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2004 Revised Code of Washington Volume 4: Titles 40 through 46
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VOLUME 4
Titles 40 through 46
2004
REVISED CODE OF WASHINGTON
Published under the authority of chapter 1.08 RCW.
Containing all laws of a general and permanent nature through the 2004 regular session, which
adjourned sine die March 11, 2004.
(2004 Ed.)
[Preface—p i]
REVISED CODE OF WASHINGTON
2004 Edition
©
2004 State of Washington
CERTIFICATE
The 2004 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.
JOHN G . SCHULTZ, Chair
STATUTE LAW COMMITTEE
PRINTED ON RECYCLABLE MATERIAL
For recycling information call:
Recycle Hotline
1-800-732-9253
[Preface—p ii]
(2004 Ed.)
PREFACE
Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW
1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits,
constitutes a true decimal, and provides a facility for numbering new sections to be inserted between old sections
already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters of
the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between
original sections so that for a time new sections may be inserted without extension of the section number beyond
three digits.
Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An
RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section
should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of
sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030.
History of the Revised Code of Washington; Source notes: The Revised Code of Washington was
adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in
exercise of the powers contained in chapter 1.08 RCW, completed a comprehensive study of these variances and, by
means of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session
law source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been
preserved in the concluding segments of the source note of each section of the code so affected. The legislative
source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated;
thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws
of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.—
—" indicates the parallel citation in Remington's Revised Code, last published in 1949.
Where, before restoration, a section of this code constituted a consolidation of two or more sections of the
session laws, or of sections separately numbered in Remington's, the line of derivation is shown for each component
section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc.
Where, before restoration, only a part of a session law section was reflected in a particular RCW section the
history note reference is followed by the word "part."
"Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification.
Double amendments: Some double or other multiple amendments to a section made without reference to
each other are set out in the code in smaller (8-point) type. See RCW 1.12.025.
Index: Titles 1 through 91 are indexed in the RCW General Index. Separate indexes are provided for the
Rules of Court and the State Constitution.
Sections repealed or decodified; Disposition table: Memorials to RCW sections repealed or decodified
are tabulated in numerical order in the table entitled "Disposition of former RCW sections."
Codification tables: To convert a session law citation to its RCW number (for Laws of 1951 or later) consult the codification tables. A similar table is included to relate the disposition in RCW of sections of Remington's
Revised Statutes.
Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative
process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law.
(2) Although considerable care has been taken in the production of this code, within the limits of available
time and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment.
When those who use this code detect errors in particular sections, a note citing the section involved and the nature of
the error may be sent to: Code Reviser, Box 40551, Legislative Building, Olympia, WA 98504-0551, so that correction may be made in a subsequent publication.
(2004 Ed.)
[Preface—p iii]
TITLES OF THE REVISED CODE OF WASHINGTON
1
46
47
Highways and motor vehicles
Motor vehicles
Public highways and transportation
48
Insurance
49
50
51
Labor
Labor regulations
Unemployment compensation
Industrial insurance
52
53
54
55
57
Local service districts
Fire protection districts
Port districts
Public utility districts
Sanitary districts
Water-sewer districts
58
59
60
61
62A
63
64
65
Property rights and incidents
Boundaries and plats
Landlord and tenant
Liens
Mortgages, deeds of trust, and real estate contracts
Uniform Commercial Code
Personal property
Real property and conveyances
Recording, registration, and legal publication
66
67
68
69
70
71
71A
72
74
Public health, safety, and welfare
Alcoholic beverage control
Sports and recreation—Convention facilities
Cemeteries, morgues, and human remains
Food, drugs, cosmetics, and poisons
Public health and safety
Mental illness
Developmental disabilities
State institutions73Veterans and veterans' affairs
Public assistance
76
77
78
79
79A
Public resources
Forests and forest products
Fish and wildlife
Mines, minerals, and petroleum
Public lands
Public recreational lands
80
81
Public service
Public utilities
Transportation
82
83
84
Taxation
Excise taxes
Estate taxation
Property taxes
85
86
87
88
89
90
91
Waters
Diking and drainage
Flood control
Irrigation
Navigation and harbor improvements
Reclamation, soil conservation, and land settlement
Water rights—Environment
Waterways
General provisions
2
3
4
5
6
7
8
9
9A
10
11
12
13
Judicial
Courts of record
District courts—Courts of limited jurisdiction
Civil procedure
Evidence
Enforcement of judgments
Special proceedings and actions
Eminent domain
Crimes and punishments
Washington Criminal Code
Criminal procedure
Probate and trust law
District courts—Civil procedure
Juvenile courts and juvenile offenders
14
Aeronautics
15
16
17
Agriculture
Agriculture and marketing
Animals and livestock
Weeds, rodents, and pests
18
19
20
21
22
Businesses and professions
Businesses and professions
Business regulations—Miscellaneous
Commission merchants—Agricultural products
Securities and investments
Warehousing and deposits
23
23B
24
25
Corporations, associations, and partnerships
Corporations and associations (Profit)
Washington business corporation act
Corporations and associations (Nonprofit)
Partnerships
26
Domestic relations
27
28A
28B
28C
Education
Libraries, museums, and historical activities
Common school provisions
Higher education
Vocational education
29A
Elections
30
31
32
33
Financial institutions
Banks and trust companies
Miscellaneous loan agencies
Mutual savings banks
Savings and loan associations
34
35
35A
36
37
38
39
40
41
42
43
44
Government
Administrative law
Cities and towns
Optional Municipal Code
Counties
Federal areas—Indians
Militia and military affairs
Public contracts and indebtedness
Public documents, records, and publications
Public employment, civil service, and pensions
Public officers and agencies
State government—Executive
State government—Legislative
[Preface—p iv]
(2004 Ed.)
Title 40
PUBLIC DOCUMENTS, RECORDS, AND PUBLICATIONS
Title 40
Chapters
40.04
40.06
40.07
40.10
40.14
40.16
40.20
40.24
Public documents.
State publications distribution center.
Management and control of state publications.
Microfilming of records to provide continuity
of civil government.
Preservation and destruction of public records.
Penal provisions.
Reproduced records for governments and
business.
Address confidentiality for victims of domestic
violence, sexual assault, and stalking.
Disclosure of public records: Chapter 42.17 RCW.
Historical materials, preservation: Chapter 27.48 RCW.
Minutes of governmental agencies open to public inspection: RCW
42.32.030.
Newspapers: Chapter 19.56 RCW.
Public documents as evidence: Chapter 5.44 RCW.
Publication of legal notices: Chapter 65.16 RCW.
Recording, registration, and legal publication: Title 65 RCW.
Records and exhibits of superior court, destruction, reproduction: RCW
36.23.065, 36.23.067, 36.23.070.
State records
secretary of state as custodian: RCW 43.07.040.
to be kept at the seat of government: State Constitution Art. 3 § 24.
Uniform business records as evidence act: Chapter 5.45 RCW.
Uniform photographic copies of business and public records as evidence
act: Chapter 5.46 RCW.
Chapter 40.04
Chapter 40.04 RCW
PUBLIC DOCUMENTS
appeals reports of the state of Washington shall deliver the
copies that are purchased by the supreme court for the use of
the state to the state law librarian. [1995 c 24 § 1; 1971 c 42
§ 2; 1941 c 150 § 3; Rem. Supp. 1941 § 8217-3.]
40.04.035 Temporary edition of session laws—Distribution and sale. The statute law committee, after each legislative session, shall furnish one temporary bound copy of
each act as published under chapter 44.20 RCW to each
requesting member of the legislature at which such law was
enacted, and to each requesting state department or division
thereof, commission, committee, board, and council, and to
community colleges. Copies shall be furnished to the senate
and the house of representatives as may be requested. Two
copies shall be furnished the administrator for the courts. One
copy shall be furnished for each assistant attorney general;
and one copy each to the Olympia representatives of the
Associated Press and the United Press.
Each county auditor shall submit each year to the statute
law committee a list of county officials requiring temporary
session laws for official use only, and the auditor shall
receive and distribute such copies to the county officials.
There shall be a charge established by the statute law
committee for each of the complete sets of such temporary
publications when delivered to any person, firm, corporation,
or institution excepting the persons and institutions named in
this section. All moneys received from the sale of such temporary sets shall be transmitted to the state treasurer, who
shall deposit them in the state treasury to the credit of the general fund. [1995 c 24 § 2; 1982 1st ex.s. c 32 § 5.]
40.04.035
Publication of temporary edition of session laws: RCW 44.20.030.
Sections
40.04.030
40.04.035
40.04.040
40.04.090
40.04.100
40.04.110
Session laws, legislative journals, supreme court and court of
appeals reports—Duties of public printer, publisher.
Temporary edition of session laws—Distribution and sale.
Permanent edition of session laws—Distribution, sale,
exchange—Sale of surplus copies.
Legislative journals—Distribution, sale, exchange.
Supreme court and court of appeals reports—Distribution,
exchange—Duties of reporter of decisions.
Supreme court and court of appeals reports—Provision by
publisher to reporter.
Attorney general to give written opinions: RCW 43.10.030.
Revised Code of Washington, publication: Chapter 1.08 RCW.
Session laws, publication, etc.: Chapter 44.20 RCW.
Supreme court reports, publication: Chapter 2.32 RCW, RCW 43.78.070.
40.04.030
40.04.030 Session laws, legislative journals, supreme
court and court of appeals reports—Duties of public
printer, publisher. The public printer shall deliver to the
statute law committee all bound volumes of the session laws.
The public printer shall deliver the house and senate journals
as they are published to the chief clerk of the house of representatives and the secretary of the senate, as appropriate. The
publisher of the supreme court reports and the court of
(2004 Ed.)
40.04.040 Permanent edition of session laws—Distribution, sale, exchange—Sale of surplus copies. Permanent
session laws shall be distributed, sold, and exchanged by the
statute law committee as follows:
(1) Copies shall be given as follows: One to each
requesting United States senator and representative in congress from this state; two to the Library of Congress; one to
the United States supreme court library; three to the library of
the circuit court of appeals of the ninth circuit; two to each
United States district court room within this state; two to each
office and branch office of the United States district attorneys
in this state; one to each requesting state official whose office
is created by the Constitution; one each to the secretary of the
senate and the chief clerk of the house of representatives and
such additional copies as they may request; fourteen copies to
the code reviser; two copies to the state library; two copies
each to the law libraries of any accredited law schools established in this state; one copy to each state adult correctional
institution; and one copy to each state mental institution.
(2) Copies, for official use only, shall be distributed as
follows: Two copies to the governor; one each to the state
40.04.040
[Title 40 RCW—page 1]
40.04.090
Title 40 RCW: Public Documents, Records, and Publications
historical society and the state bar association; and one copy
to each prosecuting attorney.
Sufficient copies shall be furnished for the use of the
supreme court, the court of appeals, the superior courts, and
the state law library as from time to time are requested. One
copy to the University of Washington library; one copy to the
library of each of the regional universities and to The Evergreen State College; and one copy to the Washington State
University library. Six copies shall be sent to the King county
law library, and one copy to each of the county law libraries
organized pursuant to law; one copy to each public library in
cities of the first class, and one copy to the municipal reference branch of the Seattle public library.
(3) Surplus copies of the session laws shall be sold and
delivered by the statute law committee, in which case the
price of the bound volumes shall be sufficient to cover costs.
All moneys received from the sale of such bound volumes of
session laws shall be paid into the state treasury for the general fund.
(4) The statute law committee may exchange bound copies of the session laws for similar laws or legal materials of
other states, territories, and governments, and make such
other and further distribution of the bound volumes as in its
judgment seems proper. [1995 c 24 § 3; 1982 1st ex.s. c 32 §
1; 1981 c 162 § 1; 1977 ex.s. c 169 § 94; 1973 c 33 § 1; 1969
c 6 § 8; 1941 c 150 § 4; Rem. Supp. 1941 § 8217-4. Formerly
RCW 40.04.040 through 40.04.080.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
Publication of permanent edition of session laws: RCW 44.20.050.
40.04.090
40.04.090 Legislative journals—Distribution, sale,
exchange. The house and senate journals shall be distributed
and sold by the chief clerk of the house of representatives and
the secretary of the senate as follows:
(1) Subject to subsection (5) of this section, sets shall be
distributed as follows: One to each requesting official whose
office is created by the Constitution, and one to each requesting state department director; two copies to the state library;
ten copies to the state law library; two copies to the University of Washington library; one to the King county law
library; one to the Washington State University library; one
to the library of each of the regional universities and to The
Evergreen State College; one each to the law library of any
accredited law school in this state; and one to each free public
library in the state that requests it.
(2) House and senate journals of the preceding regular
session during an odd- or even-numbered year, and of any
intervening special session, shall be provided for use of legislators and legislative staff in such numbers as directed by the
chief clerk of the house of representatives and secretary of the
senate.
(3) Surplus sets of the house and senate journals shall be
sold and delivered by the chief clerk of the house of representatives and the secretary of the senate at a price set by them
after consulting with the state printer to determine reasonable
costs associated with the production of the journals, and the
proceeds therefrom shall be paid to the state treasurer for the
general fund.
(4) The chief clerk of the house of representatives and
the secretary of the senate may exchange copies of the house
[Title 40 RCW—page 2]
and senate journals for similar journals of other states, territories, and governments, or for other legal materials, and make
such other and further distribution of them as in their judgment seems proper.
(5) Periodically the chief clerk of the house of representatives and the secretary of the senate may canvas those entitled to receive copies under this section, and may reduce or
eliminate the number of copies distributed to anyone who so
concurs. [1995 c 24 § 4; 1993 c 169 § 1; 1982 1st ex.s. c 32
§ 2; 1980 c 87 § 13; 1977 ex.s. c 169 § 95; 1973 c 33 § 2;
1941 c 150 § 5; Rem. Supp. 1941 § 8217-5.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
40.04.100
40.04.100 Supreme court and court of appeals
reports—Distribution, exchange—Duties of reporter of
decisions. The supreme court reports and the court of
appeals reports shall be distributed by the reporter of decisions as follows:
(1) Each supreme court justice and court of appeals
judge is entitled to receive one copy of each volume containing an opinion signed by him or her.
(2) The state law library shall receive such copies as are
necessary of each for the benefit of the state law library, the
supreme court and its subsidiary offices; and the court of
appeals and its subsidiary offices.
(3) The reporter shall provide one copy of each volume
to each county for use in the county law library and one copy
of the same to each accredited law school established in the
state.
(4) The reporter shall likewise provide the state law
library with such copies of volumes as necessary to exchange
copies of the supreme court reports and the court of appeals
reports for similar reports of other states, territories, and governments. [1995 c 257 § 4; 1991 c 363 § 113; 1979 c 151 §
49; 1973 c 33 § 3; 1971 c 42 § 3; 1941 c 150 § 6; Rem. Supp.
1941 § 8217-6.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Commission on supreme court reports: RCW 2.32.160.
Publication of supreme court reports by public printer: RCW 43.78.070.
40.04.110
40.04.110 Supreme court and court of appeals
reports—Provision by publisher to reporter. On the publication of each volume of reports the publisher to whom the
contract is awarded shall provide to the reporter the number
of copies of each volume of supreme court and court of
appeals reports necessary for the reporter and the state law
library to comply with RCW 40.04.100. [1995 c 257 § 5;
1971 c 42 § 4; 1941 c 150 § 7; Rem. Supp. 1941 § 8217-7.]
Chapter 40.06 RCW
STATE PUBLICATIONS DISTRIBUTION CENTER
Chapter 40.06
Sections
40.06.010
40.06.020
40.06.030
40.06.040
40.06.050
40.06.060
Definitions.
Center created as division of state library—Depository library
system—Rules.
Deposits by state agencies—Exemptions.
Inter-library depository contracts.
Center to publish list and other printed matter.
Agencies to furnish lists to center.
(2004 Ed.)
Management and Control of State Publications
40.06.070
40.06.900
Exemptions.
Effective date—1963 c 233.
40.06.010
40.06.010 Definitions. As used in this chapter:
(1) "Print" includes all forms of reproducing multiple
copies, with the exception of typewritten correspondence and
interoffice memoranda.
(2) "State agency" includes every state office, officer,
department, division, bureau, board, commission and agency
of the state, and, where applicable, all subdivisions of each.
(3) "State publication" includes annual, biennial, and
special reports, state periodicals and magazines, books, pamphlets, leaflets, and all other materials, other than news
releases sent exclusively to the news media, typewritten correspondence and interoffice memoranda, issued in print by
the state, the legislature, constitutional officers, or any state
department, committee, or other state agency supported
wholly or in part by state funds. [1977 ex.s. c 232 § 8; 1963
c 233 § 1.]
40.06.020
40.06.020 Center created as division of state
library—Depository library system—Rules. There is
hereby created as a division of the state library, and under the
direction of the state librarian, a state publications distribution center. The center shall utilize the depository library system to permit citizens economical and convenient access to
state publications. To this end the secretary of state shall
make such rules as may be deemed necessary to carry out the
provisions of this chapter. [2002 c 342 § 5; 1977 ex.s. c 232
§ 9; 1963 c 233 § 2.]
[2002 c 342 § 6; 1981 c 260 § 8. Prior: 1977 ex.s. c 232 § 11;
1977 ex.s. c 169 § 96; 1963 c 233 § 4.]
Effective date—2002 c 342: See RCW 27.04.901.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
40.06.050
40.06.050 Center to publish list and other printed
matter. The center shall publish and distribute regularly a
list of available state publications, and may publish and distribute such other descriptive printed matter as will facilitate
the distribution of state publications. [1963 c 233 § 5.]
40.06.060
40.06.060 Agencies to furnish lists to center. Upon
request by the center, issuing state agencies shall furnish the
center with a complete list of its current state publications and
a copy of its mailing and/or exchange lists. [1963 c 233 § 6.]
40.06.070
40.06.070 Exemptions. This chapter shall not apply to
nor affect the duties concerning publications distributed by,
or officers of:
(1) The state law library; and
(2) The statute law committee and the code reviser.
[1983 c 3 § 83; 1963 c 233 § 7.]
40.06.900
40.06.900 Effective date—1963 c 233. The effective
date of this chapter shall be July 1, 1963. [1963 c 233 § 8.]
Chapter 40.07
Effective date—2002 c 342: See RCW 27.04.901.
40.06.030
40.06.030 Deposits by state agencies—Exemptions.
(1) Every state agency shall promptly deposit copies of each
of its state publications with the state library in quantities as
certified by the state librarian as required to meet the needs of
the depository library system. Upon consent of the issuing
state agency such state publications as are printed by the public printer shall be delivered directly to the center.
(2) In the interest of economy and efficiency, the state
librarian may specifically or by general rule exempt a given
state publication or class of publications from the requirements of this section in full or in part. [1977 ex.s. c 232 § 10;
1963 c 233 § 3.]
40.06.040
40.06.040 Inter-library depository contracts. To provide economical public access to state publications, the center may enter into depository contracts with any free public
library, The Evergreen State College, regional university, or
state university library, or, if needed, the library of any privately incorporated college or university in this state. The
requirements for eligibility to contract as a depository library
shall be established by the secretary of state upon recommendations of the state librarian. The standards shall include and
take into consideration the type of library, available housing
and space for the publications, the number and qualifications
of personnel, and availability for public use. The center may
also contract with public, out-of-state libraries for the
exchange of state and other publications on a reciprocal basis.
Any state publication to be distributed to the public and the
legislature shall be mailed at the lowest available postal rate.
(2004 Ed.)
40.07.020
Chapter 40.07 RCW
MANAGEMENT AND CONTROL OF
STATE PUBLICATIONS
Sections
40.07.010
40.07.020
40.07.030
40.07.040
40.07.050
40.07.060
40.07.070
Legislative declaration.
Definitions.
Reports—Where filed—Review of state publications—Duties
of agency head with respect to publications—Guidelines for
publications—Director's duties.
Duties of the governor.
Prohibition of state publications not in accordance with RCW
40.07.030—Exceptions.
Notification—Removal from mailing lists, exceptions—Mailing rates.
Advertising in state publications—Prerequisites for advertisers.
40.07.010
40.07.010 Legislative declaration. It is the intent of
this legislation to improve executive management and control
of state publications and reduce state expenditures through:
(1) Elimination of reports and publications which are economically or otherwise unjustified; and (2) the simplification
and consolidation of other reports and publications. [1977
ex.s. c 232 § 1.]
40.07.020
40.07.020 Definitions. The terms defined in this section shall have the meanings indicated when used in this
chapter.
(1) "Director" means the director of financial management.
(2) "State agency" includes every state office, department, division, bureau, board, commission, committee,
higher education institution, community college, and agency
of the state and all subordinate subdivisions of such agencies
in the executive branch financed in whole or in part from
[Title 40 RCW—page 3]
40.07.030
Title 40 RCW: Public Documents, Records, and Publications
funds held in the state treasury, but does not include the
offices of executive officials elected on a statewide basis,
agricultural commodity commissions, the legislature, the
judiciary, or agencies of the legislative or judicial branches of
state government.
(3)(a) "State publication" means publications of state
agencies and shall include any annual and biennial reports,
any special report required by law, state agency newsletters,
periodicals and magazines, and other printed informational
material intended for general dissemination to the public or to
the legislature.
(b) "State publication" may include such other state
agency printed informational material as the director may
prescribe by rule or regulation, in the interest of economy and
efficiency, after consultation with the governor, the state
librarian, and any state agencies affected.
(c) "State publication" does not include:
(i) Business forms, preliminary draft reports, working
papers, or copies of testimony and related exhibit material
prepared solely for purposes of a presentation to a committee
of the state legislature;
(ii) Typewritten correspondence and interoffice memoranda, and staff memoranda and similar material prepared
exclusively as testimony or exhibits in any proceeding in the
courts of this state, the United States, or before any administrative entity;
(iii) Any notices of intention to adopt rules under RCW
34.05.320;
(iv) Publications relating to a multistate program
financed by more than one state or by federal funds or private
subscriptions; or
(v) News releases sent exclusively to the news media.
(4) "Print" includes all forms of reproducing multiple
copies with the exception of typewritten correspondence and
interoffice memoranda. [1989 c 175 § 86; 1979 c 151 § 50;
1977 ex.s. c 232 § 2.]
Effective date—1989 c 175: See note following RCW 34.05.010.
40.07.030
40.07.030 Reports—Where filed—Review of state
publications—Duties of agency head with respect to publications—Guidelines for publications—Director's duties.
(1) Any annual, biennial, or special report required to be
made by any state officer, board, agency, department, commissioner, regents, trustees, or institution to the governor or
to the legislature may be typewritten and a copy shall be filed
with the governor, or the governor's designee, and the legislature as the law may require. An additional copy shall be filed
with the state library as a public record.
(2) The director or the director's designee may selectively review state publications in order to determine if specific state publications are economically and effectively contributing to the accomplishment of state agency program
objectives. The director or the director's designee shall provide general guidelines as to the number of copies to be
printed for use or distribution by the issuing agency and any
public or other distribution under chapter 40.06 RCW as now
or hereafter amended, or other applicable directives.
(3) No agency head shall recommend a state publication
for printing and distribution, other than those required by
law, unless the benefits from the publication and distribution
[Title 40 RCW—page 4]
thereof to the citizens and taxpayers of this state clearly
exceed the costs of preparation, printing, and distribution.
(4) The director, after consultation with affected agencies, shall prepare and publish guidelines for use by state
agencies in determining and evaluating the benefits and costs
of current and proposed state publications. All state agencies
shall evaluate each new state publication they propose and
shall annually evaluate each continuing state publication they
produce in accordance with the guidelines published by the
director.
(5) The director shall, after consultation with affected
state agencies, also provide by general rules and regulations
for overall control of the quality of the printing of state publications. Necessary publications are to be prepared and
printed in the most economic manner consistent with effectiveness and achievement of program objectives. [1977 ex.s.
c 232 § 3.]
40.07.040
40.07.040 Duties of the governor. (1) The governor or
the governor's designee shall take such other action as may be
necessary to maximize the economy, efficiency, and effectiveness of state publications and to do so may eliminate,
consolidate, or simplify state agency publications.
(2) Nothing in this chapter shall be construed in any way
as restricting public access to public records or the public
right to copy such records as provided by RCW 42.17.250
through 42.17.340 as now existing or hereafter amended.
[1977 ex.s. c 232 § 4.]
40.07.050
40.07.050 Prohibition of state publications not in
accordance with RCW 40.07.030—Exceptions. Neither
the public printer nor any state agency shall print or authorize
for printing any state publication that has been determined by
the director to be inconsistent with RCW 40.07.030 except to
the extent this requirement may conflict with the laws of the
United States or any rules or regulations lawfully promulgated under those laws. A copy of any state publication
printed without the approval of the director under the exceptions authorized in this section shall be filed with the director
with a letter of transmittal citing the federal statute, rule, or
regulation requiring the publication. [1986 c 158 § 5; 1977
ex.s. c 232 § 5.]
40.07.060
40.07.060 Notification—Removal from mailing lists,
exceptions—Mailing rates. Each state agency shall at least
once each biennium notify the addressees of each state publication in or with that publication that they may be removed
from the mailing list by notifying the originating agency.
Mailings required by a state or federal statute, rule, or regulation, those maintained by an institution of higher education
for official fund raising or curriculum offerings, bulk mailings addressed to "occupant" or a similar designation, and
paid subscriptions are excluded from the provisions of this
paragraph.
All publications shall be distributed or mailed at the lowest available rate. [1977 ex.s. c 232 § 6.]
40.07.070
40.07.070 Advertising in state publications—Prerequisites for advertisers. A state agency may not accept
advertising for placement in a state publication unless the
(2004 Ed.)
Microfilming of Records to Provide Continuity of Civil Government
advertiser: (1) Has obtained a certificate of registration from
the department of revenue under chapter 82.32 RCW; and (2)
if the advertiser is not otherwise obligated to collect and remit
Washington retail sales tax or use tax, the advertiser either (a)
agrees to voluntarily collect and remit the Washington use
tax upon all sales to Washington consumers, or (b) agrees to
provide to the department of revenue, no less frequently than
quarterly, a listing of the names and addresses of Washington
customers to whom sales were made. This section does not
apply to advertising that does not offer items for sale or to
advertising that does not solicit orders for sales. [1993 c 74 §
1.]
Effective date—1993 c 74: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 74 § 2.]
assist and cooperate in the storage and safeguarding of such
reproductions in such place as is recommended by the state
archivist with the advice of the director of community, trade,
and economic development. The state archivist shall coordinate the essential records protection program and shall carry
out the provisions of the state emergency plan as they relate
to the preservation of essential records. The state archivist is
authorized to charge the several departments of the state and
local government the actual cost incurred in reproducing,
storing and safeguarding such documents: PROVIDED,
That nothing herein shall authorize the destruction of the
originals of such documents after reproduction thereof.
[1995 c 399 § 58; 1986 c 266 § 45; 1985 c 7 § 106; 1982 c 36
§ 2; 1973 c 54 § 2; 1963 c 241 § 2.]
Severability—1986 c 266: See note following RCW 38.52.005.
Chapter 40.14
Chapter 40.10 RCW
MICROFILMING OF RECORDS TO PROVIDE
CONTINUITY OF CIVIL GOVERNMENT
Chapter 40.10
40.10.020
Essential records—Designation—List—Security and protection—Reproduction.
Essential records—Reproduction and storage—Coordination
of protection program—Fees.
40.14.010
40.14.020
40.14.022
40.14.024
40.10.010
40.10.010 Essential records—Designation—List—
Security and protection—Reproduction. In order to provide for the continuity and preservation of civil government,
each elected and appointed officer of the state shall designate
those public documents which are essential records of his
office and needed in an emergency and for the reestablishment of normal operations after any such emergency. A list
of such records shall be forwarded to the state archivist on
forms prescribed by the state archivist. This list shall be
reviewed at least annually by the elected or appointed officer
to insure its completeness. Any changes or revisions following this review shall be forwarded to the state archivist. Each
such elected and appointed officer of state government shall
insure that the security of essential records of his office is by
the most economical means commensurate with adequate
protection. Protection of essential records may be by vaulting, planned or natural dispersal of copies, or any other
method approved by the state archivist. Reproductions of
essential records may be by photo copy, magnetic tape,
microfilm or other method approved by the state archivist.
Local government offices may coordinate the protection of
their essential records with the state archivist as necessary to
provide continuity of local government under emergency
conditions. [1982 c 36 § 1; 1973 c 54 § 1; 1963 c 241 § 1.]
Severability—1973 c 54: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 54 § 6.]
40.10.020
40.10.020 Essential records—Reproduction and
storage—Coordination of protection program—Fees.
The state archivist is authorized to reproduce those documents designated as essential records by the several elected
and appointed officials of the state and local government by
microfilm or other miniature photographic process and to
(2004 Ed.)
Chapter 40.14 RCW
PRESERVATION AND DESTRUCTION
OF PUBLIC RECORDS
Sections
Sections
40.10.010
40.14.010
40.14.025
40.14.027
40.14.030
40.14.040
40.14.050
40.14.060
40.14.070
40.14.080
40.14.100
40.14.110
40.14.120
40.14.130
40.14.140
40.14.150
40.14.160
40.14.170
40.14.180
Definition and classification of public records.
Division of archives and records management—State archivist—Powers and duties—Duties of public officials.
Division of archives and records management—Imaging
account.
Division of archives and records management—Local government archives account.
Division of archives and records management—Allocation of
costs of services—Archives and records management
account.
Public archives and records management services—Judgment
debtor surcharge.
Transfer to state archives—Certified copies, cost—Public disclosure.
Records officers—Designation—Powers and duties.
Records committee—Composition, travel expenses, meetings,
powers and duties—Retention schedules.
Destruction, disposition of official public records or office
files and memoranda—Record retention schedules.
Destruction, disposition, donation of local government
records—Preservation for historical interest—Local records
committee, duties—Record retention schedules.
Chapter not to affect other laws.
Legislative records—Defined.
Legislative records—Contribution of papers by legislators and
employees.
Legislative records—"Clerk," "secretary" defined.
Legislative records—Duties of legislative officials, employees
and state archivist—Delivery of records—Custody—Availability.
Legislative records—Party caucuses to be advised—Information and instructions.
Legislative records—Use for research.
Legislative records—Rules for access to records.
Legislative records—Sound recordings.
Legislative records—Construction—Confidentiality of bill
drafting records.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
40.14.010
40.14.010 Definition and classification of public
records. As used in this chapter, the term "public records"
shall include any paper, correspondence, completed form,
bound record book, photograph, film, sound recording, map
drawing, machine-readable material, compact disc meeting
current industry ISO specifications, or other document,
regardless of physical form or characteristics, and including
such copies thereof, that have been made by or received by
any agency of the state of Washington in connection with the
[Title 40 RCW—page 5]
40.14.020
Title 40 RCW: Public Documents, Records, and Publications
transaction of public business, and legislative records as
described in RCW 40.14.100.
For the purposes of this chapter, public records shall be
classified as follows:
(1) Official public records shall include all original
vouchers, receipts, and other documents necessary to isolate
and prove the validity of every transaction relating to the
receipt, use, and disposition of all public property and public
income from all sources whatsoever; all agreements and contracts to which the state of Washington or any agency thereof
may be a party; all fidelity, surety, and performance bonds;
all claims filed against the state of Washington or any agency
thereof; all records or documents required by law to be filed
with or kept by any agency of the state of Washington; all
legislative records as defined in RCW 40.14.100; and all
other documents or records determined by the records committee, created in RCW 40.14.050, to be official public
records.
(2) Office files and memoranda include such records as
correspondence, exhibits, drawings, maps, completed forms,
or documents not above defined and classified as official
public records; duplicate copies of official public records
filed with any agency of the state of Washington; documents
and reports made for the internal administration of the office
to which they pertain but not required by law to be filed or
kept with such agency; and other documents or records as
determined by the records committee to be office files and
memoranda. [1996 c 71 § 1; 1982 c 36 § 3; 1981 c 32 § 4;
1971 ex.s. c 102 § 1; 1957 c 246 § 1.]
40.14.020 Division of archives and records management—State archivist—Powers and duties—Duties of
public officials. All public records shall be and remain the
property of the state of Washington. They shall be delivered
by outgoing officials and employees to their successors and
shall be preserved, stored, transferred, destroyed or disposed
of, and otherwise managed, only in accordance with the provisions of this chapter. In order to insure the proper management and safeguarding of public records, the division of
archives and records management is established in the office
of the secretary of state. The state archivist, who shall administer the division and have reasonable access to all public
records, wherever kept, for purposes of information, surveying, or cataloguing, shall undertake the following functions,
duties, and responsibilities:
(1) To manage the archives of the state of Washington;
(2) To centralize the archives of the state of Washington,
to make them available for reference and scholarship, and to
insure their proper preservation;
(3) To inspect, inventory, catalog, and arrange retention
and transfer schedules on all record files of all state departments and other agencies of state government;
(4) To insure the maintenance and security of all state
public records and to establish safeguards against unauthorized removal or destruction;
(5) To establish and operate such state record centers as
may from time to time be authorized by appropriation, for the
purpose of preserving, servicing, screening and protecting all
state public records which must be preserved temporarily or
permanently, but which need not be retained in office space
and equipment;
40.14.020
[Title 40 RCW—page 6]
(6) To adopt rules under chapter 34.05 RCW:
(a) Setting standards for the durability and permanence
of public records maintained by state and local agencies;
(b) Governing procedures for the creation, maintenance,
transmission, cataloging, indexing, storage, or reproduction
of photographic, optical, electronic, or other images of public
documents or records in a manner consistent with current
standards, policies, and procedures of the department of
information services for the acquisition of information technology;
(c) Governing the accuracy and durability of, and facilitating access to, photographic, optical, electronic, or other
images used as public records; or
(d) To carry out any other provision of this chapter;
(7) To gather and disseminate to interested agencies
information on all phases of records management and current
practices, methods, procedures, techniques, and devices for
efficient and economical management and preservation of
records;
(8) To operate a central microfilming bureau which will
microfilm, at cost, records approved for filming by the head
of the office of origin and the archivist; to approve microfilming projects undertaken by state departments and all other
agencies of state government; and to maintain proper standards for this work;
(9) To maintain necessary facilities for the review of
records approved for destruction and for their economical
disposition by sale or burning; directly to supervise such
destruction of public records as shall be authorized by the
terms of this chapter;
(10) To assist and train state and local agencies in the
proper methods of creating, maintaining, cataloging, indexing, transmitting, storing, and reproducing photographic,
optical, electronic, or other images used as public records;
(11) To solicit, accept, and expend donations as provided
in RCW 43.07.037 for the purpose of the archive program.
These purposes include, but are not limited to, acquisition,
accession, interpretation, and display of archival materials.
Donations that do not meet the criteria of the archive program
may not be accepted. [2002 c 358 § 4; 1995 c 326 § 1. Prior:
1991 c 237 § 4; 1991 c 184 § 1; 1986 c 275 § 1; 1983 c 84 §
1; 1981 c 115 § 1; 1957 c 246 § 2.]
Effective date—1991 c 237: See note following RCW 43.07.220.
Effective date—1981 c 115: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 115 § 10.]
40.14.022
40.14.022 Division of archives and records management—Imaging account. The imaging account is created in
the custody of the state treasurer. All receipts collected under
RCW 40.14.020(8) for contract imaging, micrographics,
reproduction, and duplication services provided by the division of archives and records management must be deposited
into the account, and expenditures from the account may be
used only for these purposes. Only the secretary of state or
the secretary's designee may authorize expenditures from the
account. The account is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2003 c 163 § 2.]
(2004 Ed.)
Preservation and Destruction of Public Records
40.14.024
40.14.024 Division of archives and records management—Local government archives account. The local
government archives account is created in the state treasury.
All receipts collected by the county auditors under RCW
40.14.027 and 36.22.175 for local government services, such
as providing records scheduling, security microfilm inspection and storage, archival preservation, cataloging, and
indexing for local government records and digital data and
access to those records and data through the regional branch
archives of the division of archives and records management,
must be deposited into the account, and expenditures from
the account may be used only for these purposes. [2003 c 163
§ 3.]
40.14.025
40.14.025 Division of archives and records management—Allocation of costs of services—Archives and
records management account. (1) The secretary of state
and the director of financial management shall jointly establish a procedure and formula for allocating the costs of services provided by the division of archives and records management to state agencies. The total amount allotted for services to state agencies shall not exceed the appropriation to
the archives and records management account during any
allotment period.
(2) There is created the archives and records management account in the state treasury which shall consist of all
fees and charges collected under this section. The account
shall be appropriated exclusively for the payment of costs
and expenses incurred in the operation of the division of
archives and records management as specified by law. [2003
c 163 § 1; 1996 c 245 § 3; 1991 sp.s. c 13 § 5; 1985 c 57 § 22;
1981 c 115 § 4.]
Effective date—1996 c 245: "This act takes effect on July 1, 1996."
[1996 c 245 § 5.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Effective date—1981 c 115: See note following RCW 40.14.020.
40.14.027
40.14.027 Public archives and records management
services—Judgment debtor surcharge. State agencies
shall collect a surcharge of twenty dollars from the judgment
debtor upon the satisfaction of a warrant filed in superior
court for unpaid taxes or liabilities. The surcharge is imposed
on the judgment debtor in the form of a penalty in addition to
the filing fee provided in RCW 36.18.012(10). The surcharge revenue shall be transmitted to the state treasurer for
deposit in the archives and records management account.
Surcharge revenue deposited in the local government
archives account under RCW 40.14.024 shall be expended by
the secretary of state exclusively for disaster recovery, essential records protection services, and records management
training for local government agencies by the division of
archives and records management. The secretary of state
shall, with local government representatives, establish a committee to advise the state archivist on the local government
archives and records management program. [2003 c 163 § 4;
2001 c 146 § 4; 1996 c 245 § 4; 1995 c 292 § 17; 1994 c 193
§ 2.]
Effective date—1996 c 245: See note following RCW 40.14.025.
(2004 Ed.)
40.14.030
Findings—1994 c 193: "The legislature finds that: (1) Accountability
for and the efficient management of local government records are in the public interest and that compliance with public records management requirements significantly affects the cost of local government administration; (2)
the secretary of state is responsible for insuring the preservation of local government archives and may assist local government compliance with public
records statutes; (3) as provided in RCW 40.14.025, all archives and records
management services provided by the secretary of state are funded exclusively by a schedule of fees and charges established jointly by the secretary
of state and the director of financial management; (4) the secretary of state's
costs for preserving and providing public access to local government
archives and providing records management assistance to local government
agencies have been funded by fees paid by state government agencies; (5)
local government agencies are responsible for costs associated with managing, protecting, and providing public access to the records in their custody;
(6) local government should help fund the secretary of state's local government archives and records management services; (7) the five-dollar fee collected by county clerks for processing warrants for unpaid taxes or liabilities
filed by the state of Washington is not sufficient to cover processing costs
and is far below filing fees commonly charged for similar types of minor
civil actions; (8) a surcharge of twenty dollars would bring the filing fee for
warrants for the collection of unpaid taxes and liabilities up to a level comparable to other minor civil filings and should be applied to the support of the
secretary of state's local government archives and records services without
placing an undue burden on local government; and (9) the process of collecting and transmitting surcharge revenue should not have an undue impact on
the operations of the state agencies that file warrants for the collection of
unpaid taxes and liabilities or the clerks of superior court who process them."
[1994 c 193 § 1.]
Effective date—1994 c 193: "This act shall take effect July 1, 1994."
[1994 c 193 § 3.]
40.14.030
40.14.030 Transfer to state archives—Certified copies, cost—Public disclosure. (1) All public records, not
required in the current operation of the office where they are
made or kept, and all records of every agency, commission,
committee, or any other activity of state government which
may be abolished or discontinued, shall be transferred to the
state archives so that the valuable historical records of the
state may be centralized, made more widely available, and
insured permanent preservation: PROVIDED, That this section shall have no application to public records approved for
destruction under the subsequent provisions of this chapter.
When so transferred, copies of the public records concerned shall be made and certified by the archivist, which
certification shall have the same force and effect as though
made by the officer originally in charge of them. Fees may
be charged to cover the cost of reproduction. In turning over
the archives of his office, the officer in charge thereof, or his
successor, thereby loses none of his rights of access to them,
without charge, whenever necessary.
(2) Records that are confidential, privileged, or exempt
from public disclosure under state or federal law while in the
possession of the originating agency, commission, board,
committee, or other entity of state or local government retain
their confidential, privileged, or exempt status after transfer
to the state archives unless the archivist, with the concurrence
of the originating jurisdiction, determines that the records
must be made accessible to the public according to proper
and reasonable rules adopted by the secretary of state, in
which case the records may be open to inspection and available for copying after the expiration of seventy-five years
from creation of the record. If the originating jurisdiction is
no longer in existence, the archivist shall make the determination of availability according to such rules. If, while in the
possession of the originating agency, commission, board,
[Title 40 RCW—page 7]
40.14.040
Title 40 RCW: Public Documents, Records, and Publications
committee, or other entity, any record is determined to be
confidential, privileged, or exempt from public disclosure
under state or federal law for a period of less than seventyfive years, then the record, with the concurrence of the originating jurisdiction, must be made accessible to the public
upon the expiration of the shorter period of time according to
proper and reasonable rules adopted by the secretary of state.
[2003 c 305 § 1; 1957 c 246 § 3.]
Columbia River boundary compact, transfer of records to division of
archives: RCW 43.58.070.
40.14.040
40.14.040 Records officers—Designation—Powers
and duties. Each department or other agency of the state
government shall designate a records officer to supervise its
records program and to represent the office in all contacts
with the records committee, hereinafter created, and the division of archives and records management. The records officer
shall:
(1) Coordinate all aspects of the records management
program.
(2) Inventory, or manage the inventory, of all public
records at least once during a biennium for disposition scheduling and transfer action, in accordance with procedures prescribed by the state archivist and state records committee:
PROVIDED, That essential records shall be inventoried and
processed in accordance with chapter 40.10 RCW at least
annually.
(3) Consult with any other personnel responsible for
maintenance of specific records within his state organization
regarding records retention and transfer recommendations.
(4) Analyze records inventory data, examine and compare divisional or unit inventories for duplication of records,
and recommend to the state archivist and state records committee minimal retentions for all copies commensurate with
legal, financial and administrative needs.
(5) Approve all records inventory and destruction
requests which are submitted to the state records committee.
(6) Review established records retention schedules at
least annually to insure that they are complete and current.
(7) Exercise internal control over the acquisition of filming and file equipment.
If a particular agency or department does not wish to
transfer records at a time previously scheduled therefor, the
records officer shall, within thirty days, notify the archivist
and request a change in such previously set schedule, including his reasons therefor. [1982 c 36 § 4; 1979 c 151 § 51;
1973 c 54 § 3; 1957 c 246 § 4.]
40.14.050
40.14.050 Records committee—Composition, travel
expenses, meetings, powers and duties—Retention schedules. There is created a committee, to be known as the
records committee, composed of the archivist, an appointee
of the state auditor, an appointee of the attorney general, and
an appointee of the director of financial management. Committee members shall serve without additional salary, but
shall be entitled to travel expenses incurred in accordance
with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. Such expenses shall be paid from the appropriations made for operation of their respective departments
or offices.
[Title 40 RCW—page 8]
The records committee shall meet at least once every
quarter or oftener as business dictates. Action by the committee shall be by majority vote and records shall be kept of all
committee business.
It shall be the duty of the records committee to approve,
modify or disapprove the recommendations on retention
schedules of all files of public records and to act upon
requests to destroy any public records: PROVIDED, That
any modification of a request or recommendation must be
approved by the head of the agency originating the request or
recommendation.
The division of archives and records management shall
provide forms, approved by the records committee, upon
which it shall prepare recommendations to the committee in
cooperation with the records officer of the department or
other agency whose records are involved. [1985 c 192 § 1;
1975-'76 2nd ex.s. c 34 § 83; 1957 c 246 § 5.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
40.14.060
40.14.060 Destruction, disposition of official public
records or office files and memoranda—Record retention
schedules. (1) Any destruction of official public records
shall be pursuant to a schedule approved under RCW
40.14.050. Official public records shall not be destroyed
unless:
(a) Except as provided under RCW 40.14.070(2)(b), the
records are six or more years old;
(b) The department of origin of the records has made a
satisfactory showing to the state records committee that the
retention of the records for a minimum of six years is both
unnecessary and uneconomical, particularly if lesser federal
retention periods for records generated by the state under federal programs have been established; or
(c) The originals of official public records less than six
years old have been copied or reproduced by any photographic or other process approved by the state archivist
which accurately reproduces or forms a durable medium for
so reproducing the original.
(2) Any lesser term of retention than six years must have
the additional approval of the director of financial management, the state auditor and the attorney general, except when
records have federal retention guidelines the state records
committee may adjust the retention period accordingly. An
automatic reduction of retention periods from seven to six
years for official public records on record retention schedules
existing on June 10, 1982, shall not be made, but the same
shall be reviewed individually by the state records committee
for approval or disapproval of the change to a retention
period of six years.
Recommendations for the destruction or disposition of
office files and memoranda shall be submitted to the records
committee upon approved forms prepared by the records
officer of the agency concerned and the archivist. The committee shall determine the period of time that any office file
or memorandum shall be preserved and may authorize the
division of archives and records management to arrange for
its destruction or disposition. [1999 c 326 § 1; 1982 c 36 § 5;
1979 c 151 § 52; 1973 c 54 § 4; 1957 c 246 § 6.]
(2004 Ed.)
Preservation and Destruction of Public Records
40.14.070
40.14.070 Destruction, disposition, donation of local
government records—Preservation for historical interest—Local records committee, duties—Record retention
schedules. (1)(a) County, municipal, and other local government agencies may request authority to destroy noncurrent
public records having no further administrative or legal value
by submitting to the division of archives and records management lists of such records on forms prepared by the division.
The archivist, a representative appointed by the state auditor,
and a representative appointed by the attorney general shall
constitute a committee, known as the local records committee, which shall review such lists and which may veto the
destruction of any or all items contained therein.
(b) A local government agency, as an alternative to submitting lists, may elect to establish a records control program
based on recurring disposition schedules recommended by
the agency to the local records committee. The schedules are
to be submitted on forms provided by the division of archives
and records management to the local records committee,
which may either veto, approve, or amend the schedule.
Approval of such schedule or amended schedule shall be by
unanimous vote of the local records committee. Upon such
approval, the schedule shall constitute authority for the local
government agency to destroy the records listed thereon, after
the required retention period, on a recurring basis until the
schedule is either amended or revised by the committee.
(2)(a) Except as otherwise provided by law, no public
records shall be destroyed until approved for destruction by
the local records committee. Official public records shall not
be destroyed unless:
(i) The records are six or more years old;
(ii) The department of origin of the records has made a
satisfactory showing to the state records committee that the
retention of the records for a minimum of six years is both
unnecessary and uneconomical, particularly where lesser federal retention periods for records generated by the state under
federal programs have been established; or
(iii) The originals of official public records less than six
years old have been copied or reproduced by any photographic, photostatic, microfilm, miniature photographic, or
other process approved by the state archivist which accurately reproduces or forms a durable medium for so reproducing the original.
An automatic reduction of retention periods from seven
to six years for official public records on record retention
schedules existing on June 10, 1982, shall not be made, but
the same shall be reviewed individually by the local records
committee for approval or disapproval of the change to a
retention period of six years.
The state archivist may furnish appropriate information,
suggestions, and guidelines to local government agencies for
their assistance in the preparation of lists and schedules or
any other matter relating to the retention, preservation, or
destruction of records under this chapter. The local records
committee may adopt appropriate regulations establishing
procedures to be followed in such matters.
Records of county, municipal, or other local government
agencies, designated by the archivist as of primarily historical
interest, may be transferred to a recognized depository
agency.
(2004 Ed.)
40.14.100
(b) Records of investigative reports prepared by any
state, county, municipal, or other law enforcement agency
pertaining to sex offenders contained in chapter 9A.44 RCW
or sexually violent offenses as defined in RCW 71.09.020
that are not required in the current operation of the law
enforcement agency or for pending judicial proceedings
shall, following the expiration of the applicable schedule of
the law enforcement agency's retention of the records, be
transferred to the Washington association of sheriffs and
police chiefs for permanent electronic retention and retrieval.
Upon electronic retention of any document, the association
shall be permitted to destroy the paper copy of the document.
(c) Any record transferred to the Washington association
of sheriffs and police chiefs pursuant to (b) of this subsection
shall be deemed to no longer constitute a public record pursuant to RCW 42.17.020 and shall be exempt from public disclosure. Such records shall be disseminated only to criminal
justice agencies as defined in RCW 10.97.030 for the purpose
of determining if a sex offender met the criteria of a sexually
violent predator as defined in chapter 71.09 RCW.
(3) Except as otherwise provided by law, county, municipal, and other local government agencies may, as an alternative to destroying noncurrent public records having no further
administrative or legal value, donate the public records to the
state library, local library, historical society, genealogical
society, or similar society or organization.
Public records may not be donated under this subsection
unless:
(a) The records are seventy years old or more;
(b) The local records committee has approved the
destruction of the public records; and
(c) The state archivist has determined that the public
records have no historic interest. [2003 c 240 § 1; 1999 c 326
§ 2; 1995 c 301 § 71; 1982 c 36 § 6; 1973 c 54 § 5; 1971 ex.s.
c 10 § 1; 1957 c 246 § 7.]
Copying, preserving, and indexing of documents recorded by county auditor: RCW 36.22.160 through 36.22.190.
Destruction and reproduction of court records: RCW 36.23.065 through
36.23.070.
40.14.080
40.14.080 Chapter not to affect other laws. The provisions of this chapter shall not be construed as repealing or
modifying any other acts or parts of acts authorizing the
destruction of public records save for those specifically
named in *section 9 of this act; nor shall this chapter affect
the provisions of chapter 40.07 RCW requiring the deposit of
all state publications in the state library. [1983 c 3 § 84; 1957
c 246 § 8.]
*Reviser's note: "section 9 of this act" refers to 1957 c 246 § 9, which
repealed RCW 40.08.010 through 40.08.050 and 40.12.010 through
40.12.110.
40.14.100
40.14.100 Legislative records—Defined. As used in
RCW 40.14.010 and 40.14.100 through 40.14.180, unless the
context requires otherwise, "legislative records" shall be
defined as correspondence, amendments, reports, and minutes of meetings made by or submitted to legislative committees or subcommittees and transcripts or other records of
hearings or supplementary written testimony or data thereof
filed with committees or subcommittees in connection with
the exercise of legislative or investigatory functions, but does
[Title 40 RCW—page 9]
40.14.110
Title 40 RCW: Public Documents, Records, and Publications
not include the records of an official act of the legislature
kept by the secretary of state, bills and their copies, published
materials, digests, or multi-copied matter which are routinely
retained and otherwise available at the state library or in a
public repository, or reports or correspondence made or
received by or in any way under the personal control of the
individual members of the legislature. [1971 ex.s. c 102 § 2.]
40.14.110
40.14.110 Legislative records—Contribution of
papers by legislators and employees. Nothing in RCW
40.14.010 and 40.14.100 through 40.14.180 shall prohibit a
legislator or legislative employee from contributing his personal papers to any private library, public library, or the state
archives. The state archivist is authorized to receive papers of
legislators and legislative employees and is directed to
encourage the donation of such personal records to the state.
The state archivist is authorized to establish such guidelines
and procedures for the collection of personal papers and correspondence relating to the legislature as he sees fit. Legislators and legislative employees are encouraged to contribute
their personal papers to the state for preservation. [1971 ex.s.
c 102 § 3.]
40.14.120
40.14.120 Legislative records—"Clerk," "secretary"
defined. As used in RCW 40.14.010 and 40.14.100 through
40.14.180 "clerk" means clerk of the Washington state house
of representatives and "secretary" means the secretary of the
Washington state senate. [1971 ex.s. c 102 § 4.]
40.14.130
40.14.130 Legislative records—Duties of legislative
officials, employees and state archivist—Delivery of
records—Custody—Availability. The legislative committee chairman, subcommittee chairman, committee member,
or employed personnel of the state legislature having possession of legislative records that are not required for the regular
performance of official duties shall, within ten days after the
adjournment sine die of a regular or special session, deliver
all such legislative records to the clerk of the house or the secretary of the senate.
The clerk of the house and the secretary of the senate are
charged to include requirements and responsibilities for
keeping committee minutes and records as part of their
instructions to committee chairmen and employees.
The clerk or the secretary, with the assistance of the state
archivist, shall classify and arrange the legislative records
delivered to the clerk or secretary in a manner that he considers best suited to carry out the efficient and economical utilization, maintenance, preservation, and disposition of the
records. The clerk or the secretary may deliver to the state
archivist all legislative records in his possession when such
records have been classified and arranged and are no longer
needed by either house. The state archivist shall thereafter be
custodian of the records so delivered, but shall deliver such
records back to either the clerk or secretary upon his request.
The chairman, member, or employee of a legislative
interim committee responsible for maintaining the legislative
records of that committee shall, on a scheduled basis agreed
upon by the chairman, member, or employee of the legislative interim committee, deliver to the clerk or secretary all
legislative records in his possession, as long as such records
[Title 40 RCW—page 10]
are not required for the regular performance of official duties.
He shall also deliver to the clerk or secretary all records of an
interim committee within ten days after the committee ceases
to function. [1971 ex.s. c 102 § 5.]
40.14.140
40.14.140 Legislative records—Party caucuses to be
advised—Information and instructions. It shall be the
duty of the clerk and the secretary to advise the party caucuses in each house concerning the necessity to keep public
records. The state archivist or his representative shall work
with the clerk and secretary to provide information and
instructions on the best method for keeping legislative
records. [1971 ex.s. c 102 § 6.]
40.14.150
40.14.150 Legislative records—Use for research.
Committee records may be used by legislative employees for
research at the discretion of the clerk or the secretary. [1971
ex.s. c 102 § 7.]
40.14.160
40.14.160 Legislative records—Rules for access to
records. The clerk or the secretary shall, with advice of the
state archivist, prescribe rules for access to records more than
three years old when such records have been delivered to the
state archives for preservation and maintenance. [1971 ex.s.
c 102 § 8.]
40.14.170
40.14.170 Legislative records—Sound recordings.
Any sound recording of debate in the house or senate made
by legislative employees shall be preserved by the chief clerk
of the house and by the secretary of the senate, respectively,
for two years from the end of the session at which made, and
thereafter shall be transmitted to the state archivist. The chief
clerk and the secretary shall catalogue or index the recordings
in their custody according to a uniform system, in order to
allow easy access to the debate on specific questions before
either house, and shall make available to any court of record,
at the cost of reproduction, such portions of the recordings as
the court may request. [1971 ex.s. c 102 § 9.]
40.14.180
40.14.180 Legislative records—Construction—Confidentiality of bill drafting records. The provisions of
RCW 40.14.010 and 40.14.100 through 40.14.180 shall not
be construed as repealing or modifying any other acts or parts
of acts authorizing the retention or destruction of public
records nor shall RCW 40.14.010 and 40.14.100 through
40.14.180 affect the provisions of chapter 40.07 RCW requiring the deposit of all state publications in the state library nor
shall it affect the confidentiality of the bill drafting records of
the code reviser's office. [1983 c 3 § 85; 1971 ex.s. c 102 §
10.]
Chapter 40.16
Chapter 40.16 RCW
PENAL PROVISIONS
Sections
40.16.010
40.16.020
40.16.030
Injury to public record.
Injury to and misappropriation of record.
Offering false instrument for filing or record.
Fraud: Chapter 9A.60 RCW.
(2004 Ed.)
Reproduced Records for Governments and Business
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Misconduct of public officers: Chapter 42.20 RCW.
Public works accounts and records, penalty for falsifying: RCW 39.04.110.
40.16.010
40.16.010 Injury to public record. Every person who
shall willfully and unlawfully remove, alter, mutilate,
destroy, conceal, or obliterate a record, map, book, paper,
document, or other thing filed or deposited in a public office,
or with any public officer, by authority of law, is guilty of a
class C felony and shall be punished by imprisonment in a
state correctional facility for not more than five years, or by a
fine of not more than one thousand dollars, or by both. [2003
c 53 § 214; 1992 c 7 § 34; 1909 c 249 § 95; RRS § 2347.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
40.16.020
40.16.020 Injury to and misappropriation of record.
Every officer who shall mutilate, destroy, conceal, erase,
obliterate, or falsify any record or paper appertaining to the
officer's office, or who shall fraudulently appropriate to the
officer's own use or to the use of another person, or secrete
with intent to appropriate to such use, any money, evidence
of debt or other property intrusted to the officer by virtue of
the officer's office, is guilty of a class B felony and shall be
punished by imprisonment in a state correctional facility for
not more than ten years, or by a fine of not more than five
thousand dollars, or by both. [2003 c 53 § 215; 1992 c 7 § 35;
1909 c 249 § 96; RRS § 2348.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
40.16.030
40.16.030 Offering false instrument for filing or
record. Every person who shall knowingly procure or offer
any false or forged instrument to be filed, registered, or
recorded in any public office, which instrument, if genuine,
might be filed, registered or recorded in such office under any
law of this state or of the United States, is guilty of a class C
felony and shall be punished by imprisonment in a state correctional facility for not more than five years, or by a fine of
not more than five thousand dollars, or by both. [2003 c 53 §
216; 1992 c 7 § 36; 1909 c 249 § 97; RRS § 2349.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 40.20
Chapter 40.20 RCW
REPRODUCED RECORDS FOR
GOVERNMENTS AND BUSINESS
40.24.010
40.20.010
40.20.010 "Business" defined. For the purpose of this
chapter, the term "business" shall mean and include business,
industry, profession, occupation and calling of every kind.
[1949 c 223 § 3; Rem. Supp. 1949 § 1257-6.]
40.20.020
40.20.020 Reproduction by film or photograph. The
head of any business or the head of any state, county or
municipal department, commission, bureau or board may
cause any or all records required or authorized by law to be
made or kept by such official, department, commission,
bureau, board, or business to be photographed, microphotographed, reproduced on film, or photocopied for all purposes
of recording documents, plats, files or papers, or copying or
reproducing such records. Such film or reproducing material
shall be of permanent material and the device used to reproduce such records on such film or material shall be such as to
accurately reproduce and perpetuate the original records in
all details, and shall be approved for the intended purpose:
PROVIDED, That the state archivist shall approve such
material for state records use: PROVIDED, FURTHER,
That the state auditor shall approve such material for use by
local governmental subdivisions. [1981 c 32 § 5; 1973 c 95 §
1; 1949 c 223 § 1; Rem. Supp. 1949 § 1257-4.]
40.20.030
40.20.030 Use as original. Such photostatic copy, photograph, microphotograph or photographic film record, or
copy of the original records shall be deemed to be an original
record for all purposes, and shall be admissible in evidence in
all courts or administrative agencies. A facsimile, exemplification or certified copy thereof shall, for all purposes recited
herein, be deemed to be a transcript, exemplification or certified copy of the original. [1949 c 223 § 2; Rem. Supp. 1949
§ 1257-5.]
Chapter 40.24 RCW
ADDRESS CONFIDENTIALITY FOR VICTIMS
OF DOMESTIC VIOLENCE,
SEXUAL ASSAULT, AND STALKING
Chapter 40.24
Sections
40.24.010
40.24.020
40.24.030
40.24.040
40.24.050
40.24.060
40.24.070
40.24.080
40.24.090
Findings—Purpose.
Definitions.
Address confidentiality program—Application—Certification.
Certification cancellation.
Agency use of designated address.
Voting by program participant—Use of designated address by
county auditor.
Disclosure of records prohibited—Exceptions.
Assistance for program applicants.
Adoption of rules.
Sections
40.24.010
40.20.010
40.20.020
40.20.030
"Business" defined.
Reproduction by film or photograph.
Use as original.
Court records, destruction and reproduction: RCW 36.23.065 through
36.23.070.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Method for recordation of plats and documents: RCW 65.04.040.
Uniform business records as evidence act: Chapter 5.45 RCW.
Uniform photographic copies of business and public records as evidence
act: Chapter 5.46 RCW.
(2004 Ed.)
40.24.010 Findings—Purpose. The legislature finds
that persons attempting to escape from actual or threatened
domestic violence, sexual assault, or stalking frequently
establish new addresses in order to prevent their assailants or
probable assailants from finding them. The purpose of this
chapter is to enable state and local agencies to respond to
requests for public records without disclosing the location of
a victim of domestic violence, sexual assault, or stalking, to
enable interagency cooperation with the secretary of state in
providing address confidentiality for victims of domestic violence, sexual assault, or stalking, and to enable state and local
[Title 40 RCW—page 11]
40.24.020
Title 40 RCW: Public Documents, Records, and Publications
agencies to accept a program participant's use of an address
designated by the secretary of state as a substitute mailing
address. [2001 c 28 § 1; 1998 c 138 § 1; 1991 c 23 § 1.]
40.24.020
40.24.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Address" means a residential street address, school
address, or work address of an individual, as specified on the
individual's application to be a program participant under this
chapter.
(2) "Program participant" means a person certified as a
program participant under RCW 40.24.030.
(3) "Domestic violence" means an act as defined in
RCW 10.99.020 and includes a threat of such acts committed
against an individual in a domestic situation, regardless of
whether these acts or threats have been reported to law
enforcement officers. [1991 c 23 § 2.]
40.24.030
40.24.030 Address confidentiality program—Application—Certification. (1) An adult person, a parent or
guardian acting on behalf of a minor, or a guardian acting on
behalf of an incapacitated person, as defined in RCW
11.88.010, may apply to the secretary of state to have an
address designated by the secretary of state serve as the person's address or the address of the minor or incapacitated person. The secretary of state shall approve an application if it is
filed in the manner and on the form prescribed by the secretary of state and if it contains:
(a) A sworn statement by the applicant that the applicant
has good reason to believe (i) that the applicant, or the minor
or incapacitated person on whose behalf the application is
made, is a victim of domestic violence, sexual assault, or
stalking; and (ii) that the applicant fears for his or her safety
or his or her children's safety, or the safety of the minor or
incapacitated person on whose behalf the application is
made;
(b) A designation of the secretary of state as agent for
purposes of service of process and for the purpose of receipt
of mail;
(c) The mailing address where the applicant can be contacted by the secretary of state, and the phone number or
numbers where the applicant can be called by the secretary of
state;
(d) The new address or addresses that the applicant
requests not be disclosed for the reason that disclosure will
increase the risk of domestic violence, sexual assault, or
stalking;
(e) The signature of the applicant and of any individual
or representative of any office designated in writing under
RCW 40.24.080 who assisted in the preparation of the application, and the date on which the applicant signed the application.
(2) Applications shall be filed with the office of the secretary of state.
(3) Upon filing a properly completed application, the
secretary of state shall certify the applicant as a program participant. Applicants shall be certified for four years following
the date of filing unless the certification is withdrawn or
[Title 40 RCW—page 12]
invalidated before that date. The secretary of state shall by
rule establish a renewal procedure.
(4) A person who falsely attests in an application that
disclosure of the applicant's address would endanger the
applicant's safety or the safety of the applicant's children or
the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect
information upon making an application, shall be punishable
under RCW 40.16.030 or other applicable statutes. [2001 c
28 § 2; 1998 c 138 § 2; 1991 c 23 § 3.]
40.24.040
40.24.040 Certification cancellation. (1) If the program participant obtains a name change, he or she loses certification as a program participant.
(2) The secretary of state may cancel a program participant's certification if there is a change in the residential
address from the one listed on the application, unless the program participant provides the secretary of state with seven
days' prior notice of the change of address.
(3) The secretary of state may cancel certification of a
program participant if mail forwarded by the secretary to the
program participant's address is returned as nondeliverable.
(4) The secretary of state shall cancel certification of a
program participant who applies using false information.
[1991 c 23 § 4.]
40.24.050
40.24.050 Agency use of designated address. (1) A
program participant may request that state and local agencies
use the address designated by the secretary of state as his or
her address. When creating a new public record, state and
local agencies shall accept the address designated by the secretary of state as a program participant's substitute address,
unless the secretary of state has determined that:
(a) The agency has a bona fide statutory or administrative requirement for the use of the address which would otherwise be confidential under this chapter; and
(b) This address will be used only for those statutory and
administrative purposes.
(2) A program participant may use the address designated by the secretary of state as his or her work address.
(3) The office of the secretary of state shall forward all
first class mail to the appropriate program participants. [1991
c 23 § 5.]
40.24.060
40.24.060 Voting by program participant—Use of
designated address by county auditor. (1) A program participant who is otherwise qualified to vote may apply as a service voter under *RCW 29.01.155. The program participant
shall automatically receive absentee ballots for all elections
in the jurisdictions for which that individual resides in the
same manner as absentee voters who qualify under **RCW
29.36.013, except that the program participant shall not be
required to reapply following January 1st of each odd-numbered year. The county auditor shall transmit the absentee
ballot to the program participant at the address designated by
the participant in his or her application as a service voter.
Neither the name nor the address of a program participant
shall be included in any list of registered voters available to
the public.
(2004 Ed.)
Address Confidentiality for Victims of Domestic Violence, Sexual Assault, and Stalking
40.24.090
(2) The county auditor may not make the participant's
address contained in voter registration records available for
public inspection or copying except under the following circumstances:
(a) If requested by a law enforcement agency, to the law
enforcement agency; and
(b) If directed by a court order, to a person identified in
the order. [1991 c 23 § 6.]
Reviser's note: *(1) RCW 29.01.155 was recodified as RCW
29A.04.163 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
**(2) RCW 29.36.013 was recodified as RCW 29.36.240 pursuant to
2001 c 241 § 25. RCW 29.36.240 was subsequently recodified as RCW
29A.40.040 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
40.24.070 Disclosure of records prohibited—Exceptions. The secretary of state may not make any records in a
program participant's file available for inspection or copying,
other than the address designated by the secretary of state,
except under the following circumstances:
(1) If requested by a law enforcement agency, to the law
enforcement agency;
(2) If directed by a court order, to a person identified in
the order; or
(3) To verify the participation of a specific program participant, in which case the secretary may only confirm information supplied by the requester. [1999 c 53 § 1; 1998 c 138
§ 3; 1991 c 23 § 7.]
40.24.070
Effective date—1999 c 53: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 20, 1999]." [1999 c 53 § 2.]
40.24.080 Assistance for program applicants. The
secretary of state shall designate state and local agencies and
nonprofit agencies that provide counseling and shelter services to victims of domestic violence, sexual assault, or stalking to assist persons applying to be program participants. Any
assistance and counseling rendered by the office of the secretary of state or its designees to applicants shall in no way be
construed as legal advice. [2001 c 28 § 3; 1998 c 138 § 4;
1991 c 23 § 8.]
40.24.080
40.24.090 Adoption of rules. The secretary of state
may adopt rules to facilitate the administration of this chapter
by state and local agencies. [1991 c 23 § 9.]
40.24.090
(2004 Ed.)
[Title 40 RCW—page 13]
Title 41
PUBLIC EMPLOYMENT, CIVIL SERVICE, AND PENSIONS
Title 41
Chapters
41.04
41.05
41.06
41.07
41.08
41.12
41.14
41.16
41.18
41.20
41.22
41.24
41.26
41.28
41.31
41.31A
41.32
41.33
41.34
41.35
41.37
41.40
41.41
41.44
41.45
41.47
41.48
41.50
41.54
41.56
41.58
41.59
41.60
41.64
41.68
41.72
41.76
41.80
General provisions.
State health care authority.
State civil service law.
Central personnel-payroll system.
Civil service for city firemen.
Civil service for city police.
Civil service for sheriff's office.
Firemen's relief and pensions—1947 act.
Firemen's relief and pensions—1955 act.
Police relief and pensions in first class cities.
Law enforcement chaplains.
Volunteer fire fighters' and reserve officers'
relief and pensions.
Law enforcement officers' and fire fighters'
retirement system.
Retirement of personnel in certain first class
cities.
Extraordinary investment gains—Plan 1.
Extraordinary investment gains—Plan 3.
Teachers' retirement.
Teachers' retirement—Federal social security.
Plan 3 retirement system contributions.
Washington school employees' retirement system.
Washington public safety employees' retirement system.
Washington public employees' retirement system.
State employees' retirement—Federal social
security.
Statewide city employees' retirement.
Actuarial funding of state retirement systems.
Acceptance of old age and survivors' insurance—1941 act.
Federal social security for public employees.
Department of retirement systems.
Portability of public retirement benefits.
Public employees' collective bargaining.
Public employment labor relations.
Educational employment relations act.
State employees' suggestion awards and incentive pay.
Personnel appeals board.
Reparations to state employees terminated
during World War II.
Law enforcement medal of honor.
Public four-year institutions of higher education—Faculty labor relations.
State collective bargaining.
AIDS education and training: Chapter 70.24 RCW.
Application forms for public employment—Mention of race or religion prohibited—Penalty: RCW 43.01.100.
Assumption of obligations of private pension plan when
private utility acquired by public utility district: RCW 54.04.130 through
54.04.150.
urban transportation system acquired: RCW 54.04.160.
Cities and towns
group insurance for employees: RCW 35.23.460.
(2004 Ed.)
residence requirements for officers and employees: RCW 35.21.200.
utility employees in cities of first class, collective bargaining for wages,
etc.: RCW 35.22.350.
County employees, payroll deductions for contributions, payments and dues,
authorized: RCW 36.17.045.
County officers, salaries and expenses: Chapter 36.17 RCW.
Designation of agency to carry out federal social security disability program: RCW 43.17.120, 43.17.130.
Emergency management employees, compensation for injuries, etc., procedure: RCW 38.52.190 through 38.52.380.
Exemption from payment of college fees for children of law enforcement
officer or fire fighter totally disabled or losing life: RCW 28B.15.380,
28B.15.385, and 28B.15.520.
Fire protection district personnel—Group life insurance: RCW 52.12.031.
Free transportation for public officers prohibited: State Constitution Art. 12
§ 20.
Institutions' employees, hours and wages: RCW 72.01.042, 72.01.043.
Insurance for certain school employees: RCW 28A.400.350, 28B.10.660.
Labor regulations: Title 49 RCW.
Leaves for duty with emergency management agency: RCW 38.52.140.
Military leaves of absence for public employees: RCW 38.40.060.
Militia officers and enlisted persons
claims, pay, expenses: Chapter 38.24 RCW.
compensation for death or disability: RCW 38.40.030.
Public officers and employees in general: Title 42 RCW.
Public works, employees: Title 39 RCW.
State officers and employees
defense by attorney general: RCW 10.01.150.
salaries and expenses: Chapter 43.03 RCW.
vacations: RCW 43.01.040 through 43.01.044.
State patrol retirement: Chapter 43.43 RCW.
Subversive activities, public officers and employees: Chapter 9.81 RCW.
Tax deferred annuities for education employees: RCW 28A.400.250,
28B.10.480.
Unemployment compensation: Title 50 RCW.
Workers' compensation: Title 51 RCW.
Chapter 41.04
Chapter 41.04 RCW
GENERAL PROVISIONS
Sections
41.04.005
41.04.007
41.04.010
41.04.015
41.04.017
41.04.020
41.04.030
41.04.033
41.04.0331
41.04.0332
41.04.035
41.04.036
"Veteran" defined for certain purposes.
"Veteran" defined for certain purposes.
Veterans' scoring criteria status in examinations.
Public employment—Evidence of educational competence.
Death benefit—Course of employment.
Public employees—Payroll deductions authorized.
Payroll deductions—Duty of auditing officer.
Operation of the Washington state combined fund drive—
Committee—Rules.
State combined fund drive—Powers and duties.
State combined fund drive committee—Contracts and partnerships.
Salary and wage deductions for contributions to charitable
agencies—"United Fund" defined—Includes Washington
state combined fund drive.
Salary and wage deductions for contributions to charitable
agencies—Deduction and payment to United Fund or Washington state combined fund drive—Rules, procedures.
[Title 41 RCW—page 1]
Chapter 41.04
41.04.039
41.04.110
41.04.120
41.04.130
41.04.140
41.04.150
41.04.160
41.04.170
41.04.180
41.04.190
41.04.205
41.04.208
41.04.212
41.04.220
41.04.230
41.04.232
41.04.233
41.04.235
41.04.240
41.04.245
41.04.270
41.04.273
41.04.275
41.04.276
41.04.278
41.04.281
41.04.300
41.04.340
41.04.350
41.04.360
41.04.362
41.04.364
41.04.370
41.04.375
41.04.380
41.04.382
41.04.385
41.04.390
41.04.393
41.04.395
41.04.400
41.04.405
41.04.410
41.04.415
Title 41 RCW: Public Employment, Civil Service, and Pensions
Washington state combined fund drive account—Created.
Persons employed by more than one agency—Joint operation—May provide membership in single system.
Civil service and retirement rights preserved when elective
office assumed.
Extension of provisions of retirement and pension systems by
cities of the first class to nonincluded personnel.
Interchange of personnel between federal and state agencies—
"State agency" defined.
Interchange of personnel between federal and state agencies—
Agreements—Provisions.
Interchange of personnel between federal and state agencies—
Employment status of state employees participating—
Retirement—Civil service.
Interchange of personnel between federal and state agencies—
Employment status of federal employees participating—
Retirement—Civil service.
Hospitalization and medical aid for county, municipal and
other political subdivision employees—Governmental contributions authorized.
Hospitalization and medical aid for county, municipal and
other political subdivision employees—Cost not additional
compensation—Disbursement.
Participation of county, municipal, and other political subdivision employees in state employees' insurance or self-insurance and health care program—Transfer procedure.
Local government retirees—Health care—Definitions—Participation—Exception.
Local government retirees—Health care—Administration.
Department of general administration to procure health benefit
programs—Other governmental entities may use services.
Payroll deductions authorized.
Transition to two payrolls per month—Guidelines on deductions and deferrals.
Payroll deductions for capitation payments to health maintenance organizations.
Retirement allowance deductions for health care benefit plans.
Direct deposit of salaries into financial institutions authorized.
Payroll deductions to a bank, savings bank, credit union, or
savings and loan association.
Public retirement systems—Members or beneficiaries
estopped from becoming a member or accruing rights in any
other public retirement system.
Prohibition of retirement benefits passing to slayer beneficiary—Determination by department of retirement systems—Duties upon notice—Payment upon verdicts—
Admissibility of evidence—Immunity.
Pension funding account created.
Select committee on pension policy—Creation—Membership—Terms of office—Staff support.
Select committee on pension policy—Subcommittees.
Select committee on pension policy—Powers and duties.
Travel expenses of state officials and employees.
State employee attendance incentive program—Sick leave
records to be kept—Remuneration or benefits for unused
sick leave.
Mandatory retirement prior to seventy years of age prohibited—Exceptions—Waiver of mandatory retirement.
State-employed chaplains—Housing allowance.
State employee wellness program.
State employee wellness program—Confidentiality of individually identifiable information.
Child care—Legislative intent.
Child care—Rental of suitable space.
Child care—Contracts—Provision of suitable space at reduced
cost authorized.
Child care organizations—Qualifications for services.
Child care—Legislative findings—State policy—Responsibilities of director of personnel.
Flexible-time work schedules.
Public safety officers—Retirement benefits—Death in the line
of duty.
Disability accommodation revolving fund—Disbursements.
Consolidation of local governmental unit and first class city
retirement system—Intent.
Consolidation of local governmental unit and first class city
retirement system—Definitions.
Consolidation of local governmental unit and first class city
retirement system—Membership in public employees' retirement system.
Consolidation of local governmental unit and first class city
retirement system—Membership in first class city retirement
system.
[Title 41 RCW—page 2]
41.04.420
41.04.425
41.04.430
41.04.440
41.04.445
41.04.450
41.04.455
41.04.460
41.04.500
41.04.505
41.04.510
41.04.515
41.04.520
41.04.525
41.04.530
41.04.535
41.04.540
41.04.545
41.04.550
41.04.580
41.04.585
41.04.590
41.04.595
41.04.600
41.04.605
41.04.610
41.04.615
41.04.620
41.04.625
41.04.630
41.04.635
41.04.640
41.04.645
41.04.650
41.04.655
41.04.660
41.04.665
41.04.670
41.04.700
41.04.710
41.04.720
41.04.730
41.04.750
41.04.760
41.04.770
41.04.780
41.04.800
Consolidation of local governmental unit and first class city
retirement system—Newly created legal entity.
Consolidation of local governmental unit and first class city
retirement system—Limitations.
Consolidation of local governmental unit and first class city
retirement system—Compliance with laws and rules—
Application of sections.
Members' retirement contributions—Pick up by employer—
Purpose—Benefits not contractual right.
Members' retirement contributions—Pick up by employer—
Implementation.
Members' retirement contributions—Pick up by employer—
Optional implementation and withdrawal.
Members' retirement contributions—Pick up by employer—
Conditions.
Financial planning for retirement—Department of personnel
to provide information to retirement system members.
Disability leave supplement for law enforcement officers and
fire fighters.
Disability leave supplement for law enforcement officers and
fire fighters—Amount.
Disability leave supplement for law enforcement officers and
fire fighters—Payment.
Disability leave supplement for law enforcement officers and
fire fighters—Time limitation.
Disability leave supplement for law enforcement officers and
fire fighters—Employee to perform light duty tasks.
Disability leave supplement for law enforcement officers and
fire fighters—Continuation of employee insurance benefits.
Disability leave supplement for law enforcement officers and
fire fighters—Exhaustion of accrued sick leave.
Disability leave supplement for law enforcement officers and
fire fighters—Greater benefits not precluded.
Disability leave supplement for law enforcement officers and
fire fighters—Supplement not required in smaller cities,
towns, and counties.
Disability leave supplement for law enforcement officers and
fire fighters—Vested right not created.
Disability leave supplement for law enforcement officers and
fire fighters—Not subject to interest arbitration.
Dismissal of municipal employees during World War II—
Redress authorized.
Dismissal of municipal employees during World War II—
Redress not mandatory.
Dismissal of municipal employees during World War II—
Redress—Limitations.
Dismissal of municipal employees during World War II—Definitions.
Dependent care—Salary reduction plan—Purpose.
Dependent care—Salary reduction plan—Definitions.
Dependent care—Salary reduction plan—Powers and duties
of department.
Dependent care—Salary reduction plan document—Funds,
fees, and appropriations—Dependent care administrative
account created—Presumptions.
Dependent care—Salary reduction plan—Participation by eligible persons—Enrollment, termination, or modification.
Dependent care—Salary reduction account.
Dependent care—Salary reduction plan—Records and reports.
Dependent care—Salary reduction plan—Termination or
amendment of plan.
Dependent care—Salary reduction plan—Adoption of rules.
Dependent care—Salary reduction plan—Construction of statutes.
Leave sharing program—Intent.
Leave sharing program—Definitions.
Leave sharing program—Created.
Leave sharing program—When employee may receive
leave—When employee may transfer accrued leave—Transfer of leave between employees of different agencies.
Leave sharing program—Adoption of rules.
Employee assistance program—Intent.
Employee assistance program—Created.
Employee assistance program—Director of human
resources—Duties.
Employee assistance program—Information confidential—
Exceptions.
Supported employment—Definitions.
Supported employment—State agency participation.
Supported employment—Implementation.
Supported employment—Impact on other employment positions.
Chapter not applicable to officers and employees of state convention and trade center.
(2004 Ed.)
General Provisions
41.04.810
Title not applicable to individual providers.
Payroll deductions authorized for school district employees: RCW
28A.405.400 and 28A.405.410.
41.04.005 "Veteran" defined for certain purposes.
(1) As used in RCW 41.04.005, 41.16.220, 41.20.050,
41.40.170, and 28B.15.380 "veteran" includes every person,
who at the time he or she seeks the benefits of RCW
41.04.005, 41.16.220, 41.20.050, 41.40.170, or 28B.15.380
has received an honorable discharge or received a discharge
for physical reasons with an honorable record and who meets
at least one of the following criteria:
(a) The person has served between World War I and
World War II or during any period of war, as defined in subsection (2) of this section, as either:
(i) A member in any branch of the armed forces of the
United States;
(ii) A member of the women's air forces service pilots;
(iii) A U.S. documented merchant mariner with service
aboard an oceangoing vessel operated by the war shipping
administration, the office of defense transportation, or their
agents, from December 7, 1941, through December 31, 1946;
or
(iv) A civil service crewmember with service aboard a
U.S. army transport service or U.S. naval transportation service vessel in oceangoing service from December 7, 1941,
through December 31, 1946; or
(b) The person has received the armed forces expeditionary medal, or marine corps and navy expeditionary medal, for
opposed action on foreign soil, for service:
(i) In any branch of the armed forces of the United
States; or
(ii) As a member of the women's air forces service pilots.
(2) A "period of war" includes:
(a) World War I;
(b) World War II;
(c) The Korean conflict;
(d) The Vietnam era[, which] means:
(i) The period beginning on February 28, 1961, and ending on May 7, 1975, in the case of a veteran who served in the
Republic of Vietnam during that period;
(ii) The period beginning August 5, 1964, and ending on
May 7, 1975;
(e) The Persian Gulf War, which was the period beginning August 2, 1990, and ending on the date prescribed by
presidential proclamation or law;
(f) The period beginning on the date of any future declaration of war by the congress and ending on the date prescribed by presidential proclamation or concurrent resolution
of the congress; and
(g) The following armed conflicts, if the participant was
awarded the respective campaign badge or medal: The crisis
in Lebanon; the invasion of Grenada; Panama, Operation Just
Cause; Somalia, Operation Restore Hope; Haiti, Operation
Uphold Democracy; and Bosnia, Operation Joint Endeavor.
[2002 c 292 § 1; 2002 c 27 § 1; 1999 c 65 § 1; 1996 c 300 §
1; 1991 c 240 § 1; 1984 c 36 § 1; 1983 c 230 § 1; 1982 1st
ex.s. c 37 § 20; 1969 ex.s. c 269 § 1.]
41.04.005
Reviser's note: This section was amended by 2002 c 27 § 1 and by
2002 c 292 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
(2004 Ed.)
41.04.010
Effective date—1983 c 230: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1983." [1983 c 230 § 3.]
Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012.
41.04.007
41.04.007 "Veteran" defined for certain purposes.
"Veteran" includes every person, who at the time he or she
seeks the benefits of RCW 72.36.030, 41.04.010, 73.04.090,
73.04.110, 73.08.010, 73.08.060, 73.08.070, or 73.08.080
has received an honorable discharge or received a discharge
for medical reasons with an honorable record, where applicable, and who has served in at least one of the following capacities:
(1) As a member in any branch of the armed forces of the
United States, including the national guard and armed forces
reserves, and has fulfilled his or her initial military service
obligation;
(2) As a member of the women's air forces service pilots;
(3) As a member of the armed forces reserves, national
guard, or coast guard, and has been called into federal service
by a presidential select reserve call up for at least one hundred eighty cumulative days;
(4) As a civil service crewmember with service aboard a
U.S. army transport service or U.S. naval transportation service vessel in oceangoing service from December 7, 1941,
through December 31, 1946; or
(5) As a member of the Philippine armed forces/scouts
during the period of armed conflict from December 7, 1941,
through August 15, 1945. [2002 c 292 § 2.]
41.04.010
41.04.010 Veterans' scoring criteria status in examinations. In all competitive examinations, unless otherwise
provided in this section, to determine the qualifications of
applicants for public offices, positions or employment, the
state, and all of its political subdivisions and all municipal
corporations, shall give a scoring criteria status to all veterans
as defined in RCW 41.04.007, by adding to the passing mark,
grade or rating only, based upon a possible rating of one hundred points as perfect a percentage in accordance with the following:
(1) Ten percent to a veteran who served during a period
of war or in an armed conflict as defined in RCW 41.04.005
and does not receive military retirement. The percentage
shall be added to the passing mark, grade, or rating of competitive examinations until the veteran's first appointment.
The percentage shall not be utilized in promotional examinations;
(2) Five percent to a veteran who did not serve during a
period of war or in an armed conflict as defined in RCW
41.04.005 or is receiving military retirement. The percentage
shall be added to the passing mark, grade, or rating of competitive examinations until the veteran's first appointment.
The percentage shall not be utilized in promotional examinations;
(3) Five percent to a veteran who was called to active
military service for one or more years from employment with
the state or any of its political subdivisions or municipal corporations. The percentage shall be added to the first promotional examination only;
[Title 41 RCW—page 3]
41.04.015
Title 41 RCW: Public Employment, Civil Service, and Pensions
(4) All veterans' scoring criteria may be claimed upon
release from active military service. [2003 c 45 § 1; 2002 c
292 § 4; 2000 c 140 § 1; 1974 ex.s. c 170 § 1; 1969 ex.s. c 269
§ 2; 1953 ex.s. c 9 § 1; 1949 c 134 § 1; 1947 c 119 § 1; 1945
c 189 § 1; Rem. Supp. 1949 § 9963-5.]
Veterans and veterans' affairs: Title 73 RCW.
41.04.015
41.04.015 Public employment—Evidence of educational competence. A Washington certificate of educational
competence as awarded by the Washington state superintendent of public instruction or an official report of equivalent
acceptable scores of the general educational development test
shall be accepted in lieu of a high school diploma by the state
and any local political subdivision when considering applicants for employment or promotion. [1971 c 43 § 1.]
41.04.030
41.04.030 Payroll deductions—Duty of auditing
officer. Upon being authorized by any employee or group of
employees so to do under the provisions of RCW 41.04.020,
the auditor or other person authorized to draw warrants
against the funds involved is authorized, and if such medical,
surgical, and hospital care or either of them, or life insurance
or accident and health disability insurance is to be provided
on a group basis for groups each of not less than twenty-five
individuals such auditor or other person is hereby required, to
draw and issue a proper warrant or warrants directly to and in
favor of the person, firm, or corporation, or organization
named in the authorization for the total amount authorized to
be deducted from the payroll of any such office, department,
division, or institution. [1953 c 260 § 1; 1947 c 70 § 2; Rem.
Supp. 1947 § 9963-11.]
41.04.033
41.04.017
41.04.017 Death benefit—Course of employment. A
one hundred fifty thousand dollar death benefit shall be paid
as a sundry claim to the estate of an employee of any state
agency, the common school system of the state, or institution
of higher education who dies as a result of injuries sustained
in the course of employment and is not otherwise provided a
death benefit through coverage under their enrolled retirement system under chapter 402, Laws of 2003. The determination of eligibility for the benefit shall be made consistent
with Title 51 RCW by the department of labor and industries.
The department of labor and industries shall notify the director of the department of general administration by order
under RCW 51.52.050. [2003 c 402 § 4.]
41.04.020
41.04.020 Public employees—Payroll deductions
authorized. Any employee or group of employees of the
state of Washington or any of its political subdivisions, or of
any institution supported, in whole or in part, by the state or
any of its political subdivisions, may authorize the deduction
from his or her salaries or wages and payment to another, the
amount or amounts of his or her subscription payments or
contributions to any person, firm, or corporation administering, furnishing, or providing (1) medical, surgical, and hospital care or either of them, or (2) life insurance or accident and
health disability insurance, or (3) any individual retirement
account selected by the employee or the employee's spouse
established under applicable state or federal law: PROVIDED, That such authorization by said employee or group
of employees, shall be first approved by the head of the
department, division office or institution of the state or any
political subdivision thereof, employing such person or group
of persons, and filed with the department of personnel; or in
the case of political subdivisions of the state of Washington,
with the auditor of such political subdivision or the person
authorized by law to draw warrants against the funds of said
political subdivision. [1998 c 116 § 1; 1982 c 107 § 1; 1973
c 106 § 15; 1947 c 70 § 1; Rem. Supp. 1947 § 9963-10.]
Group insurance
disability: Chapter 48.21 RCW.
for employees of
cities and towns: RCW 35.23.460.
counties: RCW 36.32.400.
life: Chapter 48.24 RCW.
[Title 41 RCW—page 4]
41.04.033 Operation of the Washington state combined fund drive—Committee—Rules. The director of the
department of personnel is authorized to adopt rules, after
consultation with state agencies, institutions of higher education, and employee organizations, to create a Washington
state combined fund drive committee, and for the operation
of the Washington state combined fund drive. [2003 c 205 §
1; 2002 c 61 § 4.]
41.04.0331
41.04.0331 State combined fund drive—Powers and
duties. The Washington state combined fund drive's powers
and duties include but are not limited to the following:
(1) Raising money for charity, and reducing the disruption to government caused by multiple fund drives;
(2) Establishing criteria by which a public or private
nonprofit organization may participate in the combined fund
drive;
(3) Engaging in or encouraging fund-raising activities
including the solicitation and acceptance of charitable gifts,
grants, and donations from state employees, retired public
employees, corporations, foundations, and other individuals
for the benefit of the beneficiaries of the Washington state
combined fund drive;
(4) Requesting the appointment of employees from state
agencies and institutions of higher education to lead and
manage workplace charitable giving campaigns within state
government;
(5) Engaging in educational activities, including classes,
exhibits, seminars, workshops, and conferences, related to
the basic purpose of the combined fund drive;
(6) Engaging in appropriate fund-raising and advertising
activities for the support of the administrative duties of the
Washington state combined fund drive; and
(7) Charging an administrative fee to the beneficiaries of
the Washington state combined fund drive to fund the administrative duties of the Washington state combined fund drive.
Activities of the Washington state combined fund drive
shall not result in direct commercial solicitation of state
employees, or a benefit or advantage that would violate one
or more provisions of chapter 42.52 RCW. This section does
not authorize individual state agencies to enter into contracts
or partnerships unless otherwise authorized by law. [2003 c
205 § 2.]
(2004 Ed.)
General Provisions
41.04.0332
41.04.0332 State combined fund drive committee—
Contracts and partnerships. The Washington state combined fund drive committee may enter into contracts and
partnerships with private institutions, persons, firms, or corporations for the benefit of the beneficiaries of the Washington state combined fund drive. Activities of the Washington
state combined fund drive shall not result in direct commercial solicitation of state employees, or a benefit or advantage
that would violate one or more provisions of chapter 42.52
RCW. This section does not authorize individual state agencies to enter into contracts or partnerships unless otherwise
authorized by law. [2003 c 205 § 3.]
41.04.035
41.04.035 Salary and wage deductions for contributions to charitable agencies—"United Fund" defined—
Includes Washington state combined fund drive. For the
purpose of RCW 41.04.035 and 41.04.036 "United Fund"
means the organization conducting the single, annual, consolidated effort to secure funds for distribution to agencies
engaged in charitable and public health, welfare and service
purposes, which is commonly known as the United Fund or
the Washington state combined fund drive. [2002 c 61 § 1;
1957 c 208 § 1.]
41.04.036
41.04.036 Salary and wage deductions for contributions to charitable agencies—Deduction and payment to
United Fund or Washington state combined fund drive—
Rules, procedures. Any official of the state or of any of its
political subdivisions authorized to disburse funds in payment of salaries or wages of public officers or employees is
authorized, upon written request of the officer or employee,
to deduct from the salary or wages of the officer or employee
the amount of money designated by the officer or employee
for payment to the United Fund or the Washington state combined fund drive.
The moneys so deducted shall be paid over promptly to
the United Fund or the Washington state combined fund
drive designated by the officer or employee. Subject to any
rules adopted by the office of financial management, the official authorized to disburse the funds in payment of salaries or
wages may prescribe any procedures necessary to carry out
RCW 41.04.035 and 41.04.036. [2002 c 61 § 2; 1983 1st
ex.s. c 28 § 2; 1979 c 151 § 53; 1973 c 106 § 16; 1957 c 208
§ 2.]
Application—1983 1st ex.s. c 28: See note following RCW 42.16.010.
41.04.039
41.04.039 Washington state combined fund drive
account—Created. The Washington state combined fund
drive account is created in the custody of the state treasurer.
All receipts from the combined fund drive must be deposited
into the account. Expenditures from the account may be used
only for the beneficiaries of the Washington state combined
fund drive. Only the director of the department of personnel
or the director's designee may authorize expenditures from
the account. The account is not subject to allotment procedures under chapter 43.88 RCW, and an appropriation is not
required for expenditures. [2002 c 61 § 3.]
41.04.110
41.04.110 Persons employed by more than one
agency—Joint operation—May provide membership in
(2004 Ed.)
41.04.160
single system. When there exists a joint operation of a public
service, the authorities may make provision for membership
of all new employees in one designated retirement system by
agreement with the proper authorities. [1951 c 98 § 5.]
41.04.120
41.04.120 Civil service and retirement rights preserved when elective office assumed. Any civil service
employee of the state of Washington or of any political subdivision thereof who is on leave of absence by reason of having been elected or appointed to an elective office shall be
preserved in his civil service status, his seniority, rank and
retirement rights so long as he regularly continues to make
the usual contribution incident to the retention of such beneficial rights as if he were not on leave of absence: PROVIDED, That such contributions being made shall be based
on the rank at the time of taking such leave of absence. [1957
c 164 § 1.]
41.04.130
41.04.130 Extension of provisions of retirement and
pension systems by cities of the first class to nonincluded
personnel. Any city of the first class may, by ordinance,
extend, upon conditions deemed proper, the provisions of
retirement and pension systems for superannuated and disabled officers and employees to officers and employees with
five years of continuous service and acting in capacities in
which they would otherwise not be entitled to participation in
such systems: PROVIDED, That the following shall be specifically exempted from the provisions of this section.
(1) Members of the police departments who are entitled
to the benefits of the police relief and pension fund as established by state law.
(2) Members of the fire department who are entitled to
the benefits of the firemen's relief and pension fund as established by state law. [1945 c 52 § 1; 1941 c 192 § 1; Rem.
Supp. 1945 § 9592-129. Formerly codified as RCW
41.28.250.]
41.04.140
41.04.140 Interchange of personnel between federal
and state agencies—"State agency" defined. "State
agency" means a board, department, commission or institution of the state or its political subdivisions. [1959 c 102 § 1.]
41.04.150
41.04.150 Interchange of personnel between federal
and state agencies—Agreements—Provisions. A state
agency may enter into agreements with departments or other
subdivisions of the federal government for the interchange of
personnel on projects which are of mutual benefit to the state
and federal government.
An interchange agreement shall specify the fiscal
arrangements to be made, including compensations, rights,
benefits and obligations of the employees concerned, travel
and transportation of employees, their immediate families
and household goods, and the duties and supervision of
employees while on assignment. [1959 c 102 § 2.]
41.04.160
41.04.160 Interchange of personnel between federal
and state agencies—Employment status of state employees participating—Retirement—Civil service. State
agency employees participating in an interchange may be
carried on detail or in a leave of absence status.
[Title 41 RCW—page 5]
41.04.170
Title 41 RCW: Public Employment, Civil Service, and Pensions
(1) Wherever practicable, employees should be carried
on detail. While on detail under an interchange agreement,
employees shall remain employees of the state agency for all
fiscal purposes, but shall receive no reimbursement for travel
or other expenses except as provided in RCW 41.04.150.
(2) State agency employees who receive temporary
appointments with federal agencies shall be carried by the
state agency in a leave of absence status. Participation in an
interchange shall be considered as service under any retirement system of which the employees are members. Arrangements for payment of employees' contributions to a retirement system may be by the interchange agreement or otherwise. Employees participating in an interchange shall be
entitled to credit the full period toward promotion or salary
increase as provided by any applicable civil service laws or
regulations. [1959 c 102 § 3.]
41.04.170
41.04.170 Interchange of personnel between federal
and state agencies—Employment status of federal
employees participating—Retirement—Civil service.
Federal employees participating in an interchange may
receive appointment by the state agency, or may be considered to be on detail with the state agency.
(1) Appointments of federal employees shall be made
without regard to civil service laws or regulations. Compensation shall be in accordance with the usual rates paid by the
state agency for similar positions.
An appropriate percentage of compensation shall be
deducted and transmitted to the federal agency for retirement
and insurance where the interchange agreement so provides.
(2) Federal employees on detail with a state agency
remain employees of and shall continue to receive their compensation from the federal agency, subject to the terms of the
interchange agreement. [1959 c 102 § 4.]
41.04.180
41.04.180 Hospitalization and medical aid for
county, municipal and other political subdivision employees—Governmental contributions authorized. Any
county, municipality, or other political subdivision of the
state acting through its principal supervising official or governing body may, whenever funds shall be available for that
purpose provide for all or a part of hospitalization and medical aid for its employees and their dependents through contracts with regularly constituted insurance carriers or with
health care service contractors as defined in chapter 48.44
RCW or self-insurers as provided for in chapter 48.62 RCW,
for group hospitalization and medical aid policies or plans:
PROVIDED, That any county, municipality, or other political subdivision of the state acting through its principal supervising official or governing body shall provide the employees
thereof a choice of policies or plans through contracts with
not less than two regularly constituted insurance carriers or
health care service contractors or other health care plans,
including but not limited to, trusts of self-insurance as provided for in chapter 48.62 RCW: AND PROVIDED FURTHER, That any county may provide such hospitalization
and medical aid to county elected officials and their dependents on the same basis as such hospitalization and medical
aid is provided to other county employees and their dependents: PROVIDED FURTHER, That provision for school
[Title 41 RCW—page 6]
district personnel shall not be made under this section but
shall be as provided for in RCW 28A.400.350. [1991 sp.s. c
30 § 18; 1974 ex.s. c 82 § 1; 1973 1st ex.s. c 147 § 6; 1970
ex.s. c 39 § 10; 1969 ex.s. c 237 § 1; 1967 c 135 § 1; 1965 c
57 § 1; 1963 c 75 § 1.]
Effective date, implementation, application—Severability—1991
sp.s. c 30: See RCW 48.62.900 and 48.62.901.
Effective date—Effect of veto—Savings—Severability—1973 1st
ex.s. c 147: See notes following RCW 41.05.050.
Severability—1970 ex.s. c 39: See note following RCW 41.05.050.
Effective date—1969 ex.s. c 237: "The effective date of this 1969
amendatory act shall be July 1, 1969: PROVIDED, That health benefit contracts awarded under the provisions of RCW 41.04.180 which expire after
July 1, 1969 may be extended up to one year with the approval of the state
employees' insurance and health care advisory committee as established
under the provisions of section 8 of this act." [1969 ex.s. c 237 § 10.]
Retirement allowance deductions for health care benefit plans: RCW
41.04.235.
State health care authority: Chapter 41.05 RCW.
41.04.190
41.04.190 Hospitalization and medical aid for
county, municipal and other political subdivision employees—Cost not additional compensation—Disbursement.
The cost of a policy or plan to a public agency or body is not
additional compensation to the employees or elected officials
covered thereby. The elected officials to whom this section
applies include but are not limited to commissioners elected
under chapters 28A.315, 52.14, 53.12, 54.12, 57.12, 70.44,
and 87.03 RCW, as well as any county elected officials who
are provided insurance coverage under RCW 41.04.180. Any
officer authorized to disburse such funds may pay in whole or
in part to an insurance carrier or health care service contractor
the amount of the premiums due under the contract. [1996 c
230 § 1610; 1992 c 146 § 13; 1983 1st ex.s. c 37 § 1; 1965 c
57 § 2; 1963 c 75 § 2.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Action disqualifying legislators proscribed—Severability—1965 c
57: "No board of county commissioners shall take any action under this
1965 amendatory act which shall disqualify members of the present legislature, under Article II, section 13, of the Constitution, from being candidates
for or being elected or appointed to county elected offices.
If any provision of the action of a board of county commissioners is
held invalid under the preceding paragraph of this section, the remainder of
the action or the application of the provision to other persons or circumstances shall not be affected." [1965 c 57 § 3.]
41.04.205
41.04.205 Participation of county, municipal, and
other political subdivision employees in state employees'
insurance or self-insurance and health care program—
Transfer procedure. (1) Notwithstanding the provisions of
RCW 41.04.180, the employees, with their dependents, of
any county, municipality, or other political subdivision of
this state shall be eligible to participate in any insurance or
self-insurance program for employees administered under
chapter 41.05 RCW if the legislative authority of any such
county, municipality, or other political subdivisions of this
state determines, subject to collective bargaining under applicable statutes, a transfer to an insurance or self-insurance program administered under chapter 41.05 RCW should be
made. In the event of a special district employee transfer pursuant to this section, members of the governing authority
shall be eligible to be included in such transfer if such mem(2004 Ed.)
General Provisions
bers are authorized by law as of June 25, 1976 to participate
in the insurance program being transferred from and subject
to payment by such members of all costs of insurance for
members.
(2) When the legislative authority of a county, municipality, or other political subdivision determines to so transfer,
the state health care authority shall:
(a) Establish the conditions for participation; and
(b) Have the sole right to reject the application.
Approval of the application by the state health care
authority shall effect a transfer of the employees involved to
the insurance, self-insurance, or health care program applied
for.
(3) Any application of this section to members of the law
enforcement officers' and fire fighters' retirement system
under chapter 41.26 RCW is subject to chapter 41.56 RCW.
(4) School districts may voluntarily transfer, except that
all eligible employees in a bargaining unit of a school district
may transfer only as a unit and all nonrepresented employees
in a district may transfer only as a unit. [1995 1st sp.s. c 6 §
8; 1993 c 386 § 3; 1992 c 199 § 1; 1990 c 222 § 1; 1988 c 107
§ 17; 1975-'76 2nd ex.s. c 106 § 1.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Effective date—1993 c 386 §§ 3, 7, and 11: "Sections 3, 7, and 11 of
this act shall take effect October 1, 1993." [1993 c 386 § 17.]
Intent—1993 c 386: See note following RCW 28A.400.391.
Implementation—Effective dates—1988 c 107: See RCW 41.05.901.
41.04.208 Local government retirees—Health care—
Definitions—Participation—Exception. (1) Unless the
context clearly requires otherwise, the definitions in this subsection apply throughout this section.
(a) "Disabled employee" means a person eligible to
receive a disability retirement allowance from the Washington law enforcement officers' and fire fighters' retirement system plan 2 and the public employees' retirement system.
(b) "Health plan" means a contract, policy, fund, trust, or
other program established jointly or individually by a county,
municipality, or other political subdivision of the state that
provides for all or a part of hospitalization or medical aid for
its employees and their dependents under RCW 41.04.180.
(c) "Retired employee" means a public employee meeting the retirement eligibility, years of service requirements,
and other criteria of the Washington law enforcement officers' and fire fighters' retirement system plan 2 and the public
employees' retirement system.
(2) A county, municipality, or other political subdivision
that provides a health plan for its employees shall permit
retired and disabled employees and their dependents to continue participation in a plan subject to the exceptions, limitations, and conditions set forth in this section. However, this
section does not apply to a county, municipality, or other
political subdivision participating in an insurance program
administered under chapter 41.05 RCW if retired and disabled employees and their dependents of the participating
county, municipality, or other political subdivision are covered under an insurance program administered under chapter
41.05 RCW. Nothing in this subsection or chapter 319, Laws
of 2002 precludes the local government employer from offering retired or disabled employees a health plan with a benefit
41.04.208
(2004 Ed.)
41.04.208
structure, copayment, deductible, coinsurance, lifetime benefit maximum, and other plan features which differ from those
offered through a health plan provided to active employees.
Further, nothing in this subsection precludes a local government employer from joining with other public agency
employers, including interjurisdictional benefit pools and
multi-employer associations or consortiums, to fulfill its obligations under chapter 319, Laws of 2002.
(3) A county, municipality, or other political subdivision
has full authority to require a person who requests continued
participation in a health plan under subsection (2) of this section to pay the full cost of such participation, including any
amounts necessary for administration. However, this subsection does not require an employer who is currently paying for
all or part of a health plan for its retired and disabled employees to discontinue those payments.
(4) Payments for continued participation in a former
employer's health plan may be assigned to the underwriter of
the health plan from public pension benefits or may be paid to
the former employer, as determined by the former employer,
so that an underwriter of the health plan that is an insurance
company, health care service contractor, or health maintenance organization is not required to accept individual payments from persons continuing participation in the
employer's health plan.
(5) After an initial open enrollment period of ninety days
after January 1, 2003, an employer may not be required to
permit a person to continue participation in the health plan if
the person is responsible for a lapse in coverage under the
plan. In addition, an employer may not be required to permit
a person to continue participation in the employer's health
plan if the employer offered continued participation in a
health plan that meets the requirements of chapter 319, Laws
of 2002.
(6) If a person continuing participation in the former
employer's health plan has medical coverage available
through another employer, the medical coverage of the other
employer is the primary coverage for purposes of coordination of benefits as provided for in the former employer's
health plan.
(7) If a person's continued participation in a health plan
was permitted because of the person's relationship to a retired
or disabled employee of the employer providing the health
plan and the retired or disabled employee dies, then that person is permitted to continue participation in the health plan
for a period of not more than six months after the death of the
retired or disabled employee. However, the employer providing the health plan may permit continued participation
beyond that time period.
(8) An employer may offer one or more health plans different from that provided for active employees and designed
to meet the needs of persons requesting continued participation in the employer's health plan. An employer, in designing
or offering continued participation in a health plan, may utilize terms or conditions necessary to administer the plan to
the extent the terms and conditions do not conflict with this
section.
(9) If an employer changes the underwriter of a health
plan, the replaced underwriter has no further responsibility or
obligation to persons who continued participation in a health
plan of the replaced underwriter. However, the employer
[Title 41 RCW—page 7]
41.04.212
Title 41 RCW: Public Employment, Civil Service, and Pensions
shall permit those persons to participate in any new health
plan.
(10) The benefits granted under this section are not considered a matter of contractual right. Should the legislature,
a county, municipality, or other political subdivision of the
state revoke or change any benefits granted under this section, an affected person is not entitled to receive the benefits
as a matter of contractual right.
(11) This section does not affect any health plan contained in a collective bargaining agreement in existence as of
January 1, 2003. However, any plan contained in future collective bargaining agreements shall conform to this section.
In addition, this section does not affect any health plan contract or policy in existence as of January 1, 2003. However,
any renewal of the contract or policy shall conform to this
section.
(12) Counties, municipalities, and other political subdivisions that make a documented good faith effort to comply
with the provisions of subsections (2) through (11) of this
section and are unable to provide access to a fully insured
group health benefit plan are discharged from any obligations
under subsections (2) through (11) of this section but shall
assist disabled employees and retired employees in applying
for health insurance. Assistance may include developing and
distributing standardized information on the availability and
cost of individual health benefit plans, application packages,
and health benefit fairs.
(13) The office of the insurance commissioner shall
make available to counties, municipalities, and other political
subdivisions information regarding individual health benefit
plans, including a list of carriers offering individual coverage, the rates charged, and how to apply for coverage. [2004
c 173 § 1; 2002 c 319 § 2.]
Effective date—2004 c 173: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 26, 2004]." [2004 c 173 § 3.]
Intent—2002 c 319: "It is the intent of this act to provide retirees of
local government employers access to health care benefits. It is also the
intent of this act that local government employers be allowed the flexibility
to design programs to meet the health care needs of their retirees and that the
local government employer be able to recover all costs associated with providing retirees access to health benefits." [2002 c 319 § 1.]
41.04.212
41.04.212 Local government retirees—Health care—
Administration. Employers providing access to health
insurance coverage under chapter 319, Laws of 2002 may
adopt criteria which specify allowable enrollment periods,
require enrollees to keep current addresses and information,
and outline other processes to ensure that plans can be administered efficiently and effectively. [2002 c 319 § 3.]
Intent—2002 c 319: See note following RCW 41.04.208.
41.04.220
41.04.220 Department of general administration to
procure health benefit programs—Other governmental
entities may use services. Any governmental entity other
than state agencies, may use the services of the department of
general administration upon the approval of the director, in
procuring health benefit programs as provided by RCW
41.04.180, 28A.400.350 and 28B.10.660: PROVIDED, That
the department of general administration may charge for the
[Title 41 RCW—page 8]
administrative cost incurred in the procuring of such services.
[1983 c 3 § 88; 1969 ex.s. c 237 § 7.]
Effective date—1969 ex.s. c 237: See note following RCW 41.04.180.
41.04.230
41.04.230 Payroll deductions authorized. Any official of the state authorized to disburse funds in payment of
salaries and wages of public officers or employees is authorized, upon written request of the officer or employee, to
deduct from the salaries or wages of the officers or employees, the amount or amounts of subscription payments, premiums, contributions, or continuation thereof, for payment of
the following:
(1) Credit union deductions: PROVIDED, That twentyfive or more employees of a single state agency or a total of
one hundred or more state employees of several agencies
have authorized such a deduction for payment to the same
credit union. An agency may, in its own discretion, establish
a minimum participation requirement of fewer than twentyfive employees.
(2) Parking fee deductions: PROVIDED, That payment
is made for parking facilities furnished by the agency or by
the department of general administration.
(3) U.S. savings bond deductions: PROVIDED, That a
person within the particular agency shall be appointed to act
as trustee. The trustee will receive all contributions; purchase
and deliver all bond certificates; and keep such records and
furnish such bond or security as will render full accountability for all bond contributions.
(4) Board, lodging or uniform deductions when such
board, lodging and uniforms are furnished by the state, or
deductions for academic tuitions or fees or scholarship contributions payable to the employing institution.
(5) Dues and other fees deductions: PROVIDED, That
the deduction is for payment of membership dues to any professional organization formed primarily for public employees
or college and university professors: AND PROVIDED,
FURTHER, That twenty-five or more employees of a single
state agency, or a total of one hundred or more state employees of several agencies have authorized such a deduction for
payment to the same professional organization.
(6) Labor or employee organization dues may be
deducted in the event that a payroll deduction is not provided
under a collective bargaining agreement under the provisions
of RCW 41.06.150: PROVIDED, That twenty-five or more
officers or employees of a single agency, or a total of one
hundred or more officers or employees of several agencies
have authorized such a deduction for payment to the same
labor or employee organization: PROVIDED, FURTHER,
That labor or employee organizations with five hundred or
more members in state government may have payroll deduction for employee benefit programs.
(7) Insurance contributions to the authority for payment
of premiums under contracts authorized by the state health
care authority. However, enrollment or assignment by the
state health care authority to participate in a health care benefit plan, as required by RCW 41.05.065(5), shall authorize a
payroll deduction of premium contributions without a written
consent under the terms and conditions established by the
public employees' benefits board.
(2004 Ed.)
General Provisions
(8) Deductions to a bank, savings bank, or savings and
loan association if (a) the bank, savings bank, or savings and
loan association is authorized to do business in this state; and
(b) twenty-five or more employees of a single agency, or
fewer, if a lesser number is established by such agency, or a
total of one hundred or more state employees of several agencies have authorized a deduction for payment to the same
bank, savings bank, or savings and loan association.
Deductions from salaries and wages of public officers
and employees other than those enumerated in this section or
by other law, may be authorized by the director of financial
management for purposes clearly related to state employment
or goals and objectives of the agency and for plans authorized
by the state health care authority.
(9) Contributions to the Washington state combined fund
drive.
The authority to make deductions from the salaries and
wages of public officers and employees as provided for in
this section shall be in addition to such other authority as may
be provided by law: PROVIDED, That the state or any
department, division, or separate agency of the state shall not
be liable to any insurance carrier or contractor for the failure
to make or transmit any such deduction. [2002 c 61 § 5; 1995
1st sp.s. c 6 § 21. Prior: 1993 c 2 § 26 (Initiative Measure No.
134, approved November 3, 1992); 1992 c 192 § 1; 1988 c
107 § 19; 1985 c 271 § 1; 1983 1st ex.s. c 28 § 3; 1980 c 120
§ 1; 1979 c 151 § 54; 1973 1st ex.s. c 147 § 5; 1970 ex.s. c 39
§ 11; 1969 c 59 § 5.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Implementation—Effective dates—1988 c 107: See RCW 41.05.901.
Application—1983 1st ex.s. c 28: See note following RCW 42.16.010.
Effective date—Effect of veto—Savings—Severability—1973 1st
ex.s. c 147: See notes following RCW 41.05.050.
Severability—1970 ex.s. c 39: See note following RCW 41.05.050.
41.04.232 Transition to two payrolls per month—
Guidelines on deductions and deferrals. In order to facilitate the transition from one payroll per month to two payrolls
per month, the following guidelines concerning payroll
deductions and deferrals are established:
(1) All mandatory and voluntary deductions which are
based upon a percentage of salary shall be deducted, after
August 23, 1983, from the salaries payable for each pay
period. This subsection shall apply regardless of when the
deductions were authorized or required.
(2) The office of financial management shall adopt reasonable procedures providing for deductions, including
deferrals, which are not based on a percentage of salary.
(3) Amounts which are deducted in accordance with subsections (1) and (2) of this section shall be paid to the designated recipient no later than the established paydates except
when other agreements are reached with the designated recipient.
(4) Payment of deductions and deferrals to the designated recipient shall be made by warrant or check except
when the designated recipient requests payment by electronic
funds transfer. If recipients request electronic funds transfers,
sufficient time shall be made available to establish the process. The elapsed time to establish the process shall not
exceed three months from the time the recipient has
41.04.232
(2004 Ed.)
41.04.235
requested in writing to the appropriate data processing payroll systems manager to receive payment by electronic funds
transfer.
Documentation and itemization of deductions or deferrals paid shall be in printed form unless the designated recipient requests computer tapes. If recipients request computer
tapes, sufficient time shall be made available to establish the
process. Computer tapes shall be made available to the
requesting designated recipient if at least one hundred
employees paid from an automated payroll system have such
deductions. The elapsed time to establish the process for providing computer tapes shall not exceed three months from the
time the recipient has requested in writing to the appropriate
data processing payroll systems manager to receive computer
tapes. With the approval of the office of financial management, more advanced technology may be utilized to provide
payment, documentation, and itemization of deductions to
designated recipients. [1983 1st ex.s. c 28 § 4.]
Application—1983 1st ex.s. c 28: See note following RCW 42.16.010.
41.04.233
41.04.233 Payroll deductions for capitation payments to health maintenance organizations. Any
employee or retired employee of the state or its departments,
agencies, or subdivisions and any employee or retired
employee of a county, public or municipal corporation,
school district, or tax supported institution may authorize the
deduction from his salary or wages of the amount of his capitation payments to any health maintenance organization
receiving a certificate of authority under this chapter. Upon
the filing of an authorization with the auditor or fiscal officer
of the employer, such auditor or fiscal officer shall make payments in favor of the health maintenance organizations
referred to in the authorization for the amounts of the deductions authorized, *RCW 41.04.230(7) notwithstanding.
[1975 1st ex.s. c 290 § 20.]
*Reviser's note: RCW 41.04.230 was amended by 1993 c 2 § 26 (Initiative Measure No. 134), and subsection (7) was deleted.
Severability—1975 1st ex.s. c 290: See RCW 48.46.910.
41.04.235
41.04.235 Retirement allowance deductions for
health care benefit plans. Participants in a health care benefit plan approved pursuant to RCW 41.04.180, 41.05.065, or
28A.400.350, whichever is applicable, who are retired public
employees, may authorize the deduction from their retirement allowances, of the amount or amounts of their subscription payments, premiums, or contributions to any person,
firm, or corporation furnishing or providing medical, surgical, and hospital care or other health care insurance upon the
approval by the retirement board of an application for such
deduction on the prescribed form, and the treasurer of the
state shall duly and timely draw and issue proper warrants
directly to and in favor of the person, firm, or corporation, or
organization named in the authorization for the amount
authorized to be deducted. [1993 c 386 § 4; 1983 c 3 § 89;
1975 1st ex.s. c 73 § 1.]
Intent—1993 c 386: See note following RCW 28A.400.391.
Effective date—1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: See note following RCW 28A.400.391.
[Title 41 RCW—page 9]
41.04.240
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.04.240
41.04.240 Direct deposit of salaries into financial
institutions authorized. Any official of the state or of any
political subdivision, municipal corporation, or quasi municipal corporation authorized to disburse funds in payment of
salaries and wages of employees is authorized upon written
request of at least twenty-five employees to pay all or part of
such salaries or wages to any financial institution for either:
(1) Credit to the employees' accounts in such financial institution; or (2) immediate transfer therefrom to the employees'
accounts in any other financial institutions: PROVIDED,
That nothing in this section shall be construed as authorizing
any employer to require the employees to have an account in
any particular financial institution or type of financial institution. A single warrant may be drawn in favor of such financial institution, for the total amount due the employees
involved, and written directions provided to such financial
institution of the amount to be credited to the account of an
employee or to be transferred to an account in another financial institution for such employee. The issuance and delivery
by the disbursing officer of a warrant in accordance with the
procedure set forth herein and proper indorsement thereof by
the financial institution shall have the same legal effect as
payment directly to the employee.
For the purposes of this section "financial institution"
means any bank or trust company established in this state
pursuant to chapter 2, Title 12, United States Code, or Title
30 RCW, and any credit union established in this state pursuant to chapter 14, Title 12, United States Code, or chapter
31.12 RCW, and any mutual savings bank established in this
state pursuant to Title 32 RCW, and any savings and loan
association established in this state pursuant to chapter 12,
Title 12, United States Code, or Title 33 RCW. [1977 ex.s. c
269 § 1; 1969 c 59 § 6.]
41.04.245
41.04.245 Payroll deductions to a bank, savings
bank, credit union, or savings and loan association. Any
official of any local political subdivision of the state, municipal corporation, or quasi-municipal corporation authorized
to disburse funds in payment of salaries and wages of
employees is authorized upon written request of any
employee, to deduct all or part of such employee's salary or
wages for payment to any bank, savings bank, credit union,
or savings and loan association if (1) the bank, savings bank,
credit union, or savings and loan association is authorized to
do business in this state; and (2) twenty-five or more employees of a single local political subdivision, or fewer, if a lesser
number is established by such local political subdivision,
authorize such a deduction for payment to the same bank,
savings bank, credit union, or savings and loan association.
[1992 c 192 § 2.]
41.04.270
41.04.270 Public retirement systems—Members or
beneficiaries estopped from becoming a member or
accruing rights in any other public retirement system. (1)
Notwithstanding any provision of chapter 2.10, 2.12, 41.26,
41.28, 41.32, 41.35, 41.40, or 43.43 RCW to the contrary, on
and after March 19, 1976, any member or former member
who (a) receives a retirement allowance earned by said
former member as deferred compensation from any public
retirement system authorized by the general laws of this state,
or (b) is eligible to receive a retirement allowance from any
[Title 41 RCW—page 10]
public retirement system listed in RCW 41.50.030, but
chooses not to apply, or (c) is the beneficiary of a disability
allowance from any public retirement system listed in RCW
41.50.030 shall be estopped from becoming a member of or
accruing any contractual rights whatsoever in any other public retirement system listed in RCW 41.50.030: PROVIDED,
That (a) and (b) of this subsection shall not apply to persons
who have accumulated less than fifteen years service credit in
any such system.
(2) Nothing in this section is intended to apply to any
retirement system except those listed in RCW 41.50.030 and
the city employee retirement systems for Seattle, Tacoma,
and Spokane. Subsection (1)(b) of this section does not apply
to a dual member as defined in RCW 41.54.010. [2001 c 180
§ 4; 1988 c 195 § 5; 1987 c 192 § 9; 1980 c 29 § 1; 1975-'76
2nd ex.s. c 105 § 1.]
Effective date—1988 c 195: See RCW 41.54.901.
Effective dates—1987 c 192: See RCW 41.54.900.
Severability—1975-'76 2nd ex.s. c 105: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-'76 2nd ex.s. c 105 § 28.]
41.04.273
41.04.273 Prohibition of retirement benefits passing
to slayer beneficiary—Determination by department of
retirement systems—Duties upon notice—Payment upon
verdicts—Admissibility of evidence—Immunity. (1) For
purposes of this section, the following definitions shall apply:
(a) "Slayer" means a slayer as defined in RCW
11.84.010.
(b) "Decedent" means any person whose life is taken by
a slayer, and who is entitled to benefits from the Washington
state department of retirement systems by written designation
or by operation of law.
(2) Property that would have passed to or for the benefit
of a beneficiary under one of the retirement systems listed in
RCW 41.50.030 shall not pass to that beneficiary if the beneficiary was a slayer of the decedent and the property shall be
distributed as if the slayer had predeceased the decedent.
(3) A slayer is deemed to have predeceased the decedent
as to property which, by designation or by operation of law,
would have passed from the decedent to the slayer because of
the decedent's entitlement to benefits under one of the retirement systems listed in RCW 41.50.030.
(4)(a) The department of retirement systems has no affirmative duty to determine whether a beneficiary is, or is
alleged to be, a slayer. However, upon receipt of written
notice that a beneficiary is a defendant in a civil lawsuit that
alleges the beneficiary is a slayer or is charged with a crime
that, if committed, means the beneficiary is a slayer, the
department of retirement systems shall determine whether the
beneficiary is a defendant in such a civil suit or has been formally charged in court with the crime, or both. If so, the
department shall withhold payment of any benefits until:
(i) The case or charges, or both if both are pending, are
dismissed;
(ii) The beneficiary is found not guilty in the criminal
case or prevails in the civil suit, or both if both are pending; or
(iii) The beneficiary is convicted or is found to be a
slayer in the civil suit.
(2004 Ed.)
General Provisions
(b) If the case or charges, or both if both are pending, are
dismissed or if a beneficiary is found not guilty or prevails in
the civil suit, or both if both are pending, the department shall
pay the beneficiary the benefits the beneficiary is entitled to
receive. If the beneficiary is convicted or found to be a slayer
in a civil suit, the department shall distribute the benefits
according to subsection (2) of this section.
(5) The slayer's conviction for having participated in the
willful and unlawful killing of the decedent shall be admissible in evidence against a claimant of property in any civil
action arising under this section.
(6) This section shall not subject the department of
retirement systems to liability for payment made to a slayer
or alleged slayer prior to the department's receipt of written
notice that the slayer has been convicted of, or the alleged
slayer has been formally criminally or civilly charged in
court with, the death of the decedent. If the conviction or civil
judgment of a slayer is reversed on appeal, the department of
retirement systems shall not be liable for payment made prior
to the receipt of written notice of the reversal to a beneficiary
other than the person whose conviction or civil judgment is
reversed. [1998 c 292 § 501.]
Application—1998 c 292: "Sections 501 through 505 of this act apply
to acts that result in unlawful killings of decedents by slayers on and after
April 2, 1998." [1998 c 292 § 506.]
Conflict with federal requirements—1998 c 292: "If any part of sections 501 through 505 of this act is found to be in conflict with federal
requirements, the conflicting part of sections 501 through 505 of this act is
hereby declared to be inoperative solely to the extent of the conflict, and such
finding or determination does not affect the operation of the remainder of
sections 501 through 505 of this act. Rules adopted under sections 501
through 505 of this act must meet federal requirements." [1998 c 292 § 507.]
Part headings and section captions not law—Effective dates—1998
c 292: See RCW 11.11.902 and 11.11.903.
41.04.275
41.04.275 Pension funding account created.
Reviser's note: RCW 41.04.275 was amended by 1998 c 340 § 12
without reference to its repeal by 1998 c 340 § 13. It has been decodified for
publication purposes under RCW 1.12.025.
41.04.276
41.04.276 Select committee on pension policy—Creation—Membership—Terms of office—Staff support.
(1) The select committee on pension policy is created. The
select committee consists of:
(a) Four members of the senate appointed by the president of the senate, two of whom are members of the majority
party and two of whom are members of the minority party.
At least three of the appointees shall be members of the senate ways and means committee;
(b) Four members of the house of representatives
appointed by the speaker, two of whom are members of the
majority party and two of whom are members of the minority
party. At least three of the appointees shall be members of
the house of representatives appropriations committee;
(c) Four active members or representatives from organizations of active members of the state retirement systems
appointed by the governor for staggered three-year terms,
with no more than two appointees representing any one
employee retirement system;
(d) Two retired members or representatives of retired
members' organizations of the state retirement systems
(2004 Ed.)
41.04.278
appointed by the governor for staggered three-year terms,
with no two members from the same system;
(e) Four employer representatives of members of the
state retirement systems appointed by the governor for staggered three-year terms; and
(f) The directors of the department of retirement systems
and office of financial management.
(2)(a) The term of office of each member of the house of
representatives or senate serving on the committee runs from
the close of the session in which he or she is appointed until
the close of the next regular session held in an odd-numbered
year. If a successor is not appointed during a session, the
member's term continues until the member is reappointed or
a successor is appointed. The term of office for a committee
member who is a member of the house of representatives or
the senate who does not continue as a member of the senate
or house of representatives ceases upon the convening of the
next session of the legislature during the odd-numbered year
following the member's appointment, or upon the member's
resignation, whichever is earlier. All vacancies of positions
held by members of the legislature must be filled from the
same political party and from the same house as the member
whose seat was vacated.
(b) Following the terms of members and representatives
appointed under subsection (1)(d) of this section, the retiree
positions shall be rotated to ensure that each system has an
opportunity to have a retiree representative on the committee.
(3) The committee shall elect a chairperson and a vicechairperson. The chairperson shall be a member of the senate
in even-numbered years and a member of the house of representatives in odd-numbered years and the vice-chairperson
shall be a member of the house of representatives in evennumbered years and a member of the senate in odd-numbered
years.
(4) The committee shall establish an executive committee of five members, including the chairperson, the vicechairperson, one member from subsection (1)(c) of this section, one member from subsection (1)(e) of this section, and
one member from subsection (1)(f) of this section, with the
directors of the department of retirement systems and the
office of financial management serving in alternate years.
(5) Nonlegislative members of the select committee
serve without compensation, but shall be reimbursed for
travel expenses under RCW 43.03.050 and 43.03.060.
(6) The office of state actuary under chapter 44.44 RCW
shall provide staff and technical support to the committee.
[2003 c 295 § 1.]
41.04.278 Select committee on pension policy—Subcommittees. (1) The select committee on pension policy
may form three function-specific subcommittees, as set forth
under subsection (2) of this section, from the members under
RCW 41.04.276(1) (a) through (e), as follows:
(a) A public safety subcommittee with one member from
each group under RCW 41.04.276(1) (a) through (e);
(b) An education subcommittee with one member from
each group under RCW 41.04.276(1) (a) through (e); and
(c) A state and local government subcommittee, with one
retiree member under RCW 41.04.276(1)(d) and two members from each group under RCW 41.04.276(1) (a) through
(c) and (e).
41.04.278
[Title 41 RCW—page 11]
41.04.281
Title 41 RCW: Public Employment, Civil Service, and Pensions
The retiree members may serve on more than one subcommittee to ensure representation on each subcommittee.
(2)(a) The public safety subcommittee shall focus on
pension issues affecting public safety employees who are
members of the law enforcement officers' and fire fighters'
and Washington state patrol retirement systems.
(b) The education subcommittee shall focus on pension
issues affecting educational employees who are members of
the public employees', teachers', and school employees'
retirement systems.
(c) The state and local government subcommittee shall
focus on pension issues affecting state and local government
employees who are members of the public employees' retirement system. [2003 c 295 § 2.]
41.04.281
41.04.281 Select committee on pension policy—Powers and duties. The select committee on pension policy has
the following powers and duties:
(1) Study pension issues, develop pension policies for
public employees in state retirement systems, and make recommendations to the legislature;
(2) Study the financial condition of the state pension systems, develop funding policies, and make recommendations
to the legislature;
(3) Consult with the chair and vice-chair on appointing
members to the state actuary appointment committee upon
the convening of the state actuary appointment committee
established under RCW 44.44.013; and
(4) Receive the results of the actuarial audits of the actuarial valuations and experience studies administered by the
pension funding council pursuant to RCW 41.45.110. The
select committee on pension policy shall study and make recommendations on changes to assumptions or contribution
rates to the pension funding council prior to adoption of
changes under RCW 41.45.030, 41.45.035, or 41.45.060.
[2003 c 295 § 5.]
41.04.300
41.04.300 Travel expenses of state officials and
employees. Except as otherwise provided by law the payment of travel expenses by the state to any appointive official
or employee of any commission, agency, or other body of the
executive, judicial, or legislative branches of state government shall be in accordance with RCW 43.03.050 and
43.03.060 as now existing or hereafter amended. [1975-'76
2nd ex.s. c 34 § 3.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
41.04.340
41.04.340 State employee attendance incentive program—Sick leave records to be kept—Remuneration or
benefits for unused sick leave. (1) An attendance incentive
program is established for all eligible employees. As used in
this section the term "eligible employee" means any
employee of the state, other than eligible employees of the
community and technical colleges and the state board for
community and technical colleges identified in RCW
28B.50.553, and teaching and research faculty at the state and
regional universities and The Evergreen State College, entitled to accumulate sick leave and for whom accurate sick
leave records have been maintained. No employee may
[Title 41 RCW—page 12]
receive compensation under this section for any portion of
sick leave accumulated at a rate in excess of one day per
month. The state and regional universities and The Evergreen
State College shall maintain complete and accurate sick leave
records for all teaching and research faculty.
(2) In January of the year following any year in which a
minimum of sixty days of sick leave is accrued, and each January thereafter, any eligible employee may receive remuneration for unused sick leave accumulated in the previous year
at a rate equal to one day's monetary compensation of the
employee for each four full days of accrued sick leave in
excess of sixty days. Sick leave for which compensation has
been received shall be deducted from accrued sick leave at
the rate of four days for every one day's monetary compensation.
(3) At the time of separation from state service due to
retirement or death, an eligible employee or the employee's
estate may elect to receive remuneration at a rate equal to one
day's current monetary compensation of the employee for
each four full days of accrued sick leave.
(4) Remuneration or benefits received under this section
shall not be included for the purpose of computing a retirement allowance under any public retirement system in this
state.
(5) Except as provided in subsections (7) through (9) of
this section for employees not covered by chapter 41.06
RCW, this section shall be administered, and rules shall be
adopted to carry out its purposes, by the director of personnel
for persons subject to chapter 41.06 RCW: PROVIDED,
That determination of classes of eligible employees shall be
subject to approval by the office of financial management.
(6) Should the legislature revoke any remuneration or
benefits granted under this section, no affected employee
shall be entitled thereafter to receive such benefits as a matter
of contractual right.
(7) In lieu of remuneration for unused sick leave at
retirement as provided in subsection (3) of this section, an
agency head or designee may with equivalent funds, provide
eligible employees with a benefit plan that provides for reimbursement for medical expenses. This plan shall be implemented only after consultation with affected groups of
employees. For eligible employees covered by chapter 41.06
RCW, procedures for the implementation of these plans shall
be adopted by the director of personnel. For eligible employees exempt from chapter 41.06 RCW, and classified employees who have opted out of coverage of chapter 41.06 RCW as
provided in *RCW 41.56.201, implementation procedures
shall be adopted by an agency head having jurisdiction over
the employees.
(8) Implementing procedures adopted by the director of
personnel or agency heads shall require that each medical
expense plan authorized by subsection (7) of this section
apply to all eligible employees in any one of the following
groups: (a) Employees in an agency; (b) employees in a
major organizational subdivision of an agency; (c) employees
at a major operating location of an agency; (d) exempt
employees under the jurisdiction of an elected or appointed
Washington state executive; (e) employees of the Washington state senate; (f) employees of the Washington state house
of representatives; (g) classified employees in a bargaining
unit established by the director of personnel; or (h) other
(2004 Ed.)
General Provisions
group of employees defined by an agency head that is not
designed to provide an individual-employee choice regarding
participation in a medical expense plan. However, medical
expense plans for eligible employees in any of the groups
under (a) through (h) of this subsection who are covered by a
collective bargaining agreement shall be implemented only
by written agreement with the bargaining unit's exclusive
representative and a separate medical expense plan may be
provided for unrepresented employees.
(9) Medical expense plans authorized by subsection (7)
of this section must require as a condition of participation in
the plan that employees in the group affected by the plan sign
an agreement with the employer. The agreement must include
a provision to hold the employer harmless should the United
States government find that the employer or the employee is
in debt to the United States as a result of the employee not
paying income taxes due on the equivalent funds placed into
the plan, or as a result of the employer not withholding or
deducting a tax, assessment, or other payment on the funds as
required by federal law. The agreement must also include a
provision that requires an eligible employee to forfeit remuneration under subsection (3) of this section if the employee
belongs to a group that has been designated to participate in
the medical expense plan permitted under this section and the
employee refuses to execute the required agreement. [2002 c
354 § 227. Prior: 1998 c 254 § 1; 1998 c 116 § 2; 1997 c 232
§ 2; 1993 c 281 § 17; 1991 c 249 § 1; 1990 c 162 § 1; 1980 c
182 § 1; 1979 ex.s. c 150 § 1.]
*Reviser's note: RCW 41.56.201 was repealed by 2002 c 354 § 403,
effective July 1, 2005.
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Severability—1998 c 254 § 1: "If any part of RCW 41.04.340 (7)
through (9) is found to be in conflict with federal tax laws or rulings or regulations of the federal internal revenue service, the conflicting part is inoperative solely to the extent of the conflict and such a finding shall not affect the
remainder of section 1, chapter 254, Laws of 1998." [1998 c 254 § 2.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1980 c 182: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 182 § 7.]
41.04.350
41.04.350 Mandatory retirement prior to seventy
years of age prohibited—Exceptions—Waiver of mandatory retirement. (1) Notwithstanding any other provisions
of law, no employee of the state of Washington or any of its
political subdivisions or any institution supported in total or
in part by the state or any of its political subdivisions, other
than employees covered by chapters 41.26 and 43.43 RCW,
shall be compelled to retire solely on the basis of age prior to
attaining seventy years of age.
(2) All compulsory retirement provisions relating to public employees, other than employees covered by chapters
41.26 and 43.43 RCW, may be waived for individuals attaining seventy years of age by the individual's employer. [1979
ex.s. c 159 § 1.]
41.04.360
41.04.360 State-employed chaplains—Housing
allowance. In the case of a minister or other clergyperson
employed as a chaplain in a state institution or agency, there
is designated in the salary or wage paid to the person an
(2004 Ed.)
41.04.364
amount up to forty percent of the gross salary as either of the
following:
(1) The rental value of a home furnished to the person as
part of the person's compensation; or
(2) The housing/rental allowance paid to the person as
part of the person's compensation, to the extent used by the
person to rent or provide a home. [1982 c 190 § 1.]
Appointment and duties of institutional chaplains: RCW 72.01.210 through
72.01.260.
Volunteer law enforcement chaplains: Chapter 41.22 RCW.
41.04.362
41.04.362 State employee wellness program. (1) The
director of the department of personnel, in consultation with
applicable state agencies and employee organizations, may
develop and administer a voluntary state employee wellness
program.
(2) The director may:
(a) Develop and implement state employee wellness policies, procedures, and activities;
(b) Disseminate wellness educational materials to state
agencies and employees;
(c) Encourage the establishment of wellness activities in
state agencies;
(d) Provide technical assistance and training to agencies
conducting wellness activities for their employees;
(e) Develop standards by which agencies sponsoring
specific wellness activities may impose a fee to participating
employees to help defray the cost of those activities;
(f) Monitor and evaluate the effectiveness of this program, including the collection, analysis, and publication of
relevant statistical information; and
(g) Perform other duties and responsibilities as necessary
to carry out the purpose of this section.
(3) No wellness program or activity that involves or
requires organized or systematic physical exercise may be
implemented or conducted during normal working hours.
[1987 c 248 § 2.]
Legislative findings—Purpose—1987 c 248: "The legislature finds
that:
(1) Improved health among employees will result in a more productive
workforce, better morale, reduced stress, lower injury rates and absenteeism,
and improved recruitment and retention rates;
(2) A substantial amount of illness and injury in the work force is preventable because it results from lifestyle decisions;
(3) Illness and injury among state employees can be reduced if employees engage in healthier lifestyles.
The state, as an employer, desires to foster a working environment that
promotes the health and well-being of its employees. Therefore, it is the purpose of this act to establish a state employee wellness program. "Wellness
program" means those policies, procedures, and activities that promote the
health and well-being of state employees and that contribute to a healthful
work environment." [1987 c 248 § 1.]
41.04.364
41.04.364 State employee wellness program—Confidentiality of individually identifiable information. Individual employees' participation in the wellness program and
all individually identifiable information gathered in the process of conducting the program shall be held in strict confidence and shall not in any way jeopardize any employee's job
security, promotional opportunities, or other employment
rights. [1987 c 248 § 3.]
Legislative findings—Purpose—1987 c 248: See note following
RCW 41.04.362.
[Title 41 RCW—page 13]
41.04.370
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.04.370
41.04.370 Child care—Legislative intent. The legislature recognizes that supporting child care for employees of
public and private organizations is a worthwhile pursuit. To
further the goals of affordable, accessible, and quality child
care for working parents, the legislature intends to provide
for the development of self-supporting child care programs
for employees of state government. [1993 c 194 § 1; 1984 c
162 § 1.]
creating a supportive atmosphere in which they may meet
their child care needs. Policies and procedures for state agencies to address employee child care needs will be the responsibility of the director of personnel in consultation with the
child care coordinating committee, as provided in RCW
74.13.090 and state employee representatives as provided
under RCW 41.06.140. [1993 c 194 § 5; 1986 c 135 § 1.]
41.04.385
41.04.375
41.04.375 Child care—Rental of suitable space. An
agency may identify space they wish to use for child care
facilities or they may request assistance from the department
of general administration in identifying the availability of
suitable space in state-owned or state-leased buildings for use
as child care centers for the children of state employees.
When suitable space is identified in state-owned or stateleased buildings, the department of general administration
shall establish a rental rate for organizations to pay for the
space used by persons who are not state employees. [1993 c
194 § 2; 1984 c 162 § 2.]
41.04.380
41.04.380 Child care—Contracts—Provision of suitable space at reduced cost authorized. When suitable
space is determined to be available, either agencies or organizations of state employees may contract with one or more
providers to operate child care facilities.
Subject to the approval of the director of financial management, suitable space for child care centers may be provided to organizations of state employees without charge or
at reduced charge for rent or services solely for the purpose of
reducing employee child care costs. [1993 c 194 § 3; 1984 c
162 § 3.]
41.04.382
41.04.382 Child care organizations—Qualifications
for services. In order to qualify for services under RCW
41.04.380, state employee child care organizations shall be
organized as nonprofit under chapter 24.03 RCW. [1993 c
194 § 4.]
41.04.385 Child care—Legislative findings—State
policy—Responsibilities of director of personnel. (Effective July 1, 2005.) The legislature finds that (1) demographic, economic, and social trends underlie a critical and
increasing demand for child care in the state of Washington;
(2) working parents and their children benefit when the
employees' child care needs have been resolved; (3) the state
of Washington should serve as a model employer by creating
a supportive atmosphere, to the extent feasible, in which its
employees may meet their child care needs; and (4) the state
of Washington should encourage the development of partnerships between state agencies, state employees, state
employee labor organizations, and private employers to
expand the availability of affordable quality child care. The
legislature finds further that resolving employee child care
concerns not only benefits the employees and their children,
but may benefit the employer by reducing absenteeism,
increasing employee productivity, improving morale, and
enhancing the employer's position in recruiting and retaining
employees. Therefore, the legislature declares that it is the
policy of the state of Washington to assist state employees by
creating a supportive atmosphere in which they may meet
their child care needs. Policies and procedures for state agencies to address employee child care needs will be the responsibility of the director of personnel in consultation with the
child care coordinating committee, as provided in RCW
74.13.090, and state employee representatives. [2002 c 354 §
236; 1993 c 194 § 5; 1986 c 135 § 1.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
41.04.390
41.04.385
41.04.385 Child care—Legislative findings—State
policy—Responsibilities of director of personnel. (Effective until July 1, 2005.) The legislature finds that (1) demographic, economic, and social trends underlie a critical and
increasing demand for child care in the state of Washington;
(2) working parents and their children benefit when the
employees' child care needs have been resolved; (3) the state
of Washington should serve as a model employer by creating
a supportive atmosphere, to the extent feasible, in which its
employees may meet their child care needs; and (4) the state
of Washington should encourage the development of partnerships between state agencies, state employees, state
employee labor organizations, and private employers to
expand the availability of affordable quality child care. The
legislature finds further that resolving employee child care
concerns not only benefits the employees and their children,
but may benefit the employer by reducing absenteeism,
increasing employee productivity, improving morale, and
enhancing the employer's position in recruiting and retaining
employees. Therefore, the legislature declares that it is the
policy of the state of Washington to assist state employees by
[Title 41 RCW—page 14]
41.04.390 Flexible-time work schedules. (1) The legislature finds that flexible-time work schedules, which provide varying times for employees to arrive at and depart from
work, tend to alleviate traffic congestion during peak rush
hour periods and thereby reduce hazardous traffic conditions;
provide more efficient use of highways and other transit
facilities; and decrease fuel consumption. In addition, the legislature finds that flexible-time work schedules provide families in which both parents work outside of the home with the
flexibility necessary to provide for day care; provide employees with flexibility allowing them to spend more time with
their families; improve employee morale and, in-so-doing,
improve productivity. Therefore, due to the clear advantages
to both agencies and employees, the legislature finds that
flexible-time work schedules should be utilized by agencies
to the maximum extent possible.
(2) As used in this section, "flexible-time work schedule" means a daily work schedule which contains a core time
of required hours during which an employee subject to the
schedule is required to be present for work and designated
hours before or after the core time during which an employee,
(2004 Ed.)
General Provisions
with the approval of his or her agency, may elect a time of
arrival to work and departure from work.
(3) Each agency shall prepare a flexible-time work
schedule or schedules and shall offer the schedule or schedules to employees as an option to the traditional eight o'clock
a.m. to five o'clock p.m. working day. However, an agency
shall not be required to prepare or offer a flexible-time work
schedule or schedules if the agency head determines that the
implementation of such a schedule would serve as an impediment to the provision of services to the public or would in
any other way impede the agency in accomplishing its mission.
(4) Any employee wishing to use a flexible-time work
schedule prepared under subsection (3) of this section must
first obtain the permission of the agency head or the agency
head's designee. However, if there is an employee organization certified as an exclusive bargaining representative for a
bargaining unit affected by the flexible-time work schedule,
the agency shall first negotiate with the certified employee
organization.
(5) Nothing in this section affects official hours during
which state offices are required to be open for the transaction
of business, as prescribed in RCW 42.04.060. [1985 c 411 §
1.]
41.04.393
41.04.393 Public safety officers—Retirement benefits—Death in the line of duty. Retirement benefits paid
under chapter 41.26, 41.40, or 43.43 RCW to beneficiaries of
public safety officers who die in the line of duty shall be paid
in accordance with Title 26 U.S.C. Sec. 101(h) as amended
by the Fallen Hero Survivor Benefit Fairness Act of 2001.
[2003 c 32 § 1.]
41.04.395
41.04.395 Disability accommodation revolving
fund—Disbursements. (1) The disability accommodation
revolving fund is created in the custody of the state treasurer.
Disbursements from the fund shall be on authorization of the
director of the department of personnel or the director's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is
required for disbursements. The fund shall be used exclusively by state agencies to accommodate the unanticipated
job site or equipment needs of persons of disability in state
employ.
(2) The director of the department of personnel shall
consult with the governor's committee on disability issues
and employment regarding requests for disbursements from
the disability accommodation revolving fund. The department shall establish application procedures, adopt criteria,
and provide technical assistance to users of the fund.
(3) Agencies that receive moneys from the disability
accommodation revolving fund shall return to the fund the
amount received from the fund by no later than the end of the
first month of the following fiscal biennium. [1994 sp.s. c 9
§ 801; 1987 c 9 § 2.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Intent—1987 c 9: "The legislature recognizes that persons of disability
have faced unfair discrimination in employment. Equal opportunity for persons of disability often necessitate job site changes and equipment purchases. It is the intent of the legislature to remove a potential barrier to
(2004 Ed.)
41.04.410
employment of persons of disability by giving state agencies, including institutions of higher education, the ability to accommodate the job site and
equipment needs of persons of disability without the delay of waiting for an
appropriation from the legislature." [1987 c 9 § 1.]
41.04.400
41.04.400 Consolidation of local governmental unit
and first class city retirement system—Intent. It is the
purpose of RCW 41.04.405 through 41.04.430 to govern the
retirement rights of persons whose employment status is
altered when: (1) Two or more units of local government of
this state, at least one of which is a first class city with its own
retirement system, enter into an agreement for the consolidated performance of a governmental service, activity, or
undertaking; (2) the service, activity, or undertaking is to be
performed either by one of the participating local governmental units or by a newly established separate legal entity;
and (3) the employees of the participating local governmental
units are not all members of the same Washington public
retirement system.
RCW 41.04.405 through 41.04.430 are not intended to
and do not govern retirement rights of any members of the
retirement systems established by chapter 41.16, 41.18,
41.20, or 41.26 RCW, or of employees described in RCW
35.58.265, 35.58.390, or 70.08.070. To the extent there is any
conflict between RCW 41.04.405 through 41.04.430 and
RCW 41.04.110, the provisions of RCW 41.04.405 through
41.04.430 shall govern. [1984 c 184 § 22.]
Severability—1984 c 184: See note following RCW 41.50.150.
41.04.405
41.04.405 Consolidation of local governmental unit
and first class city retirement system—Definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout RCW 41.04.400 through
41.04.430.
(1) "Legal entity" means any political subdivision or
municipal corporation of the state, including but not limited
to public agencies created under RCW 35.63.070, 36.70.060,
or 39.34.030.
(2) "Consolidated employer" means the legal entity
assigned by agreement to perform a governmental service,
activity, or undertaking for two or more units of local government of the state, at least one of which is a first class city with
its own retirement system.
(3) "Existing employee" means a person who both (a)
becomes employed by the consolidated employer within one
year after the consolidation and (b) was employed by one of
the combining legal entities at the time of the consolidation.
(4) "New employee" means an employee of the consolidated employer who is not an existing employee.
(5) "Active member" means a member of a retirement
system who was making contributions to that retirement system at the time of the consolidation. [1984 c 184 § 23.]
Severability—1984 c 184: See note following RCW 41.50.150.
41.04.410
41.04.410 Consolidation of local governmental unit
and first class city retirement system—Membership in
public employees' retirement system. If a consolidated
employer is a participating member in the public employees'
retirement system under chapter 41.40 RCW prior to the consolidation:
[Title 41 RCW—page 15]
41.04.415
Title 41 RCW: Public Employment, Civil Service, and Pensions
(1) All existing employees of the consolidated employer
who are active members of the public employees' retirement
system immediately prior to the consolidation shall continue
to be members of that retirement system while employed by
the consolidated employer.
(2) All existing employees of the consolidated employer
who are active members of a first class city retirement system
under chapter 41.28 RCW immediately prior to the consolidation shall cease to be members of that system at the time of
the consolidation and, if eligible, shall immediately become
members of the public employees' retirement system. However, any such active member may, by a writing filed with the
consolidated employer within thirty days after the consolidation or within thirty days after March 15, 1984, whichever is
later, irrevocably elect instead to continue to be a member of
the first class city retirement system, thereby forever waiving
any rights under the public employees' retirement system
based upon employment with the consolidated employer.
(3) Only prospective periods of qualifying service under
the public employees' retirement system may be established
under this section. [1984 c 184 § 24.]
to the consolidation shall cease to be members of these systems. However, any such active members may, by a writing
filed with the consolidated employer within thirty days after
the consolidation or within thirty days after March 15, 1984,
whichever is later, irrevocably elect instead to continue as
members of the retirement system to which they belonged at
the time of the consolidation for all periods of employment
with the consolidated employer.
(2) If the consolidated employer later joins the public
employees' retirement system, all existing employees still
employed on that date shall, effective from that date, have the
same retirement system rights and options, subject to the
same conditions as employees governed by RCW 41.04.410,
notwithstanding any previous election under subsection (1)
of this section.
(3) No new employees of the consolidated employer may
become members of an employer-sponsored retirement system until such time as the employer joins the public employees' retirement system pursuant to RCW 41.40.062. [1984 c
184 § 26.]
Severability—1984 c 184: See note following RCW 41.50.150.
Severability—1984 c 184: See note following RCW 41.50.150.
41.04.425
41.04.415
41.04.415 Consolidation of local governmental unit
and first class city retirement system—Membership in
first class city retirement system. If a consolidated
employer is a city operating a first class city retirement system under chapter 41.28 RCW prior to the consolidation:
(1) All existing employees of the consolidated employer
who are active members of the first class city retirement system immediately prior to the consolidation shall continue to
be members of that retirement system while employed by the
consolidated employer.
(2) All existing employees of the consolidated employer
who are active members of the public employees' retirement
system under chapter 41.40 RCW immediately prior to the
consolidation shall cease to be members of that system at the
time of the consolidation and, if eligible, shall immediately
become members of the first class city retirement system.
However, any such active member may, by a writing filed
with the consolidated employer within thirty days after the
consolidation or within thirty days after March 15, 1984,
whichever is later, irrevocably elect instead to continue to be
a member of the public employees' retirement system,
thereby forever waiving any rights under the first class city
retirement system based upon such employment with the
consolidated employer.
(3) Only prospective periods of qualifying service under
the first class city retirement system may be established
under this section. [1984 c 184 § 25.]
Severability—1984 c 184: See note following RCW 41.50.150.
41.04.420
41.04.420 Consolidation of local governmental unit
and first class city retirement system—Newly created
legal entity. If a consolidated employer is a newly created
legal entity and does not immediately join the public employees' retirement system pursuant to RCW 41.40.062:
(1) All existing employees of the consolidated employer
who are active members of a first class city retirement system
or the public employees' retirement system immediately prior
[Title 41 RCW—page 16]
41.04.425 Consolidation of local governmental unit
and first class city retirement system—Limitations. Notwithstanding any provision of RCW 41.04.410, 41.04.415, or
41.04.420:
(1) No person may simultaneously accrue any contractual rights whatsoever in more than one Washington public
retirement system as a consequence of employment by a consolidated employer.
(2) No person who makes a written election permitted by
RCW 41.04.410, 41.04.415, or 41.04.420 may receive a
retirement allowance from such retirement system under any
circumstances while employed or reemployed by the consolidated employer.
(3) No person may accrue any benefits or rights under
any Washington public retirement system as a result of RCW
41.04.410, 41.04.415, or 41.04.420 except such rights of continuing membership that are specifically and explicitly
granted by RCW 41.04.410, 41.04.415, or 41.04.420.
(4) Nothing in RCW 41.04.400 through 41.04.425 is
intended to constitute an amendment or waiver of any law or
rule of any Washington public retirement system, including
but not limited to those governing eligibility for service
credit, benefits, or membership, except to broaden the class
of legal entities that are deemed to be participating employers
in the retirement systems in the specific circumstances stated
in RCW 41.04.410, 41.04.415, and 41.04.420. [1984 c 184 §
27.]
Severability—1984 c 184: See note following RCW 41.50.150.
41.04.430
41.04.430 Consolidation of local governmental unit
and first class city retirement system—Compliance with
laws and rules—Application of sections. (1) Consolidated
employers that employ persons governed by RCW
41.04.410, 41.04.415, or 41.04.420 shall comply with all
laws and rules governing the retirement system in which the
persons participate as members, including but not limited to
the obligations to make employer contributions, to deduct
(2004 Ed.)
General Provisions
and transmit employee contributions, and to submit required
reports.
(2) RCW 41.04.410, 41.04.415, 41.04.420, and
41.04.425 govern any consolidation occurring on or after
December 31, 1981. [1984 c 184 § 28.]
Severability—1984 c 184: See note following RCW 41.50.150.
41.04.440
41.04.440 Members' retirement contributions—Pick
up by employer—Purpose—Benefits not contractual
right. (1) The sole purpose of RCW 41.04.445 and
41.04.450 is to allow the members of the retirement systems
created in chapters 2.10, 2.12, 41.26, 41.32, 41.40, 41.34, and
43.43 RCW to enjoy the tax deferral benefits allowed under
26 U.S.C. 414(h). Chapter 227, Laws of 1984 does not alter
in any manner the provisions of RCW 41.45.060, 41.45.061,
and 41.45.067 which require that the member contribution
rates shall be set so as to provide fifty percent of the cost of
the respective retirement plans.
(2) Should the legislature revoke any benefit allowed
under 26 U.S.C. 414(h), no affected employee shall be entitled thereafter to receive such benefit as a matter of contractual right. [2000 c 247 § 1101; 1995 c 239 § 322; 1984 c 227
§ 1.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Effective date—1984 c 227: "This act shall take effect on September 1,
1984." [1984 c 227 § 4.]
Conflict with federal requirements—1984 c 227: "If any part of this
act is found to be in conflict with federal requirements, the conflicting part of
the act is hereby declared to be inoperative solely to the extent of the conflict
and such finding or determination shall not affect the operation of the
remainder of the act in its application: PROVIDED, That the employee proportional contributions required under RCW 41.26.450, 41.32.775 and
41.40.650 may not be altered in any manner. The rules under this act shall
meet federal requirements." [1984 c 227 § 6.]
Severability—1984 c 227: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected: PROVIDED, That the employee proportional contributions
required under RCW 41.26.450, 41.32.775 and 41.40.650 may not be altered
in any manner." [1984 c 227 § 7.]
Benefits not contractual right until date specified: RCW 41.34.100.
41.04.445
41.04.445 Members' retirement contributions—Pick
up by employer—Implementation. (1) This section applies
to all members who are:
(a) Judges under the retirement system established under
chapter 2.10, 2.12, or 2.14 RCW;
(b) Employees of the state under the retirement system
established by chapter 41.32, 41.40, or 43.43 RCW;
(c) Employees of school districts under the retirement
system established by chapter 41.32 or 41.40 RCW, except
for substitute teachers as defined by RCW 41.32.010;
(d) Employees of educational service districts under the
retirement system established by chapter 41.32 or 41.40
RCW; or
(e) Employees of community college districts under the
retirement system established by chapter 41.32 or 41.40
RCW.
(2004 Ed.)
41.04.450
(2) Only for compensation earned after the effective date
of the implementation of this section and as provided by section 414(h) of the federal internal revenue code, the employer
of all the members specified in subsection (1) of this section
shall pick up only those member contributions as required
under:
(a) RCW 2.10.090(1);
(b) RCW 2.12.060;
(c) RCW 2.14.090;
(d) RCW 41.32.263;
(e) RCW 41.32.350;
(f) RCW 41.40.330 (1) and (3);
(g) RCW 41.45.061 and 41.45.067;
(h) RCW 41.34.070;
(i) *RCW 43.43.300; and
(j) RCW 41.34.040.
(3) Only for the purposes of federal income taxation, the
gross income of the member shall be reduced by the amount
of the contribution to the respective retirement system picked
up by the employer.
(4) All member contributions to the respective retirement system picked up by the employer as provided by this
section, plus the accrued interest earned thereon, shall be paid
to the member upon the withdrawal of funds or lump-sum
payment of accumulated contributions as provided under the
provisions of the retirement systems.
(5) At least forty-five days prior to implementing this
section, the employer shall provide:
(a) A complete explanation of the effects of this section
to all members; and
(b) Notification of such implementation to the director of
the department of retirement systems. [2000 c 247 § 1102;
1995 c 239 § 323; 1992 c 212 § 15; 1990 c 274 § 6; 1988 c
109 § 24; 1985 c 13 § 2; 1984 c 227 § 2.]
*Reviser's note: RCW 43.43.300 was repealed by 2001 c 329 § 12.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Findings—Effective date—Construction—1990 c 274: See notes following RCW 41.32.010.
Effective date—1988 c 109: See note following RCW 2.10.030.
Purpose—Application—1985 c 13: "The sole purpose of this 1985 act
is to clarify and more explicitly state the intent of the legislature in enacting
chapter 227, Laws of 1984. This 1985 act makes no substantive changes in
the meaning or impact of that chapter and the provisions of this 1985 act
shall be deemed to have retrospective application to September 1, 1984."
[1985 c 13 § 1.]
Retrospective application—1985 c 13: "This act shall have retrospective application to September 1, 1984." [1985 c 13 § 8.]
Effective date—Conflict with federal requirements—Severability—
1984 c 227: See notes following RCW 41.04.440.
Benefits not contractual right until date specified: RCW 41.34.100.
41.04.450
41.04.450 Members' retirement contributions—Pick
up by employer—Optional implementation and withdrawal. (1) Employers of those members under chapters
41.26, 41.34, 41.35, and 41.40 RCW who are not specified in
RCW 41.04.445 may choose to implement the employer pick
up of all member contributions without exception under
RCW 41.26.080(1)(a), 41.26.450, 41.40.330(1), 41.45.060,
[Title 41 RCW—page 17]
41.04.455
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.45.061, and 41.45.067 and chapter 41.34 RCW. If the
employer does so choose, the employer and members shall be
subject to the conditions and limitations of RCW 41.04.445
(3), (4), and (5) and RCW 41.04.455.
(2) An employer exercising the option under this section
may later choose to withdraw from and/or reestablish the
employer pick up of member contributions only once in a calendar year following forty-five days prior notice to the director of the department of retirement systems. [2003 c 294 § 1;
2000 c 247 § 1103; 1995 c 239 § 324; 1985 c 13 § 3; 1984 c
227 § 3.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Purpose—Application—Retrospective application—1985 c 13: See
notes following RCW 41.04.445.
Effective date—Conflict with federal requirements—Severability—
1984 c 227: See notes following RCW 41.04.440.
Benefits not contractual right until date specified: RCW 41.34.100.
41.04.455
41.04.455 Members' retirement contributions—Pick
up by employer—Conditions. The following two conditions apply to the employer pick up of member contributions
authorized under RCW 41.04.445 (section 2, chapter 227,
Laws of 1984):
(1) The retirement contributions, although designated as
member contributions, will be picked up by the employer, as
provided in RCW 41.04.445 (section 2, chapter 227, Laws of
1984) in lieu of contributions by the member.
(2) No retirement system member will have the option of
choosing to receive the contributed amounts directly instead
of having them paid by the employer to the retirement system. [1985 c 13 § 4.]
Purpose—Application—Retrospective application—1985 c 13: See
notes following RCW 41.04.445.
41.04.460
41.04.460 Financial planning for retirement—
Department of personnel to provide information to retirement system members. The department of personnel,
through the combined benefits communication project, shall
prepare information encouraging individual financial planning for retirement and describing the potential consequences
of early retirement, including members' assumption of health
insurance costs, members' receipt of reduced retirement benefits, and the increased period of time before members will
become eligible for cost-of-living adjustments. The department of retirement systems shall distribute the information to
members who are eligible to retire under the provisions of
chapter 234, Laws of 1992. Prior to retiring, such members
who elect to retire shall sign a statement acknowledging their
receipt and understanding of the information. [1992 c 234 §
10.]
41.04.500
41.04.500 Disability leave supplement for law
enforcement officers and fire fighters. County, municipal,
and political subdivision employers of full-time, commissioned law enforcement officers and full-time, paid fire fighters shall provide a disability leave supplement to such
[Title 41 RCW—page 18]
employees who qualify for payments under RCW 51.32.090
due to a temporary total disability. [1985 c 462 § 1.]
Program and fiscal review—1985 c 462: "The legislative budget committee shall cause to be conducted a program and fiscal review of the program established by RCW 41.04.500 through 41.04.530. The review shall be
conducted on or before June 30, 1987. In conducting the review, the legislative budget committee shall consider, but not be limited to, the following
issues:
(1) The fiscal impact of the program on local governmental entities;
(2) The number of claims made and allowed, and duration of claims
allowed, for disability leave supplement pursuant to RCW 41.04.500
through 41.04.530;
(3) The number of claimants for disability leave supplement under
RCW 41.04.500 through 41.04.530 who have not returned to active service
within six months from the injury or illness causing disability;
(4) The number of local governmental entities who have entered into
agreements with law enforcement officers and fire fighters which establish
benefits which are greater than those prescribed by RCW 41.04.500 through
41.04.530, and the number of employees covered by such agreements."
[1985 c 462 § 10.]
41.04.505
41.04.505 Disability leave supplement for law
enforcement officers and fire fighters—Amount. The disability leave supplement shall be an amount which, when
added to the amount payable under RCW 51.32.090 will
result in the employee receiving the same pay he or she
would have received for full time active service, taking into
account that industrial insurance payments are not subject to
federal income or social security taxes. [1985 c 462 § 2.]
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.510
41.04.510 Disability leave supplement for law
enforcement officers and fire fighters—Payment. The
disability leave supplement shall be paid as follows:
(1) The disability leave supplement shall begin on the
sixth calendar day from the date of the injury or illness which
entitles the employee to benefits under RCW 51.32.090. For
the purposes of this section, the day of injury shall constitute
the first calendar day.
(2) One-half of the amount of the supplement as defined
in RCW 41.04.505 shall be charged against the accrued paid
leave of the employee. In computing such charge, the
employer shall convert accumulated days, or other time units
as the case may be, to a money equivalent based on the base
monthly salary of the employee at the time of the injury or illness. "Base monthly salary" for the purposes of this section
means the amount earned by the employee before any voluntary or involuntary payroll deductions, and not including
overtime pay.
(3) One-half of the amount of the supplement as defined
in RCW 41.04.505 shall be paid by the employer.
If an employee has no accrued paid leave at the time of
an injury or illness which entitles him to benefits under RCW
51.32.090, or if accrued paid leave is exhausted during the
period of disability, the employee shall receive only that portion of the disability leave supplement prescribed by subsection (3) of this section. [1989 c 21 § 1; 1985 c 462 § 3.]
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.515
41.04.515 Disability leave supplement for law
enforcement officers and fire fighters—Time limitation.
The disability leave supplement provided by RCW 41.04.500
(2004 Ed.)
General Provisions
through 41.04.530 shall continue as long as the employee is
receiving benefits under RCW 51.32.090, up to a maximum
of six months from the date of the injury or illness. [1985 c
462 § 4.]
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.580
in any way affect any such agreements which may now exist.
[1985 c 462 § 11.]
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.540
41.04.520 Disability leave supplement for law
enforcement officers and fire fighters—Employee to perform light duty tasks. While an employee is receiving disability leave supplement, the employee, subject to the
approval of his or her treating physician, shall perform light
duty tasks in the employee's previous department as the
employer may require, with no reduction in the disability
leave supplement. [1985 c 462 § 5.]
41.04.540 Disability leave supplement for law
enforcement officers and fire fighters—Supplement not
required in smaller cities, towns, and counties. Cities and
towns with a population of less than twenty-five hundred and
counties with a population of less than ten thousand shall not
be required to provide a disability leave supplement to their
commissioned law enforcement officers and full-time paid
fire fighters who qualify for payments pursuant to RCW
51.32.090, due to temporary total disability. [1985 c 462 §
12.]
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.520
41.04.525
41.04.525 Disability leave supplement for law
enforcement officers and fire fighters—Continuation of
employee insurance benefits. The disability leave supplement provided in RCW 41.04.510(3) shall not be considered
salary or wages for personal services: PROVIDED, That the
employee shall also continue to receive all insurance benefits
provided in whole or in part by the employer, notwithstanding the fact that some portion of the cost of those benefits is
paid by the employee: PROVIDED FURTHER, That the
portion of the cost not paid by the employer continues to be
paid by the employee. [1989 c 11 § 10; 1985 c 462 § 7.]
Severability—1989 c 11: See note following RCW 9A.56.220.
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.530
41.04.530 Disability leave supplement for law
enforcement officers and fire fighters—Exhaustion of
accrued sick leave. If an employee's accrued sick leave is
exhausted during the period of disability, the employee may,
for a period of two months following return to active service,
draw prospectively upon sick leave the employee is expected
to accumulate up to a maximum of three days or three work
shifts, whichever is greater. Any sick leave drawn prospectively as provided in this section shall be charged against
earned sick leave until such time as the employee has accrued
the amount needed to restore the amount used. In the event an
employee terminates active service without having restored
the sick leave drawn prospectively, the employer shall deduct
the actual cost of any payments made under this section from
compensation or other money payable to the employee, or
otherwise recover such payments. [1985 c 462 § 8.]
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.535
41.04.535 Disability leave supplement for law
enforcement officers and fire fighters—Greater benefits
not precluded. Nothing in RCW 41.04.500 through
41.04.530 shall preclude employers of law enforcement
officers and fire fighters and such employees from entering
into agreements which provide benefits to employees which
are greater than those prescribed by RCW 41.04.500 through
41.04.530, nor is there any intent by the legislature to alter or
(2004 Ed.)
41.04.545
41.04.545 Disability leave supplement for law
enforcement officers and fire fighters—Vested right not
created. Chapter 462, Laws of 1985 neither grants employees a vested right to receive a disability leave supplement nor
creates a contractual obligation on behalf of the state or its
political subdivisions to provide a disability leave supplement. [1985 c 462 § 13.]
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.550
41.04.550 Disability leave supplement for law
enforcement officers and fire fighters—Not subject to
interest arbitration. Disability leave supplement payments
for employees covered by chapter 462, Laws of 1985 shall
not be subject to interest arbitration as defined in RCW
41.56.430 through 41.56.905. [1985 c 462 § 14.]
Program and fiscal review—1985 c 462: See note following RCW
41.04.500.
41.04.580
41.04.580 Dismissal of municipal employees during
World War II—Redress authorized. A municipality may
by ordinance or resolution provide for redress to any municipal employee or the surviving spouse of a municipal
employee who, due to the promulgation of federal Executive
Order 9066, was dismissed, terminated from a temporary
position, or rejected during the person's probationary period,
or who voluntarily resigned in lieu of dismissal from municipal employment, and who incurred salary and other employment related losses as a result thereof during the years 1942
through 1947. [1986 c 225 § 2.]
Legislative findings—1986 c 225: "The dismissal or termination of
various municipal employees during World War II resulted from the promulgation of federal Executive Order 9066 which was based mainly on fear and
suspicion rather than on factual justification. It is fair and just that redress be
made to those employees who were terminated from municipal employment
during the wartime years because of these circumstances. The legislature
therefore finds that equity and fairness will be served by authorizing municipalities to accept claims for salary and other employment related losses suffered by the municipal employees directly affected and to pay the claims
subject to the provisions of this chapter." [1986 c 225 § 1.]
Severability—1986 c 225: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 225 § 7.]
[Title 41 RCW—page 19]
41.04.585
Title 41 RCW: Public Employment, Civil Service, and Pensions
Reparations to state employees terminated during World War II: Chapter
41.68 RCW.
41.04.585
41.04.585 Dismissal of municipal employees during
World War II—Redress not mandatory. RCW 41.04.580
through 41.04.595 do not require a municipality to adopt an
ordinance or resolution providing for redress of salary and
other employment related losses. [1986 c 225 § 3.]
Legislative findings—Severability—1986 c 225: See notes following
RCW 41.04.580.
41.04.590
41.04.590 Dismissal of municipal employees during
World War II—Redress—Limitations. Under the system
of redress authorized under RCW 41.04.580 through
41.04.595:
(1) A municipality may determine in its sole discretion
the monetary amount of redress for salary and other employment related losses, which may not exceed five thousand dollars for any undivided claim.
(2) If a municipality adopts an ordinance or resolution
providing for redress of salary and other employment related
losses, it has no obligation to notify directly any person of
possible eligibility for redress of salary and other employment related losses. [1986 c 225 § 4.]
Legislative findings—Severability—1986 c 225: See notes following
RCW 41.04.580.
41.04.595
41.04.595 Dismissal of municipal employees during
World War II—Definitions. For the purposes of this chapter, "municipality" means a city, town, county, special purpose district, municipal corporation, quasi-municipal corporation, or political subdivision of the state of Washington. For
the purposes of this chapter, a "municipal employee" means
an employee of a municipality. [1986 c 225 § 5.]
Legislative findings—Severability—1986 c 225: See notes following
RCW 41.04.580.
41.04.600
41.04.600 Dependent care—Salary reduction plan—
Purpose. (1) The state of Washington may enter into salary
reduction agreements with employees pursuant to the Internal
Revenue Code, 26 U.S.C. Sec. 125 for the purpose of making
it possible for employees to select on a "before-tax basis" certain taxable and nontaxable benefits pursuant to 26 U.S.C.
Sec. 125. The purpose of the salary reduction plan established in this chapter is to attract and retain individuals in
governmental service by permitting them to enter into agreements with the state to provide for benefits pursuant to 26
U.S.C. Sec. 129.
(2) Nothing in the salary reduction plan constitutes an
employment agreement between the participant and the state,
and nothing contained in the participant's salary reduction
agreement, the plan, or RCW 41.04.605 through 41.04.645
gives a participant any right to be retained in state employment. [1987 c 475 § 1.]
Severability—1987 c 475: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 475 § 13.]
41.04.605
41.04.605 Dependent care—Salary reduction plan—
Definitions. Unless the context clearly requires otherwise,
[Title 41 RCW—page 20]
the definitions in this section apply throughout RCW
41.04.610 through 41.04.635.
(1) "Salary reduction plan" means a plan whereby state
employees and officers may agree to a reduction of salary
which reduction will allow the employee to participate in
benefits offered pursuant to 26 U.S.C. Sec. 125.
(2) "Department" means the department of retirement
systems.
(3) "Salary" means a state employee's or officer's
monthly salary or wages.
(4) "Dependent care program" means the program for the
care of dependents pursuant to 26 U.S.C. Sec. 129 financed
from funds deposited in the salary reduction account in the
state treasury for the purpose of holding and disbursing the
funds deposited under the auspices of the salary reduction
plan.
(5) "Participant" means an individual who fulfills the eligibility and enrollment requirements under the salary reduction plan.
(6) "Plan year" means the time period established by the
department. [1998 c 116 § 3; 1987 c 475 § 2.]
Severability—1987 c 475: See note following RCW 41.04.600.
41.04.610
41.04.610 Dependent care—Salary reduction plan—
Powers and duties of department. The department shall
have responsibility for the formulation and adoption of a plan
and policies and procedures designed to guide, direct, and
administer the salary reduction plan. [1998 c 116 § 4; 1987 c
475 § 3.]
Severability—1987 c 475: See note following RCW 41.04.600.
41.04.615
41.04.615 Dependent care—Salary reduction plan
document—Funds, fees, and appropriations—Dependent
care administrative account created—Presumptions. (1)
A plan document describing the salary reduction plan shall be
adopted and administered by the department. The department
shall represent the state in all matters concerning the administration of the plan. The state through the department, may
engage the services of a professional consultant or administrator on a contractual basis to serve as an agent to assist the
department in carrying out the purposes of RCW 41.04.600
through 41.04.645.
(2) The department shall formulate and establish policies
and procedures for the administration of the salary reduction
plan that are consistent with existing state law, the internal
revenue code, and the regulations adopted by the internal revenue service as they may apply to the benefits offered to participants under the plan.
(3) The funds held by the state for the dependent care
program shall be deposited in the salary reduction account in
the state treasury. Any interest in excess of the amount used
to defray the cost of administering the salary reduction plan
shall become a part of the general fund. Unclaimed moneys
remaining in the salary reduction account at the end of a plan
year after all timely submitted claims for that plan year have
been processed shall become a part of the dependent care
administrative account. The department may assess each participant a fee for administering the salary reduction plan. In
addition to moneys for initial costs, moneys may be appropriated from the general fund or dependent care administrative
(2004 Ed.)
General Provisions
account for any expense relating to the administration of the
salary reduction plan.
(4) The dependent care administrative account is created
in the state treasury. The department may periodically bill
agencies for employer savings experienced as the result of
dependent care program participation by employees. All
receipts from the following shall be deposited in the account:
(a) Charges to agencies for all or a portion of the estimated
savings due to reductions in employer contributions under the
social security act; (b) charges for other similar savings; (c)
unclaimed moneys in the salary reduction account at the end
of the plan year after all timely submitted claims for that plan
year have been processed; and (d) fees charged to participants. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for
any expense related to the administration of the salary reduction plan.
(5) Every action taken by the department in administering RCW 41.04.600 through 41.04.645 shall be presumed to
be a fair and reasonable exercise of the authority vested in or
the duties imposed upon it. The department shall be presumed to have exercised reasonable care, diligence, and prudence and to have acted impartially as to all persons interested unless the contrary be proved by clear and convincing
affirmative evidence. [1998 c 116 § 5; 1993 c 34 § 1; 1987 c
475 § 4.]
Effective date—1993 c 34: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 34 § 3.]
Severability—1987 c 475: See note following RCW 41.04.600.
41.04.620
41.04.620 Dependent care—Salary reduction plan—
Participation by eligible persons—Enrollment, termination, or modification. (1) Elected officials and all permanent officers and employees of the state are eligible to participate in the salary reduction plan and reduce their salary by
agreement with the department. The department may adopt
rules to permit participation in the plan by temporary
employees of the state.
(2) Persons eligible under subsection (1) of this section
may enter into salary reduction agreements with the state.
(3)(a) In the initial year of the salary reduction plan, an
eligible person may become a participant after the adoption
of the plan and before its effective date by agreeing to have a
portion of his or her gross salary reduced and deposited into a
dependent care account to be used for reimbursement of
expenses covered by the plan.
(b) After the initial year of the salary reduction plan, an
eligible person may become a participant for a full plan year,
with annual benefit selection for each new plan year made
before the beginning of the plan year, as determined by the
department, or upon becoming eligible.
(c) Once an eligible person elects to participate and
determines the amount his or her salary shall be reduced and
the benefit for which the funds are to be used during the plan
year, the agreement shall be irrevocable and may not be
amended during the plan year except as provided in (d) of this
subsection. Prior to making an election to participate in the
salary reduction plan, the eligible person shall be informed in
(2004 Ed.)
41.04.640
writing of all the benefits and reductions that will occur as a
result of such election.
(d) The department shall provide in the salary reduction
plan that a participant may enroll, terminate, or change his or
her election after the plan year has begun if there is a significant change in a participant's status, as provided by 26 U.S.C.
Sec. 125 and the regulations adopted under that section.
(4) The department shall establish as part of the salary
reduction plan the procedures for and effect of withdrawal
from the plan by reason of retirement, death, leave of
absence, or termination of employment. To the extent possible under federal law, the department shall protect participants from forfeiture of rights under the plan.
(5) Any salary reduced under the salary reduction plan
shall continue to be included as regular compensation for the
purpose of computing the state retirement and pension benefits earned by the employee. [1998 c 116 § 6; 1987 c 475 §
5.]
Severability—1987 c 475: See note following RCW 41.04.600.
41.04.625
41.04.625 Dependent care—Salary reduction
account. The salary reduction account is established in the
state treasury. All fees paid to reimburse participants or service providers pursuant to the provisions of RCW 41.04.600
through 41.04.645 shall be paid from the salary reduction
account. [1987 c 475 § 6.]
Severability—1987 c 475: See note following RCW 41.04.600.
41.04.630
41.04.630 Dependent care—Salary reduction plan—
Records and reports. (1) The department shall keep or
cause to be kept full and adequate accounts and records of the
assets, obligations, transactions, and affairs of a salary reduction plan created under RCW 41.04.615.
(2) The department shall file an annual report of the
financial condition, transactions, and affairs of the salary
reduction plan under the department's jurisdiction. [1998 c
245 § 36; 1998 c 116 § 7; 1987 c 475 § 7.]
Reviser's note: This section was amended by 1998 c 116 § 7 and by
1998 c 245 § 36, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—1987 c 475: See note following RCW 41.04.600.
41.04.635
41.04.635 Dependent care—Salary reduction plan—
Termination or amendment of plan. (1) The state may terminate the salary reduction plan at the end of the plan year or
upon notification of federal action affecting the status of the
plan.
(2) The department may amend the salary reduction plan
at any time if the amendment does not affect the rights of the
participants to receive eligible reimbursement from the participants' dependent care accounts. [1998 c 116 § 8; 1987 c
475 § 8.]
Severability—1987 c 475: See note following RCW 41.04.600.
41.04.640
41.04.640 Dependent care—Salary reduction plan—
Adoption of rules. The department shall adopt rules to
implement RCW 41.04.610 through 41.04.635. [1998 c 116
§ 9; 1987 c 475 § 9.]
Severability—1987 c 475: See note following RCW 41.04.600.
[Title 41 RCW—page 21]
41.04.645
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.04.645 Dependent care—Salary reduction plan—
Construction of statutes. RCW 41.04.600 through
41.04.640 shall be construed to effectuate the purposes of 26
U.S.C. Sec. 125. [1987 c 475 § 10.]
41.04.645
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1989 c 93: See note following RCW 41.04.650.
41.04.660
Severability—1987 c 475: See note following RCW 41.04.600.
41.04.650
41.04.650 Leave sharing program—Intent. The legislature finds that: (1) State employees historically have
joined together to help their fellow employees who suffer
from, or have relatives or household members suffering from,
an extraordinary or severe illness, injury, impairment, or
physical or mental condition which prevents the individual
from working and causes great economic and emotional distress to the employee and his or her family; and (2) these circumstances may be exacerbated because the affected
employees use all their accrued sick leave and annual leave
and are forced to take leave without pay or terminate their
employment. Therefore, the legislature intends to provide for
the establishment of a leave sharing program. [1989 c 93 §
1.]
Severability—1989 c 93: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1989 c 93 § 8.]
41.04.655
41.04.655 Leave sharing program—Definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout RCW 41.04.650 through
41.04.670, 28A.400.380, and section 7, chapter 93, Laws of
1989.
(1) "Employee" means any employee of the state, including employees of school districts and educational service districts, who are entitled to accrue sick leave or annual leave
and for whom accurate leave records are maintained.
(2) "Program" means the leave sharing program established in RCW 41.04.660.
(3) "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active
duty, active duty for training, initial active duty for training,
inactive duty training, full-time national guard duty including
state-ordered active duty, and a period for which a person is
absent from a position of employment for the purpose of an
examination to determine the fitness of the person to perform
any such duty.
(4) "State agency" or "agency" means departments,
offices, agencies, or institutions of state government, the legislature, institutions of higher education, school districts, and
educational service districts.
(5) "Uniformed services" means the armed forces, the
army national guard, and the air national guard of any state,
territory, commonwealth, possession, or district when
engaged in active duty for training, inactive duty training,
full-time national guard duty, or state active duty, the commissioned corps of the public health service, the coast guard,
and any other category of persons designated by the president
of the United States in time of war or national emergency.
[2003 1st sp.s. c 12 § 1; 1990 c 33 § 569; 1989 c 93 § 2.]
Effective date—2003 1st sp.s. c 12: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 20, 2003]." [2003 1st sp.s. c 12 § 4.]
[Title 41 RCW—page 22]
41.04.660 Leave sharing program—Created. The
Washington state leave sharing program is hereby created.
The purpose of the program is to permit state employees, at
no significantly increased cost to the state of providing
annual leave, sick leave, or personal holidays, to come to the
aid of a fellow state employee who is suffering from or has a
relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition, or who has been called to service in the uniformed services, which has caused or is likely to cause the
employee to take leave without pay or terminate his or her
employment. [2003 1st sp.s. c 12 § 2; 1996 c 176 § 2; 1990 c
23 § 1; 1989 c 93 § 3.]
Effective date—2003 1st sp.s. c 12: See note following RCW
41.04.655.
Severability—1989 c 93: See note following RCW 41.04.650.
41.04.665
41.04.665 Leave sharing program—When employee
may receive leave—When employee may transfer
accrued leave—Transfer of leave between employees of
different agencies. (1) An agency head may permit an
employee to receive leave under this section if:
(a)(i) The employee suffers from, or has a relative or
household member suffering from, an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature; or
(ii) The employee has been called to service in the uniformed services;
(b) The illness, injury, impairment, condition, or call to
service has caused, or is likely to cause, the employee to:
(i) Go on leave without pay status; or
(ii) Terminate state employment;
(c) The employee's absence and the use of shared leave
are justified;
(d) The employee has depleted or will shortly deplete his
or her:
(i) Annual leave and sick leave reserves if he or she qualifies under (a)(i) of this subsection; or
(ii) Annual leave and paid military leave allowed under
RCW 38.40.060 if he or she qualifies under (a)(ii) of this subsection;
(e) The employee has abided by agency rules regarding:
(i) Sick leave use if he or she qualifies under (a)(i) of this
subsection; or
(ii) Military leave if he or she qualifies under (a)(ii) of
this subsection; and
(f) The employee has diligently pursued and been found
to be ineligible for benefits under chapter 51.32 RCW if he or
she qualifies under (a)(i) of this subsection.
(2) The agency head shall determine the amount of leave,
if any, which an employee may receive under this section.
However, an employee shall not receive a total of more than
two hundred sixty-one days of leave.
(3) An employee may transfer annual leave, sick leave,
and his or her personal holiday, as follows:
(a) An employee who has an accrued annual leave balance of more than ten days may request that the head of the
(2004 Ed.)
General Provisions
agency for which the employee works transfer a specified
amount of annual leave to another employee authorized to
receive leave under subsection (1) of this section. In no event
may the employee request a transfer of an amount of leave
that would result in his or her annual leave account going
below ten days. For purposes of this subsection (3)(a),
annual leave does not accrue if the employee receives compensation in lieu of accumulating a balance of annual leave.
(b) An employee may transfer a specified amount of sick
leave to an employee requesting shared leave only when the
donating employee retains a minimum of one hundred seventy-six hours of sick leave after the transfer.
(c) An employee may transfer, under the provisions of
this section relating to the transfer of leave, all or part of his
or her personal holiday, as that term is defined under RCW
1.16.050, or as such holidays are provided to employees by
agreement with a school district's board of directors if the
leave transferred under this subsection does not exceed the
amount of time provided for personal holidays under RCW
1.16.050.
(4) An employee of an institution of higher education
under RCW 28B.10.016, school district, or educational service district who does not accrue annual leave but does
accrue sick leave and who has an accrued sick leave balance
of more than twenty-two days may request that the head of
the agency for which the employee works transfer a specified
amount of sick leave to another employee authorized to
receive leave under subsection (1) of this section. In no event
may such an employee request a transfer that would result in
his or her sick leave account going below twenty-two days.
Transfers of sick leave under this subsection are limited to
transfers from employees who do not accrue annual leave.
Under this subsection, "sick leave" also includes leave
accrued pursuant to RCW 28A.400.300(2) or
28A.310.240(1) with compensation for illness, injury, and
emergencies.
(5) Transfers of leave made by an agency head under
subsections (3) and (4) of this section shall not exceed the
requested amount.
(6) Leave transferred under this section may be transferred from employees of one agency to an employee of the
same agency or, with the approval of the heads of both agencies, to an employee of another state agency. However, leave
transferred to or from employees of school districts or educational service districts is limited to transfers to or from
employees within the same employing district.
(7) While an employee is on leave transferred under this
section, he or she shall continue to be classified as a state
employee and shall receive the same treatment in respect to
salary, wages, and employee benefits as the employee would
normally receive if using accrued annual leave or sick leave.
(a) All salary and wage payments made to employees
while on leave transferred under this section shall be made by
the agency employing the person receiving the leave. The
value of leave transferred shall be based upon the leave value
of the person receiving the leave.
(b) In the case of leave transferred by an employee of one
agency to an employee of another agency, the agencies
involved shall arrange for the transfer of funds and credit for
the appropriate value of leave.
(2004 Ed.)
41.04.700
(i) Pursuant to rules adopted by the office of financial
management, funds shall not be transferred under this section
if the transfer would violate any constitutional or statutory
restrictions on the funds being transferred.
(ii) The office of financial management may adjust the
appropriation authority of an agency receiving funds under
this section only if and to the extent that the agency's existing
appropriation authority would prevent it from expending the
funds received.
(iii) Where any questions arise in the transfer of funds or
the adjustment of appropriation authority, the director of
financial management shall determine the appropriate transfer or adjustment.
(8) Leave transferred under this section shall not be used
in any calculation to determine an agency's allocation of full
time equivalent staff positions.
(9) The value of any leave transferred under this section
which remains unused shall be returned at its original value to
the employee or employees who transferred the leave when
the agency head finds that the leave is no longer needed or
will not be needed at a future time in connection with the illness or injury for which the leave was transferred. To the
extent administratively feasible, the value of unused leave
which was transferred by more than one employee shall be
returned on a pro rata basis.
(10) An employee who uses leave that is transferred to
him or her under this section may not be required to repay the
value of the leave that he or she used. [2003 1st sp.s. c 12 §
3; 1999 c 25 § 1; 1996 c 176 § 1; 1990 c 23 § 2; 1989 c 93 §
4.]
Effective date—2003 1st sp.s. c 12: See note following RCW
41.04.655.
Severability—1989 c 93: See note following RCW 41.04.650.
41.04.670
41.04.670 Leave sharing program—Adoption of
rules. The Washington personnel resources board and other
personnel authorities shall each adopt rules applicable to
employees under their respective jurisdictions: (1) Establishing appropriate parameters for the program which are consistent with the provisions of RCW 41.04.650 through
41.04.665; (2) providing for equivalent treatment of employees between their respective jurisdictions and allowing transfers of leave in accordance with RCW 41.04.665(5); (3)
establishing procedures to ensure that the program does not
significantly increase the cost of providing leave; and (4) providing for the administration of the program and providing
for maintenance and collection of sufficient information on
the program to allow a thorough legislative review. [1993 c
281 § 18; 1990 c 23 § 3; 1989 c 93 § 5.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Temporary policies—1989 c 93: "School districts, the department of
personnel, the higher education personnel board, and other personnel authorities may adopt temporary emergency policies and procedures to implement
the program on April 20, 1989, so that donated leave may be used in lieu of
leave without pay taken after April 20, 1989." [1989 c 93 § 7.]
Severability—1989 c 93: See note following RCW 41.04.650.
41.04.700
41.04.700 Employee assistance program—Intent.
The legislature finds that:
(1) Assisting employees in resolving personal problems
that impair their performance will result in a more productive
[Title 41 RCW—page 23]
41.04.710
Title 41 RCW: Public Employment, Civil Service, and Pensions
work force, better morale, reduced stress, reduced use of
medical benefits, reduced absenteeism, lower turnover rates,
and fewer accidents;
(2) A substantial number of employee problems can be
identified and the employees referred to treatment by an
employee assistance program;
(3) The state, as an employer, desires to foster a working
environment that promotes safety and productivity as well as
the health and well-being of its employees.
Therefore, it is the purpose of RCW 41.04.710 through
41.04.730 to assist state employees by establishing a state
employee assistance program. [1990 c 60 § 301.]
Severability—Subheadings not law—1990 c 60: See notes following
RCW 41.06.070.
41.04.710
41.04.710 Employee assistance program—Created.
The employee assistance program is hereby created to provide support and services to state employees who have personal problems that impair their performance in the work
place. The goal of the program is to help promote a safe, productive, and healthy state work force by assisting state
employees and their supervisors to identify and deal with
such personal problems. However, nothing in this chapter
relieves employees from the responsibility of performing
their jobs in an acceptable manner. [1990 c 60 § 302.]
Severability—Subheadings not law—1990 c 60: See notes following
RCW 41.06.070.
41.04.720
41.04.720 Employee assistance program—*Director
of human resources—Duties. The *director of human
resources shall:
(1) Administer the state employee assistance program to
assist employees who have personal problems that adversely
affect their job performance or have the potential of doing so;
(2) Develop policies, procedures, and activities for the
program;
(3) Encourage and promote the voluntary use of the
employee assistance program by increasing employee awareness and disseminating educational materials;
(4) Provide technical assistance and training to agencies
on how to use the employee assistance program;
(5) Assist and encourage supervisors to identify and refer
employees with problems that impair their performance by
incorporating proper use of the program in management
training, management performance criteria, ongoing communication with agencies, and other appropriate means;
(6) Offer substance abuse prevention and awareness
activities to be provided through the employee assistance
program and the state employee wellness program;
(7) Monitor and evaluate the effectiveness of the program, including the collection, analysis, and publication of
relevant statistical information; and
(8) Consult with state agencies, institutions of higher
education, and employee organizations in carrying out the
purposes of RCW 41.04.700 through 41.04.730. [1990 c 60
§ 303.]
*Reviser's note: The reference to the "director of human resources" is
erroneous. In the final version of House Bill No. 2567, all other references
were changed to the "director of personnel."
Severability—Subheadings not law—1990 c 60: See notes following
RCW 41.06.070.
[Title 41 RCW—page 24]
41.04.730
41.04.730 Employee assistance program—Information confidential—Exceptions. Individual employees' participation in the employee assistance program and all individually identifiable information gathered in the process of conducting the program shall be held in strict confidence; except
that agency management may be provided with the following
information about employees referred by that agency management due to poor job performance:
(1) Whether or not the referred employee made an
appointment;
(2) The date and time the employee arrived and departed;
(3) Whether the employee agreed to follow the advice of
counselors; and
(4) Whether further appointments were scheduled.
Participation or nonparticipation by any employee in the
employee assistance program shall not be a factor in any
decision affecting an employee's job security, promotional
opportunities, corrective or disciplinary action, or other
employment rights. [1990 c 60 § 304.]
Severability—Subheadings not law—1990 c 60: See notes following
RCW 41.06.070.
41.04.750
41.04.750 Supported employment—Definitions.
Unless the context clearly requires otherwise the definitions
in this section apply throughout RCW 41.04.760 through
41.04.780.
(1) "Developmental disability" means a disability as
defined in RCW 71A.10.020.
(2) "Significant disability" means a disability as defined
in 29 U.S.C. Sec. 705.
(3) "Supported employment" means employment for
individuals with developmental disabilities or other significant disabilities who require on-the-job training and longterm support in order to fulfill their job duties successfully.
Supported employment offers the same wages and benefits as
similar nonsupported employment positions.
(4) "State agency" means any office, department, division, bureau, board, commission, community college or institution of higher education, or agency of the state of Washington. [1999 c 178 § 2; 1997 c 287 § 2.]
Finding—1997 c 287: "The legislature finds that the rate of unemployment among individuals with developmental disabilities or other significant
disabilities is high due to the limited employment opportunities available to
them. Given that individuals with developmental disabilities or other significant disabilities are capable of filling employment positions in the general
work force population, supported employment is an effective way of integrating such individuals into the general work force population. The creation
of supported employment programs can increase the types and availability of
employment positions for individuals with developmental disabilities or
other significant disabilities." [1999 c 178 § 1; 1997 c 287 § 1.]
41.04.760
41.04.760 Supported employment—State agency
participation. State agencies are encouraged to participate
in supported employment activities. The department of social
and health services, in conjunction with the department of
personnel and the office of financial management, shall identify agencies that have positions and funding conducive to
implementing supported employment. An agency may only
participate in supported employment activities pursuant to
this section if the agency is able to operate the program
within its existing budget. These agencies shall:
(2004 Ed.)
State Health Care Authority
(1) Designate a coordinator who will be responsible for
information and resource referral regarding the agency's supported employment program. The coordinator shall serve as a
liaison between the agency and the department of personnel
regarding supported employment;
(2) Submit an annual update to the department of social
and health services, the department of personnel, and the
office of financial management. The annual update shall
include: A description of the agency's supported employment efforts, the number of individuals placed in supported
employment positions, and an overall evaluation of the effectiveness of supported employment for the agency. [1999 c
178 § 3; 1997 c 287 § 3.]
Finding—1997 c 287: See note following RCW 41.04.750.
41.04.770
41.04.770 Supported employment—Implementation.
The department of social and health services and the department of personnel shall, after consultation with supported
employment provider associations and other interested parties, encourage, educate, and assist state agencies in implementing supported employment programs. The department of
personnel shall provide human resources technical assistance
to agencies implementing supported employment programs.
The department of personnel shall make available, upon
request of the legislature, an annual report that evaluates the
overall progress of supported employment in state government. [1997 c 287 § 4.]
Finding—1997 c 287: See note following RCW 41.04.750.
41.04.780
41.04.780 Supported employment—Impact on other
employment positions. The creation of supported employment positions under RCW 41.04.760 and 41.04.770 shall
not count against an agency's allotted full-time equivalent
employee positions. Supported employment programs are not
intended to displace employees or abrogate any reduction-inforce rights. [1997 c 287 § 5.]
Finding—1997 c 287: See note following RCW 41.04.750.
41.04.800
41.04.800 Chapter not applicable to officers and
employees of state convention and trade center. The provisions of this chapter shall not be applicable to the officers
and employees of the nonprofit corporation formed under
chapter 67.40 RCW. [1984 c 210 § 5.]
Savings—Severability—1984 c 210: See notes following RCW
67.40.020.
Chapter 41.05
(Formerly: State employees' insurance and health care)
41.05.006
41.05.011
41.05.013
41.05.015
41.05.017
41.05.021
41.05.022
41.05.026
41.05.031
41.05.050
41.05.055
41.05.065
41.05.075
41.05.080
41.05.085
41.05.090
41.05.100
41.05.110
41.05.120
41.05.130
41.05.140
41.05.143
41.05.160
41.05.165
41.05.170
41.05.180
41.05.183
41.05.185
41.05.190
41.05.195
41.05.197
41.05.220
41.05.225
41.05.230
41.05.240
41.05.280
41.05.300
41.05.310
41.05.320
41.05.330
41.05.340
41.05.350
41.05.360
41.05.400
41.05.500
Severability—Effective date—2004 c 3: See notes following RCW
74.39A.270.
(2004 Ed.)
Chapter 41.05 RCW
STATE HEALTH CARE AUTHORITY
Sections
41.04.810
41.04.810 Title not applicable to individual providers. Individual providers, as defined in RCW 74.39A.240,
are not employees of the state or any of its political subdivisions and are specifically and entirely excluded from all provisions of this title, except as provided in RCW 74.39A.270.
[2004 c 3 § 3.]
Chapter 41.05
41.05.510
41.05.520
41.05.530
41.05.900
41.05.901
Purpose.
Definitions.
State purchased health care programs—Uniform policies.
Medical director.
Provisions applicable to health plans offered under this chapter.
State health care authority—Administrator—Cost control and
delivery strategies—Managed competition.
State agent for purchasing health services—Single community-rated risk pool.
Contracts—Proprietary data, trade secrets, actuarial formulas,
statistics, cost and utilization data—Exemption from public
inspection—Executive sessions.
Agencies to establish health care information systems.
Contributions for employees and dependents.
Public employees' benefits board—Members.
Public employees' benefits board—Duties.
Employee benefit plans—Contracts with insuring entities.
Participation in insurance plans and contracts—Retired, disabled, or separated employees—Certain surviving spouses
and dependent children.
Retired or disabled school employee health insurance subsidy.
Continuation of coverage of employee, spouse, or covered
dependent ineligible under state plan—Exceptions.
Chapter not applicable to certain employees of Cooperative
Extension Service.
Chapter not applicable to officers and employees of state convention and trade center.
Public employees' and retirees' insurance account.
State health care authority administrative account.
Payment of claims—Self-insurance—Insurance reserve funds
created.
Uniform medical plan benefits administration account—Uniform dental plan benefits administration account.
Rules.
Rules—Insurance benefit reimbursement.
Neurodevelopmental therapies—Employer-sponsored group
contracts.
Mammograms—Insurance coverage.
General anesthesia services for dental procedures—Public
employee benefit plans.
Diabetes benefits—State-purchased health care.
Medicare supplemental insurance plan.
Medicare supplemental insurance policies.
Medicare supplemental insurance policies—January 1995 federal waiver threshold.
Community and migrant health centers—Maternity health
care centers—People of color—Underserved populations.
Blind licensees in the business enterprises program—Plan of
health insurance.
Multicultural health care technical assistance program.
American Indian health care delivery plan.
Department of corrections—Inmate health care.
Benefits contribution plan—Authorized.
Benefits contribution plan—Policies and procedures—Plan
document.
Benefits contribution plan—Eligibility—Participation, withdrawal.
Benefits contribution plan—Accounts and records.
Benefits contribution plan—Termination—Amendment.
Benefits contribution plan—Rules.
Benefits contribution plan—Construction.
Plan of health care coverage—Available funds—Components—Eligibility—Administrator's duties.
Prescription drug price discounts—Eligibility—Penalty—
Enrollment fee.
Prescription drug purchasing account.
Pharmacy connection program—Notice.
Prescription drug assistance, education—Rules.
Short title.
Implementation—Effective dates—1988 c 107.
Hospitalization and health care for county, municipal and other political
subdivision employees: RCW 41.04.180.
Monitoring enrollee level in basic health plan and medicaid caseload of children—Funding levels adjustment: RCW 43.41.260.
Prepaid chiropractic, pilot projects: RCW 18.25.200.
[Title 41 RCW—page 25]
41.05.006
Title 41 RCW: Public Employment, Civil Service, and Pensions
Requirement to seek federal waivers and state law changes to medicaid
assistance program: RCW 43.20A.860.
41.05.006
41.05.006 Purpose. (1) The legislature recognizes that
(a) the state is a major purchaser of health care services, (b)
the increasing costs of such health care services are posing
and will continue to pose a great financial burden on the state,
(c) it is the state's policy, consistent with the best interests of
the state, to provide comprehensive health care as an
employer, to state employees and officials and their dependents and to those who are dependent on the state for necessary medical care, and (d) it is imperative that the state begin
to develop effective and efficient health care delivery systems and strategies for procuring health care services in order
for the state to continue to purchase the most comprehensive
health care possible.
(2) It is therefore the purpose of this chapter to establish
the Washington state health care authority whose purpose
shall be to (a) develop health care benefit programs, funded
to the fullest extent possible by the employer, that provide
comprehensive health care for eligible state employees, officials, and their dependents, and (b) study all state-purchased
health care, alternative health care delivery systems, and
strategies for the procurement of health care services and
make recommendations aimed at minimizing the financial
burden which health care poses on the state, its employees,
and its charges, while at the same time allowing the state to
provide the most comprehensive health care possible. [1988
c 107 § 2.]
41.05.011
41.05.011 Definitions. Unless the context clearly
requires otherwise, the definitions in this section shall apply
throughout this chapter.
(1) "Administrator" means the administrator of the
authority.
(2) "State purchased health care" or "health care" means
medical and health care, pharmaceuticals, and medical equipment purchased with state and federal funds by the department of social and health services, the department of health,
the basic health plan, the state health care authority, the
department of labor and industries, the department of corrections, the department of veterans affairs, and local school districts.
(3) "Authority" means the Washington state health care
authority.
(4) "Insuring entity" means an insurer as defined in chapter 48.01 RCW, a health care service contractor as defined in
chapter 48.44 RCW, or a health maintenance organization as
defined in chapter 48.46 RCW.
(5) "Flexible benefit plan" means a benefit plan that
allows employees to choose the level of health care coverage
provided and the amount of employee contributions from
among a range of choices offered by the authority.
(6) "Employee" includes all full-time and career seasonal
employees of the state, whether or not covered by civil service; elected and appointed officials of the executive branch
of government, including full-time members of boards, commissions, or committees; and includes any or all part-time
and temporary employees under the terms and conditions
established under this chapter by the authority; justices of the
supreme court and judges of the court of appeals and the
[Title 41 RCW—page 26]
superior courts; and members of the state legislature or of the
legislative authority of any county, city, or town who are
elected to office after February 20, 1970. "Employee" also
includes: (a) Employees of a county, municipality, or other
political subdivision of the state if the legislative authority of
the county, municipality, or other political subdivision of the
state seeks and receives the approval of the authority to provide any of its insurance programs by contract with the
authority, as provided in RCW 41.04.205; (b) employees of
employee organizations representing state civil service
employees, at the option of each such employee organization,
and, effective October 1, 1995, employees of employee organizations currently pooled with employees of school districts
for the purpose of purchasing insurance benefits, at the option
of each such employee organization; and (c) employees of a
school district if the authority agrees to provide any of the
school districts' insurance programs by contract with the
authority as provided in RCW 28A.400.350.
(7) "Board" means the public employees' benefits board
established under RCW 41.05.055.
(8) "Retired or disabled school employee" means:
(a) Persons who separated from employment with a
school district or educational service district and are receiving a retirement allowance under chapter 41.32 or 41.40
RCW as of September 30, 1993;
(b) Persons who separate from employment with a
school district or educational service district on or after October 1, 1993, and immediately upon separation receive a
retirement allowance under chapter 41.32, 41.35, or 41.40
RCW;
(c) Persons who separate from employment with a
school district or educational service district due to a total and
permanent disability, and are eligible to receive a deferred
retirement allowance under chapter 41.32, 41.35, or 41.40
RCW.
(9) "Benefits contribution plan" means a premium only
contribution plan, a medical flexible spending arrangement,
or a cafeteria plan whereby state and public employees may
agree to a contribution to benefit costs which will allow the
employee to participate in benefits offered pursuant to 26
U.S.C. Sec. 125 or other sections of the internal revenue
code.
(10) "Salary" means a state employee's monthly salary or
wages.
(11) "Participant" means an individual who fulfills the
eligibility and enrollment requirements under the benefits
contribution plan.
(12) "Plan year" means the time period established by
the authority.
(13) "Separated employees" means persons who separate
from employment with an employer as defined in:
(a) RCW 41.32.010(11) on or after July 1, 1996; or
(b) RCW 41.35.010 on or after September 1, 2000; or
(c) RCW 41.40.010 on or after March 1, 2002;
and who are at least age fifty-five and have at least ten years
of service under the teachers' retirement system plan 3 as
defined in RCW 41.32.010(40), the Washington school
employees' retirement system plan 3 as defined in RCW
41.35.010, or the public employees' retirement system plan 3
as defined in RCW 41.40.010.
(2004 Ed.)
State Health Care Authority
(14) "Emergency service personnel killed in the line of
duty" means law enforcement officers and fire fighters as
defined in RCW 41.26.030, and reserve officers and fire
fighters as defined in RCW 41.24.010 who die as a result of
injuries sustained in the course of employment as determined
consistent with Title 51 RCW by the department of labor and
industries. [2001 c 165 § 2. Prior: 2000 c 247 § 604; 2000 c
230 § 3; 1998 c 341 § 706; 1996 c 39 § 21; 1995 1st sp.s. c 6
§ 2; 1994 c 153 § 2; prior: 1993 c 492 § 214; 1993 c 386 § 5;
1990 c 222 § 2; 1988 c 107 § 3.]
Effective date—2001 c 165 § 2: "Section 2 of this act takes effect
March 1, 2002." [2001 c 165 § 5.]
Effective date—Application—2001 c 165: "This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and except for
section 2 of this act takes effect immediately [May 7, 2001]. This act applies
to surviving spouses and dependent children of emergency service personnel
killed in the line of duty on or after January 1, 1998." [2001 c 165 § 6.]
Effective date—2000 c 230: See note following RCW 41.35.630.
41.05.021
(2) The administrator may invite health care provider
organizations, carriers, other health care purchasers, and consumers to participate in efforts undertaken under this section.
(3) For the purposes of this section "best available scientific and medical evidence" means the best available external
clinical evidence derived from systematic research. [2003 c
276 § 1.]
Rule making—2003 c 276: "Agencies administering state purchased
health care programs shall cooperatively adopt rules necessary to implement
this act." [2003 c 276 § 2.]
41.05.015
41.05.015 Medical director. The administrator shall
designate a medical director who is licensed under chapter
18.57 or 18.71 RCW. [2000 c 5 § 16.]
Intent—Purpose—2000 c 5: See RCW 48.43.005.
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
Effective date—1998 c 341: See RCW 41.35.901.
41.05.017
Effective dates—1996 c 39: See note following RCW 41.32.010.
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Intent—1994 c 153: "It is the intent of the legislature to increase access
to health insurance for retired and disabled state and school district employees and to increase equity between state and school employees and between
state and school retirees." [1994 c 153 § 1.]
Effective dates—1994 c 153: "This act shall take effect January 1,
1995, except section 15 of this act, which takes effect October 1, 1995."
[1994 c 153 § 16.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Intent—1993 c 386: See note following RCW 28A.400.391.
Effective date—1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: See note following RCW 28A.400.391.
41.05.013
41.05.013 State purchased health care programs—
Uniform policies. (1) The authority shall coordinate state
agency efforts to develop and implement uniform policies
across state purchased health care programs that will ensure
prudent, cost-effective health services purchasing, maximize
efficiencies in administration of state purchased health care
programs, improve the quality of care provided through state
purchased health care programs, and reduce administrative
burdens on health care providers participating in state purchased health care programs. The policies adopted should be
based, to the extent possible, upon the best available scientific and medical evidence and shall endeavor to address:
(a) Methods of formal assessment, such as health technology assessment. Consideration of the best available scientific evidence does not preclude consideration of experimental or investigational treatment or services under a clinical
investigation approved by an institutional review board;
(b) Monitoring of health outcomes, adverse events, quality, and cost-effectiveness of health services;
(c) Development of a common definition of medical
necessity; and
(d) Exploration of common strategies for disease management and demand management programs.
(2004 Ed.)
41.05.017 Provisions applicable to health plans
offered under this chapter. Each health plan that provides
medical insurance offered under this chapter, including plans
created by insuring entities, plans not subject to the provisions of Title 48 RCW, and plans created under RCW
41.05.140, are subject to the provisions of RCW 48.43.500,
70.02.045, 48.43.505 through 48.43.535, 43.70.235,
48.43.545, 48.43.550, 70.02.110, and 70.02.900. [2000 c 5 §
20.]
Intent—Purpose—2000 c 5: See RCW 48.43.005.
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
41.05.021
41.05.021 State health care authority—Administrator—Cost control and delivery strategies—Managed
competition. (1) The Washington state health care authority
is created within the executive branch. The authority shall
have an administrator appointed by the governor, with the
consent of the senate. The administrator shall serve at the
pleasure of the governor. The administrator may employ up
to seven staff members, who shall be exempt from chapter
41.06 RCW, and any additional staff members as are necessary to administer this chapter. The administrator may delegate any power or duty vested in him or her by this chapter,
including authority to make final decisions and enter final
orders in hearings conducted under chapter 34.05 RCW. The
primary duties of the authority shall be to: Administer state
employees' insurance benefits and retired or disabled school
employees' insurance benefits; administer the basic health
plan pursuant to chapter 70.47 RCW; study state-purchased
health care programs in order to maximize cost containment
in these programs while ensuring access to quality health
care; and implement state initiatives, joint purchasing strategies, and techniques for efficient administration that have
potential application to all state-purchased health services.
The authority's duties include, but are not limited to, the following:
(a) To administer health care benefit programs for
employees and retired or disabled school employees as specifically authorized in RCW 41.05.065 and in accordance
[Title 41 RCW—page 27]
41.05.022
Title 41 RCW: Public Employment, Civil Service, and Pensions
with the methods described in RCW 41.05.075, 41.05.140,
and other provisions of this chapter;
(b) To analyze state-purchased health care programs and
to explore options for cost containment and delivery alternatives for those programs that are consistent with the purposes
of those programs, including, but not limited to:
(i) Creation of economic incentives for the persons for
whom the state purchases health care to appropriately utilize
and purchase health care services, including the development
of flexible benefit plans to offset increases in individual
financial responsibility;
(ii) Utilization of provider arrangements that encourage
cost containment, including but not limited to prepaid delivery systems, utilization review, and prospective payment
methods, and that ensure access to quality care, including
assuring reasonable access to local providers, especially for
employees residing in rural areas;
(iii) Coordination of state agency efforts to purchase
drugs effectively as provided in RCW 70.14.050;
(iv) Development of recommendations and methods for
purchasing medical equipment and supporting services on a
volume discount basis; and
(v) Development of data systems to obtain utilization
data from state-purchased health care programs in order to
identify cost centers, utilization patterns, provider and hospital practice patterns, and procedure costs, utilizing the information obtained pursuant to RCW 41.05.031;
(c) To analyze areas of public and private health care
interaction;
(d) To provide information and technical and administrative assistance to the board;
(e) To review and approve or deny applications from
counties, municipalities, and other political subdivisions of
the state to provide state-sponsored insurance or self-insurance programs to their employees in accordance with the provisions of RCW 41.04.205, setting the premium contribution
for approved groups as outlined in RCW 41.05.050;
(f) To appoint a health care policy technical advisory
committee as required by *RCW 41.05.150;
(g) To establish billing procedures and collect funds
from school districts and educational service districts under
**RCW 28A.400.400 in a way that minimizes the administrative burden on districts;
(h) To publish and distribute to nonparticipating school
districts and educational service districts by October 1st of
each year a description of health care benefit plans available
through the authority and the estimated cost if school districts
and educational service district employees were enrolled; and
(i) To promulgate and adopt rules consistent with this
chapter as described in RCW 41.05.160.
(2) On and after January 1, 1996, the public employees'
benefits board may implement strategies to promote managed
competition among employee health benefit plans. Strategies
may include but are not limited to:
(a) Standardizing the benefit package;
(b) Soliciting competitive bids for the benefit package;
(c) Limiting the state's contribution to a percent of the
lowest priced qualified plan within a geographical area;
(d) Monitoring the impact of the approach under this
subsection with regards to: Efficiencies in health service
delivery, cost shifts to subscribers, access to and choice of
[Title 41 RCW—page 28]
managed care plans statewide, and quality of health services.
The health care authority shall also advise on the value of
administering a benchmark employer-managed plan to promote competition among managed care plans. [2002 c 142 §
1; 1999 c 372 § 4; 1997 c 274 § 1; 1995 1st sp.s. c 6 § 7; 1994
c 309 § 1. Prior: 1993 c 492 § 215; 1993 c 386 § 6; 1990 c
222 § 3; 1988 c 107 § 4.]
Reviser's note: *(1) RCW 41.05.150 was repealed by 2003 c 126 §
101, effective July 1, 2003.
**(2) RCW 28A.400.400 was repealed by 1994 c 153 § 15, effective
October 1, 1995.
Effective date—1997 c 274: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 274 § 10.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Intent—1993 c 386: See note following RCW 28A.400.391.
Effective date—1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: See note following RCW 28A.400.391.
41.05.022
41.05.022 State agent for purchasing health services—Single community-rated risk pool. (1) The health
care authority is hereby designated as the single state agent
for purchasing health services.
(2) On and after January 1, 1995, at least the following
state-purchased health services programs shall be merged
into a single, community-rated risk pool: Health benefits for
groups of employees of school districts and educational service districts that voluntarily purchase health benefits as provided in RCW 41.05.011; health benefits for state employees;
health benefits for eligible retired or disabled school employees not eligible for parts A and B of medicare; and health benefits for eligible state retirees not eligible for parts A and B of
medicare.
(3) At a minimum, and regardless of other legislative
enactments, the state health services purchasing agent shall:
(a) Require that a public agency that provides subsidies
for a substantial portion of services now covered under the
basic health plan use uniform eligibility processes, insofar as
may be possible, and ensure that multiple eligibility determinations are not required;
(b) Require that a health care provider or a health care
facility that receives funds from a public program provide
care to state residents receiving a state subsidy who may wish
to receive care from them, and that an insuring entity that
receives funds from a public program accept enrollment from
state residents receiving a state subsidy who may wish to
enroll with them;
(c) Strive to integrate purchasing for all publicly sponsored health services in order to maximize the cost control
potential and promote the most efficient methods of financing and coordinating services;
(d) Consult regularly with the governor, the legislature,
and state agency directors whose operations are affected by
the implementation of this section; and
(e) Ensure the control of benefit costs under managed
competition by adopting rules to prevent employers from
(2004 Ed.)
State Health Care Authority
entering into an agreement with employees or employee
organizations when the agreement would result in increased
utilization in public employees' benefits board plans or
reduce the expected savings of managed competition. [1995
1st sp.s. c 6 § 3; 1994 c 153 § 3; 1993 c 492 § 227.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
41.05.026
41.05.026 Contracts—Proprietary data, trade
secrets, actuarial formulas, statistics, cost and utilization
data—Exemption from public inspection—Executive sessions. (1) When soliciting proposals for the purpose of
awarding contracts for goods or services, the administrator
shall, upon written request by the bidder, exempt from public
inspection and copying such proprietary data, trade secrets,
or other information contained in the bidder's proposal that
relate to the bidder's unique methods of conducting business
or of determining prices or premium rates to be charged for
services under terms of the proposal.
(2) When soliciting information for the development,
acquisition, or implementation of state purchased health care
services, the administrator shall, upon written request by the
respondent, exempt from public inspection and copying such
proprietary data, trade secrets, or other information submitted
by the respondent that relate to the respondent's unique methods of conducting business, data unique to the product or services of the respondent, or to determining prices or rates to be
charged for services.
(3) Actuarial formulas, statistics, cost and utilization
data, or other proprietary information submitted upon request
of the administrator, board, or a technical review committee
created to facilitate the development, acquisition, or implementation of state purchased health care under this chapter by
a contracting insurer, health care service contractor, health
maintenance organization, vendor, or other health services
organization may be withheld at any time from public inspection when necessary to preserve trade secrets or prevent
unfair competition.
(4) The board, or a technical review committee created to
facilitate the development, acquisition, or implementation of
state purchased health care under this chapter, may hold an
executive session in accordance with chapter 42.30 RCW
during any regular or special meeting to discuss information
submitted in accordance with subsections (1) through (3) of
this section.
(5) A person who challenges a request for or designation
of information as exempt under this section is entitled to seek
judicial review pursuant to chapter 42.17 RCW. [2003 c 277
§ 2; 1991 c 79 § 1; 1990 c 222 § 6.]
41.05.031
41.05.031 Agencies to establish health care information systems. The following state agencies are directed to
cooperate with the authority to establish appropriate health
care information systems in their programs: The department
of social and health services, the department of health, the
(2004 Ed.)
41.05.050
department of labor and industries, the basic health plan, the
department of veterans affairs, the department of corrections,
and the superintendent of public instruction.
The authority, in conjunction with these agencies, shall
determine:
(1) Definitions of health care services;
(2) Health care data elements common to all agencies;
(3) Health care data elements unique to each agency; and
(4) A mechanism for program and budget review of
health care data. [1990 c 222 § 4; 1988 c 107 § 5.]
41.05.050
41.05.050 Contributions for employees and dependents. (1) Every department, division, or separate agency of
state government, and such county, municipal, school district, educational service district, or other political subdivisions as are covered by this chapter, shall provide contributions to insurance and health care plans for its employees and
their dependents, the content of such plans to be determined
by the authority. Contributions, paid by the county, the
municipality, or other political subdivision for their employees, shall include an amount determined by the authority to
pay such administrative expenses of the authority as are necessary to administer the plans for employees of those groups,
except as provided in subsection (4) of this section.
(2) If the authority at any time determines that the participation of a county, municipal, or other political subdivision
covered under this chapter adversely impacts insurance rates
for state employees, the authority shall implement limitations
on the participation of additional county, municipal, or other
political subdivisions.
(3) The contributions of any department, division, or
separate agency of the state government, and such county,
municipal, or other political subdivisions as are covered by
this chapter, shall be set by the authority, subject to the
approval of the governor for availability of funds as specifically appropriated by the legislature for that purpose. Insurance and health care contributions for ferry employees shall
be governed by RCW 47.64.270.
(4)(a) Beginning September 1, 2003, the authority shall
collect from each participating school district and educational
service district an amount equal to the composite rate charged
to state agencies, plus an amount equal to the employee premiums by plan and family size as would be charged to state
employees, for groups of district employees enrolled in
authority plans as of January 1, 2003.
(b) For all groups of district employees enrolling in
authority plans for the first time after September 1, 2003, the
authority shall collect from each participating school district
an amount equal to the composite rate charged to state agencies, plus an amount equal to the employee premiums by plan
and by family size as would be charged to state employees,
only if the authority determines that this method of billing the
districts will not result in a material difference between revenues from districts and expenditures made by the authority on
behalf of districts and their employees.
(c) If the authority determines at any time that the conditions in (b) of this subsection cannot be met, the authority
shall offer enrollment to additional groups of district employees on a tiered rate structure until such time as the authority
determines there would be no material difference between
[Title 41 RCW—page 29]
41.05.055
Title 41 RCW: Public Employment, Civil Service, and Pensions
revenues and expenditures under a composite rate structure
for all district employees enrolled in authority plans.
(d) The authority may charge districts a one-time set-up
fee for employee groups enrolling in authority plans for the
first time.
(e) For the purposes of this subsection:
(i) "District" means school district and educational service district; and
(ii) "Tiered rates" means the amounts the authority must
pay to insuring entities by plan and by family size.
(f) Notwithstanding this subsection and RCW
41.05.065(3), the authority may allow districts enrolled on a
tiered rate structure prior to September 1, 2002, to continue
participation based on the same rate structure and under the
same conditions and eligibility criteria.
(5) The authority shall transmit a recommendation for
the amount of the employer contribution to the governor and
the director of financial management for inclusion in the proposed budgets submitted to the legislature. [2003 c 158 § 1.
Prior: 2002 c 319 § 4; 2002 c 142 § 2; prior: 1995 1st sp.s. c
6 § 22; 1994 c 309 § 2; 1994 c 153 § 4; prior: 1993 c 492 §
216; 1993 c 386 § 7; 1988 c 107 § 18; 1987 c 122 § 4; 1984 c
107 § 1; 1983 c 15 § 20; 1983 c 2 § 9; prior: 1982 1st ex.s. c
34 § 2; 1981 c 344 § 6; 1979 c 151 § 55; 1977 ex.s. c 136 § 4;
1975-'76 2nd ex.s. c 106 § 4; 1975 1st ex.s. c 38 § 2; 1973 1st
ex.s. c 147 § 3; 1970 ex.s. c 39 § 5.]
Intent—2002 c 319: See note following RCW 41.04.208.
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective date—1993 c 386 §§ 3, 7, and 11: See note following RCW
41.04.205.
Intent—1993 c 386: See note following RCW 28A.400.391.
Severability—1983 c 15: See RCW 47.64.910.
Severability—1983 c 2: See note following RCW 18.71.030.
Severability—1981 c 344: See note following RCW 47.60.326.
Effective date—Conditions prerequisite to implementing sections—
1977 ex.s. c 136: "This 1977 amendatory act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on July
1, 1977: PROVIDED, That if the state operating budget appropriations act
does not contain the funds necessary for the implementation of this 1977
amendatory act in an appropriated amount sufficient to fully fund the
employer's contribution to the state employee insurance benefits program
which is established by the board in accordance with RCW 41.05.050 (2) and
(3) as now or hereafter amended, sections 1, 5, and 6 of this 1977 amendatory
act shall be null and void." [1977 ex.s. c 136 § 8.]
Effective date—Effect of veto—1973 1st ex.s. c 147: "This bill shall
not take effect until the funds necessary for its implementation have been
specifically appropriated by the legislature and such appropriation itself has
become law. It is the intention of the legislature that if the governor shall
veto this section or any item thereof, none of the provisions of this bill shall
take effect." [1973 1st ex.s. c 147 § 10.]
Savings—1973 1st ex.s. c 147: "Nothing contained in this 1973 amendatory act shall be deemed to amend, alter or affect the provisions of Chapter
23, Laws of 1972, Extraordinary Session, and RCW 28B.10.840 through
28B.10.844 as now or hereafter amended." [1973 1st ex.s. c 147 § 13.]
Severability—1973 1st ex.s. c 147: "If any provision of this 1973
amendatory act, or its application to any person or circumstances is held
[Title 41 RCW—page 30]
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 147 § 9.]
Severability—1970 ex.s. c 39: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1970 ex.s. c 39 § 14.]
41.05.055
41.05.055 Public employees' benefits board—Members. (1) The public employees' benefits board is created
within the authority. The function of the board is to design
and approve insurance benefit plans for state employees and
school district employees.
(2) The board shall be composed of nine members
appointed by the governor as follows:
(a) Two representatives of state employees, one of whom
shall represent an employee union certified as exclusive representative of at least one bargaining unit of classified
employees, and one of whom is retired, is covered by a program under the jurisdiction of the board, and represents an
organized group of retired public employees;
(b) Two representatives of school district employees,
one of whom shall represent an association of school employees and one of whom is retired, and represents an organized
group of retired school employees;
(c) Four members with experience in health benefit management and cost containment; and
(d) The administrator.
(3) The member who represents an association of school
employees and one member appointed pursuant to subsection
(2)(c) of this section shall be nonvoting members until such
time that there are no less than twelve thousand school district employee subscribers enrolled with the authority for
health care coverage.
(4) The governor shall appoint the initial members of the
board to staggered terms not to exceed four years. Members
appointed thereafter shall serve two-year terms. Members of
the board shall be compensated in accordance with RCW
43.03.250 and shall be reimbursed for their travel expenses
while on official business in accordance with RCW
43.03.050 and 43.03.060. The board shall prescribe rules for
the conduct of its business. The administrator shall serve as
chair of the board. Meetings of the board shall be at the call
of the chair. [1995 1st sp.s. c 6 § 4; 1994 c 36 § 1; 1993 c 492
§ 217; 1989 c 324 § 1; 1988 c 107 § 7.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Effective date—1994 c 36: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 21, 1994]." [1994 c 36 § 2.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
41.05.065
41.05.065 Public employees' benefits board—Duties.
(1) The board shall study all matters connected with the provision of health care coverage, life insurance, liability insurance, accidental death and dismemberment insurance, and
disability income insurance or any of, or a combination of,
the enumerated types of insurance for employees and their
dependents on the best basis possible with relation both to the
(2004 Ed.)
State Health Care Authority
welfare of the employees and to the state. However, liability
insurance shall not be made available to dependents.
(2) The board shall develop employee benefit plans that
include comprehensive health care benefits for all employees. In developing these plans, the board shall consider the
following elements:
(a) Methods of maximizing cost containment while
ensuring access to quality health care;
(b) Development of provider arrangements that encourage cost containment and ensure access to quality care,
including but not limited to prepaid delivery systems and prospective payment methods;
(c) Wellness incentives that focus on proven strategies,
such as smoking cessation, injury and accident prevention,
reduction of alcohol misuse, appropriate weight reduction,
exercise, automobile and motorcycle safety, blood cholesterol reduction, and nutrition education;
(d) Utilization review procedures including, but not limited to a cost-efficient method for prior authorization of services, hospital inpatient length of stay review, requirements
for use of outpatient surgeries and second opinions for surgeries, review of invoices or claims submitted by service providers, and performance audit of providers;
(e) Effective coordination of benefits;
(f) Minimum standards for insuring entities; and
(g) Minimum scope and content of public employee benefit plans to be offered to enrollees participating in the
employee health benefit plans. To maintain the comprehensive nature of employee health care benefits, employee eligibility criteria related to the number of hours worked and the
benefits provided to employees shall be substantially equivalent to the state employees' health benefits plan and eligibility
criteria in effect on January 1, 1993. Nothing in this subsection (2)(g) shall prohibit changes or increases in employee
point-of-service payments or employee premium payments
for benefits.
(3) The board shall design benefits and determine the
terms and conditions of employee participation and coverage,
including establishment of eligibility criteria. The same
terms and conditions of participation and coverage, including
eligibility criteria, shall apply to state employees and to
school district employees and educational service district
employees.
(4) The board may authorize premium contributions for
an employee and the employee's dependents in a manner that
encourages the use of cost-efficient managed health care systems. The board shall require participating school district
and educational service district employees to pay at least the
same employee premiums by plan and family size as state
employees pay.
(5) Employees shall choose participation in one of the
health care benefit plans developed by the board and may be
permitted to waive coverage under terms and conditions
established by the board.
(6) The board shall review plans proposed by insuring
entities that desire to offer property insurance and/or accident
and casualty insurance to state employees through payroll
deduction. The board may approve any such plan for payroll
deduction by insuring entities holding a valid certificate of
authority in the state of Washington and which the board
determines to be in the best interests of employees and the
(2004 Ed.)
41.05.065
state. The board shall promulgate rules setting forth criteria
by which it shall evaluate the plans.
(7) Before January 1, 1998, the public employees' benefits board shall make available one or more fully insured
long-term care insurance plans that comply with the requirements of chapter 48.84 RCW. Such programs shall be made
available to eligible employees, retired employees, and
retired school employees as well as eligible dependents
which, for the purpose of this section, includes the parents of
the employee or retiree and the parents of the spouse of the
employee or retiree. Employees of local governments and
employees of political subdivisions not otherwise enrolled in
the public employees' benefits board sponsored medical programs may enroll under terms and conditions established by
the administrator, if it does not jeopardize the financial viability of the public employees' benefits board's long-term care
offering.
(a) Participation of eligible employees or retired employees and retired school employees in any long-term care insurance plan made available by the public employees' benefits
board is voluntary and shall not be subject to binding arbitration under chapter 41.56 RCW. Participation is subject to
reasonable underwriting guidelines and eligibility rules
established by the public employees' benefits board and the
health care authority.
(b) The employee, retired employee, and retired school
employee are solely responsible for the payment of the premium rates developed by the health care authority. The
health care authority is authorized to charge a reasonable
administrative fee in addition to the premium charged by the
long-term care insurer, which shall include the health care
authority's cost of administration, marketing, and consumer
education materials prepared by the health care authority and
the office of the insurance commissioner.
(c) To the extent administratively possible, the state shall
establish an automatic payroll or pension deduction system
for the payment of the long-term care insurance premiums.
(d) The public employees' benefits board and the health
care authority shall establish a technical advisory committee
to provide advice in the development of the benefit design
and establishment of underwriting guidelines and eligibility
rules. The committee shall also advise the board and authority on effective and cost-effective ways to market and distribute the long-term care product. The technical advisory committee shall be comprised, at a minimum, of representatives
of the office of the insurance commissioner, providers of
long-term care services, licensed insurance agents with
expertise in long-term care insurance, employees, retired
employees, retired school employees, and other interested
parties determined to be appropriate by the board.
(e) The health care authority shall offer employees,
retired employees, and retired school employees the option of
purchasing long-term care insurance through licensed agents
or brokers appointed by the long-term care insurer. The
authority, in consultation with the public employees' benefits
board, shall establish marketing procedures and may consider
all premium components as a part of the contract negotiations
with the long-term care insurer.
(f) In developing the long-term care insurance benefit
designs, the public employees' benefits board shall include an
[Title 41 RCW—page 31]
41.05.075
Title 41 RCW: Public Employment, Civil Service, and Pensions
alternative plan of care benefit, including adult day services,
as approved by the office of the insurance commissioner.
(g) The health care authority, with the cooperation of the
office of the insurance commissioner, shall develop a consumer education program for the eligible employees, retired
employees, and retired school employees designed to provide
education on the potential need for long-term care, methods
of financing long-term care, and the availability of long-term
care insurance products including the products offered by the
board.
(h) By December 1998, the health care authority, in consultation with the public employees' benefits board, shall submit a report to the appropriate committees of the legislature,
including an analysis of the marketing and distribution of the
long-term care insurance provided under this section. [2003
c 158 § 2; 2002 c 142 § 3; 1996 c 140 § 1; 1995 1st sp.s. c 6
§ 5; 1994 c 153 § 5. Prior: 1993 c 492 § 218; 1993 c 386 §
9; 1988 c 107 § 8.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Intent—1993 c 386: See note following RCW 28A.400.391.
Effective date—1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: See note following RCW 28A.400.391.
41.05.075
41.05.075 Employee benefit plans—Contracts with
insuring entities. (1) The administrator shall provide benefit
plans designed by the board through a contract or contracts
with insuring entities, through self-funding, self-insurance, or
other methods of providing insurance coverage authorized by
RCW 41.05.140.
(2) The administrator shall establish a contract bidding
process that:
(a) Encourages competition among insuring entities;
(b) Maintains an equitable relationship between premiums charged for similar benefits and between risk pools
including premiums charged for retired state and school district employees under the separate risk pools established by
RCW 41.05.022 and 41.05.080 such that insuring entities
may not avoid risk when establishing the premium rates for
retirees eligible for medicare;
(c) Is timely to the state budgetary process; and
(d) Sets conditions for awarding contracts to any insuring entity.
(3) The administrator shall establish a requirement for
review of utilization and financial data from participating
insuring entities on a quarterly basis.
(4) The administrator shall centralize the enrollment files
for all employee and retired or disabled school employee
health plans offered under chapter 41.05 RCW and develop
enrollment demographics on a plan-specific basis.
(5) All claims data shall be the property of the state. The
administrator may require of any insuring entity that submits
a bid to contract for coverage all information deemed necessary including subscriber or member demographic and claims
data necessary for risk assessment and adjustment calcula[Title 41 RCW—page 32]
tions in order to fulfill the administrator's duties as set forth in
this chapter.
(6) All contracts with insuring entities for the provision
of health care benefits shall provide that the beneficiaries of
such benefit plans may use on an equal participation basis the
services of practitioners licensed pursuant to chapters 18.22,
18.25, 18.32, 18.53, 18.57, 18.71, 18.74, 18.83, and 18.79
RCW, as it applies to registered nurses and advanced registered nurse practitioners. However, nothing in this subsection
may preclude the administrator from establishing appropriate
utilization controls approved pursuant to RCW 41.05.065(2)
(a), (b), and (d). [2002 c 142 § 4. Prior: 1994 sp.s. c 9 § 724;
1994 c 309 § 3; 1994 c 153 § 6; 1993 c 386 § 10; 1988 c 107
§ 9.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Intent—1993 c 386: See note following RCW 28A.400.391.
Effective date—1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: See note following RCW 28A.400.391.
41.05.080
41.05.080 Participation in insurance plans and contracts—Retired, disabled, or separated employees—Certain surviving spouses and dependent children. (1) Under
the qualifications, terms, conditions, and benefits set by the
board:
(a) Retired or disabled state employees, retired or disabled school employees, or employees of county, municipal,
or other political subdivisions covered by this chapter who
are retired may continue their participation in insurance plans
and contracts after retirement or disablement;
(b) Separated employees may continue their participation in insurance plans and contracts if participation is
selected immediately upon separation from employment;
(c) Surviving spouses and dependent children of emergency service personnel killed in the line of duty may participate in insurance plans and contracts.
(2) Rates charged surviving spouses of emergency service personnel killed in the line of duty, retired or disabled
employees, separated employees, spouses, or dependent children who are not eligible for parts A and B of medicare shall
be based on the experience of the community rated risk pool
established under RCW 41.05.022.
(3) Rates charged to surviving spouses of emergency service personnel killed in the line of duty, retired or disabled
employees, separated employees, spouses, or children who
are eligible for parts A and B of medicare shall be calculated
from a separate experience risk pool comprised only of individuals eligible for parts A and B of medicare; however, the
premiums charged to medicare-eligible retirees and disabled
employees shall be reduced by the amount of the subsidy provided under RCW 41.05.085.
(4) Surviving spouses and dependent children of emergency service personnel killed in the line of duty and retired
or disabled and separated employees shall be responsible for
payment of premium rates developed by the authority which
shall include the cost to the authority of providing insurance
coverage including any amounts necessary for reserves and
administration in accordance with this chapter. These self pay
(2004 Ed.)
State Health Care Authority
rates will be established based on a separate rate for the
employee, the spouse, and the children.
(5) The term "retired state employees" for the purpose of
this section shall include but not be limited to members of the
legislature whether voluntarily or involuntarily leaving state
office. [2001 c 165 § 3; 1996 c 39 § 22; 1994 c 153 § 7; 1993
c 386 § 11; 1977 ex.s. c 136 § 6; 1975-'76 2nd ex.s. c 106 § 6;
1973 1st ex.s. c 147 § 7; 1970 ex.s. c 39 § 8.]
Effective date—Application—2001 c 165: See note following RCW
41.05.011.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Effective date—1993 c 386 §§ 3, 7, and 11: See note following RCW
41.04.205.
Intent—1993 c 386: See note following RCW 28A.400.391.
Effective date—Conditions prerequisite to implementing sections—
1977 ex.s. c 136: See note following RCW 41.05.050.
Effective date—Effect of veto—Savings—Severability—1973 1st
ex.s. c 147: See notes following RCW 41.05.050.
Severability—1970 ex.s. c 39: See note following RCW 41.05.050.
41.05.085
41.05.085 Retired or disabled school employee health
insurance subsidy. Beginning with the appropriations act
for the 1995-1997 biennium, the legislature shall establish as
part of both the state employees' and the school and educational service district employees' insurance benefit allocation
the portion of the allocation to be used to provide a subsidy to
reduce the health care insurance premiums charged to retired
or disabled school district and educational service district
employees, or retired state employees, who are eligible for
parts A and B of medicare. The amount of any premium
reduction shall be established by the board, but shall not
result in a premium reduction of more than fifty percent. The
board may also determine the amount of any subsidy to be
available to spouses and dependents. [1994 c 153 § 8.]
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
41.05.090
41.05.090 Continuation of coverage of employee,
spouse, or covered dependent ineligible under state
plan—Exceptions. (1) When an employee, spouse, or covered dependent becomes ineligible under the state plan and
wishes to continue coverage on an individual basis with the
same provider under the state plan, such employee, spouse, or
covered dependent shall be entitled to immediately transfer
and shall not be required to undergo any waiting period
before obtaining individual coverage.
(2) Entitlement to a conversion contract under the terms
of this section shall not apply to any employee, spouse, or
covered dependent who is:
(a) Eligible for federal medicare coverage; or
(b) Covered under another group plan, policy, contract,
or agreement providing benefits for hospital or medical care.
(3) Entitlement to conversion under the terms of this section shall not apply to any employee terminated for misconduct, except that conversion shall be offered to the spouse
and covered dependents of the terminated employee. [1990 c
222 § 5; 1979 c 125 § 3.]
(2004 Ed.)
41.05.140
41.05.100
41.05.100 Chapter not applicable to certain employees of Cooperative Extension Service. The provisions of
this chapter shall not be applicable to any employee of the
Washington State University Cooperative Extension Service
who holds a federal civil service appointment and is thereby
eligible for insurance coverage under the regulations of the
United States Department of Agriculture and the United
States Civil Service Commission, and which employee elects
participation in the federal programs in lieu of the programs
established pursuant to this chapter. Such election may be
made only once. [1979 ex.s. c 9 § 1.]
41.05.110
41.05.110 Chapter not applicable to officers and
employees of state convention and trade center. The provisions of this chapter shall not be applicable to the officers
and employees of the nonprofit corporation formed under
chapter 67.40 RCW. [1984 c 210 § 3.]
Savings—Severability—1984 c 210: See notes following RCW
67.40.020.
41.05.120
41.05.120 Public employees' and retirees' insurance
account. (1) The public employees' and retirees' insurance
account is hereby established in the custody of the state treasurer, to be used by the administrator for the deposit of contributions, the remittance paid by school districts and educational service districts under *RCW 28A.400.400, reserves,
dividends, and refunds, and for payment of premiums for
employee and retiree insurance benefit contracts and subsidy
amounts provided under RCW 41.05.085. Moneys from the
account shall be disbursed by the state treasurer by warrants
on vouchers duly authorized by the administrator.
(2) The state treasurer and the state investment board
may invest moneys in the public employees' and retirees'
insurance account. All such investments shall be in accordance with RCW 43.84.080 or 43.84.150, whichever is applicable. The administrator shall determine whether the state
treasurer or the state investment board or both shall invest
moneys in the public employees' insurance account. [1994 c
153 § 9; 1993 c 492 § 219; 1991 sp.s. c 13 § 100; 1988 c 107
§ 10.]
*Reviser's note: RCW 28A.400.400 was repealed by 1994 c 153 § 15,
effective October 1, 1995.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
41.05.130
41.05.130 State health care authority administrative
account. The state health care authority administrative
account is hereby created in the state treasury. Moneys in the
account, including unanticipated revenues under RCW
43.79.270, may be spent only after appropriation by statute,
and may be used only for operating expenses of the authority.
[1988 c 107 § 11.]
41.05.140
41.05.140 Payment of claims—Self-insurance—
Insurance reserve funds created. (1) Except for property
[Title 41 RCW—page 33]
41.05.143
Title 41 RCW: Public Employment, Civil Service, and Pensions
and casualty insurance, the authority may self-fund, selfinsure, or enter into other methods of providing insurance
coverage for insurance programs under its jurisdiction,
including the basic health plan as provided in chapter 70.47
RCW. The authority shall contract for payment of claims or
other administrative services for programs under its jurisdiction. If a program does not require the prepayment of
reserves, the authority shall establish such reserves within a
reasonable period of time for the payment of claims as are
normally required for that type of insurance under an insured
program. The authority shall endeavor to reimburse basic
health plan health care providers under this section at rates
similar to the average reimbursement rates offered by the
statewide benchmark plan determined through the request for
proposal process.
(2) Reserves established by the authority for employee
and retiree benefit programs shall be held in a separate trust
fund by the state treasurer and shall be known as the public
employees' and retirees' insurance reserve fund. The state
investment board shall act as the investor for the funds and,
except as provided in RCW 43.33A.160 and 43.84.160, one
hundred percent of all earnings from these investments shall
accrue directly to the public employees' and retirees' insurance reserve fund.
(3) Any savings realized as a result of a program created
for employees and retirees under this section shall not be used
to increase benefits unless such use is authorized by statute.
(4) Reserves established by the authority to provide
insurance coverage for the basic health plan under chapter
70.47 RCW shall be held in a separate trust account in the
custody of the state treasurer and shall be known as the basic
health plan self-insurance reserve account. The state investment board shall act as the investor for the funds as set forth
in RCW 43.33A.230 and, except as provided in RCW
43.33A.160 and 43.84.160, one hundred percent of all earnings from these investments shall accrue directly to the basic
health plan self-insurance reserve account.
(5) Any program created under this section shall be subject to the examination requirements of chapter 48.03 RCW
as if the program were a domestic insurer. In conducting an
examination, the commissioner shall determine the adequacy
of the reserves established for the program.
(6) The authority shall keep full and adequate accounts
and records of the assets, obligations, transactions, and affairs
of any program created under this section.
(7) The authority shall file a quarterly statement of the
financial condition, transactions, and affairs of any program
created under this section in a form and manner prescribed by
the insurance commissioner. The statement shall contain
information as required by the commissioner for the type of
insurance being offered under the program. A copy of the
annual statement shall be filed with the speaker of the house
of representatives and the president of the senate. [2000 c 80
§ 5; 2000 c 79 § 44; 1994 c 153 § 10. Prior: 1993 c 492 § 220;
1993 c 386 § 12; 1988 c 107 § 12.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Intent—Effective dates—1994 c 153: See notes following RCW
41.05.011.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
[Title 41 RCW—page 34]
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Intent—1993 c 386: See note following RCW 28A.400.391.
Effective date—1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: See note following RCW 28A.400.391.
41.05.143
41.05.143 Uniform medical plan benefits administration account—Uniform dental plan benefits administration account. (1) The uniform medical plan benefits administration account is created in the custody of the state treasurer. Moneys in the account shall be used exclusively for
contracted expenditures for uniform medical plan claims
administration, data analysis, utilization management, preferred provider administration, and activities related to benefits administration where the level of services provided pursuant to a contract fluctuate as a direct result of changes in
uniform medical plan enrollment. Moneys in the account may
also be used for administrative activities required to respond
to new and unforeseen conditions that impact the uniform
medical plan, but only when the authority and the office of
financial management jointly agree that such activities must
be initiated prior to the next legislative session.
(2) Receipts from amounts due from or on behalf of uniform medical plan enrollees for expenditures related to benefits administration, including moneys disbursed from the
public employees' and retirees' insurance account, shall be
deposited into the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. All proposals for allotment
increases shall be provided to the house of representatives
appropriations committee and to the senate ways and means
committee at the same time as they are provided to the office
of financial management.
(3) The uniform dental plan benefits administration
account is created in the custody of the state treasurer. Moneys in the account shall be used exclusively for contracted
expenditures related to benefits administration for the uniform dental plan as established under RCW 41.05.140.
Receipts from amounts due from or on behalf of uniform dental plan enrollees for expenditures related to benefits administration, including moneys disbursed from the public
employees' and retirees' insurance account, shall be deposited
into the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is
required for expenditures. [2000 2nd sp.s. c 1 § 901.]
Severability—2000 2nd sp.s. c 1: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2000 2nd sp.s. c 1 § 1047.]
Effective date—2000 2nd sp.s. c 1: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [May 2, 2000]." [2000 2nd sp.s. c 1 § 1048.]
41.05.160
41.05.160 Rules. The administrator may promulgate
and adopt rules consistent with this chapter to carry out the
purposes of this chapter. All rules shall be adopted in accordance with chapter 34.05 RCW. [1988 c 107 § 15.]
41.05.165
41.05.165 Rules—Insurance benefit reimbursement.
The authority shall adopt rules that provide for members of
(2004 Ed.)
State Health Care Authority
the legislature who choose reimbursement under RCW
44.04.230 in lieu of insurance benefits under this chapter.
[1998 c 62 § 2.]
Effective date—1998 c 62: See note following RCW 44.04.230.
41.05.170
4 1. 0 5 . 1 70 Neur od e v e lo pm e n ta l t he r a p ie s —
Employer-sponsored group contracts. (1) Each health
plan offered to public employees and their covered dependents under this chapter which is not subject to the provisions
of Title 48 RCW and is established or renewed on or after
twelve months after July 23, 1989, shall include coverage for
neurodevelopmental therapies for covered individuals age six
and under.
(2) Benefits provided under this section shall cover the
services of those authorized to deliver occupational therapy,
speech therapy, and physical therapy. Benefits shall be payable only where the services have been delivered pursuant to
the referral and periodic review of a holder of a license issued
pursuant to chapter 18.71 or 18.57 RCW or where covered
services have been rendered by such licensee. Nothing in this
section shall preclude a self-funded plan authorized under
this chapter from negotiating rates with qualified providers.
(3) Benefits provided under this section shall be for medically necessary services as determined by the self-funded
plan authorized under this chapter. Benefits shall be payable
for services for the maintenance of a covered individual in
cases where significant deterioration in the patient's condition would result without the service. Benefits shall be payable to restore and improve function.
(4) It is the intent of this section that the state, as an
employer providing comprehensive health coverage including the benefits required by this section, retains the authority
to design and employ utilization and cost controls. Therefore,
benefits delivered under this section may be subject to contractual provisions regarding deductible amounts and/or
copayments established by the self-funded plan authorized
under this chapter. Benefits provided under this section may
be subject to standard waiting periods for preexisting conditions, and may be subject to the submission of written treatment plans.
(5) In recognition of the intent expressed in subsection
(4) of this section, benefits provided under this section may
be subject to contractual provisions establishing annual
and/or lifetime benefit limits. Such limits may define the total
dollar benefits available, or may limit the number of services
delivered as established by the self-funded plan authorized
under this chapter. [1989 c 345 § 4.]
41.05.180
41.05.180 Mammograms—Insurance coverage.
Each health plan offered to public employees and their covered dependents under this chapter that is not subject to the
provisions of Title 48 RCW and is established or renewed
after January 1, 1990, and that provides benefits for hospital
or medical care shall provide benefits for screening or diagnostic mammography services, provided that such services
are delivered upon the recommendation of the patient's physician or advanced registered nurse practitioner as authorized
by the nursing care quality assurance commission pursuant to
chapter 18.79 RCW or physician assistant pursuant to chapter
18.71A RCW.
(2004 Ed.)
41.05.185
This section shall not be construed to prevent the application of standard health plan provisions applicable to other
benefits such as deductible or copayment provisions. This
section does not limit the authority of the state health care
authority to negotiate rates and contract with specific providers for the delivery of mammography services. This section
shall not apply to medicare supplement policies or supplemental contracts covering a specified disease or other limited
benefits. [1994 sp.s. c 9 § 725; 1989 c 338 § 5.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
41.05.183 General anesthesia services for dental procedures—Public employee benefit plans. (1) Each
employee benefit plan offered to public employees that provides coverage for hospital, medical, or ambulatory surgery
center services must cover general anesthesia services and
related facility charges in conjunction with any dental procedure performed in a hospital or ambulatory surgical center if
such anesthesia services and related facility charges are medically necessary because the covered person:
(a) Is under the age of seven, or physically or developmentally disabled, with a dental condition that cannot be
safely and effectively treated in a dental office; or
(b) Has a medical condition that the person's physician
determines would place the person at undue risk if the dental
procedure were performed in a dental office. The procedure
must be approved by the person's physician.
(2) Each employee benefit plan offered to public
employees that provides coverage for dental services must
cover general anesthesia services in conjunction with any
covered dental procedure performed in a dental office if the
general anesthesia services are medically necessary because
the covered person is under the age of seven or physically or
developmentally disabled.
(3) This section does not prohibit an employee benefit
plan from:
(a) Applying cost-sharing requirements, maximum
annual benefit limitations, and prior authorization requirements to the services required under this section; or
(b) Covering only those services performed by a health
care provider, or in a health care facility, that is part of its provider network; nor does it limit the authority in negotiating
rates and contracts with specific providers.
(4) This section does not apply to medicare supplement
policies, or supplemental contracts covering a specified disease or other limited benefits.
(5) For the purpose of this section, "general anesthesia
services" means services to induce a state of unconsciousness
accompanied by a loss of protective reflexes, including the
ability to maintain an airway independently and respond purposefully to physical stimulation or verbal command.
(6) This section applies to employee benefit plans issued
or renewed on or after January 1, 2002. [2001 c 321 § 1.]
41.05.183
41.05.185 Diabetes benefits—State-purchased health
care. The legislature finds that diabetes imposes a significant
health risk and tremendous financial burden on the citizens
and government of the state of Washington, and that access to
the medically accepted standards of care for diabetes, its
treatment and supplies, and self-management training and
41.05.185
[Title 41 RCW—page 35]
41.05.190
Title 41 RCW: Public Employment, Civil Service, and Pensions
education is crucial to prevent or delay the short and longterm complications of diabetes and its attendant costs.
(1) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Person with diabetes" means a person diagnosed by
a health care provider as having insulin using diabetes, noninsulin using diabetes, or elevated blood glucose levels
induced by pregnancy; and
(b) "Health care provider" means a health care provider
as defined in RCW 48.43.005.
(2) All state-purchased health care purchased or renewed
after January 1, 1998, except the basic health plan described
in chapter 70.47 RCW, shall provide benefits for at least the
following services and supplies for persons with diabetes:
(a) For state-purchased health care that includes coverage for pharmacy services, appropriate and medically necessary equipment and supplies, as prescribed by a health care
provider, that includes but is not limited to insulin, syringes,
injection aids, blood glucose monitors, test strips for blood
glucose monitors, visual reading and urine test strips, insulin
pumps and accessories to the pumps, insulin infusion
devices, prescriptive oral agents for controlling blood sugar
levels, foot care appliances for prevention of complications
associated with diabetes, and glucagon emergency kits; and
(b) For all state-purchased health care, outpatient selfmanagement training and education, including medical nutrition therapy, as ordered by the health care provider. Diabetes
outpatient self-management training and education may be
provided only by health care providers with expertise in diabetes. Nothing in this section prevents any state agency purchasing health care according to this section from restricting
patients to seeing only health care providers who have signed
participating provider agreements with that state agency or an
insuring entity under contract with that state agency.
(3) Coverage required under this section may be subject
to customary cost-sharing provisions established for all other
similar services or supplies within a policy.
(4) Health care coverage may not be reduced or eliminated due to this section.
(5) Services required under this section shall be covered
when deemed medically necessary by the medical director, or
his or her designee, subject to any referral and formulary
requirements. [1997 c 276 § 1.]
Effective date—1997 c 276: "This act takes effect January 1, 1998."
[1997 c 276 § 6.]
41.05.190
41.05.190 Medicare supplemental insurance plan.
The administrator, in consultation with the public employees'
benefits board, shall design a self-insured medicare supplemental insurance plan for retired and disabled employees eligible for medicare. For the purpose of determining the appropriate scope of the self-funded medicare supplemental plan,
the administrator shall consider the differences in the scope
of health services available under the uniform benefits package and the medicare program. [1998 c 245 § 37; 1993 c 492
§ 221.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
[Title 41 RCW—page 36]
41.05.195
41.05.195 Medicare supplemental insurance policies.
Notwithstanding any other provisions of this title or rules or
procedures adopted by the authority, the authority shall make
available to retired or disabled employees who are eligible
for medicare at least two medicare supplemental insurance
policies that conform to the requirements of chapter 48.66
RCW. One policy shall include coverage for prescription
drugs. The policies shall be chosen in consultation with the
public employees' benefits board. These policies shall be
made available to retired or disabled employees, or employees of county, municipal, or other political subdivisions eligible for coverage available under the authority. All offerings
shall be made available not later than January 1, 1994. [1993
c 492 § 222.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
41.05.197
41.05.197 Medicare supplemental insurance policies—January 1995 federal waiver threshold. If a waiver
of the medicare statute, Title XVIII of the federal social security act, sufficient to meet the requirements of chapter 492,
Laws of 1993 is not granted on or before January 1, 1995, the
medicare supplemental insurance policies authorized under
RCW 41.05.195 shall be made available to any resident of the
state eligible for medicare benefits. Except for those retired
state or school district employees eligible to purchase medicare supplemental benefits through the authority, persons
purchasing a medicare supplemental insurance policy under
this section shall be required to pay the full cost of any such
policy. [1993 c 492 § 223.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
41.05.220
41.05.220 Community and migrant health centers—
Maternity health care centers—People of color—Underserved populations. (1) State general funds appropriated to
the department of health for the purposes of funding community health centers to provide primary health and dental care
services, migrant health services, and maternity health care
services shall be transferred to the state health care authority.
Any related administrative funds expended by the department
of health for this purpose shall also be transferred to the
health care authority. The health care authority shall exclusively expend these funds through contracts with community
health centers to provide primary health and dental care services, migrant health services, and maternity health care services. The administrator of the health care authority shall
establish requirements necessary to assure community health
centers provide quality health care services that are appropriate and effective and are delivered in a cost-efficient manner.
The administrator shall further assure that community health
centers have appropriate referral arrangements for acute care
and medical specialty services not provided by the community health centers.
(2) The authority, in consultation with the department of
health, shall work with community and migrant health clinics
and other providers of care to underserved populations, to
(2004 Ed.)
State Health Care Authority
ensure that the number of people of color and underserved
people receiving access to managed care is expanded in proportion to need, based upon demographic data. [1998 c 245
§ 38; 1993 c 492 § 232.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
41.05.310
41.05.240 American Indian health care delivery plan.
[1993 c 492 § 468.] Recodified as RCW 43.70.590 pursuant
to 1995 c 43 § 5; and also repealed by 1995 1st sp.s. c 6 § 9.
41.05.240
Reviser's note: RCW 41.05.240 was recodified as RCW 43.70.590
pursuant to 1995 c 43 § 5 and amended by 1995 c 43 § 4, without cognizance
of its repeal by 1995 1st sp.s. c 6 § 9. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW
1.12.025.
41.05.280
41.05.225
41.05.225 Blind licensees in the business enterprises
program—Plan of health insurance. (1) The board shall
offer a plan of health insurance to blind licensees who are
actively operating facilities and participating in the business
enterprises program established in RCW 74.18.200 through
74.18.230, and maintained by the department of services for
the blind. The plan of health insurance benefits must be the
same or substantially similar to the plan of health insurance
benefits offered to state employees under this chapter. Enrollment will be at the option of each individual licensee or vendor, under rules established by the board.
(2) All costs incurred by the state or the board for providing health insurance coverage to active blind vendors,
excluding family participation, under subsection (1) of this
section may be paid for from net proceeds from vending
machine operations in public buildings under RCW
74.18.230.
(3) Money from the business enterprises program under
the federal Randolph-Sheppard Act may not be used for family participation in the health insurance benefits provided
under this section. Family insurance benefits are the sole
responsibility of the individual blind vendors. [2002 c 71 §
1.]
41.05.280 Department of corrections—Inmate health
care. The department of corrections shall consult with the
state health care authority to identify how the department of
corrections shall develop a working plan to correspond to the
health care reform measures that require all departments to
place all state purchased health services in a communityrated, single risk pool under the direct administrative authority of the state purchasing agent by July 1, 1997. [1998 c 245
§ 39; 1993 c 504 § 3.]
Findings—1993 c 504: "The legislature finds that Washington state
government purchases approximately one-fourth of all the health care statewide. In addition to this huge expenditure, the state also faces health care
inflation rates, far exceeding the growth rate of the economy as a whole and
the general inflationary rate. Together these factors are straining state
resources beyond our capability to pay.
The legislature finds that the department of corrections is responsible
for providing health care to a large and growing number of offenders. It is
also facing rapidly escalating medical, dental, and mental health care expenditures. As a result of this, the department must review its entire inmate
health care system and take steps to reduce health care expenditures.
The legislature further finds that efforts to achieve statewide health
care reform should also include the department of correction's health care
facilities. In this light, the department must develop an appropriate plan that
will correspond to the changing health care environment." [1993 c 504 § 1.]
Effective date—1993 c 504: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 18, 1993]." [1993 c 504 § 4.]
41.05.230
41.05.230 Multicultural health care technical assistance program. (1) Consistent with funds appropriated specifically for this purpose, the authority shall provide matching grants to support community-based multicultural health
care technical assistance programs. The purpose of the programs shall be to promote technical assistance through community and migrant health clinics and other appropriate
health care providers who serve underserved populations and
persons of color.
The technical assistance provided shall include, but is
not limited to: (a) Collaborative research and data analysis
on health care outcomes that disproportionately affect persons of color; (b) design and development of model health
education and promotion strategies aimed at modifying
unhealthy health behaviors or enhancing the use of the health
care delivery system by persons of color; (c) provision of
technical information and assistance on program planning
and financial management; (d) administration, public policy
development, and analysis in health care issues affecting people of color; and (e) enhancement and promotion of health
care career opportunities for persons of color.
(2) Consistent with appropriated funds, the programs
shall be available on a statewide basis. [1993 c 492 § 272.]
Finding—1993 c 492: See note following RCW 28B.115.080.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
(2004 Ed.)
41.05.300
41.05.300 Benefits contribution plan—Authorized.
(1) The state of Washington may enter into benefits contribution plans with employees of the state pursuant to the internal
revenue code, 26 U.S.C. Sec. 125, for the purpose of making
it possible for employees of the state to select on a "beforetax basis" certain taxable and nontaxable benefits pursuant to
26 U.S.C. Sec. 125. The purpose of the benefits contribution
plan established in this chapter is to attract and retain individuals in governmental service by permitting them to enter into
agreements with the state to provide for benefits pursuant to
26 U.S.C. Sec. 125 and other applicable sections of the internal revenue code.
(2) Nothing in the benefits contribution plan constitutes
an employment agreement between the participant and the
state, and nothing contained in the participant's benefits contribution agreement, the plan, this section, or RCW 41.05.310
through 41.05.360 gives a participant any right to be retained
in state employment. [1995 1st sp.s. c 6 § 11.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
41.05.310
41.05.310 Benefits contribution plan—Policies and
procedures—Plan document. The authority shall have
responsibility for the formulation and adoption of a plan, policies, and procedures designed to guide, direct, and administer the benefits contribution plan. For the plan year beginning
January 1, 1996, the administrator may establish a premium
[Title 41 RCW—page 37]
41.05.320
Title 41 RCW: Public Employment, Civil Service, and Pensions
only contribution plan. Expansion of the benefits contribution plan to a medical flexible spending arrangement or cafeteria plan during subsequent plan years shall be subject to
approval by the director of the office of financial management.
(1) A plan document describing the benefits contribution
plan shall be adopted and administered by the authority. The
authority shall represent the state in all matters concerning
the administration of the plan. The state, through the authority, may engage the services of a professional consultant or
administrator on a contractual basis to serve as an agent to
assist the authority or perform the administrative functions
necessary in carrying out the purposes of RCW 41.05.300
through 41.05.350.
(2) The authority shall formulate and establish policies
and procedures for the administration of the benefits contribution plan that are consistent with existing state law, the
internal revenue code, and the regulations adopted by the
internal revenue service as they may apply to the benefits
offered to participants under the plan.
(3) Every action taken by the authority in administering
RCW 41.05.300 through 41.05.350 shall be presumed to be a
fair and reasonable exercise of the authority vested in or the
duties imposed upon it. The authority shall be presumed to
have exercised reasonable care, diligence, and prudence and
to have acted impartially as to all persons interested unless
the contrary be proved by clear and convincing affirmative
evidence. [1995 1st sp.s. c 6 § 12.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
informed in writing of all the benefits and contributions that
will occur as a result of such election.
(d) The authority shall provide in the benefits contribution plan that a participant may enroll, terminate, or change
his or her election after the plan year has begun if there is a
significant change in a participant's status, as provided by 26
U.S.C. Sec. 125 and the regulations adopted under that section and defined by the authority.
(4) The authority shall establish as part of the benefits
contribution plan the procedures for and effect of withdrawal
from the plan by reason of retirement, death, leave of
absence, or termination of employment. To the extent possible under federal law, the authority shall protect participants
from forfeiture of rights under the plan.
(5) Any contribution under the benefits contribution plan
shall continue to be included as reportable compensation for
the purpose of computing the state retirement and pension
benefits earned by the employee pursuant to chapters 41.26,
41.32, 41.40, and 43.43 RCW. [1995 1st sp.s. c 6 § 13.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
41.05.330
41.05.330 Benefits contribution plan—Accounts and
records. The authority shall keep or cause to be kept full and
adequate accounts and records of the assets, obligations,
transactions, and affairs of a benefits contribution plan created under RCW 41.05.300. [1995 1st sp.s. c 6 § 14.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
41.05.340 Benefits contribution plan—Termination—Amendment. (1) The state may terminate the benefits
contribution plan at the end of the plan year or upon notification of federal action affecting the status of the plan.
(2) The authority may amend the benefits contribution
plan at any time if the amendment does not affect the rights of
the participants to receive eligible reimbursement from the
participants' benefits contribution accounts. [1995 1st sp.s. c
6 § 15.]
41.05.340
41.05.320
41.05.320 Benefits contribution plan—Eligibility—
Participation, withdrawal. (1) Elected officials and all permanent employees of the state are eligible to participate in the
benefits contribution plan and contribute amount(s) by agreement with the authority. The authority may adopt rules to permit participation in the plan by temporary employees of the
state.
(2) Persons eligible under subsection (1) of this section
may enter into benefits contribution agreements with the
state.
(3)(a) In the initial year of the medical flexible spending
arrangement or cafeteria plan, if authorized, an eligible person may become a participant after the adoption of the plan
and before its effective date by agreeing to have a portion of
his or her gross salary contributed and deposited into a health
care and other benefits account to be used for reimbursement
of expenses covered by the plan.
(b) After the initial year of the medical flexible spending
arrangement or cafeteria plan, if authorized, an eligible person may become a participant for a full plan year, with annual
benefit selection for each new plan year made before the
beginning of the plan year, as determined by the authority, or
upon becoming eligible.
(c) Once an eligible person elects to participate and the
amount of gross salary that he or she shall contribute and the
benefit for which the funds are to be used during the plan year
is determined, the agreement shall be irrevocable and may
not be amended during the plan year except as provided in (d)
of this subsection. Prior to making an election to participate
in the benefit[s] contribution plan, the eligible person shall be
[Title 41 RCW—page 38]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
41.05.350
41.05.350 Benefits contribution plan—Rules. The
authority shall adopt rules necessary to implement RCW
41.05.300 through 41.05.340. [1995 1st sp.s. c 6 § 16.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
41.05.360
41.05.360 Benefits contribution plan—Construction.
RCW 41.05.300 through 41.05.350 shall be construed to
effectuate the purposes of 26 U.S.C. Sec. 125 and other applicable sections of the internal revenue code as required. [1995
1st sp.s. c 6 § 17.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
41.05.400
41.05.400 Plan of health care coverage—Available
funds—Components—Eligibility—Administrator's
duties. (1) The administrator shall design and offer a plan of
health care coverage as described in subsection (2) of this
section, for any person eligible under subsection (3) of this
(2004 Ed.)
State Health Care Authority
section. The health care coverage shall be designed and
offered only to the extent that state funds are specifically
appropriated for this purpose.
(2) The plan of health care coverage shall have the following components:
(a) Services covered more limited in scope than those
contained in RCW 48.41.110(3);
(b) Enrollee cost-sharing that may include but not be
limited to point-of-service cost-sharing for covered services;
(c) Deductibles of three thousand dollars on a per person
per calendar year basis, and four thousand dollars on a per
family per calendar year basis. The deductible shall be
applied to the first three thousand dollars, or four thousand
dollars, of eligible expenses incurred by the covered person
or family, respectively, except that the deductible shall not be
applied to clinical preventive services as recommended by
the United States public health service. Enrollee out-ofpocket expenses required to be paid under the plan for costsharing and deductibles shall not exceed five thousand dollars per person, or six thousand dollars per family;
(d) Payment methodologies for network providers may
include but are not limited to resource-based relative value
fee schedules, capitation payments, diagnostic related group
fee schedules, and other similar strategies including risksharing arrangements; and
(e) Other appropriate care management and cost-containment measures determined appropriate by the administrator, including but not limited to care coordination, provider
network limitations, preadmission certification, and utilization review.
(3) Any person is eligible for coverage in the plan who
resides in a county of the state where no carrier, as defined in
RCW 48.43.005, or insurer regulated under chapter 48.15
RCW offers to the public an individual health benefit plan as
defined in RCW 48.43.005 other than a catastrophic health
plan as defined in RCW 48.43.005 at the time of application
to the administrator. Such eligibility may terminate pursuant
to subsection (8) of this section.
(4) The administrator may not reject an individual for
coverage based upon preexisting conditions of the individual
or deny, exclude, or otherwise limit coverage for an individual's preexisting health conditions; except that it shall impose
a nine-month benefit waiting period for preexisting conditions for which medical advice was given, or for which a
health care provider recommended or provided treatment, or
for which a prudent layperson would have sought advice or
treatment, within six months before the effective date of coverage. The preexisting condition waiting period shall not
apply to prenatal care services. Credit against the waiting
period shall be provided pursuant to subsections (5) and (6)
of this section.
(5) Except for persons to whom subsection (6) of this
section applies, the administrator shall credit any preexisting
condition waiting period in the plan for a person who was
enrolled at any time during the sixty-three day period immediately preceding the date of application for the plan in a
group health benefit plan or an individual health benefit plan
other than a catastrophic health plan. The administrator must
credit the period of coverage the person was continuously
covered under the immediately preceding health plan toward
the waiting period of the new health plan. For the purposes of
(2004 Ed.)
41.05.500
this subsection, a preceding health plan includes an
employer-provided self-funded health plan.
(6) The administrator shall waive any preexisting condition waiting period in the plan for a person who is an eligible
individual as defined in section 2741(b) of the federal health
insurance portability and accountability act of 1996 (42
U.S.C. 300gg-41(b)).
(7) The administrator shall set the rates to be charged
plan enrollees.
(8) When a carrier, as defined in RCW 48.43.005, or an
insurer regulated under chapter 48.15 RCW, begins to offer
an individual health benefit plan as defined in RCW
48.43.005 in a county where no carrier or insurer had been
offering an individual health benefit plan:
(a) If the health benefit plan offered is other than a catastrophic health plan as defined in RCW 48.43.005, any person enrolled in the plan under subsection (3) of this section in
that county shall no longer be eligible;
(b) The administrator shall provide written notice to any
person who is no longer eligible for coverage under the plan
within thirty days of the administrator's determination that
the person is no longer eligible. The notice shall: (i) Indicate
that coverage under the plan will cease ninety days from the
date that the notice is dated; (ii) describe any other coverage
options available to the person; and (iii) describe the enrollment process for the available options. [2000 c 80 § 7; 2000
c 79 § 46.]
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
41.05.500 Prescription drug price discounts—Eligibility—Penalty—Enrollment fee. (1) In negotiating price
discounts with prescription drug manufacturers for state purchased health care programs, the health care authority shall
also negotiate such discounts for any Washington resident:
(a) Whose family income does not exceed three hundred
percent of the federal poverty level as adjusted for family size
and determined annually by the federal department of health
and human services;
(b) Whose existing prescription drug need is not covered
by insurance; and
(c) Who is: (i) At least fifty years old; or (ii) between the
ages of nineteen and forty-nine and is otherwise eligible for
benefits under Title II of the social security act, federal old
age, survivors, and disability insurance benefits.
(2)(a) An attestation, which shall be submitted to the
administrator, from an individual that the individual's family
income does not exceed three hundred percent of the federal
poverty level is sufficient to satisfy the eligibility requirement of subsection (1)(a) of this section.
(b) Any person willfully making a false statement in
order to qualify for discounts under this section is guilty of a
misdemeanor. Notice of such shall be included on the program enrollment form.
(3) The administrator shall charge participants in this
program an annual enrollment fee sufficient to offset the cost
of program administration.
(4) Any rebate or discount provided by a pharmaceutical
manufacturer and made available to individuals under this
section shall not be at the expense of retail pharmacies. This
does not prohibit participating state agencies from using dis41.05.500
[Title 41 RCW—page 39]
41.05.510
Title 41 RCW: Public Employment, Civil Service, and Pensions
counted pharmacy reimbursements for services or ingredients provided by the pharmacies. [2003 1st sp.s. c 29 § 3.]
Reviser's note—Sunset Act application: The prescription drug discount program is subject to review, termination, and possible extension
under chapter 43.131 RCW, the Sunset Act. See RCW 43.131.403. RCW
41.05.500 is scheduled for future repeal under RCW 43.131.404.
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
41.05.510 Prescription drug purchasing account.
The consolidated prescription drug purchasing account is created in the custody of the state treasurer. All fees collected
under RCW 41.05.500(3) shall be deposited into the account.
Expenditures from the account may be used only for the purposes of RCW 41.05.500. Only the administrator or the
administrator's designee may authorize expenditures from the
account. The account is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2003 1st sp.s. c 29 § 4.]
41.05.510
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
business in this state and that offers a pharmaceutical assistance program shall notify the administrator of the existence
of the program, the drugs covered by the program, and all
information necessary to apply for assistance under the program.
(5) For purposes of this section, "manufacturer-sponsored prescription drug assistance program" means a program offered by a pharmaceutical company through which
the company provides a drug or drugs to eligible persons at
no charge or at a reduced cost. The term does not include the
provision of a drug as part of a clinical trial. [2003 1st sp.s. c
29 § 7.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
41.05.530
41.05.530 Prescription drug assistance, education—
Rules. The authority may adopt rules to implement chapter
29, Laws of 2003 1st sp. sess. [2003 1st sp.s. c 29 § 10.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
41.05.900
41.05.520 Pharmacy connection program—Notice.
(1) The administrator shall establish and advertise a pharmacy connection program through which health care providers and members of the public can obtain information about
manufacturer-sponsored prescription drug assistance programs. The administrator shall ensure that the program has
staff available who can assist persons in procuring free or discounted medications from manufacturer-sponsored prescription drug assistance programs by:
(a) Determining whether an assistance program is
offered for the needed drug or drugs;
(b) Evaluating the likelihood of a person obtaining drugs
from an assistance program under the guidelines formulated;
(c) Assisting persons with the application and enrollment
in an assistance program;
(d) Coordinating and assisting physicians and others
authorized to prescribe medications with communications,
including applications, made on behalf of a person to a participating manufacturer to obtain approval of the person in an
assistance program; and
(e) Working with participating manufacturers to simplify
the system whereby eligible persons access drug assistance
programs, including development of a single application
form and uniform enrollment process.
(2) Notice regarding the pharmacy connection program
shall initially target senior citizens, but the program shall be
available to anyone, and shall include a toll-free telephone
number, available during regular business hours, that may be
used to obtain information.
(3) The administrator may apply for and accept grants or
gifts and may enter into interagency agreements or contracts
with other state agencies or private organizations to assist
with the implementation of this program including, but not
limited to, contracts, gifts, or grants from pharmaceutical
manufacturers to assist with the direct costs of the program.
(4) The administrator shall notify pharmaceutical companies doing business in Washington of the pharmacy connection program. Any pharmaceutical company that does
41.05.520
[Title 41 RCW—page 40]
41.05.900 Short title. This chapter shall be known as
the Washington state health care reform act of 1988. [1988 c
107 § 1.]
41.05.901
41.05.901 Implementation—Effective dates—1988 c
107. (1) The state health care authority shall be established
and shall take such steps as are necessary to ensure that this
act is fully implemented on October 1, 1988.
There is hereby appropriated for the biennium ending
June 30, 1989, the sum of one million three hundred thousand
dollars, or as much thereof as is necessary, to the office of the
governor from the state employees' insurance administrative
account, for the purposes of implementing this subsection.
(2) Subsection (1) of this section, RCW 48.14.027 and
82.04.4331, and sections 13 and 31, chapter 107, Laws of
1988 are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect
March 16, 1988.
(3) The remainder of this act shall take effect on October
1, 1988. [1988 c 107 § 36.]
Chapter 41.06
Chapter 41.06 RCW
STATE CIVIL SERVICE LAW
Sections
41.06.010
41.06.020
41.06.022
41.06.030
41.06.040
41.06.070
41.06.071
41.06.072
41.06.073
41.06.074
Declaration of purpose.
Definitions.
"Manager"—Definition.
Department of personnel established.
Scope of chapter.
Exemptions—Right of reversion to civil service status—
Exception.
Department of corrections—Certain personnel exempted from
chapter.
Department of community, trade, and economic development—Certain personnel exempted from chapter.
Department of ecology—Certain personnel exempted from
chapter.
Department of health—Certain personnel exempted from
chapter.
(2004 Ed.)
State Civil Service Law
41.06.075
41.06.076
41.06.077
41.06.079
41.06.080
41.06.082
41.06.083
41.06.084
41.06.085
41.06.086
41.06.087
41.06.088
41.06.093
41.06.094
41.06.110
41.06.111
41.06.120
41.06.130
41.06.133
41.06.136
41.06.139
41.06.142
41.06.150
41.06.150
41.06.152
41.06.155
41.06.160
41.06.167
41.06.169
41.06.170
41.06.176
41.06.186
41.06.196
41.06.220
41.06.250
41.06.260
41.06.270
41.06.280
41.06.285
41.06.290
41.06.340
41.06.350
41.06.380
(2004 Ed.)
Office of financial management—Certain personnel exempted
from chapter.
Department of social and health services—Certain personnel
exempted from chapter.
Department of veterans affairs—Certain personnel exempted
from chapter.
Department of transportation—Certain personnel exempted
from chapter.
Department of personnel's services available on request to certain governmental entities—Reimbursement.
Office of minority and women's business enterprises—Certain
personnel exempted from chapter.
Law revision commission—Personnel exempted from chapter.
Department of agriculture—Certain personnel exempted from
chapter.
World fair commission—Certain personnel exempted from
chapter.
Washington state school directors' association—Certain personnel exempted from chapter.
Economic and revenue forecast supervisor and staff—Caseload forecast supervisor and staff—Exempted from chapter.
State internship program—Positions exempt from chapter.
Washington state patrol—Certain personnel exempted from
chapter.
Department of information services—Certain personnel
exempted from chapter.
Washington personnel resources board—Created—Term—
Qualifications, conditions—Compensation, travel
expenses—Officers, quorum, records.
Personnel appeals board abolished—Powers, duties, and functions transferred to the Washington personnel resources
board.
Meetings of board—Hearings authorized, notice—Majority to
approve release of findings—Administration of oaths.
Director of personnel—Appointment—Rules—Powers and
duties—Delegation of authority.
Rules of director—Mandatory subjects—Personnel administration.
Board review of rules affecting classified service—Rules to be
developed—Goals.
Classification system for classified service—Director implements—Rules of the board—Appeals.
Purchasing services by contract—Effect on employees in the
classified service—Criteria to be met—Bidding—Definitions.
Rules of board—Mandatory subjects—Personnel administration.
Rules of director—Mandatory subjects—Personnel administration (as amended by 2002 c 354).
Job classification revisions, class studies, salary adjustments—Limitations.
Salaries—Implementation of changes to achieve comparable
worth.
Classification and salary schedules to consider rates in other
public and private employment—Wage and fringe benefits
surveys—Limited public disclosure exemption.
Compensation surveys required for officers and officer candidates of the Washington state patrol—Limited public disclosure exemption.
Employee performance evaluations—Standardized procedures and forms required to be developed.
Reduction, suspension, dismissal, demotion of employee—
Right to appeal.
Employee performance evaluations—Written notification of
deficiencies.
Employee performance evaluations—Termination of employment—Rules.
Employee performance evaluations—Termination of supervisors tolerating inadequate employee performance.
Reemployment list—Reinstatement after appeal, guaranteed
rights and benefits.
Political activities.
Conflict with federal requirements—Effect—Rules to conform chapter.
Salary withheld unless employment is in accord with chapter—Certification of payrolls, procedures.
Department of personnel service fund—Created—Charges to
agencies, payment—Use, disbursement.
Higher education personnel service fund.
Personnel subject to chapter 47.64 RCW not affected.
Determination of appropriate bargaining units—Unfair labor
practices provisions applicable to chapter.
Acceptance of federal funds authorized.
Purchasing services by contract not prohibited—Limitations.
41.06.382
41.06.400
41.06.410
41.06.420
41.06.450
41.06.455
41.06.460
41.06.475
41.06.476
41.06.480
41.06.490
41.06.500
41.06.510
41.06.530
41.06.540
41.06.900
41.06.910
41.06.911
41.06.020
Purchasing services by contract not prohibited—Limitations.
Training and career development programs—Powers and
duties of director.
Agency training and career development plans—Report—
Budget.
Entry-level management training course—Requirements—
Suspension—Waiver—Designation of supervisory or management positions.
Destruction or retention of information relating to employee
misconduct.
Destruction of employee records authorized if consistent with
other laws.
Application of RCW 41.06.450 and 41.06.455 to classified
and exempt employees.
State employment in the supervision, care, or treatment of children or developmentally disabled persons—Rules on background investigation.
Background investigation rules—Updating.
Background check disqualification—Policy recommendations.
State employee return-to-work program.
Managers—Rules—Goals.
Institutions of higher education—Designation of personnel
officer.
Personnel resource and management policy—Implementation.
Joint employee-management committees.
Short title.
Severability—1961 c 1.
Severability—1975-'76 2nd ex.s. c 43.
Qualifications for persons assessing real property—Examination: RCW
36.21.015.
Sexual misconduct by state employees: RCW 13.40.570 and 72.09.225.
41.06.010
41.06.010 Declaration of purpose. The general purpose of this chapter is to establish for the state a system of
personnel administration based on merit principles and scientific methods governing the appointment, promotion, transfer, layoff, recruitment, retention, classification and pay plan,
removal, discipline, training and career development, and
welfare of its civil employees, and other incidents of state
employment. All appointments and promotions to positions,
and retention therein, in the state service, shall be made on
the basis of policies hereinafter specified. [1980 c 118 § 1;
1961 c 1 § 1 (Initiative Measure No. 207, approved November 8, 1960).]
Severability—1980 c 118: "If any provision of this 1980 act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1980 c 118 § 10.]
41.06.020
41.06.020 Definitions. Unless the context clearly indicates otherwise, the words used in this chapter have the
meaning given in this section.
(1) "Agency" means an office, department, board, commission, or other separate unit or division, however designated, of the state government and all personnel thereof; it
includes any unit of state government established by law, the
executive officer or members of which are either elected or
appointed, upon which the statutes confer powers and impose
duties in connection with operations of either a governmental
or proprietary nature.
(2) "Board" means the Washington personnel resources
board established under the provisions of RCW 41.06.110,
except that this definition does not apply to the words "board"
or "boards" when used in RCW 41.06.070.
(3) "Classified service" means all positions in the state
service subject to the provisions of this chapter.
[Title 41 RCW—page 41]
41.06.022
Title 41 RCW: Public Employment, Civil Service, and Pensions
(4) "Competitive service" means all positions in the classified service for which a competitive examination is
required as a condition precedent to appointment.
(5) "Comparable worth" means the provision of similar
salaries for positions that require or impose similar responsibilities, judgments, knowledge, skills, and working conditions.
(6) "Noncompetitive service" means all positions in the
classified service for which a competitive examination is not
required.
(7) "Department" means an agency of government that
has as its governing officer a person, or combination of persons such as a commission, board, or council, by law empowered to operate the agency responsible either to (a) no other
public officer or (b) the governor.
(8) "Career development" means the progressive development of employee capabilities to facilitate productivity,
job satisfaction, and upward mobility through work assignments as well as education and training that are both statesponsored and are achieved by individual employee efforts,
all of which shall be consistent with the needs and obligations
of the state and its agencies.
(9) "Training" means activities designed to develop jobrelated knowledge and skills of employees.
(10) "Director" means the director of personnel
appointed under the provisions of RCW 41.06.130.
(11) "Affirmative action" means a procedure by which
racial minorities, women, persons in the protected age category, persons with disabilities, Vietnam-era veterans, and
disabled veterans are provided with increased employment
opportunities. It shall not mean any sort of quota system.
(12) "Institutions of higher education" means the University of Washington, Washington State University, Central
Washington University, Eastern Washington University,
Western Washington University, The Evergreen State College, and the various state community colleges.
(13) "Related boards" means the state board for community and technical colleges; and such other boards, councils,
and commissions related to higher education as may be established. [1993 c 281 § 19. Prior: 1985 c 461 § 1; 1985 c 365
§ 3; 1983 1st ex.s. c 75 § 4; 1982 1st ex.s. c 53 § 1; 1980 c 118
§ 2; 1970 ex.s. c 12 § 1; prior: 1969 ex.s. c 36 § 21; 1969 c
45 § 6; 1967 ex.s. c 8 § 48; 1961 c 1 § 2 (Initiative Measure
No. 207, approved November 8, 1960).]
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1985 c 461: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 461 § 17.]
Severability—1982 1st ex.s. c 53: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1982 1st ex.s. c 53 § 32.]
Severability—1980 c 118: See note following RCW 41.06.010.
41.06.022
41.06.022 "Manager"—Definition. For purposes of
this chapter, "manager" means any employee who:
(1) Formulates statewide policy or directs the work of an
agency or agency subdivision;
(2) Is responsible to administer one or more statewide
policies or programs of an agency or agency subdivision;
[Title 41 RCW—page 42]
(3) Manages, administers, and controls a local branch
office of an agency or agency subdivision, including the
physical, financial, or personnel resources;
(4) Has substantial responsibility in personnel administration, legislative relations, public information, or the preparation and administration of budgets; or
(5) Functionally is above the first level of supervision
and exercises authority that is not merely routine or clerical in
nature and requires the consistent use of independent judgment.
No employee who is a member of the Washington management service may be included in a collective bargaining
unit established under RCW 41.80.001 and 41.80.010
through 41.80.130. [2002 c 354 § 207; 1993 c 281 § 8.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Effective date—1993 c 281: "Sections 1 through 66 and 68 through 71
of this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect July 1, 1993." [1993 c 281 § 74.]
41.06.030
41.06.030 Department of personnel established. A
department of personnel is hereby established as a separate
agency within the state government. [2002 c 354 § 201; 1993
c 281 § 20; 1961 c 1 § 3 (Initiative Measure No. 207,
approved November 8, 1960).]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.040
41.06.040 Scope of chapter. The provisions of this
chapter apply to:
(1) Each board, commission or other multimember body,
including, but not limited to, those consisting in whole or in
part of elective officers;
(2) Each agency, and each employee and position
therein, not expressly excluded or exempted under the provisions of RCW 41.06.070. [1969 ex.s. c 36 § 22; 1961 c 1 § 4
(Initiative Measure No. 207, approved November 8, 1960).]
41.06.070
41.06.070 Exemptions—Right of reversion to civil
service status—Exception. (1) The provisions of this chapter do not apply to:
(a) The members of the legislature or to any employee
of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, joint legislative audit and review committee,
statute law committee, and any interim committee of the legislature;
(b) The justices of the supreme court, judges of the court
of appeals, judges of the superior courts or of the inferior
courts, or to any employee of, or position in the judicial
branch of state government;
(c) Officers, academic personnel, and employees of technical colleges;
(d) The officers of the Washington state patrol;
(e) Elective officers of the state;
(f) The chief executive officer of each agency;
(g) In the departments of employment security and social
and health services, the director and the director's confidential secretary; in all other departments, the executive head of
(2004 Ed.)
State Civil Service Law
which is an individual appointed by the governor, the director, his or her confidential secretary, and his or her statutory
assistant directors;
(h) In the case of a multimember board, commission, or
committee, whether the members thereof are elected,
appointed by the governor or other authority, serve ex officio,
or are otherwise chosen:
(i) All members of such boards, commissions, or committees;
(ii) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: The secretary of the board, commission, or committee; the chief executive officer of the board, commission,
or committee; and the confidential secretary of the chief
executive officer of the board, commission, or committee;
(iii) If the members of the board, commission, or committee serve on a full-time basis: The chief executive officer
or administrative officer as designated by the board, commission, or committee; and a confidential secretary to the chair
of the board, commission, or committee;
(iv) If all members of the board, commission, or committee serve ex officio: The chief executive officer; and the confidential secretary of such chief executive officer;
(i) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the
state;
(j) Assistant attorneys general;
(k) Commissioned and enlisted personnel in the military
service of the state;
(l) Inmate, student, part-time, or temporary employees,
and part-time professional consultants, as defined by the
Washington personnel resources board;
(m) The public printer or to any employees of or positions in the state printing plant;
(n) Officers and employees of the Washington state fruit
commission;
(o) Officers and employees of the *Washington state
apple advertising commission;
(p) Officers and employees of the Washington state dairy
products commission;
(q) Officers and employees of the Washington tree fruit
research commission;
(r) Officers and employees of the Washington state beef
commission;
(s) Officers and employees of any commission formed
under chapter 15.66 RCW;
(t) Officers and employees of agricultural commissions
formed under chapter 15.65 RCW;
(u) Officers and employees of the nonprofit corporation
formed under chapter 67.40 RCW;
(v) Executive assistants for personnel administration and
labor relations in all state agencies employing such executive
assistants including but not limited to all departments,
offices, commissions, committees, boards, or other bodies
subject to the provisions of this chapter and this subsection
shall prevail over any provision of law inconsistent herewith
unless specific exception is made in such law;
(w) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors,
and not more than three principal policy assistants who report
directly to the agency head or deputy agency heads;
(2004 Ed.)
41.06.070
(x) All employees of the marine employees' commission;
(y) Staff employed by the department of community,
trade, and economic development to administer energy policy functions and manage energy site evaluation council
activities under RCW 43.21F.045(2)(m);
(z) Staff employed by Washington State University to
administer energy education, applied research, and technology transfer programs under RCW 43.21F.045 as provided in
RCW 28B.30.900(5).
(2) The following classifications, positions, and employees of institutions of higher education and related boards are
hereby exempted from coverage of this chapter:
(a) Members of the governing board of each institution
of higher education and related boards, all presidents, vicepresidents, and their confidential secretaries, administrative,
and personal assistants; deans, directors, and chairs; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher
education; principal assistants to executive heads of major
administrative or academic divisions; other managerial or
professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources
and program results, or for the formulation of institutional
policy, or for carrying out personnel administration or labor
relations functions, legislative relations, public information,
development, senior computer systems and network programming, or internal audits and investigations; and any
employee of a community college district whose place of
work is one which is physically located outside the state of
Washington and who is employed pursuant to RCW
28B.50.092 and assigned to an educational program operating outside of the state of Washington;
(b) The governing board of each institution, and related
boards, may also exempt from this chapter classifications
involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation
or special training as determined by the board: PROVIDED,
That no nonacademic employee engaged in office, clerical,
maintenance, or food and trade services may be exempted by
the board under this provision;
(c) Printing craft employees in the department of printing
at the University of Washington.
(3) In addition to the exemptions specifically provided
by this chapter, the director of personnel may provide for further exemptions pursuant to the following procedures. The
governor or other appropriate elected official may submit
requests for exemption to the director of personnel stating the
reasons for requesting such exemptions. The director of personnel shall hold a public hearing, after proper notice, on
requests submitted pursuant to this subsection. If the director
determines that the position for which exemption is requested
is one involving substantial responsibility for the formulation
of basic agency or executive policy or one involving directing and controlling program operations of an agency or a
major administrative division thereof, the director of personnel shall grant the request and such determination shall be
final as to any decision made before July 1, 1993. The total
number of additional exemptions permitted under this subsection shall not exceed one percent of the number of
[Title 41 RCW—page 43]
41.06.071
Title 41 RCW: Public Employment, Civil Service, and Pensions
employees in the classified service not including employees
of institutions of higher education and related boards for
those agencies not directly under the authority of any elected
public official other than the governor, and shall not exceed a
total of twenty-five for all agencies under the authority of
elected public officials other than the governor.
The salary and fringe benefits of all positions presently
or hereafter exempted except for the chief executive officer
of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in
the immediate office of an elected state official, and the personnel listed in subsections (1)(j) through (u) and (x) and (2)
of this section, shall be determined by the director of personnel. Changes to the classification plan affecting exempt salaries must meet the same provisions for classified salary
increases resulting from adjustments to the classification plan
as outlined in RCW 41.06.152.
Any person holding a classified position subject to the
provisions of this chapter shall, when and if such position is
subsequently exempted from the application of this chapter,
be afforded the following rights: If such person previously
held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.
Any classified employee having civil service status in a
classified position who accepts an appointment in an exempt
position shall have the right of reversion to the highest class
of position previously held, or to a position of similar nature
and salary.
A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance
does not have the right of reversion to a classified position as
provided for in this section. [2002 c 354 § 209; 1998 c 245 §
40. Prior: 1996 c 319 § 3; 1996 c 288 § 33; 1996 c 186 § 109;
1995 c 163 § 1; 1994 c 264 § 13; prior: 1993 sp.s. c 2 § 15;
1993 c 379 § 306; 1993 c 281 § 21; 1990 c 60 § 101; 1989 c
96 § 8; 1987 c 389 § 2; 1985 c 221 § 1; 1984 c 210 § 2; 1983
c 15 § 21; 1982 1st ex.s. c 53 § 2; 1981 c 225 § 2; 1980 c 87
§ 14; 1973 1st ex.s. c 133 § 1; 1972 ex.s. c 11 § 1; prior: 1971
ex.s. c 209 § 1; 1971 ex.s. c 59 § 1; 1971 c 81 § 100; 1969
ex.s. c 36 § 23; 1967 ex.s. c 8 § 47; 1961 c 179 § 1; 1961 c 1
§ 7 (Initiative Measure No. 207, approved November 8,
1960).]
*Reviser's note: The "Washington state apple advertising commission"
was renamed the "Washington apple commission" by 2002 c 313 § 115.
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Effective date—1995 c 163: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 1, 1995]." [1995 c 163 § 2.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1990 c 60: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
[Title 41 RCW—page 44]
application of the provision to other persons or circumstances is not
affected." [1990 c 60 § 403.]
Subheadings not law—1990 c 60: "Subheadings as used in this act do
not constitute any part of the law." [1990 c 60 § 401.]
Severability—1987 c 389: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 389 § 8.]
Effective date—1987 c 389: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1987." [1987 c 389 § 9.]
Savings—Severability—1984 c 210: See notes following RCW
67.40.020.
Severability—1983 c 15: See RCW 47.64.910.
Severability—1982 1st ex.s. c 53: See note following RCW 41.06.020.
Severability—1967 ex.s. c 8: See RCW 28B.50.910.
County road administration board: RCW 36.78.060.
State agencies and departments—Certain personnel exempted from chapter
basic health plan: RCW 70.47.040.
board of health: RCW 43.20.030.
caseload forecast supervisor and staff: RCW 41.06.087.
center for volunteerism and citizen service: RCW 43.150.040.
Columbia River Gorge commission: RCW 43.97.015.
commission on judicial conduct: RCW 2.64.050.
council for the prevention of child abuse and neglect: RCW 43.121.040.
department of
agriculture: RCW 41.06.084.
corrections: RCW 41.06.071.
ecology: RCW 41.06.073, 43.21A.100.
general administration, supervisor of motor transport: RCW 43.19.585.
health: RCW 43.70.020.
information services: RCW 41.06.094.
retirement systems: RCW 41.50.070.
services for the blind: RCW 74.18.050.
social and health services: RCW 41.06.076, 43.20A.090.
transportation: RCW 41.06.079, 47.01.081.
veterans affairs: RCW 41.06.077.
economic and revenue forecast supervisor and staff: RCW 41.06.087.
gambling commission: RCW 9.46.080.
law revision commission: RCW 41.06.083.
office of
administrative hearings: RCW 34.12.030.
financial management: RCW 41.06.075, 43.41.080.
minority and women's business enterprises: RCW 39.19.030.
state actuary: RCW 44.44.030.
state convention and trade center: RCW 67.40.020.
state internship program: RCW 41.06.088.
state investment board: RCW 43.33A.100.
state lottery commission: RCW 67.70.050.
state school directors' association: RCW 41.06.086.
state treasurer: RCW 43.08.120.
state veterinarian: RCW 41.06.084.
superintendent of public instruction: RCW 28A.300.020.
Washington conservation corps: RCW 43.220.070.
Washington service corps: RCW 50.65.110.
Washington state patrol, drug control assistance unit: RCW 43.43.640.
world fair commission: RCW 41.06.085.
youth development and conservation corps: RCW 79A.05.520.
41.06.071 Department of corrections—Certain personnel exempted from chapter. In addition to the exemptions provided under RCW 41.06.070, the provisions of this
chapter shall not apply in the department of corrections to the
secretary, the secretary's personal secretary, the deputy secretaries and their personal secretaries, all assistant deputy secretaries and their personal secretaries, all regional administrators and program administrators, all facility superintendents
and associate superintendents for facilities with a resident
capacity of fifty or more, and all management and sales staff
41.06.071
(2004 Ed.)
State Civil Service Law
of correctional industries. [1999 c 122 § 1; 1989 c 185 § 1;
1983 c 175 § 1; 1981 c 136 § 28.]
Effective date—1981 c 136: See RCW 72.09.900.
41.06.072
41.06.072 Department of community, trade, and economic development—Certain personnel exempted from
chapter. In addition to the exemptions set forth in this chapter, this chapter shall not apply within the department of community, trade, and economic development to the director, one
confidential secretary, the deputy directors, all assistant
directors, the state historic preservation officer, and up to two
professional staff members within the emergency management program. [1995 c 399 § 59; 1986 c 266 § 8.]
Severability—1986 c 266: See note following RCW 38.52.005.
41.06.080
This section expires June 30, 2005. [1997 c 386 § 1;
1993 c 281 § 22; 1980 c 73 § 1; 1970 ex.s. c 18 § 8.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
41.06.077
41.06.077 Department of veterans affairs—Certain
personnel exempted from chapter. In addition to the
exemptions set forth in RCW 41.06.070, the provisions of
this chapter shall not apply in the department of veterans
affairs to the director, the deputy director, no more than two
assistant directors, a confidential secretary for the deputy
director, and a confidential secretary for each assistant director. [2001 c 84 § 1; 1975-'76 2nd ex.s. c 115 § 7.]
Severability—1975-'76 2nd ex.s. c 115: See RCW 43.60A.908.
41.06.073
41.06.073 Department of ecology—Certain personnel exempted from chapter. In addition to the exemptions
set forth in RCW 41.06.070, the provisions of this chapter
shall not apply in the department of ecology to the director,
his confidential secretary, his deputy director, and not to
exceed six assistant directors. [1970 ex.s. c 62 § 11.]
Savings—Severability—Effective date—1970 ex.s. c 62: See notes
following RCW 43.21A.010.
41.06.074
41.06.074 Department of health—Certain personnel
exempted from chapter. In addition to the exemptions
under RCW 41.06.070, the provisions of this chapter shall
not apply in the department of health to any deputy secretary,
assistant secretary, or person who administers the necessary
divisions, offices, bureaus, and programs and five additional
positions involved in policy or program direction. [1989 1st
ex.s. c 9 § 813.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
41.06.075
41.06.075 Office of financial management—Certain
personnel exempted from chapter. In addition to the
exemptions set forth in RCW 41.06.070, the provisions of
this chapter shall not apply in the office of financial management to the director, his confidential secretary, not to exceed
two deputy directors and not to exceed seven assistant directors. [1979 c 151 § 56; 1969 ex.s. c 239 § 7.]
Office of financial management: Chapter 43.41 RCW.
41.06.076
41.06.076 Department of social and health services—
Certain personnel exempted from chapter. (Expires June
30, 2005.) In addition to the exemptions set forth in RCW
41.06.070, the provisions of this chapter shall not apply in the
department of social and health services to the secretary; the
secretary's executive assistant, if any; not to exceed six assistant secretaries, thirteen division directors, six regional directors; one confidential secretary for each of the above-named
officers; not to exceed six bureau chiefs; all social worker V
positions; and all superintendents of institutions of which the
average daily population equals or exceeds one hundred residents: PROVIDED, That each such confidential secretary
must meet the minimum qualifications for the class of secretary II as determined by the Washington personnel resources
board.
(2004 Ed.)
41.06.079
41.06.079 Department of transportation—Certain
personnel exempted from chapter. In addition to the
exemptions set forth in RCW 41.06.070, the provisions of
this chapter shall not apply in the department of transportation to the secretary, a deputy secretary, an administrative
assistant to the secretary, if any, one assistant secretary for
each division designated pursuant to RCW 47.01.081, one
confidential secretary for each of the above-named officers,
up to six transportation district administrators and one confidential secretary for each district administrator, up to six
additional new administrators or confidential secretaries designated by the secretary of the department of transportation
and approved by the Washington personnel resources board
pursuant to the provisions of RCW 41.06.070, the legislative
liaison for the department, the state construction engineer, the
state aid engineer, the personnel manager, the state project
development engineer, the state maintenance and operations
engineer, one confidential secretary for each of the lastnamed five positions, and a confidential secretary for the
public affairs administrator. The individuals appointed under
this section shall be exempt from the provisions of the state
civil service law, and shall be paid salaries to be fixed by the
governor in accordance with the procedure established by
law for the fixing of salaries for individuals exempt from the
operation of the state civil service law. [2002 c 354 § 239;
1993 c 281 § 23; 1985 c 178 § 1; 1977 ex.s. c 151 § 13.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Effective date—1993 c 281: See note following RCW 41.06.022.
Exempt positions filled pending permanent appointment—1977
ex.s. c 151: "If on September 21, 1977, any exempt position designated
hereinabove has not been filled by appointment, the person serving in the
comparable exempt position, if any, in an agency whose functions are by
*section 3 of this 1977 amendatory act transferred to the department of transportation shall fill such exempt position until a permanent appointment
thereto has been made." [1977 ex.s. c 151 § 14.]
*Reviser's note: "section 3 of this 1977 amendatory act" is codified as
RCW 47.01.031.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
41.06.080
41.06.080 Department of personnel's services available on request to certain governmental entities—Reimbursement. Notwithstanding the provisions of this chapter,
the department of personnel may make its services available
on request, on a reimbursable basis, to:
[Title 41 RCW—page 45]
41.06.082
Title 41 RCW: Public Employment, Civil Service, and Pensions
(1) Either the legislative or the judicial branch of the
state government;
(2) Any county, city, town, or other municipal subdivision of the state;
(3) The institutions of higher learning;
(4) Any agency, class, or position set forth in RCW
41.06.070. [1970 ex.s. c 12 § 2. Prior: 1969 ex.s. c 152 § 2;
1969 c 45 § 5; 1961 c 1 § 8 (Initiative Measure No. 207,
approved November 8, 1960).]
41.06.082
41.06.082 Office of minority and women's business
enterprises—Certain personnel exempted from chapter.
In addition to the exemptions set forth in RCW 41.06.070,
this chapter shall not apply in the office of minority and
women's business enterprises to the director, the director's
confidential secretary, and the deputy director. [1983 c 120 §
14.]
Effective date—Applicability—Severability—Conflict with federal
requirements—1983 c 120: See RCW 39.19.910, 39.19.920.
41.06.083
41.06.083 Law revision commission—Personnel
exempted from chapter. The provisions of this chapter do
not apply to any position in or employee of the Washington
law revision commission. [1982 c 183 § 10.]
Effective date—1990 c 229: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1990." [1990 c 229 § 12.]
41.06.088
41.06.088 State internship program—Positions
exempt from chapter. This chapter does not apply to positions under the state internship program established under
RCW 43.06.410. [1985 c 442 § 8.]
Construction—Severability—1985 c 442: See notes following RCW
43.06.410.
41.06.093
41.06.093 Washington state patrol—Certain personnel exempted from chapter. In addition to the exemptions
set forth in RCW 41.06.070, the provisions of this chapter
shall not apply in the Washington state patrol to confidential
secretaries of agency bureau chiefs, or their functional equivalent, and a confidential secretary for the chief of staff: PROVIDED, That each confidential secretary must meet the minimum qualifications for the class of secretary II as determined by the Washington personnel resources board. [1993
c 281 § 24; 1990 c 14 § 1.]
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.094
41.06.084
41.06.084 Department of agriculture—Certain personnel exempted from chapter. In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the department of agriculture to the
director, the director's confidential secretary, the deputy
director, not more than eight assistant directors, the state veterinarian, and the milk pooling administrator employed under
RCW 15.35.100. [1992 c 58 § 3; 1990 c 37 § 2; 1983 c 248
§ 11.]
41.06.094 Department of information services—Certain personnel exempted from chapter. In addition to the
exemptions under RCW 41.06.070, the provisions of this
chapter shall not apply in the department of information services to up to twelve positions in the planning component
involved in policy development and/or senior professionals.
[1987 c 504 § 7.]
Severability—Effective date—1987 c 504: See RCW 43.105.901 and
43.105.902.
41.06.110
41.06.085
41.06.085 World fair commission—Certain personnel exempted from chapter. In addition to the exemptions
set forth in RCW 41.06.070, the provisions of this chapter
shall not apply to the executive director and one confidential
secretary of the world fair commission created in chapter
177, Laws of 1983. [1983 c 177 § 6.]
41.06.086
41.06.086 Washington state school directors' association—Certain personnel exempted from chapter. In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply to officers and employees
of the Washington state school directors' association. [1983
c 187 § 5.]
Termination—Sunset review—Expiration date—Effective date—
1983 c 187: See RCW 28A.345.900, 28A.345.902.
41.06.087
41.06.087 Economic and revenue forecast supervisor
and staff—Caseload forecast supervisor and staff—
Exempted from chapter. In addition to the exemptions set
forth in RCW 41.06.070, this chapter does not apply to the
economic and revenue forecast supervisor and staff
employed under RCW 82.33.010 or the caseload forecast
supervisor and staff employed under RCW 43.88C.010.
[1997 c 168 § 4; 1990 c 229 § 3; 1984 c 138 § 2.]
Effective date—1997 c 168: See RCW 43.88C.900.
[Title 41 RCW—page 46]
41.06.110 Washington personnel resources board—
Created—Term—Qualifications, conditions—Compensation, travel expenses—Officers, quorum, records. (1)
There is hereby created a Washington personnel resources
board composed of three members appointed by the governor, subject to confirmation by the senate. The members of
the personnel board serving June 30, 1993, shall be the members of the Washington personnel resources board, and they
shall complete their terms as under the personnel board. Each
odd-numbered year thereafter the governor shall appoint a
member for a six-year term. Each member shall continue to
hold office after the expiration of the member's term until a
successor has been appointed. Persons so appointed shall
have clearly demonstrated an interest and belief in the merit
principle, shall not hold any other employment with the state,
shall not have been an officer of a political party for a period
of one year immediately prior to such appointment, and shall
not be or become a candidate for partisan elective public
office during the term to which they are appointed;
(2) Each member of the board shall be compensated in
accordance with RCW 43.03.250. The members of the board
may receive any number of daily payments for official meetings of the board actually attended. Members of the board
shall also be reimbursed for travel expenses incurred in the
discharge of their official duties in accordance with RCW
43.03.050 and 43.03.060.
(2004 Ed.)
State Civil Service Law
41.06.130
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Effective date—1993 c 281: See note following RCW 41.06.022.
to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that
may be appropriate thereafter in accordance with the laws
and rules governing state civil service.
(4) All rules and all pending business before the personnel appeals board shall be continued and acted upon by the
Washington personnel resources board. All existing contracts
and obligations shall remain in full force and shall be performed by the department of personnel.
(5) The transfer of the powers, duties, functions, and personnel of the personnel appeals board shall not affect the
validity of any act performed before July 1, 2006.
(6) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer.
Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment
records in accordance with the certification. [2002 c 354 §
233.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
(3) At its first meeting following the appointment of all
of its members, and annually thereafter, the board shall elect
a chair and vice-chair from among its members to serve one
year. The presence of at least two members of the board shall
constitute a quorum to transact business. A written public
record shall be kept by the board of all actions of the board.
The director of personnel shall serve as secretary.
(4) The board may appoint and compensate hearing
officers to hear and conduct appeals. Such compensation
shall be paid on a contractual basis for each hearing, in accordance with the provisions of chapter 43.88 RCW and rules
adopted pursuant thereto, as they relate to personal service
contracts. [2002 c 354 § 210; 1993 c 281 § 25; 1984 c 287 §
69; 1982 c 10 § 8. Prior: 1981 c 338 § 20; 1981 c 311 § 16;
1977 c 6 § 2; prior: 1975-'76 2nd ex.s. c 43 § 1; 1975-'76 2nd
ex.s. c 34 § 86; 1961 c 1 § 11 (Initiative Measure No. 207,
approved November 8, 1960).]
Severability—1982 c 10: See note following RCW 6.13.080.
41.06.120 Meetings of board—Hearings authorized,
notice—Majority to approve release of findings—Administration of oaths. (1) In the necessary conduct of its work,
the board shall meet monthly unless there is no pending business requiring board action and may hold hearings, such
hearings to be called by (a) the chairman of the board, or (b)
a majority of the members of the board. An official notice of
the calling of the hearing shall be filed with the secretary, and
all members shall be notified of the hearing within a reasonable period of time prior to its convening.
(2) No release of material or statement of findings shall
be made except with the approval of a majority of the board;
(3) In the conduct of hearings or investigations, a member of the board or the director of personnel, or the hearing
officer, may administer oaths. [1981 c 311 § 17; 1975-'76
2nd ex.s. c 43 § 2; 1961 c 1 § 12 (Initiative Measure No. 207,
approved November 8, 1960).]
41.06.120
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Adoption of rules for leave sharing program: RCW 41.04.670.
Appointment and compensation of institutional chaplains: RCW 72.01.210.
41.06.111
41.06.111 Personnel appeals board abolished—Powers, duties, and functions transferred to the Washington
personnel resources board. (Effective July 1, 2006.) (1)
The personnel appeals board is hereby abolished and its powers, duties, and functions are hereby transferred to the Washington personnel resources board. All references to the executive secretary or the personnel appeals board in the Revised
Code of Washington shall be construed to mean the director
of the department of personnel or the Washington personnel
resources board.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the personnel appeals board shall be delivered to the custody of the
department of personnel. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed
by the personnel appeals board shall be made available to the
department of personnel. All funds, credits, leases, or other
assets held by the personnel appeals board shall be assigned
to the department of personnel.
(b) Any appropriations made to the personnel appeals
board shall, on July 1, 2006, be transferred and credited to the
department of personnel.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise
of the powers and the performance of the duties and functions
transferred, the director of financial management shall make
a determination as to the proper allocation and certify the
same to the state agencies concerned.
(3) All employees of the personnel appeals board are
transferred to the jurisdiction of the department of personnel.
All employees classified under chapter 41.06 RCW, the state
civil service law, are assigned to the department of personnel
(2004 Ed.)
41.06.130 Director of personnel—Appointment—
Rules—Powers and duties—Delegation of authority. The
office of director of personnel is hereby established.
(1) The director of personnel shall be appointed by the
governor. The governor shall consult with, but shall not be
obligated by recommendations of the board. The director's
appointment shall be subject to confirmation by the senate.
(2) The director of personnel shall serve at the pleasure
of the governor.
(3) The director of personnel shall direct and supervise
all the department of personnel's administrative and technical
activities in accordance with the provisions of this chapter
and the rules adopted under it. The director shall prepare for
consideration by the board proposed rules required by this
chapter. The director's salary shall be fixed by the governor.
(4) The director of personnel may delegate to any agency
the authority to perform administrative and technical personnel activities if the agency requests such authority and the
director of personnel is satisfied that the agency has the personnel management capabilities to effectively perform the
41.06.130
[Title 41 RCW—page 47]
41.06.133
Title 41 RCW: Public Employment, Civil Service, and Pensions
delegated activities. The director of personnel shall prescribe
standards and guidelines for the performance of delegated
activities. If the director of personnel determines that an
agency is not performing delegated activities within the prescribed standards and guidelines, the director shall withdraw
the authority from the agency to perform such activities.
[1993 c 281 § 26; 1982 1st ex.s. c 53 § 3; 1961 c 1 § 13 (Initiative Measure No. 207, approved November 8, 1960).]
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1982 1st ex.s. c 53: See note following RCW 41.06.020.
41.06.133
41.06.133 Rules of director—Mandatory subjects—
Personnel administration. The director shall adopt rules,
consistent with the purposes and provisions of this chapter
and with the best standards of personnel administration,
regarding the basis and procedures to be followed for:
(1) The reduction, dismissal, suspension, or demotion of
an employee;
(2) Training and career development;
(3) Probationary periods of six to twelve months and
rejections of probationary employees, depending on the job
requirements of the class, except that entry level state park
rangers shall serve a probationary period of twelve months;
(4) Transfers;
(5) Promotional preferences;
(6) Sick leaves and vacations;
(7) Hours of work;
(8) Layoffs when necessary and subsequent reemployment, except for the financial basis for layoffs;
(9) The number of names to be certified for vacancies;
(10) Adoption and revision of a state salary schedule to
reflect the prevailing rates in Washington state private industries and other governmental units. The rates in the salary
schedules or plans shall be increased if necessary to attain
comparable worth under an implementation plan under RCW
41.06.155 and, for institutions of higher education and related
boards, shall be competitive for positions of a similar nature
in the state or the locality in which an institution of higher
education or related board is located. Such adoption and revision is subject to approval by the director of financial management in accordance with chapter 43.88 RCW;
(11) Increment increases within the series of steps for
each pay grade based on length of service for all employees
whose standards of performance are such as to permit them to
retain job status in the classified service;
(12) Optional lump sum relocation compensation
approved by the agency director, whenever it is reasonably
necessary that a person make a domiciliary move in accepting a transfer or other employment with the state. An agency
must provide lump sum compensation within existing
resources. If the person receiving the relocation payment terminates or causes termination with the state, for reasons other
than layoff, disability separation, or other good cause as
determined by an agency director, within one year of the date
of the employment, the state is entitled to reimbursement of
the lump sum compensation from the person;
(13) Providing for veteran's preference as required by
existing statutes, with recognition of preference in regard to
layoffs and subsequent reemployment for veterans and their
surviving spouses by giving such eligible veterans and their
[Title 41 RCW—page 48]
surviving spouses additional credit in computing their seniority by adding to their unbroken state service, as defined by the
director, the veteran's service in the military not to exceed
five years. For the purposes of this section, "veteran" means
any person who has one or more years of active military service in any branch of the armed forces of the United States or
who has less than one year's service and is discharged with a
disability incurred in the line of duty or is discharged at the
convenience of the government and who, upon termination of
such service, has received an honorable discharge, a discharge for physical reasons with an honorable record, or a
release from active military service with evidence of service
other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given. However, the surviving
spouse of a veteran is entitled to the benefits of this section
regardless of the veteran's length of active military service.
For the purposes of this section, "veteran" does not include
any person who has voluntarily retired with twenty or more
years of active military service and whose military retirement
pay is in excess of five hundred dollars per month.
Rules adopted under this section by the director shall
provide for local administration and management by the
institutions of higher education and related boards, subject to
periodic audit and review by the director.
Rules adopted by the director under this section may be
superseded by the provisions of a collective bargaining
agreement negotiated under RCW 41.80.001 and 41.80.010
through 41.80.130. The supersession of such rules shall only
affect employees in the respective collective bargaining
units. [2002 c 354 § 204.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
41.06.136
41.06.136 Board review of rules affecting classified
service—Rules to be developed—Goals. (1) The board
shall conduct a comprehensive review of all rules in effect on
June 13, 2002, governing the classification, allocation, and
reallocation of positions within the classified service. In conducting this review, the board shall consult with state agencies, institutions of higher education, employee organizations, and members of the general public. The department
shall assist the board in the conduct of this review, which
shall be completed by the board no later than July 1, 2003.
(2) By March 15, 2004, the board shall adopt new rules
governing the classification, allocation, and reallocation of
positions in the classified service. In adopting such rules, the
board shall adhere to the following goals:
(a) To improve the effectiveness and efficiency of the
delivery of services to the citizens of the state through the use
of current personnel management processes and to promote a
workplace where the overall focus is on the recipient of governmental services;
(b) To develop a simplified classification system that
will substantially reduce the number of job classifications in
the classified service and facilitate the most effective use of
the state personnel resources;
(c) To develop a classification system to permit state
agencies to respond flexibly to changing technologies, economic and social conditions, and the needs of its citizens;
(d) To value workplace diversity;
(2004 Ed.)
State Civil Service Law
(e) To facilitate the reorganization and decentralization
of governmental services; and
(f) To enhance mobility and career advancement opportunities.
(3) Rules adopted by the board under subsection (2) of
this section shall permit an appointing authority and an
employee organization representing classified employees of
the appointing authority for collective bargaining purposes to
make a joint request for the initiation of a classification study.
[2002 c 354 § 205.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
41.06.139
41.06.139 Classification system for classified service—Director implements—Rules of the board—
Appeals. In accordance with rules adopted by the board
under RCW 41.06.136, the director shall, by January 1, 2005,
begin to implement a new classification system for positions
in the classified service. Any employee who believes that the
director has incorrectly applied the rules of the board in determining a job classification for a job held by that employee
may appeal the director's decision to the board by filing a
notice in writing within thirty days of the action from which
the appeal is taken. Decisions of the board concerning such
appeals are final and not subject to further appeal. [2002 c
354 § 206.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
41.06.142
41.06.142 Purchasing services by contract—Effect
on employees in the classified service—Criteria to be
met—Bidding—Definitions. (Effective July 1, 2005.) (1)
Any department, agency, or institution of higher education
may purchase services, including services that have been customarily and historically provided by employees in the classified service under this chapter, by contracting with individuals, nonprofit organizations, businesses, employee business
units, or other entities if the following criteria are met:
(a) The invitation for bid or request for proposal contains
measurable standards for the performance of the contract;
(b) Employees in the classified service whose positions
or work would be displaced by the contract are provided an
opportunity to offer alternatives to purchasing services by
contract and, if these alternatives are not accepted, compete
for the contract under competitive contracting procedures in
subsection (4) of this section;
(c) The contract with an entity other than an employee
business unit includes a provision requiring the entity to consider employment of state employees who may be displaced
by the contract;
(d) The department, agency, or institution of higher education has established a contract monitoring process to measure contract performance, costs, service delivery quality,
and other contract standards, and to cancel contracts that do
not meet those standards; and
(e) The department, agency, or institution of higher education has determined that the contract results in savings or
efficiency improvements. The contracting agency must consider the consequences and potential mitigation of improper
or failed performance by the contractor.
(2004 Ed.)
41.06.142
(2) Any provision contrary to or in conflict with this section in any collective bargaining agreement in effect on July
1, 2005, is not effective beyond the expiration date of the
agreement.
(3) Contracting for services that is expressly mandated
by the legislature or was authorized by law prior to July 1,
2005, including contracts and agreements between public
entities, shall not be subject to the processes set forth in subsections (1) and (4) through (6) of this section.
(4) Competitive contracting shall be implemented as follows:
(a) At least ninety days prior to the date the contracting
agency requests bids from private entities for a contract for
services provided by classified employees, the contracting
agency shall notify the classified employees whose positions
or work would be displaced by the contract. The employees
shall have sixty days from the date of notification to offer
alternatives to purchasing services by contract, and the
agency shall consider the alternatives before requesting bids.
(b) If the employees decide to compete for the contract,
they shall notify the contracting agency of their decision.
Employees must form one or more employee business units
for the purpose of submitting a bid or bids to perform the services.
(c) The director of personnel, with the advice and assistance of the department of general administration, shall
develop and make available to employee business units training in the bidding process and general bid preparation.
(d) The director of general administration, with the
advice and assistance of the department of personnel, shall,
by rule, establish procedures to ensure that bids are submitted
and evaluated in a fair and objective manner and that there
exists a competitive market for the service. Such rules shall
include, but not be limited to: (i) Prohibitions against participation in the bid evaluation process by employees who prepared the business unit's bid or who perform any of the services to be contracted; (ii) provisions to ensure no bidder
receives an advantage over other bidders and that bid requirements are applied equitably to all parties; and (iii) procedures
that require the contracting agency to receive complaints
regarding the bidding process and to consider them before
awarding the contract. Appeal of an agency's actions under
this subsection is an adjudicative proceeding and subject to
the applicable provisions of chapter 34.05 RCW, the administrative procedure act, with the final decision to be rendered
by an administrative law judge assigned under chapter 34.12
RCW.
(e) An employee business unit's bid must include the
fully allocated costs of the service, including the cost of the
employees' salaries and benefits, space, equipment, materials, and other costs necessary to perform the function. An
employee business unit's cost shall not include the state's
indirect overhead costs unless those costs can be attributed
directly to the function in question and would not exist if that
function were not performed in state service.
(f) A department, agency, or institution of higher education may contract with the department of general administration to conduct the bidding process.
(5) As used in this section:
(a) "Employee business unit" means a group of employees who perform services to be contracted under this section
[Title 41 RCW—page 49]
41.06.150
Title 41 RCW: Public Employment, Civil Service, and Pensions
and who submit a bid for the performance of those services
under subsection (4) of this section.
(b) "Indirect overhead costs" means the pro rata share of
existing agency administrative salaries and benefits, and rent,
equipment costs, utilities, and materials associated with those
administrative functions.
(c) "Competitive contracting" means the process by
which classified employees of a department, agency, or institution of higher education compete with businesses, individuals, nonprofit organizations, or other entities for contracts
authorized by subsection (1) of this section.
(6) The joint legislative audit and review committee shall
conduct a performance audit of the implementation of this
section, including the adequacy of the appeals process in subsection (4)(d) of this section, and report to the legislature by
January 1, 2007, on the results of the audit. [2002 c 354 §
208.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
41.06.150
41.06.150 Rules of board—Mandatory subjects—Personnel
administration. The board shall adopt rules, consistent with the purposes
and provisions of this chapter, as now or hereafter amended, and with the
best standards of personnel administration, regarding the basis and procedures to be followed for:
(1) The reduction, dismissal, suspension, or demotion of an employee;
(2) Certification of names for vacancies, including departmental promotions, with the number of names equal to six more names than there are
vacancies to be filled, such names representing applicants rated highest on
eligibility lists: PROVIDED, That when other applicants have scores equal
to the lowest score among the names certified, their names shall also be certified;
(3) Examinations for all positions in the competitive and noncompetitive service;
(4) Appointments;
(5) Training and career development;
(6) Probationary periods of six to twelve months and rejections of probationary employees, depending on the job requirements of the class, except
as follows:
(a) Entry level state park rangers shall serve a probationary period of
twelve months;
(b) The probationary period of campus police officer appointees who
are required to attend the Washington state criminal justice training commission basic law enforcement academy shall extend from the date of appointment until twelve months from the date of successful completion of the basic
law enforcement academy, or twelve months from the date of appointment if
academy training is not required. The board shall adopt rules to ensure that
employees promoting to campus police officer who are required to attend the
Washington state criminal justice training commission basic law enforcement academy shall have the trial service period extend from the date of
appointment until twelve months from the date of successful completion of
the basic law enforcement academy, or twelve months from the date of
appointment if academy training is not required;
(7) Transfers;
(8) Sick leaves and vacations;
(9) Hours of work;
(10) Layoffs when necessary and subsequent reemployment, both
according to seniority;
(11) Collective bargaining procedures:
(a) After certification of an exclusive bargaining representative and
upon the representative's request, the director shall hold an election among
employees in a bargaining unit to determine by a majority whether to require
as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of
employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than
once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of
thirty percent of the members of a bargaining unit the director shall hold an
election to determine whether a majority wish to rescind such condition of
[Title 41 RCW—page 50]
employment: PROVIDED FURTHER, That for purposes of this clause,
membership in the certified exclusive bargaining representative is satisfied
by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full
and complete membership rights: AND PROVIDED FURTHER, That in
order to safeguard the right of nonassociation of public employees, based on
bona fide religious tenets or teachings of a church or religious body of which
such public employee is a member, such public employee shall pay to the
union, for purposes within the program of the union as designated by such
employee that would be in harmony with his or her individual conscience, an
amount of money equivalent to regular union dues minus any included
monthly premiums for union-sponsored insurance programs, and such
employee shall not be a member of the union but is entitled to all the representation rights of a union member;
(b) Agreements between agencies and certified exclusive bargaining
representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the
appropriate bargaining unit of such agency may lawfully exercise discretion;
(c) Written agreements may contain provisions for payroll deductions
of employee organization dues upon authorization by the employee member
and for the cancellation of such payroll deduction by the filing of a proper
prior notice by the employee with the appointing authority and the employee
organization: PROVIDED, That nothing contained herein permits or grants
to any employee the right to strike or refuse to perform his or her official
duties;
(d) A collective bargaining agreement entered into under this subsection before July 1, 2004, covering employees subject to RCW 41.80.001 and
41.80.010 through 41.80.130, that expires after July 1, 2004, shall remain in
full force during its duration, or until superseded by a collective bargaining
agreement entered into by the parties under RCW 41.80.001 and 41.80.010
through 41.80.130. However, an agreement entered into before July 1, 2004,
may not be renewed or extended beyond July 1, 2005. This subsection (11)
does not apply to collective bargaining negotiations or collective bargaining
agreements entered into under RCW 41.80.001 and 41.80.010 through
41.80.130;
(12) Adoption and revision of a comprehensive classification plan for
all positions in the classified service, based on investigation and analysis of
the duties and responsibilities of each such position.
(a) The board shall not adopt job classification revisions or class studies unless implementation of the proposed revision or study will result in net
cost savings, increased efficiencies, or improved management of personnel
or services, and the proposed revision or study has been approved by the
director of financial management in accordance with chapter 43.88 RCW.
(b) Reclassifications, class studies, and salary adjustments are governed by (a) of this subsection and RCW 41.06.152;
(13) Allocation and reallocation of positions within the classification
plan;
(14) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental
units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW
41.06.155 and that, for institutions of higher education and related boards,
shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located,
such adoption and revision subject to approval by the director of financial
management in accordance with the provisions of chapter 43.88 RCW;
(15) Increment increases within the series of steps for each pay grade
based on length of service for all employees whose standards of performance
are such as to permit them to retain job status in the classified service;
(16) Optional lump sum relocation compensation approved by the
agency director, whenever it is reasonably necessary that a person make a
domiciliary move in accepting a transfer or other employment with the state.
An agency must provide lump sum compensation within existing resources.
If the person receiving the relocation payment terminates or causes termination with the state, for reasons other than layoff, disability separation, or
other good cause as determined by an agency director, within one year of the
date of the employment, the state is entitled to reimbursement of the lump
sum compensation from the person;
(17) Providing for veteran's preference as required by existing statutes,
with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their surviving spouses by giving such eligible veterans and their surviving spouses additional credit in computing their seniority
by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years. For the purposes of this
section, "veteran" means any person who has one or more years of active
military service in any branch of the armed forces of the United States or
(2004 Ed.)
State Civil Service Law
who has less than one year's service and is discharged with a disability
incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable
discharge, a discharge for physical reasons with an honorable record, or a
release from active military service with evidence of service other than that
for which an undesirable, bad conduct, or dishonorable discharge shall be
given: PROVIDED, HOWEVER, That the surviving spouse of a veteran is
entitled to the benefits of this section regardless of the veteran's length of
active military service: PROVIDED FURTHER, That for the purposes of
this section "veteran" does not include any person who has voluntarily
retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;
(18) Permitting agency heads to delegate the authority to appoint,
reduce, dismiss, suspend, or demote employees within their agencies if such
agency heads do not have specific statutory authority to so delegate: PROVIDED, That the board may not authorize such delegation to any position
lower than the head of a major subdivision of the agency;
(19) Assuring persons who are or have been employed in classified
positions before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by
this chapter;
(20) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of
affirmative action goals and timetables; and monitoring of progress against
those goals and timetables.
The board shall consult with the human rights commission in the development of rules pertaining to affirmative action. The department of personnel shall transmit a report annually to the human rights commission which
states the progress each state agency has made in meeting affirmative action
goals and timetables.
Notwithstanding this section and rules of the board adopted under this
section, agencies may place employees on temporary unpaid leave during the
2001-2003 fiscal biennium for the purpose of implementing appropriations
reductions enacted in the 2002 supplemental appropriations act. Mandatory
unpaid leave must be approved by the agency director, and must be, to the
greatest extent possible, mutually agreeable to the employee and employer.
Employees taking mandatory temporary unpaid leave will not lose seniority,
leave accrual, or health insurance benefits. [2002 c 371 § 906; 2002 c 354 §
202; 2002 c 110 § 1; 1999 c 297 § 3; 1996 c 319 § 2; 1995 2nd sp.s. c 18 §
911. Prior: 1993 sp.s. c 24 § 913; 1993 c 281 § 27; 1990 c 60 § 103; prior:
1985 c 461 § 2; 1985 c 365 § 5; 1983 1st ex.s. c 75 § 5; 1982 1st ex.s. c 53 §
4; prior: 1982 c 79 § 1; 1981 c 311 § 18; 1980 c 118 § 3; 1979 c 151 § 57;
1977 ex.s. c 152 § 1; 1973 1st ex.s. c 75 § 1; 1973 c 154 § 1; 1971 ex.s. c 19
§ 2; 1967 ex.s. c 108 § 13; 1961 c 1 § 15 (Initiative Measure No. 207,
approved November 8, 1960).]
Reviser's note: This section was amended by 2002 c 110 § 1, 2002 c
354 § 202, and by 2002 c 371 § 906, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Findings—1999 c 297: See note following RCW 43.03.125.
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.310.020.
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—Subheadings not law—1990 c 60: See notes following
RCW 41.06.070.
Severability—1985 c 461: See note following RCW 41.06.020.
Severability—1982 1st ex.s. c 53: See note following RCW 41.06.020.
Severability—1980 c 118: See note following RCW 41.06.010.
Severability—1977 ex.s. c 152: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 152 § 14.]
Effective date—1973 1st ex.s. c 75: "This 1973 amendatory act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing public institutions, and
shall take effect midnight June 6, 1973." [1973 1st ex.s. c 75 § 3.]
(2004 Ed.)
41.06.150
Leaves for public employees
military: RCW 38.40.060.
vacation: RCW 43.01.040.
Public employees' collective bargaining: Chapter 41.56 RCW.
41.06.150
41.06.150 Rules of director—Mandatory subjects—Personnel
administration (as amended by 2002 c 354). (Effective July 1, 2004.) The
((board)) director shall adopt rules, consistent with the purposes and provisions of this chapter((, as now or hereafter amended,)) and with the best standards of personnel administration, regarding the basis and procedures to be
followed for:
(1) ((The reduction, dismissal, suspension, or demotion of an
employee;
(2))) Certification of names for vacancies((, including departmental
promotions, with the number of names equal to six more names than there
are vacancies to be filled, such names representing applicants rated highest
on eligibility lists: PROVIDED, That when other applicants have scores
equal to the lowest score among the names certified, their names shall also
be certified));
(((3))) (2) Examinations for all positions in the competitive and noncompetitive service;
(((4))) (3) Appointments;
(((5) Training and career development;
(6) Probationary periods of six to twelve months and rejections of probationary employees, depending on the job requirements of the class, except
that entry level state park rangers shall serve a probationary period of twelve
months;
(7) Transfers;
(8) Sick leaves and vacations;
(9) Hours of work;
(10) Layoffs when necessary and subsequent reemployment, both
according to seniority;
(11) Collective bargaining procedures:
(a) After certification of an exclusive bargaining representative and
upon the representative's request, the director shall hold an election among
employees in a bargaining unit to determine by a majority whether to require
as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of
employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than
once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of
thirty percent of the members of a bargaining unit the director shall hold an
election to determine whether a majority wish to rescind such condition of
employment: PROVIDED FURTHER, That for purposes of this clause,
membership in the certified exclusive bargaining representative is satisfied
by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full
and complete membership rights: AND PROVIDED FURTHER, That in
order to safeguard the right of nonassociation of public employees, based on
bona fide religious tenets or teachings of a church or religious body of which
such public employee is a member, such public employee shall pay to the
union, for purposes within the program of the union as designated by such
employee that would be in harmony with his or her individual conscience, an
amount of money equivalent to regular union dues minus any included
monthly premiums for union-sponsored insurance programs, and such
employee shall not be a member of the union but is entitled to all the representation rights of a union member;
(b) Agreements between agencies and certified exclusive bargaining
representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the
appropriate bargaining unit of such agency may lawfully exercise discretion;
(c) Written agreements may contain provisions for payroll deductions
of employee organization dues upon authorization by the employee member
and for the cancellation of such payroll deduction by the filing of a proper
prior notice by the employee with the appointing authority and the employee
organization: PROVIDED, That nothing contained herein permits or grants
to any employee the right to strike or refuse to perform his or her official
duties;
(d) A collective bargaining agreement entered into under this subsection before July 1, 2002, covering employees subject to sections 301 through
314 of this act, that expires after July 1, 2002, shall remain in full force during its duration, or until superseded by a collective bargaining agreement
entered into by the parties under sections 301 through 314 of this act. How[Title 41 RCW—page 51]
41.06.152
Title 41 RCW: Public Employment, Civil Service, and Pensions
ever, an agreement entered into before July 1, 2002, may not be renewed or
extended beyond July 1, 2003. This subsection (11) does not apply to collective bargaining negotiations or collective bargaining agreements entered into
under sections 301 through 314 of this act;
(12))) (4) Adoption and revision of a comprehensive classification
plan, in accordance with rules adopted by the board under RCW 41.06.136,
for all positions in the classified service, based on investigation and analysis
of the duties and responsibilities of each such position and allocation and
reallocation of positions within the classification plan.
(a) The ((board)) director shall not adopt job classification revisions or
class studies unless implementation of the proposed revision or study will
result in net cost savings, increased efficiencies, or improved management of
personnel or services, and the proposed revision or study has been approved
by the director of financial management in accordance with chapter 43.88
RCW.
(b) Reclassifications, class studies, and salary adjustments are governed by (a) of this subsection and RCW 41.06.152;
(((13) Allocation and reallocation of positions within the classification
plan;
(14) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental
units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW
41.06.155 and that, for institutions of higher education and related boards,
shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located,
such adoption and revision subject to approval by the director of financial
management in accordance with the provisions of chapter 43.88 RCW;
(15) Increment increases within the series of steps for each pay grade
based on length of service for all employees whose standards of performance
are such as to permit them to retain job status in the classified service;
(16) Optional lump sum relocation compensation approved by the
agency director, whenever it is reasonably necessary that a person make a
domiciliary move in accepting a transfer or other employment with the state.
An agency must provide lump sum compensation within existing resources.
If the person receiving the relocation payment terminates or causes termination with the state, for reasons other than layoff, disability separation, or
other good cause as determined by an agency director, within one year of the
date of the employment, the state is entitled to reimbursement of the lump
sum compensation from the person;
(17) Providing for veteran's preference as required by existing statutes,
with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their surviving spouses by giving such eligible veterans and their surviving spouses additional credit in computing their seniority
by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years. For the purposes of this
section, "veteran" means any person who has one or more years of active
military service in any branch of the armed forces of the United States or
who has less than one year's service and is discharged with a disability
incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable
discharge, a discharge for physical reasons with an honorable record, or a
release from active military service with evidence of service other than that
for which an undesirable, bad conduct, or dishonorable discharge shall be
given: PROVIDED, HOWEVER, That the surviving spouse of a veteran is
entitled to the benefits of this section regardless of the veteran's length of
active military service: PROVIDED FURTHER, That for the purposes of
this section "veteran" does not include any person who has voluntarily
retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;
(18))) (5) Permitting agency heads to delegate the authority to appoint,
reduce, dismiss, suspend, or demote employees within their agencies if such
agency heads do not have specific statutory authority to so delegate:
PROVIDED, That the ((board)) director may not authorize such delegation
to any position lower than the head of a major subdivision of the agency;
(((19))) (6) Assuring persons who are or have been employed in classified positions before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered
by this chapter;
(((20))) (7) Affirmative action in appointment, promotion, transfer,
recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress
against those goals and timetables.
The ((board)) director shall consult with the human rights commission
in the development of rules pertaining to affirmative action. The department
of personnel shall transmit a report annually to the human rights commission
[Title 41 RCW—page 52]
which states the progress each state agency has made in meeting affirmative
action goals and timetables.
Rules adopted under this section by the director shall provide for local
administration and management by the institutions of higher education and
related boards, subject to periodic audit and review by the director. [2002 c
354 § 203; 2002 c 354 § 202; 1999 c 297 § 3; 1996 c 319 § 2; 1995 2nd sp.s.
c 18 § 911. Prior: 1993 sp.s. c 24 § 913; 1993 c 281 § 27; 1990 c 60 § 103;
prior: 1985 c 461 § 2; 1985 c 365 § 5; 1983 1st ex.s. c 75 § 5; 1982 1st ex.s.
c 53 § 4; prior: 1982 c 79 § 1; 1981 c 311 § 18; 1980 c 118 § 3; 1979 c 151
§ 57; 1977 ex.s. c 152 § 1; 1973 1st ex.s. c 75 § 1; 1973 c 154 § 1; 1971 ex.s.
c 19 § 2; 1967 ex.s. c 108 § 13; 1961 c 1 § 15 (Initiative Measure No. 207,
approved November 8, 1960).]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Findings—1999 c 297: See note following RCW 43.03.125.
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.310.020.
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—Subheadings not law—1990 c 60: See notes following
RCW 41.06.070.
Severability—1985 c 461: See note following RCW 41.06.020.
Severability—1982 1st ex.s. c 53: See note following RCW 41.06.020.
Severability—1980 c 118: See note following RCW 41.06.010.
Severability—1977 ex.s. c 152: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 152 § 14.]
Effective date—1973 1st ex.s. c 75: "This 1973 amendatory act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing public institutions, and
shall take effect midnight June 6, 1973." [1973 1st ex.s. c 75 § 3.]
Leaves for public employees
military: RCW 38.40.060.
vacation: RCW 43.01.040.
Public employees' collective bargaining: Chapter 41.56 RCW.
41.06.152
41.06.152 Job classification revisions, class studies,
salary adjustments—Limitations. (1) The director shall
adopt only those job classification revisions, class studies,
and salary adjustments under RCW 41.06.150(4) that:
(a) Are due to documented recruitment and retention difficulties, salary compression or inversion, increased duties
and responsibilities, or inequities. For these purposes, inequities are defined as similar work assigned to different job
classes with a salary disparity greater than 7.5 percent; and
(b) Are such that the office of financial management has
reviewed the agency's fiscal impact statement and has concurred that the agency can absorb the biennialized cost of the
reclassification, class study, or salary adjustment within the
agency's current authorized level of funding for the current
fiscal biennium and subsequent fiscal biennia.
(2) In addition to reclassifications, class studies, and salary adjustments under subsection (1)(b) of this section, the
board may approve other reclassifications, class studies, and
salary adjustments that meet the requirements of subsection
(1)(a) of this section and have been approved under the procedures established under this subsection.
Before the department of personnel's biennial budget
request is due to the office of financial management, the
board shall prioritize requests for reclassifications, class studies, and salary adjustments for the next fiscal biennium. The
(2004 Ed.)
State Civil Service Law
board shall prioritize according to such criteria as are developed by the board consistent with RCW 41.06.150(4)(a).
The board shall submit the prioritized list to the governor's office and the fiscal committees of the house of representatives and senate at the same time the department of personnel's biennial budget request is submitted. The office of
financial management shall review the biennial cost of each
proposed salary adjustment on the board's prioritized list.
In the biennial appropriations acts, the legislature may
establish a level of funding, from the state general fund and
other accounts, to be applied by the board to the prioritized
list. Upon enactment of the appropriations act, the board may
approve reclassifications, class studies, and salary adjustments only to the extent that the total cost does not exceed the
level of funding established in the appropriations acts and the
board's actions are consistent with the priorities established in
the list. The legislature may also specify or otherwise limit in
the appropriations act the implementation dates for actions
approved by the board under this section.
(3) When the board develops its priority list in the 19992001 biennium, for increases proposed for funding in the
2001-2003 biennium, the board shall give top priority to proposed increases to address documented recruitment and
retention increases, and shall give lowest priority to proposed
increases to recognize increased duties and responsibilities.
When the board submits its prioritized list for the 2001-2003
biennium, the board shall also provide: A comparison of any
differences between the salary increases recommended by the
department of personnel staff and those adopted by the board;
a review of any salary compression, inversion, or inequities
that would result from implementing a recommended
increase; and a complete description of the information relied
upon by the board in adopting its proposals and priorities.
(4) This section does not apply to the higher education
hospital special pay plan or to any adjustments to the classification plan under RCW 41.06.150(4) that are due to emergent conditions. Emergent conditions are defined as emergency conditions requiring the establishment of positions
necessary for the preservation of the public health, safety, or
general welfare. [2002 c 354 § 241; 2002 c 354 § 240; 1999
c 309 § 914; 1996 c 319 § 1.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Severability—1999 c 309: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1999 c 309 § 2001.]
Effective date—1999 c 309: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999,
except as provided in section 2002 of this act." [1999 c 309 § 2003.]
41.06.155
41.06.155 Salaries—Implementation of changes to
achieve comparable worth. Salary changes necessary to
achieve comparable worth shall be implemented during the
1983-85 biennium under a schedule developed by the department. Increases in salaries and compensation solely for the
purpose of achieving comparable worth shall be made at least
annually. Comparable worth for the jobs of all employees
under this chapter shall be fully achieved not later than June
30, 1993. [1993 c 281 § 28; 1983 1st ex.s. c 75 § 6.]
Effective date—1993 c 281: See note following RCW 41.06.022.
(2004 Ed.)
41.06.169
41.06.160
41.06.160 Classification and salary schedules to consider rates in other public and private employment—
Wage and fringe benefits surveys—Limited public disclosure exemption. In preparing classification and salary
schedules as set forth in RCW 41.06.150 the department of
personnel shall give full consideration to prevailing rates in
other public employment and in private employment in this
state. For this purpose the department shall undertake comprehensive salary and fringe benefit surveys.
Salary and fringe benefit survey information collected
from private employers which identifies a specific employer
with the salary and fringe benefit rates which that employer
pays to its employees shall not be subject to public disclosure
under chapter 42.17 RCW. [2002 c 354 § 211; 1993 c 281 §
29; 1985 c 94 § 2; 1980 c 11 § 1; 1979 c 151 § 58; 1977 ex.s.
c 152 § 2; 1961 c 1 § 16 (Initiative Measure No. 207,
approved November 8, 1960).]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1977 ex.s. c 152: See note following RCW 41.06.150.
41.06.167
41.06.167 Compensation surveys required for officers and officer candidates of the Washington state
patrol—Limited public disclosure exemption. The department of personnel shall undertake comprehensive compensation surveys for officers and entry-level officer candidates of
the Washington state patrol, with such surveys to be conducted in the year prior to the convening of every other one
hundred five day regular session of the state legislature. Salary and fringe benefit survey information collected from private employers which identifies a specific employer with the
salary and fringe benefit rates which that employer pays to its
employees shall not be subject to public disclosure under
chapter 42.17 RCW. [2002 c 354 § 212; 1991 c 196 § 1; 1986
c 158 § 7; 1985 c 94 § 3; 1980 c 11 § 2; 1979 c 151 § 60; 1977
ex.s. c 152 § 5.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Severability—1977 ex.s. c 152: See note following RCW 41.06.150.
41.06.169
41.06.169 Employee performance evaluations—
Standardized procedures and forms required to be developed. After consultation with state agency heads, employee
organizations, and other interested parties, the state personnel
director shall develop standardized employee performance
evaluation procedures and forms which shall be used by state
agencies for the appraisal of employee job performance at
least annually. These procedures shall include means
whereby individual agencies may supplement the standardized evaluation process with special performance factors
peculiar to specific organizational needs. Performance evaluation procedures shall place primary emphasis on recording
how well the employee has contributed to efficiency, effectiveness, and economy in fulfilling state agency and job
objectives. [1985 c 461 § 3; 1982 1st ex.s. c 53 § 5; 1977
ex.s. c 152 § 6.]
Severability—1985 c 461: See note following RCW 41.06.020.
Severability—1982 1st ex.s. c 53: See note following RCW 41.06.020.
Severability—1977 ex.s. c 152: See note following RCW 41.06.150.
[Title 41 RCW—page 53]
41.06.170
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.06.170
41.06.170 Reduction, suspension, dismissal, demotion of employee—Right to appeal. (1) The director, in the
adoption of rules governing suspensions for cause, shall not
authorize an appointing authority to suspend an employee for
more than fifteen calendar days as a single penalty or more
than thirty calendar days in any one calendar year as an accumulation of several penalties. The director shall require that
the appointing authority give written notice to the employee
not later than one day after the suspension takes effect, stating the reasons for and the duration thereof.
(2) Any employee who is reduced, dismissed, suspended, or demoted, after completing his or her probationary
period of service as provided by the rules of the director, or
any employee who is adversely affected by a violation of the
state civil service law, chapter 41.06 RCW, or rules adopted
under it, shall have the right to appeal, either individually or
through his or her authorized representative, not later than
thirty days after the effective date of such action to the personnel appeals board through June 30, 2005, and to the
Washington personnel resources board after June 30, 2005.
The employee shall be furnished with specified charges in
writing when a reduction, dismissal, suspension, or demotion
action is taken. Such appeal shall be in writing. Decisions of
the Washington personnel resources board on appeals filed
after June 30, 2005, shall be final and not subject to further
appeal.
(3) Any employee whose position has been exempted
after July 1, 1993, shall have the right to appeal, either individually or through his or her authorized representative, not
later than thirty days after the effective date of such action to
the personnel appeals board through June 30, 2005, and to the
Washington personnel resources board after June 30, 2005.
(4) An employee incumbent in a position at the time of
its allocation or reallocation, or the agency utilizing the position, may appeal the allocation or reallocation to the personnel appeals board through December 31, 2005, and to the
Washington personnel resources board after December 31,
2005. Notice of such appeal must be filed in writing within
thirty days of the action from which appeal is taken.
(5) Subsections (1) and (2) of this section do not apply to
any employee who is subject to the provisions of a collective
bargaining agreement negotiated under RCW 41.80.001 and
41.80.010 through 41.80.130. [2002 c 354 § 213; 1993 c 281
§ 31; 1981 c 311 § 19; 1975-'76 2nd ex.s. c 43 § 3; 1961 c 1
§ 17 (Initiative Measure No. 207, approved November 8,
1960).]
Appeals filed on or before June 30, 2005—2002 c 354: "The transfer
of the powers, duties, and functions of the personnel appeals board to the personnel resources board under RCW 41.06.111 and the transfer of jurisdiction
for appeals filed under section 213, chapter 354, Laws of 2002 after June 30,
2005, shall not affect the right of an appellant to have an appeal filed on or
before June 30, 2005, resolved by the personnel appeals board in accordance
with the authorities, rules, and procedures that were established under chapter 41.64 RCW as it existed before July 1, 2004." [2002 c 354 § 214.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.176
41.06.176 Employee performance evaluations—
Written notification of deficiencies. Each employee whose
work is judged unsatisfactory shall be notified in writing of
the areas in which the work is considered deficient. Unless
[Title 41 RCW—page 54]
the deficiency is extreme, the employee shall be given an
opportunity to demonstrate improvement. [1985 c 461 § 4.]
Severability—1985 c 461: See note following RCW 41.06.020.
41.06.186
41.06.186 Employee performance evaluations—Termination of employment—Rules. The director shall adopt
rules designed to terminate the state employment of any
employee whose performance is so inadequate as to warrant
termination. [2002 c 354 § 215; 1993 c 281 § 32; 1985 c 461
§ 5.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1985 c 461: See note following RCW 41.06.020.
41.06.196
41.06.196 Employee performance evaluations—Termination of supervisors tolerating inadequate employee
performance. The director shall adopt rules designed to
remove from supervisory positions those supervisors who in
violation of the rules adopted under RCW 41.06.186 have
tolerated the continued employment of employees under their
supervision whose performance has warranted termination
from state employment. [2002 c 354 § 216; 1993 c 281 § 33;
1985 c 461 § 6.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
Severability—1985 c 461: See note following RCW 41.06.020.
Duty of state officers to identify employees whose performance warrants termination from state employment: RCW 43.01.125.
41.06.220
41.06.220 Reemployment list—Reinstatement after
appeal, guaranteed rights and benefits. (1) An employee
who is terminated from state service may request the board to
place his name on an appropriate reemployment list and the
board shall grant this request where the circumstances are
found to warrant reemployment.
(2) Any employee, when fully reinstated after appeal,
shall be guaranteed all employee rights and benefits, including back pay, sick leave, vacation accrual, retirement and
OASDI credits. [1961 c 1 § 22 (Initiative Measure No. 207,
approved November 8, 1960).]
41.06.250
41.06.250 Political activities. (1) Solicitation for or
payment to any partisan, political organization or for any partisan, political purpose of any compulsory assessment or
involuntary contribution is prohibited: PROVIDED, HOWEVER, That officers of employee associations shall not be
prohibited from soliciting dues or contributions from members of their associations. No person shall solicit on state
property or property of a political subdivision of this state any
contribution to be used for partisan, political purposes.
(2) Employees of the state or any political subdivision
thereof shall have the right to vote and to express their opinions on all political subjects and candidates and to hold any
political party office or participate in the management of a
partisan, political campaign. Nothing in this section shall prohibit an employee of the state or any political subdivision
thereof from participating fully in campaigns relating to con(2004 Ed.)
State Civil Service Law
stitutional amendments, referendums, initiatives, and issues
of a similar character, and for nonpartisan offices.
(3) A classified civil service employee shall not hold a
part time public office in a political subdivision of the state
when the holding of such office is incompatible with, or substantially interferes with, the discharge of official duties in
state employment.
(4) For persons employed in state agencies or agencies of
any political subdivision of the state the operation of which is
financed in total or primarily by federal grant-in-aid funds
political activity will be regulated by the rules and regulations of the United States civil service commission.
(5) The provisions of this section shall supersede all statutes, charter provisions, ordinances, resolutions, regulations,
and requirements promulgated by the state or any subdivision
thereof, including any provision of any county charter, insofar as they may be in conflict with the provisions of this section. [1974 ex.s. c 136 § 1; 1961 c 1 § 25 (Initiative Measure
No. 207, approved November 8, 1960).]
41.06.260
41.06.260 Conflict with federal requirements—
Effect—Rules to conform chapter. If any part of this chapter shall be found to be in conflict with federal requirements
which are a condition precedent to the allocation of federal
funds to the state, such conflicting part of this chapter is
hereby declared to be inoperative solely to the extent of such
conflict and with respect to the agencies directly affected, and
such findings or determination shall not affect the operation
of the remainder of this chapter in its application to the agencies concerned. The board shall make such rules and regulations as may be necessary to meet federal requirements which
are a condition precedent to the receipt of federal funds by the
state. [1961 c 1 § 26 (Initiative Measure No. 207, approved
November 8, 1960).]
41.06.270
41.06.270 Salary withheld unless employment is in
accord with chapter—Certification of payrolls, procedures. A disbursing officer shall not pay any employee holding a position covered by this chapter unless the employment
is in accordance with this chapter or the rules, regulations and
orders issued hereunder. The directors of personnel and
financial management shall jointly establish procedures for
the certification of payrolls. [2002 c 354 § 217; 1979 c 151 §
61; 1961 c 1 § 27 (Initiative Measure No. 207, approved
November 8, 1960).]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
41.06.280
41.06.280 Department of personnel service fund—
Created—Charges to agencies, payment—Use, disbursement. There is hereby created a fund within the state treasury, designated as the "department of personnel service
fund," to be used by the board as a revolving fund for the payment of salaries, wages, and operations required for the
administration of the provisions of this chapter, applicable
provisions of chapter 41.04 RCW, and chapter 41.60 RCW.
An amount not to exceed one and one-half percent of the
approved allotments of salaries and wages for all positions in
the classified service in each of the agencies subject to this
chapter, except the institutions of higher education, shall be
(2004 Ed.)
41.06.285
charged to the operations appropriations of each agency and
credited to the department of personnel service fund as the
allotments are approved pursuant to chapter 43.88 RCW.
Subject to the above limitations, the amount shall be charged
against the allotments pro rata, at a rate to be fixed by the
director from time to time which, together with income
derived from services rendered under RCW 41.06.080, will
provide the department with funds to meet its anticipated
expenditures during the allotment period, including the training requirements in RCW 41.06.500 and 41.06.530.
The director of personnel shall fix the terms and charges
for services rendered by the department of personnel pursuant to RCW 41.06.080, which amounts shall be credited to
the department of personnel service fund and charged against
the proper fund or appropriation of the recipient of such services on a quarterly basis. Payment for services so rendered
under RCW 41.06.080 shall be made on a quarterly basis to
the state treasurer and deposited by him in the department of
personnel service fund.
Moneys from the department of personnel service fund
shall be disbursed by the state treasurer by warrants on
vouchers duly authorized by the board. [1993 c 379 § 309;
1993 c 281 § 34; 1987 c 248 § 4; 1984 c 7 § 45; 1982 c 167 §
13; 1963 c 215 § 1; 1961 c 1 § 28 (Initiative Measure No.
207, approved November 8, 1960).]
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Effective date—1993 c 281: See note following RCW 41.06.022.
Legislative findings—Purpose—1987 c 248: See note following
RCW 41.04.362.
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1982 c 167: See note following RCW 41.60.015.
41.06.285 Higher education personnel service fund.
(1) There is hereby created a fund within the state treasury,
designated as the "higher education personnel service fund,"
to be used by the board as a revolving fund for the payment
of salaries, wages, and operations required for the administration of institutions of higher education and related boards, the
budget for which shall be subject to review and approval and
appropriation by the legislature. Subject to the requirements
of subsection (2) of this section, an amount not to exceed onehalf of one percent of the salaries and wages for all positions
in the classified service shall be contributed from the operations appropriations of each institution and the state board for
community and technical colleges and credited to the higher
education personnel service fund as such allotments are
approved pursuant to chapter 43.88 RCW. Subject to the
above limitations, such amount shall be charged against the
allotments pro rata, at a rate to be fixed by the director of
financial management from time to time, which will provide
the board with funds to meet its anticipated expenditures during the allotment period.
(2) If employees of institutions of higher education cease
to be classified under this chapter pursuant to an agreement
authorized by *RCW 41.56.201, each institution of higher
education and the state board for community and technical
colleges shall continue, for six months after the effective date
of the agreement, to make contributions to the higher education personnel service fund based on employee salaries and
wages that includes the employees under the agreement. At
41.06.285
[Title 41 RCW—page 55]
41.06.290
Title 41 RCW: Public Employment, Civil Service, and Pensions
the expiration of the six-month period, the director of financial management shall make across-the-board reductions in
allotments of the higher education personnel service fund for
the remainder of the biennium so that the charge to the institutions of higher education and state board for community
and technical colleges based on the salaries and wages of the
remaining employees of institutions of higher education and
related boards classified under this chapter does not increase
during the biennium, unless an increase is authorized by the
legislature.
(3) Moneys from the higher education personnel service
fund shall be disbursed by the state treasurer by warrants on
vouchers duly authorized by the board. [1998 c 245 § 41;
1993 c 379 § 308.]
*Reviser's note: RCW 41.56.201 was repealed by 2002 c 354 § 403,
effective July 1, 2005.
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
41.06.290
41.06.290 Personnel subject to chapter 47.64 RCW
not affected. Nothing in this chapter shall be interpreted as
changing the provisions of or affecting the conditions of
employment for personnel covered by chapter 47.64 RCW.
[1961 c 1 § 29 (Initiative Measure No. 207, approved
November 8, 1960).]
41.06.340
41.06.340 Determination of appropriate bargaining
units—Unfair labor practices provisions applicable to
chapter. (1) With respect to collective bargaining as authorized by RCW 41.80.001 and 41.80.010 through 41.80.130,
the public employment relations commission created by
chapter 41.58 RCW shall have authority to adopt rules, on
and after June 13, 2002, relating to determination of appropriate bargaining units within any agency. In making such
determination the commission shall consider the duties,
skills, and working conditions of the employees, the history
of collective bargaining by the employees and their bargaining representatives, the extent of organization among the
employees, and the desires of the employees. The public
employment relations commission created in chapter 41.58
RCW shall adopt rules and make determinations relating to
the certification and decertification of exclusive bargaining
representatives.
(2) Each and every provision of RCW 41.56.140 through
41.56.160 shall be applicable to this chapter as it relates to
state civil service employees.
(3) A collective bargaining agreement entered into under
RCW 41.06.150 before July 1, 2004, covering employees
subject to RCW 41.80.001 and 41.80.010 through 41.80.130
that expires after July 1, 2004, shall remain in full force during its duration, or until superseded by a collective bargaining
agreement entered into by the parties under RCW 41.80.001
and 41.80.010 through 41.80.130. However, an agreement
entered into before July 1, 2004, may not be renewed or
extended beyond July 1, 2005, or until superseded by a collective bargaining agreement entered into under RCW
41.80.001 and 41.80.010 through 41.80.130, whichever is
later. [2002 c 354 § 232; 1993 c 281 § 35; 1969 ex.s. c 215 §
13.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
[Title 41 RCW—page 56]
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.350
41.06.350 Acceptance of federal funds authorized.
The director is authorized to receive federal funds now available or hereafter made available for the assistance and
improvement of public personnel administration, which may
be expended in addition to the department of personnel service fund established by RCW 41.06.280. [2002 c 354 § 218;
1993 c 281 § 36; 1969 ex.s. c 152 § 1.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.380
41.06.380 Purchasing services by contract not prohibited—Limitations. (Effective until July 1, 2005.) (1)
Nothing contained in this chapter shall prohibit any department, as defined in RCW 41.06.020, from purchasing services by contract with individuals or business entities if such
services were regularly purchased by valid contract by such
department prior to April 23, 1979: PROVIDED, That no
such contract may be executed or renewed if it would have
the effect of terminating classified employees or classified
employee positions existing at the time of the execution or
renewal of the contract.
(2) Nothing contained in this chapter prohibits the
department of transportation from purchasing construction
services or construction engineering services, as those terms
are defined in RCW 47.28.241, by contract from qualified
private businesses as specified in RCW 47.28.251(2). [2003
c 363 § 104; 1979 ex.s. c 46 § 2.]
Finding—Intent—2003 c 363 §§ 103 and 104: See note following
RCW 47.28.251.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
41.06.382
41.06.382 Purchasing services by contract not prohibited—Limitations. (Effective until July 1, 2005.) Nothing contained in this chapter shall prohibit any institution of
higher education, as defined in RCW 28B.10.016, or related
board from purchasing services by contract with individuals
or business entities if such services were regularly purchased
by valid contract at such institution prior to April 23, 1979:
PROVIDED, That no such contract may be executed or
renewed if it would have the effect of terminating classified
employees or classified employee positions existing at the
time of the execution or renewal of the contract. [1979 ex.s.
c 46 § 1. Formerly RCW 28B.16.240.]
41.06.400
41.06.400 Training and career development programs—Powers and duties of director. (1) In addition to
other powers and duties specified in this chapter, the director
shall, by rule, prescribe the purpose and minimum standards
for training and career development programs and, in so
doing, regularly consult with and consider the needs of individual agencies and employees.
(2) In addition to other powers and duties specified in
this chapter, the director shall:
(a) Provide for the evaluation of training and career
development programs and plans of agencies. The director
shall report the results of such evaluations to the agency
which is the subject of the evaluation;
(2004 Ed.)
State Civil Service Law
(b) Provide training and career development programs
which may be conducted more efficiently and economically
on an interagency basis;
(c) Promote interagency sharing of resources for training
and career development;
(d) Monitor and review the impact of training and career
development programs to ensure that the responsibilities of
the state to provide equal employment opportunities are diligently carried out.
(3) At an agency's request, the director may provide
training and career development programs for an agency's
internal use which may be conducted more efficiently and
economically by the department of personnel. [2002 c 354 §
219; 1980 c 118 § 4.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Severability—1980 c 118: See note following RCW 41.06.010.
41.06.410 Agency training and career development
plans—Report—Budget. Each agency subject to the provisions of this chapter shall:
(1) Prepare an employee training and career development plan which shall at least meet minimum standards
established by the director. A copy of such plan shall be submitted to the director for purposes of administering the provisions of RCW 41.06.400(2);
(2) Provide for training and career development for its
employees in accordance with the agency plan;
(3) Report on its training and career development program operations and costs to the director in accordance with
reporting procedures adopted by the director;
(4) Budget for training and career development in accordance with procedures of the office of financial management.
[2002 c 354 § 220; 1980 c 118 § 5.]
41.06.410
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Severability—1980 c 118: See note following RCW 41.06.010.
41.06.420 Entry-level management training course—
Requirements—Suspension—Waiver—Designation of
supervisory or management positions. (1) The board, by
rule, shall prescribe the conditions under which an employee
appointed to a supervisory or management position after June
12, 1980, shall be required to successfully complete an entrylevel management training course as approved by the director. Such training shall not be required of any employee who
has completed a management training course prior to the
employee's appointment which is, in the judgment of the
director, at least equivalent to the entry-level course required
by this section.
(2) The board, by rule, shall establish procedures for the
suspension of the entry-level training requirement in cases
where the ability of an agency to perform its responsibilities
is adversely affected, or for the waiver of this requirement in
cases where a person has demonstrated experience as a substitute for training.
(3) Agencies subject to the provisions of this chapter, in
accordance with rules prescribed by the board, shall designate individual positions, or groups of positions, as being
"supervisory" or "management" positions. Such designations
shall be subject to review by the director as part of the direc41.06.420
(2004 Ed.)
41.06.460
tor's evaluation of training and career development programs
prescribed by RCW 41.06.400(2). [1980 c 118 § 6.]
Severability—1980 c 118: See note following RCW 41.06.010.
41.06.450
41.06.450 Destruction or retention of information
relating to employee misconduct. (1) The director shall
adopt rules applicable to each agency to ensure that information relating to employee misconduct or alleged misconduct
is destroyed or maintained as follows:
(a) All such information determined to be false and all
such information in situations where the employee has been
fully exonerated of wrongdoing, shall be promptly destroyed;
(b) All such information having no reasonable bearing
on the employee's job performance or on the efficient and
effective management of the agency, shall be promptly
destroyed;
(c) All other information shall be retained only so long as
it has a reasonable bearing on the employee's job performance or on the efficient and effective management of the
agency.
(2) Notwithstanding subsection (1) of this section, an
agency may retain information relating to employee misconduct or alleged misconduct if:
(a) The employee requests that the information be
retained; or
(b) The information is related to pending legal action or
legal action may be reasonably expected to result.
(3) In adopting rules under this section, the director shall
consult with the public disclosure commission to ensure that
the public policy of the state, as expressed in chapter 42.17
RCW, is adequately protected. [2002 c 354 § 221; 1993 c
281 § 37; 1982 c 208 § 10.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
Legislative finding—Purpose—RCW 41.06.450: "The legislature
finds that, under some circumstances, maintaining information relating to
state employee misconduct or alleged misconduct is unfair to employees and
serves no useful function to the state. The purpose of RCW 41.06.450 is to
direct the personnel board to adopt rules governing maintenance of
employee records so that the records are maintained in a manner which is fair
to employees, which ensures proper management of state governmental
affairs, and which adequately protects the public interest." [1982 c 208 § 9.]
Severability—1982 c 208: See RCW 42.40.900.
Application of public disclosure law to information relating to employee
misconduct: RCW 42.17.295.
Employee inspection of personnel file: RCW 49.12.240 through 49.12.260.
41.06.455
41.06.455 Destruction of employee records authorized if consistent with other laws. RCW 41.06.450 does
not prohibit an agency from destroying identifying information in records relating to employee misconduct or alleged
misconduct if the agency deems the action is consistent with
the policy expressed in RCW 41.06.450 and in chapter 42.17
RCW. [1982 c 208 § 11.]
Severability—1982 c 208: See RCW 42.40.900.
41.06.460
41.06.460 Application of RCW 41.06.450 and
41.06.455 to classified and exempt employees. Notwithstanding RCW 41.06.040, 41.06.450 and 41.06.455 apply to
all classified and exempt employees of the state, including
[Title 41 RCW—page 57]
41.06.475
Title 41 RCW: Public Employment, Civil Service, and Pensions
employees of the institutions of higher education. [1982 c
208 § 12.]
Severability—1982 c 208: See RCW 42.40.900.
41.06.475 State employment in the supervision, care,
or treatment of children or developmentally disabled persons—Rules on background investigation. The director
shall adopt rules, in cooperation with the secretary of social
and health services, for the background investigation of persons being considered for state employment in positions
directly responsible for the supervision, care, or treatment of
children or developmentally disabled persons. [2002 c 354 §
222; 1993 c 281 § 38; 1986 c 269 § 2.]
41.06.475
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
Children and vulnerable adults: RCW 43.43.830 through 43.43.842.
State hospitals: RCW 72.23.035.
Supervision, care, or treatment of children or developmentally disabled or
other vulnerable persons—State employment—Investigation of conviction records or pending charges: RCW 43.20A.710.
41.06.476 Background investigation rules—Updating. (1) The board shall amend any existing rules established
under RCW 41.06.475 and adopt rules developed in cooperation and agreement with the department of social and health
services to implement the provisions of chapter 296, Laws of
2001.
(2) The legislature's delegation of authority to the agency
under chapter 296, Laws of 2001 is strictly limited to:
(a) The minimum delegation necessary to administer the
clear and unambiguous directives of chapter 296, Laws of
2001; and
(b) The administration of circumstances and behaviors
foreseeable at *the time of enactment. [2001 c 296 § 6.]
41.06.476
*Reviser's note: 2001 c 296 attained final passage by the legislature on
April 20, 2001, was signed by the governor and filed with the secretary of
state on May 14, 2001, and took effect July 22, 2001.
Intent—2001 c 296: See note following RCW 9.96A.060.
41.06.480 Background check disqualification—Policy recommendations. The personnel resources board must
develop policy recommendations addressing the action that
will be taken if a background check result disqualifies an
employee from his or her current position. A report of the recommendations developed must be delivered to the legislature
by December 1, 2001. [2001 c 296 § 7.]
41.06.480
Intent—2001 c 296: See note following RCW 9.96A.060.
41.06.490 State employee return-to-work program.
(1) In addition to the rules adopted under RCW 41.06.150,
the director shall adopt rules establishing a state employee
return-to-work program. The program shall, at a minimum:
(a) Direct each agency to adopt a return-to-work policy.
The program shall allow each agency program to take into
consideration the special nature of employment in the
agency;
(b) Provide for eligibility in the return-to-work program,
for a minimum of two years from the date the temporary disability commenced, for any permanent employee who is
receiving compensation under RCW 51.32.090 and who is,
41.06.490
[Title 41 RCW—page 58]
by reason of his or her temporary disability, unable to return
to his or her previous work, but who is physically capable of
carrying out work of a lighter or modified nature;
(c) Allow opportunity for return-to-work statewide when
appropriate job classifications are not available in the agency
that is the appointing authority at the time of injury;
(d) Require each agency to name an agency representative responsible for coordinating the return-to-work program
of the agency;
(e) Provide that applicants receiving appointments for
classified service receive an explanation of the return-towork policy;
(f) Require training of supervisors on implementation of
the return-to-work policy, including but not limited to assessment of the appropriateness of the return-to-work job for the
employee; and
(g) Coordinate participation of applicable employee
assistance programs, as appropriate.
(2) The agency full-time equivalents necessary to implement the return-to-work program established under this section shall be used only for the purposes of the return-to-work
program and the net increase in full-time equivalents shall be
temporary. [2002 c 354 § 223; 1990 c 204 § 3.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Findings—Purpose—1990 c 204: See note following RCW
51.44.170.
41.06.500
41.06.500 Managers—Rules—Goals. (1) Except as
provided in RCW 41.06.070, notwithstanding any other provisions of this chapter, the director is authorized to adopt,
after consultation with state agencies and employee organizations, rules for managers as defined in RCW 41.06.022.
These rules shall not apply to managers employed by institutions of higher education or related boards or whose positions
are exempt. The rules shall govern recruitment, appointment,
classification and allocation of positions, examination, training and career development, hours of work, probation, certification, compensation, transfer, affirmative action, promotion, layoff, reemployment, performance appraisals, discipline, and any and all other personnel practices for managers.
These rules shall be separate from rules adopted for other
employees, and to the extent that the rules adopted under this
section apply only to managers shall take precedence over
rules adopted for other employees, and are not subject to
review by the board.
(2) In establishing rules for managers, the director shall
adhere to the following goals:
(a) Development of a simplified classification system
that facilitates movement of managers between agencies and
promotes upward mobility;
(b) Creation of a compensation system that provides
flexibility in setting and changing salaries, and shall require
review and approval by the director in the case of any salary
changes greater than five percent proposed for any group of
employees;
(c) Establishment of a performance appraisal system that
emphasizes individual accountability for program results and
efficient management of resources; effective planning, organization, and communication skills; valuing and managing
(2004 Ed.)
State Civil Service Law
workplace diversity; development of leadership and interpersonal abilities; and employee development;
(d) Strengthening management training and career
development programs that build critical management
knowledge, skills, and abilities; focusing on managing and
valuing workplace diversity; empowering employees by
enabling them to share in workplace decision making and to
be innovative, willing to take risks, and able to accept and
deal with change; promoting a workplace where the overall
focus is on the recipient of the government services and how
these services can be improved; and enhancing mobility and
career advancement opportunities;
(e) Permitting flexible recruitment and hiring procedures
that enable agencies to compete effectively with other
employers, both public and private, for managers with appropriate skills and training; allowing consideration of all qualified candidates for positions as managers; and achieving
affirmative action goals and diversity in the workplace;
(f) Providing that managers may only be reduced, dismissed, suspended, or demoted for cause; and
(g) Facilitating decentralized and regional administration. [2002 c 354 § 243; 2002 c 354 § 242; 1996 c 319 § 4;
1993 c 281 § 9.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.510
41.06.510 Institutions of higher education—Designation of personnel officer. Each institution of higher education and each related board shall designate an officer who
shall perform duties as personnel officer. The personnel
officer at each institution or related board shall direct, supervise, and manage administrative and technical personnel
activities for the classified service at the institution or related
board consistent with policies established by the institution or
related board and in accordance with the provisions of this
chapter and the rules adopted under this chapter. Institutions
may undertake jointly with one or more other institutions to
appoint a person qualified to perform the duties of personnel
officer, provide staff and financial support and may engage
consultants to assist in the performance of specific projects.
The services of the department of personnel may also be used
by the institutions or related boards pursuant to RCW
41.06.080.
The state board for community and technical colleges
shall have general supervision and control over activities
undertaken by the various community colleges pursuant to
this section. [1993 c 281 § 10.]
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.530
41.06.530 Personnel resource and management policy—Implementation. (1) The legislature recognizes that:
(a) The labor market and the state government work
force are diverse in terms of gender, race, ethnicity, age, and
the presence of disabilities.
(b) The state's personnel resource and management practices must be responsive to the diverse nature of its work
force composition.
(c) Managers in all agencies play a key role in the implementation of all critical personnel policies.
(2004 Ed.)
41.06.540
It is therefore the policy of the state to create an organizational culture in state government that respects and values
individual differences and encourages the productive potential of every employee.
(2) To implement this policy, the department shall:
(a) In consultation with agencies, employee organizations, employees, institutions of higher education, and related
boards, review civil service rules and related policies to
ensure that they support the state's policy of valuing and managing diversity in the workplace;
(b) In consultation with agencies, employee organizations, and employees, institutions of higher education, and
related boards, develop model policies, procedures, and technical information to be made available to such entities for the
support of workplace diversity programs, including, but not
limited to:
(i) Voluntary mentorship programs;
(ii) Alternative testing practices for persons of disability
where deemed appropriate;
(iii) Career counseling;
(iv) Training opportunities, including management and
employee awareness and skills training, English as a second
language, and individual tutoring;
(v) Recruitment strategies;
(vi) Management performance appraisal techniques that
focus on valuing and managing diversity in the workplace;
and
(vii) Alternative work arrangements;
(c) In consultation with agencies, employee organizations, and employees, institutions of higher education, and
related boards, develop training programs for all managers to
enhance their ability to implement diversity policies and to
provide a thorough grounding in all aspects of the state civil
service law and merit system rules, and how the proper
implementation and application thereof can facilitate and further the mission of the agency.
(3) The department shall coordinate implementation of
this section with the office of financial management and
institutions of higher education and related boards to reduce
duplication of effort. [1993 c 281 § 12.]
Effective date—1993 c 281: See note following RCW 41.06.022.
41.06.540
41.06.540 Joint employee-management committees.
Meaningful and effective involvement of employees and
their representatives is essential to the efficient and effective
delivery of state government services. To accomplish this,
agencies shall use joint employee-management committees
to collaborate on the desired goals of streamlined organizational structures, continuous improvement in all systems and
processes, empowerment of line level employees to solve
workplace and system delivery problems, managers functioning as coaches and facilitators, and employee training and
development as an investment in the future. If employees are
represented by an exclusive bargaining representative, the
representative shall select the employee committee members
and also be on the committee. In addition, the committees
shall be used for improvement of the quality of work life for
state employees resulting in more productive and efficient
service delivery to the general public and customers of state
[Title 41 RCW—page 59]
41.06.900
Title 41 RCW: Public Employment, Civil Service, and Pensions
government. Nothing in this section supplants any collective
bargaining process or provision. [1993 c 281 § 13.]
Effective date—1993 c 281: See note following RCW 41.06.022.
legislature regarding salaries and related costs, and to reduce
present costs of manual procedures in personnel and payroll
record keeping and reporting. [1979 c 151 § 62; 1975 1st
ex.s. c 239 § 2.]
41.06.900
41.06.900 Short title. This chapter shall be referred to
as the state civil service law. [1961 c 1 § 34 (Initiative Measure No. 207, approved November 8, 1960).]
41.06.910
41.06.910 Severability—1961 c 1. If any provision of
this act or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of the
act which can be given effect without the invalid provision or
application, and to this end any section, sentence, or word is
declared to be severable. [1961 c 1 § 35 (Initiative Measure
No. 207, approved November 8, 1960).]
41.06.911
41.06.911 Severability—1975-'76 2nd ex.s. c 43. If
any provision of this 1976 amendatory act, or its application
to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons
or circumstances is not affected. [1975-'76 2nd ex.s. c 43 §
5.]
Chapter 41.07 RCW
CENTRAL PERSONNEL-PAYROLL SYSTEM
Chapter 41.07
Sections
41.07.010
41.07.020
41.07.030
41.07.900
41.07.901
Definitions.
Administration, maintenance and operation of system—Intent.
Costs.
Transfer of personnel, records, equipment, etc.
Effective date—1975 1st ex.s. c 239.
41.07.010
41.07.010 Definitions. (1) As used in this chapter "state
agency" means all offices, departments, agencies, institutions, boards, and commissions of state government including those headed by an elected official and including institutions of higher education.
(2) As used in this chapter "central personnel-payroll
system" means an automated data processing system capable
of keeping records and processing necessary transactions in
the process of employing persons, changing their employment status, and paying employees of any or all state agencies. Such system shall include production of reports and
documents required or authorized by state or federal agencies. [1975 1st ex.s. c 239 § 1.]
41.07.020
41.07.020 Administration, maintenance and operation of system—Intent. The department of personnel is
authorized to administer, maintain, and operate the central
personnel-payroll system and to provide its services for any
state agency designated jointly by the director of the department of personnel and the director of financial management.
The system shall be operated through state data processing centers. State agencies shall convert personnel and payroll processing to the central personnel-payroll system as
soon as administratively and technically feasible as determined by the office of financial management and the department of personnel. It is the intent of the legislature to provide,
through the central personnel-payroll system, for uniform
reporting to the office of financial management and to the
[Title 41 RCW—page 60]
41.07.030
41.07.030 Costs. The costs of administering, maintaining, and operating the central personnel-payroll system shall
be distributed to the using state agencies. In order to insure
proper and equitable distribution of costs the department of
personnel shall utilize cost accounting procedures to identify
all costs incurred in the administration, maintenance, and
operation of the central personnel-payroll system. In order to
facilitate proper and equitable distribution of costs to the
using state agencies the department of personnel is authorized to utilize the data processing revolving fund created by
RCW 43.105.080 and the department of personnel service
fund created by RCW 41.06.280. [1975 1st ex.s. c 239 § 3.]
41.07.900
41.07.900 Transfer of personnel, records, equipment,
etc. On October 1, 1975, or at such earlier time as may be
mutually agreed upon by the director of general administration and the director of personnel, the staff of the data processing service center engaged in payroll data control and
payroll data entry along with such records, files, data, materials, equipment, supplies, and other assets as are directly associated with their function shall be transferred to the department of personnel. [1975 1st ex.s. c 239 § 4.]
41.07.901
41.07.901 Effective date—1975 1st ex.s. c 239. This
act is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government
and its existing public institutions, and shall take effect July
1, 1975. [1975 1st ex.s. c 239 § 6.]
Chapter 41.08
Chapter 41.08 RCW
CIVIL SERVICE FOR CITY FIREMEN
Sections
41.08.010
41.08.020
41.08.030
41.08.040
41.08.050
41.08.060
41.08.070
41.08.075
41.08.080
41.08.090
41.08.100
41.08.110
41.08.120
41.08.130
41.08.140
41.08.150
41.08.160
41.08.170
41.08.180
41.08.183
Application of chapter.
Excluded cities—Repeal of local law—Effect.
Civil service commission created—Appointment—Terms—
Removal—Quorum.
Organization of commission—Secretary—Powers and duties
of commission.
Persons included—Competitive examinations—Transfers,
discharges, and reinstatements.
Existing firemen blanketed under civil service.
Qualifications of applicants.
Residency as condition of employment—Discrimination
because of lack of residency—Prohibited.
Tenure of employment—Grounds for discharge, reduction, or
deprivation of privileges.
Procedure for removal, suspension, demotion or discharge—
Investigation—Hearing—Appeal.
Filling of vacancies—Probationary period.
Power to create offices, make appointments and fix salaries
not infringed.
Approval of payrolls.
Leaves of absence—Notice—Filling vacancy.
Enforcement by civil action—Legal counsel.
Deceptive practices, false marks, etc., prohibited.
Political contributions and services—Not required—Solicitation and coercion prohibited.
Local legislation required—Penalty.
Office and supplies to be furnished—Penalty for not providing.
Time limit for creation of commission—Penalty.
(2004 Ed.)
Civil Service for City Firemen
41.08.185
41.08.040
Duty of commission to organize and function—Penalty for
violation.
Cooperation of city officers and employees enjoined.
Appropriation for expenses.
Penalty—Jurisdiction.
Definitions.
Severability—1935 c 31.
Repeal.
the provisions of this chapter. Confirmation of said appointment or appointments of commissioners by any legislative
body shall not be required. At the time of any appointment
not more than two commissioners shall be adherents of the
same political party. [1935 c 31 § 3; RRS § 9558-3.]
Civil service for employees of fire protection districts: RCW 52.30.040.
41.08.040 Organization of commission—Secretary—
Powers and duties of commission. Immediately after
appointment the commission shall organize by electing one
of its members chair and hold regular meetings at least once
a month, and such additional meetings as may be required for
the proper discharge of their duties.
They shall appoint a secretary and chief examiner, who
shall keep the records of the commission, preserve all reports
made to it, superintend and keep a record of all examinations
held under its direction, and perform such other duties as the
commission may prescribe.
The secretary and chief examiner shall be appointed as a
result of competitive examination which examination may be
either original and open to all properly qualified citizens of
the city, town or municipality, or promotional and limited to
persons already in the service of the fire department or of the
fire department and other departments of said city, town or
municipality, as the commission may decide. The secretary
and chief examiner may be subject to suspension, reduction
or discharge in the same manner and subject to the same limitations as are provided in the case of members of the fire
department. It shall be the duty of the civil service commission:
(1) To make suitable rules and regulations not inconsistent with the provisions of this chapter. Such rules and regulations shall provide in detail the manner in which examinations may be held, and appointments, promotions, transfers,
reinstatements, demotions, suspensions and discharges shall
be made, and may also provide for any other matters connected with the general subject of personnel administration,
and which may be considered desirable to further carry out
the general purposes of this chapter, or which may be found
to be in the interest of good personnel administration. Such
rules and regulations may be changed from time to time. The
rules and regulations and any amendments thereof shall be
printed, mimeographed or multigraphed for free public distribution. Such rules and regulations may be changed from time
to time.
(2) All tests shall be practical, and shall consist only of
subjects which will fairly determine the capacity of persons
examined to perform duties of the position to which appointment is to be made, and may include tests of physical fitness
and/or of manual skill.
(3) The rules and regulations adopted by the commission
shall provide for a credit in accordance with RCW 41.04.010
in favor of all applicants for appointment under civil service,
who, in time of war, or in any expedition of the armed forces
of the United States, have served in and been honorably discharged from the armed forces of the United States, including
the army, navy, and marine corps and the American Red
Cross. These credits apply to entrance examinations only.
(4) The commission shall make investigations concerning and report upon all matters touching the enforcement and
effect of the provisions of this chapter, and the rules and regulations prescribed hereunder; inspect all institutions, depart-
41.08.190
41.08.200
41.08.210
41.08.220
41.08.900
41.08.910
41.08.010 Application of chapter. The provisions of
this chapter shall have no application to cities and towns
which at the present time have provided for civil service in
the fire department or which shall subsequently provide for
civil service in the fire department by local charter or other
regulations which said local charter or regulations substantially accomplish the purpose of this chapter. [1935 c 31 § 1;
RRS § 9558-1.]
41.08.010
41.08.020 Excluded cities—Repeal of local law—
Effect. If any of the cities or towns referred to in RCW
41.08.010 shall at any time repeal the charter provisions or
other local acts of said cities or towns providing for civil service for firemen as referred to in RCW 41.08.010, in that
event this chapter shall apply to all of such cities and towns
which have at any time abolished civil service for members
of the fire department. [1935 c 31 § 2; RRS § 9558-2.]
41.08.020
41.08.030 Civil service commission created—
Appointment—Terms—Removal—Quorum. There is
hereby created in every city, town or municipality except
those referred to in RCW 41.08.010, having a full paid fire
department a civil service commission which shall be composed of three persons.
The members of such commission shall be appointed by
the person or group of persons who, acting singly or in conjunction, as a mayor, city manager, council, common council,
commission, or otherwise, is or are vested by law with power
and authority to select, appoint, or employ the chief of a fire
department in any such city, prior to the enactment of this
chapter. The members of such commission shall serve without compensation. No person shall be appointed a member of
such commission who is not a citizen of the United States, a
resident of such city for at least three years immediately preceding such appointment, and an elector of the county
wherein he resides. The term of office of such commissioners
shall be for six years, except that the first three members of
such commission shall be appointed for different terms, as
follows: One to serve for a period of two years, one to serve
for a period of four years, and one to serve for a period of six
years. Any member of such commission may be removed
from office for incompetency, incompatibility or dereliction
of duty, or malfeasance in office, or other good cause: PROVIDED, HOWEVER, That no member of the commission
shall be removed until charges have been preferred, in writing, due notice and a full hearing had. The members of such
commission shall devote due time and attention to the performance of the duties hereinafter specified and imposed upon
them by this chapter. Two members of such commission shall
constitute a quorum and the votes of any two members of
such commission concurring shall be sufficient for the decision of all matters and the transaction of all business to be
decided or transacted by the commission under or by virtue of
41.08.030
(2004 Ed.)
41.08.040
[Title 41 RCW—page 61]
41.08.050
Title 41 RCW: Public Employment, Civil Service, and Pensions
ments, offices, places, positions and employments affected
by this chapter, and ascertain whether this chapter and all
such rules and regulations are being obeyed. Such investigations may be made by the commission or by any commissioner designated by the commission for that purpose. Not
only must these investigations be made by the commission as
aforesaid, but the commission must make like investigation
on petition of a citizen, duly verified, stating that irregularities or abuses exist, or setting forth in concise language, in
writing, the necessity for such investigation. In the course of
such investigation the commission or designated commissioner, or chief examiner, shall have the power to administer
oaths, subpoena and require the attendance of witnesses and
the production by them of books, papers, documents and
accounts appertaining to the investigation and also to cause
the deposition of witnesses residing within or without the
state to be taken in the manner prescribed by law for like depositions in civil actions in the superior court; and the oaths
administered hereunder and the subpoenas issued hereunder
shall have the same force and effect as the oaths administered
by a superior court judge in his or her judicial capacity; and
the failure upon the part of any person so subpoenaed to comply with the provisions of this section shall be deemed a violation of this chapter, and punishable as such.
(5) All hearings and investigations before the commission, or designated commissioner, or chief examiner, shall be
governed by this chapter and by rules of practice and procedure to be adopted by the commission, and in the conduct
thereof neither the commission, nor designated commissioner
shall be bound by the technical rules of evidence. No informality in any proceedings or hearing, or in the manner of taking testimony before the commission or designated commissioner, shall invalidate any order, decision, rule or regulation
made, approved or confirmed by the commission: PROVIDED, HOWEVER, That no order, decision, rule or regulation made by any designated commissioner conducting any
hearing or investigation alone shall be of any force or effect
whatsoever unless and until concurred in by at least one of
the other two members.
(6) To hear and determine appeals or complaints respecting the administrative work of the personnel department;
appeals upon the allocation of positions; the rejection of an
examination, and such other matters as may be referred to the
commission.
(7) Establish and maintain in card or other suitable form
a roster of officers and employees.
(8) Provide for, formulate and hold competitive tests to
determine the relative qualifications of persons who seek
employment in any class or position and as a result thereof
establish eligible lists for the various classes of positions, and
to provide that persons laid off because of curtailment of
expenditures, reduction in force, and for like causes, head the
list in the order of their seniority, to the end that they shall be
the first to be reemployed.
(9) When a vacant position is to be filled, to certify to the
appointing authority, on written request, the name of the person highest on the eligible list for the class. If there are no
such lists, to authorize provisional or temporary appointment
list of such class. Such temporary or provisional appointment
shall not continue for a period longer than four months; nor
shall any person receive more than one provisional appoint[Title 41 RCW—page 62]
ment or serve more than four months as a provisional appointee in any one fiscal year.
(10) Keep such records as may be necessary for the
proper administration of this chapter. [1993 c 47 § 4; 1973
1st ex.s. c 154 § 60; 1935 c 31 § 5; RRS § 9558-5.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Preferred rights in employment, examinations, appointments, etc., limited to
actual members of armed forces: RCW 73.04.090.
Veterans' scoring criteria status in examinations: RCW 41.04.010.
41.08.050
41.08.050 Persons included—Competitive examinations—Transfers, discharges, and reinstatements. The
classified civil service and provisions of this chapter shall
include all full paid employees of the fire department of each
city, town or municipality coming within its purview, except
that individuals appointed as fire chief after July 1, 1987, may
be excluded by the legislative body of the city, town, or
municipality. All appointments to and promotions in said
department shall be made solely on merit, efficiency and fitness, which shall be ascertained by open competitive examination and impartial investigation. No person shall be reinstated in, or transferred, suspended or discharged from any
such place, position or employment contrary to the provisions
of this chapter. [1987 c 339 § 1; 1935 c 31 § 4; RRS § 95584.]
Severability—Effective date—1987 c 339: See notes following RCW
35.21.333.
41.08.060
41.08.060 Existing firemen blanketed under civil service. For the benefit of the public service and to prevent
delay, injury, or interruption therein by reason of the enactment of this chapter, all persons holding a position in the fire
department of any such city, including the chief thereof,
when this chapter takes effect, who shall have served in such
position for a period of at least six months last past continuously, are hereby declared eligible for permanent appointment under civil service to the offices, places, positions or
employments which they shall then hold, respectively, without examination or other act on their part, and not on probation; and every such person is hereby automatically adopted
and inducted permanently into civil service, into such office,
place, position or employment which such person then holds
as completely and effectually to all intents and purposes as if
such person had been permanently appointed thereto under
civil service after examination and investigation. [1935 c 31
§ 6; RRS § 9558-6.]
41.08.070
41.08.070 Qualifications of applicants. An applicant
for a position of any kind under civil service, must be a citizen of the United States of America who can read and write
the English language.
An applicant for a position of any kind under civil service must be of an age suitable for the position applied for, in
ordinary good health, of good moral character and of temperate and industrious habits; these facts to be ascertained in
such manner as the commission may deem advisable. [1972
ex.s. c 37 § 2; 1963 c 95 § 1; 1935 c 31 § 7; RRS § 9558-7.]
Purpose—1972 ex.s. c 37: "It is the purpose of this 1972 amendatory
act to increase the availability of qualified applicants for employment in
positions of public safety in municipal government; namely, firemen and
policemen; and to eliminate present inequities that result from the applica(2004 Ed.)
Civil Service for City Firemen
tion of residency requirements under existing statutes pertaining to such
employment." [1972 ex.s. c 37 § 1.]
41.08.075
41.08.075 Residency as condition of employment—
Discrimination because of lack of residency—Prohibited.
No city, town, or municipality shall require any person applying for or holding an office, place, position, or employment
under the provisions of this chapter or under any local charter
or other regulations described in RCW 41.08.010 to reside
within the limits of such municipal corporation as a condition
of employment, or to discriminate in any manner against any
such person because of his residence outside of the limits of
such city, town, or municipality. [1972 ex.s. c 37 § 4.]
Purpose—1972 ex.s. c 37: See note following RCW 41.08.070.
41.08.080
41.08.080 Tenure of employment—Grounds for discharge, reduction, or deprivation of privileges. The tenure
of every one holding an office, place, position or employment
under the provisions of this chapter shall be only during good
behavior, and any such person may be removed or discharged, suspended without pay, demoted, or reduced in
rank, or deprived of vacation privileges or other special privileges for any of the following reasons:
(1) Incompetency, inefficiency or inattention to or dereliction of duty;
(2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow
employee, or any other act of omission or commission tending to injure the public service; or any other wilful failure on
the part of the employee to properly conduct himself; or any
wilful violation of the provisions of this chapter or the rules
and regulations to be adopted hereunder;
(3) Mental or physical unfitness for the position which
the employee holds;
(4) Dishonest, disgraceful, immoral or prejudicial conduct;
(5) Drunkenness or use of intoxicating liquors, narcotics,
or any other habit forming drug, liquid or preparation to such
extent that the use thereof interferes with the efficiency or
mental or physical fitness of the employee, or which precludes the employee from properly performing the functions
and duties of any position under civil service;
(6) Conviction of a felony, or a misdemeanor, involving
moral turpitude;
(7) Any other act or failure to act which in the judgment
of the civil service commissioners is sufficient to show the
offender to be an unsuitable and unfit person to be employed
in the public service. [1935 c 31 § 8; RRS § 9558-8.]
41.08.090
41.08.090 Procedure for removal, suspension, demotion or discharge—Investigation—Hearing—Appeal. No
person in the classified civil service who shall have been permanently appointed or inducted into civil service under provisions of this chapter, shall be removed, suspended, demoted
or discharged except for cause, and only upon the written
accusation of the appointing power, or any citizen or taxpayer, a written statement of which accusation, in general
terms, shall be served upon the accused, and a duplicate filed
with the commission. Any person so removed, suspended,
demoted or discharged may within ten days from the time of
his removal, suspension, demotion or discharge, file with the
(2004 Ed.)
41.08.100
commission a written demand for an investigation, whereupon the commission shall conduct such investigation. The
investigation shall be confined to the determination of the
question of whether such removal, suspension, demotion or
discharge was or was not made for political or religious reasons and was or was not made in good faith [f]or cause. After
such investigation the commission may affirm the removal,
or if it shall find that the removal, suspension, or demotion
was made for political or religious reasons, or was not made
in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office, place,
position or employment from which such person was
removed, suspended, demoted or discharged, which reinstatement shall, if the commission so provides in its discretion, be retroactive, and entitle such person to pay or compensation from the time of such removal, suspension, demotion
or discharge. The commission upon such investigation, in
lieu of affirming the removal, suspension, demotion or discharge may modify the order of removal, suspension, demotion or discharge by directing a suspension, without pay, for
a given period, and subsequent restoration to duty, or demotion in classification, grade, or pay; the findings of the commission shall be certified, in writing to the appointing power,
and shall be forthwith enforced by such officer.
All investigations made by the commission pursuant to
the provisions of this section shall be by public hearing, after
reasonable notice to the accused of the time and place of such
hearing, at which hearing the accused shall be afforded an
opportunity of appearing in person and by counsel, and presenting his defense. If such judgment or order be concurred in
by the commission or a majority thereof, the accused may
appeal therefrom to the court of original and unlimited jurisdiction in civil suits of the county wherein he resides. Such
appeal shall be taken by serving the commission, within
thirty days after the entry of such judgment or order, a written
notice of appeal, stating the grounds thereof, and demanding
that a certified transcript of the record and of all papers on file
in the office of the commission affecting or relating to such
judgment or order, be filed by the commission with such
court. The commission shall, within ten days after the filing
of such notice, make, certify and file such transcript with
such court. The court of original and unlimited jurisdiction in
civil suits shall thereupon proceed to hear and determine such
appeal in a summary manner: PROVIDED, HOWEVER,
That such hearing shall be confined to the determination of
whether the judgment or order of removal, discharge, demotion or suspension made by the commission, was or was not
made in good faith for cause, and no appeal to such court
shall be taken except upon such ground or grounds. [1935 c
31 § 9; RRS § 9558-9.]
41.08.100
41.08.100 Filling of vacancies—Probationary period.
Whenever a position in the classified service becomes vacant,
the appointing power, if it desires to fill the vacancy, shall
make requisition upon the commission for the name and
address of a person eligible for appointment thereto. The
commission shall certify the name of the person highest on
the eligible list for the class to which the vacant position has
been allocated, who is willing to accept employment. If there
is no appropriate eligible list for the class, the commission
shall certify the name of the person standing highest on said
[Title 41 RCW—page 63]
41.08.110
Title 41 RCW: Public Employment, Civil Service, and Pensions
list held appropriate for such class. If more than one vacancy
is to be filled an additional name shall be certified for each
additional vacancy. The appointing power shall forthwith
appoint such person to such vacant position.
Whenever requisition is to be made, or whenever a position is held by a temporary appointee and an eligible list for
the class of such position exists, the commission shall forthwith certify the name of the person eligible for appointment
to the appointing power, and said appointing power shall
forthwith appoint the person so certified to said position. No
person so certified shall be laid off, suspended, or given leave
of absence from duty, transferred or reduced in pay or grade,
except for reasons which will promote the good of the service, specified in writing, and after an opportunity to be heard
by the commission and then only with its consent and
approval.
To enable the appointing power to exercise a choice in
the filling of positions, no appointment, employment or promotion in any position in the classified service shall be
deemed complete until after the expiration of a period of
three to six months' probationary service, as may be provided
in the rules of the civil service commission during which the
appointing power may terminate the employment of the person certified to him, or it, if during the performance test thus
afforded, upon observation or consideration of the performance of duty, the appointing power deems him unfit or
unsatisfactory for service in the department. Whereupon the
appointing power shall designate the person certified as
standing next highest on any such list and such person shall
likewise enter upon said duties until some person is found
who is deemed fit for appointment, employment or promotion for the probationary period provided therefor, whereupon the appointment, employment or promotion shall be
deemed to be complete. [1935 c 31 § 11; RRS § 9558-11.]
service commission, should be furnished on said payroll,
bears the certificate of the civil service commission or of its
secretary or other duly authorized agent, that the persons
named in such payroll, estimate or account have been
appointed or employed in compliance with the terms of this
chapter and with the rules of the commission, and that the
said payroll, estimate or account is, so far as known to the
said commission, a true and accurate statement. The commission shall refuse to certify the pay of any public officer or
employee whom it finds to be illegally or improperly
appointed, and may further refuse to certify the pay of any
public officer or employee who shall wilfully or through culpable negligence violate or fail to comply with this chapter or
with the rules of the commission. [1935 c 31 § 13; RRS §
9558-13.]
41.08.130
41.08.130 Leaves of absence—Notice—Filling
vacancy. Leave of absence, without pay, may be granted by
any appointing power to any person under civil service:
PROVIDED, That such appointing power shall give notice of
such leave to the commission. All temporary employment
caused by leaves of absence shall be made from the eligible
list of the classified civil service. [1935 c 31 § 14; RRS §
9558-14.]
41.08.140
41.08.140 Enforcement by civil action—Legal counsel. It shall be the duty of the commission to begin and conduct all civil suits which may be necessary for the proper
enforcement of this chapter and of the rules of the commission. The commission shall be represented in such suits by
the chief legal officer of the city, but said commission may in
any case be represented by special counsel appointed by it.
[1935 c 31 § 15; RRS § 9558-15.]
41.08.150
41.08.110
41.08.110 Power to create offices, make appointments and fix salaries not infringed. All offices, places,
positions and employments coming within the purview of
this chapter, shall be created by the person or group of persons who, acting singly or in conjunction, as a mayor, city
manager, chief, common council, commission or otherwise,
is or are vested by law with power and authority to select,
appoint, or employ any person coming within the purview of
this chapter, and nothing herein contained shall infringe upon
the power and authority of any such person or group of persons, or appointing power, to fix the salaries and compensation of all employees employed hereunder. [1935 c 31 § 12;
RRS § 9558-12.]
41.08.120
41.08.120 Approval of payrolls. No treasurer, auditor,
comptroller or other officer or employee of any city, town or
municipality in which this chapter is effective, shall approve
the payment of or be in any manner concerned in paying,
auditing or approving any salary, wage or other compensation for services, to any person subject to the jurisdiction and
scope of this chapter, unless a payroll, estimate or account for
such salary, wage or other compensation, containing the
names of the persons to be paid, the amount to be paid to each
such person, the services on account of which same is paid,
and any other information which, in the judgment of the civil
[Title 41 RCW—page 64]
41.08.150 Deceptive practices, false marks, etc., prohibited. No commissioner or any other person, shall, by
himself or in cooperation with one or more persons, defeat,
deceive, or obstruct any person in respect of his right of
examination or registration according to the rules and regulations of this chapter, or falsely mark, grade, estimate or report
upon the examination or proper standing of any person examined, registered or certified pursuant to the provisions of this
chapter, or aid in so doing, or make any false representation
concerning the same, or concerning the person examined, or
furnish any person any special or secret information for the
purpose of improving or injuring the prospects or chances of
any person so examined, registered or certified, or to be
examined, registered or certified or persuade any other person, or permit or aid in any manner any other person to personate him, in connection with any examination or registration or application or request to be examined or registered.
[1935 c 31 § 16; RRS § 9558-16.]
41.08.160
41.08.160 Political contributions and services—Not
required—Solicitation and coercion prohibited. No person holding any office, place, position or employment subject
to civil service, is under any obligation to contribute to any
political fund or to render any political service to any person
or party whatsoever, and no person shall be removed, reduced
in grade or salary, or otherwise prejudiced for refusing so to
(2004 Ed.)
Civil Service for City Firemen
do. No public officer, whether elected or appointed, shall discharge, promote, demote or in any manner change the official
rank, employment or compensation of any person under civil
service, or promise or threaten so to do, for giving or withholding, or neglecting to make any contribution of money, or
services, or any other valuable thing, for any political purpose. [1935 c 31 § 17; RRS § 9558-17.]
41.08.900
ees, all reasonable facilities and assistance to inspect all
books, papers, documents and accounts applying or in any
way appertaining to any and all offices, places, positions and
employments, subject to civil service, and also to produce
said books, papers, documents and accounts, and attend and
testify, whenever required so to do by the commission or any
commissioner. [1935 c 31 § 10; RRS § 9558-10.]
Political activities of public employees: RCW 41.06.250.
41.08.200
41.08.170
41.08.170 Local legislation required—Penalty. The
various cities affected by the provisions of this chapter, shall,
immediately upon the taking effect thereof, enact appropriate
legislation for carrying this chapter into effect, and the failure
upon the part of the duly constituted authorities of any such
city so to do shall be considered a violation of this chapter
and be punishable as such. [1935 c 31 § 18; RRS § 9558-18.]
41.08.180
41.08.180 Office and supplies to be furnished—Penalty for not providing. The duly constituted authorities of
each and every city coming within the purview of this chapter, shall provide the commission with suitable and convenient rooms and accommodations and cause the same to be
furnished, heated and lighted and supplied with all office supplies and equipment necessary to carry on the business of the
commission and with such clerical assistance as may be necessary, all of which is to be commensurate with the number of
persons in each such city coming within the purview of this
chapter; and the failure upon the part of the duly constituted
authorities to do so, shall be considered a violation of this
chapter and shall be punishable as such. [1935 c 31 § 19;
RRS § 9558-19.]
41.08.200 Appropriation for expenses. For the purpose of carrying out the provisions of this chapter, such city,
town or municipality is hereby authorized to appropriate
from the general fund not to exceed four-tenths of one percent of the total payroll of those included under the jurisdiction and scope of the chapter: PROVIDED, HOWEVER,
That if the city council or other proper legislative body shall
make an appropriation for the support of said commission
equal to or more than the said continuing appropriation in any
year, this section shall not be operative for said year but otherwise shall be in full force and effect. [1935 c 31 § 22; RRS
§ 9558-22.]
41.08.210
41.08.210 Penalty—Jurisdiction. Any person who
shall wilfully violate any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one
hundred dollars and by imprisonment in the county jail for
not longer than thirty days, or by both such fine and imprisonment. The court of original and unlimited jurisdiction in
civil suits shall have jurisdiction of all such offenses defined
by this chapter. [1935 c 31 § 23; RRS § 9558-23.]
41.08.220
41.08.183
41.08.183 Time limit for creation of commission—
Penalty. In ninety days after the taking effect of this chapter,
it shall be the duty of the duly constituted authorities in each
such city, subject to the provisions of this chapter, to appoint
and create a civil service commission as provided for in RCW
41.08.010, and the failure upon the part of said duly constituted authorities, or any of them, so to do, shall be deemed a
violation of this chapter, and shall be punishable as such.
[1935 c 31 § 20; RRS § 9558-20.]
41.08.185
41.08.185 Duty of commission to organize and function—Penalty for violation. It shall be the duty of each
commission appointed subject to the provisions of this chapter, to immediately organize and see to it that the provisions
thereof are carried into effect, and to this end to make suitable
rules and regulations not inconsistent with the purpose of this
chapter, for the purpose of carrying the provisions thereof
into effect; and the failure upon the part of said commission,
or any individual member thereof to do so, shall be deemed a
violation of this chapter, and shall be punishable as such.
[1935 c 31 § 21; RRS § 9558-21.]
41.08.220 Definitions. As used in this chapter, the following mentioned terms shall have the following described
meanings:
The term "commission" means the civil service commission herein created, and the term "commissioner" means any
one of the three commissioners of that commission.
The term "appointing power" includes every person or
group of persons who, acting singly or in conjunction, as a
mayor, city manager, council, common council, commission,
or otherwise, is or are, vested by law with power and authority to select, appoint, or employ any person to hold any office,
place, position or employment subject to civil service.
The term "appointment" includes all means of selection,
appointing or employing any person to hold any office, place,
position or employment subject to civil service.
The term "city" includes all cities, towns and municipalities having a full paid fire department.
The term "full paid fire department" means that the officers and firemen employed in such are paid regularly by the
city and devote their whole time to fire fighting. [1935 c 31
§ 24; RRS § 9558-24.]
41.08.190
41.08.190 Cooperation of city officers and employees
enjoined. It shall be the duty of all officers and employees of
any such city to aid in all proper ways of carrying out the provisions of this chapter, and such rules and regulations as may,
from time to time, be prescribed by the commission thereunder and to afford the commission, its members and employ(2004 Ed.)
41.08.900
41.08.900 Severability—1935 c 31. If any section, subsection, subdivision, sentence, clause or phrase of this chapter, shall for any reason be held to be unconstitutional such
decision shall not affect the validity of the remaining portions
of this chapter. [1935 c 31 § 25; RRS § 9558-25.]
[Title 41 RCW—page 65]
41.08.910
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.08.910
41.08.910 Repeal. All acts and parts of acts in conflict
with the provisions of this chapter are hereby repealed insofar
as they conflict with the provisions of this chapter. [1935 c
31 § 26; RRS § 9558-26.]
Chapter 41.12
Chapter 41.12 RCW
CIVIL SERVICE FOR CITY POLICE
Sections
41.12.010
41.12.020
41.12.030
41.12.040
41.12.050
41.12.070
41.12.075
41.12.080
41.12.090
41.12.100
41.12.110
41.12.120
41.12.130
41.12.140
41.12.150
41.12.160
41.12.170
41.12.180
41.12.183
41.12.185
41.12.190
41.12.200
41.12.210
41.12.220
41.12.900
41.12.910
Application of chapter.
Excluded cities—Repeal of local law—Effect.
Civil service commission—Appointment—Terms—
Removal—Quorum.
Organization of commission—Secretary—Powers and duties
of commission.
Persons included—Restricted exemptions—Competitive
examinations—Transfers, discharges, and reinstatements.
Qualifications of applicants.
Residency as condition of employment—Discrimination
because of lack of residency—Prohibited.
Tenure of employment—Grounds for discharge, reduction, or
deprivation of privileges.
Procedure for removal, suspension, demotion or discharge—
Investigation—Hearing—Appeal.
Filling of vacancies—Probationary period.
Power to create offices, make appointments and fix salaries
not infringed.
Approval of payrolls.
Leaves of absence—Notice—Filling vacancy.
Enforcement by civil action—Legal counsel.
Deceptive practices, false marks, etc., prohibited.
Political contributions and services.
Local legislation required—Penalty.
Office and supplies to be furnished—Penalty for not providing.
Time limit for creation of commission—Penalty.
Duty of commission to organize and function—Penalty for
violation.
Cooperation of city officers and employees enjoined.
Appropriation for expenses.
Penalty—Jurisdiction.
Definitions.
Severability—1937 c 13.
Repeal.
The members of such commission shall be appointed by
the person or group of persons who, acting singly or in conjunction, as a mayor, city manager, council, common council,
commission, or otherwise, is or are vested by law with the
power and authority to select, appoint, or employ the chief of
a police department in any such city, prior to the enactment of
this chapter. The members of such commission shall serve
without compensation. No person shall be appointed a member of such commission who is not a citizen of the United
States, a resident of such city for at least three years immediately preceding such appointment, and an elector of the
county wherein he resides. The term of office of such commissioners shall be for six years, except that the first three
members of such commission shall be appointed for different
terms, as follows: One to serve for a period of two years, one
to serve for a period of four years, and one to serve for a
period of six years. Any member of such commission may be
removed from office for incompetency, incompatibility or
dereliction of duty, or malfeasance in office, or other good
cause: PROVIDED, HOWEVER, That no member of the
commission shall be removed until charges have been preferred, in writing, due notice and a full hearing had. The
members of such commission shall devote due time and
attention to the performance of the duties hereinafter specified and imposed upon them by this chapter. Two members
of such commission shall constitute a quorum and the votes
of any two members of such commission concurring shall be
sufficient for the decision of all matters and the transaction of
all business to be decided or transacted by the commission
under or by virtue of the provisions of this chapter. Confirmation of said appointment or appointments of commissioners
by any legislative body shall not be required. At the time of
any appointment not more than two commissioners shall be
adherents of the same political party. [1937 c 13 § 3; RRS §
9558a-3.]
41.12.040 Organization of commission—Secretary—
Powers and duties of commission. Immediately after
appointment the commission shall organize by electing one
of its members chair and hold regular meetings at least once
a month, and such additional meetings as may be required for
the proper discharge of their duties.
They shall appoint a secretary and chief examiner, who
shall keep the records for the commission, preserve all
reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other
duties as the commission may prescribe.
The secretary and chief examiner shall be appointed as a
result of competitive examination which examination may be
either original and open to all properly qualified citizens of
the city, town, or municipality, or promotional and limited to
persons already in the service of the police department or of
the police department and other departments of the city,
town, or municipality, as the commission may decide. The
secretary and chief examiner may be subject to suspension,
reduction, or discharge in the same manner and subject to the
same limitations as are provided in the case of members of
the police department. It shall be the duty of the civil service
commission:
(1) To make suitable rules and regulations not inconsistent with the provisions of this chapter. Such rules and regu41.12.040
41.12.010
41.12.010 Application of chapter. The provisions of
this chapter shall have no application to cities and towns
which at the present time have provided for civil service in
the police department or which shall subsequently provide
for civil service in the police department by local charter or
other regulations which said local charter or regulations substantially accomplish the purpose of this chapter, nor to cities
having a police force of not more than two persons including
the chief of police. [1937 c 13 § 1; RRS § 9558a-1.]
41.12.020
41.12.020 Excluded cities—Repeal of local law—
Effect. If any of the cities or towns referred to in RCW
41.12.010 shall at any time repeal the charter provisions or
other local acts of said cities or towns providing for civil service for policemen as referred to in RCW 41.12.010, in that
event this chapter shall apply to all of such cities and towns
which have at any time abolished civil service for members
of the police department. [1937 c 13 § 2; RRS § 9558a-2.]
41.12.030
41.12.030 Civil service commission—Appointment—
Terms—Removal—Quorum. There is hereby created in
every city, town or municipality except those referred to in
RCW 41.12.010, having fully paid policemen a civil service
commission which shall be composed of three persons.
[Title 41 RCW—page 66]
(2004 Ed.)
Civil Service for City Police
lations shall provide in detail the manner in which examinations may be held, and appointments, promotions, transfers,
reinstatements, demotions, suspensions, and discharges shall
be made, and may also provide for any other matters connected with the general subject of personnel administration,
and which may be considered desirable to further carry out
the general purposes of this chapter, or which may be found
to be in the interest of good personnel administration. Such
rules and regulations may be changed from time to time. The
rules and regulations and any amendments thereof shall be
printed, mimeographed, or multigraphed for free public distribution. Such rules and regulations may be changed from
time to time;
(2) All tests shall be practical, and shall consist only of
subjects which will fairly determine the capacity of persons
examined to perform duties of the position to which appointment is to be made, and may include tests of physical fitness
and/or of manual skill;
(3) The rules and regulations adopted by the commission
shall provide for a credit in accordance with RCW 41.04.010
in favor of all applicants for appointment under civil service,
who, in time of war, or in any expedition of the armed forces
of the United States, have served in and been honorably discharged from the armed forces of the United States, including
the army, navy, and marine corps and the American Red
Cross. These credits apply to entrance examinations only;
(4) The commission shall make investigations concerning and report upon all matters touching the enforcement and
effect of the provisions of this chapter, and the rules and regulations prescribed hereunder; inspect all institutions, departments, offices, places, positions, and employments affected
by this chapter, and ascertain whether this chapter and all
such rules and regulations are being obeyed. Such investigations may be made by the commission or by any commissioner designated by the commission for that purpose. Not
only must these investigations be made by the commission,
but the commission must make like investigation on petition
of a citizen, duly verified, stating that irregularities or abuses
exist, or setting forth in concise language, in writing, the
necessity for such investigation. In the course of such investigation the commission or designated commissioner, or chief
examiner, shall have the power to administer oaths, subpoena
and require the attendance of witnesses and the production by
them of books, papers, documents, and accounts appertaining
to the investigation, and also to cause the deposition of witnesses residing within or without the state to be taken in the
manner prescribed by law for like depositions in civil actions
in the superior court; and the oaths administered hereunder
and the subpoenas issued hereunder shall have the same force
and effect as the oaths administered by a superior court judge
in his or her judicial capacity; and the failure upon the part of
any person so subpoenaed to comply with the provisions of
this section shall be deemed a violation of this chapter, and
punishable as such;
(5) Hearings and Investigations: How conducted. All
hearings and investigations before the commission, or designated commissioner, or chief examiner, shall be governed by
this chapter and by rules of practice and procedure to be
adopted by the commission, and in the conduct thereof neither the commission, nor designated commissioner shall be
bound by the technical rules of evidence. No informality in
(2004 Ed.)
41.12.050
any proceedings or hearing, or in the manner of taking testimony before the commission or designated commissioner,
shall invalidate any order, decision, rule or regulation made,
approved or confirmed by the commission: PROVIDED,
HOWEVER, That no order, decision, rule or regulation made
by any designated commissioner conducting any hearing or
investigation alone shall be of any force or effect whatsoever
unless and until concurred in by at least one of the other two
members;
(6) To hear and determine appeals or complaints respecting the administrative work of the personnel department;
appeals upon the allocation of positions; the rejection of an
examination, and such other matters as may be referred to the
commission;
(7) Establish and maintain in card or other suitable form
a roster of officers and employees;
(8) Provide for, formulate and hold competitive tests to
determine the relative qualifications of persons who seek
employment in any class or position and as a result thereof
establish eligible lists for the various classes of positions, and
to provide that persons laid off because of curtailment of
expenditures, reduction in force, and for like causes, head the
list in the order of their seniority, to the end that they shall be
the first to be reemployed;
(9) When a vacant position is to be filled, to certify to the
appointing authority, on written request, the name of the person highest on the eligible list for the class. If there are no
such lists, to authorize provisional or temporary appointment
list of such class. Such temporary or provisional appointment
shall not continue for a period longer than four months; nor
shall any person receive more than one provisional appointment or serve more than four months as provisional appointee in any one fiscal year;
(10) Keep such records as may be necessary for the
proper administration of this chapter. [1993 c 47 § 5; 1937 c
13 § 5; RRS § 9558a-5.]
Preferred rights in employment, examinations, appointments, etc., limited to
actual members of armed forces: RCW 73.04.090.
Veterans' scoring criteria status in examinations: RCW 41.04.010.
41.12.050
41.12.050 Persons included—Restricted exemptions—Competitive examinations—Transfers, discharges, and reinstatements. (1) For police departments
with fewer than six commissioned officers, including the
police chief, the classified civil service and provisions of this
chapter includes all full paid employees of the department of
the city, town, or municipality.
(2) For police departments with six or more commissioned officers, including the police chief, the legislative
body of a city, town, or municipality may exempt from civil
service individuals appointed as police chief after July 1,
1987.
(a) If the police chief is not exempt, the classified civil
service includes all full paid employees of the department of
the city, town, or municipality, including the police chief.
(b) If the police chief is exempt, the classified civil service includes all full paid employees of the department of the
city, town, or municipality, except the police chief and an
additional number of positions, designated the unclassified
service, determined as follows:
[Title 41 RCW—page 67]
41.12.070
Department Personnel
6 through 10
11 through 20
21 through 50
51 through 100
101 through 250
251 through 500
501 and over
Title 41 RCW: Public Employment, Civil Service, and Pensions
Unclassified
Position Appointments
2
3
4
5
6
8
10
(3) The unclassified position appointments authorized by
subsection (2)(b) of this section may only include selections
from the following positions up to the limit of the number of
positions authorized: Assistant chief, deputy chief, bureau
commander, and administrative assistant or administrative
secretary. The initial selection of specific positions to be in
the unclassified service and exempt from civil service shall
be made by the police chief, who shall notify the civil service
commission of his or her selection. Subsequent changes in
the designation of which positions are in the unclassified service may be made only with the concurrence of the police
chief, the mayor or the city administrator, and the civil service commission, and then only after the civil service commission has heard the issue in an open meeting. If a position
initially selected by the police chief to be in the unclassified
service is in the classified civil service at the time of the
selection, and if the position is occupied, the employee occupying the position has the right to return to the next highest
position or a like position in the classified civil service.
(4) All appointments to and promotions in the department shall be made solely on merit, efficiency, and fitness
except as provided in RCW 35.13.360 through 35.13.400,
which shall be ascertained by open competitive examination
and impartial investigation. No person in the unclassified service shall be reinstated in or transferred, suspended, or discharged from any such place, position, or employment contrary to the provisions of this chapter. [2002 c 143 § 1; 1993
c 189 § 1; 1987 c 339 § 2; 1937 c 13 § 4; RRS § 9558a-4.]
Severability—Effective date—1987 c 339: See notes following RCW
35.21.333.
Chief of police or marshal—Eligibility requirements: RCW 35.21.333.
41.12.070
41.12.070 Qualifications of applicants. An applicant
for a position of any kind under civil service, must be a citizen of the United States of America who can read and write
the English language.
An applicant for a position of any kind under civil service must be of an age suitable for the position applied for, in
ordinary good health, of good moral character and of temperate and industrious habits; these facts to be ascertained in
such manner as the commission may deem advisable. [1972
ex.s. c 37 § 3; 1963 c 95 § 2; 1937 c 13 § 7; RRS § 9558a-7.]
Purpose—1972 ex.s. c 37: See note following RCW 41.08.070.
41.12.075
41.12.075 Residency as condition of employment—
Discrimination because of lack of residency—Prohibited.
No city, town, or municipality shall require any person applying for or holding an office, place, position, or employment
under the provisions of this chapter or under any local charter
[Title 41 RCW—page 68]
or other regulations described in RCW 41.12.010 to reside
within the limits of such municipal corporation as a condition
of employment or to discriminate in any manner against any
such person because of his residence outside of the limits of
such city, town, or municipality. [1972 ex.s. c 37 § 5.]
Purpose—1972 ex.s. c 37: See note following RCW 41.08.070.
41.12.080
41.12.080 Tenure of employment—Grounds for discharge, reduction, or deprivation of privileges. The tenure
of everyone holding an office, place, position or employment
under the provisions of this chapter shall be only during good
behavior, and any such person may be removed or discharged, suspended without pay, demoted, or reduced in
rank, or deprived of vacation privileges or other special privileges for any of the following reasons:
(1) Incompetency, inefficiency or inattention to or dereliction of duty;
(2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow
employee, or any other act of omission or commission tending to injure the public service; or any other wilful failure on
the part of the employee to properly conduct himself; or any
wilful violation of the provisions of this chapter or the rules
and regulation to be adopted hereunder;
(3) Mental or physical unfitness for the position which
the employee holds;
(4) Dishonest, disgraceful, immoral or prejudicial conduct;
(5) Drunkenness or use of intoxicating liquors, narcotics,
or any other habit forming drug, liquid or preparation to such
extent that the use thereof interferes with the efficiency or
mental or physical fitness of the employee, or which precludes the employee from properly performing the function
and duties of any position under civil service;
(6) Conviction of a felony, or a misdemeanor, involving
moral turpitude;
(7) Any other act or failure to act which in the judgment
of the civil service commissioners is sufficient to show the
offender to be an unsuitable and unfit person to be employed
in the public service. [1937 c 13 § 8; RRS § 9558a-8.]
41.12.090
41.12.090 Procedure for removal, suspension, demotion or discharge—Investigation—Hearing—Appeal. No
person in the classified civil service who shall have been permanently appointed or inducted into civil service under provisions of this chapter, shall be removed, suspended, demoted
or discharged except for cause, and only upon written accusation of the appointing power, or any citizen or taxpayer; a
written statement of which accusation, in general terms, shall
be served upon the accused, and a duplicate filed with the
commission. Any person so removed, suspended, demoted or
discharged may within ten days from the time of his removal,
suspension, demotion or discharge, file with the commission
a written demand for an investigation, whereupon the commission shall conduct such investigation. The investigation
shall be confined to the determination of the question of
whether such removal, suspension, demotion or discharge
was or was not made for political or religious reasons and
was or was not made in good faith [f]or cause. After such
investigation the commission may affirm the removal, or if it
(2004 Ed.)
Civil Service for City Police
shall find that the removal, suspension, or demotion was
made for political or religious reasons, or was not made in
good faith for cause, shall order the immediate reinstatement
of [or] reemployment of such person in the office, place,
position or employment from which such person was
removed, suspended, demoted or discharged, which reinstatement shall, if the commission so provides in its discretion, be retroactive, and entitle such person to pay or compensation from the time of such removal, suspension, demotion
or discharge. The commission upon such investigation, [in]
lieu of affirming the removal, suspension, demotion or discharge may modify the order of removal, suspension, demotion or discharge by directing a suspension, without pay, for
a given period, and subsequent restoration to duty, or demotion in classification, grade, or pay; the findings of the commission shall be certified, in writing to the appointing power,
and shall be forthwith enforced by such officer.
All investigations made by the commission pursuant to
the provisions of this section shall be had by public hearing,
after reasonable notice to the accused of the time and place of
such hearing, at which hearing the accused shall be afforded
an opportunity of appearing in person and by counsel, and
presenting his defense. If such judgment or order be concurred in by the commission or a majority thereof, the
accused may appeal therefrom to the court of original and
unlimited jurisdiction in civil suits of the county wherein he
resides. Such appeal shall be taken by serving the commission, within thirty days after the entry of such judgment or
order, a written notice of appeal, stating the grounds thereof,
and demanding that a certified transcript of the record and of
all papers on file in the office of the commission affecting or
relating to such judgment or order, be filed by the commission with such court. The commission shall, within ten days
after the filing of such notice, make, certify and file such transcript with such court. The court of original and unlimited
jurisdiction in civil suits shall thereupon proceed to hear and
determine such appeal in a summary manner: PROVIDED,
HOWEVER, That such hearing shall be confined to the
determination of whether the judgment or order of removal,
discharge, demotion or suspension made by the commission,
was or was not made in good faith for cause, and no appeal to
such court shall be taken except upon such ground or
grounds. [1937 c 13 § 9; RRS § 9558a-9.]
41.12.120
with certify the name of the person eligible for appointment
to the appointing power, and said appointing power shall
forthwith appoint the person so certified to said position. No
person so certified shall be laid off, suspended, or given leave
of absence from duty, transferred or reduced in pay or grade,
except for reasons which will promote the good of the service, specified in writing, and after an opportunity to be heard
by the commission and then only with its consent and
approval.
To enable the appointing power to exercise a choice in
the filling of positions, no appointment, employment or promotion in any position in the classified service shall be
deemed complete until after the expiration of a period of
three to six months' probationary service, as may be provided
in the rules of the civil service commission during which the
appointing power may terminate the employment of the person certified to him, or it, if during the performance test thus
afforded, upon observation or consideration of the performance of duty, the appointing power deems him unfit or
unsatisfactory for service in the department, whereupon the
appointing power shall designate the person certified as
standing next highest on any such list and such person shall
likewise enter upon said duties until some person is found
who is deemed fit for appointment, employment or promotion for the probationary period provided therefor, whereupon the appointment, employment or promotion shall be
deemed to be complete. [1937 c 13 § 11; RRS § 9558a-11.]
41.12.110
41.12.110 Power to create offices, make appointments and fix salaries not infringed. All offices, places,
positions and employments coming within the purview of
this chapter, shall be created by the person or group of persons who, acting singly or in conjunction, as a mayor, city
manager, chief, common council, commission or otherwise,
it is vested by law with power and authority to select, appoint,
or employ any person coming within the purview of this
chapter, and nothing herein contained shall infringe upon the
power and authority of any such person or group of persons,
or appointing power, to fix the salaries and compensation of
all employees employed hereunder. [1937 c 13 § 12; RRS §
9558a-12.]
41.12.120
41.12.100
41.12.100 Filling of vacancies—Probationary period.
Whenever a position in the classified service becomes vacant,
the appointing power, if it desires to fill the vacancy, shall
make requisition upon the commission for the name and
address of a person eligible for appointment thereto. The
commission shall certify the name of the person highest on
the eligible list for the class to which the vacant position has
been allocated, who is willing to accept employment. If there
is no appropriate eligible list for the class, the commission
shall certify the name of the person standing highest on said
list held appropriate for such class. If more than one vacancy
is to be filled an additional name shall be certified for each
additional vacancy. The appointing power shall forthwith
appoint such person to such vacant position.
Whenever requisition is to be made, or whenever a position is held by a temporary appointee and an eligible list for
the class of such position exists, the commission shall forth(2004 Ed.)
41.12.120 Approval of payrolls. No treasurer, auditor,
comptroller or other officer, or employee of any city, town or
municipality in which this chapter is effective, shall approve
the payment of or be in any manner concerned in paying,
auditing or approving any salary, wage, or other compensation for services, to any person subject to the jurisdiction and
scope of this chapter, unless a payroll, estimate or account for
such salary, wage or other compensation, containing the
names of the persons to be paid, the amount to be paid to each
such person, the services on account of which same is paid,
and any other information which, in the judgment of the civil
service commission, should be furnished on said payroll,
bears the certificate of the civil service commission or of its
secretary or other duly authorized agent, that the persons
named in such payroll, estimate or account have been
appointed or employed in compliance with the terms of this
chapter and with the rules of the commission, and that the
said payroll, estimate or account is, so far as known to the
[Title 41 RCW—page 69]
41.12.130
Title 41 RCW: Public Employment, Civil Service, and Pensions
said commission, a true and accurate statement. The commission shall refuse to certify the pay of any public officer or
employee whom it finds to be illegally or improperly
appointed, and may further refuse to certify the pay of any
public officer or employee who shall wilfully or through culpable negligence violate or fail to comply with this chapter or
with the rules of the commission. [1937 c 13 § 13; RRS §
9558a-13.]
41.12.170
41.12.170 Local legislation required—Penalty. The
various cities affected by the provisions of this chapter, shall
immediately upon the taking effect thereof, enact appropriate
legislation for carrying this chapter into effect, and the failure
upon the part of the duly constituted authorities of any such
city so to do shall be considered a violation of this chapter
and be punishable as such. [1937 c 13 § 18; RRS §
9558a-18.]
41.12.130
41.12.130 Leaves of absence—Notice—Filling
vacancy. Leave of absence, without pay, may be granted by
any appointing power to any person under civil service:
PROVIDED, That such appointing power shall give notice of
such leave to the commission. All temporary employment
caused by leaves of absence shall be made from the eligible
list of the classified civil service. [1937 c 13 § 14; RRS §
9558a-14.]
41.12.140
41.12.140 Enforcement by civil action—Legal counsel. It shall be the duty of the commission to begin and conduct all civil suits which may be necessary for the proper
enforcement of this chapter and of the rules of the commission. The commission shall be represented in such suits by
the chief legal officer of the city, but said commission may in
any case be represented by special counsel appointed by it.
[1937 c 13 § 15; RRS § 9558a-15.]
41.12.150
41.12.150 Deceptive practices, false marks, etc., prohibited. No commissioner or any other person, shall, by
himself or in cooperation with one or more persons, defeat,
deceive, or obstruct any person in respect of his right of
examination or registration according to the rules and regulations of this chapter, or falsely mark, grade, estimate or report
upon the examination or proper standing of any person examined, registered or certified pursuant to the provisions of this
chapter, or aid in so doing, or make any false representation
concerning the same, or concerning the person examined, or
furnish any person any special or secret information for the
purpose of improving or injuring the prospects or chances of
any person so examined, registered or certified, or to be
examined, registered or certified or persuade any other person, or permit or aid in any manner any other person to personate him, in connection with any examination or registration of application or request to be examined or registered.
[1937 c 13 § 16; RRS § 9558a-16.]
41.12.180
41.12.180 Office and supplies to be furnished—Penalty for not providing. The duly constituted authorities of
each and every city coming within the purview of this chapter, shall provide the commission with suitable and convenient rooms and accommodations and cause the same to be
furnished, heated and lighted and supplied with all office supplies and equipment necessary to carry on the business of the
commission and with such clerical assistance as may be necessary, all of which is to be commensurate with the number of
persons in each such city coming within the purview of this
chapter; and the failure upon the part of the duly constituted
authorities to do so, shall be considered a violation of this
chapter and shall be punishable as such. [1937 c 13 § 19;
RRS § 9558a-19.]
41.12.183
41.12.183 Time limit for creation of commission—
Penalty. In ninety days after the taking effect of this chapter,
it shall be the duty of the duly constituted authorities in each
such city, subject to the provisions of this chapter, to appoint
and create a civil service commission as provided for in RCW
41.12.010, and the failure upon the part of said duly constituted authorities, or any of them, so to do, shall be deemed a
violation of this chapter, and shall be punishable as such.
[1937 c 13 § 20; RRS § 9558a-20.]
41.12.185
41.12.185 Duty of commission to organize and function—Penalty for violation. It shall be the duty of each
commission appointed subject to the provisions of this chapter, to immediately organize and see to it that the provisions
thereof are carried into effect, and to this end to make suitable
rules and regulations not inconsistent with the purpose of this
chapter, for the purpose of carrying the provisions thereof
into effect; and the failure upon the part of said commission,
or any individual member thereof to do so, shall be deemed a
violation of this chapter, and shall be punishable as such.
[1937 c 13 § 21; RRS § 9558a-21.]
41.12.160
41.12.160 Political contributions and services. No
person holding any office, place, position or employment
subject to civil service, is under any obligation to contribute
to any political fund or to render any political service to any
person or party whatsoever, and no person shall be removed,
reduced in grade or salary, or otherwise prejudiced for refusing so to do. No public officer, whether elected or appointed,
shall discharge, promote, demote, or in any manner change
the official rank, employment or compensation of any person
under civil service, or promise or threaten so to do, for giving
or withholding, or neglecting to make any contribution of
money, or services, or any other valuable thing, for any political purpose. [1937 c 13 § 17; RRS § 9558a-17.]
Political activities of public employees: RCW 41.06.250.
[Title 41 RCW—page 70]
41.12.190
41.12.190 Cooperation of city officers and employees
enjoined. It shall be the duty of all officers and employees of
any such city to aid in all proper ways of carrying out the provisions of this chapter, and such rules and regulations as may,
from time to time, be prescribed by the commission thereunder and to afford the commission, its members and employees, all reasonable facilities and assistance to inspect all
books, papers, documents and accounts applying or in any
way appertaining to any and all offices, places, positions and
employments, subject to civil service, and also to produce
said books, papers, documents and accounts, and attend and
testify, whenever required so to do by the commission or any
commissioner. [1937 c 13 § 10; RRS § 9558a-10.]
(2004 Ed.)
Civil Service for Sheriff’s Office
41.12.200
41.12.200 Appropriation for expenses. For the purpose of carrying out the provisions of this chapter, such city,
town or municipality is hereby authorized to appropriate
from the general fund not to exceed four-tenths of one percent of the total payroll of those included under the jurisdiction and scope of the chapter: PROVIDED, HOWEVER,
That if the city council or other proper legislative body shall
make an appropriation for the support of said commission
equal to or more than the said continuing appropriation in any
year, this section shall not be operative for said year but otherwise shall be in full force and effect. [1937 c 13 § 22; RRS
§ 9558a-22.]
Chapter 41.14 RCW
CIVIL SERVICE FOR SHERIFF'S OFFICE
Chapter 41.14
Sections
41.14.010
41.14.020
41.14.030
41.14.040
41.14.050
41.14.060
41.14.065
41.14.070
41.14.080
41.12.210
41.12.210 Penalty—Jurisdiction. Any person who
shall wilfully violate any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one
hundred dollars and by imprisonment in the county jail for
not longer than thirty days, or by both such fine and imprisonment. The court of original and unlimited jurisdiction in
civil suits shall have jurisdiction of all such offenses defined
by this chapter. [1937 c 13 § 23; RRS § 9558a-23.]
41.12.220
41.12.220 Definitions. As used in this chapter, the following mentioned terms shall have the following described
meanings:
The term "commission" means the civil service commission herein created, and the term "commissioner" means any
one of the three commissioners of that commission.
The term "appointing power" includes every person or
group of persons who, acting singly or in conjunction, as a
mayor, city manager, council, common council, commission,
or otherwise, is or are, invested by law with power and
authority to select, appoint, or employ any person to hold any
office, place, position or employment subject to civil service.
The term "appointment" includes all means of selection,
appointing or employing any person to hold any office, place,
position or employment subject to civil service.
The term "city" includes all cities, towns and municipalities having a full paid police department.
The term "full paid police department" means that the
officers and policemen employed in such are paid regularly
by the city and devote their whole time to police duty: PROVIDED, "full paid police department" whenever used in this
chapter shall also mean "full paid policemen". [1937 c 13 §
24; RRS § 9558a-24.]
41.12.900
41.12.900 Severability—1937 c 13. If any section, subsection, subdivision, sentence, clause or phrase of this chapter, shall for any reason be held to be unconstitutional, such
decision shall not affect the validity of the remaining portions
of this chapter. [1937 c 13 § 25; RRS § 9558a-25.]
41.12.910
41.12.910 Repeal. All acts and parts of acts in conflict
with the provisions of this chapter are hereby repealed insofar
as they conflict with the provisions of this chapter. [1937 c
13 § 26; RRS § 9558a-26.]
(2004 Ed.)
41.14.020
41.14.090
41.14.100
41.14.110
41.14.120
41.14.130
41.14.140
41.14.150
41.14.160
41.14.170
41.14.180
41.14.190
41.14.200
41.14.210
41.14.220
41.14.250
41.14.260
41.14.270
41.14.280
41.14.290
41.14.900
Declaration of purpose.
Terms defined.
Civil service commission—Appointment, terms, qualifications, compensation, etc.
Combined system authorized in counties with populations of
less than forty thousand.
Commission—Organization, meetings—Chief examiner,
qualifications, duties.
Powers and duties of commission.
Delegation of powers and duties of commission in county with
a population of one million or more.
Classified and unclassified service designated—Procedures.
Classified service—Appointment, promotion, transfer, suspension, discharge.
Status of existing employees in classified service.
Qualifications of applicants for position.
Tenure—Grounds for deprivation.
Removal, suspension, demotion, or discharge—Procedure—
Appeal.
Filling vacancies in classified service—Eligibility list—Probation.
Power to fill positions—Consent of county commissioners—
Salaries and compensation.
Procedure for payment of compensation—Refusal to pay.
Leaves of absence.
Actions to enforce chapter—Duties of prosecuting attorneys.
Prohibited acts relating to registration, examination, certification—Discrimination prohibited.
Political activities regulated.
Cooperation and aid by other county officers and employees.
Funds for commission in counties with populations of two
hundred ten thousand or more—County budget—Surplus.
Penalty—Jurisdiction.
City contracts to obtain sheriff's office law enforcement services—Transfer of police department employees.
City contracts to obtain sheriff's office law enforcement services—Transfer of police department employees into county
civil service for sheriff's office—Seniority for employment.
City contracts to obtain sheriff's office law enforcement services—Lay offs—Notice—Time limitation for transfers.
City contracts to obtain sheriff's office law enforcement services—Rules and regulations.
Appointment of classified employee to exempt position—
Return to regular position.
Severability—1959 c 1.
41.14.010
41.14.010 Declaration of purpose. The general purpose of this chapter is to establish a merit system of employment for county deputy sheriffs and other employees of the
office of county sheriff, thereby raising the standards and
efficiency of such offices and law enforcement in general.
[1987 c 251 § 1; 1985 c 429 § 3; 1959 c 1 § 1 (Initiative Measure No. 23, approved November 4, 1958).]
41.14.020
41.14.020 Terms defined. Definition of terms:
(1) "Commission" means the civil service commission,
or combined county civil service commission, herein created,
and "commissioner" means any one of the three members of
any such commission;
(2) "Appointing power" means the county sheriff who is
invested by law with power and authority to select, appoint,
or employ any deputy, deputies or other necessary employees
subject to civil service;
(3) "Appointment" includes all means of selecting,
appointing, or employing any person to any office, place,
position, or employment subject to civil service;
(4) "County" means any county of the state, or any counties combined pursuant to RCW 41.14.040 for the purpose of
carrying out the provisions of this chapter;
[Title 41 RCW—page 71]
41.14.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
(5) "Deputy sheriff or other members of the office of
county sheriff" means all persons regularly employed in the
office of county sheriff either on a part time or full time basis.
[1959 c 1 § 2 (Initiative Measure No. 23, approved November
4, 1958).]
41.14.030
41.14.030 Civil service commission—Appointment,
terms, qualifications, compensation, etc. There is created
in each county and in each combination of counties, combined pursuant to RCW 41.14.040 to carry out the provisions
of this chapter, a civil service commission which shall be
composed of three persons. The commission members shall
be appointed by the board of county commissioners, or
boards of county commissioners of each combination of
counties, within sixty days after December 4, 1958. No person shall be appointed to the commission who is not a citizen
of the United States, a resident of the county, or one of the
counties combined, for at least two years immediately preceding his appointment, and an elector of the county wherein
he resides. The term of office of the commissioners shall be
six years, except that the first three members of the commission shall be appointed for different terms, as follows: One to
serve for a period of two years, one to serve for a period of
four years, and one to serve for a period of six years. Any
member of the commission may be removed from office for
incompetency, incompatibility, or dereliction of duty, or malfeasance in office, or other good cause: PROVIDED, That no
member of the commission shall be removed until charges
have been preferred, in writing, due notice, and a full hearing
had. Any vacancy in the commission shall be filled by the
county commissioners for the unexpired term. Two members
of the commission shall constitute a quorum and the votes of
any two members concurring shall be sufficient for the decision of all matters and the transaction of all business to be
decided or transacted by the commission. Confirmation of the
appointment of commissioners by any legislative body shall
not be required. At the time of appointment not more than
two commissioners shall be adherents of the same political
party. No member after appointment shall hold any salaried
public office or engage in county employment, other than his
commission duties. The members of the commission shall
serve without compensation. [1959 c 1 § 3 (Initiative Measure No. 23, approved November 4, 1958).]
41.14.040
41.14.040 Combined system authorized in counties
with populations of less than forty thousand. Any counties
with populations of less than forty thousand, whether contiguous or not, are authorized to establish and operate a combined civil service system to serve all counties so combined.
The combination of any such counties shall be effective
whenever each board of county commissioners of the counties involved adopts a resolution declaring intention to participate in the operation of a combined county civil service system in accordance with agreements made between any such
counties. Any such combined county civil service commission shall serve the employees of each county sheriff's office
impartially and according to need.
All matters affecting the combined civil service commission, including the selection of commissioners, shall be
[Title 41 RCW—page 72]
decided by majority vote of all the county commissioners of
the counties involved.
All the provisions of this chapter shall apply equally to
any such combined civil service system. [1991 c 363 § 114;
1959 c 1 § 4 (Initiative Measure No. 23, approved November
4, 1958).]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
41.14.050
41.14.050 Commission—Organization, meetings—
Chief examiner, qualifications, duties. Immediately after
appointment the commission shall organize by electing one
of its members chairman and shall hold regular meetings at
least once a month, and such additional meetings as may be
required for the proper discharge of its duties.
It shall appoint a chief examiner who shall also serve as
secretary of the commission and such assistants as may be
necessary. The chief examiner shall keep the records for the
commission, preserve all reports made to it, superintend and
keep a record of all examinations held under its direction, and
perform such other duties as the commission may prescribe.
The chief examiner shall be appointed as a result of competitive examination, which examination must be open to all
properly qualified citizens of the county: PROVIDED, That
no appointee of the commission, either as chief examiner or
as an assistant to the chief examiner, shall be an employee of
the sheriff's department. The chief examiner may be subject
to suspension, reduction, or discharge in the same manner
and subject to the same limitations as are provided in the case
of members of the classified service. [1979 ex.s. c 153 § 1;
1959 c 1 § 5 (Initiative Measure No. 23, approved November
4, 1958).]
41.14.060 Powers and duties of commission. It shall
be the duty of the civil service commission:
(1) To make suitable rules and regulations not inconsistent with the provisions hereof. Such rules and regulations
shall provide in detail the manner in which examinations may
be held, and appointments, promotions, reallocations, transfers, reinstatements, demotions, suspensions, and discharges
shall be made, and may also provide for any other matters
connected with the general subject of personnel administration, and which may be considered desirable to further carry
out the general purposes of this chapter, or which may be
found to be in the interest of good personnel administration.
The rules and regulations and any amendments thereof shall
be printed, mimeographed, or multigraphed for free public
distribution. Such rules and regulations may be changed from
time to time.
(2) To give practical tests which shall consist only of
subjects which will fairly determine the capacity of persons
examined to perform duties of the position to which appointment is to be made. Such tests may include tests of physical
fitness or manual skill or both.
(3) To make investigations concerning and report upon
all matters touching the enforcement and effect of the provisions of this chapter, and the rules and regulations prescribed
hereunder; to inspect all departments, offices, places, positions, and employments affected by this chapter, and ascertain whether this chapter and all such rules and regulations
are being obeyed. Such investigations may be made by the
41.14.060
(2004 Ed.)
Civil Service for Sheriff’s Office
commission or by any commissioner designated by the commission for that purpose. Not only must these investigations
be made by the commission as aforesaid, but the commission
must make like investigation on petition of a citizen, duly
verified, stating that irregularities or abuses exist, or setting
forth in concise language, in writing, the necessity for such
investigation. In the course of such investigation the commission or designated commissioner, or chief examiner, may
administer oaths, subpoena and require the attendance of witnesses and the production by them of books, papers, documents, and accounts appertaining to the investigation and
also cause the deposition of witnesses residing within or
without the state to be taken in the manner prescribed by law
for like depositions in civil actions in the superior court; and
the oaths administered and the subpoenas issued hereunder
shall have the same force and effect as the oaths administered
and subpoenas issued by a superior court judge in his judicial
capacity; and the failure of any person so subpoenaed to comply with the provisions of this section shall be deemed a violation of this chapter, and punishable as such.
(4) To conduct hearings and investigations in accordance
with this chapter and by the rules of practice and procedure
adopted by the commission, and in the conduct thereof neither the commission, nor designated commissioner shall be
bound by technical rules of evidence. No informality in any
proceedings or hearing, or in the manner of taking testimony
before the commission or designated commissioner, shall
invalidate any order, decision, rule, or regulation made,
approved, or confirmed by the commission: PROVIDED,
That no order, decision, rule, or regulation made by any designated commissioner conducting any hearing or investigation alone shall be of any force or effect whatsoever unless
and until concurred in by at least one of the other two members.
(5) To hear and determine appeals or complaints respecting the allocation of positions, the rejection of an examinee,
and such other matters as may be referred to the commission.
(6) To provide for, formulate, and hold competitive tests
to determine the relative qualifications of persons who seek
employment in any class or position and as a result thereof
establish eligible lists for the various classes of positions, and
provide that persons laid off, or who have accepted voluntary
demotion in lieu of layoff, because of curtailment of expenditures, reduction in force, and for like causes, head the list in
the order of their seniority, to the end that they shall be the
first to be reemployed or reinstated in their former job class.
(7) To certify to the appointing authority, when a vacant
position is to be filled, on written request, the names of the
three persons highest on the eligible list for the class. If there
is no such list, to authorize a provisional or temporary
appointment list for such class. A temporary appointment
expires after four months. However, the appointing authority
may extend the temporary appointment beyond the fourmonth period up to one year if the commission continues to
advertise and test for the position. If, after one year from the
date the initial temporary appointment was first made, there
are less than three persons on the eligible list for the class,
then the appointing authority may fill the position with any
person or persons on the eligible list.
(8) To keep such records as may be necessary for the
proper administration of this chapter. [2001 c 232 § 1; 1979
(2004 Ed.)
41.14.070
ex.s. c 153 § 2; 1959 c 1 § 6 (Initiative Measure No. 23,
approved November 4, 1958).]
41.14.065
41.14.065 Delegation of powers and duties of commission in county with a population of one million or
more. Any county with a population of one million or more
may assign the powers and duties of the commission to such
county agencies or departments as may be designated by
charter or ordinance: PROVIDED, That the powers and
duties of the commission under RCW 41.14.120 shall not be
assigned to any other body but shall continue to be vested in
the commission, which shall exist to perform such powers
and duties, together with such other adjudicative functions as
may be designated by charter or ordinance. [1991 c 363 §
115; 1987 c 251 § 2.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
41.14.070
41.14.070 Classified and unclassified service designated—Procedures. (1) The classified civil service and provisions of this chapter shall include all deputy sheriffs and
other employees of the office of sheriff in each county except
the county sheriff in every county and an additional number
of positions, designated the unclassified service, determined
as follows:
Staff Personnel
1 through 10
11 through 20
21 through 50
51 through 100
101 through 250
251 through 500
501 and over
Unclassified
Position Appointments
2
3
4
5
6
8
10
(2) The unclassified position appointments authorized by
this section must include selections from the following positions up to the limit of the number of positions authorized:
Undersheriff, inspector, chief criminal deputy, chief civil
deputy, jail superintendent, and administrative assistant or
administrative secretary. The initial selection of specific
positions to be exempt shall be made by the sheriff, who shall
notify the civil service commission of his or her selection.
Subsequent changes in the designation of which positions are
to be exempt may be made only with the concurrence of the
sheriff and the civil service commission, and then only after
the civil service commission has heard the issue in open
meeting. Should the position or positions initially selected by
the sheriff to be exempt (unclassified) pursuant to this section
be under the classified civil service at the time of such selection, and should it (or they) be occupied, the employee(s)
occupying said position(s) shall have the right to return to the
next highest position or a like position under classified civil
service.
(3) In counties with a sheriff's department that operates
the 911 emergency communications system, in addition to
the unclassified positions authorized in subsections (1), (2),
and (4) of this section, the sheriff may designate one unclas[Title 41 RCW—page 73]
41.14.080
Title 41 RCW: Public Employment, Civil Service, and Pensions
sified position for the 911 emergency communications system.
(4) In addition to the unclassified positions authorized in
this section, the county legislative authority of any county
with a population of five hundred thousand or more operating
under a home rule charter may designate unclassified positions of administrative responsibility not to exceed twenty
positions. [2001 c 151 § 1; 1997 c 62 § 1; 1991 c 363 § 116;
1979 ex.s. c 153 § 3; 1975 1st ex.s. c 186 § 1; 1959 c 1 § 7
(Initiative Measure No. 23, approved November 4, 1958).]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
41.14.080
41.14.080 Classified service—Appointment, promotion, transfer, suspension, discharge. All appointments to
and promotions to positions in the classified civil service of
the office of county sheriff shall be made solely on merit,
efficiency, and fitness, which shall be ascertained by open
competitive examination and impartial investigation: PROVIDED, That before June 30, 1981, employees in an existing
county personnel system may be transferred to newly created
and classified positions within such county's sheriff's office,
in order to permanently transfer the functions of these positions, without meeting the open competitive examination
requirements of this section if the transfer is approved by the
civil service commission created in RCW 41.14.030. No person in the classified civil service shall be reinstated in or
transferred, suspended, or discharged from any such place,
position, or employment contrary to the provisions of this
chapter. [1980 c 108 § 1; 1959 c 1 § 8 (Initiative Measure
No. 23, approved November 4, 1958).]
41.14.090
41.14.090 Status of existing employees in classified
service. For the benefit of the public service and to prevent
delay, injury, or interruption therein by reason of the enactment hereof, all persons holding a position which is deemed
classified by RCW 41.14.070 for a continuous period of six
months prior to December 4, 1958, are eligible for permanent
appointment under civil service to the offices, places, positions, or employments which they then held without examination or other act on their part, and not on probation; and
every such person is automatically adopted and inducted permanently into civil service, into the office, place, position, or
employment which he then held as completely and effectually to all intents and purposes as if such person had been permanently appointed thereto under civil service after examination and investigation. [1959 c 1 § 9 (Initiative Measure No.
23, approved November 4, 1958).]
41.14.100
41.14.100 Qualifications of applicants for position.
An applicant for a position of any kind under civil service,
must be a citizen of the United States who can read and write
the English language. [1963 c 95 § 3; 1959 c 1 § 10 (Initiative Measure No. 23, approved November 4, 1958).]
41.14.110
41.14.110 Tenure—Grounds for deprivation. The
tenure of every person holding an office, place, position, or
employment under the provisions of this chapter shall be only
during good behavior, and any such person may be removed
or discharged, suspended without pay, demoted, or reduced
[Title 41 RCW—page 74]
in rank, or deprived of vacation privileges or other special
privileges for any of the following reasons:
(1) Incompetency, inefficiency, or inattention to, or dereliction of duty;
(2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow
employee, or any other act of omission or commission tending to injure the public service; or any other wilful failure on
the part of the employee to properly conduct himself; or any
wilful violation of the provisions of this chapter or the rules
and regulations to be adopted hereunder;
(3) Mental or physical unfitness for the position which
the employee holds;
(4) Dishonest, disgraceful, or prejudicial conduct;
(5) Drunkenness or use of intoxicating liquors, narcotics,
or any other habit forming drug, liquid, or preparation to such
extent that the use thereof interferes with the efficiency or
mental or physical fitness of the employee, or which precludes the employee from properly performing the function
and duties of any position under civil service;
(6) Conviction of a felony, or a misdemeanor involving
moral turpitude;
(7) Any other act or failure to act which in the judgment
of the civil service commission is sufficient to show the
offender to be an unsuitable and unfit person to be employed
in the public service. [1959 c 1 § 11 (Initiative Measure No.
23, approved November 4, 1958).]
41.14.120
41.14.120 Removal, suspension, demotion, or discharge—Procedure—Appeal. No person in the classified
civil service who has been permanently appointed or
inducted into civil service under provisions of this chapter,
shall be removed, suspended, demoted, or discharged except
for cause, and only upon written accusation of the appointing
power or any citizen or taxpayer; a written statement of
which accusation, in general terms, shall be served upon the
accused, and a duplicate filed with the commission. Any person so removed, suspended, discharged, or demoted may
within ten days from the time of his removal, suspension, discharge, or demotion file with the commission a written
demand for an investigation, whereupon the commission
shall conduct such investigation. Upon receipt of the written
demand for an investigation, the commission shall within ten
days set a date for a public hearing which will be held within
thirty days from the date of receipt. The investigation shall be
confined to the determination of the question of whether the
removal, suspension, demotion, or discharge was made in
good faith for cause. After such investigation the commission
shall render a written decision within ten days and may affirm
the removal, suspension, demotion, or discharge, or if it finds
that removal, suspension, demotion, or discharge was not
made in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office,
place, position, or employment from which he was removed,
suspended, demoted, or discharged, which reinstatement
shall, if the commission so provides, be retroactive, and entitle such person to pay or compensation from the time of the
removal, suspension, demotion, or discharge. The commission upon such investigation, in lieu of affirming a removal,
suspension, demotion, or discharge, may modify the order by
directing the removal, suspension, demotion, or discharge
(2004 Ed.)
Civil Service for Sheriff’s Office
without pay, for a given period, and subsequent restoration to
duty, or demotion in classification, grade, or pay. The findings of the commission shall be certified, in writing to the
appointing power, and shall be forthwith enforced by such
officer.
All investigations made by the commission pursuant to
this section shall be by public hearing, after reasonable notice
to the accused of the time and place thereof, at which hearing
the accused shall be afforded an opportunity of appearing in
person and by counsel, and presenting his defense. If order of
removal, suspension, demotion, or discharge is concurred in
by the commission or a majority thereof, the accused may
appeal therefrom to the superior court of the county wherein
he resides. Such appeal shall be taken by serving the commission, within thirty days after the entry of its order, a written
notice of appeal, stating the grounds thereof, and demanding
that a certified transcript of the record and of all papers on file
in the office of the commission affecting or relating to its
order, be filed by the commission with the court. The commission shall, within ten days after the filing of the notice,
make, certify, and file such transcript with the court. The
court shall thereupon proceed to hear and determine the
appeal in a summary manner. Such hearing shall be confined
to the determination of whether the order of removal, suspension, demotion, or discharge made by the commission, was or
was not made in good faith for cause, and no appeal shall be
taken except upon such ground or grounds. The decision of
the superior court may be appealed to the supreme court or
the court of appeals. [1984 c 199 § 1; 1982 c 133 § 1; 1971 c
81 § 102; 1959 c 1 § 12 (Initiative Measure No. 23, approved
November 4, 1958).]
41.14.130
41.14.130 Filling vacancies in classified service—Eligibility list—Probation. Whenever a position in the classified service becomes vacant, the appointing power, if it
desires to fill the vacancy, shall requisition the commission
for the names and addresses of persons eligible for appointment thereto. Before a requisition can be made, the appointing authority shall give employees of the appointing authority
who are in layoff status or who have been notified of an
intended layoff an opportunity to qualify for any class within
the office of the appointing authority. The commission shall
certify the names of the three persons highest on the eligible
list for the class to which the vacant position has been allocated, who are willing to accept employment. If there is no
appropriate eligible list for the class, the commission shall
certify the names of the three persons standing highest on the
list held appropriate for such class. If more than one vacancy
is to be filled an additional name shall be certified for each
additional vacancy. The appointing power shall forthwith
appoint a person from those certified to the vacant position.
To enable the appointing power to exercise a greater
degree of choice in the filling of positions, no appointment,
employment, or promotion in any position in the classified
service shall be deemed complete until after the expiration of
a period of one year's probationary service, as may be provided in the rules of the civil service commission, during
which the appointing power may terminate the employment
of the person appointed, if during the performance test thus
afforded, upon observation or consideration of the performance of duty, the appointing power deems such person unfit
(2004 Ed.)
41.14.170
or unsatisfactory for service in the office of county sheriff.
Thereupon the appointing power shall again requisition the
commission for the names and addresses of persons eligible
for appointment in the manner provided by this section and
the person appointed in the manner provided by this section
shall likewise enter upon said duties for the probationary
period, until some person is found who is deemed fit for
appointment, employment, or promotion whereupon the
appointment, employment, or promotion shall be deemed
complete. [1984 c 199 § 2; 1979 ex.s. c 153 § 4; 1959 c 1 §
13 (Initiative Measure No. 23, approved November 4, 1958).]
41.14.140
41.14.140 Power to fill positions—Consent of county
commissioners—Salaries and compensation. All offices,
places, positions, and employments coming within the purview of this chapter, shall be filled by the appointing power
with the consent of the board of county commissioners, and
nothing herein contained shall infringe upon such authority
that an appointing power may have to fix the salaries and
compensation of all employees employed hereunder. [1959 c
1 § 14 (Initiative Measure No. 23, approved November 4,
1958).]
41.14.150
41.14.150 Procedure for payment of compensation—
Refusal to pay. No treasurer, auditor or other officer, or
employee of any county subject to this chapter shall approve
the payment of or be in any manner concerned in paying,
auditing, or approving any salary, wage, or other compensation for services, to any person subject to the jurisdiction and
scope of this chapter, unless a payroll, estimate, or account
for such salary, wage, or other compensation, containing the
names of the persons to be paid, the amount to be paid to each
such person, the services on account of which same is paid,
and any other information which, in the judgment of the civil
service commission, should be furnished on such payroll,
bears the certificate of the civil service commission, or of its
chief examiner or other duly authorized agent, that the persons named therein have been appointed or employed in
compliance with the terms of this chapter and the rules of the
commission, and that the payroll, estimate, or account is,
insofar as known to the commission, a true and accurate
statement. The commission shall refuse to certify the pay of
any public officer or employee whom it finds to be illegally
or improperly appointed, and may further refuse to certify the
pay of any public officer or employee who wilfully or
through culpable negligence, violates or fails to comply with
this chapter or with the rules of the commission. [1959 c 1 §
15 (Initiative Measure No. 23, approved November 4, 1958).]
41.14.160
41.14.160 Leaves of absence. Leave of absence, without pay, may be granted by any appointing power to any person under civil service: PROVIDED, That such appointing
power gives notice of the leave to the commission. All temporary employment caused by leaves of absence shall be
made from the eligible list of the classified civil service.
[1959 c 1 § 16 (Initiative Measure No. 23, approved November 4, 1958).]
41.14.170
41.14.170 Actions to enforce chapter—Duties of
prosecuting attorneys. The commission shall begin and
[Title 41 RCW—page 75]
41.14.180
Title 41 RCW: Public Employment, Civil Service, and Pensions
conduct all civil suits which may be necessary for the proper
enforcement of this chapter and rules of the commission. The
commission shall be represented in such suits by the prosecuting attorney of the county. In the case of combined counties any one or more of the prosecuting attorneys of each
county so combined may be selected by the commission to
represent it. [1959 c 1 § 17 (Initiative Measure No. 23,
approved November 4, 1958).]
41.14.180
41.14.180 Prohibited acts relating to registration,
examination, certification—Discrimination prohibited.
No commissioner or any other person, shall, by himself or in
cooperation with others, defeat, deceive, or obstruct any person in respect of his right of examination or registration
according to the rules and regulations, or falsely mark, grade,
estimate, or report upon the examination or proper standing
of any person examined, registered, or certified pursuant to
this chapter, or aid in so doing, or make any false representation concerning the same, or concerning the person examined, or furnish any person any special or secret information
for the purpose of improving or injuring the prospects or
chances of any person so examined, registered or certified, or
to be examined, registered, or certified, or persuade any other
person, or permit or aid in any manner any other person to
personate him, in connection with any examination or registration of application or request to be examined or registered.
The right of any person to an appointment or promotion
to any position in a sheriff's office shall not be withheld
because of his race, color, creed, national origin, political
affiliation or belief, nor shall any person be dismissed,
demoted, or reduced in grade for such reason. [1959 c 1 § 18
(Initiative Measure No. 23, approved November 4, 1958).]
testify, whenever required so to do by the commission or any
commissioner. [1959 c 1 § 20 (Initiative Measure No. 23,
approved November 4, 1958).]
41.14.210
41.14.210 Funds for commission in counties with
populations of two hundred ten thousand or more—
County budget—Surplus. The county legislative authority
or [of] each county with a population of two hundred ten
thousand or more may provide in the county budget for each
fiscal year a sum equal to one percent of the preceding year's
total payroll of those included under the jurisdiction and
scope of this chapter. The funds so provided shall be used for
the support of the commission. Any part of the funds so provided and not expended for the support of the commission
during the fiscal year shall be placed in the general fund of
the county, or counties according to the ratio of contribution,
on the first day of January following the close of such fiscal
year. [1991 c 363 § 117; 1971 ex.s. c 214 § 3; 1959 c 1 § 21
(Initiative Measure No. 23, approved November 4, 1958).]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
41.14.220
41.14.220 Penalty—Jurisdiction. Any person who
wilfully violates any of the provisions of this chapter shall be
guilty of a misdemeanor, and upon conviction thereof, shall
be punished by a fine of not more than one hundred dollars
and by imprisonment in the county jail for not longer than
thirty days or by both such fine and imprisonment. The superior court shall have jurisdiction of all such offenses. [1959 c
1 § 22 (Initiative Measure No. 23, approved November 4,
1958).]
41.14.250
41.14.190
41.14.190 Political activities regulated. No person
holding any office, place, position, or employment subject to
civil service, shall contribute to any political fund or render
any political service to any person or party whatsoever, and
no person shall be removed, reduced in grade or salary, or
otherwise prejudiced for refusing so to do. No public officer,
whether elected or appointed, shall discharge, promote,
demote, or in any manner change the official rank, employment, or compensation of any person under civil service or
promise or threaten so to do for giving or withholding, or
neglecting to make any contribution of money, or service, or
any other valuable thing, for any political purpose. [1959 c 1
§ 19 (Initiative Measure No. 23, approved November 4,
1958).]
41.14.250 City contracts to obtain sheriff's office law
enforcement services—Transfer of police department
employees. When any city or town shall contract with the
county sheriff's office to obtain law enforcement services to
the city or town, any employee of the police department of
such city or town who (1) was at the time such contract was
entered into employed exclusively or principally in performing the powers, duties, and functions which are to be performed by the county sheriff's office under such contract (2)
will, as a direct consequence of such contract, be separated
from the employ of the city or town, and (3) meets the minimum standards and qualifications of the county sheriff's
office, then such employee may transfer his employment to
the county sheriff's office as provided for in RCW 41.14.260
and 41.14.270. [1972 ex.s. c 48 § 1.]
Political activities of public employees: RCW 41.06.250.
41.14.260
41.14.200
41.14.200 Cooperation and aid by other county officers and employees. All officers and employees of each
county shall aid in all proper ways in carrying out the provisions of this chapter, and such rules and regulations as may,
from time to time, be prescribed by the commission and
afford the commission, its members, and employees, all reasonable facilities and assistance in the inspection of books,
papers, documents, and accounts applying or in any way
appertaining to any and all offices, places, positions, and
employments, subject to civil service, and also shall produce
such books, papers, documents, and accounts, and attend and
[Title 41 RCW—page 76]
41.14.260 City contracts to obtain sheriff's office law
enforcement services—Transfer of police department
employees into county civil service for sheriff's office—
Seniority for employment. (1) An eligible employee may
transfer into the county civil service system for the sheriff's
office by filing a written request with the county civil service
commission and by giving written notice thereof to the legislative authority of the city or town. Upon receipt of such
request by the civil service commission the transfer of
employment shall be made. The employee so transferring
will (1) be on probation for the same period as are new
employees of the sheriff's office, (2) be eligible for promotion
(2004 Ed.)
Firemen’s Relief and Pensions—1947 Act
after completion of the probationary period as completed, (3)
receive a salary at least equal to that of other new employees
of the sheriff's office, and (4) in all other matters, such as
retirement, vacation, etc., have, within the county civil service system, all the rights, benefits, and privileges that he
would have been entitled to had he been a member of the
county sheriff's office from the beginning of his employment
with the city or town police department. The city or town
shall, upon receipt of such notice, transmit to the county civil
service commission a record of the employee's service with
the city or town which shall be credited to such member as a
part of his period of employment in the county sheriff's
office. The sheriff may appoint the transferring employee to
whatever duties he feels are in the best interest of the department and the individual.
(2) If in the process of contracting for law enforcement
services economies or efficiencies are achieved or if the city
or town intends by such contract to curtail expenditures and
the level of services to the city or town, then only so many of
the transferring employees shall be placed upon the payroll of
the sheriff's office as the sheriff determines are needed to provide the contracted services. These needed employees shall
be taken in order of seniority and the remaining employees
who transfer as provided in RCW 41.14.250, 41.14.260, and
41.14.270 shall head the list of their respective class or job
listing in the civil service system in order of their seniority, to
the end that they shall be the first to be reemployed in the
county sheriff's office when appropriate positions become
available. [1972 ex.s. c 48 § 2.]
41.14.270
41.14.270 City contracts to obtain sheriff's office law
enforcement services—Lay offs—Notice—Time limitation for transfers. When a city or town shall contract with
the county sheriff's office for law enforcement services and
as a result thereof lays off any employee who is eligible to
transfer to the county sheriff's office pursuant to RCW
41.14.250 and 41.14.260, the city or town shall notify such
employee of his right to so transfer and such employee shall
have ninety days to transfer his employment to the county
sheriff's office: PROVIDED, That any employee layed off
during the year prior to February 21, 1972 shall have ninety
days after the effective date to transfer his employment.
[1972 ex.s. c 48 § 3.]
41.14.280
41.14.280 City contracts to obtain sheriff's office law
enforcement services—Rules and regulations. In addition
to its other duties prescribed by law, the civil service commission shall make such rules and regulations as may be necessary to provide for the orderly integration of employees of
a city or town who shall transfer to the county sheriff's office
pursuant to RCW 41.14.250, 41.14.260, and 41.14.270.
[1972 ex.s. c 48 § 4.]
41.16.010
Such employee must apply to return to classified service
within thirty calendar days of:
(1) Termination of employment in such exempt position;
or
(2) Termination of employment in any other exempt
position in which the employee subsequently serves provided
there was no break in service with the county of more than
thirty calendar days. [1979 ex.s. c 153 § 5.]
41.14.900 Severability—1959 c 1. If any section, sentence, clause, or phrase of this chapter should be held to be
invalid or unconstitutional, the validity or constitutionality
thereof shall not affect the validity or constitutionality of any
other section, sentence, clause, or phrase of this chapter.
[1959 c 1 § 23 (Initiative Measure No. 23, approved November 4, 1958).]
41.14.900
Chapter 41.16 RCW
FIREMEN'S RELIEF AND PENSIONS—1947 ACT
Chapter 41.16
Sections
41.16.010
41.16.020
41.16.030
41.16.040
41.16.050
41.16.060
41.16.070
41.16.080
41.16.090
41.16.100
41.16.110
41.16.120
41.16.130
41.16.140
41.16.145
41.16.150
41.16.160
41.16.170
41.16.180
41.16.190
41.16.200
41.16.210
41.16.220
41.16.230
41.16.240
41.16.250
41.16.260
41.16.900
41.16.910
41.16.911
41.16.920
41.16.921
Terms defined.
Pension board created—Members—Terms—Vacancies—
Officers—Quorum.
Meetings.
Powers and duties.
Firemen's pension fund—How constituted.
Tax levy for fund.
Contributions by firemen.
Retirement for service.
Limit of pension.
Payment on death of retired fireman.
Payment on death of eligible pensioner before retirement.
Payment on death in line of duty.
Payment upon disablement in line of duty.
Payment upon disablement not in line of duty.
Annual increase in benefits payable on retirement for service,
death in line of duty, and disability—Appeals.
Payment on separation from service.
Payment on death not in line of duty.
Payment on death of fireman with no dependents.
Funeral expense.
Waiting period—Disability retirement.
Examination of disability pensioners—Restoration to duty.
Transfer of assets to new fund—Assumption of obligations.
Credit for military service.
Repeal does not affect accrued rights.
Application of chapter to fire protection districts.
Retirement and job security rights preserved upon annexation,
etc., of district.
Transfer of credit from city employees' retirement system to
firemen's pension system.
Severability—1947 c 91.
Severability—1959 c 5.
Severability—1975 1st ex.s. c 178.
Construction—1959 c 5—Benefits retroactively authorized.
Construction—1975 1st ex.s. c 178, RCW 41.16.145.
Prior acts relating to firemen's relief and pensions: 1935 c 39; 1929
c 86; 1919 c 196; 1909 c 50 were repealed by 1947 c 91 § 12 (codified herein
as RCW 41.16.230).
Firemen's relief and pensions—1955 act: Chapter 41.18 RCW.
Rights of fireman injured outside corporate limits of municipality: RCW
35.84.050.
Volunteer fire fighters' relief and pensions: Chapter 41.24 RCW.
41.14.290
41.14.290 Appointment of classified employee to
exempt position—Return to regular position. Any classified employee having civil service status in a position may
take an appointment in an exempt position in the same county
and maintain the right to return to his or her regular position
or to a like position at the conclusion of such appointment.
(2004 Ed.)
41.16.010
41.16.010 Terms defined. For the purpose of this chapter, unless clearly indicated by the context, words and phrases
shall have the following meaning:
(1) "Beneficiary" shall mean any person or persons designated by a fireman in a writing filed with the board, and
[Title 41 RCW—page 77]
41.16.020
Title 41 RCW: Public Employment, Civil Service, and Pensions
who shall be entitled to receive any benefits of a deceased
fireman under this chapter.
(2) "Board" shall mean the municipal firemen's pension
board.
(3) "Child or children" shall mean a child or children
unmarried and under eighteen years of age.
(4) "Contributions" shall mean and include all sums
deducted from the salary of firemen and paid into the fund as
hereinafter provided.
(5) "Disability" shall mean and include injuries or sickness sustained as a result of the performance of duty.
(6) "Fireman" or "fire fighter" shall mean any person
regularly or temporarily, or as a substitute, employed and
paid as a member of a fire department, who has passed a civil
service examination for fireman and who is actively
employed as a fireman; and shall include any "prior fireman."
(7) "Fire department" shall mean the regularly organized, full time, paid, and employed force of firemen of the
municipality.
(8) "Fund" shall mean the firemen's pension fund created
herein.
(9) "Municipality" shall mean every city and town having a regularly organized full time, paid, fire department
employing firemen.
(10) "Performance of duty" shall mean the performance
of work and labor regularly required of firemen and shall
include services of an emergency nature rendered while off
regular duty, but shall not include time spent in traveling to
work before answering roll call or traveling from work after
dismissal at roll call.
(11) "Prior fireman" shall mean a fireman who was
actively employed as a fireman of a fire department prior to
the first day of January, 1947, and who continues such
employment thereafter.
(12) "Retired fireman" shall mean and include a person
employed as a fireman and retired under the provisions of
chapter 50, Laws of 1909, as amended.
(13) "Widow or widower" means the surviving wife or
husband of a retired fireman who was retired on account of
length of service and who was lawfully married to such fireman; and whenever that term is used with reference to the
wife or former wife or husband or former husband of a retired
fireman who was retired because of disability, it shall mean
his or her lawfully married wife or husband on the date he or
she sustained the injury or contracted the illness that resulted
in his or her disability. Said term shall not mean or include a
surviving wife or husband who by process of law within one
year prior to the retired fireman's death, collected or
attempted to collect from him or her funds for the support of
herself or himself or for his or her children. [2003 c 30 § 1;
1973 1st ex.s. c 154 § 61; 1947 c 91 § 1; Rem. Supp. 1947 §
9578-40.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
41.16.020
41.16.020 Pension board created—Members—
Terms—Vacancies—Officers—Quorum. There is hereby
created in each city and town a municipal firemen's pension
board to consist of the following five members, ex officio, the
mayor, or in a city of the first class, the mayor or a designated
representative who shall be an elected official of the city,
[Title 41 RCW—page 78]
who shall be chairman of the board, the city comptroller or
clerk, the chairman of finance of the city council, or if there
is no chairman of finance, the city treasurer, and in addition,
two regularly employed or retired fire fighters elected by
secret ballot of those employed and retired fire fighters who
are subject to the jurisdiction of the board. The members to
be elected by the fire fighters shall be elected annually for a
two year term. The two fire fighters elected as members
shall, in turn, select a third eligible member who shall serve
as an alternate in the event of an absence of one of the regularly elected members. In case a vacancy occurs in the membership of the fire fighters or retired members, the members
shall in the same manner elect a successor to serve the unexpired term. The board may select and appoint a secretary
who may, but need not be a member of the board. In case of
absence or inability of the chairman to act, the board may
select a chairman pro tempore who shall during such absence
or inability perform the duties and exercise the powers of the
chairman. A majority of the members of the board shall constitute a quorum and have power to transact business. [2003
c 30 § 2; 1988 c 164 § 2; 1973 1st ex.s. c 19 § 1; 1961 c 255
§ 10; 1947 c 91 § 2; Rem. Supp. 1947 § 9578-41. Prior: 1935
c 39 § 1; 1919 c 196 § 3; 1909 c 50 §§ 1, 2.]
41.16.030
41.16.030 Meetings. The board shall meet at least once
quarterly, the date to be fixed by regulation of the board, at
such other regular times as may be fixed by a regulation of
the board; and at any time upon call of the chairman, of which
due advance notice shall be given the other members of the
board. [2002 c 15 § 1; 1947 c 91 § 3; Rem. Supp. 1947 §
9578-42. Prior: 1929 c 86 § 1; 1919 c 196 § 3; 1909 c 50 § 3.]
41.16.040
41.16.040 Powers and duties. The board shall have
such general powers as are vested in it by the provisions of
this chapter, and in addition thereto, the power to:
(1) Generally supervise and control the administration of
this chapter and the firemen's pension fund created hereby.
(2) Pass upon and allow or disallow all applications for
pensions or other benefits provided by this chapter.
(3) Provide for payment from said fund of necessary
expenses of maintenance and administration of said pension
system and fund.
(4) Invest the moneys of the fund in a manner consistent
with the investment policies outlined in RCW 35.39.060.
Authorized investments shall include investment grade securities issued by the United States, state, municipal corporations, other public bodies, corporate bonds, and other investments authorized by RCW 35.39.030, 35.58.510, 35.81.070,
35.82.070, 36.29.020, 39.58.020, 39.58.080, 39.58.130,
39.60.010, 39.60.020, 68.52.060, 68.52.065, and 72.19.120.
(5) Employ such agents, employees and other personnel
as the board may deem necessary for the proper administration of this chapter.
(6) Compel witnesses to appear and testify before it, in
the same manner as is or may be provided by law for the taking of depositions in the superior court. Any member of the
board may administer oaths to witnesses who testify before
the board of a nature and in a similar manner to oaths administered by superior courts of the state of Washington.
(2004 Ed.)
Firemen’s Relief and Pensions—1947 Act
(7) Issue vouchers approved by the chairman and secretary and to cause warrants therefor to be issued and paid from
said fund for the payment of claims allowed by it.
(8) Keep a record of all its proceedings, which record
shall be public; and prepare and file with the city treasurer
and city clerk or comptroller prior to the date when any payments are to be made from the fund, a list of all persons entitled to payment from the fund, stating the amount and purpose of such payment, said list to be certified to and signed by
the chairman and secretary of the board and attested under
oath.
(9) Make rules and regulations not inconsistent with this
chapter for the purpose of carrying out and effecting the
same.
(10) Appoint one or more duly licensed and practicing
physicians who shall examine and report to the board upon all
applications for relief and pension under this chapter. Such
physicians shall visit and examine all sick and disabled firemen when, in their judgment, the best interests of the relief
and pension fund require it or when ordered by the board.
They shall perform all operations on such sick and injured
firemen and render all medical aid and care necessary for the
recovery of such firemen on account of sickness or disability
received while in the performance of duty as defined in this
chapter. Such physicians shall be paid from said fund, the
amount of said fees or salary to be set and agreed upon by the
board and the physicians. No physician not regularly
appointed or specially appointed and employed, as hereinafter provided, shall receive or be entitled to any fees or compensation from said fund as attending physician to a sick or
injured fireman. If any sick or injured fireman refuses the services of the appointed physicians, or the specially appointed
and employed physician, he shall be personally liable for the
fees of any other physician employed by him. No person shall
have a right of action against the board or the municipality for
negligence of any physician employed by it. The board shall
have the power and authority to select and employ, besides
the regularly appointed physician, such other physician, surgeon or specialist for consultation with, or assistance to the
regularly appointed physician, or for the purpose of performing operations or rendering services and treatment in particular cases, as it shall deem advisable, and to pay fees for such
services from said fund. Said board shall hear and decide all
applications for such relief or pensions under this chapter,
and its decisions on such applications shall be final and conclusive and not subject to revision or reversal except by the
board. [1992 c 89 § 1; 1967 ex.s. c 91 § 1; 1947 c 91 § 4;
Rem. Supp. 1947 § 9578-43. Prior: 1929 c 86 § 1; 1919 c 196
§ 3; 1909 c 50 § 3.]
41.16.050
41.16.050 Firemen's pension fund—How constituted.
There is hereby created and established in the treasury of
each municipality a fund which shall be known and designated as the firemen's pension fund, which shall consist of:
(1) All bequests, fees, gifts, emoluments, or donations given
or paid thereto; (2) twenty-five percent of all moneys
received by the state from taxes on fire insurance premiums;
(3) taxes paid pursuant to the provisions of RCW 41.16.060;
(4) interest on the investments of the fund; and (5) contributions by fire fighters as provided for herein. The moneys
received from the tax on fire insurance premiums under the
(2004 Ed.)
41.16.060
provisions of this chapter shall be distributed in the proportion that the number of paid fire fighters in the city, town, or
fire protection district bears to the total number of paid fire
fighters throughout the state to be ascertained in the following manner: The secretary of the firemen's pension board of
each city, town, and fire protection district now or hereafter
coming under the provisions of this chapter shall within thirty
days after June 7, 1961, and on or before the fifteenth day of
January thereafter, certify to the state treasurer the number of
paid fire fighters in the fire department in such city, town, or
fire protection district. For any city or town annexed by a fire
protection district at any time before, on, or after June 9,
1994, the city or town shall continue to certify to the state
treasurer the number of paid fire fighters in the city or town
fire department immediately before annexation until all obligations against the firemen's pension fund in the city or town
have been satisfied. For the purposes of the calculation in this
section, the state treasurer shall subtract the number certified
by the annexed city or town from the number of paid fire
fighters certified by an annexing fire protection district. The
state treasurer shall on or before the first day of June of each
year deliver to the treasurer of each city, town, and fire protection district coming under the provisions of this chapter
his or her warrant, payable to each city, town, or fire protection district for the amount due such city, town or fire protection district ascertained as herein provided and the treasurer
of each such city, town, or fire protection district shall place
the amount thereof to the credit of the firemen's pension fund
of such city, town, or fire protection district. [1999 c 117 § 3;
1994 c 273 § 23; 1986 c 296 § 3; 1982 1st ex.s. c 35 § 16;
1967 c 42 § 1; 1961 c 255 § 8; 1949 c 45 § 1; 1947 c 91 § 5;
Rem. Supp. 1949 § 9578-44. Prior: 1929 c 86 § 11; 1919 c
196 § 14.]
Severability—Effective date—1986 c 296: See notes following RCW
48.14.020.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Insurance premiums taxes: RCW 48.14.020.
41.16.060
41.16.060 Tax levy for fund. It shall be the duty of the
legislative authority of each municipality, each year as a part
of its annual tax levy, to levy and place in the fund a tax of
twenty-two and one-half cents per thousand dollars of
assessed value against all the taxable property of such municipality: PROVIDED, That if a report by a qualified actuary
on the condition of the fund establishes that the whole or any
part of said dollar rate is not necessary to maintain the actuarial soundness of the fund, the levy of said twenty-two and
one-half cents per thousand dollars of assessed value may be
omitted, or the whole or any part of said dollar rate may be
levied and used for any other municipal purpose.
It shall be the duty of the legislative authority of each
municipality, each year as a part of its annual tax levy and in
addition to the city levy limit set forth in RCW 84.52.043, to
levy and place in the fund an additional tax of twenty-two and
one-half cents per thousand dollars of assessed value against
all taxable property of such municipality: PROVIDED, That
if a report by a qualified actuary establishes that all or any
part of the additional twenty-two and one-half cents per thousand dollars of assessed value levy is unnecessary to meet the
estimated demands on the fund under this chapter for the
[Title 41 RCW—page 79]
41.16.070
Title 41 RCW: Public Employment, Civil Service, and Pensions
ensuing budget year, the levy of said additional twenty-two
and one-half cents per thousand dollars of assessed value
may be omitted, or the whole or any part of such dollar rate
may be levied and used for any other municipal purpose:
PROVIDED FURTHER, That cities that have annexed to
library districts according to RCW 27.12.360 through
27.12.395 and/or fire protection districts according to RCW
52.04.061 through 52.04.081 shall not levy this additional tax
to the extent that it causes the combined levies to exceed the
statutory or constitutional limits.
The amount of a levy under this section allocated to the
pension fund may be reduced in the same proportion as the
regular property tax levy of the municipality is reduced by
chapter 84.55 RCW. [1987 c 319 § 2; 1980 c 155 § 4; 1973
1st ex.s. c 195 § 43; 1973 1st ex.s. c 195 § 144; 1970 ex.s. c
92 § 2; 1965 ex.s. c 45 § 1; 1961 c 255 § 9; 1951 c 72 § 1;
1947 c 91 § 6; Rem. Supp. 1947 § 9578-45. Prior: 1929 c 86
§ 12; 1919 c 196 § 15; 1909 c 50 § 14.]
attained the age of fifty-five years, as a member of the fire
department, shall be eligible for retirement and shall be
retired by the board upon his written request. Upon his retirement any fireman shall be paid a pension based upon the
average monthly salary drawn for the five calendar years
before retirement, the number of years of his service and a
percentage factor based upon his age on entering service, as
follows:
Entrance age at
last birthday
20 and under . . . . . . . . . . . . .
21 . . . . . . . . . . . . . . . . . . . . .
22 . . . . . . . . . . . . . . . . . . . . .
23 . . . . . . . . . . . . . . . . . . . . .
24 . . . . . . . . . . . . . . . . . . . . .
25 . . . . . . . . . . . . . . . . . . . . .
26 . . . . . . . . . . . . . . . . . . . . .
27 . . . . . . . . . . . . . . . . . . . . .
28 . . . . . . . . . . . . . . . . . . . . .
29 . . . . . . . . . . . . . . . . . . . . .
30 and over . . . . . . . . . . . . . .
Effective date—Applicability—1980 c 155: See note following RCW
84.40.030.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Effective date—Application—1970 ex.s. c 92: See note following
RCW 84.52.010.
41.16.070
41.16.070 Contributions by firemen. (1) Every fireman employed on and after January 1, 1947, shall contribute
to the fund and there shall be deducted from his pay and
placed in the fund an amount in accordance with the following table:
Salary
percentage factor
1.50%
1.55%
1.60%
1.65%
1.70%
1.75%
1.80%
1.85%
1.90%
1.95%
2.00%
Said monthly pension shall be in the amount of his average monthly salary for the five calendar years before retirement, times the number of years of service, times the applicable percentage factor. [1959 c 5 § 2; 1957 c 82 § 2. Prior:
1947 c 91 § 8, part; 1935 c 39 § 2, part; 1929 c 86 § 2, part;
1919 c 196 § 4, part; 1909 c 50 § 4, part; Rem. Supp. 1947 §
9578-47, part.]
41.16.090
Fireman whose age
at last birthday
at time of entry
of service was:
21
22
23
24
25
26
27
28
29
30
Contributions and
deductions from
salary
and under . . . . . . . . . . . . . . .
.......................
.......................
.......................
.......................
.......................
.......................
.......................
.......................
and over . . . . . . . . . . . . . . . .
5.00%
5.24%
5.50%
5.77%
6.07%
6.38%
6.72%
7.09%
7.49%
7.92%
(2) Every fireman employed prior to January 1, 1947,
and continuing active employment shall contribute to the
fund and there shall be deducted from his salary and placed in
the fund, five percent of his salary.
(3) Every fireman actively employed and eligible for
retirement and not retired shall contribute to the fund and
there shall be deducted from his salary and placed in the fund,
four percent of his salary. [1947 c 91 § 7; Rem. Supp. 1947
§ 9578-46. Prior: 1929 c 86 § 14; 1919 c 196 § 18.]
41.16.080
41.16.080 Retirement for service. Any fireman
employed in a fire department on and before the first day of
January, 1947, hereinafter in this section and RCW 41.16.090
to 41.16.190 inclusive, referred to as "fireman", and who
shall have served twenty-five or more years and having
[Title 41 RCW—page 80]
41.16.090 Limit of pension. All pensioners receiving a
pension under the provisions of this chapter as provided for in
section 12, chapter 91, Laws of 1947 and RCW 41.16.230,
shall from and after April 25, 1973 receive a minimum pension of three hundred dollars per month. [1973 1st ex.s. c 181
§ 1; 1967 ex.s. c 91 § 2; 1959 c 5 § 3; 1957 c 82 § 3. Prior:
1947 c 91 § 8, part; 1935 c 39 § 2, part; 1929 c 86 § 2, part;
1919 c 196 § 4, part; 1909 c 50 § 4, part; Rem. Supp. 1947 §
9578-47, part.]
41.16.100
41.16.100 Payment on death of retired fireman. The
widow or widower, child, children or beneficiary of any fireman retired under this chapter shall receive an amount equal
to his or her accumulated contributions to the fund, plus
earned interest thereon compounded semiannually: PROVIDED, That there shall be deducted from said sum the
amount paid to decedent in pensions and the remainder shall
be paid to his or her widow or widower, child, children or
beneficiary: PROVIDED FURTHER, That the amount paid
shall not be less than one thousand dollars. [1973 1st ex.s. c
154 § 62; 1959 c 5 § 4; 1957 c 82 § 4. Prior: 1947 c 91 § 8,
part; 1935 c 39 § 2, part; 1929 c 86 § 2, part; 1919 c 196 § 4,
part; 1909 c 50 § 4, part; Rem. Supp. 1947 § 9578-47, part.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
41.16.110
41.16.110 Payment on death of eligible pensioner
before retirement. Whenever any fireman shall die while
eligible to retirement on account of years of service, and shall
not have been retired, benefits shall be paid in accordance
with RCW 41.16.100. [1959 c 5 § 5; 1957 c 82 § 5. Prior:
(2004 Ed.)
Firemen’s Relief and Pensions—1947 Act
1947 c 91 § 8, part; 1935 c 39 § 2, part; 1929 c 86 § 2, part;
1919 c 196 § 4, part; 1909 c 50 § 4, part; Rem. Supp. 1947 §
9578-47, part.]
41.16.120
41.16.120 Payment on death in line of duty. Whenever any active fireman or fireman retired for disability shall
die as the result of an accident or other fortuitous event occurring while in the performance of his or her duty, his widow or
her widower may elect to accept a monthly pension equal to
one-half the deceased fireman's salary but in no case in
excess of one hundred fifty dollars per month, or the sum of
five thousand dollars cash. The right of election must be exercised within sixty days of the fireman's death. If not so exercised, the pension benefits shall become fixed and shall be
paid from the date of death. Such pension shall cease if, and
when, he or she remarries. If there is no widow or widower,
then such pension benefits shall be paid to his or her child or
children. [1973 1st ex.s. c 154 § 63; 1959 c 5 § 6; 1957 c 82
§ 6. Prior: 1947 c 91 § 8, part; 1935 c 39 § 2, part; 1929 c 86
§ 2, part; 1919 c 196 § 5, part; 1909 c 50 § 4, part; Rem. Supp.
1947 § 9578-47, part.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
41.16.130
41.16.130 Payment upon disablement in line of duty.
(1) Any fireman who shall become disabled as a result of the
performance of his duty or duties as defined in this chapter,
may be retired at the expiration of six months from the date of
his disability, upon his written request filed with his retirement board. The board may upon such request being filed,
consult such medical advice as it sees fit, and may have the
applicant examined by such physicians as it deems desirable.
If from the reports of such physicians the board finds the
applicant capable of performing his duties in the fire department, the board may refuse to recommend his retirement.
(2) If the board deems it for the good of the fire department or the pension fund, it may recommend the applicant's
retirement without any request therefor by him, after giving
him a thirty days notice. Upon his retirement he shall be paid
a monthly disability pension in amount equal to one-half of
his monthly salary at date of retirement, but which shall not
exceed one hundred fifty dollars a month. If he recovers from
his disability he shall thereupon be restored to active service,
with the same rank he held when he retired.
(3) If the fireman dies during disability and not as a result
thereof, RCW 41.16.160 shall apply. [1959 c 5 § 7; 1957 c 82
§ 7. Prior: 1947 c 91 § 8, part; 1935 c 39 § 3, part; 1929 c 86
§ 3, part; 1919 c 196 § 5, part; 1909 c 50 § 5, part; Rem. Supp.
1947 § 9578-47, part.]
41.16.140
41.16.140 Payment upon disablement not in line of
duty. Any fireman who has served more than fifteen years
and sustains a disability not in the performance of his or her
duty which renders him or her unable to continue his or her
service, shall within sixty days exercise his or her choice
either to receive his or her contribution to the fund, plus
earned interest compounded semiannually, or be retired and
paid a monthly pension based on the factor of his or her age
shown in RCW 41.16.080, times his or her average monthly
salary as a member of the fire department of his or her municipality at the date of his or her retirement, times the number
(2004 Ed.)
41.16.145
of years of service rendered at the time he or she sustained
such disability. If such fireman shall die leaving surviving
him a wife or surviving her a husband, or child or children,
then such wife or husband, or if he leaves no wife or she
leaves no husband, then his or her child or children shall
receive the sum of his contributions, plus accumulated compound interest, and such payment shall be reduced in the
amount of the payments made to deceased. [1973 1st ex.s. c
154 § 64; 1959 c 5 § 8; 1957 c 82 § 8. Prior: 1947 c 91 § 8,
part; 1935 c 39 § 6, part; 1929 c 86 § 7, part; 1919 c 196 § 9,
part; 1909 c 50 § 9, part; Rem. Supp. 1947 § 9578-47, part.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
41.16.145
41.16.145 Annual increase in benefits payable on
retirement for service, death in line of duty, and disability—Appeals. The amount of all benefits payable under the
provisions of RCW 41.16.080, 41.16.120, 41.16.130,
41.16.140 and 41.16.230 as now or hereafter amended, shall
be increased annually as hereafter in this section provided.
The local pension board shall meet subsequent to March 31st
but prior to June 30th of each year for the purposes of adjusting benefit allowances payable pursuant to the aforementioned sections. The local board shall determine the increase
in the consumer price index between January 1st and December 31st of the previous year and increase in dollar amount
the benefits payable subsequent to July 1st of the year in
which said board makes such determination by a dollar
amount proportionate to the increase in the consumer price
index: PROVIDED, That regardless of the change in the
consumer price index, such increase shall be at least two percent each year such adjustment is made.
Each year effective with the July payment all benefits
specified herein, shall be increased by this section. This benefit increase shall be paid monthly as part of the regular pension payment and shall be cumulative. The increased benefits
authorized by this section shall not affect any benefit payable
under the provisions of chapter 41.16 RCW in which the benefit payment is attached to a current salary of the rank held at
time of retirement. A beneficiary of benefit increases provided for pursuant to this section is hereby authorized to
appeal a decision on such increases or the failure of the local
pension board to order such increased benefits or the amount
of such benefits to the Washington law enforcement officers'
and fire fighters' system retirement board provided for in
*RCW 41.26.050.
For the purpose of this section the term
"Consumer price index" shall mean, for any calendar
year, the consumer price index for the Seattle, Washington
area as compiled by the bureau of labor statistics of the
United States department of labor. [1975-'76 2nd ex.s. c 44 §
1; 1975 1st ex.s. c 178 § 1; 1974 ex.s. c 190 § 1; 1970 ex.s. c
37 § 3; 1969 ex.s. c 209 § 38.]
*Reviser's note: RCW 41.26.050 was repealed by 1982 c 163 § 23.
Powers, duties, and functions of the Washington law enforcement officers'
and fire fighters' retirement board were transferred to the director of retirement systems by RCW 41.26.051, which has been decodified. See Table of
Disposition of Former RCW Sections, Volume 0.
Construction of RCW 41.16.145—Severability—1975 1st ex.s. c
178: See RCW 41.16.921, 41.16.911.
Construction—1970 ex.s. c 37: See note following RCW 41.18.104.
[Title 41 RCW—page 81]
41.16.150
Title 41 RCW: Public Employment, Civil Service, and Pensions
Effective date—Construction—Severability—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.16.150
41.16.150 Payment on separation from service. (1)
Any fireman who has served twenty years or more and who
shall resign or be dismissed, shall have the option of receiving all his or her contributions plus earned interest compounded semiannually, or a monthly pension in the amount
of his average monthly salary times the number of years of
service rendered, times one and one-half percent. Payment of
such pension shall commence at the time of severance from
the fire department, or at the age of fifty-five years, whichever shall be later. The fireman shall have sixty days from the
severance date to elect which option he or she will take. In the
event he or she fails to exercise his or her right of election
then he or she shall receive the amount of his or her contributions plus accrued compounded interest. In the event he or
she elects such pension, but dies before attaining the age of
fifty-five, his widow or her widower, or if he leaves no
widow or she leaves no widower, then his or her child or children shall receive only his contribution, plus accrued compounded interest. In the event he elects to take a pension and
dies after attaining the age of fifty-five, his widow or her widower, or if he leaves no widow or she leaves no widower,
then child or children shall receive his or her contributions,
plus accrued compounded interest, less the amount of pension payments made to such fireman during his or her lifetime.
(2) Any fireman who shall have served for a period of
less than twenty years, and shall resign or be dismissed, shall
be paid the amount of his or her contributions, plus accrued
compounded interest. [1973 1st ex.s. c 154 § 65; 1959 c 5 §
9; 1957 c 82 § 9. Prior: 1947 c 91 § 8, part; Rem. Supp. 1947
§ 9578-47, part.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
41.16.160 Payment on death not in line of duty.
Whenever any fireman, after four years of service, shall die
from natural causes, or from an injury not sustained in the
performance of his or her duty and for which no pension is
provided in this chapter, and who has not been retired on
account of disability, his widow or her widower, if he or she
was his wife or her husband at the time he or she was stricken
with his or her last illness, or at the time he or she received the
injuries from which he or she died; or if there is no such
widow, then his or her child or children shall be entitled to the
amount of his or her contributions, plus accrued compounded
interest, or the sum of one thousand dollars, whichever sum
shall be the greater. In case of death as above stated, before
the end of four years of service, an amount based on the proportion of the time of service to four years shall paid such
beneficiaries. [1973 1st ex.s. c 154 § 66; 1959 c 5 § 10; 1957
c 82 § 10. Prior: 1947 c 91 § 8, part; 1929 c 86 § 7, part; 1919
c 196 § 9, part; 1909 c 50 § 9, part; Rem. Supp. 1947 § 957847, part.]
41.16.160
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
41.16.170 Payment on death of fireman with no
dependents. Whenever a fireman dies leaving no widow or
widower or children, the amount of his or her accumulated
contributions, plus accrued compounded interest only, shall
be paid his or her beneficiary. [1973 1st ex.s. c 154 § 67;
1959 c 5 § 11; 1957 c 82 § 11. Prior: 1947 c 91 § 8, part; 1935
c 39 § 5; 1929 c 86 § 6, part; 1919 c 196 § 8, part; 1909 c 50
§ 8, part; Rem. Supp. 1947 § 9578-47, part.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
41.16.180
41.16.180 Funeral expense. Upon the death of any
active, disabled or retired fireman the board shall pay from
the fund the sum of two hundred dollars to assist in defraying
the funeral expenses of such fireman. [1959 c 5 § 12; 1957 c
82 § 12. Prior: 1947 c 91 § 8, part; 1935 c 39 § 10; 1929 c 86
§ 15; 1919 c 196 § 18; Rem. Supp. 1947 § 9578-47, part.]
41.16.190
41.16.190 Waiting period—Disability retirement.
No fireman disabled in the performance of duty shall receive
a pension until six months has elapsed after such disability
was sustained. Therefore, whenever the retirement board,
pursuant to examination by the board's physician and such
other evidence as it may require, shall find a fireman has been
disabled while in the performance of his duties, it shall
declare him inactive. For a period of six months from the time
he became disabled, he shall continue to draw full pay from
his municipality and in addition thereto he shall, at the
expense of the municipality, be provided with such medical,
hospital and nursing care as the retirement board deems
proper. If the board finds at the expiration of six months that
the fireman is unable to return to and perform his duties, then
he shall be retired as herein provided. [1959 c 5 § 13; 1957 c
82 § 13. Prior: 1947 c 91 § 8, part; 1935 c 39 § 4, part; 1929
c 86 § 5, part; 1919 c 196 § 7, part; 1909 c 50 § 7, part; Rem.
Supp. 1947 § 9578-47, part.]
41.16.200
41.16.200 Examination of disability pensioners—
Restoration to duty. The board shall require all firemen
receiving disability pensions to be examined every six
months. All such examinations shall be made by physicians
duly appointed by the board. If a fireman shall fail to submit
to such examination within ten days of having been so
ordered in writing by said retirement board all pensions or
benefits paid to said fireman under this chapter, shall immediately cease and the disbursing officer in charge of such payments shall issue no further payments to such fireman. If such
fireman fails to present himself for examination within thirty
days after being ordered so to do, he shall forfeit all rights
under this chapter. If such fireman, upon examination as
aforesaid, shall be found fit for service, he shall be restored to
duty in the same rank held at the time of his retirement, or if
unable to perform the duties of said rank, then, at his request,
in such other rank, the duties of which he is then able to perform. The board shall thereupon so notify the fireman and
shall require him to resume his duties as a member of the fire
department. If, upon being so notified, such member shall fail
to report for employment within ten days, he shall forfeit all
rights to any benefits under this chapter. [1947 c 91 § 9;
Rem. Supp. 1947 § 9578-48. Prior: 1929 c 86 § 8; 1919 c 196
§ 10; 1909 c 50 § 10.]
41.16.170
[Title 41 RCW—page 82]
41.16.210
41.16.210 Transfer of assets to new fund—Assumption of obligations. (1) Funds or assets on hand in the firemen's relief and pension fund of any municipality established
(2004 Ed.)
Firemen’s Relief and Pensions—1947 Act
under the provisions of chapter 50, Laws of 1909, as
amended, after payment of warrants drawn upon and payable
therefrom, shall, by the city treasurer, be transferred to and
placed in the firemen's pension fund created by this chapter;
and the firemen's pension fund created by this chapter shall
be liable for and there shall be paid therefrom in the order of
their issuance any and all unpaid warrants drawn upon said
firemen's relief and pension fund.
(2) Any moneys loaned or advanced by a municipality
from the general or any other fund of such municipality to the
firemen's relief and pension fund created under the provisions
of chapter 50, Laws of 1909, as amended, and not repaid shall
be an obligation of the firemen's pension fund created under
this chapter, and shall at such times and in such amounts as is
directed by the board be repaid. [1947 c 91 § 10; Rem. Supp.
1947 § 9578-49.]
41.16.220
41.16.220 Credit for military service. Any person
who was a member of the fire department and within the provisions of chapter 50, Laws of 1909, as amended, at the time
he entered, and who is a veteran, as defined in RCW
41.04.005, shall have added and accredited to his period of
employment as a fireman as computed under this chapter his
period of war service in such armed forces upon payment by
him of his contribution for the period of his absence, at the
rate provided by chapter 50, Laws of 1909, as amended, for
other members: PROVIDED, HOWEVER, Such accredited
service shall not in any case exceed five years. [1969 ex.s. c
269 § 7; 1947 c 91 § 11; Rem. Supp. 1947 § 9578-50.]
41.16.921
tion of a fire protection district is annexed to or incorporated
into a city or town, or is succeeded by a metropolitan municipal corporation or county fire department, no full time paid
fireman affected by such annexation, incorporation or succession shall receive a reduction in his retirement and job
security rights: PROVIDED, That this section shall not apply
to any retirement and job security rights authorized under
chapter 41.24 RCW. [1963 c 63 § 1.]
41.16.260
41.16.260 Transfer of credit from city employees'
retirement system to firemen's pension system. See
RCW 41.18.210.
41.16.900
41.16.900 Severability—1947 c 91. If any clause, part
or section of this chapter shall be adjudged in violation of the
Constitution, or for any reason invalid, such judgment shall
not affect nor invalidate the remainder of the chapter, nor any
other clause, part or section thereof, but such judgment shall
be confined in its operation to the clause, part or section
directly involved in the controversy in which such judgment
was rendered, and the balance of the chapter shall remain in
full force and effect. [1947 c 91 § 13.]
41.16.910
41.16.910 Severability—1959 c 5. If any provision of
this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to any other persons or circumstances is not
affected. [1959 c 5 § 15.]
41.16.911
41.16.230
41.16.230 Repeal does not affect accrued rights.
Chapter 50, Laws of 1909; chapter 196, Laws of 1919; chapter 86, Laws of 1929, and chapter 39, Laws of 1935 (secs.
9559 to 9578, incl., Rem. Rev. Stat.; secs. 396-1 to 396-43,
incl., PPC) and all other acts or parts of acts in conflict herewith are hereby repealed: PROVIDED, That the repeal of
said laws shall not affect any "prior fireman", his widow, her
widower, child or children, any fireman eligible for retirement but not retired, his widow, her widower, child or children, or the rights of any retired fireman, his widow, her widower, child or children, to receive payments and benefits
from the firemen's pension fund created under this chapter, in
the amount, and in the manner provided by said laws which
are hereby repealed and as if said laws had not been repealed.
[1973 1st ex.s. c 154 § 68; 1947 c 91 § 12; Rem. Supp. 1947
§ 9578-51.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
41.16.240
41.16.240 Application of chapter to fire protection
districts. Any fire protection district having a full paid fire
department may by resolution of its board of fire commissioners provide for the participation of its full time employees in a pension program in the same manner, with the same
powers, and with the same force and effect as to such districts
as the pension program provided by chapter 41.16 RCW for
cities, towns and municipalities, or fire protection districts.
[1955 c 46 § 1.]
41.16.250
41.16.250 Retirement and job security rights preserved upon annexation, etc., of district. If all or any por(2004 Ed.)
41.16.911 Severability—1975 1st ex.s. c 178. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or
circumstances is not affected. [1975 1st ex.s. c 178 § 6.]
41.16.920
41.16.920 Construction—1959 c 5—Benefits retroactively authorized. The provisions of chapter 5, Laws of
1959 are intended to be remedial and procedural and any benefits heretofore paid to recipients hereunder pursuant to any
previous act are retroactively included and authorized as a
part of chapter 5, Laws of 1959. [1959 c 5 § 14.]
41.16.921
41.16.921 Construction—1975 1st ex.s. c 178, RCW
41.16.145. (1) The provisions of this section are procedural
and remedial.
(2) The application and effect of chapter 178, Laws of
1975 1st ex. sess. shall be retroactive to and including May 6,
1974. Each benefit being paid on June 4, 1975, shall then be
adjusted as if chapter 178, Laws of 1975 1st ex. sess. had
been in existence since May 6, 1974. Additionally, any
amounts which would have been paid had chapter 178, Laws
of 1975 1st ex. sess. been in effect since May 6, 1974, shall
then be due as a one-time lump sum payment.
(3) The provisions of RCW 41.16.145 shall be construed
and read to have granted the percentage increase provided by
that section to those receiving benefits pursuant to RCW
41.16.230, until and including July 1, 1974, at which time
those persons shall be regarded as eligible for the benefits
granted by chapter 190, Laws of 1974 ex. sess., as provided
in subsection (2) of this section. Any amounts now payable
[Title 41 RCW—page 83]
Chapter 41.18
Title 41 RCW: Public Employment, Civil Service, and Pensions
due to a failure to so construe and read RCW 41.16.145 are
now due as a one-time lump sum payment. [1975 1st ex.s. c
178 § 5.]
Chapter 41.18 RCW
FIREMEN'S RELIEF AND PENSIONS—1955 ACT
Chapter 41.18
Sections
41.18.010
41.18.015
41.18.020
41.18.030
41.18.040
41.18.045
41.18.050
41.18.060
41.18.080
41.18.090
41.18.100
41.18.102
41.18.104
41.18.130
41.18.140
41.18.150
41.18.160
41.18.165
41.18.170
41.18.180
41.18.190
41.18.200
41.18.210
Definitions.
Pension boards in fire districts created—Members—Terms—
Vacancies—Officers—Quorum.
Powers and duties of board.
Contributions by firemen.
Retirement for service—Widow's or widower's pension—Payments to children.
Pension benefits for widows or widowers of unretired, eligible
firemen—Retroactive.
Disablement in line of duty—Retirement.
Disablement in line of duty—Inactive period—Allowance—
Medical, hospital, nursing care.
Payment upon disablement not in line of duty.
Examination of disability pensioners—Restoration to active
duty.
Payment on death in line of duty or while retired on account of
service connected disability.
Applicability of RCW 41.18.040 and 41.18.100.
Annual increase in benefits payable on retirement for service
or disability—Appeals.
Payment on separation—With less than twenty-five years service or less than fifty years of age—Option to be classified as
vested fireman.
Funeral expenses.
Credit for military service.
Certain firemen may elect to be covered under other law.
Credit for membership in private organization acquired by
municipality.
Application of chapter.
Fireman contributor under prior law may obtain benefits of
chapter—Refunds.
Transfer of membership authorized.
Minimum pension.
Transfer of credit from city employees' retirement system to
firemen's pension system.
Prior acts relating to firemen's relief and pensions: 1935 c 39; 1929
c 86; 1919 c 196; 1909 c 50 were repealed by 1947 c 91 § 12 (codified as
RCW 41.16.230).
Firemen's relief and pensions—1947 act: Chapter 41.16 RCW.
Volunteer fire fighters' relief and pensions: Chapter 41.24 RCW.
41.18.010 Definitions. For the purpose of this chapter,
unless clearly indicated otherwise by the context, words and
phrases shall have the meaning hereinafter ascribed.
(1) "Beneficiary" shall mean any person or persons designated by a fireman in a writing filed with the board, and
who shall be entitled to receive any benefits of a deceased
fireman under this chapter.
(2) "Fireman" means any person hereafter regularly or
temporarily, or as a substitute newly employed and paid as a
member of a fire department, who has passed a civil service
examination for fireman and who is actively employed as a
fireman or, if provided by the municipality by appropriate
local legislation, as a fire dispatcher: PROVIDED, Nothing
in *this 1969 amendatory act shall impair or permit the
impairment of any vested pension rights of persons who are
employed as fire dispatchers at the time *this 1969 amendatory act takes effect; and any person heretofore regularly or
temporarily, or as a substitute, employed and paid as a member of a fire department, and who has contributed under and
been covered by the provisions of chapter 41.16 RCW as now
or hereafter amended and who has come under the provisions
41.18.010
[Title 41 RCW—page 84]
of this chapter in accordance with RCW 41.18.170 and who
is actively engaged as a fireman or as a member of the fire
department as a fireman or fire dispatcher.
(3) "Retired fireman" means and includes a person
employed as a fireman and retired under the provisions of this
chapter.
(4) "Basic salary" means the basic monthly salary,
including longevity pay, attached to the rank held by the
retired fireman at the date of his retirement, without regard to
extra compensation which such fireman may have received
for special duties assignments not acquired through civil service examination: PROVIDED, That such basic salary shall
not be deemed to exceed the salary of a battalion chief.
(5) "Widow or widower" means the surviving spouse of
a fireman and shall include the surviving wife or husband of
a fireman, retired on account of length of service, who was
lawfully married to him or to her for a period of five years
prior to the time of his or her retirement; and the surviving
wife or husband of a fireman, retired on account of disability,
who was lawfully married to him or her at and prior to the
time he or she sustained the injury or contracted the illness
resulting in his or her disability. The word shall not mean the
divorced wife or husband of an active or retired fireman.
(6) "Child" or "children" means a fireman's child or children under the age of eighteen years, unmarried, and in the
legal custody of such fireman at the time of his death or her
death.
(7) "Earned interest" means and includes all annual
increments to the firemen's pension fund from income earned
by investment of the fund. The earned interest payable to any
fireman when he leaves the service and accepts his contributions, shall be that portion of the total earned income of the
fund which is directly attributable to each individual fireman's contributions. Earnings of the fund for the preceding
year attributable to individual contributions shall be allocated
to individual firemen's accounts as of January 1st of each
year.
(8) "Board" shall mean the municipal firemen's pension
board.
(9) "Contributions" shall mean and include all sums
deducted from the salary of firemen and paid into the fund as
hereinafter provided.
(10) "Disability" shall mean and include injuries or sickness sustained by a fireman.
(11) "Fire department" shall mean the regularly organized, full time, paid, and employed force of firemen of the
municipality.
(12) "Fund" shall have the same meaning as in RCW
41.16.010 as now or hereafter amended. Such fund shall be
created in the manner and be subject to the provisions specified in chapter 41.16 RCW as now or hereafter amended.
(13) "Municipality" shall mean every city, town and fire
protection district having a regularly organized full time,
paid, fire department employing firemen.
(14) "Performance of duty" shall mean the performance
of work or labor regularly required of firemen and shall
include services of an emergency nature normally rendered
while off regular duty. [1973 1st ex.s. c 154 § 69; 1969 ex.s.
c 209 § 40; 1965 ex.s. c 45 § 2; 1961 c 255 § 1; 1955 c 382 §
1.]
(2004 Ed.)
Firemen’s Relief and Pensions—1955 Act
*Reviser's note: For codification of "this 1969 amendatory act" [1969
ex.s. c 209], see Codification Tables, Volume 0.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
Severability—1961 c 255: "If any clause, part or section of this act
shall be adjudged in violation of the constitution, or for any reason invalid,
such judgment shall not affect nor invalidate the remainder of the act, nor
any clause, part or section thereof, but such judgment shall be confined in its
operation to the clause, part or section directly involved in the controversy in
which judgment was rendered, and the balance of the act shall remain in full
force and effect." [1961 c 255 § 13.]
41.18.015
41.18.015 Pension boards in fire districts created—
Members—Terms—Vacancies—Officers—Quorum.
There is hereby created in each fire protection district which
qualifies under this chapter, a firemen's pension board to consist of the following five members, the chairman of the fire
commissioners for said district who shall be chairman of the
board, the county auditor, county treasurer, and in addition,
two regularly employed or retired fire fighters elected by
secret ballot of the employed and retired fire fighters. Retired
members who are subject to the jurisdiction of the pension
board have both the right to elect and the right to be elected
under this section. The first members to be elected by the fire
fighters shall be elected annually for a two-year term. The
two fire fighter elected members shall, in turn, select a third
eligible member who shall serve in the event of an absence of
one of the regularly elected members. In case a vacancy
occurs in the membership of the fire fighter or retired members, the members shall in the same manner elect a successor
to serve the unexpired term. The board may select and
appoint a secretary who may, but need not be a member of the
board. In case of absence or inability of the chairman to act,
the board may select a chairman pro tempore who shall during such absence or inability perform the duties and exercise
the powers of the chairman. A majority of the members of
said board shall constitute a quorum and have power to transact business. [1992 c 6 § 1; 1961 c 255 § 11.]
41.18.020
41.18.020 Powers and duties of board. The board, in
addition to such general and special powers as are vested in it
by the provisions of chapter 41.16 RCW, which powers the
board shall have with respect to this chapter shall have power
to:
(1) Generally supervise and control the administration of
this chapter;
(2) Pass upon and allow or disallow applications for pensions or other benefits provided by this chapter;
(3) Provide for payment from the firemen's pension fund
of necessary expenses of maintenance and administration
required by the provisions of this chapter;
(4) Make rules and regulations not inconsistent with this
chapter for the purpose of carrying out and effecting the
same;
(5) Require the physicians appointed under the provisions of chapter 41.16 RCW, to examine and report to the
board upon all applications for relief and pensions under this
chapter; and
(6) Perform such acts, receive such compensation and
enjoy such immunity as provided in RCW 41.16.040. [1955
c 382 § 2.]
(2004 Ed.)
41.18.045
41.18.030
41.18.030 Contributions by firemen. Every fireman to
whom this chapter applies shall contribute to the firemen's
pension fund a sum equal to six percent of his basic salary
which shall be deducted therefrom and placed in the fund.
[1961 c 255 § 2; 1955 c 382 § 3.]
41.18.040
41.18.040 Retirement for service—Widow's or widower's pension—Payments to children. Whenever any
fireman, *at the time of taking effect of this act or thereafter,
shall have been appointed under civil service rules and have
served for a period of twenty-five years or more as a member
in any capacity of the regularly constituted fire department of
any city, town or fire protection district which may be subject
to the provisions of this chapter, and shall have attained the
age of fifty years, he or she shall be eligible for retirement
and shall be retired by the board upon his or her written
request. Upon his or her retirement such fireman shall be paid
a monthly pension which shall be equal to fifty percent of the
basic salary now or hereafter attached to the same rank and
status held by the said fireman at the date of his or her retirement: PROVIDED, That a fireman hereafter retiring who has
served as a member for more than twenty-five years, shall
have his pension payable under this section increased by two
percent of the basic salary per year for each full year of such
additional service to a maximum of five additional years.
Upon the death of any such retired fireman, his or her
pension shall be paid to his widow or her widower, at the
same monthly rate that the retired fireman would have
received had he or she lived, if such widow or widower was
his wife or her husband for a period of five years prior to the
time of his or her retirement. If there be no widow or widower, then such monthly payments shall be distributed to and
divided among his or her children, share and share alike, until
they reach the age of eighteen or are married, whichever
occurs first. [1973 1st ex.s. c 154 § 70; 1969 ex.s. c 209 § 29;
1965 ex.s. c 45 § 3; 1961 c 255 § 3; 1955 c 382 § 4.]
*Reviser's note: The phrase "at the time of taking effect of this act or
thereafter" first appears in the 1961 amendment, which became effective at
midnight June 7, 1961 (see preface, 1961 session laws). The basic act, 1955
c 382, became effective at midnight June 8, 1955 (see preface, 1955 session
laws).
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Applicability—1969 ex.s. c 209: See RCW 41.18.102.
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.18.045
41.18.045 Pension benefits for widows or widowers of
unretired, eligible firemen—Retroactive. Upon the death
of a fireman who is eligible to retire under RCW 41.18.040 as
now or hereafter amended, but who has not retired, a pension
shall be paid to his widow or her widower at the same
monthly rate that he or she was eligible to receive at the time
of his or her death, if such widow or widower was his wife or
her husband for a period of five years prior to his or her death.
If there be no widow or widower, then such monthly payments shall be distributed to and divided among his or her
children, share and share alike, until they reach the age of
eighteen or are married, whichever comes first.
This section shall apply retroactively for the benefit of
all widows or widowers and survivors of firemen who died
after January 1, 1967, if such firemen were otherwise eligible
[Title 41 RCW—page 85]
41.18.050
Title 41 RCW: Public Employment, Civil Service, and Pensions
to retire on the date of death. [1973 1st ex.s. c 154 § 71; 1969
ex.s. c 209 § 25.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.18.050 Disablement in line of duty—Retirement.
Every fireman who shall become disabled as a result of the
performance of duty may be retired at the expiration of six
months from the date of his disability, upon his written
request filed with his retirement board. The board may, upon
such request being filed, consult such medical advice as it
sees fit, and may have the applicant examined by such physicians as it deems desirable. If from the reports of such physicians the board finds the applicant capable of performing his
duties in the fire department, the board may refuse to recommend his retirement. If, after the expiration of six months
from the date of his disability, the board deems it for the good
of the fire department or the pension fund it may recommend
the retirement of a fireman disabled as a result of the performance of duty without any request for the same by him, and
after having been given by the board a thirty days' written
notice of such recommendation he shall be retired. [1955 c
382 § 5.]
41.18.050
41.18.060 Disablement in line of duty—Inactive
period—Allowance—Medical, hospital, nursing care.
Whenever the retirement board, pursuant to examination by
the board's physician and such other evidence as it may
require, shall find a fire fighter has been disabled while in the
performance of his or her duties it shall declare the fire
fighter inactive. For a period of six months from the time of
the disability the fire fighter shall draw from the pension fund
a disability allowance equal to his or her basic monthly salary
and, in addition, shall be provided with medical, hospital and
nursing care as long as the disability exists. The board may,
at its discretion, elect to reimburse the disabled fire fighter for
premiums the fire fighter has paid for medical insurance that
supplements medicare, including premiums the fire fighter
has paid for medicare part B coverage. If the board finds at
the expiration of six months that the fire fighter is unable to
return to and perform his or her duties, the fire fighter shall be
retired at a monthly sum equal to fifty percent of the amount
of his or her basic salary at any time thereafter attached to the
rank which he or she held at the date of retirement: PROVIDED, That where, at the time of retirement hereafter for
disability under this section, the fire fighter has served honorably for a period of more than twenty-five years as a member,
in any capacity of the regularly constituted fire department of
a municipality, the fire fighter shall have his or her pension
payable under this section increased by two percent of his or
her basic salary per year for each full year of additional service to a maximum of five additional years. [1992 c 22 § 1;
1969 ex.s. c 209 § 30; 1961 c 255 § 4; 1955 c 382 § 6.]
41.18.060
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.18.080 Payment upon disablement not in line of
duty. Any fireman who has completed his or her probationary period and has been permanently appointed, and sustains
a disability not in the performance of his or her duty which
41.18.080
[Title 41 RCW—page 86]
renders him or her unable to continue his or her service, may
request to be retired by filing a written request with his or her
retirement board within sixty days from the date of his or her
disability. The board may, upon such request being filed,
consult such medical advice as it deems fit and proper. If the
board finds the fireman capable of performing his or her
duties, it may refuse to recommend retirement and order the
fireman back to duty. If no request for retirement has been
received after the expiration of sixty days from the date of his
or her disability, the board may recommend retirement of the
fireman. The board shall give the fireman a thirty day written
notice of its recommendation, and he or she shall be retired
upon expiration of said notice. Upon retirement he shall
receive a pension equal to fifty percent of his or her basic salary. For a period of ninety days following such disability the
fireman shall receive an allowance from the fund equal to his
or her basic salary. He or she shall during said ninety days be
provided with such medical, hospital, and nursing care as the
board deems proper. No funds shall be expended for such disability if the board determines that the fireman was gainfully
employed or engaged for compensation in other than fire
department duty when the disability occurred, or if such disability was the result of dissipation or abuse. Whenever any
fireman shall die as a result of a disability sustained not in the
line of duty, his widow or her widower shall receive a
monthly pension equal to one-third of his or her basic salary
until remarried; if such widow or widower has dependent
upon her or him for support a child or children of such
deceased fireman, he or she shall receive an additional pension as follows: One child, one-eighth of the deceased's basic
salary; two children, one-seventh; three or more children,
one-sixth. If there be no widow or widower, monthly payments equal to one-third of the deceased fireman's basic salary shall be made to his or her child or children. The widow
or widower may elect at any time in writing to receive a cash
settlement, and if the board after hearing finds it financially
beneficial to the pension fund, he or she may receive the sum
of five thousand dollars cash in lieu of all future monthly pension payments, and other benefits, including benefits to any
child and/or children. [1973 1st ex.s. c 154 § 72; 1965 c 109
§ 1; 1961 c 255 § 5; 1955 c 382 § 9.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
41.18.090
41.18.090 Examination of disability pensioners—
Restoration to active duty. The board shall require all firemen receiving disability pensions to be examined every six
months: PROVIDED, That no such examinations shall be
required if upon certification by physicians the board shall
formally enter upon its records a finding of fact that the disability is and will continue to be of such a nature that return
to active duty can never reasonably be expected. All examinations shall be made by physicians duly appointed by the
board. If a fireman shall wilfully fail to present himself for
examination, within thirty days after being ordered so to do,
he shall forfeit all rights under this chapter. If such fireman,
upon examination as aforesaid, shall be found fit for service,
he shall be restored to duty in the same rank held at the time
of his retirement, or if unable to perform the duties of said
rank then, at his request, in such other like or lesser rank as
may be or become open and available, the duties of which he
(2004 Ed.)
Firemen’s Relief and Pensions—1955 Act
is then able to perform. The board shall thereupon so notify
the fireman and shall require him to resume his duties as a
member of the fire department. If, upon being so notified,
such member shall wilfully fail to report for employment
within ten days, he shall forfeit all rights to any benefit under
this chapter. [1955 c 382 § 15.]
41.18.100
41.18.100 Payment on death in line of duty or while
retired on account of service connected disability. In the
event a fireman is killed in the performance of duty, or in the
event a fireman retired on account of service connected disability shall die from any cause, his widow or her widower
shall receive a monthly pension under one of the following
applicable provisions: (1) If a fireman is killed in the line of
duty his widow or her widower shall receive a monthly pension equal to fifty percent of his or her basic salary at the time
of his or her death; (2) if a fireman who has retired on account
of a service connected disability dies, his widow or her widower shall receive a monthly pension equal to the amount of
the monthly pension such retired fireman was receiving at the
time of his or her death. If she or he at any time so elects in
writing and the board after hearing finds it to be financially
beneficial to the pension fund, he or she may receive in lieu
of all future monthly pension and other benefits, including
benefits to child or children, the sum of five thousand dollars
in cash. If there be no widow or widower at the time of such
fireman's death or upon the widow's or widower's death the
monthly pension benefits hereinabove provided for shall be
paid to and divided among his or her child or children share
and share alike, until they reach the age of eighteen or are
married, whichever occurs first. The widow's or widower's
monthly pension benefit, including increased benefits to his
or her children shall cease if and when he or she remarries:
PROVIDED, That no pension payable under the provisions
of this section shall be less than that specified under RCW
41.18.200. [1975 1st ex.s. c 178 § 4; 1973 1st ex.s. c 154 §
73; 1969 ex.s. c 209 § 28; 1965 ex.s. c 45 § 4; 1955 c 382 § 8.]
Construction—Severability—1975 1st ex.s. c 178: See RCW
41.16.911, 41.16.921.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.18.130
mine the increase in the consumer price index between January 1st and December 31st of the previous year and increase
in dollar amount the benefits payable subsequent to July 1st
of the year in which said board makes such determination by
a dollar amount proportionate to the increase in the consumer
price index: PROVIDED, That regardless of the change in
the consumer price index, such increase shall be at least two
percent each year such adjustment is made.
Each year effective with the July payment all benefits
specified herein, shall be increased as authorized by this section. This benefit increase shall be paid monthly as part of the
regular pension payment and shall be cumulative. The
increased benefits authorized by this section shall not affect
any benefit payable under the provisions of chapter 41.18
RCW in which the benefit payment is attached to a current
salary of the rank held at time of retirement. A beneficiary of
benefit increases provided for pursuant to this section is
hereby authorized to appeal a decision on such increases or
the failure of the local pension board to order such increased
benefits or the amount of such benefits to the Washington law
enforcement officers' and fire fighters' system retirement
board provided for in *RCW 41.26.050.
For the purpose of this section the term
"Consumer price index" shall mean, for any calendar
year, the consumer price index for the Seattle, Washington
area as compiled by the bureau of labor statistics of the
United States department of labor. [1975-'76 2nd ex.s. c 44 §
2; 1975 1st ex.s. c 178 § 2; 1974 ex.s. c 190 § 2; 1970 ex.s. c
37 § 1; 1969 ex.s. c 209 § 33.]
*Reviser's note: RCW 41.26.050 was repealed by 1982 c 163 § 23.
Powers, duties, and functions of the Washington law enforcement officers'
and fire fighters' retirement board were transferred to the director of retirement systems by RCW 41.26.051, which has been decodified. See Table of
Disposition of Former RCW Sections, Volume 0.
Construction—Severability—1975 1st ex.s. c 178: See RCW
41.16.911, 41.16.921.
Construction—1970 ex.s. c 37: "This 1970 amendatory act shall be
null and void and of no further force and effect if the 1970 extraordinary session of the Legislature does not pass legislation authorizing cities and counties to levy additional taxes or appropriate at least ten million dollars for distribution to cities and towns for the remainder of the 1969-71 fiscal biennium." [1970 ex.s. c 37 § 4.]
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.18.102
41.18.102 Applicability of RCW 41.18.040 and
41.18.100. The provisions of RCW 41.18.040 and 41.18.100
shall be applicable to all firemen employed prior to March 1,
1970, but shall not apply to any former fireman who has terminated his employment prior to July 1, 1969. [1969 ex.s. c
209 § 32.]
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.18.104
41.18.104 Annual increase in benefits payable on
retirement for service or disability—Appeals. The amount
of all benefits payable under the provisions of RCW
41.18.040, 41.18.080, 41.18.100 and 41.18.200 as now or
hereafter amended, shall be increased annually as hereafter in
this section provided. The local pension board shall meet subsequent to March 31st but prior to June 30th of each year for
the purpose of adjusting benefit allowances payable pursuant
to the aforementioned sections. The local board shall deter(2004 Ed.)
41.18.130
41.18.130 Payment on separation—With less than
twenty-five years service or less than fifty years of age—
Option to be classified as vested fireman. Any fireman
who shall have served for a period of less than twenty-five
years, or who shall be less than fifty years of age, and shall
resign, or be dismissed from the fire department for a reason
other than conviction for a felony, shall be paid the amount of
his contributions to the fund plus earned interest: PROVIDED, That in the case of any fireman who has completed
twenty years of service, such fireman, upon termination for
any cause except for a conviction of a felony, shall have the
option of electing, in lieu of recovery of his contributions as
herein provided, to be classified as a vested fireman in accordance with the following provisions:
(1) Written notice of such election shall be filed with the
board within thirty days after the effective date of such fireman's termination;
[Title 41 RCW—page 87]
41.18.140
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) During the period between the date of his termination
and the date upon which he becomes a retired fireman as
hereinafter provided, such vested fireman and his spouse or
dependent children shall be entitled to all benefits available
under chapter 41.18 RCW to a retired fireman and his spouse
or dependent children with the exception of the service retirement allowance as herein provided for: PROVIDED, That
any claim for medical coverage under RCW 41.18.060 shall
be attributable to service connected illness or injury;
(3) Any fireman electing to become a vested fireman
shall be entitled at such time as he otherwise would have
completed twenty-five years of service had he not terminated,
to receive a service retirement allowance computed on the
following basis: Two percent of the amount of salary
attached to the position held by the vested fireman for the
year preceding the date of his termination, for each year of
service rendered prior to the date of his termination. [1969
ex.s. c 209 § 31; 1961 c 255 § 6; 1955 c 382 § 11.]
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.18.140 Funeral expenses. The board shall pay from
the firemen's pension fund upon the death of any active or
retired fireman the sum of five hundred dollars, to assist in
defraying the funeral expenses of such fireman. [1961 c 255
§ 7; 1955 c 382 § 13.]
41.18.140
41.18.150 Credit for military service. Every person
who was a member of the fire department at the time he
entered and served in the armed forces of the United States in
time of war, whether as a draftee, or inductee, and who shall
have been discharged from such armed forces under conditions other than dishonorable, shall have added and accredited to his period of employment as a fireman his period of
war or peacetime service in the armed forces: PROVIDED,
That such added and accredited service shall not as to any
individual exceed five years. [1955 c 382 § 14.]
41.18.150
41.18.160 Certain firemen may elect to be covered
under other law. Every fireman as defined in this chapter
heretofore employed as a member of a fire department,
whether or not as a prior fireman as defined in chapter 41.16
RCW, who desires to make the contributions and avail himself of the pension and other benefits of said chapter 41.16
RCW, can do so by handing to and leaving with the firemen's
pension board of his municipality a written notice of such
intention within sixty days of the effective date of this chapter, or if he was on disability retirement under chapter 41.16
RCW, at the effective date of this chapter and has been
recalled to active duty by the retirement board, shall give
such notice within sixty days of his return to active duty, and
not otherwise. [1955 c 382 § 17.]
41.18.160
Reviser's note: Effective date of chapter 41.18 RCW is midnight June
8, 1955; see preface 1955 session laws.
41.18.165 Credit for membership in private organization acquired by municipality. Every person who was a
member of a fire-fighting organization operated by a private
enterprise, which fire-fighting organization shall be hereafter
acquired before September 1, 1959, by a municipality as its
fire department as a matter of public convenience or neces41.18.165
[Title 41 RCW—page 88]
sity, where it is in the public interest to retain the trained personnel of such fire-fighting organization, shall have added
and accredited to his period of employment as a fireman his
period of service with said private enterprise, except that this
shall apply only to those persons who are in the service of
such fire-fighting organization at the time of its acquisition
by the municipality and who remain in the service of that
municipality until this chapter shall become applicable to
such persons.
No such person shall have added and accredited to his
period of employment as a fireman his period of service with
said private enterprise unless he or a third party shall pay to
the municipality his contribution for the period of such service with the private enterprise at the rate provided in RCW
41.18.030, or, if he shall be entitled to any private pension or
retirement benefits as a result of such service with the private
enterprise, unless he agrees at the time of his employment by
the municipality to accept a reduction in the payment of any
benefits payable under this chapter that are based in whole or
in part on such added and accredited service by the amount of
those private pension or retirement benefits received. For the
purposes of RCW 41.18.030, the date of entry of service shall
be deemed the date of entry into service with the private
enterprise, which service is accredited by this section, and the
amount of contributions for the period of accredited service
shall be based on the wages or salary of such person during
that added and accredited period of service with the private
enterprise.
The city may receive payments for these purposes from
a third party and shall make from such payments contributions with respect to such prior service as may be necessary to
enable the fund to assume its obligations. [1959 c 69 § 1.]
41.18.170
41.18.170 Application of chapter. The provisions of
this chapter governing contributions, pensions, and benefits
shall have exclusive application (1) to firemen as defined in
this chapter hereafter becoming members of a fire department, (2) to firemen as defined in this chapter heretofore
employed in a department who have not otherwise elected as
provided for in RCW 41.18.160, and (3) to firemen on disability retirement under chapter 41.16 RCW, at the effective
date of this chapter, who thereafter shall have been returned
to active duty by the retirement board, and who have not otherwise elected as provided for in RCW 41.18.160 within
sixty days after return to active duty. [1955 c 382 § 16.]
41.18.180
41.18.180 Fireman contributor under prior law may
obtain benefits of chapter—Refunds. Any fireman who
has made contributions under any prior act may elect to avail
himself of the benefits provided by this chapter or under such
prior act by filing written notice with the board within sixty
days from the effective date of this 1961 amendatory act:
PROVIDED, That any fireman who has received refunds by
reason of selecting the benefits of prior acts shall return the
amount of such refunds as a condition to coverage under this
1961 amendatory act. [1961 c 255 § 12.]
Reviser's note: "this 1961 amendatory act" [1961 c 255] consists of
RCW 41.16.020, 41.16.050, 41.16.060, 41.18.010, 41.18.015, 41.18.030,
41.18.040, 41.18.060, 41.18.080, 41.18.130, 41.18.140, and 41.18.180, and
the repeal of RCW 41.18.070, 41.18.110, and 41.18.120. The act became
effective at midnight June 7, 1961 (see preface, 1961 session laws).
(2004 Ed.)
Police Relief and Pensions in First Class Cities
41.18.190
41.18.190 Transfer of membership authorized. Any
fireman as defined in RCW 41.18.010 who has prior to July
1, 1969 been employed as a member of a fire department and
who desires to make contributions and avail himself of the
pension and other benefits of chapter 41.18 RCW as now law
or hereafter amended, may transfer his membership from any
other pension fund, except the Washington law enforcement
officers' and fire fighters' retirement system, to the pension
fund provided in chapter 41.18 RCW: PROVIDED, That
such fireman transmits written notice of his intent to transfer
to the pension board of his municipality prior to September 1,
1969. [1969 ex.s. c 209 § 41.]
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
Law enforcement officers' and fire fighters' retirement system: Chapter
41.26 RCW.
41.18.200
41.18.200 Minimum pension. All retirees and survivors receiving a pension under the provisions of this chapter
shall from and after April 25, 1973 receive a minimum pension of three hundred dollars per month. [1973 1st ex.s. c 181
§ 2.]
41.18.210
41.18.210 Transfer of credit from city employees'
retirement system to firemen's pension system. Any
former employee of a department of a city of the first class,
who (1) was a member of the employees' retirement system
of such city, and (2) is now employed within the fire department of such city, may transfer his former membership credit
from the city employees' retirement system to the fireman's
pension system created by chapters 41.16 and 41.18 RCW by
filing a written request with the board of administration and
the municipal fireman's pension board, respectively.
Upon the receipt of such request, the transfer of membership to the city's fireman's pension system shall be made,
together with a transfer of all accumulated contributions
credited to such member. The board of administration shall
transmit to the municipal fireman's pension board a record of
service credited to such member which shall be computed
and credited to such member as a part of his period of
employment in the city's fireman's pension system. For the
purpose of the transfer contemplated by this section, those
affected individuals who have formerly withdrawn funds
from the city employees' retirement system shall be allowed
to restore contributions withdrawn from that retirement system directly to the fireman's pension system and receive
credit in the fireman's pension system for their former membership service in the prior system.
Any employee so transferring shall have all the rights,
benefits, and privileges that he would have been entitled to
had he been a member of the city's fireman's pension system
from the beginning of his employment with the city.
No person so transferring shall thereafter be entitled to
any other public pension, except that provided by chapter
41.26 RCW or social security, which is based upon such service with the city.
The right of any employee to file a written request for
transfer of membership as set forth in this section shall expire
December 31, 1974. [1974 ex.s. c 148 § 1.]
(2004 Ed.)
Chapter 41.20
41.20.010
Chapter 41.20 RCW
POLICE RELIEF AND PENSIONS IN
FIRST CLASS CITIES
Sections
41.20.005
41.20.010
41.20.020
41.20.030
41.20.040
41.20.050
41.20.060
41.20.061
41.20.065
41.20.070
41.20.080
41.20.085
41.20.086
41.20.090
41.20.100
41.20.110
41.20.120
41.20.130
41.20.140
41.20.150
41.20.155
41.20.160
41.20.170
41.20.175
41.20.180
41.20.900
41.20.910
Definitions.
Board of trustees—Composition.
Officers of board—Annual report.
Meetings—Disbursements of fund—Quorum.
Additional powers of board.
Pension on retirement for years of service.
Pension on retirement for duty connected disability.
Increase in presently payable benefits for service or disability
authorized.
Pension on retirement for nonduty disability.
Certificate of disability.
Pension on death before or after retirement.
Pension on death before or after retirement—Surviving spouse
not formerly covered—"Surviving spouse" defined.
Increase in certain presently payable death benefits authorized.
Lump sum payment on death before or after retirement.
Examination of disability pensioners—Emergency duty.
Withdrawal of pension—Grounds.
Sick benefits.
Fund created.
Pension payments monthly—Surplus to general fund.
Return of member's contributions—Option to be classified as
vested member.
Return of member's contributions—Applicability.
Credit for membership in private organization acquired by city
of first class.
Transfer of membership.
Transfer of service credit from firemen's pension system to
city's police pension system.
Exemption from taxation and judicial process—Exception—
Assignability.
Construction—1959 c 6—Benefits retroactively authorized.
Severability—1959 c 6.
41.20.005
41.20.005 Definitions. As used in chapter 41.20 RCW:
(1) "Rank" means civil service rank.
(2) "Position" means the particular employment held at
any particular time, which may or may not be the same as
civil service rank.
(3) Words importing masculine gender shall extend to
females also.
(4) "Salary" means the basic monthly rate of salary or
wages, including longevity pay but not including overtime
earnings or special salary or wages. [1969 ex.s. c 209 § 39;
1959 c 78 § 1.]
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.20.010
41.20.010 Board of trustees—Composition. (1) The
mayor or his designated representative who shall be an
elected official of the city, and the clerk, treasurer, president
of the city council or mayor pro tem of each city of the first
class, or in case any such city has no city council, the commissioner who has supervision of the police department,
together with three active or retired members of the police
department, to be elected as herein provided, in addition to
the duties now required of them, are constituted a board of
trustees of the relief and pension fund of the police department of each such city, and shall provide for the disbursement of the fund, and designate the beneficiaries thereof.
(2) The police department and the retired law enforcement officers of each city of the first class shall elect three
members to act as members of the board. Members shall be
elected for three year terms. Existing members shall continue
in office until replaced as provided for in this section.
[Title 41 RCW—page 89]
41.20.020
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3) Such election shall be held in the following manner.
Not more than thirty nor less than fifteen days preceding the
first day of June in each year, written notice of the nomination of any member or retired member of the department for
membership on the board may be filed with the secretary of
the board. Each notice of nomination shall be signed by not
less than five members or retired members of the department,
and nothing herein contained shall prevent any member or
retired member of the department from signing more than
one notice of nomination. The election shall be held on a date
to be fixed by the secretary during the month of June. Notice
of the dates upon which notice of nomination may be filed
and of the date fixed for the election of such members of the
board shall be given by the secretary of the board by posting
written notices thereof in a prominent place in the police
headquarters. For the purpose of such election, the secretary
of the board shall prepare and furnish printed or typewritten
ballots in the usual form, containing the names of all persons
regularly nominated for membership and shall furnish a ballot box for the election. Each member and each retired member of the police department shall be entitled to vote at the
election for one nominee as a member of the board. The chief
of the department shall appoint two members to act as officials of the election, who shall be allowed their regular wages
for the day, but shall receive no additional compensation
therefor. The election shall be held in the police headquarters
of the department and the polls shall open at 7:30 a.m. and
close at 8:30 p.m. The one nominee receiving the highest
number of votes shall be declared elected to the board and his
term shall commence on the first day of July succeeding the
election. In the first election the nominee receiving the greatest number of votes shall be elected to the three year term, the
second greatest to the two year term and the third greatest to
the one year term. Retired members who are subject to the
jurisdiction of the board have both the right to elect and the
right to be elected under this section. Ballots shall contain all
names of those nominated, both active and retired. Notice of
nomination and voting by retired members shall be conducted by the board. [1988 c 164 § 3; 1973 1st ex.s. c 16 § 1;
1955 c 69 § 1; 1911 c 18 § 1; 1909 c 39 § 1; RRS § 9579.]
41.20.020
41.20.020 Officers of board—Annual report. The
mayor, or his designated representative, shall be ex officio
chairman, the clerk shall be ex officio secretary, and the treasurer shall be ex officio treasurer of said board. The secretary
of said board, at the time of making his annual reports as said
city clerk, shall annually report the condition of said fund, the
receipts and disbursements on account of the same, together
with a complete list of the beneficiaries of said fund, and the
amounts paid to each of them. [1973 1st ex.s. c 16 § 2; 1909
c 39 § 2; RRS § 9580.]
41.20.030
41.20.030 Meetings—Disbursements of fund—Quorum. The board herein provided for shall hold monthly
meetings on the first Mondays of each month and upon the
call of its president. It shall issue warrants, signed by its president and secretary, to the persons entitled thereto under provisions of this chapter other than RCW 41.20.050, 41.20.060,
41.20.080 and 41.20.085 for the amounts of money ordered
paid to such persons from such fund by said board, which
[Title 41 RCW—page 90]
warrants shall state for what purpose such payments are
made; it shall keep a record of its proceedings, which record
shall be a public record; it shall, at each monthly meeting,
send to the treasurer of such city a written or printed list of all
persons entitled to payment under provisions of this chapter
other than RCW 41.20.050, 41.20.060, 41.20.080 and
41.20.085 from the fund herein provided for, stating the
amount of such payments and for what granted, which list
shall be certified to and signed by the president and secretary
of such board, attested under oath. The treasurer of such city
shall thereupon enter a copy of said list upon a book to be
kept for that purpose and which shall be known as "the police
relief and pension fund book", and the said board shall direct
payment of the amounts named therein to the persons entitled
thereto, out of such fund. The treasurer shall prepare and
enter into such book an additional list showing those persons
entitled to payment under RCW 41.20.050, 41.20.060,
41.20.080 and 41.20.085 and shall on the last day of each
month issue warrants in the appropriate amounts to such persons. A majority of all the members of said board herein provided for shall constitute a quorum, and have power to transact business. [1973 c 143 § 1; 1911 c 18 § 5; 1909 c 39 § 11;
RRS § 9589.]
41.20.040
41.20.040 Additional powers of board. The board
shall, in addition to other powers herein granted, have power:
(1) To compel witnesses to attend and testify before it
upon all matters connected with the administration of this
chapter, in the same manner as provided by law for the taking
of testimony in courts of record in this state, and its president
or any member of the board may administer oaths to such
witnesses.
(2) To provide for the payment from the fund of all necessary expenses and printing.
No compensation or emolument shall be paid to any
member of the board for any duty required or performed
under this chapter.
Each board may make all needful rules and regulations
for its guidance in the administration of and in conformity
with the provisions of this chapter. [1955 c 69 § 2; 1909 c 39
§ 12; RRS § 9590.]
41.20.050
41.20.050 Pension on retirement for years of service.
Whenever a person has been duly appointed, and has served
honorably for a period of twenty-five years, as a member, in
any capacity, of the regularly constituted police department
of a city subject to the provisions of this chapter, the board,
after hearing, if one is requested in writing, may order and
direct that such person be retired, and the board shall retire
any member so entitled, upon his written request therefor.
The member so retired *hereafter shall be paid from the fund
during his lifetime a pension equal to fifty percent of the
amount of salary *at any time hereafter attached to the position held by the retired member for the year preceding the
date of his retirement: PROVIDED, That, except as to a position higher than that of captain held for at least three calendar
years prior to date of retirement, no such pension shall exceed
an amount equivalent to fifty percent of the salary of captain,
and all existing pensions shall be increased to not less than
three hundred dollars per month as of April 25, 1973: PRO(2004 Ed.)
Police Relief and Pensions in First Class Cities
VIDED FURTHER, That a person *hereafter retiring who
has served as a member for more than twenty-five years, shall
have his pension payable under this section increased by two
percent of his salary per year for each full year of such additional service to a maximum of five additional years.
Any person who has served in a position higher than the
rank of captain for a minimum of three years may elect to
retire at such higher position and receive for his lifetime a
pension equal to fifty percent of the amount of the salary *at
any time hereafter attached to the position held by such
retired member for the year preceding his date of retirement:
PROVIDED, That such person make the said election to
retire at a higher position by September 1, 1969 and at the
time of making the said election, pay into the relief and pension fund in addition to the contribution required by RCW
41.20.130: (1) an amount equal to six percent of that portion
of all monthly salaries previously received upon which a sum
equal to six percent has not been previously deducted and
paid into the police relief and pension fund; (2) and such person agrees to continue paying into the police relief and pension fund until the date of retirement, in addition to the contributions required by RCW 41.20.130, an amount equal to
six percent of that portion of monthly salary upon which a six
percent contribution is not currently deducted pursuant to
RCW 41.20.130.
Any person affected by this chapter who at the time of
entering the armed services was a member of such police
department and is a veteran as defined in RCW 41.04.005,
shall have added to his period of employment as computed
under this chapter, his period of war service in the armed
forces, but such credited service shall not exceed five years
and such period of service shall be automatically added to
each member's service upon payment by him of his contribution for the period of his absence at the rate provided in RCW
41.20.130. [1973 1st ex.s. c 181 § 3; 1969 ex.s. c 269 § 6;
1969 ex.s. c 219 § 1; 1969 ex.s. c 209 § 36; 1969 c 123 § 1;
1961 c 191 § 1; 1959 c 78 § 3; 1959 c 6 § 1. Prior: 1957 c 84
§ 1; 1955 c 69 § 3; 1945 c 45 § 1; 1937 c 24 § 1; 1915 c 40 §
2; 1911 c 18 § 2; 1909 c 39 § 4; Rem. Supp. 1945 § 9582.]
*Reviser's note: The words "hereafter" and "at any time hereafter" first
appear in the 1961 amendment.
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.20.060
41.20.060 Pension on retirement for duty connected
disability. Whenever any person, while serving as a policeman in any such city becomes physically disabled by reason
of any bodily injury received in the immediate or direct performance or discharge of his duties as a policeman, or
becomes incapacitated for service on account of any duty
connected disability, such incapacity not having been caused
or brought on by dissipation or abuse, of which the board
shall be judge, the board may, upon his written request filed
with the secretary, or without such written request, if it deems
it to be for the benefit of the public, retire such person from
the department, and order and direct that he be paid from the
fund during his lifetime, a pension equal to fifty percent of
the amount of salary *at any time hereafter attached to the
position which he held in the department at the date of his
retirement, but not to exceed an amount equivalent to fifty
percent of the salary of captain except as to a position higher
(2004 Ed.)
41.20.065
than that of captain held for at least three calendar years prior
to the date of retirement in which case as to such position the
provisions of RCW 41.20.050 shall apply, and all existing
pensions shall be increased to not less than three hundred dollars per month as of April 25, 1973: PROVIDED, That
where, at the time of retirement hereafter for duty connected
disability under this section, such person has served honorably for a period of more than twenty-five years as a member,
in any capacity, of the regularly constituted police department of a city subject to the provisions of this chapter, the
foregoing percentage factors to be applied in computing the
pension payable under this section shall be increased by two
percent of his salary per year for each full year of such additional service to a maximum of five additional years.
Whenever such disability ceases, the pension shall cease,
and such person shall be restored to active service at the same
rank he held at the time of his retirement, and at the current
salary attached to said rank at the time of his return to active
service.
Disability benefits provided for by this chapter shall not
be paid when the policeman is disabled while he is engaged
for compensation in outside work not of a police or special
police nature. [1998 c 157 § 3; 1973 1st ex.s. c 181 § 4; 1969
ex.s. c 219 § 2; 1969 ex.s. c 209 § 37; 1969 c 123 § 2; 1961 c
191 § 2; 1959 c 78 § 4; 1959 c 6 § 2; 1957 c 84 § 2; 1955 c 69
§ 5; 1937 c 24 § 2; 1911 c 18 § 3; 1909 c 39 § 5; RRS § 9583.]
*Reviser's note: The words "at any time hereafter" first appear in the
1961 amendment.
Application—1998 c 157 § 3: "The provisions of section 3 of this act
apply retrospectively to all line of duty disability retirement allowances heretofore granted under chapter 41.20 RCW." [1998 c 157 § 5.]
Purpose—1998 c 157 §§ 2-5: "The purpose of sections 2 through 5 of
this act is to clarify that the intent of the legislature in enacting RCW
41.20.060, insofar as that section provides benefits to members for disabilities incurred in the line of duty, was to provide a statute in the nature of a
workers' compensation act that provides compensation to employees for personal injuries incurred in the course of employment. Accordingly this act
amends and divides RCW 41.20.060 into two separate sections. Section 3 of
this act clarifies and emphasizes the legislature's intent that the disability
benefits granted by RCW 41.20.060, as amended, are granted only to those
members who become disabled by any injury or incapacity that is incurred in
the line of duty. Section 4 of this act continues to provide disability retirement benefits to members who become disabled by an injury or incapacity
not incurred in the line of duty." [1998 c 157 § 2.]
Effective date—1998 c 157: See note following RCW 41.40.0931.
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.20.061
41.20.061 Increase in presently payable benefits for
service or disability authorized. See RCW 41.26.250.
41.20.065
41.20.065 Pension on retirement for nonduty disability. Whenever any person, while serving as a policeman in
any such city becomes physically disabled by reason of any
bodily injury not incurred in the line of duty, or becomes
incapacitated for service, such incapacity not having been
caused or brought on by dissipation or abuse, of which the
board shall be judge, the board may, upon his written request
filed with the secretary, or without such written request, if it
deems it to be for the benefit of the public, retire such person
from the department, and order and direct that he be paid
from the fund during his lifetime, a pension equal to fifty percent of the amount of salary at any time hereafter attached to
[Title 41 RCW—page 91]
41.20.070
Title 41 RCW: Public Employment, Civil Service, and Pensions
the position which he held in the department at the date of his
retirement, but not to exceed an amount equivalent to fifty
percent of the salary of captain, except as to a position higher
than that of captain held for at least three calendar years prior
to the date of retirement, in which case as to such position the
provisions of RCW 41.20.050 shall apply, and all existing
pensions shall be increased to not less than three hundred dollars per month as of April 25, 1973: PROVIDED, That
where, at the time of retirement hereafter for disability under
this section, such person has served honorably for a period of
more than twenty-five years as a member, in any capacity, of
the regularly constituted police department of a city subject
to the provisions of this chapter, the foregoing percentage
factors to be applied in computing the pension payable under
this section shall be increased by two percent of his salary per
year for each full year of such additional service, to a maximum of five additional years.
Whenever such disability ceases, the pension shall cease,
and such person shall be restored to active service at the same
rank he held at the time of his retirement, and at the current
salary attached to said rank at the time of his return to active
service.
Disability benefits provided for by this chapter shall not
be paid when the policeman is disabled while he is engaged
for compensation in outside work not of a police or special
police nature. [1998 c 157 § 4.]
Purpose—1998 c 157 §§ 2-5: See note following RCW 41.20.060.
Effective date—1998 c 157: See note following RCW 41.40.0931.
41.20.070
41.20.070 Certificate of disability. No person shall be
retired, as provided in RCW 41.20.060, or receive any benefit
from said fund, unless there shall be filed with said board certificate of his disability, which certificate shall be subscribed
and sworn to by said person, and by the city physician (if
there be one) and two regularly licensed and practicing physicians of such city, and such board may require other evidence of disability before ordering such retirement and payment as aforesaid. [1909 c 39 § 6; RRS § 9584.]
41.20.080
41.20.080 Pension on death before or after retirement. Whenever any member of the police department of
any such city loses his life while actually engaged in the performance of duty, or as the proximate result thereof, leaving
a surviving spouse or child or children under the age of eighteen years, upon satisfactory proof of such facts made to it,
the board shall order and direct that a pension, equal to onehalf of the amount of the salary *at any time hereafter
attached to the position which such member held in the police
department at the time of his death, shall be paid to the surviving spouse for life, or if there is no surviving spouse, or if
the surviving spouse shall die, then to the child or children
until they are eighteen years of age: PROVIDED, That if
such spouse or child or children marry, the person so marrying shall thereafter receive no further pension from the fund:
PROVIDED FURTHER, That all existing pensions shall be
increased to not less than three hundred dollars per month as
of April 25, 1973.
If any member so losing his life, leaves no spouse, or
child or children under the age of eighteen years, the board
shall pay the sum of two hundred dollars toward the funeral
[Title 41 RCW—page 92]
expenses of such member. [1973 1st ex.s. c 181 § 5; 1961 c
191 § 3; 1959 c 78 § 5; 1959 c 6 § 3; 1957 c 84 § 3; 1955 c 69
§ 6; 1937 c 24 § 3; 1915 c 40 § 3; 1909 c 39 § 7; RRS § 9585.]
*Reviser's note: The words "at any time hereafter" first appear in the
1961 amendment.
41.20.085 Pension on death before or after retirement—Surviving spouse not formerly covered—"Surviving spouse" defined. Whenever any member of the police
department of any such city shall die, or shall have heretofore
died, or whenever any such member who has been heretofore
retired or who is hereafter retired for length of service or a
disability, shall have died, or shall die, leaving a surviving
spouse or child or children under the age of eighteen years,
upon satisfactory proof of such facts made to it, the board
shall order and direct that a pension equal to one-third of the
amount of salary at any time hereafter attached to the position
held by such member in the police department at the time of
his death or retirement, not to exceed one-third of the salary
of captain, shall be paid to the surviving spouse during the
surviving spouse's life, and in addition, to the child or children, until they are eighteen years of age, as follows: For one
child, one-eighth of the salary on which such pension is
based; for two children, a total of one-seventh of said salary;
and for three or more children, a total of one-sixth of said salary: PROVIDED, If such spouse or child or children marry,
the person so marrying shall receive no further pension from
the fund. In case there is no surviving spouse, or if the surviving spouse shall die, the child or children shall be entitled to
the spouse's share in addition to the share specified herein
until they reach eighteen years of age. No spouse shall be
entitled to any payments on the death of a retired officer
unless such surviving spouse has been married to such officer
for a period of at least five years prior to the date of his retirement.
As of April 25, 1973, a surviving spouse not otherwise
covered by the provisions of section 2, chapter 78, Laws of
1959, shall be entitled to a pension of three hundred dollars
per month.
"Surviving spouse" as used in this section means surviving female or male spouse. [1973 1st ex.s. c 181 § 6; 1969
ex.s. c 209 § 26; 1961 c 140 § 1; 1959 c 78 § 2.]
41.20.085
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.20.086 Increase in certain presently payable death
benefits authorized. See RCW 41.26.260.
41.20.086
41.20.090
41.20.090 Lump sum payment on death before or
after retirement. Whenever any member of the police
department of such city shall, after five years of service in
said department, die, his surviving spouse or, if there is no
surviving spouse, the child or children under the age of eighteen years, or if there is no surviving spouse or child or children, then his parents or unmarried sister or sisters, minor
brother or brothers, dependent upon him for support, shall be
entitled to the sum of one thousand dollars from such fund.
This section to apply to members who shall have been retired,
for any reason, from active service under the provisions of
this chapter. [1959 c 78 § 6; 1937 c 24 § 4; 1915 c 40 § 4;
1911 c 18 § 4; 1909 c 39 § 8; RRS § 9586.]
(2004 Ed.)
Police Relief and Pensions in First Class Cities
Construction—1937 c 24: "Nothing contained in this act shall affect or
be construed as affecting the validity of any act done, obligation entered into,
or rights accrued, or any proceedings had or pending under the act of which
this act is amendatory." [1937 c 24 § 6; RRS § 9592-1.]
Severability—1937 c 24: "If any section or part of this act shall be held
to be unconstitutional and void, such holding shall not effect [affect] the
remaining portions of the act." [1937 c 24 § 7; RRS § 9592-2.]
41.20.100
41.20.100 Examination of disability pensioners—
Emergency duty. Any person retired for disability under
this chapter may be summoned before the board herein provided for, at any time thereafter, and shall submit himself
thereto for examination as to his fitness for duty, and shall
abide the decision and order of said board with reference
thereto; and all members of such police force who may be
retired under the provisions of this chapter, shall report to the
chief of police of such city where so retired on the first Mondays of April, July, October and January of each year; and in
cases of emergency, may be assigned to and shall perform
such duty as said chief of police may direct, and such persons
shall have no claim against such city for payment for such
duty so performed. [1909 c 39 § 9; RRS § 9587.]
41.20.110
41.20.110 Withdrawal of pension—Grounds. Whenever any person who shall have received any benefit from
said fund shall be convicted of any felony, or shall become an
habitual drunkard, or shall fail to report himself for examination for duty as required herein, unless excused by the board,
or shall disobey the requirements of said board then such
board shall order and direct that such pension or allowance
that may have been granted to such person shall immediately
cease, and such person shall receive no further pension or
allowance or benefit under this chapter, but in lieu thereof the
said pension or allowance or benefit may, at the discretion of
the board, be paid to those immediately dependent upon him,
or to his legally appointed guardian. [1937 c 24 § 5; 1909 c
39 § 10; RRS § 9588.]
Construction—Severability—1937 c 24: See notes following RCW
41.20.090.
41.20.120
41.20.120 Sick benefits. Whenever any active member
of the police department, or any member *hereafter retired,
on account of service, sickness or disability, not caused or
brought on by dissipation or abuse, of which the board shall
be judge, is confined in any hospital or in his or her home
and, whether or not so confined, requires nursing, care, or
attention, the board shall pay for the active member the necessary hospital, care, and nursing expenses of the member out
of the fund; and the board may pay for the retired member
hospital, care, and nursing expenses as are reasonable, in the
board's discretion. The board may, at its discretion, elect, in
lieu of paying some or all such expenses for the retired member, to reimburse the retired member for premiums the member has paid for medical insurance that supplements medicare, including premiums the member has paid for medicare
part B coverage. The salary of the active member shall continue while he or she is necessarily confined to the hospital or
home or elsewhere during the period of recuperation, as
determined by the board, for a period not exceeding six
months; after which period the other provisions of this chapter shall apply: PROVIDED, That the board in all cases may
have the active or retired member suffering from such sick(2004 Ed.)
41.20.150
ness or disability examined at any time by a licensed physician or physicians, to be appointed by the board, for the purpose of ascertaining the nature and extent of the sickness or
disability, the physician or physicians to report to the board
the result of the examination within three days thereafter.
Any active or retired member who refuses to submit to such
examination or examinations shall forfeit all his or her rights
to benefits under this section: PROVIDED FURTHER, That
the board shall designate the hospital and medical services
available to the sick or disabled policeman. [1992 c 22 § 2;
1961 c 191 § 4; 1959 c 78 § 7; 1955 c 69 § 7; 1915 c 40 § 5;
1911 c 18 § 6; 1909 c 39 § 13; RRS § 9591.]
*Reviser's note: The words "hereafter retired" first appear in the 1961
amendment.
41.20.130
41.20.130 Fund created. There is created in each city
subject to the provisions of this chapter a police relief and
pension fund. The fund shall be constituted as follows:
A sum equal to six percent thereof shall be deducted
monthly from the salary of each police officer by the city
treasurer and placed in the fund, but the maximum deduction
shall not exceed six percent of the monthly salary of captain.
At the time the annual tax levy of the city is made, the
city council, or other legislative body, shall order the transfer
of an amount of money into the fund, sufficient with the salary deductions, to meet the financial requirements thereof:
(1) From moneys collected or received from all licenses
issued;
(2) From fines and forfeitures collected or received in
money for violation of city ordinances. [1959 c 78 § 8; 1955
c 69 § 8; 1933 c 30 § 1; 1929 c 101 § 3; 1923 c 54 § 1; 1915
c 40 § 1; 1909 c 39 § 3; RRS § 9581.]
41.20.140
41.20.140 Pension payments monthly—Surplus to
general fund. Payments provided for in this chapter shall be
made monthly upon proper vouchers. If at any time there is
more money in the fund provided for in this chapter than is
necessary for the purposes of this chapter, then such surplus
shall be transferred from such fund to the general fund of the
city: PROVIDED, That at all times enough money shall be
kept in said fund to meet all payments provided for in this
chapter. [1911 c 18 § 7; 1909 c 39 § 14; RRS § 9592.]
41.20.150
41.20.150 Return of member's contributions—
Option to be classified as vested member. Whenever any
member affected by this chapter terminates his employment
prior to the completion of twenty-five years of service he
shall receive seventy-five percent of his contributions made
after *the effective date of this act and he shall not receive
any contributions made prior thereto: PROVIDED, That in
the case of any member who has completed twenty years of
service, such member, upon termination for any cause except
for a conviction of a felony, shall have the option of electing,
in lieu of recovery of his contributions as herein provided, to
be classified as a vested member in accordance with the following provisions:
(1) Written notice of such election shall be filed with the
board within thirty days after the effective date of such member's termination;
[Title 41 RCW—page 93]
41.20.155
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) During the period between the date of his termination
and the date upon which he becomes a retired member as
hereinafter provided, such vested member and his spouse or
dependent children shall be entitled to all benefits available
under chapter 41.20 RCW to a retired member and his spouse
or dependent children with the exception of the service retirement allowance as herein provided for: PROVIDED, That
any claim for medical coverage under RCW 41.20.120 shall
be attributable to service connected illness or injury;
(3) Any member electing to become a vested member
shall be entitled at such time as he otherwise would have
completed twenty-five years of service had he not terminated,
to receive a service retirement allowance computed on the
following basis: Two percent of the amount of salary at any
time hereafter attached to the position held by the vested
member for the year preceding the date of his termination, for
each year of service rendered prior to the date of his termination. At such time the vested member shall be regarded as a
retired member and, in addition to the retirement allowance
herein provided for, shall continue to be entitled to all such
other benefits as are by chapter 41.20 RCW made available to
retired members. [1969 c 123 § 3; 1955 c 69 § 4.]
*Reviser's note: The words "the effective date of this act" first appear
in 1955 c 69 § 4, which became effective midnight June 8, 1955.
41.20.155
41.20.155 Return of member's contributions—
Applicability. The provisions of RCW 41.20.050, 41.20.060
and 41.20.150 shall be applicable to all members employed
on June 12, 1969, and to those who shall thereafter become
members, but shall not apply to any former member who has
terminated his employment prior to June 12, 1969. [1969 c
123 § 4.]
41.20.160 Credit for membership in private organization acquired by city of first class. Any person affected
by this chapter who was a member of a police organization
operated by a private enterprise which police organization
shall be hereafter acquired before September 1, 1959, by a
city of the first class as its police department as a matter of
public convenience or necessity, where it is in the public
interest to retain the trained personnel of such police organization, shall have added to his period of employment as computed under this chapter his period of service with said private enterprise, except that this shall apply only to those persons who are in the service of such police organization at the
time of its acquisition by the city of the first class and who
remain in the service of that city until this chapter shall
become applicable to such persons.
No such person shall have added to his period of
employment as computed under this chapter his period of service with said private enterprise unless he or a third party
shall pay to the city his contribution for the period of such
service with the private enterprise, or, if he shall be entitled to
any private pension or retirement benefits as a result of such
service with the private enterprise, unless he agrees at the
time of his employment by the city to accept a reduction in
the payment of any benefits payable under this chapter that
are based in whole or in part on such added service by the
amount of those private pension or retirement benefits
received. The rate of such contribution shall be two percent
of the wage or salary of such person during that added period
41.20.160
[Title 41 RCW—page 94]
of service with the private enterprise before midnight, June 8,
1955, and four and one-half percent of such wage or salary
after midnight, June 8, 1955. Such contributions shall be paid
into the police relief and pension fund and shall be held subject to the provisions of RCW 41.20.150, except that all such
contributions shall be deemed to have been made after June
8, 1955. Such contributions may be invested in investments
permitted under chapter 35.39 RCW and may be kept
invested until required to meet payments of benefits to such
persons.
The city may receive payments for these purposes from
a third party and shall make from such payments contributions with respect to such prior service as may be necessary to
enable the police relief and pension fund to assume its obligations. [1983 c 3 § 92; 1959 c 71 § 1.]
Severability—1959 c 71: "If any provision of this act, or its application
to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not
affected." [1959 c 71 § 2.]
41.20.170
41.20.170 Transfer of membership. Any former
employee of a department of a city of the first class who (1)
was a member of the employees' retirement system of such
city, and (2) is now employed within the police department of
such city, may transfer his membership from the city employees' retirement system to the city's police relief and pension
fund system by filing a written request with the board of
administration and the board of trustees, respectively, of the
two systems.
Upon the receipt of such request, the transfer of membership to the city's police relief and pension fund system shall
be made, together with a transfer of all accumulated contributions credited to such member. The board of administration
of the city's employees' retirement system shall transmit to
the board of trustees of the city's police relief and pension
fund system a record of service credited to such member
which shall be computed and credited to such member as a
part of his period of employment in the city's police relief and
pension fund system. For the purpose of the transfer contemplated by this section, the affected individuals shall be
allowed to restore withdrawn contributions to the city
employees' retirement system and reinstate their membership
service records.
Any employee so transferring shall have all the rights,
benefits and privileges that he would have been entitled to
had he been a member of the city's police relief and pension
fund system from the beginning of his employment with the
city.
No person so transferring shall thereafter be entitled to
any other public pension, except that provided by chapter
41.26 RCW or social security, which is based upon service
with the city.
The right of any employee to file a written request for
transfer of membership as set forth herein shall expire
December 31, 1973. [1973 c 143 § 2; 1969 ex.s. c 209 § 27;
1963 c 82 § 1.]
Effective date—Severability—Construction—1969 ex.s. c 209: See
RCW 41.26.3901, 41.26.3902, and 41.26.3903.
41.20.175
41.20.175 Transfer of service credit from firemen's
pension system to city's police pension system. A former
(2004 Ed.)
Law Enforcement Chaplains
employee of a fire department of a city of the first class who
(1) was a member of the fireman's pension system created by
chapters 41.16 or 41.18 RCW, and (2) is now employed
within the police department of such city, will be regarded as
having received membership service credit for such service
to the fire department in the city's police and relief pension
system at the time he recovers such service credit by paying
withdrawn contributions to the Washington law enforcement
officers' and fire fighters' retirement system pursuant to RCW
41.26.030(14). [1974 ex.s. c 148 § 2.]
41.20.180 Exemption from taxation and judicial process—Exception—Assignability. The right of a person to a
pension, an annuity, or retirement allowance, or disability
allowance, or death benefits, or any optional benefit, or any
other right accrued or accruing to any person under the provisions of this chapter, and any fund created hereby, and all
moneys and investments and income thereof, are exempt
from any state, county, municipal, or other local tax, and shall
not be subject to execution, garnishment, attachment, the
operation of bankruptcy or insolvency laws, or other process
of law whatsoever, and shall be unassignable: PROVIDED,
That benefits under this chapter shall be payable to a spouse
or ex-spouse to the extent expressly provided for in any court
decree of dissolution or legal separation or in any court order
or court-approved property settlement agreement incident to
any court decree of dissolution or legal separation. [1979
ex.s. c 205 § 2; 1965 c 33 § 1.]
41.20.180
41.20.900 Construction—1959 c 6—Benefits retroactively authorized. The provisions of *this act are intended to
be remedial and procedural and any benefits heretofore paid
to recipients hereunder pursuant to any previous act are retroactively included and authorized as a part of *this act. [1959
c 6 § 4.]
41.20.900
*Reviser's note: "this act" appears in chapter 6, Laws of 1959, which
reenacted RCW 41.20.050, 41.20.060, and 41.20.080. These sections were
subsequently amended by chapter 78, Laws of 1959.
41.20.910 Severability—1959 c 6. If any provision of
this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1959 c 6 § 5.]
41.20.910
Chapter 41.22
Chapter 41.22 RCW
LAW ENFORCEMENT CHAPLAINS
Sections
41.22.010
41.22.020
41.22.030
41.22.040
41.22.900
Legislative findings.
Washington state patrol—Volunteer chaplain authorized.
Local law enforcement agencies—Volunteer chaplains authorized.
Volunteer chaplains—Duties.
Severability—1985 c 223.
State-employed chaplains—Housing allowance: RCW 41.04.360.
41.22.010 Legislative findings. The career of a police
officer is highly stressful, resulting in unacceptable rates of
divorce, alcoholism, low morale and suicide. The nature of
law enforcement work requires that much information be
kept confidential, unfairly burdening the emotional capacity
41.22.010
(2004 Ed.)
Chapter 41.24
of law enforcement personnel. Police officers may become
the hidden victims of society because of their daily work with
crisis.
The legislature finds that law enforcement chaplains can
provide emotional support for law enforcement personnel,
including counseling, stress management, and family life
counseling. The legislature also finds that law enforcement
chaplains can serve as a crisis intervention resource for personnel of police, fire, and corrections departments, and medical examiners or coroners. [1985 c 223 § 1.]
41.22.020
41.22.020 Washington state patrol—Volunteer chaplain authorized. The Washington state patrol may utilize the
services of a volunteer chaplain. [1985 c 223 § 2.]
41.22.030
41.22.030 Local law enforcement agencies—Volunteer chaplains authorized. The legislature authorizes local
law enforcement agencies to use the services of volunteer
chaplains associated with an agency. [1985 c 223 § 3.]
41.22.040
41.22.040 Volunteer chaplains—Duties. The duties of
a volunteer law enforcement chaplain include counseling,
training, and crises intervention for law enforcement personnel, their families and the general public. [1985 c 223 § 4.]
41.22.900
41.22.900 Severability—1985 c 223. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 223 § 5.]
Chapter 41.24 RCW
VOLUNTEER FIRE FIGHTERS' AND RESERVE
OFFICERS' RELIEF AND PENSIONS
Chapter 41.24
(Formerly: Volunteer fire fighters' relief and pensions)
Sections
41.24.010
41.24.020
41.24.030
41.24.035
41.24.040
41.24.050
41.24.060
41.24.070
41.24.080
41.24.090
41.24.100
41.24.110
41.24.120
41.24.130
41.24.140
41.24.150
41.24.160
41.24.170
41.24.172
41.24.175
41.24.176
41.24.180
41.24.185
41.24.190
Definitions.
Enrollment of fire fighters—Death, disability, retirement benefits.
Volunteer fire fighters' and reserve officers' relief and pension
principal fund created—Composition—Investment—Use—
Treasurer's report.
Legal, medical expenses—May be paid from earnings of the
principal fund and administrative fund.
Fees, when payable—Interest—Effect of nonpayment.
Emergency medical technicians or first aid vehicle operators—Restriction on retirement system membership.
Board of trustees—How constituted.
Officers of board—Record of proceedings—Forms.
Duties of board and state board—Disbursements.
Meetings.
Compelling attendance of witnesses—Oaths—Rules and regulations.
Reimbursement of physicians and medical staff.
Hearing of application for benefits—Appeal to state board.
Quorum—Vote on allowance of claims.
Guardian may be appointed.
Disability payments.
Death benefits.
Retirement pensions.
Retirement pensions—Options—Election.
Disability or retirement payments—Computation according to
latest legislative expression.
Disability or retirement payments—Construction.
Lump sum payments.
Lump sum payments—Monthly pension under fifty dollars.
Proof of service.
[Title 41 RCW—page 95]
41.24.010
41.24.200
41.24.210
41.24.220
41.24.230
41.24.240
41.24.245
41.24.250
41.24.260
41.24.270
41.24.280
41.24.290
41.24.300
41.24.310
41.24.320
41.24.330
41.24.340
41.24.400
41.24.410
41.24.430
41.24.450
41.24.460
Title 41 RCW: Public Employment, Civil Service, and Pensions
Service need not be continuous nor in a single department or
agency.
Report of accident—Time limitation for filing report and
claim.
Hospitalization, surgery, etc.
Funeral and burial expenses.
Benefits not transferable or subject to legal process—Exceptions—Chapter not exclusive.
Payments to spouse or ex spouse pursuant to court order.
State board for volunteer fire fighters and reserve officers—
Composition—Terms—Vacancies—Oath.
State board for volunteer fire fighters and reserve officers—
Meetings—Quorum.
State board for volunteer fire fighters and reserve officers—
Compensation—Travel expenses.
State board for volunteer fire fighters and reserve officers—
Attorney general is legal advisor.
State board for volunteer fire fighters and reserve officers—
Powers and duties.
State board for volunteer fire fighters and reserve officers—
Vouchers, warrants.
State board for volunteer fire fighters and reserve officers—
Secretary, duties, compensation.
State board for volunteer fire fighters and reserve officers—
State actuary to provide actuarial services.
Emergency medical service districts—Board of trustees—Creation.
Emergency medical service districts—Board of trustees—
Officers—Annual report.
Reserve officers—Enrollment—Limitations.
Reserve officers—Credit for service.
Reserve officers—Eligibility for benefit.
Reserve officers—Municipality adoption of relief benefits.
Reserve officers—Board of trustees.
Prior acts relating to volunteer firemen's relief and pensions: (1)
1935 c 121 (repealed by 1945 c 261 § 27).
(2) Benefits extended to volunteer firemen of fire protection districts:
1943 c 137.
Fire protection districts: Title 52 RCW.
Firemen's relief and pensions: Chapters 41.16, 41.18 RCW.
41.24.010
41.24.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Municipal corporation" or "municipality" includes
any county, city, town or combination thereof, fire protection
district, local law enforcement agency, or any emergency
medical service district or other special district, authorized by
law to protect life or property within its boundaries through a
fire department, emergency workers, or reserve officers.
(2) "Fire department" means any regularly organized fire
department or emergency medical service district consisting
wholly of volunteer fire fighters, or any part-paid and partvolunteer fire department duly organized and maintained by
any municipality: PROVIDED, That any such municipality
wherein a part-paid fire department is maintained may by
appropriate legislation permit the full-paid members of its
department to come under the provisions of chapter 41.16
RCW.
(3) "Fire fighter" includes any fire fighter or emergency
worker who is a member of any fire department of any
municipality but shall not include full time, paid fire fighters
who are members of the Washington law enforcement officers' and fire fighters' retirement system, with respect to periods of service rendered in such capacity.
(4) "Emergency worker" means any emergency medical
service personnel, regulated by chapters 18.71 and 18.73
RCW, who is a member of an emergency medical service district but shall not include full-time, paid emergency medical
service personnel who are members of the Washington public
[Title 41 RCW—page 96]
employees' retirement system, with respect to periods of service rendered in such capacity.
(5) "Performance of duty" or "performance of service"
shall be construed to mean and include any work in and about
company quarters, any fire station, any law enforcement
office or precinct, or any other place under the direction or
general orders of the chief or other officer having authority to
order such member to perform such work; responding to,
working at, or returning from an alarm of fire, emergency
call, or law enforcement duties; drill or training; or any work
performed of an emergency nature in accordance with the
rules and regulations of the fire department or local law
enforcement agency.
(6) "State board" means the state board for volunteer fire
fighters and reserve officers.
(7) "Board of trustees" or "local board" means: (a) For
matters affecting fire fighters, a fire fighter board of trustees
created under RCW 41.24.060; (b) for matters affecting an
emergency worker, an emergency medical service district
board of trustees created under RCW 41.24.330; or (c) for
matters affecting reserve officers, a reserve officer board of
trustees created under RCW 41.24.460.
(8) "Appropriate legislation" means an ordinance when
an ordinance is the means of legislating by any municipality,
and resolution in all other cases.
(9) "Reserve officer" means the same as defined by the
Washington state criminal justice training commission under
chapter 43.101 RCW, but shall not include full-time, paid law
enforcement officers who are members of the Washington
law enforcement officers' and fire fighters' retirement system,
with respect to periods of service rendered in such capacity.
(10) "Participant" means: (a) For purposes of relief, any
reserve officer who is or may become eligible for relief under
this chapter or any fire fighter or emergency worker; and (b)
for purposes of retirement pension, any fire fighter, emergency worker, or reserve officer who is or may become eligible to receive a benefit of any type under the retirement provisions of this chapter, or whose beneficiary may be eligible
to receive any such benefit.
(11) "Relief" means all medical, death, and disability
benefits available under this chapter that are made necessary
from death, sickness, injury, or disability arising in the performance of duty, including benefits provided under RCW
41.24.110, 41.24.150, 41.24.160, 41.24.175, 41.24.220, and
41.24.230, but does not include retirement pensions provided
under this chapter.
(12) "Retirement pension" means retirement payments
for the performance of service, as provided under RCW
41.24.170, 41.24.172, 41.24.175, 41.24.180, and 41.24.185.
(13) "Principal fund" means the volunteer fire fighters'
and reserve officers' relief and pension principal fund created
under RCW 41.24.030.
(14) "Administrative fund" means the volunteer fire
fighters' and reserve officers' administrative fund created
under RCW 41.24.030. [1999 c 148 § 1; 1995 c 11 § 1; 1993
c 331 § 1; 1989 c 91 § 8; 1970 ex.s. c 6 § 18; 1955 c 263 § 1;
1945 c 261 § 1; Rem. Supp. 1945 § 9578-15.]
Effective date—1989 c 91: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 91 § 27.]
(2004 Ed.)
Volunteer Fire Fighters' and Reserve Officers' Relief and Pensions
Construction—Saving—1955 c 263: "Any provisions of chapter
41.24 RCW inconsistent with the provisions of this act are hereby repealed:
PROVIDED, That such repeal shall not affect any act or proceeding had or
pending, under such provision repealed, but the same shall be construed and
prosecuted as though such provision had not been repealed." [1955 c 263 §
12.]
Severability—1945 c 261: "If any provision of this act, or the application thereof to any person or circumstance, is held invalid, the remainder of
the act, and the application of such provision to other persons or circumstances, shall not be affected thereby. If any section, subsection, sentence,
clause or phrase of this act is for any reason held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of this act. The
legislature hereby declares that it would have passed this act and each section, subsection, clause and phrase thereof irrespective of the fact that any
one or more of the other sections, subsections, sentences, clauses and phrases
be declared unconstitutional." [1945 c 261 § 26.]
Construction—Saving—1945 c 261: "Chapter 121, Laws of 1935
(sections 9578-1 to 9578-11, inclusive, Remington's Revised Statutes, also
Pierce's Perpetual Code 773-37 to -57), is hereby repealed: PROVIDED,
That such repeal shall not be construed as affecting any act done or right
acquired, or obligation incurred, or proceedings had or pending, under said
act repealed, but the same shall be continued and prosecuted as though such
act had not been repealed." [1945 c 261 § 27.]
Fire protection district having full paid fire department: RCW 41.16.240.
41.24.020
41.24.020 Enrollment of fire fighters—Death, disability, retirement benefits. (1) Every municipal corporation maintaining and operating a regularly organized fire
department shall make provision by appropriate legislation
for the enrollment of every fire fighter under the relief provisions of this chapter for the purpose of providing protection
for all its fire fighters and their families from death, sickness,
injury, or disability arising in the performance of their duties
as fire fighters. Nothing in this chapter shall prohibit any
municipality from providing such additional protection for
relief as it may deem proper.
(2) Any municipal corporation maintaining and operating a regularly organized fire department may make provision by appropriate legislation allowing any member of its
fire department to enroll under the retirement pension provisions of this chapter.
(3) Every municipal corporation shall make provisions
for the collection and payment of the fees provided under this
chapter, and shall continue to make such provisions for all
fire fighters who come under this chapter as long as they shall
continue to be members of its fire department. [1999 c 148 §
2; 1989 c 91 § 9; 1945 c 261 § 2; Rem. Supp. 1945 § 957816.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.030
41.24.030 Volunteer fire fighters' and reserve officers' relief and pension principal fund created—Composition—Investment—Use—Treasurer's report. (1) The volunteer fire fighters' and reserve officers' relief and pension
principal fund is created in the state treasury as a trust fund
for the benefit of the participants covered by this chapter consisting of:
(a) All bequests, fees, gifts, emoluments, or donations
given or paid to the fund.
(b) An annual fee for each member of its fire department
to be paid by each municipal corporation for the purpose of
affording relief provided in this chapter for fire fighters as
follows:
(2004 Ed.)
41.24.030
(i) Ten dollars for each volunteer or part-paid member of
its fire department;
(ii) A sum equal to one and one-half of one percent of the
annual salary attached to the rank of each full-paid member
of its fire department, prorated for 1970 on the basis of services prior to March 1, 1970.
(c) An annual fee for each emergency worker of an emergency medical service district paid by the district that is sufficient to pay the full costs of covering the emergency worker
under the relief provisions of this chapter, including operating expenses. The state board shall determine the amount of
this fee based on the latest actuarial valuation of the system.
(d) Where a municipal corporation has elected to make
relief provisions of this chapter available to its reserve officers, an annual fee for each reserve officer paid by the municipal corporation that is sufficient to pay the full costs of covering the reserve officer under the relief provisions of this
chapter, including operating expenses. The state board shall
determine the amount of this fee based on the latest actuarial
valuation of the system.
(e) Where a municipal corporation has elected to make
the retirement pension provisions of this chapter available to
members of its fire department, an annual fee of sixty dollars
for each of its fire fighters electing to enroll, thirty dollars of
which shall be paid by the municipality and thirty dollars of
which shall be paid by the fire fighter. However, nothing in
this section prohibits any municipality from voluntarily paying the fire fighters' fee for this retirement pension coverage.
(f) Where an emergency medical service district has
elected to make the retirement pension provisions of this
chapter available to its emergency workers, for each emergency worker electing to enroll: (i) An annual fee of thirty
dollars shall be paid by the emergency worker; and (ii) an
annual fee paid by the emergency medical service district
that, together with the thirty-dollar fee per emergency
worker, is sufficient to pay the full costs of covering the
emergency worker under the retirement pension benefits provided under this chapter, including operating expenses. The
state board shall determine the amount of this fee based on
the latest actuarial valuation of the system. However, nothing
in this section prohibits any emergency medical service district from voluntarily paying the emergency workers' fees for
this retirement pension coverage.
(g) Where a municipal corporation has elected to make
the retirement pension provisions of this chapter available to
its reserve officers, for each reserve officer electing to enroll:
(i) An annual fee of thirty dollars shall be paid by the reserve
officer; and (ii) an annual fee paid by the municipal corporation that, together with the thirty-dollar fee per reserve
officer, is sufficient to pay the full costs of covering the
reserve officer under the retirement pension benefits provided under this chapter, including operating expenses. The
state board shall determine the amount of this fee based on
the latest actuarial valuation of the system. However, nothing
in this section prohibits any municipal corporation from voluntarily paying the reserve officers' fees for this retirement
pension coverage.
(h) Moneys transferred from the administrative fund, as
provided under subsection (4) of this section, which may only
be used to pay relief and retirement pensions for fire fighters.
[Title 41 RCW—page 97]
41.24.035
Title 41 RCW: Public Employment, Civil Service, and Pensions
(i) Earnings from the investment of moneys in the principal fund.
(2) The state investment board, upon request of the state
treasurer shall have full power to invest, reinvest, manage,
contract, sell, or exchange investments acquired from that
portion of the amounts credited to the principal fund as is not,
in the judgment of the state board, required to meet current
withdrawals. Investments shall be made in the manner prescribed by RCW 43.84.150 and not otherwise.
All bonds, investments, or other obligations purchased
by the state investment board shall be placed in the custody of
the state treasurer, and he or she shall collect the principal
thereof and interest thereon when due.
The state investment board may sell any of the bonds,
investments, or obligations so acquired and the proceeds
thereof shall be paid to the state treasurer.
(3) The interest, earnings, and proceeds from the sale and
redemption of any investments held by the principal fund and
invested by the state investment board shall be credited to and
form a part of the principal fund, less the allocation to the
state investment board expense account pursuant to RCW
43.33A.160.
Subject to restrictions contained in this chapter, all
amounts credited to the principal fund shall be available for
making the benefit payments required by this chapter.
The state treasurer shall make an annual report showing
the condition of the fund.
(4) The volunteer fire fighters' and reserve officers'
administrative fund is created in the state treasury. Moneys in
the fund, including unanticipated revenues under RCW
43.79.270, may be spent only after appropriation, and may be
used only for operating expenses of the volunteer fire fighters' and reserve officers' relief and pension principal fund, the
operating expenses of the volunteer fire fighters' and reserve
officers' administrative fund, or for transfer from the administrative fund to the principal fund.
(a) Forty percent of all moneys received by the state
from taxes on fire insurance premiums shall be paid into the
state treasury and credited to the administrative fund.
(b) The state board shall compute a percentage of the
amounts credited to the administrative fund to be paid into
the principal fund.
(c) For the purpose of providing amounts to be used to
defray the cost of administration of the principal and administrative funds, the state board shall ascertain at the beginning
of each biennium and request from the legislature an appropriation from the administrative fund sufficient to cover estimated expenses for the biennium. [1999 c 148 § 3. Prior:
1995 c 45 § 1; 1995 c 11 § 3; 1992 c 97 § 1; 1991 sp.s. c 13 §
98; prior: 1989 c 194 § 1; 1989 c 91 § 1; 1986 c 296 § 4; 1982
1st ex.s. c 35 § 17; 1981 c 3 § 26; 1973 1st ex.s. c 170 § 1;
1970 ex.s. c 6 § 19; 1967 c 160 § 2; 1957 c 116 § 1; 1955 c
223 § 1; 1945 c 261 § 3; Rem. Supp. 1945 § 9578-17; prior:
1935 c 121 § 1; RRS § 9578-1.]
Effective date—1992 c 97: "This act shall take effect July 1, 1992."
[1992 c 97 § 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1989 c 194 §§ 1, 2, and 3: "Sections 1, 2, and 3 of this
act are necessary for the immediate preservation of the public peace, health,
[Title 41 RCW—page 98]
and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1989." [1989 c 194 § 4.]
Effective date—1989 c 91: See note following RCW 41.24.010.
Severability—Effective date—1986 c 296: See notes following RCW
48.14.020.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Effective date—1973 1st ex.s. c 170: "This 1973 amendatory act shall
take effect on July 1, 1973." [1973 1st ex.s. c 170 § 5.]
Insurance premium taxes: RCW 48.14.020.
41.24.035
41.24.035 Legal, medical expenses—May be paid
from earnings of the principal fund and administrative
fund. The state board is authorized to pay from the earnings
of the principal fund and administrative fund lawful obligations of the system for legal expenses and medical expenses
which expenses are primarily incurred for the purpose of protecting the principal fund or are incurred in compliance with
statutes governing such funds.
The term "legal expense" includes, but is not limited to,
legal services provided through the legal services revolving
fund, fees for expert witnesses, travel expenses, fees for court
reporters, cost of transcript preparation, and reproduction of
documents.
The term "medical costs" includes, but is not limited to,
expenses for the medical examination or reexamination of
members or retirees, the costs of preparation of medical
reports, and fees charged by medical professionals for attendance at discovery proceedings or hearings. [1999 c 148 § 4;
1989 c 194 § 2.]
Effective date—1989 c 194 §§ 1, 2, and 3: See note following RCW
41.24.030.
41.24.040
41.24.040 Fees, when payable—Interest—Effect of
nonpayment. On or before the first day of March of each
year, every municipality shall pay such amount as shall be
due from it to the principal fund, together with the amounts
collected from the participants. A participant shall not forfeit
his or her right to participate in the relief provisions of this
chapter by reason of the municipal corporation failing to pay
the amount due from it. A participant shall not forfeit his or
her right to participate in the retirement pension provisions of
this chapter until after March 1st of the year in which the
municipality fails to make the required payments. Where a
municipality has failed to pay or remit the annual fees
required within the time provided, such delinquent payment
shall bear interest at the rate of one percent per month from
March 1st until paid or remitted. Where a participant has forfeited his or her right to participate in the retirement provisions of this chapter that participant may be reinstated so as to
participate to the same extent as if all fees had been paid by
the payment of all back fees with interest at the rate of one
percent per month provided he or she has at all times been
otherwise eligible. [1999 c 148 § 5; 1995 c 11 § 5; 1989 c 91
§ 10; 1945 c 261 § 4; Rem. Supp. 1945 § 9578-18. Prior:
1935 c 121 § 10; RRS § 9578-10.]
Effective date—1989 c 91: See note following RCW 41.24.010.
(2004 Ed.)
Volunteer Fire Fighters' and Reserve Officers' Relief and Pensions
41.24.050
41.24.050 Emergency medical technicians or first aid
vehicle operators—Restriction on retirement system
membership. No person serving as an emergency medical
technician or first aid vehicle operator under chapter 18.73
RCW shall be permitted to join the law enforcement officers'
and fire fighters' retirement system solely on the basis of such
service. In no case shall the membership of any fire department coming under the provisions of this chapter be limited
to less than fifteen fire fighters. [2002 c 11 § 1; 1989 c 91 §
11; 1975-'76 2nd ex.s. c 67 § 1; 1945 c 261 § 5; Rem. Supp.
1945 § 9578-19. Prior: 1935 c 121 § 9; RRS § 9578-9.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.060
41.24.060 Board of trustees—How constituted. A fire
fighter board of trustees is created and established to administer this chapter in every municipal corporation maintaining
a regularly organized fire department. A fire fighter board of
trustees shall consist of the mayor, city clerk or comptroller,
and one councilmember of such municipality, the chief of the
fire department, and one member of the fire department to be
elected by the members of such fire department for a term of
one year and annually thereafter. Where a municipality is
governed by a board, the chair, one member of the board, and
the secretary or clerk thereof shall serve as members of the
fire fighter board of trustees in lieu of the mayor, clerk or
comptroller, and councilmember. [1999 c 148 § 6; 1981 c
213 § 7; 1945 c 261 § 6; 1943 c 137 § 2; Rem. Supp. 1945 §
9578-20. Prior: 1935 c 121 § 2; RRS § 9578-2.]
41.24.070
41.24.070 Officers of board—Record of proceedings—Forms. The mayor or chair of the board or commission of any municipality with a fire department, or his or her
designee, shall be chair of the fire fighter board of trustees,
and the clerk or comptroller or secretary of any such municipality, board, or commission, or his or her designee, shall be
the secretary-treasurer of the board of trustees.
The secretary shall keep a public record of all proceedings and of all receipts and disbursements made by the board
of trustees, shall make an annual report of its expenses and
disbursements with a full list of the beneficiaries of the principal fund in the municipality, and shall make all required
reports to the state board. The state board shall provide all
necessary forms to fire fighter boards of trustees. [1999 c 148
§ 7; 1969 c 118 § 1; 1945 c 261 § 7; Rem. Supp. 1945 § 957821. Prior: 1935 c 121 § 3; RRS § 9578-3.]
41.24.080
41.24.080 Duties of board and state board—Disbursements. The board of trustees of each municipal corporation shall provide for enrollment of all members of its fire
department under the relief provisions of this chapter; provide for enrollment of all its reserve officers under the relief
provisions of this chapter if it has extended these relief provisions to its reserve officers; receive all applications for the
enrollment under the retirement pension provisions of this
chapter when the municipality has extended these retirement
pension provisions to its fire fighters or reserve officers; provide for disbursements of relief; determine the eligibility of
fire fighters and reserve officers for retirement pensions; and
pass on all claims and direct payment thereof from the principal fund to those entitled thereto. Vouchers shall be issued to
(2004 Ed.)
41.24.110
the persons entitled thereto by the local board. It shall send to
the state board, after each meeting, a voucher for each person
entitled to payment from the principal fund, stating the
amount of such payment and for what granted, which
voucher shall be certified and signed by the chair and secretary of the local board. The state board, after review and
approval, shall cause a warrant to be issued on the principal
fund for the amount specified and approved on each voucher.
However, in retirement pension cases after the applicant's eligibility for pension is verified, the state board shall authorize
the regular issuance of monthly warrants or electronic transfers of funds in payment of the retirement pension without
further action of the board of trustees of any such municipality. [1999 c 148 § 8; 1989 c 91 § 12; 1969 c 118 § 2; 1955 c
263 § 9; 1945 c 261 § 8; Rem. Supp. 1945 § 9578-22. Prior:
1935 c 121 § 2; RRS § 9578-2.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.090
41.24.090 Meetings. A board of trustees shall meet on
the call of its chair on a regular monthly meeting day when
there is business to come before it. The chair shall be required
to call a meeting on any regular meeting day at the request of
any member of the fund or his or her beneficiary claiming
any relief or retirement pension. [1999 c 148 § 9; 1945 c 261
§ 9; Rem. Supp. 1945 § 9578-23.]
41.24.100
41.24.100 Compelling attendance of witnesses—
Oaths—Rules and regulations. The board of trustees
herein, in addition to other powers herein granted, shall have
power to compel the attendance of witnesses to testify before
it on all matters connected with the operation of this chapter,
and its chairman or any member of said board may administer
oaths to such witnesses; to make all necessary rules and regulations for its guidance in conformity with the provisions of
this chapter: PROVIDED, HOWEVER, That no compensation or emoluments shall be paid to any member of said board
of trustees for any duties performed under this chapter as
such trustees. [1945 c 261 § 10; Rem. Supp. 1945 § 9578-24.
Prior: 1935 c 121 § 2; RRS § 9578-2.]
41.24.110
41.24.110 Reimbursement of physicians and medical
staff. The local board shall make provisions for reimbursing
regularly licensed practicing physicians and other medical
staff who examine participants making application for membership. Physicians and other medical staff shall perform
such services and operations and render all medical aid and
care necessary for the recovery and treatment of participants
on account of injury, sickness, or disability received while in
the performance of duties and shall be paid for these services
from the principal fund, but not in excess of the schedule of
fees for like services approved by the director of labor and
industries under Title 51 RCW. A physician or other medical
staff, who is not approved by the local board, shall not
receive or be entitled to any compensation from the principal
fund as the private or attending physician or other private or
attending medical staff of any participant. A person shall not
have any right of action against the local board for the negligence of any physician or other medical staff who is reimbursed from the principal fund. Any physician or other medical staff who is reimbursed from the principal fund for pro[Title 41 RCW—page 99]
41.24.120
Title 41 RCW: Public Employment, Civil Service, and Pensions
viding service or care for a participant shall report his or her
findings in writing to the local board and the state board.
[1999 c 148 § 10; 1989 c 91 § 13; 1953 c 253 § 6; 1949 c 145
§ 1; 1945 c 261 § 11; Rem. Supp. 1949 § 9578-25. Prior:
1935 c 121 § 2; RRS § 9578-2.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.120
41.24.120 Hearing of application for benefits—
Appeal to state board. The local board shall initially hear
and decide all applications for relief or retirement pensions
under this chapter, subject to review by, or appeal by the
proper person to, the state board where decision on such
review or appeal shall be final and conclusive. [1999 c 148 §
11; 1969 c 118 § 3; 1955 c 263 § 10; 1945 c 261 § 12; Rem.
Supp. 1945 § 9578-27. Prior: 1935 c 121 § 2; RRS § 9578-2.]
41.24.130
41.24.130 Quorum—Vote on allowance of claims. A
majority of the board of trustees shall constitute a quorum,
and no business shall be transacted when a majority is not
present, and no claim shall be allowed where a majority of the
board has not voted favorably thereon. [1945 c 261 § 13;
Rem. Supp. 1945 § 9578-27. Prior: 1935 c 121 § 2; RRS §
9578-2.]
41.24.140
41.24.140 Guardian may be appointed. A local board
may appoint a guardian whenever and wherever the claim of
a participant or his or her beneficiary would, in the opinion of
the local board, be best served by the appointment. The local
board shall have full power to make and direct the payments
under this chapter to any person entitled to the payments
without the necessity of any guardianship or administration
proceedings, when in its judgment, it shall determine it to be
for the best interests of the beneficiary. [1999 c 148 § 12;
1989 c 91 § 14; 1945 c 261 § 14; Rem. Supp. 1945 § 9578-28.
Prior: 1935 c 121 § 2; RRS § 9578-2.]
Effective date—1989 c 91: See note following RCW 41.24.010.
participant has a wife or husband and/or a child or children
unemancipated or under eighteen years of age, he or she is
entitled to draw from the fund monthly the additional sums of
two hundred fifty-five dollars because of the fact of his wife
or her husband, and one hundred ten dollars because of the
fact of each child unemancipated or under eighteen years of
age, all to a total maximum amount of two thousand five hundred fifty dollars.
(b) Beginning on July 1, 2001, and each July 1st thereafter, the compensation amounts specified in (a)(ii) of this subsection shall be readjusted to reflect the percentage change in
the consumer price index, calculated as follows: The index
for the calendar year preceding the year in which the July calculation is made, to be known as "calendar year A," is divided
by the index for the calendar year preceding calendar year A,
and the resulting ratio is multiplied by the compensation
amount in effect on June 30th immediately preceding the July
1st on which the respective calculation is made. For the purposes of this subsection, "index" means the same as the definition in RCW 2.12.037(1).
(2) The state board may at any time reopen the grant of
such disability pension if the pensioner is gainfully
employed, and may reduce it in the proportion that the annual
income from such gainful employment bears to the annual
income received by the pensioner at the time of his or her disability.
(3) Where a participant sustains a permanent partial disability the state board may provide that the injured participant
receive a lump sum compensation therefor to the same extent
as is provided for permanent partial disability under the
workers' compensation act under Title 51 RCW in lieu of
such monthly disability payments. [2001 c 134 § 1; 1999 c
148 § 13; 1996 c 57 § 1; 1989 c 91 § 2; 1987 c 185 § 10; 1986
c 163 § 1; 1981 c 21 § 1; 1975-'76 2nd ex.s. c 76 § 1; 1969 c
118 § 4; 1965 c 86 § 1; 1957 c 159 § 1; 1953 c 253 § 1; 1945
c 261 § 15; Rem. Supp. 1945 § 9578-29. Prior: 1935 c 121 §
4; RRS § 9578-4.]
*Reviser's note: 1999 c 148 § 13 deleted "hereinafter."
41.24.150
41.24.150 Disability payments. (1)(a) Whenever a participant becomes physically or mentally disabled, injured, or
sick, in consequence or as the result of the performance of his
or her duties, so as to be wholly prevented from engaging in
each and every duty of his or her regular occupation, business, or profession, he or she shall be paid from the principal
fund monthly, an amount (i) equal to his or her monthly wage
as certified by the local board or (ii) two thousand five hundred fifty dollars, whichever is less, for a period not to exceed
six months, or an amount equal to his or her daily wage as
certified by the local board or eighty-five dollars, whichever
is less, per day for such period as is part of a month, after
which period, if the member is incapacitated to such an extent
that he or she is thereby prevented from engaging in any
occupation or performing any work for compensation or
profit or if the member sustained an injury after October 1,
1978, which resulted in the loss or paralysis of both legs or
arms, or one leg and one arm, or total loss of eyesight, but
such injury has not prevented the member from engaging in
an occupation or performing work for compensation or profit,
he or she is entitled to draw from the fund monthly, the sum
of one thousand two hundred seventy-five dollars so long as
the disability continues, except as *provided. However, if the
[Title 41 RCW—page 100]
Effective date—2001 c 134: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 2, 2001]." [2001 c 134 § 3.]
Effective date—1996 c 57: "This act shall take effect July 1, 1996."
[1996 c 57 § 3.]
Effective date—1989 c 91: See note following RCW 41.24.010.
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Effective date—1981 c 21: "This amendatory act shall take effect July
1, 1981." [1981 c 21 § 6.]
Severability—1981 c 21: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 21 § 5.]
41.24.160
41.24.160 Death benefits. (1)(a) Whenever a participant dies as the result of injuries received, or sickness contracted in consequence or as the result of the performance of
his or her duties, the board of trustees shall order and direct
the payment from the principal fund of (i) the sum of one
hundred fifty-two thousand dollars to his widow or her widower, or if there is no widow or widower, then to his or her
dependent child or children, or if there is no dependent child
(2004 Ed.)
Volunteer Fire Fighters' and Reserve Officers' Relief and Pensions
or children, then to his or her dependent parents or either of
them, or if there are no dependent parents or parent, then the
death benefit shall be paid to the member's estate, and (ii)(A)
the sum of one thousand two hundred seventy-five dollars per
month to his widow or her widower during his or her life
together with the additional monthly sum of one hundred ten
dollars for each child of the member, unemancipated or under
eighteen years of age, dependent upon the member for support at the time of his or her death, (B) to a maximum total of
two thousand five hundred fifty dollars per month.
(b) Beginning on July 1, 2001, and each July 1st thereafter, the compensation amount specified in (a)(ii)(B) of this
subsection shall be readjusted to reflect the percentage
change in the consumer price index, calculated as follows:
The index for the calendar year preceding the year in which
the July calculation is made, to be known as "calendar year
A," is divided by the index for the calendar year preceding
calendar year A, and the resulting ratio is multiplied by the
compensation amount in effect on June 30th immediately
preceding the July 1st on which the respective calculation is
made. For the purposes of this subsection, "index" means the
same as the definition in RCW 2.12.037(1).
(2) If the widow or widower does not have legal custody
of one or more dependent children of the deceased participant
or if, after the death of the participant, legal custody of such
child or children passes from the widow or widower to
another person, any payment on account of such child or children not in the legal custody of the widow or widower shall
be made to the person or persons having legal custody of such
child or children. Such payments on account of such child or
children shall be subtracted from the amount to which such
widow or widower would have been entitled had such widow
or widower had legal custody of all the children and the
widow or widower shall receive the remainder after such payments on account of such child or children have been subtracted. If there is no widow or widower, or the widow or
widower dies while there are children, unemancipated or
under eighteen years of age, then the amount of one thousand
two hundred seventy-five dollars per month shall be paid for
the youngest or only child together with an additional one
hundred ten dollars per month for each additional of such
children to a maximum of two thousand five hundred fifty
dollars per month until they become emancipated or reach the
age of eighteen years; and if there are no widow or widower,
child, or children entitled thereto, then to his or her parents or
either of them the sum of one thousand two hundred seventyfive dollars per month for life, if it is proved to the satisfaction of the board that the parents, or either of them, were
dependent on the deceased for their support at the time of his
or her death. In any instance in subsections (1) and (2) of this
section, if the widow or widower, child or children, or the
parents, or either of them, marries while receiving such pension the person so marrying shall thereafter receive no further
pension from the fund.
(3) In the case provided for in this section, the monthly
payment provided may be converted in whole or in part into
a lump sum payment, not in any case to exceed twelve thousand dollars, equal or proportionate, as the case may be, to the
actuarial equivalent of the monthly payment in which event
the monthly payments shall cease in whole or in part accordingly or proportionately. Such conversion may be made
(2004 Ed.)
41.24.170
either upon written application to the state board and shall
rest in the discretion of the state board; or the state board is
authorized to make, and authority is given it to make, on its
own motion, lump sum payments, equal or proportionate, as
the case may be, to the value of the annuity then remaining in
full satisfaction of claims due to dependents. Within the rule
under this subsection the amount and value of the lump sum
payment may be agreed upon between the applicant and the
state board. [2001 c 134 § 2. Prior: 1999 c 148 § 14; 1999 c
117 § 5; 1998 c 151 § 1; 1996 c 57 § 2; 1989 c 91 § 3; 1986 c
163 § 2; 1981 c 21 § 2; 1975-'76 2nd ex.s. c 76 § 2; 1973 1st
ex.s. c 154 § 74; 1965 c 86 § 2; 1961 c 57 § 1; 1957 c 159 §
2; 1953 c 253 § 2; 1951 c 103 § 2; 1945 c 261 § 16; Rem.
Supp. 1945 § 9578-30; prior: 1935 c 121 § 6; RRS § 9578-6.]
Effective date—2001 c 134: See note following RCW 41.24.150.
Effective date—1998 c 151: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 25, 1998]." [1998 c 151 § 2.]
Effective date—1996 c 57: See note following RCW 41.24.150.
Effective date—1989 c 91: See note following RCW 41.24.010.
Effective date—Severability—1981 c 21: See notes following RCW
41.24.150.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
41.24.170
41.24.170 Retirement pensions. Except as provided in
RCW 41.24.410, whenever any participant has been a member and served honorably for a period of ten years or more as
an active member in any capacity, of any regularly organized
fire department or law enforcement agency of any municipality in this state, and which municipality has adopted appropriate legislation allowing its fire fighters or reserve officers to
enroll in the retirement pension provisions of this chapter,
and the participant has enrolled under the retirement pension
provisions and has reached the age of sixty-five years, the
board of trustees shall order and direct that he or she be
retired and be paid a monthly pension from the principal fund
as provided in this section.
Whenever a participant has been a member, and served
honorably for a period of twenty-five years or more as an
active member in any capacity, of any regularly organized
volunteer fire department or law enforcement agency of any
municipality in this state, and he or she has reached the age of
sixty-five years, and the annual retirement fee has been paid
for a period of twenty-five years, the board of trustees shall
order and direct that he or she be retired and such participant
be paid a monthly pension of three hundred dollars from the
fund for the balance of that participant's life.
Whenever any participant has been a member, and
served honorably for a period of twenty-five years or more as
an active member in any capacity, of any regularly organized
volunteer fire department or law enforcement agency of any
municipality in this state, and the participant has reached the
age of sixty-five years, and the annual retirement fee has been
paid for a period of less than twenty-five years, the board of
trustees shall order and direct that he or she be retired and that
such participant shall receive a minimum monthly pension of
fifty dollars increased by the sum of ten dollars each month
for each year the annual fee has been paid, but not to exceed
the maximum monthly pension provided in this section, for
the balance of the participant's life.
[Title 41 RCW—page 101]
41.24.172
Title 41 RCW: Public Employment, Civil Service, and Pensions
No pension provided in this section may become payable
before the sixty-fifth birthday of the participant, nor for any
service less than twenty-five years: PROVIDED, HOWEVER, That:
(1) Any participant, who is older than fifty-nine years of
age, less than sixty-five years of age, and has completed
twenty-five years or more of service may irrevocably elect a
reduced monthly pension in lieu of the pension that participant would be entitled to under this section at age sixty-five.
The participant who elects this option shall receive the
reduced pension for the balance of his or her life. The
reduced monthly pension is calculated as a percentage of the
pension the participant would be entitled to at age sixty-five.
The percentage used in the calculation is based upon the age
of the participant at the time of retirement as follows:
Age 60
Age 61
Age 62
Age 63
Age 64
Sixty percent
Sixty-eight percent
Seventy-six percent
Eighty-four percent
Ninety-two percent
(2) If a participant is age sixty-five or older but has less
than twenty-five years of service, the participant is entitled to
a reduced benefit. The reduced benefit shall be computed as
follows:
(a) Upon completion of ten years, but less than fifteen
years of service, a monthly pension equal to twenty percent
of such pension as the participant would have been entitled to
receive at age sixty-five after twenty-five years of service;
(b) Upon completion of fifteen years, but less than
twenty years of service, a monthly pension equal to thirtyfive percent of such pension as the participant would have
been entitled to receive at age sixty-five after twenty-five
years of service; and
(c) Upon completion of twenty years, but less than
twenty-five years of service, a monthly pension equal to seventy-five percent of such pension as the participant would
have been entitled to receive at age sixty-five after twentyfive years of service.
(3) If a participant with less than twenty-five years of
service elects to retire after turning age sixty but before turning age sixty-five, the participant's retirement allowance is
subject:
(a) First to the reduction under subsection (2) of this section based upon the participant's years of service; and
(b) Second to the reduction under subsection (1) of this
section based upon the participant's age. [2003 c 62 § 1.
Prior: 1999 c 148 § 15; 1999 c 117 § 4; 1995 c 11 § 7; 1992
c 97 § 2; 1989 c 91 § 4; 1981 c 21 § 4; 1979 ex.s. c 157 § 1;
1973 1st ex.s. c 170 § 2; 1969 c 118 § 5; 1961 c 57 § 2; 1953
c 253 § 3; 1951 c 103 § 1; 1945 c 261 § 17; Rem. Supp. 1945
§ 9578-31.]
Effective date—2003 c 62: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 62 § 3.]
Effective date—1992 c 97: See note following RCW 41.24.030.
Effective date—1989 c 91: See note following RCW 41.24.010.
Effective date—Severability—1981 c 21: See notes following RCW
41.24.150.
[Title 41 RCW—page 102]
Effective date—1973 1st ex.s. c 170: See note following RCW
41.24.030.
41.24.172
41.24.172 Retirement pensions—Options—Election. Before beginning to receive the retirement pension provided for in RCW 41.24.170, the participant shall elect, in a
writing filed with the state board, to have the retirement pension paid under either option 1 or 2, with option 2 calculated
so as to be actuarially equivalent to option 1.
(1) Option 1. A participant electing this option shall
receive a monthly pension payable throughout the participant's life. However, if the participant dies before the total
retirement pension paid to the participant equals the amount
paid on behalf of the participant into the principal fund, then
the balance shall be paid to the participant's surviving spouse,
or if there be no surviving spouse, then to the participant's
legal representatives.
(2) Option 2. A participant electing this option shall
receive a reduced monthly pension, which upon the participant's death shall be continued throughout the life of and paid
to the participant's surviving spouse named in the written
election filed with the state board, however, in the event that
the surviving spouse dies before the participant, the participant's monthly retirement allowance shall increase, effective
the first day of the following month, to the monthly amount
that would have been received had the participant elected
option 1. [1999 c 148 § 16; 1999 c 117 § 6; 1995 c 11 § 9;
1989 c 91 § 6.]
Reviser's note: This section was amended by 1999 c 117 § 6 and by
1999 c 148 § 16, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.175
41.24.175 Disability or retirement payments—Computation according to latest legislative expression. Payments to persons who are now receiving, or who may hereafter receive any disability or retirement payments under the
provisions of chapter 41.24 RCW shall be computed in accordance with the last act enacted by the legislature relative
thereto: PROVIDED HOWEVER, That nothing herein contained shall be construed as reducing the amount of any pension to which any fire fighter shall have been eligible to
receive under the provisions of section 1, chapter 103, Laws
of 1951. [1989 c 91 § 15; 1959 c 9 § 1.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.176
41.24.176 Disability or retirement payments—Construction. The provisions of *this act are intended to be
remedial and procedural and any benefits heretofore paid to
recipients hereunder pursuant to any previous act are retroactively included and authorized as part of *this act. [1959 c 9
§ 2.]
*Reviser's note: "this act" appears in 1959 c 9, which is codified as
RCW 41.24.175 and 41.24.176.
41.24.180
41.24.180 Lump sum payments. The board of trustees
of any municipal corporation shall direct payment from the
principal fund in the following cases:
(1) To any participant, upon his or her request, upon
attaining the age of sixty-five years, who, for any reason, is
(2004 Ed.)
Volunteer Fire Fighters' and Reserve Officers' Relief and Pensions
not qualified to receive the monthly retirement pension provided under this chapter and who was enrolled in the retirement provisions and on whose behalf annual fees for retirement pension were paid, a lump sum amount equal to the
amount paid into the fund by the participant.
(2) If any participant who has not completed at least ten
years of service dies without having requested a lump sum
payment under subsection (1) or (3) of this section, there
shall be paid to the participant's surviving spouse, or if there
be no surviving spouse, then to such participant's legal representatives, a lump sum amount equal to the amount paid into
the fund by the participant. If any participant who has completed at least ten years of service dies other than as the result
of injuries received or sickness contracted in consequence or
as the result of the performance of his or her duties, without
having requested a lump sum payment under subsection (1)
or (3) of this section and before beginning to receive the
monthly pension provided for in this chapter, the participant's
surviving spouse shall elect to receive either:
(a) A monthly pension computed as provided for in
RCW 41.24.170 actuarially adjusted to reflect option 2 of
RCW 41.24.172 and further actuarially reduced to reflect the
difference in the number of years between the participant's
age at death and age sixty-five; or
(b) A lump sum amount equal to the amount paid into the
principal fund by the participant and the municipality or
municipalities in whose department he or she has served.
If there be no such surviving spouse, then there shall be
paid to the participant's legal representatives a lump sum
amount equal to the amount paid into the fund by the participant.
(3) If any participant retires from service before attaining
the age of sixty-five years, the participant may make application for the return in a lump sum of the amount paid into the
fund by himself or herself. [1999 c 148 § 17; 1989 c 91 § 5;
1975-'76 2nd ex.s. c 76 § 3; 1974 ex.s. c 26 § 1. Prior: 1973
1st ex.s. c 170 § 3; 1973 1st ex.s. c 154 § 75; 1961 c 57 § 3;
1945 c 261 § 18; Rem. Supp. 1945 § 9578-22.]
Effective date—1989 c 91: See note following RCW 41.24.010.
Effective date—1973 1st ex.s. c 170: See note following RCW
41.24.030.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Conversion of death benefits to lump sum: RCW 41.24.160.
41.24.210
41.24.190
41.24.190 Proof of service. The filing of reports of
enrollment shall be prima facie evidence of the service of the
participants therein listed for the year of such report as to service rendered subsequent to July 6, 1945. Proof of service of
fire fighters [participants] prior to that date shall be by documentary evidence, or such other evidence reduced to writing
and sworn to under oath, as shall be submitted to the state
board and certified by it as sufficient. [1995 c 11 § 11; 1989
c 91 § 16; 1969 c 118 § 6; 1953 c 253 § 4; 1945 c 261 § 19;
Rem. Supp. 1945 § 9578-33.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.200
41.24.200 Service need not be continuous nor in a
single department or agency. The aggregate term of service
of any participant need not be continuous nor need it be confined to a single fire department or law enforcement agency
nor a single municipality in this state to entitle such participant to a retirement pension if the participant has been duly
enrolled in a fire department or law enforcement agency of a
municipality which has elected to extend the retirement pension provisions of this chapter to its fire fighters or reserve
officers at the time he or she becomes eligible for the retirement pension and has paid all fees prescribed. To be eligible
to the full pension a participant must have an aggregate of
twenty-five years service, have made twenty-five annual payments into the fund, and be sixty-five years of age at the time
the participant commences drawing the pension provided for
by this chapter, all of which twenty-five years service must
have been in the fire department or law enforcement agency
of a municipality or municipalities which have elected to
extend the retirement pension provisions of this chapter to its
fire fighters or reserve officers. Nothing in this chapter shall
require any participant having twenty-five years active service to continue as a fire fighter or reserve officer and no participant who has completed twenty-five years of active service for which annual retirement pension fees have been paid
and who continues as a fire fighter or reserve officer shall be
required to pay any additional annual pension fees. [1999 c
148 § 18; 1995 c 11 § 12; 1989 c 91 § 17; 1973 1st ex.s. c 170
§ 4; 1961 c 57 § 4; 1953 c 253 § 5; 1945 c 261 § 20; Rem.
Supp. 1945 § 9578-34.]
Effective date—1989 c 91: See note following RCW 41.24.010.
Effective date—1973 1st ex.s. c 170: See note following RCW
41.24.030.
41.24.185
41.24.185 Lump sum payments—Monthly pension
under fifty dollars. Any monthly pension, payable under
this chapter, which will not amount to fifty dollars may be
converted into a lump sum payment equal to the actuarial
equivalent of the monthly pension. The conversion may be
made either upon written application to the state board and
shall rest at the discretion of the state board; or the state board
may make, on its own motion, lump sum payments, equal or
proportionate, as the case may be, to the value of the annuity
then remaining in full satisfaction of claims due. Any person
receiving a monthly payment of less than twenty-five dollars
at the time of September 1, 1979, may elect, within two years,
to convert such payments into a lump sum payment as provided in this section. [2003 c 62 § 2; 1989 c 91 § 7.]
Effective date—2003 c 62: See note following RCW 41.24.170.
Effective date—1989 c 91: See note following RCW 41.24.010.
(2004 Ed.)
41.24.210
41.24.210 Report of accident—Time limitation for
filing report and claim. A participant shall not receive relief
for disability, sickness, or injuries received in the performance of his or her duties, unless there is filed with the board
of trustees a report of accident, which report shall be subscribed to by the claimant, the head of the department, and
the authorized attending physician, if there is one. A claim for
benefits arising from disability, sickness, or injuries incurred
in consequence or as a result of the performance of duties
shall not be allowed by the state board unless there has been
filed with it a report of accident within ninety days after its
occurrence and a claim based thereon within one year after
the occurrence of the accident on which such claim is based.
The state board may require such other or further evidence as
it deems advisable before ordering any relief. [1999 c 148 §
[Title 41 RCW—page 103]
41.24.220
Title 41 RCW: Public Employment, Civil Service, and Pensions
19; 1989 c 91 § 18; 1969 c 118 § 7; 1957 c 159 § 3; 1945 c
261 § 21; Rem. Supp. 1945 § 9578-35.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.220
41.24.220 Hospitalization, surgery, etc. Whenever
any participant becomes injured, disabled, or sick in consequence or as the result of the performance of his or her duties
by reason of which he or she is confined to any hospital or
other medical facility, an amount not exceeding the daily
ward rate of the hospital or regular fees for such service shall
be allowed and paid from the principal fund. This allowance
shall not be in lieu of but in addition to any other allowance
provided in this chapter. In addition, the costs of surgery,
medicine, laboratory fees, x-ray, special therapies, and similar additional costs shall be paid. When extended treatment,
not available in the injured, disabled, or sick participant's
home area, is required, the participant may be reimbursed for
actual mileage to and from the place of extended treatment
pursuant to RCW 43.03.060. [1999 c 148 § 20; 1989 c 91 §
19; 1975-'76 2nd ex.s. c 76 § 4; 1965 c 86 § 3; 1961 c 57 § 5;
1957 c 159 § 4; 1953 c 253 § 7; 1951 c 103 § 3; 1949 c 145 §
2; 1945 c 261 § 22; Rem. Supp. 1949 § 9578-36. Prior: 1935
c 121 § 5; RRS § 9578-5.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.230
41.24.230 Funeral and burial expenses. Upon the
death of any participant resulting from injuries or sickness in
consequence or as the result of the performance of his or her
duties, the board of trustees shall authorize the issuance of a
voucher for the sum of two thousand dollars, and upon the
death of any participant who is receiving any disability payments provided for in this chapter, the board of trustees shall
authorize the issuance of a voucher for the sum of five hundred dollars, to help defray the funeral expenses and burial of
the participant, which voucher shall be paid in the manner
provided for payment of other charges against the principal
fund. [1999 c 148 § 21; 1989 c 91 § 20; 1986 c 163 § 3; 1981
c 21 § 3; 1975-'76 2nd ex.s. c 76 § 5; 1961 c 57 § 6; 1957 c
159 § 5; 1951 c 103 § 4; 1945 c 261 § 23; Rem. Supp. 1945 §
9578-37. Prior: 1935 c 121 § 7; RRS § 9578-7.]
Effective date—1989 c 91: See note following RCW 41.24.010.
Effective date—Severability—1981 c 21: See notes following RCW
41.24.150.
41.24.240
41.24.240 Benefits not transferable or subject to legal
process—Exceptions—Chapter not exclusive. The right of
any person to any future payment under the provisions of this
chapter shall not be transferable or assignable at law or in
equity, and none of the moneys paid or payable or the rights
existing under this chapter, shall be subject to execution,
levy, attachment, garnishment, or other legal process, or to
the operation of any bankruptcy or insolvency law. This section shall not be applicable to any child support collection
action taken under chapter 26.18, 26.23, or 74.20A RCW.
Benefits under this chapter shall be payable to a spouse or exspouse to the extent expressly provided for in any court
decree of dissolution or legal separation or in any court order
or court-approved property settlement agreement incident to
any court decree of dissolution or legal separation.
[Title 41 RCW—page 104]
Nothing in this chapter shall be construed to deprive any
participant, eligible to receive a pension hereunder, from
receiving a pension under any other act to which that participant may become eligible by reason of services other than or
in addition to his or her services under this chapter. [1995 c
11 § 13. Prior: 1989 c 360 § 26; 1989 c 91 § 21; 1979 ex.s. c
205 § 3; 1957 c 159 § 6; 1945 c 261 § 24; Rem. Supp. 1945 §
9578-38.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.245
41.24.245 Payments to spouse or ex spouse pursuant
to court order. (1) If the state board or the secretary makes
payments to a spouse or ex spouse to the extent expressly
provided for in any court decree of dissolution or legal separation or in any court order or court-approved property settlement agreement incident to a court decree of dissolution or
legal separation, it shall be a sufficient answer to any claim of
a beneficiary against the state board, the secretary, or the
principal fund for the state board or secretary to show that the
payments were made pursuant to a court decree.
(2) All payments made to a nonmember spouse or ex
spouse pursuant to RCW 41.24.240 shall cease upon the
death of such a nonmember spouse or ex spouse. Upon such
a death, the state board and the secretary shall pay to the
member his or her full monthly entitlement of benefits.
(3) The provisions of RCW 41.24.240 and this section
shall apply to all court decrees of dissolution or legal separation and court-approved property settlement agreements,
regardless of when entered, but shall apply only to those persons who have actually retired or who have requested withdrawal of any or all of their contributions to the principal
fund: PROVIDED, That the state board or secretary shall not
be responsible for making court-ordered divisions of withdrawals unless the order is filed with the state board at least
thirty days before the withdrawal payment date. [1999 c 148
§ 22; 1987 c 326 § 19.]
Effective date—1987 c 326: See RCW 41.50.901.
Mandatory assignment of retirement benefits to spouse or ex spouse: RCW
41.50.500 through 41.50.660.
41.24.250
41.24.250 State board for volunteer fire fighters and
reserve officers—Composition—Terms—Vacancies—
Oath. The state board for volunteer fire fighters and reserve
officers is created to consist of three members of a fire
department covered by this chapter, no two of whom shall be
from the same congressional district, to be appointed by the
governor to serve overlapping terms of six years. Of members first appointed, one shall be appointed for a term of six
years, one for four years, and one for two years. Upon the
expiration of a term, a successor shall be appointed by the
governor for a term of six years. Any vacancy shall be filled
by the governor for the unexpired term. Each member of the
state board, before entering on the performance of his or her
duties, shall take an oath that he or she will not knowingly
violate or willingly permit the violation of any provision of
law applicable to this chapter, which oath shall be filed with
the secretary of state.
The state board shall not be deemed to be unlawfully
constituted and a member of the board shall not be deemed
ineligible to serve the remainder of the member's unexpired
(2004 Ed.)
Volunteer Fire Fighters' and Reserve Officers' Relief and Pensions
term on the board solely by reason of the establishment of
new or revised boundaries for congressional districts. [1999
c 148 § 23; 1989 c 91 § 22; 1982 1st ex.s. c 30 § 11; 1955 c
263 § 2.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.260
41.24.260 State board for volunteer fire fighters and
reserve officers—Meetings—Quorum. The state board
shall hold regular semiannual meetings in April and October
of each year, and special meetings not more than once
monthly at such times and places as may be called by the
chairman or by two of its members. No action shall be taken
by the state board without the approval of two members.
[1955 c 263 § 3.]
41.24.270
41.24.270 State board for volunteer fire fighters and
reserve officers—Compensation—Travel expenses. Each
member of the state board shall be compensated in accordance with RCW 43.03.240. Each member shall also receive
travel expenses, including going to and from meetings of the
state board or other authorized business of the state board, in
accordance with RCW 43.03.050 and 43.03.060. [1984 c 287
§ 70; 1975-'76 2nd ex.s. c 34 § 87; 1969 c 118 § 8; 1955 c 263
§ 4.]
41.24.310
(7) Maintain such records as may be necessary and
proper for the proper maintenance and operation of the principal fund, including records of the names of every person
enrolled under this chapter, and provide all necessary forms
to enable local boards of trustees to effectively carry out their
duties as provided by this chapter;
(8) Compel the taking of testimony from witnesses under
oath before the state board, or any member or the secretary
thereof, or before the local board of trustees or any member
thereof, for the purpose of obtaining evidence, at any time, in
connection with any claim or pension pending or authorized
for payment. For such purpose the state board shall have the
same power of subpoena as prescribed in RCW 51.52.100.
Failure of any claimant to appear and give any testimony as
herein provided shall suspend any rights or eligibility to
receive payments for the period of such failure to appear and
testify;
(9) Appoint a secretary to hold office at the pleasure of
the state board, fix the secretary's compensation at such sum
as it shall deem appropriate, and prescribe the secretary's
duties not otherwise provided by this chapter. [1999 c 148 §
25; 1989 c 91 § 23; 1955 c 263 § 6.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.300
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
41.24.280
41.24.280 State board for volunteer fire fighters and
reserve officers—Attorney general is legal advisor. The
attorney general shall be the legal advisor for the state board.
[1999 c 148 § 24; 1955 c 263 § 5.]
41.24.300 State board for volunteer fire fighters and
reserve officers—Vouchers, warrants. All expenses
incurred by the state board shall be accomplished by vouchers signed by the secretary and one member of the state board
and issued to the persons entitled thereto and sent to the
proper state agency. The proper state agency shall issue a
warrant on the principal fund or administrative fund for the
amount specified. [1999 c 148 § 26; 1979 ex.s. c 157 § 2;
1969 c 118 § 9; 1955 c 263 § 7.]
41.24.310
41.24.290
41.24.290 State board for volunteer fire fighters and
reserve officers—Powers and duties. The state board shall:
(1) Generally supervise and control the administration of
this chapter;
(2) Promulgate, amend, or repeal rules and regulations
not inconsistent with this chapter for the purpose of effecting
a uniform and efficient manner of carrying out the provisions
of this chapter and the purposes to be accomplished thereby,
and for the government of boards of trustees of the municipalities of this state in the discharge of their functions under
this chapter;
(3) Review any action, and hear and determine any
appeal which may be taken from the decision of the board of
trustees of any municipality made pursuant to this chapter;
(4) Take such action as may be necessary to secure compliance of the municipalities governed by this chapter and to
provide for the collection of all fees and penalties which are,
or may be, due and delinquent from any such municipality;
(5) Review the action of the board of trustees of any
municipality authorizing any pension as provided by this
chapter; and authorize the regular issuance of monthly warrants in payment thereof without further action of the board
of trustees of such municipality;
(6) Require periodic reports from the recipient of any
benefits under this chapter for the purpose of determining
their continued eligibility therefor;
(2004 Ed.)
41.24.310 State board for volunteer fire fighters and
reserve officers—Secretary, duties, compensation. The
secretary shall maintain an office at Olympia at a place to be
provided, wherein the secretary shall:
(1) Keep a record of all proceedings of the state board,
which shall be public;
(2) Maintain a record of all members of the pension fund,
including such pertinent information relative thereto as may
be required by law or rule of the state board;
(3) Receive and promptly remit to the state treasurer all
moneys received for the principal fund;
(4) Transmit periodically to the proper state agency for
payment all claims payable from the principal fund, stating
the amount and purpose of such payment;
(5) Certify monthly for payment a list of all persons
approved for retirement pensions and the amount to which
each is entitled; and
(6) Perform such other and further duties as shall be prescribed by the state board.
The secretary shall receive such compensation as shall
be fixed by the state board, together with travel expenses in
carrying out his or her duties authorized by the state board in
accordance with RCW 43.03.050 and 43.03.060. [1999 c 148
§ 27; 1989 c 91 § 24; 1975-'76 2nd ex.s. c 34 § 88; 1969 c 118
§ 10; 1955 c 263 § 8.]
Effective date—1989 c 91: See note following RCW 41.24.010.
[Title 41 RCW—page 105]
41.24.320
Title 41 RCW: Public Employment, Civil Service, and Pensions
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
41.24.320
41.24.320 State board for volunteer fire fighters and
reserve officers—State actuary to provide actuarial services. The state actuary shall provide actuarial services for
the state board. [1999 c 148 § 28; 1989 c 91 § 25.]
Effective date—1989 c 91: See note following RCW 41.24.010.
41.24.330 Emergency medical service districts—
Board of trustees—Creation. An emergency medical service district board of trustees is created to administer this
chapter in every county maintaining a regularly organized
emergency medical service district. The emergency medical
service district board shall consist of two of the members of
the county legislative authority or their designees, the county
auditor or the auditor's designee, the head of the emergency
medical service district, and one emergency worker from the
emergency medical service district to be elected by the emergency workers of the emergency medical service district for a
term of one year and annually thereafter.
The emergency medical service district shall make provisions for the collection and payment of the fees provided
under this chapter and shall continue to make such provisions
for all emergency workers who come under this chapter as
long as they shall continue to be members of the fire department. [1999 c 148 § 29; 1993 c 331 § 2.]
41.24.330
41.24.340 Emergency medical service districts—
Board of trustees—Officers—Annual report. The chair of
the county legislative authority, or the chair's designee, shall
be chair of the emergency medical service district board of
trustees, and the county auditor, or the auditor's designee,
shall be the secretary-treasurer of the emergency medical service district board of trustees.
The secretary shall keep a public record of all proceedings and of all receipts and disbursements made by the emergency medical service district board of trustees, shall make
an annual report of its expenses and disbursements with a full
list of the beneficiaries of the principal fund in the county,
and shall make all required reports to the state board. The
state board shall provide all necessary forms to emergency
worker boards of trustees. [1999 c 148 § 30; 1993 c 331 § 3.]
41.24.340
(4) Except as provided under RCW 41.24.450, a reserve
officer is not eligible to receive a benefit under the relief provisions of this chapter. [1999 c 148 § 31; 1998 c 307 § 4;
1995 c 11 § 2.]
41.24.410
41.24.410 Reserve officers—Credit for service.
Credit for service as a reserve officer shall not be counted for
purposes of RCW 41.24.170 except as stated in this section:
Within one year of an election to cover reserve officers under
the retirement provisions of this chapter, the municipality
must elect, on a one-time basis, one of the following:
(1)(a) To count credit for service only after July 23,
1995;
(b) To pay annual fees only for service after July 23,
1995; or
(2)(a) To count credit for all service as a reserve officer,
but only if the actuarial cost, as determined by the state board,
is paid by the municipality. The municipality may charge
reserve officers for any portion of the cost; and
(b) To pay annual fees only for service after July 23,
1995; or
(3)(a) To count credit for all service as a reserve officer,
but only if the actuarial cost, as determined by the state board,
is paid by the municipality. The municipality may charge
reserve officers for any portion of the cost; and
(b) To pay annual fees for service prior to July 23, 1995,
if:
(i) The reserve officer elects, within one year of the
municipality's election under this section, to pay the annual
fee plus one percent per month interest for each year of past
service counted; and
(ii) The municipality pays the actuarial cost, as determined by the state board, of the benefit provided in (b) of this
subsection. The municipality may charge reserve officers for
any portion of the cost.
Payments under this section may be made in a lump sum
or in a manner prescribed by the state board. [1995 c 11 § 4.]
41.24.430
41.24.430 Reserve officers—Eligibility for benefit. A
reserve officer shall not receive a retirement benefit under
this chapter unless he or she completes at least three years of
service after July 23, 1995. [1995 c 11 § 8.]
41.24.450
41.24.400
41.24.400 Reserve officers—Enrollment—Limitations. (1) Except as provided in subsection (2) of this section, any municipality may make provision by appropriate
legislation and payment of fees r equired by RCW
41.24.030(1) solely for the purpose of enabling any reserve
officer to enroll under the retirement pension provisions of
this chapter or fees required under RCW 41.24.030(1) to pay
for the costs of extending the relief provisions of this chapter
to its reserve officers.
(2) A reserve officer is not eligible to receive a benefit
under the retirement provisions of this chapter for service
under chapter 41.26, 41.32, or 41.40 RCW.
(3) Every municipality shall make provisions for the collection and payment of the fees required under this chapter,
and shall continue to make provisions for all reserve officers
who come under this chapter as long as they continue to be
employed as reserve officers.
[Title 41 RCW—page 106]
41.24.450 Reserve officers—Municipality adoption
of relief benefits. A municipality employing reserve officers
may adopt appropriate legislation extending the relief provisions of this chapter to its reserve officers. The relief provisions of this chapter may not be extended to reserve officers
if the municipality has extended industrial insurance coverage to its reserve officers under RCW 51.12.140 or
51.12.035(2), or any other provision of law. A municipality
that adopts appropriate legislation extending the relief provisions of this chapter to its reserve officers shall enjoy the
same extent of immunity from civil actions for personal injuries to its reserve officers that arises if the reserve officers
were covered under Title 51 RCW. [1999 c 148 § 32; 1998 c
307 § 1.]
41.24.460
41.24.460 Reserve officers—Board of trustees. A
municipality that adopts appropriate legislation extending the
(2004 Ed.)
Law Enforcement Officers' and Fire Fighters' Retirement System
relief provisions of this chapter to its reserve officers shall
create a reserve officer board of trustees to administer this
chapter composed as follows:
(1) A county reserve officer board of trustees shall consist of the following five members: (a) Two members of the
county legislative authority and the county auditor, or their
designees; (b) the sheriff; and (c) one reserve officer who is
elected by reserve officers of the county for an annual oneyear term.
(2) Any other reserve officer board of trustees shall consist of the following five members: (a) The mayor, if one
exists for the municipality, and one member of the municipality's legislative authority, or two members of the municipality's legislative authority if a mayor does not exist for the
municipality, or their designees; (b) the clerk, comptroller, or
chief fiscal officer of the municipality; (c) the head of the law
enforcement agency; and (d) one reserve officer who is
elected by reserve officers of the municipality for an annual
term of one year.
(3) The secretary of the board of trustees shall keep a
public record of all proceedings and of all receipts and disbursements made by the board of trustees, shall make an
annual report of its expenses and disbursements with a full
list of the beneficiaries of the principal fund in the municipality, and shall make all required reports to the state board. The
state board shall provide the boards of trustees with all necessary forms. [1999 c 148 § 33; 1998 c 307 § 2.]
Chapter 41.26 RCW
LAW ENFORCEMENT OFFICERS' AND FIRE
FIGHTERS' RETIREMENT SYSTEM
Chapter 41.26
41.26.140
41.26.150
41.26.160
41.26.161
41.26.162
41.26.164
41.26.170
41.26.190
41.26.192
41.26.194
41.26.195
41.26.197
41.26.200
41.26.211
41.26.221
41.26.240
41.26.250
41.26.260
41.26.270
41.26.281
41.26.3901
41.26.3902
41.26.3903
41.26.005
41.26.010
41.26.020
41.26.030
41.26.035
41.26.040
41.26.045
41.26.046
41.26.047
41.26.048
41.26.053
41.26.056
41.26.057
41.26.059
41.26.061
41.26.062
Provisions applicable to "plan 1" and "plan 2."
Short title.
Purpose of chapter.
Definitions.
"Minimum medical and health standards" defined.
System created—Membership—Funds.
Minimum medical and health standards.
Minimum medical and health standards—Board to adopt—
Publication and distribution—Employer certification procedures.
Minimum medical and health standards—Exemptions—
Employer may adopt higher standards.
Special death benefit—Death in the course of employment.
Exemption from judicial process, taxes—Exceptions—Deduction for insurance upon request.
No bond required on appeal to court.
Benefit calculation—Limitation.
Establishing, restoring service credit.
Disability retirement—Criminal conduct.
Falsification—Penalty.
"PLAN 1"
41.26.075
41.26.080
41.26.090
41.26.100
41.26.110
41.26.115
41.26.120
41.26.125
41.26.130
41.26.135
(2004 Ed.)
Provisions applicable to plan 1.
Funding total liability of plan 1 system.
Retirement for service.
Allowance on retirement for service.
City and county disability boards authorized—Composition—
Terms—Reimbursement for travel expenses—Duties.
Director of retirement systems to adopt rules governing disability boards—Remand of orders not in accordance with
rules.
Retirement for disability incurred in the line of duty.
Retirement for disability not incurred in the line of duty.
Allowance on retirement for disability.
Cessation of disability—Determination.
Reexaminations of disability beneficiaries—Reentry—
Appeal.
Sickness or disability benefits—Medical services.
Death benefits—Duty connected.
Death benefits—Nonduty connected.
Ex spouse qualifying as surviving spouse—When.
Optional reduced retirement allowance—Continues for spouse
otherwise ineligible for survivor benefits.
Refund of contributions on discontinuance of service—Reentry.
Credit for military service.
Credit for service under prior pension system—Restoration of
withdrawn contributions.
Credit for service under prior pension system—Service not
covered under prior system.
Transfer of service credit from other retirement system—Irrevocable election allowed.
Service credit for paid leave of absence—Application to
elected officials of labor organizations.
Appeal to director of retirement systems.
Notice for hearing required prior to petitioning for judicial
review.
Hearing—Conduct.
Increases or decreases in retirement allowances to be determined by department in accordance with consumer price
index.
Increase in presently payable benefits for service or disability
authorized.
Increase in certain presently payable death benefits authorized.
Declaration of policy respecting benefits for injury or death—
Civil actions abolished.
Cause of action for injury or death, when.
Severability—1969 ex.s. c 209.
Act to control inconsistencies.
Effective date—1969 ex.s. c 209.
"PLAN 2"
41.26.410
41.26.420
41.26.425
41.26.430
41.26.440
41.26.450
Sections
"PROVISIONS APPLICABLE TO PLAN 1 AND PLAN 2"
Chapter 41.26
41.26.460
41.26.470
41.26.480
41.26.490
41.26.500
41.26.510
41.26.520
41.26.530
41.26.540
41.26.547
41.26.550
Provisions applicable to plan 2.
Computation of the retirement allowance.
Lump sum retirement allowance—Reentry—Conditions for
reinstatement of service.
Retirement for service.
Post-retirement cost-of-living.
Port districts and institutions of higher education—Must make
both employer and state contributions.
Options for payment of retirement allowances—Retirement
allowance adjustment—Court-approved property settlement.
Earned disability allowance—Cancellation of allowance—
Reentry—Receipt of service credit while disabled—Conditions—Disposition upon death of recipient—Disabled in the
line of duty.
Industrial insurance.
Application for and effective date of retirement allowances.
Suspension of retirement allowance upon reemployment—
Reinstatement.
Death benefits.
Service credit for paid leave of absence, officers of labor organizations, unpaid leave of absence, military service.
Vested membership.
Refund of contributions on termination.
Emergency medical technicians—Job relocation—Retirement
options.
Reentry.
"PLAN 2 GOVERNANCE"
41.26.700
41.26.705
41.26.710
41.26.715
41.26.717
41.26.720
41.26.725
41.26.730
41.26.732
41.26.735
41.26.740
41.26.901
41.26.902
41.26.903
Overview—Intent.
Intent—2003 c 2.
Definitions.
Board of trustees—Created—Selection of trustees—Terms of
office—Vacancies.
Additional duties and powers of board.
Board of trustees—Powers—Meeting procedures—Quorum—Judicial review—Budget.
Board of trustees—Contributions—Minimum and increased
benefits.
Joint committee on pension policy—Pension funding council.
Plan 2 expense fund—Board oversight and administration—
State investment board.
Asset management.
Reimbursement for expenses.
Severability—1977 ex.s. c 294.
Severability—2003 c 2.
Captions not law—2003 c 2.
[Title 41 RCW—page 107]
41.26.005
41.26.904
41.26.905
41.26.906
41.26.921
Title 41 RCW: Public Employment, Civil Service, and Pensions
Effective date—2003 c 2.
Severability—2003 c 92.
Effective date—2003 c 92.
Effective date—1977 ex.s. c 294.
Reviser's note: Throughout chapter 41.26 RCW, the phrase "this act"
has been changed to "this chapter." 1969 ex.s. c 209 consists of this chapter
and RCW 41.16.145, 41.18.010, 41.18.040, 41.18.045, 41.18.060,
41.18.100, 41.18.102, 41.18.104, 41.18.130, 41.18.190, 41.20.005,
41.20.085, 41.20.170, 41.20.050, and 41.20.060.
Numerical designations—1998 c 341: "(1) The legislature declares
that changing the numerical designation of the different retirement plans
within the retirement systems from Roman numerals to Arabic numerals is of
no substantive importance.
(2) The code reviser, under RCW 1.08.025, is directed to change the
numerical designation of the retirement plans as follows:
(a) Where "I" is used, replace with "1";
(b) Where "II" is used, replace with "2"; and
(c) Where "III" is used, replace with "3."" [1998 c 341 § 709.] This
section takes effect September 1, 2000.
Emergency medical technician or first aid vehicle operator prohibited from
joining system solely on basis of such service: RCW 41.24.050.
"PROVISIONS APPLICABLE TO PLAN 1 AND PLAN 2"
41.26.005
41.26.005 Provisions applicable to "plan 1" and
"plan 2." RCW 41.26.010 through 41.26.062 shall apply to
members of plan 1 and plan 2. [1992 c 72 § 2; 1991 c 35 §
12; 1989 c 273 § 10; 1985 c 102 § 5; 1979 ex.s. c 249 § 1;
1977 ex.s. c 294 § 18.]
Recodification ratified—Correction of statutory references—1992 c
72: "(1) The recodification of retirement provisions adopted by the code
reviser pursuant to the directives of chapter 35, Laws of 1991, is hereby ratified.
(2) The code reviser shall correct all statutory references to sections
recodified pursuant to chapter 35, Laws of 1991." [1992 c 72 § 1.]
Intent—1991 c 35: "(1) The legislature intends to reorganize chapter
41.26 RCW. The goals of this reorganization are to: (a) Arrange provisions
relating to the Washington law enforcement officers' and fire fighters' retirement system plan 1, the Washington law enforcement officers' and fire fighters' retirement system plan 2, and those provisions relating to both plan 1 and
plan 2 into three separate subchapters within chapter 41.26 RCW; (b) decodify or repeal obsolete statutes; (c) update references to the retirement board
to refer to either the department of retirement systems or the director of that
department, as appropriate; (d) make all references gender neutral; and (e)
recodify administrative provisions. The legislature does not intend to make
substantive changes in the meaning, interpretation, court construction, or
constitutionality of any provision of chapter 41.26 RCW or other statutory
provisions or rules adopted under those provisions.
(2) The legislature intends to reorganize chapter 41.32 RCW. The goals
of this reorganization are to: (a) Arrange provisions relating to the Washington teachers' retirement system plan 1, the Washington teachers' retirement
system plan 2, and both plan 1 and plan 2 into three separate subchapters
within chapter 41.32 RCW; (b) decodify or repeal obsolete statutes; (c)
update references to the retirement board to refer to either the department of
retirement systems or the director of that department, as appropriate; (d)
make all references gender neutral; and (e) recodify administrative provisions. The legislature does not intend to make substantive changes in the
meaning, interpretation, court construction, or constitutionality of any provision of chapter 41.32 RCW or other statutory provisions or rules adopted
under those provisions.
(3) The legislature intends to reorganize chapter 41.40 RCW. The goals
of this reorganization are to: (a) Arrange provisions relating to the public
employees' retirement system plan 1, the public employees' retirement system plan 2, and both plan 1 and plan 2 into three separate subchapters within
chapter 41.40 RCW; (b) decodify obsolete statutes; (c) update references to
the retirement board to refer to either the department of retirement systems
or the director of that department, as appropriate; (d) make all references
gender neutral; and (e) recodify administrative provisions. The legislature
does not intend to make substantive changes in the meaning, interpretation,
court construction, or constitutionality of any provision of chapter 41.40
RCW or other statutory provisions or rules adopted under those provisions.
(4) This act is technical in nature and shall not have the effect of termi[Title 41 RCW—page 108]
nating or in any way modifying any rights, proceedings, or liabilities, civil or
criminal, which exist on July 28, 1991." [1991 c 35 § 1.]
Severability—1989 c 273: See RCW 41.45.900.
Purpose—Retrospective application—1985 c 102: See notes following RCW 41.26.120.
41.26.010
41.26.010 Short title. This chapter shall be known and
cited as the "Washington Law Enforcement Officers' and Fire
Fighters' Retirement System Act". [1969 ex.s. c 209 § 1.]
41.26.020
41.26.020 Purpose of chapter. The purpose of this
chapter is to provide for an actuarial reserve system for the
payment of death, disability, and retirement benefits to law
enforcement officers and fire fighters, and to beneficiaries of
such employees, thereby enabling such employees to provide
for themselves and their dependents in case of disability or
death, and effecting a system of retirement from active duty.
[1969 ex.s. c 209 § 2.]
41.26.030
41.26.030 Definitions. As used in this chapter, unless a
different meaning is plainly required by the context:
(1) "Retirement system" means the "Washington law
enforcement officers' and fire fighters' retirement system"
provided herein.
(2)(a) "Employer" for plan 1 members, means the legislative authority of any city, town, county, or district or the
elected officials of any municipal corporation that employs
any law enforcement officer and/or fire fighter, any authorized association of such municipalities, and, except for the
purposes of RCW 41.26.150, any labor guild, association, or
organization, which represents the fire fighters or law
enforcement officers of at least seven cities of over 20,000
population and the membership of each local lodge or division of which is composed of at least sixty percent law
enforcement officers or fire fighters as defined in this chapter.
(b) "Employer" for plan 2 members, means the following
entities to the extent that the entity employs any law enforcement officer and/or fire fighter:
(i) The legislative authority of any city, town, county, or
district;
(ii) The elected officials of any municipal corporation;
(iii) The governing body of any other general authority
law enforcement agency; or
(iv) A four-year institution of higher education having a
fully operational fire department as of January 1, 1996.
(3) "Law enforcement officer" beginning January 1,
1994, means any person who is commissioned and employed
by an employer on a full time, fully compensated basis to
enforce the criminal laws of the state of Washington generally, with the following qualifications:
(a) No person who is serving in a position that is basically clerical or secretarial in nature, and who is not commissioned shall be considered a law enforcement officer;
(b) Only those deputy sheriffs, including those serving
under a different title pursuant to county charter, who have
successfully completed a civil service examination for deputy
sheriff or the equivalent position, where a different title is
used, and those persons serving in unclassified positions
authorized by RCW 41.14.070 except a private secretary will
be considered law enforcement officers;
(2004 Ed.)
Law Enforcement Officers' and Fire Fighters' Retirement System
(c) Only such full time commissioned law enforcement
personnel as have been appointed to offices, positions, or
ranks in the police department which have been specifically
created or otherwise expressly provided for and designated
by city charter provision or by ordinance enacted by the legislative body of the city shall be considered city police officers;
(d) The term "law enforcement officer" also includes the
executive secretary of a labor guild, association or organization (which is an employer under RCW 41.26.030(2)) if that
individual has five years previous membership in the retirement system established in chapter 41.20 RCW. The provisions of this subsection (3)(d) shall not apply to plan 2 members; and
(e) The term "law enforcement officer" also includes a
person employed on or after January 1, 1993, as a public
safety officer or director of public safety, so long as the job
duties substantially involve only either police or fire duties,
or both, and no other duties in a city or town with a population of less than ten thousand. The provisions of this subsection (3)(e) shall not apply to any public safety officer or
director of public safety who is receiving a retirement allowance under this chapter as of May 12, 1993.
(4) "Fire fighter" means:
(a) Any person who is serving on a full time, fully compensated basis as a member of a fire department of an
employer and who is serving in a position which requires
passing a civil service examination for fire fighter, and who is
actively employed as such;
(b) Anyone who is actively employed as a full time fire
fighter where the fire department does not have a civil service
examination;
(c) Supervisory fire fighter personnel;
(d) Any full time executive secretary of an association of
fire protection districts authorized under RCW 52.12.031.
The provisions of this subsection (4)(d) shall not apply to
plan 2 members;
(e) The executive secretary of a labor guild, association
or organization (which is an employer under RCW
41.26.030(2) as now or hereafter amended), if such individual has five years previous membership in a retirement system established in chapter 41.16 or 41.18 RCW. The provisions of this subsection (4)(e) shall not apply to plan 2 members;
(f) Any person who is serving on a full time, fully compensated basis for an employer, as a fire dispatcher, in a
department in which, on March 1, 1970, a dispatcher was
required to have passed a civil service examination for fire
fighter; and
(g) Any person who on March 1, 1970, was employed on
a full time, fully compensated basis by an employer, and who
on May 21, 1971, was making retirement contributions under
the provisions of chapter 41.16 or 41.18 RCW.
(5) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(6) "Surviving spouse" means the surviving widow or
widower of a member. "Surviving spouse" shall not include
the divorced spouse of a member except as provided in RCW
41.26.162.
(7)(a) "Child" or "children" means an unmarried person
who is under the age of eighteen or mentally or physically
(2004 Ed.)
41.26.030
handicapped as determined by the department, except a handicapped person in the full time care of a state institution, who
is:
(i) A natural born child;
(ii) A stepchild where that relationship was in existence
prior to the date benefits are payable under this chapter;
(iii) A posthumous child;
(iv) A child legally adopted or made a legal ward of a
member prior to the date benefits are payable under this chapter; or
(v) An illegitimate child legitimized prior to the date any
benefits are payable under this chapter.
(b) A person shall also be deemed to be a child up to and
including the age of twenty years and eleven months while
attending any high school, college, or vocational or other
educational institution accredited, licensed, or approved by
the state, in which it is located, including the summer vacation months and all other normal and regular vacation periods
at the particular educational institution after which the child
returns to school.
(8) "Member" means any fire fighter, law enforcement
officer, or other person as would apply under subsections (3)
or (4) of this section whose membership is transferred to the
Washington law enforcement officers' and fire fighters'
retirement system on or after March 1, 1970, and every law
enforcement officer and fire fighter who is employed in that
capacity on or after such date.
(9) "Retirement fund" means the "Washington law
enforcement officers' and fire fighters' retirement system
fund" as provided for herein.
(10) "Employee" means any law enforcement officer or
fire fighter as defined in subsections (3) and (4) of this section.
(11)(a) "Beneficiary" for plan 1 members, means any
person in receipt of a retirement allowance, disability allowance, death benefit, or any other benefit described herein.
(b) "Beneficiary" for plan 2 members, means any person
in receipt of a retirement allowance or other benefit provided
by this chapter resulting from service rendered to an
employer by another person.
(12)(a) "Final average salary" for plan 1 members,
means (i) for a member holding the same position or rank for
a minimum of twelve months preceding the date of retirement, the basic salary attached to such same position or rank
at time of retirement; (ii) for any other member, including a
civil service member who has not served a minimum of
twelve months in the same position or rank preceding the date
of retirement, the average of the greatest basic salaries payable to such member during any consecutive twenty-four
month period within such member's last ten years of service
for which service credit is allowed, computed by dividing the
total basic salaries payable to such member during the
selected twenty-four month period by twenty-four; (iii) in the
case of disability of any member, the basic salary payable to
such member at the time of disability retirement; (iv) in the
case of a member who hereafter vests pursuant to RCW
41.26.090, the basic salary payable to such member at the
time of vesting.
(b) "Final average salary" for plan 2 members, means the
monthly average of the member's basic salary for the highest
consecutive sixty service credit months of service prior to
[Title 41 RCW—page 109]
41.26.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
such member's retirement, termination, or death. Periods
constituting authorized unpaid leaves of absence may not be
used in the calculation of final average salary.
(13)(a) "Basic salary" for plan 1 members, means the
basic monthly rate of salary or wages, including longevity
pay but not including overtime earnings or special salary or
wages, upon which pension or retirement benefits will be
computed and upon which employer contributions and salary
deductions will be based.
(b) "Basic salary" for plan 2 members, means salaries or
wages earned by a member during a payroll period for personal services, including overtime payments, and shall
include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the
United States Internal Revenue Code, but shall exclude lump
sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any
form of severance pay. In any year in which a member serves
in the legislature the member shall have the option of having
such member's basic salary be the greater of:
(i) The basic salary the member would have received had
such member not served in the legislature; or
(ii) Such member's actual basic salary received for nonlegislative public employment and legislative service combined. Any additional contributions to the retirement system
required because basic salary under (b)(i) of this subsection is
greater than basic salary under (b)(ii) of this subsection shall
be paid by the member for both member and employer contributions.
(14)(a) "Service" for plan 1 members, means all periods
of employment for an employer as a fire fighter or law
enforcement officer, for which compensation is paid,
together with periods of suspension not exceeding thirty days
in duration. For the purposes of this chapter service shall also
include service in the armed forces of the United States as
provided in RCW 41.26.190. Credit shall be allowed for all
service credit months of service rendered by a member from
and after the member's initial commencement of employment
as a fire fighter or law enforcement officer, during which the
member worked for seventy or more hours, or was on disability leave or disability retirement. Only service credit months
of service shall be counted in the computation of any retirement allowance or other benefit provided for in this chapter.
(i) For members retiring after May 21, 1971 who were
employed under the coverage of a prior pension act before
March 1, 1970, "service" shall also include (A) such military
service not exceeding five years as was creditable to the
member as of March 1, 1970, under the member's particular
prior pension act, and (B) such other periods of service as
were then creditable to a particular member under the provisions of RCW 41.18.165, 41.20.160 or 41.20.170. However,
in no event shall credit be allowed for any service rendered
prior to March 1, 1970, where the member at the time of rendition of such service was employed in a position covered by
a prior pension act, unless such service, at the time credit is
claimed therefor, is also creditable under the provisions of
such prior act.
(ii) A member who is employed by two employers at the
same time shall only be credited with service to one such
employer for any month during which the member rendered
such dual service.
[Title 41 RCW—page 110]
(b) "Service" for plan 2 members, means periods of
employment by a member for one or more employers for
which basic salary is earned for ninety or more hours per calendar month which shall constitute a service credit month.
Periods of employment by a member for one or more
employers for which basic salary is earned for at least seventy
hours but less than ninety hours per calendar month shall constitute one-half service credit month. Periods of employment
by a member for one or more employers for which basic salary is earned for less than seventy hours shall constitute a
one-quarter service credit month.
Members of the retirement system who are elected or
appointed to a state elective position may elect to continue to
be members of this retirement system.
Service credit years of service shall be determined by
dividing the total number of service credit months of service
by twelve. Any fraction of a service credit year of service as
so determined shall be taken into account in the computation
of such retirement allowance or benefits.
If a member receives basic salary from two or more
employers during any calendar month, the individual shall
receive one service credit month's service credit during any
calendar month in which multiple service for ninety or more
hours is rendered; or one-half service credit month's service
credit during any calendar month in which multiple service
for at least seventy hours but less than ninety hours is rendered; or one-quarter service credit month during any calendar month in which multiple service for less than seventy
hours is rendered.
(15) "Accumulated contributions" means the employee's
contributions made by a member, including any amount paid
under RCW 41.50.165(2), plus accrued interest credited
thereon.
(16) "Actuarial reserve" means a method of financing a
pension or retirement plan wherein reserves are accumulated
as the liabilities for benefit payments are incurred in order
that sufficient funds will be available on the date of retirement of each member to pay the member's future benefits
during the period of retirement.
(17) "Actuarial valuation" means a mathematical determination of the financial condition of a retirement plan. It
includes the computation of the present monetary value of
benefits payable to present members, and the present monetary value of future employer and employee contributions,
giving effect to mortality among active and retired members
and also to the rates of disability, retirement, withdrawal
from service, salary and interest earned on investments.
(18) "Disability board" for plan 1 members means either
the county disability board or the city disability board established in RCW 41.26.110.
(19) "Disability leave" means the period of six months or
any portion thereof during which a member is on leave at an
allowance equal to the member's full salary prior to the commencement of disability retirement. The definition contained
in this subsection shall apply only to plan 1 members.
(20) "Disability retirement" for plan 1 members, means
the period following termination of a member's disability
leave, during which the member is in receipt of a disability
retirement allowance.
(2004 Ed.)
Law Enforcement Officers' and Fire Fighters' Retirement System
(21) "Position" means the employment held at any particular time, which may or may not be the same as civil service rank.
(22) "Medical services" for plan 1 members, shall
include the following as minimum services to be provided.
Reasonable charges for these services shall be paid in accordance with RCW 41.26.150.
(a) Hospital expenses: These are the charges made by a
hospital, in its own behalf, for
(i) Board and room not to exceed semiprivate room rate
unless private room is required by the attending physician
due to the condition of the patient.
(ii) Necessary hospital services, other than board and
room, furnished by the hospital.
(b) Other medical expenses: The following charges are
considered "other medical expenses", provided that they have
not been considered as "hospital expenses".
(i) The fees of the following:
(A) A physician or surgeon licensed under the provisions
of chapter 18.71 RCW;
(B) An osteopathic physician and surgeon licensed under
the provisions of chapter 18.57 RCW;
(C) A chiropractor licensed under the provisions of chapter 18.25 RCW.
(ii) The charges of a registered graduate nurse other than
a nurse who ordinarily resides in the member's home, or is a
member of the family of either the member or the member's
spouse.
(iii) The charges for the following medical services and
supplies:
(A) Drugs and medicines upon a physician's prescription;
(B) Diagnostic x-ray and laboratory examinations;
(C) X-ray, radium, and radioactive isotopes therapy;
(D) Anesthesia and oxygen;
(E) Rental of iron lung and other durable medical and
surgical equipment;
(F) Artificial limbs and eyes, and casts, splints, and
trusses;
(G) Professional ambulance service when used to transport the member to or from a hospital when injured by an
accident or stricken by a disease;
(H) Dental charges incurred by a member who sustains
an accidental injury to his or her teeth and who commences
treatment by a legally licensed dentist within ninety days
after the accident;
(I) Nursing home confinement or hospital extended care
facility;
(J) Physical therapy by a registered physical therapist;
(K) Blood transfusions, including the cost of blood and
blood plasma not replaced by voluntary donors;
(L) An optometrist licensed under the provisions of
chapter 18.53 RCW.
(23) "Regular interest" means such rate as the director
may determine.
(24) "Retiree" for persons who establish membership in
the retirement system on or after October 1, 1977, means any
member in receipt of a retirement allowance or other benefit
provided by this chapter resulting from service rendered to an
employer by such member.
(25) "Director" means the director of the department.
(2004 Ed.)
41.26.030
(26) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(27) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(28) "Plan 1" means the law enforcement officers' and
fire fighters' retirement system, plan 1 providing the benefits
and funding provisions covering persons who first became
members of the system prior to October 1, 1977.
(29) "Plan 2" means the law enforcement officers' and
fire fighters' retirement system, plan 2 providing the benefits
and funding provisions covering persons who first became
members of the system on and after October 1, 1977.
(30) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(31) "Service credit month" means a full service credit
month or an accumulation of partial service credit months
that are equal to one.
(32) "General authority law enforcement agency" means
any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government
of this state, and any agency, department, or division of state
government, having as its primary function the detection and
apprehension of persons committing infractions or violating
the traffic or criminal laws in general, but not including the
Washington state patrol. Such an agency, department, or
division is distinguished from a limited authority law
enforcement agency having as one of its functions the apprehension or detection of persons committing infractions or
violating the traffic or criminal laws relating to limited subject areas, including but not limited to, the state departments
of natural resources and social and health services, the state
gambling commission, the state lottery commission, the state
parks and recreation commission, the state utilities and transportation commission, the state liquor control board, and the
state department of corrections. [2003 c 388 § 2; 2002 c 128
§ 3. Prior: 1996 c 178 § 11; 1996 c 38 § 2; prior: 1994 c 264
§ 14; 1994 c 197 § 5; prior: 1993 c 502 § 1; 1993 c 322 § 1;
1991 sp.s. c 12 § 1; prior: (1991 sp.s. c 11 § 3 repealed by
1991 sp.s. c 12 § 3); 1991 c 365 § 35; 1991 c 343 § 14; 1991
c 35 § 13; 1987 c 418 § 1; 1985 c 13 § 5; 1984 c 230 § 83;
1981 c 256 § 4; 1979 ex.s. c 249 § 2; 1977 ex.s. c 294 § 17;
1974 ex.s. c 120 § 1; 1972 ex.s. c 131 § 1; 1971 ex.s. c 257 §
6; 1970 ex.s. c 6 § 1; 1969 ex.s. c 209 § 3.]
Effective date—1996 c 178: See note following RCW 18.35.110.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Effective date—1993 c 502: "This act shall take effect January 1,
1994." [1993 c 502 § 6.]
Application—1993 c 322 § 1: "Section 1 of this act shall apply retroactively to January 1, 1993." [1993 c 322 § 2.]
Effective date—1993 c 322: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 12, 1993]." [1993 c 322 § 3.]
Severability—1991 c 365: See note following RCW 41.50.500.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—Application—Retrospective application—1985 c 13: See
notes following RCW 41.04.445.
[Title 41 RCW—page 111]
41.26.035
Title 41 RCW: Public Employment, Civil Service, and Pensions
Purpose—1981 c 256: "It is the primary purpose of this act to assure
that the provisions of RCW 41.04.250 and 41.04.260 and of any deferred
compensation plan established thereunder, are in conformity with the
requirements of 26 U.S.C. Sec. 457 and any other requirements of federal
law relating to such a deferred compensation plan. This act shall be construed in such a manner as to accomplish this purpose." [1981 c 256 § 1.]
Severability—1981 c 256: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 256 § 7.]
Severability—1974 ex.s. c 120: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 120 § 15.]
Severability—1972 ex.s. c 131: "If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1972 ex.s. c 131 § 12.]
Purpose—1971 ex.s. c 257: "It is the purpose of this act to provide
minimum medical and health standards for membership coverage into the
Washington law enforcement officers' and fire fighters' retirement system
act, for the improvement of the public service, and to safeguard the integrity
and actuarial soundness of their pension systems, and to improve their retirement and pension systems and related provisions." [1971 ex.s. c 257 § 1.]
Severability—1971 ex.s. c 257: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 257 § 22.]
41.26.035
41.26.035 "Minimum medical and health standards"
defined. The term "minimum medical and health standards"
means minimum medical and health standards adopted by the
department under this chapter. [1991 c 35 § 14; 1971 ex.s. c
257 § 2.]
Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.040
41.26.040 System created—Membership—Funds.
The Washington law enforcement officers' and fire fighters'
retirement system is hereby created for fire fighters and law
enforcement officers.
(1) Notwithstanding RCW 41.26.030(8), all fire fighters
and law enforcement officers employed as such on or after
March 1, 1970, on a full time fully compensated basis in this
state shall be members of the retirement system established
by this chapter with respect to all periods of service as such,
to the exclusion of any pension system existing under any
prior act.
(2) Any employee serving as a law enforcement officer
or fire fighter on March 1, 1970, who is then making retirement contributions under any prior act shall have his membership transferred to the system established by this chapter
as of such date. Upon retirement for service or for disability,
or death, of any such employee, his retirement benefits
earned under this chapter shall be computed and paid. In
addition, his benefits under the prior retirement act to which
he was making contributions at the time of this transfer shall
be computed as if he had not transferred. For the purpose of
such computations, the employee's creditability of service
and eligibility for service or disability retirement and survivor and all other benefits shall continue to be as provided in
such prior retirement act, as if transfer of membership had not
occurred. The excess, if any, of the benefits so computed,
giving full value to survivor benefits, over the benefits pay[Title 41 RCW—page 112]
able under this chapter shall be paid whether or not the
employee has made application under the prior act. If the
employee's prior retirement system was the Washington public employees' retirement system, payment of such excess
shall be made by that system; if the employee's prior retirement system was the statewide city employees' retirement
system, payment of such excess shall be made by the
employer which was the member's employer when his transfer of membership occurred: PROVIDED, That any death in
line of duty lump sum benefit payment shall continue to be
the obligation of that system as provided in RCW 41.44.210;
in the case of all other prior retirement systems, payment of
such excess shall be made by the employer which was the
member's employer when his transfer of membership
occurred.
(3) All funds held by any firemen's or policemen's relief
and pension fund shall remain in that fund for the purpose of
paying the obligations of the fund. The municipality shall
continue to levy the dollar rate as provided in RCW
41.16.060, and this dollar rate shall be used for the purpose of
paying the benefits provided in chapters 41.16 and 41.18
RCW. The obligations of chapter 41.20 RCW shall continue
to be paid from whatever financial sources the city has been
using for this purpose. [1991 c 35 § 15; 1989 c 273 § 11;
1979 ex.s. c 45 § 1; 1974 ex.s. c 120 § 7; 1973 1st ex.s. c 195
§ 44; 1970 ex.s. c 6 § 2; 1969 ex.s. c 209 § 4.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1989 c 273: See RCW 41.45.900.
Effective date—1979 ex.s. c 45: "This amendatory act is necessary for
the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take
effect on July 1, 1979." [1979 ex.s. c 45 § 8.]
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
41.26.045
41.26.045 Minimum medical and health standards.
(1) Notwithstanding any other provision of law after February 19, 1974 no law enforcement officer or fire fighter, may
become eligible for coverage in the pension system established by this chapter, until the individual has met and has
been certified as having met minimum medical and health
standards: PROVIDED, That an elected sheriff or an
appointed chief of police or fire chief, shall not be required to
meet the age standard: PROVIDED FURTHER, That in cities and towns having not more than two law enforcement
officers and/or not more than two fire fighters and if one or
more of such persons do not meet the minimum medical and
health standards as required by the provisions of this chapter,
then such person or persons may join any other pension system that the city has available for its other employees: AND
PROVIDED FURTHER, That for one year after February 19,
1974 any such medical or health standard now existing or
hereinafter adopted, insofar as it establishes a maximum age
beyond which an applicant is to be deemed ineligible for coverage, shall be waived as to any applicant for employment or
reemployment who is otherwise eligible except for his age,
who has been a member of any one or more of the retirement
systems created by chapter 41.20 of the Revised Code of
Washington and who has restored all contributions which he
has previously withdrawn from any such system or systems.
(2004 Ed.)
Law Enforcement Officers' and Fire Fighters' Retirement System
(2) This section shall not apply to persons who initially
establish membership in the retirement system on or after
July 1, 1979. [1979 ex.s. c 249 § 3; 1977 ex.s. c 294 § 20;
1974 ex.s. c 120 § 8; 1971 ex.s. c 257 § 3.]
Reviser's note: "this 1971 act" [1971 ex.s. c 257] translated to "this
chapter." The act consists of RCW 41.16.146, 41.18.105, 41.26.035,
41.26.045, 41.26.046, 41.26.047, 41.26.270, 41.26.280, and 41.26.290, and
amendments to RCW 41.26.030, 41.26.050, 41.26.090, 41.26.100,
41.26.150, 41.26.160, 41.26.180, 41.26.200, 41.48.030, and 41.48.050.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.046
41.26.046 Minimum medical and health standards—
Board to adopt—Publication and distribution—
Employer certification procedures. By July 31, 1971, the
*retirement board shall adopt minimum medical and health
standards for membership coverage into the Washington law
enforcement officers' and fire fighters' retirement system act.
In adopting such standards the *retirement board shall consider existing standards recommended by the international
association of chiefs of police and the international association of fire fighters, and shall adopt equal or higher standards,
together with appropriate standards and procedures to insure
uniform compliance with this chapter. The standards when
adopted shall be published and distributed to each employer,
and each employer shall adopt certification procedures and
such other procedures as are required to insure that no law
enforcement officer or fire fighter receives membership coverage unless and until he has actually met minimum medical
and health standards: PROVIDED, That an elected sheriff or
an appointed chief of police, fire chief, or director of public
safety shall not be required to meet the age standard. The
*retirement board may amend the minimum medical and
health standards as experience indicates, even if the standards
as so amended are lower or less rigid than those recommended by the international associations mentioned above.
The cost of the medical examination contemplated by this
section is to be paid by the employer. [1987 c 418 § 2; 1977
ex.s. c 294 § 21; 1974 ex.s. c 120 § 12; 1972 ex.s. c 131 § 2;
1971 ex.s. c 257 § 4.]
Reviser's note: (1) "this 1971 act" [1971 ex.s. c 257] translated to "this
chapter." The act consists of RCW 41.16.146, 41.18.105, 41.26.035,
41.26.045, 41.26.046, 41.26.047, 41.26.270, 41.26.280, and 41.26.290, and
amendments to RCW 41.26.030, 41.26.050, 41.26.090, 41.26.100,
41.26.150, 41.26.160, 41.26.180, 41.26.200, 41.48.030, and 41.48.050.
*(2) Powers, duties, and functions of the Washington law enforcement
officers' and fire fighters' retirement board were transferred to the director of
retirement systems by RCW 41.26.051, which has been decodified. See
Table of Disposition of Former RCW Sections, Volume 0.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
Severability—1972 ex.s. c 131: See note following RCW 41.26.030.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.047
41.26.047 Minimum medical and health standards—
Exemptions—Employer may adopt higher standards.
Nothing in RCW 41.26.035, 41.26.045 and 41.26.046 shall
apply to any fire fighters or law enforcement officers who are
employed as such on or before August 1, 1971, as long as
they continue in such employment; nor to promotional
appointments after becoming a member in the police or fire
department of any employer nor to the reemployment of a
(2004 Ed.)
41.26.053
law enforcement officer or fire fighter by the same or a different employer within six months after the termination of his
employment, nor to the reinstatement of a law enforcement
officer or fire fighter who has been on military or disability
leave, disability retirement status, or leave of absence status.
Nothing in this chapter shall be deemed to prevent any
employer from adopting higher medical and health standards
than those which are adopted by the *retirement board.
[1972 ex.s. c 131 § 3; 1971 ex.s. c 257 § 5.]
Reviser's note: (1) "this act" [1971 ex.s. c 257] translated to "this chapter." The act consists of RCW 41.16.146, 41.18.105, 41.26.035, 41.26.045,
41.26.046, 41.26.047, 41.26.270, 41.26.280, and 41.26.290, and amendments to RCW 41.26.030, 41.26.050, 41.26.090, 41.26.100, 41.26.150,
41.26.160, 41.26.180, 41.26.200, 41.48.030, and 41.48.050.
*(2) Powers, duties, and functions of the Washington law enforcement
officers' and fire fighters' retirement board were transferred to the director of
retirement systems by RCW 41.26.051, which has been decodified. See
Table of Disposition of Former RCW Sections, Volume 0.
Severability—1972 ex.s. c 131: See note following RCW 41.26.030.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.048 Special death benefit—Death in the course
of employment. (1) A one hundred fifty thousand dollar
death benefit shall be paid to the member's estate, or such person or persons, trust or organization as the member shall have
nominated by written designation duly executed and filed
with the department. If there be no such designated person or
persons still living at the time of the member's death, such
member's death benefit shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by
written designation, or if there be no such surviving spouse,
then to such member's legal representatives.
(2) The benefit under this section shall be paid only
where death occurs as a result of injuries sustained in the
course of employment. The determination of eligibility for
the benefit shall be made consistent with Title 51 RCW by
the department of labor and industries. The department of
labor and industries shall notify the department of retirement
systems by order under RCW 51.52.050. [1996 c 226 § 1.]
41.26.048
Effective date—1996 c 226: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 28, 1996]." [1996 c 226 § 4.]
41.26.053 Exemption from judicial process, taxes—
Exceptions—Deduction for insurance upon request. (1)
Subject to subsections (2) and (3) of this section, the right of
a person to a retirement allowance, disability allowance, or
death benefit, to the return of accumulated contributions, the
retirement, disability or death allowance itself, any optional
benefit, any other right accrued or accruing to any person
under the provisions of this chapter, and the moneys in the
fund created under this chapter, are hereby exempt from any
state, county, municipal, or other local tax and shall not be
subject to execution, garnishment, attachment, the operation
of bankruptcy or insolvency laws, or any other process of law
whatsoever, and shall be unassignable.
(2) On the written request of any person eligible to
receive benefits under this section, the department may
deduct from such payments the premiums for life, health, or
other insurance. The request on behalf of any child or children shall be made by the legal guardian of such child or chil41.26.053
[Title 41 RCW—page 113]
41.26.056
Title 41 RCW: Public Employment, Civil Service, and Pensions
dren. The department may provide for such persons one or
more plans of group insurance, through contracts with regularly constituted insurance carriers or health care service contractors.
(3) Subsection (1) of this section shall not prohibit the
department from complying with (a) a wage assignment
order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant to
chapter 74.20A RCW, (c) a notice of payroll deduction
issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order
directing the department of retirement systems to pay benefits directly to an obligee under a dissolution order as defined
in RCW 41.50.500(3) which fully complies with RCW
41.50.670 and 41.50.700, or (f) any administrative or court
order expressly authorized by federal law. [1991 c 365 § 20;
1991 c 35 § 25; 1989 c 360 § 24; 1987 c 326 § 22; 1979 ex.s.
c 205 § 4; 1971 ex.s. c 257 § 12; 1970 ex.s. c 6 § 15; 1969
ex.s. c 209 § 23. Formerly RCW 41.26.180.]
Reviser's note: This section was amended by 1991 c 35 § 25 and by
1991 c 365 § 20, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
the disability is the result of criminal conduct by the member
committed after April 21, 1997. [1997 c 103 § 1.]
Severability—1997 c 103: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 103 § 4.]
Effective date—1997 c 103: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 21, 1997]." [1997 c 103 § 5.]
41.26.062
41.26.062 Falsification—Penalty. Any employer,
member or beneficiary who shall knowingly make false statements or shall falsify or permit to be falsified any record or
records of the retirement system in an attempt to defraud the
retirement system, is guilty of a class B felony punishable
according to chapter 9A.20 RCW. [2003 c 53 § 217; 1972
ex.s. c 131 § 10. Formerly RCW 41.26.300.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1972 ex.s. c 131: See note following RCW 41.26.030.
"PLAN 1"
Severability—1991 c 365: See note following RCW 41.50.500.
41.26.075
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—1987 c 326: See RCW 41.50.901.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.075 Provisions applicable to plan 1. RCW
41.26.080 through 41.26.3903 shall apply only to members
of plan 1. [1992 c 72 § 3; 1991 c 35 § 101.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.26.056
41.26.056 No bond required on appeal to court. No
bond of any kind shall be required of a claimant appealing to
the superior court, the court of appeals, or the supreme court
from a decision of the director affecting such claimant's right
to retirement or disability benefits. [1984 c 184 § 18; 1971 c
81 § 103; 1969 ex.s. c 209 § 21. Formerly RCW 41.26.230.]
Severability—1984 c 184: See note following RCW 41.50.150.
41.26.057
41.26.057 Benefit calculation—Limitation. (1) The
annual compensation taken into account in calculating retiree
benefits under this system shall not exceed the limits imposed
by section 401(a)(17) of the federal internal revenue code for
qualified trusts.
(2) The department shall adopt rules as necessary to
implement this section. [1995 c 145 § 1.]
41.26.059
41.26.059 Establishing, restoring service credit. Notwithstanding any provision to the contrary, persons who fail
to:
(1) Establish allowable membership service not previously credited;
(2) Restore all or a part of that previously credited membership service represented by withdrawn contributions; or
(3) Restore service credit represented by a lump sum
payment in lieu of benefits, before the deadline established
by statute, may do so under the conditions set forth in RCW
41.50.165. [1998 c 17 § 1.]
41.26.061
41.26.061 Disability retirement—Criminal conduct.
A member shall not receive a disability retirement benefit
under RCW 41.26.120, 41.26.125, 41.26.130, or 41.26.470 if
[Title 41 RCW—page 114]
41.26.080
41.26.080 Funding total liability of plan 1 system. (1)
Except as set forth under subsection (2) of this section, the
total liability of the plan 1 system shall be funded as follows:
(a) Every plan 1 member shall have deducted from each
payroll a sum equal to six percent of his or her basic salary for
each pay period.
(b) Every employer shall contribute monthly a sum equal
to six percent of the basic salary of each plan 1 employee who
is a member of this retirement system. The employer shall
transmit the employee and employer contributions with a
copy of the payroll to the retirement system monthly.
(c) The remaining liabilities of the plan 1 system shall be
funded as provided in chapter 41.45 RCW.
(d) Every member shall be deemed to consent and agree
to the contribution made and provided for herein, and shall
receipt in full for his or her salary or compensation. Payment
less said contributions shall be a complete discharge of all
claims and demands whatsoever for the services rendered by
such person during the period covered by such payments,
except his or her claim to the benefits to which he or she may
be entitled under the provisions of this chapter.
(2) No employer or member contribution is required
after June 30, 2000, unless the most recent valuation study for
law enforcement officers' and fire fighters' retirement system
plan 1 indicates the plan has unfunded liabilities. [2000 2nd
sp.s. c 1 § 907; 1991 c 35 § 17; 1989 c 273 § 13; 1969 ex.s. c
209 § 8.]
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1989 c 273: See RCW 41.45.900.
(2004 Ed.)
Law Enforcement Officers' and Fire Fighters' Retirement System
41.26.090
41.26.090 Retirement for service. Retirement of a
member for service shall be made by the department as follows:
(1) Any member having five or more service credit years
of service and having attained the age of fifty years shall be
eligible for a service retirement allowance and shall be retired
upon the member's written request effective the first day following the date upon which the member is separated from
service.
(2) Any member having five or more service credit years
of service, who terminates his or her employment with any
employer, may leave his or her contributions in the fund. Any
employee who so elects, upon attaining age fifty, shall be eligible to apply for and receive a service retirement allowance
based on his or her years of service, commencing on the first
day following his or her attainment of age fifty.
(3) Any member selecting optional vesting under subsection (2) of this section with less than twenty service credit
years of service shall not be covered by the provisions of
RCW 41.26.150, and the member's survivors shall not be
entitled to the benefits of RCW 41.26.160 unless his or her
death occurs after he or she has attained the age of fifty years.
Those members selecting this optional vesting with twenty or
more years service shall not be covered by the provisions of
RCW 41.26.150 until the attainment of the age of fifty years.
A member selecting this optional vesting, with less than
twenty service credit years of service credit, who dies prior to
attaining the age of fifty years, shall have paid from the
Washington law enforcement officers' and fire fighters'
retirement fund, to such member's surviving spouse, if any,
otherwise to such beneficiary as the member shall have designated in writing, or if no such designation has been made,
to the personal representative of his or her estate, a lump sum
which is equal to the amount of such member's accumulated
contributions plus accrued interest. If the vested member has
twenty or more service credit years of service credit the surviving spouse or children shall then become eligible for the
benefits of RCW 41.26.160 regardless of the member's age at
the time of his or her death, to the exclusion of the lump sum
amount provided by this subsection.
(4) Any member who has attained the age of sixty years
shall be retired on the first day of the calendar month next
succeeding that in which said member shall have attained the
age of sixty and may not thereafter be employed as a law
enforcement officer or fire fighter: PROVIDED, That for
any member who is elected or appointed to the office of sheriff, chief of police, or fire chief, his or her election or appointment shall be considered as a waiver of the age sixty provision for retirement and nonemployment for whatever number
of years remain in his or her present term of office and any
succeeding periods for which he or she may be so elected or
appointed. The provisions of this subsection shall not apply
to any member who is employed as a law enforcement officer
or fire fighter on March 1, 1970. [1991 sp.s. c 11 § 4. Prior:
1991 c 343 § 15; 1991 c 35 § 18; 1977 ex.s. c 294 § 22; 1972
ex.s. c 131 § 6; 1971 ex.s. c 257 § 8; 1970 ex.s. c 6 § 4; 1969
ex.s. c 209 § 9.]
Purpose—1991 sp.s. c 11: "The purpose of this act is to correct certain
double amendments created during the 1991 regular session that the code
reviser's office is unable to merge under RCW 1.12.025. The session laws
repealed by section 2 of this act are strictly technical in nature and affect no
(2004 Ed.)
41.26.110
policy. Sections *3 through 6 of this act are being reenacted to effectuate a
legislative directive contained in 1991 c 35 s 2." [1991 sp.s. c 11 § 1.]
*Reviser's note: 1991 sp.s. c 11 § 3 was repealed by 1991 sp.s. c 12 § 3.
Effective dates—1991 sp.s. c 11: "(1) Sections *3 through 5 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect September 1, 1991.
(2) Sections 1, 2, and 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
[1991 sp.s. c 11 § 7.]
*Reviser's note: 1991 sp.s. c 11 § 3 was repealed by 1991 sp.s. c 12 § 3.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1972 ex.s. c 131: See note following RCW 41.26.030.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.100
41.26.100 Allowance on retirement for service. A
member upon retirement for service shall receive a monthly
retirement allowance computed according to his or her completed creditable service credit years of service as follows:
Five years but under ten years, one-twelfth of one percent of
his or her final average salary for each month of service; ten
years but under twenty years, one-twelfth of one and one-half
percent of his or her final average salary for each month of
service; and twenty years and over one-twelfth of two percent
of his or her final average salary for each month of service:
PROVIDED, That the recipient of a retirement allowance
who shall return to service as a law enforcement officer or
fire fighter shall be considered to have terminated his or her
retirement status and he or she shall immediately become a
member of the retirement system with the status of membership he or she had as of the date of retirement. Retirement
benefits shall be suspended during the period of his or her
return to service and he or she shall make contributions and
receive service credit. Such a member shall have the right to
again retire at any time and his or her retirement allowance
shall be recomputed, and paid, based upon additional service
rendered and any change in final average salary: PROVIDED FURTHER, That no retirement allowance paid pursuant to this section shall exceed sixty percent of final average salary, except as such allowance may be increased by virtue of RCW 41.26.240, as now or hereafter amended. [1991
c 343 § 16; 1974 ex.s. c 120 § 3; 1972 ex.s. c 131 § 7; 1971
ex.s. c 257 § 9; 1970 ex.s. c 6 § 5; 1969 ex.s. c 209 § 10.]
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
Severability—1972 ex.s. c 131: See note following RCW 41.26.030.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.110
41.26.110 City and county disability boards authorized—Composition—Terms—Reimbursement for
travel expenses—Duties. (1) All claims for disability shall
be acted upon and either approved or disapproved by either
type of disability board authorized to be created in this section.
(a) Each city having a population of twenty thousand or
more shall establish a disability board having jurisdiction
[Title 41 RCW—page 115]
41.26.115
Title 41 RCW: Public Employment, Civil Service, and Pensions
over all members employed by those cities and composed of
the following five members: Two members of the city legislative body to be appointed by the mayor; one active or
retired fire fighter employed by or retired from the city to be
elected by the fire fighters employed by or retired from the
city who are subject to the jurisdiction of the board; one
active or retired law enforcement officer employed by or
retired from the city to be elected by the law enforcement
officers employed by or retired from the city who are subject
to the jurisdiction of the board; and one member from the
public at large who resides within the city to be appointed by
the other four members designated in this subsection. Only
those active or retired fire fighters and law enforcement officers who are subject to the jurisdiction of the board have the
right to elect under this section. All fire fighters and law
enforcement officers employed by or retired from the city are
eligible for election. Each of the elected members shall serve
a two year term. The members appointed pursuant to this
subsection shall serve for two year terms: PROVIDED, That
cities of the first class only, shall retain existing firemen's
pension boards established pursuant to RCW 41.16.020 and
existing boards of trustees of the relief and pension fund of
the police department as established pursuant to RCW
41.20.010 which such boards shall have authority to act upon
and approve or disapprove claims for disability by fire fighters or law enforcement officers as provided under the Washington law enforcement officers' and fire fighters' retirement
system act.
(b) Each county shall establish a disability board having
jurisdiction over all members residing in the county and not
employed by a city in which a disability board is established.
The county disability board so created shall be composed of
five members to be chosen as follows: One member of the
legislative body of the county to be appointed by the county
legislative body; one member of a city or town legislative
body located within the county which does not contain a city
disability board established pursuant to subsection (1)(a) of
this section to be chosen by a majority of the mayors of such
cities and towns within the county which does not contain a
city disability board; one active fire fighter or retired fire
fighter employed by or retired from the county to be elected
by the fire fighters employed or retired in the county who are
not employed by or retired from a city in which a disability
board is established and who are subject to the jurisdiction of
the board; one law enforcement officer or retired law enforcement officer employed by or retired from the county to be
elected by the law enforcement officers employed in or
retired from the county who are not employed by or retired
from a city in which a disability board is established and who
are subject to the jurisdiction of the board; and one member
from the public at large who resides within the county but
does not reside within a city in which a city disability board
is established, to be appointed by the other four members designated in this subsection. However, in counties with a population less than sixty thousand, the member of the disability
board appointed by a majority of the mayors of the cities and
towns within the county that do not contain a city disability
board must be a resident of one of the cities and towns but
need not be a member of a city or town legislative body.
Only those active or retired fire fighters and law enforcement
officers who are subject to the jurisdiction of the board have
[Title 41 RCW—page 116]
the right to elect under this section. All fire fighters and law
enforcement officers employed by or retired from the county
are eligible for election. All members appointed or elected
pursuant to this subsection shall serve for two year terms.
(2) The members of both the county and city disability
boards shall not receive compensation for their service upon
the boards but the members shall be reimbursed by their
respective county or city for all expenses incidental to such
service as to the amount authorized by law.
(3) The disability boards authorized for establishment by
this section shall perform all functions, exercise all powers,
and make all such determinations as specified in this chapter.
[2003 c 30 § 3; 2000 c 234 § 1; 1988 c 164 § 1; 1982 c 12 §
1; 1974 ex.s. c 120 § 9; 1970 ex.s. c 6 § 6; 1969 ex.s. c 219 §
3; 1969 ex.s. c 209 § 11.]
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
41.26.115
41.26.115 Director of retirement systems to adopt
rules governing disability boards—Remand of orders not
in accordance with rules. (1) The director of retirement systems shall adopt rules, in accordance with chapter 34.05
RCW, under which each disability board shall execute its disability retirement duties under this chapter. The rules shall
include, but not be limited to, the following:
(a) Standards governing the type and manner of presentation of medical, employability, and other evidence before
disability boards; and
(b) Standards governing the necessity and frequency of
medical and employability reexaminations of persons receiving disability benefits.
(2) If the director determines that an order or determination of a disability board was not processed in accordance
with the rules established under this section, the director may
remand the order or determination for further proceedings
consistent with the rules. [1981 c 294 § 1.]
Severability—1981 c 294: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 294 § 16.]
41.26.120
41.26.120 Retirement for disability incurred in the
line of duty. Any member, regardless of age or years of service may be retired by the disability board, subject to
approval by the director as hereinafter provided, for any disability incurred in the line of duty which has been continuous
since his or her discontinuance of service and which renders
the member unable to continue service. No disability retirement allowance shall be paid until the expiration of a period
of six months after the discontinuance of service during
which period the member, if found to be physically or mentally unfit for duty by the disability board following receipt of
his or her application for disability retirement, shall be
granted a disability leave by the disability board and shall
receive an allowance equal to the full monthly salary and
shall continue to receive all other benefits provided to active
employees from the employer for such period. However, if, at
any time during the initial six-month period, the disability
board finds the beneficiary is no longer disabled, the disability leave allowance shall be canceled and the member shall be
restored to duty in the same rank or position, if any, held by
the beneficiary at the time the member became disabled.
(2004 Ed.)
Law Enforcement Officers' and Fire Fighters' Retirement System
Applications for disability retirement shall be processed in
accordance with the following procedures:
(1) Any member who believes he or she is or is believed
to be physically or mentally disabled shall be examined by
such medical authority as the disability board shall employ,
upon application of said member, or a person acting in his or
her behalf, stating that said member is disabled, either physically or mentally: PROVIDED, That no such application
shall be considered unless said member or someone in his or
her behalf, in case of the incapacity of a member, shall have
filed the application within a period of one year from and
after the discontinuance of service of said member.
(2) If the examination shows, to the satisfaction of the
disability board, that the member is physically or mentally
disabled from the further performance of duty, that such disability was incurred in the line of duty, and that such disability has been continuous from the discontinuance of service,
the disability board shall enter its written decision and order,
accompanied by appropriate findings of fact and by conclusions evidencing compliance with this chapter as now or
hereafter amended, granting the member a disability retirement allowance; otherwise, if the member is not found by the
disability board to be so disabled, the application shall be
denied pursuant to a similar written decision and order, subject to appeal to the director in accordance with RCW
41.26.200: PROVIDED, That in any order granting a duty
disability retirement allowance, the disability board shall
make a finding that the disability was incurred in line of duty.
(3) Every order of a disability board granting a duty disability retirement allowance shall forthwith be reviewed by
the director except the finding that the disability was incurred
in the line of duty. The director may affirm the decision of the
disability board or remand the case for further proceedings,
or the director may reverse the decision of the disability
board if the director finds the disability board's findings,
inferences, conclusions, or decisions are:
(a) In violation of constitutional provisions; or
(b) In excess of the statutory authority or jurisdiction of
the disability board; or
(c) Made upon unlawful procedure; or
(d) Affected by other error of law; or
(e) Clearly erroneous in view of the entire record as submitted and the public policy contained in this chapter; or
(f) Arbitrary or capricious.
(4) Every member who can establish, to the disability
board, that he or she is physically or mentally disabled from
the further performance of duty, that such disability was
incurred in the line of duty, and that such disability will be in
existence for a period of at least six months may waive the
six-month period of disability leave and be immediately
granted a duty disability retirement allowance, subject to the
approval of the director as provided in subsection (3) of this
section. [1991 c 35 § 19; 1986 c 176 § 5; 1985 c 102 § 2;
1981 c 294 § 2; 1974 ex.s. c 120 § 10; 1972 ex.s. c 131 § 8;
1970 ex.s. c 6 § 7; 1969 ex.s. c 209 § 12.]
Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—1985 c 102: "As expressed in RCW 41.26.270, the intent of
the legislature in enacting the law enforcement officers' and fire fighters'
retirement system was to provide in RCW 41.26.120 a statute in the nature of
a workers' compensation act which provides compensation to employees for
personal injuries or sickness incurred in the course of employment. The sole
purpose of this 1985 act is to clarify that intent." [1985 c 102 § 1.]
(2004 Ed.)
41.26.125
Retrospective application—1985 c 102: "The provisions of this 1985
act apply retrospectively to all disability leave and disability retirement
allowances granted under chapter 41.26 RCW on or after March 1, 1970."
[1985 c 102 § 7.]
Severability—1981 c 294: See note following RCW 41.26.115.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
Severability—1972 ex.s. c 131: See note following RCW 41.26.030.
Disability leave supplement for law enforcement officers and fire fighters:
RCW 41.04.500 through 41.04.550.
41.26.125
41.26.125 Retirement for disability not incurred in
the line of duty. Any member, regardless of age or years of
service, may be retired by the disability board, subject to
approval by the director as provided in this section, for any
disability not incurred in the line of duty which has been continuous since discontinuance of service and which renders the
member unable to continue service. No disability retirement
allowance may be paid until the expiration of a period of six
months after the discontinuance of service during which
period the member, if found to be physically or mentally unfit
for duty by the disability board following receipt of the member's application for disability retirement, shall be granted a
disability leave by the disability board and shall receive an
allowance equal to the member's full monthly salary and shall
continue to receive all other benefits provided to active
employees from the member's employer for the period. However, if, at any time during the initial six-month period, the
disability board finds the beneficiary is no longer disabled,
the disability leave allowance shall be canceled and the member shall be restored to duty in the same rank or position, if
any, held by the member at the time the member became disabled. Applications for disability retirement shall be processed in accordance with the following procedures:
(1) Any member who believes he or she is, or is believed
to be, physically or mentally disabled shall be examined by
such medical authority as the disability board shall employ,
upon application of the member, or a person acting in the
member's behalf, stating that the member is disabled, either
physically or mentally: PROVIDED, That no such application shall be considered unless the member or someone acting in the member's behalf, in case of the incapacity of a
member, has filed the application within a period of one year
from and after the discontinuance of service of the member.
(2) If the examination shows, to the satisfaction of the
disability board, that the member is physically or mentally
disabled from the further performance of duty, that such disability was not incurred in the line of duty, and that such disability had been continuous from the discontinuance of service, the disability board shall enter its written decision and
order, accompanied by appropriate findings of fact and by
conclusions evidencing compliance with this chapter, granting the member a disability retirement allowance. Otherwise,
if the member is not found by the disability board to be so disabled, the application shall be denied pursuant to a similar
written decision and order, subject to appeal to the director in
accordance with RCW 41.26.200: PROVIDED, That in any
order granting a nonduty disability retirement allowance, the
disability board shall make a finding that the disability was
not incurred in the line of duty.
(3) Every order of a disability board granting a nonduty
disability retirement allowance shall forthwith be reviewed
[Title 41 RCW—page 117]
41.26.130
Title 41 RCW: Public Employment, Civil Service, and Pensions
by the director except the finding that the disability was not
incurred in the line of duty. The director may affirm the decision of the disability board or remand the case for further proceedings, or the director may reverse the decision of the disability board if the director finds the disability board's findings, inferences, conclusions, or decisions are:
(a) In violation of constitutional provisions; or
(b) In excess of the statutory authority or jurisdiction of
the disability board; or
(c) Made upon unlawful procedure; or
(d) Affected by other error of law; or
(e) Clearly erroneous in view of the entire record as submitted and the public policy contained in this chapter; or
(f) Arbitrary or capricious.
(4) Every member who can establish to the disability
board that the member is physically or mentally disabled
from the further performance of duty, that such disability was
not incurred in the line of duty, and that such disability will
be in existence for a period of at least six months, may waive
the six-month period of disability leave and be immediately
granted a nonduty disability retirement allowance, subject to
the approval of the director as provided in subsection (3) of
this section. [1986 c 176 § 6; 1985 c 102 § 3.]
Purpose—Retrospective application—1985 c 102: See notes following RCW 41.26.120.
41.26.130
41.26.130 Allowance on retirement for disability. (1)
Upon retirement for disability a member shall be entitled to
receive a monthly retirement allowance computed as follows:
(a) A basic amount of fifty percent of final average salary at
time of disability retirement, and (b) an additional five percent of final average salary for each child as defined in RCW
41.26.030(7), (c) the combined total of (a) and (b) of this subsection shall not exceed a maximum of sixty percent of final
average salary.
(2) A disabled member shall begin receiving the disability retirement allowance as of the expiration of his or her six
month period of disability leave or, if his or her application
was filed after the sixth month of discontinuance of service
but prior to the one year time limit, the member's disability
retirement allowance shall be retroactive to the end of the
sixth month.
(3) Benefits under this section will be payable until the
member recovers from the disability or dies. If at the time that
the disability ceases the member is over the age of fifty, he or
she shall then receive either disability retirement allowance
or retirement for service allowance, whichever is greater.
(4) Benefits under this section for a disability that is
incurred while in other employment will be reduced by any
amount the member receives or is entitled to receive from
workers' compensation, social security, group insurance,
other pension plan, or any other similar source provided by
another employer on account of the same disability.
(5) A member retired for disability shall be subject to
periodic examinations by a physician approved by the disability board prior to attainment of age fifty, pursuant to rules
adopted by the director under RCW 41.26.115. Examinations
of members who retired for disability prior to July 26, 1981,
shall not exceed two medical examinations per year. [1991 c
35 § 20; 1987 c 185 § 11; 1981 c 294 § 3; 1970 ex.s. c 6 § 8;
1969 ex.s. c 209 § 13.]
[Title 41 RCW—page 118]
Intent—1991 c 35: See note following RCW 41.26.005.
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Severability—1981 c 294: See note following RCW 41.26.115.
41.26.135
41.26.135 Cessation of disability—Determination.
(1) A disabled member who believes that his or her disability
has ceased in accordance with RCW 41.26.130(3) may make
application to the disability board which originally found the
member to be disabled, for a determination that the disability
has ceased.
(2) Every order of a disability board determining that a
m e m b e r 's d is a b i li ty h a s c e a s e d p u r s u a n t to RC W
41.26.130(3) shall forthwith be reviewed by the director. The
director may affirm the decision of the disability board or
remand the case for further proceedings if the director finds
the disability board's findings, inferences, conclusions, or
decisions are:
(a) In violation of constitutional provisions; or
(b) In excess of the statutory authority or jurisdiction of
the disability board; or
(c) Made upon unlawful procedure; or
(d) Affected by other error of law; or
(e) Clearly erroneous in view of the entire record as submitted and the public policy contained in this chapter; or
(f) Arbitrary or capricious.
(3) Determinations of whether a disability has ceased
under RCW 41.26.130(3) and this section shall be made in
accordance with the same procedures and standards governing other cancellations of disability retirement. [1985 c 103
§ 1.]
41.26.140
41.26.140 Reexaminations of disability beneficiaries—Reentry—Appeal. (1) Upon the basis of reexaminations of members on disability retirement as provided in
RCW 41.26.130, the disability board shall determine whether
such disability beneficiary is still unable to perform his or her
duties either physically or mentally for service in the department where he or she was employed.
(2) If the disability board shall determine that the beneficiary is not so incapacitated the retirement allowance shall be
canceled and the member shall be restored to duty in the same
civil service rank, if any, held by the beneficiary at the time
of his or her retirement or if unable to perform the duties of
said rank, then, at his or her request, in such other like or
lesser rank as may be or become open and available, the
duties of which he or she is then able to perform. In no event,
shall a beneficiary previously drawing a disability allowance
be returned or be restored to duty at a salary or rate of pay less
than the current salary attached to the rank or position held by
the said beneficiary at the date of retirement for disability. If
the disability board determines that the beneficiary is able to
return to service he or she shall be entitled to notice and a
hearing, both the notice and the hearing shall comply with the
requirements of chapter 34.05 RCW, as now or hereafter
amended.
(3) Should a disability beneficiary reenter service and be
eligible for membership in the retirement system, the retirement allowance shall be canceled and he or she shall immediately become a member of the retirement system.
(2004 Ed.)
Law Enforcement Officers' and Fire Fighters' Retirement System
(4) Should any disability beneficiary under age fifty
refuse to submit to examination, the retirement allowance
shall be discontinued until withdrawal of such refusal, and
should such refusal continue for one year or more, the retirement allowance shall be canceled.
(5) Should the disability retirement allowance of any disability beneficiary be canceled for any cause other than reentrance into service or retirement for service, he or she shall be
paid the excess, if any, of the accumulated contributions at
the time of retirement over all payments made on his or her
behalf under this chapter.
(6) Any person feeling aggrieved by an order of a disability board determining that a beneficiary's disability has
not ceased, pursuant to RCW 41.26.130(3) has the right to
appeal the order or determination to the director. The director
shall have no jurisdiction to entertain the appeal unless a
notice of appeal is filed with the director within thirty days
following the rendition of the order by the disability board. A
copy of the notice of appeal shall be served upon the director
and the applicable disability board and, within ninety days
thereof, the disability board shall certify its decision and
order which shall include findings of fact and conclusions of
law, together with a transcript of all proceedings in connection therewith, to the director for review. Upon review of the
record, the director may affirm the order of the disability
board or may remand the case for further proceedings if the
director finds that the disability board's findings, inferences,
conclusions, or decisions are:
(a) In violation of constitutional provisions; or
(b) In excess of the statutory authority or jurisdiction of
the disability board; or
(c) Made upon unlawful procedure; or
(d) Affected by other error of law; or
(e) Clearly erroneous in view of the entire record as submitted and the public policy contained in this chapter; or
(f) Arbitrary or capricious. [1991 c 35 § 21; 1985 c 103
§ 2; 1981 c 294 § 4; 1974 ex.s. c 120 § 4; 1970 ex.s. c 6 § 9;
1969 ex.s. c 209 § 14.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1981 c 294: See note following RCW 41.26.115.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
41.26.150
41.26.150 Sickness or disability benefits—Medical
services. (1) Whenever any active member, or any member
hereafter retired, on account of service, sickness, or disability, not caused or brought on by dissipation or abuse, of
which the disability board shall be judge, is confined in any
hospital or in home, and whether or not so confined, requires
medical services, the employer shall pay for the active or
retired member the necessary medical services not payable
from some other source as provided for in subsection (2) of
this section. In the case of active or retired fire fighters the
employer may make the payments provided for in this section
from the firemen's pension fund established pursuant to RCW
41.16.050 where the fund had been established prior to
March 1, 1970. If this pension fund is depleted, the employer
shall have the obligation to pay all benefits payable under
chapters 41.16 and 41.18 RCW.
(a) The disability board in all cases may have the active
or retired member suffering from such sickness or disability
(2004 Ed.)
41.26.160
examined at any time by a licensed physician or physicians,
to be appointed by the disability board, for the purpose of
ascertaining the nature and extent of the sickness or disability, the physician or physicians to report to the disability
board the result of the examination within three days thereafter. Any active or retired member who refuses to submit to
such examination or examinations shall forfeit all rights to
benefits under this section for the period of the refusal.
(b) The disability board shall designate the medical services available to any sick or disabled member.
(2) The medical services payable under this section will
be reduced by any amount received or eligible to be received
by the member under workers' compensation, social security
including the changes incorporated under Public Law 89-97,
insurance provided by another employer, other pension plan,
or any other similar source. Failure to apply for coverage if
otherwise eligible under the provisions of Public Law 89-97
shall not be deemed a refusal of payment of benefits thereby
enabling collection of charges under the provisions of this
chapter.
(3) Upon making the payments provided for in subsection (1) of this section, the employer shall be subrogated to all
rights of the member against any third party who may be held
liable for the member's injuries or for payment of the cost of
medical services in connection with a member's sickness or
disability to the extent necessary to recover the amount of
payments made by the employer.
(4) Any employer under this chapter, either singly, or
jointly with any other such employer or employers through
an association thereof as provided for in chapter 48.21 RCW,
may provide for all or part of one or more plans of group hospitalization and medical aid insurance to cover any of its
employees who are members of the Washington law enforcement officers' and fire fighters' retirement system, and/ or
retired former employees who were, before retirement, members of the retirement system, through contracts with regularly constituted insurance carriers, with health maintenance
organizations as defined in chapter 48.46 RCW, or with
health care service contractors as defined in chapter 48.44
RCW. Benefits payable under any the [under the] plan or
plans shall be deemed to be amounts received or eligible to be
received by the active or retired member under subsection (2)
of this section.
(5) Any employer under this chapter may, at its discretion, elect to reimburse a retired former employee under this
chapter for premiums the retired former employee has paid
for medical insurance that supplements medicare, including
premiums the retired former employee has paid for medicare
part B coverage. [1992 c 22 § 3; 1991 c 35 § 22; 1987 c 185
§ 12; 1983 c 106 § 23; 1974 ex.s. c 120 § 11; 1971 ex.s. c 257
§ 10; 1970 ex.s. c 6 § 10; 1969 ex.s. c 219 § 4; 1969 ex.s. c
209 § 15.]
Intent—1991 c 35: See note following RCW 41.26.005.
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.160
41.26.160 Death benefits—Duty connected. (1) In the
event of the duty connected death of any member who is in
[Title 41 RCW—page 119]
41.26.161
Title 41 RCW: Public Employment, Civil Service, and Pensions
active service, or who has vested under the provisions of
RCW 41.26.090 with twenty or more service credit years of
service, or who is on duty connected disability leave or
retired for duty connected disability, the surviving spouse
shall become entitled, subject to RCW 41.26.162(2), to
receive a monthly allowance equal to fifty percent of the final
average salary at the date of death if active, or the amount of
retirement allowance the vested member would have
received at age fifty, or the amount of the retirement allowance such retired member was receiving at the time of death
if retired for duty connected disability. The amount of this
allowance will be increased five percent of final average salary for each child as defined in RCW 41.26.030(7), subject to
a maximum combined allowance of sixty percent of final
average salary: PROVIDED, That if the child or children is
or are in the care of a legal guardian, payment of the increase
attributable to each child will be made to the child's legal
guardian or, in the absence of a legal guardian and if the
member has created a trust for the benefit of the child or children, payment of the increase attributable to each child will
be made to the trust.
(2) If at the time of the duty connected death of a vested
member with twenty or more service credit years of service
as provided in subsection (1) of this section or a member
retired for duty connected disability, the surviving spouse has
not been lawfully married to such member for one year prior
to retirement or separation from service if a vested member,
the surviving spouse shall not be eligible to receive the benefits under this section: PROVIDED, That if a member dies as
a result of a disability incurred in the line of duty, then if he
or she was married at the time he or she was disabled, the surviving spouse shall be eligible to receive the benefits under
this section.
(3) If there be no surviving spouse eligible to receive
benefits at the time of such member's duty connected death,
then the child or children of such member shall receive a
monthly allowance equal to thirty percent of final average
salary for one child and an additional ten percent for each
additional child subject to a maximum combined payment,
under this subsection, of sixty percent of final average salary.
When there cease to be any eligible children as defined in
RCW 41.26.030(7), there shall be paid to the legal heirs of
the member the excess, if any, of accumulated contributions
of the member at the time of death over all payments made to
survivors on his or her behalf under this chapter: PROVIDED, That payments under this subsection to children
shall be prorated equally among the children, if more than
one. If the member has created a trust for the benefit of the
child or children, the payment shall be made to the trust.
(4) In the event that there is no surviving spouse eligible
to receive benefits under this section, and that there be no
child or children eligible to receive benefits under this section, then the accumulated contributions shall be paid to the
estate of the member.
(5) If a surviving spouse receiving benefits under this
section remarries after June 13, 2002, the surviving spouse
shall continue to receive the benefits under this section.
(6) If a surviving spouse receiving benefits under the
provisions of this section thereafter dies and there are children as defined in RCW 41.26.030(7), payment to the spouse
[Title 41 RCW—page 120]
shall cease and the child or children shall receive the benefits
as provided in subsection (3) of this section.
(7) The payment provided by this section shall become
due the day following the date of death and payments shall be
retroactive to that date. [2002 c 158 § 1; 1999 c 134 § 2; 1991
sp.s. c 11 § 5. Prior: 1991 c 343 § 17; 1991 c 35 § 23; 1986 c
176 § 7; 1977 ex.s. c 294 § 23; 1974 ex.s. c 120 § 5; 1972
ex.s. c 131 § 9; 1971 ex.s. c 257 § 11; 1970 ex.s. c 6 § 12;
1969 ex.s. c 209 § 17.]
Purpose—1999 c 134: "The purpose of sections 1 through 4 of this act
is to clarify that the intent of the legislature in enacting RCW 41.26.160,
insofar as that section provides benefits to members or surviving spouses for
deaths incurred in the line of duty, was to provide a statute in the nature of a
workers' compensation act that provides compensation to employees or surviving spouses for personal injuries or deaths incurred in the course of
employment. Accordingly, this act amends and divides RCW 41.26.160 into
two separate sections. Section 2 of this act clarifies and emphasizes the legislature's intent that the death benefits granted by RCW 41.26.160, as
amended, are granted only to those members who die or become disabled by
any injury or incapacity that is incurred in the line of duty. Section 3 of this
act continues to provide death retirement benefits to members or surviving
spouses for deaths not incurred in the line of duty." [1999 c 134 § 1.]
Retroactive application—1999 c 134 § 2: "The provisions of section
2 of this act apply retrospectively to all line of duty death retirement allowances granted under chapter 41.26 RCW prior to April 28, 1999." [1999 c
134 § 4.]
Effective date—1999 c 134: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 28, 1999]." [1999 c 134 § 5.]
Purpose—Effective dates—1991 sp.s. c 11: See notes following RCW
41.26.090.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
Severability—1972 ex.s. c 131: See note following RCW 41.26.030.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.161
41.26.161 Death benefits—Nonduty connected. (1) In
the event of the nonduty connected death of any member who
is in active service, or who has vested under the provisions of
RCW 41.26.090 with twenty or more service credit years of
service, or who is on disability leave or retired, whether for
nonduty connected disability or service, the surviving spouse
shall become entitled, subject to RCW 41.26.162(2), to
receive a monthly allowance equal to fifty percent of the final
average salary at the date of death if active, or the amount of
retirement allowance the vested member would have
received at age fifty, or the amount of the retirement allowance such retired member was receiving at the time of death
if retired for service or nonduty connected disability. The
amount of this allowance will be increased five percent of
final average salary for each child as defined in RCW
41.26.030(7), subject to a maximum combined allowance of
sixty percent of final average salary: PROVIDED, That if the
child or children is or are in the care of a legal guardian, payment of the increase attributable to each child will be made to
the child's legal guardian or, in the absence of a legal guardian and if the member has created a trust for the benefit of the
child or children, payment of the increase attributable to each
child will be made to the trust.
(2004 Ed.)
Law Enforcement Officers' and Fire Fighters' Retirement System
(2) If at the time of the death of a vested member with
twenty or more service credit years of service as provided in
subsection (1) of this section or a member retired for service
or disability, the surviving spouse has not been lawfully married to such member for one year prior to retirement or separation from service if a vested member, the surviving spouse
shall not be eligible to receive the benefits under this section.
(3) If there be no surviving spouse eligible to receive
benefits at the time of such member's death, then the child or
children of such member shall receive a monthly allowance
equal to thirty percent of final average salary for one child
and an additional ten percent for each additional child subject
to a maximum combined payment, under this subsection, of
sixty percent of final average salary. When there cease to be
any eligible children as defined in RCW 41.26.030(7), there
shall be paid to the legal heirs of the member the excess, if
any, of accumulated contributions of the member at the time
of death over all payments made to survivors on his or her
behalf under this chapter: PROVIDED, That payments under
this subsection to children shall be prorated equally among
the children, if more than one. If the member has created a
trust for the benefit of the child or children, the payment shall
be made to the trust.
(4) In the event that there is no surviving spouse eligible
to receive benefits under this section, and that there be no
child or children eligible to receive benefits under this section, then the accumulated contributions shall be paid to the
estate of said member.
(5) If a surviving spouse receiving benefits under this
section remarries after June 13, 2002, the surviving spouse
shall continue to receive the benefits under this section.
(6) If a surviving spouse receiving benefits under the
provisions of this section thereafter dies and there are children as defined in RCW 41.26.030(7), payment to the spouse
shall cease and the child or children shall receive the benefits
as provided in subsection (3) of this section.
(7) The payment provided by this section shall become
due the day following the date of death and payments shall be
retroactive to that date. [2002 c 158 § 2; 1999 c 134 § 3.]
Purpose—Effective date—1999 c 134: See notes following RCW
41.26.160.
41.26.162
41.26.162 Ex spouse qualifying as surviving spouse—
When. (1)(a) An ex spouse of a law enforcement officers'
and fire fighters' retirement system retiree shall qualify as
surviving spouse under RCW 41.26.160 if the ex spouse:
(i) Has been provided benefits under any currently effective court decree of dissolution or legal separation or in any
court order or court-approved property settlement agreement
incident to any court decree of dissolution or legal separation
entered after the member's retirement and prior to December
31, 1979; and
(ii) Was married to the retiree for at least thirty years,
including at least twenty years prior to the member's retirement or separation from service if a vested member.
(b) If two or more persons are eligible for a surviving
spouse benefit under this subsection, benefits shall be divided
between the surviving spouses based on the percentage of
total service credit the member accrued during each marriage.
(c) This subsection shall apply retroactively.
(2004 Ed.)
41.26.164
(2)(a) An ex spouse of a law enforcement officers' and
fire fighters' retirement system plan 1 retiree who:
(i) Divorces the member before separation from service;
and
(ii) Entered into the court order or court-approved property settlement agreement incident to the divorce of the member and ex spouse after July 1, 2003;
may be awarded a portion of the member's benefit and a portion of any spousal survivor's benefit pursuant to RCW
41.26.160 or 41.26.161 after the member's death if specified
in the court order or court-approved property settlement.
(b) This subsection shall not apply retroactively.
(3)(a) An ex spouse of a law enforcement officers' and
fire fighters' retirement system plan 1 member with at least
thirty years of service who:
(i) Divorced the member after being married to the member for at least twenty-five years; and
(ii) Entered into a court order or court-approved property
settlement agreement incident to the divorce that awarded a
portion of the member's benefits to the ex spouse after June
13, 2002;
shall continue to receive that portion of the member's benefit
after the member's death as if the member was still alive.
(b) This subsection shall apply only to a divorce entered
into after January 1, 1997. However, no payments shall be
made to an ex spouse of a deceased member qualifying under
this subsection for any period prior to June 13, 2002. [2002 c
158 § 3; 1991 sp.s. c 12 § 2.]
41.26.164
41.26.164 Optional reduced retirement allowance—
Continues for spouse otherwise ineligible for survivor
benefits. (1) No later than July 1, 2003, the department shall
adopt rules to allow a member who meets the criteria set forth
in subsection (2) of this section to choose an actuarially
equivalent benefit that pays the member a reduced retirement
allowance and upon death, such portion of the member's
reduced retirement allowance as the department by rule designates shall be continued throughout the life of a spouse
ineligible for survivor benefits under RCW 41.26.160 or
41.26.161.
(2) To choose an actuarially equivalent benefit according
to subsection (1) of this section, a member shall:
(a) Have the retirement allowance payable to the retiree
not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670;
(b) Have no qualified ex spouse under RCW
41.26.162(1); and
(c) Choose an actuarially reduced benefit during a oneyear period beginning one year after the date of marriage to
the survivor benefit-ineligible spouse.
(3) A member who married a spouse ineligible for survivor benefits under RCW 41.26.160 or 41.26.161 prior to the
effective date of the rules adopted under this section and satisfies the conditions of subsection (2)(a) and (b) of this section has one year to designate their spouse as a survivor beneficiary following the adoption of the rules.
(4) No benefit provided to a child survivor beneficiary
under RCW 41.26.160 or 41.26.161 is affected or reduced by
the member's selection of the actuarially reduced spousal survivor benefit provided by this section.
[Title 41 RCW—page 121]
41.26.170
Title 41 RCW: Public Employment, Civil Service, and Pensions
(5)(a) Any member who chose to receive a reduced
retirement allowance under subsection (1) of this section is
entitled to receive a retirement allowance adjusted in accordance with (b) of this subsection if:
(i) The retiree's survivor spouse designated in subsection
(1) of this section predeceases the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary's death.
(b) The retirement allowance payable to the retiree from
the beginning of the month following the date of the beneficiaries [beneficiary's] death shall be increased by the following:
(i) One hundred percent multiplied by the result of (b)(ii)
of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor. [2002 c 158 § 4.]
41.26.170
41.26.170 Refund of contributions on discontinuance
of service—Reentry. (1) Should service of a member be discontinued except by death, disability, or retirement, the member shall, upon application therefor, be paid the accumulated
contributions within sixty days after the day of application
and the rights to all benefits as a member shall cease: PROVIDED, That any member with at least five years' service
may elect the provisions of RCW 41.26.090(2).
(2) Any member whose contributions have been paid in
accordance with subsection (1) of this section and who reenters the service of an employer shall upon the restoration of
withdrawn contributions, which restoration must be completed within a total period of five years of service following
resumption of employment, then receive credit toward retirement for the period of previous service which these contributions are to cover.
(3) If the member fails to meet the time limitations of
subsection (2) of this section, the member may make the payment required under RCW 41.50.165(2) prior to retirement.
The member shall then receive credit toward retirement for
the period of previous service that the withdrawn contributions cover. [1994 c 197 § 6; 1991 c 35 § 24; 1970 ex.s. c 6 §
14; 1969 ex.s. c 209 § 22.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
41.26.190
41.26.190 Credit for military service. Each person
affected by this chapter who at the time of entering the armed
services was a member of this system, and has honorably
served in the armed services of the United States, shall have
added to the period of service as computed under this chapter,
the period of service in the armed forces: PROVIDED, That
such credited service shall not exceed five years. [1991 c 35
§ 26; 1970 ex.s. c 6 § 13; 1969 ex.s. c 209 § 18.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.26.192
41.26.192 Credit for service under prior pension system—Restoration of withdrawn contributions. If a member of plan 1 served as a law enforcement officer or fire
fighter under a prior pension system and that service is not
creditable to plan 1 because the member withdrew his or her
contributions plus accrued interest from the prior pension
[Title 41 RCW—page 122]
system, the member's prior service as a law enforcement
officer shall be credited to plan 1 if the member pays to the
retirement system the amount under RCW 41.50.165(2) prior
to retirement. [1994 c 197 § 7; 1992 c 157 § 1.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
41.26.194
41.26.194 Credit for service under prior pension system—Service not covered under prior system. If a plan 1
member's prior service as a law enforcement officer or fire
fighter under a prior pension system is not creditable because,
although employed in a position covered by a prior pension
act, the member had not yet become a member of the pension
system governed by the act, the member's prior service as a
law enforcement officer or fire fighter shall be creditable
under plan 1, if the member pays to the plan the amount set
forth under RCW 41.50.165(2) prior to retirement. [1994 c
197 § 8; 1992 c 157 § 2.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
41.26.195
41.26.195 Transfer of service credit from other
retirement system—Irrevocable election allowed. Any
member of the teachers' retirement system plans 1, 2, or 3, the
public employees' retirement system plans 1, 2, or 3, the
school employees' retirement system plans 2 or 3, or the
Washington state patrol retirement system plans 1 or 2 who
has previously established service credit in the law enforcement officers' and fire fighters' retirement system plan 1 may
make an irrevocable election to have such service transferred
to their current retirement system and plan subject to the following conditions:
(1) If the individual is employed by an employer in an
eligible position, as of July 1, 1997, the election to transfer
service must be filed in writing with the department no later
than July 1, 1998. If the individual is not employed by an
employer in an eligible position, as of July 1, 1997, the election to transfer service must be filed in writing with the
department no later than one year from the date they are
employed by an employer in an eligible position.
(2) An individual transferring service under this section
forfeits the rights to all benefits as a member of the law
enforcement officers' and fire fighters' retirement system plan
1 and will be permanently excluded from membership.
(3) Any individual choosing to transfer service under this
section will have transferred to their current retirement system and plan: (a) All the individual's accumulated contributions; (b) an amount sufficient to ensure that the employer
contribution rate in the individual's current system and plan
will not increase due to the transfer; and (c) all applicable
months of service, as defined in RCW 41.26.030(14)(a).
(4) If an individual has withdrawn contributions from the
law enforcement officers' and fire fighters' retirement system
plan 1, the individual may restore the contributions, together
with interest as determined by the director, and recover the
service represented by the contributions for the sole purpose
of transferring service under this section. The contributions
must be restored before the transfer can occur and the restoration must be completed within the time limitations specified in subsection (1) of this section.
(2004 Ed.)
Law Enforcement Officers' and Fire Fighters' Retirement System
(5) Any service transferred under this section does not
apply to the eligibility requirements for military service
credit as defined in RCW 41.40.170(3) or 43.43.260(3).
(6) If an individual does not meet the time limitations of
subsection (1) of this section, the individual may elect to
restore any withdrawn contributions and transfer service
under this section by paying the amount required under subsection (3)(b) of this section less any employee contributions
transferred. [2003 c 294 § 2; 1997 c 122 § 1.]
41.26.197
41.26.197 Service credit for paid leave of absence—
Application to elected officials of labor organizations. (1)
A member who is on a paid leave of absence authorized by a
member's employer shall continue to receive service credit as
provided under the provisions of RCW 41.26.080 through
41.26.3903.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member's
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The basic
salary reported for a member who establishes service credit
under this subsection may not be greater than the salary paid
to the highest paid job class covered by the collective bargaining agreement. [1993 c 95 § 3.]
Retroactive application—Effective date—1993 c 95: See notes following RCW 41.40.175.
41.26.240
41.26.211
41.26.211 Notice for hearing required prior to petitioning for judicial review. Any person aggrieved by any
final decision of the director must, before petitioning for judicial review, file with the director of the retirement system by
mail or personally within sixty days from the day such decision was communicated to such person, a notice for a hearing. The notice of hearing shall set forth in full detail the
grounds upon which such person considers such decision
unjust or unlawful and shall include every issue to be considered, and it must contain a detailed statement of facts upon
which such person relies in support thereof. Such persons
shall be deemed to have waived all objections or irregularities concerning the matter on which such appeal is taken
other than those specifically set forth in the notice of hearing
or appearing in the records of the retirement system. [1984 c
184 § 16; 1981 c 294 § 6; 1969 ex.s. c 209 § 19. Formerly
RCW 41.26.052, 41.26.210.]
Severability—1984 c 184: See note following RCW 41.50.150.
Severability—1981 c 294: See note following RCW 41.26.115.
41.26.221
41.26.221 Hearing—Conduct. A hearing shall be held
by the director, or the director's duly authorized representative, in the county of the residence of the claimant at a time
and place designated by the director. Such hearing shall be de
novo and shall conform to the provisions of chapter 34.05
RCW, as now or hereafter amended. The disability board and
the department shall be entitled to appear in all such proceedings and introduce testimony in support of the decision. Judicial review of any final decision by the director shall be governed by the provisions of chapter 34.05 RCW as now law or
hereafter amended. [1984 c 184 § 17; 1981 c 294 § 7; 1969
ex.s. c 209 § 20. Formerly RCW 41.26.054, 41.26.220.]
Severability—1984 c 184: See note following RCW 41.50.150.
Severability—1981 c 294: See note following RCW 41.26.115.
41.26.200
41.26.200 Appeal to director of retirement systems.
Any person feeling aggrieved by any order or determination
of a disability board denying disability leave or disability
retirement, or canceling a previously granted disability retirement allowance, shall have the right to appeal the order or
determination to the director. The director shall have no jurisdiction to entertain the appeal unless a notice of appeal is
filed with the director within thirty days following the rendition of the order by the applicable disability board. A copy of
the notice of appeal shall be served upon the director and the
applicable disability board and, within ninety days thereof,
the disability board shall certify its decision and order which
shall include findings of fact and conclusions of law, together
with a transcript of all proceedings in connection therewith,
to the director for review. Upon review of the record, the
director may affirm the order of the disability board or may
remand the case for such further proceedings as he or she
may direct, in accordance with such rules of procedure as the
director shall promulgate. [1981 c 294 § 5; 1974 ex.s. c 120
§ 6; 1971 ex.s. c 257 § 13; 1970 ex.s. c 6 § 11; 1969 ex.s. c
209 § 16.]
Severability—1981 c 294: See note following RCW 41.26.115.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
(2004 Ed.)
41.26.240
41.26.240 Increases or decreases in retirement allowances to be determined by department in accordance with
consumer price index. For purposes of this section:
(1) "Index" shall mean, for any calendar year, that year's
average Consumer Price Index—Seattle, Washington area
for urban wage earners and clerical workers, all items
(1957-1959=100), compiled by the Bureau of Labor Statistics, United States Department of Labor;
(2) "Retirement allowance" shall mean the retirement
allowance provided for in RCW 41.26.100 and 41.26.130,
and the monthly allowance provided for in RCW 41.26.160.
Effective April 1 of 1971, and of each succeeding year,
every retirement allowance which has been in effect for more
than one year shall be adjusted to that dollar amount which
exceeds its original dollar amount by the percentage difference which the department finds to exist between the index
for the previous calendar year and the index for the calendar
year prior to the effective retirement date of the person to
whom, or on behalf of whom, such retirement allowance is
being paid.
For the purposes of this section, basic allowance shall
mean that portion of a total retirement allowance, and any
cost of living adjustment thereon, attributable to a member
(individually) and shall not include the increased amounts
attributable to the existence of a child or children. In those
[Title 41 RCW—page 123]
41.26.250
Title 41 RCW: Public Employment, Civil Service, and Pensions
cases where a child ceases to be qualified as an eligible child,
so as to lessen the total allowance, the allowance shall, at that
time, be reduced to the basic allowance plus the amount
attributable for the appropriate number of eligible children. In
those cases where a child qualifies as an eligible child subsequent to the retirement of a member so as to increase the total
allowance payable, such increased allowance shall at the time
of the next and appropriate subsequent cost of living adjustments, be considered the original dollar amount of the allowance. [1991 c 35 § 27; 1974 ex.s. c 120 § 13; 1970 ex.s. c 6 §
16; 1969 ex.s. c 209 § 24.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
41.26.250
41.26.250 Increase in presently payable benefits for
service or disability authorized. All benefits presently payable pursuant to the provisions of RCW 41.20.050, 41.20.060
and 41.20.080 as such RCW sections existed prior to the
effective date of the amendment of such RCW sections by
sections 1, 2, 3, chapter 191, Laws of 1961 to persons who
retired prior to the effective date of the said 1961 amendatory
act, shall be increased annually as hereafter in this section
provided. The local pension board shall meet subsequent to
March 31st but prior to June 30th of each year for the purpose
of adjusting benefit allowances payable pursuant to the aforementioned sections. The local board shall determine the
increase in the consumer price index between January 1st and
December 31st of the previous year and increase in dollar
amount the benefits payable subsequent to July 1st of the year
in which said board makes such determination by a dollar
amount proportionate to the increase in the consumer price
index: PROVIDED, That regardless of the change in the
consumer price index, such increase shall be at least two percent each year such adjustment is made.
Each year effective with the July payment all benefits
specified herein, shall be increased as authorized by this section. This benefit increase shall be paid monthly as part of the
regular pension payment and shall be cumulative.
For the purpose of this section the term
"Consumer price index" shall mean, for any calendar
year, the consumer price index for the Seattle, Washington
area as compiled by the bureau of labor statistics of the
United States department of labor. [1975 1st ex.s. c 178 § 3;
1974 ex.s. c 190 § 3; 1970 ex.s. c 37 § 2; 1969 ex.s. c 209 §
34.]
Construction—Severability—1975 1st ex.s. c 178: See RCW
41.16.911, 41.16.921.
ture of the state of Washington hereby declares that the relationship between members of the law enforcement officers'
and fire fighters' retirement system and their governmental
employers is similar to that of workers to their employers and
that the sure and certain relief granted by this chapter is desirable, and as beneficial to such law enforcement officers and
fire fighters as workers' compensation coverage is to persons
covered by Title 51 RCW. The legislature further declares
that removal of law enforcement officers and fire fighters
from workers' compensation coverage under Title 51 RCW
necessitates the (1) continuance of sure and certain relief for
personal injuries incurred in the course of employment or
occupational disease, which the legislature finds to be accomplished by the provisions of this chapter and (2) protection for
the governmental employer from actions at law; and to this
end the legislature further declares that the benefits and remedies conferred by this chapter upon law enforcement officers and fire fighters covered hereunder, shall be to the exclusion of any other remedy, proceeding, or compensation for
personal injuries or sickness, caused by the governmental
employer except as otherwise provided by this chapter; and
to that end all civil actions and civil causes of actions by such
law enforcement officers and fire fighters against their governmental employers for personal injuries or sickness are
hereby abolished, except as otherwise provided in this chapter. [1989 c 12 § 13; 1987 c 185 § 13; 1985 c 102 § 4; 1971
ex.s. c 257 § 14.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Purpose—Retrospective application—1985 c 102: See notes following RCW 41.26.120.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.26.281
41.26.281 Cause of action for injury or death, when.
If injury or death results to a member from the intentional or
negligent act or omission of a member's governmental
employer, the member, the widow, widower, child, or dependent of the member shall have the privilege to benefit under
this chapter and also have cause of action against the governmental employer as otherwise provided by law, for any
excess of damages over the amount received or receivable
under this chapter. [1991 c 35 § 28; 1971 ex.s. c 257 § 15.
Formerly RCW 41.26.058, 41.26.280.]
Intent—1991 c 35: See note following RCW 41.26.005.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
Construction—1970 ex.s. c 37: See note following RCW 41.18.104.
41.26.3901
41.26.260
41.26.260 Increase in certain presently payable death
benefits authorized. All benefits presently payable pursuant
to the provisions of RCW 41.20.085 which are not related to
the amount of current salary attached to the position held by
the deceased member, shall be increased annually in the same
manner and to the same extent as provided for pursuant to
RCW 41.26.250. [1974 ex.s. c 190 § 4; 1969 ex.s. c 209 §
35.]
41.26.3901 Severability—1969 ex.s. c 209. If any provision of *this 1969 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1969 ex.s. c 209 § 42. Formerly
RCW 41.26.900.]
*Reviser's note: "this 1969 amendatory act," see note following chapter digest.
41.26.3902
41.26.270
41.26.270 Declaration of policy respecting benefits
for injury or death—Civil actions abolished. The legisla[Title 41 RCW—page 124]
41.26.3902 Act to control inconsistencies. To the
extent that the provisions of *this 1969 amendatory act are
inconsistent with the provisions of any other law, the provi(2004 Ed.)
Law Enforcement Officers' and Fire Fighters' Retirement System
sions of *this 1969 amendatory act shall be controlling.
[1969 ex.s. c 209 § 43. Formerly RCW 41.26.910.]
*Reviser's note: "this 1969 amendatory act," see note following chapter digest.
41.26.3903
41.26.3903 Effective date—1969 ex.s. c 209. *This
1969 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of
the state government and its existing public institutions and
shall take effect on July 1, 1969. [1969 ex.s. c 209 § 45. Formerly RCW 41.26.920.]
*Reviser's note: "This 1969 amendatory act," see note following chapter digest.
"PLAN 2"
41.26.410
41.26.410 Provisions applicable to plan 2. RCW
41.26.420 through 41.26.550 shall apply only to plan 2 members. [1991 c 35 § 29; 1977 ex.s. c 294 § 2.]
Intent—1991 c 35: See note following RCW 41.26.005.
Legislative direction and placement—1977 ex.s. c 294: "Sections 1
through 16 of this 1977 amendatory act shall be added to chapter 41.26 RCW
and shall be codified as consecutive sections of the Revised Code of Washington within such chapter." [1977 ex.s. c 294 § 25.]
Section headings—1977 ex.s. c 294: "Section headings used in this
1977 amendatory act shall not constitute any part of the law." [1977 ex.s. c
294 § 24.]
41.26.420
41.26.420 Computation of the retirement allowance.
Except as provided in RCW 41.26.530, a member of the
retirement system shall receive a retirement allowance equal
to two percent of such member's final average salary for each
year of service. [1993 c 517 § 2; 1979 ex.s. c 249 § 4; 1977
ex.s. c 294 § 3.]
Purpose—1993 c 517: "The legislature recognizes the demanding,
physical nature of law enforcement and fire fighting, and the resulting need
to allow law enforcement officers and fire fighters to make transitions into
other careers when these employees feel they can no longer pursue law
enforcement or fire fighting. The legislature also recognizes the challenge
and cost of maintaining the viability of a retired employee's benefit over
longer periods of retirement as longevity increases, and that this problem is
compounded for employees who leave a career before they retire from the
work force.
Therefore, the purpose of this act is to: (1) Provide full retirement benefits to law enforcement officers and fire fighters at an appropriate age that
reflects the unique and physically demanding nature of their work; (2) provide a fair and reasonable value from the retirement system for those who
leave the law enforcement or fire fighting profession before retirement; (3)
increase flexibility for law enforcement officers and fire fighters to make
transitions into other public or private sector employment; (4) increase
employee options for addressing retirement needs, personal financial planning, and career transitions; and (5) continue the legislature's established policy of having employees pay a fifty percent share of the contributions toward
their retirement benefits and any enhancements." [1993 c 517 § 1.]
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.425
41.26.425 Lump sum retirement allowance—Reentry—Conditions for reinstatement of service. (1) On or
after June 10, 1982, the director may pay a beneficiary, subject to the provisions of subsection (5) of this section, a lump
sum payment in lieu of a monthly benefit if the initial
monthly benefit computed in accordance with RCW
41.26.420 would be less than fifty dollars. The lump sum
payment shall be the greater of the actuarial equivalent of
(2004 Ed.)
41.26.430
such monthly benefits or an amount equal to the individual's
accumulated contributions plus accrued interest.
(2) A beneficiary, subject to the provisions of subsection
(5) of this section, who is receiving a regular monthly benefit
of less than fifty dollars may request, in writing, to convert
from a monthly benefit to a lump sum payment. If the director
approves the conversion, the calculation of the actuarial
equivalent of the total estimated regular benefit will be computed based on the beneficiary's age at the time the benefit
initially accrued. The lump sum payment will be reduced to
reflect any payments received on or after the initial benefit
accrual date.
(3) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director,
within two years of returning to service or prior to re-retiring,
whichever comes first. In computing the amount due, the
director shall exclude the accumulated value of the normal
payments the member would have received while in beneficiary status if the lump sum payment had not occurred.
(4) If a member fails to meet the time limitations set forth
under subsection (3) of this section, the member may reinstate all previous service under RCW 41.50.165(2) prior to
retirement. The sum deposited shall exclude the accumulated
value of the normal payments the member would have
received while in beneficiary status if the lump sum payment
had not occurred.
(5) Only persons entitled to or receiving a service retirement allowance under RCW 41.26.420 or an earned disability allowance under RCW 41.26.470 qualify for participation
under this section.
(6) It is the intent of the legislature that any member who
receives a settlement under this section shall be deemed to be
retired from this system. [1994 c 197 § 9; 1982 c 144 § 1.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
41.26.430
41.26.430 Retirement for service. (1) NORMAL
RETIREMENT. Any member with at least five service credit
years of service who has attained at least age fifty-three shall
be eligible to retire and to receive a retirement allowance
computed according to the provisions of RCW 41.26.420.
(2) EARLY RETIREMENT. Any member who has
completed at least twenty service credit years of service and
has attained age fifty shall be eligible to retire and to receive
a retirement allowance computed according to the provisions
of RCW 41.26.420, except that a member retiring pursuant to
this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years
between age at retirement and the attainment of age fiftythree.
(3) ALTERNATE EARLY RETIREMENT. Any member who has completed at least twenty service credit years
and has attained age fifty shall be eligible to retire and to
receive a retirement allowance computed according to the
provisions of RCW 41.26.420, except that a member retiring
pursuant to this subsection shall have the retirement allowance reduced by three percent per year to reflect the difference in the number of years between age at retirement and the
[Title 41 RCW—page 125]
41.26.440
Title 41 RCW: Public Employment, Civil Service, and Pensions
attainment of age fifty-three. [2000 c 247 § 904; 1993 c 517
§ 3; 1991 c 343 § 18; 1977 ex.s. c 294 § 4.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Purpose—1993 c 517: See note following RCW 41.26.420.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.440
41.26.440 Post-retirement cost-of-living. Beginning
July 1, 1979, and every year thereafter, the department shall
determine the following information for each retired member
or beneficiary whose retirement allowance has been in effect
for at least one year:
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied
beginning with the July payment. In no event, however, shall
the annual adjustment:
(a) Produce a retirement allowance which is lower than
the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment;
or
(c) Differ from the previous year's annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year's average consumer price index—
Seattle, Washington area for urban wage earners and clerical
workers, all items, compiled by the bureau of labor statistics,
United States department of labor. [1977 ex.s. c 294 § 5.]
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.450
41.26.450 Port districts and institutions of higher
education—Must make both employer and state contributions. Port districts established under Title 53 RCW and
institutions of higher education as defined in RCW
28B.10.016 shall contribute both the employer and state
shares of the cost of the retirement system for any of their
employees who are law enforcement officers. Institutions of
higher education shall contribute both the employer and the
state shares of the cost of the retirement system for any of
their employees who are fire fighters. [2000 c 247 § 801;
1996 c 38 § 3; 1993 c 502 § 2; 1989 c 273 § 14; 1986 c 268 §
1; 1984 c 184 § 10; 1977 ex.s. c 294 § 6.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1993 c 502: See note following RCW 41.26.030.
Severability—1989 c 273: See RCW 41.45.900.
Severability—1984 c 184: See note following RCW 41.50.150.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
[Title 41 RCW—page 126]
41.26.460
41.26.460 Options for payment of retirement allowances—Retirement allowance adjustment—Courtapproved property settlement. (1) Upon retirement for service as prescribed in RCW 41.26.430 or disability retirement
under RCW 41.26.470, a member shall elect to have the
retirement allowance paid pursuant to the following options,
calculated so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member's life. However, if the retiree dies before the total of
the retirement allowance paid to such retiree equals the
amount of such retiree's accumulated contributions at the
time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization
as the retiree shall have nominated by written designation
duly executed and filed with the department; or if there be no
such designated person or persons still living at the time of
the retiree's death, then to the surviving spouse; or if there be
neither such designated person or persons still living at the
time of death nor a surviving spouse, then to the retiree's legal
representative.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member's reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a designated person. Such person shall be nominated
by the member by written designation duly executed and
filed with the department at the time of retirement. The
options adopted by the department shall include, but are not
limited to, a joint and one hundred percent survivor option
and a joint and fifty percent survivor option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and member's
spouse do not give written consent to an option under this
section, the department will pay the member a joint and fifty
percent survivor benefit and record the member's spouse as
the beneficiary. Such benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required
as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree's designated beneficiary predeceases or
has predeceased the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary's death.
(b) The retirement allowance payable to the retiree, as of
July 1, 1998, or the date of the designated beneficiary's death,
(2004 Ed.)
Law Enforcement Officers' and Fire Fighters' Retirement System
whichever comes last, shall be increased by the percentage
derived in (c) of this subsection.
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii)
of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date of
the designated beneficiary's death or from July 1, 1998,
whichever comes last.
(4) No later than July 1, 2001, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.26.530(1) and the member's
divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member's benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the ages provided in RCW 41.26.430(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
(2004 Ed.)
41.26.470
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2003
c 294 § 3; 2002 c 158 § 7; 2000 c 186 § 1; 1998 c 340 § 5;
1996 c 175 § 3; 1995 c 144 § 17; 1990 c 249 § 3; 1977 ex.s. c
294 § 7.]
Effective date—1998 c 340: See note following RCW 41.31.010.
Findings—1990 c 249: See note following RCW 2.10.146.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.470
41.26.470 Earned disability allowance—Cancellation
of allowance—Reentry—Receipt of service credit while
disabled—Conditions—Disposition upon death of recipient—Disabled in the line of duty. (1) A member of the
retirement system who becomes totally incapacitated for continued employment by an employer as determined by the
director shall be eligible to receive an allowance under the
provisions of RCW 41.26.410 through 41.26.550. Such
member shall receive a monthly disability allowance computed as provided for in RCW 41.26.420 and shall have such
allowance actuarially reduced to reflect the difference in the
number of years between age at disability and the attainment
of age fifty-three.
(2) Any member who receives an allowance under the
provisions of this section shall be subject to such comprehensive medical examinations as required by the department. If
such medical examinations reveal that such a member has
recovered from the incapacitating disability and the member
is no longer entitled to benefits under Title 51 RCW, the
retirement allowance shall be canceled and the member shall
be restored to duty in the same civil service rank, if any, held
by the member at the time of retirement or, if unable to perform the duties of the rank, then, at the member's request, in
such other like or lesser rank as may be or become open and
available, the duties of which the member is then able to perform. In no event shall a member previously drawing a disability allowance be returned or be restored to duty at a salary
or rate of pay less than the current salary attached to the rank
or position held by the member at the date of the retirement
for disability. If the department determines that the member
is able to return to service, the member is entitled to notice
and a hearing. Both the notice and the hearing shall comply
with the requirements of chapter 34.05 RCW, the Administrative Procedure Act.
(3) Those members subject to this chapter who became
disabled in the line of duty on or after July 23, 1989, and who
receive benefits under RCW 41.04.500 through 41.04.530 or
[Title 41 RCW—page 127]
41.26.480
Title 41 RCW: Public Employment, Civil Service, and Pensions
similar benefits under RCW 41.04.535 shall receive or continue to receive service credit subject to the following:
(a) No member may receive more than one month's service credit in a calendar month.
(b) No service credit under this section may be allowed
after a member separates or is separated without leave of
absence.
(c) Employer contributions shall be paid by the employer
at the rate in effect for the period of the service credited.
(d) Employee contributions shall be collected by the
employer and paid to the department at the rate in effect for
the period of service credited.
(e) State contributions shall be as provided in RCW
41.45.060 and 41.45.067.
(f) Contributions shall be based on the regular compensation which the member would have received had the disability not occurred.
(g) The service and compensation credit under this section shall be granted for a period not to exceed six consecutive months.
(h) Should the legislature revoke the service credit
authorized under this section or repeal this section, no
affected employee is entitled to receive the credit as a matter
of contractual right.
(4)(a) If the recipient of a monthly retirement allowance
under this section dies before the total of the retirement
allowance paid to the recipient equals the amount of the accumulated contributions at the date of retirement, then the balance shall be paid to the member's estate, or such person or
persons, trust, or organization as the recipient has nominated
by written designation duly executed and filed with the director, or, if there is no such designated person or persons still
living at the time of the recipient's death, then to the surviving
spouse, or, if there is neither such designated person or persons still living at the time of his or her death nor a surviving
spouse, then to his or her legal representative.
(b) If a recipient of a monthly retirement allowance
under this section died before April 27, 1989, and before the
total of the retirement allowance paid to the recipient equaled
the amount of his or her accumulated contributions at the date
of retirement, then the department shall pay the balance of the
accumulated contributions to the member's surviving spouse
or, if there is no surviving spouse, then in equal shares to the
member's children. If there is no surviving spouse or children, the department shall retain the contributions.
(5) Should the disability retirement allowance of any disability beneficiary be canceled for any cause other than reentrance into service or retirement for service, he or she shall be
paid the excess, if any, of the accumulated contributions at
the time of retirement over all payments made on his or her
behalf under this chapter.
(6) A member who becomes disabled in the line of duty,
and who ceases to be an employee of an employer except by
service or disability retirement, may request a refund of one
hundred fifty percent of the member's accumulated contributions. Any accumulated contributions attributable to restorations made under RCW 41.50.165(2) shall be refunded at one
hundred percent. A person in receipt of this benefit is a
retiree.
(7) A member who becomes disabled in the line of duty
shall be entitled to receive a minimum retirement allowance
[Title 41 RCW—page 128]
equal to ten percent of such member's final average salary.
The member shall additionally receive a retirement allowance equal to two percent of such member's average final salary for each year of service beyond five, and shall have the
allowance actuarially reduced to reflect the difference in the
number of years between age at disability and the attainment
of age fifty-three. An additional benefit shall not result in a
total monthly benefit greater than that provided in subsection
(1) of this section. [2004 c 4 § 1; 2001 c 261 § 2; 2000 c 247
§ 1104; 1999 c 135 § 1; 1995 c 144 § 18; 1993 c 517 § 4; 1990
c 249 § 19. Prior: 1989 c 191 § 1; 1989 c 88 § 1; 1982 c 12
§ 2; 1981 c 294 § 9; 1977 ex.s. c 294 § 8.]
Application—2004 c 4 § 1: "This act applies to all members, subject to
section 1 of this act, who become or became disabled in the line of duty on
or after January 1, 2001." [2004 c 4 § 2.]
Effective date—2001 c 261 § 2: "Section 2 of this act takes effect
March 1, 2002." [2001 c 261 § 5.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Application—1999 c 135 § 1: "Section 1 of this act applies to any
member who received a disability retirement allowance on or after February
1, 1990." [1999 c 135 § 2.]
Purpose—1993 c 517: See note following RCW 41.26.420.
Findings—1990 c 249: See note following RCW 2.10.146.
Severability—1981 c 294: See note following RCW 41.26.115.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
Disability leave supplement for law enforcement officers and fire fighters:
RCW 41.04.500 through 41.04.550.
41.26.480
41.26.480 Industrial insurance. Notwithstanding any
other provision of law, members shall be eligible for industrial insurance as provided by Title 51 RCW, as now or hereafter amended, and shall be included in the payroll of the
employer for such purpose. [1977 ex.s. c 294 § 9.]
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.490
41.26.490 Application for and effective date of retirement allowances. Any member or beneficiary eligible to
receive a retirement allowance under the provisions of RCW
41.26.430, 41.26.470, or 41.26.510 shall be eligible to commence receiving a retirement allowance after having filed
written application with the department.
(1) Retirement allowances paid to members under the
provisions of RCW 41.26.430 shall accrue from the first day
of the calendar month immediately following such member's
separation from service.
(2) Retirement allowances paid to vested members no
longer in service, but qualifying for such an allowance pursuant to RCW 41.26.430, shall accrue from the first day of the
calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members
under the provisions of RCW 41.26.470 shall accrue from the
first day of the calendar month immediately following such
member's separation from service for disability.
(4) Retirement allowances paid as death benefits under
the provisions of RCW 41.26.510 shall accrue from the first
day of the calendar month immediately following the member's death.
(2004 Ed.)
Law Enforcement Officers' and Fire Fighters' Retirement System
(5) A person is separated from service on the date a person has terminated all employment with an employer. [1997
c 254 § 2; 1977 ex.s. c 294 § 10.]
Intent—Construction—1997 c 254: "(1) This act, which defines separation from service and restrictions concerning postretirement employment,
is intended to clarify existing statutory provisions regarding these issues. As
a result of this act, the legal standard for determining separation from service
and the impact to a retiree's benefit should they return to work following
retirement, are either the same as under the prior law, or less restrictive.
Accordingly, this act does not constitute a diminution of benefits and applies
to all members of the affected retirement systems.
(2) This act, which addresses the determination of employee status, is
intended to clarify existing law. The clarifications are consistent with longstanding common law of the state of Washington and long-standing department of retirement systems' interpretations of the appropriate standard to be
used in determining employee status. Accordingly, sections 3(49) and 10(22)
of this act do not constitute a diminution of benefits and apply to all members
of the teachers' retirement system and the public employees' retirement system." [1997 c 254 § 1.]
Application—1997 c 254: "This act applies to all overpayments discovered by the department of retirement systems on or after June 1, 1996,
except that sections 10, 12, 14, 15, and 16 of this act apply retroactively to
any person who retired under chapter 234, Laws of 1992 or part III of chapter
519, Laws of 1993." [1997 c 254 § 17.]
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.500
41.26.500 Suspension of retirement allowance upon
reemployment—Reinstatement. (Effective until July 1,
2006.) (1) No retiree under the provisions of plan 2 shall be
eligible to receive such retiree's monthly retirement allowance if he or she is employed in an eligible position as defined
in RCW 41.40.010, 41.32.010, or 41.35.010, or as a law
enforcement officer or fire fighter as defined in RCW
41.26.030. If a retiree's benefits have been suspended under
this section, his or her benefits shall be reinstated when the
retiree terminates the employment that caused his or her benefits to be suspended. Upon reinstatement, the retiree's benefits shall be actuarially recomputed pursuant to the rules
adopted by the department.
(2) The department shall adopt rules implementing this
section. [1998 c 341 § 604; 1990 c 274 § 12; 1977 ex.s. c 294
§ 11.]
Effective date—1998 c 341: See RCW 41.35.901.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Application—Reservation—1990 c 274 §§ 11, 12, 14, and 15: See
note following RCW 41.40.690.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.500
41.26.500 Suspension of retirement allowance upon
reemployment—Reinstatement. (Effective July 1, 2006.)
(1) No retiree under the provisions of plan 2 shall be eligible
to receive such retiree's monthly retirement allowance if he or
she is employed in an eligible position as defined in RCW
41.40.010, 41.32.010, 41.37.010, or 41.35.010, or as a law
enforcement officer or fire fighter as defined in RCW
41.26.030. If a retiree's benefits have been suspended under
this section, his or her benefits shall be reinstated when the
retiree terminates the employment that caused his or her benefits to be suspended. Upon reinstatement, the retiree's benefits shall be actuarially recomputed pursuant to the rules
adopted by the department.
(2004 Ed.)
41.26.510
(2) The department shall adopt rules implementing this
section. [2004 c 242 § 54; 1998 c 341 § 604; 1990 c 274 § 12;
1977 ex.s. c 294 § 11.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Application—Reservation—1990 c 274 §§ 11, 12, 14, and 15: See
note following RCW 41.40.690.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.510
41.26.510 Death benefits. (1) Except as provided in
RCW 11.07.010, if a member or a vested member who has
not completed at least ten years of service dies, the amount of
the accumulated contributions standing to such member's
credit in the retirement system at the time of such member's
death, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member's estate, or such person or persons, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department. If there be no
such designated person or persons still living at the time of
the member's death, such member's accumulated contributions standing to such member's credit in the retirement system, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving
spouse, then to such member's legal representatives.
(2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the
surviving spouse or eligible child or children shall elect to
receive either:
(a) A retirement allowance computed as provided for in
RCW 41.26.430, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 41.26.460 and if the member was not eligible for normal retirement at the date of death a further reduction as
described in RCW 41.26.430; if a surviving spouse who is
receiving a retirement allowance dies leaving a child or children of the member under the age of majority, then such child
or children shall continue to receive an allowance in an
amount equal to that which was being received by the surviving spouse, share and share alike, until such child or children
reach the age of majority; if there is no surviving spouse eligible to receive an allowance at the time of the member's
death, such member's child or children under the age of
majority shall receive an allowance share and share alike calculated as herein provided making the assumption that the
ages of the spouse and member were equal at the time of the
member's death; or
(b)(i) The member's accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670; or
[Title 41 RCW—page 129]
41.26.520
Title 41 RCW: Public Employment, Civil Service, and Pensions
(ii) If the member dies on or after July 25, 1993, one hundred fifty percent of the member's accumulated contributions,
less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order
filed under RCW 41.50.670. Any accumulated contributions
attributable to restorations made under RCW 41.50.165(2)
shall be refunded at one hundred percent.
(3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies after
October 1, 1977, and is not survived by a spouse or an eligible child, then the accumulated contributions standing to the
member's credit, less any amount identified as owing to an
obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be
paid:
(a) To an estate, a person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member's death, then to the member's
legal representatives.
(4) The retirement allowance of a member who is killed
in the course of employment, as determined by the director of
the department of labor and industries, is not subject to an
actuarial reduction. The member's retirement allowance is
computed under RCW 41.26.420. [2004 c 5 § 1; 2000 c 247
§ 1001. Prior: 1995 c 245 § 1; 1995 c 144 § 19; 1993 c 236
§ 3; 1991 c 365 § 31; 1990 c 249 § 14; 1977 ex.s. c 294 § 12.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1995 c 245: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 5, 1995]." [1995 c 245 § 3.]
Severability—1991 c 365: See note following RCW 41.50.500.
Findings—1990 c 249: See note following RCW 2.10.146.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.520
41.26.520 Service credit for paid leave of absence,
officers of labor organizations, unpaid leave of absence,
military service. (1) A member who is on a paid leave of
absence authorized by a member's employer shall continue to
receive service credit as provided for under the provisions of
RCW 41.26.410 through 41.26.550.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member's
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The basic
salary reported for a member who establishes service credit
under this subsection may not be greater than the salary paid
to the highest paid job class covered by the collective bargaining agreement.
(3) Except as specified in subsection (7) of this section, a
member shall be eligible to receive a maximum of two years
[Title 41 RCW—page 130]
service credit during a member's entire working career for
those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if the member makes the employer, member,
and state contributions plus interest as determined by the
department for the period of the authorized leave of absence
within five years of resumption of service or prior to retirement whichever comes sooner.
(4) A law enforcement member may be authorized by an
employer to work part time and to go on a part-time leave of
absence. During a part-time leave of absence a member is
prohibited from any other employment with their employer.
A member is eligible to receive credit for any portion of service credit not earned during a month of part-time leave of
absence if the member makes the employer, member, and
state contributions, plus interest, as determined by the department for the period of the authorized leave within five years
of resumption of full-time service or prior to retirement
whichever comes sooner. Any service credit purchased for a
part-time leave of absence is included in the two-year maximum provided in subsection (3) of this section.
(5) If a member fails to meet the time limitations of subsection (3) or (4) of this section, the member may receive a
maximum of two years of service credit during a member's
working career for those periods when a member is on unpaid
leave of absence authorized by an employer. This may be
d o n e b y p ay in g t h e a m o u n t r e q u i r ed u n d e r R C W
41.50.165(2) prior to retirement.
(6) For the purpose of subsection (3) or (4) of this section
the contribution shall not include the contribution for the
unfunded supplemental present value as required by RCW
41.45.060, 41.45.061, and 41.45.067. The contributions
required shall be based on the average of the member's basic
salary at both the time the authorized leave of absence was
granted and the time the member resumed employment.
(7) A member who leaves the employ of an employer to
enter the armed forces of the United States shall be entitled to
retirement system service credit for up to five years of military service. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed
services employment and reemployment rights act.
(a) The member qualifies for service credit under this
subsection if:
(i) Within ninety days of the member's honorable discharge from the United States armed forces, the member
applies for reemployment with the employer who employed
the member immediately prior to the member entering the
United States armed forces; and
(ii) The member makes the employee contributions
required under RCW 41.45.060, 41.45.061, and 41.45.067
within five years of resumption of service or prior to retirement, whichever comes sooner; or
(iii) Prior to retirement and not within ninety days of the
member's honorable discharge or five years of resumption of
service the member pays the amount required under RCW
41.50.165(2).
(b) Upon receipt of member contributions under (a)(ii) of
this subsection, the department shall establish the member's
service credit and shall bill the employer and the state for
their respective contributions required under RCW 41.26.450
(2004 Ed.)
Law Enforcement Officers' and Fire Fighters' Retirement System
for the period of military service, plus interest as determined
by the department.
(c) The contributions required under (a)(ii) of this subsection shall be based on the compensation the member
would have earned if not on leave, or if that cannot be estimated with reasonable certainty, the compensation reported
for the member in the year prior to when the member went on
military leave.
(8) A member receiving benefits under Title 51 RCW
who is not receiving benefits under this chapter shall be
deemed to be on unpaid, authorized leave of absence. [2002
c 28 § 1; 2000 c 247 § 1105; 1996 c 61 § 1; 1994 c 197 § 10;
1993 c 95 § 4; 1992 c 119 § 1; 1989 c 88 § 2; 1977 ex.s. c 294
§ 13.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
41.26.547
through the contribution reporting system by the employer;
except that in the case of death, an initial payment shall be
made within thirty days of receipt of request for such payment and notification of termination through the contribution
reporting system by the employer. A member who files a
request for refund and subsequently enters into employment
with another employer prior to the refund being made shall
not be eligible for a refund. The refund of accumulated contributions shall terminate all rights to benefits under RCW
41.26.410 through 41.26.550. [1995 c 245 § 2; 1993 c 517 §
6; 1982 1st ex.s. c 52 § 5; 1977 ex.s. c 294 § 15.]
Effective date—1995 c 245: See note following RCW 41.26.510.
Purpose—1993 c 517: See note following RCW 41.26.420.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.547
Retroactive application—Effective date—1993 c 95: See notes following RCW 41.40.175.
Retroactive application—1992 c 119: "This act applies retroactively
for retirement system service credit for military service which began on or
after January 1, 1990." [1992 c 119 § 4.]
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.530
41.26.530 Vested membership. (1) A member who
separates or has separated after having completed at least five
years of service may remain a member during the period of
such member's absence from service for the exclusive purpose only of receiving a retirement allowance under the provisions of RCW 41.26.430 if such member maintains the
member's accumulated contributions intact.
(2) The retirement allowance payable under the provisions of RCW 41.26.430 to a member who separates after
having completed at least twenty years of service, and
remains a member during the period of his or her absence
from service by maintaining his or her accumulated contributions intact, shall be increased by twenty-five one-hundredths
of one percent, compounded for each month from the date of
separation to the date the retirement allowance commences as
provided in RCW 41.26.490. [1993 c 517 § 5; 1977 ex.s. c
294 § 14.]
Purpose—1993 c 517: See note following RCW 41.26.420.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
41.26.540
41.26.540 Refund of contributions on termination.
(1)(a) A member who has completed less than ten years of
service, who ceases to be an employee of an employer except
by service or disability retirement, may request a refund of
the member's accumulated contributions.
(b) A member who has completed ten or more years of
service, who ceases to be an employee of an employer except
by service or disability retirement, may request a refund of
one hundred fifty percent of the member's accumulated contributions. Any accumulated contributions attributable to restorations made under RCW 41.50.165(2) shall be refunded at
one hundred percent.
(2) The refund shall be made within ninety days following the receipt of the request and notification of termination
(2004 Ed.)
41.26.547 Emergency medical technicians—Job relocation—Retirement options. (Expires July 1, 2013.) (1) A
member of plan 2 who was a member of the public employees' retirement system while employed providing emergency
medical services for a city, town, county, or district and
whose job was relocated from another department of a city,
town, county, or district to a fire department has the following options:
(a) Remain a member of the public employees' retirement system; or
(b) Leave any service credit earned as a member of the
public employees' retirement system in the public employees'
retirement system, and have all future service earned in the
law enforcement officers' and fire fighters' retirement system
plan 2, becoming a dual member under the provisions of
chapter 41.54 RCW; or
(c) Make an election no later than June 30, 2008, filed in
writing with the department of retirement systems, to transfer
service credit previously earned as an emergency medical
technician for a city, town, county, or district in the public
employees' retirement system plan 1 or plan 2 to the law
enforcement officers' and fire fighters' retirement system plan
2 as defined in RCW 41.26.030. Service credit that a member
elects to transfer from the public employees' retirement system to the law enforcement officers' and fire fighters' retirement system under this section shall be transferred no earlier
than five years after the effective date the member elects to
transfer, and only after the member earns five years of service
credit as a fire fighter following the effective date the member elects to transfer.
(2) A member of plan 1 who was a member of the public
employees' retirement system while employed providing
emergency medical services for a city, town, county, or district and whose job was relocated from another department of
a city, town, county, or district to a fire department has the
following options:
(a) Remain a member of the public employees' retirement system; or
(b) Leave any service credit earned as a member of the
public employees' retirement system in the public employees'
retirement system, and have all future service earned in the
law enforcement officers' and fire fighters' retirement system
plan 1.
[Title 41 RCW—page 131]
41.26.550
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3)(a) A member who elects to transfer service credit
under subsection (1)(c) of this section shall make the payments required by this subsection prior to having service
credit earned as an emergency medical technician for a city,
town, county, or district under the public employees' retirement system plan 1 or plan 2 transferred to the law enforcement officers' and fire fighters' retirement system plan 2.
However, in no event shall service credit be transferred earlier than five years after the effective date the member elects
to transfer, or prior to the member earning five years of service credit as a fire fighter following the effective date the
member elects to transfer.
(b) A member who elects to transfer service credit under
this subsection shall pay, for the applicable period of service,
the difference between the contributions the employee paid to
the public employees' retirement system plan 1 or plan 2 and
the contributions that would have been paid by the employee
had the employee been a member of the law enforcement
officers' and fire fighters' retirement system plan 2, plus interest on this difference as determined by the director. This payment must be made no later than five years from the effective
date of the election made under subsection (1)(c) of this section and must be made prior to retirement.
(c) No earlier than five years after the effective date the
member elects to transfer service credit under this section and
upon completion of the payment required in (b) of this subsection, the department shall transfer from the public employees' retirement system plan 1 or plan 2 to the law enforcement
officers' and fire fighters' retirement system plan 2: (i) All of
the employee's applicable accumulated contributions plus
interest and an equal amount of employer contributions; and
(ii) all applicable months of service, as defined in RCW
41.26.030(14)(b), credited to the employee under this chapter
for service as an emergency services provider for a city,
town, county, or district as though that service was rendered
as a member of the law enforcement officers' and fire fighters' retirement system plan 2.
(d) Upon transfer of service credit, contributions, and
interest under this subsection, the employee is permanently
excluded from membership in the public employees' retirement system for all service transfers related to their time
served as an emergency medical technician for a city, town,
county, or district under the public employees' retirement
system plan 1 or plan 2. [2003 c 293 § 1.]
Expiration date—2003 c 293: "This act expires July 1, 2013." [2003
c 293 § 2.]
41.26.550
41.26.550 Reentry. (1) A member, who had left service
and withdrawn the member's funds pursuant to RCW
41.26.540, shall receive service credit for such prior service if
the member restores all withdrawn funds together with interest since the time of withdrawal as determined by the department.
The restoration of such funds must be completed within
five years of the resumption of service or prior to retirement,
whichever occurs first.
(2) If a member fails to meet the time limitations of subsection (1) of this section, the member may receive service
credit destroyed by the withdrawn contributions if the
amount required under RCW 41.50.165(2) is paid. [1994 c
197 § 11; 1993 c 517 § 7; 1977 ex.s. c 294 § 16.]
[Title 41 RCW—page 132]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Purpose—1993 c 517: See note following RCW 41.26.420.
Legislative direction and placement—Section headings—1977 ex.s.
c 294: See notes following RCW 41.26.410.
"PLAN 2 GOVERNANCE"
41.26.700
41.26.700 Overview—Intent. The law enforcement
officers' and fire fighters' retirement system plan 2 is currently subject to policymaking by the legislature's joint committee on pension policy with ratification by the members of
the legislature and is administered by the department of
retirement systems.
Members of the plan have no direct input into the management of their retirement program. Forty-six other states
currently have member representation in their pension management. Chapter 2, Laws of 2003 is intended to give management of the retirement program to the people whose lives
are directly affected by it and who provide loyal and valiant
service to ensure the health, safety, and welfare of the citizens
of the state of Washington. [2003 c 2 § 1 (Initiative Measure
No. 790, approved November 5, 2002).]
41.26.705
41.26.705 Intent—2003 c 2. It is the intent of chapter
2, Laws of 2003 to:
(1) Establish a board of trustees responsible for the adoption of actuarial standards to be applied to the plan;
(2) Provide for additional benefits for fire fighters and
law enforcement officers subject to the cost limitations provided for in chapter 2, Laws of 2003;
(3) Exercise fiduciary responsibility in the oversight of
those pension management functions assigned to the board;
(4) Provide effective monitoring of the plan by providing
an annual report to the legislature, to the members and beneficiaries of the plan, and to the public;
(5) Establish contribution rates for employees, employers, and the state of Washington that will guaranty viability of
the plan, subject to the limitations provided for in chapter 2,
Laws of 2003;
(6) Provide for an annual budget and to pay costs from
the trust, as part of the normal cost of the plan; and
(7) Enable the board of trustees to retain professional and
technical advisors as necessary for the fulfillment of their
statutory responsibilities. [2003 c 2 § 2 (Initiative Measure
No. 790, approved November 5, 2002).]
41.26.710
41.26.710 Definitions. The definitions in this section
apply throughout this subchapter unless the context clearly
requires otherwise.
(1) "Member" or "beneficiary" means:
(a) Current and future law enforcement officers and fire
fighters who are contributing to the plan;
(b) Retired employees or their named beneficiaries who
receive benefits from the plan; and
(c) Separated vested members of the plan who are not
currently receiving benefits.
(2) "Plan" means the law enforcement officers' and fire
fighters' retirement system plan 2.
(3) "Actuary" means the actuary employed by the board
of trustees.
(2004 Ed.)
Law Enforcement Officers' and Fire Fighters' Retirement System
(4) "State actuary" means the actuary employed by the
department.
(5) "Board" means the board of trustees.
(6) "Board member" means a member of the board of
trustees.
(7) "Department" means the department of retirement
systems.
(8) "Minimum benefits" means those benefits provided
for in chapter 41.26 RCW as of July 1, 2003.
(9) "Employer" means the same as under RCW
41.26.030(2)(b).
(10) "Enrolled actuary" means an actuary who is
enrolled under the employee retirement income security act
of 1974 (Subtitle C of Title III) and who is a member of the
society of actuaries or the American academy of actuaries.
(11) "Increased benefit" means a benefit in addition to
the minimum benefits.
(12) "Trust" means the assets of the plan.
(13) "Benefits" means the age or service or combination
thereof required for retirement, the level of service and disability retirement benefits, survivorship benefits, payment
options including a deferred retirement option plan, average
final compensation, postretirement cost-of-living adjustments, including health care and the elements of compensation. Benefits shall not include the classifications of employment eligible to participate in the plan.
(14) "Actuarially sound" means the plan is sufficiently
funded to meet its projected liabilities and to defray the reasonable expenses of its operation based upon commonly
accepted, sound actuarial principles. [2003 c 2 § 3 (Initiative
Measure No. 790, approved November 5, 2002).]
41.26.715
41.26.715 Board of trustees—Created—Selection of
trustees—Terms of office—Vacancies. (1) An eleven
member board of trustees is hereby created.
(a) Three of the board members shall be active law
enforcement officers who are participants in the plan. Beginning with the first vacancy on or after January 1, 2007, one
board member shall be a retired law enforcement officer who
is a member of the plan. The law enforcement officer board
members shall be appointed by the governor from a list provided by a recognized statewide council whose membership
consists exclusively of guilds, associations, and unions representing state and local government police officers, deputies,
and sheriffs and excludes federal law enforcement officers.
(b) Three of the board members shall be active fire fighters who are participants in the plan. Beginning with the first
vacancy on or after January 1, 2007, one board member shall
be a retired fire fighter who is a member of the plan. The fire
fighter board member shall be appointed by the governor
from a list provided by a recognized statewide council, affiliated with an international association representing the interests of fire fighters.
(c) Three of the board members shall be representatives
of employers and shall be appointed by the governor.
(d) One board member shall be a member of the house of
representatives who is appointed by the governor based on
the recommendation of the speaker of the house of representatives.
(2004 Ed.)
41.26.720
(e) One board member shall be a member of the senate
who is appointed by the governor based on the recommendation of the majority leader of the senate.
(2) The initial law enforcement officer and fire fighter
board members shall serve terms of six, four, and two years,
respectively. Thereafter, law enforcement officer and fire
fighter board members serve terms of six years. The remaining board members serve terms of four years. Board members
may be reappointed to succeeding terms without limitation.
Board members shall serve until their successors are
appointed and seated.
(3) In the event of a vacancy on the board, the vacancy
shall be filled in the same manner as prescribed for an initial
appointment. [2003 c 2 § 4 (Initiative Measure No. 790,
approved November 5, 2002).]
41.26.717
41.26.717 Additional duties and powers of board.
The law enforcement officers' and fire fighters' plan 2 retirement board established in section 4, chapter 2, Laws of 2003
has the following duties and powers in addition to any other
duties or powers authorized or required by law. The board:
(1) Shall employ staff as necessary to implement the purposes of chapter 2, Laws of 2003. Staff must be state
employees under Title 41 RCW;
(2) Shall adopt an annual budget as provided in section 5,
chapter 2, Laws of 2003. Expenses of the board are paid from
the expense fund created in RCW 41.26.732;
(3) May make, execute, and deliver contracts, conveyances, and other instruments necessary to exercise and discharge its powers and duties;
(4) May contract for all or part of the services necessary
for the management and operation of the board with other
state or nonstate entities authorized to do business in the
state; and
(5) May contract with actuaries, auditors, and other consultants as necessary to carry out its responsibilities. [2003 c
92 § 1.]
41.26.720
41.26.720 Board of trustees—Powers—Meeting procedures—Quorum—Judicial review—Budget. (1) The
board of trustees have the following powers and duties and
shall:
(a) Adopt actuarial tables, assumptions, and cost methodologies in consultation with an enrolled actuary retained by
the board. The state actuary shall provide assistance when the
board requests. The actuary retained by the board shall utilize
the aggregate actuarial cost method, or other recognized actuarial cost method based on a level percentage of payroll, as
that term is employed by the American academy of actuaries.
In determining the reasonableness of actuarial valuations,
assumptions, and cost methodologies, the actuary retained by
the board shall provide a copy of all such calculations to the
state actuary. If the two actuaries concur on the calculations,
contributions shall be made as set forth in the report of the
board's actuary. If the two actuaries cannot agree, they shall
appoint a third, independent, enrolled actuary who shall
review the calculations of the actuary retained by the board
and the state actuary. Thereafter, contributions shall be based
on the methodology most closely following that of the third
actuary;
[Title 41 RCW—page 133]
41.26.725
Title 41 RCW: Public Employment, Civil Service, and Pensions
(b)(i) Provide for the design and implementation of
increased benefits for members and beneficiaries of the plan,
subject to the contribution limitations under RCW 41.26.725.
An increased benefit may not be approved by the board until
an actuarial cost of the benefit has been determined by the
actuary and contribution rates adjusted as may be required to
maintain the plan on a sound actuarial basis. Increased benefits as approved by the board shall be presented to the legislature on January 1st of each year. The increased benefits as
approved by the board shall become effective within ninety
days unless a bill is enacted in the next ensuing session of the
legislature, by majority vote of each house of the legislature,
repealing the action of the board;
(ii) As an alternative to the procedure in (b)(i) of this
subsection, recommend to the legislature changes in the benefits for members and beneficiaries, without regard to the
cost limitations in RCW 41.26.725(3). Benefits adopted in
this manner shall have the same contractual protections as the
minimum benefits in the plan. The recommendations of the
board shall be presented to the legislature on January 1st of
each year. These measures shall take precedence over all
other measures in the legislature, except appropriations bills,
and shall be either enacted or rejected without change or
amendment by the legislature before the end of such regular
session;
(c) Retain professional and technical advisors necessary
for the accomplishment of its duties. The cost of these services may be withdrawn from the trust;
(d) Consult with the department for the purpose of
improving benefit administration and member services;
(e) Provide an annual report to the governor and the legislature setting forth the actuarial funding status of the plan
and making recommendations for improvements in those
aspects of retirement administration directed by the legislature or administered by the department;
(f) Establish uniform administrative rules and operating
policies in the manner prescribed by law;
(g) Engage administrative staff and acquire office space
independent of, or in conjunction with, the department. The
department shall provide funding from its budget for these
purposes;
(h) The board shall publish [Publish] on an annual basis
a schedule of increased benefits together with a summary of
the minimum benefits as established by the legislature which
shall constitute the official plan document; and
(i) Be the fiduciary of the plan and discharge the board's
duties solely in the interest of the members and beneficiaries
of the plan.
(2) Meetings of the board of trustees shall be conducted
as follows:
(a) All board meetings are open to the public, preceded
by timely public notice;
(b) All actions of the board shall be taken in open public
session, except for those matters which may be considered in
executive session as provided by law;
(c) The board shall retain minutes of each meeting setting forth the names of those board members present and
absent, and their voting record on any voted issue; and
(d) The board may establish, with the assistance of the
appropriate office of state government, an internet web site
[Title 41 RCW—page 134]
providing for interactive communication with state government, members and beneficiaries of the plan, and the public.
(3) A quorum of the board is six board members. All
board actions require six concurring votes.
(4) The decisions of the board shall be made in good
faith and are final, binding, and conclusive on all parties. The
decisions of the board shall be subject to judicial review as
provided by law.
(5) A law enforcement officers' and fire fighters' retirement system plan 2 expense fund is established for the purpose of defraying the expenses of the board. The board shall
cause an annual budget to be prepared consistent with the
requirements of chapter 43.88 RCW and shall draw the funding for the budget from the investment income of the trust.
Board members shall be reimbursed for travel and education
expenses as provided in RCW 43.03.050 and 43.03.060. The
board shall make an annual report to the governor, legislature, and state auditor setting forth a summary of the costs
and expenditures of the plan for the preceding year. The
board shall also retain the services of an independent, certified public accountant who shall annually audit the expenses
of the fund and whose report shall be included in the board's
annual report. [2003 c 2 § 5 (Initiative Measure No. 790,
approved November 5, 2002).]
41.26.725
41.26.725 Board of trustees—Contributions—Minimum and increased benefits. (1) The board of trustees shall
establish contributions as set forth in this section. The cost of
the minimum benefits as defined in this plan shall be funded
on the following ratio:
Employee contributions
Employer contributions
State contributions
50%
30%
20%
(2) The minimum benefits shall constitute a contractual
obligation of the state and the contributing employers and
may not be reduced below the levels in effect on July 1, 2003.
The state and the contributing employers shall maintain the
minimum benefits on a sound actuarial basis in accordance
with the actuarial standards adopted by the board.
(3) Increased benefits created as provided for in RCW
41.26.720 are granted on a basis not to exceed the contributions provided for in this section. In addition to the contributions necessary to maintain the minimum benefits, for any
increased benefits provided for by the board, the employee
contribution shall not exceed fifty percent of the actuarial
cost of the benefit. In no instance shall the employee cost
exceed ten percent of covered payroll without the consent of
a majority of the affected employees. Employer contributions shall not exceed thirty percent of the cost, but in no
instance shall the employer contribution exceed six percent
of covered payroll. State contributions shall not exceed
twenty percent of the cost, but in no instance shall the state
contribution exceed four percent of covered payroll.
Employer contributions may not be increased above the maximum under this section without the consent of the governing
body of the employer. State contributions may not be
increased above the maximum provided for in this section
without the consent of the legislature. In the event that the
cost of maintaining the increased benefits on a sound actuar(2004 Ed.)
Law Enforcement Officers' and Fire Fighters' Retirement System
ial basis exceeds the aggregate contributions provided for in
this section, the board shall submit to the affected members
of the plan the option of paying the increased costs or of having the increased benefits reduced to a level sufficient to be
maintained by the aggregate contributions. The reduction of
benefits in accordance with this section shall not be deemed a
violation of the contractual rights of the members, provided
that no reduction may result in benefits being lower than the
level of the minimum benefits.
(4) The board shall manage the trust in a manner that
maintains reasonable contributions and administrative costs.
Providing additional benefits to members and beneficiaries is
the board's priority. [2003 c 93 § 1; 2003 c 2 § 6 (Initiative
Measure No. 790, approved November 5, 2002).]
Effective date—2003 c 93: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 23, 2003]." [2003 c 93 § 2.]
41.26.730
41.26.730 Joint committee on pension policy—Pension funding council. The joint committee on pension policy established in *RCW 44.44.050, and the pension funding
council created in RCW 41.45.100, shall have no applicability or authority over matters relating to this plan. [2003 c 2 §
7 (Initiative Measure No. 790, approved November 5, 2002).]
41.26.904
fire fighters' plan 2 retirement board as provided in section 5,
chapter 2, Laws of 2003.
(6) The state investment board shall routinely consult
and communicate with the law enforcement officers' and fire
fighters' plan 2 retirement board on the investment policy,
earnings of the trust, and related needs of the expense fund.
(7) The law enforcement officers' and fire fighters' plan
2 retirement board shall administer the expense fund in a
manner reasonably designed to be actuarially sound. The
assets of the expense fund must be sufficient to defray the
obligations of the account including the costs of administration. Money used for administrative expenses is subject to
the allotment of all expenditures pursuant to chapter 43.88
RCW. However, an appropriation is not required for expenditures. Administrative expenses include, but are not limited
to, the salaries and expenses of law enforcement officers' and
fire fighters' plan 2 retirement board personnel including
lease payments, travel, and goods and services necessary for
operation of the board, audits, and other general costs of conducting the business of the board.
(8) The state investment board shall allocate from the
law enforcement officers' and fire fighters' retirement system
plan 2 fund to the expense fund the amount necessary to
cover the expenses of the law enforcement officers' and fire
fighters' plan 2 retirement board. [2003 c 92 § 6.]
*Reviser's note: RCW 44.44.050 was repealed by 2003 c 295 § 15.
41.26.735
41.26.732
41.26.732 Plan 2 expense fund—Board oversight and
administration—State investment board. (1) A law
enforcement officers' and fire fighters' retirement system plan
2 expense fund is created within the law enforcement officers' and fire fighters' retirement system plan 2 fund.
(2) The state investment board has the full power to
invest, reinvest, manage, contract, sell, or exchange investment money in the expense fund. The state investment board
is authorized to adopt investment policies for the money in
the expense fund. All investment and operating costs associated with the investment of money shall be paid pursuant to
RCW 43.33A.160 and 43.84.160. With the exception of
these expenses, the earnings from the investment of the
money shall be retained by the law enforcement officers' and
fire fighters' retirement system plan 2 fund.
(3) All investments made by the investment board shall
be made with the exercise of that degree of judgment and care
pursuant to RCW 43.33A.140 and the investment policy
established by the state investment board.
(4) When appropriate for investment purposes, the state
investment board may commingle money in the expense fund
with other funds.
(5) The authority to establish all policies relating to the
expense fund, other than the investment policies as set forth
in subsections (2) through (4) of this section, resides with the
law enforcement officers' and fire fighters' plan 2 retirement
board. With the exception of investments by, and expenses
of, the state investment board set forth in subsection (2) of
this section, disbursements from this expense fund may be
made only on the authorization of the law enforcement officers' and fire fighters' plan 2 retirement board, and money in
the expense fund may be spent only for the purposes of
defraying the expenses of the law enforcement officers' and
(2004 Ed.)
41.26.735 Asset management. Assets of the plan shall
be managed by the state investment board as provided by
law. [2003 c 2 § 8 (Initiative Measure No. 790, approved
November 5, 2002).]
41.26.740
41.26.740 Reimbursement for expenses. All expenses
of the department and the office of the state actuary related to
the implementation of chapter 2, Laws of 2003 shall be reimbursed from the law enforcement officers' and fire fighters'
retirement system expense fund under RCW 39.34.130.
[2003 c 92 § 7.]
41.26.901
41.26.901 Severability—1977 ex.s. c 294. If any provision of this 1977 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 294 § 26.]
41.26.902
41.26.902 Severability—2003 c 2 (Initiative Measure
No. 790). If any provision of this act or its application to any
person or circumstance is held invalid, the remainder of the
act or the application of the provision to other persons or circumstances is not affected. [2003 c 2 § 9 (Initiative Measure
No. 790, approved November 5, 2002).]
41.26.903
41.26.903 Captions not law—2003 c 2 (Initiative
Measure No. 790). Captions used in this act are not any part
of the law. [2003 c 2 § 10 (Initiative Measure No. 790,
approved November 5, 2002).]
41.26.904
41.26.904 Effective date—2003 c 2 (Initiative Measure No. 790). Except for section 11 of this act, the remainder of this act takes effect July 1, 2003. [2003 c 2 § 13 (Initiative Measure No. 790, approved November 5, 2002).]
[Title 41 RCW—page 135]
41.26.905
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.26.905
41.26.905 Severability—2003 c 92. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2003 c 92 § 11.]
41.26.906
41.26.906 Effective date—2003 c 92. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[April 23, 2003]. [2003 c 92 § 12.]
41.26.921
41.26.921 Effective date—1977 ex.s. c 294. This 1977
amendatory act is necessary for the immediate preservation
of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take
effect October 1, 1977. [1977 ex.s. c 294 § 27.]
Chapter 41.28 RCW
RETIREMENT OF PERSONNEL IN CERTAIN
FIRST CLASS CITIES
Chapter 41.28
Sections
41.28.005
41.28.010
41.28.020
41.28.030
41.28.040
41.28.050
41.28.060
41.28.070
41.28.080
41.28.085
41.28.090
41.28.100
41.28.110
41.28.120
41.28.130
41.28.140
41.28.150
41.28.160
41.28.170
41.28.180
41.28.190
41.28.200
41.28.205
41.28.207
41.28.210
41.28.220
41.28.230
41.28.240
41.28.900
41.28.910
41.28.920
Establishment of retirement and pension systems authorized.
Definitions.
Retirement system created—Adoption by cities.
Employees within or excluded from system.
Rates of contribution—Deduction and payment into fund.
Allowance of service credit.
Board of administration to administer system—Powers and
duties—Actuarial investigations and valuations—Reports,
records, and accounts.
Employees' retirement fund created—Composition.
Board of administration—Members—Duties—Fiscal affairs.
Legislative intent—Investments.
Contributions by city.
City obligated to contribute.
Payments on discontinuance of service—Reemployment—
Redeposit.
Retirement for service.
Service retirement allowances.
Retirement for disability.
Disability retirement allowances—Grounds for denial.
Physical examination of disabled members—Reentry.
Optional allowances.
Payments on death of unretired members.
Payments to be made monthly.
Exemption from process—Rights not assignable.
Benefits payable in accordance with court decree or order of
dissolution or legal separation.
Payments to spouse or ex spouse pursuant to court order.
Estimates of service, compensation, or age.
Suspension of allowances during other public aid.
Administrative expense.
Existing systems preserved.
Severability—1939 c 207.
Repeal.
Effective date—1939 c 207.
Portability of public retirement benefits: Chapter 41.54 RCW.
Statewide city employees' retirement system: Chapter 41.44 RCW.
41.28.005
41.28.005 Establishment of retirement and pension
systems authorized. Any city attaining the status of a first
class city after July 1, 1939, is empowered by this chapter to
establish retirement and pension systems for superannuated
or totally and permanently disabled officers and employees
of cities of the first class. [1939 c 207 § 1; RRS § 9592-101.
Formerly RCW 41.28.020, part.]
[Title 41 RCW—page 136]
41.28.010
41.28.010 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereinafter used in this chapter shall have the following meanings:
(1) "Retirement system" shall mean "employees' retirement system", provided for in RCW 41.28.020.
(2) "Employee" shall mean any regularly appointed
officer or regularly appointed employee of a first class city as
described in RCW 41.28.005, whose compensation in such
employment is paid wholly by that city.
(3) "Member" shall mean any person included in the
membership of the retirement system as provided in RCW
41.28.030.
(4) "City" shall mean any city of the first class as
described in RCW 41.28.005.
(5) "Board" shall mean "board of administration" as provided in RCW 41.28.080.
(6) "Retirement fund" shall mean "employees' retirement
fund" as created and established in RCW 41.28.070.
(7) "City service" shall mean service rendered to city for
compensation, and for the purpose of this chapter, a member
shall be considered as being in city service only while he is
receiving compensation from the city for such service.
(8) "Prior service" shall mean the service of a member
for compensation rendered to the city prior to July 1, 1939,
and shall also include military or naval service of a member
to the extent specified in RCW 41.28.050.
(9) "Continuous service" shall mean uninterrupted
employment by that city, except that discontinuance of city
service of a member caused by layoff, leave of absence, suspension, or dismissal, followed by reentrance into city service within one year, shall not count as a break in the continuity of service: PROVIDED, That for the purpose of establishing membership in the retirement system continuous
service shall mean six months' service in any one year.
(10) "Beneficiary" shall mean any person in receipt of a
pension, annuity, retirement allowance, disability allowance,
or any other benefit provided in this chapter.
(11) "Compensation" shall mean the compensation payable in cash, plus the monetary value, as determined by the
board of administration, of any allowance in lieu thereof.
(12) "Compensation earnable" by a member shall mean
the average compensation as determined by the board of
administration upon the basis of the average period of
employment of members in the same group or class of
employment and at the same rate of pay.
(13) "Final compensation" means the annual average of
the greatest compensation earnable by a member during any
consecutive five-year period of service for which service
credit is allowed.
(14) "Normal contributions" shall mean contributions at
the rate provided for in RCW 41.28.040(1).
(15) "Additional contributions" shall mean the contributions provided for in RCW 41.28.040(4).
(16) "Regular interest", unless changed by the board of
administration as provided in RCW 41.28.060, shall mean
interest at four percent per annum, compounded annually.
(17) "Accumulated normal contribution" shall mean the
sum of all normal contributions, deducted from the compensation of a member, standing to the credit of his individual
account, together with regular interest thereon.
(2004 Ed.)
Retirement of Personnel in Certain First Class Cities
(18) "Accumulated additional contributions" shall mean
the sum of all the additional contributions, deducted from the
compensation of a member, standing to the credit of his individual account, together with regular interest thereon.
(19) "Accumulated contributions" shall mean accumulated normal contributions plus accumulated additional contributions.
(20) "Pension" shall mean payments derived from contributions made by the city as provided for in RCW 41.28.130
and 41.28.150.
(21) "Annuity" shall mean payments derived from contributions made by a member as provided in RCW 41.28.130
and 41.28.150.
(22) "Retirement allowance" shall mean the pension plus
the annuity.
(23) "Fiscal year" shall mean any year commencing with
January 1st, and ending with December 31st, next following.
(24) "Creditable service" shall mean such service as is
evidenced by the record of normal contributions received
from the employee plus prior service if credit for same is still
intact or not lost through withdrawal of accumulated normal
contributions as provided in RCW 41.28.110. [1967 c 185 §
1; 1963 c 91 § 1; 1939 c 207 § 2; RRS § 9592-102.]
41.28.020
41.28.020 Retirement system created—Adoption by
cities. A retirement system is hereby created and established
in each city of the first class in each county with a population
of one hundred twenty-five thousand or more to be known as
the "employees' retirement system". This chapter shall
become effective as to any such city when by ordinance of
the city duly enacted its terms are expressly accepted and
made applicable thereto. This section shall not be construed
as preventing performance before July 1, 1939, of any preliminary work which any city council, city commission or
board of administration shall deem necessary. [1991 c 363 §
118; 1939 c 207 § 3; RRS § 9592-103. FORMER PART OF
SECTION: 1939 c 207 § 1; RRS § 9592-101 now codified as
RCW 41.28.005.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
41.28.030
41.28.030 Employees within or excluded from system. (1) With the exception of those employees who are
excluded from membership as herein provided, all employees
shall become members of the retirement system as follows:
(a) Every employee in city service as defined in this
chapter, on July 1, 1939, shall become a member of the retirement system on that date.
(b) Every employee who enters or reenters city service
after July 1, 1939, shall become a member of the retirement
system upon the completion of six months of continuous service.
(2) The following shall be specifically exempted from
the provisions of this chapter:
(a) Members of the police departments who are entitled
to the benefits of the police relief and pension fund as established by state law.
(b) Members of the fire departments who are entitled to
the benefits of the firemen's relief and pension fund as established by state law.
(2004 Ed.)
41.28.040
(3) It shall be the duty of the head of each office or
department to give immediate notice in writing to the board
of administration of the change in status of any member of his
office or department, resulting from transfer, promotion,
leave of absence, resignation, reinstatement, dismissal or
death. The head of each office or department shall furnish
such other information concerning any member as the board
may require.
(4) Each member shall be subject to all the provisions of
this chapter and to all the rules and regulations adopted by the
board of administration. Should the service of any member,
in any period of ten consecutive years, amount to less than
five years, or should he withdraw more than one quarter of
his accumulated contributions, or should he die or be retired,
he shall thereupon cease to be a member. [1939 c 207 § 4;
RRS § 9592-104.]
41.28.040
41.28.040 Rates of contribution—Deduction and
payment into fund. (1) The normal rate of contribution of
members shall be those adopted by the board of administration, subject to the approval of the city council or city commission, and for the first five-year period such rates shall be
based on sex and on age of entry into the retirement system,
which age shall be the age at the birthday nearest the time of
entry into the system. The rates so adopted shall remain in
full force and effect until revised or changed by the board of
administration in the manner provided in RCW 41.28.060.
The normal rates of contribution shall be so fixed as to provide an annuity which, together with the pension provided by
the city, shall give as nearly as may be a retirement allowance
at the age of sixty-two years of one and one-third percent of
the final compensation multiplied by the number of years of
service of the retiring employee. The normal rate established
for age sixty-one shall be the rate for any member who has
attained a greater age before entry into the retirement system.
The normal rate of contribution for age twenty shall be the
rate for any member who enters the retirement system at an
earlier age.
(2) Subject to the provision of this chapter, the board of
administration shall adopt rules and regulations governing
the making of deductions from the compensation of employees and shall certify to the head of each office or department
the normal rate of contribution for each member provided for
in subdivision (1) of this section. The head of the department
shall apply such rate of contribution, and shall certify to the
city comptroller on each and every payroll the amount to be
contributed and shall furnish immediately to the board a copy
of each and every payroll; and each of said amounts shall be
deducted by the city comptroller and shall be paid into the
retirement fund, hereinafter provided for, and shall be credited by the board together with regular interest to an individual account of the member for whom the contribution was
made.
Every member shall be deemed to consent and agree to
the contribution made and provided for herein, and shall
receipt in full for his salary or compensation. Payment less
said contribution shall be a full and complete discharge of all
claims and demands whatsoever for the service rendered by
such person during the period covered by such payment,
except his claim to the benefits to which he may be entitled
under the provisions of this chapter.
[Title 41 RCW—page 137]
41.28.050
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3) At the end of each payroll period, the board shall
determine the aggregate amount of the normal contributions
for such period, and shall certify such aggregate to the city
comptroller, who shall thereupon transfer to the retirement
fund, hereinafter provided for, from the money appropriated
for that purpose in the budget for the fiscal year, an amount
equal to the aggregate normal contributions for the period
received from members.
(4) Any member may elect to contribute at rates in
excess of those provided for in subdivision (1) of this section,
for the purpose of providing additional benefits, but the exercise of this privilege by a member shall not place on the city
any additional financial obligation. The board of administration, upon application, shall furnish to such member information concerning the nature and amount of additional benefits
to be provided by such additional contribution. [1967 c 185
§ 2; 1939 c 207 § 5; RRS § 9592-105.]
41.28.050
41.28.050 Allowance of service credit. (1) Subject to
the following and all other provisions of this chapter, including such rules and regulations as the board shall adopt in pursuance thereof, the board, subject to the approval of the city
council or city commission, shall determine and may modify
allowance for service.
Time during which a member is absent on leave without
pay shall not be allowed in computing service: PROVIDED,
HOWEVER, That any member shall be given credit for any
period served by him in the national guard, or in the United
States army, navy, or marine corps, upon the call of the president, if at the time of such service such member was a regular employee under leave of absence. Certificate of honorable
discharge from and/or documentary evidence of such service
shall be submitted to the board in order to obtain credit for
such service.
Each member shall file with the board such information
affecting his status as a member of the retirement system as
the board may require.
(2) The board shall grant credit for prior service to each
member entering the retirement system on July 1, 1939, and
to each member entering after that date, if such entry is within
one year after rendering service prior to July 1, 1939: PROVIDED, HOWEVER, That the board may grant credit for
prior service to those entering the retirement system after
July 1, 1939, where the employee, because of sickness or
other disability, has been on leave of absence, regularly
granted, since discontinuance of city service, regardless of
the length of such leave. No prior service credit shall be used
as a basis for retirement or other benefit unless the membership continues until retirement on a retirement allowance or
until the granting of other benefits. [1939 c 207 § 6; RRS §
9592-106.]
41.28.060
41.28.060 Board of administration to administer system—Powers and duties—Actuarial investigations and
valuations—Reports, records, and accounts. The administration of the retirement system is hereby vested in the board
of administration created in RCW 41.28.080. The board shall
exercise the powers and duties conferred upon it by said section, and in addition thereto:
[Title 41 RCW—page 138]
(1) The board shall keep in convenient form such data as
shall be necessary for the actuarial valuation of the retirement
fund created by this chapter. At the end of the five-year
period beginning with the year 1939, and at the end of every
five-year period thereafter, the board shall cause to be made
an actuarial investigation into the mortality, service and compensation experience of the members, and beneficiaries as
defined by this chapter; and shall further cause to be made an
actuarial valuation of the assets and liabilities of the retirement fund, and upon the basis of such investigation and valuation and subject to the approval of the city council or city
commission, shall:
(a) Make any necessary changes in the rate of interest;
(b) Adopt for the retirement system such mortality, service and other tables as shall be necessary;
(c) Revise or change the rates of contribution by members on the basis of such mortality, service and other tables.
(2) The board shall promptly transmit to the city council
or city commission a report covering the actuarial investigation and actuarial valuation provided for in subdivision (1) of
this section.
(3) In addition to other records and accounts, the board
shall keep such detailed reports and accounts as shall be necessary to show the financial condition of the retirement fund
at all times.
(4) The board shall annually transmit to the city council
or city commission a report showing the financial condition
of the fund established by this chapter. [1939 c 207 § 7; RRS
§ 9592-107.]
41.28.070
41.28.070 Employees' retirement fund created—
Composition. A fund is hereby created and established in all
cities of the first class as under this chapter provided to be
known as the "employees' retirement fund" and shall consist
of all the moneys paid into it in accordance with the provisions of this chapter, whether such moneys shall take the
form of cash, securities, or other assets. [1939 c 207 § 8; RRS
§ 9592-108.]
41.28.080
41.28.080 Board of administration—Members—
Duties—Fiscal affairs. (1) There is hereby created and
established a board of administration in each city coming
under this chapter, which shall, under the provisions of this
chapter and the direction of the city council or city commission, administer the retirement system and the retirement
fund created by this chapter. Under and pursuant to the direction of the city council or city commission, the board shall
provide for the proper investment of the moneys in the said
retirement fund.
(2) The board of administration shall consist of seven
members, as follows: Three members appointed by the regular appointing authority of the city, and three employees who
are eligible to membership in the retirement system, to be
elected by the employees. The above six members shall
appoint the seventh member.
(3) The investment of all or any part of the retirement
fund shall be subject to chapter 35.39 RCW.
(4) Subject to such provisions as may be prescribed by
law for the deposit of municipal funds in banks, cash belonging to the retirement fund may be deposited in any licensed
(2004 Ed.)
Retirement of Personnel in Certain First Class Cities
national bank or in any bank, banks or corporations authorized or licensed to do a banking business and organized
under the laws of the state of Washington.
(5) The city treasurer shall be the custodian of the retirement fund. All payments from said fund shall be made by the
city treasurer but only upon warrant duly executed by the city
comptroller.
(6) Except as herein provided, no member and no
employee of the board of administration shall have any interest, direct or indirect, in the making of any investments from
the retirement fund, or in the gains or profits accruing therefrom. And no member or employee of said board, directly or
indirectly, for himself or as an agent or partner of others, shall
borrow any of its funds or deposits or in any manner use the
same except to make such current and necessary payments as
are authorized by said board; nor shall any member or
employee of said board become an endorser or surety or
become in any manner an obligor for moneys invested by the
board. [1983 c 3 § 93; 1969 ex.s. c 211 § 2; 1939 c 207 § 9;
RRS § 9592-109.]
41.28.085
41.28.085 Legislative intent—Investments. In order
that the intent of the legislature may be made clear with
respect to investments, but without restricting the necessary
flexibility that must exist for successful investing of the
retirement and pension funds, the legislature makes this declaration of its desire that the investment authority shall give
primary consideration to dealing with brokerage firms which
maintain offices in the state of Washington so that the investment programs may make a meaningful contribution to the
economy of the state. It is further the desire of the legislature
that the retirement and pension funds shall be used as much
as reasonably possible to benefit and expand the business and
economic climate within the state of Washington so long as
such use would be consistent with sound investment policy.
[1969 ex.s. c 211 § 3.]
41.28.090
41.28.090 Contributions by city. (1) There shall be
paid into the retirement fund by contributions of the city, the
amounts necessary to pay all pensions and all other benefits
allowable under this chapter to members on account of prior
service, and minimum allowances provided for in RCW
41.28.130. Until the amount accumulated in the retirement
fund becomes at least as large as the present value of all
amounts thereinafter payable from said fund the amount
annually due to the said fund under this section shall be the
amount payable from said fund in the ensuing fiscal year on
account of prior service and minimum allowances. [1939 c
207 § 10; RRS § 9592-110.]
41.28.100
41.28.100 City obligated to contribute. The payments
of the city due the retirement fund as provided for in this
chapter are hereby made obligations of the city as defined in
this chapter. The board shall annually, on or before the tenth
day of July each year, prepare and submit to the city council
or city commission an estimate of the amounts necessary to
meet such obligations, and the city council or city commission shall provide for the raising of such amounts as are necessary to make such payments. [1939 c 207 § 11; RRS §
9592-111.]
(2004 Ed.)
41.28.120
41.28.110
41.28.110 Payments on discontinuance of service—
Reemployment—Redeposit. (1) Should the service of a
member be discontinued, except by death or retirement, he
shall be paid not later than six months after the day of discontinuance such part of his accumulated contributions as he
shall demand: PROVIDED, HOWEVER, That a member
may appeal to the board and by unanimous vote, the board
may grant a request for immediate withdrawal of contributions. If in the opinion of the board said member is permanently separated from service by reason of such discontinuance he shall be paid forthwith all of his accumulated contributions with interest: AND PROVIDED ALSO, That the
board may, in its discretion, withhold for not more than one
year after a member last rendered service all or part of his
accumulated normal contributions if after a previous discontinuance of service he withdrew all or part of his accumulated
normal contributions and failed to redeposit such withdrawn
amount in the retirement fund as provided in this section:
PROVIDED FURTHER, That the city shall receive credit for
the full amount deposited by the city in the retirement fund
for such member's benefit plus interest. Any member may
redeposit in the retirement fund an amount equal to that
which he previously withdrew therefrom at the last termination of his membership, such redeposit to be paid into the
retirement fund in accordance with rules established by the
board. If a member upon reentering the retirement system
after a termination of his membership shall not make such a
redeposit as hereinabove provided, the rate of his contributions for future years shall be the normal rate provided for in
RCW 41.28.040(1) at his age of reentrance; otherwise his
rate of contribution for future years shall be the same as his
rate prior to the termination of his membership. In the event
such redeposit is made by a member, an amount equal to the
accumulated normal contributions so redeposited shall again
be held for the benefit of said member, and shall no longer be
included in the amounts available to meet the obligations of
the city on account of benefits that have been granted or liabilities that have been assumed on account of prior service of
members, and the city shall reinstate the prior service credit
for such member. [1939 c 207 § 12; RRS § 9592-112.]
41.28.120
41.28.120 Retirement for service. Retirement of member for service shall be made by the board of administration
as follows:
(1) Each member in the city service on June 8, 1967,
who, on or before such effective date, has attained the age of
sixty-five years or over, shall be forthwith retired on the first
day of the calendar month next succeeding the month in
which the employee shall have attained the age of sixty-five:
PROVIDED, That none of such members shall be subject to
compulsory retirement for a period of five years following
said effective date, but during such period any member having attained the age of sixty-five may voluntarily retire after
attaining such age. Members attaining the age of sixty-five
after June 8, 1967 shall be retired on the first day of the calendar month next succeeding the month in which the member
shall have attained the age of sixty-five, but none of such
members shall be subject to compulsory retirement until five
years after said effective date: PROVIDED, FURTHER,
That any member attaining the age of seventy years during
said five year period shall be forthwith retired on the first day
[Title 41 RCW—page 139]
41.28.130
Title 41 RCW: Public Employment, Civil Service, and Pensions
of the calendar month next succeeding the month in which
the employee shall have attained the age of seventy years,
except as otherwise provided in this chapter. The board shall
extend the time of retirement for any member hired prior to
June 8, 1967 so as to enable said member to qualify for retirement benefits under this chapter, but in no event should such
extension extend beyond the age of seventy years.
(2) Any member in the city service may retire by filing
with the board a written application, stating when he desires
to be retired, such application to be made at least thirty days
prior to date of retirement: PROVIDED, HOWEVER, That
said member, at the time specified for his retirement, shall
have completed ten years of city service as defined in this
chapter, and shall have attained the age of fifty-seven years,
or shall have completed thirty years of city service as defined
in this chapter. Permanent discontinuance of city service after
age of fifty-seven shall entitle the member to his retirement
allowance: PROVIDED, That such employee has had at least
ten years of city service to his credit: AND PROVIDED
FURTHER, That permanent discontinuance of city service
after the completion of thirty years of city service shall entitle
the member to his retirement allowance. [1967 c 185 § 3;
1939 c 207 § 13; RRS § 9592-113.]
41.28.130
41.28.130 Service retirement allowances. (1) A member, upon retirement from service, shall receive a retirement
allowance subject to the provisions of paragraph (2) of this
section, which shall consist of:
(a) An annuity which shall be the actuarial equivalent of
his accumulated contributions at the time of his retirement.
(b) A pension purchased by the contributions of the city,
equal to the annuity purchased by the accumulated normal
contributions of the member.
(c) For any member having credit for prior service an
additional pension, purchased by the contributions of the city
equal to one and one-third percent of the final compensation,
multiplied by the number of years of prior service credited to
said member, except that if a member shall retire before
attaining the age of sixty-two years, the additional pension
shall be reduced to an amount which shall be equal to a lesser
percentage of final compensation, multiplied by the number
of years of prior service credited to said member, which
lesser percentage shall be applied to the respective ages of
retirement in accordance with the following tabulation:
Retirement age
62
61
60
59
58
57
56
55
54
53
52
51
50
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
[Title 41 RCW—page 140]
Percentage
1.333
1.242
1.158
1.081
1.010
0.945
0.885
0.829
0.778
0.731
0.687
0.646
0.608
(2) If the retirement allowance of the member as provided in this section, exclusive of any annuity purchased by
his accumulated additional contributions, is in excess of twothirds of his final salary, the pension of the member, purchased by the contributions of the city, shall be reduced to
such an amount as shall make the member's retirement allowance, exclusive of any annuity purchased by his accumulated
additional contributions, equal to two-thirds of his final salary, and the actuarial equivalent of such reduction shall
remain in the retirement fund to the credit of the city: PROVIDED, That the retired member will be granted a cost of living increase, in addition to the allowance provided in this section, of one percent commencing January 1, 1968 and an
additional one percent on the first day of each even-numbered
year thereafter if the U.S. Bureau of Labor Statistics' Cost of
Living Index has increased one percent or more since the last
cost of living increase in the member's retirement allowance;
such increases shall apply only to retirement allowances
approved on or after January 1, 1967.
(3) Any member, who enters the retirement system on
July 1, 1939, or who enters after that date and who is given
the credit for prior service, and who is retired by reason of
attaining the age of seventy years, shall receive such additional pension on account of prior service, purchased by the
contributions of the city, as will make his total retirement
allowance not less than four hundred twenty dollars per year.
(4) Any member who, at the time of his retirement, has at
least ten years of creditable service, as defined in this chapter,
and who has attained the age of sixty-five years or over, shall
receive such additional pension, purchased by the contributions of the city, as will make his total retirement allowance
not less than nine hundred sixty dollars per year. [1969 c 31
§ 1; 1967 c 185 § 4; 1961 c 260 § 1; 1939 c 207 § 14; RRS §
9592-114.]
Validation—1969 c 31: "Any action effected in accordance with the
provisions of the last two paragraphs of section 1 of this 1969 amendatory act
during the period of from June 8, 1967 until the effective date of this 1969
amendatory act is hereby declared valid." [1969 c 31 § 2.] "Section 1 of this
1969 amendatory act" refers to RCW 41.28.130 above; "the effective date of
this 1969 amendatory act" is March 18, 1969.
41.28.140
41.28.140 Retirement for disability. Any member
while in city service may be retired by the board of administration for permanent and total disability, either ordinary or
accidental, upon examination, as follows:
(1) Any member who has not attained the age of sixtyfive years and who has at least ten years of city service as
defined in this chapter, to his credit: PROVIDED, That the
required ten years of city service shall have been credited to
the member over a period of not to exceed fifteen years
immediately preceding retirement, within three months after
the discontinuance of city service, or while physically or
mentally incapacitated for the performance of duty, if such
incapacity has been continuous from discontinuance of city
service, shall be examined by a physician or surgeon,
appointed by the board of administration upon the application
of the head of the office or department in which said member
is employed, or upon application of said member, or a person
acting in his behalf, stating that said member is permanently
and totally incapacitated, either physically or mentally, for
the performance of duty and ought to be retired. If such med(2004 Ed.)
Retirement of Personnel in Certain First Class Cities
ical examination shows, to the satisfaction of the board, that
the said member is permanently and totally incapacitated
either physically or mentally for the performance of duty and
ought to be retired, the board shall retire the said member for
disability forthwith.
(2) The board shall secure such medical services and
advice as it may deem necessary to carry out the purpose of
this section and of RCW 41.28.160, and shall pay for such
medical services and advice such compensation as the board
shall deem reasonable. [1939 c 207 § 15; RRS § 9592-115.]
41.28.150
41.28.150 Disability retirement allowances—
Grounds for denial. (1) Upon retirement for disability, as
hereinabove provided: PROVIDED, The disability is not due
to intemperance, wilful misconduct or violation of law, of
which the board shall be the judge, a member shall receive a
retirement allowance which shall consist of:
(a) An annuity which shall be the actuarial equivalent of
his accumulated contributions at the time of his retirement.
(b) A pension purchased by the contributions of the city,
which, together with his annuity provided by his accumulated
normal contributions, shall make the retirement allowance,
exclusive of the annuity provided by his additional contributions equal to (i) one and one-fourth percent of his final compensation multiplied by the number of years of service which
would be creditable to him were his services to continue until
attainment by him of age sixty-two. The minimum disability
retirement allowance shall be nine hundred sixty dollars per
year.
(2) If disability is due to intemperance, wilful misconduct or violation of law on the part of the member, the board
of administration in its discretion may pay to said member in
one lump sum, his accumulated contributions, in lieu of a
retirement allowance, and such payment shall constitute full
satisfaction of all obligations of the city to such member, and
upon receipt of such payment he shall cease to be a member
of the retirement system.
(3) Upon the death of a member while in receipt of a disability retirement allowance, his accumulated contributions,
as they were at the date of his retirement, less any annuity
payments made to him, shall be paid to his estate, or to such
persons having an insurable interest in his life as he shall
have nominated by written designation duly executed and
filed with the board. [1963 c 91 § 2; 1961 c 260 § 2; 1939 c
207 § 16; RRS § 9592-116.]
41.28.160
41.28.160 Physical examination of disabled members—Reentry. (1) The board of administration may at its
pleasure require any disability beneficiary under age sixtytwo years to undergo medical examination to be made by a
physician or surgeon appointed by the board, at a place to be
designated by the board. Upon the basis of such examination
the board shall determine whether such disability beneficiary
is still totally and permanently incapacitated either mentally
or physically for service in the office or department of the
city where he was employed or in any other city service for
which he is qualified. If the board of administration shall
determine that said beneficiary is not so incapacitated, his
retirement allowance shall be canceled and he shall be reinstated forthwith in the city service.
(2004 Ed.)
41.28.170
(2) Should a disability beneficiary reenter the city service and be eligible for membership in the retirement system
in accordance with RCW 41.28.030(1), his retirement allowance shall be canceled and he shall immediately become a
member of the retirement system, his rate of contribution for
future years being that established for his age at the time of
reentry. His individual account shall be credited with his
accumulated contributions less the annuity payments made to
him. An amount equal to the accumulated normal contributions so credited to him shall again be held for the benefit of
said member and shall no longer be included in the amounts
available to meet the obligations of the city on account of
benefits that have been granted and on account of prior service of members. Such member shall receive credit for prior
service in the same manner as if he had never been retired for
disability.
(3) Should any disability beneficiary under age sixty-two
years refuse to submit to medical examination, his pension
may be discontinued until his withdrawal of such refusal, and
should refusal continue for one year, his retirement allowance
may be canceled. Should said disability beneficiary, prior to
attaining age sixty-two years, engage in a gainful occupation
not in city service, or should he reenter the city service and be
ineligible for membership in the retirement system in accordance with RCW 41.28.030(2), the board of administration
shall reduce the amount of his retirement allowance to an
amount, which when added to the compensation earned by
him in such occupation shall not exceed the amount of the
final compensation on the basis of which his retirement
allowance was determined. Should the earning capacity of
such beneficiary be further altered, the board may further
alter his retirement allowance to an amount which shall not
exceed the amount upon which he was originally retired, but
which, subject to such limitation shall equal, when added to
the compensation earned by him, the amount of his final
compensation on the basis of which his retirement allowance
was determined. When said disability beneficiary reaches the
age of sixty-two years, his retirement allowance shall be
made equal to the amount upon which he was originally
retired, and shall not again be modified for any cause except
as provided in RCW 41.28.220.
(4) Should the retirement allowance of any disability
beneficiary be canceled for any cause other than reentrance
into the city service he shall be paid his accumulated contributions, less annuity payments made to him. [1939 c 207 §
17; RRS § 9592-117.]
41.28.170
41.28.170 Optional allowances. A member may elect
to receive, in lieu of the retirement allowance provided for in
RCW 41.28.130, its actuarial equivalent in the form of a
lesser retirement allowance, payable in accordance with the
terms and conditions of one of the options set forth below in
this section. Election of any option must be made by written
application filed with the board of administration at least
thirty days in advance of retirement as provided in RCW
41.28.120, and shall not be effective unless approved by the
board prior to retirement of the member.
Option A. The lesser retirement allowance shall be payable to the member throughout his life: PROVIDED, That if
he die before he receive in annuity payments referred to in
RCW 41.28.130(1)(a), a total amount equal to the amount of
[Title 41 RCW—page 141]
41.28.180
Title 41 RCW: Public Employment, Civil Service, and Pensions
his accumulated contributions as it was at the date of his
retirement, the balance of such accumulated contributions
shall be paid in one sum to his estate or to such person having
an insurable interest in his life as he shall nominate by written
designation duly executed and filed with the board.
Option B. The lesser retirement allowance shall be payable to a member throughout his life: PROVIDED, That if he
die before he receive in annuity payments referred to in RCW
41.28.130(1)(a), a total amount equal to the amount of his
accumulated contributions as it was at the date of his retirement, the said annuity payments resulting from his accumulated contributions shall be continued and paid to his estate or
such person, having an insurable interest in his life, as he
shall nominate by written designation duly executed and filed
with the board until the total amount of annuity payments
shall equal the amount of his accumulated contributions as it
was at the date of his retirement.
Option C. The member shall elect a "guaranteed period"
of any number of years. If he dies before the lesser retirement
allowance has been paid to him for the number of years
elected by him as the "guaranteed period", the lesser retirement allowance shall be continued to the end of the "guaranteed period", and during such continuation shall be paid to his
estate or to such person having an insurable interest in his life
as he shall nominate by written designation duly executed
and filed with the board.
Option D. The lesser retirement allowance shall be payable to the member throughout life, and after the death of the
member, one-half of the lesser retirement allowance shall be
continued throughout the life of and paid to the wife or husband of the member.
Option E. The lesser retirement allowance shall be payable to the member throughout life, and after death of the
member it shall be continued throughout the life of and paid
to the wife or husband of the member. [1967 c 185 § 5; 1963
c 91 § 3; 1939 c 207 § 18; RRS § 9592-118.]
41.28.180
41.28.180 Payments on death of unretired members.
Upon the death of any person who has not been retired, pursuant to the provisions of this chapter, there shall be paid to
his estate, or to such persons having an insurable interest in
his life as he shall have nominated by written designation
duly executed and filed with the board, his accumulated contributions less any payments therefrom already made to him,
if any. [1939 c 207 § 19; RRS § 9592-119.]
41.28.190
41.28.190 Payments to be made monthly. A pension
annuity or a retirement allowance granted under the provisions of this chapter, unless otherwise specified herein, shall
be payable in monthly installments, and each installment
shall cover for the current calendar month. [1939 c 207 § 20;
RRS § 9592-120.]
41.28.200
41.28.200 Exemption from process—Rights not
assignable. The right of a person to a pension, an annuity or
a retirement allowance, to the return of contributions, the
pension, annuity or retirement allowance itself, any optional
benefit, any other right accrued or accruing to any person
under the provisions of this chapter, and the moneys in the
fund created under this chapter shall not be subject to execu[Title 41 RCW—page 142]
tion, garnishment, attachment, or any other process whatsoever and shall be unassignable except as in this chapter specifically provided. [1939 c 207 § 21; RRS § 9592-121.]
41.28.205
41.28.205 Benefits payable in accordance with court
decree or order of dissolution or legal separation. Benefits under this chapter shall be payable to a spouse or exspouse to the extent expressly provided for in any court
decree of dissolution or legal separation or in any court order
or court-approved property settlement agreement incident to
any court decree of dissolution or legal separation. [1979
ex.s. c 205 § 9.]
41.28.207
41.28.207 Payments to spouse or ex spouse pursuant
to court order. (1) If the board of administration makes payments to a spouse or ex spouse to the extent expressly provided for in any court decree of dissolution or legal separation or in any court order or court-approved property settlement agreement incident to a court decree of dissolution or
legal separation, it shall be a sufficient answer to any claim of
a beneficiary against the board of administration or the retirement system for the board of administration to show that the
payments were made pursuant to a court decree.
(2) All payments made to a nonmember spouse or ex
spouse pursuant to RCW 41.28.205 shall cease upon the
death of such a nonmember spouse or ex spouse. Upon such
a death, the board of administration shall pay to the member
his or her full monthly entitlement of benefits.
(3) The provisions of RCW 41.28.205 and this section
shall apply to all court decrees of dissolution or legal separation and court-approved property settlement agreements,
regardless of when entered, but shall apply only to those persons who have actually retired or who have requested withdrawal of any or all of their accumulated contributions:
PROVIDED, That the board of administration shall not be
responsible for making court-ordered divisions of withdrawals unless the order is filed with the board at least thirty days
before the withdrawal payment date. [1987 c 326 § 20.]
Effective date—1987 c 326: See RCW 41.50.901.
Mandatory assignment of retirement benefits to spouse or ex spouse: RCW
41.50.500 through 41.50.660.
41.28.210
41.28.210 Estimates of service, compensation, or age.
If it shall be impracticable for the board of administration to
determine from the records the length of service, the compensation, or the age of any member, the said board may estimate
for the purpose of this chapter, such length of service, compensation or age. [1939 c 207 § 22; RRS § 9592-122.]
41.28.220
41.28.220 Suspension of allowances during other
public aid. The payment of any retirement allowance to a
member who has been retired from service shall be suspended during the time that the beneficiary is in receipt of
other pension or of other compensation for state or public service paid from direct or indirect state or municipal taxes or
revenues of publicly owned utilities, except as to the amount
by which such retirement allowance may exceed such compensation for the same period. [1939 c 207 § 23; RRS §
9592-123.]
(2004 Ed.)
Extraordinary Investment Gains—Plan 1
41.28.230
41.28.230 Administrative expense. The city council or
city commission shall appropriate annually from the retirement fund the amount it deems necessary for the purpose of
paying the expenses of administering the retirement system.
The board of administration shall annually submit to the city
council or city commission its estimate of the amount necessary to pay such expenses. The preliminary cost of establishment of said retirement system, such as clerical help and
actuarial survey costs, etc., shall be paid by the department or
departments affected. [1939 c 207 § 24; RRS § 9592-124.]
41.28.240
41.28.240 Existing systems preserved. Nothing in this
chapter shall repeal, supersede, alter, amend or be regarded as
a substitute for any existing retirement or pension system,
duly established by city ordinance. [1939 c 207 § 28; RRS §
9592-128.]
41.28.900
41.28.900 Severability—1939 c 207. If any one or
more sections, subsections, subdivisions, sentences, clauses
or phrases of this chapter are for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter, but the same
shall remain in full force and effect. [1939 c 207 § 25; RRS
§ 9592-125.]
41.31A.020
investment gains, if any. The amount of extraordinary investment gains shall be calculated as follows:
(a) One-half of the sum of the value of the net assets held
in trust for pension benefits in the teachers' retirement system
plan 1 fund and the public employees' retirement system plan
1 fund at the close of the previous state fiscal year;
(b) Multiplied by the amount which the compound average of investment returns on those assets over the previous
four state fiscal years exceeds ten percent.
(2) The gain-sharing increase amount for July 1998, as
provided for in RCW 41.31.010, is ten cents. [1998 c 340 §
2.]
Effective date—1998 c 340: See note following RCW 41.31.010.
41.31.030
41.31.030 Contractual right to increase not granted.
The legislature reserves the right to amend or repeal this
chapter in the future and no member or beneficiary has a contractual right to receive this postretirement adjustment not
granted prior to that amendment or repeal. [1998 c 340 § 3.]
Effective date—1998 c 340: See note following RCW 41.31.010.
Chapter 41.31A RCW
EXTRAORDINARY INVESTMENT GAINS—PLAN 3
Chapter 41.31A
Sections
41.28.910
41.28.910 Repeal. All laws and parts of laws in conflict
herewith be and the same are hereby repealed. [1939 c 207 §
26.]
41.31A.010
41.31A.020
41.31A.030
41.28.920
41.28.920 Effective date—1939 c 207. The retirement
system shall become effective on July 1, 1939, as provided in
RCW 41.28.020. [1939 c 207 § 27.]
Chapter 41.31
Chapter 41.31 RCW
EXTRAORDINARY INVESTMENT GAINS—PLAN 1
Sections
41.31.010
41.31.020
41.31.030
Annual pension increases—Increased by gain-sharing increase
amount.
Gain-sharing increase amount calculated.
Contractual right to increase not granted.
41.31.010
41.31.010 Annual pension increases—Increased by
gain-sharing increase amount. Beginning July 1, 1998, and
on January 1st of even-numbered years thereafter, the annual
increase amount as defined in RCW 41.32.010 and 41.40.010
shall be increased by the gain-sharing increase amount, if
any. The monthly retirement allowance of a person in receipt
of the benefit provided in RCW 41.32.489 or 41.40.197 shall
immediately be adjusted to reflect any increase. [1998 c 340
§ 1.]
Effective date—1998 c 340: "Except for section 13 of this act, this act
is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and takes effect immediately [April 3, 1998]." [1998 c 340 § 14.]
41.31.020
41.31.020 Gain-sharing increase amount calculated.
(1) The gain-sharing increase amount shall be the amount of
increase, rounded to the nearest cent, that can be fully funded
in actuarial present value by the amount of extraordinary
(2004 Ed.)
41.31A.040
Definitions.
Extraordinary investment gain—Credited to member
accounts—Persons eligible—Calculation of amount—
Contractual right not granted.
Retroactive extraordinary investment gain—Credited to
member accounts—Persons eligible—Calculation of
amount—Contractual right not granted.
Retroactive extraordinary investment gain—Credited to
member accounts—Persons eligible—Calculation of
amount—Contractual right not granted.
41.31A.010
41.31A.010 Definitions. The definitions in this section
apply throughout this chapter unless the context requires otherwise.
(1) "Actuary" means the state actuary or the office of the
state actuary.
(2) "Department" means the department of retirement
systems.
(3) "Teacher" means any employee included in the membership of the teachers' retirement system as provided for in
chapter 41.32 RCW.
(4) "Member account" or "member's account" means the
sum of any contributions as provided for in chapter 41.34
RCW and the earnings on behalf of the member.
(5) "Classified employee" means the same as in RCW
41.35.010.
(6) "Public employee" means the same as "member" as
defined in RCW 41.40.010(5). [2000 c 247 § 407; 1998 c
341 § 311.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
41.31A.020
41.31A.020 Extraordinary investment gain—Credited to member accounts—Persons eligible—Calculation
of amount—Contractual right not granted. (1) On January 1, 2004, and on January 1st of even-numbered years
[Title 41 RCW—page 143]
41.31A.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
thereafter, the member account of a person meeting the
requirements of this section shall be credited by the extraordinary investment gain amount.
(2) The following persons shall be eligible for the benefit
provided in subsection (1) of this section:
(a) Any member of the teachers' retirement system plan
3, the Washington school employees' retirement system plan
3, or the public employees' retirement system plan 3 who
earned service credit during the twelve-month period from
September 1st to August 31st immediately preceding the distribution and had a balance of at least one thousand dollars in
their member account on August 31st of the year immediately preceding the distribution; or
(b) Any person in receipt of a benefit pursuant to RCW
41.32.875, 41.35.680, or 41.40.820; or
(c) Any person who is a retiree pursuant to RCW
41.34.020(8) and who:
(i) Completed ten service credit years; or
(ii) Completed five service credit years, including twelve
service months after attaining age fifty-four; or
(d) Any teacher who is a retiree pursuant to RCW
41.34.020(8) and who has completed five service credit years
by July 1, 1996, under plan 2 and who transferred to plan 3
under RCW 41.32.817; or
(e) Any classified employee who is a retiree pursuant to
RCW 41.34.020(8) and who has completed five service
credit years by September 1, 2000, and who transferred to
plan 3 under RCW 41.35.510; or
(f) Any public employee who is a retiree pursuant to
RCW 41.34.020(8) and who has completed five service
credit years by March 1, 2002, and who transferred to plan 3
under RCW 41.40.795; or
(g) Any person who had a balance of at least one thousand dollars in their member account on August 31st of the
year immediately preceding the distribution and who:
(i) Completed ten service credit years; or
(ii) Completed five service credit years, including twelve
service months after attaining age fifty-four; or
(h) Any teacher who had a balance of at least one thousand dollars in their member account on August 31st of the
year immediately preceding the distribution and who has
completed five service credit years by July 1, 1996, under
plan 2 and who transferred to plan 3 under RCW 41.32.817;
or
(i) Any classified employee who had a balance of at least
one thousand dollars in their member account on August 31st
of the year immediately preceding the distribution and who
has completed five service credit years by September 1,
2000, and who transferred to plan 3 under RCW 41.35.510;
or
(j) Any public employee who had a balance of at least
one thousand dollars in their member account on August 31st
of the year immediately preceding the distribution and who
has completed five service credit years by March 1, 2002, and
who transferred to plan 3 under RCW 41.40.795.
(3) The extraordinary investment gain amount shall be
calculated as follows:
(a) One-half of the sum of the value of the net assets held
in trust for pension benefits in the teachers' retirement system
combined plan 2 and 3 fund, the Washington school employees' retirement system combined plan 2 and 3 fund, and the
[Title 41 RCW—page 144]
public employees' retirement system combined plan 2 and 3
fund at the close of the previous state fiscal year not including
the amount attributable to member accounts;
(b) Multiplied by the amount which the compound average of investment returns on those assets over the previous
four state fiscal years exceeds ten percent;
(c) Multiplied by the proportion of:
(i) The sum of the service credit on August 31st of the
previous year of all persons eligible for the benefit provided
in subsection (1) of this section; to
(ii) The sum of the service credit on August 31st of the
previous year of:
(A) All persons eligible for the benefit provided in subsection (1) of this section;
(B) Any person who earned service credit in the teachers'
retirement system plan 2, the Washington school employees'
retirement system plan 2, or the public employees' retirement
system plan 2 during the twelve-month period from September 1st to August 31st immediately preceding the distribution;
(C) Any person in receipt of a benefit pursuant to RCW
41.32.765, 41.35.420, or 41.40.630; and
(D) Any person with five or more years of service in the
teachers' retirement system plan 2, the Washington school
employees' retirement system plan 2, or the public employees' retirement system plan 2;
(d) Divided proportionally among persons eligible for
the benefit provided in subsection (1) of this section on the
basis of their service credit total on August 31st of the previous year.
(4) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to receive this distribution not granted prior
to that time. [2003 c 294 § 4; 2000 c 247 § 408; 1998 c 341
§ 312.]
Effective date—2003 c 294 § 4: "Section 4 of this act takes effect January 1, 2004." [2003 c 294 § 17.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
41.31A.030
41.31A.030 Retroactive extraordinary investment
gain—Credited to member accounts—Persons eligible—
Calculation of amount—Contractual right not granted.
(1) On March 1, 2001, the member account of a person meeting the requirements of this section shall be credited by the
1998 retroactive extraordinary investment gain amount and
the 2000 retroactive extraordinary investment gain amount.
(2) The following persons shall be eligible for the benefits provided in subsection (1) of this section:
(a) Any classified employee who earned service credit
during the twelve-month period from September 1st to
August 31st immediately preceding the distribution and who
transferred to plan 3 under RCW 41.35.510; or
(b) Any classified employee in receipt of a benefit pursuant to RCW 41.35.680 and who has completed five service
credit years by September 1, 2000, and who transferred to
plan 3 under RCW 41.35.510; or
(c) Any classified employee who is a retiree pursuant to
RCW 41.34.020(8) and who has completed five service
(2004 Ed.)
Teachers' Retirement
credit years by September 1, 2000, and who transferred to
plan 3 under RCW 41.35.510; or
(d) Any classified employee who has a balance of at least
one thousand dollars in his or her member account and who
has completed five service credit years by September 1,
2000, and who transferred to plan 3 under RCW 41.35.510.
(3) The 1998 retroactive extraordinary investment gain
amount shall be calculated as follows:
(a) An amount equal to the average benefit per year of
service paid to members of the teachers' retirement system
plan 3 pursuant to section 309, chapter 341, Laws of 1998 in
1998;
(b) Distributed to persons eligible for the benefit provided in subsection (1) of this section on the basis of their service credit total on August 31, 1997.
(4) The 2000 retroactive extraordinary investment gain
amount shall be calculated as follows:
(a) An amount equal to the average benefit per year of
service paid to members of the teachers' retirement system
plan 3 pursuant to section 309, chapter 341, Laws of 1998 in
2000;
(b) Distributed to persons eligible for the benefit provided in subsection (1) of this section on the basis of their service credit total on August 31, 1999.
(5) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to receive this distribution not granted prior
to that time. [1998 c 341 § 313.]
Effective date—1998 c 341: See RCW 41.35.901.
41.31A.040
41.31A.040 Retroactive extraordinary investment
gain—Credited to member accounts—Persons eligible—
Calculation of amount—Contractual right not granted.
(1) On June 1, 2003, the member account of a person meeting
the requirements of this section shall be credited by the 2000
retroactive extraordinary investment gain amount and the
2002 retroactive extraordinary investment gain amount.
(2) The following persons shall be eligible for the benefits provided in subsection (1) of this section:
(a) Any public employee who earned service credit during the twelve-month period from September 1st to August
31st immediately preceding the distribution and who transferred to plan 3 under RCW 41.40.795; or
(b) Any public employee in receipt of a benefit pursuant
to RCW 41.40.820 and who has completed five service credit
years by September 1, 2002, and who transferred to plan 3
under RCW 41.40.795; or
(c) Any public employee who is a retiree pursuant to
RCW 41.34.020(8) and who has completed five service
credit years by September 1, 2002, and who transferred to
plan 3 under RCW 41.40.795; or
(d) Any public employee who has a balance of at least
one thousand dollars in either his or her member account or in
plan 2 accumulated contributions and who has completed
five service credit years by September 1, 2002, and who
transferred to plan 3 under RCW 41.40.795.
(3) The 2000 retroactive extraordinary investment gain
amount shall be calculated as follows:
(2004 Ed.)
Chapter 41.32
(a) An amount equal to the average benefit per year of
service paid in 2000 to members of the teachers' retirement
system plan 3 under section 309, chapter 341, Laws of 1998;
(b) Distributed to persons eligible for the benefit in subsection (1) of this section on the basis of their service credit
total on July 1, 1999.
(4) The 2002 retroactive extraordinary investment gain
amount shall be calculated as follows:
(a) An amount equal to the average benefit per year of
service paid in 2002 to members of the teachers' retirement
system plan 3 and the school employees' retirement system
plan 3 under RCW 41.31A.020;
(b) Distributed to persons eligible for the benefit provided in subsection (1) of this section on the basis of their service credit total on July 1, 2001.
(5) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to receive this distribution not granted prior
to that time. [2000 c 247 § 409.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Chapter 41.32
Chapter 41.32 RCW
TEACHERS' RETIREMENT
Sections
"PROVISIONS APPLICABLE TO PLAN 1, PLAN 2, AND PLAN 3"
41.32.005
41.32.010
41.32.013
41.32.016
41.32.020
41.32.025
41.32.032
41.32.035
41.32.042
41.32.044
41.32.052
41.32.053
41.32.054
41.32.055
41.32.062
41.32.063
41.32.064
41.32.065
41.32.067
Provisions applicable to "plan 1," "plan 2," and "plan 3."
Definitions.
Substitute teachers—Application for service credit—Procedures.
Contingent application of chapter to charter schools.
Name of system.
Department's power to determine eligibility.
Membership in system—Service credit of educational staff
associates.
Employer contribution rates—Computation and payment.
Validity of deductions—Interest.
Retired teacher may reenter system—Benefit limitations.
Exemption from taxation and judicial process—Exceptions—
Nonassignability—Deductions authorized.
Death benefit—Course of employment.
Disability retirement—Criminal conduct.
Falsification—Penalty.
Effect of certain accumulated vacation leave on retirement
benefits.
Benefit calculation—Limitation.
Establishing, restoring service credit.
Election to use out-of-state service credit to calculate time at
which the member may retire.
Purchase of additional benefits—Conditions.
"PLAN 1"
41.32.215
41.32.240
41.32.260
41.32.263
41.32.267
41.32.270
41.32.300
41.32.310
41.32.330
41.32.340
41.32.345
41.32.350
41.32.360
41.32.366
41.32.380
Provisions applicable to plan 1.
Membership in system.
Credit for military service or as state legislator.
State legislators and state officials eligible for retirement benefits.
Service credit for paid leave of absence—Application to
elected officials of labor organizations.
Teaching service, how credited.
Limitation on credit for out-of-state service.
Time limit for claiming service credit—Payments.
Credit for professional preparation subsequent to becoming
teacher.
Creditable service, what to consist of.
"Earnable compensation" defined for certain part-time
employees—Adoption of rules.
Purchase of additional annuity.
Basis of contributions to disability reserve fund.
Basis of contributions to death benefit fund.
Source of pension reserve—Contributions.
[Title 41 RCW—page 145]
41.32.005
41.32.390
41.32.470
41.32.480
41.32.485
41.32.4851
41.32.4872
41.32.489
41.32.4931
41.32.4945
41.32.497
41.32.498
41.32.4986
41.32.4991
41.32.500
41.32.510
41.32.520
41.32.522
41.32.523
41.32.530
41.32.540
41.32.550
41.32.555
41.32.570
Title 41 RCW: Public Employment, Civil Service, and Pensions
Contributions for prior service credits.
Eligibility for retirement allowance.
Qualifications for retirement.
Minimum retirement allowance—Cost-of-living adjustment—
Post-retirement adjustment—Computation.
Minimum retirement allowance—Annual adjustment—Persons who become beneficiaries after June 30, 1995.
Permanent increase for specified beneficiaries age seventy or
over.
Retirement allowance—Annual increases—Eligibility.
Additional special pension for former members not receiving
social security.
Limitation as to earnable compensation of member as member
of the legislature.
Retirement allowance for members entering system before
April 25, 1973—Election.
Retirement allowance for members entering system after April
25, 1973, or in lieu of allowance under RCW 41.32.497.
Members with thirty years of service—Irrevocable election.
Permanent retirement allowance adjustment.
Termination of membership.
Payment on withdrawal—Reentry.
Payment on death before retirement or within sixty days following application for disability retirement.
Death benefits.
Death benefits—Members not qualified for benefits under
RCW 41.32.522 and retired former members.
Options available—Retirement allowance adjustment—
Court-approved property settlement.
Disability allowance—Temporary.
Options and allowances on report that disability will be permanent—Reexamination.
Persons with annual half-time contracts—Eligibility for benefits under RCW 41.32.550.
Postretirement employment—Reduction or suspension of pension payments.
"PLAN 2"
41.32.755
41.32.760
41.32.762
41.32.765
41.32.770
41.32.780
41.32.785
41.32.790
41.32.795
41.32.800
41.32.802
41.32.805
41.32.810
41.32.812
41.32.815
41.32.817
41.32.818
41.32.820
41.32.825
Provisions applicable to plan 2.
Computation of the retirement allowance.
Lump sum retirement allowance—Reentry—Conditions for
reinstatement of service.
Retirement for service.
Post-retirement cost-of-living.
Teachers required to be members.
Options for payment of retirement allowances—Retirement
allowance adjustment—Court-approved property settlement.
Earned disability allowance—Eligibility—Disposition upon
death of recipient.
Application for and effective date of retirement allowances.
Suspension of retirement allowance upon reemployment—
Reinstatement.
Reduction of retirement allowance upon reemployment—
Reestablishment of membership.
Death benefits.
Service credit for paid leave of absence, officers of labor organizations, unpaid leave of absence, military service.
Service credit for half-time employment from October 1,
1977, through December 31, 1986.
Vested membership.
Transfer to plan 3—Irrevocable option.
Public employees' retirement system members who previously
declined membership in the teachers' retirement system—
Transfer to plan 3—Irrevocable option.
Refund of contributions on termination.
Reentry.
"PLAN 3"
41.32.831
41.32.835
41.32.837
41.32.840
41.32.8401
41.32.845
41.32.851
41.32.855
41.32.860
41.32.862
41.32.865
Provisions applicable to plan 3—Plan 3 elements.
Membership in plan 3.
Right to waive benefit—Irrevocable choice.
Computation of the retirement allowance.
Additional payment.
Postretirement cost-of-living allowance.
Options for payment of retirement allowances—Courtapproved property settlement.
Application for and effective date of retirement allowances.
Suspension of retirement allowance upon reemployment—
Reinstatement.
Reduction of retirement allowance upon reemployment—
Reestablishment of membership.
Service credit for paid leave of absence, officers of labor organizations, unpaid leave of absence, military service.
[Title 41 RCW—page 146]
41.32.867
41.32.870
41.32.875
41.32.880
41.32.892
41.32.895
Purchased service credit—Allocation.
Lump sum payments—Reentry.
Retirement eligibility.
Earned disability allowance—Eligibility—Disposition upon
death of recipient.
Restored, purchased service credit under plan 2—Transfer to
plan 3.
Death benefits.
Numerical designations—1998 c 341: See note following chapter
41.26 RCW digest.
Prior acts relating to teachers' retirement: (1) 1943 c 116; 1941 c 97;
1939 c 86, 40; 1937 c 221 (repealed by 1947 c 80 § 70).
(2) 1931 c 115; 1923 c 187; 1919 c 150; 1917 c 163 (repealed by 1937
c 221 § 14).
Employee salary or compensation—Limitations respecting: RCW
28A.400.220.
Portability of public retirement benefits: Chapter 41.54 RCW.
Teachers in state correctional facilities as members of teachers' retirement
fund: RCW 72.01.200.
"PROVISIONS APPLICABLE TO PLAN 1, PLAN 2,
AND PLAN 3"
41.32.005 Provisions applicable to "plan 1," "plan
2," and "plan 3." RCW 41.32.010 through 41.32.067 shall
apply to members of plan 1, plan 2, and plan 3. [1995 c 239
§ 101; 1992 c 72 § 4; 1991 c 35 § 30; 1990 c 274 § 16. Prior:
1989 c 273 § 15; 1989 c 272 § 4; 1977 ex.s. c 293 § 19.]
41.32.005
Effective date—1995 c 239: "This act shall take effect July 1, 1996,
except that sections 301 and 302 of this act shall take effect immediately
[March 13, 1996]." [1996 c 39 § 23; 1995 c 239 § 327.]
Part and subchapter headings not law—1995 c 239: "Part headings
and subchapter headings as used in this act constitute no part of the law."
[1995 c 239 § 328.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Severability—1989 c 273: See RCW 41.45.900.
Purpose—1989 c 272: "The legislature recognizes that inflation erodes
the purchasing power of retirement benefits. Although the benefit provided
to state retirees from social security is fully protected, the benefits provided
by the public employees' retirement system, plan 1, and the teachers' retirement system, plan 1 provide an automatic cost-of-living adjustment only for
persons who receive the minimum benefit.
The purpose of this act is to add provisions to the teachers' retirement
system and the public employees' retirement system which will help mitigate
the impact of inflation on retirees of those systems. These additional provisions are intended to reflect and implement the following policies:
(1) The minimum benefit is increased in order to provide a more adequate basic standard of living to persons who retired long ago under lower
salaries and less generous retirement benefit formulas; and
(2) Retirees whose benefits have lost forty percent of their purchasing
power are made eligible for automatic adjustments which are provided in a
manner that is consistent with the retirement age and benefit provisions of
plan 2 of the teachers' retirement system and the public employees' retirement system." [1989 c 272 § 1.]
Effective date—Severability—1977 ex.s. c 293: See notes following
RCW 41.32.755.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.010 Definitions. As used in this chapter, unless a
different meaning is plainly required by the context:
(1)(a) "Accumulated contributions" for plan 1 members,
means the sum of all regular annuity contributions and,
except for the purpose of withdrawal at the time of retirement, any amount paid under RCW 41.50.165(2) with regular
interest thereon.
41.32.010
(2004 Ed.)
Teachers' Retirement
(b) "Accumulated contributions" for plan 2 members,
means the sum of all contributions standing to the credit of a
member in the member's individual account, including any
amount paid under RCW 41.50.165(2), together with the regular interest thereon.
(2) "Actuarial equivalent" means a benefit of equal value
when computed upon the basis of such mortality tables and
regulations as shall be adopted by the director and regular
interest.
(3) "Annuity" means the moneys payable per year during
life by reason of accumulated contributions of a member.
(4) "Member reserve" means the fund in which all of the
accumulated contributions of members are held.
(5)(a) "Beneficiary" for plan 1 members, means any person in receipt of a retirement allowance or other benefit provided by this chapter.
(b) "Beneficiary" for plan 2 and plan 3 members, means
any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered
to an employer by another person.
(6) "Contract" means any agreement for service and
compensation between a member and an employer.
(7) "Creditable service" means membership service plus
prior service for which credit is allowable. This subsection
shall apply only to plan 1 members.
(8) "Dependent" means receiving one-half or more of
support from a member.
(9) "Disability allowance" means monthly payments
during disability. This subsection shall apply only to plan 1
members.
(10)(a) "Earnable compensation" for plan 1 members,
means:
(i) All salaries and wages paid by an employer to an
employee member of the retirement system for personal services rendered during a fiscal year. In all cases where compensation includes maintenance the employer shall fix the
value of that part of the compensation not paid in money.
(ii) For an employee member of the retirement system
teaching in an extended school year program, two consecutive extended school years, as defined by the employer school
district, may be used as the annual period for determining
earnable compensation in lieu of the two fiscal years.
(iii) "Earnable compensation" for plan 1 members also
includes the following actual or imputed payments, which are
not paid for personal services:
(A) Retroactive payments to an individual by an
employer on reinstatement of the employee in a position, or
payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wages which the individual would have
earned during a payroll period shall be considered earnable
compensation and the individual shall receive the equivalent
service credit.
(B) If a leave of absence, without pay, is taken by a
member for the purpose of serving as a member of the state
legislature, and such member has served in the legislature
five or more years, the salary which would have been
received for the position from which the leave of absence was
taken shall be considered as compensation earnable if the
employee's contribution thereon is paid by the employee. In
addition, where a member has been a member of the state leg(2004 Ed.)
41.32.010
islature for five or more years, earnable compensation for the
member's two highest compensated consecutive years of service shall include a sum not to exceed thirty-six hundred dollars for each of such two consecutive years, regardless of
whether or not legislative service was rendered during those
two years.
(iv) For members employed less than full time under
written contract with a school district, or community college
district, in an instructional position, for which the member
receives service credit of less than one year in all of the years
used to determine the earnable compensation used for computing benefits due under RCW 41.32.497, 41.32.498, and
41.32.520, the member may elect to have earnable compensation defined as provided in RCW 41.32.345. For the purposes of this subsection, the term "instructional position"
means a position in which more than seventy-five percent of
the member's time is spent as a classroom instructor (including office hours), a librarian, or a counselor. Earnable compensation shall be so defined only for the purpose of the calculation of retirement benefits and only as necessary to insure
that members who receive fractional service credit under
RCW 41.32.270 receive benefits proportional to those
received by members who have received full-time service
credit.
(v) "Earnable compensation" does not include:
(A) Remuneration for unused sick leave authorized
under RCW 41.04.340, 28A.400.210, or 28A.310.490;
(B) Remuneration for unused annual leave in excess of
thirty days as authorized by RCW 43.01.044 and 43.01.041.
(b) "Earnable compensation" for plan 2 and plan 3 members, means salaries or wages earned by a member during a
payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under
provisions established pursuant to sections 403(b), 414(h),
and 457 of the United States Internal Revenue Code, but shall
exclude lump sum payments for deferred annual sick leave,
unused accumulated vacation, unused accumulated annual
leave, or any form of severance pay.
"Earnable compensation" for plan 2 and plan 3 members
also includes the following actual or imputed payments
which, except in the case of (b)(ii)(B) of this subsection, are
not paid for personal services:
(i) Retroactive payments to an individual by an employer
on reinstatement of the employee in a position or payments
by an employer to an individual in lieu of reinstatement in a
position which are awarded or granted as the equivalent of
the salary or wages which the individual would have earned
during a payroll period shall be considered earnable compensation, to the extent provided above, and the individual shall
receive the equivalent service credit.
(ii) In any year in which a member serves in the legislature the member shall have the option of having such member's earnable compensation be the greater of:
(A) The earnable compensation the member would have
received had such member not served in the legislature; or
(B) Such member's actual earnable compensation
received for teaching and legislative service combined. Any
additional contributions to the retirement system required
because compensation earnable under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B)
[Title 41 RCW—page 147]
41.32.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
of this subsection shall be paid by the member for both member and employer contributions.
(11) "Employer" means the state of Washington, the
school district, or any agency of the state of Washington by
which the member is paid.
(12) "Fiscal year" means a year which begins July 1st
and ends June 30th of the following year.
(13) "Former state fund" means the state retirement fund
in operation for teachers under chapter 187, Laws of 1923, as
amended.
(14) "Local fund" means any of the local retirement
funds for teachers operated in any school district in accordance with the provisions of chapter 163, Laws of 1917 as
amended.
(15) "Member" means any teacher included in the membership of the retirement system. Also, any other employee
of the public schools who, on July 1, 1947, had not elected to
be exempt from membership and who, prior to that date, had
by an authorized payroll deduction, contributed to the member reserve.
(16) "Membership service" means service rendered subsequent to the first day of eligibility of a person to membership in the retirement system: PROVIDED, That where a
member is employed by two or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service is rendered.
The provisions of this subsection shall apply only to plan 1
members.
(17) "Pension" means the moneys payable per year during life from the pension reserve.
(18) "Pension reserve" is a fund in which shall be accumulated an actuarial reserve adequate to meet present and
future pension liabilities of the system and from which all
pension obligations are to be paid.
(19) "Prior service" means service rendered prior to the
first date of eligibility to membership in the retirement system for which credit is allowable. The provisions of this subsection shall apply only to plan 1 members.
(20) "Prior service contributions" means contributions
made by a member to secure credit for prior service. The provisions of this subsection shall apply only to plan 1 members.
(21) "Public school" means any institution or activity
operated by the state of Washington or any instrumentality or
political subdivision thereof employing teachers, except the
University of Washington and Washington State University.
(22) "Regular contributions" means the amounts
required to be deducted from the compensation of a member
and credited to the member's individual account in the member reserve. This subsection shall apply only to plan 1 members.
(23) "Regular interest" means such rate as the director
may determine.
(24)(a) "Retirement allowance" for plan 1 members,
means monthly payments based on the sum of annuity and
pension, or any optional benefits payable in lieu thereof.
(b) "Retirement allowance" for plan 2 and plan 3 members, means monthly payments to a retiree or beneficiary as
provided in this chapter.
(25) "Retirement system" means the Washington state
teachers' retirement system.
[Title 41 RCW—page 148]
(26)(a) "Service" for plan 1 members means the time
during which a member has been employed by an employer
for compensation.
(i) If a member is employed by two or more employers
the individual shall receive no more than one service credit
month during any calendar month in which multiple service
is rendered.
(ii) As authorized by RCW 28A.400.300, up to forty-five
days of sick leave may be creditable as service solely for the
purpose of determining eligibility to retire under RCW
41.32.470.
(iii) As authorized in RCW 41.32.065, service earned in
an out-of-state retirement system that covers teachers in public schools may be applied solely for the purpose of determining eligibility to retire under RCW 41.32.470.
(b) "Service" for plan 2 and plan 3 members, means periods of employment by a member for one or more employers
for which earnable compensation is earned subject to the following conditions:
(i) A member employed in an eligible position or as a
substitute shall receive one service credit month for each
month of September through August of the following year if
he or she earns earnable compensation for eight hundred ten
or more hours during that period and is employed during nine
of those months, except that a member may not receive credit
for any period prior to the member's employment in an eligible position except as provided in RCW 41.32.812 and
41.50.132;
(ii) If a member is employed either in an eligible position
or as a substitute teacher for nine months of the twelve month
period between September through August of the following
year but earns earnable compensation for less than eight hundred ten hours but for at least six hundred thirty hours, he or
she will receive one-half of a service credit month for each
month of the twelve month period;
(iii) All other members in an eligible position or as a substitute teacher shall receive service credit as follows:
(A) A service credit month is earned in those calendar
months where earnable compensation is earned for ninety or
more hours;
(B) A half-service credit month is earned in those calendar months where earnable compensation is earned for at
least seventy hours but less than ninety hours; and
(C) A quarter-service credit month is earned in those calendar months where earnable compensation is earned for less
than seventy hours.
(iv) Any person who is a member of the teachers' retirement system and who is elected or appointed to a state elective position may continue to be a member of the retirement
system and continue to receive a service credit month for
each of the months in a state elective position by making the
required member contributions.
(v) When an individual is employed by two or more
employers the individual shall only receive one month's service credit during any calendar month in which multiple service for ninety or more hours is rendered.
(vi) As authorized by RCW 28A.400.300, up to fortyfive days of sick leave may be creditable as service solely for
the purpose of determining eligibility to retire under RCW
41.32.470. For purposes of plan 2 and plan 3 "forty-five
days" as used in RCW 28A.400.300 is equal to two service
(2004 Ed.)
Teachers' Retirement
credit months. Use of less than forty-five days of sick leave
is creditable as allowed under this subsection as follows:
(A) Less than eleven days equals one-quarter service
credit month;
(B) Eleven or more days but less than twenty-two days
equals one-half service credit month;
(C) Twenty-two days equals one service credit month;
(D) More than twenty-two days but less than thirty-three
days equals one and one-quarter service credit month;
(E) Thirty-three or more days but less than forty-five
days equals one and one-half service credit month.
(vii) As authorized in RCW 41.32.065, service earned in
an out-of-state retirement system that covers teachers in public schools may be applied solely for the purpose of determining eligibility to retire under RCW 41.32.470.
(viii) The department shall adopt rules implementing this
subsection.
(27) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(28) "Service credit month" means a full service credit
month or an accumulation of partial service credit months
that are equal to one.
(29) "Teacher" means any person qualified to teach who
is engaged by a public school in an instructional, administrative, or supervisory capacity. The term includes state, educational service district, and school district superintendents and
their assistants and all employees certificated by the superintendent of public instruction; and in addition thereto any full
time school doctor who is employed by a public school and
renders service of an instructional or educational nature.
(30) "Average final compensation" for plan 2 and plan 3
members, means the member's average earnable compensation of the highest consecutive sixty service credit months
prior to such member's retirement, termination, or death.
Periods constituting authorized leaves of absence may not be
used in the calculation of average final compensation except
under RCW 41.32.810(2).
(31) "Retiree" means any person who has begun accruing a retirement allowance or other benefit provided by this
chapter resulting from service rendered to an employer while
a member.
(32) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(33) "Director" means the director of the department.
(34) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(35) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(36) "Substitute teacher" means:
(a) A teacher who is hired by an employer to work as a
temporary teacher, except for teachers who are annual contract employees of an employer and are guaranteed a minimum number of hours; or
(b) Teachers who either (i) work in ineligible positions
for more than one employer or (ii) work in an ineligible position or positions together with an eligible position.
(37)(a) "Eligible position" for plan 2 members from June
7, 1990, through September 1, 1991, means a position which
normally requires two or more uninterrupted months of cred(2004 Ed.)
41.32.010
itable service during September through August of the following year.
(b) "Eligible position" for plan 2 and plan 3 on and after
September 1, 1991, means a position that, as defined by the
employer, normally requires five or more months of at least
seventy hours of earnable compensation during September
through August of the following year.
(c) For purposes of this chapter an employer shall not
define "position" in such a manner that an employee's
monthly work for that employer is divided into more than one
position.
(d) The elected position of the superintendent of public
instruction is an eligible position.
(38) "Plan 1" means the teachers' retirement system, plan
1 providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.
(39) "Plan 2" means the teachers' retirement system, plan
2 providing the benefits and funding provisions covering persons who first became members of the system on and after
October 1, 1977, and prior to July 1, 1996.
(40) "Plan 3" means the teachers' retirement system, plan
3 providing the benefits and funding provisions covering persons who first become members of the system on and after
July 1, 1996, or who transfer under RCW 41.32.817.
(41) "Index" means, for any calendar year, that year's
annual average consumer price index, Seattle, Washington
area, for urban wage earners and clerical workers, all items
compiled by the bureau of labor statistics, United States
department of labor.
(42) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(43) "Index B" means the index for the year prior to
index A.
(44) "Index year" means the earliest calendar year in
which the index is more than sixty percent of index A.
(45) "Adjustment ratio" means the value of index A
divided by index B.
(46) "Annual increase" means, initially, fifty-nine cents
per month per year of service which amount shall be
increased each July 1st by three percent, rounded to the nearest cent.
(47) "Member account" or "member's account" for purposes of plan 3 means the sum of the contributions and earnings on behalf of the member in the defined contribution portion of plan 3.
(48) "Separation from service or employment" occurs
when a person has terminated all employment with an
employer.
(49) "Employed" or "employee" means a person who is
providing services for compensation to an employer, unless
the person is free from the employer's direction and control
over the performance of work. The department shall adopt
rules and interpret this subsection consistent with common
law. [2003 c 31 § 1; 1997 c 254 § 3; 1996 c 39 § 1. Prior:
1995 c 345 § 9; 1995 c 239 § 102; prior: 1994 c 298 § 3; 1994
c 247 § 2; 1994 c 197 § 12; 1993 c 95 § 7; prior: 1992 c 212
§ 1; 1992 c 3 § 3; prior: 1991 c 343 § 3; 1991 c 35 § 31; 1990
c 274 § 2; 1987 c 265 § 1; 1985 c 13 § 6; prior: 1984 c 256 §
1; 1984 c 5 § 1; 1983 c 5 § 1; 1982 1st ex.s. c 52 § 6; 1981 c
256 § 5; 1979 ex.s. c 249 § 5; 1977 ex.s. c 293 § 18; 1975 1st
[Title 41 RCW—page 149]
41.32.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
ex.s. c 275 § 149; 1974 ex.s. c 199 § 1; 1969 ex.s. c 176 § 95;
1967 c 50 § 11; 1965 ex.s. c 81 § 1; 1963 ex.s. c 14 § 1; 1955
c 274 § 1; 1947 c 80 § 1; Rem. Supp. 1947 § 4995-20; prior:
1941 c 97 § 1; 1939 c 86 § 1; 1937 c 221 § 1; 1931 c 115 § 1;
1923 c 187 § 1; 1917 c 163 § 1; Rem. Supp. 1941 § 4995-1.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Effective dates—1996 c 39: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1996,
with the exception of section 23 of this act, which shall take effect immediately [March 13, 1996]." [1996 c 39 § 25.]
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Intent—1994 c 298: See note following RCW 41.40.010.
Effective date—1994 c 247: See note following RCW 41.32.4991.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Retroactive application—Effective date—1993 c 95: See notes following RCW 41.40.175.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—1990 c 274: "(1) The current system for calculating service
credit for school district employees is difficult and costly to administer. By
changing from the current hours per month calculation to an hours per year
calculation, the accumulation of service credit by school district employees
will be easier to understand and to administer.
(2) The current system for granting service credit for substitute teachers is difficult and costly to administer. By notifying substitute teachers of
their eligibility for service credit and allowing the substitute teacher to apply
for service credit, the accumulation of service credit by substitute teachers
will be easier to understand and to administer.
(3) Currently, temporary employees in eligible positions in the public
employees' retirement system are exempted from membership in the system
for up to six months. If the position lasts for longer than six months the
employee is made a member retroactively. This conditional exemption
causes tracking problems for the department of retirement systems and
places a heavy financial burden for back contributions on a temporary
employee who crosses the six-month barrier. Under the provisions of this act
all persons, other than retirees, who are hired in an eligible position will
become members immediately, thereby alleviating the problems described in
this section.
(4) The legislature finds that retirees from the plan 2 systems of the law
enforcement officers' and fire fighters' retirement system, the teachers' retirement system, and the public employees' retirement system, may not work for
a nonfederal public employer without suffering a suspension of their retirement benefits. This fails to recognize the current and projected demographics indicating the decreasing work force and that the expertise possessed by
retired workers can provide a substantial benefit to the state. At the same
time, the legislature recognizes that a person who is working full time should
have his or her pension delayed until he or she enters full or partial retirement. By allowing plan 2 retirees to work in ineligible positions, the competing concerns listed above are both properly addressed." [1990 c 274 § 1.]
Intent—Reservation—1990 c 274 §§ 2, 4: "(1) The 1990 amendments
to RCW 41.32.010(27)(b) and 41.40.450 are intended by the legislature to
effect administrative, rather than substantive, changes to the affected retirement plan. The legislature therefore reserves the right to revoke or amend
the 1990 amendments to RCW 41.32.010(27)(b) and 41.40.450. No member
is entitled to have his or her service credit calculated under the 1990 amendments to RCW 41.32.010(27)(b) and 41.40.450 as a matter of contractual
right.
(2) The department's retroactive application of the changes made in
RCW 41.32.010(27)(b) to all service rendered between October 1, 1977, and
August 31, 1990, is consistent with the legislative intent of the 1990 changes
to RCW 41.32.010(27)(b)." [1994 c 177 § 10; 1990 c 274 § 18.]
[Title 41 RCW—page 150]
Effective date—1990 c 274: "Sections 1 through 8 of this act shall take
effect September 1, 1990." [1990 c 274 § 21.]
Construction—1990 c 274: "This act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the
sections amended or repealed in this act or under any rule or order adopted
under those sections, nor as affecting any proceeding instituted under those
sections." [1990 c 274 § 17.]
Purpose—Application—Retrospective application—1985 c 13: See
notes following RCW 41.04.445.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Purpose—Severability—1981 c 256: See notes following RCW
41.26.030.
Effective date—Severability—1977 ex.s. c 293: See notes following
RCW 41.32.755.
Emergency—1974 ex.s. c 199: "This 1974 amendatory act is necessary
for the immediate preservation of the public peace, health and safety, the
support of the state government and its existing public institutions, and shall
take effect immediately." [1974 ex.s. c 199 § 7.]
Severability—1974 ex.s. c 199: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 199 § 8.]
Construction—1974 ex.s. c 199: "(1) Subsection (3) of section 4 of
this 1974 amendatory act relating to elected and appointed officials shall be
retroactive to January 1, 1973.
(2) Amendatory language contained in subsection (11) of section 1
relating to members as members of the legislature and in provisos (2) and (3)
of section 2 of this 1974 amendatory act shall only apply to those members
who are serving as a state senator, state representative or state superintendent
of public instruction on or after the effective date of this 1974 amendatory
act.
(3) Notwithstanding any other provision of this 1974 amendatory act,
RCW 41.32.497 as last amended by section 2, chapter 189, Laws of 1973 1st
ex. sess. shall be applicable to any member serving as a state senator, state
representative or superintendent of public instruction on the effective date of
this 1974 amendatory act." [1974 ex.s. c 199 § 5.]
Reviser's note: (1) "Subsection (3) of section 4 of this 1974 amendatory act" is codified as RCW 41.32.498(3).
(2) Sections 1 and 2 of 1974 ex.s. c 199 consist of amendments to RCW
41.32.010 and 41.32.260. For amendatory language, a portion of which was
vetoed, see the 1973-1974 session laws.
(3) "this 1974 amendatory act" [1974 ex.s. c 199] is codified in RCW
41.32.010, 41.32.260, 41.32.497, 41.32.498, and 41.32.4945. The effective
date of 1974 ex.s. c 199 is May 6, 1974.
Effective date—1969 ex.s. c 176: The effective date of the amendments to this section and RCW 41.32.420 is April 25, 1969.
Effective date—1967 c 50: "This 1967 amendatory act shall take effect
on July 1, 1967." [1967 c 50 § 12.]
Severability—1967 c 50: "If any provision of this 1967 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of this 1967 amendatory act, or the application of the provision to
other persons or circumstances is not affected." [1967 c 50 § 13.]
Severability—1965 ex.s. c 81: "If any provision of this act is held to be
invalid the remainder of this act shall not be affected." [1965 ex.s. c 81 § 9.]
Effective date—1965 ex.s. c 81: "The effective date of this act is July
1, 1965." [1965 ex.s. c 81 § 10.]
Savings—1963 ex.s. c 14: "The amendment of any section by this 1963
act shall not be construed as impairing any existing right acquired or any liability incurred by any member under the provisions of the section amended;
nor shall it affect any vested right of any former member who reenters public
school employment or becomes reinstated as a member subsequent to the
effective date of such act." [1963 ex.s. c 14 § 23.]
Severability—1963 ex.s. c 14: "If any provision of this act is held to be
invalid the remainder of the act shall not be affected." [1963 ex.s. c 14 § 24.]
Effective date—1963 ex.s. c 14: "The effective date of this act is July
1, 1964." [1963 ex.s. c 14 § 26.]
(2004 Ed.)
Teachers' Retirement
41.32.013
41.32.013 Substitute teachers—Application for service credit—Procedures. Substitute teachers may apply to
the department to receive service credit or credit for earnable
compensation or both after the end of the last day of instruction of the school year during which the service was performed.
(1) The application must:
(a) Include a list of the employers the substitute teacher
has worked for;
(b) Include proof of hours worked and compensation
earned; and
(c) Be made prior to retirement.
(2) If the department accepts the substitute teacher's
application for service credit, the substitute teacher may
obtain service credit by paying the required contribution to
the retirement system. The employer must pay the required
employer contribution upon notice from the department that
the substitute teacher has made contributions under this section.
(3) The department shall charge interest prospectively on
employee contributions that are submitted under this section
more than six months after the end of the school year, as
defined in RCW 28A.150.040, for which the substitute
teacher is seeking service credit. The interest rate charged to
the employee shall take into account interest lost on employer
contributions delayed for more than six months after the end
of the school year.
(4) Each employer shall quarterly notify each substitute
teacher it has employed during the school year of the number
of hours worked by, and the compensation paid to, the substitute teacher.
(5) The department shall adopt rules implementing this
section.
(6) If a substitute teacher as defined in RCW
41.32.010(36)(b)(ii) applies to the department under this section for credit for earnable compensation earned from an
employer the substitute teacher must make contributions for
all periods of service for that employer. [1992 c 212 § 16;
1991 c 343 § 4; 1990 c 274 § 5.]
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Findings—Effective date—Construction—1990 c 274: See notes following RCW 41.32.010.
41.32.016
41.32.016 Contingent application of chapter to charter schools. (Effective unless Referendum Measure No. 55
is approved at the November 2004 general election.) This
section designates charter schools as employers and charter
school employees as members, and applies only if the department of retirement systems receives determinations from the
internal revenue service and the United States department of
labor that participation does not jeopardize the status of these
retirement systems as governmental plans under the federal
employees' retirement income security act and the internal
revenue code. [2004 c 22 § 21.]
Severability—2004 c 22: See RCW 28A.208.901.
41.32.032
and all of its cash, securities and other property held. [1947 c
80 § 2; Rem. Supp. 1947 § 4995-21. Prior: 1937 c 221 § 2;
Rem. Supp. 1941 § 4995-2.]
41.32.025 Department's power to determine eligibility. The department is empowered within the limits of this
chapter and, with regard to restoration of service credit under
RCW 41.50.165(2), to decide on all questions of eligibility
covering membership, service credit, and benefits. [1994 c
197 § 13; 1991 c 35 § 35; 1955 c 274 § 3; 1947 c 80 § 16;
Rem. Supp. 1947 § 4995-35. Prior: 1941 c 97 § 2, part; 1937
c 221 § 3, part; Rem. Supp. 1941 § 4995-3, part. Formerly
RCW 41.32.160.]
41.32.025
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
41.32.032 Membership in system—Service credit of
educational staff associates. (1) Any teacher, as defined
under RCW 41.32.010, who is first employed by a public
school on or after June 7, 1984, shall become a member of the
retirement system if otherwise eligible.
(2) Any person who before June 7, 1984, has established
service credit under chapter 41.40 RCW while employed in
an educational staff associate position and who is employed
in such a position on or after June 7, 1984, has the following
options:
(a) To remain a member of the public employees' retirement system notwithstanding the provisions of RCW
41.32.240 or 41.32.780; or
(b) To irrevocably elect to join the retirement system
under this chapter and to receive service credit for previous
periods of employment in any position included under RCW
41.32.010. This service credit and corresponding employee
contribution shall be computed as though the person had then
been a member of the retirement system under this chapter.
All employee contributions credited to a member under chapter 41.40 RCW for service now to be credited to the retirement system under this chapter shall be transferred to the system and the member shall not receive any credit nor enjoy
any rights under chapter 41.40 RCW for those periods of service. The member shall pay any difference between the
employee contributions made under chapter 41.40 RCW and
transferred under this subsection and what would have been
required under this chapter, including interest as set by the
director. The member shall be given until July 1, 1989, to
make the irrevocable election permitted under this section.
The election shall be made by submitting written notification
as required by the department requesting credit under this
section and by remitting any necessary proof of service or
payments within the time set by the department.
Any person, not employed as an educational staff associate on June 7, 1984, may, before June 30 of the fifth school
year after that person's return to employment as a teacher,
request and establish membership and credit under this subsection. [1995 c 239 § 103; 1992 c 212 § 17; 1991 c 35 § 39;
1984 c 256 § 2. Formerly RCW 41.32.242.]
41.32.032
41.32.020
41.32.020 Name of system. The name of the retirement
system provided for in this chapter shall be the "Washington
State Teachers' Retirement System" and by this name all of
its business shall be transacted and all of its funds invested
(2004 Ed.)
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Intent—1991 c 35: See note following RCW 41.26.005.
[Title 41 RCW—page 151]
41.32.035
Title 41 RCW: Public Employment, Civil Service, and Pensions
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.035
41.32.035 Employer contribution rates—Computation and payment. The amount paid by each employer shall
be computed by applying the rates established under chapter
41.45 RCW to the total earnable compensation of the
employer's members as shown on the current payrolls of the
employer. The employer's contribution shall be paid at the
end of each month in the amount due for that month, except
as provided in RCW 41.32.013. [1990 c 274 § 8; 1989 c 273
§ 18; 1984 c 236 § 3. Formerly RCW 41.32.403.]
Findings—Effective date—Construction—1990 c 274: See notes following RCW 41.32.010.
Severability—1989 c 273: See RCW 41.45.900.
Effective date—1984 c 236: "This act shall take effect September 1,
1985. However, rules necessary for the implementation of this act may be
promulgated by appropriate state agencies prior to the effective date." [1984
c 236 § 6.]
Severability—1984 c 236: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 236 § 5.]
41.32.042
41.32.042 Validity of deductions—Interest. The
deductions from salaries of members of the retirement system
for their contributions to the system are not considered diminution of pay and every member is conclusively presumed to
consent thereto as a condition of employment. All contributions to the member reserve shall be credited to the individual
for whose account the deductions from salary were made.
Regular interest shall be credited to each member's account at
least annually. [1992 c 212 § 9; 1982 1st ex.s. c 52 § 13; 1947
c 80 § 46; Rem. Supp. 1947 § 4995-65. Prior: 1941 c 97 § 5,
part; 1939 c 86 § 5, part; 1937 c 221 § 6, part; Rem. Supp.
1941 § 4995-6, part. Formerly RCW 41.32.460.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
41.32.044
41.32.044 Retired teacher may reenter system—Benefit limitations. A retired teacher upon returning to service
in the public schools of Washington may elect to again
become a member of the retirement system: PROVIDED,
That if such a retired teacher elects to be restored to membership he must establish two full years of service credit before
he will be eligible to retire under the provision of a formula
other than the one in effect at the time of his previous retirement: PROVIDED FURTHER, That where any such right to
again retire is exercised to become effective before a member
has established two full years of service credit he may elect to
retire only under the provisions of the formula in effect at the
time of his previous retirement: AND PROVIDED FURTHER, That this section shall not apply to any individual
who has returned to service and is presently in service on *the
effective date of this 1973 amendatory act. [1973 2nd ex.s. c
32 § 5; 1947 c 80 § 58; Rem. Supp. 1947 § 4995-77. Formerly RCW 41.32.580.]
*Reviser's note: "the effective date of this 1973 amendatory act,"
because of the emergency clause footnoted to RCW 41.32.310, is September
27, 1973, the date of approval by the governor.
Emergency—Severability—1973 2nd ex.s. c 32: See notes following
RCW 41.32.310.
[Title 41 RCW—page 152]
41.32.052
41.32.052 Exemption from taxation and judicial process—Exceptions—Nonassignability—Deductions authorized. (1) Subject to subsections (2) and (3) of this section,
the right of a person to a pension, an annuity, a retirement
allowance, or disability allowance, to the return of contributions, any optional benefit or death benefit, any other right
accrued or accruing to any person under the provisions of this
chapter and the moneys in the various funds created by this
chapter shall be unassignable, and are hereby exempt from
any state, county, municipal or other local tax, and shall not
be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or other process of law
whatsoever.
(2) This section shall not be deemed to prohibit a beneficiary of a retirement allowance who is eligible:
(a) Under RCW 41.05.080 from authorizing monthly
deductions therefrom for payment of premiums due on any
group insurance policy or plan issued for the benefit of a
group comprised of public employees of the state of Washington or its political subdivisions;
(b) Under a group health care benefit plan approved pursuant to RCW 28A.400.350 or 41.05.065 from authorizing
monthly deductions therefrom, of the amount or amounts of
subscription payments, premiums, or contributions to any
person, firm, or corporation furnishing or providing medical,
surgical, and hospital care or other health care insurance; or
(c) Under this system from authorizing monthly deductions therefrom for payment of dues and other membership
fees to any retirement association composed of retired teachers and/or public employees pursuant to a written agreement
between the director and the retirement association.
Deductions under (a) and (b) of this subsection shall be
made in accordance with rules that may be adopted by the
director.
(3) Subsection (1) of this section shall not prohibit the
department from complying with (a) a wage assignment
order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant to
chapter 74.20A RCW, (c) a notice of payroll deduction
issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order
directing the department of retirement systems to pay benefits directly to an obligee under a dissolution order as defined
in RCW 41.50.500(3) which fully complies with RCW
41.50.670 and 41.50.700, or (f) any administrative or court
order expressly authorized by federal law. [1991 c 365 § 21;
1991 c 35 § 63; 1989 c 360 § 25; 1987 c 326 § 23; 1982 c 135
§ 1; 1981 c 294 § 13; 1979 ex.s. c 205 § 5; 1971 c 63 § 1;
1961 c 132 § 5; 1947 c 80 § 59; Rem. Supp. 1947 § 4995-78.
Prior: 1937 c 22 § 9; 1917 c 163 § 19. Formerly RCW
41.32.590.]
Reviser's note: This section was amended by 1991 c 35 § 63 and by
1991 c 365 § 21, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1991 c 365: See note following RCW 41.50.500.
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—1987 c 326: See RCW 41.50.901.
Severability—1981 c 294: See note following RCW 41.26.115.
Effective date—1961 c 132: See note following RCW 41.32.240.
(2004 Ed.)
Teachers' Retirement
41.32.053
41.32.053 Death benefit—Course of employment. (1)
A one hundred fifty thousand dollar death benefit shall be
paid to the member's estate, or such person or persons, trust
or organization as the member has nominated by written designation duly executed and filed with the department. If no
such designated person or persons are still living at the time
of the member's death, the member's death benefit shall be
paid to the member's surviving spouse as if in fact the spouse
had been nominated by written designation, or if there is no
surviving spouse, then to the member's legal representatives.
(2) The benefit under this section shall be paid only
where death occurs as a result of injuries sustained in the
course of employment. The determination of eligibility for
the benefit shall be made consistent with Title 51 RCW by
the department of labor and industries. The department of
labor and industries shall notify the department of retirement
systems by order under RCW 51.52.050. [2003 c 402 § 2.]
41.32.054
41.32.054 Disability retirement—Criminal conduct.
A member shall not receive a disability retirement benefit
under RCW 41.32.540, 41.32.550, 41.32.790, or 41.32.880 if
the disability is the result of criminal conduct by the member
committed after April 21, 1997. [1997 c 103 § 2.]
Severability—Effective date—1997 c 103: See notes following RCW
41.26.061.
41.32.240
(3) Restore service credit represented by a lump sum
payment in lieu of benefits, before the deadline established
by statute, may do so under the conditions set forth in RCW
41.50.165. [1998 c 17 § 2.]
41.32.065
41.32.065 Election to use out-of-state service credit to
calculate time at which the member may retire. A member may elect under this section to apply service credit earned
in an out-of-state retirement system that covers teachers in
public schools solely for the purpose of determining the time
at which the member may retire. The benefit shall be actuarially reduced to recognize the difference between the age a
member would have first been able to retire based on service
in the state of Washington and the member's retirement age.
[1991 c 278 § 1.]
41.32.067
41.32.067 Purchase of additional benefits—Conditions. A member may purchase additional benefits subject to
the following:
(1) The member shall pay all reasonable administrative
and clerical costs; and
(2) The member shall make a member reserve contribution to be actuarially converted to a monthly benefit at the
time of retirement. [1992 c 212 § 13; 1991 c 278 § 2.]
"PLAN 1"
41.32.055
41.32.055 Falsification—Penalty. Any person who
shall knowingly make false statements or shall falsify or permit to be falsified any record or records of the retirement system in any attempt to defraud such system as a result of such
act, is guilty of a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 218; 1947 c 80 § 67; Rem.
Supp. 1947 § 4995-86. Prior: 1937 c 221 § 10. Formerly
RCW 41.32.670.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
41.32.062
41.32.062 Effect of certain accumulated vacation
leave on retirement benefits. RCW 43.01.044 shall not
result in any increase in retirement benefits. The rights
extended to state officers and employees under RCW
43.01.044 are not intended to and shall not have any effect on
retirement benefits under this chapter. [1983 c 283 § 3. Formerly RCW 41.32.850.]
41.32.063
41.32.063 Benefit calculation—Limitation. (1) The
annual compensation taken into account in calculating retiree
benefits under this system shall not exceed the limits imposed
by section 401(a)(17) of the federal internal revenue code for
qualified trusts.
(2) The department shall adopt rules as necessary to
implement this section. [1995 c 145 § 2.]
41.32.064
41.32.064 Establishing, restoring service credit. Notwithstanding any provision to the contrary, persons who fail
to:
(1) Establish allowable membership service not previously credited;
(2) Restore all or a part of that previously credited membership service represented by withdrawn contributions; or
(2004 Ed.)
41.32.215
41.32.215 Provisions applicable to plan 1. RCW
41.32.240 through *41.32.575 shall apply only to members
of plan 1. [1992 c 72 § 5; 1991 c 35 § 103.]
*Reviser's note: RCW 41.32.575 was repealed by 1995 c 345 § 11.
Intent—1991 c 35: See note following RCW 41.26.005.
41.32.240
41.32.240 Membership in system. (1) All teachers
employed full time in the public schools shall be members of
the system except alien teachers who have been granted a
temporary permit to teach as exchange teachers.
(2) A minimum of ninety days or the equivalent of ninety
days of employment during a fiscal year shall be required to
establish membership. A teacher shall be considered as
employed full time if serving regularly for four-fifths or more
of a school day or if assigned to duties which are the equivalent of four-fifths or more of a full time assignment. A teacher
who is employed for less than full time service may become
a member by filing an application with the retirement system,
submitting satisfactory proof of teaching service and making
the necessary payment before June 30 of the school year
immediately following the one during which the service was
rendered.
(3) After June 30th of the school year immediately following the one during which the less than full-time service
was rendered, the necessary payment may be made under
RCW 41.50.165(2). [1994 c 197 § 14; 1991 c 35 § 38; 1979
ex.s. c 45 § 3; 1965 ex.s. c 81 § 3; 1963 ex.s. c 14 § 4; 1961 c
132 § 1; 1955 c 274 § 7; 1947 c 80 § 24; Rem. Supp. 1947 §
4995-43. Prior: 1941 c 97 § 3, part; 1939 c 86 § 2, part; 1937
c 221 § 4, part; 1931 c 115 § 3, part; 1923 c 187 § 10, part;
Rem. Supp. 1941 § 4995-4, part.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
[Title 41 RCW—page 153]
41.32.260
Title 41 RCW: Public Employment, Civil Service, and Pensions
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—1979 ex.s. c 45: See note following RCW 41.26.040.
Severability—Effective date—1965 ex.s. c 81: See notes following
RCW 41.32.010.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
Effective date—1961 c 132: "The provisions of this act shall be effective July 1, 1961." [1961 c 132 § 8.]
Eligibility for retirement allowance: RCW 41.32.470.
41.32.260
41.32.260 Credit for military service or as state legislator. Any member whose public school service is interrupted by active service to the United States as a member of
its military, naval or air service, or to the state of Washington,
as a member of the legislature, may upon becoming reemployed in the public schools, receive credit for that service
upon presenting satisfactory proof, and contributing to the
member reserve, either in a lump sum or installments,
amounts determined by the director. Except that no military
service credit in excess of five years shall be established or
reestablished after July 1, 1961, unless the service was actually rendered during time of war. [1992 c 212 § 8; 1991 c 35
§ 40; 1974 ex.s. c 199 § 2; 1973 1st ex.s. c 189 § 1; 1971 ex.s.
c 271 § 1; 1967 c 50 § 2; 1961 c 132 § 2; 1955 c 274 § 8; 1947
c 80 § 26; Rem. Supp. 1947 § 4995-45. Prior: 1941 c 97 § 4,
part; 1939 c 86 § 4, part; 1937 c 221 § 1, part; Rem. Supp.
1941 § 4995-5, part.]
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—Severability—1974 ex.s. c 199: See notes following
RCW 41.32.010.
Construction—1974 ex.s. c 199: See note following RCW 41.32.010.
Severability—1973 1st ex.s. c 189: See note following RCW
41.32.215.
an elected or appointed official, for which he or she did not
contribute to the retirement system, may receive credit for
such legislative service unless he or she has received credit
for that service in another state retirement system, upon making contributions in such amounts as shall be determined by
the board of trustees. [1991 c 35 § 41.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.32.267
41.32.267 Service credit for paid leave of absence—
Application to elected officials of labor organizations. (1)
A member who is on a paid leave of absence authorized by a
member's employer shall continue to receive service credit as
provided under the provisions of RCW 41.32.240 through
*41.32.575.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member's
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The earnable compensation reported for a member who establishes
service credit under this subsection may not be greater than
the salary paid to the highest paid job class covered by the
collective bargaining agreement. [1993 c 95 § 5.]
*Reviser's note: RCW 41.32.575 was repealed by 1995 c 345 § 11.
Retroactive application—Effective date—1993 c 95: See notes following RCW 41.40.175.
41.32.270
Parts of sections retroactive—1973 1st ex.s. c 189: See note following RCW 41.32.498.
Severability—1971 ex.s. c 271: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 271 § 17.]
Effective date—Severability—1967 c 50: See notes following RCW
41.32.010.
Effective date—1961 c 132: See note following RCW 41.32.240.
Members' retirement contributions—Payment by employer: RCW
41.04.445.
41.32.263
41.32.263 State legislators and state officials eligible
for retirement benefits. A member of the retirement system
who is a member of the state legislature or a state official eligible for the combined pension and annuity provided by
RCW 41.32.497, or 41.32.498, as now or hereafter amended
shall have deductions taken from his or her salary in the
amount of seven and one-half percent of earnable compensation and that service credit shall be established with the retirement system while such deductions are reported to the retirement system, unless he or she has by reason of his or her
employment become a contributing member of another public retirement system in the state of Washington. Such elected
official who has retired or otherwise terminated his or her
public school service may then elect to terminate his or her
membership in the retirement system and receive retirement
benefits while continuing to serve as an elected official. A
member of the retirement system who had previous service as
[Title 41 RCW—page 154]
41.32.270 Teaching service, how credited. Service
rendered for four-fifths or more of the official school year of
the school district or institution in which a teacher is
employed shall be credited as a year's service regardless of
the length of the school term, but in no case shall more than
one year of service be creditable for service rendered in one
fiscal year. Service rendered for less than four-fifths of the
official school year shall be credited for that portion of the
school year for which it was rendered: PROVIDED, That no
service of less than twenty days in any school year shall be
creditable. [1947 c 80 § 27; Rem. Supp. 1947 § 4995-46.
Prior: 1941 c 97 § 4, part; 1939 c 86 § 4, part; 1937 c 221 §
5, part; Rem. Supp. 1941 § 4995-5, part.]
41.32.300
41.32.300 Limitation on credit for out-of-state service. (1) Henceforth a total of not more than four years of
service outside of the state shall be credited to a member who
establishes or reestablishes credit for out-of-state public
school employment in this state subsequent to July 1, 1961.
Foreign public school teaching service shall be creditable as
out-of-state service.
(2) No out-of-state service credit shall be established or
reestablished subsequent to July 1, 1964, except that a member who has been granted official leave of absence by his or
her employer may, upon return to public school service in
this state, establish out-of-state membership service credit,
within the limitations of this section and conditioned upon
satisfactory proof and upon contributions to the member
(2004 Ed.)
Teachers' Retirement
reserve, for public school service rendered in another state or
in another country.
(3) No member who establishes out-of-state service
credit after July 1, 1947, shall at retirement for pension payment purposes be allowed credit for out-of-state service in
excess of the number of years credit which he or she shall
have earned in the public schools of the state of Washington.
[1992 c 212 § 14; 1991 c 35 § 42; 1963 ex.s. c 14 § 5; 1961 c
132 § 7; 1955 c 274 § 11; 1947 c 80 § 30; Rem. Supp. 1947 §
4995-49.]
Intent—1991 c 35: See note following RCW 41.26.005.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
Effective date—1961 c 132: See note following RCW 41.32.240.
41.32.310
41.32.310 Time limit for claiming service credit—
Payments. (1) Any member desiring to establish credit for
services previously rendered, must present proof and make
the necessary payments on or before June 30 of the fifth
school year of membership. Payments covering all types of
membership service credit must be made in a lump sum when
due, or in annual installments. The first annual installment of
at least twenty percent of the amount due must be paid before
the above deadline date, and the final payment must be made
by June 30th of the fourth school year following that in which
the first installment was made. The amount of payment and
the interest thereon, whether lump sum or installments, shall
be made by a method and in an amount established by the
department.
(2) A member who had the opportunity under chapter
41.32 RCW prior to July 1, 1969, to establish credit for active
United States military service or credit for professional preparation and failed to do so shall be permitted to establish
additional credit within the provisions of RCW 41.32.260
and 41.32.330. A member who was not permitted to establish
credit pursuant to section 2, chapter 32, Laws of 1973 2nd ex.
sess., for Washington teaching service previously rendered,
must present proof and make the necessary payment to establish such credit as membership service credit. Payment for
such credit must be made in a lump sum on or before June 30,
1974. Any member desiring to establish credit under the provisions of this subsection must present proof and make the
necessary payment before June 30, 1974; or, if not employed
on the effective date of this amendment, before June 30th of
the fifth school year upon returning to public school employment in this state.
(3) After June 30th of the fifth school year of membership, any member desiring to establish credit for services previously rendered, must present proof and make the necessary
payments under RCW 41.50.165(2) but prior to retirement.
[1994 c 197 § 15; 1992 c 72 § 6. Prior: 1991 c 35 § 43; 1974
ex.s. c 193 § 1; 1973 2nd ex.s. c 32 § 2; 1969 ex.s. c 150 § 9;
1965 ex.s. c 81 § 8; 1955 c 274 § 12; 1947 c 80 § 31; Rem.
Supp. 1947 § 4995-50.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—1974 ex.s. c 193: "This amendatory act is necessary for
the immediate preservation of the public peace, health and safety, the support
of the state government and its existing public institutions, and shall take
effect immediately." [1974 ex.s. c 193 § 10.]
(2004 Ed.)
41.32.345
Severability—1974 ex.s. c 193: "If any provision of this amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 193 § 9.]
Emergency—1973 2nd ex.s. c 32: "This 1973 amendatory act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect immediately." [1973 2nd ex.s. c 32 § 7.]
Severability—1973 2nd ex.s. c 32: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 2nd ex.s. c 32 § 6.]
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.
41.32.330
41.32.330 Credit for professional preparation subsequent to becoming teacher. The department may allow
credit for professional preparation to a member for attendance at institutions of higher learning, or for a scholarship or
grant under an established foundation, subsequent to becoming a public school teacher; but not more than two years of
such credit may be granted to any member. [1991 c 35 § 44;
1969 ex.s. c 150 § 10; 1955 c 274 § 14; 1947 c 80 § 33; Rem.
Supp. 1947 § 4995-52.]
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.
41.32.340
41.32.340 Creditable service, what to consist of.
Creditable service of a member at retirement shall consist of
the membership service rendered for which credit has been
allowed, and also, if a prior service certificate is in full force
and effect, the amount of the service certified on the prior service certificate. No pension payments shall be made for service credits established or reestablished after July 1, 1955, if
such credits entitle the member to retirement benefits from
any other public state or local retirement system or fund. No
pension payments shall be made for service credits established or reestablished after July 1, 1961, if such credits entitle the member to retirement benefits from a public federal
retirement system or fund for services rendered under a civilian program: PROVIDED, That no pension payments shall
be made for service credits established or reestablished after
July 1, 1969, if credit for the same service is retained for benefits under any other retirement system or fund. [1991 c 35 §
45; 1969 ex.s. c 150 § 11; 1961 c 132 § 3; 1955 c 274 § 15;
1947 c 80 § 34; Rem. Supp. 1947 § 4995-53. Prior: 1941 c 97
§ 4, part; 1939 c 86 § 4, part; 1937 c 221 § 5, part; Rem. Supp.
1941 § 4995-5, part.]
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.
41.32.345
41.32.345 "Earnable compensation" defined for certain part-time employees—Adoption of rules. (1) Subject
to the limitations contained in this section, for the purposes of
*RCW 41.32.010(10)(a)(ii), earnable compensation means
the compensation the member would have received in the
same position if employed on a regular full-time basis for the
same contract period.
(2) In order to ensure that the benefit provided by this
section is not used to unfairly inflate a member's retirement
allowance, the department shall adopt rules having the force
of law to govern the application of this section.
[Title 41 RCW—page 155]
41.32.350
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3)(a) In adopting rules which apply to a member
employed by a school district, the department may consult
the district's salary schedule and related workload provisions,
if any, adopted pursuant to RCW 28A.405.200. The rules
may require that, in order to be eligible for this benefit, a
member's position must either be included on the district's
schedule, or the position must have duties, responsibilities,
and method of pay which are similar to those found on the
district's schedule.
(b) In adopting rules which apply to a member employed
by a community college district, the department may consult
the district's salary schedule and workload provisions contained in an agreement negotiated pursuant to chapter 28B.52
RCW, or similar documents. The rules may require that, in
order to be eligible for this benefit, a member's position must
either be included on the district's agreement, or the position
must have duties, responsibilities, and method of pay which
are similar to those found on the district's agreement. The
maximum full-time work week used in calculating the benefit
for community college employees paid on an hourly rate
shall in no case exceed fifteen credit hours, twenty classroom
contact hours, or thirty-five assigned hours.
(4) If the legislature amends or revokes the benefit provided by this section, no affected employee who thereafter
retires is entitled to receive the benefit as a matter of contractual right. [1992 c 212 § 18; 1990 c 33 § 570; 1987 c 265 §
2. Formerly RCW 41.32.011.]
*Reviser's note: RCW 41.32.010 was amended by 1994 c 298 § 3,
changing subsection (10)(a)(ii) to subsection (10)(a)(iii). RCW 41.32.010
was subsequently amended by 2003 c 31 § 1, changing subsection
(10)(a)(iii) to subsection (10)(a)(iv).
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
41.32.350 Purchase of additional annuity. A member
may make an additional lump sum payment at date of retirement, not to exceed the member's accumulated contributions,
to purchase additional annuity. A contribution of six percent
of earnable compensation is required from each member,
except as provided under RCW 41.32.013. [1991 c 35 § 46;
1990 c 274 § 7; 1973 1st ex.s. c 189 § 6; 1963 ex.s. c 14 § 7;
1955 c 274 § 16; 1947 c 80 § 35; Rem. Supp. 1947 § 4995-54.
Prior: 1941 c 97 § 5, part; 1939 c 86 § 5, part; 1937 c 221 §
6, part; 1931 c 115 § 4, part; 1923 c 115 § 11, part; 1917 c 163
§ 10, part; Rem. Supp. 1941 § 4995-6, part.]
41.32.350
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—Effective date—Construction—1990 c 274: See notes following RCW 41.32.010.
Severability—1973 1st ex.s. c 189: See note following RCW
41.50.215.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
Members' retirement contributions—Payment by employer: RCW
41.04.445.
41.32.360 Basis of contributions to disability reserve
fund. For each year of employment, each member who is
employed on a full time basis shall have transferred from his
or her contributions a sum determined by the director, in
accordance with the recommendations of the state actuary, to
maintain a fund sufficient, with regular interest, to provide
temporary disability benefits for the members whose claims
41.32.360
[Title 41 RCW—page 156]
will be approved by the department in accordance with the
provisions of RCW 41.32.540. These transfers shall be
placed in the disability reserve fund. [1991 c 35 § 47; 1963
ex.s. c 14 § 8; 1955 c 274 § 17; 1947 c 80 § 36; Rem. Supp.
1947 § 4995-55. Prior: 1941 c 97 § 5, part; 1939 c 86 § 5,
part; 1937 c 221 § 6, part; 1917 c 163 § 10, part; Rem. Supp.
1941 § 4995-6, part.]
Intent—1991 c 35: See note following RCW 41.26.005.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.32.366
41.32.366 Basis of contributions to death benefit
fund. During each fiscal year that a member is employed on
a full time basis, the department shall transfer from the member's contributions a sum that will, with regular interest,
maintain a fund sufficient according to actuarial rates
adopted by the department to pay the death benefits as provided for in this chapter. [1991 c 35 § 48; 1963 ex.s. c 14 §
10.]
Intent—1991 c 35: See note following RCW 41.26.005.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.32.380
41.32.380 Source of pension reserve—Contributions.
There shall be placed in the pension reserve all appropriations made by the legislature for the purpose of paying pensions and survivors' benefits and of establishing and maintaining an actuarial reserve and all gifts and bequests to the
pension reserve, and contributions of persons entering the
retirement system who have established prior service credit.
Members establishing prior service credit shall contribute to
the pension reserve as follows:
For the first ten years of prior service fifteen dollars per
year;
For the second ten years of prior service thirty dollars per
year;
For the third ten years of prior service forty-five dollars
per year. [1992 c 212 § 10; 1982 1st ex.s. c 52 § 8; 1947 c 80
§ 38; Rem. Supp. 1947 § 4995-57.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
41.32.390
41.32.390 Contributions for prior service credits. At
least twenty percent of the total amount due for prior service
credit must be paid before an application for credit may be
presented to the department for approval. The balance is not
due until date of retirement and may be paid at that time without additional charge. Any unpaid installments at the time the
member is retired for service or disability shall constitute a
first, paramount, and prior lien against his or her retirement
allowance. [1991 c 35 § 49; 1955 c 274 § 18; 1947 c 80 § 39;
Rem. Supp. 1947 § 4995-58. Prior: 1941 c 97 § 5, part; 1939
c 86 § 5, part; 1937 c 221 § 6, part; Rem. Supp. 1941 §
4995-6, part.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.32.470
41.32.470 Eligibility for retirement allowance. A
member who is not a dual member under RCW 41.54.010
must have established or reestablished with the retirement
system at least five years of credit for public school service in
(2004 Ed.)
Teachers' Retirement
this state to be entitled to a retirement allowance. [1994 c 298
§ 4; 1965 ex.s. c 81 § 4; 1963 ex.s. c 14 § 15; 1947 c 80 § 47;
Rem. Supp. 1947 § 4995-66. Prior: 1941 c 97 § 7, part; 1939
c 86 § 7, part; 1937 c 221 § 8, part; 1931 c 115 § 7, part; 1923
c 187 § 17, part; Rem. Supp. 1941 § 4995-8, part.]
Intent—1994 c 298: See note following RCW 41.40.010.
Severability—Effective date—1965 ex.s. c 81: See notes following
RCW 41.32.010.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.32.480
41.32.480 Qualifications for retirement. (1) Any
member who separates from service after having completed
thirty years of creditable service may retire upon the approval
by the department of an application for retirement filed on the
prescribed form. Upon retirement the member shall receive a
retirement allowance consisting of an annuity which shall be
the actuarial equivalent of his or her accumulated contributions at his or her age of retirement and a pension as provided
in RCW 41.32.497. Effective July 1, 1967, anyone then
receiving a retirement allowance or a survivor retirement
allowance under this chapter, based on thirty-five years of
creditable service, and who has established more than thirtyfive years of service credit with the retirement system, shall
thereafter receive a retirement allowance based on the total
years of service credit established.
(2) Any member who has attained age sixty years, but
who has completed less than thirty years of creditable service, upon separation from service, may retire upon the
approval by the department of an application for retirement
filed on the prescribed form. Upon retirement the member
shall receive a retirement allowance consisting of an annuity
which shall be the actuarial equivalent of his or her accumulated contributions at his or her age of retirement and a pension as provided in RCW 41.32.497.
(3) Any member who has attained age fifty-five years
and who has completed not less than twenty-five years of
creditable service, upon separation from service, may retire
upon the approval by the department of an application for
retirement filed on the prescribed form. Upon retirement the
member shall receive a retirement allowance which shall be
the actuarial equivalent of his or her accumulated contributions at his or her age of retirement and a pension as provided
in RCW 41.32.497. An individual who has retired pursuant to
this subsection, on or after July 1, 1969, shall not suffer an
actuarial reduction in his or her retirement allowance, except
as the allowance may be actuarially reduced pursuant to the
options contained in RCW 41.32.530. The chapter 193, Laws
of 1974 ex. sess. amendment to this section shall be retroactive to July 1, 1969. [1997 c 254 § 4; 1991 c 35 § 53; 1974
ex.s. c 193 § 2; 1972 ex.s. c 147 § 1; 1970 ex.s. c 35 § 2; 1969
ex.s. c 150 § 14; 1967 c 151 § 1; 1955 c 274 § 21; 1947 c 80
§ 48; Rem. Supp. 1947 § 4995-67. Prior: 1941 c 97 § 7, part;
1939 c 86 § 7, part; 1937 c 221 § 8, part; 1931 c 115 § 7, part;
1923 c 187 § 17, part; Rem. Supp. 1941 § 4995-8, part.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—Severability—1974 ex.s. c 193: See notes following
RCW 41.32.310.
(2004 Ed.)
41.32.485
Effective date—1972 ex.s. c 147: "The effective date of this 1972
amendatory act shall be July 1, 1972." [1972 ex.s. c 147 § 9.]
Severability—1972 ex.s. c 147: "If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1972 ex.s. c 147 § 10.]
Effective date—1970 ex.s. c 35: "The provisions of sections 1 through
5 and 7 of this 1970 amendatory act shall take effect on July 1, 1970; the provisions of section 6 of this 1970 amendatory act shall be effective on the date
chapter 223, Laws of 1969 ex. sess. becomes effective [July 1, 1970], at
which time section 5 of this 1970 amendatory act shall be void and of no
effect." [1970 ex.s. c 35 § 8.]
Severability—1970 ex.s. c 35: "If any provision of this 1970 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1970 ex.s. c 35 § 9.]
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.
Effective date—1967 c 151: "This act shall become effective on July
1, 1967." [1967 c 151 § 9.]
Severability—1967 c 151: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances shall not be
affected." [1967 c 151 § 8.]
41.32.485 Minimum retirement allowance—Cost-ofliving adjustment—Post-retirement adjustment—Computation. (1) Notwithstanding any provision of law to the
contrary, effective July 1, 1989, as a cost-of-living adjustment, no beneficiary receiving a retirement allowance pursuant to this chapter shall receive, as the pension portion of that
retirement allowance, less than fourteen dollars and eightytwo cents per month for each year of service creditable to the
person whose service is the basis of the pension. Portions of
a year shall be treated as fractions of a year and the decimal
equivalent shall be multiplied by fourteen dollars and eightytwo cents. Where the pension payable was adjusted at the
time benefit payments to the beneficiary commenced, the
minimum pension provided in this section shall be adjusted
in a manner consistent with that adjustment.
(2) Notwithstanding any provision of law to the contrary,
effective July 1, 1979, the retirement allowance of each beneficiary who either is receiving benefits pursuant to RCW
41.32.520 or 41.32.550 as of December 31, 1978, or commenced receiving a monthly retirement allowance under this
chapter as of a date no later than July 1, 1974, shall be permanently increased by a post-retirement adjustment. This
adjustment shall be in lieu of any adjustments provided under
*RCW 41.32.499(6) as of July 1, 1979, or July 1, 1980, for
the affected beneficiaries. Such adjustment shall be calculated as follows:
(a) Retirement allowances to which this subsection and
subsection (1) of this section are both applicable shall be
determined by first applying subsection (1) and then applying
this subsection. The department shall determine the total
years of creditable service and the total dollar benefit base
accrued as of December 31, 1978, except that this determination shall take into account only those beneficiaries to whom
this subsection applies;
(b) The department shall multiply the total benefits
determined in (a) of this subsection by six percent and divide
the dollar value thus determined by the total service determined in (a) of this subsection. The resultant figure shall then
be a post-retirement increase factor which shall be applied as
specified in (c) of this subsection;
41.32.485
[Title 41 RCW—page 157]
41.32.4851
Title 41 RCW: Public Employment, Civil Service, and Pensions
(c) Each beneficiary to whom this subsection applies
shall receive an increase which is the product of the factor
determined in (b) of this subsection multiplied by the years of
creditable service.
(3) The provisions of subsections (1) and (2) of this section shall not be applicable to those receiving benefits pursuant to RCW 41.32.540 or 41.32.760 through 41.32.825.
[1989 c 272 § 5; 1987 c 455 § 1; 1986 c 306 § 2; 1979 ex.s. c
96 § 2.]
(a) Those who are age seventy, thirty-nine cents per
month per year of service;
(b) Those who are age seventy-one, seventy-nine cents
per month per year of service; and
(c) Those who are at least age seventy-two, one dollar
and eighteen cents per month per year of service. [1995 c 345
§ 4.]
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
*Reviser's note: RCW 41.32.499 was repealed by 1995 c 345 § 11.
41.32.489
Purpose—1989 c 272: See note following RCW 41.32.005.
Effective date—1987 c 455: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 455 § 9.]
Effective date—1986 c 306: "This act shall take effect on July 1,
1986." [1986 c 306 § 5.]
41.32.4851
41.32.4851 Minimum retirement allowance—Annual
adjustment—Persons who become beneficiaries after
June 30, 1995. (1) No one who becomes a beneficiary after
June 30, 1995, shall receive a monthly retirement allowance
of less than twenty-four dollars and twenty-two cents times
the number of years of service creditable to the person whose
service is the basis of such retirement allowance.
(2) If the retirement allowance payable was adjusted at
the time benefit payments to the beneficiary commenced, the
minimum allowance provided in this section shall be adjusted
in a manner consistent with that adjustment.
(3) Beginning July 1, 1996, the minimum benefit set
forth in subsection (1) of this section shall be adjusted annually by the annual increase.
(4) Those receiving a temporary disability benefit under
RCW 41.32.540 shall not be eligible for the benefit provided
by this section.
(5) Beginning July 1, 2004, the minimum benefit set
forth in subsection (1) of this section, prior to adjustments set
forth in subsection (2) of this section, for a beneficiary with at
least twenty-five years of service and who has been retired at
least twenty years shall be one thousand dollars per month.
The minimum benefit in this subsection shall not be adjusted
by the annual increase provided in subsection (3) of this section. [2004 c 85 § 1; 1995 c 345 § 3.]
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.32.4872
41.32.4872 Permanent increase for specified beneficiaries age seventy or over. (1) The amount of the July 1,
1993, increase to the retirement allowance of beneficiaries
under this chapter as a result of the temporary adjustment
authorized by section 2, chapter 519, Laws of 1993, shall be
made a permanent adjustment on July 1, 1995.
(2) Beneficiaries receiving a benefit under RCW
41.32.485 who are at least age seventy-nine shall receive on
July 1, 1995, a permanent adjustment of one dollar and eighteen cents per month per year of service.
(3) Beneficiaries under this chapter who are not subject
to subsection (1) of this section and not receiving a benefit
under RCW 41.32.485 shall receive the following permanent
adjustment to their retirement allowance on July 1, 1995:
[Title 41 RCW—page 158]
41.32.489 Retirement allowance—Annual
increases—Eligibility. (1) Beginning July 1, 1995, and
annually thereafter, the retirement allowance of a person
meeting the requirements of this section shall be increased by
the annual increase amount.
(2) The following persons shall be eligible for the benefit
provided in subsection (1) of this section:
(a) A beneficiary who has received a retirement allowance for at least one year and has attained at least age sixtysix by July 1st in the calendar year in which the annual
increase is given; or
(b) A beneficiary whose retirement allowance is lower
than the minimum benefit provided under RCW 41.32.4851.
(3) The following persons shall also be eligible for the
benefit provided in subsection (1) of this section:
(a) A beneficiary receiving the minimum benefit on June
30, 1995, under RCW 41.32.485; or
(b) A recipient of a survivor benefit on June 30, 1995,
which has been increased by *RCW 41.32.575.
(4) If otherwise eligible, those receiving an annual
adjustment under RCW 41.32.530(1)(d) shall be eligible for
the annual increase adjustment in addition to the benefit that
would have been received absent this section.
(5) Those receiving a temporary disability benefit under
RCW 41.32.540 shall not be eligible for the benefit provided
by this section.
(6) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to receive this postretirement adjustment not
granted prior to that time. [1995 c 345 § 2.]
*Reviser's note: RCW 41.32.575 was repealed by 1995 c 345 § 11.
Intent—1995 c 345: "The intent of this act is to:
(1) Simplify the calculation of postretirement adjustments so that they
can be more easily communicated to plan 1 active and retired members;
(2) Provide postretirement adjustments based on years of service rather
than size of benefit;
(3) Provide postretirement adjustments at an earlier age;
(4) Provide postretirement adjustments to a larger segment of plan 1
retirees; and
(5) Simplify administration by reducing the number of plan 1 postretirement adjustments to one." [1995 c 345 § 1.]
Effective date—1995 c 345: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 12, 1995]." [1995 c 345 § 14.]
41.32.4931
41.32.4931 Additional special pension for former
members not receiving social security. (1) The benefits
provided under subsection (2) of this section shall be available only to former members who have reached age sixty-five
or are disabled for further public school service and are not
receiving federal old age, survivors or disability benefit pay(2004 Ed.)
Teachers' Retirement
ments (social security) and are not able to qualify for such
benefits.
(2) Effective July 1, 1987, former members who receive
the minimum retirement allowance provided by RCW
41.32.485(1) and who meet the requirements of subsection
(1) of this section shall receive an additional special pension
of ten dollars per month per year of service credit. [1987 c
455 § 6; 1973 2nd ex.s. c 32 § 3; 1967 c 151 § 6.]
41.32.498
Severability—1973 1st ex.s. c 189: See note following RCW
41.50.215.
Parts of sections retroactive—1973 1st ex.s. c 189: See note following RCW 41.32.498.
Effective date—Severability—1970 ex.s. c 35: See notes following
RCW 41.32.480.
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
Effective date—1987 c 455: See note following RCW 41.32.485.
Emergency—Severability—1973 2nd ex.s. c 32: See notes following
RCW 41.32.310.
Effective date—Severability—1967 c 151: See notes following RCW
41.32.480.
41.32.4945
41.32.4945 Limitation as to earnable compensation
of member as member of the legislature. Notwithstanding
any other provision of RCW 41.32.010, 41.32.260,
41.32.497, 41.32.498 and this section, when the salary of any
member as a member of the legislature is increased beyond
the amount provided for in Initiative Measure No. 282 then
earnable compensation for the purposes of this chapter shall
be based solely on the sum of (1) the compensation actually
received from the salary for the job from which such leave of
absence may have been taken and (2) such member's salary as
a legislator during the two highest compensated consecutive
years. [1991 c 35 § 54; 1974 ex.s. c 199 § 6.]
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—Severability—Construction—1974 ex.s. c 199: See
notes following RCW 41.32.010.
41.32.497
41.32.497 Retirement allowance for members entering system before April 25, 1973—Election. Any person
who became a member on or before April 25, 1973 and who
qualifies for a retirement allowance shall, at time of retirement, make an irrevocable election to receive either the
retirement allowance by RCW 41.32.498 as now or hereafter
amended or to receive a retirement allowance pursuant to this
section consisting of: (1) An annuity which shall be the actuarial equivalent of his accumulated contributions at his age of
retirement, (2) A basic service pension of one hundred dollars
per annum, and (3) A service pension which shall be equal to
one one-hundredth of his average earnable compensation for
his two highest compensated consecutive years of service
times the total years of creditable service established with the
retirement system: PROVIDED, That no beneficiary now
receiving benefits or who receives benefits in the future,
except those beneficiaries receiving reduced benefits pursuant to *RCW 41.32.520(1) or 41.32.530, shall receive a pension of less than six dollars and fifty cents per month for each
year of creditable service established with the retirement system. Pension benefits payable under the provisions of this
section shall be prorated on a monthly basis and paid at the
end of each month. [1990 c 249 § 12; 1974 ex.s. c 199 § 3;
1973 1st ex.s. c 189 § 2; 1970 ex.s. c 35 § 3; 1969 ex.s. c 150
§ 15; 1963 ex.s. c 14 § 16.]
*Reviser's note: RCW 41.32.520 was amended by 1990 c 249 § 15,
changing subsection (1) to subsection (1)(a).
Findings—1990 c 249: See note following RCW 2.10.146.
Emergency—Severability—Construction—1974 ex.s. c 199: See
notes following RCW 41.32.010.
(2004 Ed.)
41.32.498
41.32.498 Retirement allowance for members entering system after April 25, 1973, or in lieu of allowance
under RCW 41.32.497. Any person who becomes a member subsequent to April 25, 1973 or who has made the election, provided by RCW 41.32.497, to receive the benefit provided by this section, shall receive a retirement allowance
consisting of:
(1) An annuity which shall be the actuarial equivalent of
his or her additional contributions on full salary as provided
by chapter 274, Laws of 1955 and his or her lump sum payment in excess of the required contribution rate made at date
of retirement, pursuant to RCW 41.32.350, if any; and
(2) A combined pension and annuity service retirement
allowance which shall be equal to two percent of his or her
average earnable compensation for his or her two highest
compensated consecutive years of service times the total
years of creditable service established with the retirement
system, to a maximum of sixty percent of such average earnable compensation: PROVIDED, That any member may
irrevocably elect, at time of retirement, to withdraw all or a
part of his or her accumulated contributions, other than any
amount paid under RCW 41.50.165(2), and to receive, in lieu
of the full retirement allowance provided by this subsection,
a reduction in the standard two percent allowance, of the
actuarially determined amount of monthly annuity which
would have been purchased by said contributions: PROVIDED FURTHER, That no member may withdraw an
amount of accumulated contributions which would lower his
or her retirement allowance below the minimum allowance
provided by RCW 41.32.497 as now or hereafter amended:
AND PROVIDED FURTHER, That said reduced amount
may be reduced even further pursuant to the options provided
in RCW 41.32.530;
(3) Notwithstanding the provisions of subsections (1)
and (2) of this section, the retirement allowance payable for
service of a member who was state superintendent of public
instruction on January 1, 1973 shall be equal to three percent
of the average earnable compensation of his two highest consecutive years of service for each year of such service. [1994
c 197 § 16; 1991 c 35 § 55; 1990 c 249 § 4; 1988 c 116 § 1;
1987 c 143 § 1; 1974 ex.s. c 199 § 4; 1973 1st ex.s. c 189 § 3.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—1990 c 249: See note following RCW 2.10.146.
Effective date—1988 c 116: "This act shall take effect June 30, 1988."
[1988 c 116 § 2.]
Emergency—Severability—Construction—1974 ex.s. c 199: See
notes following RCW 41.32.010.
Parts of sections as retroactive—1973 1st ex.s. c 189: "Subsection (3)
of section 3 of this 1973 amendatory act and the equivalent language contained in the last proviso in section 1 of this 1973 amendatory act, relating to
[Title 41 RCW—page 159]
41.32.4986
Title 41 RCW: Public Employment, Civil Service, and Pensions
elected and appointed officials, shall be retroactive to January 1, 1973."
[1973 1st ex.s. c 189 § 4.]
Reviser's note: The reference to "subsection (3) of section 3" appears
to be erroneous. Section 13 of the original bill (House Bill No. 419) referred
to equivalent language in subsection (3) of section 12 and the last proviso in
section 4, amending RCW 41.32.497. The language referred to in section 4
remains in section 2 of the final bill which amends RCW 41.32.497, but was
deleted by senate committee amendment from section 3 (formerly section 12
of the original bill) of the engrossed substitute bill, codified herein as RCW
41.32.498.
Severability—1973 1st ex.s. c 189: See note following RCW
41.50.215.
41.32.4986
41.32.4986 Members with thirty years of service—
Irrevocable election. A member may make the irrevocable
election under this section no later than six months after
attaining thirty years of service. The election shall become
effective at the beginning of the calendar month following
department receipt of employee notification.
(1) The sum of member contributions made for periods
of service after the effective date of the election plus seven
and one-half percent interest shall be paid to the member at
retirement without a reduction in the member's monthly
retirement benefit as determined under RCW 41.32.498.
(2) Upon retirement, the member's benefit shall be calculated using only the earnable compensation credited prior to
the effective date of the member's election. Calculation of the
member's average earnable compensation shall include eligible cash outs of annual leave based on the member's salary
and leave accumulations at the time of retirement, except that
the amount of a member's average earnable compensation
cannot be higher than if the member had not taken advantage
of the election offered under this section.
(3) Members who have already earned thirty years of
service credit prior to July 25, 1999, may participate in the
election by notifying the department in writing of their intention by December 31, 1999.
The department shall continue to collect employer contributions as required in RCW 41.45.060. [1999 c 362 § 1.]
41.32.4991
41.32.4991 Permanent retirement allowance adjustment. The dollar amount of the temporary postretirement
allowance adjustment granted by section 1, chapter 519,
Laws of 1993 shall be provided as a permanent retirement
allowance adjustment as of July 1, 1995. [1994 c 247 § 1.]
ex.s. c 193 § 3; 1969 ex.s. c 150 § 16; 1967 c 50 § 6; 1965
ex.s. c 81 § 5; 1955 c 274 § 23; 1947 c 80 § 50; Rem. Supp.
1947 § 4995-69.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Findings—1994 c 177: See note following RCW 41.50.125.
Intent—1991 c 35: See note following RCW 41.26.005.
Legislative findings—Intent—Severability—1986 c 317: See notes
following RCW 41.40.150.
Severability—1983 c 233: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 233 § 4.]
Emergency—Severability—1974 ex.s. c 193: See notes following
RCW 41.32.310.
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.
Effective date—Severability—1967 c 50: See notes following RCW
41.32.010.
Effective date—Severability—1965 ex.s. c 81: See notes following
RCW 41.32.010.
41.32.510
41.32.510 Payment on withdrawal—Reentry. (1)
Should a member cease to be employed by an employer and
request upon a form provided by the department a refund of
the member's accumulated contributions with interest, this
amount shall be paid to the individual less any withdrawal fee
which may be assessed by the director which shall be deposited in the department of retirement systems expense fund.
(2) A member who files a request for a refund and subsequently enters into employment with an employer prior to the
refund being made shall not be eligible for a refund. For purposes of this section, a written or oral employment agreement
shall be considered entering into employment. [1994 c 197 §
18; 1994 c 177 § 6; 1982 1st ex.s. c 52 § 15; 1969 ex.s. c 150
§ 17; 1963 ex.s. c 14 § 17; 1955 c 274 § 24; 1947 c 80 § 51;
Rem. Supp. 1947 § 4995-70. Prior: 1941 c 97 § 6, part; 1939
c 86 § 6, part; 1937 c 221 § 7, part; Rem. Supp. 1941 §
4995-7, part.]
Reviser's note: This section was amended by 1994 c 177 § 6 and by
1994 c 197 § 18, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Findings—1994 c 177: See note following RCW 41.50.125.
Effective date—1994 c 247: "This act shall take effect August 1,
1994." [1994 c 247 § 8.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Temporary postretirement allowance—1993 c 519: "The benefit
adjustment granted by sections 711(1) and 712(1), chapter 232, Laws of
1992 (uncodified) being received by plan 1 beneficiaries as of June 30, 1993,
unless otherwise improper, shall be continued through June 30, 1995."
[1993 c 519 § 1.]
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.32.520
41.32.500
41.32.500 Termination of membership. Membership
in the retirement system is terminated when a member retires
for service or disability, dies, or withdraws his or her accumulated contributions.
The prior service certificate becomes void when a member dies or withdraws the accumulated contributions, and any
prior administrative interpretation of the board of trustees,
consistent with this section, is hereby ratified, affirmed and
approved. [1995 c 134 § 13. Prior: 1994 c 197 § 17; 1994 c
177 § 5; 1991 c 35 § 57; 1986 c 317 § 2; 1983 c 233 § 1; 1974
[Title 41 RCW—page 160]
41.32.520 Payment on death before retirement or
within sixty days following application for disability
retirement. (1) Except as specified in subsection (3) of this
section, upon receipt of proper proofs of death of any member before retirement or before the first installment of his or
her retirement allowance shall become due his or her accumulated contributions, less any amount identified as owing to
an obligee upon withdrawal of accumulated contributions
pursuant to a court order filed under RCW 41.50.670, and/or
other benefits payable upon his or her death shall be paid to
his or her estate or to such persons, trust, or organization as he
(2004 Ed.)
Teachers' Retirement
or she shall have nominated by written designation duly executed and filed with the department. If a member fails to file
a new beneficiary designation subsequent to marriage,
divorce, or reestablishment of membership following termination by withdrawal, lapsation, or retirement, payment of his
or her accumulated contributions, less any amount identified
as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW
41.50.670, and/or other benefits upon death before retirement
shall be made to the surviving spouse, if any; otherwise, to
his or her estate. If a member had established ten or more
years of Washington membership service credit or was eligible for retirement, the beneficiary or the surviving spouse if
otherwise eligible may elect, in lieu of a cash refund of the
member's accumulated contributions, the following survivor
benefit plan actuarially reduced, except under subsection (4)
of this section, by the amount of any lump sum benefit identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW
41.50.670:
(a) A widow or widower, without a child or children
under eighteen years of age, may elect a monthly payment of
fifty dollars to become effective at age fifty, provided the
member had fifteen or more years of Washington membership service credit. A benefit paid under this subsection
(1)(a) shall terminate at the marriage of the beneficiary.
(b) The beneficiary, if a surviving spouse or a dependent
(as that term is used in computing the dependent exemption
for federal internal revenue purposes) may elect to receive a
joint and one hundred percent retirement allowance under
RCW 41.32.530.
(i) In the case of a dependent child the allowance shall
continue until attainment of majority or so long as the department judges that the circumstances which created his or her
dependent status continue to exist. In any case, if at the time
dependent status ceases, an amount equal to the amount of
accumulated contributions of the deceased member has not
been paid to the beneficiary, the remainder shall then be paid
in a lump sum to the beneficiary.
(ii) If at the time of death, the member was not then qualified for a service retirement allowance, the benefit shall be
based upon the actuarial equivalent of the sum necessary to
pay the accrued regular retirement allowance commencing
when the deceased member would have first qualified for a
service retirement allowance.
(2) If no qualified beneficiary survives a member, at his
or her death his or her accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670, shall be paid to his or her estate, or his
or her dependents may qualify for survivor benefits under
benefit plan (1)(b) in lieu of a cash refund of the members
accumulated contributions in the following order: Widow or
widower, guardian of a dependent child or children under age
eighteen, or dependent parent or parents.
(3) If a member dies within sixty days following application for disability retirement under RCW 41.32.550, the beneficiary named in the application may elect to receive the
benefit provided by:
(a) This section; or
(2004 Ed.)
41.32.522
(b) RCW 41.32.550, according to the option chosen
under RCW 41.32.530 in the disability application.
(4) The retirement allowance of a member who is killed
in the course of employment, as determined by the director of
the department of labor and industries, is not subject to an
actuarial reduction. The member's retirement allowance is
computed under RCW 41.32.480. [2003 c 155 § 1; 1997 c 73
§ 1; 1995 c 144 § 9; 1993 c 16 § 1; 1992 c 212 § 7. Prior:
1991 c 365 § 29; 1991 c 35 § 58; 1990 c 249 § 15; 1974 ex.s.
c 193 § 5; 1973 2nd ex.s. c 32 § 4; 1973 1st ex.s. c 154 § 76;
1967 c 50 § 7; 1965 ex.s. c 81 § 6; 1957 c 183 § 3; 1955 c 274
§ 25; 1947 c 80 § 52; Rem. Supp. 1947 § 4995-71; prior:
1941 c 97 § 6; 1939 c 86 § 6; 1937 c 221 § 7; 1923 c 187 §
22; 1917 c 163 § 21; Rem. Supp. 1941 § 4995-7.]
Application—2003 c 155: "This act applies to any member killed in
the course of employment, as determined by the director of the department of
labor and industries, on or after July 1, 2001." [2003 c 155 § 9.]
Effective date—1997 c 73: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 19, 1997]." [1997 c 73 § 4.]
Application—1993 c 16 § 1: "The provisions of section 1(3) of this act
shall apply to all determinations of disability made after June 30, 1992."
[1993 c 16 § 2.]
Effective date—1993 c 16: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 12, 1993]." [1993 c 16 § 3.]
Severability—1991 c 365: See note following RCW 41.50.500.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—1990 c 249: See note following RCW 2.10.146.
Emergency—Severability—1974 ex.s. c 193: See notes following
RCW 41.32.310.
Emergency—Severability—1973 2nd ex.s. c 32: See notes following
RCW 41.32.310.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Effective date—Severability—1967 c 50: See notes following RCW
41.32.010.
Effective date—Severability—1965 ex.s. c 81: See notes following
RCW 41.32.010.
Severability—1957 c 183: See RCW 41.33.900.
41.32.522
41.32.522 Death benefits. (1) The department shall pay
a death benefit of six hundred dollars to a member's estate or
to the persons, trust, or organization the member nominates
by written designation duly executed and filed with the
department or to the persons as may otherwise qualify as the
beneficiary pursuant to RCW 41.32.520 upon receipt of
proper proof of death of the member if he or she:
(a) Was employed on a full time basis during the fiscal
year in which his or her death occurs;
(b) Was under contract for full time employment in a
Washington public school;
(c) Submits an application for a retirement allowance to
be approved by the department immediately following termination of his or her full-time Washington public school service and who dies before the first installment of his or her
retirement allowance becomes due;
(d) Is receiving or is entitled to receive temporary disability payments; or
(e) Upon becoming eligible for a disability retirement
allowance submits an application for an allowance to be
[Title 41 RCW—page 161]
41.32.523
Title 41 RCW: Public Employment, Civil Service, and Pensions
approved by the department immediately following the date
of his or her eligibility for a disability retirement allowance
and dies before the first installment of such allowance
becomes due.
(2) In order to receive a death benefit under this section
a deceased member:
(a) Must have established at least one year of credit with
the retirement system for full time Washington membership
service;
(b) Who was not employed full time in Washington public school service during the fiscal year immediately preceding the year of his or her death must have been employed full
time in Washington public school service for at least fifty
consecutive days during the fiscal year of his or her death.
[1995 c 144 § 10; 1992 c 212 § 4; 1991 c 35 § 59; 1974 ex.s.
c 193 § 4; 1969 ex.s. c 150 § 18; 1967 c 50 § 8; 1963 ex.s. c
14 § 20.]
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—Severability—1974 ex.s. c 193: See notes following
RCW 41.32.310.
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.
Effective date—Severability—1967 c 50: See notes following RCW
41.32.010.
Savings—Effective date—Severability—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.32.523
41.32.523 Death benefits—Members not qualified
for benefits under RCW 41.32.522 and retired former
members. Upon receipt of proper proof of death of a member who does not qualify for the death benefit of six hundred
dollars under RCW 41.32.522, or a former member who was
retired for age, service, or disability, a death benefit of four
hundred dollars shall be paid to the member's estate or to the
persons, trust, or organization as he or she shall have nominated by written designation duly executed and filed with the
department or to the persons as may otherwise qualify as the
beneficiary pursuant to RCW 41.32.520: PROVIDED, That
the member or the retired former member had established not
less than ten years of credit with the retirement system for full
time Washington membership service. [1995 c 144 § 11;
1992 c 212 § 5; 1991 c 35 § 60; 1974 ex.s. c 193 § 6; 1969
ex.s. c 150 § 19; 1967 c 50 § 9; 1965 ex.s. c 81 § 7; 1963 ex.s.
c 14 § 21.]
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—Severability—1974 ex.s. c 193: See notes following
RCW 41.32.310.
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.
Effective date—Severability—1967 c 50: See notes following RCW
41.32.010.
Savings—Effective date—Severability—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.32.530
41.32.530 Options available—Retirement allowance
adjustment—Court-approved property settlement. (1)
Upon an application for retirement for service under RCW
41.32.480 or retirement for disability under RCW 41.32.550,
approved by the department, every member shall receive the
maximum retirement allowance available to him or her
throughout life unless prior to the time the first installment
thereof becomes due he or she has elected, by executing the
proper application therefor, to receive the actuarial equiva[Title 41 RCW—page 162]
lent of his or her retirement allowance in reduced payments
throughout his or her life with the following options:
(a) Standard allowance. If he or she dies before he or she
has received the present value of his or her accumulated contributions at the time of his or her retirement in annuity payments, the unpaid balance shall be paid to his or her estate or
to such person, trust, or organization as he or she shall have
nominated by written designation executed and filed with the
department.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member's reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a person who has an insurable interest in the member's
life. Such person shall be nominated by the member by written designation duly executed and filed with the department
at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.
(c) Such other benefits shall be paid to a member receiving a retirement allowance under RCW 41.32.497 as the
member may designate for himself, herself, or others equal to
the actuarial value of his or her retirement annuity at the time
of his retirement: PROVIDED, That the board of trustees
shall limit withdrawals of accumulated contributions to such
sums as will not reduce the member's retirement allowance
below one hundred and twenty dollars per month.
(d) A member whose retirement allowance is calculated
under RCW 41.32.498 may also elect to receive a retirement
allowance based on options available under this subsection
that includes the benefit provided under RCW 41.32.770.
This retirement allowance option shall also be calculated so
as to be actuarially equivalent to the maximum retirement
allowance and to the options available under this subsection.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member's
spouse do not give written consent to an option under this
section, the department will pay the member a joint and fifty
percent survivor benefit and record the member's spouse as
the beneficiary. Such benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required
as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree's designated beneficiary predeceases or
has predeceased the retiree; and
(2004 Ed.)
Teachers' Retirement
(ii) The retiree provides to the department proper proof
of the designated beneficiary's death.
(b) The retirement allowance payable to the retiree, as of
July 1, 1998, or the date of the designated beneficiary's death,
whichever comes last, shall be increased by the percentage
derived in (c) of this subsection.
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii)
of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date of
the designated beneficiary's death or from July 1, 1998,
whichever comes last.
(4) No later than July 1, 2001, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.32.470 and the member's
divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member's benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the age pro(2004 Ed.)
41.32.540
vided in RCW 41.32.480(2) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The separate single life benefits of the member and
the nonmember ex spouse are not (i) subject to the minimum
benefit provisions of RCW 41.32.4851, or (ii) the minimum
benefit annual increase amount eligibility provisions of RCW
41.32.489 (2)(b) and (3)(a).
(d) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 8; 2000 c 186 § 2; 1998 c 340 § 6; 1996 c 175 § 4;
1995 c 144 § 12; 1990 c 249 § 5; 1955 c 274 § 26; 1947 c 80
§ 53; Rem. Supp. 1947 § 4995-72. Prior: 1941 c 97 § 7, part;
1939 c 86 § 7, part; 1937 c 221 § 8, part; Rem. Supp. 1941 §
4995-8, part.]
Effective date—1998 c 340: See note following RCW 41.31.010.
Findings—1990 c 249: See note following RCW 2.10.146.
41.32.540
41.32.540 Disability allowance—Temporary. Upon
application of a member in service or of his or her employer
or of his or her legal guardian or of the legal representative of
a deceased member who was eligible to apply for a temporary
disability allowance based on the final illness a member shall
be granted a temporary disability allowance by the department if the medical director, after a medical examination of
the member, certifies that the member is mentally or physically incapacitated for the further performance of duty. Any
member receiving a temporary disability allowance on July 1,
1964 or who qualifies for a temporary disability allowance
effective on or after July 1, 1964 shall receive a temporary
disability allowance of one hundred eighty dollars per month
for a period not to exceed two years, but no payments shall be
made for a disability period of less than sixty days: PROVIDED, That a member who is not employed full time in
Washington public school service for consecutive fiscal years
shall have been employed for at least fifty consecutive days
during the fiscal year in which he or she returns to full time
Washington public school service before he or she may qualify for temporary disability benefits: PROVIDED FURTHER, That no temporary disability benefits shall be paid on
the basis of an application received more than four calendar
years after a member became eligible to apply for such benefits. [1992 c 212 § 3; 1991 c 35 § 61; 1974 ex.s. c 193 § 7;
1963 ex.s. c 14 § 18; 1959 c 37 § 1; 1955 c 274 § 27; 1947 c
80 § 54; Rem. Supp. 1947 § 4995-73. Prior: 1941 c 97 § 7,
[Title 41 RCW—page 163]
41.32.550
Title 41 RCW: Public Employment, Civil Service, and Pensions
part; 1939 c 86 § 7, part; 1937 c 221 § 8, part; Rem. Supp.
1941 § 4995-8, part.]
Intent—1991 c 35: See note following RCW 41.26.005.
Emergency—Severability—1974 ex.s. c 193: See notes following
RCW 41.32.310.
Savings—Effective date—Severability—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.32.550
41.32.550 Options and allowances on report that disability will be permanent—Reexamination. (1) Should the
director determine from the report of the medical director that
a member employed under an annual contract with an
employer has become permanently disabled for the performance of his or her duties or at any time while a member is
receiving temporary disability benefits that a member's disability will be permanent, a member shall have the option of
then receiving (a) all of the accumulated contributions in a
lump sum payment and canceling his or her membership, or
(b) of accepting a retirement allowance based on service or
age, if eligible under RCW 41.32.480, or (c) if the member
had five or more years of Washington membership service
credit established with the retirement system, a retirement
allowance because of disability.
(2) Any member applying for a retirement allowance
who is eligible for benefits on the basis of service or age shall
receive a retirement allowance based on the provision of law
governing retirement for service or age. If the member qualifies to receive a retirement allowance because of disability he
or she shall be paid the maximum annuity which shall be the
actuarial equivalent of the accumulated contributions at his or
her age of retirement and a pension equal to the service pension to which he or she would be entitled under RCW
41.32.497. If the member dies before he or she has received
in annuity payments the present value of the accumulated
contributions at the time of retirement, the unpaid balance
shall be paid to the estate or to the persons, trust, or organization nominated by written designation executed and filed
with the department.
(3) A member retired for disability may be required at
any time to submit to reexamination. If medical findings
reveal that the individual is no longer disabled for the performance of public school service, the retirement allowance
granted because of disability may be terminated by action of
the director or upon written request of the member. In case of
termination, the individual shall be restored to full membership in the retirement system. [1995 c 144 § 13; 1991 sp.s. c
11 § 6. Prior: 1991 c 365 § 33; 1991 c 35 § 62; 1970 ex.s. c
35 § 4; 1969 ex.s. c 150 § 20; 1967 c 50 § 10; 1963 ex.s. c 14
§ 19; 1961 c 132 § 4; 1959 c 37 § 2; 1955 c 274 § 28; 1947 c
80 § 55; Rem. Supp. 1947 § 4995-74; prior: 1941 c 97 § 7,
part; 1939 c 86 § 7, part; 1937 c 221 § 8, part; 1931 c 115 § 8;
1923 c 187 § 18; 1917 c 163 § 17, part; Rem. Supp. 1941 §
4995-8, part.]
Purpose—Effective dates—1991 sp.s. c 11: See notes following RCW
41.26.090.
Severability—1991 c 365: See note following RCW 41.50.500.
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—Severability—1970 ex.s. c 35: See notes following
RCW 41.32.480.
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.
[Title 41 RCW—page 164]
Effective date—Severability—1967 c 50: See notes following RCW
41.32.010.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.32.555
41.32.555 Persons with annual half-time contracts—
Eligibility for benefits under RCW 41.32.550. Persons
who were under an annual half-time contract with an
employer anytime during the period of September 1, 1986,
through August 31, 1987, shall be eligible for benefits provided by RCW 41.32.550, as amended by chapter 365, Laws
of 1991, effective beginning the month following when they
left service due to their disability if during that period they
were medically determined to be permanently disabled for
the performance of their duty.
A member who qualifies for benefits under this section
who has not begun receiving benefits prior to June 11, 1992,
shall be permitted to select a survivor option pursuant to
RCW 41.32.530. [1992 c 212 § 19; 1991 c 365 § 34.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.32.570
41.32.570 Postretirement employment—Reduction
or suspension of pension payments. (1)(a) If a retiree
enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree's monthly
retirement allowance will be reduced by five and one-half
percent for every seven hours worked during that month.
This reduction will be applied each month until the retiree
remains absent from employment with an employer for one
full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred forty hours
per month. Any monthly benefit reduction over one hundred
percent will be applied to the benefit the retiree is eligible to
receive in subsequent months.
(2) Any retired teacher or retired administrator who
enters service in any public educational institution in Washington state and who has satisfied the break in employment
requirement of subsection (1) of this section shall cease to
receive pension payments while engaged in such service,
after the retiree has rendered service for more than one thousand five hundred hours in a school year. When a retired
teacher or administrator renders service beyond eight hundred sixty-seven hours, the department shall collect from the
employer the applicable employer retirement contributions
for the entire duration of the member's employment during
that fiscal year.
(3) The department shall collect and provide the state
actuary with information relevant to the use of this section for
the select committee on pension policy.
(4) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to be employed for more than five hundred
twenty-five hours per year without a reduction of his or her
pension. [2003 c 295 § 6. Prior: 2001 2nd sp.s. c 10 § 3;
(2001 c 317 § 1 repealed by 2003 c 412 § 3); 1999 c 387 § 1;
1997 c 254 § 5; 1995 c 264 § 1; 1994 c 69 § 2; 1989 c 273 §
29; 1986 c 237 § 1; 1967 c 151 § 5; 1959 c 37 § 3; 1955 c 274
§ 30; 1947 c 80 § 57; Rem. Supp. 1947 § 4995-76.]
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
(2004 Ed.)
Teachers' Retirement
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Effective date—1995 c 264: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 5, 1995]." [1995 c 264 § 2.]
Findings—1994 c 69: "The legislature finds that there is a shortage of
certificated substitute teachers in many regions of the state, and that this
shortage will likely increase in the coming years. The legislature further
finds that one method of reducing this shortage of substitute teachers is to
encourage retired teachers to serve as substitutes by increasing the number of
days they can work without affecting their retirement payments." [1994 c 69
§ 1.]
Severability—1989 c 273: See RCW 41.45.900.
Effective date—Severability—1967 c 151: See notes following RCW
41.32.480.
"PLAN 2"
41.32.755
41.32.755 Provisions applicable to plan 2. RCW
41.32.760 through 41.32.825 shall apply only to plan 2 members. [1992 c 72 § 7; 1977 ex.s. c 293 § 2.]
Effective date—1977 ex.s. c 293: "This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect October 1, 1977." [1977 ex.s. c 293 § 23.]
Severability—1977 ex.s. c 293: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 293 § 22.]
Legislative direction and placement—1977 ex.s. c 293: "Sections 1
through 17 of this 1977 amendatory act shall be added to chapter 41.32 RCW
and shall be codified as consecutive sections of the Revised Code of Washington within such chapter." [1977 ex.s. c 293 § 21.]
Section headings—1977 ex.s. c 293: "Section headings used in this
1977 amendatory act shall not constitute any part of the law." [1977 ex.s. c
293 § 20.]
41.32.760
41.32.760 Computation of the retirement allowance.
A member of the retirement system shall receive a retirement
allowance equal to two percent of such member's average
final compensation for each year of service. [1977 ex.s. c 293
§ 3.]
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.762
41.32.762 Lump sum retirement allowance—Reentry—Conditions for reinstatement of service. (1) On or
after June 10, 1982, the director may pay a beneficiary, subject to the provisions of subsection (5) of this section, a lump
sum payment in lieu of a monthly benefit if the initial
monthly benefit computed in accordance with RCW
41.32.760 would be less than fifty dollars. The lump sum
payment shall be the greater of the actuarial equivalent of
such monthly benefits or an amount equal to the individual's
accumulated contributions plus accrued interest.
(2) A beneficiary, subject to the provisions of subsection
(5) of this section, who is receiving a regular monthly benefit
of less than fifty dollars may request, in writing, to convert
from a monthly benefit to a lump sum payment. If the director
approves the conversion, the calculation of the actuarial
equivalent of the total estimated regular benefit will be computed based on the beneficiary's age at the time the benefit
initially accrued. The lump sum payment will be reduced to
(2004 Ed.)
41.32.765
reflect any payments received on or after the initial benefit
accrual date.
(3) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director,
within two years of returning to service or prior to re-retiring,
whichever comes first. In computing the amount due, the
director shall exclude the accumulated value of the normal
payments the member would have received while in beneficiary status if the lump sum payment had not occurred.
(4) If a member fails to meet the time limitations under
subsection (3) of this section, reinstatement of all previous
service will occur if the member pays the amount required
under RCW 41.50.165(2). The amount, however, shall
exclude the accumulated value of the normal payments the
member would have received while in beneficiary status if
the lump sum payment had not occurred.
(5) Only persons entitled to or receiving a service retirement allowance under RCW 41.32.760 or an earned disability allowance under RCW 41.32.790 qualify for participation
under this section.
(6) It is the intent of the legislature that any member who
receives a settlement under this section shall be deemed to be
retired from this system. [1994 c 197 § 19; 1982 c 144 § 2.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
41.32.765
41.32.765 Retirement for service. (1) NORMAL
RETIREMENT. Any member with at least five service credit
years of service who has attained at least age sixty-five shall
be eligible to retire and to receive a retirement allowance
computed according to the provisions of RCW 41.32.760.
(2) EARLY RETIREMENT. Any member who has
completed at least twenty service credit years of service who
has attained at least age fifty-five shall be eligible to retire
and to receive a retirement allowance computed according to
the provisions of RCW 41.32.760, except that a member
retiring pursuant to this subsection shall have the retirement
allowance actuarially reduced to reflect the difference in the
number of years between age at retirement and the attainment
of age sixty-five.
(3) ALTERNATE EARLY RETIREMENT. Any member who has completed at least thirty service credit years and
has attained age fifty-five shall be eligible to retire and to
receive a retirement allowance computed according to the
provisions of RCW 41.32.760, except that a member retiring
pursuant to this subsection shall have the retirement allowance reduced by three percent per year to reflect the difference in the number of years between age at retirement and the
attainment of age sixty-five. [2000 c 247 § 902; 1991 c 343
§ 5; 1977 ex.s. c 293 § 4.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
[Title 41 RCW—page 165]
41.32.770
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.32.770
41.32.770 Post-retirement cost-of-living. Beginning
July 1, 1979, and every year thereafter, the department shall
determine the following information for each retired member
or beneficiary whose retirement allowance has been in effect
for at least one year:
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied
beginning with the July payment. In no event, however, shall
the annual adjustment:
(a) Produce a retirement allowance which is lower than
the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment;
or
(c) Differ from the previous year's annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year's average consumer price index—
Seattle, Washington area for urban wage earners and clerical
workers, all items, compiled by the bureau of labor statistics,
United States department of labor. [1977 ex.s. c 293 § 5.]
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.780
41.32.780 Teachers required to be members. All
teachers who become employed by an employer in an eligible
position on or after October 1, 1977, shall be members of the
retirement system and shall be governed by the provisions of
RCW 41.32.755 through 41.32.825. [1991 c 35 § 67; 1990 c
274 § 15; 1979 ex.s. c 45 § 5; 1977 ex.s. c 293 § 7.]
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Application—Reservation—1990 c 274 §§ 11, 12, 14, and 15: See
note following RCW 41.40.690.
Effective date—1979 ex.s. c 45: See note following RCW 41.26.040.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.785
41.32.785 Options for payment of retirement allowances—Retirement allowance adjustment—Courtapproved property settlement. (1) Upon retirement for service as prescribed in RCW 41.32.765 or retirement for disability under RCW 41.32.790, a member shall elect to have
the retirement allowance paid pursuant to the following
options, calculated so as to be actuarially equivalent to each
other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member's life. However, if the retiree dies before the total of
the retirement allowance paid to such retiree equals the
amount of such retiree's accumulated contributions at the
[Title 41 RCW—page 166]
time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization
as the retiree shall have nominated by written designation
duly executed and filed with the department; or if there be no
such designated person or persons still living at the time of
the retiree's death, then to the surviving spouse; or if there be
neither such designated person or persons still living at the
time of death nor a surviving spouse, then to the retiree's legal
representative.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member's reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a designated person. Such person shall be nominated
by the member by written designation duly executed and
filed with the department at the time of retirement. The
options adopted by the department shall include, but are not
limited to, a joint and one hundred percent survivor option
and a joint and fifty percent survivor option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and member's
spouse do not give written consent to an option under this
section, the department will pay the member a joint and fifty
percent survivor benefit and record the member's spouse as
the beneficiary. Such benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required
as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree's designated beneficiary predeceases or
has predeceased the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary's death.
(b) The retirement allowance payable to the retiree, as of
July 1, 1998, or the date of the designated beneficiary's death,
whichever comes last, shall be increased by the percentage
derived in (c) of this subsection.
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii)
of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date of
(2004 Ed.)
Teachers' Retirement
the designated beneficiary's death or from July 1, 1998,
whichever comes last.
(4) No later than July 1, 2001, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.32.815 and the member's
divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member's benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the age provided in RCW 41.32.765(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(2004 Ed.)
41.32.795
(c) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 9; 2000 c 186 § 4; 1998 c 340 § 7; 1996 c 175 § 5;
1995 c 144 § 14; 1990 c 249 § 6; 1977 ex.s. c 293 § 8.]
Effective date—1998 c 340: See note following RCW 41.31.010.
Findings—1990 c 249: See note following RCW 2.10.146.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.790
41.32.790 Earned disability allowance—Eligibility—
Disposition upon death of recipient. (1) A member of the
retirement system who becomes totally incapacitated for continued employment by an employer as determined by the
department upon recommendation of the department shall be
eligible to receive an allowance under the provisions of RCW
41.32.755 through 41.32.825. The member shall receive a
monthly disability allowance computed as provided for in
RCW 41.32.760 and shall have the allowance actuarially
reduced to reflect the difference in the number of years
between age at disability and the attainment of age sixty-five.
Any member who receives an allowance under the provisions of this section shall be subject to comprehensive medical examinations as required by the department. If medical
examinations reveal that a member has recovered from the
incapacitating disability and the member is offered reemployment by an employer at a comparable compensation, the
member shall cease to be eligible for the allowance.
(2)(a) If the recipient of a monthly retirement allowance
under this section dies before the total of the retirement
allowance paid to the recipient equals the amount of the accumulated contributions at the date of retirement, then the balance shall be paid to the member's estate, or the person or persons, trust, or organization as the recipient has nominated by
written designation duly executed and filed with the director,
or, if there is no designated person or persons still living at
the time of the recipient's death, then to the surviving spouse,
or, if there is neither a designated person or persons still living at the time of his or her death nor a surviving spouse, then
to his or her legal representative.
(b) If a recipient of a monthly retirement allowance
under this section died before April 27, 1989, and before the
total of the retirement allowance paid to the recipient equaled
the amount of his or her accumulated contributions at the date
of retirement, then the department shall pay the balance of the
accumulated contributions to the member's surviving spouse
or, if there is no surviving spouse, then in equal shares to the
member's children. If there is no surviving spouse or children, the department shall retain the contributions. [1995 c
144 § 15; 1991 c 35 § 68; 1990 c 249 § 20; 1989 c 191 § 2;
1977 ex.s. c 293 § 9.]
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—1990 c 249: See note following RCW 2.10.146.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.795
41.32.795 Application for and effective date of retirement allowances. Any member or beneficiary eligible to
[Title 41 RCW—page 167]
41.32.800
Title 41 RCW: Public Employment, Civil Service, and Pensions
receive a retirement allowance under the provisions of RCW
41.32.765, 41.32.790, or 41.32.805 shall be eligible to commence receiving a retirement allowance after having filed
written application with the department.
(1) Retirement allowances paid to members under the
provisions of RCW 41.32.765 shall accrue from the first day
of the calendar month immediately following such member's
separation from employment.
(2) Retirement allowances paid to vested members no
longer in service, but qualifying for such an allowance pursuant to RCW 41.32.765, shall accrue from the first day of the
calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members
under the provisions of RCW 41.32.790 shall accrue from the
first day of the calendar month immediately following such
member's separation from employment for disability.
(4) Retirement allowances paid as death benefits under
the provisions of RCW 41.32.805 shall accrue from the first
day of the calendar month immediately following the member's death. [1977 ex.s. c 293 § 10.]
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.800
41.32.800 Suspension of retirement allowance upon
reemployment—Reinstatement. (Effective until July 1,
2006.) (1) Except as provided in RCW 41.32.802, no retiree
under the provisions of plan 2 shall be eligible to receive such
retiree's monthly retirement allowance if he or she is
employed in an eligible position as defined in RCW
41.40.010, 41.32.010, or 41.35.010, or as a law enforcement
officer or fire fighter as defined in RCW 41.26.030.
If a retiree's benefits have been suspended under this section, his or her benefits shall be reinstated when the retiree
terminates the employment that caused his or her benefits to
be suspended. Upon reinstatement, the retiree's benefits shall
be actuarially recomputed pursuant to the rules adopted by
the department.
(2) The department shall adopt rules implementing this
section. [1998 c 341 § 605; 1997 c 254 § 6; 1990 c 274 § 13;
1977 ex.s. c 293 § 11.]
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.800
41.32.800 Suspension of retirement allowance upon
reemployment—Reinstatement. (Effective July 1, 2006.)
(1) Except as provided in RCW 41.32.802, no retiree under
the provisions of plan 2 shall be eligible to receive such
retiree's monthly retirement allowance if he or she is
employed in an eligible position as defined in RCW
41.40.010, 41.32.010, 41.37.010, or 41.35.010, or as a law
enforcement officer or fire fighter as defined in RCW
41.26.030.
If a retiree's benefits have been suspended under this section, his or her benefits shall be reinstated when the retiree
[Title 41 RCW—page 168]
terminates the employment that caused his or her benefits to
be suspended. Upon reinstatement, the retiree's benefits shall
be actuarially recomputed pursuant to the rules adopted by
the department.
(2) The department shall adopt rules implementing this
section. [2004 c 242 § 55; 1998 c 341 § 605; 1997 c 254 § 6;
1990 c 274 § 13; 1977 ex.s. c 293 § 11.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.802
41.32.802 Reduction of retirement allowance upon
reemployment—Reestablishment of membership. (Effective until July 1, 2006.) (1)(a) If a retiree enters employment
with an employer sooner than one calendar month after his or
her accrual date, the retiree's monthly retirement allowance
will be reduced by five and one-half percent for every seven
hours worked during that month. This reduction will be
applied each month until the retiree remains absent from
employment with an employer for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred forty hours
per month. Any benefit reduction over one hundred percent
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
(2) A retiree who has satisfied the break in employment
requirement of subsection (1) of this section, may work up to
eight hundred sixty-seven hours per calendar year in an eligible position, as defined in RCW 41.32.010, 41.35.010, or
41.40.010, or as a fire fighter or law enforcement officer, as
defined in RCW 41.26.030, without suspension of his or her
benefit.
(3) If the retiree opts to reestablish membership under
RCW 41.32.044, he or she terminates his or her retirement
status and immediately becomes a member. Retirement benefits shall not accrue during the period of membership and the
individual shall make contributions and receive membership
credit. Such a member shall have the right to again retire if
eligible. [2001 2nd sp.s. c 10 § 8; 1997 c 254 § 8.]
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
41.32.802
41.32.802 Reduction of retirement allowance upon
reemployment—Reestablishment of membership. (Effective July 1, 2006.) (1)(a) If a retiree enters employment with
an employer sooner than one calendar month after his or her
accrual date, the retiree's monthly retirement allowance will
be reduced by five and one-half percent for every seven hours
worked during that month. This reduction will be applied
each month until the retiree remains absent from employment
with an employer for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred forty hours
(2004 Ed.)
Teachers' Retirement
per month. Any benefit reduction over one hundred percent
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
(2) A retiree who has satisfied the break in employment
requirement of subsection (1) of this section, may work up to
eight hundred sixty-seven hours per calendar year in an eligible position, as defined in RCW 41.32.010, 41.35.010,
41.37.010, or 41.40.010, or as a fire fighter or law enforcement officer, as defined in RCW 41.26.030, without suspension of his or her benefit.
(3) If the retiree opts to reestablish membership under
RCW 41.32.044, he or she terminates his or her retirement
status and immediately becomes a member. Retirement benefits shall not accrue during the period of membership and the
individual shall make contributions and receive membership
credit. Such a member shall have the right to again retire if
eligible. [2004 c 242 § 61; 2001 2nd sp.s. c 10 § 8; 1997 c
254 § 8.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
41.32.805
41.32.805 Death benefits. (1) Except as provided in
RCW 11.07.010, if a member or a vested member who has
not completed at least ten years of service dies, the amount of
the accumulated contributions standing to such member's
credit in the retirement system, less any amount identified as
owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670,
at the time of such member's death shall be paid to the member's estate, or such person or persons, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department. If there be no
such designated person or persons still living at the time of
the member's death, such member's accumulated contributions standing to such member's credit in the retirement system, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving
spouse, then to such member's legal representatives.
(2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the
surviving spouse or eligible children shall elect to receive
either:
(a) A retirement allowance computed as provided for in
RCW 41.32.765, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 41.32.785 and, except under subsection (4) of this section, if the member was not eligible for normal retirement at
the date of death a further reduction as described in RCW
41.32.765; if a surviving spouse who is receiving a retirement
allowance dies leaving a child or children of the member
under the age of majority, then such child or children shall
continue to receive an allowance in an amount equal to that
(2004 Ed.)
41.32.810
which was being received by the surviving spouse, share and
share alike, until such child or children reach the age of
majority; if there is no surviving spouse eligible to receive an
allowance at the time of the member's death, such member's
child or children under the age of majority shall receive an
allowance share and share alike calculated as herein provided
making the assumption that the ages of the spouse and member were equal at the time of the member's death; or
(b) The member's accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670.
(3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies after
October 1, 1977, and is not survived by a spouse or an eligible child, then the accumulated contributions standing to the
member's credit, less any amount identified as owing to an
obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be
paid:
(a) To an estate, a person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member's death, then to the member's
legal representatives.
(4) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, is not subject to an actuarial reduction under RCW
41.32.765. The member's retirement allowance is computed
under RCW 41.32.760. [2003 c 155 § 2; 2000 c 247 § 1002;
1995 c 144 § 16; 1993 c 236 § 4; 1991 c 365 § 30; 1990 c 249
§ 16; 1977 ex.s. c 293 § 12.]
Applicability—2003 c 155: See note following RCW 41.32.520.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Severability—1991 c 365: See note following RCW 41.50.500.
Findings—1990 c 249: See note following RCW 2.10.146.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.810
41.32.810 Service credit for paid leave of absence,
officers of labor organizations, unpaid leave of absence,
military service. (1) A member who is on a paid leave of
absence authorized by a member's employer shall continue to
receive service credit as provided for under the provisions of
RCW 41.32.755 through 41.32.825.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member's
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The earnable compensation reported for a member who establishes
service credit under this subsection may not be greater than
[Title 41 RCW—page 169]
41.32.812
Title 41 RCW: Public Employment, Civil Service, and Pensions
the salary paid to the highest paid job class covered by the
collective bargaining agreement.
(3) Except as specified in subsection (6) of this section, a
member shall be eligible to receive a maximum of two years
service credit during a member's entire working career for
those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if the member makes both the employer and
member contributions plus interest as determined by the
department for the period of the authorized leave of absence
within five years of resumption of service or prior to retirement whichever comes sooner.
(4) If a member fails to meet the time limitations of subsection (3) of this section, the member may receive a maximum of two years of service credit during a member's working career for those periods when a member is on unpaid
leave of absence authorized by an employer. This may be
d o n e b y p ay in g th e a m o u n t r e q u i r ed u n d e r R C W
41.50.165(2) prior to retirement.
(5) For the purpose of subsection (3) of this section, the
contribution shall not include the contribution for the
unfunded supplemental present value as required by *RCW
41.32.775. The contributions required shall be based on the
average of the member's earnable compensation at both the
time the authorized leave of absence was granted and the time
the member resumed employment.
(6) A member who leaves the employ of an employer to
enter the armed forces of the United States shall be entitled to
retirement system service credit for up to five years of military service. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed
services employment and reemployment rights act.
(a) The member qualifies for service credit under this
subsection if:
(i) Within ninety days of the member's honorable discharge from the United States armed forces, the member
applies for reemployment with the employer who employed
the member immediately prior to the member entering the
United States armed forces; and
(ii) The member makes the employee contributions
required under *RCW 41.32.775 within five years of resumption of service or prior to retirement, whichever comes
sooner; or
(iii) Prior to retirement and not within ninety days of the
member's honorable discharge or five years of resumption of
service the member pays the amount required under RCW
41.50.165(2).
(b) Upon receipt of member contributions under (a)(ii) of
this subsection, the department shall establish the member's
service credit and shall bill the employer for its contribution
required under *RCW 41.32.775 for the period of military
service, plus interest as determined by the department.
(c) The contributions required under (a)(ii) of this subsection shall be based on the compensation the member
would have earned if not on leave, or if that cannot be estimated with reasonable certainty, the compensation reported
for the member in the year prior to when the member went on
military leave. [1996 c 61 § 2; 1994 c 197 § 20; 1993 c 95 §
6; 1992 c 119 § 2; 1977 ex.s. c 293 § 13.]
*Reviser's note: RCW 41.32.775 was repealed by 1995 c 239 § 326,
effective July 1, 1996.
[Title 41 RCW—page 170]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Retroactive application—Effective date—1993 c 95: See notes following RCW 41.40.175.
Retroactive application—1992 c 119: See note following RCW
41.26.520.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.812
41.32.812 Service credit for half-time employment
from October 1, 1977, through December 31, 1986. The
department of retirement systems shall credit at least one-half
service credit month for each month of each school year, as
defined by RCW 28A.150.040, from October 1, 1977,
through December 31, 1986, to a member of the teachers'
retirement system plan 2 who was employed by an employer,
as defined by RCW 41.32.010, under a contract for half-time
employment as determined by the department for such school
year and from whose compensation contributions were paid
by the employee or picked up by the employer. Any withdrawn contributions shall be restored under *RCW
41.32.500(1) or 41.50.165 prior to crediting any service.
[1994 c 197 § 21; 1992 c 212 § 20; 1991 c 343 § 12.]
*Reviser's note: RCW 41.32.500(1) was renumbered by 1994 c 197 §
17 and deleted in large part by 1994 c 177 § 5.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
41.32.815
41.32.815 Vested membership. A member who separates or has separated after having completed at least five
years of service may remain a member during the period of
such member's absence from service for the exclusive purpose only of receiving a retirement allowance under the provisions of RCW 41.32.765 if such member maintains the
member's accumulated contributions intact. [1977 ex.s. c
293 § 14.]
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.817
41.32.817 Transfer to plan 3—Irrevocable option.
(1) Every plan 2 member employed by an employer in an eligible position may make an irrevocable option to transfer to
plan 3.
(2) Any plan 2 member who is a substitute teacher may
make an irrevocable option to transfer to plan 3 at the time the
member purchases substitute service credit pursuant to RCW
41.32.013, pursuant to time lines and procedures established
by the department.
(3) Any plan 2 member, other than a substitute teacher,
who wishes to transfer to plan 3 after December 31, 1997,
may transfer during the month of January in any following
year, provided that the member earns service credit for that
month.
(4) All service credit in plan 2 shall be transferred to the
defined benefit portion of plan 3.
(5) The accumulated contributions in plan 2 less fifty
percent of any contributions made pursuant to RCW
41.50.165(2) shall be transferred to the member's account in
(2004 Ed.)
Teachers' Retirement
the defined contribution portion established in chapter 41.34
RCW, pursuant to procedures developed by the department
and subject to RCW 41.34.090. Contributions made pursuant
to RCW 41.50.165(2) that are not transferred to the member's
account shall be transferred to the fund created in RCW
41.50.075(2), except that interest earned on all such contributions shall be transferred to the member's account.
(6) The legislature reserves the right to discontinue the
right to transfer under this section.
(7) Anyone previously retired from plan 2 is prohibited
from transferring to plan 3. [1996 c 39 § 2; 1995 c 239 §
303.]
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.818
41.32.818 Public employees' retirement system members who previously declined membership in the teachers'
retirement system—Transfer to plan 3—Irrevocable
option. Any member of the public employees' retirement
system plan 2 who is employed in an eligible position as an
educational staff associate and who elected pursuant to RCW
41.32.032(2)(a) to remain a member of the public employees'
retirement system under chapter 41.40 RCW may make an
irrevocable option before January 1, 1998, to transfer to plan
3 pursuant to RCW 41.32.817, PROVIDED THAT:
(1) Only service credit for previous periods of employment in a position covered by RCW 41.32.010 is transferred
to plan 3;
(2) Equivalent accumulated employee and employer
contributions attributable to service covered by subsection
(1) of this section are transferred to plan 3;
(3) Employer contributions transferred under this section
shall be paid into the teachers' retirement system combined
plan 2 and 3 fund. [1996 c 39 § 3; 1995 c 239 § 304.]
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.820
41.32.820 Refund of contributions on termination. A
member who ceases to be an employee of an employer except
by service or disability retirement may request a refund of the
member's accumulated contributions. The refund shall be
made within ninety days following the receipt of the request
and notification of termination through the contribution
reporting system by the employer; except that in the case of
death, an initial payment shall be made within thirty days of
receipt of request for such payment and notification of termination through the contribution reporting system by the
employer. A member who files a request for refund and subsequently enters into employment with another employer
prior to the refund being made shall not be eligible for a
refund. The refund of accumulated contributions shall terminate membership and all benefits under the provisions of
RCW 41.32.755 through 41.32.825. [1988 c 117 § 1; 1982
1st ex.s. c 52 § 17; 1977 ex.s. c 293 § 15.]
(2004 Ed.)
41.32.831
Effective date—1988 c 117: "This act shall take effect July 1, 1988."
[1988 c 117 § 3.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.32.825
41.32.825 Reentry. (1) A member, who had left service
and withdrawn the member's accumulated contributions,
shall, upon reestablishment of membership under RCW
41.32.240, receive service credit for such prior service if the
member restores all withdrawn accumulated contributions
together with interest since the time of withdrawal as determined by the department. The restoration of such funds must
be completed within five years of the resumption of service
or prior to retirement, whichever occurs first.
(2) If a member fails to meet the time limitations of subsection (1) of this section, the member may receive service
credit destroyed by the withdrawn contributions if the
amount required under RCW 41.50.165(2) is paid. [1994 c
197 § 22; 1988 c 117 § 2; 1977 ex.s. c 293 § 16.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Effective date—1988 c 117: See note following RCW 41.32.820.
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
"PLAN 3"
41.32.831
41.32.831 Provisions applicable to plan 3—Plan 3
elements. (1) RCW 41.32.831 through 41.32.895 shall apply
only to plan 3 members.
(2) Plan 3 shall consist of two separate elements: (a) A
defined benefit portion covered under this subchapter; and
(b) a defined contribution portion covered under chapter
41.34 RCW.
(3) Unless otherwise specified, all references to "plan 3"
in this subchapter refer to the defined benefit portion of plan
3. [1996 c 39 § 10; 1995 c 239 § 104.]
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: "The legislature recognizes that teachers, principals, and district administrators need the ability to make transitions
to other public or private sector careers, and that the retirement system
should not be a barrier to exercise of employee choice. The legislature also
recognizes that teachers, principals, and district administrators need a secure
and viable retirement benefit, not only for their own financial protection, but
also that public funds are spent prudently for their intended purpose.
It is the legislative intent to create a new public retirement system that
balances flexibility with stability, provides both increased employee control
of investments and responsible protection of the public's investment in
employee benefits, and encourages the pursuit of public sector careers without preventing employees from transitioning into other public or private sector employment.
Therefore, the purpose of chapter 239, Laws of 1995 is to continue to
provide teachers, principals, and district administrators with a guaranteed
pension at retirement age based on years of public service with an element of
inflation protection. It is further the purpose of chapter 239, Laws of 1995 to
create a parallel retirement plan where employees have options regarding the
investment of their retirement contributions and have the opportunity, along
with the accompanying risk, to receive a full rate of return on their investments and where employees who leave public employment prior to retirement receive a fair and reasonable value from the retirement system." [1995
c 239 § 1.]
[Title 41 RCW—page 171]
41.32.835
Title 41 RCW: Public Employment, Civil Service, and Pensions
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.835
41.32.835 Membership in plan 3. All teachers who
first become employed by an employer in an eligible position
on or after July 1, 1996, shall be members of plan 3. [1995 c
239 § 105.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
(4) If a member who requests to transfer dies before January 1, 1998, the additional payment provided by this section
shall be paid to the member's estate, or the person or persons,
trust, or organization the member nominated by written designation duly executed and filed with the department.
(5) The legislature reserves the right to modify or discontinue the right to an incentive payment under this section for
any plan 2 members who have not previously transferred to
plan 3. [1998 c 341 § 701; 1997 c 10 § 1; 1996 c 39 § 8.]
Effective date—1998 c 341: See note following RCW 41.34.060.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.845
41.32.837
41.32.837 Right to waive benefit—Irrevocable
choice. Any member receiving or having received a distribution under chapter 41.34 RCW may make an irrevocable
choice to waive all rights to a benefit under RCW 41.32.840
by notifying the department in writing of their intention.
[2003 c 349 § 1.]
Effective date—2003 c 349: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 16, 2003]." [2003 c 349 § 4.]
41.32.845 Postretirement cost-of-living allowance.
Retirement allowances paid under the defined benefit portion
of plan 3 shall have a postretirement cost-of-living allowance
calculated and paid as provided in RCW 41.32.770. [1995 c
239 § 107.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.851
41.32.840
41.32.840 Computation of the retirement allowance.
(1) A member of the retirement system shall receive a retirement allowance equal to one percent of such member's average final compensation for each service credit year.
(2) The retirement allowance payable under RCW
41.32.875 to a member who separates after having completed
at least twenty service credit years shall be increased by
twenty-five one-hundredths of one percent, compounded for
each month from the date of separation to the date that the
retirement allowance commences. [1996 c 39 § 4; 1995 c 239
§ 106.]
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.8401
41.32.8401 Additional payment. (1) Anyone who
requests to transfer under RCW 41.32.817 before January 1,
1998, and establishes service credit for January 1998, shall
have their member account increased by forty percent of:
(a) Plan 2 accumulated contributions as of January 1,
1996, less fifty percent of any payments made pursuant to
RCW 41.50.165(2); or
(b) All amounts withdrawn after January 1, 1996, which
are completely restored before January 1, 1998.
(2) A further additional payment of twenty-five percent,
for a total of sixty-five percent, shall be paid subject to the
conditions contained in subsection (1) of this section on July
1, 1998.
(3) Substitute teachers shall receive the additional payment provided in subsection (1) of this section if they:
(a) Establish service credit for January 1998; and
(b) Establish any service credit from July 1996 through
December 1997; and
(c) Elect to transfer on or before March 1, 1999.
[Title 41 RCW—page 172]
41.32.851 Options for payment of retirement allowances—Court-approved property settlement. (1) Upon
retirement for service as prescribed in RCW 41.32.875 or
retirement for disability under RCW 41.32.880, a member
shall elect to have the retirement allowance paid pursuant to
one of the following options, calculated so as to be actuarially
equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member's life. Upon the death of the retired member, all benefits shall cease.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member's reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to such person or persons as the retiree shall have nominated by written designation duly executed and filed with the
department at the time of retirement. The options adopted by
the department shall include, but are not limited to, a joint
and one hundred percent survivor option and joint and fifty
percent survivor option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member's
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty-percent survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(2004 Ed.)
Teachers' Retirement
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3) No later than July 1, 2001, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(4) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.32.875(1) and the member's
divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member's benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the age provided in RCW 41.32.875(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (3) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(2004 Ed.)
41.32.860
(c) Any benefit distributed pursuant to chapter 41.31A
RCW after the date of the dissolution order creating separate
benefits for a member and nonmember ex spouse shall be
paid solely to the member.
(d) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 10; 2000 c 186 § 5; 1995 c 239 § 108.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.855 Application for and effective date of retirement allowances. Any member or beneficiary eligible to
receive a retirement allowance under the provisions of RCW
41.32.875, 41.32.880, or 41.32.895 shall be eligible to commence receiving a retirement allowance after having filed
written application with the department.
(1) Retirement allowances paid to members shall accrue
from the first day of the calendar month immediately following such member's separation from employment.
(2) Retirement allowances payable to eligible members
no longer in service, but qualifying for such an allowance
pursuant to RCW 41.32.875 shall accrue from the first day of
the calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members shall
accrue from the first day of the calendar month immediately
following such member's separation from employment for
disability.
(4) Retirement allowances paid as death benefits shall
accrue from the first day of the calendar month immediately
following the member's death. [1996 c 39 § 5; 1995 c 239 §
109.]
41.32.855
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.860 Suspension of retirement allowance upon
reemployment—Reinstatement. (1) Except under RCW
41.32.862, no retiree shall be eligible to receive such retiree's
monthly retirement allowance if he or she is employed in an
eligible position as defined in RCW 41.40.010, 41.32.010, or
41.35.010, or as a law enforcement officer or fire fighter as
defined in RCW 41.26.030.
(2) If a retiree's benefits have been suspended under this
section, his or her benefits shall be reinstated when the retiree
terminates the employment that caused the suspension of
benefits. Upon reinstatement, the retiree's benefits shall be
actuarially recomputed pursuant to the rules adopted by the
department. [2001 2nd sp.s. c 10 § 9; 1997 c 254 § 7; 1995 c
239 § 110.]
41.32.860
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
[Title 41 RCW—page 173]
41.32.862
Title 41 RCW: Public Employment, Civil Service, and Pensions
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.862
41.32.862 Reduction of retirement allowance upon
reemployment—Reestablishment of membership. (Effective until July 1, 2006.) (1)(a) If a retiree enters employment
with an employer sooner than one calendar month after his or
her accrual date, the retiree's monthly retirement allowance
will be reduced by five and one-half percent for every seven
hours worked during that month. This reduction will be
applied each month until the retiree remains absent from
employment with an employer for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred forty hours
per month. Any benefit reduction over one hundred percent
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
(2) A retiree who has satisfied the break in employment
requirement of subsection (1) of this section, may work up to
eight hundred sixty-seven hours per calendar year in an eligible position, as defined in RCW 41.32.010, 41.35.010, or
41.40.010, or as a fire fighter or law enforcement officer, as
defined in RCW 41.26.030, without suspension of his or her
benefit.
(3) If the retiree opts to reestablish membership under
RCW 41.32.044, he or she terminates his or her retirement
status and immediately becomes a member. Retirement benefits shall not accrue during the period of membership and the
individual shall make contributions and receive membership
credit. Such a member shall have the right to again retire if
eligible. [2001 2nd sp.s. c 10 § 10; 1997 c 254 § 9.]
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
41.32.862
41.32.862 Reduction of retirement allowance upon
reemployment—Reestablishment of membership. (Effective July 1, 2006.) (1)(a) If a retiree enters employment with
an employer sooner than one calendar month after his or her
accrual date, the retiree's monthly retirement allowance will
be reduced by five and one-half percent for every seven hours
worked during that month. This reduction will be applied
each month until the retiree remains absent from employment
with an employer for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred forty hours
per month. Any benefit reduction over one hundred percent
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
(2) A retiree who has satisfied the break in employment
requirement of subsection (1) of this section, may work up to
eight hundred sixty-seven hours per calendar year in an eligible position, as defined in RCW 41.32.010, 41.35.010,
41.37.010, or 41.40.010, or as a fire fighter or law enforcement officer, as defined in RCW 41.26.030, without suspension of his or her benefit.
(3) If the retiree opts to reestablish membership under
RCW 41.32.044, he or she terminates his or her retirement
status and immediately becomes a member. Retirement ben[Title 41 RCW—page 174]
efits shall not accrue during the period of membership and the
individual shall make contributions and receive membership
credit. Such a member shall have the right to again retire if
eligible. [2004 c 242 § 62; 2001 2nd sp.s. c 10 § 10; 1997 c
254 § 9.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
41.32.865
41.32.865 Service credit for paid leave of absence,
officers of labor organizations, unpaid leave of absence,
military service. (1) A member who is on a paid leave of
absence authorized by a member's employer shall continue to
receive service credit.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member's
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The earnable compensation reported for a member who establishes
service credit under this subsection may not be greater than
the salary paid to the highest paid job class covered by the
collective bargaining agreement.
(3) Except as specified in subsection (4) of this section, a
member shall be eligible to receive a maximum of two years
service credit during a member's entire working career for
those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if:
(a) The member makes the contribution on behalf of the
employer, plus interest, as determined by the department; and
(b) The member makes the employee contribution, plus
interest, as determined by the department, to the defined contribution portion.
The contributions required shall be based on the average
of the member's earnable compensation at both the time the
authorized leave of absence was granted and the time the
member resumed employment.
(4) A member who leaves the employ of an employer to
enter the armed forces of the United States shall be entitled to
retirement system service credit for up to five years of military service if within ninety days of the member's honorable
discharge from the United States armed forces, the member
applies for reemployment with the employer who employed
the member immediately prior to the member entering the
United States armed forces. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed services employment and reemployment
rights act.
The department shall establish the member's service
credit and shall bill the employer for its contribution required
under chapter 239, Laws of 1995 for the period of military
service, plus interest as determined by the department. Service credit under this subsection may be obtained only if the
(2004 Ed.)
Teachers' Retirement
member makes the employee contribution to the defined contribution portion as determined by the department.
The contributions required shall be based on the compensation the member would have earned if not on leave, or
if that cannot be estimated with reasonable certainty, the
compensation reported for the member in the year prior to
when the member went on military leave. [1996 c 61 § 3;
1995 c 239 § 111.]
Effective date—1996 c 61 § 3: "Section 3 of this act shall take effect
July 1, 1996." [1996 c 61 § 5.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.867
41.32.867 Purchased service credit—Allocation. (1)
Contributions on behalf of the employer paid by the
employee to purchase plan 3 service credit shall be allocated
to the defined benefit portion of plan 3 and shall not be
refundable when paid to the fund described in RCW
41.50.075(2). Contributions on behalf of the employee shall
be allocated to the member account. If the member fails to
meet the statutory time limitations to purchase plan 3 service
credit, it may be purchased under the provisions of RCW
41.50.165(2). One-half of the purchase payments under
RCW 41.50.165(2), plus interest, shall be allocated to the
member's account.
(2) No purchased plan 3 membership service will be
credited until all payments required of the member are made,
with interest. Upon receipt of all payments owed by the member, the department shall bill the employer for any contributions, plus interest, required to purchase membership service.
[1996 c 39 § 11.]
Effective dates—1996 c 39: See note following RCW 41.32.010.
41.32.870
41.32.870 Lump sum payments—Reentry. (1) The
director may pay a member eligible to receive a retirement
allowance or the member's beneficiary a lump sum payment
in lieu of a monthly benefit if the initial monthly benefit
would be less than one hundred dollars. The one hundred dollar limit shall be increased by three percent compounded
annually on January 1. The lump sum payment shall be the
actuarial equivalent of the monthly benefit.
(2) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director,
within two years of returning to service or prior to retiring
again, whichever comes first. In computing the amount due,
the director shall exclude the accumulated value of the normal payments the member would have received while in beneficiary status if the lump sum payment had not occurred.
(3) Any member who receives a settlement under this
section shall be deemed to be retired from this system. [1995
c 239 § 112.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
(2004 Ed.)
41.32.880
41.32.875 Retirement eligibility. (1) NORMAL
RETIREMENT. Any member who is at least age sixty-five
and who has:
(a) Completed ten service credit years; or
(b) Completed five service credit years, including twelve
service credit months after attaining age fifty-four; or
(c) Completed five service credit years by July 1, 1996,
under plan 2 and who transferred to plan 3 under RCW
41.32.817;
shall be eligible to retire and to receive a retirement allowance computed according to the provisions of RCW
41.32.840.
(2) EARLY RETIREMENT. Any member who has
attained at least age fifty-five and has completed at least ten
years of service shall be eligible to retire and to receive a
retirement allowance computed according to the provisions
of RCW 41.32.840, except that a member retiring pursuant to
this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years
between age at retirement and the attainment of age sixtyfive.
(3) ALTERNATE EARLY RETIREMENT. Any member who has completed at least thirty service credit years and
has attained age fifty-five shall be eligible to retire and to
receive a retirement allowance computed according to the
provisions of RCW 41.32.840, except that a member retiring
pursuant to this subsection shall have the retirement allowance reduced by three percent per year to reflect the difference in the number of years between age at retirement and the
attainment of age sixty-five. [2000 c 247 § 903; 1996 c 39 §
6; 1995 c 239 § 113.]
41.32.875
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.32.880
41.32.880 Earned disability allowance—Eligibility—
Disposition upon death of recipient. (1) A member of the
retirement system who becomes totally incapacitated for continued employment by an employer as determined by the
department shall be eligible to receive an allowance under the
provisions of plan 3. The member shall receive a monthly
disability allowance computed as provided for in RCW
41.32.840 and shall have this allowance actuarially reduced
to reflect the difference in the number of years between age at
disability and the attainment of age sixty-five.
Any member who receives an allowance under the provisions of this section shall be subject to comprehensive medical examinations as required by the department. If these
medical examinations reveal that a member has recovered
from the incapacitating disability and the member is offered
reemployment by an employer at a comparable compensation, the member shall cease to be eligible for the allowance.
(2) If the recipient of a monthly retirement allowance
under this section dies, any further benefit payments shall be
conditioned by the payment option selected by the retiree as
provided in RCW 41.32.851. [1995 c 239 § 114.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
[Title 41 RCW—page 175]
41.32.892
Title 41 RCW: Public Employment, Civil Service, and Pensions
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
Applicability—2003 c 155: See note following RCW 41.32.520.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective dates—1996 c 39: See note following RCW 41.32.010.
41.32.892
41.32.892 Restored, purchased service credit under
plan 2—Transfer to plan 3. (1) Any member who elects to
transfer to plan 3 and has eligible unrestored withdrawn contributions in plan 2, may restore such contributions under the
provisions of RCW 41.32.825(1) with interest as determined
by the department. The restored plan 2 service credit will be
automatically transferred to plan 3. Restoration payments
will be transferred to the member account in plan 3. If the
member fails to meet the time limitations of RCW
41.32.825(1), they may restore such contributions under the
provisions of RCW 41.50.165(2). The restored plan 2 service
credit will be automatically transferred to plan 3. One-half of
the restoration payments under RCW 41.50.165(2) plus interest shall be allocated to the member's account.
(2) Any member who elects to transfer to plan 3 may
purchase plan 2 service credit under RCW 41.32.810(3). Purchased plan 2 service credit will be automatically transferred
to plan 3. Contributions on behalf of the employer paid by the
employee shall be allocated to the defined benefit portion of
plan 3 and shall not be refundable when paid to the fund
described in RCW 41.50.075(2). Contributions on behalf of
the employee shall be allocated to the member account. If the
member fails to meet the time limitations of RCW
41.32.810(3), they may subsequently restore such contributions under the provisions of RCW 41.50.165(2). Purchased
plan 2 service credit will be automatically transferred to plan
3. One-half of the payments under RCW 41.50.165(2), plus
interest, shall be allocated to the member's account. [1996 c
39 § 9.]
Effective dates—1996 c 39: See note following RCW 41.32.010.
41.32.895
41.32.895 Death benefits. (1) If a member dies prior to
retirement, the surviving spouse or eligible child or children
shall receive a retirement allowance computed as provided in
RCW 41.32.851 actuarially reduced to reflect a joint and one
hundred percent survivor option and, except under subsection
(2) of this section, if the member was not eligible for normal
retirement at the date of death a further reduction as described
in RCW 41.32.875.
If the surviving spouse who is receiving the retirement
allowance dies leaving a child or children under the age of
majority, then such child or children shall continue to receive
an allowance in an amount equal to that which was being
received by the surviving spouse, share and share alike, until
such child or children reach the age of majority.
If there is no surviving spouse eligible to receive an
allowance at the time of the member's death, such member's
child or children under the age of majority shall receive an
allowance, share and share alike. The allowance shall be calculated with the assumption that the age of the spouse and
member were equal at the time of the member's death.
(2) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, is not subject to an actuarial reduction under RCW
41.32.875. The member's retirement allowance is computed
under RCW 41.32.840. [2003 c 155 § 3; 2000 c 247 § 1003;
1996 c 39 § 7; 1995 c 239 § 117.]
[Title 41 RCW—page 176]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
Chapter 41.33 RCW
TEACHERS' RETIREMENT—FEDERAL
SOCIAL SECURITY
Chapter 41.33
Sections
41.33.010
41.33.020
41.33.030
41.33.900
Plan for covering members under OASI approved.
Terms and provisions of plan.
Effective date for coverage of members.
Severability—1957 c 183.
41.33.010
41.33.010 Plan for covering members under OASI
approved. The plan for covering the members of the teachers' retirement system under the old age and survivor insurance provisions of Title II of the federal social security act as
amended, required by RCW 41.48.050 as amended by section
5, chapter 4, Laws of the Extraordinary Session of 1955,
approved by the board of trustees of the teachers' retirement
system on October 8, 1956, and by the governor of the state
of Washington on November 19, 1956, is hereby approved.
[1957 c 183 § 1.]
41.33.020
41.33.020 Terms and provisions of plan. The terms
and provisions of the plan are as follows:
(1) Each political subdivision of the state employing
members of the teachers' retirement system and the members
of the teachers' retirement system, after the approval of this
plan by the legislature, and by the eligible employees through
a referendum as provided in RCW 41.48.030 (3) and (4),
shall be deemed to have accepted and agreed to be bound by
the following terms and conditions in consideration of extension of the existing agreement between the secretary of
health, education and welfare and the governor to make the
protection of the federal old age and survivors insurance program available and applicable to such employees.
(2) As used in this plan the terms quoted below shall
have the meanings assigned thereto in this section.
"Political subdivision" means any political subdivision,
or instrumentality of one or more subdivisions, or proprietary
enterprise acquired, purchased or originated by one or more
such subdivisions after December, 1950, which employs
members of the teachers' retirement system. The state, its
agencies, instrumentalities and institutions of higher learning
shall be grouped and considered as a single political subdivision.
"Employee" means any person who is a member of the
teachers' retirement system and is employed by a political
subdivision.
"Wages" shall have the meaning given in RCW
41.48.020(1) and section 209 of the social security act (42
U.S.C.A. Sec. 409).
"State" where not otherwise clearly indicated by the context, means the commissioner of employment security or
(2004 Ed.)
Teachers' Retirement—Federal Social Security
other officer designated by the governor to administer the
plan at the state level for all participating political subdivisions.
(3) The terms and conditions of this plan are intended
and shall be construed to be in conformity with the requirements of the federal social security act as amended and with
the requirements of chapter 41.48 RCW, and particularly
RCW 41.48.050, as amended by chapter 4, Laws of 1955
extraordinary session.
(4) The rights and benefits accruing to employees from
membership in the teachers' retirement system shall in no
way be altered or impaired by this plan or by the additional
and supplementary OASI coverage which such employees
may receive hereunder, other than the elimination of (1), (2)
and (3) of section 52, chapter 80, Laws of 1947 and RCW
41.32.520 as each are amended, with the exception of that
part of (1) which permits a widow or widower without a child
or children under age eighteen to receive a monthly payment
of fifty dollars at age fifty, provided that the member had fifteen or more years of Washington membership service credit
at date of death.
(5) There shall be no additional cost to or involvement of
the state or a political subdivision with respect to OASI coverage of members of the teachers' retirement system until this
plan has been approved by the legislature.
(6) Each employee to whom OASI coverage is made
applicable under this plan pursuant to an extension or modification under RCW 41.48.030 of the existing agreement
between the secretary of health, education and welfare and
the governor shall be required to pay into the *OASI contribution fund established by RCW 41.48.060 during the period
of such coverage contributions with respect to his wages in an
amount equal to the employee tax imposed by the federal
insurance contributions act (section 3101, Internal Revenue
Code of 1954), in consideration of the employee's retention in
service by the political subdivision. The subdivision shall
withhold such contributions from the wages paid to the
employee; and shall remit the contributions so withheld in
each calendar quarter to the state for deposit in the *contribution fund not later than the twentieth calendar day of the
month following that quarter.
(7) Each political subdivision shall pay into the *contribution fund with respect to the wages of its employees during
the period of their OASI coverage pursuant to this plan contributions in an amount equal to the employer tax imposed by
the federal insurance contributions act (section 3111, Internal
Revenue Code of 1954), from the fund of the subdivision
from which such employees' wages are paid. The subdivision
shall remit such contributions to the state for deposit in the
*contribution fund on a quarterly basis, not later than the
twentieth calendar day of the month following each calendar
quarter.
(8) If any political subdivision other than that comprising
the state, its agencies, instrumentalities and institutions of
higher learning fails to remit as provided herein employer
contributions or employee contributions, or any part of either,
such delinquent contributions may be recovered with interest
at the rate of six percent per annum by action in a court of
competent jurisdiction against the political subdivision; or
such delinquent contributions may at the request of the gov(2004 Ed.)
41.33.020
ernor be deducted from any moneys payable to such subdivision by the state.
(9) Each political subdivision shall be charged with a
share of the cost of administration of this plan by the state, to
be computed as that proportion of the overall cost of administration which its total annual contributions bear to the total
annual contributions paid by all subdivisions on behalf of
employees covered by the plan. The state shall compute the
share of cost allocable to each subdivision and bill the subdivision therefor at the end of each fiscal year. The subdivision
shall within ninety days thereafter remit its share of the cost
to the state for deposit in the general fund of the state.
(10) Each political subdivision shall submit to the state,
through the employment security department, P.O. Box 367,
Olympia, Washington, or such other officer or agency as the
governor may subsequently designate, on forms furnished by
the state, not later than the twentieth calendar day of the
month following the end of each calendar quarter, the following information:
A. The social security account number of each
employee;
B. the name of each employee;
C. the amount of wages subject to contributions as
required hereunder paid to each employee during the quarter;
D. the total amount of wages subject to contributions
paid to all employees during the quarter;
E. the total amount of employee contributions withheld
and remitted for the quarter; and
F. the total amount of employer contributions paid by the
subdivision for the quarter.
(11) Each political subdivision shall furnish in the same
manner as provided in subsection (10) of this section, upon
reasonable notice, such other and further reports or information as the governor may from time to time require. Each subdivision shall comply with such requirements as the secretary
of health, education and welfare or the governor may from
time to time establish with respect to any or all of the reports
or information which are or may be provided for under subsection (10) of this section or this subsection in order to
assure the correctness and verification thereof.
(12) The governing body of each political subdivision
shall designate an officer of the subdivision to administer
such accounting, reporting and other functions as will be
required for the effective operation of this plan within the
subdivision, as provided herein. The commissioner of
employment security or such other officer as the governor
may designate, shall perform or supervise those functions
with respect to employees of the subdivision comprising the
state, its agencies, instrumentalities and institutions of higher
learning; and shall serve as the representative of the participating political subdivisions in the administration of this plan
with the secretary of health, education and welfare.
(13) The legislature shall designate the first day of any
month beginning with January, 1956, as the effective date of
OASI coverage for such employees, except that after January
1, 1958, the effective date may not be prior to the first day of
the current year.
The employer's contribution for any retroactive coverage
shall be transferred by the board of trustees from the teachers'
retirement pension reserve to the official designated by the
governor to administer the plan at the state level.
[Title 41 RCW—page 177]
41.33.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
Each employee's contributions for any retroactive coverage shall be transferred by the board of trustees from his
accumulated contributions in the teachers' retirement fund, to
the official designated above. Each employee, if he so
desires, may, within one year from the date of transfer, reimburse his accumulated contributions for the amount so transferred.
(14) The governor may terminate the operation of this
plan in its entirety with respect to any political subdivision, in
his discretion, if he finds that the subdivision has failed to
comply substantially with any requirement or provision of
this plan. The plan shall not be so terminated until reasonable
notice and opportunity for hearing thereon have been given to
the subdivision under such conditions, consistent with the
provisions of the social security act, as shall have been established in regulations by the governor. [1992 c 212 § 12; 1973
1st ex.s. c 154 § 77; 1957 c 183 § 2.]
*Reviser's note: The "OASI contribution fund" was redesignated the
"OASI contribution account" by 1991 sp.s. c 13 § 112.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
41.33.030 Effective date for coverage of members.
The effective date of OASI coverage for members of the
teachers' retirement system shall be January 1, 1956: PROVIDED, That should the agreement between the governor
and the secretary of health, education and welfare be executed subsequent to December 31, 1957, the effective date of
coverage shall be that specified in the agreement. [1957 c
183 § 5.]
41.33.030
41.33.900 Severability—1957 c 183. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1957 c 183 § 6.]
41.33.900
Chapter 41.34 RCW
PLAN 3 RETIREMENT SYSTEM CONTRIBUTIONS
Chapter 41.34
(Formerly: Contributions under teachers' retirement system plan 3)
Sections
41.34.010
41.34.020
41.34.030
41.34.040
41.34.050
41.34.060
41.34.070
41.34.080
41.34.090
41.34.100
41.34.110
41.34.120
41.34.130
41.34.140
Purpose.
Definitions.
Application of chapter—Plan 3 elements.
Contributions—Rate structures—Annual option.
Legislature may contribute to members' accounts.
Members' accounts—Investment—Election.
Distribution options.
Benefits exempt from taxation, garnishment, other processes
of law—Exceptions.
Administration of chapter—Construction—Severability.
Benefits not contractual right until date specified.
Reentry.
Money, property, income held in trust.
Self-directed investment—Duties of state investment board
and department—Expenses—Recordkeeping.
Liability for loss or deficiencies—Limitations.
41.34.010 Purpose. The purpose of chapter 239, Laws
of 1995 is to:
(1) Provide a fair and reasonable value from the retirement system for those who leave public employment before
retirement;
(2) Increase flexibility for such employees to make transitions into other public or private sector employment;
41.34.010
[Title 41 RCW—page 178]
(3) Increase employee options for addressing retirement
needs, personal financial planning, and career transitions; and
(4) Continue the legislature's established policy of having employees contribute toward their retirement benefits.
[1995 c 239 § 201.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
41.34.020 Definitions. As used in this chapter, the following terms have the meanings indicated:
(1) "Actuary" means the state actuary or the office of the
state actuary.
(2) "Board" means the employee retirement benefits
board authorized in chapter 41.50 RCW.
(3) "Department" means the department of retirement
systems.
(4)(a) "Compensation" for teachers for purposes of this
chapter is the same as "earnable compensation" for plan 3 in
chapter 41.32 RCW except that the compensation may be
reported when paid, rather than when earned.
(b) "Compensation" for classified employees for purposes of this chapter is the same as "compensation earnable"
for plan 3 in RCW 41.35.010, except that the compensation
may be reported when paid, rather than when earned.
(c) "Compensation" for public employees for purposes
of this chapter is the same as "compensation earnable" for
plan 3 in RCW 41.40.010, except that the compensation may
be reported when paid, rather than when earned.
(5)(a) "Employer" for teachers for purposes of this chapter means the same as "employer" for plan 3 in chapter 41.32
RCW.
(b) "Employer" for classified employees for purposes of
this chapter means the same as "employer" for plan 3 in RCW
41.35.010.
(c) "Employer" for public employees for purposes of this
chapter means the same as "employer" for plan 3 in RCW
41.40.010.
(6) "Member" means any employee included in the
membership of a retirement system as provided for in chapter
41.32 RCW of plan 3, chapter 41.35 RCW of plan 3, or chapter 41.40 RCW of plan 3.
(7) "Member account" or "member's account" means the
sum of the contributions and earnings on behalf of the member.
(8) "Retiree" means any member in receipt of an allowance or other benefit provided by this chapter resulting from
service rendered to an employer by such member.
(9) "Teacher" means a member of the teachers' retirement system plan 3 as defined in RCW 41.32.010(29).
(10) "Classified employee" means a member of the
school employees' retirement system plan 3 as defined in
RCW 41.35.010.
(11) "Public employee" means a member of the public
employees' retirement system plan 3 as defined in RCW
41.40.010. [2000 c 247 § 401; 1998 c 341 § 301; 1996 c 39 §
13; 1995 c 239 § 202.]
41.34.020
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—1996 c 39: See note following RCW 41.32.010.
(2004 Ed.)
Plan 3 Retirement System Contributions
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
41.34.030
41.34.030 Application of chapter—Plan 3 elements.
(1) This chapter applies only to members of plan 3 retirement
systems created under chapters 41.32, 41.35, and 41.40
RCW.
(2) Plan 3 consists of two separate elements:
(a) A defined benefit portion covered under:
(i) Sections 101 through 117, chapter 239, Laws of 1995;
or
(ii) Sections 1 through 25 and 201 through 213, chapter
341, Laws of 1998; or
(iii) Sections 101 through 316, chapter 247, Laws of
2000; and
(b) A defined contribution portion covered under this
chapter. Unless specified otherwise, all references to "plan 3"
in this chapter refer to the defined contribution portion of
plan 3. [2000 c 247 § 402; 1998 c 341 § 302; 1995 c 239 §
203.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
41.34.040
41.34.040 Contributions—Rate structures—Annual
option. (1) A member shall contribute from his or her compensation according to one of the following rate structures in
addition to the mandatory minimum five percent:
Option A
All Ages
Option B
Up to Age 35
Age 35 to 44
Age 45 and above
Option C
Up to Age 35
Age 35 to 44
Age 45 and above
Option D
All Ages
Option E
All Ages
Option F
All Ages
Contribution Rate
0.0% fixed
0.0%
1.0%
2.5%
school employees' retirement system entering plan 3 under
RCW 41.35.610, within ninety days of becoming a member
he or she has an option to choose one of the above contribution rate structures. If the member does not select an option
within the ninety-day period, he or she shall be assigned
option A.
(b) For members of the public employees' retirement
system entering plan 3 under RCW 41.40.785, within the
ninety days described in RCW 41.40.785 an employee who
irrevocably chooses plan 3 shall select one of the above contribution rate structures. If the member does not select an
option within the ninety-day period, he or she shall be
assigned option A.
(c) For members of the teachers' retirement system transferring to plan 3 under RCW 41.32.817, members of the
school employees' retirement system transferring to plan 3
under RCW 41.35.510, or members of the public employees'
retirement system transferring to plan 3 under RCW
41.40.795, upon election to plan 3 he or she must choose one
of the above contribution rate structures.
(d) Within ninety days of the date that an employee
changes employers, he or she has an option to choose one of
the above contribution rate structures. If the member does
not select an option within this ninety-day period, he or she
shall be assigned option A.
(4) Each year, members may change their contribution
rate option by notifying their employer in writing during the
month of January.
(5) Contributions shall begin the first day of the pay
cycle in which the rate option is made, or the first day of the
pay cycle in which the end of the ninety-day period occurs.
[2003 c 156 § 1; 2000 c 247 § 403; 1996 c 39 § 14; 1995 c 239
§ 204.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
41.34.050
1.0%
2.5%
3.5%
2.0%
41.34.050 Legislature may contribute to members'
accounts. The legislature may authorize contributions to the
members' accounts for a biennium through budget appropriation. [1995 c 239 § 205.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
41.34.060 Members' accounts—Investment—Election. (1) Except as provided in subsection (3) of this section,
the member's account shall be invested by the state investment board. In order to reduce transaction costs and address
liquidity issues, based upon recommendations of the state
investment board, the department may require members to
provide up to ninety days' notice prior to moving funds from
the state investment board portfolio to self-directed investment options provided under subsection (3) of this section.
(a) For members of the retirement system as provided for
in chapter 41.32 RCW of plan 3, investment shall be in the
same portfolio as that of the teachers' retirement system combined plan 2 and 3 fund under RCW 41.50.075(2).
41.34.060
5.0%
10.0%
(2) The board shall have the right to offer contribution
rate options in addition to those listed in subsection (1) of this
section, provided that no significant additional administrative
costs are created. All options offered by the board shall conform to the requirements stated in subsections (3) and (5) of
this section.
(3)(a) For members of the teachers' retirement system
entering plan 3 under RCW 41.32.835 or members of the
(2004 Ed.)
41.34.060
[Title 41 RCW—page 179]
41.34.070
Title 41 RCW: Public Employment, Civil Service, and Pensions
(b) For members of the retirement system as provided for
in chapter 41.35 RCW of plan 3, investment shall be in the
same portfolio as that of the school employees' retirement
system combined plan 2 and 3 fund under RCW
41.50.075(4).
(c) For members of the retirement system as provided for
in chapter 41.40 RCW of plan 3, investment shall be in the
same portfolio as that of the public employees' retirement
system combined plan 2 and 3 fund under RCW
41.50.075(3).
(2) The state investment board shall declare monthly unit
values for the portfolios or funds, or portions thereof, utilized
under subsection (1)(a), (b), and (c) of this section. The
declared values shall be an approximation of portfolio or
fund values, based on internal procedures of the state investment board. Such declared unit values and internal procedures shall be in the sole discretion of the state investment
board. The state investment board may delegate any of the
powers and duties under this subsection, including discretion,
pursuant to RCW 43.33A.030. Member accounts shall be
credited by the department with a rate of return based on
changes to such unit values.
(3) Members may elect to self-direct their investments as
set forth in RCW 41.34.130 and 43.33A.190. [2001 c 180 §
2; 2000 c 247 § 404; 1999 c 265 § 1; 1998 c 341 § 303; 1996
c 39 § 15; 1995 c 239 § 206.]
Effective date—2001 c 180 §§ 1 and 2: See note following RCW
41.45.061.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: "Sections 303, 306 through 309, 404, 505,
507, 515, 701, 707, and 710 through 713 of this act are necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and take effect
immediately [April 3, 1998]." [1998 c 341 § 716.]
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
41.34.070
41.34.070 Distribution options. (1) If the member
retires, becomes disabled, or otherwise terminates employment, the balance in the member's account may be distributed
in accordance with an option selected by the member either
as a lump sum or pursuant to other options authorized by the
board.
(2) If the member dies while in service, the balance of
the member's account may be distributed in accordance with
an option selected by the member either as a lump sum or
pursuant to other options authorized by the board. The distribution shall be made to such person or persons as the member
shall have nominated by written designation duly executed
and filed with the department. If there be no such designated
person or persons still living at the time of the member's
death, the balance of the member's account in the retirement
system, less any amount identified as owing to an obligee
upon withdrawal of such account balance pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there is no surviving
spouse, then to such person or persons, trust, or organization
[Title 41 RCW—page 180]
as the member shall have nominated by written designation
duly executed and filed with the department.
(3) If a member has a terminal illness and terminates
from employment, the member may choose to have the balance in the member's account distributed as a lump sum payment based on the most recent valuation in order to expedite
the distribution. The department shall make this payment
within ten working days after receipt of notice of termination
of employment, documentation verifying the terminal illness,
and an application for payment.
(4) The distribution under subsections (1), (2), or (3) of
this section shall be less any amount identified as owing to an
obligee upon withdrawal pursuant to a court order filed under
RCW 41.50.670. [1998 c 117 § 1; 1995 c 239 § 207.]
Effective date—1998 c 117: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 23, 1998]." [1998 c 117 § 2.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
41.34.080
41.34.080 Benefits exempt from taxation, garnishment, other processes of law—Exceptions. (1) Subject to
subsections (2) and (3) of this section, the right of a person to
a pension, an annuity, a retirement allowance, any optional
benefit, any other right accrued or accruing to any person
under the provisions of this chapter, and the various funds
created by chapter 239, Laws of 1995; chapter 341, Laws of
1998; and chapter 247, Laws of 2000 and all moneys and
investments and income thereof, is hereby exempt from any
state, county, municipal, or other local tax, and shall not be
subject to execution, garnishment, attachment, the operation
of bankruptcy or insolvency laws, or other process of law
whatsoever, and shall be unassignable.
(2) This section shall not be deemed to prohibit a beneficiary of a retirement allowance from authorizing deductions
therefrom for payment of premiums due on any group insurance policy or plan issued for the benefit of a group comprised of public employees of the state of Washington or its
political subdivisions and that has been approved for deduction in accordance with rules that may be adopted by the state
health care authority and/or the department. This section shall
not be deemed to prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of
dues and other membership fees to any retirement association
or organization the membership of which is composed of
retired public employees, if a total of three hundred or more
of such retired employees have authorized such deduction for
payment to the same retirement association or organization.
(3) Subsection (1) of this section shall not prohibit the
department from complying with (a) a wage assignment
order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant to
chapter 74.20A RCW, (c) a notice of payroll deduction
issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order
directing the department to pay benefits directly to an obligee
under a dissolution order as defined in RCW 41.50.500(3)
which fully complies with RCW 41.50.670 and 41.50.700, or
(f) any administrative or court order expressly authorized by
(2004 Ed.)
Plan 3 Retirement System Contributions
federal law. [2000 c 247 § 405; 1998 c 341 § 304; 1995 c 239
§ 208.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
41.34.140
41.34.120
41.34.120 Money, property, income held in trust. All
moneys in members' accounts, all property and rights purchased therewith, and all income attributable thereto, shall be
held in trust by the state investment board, as set forth under
RCW 43.33A.030, for the exclusive benefit of the members
and their beneficiaries. [1998 c 341 § 306.]
Effective date—1998 c 341: See note following RCW 41.34.060.
41.34.130
41.34.090
41.34.090 Administration of chapter—Construction—Severability. (1) The retirement plan created by this
chapter shall be administered so as to comply with the federal
Internal Revenue Code, Title 26 U.S.C., and specifically with
plan qualification requirements imposed on governmental
plans by section 401(a) of the Internal Revenue Code.
(2) Any section or provision of this chapter which may
be susceptible to more than one construction shall be interpreted in favor of the construction most likely to satisfy
requirements imposed by section 401(a) of the Internal Revenue Code.
(3) If any section or provision of this chapter is found to
be in conflict with the plan qualification requirements for
governmental plans in section 401(a) of the Internal Revenue
Code, the conflicting part of this chapter is hereby inoperative solely to the extent of the conflict, and such finding shall
not affect the operation of the remainder of this chapter.
[1995 c 239 § 209.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
41.34.100
41.34.100 Benefits not contractual right until date
specified. (1) The benefits provided pursuant to chapter 239,
Laws of 1995 are not provided to employees as a matter of
contractual right prior to July 1, 1996. The legislature retains
the right to alter or abolish these benefits at any time prior to
July 1, 1996.
(2) The benefits provided pursuant to chapter 341, Laws
of 1998 are not provided to employees as a matter of contractual right prior to September 1, 2000. The legislature retains
the right to alter or abolish these benefits at any time prior to
September 1, 2000.
(3) The benefits provided pursuant to chapter 247, Laws
of 2000 are not provided to employees as a matter of contractual right prior to March 1, 2002. The legislature retains the
right to alter or abolish these benefits at any time prior to
March 1, 2002. [2000 c 247 § 406; 1998 c 341 § 305; 1995 c
239 § 325.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
41.34.130 Self-directed investment—Duties of state
investment board and department—Expenses—Recordkeeping. (1) The state investment board has the full authority to invest all self-directed investment moneys in accordance with RCW 43.84.150 and 43.33A.140, and cumulative
investment directions received pursuant to RCW 41.34.060
and this section. In carrying out this authority the state investment board, after consultation with the employee retirement
benefits board regarding any recommendations made pursuant to RCW 41.50.088(1)(b), shall provide a set of options for
members to choose from for self-directed investment.
(2) All investment and operating costs of the state investment board associated with making self-directed investments
shall be paid by members and recovered under procedures
agreed to by the board and the state investment board pursuant to the principles set forth in RCW 43.33A.160 and
43.84.160. All other expenses caused by self-directed investment shall be paid by the member in accordance with rules
established by the board under RCW 41.50.088. With the
exception of these expenses, all earnings from self-directed
investments shall accrue to the member's account.
(3)(a)(i) The department shall keep or cause to be kept
full and adequate accounts and records of each individual
member's account. The department shall account for and
report on the investment of defined contribution assets or
may enter into an agreement with the state investment board
for such accounting and reporting under this chapter.
(ii) The department's duties related to individual participant accounts include conducting the activities of trade
instruction, settlement activities, and direction of cash movement and related wire transfers with the custodian bank and
outside investment firms.
(iii) The department has sole responsibility for contracting with any recordkeepers for individual participant
accounts and shall manage the performance of recordkeepers
under those contracts.
(b)(i) The department's duties under (a)(ii) of this subsection do not limit the authority of the state investment
board to conduct its responsibilities for asset management
and balancing of the deferred compensation funds.
(ii) The state investment board has sole responsibility for
contracting with outside investment firms to provide investment management for the deferred compensation funds and
shall manage the performance of investment managers under
those contracts.
(c) The state treasurer shall designate and define the
terms of engagement for the custodial banks. [2001 c 181 §
3; 1998 c 341 § 307.]
41.34.110
41.34.110 Reentry. A member who separates from service and then reestablishes membership may restore contributions to the member account. [1996 c 39 § 12.]
Effective dates—1996 c 39: See note following RCW 41.32.010.
(2004 Ed.)
Effective date—1998 c 341: See note following RCW 41.34.060.
41.34.140
41.34.140 Liability for loss or deficiencies—Limitations. (1) A state board or commission, agency, or any
[Title 41 RCW—page 181]
Chapter 41.35
Title 41 RCW: Public Employment, Civil Service, and Pensions
officer, employee, or member thereof is not liable for any loss
or deficiency resulting from member defined contribution
investments selected or required pursuant to RCW 41.34.060
(1) or (3).
(2) Neither the board nor the state investment board, nor
any officer, employee, or member thereof is liable for any
loss or deficiency resulting from reasonable efforts to implement investment directions pursuant to RCW 41.34.060 (1)
or (3).
(3) The state investment board, or any officer, employee,
or member thereof is not liable with respect to any declared
monthly unit valuations or crediting of rates of return, or any
other exercise of powers or duties, including discretion,
under RCW 41.34.060(2).
(4) The department, or any officer or employee thereof,
is not liable for crediting rates of return which are consistent
with the state investment board's declaration of monthly unit
valuations pursuant to RCW 41.34.060(2). [1999 c 265 § 2;
1998 c 341 § 308.]
41.35.440
41.35.450
41.35.460
41.35.470
41.35.473
41.35.480
41.35.490
41.35.500
41.35.510
41.35.599
PLAN 3
41.35.600
41.35.610
41.35.612
41.35.620
41.35.630
41.35.640
41.35.650
41.35.653
41.35.660
41.35.670
41.35.680
41.35.690
Effective date—1998 c 341: See note following RCW 41.34.060.
41.35.700
Chapter 41.35
Chapter 41.35 RCW
WASHINGTON SCHOOL EMPLOYEES'
RETIREMENT SYSTEM
Earned disability allowance—Disposition upon death of recipient.
Application for and effective date of retirement allowances.
Death benefits.
Leaves of absence, military service.
Purchase of additional service credit—Costs—Rules.
Vested membership.
Refund of contributions.
Reentry.
Transfer to plan 3—Irrevocable option.
Provisions applicable to plan 2.
41.35.710
41.35.720
41.35.900
41.35.901
Provisions applicable to plan 3—Plan 3 elements.
Membership in plan 3.
Right to waive benefit—Irrevocable choice.
Computation of retirement allowance.
Additional payment.
Application for and effective date of retirement allowances.
Leaves of absence, military service.
Purchase of additional service credit—Costs—Rules.
Purchased service credit—Allocation.
Lump sum payments—Reentry.
Retirement eligibility.
Earned disability allowance—Disposition upon death of recipient.
Restored, purchased service credit under plan 2—Transfer to
plan 3.
Death benefits.
Employer contribution rates.
Benefits not contractual right until September 1, 2000.
Effective date—1998 c 341.
Numerical designations—1998 c 341: See note following chapter
41.26 RCW digest.
Sections
PROVISIONS APPLICABLE TO PLAN 2 AND PLAN 3
41.35.005
41.35.010
41.35.020
41.35.025
41.35.030
41.35.033
41.35.040
41.35.050
41.35.060
41.35.070
41.35.080
41.35.090
41.35.100
41.35.110
41.35.115
41.35.120
41.35.130
41.35.140
41.35.150
41.35.160
41.35.170
41.35.180
41.35.190
41.35.200
41.35.210
41.35.220
41.35.230
41.35.399
Intent.
Definitions.
System created—Administration.
Contingent application of chapter to charter schools.
Membership.
Membership—Service credit—Substitute employees—Rules.
Nonelective position held for at least nine months—Deemed
to be eligible position, when.
Information furnished by employees, appointive and elective
officials.
Reduction of retirement allowance upon reemployment—
Reestablishment of membership.
Duty disability retirement recipients—Continued service
credit.
Members agree to deductions.
Employer's contribution—Computation—Billing.
Exemption from taxation and judicial process—Exceptions—
Assignability—Deductions authorized.
Disability retirement—Criminal conduct.
Death benefit—Course of employment.
False statements—Penalty.
Transfer of service credit from statewide city employees'
retirement system.
Hearing prior to appeal required—Notice.
Hearing prior to appeal required—Conduct of hearing.
Judicial review in accordance with administrative procedure
act.
Appeal—No bond required.
Service credit—Computation.
Effect of certain accumulated vacation leave on retirement
benefits.
Benefit calculation—Limitation.
Post-retirement cost-of-living.
Options for payment of retirement allowances—Courtapproved property settlement.
Suspension of retirement allowance upon reemployment—
Exceptions—Reinstatement.
Provisions applicable to plan 2 and plan 3.
PLAN 2
41.35.400
41.35.410
41.35.420
41.35.430
Computation of retirement allowance.
Lump sum retirement allowance—Reentry—Reinstatement of
service.
Retirement eligibility.
Employer and member contribution rates.
[Title 41 RCW—page 182]
PROVISIONS APPLICABLE TO PLAN 2 AND PLAN 3
41.35.005
41.35.005 Intent. The legislature recognizes that teachers and school district employees share the same educational
work environment and academic calendar.
It is the intent of the legislature to achieve similar retirement benefits for all educational employees by transferring
the membership of classified school employees in the public
employees' retirement system plan 2 to the Washington
school employees' retirement system plan 2. The transfer of
membership to the Washington school employees' retirement
system plan 2 is not intended to cause a diminution or expansion of benefits for affected members. It is enacted solely to
provide public employees working under the same conditions
with the same options for retirement planning.
As members of the Washington school employees'
retirement system plan 2, classified employees will have the
same opportunity to transfer to the Washington school
employees' retirement system plan 3 as their certificated
coworkers. The ability to transfer to the Washington school
employees' retirement system plan 3 offers members a new
public retirement system that balances flexibility with stability; provides increased employee control of investments and
responsible protection of the public's investment in employee
benefits; and encourages the pursuit of public sector careers
without creating barriers to other public or private sector
employment. [1998 c 341 § 1.]
41.35.010
41.35.010 Definitions. The definitions in this section
apply throughout this chapter, unless the context clearly
requires otherwise.
(1) "Retirement system" means the Washington school
employees' retirement system provided for in this chapter.
(2004 Ed.)
Washington School Employees' Retirement System
(2) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(3) "State treasurer" means the treasurer of the state of
Washington.
(4) "Employer," for plan 2 and plan 3 members, means a
school district or an educational service district.
(5) "Member" means any employee included in the
membership of the retirement system, as provided for in
RCW 41.35.030.
(6)(a) "Compensation earnable" for plan 2 and plan 3
members, means salaries or wages earned by a member during a payroll period for personal services, including overtime
payments, and shall include wages and salaries deferred
under provisions established pursuant to sections 403(b),
414(h), and 457 of the United States internal revenue code,
but shall exclude nonmoney maintenance compensation and
lump sum or other payments for deferred annual sick leave,
unused accumulated vacation, unused accumulated annual
leave, or any form of severance pay.
(b) "Compensation earnable" for plan 2 and plan 3 members also includes the following actual or imputed payments,
which are not paid for personal services:
(i) Retroactive payments to an individual by an employer
on reinstatement of the employee in a position, or payments
by an employer to an individual in lieu of reinstatement,
which are awarded or granted as the equivalent of the salary
or wage which the individual would have earned during a
payroll period shall be considered compensation earnable to
the extent provided in this subsection, and the individual shall
receive the equivalent service credit;
(ii) In any year in which a member serves in the legislature, the member shall have the option of having such member's compensation earnable be the greater of:
(A) The compensation earnable the member would have
received had such member not served in the legislature; or
(B) Such member's actual compensation earnable
received for nonlegislative public employment and legislative service combined. Any additional contributions to the
retirement system required because compensation earnable
under (b)(ii)(A) of this subsection is greater than compensation earnable under this (b)(ii)(B) of this subsection shall be
paid by the member for both member and employer contributions;
(iii) Assault pay only as authorized by RCW 27.04.100,
72.01.045, and 72.09.240;
(iv) Compensation that a member would have received
but for a disability occurring in the line of duty only as authorized by RCW 41.40.038;
(v) Compensation that a member receives due to participation in the leave sharing program only as authorized by
RCW 41.04.650 through 41.04.670; and
(vi) Compensation that a member receives for being in
standby status. For the purposes of this section, a member is
in standby status when not being paid for time actually
worked and the employer requires the member to be prepared
to report immediately for work, if the need arises, although
the need may not arise.
(7) "Service" for plan 2 and plan 3 members means periods of employment by a member in an eligible position or
positions for one or more employers for which compensation
earnable is paid. Compensation earnable earned for ninety or
(2004 Ed.)
41.35.010
more hours in any calendar month shall constitute one service
credit month except as provided in RCW 41.35.180. Compensation earnable earned for at least seventy hours but less
than ninety hours in any calendar month shall constitute onehalf service credit month of service. Compensation earnable
earned for less than seventy hours in any calendar month
shall constitute one-quarter service credit month of service.
Time spent in standby status, whether compensated or not, is
not service.
Any fraction of a year of service shall be taken into
account in the computation of such retirement allowance or
benefits.
(a) Service in any state elective position shall be deemed
to be full-time service.
(b) A member shall receive a total of not more than
twelve service credit months of service for such calendar
year. If an individual is employed in an eligible position by
one or more employers the individual shall receive no more
than one service credit month during any calendar month in
which multiple service for ninety or more hours is rendered.
(c) For purposes of plan 2 and 3 "forty-five days" as used
in RCW 28A.400.300 is equal to two service credit months.
Use of less than forty-five days of sick leave is creditable as
allowed under this subsection as follows:
(i) Less than eleven days equals one-quarter service
credit month;
(ii) Eleven or more days but less than twenty-two days
equals one-half service credit month;
(iii) Twenty-two days equals one service credit month;
(iv) More than twenty-two days but less than thirty-three
days equals one and one-quarter service credit month; and
(v) Thirty-three or more days but less than forty-five
days equals one and one-half service credit month.
(8) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(9) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.
(10) "Membership service" means all service rendered as
a member.
(11) "Beneficiary" for plan 2 and plan 3 members means
any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered
to an employer by another person.
(12) "Regular interest" means such rate as the director
may determine.
(13) "Accumulated contributions" means the sum of all
contributions standing to the credit of a member in the member's individual account, including any amount paid under
RCW 41.50.165(2), together with the regular interest
thereon.
(14) "Average final compensation" for plan 2 and plan 3
members means the member's average compensation earnable of the highest consecutive sixty months of service credit
months prior to such member's retirement, termination, or
death. Periods constituting authorized leaves of absence may
not be used in the calculation of average final compensation
except under RCW 41.40.710(2).
(15) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of
employment.
[Title 41 RCW—page 183]
41.35.020
Title 41 RCW: Public Employment, Civil Service, and Pensions
(16) "Annuity" means payments for life derived from
accumulated contributions of a member. All annuities shall
be paid in monthly installments.
(17) "Pension" means payments for life derived from
contributions made by the employer. All pensions shall be
paid in monthly installments.
(18) "Retirement allowance" for plan 2 and plan 3 members means monthly payments to a retiree or beneficiary as
provided in this chapter.
(19) "Employee" or "employed" means a person who is
providing services for compensation to an employer, unless
the person is free from the employer's direction and control
over the performance of work. The department shall adopt
rules and interpret this subsection consistent with common
law.
(20) "Actuarial equivalent" means a benefit of equal
value when computed upon the basis of such mortality and
other tables as may be adopted by the director.
(21) "Retirement" means withdrawal from active service
with a retirement allowance as provided by this chapter.
(22) "Eligible position" means any position that, as
defined by the employer, normally requires five or more
months of service a year for which regular compensation for
at least seventy hours is earned by the occupant thereof. For
purposes of this chapter an employer shall not define "position" in such a manner that an employee's monthly work for
that employer is divided into more than one position.
(23) "Ineligible position" means any position which does
not conform with the requirements set forth in subsection
(22) of this section.
(24) "Leave of absence" means the period of time a
member is authorized by the employer to be absent from service without being separated from membership.
(25) "Retiree" means any person who has begun accruing a retirement allowance or other benefit provided by this
chapter resulting from service rendered to an employer while
a member.
(26) "Director" means the director of the department.
(27) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(28) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(29) "Plan 2" means the Washington school employees'
retirement system plan 2 providing the benefits and funding
provisions covering persons who first became members of
the public employees' retirement system on and after October
1, 1977, and transferred to the Washington school employees'
retirement system under RCW 41.40.750.
(30) "Plan 3" means the Washington school employees'
retirement system plan 3 providing the benefits and funding
provisions covering persons who first became members of
the system on and after September 1, 2000, or who transfer
from plan 2 under RCW 41.35.510.
(31) "Index" means, for any calendar year, that year's
annual average consumer price index, Seattle, Washington
area, for urban wage earners and clerical workers, all items,
compiled by the bureau of labor statistics, United States
department of labor.
(32) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
[Title 41 RCW—page 184]
(33) "Index B" means the index for the year prior to
index A.
(34) "Adjustment ratio" means the value of index A
divided by index B.
(35) "Separation from service" occurs when a person has
terminated all employment with an employer.
(36) "Member account" or "member's account" for purposes of plan 3 means the sum of the contributions and earnings on behalf of the member in the defined contribution portion of plan 3.
(37) "Classified employee" means an employee of a
school district or an educational service district who is not
eligible for membership in the teachers' retirement system
established under chapter 41.32 RCW.
(38) "Substitute employee" means a classified employee
who is employed by an employer exclusively as a substitute
for an absent employee. [2003 c 157 § 1; 2001 c 180 § 3;
1998 c 341 § 2.]
41.35.020
41.35.020 System created—Administration. A retirement system is hereby created for the employees of school
districts or educational service districts. The administration
and management of the retirement system, the responsibility
for making effective the provisions of this chapter, and the
authority to make all rules necessary therefor are hereby
vested in the department. All such rules shall be governed by
the provisions of chapter 34.05 RCW. This retirement system
shall be known as the Washington school employees' retirement system. [1998 c 341 § 3.]
41.35.025
41.35.025 Contingent application of chapter to charter schools. (Effective unless Referendum Measure No. 55
is approved at the November 2004 general election.) This
section designates charter schools as employers and charter
school employees as members, and applies only if the department of retirement systems receives determinations from the
internal revenue service and the United States department of
labor that participation does not jeopardize the status of these
retirement systems as governmental plans under the federal
employees' retirement income security act and the internal
revenue code. [2004 c 22 § 22.]
Severability—2004 c 22: See RCW 28A.208.901.
41.35.030
41.35.030 Membership. Membership in the retirement
system shall consist of all regularly compensated classified
employees and appointive and elective officials of employers, as defined in this chapter, with the following exceptions:
(1) Persons in ineligible positions;
(2)(a) Persons holding elective offices or persons
appointed directly by the governor: PROVIDED, That such
persons shall have the option of applying for membership
during such periods of employment: AND PROVIDED
FURTHER, That any persons holding or who have held elective offices or persons appointed by the governor who are
members in the retirement system and who have, prior to
becoming such members, previously held an elective office,
and did not at the start of such initial or successive terms of
office exercise their option to become members, may apply
for membership to be effective during such term or terms of
office, and shall be allowed to establish the service credit
(2004 Ed.)
Washington School Employees' Retirement System
applicable to such term or terms of office upon payment of
the employee contributions therefor by the employee with
interest as determined by the director and employer contributions therefor by the employer or employee with interest as
determined by the director: AND PROVIDED FURTHER,
That all contributions with interest submitted by the
employee under this subsection shall be placed in the
employee's individual account in the employee's savings fund
and be treated as any other contribution made by the
employee, with the exception that any contributions submitted by the employee in payment of the employer's obligation,
together with the interest the director may apply to the
employer's contribution, shall not be considered part of the
member's annuity for any purpose except withdrawal of contributions;
(b) A member holding elective office who has elected to
apply for membership pursuant to (a) of this subsection and
who later wishes to be eligible for a retirement allowance
shall have the option of ending his or her membership in the
retirement system. A member wishing to end his or her membership under this subsection must file on a form supplied by
the department a statement indicating that the member agrees
to irrevocably abandon any claim for service for future periods served as an elected official. A member who receives
more than fifteen thousand dollars per year in compensation
for his or her elective service, adjusted annually for inflation
by the director, is not eligible for the option provided by this
subsection (2)(b);
(3) Retirement system retirees: PROVIDED, That following reemployment in an eligible position, a retiree may
elect to prospectively become a member of the retirement
system if otherwise eligible;
(4) Persons enrolled in state-approved apprenticeship
programs, authorized under chapter 49.04 RCW, and who are
employed by employers to earn hours to complete such
apprenticeship programs, if the employee is a member of a
union-sponsored retirement plan and is making contributions
to such a retirement plan or if the employee is a member of a
Taft-Hartley retirement plan;
(5) Persons rendering professional services to an
employer on a fee, retainer, or contract basis or when the
income from these services is less than fifty percent of the
gross income received from the person's practice of a profession;
(6) Substitute employees, except for the purposes of the
purchase of service credit under rcw 41.35.033. Upon the
return or termination of the absent employee a substitute
employee is replacing, that substitute employee shall no
longer be ineligible under this subsection;
(7) Employees who (a) are not citizens of the United
States, (b) do not reside in the United States, and (c) perform
duties outside of the United States;
(8) Employees who (a) are not citizens of the United
States, (b) are not covered by chapter 41.48 RCW, (c) are not
excluded from membership under this chapter or chapter
41.04 RCW, (d) are residents of this state, and (e) make an
irrevocable election to be excluded from membership, in
writing, which is submitted to the director within thirty days
after employment in an eligible position;
(9) Employees who are citizens of the United States and
who reside and perform duties for an employer outside of the
(2004 Ed.)
41.35.033
United States: PROVIDED, That unless otherwise excluded
under this chapter or chapter 41.04 RCW, the employee may
apply for membership (a) within thirty days after employment in an eligible position and membership service credit
shall be granted from the first day of membership service,
and (b) after this thirty-day period, but membership service
credit shall be granted only if payment is made for the noncredited membership service under RCW 41.50.165(2), otherwise service shall be from the date of application. [2003 c
157 § 2; 1998 c 341 § 4.]
41.35.033
41.35.033 Membership—Service credit—Substitute
employees—Rules. (1) A substitute employee who works
five or more months of seventy or more hours for which earnable compensation is paid in a school year may apply to the
department to establish membership after the end of the
school year during which the work was performed. The
application must:
(a) Include a list of the employers the substitute
employee has worked for;
(b) Include proof of hours worked and compensation
earned; and
(c) Be made prior to retirement.
(2) Substitute employees who are members may apply to
the department to receive service after the end of the last day
of instruction of the school year during which the service was
performed. The application must:
(a) Include a list of the employers the substitute
employee has worked for;
(b) Include proof of hours worked and compensation
earned; and
(c) Be made prior to retirement.
(3) If the department accepts the substitute employee's
application for service credit, the substitute employee may
obtain service credit by paying the required contribution to
the retirement system. The employer must pay the required
employer contribution upon notice from the department that
the substitute employee has made contributions under this
section.
(4) The department shall charge interest prospectively on
employee contributions that are submitted under this section
more than six months after the end of the school year, as
defined in RCW 28A.150.040, for which the substitute
employee is seeking service credit. The interest rate charged
to the employee shall take into account interest lost on
employer contributions delayed for more than six months
after the end of the school year.
(5) Each employer shall quarterly notify each substitute
employee it has employed during the school year of the number of hours worked by, and the compensation paid to, the
substitute employee.
(6) If a substitute employee, as defined in RCW
41.35.010(38), applies to the department under this section
for credit for earnable compensation earned from an
employer, the substitute employee must make contributions
for all periods of service for that employer.
(7) The department shall adopt rules implementing this
section. [2003 c 157 § 3.]
[Title 41 RCW—page 185]
41.35.040
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.35.040 Nonelective position held for at least nine
months—Deemed to be eligible position, when. Any person who has been employed in a nonelective position for at
least nine months and who has made member contributions
required under this chapter throughout such period, shall be
deemed to have been in an eligible position during such
period of employment. [1998 c 341 § 5.]
41.35.040
41.35.050
41.35.050 Information furnished by employees,
appointive and elective officials. Within thirty days after
his or her employment or his or her acceptance into membership each employee or appointive or elective official shall
submit to the department a statement of his or her name and
such other information as the department shall require. Compliance with the provisions set forth in this section shall be
considered to be a condition of employment and failure by an
employee to comply may result in separation from service.
[1998 c 341 § 6.]
41.35.060 Reduction of retirement allowance upon
reemployment—Reestablishment of membership. (Effective until July 1, 2006.) (1)(a) If a retiree enters employment
with an employer sooner than one calendar month after his or
her accrual date, the retiree's monthly retirement allowance
will be reduced by five and one-half percent for every eight
hours worked during that month. This reduction will be
applied each month until the retiree remains absent from
employment with an employer for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred sixty hours
per month. Any benefit reduction over one hundred percent
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
(2) A retiree who has satisfied the break in employment
requirement of subsection (1) of this section may work up to
eight hundred sixty-seven hours per calendar year in an eligible position, as defined in RCW 41.32.010, 41.35.010, or
41.40.010, or as a fire fighter or law enforcement officer, as
defined in RCW 41.26.030, without suspension of his or her
benefit.
(3) If the retiree opts to reestablish membership under
RCW 41.35.030, he or she terminates his or her retirement
status and becomes a member. Retirement benefits shall not
accrue during the period of membership and the individual
shall make contributions and receive membership credit.
Such a member shall have the right to again retire if eligible
in accordance with RCW 41.35.420 or 41.35.680. However,
if the right to retire is exercised to become effective before
the member has rendered two uninterrupted years of service,
the retirement formula and survivor options the member had
at the time of the member's previous retirement shall be reinstated. [2001 2nd sp.s. c 10 § 11; 1998 c 341 § 7.]
41.35.060
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
41.35.060
41.35.060 Reduction of retirement allowance upon
reemployment—Reestablishment of membership. (Effective July 1, 2006.) (1)(a) If a retiree enters employment with
an employer sooner than one calendar month after his or her
accrual date, the retiree's monthly retirement allowance will
be reduced by five and one-half percent for every eight hours
[Title 41 RCW—page 186]
worked during that month. This reduction will be applied
each month until the retiree remains absent from employment
with an employer for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred sixty hours
per month. Any benefit reduction over one hundred percent
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
(2) A retiree who has satisfied the break in employment
requirement of subsection (1) of this section may work up to
eight hundred sixty-seven hours per calendar year in an eligible position, as defined in RCW 41.32.010, 41.35.010,
41.37.010, or 41.40.010, or as a fire fighter or law enforcement officer, as defined in RCW 41.26.030, without suspension of his or her benefit.
(3) If the retiree opts to reestablish membership under
RCW 41.35.030, he or she terminates his or her retirement
status and becomes a member. Retirement benefits shall not
accrue during the period of membership and the individual
shall make contributions and receive membership credit.
Such a member shall have the right to again retire if eligible
in accordance with RCW 41.35.420 or 41.35.680. However,
if the right to retire is exercised to become effective before
the member has rendered two uninterrupted years of service,
the retirement formula and survivor options the member had
at the time of the member's previous retirement shall be reinstated. [2004 c 242 § 64; 2001 2nd sp.s. c 10 § 11; 1998 c 341
§ 7.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
41.35.070
41.35.070 Duty disability retirement recipients—
Continued service credit. Those members subject to this
chapter who became disabled in the line of duty and who
received or are receiving benefits under Title 51 RCW or a
similar federal workers' compensation program shall receive
or continue to receive service credit subject to the following:
(1) No member may receive more than one month's service credit in a calendar month.
(2) No service credit under this section may be allowed
after a member separates or is separated without leave of
absence.
(3) Employer contributions shall be paid by the employer
at the rate in effect for the period of the service credited.
(4) Employee contributions shall be collected by the
employer and paid to the department at the rate in effect for
the period of service credited.
(5) Contributions shall be based on the regular compensation which the member would have received had the disability not occurred. If contribution payments are made retroactively, interest shall be charged at the rate set by the director on both employee and employer contributions. No service
credit shall be granted until the employee contribution has
been paid.
(6) The service and compensation credit shall not be
granted for a period to exceed twelve consecutive months.
(7) Should the legislature revoke the service credit
authorized under this section or repeal this section, no
affected employee is entitled to receive the credit as a matter
of contractual right. [1998 c 341 § 8.]
(2004 Ed.)
Washington School Employees' Retirement System
41.35.080
41.35.080 Members agree to deductions. The deductions from the compensation of members, provided for in
RCW 41.35.430, shall be made notwithstanding that the minimum compensation provided for by law for any member
shall be reduced thereby. Every member shall be deemed to
consent and agree to the deductions made and provided for in
this chapter and receipt in full for his or her salary or compensation, and payment, less the deductions, shall be a full and
complete discharge and acquittance of all claims and
demands whatsoever for the services rendered by the person
during the period covered by the payment, except as to benefits provided for under this chapter. [1998 c 341 § 9.]
41.35.090
41.35.090 Employer's contribution—Computation—
Billing. (1) The director shall report to each employer the
contribution rates required for the ensuing biennium or fiscal
year, whichever is applicable.
(2) Beginning September 1, 1990, the amount to be collected as the employer's contribution shall be computed by
applying the applicable rates established in chapter 41.45
RCW to the total compensation earnable of employer's members as shown on the current payrolls of the employer. Each
employer shall compute at the end of each month the amount
due for that month and the same shall be paid as are its other
obligations.
(3) In the event of failure, for any reason, of an employer
other than a political subdivision of the state to have remitted
amounts due for membership service of any of the employer's
members rendered during a prior biennium, the director shall
bill such employer for such employer's contribution together
with such charges as the director deems appropriate in accordance with RCW 41.50.120. Such billing shall be paid by the
employer as, and the same shall be, a proper charge against
any moneys available or appropriated to such employer for
payment of current biennial payrolls. [1998 c 341 § 10.]
41.35.100
41.35.100 Exemption from taxation and judicial process—Exceptions—Assignability—Deductions authorized. (1) Subject to subsections (2) and (3) of this section,
the right of a person to a pension, an annuity, or retirement
allowance, any optional benefit, any other right accrued or
accruing to any person under the provisions of this chapter,
the various funds created by this chapter, and all moneys and
investments and income thereof, are hereby exempt from any
state, county, municipal, or other local tax, and shall not be
subject to execution, garnishment, attachment, the operation
of bankruptcy or insolvency laws, or other process of law
whatsoever, and shall be unassignable.
(2) This section does not prohibit a beneficiary of a
retirement allowance from authorizing deductions therefrom
for payment of premiums due on any group insurance policy
or plan issued for the benefit of a group comprised of public
employees of the state of Washington or its political subdivisions and which has been approved for deduction in accordance with rules that may be adopted by the state health care
authority and/or the department. This section also does not
prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of dues and other
membership fees to any retirement association or organization the membership of which is composed of retired public
employees, if a total of three hundred or more of such retired
(2004 Ed.)
41.35.130
employees have authorized such deduction for payment to
the same retirement association or organization.
(3) Subsection (1) of this section does not prohibit the
department from complying with (a) a wage assignment
order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant to
chapter 74.20A RCW, (c) a notice of payroll deduction
issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order
directing the department of retirement systems to pay benefits directly to an obligee under a dissolution order as defined
in RCW 41.50.500(3) which fully complies with RCW
41.50.670 and 41.50.700, or (f) any administrative or court
order expressly authorized by federal law. [1998 c 341 § 11.]
41.35.110
41.35.110 Disability retirement—Criminal conduct.
A member shall not receive a disability retirement benefit
under RCW 41.35.440 or 41.35.690 if the disability is the
result of criminal conduct by the member committed after
April 21, 1997. [1998 c 341 § 12.]
41.35.115
41.35.115 Death benefit—Course of employment. (1)
A one hundred fifty thousand dollar death benefit shall be
paid to the member's estate, or such person or persons, trust
or organization as the member has nominated by written designation duly executed and filed with the department. If no
such designated person or persons are still living at the time
of the member's death, the member's death benefit shall be
paid to the member's surviving spouse as if in fact the spouse
had been nominated by written designation, or if there is no
surviving spouse, then to the member's legal representatives.
(2) The benefit under this section shall be paid only
where death occurs as a result of injuries sustained in the
course of employment. The determination of eligibility for
the benefit shall be made consistent with Title 51 RCW by
the department of labor and industries. The department of
labor and industries shall notify the department of retirement
systems by order under RCW 51.52.050. [2003 c 402 § 3.]
41.35.120
41.35.120 False statements—Penalty. Any person
who knowingly makes any false statements, or falsifies or
permits to be falsified any record or records of this retirement
system in any attempt to defraud the retirement system as a
result of such act, is guilty of a gross misdemeanor. [1998 c
341 § 13.]
41.35.130
41.35.130 Transfer of service credit from statewide
city employees' retirement system. (1) Any person who
was a member of the statewide city employees' retirement
system governed by chapter 41.44 RCW and who was never
reemployed by an employer as defined in RCW 41.40.010
and who is employed by an employer as defined in RCW
41.35.010, may, in a writing filed with the director, elect to:
(a) Transfer to this retirement system all service currently credited under chapter 41.44 RCW;
(b) Reestablish and transfer to this retirement system all
service which was previously credited under chapter 41.44
RCW but which was canceled by discontinuance of service
and withdrawal of accumulated contributions as provided in
RCW 41.44.190. The service may be reestablished and trans[Title 41 RCW—page 187]
41.35.140
Title 41 RCW: Public Employment, Civil Service, and Pensions
ferred only upon payment by the member to the employees'
savings fund of this retirement system of the amount withdrawn plus interest thereon from the date of withdrawal until
the date of payment at a rate determined by the director. No
additional payments are required for service credit described
in this subsection if already established under this chapter;
and
(c) Establish service credit for the initial period of
employment not to exceed six months, prior to establishing
membership under chapter 41.44 RCW, upon payment in full
by the member of the total employer's contribution to the benefit account fund of this retirement system that would have
been made under this chapter when the initial service was
rendered. The payment shall be based on the first month's
compensation earnable as a member of the statewide city
employees' retirement system and as defined in RCW
41.44.030(13). However, a person who has established service credit under RCW 41.40.010(13) (c) or (d) shall not
establish additional credit under this subsection nor may anyone who establishes credit under this subsection establish any
additional credit under RCW 41.40.010(13) (c) or (d). No
additional payments are required for service credit described
in this subsection if already established under this chapter.
(2) The written election must be filed and the payments
must be completed in full within one year after employment
by an employer.
(3) Upon receipt of the written election and payments
required by subsection (1) of this section from any retiree
described in subsection (1) of this section, the department
shall recompute the retiree's allowance in accordance with
this section and shall pay any additional benefit resulting
from such recomputation retroactively to the date of retirement from the system governed by this chapter.
(4) Any person who was a member of the statewide city
employees' retirement system under chapter 41.44 RCW and
also became a member of the public employees' retirement
system established under chapter 41.40 RCW or the Washington school employees' retirement system established
under this chapter, and did not make the election under RCW
41.40.058 or subsection (1) of this section because he or she
was not a member of the public employees' retirement system
prior to July 27, 1987, or did not meet the time limitations of
RCW 41.40.058 or subsection (2) of this section, may elect to
do any of the following:
(a) Transfer to this retirement system all service currently credited under chapter 41.44 RCW;
(b) Reestablish and transfer to this retirement system all
service that was previously credited under chapter 41.44
RCW but was canceled by discontinuance of service and
withdrawal of accumulated contributions as provided in
RCW 41.44.190; and
(c) Establish service credit for the initial period of
employment not to exceed six months, prior to establishing
membership under chapter 41.44 RCW.
To make the election or elections, the person must pay
the amount required under RCW 41.50.165(2) prior to retirement from this retirement system. [1998 c 341 § 14.]
41.35.140
41.35.140 Hearing prior to appeal required—Notice.
Any person aggrieved by any decision of the department
affecting his or her legal rights, duties, or privileges must,
[Title 41 RCW—page 188]
before he or she appeals to the courts, file with the director by
mail or personally within sixty days from the day the decision
was communicated to the person, a notice for a hearing
before the director's designee. The notice of hearing shall set
forth in full detail the grounds upon which the person considers the decision unjust or unlawful and shall include every
issue to be considered by the department, and it must contain
a detailed statement of facts upon which the person relies in
support of the appeal. These persons shall be deemed to have
waived all objections or irregularities concerning the matter
on which the appeal is taken, other than those specifically set
forth in the notice of hearing or appearing in the records of
the retirement system. [1998 c 341 § 15.]
41.35.150
41.35.150 Hearing prior to appeal required—Conduct of hearing. Following its receipt of a notice for hearing
in accordance with RCW 41.35.140, a hearing shall be held
by the director or a duly authorized representative, in the
county of the residence of the claimant at a time and place
designated by the director. Such hearing shall be conducted
and governed in all respects by the provisions of chapter
34.05 RCW. [1998 c 341 § 16.]
41.35.160
41.35.160 Judicial review in accordance with administrative procedure act. Judicial review of any final decision and order by the director is governed by the provisions
of chapter 34.05 RCW. [1998 c 341 § 17.]
41.35.170
41.35.170 Appeal—No bond required. No bond of
any kind shall be required of a claimant appealing to the
superior court, the court of appeals, or the supreme court
from a finding of the department affecting the claimant's right
to retirement or disability benefits. [1998 c 341 § 18.]
41.35.180
41.35.180 Service credit—Computation. (1) Except
for any period prior to the member's employment in an eligible position, a plan 2 or plan 3 member who is employed by
a school district or districts or an educational service district:
(a) Shall receive a service credit month for each month
of the period from September through August of the following year if he or she is employed in an eligible position, earns
compensation earnable for eight hundred ten hours or more
during that period, and is employed during nine months of
that period;
(b) If a member in an eligible position for each month of
the period from September through August of the following
year does not meet the hours requirements of (a) of this subsection, the member is entitled to one-half service credit
month for each month of the period if he or she earns earnable
compensation for at least six hundred thirty hours but less
than eight hundred ten hours during that period, and is
employed nine months of that period;
(c) In all other instances, a member in an eligible position is entitled to service credit months as follows:
(i) One service credit month for each month in which
compensation is earned for ninety or more hours;
(ii) One-half service credit month for each month in
which compensation is earned for at least seventy hours but
less than ninety hours; and
(2004 Ed.)
Washington School Employees' Retirement System
(iii) One-quarter service credit month for each month in
which compensation is earned for less than seventy hours.
(2) The department shall adopt rules implementing this
section. [1998 c 341 § 19.]
41.35.190
41.35.190 Effect of certain accumulated vacation
leave on retirement benefits. RCW 43.01.044 shall not
result in any increase in retirement benefits. The rights
extended to state officers and employees under RCW
43.01.044 are not intended to and shall not have any effect on
retirement benefits under this chapter. [1998 c 341 § 20.]
41.35.200
41.35.200 Benefit calculation—Limitation. (1) The
annual compensation taken into account in calculating retiree
benefits under this system shall not exceed the limits imposed
by section 401(a)(17) of the federal internal revenue code for
qualified trusts.
(2) The department shall adopt rules as necessary to
implement this section. [1998 c 341 § 21.]
41.35.210
41.35.210 Post-retirement cost-of-living. Beginning
July 1, 1979, and every year thereafter, the department shall
determine the following information for each retired member
or beneficiary whose retirement allowance has been in effect
for at least one year:
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied
beginning with the July payment. In no event, however, shall
the annual adjustment:
(a) Produce a retirement allowance which is lower than
the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment;
or
(c) Differ from the previous year's annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year's average consumer price index—
Seattle, Washington area for urban wage earners and clerical
workers, all items, compiled by the bureau of labor statistics,
United States department of labor. [1998 c 341 § 22.]
41.35.220
41.35.220 Options for payment of retirement allowances—Court-approved property settlement. (1) Upon
retirement for service as prescribed in RCW 41.35.420 or
41.35.680 or retirement for disability under RCW 41.35.440
or 41.35.690, a member shall elect to have the retirement
allowance paid pursuant to one of the following options, calculated so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member's life.
(2004 Ed.)
41.35.220
(i) For members of plan 2, if the retiree dies before the
total of the retirement allowance paid to such retiree equals
the amount of such retiree's accumulated contributions at the
time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization
as the retiree shall have nominated by written designation
duly executed and filed with the department; or if there be no
such designated person or persons still living at the time of
the retiree's death, then to the surviving spouse; or if there be
neither such designated person or persons still living at the
time of death nor a surviving spouse, then to the retiree's legal
representative.
(ii) For members of plan 3, upon the death of the retired
member, the member's benefits shall cease.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member's reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a person nominated by the member by written designation duly executed and filed with the department at the time
of retirement. The options adopted by the department shall
include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor
option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member's
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3) No later than July 1, 2001, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a non[Title 41 RCW—page 189]
41.35.230
Title 41 RCW: Public Employment, Civil Service, and Pensions
spouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(4) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member of plan 2 who meets the
length of service requirements of RCW 41.35.420, or a member of plan 3 who meets the length of service requirements of
RCW 41.35.680(1), and the member's divorcing spouse be
divided into two separate benefits payable over the life of
each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member's benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the ages provided in RCW 41.35.420(1) for members of plan 2, or RCW
41.35.680(1) for members of plan 3, and after filing a written
application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (3) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) Any benefit distributed pursuant to chapter 41.31A
RCW after the date of the dissolution order creating separate
benefits for a member and nonmember ex spouse shall be
paid solely to the member.
(d) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 11; 2000 c 186 § 6; 1998 c 341 § 23.]
Effective date—2000 c 186 § 6: "Section 6 of this act takes effect September 1, 2000." [2000 c 186 § 10.]
41.35.230
41.35.230 Suspension of retirement allowance upon
reemployment—Exceptions—Reinstatement. (Effective
until July 1, 2006.) (1) Except as provided in RCW
41.35.060, no retiree under the provisions of plan 2 shall be
eligible to receive such retiree's monthly retirement allowance if he or she is employed in an eligible position as defined
in RCW 41.35.010, RCW 41.40.010 or 41.32.010, or as a law
[Title 41 RCW—page 190]
enforcement officer or fire fighter as defined in RCW
41.26.030, except that a retiree who ends his or her membership in the retirement system pursuant to RCW
41.40.023(3)(b) is not subject to this section if the retiree's
only employment is as an elective official.
(2) If a retiree's benefits have been suspended under this
section, his or her benefits shall be reinstated when the retiree
terminates the employment that caused his or her benefits to
be suspended. Upon reinstatement, the retiree's benefits shall
be actuarially recomputed pursuant to the rules adopted by
the department.
(3) The department shall adopt rules implementing this
section. [1998 c 341 § 24.]
41.35.230
41.35.230 Suspension of retirement allowance upon
reemployment—Exceptions—Reinstatement. (Effective
July 1, 2006.) (1) Except as provided in RCW 41.35.060, no
retiree under the provisions of plan 2 shall be eligible to
receive such retiree's monthly retirement allowance if he or
she is employed in an eligible position as defined in RCW
41.35.010, 41.40.010, 41.37.010, or 41.32.010, or as a law
enforcement officer or fire fighter as defined in RCW
41.26.030, except that a retiree who ends his or her membership in the retirement system pursuant to RCW
41.40.023(3)(b) is not subject to this section if the retiree's
only employment is as an elective official.
(2) If a retiree's benefits have been suspended under this
section, his or her benefits shall be reinstated when the retiree
terminates the employment that caused his or her benefits to
be suspended. Upon reinstatement, the retiree's benefits shall
be actuarially recomputed pursuant to the rules adopted by
the department.
(3) The department shall adopt rules implementing this
section. [2004 c 242 § 56; 1998 c 341 § 24.]
Effective date—2004 c 242: See RCW 41.37.901.
41.35.399
41.35.399 Provisions applicable to plan 2 and plan 3.
RCW 41.35.005 through 41.35.230 apply to members of plan
2 and plan 3. [1998 c 341 § 25.]
PLAN 2
41.35.400
41.35.400 Computation of retirement allowance. A
member of the retirement system shall receive a retirement
allowance equal to two percent of such member's average
final compensation for each service credit year of service.
[1998 c 341 § 101.]
41.35.410
41.35.410 Lump sum retirement allowance—Reentry—Reinstatement of service. (1) The director may pay a
member eligible to receive a retirement allowance or the
member's beneficiary, subject to the provisions of subsection
(5) of this section, a lump sum payment in lieu of a monthly
benefit if the initial monthly benefit computed in accordance
with RCW 41.35.400 would be less than fifty dollars. The
lump sum payment shall be the greater of the actuarial equivalent of the monthly benefits or an amount equal to the individual's accumulated contributions plus accrued interest.
(2) A retiree or a beneficiary, subject to the provisions of
subsection (5) of this section, who is receiving a regular
(2004 Ed.)
Washington School Employees' Retirement System
monthly benefit of less than fifty dollars may request, in writing, to convert from a monthly benefit to a lump sum payment. If the director approves the conversion, the calculation
of the actuarial equivalent of the total estimated regular benefit will be computed based on the beneficiary's age at the
time the benefit initially accrued. The lump sum payment will
be reduced to reflect any payments received on or after the
initial benefit accrual date.
(3) Persons covered under the provisions of RCW
41.40.625 or subsection (1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director, within two years of returning to service
or prior to reretiring, whichever comes first. In computing the
amount due, the director shall exclude the accumulated value
of the normal payments the member would have received
while in beneficiary status if the lump sum payment had not
occurred.
(4) If a member fails to meet the time limitations under
subsection (3) of this section, reinstatement of all previous
service will occur if the member pays the amount required
under RCW 41.50.165(2). The amount, however, shall
exclude the accumulated value of the normal payments the
member would have received while in beneficiary status if
the lump sum payment had not occurred.
(5) Only persons entitled to or receiving a service retirement allowance under RCW 41.35.400 or an earned disability allowance under RCW 41.35.440 qualify for participation
under this section.
(6) It is the intent of the legislature that any member who
receives a settlement under this section shall be deemed to be
retired from this system. [1998 c 341 § 102.]
41.35.420
41.35.420 Retirement eligibility. (1) NORMAL
RETIREMENT. Any member with at least five service credit
years who has attained at least age sixty-five shall be eligible
to retire and to receive a retirement allowance computed
according to the provisions of RCW 41.35.400.
(2) EARLY RETIREMENT. Any member who has
completed at least twenty service credit years and has
attained age fifty-five shall be eligible to retire and to receive
a retirement allowance computed according to the provisions
of RCW 41.35.400, except that a member retiring pursuant to
this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years
between age at retirement and the attainment of age sixtyfive.
(3) ALTERNATE EARLY RETIREMENT. Any member who has completed at least thirty service credit years and
has attained age fifty-five shall be eligible to retire and to
receive a retirement allowance computed according to the
provisions of RCW 41.35.400, except that a member retiring
pursuant to this subsection shall have the retirement allowance reduced by three percent per year to reflect the difference in the number of years between age at retirement and the
attainment of age sixty-five. [2000 c 247 § 905; 1998 c 341
§ 103.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
(2004 Ed.)
41.35.440
41.35.430
41.35.430 Employer and member contribution rates.
The required contribution rates to the retirement system for
both members and employers shall be established by the
director from time to time as may be necessary upon the
advice of the state actuary. The state actuary shall use the
aggregate actuarial cost method to calculate contribution
rates. The employer contribution rate calculated under this
section shall be used only for the purpose of determining the
amount of employer contributions to be deposited in the plan
2 fund from the total employer contributions collected under
RCW 41.35.090.
Contribution rates required to fund the costs of the retirement system shall always be equal for members and employers, except as herein provided. Any adjustments in contribution rates required from time to time for future costs shall
likewise be shared equally by the members and employers.
Any increase in the contribution rate required as the
result of a failure of an employer to make any contribution
required by this section shall be borne in full by the employer
not making the contribution.
The director shall notify all employers of any pending
adjustment in the required contribution rate and such increase
shall be announced at least thirty days prior to the effective
date of the change.
Members contributions required by this section shall be
deducted from the members compensation earnable each
payroll period. The members contribution and the employers
contribution shall be remitted directly to the department
within fifteen days following the end of the calendar month
during which the payroll period ends. [1998 c 341 § 104.]
41.35.440
41.35.440 Earned disability allowance—Disposition
upon death of recipient. (1) A member of the retirement
system who becomes totally incapacitated for continued
employment by an employer as determined by the department upon recommendation of the department shall be eligible to receive an allowance under the provisions of RCW
41.35.400 through 41.35.599. The member shall receive a
monthly disability allowance computed as provided for in
RCW 41.35.400 and shall have this allowance actuarially
reduced to reflect the difference in the number of years
between age at disability and the attainment of age sixty-five.
Any member who receives an allowance under the provisions of this section shall be subject to comprehensive medical examinations as required by the department. If these
medical examinations reveal that a member has recovered
from the incapacitating disability and the member is offered
reemployment by an employer at a comparable compensation, the member shall cease to be eligible for the allowance.
(2) If the recipient of a monthly retirement allowance
under this section dies before the total of the retirement
allowance paid to the recipient equals the amount of the accumulated contributions at the date of retirement, then the balance shall be paid to the member's estate, or the person or persons, trust, or organization as the recipient has nominated by
written designation duly executed and filed with the director,
or, if there is no designated person or persons still living at
the time of the recipient's death, then to the surviving spouse,
or, if there is no designated person or persons still living at
the time of his or her death nor a surviving spouse, then to his
or her legal representative. [1998 c 341 § 105.]
[Title 41 RCW—page 191]
41.35.450
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.35.450
41.35.450 Application for and effective date of retirement allowances. Any member or beneficiary eligible to
receive a retirement allowance under the provisions of RCW
41.35.420, 41.35.440, or 41.35.460 shall be eligible to commence receiving a retirement allowance after having filed
written application with the department.
(1) Retirement allowances paid to members under the
provisions of RCW 41.35.420 shall accrue from the first day
of the calendar month immediately following such member's
separation from employment.
(2) Retirement allowances paid to vested members no
longer in service, but qualifying for such an allowance pursuant to RCW 41.35.420, shall accrue from the first day of the
calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members
under the provisions of RCW 41.35.440 shall accrue from the
first day of the calendar month immediately following such
member's separation from employment for disability.
(4) Retirement allowances paid as death benefits under
the provisions of RCW 41.35.460 shall accrue from the first
day of the calendar month immediately following the member's death. [1998 c 341 § 106.]
41.35.460
41.35.460 Death benefits. (1) Except as provided in
RCW 11.07.010, if a member or a vested member who has
not completed at least ten years of service dies, the amount of
the accumulated contributions standing to such member's
credit in the retirement system at the time of such member's
death, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member's estate, or such person or persons, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department. If there be no
such designated person or persons still living at the time of
the member's death, such member's accumulated contributions standing to such member's credit in the retirement system, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving
spouse, then to such member's legal representatives.
(2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the
surviving spouse or eligible child or children shall elect to
receive either:
(a) A retirement allowance computed as provided for in
RCW 41.35.420, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 41.35.220 and, except under subsection (4) of this section, if the member was not eligible for normal retirement at
the date of death a further reduction as described in RCW
41.35.420; if a surviving spouse who is receiving a retirement
allowance dies leaving a child or children of the member
under the age of majority, then such child or children shall
continue to receive an allowance in an amount equal to that
which was being received by the surviving spouse, share and
[Title 41 RCW—page 192]
share alike, until such child or children reach the age of
majority; if there is no surviving spouse eligible to receive an
allowance at the time of the member's death, such member's
child or children under the age of majority shall receive an
allowance, share and share alike, calculated as herein provided making the assumption that the ages of the spouse and
member were equal at the time of the member's death; or
(b) The member's accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670.
(3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies and is
not survived by a spouse or an eligible child, then the accumulated contributions standing to the member's credit, less
any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order
filed under RCW 41.50.670, shall be paid:
(a) To a person or persons, estate, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member's death, then to the member's
legal representatives.
(4) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, is not subject to an actuarial reduction under RCW
41.35.420. The member's retirement allowance is computed
under RCW 41.35.400. [2003 c 155 § 4; 1998 c 341 § 107.]
Applicability—2003 c 155: See note following RCW 41.32.520.
41.35.470
41.35.470 Leaves of absence, military service. (1) A
member who is on a paid leave of absence authorized by a
member's employer shall continue to receive service credit as
provided for under the provisions of RCW 41.35.400 through
41.35.599.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member's
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The compensation earnable reported for a member who establishes
service credit under this subsection may not be greater than
the salary paid to the highest paid job class covered by the
collective bargaining agreement.
(3) Except as specified in subsection (4) of this section, a
member shall be eligible to receive a maximum of two years
service credit during a member's entire working career for
those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if:
(a) The member makes both the plan 2 employer and
member contributions plus interest as determined by the
department for the period of the authorized leave of absence
(2004 Ed.)
Washington School Employees' Retirement System
within five years of resumption of service or prior to retirement whichever comes sooner; or
(b) If not within five years of resumption of service but
prior to retirement, pay the amount required under RCW
41.50.165(2).
The contributions required under (a) of this subsection
shall be based on the average of the member's compensation
earnable at both the time the authorized leave of absence was
granted and the time the member resumed employment.
(4) A member who leaves the employ of an employer to
enter the armed forces of the United States shall be entitled to
retirement system service credit for up to five years of military service. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed
services employment and reemployment rights act.
(a) The member qualifies for service credit under this
subsection if:
(i) Within ninety days of the member's honorable discharge from the United States armed forces, the member
applies for reemployment with the employer who employed
the member immediately prior to the member entering the
United States armed forces; and
(ii) The member makes the employee contributions
required under RCW 41.35.430 within five years of resumption of service or prior to retirement, whichever comes
sooner; or
(iii) Prior to retirement and not within ninety days of the
member's honorable discharge or five years of resumption of
service the member pays the amount required under RCW
41.50.165(2).
(b) Upon receipt of member contributions under (a)(ii) of
this subsection, the department shall establish the member's
service credit and shall bill the employer for its contribution
required under RCW 41.35.430 for the period of military service, plus interest as determined by the department.
(c) The contributions required under (a)(ii) of this subsection shall be based on the compensation the member
would have earned if not on leave, or if that cannot be estimated with reasonable certainty, the compensation reported
for the member in the year prior to when the member went on
military leave. [1998 c 341 § 108.]
41.35.473 Purchase of additional service credit—
Costs—Rules. (Effective July 1, 2006.) (1) A member eligible to retire under RCW 41.35.420 (2) or (3) may, at the
time of filing a written application for retirement with the
department, apply to the department to make a one-time purchase of up to five years of additional service credit.
(2) To purchase additional service credit under this section, a member shall pay the actuarial equivalent value of the
resulting increase in the member's benefit.
(3) Subject to rules adopted by the department, a member
purchasing additional service credit under this section may
pay all or part of the cost with a lump sum payment, eligible
rollover, direct rollover, or trustee-to-trustee transfer from an
eligible retirement plan. The department shall adopt rules to
ensure that all lump sum payments, rollovers, and transfers
comply with the requirements of the internal revenue code
and regulations adopted by the internal revenue service. The
rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt
41.35.473
(2004 Ed.)
41.35.510
of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax
law.
(4) Additional service credit purchased under this section is not membership service, and may not be used to qualify a member for retirement under RCW 41.35.420. [2004 c
172 § 3.]
Effective date—2004 c 172: See note following RCW 41.40.713.
41.35.480
41.35.480 Vested membership. A member who separates or has separated after having completed at least five
years of service may remain a member during the period of
such member's absence from service for the exclusive purpose only of receiving a retirement allowance under the provisions of RCW 41.35.420 if such member maintains the
member's accumulated contributions intact. [1998 c 341 §
109.]
41.35.490
41.35.490 Refund of contributions. A member who
ceases to be an employee of an employer except by service or
disability retirement may request a refund of the member's
accumulated contributions. The refund shall be made within
ninety days following the receipt of the request and notification of termination through the contribution reporting system
by the employer; except that in the case of death, an initial
payment shall be made within thirty days of receipt of request
for such payment and notification of termination through the
contribution reporting system by the employer. A member
who files a request for refund and subsequently enters into
employment with another employer prior to the refund being
made shall not be eligible for a refund. The refund of accumulated contributions shall terminate all rights to benefits
under RCW 41.35.400 through 41.35.599. [1998 c 341 §
110.]
41.35.500
41.35.500 Reentry. (1) A member, who had left service
and withdrawn the member's accumulated contributions,
shall receive service credit for such prior service if the member restores all withdrawn accumulated contributions
together with interest since the time of withdrawal as determined by the department.
The restoration of such funds must be completed within
five years of the resumption of service or prior to retirement,
whichever occurs first.
(2) If a member fails to meet the time limitations of subsection (1) of this section, the member may receive service
credit destroyed by the withdrawn contributions if the
amount required under RCW 41.50.165(2) is paid. [1998 c
341 § 111.]
41.35.510
41.35.510 Transfer to plan 3—Irrevocable option.
(1) Every plan 2 member employed by an employer in an eligible position has the option to make an irrevocable transfer
to plan 3.
(2) All service credit in plan 2 shall be transferred to the
defined benefit portion of plan 3.
(3) Any plan 2 member who wishes to transfer to plan 3
after February 28, 2001, may transfer during the month of
[Title 41 RCW—page 193]
41.35.599
Title 41 RCW: Public Employment, Civil Service, and Pensions
January in any following year, provided that the member
earns service credit for that month.
(4) The accumulated contributions in plan 2, less fifty
percent of any contributions made pursuant to RCW
41.50.165(2) shall be transferred to the member's account in
the defined contribution portion established in chapter 41.34
RCW, pursuant to procedures developed by the department
and subject to RCW 41.34.090. Contributions made pursuant
to RCW 41.50.165(2) that are not transferred to the member's
account shall be transferred to the fund created in RCW
41.50.075(4), except that interest earned on all such contributions shall be transferred to the member's account.
(5) The legislature reserves the right to discontinue the
right to transfer under this section.
(6) Anyone previously retired from plan 2 is prohibited
from transferring to plan 3. [2002 c 26 § 7; 1998 c 341 §
114.]
41.35.599
41.35.599 Provisions applicable to plan 2. RCW
41.35.400 through 41.35.510 apply only to plan 2 members.
[1998 c 341 § 112.]
PLAN 3
41.35.600
41.35.600 Provisions applicable to plan 3—Plan 3
elements. (1) RCW 41.35.600 through 41.35.720 apply only
to plan 3 members.
(2) Plan 3 consists of two separate elements: (a) A
defined benefit portion covered under this subchapter; and
(b) a defined contribution portion covered under chapter
41.34 RCW.
(3) Unless otherwise specified, all references to "plan 3"
in this subchapter refer to the defined benefit portion of plan
3. [1998 c 341 § 201.]
41.35.610
41.35.610 Membership in plan 3. All classified
employees who first become employed by an employer in an
eligible position on or after September 1, 2000, shall be members of plan 3. [1998 c 341 § 202.]
41.35.612
41.35.612 Right to waive benefit—Irrevocable
choice. Any member receiving or having received a distribution under chapter 41.34 RCW may make an irrevocable
choice to waive all rights to a benefit under RCW 41.35.620
by notifying the department in writing of their intention.
[2003 c 349 § 2.]
Effective date—2003 c 349: See note following RCW 41.32.837.
41.35.620
41.35.620 Computation of retirement allowance. (1)
A member of the retirement system shall receive a retirement
allowance equal to one percent of such member's average
final compensation for each service credit year.
(2) The retirement allowance payable under RCW
41.35.680 to a member who separates after having completed
at least twenty service credit years shall be increased by
twenty-five one-hundredths of one percent, compounded for
each month from the date of separation to the date that the
retirement allowance commences. [1998 c 341 § 203.]
[Title 41 RCW—page 194]
41.35.630
41.35.630 Additional payment. (1) Anyone who
requests to transfer under RCW 41.35.510 before March 1,
2001, and establishes service credit for January 2001, shall
have their member account increased by one hundred thirty
percent of:
(a) The member's public employees' retirement system
plan 2 accumulated contributions as of January 1, 2000, less
fifty percent of any payments made pursuant to RCW
41.50.165(2); or
(b) All amounts withdrawn after January 1, 2000, which
are completely restored before March 1, 2001.
(2) If a member who requests to transfer dies before January 1, 2001, the additional payment provided by this section
shall be paid to the member's estate, or the person or persons,
trust, or organization the member nominated by written designation duly executed and filed with the department.
(3) The legislature reserves the right to modify or discontinue the right to an additional payment under this section for
any plan 2 members who have not previously transferred to
plan 3. [2000 c 230 § 1; 1998 c 341 § 204.]
Effective date—2000 c 230: "This act takes effect September 1, 2000."
[2000 c 230 § 5.]
41.35.640
41.35.640 Application for and effective date of retirement allowances. Any member or beneficiary eligible to
receive a retirement allowance under the provisions of RCW
41.35.680, 41.35.690, or 41.35.710 is eligible to commence
receiving a retirement allowance after having filed written
application with the department.
(1) Retirement allowances paid to members shall accrue
from the first day of the calendar month immediately following such member's separation from employment.
(2) Retirement allowances payable to eligible members
no longer in service, but qualifying for such an allowance
pursuant to RCW 41.35.680 shall accrue from the first day of
the calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members shall
accrue from the first day of the calendar month immediately
following such member's separation from employment for
disability.
(4) Retirement allowances paid as death benefits shall
accrue from the first day of the calendar month immediately
following the member's death. [2003 c 294 § 5; 1998 c 341 §
205.]
41.35.650
41.35.650 Leaves of absence, military service. (1) A
member who is on a paid leave of absence authorized by a
member's employer shall continue to receive service credit.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member's
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The earnable compensation reported for a member who establishes
service credit under this subsection may not be greater than
(2004 Ed.)
Washington School Employees' Retirement System
the salary paid to the highest paid job class covered by the
collective bargaining agreement.
(3) Except as specified in subsection (4) of this section, a
member shall be eligible to receive a maximum of two years
service credit during a member's entire working career for
those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if:
(a) The member makes the contribution on behalf of the
employer, plus interest, as determined by the department; and
(b) The member makes the employee contribution, plus
interest, as determined by the department, to the defined contribution portion.
The contributions required shall be based on the average
of the member's earnable compensation at both the time the
authorized leave of absence was granted and the time the
member resumed employment.
(4) A member who leaves the employ of an employer to
enter the armed forces of the United States shall be entitled to
retirement system service credit for up to five years of military service if within ninety days of the member's honorable
discharge from the United States armed forces, the member
applies for reemployment with the employer who employed
the member immediately prior to the member entering the
United States armed forces. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed services employment and reemployment
rights act.
The department shall establish the member's service
credit and shall bill the employer for its contribution required
under RCW 41.35.720 for the period of military service, plus
interest as determined by the department. Service credit
under this subsection may be obtained only if the member
makes the employee contribution to the defined contribution
portion as determined by the department.
The contributions required shall be based on the compensation the member would have earned if not on leave, or
if that cannot be estimated with reasonable certainty, the
compensation reported for the member in the year prior to
when the member went on military leave. [1998 c 341 §
206.]
41.35.653 Purchase of additional service credit—
Costs—Rules. (Effective July 1, 2006.) (1) A member eligible to retire under RCW 41.35.680 (2) or (3) may, at the
time of filing a written application for retirement with the
department, apply to the department to make a one-time purchase of up to five years of additional service credit.
(2) To purchase additional service credit under this section, a member shall pay the actuarial equivalent value of the
resulting increase in the member's benefit.
(3) Subject to rules adopted by the department, a member
purchasing additional service credit under this section may
pay all or part of the cost with a lump sum payment, eligible
rollover, direct rollover, or trustee-to-trustee transfer from an
eligible retirement plan. The department shall adopt rules to
ensure that all lump sum payments, rollovers, and transfers
comply with the requirements of the internal revenue code
and regulations adopted by the internal revenue service. The
rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt
41.35.653
(2004 Ed.)
41.35.680
of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax
law.
(4) Additional service credit purchased under this section is not membership service, and may not be used to qualify for retirement under RCW 41.35.680. [2004 c 172 § 4.]
Effective date—2004 c 172: See note following RCW 41.40.713.
41.35.660
41.35.660 Purchased service credit—Allocation. (1)
Contributions on behalf of the employer paid by the
employee to purchase plan 3 service credit shall be allocated
to the defined benefit portion of plan 3 and shall not be
refundable when paid to the fund described in RCW
41.50.075(4). Contributions on behalf of the employee shall
be allocated to the member account. If the member fails to
meet the statutory time limitations to purchase plan 3 service
credit, it may be purchased under the provisions of RCW
41.50.165(2). One-half of the purchase payments under
RCW 41.50.165(2), plus interest, shall be allocated to the
member's account.
(2) No purchased plan 3 membership service will be
credited until all payments required of the member are made,
with interest. Upon receipt of all payments owed by the member, the department shall bill the employer for any contributions, plus interest, required to purchase membership service.
[1998 c 341 § 207.]
41.35.670
41.35.670 Lump sum payments—Reentry. (1) The
director may pay a member eligible to receive a retirement
allowance or the member's beneficiary a lump sum payment
in lieu of a monthly benefit if the initial monthly benefit
would be less than one hundred dollars. The one hundred dollar limit shall be increased annually as determined by the
director. The lump sum payment shall be the actuarial equivalent of the monthly benefit.
(2) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director,
within two years of returning to service or prior to retiring
again, whichever comes first. In computing the amount due,
the director shall exclude the accumulated value of the normal payments the member would have received while in beneficiary status if the lump sum payment had not occurred.
(3) Any member who receives a settlement under this
section is deemed to be retired from this system. [1998 c 341
§ 208.]
41.35.680
41.35.680 Retirement eligibility. (1) NORMAL
RETIREMENT. Any member who is at least age sixty-five
and who has:
(a) Completed ten service credit years; or
(b) Completed five service credit years, including twelve
service credit months after attaining age fifty-four; or
(c) Completed five service credit years by September 1,
2000, under the public employees' retirement system plan 2
and who transferred to plan 3 under RCW 41.35.510;
[Title 41 RCW—page 195]
41.35.690
Title 41 RCW: Public Employment, Civil Service, and Pensions
shall be eligible to retire and to receive a retirement allowance computed according to the provisions of RCW
41.35.620.
(2) EARLY RETIREMENT. Any member who has
attained at least age fifty-five and has completed at least ten
years of service shall be eligible to retire and to receive a
retirement allowance computed according to the provisions
of RCW 41.35.620, except that a member retiring pursuant to
this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years
between age at retirement and the attainment of age sixtyfive.
(3) ALTERNATE EARLY RETIREMENT. Any member who has completed at least thirty service credit years and
has attained age fifty-five shall be eligible to retire and to
receive a retirement allowance computed according to the
provisions of RCW 41.35.620, except that a member retiring
pursuant to this subsection shall have the retirement allowance reduced by three percent per year to reflect the difference in the number of years between age at retirement and the
attainment of age sixty-five. [2000 c 247 § 906; 1998 c 341
§ 209.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
41.35.690
41.35.690 Earned disability allowance—Disposition
upon death of recipient. (1) A member of the retirement
system who becomes totally incapacitated for continued
employment by an employer as determined by the department shall be eligible to receive an allowance under the provisions of plan 3. The member shall receive a monthly disability allowance computed as provided for in RCW
41.35.620 and shall have this allowance actuarially reduced
to reflect the difference in the number of years between age at
disability and the attainment of age sixty-five.
Any member who receives an allowance under the provisions of this section shall be subject to comprehensive medical examinations as required by the department. If these
medical examinations reveal that a member has recovered
from the incapacitating disability and the member is offered
reemployment by an employer at a comparable compensation, the member shall cease to be eligible for the allowance.
(2) If the recipient of a monthly retirement allowance
under this section dies, any further benefit payments shall be
conditioned by the payment option selected by the retiree as
provided in RCW 41.35.220. [1998 c 341 § 210.]
41.35.700 Restored, purchased service credit under
plan 2—Transfer to plan 3. (1) Any member who elects to
transfer to plan 3 and has eligible unrestored withdrawn contributions in plan 2, may restore such contributions under the
provisions of RCW 41.35.500 with interest as determined by
the department. The restored plan 2 service credit will be
automatically transferred to plan 3. Restoration payments
will be transferred to the member account in plan 3. If the
member fails to meet the time limitations of RCW 41.35.500,
they may restore such contributions under the provisions of
RCW 41.50.165(2). The restored plan 2 service credit will be
automatically transferred to plan 3. One-half of the restoration payments under RCW 41.50.165(2) plus interest shall be
allocated to the member's account.
41.35.700
[Title 41 RCW—page 196]
(2) Any member who elects to transfer to plan 3 may
purchase plan 2 service credit under RCW 41.35.500. Purchased plan 2 service credit will be automatically transferred
to plan 3. Contributions on behalf of the employer paid by the
employee shall be allocated to the defined benefit portion of
plan 3 and shall not be refundable when paid to the fund
described in RCW 41.50.075(4). Contributions on behalf of
the employee shall be allocated to the member account. If the
member fails to meet the time limitations of RCW 41.35.500,
they may subsequently restore such contributions under the
provisions of RCW 41.50.165(2). Purchased plan 2 service
credit will be automatically transferred to plan 3. One-half of
the payments under RCW 41.50.165(2), plus interest, shall be
allocated to the member's account. [2002 c 26 § 6; 1998 c
341 § 211.]
41.35.710
41.35.710 Death benefits. (1) If a member dies prior to
retirement, the surviving spouse or eligible child or children
shall receive a retirement allowance computed as provided in
RCW 41.35.620 actuarially reduced to reflect a joint and one
hundred percent survivor option and, except under subsection
(2) of this section, if the member was not eligible for normal
retirement at the date of death a further reduction as described
in RCW 41.35.680.
If the surviving spouse who is receiving the retirement
allowance dies leaving a child or children under the age of
majority, then such child or children shall continue to receive
an allowance in an amount equal to that which was being
received by the surviving spouse, share and share alike, until
such child or children reach the age of majority.
If there is no surviving spouse eligible to receive an
allowance at the time of the member's death, such member's
child or children under the age of majority shall receive an
allowance, share and share alike. The allowance shall be calculated with the assumption that the age of the spouse and
member were equal at the time of the member's death.
(2) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, is not subject to an actuarial reduction under RCW
41.35.680. The member's retirement allowance is computed
under RCW 41.35.620. [2003 c 155 § 5; 1998 c 341 § 212.]
Applicability—2003 c 155: See note following RCW 41.32.520.
41.35.720
41.35.720 Employer contribution rates. The required
contribution rates to the retirement system for employers
shall be established by the director from time to time as may
be necessary upon the advice of the state actuary. The state
actuary shall use the aggregate actuarial cost method to calculate contribution rates. The employer contribution rate calculated under this section shall be used only for the purpose of
determining the amount of employer contributions to be
deposited in the plan 2 fund from the total employer contributions collected under RCW 41.35.090.
Any increase in the contribution rate required as the
result of a failure of an employer to make any contribution
required by this section shall be borne in full by the employer
not making the contribution.
The director shall notify all employers of any pending
adjustment in the required contribution rate and such increase
(2004 Ed.)
Washington Public Safety Employees' Retirement System
shall be announced at least thirty days prior to the effective
date of the change.
The employer's contribution shall be remitted directly to
the department within fifteen days following the end of the
calendar month during which the payroll period ends. [1998
c 341 § 213.]
41.35.900
41.35.900 Benefits not contractual right until September 1, 2000. The benefits provided pursuant to chapter
341, Laws of 1998 are not provided to employees as a matter
of contractual right prior to September 1, 2000. The legislature retains the right to alter or abolish these benefits at any
time prior to September 1, 2000. [1998 c 341 § 713.]
Effective date—1998 c 341: See note following RCW 41.34.060.
41.35.901 Effective date—1998 c 341. Except for sections 303, 306 through 309, 404, 505, 507, 515, 701, 707, and
710 through 713 of this act, this act takes effect September 1,
2000. [1998 c 341 § 714.]
41.35.901
Chapter 41.37 RCW
WASHINGTON PUBLIC SAFETY EMPLOYEES'
RETIREMENT SYSTEM
Chapter 41.37
Sections
41.37.005
41.37.010
41.37.015
41.37.020
41.37.030
41.37.040
41.37.050
41.37.060
41.37.070
41.37.080
41.37.090
41.37.100
41.37.110
41.37.120
41.37.130
41.37.135
41.37.140
41.37.145
41.37.150
41.37.155
41.37.160
41.37.170
41.37.180
41.37.190
41.37.200
41.37.210
41.37.220
41.37.230
41.37.240
41.37.250
41.37.260
41.37.270
41.37.280
41.37.290
41.37.900
41.37.901
41.37.005
Intent.
Definitions.
System created—Administration.
Membership.
Nonelective position—Eligible position, when.
Employee information—Required.
Reduction of retirement allowance upon reemployment—
Reinstatement of membership.
Duty disability retirement recipients—Continued service
credit.
Members agree to deductions.
Employer's contribution—Computation—Billing.
Exemption from taxation and judicial process—Exemptions—
Assignability—Deductions authorized.
Disability retirement—Criminal conduct.
Death benefit—Course of employment.
False statements—Penalty.
Hearing prior to appeal required—Notice.
Hearing prior to appeal required—Conduct of hearing.
Judicial review of final decision.
Appeal—No bond required.
Effect of certain accumulated vacation leave on retirement
benefits.
Benefit calculation—Limitation.
Postretirement cost-of-living.
Options for payment of retirement allowances—Courtapproved property settlement.
Suspension of retirement allowance upon reemployment—
Exceptions—Reinstatement.
Computation of retirement allowance.
Lump sum retirement allowance—Reentry—Reinstatement of
service.
Retirement eligibility.
Employer and member contribution rates.
Disability allowance—Actuarial reduction—Disposition upon
death of recipient.
Application for and effective date of retirement allowances.
Death benefits.
Leaves of absence, military service.
Vested membership.
Refund of contributions.
Reentry.
Benefits not contractual right until July 1, 2006.
Effective date—2004 c 242.
41.37.005 Intent. (Effective July 1, 2006.) It is the
intent of the legislature to establish a separate public safety
(2004 Ed.)
41.37.010
employees' retirement system for those public employees
whose jobs contain a high degree of physical risk to their own
personal safety and who engage in duties contained in this
section. The duties involved in these jobs include providing
public protection of lives and property, the authority and
power to arrest, conducting criminal investigations, enforcing the criminal laws of the state of Washington, and the
authority to carry a firearm as part of the job. Qualifications
and training for these jobs include passage of a civil service
examination and completion of the Washington criminal justice training commission basic training course or equivalent.
Only those job classes specifically included in RCW
41.37.010(5) by the legislature are public safety employees,
and only for service earned after the effective date of the
inclusion of that job class in RCW 41.37.010(5). [2004 c 242
§ 1.]
41.37.010 Definitions. (Effective July 1, 2006.) The
definitions in this section apply throughout this chapter,
unless the context clearly requires otherwise.
(1) "Retirement system" means the Washington public
safety employees' retirement system provided for in this
chapter.
(2) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(3) "State treasurer" means the treasurer of the state of
Washington.
(4) "Employer" means the Washington state department
of corrections, the Washington state parks and recreation
commission, the Washington state gambling commission, the
Washington state patrol, the Washington state liquor control
board, county corrections departments, and city corrections
departments not covered under chapter 41.28 RCW.
(5) "Member" means any employee employed by an
employer on a full-time, fully compensated basis within the
following job classes in effect as of January 1, 2004: City
corrections officers, jailers, police support officers, custody
officers, and bailiffs; county corrections officers, jailers, custody officers, and sheriffs corrections officers; county probation officers and probation counselors; state correctional
officers, correctional sergeants, and community corrections
officers; liquor enforcement officers; park rangers; commercial vehicle enforcement officers; and gambling special
agents.
(6)(a) "Compensation earnable" for members, means salaries or wages earned by a member during a payroll period
for personal services, including overtime payments, and shall
include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the
United States internal revenue code, but shall exclude nonmoney maintenance compensation and lump sum or other
payments for deferred annual sick leave, unused accumulated
vacation, unused accumulated annual leave, or any form of
severance pay.
(b) "Compensation earnable" for members also includes
the following actual or imputed payments, which are not paid
for personal services:
(i) Retroactive payments to an individual by an employer
on reinstatement of the employee in a position, or payments
by an employer to an individual in lieu of reinstatement,
which are awarded or granted as the equivalent of the salary
41.37.010
[Title 41 RCW—page 197]
41.37.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
or wage which the individual would have earned during a
payroll period shall be considered compensation earnable to
the extent provided in this subsection, and the individual shall
receive the equivalent service credit;
(ii) In any year in which a member serves in the legislature, the member shall have the option of having such member's compensation earnable be the greater of:
(A) The compensation earnable the member would have
received had such member not served in the legislature; or
(B) Such member's actual compensation earnable
received for nonlegislative public employment and legislative service combined. Any additional contributions to the
retirement system required because compensation earnable
under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B) of this subsection shall be paid
by the member for both member and employer contributions;
(iii) Assault pay only as authorized by RCW 27.04.100,
72.01.045, and 72.09.240;
(iv) Compensation that a member would have received
but for a disability occurring in the line of duty only as authorized by RCW 41.37.070;
(v) Compensation that a member receives due to participation in the leave sharing program only as authorized by
RCW 41.04.650 through 41.04.670; and
(vi) Compensation that a member receives for being in
standby status. For the purposes of this section, a member is
in standby status when not being paid for time actually
worked and the employer requires the member to be prepared
to report immediately for work, if the need arises, although
the need may not arise.
(7) "Service" means periods of employment by a member on or after July 1, 2006, for one or more employers for
which compensation earnable is paid. Compensation earnable earned for ninety or more hours in any calendar month
shall constitute one service credit month. Compensation
earnable earned for at least seventy hours but less than ninety
hours in any calendar month shall constitute one-half service
credit month of service. Compensation earnable earned for
less than seventy hours in any calendar month shall constitute
one-quarter service credit month of service. Time spent in
standby status, whether compensated or not, is not service.
Any fraction of a year of service shall be taken into
account in the computation of such retirement allowance or
benefits.
(a) Service in any state elective position shall be deemed
to be full-time service.
(b) A member shall receive a total of not more than
twelve service credit months of service for such calendar
year. If an individual is employed in an eligible position by
one or more employers the individual shall receive no more
than one service credit month during any calendar month in
which multiple service for ninety or more hours is rendered.
(8) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(9) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.
(10) "Membership service" means all service rendered as
a member.
(11) "Beneficiary" means any person in receipt of a
retirement allowance or other benefit provided by this chap[Title 41 RCW—page 198]
ter resulting from service rendered to an employer by another
person.
(12) "Regular interest" means such rate as the director
may determine.
(13) "Accumulated contributions" means the sum of all
contributions standing to the credit of a member in the member's individual account, including any amount paid under
RCW 41.50.165(2), together with the regular interest
thereon.
(14) "Average final compensation" means the member's
average compensation earnable of the highest consecutive
sixty months of service credit months prior to such member's
retirement, termination, or death. Periods constituting authorized leaves of absence may not be used in the calculation of
average final compensation except under RCW 41.37.290.
(15) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of
employment.
(16) "Annuity" means payments for life derived from
accumulated contributions of a member. All annuities shall
be paid in monthly installments.
(17) "Pension" means payments for life derived from
contributions made by the employer. All pensions shall be
paid in monthly installments.
(18) "Retirement allowance" means monthly payments
to a retiree or beneficiary as provided in this chapter.
(19) "Employee" or "employed" means a person who is
providing services for compensation to an employer, unless
the person is free from the employer's direction and control
over the performance of work. The department shall adopt
rules and interpret this subsection consistent with common
law.
(20) "Actuarial equivalent" means a benefit of equal
value when computed upon the basis of such mortality and
other tables as may be adopted by the director.
(21) "Retirement" means withdrawal from active service
with a retirement allowance as provided by this chapter.
(22) "Eligible position" means any permanent, full-time,
fully compensated position included in subsection (5) of this
section.
(23) "Ineligible position" means any position which does
not conform with the requirements set forth in subsection
(22) of this section.
(24) "Leave of absence" means the period of time a
member is authorized by the employer to be absent from service without being separated from membership.
(25) "Retiree" means any person who has begun accruing a retirement allowance or other benefit provided by this
chapter resulting from service rendered to an employer while
a member.
(26) "Director" means the director of the department.
(27) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(28) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(29) "Plan" means the Washington public safety employees' retirement system plan 2.
(30) "Index" means, for any calendar year, that year's
annual average consumer price index, Seattle, Washington
area, for urban wage earners and clerical workers, all items,
(2004 Ed.)
Washington Public Safety Employees' Retirement System
compiled by the bureau of labor statistics, United States
department of labor.
(31) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(32) "Index B" means the index for the year prior to
index A.
(33) "Adjustment ratio" means the value of index A
divided by index B.
(34) "Separation from service" occurs when a person has
terminated all employment with an employer. [2004 c 242 §
2.]
41.37.015
41.37.015 System created—Administration. (Effective July 1, 2006.) A retirement system is hereby created for
public safety employees of the Washington state department
of corrections, the Washington state parks and recreation
commission, the Washington state gambling commission, the
Washington state patrol, the Washington state liquor control
board, county corrections departments, and city corrections
departments not covered under chapter 41.28 RCW. The
administration and management of the retirement system, the
responsibility for making effective the provisions of this
chapter, and the authority to make all rules necessary therefor
are hereby vested in the department. All rules shall be governed by chapter 34.05 RCW. This retirement system shall
be known as the Washington public safety employees' retirement system. [2004 c 242 § 3.]
41.37.020
41.37.020 Membership. (Effective July 1, 2006.)
Membership in the retirement system shall consist of all regularly compensated public safety employees who are members as defined in RCW 41.37.010(5), with the following
exceptions:
(1) Persons in ineligible positions;
(2)(a) Persons holding elective offices or persons
appointed directly by the governor: PROVIDED, That such
persons shall have the option of applying for membership
during such periods of employment: AND PROVIDED
FURTHER, That any persons holding or who have held elective offices or persons appointed by the governor who are
members in the retirement system and who have, prior to
becoming such members, previously held an elective office,
and did not at the start of such initial or successive terms of
office exercise their option to become members, may apply
for membership to be effective during such term or terms of
office, and shall be allowed to establish the service credit
applicable to such term or terms of office upon payment of
the employee contributions therefor by the employee with
interest as determined by the director and employer contributions therefor by the employer or employee with interest as
determined by the director: AND PROVIDED FURTHER,
That all contributions with interest submitted by the
employee under this subsection shall be placed in the
employee's individual account in the employee's savings fund
and be treated as any other contribution made by the
employee, with the exception that any contributions submitted by the employee in payment of the employer's obligation,
together with the interest the director may apply to the
employer's contribution, shall not be considered part of the
(2004 Ed.)
41.37.050
member's annuity for any purpose except withdrawal of contributions;
(b) A member holding elective office who has elected to
apply for membership pursuant to (a) of this subsection and
who later wishes to be eligible for a retirement allowance
shall have the option of ending his or her membership in the
retirement system. A member wishing to end his or her membership under this subsection must file on a form supplied by
the department a statement indicating that the member agrees
to irrevocably abandon any claim for service for future periods served as an elected official. A member who receives
more than fifteen thousand dollars per year in compensation
for his or her elective service, adjusted annually for inflation
by the director, is not eligible for the option provided by this
subsection (2)(b);
(3) Retirement system retirees: PROVIDED, That following reemployment in an eligible position, a retiree may
elect to prospectively become a member of the retirement
system if otherwise eligible;
(4) Persons enrolled in state-approved apprenticeship
programs, authorized under chapter 49.04 RCW, and who are
employed by employers to earn hours to complete such
apprenticeship programs, if the employee is a member of a
union-sponsored retirement plan and is making contributions
to such a retirement plan or if the employee is a member of a
Taft-Hartley retirement plan;
(5) Persons rendering professional services to an
employer on a fee, retainer, or contract basis or when the
income from these services is less than fifty percent of the
gross income received from the person's practice of a profession; and
(6) Employees who (a) are not citizens of the United
States, (b) are not covered by chapter 41.48 RCW, (c) are not
excluded from membership under this chapter or chapter
41.04 RCW, (d) are residents of this state, and (e) make an
irrevocable election to be excluded from membership, in
writing, which is submitted to the director within thirty days
after employment in an eligible position. [2004 c 242 § 4.]
41.37.030
41.37.030 Nonelective position—Eligible position,
when. (Effective July 1, 2006.) Any person who has been
employed in a nonelective position for at least nine months
and who has made member contributions required under this
chapter throughout such period, shall be deemed to have been
in an eligible position during such period of employment.
[2004 c 242 § 6.]
41.37.040
41.37.040 Employee information—Required. (Effective July 1, 2006.) Within thirty days after his or her employment or his or her acceptance into membership each
employee shall submit to the department a statement of his or
her name and such other information as the department shall
require. Compliance with this section is a condition of
employment and failure by an employee to comply may
result in separation from service. [2004 c 242 § 7.]
41.37.050
41.37.050 Reduction of retirement allowance upon
reemployment—Reinstatement of membership. (Effective July 1, 2006.) (1)(a) If a retiree enters employment with
an employer sooner than one calendar month after his or her
[Title 41 RCW—page 199]
41.37.060
Title 41 RCW: Public Employment, Civil Service, and Pensions
accrual date, the retiree's monthly retirement allowance will
be reduced by five and one-half percent for every eight hours
worked during that month. This reduction will be applied
each month until the retiree remains absent from employment
with an employer for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred sixty hours
per month. Any benefit reduction over one hundred percent
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
(2) A retiree who has satisfied the break in employment
requirement of subsection (1) of this section may work up to
eight hundred sixty-seven hours per calendar year in an eligible position as defined in RCW 41.32.010, 41.35.010, or
41.40.010, without suspension of his or her benefit.
(3) If the retiree opts to reestablish membership under
this chapter, he or she terminates his or her retirement status
and becomes a member. Retirement benefits shall not accrue
during the period of membership and the individual shall
make contributions and receive membership credit. Such a
member shall have the right to again retire if eligible in accordance with this chapter. However, if the right to retire is
exercised to become effective before the member has rendered two uninterrupted years of service, the retirement formula and survivor options the member had at the time of the
member's previous retirement shall be reinstated.
(4) The department shall collect and provide the state
actuary with information relevant to the use of this section for
the select committee on pension policy. [2004 c 242 § 8.]
41.37.060
41.37.060 Duty disability retirement recipients—
Continued service credit. (Effective July 1, 2006.) Those
members subject to this chapter who became disabled in the
line of duty and who received or are receiving benefits under
Title 51 RCW or a similar federal workers' compensation
program shall receive or continue to receive service credit
subject to the following:
(1) No member may receive more than one month's service credit in a calendar month.
(2) No service credit under this section may be allowed
after a member separates or is separated without leave of
absence.
(3) Employer contributions shall be paid by the employer
at the rate in effect for the period of the service credited.
(4) Employee contributions shall be collected by the
employer and paid to the department at the rate in effect for
the period of service credited.
(5) Contributions shall be based on the regular compensation which the member would have received had the disability not occurred. If contribution payments are made retroactively, interest shall be charged at the rate set by the
director on both employee and employer contributions. Service credit shall not be granted until the employee contribution has been paid.
(6) The service and compensation credit shall not be
granted for a period to exceed twelve consecutive months.
(7) Should the legislature revoke the service credit
authorized under this section or repeal this section, no
affected employee is entitled to receive the credit as a matter
of contractual right. [2004 c 242 § 9.]
[Title 41 RCW—page 200]
41.37.070
41.37.070 Members agree to deductions. (Effective
July 1, 2006.) The deductions from the compensation of
members, provided for in RCW 41.37.220, shall be made
notwithstanding that the minimum compensation provided
for by law for any member shall be reduced thereby. Every
member shall be deemed to consent and agree to the deductions made and provided for in this chapter and receipt in full
for his or her salary or compensation, and payment, less the
deductions, shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services
rendered by the person during the period covered by the payment, except as to benefits provided for under this chapter.
[2004 c 242 § 10.]
41.37.080
41.37.080 Employer's contribution—Computation—
Billing. (Effective July 1, 2006.) (1) The director shall
report to each employer the contribution rates required for the
ensuing biennium or fiscal year, whichever is applicable.
(2) Beginning July 1, 2006, the amount to be collected as
the employer's contribution shall be computed by applying
the applicable rates established in chapter 41.45 RCW to the
total compensation earnable of employer's members as
shown on the current payrolls of the employer. Each
employer shall compute at the end of each month the amount
due for that month and the same shall be paid as are its other
obligations.
(3) In the event of failure, for any reason, of an employer
other than a political subdivision of the state to have remitted
amounts due for membership service of any of the employer's
members rendered during a prior biennium, the director shall
bill that employer for the employer's contribution together
with the charges the director deems appropriate in accordance with RCW 41.50.120. This billing shall be paid by the
employer as, and the same shall be, a proper charge against
any moneys available or appropriated to the employer for
payment of current biennial payrolls. [2004 c 242 § 11.]
41.37.090
41.37.090 Exemption from taxation and judicial process—Exemptions—Assignability—Deductions authorized. (Effective July 1, 2006.) (1) Subject to subsections
(2) and (3) of this section, the right of a person to a pension,
an annuity, or retirement allowance, any optional benefit, any
other right accrued or accruing to any person under this chapter, the various funds created by this chapter, and all moneys
and investments and income thereof, are hereby exempt from
any state, county, municipal, or other local tax, and shall not
be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or other process of law
whatsoever, and shall be unassignable.
(2) This section does not prohibit a beneficiary of a
retirement allowance from authorizing deductions therefrom
for payment of premiums due on any group insurance policy
or plan issued for the benefit of a group comprised of public
employees of the state of Washington or its political subdivisions and which has been approved for deduction in accordance with rules that may be adopted by the state health care
authority and/or the department. This section also does not
prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of dues and other
membership fees to any retirement association or organization the membership of which is composed of retired public
(2004 Ed.)
Washington Public Safety Employees' Retirement System
employees, if a total of three hundred or more retired employees have authorized the deduction for payment to the same
retirement association or organization.
(3) Subsection (1) of this section does not prohibit the
department from complying with (a) a wage assignment
order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant to
chapter 74.20A RCW, (c) a notice of payroll deduction
issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order
directing the department to pay benefits directly to an obligee
under a dissolution order as defined in RCW 41.50.500(3)
which fully complies with RCW 41.50.670 and 41.50.700, or
(f) any administrative or court order expressly authorized by
federal law. [2004 c 242 § 12.]
41.37.160
deemed to have waived all objections or irregularities concerning the matter on which the appeal is taken, other than
those specifically set forth in the notice of hearing or appearing in the records of the retirement system. [2004 c 242 §
16.]
41.37.135
41.37.135 Hearing prior to appeal required—Conduct of hearing. (Effective July 1, 2006.) Following its
receipt of a notice for hearing in accordance with RCW
41.37.130, a hearing shall be held by the director or an authorized representative, in the county of the residence of the
claimant at a time and place designated by the director. This
hearing shall be conducted and governed in all respects by
chapter 34.05 RCW. [2004 c 242 § 17.]
41.37.140
41.37.100
41.37.100 Disability retirement—Criminal conduct.
(Effective July 1, 2006.) A member shall not receive a disability retirement benefit under RCW 41.37.230 if the disability is the result of criminal conduct by the member committed after July 1, 2006. [2004 c 242 § 13.]
41.37.110
41.37.110 Death benefit—Course of employment.
(Effective July 1, 2006.) (1) A one hundred fifty thousand
dollar death benefit shall be paid to the member's estate, or
the person or persons, trust, or organization the member has
nominated by written designation duly executed and filed
with the department. If the designated person or persons are
not still living at the time of the member's death, the member's death benefit shall be paid to the member's surviving
spouse as if in fact the spouse had been nominated by written
designation, or if there is no surviving spouse, then to the
member's legal representatives.
(2) The benefit under this section shall be paid only
where death occurs as a result of injuries sustained in the
course of employment. The determination of eligibility for
the benefit shall be made consistent with Title 51 RCW by
the department of labor and industries. The department of
labor and industries shall notify the department of retirement
systems by order under RCW 51.52.050. [2004 c 242 § 14.]
41.37.120
41.37.120 False statements—Penalty. (Effective July
1, 2006.) Any person who knowingly makes any false statements, or falsifies or permits to be falsified any record or
records of this retirement system in any attempt to defraud
the retirement system as a result of such an act, is guilty of a
gross misdemeanor. [2004 c 242 § 15.]
41.37.130
41.37.130 Hearing prior to appeal required—Notice.
(Effective July 1, 2006.) Any person aggrieved by any decision of the department affecting his or her legal rights, duties,
or privileges must, before he or she appeals to the courts, file
with the director by mail or personally within sixty days from
the day the decision was communicated to the person, a
notice for a hearing before the director's designee. The notice
of hearing shall set forth in full detail the grounds upon which
the person considers the decision unjust or unlawful and shall
include every issue to be considered by the department, and it
must contain a detailed statement of facts upon which the person relies in support of the appeal. These persons shall be
(2004 Ed.)
41.37.140 Judicial review of final decision. (Effective
July 1, 2006.) Judicial review of any final decision and order
by the director is governed by chapter 34.05 RCW. [2004 c
242 § 18.]
41.37.145
41.37.145 Appeal—No bond required. (Effective
July 1, 2006.) A bond of any kind shall not be required of a
claimant appealing to the superior court, the court of appeals,
or the supreme court from a finding of the department affecting the claimant's right to retirement or disability benefits.
[2004 c 242 § 19.]
41.37.150
41.37.150 Effect of certain accumulated vacation
leave on retirement benefits. (Effective July 1, 2006.)
RCW 43.01.044 shall not result in any increase in retirement
benefits. The rights extended to state officers and employees
under RCW 43.01.044 are not intended to and shall not have
any effect on retirement benefits under this chapter. [2004 c
242 § 20.]
41.37.155
41.37.155 Benefit calculation—Limitation. (Effective
July 1, 2006.) (1) The annual compensation taken into
account in calculating retiree benefits under this system shall
not exceed the limits imposed by section 401(a)(17) of the
federal internal revenue code for qualified trusts.
(2) The department shall adopt rules as necessary to
implement this section. [2004 c 242 § 21.]
41.37.160
41.37.160 Postretirement cost-of-living. (Effective
July 1, 2006.) Beginning July 1, 2006, and every year thereafter, the department shall determine the following information for each retired member or beneficiary whose retirement
allowance has been in effect for at least one year:
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied
beginning with the July payment. In no event, however, shall
the annual adjustment:
[Title 41 RCW—page 201]
41.37.170
Title 41 RCW: Public Employment, Civil Service, and Pensions
(a) Produce a retirement allowance which is lower than
the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment;
or
(c) Differ from the previous year's annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year's average consumer price index, Seattle, Washington area, for urban wage earners and clerical
workers, all items, compiled by the bureau of labor statistics,
United States department of labor. [2004 c 242 § 22.]
41.37.170
41.37.170 Options for payment of retirement allowances—Court-approved property settlement. (Effective
July 1, 2006.) (1) Upon retirement for service as prescribed
in RCW 41.37.210 or retirement for disability under RCW
41.37.230, a member shall elect to have the retirement allowance paid pursuant to one of the following options, calculated
so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout the
member's life. If the retiree dies before the total of the retirement allowance paid to the retiree equals the amount of the
retiree's accumulated contributions at the time of retirement,
then the balance shall be paid to the member's estate, or the
person or persons, trust, or organization the retiree nominated
by written designation duly executed and filed with the
department; or if there is no designated person or persons still
living at the time of the retiree's death, then to the surviving
spouse; or if there is neither a designated person or persons
still living at the time of death nor a surviving spouse, then to
the retiree's legal representative.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, the portion of the member's reduced retirement allowance as the department by rule
designates shall be continued throughout the life of and paid
to a person nominated by the member by written designation
duly executed and filed with the department at the time of
retirement. The options adopted by the department shall
include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor
option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member's
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
[Title 41 RCW—page 202]
(3) The department shall adopt rules that allow a member
additional actuarially equivalent survivor benefit options, and
shall include, but are not limited to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(4) The department shall adopt rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.37.210 and the member's
divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member's benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the age provided in RCW 41.37.210(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (3) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2004
c 242 § 23.]
(2004 Ed.)
Washington Public Safety Employees' Retirement System
41.37.180 Suspension of retirement allowance upon
reemployment—Exceptions—Reinstatement. (Effective
July 1, 2006.) (1) Except as provided in RCW 41.37.050, a
retiree shall not be eligible to receive the retiree's monthly
retirement allowance if he or she is employed in an eligible
position as defined in RCW 41.37.010, or RCW 41.35.010,
41.40.010, or 41.32.010, or as a law enforcement officer or
fire fighter as defined in RCW 41.26.030, except that a retiree
who ends his or her membership in the retirement system pursuant to RCW 41.37.020(2)(b) is not subject to this section if
the retiree's only employment is as an elective official.
(2) If a retiree's benefits have been suspended under this
section, his or her benefits shall be reinstated when the retiree
terminates the employment that caused his or her benefits to
be suspended. Upon reinstatement, the retiree's benefits shall
be actuarially recomputed pursuant to the rules adopted by
the department.
(3) The department shall adopt rules implementing this
section. [2004 c 242 § 24.]
41.37.180
41.37.190
41.37.190 Computation of retirement allowance.
(Effective July 1, 2006.) A member of the retirement system
shall receive a retirement allowance equal to two percent of
such member's average final compensation for each service
credit year of service. [2004 c 242 § 25.]
41.37.200
41.37.200 Lump sum retirement allowance—Reentry—Reinstatement of service. (Effective July 1, 2006.)
(1) The director may pay a member eligible to receive a
retirement allowance or the member's beneficiary, subject to
subsection (5) of this section, a lump sum payment in lieu of
a monthly benefit if the initial monthly benefit computed in
accordance with RCW 41.37.190 would be less than fifty
dollars. The lump sum payment shall be the greater of the
actuarial equivalent of the monthly benefits or an amount
equal to the individual's accumulated contributions plus
accrued interest.
(2) A retiree or a beneficiary, subject to subsection (5) of
this section, who is receiving a regular monthly benefit of
less than fifty dollars may request, in writing, to convert from
a monthly benefit to a lump sum payment. If the director
approves the conversion, the calculation of the actuarial
equivalent of the total estimated regular benefit will be computed based on the beneficiary's age at the time the benefit
initially accrued. The lump sum payment will be reduced to
reflect any payments received on or after the initial benefit
accrual date.
(3) Persons covered under subsection (1) of this section
may upon returning to member status reinstate all previous
service by depositing the lump sum payment received, with
interest as computed by the director, within two years of
returning to service or prior to reretiring, whichever comes
first. In computing the amount due, the director shall exclude
the accumulated value of the normal payments the member
would have received while in beneficiary status if the lump
sum payment had not occurred.
(4) If a member fails to meet the time limitations under
subsection (3) of this section, reinstatement of all previous
service will occur if the member pays the amount required
under RCW 41.50.165(2). The amount, however, shall
exclude the accumulated value of the normal payments the
(2004 Ed.)
41.37.220
member would have received while in beneficiary status if
the lump sum payment had not occurred.
(5) Only persons entitled to or receiving a service retirement allowance under RCW 41.37.210 or an earned disability allowance under RCW 41.37.230 qualify for participation
under this section.
(6) It is the intent of the legislature that any member who
receives a settlement under this section shall be deemed to be
retired from this system. [2004 c 242 § 26.]
41.37.210
41.37.210 Retirement eligibility. (Effective July 1,
2006.) (1) NORMAL RETIREMENT. Any member with at
least five service credit years who has attained at least age
sixty-five shall be eligible to retire and to receive a retirement
allowance computed according to RCW 41.37.190.
(2) UNREDUCED RETIREMENT. Any member who
has completed at least ten service credit years in the public
safety employees' retirement system and has attained age
sixty shall be eligible to retire and to receive a retirement
allowance computed according to RCW 41.37.190.
(3) EARLY RETIREMENT. Any member who has
completed at least twenty service credit years and has
attained age fifty-three shall be eligible to retire and to
receive a retirement allowance computed according to RCW
41.37.190, except that a member retiring pursuant to this subsection shall have the retirement allowance reduced by three
percent per year to reflect the difference in the number of
years between age at retirement and the attainment of age
sixty. [2004 c 242 § 27.]
41.37.220
41.37.220 Employer and member contribution rates.
(Effective July 1, 2006.) The required contribution rates to
the retirement system for both members and employers shall
be established by the director from time to time as may be
necessary upon the advice of the state actuary. The state
actuary shall use the aggregate actuarial cost method to calculate contribution rates. The employer contribution rate calculated under this section shall be used only for the purpose of
determining the amount of employer contributions to be
deposited in the plan 2 fund from the total employer contributions collected under RCW 41.37.080.
Contribution rates required to fund the costs of the retirement system shall always be equal for members and employers, except under this section. Any adjustments in contribution rates required from time to time for future costs shall
likewise be shared equally by the members and employers.
Any increase in the contribution rate required as the
result of a failure of an employer to make any contribution
required by this section shall be borne in full by the employer
not making the contribution.
The director shall notify all employers of any pending
adjustment in the required contribution rate and the increase
shall be announced at least thirty days prior to the effective
date of the change.
A member's contributions required by this section shall
be deducted from the member's compensation earnable each
payroll period. The member's contribution and the
employer's contribution shall be remitted directly to the
department within fifteen days following the end of the cal[Title 41 RCW—page 203]
41.37.230
Title 41 RCW: Public Employment, Civil Service, and Pensions
endar month during which the payroll period ends. [2004 c
242 § 28.]
41.37.230
41.37.230 Disability allowance—Actuarial reduction—Disposition upon death of recipient. (Effective July
1, 2006.) (1)(a) A member of the retirement system with at
least ten years of service in the public safety employees'
retirement system who becomes totally incapacitated for continued employment as an employee by an employer, as determined by the department, shall be eligible to receive an
allowance under RCW 41.37.190 through 41.37.290. The
member shall receive a monthly disability allowance computed as provided for in RCW 41.37.190 and shall have this
allowance actuarially reduced to reflect the difference in the
number of years between age at disability and the attainment
of age sixty.
(b) A member of the retirement system with less than ten
years of service who becomes totally incapacitated for continued employment by an employer, as determined by the
department, shall be eligible to receive an allowance under
RCW 41.37.190 through 41.37.290. The member shall
receive a monthly disability allowance computed as provided
for in RCW 41.37.190 and shall have this allowance actuarially reduced to reflect the difference in the number of years
between age at disability and the attainment of age sixty-five.
(2) Any member who receives an allowance under this
section shall be subject to comprehensive medical examinations as required by the department. If these medical examinations reveal that a member has recovered from the incapacitating disability and the member is offered reemployment by
an employer at a comparable compensation, the member shall
cease to be eligible for the allowance.
(3) If the recipient of a monthly allowance under this
section dies before the total of the allowance payments equal
the amount of the accumulated contributions at the date of
retirement, then the balance shall be paid to the member's
estate, or the person or persons, trust, or organization the
recipient has nominated by written designation duly executed
and filed with the director. If there is no designated person or
persons still living at the time of the recipient's death, then to
the surviving spouse, or, if there is no designated person or
persons still living at the time of his or her death nor a surviving spouse, then to his or her legal representative. [2004 c
242 § 29.]
41.37.240
41.37.240 Application for and effective date of retirement allowances. (Effective July 1, 2006.) Any member or
beneficiary eligible to receive a retirement allowance under
RCW 41.37.210, 41.37.230, or 41.37.250 shall be eligible to
commence receiving a retirement allowance after having
filed written application with the department.
(1) Retirement allowances paid to members under RCW
41.37.210 shall accrue from the first day of the calendar
month immediately following the member's separation from
employment.
(2) Retirement allowances paid to vested members no
longer in service, but qualifying for an allowance pursuant to
RCW 41.37.210, shall accrue from the first day of the calendar month immediately following the qualification.
[Title 41 RCW—page 204]
(3) Disability allowances paid to disabled members
under RCW 41.37.230 shall accrue from the first day of the
calendar month immediately following the member's separation from employment for disability.
(4) Retirement allowances paid as death benefits under
RCW 41.37.250 shall accrue from the first day of the calendar month immediately following the member's death. [2004
c 242 § 30.]
41.37.250 Death benefits. (Effective July 1, 2006.) (1)
Except as provided in RCW 11.07.010, if a member or a
vested member who has not completed at least ten years of
service dies, the amount of the accumulated contributions
standing to that member's credit in the retirement system at
the time of the member's death, less any amount identified as
owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670,
shall be paid to the member's estate, or the person or persons,
trust, or organization as the member shall have nominated by
written designation duly executed and filed with the department. If there is no designated person or persons still living
at the time of the member's death, the member's accumulated
contributions standing to the member's credit in the retirement system, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant
to a court order filed under RCW 41.50.670, shall be paid to
the member's surviving spouse as if in fact that spouse had
been nominated by written designation, or if there is no surviving spouse, then to the member's legal representatives.
(2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the
surviving spouse or eligible child or children shall elect to
receive either:
(a) A retirement allowance computed as provided for in
RCW 41.37.210, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 41.37.170 and, except under subsection (4) of this section, if the member was not eligible for normal retirement at
the date of death a further reduction as described in RCW
41.37.210; if a surviving spouse who is receiving a retirement
allowance dies leaving a child or children of the member
under the age of majority, then the child or children shall continue to receive an allowance in an amount equal to that
which was being received by the surviving spouse, share and
share alike, until the child or children reach the age of majority; if there is no surviving spouse eligible to receive an
allowance at the time of the member's death, the member's
child or children under the age of majority shall receive an
allowance, share and share alike, calculated under this section making the assumption that the ages of the spouse and
member were equal at the time of the member's death; or
(b) The member's accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670.
(3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies and is
not survived by a spouse or an eligible child, then the accu41.37.250
(2004 Ed.)
Washington Public Safety Employees' Retirement System
mulated contributions standing to the member's credit, less
any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order
filed under RCW 41.50.670, shall be paid:
(a) To a person or persons, estate, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department; or
(b) If there is no designated person or persons still living
at the time of the member's death, then to the member's legal
representatives.
(4) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, is not subject to an actuarial reduction under RCW
41.37.210. The member's retirement allowance is computed
under RCW 41.37.190. [2004 c 242 § 31.]
41.37.260 Leaves of absence, military service. (Effective July 1, 2006.) (1) A member who is on a paid leave of
absence authorized by a member's employer shall continue to
receive service credit as provided for under RCW 41.37.190
through 41.37.290.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member's
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The
compensation earnable reported for a member who establishes service credit under this subsection may not be greater
than the salary paid to the highest paid job class covered by
the collective bargaining agreement.
(3) Except as specified in subsection (4) of this section, a
member shall be eligible to receive a maximum of two years
service credit during a member's entire working career for
those periods when a member is on an unpaid leave of
absence authorized by an employer. This credit may be
obtained only if:
(a) The member makes both the employer and member
contributions plus interest as determined by the department
for the period of the authorized leave of absence within five
years of resumption of service or prior to retirement whichever comes sooner; or
(b) If not within five years of resumption of service but
prior to retirement, pay the amount required under RCW
41.50.165(2).
The contributions required under (a) of this subsection
shall be based on the average of the member's compensation
earnable at both the time the authorized leave of absence was
granted and the time the member resumed employment.
(4) A member who leaves the employ of an employer to
enter the armed forces of the United States shall be entitled to
retirement system service credit for up to five years of military service. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed
services employment and reemployment rights act.
(a) The member qualifies for service credit under this
subsection if:
41.37.260
(2004 Ed.)
41.37.290
(i) Within ninety days of the member's honorable discharge from the United States armed forces, the member
applies for reemployment with the employer who employed
the member immediately prior to the member entering the
United States armed forces; and
(ii) The member makes the employee contributions
required under RCW 41.37.220 within five years of resumption of service or prior to retirement, whichever comes
sooner; or
(iii) Prior to retirement and not within ninety days of the
member's honorable discharge or five years of resumption of
service the member pays the amount required under RCW
41.50.165(2).
(b) Upon receipt of member contributions under (a)(ii) of
this subsection, the department shall establish the member's
service credit and shall bill the employer for its contribution
required under RCW 41.37.220 for the period of military service, plus interest as determined by the department.
(c) The contributions required under (a)(ii) of this subsection shall be based on the compensation the member
would have earned if not on leave, or if that cannot be estimated with reasonable certainty, the compensation reported
for the member in the year prior to when the member went on
military leave. [2004 c 242 § 32.]
41.37.270
41.37.270 Vested membership. (Effective July 1,
2006.) A member who separates or has separated after having completed at least five years of service may remain a
member during the period of the member's absence from service for the exclusive purpose only of receiving a retirement
allowance under RCW 41.37.210 if the member maintains
the member's accumulated contributions intact. [2004 c 242
§ 33.]
41.37.280
41.37.280 Refund of contributions. (Effective July 1,
2006.) A member who ceases to be an employee of an
employer except by service or disability retirement may
request a refund of the member's accumulated contributions.
The refund shall be made within ninety days following the
receipt of the request and notification of termination through
the contribution reporting system by the employer; except
that in the case of death, an initial payment shall be made
within thirty days of receipt of request for such payment and
notification of termination through the contribution reporting
system by the employer. A member who files a request for
refund and subsequently enters into employment with
another employer prior to the refund being made shall not be
eligible for a refund. The refund of accumulated contributions shall terminate all rights to benefits under RCW
41.37.190 through 41.37.290. [2004 c 242 § 34.]
41.37.290
41.37.290 Reentry. (Effective July 1, 2006.) (1) A
member, who had left service and withdrawn the member's
accumulated contributions, shall receive service credit for
prior service if the member restores all withdrawn accumulated contributions together with interest since the time of
withdrawal as determined by the department.
The restoration of funds must be completed within five
years of the resumption of service or prior to retirement,
whichever occurs first.
[Title 41 RCW—page 205]
41.37.900
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) If a member fails to meet the time limitations of subsection (1) of this section, the member may receive service
credit destroyed by the withdrawn contributions if the
amount required under RCW 41.50.165(2) is paid. [2004 c
242 § 35.]
41.37.900
41.37.900 Benefits not contractual right until July 1,
2006. (Effective July 1, 2006.) The benefits provided pursuant to chapter 242, Laws of 2004 are not provided to employees as a matter of contractual right prior to July 1, 2006. The
legislature retains the right to alter or abolish these benefits at
any time prior to July 1, 2006. [2004 c 242 § 66.]
41.40.102
41.40.103
41.40.104
41.40.105
41.40.108
41.40.109
41.40.111
41.40.113
"PLAN 1"
41.40.145
41.40.150
41.40.160
41.40.163
41.37.901
41.37.901 Effective date—2004 c 242. This act takes
effect July 1, 2006. [2004 c 242 § 65.]
Chapter 41.40
Chapter 41.40 RCW
WASHINGTON PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
Sections
"PROVISIONS APPLICABLE TO PLAN 1, PLAN 2, AND PLAN 3"
41.40.005
41.40.010
41.40.020
41.40.021
41.40.023
41.40.028
41.40.032
41.40.035
41.40.037
41.40.038
41.40.042
41.40.048
41.40.052
41.40.054
41.40.055
41.40.056
41.40.057
41.40.058
41.40.059
41.40.061
41.40.062
41.40.068
41.40.073
41.40.078
41.40.082
41.40.088
41.40.092
41.40.0931
41.40.0932
41.40.095
41.40.096
41.40.098
Provisions applicable to "plan 1," "plan 2," and "plan 3."
Definitions.
System created—Administration.
Contingent application of chapter to charter schools.
Membership.
Nonelective position employees employed for at least nine
months—Deemed in eligible position, when.
Information furnished by employees, appointive and elective
officials.
Service credit prohibited for certain members of committees,
boards, and commissions and for certain appointive and elective officials.
Service by retirees—Reduction of retirement allowance upon
reemployment—Reestablishment of membership.
Duty disability retirement recipients—Continued service
credit.
Members agree to deductions.
Employer's contribution—Computation—Billing.
Exemption from taxation and judicial process—Exceptions—
Assignability—Deductions authorized.
Disability retirement—Criminal conduct.
Penalty for false statements.
Establishment of service credit—Former employees—
Employers admitted before July 23, 1995.
Establishment of service credit—Current and former employees—Employers admitted after July 23, 1995.
Transfer of service credit from statewide city employees'
retirement system.
Credit for service in Seattle's police relief and pension fund
system.
Credit for service in Seattle's police relief and pension fund
system—Terms and conditions.
Optional entry of system by political subdivisions or associations of political subdivisions—Procedure—School districts
declared employers and eligible employees members of system—Exception.
Hearing prior to appeal—Required—Notice.
Hearing prior to appeal—Conduct of hearing.
Judicial review in accordance with administrative procedure
act.
Appeal—No bond required.
Education employment—Service credit—Computation.
Transfer of cadet service credit to Washington state patrol
retirement system.
Death benefit—Death in the course of employment as a police
officer.
Death benefit—Course of employment.
Transfer of membership from judicial retirement system.
Law enforcement officers—Dual membership—Plan 1 exception.
Transfer of former service from judicial retirement system.
[Title 41 RCW—page 206]
Effect of certain accumulated vacation leave on retirement
benefits.
Benefit calculation—Limitation.
Establishing, restoring service credit.
Chapter not applicable to officers and employees of state convention and trade center.
Higher education classified employees—Membership in the
public employees' retirement system.
Retirement system employer—Termination of status.
Retirement system employer—Unit of government.
Public safety employees' retirement system—Election—
Membership.
41.40.170
41.40.175
41.40.180
41.40.185
41.40.188
41.40.189
41.40.190
41.40.191
41.40.193
41.40.197
41.40.1971
41.40.1984
41.40.1985
41.40.1986
41.40.200
41.40.210
41.40.220
41.40.230
41.40.235
41.40.250
41.40.260
41.40.262
41.40.270
41.40.280
41.40.300
41.40.310
41.40.320
41.40.330
41.40.363
Provisions applicable to plan 1.
Termination of membership—Restoration of service credit.
Creditable service.
Purchase of service credit—Service at Washington State University.
Credit for military service.
Service credit for paid leave of absence—Application to
elected officials of labor organizations.
Retirement—Length of service.
Retirement allowances—Members retiring after February 25,
1972.
Retirement allowance—Options—Retirement allowance
adjustment—Court-approved property settlement.
Retirement allowance—Adjustment eligibility.
Retirement allowance—In lieu of allowance provided in RCW
41.40.185.
Retirement allowance—Members with thirty years of service—Irrevocable election.
Dates upon which retirement allowances accrue.
Retirement allowance—Annual increases—Eligibility.
Definition—"Beneficiary."
Minimum retirement allowance—Annual adjustment—Persons who become beneficiaries after June 30, 1995.
Permanent retirement allowance adjustment.
Permanent increase for specified beneficiaries age seventy or
over.
Retirement for disability in line of duty—Applicability to certain judges.
Duty disability retirement allowance for disability after age
sixty.
Allowance on retirement for duty disability—Before sixty.
Nonduty disability—Applicability to certain judges.
Nonduty disability retirement allowance—Amount—Maximum—Death benefit.
Allowance on retirement for nonduty disability—Election.
Withdrawal from system—Refund of contributions—Waiver
of allowance, when.
Elected officials—Restoration of withdrawn contributions.
Death before retirement or within sixty days following application for disability retirement—Payment of contributions to
nominee, surviving spouse, or legal representative—Waiver
of payment, effect—Benefits.
Department may withhold refunds of contributions.
Benefits offset by workers' compensation or similar benefits.
Periodical examination of disability beneficiaries—Benefits
upon resumption of gainful employment.
Disability beneficiary—Restoration to service.
Contributions.
Employer's contributions—Labor guild, association or organization.
"PLAN 2"
41.40.610
41.40.620
41.40.625
41.40.630
41.40.640
41.40.660
41.40.670
41.40.680
41.40.690
41.40.700
41.40.710
41.40.713
Provisions applicable to plan 2.
Computation of the retirement allowance.
Lump sum retirement allowance—Reentry—Conditions for
reinstatement of service.
Retirement for service.
Post-retirement cost-of-living.
Options for payment of retirement allowances—Retirement
allowance adjustment—Court-approved property settlement.
Earned disability allowance—Applicability to certain
judges—Disposition upon death of recipient.
Application for and effective date of retirement allowances.
Suspension of retirement allowance upon reemployment—
Exceptions—Reinstatement.
Death benefits.
Service credit for paid leave of absence, officers of labor organizations, unpaid leave of absence, military service.
Purchase of additional service credit—Costs—Rules.
(2004 Ed.)
Washington Public Employees' Retirement System
41.40.720
41.40.730
41.40.740
41.40.748
41.40.750
Vested membership.
Refund of contributions.
Reentry.
Commercial vehicle enforcement officers—Limited optional
transfer to Washington state patrol retirement system.
Transfer of membership and service credit—Restoration of
contributions and service credit.
"PLAN 3"
41.40.780
41.40.785
41.40.787
41.40.790
41.40.795
41.40.801
41.40.805
41.40.811
41.40.815
41.40.820
41.40.825
41.40.830
41.40.833
41.40.835
41.40.840
41.40.845
41.40.850
41.40.900
41.40.920
41.40.930
41.40.931
41.40.932
Provisions applicable to plan 3—Plan 3 elements.
Membership in plan 2 or plan 3—Irrevocable choice—Default
to plan 3.
Right to waive benefit—Irrevocable choice.
Computation of retirement allowance.
Transfer period and basis—Additional transfer payment.
Application for and effective date of retirement allowances.
Leaves of absence—Military service.
Purchased service credit—Allocation.
Lump sum payments—Reentry.
Retirement eligibility.
Disability allowance—Death of recipient.
Restored, purchased service credit under plan 2—Transfer to
plan 3.
Purchase of additional service credit—Costs—Rules.
Death benefits.
Postretirement cost-of-living.
Options for payment of retirement allowances—Courtapproved property settlement.
Suspension of retirement allowance upon reemployment—
Exception—Reinstatement.
Severability—1977 ex.s. c 295.
Effective date—1977 ex.s. c 295.
Benefits not contractual right until March 1, 2002.
Effective dates—2000 c 247.
Subchapter headings not law—2000 c 247.
Numerical designations—1998 c 341: See note following chapter
41.26 RCW digest.
Portability of public retirement benefits: Chapter 41.54 RCW.
Transfer of membership to judges' retirement system: RCW 2.12.100.
"PROVISIONS APPLICABLE TO PLAN 1, PLAN 2,
AND PLAN 3"
41.40.005 Provisions applicable to "plan 1," "plan
2," and "plan 3." RCW 41.40.010 through *41.40.112 shall
apply to members of plan 1, plan 2, and plan 3. [2000 c 247
§ 101; 1992 c 72 § 8; 1991 c 35 § 69; 1989 c 273 § 20; 1989
c 272 § 7; 1979 ex.s. c 249 § 6; 1977 ex.s. c 295 § 21.]
41.40.005
*Reviser's note: RCW 41.40.112 was decodified August 1993.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1989 c 273: See RCW 41.45.900.
Purpose—1989 c 272: See note following RCW 41.32.005.
41.40.010 Definitions. (Effective until July 1, 2006.)
As used in this chapter, unless a different meaning is plainly
required by the context:
(1) "Retirement system" means the public employees'
retirement system provided for in this chapter.
(2) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(3) "State treasurer" means the treasurer of the state of
Washington.
(4)(a) "Employer" for plan 1 members, means every
branch, department, agency, commission, board, and office
of the state, any political subdivision or association of political subdivisions of the state admitted into the retirement system, and legal entities authorized by RCW 35.63.070 and
36.70.060 or chapter 39.34 RCW; and the term shall also
include any labor guild, association, or organization the
membership of a local lodge or division of which is com41.40.010
(2004 Ed.)
41.40.010
prised of at least forty percent employees of an employer
(other than such labor guild, association, or organization)
within this chapter. The term may also include any city of the
first class that has its own retirement system.
(b) "Employer" for plan 2 and plan 3 members, means
every branch, department, agency, commission, board, and
office of the state, and any political subdivision and municipal corporation of the state admitted into the retirement system, including public agencies created pursuant to RCW
35.63.070, 36.70.060, and 39.34.030; except that after
August 31, 2000, school districts and educational service districts will no longer be employers for the public employees'
retirement system plan 2.
(5) "Member" means any employee included in the
membership of the retirement system, as provided for in
RCW 41.40.023. RCW 41.26.045 does not prohibit a person
otherwise eligible for membership in the retirement system
from establishing such membership effective when he or she
first entered an eligible position.
(6) "Original member" of this retirement system means:
(a) Any person who became a member of the system
prior to April 1, 1949;
(b) Any person who becomes a member through the
admission of an employer into the retirement system on and
after April 1, 1949, and prior to April 1, 1951;
(c) Any person who first becomes a member by securing
employment with an employer prior to April 1, 1951, provided the member has rendered at least one or more years of
service to any employer prior to October 1, 1947;
(d) Any person who first becomes a member through the
admission of an employer into the retirement system on or
after April 1, 1951, provided, such person has been in the regular employ of the employer for at least six months of the
twelve-month period preceding the said admission date;
(e) Any member who has restored all contributions that
may have been withdrawn as provided by RCW 41.40.150
and who on the effective date of the individual's retirement
becomes entitled to be credited with ten years or more of
membership service except that the provisions relating to the
minimum amount of retirement allowance for the member
u p o n r e ti r e m e n t a t a g e s e v e n ty a s f o u n d i n R CW
41.40.190(4) shall not apply to the member;
(f) Any member who has been a contributor under the
system for two or more years and who has restored all contributions that may have been withdrawn as provided by RCW
41.40.150 and who on the effective date of the individual's
retirement has rendered five or more years of service for the
state or any political subdivision prior to the time of the
admission of the employer into the system; except that the
provisions relating to the minimum amount of retirement
allowance for the member upon retirement at age seventy as
found in RCW 41.40.190(4) shall not apply to the member.
(7) "New member" means a person who becomes a
member on or after April 1, 1949, except as otherwise provided in this section.
(8)(a) "Compensation earnable" for plan 1 members,
means salaries or wages earned during a payroll period for
personal services and where the compensation is not all paid
in money, maintenance compensation shall be included upon
the basis of the schedules established by the member's
employer.
[Title 41 RCW—page 207]
41.40.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
(i) "Compensation earnable" for plan 1 members also
includes the following actual or imputed payments, which are
not paid for personal services:
(A) Retroactive payments to an individual by an
employer on reinstatement of the employee in a position, or
payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have
earned during a payroll period shall be considered compensation earnable and the individual shall receive the equivalent
service credit;
(B) If a leave of absence is taken by an individual for the
purpose of serving in the state legislature, the salary which
would have been received for the position from which the
leave of absence was taken, shall be considered as compensation earnable if the employee's contribution is paid by the
employee and the employer's contribution is paid by the
employer or employee;
(C) Assault pay only as authorized by RCW 27.04.100,
72.01.045, and 72.09.240;
(D) Compensation that a member would have received
but for a disability occurring in the line of duty only as authorized by RCW 41.40.038;
(E) Compensation that a member receives due to participation in the leave sharing program only as authorized by
RCW 41.04.650 through 41.04.670; and
(F) Compensation that a member receives for being in
standby status. For the purposes of this section, a member is
in standby status when not being paid for time actually
worked and the employer requires the member to be prepared
to report immediately for work, if the need arises, although
the need may not arise.
(ii) "Compensation earnable" does not include:
(A) Remuneration for unused sick leave authorized
under RCW 41.04.340, 28A.400.210, or 28A.310.490;
(B) Remuneration for unused annual leave in excess of
thirty days as authorized by RCW 43.01.044 and 43.01.041.
(b) "Compensation earnable" for plan 2 and plan 3 members, means salaries or wages earned by a member during a
payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under
provisions established pursuant to sections 403(b), 414(h),
and 457 of the United States Internal Revenue Code, but shall
exclude nonmoney maintenance compensation and lump sum
or other payments for deferred annual sick leave, unused
accumulated vacation, unused accumulated annual leave, or
any form of severance pay.
"Compensation earnable" for plan 2 and plan 3 members
also includes the following actual or imputed payments,
which are not paid for personal services:
(i) Retroactive payments to an individual by an employer
on reinstatement of the employee in a position, or payments
by an employer to an individual in lieu of reinstatement in a
position which are awarded or granted as the equivalent of
the salary or wage which the individual would have earned
during a payroll period shall be considered compensation
earnable to the extent provided above, and the individual
shall receive the equivalent service credit;
(ii) In any year in which a member serves in the legislature, the member shall have the option of having such member's compensation earnable be the greater of:
[Title 41 RCW—page 208]
(A) The compensation earnable the member would have
received had such member not served in the legislature; or
(B) Such member's actual compensation earnable
received for nonlegislative public employment and legislative service combined. Any additional contributions to the
retirement system required because compensation earnable
under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B) of this subsection shall be paid
by the member for both member and employer contributions;
(iii) Assault pay only as authorized by RCW 27.04.100,
72.01.045, and 72.09.240;
(iv) Compensation that a member would have received
but for a disability occurring in the line of duty only as authorized by RCW 41.40.038;
(v) Compensation that a member receives due to participation in the leave sharing program only as authorized by
RCW 41.04.650 through 41.04.670; and
(vi) Compensation that a member receives for being in
standby status. For the purposes of this section, a member is
in standby status when not being paid for time actually
worked and the employer requires the member to be prepared
to report immediately for work, if the need arises, although
the need may not arise.
(9)(a) "Service" for plan 1 members, except as provided
in RCW 41.40.088, means periods of employment in an eligible position or positions for one or more employers rendered
to any employer for which compensation is paid, and
includes time spent in office as an elected or appointed official of an employer. Compensation earnable earned in full
time work for seventy hours or more in any given calendar
month shall constitute one service credit month except as
provided in RCW 41.40.088. Compensation earnable earned
for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service except as
provided in RCW 41.40.088. Only service credit months and
one-quarter service credit months shall be counted in the
computation of any retirement allowance or other benefit
provided for in this chapter. Any fraction of a year of service
shall be taken into account in the computation of such retirement allowance or benefits. Time spent in standby status,
whether compensated or not, is not service.
(i) Service by a state employee officially assigned by the
state on a temporary basis to assist another public agency,
shall be considered as service as a state employee: PROVIDED, That service to any other public agency shall not be
considered service as a state employee if such service has
been used to establish benefits in any other public retirement
system.
(ii) An individual shall receive no more than a total of
twelve service credit months of service during any calendar
year. If an individual is employed in an eligible position by
one or more employers the individual shall receive no more
than one service credit month during any calendar month in
which multiple service for seventy or more hours is rendered.
(iii) A school district employee may count up to fortyfive days of sick leave as creditable service solely for the purpose of determining eligibility to retire under RCW
41.40.180 as authorized by RCW 28A.400.300. For purposes
of plan 1 "forty-five days" as used in RCW 28A.400.300 is
equal to two service credit months. Use of less than forty(2004 Ed.)
Washington Public Employees' Retirement System
five days of sick leave is creditable as allowed under this subsection as follows:
(A) Less than twenty-two days equals one-quarter service credit month;
(B) Twenty-two days equals one service credit month;
(C) More than twenty-two days but less than forty-five
days equals one and one-quarter service credit month.
(b) "Service" for plan 2 and plan 3 members, means periods of employment by a member in an eligible position or
positions for one or more employers for which compensation
earnable is paid. Compensation earnable earned for ninety or
more hours in any calendar month shall constitute one service
credit month except as provided in RCW 41.40.088. Compensation earnable earned for at least seventy hours but less
than ninety hours in any calendar month shall constitute onehalf service credit month of service. Compensation earnable
earned for less than seventy hours in any calendar month
shall constitute one-quarter service credit month of service.
Time spent in standby status, whether compensated or not, is
not service.
Any fraction of a year of service shall be taken into
account in the computation of such retirement allowance or
benefits.
(i) Service in any state elective position shall be deemed
to be full time service, except that persons serving in state
elective positions who are members of the Washington
school employees' retirement system, teachers' retirement
system, or law enforcement officers' and fire fighters' retirement system at the time of election or appointment to such
position may elect to continue membership in the Washington school employees' retirement system, teachers' retirement
system, or law enforcement officers' and fire fighters' retirement system.
(ii) A member shall receive a total of not more than
twelve service credit months of service for such calendar
year. If an individual is employed in an eligible position by
one or more employers the individual shall receive no more
than one service credit month during any calendar month in
which multiple service for ninety or more hours is rendered.
(iii) Up to forty-five days of sick leave may be creditable
as service solely for the purpose of determining eligibility to
retire under RCW 41.40.180 as authorized by RCW
28A.400.300. For purposes of plan 2 and plan 3 "forty-five
days" as used in RCW 28A.400.300 is equal to two service
credit months. Use of less than forty-five days of sick leave
is creditable as allowed under this subsection as follows:
(A) Less than eleven days equals one-quarter service
credit month;
(B) Eleven or more days but less than twenty-two days
equals one-half service credit month;
(C) Twenty-two days equals one service credit month;
(D) More than twenty-two days but less than thirty-three
days equals one and one-quarter service credit month;
(E) Thirty-three or more days but less than forty-five
days equals one and one-half service credit month.
(10) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(11) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.
(2004 Ed.)
41.40.010
(12) "Prior service" means all service of an original
member rendered to any employer prior to October 1, 1947.
(13) "Membership service" means:
(a) All service rendered, as a member, after October 1,
1947;
(b) All service after October 1, 1947, to any employer
prior to the time of its admission into the retirement system
for which member and employer contributions, plus interest
as required by RCW 41.50.125, have been paid under RCW
41.40.056 or 41.40.057;
(c) Service not to exceed six consecutive months of probationary service rendered after April 1, 1949, and prior to
becoming a member, in the case of any member, upon payment in full by such member of the total amount of the
employer's contribution to the retirement fund which would
have been required under the law in effect when such probationary service was rendered if the member had been a member during such period, except that the amount of the
employer's contribution shall be calculated by the director
based on the first month's compensation earnable as a member;
(d) Service not to exceed six consecutive months of probationary service, rendered after October 1, 1947, and before
April 1, 1949, and prior to becoming a member, in the case of
any member, upon payment in full by such member of five
percent of such member's salary during said period of probationary service, except that the amount of the employer's contribution shall be calculated by the director based on the first
month's compensation earnable as a member.
(14)(a) "Beneficiary" for plan 1 members, means any
person in receipt of a retirement allowance, pension or other
benefit provided by this chapter.
(b) "Beneficiary" for plan 2 and plan 3 members, means
any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered
to an employer by another person.
(15) "Regular interest" means such rate as the director
may determine.
(16) "Accumulated contributions" means the sum of all
contributions standing to the credit of a member in the member's individual account, including any amount paid under
RCW 41.50.165(2), together with the regular interest
thereon.
(17)(a) "Average final compensation" for plan 1 members, means the annual average of the greatest compensation
earnable by a member during any consecutive two year
period of service credit months for which service credit is
allowed; or if the member has less than two years of service
credit months then the annual average compensation earnable
during the total years of service for which service credit is
allowed.
(b) "Average final compensation" for plan 2 and plan 3
members, means the member's average compensation earnable of the highest consecutive sixty months of service credit
months prior to such member's retirement, termination, or
death. Periods constituting authorized leaves of absence may
not be used in the calculation of average final compensation
except under RCW 41.40.710(2).
(18) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of
employment.
[Title 41 RCW—page 209]
41.40.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
(19) "Annuity" means payments for life derived from
accumulated contributions of a member. All annuities shall
be paid in monthly installments.
(20) "Pension" means payments for life derived from
contributions made by the employer. All pensions shall be
paid in monthly installments.
(21) "Retirement allowance" means the sum of the annuity and the pension.
(22) "Employee" or "employed" means a person who is
providing services for compensation to an employer, unless
the person is free from the employer's direction and control
over the performance of work. The department shall adopt
rules and interpret this subsection consistent with common
law.
(23) "Actuarial equivalent" means a benefit of equal
value when computed upon the basis of such mortality and
other tables as may be adopted by the director.
(24) "Retirement" means withdrawal from active service
with a retirement allowance as provided by this chapter.
(25) "Eligible position" means:
(a) Any position that, as defined by the employer, normally requires five or more months of service a year for
which regular compensation for at least seventy hours is
earned by the occupant thereof. For purposes of this chapter
an employer shall not define "position" in such a manner that
an employee's monthly work for that employer is divided into
more than one position;
(b) Any position occupied by an elected official or person appointed directly by the governor, or appointed by the
chief justice of the supreme court under RCW 2.04.240(2) or
2.06.150(2), for which compensation is paid.
(26) "Ineligible position" means any position which does
not conform with the requirements set forth in subsection
(25) of this section.
(27) "Leave of absence" means the period of time a
member is authorized by the employer to be absent from service without being separated from membership.
(28) "Totally incapacitated for duty" means total inability to perform the duties of a member's employment or office
or any other work for which the member is qualified by training or experience.
(29) "Retiree" means any person who has begun accruing a retirement allowance or other benefit provided by this
chapter resulting from service rendered to an employer while
a member.
(30) "Director" means the director of the department.
(31) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(32) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(33) "Plan 1" means the public employees' retirement
system, plan 1 providing the benefits and funding provisions
covering persons who first became members of the system
prior to October 1, 1977.
(34) "Plan 2" means the public employees' retirement
system, plan 2 providing the benefits and funding provisions
covering persons who first became members of the system on
and after October 1, 1977, and are not included in plan 3.
[Title 41 RCW—page 210]
(35) "Plan 3" means the public employees' retirement
system, plan 3 providing the benefits and funding provisions
covering persons who:
(a) First become a member on or after:
(i) March 1, 2002, and are employed by a state agency or
institute of higher education and who did not choose to enter
plan 2; or
(ii) September 1, 2002, and are employed by other than a
state agency or institute of higher education and who did not
choose to enter plan 2; or
(b) Transferred to plan 3 under RCW 41.40.795.
(36) "Index" means, for any calendar year, that year's
annual average consumer price index, Seattle, Washington
area, for urban wage earners and clerical workers, all items,
compiled by the bureau of labor statistics, United States
department of labor.
(37) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(38) "Index B" means the index for the year prior to
index A.
(39) "Index year" means the earliest calendar year in
which the index is more than sixty percent of index A.
(40) "Adjustment ratio" means the value of index A
divided by index B.
(41) "Annual increase" means, initially, fifty-nine cents
per month per year of service which amount shall be
increased each July 1st by three percent, rounded to the nearest cent.
(42) "Separation from service" occurs when a person has
terminated all employment with an employer. Separation
from service or employment does not occur, and if claimed
by an employer or employee may be a violation of RCW
41.40.055, when an employee and employer have a written or
oral agreement to resume employment with the same
employer following termination.
(43) "Member account" or "member's account" for purposes of plan 3 means the sum of the contributions and earnings on behalf of the member in the defined contribution portion of plan 3. [2003 c 412 § 4; 2000 c 247 § 102; 1998 c 341
§ 601. Prior: 1997 c 254 § 10; 1997 c 88 § 6; prior: 1995 c
345 § 10; 1995 c 286 § 1; 1995 c 244 § 3; prior: 1994 c 298
§ 2; 1994 c 247 § 5; 1994 c 197 § 23; 1994 c 177 § 8; 1993 c
95 § 8; prior: 1991 c 343 § 6; 1991 c 35 § 70; 1990 c 274 §
3; prior: 1989 c 309 § 1; 1989 c 289 § 1; 1985 c 13 § 7; 1983
c 69 § 1; 1981 c 256 § 6; 1979 ex.s. c 249 § 7; 1977 ex.s. c
295 § 16; 1973 1st ex.s. c 190 § 2; 1972 ex.s. c 151 § 1; 1971
ex.s. c 271 § 2; 1969 c 128 § 1; 1965 c 155 § 1; 1963 c 225 §
1; 1963 c 174 § 1; 1961 c 291 § 1; 1957 c 231 § 1; 1955 c 277
§ 1; 1953 c 200 § 1; 1951 c 50 § 1; 1949 c 240 § 1; 1947 c 274
§ 1; Rem. Supp. 1949 § 11072-1.]
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
Intent—1994 c 298: "(1) This act provides cross-references to existing
statutes that affect calculation of pensions under the retirement systems
authorized by chapters 41.40 and 41.32 RCW to the relevant definition sections of those chapters. Except as provided in subsection (2) of this section,
this act is technical in nature and neither enhances nor diminishes existing
pension rights. Except for the amendment to RCW 41.40.010(5), it is not the
intent of the legislature to change the substance or effect of any statute pre(2004 Ed.)
Washington Public Employees' Retirement System
viously enacted. Rather, this act provides cross-references to applicable statutes in order to aid with the administration of benefits authorized in chapters
41.40 and 41.32 RCW.
(2) The amendments to RCW 41.40.010 (5) and (29) contained in section 2, chapter 298, Laws of 1994, and to RCW 41.32.010(31) contained in
section 3, chapter 298, Laws of 1994, clarify the status of certain persons as
either members or retirees. RCW 41.04.275 and section 7, chapter 298,
Laws of 1994, create the pension funding account in the state treasury and
direct the transfer of moneys deposited in the budget stabilization account by
the 1993-95 operating appropriations act, section 919, chapter 24, Laws of
1993 sp. sess., for the continuing costs of state retirement system benefits in
effect on July 1, 1993, consistent with section 919, chapter 24, Laws of 1993
sp. sess. to the pension funding account." [1994 c 298 § 1.]
Effective date—1994 c 247: See note following RCW 41.32.4991.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Findings—1994 c 177: See note following RCW 41.50.125.
Retroactive application—Effective date—1993 c 95: See notes following RCW 41.40.175.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—Effective date—Construction—1990 c 274: See notes following RCW 41.32.010.
Purpose—Application—Retrospective application—1985 c 13:See
notes following RCW 41.04.445.
Applicability—1983 c 69: "Section 1 of this 1983 act applies only to
service credit accruing after July 24, 1983." [1983 c 69 § 3.]
Purpose—Severability—1981 c 256: See notes following RCW
41.26.030.
Severability—1973 1st ex.s. c 190: "If any provision of this 1973 act,
or its application to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances is not affected." [1973 1st ex.s. c 190 § 16.]
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1969 c 128 § 19.]
Severability—1965 c 155: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1965 c 155 § 10.]
Severability—1963 c 174: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1963 c 174 § 19.]
Severability—1961 c 291: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1961 c 291 § 18.]
41.40.010
41.40.010 Definitions. (Effective July 1, 2006.) As
used in this chapter, unless a different meaning is plainly
required by the context:
(1) "Retirement system" means the public employees'
retirement system provided for in this chapter.
(2) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(3) "State treasurer" means the treasurer of the state of
Washington.
(4)(a) "Employer" for plan 1 members, means every
branch, department, agency, commission, board, and office
of the state, any political subdivision or association of political subdivisions of the state admitted into the retirement system, and legal entities authorized by RCW 35.63.070 and
(2004 Ed.)
41.40.010
36.70.060 or chapter 39.34 RCW; and the term shall also
include any labor guild, association, or organization the
membership of a local lodge or division of which is comprised of at least forty percent employees of an employer
(other than such labor guild, association, or organization)
within this chapter. The term may also include any city of the
first class that has its own retirement system.
(b) "Employer" for plan 2 and plan 3 members, means
every branch, department, agency, commission, board, and
office of the state, and any political subdivision and municipal corporation of the state admitted into the retirement system, including public agencies created pursuant to RCW
35.63.070, 36.70.060, and 39.34.030; except that after
August 31, 2000, school districts and educational service districts will no longer be employers for the public employees'
retirement system plan 2.
(5) "Member" means any employee included in the
membership of the retirement system, as provided for in
RCW 41.40.023. RCW 41.26.045 does not prohibit a person
otherwise eligible for membership in the retirement system
from establishing such membership effective when he or she
first entered an eligible position.
(6) "Original member" of this retirement system means:
(a) Any person who became a member of the system
prior to April 1, 1949;
(b) Any person who becomes a member through the
admission of an employer into the retirement system on and
after April 1, 1949, and prior to April 1, 1951;
(c) Any person who first becomes a member by securing
employment with an employer prior to April 1, 1951, provided the member has rendered at least one or more years of
service to any employer prior to October 1, 1947;
(d) Any person who first becomes a member through the
admission of an employer into the retirement system on or
after April 1, 1951, provided, such person has been in the regular employ of the employer for at least six months of the
twelve-month period preceding the said admission date;
(e) Any member who has restored all contributions that
may have been withdrawn as provided by RCW 41.40.150
and who on the effective date of the individual's retirement
becomes entitled to be credited with ten years or more of
membership service except that the provisions relating to the
minimum amount of retirement allowance for the member
u p o n r e ti r e m e n t a t a g e s e v e n ty a s f o u n d i n R CW
41.40.190(4) shall not apply to the member;
(f) Any member who has been a contributor under the
system for two or more years and who has restored all contributions that may have been withdrawn as provided by RCW
41.40.150 and who on the effective date of the individual's
retirement has rendered five or more years of service for the
state or any political subdivision prior to the time of the
admission of the employer into the system; except that the
provisions relating to the minimum amount of retirement
allowance for the member upon retirement at age seventy as
found in RCW 41.40.190(4) shall not apply to the member.
(7) "New member" means a person who becomes a
member on or after April 1, 1949, except as otherwise provided in this section.
(8)(a) "Compensation earnable" for plan 1 members,
means salaries or wages earned during a payroll period for
personal services and where the compensation is not all paid
[Title 41 RCW—page 211]
41.40.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
in money, maintenance compensation shall be included upon
the basis of the schedules established by the member's
employer.
(i) "Compensation earnable" for plan 1 members also
includes the following actual or imputed payments, which are
not paid for personal services:
(A) Retroactive payments to an individual by an
employer on reinstatement of the employee in a position, or
payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wage which the individual would have
earned during a payroll period shall be considered compensation earnable and the individual shall receive the equivalent
service credit;
(B) If a leave of absence is taken by an individual for the
purpose of serving in the state legislature, the salary which
would have been received for the position from which the
leave of absence was taken, shall be considered as compensation earnable if the employee's contribution is paid by the
employee and the employer's contribution is paid by the
employer or employee;
(C) Assault pay only as authorized by RCW 27.04.100,
72.01.045, and 72.09.240;
(D) Compensation that a member would have received
but for a disability occurring in the line of duty only as authorized by RCW 41.40.038;
(E) Compensation that a member receives due to participation in the leave sharing program only as authorized by
RCW 41.04.650 through 41.04.670; and
(F) Compensation that a member receives for being in
standby status. For the purposes of this section, a member is
in standby status when not being paid for time actually
worked and the employer requires the member to be prepared
to report immediately for work, if the need arises, although
the need may not arise.
(ii) "Compensation earnable" does not include:
(A) Remuneration for unused sick leave authorized
under RCW 41.04.340, 28A.400.210, or 28A.310.490;
(B) Remuneration for unused annual leave in excess of
thirty days as authorized by RCW 43.01.044 and 43.01.041.
(b) "Compensation earnable" for plan 2 and plan 3 members, means salaries or wages earned by a member during a
payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under
provisions established pursuant to sections 403(b), 414(h),
and 457 of the United States Internal Revenue Code, but shall
exclude nonmoney maintenance compensation and lump sum
or other payments for deferred annual sick leave, unused
accumulated vacation, unused accumulated annual leave, or
any form of severance pay.
"Compensation earnable" for plan 2 and plan 3 members
also includes the following actual or imputed payments,
which are not paid for personal services:
(i) Retroactive payments to an individual by an employer
on reinstatement of the employee in a position, or payments
by an employer to an individual in lieu of reinstatement in a
position which are awarded or granted as the equivalent of
the salary or wage which the individual would have earned
during a payroll period shall be considered compensation
earnable to the extent provided above, and the individual
shall receive the equivalent service credit;
[Title 41 RCW—page 212]
(ii) In any year in which a member serves in the legislature, the member shall have the option of having such member's compensation earnable be the greater of:
(A) The compensation earnable the member would have
received had such member not served in the legislature; or
(B) Such member's actual compensation earnable
received for nonlegislative public employment and legislative service combined. Any additional contributions to the
retirement system required because compensation earnable
under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B) of this subsection shall be paid
by the member for both member and employer contributions;
(iii) Assault pay only as authorized by RCW 27.04.100,
72.01.045, and 72.09.240;
(iv) Compensation that a member would have received
but for a disability occurring in the line of duty only as authorized by RCW 41.40.038;
(v) Compensation that a member receives due to participation in the leave sharing program only as authorized by
RCW 41.04.650 through 41.04.670; and
(vi) Compensation that a member receives for being in
standby status. For the purposes of this section, a member is
in standby status when not being paid for time actually
worked and the employer requires the member to be prepared
to report immediately for work, if the need arises, although
the need may not arise.
(9)(a) "Service" for plan 1 members, except as provided
in RCW 41.40.088, means periods of employment in an eligible position or positions for one or more employers rendered
to any employer for which compensation is paid, and
includes time spent in office as an elected or appointed official of an employer. Compensation earnable earned in full
time work for seventy hours or more in any given calendar
month shall constitute one service credit month except as
provided in RCW 41.40.088. Compensation earnable earned
for less than seventy hours in any calendar month shall constitute one-quarter service credit month of service except as
provided in RCW 41.40.088. Only service credit months and
one-quarter service credit months shall be counted in the
computation of any retirement allowance or other benefit
provided for in this chapter. Any fraction of a year of service
shall be taken into account in the computation of such retirement allowance or benefits. Time spent in standby status,
whether compensated or not, is not service.
(i) Service by a state employee officially assigned by the
state on a temporary basis to assist another public agency,
shall be considered as service as a state employee: PROVIDED, That service to any other public agency shall not be
considered service as a state employee if such service has
been used to establish benefits in any other public retirement
system.
(ii) An individual shall receive no more than a total of
twelve service credit months of service during any calendar
year. If an individual is employed in an eligible position by
one or more employers the individual shall receive no more
than one service credit month during any calendar month in
which multiple service for seventy or more hours is rendered.
(iii) A school district employee may count up to fortyfive days of sick leave as creditable service solely for the purpose of determining eligibility to retire under RCW
41.40.180 as authorized by RCW 28A.400.300. For purposes
(2004 Ed.)
Washington Public Employees' Retirement System
of plan 1 "forty-five days" as used in RCW 28A.400.300 is
equal to two service credit months. Use of less than fortyfive days of sick leave is creditable as allowed under this subsection as follows:
(A) Less than twenty-two days equals one-quarter service credit month;
(B) Twenty-two days equals one service credit month;
(C) More than twenty-two days but less than forty-five
days equals one and one-quarter service credit month.
(b) "Service" for plan 2 and plan 3 members, means periods of employment by a member in an eligible position or
positions for one or more employers for which compensation
earnable is paid. Compensation earnable earned for ninety or
more hours in any calendar month shall constitute one service
credit month except as provided in RCW 41.40.088. Compensation earnable earned for at least seventy hours but less
than ninety hours in any calendar month shall constitute onehalf service credit month of service. Compensation earnable
earned for less than seventy hours in any calendar month
shall constitute one-quarter service credit month of service.
Time spent in standby status, whether compensated or not, is
not service.
Any fraction of a year of service shall be taken into
account in the computation of such retirement allowance or
benefits.
(i) Service in any state elective position shall be deemed
to be full time service, except that persons serving in state
elective positions who are members of the Washington
school employees' retirement system, teachers' retirement
system, public safety employees' retirement system, or law
enforcement officers' and fire fighters' retirement system at
the time of election or appointment to such position may elect
to continue membership in the Washington school employees' retirement system, teachers' retirement system, public
safety employees' retirement system, or law enforcement
officers' and fire fighters' retirement system.
(ii) A member shall receive a total of not more than
twelve service credit months of service for such calendar
year. If an individual is employed in an eligible position by
one or more employers the individual shall receive no more
than one service credit month during any calendar month in
which multiple service for ninety or more hours is rendered.
(iii) Up to forty-five days of sick leave may be creditable
as service solely for the purpose of determining eligibility to
retire under RCW 41.40.180 as authorized by RCW
28A.400.300. For purposes of plan 2 and plan 3 "forty-five
days" as used in RCW 28A.400.300 is equal to two service
credit months. Use of less than forty-five days of sick leave
is creditable as allowed under this subsection as follows:
(A) Less than eleven days equals one-quarter service
credit month;
(B) Eleven or more days but less than twenty-two days
equals one-half service credit month;
(C) Twenty-two days equals one service credit month;
(D) More than twenty-two days but less than thirty-three
days equals one and one-quarter service credit month;
(E) Thirty-three or more days but less than forty-five
days equals one and one-half service credit month.
(10) "Service credit year" means an accumulation of
months of service credit which is equal to one when divided
by twelve.
(2004 Ed.)
41.40.010
(11) "Service credit month" means a month or an accumulation of months of service credit which is equal to one.
(12) "Prior service" means all service of an original
member rendered to any employer prior to October 1, 1947.
(13) "Membership service" means:
(a) All service rendered, as a member, after October 1,
1947;
(b) All service after October 1, 1947, to any employer
prior to the time of its admission into the retirement system
for which member and employer contributions, plus interest
as required by RCW 41.50.125, have been paid under RCW
41.40.056 or 41.40.057;
(c) Service not to exceed six consecutive months of probationary service rendered after April 1, 1949, and prior to
becoming a member, in the case of any member, upon payment in full by such member of the total amount of the
employer's contribution to the retirement fund which would
have been required under the law in effect when such probationary service was rendered if the member had been a member during such period, except that the amount of the
employer's contribution shall be calculated by the director
based on the first month's compensation earnable as a member;
(d) Service not to exceed six consecutive months of probationary service, rendered after October 1, 1947, and before
April 1, 1949, and prior to becoming a member, in the case of
any member, upon payment in full by such member of five
percent of such member's salary during said period of probationary service, except that the amount of the employer's contribution shall be calculated by the director based on the first
month's compensation earnable as a member.
(14)(a) "Beneficiary" for plan 1 members, means any
person in receipt of a retirement allowance, pension or other
benefit provided by this chapter.
(b) "Beneficiary" for plan 2 and plan 3 members, means
any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered
to an employer by another person.
(15) "Regular interest" means such rate as the director
may determine.
(16) "Accumulated contributions" means the sum of all
contributions standing to the credit of a member in the member's individual account, including any amount paid under
RCW 41.50.165(2), together with the regular interest
thereon.
(17)(a) "Average final compensation" for plan 1 members, means the annual average of the greatest compensation
earnable by a member during any consecutive two year
period of service credit months for which service credit is
allowed; or if the member has less than two years of service
credit months then the annual average compensation earnable
during the total years of service for which service credit is
allowed.
(b) "Average final compensation" for plan 2 and plan 3
members, means the member's average compensation earnable of the highest consecutive sixty months of service credit
months prior to such member's retirement, termination, or
death. Periods constituting authorized leaves of absence may
not be used in the calculation of average final compensation
except under RCW 41.40.710(2).
[Title 41 RCW—page 213]
41.40.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
(18) "Final compensation" means the annual rate of compensation earnable by a member at the time of termination of
employment.
(19) "Annuity" means payments for life derived from
accumulated contributions of a member. All annuities shall
be paid in monthly installments.
(20) "Pension" means payments for life derived from
contributions made by the employer. All pensions shall be
paid in monthly installments.
(21) "Retirement allowance" means the sum of the annuity and the pension.
(22) "Employee" or "employed" means a person who is
providing services for compensation to an employer, unless
the person is free from the employer's direction and control
over the performance of work. The department shall adopt
rules and interpret this subsection consistent with common
law.
(23) "Actuarial equivalent" means a benefit of equal
value when computed upon the basis of such mortality and
other tables as may be adopted by the director.
(24) "Retirement" means withdrawal from active service
with a retirement allowance as provided by this chapter.
(25) "Eligible position" means:
(a) Any position that, as defined by the employer, normally requires five or more months of service a year for
which regular compensation for at least seventy hours is
earned by the occupant thereof. For purposes of this chapter
an employer shall not define "position" in such a manner that
an employee's monthly work for that employer is divided into
more than one position;
(b) Any position occupied by an elected official or person appointed directly by the governor, or appointed by the
chief justice of the supreme court under RCW 2.04.240(2) or
2.06.150(2), for which compensation is paid.
(26) "Ineligible position" means any position which does
not conform with the requirements set forth in subsection
(25) of this section.
(27) "Leave of absence" means the period of time a
member is authorized by the employer to be absent from service without being separated from membership.
(28) "Totally incapacitated for duty" means total inability to perform the duties of a member's employment or office
or any other work for which the member is qualified by training or experience.
(29) "Retiree" means any person who has begun accruing a retirement allowance or other benefit provided by this
chapter resulting from service rendered to an employer while
a member.
(30) "Director" means the director of the department.
(31) "State elective position" means any position held by
any person elected or appointed to statewide office or elected
or appointed as a member of the legislature.
(32) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(33) "Plan 1" means the public employees' retirement
system, plan 1 providing the benefits and funding provisions
covering persons who first became members of the system
prior to October 1, 1977.
(34) "Plan 2" means the public employees' retirement
system, plan 2 providing the benefits and funding provisions
[Title 41 RCW—page 214]
covering persons who first became members of the system on
and after October 1, 1977, and are not included in plan 3.
(35) "Plan 3" means the public employees' retirement
system, plan 3 providing the benefits and funding provisions
covering persons who:
(a) First become a member on or after:
(i) March 1, 2002, and are employed by a state agency or
institute of higher education and who did not choose to enter
plan 2; or
(ii) September 1, 2002, and are employed by other than a
state agency or institute of higher education and who did not
choose to enter plan 2; or
(b) Transferred to plan 3 under RCW 41.40.795.
(36) "Index" means, for any calendar year, that year's
annual average consumer price index, Seattle, Washington
area, for urban wage earners and clerical workers, all items,
compiled by the bureau of labor statistics, United States
department of labor.
(37) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(38) "Index B" means the index for the year prior to
index A.
(39) "Index year" means the earliest calendar year in
which the index is more than sixty percent of index A.
(40) "Adjustment ratio" means the value of index A
divided by index B.
(41) "Annual increase" means, initially, fifty-nine cents
per month per year of service which amount shall be
increased each July 1st by three percent, rounded to the nearest cent.
(42) "Separation from service" occurs when a person has
terminated all employment with an employer. Separation
from service or employment does not occur, and if claimed
by an employer or employee may be a violation of RCW
41.40.055, when an employee and employer have a written or
oral agreement to resume employment with the same
employer following termination.
(43) "Member account" or "member's account" for purposes of plan 3 means the sum of the contributions and earnings on behalf of the member in the defined contribution portion of plan 3. [2004 c 242 § 53; 2003 c 412 § 4; 2000 c 247
§ 102; 1998 c 341 § 601. Prior: 1997 c 254 § 10; 1997 c 88
§ 6; prior: 1995 c 345 § 10; 1995 c 286 § 1; 1995 c 244 § 3;
prior: 1994 c 298 § 2; 1994 c 247 § 5; 1994 c 197 § 23; 1994
c 177 § 8; 1993 c 95 § 8; prior: 1991 c 343 § 6; 1991 c 35 §
70; 1990 c 274 § 3; prior: 1989 c 309 § 1; 1989 c 289 § 1;
1985 c 13 § 7; 1983 c 69 § 1; 1981 c 256 § 6; 1979 ex.s. c 249
§ 7; 1977 ex.s. c 295 § 16; 1973 1st ex.s. c 190 § 2; 1972 ex.s.
c 151 § 1; 1971 ex.s. c 271 § 2; 1969 c 128 § 1; 1965 c 155 §
1; 1963 c 225 § 1; 1963 c 174 § 1; 1961 c 291 § 1; 1957 c 231
§ 1; 1955 c 277 § 1; 1953 c 200 § 1; 1951 c 50 § 1; 1949 c 240
§ 1; 1947 c 274 § 1; Rem. Supp. 1949 § 11072-1.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
Intent—1994 c 298: "(1) This act provides cross-references to existing
statutes that affect calculation of pensions under the retirement systems
authorized by chapters 41.40 and 41.32 RCW to the relevant definition sec(2004 Ed.)
Washington Public Employees' Retirement System
tions of those chapters. Except as provided in subsection (2) of this section,
this act is technical in nature and neither enhances nor diminishes existing
pension rights. Except for the amendment to RCW 41.40.010(5), it is not the
intent of the legislature to change the substance or effect of any statute previously enacted. Rather, this act provides cross-references to applicable statutes in order to aid with the administration of benefits authorized in chapters
41.40 and 41.32 RCW.
(2) The amendments to RCW 41.40.010 (5) and (29) contained in section 2, chapter 298, Laws of 1994, and to RCW 41.32.010(31) contained in
section 3, chapter 298, Laws of 1994, clarify the status of certain persons as
either members or retirees. RCW 41.04.275 and section 7, chapter 298,
Laws of 1994, create the pension funding account in the state treasury and
direct the transfer of moneys deposited in the budget stabilization account by
the 1993-95 operating appropriations act, section 919, chapter 24, Laws of
1993 sp. sess., for the continuing costs of state retirement system benefits in
effect on July 1, 1993, consistent with section 919, chapter 24, Laws of 1993
sp. sess. to the pension funding account." [1994 c 298 § 1.]
Effective date—1994 c 247: See note following RCW 41.32.4991.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Findings—1994 c 177: See note following RCW 41.50.125.
Retroactive application—Effective date—1993 c 95: See notes following RCW 41.40.175.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—Effective date—Construction—1990 c 274: See notes following RCW 41.32.010.
Purpose—Application—Retrospective application—1985 c 13:See
notes following RCW 41.04.445.
Applicability—1983 c 69: "Section 1 of this 1983 act applies only to
service credit accruing after July 24, 1983." [1983 c 69 § 3.]
Purpose—Severability—1981 c 256: See notes following RCW
41.26.030.
Severability—1973 1st ex.s. c 190: "If any provision of this 1973 act,
or its application to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances is not affected." [1973 1st ex.s. c 190 § 16.]
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1969 c 128 § 19.]
Severability—1965 c 155: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1965 c 155 § 10.]
Severability—1963 c 174: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1963 c 174 § 19.]
Severability—1961 c 291: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1961 c 291 § 18.]
41.40.020
41.40.020 System created—Administration. A state
employees' retirement system is hereby created for the
employees of the state of Washington and its political subdivisions. The administration and management of the retirement system, the responsibility for making effective the provisions of this chapter, and the authority to make all rules and
regulations necessary therefor are hereby vested in the
department. All such rules and regulations shall be governed
by the provisions of chapter 34.05 RCW, as now or hereafter
amended. The retirement system herein provided for shall be
known as the Washington Public Employees' Retirement
(2004 Ed.)
41.40.023
System. [1991 c 35 § 71; 1969 c 128 § 2; 1967 c 127 § 1;
1949 c 240 § 2; 1947 c 274 § 2; Rem. Supp. 1949 § 11072-2.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.021
41.40.021 Contingent application of chapter to charter schools. (Effective unless Referendum Measure No. 55
is approved at the November 2004 general election.) This
section designates charter schools as employers and charter
school employees as members, and applies only if the department of retirement systems receives determinations from the
internal revenue service and the United States department of
labor that participation does not jeopardize the status of these
retirement systems as governmental plans under the federal
employees' retirement income security act and the internal
revenue code. [2004 c 22 § 23.]
Severability—2004 c 22: See RCW 28A.208.901.
41.40.023
41.40.023 Membership. Membership in the retirement
system shall consist of all regularly compensated employees
and appointive and elective officials of employers, as defined
in this chapter, with the following exceptions:
(1) Persons in ineligible positions;
(2) Employees of the legislature except the officers
thereof elected by the members of the senate and the house
and legislative committees, unless membership of such
employees be authorized by the said committee;
(3)(a) Persons holding elective offices or persons
appointed directly by the governor: PROVIDED, That such
persons shall have the option of applying for membership
during such periods of employment: AND PROVIDED
FURTHER, That any persons holding or who have held elective offices or persons appointed by the governor who are
members in the retirement system and who have, prior to
becoming such members, previously held an elective office,
and did not at the start of such initial or successive terms of
office exercise their option to become members, may apply
for membership to be effective during such term or terms of
office, and shall be allowed to establish the service credit
applicable to such term or terms of office upon payment of
the employee contributions therefor by the employee with
interest as determined by the director and employer contributions therefor by the employer or employee with interest as
determined by the director: AND PROVIDED FURTHER,
That all contributions with interest submitted by the
employee under this subsection shall be placed in the
employee's individual account in the employee's savings fund
and be treated as any other contribution made by the
employee, with the exception that any contributions submitted by the employee in payment of the employer's obligation,
together with the interest the director may apply to the
employer's contribution, shall not be considered part of the
member's annuity for any purpose except withdrawal of contributions;
(b) A member holding elective office who has elected to
apply for membership pursuant to (a) of this subsection and
who later wishes to be eligible for a retirement allowance
shall have the option of ending his or her membership in the
retirement system. A member wishing to end his or her membership under this subsection must file, on a form supplied by
[Title 41 RCW—page 215]
41.40.023
Title 41 RCW: Public Employment, Civil Service, and Pensions
the department, a statement indicating that the member
agrees to irrevocably abandon any claim for service for future
periods served as an elected official. A member who receives
more than fifteen thousand dollars per year in compensation
for his or her elective service, adjusted annually for inflation
by the director, is not eligible for the option provided by this
subsection (3)(b);
(4) Employees holding membership in, or receiving pension benefits under, any retirement plan operated wholly or in
part by an agency of the state or political subdivision thereof,
or who are by reason of their current employment contributing to or otherwise establishing the right to receive benefits
from any such retirement plan except as follows:
(a) In any case where the retirement system has in existence an agreement with another retirement system in connection with exchange of service credit or an agreement whereby
members can retain service credit in more than one system,
such an employee shall be allowed membership rights should
the agreement so provide;
(b) An employee shall be allowed membership if otherwise eligible while receiving survivor's benefits;
(c) An employee shall not either before or after June 7,
1984, be excluded from membership or denied service credit
pursuant to this subsection solely on account of: (i) Membership in the plan created under chapter 2.14 RCW; or (ii)
enrollment under the relief and compensation provisions or
the pension provisions of the volunteer fire fighters' relief and
pension fund under chapter 41.24 RCW;
(d) Except as provided in RCW 41.40.109, on or after
July 25, 1999, an employee shall not be excluded from membership or denied service credit pursuant to this subsection
solely on account of participation in a defined contribution
pension plan qualified under section 401 of the internal revenue code;
(e) Employees who have been reported in the retirement
system prior to July 25, 1999, and who participated during
the same period of time in a defined contribution pension
plan qualified under section 401 of the internal revenue code
and operated wholly or in part by the employer, shall not be
excluded from previous retirement system membership and
service credit on account of such participation;
(5) Patient and inmate help in state charitable, penal, and
correctional institutions;
(6) "Members" of a state veterans' home or state soldiers'
home;
(7) Persons employed by an institution of higher learning
or community college, primarily as an incident to and in furtherance of their education or training, or the education or
training of a spouse;
(8) Employees of an institution of higher learning or
community college during the period of service necessary to
establish eligibility for membership in the retirement plans
operated by such institutions;
(9) Persons rendering professional services to an
employer on a fee, retainer, or contract basis or when the
income from these services is less than fifty percent of the
gross income received from the person's practice of a profession;
(10) Persons appointed after April 1, 1963, by the liquor
control board as agency vendors;
[Title 41 RCW—page 216]
(11) Employees of a labor guild, association, or organization: PROVIDED, That elective officials and employees
of a labor guild, association, or organization which qualifies
as an employer within this chapter shall have the option of
applying for membership;
(12) Retirement system retirees: PROVIDED, That following reemployment in an eligible position, a retiree may
elect to prospectively become a member of the retirement
system if otherwise eligible;
(13) Persons employed by or appointed or elected as an
official of a first class city that has its own retirement system:
PROVIDED, That any member elected or appointed to an
elective office on or after April 1, 1971, shall have the option
of continuing as a member of this system in lieu of becoming
a member of the city system. A member who elects to continue as a member of this system shall pay the appropriate
member contributions and the city shall pay the employer
contributions at the rates prescribed by this chapter. The city
shall also transfer to this system all of such member's accumulated contributions together with such further amounts as
necessary to equal all employee and employer contributions
which would have been paid into this system on account of
such service with the city and thereupon the member shall be
granted credit for all such service. Any city that becomes an
employer as defined in RCW 41.40.010(4) as the result of an
individual's election under this subsection shall not be
required to have all employees covered for retirement under
the provisions of this chapter. Nothing in this subsection shall
prohibit a city of the first class with its own retirement system
from: (a) Transferring all of its current employees to the
retirement system established under this chapter, or (b)
allowing newly hired employees the option of continuing
coverage under the retirement system established by this
chapter.
Notwithstanding any other provision of this chapter, persons transferring from employment with a first class city of
over four hundred thousand population that has its own
retirement system to employment with the state department
of agriculture may elect to remain within the retirement system of such city and the state shall pay the employer contributions for such persons at like rates as prescribed for
employers of other members of such system;
(14) Employees who (a) are not citizens of the United
States, (b) do not reside in the United States, and (c) perform
duties outside of the United States;
(15) Employees who (a) are not citizens of the United
States, (b) are not covered by chapter 41.48 RCW, (c) are not
excluded from membership under this chapter or chapter
41.04 RCW, (d) are residents of this state, and (e) make an
irrevocable election to be excluded from membership, in
writing, which is submitted to the director within thirty days
after employment in an eligible position;
(16) Employees who are citizens of the United States and
who reside and perform duties for an employer outside of the
United States: PROVIDED, That unless otherwise excluded
under this chapter or chapter 41.04 RCW, the employee may
apply for membership (a) within thirty days after employment in an eligible position and membership service credit
shall be granted from the first day of membership service,
and (b) after this thirty-day period, but membership service
credit shall be granted only if payment is made for the non(2004 Ed.)
Washington Public Employees' Retirement System
credited membership service under RCW 41.50.165(2), otherwise service shall be from the date of application;
(17) The city manager or chief administrative officer of
a city or town, other than a retiree, who serves at the pleasure
of an appointing authority: PROVIDED, That such persons
shall have the option of applying for membership within
thirty days from date of their appointment to such positions.
Persons serving in such positions as of April 4, 1986, shall
continue to be members in the retirement system unless they
notify the director in writing prior to December 31, 1986, of
their desire to withdraw from membership in the retirement
system. A member who withdraws from membership in the
system under this section shall receive a refund of the member's accumulated contributions.
Persons serving in such positions who have not opted for
membership within the specified thirty days, may do so by
paying the amount required under RCW 41.50.165(2) for the
period from the date of their appointment to the date of
acceptance into membership;
(18) Persons serving as: (a) The chief administrative
officer of a public utility district as defined in RCW
54.16.100; (b) the chief administrative officer of a port district formed under chapter 53.04 RCW; or (c) the chief
administrative officer of a county who serves at the pleasure
of an appointing authority: PROVIDED, That such persons
shall have the option of applying for membership within
thirty days from the date of their appointment to such positions. Persons serving in such positions as of July 25, 1999,
shall continue to be members in the retirement system unless
they notify the director in writing prior to December 31,
1999, of their desire to withdraw from membership in the
retirement system. A member who withdraws from membership in the system under this section shall receive a refund of
the member's accumulated contributions upon termination of
employment or as otherwise consistent with the plan's tax
qualification status as defined in internal revenue code section 401.
Persons serving in such positions who have not opted for
membership within the specified thirty days, may do so at a
later date by paying the amount required under RCW
41.50.165(2) for the period from the date of their appointment to the date of acceptance into membership;
(19) Persons enrolled in state-approved apprenticeship
programs, authorized under chapter 49.04 RCW, and who are
employed by local governments to earn hours to complete
such apprenticeship programs, if the employee is a member
of a union-sponsored retirement plan and is making contributions to such a retirement plan or if the employee is a member
of a Taft-Hartley retirement plan;
(20) Beginning on July 22, 2001, persons employed
exclusively as trainers or trainees in resident apprentice training programs operated by housing authorities authorized
under chapter 35.82 RCW, (a) if the trainer or trainee is a
member of a union-sponsored retirement plan and is making
contributions to such a retirement plan or (b) if the employee
is a member of a Taft-Hartley retirement plan. [2001 c 37 §
1. Prior: 1999 c 286 § 2; 1999 c 244 § 1; 1997 c 254 § 11;
prior: 1994 c 298 § 8; 1994 c 197 § 24; 1993 c 319 § 1; prior:
1990 c 274 § 10; 1990 c 192 § 4; 1988 c 109 § 25; 1987 c 379
§ 1; 1986 c 317 § 5; 1984 c 184 § 13; 1984 c 121 § 1; 1982
1st ex.s. c 52 § 19; 1975 c 33 § 6; 1974 ex.s. c 195 § 2; 1973
(2004 Ed.)
41.40.032
1st ex.s. c 190 § 5; 1971 ex.s. c 271 § 4; 1969 c 128 § 5; 1967
c 127 § 3; 1965 c 155 § 2; 1963 c 225 § 2; 1963 c 210 § 1;
1957 c 231 § 2; 1955 c 277 § 2; 1953 c 200 § 5; 1951 c 50 §
2; 1949 c 240 § 7; 1947 c 274 § 13; Rem. Supp. 1949 §
11072-13. Formerly RCW 41.40.120.]
Intent—1999 c 286: "It is the intent of the legislature that retirement
benefits represent a valuable element of the total compensation and benefits
employees receive for their service. The value of these benefits is contained
in the retirement income and cost-of-living adjustments provided to employees who remain in public service until retirement. For the majority of public
employees, this requires membership in the public employees' retirement
system.
The legislature recognizes, however, that certain occupations display a
pattern of interstate mobility which requires retirement benefits which are
highly portable. Incumbents in these occupations gain little value from membership in the public employees' retirement system. In order to remove any
barrier to employing qualified personnel in positions with high mobility,
membership in the retirement system should be optional in those occupations." [1999 c 286 § 1.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Intent—1994 c 298: See note following RCW 41.40.010.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Effective date—1988 c 109: See note following RCW 2.10.030.
Legislative findings—Intent—Severability—1986 c 317: See notes
following RCW 41.40.150.
Severability—1984 c 184: See note following RCW 41.50.150.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Severability—1975 c 33: See note following RCW 35.21.780.
Severability—1974 ex.s. c 195: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 195 § 14.]
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: See note following RCW 41.40.010.
Pension benefits or annuity benefits for certain classifications of school district employees: RCW 28A.400.260.
41.40.028
41.40.028 Nonelective position employees employed
for at least nine months—Deemed in eligible position,
when. Any person who has been employed in a nonelective
position for at least nine months and who has made member
contributions required under this chapter throughout such
period, shall be deemed to have been in an eligible position
during such period of employment. [1980 c 112 § 2. Formerly RCW 41.40.123.]
41.40.032
41.40.032 Information furnished by employees,
appointive and elective officials. Within thirty days after
his or her employment or his or her acceptance into membership each employee or appointive or elective official shall
submit to the department a statement of his or her name, sex,
title, compensation, duties, date of birth, and length of service
as an employee or appointive or elective official, and such
other information as the department shall require. Each
employee who becomes a member shall file a detailed statement of all his or her prior service as an employee and shall
furnish such other facts as the department may require for the
[Title 41 RCW—page 217]
41.40.035
Title 41 RCW: Public Employment, Civil Service, and Pensions
proper operation of the retirement system. Compliance with
the provisions set forth in this section shall be considered to
be a condition of employment and failure by an employee to
comply may result in separation from service. [1991 c 35 §
76; 1949 c 240 § 8; 1947 c 274 § 1; Rem. Supp. 1949 §
11072-14. Formerly RCW 41.40.130.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.035 Service credit prohibited for certain members of committees, boards, and commissions and for certain appointive and elective officials. (1) No person
appointed to membership on any committee, board, or commission on or after July 1, 1976, who is compensated for service on such committee, board, or commission for fewer than
ten days or seventy hours in any month, whichever amount is
less, shall receive service credit for such service for that
month: PROVIDED, That on and after October 1, 1977,
appointive and elective officials who receive monthly compensation earnable from an employer in an amount equal to
or less than ninety times the state minimum hourly wage shall
not receive any service credit for such employment.
(2) This section does not apply to any person serving on
a committee, board, or commission on June 30, 1976, who
continued such service until subsequently appointed by the
governor to a different committee, board, or commission.
[1987 c 146 § 1; 1977 ex.s. c 295 § 17; 1975-'76 2nd ex.s. c
34 § 4. Formerly RCW 41.40.165.]
41.40.035
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
41.40.037 Service by retirees—Reduction of retirement allowance upon reemployment—Reestablishment
of membership. (Effective until July 1, 2006.) (1)(a) If a
retiree enters employment with an employer sooner than one
calendar month after his or her accrual date, the retiree's
monthly retirement allowance will be reduced by five and
one-half percent for every eight hours worked during that
month. This reduction will be applied each month until the
retiree remains absent from employment with an employer
for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred sixty hours
per month. Any benefit reduction over one hundred percent
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
(2)(a) Except as provided in (b) of this subsection, a
retiree from plan 1 who enters employment with an employer
at least one calendar month after his or her accrual date may
continue to receive pension payments while engaged in such
service for up to eight hundred sixty-seven hours of service in
a calendar year without a reduction of pension.
(b) A retiree from plan 1 who enters employment with an
employer at least three calendar months after his or her
accrual date and:
(i) Is hired into a position for which the employer has
documented a justifiable need to hire a retiree into the position;
(ii) Is hired through the established process for the position with the approval of: A school board for a school district; the chief executive officer of a state agency employer;
the secretary of the senate for the senate; the chief clerk of the
41.40.037
[Title 41 RCW—page 218]
house of representatives for the house of representatives; the
secretary of the senate and the chief clerk of the house of representatives jointly for the joint legislative audit and review
committee, the legislative transportation committee, the joint
committee on pension policy, the legislative evaluation and
accountability program, the legislative systems committee,
and the statute law committee; or according to rules adopted
for the rehiring of retired plan 1 members for a local government employer;
(iii) The employer retains records of the procedures followed and decisions made in hiring the retiree, and provides
those records in the event of an audit; and
(iv) The employee has not already rendered a cumulative
total of more than one thousand nine hundred hours of service
while in receipt of pension payments beyond an annual
threshold of eight hundred sixty-seven hours;
shall cease to receive pension payments while engaged in that
service after the retiree has rendered service for more than
one thousand five hundred hours in a calendar year. The one
thousand nine hundred hour cumulative total under this subsection applies prospectively to those retiring after July 27,
2003, and retroactively to those who retired prior to July 27,
2003, and shall be calculated from the date of retirement.
(c) When a plan 1 member renders service beyond eight
hundred sixty-seven hours, the department shall collect from
the employer the applicable employer retirement contributions for the entire duration of the member's employment during that calendar year.
(d) A retiree from plan 2 or plan 3 who has satisfied the
break in employment requirement of subsection (1) of this
section may work up to eight hundred sixty-seven hours in a
calendar year in an eligible position, as defined in RCW
41.32.010, 41.35.010, or 41.40.010, or as a fire fighter or law
enforcement officer, as defined in RCW 41.26.030, without
suspension of his or her benefit.
(3) If the retiree opts to reestablish membership under
RCW 41.40.023(12), he or she terminates his or her retirement status and becomes a member. Retirement benefits
shall not accrue during the period of membership and the
individual shall make contributions and receive membership
credit. Such a member shall have the right to again retire if
eligible in accordance with RCW 41.40.180. However, if the
right to retire is exercised to become effective before the
member has rendered two uninterrupted years of service, the
retirement formula and survivor options the member had at
the time of the member's previous retirement shall be reinstated.
(4) The department shall collect and provide the state
actuary with information relevant to the use of this section for
the select committee on pension policy.
(5) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to be employed for more than five months in
a calendar year without a reduction of his or her pension.
[2003 c 412 § 5; 2003 c 295 § 7; 2001 2nd sp.s. c 10 § 4;
(2001 2nd sp.s. c 10 § 12 repealed by 2002 c 26 § 9); 1997 c
254 § 14.]
Reviser's note: This section was amended by 2003 c 295 § 7 and by
2003 c 412 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
(2004 Ed.)
Washington Public Employees' Retirement System
Effective dates—2001 2nd sp.s. c 10: "Except for section 12 of this act
which takes effect December 31, 2004, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 2nd sp.s. c 10 § 14.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
41.40.037
41.40.037 Service by retirees—Reduction of retirement allowance upon reemployment—Reestablishment
of membership. (Effective July 1, 2006.) (1)(a) If a retiree
enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree's monthly
retirement allowance will be reduced by five and one-half
percent for every eight hours worked during that month. This
reduction will be applied each month until the retiree remains
absent from employment with an employer for one full calendar month.
(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred sixty hours
per month. Any benefit reduction over one hundred percent
will be applied to the benefit the retiree is eligible to receive
in subsequent months.
(2)(a) Except as provided in (b) of this subsection, a
retiree from plan 1 who enters employment with an employer
at least one calendar month after his or her accrual date may
continue to receive pension payments while engaged in such
service for up to eight hundred sixty-seven hours of service in
a calendar year without a reduction of pension.
(b) A retiree from plan 1 who enters employment with an
employer at least three calendar months after his or her
accrual date and:
(i) Is hired into a position for which the employer has
documented a justifiable need to hire a retiree into the position;
(ii) Is hired through the established process for the position with the approval of: A school board for a school district; the chief executive officer of a state agency employer;
the secretary of the senate for the senate; the chief clerk of the
house of representatives for the house of representatives; the
secretary of the senate and the chief clerk of the house of representatives jointly for the joint legislative audit and review
committee, the legislative transportation committee, the joint
committee on pension policy, the legislative evaluation and
accountability program, the legislative systems committee,
and the statute law committee; or according to rules adopted
for the rehiring of retired plan 1 members for a local government employer;
(iii) The employer retains records of the procedures followed and decisions made in hiring the retiree, and provides
those records in the event of an audit; and
(iv) The employee has not already rendered a cumulative
total of more than one thousand nine hundred hours of service
while in receipt of pension payments beyond an annual
threshold of eight hundred sixty-seven hours;
shall cease to receive pension payments while engaged in that
service after the retiree has rendered service for more than
one thousand five hundred hours in a calendar year. The one
thousand nine hundred hour cumulative total under this subsection applies prospectively to those retiring after July 27,
2003, and retroactively to those who retired prior to July 27,
2003, and shall be calculated from the date of retirement.
(2004 Ed.)
41.40.038
(c) When a plan 1 member renders service beyond eight
hundred sixty-seven hours, the department shall collect from
the employer the applicable employer retirement contributions for the entire duration of the member's employment during that calendar year.
(d) A retiree from plan 2 or plan 3 who has satisfied the
break in employment requirement of subsection (1) of this
section may work up to eight hundred sixty-seven hours in a
calendar year in an eligible position, as defined in RCW
41.32.010, 41.35.010, 41.37.010, or 41.40.010, or as a fire
fighter or law enforcement officer, as defined in RCW
41.26.030, without suspension of his or her benefit.
(3) If the retiree opts to reestablish membership under
RCW 41.40.023(12), he or she terminates his or her retirement status and becomes a member. Retirement benefits
shall not accrue during the period of membership and the
individual shall make contributions and receive membership
credit. Such a member shall have the right to again retire if
eligible in accordance with RCW 41.40.180. However, if the
right to retire is exercised to become effective before the
member has rendered two uninterrupted years of service, the
retirement formula and survivor options the member had at
the time of the member's previous retirement shall be reinstated.
(4) The department shall collect and provide the state
actuary with information relevant to the use of this section for
the select committee on pension policy.
(5) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to be employed for more than five months in
a calendar year without a reduction of his or her pension.
[2004 c 242 § 63. Prior: 2003 c 412 § 5; 2003 c 295 § 7; 2001
2nd sp.s. c 10 § 4; (2001 2nd sp.s. c 10 § 12 repealed by 2002
c 26 § 9); 1997 c 254 § 14.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective dates—2001 2nd sp.s. c 10: "Except for section 12 of this act
which takes effect December 31, 2004, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 2nd sp.s. c 10 § 14.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
41.40.038
41.40.038 Duty disability retirement recipients—
Continued service credit. Those members subject to this
chapter who became disabled in the line of duty on or after
March 27, 1984, and who received or are receiving benefits
under Title 51 RCW or a similar federal workers' compensation program shall receive or continue to receive service
credit subject to the following:
(1) No member may receive more than one month's service credit in a calendar month.
(2) No service credit under this section may be allowed
after a member separates or is separated without leave of
absence.
(3) Employer contributions shall be paid by the employer
at the rate in effect for the period of the service credited.
(4) Employee contributions shall be collected by the
employer and paid to the department at the rate in effect for
the period of service credited.
[Title 41 RCW—page 219]
41.40.042
Title 41 RCW: Public Employment, Civil Service, and Pensions
(5) Contributions shall be based on the regular compensation which the member would have received had the disability not occurred. If contribution payments are made retroactively, interest shall be charged at the rate set by the director on both employee and employer contributions. No service
credit shall be granted until the employee contribution has
been paid.
(6) The service and compensation credit shall not be
granted for a period to exceed twelve consecutive months.
(7) Nothing in this section shall abridge service credit
rights granted in RCW 41.40.220(2) and 41.40.320.
(8) Should the legislature revoke the service credit
authorized under this section or repeal this section, no
affected employee is entitled to receive the credit as a matter
of contractual right. [1987 c 118 § 1; 1986 c 176 § 2. Formerly RCW 41.40.223.]
41.40.042
41.40.042 Members agree to deductions. The deductions from the compensation of members, provided for in
RCW 41.40.330, 41.45.060, 41.45.061, or 41.45.067, shall be
made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby.
Every member shall be deemed to consent and agree to the
deductions made and provided for in this chapter and receipt
in full for his or her salary or compensation, and payment less
the deductions shall be a full and complete discharge and
acquittance of all claims and demands whatsoever for the services rendered by the person during the period covered by the
payment, except as to benefits provided for under this chapter. [2000 c 247 § 103; 1991 c 35 § 89; 1977 ex.s. c 295 § 18;
1947 c 274 § 35; Rem. Supp. 1947 § 11072-35. Formerly
RCW 41.40.340.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.048
41.40.048 Employer's contribution—Computation—
Billing. (1) The director shall report to each employer the
contribution rates required for the ensuing biennium or fiscal
year, whichever is applicable.
(2) Beginning September 1, 1990, the amount to be collected as the employer's contribution shall be computed by
applying the applicable rates established in chapter 41.45
RCW to the total compensation earnable of employer's members as shown on the current payrolls of the said employer. In
addition, the director shall determine and collect the additional employer contribution rate necessary to fund the benefits granted officials holding office pursuant to Articles II and
III of the Constitution of the state of Washington and RCW
48.02.010. Each said employer shall compute at the end of
each month the amount due for that month and the same shall
be paid as are its other obligations. Effective January 1, 1987,
however, no contributions are required for any calendar
month in which the member is not granted service credit.
(3) In the event of failure, for any reason, of an employer
other than a political subdivision of the state to have remitted
amounts due for membership service of any of the employer's
members rendered during a prior biennium, the director shall
bill such employer for such employer's contribution together
with such charges as the director deems appropriate in accordance with RCW 41.50.120. Such billing shall be paid by the
employer as, and the same shall be, a proper charge against
[Title 41 RCW—page 220]
any moneys available or appropriated to such employer for
payment of current biennial payrolls. [1989 c 273 § 23; 1986
c 268 § 5; 1985 c 138 § 1; 1982 1st ex.s. c 52 § 22; 1979 c 151
§ 63; 1977 ex.s. c 295 § 20; 1963 c 126 § 1; 1961 c 291 § 12;
1949 c 240 § 26; 1947 c 274 § 38; Rem. Supp. 1947 §
11072-38. Formerly RCW 41.40.370.]
Severability—1989 c 273: See RCW 41.45.900.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
41.40.052 Exemption from taxation and judicial process—Exceptions—Assignability—Deductions authorized. (1) Subject to subsections (2) and (3) of this section,
the right of a person to a pension, an annuity, or retirement
allowance, any optional benefit, any other right accrued or
accruing to any person under the provisions of this chapter,
the various funds created by this chapter, and all moneys and
investments and income thereof, are hereby exempt from any
state, county, municipal, or other local tax, and shall not be
subject to execution, garnishment, attachment, the operation
of bankruptcy or insolvency laws, or other process of law
whatsoever, and shall be unassignable.
(2)(a) This section shall not be deemed to prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of premiums due on any group
insurance policy or plan issued for the benefit of a group
comprised of public employees of the state of Washington or
its political subdivisions and which has been approved for
deduction in accordance with rules that may be adopted by
the state health care authority and/or the department, and this
section shall not be deemed to prohibit a beneficiary of a
retirement allowance from authorizing deductions therefrom
for payment of dues and other membership fees to any retirement association or organization the membership of which is
composed of retired public employees, if a total of three hundred or more of such retired employees have authorized such
deduction for payment to the same retirement association or
organization.
(b) This section does not prohibit a beneficiary of a
retirement allowance from authorizing deductions from that
allowance for charitable purposes on the same terms as
employees and public officers under RCW 41.04.035 and
41.04.036.
(3) Subsection (1) of this section shall not prohibit the
department from complying with (a) a wage assignment
order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant to
chapter 74.20A RCW, (c) a notice of payroll deduction
issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order
directing the department of retirement systems to pay benefits directly to an obligee under a dissolution order as defined
in RCW 41.50.500(3) which fully complies with RCW
41.50.670 and 41.50.700, or (f) any administrative or court
order expressly authorized by federal law. [1999 c 83 § 1.
Prior: 1991 c 365 § 22; 1991 c 35 § 92; 1989 c 360 § 27; 1988
c 107 § 20; 1987 c 326 § 24; 1982 c 135 § 2; 1981 c 294 § 14;
1979 ex.s. c 205 § 6; 1974 ex.s. c 195 § 4; 1967 c 127 § 6;
1947 c 274 § 39; Rem. Supp. 1947 § 11072-39. Formerly
RCW 41.40.380.]
41.40.052
Severability—1991 c 365: See note following RCW 41.50.500.
(2004 Ed.)
Washington Public Employees' Retirement System
Intent—1991 c 35: See note following RCW 41.26.005.
Implementation—Effective dates—1988 c 107: See RCW 41.05.901.
Effective date—1987 c 326: See RCW 41.50.901.
Severability—1981 c 294: See note following RCW 41.26.115.
Severability—1974 ex.s. c 195: See note following RCW 41.40.023.
41.40.054
41.40.054 Disability retirement—Criminal conduct.
A member shall not receive a disability retirement benefit
under RCW 41.40.200, 41.40.220, 41.40.230, 41.40.235,
41.40.250, 41.40.670, or 41.40.825 if the disability is the
result of criminal conduct by the member committed after
April 21, 1997. [2000 c 247 § 104; 1997 c 103 § 3.]
Severability—Effective date—1997 c 103: See notes following RCW
41.26.061.
41.40.055
41.40.055 Penalty for false statements. Any person
who shall knowingly make any false statements, or shall falsify or permit to be falsified any record or records of this
retirement system in any attempt to defraud the retirement
system as a result of such act, shall be guilty of a gross misdemeanor. [1947 c 274 § 41; Rem. Supp. 1947 § 11072-41.
Formerly RCW 41.40.400.]
41.40.056
41.40.056 Establishment of service credit—Former
employees—Employers admitted before July 23, 1995.
Except as qualified by RCW 41.40.023, for employers that
were admitted into the retirement system before July 23,
1995, membership service may be established for the
employer's former employees who are active members of the
system if the member or member's former employer pays an
amount equal to the employer and member contributions
which would have been paid to the retirement system on
account of such service to the retirement system. Payment
shall be made prior to the retirement of such member.
Payments submitted by the member under this section
shall be placed in the member's individual account in the
members' savings fund and be treated as any other contribution made by the member, with the exception that the contributions submitted by the member in payment of the
employer's obligation, together with the interest the director
may apply to the employer's contribution, shall be excluded
from the calculation of the member's annuity in the event the
member selects a benefit with an annuity option. [1995 c 286
§ 2.]
41.40.057
41.40.057 Establishment of service credit—Current
and former employees—Employers admitted after July
23, 1995. (1) This section applies to the establishment of
membership service with employers admitted to the retirement system after July 23, 1995.
(2) For current employees, membership service may be
established for periods of employment with an employer
prior to the employer's admission into the retirement system
by making the payments required by this section.
The employer must select one of the options in this subsection and apply it uniformly, except as provided in subsection (3) of this section. The required payment shall include
the total member and employer contributions that would have
been required from the date of each current member's hire.
(2004 Ed.)
41.40.058
(a) Option A: The employer makes all the required payments within fifteen years from the date of the employer's
admission.
(b) Option B: The employer makes a portion of the
required payments and the member pays the balance. The
employer shall not be required to make its payments until the
member has made his or her payments. Each member shall
have the option to purchase the membership service.
(c) Option C: The member makes all of the required
payments. Each member shall have the option to purchase the
membership service.
All payments under options B and C of this subsection
must be completed within five years from the date of the
employer's admission, or prior to the retirement of the member, whichever occurs sooner. A member may not receive
membership service credit under option B or C of this subsection until all required payments have been made.
(3) An employer shall not be required to purchase membership service under option A or B for periods of employment for which the employer made contributions to a qualified retirement plan as defined by 26 U.S.C. Sec. 401(a), if
the contributions plus interest accrued cannot be transferred
to the retirement system. If the employer does not purchase
the membership credit under this subsection, the member
may purchase the membership service under subsection
(2)(c) of this section.
(4) A former employee who is an active member of the
system and is not covered by subsection (2) of this section
may establish membership service by making the required
payments under subsection (2)(c) of this section prior to the
retirement of the member.
(5) All payments made by the member under this section
shall be placed in the member's individual account in the
members' savings fund or the member's account for those
members entering plan 3. [2000 c 247 § 105; 1995 c 286 § 3.]
41.40.058 Transfer of service credit from statewide
city employees' retirement system. (1) Any person who
was a member of the statewide city employees' retirement
system governed by chapter 41.44 RCW and who also
became a member of this retirement system on or before July
26, 1987, may, in a writing filed with the director, elect to:
(a) Transfer to this retirement system all service currently credited under chapter 41.44 RCW;
(b) Reestablish and transfer to this retirement system all
service which was previously credited under chapter 41.44
RCW but which was canceled by discontinuance of service
and withdrawal of accumulated contributions as provided in
RCW 41.44.190. The service may be reestablished and transferred only upon payment by the member to the employees'
savings fund of this retirement system of the amount withdrawn plus interest thereon from the date of withdrawal until
the date of payment at a rate determined by the director. No
additional payments are required for service credit described
in this subsection if already established under this chapter;
and
(c) Establish service credit for the initial period of
employment not to exceed six months, prior to establishing
membership under chapter 41.44 RCW, upon payment in full
by the member of the total employer's contribution to the benefit account fund of this retirement system that would have
41.40.058
[Title 41 RCW—page 221]
41.40.059
Title 41 RCW: Public Employment, Civil Service, and Pensions
been made under this chapter when the initial service was
rendered. The payment shall be based on the first month's
compensation earnable as a member of the statewide city
employees' retirement system and as defined in RCW
41.44.030(13). However, a person who has established service credit under RCW 41.40.010(13) (c) or (d) shall not
establish additional credit under this subsection nor may anyone who establishes credit under this subsection establish any
additional credit under RCW 41.40.010(13) (c) or (d). No
additional payments are required for service credit described
in this subsection if already established under this chapter.
(2)(a) In the case of a member of this retirement system
who is employed by an employer on July 26, 1987, the written election required by subsection (1) of this section must be
filed and the payments required by subsection (1)(b) and (c)
of this section must be completed in full within one year after
July 26, 1987.
(b) In the case of a former member of this retirement system who is not employed by an employer on July 26, 1987,
the written election must be filed and the payments must be
completed in full within one year after reemployment by an
employer.
(c) In the case of a retiree receiving a retirement allowance from this retirement system on July 26, 1987, or any
person having vested rights as described in RCW 41.40.150
(4), the written election may be filed and the payments may
be completed at any time.
(3) Upon receipt of the written election and payments
required by subsection (1) of this section from any retiree
described in subsection (2) of this section, the department
shall recompute the retiree's allowance in accordance with
this section and shall pay any additional benefit resulting
from such recomputation retroactively to the date of retirement from the system governed by this chapter.
(4) Any person who was a member of the statewide city
employees' retirement system under chapter 41.44 RCW and
also became a member of this retirement system, and did not
make the election under subsection (1) of this section because
he or she was not a member of this retirement system prior to
July 27, 1987, or did not meet the time limitations of subsection (2) (a) or (b) of this section, may elect to do any of the
following:
(a) Transfer to this retirement system all service currently credited under chapter 41.44 RCW;
(b) Reestablish and transfer to this retirement system all
service that was previously credited under chapter 41.44
RCW but was canceled by discontinuance of service and
withdrawal of accumulated contributions as provided in
RCW 41.44.190; and
(c) Establish service credit for the initial period of
employment not to exceed six months, prior to establishing
membership under chapter 41.44 RCW.
To make the election or elections, the person must pay
the amount required under RCW 41.50.165(2) prior to retirement from this retirement system. [1994 c 197 § 25; 1987 c
417 § 1; 1984 c 184 § 9. Formerly RCW 41.40.403.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Severability—1984 c 184: See note following RCW 41.50.150.
[Title 41 RCW—page 222]
41.40.059 Credit for service in Seattle's police relief
and pension fund system. Any active member of this retirement system who has previously established ten or more
years' service credit in the city of Seattle's police relief and
pension fund system, who withdrew his or her contributions
from Seattle's police relief and pension fund system prior to
July 1, 1961, and who has never been a member of the law
enforcement officers' and fire fighters' pension system created in chapter 41.26 RCW, may receive credit in this retirement system for such service, subject to the terms and conditions specified in RCW 41.40.061. [1992 c 157 § 3.]
41.40.059
41.40.061 Credit for service in Seattle's police relief
and pension fund system—Terms and conditions. (1) A
member who fulfills the requirements of RCW 41.40.059
may file a written declaration no later than September 30,
1992, with the department and the Seattle police relief and
pension fund system indicating the member's desire to make
an irrevocable transfer of credit from the Seattle system to
this retirement system. The member shall restore his or her
contributions, with interest since the date of withdrawal as
determined by the director, no later than December 31, 1992.
(2) Upon receipt of the written declaration, the Seattle
police relief and pension fund system shall send the department a report of the member's service credit. It shall also
transfer to the department the portion of such member's contributions that was retained in the Seattle police relief and
pension fund pursuant to RCW 41.20.150, plus a sum equal
to such member's total contributions to the Seattle police
relief and pension fund, which shall be treated as matching
contributions by the employer, plus the compound interest
that would have been generated by such sums, as determined
by the Seattle city treasurer. The Seattle police relief and pension fund system shall send the service credit report and
transfer the funds within ninety days of receiving the member's written declaration. [1992 c 157 § 4.]
41.40.061
41.40.062
41.40.062 Optional entry of system by political subdivisions or associations of political subdivisions—Procedure—School districts declared employers and eligible
employees members of system—Exception. (1) The members and appointive and elective officials of any political subdivision or association of political subdivisions of the state
may become members of the retirement system by the
approval of the local legislative authority.
(2) On and after September 1, 1965, every school district
of the state of Washington shall be an employer under this
chapter. Every member of each school district who is eligible
for membership under RCW 41.40.023 shall be a member of
the retirement system and participate on the same basis as a
person who first becomes a member through the admission of
any employer into the retirement system on and after April 1,
1949, except that after August 31, 2000, school districts will
no longer be employers for the public employees' retirement
system plan 2 or plan 3. [2000 c 247 § 106; 1998 c 341 § 602;
1995 c 286 § 4; 1991 c 35 § 93; 1971 ex.s. c 271 § 12; 1969 c
128 § 13; 1965 c 84 § 1; 1963 c 174 § 16; 1961 c 291 § 13;
1953 c 200 § 19; 1951 c 50 § 13; 1949 c 240 § 27; 1947 c 274
§ 43; Rem. Supp. 1949 § 11072-42. Formerly RCW
41.40.410.]
Effective date—1998 c 341: See RCW 41.35.901.
(2004 Ed.)
Washington Public Employees' Retirement System
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.068
41.40.068 Hearing prior to appeal—Required—
Notice. Any person aggrieved by any decision of the department affecting his or her legal rights, duties, or privileges
must before he or she appeals to the courts, file with the
director by mail or personally within sixty days from the day
the decision was communicated to the person, a notice for a
hearing before the director's designee. The notice of hearing
shall set forth in full detail the grounds upon which the person
considers the decision unjust or unlawful and shall include
every issue to be considered by the department, and it must
contain a detailed statement of facts upon which the person
relies in support of the appeal. These persons shall be deemed
to have waived all objections or irregularities concerning the
matter on which the appeal is taken, other than those specifically set forth in the notice of hearing or appearing in the
records of the retirement system. [1991 c 35 § 94; 1969 c 128
§ 14; 1963 c 174 § 17; 1953 c 200 § 22. Formerly RCW
41.40.412.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.073
41.40.073 Hearing prior to appeal—Conduct of
hearing. Following its receipt of a notice for hearing in
accordance with RCW 41.40.068, a hearing shall be held by
the director or a duly authorized representative, in the county
of the residence of the claimant at a time and place designated
by the director. Such hearing shall be conducted and governed in all respects by the provisions of chapter 34.05 RCW.
[1989 c 175 § 87; 1969 c 128 § 15; 1953 c 200 § 23. Formerly
RCW 41.40.414.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.078
41.40.078 Judicial review in accordance with administrative procedure act. Judicial review of any final decision and order by the director is governed by the provisions
of chapter 34.05 RCW. [1989 c 175 § 88; 1969 c 128 § 16;
1963 c 174 § 18; 1953 c 200 § 20; 1951 c 50 § 14. Formerly
RCW 41.40.420.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.082
41.40.082 Appeal—No bond required. No bond of
any kind shall be required of a claimant appealing to the
superior court, the court of appeals, or the supreme court
from a finding of the department affecting the claimant's right
to retirement or disability benefits. [1991 c 35 § 95; 1971 c
81 § 105; 1951 c 50 § 16. Formerly RCW 41.40.440.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.092
(a) Shall receive a service credit month for each month
of the period from September through August of the following year if he or she is employed in an eligible position, earns
compensation earnable for six hundred thirty hours or more
during that period, and is employed during nine months of
that period, except that a member may not receive credit for
any period prior to the member's employment in an eligible
position;
(b) If a member in an eligible position does not meet the
requirements of (a) of this subsection, the member is entitled
to a service credit month for each month of the period he or
she earns earnable compensation for seventy or more hours;
and the member is entitled to a one-quarter service credit
month for those calendar months during which he or she
earned compensation for less than seventy hours.
(2) Except for any period prior to the member's employment in an eligible position, a plan 2 or plan 3 member who
is employed by a school district or districts, an educational
service district, the state school for the blind, the state school
for the deaf, institutions of higher education, or community
colleges:
(a) Shall receive a service credit month for each month
of the period from September through August of the following year if he or she is employed in an eligible position, earns
compensation earnable for eight hundred ten hours or more
during that period, and is employed during nine months of
that period;
(b) If a member in an eligible position for each month of
the period from September through August of the following
year does not meet the hours requirements of (a) of this subsection, the member is entitled to one-half service credit
month for each month of the period if he or she earns earnable
compensation for at least six hundred thirty hours but less
than eight hundred ten hours during that period, and is
employed nine months of that period;
(c) In all other instances, a member in an eligible position is entitled to service credit months as follows:
(i) One service credit month for each month in which
compensation is earned for ninety or more hours;
(ii) One-half service credit month for each month in
which compensation is earned for at least seventy hours but
less than ninety hours; and
(iii) One-quarter service credit month for each month in
which compensation is earned for less than seventy hours;
(d) After August 31, 2000, school districts and educational service districts will no longer be employers for the
public employees' retirement system plan 2 or plan 3.
(3) The department shall adopt rules implementing this
section. [2000 c 247 § 107; 1998 c 341 § 603. Prior: 1991 c
343 § 9; 1991 c 35 § 96; 1990 c 274 § 4; 1989 c 289 § 2; 1987
c 136 § 1; 1983 c 69 § 2; 1973 c 23 § 1. Formerly RCW
41.40.450.]
Effective date—1998 c 341: See RCW 41.35.901.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.088
41.40.088 Education employment—Service credit—
Computation. (1) A plan 1 member who is employed by a
school district or districts, an educational service district, the
state school for the deaf, the state school for the blind, institutions of higher education, or community colleges:
(2004 Ed.)
Findings—Intent—Reservation—Effective date—Construction—
1990 c 274: See notes following RCW 41.32.010.
41.40.092
41.40.092 Transfer of cadet service credit to Washington state patrol retirement system. (1) Active members
[Title 41 RCW—page 223]
41.40.0931
Title 41 RCW: Public Employment, Civil Service, and Pensions
of the Washington state patrol retirement system who have
previously established service credit in the public employees'
retirement system, plan 1 or plan 2 while employed by the
state patrol as a cadet as defined in RCW 43.43.120(6)(b)
may have such service credit transferred to the state patrol
retirement system subject to the terms and conditions specified in chapter 43.43 RCW, including reestablishment of
such service for the sole purpose of transfer. Service reestablishment shall be subject to the interest requirements of RCW
41.40.150(2).
(2) Service credit established for employment other than
that specified in subsection (1) of this section is not eligible
for transfer. [2000 c 247 § 108; 1983 c 81 § 3. Formerly
RCW 41.40.530.]
Effective date—1983 c 81: See note following RCW 43.43.120.
41.40.0931
41.40.0931 Death benefit—Death in the course of
employment as a police officer. (1) A one hundred fifty
thousand dollar death benefit for members who had the
opportunity to transfer to the law enforcement officers' and
fire fighters' retirement system pursuant to chapter 502, Laws
of 1993, but elected to remain in the public employees' retirement system, shall be paid to the member's estate, or such
person or persons, trust, or organization as the member has
nominated by written designation duly executed and filed
with the department. If there is no designated person or persons still living at the time of the member's death, the member's death benefit shall be paid to the member's surviving
spouse as if in fact the spouse had been nominated by written
designation, or if there is no surviving spouse, then to the
member's legal representatives.
(2) Subject to subsection (3) of this section, the benefit
under this section shall be paid only where death occurs as a
result of injuries sustained in the course of employment as a
general authority police officer. The determination of eligibility for the benefit shall be made consistent with Title 51
RCW by the department of labor and industries. The department of labor and industries shall notify the department of
retirement systems by order under RCW 51.52.050.
(3) The benefit under this section shall not be paid in the
event the member was in the act of committing a felony when
the fatal injuries were suffered. [1998 c 157 § 1.]
Effective date—1998 c 157: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 25, 1998]." [1998 c 157 § 6.]
41.40.0932
41.40.0932 Death benefit—Course of employment.
(1) A one hundred fifty thousand dollar death benefit shall be
paid to the member's estate, or such person or persons, trust
or organization as the member has nominated by written designation duly executed and filed with the department. If no
such designated person or persons are still living at the time
of the member's death, the member's death benefit shall be
paid to the member's surviving spouse as if in fact the spouse
had been nominated by written designation, or if there is no
surviving spouse, then to the member's legal representatives.
(2) The benefit under this section shall be paid only
where death occurs as a result of injuries sustained in the
course of employment. The determination of eligibility for
the benefit shall be made consistent with Title 51 RCW by
[Title 41 RCW—page 224]
the department of labor and industries. The department of
labor and industries shall notify the department of retirement
systems by order under RCW 51.52.050. [2003 c 402 § 1.]
41.40.095
41.40.095 Transfer of membership from judicial
retirement system. (1) Any member of the Washington
judicial retirement system who wishes to transfer such membership to the retirement system provided for in this chapter
shall file a written request with the director as required by
RCW 2.10.040 on or before December 31, 1989, or within
one year after reentering service as a judge.
Upon receipt of such request, the director shall transfer
from the judicial retirement system to this retirement system:
(a) An amount equal to the employee and employer contributions the judge would have made if the judge's service under
chapter 2.10 RCW had originally been earned under this
chapter, which employee contributions shall be credited to
the member's account established under this chapter; and (b)
a record of service credited to the member. The judge's accumulated contributions that exceed the amount credited to the
judge's account under this subsection shall be deposited in the
judge's retirement account created pursuant to chapter 2.14
RCW.
(2) The member shall be given year-for-year credit for
years of service, as determined under RCW 2.10.030(8),
earned under the judicial retirement system. Service credit
granted under the judicial retirement system pursuant to
RCW 2.10.220 shall not be transferred under this section.
The director instead shall reverse the transfer of contributions
and service credit previously made under RCW 2.10.220 and
shall credit the member for such periods of service and contributions under this chapter as though no transfer had ever
occurred.
(3) All employee contributions transferred pursuant to
this section shall be treated the same as other employee contributions made under this chapter. [1988 c 109 § 5. Formerly RCW 41.40.540.]
Effective date—1988 c 109: See note following RCW 2.10.030.
41.40.096
41.40.096 Law enforcement officers—Dual membership—Plan 1 exception. (1) An employee who was a member of the public employees' retirement system plan 2 or plan
3 on or before January 1, 2003, and on July 27, 2003, is
employed by the department of fish and wildlife as a law
enforcement officer as defined in RCW 41.26.030, shall
become a member of the law enforcement officers' and fire
fighters' retirement system plan 2. All officers will be dual
members as provided in chapter 41.54 RCW, and public
employees' retirement system service credit may not be transferred to the law enforcement officers' and fire fighters'
retirement system plan 2.
(2) An employee who was a member of the public
employees' retirement system plan 1 on or before January 1,
2003, and on or after July 27, 2003, is employed by the
department of fish and wildlife as a law enforcement officer
as defined in RCW 41.26.030, shall remain a member of the
public employees' retirement system plan 1. [2003 c 388 §
1.]
(2004 Ed.)
Washington Public Employees' Retirement System
41.40.098
41.40.098 Transfer of former service from judicial
retirement system. A former member of the Washington
judicial retirement system who: (1) Is not serving as a judge
on July 1, 1988; (2) has not retired under the applicable provisions of chapter 2.10 RCW; and (3) subsequently reacquires membership in the public employees' retirement system may, by written request filed with the director of retirement systems, transfer to the public employees' retirement
system all periods of time served as a judge, as defined in
RCW 2.10.030(2). Upon such membership transfer being
made, the department of retirement systems shall transfer the
employer contributions and the employee's contributions and
service from the judicial retirement system to the public
employees' retirement system. The service shall be transferred and credited to the member as though the service was
originally earned as a member of the public employees'
retirement system. [1988 c 109 § 6. Formerly RCW
41.40.542.]
Effective date—1988 c 109: See note following RCW 2.10.030.
41.40.102
41.40.102 Effect of certain accumulated vacation
leave on retirement benefits. RCW 43.01.044 shall not
result in any increase in retirement benefits. The rights
extended to state officers and employees under RCW
43.01.044 are not intended to and shall not have any effect on
retirement benefits under this chapter. [1983 c 283 § 4. Formerly RCW 41.40.800.]
41.40.103
41.40.103 Benefit calculation—Limitation. (1) The
annual compensation taken into account in calculating retiree
benefits under this system shall not exceed the limits imposed
by section 401(a)(17) of the federal internal revenue code for
qualified trusts.
(2) The department shall adopt rules as necessary to
implement this section. [1995 c 145 § 3.]
41.40.104
41.40.104 Establishing, restoring service credit. Notwithstanding any provision to the contrary, persons who fail
to:
(1) Establish allowable membership service not previously credited;
(2) Restore all or a part of that previously credited membership service represented by withdrawn contributions; or
(3) Restore service credit represented by a lump sum
payment in lieu of benefits, before the deadline established
by statute, may do so under the conditions set forth in RCW
41.50.165. [1998 c 17 § 3.]
41.40.105
41.40.105 Chapter not applicable to officers and
employees of state convention and trade center. The provisions of this chapter shall not be applicable to the officers
and employees of the nonprofit corporation formed under
chapter 67.40 RCW. [1984 c 210 § 6. Formerly RCW
41.40.810.]
Savings—Severability—1984 c 210: See notes following RCW
67.40.020.
41.40.108
41.40.108 Higher education classified employees—
Membership in the public employees' retirement system.
(1) All classified employees employed by Washington State
(2004 Ed.)
41.40.111
University on and after April 24, 1973, and otherwise eligible
shall become members of the Washington public employees'
retirement system to the exclusion of any other retirement
benefit system at the institution unless otherwise provided by
law.
(2) All classified employees employed by the University
of Washington or each of the regional universities or The
Evergreen State College on and after May 6, 1974, and otherwise eligible shall become members of the Washington public employees' retirement system at the institution unless otherwise provided by law: PROVIDED, That persons who,
immediately prior to the date of their hiring as classified
employees, have for at least two consecutive years held membership in a retirement plan underwritten by the private
insurer of the retirement plan of their respective educational
institution may irrevocably elect to continue their membership in the retirement plan notwithstanding the provisions of
this chapter, if the election is made within thirty days from
the date of their hiring as classified employees. If these persons elect to become members of the public employees'
retirement system, contributions by them and their employers
shall be required from their first day of employment. [1991 c
35 § 107.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.109
41.40.109 Retirement system employer—Termination of status. (1) Employers that are organized pursuant to
chapter 36.100, 36.102, or 81.112 RCW, who have become
retirement system employers since 1993, and who have previously excluded some of their employees from retirement
system membership pursuant to the limitation in RCW
41.40.023(4), shall have the option until December 31, 1999,
to terminate their status as a retirement system employer with
regard to persons employed after the date of their election.
(2) If a government unit terminates its status as an
employer pursuant to this section its employees as of the date
of the election who are members shall be eligible to continue
their membership in the retirement system, if otherwise eligible under this chapter, for the duration of their continuous
employment with that employer.
(3) If a government unit subject to this section does not
elect to terminate its status as a retirement system employer it
may either: (a) Continue to exclude from membership those
employees who were excluded pursuant to the limitation in
RCW 41.40.023(4) prior to July 25, 1999; or [(b)] include
such employees in the retirement system, if otherwise eligible
under this chapter, for service rendered on or after July 25,
1999, and after the employer's election. [1999 c 244 § 2.]
41.40.111
41.40.111 Retirement system employer—Unit of government. (1) When a unit of government has become a
retirement system employer, all of its employees must be
included in the plan membership, if otherwise eligible under
this chapter, unless the employee is exempted from membership or qualifies for optional membership pursuant to RCW
41.40.023 or other provision of this chapter.
(2) A unit of government which has become a retirement
system employer may not withdraw from the retirement system. [1999 c 244 § 3.]
[Title 41 RCW—page 225]
41.40.113
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.40.113 Public safety employees' retirement system—Election—Membership. (Effective July 1, 2006.)
(1) An employee who was a member of the public employees'
retirement system plan 2 or plan 3 before July 1, 2006, and on
July 1, 2006, is employed by an employer as defined in RCW
41.37.010(4) and is an employee in a job class included in
RCW 41.37.010(5), has the following options during the
election period:
(a) Remain a member of the public employees' retirement system; or
(b) Become a member of the public safety employees'
retirement system plan 2. All members will be dual members
as provided in chapter 41.54 RCW, and public employees'
retirement system service credit may not be transferred to the
public safety employees' retirement system plan 2.
(2) The "election period" is the period between July 1,
2006, and September 30, 2006.
(3) During the election period, employees remain members of the public employees' retirement system plan 2 or plan
3 until they elect to join the public safety employees' retirement system. Members who elect to join the public safety
employees' retirement system as described in subsection (1)
of this section will have their membership begin prospectively from the date of their election.
(4) If after September 30, 2006, the member has not
made an election to join the public safety employees' retirement system he or she will remain in the public employees'
retirement system plan 2 or plan 3.
(5) An employee who was a member of the public
employees' retirement system plan 1 on or before July 1,
2006, and on or after July 1, 2006, is employed by an
employer as defined in RCW 41.37.010(4) as an employee in
a job class included in RCW 41.37.010(5), shall remain a
member of the public employees' retirement system plan 1.
(6) All new employees hired on or after July 1, 2006,
who become employed by an employer as defined in RCW
41.37.010(4) as an employee in a job class included in RCW
41.37.010(5) will become members of the public safety
employees' retirement system. [2004 c 242 § 5.]
41.40.113
Effective date—2004 c 242: See RCW 41.37.901.
"PLAN 1"
41.40.145 Provisions applicable to plan 1. RCW
41.40.150 through 41.40.363 shall apply only to members of
plan 1. [1992 c 72 § 9; 1991 c 35 § 105.]
41.40.145
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.150 Termination of membership—Restoration
of service credit. Should any member die, or should the
individual separate or be separated from service without
leave of absence before attaining age sixty years, or should
the individual become a beneficiary, except a beneficiary of
an optional retirement allowance as provided by RCW
41.40.188, the individual shall thereupon cease to be a member except;
(1) As provided in RCW 41.40.170.
(2) An employee not previously retired who reenters service shall upon completion of six months of continuous service and upon the restoration, in one lump sum or in annual
installments, of all withdrawn contributions: (a) With inter41.40.150
[Title 41 RCW—page 226]
est as computed by the director, which restoration must be
completed within a total period of five years of membership
service following the member's first resumption of employment or (b) paying the amount required under RCW
41.50.165(2), be returned to the status, either as an original
member or new member which the member held at time of
separation.
(3)(a) Except as provided in (b) of this subsection, a
member who separates or has separated after having completed at least five years of service shall remain a member
during the period of absence from service for the exclusive
purpose of receiving a retirement allowance to begin at
attainment of age sixty-five, however, such a member may on
written notice to the director elect to receive a reduced retirement allowance on or after age sixty which allowance shall
be the actuarial equivalent of the sum necessary to pay regular retirement benefits as of age sixty-five: PROVIDED,
That if such member should withdraw all or part of the member's accumulated contributions except those additional contributions made pursuant to RCW 41.40.330(2), the individual shall thereupon cease to be a member and this section
shall not apply.
(b) A member who:
(i) Separates from service under this subsection on or
after January 1, 2002; and
(ii) Attains the age of fifty with at least twenty years of
service prior to separation; and
(iii) Is not retired as of June 13, 2002, shall remain a
member during the period of absence from service for the
exclusive purpose of receiving a retirement allowance to
begin at attainment of age sixty.
If such a member should withdraw all or part of the
member's accumulated contributions except those additional
contributions made pursuant to RCW 41.40.330(2), the individual shall thereupon cease to be a member and this section
shall not apply.
(4) The recipient of a retirement allowance elected to
office or appointed to office directly by the governor, and
who shall apply for and be accepted in membership as provided in RCW 41.40.023(3) shall be considered to have terminated his or her retirement status and shall become a member of the retirement system with the status of membership
the member held as of the date of retirement. Retirement benefits shall be suspended from the date of return to membership until the date when the member again retires and the
member shall make contributions and receive membership
credit. Such a member shall have the right to again retire if
eligible in accordance with RCW 41.40.180: PROVIDED,
That where any such right to retire is exercised to become
effective before the member has rendered six uninterrupted
months of service the type of retirement allowance the member had at the time of the member's previous retirement shall
be reinstated, but no additional service credit shall be
allowed: AND PROVIDED FURTHER, That if such a recipient of a retirement allowance does not elect to apply for
reentry into membership as provided in RCW 41.40.023(3),
the member shall be considered to remain in a retirement status and the individual's retirement benefits shall continue
without interruption.
(5) Any member who leaves the employment of an
employer and enters the employ of a public agency or agen(2004 Ed.)
Washington Public Employees' Retirement System
cies of the state of Washington, other than those within the
jurisdiction of this retirement system, and who establishes
membership in a retirement system or a pension fund operated by such agency or agencies and who shall continue
membership therein until attaining age sixty, shall remain a
member for the exclusive purpose of receiving a retirement
allowance without the limitation found in RCW 41.40.180(1)
to begin on attainment of age sixty-five; however, such a
member may on written notice to the director elect to receive
a reduced retirement allowance on or after age sixty which
allowance shall be the actuarial equivalent of the sum necessary to pay regular retirement benefits commencing at age
sixty-five: PROVIDED, That if such member should withdraw all or part of the member's accumulated contributions
except those additional contributions made pursuant to RCW
41.40.330(2), the individual shall thereupon cease to be a
member and this section shall not apply. [2002 c 62 § 1; 1997
c 254 § 12; 1994 c 197 § 26; 1992 195 § 1; 1990 c 249 § 17.
Prior: 1987 c 384 § 1; 1987 c 88 § 1; 1986 c 317 § 3; 1983 c
233 § 2; 1982 1st ex.s. c 52 § 20; 1979 ex.s. c 249 § 10; 1974
ex.s. c 195 § 3; 1973 1st ex.s. c 190 § 6; 1969 c 128 § 6; 1967
c 127 § 4; 1965 c 155 § 3; 1963 c 174 § 8; 1955 c 277 § 3;
1953 c 200 § 7; 1951 c 50 § 3; 1949 c 240 § 10; 1947 c 274 §
16; Rem. Supp. 1949 § 11072-16.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Effective date—1992 c 195 § 1: "Section 1 of this act shall take effect
January 1, 1994." [1992 c 195 § 3.]
Findings—1990 c 249: See note following RCW 2.10.146.
Effective dates—1987 c 384: "Section 1 of this act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and shall take effect
on July 1, 1987. Section 2 of this act shall take effect July 1, 1988." [1987 c
384 § 3.]
Legislative findings—Intent—1986 c 317: "The legislature finds that
in the past public employees and teachers who had terminated employment,
withdrawn their retirement contributions, and subsequently returned to public employment or teaching either did not receive proper notification of the
procedure to reinstate their withdrawn contributions or they did not fully
understand the limitation on such reinstatement. In 1973, the legislature recognized this fact and provided an extraordinary reinstatement period for such
employees. Further in 1983, the legislature established clear notification procedures for the proper notification of the reinstatement policy for all such
returning employees. Therefore, it is the intent of this 1986 act to provide one
last opportunity for reinstatement of withdrawn contributions to those who
may have not been properly informed or misunderstood the reinstatement
procedure." [1986 c 317 § 1.]
Severability—1986 c 317: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 317 § 11.]
Severability—1983 c 233: See note following RCW 41.32.500.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Severability—1974 ex.s. c 195: See note following RCW 41.40.023.
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.160
41.40.160 Creditable service. (1) Subject to the provisions of RCW 41.40.150, at retirement the total service credited to a member shall consist of all membership service and,
(2004 Ed.)
41.40.170
if he or she is an original member, all of the certified prior
service.
(2) Employees of a public utility or other private enterprise all or any portion of which has been heretofore or may
be hereafter acquired by a public agency as a matter of public
convenience and necessity, where it is in the public interest to
retain the trained personnel of such enterprise, all service to
that enterprise shall, upon the acquiring public agency
becoming an employer as defined in RCW 41.40.010(4) be
credited on the same basis as if rendered to the said employer:
PROVIDED, That this shall apply only to those employees
who were in the service of the enterprise at or prior to the
time of acquisition by the public agency and who remain in
the service of the acquiring agency until they attain membership in the state employees' retirement system; and to those
employees who were in the service of the enterprise at the
time of acquisition by the public agency and subsequently
attain membership through employment with any participating agency: PROVIDED FURTHER, In the event that the
acquiring agency is an employer at the time of the acquisition, employer's contributions in connection with members
achieving service credit hereunder shall be made on the same
basis as set forth in RCW *41.40.045 and 41.40.048 for an
employer admitted after April 1, 1949, and before July 23,
1995, and on the same basis as set forth in RCW 41.40.057
for an employer admitted after July 23, 1995. [1995 c 286 §
5; 1991 c 35 § 77; 1989 c 273 § 27; 1965 c 155 § 4; 1963 c
174 § 9; 1953 c 200 § 8; 1951 c 50 § 4; 1949 c 240 § 11; 1947
c 274 § 17; Rem. Supp. 1949 § 11072-17.]
*Reviser's note: RCW 41.40.045 was repealed by 1995 c 286 § 6.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1989 c 273: See RCW 41.45.900.
41.40.163 Purchase of service credit—Service at
Washington State University. Notwithstanding any provision to the contrary, employees of Washington State University who first established membership in the public employees' retirement system plan 1 under RCW 41.40.500 through
*41.40.507, as existing on July 28, 1991, and **RCW
41.40.508, as existing on June 7, 1990, may purchase, as set
forth under RCW 41.50.165, plan 1 service credit for the
period of service at Washington State University prior to his
or her contributory membership in the Washington State University retirement system. [1998 c 17 § 4.]
41.40.163
Reviser's note: *(1) RCW 41.40.507 was decodified pursuant to 1991
c 35 § 4.
**(2) RCW 41.40.508 was repealed by 1990 c 249 § 22.
41.40.170 Credit for military service. (1) A member
who has served or shall serve on active federal service in the
military or naval forces of the United States and who left or
shall leave an employer to enter such service shall be deemed
to be on military leave of absence if he or she has resumed or
shall resume employment as an employee within one year
from termination thereof.
(2) If he or she has applied or shall apply for reinstatement of employment, within one year from termination of the
military service, and is refused employment for reasons
beyond his or her control, he or she shall, upon resumption of
service within ten years have such service credited to him or
her.
41.40.170
[Title 41 RCW—page 227]
41.40.175
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3) In any event, after completing twenty-five years of
creditable service, any member may have service in the
armed forces credited to him or her as a member whether or
not he or she left the employ of an employer to enter the
armed service: PROVIDED, That in no instance, described
in this section, shall military service in excess of five years be
credited: AND PROVIDED FURTHER, That in each
instance the member must restore all withdrawn accumulated
contributions, which restoration must be completed within
five years of membership service following the first resumption of employment or complete twenty-five years of creditable service: AND PROVIDED FURTHER, That this section will not apply to any individual, not a veteran within the
meaning of RCW 41.04.005. [2002 c 27 § 2; 1991 c 35 § 78;
1981 c 294 § 12; 1973 1st ex.s. c 190 § 14; 1972 ex.s. c 151 §
3; 1969 c 128 § 7; 1967 c 127 § 8; 1963 c 174 § 10; 1953 c
200 § 9; 1949 c 240 § 12; 1947 c 274 § 18; Rem. Supp. 1949
§ 11072-18.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1981 c 294: See note following RCW 41.26.115.
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
Severability—1969 c 128: See note following RCW 41.40.010.
the United States, the director may extend beyond age sixty,
subject to the provisions of subsection (2) of this section, the
age at which any member may be eligible to retire.
(2) Any member who has completed thirty years of service may retire on written application to the director setting
forth at what time the member desires to be retired, subject to
war measures.
(3) Any member who has completed twenty-five years of
service and attained age fifty-five may retire on written application to the director setting forth at what time the member
desires to be retired, subject to war measures.
(4) Any individual who is eligible to retire pursuant to
subsections (1) through (3) of this section shall be allowed to
retire while on any authorized leave of absence not in excess
of one hundred and twenty days. [1982 1st ex.s. c 52 § 21;
1973 1st ex.s. c 190 § 7; 1972 ex.s. c 151 § 4; 1971 ex.s. c 271
§ 7; 1967 c 127 § 5; 1963 c 174 § 11; 1955 c 277 § 4; 1953 c
200 § 10; 1951 c 81 § 1; 1949 c 240 § 13; 1947 c 274 § 19;
Rem. Supp. 1949 § 11072-19.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
41.40.175
41.40.175 Service credit for paid leave of absence—
Application to elected officials of labor organizations. (1)
A member who is on a paid leave of absence authorized by a
member's employer shall continue to receive service credit as
provided under the provisions of RCW 41.40.145 through
41.40.363.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member's
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The compensation earnable reported for a member who establishes
service credit under this subsection may not be greater than
the salary paid to the highest paid job class covered by the
collective bargaining agreement. [1993 c 95 § 1.]
Retroactive application—1993 c 95: "This act applies on a retroactive
basis to members for whom compensation and hours were reported under the
circumstances described in sections 1 through 6 of this act. This act may also
be applied on a retroactive basis to January 1, 1992, to members for whom
compensation and hours would have been reported except for chapter 3,
Laws of 1992, or explicit instructions from the department of retirement systems." [1993 c 95 § 9.]
Effective date—1993 c 95: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 21, 1993]." [1993 c 95 § 11.]
41.40.180
41.40.180 Retirement—Length of service. (1) Any
member with five years of creditable service who has attained
age sixty and any original member who has attained age sixty
may retire on written application to the director, setting forth
at what time the member desires to be retired: PROVIDED,
That in the national interest, during time of war engaged in by
[Title 41 RCW—page 228]
41.40.185
41.40.185 Retirement allowances—Members retiring after February 25, 1972. Upon retirement from service,
as provided for in RCW 41.40.180 or 41.40.210, a member
shall be eligible for a service retirement allowance computed
on the basis of the law in effect at the time of retirement,
together with such post-retirement pension increases as may
from time to time be expressly authorized by the legislature.
The service retirement allowance payable to members retiring on and after February 25, 1972 shall consist of:
(1) An annuity which shall be the actuarial equivalent of
his or her additional contributions made pursuant to RCW
41.40.330(2).
(2) A membership service pension, subject to the provisions of subsection (4) of this section, which shall be equal to
two percent of his or her average final compensation for each
service credit year or fraction of a service credit year of membership service.
(3) A prior service pension which shall be equal to oneseventieth of his or her average final compensation for each
year or fraction of a year of prior service not to exceed thirty
years credited to his or her service accounts. In no event,
except as provided in *this 1972 amendatory act, shall any
member receive a retirement allowance pursuant to subsections (2) and (3) of this section of more than sixty percent of
his or her average final compensation: PROVIDED, That no
member shall receive a pension under this section of less than
nine hundred dollars per annum if such member has twelve or
more years of service credit, or less than one thousand and
two hundred dollars per annum if such member has sixteen or
more years of service credit, or less than one thousand five
hundred and sixty dollars per annum if such member has
twenty or more years of service credit.
(4) Notwithstanding the provisions of subsections (1)
through (3) of this section, the retirement allowance payable
for service where a member was elected or appointed pursuant to Articles II or III of the Constitution of the state of
(2004 Ed.)
Washington Public Employees' Retirement System
Washington or RCW 48.02.010 and the implementing statutes shall be a combined pension and annuity. Said retirement
allowance shall be equal to three percent of the average final
compensation for each year of such service. Any member
covered by this subsection who upon retirement has served
ten or more years shall receive a retirement allowance of at
least one thousand two hundred dollars per annum; such
member who has served fifteen or more years shall receive a
retirement allowance of at least one thousand eight hundred
dollars per annum; and such member who has served twenty
or more years shall receive a retirement allowance of at least
two thousand four hundred dollars per annum: PROVIDED,
That the initial retirement allowance of a member retiring
only under the provisions of this subsection shall not exceed
the average final compensation upon which the retirement
allowance is based. The minimum benefits provided in this
subsection shall apply to all retired members or to the surviving spouse of deceased members who were elected to the
office of state senator or state representative. [1991 c 343 §
7; 1990 c 249 § 7; 1987 c 143 § 2; 1973 1st ex.s. c 190 § 8;
1972 ex.s. c 151 § 5.]
*Reviser's note: For codification of "this 1972 amendatory act" [1972
ex.s. c 151], see Codification Tables, Volume 0.
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Findings—1990 c 249: See note following RCW 2.10.146.
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
41.40.188
41.40.188 Retirement allowance—Options—Retirement allowance adjustment—Court-approved property
settlement. (1) Upon retirement for service as prescribed in
RCW 41.40.180 or retirement for disability under RCW
41.40.210 or 41.40.230, a member shall elect to have the
retirement allowance paid pursuant to one of the following
options calculated so as to be actuarially equivalent to each
other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member's life. However, if the retiree dies before the total of
the retirement allowance paid to such retiree equals the
amount of such retiree's accumulated contributions at the
time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization
as the retiree shall have nominated by written designation
duly executed and filed with the department; or if there be no
such designated person or persons still living at the time of
the retiree's death, then to the surviving spouse; or if there be
neither such designated person or persons still living at the
time of death nor a surviving spouse, then to the retiree's legal
representative.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member's reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a person nominated by the member by written designation duly executed and filed with the department at the time
of retirement. The options adopted by the department shall
include, but are not limited to, a joint and one hundred per(2004 Ed.)
41.40.188
cent survivor option and a joint and fifty percent survivor
option.
(c) A member may elect to include the benefit provided
under RCW 41.40.640 along with the retirement options
available under this section. This retirement allowance option
shall be calculated so as to be actuarially equivalent to the
options offered under this subsection.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member's
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree's designated beneficiary predeceases or
has predeceased the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary's death.
(b) The retirement allowance payable to the retiree, as of
July 1, 1998, or the date of the designated beneficiary's death,
whichever comes last, shall be increased by the percentage
derived in (c) of this subsection.
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii)
of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date of
the designated beneficiary's death or from July 1, 1998,
whichever comes last.
(4) No later than July 1, 2001, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
[Title 41 RCW—page 229]
41.40.189
Title 41 RCW: Public Employment, Civil Service, and Pensions
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.40.180(1) and the member's
divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member's benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the age provided in RCW 41.40.180(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The separate single life benefits of the member and
the nonmember ex spouse are not (i) subject to the minimum
benefit provisions of RCW 41.40.1984, or (ii) the minimum
benefit annual increase amount eligibility provisions of RCW
41.40.197 (2)(b) and (3)(a).
(d) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2002
c 158 § 12; 2000 c 186 § 7; 1998 c 340 § 8; 1996 c 175 § 6;
1995 c 144 § 1; 1990 c 249 § 9.]
Effective date—1998 c 340: See note following RCW 41.31.010.
Findings—1990 c 249: See note following RCW 2.10.146.
[Title 41 RCW—page 230]
41.40.189
41.40.189 Retirement allowance—Adjustment eligibility. (1) A retiree who receives state-funded long-term care
services on or after June 1, 1998, is not eligible for the
increase provided by section 8, chapter 340, Laws of 1998, if
the increase would make the retiree ineligible for statefunded long-term care services. For the purposes of this section "state-funded long-term care services" means a statefunded adult family home, adult residential care, assisted living, enhanced adult residential care, in-home care, or nursing
home service, as defined in RCW 74.39A.009, for which the
retiree is required to contribute all income other than a specified amount reserved for the retiree's personal maintenance
needs. Retirees who are subject to this section shall notify the
department in writing. The department has no affirmative
duty to identify retirees who are subject to this subsection.
(2) This section applies to all payments under section 8,
chapter 340, Laws of 1998, made on or after May 17, 1999,
regardless of the date of retirement. [1999 c 362 § 3.]
Effective date—1999 c 362 § 3: "Section 3 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [May 17, 1999]." [1999 c 362 § 4.]
41.40.190
41.40.190 Retirement allowance—In lieu of allowance provided in RCW 41.40.185. In lieu of the retirement
allowance provided in RCW 41.40.185, an individual
employed on or before April 25, 1973 may, after complying
with RCW 41.40.180 or 41.40.210, make an irrevocable election to receive the retirement allowance provided by this section which shall consist of:
(1) An annuity which shall be the actuarial equivalent of
his or her accumulated contributions at the time of his or her
retirement; and
(2) A basic service pension of one hundred dollars per
annum; and
(3) A membership service pension, subject to the provisions of subdivision (4) of this section, which shall be equal
to one one-hundredth of his or her average final compensation for each year or fraction of a year of membership service
credited to his or her service account; and
(4) A prior service pension which shall be equal to oneseventieth of his or her average final compensation for each
year or fraction of a year of prior service not to exceed thirty
years credited to his or her service accounts. In no event shall
any original member upon retirement at age seventy with ten
or more years of service credit receive less than nine hundred
dollars per annum as a retirement allowance, nor shall any
member upon retirement at any age receive a retirement
allowance of less than nine hundred dollars per annum if such
member has twelve or more years of service credit, or less
than one thousand and two hundred dollars per annum if such
member has sixteen or more years of service credit, or less
than one thousand five hundred and sixty dollars per annum
if such member has twenty or more years of service credit. In
the event that the retirement allowance as to such member
provided by subdivisions (1), (2), (3), and (4) hereof shall
amount to less than the aforesaid minimum retirement allowance, the basic service pension of the member shall be
increased from one hundred dollars to a sum sufficient to
make a retirement allowance of the applicable minimum
amount.
(2004 Ed.)
Washington Public Employees' Retirement System
(5) Notwithstanding the provisions of subsections (1)
through (4) of this section, the retirement allowance payable
for service where a member was elected or appointed pursuant to Articles II or III of the Constitution of the state of
Washington or RCW 48.02.010 and the implementing statutes shall be a combined pension and annuity. Said retirement
allowance shall be equal to three percent of the average final
compensation for each year of such service. Any member
covered by this subsection who upon retirement has served
ten or more years shall receive a retirement allowance of at
least one thousand two hundred dollars per annum; such
member who has served fifteen or more years shall receive a
retirement allowance of at least one thousand eight hundred
dollars per annum; and such member who has served twenty
or more years shall receive a retirement allowance of at least
two thousand four hundred dollars per annum: PROVIDED,
That the initial retirement allowance of a member retiring
only under the provisions of this subsection shall not exceed
the average final compensation upon which the retirement
allowance is based. The minimum benefits provided in this
subsection shall apply to all retired members or to the surviving spouse of deceased members who were elected under the
provisions of Article II of the Washington state Constitution.
(6) Unless payment shall be made under RCW
41.40.270, a joint and one hundred percent survivor benefit
under RCW 41.40.188 shall automatically be given effect as
if selected for the benefit of the surviving spouse upon the
death in service, or while on authorized leave of absence for
a period not to exceed one hundred and twenty days from the
date of payroll separation, of any member who is qualified
for a service retirement allowance or has completed ten years
of service at the time of death, except that if the member is
not then qualified for a service retirement allowance, such
option II benefit shall be based upon the actuarial equivalent
of the sum necessary to pay the accrued regular retirement
allowance commencing when the deceased member would
have first qualified for a service retirement allowance. [1990
c 249 § 8; 1987 c 143 § 3; 1973 1st ex.s. c 190 § 9; 1972 ex.s.
c 151 § 6; 1971 ex.s. c 271 § 5; 1969 c 128 § 8; 1967 c 127 §
7; 1961 c 291 § 6; 1953 c 200 § 11; 1951 c 50 § 5; 1949 c 240
§ 14; 1947 c 274 § 20; Rem. Supp. 1949 § 11072-20.]
Findings—1990 c 249: See note following RCW 2.10.146.
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.191
41.40.191 Retirement allowance—Members with
thirty years of service—Irrevocable election. A member
may make the irrevocable election under this section no later
than six months after attaining thirty years of service. The
election shall become effective at the beginning of the calendar month following department receipt of employee notification.
(1) The sum of member contributions made for periods
of service after the effective date of the election plus seven
and one-half percent interest shall be paid to the member at
retirement without a reduction in the member's monthly
retirement benefit as determined under RCW 41.40.185.
(2004 Ed.)
41.40.197
(2) Upon retirement, the member's benefit shall be calculated using only the compensation earnable credited prior to
the effective date of the member's election. Calculation of the
member's average final compensation shall include eligible
cash outs of sick and annual leave based on the member's salary and leave accumulations at the time of retirement, except
that the amount of a member's average final compensation
cannot be higher than if the member had not taken advantage
of the election offered under this section.
(3) Members who have already earned thirty years of
service credit prior to July 25, 1999, may participate in the
election by notifying the department in writing of their intention by December 31, 1999.
The department shall continue to collect employer contributions as required in RCW 41.45.060. [1999 c 362 § 2.]
41.40.193
41.40.193 Dates upon which retirement allowances
accrue. Retirement allowances paid to members eligible to
retire under the provisions of RCW 41.40.180, 41.40.200,
41.40.210, 41.40.220, 41.40.230, and 41.40.250 shall accrue
from the first day of the calendar month immediately following the calendar month during which the member is separated
from service. Retirement allowance paid to members eligible
to retire under any other provisions of *this 1972 amendatory
act shall accrue from the first day of a calendar month but in
no event earlier than the first day of the calendar month
immediately following the calendar month during which the
member is separated from service. [1983 c 3 § 94; 1973 1st
ex.s. c 190 § 10; 1972 ex.s. c 151 § 7.]
*Reviser's note: For codification of "this 1972 amendatory act" [1972
ex.s. c 151], see Codification Tables, Volume 0.
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
41.40.197
41.40.197 Retirement allowance—Annual
increases—Eligibility. (1) Beginning July 1, 1995, and
annually thereafter, the retirement allowance of a person
meeting the requirements of this section shall be increased by
the annual increase amount.
(2) The following persons shall be eligible for the benefit
provided in subsection (1) of this section:
(a) A beneficiary who has received a retirement allowance for at least one year and has attained at least age sixtysix by July 1st in the calendar year in which the annual
increase is given; or
(b) A beneficiary whose retirement allowance is lower
than the minimum benefit provided under RCW 41.40.1984.
(3) The following persons shall also be eligible for the
benefit provided in subsection (1) of this section:
(a) A beneficiary receiving the minimum benefit on June
30, 1995, under *RCW 41.40.198; or
(b) A recipient of a survivor benefit on June 30, 1995,
which has been increased by **RCW 41.40.325.
(4) If otherwise eligible, those receiving an annual
adjustment under RCW 41.40.188(1)(c) shall be eligible for
the annual increase adjustment in addition to the benefit that
would have been received absent this section.
(5) Those receiving a benefit under RCW 41.40.220(1),
or a survivor of a disabled member under RCW 41.44.170(5)
shall be eligible for the benefit provided by this section.
[Title 41 RCW—page 231]
41.40.1971
Title 41 RCW: Public Employment, Civil Service, and Pensions
(6) The legislature reserves the right to amend or repeal
this section in the future and no member or beneficiary has a
contractual right to receive this postretirement adjustment not
granted prior to that time. [1995 c 345 § 5.]
Reviser's note: *(1) RCW 41.40.198 was repealed by 1995 c 345 § 11.
**(2) RCW 41.40.325 was repealed by 1995 c 345 § 11.
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.40.1971
41.40.1971 Definition—"Beneficiary." For the purposes of RCW 41.40.197, 41.40.1984, and 41.40.1986, "beneficiary" means a beneficiary under RCW 41.40.010 or
41.44.030, or both RCW 41.40.010 and 41.44.030. [1995 c
345 § 6.]
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.40.1984
41.40.1984 Minimum retirement allowance—Annual
adjustment—Persons who become beneficiaries after
June 30, 1995. (1) Except as provided in subsections (4) and
(5) of this section, no one who becomes a beneficiary after
June 30, 1995, shall receive a monthly retirement allowance
of less than twenty-four dollars and twenty-two cents times
the number of years of service creditable to the person whose
service is the basis of such retirement allowance.
(2) Where the retirement allowance payable was
adjusted at the time benefit payments to the beneficiary commenced, the minimum allowance provided in this section
shall be adjusted in a manner consistent with that adjustment.
(3) Beginning July 1, 1996, the minimum benefit set
forth in subsection (1) of this section shall be adjusted annually by the annual increase.
(4) Those receiving a benefit under RCW 41.40.220(1)
or under RCW 41.44.170 (3) and (5) shall not be eligible for
the benefit provided by this section.
(5) For persons who served as elected officials and
whose accumulated employee contributions and credited
interest was less than seven hundred fifty dollars at the time
of retirement, the minimum benefit under subsection (1) of
this section shall be ten dollars per month per each year of
creditable service.
(6) Beginning July 1, 2004, the minimum benefit set
forth in subsection (1) of this section, prior to adjustments set
forth in subsection (2) of this section, for a beneficiary with at
least twenty-five years of service and who has been retired at
least twenty years shall be one thousand dollars per month.
The minimum benefit in this subsection shall not be adjusted
by the annual increase provided in subsection (3) of this section. [2004 c 85 § 2; 1995 c 345 § 7.]
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.40.1985
41.40.1985 Permanent retirement allowance adjustment. The dollar amount of the temporary postretirement
allowance adjustment granted by section 1, chapter 519,
Laws of 1993 shall be provided as a permanent retirement
allowance adjustment as of July 1, 1995. [1994 c 247 § 4.]
Effective date—1994 c 247: See note following RCW 41.32.4991.
Temporary postretirement allowance—1993 c 519: See note following RCW 41.32.4991.
[Title 41 RCW—page 232]
41.40.1986
41.40.1986 Permanent increase for specified beneficiaries age seventy or over. (1) The amount of the July 1,
1993, increase to the retirement allowance of beneficiaries
under this chapter as a result of the temporary adjustment
authorized by section 3, chapter 519, Laws of 1993, shall be
made a permanent adjustment on July 1, 1995.
(2) Beneficiaries receiving a benefit under *RCW
41.40.198 who are at least age seventy-nine shall receive on
July 1, 1995, a permanent adjustment of one dollar and eighteen cents per month per year of service.
(3) Beneficiaries under this chapter who are not subject
to subsection (1) of this section and are not receiving a benefit under *RCW 41.40.198 shall receive the following permanent adjustment to their retirement allowance on July 1,
1995:
(a) Those who are age seventy, thirty-nine cents per
month per year of service;
(b) Those who are age seventy-one, seventy-nine cents
per month per year of service; and
(c) Those who are at least age seventy-two, one dollar
and eighteen cents per month per year of service. [1995 c 345
§ 8.]
*Reviser's note: RCW 41.40.198 was repealed by 1995 c 345 § 11.
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.40.200
41.40.200 Retirement for disability in line of duty—
Applicability to certain judges. (1) Subject to the provisions of RCW 41.40.310 and 41.40.320, upon application of
a member, or his or her employer, a member who becomes
totally incapacitated for duty as the natural and proximate
result of an accident occurring in the actual performance of
duty or who becomes totally incapacitated for duty and qualifies to receive benefits under Title 51 RCW as a result of an
occupational disease, as now or hereafter defined in RCW
51.08.140, while in the service of an employer, without willful negligence on his or her part, shall be retired subject to the
following conditions:
(a) That the medical adviser, after a medical examination
of such member made by or under the direction of the medical adviser, shall certify in writing that the member is mentally or physically totally incapacitated for the further performance of his or her duty and that such member should be
retired;
(b) That the director concurs in the recommendation of
the medical adviser;
(c) That no application shall be valid or a claim thereunder enforceable unless, in the case of an accident, the claim is
filed within two years after the date upon which the injury
occurred or, in the case of an occupational disease, the claim
is filed within two years after the member separated from service with the employer; and
(d) That the coverage provided for occupational disease
under this section may be restricted in the future by the legislature for all current and future members.
(2) The retirement for disability of a judge, who is a
member of the retirement system, by the supreme court under
Article IV, section 31 of the Constitution of the state of
Washington (Amendment 71), with the concurrence of the
director, shall be considered a retirement under subsection (1)
of this section. [1991 c 35 § 80; 1986 c 207 § 1; 1982 c 18 §
(2004 Ed.)
Washington Public Employees' Retirement System
3; 1955 c 277 § 5; 1951 c 50 § 6; 1949 c 240 § 15; 1947 c 274
§ 21; Rem. Supp. 1949 § 11072-21.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.210
41.40.210 Duty disability retirement allowance for
disability after age sixty. Upon retirement for disability, as
provided in RCW 41.40.200, a member who has attained age
sixty, regardless of his creditable service shall receive a service retirement allowance. [1972 ex.s. c 151 § 8; 1947 c 274
§ 22; Rem. Supp. 1947 § 11072-22.]
41.40.220
41.40.220 Allowance on retirement for duty disability—Before sixty. Upon retirement for disability, as provided in RCW 41.40.200, a member who has not attained age
sixty shall receive the following benefits, subject to the provisions of RCW 41.40.310 and 41.40.320:
(1) A disability retirement pension of two-thirds of his or
her average final compensation to his or her attainment of age
sixty, subject to the provisions of RCW 41.40.310. The disability retirement pension provided by the employer shall not
exceed forty-two hundred dollars per annum, and
(2) Upon attainment of age sixty, the disabled member
shall receive a service retirement allowance as provided in
RCW 41.40.210. The department shall grant the disabled
member membership service for the period of time prior to
age sixty he or she was out of such service due to disability.
(3) During the period a disabled member is receiving a
disability pension, as provided for in subsection (1) of this
section, his or her contributions to the employees' savings
fund shall be suspended and his or her balance in the employees' savings fund, standing to his or her credit as of the date
his or her disability pension is to begin, shall remain in the
employees' savings fund. If the disabled member should die
before attaining age sixty, while a disability beneficiary,
upon receipt by the department of proper proof of death, the
member's accumulated contributions standing to his or her
credit in the employees' savings fund, shall be paid to the
member's estate, or such person or persons, trust, or organization as he or she shall have nominated by written designation
duly executed and filed with the department. If there is no
designated person or persons still living at the time of the
member's death, the accumulated contributions standing to
the member's credit in the employees' savings fund shall be
paid to his or her surviving spouse, or if there is no surviving
spouse, then to the member's legal representative. [1995 c
144 § 2; 1991 c 35 § 81; 1972 ex.s. c 151 § 9; 1971 ex.s. c 271
§ 8; 1961 c 291 § 7; 1953 c 200 § 12; 1949 c 240 § 16; 1947
c 274 § 23; Rem. Supp. 1949 § 11072-23.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
41.40.230
41.40.230 Nonduty disability—Applicability to certain judges. (1) Subject to the provisions of RCW 41.40.310
and 41.40.320, upon application of a member, or his or her
employer, a member who has been an employee at least five
years, and who becomes totally and permanently incapacitated for duty as the result of causes occurring not in the performance of his or her duty, may be retired by the department, subject to the following conditions:
(2004 Ed.)
41.40.250
(a) That the medical adviser, after a medical examination
of the member made by or under the direction of the medical
adviser, shall certify in writing that the member is mentally or
physically incapacitated for the further performance of duty,
that the incapacity is likely to be permanent, and that the
member should be retired; and
(b) That the department concurs in the recommendation
of the medical adviser.
(2) The retirement for disability of a judge, who is a
member of the retirement system and who has been an
employee at least five years, by the supreme court under Article IV, section 31 of the Constitution of the state of Washington (Amendment 71), with the concurrence of the department, shall be considered a retirement under subsection (1) of
this section. [1991 c 35 § 82; 1982 c 18 § 4; 1969 c 128 § 9;
1951 c 50 § 7; 1949 c 240 § 17; 1947 c 274 § 24; Rem. Supp.
1949 § 11072-24.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.235
41.40.235 Nonduty disability retirement allowance—
Amount—Maximum—Death benefit. (1) Upon retirement, a member shall receive a nonduty disability retirement
allowance equal to two percent of average final compensation for each service credit year of service: PROVIDED,
That this allowance shall be reduced by two percent of itself
for each year or fraction thereof that his or her age is less than
fifty-five years: PROVIDED FURTHER, That in no case
may the allowance provided by this section exceed sixty percent of average final compensation.
(2) If the recipient of a retirement allowance under this
section dies before the total of the retirement allowance paid
to the recipient equals the amount of the accumulated contributions at the date of retirement, then the balance shall be
paid to the member's estate, or the person or persons, trust, or
organization as the recipient has nominated by written designation duly executed and filed with the director or, if there is
no designated person or persons still living at the time of the
recipient's death, then to the surviving spouse or, if there is
neither a designated person or persons still living at the time
of his or her death nor a surviving spouse, then to his or her
legal representative. [1995 c 144 § 3. Prior: 1991 c 343 § 8;
1991 c 35 § 83; 1986 c 176 § 4; 1972 ex.s. c 151 § 10.]
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.250
41.40.250 Allowance on retirement for nonduty disability—Election. An individual who was a member on
February 25, 1972, may upon qualifying pursuant to RCW
41.40.230, make an irrevocable election to receive the nonduty disability retirement allowance provided in subsections
(1) and (2) of this section subject to the provisions of RCW
41.40.310 and 41.40.320. Upon attaining or becoming disabled after age sixty the member shall receive a service retirement allowance as provided for in RCW 41.40.190 except
that the annuity portion thereof shall consist of a continuation
of the cash refund annuity previously provided to him or her.
The disability retirement allowance prior to age sixty shall
consist of:
[Title 41 RCW—page 233]
41.40.260
Title 41 RCW: Public Employment, Civil Service, and Pensions
(1) A cash refund annuity which shall be the actuarial
equivalent of the member's accumulated contributions at the
time of his or her retirement; and
(2) A pension, in addition to the annuity, equal to one
one-hundredth of the member's average final compensation
for each year of service. If the recipient of a retirement allowance under this section dies before the total of the annuity
portions of the retirement allowance paid to him or her equals
the amount of his or her accumulated contributions at the date
of retirement, then the balance shall be paid to the member's
estate, or the person or persons, trust, or organization as he or
she shall have nominated by written designation duly executed and filed with the department, or if there is no designated person or persons, still living at the time of his or her
death, then to his or her surviving spouse, or if there is no designated person or persons still living at the time of his or her
death nor a surviving spouse, then to his or her legal representatives. [1995 c 144 § 4; 1991 c 35 § 84; 1972 ex.s. c 151 §
11; 1969 c 128 § 10; 1961 c 291 § 8; 1953 c 200 § 13; 1947 c
274 § 26; Rem. Supp. 1947 § 11072-26.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1969 c 128: See note following RCW 41.40.010.
Nonduty disability retirement allowance—1972 act: See RCW 41.40.235.
41.40.260
41.40.260 Withdrawal from system—Refund of contributions—Waiver of allowance, when. Subject to the
provisions of RCW 41.40.280, should a member cease to be
an employee, he or she may request upon a form provided by
the department a refund of all or part of the funds standing to
his or her credit in the employees' savings fund and this
amount shall be paid to him or her. Withdrawal of all or part
of the funds, other than additional contributions under RCW
41.40.330(2) by a member who is eligible for a service retirement allowance in RCW 41.40.180 or a disability retirement
allowance in RCW 41.40.200, 41.40.210, 41.40.220,
41.40.230, or 41.40.250 shall constitute a waiver of any service or disability retirement allowance. [1991 c 35 § 85;
1983 c 3 § 95; 1971 ex.s. c 271 § 9; 1963 c 174 § 12; 1949 c
240 § 18; 1947 c 274 § 27; Rem. Supp. 1949 § 11072-27.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
41.40.262
41.40.262 Elected officials—Restoration of withdrawn contributions. Any active member or separated
member who was not eligible to restore contributions under
section 3, chapter 317, Laws of 1986, solely because he or
she was an elected official, other than an elected official
under Articles II or III of the Constitution of the state of
Washington, shall be permitted to restore withdrawn contributions for periods of nonelected service no later than June
30, 1994, with interest as determined by the director. [1993 c
506 § 2.]
41.40.270
41.40.270 Death before retirement or within sixty
days following application for disability retirement—
Payment of contributions to nominee, surviving spouse,
or legal representative—Waiver of payment, effect—
Benefits. (1) Except as specified in subsection (4) of this section, should a member die before the date of retirement the
amount of the accumulated contributions standing to the
[Title 41 RCW—page 234]
member's credit in the employees' savings fund, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670, at the time of death:
(a) Shall be paid to the member's estate, or such person
or persons, trust, or organization as the member shall have
nominated by written designation duly executed and filed
with the department; or
(b) If there be no such designated person or persons still
living at the time of the member's death, or if a member fails
to file a new beneficiary designation subsequent to marriage,
remarriage, dissolution of marriage, divorce, or reestablishment of membership following termination by withdrawal or
retirement, such accumulated contributions, less any amount
identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under
RCW 41.50.670, shall be paid to the surviving spouse as if in
fact such spouse had been nominated by written designation
as aforesaid, or if there be no such surviving spouse, then to
the member's legal representatives.
(2) Upon the death in service, or while on authorized
leave of absence for a period not to exceed one hundred and
twenty days from the date of payroll separation, of any member who is qualified but has not applied for a service retirement allowance or has completed ten years of service at the
time of death, the designated beneficiary, or the surviving
spouse as provided in subsection (1) of this section, may elect
to waive the payment provided by subsection (1) of this section. Upon such an election, a joint and one hundred percent
survivor option under RCW 41.40.188, calculated under the
retirement allowance described in RCW 41.40.185 or
41.40.190, whichever is greater, actuarially reduced, except
under subsection (5) of this section, by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 shall automatically be
given effect as if selected for the benefit of the designated
beneficiary. If the member is not then qualified for a service
retirement allowance, such benefit shall be based upon the
actuarial equivalent of the sum necessary to pay the accrued
regular retirement allowance commencing when the
deceased member would have first qualified for a service
retirement allowance.
(3) Subsection (1) of this section, unless elected, shall
not apply to any member who has applied for service retirement in RCW 41.40.180, as now or hereafter amended, and
thereafter dies between the date of separation from service
and the member's effective retirement date, where the member has selected a survivorship option under RCW 41.40.188.
In those cases the beneficiary named in the member's final
application for service retirement may elect to receive either
a cash refund, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant
to a court order filed under RCW 41.50.670, or monthly payments according to the option selected by the member.
(4) If a member dies within sixty days following application for disability retirement under RCW 41.40.230, the beneficiary named in the application may elect to receive the
benefit provided by:
(a) This section; or
(2004 Ed.)
Washington Public Employees' Retirement System
(b) RCW 41.40.235, according to the option chosen
under RCW 41.40.188 in the disability application.
(5) The retirement allowance of a member who is killed
in the course of employment, as determined by the director of
the department of labor and industries, is not subject to an
actuarial reduction. The member's retirement allowance is
computed under RCW 41.40.185. [2003 c 155 § 6; 1997 c 73
§ 2; 1996 c 227 § 2; 1995 c 144 § 5; 1991 c 365 § 27; 1990 c
249 § 11; 1979 ex.s. c 249 § 11; 1972 ex.s. c 151 § 12; 1969
c 128 § 11; 1965 c 155 § 5; 1963 c 174 § 13; 1961 c 291 § 9;
1953 c 201 § 1; 1953 c 200 § 14; 1951 c 141 § 1; 1949 c 240
§ 19; 1947 c 274 § 28; Rem. Supp. 1949 § 11072-28.]
Applicability—2003 c 155: See note following RCW 41.32.520.
Effective date—1997 c 73: See note following RCW 41.32.520.
Severability—1991 c 365: See note following RCW 41.50.500.
Findings—1990 c 249: See note following RCW 2.10.146.
Severability—1969 c 128: See note following RCW 41.40.010.
41.40.280
41.40.280 Department may withhold refunds of contributions. The department may, in its discretion, withhold
payment of all or part of a member's contributions for not
more than six months after a member has ceased to be an
employee. A member who files a request for a refund and
subsequently enters into employment with an employer prior
to the refund being made shall not be eligible for a refund.
For purposes of this section, a written or oral employment
agreement shall be considered entering into employment.
[1994 c 177 § 7; 1991 c 35 § 86; 1973 2nd ex.s. c 14 § 2; 1947
c 274 § 29; Rem. Supp. 1947 § 11072-29.]
Findings—1994 c 177: See note following RCW 41.50.125.
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.330
or her disability pension, or retirement allowance, may be
revoked by the department. If upon a medical examination of
a disability beneficiary, the medical adviser reports and his or
her report is concurred in by the department, that the disability beneficiary is no longer totally incapacitated for duty as
the result of the injury or illness for which the disability was
granted, or that he or she is engaged in a gainful occupation,
his or her disability pension or retirement allowance shall
cease.
If the disability beneficiary resumes a gainful occupation
and his or her compensation is less than his or her compensation earnable at the date of disability, the department shall
continue the disability benefits in an amount which when
added to his or her compensation does not exceed his or her
compensation earnable at the date of separation, but the disability benefit shall in no event exceed the disability benefit
originally awarded. The compensation earnable at the date of
separation shall be adjusted July 1 of each year by the ratio of
the average consumer price index (Seattle, Washington area)
for urban consumers, compiled by the United States department of labor, bureau of labor statistics, for the calendar year
prior to the adjustment to the average consumer price index
for the calendar year in which separation from service
occurred but in no event shall the adjustment result in an
amount lower than the original compensation earnable at the
date of separation. [1991 c 35 § 87; 1984 c 184 § 14; 1965 c
155 § 7; 1963 c 174 § 14; 1955 c 277 § 7; 1951 c 50 § 9; 1949
c 240 § 22; 1947 c 274 § 32; Rem. Supp. 1949 § 11072-32.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1984 c 184: See note following RCW 41.50.150.
Severability—Effective date—1982 c 163: See notes following RCW
2.10.052.
41.40.300
41.40.300 Benefits offset by workers' compensation
or similar benefits. Any amounts which may be paid or payable under the provisions of any workers' compensation, or
pension, or similar law on account of any disability shall be
offset against and payable in lieu of any benefits payable
from funds provided by the employer under the provisions of
this chapter on account of the same disability. [1987 c 185 §
14; 1949 c 240 § 21; 1947 c 274 § 31; Rem. Supp. 1949 §
11072-31.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
41.40.310
41.40.310 Periodical examination of disability beneficiaries—Benefits upon resumption of gainful employment. Once each year during the first five years following
the retirement of a member on a disability pension or retirement allowance, and at least once in every three year period
thereafter the department may, and upon the member's application shall, require any disability beneficiary, who has not
attained age sixty years, to undergo a medical examination;
such examination to be made by or under the direction of the
medical adviser at the place of residence of the beneficiary,
or other place mutually agreed upon. Should any disability
beneficiary, who has not attained age sixty years, refuse to
submit to a medical examination in any period, his or her disability pension or retirement allowance may be discontinued
until his or her withdrawal of the refusal, and should the
refusal continue for one year, all his or her rights in and to his
(2004 Ed.)
41.40.320
41.40.320 Disability beneficiary—Restoration to service. A disability beneficiary who has been or shall be reinstated to active service shall from the date of restoration again
become a member of the retirement system; and shall contribute to the retirement system in the same manner as prior to
the disability retirement. Any prior service and membership
service, on the basis of which retirement allowances were
computed at the time of retirement, shall be restored to full
force and effect, and, except in the case of retirement for nonduty disability as provided in RCW 41.40.230, he or she shall
be given membership service for the period of time out of service due to the disability. [1991 c 35 § 88; 1953 c 200 § 16;
1951 c 50 § 10; 1949 c 240 § 23; 1947 c 274 § 33; Rem. Supp.
1949 § 11072-33.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.330
41.40.330 Contributions. (1) Each employee who is a
member of the retirement system shall contribute six percent
of his or her total compensation earnable. Effective January
1, 1987, however, no contributions are required for any calendar month in which the member is not granted service
credit. The officer responsible for making up the payroll shall
deduct from the compensation of each member, on each and
every payroll of such member for each and every payroll
period subsequent to the date on which he or she became a
member of the retirement system the contribution as provided
by this section.
[Title 41 RCW—page 235]
41.40.363
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) Any member may, pursuant to regulations formulated from time to time by the department, provide for himself or herself, by means of an increased rate of contribution
to his or her account in the employees' savings fund, an
increased prospective retirement allowance pursuant to RCW
41.40.190 and 41.40.185.
(3) The officer responsible for making up the payroll
shall deduct from the compensation of each member covered
by the provisions of RCW 41.40.190(5) and 41.40.185(4) on
each and every payroll of such member for each and every
payroll period subsequent to the date on which he or she
thereafter becomes a member of the retirement system, an
amount equal to seven and one-half percent of such member's
compensation earnable. [1990 c 8 § 4; 1986 c 268 § 3; 1973
1st ex.s. c 190 § 12; 1972 ex.s. c 151 § 13; 1971 ex.s. c 271 §
10; 1969 c 128 § 12; 1953 c 200 § 17; 1951 c 50 § 11; 1949 c
240 § 24; 1947 c 274 § 34; Rem. Supp. 1949 § 11072-34.]
Findings—1990 c 8: See note following RCW 41.50.065.
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
Severability—1969 c 128: See note following RCW 41.40.010.
Members' retirement contributions—Payment by employer: RCW
41.04.445.
41.40.363
41.40.363 Employer's contributions—Labor guild,
association or organization. Any labor guild, association,
or organization qualifying as an employer under this chapter
and which is required to make contributions for an elective
official qualifying for membership under RCW
41.40.023(11) shall make contributions as any other
employer within this chapter: PROVIDED, That the department shall cause an actuarial computation to be made of all
prior service liability for which contributions are required
from the employer to be computed on an actual dollar basis,
and if the department determines that the contributions being
made therefor under this chapter are insufficient to defray any
cost to the state, the department shall require additional contributions from the employer in amounts and at times as will
defray all costs to the state, the additional contributions to be
completed within ten years from the date the elective official
is accepted by the department. [1991 c 35 § 91; 1963 c 225 §
3.]
Intent—1991 c 35: See note following RCW 41.26.005.
"PLAN 2"
41.40.610
41.40.610 Provisions applicable to plan 2. RCW
41.40.620 through 41.40.750 shall apply only to plan 2 members. [2000 c 247 § 201; 1991 c 35 § 97; 1977 ex.s. c 295 §
2.]
Intent—1991 c 35: See note following RCW 41.26.005.
Legislative direction and placement—1977 ex.s. c 295: "Sections 1
through 15 of this 1977 amendatory act shall be added to chapter 41.40 RCW
and shall be codified as consecutive sections of the Revised Code of Washington within such chapter." [1977 ex.s. c 295 § 23.]
Section headings—1977 ex.s. c 295: "Section headings used in this
1977 amendatory act shall not constitute any part of the law." [1977 ex.s. c
295 § 22.]
[Title 41 RCW—page 236]
41.40.620
41.40.620 Computation of the retirement allowance.
A member of the retirement system shall receive a retirement
allowance equal to two percent of such member's average
final compensation for each service credit year of service.
[1991 c 343 § 10; 1977 ex.s. c 295 § 3.]
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.625
41.40.625 Lump sum retirement allowance—Reentry—Conditions for reinstatement of service. (1) On or
after June 10, 1982, the director may pay a member eligible
to receive a retirement allowance or the member's beneficiary, subject to the provisions of subsection (5) of this section, a lump sum payment in lieu of a monthly benefit if the
initial monthly benefit computed in accordance with RCW
41.40.620 would be less than fifty dollars. The lump sum
payment shall be the greater of the actuarial equivalent of the
monthly benefits or an amount equal to the individual's accumulated contributions plus accrued interest.
(2) A retiree or a beneficiary, subject to the provisions of
subsection (5) of this section, who is receiving a regular
monthly benefit of less than fifty dollars may request, in writing, to convert from a monthly benefit to a lump sum payment. If the director approves the conversion, the calculation
of the actuarial equivalent of the total estimated regular benefit will be computed based on the beneficiary's age at the
time the benefit initially accrued. The lump sum payment will
be reduced to reflect any payments received on or after the
initial benefit accrual date.
(3) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director,
within two years of returning to service or prior to re-retiring,
whichever comes first. In computing the amount due, the
director shall exclude the accumulated value of the normal
payments the member would have received while in beneficiary status if the lump sum payment had not occurred.
(4) If a member fails to meet the time limitations under
subsection (3) of this section, reinstatement of all previous
service will occur if the member pays the amount required
under RCW 41.50.165(2). The amount, however, shall
exclude the accumulated value of the normal payments the
member would have received while in beneficiary status if
the lump sum payment had not occurred.
(5) Only persons entitled to or receiving a service retirement allowance under RCW 41.40.620 or an earned disability allowance under RCW 41.40.670 qualify for participation
under this section.
(6) It is the intent of the legislature that any member who
receives a settlement under this section shall be deemed to be
retired from this system. [1994 c 197 § 27; 1991 c 35 § 98;
1982 c 144 § 3.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Intent—1991 c 35: See note following RCW 41.26.005.
41.40.630
41.40.630 Retirement for service. (1) NORMAL
RETIREMENT. Any member with at least five service credit
(2004 Ed.)
Washington Public Employees' Retirement System
years who has attained at least age sixty-five shall be eligible
to retire and to receive a retirement allowance computed
according to the provisions of RCW 41.40.620.
(2) EARLY RETIREMENT. Any member who has
completed at least twenty service credit years and has
attained age fifty-five shall be eligible to retire and to receive
a retirement allowance computed according to the provisions
of RCW 41.40.620, except that a member retiring pursuant to
this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years
between age at retirement and the attainment of age sixtyfive.
(3) ALTERNATE EARLY RETIREMENT. Any member who has completed at least thirty service credit years and
has attained age fifty-five shall be eligible to retire and to
receive a retirement allowance computed according to the
provisions of RCW 41.40.620, except that a member retiring
pursuant to this subsection shall have the retirement allowance reduced by three percent per year to reflect the difference in the number of years between age at retirement and the
attainment of age sixty-five. [2000 c 247 § 901; 1991 c 343
§ 11; 1977 ex.s. c 295 § 4.]
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.600.
41.40.640
41.40.640 Post-retirement cost-of-living. Beginning
July 1, 1979, and every year thereafter, the department shall
determine the following information for each retired member
or beneficiary whose retirement allowance has been in effect
for at least one year:
(1) The original dollar amount of the retirement allowance;
(2) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied
beginning with the July payment. In no event, however, shall
the annual adjustment:
(a) Produce a retirement allowance which is lower than
the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment;
or
(c) Differ from the previous year's annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year's average consumer price index—
Seattle, Washington area for urban wage earners and clerical
workers, all items, compiled by the bureau of labor statistics,
United States department of labor. [1977 ex.s. c 295 § 5.]
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.660
41.40.660 Options for payment of retirement allowances—Retirement allowance adjustment—Courtapproved property settlement. (1) Upon retirement for ser(2004 Ed.)
41.40.660
vice as prescribed in RCW 41.40.630 or retirement for disability under RCW 41.40.670, a member shall elect to have
the retirement allowance paid pursuant to one of the following options, calculated so as to be actuarially equivalent to
each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member's life. However, if the retiree dies before the total of
the retirement allowance paid to such retiree equals the
amount of such retiree's accumulated contributions at the
time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization
as the retiree shall have nominated by written designation
duly executed and filed with the department; or if there be no
such designated person or persons still living at the time of
the retiree's death, then to the surviving spouse; or if there be
neither such designated person or persons still living at the
time of death nor a surviving spouse, then to the retiree's legal
representative.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member's reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a person nominated by the member by written designation duly executed and filed with the department at the time
of retirement. The options adopted by the department shall
include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor
option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member's
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3)(a) Any member who retired before January 1, 1996,
and who elected to receive a reduced retirement allowance
under subsection (1)(b) or (2) of this section is entitled to
receive a retirement allowance adjusted in accordance with
(b) of this subsection, if they meet the following conditions:
(i) The retiree's designated beneficiary predeceases or
has predeceased the retiree; and
(ii) The retiree provides to the department proper proof
of the designated beneficiary's death.
(b) The retirement allowance payable to the retiree, as of
July 1, 1998, or the date of the designated beneficiary's death,
whichever comes last, shall be increased by the percentage
derived in (c) of this subsection.
[Title 41 RCW—page 237]
41.40.670
Title 41 RCW: Public Employment, Civil Service, and Pensions
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii)
of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate
joint and survivor option factor;
(iii) The joint and survivor option factor shall be from
the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall
accrue from the beginning of the month following the date of
the designated beneficiary's death or from July 1, 1998,
whichever comes last.
(4) No later than July 1, 2001, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.40.720 and the member's
divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member's benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the age provided in RCW 41.40.630(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
[Title 41 RCW—page 238]
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2003
c 294 § 6; 2002 c 158 § 13; 2000 c 186 § 8; 1998 c 340 § 9;
1996 c 175 § 7; 1995 c 144 § 6; 1990 c 249 § 10; 1977 ex.s. c
295 § 7.]
Effective date—1998 c 340: See note following RCW 41.31.010.
Findings—1990 c 249: See note following RCW 2.10.146.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.670 Earned disability allowance—Applicability to certain judges—Disposition upon death of recipient.
(1) A member of the retirement system who becomes totally
incapacitated for continued employment by an employer as
determined by the department upon recommendation of the
department shall be eligible to receive an allowance under the
provisions of RCW 41.40.610 through 41.40.740. The member shall receive a monthly disability allowance computed as
provided for in RCW 41.40.620 and shall have this allowance
actuarially reduced to reflect the difference in the number of
years between age at disability and the attainment of age
sixty-five.
Any member who receives an allowance under the provisions of this section shall be subject to comprehensive medical examinations as required by the department. If these
medical examinations reveal that a member has recovered
from the incapacitating disability and the member is offered
reemployment by an employer at a comparable compensation, the member shall cease to be eligible for the allowance.
(2) The retirement for disability of a judge, who is a
member of the retirement system, by the supreme court under
Article IV, section 31 of the Constitution of the state of
Washington (Amendment 71), with the concurrence of the
department, shall be considered a retirement under subsection (1) of this section.
(3)(a) If the recipient of a monthly retirement allowance
under this section dies before the total of the retirement
allowance paid to the recipient equals the amount of the accumulated contributions at the date of retirement, then the balance shall be paid to the member's estate, or the person or persons, trust, or organization as the recipient has nominated by
written designation duly executed and filed with the director,
or, if there is no designated person or persons still living at
the time of the recipient's death, then to the surviving spouse,
or, if there is no designated person or persons still living at
the time of his or her death nor a surviving spouse, then to his
or her legal representative.
(b) If a recipient of a monthly retirement allowance
under this section died before April 27, 1989, and before the
total of the retirement allowance paid to the recipient equaled
41.40.670
(2004 Ed.)
Washington Public Employees' Retirement System
the amount of his or her accumulated contributions at the date
of retirement, then the department shall pay the balance of the
accumulated contributions to the member's surviving spouse
or, if there is no surviving spouse, then in equal shares to the
member's children. If there is no surviving spouse or children, the department shall retain the contributions. [1995 c
144 § 7; 1991 c 35 § 99; 1990 c 249 § 21; 1989 c 191 § 3;
1982 c 18 § 5; 1977 ex.s. c 295 § 8.]
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—1990 c 249: See note following RCW 2.10.146.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.680
41.40.680 Application for and effective date of retirement allowances. Any member or beneficiary eligible to
receive a retirement allowance under the provisions of RCW
41.40.630, 41.40.670, or 41.40.700 shall be eligible to commence receiving a retirement allowance after having filed
written application with the department.
(1) Retirement allowances paid to members under the
provisions of RCW 41.40.630 shall accrue from the first day
of the calendar month immediately following such member's
separation from employment.
(2) Retirement allowances paid to vested members no
longer in service, but qualifying for such an allowance pursuant to RCW 41.40.630, shall accrue from the first day of the
calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members
under the provisions of RCW 41.40.670 shall accrue from the
first day of the calendar month immediately following such
member's separation from employment for disability.
(4) Retirement allowances paid as death benefits under
the provisions of RCW 41.40.700 shall accrue from the first
day of the calendar month immediately following the member's death. [1977 ex.s. c 295 § 9.]
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.700
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Application—Reservation—1991 c 35; 1990 c 274 §§ 11, 12, 14, and
15: "Beginning on June 7, 1990, the 1990 amendments to RCW 41.40.690,
41.26.500, 41.32.800, and 2.10.155 regarding postretirement employment
are available prospectively to all members of the retirement systems defined
in RCW 2.10.040, 41.26.005(2), 41.32.005(2), and 41.40.005(2), regardless
of the member's date of retirement. The legislature reserves the right to
revoke or amend the 1990 amendments to RCW 41.40.690, 41.26.500,
41.32.800, and 2.10.155. The 1990 amendments to RCW 41.40.690,
41.26.500, 41.32.800, and 2.10.155 do not grant a contractual right to the
members or retirees of the affected systems." [1991 c 35 § 11; 1990 c 274 §
19.]
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Effective date—1988 c 109: See note following RCW 2.10.030.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.690
41.40.690 Suspension of retirement allowance upon
reemployment—Exceptions—Reinstatement. (Effective
July 1, 2006.) (1) Except as provided in RCW 41.40.037, no
retiree under the provisions of plan 2 shall be eligible to
receive such retiree's monthly retirement allowance if he or
she is employed in an eligible position as defined in RCW
41.40.010, 41.32.010, 41.37.010, or 41.35.010, or as a law
enforcement officer or fire fighter as defined in RCW
41.26.030, except that a retiree who ends his or her membership in the retirement system pursuant to RCW
41.40.023(3)(b) is not subject to this section if the retiree's
only employment is as an elective official of a city or town.
(2) If a retiree's benefits have been suspended under this
section, his or her benefits shall be reinstated when the retiree
terminates the employment that caused his or her benefits to
be suspended. Upon reinstatement, the retiree's benefits shall
be actuarially recomputed pursuant to the rules adopted by
the department.
(3) The department shall adopt rules implementing this
section. [2004 c 242 § 57; 1998 c 341 § 606; 1997 c 254 § 13;
1990 c 274 § 11; 1988 c 109 § 11; 1987 c 379 § 2; 1977 ex.s.
c 295 § 10.]
41.40.690
41.40.690 Suspension of retirement allowance upon
reemployment—Exceptions—Reinstatement. (Effective
until July 1, 2006.) (1) Except as provided in RCW
41.40.037, no retiree under the provisions of plan 2 shall be
eligible to receive such retiree's monthly retirement allowance if he or she is employed in an eligible position as defined
in RCW 41.40.010, 41.32.010, or 41.35.010, or as a law
enforcement officer or fire fighter as defined in RCW
41.26.030, except that a retiree who ends his or her membership in the retirement system pursuant to RCW
41.40.023(3)(b) is not subject to this section if the retiree's
only employment is as an elective official of a city or town.
(2) If a retiree's benefits have been suspended under this
section, his or her benefits shall be reinstated when the retiree
terminates the employment that caused his or her benefits to
be suspended. Upon reinstatement, the retiree's benefits shall
be actuarially recomputed pursuant to the rules adopted by
the department.
(3) The department shall adopt rules implementing this
section. [1998 c 341 § 606; 1997 c 254 § 13; 1990 c 274 § 11;
1988 c 109 § 11; 1987 c 379 § 2; 1977 ex.s. c 295 § 10.]
Effective date—1998 c 341: See RCW 41.35.901.
(2004 Ed.)
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Application—Reservation—1991 c 35; 1990 c 274 §§ 11, 12, 14, and
15: "Beginning on June 7, 1990, the 1990 amendments to RCW 41.40.690,
41.26.500, 41.32.800, and 2.10.155 regarding postretirement employment
are available prospectively to all members of the retirement systems defined
in RCW 2.10.040, 41.26.005(2), 41.32.005(2), and 41.40.005(2), regardless
of the member's date of retirement. The legislature reserves the right to
revoke or amend the 1990 amendments to RCW 41.40.690, 41.26.500,
41.32.800, and 2.10.155. The 1990 amendments to RCW 41.40.690,
41.26.500, 41.32.800, and 2.10.155 do not grant a contractual right to the
members or retirees of the affected systems." [1991 c 35 § 11; 1990 c 274 §
19.]
Findings—Construction—1990 c 274: See notes following RCW
41.32.010.
Effective date—1988 c 109: See note following RCW 2.10.030.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.700
41.40.700 Death benefits. (1) Except as provided in
RCW 11.07.010, if a member or a vested member who has
not completed at least ten years of service dies, the amount of
[Title 41 RCW—page 239]
41.40.710
Title 41 RCW: Public Employment, Civil Service, and Pensions
the accumulated contributions standing to such member's
credit in the retirement system at the time of such member's
death, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member's estate, or such person or persons, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department. If there be no
such designated person or persons still living at the time of
the member's death, such member's accumulated contributions standing to such member's credit in the retirement system, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670, shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving
spouse, then to such member's legal representatives.
(2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the
surviving spouse or eligible child or children shall elect to
receive either:
(a) A retirement allowance computed as provided for in
RCW 41.40.630, actuarially reduced by the amount of any
lump sum benefit identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under
RCW 41.40.660 and, except under subsection (4) of this section, if the member was not eligible for normal retirement at
the date of death a further reduction as described in RCW
41.40.630; if a surviving spouse who is receiving a retirement
allowance dies leaving a child or children of the member
under the age of majority, then such child or children shall
continue to receive an allowance in an amount equal to that
which was being received by the surviving spouse, share and
share alike, until such child or children reach the age of
majority; if there is no surviving spouse eligible to receive an
allowance at the time of the member's death, such member's
child or children under the age of majority shall receive an
allowance share and share alike calculated as herein provided
making the assumption that the ages of the spouse and member were equal at the time of the member's death; or
(b) The member's accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670.
(3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies after
October 1, 1977, and is not survived by a spouse or an eligible child, then the accumulated contributions standing to the
member's credit, less any amount identified as owing to an
obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be
paid:
(a) To a person or persons, estate, trust, or organization
as the member shall have nominated by written designation
duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member's death, then to the member's
legal representatives.
[Title 41 RCW—page 240]
(4) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, is not subject to an actuarial reduction under RCW
41.40.630. The member's retirement allowance is computed
under RCW 41.40.620. [2003 c 155 § 7; 2000 c 247 § 1004;
1995 c 144 § 8; 1993 c 236 § 5; 1991 c 365 § 28; 1990 c 249
§ 18; 1977 ex.s. c 295 § 11.]
Applicability—2003 c 155: See note following RCW 41.32.520.
Severability—1991 c 365: See note following RCW 41.50.500.
Findings—1990 c 249: See note following RCW 2.10.146.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.710
41.40.710 Service credit for paid leave of absence,
officers of labor organizations, unpaid leave of absence,
military service. (1) A member who is on a paid leave of
absence authorized by a member's employer shall continue to
receive service credit as provided for under the provisions of
RCW 41.40.610 through 41.40.740.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member's
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The compensation earnable reported for a member who establishes
service credit under this subsection may not be greater than
the salary paid to the highest paid job class covered by the
collective bargaining agreement.
(3) Except as specified in subsection (4) of this section, a
member shall be eligible to receive a maximum of two years
service credit during a member's entire working career for
those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if:
(a) The member makes both the plan 2 employer and
member contributions plus interest as determined by the
department for the period of the authorized leave of absence
within five years of resumption of service or prior to retirement whichever comes sooner; or
(b) If not within five years of resumption of service but
prior to retirement, pay the amount required under RCW
41.50.165(2).
The contributions required under (a) of this subsection
shall be based on the average of the member's compensation
earnable at both the time the authorized leave of absence was
granted and the time the member resumed employment.
(4) A member who leaves the employ of an employer to
enter the armed forces of the United States shall be entitled to
retirement system service credit for up to five years of military service. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed
services employment and reemployment rights act.
(a) The member qualifies for service credit under this
subsection if:
(2004 Ed.)
Washington Public Employees' Retirement System
(i) Within ninety days of the member's honorable discharge from the United States armed forces, the member
applies for reemployment with the employer who employed
the member immediately prior to the member entering the
United States armed forces; and
(ii) The member makes the employee contributions
required under RCW 41.45.061 and 41.45.067 within five
years of resumption of service or prior to retirement, whichever comes sooner; or
(iii) Prior to retirement and not within ninety days of the
member's honorable discharge or five years of resumption of
service the member pays the amount required under RCW
41.50.165(2).
(b) Upon receipt of member contributions under (a)(ii) of
this subsection, the department shall establish the member's
service credit and shall bill the employer for its contribution
required under RCW 41.45.060, 41.45.061, and 41.45.067
for the period of military service, plus interest as determined
by the department.
(c) The contributions required under (a)(ii) of this subsection shall be based on the compensation the member
would have earned if not on leave, or if that cannot be estimated with reasonable certainty, the compensation reported
for the member in the year prior to when the member went on
military leave. [2000 c 247 § 1106; 1996 c 61 § 4; 1994 c 197
§ 28; 1993 c 95 § 2; 1992 c 119 § 3; 1991 c 35 § 100; 1977
ex.s. c 295 § 12.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Retroactive application—Effective date—1993 c 95: See notes following RCW 41.40.175.
Retroactive application—1992 c 119: See note following RCW
41.26.520.
Intent—1991 c 35: See note following RCW 41.26.005.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.748
(4) Additional service credit purchased under this section is not membership service, and may not be used to qualify a member for retirement under RCW 41.40.630. [2004 c
172 § 1.]
Effective date—2004 c 172: "This act takes effect July 1, 2006." [2004
c 172 § 5.]
41.40.720
41.40.720 Vested membership. A member who separates or has separated after having completed at least five
years of service may remain a member during the period of
such member's absence from service for the exclusive purpose only of receiving a retirement allowance under the provisions of RCW 41.40.630 if such member maintains the
member's accumulated contributions intact. [1977 ex.s. c
295 § 13.]
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.730
41.40.730 Refund of contributions. A member who
ceases to be an employee of an employer except by service or
disability retirement may request a refund of the member's
accumulated contributions. The refund shall be made within
ninety days following the receipt of the request and notification of termination through the contribution reporting system
by the employer; except that in the case of death, an initial
payment shall be made within thirty days of receipt of request
for such payment and notification of termination through the
contribution reporting system by the employer. A member
who files a request for refund and subsequently enters into
employment with another employer prior to the refund being
made shall not be eligible for a refund. The refund of accumulated contributions shall terminate all rights to benefits
under RCW 41.40.610 through 41.40.740. [1982 1st ex.s. c
52 § 23; 1977 ex.s. c 295 § 14.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.713
41.40.713 Purchase of additional service credit—
Costs—Rules. (Effective July 1, 2006.) (1) A member eligible to retire under RCW 41.40.630 (2) or (3) may, at the
time of filing a written application for retirement with the
department, apply to the department to make a one-time purchase of up to five years of additional service credit.
(2) To purchase additional service credit under this section, a member shall pay the actuarial equivalent value of the
resulting increase in the member's benefit.
(3) Subject to rules adopted by the department, a member
purchasing additional service credit under this section may
pay all or part of the cost with a lump sum payment, eligible
rollover, direct rollover, or trustee-to-trustee transfer from an
eligible retirement plan. The department shall adopt rules to
ensure that all lump sum payments, rollovers, and transfers
comply with the requirements of the internal revenue code
and regulations adopted by the internal revenue service. The
rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt
of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax
law.
(2004 Ed.)
41.40.740
41.40.740 Reentry. (1) A member, who had left service
and withdrawn the member's accumulated contributions,
shall receive service credit for such prior service if the member restores all withdrawn accumulated contributions
together with interest since the time of withdrawal as determined by the department.
The restoration of such funds must be completed within
five years of the resumption of service or prior to retirement,
whichever occurs first.
(2) If a member fails to meet the time limitations of subsection (1) of this section, the member may receive service
credit destroyed by the withdrawn contributions if the
amount required under RCW 41.50.165(2) is paid. [1994 c
197 § 29; 1977 ex.s. c 295 § 15.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Legislative direction and placement—Section headings—1977 ex.s.
c 295: See notes following RCW 41.40.610.
41.40.748
41.40.748 Commercial vehicle enforcement officers—Limited optional transfer to Washington state
patrol retirement system. (1) Active members of the Wash[Title 41 RCW—page 241]
41.40.750
Title 41 RCW: Public Employment, Civil Service, and Pensions
ington state patrol retirement system who have previously
established service credit in the public employees' retirement
system plan 2 while employed in the state patrol as a commercial vehicle enforcement officer, and who became a commissioned officer after July 1, 2000, and prior to June 30,
2001, have the following options:
(a) Remain a member of the public employees' retirement system; or
(b) Transfer service credit earned under the retirement
system as a commercial vehicle enforcement officer to the
Washington state patrol retirement system by making an irrevocable choice filed in writing with the department of retirement systems within one year of the department's announcement of the ability to make such a transfer.
(2)(a) Any commissioned officer choosing to transfer
under this section shall have transferred from the retirement
system to the Washington state patrol retirement system:
(i) All the employee's applicable accumulated contributions plus interest, and an equal amount of employer contributions attributed to such employee; and
(ii) All applicable months of service as a commercial
vehicle enforcement officer credited to the employee under
this chapter as though that service was rendered as a member
of the Washington state patrol retirement system.
(b) For the applicable period of service, the employee
shall pay:
(i) The difference between the contributions the
employee paid to the retirement system, and the contributions
which would have been paid by the employee had the
employee been a member of the Washington state patrol
retirement system, plus interest as determined by the director.
This payment shall be made no later than December 31, 2010,
or the date of retirement, whichever comes first;
(ii) The difference between the employer contributions
paid to the public employees' retirement system, and the
employer contributions which would have been payable to
the Washington state patrol retirement system; and
(iii) An amount sufficient to ensure that the funding status of the Washington state patrol retirement system will not
change due to this transfer.
(c) If the payment required by this subsection is not paid
in full by the deadline, the transferred service credit shall not
be used to determine eligibility for benefits nor to calculate
benefits under the Washington state patrol retirement system.
In such case, the employee's accumulated contributions plus
interest transferred under this subsection, and any payments
made under this subsection, shall be refunded to the
employee. The employer shall be entitled to a credit for the
employer contributions transferred under this subsection.
(d) An individual who transfers service credit and contributions under this subsection is permanently excluded from
the public employees' retirement system for all service as a
commercial vehicle enforcement officer. [2003 c 294 § 7;
2002 c 269 § 1.]
41.40.750 Transfer of membership and service
credit—Restoration of contributions and service credit.
(1) Effective September 1, 2000, the membership of all plan
2 members currently employed in eligible positions in a
school district or educational service district and all plan 2
service credit for such members, is transferred to the Wash41.40.750
[Title 41 RCW—page 242]
ington school employees' retirement system plan 2. Plan 2
members who have withdrawn their member contributions
for prior plan 2 service may restore contributions and service
credit to the Washington school employees' retirement system plan 2 as provided under RCW 41.40.740.
(2)(a) The membership and previous service credit of a
plan 2 member not employed in an eligible position on September 1, 2000, will be transferred to the Washington school
employees' retirement system plan 2 when he or she becomes
employed in an eligible position. Plan 2 members not
employed in an eligible position on September 1, 2000, who
have withdrawn their member contributions for prior plan 2
service may restore contributions and service credit to the
Washington school employees' retirement system plan 2 as
provided under RCW 41.40.740.
(b) The membership and previous service credit of a plan
2 member last employed by a school district or educational
service district and retired prior to September 1, 2000, will be
transferred to the Washington school employees' retirement
system plan 2 if the member opts to reestablish membership.
(3) Members who restore contributions and service
credit under subsection (1) or (2) of this section shall have
their contributions and service credit transferred to the Washington school employees' retirement system. [2001 2nd sp.s.
c 10 § 13; 1998 c 341 § 113.]
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Effective date—1998 c 341: See RCW 41.35.901.
"PLAN 3"
41.40.780 Provisions applicable to plan 3—Plan 3
elements. (1) RCW 41.40.780 through 41.40.850 and
41.40.930 apply only to plan 3 members.
(2) Plan 3 consists of two separate elements: (a) A
defined benefit portion covered under this subchapter; and
(b) a defined contribution portion covered under chapter
41.34 RCW.
(3) Unless otherwise specified, all references to "plan 3"
in this subchapter refer to the defined benefit portion of plan
3. [2000 c 247 § 301.]
41.40.780
41.40.785
41.40.785 Membership in plan 2 or plan 3—Irrevocable choice—Default to plan 3. (1) All employees who
first become employed by an employer in an eligible position
on or after March 1, 2002, for state agencies or institutes of
higher education, or September 1, 2002, for other employers,
shall have a period of ninety days to make an irrevocable
choice to become a member of plan 2 or plan 3. At the end of
ninety days, if the member has not made a choice to become
a member of plan 2, he or she becomes a member of plan 3.
(2) For administrative efficiency, until a member elects
to become a member of plan 3, or becomes a member of plan
3 by default pursuant to subsection (1) of this section, the
member shall be reported to the department in plan 2, with
member and employer contributions. Upon becoming a
member of plan 3 by election or by default, all service credit
shall be transferred to the member's plan 3 defined benefit,
and all employee accumulated contributions shall be transferred to the member's plan 3 defined contribution account.
[2000 c 247 § 302.]
(2004 Ed.)
Washington Public Employees' Retirement System
41.40.787 Right to waive benefit—Irrevocable
choice. Any member receiving or having received a distribution under chapter 41.34 RCW may make an irrevocable
choice to waive all rights to a benefit under RCW 41.40.790
by notifying the department in writing of their intention.
[2003 c 349 § 3.]
41.40.787
Effective date—2003 c 349: See note following RCW 41.32.837.
41.40.790 Computation of retirement allowance. (1)
A member of the retirement system shall receive a retirement
allowance equal to one percent of such member's average
final compensation for each service credit year.
(2) The retirement allowance payable under RCW
41.40.820 to a member who separates after having completed
at least twenty service credit years shall be increased by
twenty-five one-hundredths of one percent, compounded for
each month from the date of separation to the date that the
retirement allowance commences. [2000 c 247 § 303.]
41.40.790
41.40.795 Transfer period and basis—Additional
transfer payment. (1) As used in this section, unless the
context clearly requires otherwise:
(a) "Transfer period" means the time during which a
member of one of the groups of plan 2 members identified in
subsection (2) of this section may choose to irrevocably
transfer from plan 2 to plan 3.
(b) "Transfer basis" means the accumulated contributions present in a member's savings fund on March 1, 2002,
less fifty percent of any contributions made pursuant to RCW
41.50.165(2), which is the basis for calculation of the plan 2
to plan 3 additional transfer payment.
(c) "Additional transfer payment date" means June 1,
2003, the date of the additional transfer payment made
according to subsection (6) of this section.
(2) Every plan 2 member employed by an employer in an
eligible position has the option during their transfer period to
make an irrevocable transfer to plan 3 according to the following schedule:
(a) For those members employed by state agencies and
institutes of higher education the transfer period means the
period between March 1, 2002, and September 1, 2002.
(b) For those members employed by other organizations
the transfer period means the period between September 1,
2002, and June 1, 2003.
(c) For those members employed by more than one
employer within the retirement system, and whose transfer
period is different between one employer and another, the
member's transfer period is the last period that is available
from any of that member's employers within the retirement
system.
(3) All service credit in plan 2 shall be transferred to the
defined benefit portion of plan 3.
(4)(a) Anyone who first became a state or higher education member of plan 2 before March 1, 2002, or a local government member of plan 2 before September 1, 2002, who
wishes to transfer to plan 3 after their transfer period may
transfer during the month of January in any following year,
provided that the member earns service credit for that month.
(b) Anyone who chose to become a state or higher education member of plan 2 on or after March 1, 2002, or a local
government member of plan 2 on or after September 1, 2002,
41.40.795
(2004 Ed.)
41.40.801
is prohibited from transferring to plan 3 under (a) of this subsection.
(5) The accumulated contributions in plan 2, less fifty
percent of any contributions made pursuant to RCW
41.50.165(2) shall be transferred to the member's account in
the defined contribution portion established in chapter 41.34
RCW, pursuant to procedures developed by the department
and subject to RCW 41.34.090. Contributions made pursuant
to RCW 41.50.165(2) that are not transferred to the member's
account shall be transferred to the fund created in RCW
41.50.075(3), except that interest earned on all such contributions shall be transferred to the member's account.
(6) Those members employed by state agencies and
institutions of higher education who request to transfer under
this section during their transfer period and establish service
credit for June 2002, and those members employed by other
organizations and who establish service credit for either June
2002 or February 2003, shall have their member account:
(a) If a member's transfer period is that described in subsection (2)(a) of this section, increased by one hundred ten
percent of the transfer basis;
(b) If a member's transfer period is that described in subsection (2)(b) of this section, increased by one hundred
eleven percent of the transfer basis; and
(c) Deposited into the member's individual account on
the additional transfer payment date.
(7) If a member who requests to transfer dies before June
1, 2003, the additional payment provided by this section shall
be paid to the member's estate, or the person or persons, trust,
or organization the member nominated by written designation duly executed and filed with the department.
(8) Anyone previously retired from plan 2 is prohibited
from transferring to plan 3.
(9) The legislature reserves the right to discontinue the
right to transfer under this section and to modify and to discontinue the right to an additional payment under this section
for any plan 2 members who have not previously transferred
to plan 3. [2002 c 159 § 1; 2000 c 247 § 304.]
41.40.801 Application for and effective date of retirement allowances. Any member or beneficiary eligible to
receive a retirement allowance under the provisions of RCW
41.40.820, 41.40.825, or 41.40.835 is eligible to commence
receiving a retirement allowance after having filed written
application with the department.
(1) Retirement allowances paid to members shall accrue
from the first day of the calendar month immediately following such member's separation from employment.
(2) Retirement allowances payable to eligible members
no longer in service, but qualifying for such an allowance
pursuant to RCW 41.40.820 shall accrue from the first day of
the calendar month immediately following such qualification.
(3) Disability allowances paid to disabled members shall
accrue from the first day of the calendar month immediately
following such member's separation from employment for
disability.
(4) Retirement allowances paid as death benefits shall
accrue from the first day of the calendar month immediately
following the member's death. [2003 c 294 § 8; 2000 c 247 §
305.]
41.40.801
[Title 41 RCW—page 243]
41.40.805
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.40.805
41.40.805 Leaves of absence—Military service. (1) A
member who is on a paid leave of absence authorized by a
member's employer shall continue to receive service credit.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member's
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The earnable compensation reported for a member who establishes
service credit under this subsection may not be greater than
the salary paid to the highest paid job class covered by the
collective bargaining agreement.
(3) Except as specified in subsection (4) of this section, a
member shall be eligible to receive a maximum of two years
service credit during a member's entire working career for
those periods when a member is on an unpaid leave of
absence authorized by an employer. Such credit may be
obtained only if:
(a) The member makes the contribution on behalf of the
employer, plus interest, as determined by the department; and
(b) The member makes the employee contribution, plus
interest, as determined by the department, to the defined contribution portion.
The contributions required shall be based on the average
of the member's earnable compensation at both the time the
authorized leave of absence was granted and the time the
member resumed employment.
(4) A member who leaves the employ of an employer to
enter the armed forces of the United States shall be entitled to
retirement system service credit for up to five years of military service if within ninety days of the member's honorable
discharge from the United States armed forces, the member
applies for reemployment with the employer who employed
the member immediately prior to the member entering the
United States armed forces. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed services employment and reemployment
rights act.
The department shall establish the member's service
credit and shall bill the employer for its contribution required
under RCW 41.45.060 and 41.45.067 for the period of military service, plus interest as determined by the department.
Service credit under this subsection may be obtained only if
the member makes the employee contribution to the defined
contribution portion as determined by the department.
The contributions required shall be based on the compensation the member would have earned if not on leave, or
if that cannot be estimated with reasonable certainty, the
compensation reported for the member in the year prior to
when the member went on military leave. [2000 c 247 §
306.]
41.40.811
41.40.811 Purchased service credit—Allocation. (1)
Contributions on behalf of the employer paid by the
employee to purchase plan 3 service credit shall be allocated
to the defined benefit portion of plan 3 and shall not be
[Title 41 RCW—page 244]
refundable when paid to the fund described in RCW
41.50.075(3). Contributions on behalf of the employee shall
be allocated to the member account. If the member fails to
meet the statutory time limitations to purchase plan 3 service
credit, it may be purchased under the provisions of RCW
41.50.165(2). One-half of the purchase payments under
RCW 41.50.165(2), plus interest, shall be allocated to the
member's account.
(2) No purchased plan 3 membership service may be
credited until all payments required of the member are made,
with interest. Upon receipt of all payments owed by the member, the department shall bill the employer for any contributions, plus interest, required to purchase membership service.
[2000 c 247 § 307.]
41.40.815
41.40.815 Lump sum payments—Reentry. (1) The
director may pay a member eligible to receive a retirement
allowance or the member's beneficiary a lump sum payment
in lieu of a monthly benefit if the initial monthly benefit
would be less than one hundred dollars. The one hundred dollar limit shall be increased annually as determined by the
director. The lump sum payment shall be the actuarial equivalent of the monthly benefit.
(2) Persons covered under the provisions of subsection
(1) of this section may upon returning to member status reinstate all previous service by depositing the lump sum payment received, with interest as computed by the director,
within two years of returning to service or prior to retiring
again, whichever comes first. In computing the amount due,
the director shall exclude the accumulated value of the normal payments the member would have received while in beneficiary status if the lump sum payment had not occurred.
(3) Any member who receives a settlement under this
section is deemed to be retired from this system. [2000 c 247
§ 308.]
41.40.820
41.40.820 Retirement eligibility. (1) NORMAL
RETIREMENT. Any member who is at least age sixty-five
and who has:
(a) Completed ten service credit years; or
(b) Completed five service credit years, including twelve
service credit months after attaining age fifty-four; or
(c) Completed five service credit years by the transfer
payment date specified in RCW 41.40.795, under the public
employees' retirement system plan 2 and who transferred to
plan 3 under RCW 41.40.795;
shall be eligible to retire and to receive a retirement allowance computed according to the provisions of RCW
41.40.790.
(2) EARLY RETIREMENT. Any member who has
attained at least age fifty-five and has completed at least ten
years of service shall be eligible to retire and to receive a
retirement allowance computed according to the provisions
of RCW 41.40.790, except that a member retiring pursuant to
this subsection shall have the retirement allowance actuarially reduced to reflect the difference in the number of years
between age at retirement and the attainment of age sixtyfive.
(3) ALTERNATE EARLY RETIREMENT. Any member who has completed at least thirty service credit years and
(2004 Ed.)
Washington Public Employees' Retirement System
has attained age fifty-five shall be eligible to retire and to
receive a retirement allowance computed according to the
provisions of RCW 41.40.790, except that a member retiring
pursuant to this subsection shall have the retirement allowance reduced by three percent per year to reflect the difference in the number of years between age at retirement and the
attainment of age sixty-five. [2000 c 247 § 309.]
41.40.825
41.40.825 Disability allowance—Death of recipient.
(1) A member of the retirement system who becomes totally
incapacitated for continued employment by an employer as
determined by the department shall be eligible to receive an
allowance under the provisions of plan 3. The member shall
receive a monthly disability allowance computed as provided
for in RCW 41.40.790 and shall have this allowance actuarially reduced to reflect the difference in the number of years
between age at disability and the attainment of age sixty-five.
Any member who receives an allowance under the provisions of this section shall be subject to comprehensive medical examinations as required by the department. If these
medical examinations reveal that a member has recovered
from the incapacitating disability and the member is offered
reemployment by an employer at a comparable compensation, the member shall cease to be eligible for the allowance.
(2) If the recipient of a monthly retirement allowance
under this section dies, any further benefit payments shall be
conditioned by the payment option selected by the retiree as
provided in RCW 41.40.845. [2000 c 247 § 310.]
41.40.830
41.40.830 Restored, purchased service credit under
plan 2—Transfer to plan 3. (1) Any member who elects to
transfer to plan 3 and has eligible unrestored withdrawn contributions in plan 2, may restore such contributions under the
provisions of RCW 41.40.740 with interest as determined by
the department. The restored plan 2 service credit will be
automatically transferred to plan 3. Restoration payments
will be transferred to the member account in plan 3. If the
member fails to meet the time limitations of RCW 41.40.740,
they may restore such contributions under the provisions of
RCW 41.50.165(2). The restored plan 2 service credit will be
automatically transferred to plan 3. One-half of the restoration payments under RCW 41.50.165(2) plus interest shall be
allocated to the member's account.
(2) Any member who elects to transfer to plan 3 may
purchase plan 2 service credit under RCW 41.40.740. Purchased plan 2 service credit will be automatically transferred
to plan 3. Contributions on behalf of the employer paid by the
employee shall be allocated to the defined benefit portion of
plan 3 and shall not be refundable when paid to the fund
described in RCW 41.50.075(3). Contributions on behalf of
the employee shall be allocated to the member account. If the
member fails to meet the time limitations of RCW 41.40.740,
they may subsequently restore such contributions under the
provisions of RCW 41.50.165(2). Purchased plan 2 service
credit will be automatically transferred to plan 3. One-half of
the payments under RCW 41.50.165(2), plus interest, shall be
allocated to the member's account. [2000 c 247 § 311.]
41.40.833
41.40.833 Purchase of additional service credit—
Costs—Rules. (Effective July 1, 2006.) (1) A member eli(2004 Ed.)
41.40.840
gible to retire under RCW 41.40.820 (2) or (3) may, at the
time of filing a written application for retirement with the
department, apply to the department to make a one-time purchase of up to five years of additional service credit.
(2) To purchase additional service credit under this section, a member shall pay the actuarial equivalent value of the
resulting increase in the member's benefit.
(3) Subject to rules adopted by the department, a member
purchasing additional service credit under this section may
pay all or part of the cost with a lump sum payment, eligible
rollover, direct rollover, or trustee-to-trustee transfer from an
eligible retirement plan. The department shall adopt rules to
ensure that all lump sum payments, rollovers, and transfers
comply with the requirements of the internal revenue code
and regulations adopted by the internal revenue service. The
rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt
of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax
law.
(4) Additional service credit purchased under this section is not membership service, and may not be used to qualify for retirement under RCW 41.40.820. [2004 c 172 § 2.]
Effective date—2004 c 172: See note following RCW 41.40.713.
41.40.835
41.40.835 Death benefits. (1) If a member dies prior to
retirement, the surviving spouse or eligible child or children
shall receive a retirement allowance computed as provided in
RCW 41.40.790 actuarially reduced to reflect a joint and one
hundred percent survivor option and, except under subsection
(2) of this section, if the member was not eligible for normal
retirement at the date of death a further reduction as described
in RCW 41.40.820.
If the surviving spouse who is receiving the retirement
allowance dies leaving a child or children under the age of
majority, then such child or children shall continue to receive
an allowance in an amount equal to that which was being
received by the surviving spouse, share and share alike, until
such child or children reach the age of majority.
If there is no surviving spouse eligible to receive an
allowance at the time of the member's death, such member's
child or children under the age of majority shall receive an
allowance, share and share alike. The allowance shall be calculated with the assumption that the age of the spouse and
member were equal at the time of the member's death.
(2) A member who is killed in the course of employment,
as determined by the director of the department of labor and
industries, is not subject to an actuarial reduction under RCW
41.40.820. The member's retirement allowance is computed
under RCW 41.40.790. [2003 c 155 § 8; 2000 c 247 § 312.]
Applicability—2003 c 155: See note following RCW 41.32.520.
41.40.840
41.40.840 Postretirement cost-of-living. Beginning
July 1, 1979, and every year thereafter, the department shall
determine the following information for each retired member
or beneficiary whose retirement allowance has been in effect
for at least one year:
(1) The original dollar amount of the retirement allowance;
[Title 41 RCW—page 245]
41.40.845
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(3) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(4) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied
beginning with the July payment. In no event, however, shall
the annual adjustment:
(a) Produce a retirement allowance which is lower than
the original retirement allowance;
(b) Exceed three percent in the initial annual adjustment;
or
(c) Differ from the previous year's annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year's average consumer price index—
Seattle, Washington area for urban wage earners and clerical
workers, all items, compiled by the bureau of labor statistics,
United States department of labor. [2000 c 247 § 313.]
41.40.845 Options for payment of retirement allowances—Court-approved property settlement. (1) Upon
retirement for service as prescribed in RCW 41.40.820 or
retirement for disability under RCW 41.40.825, a member
shall elect to have the retirement allowance paid pursuant to
one of the following options, calculated so as to be actuarially
equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout such
member's life. Upon the death of the member, the member's
benefits shall cease.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member's reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a person nominated by the member by written designation duly executed and filed with the department at the time
of retirement. The options adopted by the department shall
include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor
option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and the member's
spouse do not give written consent to an option under this
section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the
benefit options available under subsection (1) of this section
unless spousal consent is not required as provided in (b) of
this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
41.40.845
[Title 41 RCW—page 246]
(3) No later than July 1, 2002, the department shall adopt
rules that allow a member additional actuarially equivalent
survivor benefit options, and shall include, but are not limited
to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted under this
section and satisfies the conditions of (a)(i) of this subsection
shall have one year to designate their spouse as a survivor
beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(4) No later than July 1, 2003, the department shall adopt
rules to permit:
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who meets the length of
service requirements of RCW 41.40.820(1) and the member's
divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member's benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the age provided in RCW 41.40.820(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (3) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) Any benefit distributed under chapter 41.31A RCW
after the date of the dissolution order creating separate bene(2004 Ed.)
State Employees' Retirement—Federal Social Security
fits for a member and nonmember ex spouse shall be paid
solely to the member.
(d) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2003
c 294 § 9; 2002 c 158 § 14; 2000 c 247 § 314.]
41.41.020
Chapter 41.41 RCW
STATE EMPLOYEES' RETIREMENT—FEDERAL
SOCIAL SECURITY
Chapter 41.41
Sections
41.41.010
41.41.020
41.41.030
41.41.900
Plan for covering members under OASI approved.
Terms and provisions of plan.
Effective date for coverage of members.
Severability—1957 c 222.
41.40.850
41.40.850 Suspension of retirement allowance upon
reemployment—Exception—Reinstatement. (1) Except
as provided in RCW 41.40.037, no retiree under the provisions of plan 3 shall be eligible to receive such retiree's
monthly retirement allowance if he or she is employed in an
eligible position as defined in RCW 41.40.010, 41.32.010, or
41.35.010, or as a law enforcement officer or fire fighter as
defined in RCW 41.26.030, except that a retiree who ends his
or her membership in the retirement system pursuant to RCW
41.40.023(3)(b) is not subject to this section if the retiree's
only employment is as an elective official of a city or town.
(2) If a retiree's benefits have been suspended under this
section, his or her benefits shall be reinstated when the retiree
terminates the employment that caused his or her benefits to
be suspended. Upon reinstatement, the retiree's benefits shall
be actuarially recomputed pursuant to the rules adopted by
the department.
(3) The department shall adopt rules implementing this
section. [2000 c 247 § 315.]
41.40.900
41.40.900 Severability—1977 ex.s. c 295. If any provision of this 1977 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 295 § 24.]
41.40.920
41.40.920 Effective date—1977 ex.s. c 295. This 1977
amendatory act is necessary for the immediate preservation
of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take
effect October 1, 1977. [1977 ex.s. c 295 § 25.]
41.40.930
41.40.930 Benefits not contractual right until March
1, 2002. The benefits provided pursuant to chapter 247,
Laws of 2000 are not provided to employees as a matter of
contractual right prior to March 1, 2002. The legislature
retains the right to alter or abolish these benefits at any time
prior to March 1, 2002. [2000 c 247 § 316.]
41.40.931
41.40.931 Effective dates—2000 c 247. (1) Except for
sections 408 and 901 through 906 of this act, this act takes
effect March 1, 2002.
(2) Section 408 of this act takes effect January 1, 2004.
(3) Sections 901 through 906 of this act take effect September 1, 2000. [2000 c 247 § 1201.]
41.40.932
41.40.932 Subchapter headings not law—2000 c 247.
Subchapter headings in this act are not any part of the law.
[2000 c 247 § 1202.]
(2004 Ed.)
41.41.010
41.41.010 Plan for covering members under OASI
approved. The plan for covering the state employee members of the state employees' retirement system under the old
age and survivorship provisions of Title II of the federal
social security act as amended, required by RCW 41.48.050
as amended by section 5, chapter 4, Laws of the extraordinary
session of 1955, approved by the state employees' retirement
board of the state employees' retirement system on the 1st day
of August, 1955, and approved by the governor of the state of
Washington on the 16th day of August, 1955, is hereby
approved. [1957 c 222 § 1.]
41.41.020
41.41.020 Terms and provisions of plan. The terms
and provisions of the plan are as follows:
(1) Each political subdivision of the state employing
members of the state employees' retirement system, and such
employees, after approval of this plan by its governing body
as provided in RCW 41.48.030(4)(f) and after approval by its
eligible employees through referendum as provided in RCW
41.48.030 (3) and (4), and the state itself as such a subdivision, and its employees, after approval of this plan by the legislature as provided in RCW 41.48.050(d) and RCW
41.48.030(4)(f) and after approval by its eligible employees
through referendum as provided in RCW 41.48.030 (3) and
(4), shall be deemed to have accepted and agreed to be bound
by the following terms and conditions in consideration of
extension of the existing agreement between the secretary of
health, education and welfare and the governor to make the
protection of the federal old age and survivors insurance program available and applicable to such employees.
(2) As used in this plan the terms quoted below shall
have the meanings assigned thereto in this subsection.
"Political subdivision" means any political subdivision,
or instrumentality of one or more such subdivisions, or proprietary enterprise acquired, purchased or originated by one
or more such subdivisions after December, 1950, which
employs members of the state employees' retirement system.
The state, its agencies, instrumentalities and institutions of
higher learning shall be grouped and considered as a single
political subdivision.
"Employee" means any person who is a member of the
state employees' retirement system and is employed by a
political subdivision, except persons serving in policeman's
or fireman's positions and officials compensated on a fee
basis.
"Wages" shall have the meaning given in RCW
41.48.020(1) and section 209 of the social security act (42
U.S.C.A. Sec. 409); and refers to the first four thousand two
hundred dollars paid to any employee in any calendar year.
"State", where not otherwise clearly indicated by the
context, means the commissioner of employment security or
other officer designated by the governor to administer the
[Title 41 RCW—page 247]
41.41.020
Title 41 RCW: Public Employment, Civil Service, and Pensions
plan at the state level for all participating political subdivisions.
(3) The terms and conditions of this plan are intended
and shall be construed to be in conformity with the requirements of the federal social security act as amended and with
the requirements of chapter 41.48 RCW, and particularly
RCW 41.48.050, as amended by chapter 4, Laws of the
extraordinary session of 1955.
(4) The rights and benefits accruing to employees from
membership in the state employees' retirement system shall
in no way be altered or impaired by this plan or by the additional and supplementary OASI coverage which such
employees may receive hereunder. Nothing herein shall be
construed to alter in any way the obligations of any political
subdivision or its employees to the retirement system.
(5) There shall be no additional cost to or involvement of
the state with respect to OASI coverage for state employee
members of the state employees' retirement system until this
plan has been approved by the legislature.
(6) OASI coverage shall be applicable to all services performed by its employees for a political subdivision which has
approved this plan.
(7) Each employee to whom OASI coverage is made
applicable under this plan pursuant to an extension or modification under RCW 41.48.030 of the existing agreement
between the secretary of health, education and welfare and
the governor shall be required to pay into the *OASI contribution fund established by RCW 41.48.060 during the period
of such coverage contributions with respect to his wages in an
amount equal to the employee tax imposed by the federal
insurance contributions act (section 3101, Internal Revenue
Code of 1954), in consideration of the employee's retention in
service by the political subdivision. The subdivision shall
withhold such contributions from the wages paid to the
employee; and shall remit the contributions so withheld in
each calendar quarter to the state for deposit in the *contribution fund not later than the twentieth calendar day of the
month following that quarter.
(8) Each political subdivision shall pay into the *contribution fund with respect to the wages of its employees during
the period of their OASI coverage pursuant to this plan contributions in an amount equal to the employer tax imposed by
the federal insurance contributions act (section 3111, Internal
Revenue Code of 1954), from the fund of the subdivision
from which such employees' wages are paid. The subdivision
shall remit such contributions to the state for deposit in the
*contribution fund on a quarterly basis, not later than the
twentieth calendar day of the month following each calendar
quarter.
(9) If any political subdivision other than that comprising
the state, its agencies, instrumentalities and institutions of
higher learning fails to remit as provided herein employer
contributions or employee contributions, or any part of either,
such delinquent contributions may be recovered with interest
at the rate of six percent per annum by action in a court of
competent jurisdiction against the political subdivision; or
such delinquent contributions may at the request of the governor be deducted from any moneys payable to such subdivision by the state.
(10) Each political subdivision shall be charged with a
share of the cost of administration of this plan by the state, to
[Title 41 RCW—page 248]
be computed as that proportion of the overall cost of administration which its total annual contributions bear to the total
annual contributions paid by all subdivisions on behalf of
employees covered by the plan. The state shall compute the
share of cost allocable to each subdivision and bill the subdivision therefor at the end of each fiscal year. The subdivision
shall within ninety days thereafter remit its share of the cost
to the state for deposit in the general fund of the state.
(11) Each political subdivision shall submit to the state,
through the employment security department, P.O. Box 367,
Olympia, Washington, or such other officer or agency as the
governor may subsequently designate, on forms furnished by
the state, not later than the twentieth calendar day of the
month following the end of each calendar quarter, the following information:
A. The social security account number of each
employee;
B. the name of each employee;
C. the amount of wages subject to contributions as
required hereunder paid to each employee during the quarter;
D. the total amount of wages subject to contributions
paid to all employees during the quarter;
E. the total amount of employee contributions withheld
and remitted for the quarter; and
F. the total amount of employer contributions paid by the
subdivision for the quarter.
(12) Each political subdivision shall furnish in the same
manner as provided in subsection (11), upon reasonable
notice, such other and further reports or information as the
governor may from time to time require. Each subdivision
shall comply with such requirements as the secretary of
health, education and welfare or the governor may from time
to time establish with respect to any or all of the reports or
information which are or may be provided for under subsection (11) or this subsection in order to assure the correctness
and verification thereof.
(13) The governing body of each political subdivision
shall designate an officer of the subdivision to administer
such accounting, reporting and other functions as will be
required for the effective operation of this plan within the
subdivision, as provided herein. The commissioner of
employment security, or such other officer as the governor
may designate, shall perform or supervise those functions
with respect to employees of the subdivision comprising the
state, its agencies, instrumentalities and institutions of higher
learning; and shall serve as the representative of the participating political subdivisions in the administration of this plan
with the secretary of health, education and welfare.
(14) OASI coverage may be made applicable as provided
herein to employees of any political subdivision regardless of
the approval or disapproval of this plan by any other subdivision.
(15) Each political subdivision, with the approval of a
majority of its employees as indicated by vote thereon in conjunction with the referendum to be held pursuant to RCW
41.48.030 (3) and (4), may designate the first day of any
month beginning with January of 1955 as the effective date of
OASI coverage for such employees; except that after January
1, 1958, a subdivision may not so designate an effective date
prior to the first day of the current calendar year.
(2004 Ed.)
Statewide City Employees' Retirement
(16) The governor may terminate the operation of this
plan in its entirety with respect to any political subdivision, in
his discretion, if he finds that the subdivision has failed to
comply substantially with any requirement or provision of
this plan. The plan shall not be so terminated until reasonable
notice and opportunity for hearing thereon have been given to
the subdivision under such conditions, consistent with the
provisions of the social security act, as shall have been established in regulations by the governor. [1957 c 222 § 2.]
*Reviser's note: The "OASI contribution fund" was redesignated the
"OASI contribution account" by 1991 sp.s. c 13 § 112.
41.41.030
41.41.030 Effective date for coverage of members.
The effective date of OASI coverage for state employee
members of the state employees' retirement system shall be
the 1st day of July, 1957; provided the terms and conditions
set forth in RCW 41.48.030(3) have been fulfilled. [1957 c
222 § 3.]
41.44.030
Severability—1947 c 71: "If any provision of this act, or the application thereof to any person or circumstance, is held invalid, such invalidity
shall not affect other provisions or applications of the act which can be given
effect without the provision or application so held invalid, and for such purposes the provisions of this act are declared to be severable." [1947 c 71 §
26.] This applies to RCW 41.44.010 through 41.44.250.
41.44.020 Purpose of chapter. The purpose of this
chapter is to provide for an actuarially sound system for the
payment of annuities and other benefits to officers and
employees and to beneficiaries of officers and employees of
cities and towns thereby enabling such employees to provide
for themselves and their dependents in case of old age, disability and death, and effecting economy and efficiency in the
public service by furnishing an orderly means whereby such
employees who have become aged or otherwise incapacitated
may, without hardship or prejudice, be retired from active
service. [1947 c 71 § 2; Rem. Supp. 1947 § 9592-131.]
41.44.020
41.44.030 Terms defined. As used in this chapter,
unless a different meaning is plainly required by the context:
(1) "Retirement system" means the statewide city
employees retirement system provided for herein.
(2) "City" or "cities" includes town or towns.
(3) "Employee" means any appointive officer or
employee and shall include elective officials to the extent
specified herein.
(4) "Member" means any person included in the membership of the retirement system as provided herein.
(5) "Board" means the "board of trustees" provided for
herein.
(6) "Retirement fund" means "statewide city employees
retirement fund" provided for herein.
(7) "Service" means service rendered to a city for compensation; and for the purpose of this chapter a member shall
be considered as being in service only while he is receiving
compensation from the city for such service or is on leave
granted for service in the armed forces of the United States as
contemplated in RCW 41.44.120.
(8) "Prior service" means the service of a member for
compensation rendered a city prior to the effective date and
shall include service in the armed forces of the United States
to the extent specified herein and service specified in RCW
41.44.120(5).
(9) "Current service" means service after the employee
has become a member of the system.
(10) "Creditable service" means such service as is evidenced by the record of normal contributions, plus prior service as evidenced by prior service certificate.
(11) "Beneficiary" means any person in receipt of a pension, annuity, retirement allowance, disability allowance, or
any other benefit herein.
(12) "Compensation" means the compensation payable
in cash, plus the monetary value, as determined by the board
of trustees, of any allowance in lieu thereof (but for the purposes of this chapter such "compensation" shall not exceed
three hundred dollars per month, except as to those employees of any member city the legislative body of which shall not
later than July 1, 1953, have irrevocably elected by resolution
or ordinance to increase the limitation herein contained,
effective as to all of its employees, from three hundred dollars to four hundred dollars, commencing on said date, or
41.44.030
41.41.900
41.41.900 Severability—1957 c 222. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1957 c 222 § 4.]
Chapter 41.44 RCW
STATEWIDE CITY EMPLOYEES' RETIREMENT
Chapter 41.44
Sections
41.44.010
41.44.020
41.44.030
41.44.040
41.44.050
41.44.060
41.44.070
41.44.080
41.44.090
41.44.100
41.44.105
41.44.110
41.44.120
41.44.130
41.44.140
41.44.150
41.44.160
41.44.170
41.44.180
41.44.190
41.44.200
41.44.210
41.44.220
41.44.230
41.44.240
41.44.250
41.44.260
41.44.270
41.44.300
Title of chapter.
Purpose of chapter.
Terms defined.
System created—Operative date.
Election to participate.
Persons excluded.
Board of trustees.
Powers and duties of board—Compensation—Liability.
Contributions by cities—Withdrawal from system.
Retirement fund—Deposit—Investment—Cost.
Supplemental benefits fund.
Membership.
Prior service credit.
Contributions by employees.
Retirement for service.
Allowance on retirement for service.
Retirement for disability.
Allowance on retirement for disability.
Examination of disability beneficiary—Reentry.
Withdrawal from system—Reentry—Payment on death of
member.
Withdrawal—Procedure as to city's contribution.
Benefit on death in line of duty.
Optional allowance on retirement.
Monthly payments.
Rights immune from legal process—Exceptions.
Suspension of retirement allowance.
Merger of existing or new systems into statewide system—
Contract.
Agreements between board and cities which accept social
security act benefits.
System abolished—Date—Transfer of assets, liabilities and
responsibilities.
Portability of public retirement benefits: Chapter 41.54 RCW.
41.44.010
41.44.010 Title of chapter. This chapter shall be
known and may be cited as the "Statewide City Employees'
Retirement System Law". [1947 c 71 § 1; Rem. Supp. 1947
§ 9592-130.]
(2004 Ed.)
[Title 41 RCW—page 249]
41.44.040
Title 41 RCW: Public Employment, Civil Service, and Pensions
which shall so elect prior to January 1st of any succeeding
year, effective as of January 1st of any such succeeding year,
and as to such employees shall, commencing on the specified
date, not exceed four hundred dollars or an amount equal to
such increased limitation established by such ordinance or
resolution per month): PROVIDED HOWEVER, That the
foregoing limitation shall not apply to uniformed personnel.
(13) "Compensation earnable" means the full rate of
compensation that would be payable to an employee if he
worked the full normal working time (but for the purposes of
this chapter, such "compensation earnable" shall not exceed
three hundred dollars per month, except as to those employees of any member city the legislative body of which shall not
later than July 1, 1953, have irrevocably elected by resolution
or ordinance to increase the limitation herein contained,
effective as to all of its employees, from three hundred dollars to four hundred dollars, commencing on said date, or
which shall so elect prior to January 1st of any succeeding
year, effective as of January 1st of any such succeeding year,
and as to such employees shall, commencing on the specified
date, not exceed four hundred dollars or an amount equal to
such increased limitation established by such ordinance or
resolution per month): PROVIDED, HOWEVER, That the
foregoing limitation shall not apply to uniformed personnel:
PROVIDED FURTHER, That after January 1, 1968 this term
shall mean the full rate of compensation payable to an
employee if he worked the full normal working time.
(14) "Final compensation" means the highest average
annual compensation earnable in any five consecutive years
of actual service rendered during the ten years immediately
preceding retirement, or where the employee has less than
five consecutive years of actual service, the earnable compensation for the last five years preceding his retirement.
(15) "Matching contribution" means the contribution of
the city deposited in an amount equal to the normal contributions of the employee.
(16) "Normal contributions" means the contributions at
the rate provided for in RCW 41.44.130, excluding those
referred to in subsection (6).
(17) "Released matching contributions" means such
"matching contributions" as are no longer held for the benefit
of the employee.
(18) "Regular interest" means interest compounded
annually at such rate as shall have been adopted by the board
of trustees in accordance with the provisions of this chapter.
(19) "Accumulated normal contributions" means the
sum of all normal contributions, deducted from the compensation of a member, standing to the credit of his individual
account, together with regular interest thereon.
(20) "Pension" means payments derived from contributions made by the city as provided herein.
(21) "Annuity" means payments derived from contributions made by a member as provided herein.
(22) "Retirement allowance" means the pension plus
annuity.
(23) "Fiscal year" means any year commencing with January 1st and ending with December 31st next following.
(24) "Miscellaneous personnel" means officers and
employees other than those in the uniformed police or fire
service: PROVIDED, Those members of the fire department
who are ineligible to the benefits of a firemen's pension sys[Title 41 RCW—page 250]
tem established by or pursuant to any other state law, are also
included in the miscellaneous personnel.
(25) "Uniformed personnel" means any employee who is
a policeman in service or who is subject to call to active service or duty as such.
(26) "Effective date" when used with regard to employees means the date on which any individual or group of
employees became members of any retirement system and
when used with regard to any city or town shall mean the date
on which it became a participant.
(27) "Actuarial equivalent" means a benefit of equal
value when computed at regular interest upon the basis of
such mortality tables as shall be adopted by the board of trustees.
(28) "Persons having an insurable interest in his life"
means and includes only such persons who, because of relationship from ties of blood or marriage, have reason to expect
some benefit from the continuation of the life of the member.
(29) "Additional contributions" means contributions
made pursuant to subsection (6) of RCW 41.44.130.
(30) "Accumulated additional contributions" means the
sum of all "additional contributions" made by a member
standing to the credit of the individual account, together with
regular interest thereon.
(31) "Part time employees" means those employees who,
although regularly and continuously employed, do not regularly perform their duties the full number of hours required of
other regular employees, including but not confined to such
employees as police judges, city attorneys and other officers
and employees who are also engaged in outside employment
or occupations.
(32) "Excess interest income" means that interest income
earned and received from investments in excess of the interest income on investments required to meet actuarial funding
requirements. [1967 ex.s. c 28 § 6; 1961 c 227 § 1; 1959 c 70
§ 1; 1953 c 228 § 1; 1951 c 275 § 2; 1947 c 71 § 3; Rem.
Supp. 1947 § 9592-132.]
Purpose—1967 ex.s. c 28: "It is the purpose of this act to provide
amendments to existing legislation relating to the statewide city employees
retirement system to provide for an increase of investment earnings to be
used for costs in purchasing, safekeeping, servicing and handling of securities, to amend the mandatory retirement age of uniformed personnel from
attained age fifty-five to the minimum age for social security benefits, to
change the time required for vested rights from ten years to five years in
accordance with the recommendation of the federal committee on intergovernmental relations and to help meet competition with private industry by
providing additional fringe benefits or an incentive program for city employees to attract and retain competent employees in public service." [1967 ex.s.
c 28 § 1.]
Severability—1967 ex.s. c 28: "If any provision of this 1967 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of this 1967 amendatory act, or the application of the provision to
other persons or circumstances is not affected." [1967 ex.s. c 28 § 8.]
41.44.040
41.44.040 System created—Operative date. A retirement system is hereby authorized for employees of cities,
same to become operative after the requisite city or cities or
combination thereof, have signified their intention to participate in the retirement system and the board has been
appointed and qualified as herein provided. The board may
begin to function, establish an office, employ an actuary and
such other personnel as necessary and undertake the work of
establishing the retirement system but it shall not be required
(2004 Ed.)
Statewide City Employees' Retirement
to undertake such work unless necessary moneys are made
available through negotiated loans or advances from cities or
otherwise.
Whenever cities have notified the governor of election to
join the retirement system to an extent which would place
three hundred or more employees under the system, the governor shall appoint board members as provided herein and the
system so created and established shall be forthwith constituted. The date when the system shall become operative as to
any city shall be fixed by the board. [1947 c 71 § 4; Rem.
Supp. 1947 § 9592-133.]
Reviser's note: Caption for 1947 c 71 § 4 reads as follows: "Sec. 4.
AUTHORIZATION AND CREATION."
41.44.050 Election to participate. Any city or town
may elect to participate in the retirement system established
by this chapter: PROVIDED, That a first class city may
establish or maintain any other retirement system authorized
by any other law or its charter. The manner of election to participate in a retirement system under this chapter shall be as
follows:
(1) The legislative body therein by ordinance making
such election;
(2) Approval by vote of the people of an ordinance initiated by the voters making such election;
(3) Approval by vote of the people of an ordinance making such election referended to the people by the legislative
body.
Any ordinance providing for participation therein may
on petition of the voters be referended to the voters for
approval or disapproval.
The referendum or initiative herein provided for shall be
exercised under the law relating to legislative initiative or referendum of the particular city or town; and if the city or town
be one for which the law does not now provide such initiative
or referendum, it shall be exercised in the manner provided
for legislative initiative and referendum of cities having a
commission form of government under chapter 35.17 RCW,
the city or town council performing the duties and functions
under that law devolving on the commission. A majority vote
in the legislative body or by the electorate shall be sufficient
to carry or reject. Whenever any city or town has elected to
join the retirement system proper authorities in such city [or
town] shall immediately file with the board an application for
participation under the conditions included in this chapter on
a form approved by the board. In such application the city or
town shall agree to make the contributions required of participating cities [or towns] in the manner prescribed herein and
shall state which employee group or groups are to originally
have membership in the system.
In the case of a state association of cities and towns, election to participate shall be by majority vote of the board of
directors of the association. [1994 c 81 § 76; 1971 ex.s. c 271
§ 13; 1947 c 71 § 5; Rem. Supp. 1947 § 9592-134.]
41.44.050
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
41.44.060 Persons excluded. Policemen in first class
cities and all city firemen shall be excluded from the provisions of this chapter, except those employees of the fire
department who are not eligible to the benefits of any firemen's pension system established by or pursuant to state law,
41.44.060
(2004 Ed.)
41.44.080
and who shall be included in the miscellaneous personnel.
[1951 c 275 § 3; 1947 c 71 § 6; Rem. Supp. 1947 § 9592135.]
Firemen's relief and pensions: Chapters 41.16, 41.18 RCW.
Police relief and pensions in first class cities: Chapter 41.20 RCW.
Volunteer fire fighters' relief and pensions: Chapter 41.24 RCW.
41.44.070
41.44.070 Board of trustees. (1) The board of trustees
shall consist of seven members, one of whom shall be the
state insurance commissioner, ex officio; three elective city
officials eligible to the benefits of the system who shall be
appointed by the governor from a list of six city officials submitted by the executive committee of the association of
Washington cities as the official representative of cities and
towns in the state. Original terms of office of the appointees
shall be one, two and three years as designated by the governor; thereafter terms shall be for three years duration.
Appointments to fill vacancies other than those caused by
expiration of a term, shall be for the unexpired term. Appointees shall serve until successors have been appointed and
qualified.
In addition to these four members, there shall be three
city employees who shall be elected by a secret ballot vote of
the city employees who are members of the system. The
method and details of such election shall be determined by
the board of trustees. The first such election shall be held in
June of 1968. The original terms of office for the elected city
employee members shall be one, two and three years as designated by the board of trustees, and such terms shall begin
July 1, 1968; thereafter terms shall be for three years' duration. In the case of vacancies of elected city employee positions the board of trustees shall appoint city employees to
serve for the unexpired terms. Such appointees shall serve
until successors have been elected.
(2) The board shall annually, dating from the first officially recorded meeting, elect a chairman and secretary. Four
members shall constitute a quorum.
(3) Each member of the board shall take an oath of office
that he will diligently and honestly administer the affairs of
the board, and that he will not knowingly violate or wilfully
permit to be violated any of the provisions of this chapter.
[1967 ex.s. c 28 § 7; 1947 c 71 § 7; Rem. Supp. 1947 §
9592-136.]
Purpose—Severability—1967 ex.s. c 28: See notes following RCW
41.44.030.
41.44.080
41.44.080 Powers and duties of board—Compensation—Liability. The administration of the system is hereby
vested in the board of trustees created in RCW 41.44.070 of
this chapter and the board shall:
(1) Keep in convenient form such data as shall be
deemed necessary for actuarial valuation purposes;
(2) From time to time, through its actuary, make an actuarial investigation into the mortality and service experience
of the beneficiaries under this chapter and the various
accounts created for the purpose of showing the financial status of the retirement fund;
(3) Adopt for the retirement system the mortality tables
and such other tables as shall be deemed necessary;
[Title 41 RCW—page 251]
41.44.090
Title 41 RCW: Public Employment, Civil Service, and Pensions
(4) Certify annually the amount of appropriation which
each city shall pay into the retirement fund in the next fiscal
year, at such a time that the local authorities shall have ample
opportunity for including such expense in the budget;
(5) Keep a record of all its proceedings, which shall be
open to inspection by the public;
(6) From time to time adopt such rules and regulations
not inconsistent with this chapter, for the administration of
the provisions of this chapter, for the administration of the
fund created by this chapter and the several accounts thereof,
and for the transaction of the business of the board;
(7) Provide for investment, reinvestment, deposit and
withdrawal of funds;
(8) Prepare and publish annually a financial statement
showing the condition of the fund and the various accounts
thereof, and setting forth such other facts, recommendations
and data as may be of use in the advancement of knowledge
concerning the statewide city employees retirement system,
and furnish a copy thereof to each city which has joined the
retirement system, and to such members as may request copies thereof;
(9) Serve without compensation but shall be reimbursed
for expense incident to service as individual members
thereof;
(10) Determine equitable amount of administrative
expense and death-in-line-of-duty benefit expense to be
borne by each city;
(11) Make available to any city considering participation
in the system, the services of the actuary employed by the
board for the purpose of ascertaining the probable cost of
such participation. The cost of any such calculation or valuation shall be paid by the city requesting same to the retirement system;
(12) Perform such other functions as are required for the
execution of the provisions of this chapter;
(13) No member of the board shall be liable for the negligence, default or failure of any employee or of any other
member of the board to perform the duties of his office and
no member of the board shall be considered or held to be an
insurer of the funds or assets of the retirement system but
shall be liable only for his own personal default or individual
failure to perform his duties as such member and to exercise
reasonable diligence to provide for the safeguarding of the
funds and assets of the system.
(14) Fix the amount of interest to be credited at a rate
which shall be based upon the net annual earnings of the fund
for the preceding twelve-month period and from time to time
make any necessary changes in such rate.
(15) Distribute excess interest income to retired members on a cost of living index basis, as published by the
United States department of health, education and welfare,
applied only to the annuity and current service portion of the
retired members' retirement allowance: PROVIDED, That
such distribution shall not exceed the income earned and
received on open end investments. [1961 c 227 § 2; 1951 c
275 § 4; 1949 c 171 § 1; 1947 c 71 § 8; Rem. Supp. 1949 §
9592-137.]
41.44.090
41.44.090 Contributions by cities—Withdrawal from
system. (1) There shall be paid into the retirement fund by
[Title 41 RCW—page 252]
contributions of each city the amounts necessary to pay the
following:
(a) Contributions equal to those deposited by employees;
(b) Prior service credits at such rate as may be selected;
(c) That part of a retirement allowance necessary to raise
it to a specified minimum;
(d) An equitable share of the administrative costs, all of
which costs are to be paid by the cities;
(e) An equitable share of the cost of the death-in-theline-of-duty benefit, all of which costs are to be paid by the
cities.
Any city having in its employ ten or more employees
who are members of the system may elect to contribute, in
lieu of its contributions set forth in item (a) above, an amount
estimated actuarially necessary to match at retirement the
accumulated normal contributions of those of its members
who will ultimately retire for service or disability; provided
that such election shall be made by resolution or ordinance of
the legislative body of such city and, in order to become
effective for the remainder of the year 1953, shall be made on
or before July 1, 1953, and thereafter any election so made
shall be made prior to January 1, 1954, to become then effective or prior to January 1st of any succeeding year to become
effective on January 1st of such succeeding year.
Any city may, with the approval of the board, further
elect to contribute in lieu of its contributions set forth in items
(b) and (c) above, an amount estimated actuarially, necessary
to amortize over a period of not to exceed thirty years, all liabilities on account of the participation of such a city, which
are not covered by the contributions of its employees, its
funds on hand and its contributions provided for in item (a)
above or the contributions elected to be made in lieu thereof
in cases where such city shall have elected to make said contribution in lieu of the contributions required in said item (a);
provided that such election shall be made by resolution or
ordinance of the legislative body of such city and, in order to
become effective for the remainder of the year 1953, shall be
made on or before July 1, 1953, and thereafter any election so
made shall be made prior to January 1, 1954, to become then
effective or prior to January 1st of any succeeding year to
become effective on January 1st of such succeeding year.
In the event that any city shall be making either of the
lieu contributions as hereinabove set forth, the resulting contributions shall be adjusted to conform with facts and conditions disclosed by each succeeding actuarial valuation.
(2) Payment of the obligation set forth in subsection (1)
of this section may be made in advance or may be paid currently as contributions are received from employees and pensions are paid to retired members: PROVIDED, That the
share of administrative expense and expense of the death-inthe-line-of-duty benefits shall be paid as soon as funds are
available to make such payment and the board shall have the
right to require any city that has withdrawn from the system,
to annually, at the beginning of each calendar year, deposit
and pay in cash an amount estimated by the board to be sufficient to meet the obligation of such city for the ensuing year
to those of its members receiving a retirement allowance.
From time to time each city may apply reserves in payment of
the obligations set forth above as contemplated in RCW
41.44.200.
(2004 Ed.)
Statewide City Employees' Retirement
(3) The board shall furnish each city with an estimate of
the amount necessary to pay the obligations of the city in the
ensuing fiscal year and the city shall provide therefor in its
budget. The board shall cause to be kept an account with each
city, crediting the account with such advances and payments
as are made by the city and debiting the account with such
charges as properly accrue against the city. The board shall
furnish each city with a monthly statement of the amount of
matching contributions, prior service charges and charges for
minimum retirement allowances properly accruing by reason
of payment of retirement allowances and deposit of contributions of members.
(4) Notwithstanding anything to the contrary, the retirement system shall not be liable for the payment of any retirement allowances or other benefits on account of the employees or retired members of any city under this chapter, for
which reserves or guarantees have not been properly set up
by such city or its employees to pay such retirement allowances or other benefits: PROVIDED, That nothing herein
contained shall be so construed to prevent the establishment
of a reserve account for annuities and pensions in which shall
be placed at the time of retirement of any member the balances of the retiring member's contribution and the city's
matching funds for such member and from which account all
annuities and current service pensions shall be paid.
(5) Any city may, by majority vote of its electors, withdraw from participation in the retirement system two years
after giving written notice to the board of such action by the
electorate. It is hereby specifically provided, however, that
the city's obligation to those members receiving or eligible to
a retirement allowance prior to such termination of participation shall continue in full force and effect as provided in this
chapter. Members not receiving or being eligible to a retirement allowance at time of such termination shall be paid their
accumulated contributions on demand. Should it develop that
any such city is entitled to a refund such refund shall be made
within one year following demand of city entitled thereto.
[1953 c 228 § 2; 1951 c 275 § 5; 1949 c 171 § 2; 1947 c 71 §
9; Rem. Supp. 1949 § 9592-138.]
41.44.100
41.44.100 Retirement fund—Deposit—Investment—
Cost. (1) A fund is hereby created and established to be
known as the "statewide city employees retirement fund,"
and shall consist of all moneys paid into it in accordance with
the provisions of this chapter, whether such moneys shall
take the form of cash, securities, or other assets: PROVIDED, That such assets shall be public funds to the extent
necessary to authorize any bank to deposit such collateral
security necessary and required under the laws of the state to
secure the deposit of public funds belonging to a city.
(2) The board of trustees shall be the custodian of the
retirement fund and shall arrange for the safekeeping thereof.
Subject to such provisions as may be prescribed by law for
the deposit of city funds in banks, cash belonging to the
retirement fund may be deposited in any licensed national
bank or banks in the state, or in any bank, banks or corporations authorized or licensed to do a banking business and
organized under the laws of the state of Washington; and may
be withdrawn on order of the board for the purpose of making
such payments as are authorized and required by this chapter.
(2004 Ed.)
41.44.100
(3) The board may invest pension fund moneys in such
securities of the United States, states, Dominion of Canada,
public housing authorities, municipal corporations and other
public bodies, as are designated by the laws of the state as
lawful investments for the funds of mutual savings banks,
and to invest not to exceed twenty-five percent of the system's total investments in the securities of any corporations or
public utility bodies as are designated by the laws of the state
as lawful investments for the funds of mutual savings banks:
PROVIDED, That not more than five percent of the system's
total investments may be made in the securities of any one of
such corporations or public utility bodies.
(4) Subject to the limitations hereinafter provided,
investment of pension funds may also be made in amounts
not to exceed twenty-five percent of the system's total investments in the shares of certain open-end investment companies: PROVIDED, That not more than five percent of the
system's total investments may be made in the shares of any
one such open-end investment company. The total amount
invested in any one company shall not exceed five percent of
the assets of such company, and shall only be made in the
shares of such companies as are registered as "open-end companies" under the federal investment company act of 1940, as
amended. Such company must be at least ten years old and
have net assets of at least five million dollars. It must have no
outstanding bonds, debentures, notes, or other evidences of
indebtedness, or any stock having priority over the shares
being purchased, either as to distribution of assets or payment
of dividends. It must have paid dividends from investment
income in each of the ten years next preceding purchase. The
maximum selling commission on its shares may not exceed
seven and one-half percent of the sum of the asset value plus
such commission.
(5) Investment of pension funds may also be made in the
bonds of any municipal corporation or other public body of
the state; and in any of the bonds or warrants, including local
improvement bonds or warrants within the protection of the
local improvement guaranty fund law, issued by any city or
town which is a member of the system. Investment of pension
funds may also be made in the bonds or other obligations of
any other state or territory of the United States or of any political subdivision, agency or instrumentality of any such state,
territory, or political subdivision thereof.
Investment of pension funds may also be made in bonds
or other obligations insured or guaranteed or which are covered by a repurchase agreement in whole or in part by the federal government or through any corporation, administrator,
agency or instrumentality which is or hereafter may be created by the federal government.
(6) In order to provide for an equitable apportionment of
the cost of the making and handling of the system's investments, the board may charge against the annual earnings
from the system's investments, including income from the
same and gains realized from the purchase and sale of its
securities, a portion of such earnings computed on the book
value of the investments held by the system at the end of its
fiscal year, for the purpose of paying the cost of purchasing,
safekeeping, servicing and handling its securities: PROVIDED, That such portion shall not exceed one-half of one
percent of such value and shall not exceed the net gain from
the operations for the year: PROVIDED FURTHER, That
[Title 41 RCW—page 253]
41.44.105
Title 41 RCW: Public Employment, Civil Service, and Pensions
such charge shall not be considered as an administrative
expense payable solely by the cities. [1967 ex.s. c 28 § 3;
1965 ex.s. c 99 § 1; 1957 c 158 § 1; 1953 c 228 § 3; 1951 c
275 § 6; 1949 c 171 § 3; 1947 c 71 § 10; Rem. Supp. 1949 §
9592-139.]
Purpose—Severability—1967 ex.s. c 28: See notes following RCW
41.44.030.
41.44.105
41.44.105 Supplemental benefits fund. (1) The board
of trustees shall establish, in addition to the several benefits
provided for, an additional and separate fund to be known as
the "supplemental benefits fund" to provide for the payment
of supplemental benefits, as hereinafter provided for employees of municipalities electing to participate in said fund.
(2) Any municipality which has elected to participate in
this retirement system may elect to have the employees of the
municipality participate in and be covered by the supplemental benefits fund. Such election is authorized to be made in
any manner authorized by RCW 41.44.050, as now or hereafter amended, as it relates to participation in the system.
(3) A municipality which once elects to participate in the
supplemental benefits fund shall never discontinue participation in the fund as to members who are covered in the fund.
(4) Membership in the fund shall be terminated by cessation of membership in the system.
(5) Each municipality which elects to participate in the
supplemental benefits fund shall contribute to that fund, in
addition to normal contributions and prior service contributions as required, such additional percentage of each payment
of earnings as may be fixed by the board, on recommendation
of the actuary, as necessary to accumulate the reserves
needed to pay the anticipated benefit: PROVIDED, That the
rate of contribution to the supplemental benefits fund shall be
on the full compensation of the member.
(6) The supplemental benefit for covered employees
shall be an allowance not to exceed fifteen percent of average
final compensation payable at the time of retirement.
(7) Should the service of a member be discontinued by
other than death or retirement, the benefits and privileges as
provided by RCW 41.44.190 as now or hereafter amended,
shall apply.
(8) A municipality which elects to participate in the supplemental benefits fund shall provide such benefits for all
members employed by such city. [1967 ex.s. c 28 § 2.]
Purpose—Severability—1967 ex.s. c 28: See notes following RCW
41.44.030.
41.44.110
41.44.110 Membership. (1) Subject to subsection (2)
of this section, membership of this retirement system shall be
composed of the following groups of employees in any participating city or cities:
(a) Miscellaneous personnel as defined in this chapter;
(b) Uniformed personnel as defined in this chapter;
(c) Elective officials, who shall have the right to membership in this retirement system upon filing written notice of
such election with the board of trustees;
(d) Employees of the retirement system itself shall be
entitled to membership and any costs in connection with such
membership shall be a part of the cost of administration.
(e) Employees of any state association of cities and
towns shall be entitled to membership, upon election to par[Title 41 RCW—page 254]
ticipate made by the board of directors pursuant to RCW
41.44.050, and any costs in connection with such membership which would be borne by a city in the case of employees
of a city shall be borne by the association.
(2) Any city may, when electing to participate in this
retirement system in the manner set forth in RCW 41.44.050,
include any one group or combination of the groups mentioned in subsection (1) of this section. For an initial period
not to exceed one year from the effective date of any city's
entry into this system, if so provided at the time of its election
to participate, only a majority of the employees of any group
or combination of groups must be members of the system.
At all times subsequent to the effective date of the city's
entry into this system, or at all times after expiration of such
initial period, if such initial period is established at the time of
the city's election to participate, all employees of any group
or combination of groups must be included or excluded as
members of this system. Groups (c) and (d) shall be considered as being composed of miscellaneous personnel as far as
benefits and obligations are concerned except when the contrary is clearly indicated.
(3) Subject to subsection (2) of this section, membership
in the retirement system shall be compulsory for all employees in groups (a) and (b), after qualification as provided in
subsection (4) of this section.
(4) Subject to subsection (2) of this section, all employees in city service, on the effective date, or on June 9, 1949,
or on expiration of the initial period therein provided if they
have completed six consecutive months' service or six
months' service in any calendar year prior to the expiration of
such initial period, shall be members of the system, provided
that such employees who are not regular full time employees
and are earning less than one hundred dollars per month, or
are part time employees serving in an official or special
capacity may with the acquiescence of the legislative body of
the city or town in which they are employed, elect on or
before January 1, 1950, to discontinue membership by giving
written notice of such election to the board. All other regular
employees earning more than one hundred dollars per month
shall become members upon the completion of six consecutive months' service or six months' service in any calendar
year. Any employee otherwise eligible, employed in a permanent position, may elect in writing to become a member of the
system at any time during the initial period, or at any time
prior to completing such six months' service. Such individual
employees other than regular employees, who are earning
less than one hundred dollars per month or who are serving in
an official or special capacity may elect to become members
with the acquiescence of the legislative body of the city or
town in which they are employed upon the completion of six
months of consecutive service or six months' service in any
calendar year.
(5) It shall be the duty of the proper persons in each city
to immediately report to the board routine changes in the status of personnel and to immediately furnish such other information regarding the employment of members as the board
may from time to time require.
(6) Should any member withdraw more than one-quarter
of his accumulated contributions, or should he die or be
retired, he shall thereupon cease to be a member.
(2004 Ed.)
Statewide City Employees' Retirement
(7) Transfer of any employee from one city to another
shall not cause the employee to lose membership in the system providing the city to which he transfers participates in the
retirement system created herein. [1971 ex.s. c 271 § 14;
1965 ex.s. c 99 § 2; 1961 c 227 § 3; 1953 c 228 § 4; 1951 c
275 § 7; 1949 c 171 § 4; 1947 c 71 § 11; Rem. Supp. 1949 §
9592-140.]
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
55
56
57
58
59
60
61
62
Age
45
46
47
48
49
50
51
52
53
54
(2004 Ed.)
Miscellaneous Personnel
Percent of Full Prior Service Allowable
Male
Female
Factor
Age
.....
65.48
45
.....
.....
66.86
46
.....
.....
68.29
47
.....
.....
69.77
48
.....
.....
71.28
49
.....
.....
72.82
50
.....
.....
74.43
51
.....
.....
76.13
52
.....
.....
77.93
53
.....
.....
79.84
54
.....
Factor
66.78
67.91
69.09
70.34
71.67
73.10
74.71
76.41
78.21
80.11
81.86
84.00
86.28
88.69
91.26
94.00
96.90
100.00
55
56
57
58
59
60
61
62
.....
.....
.....
.....
.....
.....
.....
.....
82.12
84.24
86.50
88.89
91.42
94.11
96.96
100.00
Percent of Full Prior Service Allowable
Uniformed Personnel
41.44.120
41.44.120 Prior service credit. (1) Subject to subsections (4) and (5) of this section the following members shall
be entitled to prior service credit:
(a) Each member in service on the effective date.
(b) Each member entering after the effective date if such
entry is within one year after rendering service prior to the
effective date.
(c) Each member entering in accordance with the provisions and subject to the conditions and limitations prescribed
in subsection (5) of this section.
As soon as practicable, the board shall issue to each
member entitled to prior service credit a certificate certifying
the aggregate length of service rendered prior to the effective
date. Such certificate shall be final and conclusive as to his
prior service unless hereafter modified by the board, upon
application of the member.
(2) Each city joining the system shall have the privilege
of selecting the rate at which prior service pensions shall be
calculated for its employees and may select any one of the
three rates set forth below:
(a) 1.33% of final compensation multiplied by the number of years of prior service credited to the member. This rate
may be referred to as "full prior service credit."
(b) 1.00% of final compensation multiplied by the number of years of prior service credited to the member. This rate
may be referred to as "full [three-fourths] prior service
credit."
(c) .667% of final compensation multiplied by the number of years of prior service credited to the member. This rate
may be referred to as "one-half prior service credit."
(3) The above rates shall apply at the age of sixty-two or
over for members included in the miscellaneous personnel
and at age sixty or over for members in the uniformed personnel: PROVIDED, That if a member shall retire before attaining either of the ages above referred to, the total prior service
pension shall be reduced to the percentages computed and
established in accordance with the following tables, to wit:
.....
.....
.....
.....
.....
.....
.....
.....
41.44.120
Age
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
...............................
Factor
69.66
71.13
72.65
74.22
75.83
77.47
79.18
80.99
82.91
84.93
87.09
89.37
91.79
94.36
97.09
100.00
(4) If sickness, injury or service in the armed forces of
the United States during the national emergency identified
with World War I or World War II and/or service in the
armed forces of the United States of America for extended
active duty by any employee who shall have been regularly
granted a leave of absence from the city service by reason
thereof, prevents any regular employee from being in service
on the effective date, the board shall grant prior service credit
to such person when he is again employed. The legislative
authority in each participating city shall specify the amount
of prior service to be granted or current service credit to be
made available to such employees: PROVIDED, That in no
case shall such service credit exceed five years. Certificate of
honorable discharge from or documentary evidence of such
service shall be submitted to the board before any such credit
may be granted or made available. Prior or current service
rates, or both, for such employees shall not exceed the rates
established for fellow employees.
(5) There shall be granted to any person who was an
employee of a private enterprise or a portion thereof which
shall be hereafter acquired by a city as a matter of public convenience or necessity, where it is in the public interest to
retain the trained personnel of such enterprise or portion
thereof, credit for prior service for the period such person was
actually employed by such private enterprise, except that this
shall apply only to those persons who shall be employees of
such enterprise or portion thereof at the time of its acquisition
by the city and who remain in the service of such city until the
effective date of membership of such person under this chapter.
There shall be granted to any person who was an
employee of any state association of cities and towns, which
[Title 41 RCW—page 255]
41.44.130
Title 41 RCW: Public Employment, Civil Service, and Pensions
association elects to participate in the retirement system
established by this chapter, credit for prior service for the
period such person was actually employed by such association, except that this shall apply only to those persons who
shall be employees of such association on May 21, 1971.
Credit for such prior service shall be given only if payment for the additional cost of including such service has
been made or if payment of such additional cost or reimbursement therefor has been otherwise provided for to the
satisfaction of the board or if such person be entitled to any
private pension or retirement benefits as a result of such service with such private enterprise, credit will be given only if
he agrees at the time of his employment by the municipality
to accept a reduction in the payment of any benefits payable
under this chapter that are based in whole or in part on such
added and accredited service by the amount of these private
pension or retirement benefits received. The conditions and
limitations provided for in this subsection (5) shall be embodied in any certificate of prior service issued or granted by the
board where any portion of the prior service credited under
this subsection is included therein.
The city may receive payments for these purposes from
a third party and shall make from such payments contributions with respect to such prior service as may be necessary to
enable the fund to assume its obligations. [1971 ex.s. c 271 §
15; 1959 c 70 § 2; 1957 c 158 § 2; 1951 c 275 § 8; 1947 c 71
§ 12; Rem. Supp. 1947 § 9592-141.]
Reviser's note: In subsection (2)(b), the word "full" was substituted for
"three-fourths" in the 1971 amendatory act [1971 ex.s. c 271], but the change
was not indicated by deletion and addition marks.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.
41.44.130
41.44.130 Contributions by employees. (1) The normal rates of contribution of members shall be based on sex
and age at time of entry into the system, which age shall be
the age at the birthday nearest the date of such entry.
(2) The normal rates of contribution for miscellaneous
personnel shall be so fixed as to provide an annuity which,
together with the pension provided by the city, shall produce
as nearly as may be, a retirement allowance at the age of
sixty-two years, of one and one-third percent of the final
compensation multiplied by the number of years of service of
the retiring employee. The normal rate established for age
sixty shall be the rate for any member who has attained a
greater age before entrance into the retirement system and the
normal contribution established for age twenty-four shall be
the rate for any member who enters the system at an earlier
age.
(3) The normal rates of contribution for uniformed personnel shall be so fixed as to provide an annuity which,
together with the pension that would be derived from equal
contributions by the city, shall produce as nearly as may be
for members who enter service at age thirty-seven or below,
a retirement allowance, at age fifty-five with twenty-five or
more years of service, or at an age greater than fifty-five after
twenty-five years of service, equal to fifty percent of final
compensation; and for members entering service at ages over
thirty-seven, a retirement allowance at age sixty-two which
shall be the same proportion of fifty percent of final compensation as the member's actual years credited bear to twentyfive years. The normal rate established for age fifty shall be
[Title 41 RCW—page 256]
the rate for any member who has attained a greater age before
entrance into the retirement system.
(4) Subject to the provisions of this chapter, the board
shall adopt rules and regulations governing the making of
deductions from the compensation of employees and shall
certify to the proper officials in each city the normal rate of
contribution for each member provided for in subsections (2)
and (3) of this section. The proper officials in each city shall
apply such rate of contribution to the full compensation of
uniformed personnel and to so much of the compensation of
miscellaneous personnel as does not exceed three hundred
dollars per month, or four hundred dollars per month, or to
any increased amount of such compensation as to members
whose member cities have duly elected to increase the limitation provided for in subsection (12) of RCW 41.44.030 and
shall certify to the board on each and every payroll the total
amount to be contributed and shall furnish immediately to the
board a copy of each and every payroll; and each of said
amounts shall be forwarded immediately to the board and the
board shall credit the deduction shown on such payroll to
individual accounts of the members represented on such payrolls.
(5) Every member shall be deemed to consent and agree
to the contribution made and provided for herein, and shall
receipt in full for his salary or compensation. Payment less
said contributions shall be a full and complete discharge of all
claims and demands whatsoever for the service rendered by
such person during the period covered by such payment,
except his claim to the benefits to which he may be entitled
under the provisions of this chapter.
(6) Any member may elect to contribute in excess of the
contributions provided for in this section in accordance with
rules to be established by the board for the purpose of providing additional benefits, but the exercise of this privilege shall
not place on the member city or cities any additional financial
obligation. The board shall have authority to fix the rate of
interest to be paid or allowed upon the additional contributions and from time to time make any necessary changes in
said rate. Refunds of additional contributions shall be governed by the same rules as those covering normal contributions unless the board shall establish separate rules therefor.
[1965 ex.s. c 99 § 3; 1961 c 227 § 4; 1957 c 158 § 3; 1951 c
275 § 9; 1947 c 71 § 13; Rem. Supp. 1947 § 9592-142.]
41.44.140
41.44.140 Retirement for service. Retirement of a
member for service shall be made by the board as follows:
(1) Each member included in the miscellaneous personnel in service on the effective date, who, on or before such
effective date, has attained the age of sixty-five years or over
shall be compulsorily retired forthwith: PROVIDED, That
there shall be no compulsory retirements for a period of two
years immediately following the effective date, but any member having attained the age of sixty-five may voluntarily
retire at any time after attaining such age. Members included
in the miscellaneous personnel attaining age sixty-five after
effective date shall be retired on the first day of the calendar
month next succeeding the month in which the member shall
have attained sixty-five, but none of such members shall be
subject to compulsory retirement until two years after the
effective date. The legislative authority of the city shall have
the privilege at all times of extending time for retirement of
(2004 Ed.)
Statewide City Employees' Retirement
any such member to his attainment of any age not exceeding
age seventy: PROVIDED, That any such extension shall not
increase the retirement age of such member in excess of one
year at a time.
(2) Any member included in the miscellaneous personnel may retire by filing with the board a written application
duly attested, setting forth on what date he desires to be
retired, such application to be made at least thirty days prior
to date of retirement: PROVIDED, That said member, at the
time specified for his retirement, shall have attained the age
of sixty years, or shall have thirty years of creditable service
regardless of attained age: PROVIDED FURTHER, That
during the two years immediately following the effective date
voluntary service retirement of such members under sixtytwo years of age shall not be granted.
(3) Each member included in the uniformed personnel in
service on the effective date who on or before such effective
date has attained the minimum age for social security benefits
shall be compulsorily retired forthwith: PROVIDED, That
there shall be no compulsory service retirements for a period
of two years immediately following the effective date, but
any such member having attained the minimum age for social
security benefits may voluntarily retire at any time after
attaining such age. Members included in the uniformed personnel attaining the minimum age for social security benefits
after the effective date shall be retired on the first day of the
calendar month next succeeding the month in which the
members shall have attained the minimum age for social
security benefits, but none of such members shall be subject
to compulsory retirement until two years after the effective
date. The legislative authority shall have the privilege at all
times of extending time for retirement of any such member:
PROVIDED, That any such extension shall not increase the
retirement age of such member in excess of one year at a
time.
(4) Any member included in the uniformed personnel
may retire by filing with the board a written application duly
attested, setting forth on what date he desires to be retired,
such application to be made at least thirty days prior to date
of retirement: PROVIDED, That said members, at the time
specified for retirement, shall have twenty-five years of creditable service regardless of age, or shall have attained the age
of fifty-five years regardless of years of creditable service:
PROVIDED FURTHER, That during the two years immediately following the effective date voluntary service retirement of such members under the minimum age for social
security benefits shall not be granted.
(5) After the retirement of any employee, any member
city, by unanimous vote of its legislative body and with the
consent of the board, may reemploy or retain such employee
in its service to fill a supervisory or key position. [1967 ex.s.
c 28 § 4; 1965 ex.s. c 99 § 4; 1961 c 227 § 5; 1953 c 228 § 5;
1951 c 275 § 10; 1947 c 71 § 14; Rem. Supp. 1947 § 9592143.]
Purpose—Severability—1967 ex.s. c 28: See notes following RCW
41.44.030.
41.44.150
41.44.150 Allowance on retirement for service. (1) A
member upon retirement for service, shall receive a retirement allowance subject to the provisions of subsection (2) of
this section, which shall consist of:
(2004 Ed.)
41.44.150
(a) An annuity which shall be the actuarial equivalent of
his accumulated normal contributions at the time of his retirement; and
(b) A pension provided by the contributions of the city,
equal to the annuity purchased by the accumulated normal
contributions of the member;
(c) For any member having credit for prior service an
additional pension, provided by the contributions of the city,
as set forth in RCW 41.44.120 at the rate selected by the city
employing the member;
(d) Any member, excepting a part time employee, who
has ten or more years of creditable service and who is retired
by reason of attaining the age of sixty-five or over if included
in the miscellaneous personnel or the age of fifty-five or over
if included in the uniformed personnel, and whose retirement
allowance is calculated to be less than sixty dollars per
month, shall receive such additional pension, provided by the
contributions of the city, as will make his total retirement
allowance equal to sixty dollars per month. An annuity purchased by accumulated additional contributions in such case
shall be paid in addition to the minimum guaranteed as herein
provided. A part time employee having ten or more years of
creditable service, retired by reason of attaining the ages in
this subdivision specified and whose retirement allowance is
calculated to be less than forty dollars per month, shall
receive such additional pension, provided by the contributions of the city, as will make the total retirement allowance
equal to forty dollars per month, together with an annuity
purchased by his accumulated additional contributions, if
any, in addition to the minimum guaranteed.
Nothing herein contained shall be construed in a manner
to increase or to decrease any pension being paid or to be paid
to a member retired prior to June 11, 1953.
(e) Any member, excepting a part time employee, who
has been or is retired by reason of attaining the age of sixtyfive or over if included in the miscellaneous personnel or the
age of fifty-five or over if included in the uniformed personnel, and whose retirement allowance is calculated to be less
than sixty dollars per month, shall receive such additional
pension, provided by the contributions of the city, as will
make his total retirement allowance equal to six dollars per
month for each year of his creditable service: PROVIDED,
That the total additional retirement allowance shall be limited
to an amount equal to such amount as will make his total
retirement allowance not more than sixty dollars per month.
An annuity purchased by accumulated additional contributions, if any, in such case shall be paid in addition to the minimum guaranteed, as herein provided.
Nothing herein contained shall be construed in a manner
to increase or to decrease any pension being paid or to be paid
to a member retired prior to June 11, 1953.
(f) The normal retirement age for uniformed personnel
shall be age fifty-five with twenty-five years of creditable
service, or shall be at an age greater than age fifty-five upon
the completion of twenty-five years or more of creditable service. Upon retirement at the normal age, the retirement
allowance shall be equal to fifty percent of final compensation. If retirement occurs at an age other than the normal age,
the retirement allowance shall be the same proportion of fifty
percent of final compensation as the member's actual years of
service bears to the years of service that were or would have
[Title 41 RCW—page 257]
41.44.160
Title 41 RCW: Public Employment, Civil Service, and Pensions
been served up to the normal retirement age: PROVIDED,
That if retirement occurs prior to the normal age of retirement, said allowance shall be the actuarial equivalent of said
allowance at the normal age of retirement.
Nothing herein contained shall be construed in a manner
to increase or to decrease any pension being paid or to be paid
to a member retired prior to August 6, 1965.
(2) If the retirement allowance of the member as provided in this section, is in excess of three-fourths of his final
compensation, the pension of the member, purchased by the
contributions of the city, shall be reduced to such an amount
as shall make the member's retirement allowance equal to
three-fourths of his final compensation, except as provided in
subdivision (3) of this section.
(3) A member, upon retirement from service, shall
receive in addition to the retirement allowance provided in
this section, an additional annuity which shall be the actuarial
equivalent of any accumulated additional contributions
which he has to his credit at the time of his retirement. [1965
ex.s. c 99 § 5; 1961 c 227 § 6; 1957 c 158 § 4; 1953 c 228 §
6; 1951 c 275 § 11; 1949 c 171 § 5; 1947 c 71 § 15; Rem.
Supp. 1949 § 9592-144.]
41.44.160
41.44.160 Retirement for disability. Any member
who has at least ten years of creditable service within the fifteen years immediately preceding retirement and has not
attained the age of sixty-five years, or who attains or has
attained the age of sixty-five years prior to two years after the
effective date, may be retired by the board for permanent and
total disability, either ordinary or accidental not incurred in
line of duty, and any member, regardless of his age or years
of service, may be retired by the board for any permanent and
total disability incurred in line of duty, upon examination as
follows:
Any member while in service, or while physically or
mentally incapacitated for the performance of duty, if such
incapacity has been continuous from discontinuance of city
service, shall be examined by such medical authority as the
board shall employ, upon the application of the head of the
office or department in which the member is employed with
approval of the legislative body, or upon application of said
member, or a person acting in his behalf, stating that said
member is permanently and totally incapacitated, either
physically or mentally, for the performance of duty and ought
to be retired. If examination shows, to the satisfaction of the
board, that the member should be retired, he shall be retired
forthwith: PROVIDED, That no such application shall be
considered or granted upon the application of a member
unless said member or someone in his behalf, in case of the
incapacity of a member, shall have filed the application
within a period of one year from and after the discontinuance
of service of said member: PROVIDED, The board shall
retire the said member for disability forthwith: PROVIDED,
That the disability retirement allowance shall be effective on
the first of the month following that in which the member last
received salary or wages in city service.
The board shall secure such medical services and advice
as it may deem necessary to carry out the purpose of this section and RCW 41.44.180. [1965 ex.s. c 99 § 6; 1951 c 275 §
12; 1949 c 171 § 6; 1947 c 71 § 16; Rem. Supp. 1947 § 9592145.]
[Title 41 RCW—page 258]
41.44.170
41.44.170 Allowance on retirement for disability. On
retirement for permanent and total disability not incurred in
line of duty a member shall receive a retirement allowance
which shall consist of:
(1) An annuity which shall be the actuarial equivalent of
his accumulated normal contributions; and
(2) A pension provided by the contributions of the city
which, together with his annuity provided by his accumulated
normal contributions, shall make his retirement allowance
equal to thirty percent of his final compensation for the first
ten years of service, which allowance shall be increased by
one and one-half percent for each year of service in excess of
ten years to a maximum of fifty percent of his final compensation; otherwise he shall receive a retirement allowance of
forty dollars per month or, except as to a part time employee,
such sum, monthly, not in excess of sixty dollars per month,
as is equal to six dollars per month for each year of his creditable service, whichever is greater. If the retirement allowance of a part time employee, based upon the pension hereinabove provided, does not exceed forty dollars per month,
then such part time employee shall receive a retirement
allowance of forty dollars per month and no more.
Nothing herein contained shall be construed in a manner
to increase or to decrease any pension being paid or to be paid
to a member retired prior to August 6, 1965.
(3) If it appears to the satisfaction of the board that permanent and total disability was incurred in line of duty, a
member shall receive in lieu of the retirement allowance provided under subdivisions (1) and (2) of this section full pay
from, and be furnished all hospital and medical care by, the
city for a period of six months from the date of his disability,
and commencing at the expiration of such six month period,
shall receive a retirement allowance, regardless of his age or
years of service, equal to fifty percent of his final compensation exclusive of any other benefit he may receive.
(4) No disability retirement allowance shall exceed seventy-five percent of final compensation, anything herein to
the contrary notwithstanding, except as provided in subdivision (7) of this section.
(5) Upon the death of a member while in receipt of a disability retirement allowance, his accumulated contributions,
as they were at the date of his retirement, less any annuity
payments made to him, shall be paid to his estate, or to such
persons having an insurable interest in his life as he shall
have nominated by written designation duly executed and
filed with the board. In the alternative, if there be a surviving
spouse, or if no surviving spouse, there are surviving a child
or children under the age of eighteen years, upon written
notice to the board by such spouse, or if there be no such
spouse, by the duly appointed, qualified and acting guardian
of such child or children, within sixty days of the date of such
member's death, there shall be paid to such spouse during his
or her lifetime, or, if there be no such spouse, to such child or
children, until they shall reach the age of eighteen years, a
monthly pension equal to one-half of the monthly final compensation of such deceased member. If any such spouse or
child or children shall marry, then such person so marrying
shall thereafter receive no further pension herein provided.
(6) If disability is due to intemperance, wilful misconduct, or violation of law, on the part of the member, the
board, in its discretion, may pay to said member, in one lump
(2004 Ed.)
Statewide City Employees' Retirement
sum his accumulated contribution, in lieu of a retirement
allowance, and such payment shall constitute full satisfaction
of all obligations of the city to such member.
(7) In addition to the annuity and pension provided for in
subdivisions (1) and (2) of this section, a member shall
receive an annuity which shall be the actuarial equivalent of
his accumulated additional contributions. [1973 1st ex.s. c
154 § 78; 1965 ex.s. c 99 § 7; 1961 c 227 § 7; 1957 c 158 § 5;
1953 c 228 § 7; 1951 c 275 § 13; 1947 c 71 § 17; Rem. Supp.
1947 § 9592-146.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
41.44.190
further alter his retirement allowance as indicated above.
When said disability beneficiary reaches age sixty-two, if
included in the miscellaneous personnel, or age fifty-five, in
the uniformed personnel, his retirement allowance shall be
made equal to the amount upon which he was originally
retired, and shall not again be modified for any cause except
as provided in RCW 41.44.250.
(5) Should the retirement allowance of any disability
beneficiary be canceled for any cause other than reentrance
into city service, he shall be paid his accumulated contributions, less annuity payments made to him. [1961 c 227 § 8;
1947 c 71 § 18; Rem. Supp. 1947 § 9592-147.]
41.44.180
41.44.180 Examination of disability beneficiary—
Reentry. (1) The board may, at its pleasure, require any disability beneficiary under age sixty-two in the miscellaneous
personnel and under age fifty-five in the uniformed personnel
to undergo medical examination by medical authority designated by the board. Upon the basis of such examination the
board shall determine whether such disability beneficiary is
still totally and permanently incapacitated, either physically
or mentally, for service in the office or department of the city
where he was employed or in any other position in that city,
the duties of which he might reasonably be expected to carry
out.
(2) If the board shall determine that the beneficiary is not
so incapacitated his retirement allowance shall be canceled
and he shall be reinstated forthwith in city service. If the city
is unable to find employment for a disability beneficiary
found to be no longer totally and permanently disabled, the
board shall continue the disability retirement allowance of
the beneficiary until such time as employment is available,
except as provided in paragraph (4) of this section.
(3) Should a disability beneficiary reenter city service
and be eligible for membership in the retirement system, his
retirement allowance shall be canceled and he shall immediately become a member of the retirement system, his rate of
contribution for future years being that established for his age
at the time of such reentry. His individual account shall be
credited with his accumulated contributions less the annuity
payments made to him. An amount equal to the accumulated
normal contributions so credited to him shall again be held
for the benefit of said member and shall no longer be
included in the amounts available to meet the obligations of
the city on account of benefits that have been granted. Such
member shall receive credit for prior service in the same
manner as if he had never been retired for disability.
(4) Should any disability beneficiary under age sixty-two
in the miscellaneous personnel or under age fifty-five in the
uniformed personnel, refuse to submit to medical examination, his retirement allowance may be discontinued until his
withdrawal of such refusal, and should refusal continue for
one year, his retirement allowance may be canceled. Should
said disability beneficiary, prior to attaining age sixty-two or
age fifty-five, as the case may be, engage in a gainful occupation the board shall reduce the amount of his retirement
allowance to an amount, which when added to the compensation earned by him in such occupation, shall not exceed the
amount of the final compensation on the basis of which his
retirement allowance was determined. Should the earning
capacity of such beneficiary be further altered, the board may
(2004 Ed.)
41.44.190
41.44.190 Withdrawal from system—Reentry—Payment on death of member. (1) Should service of a member
of the miscellaneous personnel be discontinued except by
death or retirement, he shall be paid six months after the day
of discontinuance such part of his accumulated contributions
as he shall demand. Six months after the date of such discontinuance, unless on leave of absence regularly granted, or
unless he has exercised the option hereinafter provided, his
rights to all benefits as a member shall cease, without notice,
and his accumulated contributions shall be returned to him in
any event or held for his account if for any reason the return
of the same is prevented. Should service of a member of the
uniformed personnel be discontinued except by death or
retirement, he shall be paid six months after the day of discontinuance such part of his accumulated contributions as he
shall demand, and six months after the date of such discontinuance, unless on leave of absence regularly granted, his
rights to all benefits as a member shall cease, without notice,
and his accumulated contributions shall be returned to him in
any event, or held for his account if for any reason the same
is prevented: PROVIDED, That the board may in its discretion, grant the privilege of withdrawal in the amounts above
specified at any time following such discontinuance. Any
member whose service is discontinued except by death or
retirement, and who has five or more years of creditable service when such discontinuance occurs, may, at his option,
leave his accumulated contributions in the fund and thereby
be entitled to receive a deferred retirement allowance commencing at retirement age sixty for miscellaneous personnel
and at age fifty-five for uniformed personnel, such retirement
allowance to be computed in the same manner provided in
subsection (1) of RCW 41.44.150: PROVIDED, That this
option may be revoked at any time prior to commencement of
annuity payments by filing a written notice of such intention
with the board together with a written application for a refund
of such accumulated contributions. The board may establish
rules and regulations to govern withdrawal and redeposit of
contributions.
(2) Should a former member, within five years after discontinuance of service, return to service in the same city in
which he was employed he may restore to the fund in such
manner as may be agreed upon by such person and the board,
his withdrawn normal accumulated contributions as they
were at the time of his separation from service and upon completion of such redeposit all his rights and privileges existing
at the time of discontinuance of service shall be restored and
his obligations as a member shall begin again. The rate of
[Title 41 RCW—page 259]
41.44.200
Title 41 RCW: Public Employment, Civil Service, and Pensions
contribution of such returning member shall be the same as it
was at the time he separated from service.
(3) Upon the death of any person who has not been
retired, pursuant to the provisions hereof, there shall be paid
to his estate, or to such persons having an insurable interest in
his life as he shall have nominated by written designation
duly executed and filed with the board, his accumulated contributions less any payments therefrom already made to him.
Such payment may be made in one lump sum or may be paid
in installments over a period of not to exceed five years, as
may be designated by the member or his beneficiary, with
such rate of interest as may be determined by the board.
(4) In lieu of the death benefit otherwise payable under
subsection (3) of this section, there shall be paid a total allowance equal to one-fourth average final compensation per
month to the surviving spouse of a member with at least
twenty years service as such, at the time of death and who has
not been retired and who, by reason of membership in the
system, is covered by the Old Age and Survivors Insurance
provisions of the Federal Social Security Act, but not at the
time of death qualified to receive the benefits thereof. Said
allowance shall become payable upon the death of said member or upon the date the surviving spouse becomes ineligible
for any benefit payment from the Federal OASI, if later, and
shall cease upon death or remarriage, or upon the date the surviving spouse would become entitled, upon application therefor; to any insurance benefit from the Federal OASI system,
whichever event shall first occur: PROVIDED, That said
benefit shall cease upon the beneficiary becoming employed
by any member city of said system: PROVIDED FURTHER, That this allowance shall consist of:
(a) An amount which shall be the actuarial equivalent of
the normal contributions at the time specified for retirement;
(b) An amount provided by the contributions of the city,
equal to the annuity purchased by the accumulated normal
contributions of the member;
(c) Such additional amount, provided by the contributions of the city, as will make the total allowance equal to
one-fourth average final compensation per month;
(d) An annuity purchased by the accumulated additional
contributions, if any, in addition to the minimum guaranteed.
(5) In lieu of the death benefit otherwise payable under
subsection (3) of this section, the surviving spouse of a member who dies after having attained the minimum requirements
for his service retirement as required by RCW 41.44.140 may
elect to receive the allowance which would have been paid to
such surviving spouse had the member been retired on the
date of his death and had he elected to receive the lesser
retirement allowances provided for in option C of RCW
41.44.220.
(6) If a former member shall, within one year from date
of discontinuance of service, be employed by another city
participating in this retirement system he shall have the privilege of redepositing and the matching contributions deposited by the city or cities in which he was formerly employed
shall again be held for the benefit of such member. If such
redepositing member possessed a prior service certificate the
city employing him at time of retirement shall accept the liability evidenced by such certificate.
Reinstatement of a prior service certificate shall be effective only upon a showing that normal contributions are on
[Title 41 RCW—page 260]
deposit in the retirement fund, to the credit of the member,
covering all current service. [1967 ex.s. c 28 § 5; 1965 ex.s.
c 99 § 8; 1961 c 227 § 9; 1951 c 275 § 14; 1947 c 71 § 19;
Rem. Supp. 1947 § 9592-148.]
Purpose—Severability—1967 ex.s. c 28: See notes following RCW
41.44.030.
41.44.200 Withdrawal—Procedure as to city's contribution. Whenever a member withdraws his accumulated
normal contributions the matching contributions of the city
so released shall be transferred to a reserve account created
for the purpose of showing the amount of credits due each
city through such operation. Such credits may be used by the
city to apply on any charges made against the city but only so
much thereof as will insure leaving in such account an
amount estimated to be sufficient to again match contributions redeposited by employees returning to service as contemplated in RCW 41.44.190. The board may credit such
reserve accounts with interest at such rate as the board deems
equitable: PROVIDED, That as to any member city which
has elected to and is making contributions in lieu of those
required in RCW 41.44.090(1)(a), there shall be no release of
the city's matching contributions after the date of its commencement to make such lieu contributions: PROVIDED
FURTHER, That any released contributions of any such city
which have been credited to its reserve account prior to the
date of such commencement, shall be available to it for the
purposes hereinabove specified, unless the board shall determine that their immediate use for such purposes would result
in a harmful effect upon the assets of the system, in which
event the board shall have the right to defer their use for a reasonable time in which to permit it to make adjustments in the
current assets of the system to prevent the same. [1953 c 228
§ 8; 1947 c 71 § 20; Rem. Supp. 1947 § 9592-140.]
41.44.200
41.44.210 Benefit on death in line of duty. Upon the
death of any member who dies from injuries or disease arising out of or incurred in the performance of his duty or duties,
of which the board of trustees shall be the judge, if death
occurs within one year from date of discontinuance of city
service caused by such injury, there shall be paid to his estate
or to such person or persons having an insurable interest in
his life, as he shall have nominated by written designation
duly executed and filed with the board, the sum of one thousand dollars, purchased by the contributions of the cities participating in the retirement system; and in addition thereto
there shall be paid to the surviving spouse during such
spouse's lifetime, or if there be no surviving spouse, then to
his minor child or children until they shall have reached the
age of eighteen years, a monthly pension equal to one-half
the monthly final compensation of such deceased member. If
any such spouse, or child or children shall marry, then such
person so marrying shall thereafter receive no further pension
herein provided. Cost of the lump sum benefit above provided shall be determined by actuarial calculation and prorated equitably to each city. The benefits provided in this section shall be exclusive of any other benefits due the member
under this chapter. [1973 1st ex.s. c 154 § 79; 1961 c 227 §
10; 1957 c 158 § 6; 1947 c 71 § 21; Rem. Supp. 1947 § 9592150.]
41.44.210
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
(2004 Ed.)
Statewide City Employees' Retirement
41.44.220 Optional allowance on retirement. A member may elect to receive in lieu of the retirement allowance
provided for in RCW 41.44.150, its actuarial equivalent in
the form of a lesser retirement allowance, payable in accordance with the terms and conditions of one of the options set
forth below in this section. Election of any option must be
made by written application filed with the board at least thirty
days in advance of retirement, or may be made by any member after he has attained the minimum requirements for his
service retirement as required by RCW 41.44.140, and shall
not be effective unless approved by the board prior to retirement of the member.
Option A. The lesser retirement allowance shall be payable to the member throughout his life: PROVIDED, That if
he die before he receives in annuity payments referred to in
paragraph (a) of subsection (1) of RCW 41.44.150 a total
amount equal to the amount of his accumulated contributions
as it was at date of his retirement, the balance of such accumulated contributions shall be paid in one sum to his estate or
to such person having an insurable interest in his life as he
shall nominate by written designation duly executed and filed
with the board.
Option B. The lesser retirement allowance shall be payable to the member throughout life, and after death of the
member, one-half of the lesser retirement allowance shall be
continued throughout the life of and paid to the wife or husband of this member.
Option C. The lesser retirement allowance shall be payable to the member throughout life, and after death of the
member it shall be continued throughout the life of and paid
to the wife or husband of the member.
A member may apply for some other benefit or benefits
and the board may grant such application provided such other
benefit or benefits, together with the reduced retirement
allowance, shall be certified by the actuary to be of equivalent value to his retirement allowance.
The surviving spouse may elect to receive a cash refund
of the member's accumulated contributions in lieu of the
monthly benefit under either Option B or Option C. [1965
ex.s. c 99 § 9; 1947 c 71 § 22; Rem. Supp. 1947 § 9592-151.]
41.44.220
41.44.230 Monthly payments. A pension, annuity, or a
retirement allowance granted under the provisions of this
chapter, unless otherwise specified herein, shall be payable in
monthly installments, and each installment shall cover for the
current calendar month. [1947 c 71 § 23; Rem. Supp. 1947 §
9592-152.]
41.44.230
41.44.270
legal separation or in any court order or court-approved property settlement agreement incident to any court decree of dissolution or legal separation. [1989 c 360 § 28; 1979 ex.s. c
205 § 7; 1947 c 71 § 24; Rem. Supp. 1947 § 9592-153.]
41.44.250
41.44.250 Suspension of retirement allowance. The
payment of any retirement allowance to a member who has
been retired from service shall be suspended during the time
that the beneficiary is in receipt of compensation for service
to any city or town that is a member of the statewide city
employees' retirement system, except as to the amount by
which such retirement allowance may exceed such compensation for the same period. It is the intent of this section to
prevent any retired person from being able to receive both his
retirement allowance and compensation for service to any
city or town that is a member of the statewide city employees'
retirement system: PROVIDED, That nothing in this section
shall prevent county or state welfare departments from furnishing to any retired employee under the terms of this chapter the hospital, medical, dental and other benefits granted to
pensioners under the provisions of Title 74 RCW. [1951 c
275 § 15; 1947 c 71 § 25; Rem. Supp. 1947 § 9592-154.]
41.44.260
41.44.260 Merger of existing or new systems into
statewide system—Contract. The council or other legislative body of any city or town in which there has been established or may hereafter be established by ordinance or pursuant to authority granted, or hereafter granted, by any of the
laws of the state of Washington, any retirement system, pension, relief or disability system, excluding any system
directly established by the legislature of the state of Washington and by its terms made compulsory, shall have the right by
a legal contract in writing to merge or integrate its existing
system with that of the statewide city employees' retirement
system established by chapter 71, Laws of 1947 [chapter
41.44 RCW]. Any such contract shall contain appropriate
provisions granting to any member of the systems integrated
or merged the right to elect to withdraw his or her accumulated contributions accrued to the effective date of the merger
or integration where the contract would result in a reduction
or impairment of the benefits provided for in the existing system of which he or she is a member, and no such contracts
shall be effective which shall reduce or impair the benefits
which employees who are receiving benefits from either of
the integrated systems would have received had the integration or merger not been effected. [1949 c 137 § 1; Rem.
Supp. 1949 § 9592-133a.]
41.44.240
41.44.240 Rights immune from legal process—
Exceptions. The right of a person to a pension, annuity or a
retirement allowance, to the return of contribution, the pension, annuity or retirement allowance itself, any optional benefit, any other right accrued or accruing to any person under
the provisions of this chapter, and the moneys in the fund created under this chapter shall not be subject to execution, garnishment, or any other process whatsoever. This section shall
not apply to child support collection actions taken under
chapter 26.18, 26.23, or 74.20A RCW against benefits payable under any such plan or arrangement. Benefits under this
chapter shall be payable to a spouse or ex-spouse to the extent
expressly provided for in any court decree of dissolution or
(2004 Ed.)
41.44.270
41.44.270 Agreements between board and cities
which accept social security act benefits. Should any member city of the statewide city employees retirement system
established pursuant to this chapter, hereafter take advantage
of any benefits lawfully available to its employees and their
survivors under the old age and survivors insurance system
embodied in the social security act, or should any city which
has lawfully taken advantage of such benefits desire to
become a member of the statewide city employees retirement
system, such city and the board shall have the power to enter
into an agreement mutually satisfactory to both parties
adjusting the contributions to be made by such city and by its
[Title 41 RCW—page 261]
41.44.300
Title 41 RCW: Public Employment, Civil Service, and Pensions
employees and the benefits to be paid by the statewide city
employees retirement system, in such a manner to permit the
participation of such city in the system as a member with
reduced benefits to its employees and reduced contributions
by the city and by its employees: PROVIDED, That such
adjustment shall be made upon an actuarially sound basis and
that as to all matters, other than those changed by such agreement, the provisions of the statewide city employees retirement system law shall apply: PROVIDED FURTHER, That
unless such an agreement is entered into by mutual consent of
such city and the board, all of the provisions of the statewide
city employees retirement system law shall be applicable.
[1953 c 228 § 9.]
41.44.300
41.44.300 System abolished—Date—Transfer of
assets, liabilities and responsibilities. Notwithstanding any
provisions of chapter 41.44 RCW to the contrary, the statewide employees' retirement system shall no longer exist after
January 1, 1972, at which time all assets, liabilities, and
responsibilities of the statewide city employees' retirement
system shall be transferred to and assumed by the Washington public employees' retirement system as provided for in
*RCW 41.40.405 through 41.40.407. [1971 c 75 § 4.]
*Reviser's note: RCW 41.40.405 through 41.40.407 were decodified
pursuant to 1991 c 35 § 4.
Chapter 41.45
Chapter 41.45 RCW
ACTUARIAL FUNDING OF STATE
RETIREMENT SYSTEMS
Sections
41.45.010
41.45.020
41.45.030
41.45.035
41.45.050
41.45.054
41.45.060
41.45.0604
41.45.061
41.45.0631
41.45.067
41.45.070
41.45.070
41.45.080
41.45.090
41.45.100
41.45.110
41.45.120
41.45.130
41.45.900
41.45.902
Intent—Findings—Goals.
Definitions.
State actuary to submit information on the experience and
financial condition of each retirement system—Adoption of
long-term economic assumptions.
Long-term economic assumptions—Asset value smoothing
technique.
Contributions to be based on rates established in this chapter—
Allocation formula for contributions.
Contribution rates—Applicable dates.
Basic state and employer contribution rates adopted by council.
Contribution rates—Law enforcement officers' and fire fighters' retirement system plan 2.
Required contribution rates for plan 2 members.
Contribution rate.
Failure of state or employer to make required contribution—
Resulting increase in contribution rate borne in full by state
or employer—Members' contribution deducted each payroll
period.
Supplemental rate (as amended by 2003 c 92).
Supplemental rate (as amended by 2003 1st sp.s. c 11).
Additional contributions may be required.
Collection of actuarial data.
Pension funding council—Created.
Pension funding council—Audits required—Select committee
on pension policy.
Pension funding work group.
Public employees' retirement system plan 2 assets divided—
Assets transferred to school employees' retirement system.
Severability—1989 c 273.
Severability—2001 2nd sp.s. c 11.
ment system, chapter 41.32 RCW; the law enforcement officers' and fire fighters' retirement systems, chapter 41.26 RCW;
the school employees' retirement system, chapter 41.35
RCW; and the Washington state patrol retirement system,
chapter 43.43 RCW.
The legislature finds that the funding status of the state
retirement systems has improved dramatically since 1989.
Because of the big reduction in unfunded pension liabilities,
it is now prudent to adjust the long-term economic assumptions that are used in the actuarial studies conducted by the
state actuary. The legislature finds that it is reasonable to
increase the salary growth assumption in light of Initiative
Measure No. 732, to increase the investment return assumption in light of the asset allocation policies and historical
returns of the state investment board, and to reestablish June
30, 2024, as the target date to achieve full funding of all liabilities in the public employees' retirement system plan 1, the
teachers' retirement system plan 1, and the law enforcement
officers' and fire fighters' retirement system plan 1.
The funding process established by this chapter is
intended to achieve the following goals:
(1) To continue to fully fund the public employees'
retirement system plans 2 and 3, the teachers' retirement system plans 2 and 3, the school employees' retirement system
plans 2 and 3, and the law enforcement officers' and fire
fighters' retirement system plan 2 as provided by law;
(2) To fully amortize the total costs of the public
employees' retirement system plan 1, the teachers' retirement
system plan 1, and the law enforcement officers' and fire
fighters' retirement system plan 1, not later than June 30,
2024;
(3) To establish predictable long-term employer contribution rates which will remain a relatively constant proportion of the future state budgets; and
(4) To fund, to the extent feasible, benefit increases for
plan 1 members and all benefits for plan 2 and 3 members
over the working lives of those members so that the cost of
those benefits are paid by the taxpayers who receive the benefit of those members' service. [2002 c 26 § 3; 2001 2nd sp.s.
c 11 § 2; (2001 2nd sp.s. c 11 § 1 expired pursuant to 2001
2nd sp.s. c 11 § 20); 2000 c 247 § 501; 1998 c 341 § 401;
1995 c 239 § 305; 1989 c 273 § 1.]
Expiration date—2001 2nd sp.s. c 11 §§ 1 and 7: "Sections 1, 7, and
*18 of this act expire March 1, 2002." [2001 2nd sp.s. c 11 § 20.]
*Reviser's note: Section 18 of this act was vetoed.
Effective date—2001 2nd sp.s. c 11: "Sections 2, 3, 4, 8, 13, 14, and
16 of this act take effect March 1, 2002." [2001 2nd sp.s. c 11 § 21.]
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.45.010
41.45.010 Intent—Findings—Goals. (Effective until
July 1, 2006.) It is the intent of the legislature to provide a
dependable and systematic process for funding the benefits
provided to members and retirees of the public employees'
retirement system, chapter 41.40 RCW; the teachers' retire[Title 41 RCW—page 262]
41.45.010
41.45.010 Intent—Findings—Goals. (Effective July
1, 2006.) It is the intent of the legislature to provide a
dependable and systematic process for funding the benefits
provided to members and retirees of the public employees'
(2004 Ed.)
Actuarial Funding of State Retirement Systems
retirement system, chapter 41.40 RCW; the teachers' retirement system, chapter 41.32 RCW; the law enforcement officers' and fire fighters' retirement systems, chapter 41.26 RCW;
the school employees' retirement system, chapter 41.35
RCW; the public safety employees' retirement system, chapter 41.37 RCW; and the Washington state patrol retirement
system, chapter 43.43 RCW.
The legislature finds that the funding status of the state
retirement systems has improved dramatically since 1989.
Because of the big reduction in unfunded pension liabilities,
it is now prudent to adjust the long-term economic assumptions that are used in the actuarial studies conducted by the
state actuary. The legislature finds that it is reasonable to
increase the salary growth assumption in light of Initiative
Measure No. 732, to increase the investment return assumption in light of the asset allocation policies and historical
returns of the state investment board, and to reestablish June
30, 2024, as the target date to achieve full funding of all liabilities in the public employees' retirement system plan 1, the
teachers' retirement system plan 1, and the law enforcement
officers' and fire fighters' retirement system plan 1.
The funding process established by this chapter is
intended to achieve the following goals:
(1) To fully fund the public employees' retirement system plans 2 and 3, the teachers' retirement system plans 2 and
3, the school employees' retirement system plans 2 and 3, the
public safety employees' retirement system plan 2, and the
law enforcement officers' and fire fighters' retirement system
plan 2 as provided by law;
(2) To fully amortize the total costs of the public
employees' retirement system plan 1, the teachers' retirement
system plan 1, and the law enforcement officers' and fire
fighters' retirement system plan 1, not later than June 30,
2024;
(3) To establish predictable long-term employer contribution rates which will remain a relatively constant proportion of the future state budgets; and
(4) To fund, to the extent feasible, benefit increases for
plan 1 members and all benefits for plan 2 and 3 members
over the working lives of those members so that the cost of
those benefits are paid by the taxpayers who receive the benefit of those members' service. [2004 c 242 § 36; 2002 c 26 §
3; 2001 2nd sp.s. c 11 § 2; (2001 2nd sp.s. c 11 § 1 expired
pursuant to 2001 2nd sp.s. c 11 § 20); 2000 c 247 § 501; 1998
c 341 § 401; 1995 c 239 § 305; 1989 c 273 § 1.]
Effective date—2004 c 242: See RCW 41.37.901.
Expiration date—2001 2nd sp.s. c 11 §§ 1 and 7: "Sections 1, 7, and
*18 of this act expire March 1, 2002." [2001 2nd sp.s. c 11 § 20.]
*Reviser's note: Section 18 of this act was vetoed.
41.45.020
41.45.020
41.45.020 Definitions. (Effective until July 1, 2006.)
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Council" means the pension funding council created
in RCW 41.45.100.
(2) "Department" means the department of retirement
systems.
(3) "Law enforcement officers' and fire fighters' retirement system plan 1" and "law enforcement officers' and fire
fighters' retirement system plan 2" means the benefits and
funding provisions under chapter 41.26 RCW.
(4) "Public employees' retirement system plan 1," "public employees' retirement system plan 2," and "public
employees' retirement system plan 3" mean the benefits and
funding provisions under chapter 41.40 RCW.
(5) "Teachers' retirement system plan 1," "teachers'
retirement system plan 2," and "teachers' retirement system
plan 3" mean the benefits and funding provisions under chapter 41.32 RCW.
(6) "School employees' retirement system plan 2" and
"school employees' retirement system plan 3" mean the benefits and funding provisions under chapter 41.35 RCW.
(7) "Washington state patrol retirement system" means
the retirement benefits provided under chapter 43.43 RCW.
(8) "Unfunded liability" means the unfunded actuarial
accrued liability of a retirement system.
(9) "Actuary" or "state actuary" means the state actuary
employed under chapter 44.44 RCW.
(10) "State retirement systems" means the retirement
systems listed in RCW 41.50.030.
(11) "Classified employee" means a member of the
Washington school employees' retirement system plan 2 or
plan 3 as defined in RCW 41.35.010.
(12) "Teacher" means a member of the teachers' retirement system as defined in RCW 41.32.010(15).
(13) "Select committee" means the select committee on
pension policy created in RCW 41.04.276.
(14) "Actuarial value of assets" means the value of pension plan investments and other property used by the actuary
for the purpose of an actuarial valuation. [2004 c 93 § 1;
2003 c 295 § 8; 2002 c 26 § 4. Prior: 2001 2nd sp.s. c 11 §
4; 2001 2nd sp.s. c 11 § 3; 2000 c 247 § 502; 1998 c 341 §
402; 1998 c 283 § 1; 1995 c 239 § 306; 1989 c 273 § 2.]
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—2001 2nd sp.s. c 11: "Sections 2, 3, 4, 8, 13, 14, and
16 of this act take effect March 1, 2002." [2001 2nd sp.s. c 11 § 21.]
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Benefits not contractual right until date specified: RCW 41.34.100.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
(2004 Ed.)
41.45.020
41.45.020 Definitions. (Effective July 1, 2006.) As
used in this chapter, the following terms have the meanings
indicated unless the context clearly requires otherwise.
(1) "Council" means the pension funding council created
in RCW 41.45.100.
(2) "Department" means the department of retirement
systems.
[Title 41 RCW—page 263]
41.45.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3) "Law enforcement officers' and fire fighters' retirement system plan 1" and "law enforcement officers' and fire
fighters' retirement system plan 2" means the benefits and
funding provisions under chapter 41.26 RCW.
(4) "Public employees' retirement system plan 1," "public employees' retirement system plan 2," and "public
employees' retirement system plan 3" mean the benefits and
funding provisions under chapter 41.40 RCW.
(5) "Teachers' retirement system plan 1," "teachers'
retirement system plan 2," and "teachers' retirement system
plan 3" mean the benefits and funding provisions under chapter 41.32 RCW.
(6) "School employees' retirement system plan 2" and
"school employees' retirement system plan 3" mean the benefits and funding provisions under chapter 41.35 RCW.
(7) "Washington state patrol retirement system" means
the retirement benefits provided under chapter 43.43 RCW.
(8) "Unfunded liability" means the unfunded actuarial
accrued liability of a retirement system.
(9) "Actuary" or "state actuary" means the state actuary
employed under chapter 44.44 RCW.
(10) "State retirement systems" means the retirement
systems listed in RCW 41.50.030.
(11) "Classified employee" means a member of the
Washington school employees' retirement system plan 2 or
plan 3 as defined in RCW 41.35.010.
(12) "Teacher" means a member of the teachers' retirement system as defined in RCW 41.32.010(15).
(13) "Select committee" means the select committee on
pension policy created in RCW 41.04.276.
(14) "Actuarial value of assets" means the value of pension plan investments and other property used by the actuary
for the purpose of an actuarial valuation.
(15) "Public safety employees' retirement system plan 2"
means the benefits and funding provisions established under
chapter 41.37 RCW. [2004 c 242 § 37; 2004 c 93 § 1; 2003 c
295 § 8; 2002 c 26 § 4. Prior: 2001 2nd sp.s. c 11 § 4; 2001
2nd sp.s. c 11 § 3; 2000 c 247 § 502; 1998 c 341 § 402; 1998
c 283 § 1; 1995 c 239 § 306; 1989 c 273 § 2.]
Reviser's note: This section was amended by 2004 c 93 § 1 and by
2004 c 242 § 37, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.45.030
41.45.030 State actuary to submit information on the
experience and financial condition of each retirement system—Adoption of long-term economic assumptions. (1)
Beginning April 1, 2004, and every four years thereafter, the
state actuary shall submit to the council information regarding the experience and financial condition of each state retire[Title 41 RCW—page 264]
ment system. The council shall review this and such other
information as it may require.
(2) By May 31, 2004, and every four years thereafter, the
council, by affirmative vote of four councilmembers, may
adopt changes to the long-term economic assumptions established in RCW 41.45.035. Any changes adopted by the council shall be subject to revision by the legislature.
The council shall consult with the economic and revenue
forecast supervisor and the executive director of the state
investment board, and shall consider long-term historical
averages, in reviewing possible changes to the economic
assumptions.
(3) The assumptions and the asset value smoothing technique established in RCW 41.45.035, as modified in the
future by the council or legislature, shall be used by the state
actuary in conducting all actuarial studies of the state retirement systems, including actuarial fiscal notes under RCW
44.44.040. The assumptions shall also be used for the administration of benefits under the retirement plans listed in RCW
41.45.020, pursuant to timelines and conditions established
by department rules. [2001 2nd sp.s. c 11 § 5; 1995 c 233 §
1; 1993 c 519 § 17; 1989 c 273 § 3.]
Effective date—2001 2nd sp.s. c 11: "Except under section 21 of this
act, this act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and takes effect July 1, 2001." [2001 2nd sp.s. c 11 § 22.]
Effective date—1995 c 233: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 5, 1995]." [1995 c 233 § 4.]
Part headings not law—Effective date—1993 c 519: See notes following RCW 28A.400.212.
41.45.035
41.45.035 Long-term economic assumptions—Asset
value smoothing technique. (1) Beginning July 1, 2001, the
following long-term economic assumptions shall be used by
the state actuary for the purposes of RCW 41.45.030:
(a) The growth in inflation assumption shall be 3.5 percent;
(b) The growth in salaries assumption, exclusive of merit
or longevity increases, shall be 4.5 percent;
(c) The investment rate of return assumption shall be 8
percent; and
(d) The growth in system membership assumption shall
be 1.25 percent for the public employees' retirement system,
the school employees' retirement system, and the law
enforcement officers' and fire fighters' retirement system.
The assumption shall be .90 percent for the teachers' retirement system.
(2)(a) Beginning with actuarial studies done after July 1,
2003, changes to plan asset values that vary from the longterm investment rate of return assumption shall be recognized
in the actuarial value of assets over a period that varies up to
eight years depending on the magnitude of the deviation of
each year's investment rate of return relative to the long-term
rate of return assumption. Beginning with actuarial studies
performed after July 1, 2004, the actuarial value of assets
shall not be greater than one hundred thirty percent of the
market value of assets as of the valuation date or less than
seventy percent of the market value of assets as of the valuation date. Beginning April 1, 2004, the council, by affirmative vote of four councilmembers, may adopt changes to this
(2004 Ed.)
Actuarial Funding of State Retirement Systems
asset value smoothing technique. Any changes adopted by
the council shall be subject to revision by the legislature.
(b) The state actuary shall periodically review the appropriateness of the asset smoothing method in this section and
recommend changes to the legislature as necessary. [2004 c
93 § 2; 2003 1st sp.s. c 11 § 1; 2001 2nd sp.s. c 11 § 6.]
Effective date—2003 1st sp.s. c 11: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect July
1, 2003." [2003 1st sp.s. c 11 § 4.]
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
41.45.050
41.45.050 Contributions to be based on rates established in this chapter—Allocation formula for contributions. (Effective until July 1, 2006.) (1) Employers of members of the public employees' retirement system, the teachers'
retirement system, the school employees' retirement system,
and the Washington state patrol retirement system shall make
contributions to those systems based on the rates established
in RCW 41.45.060, *41.45.053, and 41.45.070.
(2) The state shall make contributions to the law enforcement officers' and fire fighters' retirement system plan 2
based on the rates established in RCW 41.45.060,
*41.45.053, and 41.45.070. The state treasurer shall transfer
the required contributions each month on the basis of salary
data provided by the department.
(3) The department shall bill employers, and the state
shall make contributions to the law enforcement officers' and
fire fighters' retirement system plan 2, using the combined
rates established in RCW 41.45.060, *41.45.053, and
41.45.070 regardless of the level of appropriation provided in
the biennial budget. Any member of an affected retirement
system may, by mandamus or other appropriate proceeding,
require the transfer and payment of funds as directed in this
section.
(4) The contributions received for the public employees'
retirement system shall be allocated between the public
employees' retirement system plan 1 fund and the public
employees' retirement system combined plan 2 and plan 3
fund as follows: The contributions necessary to fully fund
the public employees' retirement system combined plan 2 and
plan 3 employer contribution shall first be deposited in the
public employees' retirement system combined plan 2 and
plan 3 fund. All remaining public employees' retirement system employer contributions shall be deposited in the public
employees' retirement system plan 1 fund.
(5) The contributions received for the teachers' retirement system shall be allocated between the plan 1 fund and
the combined plan 2 and plan 3 fund as follows: The contributions necessary to fully fund the combined plan 2 and plan
3 employer contribution shall first be deposited in the combined plan 2 and plan 3 fund. All remaining teachers' retirement system employer contributions shall be deposited in the
plan 1 fund.
(6) The contributions received for the school employees'
retirement system shall be allocated between the public
employees' retirement system plan 1 fund and the school
employees' retirement system combined plan 2 and plan 3
fund as follows: The contributions necessary to fully fund
the combined plan 2 and plan 3 employer contribution shall
(2004 Ed.)
41.45.050
first be deposited in the combined plan 2 and plan 3 fund. All
remaining school employees' retirement system employer
contributions shall be deposited in the public employees'
retirement system plan 1 fund.
(7) The contributions received for the law enforcement
officers' and fire fighters' retirement system plan 2 shall be
deposited in the law enforcement officers' and fire fighters'
retirement system plan 2 fund. [2002 c 26 § 5; 2001 2nd sp.s.
c 11 § 8; (2001 2nd sp.s. c 11 § 7 expired pursuant to 2001
2nd sp.s. c 11 § 20); 2000 c 247 § 503; 1998 c 341 § 403;
1995 c 239 § 308; 1989 c 273 § 5.]
*Reviser's note: RCW 41.45.053 was repealed by 2002 c 7 § 2. Compare provisions of RCW 41.45.054.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Expiration date—2001 2nd sp.s. c 11 §§ 1 and 7: See note following
RCW 41.45.010.
Effective date—2001 2nd sp. s. c 11: See note following RCW
41.45.030.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.45.050
41.45.050 Contributions to be based on rates established in this chapter—Allocation formula for contributions. (Effective July 1, 2006.) (1) Employers of members
of the public employees' retirement system, the teachers'
retirement system, the school employees' retirement system,
the public safety employees' retirement system, and the
Washington state patrol retirement system shall make contributions to those systems based on the rates established in
RCW 41.45.060 and 41.45.070.
(2) The state shall make contributions to the law enforcement officers' and fire fighters' retirement system plan 2
based on the rates established in RCW 41.45.060 and
41.45.070. The state treasurer shall transfer the required contributions each month on the basis of salary data provided by
the department.
(3) The department shall bill employers, and the state
shall make contributions to the law enforcement officers' and
fire fighters' retirement system plan 2, using the combined
rates established in RCW 41.45.060 and 41.45.070 regardless
of the level of appropriation provided in the biennial budget.
Any member of an affected retirement system may, by mandamus or other appropriate proceeding, require the transfer
and payment of funds as directed in this section.
(4) The contributions received for the public employees'
retirement system shall be allocated between the public
employees' retirement system plan 1 fund and the public
employees' retirement system combined plan 2 and plan 3
fund as follows: The contributions necessary to fully fund
the public employees' retirement system combined plan 2 and
plan 3 employer contribution shall first be deposited in the
public employees' retirement system combined plan 2 and
plan 3 fund. All remaining public employees' retirement system employer contributions shall be deposited in the public
employees' retirement system plan 1 fund.
[Title 41 RCW—page 265]
41.45.054
Title 41 RCW: Public Employment, Civil Service, and Pensions
Expiration date—2001 2nd sp.s. c 11 §§ 1 and 7: See note following
RCW 41.45.010.
system and teachers' retirement system, to collect the following contribution rates:
(1) Beginning July 1, 2003, the following employer contribution rates shall be charged:
(a) 1.18 percent for the public employees' retirement system; and
(b) 3.03 percent for the law enforcement officers' and
fire fighters' retirement system plan 2.
(2) Beginning July 1, 2003, the basic state contribution
rate for the law enforcement officers' and fire fighters' retirement system plan 2 shall be 2.02 percent.
(3) Beginning September 1, 2003, the following
employer contribution rates shall be charged:
(a) 0.84 percent for the school employees' retirement
system; and
(b) 1.17 percent for the teachers' retirement system.
(4) Beginning July 1, 2003, the following member contribution rates shall be charged:
(a) 1.18 percent for the public employees' retirement system plan 2; and
(b) 5.05 percent for the law enforcement officers' and
fire fighters' retirement system plan 2.
(5) Beginning September 1, 2003, the following member
contribution rates shall be charged:
(a) 0.84 percent for the school employees' retirement
system plan 2; and
(b) 0.87 percent for the teachers' retirement system plan
2.
(6) The contribution rates in this section shall be collected through June 30, 2005, for the public employees'
retirement system and the law enforcement officers' and fire
fighters' retirement system, and August 31st, 2005, for the
school employees' retirement system and the teachers' retirement system.
(7) The July 1, 2003, contribution rate changes provided
in this section shall be implemented notwithstanding the
thirty-day advanced notice provisions of RCW 41.45.067.
[2003 1st sp.s. c 11 § 2; 2002 c 7 § 1.]
Effective date—2001 2nd sp. s. c 11: See note following RCW
41.45.030.
Effective date—2003 1st sp.s. c 11: See note following RCW
41.45.035.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—2002 c 7: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect April 1, 2002."
[2002 c 7 § 3.]
(5) The contributions received for the teachers' retirement system shall be allocated between the plan 1 fund and
the combined plan 2 and plan 3 fund as follows: The contributions necessary to fully fund the combined plan 2 and plan
3 employer contribution shall first be deposited in the combined plan 2 and plan 3 fund. All remaining teachers' retirement system employer contributions shall be deposited in the
plan 1 fund.
(6) The contributions received for the school employees'
retirement system shall be allocated between the public
employees' retirement system plan 1 fund and the school
employees' retirement system combined plan 2 and plan 3
fund as follows: The contributions necessary to fully fund
the combined plan 2 and plan 3 employer contribution shall
first be deposited in the combined plan 2 and plan 3 fund. All
remaining school employees' retirement system employer
contributions shall be deposited in the public employees'
retirement system plan 1 fund.
(7) The contributions received for the law enforcement
officers' and fire fighters' retirement system plan 2 shall be
deposited in the law enforcement officers' and fire fighters'
retirement system plan 2 fund.
(8) The contributions received for the public safety
employees' retirement system shall be allocated between the
public employees' retirement system plan 1 fund and the public safety employees' retirement system plan 2 fund as follows: The contributions necessary to fully fund the plan 2
employer contribution shall first be deposited in the plan 2
fund. All remaining public safety employees' retirement system employer contributions shall be deposited in the public
employees' retirement system plan 1 fund. [2004 c 242 § 38;
2002 c 26 § 5; 2001 2nd sp.s. c 11 § 8; (2001 2nd sp.s. c 11 §
7 expired pursuant to 2001 2nd sp.s. c 11 § 20); 2000 c 247 §
503; 1998 c 341 § 403; 1995 c 239 § 308; 1989 c 273 § 5.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
41.45.060
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.45.054
41.45.054 Contribution rates—Applicable dates.
The basic employer and state contribution rates and plan 2
member contribution rates are changed to reflect the 2000
actuarial valuation, incorporating the 1995-2000 actuarial
experience study conducted by the office of the state actuary.
The results of the 2001 actuarial valuation for the public
employees' retirement system, the teachers' retirement system, and the school employees' retirement system shall be
restated as a result of the new asset smoothing method
adopted in RCW 41.45.035, and suspension of payments on
the unfunded liability in the public employees' retirement
[Title 41 RCW—page 266]
41.45.060 Basic state and employer contribution
rates adopted by council. (Effective until July 1, 2006.) (1)
The state actuary shall provide actuarial valuation results
based on the economic assumptions and asset value smoothing technique included in RCW 41.45.035 or adopted by the
council under RCW 41.45.030 or 41.45.035.
(2) Not later than September 30, 2002, and every two
years thereafter, consistent with the economic assumptions
and asset value smoothing technique included in RCW
41.45.035 or adopted under RCW 41.45.030 or 41.45.035,
the council shall adopt and may make changes to:
(a) A basic state contribution rate for the law enforcement officers' and fire fighters' retirement system plan 1;
(b) Basic employer contribution rates for the public
employees' retirement system, the teachers' retirement sys(2004 Ed.)
Actuarial Funding of State Retirement Systems
tem, and the Washington state patrol retirement system to be
used in the ensuing biennial period; and
(c) A basic employer contribution rate for the school
employees' retirement system for funding both that system
and the public employees' retirement system plan 1.
The contribution rates adopted by the council shall be
subject to revision by the legislature.
(3) The employer and state contribution rates adopted by
the council shall be the level percentages of pay that are
needed:
(a) To fully amortize the total costs of the public employees' retirement system plan 1, the teachers' retirement system
plan 1, and the law enforcement officers' and fire fighters'
retirement system plan 1 not later than June 30, 2024; and
(b) To also continue to fully fund the public employees'
retirement system plans 2 and 3, the teachers' retirement system plans 2 and 3, and the school employees' retirement system plans 2 and 3 in accordance with RCW 41.45.061,
41.45.067, and this section.
(4) The aggregate actuarial cost method shall be used to
calculate a combined plan 2 and 3 employer contribution rate
and a Washington state patrol retirement system contribution
rate.
(5) The council shall immediately notify the directors of
the office of financial management and department of retirement systems of the state and employer contribution rates
adopted. The rates shall be effective for the ensuing biennial
period, subject to any legislative modifications.
(6) The director of the department of retirement systems
shall collect the rates established in *RCW 41.45.053
through June 30, 2003. Thereafter, the director shall collect
those rates adopted by the council. The rates established in
*RCW 41.45.053, or by the council, shall be subject to revision by the council. [2003 c 294 § 10; 2003 c 92 § 3; 2002 c
26 § 2. Prior: 2001 2nd sp.s. c 11 § 10; 2001 c 329 § 10;
2000 2nd sp.s. c 1 § 905; 2000 c 247 § 504; prior: 1998 c 341
§ 404; 1998 c 340 § 11; 1998 c 283 § 6; 1995 c 239 § 309;
1993 c 519 § 19; 1992 c 239 § 2; 1990 c 18 § 1; 1989 c 273 §
6.]
Reviser's note: *(1) RCW 41.45.053 was repealed by 2002 c 7 § 2.
Compare provisions of RCW 41.45.054.
(2) This section was amended by 2003 c 92 § 3 and by 2003 c 294 § 10,
each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2003 c 92: See RCW 41.26.905 and
41.26.906.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Effective date—2001 c 329: See note following RCW 43.43.120.
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See note following RCW 41.34.060.
Effective date—1998 c 340: See note following RCW 41.31.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Part headings not law—Effective date—1993 c 519: See notes following RCW 28A.400.212.
(2004 Ed.)
41.45.060
Effective date—1992 c 239: "This act shall take effect September 1,
1992." [1992 c 239 § 6.]
Effective date—1990 c 18: "This act shall take effect September 1,
1991." [1990 c 18 § 3.]
Benefits not contractual right until date specified: RCW 41.34.100.
41.45.060
41.45.060 Basic state and employer contribution
rates adopted by council. (Effective July 1, 2006.) (1) The
state actuary shall provide actuarial valuation results based
on the economic assumptions and asset value smoothing
technique included in RCW 41.45.035 or adopted by the
council under RCW 41.45.030 or 41.45.035.
(2) Not later than September 30, 2002, and every two
years thereafter, consistent with the economic assumptions
and asset value smoothing technique included in RCW
41.45.035 or adopted under RCW 41.45.030 or 41.45.035,
the council shall adopt and may make changes to:
(a) A basic state contribution rate for the law enforcement officers' and fire fighters' retirement system plan 1;
(b) Basic employer contribution rates for the public
employees' retirement system, the teachers' retirement system, and the Washington state patrol retirement system to be
used in the ensuing biennial period; and
(c) A basic employer contribution rate for the school
employees' retirement system and the public safety employees' retirement system for funding both those systems and the
public employees' retirement system plan 1.
The contribution rates adopted by the council shall be
subject to revision by the legislature.
(3) The employer and state contribution rates adopted by
the council shall be the level percentages of pay that are
needed:
(a) To fully amortize the total costs of the public employees' retirement system plan 1, the teachers' retirement system
plan 1, and the law enforcement officers' and fire fighters'
retirement system plan 1 not later than June 30, 2024; and
(b) To fully fund the public employees' retirement system plans 2 and 3, the teachers' retirement system plans 2 and
3, the public safety employees' retirement system plan 2, and
the school employees' retirement system plans 2 and 3 in
accordance with RCW 41.45.061, 41.45.067, and this section.
(4) The aggregate actuarial cost method shall be used to
calculate a combined plan 2 and 3 employer contribution rate
and a Washington state patrol retirement system contribution
rate.
(5) The council shall immediately notify the directors of
the office of financial management and department of retirement systems of the state and employer contribution rates
adopted. The rates shall be effective for the ensuing biennial
period, subject to any legislative modifications.
(6) The director shall collect those rates adopted by the
council. The rates established in RCW 41.45.054, or by the
council, shall be subject to revision by the legislature. [2004
c 242 § 39. Prior: 2003 c 294 § 10; 2003 c 92 § 3; 2002 c 26
§ 2; prior: 2001 2nd sp.s. c 11 § 10; 2001 c 329 § 10; 2000
2nd sp.s. c 1 § 905; 2000 c 247 § 504; prior: 1998 c 341 §
404; 1998 c 340 § 11; 1998 c 283 § 6; 1995 c 239 § 309; 1993
c 519 § 19; 1992 c 239 § 2; 1990 c 18 § 1; 1989 c 273 § 6.]
Effective date—2004 c 242: See RCW 41.37.901.
[Title 41 RCW—page 267]
41.45.0604
Title 41 RCW: Public Employment, Civil Service, and Pensions
Severability—Effective date—2003 c 92: See RCW 41.26.905 and
41.26.906.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Effective date—2001 c 329: See note following RCW 43.43.120.
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See note following RCW 41.34.060.
Effective date—1998 c 340: See note following RCW 41.31.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Part headings not law—Effective date—1993 c 519: See notes following RCW 28A.400.212.
Effective date—1992 c 239: "This act shall take effect September 1,
1992." [1992 c 239 § 6.]
Effective date—1990 c 18: "This act shall take effect September 1,
1991." [1990 c 18 § 3.]
Benefits not contractual right until date specified: RCW 41.34.100.
41.45.0604 Contribution rates—Law enforcement
officers' and fire fighters' retirement system plan 2. (1)
Not later than September 30, 2004, and every even-numbered
year thereafter, the law enforcement officers' and fire fighters' plan 2 retirement board shall adopt contribution rates for
the law enforcement officers' and fire fighters' retirement system plan 2 as provided in RCW 41.26.720(1)(a).
(2) The law enforcement officers' and fire fighters' plan
2 retirement board shall immediately notify the directors of
the office of financial management and department of retirement systems of the state, employer, and employee rates
adopted. Thereafter, the director shall collect those rates
adopted by the board. The rates shall be effective for the
ensuing biennial period, subject to any legislative modifications. [2003 c 92 § 4.]
41.45.0604
Severability—Effective date—2003 c 92: See RCW 41.26.905 and
41.26.906.
41.45.061 Required contribution rates for plan 2
members. (Effective until July 1, 2006.) (1) The required
contribution rate for members of the plan 2 teachers' retirement system shall be fixed at the rates in effect on July 1,
1996, subject to the following:
(a) Beginning September 1, 1997, except as provided in
(b) of this subsection, the employee contribution rate shall
not exceed the employer plan 2 and 3 rates adopted under
RCW 41.45.060, *41.45.053, and 41.45.070 for the teachers'
retirement system;
(b) In addition, the employee contribution rate for plan 2
shall be increased by fifty percent of the contribution rate
increase caused by any plan 2 benefit increase passed after
July 1, 1996;
(c) In addition, the employee contribution rate for plan 2
shall not be increased as a result of any distributions pursuant
to section 309, chapter 341, Laws of 1998 and RCW
41.31A.020.
(2) The required contribution rate for members of the
school employees' retirement system plan 2 shall equal the
school employees' retirement system employer plan 2 and 3
contribution rate adopted under RCW 41.45.060, *41.45.053,
41.45.061
[Title 41 RCW—page 268]
and 41.45.070, except as provided in subsection (3) of this
section.
(3) The member contribution rate for the school employees' retirement system plan 2 shall be increased by fifty percent of the contribution rate increase caused by any plan 2
benefit increase passed after September 1, 2000.
(4) The required contribution rate for members of the
public employees' retirement system plan 2 shall be set at the
same rate as the employer combined plan 2 and plan 3 rate.
(5) The required contribution rate for members of the
law enforcement officers' and fire fighters' retirement system
plan 2 shall be set at fifty percent of the cost of the retirement
system.
(6) The employee contribution rates for plan 2 under
subsections (3) and (4) of this section shall not include any
increase as a result of any distributions pursuant to RCW
41.31A.020 and 41.31A.030.
(7) The required plan 2 and 3 contribution rates for
employers shall be adopted in the manner described in RCW
41.45.060, *41.45.053, and 41.45.070. [2001 2nd sp.s. c 11
§ 13; 2001 2nd sp.s. c 11 § 12; 2001 c 180 § 1. Prior: 2000 c
247 § 506; 2000 c 230 § 2; 1998 c 341 § 405; 1997 c 10 § 2;
1995 c 239 § 311.]
Reviser's note: *(1) RCW 41.45.053 was repealed by 2002 c 7 § 2.
(2) This section was amended by 2001 c 180 § 1, 2001 2nd sp.s. c 11 §
12, and by 2001 2nd sp.s. c 11 § 13, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective date—2001 c 180 §§ 1 and 2: "Sections 1 and 2 of this act
take effect March 1, 2002." [2001 c 180 § 6.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—2000 c 230: See note following RCW 41.35.630.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
41.45.061
41.45.061 Required contribution rates for plan 2
members. (Effective July 1, 2006.) (1) The required contribution rate for members of the plan 2 teachers' retirement system shall be fixed at the rates in effect on July 1, 1996, subject to the following:
(a) Beginning September 1, 1997, except as provided in
(b) of this subsection, the employee contribution rate shall
not exceed the employer plan 2 and 3 rates adopted under
RCW 41.45.060, 41.45.054, and 41.45.070 for the teachers'
retirement system;
(b) In addition, the employee contribution rate for plan 2
shall be increased by fifty percent of the contribution rate
increase caused by any plan 2 benefit increase passed after
July 1, 1996;
(c) In addition, the employee contribution rate for plan 2
shall not be increased as a result of any distributions pursuant
to section 309, chapter 341, Laws of 1998 and RCW
41.31A.020.
(2) The required contribution rate for members of the
school employees' retirement system plan 2 shall equal the
(2004 Ed.)
Actuarial Funding of State Retirement Systems
school employees' retirement system employer plan 2 and 3
contribution rate adopted under RCW 41.45.060, 41.45.054,
and 41.45.070, except as provided in subsection (3) of this
section.
(3) The member contribution rate for the school employees' retirement system plan 2 shall be increased by fifty percent of the contribution rate increase caused by any plan 2
benefit increase passed after September 1, 2000.
(4) The required contribution rate for members of the
public employees' retirement system plan 2 shall be set at the
same rate as the employer combined plan 2 and plan 3 rate.
(5) The required contribution rate for members of the
law enforcement officers' and fire fighters' retirement system
plan 2 shall be set at fifty percent of the cost of the retirement
system.
(6) The employee contribution rates for plan 2 under
subsections (3) and (4) of this section shall not include any
increase as a result of any distributions pursuant to RCW
41.31A.020 and 41.31A.030.
(7) The required plan 2 and 3 contribution rates for
employers shall be adopted in the manner described in RCW
41.45.060, 41.45.054, and 41.45.070.
(8) The required contribution rate for members of the
public safety employees' retirement system plan 2 shall be set
at fifty percent of the cost of the retirement system. [2004 c
242 § 40. Prior: 2001 2nd sp.s. c 11 § 13; 2001 2nd sp.s. c
11 § 12; 2001 c 180 § 1; prior: 2000 c 247 § 506; 2000 c 230
§ 2; 1998 c 341 § 405; 1997 c 10 § 2; 1995 c 239 § 311.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective date—2001 c 180 §§ 1 and 2: "Sections 1 and 2 of this act
take effect March 1, 2002." [2001 c 180 § 6.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—2000 c 230: See note following RCW 41.35.630.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
41.45.0631
41.45.0631 Contribution rate. Beginning July 1, 2001,
the required contribution rate for members of the Washington
state patrol retirement system shall be two percent or equal to
the employer rate adopted under RCW 41.45.060 and
41.45.070 for the Washington state patrol retirement system,
whichever is greater. [2001 c 329 § 11.]
Effective date—2001 c 329: See note following RCW 43.43.120.
41.45.067
41.45.067 Failure of state or employer to make
required contribution—Resulting increase in contribution rate borne in full by state or employer—Members'
contribution deducted each payroll period. (1) Any
increase in the contribution rate required as the result of a
failure of the state or of an employer to make any contribution required by this section shall be borne in full by the state
or by that employer not making the contribution.
(2) The director shall notify all employers of any pending adjustment in the required contribution rate and such
(2004 Ed.)
41.45.070
pending adjustment in the required contribution rate and any
increase shall be announced at least thirty days prior to the
effective date of the change.
(3) Members' contributions required by RCW 41.45.060
and 41.45.061 shall be deducted from the members' compensation each payroll period. The members' contribution and
the employers' contribution shall be remitted directly to the
department within fifteen days following the end of the calendar month during which the payroll period ends.
(4) The state's contribution required for the law enforcement officers' and fire fighters' retirement system plan 2 shall
be transferred to the appropriate fund from the total contributions transferred by the state treasurer under RCW 41.45.050.
[2001 2nd sp.s. c 11 § 14; 2000 c 247 § 507.]
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
41.45.070
41.45.070 Supplemental rate (as amended by 2003 c 92). (Effective
until July 1, 2006.) (1) In addition to the basic employer contribution rate
established in RCW 41.45.060 ((or 41.45.053)), the department shall also
charge employers of public employees' retirement system, teachers' retirement system, school employees' retirement system, or Washington state
patrol retirement system members an additional supplemental rate to pay for
the cost of additional benefits, if any, granted to members of those systems.
Except as provided in subsections (6) and (7) of this section, the supplemental contribution rates required by this section shall be calculated by the state
actuary and shall be charged regardless of language to the contrary contained
in the statute which authorizes additional benefits.
(2) In addition to the basic member, employer, and state contribution
rate established in ((RCW 41.45.060 or 41.45.053)) RCW 41.45.0604 for the
law enforcement officers' and fire fighters' retirement system plan 2, the
department shall also establish ((a)) supplemental rates to pay for the cost of
additional benefits, if any, granted to members of the law enforcement officers' and fire fighters' retirement system plan 2. Except as provided in subsection (6) of this section, ((this)) these supplemental rates shall be calculated by
the actuary retained by the law enforcement officers' and fire fighters' board
and the state actuary through the process provided in RCW 41.26.720(1)(a)
and the state treasurer shall transfer the additional required contributions
regardless of language to the contrary contained in the statute which authorizes the additional benefits.
(3) The supplemental rate charged under this section to fund benefit
increases provided to active members of the public employees' retirement
system plan 1, the teachers' retirement system plan 1, and Washington state
patrol retirement system, shall be calculated as the level percentage of all
members' pay needed to fund the cost of the benefit not later than June 30,
2024.
(4) The supplemental rate charged under this section to fund benefit
increases provided to active and retired members of the public employees'
retirement system plan 2 and plan 3, the teachers' retirement system plan 2
and plan 3, or the school employees' retirement system plan 2 and plan 3((,
or the law enforcement officers' and fire fighters' retirement system plan 2,))
shall be calculated as the level percentage of all members' pay needed to fund
the cost of the benefit, as calculated under RCW 41.45.060, 41.45.061, or
41.45.067.
(5) The supplemental rate charged under this section to fund postretirement adjustments which are provided on a nonautomatic basis to current
retirees shall be calculated as the percentage of pay needed to fund the
adjustments as they are paid to the retirees. The supplemental rate charged
under this section to fund automatic postretirement adjustments for active or
retired members of the public employees' retirement system plan 1 and the
teachers' retirement system plan 1 shall be calculated as the level percentage
of pay needed to fund the cost of the automatic adjustments not later than
June 30, 2024.
(6) A supplemental rate shall not be charged to pay for the cost of additional benefits granted to members pursuant to chapter 340, Laws of 1998.
(7) A supplemental rate shall not be charged to pay for the cost of additional benefits granted to members pursuant to chapter 41.31A RCW; section
309, chapter 341, Laws of 1998; or section 701, chapter 341, Laws of 1998.
[2003 c 92 § 5. Prior: 2001 2nd sp.s. c 11 § 16; 2001 2nd sp.s. c 11 § 15;
[Title 41 RCW—page 269]
41.45.070
Title 41 RCW: Public Employment, Civil Service, and Pensions
2000 c 247 § 505; 1998 c 340 § 10; 1995 c 239 § 310; 1990 c 18 § 2; 1989
1st ex.s. c 1 § 1; 1989 c 273 § 7.]
Severability—Effective date—2003 c 92: See RCW 41.26.905 and
41.26.906.
41.45.070
41.45.070 Supplemental rate (as amended by 2003 1st sp.s. c 11).
(Effective until July 1, 2006.) (1) In addition to the basic employer contribution rate established in RCW 41.45.060 or ((41.45.053)) 41.45.054, the
department shall also charge employers of public employees' retirement system, teachers' retirement system, school employees' retirement system, or
Washington state patrol retirement system members an additional supplemental rate to pay for the cost of additional benefits, if any, granted to members of those systems. Except as provided in subsections (6) and (7) of this
section, the supplemental contribution rates required by this section shall be
calculated by the state actuary and shall be charged regardless of language to
the contrary contained in the statute which authorizes additional benefits.
(2) In addition to the basic state contribution rate established in RCW
41.45.060 or ((41.45.053)) 41.45.054 for the law enforcement officers' and
fire fighters' retirement system plan 2, the department shall also establish a
supplemental rate to pay for the cost of additional benefits, if any, granted to
members of the law enforcement officers' and fire fighters' retirement system
plan 2. Except as provided in subsection (6) of this section, this supplemental rate shall be calculated by the state actuary and the state treasurer shall
transfer the additional required contributions regardless of language to the
contrary contained in the statute which authorizes the additional benefits.
(3) The supplemental rate charged under this section to fund benefit
increases provided to active members of the public employees' retirement
system plan 1, the teachers' retirement system plan 1, and Washington state
patrol retirement system, shall be calculated as the level percentage of all
members' pay needed to fund the cost of the benefit not later than June 30,
2024.
(4) The supplemental rate charged under this section to fund benefit
increases provided to active and retired members of the public employees'
retirement system plan 2 and plan 3, the teachers' retirement system plan 2
and plan 3, the school employees' retirement system plan 2 and plan 3, or the
law enforcement officers' and fire fighters' retirement system plan 2, shall be
calculated as the level percentage of all members' pay needed to fund the cost
of the benefit, as calculated under RCW 41.45.060, 41.45.061, or 41.45.067.
(5) The supplemental rate charged under this section to fund postretirement adjustments which are provided on a nonautomatic basis to current
retirees shall be calculated as the percentage of pay needed to fund the
adjustments as they are paid to the retirees. The supplemental rate charged
under this section to fund automatic postretirement adjustments for active or
retired members of the public employees' retirement system plan 1 and the
teachers' retirement system plan 1 shall be calculated as the level percentage
of pay needed to fund the cost of the automatic adjustments not later than
June 30, 2024.
(6) A supplemental rate shall not be charged to pay for the cost of additional benefits granted to members pursuant to chapter 340, Laws of 1998.
(7) A supplemental rate shall not be charged to pay for the cost of additional benefits granted to members pursuant to chapter 41.31A RCW; section
309, chapter 341, Laws of 1998; or section 701, chapter 341, Laws of 1998.
[2003 1st sp.s. c 11 § 3. Prior: 2001 2nd sp.s. c 11 § 16; 2001 2nd sp.s. c 11
§ 15; 2000 c 247 § 505; 1998 c 340 § 10; 1995 c 239 § 310; 1990 c 18 § 2;
1989 1st ex.s. c 1 § 1; 1989 c 273 § 7.]
Effective date—1990 c 18: See note following RCW 41.45.060.
Benefits not contractual right until date specified: RCW 41.34.100.
41.45.070
41.45.070 Supplemental rate. (Effective July 1, 2006.) (1) In addition to the basic employer contribution rate established in RCW 41.45.060 or
41.45.054, the department shall also charge employers of public employees'
retirement system, teachers' retirement system, school employees' retirement
system, public safety employees' retirement system, or Washington state
patrol retirement system members an additional supplemental rate to pay for
the cost of additional benefits, if any, granted to members of those systems.
Except as provided in subsections (6) and (7) of this section, the supplemental contribution rates required by this section shall be calculated by the state
actuary and shall be charged regardless of language to the contrary contained
in the statute which authorizes additional benefits.
(2) In addition to the basic member, employer, and state contribution
rate established in RCW 41.45.0604 for the law enforcement officers' and
fire fighters' retirement system plan 2, the department shall also establish
supplemental rates to pay for the cost of additional benefits, if any, granted
to members of the law enforcement officers' and fire fighters' retirement system plan 2. Except as provided in subsection (6) of this section, these supplemental rates shall be calculated by the actuary retained by the law
enforcement officers' and fire fighters' board and the state actuary through
the process provided in RCW 41.26.720(1)(a) and the state treasurer shall
transfer the additional required contributions regardless of language to the
contrary contained in the statute which authorizes the additional benefits.
(3) The supplemental rate charged under this section to fund benefit
increases provided to active members of the public employees' retirement
system plan 1, the teachers' retirement system plan 1, and Washington state
patrol retirement system, shall be calculated as the level percentage of all
members' pay needed to fund the cost of the benefit not later than June 30,
2024.
(4) The supplemental rate charged under this section to fund benefit
increases provided to active and retired members of the public employees'
retirement system plan 2 and plan 3, the teachers' retirement system plan 2
and plan 3, the public safety employees' retirement system plan 2, or the
school employees' retirement system plan 2 and plan 3 shall be calculated as
the level percentage of all members' pay needed to fund the cost of the benefit, as calculated under RCW 41.45.060, 41.45.061, or 41.45.067.
(5) The supplemental rate charged under this section to fund postretirement adjustments which are provided on a nonautomatic basis to current
retirees shall be calculated as the percentage of pay needed to fund the
adjustments as they are paid to the retirees. The supplemental rate charged
under this section to fund automatic postretirement adjustments for active or
retired members of the public employees' retirement system plan 1 and the
teachers' retirement system plan 1 shall be calculated as the level percentage
of pay needed to fund the cost of the automatic adjustments not later than
June 30, 2024.
(6) A supplemental rate shall not be charged to pay for the cost of additional benefits granted to members pursuant to chapter 340, Laws of 1998.
(7) A supplemental rate shall not be charged to pay for the cost of additional benefits granted to members pursuant to chapter 41.31A RCW; section
309, chapter 341, Laws of 1998; or section 701, chapter 341, Laws of 1998.
[2004 c 242 § 41. Prior: 2003 1st sp.s. c 11 § 3; 2003 c 92 § 5; prior: 2001
2nd sp.s. c 11 § 16; 2001 2nd sp.s. c 11 § 15; 2000 c 247 § 505; 1998 c 340
§ 10; 1995 c 239 § 310; 1990 c 18 § 2; 1989 1st ex.s. c 1 § 1; 1989 c 273 § 7.]
Reviser's note: RCW 41.45.070 was amended twice during the 2003
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Effective date—2003 1st sp.s. c 11: See note following RCW
41.45.035.
Effective date—2003 1st sp.s. c 11: See note following RCW
41.45.035.
Severability—Effective date—2003 c 92: See RCW 41.26.905 and
41.26.906.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.010.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Effective date—1998 c 341: See RCW 41.35.901.
Effective date—1998 c 340: See note following RCW 41.31.010.
Effective date—1998 c 340: See note following RCW 41.31.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
[Title 41 RCW—page 270]
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
(2004 Ed.)
Actuarial Funding of State Retirement Systems
Effective date—1990 c 18: See note following RCW 41.45.060.
Benefits not contractual right until date specified: RCW 41.34.100.
41.45.080
41.45.080 Additional contributions may be required.
In addition to the basic and supplemental employer contributions required by RCW 41.45.060, *41.45.053, and
41.45.070, the department may also require additional
employer contributions as provided by law. [2001 2nd sp.s. c
11 § 17; 1989 c 273 § 8.]
41.45.902
actuarial valuation performed by the state actuary. At least
once in each six-year period, the pension funding council
shall solicit and administer an actuarial audit of the results of
the experience study required in RCW 41.45.090. Upon
receipt of the results of the actuarial audits required by this
section, the pension funding council shall submit the results
to the select committee on pension policy. [2003 c 295 § 10;
1998 c 283 § 3.]
41.45.120
*Reviser's note: RCW 41.45.053 was repealed by 2002 c 7 § 2.
Effective date—2001 2nd sp.s. c 11: See note following RCW
41.45.030.
41.45.090
41.45.090 Collection of actuarial data. The department shall collect and keep in convenient form such data as
shall be necessary for an actuarial valuation of the assets and
liabilities of the state retirement systems, and for making an
actuarial investigation into the mortality, service, compensation, and other experience of the members and beneficiaries
of those systems. The department and state actuary shall
enter into a memorandum of understanding regarding the
specific data the department will collect, when it will be collected, and how it will be maintained. The department shall
notify the state actuary of any changes it makes, or intends to
make, in the collection and maintenance of such data.
At least once in each six-year period, the state actuary
shall conduct an actuarial experience study of the mortality,
service, compensation and other experience of the members
and beneficiaries of each state retirement system, and into the
financial condition of each system. The results of each investigation shall be filed with the department, the office of financial management, the budget writing committees of the
Washington house of representatives and senate, the select
committee on pension policy, and the pension funding council. Upon the basis of such actuarial investigation the department shall adopt such tables, schedules, factors, and regulations as are deemed necessary in the light of the findings of
the actuary for the proper operation of the state retirement
systems. [2003 c 295 § 9; 1998 c 283 § 7; 1989 c 273 § 9.]
41.45.100
41.45.100 Pension funding council—Created. (1) The
pension funding council is hereby created. The council consists of the:
(a) Director of the department of retirement systems;
(b) Director of the office of financial management;
(c) Chair and ranking minority member of the house of
representatives appropriations committee; and
(d) Chair and ranking minority member of the senate
ways and means committee.
The council may select officers as the members deem
necessary.
(2) The pension funding council shall adopt changes to
economic assumptions and contribution rates by an affirmative vote of at least four members. [1998 c 283 § 2.]
41.45.110
41 . 45 .1 10 Pen sion fun ding c o uncil—Au dits
required—Select committee on pension policy. The pension funding council shall solicit and administer a biennial
actuarial audit of the actuarial valuations used for rate-setting
purposes. This audit will be conducted concurrent with the
(2004 Ed.)
41.45.120 Pension funding work group. (1) A pension
funding work group is hereby created. The work group shall
consist of one staff member selected by the executive head or
chairperson of each of the following agencies or committees:
(a) Department of retirement systems;
(b) Office of financial management;
(c) State investment board;
(d) Ways and means committee of the senate;
(e) Appropriations committee of the house of representatives; and
(f) Economic and revenue forecast council.
(2) The state actuary shall make available to the work
group information related to economic assumptions and contribution rates.
(3) The pension funding work group shall provide support to the pension funding council. Meetings of the pension
funding work group may be called by any member of the
group for the purpose of assisting the pension funding council, reviewing actuarial valuations of the state retirement systems, reviewing economic assumptions, or for any other purpose which may assist the pension funding council.
(4) Recommendations from both affected employee and
employer groups will be actively sought during the work
group process. The work group shall conduct an open public
meeting on these recommendations. [1998 c 283 § 4.]
41.45.130
41.45.130 Public employees' retirement system plan
2 assets divided—Assets transferred to school employees'
retirement system. Upon the advice of the state actuary, the
state treasurer shall divide the assets in the public employees'
retirement system plan 2 as of September 1, 2000, in such a
manner that sufficient assets remain in plan 2 to maintain the
employee contribution rate calculated in the latest actuarial
valuation of the public employees' retirement system plan 2.
The state actuary shall take into account changes in assets
that occur between the latest actuarial valuation and the date
of transfer. The balance of the assets shall be transferred to
the Washington school employees' retirement system plan 2
and 3. [1998 c 341 § 407.]
Effective date—1998 c 341: See RCW 41.35.901.
41.45.900
41.45.900 Severability—1989 c 273. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 273 § 32.]
41.45.902
41.45.902 Severability—2001 2nd sp.s. c 11. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
[Title 41 RCW—page 271]
Chapter 41.47
Title 41 RCW: Public Employment, Civil Service, and Pensions
application of the provision to other persons or circumstances
is not affected. [2001 2nd sp.s. c 11 § 19.]
embraced herein. [1941 c 205 § 4; Rem. Supp. 1941 §
9998-60. Formerly RCW 74.40.040.]
Chapter 41.47 RCW
ACCEPTANCE OF OLD AGE AND SURVIVORS'
INSURANCE—1941 ACT
41.47.050 Contingent effective date. This chapter
shall take effect at the time and in the manner provided by the
state Constitution unless at that time the federal social security act has not been amended to cover officials and employees of the state, county, city and other municipal corporations
and political subdivisions, in which event it shall take effect
and become operative on the first day of the second month
following the month when such federal act shall become
applicable to such state officials and employees. [1941 c 205
§ 5; Rem. Supp. 1941 § 9998-61. Formerly RCW 74.40.050.]
41.47.050
Chapter 41.47
Sections
41.47.010
41.47.020
41.47.030
41.47.040
41.47.050
Benefits of federal act accepted.
Wage deductions.
Operation of statute limited.
Severability as to coverage.
Contingent effective date.
Designation of agency to carry out federal social security disability program: RCW 43.17.120, 43.17.130.
Chapter 41.48
41.47.010
41.47.010 Benefits of federal act accepted. The state
of Washington in behalf of all its eligible officials and
employees and the eligible officials and employees of all its
counties, cities and towns, and of any and all other of its
municipal corporations and political subdivisions which levy
taxes and employ and pay salaries and wages to officials and
employees including public utility districts, hereby accepts
the benefits of the old age and survivors' insurance benefit
provisions of the federal social security act, whenever the
provisions of such act are extended to embrace such officials
and employees. [1941 c 205 § 1; Rem. Supp. 1941 §
9998-57. Formerly RCW 74.40.010.]
41.47.020
41.47.020 Wage deductions. Any and all officials and
boards having charge of the preparation of payrolls and payment of salaries and wages to such eligible officials and
employees are hereby authorized and directed to make payroll and salary and wage deductions and to handle and dispose of the same as required by such federal act; and any official or board being authorized to disburse funds respectively
for the office, department or division of the state, county, city
or town, or other municipal corporation or political subdivision in which any such eligible official or employee is
employed is authorized to pay and disburse out of any funds
available for the operation and maintenance of such office,
department or division such sums and dispose of and handle
the same in such manner as is required and necessary to make
payments and benefits of said federal act available to such
eligible officials and employees. [1941 c 205 § 2; Rem.
Supp. 1941 § 9998-58. Formerly RCW 74.40.020.]
Chapter 41.48 RCW
FEDERAL SOCIAL SECURITY FOR
PUBLIC EMPLOYEES
Sections
41.48.010
41.48.020
41.48.030
41.48.040
41.48.050
41.48.060
41.48.065
41.48.070
41.48.080
41.48.090
41.48.100
41.48.110
41.48.120
41.48.130
41.48.140
41.48.150
41.48.160
41.48.170
41.48.180
Purpose—Construction.
Definitions.
Agreement with secretary of health, education, and welfare.
Employees' contributions.
Extension of social security benefits to employees of political
subdivisions—Termination, procedure.
OASI contribution account.
OASI revolving fund.
Employees may elect.
Administration costs—Allocation.
Rules and regulations.
Governor may delegate authority.
Legislative declaration—Payments to state employees on
account of sickness.
Sick leave account created—Payments to state employees on
account of sickness—Exclusion from wages.
Sick leave payments—Accounting plan and payroll procedures.
Establishment of sick leave rules by personnel authorities.
Definition—"Employee."
Political subdivisions—Sick leave payments—Adoption of
accounting plan and payroll procedures.
Sick leave payments—Transfers of moneys to sick leave
account.
Sick leave payments—Inclusion in reports to retirement system—Compensation for unused sick leave.
Acceptance of old age and survivors' insurance: Chapter 41.47 RCW.
Application forms—Licenses—Mention of race or religion prohibited—Penalty: RCW 43.01.100.
Hours and wages of department of social and health services personnel:
RCW 72.01.042, 72.01.043.
Plan for OASI coverage of members of
state employees' retirement system: Chapter 41.41 RCW.
teachers' retirement system: Chapter 41.33 RCW.
Trusts for employee benefits: Chapter 49.64 RCW.
41.47.030
41.47.030 Operation of statute limited. Nothing contained in this chapter shall deprive any person of benefits
under any existing pension system, nor repeal, amend, modify or supersede any law, charter amendment or ordinance
establishing or pertaining to an existing pension system.
[1941 c 205 § 3; Rem. Supp. 1941 § 9998-59. Formerly RCW
74.40.030.]
41.47.040
41.47.040 Severability as to coverage. If it is found by
any judicial authority of competent jurisdiction that the provisions of this chapter may not become applicable to any
group of officials or employees for any reason, such inapplicability shall not prevent the same from becoming applicable
as herein provided to the other officials and employees
[Title 41 RCW—page 272]
41.48.010 Purpose—Construction. In order to extend
to employees of the state and its political subdivisions and to
the dependents and survivors of such employees, the basic
protection accorded to others by the old age and survivors
insurance system embodied in the social security act, it is
hereby declared to be the policy of the legislature, subject to
the limitations of this chapter, that such steps be taken as to
provide such protection to employees of the state and its
political subdivisions on as broad a basis as is permitted
under the social security act. Persons now members of or protected by any state or local pension or retirement plan or system may be covered under the federal social security act only
as provided by the federal social security act amendments of
41.48.010
(2004 Ed.)
Federal Social Security for Public Employees
1954. (Public Law No. 761.) It is hereby declared to be the
policy of the legislature in enacting the succeeding sections
of this title that the protection afforded the employees in positions covered by a retirement system on the date an agreement under this title is made applicable to service performed
in such positions, or receiving periodic benefits under such
retirement system at such time, will not be impaired as the
result of making the agreements so applicable whether the
agreement provides for supplementation, integration or coordination. [1955 ex.s. c 4 § 1; 1951 c 184 § 1.]
41.48.020
41.48.020 Definitions. For the purposes of this chapter:
(1) "Wages" means all remuneration for employment as
defined herein, including the cash value of all remuneration
paid in any medium other than cash, except that such term
shall not include that part of such remuneration which, even
if it were for "employment" within the meaning of the federal
insurance contributions act, would not constitute "wages"
within the meaning of that act;
(2) "Employment" means any service performed by an
employee in the employ of the state, or any political subdivision thereof, for such employer, except (a) service which in
the absence of an agreement entered into under this chapter
would constitute "employment" as defined in the social security act; or (b) service which under the social security act may
not be included in an agreement between the state and the
secretary of health, education, and welfare entered into under
this chapter;
(3) "Employee" includes all officers and employees of
the state or its political subdivisions except officials compensated on a fee basis;
(4) "Secretary of health, education, and welfare"
includes any individual to whom the secretary of health, education, and welfare has delegated any of his functions under
the social security act with respect to coverage under such act
of employees of states and their political subdivisions, and
with respect to any action taken prior to April 11, 1953,
includes the federal security administrator and any individual
to whom such administrator has delegated any such function;
(5) "Political subdivision" includes an instrumentality of
the state, of one or more of its political subdivisions, or of the
state and one or more of its political subdivisions. Such term
also includes a proprietary enterprise acquired, purchased or
originated by the state or any of its political subdivisions subsequent to December, 1950. Such a subdivision may elect to
accept federal OASI coverage under this chapter.
(6) "Federal insurance contributions act" means subchapter A of chapter 9 of the federal internal revenue code of
1939 and subchapters A and B of chapter 21 of the federal
internal revenue code of 1954, as such codes have been and
may from time to time be amended; and the term "employee
tax" means the tax imposed by section 1400 of such code of
1939 and section 3101 of such code of 1954. [1955 ex.s. c 4
§ 2; 1953 c 62 § 1; 1951 c 184 § 2.]
41.48.030
41.48.030 Agreement with secretary of health, education, and welfare. (1) The governor is hereby authorized to
enter on behalf of the state into an agreement with the secretary of health, education, and welfare consistent with the
terms and provisions of this chapter, for the purpose of
(2004 Ed.)
41.48.030
extending the benefits of the federal old-age and survivors
insurance system to employees of the state or any political
subdivision not members of an existing retirement system, or
to members of a retirement system established by the state or
by a political subdivision thereof or by an institution of
higher learning with respect to services specified in such
agreement which constitute "employment" as defined in
RCW 41.48.020. Such agreement may contain such provisions relating to coverage, benefits, contributions, effective
date, modification and termination of the agreement, administration, and other appropriate provisions as the governor
and secretary of health, education, and welfare shall agree
upon, but, except as may be otherwise required by or under
the social security act as to the services to be covered, such
agreement shall provide in effect that—
(a) Benefits will be provided for employees whose services are covered by the agreement (and their dependents and
survivors) on the same basis as though such services constituted employment within the meaning of title II of the social
security act;
(b) The state will pay to the secretary of the treasury, at
such time or times as may be prescribed under the social
security act, contributions with respect to wages (as defined
in RCW 41.48.020), equal to the sum of the taxes which
would be imposed by the federal insurance contributions act
if the services covered by the agreement constituted employment within the meaning of that act;
(c) Such agreement shall be effective with respect to services in employment covered by the agreement or modification thereof performed after a date specified therein but in no
event may it be effective with respect to any such services
performed prior to the first day of the calendar year immediately preceding the calendar year in which such agreement or
modification of the agreement is accepted by the secretary of
health, education and welfare.
(d) All services which constitute employment as defined
in RCW 41.48.020 and are performed in the employ of the
state by employees of the state, shall be covered by the agreement;
(e) All services which (i) constitute employment as
defined in RCW 41.48.020, (ii) are performed in the employ
of a political subdivision of the state, and (iii) are covered by
a plan which is in conformity with the terms of the agreement
and has been approved by the governor under RCW
41.48.050, shall be covered by the agreement; and
(f) As modified, the agreement shall include all services
described in either paragraph (d) or paragraph (e) of this subsection and performed by individuals to whom section
218(c)(3)(C) of the social security act is applicable, and shall
provide that the service of any such individual shall continue
to be covered by the agreement in case he thereafter becomes
eligible to be a member of a retirement system; and
(g) As modified, the agreement shall include all services
described in either paragraph (d) or paragraph (e) of this subsection and performed by individuals in positions covered by
a retirement system with respect to which the governor has
issued a certificate to the secretary of health, education, and
welfare pursuant to subsection (5) of this section.
(h) Law enforcement officers and firemen of each political subdivision of this state who are covered by the Washington Law Enforcement Officers' and Fire Fighters' Retirement
[Title 41 RCW—page 273]
41.48.040
Title 41 RCW: Public Employment, Civil Service, and Pensions
System Act (chapter 209, Laws of 1969 ex. sess.) as now in
existence or hereafter amended shall constitute a separate
"coverage group" for purposes of the agreement entered into
under this section and for purposes of section 218 of the
social security act. To the extent that the agreement between
this state and the federal secretary of health, education, and
welfare in existence on the date of adoption of this subsection
is inconsistent with this subsection, the governor shall seek to
modify the inconsistency.
(2) Any instrumentality jointly created by this state and
any other state or states is hereby authorized, upon the granting of like authority by such other state or states, (a) to enter
into an agreement with the secretary of health, education, and
welfare whereby the benefits of the federal old-age and survivors insurance system shall be extended to employees of such
instrumentality, (b) to require its employees to pay (and for
that purpose to deduct from their wages) contributions equal
to the amounts which they would be required to pay under
RCW 41.48.040(1) if they were covered by an agreement
made pursuant to subsection (1) of this section, and (c) to
make payments to the secretary of the treasury in accordance
with such agreement, including payments from its own funds,
and otherwise to comply with such agreements. Such agreement shall, to the extent practicable, be consistent with the
terms and provisions of subsection (1) and other provisions
of this chapter.
(3) The governor is empowered to authorize a referendum, and to designate an agency or individual to supervise its
conduct, in accordance with the requirements of section
218(d)(3) of the social security act, and subsection (4) of this
section on the question of whether service in all positions
covered by a retirement system established by the state or by
a political subdivision thereof should be excluded from or
included under an agreement under this chapter. If a retirement system covers positions of employees of the state of
Washington, of the institutions of higher learning, and positions of employees of one or more of the political subdivisions of the state, then for the purpose of the referendum as
provided herein, there may be deemed to be a separate retirement system with respect to employees of the state, or any
one or more of the political subdivisions, or institutions of
higher learning and the governor shall authorize a referendum upon request of the subdivisions' or institutions' of
higher learning governing body: PROVIDED HOWEVER,
That if a referendum of state employees generally fails to produce a favorable majority vote then the governor may authorize a referendum covering positions of employees in any
state department who are compensated in whole or in part
from grants made to this state under title III of the federal
social security act: PROVIDED, That any city or town affiliated with the statewide city employees retirement system
organized under chapter 41.44 RCW may at its option agree
to a plan submitted by the board of trustees of said statewide
city employees retirement system for inclusion under an
agreement under this chapter if the referendum to be held as
provided herein indicates a favorable result: PROVIDED
FURTHER, That the teachers' retirement system be considered one system for the purpose of the referendum except as
applied to the several *colleges of education. The notice of
referendum required by section 218(d)(3)(C) of the social
security act to be given to employees shall contain or shall be
[Title 41 RCW—page 274]
accompanied by a statement, in such form and such detail as
the agency or individual designated to supervise the referendum shall deem necessary and sufficient, to inform the
employees of the rights which will accrue to them and their
dependents and survivors, and the liabilities to which they
will be subject, if their services are included under an agreement under this chapter.
(4) The governor, before authorizing a referendum, shall
require the following conditions to be met:
(a) The referendum shall be by secret written ballot on
the question of whether service in positions covered by such
retirement system shall be excluded from or included under
the agreement between the governor and the secretary of
health, education, and welfare provided for in RCW
41.48.030(1);
(b) An opportunity to vote in such referendum shall be
given and shall be limited to eligible employees;
(c) Not less than ninety days' notice of such referendum
shall be given to all such employees;
(d) Such referendum shall be conducted under the supervision (of the governor or) of an agency or individual designated by the governor;
(e) The proposal for coverage shall be approved only if a
majority of the eligible employees vote in favor of including
services in such positions under the agreement;
(f) The state legislature, in the case of a referendum
affecting the rights and liabilities of state employees covered
under the state employees' retirement system and employees
under the teachers' retirement system, and in all other cases
the local legislative authority or governing body, shall have
specifically approved the proposed plan and approved any
necessary structural adjustment to the existing system to conform with the proposed plan.
(5) Upon receiving satisfactory evidence that with
respect to any such referendum the conditions specified in
subsection (4) of this section and section 218(d)(3) of the
social security act have been met, the governor shall so certify to the secretary of health, education, and welfare.
(6) If the legislative body of any political subdivision of
this state certifies to the governor that a referendum has been
held under the terms of RCW 41.48.050(1)(i) and gives
notice to the governor of termination of social security for
any coverage group of the political subdivision, the governor
shall give two years advance notice in writing to the federal
department of health, education, and welfare of such termination of the agreement entered into under this section with
respect to said coverage group. [1971 ex.s. c 257 § 19; 1967
c 5 § 1; 1957 c 170 § 1; 1955 ex.s. c 4 § 3; 1951 c 184 § 3.]
*Reviser's note: The "colleges of education" were redesignated state
colleges by 1961 c 62 § 1, formerly RCW 28.81.005, decodified in the 1969
education code. See also RCW 28B.10.016.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
41.48.040
41.48.040 Employees' contributions. (1) Every
employee of the state whose services are covered by an
agreement entered into under RCW 41.48.030 shall be
required to pay for the period of such coverage, into the *contribution fund established by RCW 41.48.060, contributions,
with respect to wages (as defined in RCW 41.48.020), equal
to the amount of employee tax which would be imposed by
(2004 Ed.)
Federal Social Security for Public Employees
the federal insurance contributions act if such services constituted employment within the meaning of that act. Such liability shall arise in consideration of the employees' retention in
the service of the state, or his entry upon such service, after
the enactment of this chapter.
(2) The contribution imposed by this section shall be collected by deducting the amount of the contribution from
wages as and when paid, but failure to make such deduction
shall not relieve the employee from liability for such contribution.
(3) If more or less than the correct amount of the contribution imposed by this section is paid or deducted with
respect to any remuneration, proper adjustments, or refund if
adjustment is impracticable, shall be made, without interest,
in such manner and at such times as the state agency shall
prescribe. [1955 ex.s. c 4 § 4; 1951 c 184 § 4.]
*Reviser's note: The "OASI contribution fund" was redesignated the
"OASI contribution account" by 1991 sp.s. c 13 § 112.
41.48.050
41.48.050 Extension of social security benefits to
employees of political subdivisions—Termination, procedure. (1) Each political subdivision of the state is hereby
authorized to submit for approval by the governor a plan for
extending the benefits of title II of the social security act, in
conformity with the applicable provisions of such act, to
those employees of such political subdivisions who are not
covered by an existing pension or retirement system. Each
pension or retirement system established by the state or a
political subdivision thereof is hereby authorized to submit
for approval by the governor a plan for extending the benefits
of title II of the social security act, in conformity with applicable provisions of such act, to members of such pension or
retirement system. Each such plan and any amendment
thereof shall be approved by the governor if he finds that such
plan, or such plan as amended, is in conformity with such
requirements as are provided in regulations of the governor,
except that no such plan shall be approved unless—
(a) It is in conformity with the requirements of the social
security act and with the agreement entered into under RCW
41.48.030;
(b) It provides that all services which constitute employment as defined in RCW 41.48.020 and are performed in the
employ of the political subdivision by employees thereof,
shall be covered by the plan;
(c) It specifies the source or sources from which the
funds necessary to make the payments required by paragraph
(a) of subsection (3) and by subsection (4) of this section are
expected to be derived and contains reasonable assurance that
such sources will be adequate for such purposes;
(d) It provides that in the plan of coverage for members
of the state teachers' retirement system or for state employee
members of the state employees' retirement system, there
shall be no additional cost to or involvement of the state until
such plan has received prior approval by the legislature;
(e) It provides for such methods of administration of the
plan by the political subdivision as are found by the governor
to be necessary for the proper and efficient administration of
the plan;
(f) It provides that the political subdivision will make
such reports, in such form and containing such information,
as the governor may from time to time require and comply
(2004 Ed.)
41.48.050
with such provisions as the governor or the secretary of
health, education, and welfare may from time to time find
necessary to assure the correctness and verification of such
reports; and
(g) It authorizes the governor to terminate the plan in its
entirety, in his discretion, if he finds that there has been a failure to comply substantially with any provision contained in
such plan, such termination to take effect at the expiration of
such notice and on such conditions as may be provided by
regulations of the governor and may be consistent with the
provisions of the social security act.
(h) It provides that law enforcement officers and fire
fighters of each political subdivision of this state who are
covered by the Washington Law Enforcement Officers' and
Fire Fighters' Retirement System Act (chapter 209, Laws of
1969 ex. sess.) as now in existence or hereafter amended shall
constitute a separate "coverage group" for purposes of the
plan or agreement entered into under this section and for purposes of section 216 of the social security act. To the extent
that the plan or agreement entered into between the state and
any political subdivision of this state is inconsistent with this
subsection, the governor shall seek to modify the inconsistency.
(i) It provides that the plan or agreement may be terminated by any political subdivision as to any such coverage
group upon giving at least two years advance notice in writing to the governor, effective at the end of the calendar quarter specified in the notice. It shall specify that before notice of
such termination is given, a referendum shall be held among
the members of the coverage group under the following conditions:
(i) The referendum shall be conducted under the supervision of the legislative body of the political subdivision.
(ii) Not less than sixty days' notice of such referendum
shall be given to members of the coverage group.
(iii) An opportunity to vote by secret ballot in such referendum shall be given and shall be limited to all members of
the coverage group.
(iv) The proposal for termination shall be approved only
if a majority of the coverage group vote in favor of termination.
(v) If a majority of the coverage group vote in favor of
termination, the legislative body of the political subdivision
shall certify the results of the referendum to the governor and
give notice of termination of such coverage group.
(2) The governor shall not finally refuse to approve a
plan submitted by a political subdivision under subsection
(1), and shall not terminate an approved plan, without reasonable notice and opportunity for hearing to the political subdivision affected thereby.
(3)(a) Each political subdivision as to which a plan has
been approved under this section shall pay into the *contribution fund, with respect to wages (as defined in RCW
41.48.020), at such time or times as the governor may by regulation prescribe, contributions in the amounts and at the
rates specified in the applicable agreement entered into by the
governor under RCW 41.48.030.
(b) Each political subdivision required to make payments under paragraph (a) of this subsection is authorized, in
consideration of the employee's retention in, or entry upon,
employment after enactment of this chapter, to impose upon
[Title 41 RCW—page 275]
41.48.060
Title 41 RCW: Public Employment, Civil Service, and Pensions
each of its employees, as to services which are covered by an
approved plan, a contribution with respect to his wages (as
defined in RCW 41.48.020), not exceeding the amount of
employee tax which is imposed by the federal insurance contributions act, and to deduct the amount of such contribution
from his wages as and when paid. Contributions so collected
shall be paid into the *OASI contribution fund in partial discharge of the liability of such political subdivision or instrumentality under paragraph (a) of this subsection. Failure to
deduct such contribution shall not relieve the employee or
employer of liability therefor.
(4) Delinquent reports and payments due under paragraph (f) of subsection (1) and paragraph (a) of subsection (3)
of this section will be subject to an added interest charge of
six percent per year or, if higher, the rate chargeable to the
state by the secretary by virtue of federal law, if the late
report or payment contributes to any federal penalty for late
filing of reports or for late deposit of contributions. Delinquent contributions, interest and penalties may be recovered
by civil action or may, at the request of the governor, be
deducted from any other moneys payable to the political subdivision by any department or agency of the state. [1981 c
119 § 1; 1971 ex.s. c 257 § 20; 1955 ex.s. c 4 § 5; 1951 c 184
§ 5.]
*Reviser's note: The "OASI contribution fund" was redesignated the
"OASI contribution account" by 1991 sp.s. c 13 § 112.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW
41.26.030.
Law enforcement officers' and fire fighters' retirement system: Chapter
41.26 RCW.
Public employees' retirement system: Chapter 41.40 RCW.
Teachers' retirement system: Chapter 41.32 RCW.
41.48.060
41.48.060 OASI contribution account. (1) There is
hereby established a special account in the state treasury to be
known as the OASI contribution account. Such account shall
consist of and there shall be deposited in such account: (a)
All contributions and penalties collected under RCW
41.48.040 and 41.48.050; (b) all moneys appropriated thereto
under this chapter; (c) any property or securities belonging to
the account; and (d) all sums recovered upon the bond of the
custodian or otherwise for losses sustained by the account
and all other moneys received for the account from any other
source. All moneys in the account shall be mingled and undivided. Subject to the provisions of this chapter, the governor
is vested with full power, authority and jurisdiction over the
account, including all moneys and property or securities
belonging thereto, and may perform any and all acts whether
or not specifically designated, which are necessary to the
administration thereof and are consistent with the provisions
of this chapter.
(2) The OASI contribution account shall be established
and held separate and apart from any other funds of the state
and shall be used and administered exclusively for the purpose of this chapter. Withdrawals from such account shall be
made for, and solely for (a) payment of amounts required to
be paid to the secretary of the treasury pursuant to an agreement entered into under RCW 41.48.030; (b) payment of
refunds provided for in RCW 41.48.040(3); and (c) refunds
of overpayments, not otherwise adjustable, made by a political subdivision or instrumentality.
[Title 41 RCW—page 276]
(3) From the OASI contribution account the custodian of
the fund [account] shall pay to the secretary of the treasury
such amounts and at such time or times as may be directed by
the governor in accordance with any agreement entered into
under RCW 41.48.030 and the social security act.
(4) The treasurer of the state shall be ex officio treasurer
and custodian of the OASI contribution account and shall
administer such account in accordance with the provisions of
this chapter and the directions of the governor and shall pay
all warrants drawn upon it in accordance with the provisions
of this section and with the regulations as the governor may
prescribe pursuant thereto. [1991 sp.s. c 13 § 112; 1973 c 126
§ 14; 1967 c 213 § 1; 1951 c 184 § 6.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
41.48.065
41.48.065 OASI revolving fund. There is hereby
established a separate fund in the custody of the state treasurer to be known as the OASI revolving fund. The fund shall
consist of all moneys designated for deposit in the fund. The
OASI revolving fund shall be used exclusively for the purpose of this section. Withdrawals from the fund shall be made
for the payment of amounts the state may be obligated to pay
or forfeit by reason of any failure of any public agency to pay
assessments on contributions or interest assessments required
under the federal-state agreement under this chapter or federal regulations.
The treasurer of the state shall be ex officio treasurer and
custodian of the fund and shall administer the fund in accordance with this chapter and the directions of the governor and
shall pay all amounts drawn upon it in accordance with this
section and with the regulations the governor may prescribe
under this section. [1991 sp.s. c 13 § 111; 1983 1st ex.s. c 6
§ 1.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Establishment of fund—1983 1st ex.s. c 6: "For the purpose of establishing the OASI revolving fund, the state treasurer shall transfer from the
interest earnings accrued in the OASI contribution fund the sum of twenty
thousand dollars to the OASI revolving fund." [1983 1st ex.s. c 6 § 2.]
41.48.070
41.48.070 Employees may elect. The governing body
of any political subdivision having any coverage group, as
the term is defined in title II of the social security act, not covered by a state or municipal retirement system may submit for
an advisory vote to the members of such coverage group the
question of whether they prefer coverage by federal old-age
and survivors insurance or coverage by a state or municipal
retirement system. [1951 c 184 § 7.]
41.48.080
41.48.080 Administration costs—Allocation. All
costs allocable to the administration of this chapter shall be
charged to and paid to the general fund by the participating
divisions and instrumentalities of the state pro rata according
to their respective contributions. [1951 c 184 § 9.]
41.48.090
41.48.090 Rules and regulations. The governor shall
make and publish such rules and regulations, not inconsistent
with the provisions of this chapter, as he finds necessary or
appropriate to the efficient administration of the functions
(2004 Ed.)
Department of Retirement Systems
with which he is charged under this chapter. [1951 c 184 §
10.]
Chapter 41.50
Severability—1979 c 152: See note following RCW 41.48.120.
41.48.160
41.48.100
41.48.100 Governor may delegate authority. Any
authority conferred upon the governor by this chapter may be
exercised by an official or state agency designated by him.
[1951 c 184 § 11.]
41.48.110
41.48.110 Legislative declaration—Payments to state
employees on account of sickness. It is the policy of the
state of Washington to pay its employees on account of sickness or accident disability in accordance with applicable
leave regulations and in such a manner so such payments are
excluded from federal old age and survivors' insurance contribution requirements. [1979 ex.s. c 247 § 3.]
41.48.120
41.48.120 Sick leave account created—Payments to
state employees on account of sickness—Exclusion from
wages. There is created in the general fund a separate
account to be known as the sick leave account, to be used for
payments made after January 1, 1980, to state employees
made on account of sickness, for the purpose of excluding
such payments from the meaning of "wages" under federal
old age and survivors' insurance. The legislature shall appropriate amounts necessary for the account. [1979 c 152 § 1.]
Severability—1979 c 152: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1979 c 152 § 8.]
41.48.160 Political subdivisions—Sick leave payments—Adoption of accounting plan and payroll procedures. A political subdivision of the state may, pursuant to
ordinance or resolution, adopt an accounting plan and payroll
procedures sufficient to meet the requirements of federal statutes and regulations and the department of health, education,
and welfare for the purpose of excluding payments made on
account of sickness, from the meaning of "wages" under federal old age and survivors' insurance. [1979 c 152 § 5.]
Severability—1979 c 152: See note following RCW 41.48.120.
41.48.170
41.48.170 Sick leave payments—Transfers of moneys
to sick leave account. The office of financial management
shall direct the state treasurer to, and the state treasurer shall,
periodically transfer to the sick leave account in the general
fund moneys sufficient to reimburse the sick leave account
for payments on account of sickness. State agencies shall
place in allotment reserve status and cause to be lapsed at the
end of the biennium an amount equal to the sick leave pay
and the employer's share of all federal old age and survivor's
insurance payments rendered unnecessary by reason of RCW
41.48.120. When directing state agencies to place funds in
reserve status, the office of financial management shall promulgate allotment instructions which conserve, to the fullest
extent possible, state general fund appropriations. [1979
ex.s. c 247 § 2.]
41.48.180
41.48.130
41.48.130 Sick leave payments—Accounting plan
and payroll procedures. The director of the office of financial management shall, by January 1, 1980, develop an
accounting plan and payroll procedures sufficient to meet the
requirements of federal statutes and regulations for the purpose of implementing RCW 41.48.120. [1979 c 152 § 2.]
Severability—1979 c 152: See note following RCW 41.48.120.
41.48.180 Sick leave payments—Inclusion in reports
to retirement system—Compensation for unused sick
leave. Payments to employees pursuant to RCW 41.48.120
or 41.48.160 shall be included in compensation reported to
the appropriate retirement system. Any compensation for
unused sick leave shall not be considered payment on
account of sickness and shall not be paid from the sick leave
account. [1979 c 152 § 6.]
Severability—1979 c 152: See note following RCW 41.48.120.
41.48.140
41.48.140 Establishment of sick leave rules by personnel authorities. Nothing in RCW 41.48.120 or
41.48.130 shall affect the power of the Washington personnel
resources board or any other state personnel authority to
establish sick leave rules except as may be required under
RCW 41.48.120 or 41.48.130: PROVIDED, That each personnel board and personnel authority shall establish the maximum number of working days an employee under its jurisdiction may be absent on account of sickness or accident disability without a medical certificate.
"Personnel authority" as used in this section, means a
state agency, board, committee, or similar body having general authority to establish personnel rules. [1993 c 281 § 39;
1979 c 152 § 3.]
Chapter 41.50 RCW
DEPARTMENT OF RETIREMENT SYSTEMS
Chapter 41.50
Sections
41.50.005
41.50.010
41.50.020
41.50.030
41.50.040
41.50.050
41.50.055
Effective date—1993 c 281: See note following RCW 41.06.022.
41.50.060
Severability—1979 c 152: See note following RCW 41.48.120.
41.50.065
41.50.067
41.50.070
41.50.075
41.50.077
41.50.080
41.50.085
41.50.086
41.50.088
41.48.150
41.48.150 Definition—"Employee." "Employee," as
used in RCW 41.48.120 and 41.48.140, includes all officers
and employees of the state, except officials and employees
compensated on a fee basis, for whom contributions are made
to federal old age and survivors' insurance. [1979 c 152 § 4.]
(2004 Ed.)
Policy and intent.
Definitions.
Department of retirement systems—Created—Director.
Transfer of powers, duties, and functions of certain systems,
administrators, and committees to department of retirement
systems.
Manner of selection and terms of transferred board members
not affected.
Powers, duties, and functions of director.
Director of retirement systems to administer Washington law
enforcement officers' and fire fighters' retirement system—
Duties.
Delegation of powers, duties, and functions—Director's
responsibilities.
Accumulated service credit—Annual notification to members.
Adopted employer rates—Notification to employers.
Personnel.
Funds established.
State treasurer is custodian of funds.
Investment of funds of various systems.
Investments in accordance with established standards.
Employee retirement benefits board—Created—Membership.
Employee retirement benefits board—Duties.
[Title 41 RCW—page 277]
41.50.005
41.50.090
41.50.110
41.50.112
41.50.120
41.50.125
41.50.130
41.50.131
41.50.132
41.50.133
41.50.135
41.50.136
41.50.137
41.50.138
41.50.139
41.50.140
41.50.145
41.50.150
41.50.152
41.50.155
41.50.160
41.50.165
41.50.170
41.50.175
41.50.200
41.50.205
41.50.210
41.50.215
41.50.220
41.50.230
41.50.235
41.50.240
41.50.255
41.50.260
41.50.265
41.50.270
41.50.500
41.50.510
41.50.520
41.50.530
41.50.540
41.50.550
41.50.560
41.50.570
41.50.580
41.50.590
41.50.600
41.50.610
41.50.620
41.50.630
41.50.640
41.50.650
41.50.660
41.50.670
Title 41 RCW: Public Employment, Civil Service, and Pensions
Department succeeds to and vested with transferred powers,
duties, and functions—Boards to be kept informed—
Approval of rules—Disability benefit applications.
Expenses of administration paid from department of retirement systems expense fund—Administrative expense fee.
Report of member data—Department-designed format.
Payment of moneys due department by employers—Interest.
Interest on contributions—Department may charge.
Correction of retirement systems' records—Adjustment in
payment of benefits—Limitations.
Correction of errors in reporting compensation earnable.
Correction of erroneous deduction or pick-up of contributions.
Recovery of certain overpayments to surviving beneficiaries
under the teachers' retirement system.
Collection of overpayments—Determination of liability—
Administrative process created.
Collection of overpayments—Issuance of warrant—Lien.
Collection of overpayments—Department may issue subpoenas.
Collection of overpayments—Waiver of overpayment.
Retirement status reports—Overpayments—Employer obligations.
Cooperation of employers in administration of systems—
Employer contributions for retroactive service credit—
Employee contributions paid by employer.
Plan 3—Loss of investment return due to error—Liability.
Retirement benefits based on excess compensation—
Employer liable for extra retirement costs.
Payment of excess compensation—Public notice requirements.
Erroneous withdrawals of contributions—Restoration.
Restoration of withdrawn contributions.
Establishing, restoring service credit—Conditions.
Notification of restoration rights.
Adoption of rules.
Subdivision of retirement system funds.
Records—Teachers' retirement system annual report.
Medical director.
Teachers' retirement system funds—Annual interest to be
credited.
Trustees, employees not to guarantee loans.
Employer reports to department.
Teachers' retirement system salary deductions.
Duties of payroll officer.
Payment of legal and medical expenses of retirement systems.
Public employees' retirement system funds created.
Public employees' retirement system funds—Report of the
state treasurer—Members may receive reports and statements.
Transmittal of total of public employees' retirement system
members' deductions.
Mandatory assignment of retirement benefits—Definitions.
Mandatory assignment of retirement benefits—Remedies—
Applicability.
Mandatory assignment of retirement benefits—Other remedies not limited.
Mandatory assignment of retirement benefits—Proceeding to
enforce spousal maintenance—Venue—Jurisdiction.
Mandatory assignment of retirement benefits—Notice to obligor.
Mandatory assignment of retirement benefits—Withdrawal of
accumulated contributions—Notice to obligee—Payment to
obligee.
Mandatory assignment of retirement benefits—Petition for
order.
Mandatory assignment of retirement benefits—Issuance of
order.
Mandatory assignment of retirement benefits—Order—Contents.
Mandatory assignment of retirement benefits—Order—Form.
Mandatory assignment of retirement benefits—Duties of
department.
Mandatory assignment of retirement benefits—Order—
Answer—Form.
Mandatory assignment of retirement benefits—Order—Service.
Mandatory assignment of retirement benefits—Hearing to
quash, modify, or terminate order.
Mandatory assignment of retirement benefits—Award of costs
to prevailing party.
Payments pursuant to court orders entered under prior law.
Mandatory assignment of retirement benefits—Rules.
Property division obligations—Direct payments pursuant to
court order.
[Title 41 RCW—page 278]
41.50.680
41.50.690
41.50.700
41.50.710
41.50.720
41.50.730
41.50.740
41.50.750
41.50.760
41.50.770
41.50.780
41.50.790
41.50.800
41.50.801
41.50.802
41.50.803
41.50.900
41.50.901
Property division obligations—Processing fee.
Property division obligations—Obligee entitled to statement
of obligor's retirement benefits—When.
Property division obligations—Cessation upon death of obligee or obligor—Payment treated as deduction from member's periodic retirement payment.
Property division obligations—Remedies exclusive—Payment pursuant to court order defense against claims.
Payment of benefits—Restraining orders.
Retirement or termination agreement payments—Effect on
pension benefits calculation.
Retirement or termination agreement payments—Opportunity
to change payment options.
Retirement or termination agreement payments—Overpayments not required to be repaid.
Cost-of-living adjustments—Alternative calculation—Election.
Deferred compensation plans.
Deferred compensation principal and administrative accounts
created—Participation in deferred compensation plans—
Department's duties.
Survivor benefits—Dissolution orders.
Apportionment of budgeted funds of affected agencies.
Continuation of rules, pending business, contracts, investments, etc.
Transfer of reports, documents, etc., property, funds, assets,
appropriations, etc.
Savings.
Severability—1975-'76 2nd ex.s. c 105.
Effective date—1987 c 326.
Director of retirement systems may obtain physician's certificate relating to
disabled person's ability to drive a motor vehicle: RCW 46.20.041.
Investment activities of state investment board, reports sent to: RCW
43.33A.150.
Investment board, director of retirement systems member of: RCW
43.33A.020.
Judicial retirement—Investment for supplemental retirement: RCW
2.14.080.
Judicial retirement board, director of retirement systems to exercise powers,
duties, and functions of: RCW 2.10.052.
Office of state actuary: Chapter 44.44 RCW.
State patrol retirement board, director of retirement systems to exercise
powers, duties, and functions of: RCW 43.43.142.
41.50.005 Policy and intent. The legislature sets forth
as retirement policy and intent:
(1) The retirement systems of the state shall provide similar benefits wherever possible.
(2) Persons hired into eligible positions shall accrue service credit for all service rendered.
(3) The calculation of benefits shall be done in such a
manner as to prevent the arithmetic lowering of benefits.
(4) Liberalization of the granting of service credit shall
not jeopardize part-time employment of retirees in ineligible
positions. [1991 c 343 § 2.]
41.50.005
Findings—1991 c 343: "The legislature finds:
(1) There is a dichotomy in the provision of service credit within the
major two retirement systems of the state. Within plan 1 of the public
employees' retirement system, credit is given in whole months upon completing seventy hours per month. Within plan 1 of the teachers' retirement
system, full annual service credit is given for full-time employment of fourfifths or more of a school year and partial annual service credit is given for
employment of less than four-fifths of a school year but more than twenty
days in a school year. Plan 2 of both the public employees' and teachers'
retirement systems' full monthly service credit is based on completing ninety
hours in each month.
(2) There is an expressed interest by public employers in encouraging
job-sharing or tandem positions wherein two persons perform one job. This
is seen as opening up job opportunities for those persons who have family
responsibilities prohibiting full-time employment." [1991 c 343 § 1.]
Effective dates—1991 c 343: "(1) Sections 3 through 11 and 14
through 18 of this act shall take effect September 1, 1991.
(2) The remainder of this act is necessary for the immediate preserva(2004 Ed.)
Department of Retirement Systems
tion of the public peace, health, or safety, or support of the state government
and its existing public institutions, and shall take effect July 1, 1991." [1991
c 343 § 19.]
41.50.010
41.50.010 Definitions. As used in this chapter, unless
the context clearly indicates otherwise:
(1) "Actuarial value" means the present value of a
change in actuarial liability;
(2) "Department" means the department of retirement
systems; and
(3) "Director" means the director of the department of
retirement systems. [1994 c 197 § 30; 1975-'76 2nd ex.s. c
105 § 3.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
41.50.020
41.50.020 Department of retirement systems—Created—Director. There is created a department of state government to be known as the department of retirement systems. The executive and administrative head of the department shall be the director, who shall be appointed by the
governor with the consent of the senate. The director shall
serve at the pleasure of the governor and may be removed
upon written notification by the governor to the respective
retirement boards.
The director shall have complete charge of and supervisory powers over the department and shall be paid a salary
fixed by the governor in accordance with the provisions of
RCW 43.03.040. If a vacancy occurs in the position of director while the senate is not in session, the governor shall make
a temporary appointment until the next meeting of the senate
at which time he shall present to that body the name of the
person appointed to the position of director. [1975-'76 2nd
ex.s. c 105 § 4.]
41.50.050
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.030
41.50.030 Transfer of powers, duties, and functions
of certain systems, administrators, and committees to
department of retirement systems. (Effective July 1,
2006.) (1) As soon as possible but not more than one hundred
and eighty days after March 19, 1976, there is transferred to
the department of retirement systems, except as otherwise
provided in this chapter, all powers, duties, and functions of:
(a) The Washington public employees' retirement system;
(b) The Washington state teachers' retirement system;
(c) The Washington law enforcement officers' and fire
fighters' retirement system;
(d) The Washington state patrol retirement system;
(e) The Washington judicial retirement system; and
(f) The state treasurer with respect to the administration
of the judges' retirement fund imposed pursuant to chapter
2.12 RCW.
(2) On July 1, 1996, there is transferred to the department all powers, duties, and functions of the deferred compensation committee.
(3) The department shall administer chapter 41.34 RCW.
(4) The department shall administer the Washington
school employees' retirement system created under chapter
41.35 RCW.
(5) The department shall administer the Washington
public safety employees' retirement system created under
chapter 41.37 RCW. [2004 c 242 § 42; 1998 c 341 § 501;
1995 c 239 § 316; 1975-'76 2nd ex.s. c 105 § 5.]
Effective date—2004 c 242: See RCW 41.37.901.
41.50.030
41.50.030 Transfer of powers, duties, and functions
of certain systems, administrators, and committees to
department of retirement systems. (Effective until July 1,
2006.) (1) As soon as possible but not more than one hundred
and eighty days after March 19, 1976, there is transferred to
the department of retirement systems, except as otherwise
provided in this chapter, all powers, duties, and functions of:
(a) The Washington public employees' retirement system;
(b) The Washington state teachers' retirement system;
(c) The Washington law enforcement officers' and fire
fighters' retirement system;
(d) The Washington state patrol retirement system;
(e) The Washington judicial retirement system; and
(f) The state treasurer with respect to the administration
of the judges' retirement fund imposed pursuant to chapter
2.12 RCW.
(2) On July 1, 1996, there is transferred to the department all powers, duties, and functions of the deferred compensation committee.
(3) The department shall administer chapter 41.34 RCW.
(4) The department shall administer the Washington
school employees' retirement system created under chapter
41.35 RCW. [1998 c 341 § 501; 1995 c 239 § 316; 1975-'76
2nd ex.s. c 105 § 5.]
Effective date—1998 c 341: See RCW 41.35.901.
(2004 Ed.)
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.040
41.50.040 Manner of selection and terms of transferred board members not affected. This chapter shall not
affect the manner for selecting members of the boards
affected by RCW 41.50.030, nor shall it affect the terms of
any members serving on such boards. [1975-'76 2nd ex.s. c
105 § 6.]
41.50.050
41.50.050 Powers, duties, and functions of director.
The director shall:
(1) Have the authority to organize the department into
not more than four divisions, each headed by an assistant
director;
(2) Have free access to all files and records of various
funds assigned to the department and inspect and audit the
files and records as deemed necessary;
(3) Employ personnel to carry out the general administration of the department;
(4) Submit an annual written report of the activities of
the department to the governor and the chairs of the appropriate legislative committees with one copy to the staff of each
[Title 41 RCW—page 279]
41.50.055
Title 41 RCW: Public Employment, Civil Service, and Pensions
of the committees, including recommendations for statutory
changes the director believes to be desirable;
(5) Adopt such rules and regulations as are necessary to
carry out the powers, duties, and functions of the department
pursuant to the provisions of chapter 34.05 RCW. [1995 c
239 § 317; 1993 c 61 § 1; 1987 c 505 § 24; 1981 c 3 § 33;
1977 ex.s. c 251 § 1; 1975-'76 2nd ex.s. c 105 § 7.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.055
41.50.055 Director of retirement systems to administer Washington law enforcement officers' and fire fighters' retirement system—Duties. The administration of the
Washington law enforcement officers' and fire fighters'
retirement system is hereby vested in the director of retirement systems, and the director shall:
(1) Keep in convenient form such data as shall be
deemed necessary for actuarial evaluation purposes;
(2) As of March 1, 1970, and at least every two years
thereafter, through the state actuary, make an actuarial valuation as to the mortality and service experience of the beneficiaries under this chapter and the various accounts created for
the purpose of showing the financial status of the retirement
fund;
(3) Adopt for the Washington law enforcement officers'
and fire fighters' retirement system the mortality tables and
such other tables as shall be deemed necessary;
(4) Keep a record of all its proceedings, which shall be
open to inspection by the public;
(5) From time to time adopt such rules and regulations
not inconsistent with chapter 41.26 RCW, for the administration of the provisions of this chapter, for the administration of
the fund created by this chapter and the several accounts
thereof, and for the transaction of the business of the system;
(6) Prepare and publish annually a financial statement
showing the condition of the Washington law enforcement
officers' and fire fighters' fund and the various accounts
thereof, and setting forth such other facts, recommendations
and data as may be of use in the advancement of knowledge
concerning the Washington law enforcement officers' and
fire fighters' retirement system, and furnish a copy thereof to
each employer, and to such members as may request copies
thereof;
(7) Perform such other functions as are required for the
execution of the provisions of chapter 41.26 RCW;
(8) Fix the amount of interest to be credited at a rate
which shall be based upon the net annual earnings of the
Washington law enforcement officers' and fire fighters' fund
for the preceding twelve-month period and from time to time
make any necessary changes in such rate;
(9) Pay from the department of retirement systems
expense fund the expenses incurred in administration of the
Washington law enforcement officers' and fire fighters'
retirement system from those funds appropriated for that purpose;
(10) Perform any other duties prescribed elsewhere in
chapter 41.26 RCW;
[Title 41 RCW—page 280]
(11) Issue decisions relating to appeals initiated pursuant
to RCW 41.16.145 and 41.18.104 as now or hereafter
amended and shall be authorized to order increased benefits
pursuant to RCW 41.16.145 and 41.18.104 as now or hereafter amended. [1991 c 35 § 16; 1982 c 163 § 6; 1981 c 3 § 27;
1975-'76 2nd ex.s. c 44 § 3; 1971 ex.s. c 216 § 1; 1969 ex.s. c
209 § 6. Formerly RCW 41.26.060.]
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—Effective date—1982 c 163: See notes following RCW
2.10.052.
Intent of amendment—1981 c 3: See note following RCW 2.10.080.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Severability—1971 ex.s. c 216: "If any provision of this act, or its
application to any person or circumstance is held invalid the remainder of the
act, or the application of the provision to other persons or circumstances is
not affected." [1971 ex.s. c 216 § 4.]
41.50.060
41.50.060 Delegation of powers, duties, and functions—Director's responsibilities. (Effective until July 1,
2006.) The director may delegate the performance of such
powers, duties, and functions, other than those relating to rule
making, to employees of the department, but the director
shall remain and be responsible for the official acts of the
employees of the department.
The director shall be responsible for the public employees' retirement system, the teachers' retirement system, the
school employees' retirement system, the judicial retirement
system, the law enforcement officers' and fire fighters' retirement system, and the Washington state patrol retirement system. The director shall also be responsible for the deferred
compensation program. [1998 c 341 § 502; 1995 c 239 §
318; 1975-'76 2nd ex.s. c 105 § 8.]
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.060
41.50.060 Delegation of powers, duties, and functions—Director's responsibilities. (Effective July 1, 2006.)
The director may delegate the performance of such powers,
duties, and functions, other than those relating to rule making, to employees of the department, but the director shall
remain and be responsible for the official acts of the employees of the department.
The director shall be responsible for the public employees' retirement system, the teachers' retirement system, the
school employees' retirement system, the judicial retirement
system, the law enforcement officers' and fire fighters' retirement system, the public safety employees' retirement system,
and the Washington state patrol retirement system. The
director shall also be responsible for the deferred compensation program. [2004 c 242 § 43; 1998 c 341 § 502; 1995 c
239 § 318; 1975-'76 2nd ex.s. c 105 § 8.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
(2004 Ed.)
Department of Retirement Systems
41.50.065
41.50.065 Accumulated service credit—Annual notification to members. (1) The department shall annually
notify each member of each retirement system listed in RCW
41.50.030 of his or her:
(a) Service credit accumulated in the preceding calendar
year; and
(b) Total service credit accumulated.
(2) The department shall begin notifying members under
this section according to the following schedule:
(a) All members of the teachers' retirement system shall
begin receiving annual notification of accumulated service
credit and service credit earned within the preceding school
year or one school year, as appropriate, no later than January
1, 1991;
(b) All members, other than members of the teachers'
retirement system, shall begin receiving annual notification
of service credit accumulated within the preceding calendar
year or school year, as appropriate, no later than June 30,
1992;
(c) All members within five years of being eligible for
service retirement shall begin receiving annual notification of
total service credit accumulated no later than October 1,
1993;
(d) Members, other than members of the teachers' retirement system, who are not within five years of being eligible
for service retirement shall begin receiving annual notification of total service credit accumulated according to the following schedule:
(i) For members of the law enforcement officers' and fire
fighters' retirement system, Washington state patrol retirement system, judicial retirement system, and judges' retirement system, no later than August 30, 1993;
(ii) For employees of the state of Washington who are
members of the public employees' retirement system, no later
than August 30, 1994;
(iii) For employees of political subdivisions of the state
of Washington, no later than January 31, 1995;
(iv) For employees of institutions of higher education as
defined in RCW 28B.10.016, no later than June 30, 1995; and
(v) For school district employees who are members of
the public employees' retirement system, no later than April
30, 1996.
(3) The department shall adopt rules implementing this
section. [1991 c 282 § 1; 1990 c 8 § 2.]
Findings—1990 c 8: "The legislature recognizes that:
(1) It is important that members of the retirement system are informed
about the amount of service credit they have earned. Untimely and inaccurate reporting by employers hampers the department's ability to inform members of the service credit they have earned;
(2) Requiring a transfer of funds from the retirement accounts of members of the public employees' retirement system and the law enforcement
officers' and fire fighters' retirement system to the expense funds of those
systems does not represent added revenue to the systems but is instead a
transfer from the trust fund to the expense fund that causes administrative
costs and results in a loss to the system or to the member; and
(3) A standardized time period for school administrator contracts and a
prohibition against retroactive revision of those contracts is needed to prevent potential abuses of the average final compensation calculation process."
[1990 c 8 § 1.]
41.50.067
41.50.067 Adopted employer rates—Notification to
employers. The director shall inform all employers in writing as to the employer rates adopted by the economic and rev(2004 Ed.)
41.50.075
enue forecast council upon the notification of the council as
prescribed in RCW 41.45.060. [1993 c 519 § 21.]
Part headings not law—Effective date—1993 c 519: See notes following RCW 28A.400.212.
41.50.070 Personnel. In addition to the exemptions set
forth in RCW 41.06.070, the assistant directors, not to exceed
two, and an internal auditor shall also be exempt from the
application of the state civil service law, chapter 41.06 RCW.
The officers and exempt personnel appointed by the
director pursuant to this section shall be paid salaries fixed by
the governor in accordance with the procedure established by
law for fixing salaries for officers exempt from the operation
of the state civil service law.
All employees classified under chapter 41.06 RCW and
engaged in duties pertaining to the functions transferred by
this chapter shall be assigned to the department to perform
their usual duties upon the same terms as formerly, without
any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing
the state merit system. [1975-'76 2nd ex.s. c 105 § 9.]
41.50.070
41.50.075
41.50.075 Funds established. (Effective until July 1,
2006.) (1) Two funds are hereby created and established in
the state treasury to be known as the Washington law
enforcement officers' and fire fighters' system plan 1 retirement fund, and the Washington law enforcement officers' and
fire fighters' system plan 2 retirement fund which shall consist of all moneys paid into them in accordance with the provisions of this chapter and chapter 41.26 RCW, whether such
moneys take the form of cash, securities, or other assets. The
plan 1 fund shall consist of all moneys paid to finance the
benefits provided to members of the law enforcement officers' and fire fighters' retirement system plan 1, and the plan 2
fund shall consist of all moneys paid to finance the benefits
provided to members of the law enforcement officers' and
fire fighters' retirement system plan 2.
(2) All of the assets of the Washington state teachers'
retirement system shall be credited according to the purposes
for which they are held, to two funds to be maintained in the
state treasury, namely, the teachers' retirement system plan 1
fund and the teachers' retirement system combined plan 2 and
3 fund. The plan 1 fund shall consist of all moneys paid to
finance the benefits provided to members of the Washington
state teachers' retirement system plan 1, and the combined
plan 2 and 3 fund shall consist of all moneys paid to finance
the benefits provided to members of the Washington state
teachers' retirement system plan 2 and 3.
(3) There is hereby established in the state treasury two
separate funds, namely the public employees' retirement system plan 1 fund and the public employees' retirement system
combined plan 2 and plan 3 fund. The plan 1 fund shall consist of all moneys paid to finance the benefits provided to
members of the public employees' retirement system plan 1,
and the combined plan 2 and plan 3 fund shall consist of all
moneys paid to finance the benefits provided to members of
the public employees' retirement system plans 2 and 3.
(4) There is hereby established in the state treasury the
school employees' retirement system combined plan 2 and 3
fund. The combined plan 2 and 3 fund shall consist of all
moneys paid to finance the benefits provided to members of
[Title 41 RCW—page 281]
41.50.075
Title 41 RCW: Public Employment, Civil Service, and Pensions
the school employees' retirement system plan 2 and plan 3.
[2000 c 247 § 601; 1998 c 341 § 503; 1996 c 39 § 16; 1995 c
239 § 312; 1991 c 35 § 108.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Effective date—2004 c 242: See RCW 41.37.901.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Intent—1991 c 35: See note following RCW 41.26.005.
Benefits not contractual right until date specified: RCW 41.34.100.
Intent—1991 c 35: See note following RCW 41.26.005.
41.50.077
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.075
41.50.075 Funds established. (Effective July 1, 2006.)
(1) Two funds are hereby created and established in the state
treasury to be known as the Washington law enforcement
officers' and fire fighters' system plan 1 retirement fund, and
the Washington law enforcement officers' and fire fighters'
system plan 2 retirement fund which shall consist of all moneys paid into them in accordance with the provisions of this
chapter and chapter 41.26 RCW, whether such moneys take
the form of cash, securities, or other assets. The plan 1 fund
shall consist of all moneys paid to finance the benefits provided to members of the law enforcement officers' and fire
fighters' retirement system plan 1, and the plan 2 fund shall
consist of all moneys paid to finance the benefits provided to
members of the law enforcement officers' and fire fighters'
retirement system plan 2.
(2) All of the assets of the Washington state teachers'
retirement system shall be credited according to the purposes
for which they are held, to two funds to be maintained in the
state treasury, namely, the teachers' retirement system plan 1
fund and the teachers' retirement system combined plan 2 and
3 fund. The plan 1 fund shall consist of all moneys paid to
finance the benefits provided to members of the Washington
state teachers' retirement system plan 1, and the combined
plan 2 and 3 fund shall consist of all moneys paid to finance
the benefits provided to members of the Washington state
teachers' retirement system plan 2 and 3.
(3) There is hereby established in the state treasury two
separate funds, namely the public employees' retirement system plan 1 fund and the public employees' retirement system
combined plan 2 and plan 3 fund. The plan 1 fund shall consist of all moneys paid to finance the benefits provided to
members of the public employees' retirement system plan 1,
and the combined plan 2 and plan 3 fund shall consist of all
moneys paid to finance the benefits provided to members of
the public employees' retirement system plans 2 and 3.
(4) There is hereby established in the state treasury the
school employees' retirement system combined plan 2 and 3
fund. The combined plan 2 and 3 fund shall consist of all
moneys paid to finance the benefits provided to members of
the school employees' retirement system plan 2 and plan 3.
(5) There is hereby established in the state treasury the
public safety employees' retirement system plan 2 fund. The
plan 2 fund shall consist of all moneys paid to finance the
benefits provided to members of the public safety employees'
retirement system plan 2. [2004 c 242 § 44; 2000 c 247 §
601; 1998 c 341 § 503; 1996 c 39 § 16; 1995 c 239 § 312;
1991 c 35 § 108.]
[Title 41 RCW—page 282]
41.50.077 State treasurer is custodian of funds. The
state treasurer is the custodian of, and accountant for, all
funds and holdings of the retirement systems listed in RCW
41.50.030. [1991 c 35 § 109.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.50.080
41.50.080 Investment of funds of various systems.
(Effective until July 1, 2006.) The state investment board
shall provide for the investment of all funds of the Washington public employees' retirement system, the teachers' retirement system, the school employees' retirement system, the
Washington law enforcement officers' and fire fighters'
retirement system, the Washington state patrol retirement
system, the Washington judicial retirement system, and the
judges' retirement fund, pursuant to RCW 43.84.150, and
may sell or exchange investments acquired in the exercise of
that authority. [1998 c 341 § 504; 1981 c 3 § 34; 1977 ex.s. c
251 § 2; 1975-'76 2nd ex.s. c 105 § 10.]
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
41.50.080
41.50.080 Investment of funds of various systems.
(Effective July 1, 2006.) The state investment board shall
provide for the investment of all funds of the Washington
public employees' retirement system, the teachers' retirement
system, the school employees' retirement system, the Washington law enforcement officers' and fire fighters' retirement
system, the Washington state patrol retirement system, the
Washington judicial retirement system, the Washington public safety employees' retirement system, and the judges'
retirement fund, pursuant to RCW 43.84.150, and may sell or
exchange investments acquired in the exercise of that authority. [2004 c 242 § 45; 1998 c 341 § 504; 1981 c 3 § 34; 1977
ex.s. c 251 § 2; 1975-'76 2nd ex.s. c 105 § 10.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
41.50.085
41.50.085 Investments in accordance with established standards. Any investments under RCW 43.84.150
by the state investment board shall be made in accordance
with the standards established in RCW 43.33A.140. [1998 c
14 § 2; 1977 ex.s. c 251 § 7.]
41.50.086
41.50.086 Employee retirement benefits board—
Created—Membership. (1) The employee retirement ben(2004 Ed.)
Department of Retirement Systems
efits board is created within the department of retirement systems.
(2) The board shall be composed of twelve members
appointed by the governor and one ex officio member as follows:
(a) Three members representing the public employees'
retirement system: One retired, two active. The members
shall be appointed from a list of nominations submitted by
organizations representing each category. The initial term of
appointment shall be two years for the retired member, one
year for one active member, and three years for the remaining
active member.
(b) Three members representing the teachers' retirement
system: One retired, two active. The members shall be
appointed from a list of nominations submitted by organizations representing each category. The initial term of appointment shall be one year for the retired member, two years for
one active member, and three years for the remaining active
member.
(c) Three members representing the school employees'
retirement system: One retired, two active. The members
shall be appointed from a list of nominations submitted by
organizations representing each category. The initial term of
appointment shall be one year for the retired member, two
years for one active member, and three years for the remaining active member.
(d) Two members with experience in defined contribution plan administration. The initial term for these members
shall be two years for one member and three years for the
remaining member.
(e) One member representing the deferred compensation
program. The member shall be a deferred compensation program participant chosen from a list of nominations submitted
by organizations representing employees eligible to participate in the deferred compensation program. The initial term
of appointment for this member shall be three years.
(f) The director of the department shall serve ex officio
and shall be the chair of the board.
(3) After the initial appointments, members shall be
appointed to three-year terms.
(4) The board shall meet at least quarterly during the calendar year, at the call of the chair.
(5) Members of the board shall serve without compensation but shall receive travel expenses as provided for in RCW
43.03.050 and 43.03.060. Such travel expenses shall be reimbursed by the department from the retirement system expense
fund.
(6) The board shall adopt rules governing its procedures
and conduct of business.
(7) The actuary shall perform all actuarial services for
the board and provide advice and support. [2001 c 181 § 1;
1998 c 341 § 506; (1998 c 341 § 505 expired pursuant to 1998
c 341 § 715); 1995 c 239 § 301.]
Effective date—1998 c 341: See RCW 41.35.901.
Expiration date—1998 c 341 § 505: "Section 505 of this act expires
September 1, 2000." [1998 c 341 § 715.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
(2004 Ed.)
41.50.090
41.50.088
41.50.088 Employee retirement benefits board—
Duties. (1) The board shall adopt rules as necessary and
exercise the following powers and duties:
(a) The board shall recommend to the state investment
board types of options for member self-directed investment
in the teachers' retirement system plan 3, the school employees' retirement system plan 3, and the public employees'
retirement system plan 3 as deemed by the board to be reflective of the members' preferences;
(b) By July 1, 2005, the board shall make optional actuarially equivalent life annuity benefit payment schedules
available to members and survivors that may be purchased
from the combined plan 2 and plan 3 funds under RCW
41.50.075; and
(c) Determination of the basis for administrative charges
to the self-directed investment fund to offset self-directed
account expenses;
(2) The board shall recommend to the state investment
board types of options for participant self-directed investment in the state deferred compensation plan, as deemed by
the board to be reflective of the participants' preferences.
[2000 c 247 § 602. Prior: 1998 c 341 § 507; 1998 c 116 § 10;
1995 c 239 § 302.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See note following RCW 41.34.060.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.090
41.50.090 Department succeeds to and vested with
transferred powers, duties, and functions—Boards to be
kept informed—Approval of rules—Disability benefit
applications. (1) Except as otherwise provided in this section, on the effective date of transfer as provided in RCW
41.50.030, the department shall succeed to and is vested with
all powers, duties, and functions now or by any concurrent
act of this 1976 legislature vested in the individual retirement
boards set forth in RCW 41.50.030 relating to the administration of their various retirement systems, including but not
limited to the power to appoint a staff and define the duties
thereof: PROVIDED, That actuarial services required by the
department shall be performed by the state actuary as provided in RCW 44.44.040.
(2) The department shall keep each retirement board
fully informed on the administration of the corresponding
retirement system, and shall furnish any information
requested by a retirement board.
(3) Rules proposed by the director under RCW 2.10.070,
41.50.055, 41.32.025, or 41.40.020 shall be submitted to the
appropriate retirement boards for review prior to adoption.
After receiving approval of the members of the appropriate
board, such rules shall become effective as provided by the
administrative procedure act, chapter 34.05 RCW.
(4) Each retirement board shall continue to perform all
functions as are vested in it by law with respect to applications for benefits paid upon either temporary or permanent
disability, with such staff assistance from the department as
may be required. The director shall perform those functions
with respect to disability benefits as are vested in him or her
[Title 41 RCW—page 283]
41.50.110
Title 41 RCW: Public Employment, Civil Service, and Pensions
by RCW 41.26.120, 41.26.125, and 41.26.200. [1985 c 102
§ 6; 1983 c 3 § 97; 1981 c 294 § 8; 1975-'76 2nd ex.s. c 105
§ 11.]
Purpose—Retrospective application—1985 c 102: See notes following RCW 41.26.120.
Severability—1981 c 294: See note following RCW 41.26.115.
41.50.110
41.50.110 Expenses of administration paid from
department of retirement systems expense fund—Administrative expense fee. (Effective until July 1, 2006.) (1)
Except as provided by RCW 41.50.255 and subsection (6) of
this section, all expenses of the administration of the department, the expenses of administration of the retirement systems, and the expenses of the administration of the office of
the state actuary created in chapters 2.10, 2.12, 41.26, 41.32,
41.40, 41.34, 41.35, 43.43, and 44.44 RCW shall be paid
from the department of retirement systems expense fund.
(2) In order to reimburse the department of retirement
systems expense fund on an equitable basis the department
shall ascertain and report to each employer, as defined in
RCW 41.26.030, 41.32.010, 41.35.010, or 41.40.010, the
sum necessary to defray its proportional share of the entire
expense of the administration of the retirement system that
the employer participates in during the ensuing biennium or
fiscal year whichever may be required. Such sum is to be
computed in an amount directly proportional to the estimated
entire expense of the administration as the ratio of monthly
salaries of the employer's members bears to the total salaries
of all members in the entire system. It shall then be the duty
of all such employers to include in their budgets or otherwise
provide the amounts so required.
(3) The department shall compute and bill each
employer, as defined in RCW 41.26.030, 41.32.010,
41.35.010, or 41.40.010, at the end of each month for the
amount due for that month to the department of retirement
systems expense fund and the same shall be paid as are its
other obligations. Such computation as to each employer
shall be made on a percentage rate of salary established by
the department. However, the department may at its discretion establish a system of billing based upon calendar year
quarters in which event the said billing shall be at the end of
each such quarter.
(4) The director may adjust the expense fund contribution rate for each system at any time when necessary to
reflect unanticipated costs or savings in administering the
department.
(5) An employer who fails to submit timely and accurate
reports to the department may be assessed an additional fee
related to the increased costs incurred by the department in
processing the deficient reports. Fees paid under this subsection shall be deposited in the retirement system expense fund.
(a) Every six months the department shall determine the
amount of an employer's fee by reviewing the timeliness and
accuracy of the reports submitted by the employer in the preceding six months. If those reports were not both timely and
accurate the department may prospectively assess an additional fee under this subsection.
(b) An additional fee assessed by the department under
this subsection shall not exceed fifty percent of the standard
fee.
[Title 41 RCW—page 284]
(c) The department shall adopt rules implementing this
section.
(6) Expenses other than those under RCW 41.34.060(3)
shall be paid pursuant to subsection (1) of this section.
(7) During the 2003-2005 fiscal biennium, the legislature
may transfer from the department of retirement systems'
expense fund to the state general fund such amounts as reflect
the excess fund balance of the fund. [2003 1st sp.s. c 25 §
914. Prior: 2003 c 295 § 3; 2003 c 294 § 11; 1998 c 341 §
508; 1996 c 39 § 17; 1995 c 239 § 313; 1990 c 8 § 3; 1979
ex.s. c 249 § 8.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Findings—1990 c 8: See note following RCW 41.50.065.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.110
41.50.110 Expenses of administration paid from
department of retirement systems expense fund—Administrative expense fee. (Effective July 1, 2006.) (1) Except
as provided by RCW 41.50.255 and subsection (6) of this
section, all expenses of the administration of the department,
the expenses of administration of the retirement systems, and
the expenses of the administration of the office of the state
actuary created in chapters 2.10, 2.12, 41.26, 41.32, 41.40,
41.34, 41.35, 41.37, 43.43, and 44.44 RCW shall be paid
from the department of retirement systems expense fund.
(2) In order to reimburse the department of retirement
systems expense fund on an equitable basis the department
shall ascertain and report to each employer, as defined in
RCW 41.26.030, 41.32.010, 41.35.010, 41.37.010, or
41.40.010, the sum necessary to defray its proportional share
of the entire expense of the administration of the retirement
system that the employer participates in during the ensuing
biennium or fiscal year whichever may be required. Such
sum is to be computed in an amount directly proportional to
the estimated entire expense of the administration as the ratio
of monthly salaries of the employer's members bears to the
total salaries of all members in the entire system. It shall then
be the duty of all such employers to include in their budgets
or otherwise provide the amounts so required.
(3) The department shall compute and bill each
employer, as defined in RCW 41.26.030, 41.32.010,
41.35.010, 41.37.010, or 41.40.010, at the end of each month
for the amount due for that month to the department of retirement systems expense fund and the same shall be paid as are
its other obligations. Such computation as to each employer
shall be made on a percentage rate of salary established by
the department. However, the department may at its discretion establish a system of billing based upon calendar year
quarters in which event the said billing shall be at the end of
each such quarter.
(4) The director may adjust the expense fund contribution rate for each system at any time when necessary to
reflect unanticipated costs or savings in administering the
department.
(2004 Ed.)
Department of Retirement Systems
(5) An employer who fails to submit timely and accurate
reports to the department may be assessed an additional fee
related to the increased costs incurred by the department in
processing the deficient reports. Fees paid under this subsection shall be deposited in the retirement system expense fund.
(a) Every six months the department shall determine the
amount of an employer's fee by reviewing the timeliness and
accuracy of the reports submitted by the employer in the preceding six months. If those reports were not both timely and
accurate the department may prospectively assess an additional fee under this subsection.
(b) An additional fee assessed by the department under
this subsection shall not exceed fifty percent of the standard
fee.
(c) The department shall adopt rules implementing this
section.
(6) Expenses other than those under RCW 41.34.060(3)
shall be paid pursuant to subsection (1) of this section.
(7) During the 2003-2005 fiscal biennium, the legislature
may transfer from the department of retirement systems'
expense fund to the state general fund such amounts as reflect
the excess fund balance of the fund. [2004 c 242 § 46; 2003
1st sp.s. c 25 § 914. Prior: 2003 c 295 § 3; 2003 c 294 § 11;
1998 c 341 § 508; 1996 c 39 § 17; 1995 c 239 § 313; 1990 c
8 § 3; 1979 ex.s. c 249 § 8.]
Effective date—2004 c 242: See RCW 41.37.901.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Findings—1990 c 8: See note following RCW 41.50.065.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.112
41.50.112 Report of member data—Departmentdesigned format. Employers, as defined in RCW 41.26.030,
41.32.010, 41.34.020, 41.35.010, and 41.40.010, must report
all member data to the department in a format designed and
communicated by the department. Employers failing to comply with this reporting requirement shall be assessed an additional fee as defined under RCW 41.50.110(5). [2000 c 247
§ 1107.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
41.50.120
41.50.120 Payment of moneys due department by
employers—Interest. Notwithstanding any provision of law
to the contrary, all employers of members of retirement systems administered by the department shall transmit by a warrant or check to the department within fifteen days following
the end of each calendar month the moneys due the department as determined by the statutes governing each system
together with such reports as the department may require.
The director may collect interest on any employer's overdue
payments at the rate of one percent per month on the outstanding balance where necessary to secure adherence to
timeliness requirements. [1979 ex.s. c 249 § 9.]
(2004 Ed.)
41.50.130
41.50.125
41.50.125 Interest on contributions—Department
may charge. The department may charge interest, as determined by the director, on member or employer contributions
owing to any of the retirement systems listed in RCW
41.50.030. The department's authority to charge interest shall
extend to all optional and mandatory billings for contributions where member or employer contributions are paid other
than immediately after service is rendered. Except as explicitly limited by statute, the director may delay the imposition
of interest charges on late contributions under this section if
the delay is necessary to implement required changes in the
department's accounting and information systems. [1994 c
177 § 2.]
Findings—1994 c 177: "The legislature finds that:
(1) Whenever employer or member contributions are not made at the
time service is rendered, the state retirement system trust funds lose investment income which is a major source of pension funding. The department of
retirement systems has broad authority to charge interest to compensate for
the loss to the trust funds, subject only to explicit statutory provisions to the
contrary.
(2) The inherent authority of the department to recover all overpayments and unauthorized payments from the retirement trust funds, for the
benefit of members and taxpayers, should be established clearly in statute."
[1994 c 177 § 1.]
41.50.130
41.50.130 Correction of retirement systems'
records—Adjustment in payment of benefits—Limitations. (1) The director may at any time correct errors appearing in the records of the retirement systems listed in RCW
41.50.030. Should any error in such records result in any
member, beneficiary, or other person or entity receiving more
or less than he or she would have been entitled to had the
records been correct, the director, subject to the conditions
set forth in this section, shall adjust the payment in such a
manner that the benefit to which such member, beneficiary,
or other person or entity was correctly entitled shall be paid in
accordance with the following:
(a) In the case of underpayments to a member or beneficiary, the retirement system shall correct all future payments
from the point of error detection, and shall compute the additional payment due for the allowable prior period which shall
be paid in a lump sum by the appropriate retirement system.
(b) In the case of overpayments to a retiree or other beneficiary, the retirement system shall adjust the payment so
that the retiree or beneficiary receives the benefit to which he
or she is correctly entitled. The retiree or beneficiary shall
either repay the overpayment in a lump sum within ninety
days of notification or, if he or she is entitled to a continuing
benefit, elect to have that benefit actuarially reduced by an
amount equal to the overpayment. The retiree or beneficiary
is not responsible for repaying the overpayment if the
employer is liable under RCW 41.50.139.
(c) In the case of overpayments to a person or entity
other than a member or beneficiary, the overpayment shall
constitute a debt from the person or entity to the department,
recovery of which shall not be barred by laches or statute of
limitations.
(2) Except in the case of actual fraud, in the case of overpayments to a member or beneficiary, the benefits shall be
adjusted to reflect only the amount of overpayments made
within three years of discovery of the error, notwithstanding
any provision to the contrary in chapter 4.16 RCW.
[Title 41 RCW—page 285]
41.50.131
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3) Except in the case of actual fraud, no monthly benefit
shall be reduced by more than fifty percent of the member's
or beneficiary's corrected benefit. Any overpayment not
recovered due to the inability to actuarially reduce a member's benefit due to: (a) The provisions of this subsection; or
(b) the fact that the retiree's monthly retirement allowance is
less than the monthly payment required to effectuate an actuarial reduction, shall constitute a claim against the estate of a
member, beneficiary, or other person or entity in receipt of an
overpayment.
(4) Except as provided in subsection (2) of this section,
obligations of employers or members until paid to the department shall constitute a debt from the employer or member to
the department, recovery of which shall not be barred by
laches or statutes of limitation. [1997 c 254 § 15; 1994 c 177
§ 3; 1987 c 490 § 1; 1982 c 13 § 1.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Findings—1994 c 177: See note following RCW 41.50.125.
41.50.131
41.50.131 Correction of errors in reporting compensation earnable. (1) Notwithstanding RCW 41.50.130, the
department is not required to correct, nor to cause any
employer to correct the reporting error described in subsection (2) of this section.
(2) Standby pay and other similar forms of compensation
that are not pay for time worked were not salary or wages for
personal services within the meaning of RCW 41.40.010(8).
Contrary to RCW 41.40.010(8), some employers have been
reporting standby pay to the department as compensation
earnable. To avoid unduly impacting the retirement allowances of persons who have retired on or before June 9, 1994,
the department is not required to correct, nor cause to be corrected, any misreporting of amounts identified as standby pay
through June 9, 1994. Any erroneous reporting of amounts
identified as standby pay to the department on or after June 9,
1994, shall be corrected as an error under RCW 41.50.130.
(3) The forgiveness of past misreporting under subsection (2) of this section constitutes a benefit enhancement for
those individuals for whom amounts received as standby pay
were misreported to the department. Prior to June 9, 1994, no
retirement system member had any right, contractual or otherwise, to have amounts identified as standby pay included as
compensation earnable. [1994 c 177 § 9.]
Findings—1994 c 177: See note following RCW 41.50.125.
41.50.132
41.50.132 Correction of erroneous deduction or pickup of contributions. (1) By December 31, 1992, the department of retirement systems shall implement and complete the
following process for those members of the law enforcement
officers' and fire fighters' retirement system plan 2, public
employees' retirement system plans 1 and 2, and teachers'
retirement system plan 2 who erroneously had contributions
either deducted or picked-up from their earnings on and after
January 1, 1987:
(a) Create a list of transactions by employer for those
members whose employer either deducted or picked-up
employee contributions during a month where an employee
did not work sufficient hours to earn service credit;
[Title 41 RCW—page 286]
(b) Provide the affected employers with direction and
guidance for the review of the transmitted lists from this subsection and the employers' preparation of any necessary correcting transactions to the department's records;
(c) Receive all correcting transactions submitted by the
employer.
(2) All debits and credits to all member accounts affected
by this remedial process shall be reconciled by the department.
(3) All moneys payable to an affected member, or any
moneys to be further deducted or picked-up from such member's earnings, shall be determined and accomplished solely
by the employer.
(4) After December 31, 1992, no credit of employer contributions shall be made.
(5) Return of contributions to an employee by the department is limited solely to when such member retires or otherwise terminates his or her membership and chooses to withdraw them with any accumulated interest.
(6) Employer contributions forfeited under this section
shall be transferred to the department of retirement systems
expense account. [1991 c 343 § 13.]
Findings—Effective dates—1991 c 343: See notes following RCW
41.50.005.
41.50.133
41.50.133 Recovery of certain overpayments to surviving beneficiaries under the teachers' retirement system. (1) The director of the department of retirement systems shall not recover from surviving beneficiaries of members who died in service any pension overpayment based on
the application of section 2, chapter 96, Laws of 1979 ex.
sess., nor shall such benefits be reduced.
(2) The director of the department of retirement systems
shall not recover from retirees any pension overpayments
made between July 1, 1990, and February 1, 1992, based
upon the application of *RCW 41.40.198, 41.40.1981,
41.40.325, 41.32.485, 41.32.487, or 41.32.575 due to the
incorrect calculation of the "age sixty-five allowance" as this
term is defined in *RCW 41.32.575(1)(a) and
41.40.325(1)(a). [1992 c 212 § 21; 1987 c 490 § 2.]
*Reviser's note: RCW 41.40.198, 41.40.1981, 41.40.325, 41.32.487,
and 41.32.575 were repealed by 1995 c 345 § 11.
41.50.135
41.50.135 Collection of overpayments—Determination of liability—Administrative process created. (1) If
the department finds that any member, beneficiary, or other
person or entity has been paid an amount of retirement benefits to which that person or entity is not entitled, and the person is not entitled to a continuing benefit from any of the
retirement systems listed in RCW 41.50.030, the department
may issue an order and notice of assessment specifying the
amount due, including interest, to be remitted to the department. The order and notice of assessment shall be served
upon any person or entity who may have received benefits to
which the person or entity is not entitled. The order and
notice of assessment shall be served by the department in the
manner prescribed for the service of a summons in a civil
action, or by certified mail to the last known address of the
obligor as shown by the records of the department.
(2) Any notice of assessment under subsection (1) of this
section shall constitute a determination of liability from
(2004 Ed.)
Department of Retirement Systems
which the member, beneficiary, or other person or entity
served may appeal by filing a petition for adjudicative proceedings with the director personally or by mail within sixty
days from the date the assessment was served. If a petition for
adjudicative proceedings is not filed within sixty days of the
delivery of the notice of assessment, the determination that
was the basis for establishing the overpayment debt and the
assessment is conclusive and final.
(3) This section creates an administrative process for the
collection of overpayments from persons who are not entitled
to a continuing benefit from one of the retirement systems
listed in RCW 41.50.030. The collection of overpayments
from persons entitled to a continuing benefit from one of the
retirement systems listed in RCW 41.50.030 is governed by
RCW 41.50.130. [1996 c 56 § 1.]
41.50.136
41.50.136 Collection of overpayments—Issuance of
warrant—Lien. Whenever a notice of determination of liability becomes conclusive and final under RCW 41.50.135,
the director, upon giving at least twenty days notice by certified mail return receipt requested to the individual's last
known address of the intended action, may file with the superior court clerk of any county within the state a warrant in the
amount of the notice of determination of liability plus a filing
fee under RCW 36.18.012(10). The clerk of the county where
the warrant is filed shall immediately designate a superior
court cause number for the warrant, and the clerk shall cause
to be entered in the judgment docket under the superior court
cause number assigned to the warrant, the name of the person
mentioned in the warrant, the amount of the notice of determination of liability, and the date when the warrant was filed.
The amount of the warrant as docketed shall become a lien
upon the title to, and any interest in, all real and personal
property of the person against whom the warrant is issued,
the same as a judgment in a civil case duly docketed in the
office of such clerk. A copy of the warrant shall be mailed to
the person mentioned in the warrant by certified mail to the
person's last known address within five days of its filing with
the clerk. [2001 c 146 § 5; 1996 c 56 § 2.]
41.50.139
(a) Provided incorrect information to the department or
the employer which caused the overpayment;
(b) Failed to provide information to the department or
the employer which was necessary to correctly calculate the
retirement allowance;
(c) Caused the employer to provide incorrect information or fail to provide necessary information; or
(d) Knew or reasonably should have known that he or
she was in receipt of an overpayment.
(3) If the director waives an overpayment and the overpayment occurred because the member's or retiree's
employer:
(a) Provided incorrect information to the department
which caused the overpayment;
(b) Failed to provide information to the department
which was necessary to correctly calculate the retirement
allowance;
(c) Caused another party to provide incorrect information or fail to provide necessary information; or
(d) Knew or reasonably should have known that the
information provided would cause the retiree or beneficiary
to be overpaid;
then the department shall bill the member's or retiree's
employer for the amount of the overpayment that would have
been recoverable under RCW 41.50.130 had the overpayment not been waived pursuant to this section.
(4) Nothing in this section authorizes the director to
waive the prospective correction of an overstated retirement
allowance.
(5) If the director waives an overpayment he or she must
state in writing:
(a) The nature of and reason for the overpayment;
(b) The reason for the waiver; and
(c) The amount of the overpayment that is waived.
The department will maintain a file containing documentation of all overpayments waived. The department will provide the file to any person upon request.
(6) This section applies to overpayments identified on or
after September 1, 1994. [1996 c 56 § 4.]
41.50.139 Retirement status reports—Overpayments—Employer obligations. (1) Retirement system
employers shall elicit on a written form from all new employees as to their having been retired from a retirement system
listed in RCW 41.50.030. Employers must report any retirees
in their employ to the department. If a retiree works in excess
of applicable postretirement employment restrictions and the
employer failed to report the employment of the retiree, that
employer is liable for the loss to the trust fund.
(2) If an employer erroneously reports to the department
that an employee has separated from service such that a person receives a retirement allowance in contravention of the
applicable retirement system statutes, the person's retirement
status shall remain unaffected and the employer is liable for
the resulting overpayments.
(3) Upon receipt of a billing from the department, the
employer shall pay into the appropriate retirement system
trust fund the amount of the overpayment plus interest as
determined by the director. The employer's liability under
this section shall not exceed the amount of overpayments
plus interest received by the retiree within three years of the
41.50.139
41.50.137
41.50.137 Collection of overpayments—Department
may issue subpoenas. The department may issue subpoenas
to compel the statement of witnesses and the production of
any books, records, or documents necessary or relevant to the
department's administration of duties under this chapter. It is
unlawful for any person or entity, without just cause, to fail to
comply with any subpoena issued under this section. [1996 c
56 § 3.]
41.50.138
41.50.138 Collection of overpayments—Waiver of
overpayment. (1) The director may waive repayment of all
or part of a retirement allowance overpayment, under RCW
41.50.130 only, if:
(a) The overpayment was not the result of the retiree's or
the beneficiary's nondisclosure, fraud, misrepresentation, or
other fault; and
(b) The director finds in his or her sole discretion that
recovery of the overpayment would be a manifest injustice.
(2) The director may not waive an overpayment if the
member, retiree, or beneficiary:
(2004 Ed.)
[Title 41 RCW—page 287]
41.50.140
Title 41 RCW: Public Employment, Civil Service, and Pensions
date of discovery, except in the case of fraud. In the case of
fraud, the employer is liable for the entire overpayment plus
interest. [1997 c 254 § 16.]
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
41.50.140
41.50.140 Cooperation of employers in administration of systems—Employer contributions for retroactive
service credit—Employee contributions paid by
employer. (1) Every employer participating in one or more
of the retirement systems listed in RCW 41.50.030 shall fully
cooperate in the administration of the systems in which its
employees participate, including the distribution of information to employees, and shall accept and carry out all other
duties as required by law, regulation, or administrative
instruction.
(2) If an employee is entitled to retroactive service credit
which was not previously established through no fault of the
employee, or through an employer error which has caused a
member's compensation or contributions to be understated or
overstated so as to cause a loss to the retirement funds, the
director may bill the employer for the loss, to include interest,
if applicable. The employer contributions, with interest
thereon, will be treated as if in fact the interest was part of the
normal employer contribution and no distribution of interest
received shall be required.
(3) Employer-paid employee contributions will not be
credited to a member's account until the employer notifies the
director in writing that the employer has been reimbursed by
the employee or beneficiary for the payment. The employer
shall have the right to collect from the employee the amount
of the employee's obligation. Failure on the part of the
employer to collect all or any part of the sums which may be
due from the employee or beneficiary shall in no way cause
the employer obligation for the total liability to be lessened.
[1982 1st ex.s. c 52 § 33.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
41.50.145
41.50.145 Plan 3—Loss of investment return due to
error—Liability. (1) If the department determines that due
to employer error a member of plan 3 has suffered a loss of
investment return, the employer shall pay the department for
credit to the member's account the amount determined by the
department as necessary to correct the error.
(2) If the department determines that due to departmental
error a member of plan 3 has suffered a loss of investment
return, the department shall credit to the member's account
from the appropriate retirement system combined plan 2 and
3 fund the amount determined by the department as necessary
to correct the error. [1999 c 223 § 2; 1998 c 341 § 515.]
Effective date—1999 c 223: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 10, 1999]." [1999 c 223 § 4.]
Effective date—1998 c 341: See note following RCW 41.34.060.
41.50.150
41.50.150 Retirement benefits based on excess compensation—Employer liable for extra retirement costs.
(Effective until July 1, 2006.) (1) The employer of any
employee whose retirement benefits are based in part on
[Title 41 RCW—page 288]
excess compensation, as defined in this section, shall, upon
receipt of a billing from the department, pay into the appropriate retirement system the present value at the time of the
employee's retirement of the total estimated cost of all
present and future benefits from the retirement system attributable to the excess compensation. The state actuary shall
determine the estimated cost using the same method and procedure as is used in preparing fiscal note costs for the legislature. However, the director may in the director's discretion
decline to bill the employer if the amount due is less than fifty
dollars. Accounts unsettled within thirty days of the receipt of
the billing shall be assessed an interest penalty of one percent
of the amount due for each month or fraction thereof beyond
the original thirty-day period.
(2) "Excess compensation," as used in this section,
includes the following payments, if used in the calculation of
the employee's retirement allowance:
(a) A cash out of unused annual leave in excess of two
hundred forty hours of such leave. "Cash out" for purposes of
this subsection means:
(i) Any payment in lieu of an accrual of annual leave; or
(ii) Any payment added to salary or wages, concurrent
with a reduction of annual leave;
(b) A cash out of any other form of leave;
(c) A payment for, or in lieu of, any personal expense or
transportation allowance to the extent that payment qualifies
as reportable compensation in the member's retirement system;
(d) The portion of any payment, including overtime payments, that exceeds twice the regular daily or hourly rate of
pay; and
(e) Any termination or severance payment.
(3) This section applies to the retirement systems listed
in RCW 41.50.030 and to retirements occurring on or after
March 15, 1984. Nothing in this section is intended to amend
or determine the meaning of any definition in chapter 2.10,
2.12, 41.26, 41.32, 41.40, 41.35, or 43.43 RCW or to determine in any manner what payments are includable in the calculation of a retirement allowance under such chapters.
(4) An employer is not relieved of liability under this
section because of the death of any person either before or
after the billing from the department. [1998 c 341 § 509;
1997 c 221 § 1; 1995 c 244 § 1; 1984 c 184 § 1.]
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Application—1995 c 244 § 1: "The definition of "cash out"
added to RCW 41.50.150(2)(a) by this act is a clarification of the legislature's original intent regarding the meaning of the term. The definition of
"cash out" applies retroactively to payments made before July 23, 1995."
[1995 c 244 § 2.]
Severability—1984 c 184: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 184 § 31.]
41.50.150
41.50.150 Retirement benefits based on excess compensation—Employer liable for extra retirement costs.
(Effective July 1, 2006.) (1) The employer of any employee
whose retirement benefits are based in part on excess compensation, as defined in this section, shall, upon receipt of a
billing from the department, pay into the appropriate retirement system the present value at the time of the employee's
retirement of the total estimated cost of all present and future
(2004 Ed.)
Department of Retirement Systems
benefits from the retirement system attributable to the excess
compensation. The state actuary shall determine the estimated cost using the same method and procedure as is used in
preparing fiscal note costs for the legislature. However, the
director may in the director's discretion decline to bill the
employer if the amount due is less than fifty dollars.
Accounts unsettled within thirty days of the receipt of the
billing shall be assessed an interest penalty of one percent of
the amount due for each month or fraction thereof beyond the
original thirty-day period.
(2) "Excess compensation," as used in this section,
includes the following payments, if used in the calculation of
the employee's retirement allowance:
(a) A cash out of unused annual leave in excess of two
hundred forty hours of such leave. "Cash out" for purposes of
this subsection means:
(i) Any payment in lieu of an accrual of annual leave; or
(ii) Any payment added to salary or wages, concurrent
with a reduction of annual leave;
(b) A cash out of any other form of leave;
(c) A payment for, or in lieu of, any personal expense or
transportation allowance to the extent that payment qualifies
as reportable compensation in the member's retirement system;
(d) The portion of any payment, including overtime payments, that exceeds twice the regular daily or hourly rate of
pay; and
(e) Any termination or severance payment.
(3) This section applies to the retirement systems listed
in RCW 41.50.030 and to retirements occurring on or after
March 15, 1984. Nothing in this section is intended to amend
or determine the meaning of any definition in chapter 2.10,
2.12, 41.26, 41.32, 41.40, 41.35, 41.37, or 43.43 RCW or to
determine in any manner what payments are includable in the
calculation of a retirement allowance under such chapters.
(4) An employer is not relieved of liability under this
section because of the death of any person either before or
after the billing from the department. [2004 c 242 § 47; 1998
c 341 § 509; 1997 c 221 § 1; 1995 c 244 § 1; 1984 c 184 § 1.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Application—1995 c 244 § 1: "The definition of "cash out"
added to RCW 41.50.150(2)(a) by this act is a clarification of the legislature's original intent regarding the meaning of the term. The definition of
"cash out" applies retroactively to payments made before July 23, 1995."
[1995 c 244 § 2.]
Severability—1984 c 184: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 184 § 31.]
41.50.152 Payment of excess compensation—Public
notice requirements. (Effective until July 1, 2006.) (1)
Except as limited by subsection (3) of this section, the governing body of an employer under chapter 41.32, 41.35, or
41.40 RCW shall comply with the provisions of subsection
(2) of this section prior to executing a contract or collective
bargaining agreement with members under chapter 41.32,
41.35, or 41.40 RCW which provides for:
(a) A cash out of unused annual leave in excess of two
hundred forty hours of such leave. "Cash out" for purposes of
this subsection means any payment in lieu of an accrual of
41.50.152
(2004 Ed.)
41.50.152
annual leave or any payment added to regular salary, concurrent with a reduction of annual leave;
(b) A cash out of any other form of leave;
(c) A payment for, or in lieu of, any personal expense or
transportation allowance;
(d) The portion of any payment, including overtime payments, that exceeds twice the regular rate of pay; or
(e) Any other termination or severance payment.
(2) Any governing body entering into a contract that
includes a compensation provision listed in subsection (1) of
this section shall do so only after public notice in compliance
with the open public meetings act, chapter 42.30 RCW. This
notification requirement may be accomplished as part of the
approval process for adopting a contract in whole, and does
not require separate or additional open public meetings. At
the public meeting, full disclosure shall be made of the nature
of the proposed compensation provision, and the employer's
estimate of the excess compensation billings under RCW
41.50.150 that the employing entity would have to pay as a
result of the proposed compensation provision. The employer
shall notify the department of its compliance with this section
at the time the department bills the employer under RCW
41.50.150 for the pension impact of compensation provisions
listed in subsection (1) of this section that are adopted after
July 23, 1995.
(3) The requirements of subsection (2) of this section
shall not apply to the adoption of a compensation provision
listed in subsection (1) of this section if the compensation
would not be includable in calculating benefits under chapter
41.32, 41.35, or 41.40 RCW for the employees covered by
the compensation provision. [1998 c 341 § 510; 1995 c 387
§ 1.]
Effective date—1998 c 341: See RCW 41.35.901.
41.50.152
41.50.152 Payment of excess compensation—Public
notice requirements. (Effective July 1, 2006.) (1) Except
as limited by subsection (3) of this section, the governing
body of an employer under chapter 41.32, 41.35, 41.37, or
41.40 RCW shall comply with the provisions of subsection
(2) of this section prior to executing a contract or collective
bargaining agreement with members under chapter 41.32,
41.35, 41.37, or 41.40 RCW which provides for:
(a) A cash out of unused annual leave in excess of two
hundred forty hours of such leave. "Cash out" for purposes of
this subsection means any payment in lieu of an accrual of
annual leave or any payment added to regular salary, concurrent with a reduction of annual leave;
(b) A cash out of any other form of leave;
(c) A payment for, or in lieu of, any personal expense or
transportation allowance;
(d) The portion of any payment, including overtime payments, that exceeds twice the regular rate of pay; or
(e) Any other termination or severance payment.
(2) Any governing body entering into a contract that
includes a compensation provision listed in subsection (1) of
this section shall do so only after public notice in compliance
with the open public meetings act, chapter 42.30 RCW. This
notification requirement may be accomplished as part of the
approval process for adopting a contract in whole, and does
not require separate or additional open public meetings. At
[Title 41 RCW—page 289]
41.50.155
Title 41 RCW: Public Employment, Civil Service, and Pensions
the public meeting, full disclosure shall be made of the nature
of the proposed compensation provision, and the employer's
estimate of the excess compensation billings under RCW
41.50.150 that the employing entity would have to pay as a
result of the proposed compensation provision. The
employer shall notify the department of its compliance with
this section at the time the department bills the employer
under RCW 41.50.150 for the pension impact of compensation provisions listed in subsection (1) of this section that are
adopted after July 23, 1995.
(3) The requirements of subsection (2) of this section
shall not apply to the adoption of a compensation provision
listed in subsection (1) of this section if the compensation
would not be includable in calculating benefits under chapter
41.32, 41.35, 41.37, or 41.40 RCW for the employees covered by the compensation provision. [2004 c 242 § 48; 1998
c 341 § 510; 1995 c 387 § 1.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
(a) Establish allowable membership service not previously credited;
(b) Restore all or a part of that previously credited membership service represented by withdrawn contributions; or
(c) Restore service credit represented by a lump sum
payment in lieu of benefits.
(2) Persons who previously have failed to:
(a) Establish service credit for service previously earned;
or
(b) Reestablish service credit by the restoration of withdrawn contributions or repayment of a lump sum payment in
lieu of a benefit, may now establish or reestablish such service credit by paying the actuarial value of the resulting
increase in their benefit in a manner defined by the department.
(3) Any establishment of service credit for service previously rendered, restoration of service credit destroyed, or
repayment of a lump sum received in lieu of benefit must be
completed prior to retirement.
(4) Service credit is established for or restored to the
period in which the service credit is earned. [1994 c 197 § 2.]
41.50.155
41.50.155 Erroneous withdrawals of contributions—
Restoration. (1) If a person receives a withdrawal of accumulated contributions from any of the retirement systems
listed in RCW 41.50.030 in contravention of the restrictions
on withdrawal for the particular system, the member shall no
longer be entitled to credit for the period of service represented by the withdrawn contributions. The erroneous withdrawal shall be treated as an authorized withdrawal, subject
to all conditions imposed by the member's system for restoration of withdrawn contributions. Failure to restore the contributions within the time permitted by the system shall constitute a waiver by the member of any right to receive a retirement allowance based upon the period of service represented
by the withdrawn contributions.
(2) All erroneous withdrawals occurring prior to June 9,
1994, shall be subject to the provisions of this section. The
deadline for restoring the prior erroneous withdrawals shall
be five years from June 9, 1994, for members who are currently active members of a system. [1994 c 177 § 4.]
Findings—1994 c 177: See note following RCW 41.50.125.
41.50.160
41.50.160 Restoration of withdrawn contributions.
The department of retirement systems shall incorporate the
development of individual member accounts receivable into
its information systems projects for fiscal years 1993 and
1994, so that by January 1, 1994, members of state retirement
systems who are otherwise eligible to restore previously
withdrawn contributions have the option to make restoration
in a manner determined by the department. [1994 c 197 § 31;
1992 c 195 § 2.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
41.50.165
41.50.165 Establishing, restoring service credit—
Conditions. (1) Except for those affected by subsection (4)
of this section, a member of a retirement system specified by
RCW 41.50.030 or, one previously established by the state
but closed to new membership, may, as provided in each
retirement system:
[Title 41 RCW—page 290]
Intent—1994 c 197: "(1) This act removes the time limitations within
the state's retirement systems for:
(a) The restoration of service credit represented by employee contributions withdrawn by a member of a state's retirement systems; or
(b) The crediting of certain service that, under the provisions of the system, was not creditable at the time it was performed, such as a probationary
period or interrupted military service.
(2) This act expands the current procedures for establishing service
credit previously earned, restoring withdrawn contributions, or repaying
lump sums received in lieu of a benefit. In so doing, it allows the member of
one of the state's retirement systems to obtain additional service credit by
paying the value of this added benefit that was previously unavailable."
[1994 c 197 § 1.]
Severability—1994 c 197: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1994 c 197 § 37.]
Effective date—1994 c 197: "This act shall take effect January 1,
1995." [1994 c 197 § 38.]
41.50.170 Notification of restoration rights. Upon
termination for reasons other than retirement, the department
shall inform a member withdrawing his or her contributions,
and the member shall acknowledge in writing, of the right to
restore such contributions upon reestablishment of membership in the respective retirement system and the requirements
involved in such restoration. [1994 c 197 § 3.]
41.50.170
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
41.50.175 Adoption of rules. The department shall
adopt rules under chapter 34.05 RCW implementing and
administering chapter 197, Laws of 1994. These rules are to
include, but are not limited to:
(1) The application and calculation of actuarial value,
with the agreement of the state actuary; and
(2) Establishing the minimum partial payment or the
minimum units of restored service, or both. [1994 c 197 § 4.]
41.50.175
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
41.50.200 Subdivision of retirement system funds. In
the records of the teachers' retirement system the teachers'
41.50.200
(2004 Ed.)
Department of Retirement Systems
retirement system plan 1 fund shall be subdivided into the
member reserve, the pension reserve, and other funds as may
from time to time be created by the director for the purpose of
the internal accounting record. The director may adopt rules
creating or deleting funds as he or she deems necessary.
[1992 c 212 § 2; 1991 c 35 § 32; 1989 c 273 § 16; 1982 1st
ex.s. c 52 § 7; 1969 ex.s. c 150 § 1; 1963 ex.s. c 14 § 2; 1955
c 274 § 2; 1947 c 80 § 3; Rem. Supp. 1947 § 4995-28. Prior:
1941 c 97 § 2, part; 1937 c 221 § 3, part; 1923 c 187 § 5, part;
Rem. Supp. 1941 § 4995-3, part. Formerly RCW 41.32.030.]
41.50.235
§ 4995-38. Prior: 1941 c 97 § 6, part; 1939 c 86 § 6, part;
1937 c 221 § 7, part; Rem. Supp. 1941 § 4995-7, part. Formerly RCW 41.32.190.]
*Reviser's note: RCW 41.32.499 was repealed by 1995 c 345 § 11.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1973 1st ex.s. c 189: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 189 § 12.]
41.50.220
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1989 c 273: See RCW 41.45.900.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Effective date—1969 ex.s. c 150: "The provisions of sections 1
through 20 of this 1969 amendatory act shall take effect on July 1, 1969."
[1969 ex.s. c 150 § 21.]
41.50.220 Trustees, employees not to guarantee
loans. No trustee or employee of the department shall
become an endorser or surety or an obligor for moneys
loaned by the department. [1991 c 35 § 37; 1947 c 80 § 23;
Rem. Supp. 1947 § 4995-42. Prior: 1941 c 97 § 6, part; 1939
c 86 § 6, part; 1937 c 221 § 7, part; Rem. Supp. 1941 §
4995-7, part. Formerly RCW 41.32.230.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.50.205
41.50.205 Records—Teachers' retirement system
annual report. The department shall keep a record of all its
proceedings, which shall be open to public inspection. It shall
publish annually a report showing the fiscal transactions of
the Washington state teachers' retirement system for the preceding school year; the amount of the accumulated cash and
securities of the system, and the last balance sheet showing
the financial condition of the system by means of an actuarial
valuation of the assets and liabilities of the retirement system.
[1991 c 35 § 33; 1969 ex.s. c 150 § 4; 1947 c 80 § 12; Rem.
Supp. 1947 § 4995-31. Prior: 1941 c 97 § 2, part; 1937 c 221
§ 3, part; Rem. Supp. 1941 § 4995-3, part. Formerly RCW
41.32.120.]
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.
41.50.230
41.50.230 Employer reports to department. On or
before a date specified by the department in each month
every employer shall file a report with the department on a
form provided, stating the name of the employer and with
respect to each employee who is a member or who is required
to become a member of the Washington state teachers' retirement system: (1) The full name, (2) the earnable compensation paid, (3) the employee's contribution to the retirement
system, and (4) other information as the department shall
require. [1991 c 35 § 51; 1983 c 56 § 14; 1975-'76 2nd ex.s.
c 16 § 1. Prior: 1975 1st ex.s. c 275 § 150; 1975 c 43 § 32;
1969 ex.s. c 176 § 96; 1967 c 50 § 4; 1963 ex.s. c 14 § 13;
1947 c 80 § 42; Rem. Supp. 1947 § 4995-61. Formerly RCW
41.32.420.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.50.210
41.50.210 Medical director. The director shall designate a medical director. If required, other physicians may be
employed to report on special cases. The medical director
shall arrange for and pass upon all medical examinations
required under the provisions of chapter 41.32 RCW, investigate all essential statements and certificates by or on behalf of
a member in connection with an application for a disability
allowance, and report in writing to the board of trustees the
conclusions and recommendations upon all matters under
referral. [1992 c 72 § 10; 1991 c 35 § 34; 1947 c 80 § 13;
Rem. Supp. 1947 § 4995-32. Prior: 1941 c 97 § 2, part; 1937
c 221 § 3, part; Rem. Supp. 1941 § 4995-3, part. Formerly
RCW 41.32.130.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.50.215
41.50.215 Teachers' retirement system funds—
Annual interest to be credited. From interest and other
earnings on the moneys of the Washington state teachers'
retirement system, and except as otherwise provided in
*RCW 41.32.499, at the close of each fiscal year the department shall make an allowance of regular interest on the balance which was on hand at the beginning of the fiscal year in
each of the teachers' retirement system funds as they may
deem advisable; however, no interest shall be credited to the
expense fund. [1992 c 212 § 6; 1991 c 35 § 36; 1973 1st ex.s.
c 189 § 7; 1955 c 274 § 5; 1947 c 80 § 19; Rem. Supp. 1947
(2004 Ed.)
Severability—1983 c 56: See note following RCW 28A.195.010.
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Effective date—1969 ex.s. c 176: See note following RCW 41.32.010.
Effective date—Severability—1967 c 50: See notes following RCW
41.32.010.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
41.50.235
41.50.235 Teachers' retirement system salary deductions. Every officer authorized to issue salary warrants to
teachers shall deduct from the salary payments to any member of the Washington state teachers' retirement system plan
1 regularly employed an amount which will result in total
deductions of six percent of the amount of earnable compensation paid in any fiscal year. These deductions shall be transmitted and reported to the retirement system as directed by
the department. [1991 c 35 § 52; 1967 c 50 § 5; 1963 ex.s. c
14 § 14; 1955 c 274 § 20; 1947 c 80 § 43; Rem. Supp. 1947 §
4995-62. Prior: 1941 c 97 § 5, part; 1939 c 86 § 5, part; 1937
c 221 § 6, part; Rem. Supp. 1941 § 4995-6, part. Formerly
RCW 41.32.430.]
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—Severability—1967 c 50: See notes following RCW
41.32.010.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes
following RCW 41.32.010.
[Title 41 RCW—page 291]
41.50.240
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.50.240
41.50.240 Duties of payroll officer. The person
responsible for making up the payroll shall transmit promptly
to the department at the end of each and every payroll period
a copy of the original payroll voucher or such other payroll
report as the department may require showing thereon all
deductions for contributions for the teachers' retirement system made from the earnable compensation of a member of
the teachers' retirement system together with warrants or
checks covering the total of such deductions. The department
shall place such moneys into the proper funds established in
this chapter. [1977 ex.s. c 293 § 17. Formerly RCW
41.32.830.]
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW
41.32.755.
41.50.255
41.50.255 Payment of legal and medical expenses of
retirement systems. (Effective until July 1, 2006.) The
director is authorized to pay from the interest earnings of the
trust funds of the public employees' retirement system, the
teachers' retirement system, the Washington state patrol
retirement system, the Washington judicial retirement system, the judges' retirement system, the school district
employees' retirement system, or the law enforcement officers' and fire fighters' retirement system lawful obligations of
the appropriate system for legal expenses and medical
expenses which expenses are primarily incurred for the purpose of protecting the appropriate trust fund or are incurred in
compliance with statutes governing such funds.
The term "legal expense" includes, but is not limited to,
legal services provided through the legal services revolving
fund, fees for expert witnesses, travel expenses, fees for court
reporters, cost of transcript preparation, and reproduction of
documents.
The term "medical costs" includes, but is not limited to,
expenses for the medical examination or reexamination of
members or retirees, the costs of preparation of medical
reports, and fees charged by medical professionals for attendance at discovery proceedings or hearings.
The director may also pay from the interest earnings of
the trust funds specified in this section costs incurred in
investigating fraud and collecting overpayments, including
expenses incurred to review and investigate cases of possible
fraud against the trust funds and collection agency fees and
other costs incurred in recovering overpayments. Recovered
funds must be returned to the appropriate trust funds. [1998
c 341 § 511; 1995 c 281 § 1; 1993 sp.s. c 24 § 916; 1991 c 35
§ 73; 1984 c 184 § 7. Formerly RCW 41.40.083.]
Effective date—1998 c 341: See RCW 41.35.901.
Effective date—1995 c 281: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 281 § 2.]
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.310.020.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1984 c 184: See note following RCW 41.50.150.
41.50.255
41.50.255 Payment of legal and medical expenses of
retirement systems. (Effective July 1, 2006.) The director
is authorized to pay from the interest earnings of the trust
[Title 41 RCW—page 292]
funds of the public employees' retirement system, the teachers' retirement system, the Washington state patrol retirement
system, the Washington judicial retirement system, the
judges' retirement system, the school employees' retirement
system, the public safety employees' retirement system, or
the law enforcement officers' and fire fighters' retirement system lawful obligations of the appropriate system for legal
expenses and medical expenses which expenses are primarily
incurred for the purpose of protecting the appropriate trust
fund or are incurred in compliance with statutes governing
such funds.
The term "legal expense" includes, but is not limited to,
legal services provided through the legal services revolving
fund, fees for expert witnesses, travel expenses, fees for court
reporters, cost of transcript preparation, and reproduction of
documents.
The term "medical costs" includes, but is not limited to,
expenses for the medical examination or reexamination of
members or retirees, the costs of preparation of medical
reports, and fees charged by medical professionals for attendance at discovery proceedings or hearings.
The director may also pay from the interest earnings of
the trust funds specified in this section costs incurred in
investigating fraud and collecting overpayments, including
expenses incurred to review and investigate cases of possible
fraud against the trust funds and collection agency fees and
other costs incurred in recovering overpayments. Recovered
funds must be returned to the appropriate trust funds. [2004
c 242 § 49; 1998 c 341 § 511; 1995 c 281 § 1; 1993 sp.s. c 24
§ 916; 1991 c 35 § 73; 1984 c 184 § 7. Formerly RCW
41.40.083.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Effective date—1995 c 281: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 281 § 2.]
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.310.020.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1984 c 184: See note following RCW 41.50.150.
41.50.260
41.50.260 Public employees' retirement system funds
created. For the purpose of the internal accounting record of
the public employees' retirement system and not the segregation of moneys on deposit with the state treasurer there are
hereby created the employees' savings fund, the benefit
account fund, and such other funds as the director may from
time to time create.
(1) The employees' savings fund shall be the fund in
which shall be accumulated the contributions from the compensation of public employees' retirement system members.
The director shall provide for the maintenance of an individual account for each member of the public employees' retirement system showing the amount of the member's contributions together with interest accumulations thereon. The contributions of a member returned to the former employee upon
the individual's withdrawal from service, or paid in event of
the employee's or former employee's death, as provided in
chapter 41.40 RCW, shall be paid from the employees' savings fund. The accumulated contributions of a member, upon
(2004 Ed.)
Department of Retirement Systems
the commencement of the individual's retirement, shall be
transferred from the employees' savings fund to the benefit
account fund.
(2) The benefit account fund shall be the fund in which
shall be accumulated the reserves for the payment of all public employees' retirement system retirement allowances and
death benefits, if any, in respect of any beneficiary. The
amounts contributed by all public employees' retirement system employers to provide pension benefits shall be credited
to the benefit account fund. The benefit account fund shall be
the fund from which shall be paid all public employees'
retirement system retirement allowances, or benefits in lieu
thereof because of which reserves have been transferred from
the employees' savings fund to the benefit account fund. At
the time a recipient of a retirement allowance again becomes
a member of the public employees' retirement system, the
department shall transfer from the benefit account fund to the
employees' savings fund and credit to the individual account
of such a member a sum equal to the excess, if any, of the
individual's account at the date of the member's retirement
over any service retirement allowance received since that
date. [1992 c 212 § 11; 1991 c 35 § 74; 1982 1st ex.s. c 52 §
18; 1973 1st ex.s. c 190 § 4; 1972 ex.s. c 151 § 2; 1967 c 127
§ 2; 1963 c 174 § 7; 1953 c 200 § 4; 1949 c 240 § 6; 1947 c
274 § 11; Rem. Supp. 1949 § 11072-11. Formerly RCW
41.40.100.]
Intent—1991 c 35: See note following RCW 41.26.005.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Severability—1973 1st ex.s. c 190: See note following RCW
41.40.010.
41.50.265
41.50.265 Public employees' retirement system
funds—Report of the state treasurer—Members may
receive reports and statements. The state treasurer shall
furnish annually to the department a statement of the amount
of the funds in the treasurer's custody belonging to the public
employees' retirement system. Copies of this annual report
shall be available to public employees' retirement system
members upon request. The records of the department shall
be open to public inspection. Any member of the public
employees' retirement system shall be furnished with a statement of the amount to the credit of his or her individual
account in the employees' savings fund upon his or her written request, provided that the department shall not be
required to answer more than one such request of any member in any one year. [1991 c 35 § 75; 1947 c 274 § 12; Rem.
Supp. 1947 § 11072-12. Formerly RCW 41.40.110.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.50.270 Transmittal of total of public employees'
retirement system members' deductions. The person
responsible for making up the payroll shall transmit promptly
to the department at the end of each and every payroll period
a copy of the original payroll voucher or any other payroll
report as the department may require showing thereon all
deductions for the public employees' retirement system made
from the compensation earnable of each member, together
with warrants or checks covering the total of the deductions.
The department after making a record of all receipts shall pay
them to the state treasurer for use according to the provisions
41.50.270
(2004 Ed.)
41.50.500
of chapter 41.40 RCW. [1991 c 35 § 90; 1977 ex.s. c 295 §
19; 1947 c 274 § 36; Rem. Supp. 1947 § 11072-36. Formerly
RCW 41.40.350.]
Intent—1991 c 35: See note following RCW 41.26.005.
41.50.500
41.50.500 Mandatory assignment of retirement benefits—Definitions. (Effective until July 1, 2006.) Unless
the context clearly requires otherwise, the definitions in this
section apply throughout RCW 41.50.500 through 41.50.650,
41.50.670 through 41.50.720, and 26.09.138.
(1) "Benefits" means periodic retirement payments or a
withdrawal of accumulated contributions.
(2) "Disposable benefits" means that part of the benefits
of an individual remaining after the deduction from those
benefits of any amount required by law to be withheld. The
term "required by law to be withheld" does not include any
deduction elective to the member.
(3) "Dissolution order" means any judgment, decree, or
order of spousal maintenance, property division, or courtapproved property settlement incident to a decree of divorce,
dissolution, invalidity, or legal separation issued by the superior court of the state of Washington or a judgment, decree, or
other order of spousal support issued by a court of competent
jurisdiction in another state or country, that has been registered or otherwise made enforceable in this state.
(4) "Mandatory benefits assignment order" means an
order issued to the department of retirement systems pursuant
to RCW 41.50.570 to withhold and deliver benefits payable
to an obligor under chapter 2.10, 2.12, 41.26, 41.32, 41.40,
41.35, or 43.43 RCW.
(5) "Obligee" means an ex spouse or spouse to whom a
duty of spousal maintenance or property division obligation
is owed.
(6) "Obligor" means the spouse or ex spouse owing a
duty of spousal maintenance or a property division obligation.
(7) "Periodic retirement payments" means periodic payments of retirement allowances, including but not limited to
service retirement allowances, disability retirement allowances, and survivors' allowances. The term does not include a
withdrawal of accumulated contributions.
(8) "Property division obligation" means any outstanding court-ordered property division or court-approved property settlement obligation incident to a decree of divorce, dissolution, or legal separation.
(9) "Standard allowance" means a benefit payment
option selected under RCW 2.10.146(1)(a), 41.26.460(1)(a),
41.32.785(1)(a), 41.40.188(1)(a), 41.40.660(1),
41.40.845(1)(a), or 41.35.220 that ceases upon the death of
the retiree. Standard allowance also means the benefit allowance provided under RCW 2.10.110, 2.10.130, 43.43.260,
41.26.100, 41.26.130(1)(a), or chapter 2.12 RCW. Standard
allowance also means the maximum retirement allowance
available under RCW 41.32.530(1) following member withdrawal of accumulated contributions, if any.
(10) "Withdrawal of accumulated contributions" means
a lump sum payment to a retirement system member of all or
a part of the member's accumulated contributions, including
accrued interest, at the request of the member including any
lump sum amount paid upon the death of the member. [2000
[Title 41 RCW—page 293]
41.50.500
Title 41 RCW: Public Employment, Civil Service, and Pensions
c 247 § 603; 1998 c 341 § 512; 1991 c 365 § 1; 1987 c 326 §
1.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Severability—1991 c 365: "If any provision of this act or its application to any person or circumstances is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1991 c 365 § 37.]
(10) "Withdrawal of accumulated contributions" means
a lump sum payment to a retirement system member of all or
a part of the member's accumulated contributions, including
accrued interest, at the request of the member including any
lump sum amount paid upon the death of the member. [2004
c 242 § 50; 2000 c 247 § 603; 1998 c 341 § 512; 1991 c 365
§ 1; 1987 c 326 § 1.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
41.50.500
41.50.500 Mandatory assignment of retirement benefits—Definitions. (Effective July 1, 2006.) Unless the context clearly requires otherwise, the definitions in this section
apply throughout RCW 41.50.500 through 41.50.650,
41.50.670 through 41.50.720, and 26.09.138.
(1) "Benefits" means periodic retirement payments or a
withdrawal of accumulated contributions.
(2) "Disposable benefits" means that part of the benefits
of an individual remaining after the deduction from those
benefits of any amount required by law to be withheld. The
term "required by law to be withheld" does not include any
deduction elective to the member.
(3) "Dissolution order" means any judgment, decree, or
order of spousal maintenance, property division, or courtapproved property settlement incident to a decree of divorce,
dissolution, invalidity, or legal separation issued by the superior court of the state of Washington or a judgment, decree, or
other order of spousal support issued by a court of competent
jurisdiction in another state or country, that has been registered or otherwise made enforceable in this state.
(4) "Mandatory benefits assignment order" means an
order issued to the department of retirement systems pursuant
to RCW 41.50.570 to withhold and deliver benefits payable
to an obligor under chapter 2.10, 2.12, 41.26, 41.32, 41.40,
41.35, 41.37, or 43.43 RCW.
(5) "Obligee" means an ex spouse or spouse to whom a
duty of spousal maintenance or property division obligation
is owed.
(6) "Obligor" means the spouse or ex spouse owing a
duty of spousal maintenance or a property division obligation.
(7) "Periodic retirement payments" means periodic payments of retirement allowances, including but not limited to
service retirement allowances, disability retirement allowances, and survivors' allowances. The term does not include
a withdrawal of accumulated contributions.
(8) "Property division obligation" means any outstanding court-ordered property division or court-approved property settlement obligation incident to a decree of divorce, dissolution, or legal separation.
(9) "Standard allowance" means a benefit payment
option selected under RCW 2.10.146(1)(a), 41.26.460(1)(a),
41.32.785(1)(a), 41.40.188(1)(a), 41.40.660(1),
41.40.845(1)(a), 41.37.170, or 41.35.220 that ceases upon the
death of the retiree. Standard allowance also means the benefit allowance provided under RCW 2.10.110, 2.10.130,
43.43.260, 41.26.100, 41.26.130(1)(a), or chapter 2.12 RCW.
Standard allowance also means the maximum retirement
allowance available under RCW 41.32.530(1) following
member withdrawal of accumulated contributions, if any.
[Title 41 RCW—page 294]
Effective date—1998 c 341: See RCW 41.35.901.
Severability—1991 c 365: "If any provision of this act or its application to any person or circumstances is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1991 c 365 § 37.]
41.50.510 Mandatory assignment of retirement benefits—Remedies—Applicability. (1) The remedies provided in RCW 41.50.530 through 41.50.650 and 26.09.138
are in addition to, and not in substitution for, any other remedies provided by law to enforce a dissolution order against an
obligor.
(2) The remedies provided in RCW 41.50.530 through
41.50.630 shall be the exclusive remedies enforceable against
the department of retirement systems or the retirement systems listed in RCW 41.50.030 to recover spousal maintenance pursuant to a dissolution, divorce, or legal separation
order.
(3) RCW 41.50.530 through 41.50.650 and 26.09.138
apply to all dissolution orders incident to a decree of divorce,
dissolution, or legal separation whether entered before or
after July 1, 1987. [1991 c 365 § 2; 1987 c 326 § 2.]
41.50.510
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.520 Mandatory assignment of retirement benefits—Other remedies not limited. Nothing in RCW
41.50.500 through 41.50.650 limits the use of any and all
civil and criminal remedies against an obligor to enforce the
obligations of a dissolution order. [1987 c 326 § 3.]
41.50.520
41.50.530 Mandatory assignment of retirement benefits—Proceeding to enforce spousal maintenance—
Venue—Jurisdiction. (1) A proceeding to enforce a duty of
spousal maintenance through a mandatory benefits assignment order may be commenced by an obligee:
(a) By filing a petition for an original action; or
(b) By motion in an existing action or under an existing
cause number.
(2) Venue for the action is in the superior court of the
county of the state of Washington where the obligee resides
or is present, where the obligor resides, or where the prior
dissolution order was entered.
(3) The court retains continuing jurisdiction under RCW
41.50.500 through 41.50.650 and 26.09.138 until the obligor
has satisfied all duties of spousal maintenance, including
arrearages, to the obligee. [1991 c 365 § 3; 1987 c 326 § 4.]
41.50.530
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.540 Mandatory assignment of retirement benefits—Notice to obligor. (1) Every court order or decree
establishing a spousal maintenance obligation may state that
41.50.540
(2004 Ed.)
Department of Retirement Systems
if any such payment is more than fifteen days past due and the
total of such past due payments is equal to or greater than one
hundred dollars or if the obligor requests a withdrawal of
accumulated contributions from the department of retirement
systems, the obligee may seek a mandatory benefits assignment order without prior notice to the obligor. Failure to
include this provision does not affect the validity of the dissolution order.
(2) If the dissolution order under which the obligor owes
the duty of spousal maintenance is not in compliance with
subsection (1) of this section or if the obligee cannot show
that the obligor has approved or received a copy of the court
order or decree that complies with subsection (1) of this section, then notice shall be provided to the obligor at least fifteen days before the obligee seeks a mandatory benefits
assignment order. The notice shall state that, if a spousal
maintenance payment is more than fifteen days past due and
the total of such past due payments is equal to or greater than
one hundred dollars or if the obligor requests a withdrawal of
accumulated contributions from the department of retirement
systems, the obligee may seek a mandatory benefits assignment order without further notice to the obligor. Service of
the notice shall be by personal service, or by any form of mail
requiring a return receipt. The notice requirement under this
subsection is not jurisdictional. [1991 c 365 § 4; 1987 c 326
§ 5.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.550
41.50.550 Mandatory assignment of retirement benefits—Withdrawal of accumulated contributions—Notice
to obligee—Payment to obligee. (1) An obligee who wishes
to be notified by the department of retirement systems if the
obligor seeks a withdrawal of accumulated contributions
shall submit such a request to the department in writing on a
form supplied by the department. The request shall be filed
by certified or registered mail and shall include the obligee's
address and a copy of the dissolution order requiring the
spousal maintenance owed.
(2) The department shall thereafter promptly send notice
to the obligee at the address provided in subsection (1) of this
section when the obligor applies for a withdrawal of accumulated contributions. The department shall not process the
obligor's request for a withdrawal of accumulated contributions sooner than seventy-five days after sending the notice to
the obligee.
(3) The department shall pay directly to an obligee who
has not obtained a mandatory benefits assignment order all or
part of the accumulated contributions if the dissolution order
filed with the department pursuant to subsection (1) of this
section includes a provision that states:
"At such time as . . . . . . (the obligor) requests a withdrawal of accumulated contributions as defined in RCW
41.50.500, the department of retirement systems shall pay to
. . . . . . (the obligee) . . . . . . dollars from such accumulated
contributions or . . . percentage of such accumulated contributions (whichever is provided by the court)." [1991 c 365 §
5; 1987 c 326 § 6.]
Severability—1991 c 365: See note following RCW 41.50.500.
(2004 Ed.)
41.50.580
41.50.560 Mandatory assignment of retirement benefits—Petition for order. (1) A petition or motion seeking a
mandatory benefits assignment order in an action under
RCW 41.50.530 may be filed by an obligee if the obligor is
more than fifteen days past due in spousal maintenance payments and the total of such past due payments is equal to or
greater than one hundred dollars or if the obligor requests a
withdrawal of accumulated contributions from the department of retirement systems. The petition or motion shall
include a sworn statement by the obligee, stating the facts
authorizing the issuance of the mandatory benefits assignment order, including:
(a) That the obligor, stating his or her name, residence,
and social security number, (i) is more than fifteen days past
due in spousal maintenance payments and that the total of
such past due payments is equal to or greater than one hundred dollars, or (ii) has requested a withdrawal of accumulated contributions from the department of retirement systems;
(b) A description of the terms of the dissolution order
requiring payment of spousal maintenance and the amount, if
any, past due;
(c) The name of the public retirement system or systems
from which the obligor is currently receiving periodic retirement benefits or from which the obligor has requested a withdrawal of accumulated contributions; and
(d) That notice has been provided to the obligor as
required by RCW 41.50.540.
(2) If the court in which a mandatory benefits assignment
order is sought does not already have a copy of the dissolution order in the court file, then the obligee shall attach a copy
of the dissolution order to the petition or motion seeking the
mandatory benefits assignment order. [1991 c 365 § 6; 1987
c 326 § 7.]
41.50.560
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.570 Mandatory assignment of retirement benefits—Issuance of order. Upon receipt of a petition or
motion seeking a mandatory benefits assignment order that
complies with RCW 41.50.560, the court shall issue a mandatory benefits assignment order as provided in RCW
41.50.590, including the information required in RCW
41.50.580 (1)(a) or (2)(a), directed to the department of
retirement systems, and commanding the department to
answer the order on the forms served with the order that comply with RCW 41.50.610 within twenty days after service of
the order upon the department. [1987 c 326 § 8.]
41.50.570
41.50.580 Mandatory assignment of retirement benefits—Order—Contents. (1)(a) The mandatory benefits
assignment order issued pursuant to RCW 41.50.570 and
directed at periodic retirement benefits shall include:
(i) The maximum amount of current spousal maintenance to be withheld from the obligor's periodic retirement
benefits each month;
(ii) The total amount of the arrearage judgments previously entered by the court, if any, together with interest, if
any; and
(iii) The maximum amount to be withheld from the obligor's periodic retirement payments each month to satisfy the
arrearage judgments specified in (a)(ii) of this subsection.
41.50.580
[Title 41 RCW—page 295]
41.50.590
Title 41 RCW: Public Employment, Civil Service, and Pensions
(b) The total amount to be withheld from the obligor's
periodic retirement payments each month pursuant to a mandatory benefits assignment order shall not exceed fifty percent of the disposable benefits of the obligor. If the amounts
to be paid toward the arrearage are specified in the assignment order, then the maximum amount to be withheld is the
sum of the current maintenance ordered and the amount
ordered to be paid toward the arrearage, or fifty percent of the
disposable benefits of the obligor, whichever is less.
(c) Fifty percent of the disposable benefits of the obligor
are exempt from collection under the assignment order, and
may be disbursed by the department to the obligor. The provisions of RCW 6.27.150 do not apply to mandatory benefits
assignment orders under this chapter.
(2)(a) A mandatory benefits assignment order issued
pursuant to RCW 41.50.570 and directed at a withdrawal of
accumulated contributions shall include:
(i) The maximum amount of current spousal maintenance to be withheld from the obligor's accumulated contributions;
(ii) The total amount of the arrearage judgments for
spousal maintenance payments entered by the court, if any,
together with interest, if any; and
(iii) The amount to be withheld from the obligor's withdrawal of accumulated contributions to satisfy the current
maintenance obligation and the arrearage judgments specified in (a)(i) and (ii) of this subsection;
(b) The total amount to be withheld from the obligor's
withdrawal of accumulated contributions may be up to one
hundred percent of the disposable benefits of the obligor.
(3) If an obligor is subject to two or more mandatory
benefits assignment orders on account of different obligees
and if the nonexempt portion of the obligor's benefits is not
sufficient to respond fully to all the mandatory benefits
assignment orders, the department shall apportion the obligor's nonexempt disposable benefits among the various obligees in proportionate shares to the extent permitted by federal
law. Any obligee may seek a court order directing the department to reapportion the obligor's nonexempt disposable earnings upon notice to all interested obligees. The order must
specifically supersede the terms of previous mandatory benefits assignment orders the terms of which it alters. Notice
shall be by personal service, or in a manner provided by the
civil rules of superior court or applicable statute. [1991 c 365
§ 7; 1987 c 326 § 9.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.590
41.50.590 Mandatory assignment of retirement benefits—Order—Form. The mandatory benefits assignment
order shall be in the following form:
IN THE SUPERIOR COURT OF THE STATE OF
WASHINGTON IN AND FOR THE COUNTY OF
....................
................... ,
Obligee
vs.
................... ,
Obligor
[Title 41 RCW—page 296]
No. . . . .
MANDATORY
BENEFITS ASSIGNMENT
ORDER
. . . . . . . . . . . . . . . . . . . .,
The Department of Retirement Systems
of the State of Washington
THE STATE OF WASHINGTON TO: The Department of
Retirement Systems
AND TO:
..................................
Obligor
The above-named obligee claims that the above-named
obligor is more than fifteen days past due in spousal maintenance payments and that the total amount of such past due
payments is equal to or greater than one hundred dollars or
that the obligor has requested a withdrawal of accumulated
contributions from the department of retirement systems. The
amount of the accrued past due spousal maintenance debt as
of this date is . . . . . . dollars. If the obligor is receiving periodic retirement payments from the department, the amount to
be withheld from the obligor's benefits to satisfy such
accrued spousal maintenance is . . . . . . dollars per month and
the amount to be withheld from the obligor's benefits to satisfy current and continuing spousal maintenance is . . . . . .
per month. Upon satisfaction of the accrued past due spousal
maintenance debt, the department shall withhold only . . . . . .
dollars, the amount necessary to satisfy current and continuing spousal maintenance from the obligor's benefits. If the
obligor has requested a withdrawal of accumulated contributions from the department, the amount to be withheld from
the obligor's benefits to satisfy such accrued spousal maintenance is . . . . . . dollars.
You are hereby commanded to answer this order by filling in the attached form according to the instructions, and
you must mail or deliver the original of the answer to the
court, one copy to the obligee or obligee's attorney, and one
copy to the obligor within twenty days after service of this
benefits assignment order upon you.
(1) If you are currently paying periodic retirement payments to the obligor, then you shall do as follows:
(a) Withhold from the obligor's retirement payments
each month the lesser of:
(i) The sum of the specified arrearage payment amount
plus the specified current spousal maintenance amount; or
(ii) Fifty percent of the disposable benefits of the obligor.
(b) The total amount withheld above is subject to the
mandatory benefits assignment order, and all other sums may
be disbursed to the obligor.
You shall continue to withhold the ordered amounts
from nonexempt benefits of the obligor until notified by a
court order that the mandatory benefits assignment order has
been modified or terminated. You shall promptly notify the
court if and when the obligor is no longer receiving periodic
retirement payments from the department of retirement systems.
You shall deliver the withheld benefits to the clerk of the
court that issued this mandatory benefits assignment order
each month, but the first delivery shall occur no sooner than
twenty days after your receipt of this mandatory benefits
assignment order.
(2) If you are not currently paying periodic retirement
payments to the obligor but the obligor has requested a with(2004 Ed.)
Department of Retirement Systems
drawal of accumulated contributions, then you shall do as follows:
(a) Withhold from the obligor's benefits the sum of the
specified arrearage payment amount plus the specified interest amount, up to one hundred percent of the disposable benefits of the obligor.
(b) The total amount withheld above is subject to the
mandatory benefits assignment order, and all other sums may
be disbursed to the obligor.
You shall mail a copy of this order and a copy of your
answer to the obligor at the mailing address in the department's files as soon as is reasonably possible. This mandatory benefits assignment order has priority over any assignment or order of execution, garnishment, attachment, levy, or
similar legal process authorized by Washington law, except
for a wage assignment order for child support under chapter
26.18 RCW or order to withhold or deliver under chapter
74.20A RCW.
NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO
REQUEST A HEARING IN THE SUPERIOR COURT
THAT ISSUED THIS MANDATORY BENEFI TS
ASSIGNMENT ORDER, TO REQUEST THAT THE
COURT QUASH, MODIFY, OR TERMINATE THE
MANDATORY BENEFITS ASSIGNMENT ORDER.
DATED THIS . . . . day of . . . ., 19. . .
....................
Obligee,
or obligee's attorney
......................
Judge/Court Commissioner
[1991 c 365 § 8; 1987 c 326 § 10.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.600 Mandatory assignment of retirement benefits—Duties of department. (1) The director or the director's designee shall answer an order by sworn affidavit within
twenty days after the date of service. The answer shall state
whether the obligor receives periodic payments from the
department of retirement systems, whether the obligor has
requested a withdrawal of accumulated contributions from
the department, whether the department will honor the mandatory benefits assignment order and if not, the reasons why,
and whether there are other current court or administrative
orders on file with the department directing the department to
withhold all or a portion of the obligor's benefits.
(2)(a) If any periodic retirement payments are currently
payable to the obligor, the funds subject to the mandatory
benefits assignment order shall be withheld from the next
periodic retirement payment due twenty days or more after
receipt of the mandatory benefits assignment order. The withheld amount shall be delivered to the clerk of the court that
issued the mandatory benefits assignment order each month,
but the first delivery shall occur no sooner than twenty days
after receipt of the mandatory benefits assignment order.
(b) The department shall continue to withhold the
ordered amount from nonexempt benefits of the obligor until
notified by the court that the mandatory benefits assignment
order has been modified or terminated. If the department is
initially unable to comply, or able to comply only partially,
with the withholding obligation, the court's order shall be
interpreted to require the department to comply to the great41.50.600
(2004 Ed.)
41.50.600
est extent possible at the earliest possible date. The department shall notify the court of changes in withholding
amounts and the reason for the change. When the obligor is
no longer eligible to receive funds from one or more public
retirement systems the department shall promptly notify the
court.
(3)(a) If no periodic retirement payments are currently
payable to the obligor but the obligor has requested a withdrawal of accumulated contributions, the funds subject to the
mandatory benefits assignment order shall be withheld from
the withdrawal payment. The withheld amount shall be delivered to the clerk of the court that issued the mandatory benefits assignment order.
(b) If the department is unable to comply fully with the
withholding obligation, the court's order shall be interpreted
to require the department to comply to the greatest extent
possible.
(4) The department may deduct a processing fee from the
remainder of the obligor's funds after withholding under the
mandatory benefits assignment order, unless the remainder is
exempt under RCW 41.50.580. The processing fee may not
exceed (a) twenty-five dollars for the first disbursement made
by the department to the superior court clerk; and (b) six dollars for each subsequent disbursement to the clerk. Funds collected pursuant to this subsection shall be deposited in the
department of retirement systems expense fund.
(5) A court order for spousal maintenance governed by
RCW 41.50.500 through 41.50.650 or 26.09.138 shall have
priority over any other assignment or order of execution, garnishment, attachment, levy, or similar legal process authorized under Washington law, except for a mandatory wage
assignment for child support under chapter 26.18 RCW, or an
order to withhold and deliver under chapter 74.20A RCW.
(6) If the department, without good cause, fails to withhold funds as required by a mandatory benefits assignment
order issued under RCW 41.50.570, the department may be
held liable to the obligee for any amounts wrongfully disbursed to the obligor in violation of the mandatory benefits
assignment order. However, the department shall under no
circumstances be held liable for failing to withhold funds
from a withdrawal of accumulated contributions unless the
mandatory benefits assignment order was properly served on
the department at least thirty days before the department
made the withdrawal payment to the obligor. If the department is held liable to an obligee for failing to withhold funds
as required by a mandatory benefits assignment order, the
department may recover such amounts paid to an obligee by
thereafter either withholding such amounts from the available
nonexempt benefits of the obligor or filing a legal action
against the obligor.
(7) If the department complies with a court order pursuant to RCW 41.50.500 through 41.50.650, neither the department, its officers, its employees, nor any of the retirement
systems listed in RCW 41.50.030 may be liable to the obligor
or an obligee for wrongful withholding.
(8) The department may combine amounts withheld
from various obligors into a single payment to the superior
court clerk, if the payment includes a listing of the amounts
attributable to each obligor and other information as required
by the clerk.
[Title 41 RCW—page 297]
41.50.610
Title 41 RCW: Public Employment, Civil Service, and Pensions
(9) The department shall mail to the obligor at the obligor's last known mailing address appearing in the department's files copies of the mandatory benefits assignment
order and the department's answer within twenty days after
receiving the mandatory benefits assignment order.
(10) The department shall not consider any withholding
allowance that is elective to the employee to be a mandatory
deduction for purposes of calculating the member's disposable benefits subject to a mandatory benefits assignment
order. The department shall withhold elective withholdings
as elected by the employee after deducting from the benefit
the amount owing to an obligee pursuant to a mandatory benefits assignment order. [1991 c 365 § 9; 1987 c 326 § 11.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.610
41.50.610 Mandatory assignment of retirement benefits—Order—Answer—Form. The answer of the department shall be made on forms, served on the director with the
mandatory benefits assignment order, substantially as follows:
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR THE
COUNTY OF . . . . . . . . . . .
...................
Obligee
vs.
No.
................
ANSWER TO
...................
MANDATORY BENEFITS
Obligor
ASSIGNMENT ORDER
...................
Department of Retirement Systems of
the State of Washington
1. At the time of the service of the mandatory benefits
assignment order on the department, was the above-named
obligor receiving periodic retirement payments from the
department of retirement systems?
Yes . . . . . . No . . . . . . (check one).
2. At the time of the service of the mandatory benefits
assignment order on the department, had the above-named
obligor requested a withdrawal of accumulated contributions from the department?
Yes . . . . . . No . . . . . . (check one).
3. Are there any other court or administrative orders on
file with the department currently in effect directing the
department to withhold all or a portion of the obligor's benefits?
Yes . . . . . . No . . . . . . (check one).
4. If the answer to question one or two is yes and the
department cannot comply fully with the mandatory benefits assignment order, provide an explanation.
I declare under the laws of the state of Washington that
the foregoing is true and correct to the best of my knowledge.
................
Signature of director
or
................
Signature of person
[Title 41 RCW—page 298]
...................
Date and place
...................
...................
Place
answering for director
................
Connection with director
[1987 c 326 § 12.]
41.50.620
41.50.620 Mandatory assignment of retirement benefits—Order—Service. (1) Service of the mandatory benefits assignment order on the department is invalid unless it is
served with four answer forms in conformance with RCW
41.50.610, together with stamped envelopes addressed to,
respectively, the clerk of the court where the order was
issued, the obligee's attorney or the obligee, and the obligor at
the last mailing address known to the obligee. The obligee
shall also include an extra copy of the mandatory benefits
assignment order for the department to mail to the obligor.
Service on the department shall be in person or by any form
of mail requiring a return receipt.
(2) On or before the date of service of the mandatory
benefits assignment order on the department, the obligee
shall mail or cause to be mailed by certified or registered mail
a copy of the mandatory benefits assignment order to the
obligor at the obligor's last mailing address known to the obligee; or, in the alternative, a copy of the mandatory benefits
assignment order shall be served on the obligor in the same
manner as a summons in a civil action on, before, or within
two days after the date of service of the order on the department. This requirement is not jurisdictional, but if the copy is
not mailed or served as this subsection requires, or if any
irregularity appears with respect to the mailing or service, the
superior court, in its discretion, may quash the mandatory
benefits assignment order, upon motion of the obligor
promptly made and supported by an affidavit showing that
the obligor has been prejudiced due to the failure to mail or
serve the copy. [1991 c 365 § 10; 1987 c 326 § 13.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.630
41.50.630 Mandatory assignment of retirement benefits—Hearing to quash, modify, or terminate order. In a
hearing to quash, modify, or terminate the mandatory benefits assignment order, the court may grant relief only upon a
showing that the mandatory benefits assignment order causes
extreme hardship or substantial injustice. Satisfaction by the
obligor of all past due payments subsequent to the issuance of
the mandatory benefits assignment order is not grounds to
quash, modify, or terminate the mandatory benefits assignment order. If a mandatory benefits assignment order has
been in operation for twelve consecutive months and the obligor's spousal maintenance is current, the court may terminate
the order upon motion of the obligor unless the obligee can
show good cause as to why the mandatory benefits assignment order should remain in effect. [1991 c 365 § 11; 1987 c
326 § 14.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.640
41.50.640 Mandatory assignment of retirement benefits—Award of costs to prevailing party. In any action to
enforce a dissolution order by means of a mandatory benefits
assignment order pursuant to RCW 41.50.530 through
41.50.630 and 26.09.138, the court may award costs to the
(2004 Ed.)
Department of Retirement Systems
prevailing party, including an award for reasonable attorneys'
fees consistent with RCW 26.09.140. An obligor shall not be
considered a prevailing party under this section unless the
obligee has acted in bad faith in connection with the proceeding in question. This section does not authorize an award of
attorneys' fees against the department of retirement systems
or any of the retirement systems listed in RCW 41.50.030.
[1987 c 326 § 15.]
41.50.650
41.50.650 Payments pursuant to court orders
entered under prior law. (1) Notwithstanding RCW
2.10.180(1), 2.12.090(1), *41.26.180(1), 41.32.052(1),
41.40.052(1), and 43.43.310(1) as those sections existed
between July 1, 1987, and July 28, 1991, the department of
retirement systems shall make direct payments of benefits to
a spouse or ex spouse pursuant to court orders or decrees
entered before July 1, 1987, that complied with all the
requirements in RCW 2.10.180(1), 2.12.090(2),
*41.26.180(3), 41.32.052(3), 41.40.052(3), 43.43.310(2),
and 41.04.310 through 41.04.330, as such requirements
existed before July 1, 1987. The department shall be responsible for making direct payments only if the decree or court
order expressly orders the department to make direct payments to the spouse or ex spouse and specifies a sum certain
or percentage amount of the benefit payments to be made to
the spouse or ex spouse.
(2) The department of retirement systems shall notify a
spouse or ex spouse who, pursuant to a mandatory benefits
assignment order entered between July 1, 1987, and July 28,
1991, is receiving benefits in satisfaction of a court-ordered
property division, that he or she is entitled to receive direct
payments of a court-ordered property division pursuant to
RCW 41.50.670 if the dissolution order fully complies or is
modified to fully comply with the requirements of RCW
41.50.670 through 41.50.720 and, as applicable, RCW
2.10.180, 2.12.090, *41.26.180, 41.32.052, 41.40.052,
43.43.310, and 26.09.138. The department shall send notice
in writing as soon as reasonably feasible but no later than
ninety days after July 28, 1991. The department shall also
send notice to the obligor member spouse. [1991 c 365 § 12;
1987 c 326 § 16.]
*Reviser's note: RCW 41.26.180 was recodified as RCW 41.26.053
pursuant to 1994 c 298 § 5.
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.660
41.50.660 Mandatory assignment of retirement benefits—Rules. The director shall adopt such rules under RCW
41.50.050 as the director may find necessary to carry out the
purposes of RCW 41.50.500 through 41.50.650 and to avoid
conflicts with any applicable federal or state laws. [1987 c
326 § 27.]
41.50.670
41.50.670 Property division obligations—Direct payments pursuant to court order. (Effective until July 1,
2006.) (1) Nothing in this chapter regarding mandatory
assignment of benefits to enforce a spousal maintenance obligation shall abridge the right of an obligee to direct payments
of retirement benefits to satisfy a property division obligation
ordered pursuant to a court decree of dissolution or legal separation or any court order or court-approved property settle(2004 Ed.)
41.50.670
ment agreement incident to any court decree of dissolution or
legal separation as provided in RCW 2.10.180, 2.12.090,
*41.04.310, 41.04.320, 41.04.330, 41.26.053, 41.26.162,
41.32.052, 41.35.100, 41.34.070(4), 41.40.052, 43.43.310, or
26.09.138, as those statutes existed before July 1, 1987, and
as those statutes exist on and after July 28, 1991. The department shall pay benefits under this chapter in a lump sum or as
a portion of periodic retirement payments as expressly provided by the dissolution order. A dissolution order may not
order the department to pay a periodic retirement payment or
lump sum unless that payment is specifically authorized
under the provisions of chapter 2.10, 2.12, 41.26, 41.32,
41.35, 41.34, 41.40, or 43.43 RCW, as applicable.
(2) The department shall pay directly to an obligee the
amount of periodic retirement payments or lump sum payment, as appropriate, specified in the dissolution order if the
dissolution order filed with the department pursuant to subsection (1) of this section includes a provision that states in
the following form:
If . . . . . . (the obligor) receives periodic retirement payments as defined in RCW 41.50.500, the department of retirement systems shall pay to . . . . . . (the obligee) . . . . . . dollars
from such payments or . . . percent of such payments. If the
obligor's debt is expressed as a percentage of his or her periodic retirement payment and the obligee does not have a survivorship interest in the obligor's benefit, the amount
received by the obligee shall be the percentage of the periodic
retirement payment that the obligor would have received had
he or she selected a standard allowance.
If . . . . . . (the obligor) requests or has requested a withdrawal of accumulated contributions as defined in RCW
41.50.500, or becomes eligible for a lump sum death benefit,
the department of retirement systems shall pay to . . . . . . (the
obligee) . . . . . . dollars plus interest at the rate paid by the
department of retirement systems on member contributions.
Such interest to accrue from the date of this order's entry with
the court of record.
(3) This section does not require a member to select a
standard allowance upon retirement nor does it require the
department to recalculate the amount of a retiree's periodic
retirement payment based on a change in survivor option.
(4) A court order under this section may not order the
department to pay more than seventy-five percent of an obligor's periodic retirement payment to an obligee.
(5) Persons whose court decrees were entered between
July 1, 1987, and July 28, 1991, shall also be entitled to
receive direct payments of retirement benefits to satisfy
court-ordered property divisions if the dissolution orders
comply or are modified to comply with this section and RCW
41.50.680 through 41.50.720 and, as applicable, RCW
2.10.180, 2.12.090, 41.26.053, 41.32.052, 41.35.100,
41.34.070, 41.40.052, 43.43.310, and 26.09.138.
(6) The obligee must file a copy of the dissolution order
with the department within ninety days of that order's entry
with the court of record.
(7) A division of benefits pursuant to a dissolution order
under this section shall be based upon the obligor's gross benefit prior to any deductions. If the department is required to
withhold a portion of the member's benefit pursuant to 26
U.S.C. Sec. 3402 and the sum of that amount plus the amount
owed to the obligee exceeds the total benefit, the department
[Title 41 RCW—page 299]
41.50.670
Title 41 RCW: Public Employment, Civil Service, and Pensions
shall satisfy the withholding requirements under 26 U.S.C.
Sec. 3402 and then pay the remainder to the obligee. The provisions of this subsection do not apply to amounts withheld
pursuant to 26 U.S.C. Sec. 3402(i). [2002 c 158 § 5; 1998 c
341 § 513; 1996 c 39 § 18; 1991 c 365 § 13.]
*Reviser's note: RCW 41.04.310, 41.04.320, and 41.04.330 were
repealed by 1987 c 326 § 21, effective July 1, 1987.
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.670
41.50.670 Property division obligations—Direct payments pursuant to court order. (Effective July 1, 2006.)
(1) Nothing in this chapter regarding mandatory assignment
of benefits to enforce a spousal maintenance obligation shall
abridge the right of an obligee to direct payments of retirement benefits to satisfy a property division obligation ordered
pursuant to a court decree of dissolution or legal separation or
any court order or court-approved property settlement agreement incident to any court decree of dissolution or legal separation as provided in RCW 2.10.180, 2.12.090, 41.26.053,
41.26.162, 41.32.052, 41.35.100, 41.34.070(4), 41.40.052,
43.43.310, 41.37.090, or 26.09.138, as those statutes existed
before July 1, 1987, and as those statutes exist on and after
July 28, 1991. The department shall pay benefits under this
chapter in a lump sum or as a portion of periodic retirement
payments as expressly provided by the dissolution order. A
dissolution order may not order the department to pay a periodic retirement payment or lump sum unless that payment is
specifically authorized under the provisions of chapter 2.10,
2.12, 41.26, 41.32, 41.35, 41.34, 41.40, 41.37, or 43.43
RCW, as applicable.
(2) The department shall pay directly to an obligee the
amount of periodic retirement payments or lump sum payment, as appropriate, specified in the dissolution order if the
dissolution order filed with the department pursuant to subsection (1) of this section includes a provision that states in
the following form:
If . . . . . . (the obligor) receives periodic retirement payments as defined in RCW 41.50.500, the department of retirement systems shall pay to . . . . . . (the obligee) . . . . . . dollars
from such payments or . . . percent of such payments. If the
obligor's debt is expressed as a percentage of his or her periodic retirement payment and the obligee does not have a survivorship interest in the obligor's benefit, the amount
received by the obligee shall be the percentage of the periodic
retirement payment that the obligor would have received had
he or she selected a standard allowance.
If . . . . . . (the obligor) requests or has requested a withdrawal of accumulated contributions as defined in RCW
41.50.500, or becomes eligible for a lump sum death benefit,
the department of retirement systems shall pay to . . . . . . (the
obligee) . . . . . . dollars plus interest at the rate paid by the
department of retirement systems on member contributions.
Such interest to accrue from the date of this order's entry with
the court of record.
(3) This section does not require a member to select a
standard allowance upon retirement nor does it require the
department to recalculate the amount of a retiree's periodic
retirement payment based on a change in survivor option.
[Title 41 RCW—page 300]
(4) A court order under this section may not order the
department to pay more than seventy-five percent of an obligor's periodic retirement payment to an obligee.
(5) Persons whose court decrees were entered between
July 1, 1987, and July 28, 1991, shall also be entitled to
receive direct payments of retirement benefits to satisfy
court-ordered property divisions if the dissolution orders
comply or are modified to comply with this section and RCW
41.50.680 through 41.50.720 and, as applicable, RCW
2.10.180, 2.12.090, 41.26.053, 41.32.052, 41.35.100,
41.34.070, 41.40.052, 43.43.310, 41.37.090, and 26.09.138.
(6) The obligee must file a copy of the dissolution order
with the department within ninety days of that order's entry
with the court of record.
(7) A division of benefits pursuant to a dissolution order
under this section shall be based upon the obligor's gross benefit prior to any deductions. If the department is required to
withhold a portion of the member's benefit pursuant to 26
U.S.C. Sec. 3402 and the sum of that amount plus the amount
owed to the obligee exceeds the total benefit, the department
shall satisfy the withholding requirements under 26 U.S.C.
Sec. 3402 and then pay the remainder to the obligee. The
provisions of this subsection do not apply to amounts withheld pursuant to 26 U.S.C. Sec. 3402(i). [2004 c 242 § 51;
2002 c 158 § 5; 1998 c 341 § 513; 1996 c 39 § 18; 1991 c 365
§ 13.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.680
41.50.680 Property division obligations—Processing
fee. The department may deduct a processing fee for administering direct payments under RCW 41.50.670 according to
the dissolution order. The fee may not exceed (1) seventyfive dollars or the actual average administrative costs, whichever is less, for the first disbursement made by the department; and (2) six dollars or the actual average administrative
costs, whichever is less for subsequent disbursements. The
department shall deduct the fee in equal dollar amounts from
the obligee's and obligor's payments. The funds collected
pursuant to this section shall be deposited in the department
of retirement systems expense account. [1991 c 365 § 14.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.690
41.50.690 Property division obligations—Obligee
entitled to statement of obligor's retirement benefits—
When. Unless otherwise prohibited by federal law, following both the initial and final postretirement audit of an obligor's retirement benefit, the department shall provide an obligee entitled to direct payment of retirement benefits pursuant
to a dissolution order under RCW 41.50.670 with a statement
of monthly retirement benefit allowance to be paid to the
obligor, and other retirement benefit information available to
the obligor including the average final compensation, total
years of service, retirement date, the amount of the employee
contributions made prior to implementation of employer
pickup under RCW 41.04.445 and 41.04.450, and savings
and interest. [1991 c 365 § 15.]
Severability—1991 c 365: See note following RCW 41.50.500.
(2004 Ed.)
Department of Retirement Systems
41.50.700
41.50.700 Property division obligations—Cessation
upon death of obligee or obligor—Payment treated as
deduction from member's periodic retirement payment.
(1) Except under subsection (3) of this section and RCW
41.26.460(5), 41.32.530(5), 41.32.785(5), 41.32.851(4),
41.35.220(4), 41.40.188(5), 41.40.660(5), 41.40.845(4),
43.43.271(4), and 41.34.080, the department's obligation to
provide direct payment of a property division obligation to an
obligee under RCW 41.50.670 shall cease upon the death of
the obligee or upon the death of the obligor, whichever comes
first. However, if an obligor dies and is eligible for a lump
sum death benefit, the department shall be obligated to provide direct payment to the obligee of all or a portion of the
withdrawal of accumulated contributions pursuant to a court
order that complies with RCW 41.50.670.
(2) The direct payment of a property division obligation
to an obligee under RCW 41.50.670 shall be paid as a deduction from the member's periodic retirement payment. An
obligee may not direct the department to withhold any funds
from such payment.
(3) The department's obligation to provide direct payment to a nonmember ex spouse from a preretirement divorce
meeting the criteria of RCW 41.26.162(2) or 43.43.270(2)
may continue for the life of the member's surviving spouse
qualifying for benefits under RCW 41.26.160, 41.26.161, or
43.43.270(2). Upon the death of the member's surviving
spouse qualifying for benefits under RCW 41.26.160,
41.26.161, or 43.43.270(2), the department's obligation under
this subsection shall cease. The department's obligation to
provide direct payment to a nonmember ex spouse qualifying
for a continued split benefit paym ent under RCW
41.26.162(3) shall continue for the life of that nonmember ex
spouse. [2003 c 294 § 12; 2002 c 158 § 6; 1991 c 365 § 16.]
41.50.750
41.50.720
41.50.720 Payment of benefits—Restraining orders.
A party to a dissolution proceeding may file a motion with
the court requesting the court to enter an order restraining the
department from paying any benefits to a member until further order of the court. The department shall not initiate payment of benefits to a member from the time a restraining
order is served on the department until the court enters a further order disposing of the benefits. [1991 c 365 § 25.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.730
41.50.730 Retirement or termination agreement payments—Effect on pension benefits calculation. Any payment made by an employer to a member of any retirement
system enumerated in RCW 41.50.030 based on either an
agreement of the employee to terminate or retire; or notification to the employer of intent to retire; shall affect retirement
as follows:
(1) If the agreement does not require the employee to
perform additional service, the payment shall not be used in
any way to calculate the pension benefit.
(2) If the agreement requires additional service and
results in payment at the same or a lower rate than that paid
for the same or similar service by other employees it may be
included in the pension benefit calculation but shall be
deemed excess compensation and is billable to the employer
as provided in RCW 41.50.150.
(3) If the agreement requires additional service and
results in payment at a rate higher than that paid for the same
or similar service by other employees, that portion of the payment which equals the payment for the same or similar service shall be treated as described in subsection (2) of this section, and the balance of the payment shall be treated as
described in subsection (1) of this section. [1993 c 270 § 1.]
Severability—1991 c 365: See note following RCW 41.50.500.
41.50.740
41.50.710
41.50.710 Property division obligations—Remedies
exclusive—Payment pursuant to court order defense
against claims. (1) The remedies provided in RCW
41.50.670 through 41.50.720 are the exclusive remedies
enforceable against the department or the retirement systems
listed in RCW 41.50.030 for the direct payment of retirement
benefits to satisfy a property division obligation pursuant to a
dissolution order. The department shall not be required to
make payments to an obligee of benefits accruing prior to (a)
thirty calendar days following service of the dissolution order
on the department; or (b) benefit payments restrained under
RCW 41.50.720.
(2) Whenever the department of retirement systems
makes direct payments of property division to a spouse or ex
spouse under RCW 41.50.670 to the extent expressly provided for in any court decree of dissolution or legal separation or in any court order or court-approved property settlement agreement incident to any court decree of dissolution or
legal separation, it shall be a sufficient answer to any claim of
a beneficiary against the department for the department to
show that the payments were made pursuant to court decree.
[1991 c 365 § 17.]
Severability—1991 c 365: See note following RCW 41.50.500.
(2004 Ed.)
41.50.740 Retirement or termination agreement payments—Opportunity to change payment options. Members of the teachers' retirement system who retired prior to
January 1, 1993, from service with a community college district whose reported earnable compensation included payments made pursuant to an agreement to terminate or retire,
or to provide notice of intent to retire, and whose retirement
allowance has been reduced under RCW 41.50.150 or is
reduced after July 25, 1993, under RCW 41.50.730, shall
have an opportunity to change the retirement allowance payment option selected by the member under RCW 41.32.530.
Any request for a change shall be made in writing to the
department no later than October 31, 1993, and shall apply
prospectively only. [1993 c 270 § 2.]
41.50.750
41.50.750 Retirement or termination agreement payments—Overpayments not required to be repaid. (1)
Retirees whose reported earnable compensation included
payments made pursuant to an agreement to terminate or
retire, or to provide notice of intent to retire, shall not be
required to repay to the trust funds any overpayments resulting from the employer misreporting, subject to the conditions
provided in subsection (2) of this section. The retirees' allowances shall be prospectively adjusted to reflect the benefits to
which the retirees are correctly entitled.
[Title 41 RCW—page 301]
41.50.760
Title 41 RCW: Public Employment, Civil Service, and Pensions
(2) Subsection (1) of this section shall apply only to
members of the teachers' retirement system who retired prior
to January 1, 1993, from service with a community college
district.
(3) Any retirees under subsection (2) of this section who,
since January 1, 1990, have had their retirement allowances
reduced under RCW 41.50.130(1)(b) because of the inclusion
of retirement agreement payments in calculating their allowances, shall have their allowances adjusted to reflect the benefits to which the retirees are correctly entitled, but without a
reduction to recoup prior overpayments. The retirees shall be
reimbursed by the retirement system for the cumulative
amount of the reduction in the retirement allowance that has
occurred since January 1, 1990, to recoup prior overpayments.
(4) Any retirees covered by subsection (2) of this section
who, after January 1, 1990, repaid a previous overpayment in
a lump sum under RCW 41.50.130(1)(b) because of the
inclusion of retirement agreement payments in calculating
their allowances, shall be reimbursed by the retirement system for the amount of the lump sum repayment. [1993 c 270
§ 3.]
41.50.760
41.50.760 Cost-of-living adjustments—Alternative
calculation—Election. The department of retirement systems may continue to pay cost-of-living adjustments consistent with the provisions of the statutes repealed by section 11,
chapter 345, Laws of 1995, in lieu of the benefits provided by
RCW 41.32.489, 41.32.4872, 41.40.197, and 41.40.1986, if
the department determines that: (1) A member earned service
credit under chapter 41.40 or 41.32 RCW on or after May 8,
1989; and (2) a retiree would receive greater increases in the
next ten years under the statutes repealed by section 11, chapter 345, Laws of 1995 than under the provisions of RCW
41.32.489, 41.32.4872, 41.40.197, and 41.40.1986; and (3)
the retiree does not elect the benefits provided by chapter
345, Laws of 1995 over the benefits provided under the statutes repealed by section 11, chapter 345, Laws of 1995. The
election must be made in a manner prescribed by the department. [1995 c 345 § 13.]
Intent—Effective date—1995 c 345: See notes following RCW
41.32.489.
41.50.770 Deferred compensation plans. (1)
"Employee" as used in this section and RCW 41.50.780
includes all full-time, part-time, and career seasonal employees of the state, a county, a municipality, or other political
subdivision of the state, whether or not covered by civil service; elected and appointed officials of the executive branch
of the government, including full-time members of boards,
commissions, or committees; justices of the supreme court
and judges of the court of appeals and of the superior and district courts; and members of the state legislature or of the legislative authority of any county, city, or town.
(2) The state, through the department, and any county,
municipality, or other political subdivision of the state acting
through its principal supervising official or governing body is
authorized to contract with an employee to defer a portion of
that employee's income, which deferred portion shall in no
event exceed the amount allowable under 26 U.S.C. Sec. 457,
and deposit or invest such deferred portion in a credit union,
41.50.770
[Title 41 RCW—page 302]
savings and loan association, bank, or mutual savings bank or
purchase life insurance, shares of an investment company, or
fixed and/or variable annuity contracts from any insurance
company or any investment company licensed to contract
business in this state.
(3) Employees participating in the state deferred compensation plan administered by the department shall selfdirect the investment of the deferred portion of their income
through the selection of investment options as set forth in
subsection (4) of this section.
(4) The department can provide such plans as it deems
are in the interests of state employees. In addition to the types
of investments described in this section, the state investment
board, with respect to the state deferred compensation plan,
shall invest the deferred portion of an employee's income,
without limitation as to amount, in accordance with RCW
43.84.150, 43.33A.140, and 41.50.780, and pursuant to
investment policy established by the state investment board
for the state deferred compensation plans. The state investment board, after consultation with the employee retirement
benefits board regarding any recommendations made pursuant to RCW 41.50.088(2), shall provide a set of options for
participants to choose from for investment of the deferred
portion of their income. Any income deferred under such a
plan shall continue to be included as regular compensation,
for the purpose of computing the state or local retirement and
pension benefits earned by any employee.
(5) Coverage of an employee under a deferred compensation plan under this section shall not render such employee
ineligible for simultaneous membership and participation in
any pension system for public employees. [1998 c 116 § 11;
1995 c 239 § 314.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.780 Deferred compensation principal and
administrative accounts created—Participation in
deferred compensation plans—Department's duties. (1)
The deferred compensation principal account is hereby created in the state treasury.
(2) The amount of compensation deferred by employees
under agreements entered into under the authority contained
in RCW 41.50.770 shall be paid into the deferred compensation principal account and shall be sufficient to cover costs of
administration and staffing in addition to such other amounts
as determined by the department. The deferred compensation
principal account shall be used to carry out the purposes of
RCW 41.50.770. All eligible state employees shall be given
the opportunity to participate in agreements entered into by
the department under RCW 41.50.770. State agencies shall
cooperate with the department in providing employees with
the opportunity to participate.
(3) Any county, municipality, or other subdivision of the
state may elect to participate in any agreements entered into
by the department under RCW 41.50.770, including the making of payments therefrom to the employees participating in a
deferred compensation plan upon their separation from state
or other qualifying service. Accordingly, the deferred compensation principal account shall be considered to be a public
41.50.780
(2004 Ed.)
Department of Retirement Systems
pension or retirement fund within the meaning of Article
XXIX, section 1 of the state Constitution, for the purpose of
determining eligible investments and deposits of the moneys
therein.
(4) All moneys in the state deferred compensation principal account and the state deferred compensation administrative account, all property and rights purchased therewith,
and all income attributable thereto, shall be held in trust by
the state investment board, as set forth under RCW
43.33A.030, for the exclusive benefit of the state deferred
compensation plan's participants and their beneficiaries. Neither the participant, nor the participant's beneficiary or beneficiaries, nor any other designee, has any right to commute,
sell, assign, transfer, or otherwise convey the right to receive
any payments under the plan. These payments and right
thereto are nonassignable and nontransferable. Unpaid accumulated deferrals are not subject to attachment, garnishment,
or execution and are not transferable by operation of law in
event of bankruptcy or insolvency, except to the extent otherwise required by law.
(5) The state investment board has the full power to
invest moneys in the state deferred compensation principal
account and the state deferred compensation administrative
account in accordance with RCW 43.84.150, 43.33A.140,
and 41.50.770, and cumulative investment directions
received pursuant to RCW 41.50.770. All investment and
operating costs of the state investment board associated with
the investment of the deferred compensation plan assets shall
be paid pursuant to RCW 43.33A.160 and 43.84.160. With
the exception of these expenses, one hundred percent of all
earnings from these investments shall accrue directly to the
deferred compensation principal account.
(6)(a) No state board or commission, agency, or any
officer, employee, or member thereof is liable for any loss or
deficiency resulting from participant investments selected
pursuant to RCW 41.50.770(3).
(b) Neither the employee retirement benefits board nor
the state investment board, nor any officer, employee, or
member thereof is liable for any loss or deficiency resulting
from reasonable efforts to implement investment directions
pursuant to RCW 41.50.770(3).
(7) The deferred compensation administrative account is
hereby created in the state treasury. All expenses of the
department pertaining to the deferred compensation plan
including staffing and administrative expenses shall be paid
out of the deferred compensation administrative account.
Any excess balances credited to this account over administrative expenses disbursed from this account shall be transferred
to the deferred compensation principal account at such time
and in such amounts as may be determined by the department
with the approval of the office of financial management. Any
deficiency in the deferred compensation administrative
account caused by an excess of administrative expenses disbursed from this account shall be transferred to this account
from the deferred compensation principal account.
(8) In addition to the duties specified in this section and
RCW 41.50.770, the department shall administer the salary
reduction plan established in RCW 41.04.600 through
41.04.645.
(9)(a)(i) The department shall keep or cause to be kept
full and adequate accounts and records of the assets of each
(2004 Ed.)
41.50.790
individual participant, obligations, transactions, and affairs of
any deferred compensation plans created under RCW
41.50.770 and this section. The department shall account for
and report on the investment of state deferred compensation
plan assets or may enter into an agreement with the state
investment board for such accounting and reporting.
(ii) The department's duties related to individual participant accounts include conducting the activities of trade
instruction, settlement activities, and direction of cash movement and related wire transfers with the custodian bank and
outside investment firms.
(iii) The department has sole responsibility for contracting with any recordkeepers for individual participant
accounts and shall manage the performance of recordkeepers
under those contracts.
(b)(i) The department's duties under (a)(ii) of this subsection do not limit the authority of the state investment
board to conduct its responsibilities for asset management
and balancing of the deferred compensation funds.
(ii) The state investment board has sole responsibility for
contracting with outside investment firms to provide investment management for the deferred compensation funds and
shall manage the performance of investment managers under
those contracts.
(c) The state treasurer shall designate and define the
terms of engagement for the custodial banks.
(10) The department may adopt rules necessary to carry
out its responsibilities under RCW 41.50.770 and this section. [2001 c 181 § 2. Prior: 1998 c 245 § 42; 1998 c 116 §
12; 1995 c 239 § 315.]
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
41.50.790
41.50.790 Survivor benefits—Dissolution orders.
(Effective until July 1, 2006.) (1) The department shall designate an obligee as a survivor beneficiary of a member under
RCW 2.10.146, 41.26.460, 41.32.530, 41.32.785, 41.32.851,
41.35.220, 41.40.188, 41.40.660, or 41.40.845 if the department has been served by registered or certified mail with a
dissolution order as defined in RCW 41.50.500 at least thirty
days prior to the member's retirement. The department's duty
to comply with the dissolution order arises only if the order
contains a provision that states in substantially the following
form:
When . . . . . . (the obligor) applies for retirement the
department shall designate . . . . . . (the obligee) as
survivor beneficiary with a . . . . . . survivor benefit.
The survivor benefit designated in the dissolution order must
be consistent with the survivor benefit options authorized by
statute or administrative rule.
(2) The obligee's entitlement to a survivor benefit pursuant to a dissolution order filed with the department in compliance with subsection (1) of this section shall cease upon the
death of the obligee.
(3)(a) A subsequent dissolution order may order the
department to divide a survivor benefit between a survivor
beneficiary and an alternate payee. In order to divide a survi[Title 41 RCW—page 303]
41.50.790
Title 41 RCW: Public Employment, Civil Service, and Pensions
vor benefit between more than one payee, the dissolution
order must:
(i) Be ordered by a court of competent jurisdiction following notice to the survivor beneficiary;
(ii) Contain a provision that complies with subsection (1)
of this section designating the survivor beneficiary;
(iii) Contain a provision clearly identifying the alternate
payee or payees; and
(iv) Specify the proportional division of the benefit
between the survivor beneficiary and the alternate payee or
payees.
(b) The department will calculate actuarial adjustment
for the court-ordered survivor benefit based upon the life of
the survivor beneficiary.
(c) If the survivor beneficiary dies, the department shall
terminate the benefit. If the alternate payee predeceases the
survivor beneficiary, all entitlement of the alternate payee to
a benefit ceases and the entire benefit will revert to the survivor beneficiary.
(d) For purposes of this section, "survivor beneficiary"
means:
(i) The obligee designated in the provision of dissolution
filed in compliance with subsection (1) of this section; or
(ii) In the event of more than one dissolution order, the
obligee named in the first decree of dissolution received by
the department.
(e) For purposes of this section, "alternate payee" means
a person, other than the survivor beneficiary, who is granted
a percentage of a survivor benefit pursuant to a dissolution
order.
(4) The department shall under no circumstances be held
liable for not designating an obligee as a survivor beneficiary
under subsection (1) of this section if the dissolution order or
amendment thereto is not served on the department by registered or certified mail at least thirty days prior to the member's retirement.
(5) If a dissolution order directing designation of a survivor beneficiary has been previously filed with the department
in compliance with this section, no additional obligation shall
arise on the part of the department upon filing of a subsequent
dissolution order unless the subsequent dissolution order:
(a) Specifically amends or supersedes the dissolution
order already on file with the department; and
(b) Is filed with the department by registered or certified
mail at least thirty days prior to the member's retirement.
(6) The department shall designate a court-ordered survivor beneficiary pursuant to a dissolution order filed with the
department before June 6, 1996, only if the order:
(a) Specifically directs the member or department to
make such selection;
(b) Specifies the survivor option to be selected; and
(c) The member retires after June 6, 1996. [2002 c 26 §
8; 1998 c 341 § 514; 1996 c 175 § 1.]
Effective date—1998 c 341: See RCW 41.35.901.
41.50.790
41.50.790 Survivor benefits—Dissolution orders.
(Effective July 1, 2006.) (1) The department shall designate
an obligee as a survivor beneficiary of a member under RCW
2.10.146, 41.26.460, 41.32.530, 41.32.785, 41.32.851,
41.35.220, 41.40.188, 41.40.660, 41.37.170, or 41.40.845 if
[Title 41 RCW—page 304]
the department has been served by registered or certified mail
with a dissolution order as defined in RCW 41.50.500 at least
thirty days prior to the member's retirement. The department's duty to comply with the dissolution order arises only
if the order contains a provision that states in substantially the
following form:
When . . . . . . (the obligor) applies for retirement the
department shall designate . . . . . . (the obligee) as
survivor beneficiary with a . . . . . . survivor benefit.
The survivor benefit designated in the dissolution order must
be consistent with the survivor benefit options authorized by
statute or administrative rule.
(2) The obligee's entitlement to a survivor benefit pursuant to a dissolution order filed with the department in compliance with subsection (1) of this section shall cease upon the
death of the obligee.
(3)(a) A subsequent dissolution order may order the
department to divide a survivor benefit between a survivor
beneficiary and an alternate payee. In order to divide a survivor benefit between more than one payee, the dissolution
order must:
(i) Be ordered by a court of competent jurisdiction following notice to the survivor beneficiary;
(ii) Contain a provision that complies with subsection (1)
of this section designating the survivor beneficiary;
(iii) Contain a provision clearly identifying the alternate
payee or payees; and
(iv) Specify the proportional division of the benefit
between the survivor beneficiary and the alternate payee or
payees.
(b) The department will calculate actuarial adjustment
for the court-ordered survivor benefit based upon the life of
the survivor beneficiary.
(c) If the survivor beneficiary dies, the department shall
terminate the benefit. If the alternate payee predeceases the
survivor beneficiary, all entitlement of the alternate payee to
a benefit ceases and the entire benefit will revert to the survivor beneficiary.
(d) For purposes of this section, "survivor beneficiary"
means:
(i) The obligee designated in the provision of dissolution
filed in compliance with subsection (1) of this section; or
(ii) In the event of more than one dissolution order, the
obligee named in the first decree of dissolution received by
the department.
(e) For purposes of this section, "alternate payee" means
a person, other than the survivor beneficiary, who is granted
a percentage of a survivor benefit pursuant to a dissolution
order.
(4) The department shall under no circumstances be held
liable for not designating an obligee as a survivor beneficiary
under subsection (1) of this section if the dissolution order or
amendment thereto is not served on the department by registered or certified mail at least thirty days prior to the member's retirement.
(5) If a dissolution order directing designation of a survivor beneficiary has been previously filed with the department
in compliance with this section, no additional obligation shall
arise on the part of the department upon filing of a subsequent
dissolution order unless the subsequent dissolution order:
(2004 Ed.)
Portability of Public Retirement Benefits
(a) Specifically amends or supersedes the dissolution
order already on file with the department; and
(b) Is filed with the department by registered or certified
mail at least thirty days prior to the member's retirement.
(6) The department shall designate a court-ordered survivor beneficiary pursuant to a dissolution order filed with the
department before June 6, 1996, only if the order:
(a) Specifically directs the member or department to
make such selection;
(b) Specifies the survivor option to be selected; and
(c) The member retires after June 6, 1996. [2004 c 242 §
52; 2002 c 26 § 8; 1998 c 341 § 514; 1996 c 175 § 1.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
41.50.800
41.50.800 Apportionment of budgeted funds of
affected agencies. If apportionments of budgeted funds are
required because of the transfers herein authorized, the director of financial management shall certify such apportionments to the agencies affected, the state auditor, and the state
treasurer. Each of these shall make the appropriate transfer
and adjustment in funds and appropriation accounts and
equipment records in accordance with such certification.
[1979 c 151 § 64; 1975-'76 2nd ex.s. c 105 § 13.]
41.54.010
out the powers, duties, and functions transferred by this chapter shall, in the manner prescribed by the director of financial
management, be transferred and credited to the department
for the purpose of carrying out such transferred powers,
duties, and functions. [1979 c 151 § 65; 1975-'76 2nd ex.s. c
105 § 15.]
41.50.803
41.50.803 Savings. Nothing in this chapter nor in the
amendment of RCW 43.17.010, 43.17.020, or *43.33.070
shall be construed to affect any existing rights acquired under
RCW 43.17.010, 43.17.020, or *43.33.070 except as to the
governmental agencies referred to and their officials and
employees, nor as affecting any actions, activities, or proceedings validated thereunder, nor as affecting any civil or
criminal proceedings instituted thereunder, nor any rule, regulation, or order promulgated thereunder, nor any administrative action taken thereunder; and neither the abolition of any
agency or division thereof nor any transfer of powers, duties,
and functions as provided in this chapter shall affect the
validity of any act performed by such agency or division
thereof or any officer thereof prior to the effective date of
transfer as provided in RCW 41.50.030. [1975-'76 2nd ex.s.
c 105 § 16.]
*Reviser's note: RCW 43.33.070 was repealed by 1981 c 3 § 48, effective July 1, 1981.
41.50.801
41.50.801 Continuation of rules, pending business,
contracts, investments, etc. On the effective date of transfer
as provided in RCW 41.50.030, all rules and regulations, and
all pending business before any of the retirement boards
whose powers, duties, and functions are transferred to the
department by this chapter shall be continued and acted upon
by the department.
All existing contracts and obligations pertaining to the
functions herein transferred shall remain in full force and
effect, and shall be performed by the department. None of the
transfers directed by this chapter shall affect the validity of
any act performed by a retirement board or by any official or
employee thereof prior to the effective date of transfer as provided in RCW 41.50.030.
None of the transfers involving investment of funds by
any of the retirement boards shall affect the validity of any
act performed by such boards or by any official or employee
thereof prior to the effective date of transfer as provided in
RCW 41.50.030. [1975-'76 2nd ex.s. c 105 § 14.]
41.50.900
41.50.900 Severability—1975-'76 2nd ex.s. c 105.
See note following RCW 41.04.270.
41.50.901
41.50.901 Effective date—1987 c 326. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect July 1, 1987.
[1987 c 326 § 29.]
Chapter 41.54
Sections
41.54.010
41.54.020
41.54.030
41.54.032
41.54.034
41.54.040
41.50.802
41.50.802 Transfer of reports, documents, etc., property, funds, assets, appropriations, etc. All reports, documents, surveys, books, records, files, papers, or other writings relating to the administration of the powers, duties, and
functions transferred by this chapter shall be made available
to the department and to the state actuary.
All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed in carrying out the
powers, duties, and functions transferred by this chapter shall
be made available to the department.
All funds, credits, or other assets held in connection with
powers, duties, and functions transferred by this chapter shall
be assigned to the department.
Any appropriations made to any committee, division,
board, or any other state agency for the purpose of carrying
(2004 Ed.)
Chapter 41.54 RCW
PORTABILITY OF PUBLIC
RETIREMENT BENEFITS
41.54.070
41.54.080
41.54.090
41.54.100
41.54.900
41.54.901
Definitions.
Benefits under prior retirement systems—Restoration of contributions.
Calculation of service retirement allowance.
Calculation of disability retirement allowance.
Calculation of surviving spouse's death benefit.
Payment of retirement allowance and postretirement adjustments—Death benefit.
Benefits under chapter—Minimum and maximum.
Benefits under chapter—Contractual rights not established.
Benefits under chapter—Lump sum payment.
Transfer of membership under chapter 341, Laws of 1998—
Benefits not diminished.
Effective dates—1987 c 192.
Effective date—1988 c 195.
41.54.010
41.54.010 Definitions. (Effective until July 1, 2006.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Base salary" means salaries or wages earned by a
member of a system during a payroll period for personal services and includes wages and salaries deferred under provisions of the United States internal revenue code, but shall
exclude overtime payments, nonmoney maintenance com[Title 41 RCW—page 305]
41.54.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
pensation, and lump sum payments for deferred annual sick
leave, unused accumulated vacation, unused accumulated
annual leave, any form of severance pay, any bonus for voluntary retirement, any other form of leave, or any similar
lump sum payment.
(2) "Department" means the department of retirement
systems.
(3) "Director" means the director of the department of
retirement systems.
(4) "Dual member" means a person who (a) is or
becomes a member of a system on or after July 1, 1988, (b)
has been a member of one or more other systems, and (c) has
never been retired for service from a retirement system and is
not receiving a disability retirement or disability leave benefit
from any retirement system listed in RCW 41.50.030 or subsection (6) of this section.
(5) "Service" means the same as it may be defined in
each respective system. For the purposes of RCW 41.54.030,
military service granted under RCW 41.40.170(3) or
43.43.260 may only be based on service accrued under chapter 41.40 or 43.43 RCW, respectively.
(6) "System" means the retirement systems established
under chapters 41.32, 41.40, 41.44, 41.35, and 43.43 RCW;
plan 2 of the system established under chapter 41.26 RCW;
and the city employee retirement systems for Seattle,
Tacoma, and Spokane. The inclusion of an individual first
class city system is subject to the procedure set forth in
*RCW 41.54.061. [1998 c 341 § 702; 1993 c 517 § 8; 1990
c 192 § 1; 1988 c 195 § 1; 1987 c 192 § 1.]
*Reviser's note: RCW 41.54.061 was decodified by 2003 c 295 § 11.
Effective date—1998 c 341: See RCW 41.35.901.
Purpose—1993 c 517: See note following RCW 41.26.420.
41.54.010
41.54.010 Definitions. (Effective July 1, 2006.) The
definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Base salary" means salaries or wages earned by a
member of a system during a payroll period for personal services and includes wages and salaries deferred under provisions of the United States internal revenue code, but shall
exclude overtime payments, nonmoney maintenance compensation, and lump sum payments for deferred annual sick
leave, unused accumulated vacation, unused accumulated
annual leave, any form of severance pay, any bonus for voluntary retirement, any other form of leave, or any similar
lump sum payment.
(2) "Department" means the department of retirement
systems.
(3) "Director" means the director of the department of
retirement systems.
(4) "Dual member" means a person who (a) is or
becomes a member of a system on or after July 1, 1988, (b)
has been a member of one or more other systems, and (c) has
never been retired for service from a retirement system and is
not receiving a disability retirement or disability leave benefit
from any retirement system listed in RCW 41.50.030 or subsection (6) of this section.
(5) "Service" means the same as it may be defined in
each respective system. For the purposes of RCW 41.54.030,
military service granted under RCW 41.40.170(3) or
[Title 41 RCW—page 306]
43.43.260 may only be based on service accrued under chapter 41.40 or 43.43 RCW, respectively.
(6) "System" means the retirement systems established
under chapters 41.32, 41.40, 41.44, 41.35, 41.37, and 43.43
RCW; plan 2 of the system established under chapter 41.26
RCW; and the city employee retirement systems for Seattle,
Tacoma, and Spokane. [2004 c 242 § 58; 1998 c 341 § 702;
1993 c 517 § 8; 1990 c 192 § 1; 1988 c 195 § 1; 1987 c 192 §
1.]
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Purpose—1993 c 517: See note following RCW 41.26.420.
41.54.020
41.54.020 Benefits under prior retirement systems—
Restoration of contributions. (1) Those persons who are
dual members on or after July 1, 1988, shall not receive a
retirement benefit from any prior system while dual members
without the loss of all benefits under this chapter. Retroactive
retirement in any prior system will cancel membership in any
subsequent systems except as allowed under RCW 41.04.270
and will result in the refund of all employee and employer
contributions made to such systems.
(2) If a member has withdrawn contributions from a
prior system, the member may restore the contributions,
together with interest since the date of withdrawal as determined by the system, and recover the service represented by
the contributions. Such restoration must be completed within
two years of establishing dual membership or prior to retirement, whichever occurs first.
(3) If a member does not meet the time limitation under
subsection (2) of this section, the member, prior to retirement, may restore the service credit destroyed by the withdrawn contributions by paying the amount required under
RCW 41.50.165(2).
(4) Any service accrued in one system by the member
shall not accrue in any other system. [1994 c 197 § 32; 1987
c 384 § 2; 1987 c 192 § 2.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Effective dates—1987 c 384: See note following RCW 41.40.150.
41.54.030
41.54.030 Calculation of service retirement allowance. (1) A dual member may combine service in all systems
for the purpose of:
(a) Determining the member's eligibility to receive a service retirement allowance; and
(b) Qualifying for a benefit under RCW 41.32.840(2),
41.35.620, or 41.40.790.
(2) A dual member who is eligible to retire under any
system may elect to retire from all the member's systems and
to receive service retirement allowances calculated as provided in this section. Each system shall calculate the allowance using its own criteria except that the member shall be
allowed to substitute the member's base salary from any system as the compensation used in calculating the allowance.
(3) The service retirement allowances from a system
which, but for this section, would not be allowed to be paid at
this date based on the dual member's age may be received
immediately or deferred to a later date. The allowances shall
be actuarially adjusted from the earliest age upon which the
(2004 Ed.)
Portability of Public Retirement Benefits
combined service would have made such dual member eligible in that system.
(4) The service retirement eligibility requirements of
RCW 41.40.180 shall apply to any dual member whose prior
system is plan 1 of the public employees' retirement system
established under chapter 41.40 RCW. [2003 c 294 § 13;
1998 c 341 § 703. Prior: 1996 c 55 § 4; 1996 c 55 § 3; 1996
c 39 § 19; 1995 c 239 § 319; 1990 c 192 § 2; 1988 c 195 § 2;
1987 c 192 § 3.]
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
41.54.040
(2) Each system shall use its own criteria to:
(a) Determine the surviving spouse's eligibility for a
death benefit; and
(b) Calculate the death benefit based on service actually
established in that system.
(3) The surviving spouse shall receive the same benefit
from each system that would have been received if the member were active in the system at the time of death. The spouse
shall be allowed to substitute the member's base salary from
any system as the compensation used in calculating the
allowance.
(4) This section shall not apply to the Washington state
patrol retirement system established under chapter 43.43
RCW. [1996 c 55 § 2.]
Benefits not contractual right until date specified: RCW 41.34.100.
41.54.040
41.54.032
41.54.032 Calculation of disability retirement allowance. (1) If a dual member becomes disabled, the member's
service in all systems may be combined for the sole purpose
of determining the member's eligibility to receive a disability
retirement allowance from the member's current system.
(2) The member's current system shall use its own criteria to:
(a) Determine the member's eligibility for a disability
retirement allowance; and
(b) Calculate the disability retirement allowance based
on service actually established in the current system. The
member shall be allowed to substitute the member's base salary from any system as the compensation used in calculating
the allowance.
(3) Subsections (1) and (2) of this section shall not apply
to the member's prior system.
(4) A dual member who is eligible to receive a disability
retirement under the current system may elect to receive a
service retirement from all prior systems and to receive service retirement allowances calculated as provided in this section. Each system shall calculate the service retirement allowance using its own criteria except that the member shall be
allowed to substitute the member's base salary from any system as the compensation used in calculating the service
retirement allowance.
(5) The service retirement allowances from a system
which, but for this section, would not be allowed to be paid at
this date based on the dual member's age, may be received
immediately or deferred to a later date. The allowances shall
be actuarially adjusted from the earliest age upon which the
combined service would have made such dual member eligible in that system.
(6) This section shall not apply to any disability benefit
under:
(a) RCW 41.40.220; or
(b) The Washington state patrol retirement system established under chapter 43.43 RCW. [1996 c 55 § 1.]
41.54.034
41.54.034 Calculation of surviving spouse's death
benefit. (1) If a dual member dies in service in any system,
the member's service in all systems may be combined for the
sole purpose of determining the surviving spouse's eligibility
to receive a death benefit from each of the member's current
and prior systems.
(2004 Ed.)
41.54.040 Payment of retirement allowance and postretirement adjustments—Death benefit. (Effective until
July 1, 2006.) (1) The allowances calculated under RCW
41.54.030, 41.54.032, and 41.54.034 shall be paid separately
by each respective current and prior system. Any deductions
from such separate payments shall be according to the provisions of the respective systems.
(2) Postretirement adjustments, if any, shall be applied
by the respective systems based on the payments made under
subsection (1) of this section.
(3) The department shall adopt rules under chapter 34.05
RCW to ensure that where a dual member has service in a
system established under chapter 41.32, 41.40, 41.44, 41.35,
or 43.43 RCW; service in plan 2 of the system established
under chapter 41.26 RCW; and service under the city
employee retirement system for Seattle, Tacoma, or Spokane,
the additional cost incurred as a result of the dual member
receiving a benefit under this chapter shall be borne by the
retirement system incurring the additional cost. [1998 c 341
§ 704; 1996 c 55 § 5. Prior: 1993 c 519 § 16; 1993 c 517 § 9;
1990 c 192 § 5; 1988 c 195 § 3; 1987 c 192 § 4.]
Effective date—1998 c 341: See RCW 41.35.901.
Part headings not law—Effective date—1993 c 519: See notes following RCW 28A.400.212.
Purpose—1993 c 517: See note following RCW 41.26.420.
41.54.040
41.54.040 Payment of retirement allowance and postretirement adjustments—Death benefit. (Effective July
1, 2006.) (1) The allowances calculated under RCW
41.54.030, 41.54.032, and 41.54.034 shall be paid separately
by each respective current and prior system. Any deductions
from such separate payments shall be according to the provisions of the respective systems.
(2) Postretirement adjustments, if any, shall be applied
by the respective systems based on the payments made under
subsection (1) of this section.
(3) The department shall adopt rules under chapter 34.05
RCW to ensure that where a dual member has service in a
system established under chapter 41.32, 41.40, 41.44, 41.35,
41.37, or 43.43 RCW; service in plan 2 of the system established under chapter 41.26 RCW; and service under the city
employee retirement system for Seattle, Tacoma, or Spokane,
the additional cost incurred as a result of the dual member
receiving a benefit under this chapter shall be borne by the
retirement system incurring the additional cost. [2004 c 242
[Title 41 RCW—page 307]
41.54.070
Title 41 RCW: Public Employment, Civil Service, and Pensions
§ 59; 1998 c 341 § 704; 1996 c 55 § 5. Prior: 1993 c 519 §
16; 1993 c 517 § 9; 1990 c 192 § 5; 1988 c 195 § 3; 1987 c
192 § 4.]
Effective date—2004 c 242: See RCW 41.37.901.
ernment and its existing public institutions, and shall take
effect on July 1, 1987.
(2) The remainder of this act shall take effect on July 1,
1988. [1987 c 192 § 11.]
Effective date—1998 c 341: See RCW 41.35.901.
41.54.901
Part headings not law—Effective date—1993 c 519: See notes following RCW 28A.400.212.
41.54.901 Effective date—1988 c 195. This act shall
take effect July 1, 1988. [1988 c 195 § 7.]
Purpose—1993 c 517: See note following RCW 41.26.420.
Chapter 41.56 RCW
PUBLIC EMPLOYEES' COLLECTIVE BARGAINING
Chapter 41.56
41.54.070
41.54.070 Benefits under chapter—Minimum and
maximum. The benefit granted by this chapter shall not
result in a total benefit less than would have been received
absent such benefit. The total sum of the retirement allowances received under this chapter shall not exceed the largest
amount the dual member would receive if all the service had
been rendered in any one system. When calculating the maximum benefit a dual member would receive: (1) Military service granted under RCW 41.40.170(3) or 43.43.260 shall be
based only on service accrued under chapter 41.40 or 43.43
RCW, respectively; and (2) the calculation shall be made
assuming that the dual member did not defer any allowances
pursuant to RCW 41.54.030(3). When a dual member's combined retirement allowances would exceed the limitation
imposed by this section, the allowances shall be reduced by
the systems on a proportional basis, according to service.
[1996 c 55 § 6; 1988 c 195 § 4; 1987 c 192 § 7.]
41.54.080
41.54.080 Benefits under chapter—Contractual
rights not established. The benefits provided under RCW
41.54.010 through 41.54.070 are not provided to employees
as a matter of contractual right and the legislature retains the
right to alter or abolish these benefits at any time prior to a
member's retirement. [1987 c 192 § 8.]
41.54.090
41.54.090 Benefits under chapter—Lump sum payment. (1) The systems may pay a dual member a lump sum
payment in lieu of a monthly benefit if the initial monthly
benefit computed in accordance with RCW 41.54.030 would
be less than fifty dollars. The lump sum payment shall be the
greater of the actuarial equivalent of such monthly benefits or
an amount equal to the individual's accumulated contributions plus accrued interest.
(2) It is the intent of the legislature that any member who
receives a settlement under this section shall be deemed to be
retired from the system making the lump sum payment.
[1988 c 195 § 6.]
Sections
41.56.010
41.56.020
41.56.022
41.56.023
41.56.024
41.56.025
41.56.026
41.56.027
41.56.030
41.56.034
41.56.036
41.56.040
41.56.050
41.56.060
41.56.070
41.56.080
41.56.090
41.56.100
41.56.110
41.56.113
41.56.120
41.56.122
41.56.123
41.56.125
41.56.130
41.56.140
41.56.150
41.56.160
41.56.165
41.56.201
41.54.100
41.54.100 Transfer of membership under chapter
341, Laws of 1998—Benefits not diminished. Persons who
were members of the public employees' retirement system
plan 2 prior to September 1, 2000, and were transferred or
mandated into membership pursuant to chapter 341, Laws of
1998 shall suffer no diminution of benefits guaranteed to
public employees' retirement system plan 2 members as of
the date of their change in membership. [1998 c 341 § 705.]
Effective date—1998 c 341: See RCW 41.35.901.
41.56.203
41.56.210
41.56.220
41.56.430
41.56.440
41.56.450
41.56.452
41.56.465
41.54.900
41.54.900 Effective dates—1987 c 192. (1) Section 5
of this act is necessary for the immediate preservation of the
public peace, health, and safety, the support of the state gov[Title 41 RCW—page 308]
41.56.470
41.56.473
Declaration of purpose.
Application of chapter.
Application of chapter to University of Washington printing
craft employees.
Application of chapter to employees of institutions of higher
education.
Application of chapter to classified employees of technical
colleges.
Application of chapter to education providers under chapter
28A.193 RCW.
Application of chapter to individual providers under chapter
74.39A RCW.
Application of chapter to passenger-only ferry employees.
Definitions.
Application of chapter to new charter schools—Bargaining
units.
Conversion charter schools—Bargaining units—Request for
variance.
Right of employees to organize and designate representatives
without interference.
Disagreement in selection of bargaining representative—Intervention by commission.
Determination of bargaining unit—Bargaining representative.
Election to ascertain bargaining representative.
Certification of bargaining representative—Scope of representation.
Rules and regulations.
Authority and duty of employer to engage in collective bargaining—Limitations—Mediation, grievance procedures
upon failure to agree.
Dues—Deduction from pay.
Individual providers—Deductions from payments for dues—
State is payor, not employer.
Right to strike not granted.
Collective bargaining agreements—Authorized provisions.
Collective bargaining agreements—Effect of termination—
Application of section.
Arbitrators—Selection—Additional method.
Rules and regulations of Washington state personnel resources
board—Mandatory subjects.
Unfair labor practices for public employer enumerated.
Unfair labor practices for bargaining representative enumerated.
Commission to prevent unfair labor practices and issue remedial orders and cease and desist orders.
Applicability of administrative procedure act to commission
action.
Employees of institutions of higher education—Option to have
relationship and obligations governed by chapter.
University of Washington—Certain employees enrolled in an
academic program—Scope of collective bargaining.
Department to prevent unfair labor practices and issue remedial orders—Application to state civil service employees.
Right of employee representing bargaining unit to be absent
from employment during legislative session—Replacement.
Uniformed personnel—Legislative declaration.
Uniformed personnel—Negotiations—Declaration of an
impasse—Appointment of mediator.
Uniformed personnel—Interest arbitration panel—Powers and
duties—Hearings—Findings and determination.
Interest arbitration panel a state agency.
Uniformed personnel—Interest arbitration panel—Determinations—Factors to be considered.
Uniformed personnel—Arbitration panel—Rights of parties.
Uniformed personnel—Application of chapter to Washington
state patrol—Bargaining subjects.
(2004 Ed.)
Public Employees' Collective Bargaining
41.56.475
41.56.030
Uniformed personnel—Application of chapter to Washington
state patrol—Mediation and arbitration.
Uniformed personnel—Refusal to submit to procedures—
Invoking jurisdiction of superior court—Contempt.
Uniformed employees—Strikes prohibited—Violations—
Contempt of court.
Application of uniformed personnel collective bargaining provisions to employees of public passenger transportation systems—Conditions.
Short title—Effective date—1967 ex.s. c 108.
Uniformed personnel—Provisions additional—Liberal construction.
Severability—1973 c 131.
Retroactive date in collective bargaining agreements allowable, when.
41.56.025 Application of chapter to education providers under chapter 28A.193 RCW. This chapter applies
to the bargaining unit of classified employees of school districts, educational service districts, or institutions of higher
education that are education providers under chapter
28A.193 RCW. Such bargaining units must be limited to the
employees working as education providers to juveniles in
each adult correctional facility maintained by the department
of corrections and must be separate from other bargaining
units in school districts, educational service districts, or institutions of higher education. [1998 c 244 § 12.]
Reviser's note: Throughout chapter 41.56 RCW, the phrase "this act"
has been changed to "this chapter." "This act" [1967 ex.s. c 108] is codified
as this chapter and RCW 41.06.150.
Effective date—Severability—1998 c 244: See RCW 28A.193.900
and 28A.193.901.
41.56.480
41.56.490
41.56.492
41.56.900
41.56.905
41.56.910
41.56.950
41.56.025
41.56.026
41.56.010
41.56.010 Declaration of purpose. The intent and purpose of this chapter is to promote the continued improvement
of the relationship between public employers and their
employees by providing a uniform basis for implementing
the right of public employees to join labor organizations of
their own choosing and to be represented by such organizations in matters concerning their employment relations with
public employers. [1967 ex.s. c 108 § 1.]
41.56.026 Application of chapter to individual providers under chapter 74.39A RCW. In addition to the entities listed in RCW 41.56.020, this chapter applies to individual providers under RCW 74.39A.270 and 74.39A.300.
[2002 c 3 § 12 (Initiative Measure No. 775, approved
November 6, 2001).]
Findings—Captions not law—Severability—2002 c 3 (Initiative
Measure No. 775): See RCW 74.39A.220 and notes following.
41.56.027
41.56.020
41.56.020 Application of chapter. This chapter shall
apply to any county or municipal corporation, or any political
subdivision of the state of Washington, including district
courts and superior courts, except as otherwise provided by
RCW 54.04.170, 54.04.180, and chapters 41.59, 47.64, and
53.18 RCW. [1999 c 217 § 1; 1994 c 297 § 1; 1993 c 76 § 2;
1992 c 36 § 1; 1989 c 275 § 1; 1987 c 135 § 1; 1985 c 7 § 107;
1983 c 3 § 98; 1967 ex.s. c 108 § 2.]
Severability—1987 c 135: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 135 § 4.]
41.56.022
41.56.022 Application of chapter to University of
Washington printing craft employees. In addition to the
entities listed in RCW 41.56.020, this chapter shall apply to
the University of Washington with respect to the printing
craft employees in the department of printing at the University of Washington. [1987 c 484 § 1.]
41.56.023
41.56.023 Application of chapter to employees of
institutions of higher education. (Effective until July 1,
2005.) In addition to the entities listed in RCW 41.56.020,
this chapter shall apply to institutions of higher education
with respect to the employees included in a bargaining unit
that has exercised the option specified in RCW 41.56.201.
[1993 c 379 § 301.]
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
41.56.024
41.56.024 Application of chapter to classified
employees of technical colleges. In addition to the entities
listed in RCW 41.56.020, this chapter shall apply to classified
employees of technical colleges as provided for in RCW
28B.50.874. [1991 c 238 § 112.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
(2004 Ed.)
41.56.027 Application of chapter to passenger-only
ferry employees. In addition to the entities listed in RCW
41.56.020, this chapter does apply to:
(1) Public employees of public transportation benefit
areas providing passenger-only ferry service as provided in
RCW 47.64.090; and
(2) Public employees of ferry districts providing passenger-only ferry service as provided in RCW 47.64.090. [2003
c 91 § 2.]
Contingent effective date—2003 c 91: See note following RCW
47.64.090.
41.56.030
41.56.030 Definitions. As used in this chapter:
(1) "Public employer" means any officer, board, commission, council, or other person or body acting on behalf of
any public body governed by this chapter, or any subdivision
of such public body. For the purposes of this section, the
public employer of district court or superior court employees
for wage-related matters is the respective county legislative
authority, or person or body acting on behalf of the legislative
authority, and the public employer for nonwage-related matters is the judge or judge's designee of the respective district
court or superior court.
(2) "Public employee" means any employee of a public
employer except any person (a) elected by popular vote, or
(b) appointed to office pursuant to statute, ordinance or resolution for a specified term of office as a member of a multimember board, commission, or committee, whether
appointed by the executive head or body of the public
employer, or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship
to (i) the executive head or body of the applicable bargaining
unit, or (ii) any person elected by popular vote, or (iii) any
person appointed to office pursuant to statute, ordinance or
resolution for a specified term of office as a member of a multimember board, commission, or committee, whether
appointed by the executive head or body of the public
employer, or (d) who is a court commissioner or a court mag[Title 41 RCW—page 309]
41.56.034
Title 41 RCW: Public Employment, Civil Service, and Pensions
istrate of superior court, district court, or a department of a
district court organized under chapter 3.46 RCW, or (e) who
is a personal assistant to a district court judge, superior court
judge, or court commissioner, or (f) excluded from a bargaining unit under *RCW 41.56.201(2)(a). For the purpose of (e)
of this subsection, no more than one assistant for each judge
or commissioner may be excluded from a bargaining unit.
(3) "Bargaining representative" means any lawful organization which has as one of its primary purposes the representation of employees in their employment relations with
employers.
(4) "Collective bargaining" means the performance of
the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to
confer and negotiate in good faith, and to execute a written
agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages,
hours and working conditions, which may be peculiar to an
appropriate bargaining unit of such public employer, except
that by such obligation neither party shall be compelled to
agree to a proposal or be required to make a concession
unless otherwise provided in this chapter.
(5) "Commission" means the public employment relations commission.
(6) "Executive director" means the executive director of
the commission.
(7) "Uniformed personnel" means: (a) Law enforcement
officers as defined in RCW 41.26.030 employed by the governing body of any city or town with a population of two
thousand five hundred or more and law enforcement officers
employed by the governing body of any county with a population of ten thousand or more; (b) correctional employees
who are uniformed and nonuniformed, commissioned and
noncommissioned security personnel employed in a jail as
defined in RCW 70.48.020(5), by a county with a population
of seventy thousand or more, and who are trained for and
charged with the responsibility of controlling and maintaining custody of inmates in the jail and safeguarding inmates
from other inmates; (c) general authority Washington peace
officers as defined in RCW 10.93.020 employed by a port
district in a county with a population of one million or more;
(d) security forces established under RCW 43.52.520; (e) fire
fighters as that term is defined in RCW 41.26.030; (f)
employees of a port district in a county with a population of
one million or more whose duties include crash fire rescue or
other fire fighting duties; (g) employees of fire departments
of public employers who dispatch exclusively either fire or
emergency medical services, or both; or (h) employees in the
several classes of advanced life support technicians, as
defined in RCW 18.71.200, who are employed by a public
employer.
(8) "Institution of higher education" means the University of Washington, Washington State University, Central
Washington University, Eastern Washington University,
Western Washington University, The Evergreen State College, and the various state community colleges.
(9) "Home care quality authority" means the authority
under chapter 74.39A RCW.
(10) "Individual provider" means an individual provider
as defined in RCW 74.39A.240(4) who, solely for the purposes of collective bargaining, is a public employee as pro[Title 41 RCW—page 310]
vided in RCW 74.39A.270. [2004 c 3 § 6; 2002 c 99 § 2.
Prior: 2000 c 23 § 1; 2000 c 19 § 1; 1999 c 217 § 2; 1995 c
273 § 1; prior: 1993 c 398 § 1; 1993 c 397 § 1; 1993 c 379 §
302; 1992 c 36 § 2; 1991 c 363 § 119; 1989 c 275 § 2; 1987 c
135 § 2; 1984 c 150 § 1; 1975 1st ex.s. c 296 § 15; 1973 c 131
§ 2; 1967 ex.s. c 108 § 3.]
*Reviser's note: RCW 41.56.201 was repealed by 2002 c 354 § 403,
effective July 1, 2005.
Severability—Effective date—2004 c 3: See notes following RCW
74.39A.270.
Effective date—1995 c 273: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 273 § 5.]
Effective dates—1993 c 398: "(1) Sections 3 and 5 of this act shall take
effect July 1, 1995.
(2) Sections 1, 2, 4, and 6 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 15, 1993]." [1993 c 398 § 7.]
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1987 c 135: See note following RCW 41.56.020.
Effective date—1984 c 150: "This act shall take effect on July 1,
1985." [1984 c 150 § 2.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
Construction—Severability—1973 c 131: See RCW 41.56.905,
41.56.910.
Public employment relations commission: Chapter 41.58 RCW.
41.56.034
41.56.034 Application of chapter to new charter
schools—Bargaining units. (Effective unless Referendum
Measure No. 55 is approved at the November 2004 general
election.) In addition to the entities listed in RCW 41.56.020,
this chapter applies to new charter schools created under
chapter 28A.208 RCW. Notwithstanding RCW 41.56.060
and 41.56.070, the bargaining units of classified employees
of a new charter school must be limited to the employees of
the new charter school and must be separate from other bargaining units in the school district or educational service district for at least the first five years of operation of the new
charter school. After the five-year period, the employees in a
bargaining unit of a new charter school may indicate by a
majority vote that they desire to become members of a bargaining unit in the school district in which the new charter
school is located. [2004 c 22 § 17.]
Severability—2004 c 22: See RCW 28A.208.901.
41.56.036
41.56.036 Conversion charter schools—Bargaining
units—Request for variance. (Effective unless Referendum Measure No. 55 is approved at the November 2004
general election.) At the time of creation of a conversion
charter school under chapter 28A.208 RCW, the employees
of a conversion charter school remain in any existing appropriate bargaining unit of employees of the school district in
which the conversion charter school is located. If an applicant for a charter school or a charter school board requests
one or more variances from a collective bargaining agreement that applies to the relevant school district bargaining
unit to address needs that are specific to the charter school
(2004 Ed.)
Public Employees' Collective Bargaining
and the employees of the charter school, the following
applies:
(1) At the request of either party, the public employer, in
consultation with the applicant or charter school board, and
the bargaining representative of the bargaining unit shall
negotiate concerning the issues raised in the variance request.
(2) If the parties are unable to conclude an agreement
regarding the variance request within twenty days of negotiations, either party may declare an impasse and submit the dispute to the commission for mediation. The commission shall
appoint a mediator within two days of the submission. Mediation under this subsection shall continue for up to ten days
unless the parties agree otherwise. [2004 c 22 § 18.]
Severability—2004 c 22: See RCW 28A.208.901.
41.56.040
41.56.040 Right of employees to organize and designate representatives without interference. No public
employer, or other person, shall directly or indirectly, interfere with, restrain, coerce, or discriminate against any public
employee or group of public employees in the free exercise of
their right to organize and designate representatives of their
own choosing for the purpose of collective bargaining, or in
the free exercise of any other right under this chapter. [1967
ex.s. c 108 § 4.]
41.56.050
41.56.050 Disagreement in selection of bargaining
representative—Intervention by commission. In the event
that a public employer and public employees are in disagreement as to the selection of a bargaining representative the
commission shall be invited to intervene as is provided in
RCW 41.56.060 through 41.56.090. [1975 1st ex.s. c 296 §
16; 1967 ex.s. c 108 § 5.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.56.060
41.56.060 Determination of bargaining unit—Bargaining representative. The commission, after hearing
upon reasonable notice, shall decide in each application for
certification as an exclusive bargaining representative, the
unit appropriate for the purpose of collective bargaining. In
determining, modifying, or combining the bargaining unit,
the commission shall consider the duties, skills, and working
conditions of the public employees; the history of collective
bargaining by the public employees and their bargaining representatives; the extent of organization among the public
employees; and the desire of the public employees. The commission shall determine the bargaining representative by (1)
examination of organization membership rolls, (2) comparison of signatures on organization bargaining authorization
cards, or (3) by conducting an election specifically therefor.
[1975 1st ex.s. c 296 § 17; 1967 ex.s. c 108 § 6.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.56.070
41.56.070 Election to ascertain bargaining representative. In the event the commission elects to conduct an election to ascertain the exclusive bargaining representative, and
upon the request of a prospective bargaining representative
showing written proof of at least thirty percent representation
of the public employees within the unit, the commission shall
hold an election by secret ballot to determine the issue. The
ballot shall contain the name of such bargaining representa(2004 Ed.)
41.56.100
tive and of any other bargaining representative showing written proof of at least ten percent representation of the public
employees within the unit, together with a choice for any
public employee to designate that he does not desire to be
represented by any bargaining agent. Where more than one
organization is on the ballot and neither of the three or more
choices receives a majority vote of the public employees
within the bargaining unit, a run-off election shall be held.
The run-off ballot shall contain the two choices which
received the largest and second-largest number of votes. No
question concerning representation may be raised within one
year of a certification or attempted certification. Where there
is a valid collective bargaining agreement in effect, no question of representation may be raised except during the period
not more than ninety nor less than sixty days prior to the expiration date of the agreement. Any agreement which contains
a provision for automatic renewal or extension of the agreement shall not be a valid agreement; nor shall any agreement
be valid if it provides for a term of existence for more than
three years. [1975 1st ex.s. c 296 § 18; 1967 ex.s. c 108 § 7.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.56.080
41.56.080 Certification of bargaining representative—Scope of representation. The bargaining representative which has been determined to represent a majority of the
employees in a bargaining unit shall be certified by the commission as the exclusive bargaining representative of, and
shall be required to represent, all the public employees within
the unit without regard to membership in said bargaining representative: PROVIDED, That any public employee at any
time may present his grievance to the public employer and
have such grievance adjusted without the intervention of the
exclusive bargaining representative, if the adjustment is not
inconsistent with the terms of a collective bargaining agreement then in effect, and if the exclusive bargaining representative has been given reasonable opportunity to be present at
any initial meeting called for the resolution of such grievance. [1975 1st ex.s. c 296 § 19; 1967 ex.s. c 108 § 8.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.56.090
41.56.090 Rules and regulations. The commission
shall promulgate, revise or rescind such rules and regulations
as it may deem necessary or appropriate to administer the
provisions of this chapter in conformity with the intent and
purpose of this chapter and consistent with the best standards
of labor-management relations. [1975 1st ex.s. c 296 § 20;
1967 ex.s. c 108 § 9.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.56.100
41.56.100 Authority and duty of employer to engage
in collective bargaining—Limitations—Mediation, grievance procedures upon failure to agree. A public employer
shall have the authority to engage in collective bargaining
with the exclusive bargaining representative and no public
employer shall refuse to engage in collective bargaining with
the exclusive bargaining representative: PROVIDED, That
nothing contained herein shall require any public employer to
bargain collectively with any bargaining representative concerning any matter which by ordinance, resolution or charter
of said public employer has been delegated to any civil ser[Title 41 RCW—page 311]
41.56.110
Title 41 RCW: Public Employment, Civil Service, and Pensions
vice commission or personnel board similar in scope, structure and authority to the board created by chapter 41.06
RCW. Upon the failure of the public employer and the exclusive bargaining representative to conclude a collective bargaining agreement, any matter in dispute may be submitted
by either party to the commission. If a public employer
implements its last and best offer where there is no contract
settlement, allegations that either party is violating the terms
of the implemented offer shall be subject to grievance arbitration procedures if and as such procedures are set forth in the
implemented offer, or, if not in the implemented offer, if and
as such procedures are set forth in the parties' last contract.
[1989 c 45 § 1; 1975 1st ex.s. c 296 § 21; 1967 ex.s. c 108 §
10.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
viders under this section shall be an appropriate subject of
collective bargaining between the exclusive bargaining representative and the governor unless prohibited by another
statute. If no collective bargaining agreement containing a
provision allocating the ongoing additional cost is entered
into between the exclusive bargaining representative and the
governor, or if the legislature does not approve funding for
the collective bargaining agreement as provided in RCW
74.39A.300, the ongoing additional costs to the state in making deductions from the payments to individual providers
under this section shall be negotiated, agreed upon in
advance, and reimbursed to the state by the exclusive bargaining representative. [2004 c 3 § 7; 2002 c 99 § 1.]
Severability—Effective date—2004 c 3: See notes following RCW
74.39A.270.
Arbitration of labor disputes: Chapter 49.08 RCW.
41.56.120
41.56.110
41.56.110 Dues—Deduction from pay. Upon the written authorization of any public employee within the bargaining unit and after the certification or recognition of such bargaining representative, the public employer shall deduct from
the pay of such public employee the monthly amount of dues
as certified by the secretary of the exclusive bargaining representative and shall transmit the same to the treasurer of the
exclusive bargaining representative. [1973 c 59 § 1; 1967
ex.s. c 108 § 11.]
41.56.113
41.56.113 Individual providers—Deductions from
payments for dues—State is payor, not employer. (1)
Upon the written authorization of an individual provider
within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the state as payor, but not as the employer, shall, subject to subsection (3) of this section, deduct from the payments to an individual provider the monthly amount of dues
as certified by the secretary of the exclusive bargaining representative and shall transmit the same to the treasurer of the
exclusive bargaining representative.
(2) If the governor and the exclusive bargaining representative of a bargaining unit of individual providers enter
into a collective bargaining agreement that:
(a) Includes a union security provision authorized in
RCW 41.56.122, the state as payor, but not as the employer,
shall, subject to subsection (3) of this section, enforce the
agreement by deducting from the payments to bargaining unit
members the dues required for membership in the exclusive
bargaining representative, or, for nonmembers thereof, a fee
equivalent to the dues; or
(b) Includes requirements for deductions of payments
other than the deduction under (a) of this subsection, the
state, as payor, but not as the employer, shall, subject to subsection (3) of this section, make such deductions upon written
authorization of the individual provider.
(3)(a) The initial additional costs to the state in making
deductions from the payments to individual providers under
this section shall be negotiated, agreed upon in advance, and
reimbursed to the state by the exclusive bargaining representative.
(b) The allocation of ongoing additional costs to the state
in making deductions from the payments to individual pro[Title 41 RCW—page 312]
41.56.120 Right to strike not granted. Nothing contained in this chapter shall permit or grant any public
employee the right to strike or refuse to perform his official
duties. [1967 ex.s. c 108 § 12.]
41.56.122
41.56.122 Collective bargaining agreements—
Authorized provisions. A collective bargaining agreement
may:
(1) Contain union security provisions: PROVIDED,
That nothing in this section shall authorize a closed shop provision: PROVIDED FURTHER, That agreements involving
union security provisions must safeguard the right of nonassociation of public employees based on bona fide religious
tenets or teachings of a church or religious body of which
such public employee is a member. Such public employee
shall pay an amount of money equivalent to regular union
dues and initiation fee to a nonreligious charity or to another
charitable organization mutually agreed upon by the public
employee affected and the bargaining representative to which
such public employee would otherwise pay the dues and initiation fee. The public employee shall furnish written proof
that such payment has been made. If the public employee and
the bargaining representative do not reach agreement on such
matter, the commission shall designate the charitable organization. When there is a conflict between any collective bargaining agreement reached by a public employer and a bargaining representative on a union security provision and any
charter, ordinance, rule, or regulation adopted by the public
employer or its agents, including but not limited to, a civil
service commission, the terms of the collective bargaining
agreement shall prevail.
(2) Provide for binding arbitration of a labor dispute arising from the application or the interpretation of the matters
contained in a collective bargaining agreement. [1975 1st
ex.s. c 296 § 22; 1973 c 59 § 2.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.56.123
41.56.123 Collective bargaining agreements—Effect
of termination—Application of section. (1) After the termination date of a collective bargaining agreement, all of the
terms and conditions specified in the collective bargaining
agreement shall remain in effect until the effective date of a
subsequent agreement, not to exceed one year from the termi(2004 Ed.)
Public Employees' Collective Bargaining
nation date stated in the agreement. Thereafter, the employer
may unilaterally implement according to law.
(2) This section does not apply to provisions of a collective bargaining agreement which both parties agree to
exclude from the provisions of subsection (1) of this section
and to provisions within the collective bargaining agreement
with separate and specific termination dates.
(3) This section shall not apply to the following:
(a) Bargaining units covered by RCW 41.56.430 et seq.
for factfinding and interest arbitration;
(b) Collective bargaining agreements authorized by
chapter 53.18 RCW; or
(c) Collective bargaining agreements authorized by
chapter 54.04 RCW.
(4) This section shall not apply to collective bargaining
agreements in effect or being bargained on July 23, 1989.
[1993 c 398 § 4; 1989 c 46 § 1.]
Effective dates—1993 c 398: See note following RCW 41.56.030.
41.56.125
41.56.125 Arbitrators—Selection—Additional
method. In addition to any other method for selecting arbitrators, the parties may request the public employment relations commission to, and the commission shall, appoint a
qualified person who may be an employee of the commission
to act as an arbitrator to assist in the resolution of a labor dispute between such public employer and such bargaining representative arising from the application of the matters contained in a collective bargaining agreement. The arbitrator
shall conduct such arbitration of such dispute in a manner as
provided for in the collective bargaining agreement: PROVIDED, That the commission shall not collect any fees or
charges from such public employer or such bargaining representative for services performed by the commission under the
provisions of this chapter: PROVIDED FURTHER, That the
provisions of chapter 49.08 RCW shall have no application to
this chapter. [1975 1st ex.s. 296 § 23; 1973 c 59 § 3.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.56.130
41.56.130 Rules and regulations of Washington state
personnel resources board—Mandatory subjects. See
RCW 41.06.150.
41.56.201
(2) To induce the public employer to commit an unfair
labor practice;
(3) To discriminate against a public employee who has
filed an unfair labor practice charge;
(4) To refuse to engage in collective bargaining. [1969
ex.s. c 215 § 2.]
41.56.160
41.56.160 Commission to prevent unfair labor practices and issue remedial orders and cease and desist
orders. (1) The commission is empowered and directed to
prevent any unfair labor practice and to issue appropriate
remedial orders: PROVIDED, That a complaint shall not be
processed for any unfair labor practice occurring more than
six months before the filing of the complaint with the commission. This power shall not be affected or impaired by any
means of adjustment, mediation or conciliation in labor disputes that have been or may hereafter be established by law.
(2) If the commission determines that any person has
engaged in or is engaging in an unfair labor practice, the commission shall issue and cause to be served upon the person an
order requiring the person to cease and desist from such
unfair labor practice, and to take such affirmative action as
will effectuate the purposes and policy of this chapter, such
as the payment of damages and the reinstatement of employees.
(3) The commission may petition the superior court for
the county in which the main office of the employer is located
or in which the person who has engaged or is engaging in
such unfair labor practice resides or transacts business, for
the enforcement of its order and for appropriate temporary
relief. [1994 c 58 § 1; 1983 c 58 § 1; 1975 1st ex.s. c 296 §
24; 1969 ex.s. c 215 § 3.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.56.165
41.56.165 Applicability of administrative procedure
act to commission action. Actions taken by or on behalf of
the commission shall be pursuant to chapter 34.05 RCW, or
rules adopted in accordance with chapter 34.05 RCW, and
the right of judicial review provided by chapter 34.05 RCW
shall be applicable to all such actions and rules. [1994 c 58 §
2.]
41.56.201
41.56.140
41.56.140 Unfair labor practices for public employer
enumerated. It shall be an unfair labor practice for a public
employer:
(1) To interfere with, restrain, or coerce public employees in the exercise of their rights guaranteed by this chapter;
(2) To control, dominate or interfere with a bargaining
representative;
(3) To discriminate against a public employee who has
filed an unfair labor practice charge;
(4) To refuse to engage in collective bargaining. [1969
ex.s. c 215 § 1.]
41.56.150
41.56.150 Unfair labor practices for bargaining representative enumerated. It shall be an unfair labor practice
for a bargaining representative:
(1) To interfere with, restrain, or coerce public employees in the exercise of their rights guaranteed by this chapter;
(2004 Ed.)
41.56.201 Employees of institutions of higher education—Option to have relationship and obligations governed by chapter. (Effective until July 1, 2005.) (1) At any
time after July 1, 1993, and prior to July 1, 2003, an institution of higher education and the exclusive bargaining representative of a bargaining unit of employees classified under
chapter 41.06 RCW as appropriate may [chapter 41.06 RCW
may] exercise their option to have their relationship and corresponding obligations governed entirely by the provisions of
this chapter by complying with the following:
(a) The parties will file notice of the parties' intent to be
so governed, subject to the mutual adoption of a collective
bargaining agreement permitted by this section recognizing
the notice of intent. The parties shall provide the notice to the
Washington personnel resources board or its successor and
the commission;
(b) During the negotiation of an initial contract between
the parties under this chapter, the parties' scope of bargaining
[Title 41 RCW—page 313]
41.56.203
Title 41 RCW: Public Employment, Civil Service, and Pensions
shall be governed by this chapter and any disputes arising out
of the collective bargaining rights and obligations under this
subsection shall be determined by the commission. If the
commission finds that the parties are at impasse, the notice
filed under (a) of this subsection shall be void and have no
effect; and
(c) On the first day of the month following the month
during which the institution of higher education and the
exclusive bargaining representative provide notice to the
Washington personnel resources board or its successor and
the commission that they have executed an initial collective
bargaining agreement recognizing the notice of intent filed
under (a) of this subsection, chapter 41.06 RCW as appropriate shall cease to apply to all employees in the bargaining unit
covered by the agreement.
(2) All collective bargaining rights and obligations concerning relations between an institution of higher education
and the exclusive bargaining representative of its employees
who have agreed to exercise the option permitted by this section shall be determined under this chapter, subject to the following:
(a) The commission shall recognize, in its current form,
the bargaining unit as certified by the Washington personnel
resources board or its successor. For purposes of determining
bargaining unit status, positions meeting the criteria established under RCW 41.06.070 or its successor shall be
excluded from coverage under this chapter. An employer
may exclude such positions from a bargaining unit at any
time the position meets the criteria established under RCW
41.06.070 or its successor. The limitations on collective bargaining contained in RCW 41.56.100 shall not apply to that
bargaining unit.
(b) If, on the date of filing the notice under subsection
(1)(a) of this section, there is a union shop authorized for the
bargaining unit under rules adopted by the Washington personnel resources board or its successor, the union shop
requirement shall continue in effect for the bargaining unit
and shall be deemed incorporated into the collective bargaining agreement applicable to the bargaining unit.
(c) Salary increases negotiated for the employees in the
bargaining unit shall be subject to the following:
(i) Salary increases shall continue to be appropriated by
the legislature. The exclusive bargaining representative shall
meet before a legislative session with the governor or governor's designee and the representative of the institution of
higher education concerning the total dollar amount for salary increases and health care contributions that will be contained in the appropriations proposed by the governor under
RCW 43.88.060;
(ii) The collective bargaining agreements may provide
for salary increases from local efficiency savings that are different from or that exceed the amount or percentage for salary
increases provided by the legislature in the omnibus appropriations act for the institution of higher education or allocated to the board of trustees by the state board for community and technical colleges, but the base for salary increases
provided by the legislature under (c)(i) of this subsection
shall include only those amounts appropriated by the legislature, and the base shall not include any additional salary
increases provided under this subsection (2)(c)(ii);
[Title 41 RCW—page 314]
(iii) Any provisions of the collective bargaining agreements pertaining to salary increases provided under (c)(i) of
this subsection shall be subject to modification by the legislature. If any provision of a salary increase provided under
(c)(i) of this subsection is changed by subsequent modification of the appropriations act by the legislature, both parties
shall immediately enter into collective bargaining for the sole
purpose of arriving at a mutually agreed upon replacement
for the modified provision.
(3) Nothing in this section may be construed to permit an
institution of higher education to bargain collectively with an
exclusive bargaining representative concerning any matter
covered by: (a) Chapter 41.05 RCW, except for the related
cost or dollar contributions or additional or supplemental
benefits as permitted by chapter 492, Laws of 1993; or (b)
chapter 41.32 or 41.40 RCW.
(4) Any collective bargaining agreement entered into
under this section before July 1, 2004, that expires after July
1, 2004, shall, unless a superseding agreement complying
with RCW 41.80.001 and 41.80.010 through 41.80.130 is
negotiated by the parties, remain in full force and effect during its duration, but the agreement may not be renewed or
extended beyond July 1, 2005, or until superseded by a collective bargaining agreement entered into under RCW
41.80.001 and 41.80.010 through 41.80.130, whichever is
later. [2002 c 354 § 249; 2000 c 19 § 2; 1993 c 379 § 304.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
41.56.203
41.56.203 University of Washington—Certain
employees enrolled in an academic program—Scope of
collective bargaining. (1) In addition to the entities listed in
RCW 41.56.020, this chapter applies to the University of
Washington with respect to employees who are enrolled in an
academic program and are in a classification in (a) through (i)
of this subsection on any University of Washington campus.
The employees in (a) through (i) of this subsection constitute
an appropriate bargaining unit:
(a) Predoctoral instructor;
(b) Predoctoral lecturer;
(c) Predoctoral teaching assistant;
(d) Predoctoral teaching associates I and II;
(e) Tutors, readers, and graders in all academic units and
tutoring centers;
(f) Predoctoral staff assistant;
(g) Predoctoral staff associates I and II;
(h) Except as provided in this subsection (1)(h), predoctoral researcher, predoctoral research assistant, and predoctoral research associates I and II. The employees that constitute an appropriate bargaining unit under this subsection (1)
do not include predoctoral researchers, predoctoral research
assistants, and predoctoral research associates I and II who
are performing research primarily related to their dissertation
and who have incidental or no service expectations placed
upon them by the university; and
(i) All employees enrolled in an academic program
whose duties and responsibilities are substantially equivalent
to those employees in (a) through (h) of this subsection.
(2004 Ed.)
Public Employees' Collective Bargaining
(2)(a) The scope of bargaining for employees at the University of Washington under this section excludes:
(i) The ability to terminate the employment of any individual if the individual is not meeting academic requirements
as determined by the University of Washington;
(ii) The amount of tuition or fees at the University of
Washington. However, tuition and fee remission and waiver
is within the scope of bargaining;
(iii) The academic calendar of the University of Washington; and
(iv) The number of students to be admitted to a particular
class or class section at the University of Washington.
(b)(i) Except as provided in (b)(ii) of this subsection,
provisions of collective bargaining agreements relating to
compensation must not exceed the amount or percentage
established by the legislature in the appropriations act. If any
compensation provision is affected by subsequent modification of the appropriations act by the legislature, both parties
must immediately enter into collective bargaining for the sole
purpose of arriving at a mutually agreed upon replacement
for the affected provision.
(ii) The University of Washington may provide additional compensation to student employees covered by this
section that exceeds that provided by the legislature. [2002 c
34 § 2.]
Intent—2002 c 34: "(1) This act is intended to promote cooperative
labor relations between the University of Washington and the employees
who provide instructional, research, and related academic services, and who
are enrolled as students at the university by extending collective bargaining
rights under chapter 41.56 RCW and using the orderly procedures administered by the public employment relations commission. To achieve this end,
the legislature intends that under chapter 41.56 RCW the university will
exclusively bargain in good faith over all matters within the scope of bargaining under RCW 41.56.203.
(2) The legislature recognizes the importance of the shared governance
practices developed at the University of Washington. The legislature does
not intend to restrict, limit, or prohibit the exercise of the functions of the faculty in any shared governance mechanisms or practices, including the faculty
senate, faculty councils, and faculty codes of the University of Washington;
nor does the legislature intend to restrict, limit, or prohibit the exercise of the
functions of the graduate and professional student senate, the associated students of the University of Washington, or any other student organization in
matters outside the scope of bargaining covered by chapter 41.56 RCW.
(3) The legislature intends that nothing in this act will restrict, limit, or
prohibit the University of Washington from consideration of the merits,
necessity, or organization of any program, activity, or service established by
the University of Washington, including, but not limited to, any decision to
establish, modify, or discontinue any such program, activity, or service. The
legislature further intends that nothing in this act will restrict, limit, or prohibit the University of Washington from having sole discretion over admission requirements for students, criterion for the award of certificates and
degrees to students, academic criterion for selection of employees covered
by this chapter, initial appointment of students, and the content, conduct, and
supervision of courses, curricula, grading requirements, and research programs.
(4) The legislature does not intend to limit the matters excluded from
collective bargaining to those items specified in this act." [2002 c 34 § 1.]
Effective date—2002 c 34: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 14, 2002]." [2002 c 34 § 3.]
41.56.210
41.56.210 Department to prevent unfair labor practices and issue remedial orders—Application to state civil
service employees. See RCW 41.06.340.
(2004 Ed.)
41.56.450
41.56.220
41.56.220 Right of employee representing bargaining
unit to be absent from employment during legislative session—Replacement. Any public employee who represents
fifty percent or more of a bargaining unit or who represents
on a statewide basis a group of five or more bargaining units
shall have the right to absent himself from his employment
without pay and without suffering any discrimination in his
future employment and without losing benefits incident to his
employment while representing his bargaining unit at the legislature of the state of Washington during any regular or special session thereof: PROVIDED, That such employee is
replaced by his bargaining unit with an employee who shall
be paid by the employer and who shall be qualified to perform the duties and obligations of the absent member in
accordance with the rules of the civil service or other standards established by his employer for such absent employee.
[1980 c 87 § 17; 1969 ex.s. c 174 § 1.]
41.56.430
41.56.430 Uniformed personnel—Legislative declaration. The intent and purpose of chapter 131, Laws of 1973
is to recognize that there exists a public policy in the state of
Washington against strikes by uniformed personnel as a
means of settling their labor disputes; that the uninterrupted
and dedicated service of these classes of employees is vital to
the welfare and public safety of the state of Washington; that
to promote such dedicated and uninterrupted public service
there should exist an effective and adequate alternative
means of settling disputes. [1973 c 131 § 1.]
Construction—Severability—1973 c 131: See RCW 41.56.905,
41.56.910.
41.56.440
41.56.440 Uniformed personnel—Negotiations—
Declaration of an impasse—Appointment of mediator.
Negotiations between a public employer and the bargaining
representative in a unit of uniformed personnel shall be commenced at least five months prior to the submission of the
budget to the legislative body of the public employer. If no
agreement has been reached sixty days after the commencement of such negotiations then, at any time thereafter, either
party may declare that an impasse exists and may submit the
dispute to the commission for mediation, with or without the
concurrence of the other party. The commission shall appoint
a mediator, who shall forthwith meet with the representatives
of the parties, either jointly or separately, and shall take such
other steps as he or she may deem appropriate in order to persuade the parties to resolve their differences and effect an
agreement: PROVIDED, That a mediator does not have a
power of compulsion. [1979 ex.s. c 184 § 1; 1975-'76 2nd
ex.s. c 14 § 1; 1975 1st ex.s. c 296 § 28; 1973 c 131 § 3.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
Construction—Severability—1973 c 131: See RCW 41.56.905,
41.56.910.
41.56.450
41.56.450 Uniformed personnel—Interest arbitration panel—Powers and duties—Hearings—Findings and
determination. If an agreement has not been reached following a reasonable period of negotiations and mediation,
and the executive director, upon the recommendation of the
assigned mediator, finds that the parties remain at impasse,
then an interest arbitration panel shall be created to resolve
the dispute. The issues for determination by the arbitration
[Title 41 RCW—page 315]
41.56.452
Title 41 RCW: Public Employment, Civil Service, and Pensions
panel shall be limited to the issues certified by the executive
director. Within seven days following the issuance of the
determination of the executive director, each party shall name
one person to serve as its arbitrator on the arbitration panel.
The two members so appointed shall meet within seven days
following the appointment of the later appointed member to
attempt to choose a third member to act as the neutral chairman of the arbitration panel. Upon the failure of the arbitrators to select a neutral chairman within seven days, the two
appointed members shall use one of the two following
options in the appointment of the third member, who shall act
as chairman of the panel: (1) By mutual consent, the two
appointed members may jointly request the commission, and
the commission shall appoint a third member within two days
of such request. Costs of each party's appointee shall be borne
by each party respectively; other costs of the arbitration proceedings shall be borne by the commission; or (2) either party
may apply to the commission, the federal mediation and conciliation service, or the American Arbitration Association to
provide a list of five qualified arbitrators from which the neutral chairman shall be chosen. Each party shall pay the fees
and expenses of its arbitrator, and the fees and expenses of
the neutral chairman shall be shared equally between the parties.
The arbitration panel so constituted shall promptly establish a date, time, and place for a hearing and shall provide reasonable notice thereof to the parties to the dispute. A hearing,
which shall be informal, shall be held, and each party shall
have the opportunity to present evidence and make argument.
No member of the arbitration panel may present the case for
a party to the proceedings. The rules of evidence prevailing in
judicial proceedings may be considered, but are not binding,
and any oral testimony or documentary evidence or other
data deemed relevant by the chairman of the arbitration panel
may be received in evidence. A recording of the proceedings
shall be taken. The arbitration panel has the power to administer oaths, require the attendance of witnesses, and require
the production of such books, papers, contracts, agreements,
and documents as may be deemed by the panel to be material
to a just determination of the issues in dispute. If any person
refuses to obey a subpoena issued by the arbitration panel, or
refuses to be sworn or to make an affirmation to testify, or
any witness, party, or attorney for a party is guilty of any contempt while in attendance at any hearing held hereunder, the
arbitration panel may invoke the jurisdiction of the superior
court in the county where the labor dispute exists, and the
court has jurisdiction to issue an appropriate order. Any failure to obey the order may be punished by the court as a contempt thereof. The hearing conducted by the arbitration panel
shall be concluded within twenty-five days following the
selection or designation of the neutral chairman of the arbitration panel, unless the parties agree to a longer period.
The neutral chairman shall consult with the other members of the arbitration panel, and, within thirty days following
the conclusion of the hearing, the neutral chairman shall
make written findings of fact and a written determination of
the issues in dispute, based on the evidence presented. A copy
thereof shall be served on the commission, on each of the
other members of the arbitration panel, and on each of the
parties to the dispute. That determination shall be final and
binding upon both parties, subject to review by the superior
[Title 41 RCW—page 316]
court upon the application of either party solely upon the
question of whether the decision of the panel was arbitrary or
capricious. [1983 c 287 § 2; 1979 ex.s. c 184 § 2; 1975-'76
2nd ex.s. c 14 § 2; 1975 1st ex.s. c 296 § 29; 1973 c 131 § 4.]
Severability—1983 c 287: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 287 § 6.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
Construction—Severability—1973 c 131: See RCW 41.56.905,
41.56.910.
41.56.452
41.56.452 Interest arbitration panel a state agency.
An interest arbitration panel created pursuant to RCW
41.56.450, in the performance of its duties under chapter
41.56 RCW, exercises a state function and is, for the purposes of this chapter, a state agency. Chapter 34.05 RCW
does not apply to proceedings before an interest arbitration
panel under this chapter. [1983 c 287 § 3; 1980 c 87 § 19.]
Severability—1983 c 287: See note following RCW 41.56.450.
41.56.465
41.56.465 Uniformed personnel—Interest arbitration panel—Determinations—Factors to be considered.
(1) In making its determination, the panel shall be mindful of
the legislative purpose enumerated in RCW 41.56.430 and, as
additional standards or guidelines to aid it in reaching a decision, it shall take into consideration the following factors:
(a) The constitutional and statutory authority of the
employer;
(b) Stipulations of the parties;
(c)(i) For employees listed in RCW 41.56.030(7)(a)
through (d), comparison of the wages, hours, and conditions
of employment of personnel involved in the proceedings with
the wages, hours, and conditions of employment of like personnel of like employers of similar size on the west coast of
the United States;
(ii) For employees listed in RCW 41.56.030(7)(e)
through (h), comparison of the wages, hours, and conditions
of employment of personnel involved in the proceedings with
the wages, hours, and conditions of employment of like personnel of public fire departments of similar size on the west
coast of the United States. However, when an adequate number of comparable employers exists within the state of Washington, other west coast employers may not be considered;
(d) The average consumer prices for goods and services,
commonly known as the cost of living;
(e) Changes in any of the circumstances under (a)
through (d) of this subsection during the pendency of the proceedings; and
(f) Such other factors, not confined to the factors under
(a) through (e) of this subsection, that are normally or traditionally taken into consideration in the determination of
wages, hours, and conditions of employment. For those
employees listed in RCW 41.56.030(7)(a) who are employed
by the governing body of a city or town with a population of
less than fifteen thousand, or a county with a population of
less than seventy thousand, consideration must also be given
to regional differences in the cost of living.
(2) Subsection (1)(c) of this section may not be construed to authorize the panel to require the employer to pay,
directly or indirectly, the increased employee contributions
(2004 Ed.)
Public Employees' Collective Bargaining
resulting from chapter 502, Laws of 1993 or chapter 517,
Laws of 1993 as required under chapter 41.26 RCW. [1995 c
273 § 2; 1993 c 398 § 3.]
Effective date—1995 c 273: See note following RCW 41.56.030.
Effective dates—1993 c 398: See note following RCW 41.56.030.
41.56.492
(e) Such other factors, not confined to the foregoing,
which are normally or traditionally taken into consideration
in the determination of matters that are subject to bargaining
under RCW 41.56.473. [1999 c 217 § 4; 1993 c 351 § 1;
1988 c 110 § 2; 1987 c 135 § 3.]
Severability—1987 c 135: See note following RCW 41.56.020.
41.56.470
41.56.470 Uniformed personnel—Arbitration
panel—Rights of parties. During the pendency of the proceedings before the arbitration panel, existing wages, hours
and other conditions of employment shall not be changed by
action of either party without the consent of the other but a
party may so consent without prejudice to his rights or position under chapter 131, Laws of 1973. [1973 c 131 § 6.]
Construction—Severability—1973 c 131: See RCW 41.56.905,
41.56.910.
41.56.473
41.56.473 Uniformed personnel—Application of
chapter to Washington state patrol—Bargaining subjects. (1) In addition to the entities listed in RCW 41.56.020,
this chapter applies to the Washington state patrol with
respect to the officers of the Washington state patrol
appointed under RCW 43.43.020. Subjects of bargaining
include wage-related matters, except that the Washington
state patrol is prohibited from negotiating rates of pay or
wage levels and any matters relating to retirement benefits or
health care benefits or other employee insurance benefits.
(2) Provisions pertaining to wage-related matters in a
collective bargaining agreement between the Washington
state patrol and the Washington state patrol officers that are
entered into before the legislature approves the funds necessary to implement the provisions must be conditioned upon
the legislature's subsequent approval of the funds. [1999 c
217 § 3.]
41.56.475
41.56.475 Uniformed personnel—Application of
chapter to Washington state patrol—Mediation and arbitration. In addition to the classes of employees listed in
RCW 41.56.030(7), the provisions of RCW 41.56.430
through 41.56.452 and 41.56.470, 41.56.480, and 41.56.490
also apply to Washington state patrol officers appointed
under RCW 43.43.020 as provided in this section, subject to
the following:
(1) The mediator or arbitration panel may consider only
matters that are subject to bargaining under RCW 41.56.473.
(2) In making its determination, the arbitration panel
shall be mindful of the legislative purpose enumerated in
RCW 41.56.430 and, as additional standards or guidelines to
aid it in reaching a decision, shall take into consideration the
following factors:
(a) The constitutional and statutory authority of the
employer;
(b) Stipulations of the parties;
(c) Comparison of the hours and conditions of employment of personnel involved in the proceedings with the hours
and conditions of employment of like personnel of like
employers of similar size on the west coast of the United
States;
(d) Changes in any of the foregoing circumstances during the pendency of the proceedings; and
(2004 Ed.)
41.56.480
41.56.480 Uniformed personnel—Refusal to submit
to procedures—Invoking jurisdiction of superior court—
Contempt. If the representative of either or both the uniformed personnel and the public employer refuse to submit to
the procedures set forth in RCW 41.56.440 and 41.56.450,
the parties, or the commission on its own motion, may invoke
the jurisdiction of the superior court for the county in which
the labor dispute exists and such court shall have jurisdiction
to issue an appropriate order. A failure to obey such order
may be punished by the court as a contempt thereof. A decision of the arbitration panel shall be final and binding on the
parties, and may be enforced at the instance of either party,
the arbitration panel or the commission in the superior court
for the county where the dispute arose. [1975 1st ex.s. c 296
§ 30; 1973 c 131 § 7.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
Construction—Severability—1973 c 131: See RCW 41.56.905,
41.56.910.
41.56.490
41.56.490 Uniformed employees—Strikes prohibited—Violations—Contempt of court. The right of uniformed employees to engage in any strike, work slowdown,
or stoppage is not granted. An organization recognized as the
bargaining representative of uniformed employees subject to
this chapter that willfully disobeys a lawful order of enforcement by a superior court pursuant to RCW 41.56.480 and
41.56.490, or willfully offers resistance to such order,
whether by strike or otherwise, is in contempt of court as provided in chapter 7.21 RCW. An employer that willfully disobeys a lawful order of enforcement by a superior court pursuant to RCW 41.56.480 or willfully offers resistance to such
order is in contempt of court as provided in chapter 7.21
RCW. [1989 c 373 § 24; 1973 c 131 § 8.]
Severability—1989 c 373: See RCW 7.21.900.
Construction—Severability—1973 c 131: See RCW 41.56.905,
41.56.910.
41.56.492
41.56.492 Application of uniformed personnel collective bargaining provisions to employees of public passenger transportation systems—Conditions. In addition to the
classes of employees listed in RCW 41.56.030(7), the provisions of RCW 41.56.430 through 41.56.452, 41.56.470,
41.56.480, and 41.56.490 shall also be applicable to the
employees of a public passenger transportation system of a
metropolitan municipal corporation, county transportation
authority, public transportation benefit area, or city public
passenger transportation system, subject to the following:
(1) Negotiations between the public employer and the
bargaining representative may commence at any time agreed
to by the parties. If no agreement has been reached ninety
days after commencement of negotiations, either party may
demand that the issues in disagreement be submitted to a
mediator. The services of the mediator shall be provided by
[Title 41 RCW—page 317]
41.56.900
Title 41 RCW: Public Employment, Civil Service, and Pensions
the commission without cost to the parties, but nothing in this
section or RCW 41.56.440 shall be construed to prohibit the
public employer and the bargaining representative from
agreeing to substitute at their own expense some other mediator or mediation procedure; and
(2) If an agreement has not been reached following a reasonable period of negotiations and mediation, and the mediator finds that the parties remain at impasse, either party may
demand that the issues in disagreement be submitted to an
arbitration panel for a binding and final determination. In
making its determination, the arbitration panel shall be mindful of the legislative purpose enumerated in RCW 41.56.430
and as additional standards or guidelines to aid it in reaching
a decisions [decision], shall take into consideration the following factors:
(a) The constitutional and statutory authority of the
employer;
(b) Stipulations of the parties;
(c) Compensation package comparisons, economic indices, fiscal constraints, and similar factors determined by the
arbitration panel to be pertinent to the case; and
(d) Such other factors, not confined to the foregoing,
which are normally or traditionally taken into consideration
in the determination of wages, hours, and conditions of
employment. [1993 c 473 § 1.]
41.56.900
41.56.900 Short title—Effective date—1967 ex.s. c
108. RCW 41.56.010 through 41.56.900 and 41.06.150 shall
be known as the "Public Employees' Collective Bargaining
Act" and shall take effect on July 1, 1967. [1967 ex.s. c 108
§ 14.]
41.56.905
41.56.905 Uniformed personnel—Provisions additional—Liberal construction. The provisions of this chapter are intended to be additional to other remedies and shall
be liberally construed to accomplish their purpose. Except as
provided in RCW 53.18.015, if any provision of this chapter
conflicts with any other statute, ordinance, rule or regulation
of any public employer, the provisions of this chapter shall
control. [1983 c 287 § 5; 1973 c 131 § 10.]
Severability—1983 c 287: See note following RCW 41.56.450.
41.56.910
41.56.910 Severability—1973 c 131. If any provisions
of this 1973 amendatory act, or its application to any person
or circumstance is held invalid, the remainder of the act, or
the application of the provision to other persons or circumstances is not affected. [1973 c 131 § 11.]
41.56.950
41.56.950 Retroactive date in collective bargaining
agreements allowable, when. Whenever a collective bargaining agreement between a public employer and a bargaining representative is concluded after the termination date of
the previous collective bargaining agreement between the
same parties, the effective date of such collective bargaining
agreement may be the day after the termination date of the
previous collective bargaining agreement and all benefits
included in the new collective bargaining agreement including wage increases may accrue beginning with such effective
date as established by this section. [1971 ex.s. c 187 § 1.]
[Title 41 RCW—page 318]
Chapter 41.58 RCW
PUBLIC EMPLOYMENT LABOR RELATIONS
Chapter 41.58
Sections
41.58.005
41.58.010
41.58.015
41.58.020
41.58.030
41.58.040
41.58.050
41.58.060
41.58.800
41.58.801
41.58.802
41.58.803
41.58.900
41.58.901
Intent—Construction.
Public employment relations commission—Created—Membership—Terms—Vacancies—Quorum—Report.
Compensation and travel expenses of members—Executive
director—Employees.
Powers and duties of commission.
Office.
Duties of employers and employees.
Rules and regulations.
State ferry system—Chapter 47.64 RCW to govern.
Transfer of employees to commission.
Transfer of reports, documents, records, property, etc., funds,
appropriations, etc.
Procedure for transfer of budgeted fund or equipment.
Continuation and savings.
Effective dates—1975-'76 2nd ex.s. c 5.
Effective date—1975 1st ex.s. c 296 §§ 4, 6, and 8 through 39.
41.58.005
41.58.005 Intent—Construction. (1) It is the intent of
the legislature by the adoption of chapter 296, Laws of 1975
1st ex. sess. to provide, in the area of public employment, for
the more uniform and impartial (a) adjustment and settlement
of complaints, grievances, and disputes arising out of
employer-employee relations and, (b) selection and certification of bargaining representatives by transferring jurisdiction
of such matters to the public employment relations commission from other boards and commissions. It is further the
intent of the legislature, by such transfer, to achieve more
efficient and expert administration of public labor relations
administration and to thereby ensure the public of quality
public services.
(2) Nothing contained in chapter 296, Laws of 1975 1st
ex. sess. shall be construed to alter any existing collective
bargaining unit or the provisions of any existing bargaining
agreement.
(3) Nothing contained in chapter 296, Laws of 1975 1st
ex. sess. shall be construed to alter any power or authority
regarding the scope of collective bargaining in the employment areas affected by chapter 296, Laws of 1975 1st ex.
sess., but chapter 296, Laws of 1975 1st ex. sess. shall be construed as transferring existing jurisdiction and authority to the
public employment relations commission.
(4) Nothing contained in chapter 296, Laws of 1975 1st
ex. sess. shall be construed to prohibit the consideration or
adjustment of complaints or grievances by the public
employer. [1975 1st ex.s. c 296 § 1.]
41.58.010
41.58.010 Public employment relations commission—Created—Membership—Terms—Vacancies—
Quorum—Report. (1) There is hereby created the public
employment relations commission (hereafter called the
"commission") to administer the provisions of this chapter.
The commission shall consist of three members who shall be
citizens appointed by the governor by and with the advice and
consent of the senate. One of the original members shall be
appointed for a term of three years, one for a term of four
years, and one for a term of five years. Their successors shall
be appointed for terms of five years each, except that any person chosen to fill a vacancy shall be appointed only for the
unexpired term of the member whom he succeeds. Commission members shall be eligible for reappointment. The gover(2004 Ed.)
Public Employment Labor Relations
nor shall designate one member to serve as chairman of the
commission. Any member of the commission may be
removed by the governor, upon notice and hearing, for
neglect of duty or malfeasance in office, but for no other
cause. Commission members shall not be eligible for state
retirement under chapter 41.40 RCW by virtue of their service on the commission.
(2) In making citizen member appointments initially, and
subsequently thereafter, the governor shall be cognizant of
the desirability of appointing persons knowledgeable in the
area of labor relations in the state.
(3) A vacancy in the commission shall not impair the
right of the remaining members to exercise all of the powers
of the commission, and two members of the commission
shall, at all times, constitute a quorum of the commission.
(4) The commission shall at the close of each fiscal year
make a report in writing to the legislature and to the governor
stating the cases it has heard, the decisions it has rendered,
the names, salaries, and duties of all employees and officers
in the employ or under the supervision of the commission,
and an account of all moneys it has disbursed. [1981 c 338 §
21; 1975-'76 2nd ex.s. c 5 § 1.]
41.58.015 Compensation and travel expenses of
members—Executive director—Employees. (1) Each
member of the commission shall be compensated in accordance with RCW 43.03.250. Members of the commission
shall also be reimbursed for travel expenses incurred in the
discharge of their official duties on the same basis as is provided in RCW 43.03.050 and 43.03.060.
(2) The commission shall appoint an executive director
whose annual salary shall be determined under the provisions
of RCW 43.03.028. The executive director shall perform
such duties and have such powers as the commission shall
prescribe in order to implement and enforce the provisions of
this chapter. In addition to the performance of administrative
duties, the commission may delegate to the executive director
authority with respect to, but not limited to, representation
proceedings, unfair labor practice proceedings, mediation of
labor disputes, arbitration of disputes concerning the interpretation or application of a collective bargaining agreement,
and, in certain cases, fact-finding or arbitration of disputes
concerning the terms of a collective bargaining agreement.
Such delegation shall not eliminate a party's right of appeal to
the commission. The executive director, with such assistance
as may be provided by the attorney general and such additional legal assistance consistent with chapter 43.10 RCW,
shall have authority on behalf of the commission, when necessary to carry out or enforce any action or decision of the
commission, to petition any court of competent jurisdiction
for an order requiring compliance with the action or decision.
(3) The commission shall employ such employees as it
may from time to time find necessary for the proper performance of its duties, consistent with the provisions of this
chapter.
(4) The payment of all of the expenses of the commission, including travel expenses incurred by the members or
employees of the commission under its orders, shall be subject to the provisions of RCW 43.03.050 and 43.03.060.
[1984 c 287 § 71; 1979 ex.s. c 146 § 2; 1975-'76 2nd ex.s. c
34 § 91; 1975-'76 2nd ex.s. c 5 § 2.]
41.58.015
(2004 Ed.)
41.58.040
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
41.58.020
41.58.020 Powers and duties of commission. (1) It
shall be the duty of the commission, in order to prevent or
minimize interruptions growing out of labor disputes, to
assist employers and employees to settle such disputes
through mediation and fact-finding.
(2) The commission, through the director, may proffer its
services in any labor dispute arising under a collective bargaining statute administered by the commission, either upon
its own motion or upon the request of one or more of the parties to the dispute, whenever in its judgment such dispute
threatens to cause a substantial disruption to the public welfare.
(3) If the director is not able to bring the parties to agreement by mediation within a reasonable time, the director shall
seek to induce the parties to voluntarily seek other means of
settling the dispute without resort to strike or other coercion,
including submission to the employees in the bargaining unit
of the employer's last offer of settlement for approval or
rejection in a secret ballot. The failure or refusal of either
party to agree to any procedure suggested by the director
shall not be deemed a violation of any duty or obligation
imposed by this chapter.
(4) Final adjustment by a method agreed upon by the
parties is declared to be the desirable method for settlement
of grievance disputes arising over the application or interpretation of an existing collective bargaining agreement. The
commission is directed to make its mediation and fact-finding services available in the settlement of such grievance disputes only as a last resort. [1993 c 379 § 303; 1975 1st ex.s.
c 296 § 4.]
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.58.030
41.58.030 Office. The principal office of the commission shall be in the city of Olympia, but it may meet and exercise any or all of its powers at any other place in the state.
[1975 1st ex.s. c 296 § 5.]
41.58.040
41.58.040 Duties of employers and employees. In
order to prevent or minimize disruptions to the public welfare
growing out of labor disputes, employers and employees and
their representatives shall:
(1) Exert every reasonable effort to make and maintain
agreements concerning rates of pay, hours, and working conditions, including provision for adequate notice of any proposed change in the terms of such agreements;
(2) Whenever a dispute arises over the terms or application of a collective bargaining agreement and a conference is
requested by a party or prospective party thereto, arrange
promptly for such a conference to be held and endeavor in
such conference to settle such dispute expeditiously; and
(3) In case such dispute is not settled by conference, participate fully and promptly in such meetings as may be undertaken by the commission under this chapter for the purpose of
[Title 41 RCW—page 319]
41.58.050
Title 41 RCW: Public Employment, Civil Service, and Pensions
aiding in a settlement of the dispute. [1975 1st ex.s. c 296 §
6.]
*Reviser's note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
41.58.802
41.58.050
41.58.050 Rules and regulations. The board shall have
authority from time to time to make, amend, and rescind, in
the manner prescribed by the administrative procedure act,
chapter 34.05 RCW, such rules and regulations as may be
necessary to carry out the provisions of this chapter. [1975
1st ex.s. c 296 § 7.]
41.58.060
41.58.060 State ferry system—Chapter 47.64 RCW
to govern. For any matter concerning the state ferry system
and employee relations, collective bargaining, or labor disputes or stoppages, the provisions of chapter 47.64 RCW
shall govern. [1983 c 15 § 22.]
Severability—1983 c 15: See RCW 47.64.910.
41.58.800
41.58.800 Transfer of employees to commission. All
employees of the department of labor and industries classified under the provisions of chapter 41.06 RCW, the state
civil service law, whose positions are entirely concerned with
functions transferred to the commission by chapter 296, Laws
of 1975 1st ex. sess. shall be transferred to the jurisdiction of
the commission. [1975-'76 2nd ex.s. c 5 § 3.]
41.58.801
41.58.801 Transfer of reports, documents, records,
property, etc., funds, appropriations, etc. All reports, documents, surveys, books, records, files, papers, or other writings in the possession of the marine employee commission,
the office of the superintendent of public instruction, the
*state board for community college education, and the
department of labor and industries and pertaining to the functions transferred to the commission by chapter 296, Laws of
1975 1st ex. sess. shall by January 1, 1976, be delivered to the
custody of the commission. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property
employed in carrying out the functions transferred by chapter
296, Laws of 1975 1st ex. sess. shall by January 1, 1976, be
transferred to the commission.
Any appropriation or portion thereof remaining as of
January 1, 1976, and which is made to an agency for the purpose of carrying out functions transferred from such agency
pursuant to chapter 296, Laws of 1975 1st ex. sess., shall, by
January 1, 1976, be transferred and credited to the commission for the purpose of carrying out such functions. This paragraph shall not affect the transfer of moneys prior to January
1, 1976, pursuant to section 67, chapter 269, Laws of 1975
1st ex. sess.
Whenever any question arises as to the transfer of any
funds, including unexpended balances within any accounts,
books, documents, records, papers, files, equipment, or any
other tangible property used or held in the exercise of the performance of the functions transferred under chapter 296,
Laws of 1975 1st ex. sess., the director of financial management or his successor shall make a determination as to the
proper allocation and certify the same to the state agencies
concerned. [1979 c 151 § 66; 1975-'76 2nd ex.s. c 5 § 4.]
[Title 41 RCW—page 320]
41.58.802 Procedure for transfer of budgeted fund or
equipment. Where transfers of budgeted funds or equipment
are required under *this act, the director of financial management shall certify such transfers to the agencies affected, the
state auditor and the state treasurer all of whom shall make
the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with
such certification. [1979 c 151 § 67; 1975-'76 2nd ex.s. c 5 §
5.]
*Reviser's note: For codification of "this act" [1975-'76 2nd ex.s. c 5],
see Codification Tables, Volume 0.
41.58.803
41.58.803 Continuation and savings. On January 1,
1976, all rules and regulations, and all business pending
before the agencies or divisions thereof from whom functions
are transferred pursuant to chapter 296, Laws of 1975 1st ex.
sess. and which pertain to such functions shall be continued
and acted upon by the commission. All existing contracts and
obligations pertaining to such functions shall remain in full
force and effect, but shall be performed by the commission in
lieu of the agency from whom the functions are transferred.
The transfer of any functions shall not affect the validity of
any act performed by such agency or division thereof or any
officer or employee thereof prior to the effective date of the
transferral of such functions.
Notwithstanding any other provisions of *this act, contracts or agreements are authorized between the commission
and other agencies with respect to functions transferred from
other agencies pursuant to chapter 296, Laws of 1975 1st ex.
sess. Such contract or agreement may provide for an
employee or employees of such other agencies or other person or persons to continue to provide services relating to
pending business which is transferred to the commission as
of January 1, 1976, until such pending business is completed.
[1975-'76 2nd ex.s. c 5 § 6.]
*Reviser's note: For codification of "this act" [1975-'76 2nd ex.s. c 5],
see Codification Tables, Volume 0.
41.58.900
41.58.900 Effective dates—1975-'76 2nd ex.s. c 5.
This act is necessary for the immediate preservation of the
public peace, health, and safety, the support of the state government and its existing public institutions, and shall take
effect on September 8, 1975, except for the provisions of sections 6 and 7 which shall be effective on January 1, 1976.
[1975-'76 2nd ex.s. c 5 § 9.]
41.58.901
41.58.901 Effective date—1975 1st ex.s. c 296 §§ 4, 6,
and 8 through 39. Sections 4, 6, and 8 through 39 of chapter
296, Laws of 1975 1st ex. sess. shall not be effective until
January 1, 1976. [1975-'76 2nd ex.s. c 5 § 8.]
Chapter 41.59 RCW
EDUCATIONAL EMPLOYMENT RELATIONS ACT
Chapter 41.59
Sections
41.59.010
41.59.020
Purpose.
Definitions.
(2004 Ed.)
Educational Employment Relations Act
41.59.030
41.59.035
41.59.060
41.59.070
41.59.080
41.59.090
41.59.100
41.59.110
41.59.120
41.59.130
41.59.140
41.59.150
41.59.160
41.59.170
41.59.180
41.59.900
41.59.910
41.59.920
41.59.930
41.59.935
41.59.940
41.59.950
Application of chapter to new charter schools—Bargaining
units.
Conversion charter schools—Bargaining units—Request for
variance.
Employee rights enumerated—Fees and dues, deduction from
pay.
Election to ascertain exclusive bargaining representative,
when—Run-off election—Decertification election.
Determination of bargaining unit—Standards.
Certification of exclusive bargaining representative—Scope of
representation.
Union security provisions—Scope—Agency shop provision,
collection of dues or fees.
Commission, rules and regulations of—Federal precedents as
standard.
Resolving impasses in collective bargaining—Mediation—
Fact-finding with recommendations—Other.
Binding arbitration procedures authorized.
Unfair labor practices for employer, employee organization,
enumerated.
Commission to prevent unfair labor practices—Scope.
Applicability of administrative procedure act provisions to
commission action.
Effective date of certain agreements—Increased benefits during agreement authorized, when.
Employees in specialized job category—Exclusion.
Short title.
Construction of chapter—Effect on existing agreements—
Collective bargaining agreement prevails where conflict.
Construction of chapter—Employee's rights preserved.
Construction of chapter—Employer's responsibilities and
rights preserved.
Construction of chapter—Certain agreements subject to RCW
28A.150.410 and 28A.400.200.
Effective date—1975 1st ex.s. c 288.
Severability—1975 1st ex.s. c 288.
Reviser's note: Phrase "the commission" is used throughout chapter
41.59 RCW; 1975 1st ex.s. c 288 § 4, wherein the commission was created,
was vetoed by the governor; reference to the proviso in RCW 41.59.020(3)
below, together with amendments and repeals in 1975-'76 2nd ex.s. c 5 (codified in chapter 41.58 RCW) suggests commission to be that created in RCW
41.58.010.
41.59.010
41.59.010 Purpose. It is the purpose of this chapter to
prescribe certain rights and obligations of the educational
employees of the school districts of the state of Washington,
and to establish procedures governing the relationship
between such employees and their employers which are
designed to meet the special requirements and needs of public employment in education. [1975 1st ex.s. c 288 § 2.]
41.59.020
41.59.020 Definitions. As used in this chapter:
(1) The term "employee organization" means any organization, union, association, agency, committee, council, or
group of any kind in which employees participate, and which
exists for the purpose, in whole or in part, of collective bargaining with employers.
(2) The term "collective bargaining" or "bargaining"
means the performance of the mutual obligation of the representatives of the employer and the exclusive bargaining representative to meet at reasonable times in light of the time
limitations of the budget-making process, and to bargain in
good faith in an effort to reach agreement with respect to the
wages, hours, and terms and conditions of employment:
PROVIDED, That prior law, practice or interpretation shall
be neither restrictive, expansive, nor determinative with
respect to the scope of bargaining. A written contract incorporating any agreements reached shall be executed if
requested by either party. The obligation to bargain does not
compel either party to agree to a proposal or to make a concession.
(2004 Ed.)
41.59.020
In the event of a dispute between an employer and an
exclusive bargaining representative over the matters that are
terms and conditions of employment, the commission shall
decide which item(s) are mandatory subjects for bargaining
and which item(s) are nonmandatory.
(3) The term "commission" means the public employment relations commission established by RCW 41.58.010.
(4) The terms "employee" and "educational employee"
means any certificated employee of a school district, except:
(a) The chief executive officer of the employer.
(b) The chief administrative officers of the employer,
which shall mean the superintendent of the district, deputy
superintendents, administrative assistants to the superintendent, assistant superintendents, and business manager. Title
variation from all positions enumerated in this subsection (b)
may be appealed to the commission for determination of
inclusion in, or exclusion from, the term "educational
employee".
(c) Confidential employees, which shall mean:
(i) Any person who participates directly on behalf of an
employer in the formulation of labor relations policy, the
preparation for or conduct of collective bargaining, or the
administration of collective bargaining agreements, except
that the role of such person is not merely routine or clerical in
nature but calls for the consistent exercise of independent
judgment; and
(ii) Any person who assists and acts in a confidential
capacity to such person.
(d) Unless included within a bargaining unit pursuant to
RCW 41.59.080, any supervisor, which means any employee
having authority, in the interest of an employer, to hire,
assign, promote, transfer, layoff, recall, suspend, discipline,
or discharge other employees, or to adjust their grievances, or
to recommend effectively such action, if in connection with
the foregoing the exercise of such authority is not merely routine or clerical in nature but calls for the consistent exercise
of independent judgment, and shall not include any persons
solely by reason of their membership on a faculty tenure or
other governance committee or body. The term "supervisor"
shall include only those employees who perform a preponderance of the above-specified acts of authority.
(e) Unless included within a bargaining unit pursuant to
RCW 41.59.080, principals and assistant principals in school
districts.
(5) The term "employer" means any school district.
(6) The term "exclusive bargaining representative"
means any employee organization which has:
(a) Been selected or designated pursuant to the provisions of this chapter as the representative of the employees in
an appropriate collective bargaining unit; or
(b) Prior to January 1, 1976, been recognized under a
predecessor statute as the representative of the employees in
an appropriate collective bargaining or negotiations unit.
(7) The term "person" means one or more individuals,
organizations, unions, associations, partnerships, corporations, boards, committees, commissions, agencies, or other
entities, or their representatives.
(8) The term "nonsupervisory employee" means all educational employees other than principals, assistant principals
and supervisors. [1989 c 11 § 11; 1975 1st ex.s. c 288 § 3.]
Severability—1989 c 11: See note following RCW 9A.56.220.
[Title 41 RCW—page 321]
41.59.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.59.030
41.59.030 Application of chapter to new charter
schools—Bargaining units. (Effective unless Referendum
Measure No. 55 is approved at the November 2004 general
election.) In addition to school districts, this chapter applies
to new charter schools created under chapter 28A.208 RCW.
Notwithstanding RCW 41.59.070 and 41.59.080, the bargaining units of educational employees of a new charter
school must be limited to the educational employees of the
new charter school and must be separate from the bargaining
units in the school district or educational service district for at
least the first five years of operation of the new charter
school. After the five-year period, the employees in a bargaining unit of a new charter school may indicate by a majority vote that they desire to become members of a bargaining
unit in the school district in which the new charter school is
located. [2004 c 22 § 19.]
Severability—2004 c 22: See RCW 28A.208.901.
41.59.035
41.59.035 Conversion charter schools—Bargaining
units—Request for variance. (Effective unless Referendum Measure No. 55 is approved at the November 2004
general election.) At the time of creation of a conversion
charter school under chapter 28A.208 RCW, the employees
of a conversion charter school remain in any existing appropriate bargaining unit of employees of the school district in
which the conversion charter school is located. If an applicant for a charter school or a charter school board requests
one or more variances from a collective bargaining agreement that applies to the relevant school district bargaining
unit to address needs that are specific to the charter school
and the employees of the charter school, the following
applies:
(1) At the request of either party, the employer, in consultation with the applicant or charter school board, and the
exclusive bargaining representative of the bargaining unit
shall negotiate concerning the issues raised in the variance
request.
(2) If the parties are unable to conclude an agreement
regarding the variance request within twenty days of negotiations, either party may declare an impasse and submit the dispute to the commission for mediation. The commission shall
appoint a mediator within two days of the submission. Mediation under this subsection shall continue for up to ten days
unless the parties agree otherwise. [2004 c 22 § 20.]
Severability—2004 c 22: See RCW 28A.208.901.
41.59.060
41.59.060 Employee rights enumerated—Fees and
dues, deduction from pay. (1) Employees shall have the
right to self-organization, to form, join, or assist employee
organizations, to bargain collectively through representatives
of their own choosing, and shall also have the right to refrain
from any or all of such activities except to the extent that
employees may be required to pay a fee to any employee
organization under an agency shop agreement authorized in
this chapter.
(2) The exclusive bargaining representative shall have
the right to have deducted from the salary of employees, upon
receipt of an appropriate authorization form which shall not
be irrevocable for a period of more than one year, an amount
equal to the fees and dues required for membership. Such
[Title 41 RCW—page 322]
fees and dues shall be deducted monthly from the pay of all
appropriate employees by the employer and transmitted as
provided for by agreement between the employer and the
exclusive bargaining representative, unless an automatic payroll deduction service is established pursuant to law, at which
time such fees and dues shall be transmitted as therein provided. If an agency shop provision is agreed to and becomes
effective pursuant to RCW 41.59.100, except as provided in
that section, the agency fee equal to the fees and dues
required of membership in the exclusive bargaining representative shall be deducted from the salary of employees in the
bargaining unit. [1975 1st ex.s. c 288 § 7.]
41.59.070 Election to ascertain exclusive bargaining
representative, when—Run-off election—Decertification
election. (1) Any employee organization may file a request
with the commission for recognition as the exclusive representative. Such request shall allege that a majority of the
employees in an appropriate collective bargaining unit wish
to be represented for the purpose of collective bargaining by
such organization, shall describe the grouping of jobs or positions which constitute the unit claimed to be appropriate,
shall be supported by credible evidence demonstrating that at
least thirty percent of the employees in the appropriate unit
desire the organization requesting recognition as their exclusive representative, and shall indicate the name, address, and
telephone number of any other interested employee organization, if known to the requesting organization.
(2) The commission shall determine the exclusive representative by conducting an election by secret ballot, except
under the following circumstances:
(a) In instances where a serious unfair labor practice has
been committed which interfered with the election process
and precluded the holding of a fair election, the commission
shall determine the exclusive bargaining representative by an
examination of organization membership rolls or a comparison of signatures on organization bargaining authorization
cards.
(b) In instances where there is then in effect a lawful
written collective bargaining agreement between the
employer and another employee organization covering any
employees included in the unit described in the request for
recognition, the request for recognition shall not be entertained unless it shall be filed within the time limits prescribed
in subsection (3) of this section for decertification or a new
recognition election.
(c) In instances where within the previous twelve months
another employee organization has been lawfully recognized
or certified as the exclusive bargaining representative of any
employees included in the unit described in the request for
recognition, the request for recognition shall not be entertained.
(d) In instances where the commission has within the
previous twelve months conducted a secret ballot election
involving any employees included in the unit described in the
request for recognition in which a majority of the valid ballots cast chose not to be represented by any employee organization, the request for recognition shall not be entertained.
(3) Whenever the commission conducts an election to
ascertain the exclusive bargaining representative, the ballot
shall contain the name of the proposed bargaining representa41.59.070
(2004 Ed.)
Educational Employment Relations Act
tive and of any other bargaining representative showing written proof of at least ten percent representation of the educational employees within the unit, together with a choice for
any educational employee to designate that he or she does not
desire to be represented by any bargaining agent. Where
more than one organization is on the ballot and neither of the
three or more choices receives a majority of the valid ballots
cast by the educational employees within the bargaining unit,
a run-off election shall be held. The run-off ballot shall contain the two choices which receive the largest and second
largest number of votes. No question concerning representation may be raised within one year of a certification or
attempted certification. Where there is a valid collective bargaining agreement in effect, no question of representation
may be raised except during the period not more than ninety
nor less than sixty days prior to the expiration date of the
agreement. In the event that a valid collective bargaining
agreement, together with any renewals or extensions thereof,
has been or will be in existence for three years, then the question of representation may be raised not more than ninety nor
less than sixty days prior to the third anniversary date of the
agreement or any renewals or extensions thereof as long as
such renewals and extensions do not exceed three years; and
if the exclusive bargaining representative is removed as a
result of such procedure, the then existing collective bargaining agreement shall be terminable by the new exclusive bargaining representative so selected within sixty days after its
certification or terminated on its expiration date, whichever is
sooner, or if no exclusive bargaining representative is so
selected, then the agreement shall be deemed to be terminated
at its expiration date or as of such third anniversary date,
whichever is sooner.
(4) Within the time limits prescribed in subsection (3) of
this section, a petition may be filed signed by at least thirty
percent of the employees of a collective bargaining unit, then
represented by an exclusive bargaining representative, alleging that a majority of the employees in that unit do not wish
to be represented by an employee organization, requesting
that the exclusive bargaining representative be decertified,
and indicating the name, address and telephone number of the
exclusive bargaining representative and any other interested
employee organization, if known. Upon the verification of
the signatures on the petition, the commission shall conduct
an election by secret ballot as prescribed by subsection (3) of
this section. [1975 1st ex.s. c 288 § 8.]
41.59.080
41.59.080 Determination of bargaining unit—Standards. The commission, upon proper application for certification as an exclusive bargaining representative or upon petition for change of unit definition by the employer or any
employee organization within the time limits specified in
RCW 41.59.070(3), and after hearing upon reasonable notice,
shall determine the unit appropriate for the purpose of collective bargaining. In determining, modifying or combining the
bargaining unit, the commission shall consider the duties,
skills, and working conditions of the educational employees;
the history of collective bargaining; the extent of organization among the educational employees; and the desire of the
educational employees; except that:
(1) A unit including nonsupervisory educational employees shall not be considered appropriate unless it includes all
(2004 Ed.)
41.59.100
such nonsupervisory educational employees of the employer;
and
(2) A unit that includes only supervisors may be considered appropriate if a majority of the employees in such category indicate by vote that they desire to be included in such a
unit; and
(3) A unit that includes only principals and assistant
principals may be considered appropriate if a majority of
such employees indicate by vote that they desire to be
included in such a unit; and
(4) A unit that includes both principals and assistant
principals and other supervisory employees may be considered appropriate if a majority of the employees in each category indicate by vote that they desire to be included in such a
unit; and
(5) A unit that includes supervisors and/or principals and
assistant principals and nonsupervisory educational employees may be considered appropriate if a majority of the
employees in each category indicate by vote that they desire
to be included in such a unit; and
(6) A unit that includes only employees in vocationaltechnical institutes or occupational skill centers may be considered to constitute an appropriate bargaining unit if the history of bargaining in any such school district so justifies; and
(7) Notwithstanding the definition of collective bargaining, a unit that contains only supervisors and/or principals
and assistant principals shall be limited in scope of bargaining to compensation, hours of work, and the number of days
of work in the annual employment contracts; and
(8) The bargaining unit of certificated employees of
school districts, educational service districts, or institutions
of higher education that are education providers under chapter 28A.193 RCW must be limited to the employees working
as education providers to juveniles in each adult correctional
facility maintained by the department of corrections and must
be separate from other bargaining units in school districts,
educational service districts, or institutions of higher education. [1998 c 244 § 11; 1975 1st ex.s. c 288 § 9.]
Effective date—Severability—1998 c 244: See RCW 28A.193.900
and 28A.193.901.
41.59.090 Certification of exclusive bargaining representative—Scope of representation. The employee organization which has been determined to represent a majority of
the employees in a bargaining unit shall be certified by the
commission as the exclusive bargaining representative of,
and shall be required to represent all the employees within the
unit without regard to membership in that bargaining representative: PROVIDED, That any employee at any time may
present his grievance to the employer and have such grievance adjusted without the intervention of the exclusive bargaining representative, as long as such representative has
been given an opportunity to be present at that adjustment
and to make its views known, and as long as the adjustment is
not inconsistent with the terms of a collective bargaining
agreement then in effect. [1975 1st ex.s. c 288 § 10.]
41.59.090
41.59.100 Union security provisions—Scope—
Agency shop provision, collection of dues or fees. A collective bargaining agreement may include union security provisions including an agency shop, but not a union or closed
41.59.100
[Title 41 RCW—page 323]
41.59.110
Title 41 RCW: Public Employment, Civil Service, and Pensions
shop. If an agency shop provision is agreed to, the employer
shall enforce it by deducting from the salary payments to
members of the bargaining unit the dues required of membership in the bargaining representative, or, for nonmembers
thereof, a fee equivalent to such dues. All union security provisions must safeguard the right of nonassociation of employees based on bona fide religious tenets or teachings of a
church or religious body of which such employee is a member. Such employee shall pay an amount of money equivalent
to regular dues and fees to a nonreligious charity or to another
charitable organization mutually agreed upon by the
employee affected and the bargaining representative to which
such employee would otherwise pay the dues and fees. The
employee shall furnish written proof that such payment has
been made. If the employee and the bargaining representative
do not reach agreement on such matter, the commission shall
designate the charitable organization. [1975 1st ex.s. c 288 §
11.]
41.59.110
41.59.110 Commission, rules and regulations of—
Federal precedents as standard. (1) The commission shall
promulgate, revise, or rescind, in the manner prescribed by
the administrative procedure act, chapter 34.05 RCW, such
rules and regulations as it may deem necessary and appropriate to administer the provisions of this chapter, in conformity
with the intent and purpose of this chapter, and consistent
with the best standards of labor-management relations.
(2) The rules, precedents, and practices of the national
labor relations board, provided they are consistent with this
chapter, shall be considered by the commission in its interpretation of this chapter, and prior to adoption of any aforesaid commission rules and regulations. [1975 1st ex.s. c 288
§ 12.]
41.59.120
41.59.120 Resolving impasses in collective bargaining—Mediation—Fact-finding with recommendations—
Other. (1) Either an employer or an exclusive bargaining
representative may declare that an impasse has been reached
between them in collective bargaining and may request the
commission to appoint a mediator for the purpose of assisting
them in reconciling their differences and resolving the controversy on terms which are mutually acceptable. If the commission determines that its assistance is needed, not later than
five days after the receipt of a request therefor, it shall
appoint a mediator in accordance with rules and regulations
for such appointment prescribed by the commission. The
mediator shall meet with the parties or their representatives,
or both, forthwith, either jointly or separately, and shall take
such other steps as he may deem appropriate in order to persuade the parties to resolve their differences and effect a
mutually acceptable agreement. The mediator, without the
consent of both parties, shall not make findings of fact or recommend terms of settlement. The services of the mediator,
including, if any, per diem expenses, shall be provided by the
commission without cost to the parties. Nothing in this subsection (1) shall be construed to prevent the parties from
mutually agreeing upon their own mediation procedure, and
in the event of such agreement, the commission shall not
appoint its own mediator unless failure to do so would be
[Title 41 RCW—page 324]
inconsistent with the effectuation of the purposes and policy
of this chapter.
(2) If the mediator is unable to effect settlement of the
controversy within ten days after his or her appointment,
either party, by written notification to the other, may request
that their differences be submitted to fact-finding with recommendations, except that the time for mediation may be
extended by mutual agreement between the parties. Within
five days after receipt of the aforesaid written request for
fact-finding, the parties shall select a person to serve as factfinder and obtain a commitment from that person to serve. If
they are unable to agree upon a fact-finder or to obtain such a
commitment within that time, either party may request the
commission to designate a fact-finder. The commission,
within five days after receipt of such request, shall designate
a fact-finder in accordance with rules and regulations for such
designation prescribed by the commission. The fact-finder so
designated shall not be the same person who was appointed
mediator pursuant to subsection (1) of this section without
the consent of both parties.
The fact-finder, within five days after his appointment,
shall meet with the parties or their representatives, or both,
either jointly or separately, and make inquiries and investigations, hold hearings, and take such other steps as he may
deem appropriate. For the purpose of such hearings, investigations and inquiries, the fact-finder shall have the power to
issue subpoenas requiring the attendance and testimony of
witnesses and the production of evidence. If the dispute is not
settled within ten days after his appointment, the fact-finder
shall make findings of fact and recommend terms of settlement within thirty days after his appointment, which recommendations shall be advisory only.
(3) Such recommendations, together with the findings of
fact, shall be submitted in writing to the parties and the commission privately before they are made public. Either the
commission, the fact-finder, the employer, or the exclusive
bargaining representative may make such findings and recommendations public if the dispute is not settled within five
days after their receipt from the fact-finder.
(4) The costs for the services of the fact-finder, including, if any, per diem expenses and actual and necessary travel
and subsistence expenses, and any other incurred costs, shall
be borne by the commission without cost to the parties.
(5) Nothing in this section shall be construed to prohibit
an employer and an exclusive bargaining representative from
agreeing to substitute, at their own expense, their own procedure for resolving impasses in collective bargaining for that
provided in this section or from agreeing to utilize for the
purposes of this section any other governmental or other
agency or person in lieu of the commission.
(6) Any fact-finder designated by an employer and an
exclusive representative or the commission for the purposes
of this section shall be deemed an agent of the state. [1975
1st ex.s. c 288 § 13.]
41.59.130 Binding arbitration procedures authorized. An employer and an exclusive bargaining representative who enter into a collective bargaining agreement may
include in such agreement procedures for binding arbitration
of such disputes as may arise involving the interpretation or
application of such agreement. [1975 1st ex.s. c 288 § 14.]
41.59.130
(2004 Ed.)
Educational Employment Relations Act
41.59.140
41.59.140 Unfair labor practices for employer,
employee organization, enumerated. (1) It shall be an
unfair labor practice for an employer:
(a) To interfere with, restrain, or coerce employees in the
exercise of the rights guaranteed in RCW 41.59.060.
(b) To dominate or interfere with the formation or
administration of any employee organization or contribute
financial or other support to it: PROVIDED, That subject to
rules and regulations made by the commission pursuant to
RCW 41.59.110, an employer shall not be prohibited from
permitting employees to confer with it or its representatives
or agents during working hours without loss of time or pay;
(c) To encourage or discourage membership in any
employee organization by discrimination in regard to hire,
tenure of employment or any term or condition of employment, but nothing contained in this subsection shall prevent
an employer from requiring, as a condition of continued
employment, payment of periodic dues and fees uniformly
required to an exclusive bargaining representative pursuant to
RCW 41.59.100;
(d) To discharge or otherwise discriminate against an
employee because he has filed charges or given testimony
under *this chapter;
(e) To refuse to bargain collectively with the representatives of its employees.
(2) It shall be an unfair labor practice for an employee
organization:
(a) To restrain or coerce (i) employees in the exercise of
the rights guaranteed in RCW 41.59.060: PROVIDED, That
this paragraph shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership therein; or (ii) an employer in
the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances;
(b) To cause or attempt to cause an employer to discriminate against an employee in violation of subsection (1)(c) of
this section;
(c) To refuse to bargain collectively with an employer,
provided it is the representative of its employees subject to
RCW 41.59.090.
(3) The expressing of any views, argument, or opinion,
or the dissemination thereof to the public, whether in written,
printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions
of *this chapter, if such expression contains no threat of
reprisal or force or promise of benefit. [1975 1st ex.s. c 288
§ 15.]
*Reviser's note: Session law [1975 1st ex.s. c 288 § 15] language here
reads "this act" or "this 1975 act"; for codification of 1975 1st ex.s. c 288, see
Codification Tables, Volume 0.
41.59.150
41.59.150 Commission to prevent unfair labor practices—Scope. (1) The commission is empowered to prevent
any person from engaging in any unfair labor practice as
defined in RCW 41.59.140: PROVIDED, That a complaint
shall not be processed for any unfair labor practice occurring
more than six months before the filing of the complaint with
the commission. This power shall not be affected by any
other means of adjustment or prevention that has been or may
be established by agreement, law, equity or otherwise.
(2004 Ed.)
41.59.900
(2) If the commission determines that any person has
engaged in or is engaging in any such unfair labor practices
as defined in RCW 41.59.140, then the commission shall
issue and cause to be served upon such person an order
requiring such person to cease and desist from such unfair
labor practice, and to take such affirmative action as will
effectuate the purposes and policy of this chapter, such as the
payment of damages and/or the reinstatement of employees.
(3) The commission may petition the superior court for
the county in which the main office of the employer is located
or wherein the person who has engaged or is engaging in such
unfair labor practice resides or transacts business, for the
enforcement of its order and for appropriate temporary relief.
[1983 c 58 § 3; 1975 1st ex.s. c 288 § 16.]
41.59.160
41.59.160 Applicability of administrative procedure
act provisions to commission action. Actions taken by or
on behalf of the commission shall be pursuant to chapter
34.05 RCW, or rules and regulations adopted in accordance
therewith, and the right of judicial review provided by chapter 34.05 RCW shall be applicable to all such actions and
rules and regulations. [1975 1st ex.s. c 288 § 17.]
41.59.170
41.59.170 Effective date of certain agreements—
Increased benefits during agreement authorized, when.
(1) Whenever a collective bargaining agreement between an
employer and an exclusive bargaining representative is concluded after the termination date of the previous collective
bargaining agreement between the employer and an
employee organization representing the same employees, the
effective date of such collective bargaining agreement may
be the day after the termination date of the previous collective
bargaining agreement and all benefits included in the new
collective bargaining agreement, including wage or salary
increases, may accrue beginning with such effective date as
established by this subsection, and may also accrue beginning
with the effective date of any individual employee contracts
affected thereby.
(2) Any collective bargaining agreement may provide
for the increase of any wages, salaries and other benefits during the term of such agreement or the term of any individual
employee contracts concerned, in the event that the employer
receives by increased appropriation or from other sources,
additional moneys for such purposes. [1975 1st ex.s. c 288 §
18.]
41.59.180
41.59.180 Employees in specialized job category—
Exclusion. Notwithstanding the definition of "employee" in
RCW 41.59.020, the commission may exclude from the coverage of chapter 288, Laws of 1975 1st ex. sess. any specialized job category of an employer where a majority of the persons employed in that job category consists of classified
employees. At such time as a majority of such employees are
certificated, the job category may be considered an appropriate unit under chapter 288, Laws of 1975 1st ex. sess. [1997
c 13 § 14; 1975 1st ex.s. c 288 § 23.]
41.59.900
41.59.900 Short title. This chapter may be cited as the
educational employment relations act. [1975 1st ex.s. c 288
§ 1.]
[Title 41 RCW—page 325]
41.59.910
Title 41 RCW: Public Employment, Civil Service, and Pensions
41.59.910 Construction of chapter—Effect on existing agreements—Collective bargaining agreement prevails where conflict. This chapter shall supersede existing
statutes not expressly repealed to the extent that there is a
conflict between a provision of this chapter and those other
statutes. Except as otherwise expressly provided herein, nothing in this chapter shall be construed to annul, modify or preclude the renewal or continuation of any lawful agreement
entered into prior to January 1, 1976 between an employer
and an employee organization covering wages, hours, and
terms and conditions of employment. Where there is a conflict between any collective bargaining agreement and any
resolution, rule, policy or regulation of the employer or its
agents, the terms of the collective bargaining agreement shall
prevail. [1975 1st ex.s. c 288 § 19.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
41.59.920 Construction of chapter—Employee's
rights preserved. Except as otherwise expressly provided
herein, nothing contained in this chapter shall be construed to
deny or otherwise abridge any rights, privileges or benefits
granted by law to employees. [1975 1st ex.s. c 288 § 20.]
Sections
41.59.910
41.59.920
41.59.930 Construction of chapter—Employer's
responsibilities and rights preserved. Nothing in this chapter shall be construed to interfere with the responsibilities and
rights of the employer as specified by federal and state law,
including the employer's responsibilities to students, the public, and other constituent elements of the institution. [1975
1st ex.s. c 288 § 24.]
41.59.930
41.59.935 Construction of chapter—Certain agreements subject to RCW 28A.150.410 and 28A.400.200.
Nothing in this chapter shall be construed to grant employers
or employees the right to reach agreements regarding salary
or compensation increases in excess of those authorized in
accordance with RCW 28A.150.410 and 28A.400.200.
[1990 c 33 § 571; (1997 c 431 § 22 expired June 30, 1999);
1987 1st ex.s. c 2 § 206; 1981 c 16 § 3.]
41.59.950
41.59.950 Severability—1975 1st ex.s. c 288. If any
provision of *this chapter, or its application to any person or
circumstance is held invalid, the remainder of *the chapter,
or the application of the provision to other persons or circumstances is not affected. [1975 1st ex.s. c 288 § 25.]
*Reviser's note: Session law [1975 1st ex.s. c 288 § 25] language here
reads "this 1975 act" or "the act"; for codification of 1975 1st ex.s. c 288, see
Codification Tables, Volume 0.
Chapter 41.60 RCW
STATE EMPLOYEES' SUGGESTION AWARDS
AND INCENTIVE PAY
Chapter 41.60
41.60.010
41.60.015
41.60.020
41.60.030
41.60.041
41.60.050
41.60.080
41.60.100
41.60.110
41.60.120
41.60.140
41.59.935
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Intent—Severability—Effective dates—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
Severability—1981 c 16: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 16 § 5.]
41.59.940 Effective date—1975 1st ex.s. c 288. Except
for RCW 41.59.040, 41.59.050, 41.59.110 and 41.59.160
which shall take effect ninety days following enactment
hereof, this chapter and RCW 28A.150.060 and 28A.405.100
as amended by chapter 288, Laws of 1975 1st ex. sess. shall
take effect on January 1, 1976. Where the term "effective date
of this chapter" is used elsewhere in this chapter it shall mean
January 1, 1976. [1990 c 33 § 572; 1975 1st ex.s. c 288 § 26.]
41.59.940
Reviser's note: (1) Engrossed Substitute Senate Bill No. 2500, which
is chapter 288, Laws of 1975 1st ex. sess., was passed by the senate May 28,
1975, passed by the house of representatives June 2, 1975, and approved by
the governor July 2, 1975, with the exception of section 4 thereof, which was
vetoed by the governor; it includes the repeal of chapter 28A.72 RCW in section 28 thereof.
(2) RCW 41.59.040 and 41.59.050 were repealed by 1979 ex.s. c 146 §
3.
[Title 41 RCW—page 326]
41.60.150
41.60.160
41.60.910
41.60.911
Definitions.
Productivity board created—Also known as employee
involvement and recognition board—Members—Terms—
Compensation.
Employee suggestion program—Rules for administration of
chapter.
Employee suggestion program—Determination of award.
Employee suggestion program—Amount and payment of
award—Transfer of funds to general fund.
Appropriations for administrative costs.
Employee suggestion program—Contests to encourage participation.
Employee teamwork incentive program—Applications.
Employee teamwork incentive program—Evaluation of savings.
Employee teamwork incentive program—Awards.
Incentive pay or awards not included in retirement calculations.
Recognition awards.
Persons ineligible for awards.
Severability—1975-'76 2nd ex.s. c 122.
Effective dates—1987 c 387.
41.60.010
41.60.010 Definitions. As used in this chapter:
(1) "Board" means the productivity board.
(2) "Delegated authority" means authority delegated to
an agency head by the board to design and implement an
agency unique employee suggestion program for the agency.
(3) "Board designee" means an agency head with delegated authority from the board.
(4) "Employee suggestion program" means the programs
developed by the board under RCW 41.60.020.
(5) "Statewide employee suggestion program" means an
employee suggestion program administered by the productivity board.
(6) "Agency unique suggestion program" means an
employee suggestion program designed and administered by
an agency head with delegated authority.
(7) "Teamwork incentive program" means the program
developed by the board under RCW 41.60.100 through
41.60.120.
(8) "State employees" means present employees in state
agencies and institutions of higher education except for
elected officials, directors of such agencies and institutions,
and their confidential secretaries and administrative assistants and others specifically ruled ineligible by the rules of
the productivity board. [1999 c 50 § 1; 1993 c 467 § 1; 1987
c 387 § 1; 1983 c 54 § 1; 1982 c 167 § 6; 1977 ex.s. c 169 §
103; 1969 ex.s. c 152 § 3; 1965 ex.s. c 142 § 1.]
(2004 Ed.)
State Employees' Suggestion Awards and Incentive Pay
Effective date—1993 c 467: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 467 § 8.]
Severability—1982 c 167: See note following RCW 41.60.015.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
41.60.015
41.60.015 Productivity board created—Also known
as employee involvement and recognition board—Members—Terms—Compensation. (1) There is hereby created
the productivity board, which may also be known as the
employee involvement and recognition board. The board
shall administer the employee suggestion program and the
teamwork incentive program under this chapter.
(2) The board shall be composed of:
(a) The secretary of state who shall act as chairperson;
(b) The director of personnel appointed under the provisions of RCW 41.06.130 or the director's designee;
(c) The director of financial management or the director's designee;
(d) The director of general administration or the director's designee;
(e) Three persons with experience in administering
incentives such as those used by industry, with the governor,
lieutenant governor, and speaker of the house of representatives each appointing one person. The governor's appointee
shall be a representative of an employee organization certified as an exclusive representative of at least one bargaining
unit of classified employees;
(f) Two persons representing state agencies and institutions with employees subject to chapter 41.06 RCW, and one
person representing those subject to chapter 28B.16 RCW,
both appointed by the governor; and
(g) In addition, the governor and board chairperson may
jointly appoint persons to the board on an ad hoc basis. Ad
hoc members shall serve in an advisory capacity and shall not
have the right to vote.
Members under subsection (2)(e) and (f) of this section
shall be appointed to serve three-year terms.
Members of the board appointed pursuant to subsection
(2)(e) of this section may be compensated in accordance with
RCW 43.03.240. Any board member who is not a state
employee may be reimbursed for travel expenses under RCW
43.03.050 and 43.03.060. [2000 c 139 § 1; 1999 c 50 § 2;
1993 c 467 § 2; 1987 c 387 § 2; 1985 c 114 § 1; 1984 c 287 §
72; 1983 c 54 § 2; 1982 c 167 § 1.]
Effective date—1993 c 467: See note following RCW 41.60.010.
Effective date—1985 c 114: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 114 § 8.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Severability—1982 c 167: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1982 c 167 § 18.]
41.60.020
41.60.020 Employee suggestion program—Rules for
administration of chapter. (1) The board shall formulate,
establish, and maintain a statewide employee suggestion pro(2004 Ed.)
41.60.041
gram and adopt rules to allow for agency unique suggestion
programs. Employee suggestion programs are developed to
encourage and reward meritorious suggestions by state
employees that will promote efficiency and economy in the
performance of any function of state government: PROVIDED, That the program shall include provisions for the
processing of suggestions having multi-agency impact and
post-implementation auditing of suggestions for fiscal
accountability.
(2) The board shall adopt rules necessary or appropriate
for the proper administration and for the accomplishment of
the purposes of this chapter. These rules shall include the
adoption of a payment award schedule that establishes the
criteria for determining the amounts of any financial or other
awards under this chapter. [1999 c 50 § 3; 1995 c 181 § 1;
1993 c 467 § 3; 1982 c 167 § 7; 1975-'76 2nd ex.s. c 122 § 1;
1969 ex.s. c 152 § 4; 1965 ex.s. c 142 § 2.]
Effective date—1993 c 467: See note following RCW 41.60.010.
Severability—1982 c 167: See note following RCW 41.60.015.
41.60.030
41.60.030 Employee suggestion program—Determination of award. The board, or [the] board's designee, shall
make the final determination as to whether an employee suggestion award will be made and shall determine the nature
and extent of the award based on the payment award scale.
No employee suggestion award may normally be made
to an employee for a suggestion which is within the scope of
the employee's regularly assigned responsibilities. [1999 c
50 § 4; 1982 c 167 § 8; 1965 ex.s. c 142 § 3.]
Severability—1982 c 167: See note following RCW 41.60.015.
41.60.041
41.60.041 Employee suggestion program—Amount
and payment of award—Transfer of funds to general
fund. (1) Cash awards for suggestions generating net savings, revenue, or both to the state shall be determined by the
board, or the board's designee, based on the payment award
scale. No award may be granted in excess of ten thousand
dollars. Savings, revenue, or both, shall be calculated for the
first year of implementation.
(2) The board shall establish guidelines for making cash
awards for suggestions for which benefits to the state are
intangible or for which benefits cannot be calculated.
(3) Funds for the awards shall be drawn from the appropriation of the agency benefiting from the employee's suggestion. If the suggestion reduces costs to a nonappropriated
fund or reduces costs paid without appropriation from a nonappropriated portion of an appropriated fund, an award may
be paid from the benefiting fund or account without appropriation.
(4) Awards may be paid to state employees for suggestions which generate new or additional money for the general
fund or any other funds of the state. The director of financial
management shall distribute moneys appropriated for this
purpose with the concurrence of the productivity board.
Transfers shall be made from other funds of the state to the
general fund, in amounts equal to award payments made by
the general fund, for suggestions generating new or additional money for those other funds. [1999 c 50 § 5; 1989 c 56
§ 1; 1987 c 387 § 3; 1985 c 114 § 2; 1982 c 167 § 9.]
[Title 41 RCW—page 327]
41.60.050
Title 41 RCW: Public Employment, Civil Service, and Pensions
Effective date—1989 c 56: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 56 § 7.]
Effective date—1985 c 114: See note following RCW 41.60.015.
Severability—1982 c 167: See note following RCW 41.60.015.
both, are not final until approved by the agency head, who
may modify the team's calculations. The board may by rule
establish criteria to be used in calculating net savings, revenue, or both. [1999 c 50 § 8; 1993 c 467 § 5; 1989 c 56 § 3;
1987 c 387 § 6; 1985 c 114 § 5; 1982 c 167 § 3.]
Effective date—1993 c 467: See note following RCW 41.60.010.
41.60.050
41.60.050 Appropriations for administrative costs.
The legislature shall appropriate from the department of personnel service fund for the payment of administrative costs of
the productivity board. However, during the 1991-93 fiscal
biennium, the administrative costs of the productivity board
shall be appropriated from the savings recovery account.
[1991 sp.s. c 16 § 918; 1987 c 387 § 4; 1985 c 114 § 3; 1983
c 54 § 3; 1982 c 167 § 11; 1975-'76 2nd ex.s. c 122 § 3; 1969
ex.s. c 152 § 6; 1965 ex.s. c 142 § 5.]
Severability—Effective date—1991 sp.s. c 16: See notes following
RCW 9.46.100.
Effective date—1985 c 114: See note following RCW 41.60.015.
Severability—1982 c 167: See note following RCW 41.60.015.
Department of personnel service fund: RCW 41.06.280.
41.60.080
41.60.080 Employee suggestion program—Contests
to encourage participation. The board and agency heads
may design and initiate contests between agencies and
between agency suggestion evaluators to encourage participation in the suggestion program at management levels. Any
tokens of recognition offered during these contests shall be
nonmonetary and shall not be considered an award, or subject
to RCW 41.60.030. [1999 c 50 § 6; 1982 c 167 § 12; 1975'76 2nd ex.s. c 122 § 5.]
Severability—1982 c 167: See note following RCW 41.60.015.
Effective date—1989 c 56: See note following RCW 41.60.041.
Effective date—1985 c 114: See note following RCW 41.60.015.
Severability—1982 c 167: See note following RCW 41.60.015.
41.60.120
41.60.120 Employee teamwork incentive program—
Awards. The agency head may recommend an award
amount to the board. The board shall make the final determination as to whether an award will be made in accordance
with applicable rules governing the teamwork incentive program. Awards will be based on the payment award scale.
Funds for the teamwork incentive award shall be drawn from
the agencies in which the unit is located or from the benefiting fund or account without appropriation when additional
revenue is generated to the fund or account.
Awards may be paid to teams for process changes which
generate new or additional money for the general fund or any
other funds of the state. The director of the office of financial
management shall distribute moneys appropriated for this
purpose with the concurrence of the productivity board.
Transfers shall be made from other funds of the state to the
general fund in amounts equal to award payments made by
the general fund, for innovations generating new or additional money for those other funds. [1999 c 50 § 9; 1993 c
467 § 6; 1989 c 56 § 4; 1987 c 387 § 7; 1985 c 114 § 6; 1982
c 167 § 4.]
Effective date—1993 c 467: See note following RCW 41.60.010.
41.60.100
41.60.100 Employee teamwork incentive program—
Applications. (1) With the exception of agencies of the legislative and judicial branches, any organizational unit composed of employees in any agency or group of agencies of
state government with the ability to identify costs, revenues,
or both may apply to the board to participate in the teamwork
incentive program as a team. The application shall have the
approval of the heads of the agency or agencies within which
the team is located.
(2) Applications shall be in the form specified by the
board and contain such information as the board requires.
This may include, but is not limited to, quantitative measures
which establish a data base of program output or performance
expectations, or both. This data base is used to evaluate savings in accordance with RCW 41.60.110. [1999 c 50 § 7;
1993 c 467 § 4; 1989 c 56 § 2; 1987 c 387 § 5; 1985 c 114 §
4; 1982 c 167 § 2.]
Effective date—1993 c 467: See note following RCW 41.60.010.
Effective date—1989 c 56: See note following RCW 41.60.041.
Effective date—1985 c 114: See note following RCW 41.60.015.
Severability—1982 c 167: See note following RCW 41.60.015.
41.60.110
41.60.110 Employee teamwork incentive program—
Evaluation of savings. To qualify for a teamwork incentive
program award for its employees, a team must identify the
net savings, revenue, or both, accomplished during the
project period. The calculations of net savings, revenue, or
[Title 41 RCW—page 328]
Effective date—1989 c 56: See note following RCW 41.60.041.
Effective date—1985 c 114: See note following RCW 41.60.015.
Severability—1982 c 167: See note following RCW 41.60.015.
41.60.140
41.60.140 Incentive pay or awards not included in
retirement calculations. Incentive pay or awards provided
under this chapter shall not be included for the purpose of
computing a retirement allowance under any public retirement system of this state. [1982 c 167 § 10.]
Severability—1982 c 167: See note following RCW 41.60.015.
41.60.150
41.60.150 Recognition awards. Other than suggestion
awards and incentive pay unit awards, agencies shall have the
authority to recognize employees, either individually or as a
class, for accomplishments including outstanding achievements, safety performance, longevity, outstanding public service, or service as employee suggestion evaluators and implementors. Recognition awards may not exceed two hundred
dollars in value per award. Such awards may include, but not
be limited to, cash or such items as pen and desk sets,
plaques, pins, framed certificates, clocks, and calculators.
Award costs shall be paid by the agency giving the award.
[2000 c 139 § 2; 1999 c 50 § 10; 1989 c 56 § 5; 1985 c 114 §
7.]
Effective date—1989 c 56: See note following RCW 41.60.041.
Effective date—1985 c 114: See note following RCW 41.60.015.
(2004 Ed.)
Personnel Appeals Board
41.60.160 Persons ineligible for awards. No award
may be made under this chapter to any elected state official or
state agency director. [1993 c 467 § 7; 1987 c 387 § 8.]
41.60.160
Effective date—1993 c 467: See note following RCW 41.60.010.
41.60.910 Severability—1975-'76 2nd ex.s. c 122. If
any provision of this 1976 amendatory act, or its application
to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons
or circumstances is not affected. [1975-'76 2nd ex.s. c 122 §
9.]
41.60.910
41.60.911 Effective dates—1987 c 387. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect July 1, 1987,
except section 10 of this act which shall take effect immediately. [1987 c 387 § 11.]
41.60.911
Chapter 41.64
Chapter 41.64 RCW
PERSONNEL APPEALS BOARD
Sections
41.64.010
41.64.020
41.64.030
41.64.040
41.64.050
41.64.060
41.64.070
41.64.080
41.64.090
41.64.100
41.64.110
41.64.120
41.64.130
41.64.140
41.64.910
Personnel appeals board—Created—Membership—Definitions.
Removal of members—Hearing.
Compensation of members—Travel expenses—Disclosure of
financial affairs.
Election of chairperson—Biennial meetings.
Executive secretary—Appointment of assistants.
Location of principal office—Hearings—Procedure.
Journal of official actions.
Employee appeals—Hearings examiners.
Employee appeals—Jurisdiction.
Employee appeals—Hearing—Decision to be rendered within
ninety days, exceptions.
Employee appeals—Hearing—Procedure—Official record.
Employee appeals—Findings of fact, conclusions of law,
order—Notice to employee and employing agency.
Employee appeals—Review by superior court—Grounds—
Notice, service—Certified transcript.
Employee appeals—Review by superior court—Procedure—
Appellate review.
Severability—1981 c 311.
41.64.010 Personnel appeals board—Created—
Membership—Definitions. (Effective until July 1, 2006.)
(1) There is hereby created a "personnel appeals board," hereinafter in this chapter referred to as the "board," which shall
consist of three members to be appointed by the governor,
subject to confirmation by the senate. The first board shall be
appointed within thirty days after May 19, 1981, for terms of
two, four, and six years. Thereafter, appointments shall be
made for six-year terms. A vacancy shall be filled by appointment by the governor for the unexpired term in which the
vacancy exists. Each member shall continue to hold office
after the expiration of the member's term until a successor has
been appointed. Members may be reappointed to the board
for successive terms. Persons appointed to the board shall be
qualified by experience and training in the field of administrative procedures and merit principles. Such members:
(a) May not hold any other employment with the state;
(b) May not during the terms to which they are appointed
be or become candidates for public office, hold any other
public office or trust, engage in any occupation or business
which interferes, or is inconsistent, with their duties as mem41.64.010
(2004 Ed.)
41.64.030
bers of the board, serve on or under any committee of any
political party, and may not have been officers of a political
party for a period of one year immediately prior to their
appointment; and
(c) May not for a period of one year after the termination
of their membership on the board, act in a representative
capacity before the board on any matter.
(2) Unless the context clearly indicates otherwise, the
following definitions apply to this chapter:
(a) "Agency" means any agency as defined in RCW
41.06.020;
(b) For appeals filed on or after July 1, 1981, under RCW
41.64.090, "board" or "personnel appeals board" means the
personnel appeals board created by subsection (1) of this section;
(c) For purposes of RCW 41.64.080 through 41.64.140
for appeals filed before July 1, 1981, under RCW 41.06.170,
as it existed prior to or after May 19, 1981, "board" or "personnel appeals board" means the *state personnel board created by RCW 41.06.110. [1981 c 311 § 1.]
*Reviser's note: Powers, duties, and functions of the higher education
personnel board and the state personnel board were transferred to the Washington personnel resources board by 1993 c 281 §§ 1 through 7.
41.64.020
41.64.020 Removal of members—Hearing. (Effective
until July 1, 2006.) Any member of the board may be
removed for incapacity, incompetence, neglect of duty, malfeasance, or misfeasance in office, upon specific written
charges filed by the governor, who shall transmit such written
charges to the member accused and to the chief justice of the
supreme court. The chief justice shall thereupon designate a
tribunal composed of three judges of the superior court to
hear and adjudicate the charges. Such tribunal shall fix the
time and the procedure for the hearing, which shall be public.
The decision of such tribunal shall be final and not subject to
review by the supreme court. Removal of any member of the
board by the tribunal disqualifies such member for reappointment. [1981 c 311 § 3.]
41.64.030
41.64.030 Compensation of members—Travel
expenses—Disclosure of financial affairs. (Effective until
July 1, 2006.) (1) The board shall operate on either a parttime or a full-time basis, as determined by the governor. If it
is determined that the board shall operate on a full-time basis,
each member of the board shall receive an annual salary to be
determined by the governor pursuant to RCW 43.03.040. If it
is determined that the board shall operate on a part-time
basis, each member of the board shall be compensated in
accordance with RCW 43.03.250. Each board member shall
receive reimbursement for travel expenses incurred in the
discharge of his or her duties in accordance with RCW
43.03.050 and 43.03.060.
(2) Members of the board shall report their financial
affairs to the public disclosure commission pursuant to RCW
42.17.240 and 42.17.241. [1984 c 287 § 73; 1984 c 34 § 4;
1981 c 311 § 4.]
Reviser's note: This section was amended by 1984 c 287 § 73, effective
July 1, 1985, and by 1984 c 34 § 4, each without reference to the other. Both
amendments are incorporated in the publication of this section pursuant to
RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
[Title 41 RCW—page 329]
41.64.040
Title 41 RCW: Public Employment, Civil Service, and Pensions
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
41.64.040
41.64.040 Election of chairperson—Biennial meetings. (Effective until July 1, 2006.) The board shall, as soon
as practicable after the initial appointment of its members,
meet and elect from among its members a chairperson, and
shall at least biennially thereafter meet and elect such a chairperson. [1981 c 311 § 5.]
41.64.050
41.64.050 Executive secretary—Appointment of
assistants. (Effective until July 1, 2006.) The board may
appoint and discharge an executive secretary who shall be
exempt from the provisions of chapter 41.06 RCW. The
executive secretary may appoint and discharge such other
clerical, professional, and technical assistants as may be necessary. The salary of the executive secretary shall be fixed by
the governor pursuant to RCW 43.03.040, as now existing or
hereafter amended. [1981 c 311 § 6.]
41.64.060
41.64.060 Location of principal office—Hearings—
Procedure. (Effective until July 1, 2006.) The principal
office of the board shall be at the state capital, but it may sit
or hold hearings at any other place in the state. A majority of
the board shall constitute a quorum for making orders or decisions, promulgating rules necessary for the conduct of its
powers and duties, or transacting other official business, and
may act though one position on the board be vacant. One or
more members may hold hearings and take testimony to be
reported for action by the board when authorized by rule or
order of the board. The board shall perform all the powers
and duties specified in this chapter or as otherwise provided
by law. [1981 c 311 § 7.]
41.64.070
41.64.070 Journal of official actions. (Effective until
July 1, 2006.) The board shall maintain at its principal office
a journal which shall contain all official actions of the board,
with the exception of findings and decisions, together with
the vote of each member on such actions. The journal shall be
available for public inspection at the principal office of the
board at all reasonable times. [1981 c 311 § 8.]
41.64.080
41.64.080 Employee appeals—Hearings examiners.
(Effective until July 1, 2006.) The board may appoint one or
more hearings examiners to preside over, conduct, and make
recommended decisions, including findings of fact and conclusions of law in all cases of employee appeals to the board.
The hearings examiner shall conduct hearings in the same
manner and shall have the same authority as provided in hearings by the board. The recommended decisions shall be forthwith served upon the parties and transmitted to the board
together with the record of the evidence. Within thirty days of
service of the recommended decision, any party adversely
affected may file exceptions, and thereafter all parties may
present written and oral argument to the board, which shall
consider the whole record or such portions thereof as may be
cited by the parties. [1981 c 311 § 9.]
41.64.090
41.64.090 Employee appeals—Jurisdiction. (Effective until July 1, 2006.) (1) The board shall have jurisdiction
[Title 41 RCW—page 330]
to decide appeals filed on or after July 1, 1981, of employees
under the jurisdiction of the Washington personnel resources
board pursuant to RCW 41.06.170, as now or hereafter
amended.
(2) The board shall have jurisdiction to decide appeals
filed on or after July 1, 1993, of employees of institutions of
higher education and related boards under the jurisdiction of
the Washington personnel resources board pursuant to RCW
41.06.170. An appeal under this subsection by an employee
of an institution of higher education or a related board shall
be held in the county in which the institution is located or the
county in which the person was employed when the appeal
was filed. [1993 c 281 § 41; 1981 c 311 § 10.]
Effective date—1993 c 281: See note following RCW 41.06.022.
41.64.100
41.64.100 Employee appeals—Hearing—Decision to
be rendered within ninety days, exceptions. (Effective
until July 1, 2006.) (1) In all appeals over which the board
has jurisdiction involving reduction, dismissal, suspension,
or demotion, the board shall set the case for hearing, and the
final decision, including an appeal to the board from the hearing examiner, if any, shall be rendered within ninety days
from the date the appeal was first received. An extension may
be permitted if agreed to by the employee and the employing
agency. The board shall furnish the agency with a copy of the
appeal in advance of the hearing.
(2) Notwithstanding subsection (1) of this section, in a
case involving misconduct that has placed a child at serious
risk of harm as a result of actions taken or not taken under
chapter 13.32A, 13.34, 13.40, 26.44, 74.13, 74.14A, 74.14B,
74.14C, or 74.15 RCW, the board shall hear the case before
all unscheduled cases. The board shall issue its order within
forty-five days of hearing the case unless there are extraordinary circumstances, in which case, an additional thirty days
may elapse until the case is decided.
(3) In all appeals made pursuant to RCW 41.06.170(4),
as now or hereafter amended, the decision of the board is
final and not appealable to court. [1997 c 386 § 43; 1981 c
311 § 11.]
Intent—1997 c 386 § 43: "It is the intent of the legislature, in enacting
the chapter 386, Laws of 1997 changes to RCW 41.64.100, to provide a
prompt and efficient method of expediting employee appeals regarding
alleged misconduct that may have placed children at serious risk of harm.
The legislature recognizes that children are at risk of harm in cases of abuse
or neglect and intends to provide a method of reducing such risk as well as
mitigating the potential liability to the state associated with employee misconduct involving children. The legislature does not intend to impair any
existing rights of appeals held by employees, nor does it intend to restrict
consideration of any appropriate evidence or facts by the personnel appeals
board." [1997 c 386 § 42.]
Construction—1997 c 386 § 43: "Section 43 of this act shall not be
construed to alter an existing collective bargaining unit or the provisions of
any existing bargaining agreement in place on July 27, 1997, before the expiration of such agreement." [1997 c 386 § 44.]
41.64.110
41.64.110 Employee appeals—Hearing—Procedure—Official record. (Effective until July 1, 2006.) Hearings on such appeals shall be open to the public, except for
cases in which the board determines there is substantial reason for not having an open hearing or in cases where the
employee so requests, and shall be informal with technical
rules of evidence not applying to the proceedings except the
rules of privilege recognized by law. Both the employee and
(2004 Ed.)
Reparations to State Employees Terminated During World War II
his or her appointing agency shall be notified reasonably in
advance of the hearing and may select representatives of their
choosing, present and cross-examine witnesses, and give evidence before the board. Members of the board or the executive secretary may, and shall at the request of either party,
issue subpoenas and subpoenas duces tecum. All testimony
shall be on oath administered by a member of the board. The
board shall certify to the superior court the facts of any refusals to obey a subpoena, take the oath, or testify. The court
shall summarily hear the evidence on such refusal and, if the
evidence warrants, punish such refusal in the same manner
and to the same extent as for contempt committed before, or
in connection with the proceedings of, the court. The board
shall prepare an official record of the hearing, including all
testimony, recorded manually or by mechanical device, and
exhibits; but it may not be required to transcribe such record
unless requested by the employee, who shall be furnished
with a complete transcript upon payment of a reasonable
charge. However, payment of the cost of a transcript used on
appeal shall await determination of the appeal and shall be
made by the employing agency if the employee prevails.
[1985 c 461 § 7; 1981 c 311 § 12.]
Severability—1985 c 461: See note following RCW 41.06.020.
41.64.120
41.64.120 Employee appeals—Findings of fact, conclusions of law, order—Notice to employee and employing agency. (Effective until July 1, 2006.) (1) Within thirty
days after the conclusion of the hearing, the board shall make
and fully record in its permanent records the following: (a)
Findings of fact; (b) conclusions of law when the construction of a rule, regulation, or statute is in question; (c) reasons
for the action taken; and (d) the board's order based thereon.
The order is final, subject to action by the court on appeal as
provided in this chapter.
(2) The board shall simultaneously send a copy of the
findings, conclusions, and order by certified mail to the
employing agency and to the employee or the employee's
designated representative. [1981 c 311 § 13.]
41.64.130
41.64.130 Employee appeals—Review by superior
court—Grounds—Notice, service—Certified transcript.
(Effective until July 1, 2006.) (1) Within thirty days after the
recording of the order and the mailing thereof, the employee
may appeal the decision and order of the board on appeals
made pursuant to RCW 41.06.170(2), as now or hereafter
amended, to the superior court of Thurston county on one or
more of the grounds that the order was:
(a) Founded on or contained an error of law, which shall
specifically include error in construction or application of
any pertinent rules or regulations;
(b) Contrary to a preponderance of the evidence as disclosed by the entire record with respect to any specified finding or findings of fact;
(c) Materially affected by unlawful procedure;
(d) Based on violation of any constitutional provision; or
(e) Arbitrary or capricious.
(2) Such grounds shall be stated in a written notice of
appeal filed with the court, with copies thereof served on a
member of the board or the executive secretary and on the
employing agency, all within the time stated.
(2004 Ed.)
41.68.020
(3) Within thirty days after service of such notice, or
within such further time as the court may allow, the board
shall transmit to the court a certified transcript, with exhibits,
of the hearing; but by stipulation between the employing
agency and the employee the transcript may be shortened,
and either party unreasonably refusing to stipulate to such
limitation may be ordered by the court to pay the additional
cost involved. The court may require or permit subsequent
corrections or additions to the transcript. [1981 c 311 § 14.]
41.64.140
41.64.140 Employee appeals—Review by superior
court—Procedure—Appellate review. (Effective until
July 1, 2006.) (1) The court shall review the hearing without
a jury on the basis of the transcript and exhibits, except that in
case of alleged irregularities in procedure before the board
not shown by the transcript the court may order testimony to
be given thereon. The court shall upon request by either party
hear oral argument and receive written briefs.
(2) The court may affirm the order of the board, remand
the matter for further proceedings before the board, or reverse
or modify the order if it finds that the objection thereto is well
taken on any of the grounds stated. Appellate review of the
order of the superior court may be sought as in other civil
cases. [1988 c 202 § 42; 1981 c 311 § 15.]
Severability—1988 c 202: See note following RCW 2.24.050.
41.64.910
41.64.910 Severability—1981 c 311. (Effective until
July 1, 2006.) If any provision of this act or its application to
any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or
circumstances is not affected. [1981 c 311 § 24.]
Chapter 41.68 RCW
REPARATIONS TO STATE EMPLOYEES
TERMINATED DURING WORLD WAR II
Chapter 41.68
Sections
41.68.010
41.68.020
41.68.030
41.68.040
41.68.050
Legislative finding.
Eligibility for reparation.
Submittal of claim.
Determination of eligibility.
Payment of reparation.
Redress authorized for municipal employees dismissed during World War II:
RCW 41.04.580.
41.68.010
41.68.010 Legislative finding. The dismissal or termination of various state employees during World War II
resulted from the promulgation of federal Executive Order
9066 which was based mainly on fear and suspicion rather
than on factual justification. It is fair and just that reparations
be made to those employees who were terminated from state
employment during the wartime years because of these circumstances. The legislature therefore finds that equity and
fairness will be served by authorizing the filing of claims
with the state for salary losses suffered by the state employees directly affected, and by authorizing the payment thereof,
subject to the provisions of this chapter. [1983 1st ex.s. c 15
§ 1.]
41.68.020
41.68.020 Eligibility for reparation. Any state
employee or the living surviving spouse of a state employee
[Title 41 RCW—page 331]
41.68.030
Title 41 RCW: Public Employment, Civil Service, and Pensions
who, due to the promulgation of federal Executive Order
9066, was dismissed, terminated from a temporary position,
or rejected during the person's probationary period, or who
voluntarily resigned in lieu of dismissal from state government employment, and who incurred salary losses as a result
thereof, is eligible to file a claim with the state for the reparation of those losses. [1983 1st ex.s. c 15 § 2.]
41.68.030
41.68.030 Submittal of claim. A claim under this chapter may be submitted to the department of personnel for the
reparation of salary losses suffered during the years 1942
through 1947. The claim shall be supported by appropriate
verification, such as the person's name at the time of the dismissal, the name of the employing department, and a social
security number, or by evidence of official action of termination. The claimant shall also provide an address to which the
department shall mail notification of its determination
regarding the claimant's eligibility. [1983 1st ex.s. c 15 § 3.]
41.68.040
41.68.040 Determination of eligibility. (1) The department of personnel shall determine the eligibility of a claimant
to receive reparations authorized by this chapter. The department shall then notify the claimant by mail of its determination regarding the claimant's eligibility.
(2) The department may adopt rules that will assist in the
fair determination of eligibility and the processing of claims.
The department, however, has no obligation to directly notify
any person of possible eligibility for reparation of salary
losses under this chapter. [1983 1st ex.s. c 15 § 4.]
41.68.050
41.68.050 Payment of reparation. A claimant under
this chapter who is determined eligible by the department of
personnel shall receive two thousand five hundred dollars
each year for two years. All claims which the department
determines are eligible for reparation shall be immediately
forwarded to the state treasurer, who shall issue warrants in
the appropriate amounts upon demand and verification of
identity. If a claimant dies after filing a claim but before
receiving full payment, payments shall be made to the claimant's estate upon demand and verification of identity. [1983
1st ex.s. c 15 § 5.]
Chapter 41.72 RCW
LAW ENFORCEMENT MEDAL OF HONOR
Chapter 41.72
Sections
41.72.010
41.72.020
41.72.030
41.72.040
41.72.050
Law enforcement medal of honor established.
Law enforcement medal of honor committee established—
Membership—Establishment of qualifications for award.
Law enforcement medal of honor awarded—When.
Law enforcement medal of honor may be awarded posthumously.
Law enforcement medal of honor—Design.
upon nomination of the governor's state law enforcement
medal of honor committee. [1994 c 89 § 1.]
41.72.020
41.72.020 Law enforcement medal of honor committee established—Membership—Establishment of qualifications for award. There is created the state law enforcement medal of honor committee for nominating candidates
for the award of the state law enforcement medal of honor.
The committee membership consists of a representative from
the governor's office, the Washington state law enforcement
association, the Washington state council of police officers,
the Washington association of sheriffs and police chiefs, and
the Washington state troopers association. The attorney general shall serve as chair of the committee and shall designate
a secretary for the committee. The committee shall meet not
less than semiannually to consider candidates for nomination.
The committee shall adopt rules establishing the qualifications for the state law enforcement medal of honor, the protocol governing the decoration, and the appurtenances necessary to the implementation of this chapter. [1994 c 89 § 2.]
41.72.030
41.72.030 Law enforcement medal of honor
awarded—When. The state law enforcement medal of
honor shall be awarded to recipients during the national law
enforcement recognition week. The governor may delegate
the awarding of the medal to the lieutenant governor or the
attorney general. [1994 c 89 § 3.]
41.72.040
41.72.040 Law enforcement medal of honor may be
awarded posthumously. The state law enforcement medal
of honor may be awarded posthumously to be presented to
the representative of the deceased as may be deemed appropriate by the governor or the designees specified in RCW
41.72.030. [1994 c 89 § 4.]
41.72.050
41.72.050 Law enforcement medal of honor—
Design. The decoration of the state law enforcement medal
of honor shall be bronze and shall consist of a police shield
overlaid by a sheriff's star with the seal of the state of Washington in the center and the words "law enforcement medal of
honor" within the design and suspended from a ring attached
by either a navy blue ribbon with a gold edge or a green ribbon with a gold edge. Such color choice shall be the recipient's. The reverse of the decoration shall be inscribed with the
words "For exceptionally honorable and meritorious conduct
in performing services as a law enforcement officer." [1994
c 89 § 5.]
Chapter 41.76 RCW
PUBLIC FOUR-YEAR INSTITUTIONS OF HIGHER
EDUCATION—FACULTY LABOR RELATIONS
Chapter 41.76
Sections
41.72.010
41.72.010 Law enforcement medal of honor established. There is established a decoration of the state law
enforcement medal of honor with accompanying ribbons and
appurtenances for award by the governor in the name of the
state to any law enforcement officer who has been seriously
injured or killed while in the performance of duty, or who has
been distinguished by exceptionally meritorious conduct,
[Title 41 RCW—page 332]
41.76.001
41.76.005
41.76.010
41.76.015
41.76.020
41.76.025
41.76.030
Findings—Declarations—Intent.
Definitions.
Scope of bargaining.
Exclusive bargaining representatives—Duty of representation.
Exclusive bargaining representatives—Procedures for certification—Challenges—Elections.
Bargaining unit determination—Hearings.
Settlement of unresolved matters—Role of commission—
Mediation—Other procedures authorized.
(2004 Ed.)
Public Four-Year Institutions of Higher Education—Faculty Labor Relations
41.76.035
41.76.040
41.76.045
41.76.050
41.76.055
41.76.060
41.76.065
41.76.070
41.76.075
41.76.080
41.76.085
41.76.900
41.76.901
41.76.902
Provisions relating to compensation—Restrictions.
Procedures for grievance arbitration—Subpoenas—Commission—Superior courts.
Exclusive bargaining representative—Union security provisions—Dues and fees.
Unfair labor practices.
Commission to prevent unfair labor practices—Scope—Remedies.
Rule making.
Strikes and lockouts prohibited—Violations—Remedies.
Certain contracts or agreements—Chapter 34.05 RCW does
not apply.
Retroactive accrual of benefits and salaries.
Existing agreements not affected.
Limitations on application of chapter.
Severability—2002 c 356.
Captions not law—2002 c 356.
Effective date—2002 c 356.
41.76.001
41.76.001 Findings—Declarations—Intent. The legislature finds and declares that:
(1) The people of the state of Washington have a fundamental interest in developing harmonious and cooperative
labor relations within the public four-year institutions of
higher education.
(2) Teachers in the public school system and instructors
in the community colleges in the state have been granted the
opportunity to bargain collectively. It is desirable to expand
the jurisdiction of the public employment relations commission to cover faculty in the state's public four-year institutions
of higher education.
(3) It is the purpose of this chapter to provide the means
by which relations between the boards of regents and trustees
of the public four-year institutions of higher education of the
state of Washington and their faculty may assure that the
responsibilities and authorities granted to these institutions
are carried out in an atmosphere that permits the fullest participation by faculty in determining the conditions of employment which affect them. It is the intent of the legislature to
accomplish this purpose by providing a uniform structure for
recognizing the right of faculty of the public four-year institutions of higher education to engage in collective bargaining
as provided in this chapter, if they should so choose.
(4) It is the further purpose of this chapter to provide
orderly and clearly defined procedures for collective bargaining and dispute resolution, and to define and prohibit certain
practices that are contrary to the public interest. [2002 c 356
§ 1.]
41.76.005
41.76.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Faculty governance system" means the internal
organization that serves as the faculty advisory body and is
charged with the responsibility for recommending policies,
regulations, and rules for the college or university.
(2) "Grievance arbitration" means a method to resolve
disputes arising out of interpretations or application of the
terms of an agreement under which the parties to a controversy must accept the decision of an impartial person or persons.
(3) "Collective bargaining" and "bargaining" mean the
performance of the mutual obligation of the representatives
of the employer and the exclusive bargaining representative
to meet at reasonable times to bargain in good faith in an
(2004 Ed.)
41.76.010
effort to reach agreement with respect to wages, hours, and
other terms and conditions of employment. A written contract
incorporating any agreements reached must be executed if
requested by either party. The obligation to bargain does not
compel either party to agree to a proposal or to make a concession.
In the event of a dispute between an employer and an
exclusive bargaining representative over the matters that are
terms and conditions of employment, the commission shall
decide which items are mandatory subjects for bargaining,
subject to RCW 41.76.010.
(4) "Commission" means the public employment relations commission established pursuant to RCW 41.58.010.
(5) "Faculty" means employees who, at a public fouryear institution of higher education, are designated with faculty status or who perform faculty duties as defined through
policies established by the faculty governance system,
excluding casual or temporary employees, administrators,
confidential employees, graduate student employees, postdoctoral and clinical employees, and employees subject to
chapter 41.06 or 41.56 RCW.
(6) "Employee organization" means any organization
that includes as its members faculty of the employer and that
has as one of its purposes representation of faculty under this
chapter. A faculty governance system is not an employee
organization as defined in this subsection.
(7) "Employer" means the board of regents or the board
of trustees of a public four-year institution of higher education.
(8) "Exclusive bargaining representative" means any
employee organization that has been determined by the commission to represent all of the faculty members of the bargaining unit as required in RCW 41.76.015.
(9) "Administrator" means deans, associate and assistant
deans, vice-provosts, vice-presidents, the provost, chancellors, vice-chancellors, the president, and faculty members
who exercise managerial or supervisory authority over other
faculty members.
(10) "Confidential employee" means (a) a person who
participates directly on behalf of an employer in the formulation of labor relations policy, the preparation for or conduct
of collective bargaining, or the administration of a collective
bargaining agreement, if the role of the person is not merely
routine or clerical in nature but calls for the consistent exercise of independent judgment; and (b) a person who assists
and acts in a confidential capacity to a person in (a) of this
subsection.
(11) "Bargaining unit" includes all faculty members of
all campuses of each of the colleges and universities. Only
one bargaining unit is allowable for faculty of each employer,
and that unit must contain all faculty members from all
schools, colleges, and campuses of the employer.
(12) "Public four-year institutions of higher education"
means the University of Washington, Washington State University, Eastern Washington University, Western Washington University, Central Washington University, and The
Evergreen State College. [2002 c 356 § 3.]
41.76.010
41.76.010 Scope of bargaining. (1) Prohibited subjects
of bargaining include but are not limited to the following:
[Title 41 RCW—page 333]
41.76.015
Title 41 RCW: Public Employment, Civil Service, and Pensions
(a) Consideration of the merits, necessity, or organization of any service, activity, or program established by law or
resolution of the employer, except for the terms and conditions of employment of faculty members who may be
affected by such service, activity, or program.
(b) The amount of any fees that are not a term or condition of employment.
(c) Admission requirements for students, conditions for
the award of certificates and degrees, and the content, methods, supervision, and evaluation of courses, curricula, and
research programs.
(2) Permissive subjects of bargaining include, but are not
limited to, criteria and standards to be used for the appointment, promotion, evaluation, and tenure of faculty.
(3) Nothing in this section shall be construed to limit the
right of the employer to consult with any employee on any
matter outside the scope of bargaining. [2002 c 356 § 4.]
41.76.015
41.76.015 Exclusive bargaining representatives—
Duty of representation. The employee organization which
has been determined by the commission to be the exclusive
bargaining representative of a bargaining unit shall be
required to represent all the faculty members within the bargaining unit without regard to membership in that employee
organization: PROVIDED, That any faculty member may at
any time present his or her complaints or concerns to the
employer and have such complaints or concerns adjusted
without intervention of the exclusive bargaining representative, as long as the exclusive bargaining representative has
been given an opportunity to be present at the adjustment and
to make its views known, and as long as the adjustment is not
inconsistent with the terms of a collective bargaining agreement then in effect. [2002 c 356 § 6.]
41.76.020
41.76.020 Exclusive bargaining representatives—
Procedures for certification—Challenges—Elections.
The commission shall certify exclusive bargaining representatives in accordance with the procedures specified in this
section.
(1) No question concerning representation may be raised
within one year following issuance of a certification under
this section.
(2) If there is a valid collective bargaining agreement in
effect, no question concerning representation may be raised
except during the period not more than ninety nor less than
sixty days prior to the expiration date of the agreement:
PROVIDED, That in the event a valid collective bargaining
agreement, together with any renewals or extensions thereof,
has been or will be in existence for more than three years,
then a question concerning representation may be raised not
more than ninety nor less than sixty days prior to the third
anniversary date or any subsequent anniversary date of the
agreement; and if the exclusive bargaining representative is
removed as the result of such procedure, the collective bargaining agreement shall be deemed to be terminated as of the
date of the certification or the anniversary date following the
filing of the petition, whichever is later.
(3) An employee organization seeking certification as
exclusive bargaining representative of a bargaining unit, or
faculty members seeking decertification of their exclusive
[Title 41 RCW—page 334]
bargaining representative, must make a confidential showing
to the commission of credible evidence demonstrating that at
least thirty percent of the faculty in the bargaining unit are in
support of the petition. The petition must indicate the name,
address, and telephone number of any employee organization
known to claim an interest in the bargaining unit.
(4) A petition filed by an employer must be supported by
credible evidence demonstrating the good faith basis on
which the employer claims the existence of a question concerning the representation of its faculty.
(5) Any employee organization which makes a confidential showing to the commission of credible evidence demonstrating that it has the support of at least ten percent of the
faculty in the bargaining unit involved is entitled to intervene
in proceedings under this section and to have its name listed
as a choice on the ballot in an election conducted by the commission.
(6) The commission shall determine any question concerning representation by conducting a secret ballot election
among the faculty members in the bargaining unit, except
under the following circumstances:
(a) If only one employee organization is seeking certification as exclusive bargaining representative of a bargaining
unit for which there is no incumbent exclusive bargaining
representative, the commission may, upon the concurrence of
the employer and the employee organization, determine the
question concerning representation by conducting a crosscheck comparing the employee organization's membership
records or bargaining authorization cards against the employment records of the employer; or
(b) If the commission determines that a serious unfair
labor practice has been committed which interfered with the
election process and precludes the holding of a fair election,
the commission may determine the question concerning representation by conducting a cross-check comparing the
employee organization's membership records or bargaining
authorization cards against the employment records of the
employer.
(7) The representation election ballot must contain a
choice for each employee organization qualifying under subsection (3) or (5) of this section, together with a choice for no
representation. The representation election shall be determined by the majority of the valid ballots cast. If there are
three or more choices on the ballot and none of the three or
more choices receives a majority of the valid ballots cast, a
runoff election shall be conducted between the two choices
receiving the highest and second highest numbers of votes.
(8) The commission shall certify as the exclusive bargaining representative the employee organization that has
been determined to represent a majority of faculty members
in a bargaining unit. [2002 c 356 § 7.]
41.76.025
41.76.025 Bargaining unit determination—Hearings.
In any dispute concerning membership in the bargaining unit
or the allocation of employees or positions to a bargaining
unit, the commission, after a hearing or hearings, shall determine the dispute. [2002 c 356 § 8.]
41.76.030
41.76.030 Settlement of unresolved matters—Role of
commission—Mediation—Other procedures autho(2004 Ed.)
Public Four-Year Institutions of Higher Education—Faculty Labor Relations
rized. (1) The commission shall conduct mediation activities
upon the request of either party as a means of assisting in the
settlement of unresolved matters considered under this chapter.
(2) If any matter being jointly considered by the exclusive bargaining representative and the board of regents or
trustees is not settled by the means provided in this chapter,
either party may request the assistance and advice of the commission. Nothing in this section prohibits an employer and an
employee organization from agreeing to substitute, at their
own expense, some other impasse procedure or other means
of resolving matters considered under this chapter. [2002 c
356 § 9.]
41.76.035
41.76.035 Provisions relating to compensation—
Restrictions. (1) Except as provided in subsection (2) of this
section, provisions of collective bargaining agreements relating to compensation shall not exceed the amount or percentage established by the legislature in the appropriations act. If
any compensation provision is affected by subsequent modification of the appropriations act by the legislature, both parties shall immediately enter into collective bargaining for the
sole purpose of arriving at a mutually agreed upon replacement for the affected provision.
(2) An employer may provide additional compensation
to faculty that exceeds that provided by the legislature. [2002
c 356 § 10.]
41.76.040
41.76.040 Procedures for grievance arbitration—
Subpoenas—Commission—Superior courts. A collective
bargaining agreement negotiated under this chapter may
include procedures for final and binding grievance arbitration
of the disputes arising about the interpretation or application
of the agreement.
(1) The parties to a collective bargaining agreement may
agree on one or more permanent umpires to serve as arbitrator, or may agree on any impartial person to serve as arbitrator, or may agree to select arbitrators from any source available to them, including federal and private agencies, in addition to the staff and dispute resolution panel maintained by
the commission.
(2) An arbitrator may require any person to attend as a
witness, and to bring with him or her any book, record, document, or other evidence. Subpoenas shall issue and be signed
by the arbitrator and shall be served in the same manner as
subpoenas to testify before a court of record in this state. The
fees for such attendance shall be paid by the party requesting
issuance of the subpoena and shall be the same as the fees of
witnesses in the superior court. If any person so summoned to
testify refuses or neglects to obey such subpoena, upon petition authorized by the arbitrator, the superior court may compel the attendance of such person before the arbitrator, or
punish the person for contempt in the same manner provided
for the attendance of witnesses or the punishment of them in
the courts of this state.
(3) The arbitrator shall appoint a time and place for the
hearing and notify the parties thereof, and may adjourn the
hearing from time to time as may be necessary, and, on application of either party and for good cause, may postpone the
hearing to a time not extending beyond a date fixed by the
(2004 Ed.)
41.76.045
collective bargaining agreement for making the award. The
arbitrator has the power to administer oaths. The arbitration
award shall be in writing and signed by the arbitrator or a
majority of the members of the arbitration panel. The arbitrator shall, promptly upon its rendition, serve a true copy of the
award on each of the parties or their attorneys.
(4) If a party to a collective bargaining agreement negotiated under this chapter refuses to submit a grievance for
arbitration, the other party to the collective bargaining agreement may invoke the jurisdiction of the superior court for any
county in which the labor dispute exists, and such court has
jurisdiction to issue an order compelling arbitration. The
commission, on its own motion, may invoke the jurisdiction
of the superior court where a strike or lockout is in existence.
Arbitration shall be ordered if the grievance states a claim
which on its face is covered by the collective bargaining
agreement, and doubts as to the coverage of the arbitration
clause shall be resolved in favor of arbitration. Disputes concerning compliance with grievance procedures shall be
reserved for determination by the arbitrator.
(5) If a party to a collective bargaining agreement negotiated under this chapter refuses to comply with the award of
an arbitrator determining a grievance arising under such collective bargaining agreement, the other party to the collective
bargaining agreement, or any affected employee, may invoke
the jurisdiction of the superior court for any county in which
the labor dispute exists, and such court has jurisdiction to
issue an order enforcing the arbitration award. The commission, on its own motion, may invoke the jurisdiction of the
superior court where a strike or lockout is in existence. The
court shall not substitute its judgment for that of the arbitrator
and shall enforce any arbitration award which is based on the
collective bargaining agreement, except that an arbitration
award shall not be enforced and a new arbitration proceeding
may be ordered:
(a) If the arbitration award was procured by corruption,
fraud, or undue means;
(b) If there was evident partiality or corruption in the
arbitrator or arbitrators;
(c) If the arbitrator or arbitrators were guilty of misconduct, in refusing to postpone a hearing upon sufficient cause
shown, or in refusing to hear evidence pertinent and material
to the controversy, or of any other misbehavior by which the
rights of any party have been prejudiced; or
(d) If the arbitrator or arbitrators have exceeded their
powers, or so imperfectly executed them that a final and definite award on the subject matter was not made, in which
event the court also has discretion to remand the matter to the
arbitrator or arbitrators who issued the defective award.
[2002 c 356 § 11.]
41.76.045 Exclusive bargaining representative—
Union security provisions—Dues and fees. (1) Upon filing
with the employer the voluntary written authorization of a
bargaining unit faculty member under this chapter, the
employee organization which is the exclusive bargaining representative of the bargaining unit shall have the right to have
deducted from the salary of the bargaining unit faculty member the periodic dues and initiation fees uniformly required as
a condition of acquiring or retaining membership in the
exclusive bargaining representative. Such employee authori41.76.045
[Title 41 RCW—page 335]
41.76.050
Title 41 RCW: Public Employment, Civil Service, and Pensions
zation shall not be irrevocable for a period of more than one
year. Such dues and fees shall be deducted from the pay of all
faculty members who have given authorization for such
deduction, and shall be transmitted by the employer to the
employee organization or to the depository designated by the
employee organization.
(2) A collective bargaining agreement may include
union security provisions, but not a closed shop. If an agency
shop or other union security provision is agreed to, the
employer shall enforce any such provision by deductions
from the salary of bargaining unit faculty members affected
thereby and shall transmit such funds to the employee organization or to the depository designated by the employee organization.
(3) A faculty member who is covered by a union security
provision and who asserts a right of nonassociation based on
bona fide religious tenets or teachings of a church or religious
body of which such faculty member is a member shall pay to
a nonreligious charity or other charitable organization an
amount of money equivalent to the periodic dues and initiation fees uniformly required as a condition of acquiring or
retaining membership in the exclusive bargaining representative. The charity shall be agreed upon by the faculty member
and the employee organization to which such faculty member
would otherwise pay the dues and fees. The faculty member
shall furnish written proof that such payments have been
made. If the faculty member and the employee organization
do not reach agreement on such matter, the dispute shall be
submitted to the commission for determination. [2002 c 356
§ 12.]
41.76.050 Unfair labor practices. (1) It is an unfair
labor practice for an employer to:
(a) Interfere with, restrain, or coerce faculty members in
the exercise of the rights guaranteed by this chapter;
(b) Dominate or interfere with the formation or administration of any employee organization or contribute financial
or other support to it: PROVIDED, That subject to rules
adopted by the commission, an employer is not prohibited
from permitting faculty members to confer with it or its representatives or agents during working hours without loss of
time or pay;
(c) Encourage or discourage membership in any
employee organization by discrimination in regard to hire,
tenure of employment, or any term or condition of employment;
(d) Discharge or discriminate otherwise against a faculty
member because that faculty member has filed charges or
given testimony under this chapter;
(e) Refuse to bargain collectively with the exclusive bargaining representative of its faculty.
(2) It is an unfair labor practice for an employee organization to:
(a) Restrain or coerce a faculty member in the exercise of
the rights guaranteed by this chapter: PROVIDED, That this
subsection does not impair the rights of (i) an employee organization to prescribe its own rules with respect to the acquisition or retention of membership in the employee organization
or (ii) to the rights of an employer in the selection of its representatives for the purpose of bargaining or the adjustment
of grievances;
41.76.050
[Title 41 RCW—page 336]
(b) Cause or attempt to cause an employer to discriminate against a faculty member in violation of subsection
(1)(c) of this section;
(c) Discriminate against a faculty member because that
faculty member has filed charges or given testimony under
this chapter;
(d) Refuse to bargain collectively with an employer.
(3) The expressing of any view, arguments, or opinion,
or the dissemination thereof to the public, whether in written,
printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under this chapter, if such
expression contains no threat of reprisal or force or promise
of benefit. [2002 c 356 § 13.]
41.76.055
41.76.055 Commission to prevent unfair labor practices—Scope—Remedies. (1) The commission is empowered to prevent any person from engaging in any unfair labor
practice as defined in RCW 41.76.050: PROVIDED, That a
complaint shall not be processed for any unfair labor practice
occurring more than six months before the filing of the complaint with the commission. This power shall not be affected
by any other means of adjustment or prevention that has been
or may be established by agreement, law, equity or otherwise.
(2) If the commission determines that any person has
engaged in or is engaging in any such unfair labor practice as
defined in RCW 41.76.050, then the commission shall issue
and cause to be served upon such person an order requiring
such person to cease and desist from such unfair labor practice, and to take such affirmative action as will effectuate the
purposes and policy of this chapter, such as the payment of
damages and/or the reinstatement of faculty members.
(3) The commission may petition the superior court for
the county in which the main office of the employer is located
or wherein the person who has engaged or is engaging in such
unfair labor practice resides or transacts business, for the
enforcement of its order and for appropriate temporary relief.
[2002 c 356 § 14.]
41.76.060
41.76.060 Rule making. The commission is authorized
from time to time to make, amend, and rescind, in the manner
prescribed by the administrative procedure act, chapter 34.05
RCW, such rules and regulations as may be necessary to
carry out the provisions of this chapter. [2002 c 356 § 15.]
41.76.065
41.76.065 Strikes and lockouts prohibited—Violations—Remedies. The right of faculty to engage in any
strike is prohibited. The right of a board of regents or trustees
to engage in any lockout is prohibited. Should either a strike
or lockout occur, the representative of the faculty or board of
regents or trustees may invoke the jurisdiction of the superior
court in the county in which the labor dispute exists, and such
court has jurisdiction to issue an appropriate order against
either or both parties. In fashioning an order, the court shall
take into consideration not only the elements necessary for
injunctive relief but also the purpose and goals of this chapter
and any mitigating factors such as the commission of an
unfair labor practice by either party. [2002 c 356 § 16.]
41.76.070
41.76.070 Certain contracts or agreements—Chapter 34.05 RCW does not apply. Contracts or agreements, or
(2004 Ed.)
State Collective Bargaining
any provision thereof, entered into between boards of regents
or trustees and exclusive bargaining representatives pursuant
to this chapter are not affected by or subject to chapter 34.05
RCW. [2002 c 356 § 17.]
41.80.100
41.80.110
41.80.120
41.80.130
41.80.140
41.76.075
41.76.075 Retroactive accrual of benefits and salaries. Whenever a collective bargaining agreement between
an employer and an exclusive bargaining representative is
concluded after the termination date of the previous collective bargaining agreement between the same parties, the
effective date of the collective bargaining agreement may be
the day after the termination date of the previous collective
bargaining agreement, and all benefits included in the new
collective bargaining agreement, including wage or salary
increases, may accrue beginning with the effective date as
established by this section. [2002 c 356 § 19.]
41.80.900
41.80.901
41.80.902
41.80.903
41.80.904
41.80.905
41.80.906
41.80.907
41.80.908
41.80.909
41.80.910
41.80.005
Union security—Fees and dues—Right of nonassociation.
Unfair labor practices enumerated.
Unfair labor practice procedures—Powers and duties of commission.
Enforcement of collective bargaining agreements—Arbitrators—Subpoenas—Superior court.
Office of financial management's labor relations service
account—Created.
Powers, duties, and functions pertaining to collective bargaining—Transferred to public employment relations commission—Exceptions.
Transfer of assets—Appropriations.
Schedule for transfer of employees and property.
Pending business to be continued and acted upon.
Validity of actions not affected.
Apportionment of funds.
Payroll-related bargaining issues—Central state payroll system.
Short title—2002 c 354.
Headings, captions not law—2002 c 354.
Severability—2002 c 354.
Effective dates—2002 c 354.
41.76.080
41.76.080 Existing agreements not affected. Nothing
in this chapter shall be construed to annul, modify, or preclude the renewal or continuation of any lawful agreement
entered into before October 1, 2002, between an employer
and an employee organization covering wages, hours, and
terms and conditions of employment. [2002 c 356 § 20.]
41.76.085
41.76.085 Limitations on application of chapter.
Except as otherwise expressly provided in this chapter, this
chapter shall not be construed to deny or otherwise abridge
any rights, privileges, or benefits granted by law to employees. This chapter shall not be construed to interfere with the
responsibilities and rights of the board of regents or board of
trustees as specified by federal and state law. [2002 c 356 §
21.]
41.76.900
41.76.900 Severability—2002 c 356. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2002 c 356 § 18.]
41.76.901
41.76.901 Captions not law—2002 c 356. Section captions used in this act are not any part of the law. [2002 c 356
§ 22.]
41.76.902
41.76.902 Effective date—2002 c 356. This act takes
effect October 1, 2002. [2002 c 356 § 23.]
Chapter 41.80
Chapter 41.80 RCW
STATE COLLECTIVE BARGAINING
Sections
41.80.001
41.80.005
41.80.010
41.80.020
41.80.030
41.80.040
41.80.050
41.80.060
41.80.070
41.80.080
41.80.090
(2004 Ed.)
Application of chapter.
Definitions.
Negotiation and ratification of collective bargaining agreements.
Scope of bargaining.
Contents of collective bargaining agreements—Execution.
Management rights—Not subject to bargaining.
Rights of employees.
Right to strike not granted.
Bargaining units—Certification.
Representation—Elections—Rules.
Failure to reach agreement—Third party involvement—Expiration of agreements during negotiation.
41.80.001
41.80.001 Application of chapter. Collective bargaining negotiations under this chapter shall commence no later
than July 1, 2004. A collective bargaining agreement entered
into under this chapter shall not be effective prior to July 1,
2005. However, any collective bargaining agreement entered
into before July 1, 2004, covering employees affected by this
section and RCW 41.80.010 through 41.80.130, that expires
after July 1, 2004, shall, unless a superseding agreement
complying with this section and RCW 41.80.010 through
41.80.130 is negotiated by the parties, remain in full force
during its duration, but the agreement may not be renewed or
extended beyond July 1, 2005, or until superseded by a collective bargaining agreement entered into under this section
and RCW 41.80.010 through 41.80.130, whichever is later.
The duration of any collective bargaining agreement under
this chapter shall not exceed one fiscal biennium. [2002 c
354 § 301.]
41.80.005
41.80.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agency" means any agency as defined in RCW
41.06.020 and covered by chapter 41.06 RCW.
(2) "Collective bargaining" means the performance of
the mutual obligation of the representatives of the employer
and the exclusive bargaining representative to meet at reasonable times and to bargain in good faith in an effort to reach
agreement with respect to the subjects of bargaining specified
under RCW 41.80.020. The obligation to bargain does not
compel either party to agree to a proposal or to make a concession, except as otherwise provided in this chapter.
(3) "Commission" means the public employment relations commission.
(4) "Confidential employee" means an employee who, in
the regular course of his or her duties, assists in a confidential
capacity persons who formulate, determine, and effectuate
management policies with regard to labor relations or who, in
the regular course of his or her duties, has authorized access
to information relating to the effectuation or review of the
employer's collective bargaining policies, or who assists or
aids a manager. "Confidential employee" also includes
employees who assist assistant attorneys general who advise
and represent managers or confidential employees in person[Title 41 RCW—page 337]
41.80.010
Title 41 RCW: Public Employment, Civil Service, and Pensions
nel or labor relations matters, or who advise or represent the
state in tort actions.
(5) "Director" means the director of the public employment relations commission.
(6) "Employee" means any employee, including employees whose work has ceased in connection with the pursuit of
lawful activities protected by this chapter, covered by chapter
41.06 RCW, except:
(a) Employees covered for collective bargaining by
chapter 41.56 RCW;
(b) Confidential employees;
(c) Members of the Washington management service;
(d) Internal auditors in any agency; or
(e) Any employee of the commission, the office of financial management, or the department of personnel.
(7) "Employee organization" means any organization,
union, or association in which employees participate and that
exists for the purpose, in whole or in part, of collective bargaining with employers.
(8) "Employer" means the state of Washington.
(9) "Exclusive bargaining representative" means any
employee organization that has been certified under this
chapter as the representative of the employees in an appropriate bargaining unit.
(10) "Institutions of higher education" means the University of Washington, Washington State University, Central
Washington University, Eastern Washington University,
Western Washington University, The Evergreen State College, and the various state community colleges.
(11) "Labor dispute" means any controversy concerning
terms, tenure, or conditions of employment, or concerning
the association or representation of persons in negotiating,
fixing, maintaining, changing, or seeking to arrange terms or
conditions of employment with respect to the subjects of bargaining provided in this chapter, regardless of whether the
disputants stand in the proximate relation of employer and
employee.
(12) "Manager" means "manager" as defined in RCW
41.06.022.
(13) "Supervisor" means an employee who has authority,
in the interest of the employer, to hire, transfer, suspend, lay
off, recall, promote, discharge, direct, reward, or discipline
employees, or to adjust employee grievances, or effectively
to recommend such action, if the exercise of the authority is
not of a merely routine nature but requires the consistent
exercise of individual judgment. However, no employee who
is a member of the Washington management service may be
included in a collective bargaining unit established under this
section.
(14) "Unfair labor practice" means any unfair labor practice listed in RCW 41.80.110. [2002 c 354 § 321.]
41.80.010 Negotiation and ratification of collective
bargaining agreements. (1) For the purpose of negotiating
collective bargaining agreements under this chapter, the
employer shall be represented by the governor or governor's
designee, except as provided for institutions of higher education in subsection (4) of this section.
(2)(a) If an exclusive bargaining representative represents more than one bargaining unit, the exclusive bargaining
representative shall negotiate with each employer representa41.80.010
[Title 41 RCW—page 338]
tive as designated in subsection (1) of this section one master
collective bargaining agreement on behalf of all the employees in bargaining units that the exclusive bargaining representative represents. For those exclusive bargaining representatives who represent fewer than a total of five hundred
employees each, negotiation shall be by a coalition of all
those exclusive bargaining representatives. The coalition
shall bargain for a master collective bargaining agreement
covering all of the employees represented by the coalition.
The governor's designee and the exclusive bargaining representative or representatives are authorized to enter into supplemental bargaining of agency-specific issues for inclusion
in or as an addendum to the master collective bargaining
agreement, subject to the parties' agreement regarding the
issues and procedures for supplemental bargaining. This section does not prohibit cooperation and coordination of bargaining between two or more exclusive bargaining representatives.
(b) This subsection (2) does not apply to exclusive bargaining representatives who represent employees of institutions of higher education, except when the institution of
higher education has elected to exercise its option under subsection (4) of this section to have its negotiations conducted
by the governor or governor's designee under the procedures
provided for general government agencies in subsections (1)
through (3) of this section.
(c) If five hundred or more employees of an independent
state elected official listed in RCW 43.01.010 are organized
in a bargaining unit or bargaining units under RCW
41.80.070, the official shall be consulted by the governor or
the governor's designee before any agreement is reached
under (a) of this subsection concerning supplemental bargaining of agency specific issues affecting the employees in
such bargaining unit.
(3) The governor shall submit a request for funds necessary to implement the compensation and fringe benefit provisions in the master collective bargaining agreement or for
legislation necessary to implement the agreement. Requests
for funds necessary to implement the provisions of bargaining agreements shall not be submitted to the legislature by the
governor unless such requests:
(a) Have been submitted to the director of the office of
financial management by October 1 prior to the legislative
session at which the requests are to be considered; and
(b) Have been certified by the director of the office of
financial management as being feasible financially for the
state.
The legislature shall approve or reject the submission of
the request for funds as a whole. The legislature shall not consider a request for funds to implement a collective bargaining
agreement unless the request is transmitted to the legislature
as part of the governor's budget document submitted under
RCW 43.88.030 and 43.88.060. If the legislature rejects or
fails to act on the submission, either party may reopen all or
part of the agreement or the exclusive bargaining representative may seek to implement the procedures provided for in
RCW 41.80.090.
(4) For the purpose of negotiating agreements for institutions of higher education, the employer shall be the respective governing board of each of the universities, colleges, or
community and technical colleges or a designee chosen by
(2004 Ed.)
State Collective Bargaining
the board to negotiate on its behalf. A governing board may
elect to have its negotiations conducted by the governor or
governor's designee under the procedures provided for general government agencies in subsections (1), (2), and (3) of
this section. Prior to entering into negotiations under this
chapter, the institutions of higher education or their designees
shall consult with the director of the office of financial management regarding financial and budgetary issues that are
likely to arise in the impending negotiations. If appropriations are necessary to implement the compensation and fringe
benefit provisions of the bargaining agreements reached
between institutions of higher education and exclusive bargaining representatives agreed to under the provisions of this
chapter, the governor shall submit a request for such funds to
the legislature according to the provisions of subsection (3)
of this section.
(5) There is hereby created a joint committee on employment relations, which consists of two members with leadership positions in the house of representatives, representing
each of the two largest caucuses; the chair and ranking minority member of the house appropriations committee, or its successor, representing each of the two largest caucuses; two
members with leadership positions in the senate, representing
each of the two largest caucuses; and the chair and ranking
minority member of the senate ways and means committee,
or its successor, representing each of the two largest caucuses. The governor shall periodically consult with the committee regarding appropriations necessary to implement the
compensation and fringe benefit provisions in the master collective bargaining agreements, and upon completion of negotiations, advise the committee on the elements of the agreements and on any legislation necessary to implement the
agreements.
(6) If, after the compensation and fringe benefit provisions of an agreement are approved by the legislature, a significant revenue shortfall occurs resulting in reduced appropriations, as declared by proclamation of the governor or by
resolution of the legislature, both parties shall immediately
enter into collective bargaining for a mutually agreed upon
modification of the agreement.
(7) After the expiration date of a collective bargaining
agreement negotiated under this chapter, all of the terms and
conditions specified in the collective bargaining agreement
remain in effect until the effective date of a subsequently
negotiated agreement, not to exceed one year from the expiration date stated in the agreement. Thereafter, the employer
may unilaterally implement according to law. [2002 c 354 §
302.]
41.80.020
41.80.020 Scope of bargaining. (1) Except as otherwise provided in this chapter, the matters subject to bargaining include wages, hours, and other terms and conditions of
employment, and the negotiation of any question arising
under a collective bargaining agreement.
(2) The employer is not required to bargain over matters
pertaining to:
(a) Health care benefits or other employee insurance
benefits, except as required in subsection (3) of this section;
(b) Any retirement system or retirement benefit; or
(2004 Ed.)
41.80.030
(c) Rules of the director of personnel or the Washington
personnel resources board adopted under section 203, chapter
354, Laws of 2002.
(3) Matters subject to bargaining include the number of
names to be certified for vacancies, promotional preferences,
and the dollar amount expended on behalf of each employee
for health care benefits. However, except as provided otherwise in this subsection for institutions of higher education,
negotiations regarding the number of names to be certified
for vacancies, promotional preferences, and the dollar
amount expended on behalf of each employee for health care
benefits shall be conducted between the employer and one
coalition of all the exclusive bargaining representatives subject to this chapter. Any such provision agreed to by the
employer and the coalition shall be included in all master collective bargaining agreements negotiated by the parties. For
institutions of higher education, promotional preferences and
the number of names to be certified for vacancies shall be
bargained under the provisions of RCW 41.80.010(4).
(4) The employer and the exclusive bargaining representative shall not agree to any proposal that would prevent the
implementation of approved affirmative action plans or that
would be inconsistent with the comparable worth agreement
that provided the basis for the salary changes implemented
beginning with the 1983-1985 biennium to achieve comparable worth.
(5) The employer and the exclusive bargaining representative shall not bargain over matters pertaining to management rights established in RCW 41.80.040.
(6) Except as otherwise provided in this chapter, if a conflict exists between an executive order, administrative rule, or
agency policy relating to wages, hours, and terms and conditions of employment and a collective bargaining agreement
negotiated under this chapter, the collective bargaining
agreement shall prevail. A provision of a collective bargaining agreement that conflicts with the terms of a statute is
invalid and unenforceable.
(7) This section does not prohibit bargaining that affects
contracts authorized by RCW 41.06.142. [2002 c 354 § 303.]
41.80.030
41.80.030 Contents of collective bargaining agreements—Execution. (1) The parties to a collective bargaining agreement shall reduce the agreement to writing and both
shall execute it.
(2) A collective bargaining agreement shall contain provisions that:
(a) Provide for a grievance procedure that culminates
with final and binding arbitration of all disputes arising over
the interpretation or application of the collective bargaining
agreement and that is valid and enforceable under its terms
when entered into in accordance with this chapter; and
(b) Require processing of disciplinary actions or terminations of employment of employees covered by the collective bargaining agreement entirely under the procedures of
the collective bargaining agreement. Any employee, when
fully reinstated, shall be guaranteed all employee rights and
benefits, including back pay, sick leave, vacation accrual, and
retirement and federal old age, survivors, and disability insurance act credits, but without back pay for any period of suspension.
[Title 41 RCW—page 339]
41.80.040
Title 41 RCW: Public Employment, Civil Service, and Pensions
(3)(a) If a collective bargaining agreement between an
employer and an exclusive bargaining representative is concluded after the termination date of the previous collective
bargaining agreement between the employer and an
employee organization representing the same bargaining
units, the effective date of the collective bargaining agreement may be the day after the termination of the previous collective bargaining agreement, and all benefits included in the
new collective bargaining agreement, including wage or salary increases, may accrue beginning with that effective date.
(b) If a collective bargaining agreement between an
employer and an exclusive bargaining representative is concluded after the termination date of the previous collective
bargaining agreement between the employer and the exclusive bargaining representative representing different bargaining units, the effective date of the collective bargaining
agreement may be the day after the termination date of
whichever previous collective bargaining agreement covering one or more of the units terminated first, and all benefits
included in the new collective bargaining agreement, including wage or salary increases, may accrue beginning with that
effective date. [2002 c 354 § 304.]
41.80.040
41.80.040 Management rights—Not subject to bargaining. The employer shall not bargain over rights of management which, in addition to all powers, duties, and rights
established by constitutional provision or statute, shall
include but not be limited to the following:
(1) The functions and programs of the employer, the use
of technology, and the structure of the organization;
(2) The employer's budget and the size of the agency
work force, including determining the financial basis for layoffs;
(3) The right to direct and supervise employees;
(4) The right to take whatever actions are deemed necessary to carry out the mission of the state and its agencies during emergencies; and
(5) Retirement plans and retirement benefits. [2002 c
354 § 305.]
41.80.050
41.80.050 Rights of employees. Except as may be specifically limited by this chapter, employees shall have the
right to self-organization, to form, join, or assist employee
organizations, and to bargain collectively through representatives of their own choosing for the purpose of collective bargaining free from interference, restraint, or coercion.
Employees shall also have the right to refrain from any or all
such activities except to the extent that they may be required
to pay a fee to an exclusive bargaining representative under a
union security provision authorized by this chapter. [2002 c
354 § 306.]
41.80.060
41.80.060 Right to strike not granted. Nothing contained in chapter 354, Laws of 2002 permits or grants to any
employee the right to strike or refuse to perform his or her
official duties. [2002 c 354 § 307.]
41.80.070
41.80.070 Bargaining units—Certification. (1) A bargaining unit of employees covered by this chapter existing on
June 13, 2002, shall be considered an appropriate unit, unless
[Title 41 RCW—page 340]
the unit does not meet the requirements of (a) and (b) of this
subsection. The commission, after hearing upon reasonable
notice to all interested parties, shall decide, in each application for certification as an exclusive bargaining representative, the unit appropriate for certification. In determining the
new units or modifications of existing units, the commission
shall consider: The duties, skills, and working conditions of
the employees; the history of collective bargaining; the extent
of organization among the employees; the desires of the
employees; and the avoidance of excessive fragmentation.
However, a unit is not appropriate if it includes:
(a) Both supervisors and nonsupervisory employees. A
unit that includes only supervisors may be considered appropriate if a majority of the supervisory employees indicates by
vote that they desire to be included in such a unit; or
(b) More than one institution of higher education. For the
purposes of this section, any branch or regional campus of an
institution of higher education is part of that institution of
higher education.
(2) The exclusive bargaining representatives certified to
represent the bargaining units existing on June 13, 2002, shall
continue as the exclusive bargaining representative without
the necessity of an election.
(3) If a single employee organization is the exclusive
bargaining representative for two or more units, upon petition
by the employee organization, the units may be consolidated
into a single larger unit if the commission considers the larger
unit to be appropriate. If consolidation is appropriate, the
commission shall certify the employee organization as the
exclusive bargaining representative of the new unit. [2002 c
354 § 308.]
41.80.080
41.80.080 Representation—Elections—Rules. (1)
The commission shall determine all questions pertaining to
representation and shall administer all elections and be
responsible for the processing and adjudication of all disputes
that arise as a consequence of elections. The commission
shall adopt rules that provide for at least the following:
(a) Secret balloting;
(b) Consulting with employee organizations;
(c) Access to lists of employees, job classification, work
locations, and home mailing addresses;
(d) Absentee voting;
(e) Procedures for the greatest possible participation in
voting;
(f) Campaigning on the employer's property during
working hours; and
(g) Election observers.
(2)(a) If an employee organization has been certified as
the exclusive bargaining representative of the employees of a
bargaining unit, the employee organization may act for and
negotiate master collective bargaining agreements that will
include within the coverage of the agreement all employees
in the bargaining unit as provided in RCW 41.80.010(2)(a).
However, if a master collective bargaining agreement is in
effect for the exclusive bargaining representative, it shall
apply to the bargaining unit for which the certification has
been issued. Nothing in this section requires the parties to
engage in new negotiations during the term of that agreement.
(2004 Ed.)
State Collective Bargaining
(b) This subsection (2) does not apply to exclusive bargaining representatives who represent employees of institutions of higher education.
(3) The certified exclusive bargaining representative
shall be responsible for representing the interests of all the
employees in the bargaining unit. This section shall not be
construed to limit an exclusive representative's right to exercise its discretion to refuse to process grievances of employees that are unmeritorious.
(4) No question concerning representation may be raised
if:
(a) Fewer than twelve months have elapsed since the last
certification or election; or
(b) A valid collective bargaining agreement exists covering the unit, except for that period of no more than one hundred twenty calendar days nor less than ninety calendar days
before the expiration of the contract. [2002 c 354 § 309.]
41.80.090
41.80.090 Failure to reach agreement—Third party
involvement—Expiration of agreements during negotiation. Should the parties fail to reach agreement in negotiating a collective bargaining agreement, either party may
request of the commission the assistance of an impartial third
party to mediate the negotiations.
If a collective bargaining agreement previously negotiated under this chapter should expire while negotiations are
underway, the terms and conditions specified in the collective
bargaining agreement shall remain in effect for a period not
to exceed one year from the expiration date stated in the
agreement. Thereafter, the employer may unilaterally implement according to law.
If resolution is not reached through mediation by one
hundred days beyond the expiration date of a contract previously negotiated under this chapter, or one hundred days
from the initiation of mediated negotiations if no such contract exists, an independent fact-finder shall be appointed by
the commission.
The fact-finder shall meet with the parties or their representatives, or both, and make inquiries and investigations,
hold hearings, and take such other steps as may be appropriate. If the dispute is not settled, the fact-finder shall make
findings of fact and recommend terms of settlement within
thirty days.
Such recommendations, together with the findings of
fact, shall be submitted in writing to the parties and the commission privately before they are made public. The commission, the fact-finder, the employer, or the exclusive bargaining representative may make such findings and recommendations public if the dispute is not settled within ten working
days after their receipt from the fact-finder.
Nothing in this section shall be construed to prohibit an
employer and an exclusive bargaining representative from
agreeing to substitute, at their own expense, their own procedure for resolving impasses in collective bargaining for that
provided in this section or from agreeing to utilize for the
purposes of this section any other governmental or other
agency or person in lieu of the commission.
Costs for mediator services shall be borne by the commission, and costs for fact-finding shall be borne equally by
the negotiating parties. [2002 c 354 § 310.]
(2004 Ed.)
41.80.110
41.80.100
41.80.100 Union security—Fees and dues—Right of
nonassociation. (1) A collective bargaining agreement may
contain a union security provision requiring as a condition of
employment the payment, no later than the thirtieth day following the beginning of employment or July 1, 2004, whichever is later, of an agency shop fee to the employee organization that is the exclusive bargaining representative for the
bargaining unit in which the employee is employed. The
amount of the fee shall be equal to the amount required to
become a member in good standing of the employee organization. Each employee organization shall establish a procedure by which any employee so requesting may pay a representation fee no greater than the part of the membership fee
that represents a pro rata share of expenditures for purposes
germane to the collective bargaining process, to contract
administration, or to pursuing matters affecting wages, hours,
and other conditions of employment.
(2) An employee who is covered by a union security provision and who asserts a right of nonassociation based on
bona fide religious tenets, or teachings of a church or religious body of which the employee is a member, shall, as a
condition of employment, make payments to the employee
organization, for purposes within the program of the
employee organization as designated by the employee that
would be in harmony with his or her individual conscience.
The amount of the payments shall be equal to the periodic
dues and fees uniformly required as a condition of acquiring
or retaining membership in the employee organization minus
any included monthly premiums for insurance programs
sponsored by the employee organization. The employee shall
not be a member of the employee organization but is entitled
to all the representation rights of a member of the employee
organization.
(3) Upon filing with the employer the written authorization of a bargaining unit employee under this chapter, the
employee organization that is the exclusive bargaining representative of the bargaining unit shall have the exclusive right
to have deducted from the salary of the employee an amount
equal to the fees and dues uniformly required as a condition
of acquiring or retaining membership in the employee organization. The fees and dues shall be deducted each pay period
from the pay of all employees who have given authorization
for the deduction and shall be transmitted by the employer as
provided for by agreement between the employer and the
employee organization.
(4) Employee organizations that before July 1, 2004,
were entitled to the benefits of this section shall continue to
be entitled to these benefits. [2002 c 354 § 311.]
41.80.110
41.80.110 Unfair labor practices enumerated. (1) It is
an unfair labor practice for an employer:
(a) To interfere with, restrain, or coerce employees in the
exercise of the rights guaranteed by this chapter;
(b) To dominate or interfere with the formation or
administration of any employee organization or contribute
financial or other support to it: PROVIDED, That subject to
rules adopted by the commission, an employer shall not be
prohibited from permitting employees to confer with it or its
representatives or agents during working hours without loss
of time or pay;
[Title 41 RCW—page 341]
41.80.120
Title 41 RCW: Public Employment, Civil Service, and Pensions
(c) To encourage or discourage membership in any
employee organization by discrimination in regard to hire,
tenure of employment, or any term or condition of employment;
(d) To discharge or discriminate otherwise against an
employee because that employee has filed charges or given
testimony under this chapter;
(e) To refuse to bargain collectively with the representatives of its employees.
(2) It is an unfair labor practice for an employee organization:
(a) To restrain or coerce an employee in the exercise of
the rights guaranteed by this chapter: PROVIDED, That this
subsection shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership in the employee organization
or to an employer in the selection of its representatives for the
purpose of bargaining or the adjustment of grievances;
(b) To cause or attempt to cause an employer to discriminate against an employee in violation of subsection (1)(c) of
this section;
(c) To discriminate against an employee because that
employee has filed charges or given testimony under this
chapter;
(d) To refuse to bargain collectively with an employer.
(3) The expressing of any views, arguments, or opinion,
or the dissemination thereof to the public, whether in written,
printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under this chapter, if such
expression contains no threat of reprisal or force or promise
of benefit. [2002 c 354 § 312.]
41.80.120
41.80.120 Unfair labor practice procedures—Powers
and duties of commission. (1) The commission is empowered and directed to prevent any unfair labor practice and to
issue appropriate remedial orders: PROVIDED, That a complaint shall not be processed for any unfair labor practice
occurring more than six months before the filing of the complaint with the commission. This power shall not be affected
or impaired by any means of adjustment, mediation, or conciliation in labor disputes that have been or may hereafter be
established by law.
(2) If the commission determines that any person has
engaged in or is engaging in an unfair labor practice, the commission shall issue and cause to be served upon the person an
order requiring the person to cease and desist from such
unfair labor practice, and to take such affirmative action as
will effectuate the purposes and policy of this chapter, such
as the payment of damages and the reinstatement of employees.
(3) The commission may petition the superior court for
the county in which the main office of the employer is located
or in which the person who has engaged or is engaging in
such unfair labor practice resides or transacts business, for
the enforcement of its order and for appropriate temporary
relief. [2002 c 354 § 313.]
41.80.130
41.80.130 Enforcement of collective bargaining
agreements—Arbitrators—Subpoenas—Superior court.
(1) For the purposes of implementing final and binding arbi[Title 41 RCW—page 342]
tration under grievance procedures required by RCW
41.80.030, the parties to a collective bargaining agreement
may agree on one or more permanent umpires to serve as
arbitrator, or may agree on any impartial person to serve as
arbitrator, or may agree to select arbitrators from any source
available to them, including federal and private agencies, in
addition to the staff and list of arbitrators maintained by the
commission. If the parties cannot agree to the selection of an
arbitrator, the commission shall supply a list of names in
accordance with the procedures established by the commission.
(2) An arbitrator may require any person to attend as a
witness and to bring with him or her any book, record, document, or other evidence. The fees for such attendance shall be
paid by the party requesting issuance of the subpoena and
shall be the same as the fees of witnesses in the superior
court. Arbitrators may administer oaths. Subpoenas shall
issue and be signed by the arbitrator and shall be served in the
same manner as subpoenas to testify before a court of record
in this state. If any person so summoned to testify refuses or
neglects to obey such subpoena, upon petition authorized by
the arbitrator, the superior court may compel the attendance
of the person before the arbitrator or punish the person for
contempt in the same manner provided for the attendance of
witnesses or the punishment of them in the courts of this
state.
(3) The arbitrator shall appoint a time and place for the
hearing and notify the parties thereof, and may adjourn the
hearing from time to time as may be necessary, and, on application of either party and for good cause, may postpone the
hearing to a time not extending beyond the date fixed by the
collective bargaining agreement for making the award. The
arbitration award shall be in writing and signed by the arbitrator. The arbitrator shall, promptly upon its rendition, serve a
true copy of the award on each of the parties or their attorneys
of record.
(4) If a party to a collective bargaining agreement negotiated under this chapter refuses to submit a grievance for
arbitration, the other party to the collective bargaining agreement may invoke the jurisdiction of the superior court of
Thurston county or of any county in which the labor dispute
exists and such court shall have jurisdiction to issue an order
compelling arbitration. Disputes concerning compliance with
grievance procedures shall be reserved for determination by
the arbitrator. Arbitration shall be ordered if the grievance
states a claim that on its face is covered by the collective bargaining agreement. Doubts as to the coverage of the arbitration clause shall be resolved in favor of arbitration.
(5) If a party to a collective bargaining agreement negotiated under this chapter refuses to comply with the award of
an arbitrator determining a grievance arising under the collective bargaining agreement, the other party to the collective
bargaining agreement may invoke the jurisdiction of the
superior court of Thurston county or of any county in which
the labor dispute exists and such court shall have jurisdiction
to issue an order enforcing the arbitration award. [2002 c 354
§ 314.]
41.80.140
41.80.140 Office of financial management's labor
relations service account—Created. (1) The office of
financial management's labor relations service account is cre(2004 Ed.)
State Collective Bargaining
ated in the custody of the state treasurer to be used as a
revolving fund for the payment of labor relations services
required for the negotiation of the collective bargaining
agreements entered into under this chapter. An amount not to
exceed one-tenth of one percent of the approved allotments of
salaries and wages for all bargaining unit positions in the
classified service in each of the agencies subject to this chapter, except the institutions of higher education, shall be
charged to the operations appropriations of each agency and
credited to the office of financial management's labor relations service account as the allotments are approved pursuant
to chapter 43.88 RCW. Subject to the above limitations, the
amount shall be charged against the allotments pro rata, at a
rate to be fixed by the director of financial management from
time to time. Payment for services rendered under this chapter shall be made on a quarterly basis to the state treasurer and
deposited into the office of financial management's labor
relations service account.
(2) Moneys from the office of financial management's
labor relations service account shall be disbursed by the state
treasurer by warrants on vouchers authorized by the director
of financial management or the director's designee. An
appropriation is not required. [2002 c 354 § 322.]
41.80.900
41.80.900 Powers, duties, and functions pertaining to
collective bargaining—Transferred to public employment relations commission—Exceptions. All powers,
duties, and functions of the department of personnel pertaining to collective bargaining are transferred to the public
employment relations commission except mediation of grievances and contracts, arbitration of grievances and contracts,
and unfair labor practices, filed under a collective bargaining
agreement existing before July 1, 2004. Any mediation, arbitration, or unfair labor practice issue filed between July 1,
2004, and July 1, 2005, under a collective bargaining agreement existing before July 1, 2004, shall be resolved by the
Washington personnel resources board in accordance with
the authorities, rules, and procedures that were established
under RCW 41.06.150(11) as it existed before July 1, 2004.
[2002 c 354 § 315.]
41.80.901
41.80.901 Transfer of assets—Appropriations. All
reports, documents, surveys, books, records, files, papers, or
written material in the possession of the department of personnel pertaining to the powers, functions, and duties transferred in RCW 41.80.900 shall be delivered to the custody of
the public employment relations commission. All cabinets,
furniture, office equipment, motor vehicles, and other tangible property employed by the department of personnel in carrying out the powers, functions, and duties transferred in
RCW 41.80.900 shall be made available to the public
employment relations commission. All funds, credits, leases,
and other assets held in connection with the powers, functions, and duties transferred in RCW 41.80.900 shall be
assigned to the public employment relations commission.
Any appropriations made to the department of personnel
for carrying out the powers, functions, and duties transferred
in RCW 41.80.900 shall be deleted at the time that such powers, functions, and duties are transferred to the public
employment relations commission. All funding required to
(2004 Ed.)
41.80.906
perform these transferred powers, functions, and duties is to
be provided by the public employment relations commission
once the transfers occur.
Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files,
equipment, or other tangible property used or held in the
exercise of the powers and the performance of the duties and
functions transferred, the director of financial management
shall make a determination as to the proper allocation and
certify the same to the state agencies concerned. [2002 c 354
§ 316.]
41.80.902
41.80.902 Schedule for transfer of employees and
property. After June 13, 2002, the director of personnel and
the executive director of the public employment relations
commission shall meet and agree upon a schedule for the
transfer of department of personnel labor relation employees
and property to the commission. Whenever a question arises
as to the transfer of any personnel, funds, books, documents,
records, papers, files, equipment, or other tangible property
used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of
financial management shall make a determination as to the
proper allocation and certify the same to the state agencies
concerned. [2002 c 354 § 317.]
41.80.903
41.80.903 Pending business to be continued and
acted upon. All business pending before the department of
personnel pertaining to the powers, functions, and duties
transferred in RCW 41.80.900 shall be continued and acted
upon by the public employment relations commission. All
existing contracts and obligations of the department of personnel, pertaining to collective bargaining, shall remain in
full force and shall be performed by the public employment
relations commission. [2002 c 354 § 318.]
41.80.904
41.80.904 Validity of actions not affected. The transfer of the powers, duties, functions, and personnel of the
department of personnel shall not affect the validity of any
act performed before July 1, 2004. [2002 c 354 § 319.]
41.80.905
41.80.905 Apportionment of funds. If apportionments
of budgeted funds are required because of the transfers
directed by RCW 41.80.901 through 41.80.904, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer.
Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment
records in accordance with the certification. [2002 c 354 §
320.]
41.80.906
41.80.906 Payroll-related bargaining issues—Central state payroll system. (Expires June 30, 2007.) (1) Notwithstanding the provisions of RCW 41.80.001, the parties to
collective bargaining to be conducted under RCW 41.80.001
and 41.80.010 through 41.80.130 shall meet by September 1,
2003, to identify those payroll-related bargaining issues that
affect the capacity of the central state payroll system, as
determined by the department of personnel. The parties shall
agree on which bargaining issues will be bargained in a coa[Title 41 RCW—page 343]
41.80.907
Title 41 RCW: Public Employment, Civil Service, and Pensions
lition of employee representatives and will be agreed to uniformly in each collective bargaining agreement. This agreement is effective only for collective bargaining agreements
entered into for implementation during the 2005-2007 biennium. The purpose of the agreement is to minimize the risk to
the payroll system resulting from agreements reached in the
first round of collective bargaining under chapter 354, Laws
of 2002.
(2) This section expires June 30, 2007. [2002 c 354 §
409.]
41.80.907 Short title—2002 c 354. This act may be
known and cited as the personnel system reform act of 2002.
[2002 c 354 § 101.]
41.80.907
41.80.908 Headings, captions not law—2002 c 354.
Part headings and section captions used in this act do not constitute part of the law. [2002 c 354 § 405.]
41.80.908
41.80.909 Severability—2002 c 354. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2002 c 354 § 410.]
41.80.909
41.80.910 Effective dates—2002 c 354. (1) Sections
203, 204, 213 through 223, 227, 229 through 231, 241, 243,
246, 248, 301 through 307, 309 through 316, 318, 319, and
402 of this act take effect July 1, 2004.
(2) Section 224 of this act takes effect March 15, 2005.
(3) Sections 208, 234 through 238, and 403 of this act
take effect July 1, 2005.
(4) Sections 225, 226, 233, and 404 of this act take effect
July 1, 2006. [2002 c 354 § 411.]
41.80.910
[Title 41 RCW—page 344]
(2004 Ed.)
Title 42
PUBLIC OFFICERS AND AGENCIES
Title 42
Chapters
42.04 General provisions.
42.08 Official bonds.
42.12 Vacancies.
42.14 Continuity of government act.
42.16 Salaries and fees.
42.17 Disclosure—Campaign finances—Lobbying—
Records.
42.20 Misconduct of public officers.
42.23 Code of ethics for municipal officers—Contract
interests.
42.24 Payment of claims for expenses, material, purchases—Advancements.
42.26 Agency vendor payment revolving fund—Petty
cash accounts.
42.30 Open Public Meetings Act.
42.32 Meetings.
42.36 Appearance of fairness doctrine—Limitations.
42.40 State employee whistleblower protection.
42.41 Local government whistleblower protection.
42.44 Notaries public.
42.48 Release of records for research.
42.52 Ethics in public service.
Collection agencies retained to collect public debts—Fees: RCW 19.16.500.
County officers, general provisions: Chapter 36.16 RCW.
Credit card use by local governments: RCW 43.09.2855.
Elections: Title 29A RCW.
Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Military leave for public employees: RCW 38.40.060.
Public employment, civil service and pensions: Title 41 RCW.
State officers, general provisions: Chapter 43.01 RCW.
Chapter 42.04
Chapter 42.04 RCW
GENERAL PROVISIONS
Sections
42.04.020
42.04.040
42.04.060
42.04.070
Eligibility to hold office.
Proceedings to impeach, etc., preserved.
Offices to be open certain days and hours.
Compensation for unofficial services.
42.04.020
42.04.020 Eligibility to hold office. That no person
shall be competent to qualify for or hold any elective public
office within the state of Washington, or any county, district,
precinct, school district, municipal corporation or other district or political subdivision, unless he be a citizen of the
United States and state of Washington and an elector of such
county, district, precinct, school district, municipality or
other district or political subdivision. [1919 c 139 § 1; RRS
§ 9929. FORMER PART OF SECTION: Code 1881 § 3050
codified as RCW 42.04.021.]
Apple commission, qualifications of members: RCW 15.24.020.
Attorney general, qualifications: RCW 43.10.010.
(2004 Ed.)
Cemetery board, qualifications of members: RCW 68.05.050.
Cities, council-manager plan, qualifications of city manager: RCW
35.18.040.
Cities and towns, residence qualifications of officials and employees: RCW
35.21.200.
County hospital board of trustees, eligibility: RCW 36.62.140.
Court administrator, qualifications: RCW 2.56.010.
Court commissioners, qualifications: RCW 2.24.010.
Dairy products commission, members, qualifications: RCW 15.44.030.
Electors, qualifications: State Constitution Art. 6 § 1 (Amendment 5).
Engineers and land surveyors' board of registration, qualifications: RCW
18.43.030.
Fire protection district commissioners, qualifications: RCW 52.14.010.
Fish and wildlife commission members, qualifications: RCW 77.04.040.
Flood control districts, qualifications of governing board: RCW 85.38.070.
Fruit commission, qualifications of members: RCW 15.28.030.
Hardwoods commission, qualifications: RCW 15.74.010.
Honey bee commission, qualifications: RCW 15.62.060.
Horse racing commission, qualifications: RCW 67.16.012.
Judges of superior court, eligibility: State Constitution Art. 4 § 17.
Judges of supreme court, eligibility: State Constitution Art. 4 § 17.
Legislators, eligibility: State Constitution Art. 2 § 7; Art. 2 § 14.
Mosquito control district board members, qualifications: RCW 17.28.120.
Municipal court judges, qualifications: RCW 35.20.170.
Prosecuting attorney, eligibility: RCW 36.27.010.
Public utility district commissioners, qualifications: RCW 54.12.010.
Religious qualification to hold public office or employment prohibited: State
Constitution Art. 1 § 11 (Amendment 4).
Residence for eligibility to public office: State Constitution Art. 6 § 4.
School directors, qualifications: RCW 28A.343.340.
School teachers, qualifications: RCW 28A.410.025, 28A.405.040.
State board of education, eligibility: RCW 28A.305.060.
State hospitals for mentally ill, superintendents' powers: RCW 72.23.030.
State officers, eligibility: State Constitution Art. 3 § 25 (Amendment 31).
State schools for blind and deaf, qualifications of superintendents: RCW
72.40.020.
Subversive activities as disqualification from holding public office: Chapter
9.81 RCW.
Superior court reporters, qualifications: RCW 2.32.180.
Towns, eligibility of officers: RCW 35.27.080.
Utilities and transportation commission, qualifications: RCW 80.01.020.
Veterinary board members, qualifications: RCW 18.92.021.
Weed district director and electors, qualifications: RCW 17.04.070.
Wine commission, qualifications: RCW 15.88.030.
42.04.040 Proceedings to impeach, etc., preserved.
The omission to specify or affirm in *this act any ground of
forfeiture of a public office or other trust or special authority
conferred by law, or any power conferred by law to impeach,
remove, depose or suspend any public officer or other person
holding any trust, appointment or other special authority conferred by law, shall not affect such forfeiture or power, or any
42.04.040
[Title 42 RCW—page 1]
42.04.060
Title 42 RCW: Public Officers and Agencies
proceeding authorized by law to carry into effect such
impeachment, removal, deposition or suspension. [1909 c
249 § 45; RRS § 2297.]
Cities, code city retaining second class form, bond of officers: RCW
35.23.835.
*Reviser's note: The term "this act" relates to the criminal code of
1909. For disposition of sections, see note following RCW 9.01.120.
Cities, council-manager plan, bond of manager: RCW 35.18.050.
Forfeiture of office for conviction of felony or malfeasance: RCW 9.92.120.
Impeachment and removal: State Constitution Art. 5.
Commissioner of public lands, official bonds: RCW 43.12.041.
Recall of elective officers: State Constitution Art. 1 § 33 (Amendment 8);
chapter 29A.56 RCW.
County commissioners, official bond: RCW 36.32.060.
42.04.060 Offices to be open certain days and hours.
All state elective and appointive officers shall keep their
offices open for the transaction of business from eight o'clock
a.m. to five o'clock p.m. of each business day from Monday
through Friday, state legal holidays excepted. On Saturday,
such offices may be closed.
This section shall not apply to the courts of record of this
state or to their officers nor to the office of the attorney general and the lieutenant governor. [1973 2nd ex.s. c 1 § 2;
1955 ex.s. c 9 § 3. Prior: 1951 c 100 §§ 3, 4; 1941 c 113 § 1;
Rem. Supp. 1941 § 9963-1.]
42.04.060
Office hours of city, county, precinct: RCW 35.21.175, 36.16.100.
Cities, commission form, bonds required: RCW 35.17.100.
Cities, second class, bond required: RCW 35.23.081.
County clerk, new bond may be required: RCW 36.23.020.
County officers, official bonds: RCW 36.16.050.
County sheriff, additional bond: RCW 36.28.030.
Dairy products commission treasurer, bond required: RCW 15.44.050.
Flood control districts, official bonds: RCW 86.09.301, 86.09.304,
86.09.307.
Fruit commission treasurer, bond required: RCW 15.28.190.
Horse racing commission, official bonds: RCW 67.16.012.
Insurance commissioner, official bond: RCW 48.02.030.
Irrigation districts, official bonds: RCW 87.03.082.
Liquor control board, official bond: RCW 66.08.014.
Municipal court judge, bond required: RCW 35.20.180.
Public printer, official bond: RCW 43.78.020.
Reclamation district directors, official bonds: RCW 89.30.259.
Reclamation districts, bond of secretary: RCW 89.30.262.
42.04.070 Compensation for unofficial services. That
the directors, trustees and commissioners of state institutions
in this state, serving as such without any compensation, shall
not be precluded by reason of holding such offices from
receiving compensation for services not official rendered
without being procured or brought about by use of such official position, or by reason thereof, but such officers shall be
allowed to receive such reasonable compensation for services
not official or connected with their respective offices as they
would otherwise be allowed were they not such officers.
[1891 c 109 § 1; RRS § 10966.]
42.04.070
Chapter 42.08
Chapter 42.08 RCW
OFFICIAL BONDS
Secretary of state, official bond: RCW 43.07.010.
State administrative officers, official bonds: RCW 43.17.100.
State auditor, official bond: RCW 43.09.010.
State treasurer, official bond: RCW 43.08.020.
Superior court reporters, bond required: RCW 2.32.180.
Suretyship: Chapters 19.72, 48.28 RCW.
Towns, bond of officers: RCW 35.27.120.
University of Washington, board of regents, secretary to give bond: RCW
28B.30.135.
Utilities and transportation commission, official bonds: RCW 80.01.020.
Washington State University, board of regents, bonds required: RCW
28B.30.100, 28B.30.130.
Weed district officers, bond required: RCW 17.04.070.
42.08.005
42.08.005 Official bonds—Payment of premiums.
See RCW 48.28.040.
Sections
42.08.005
Official bonds—Payment of premiums.
42.08.010
42.08.020
42.08.030
42.08.040
42.08.050
Scope of coverage.
Who may maintain action.
Leave of court required.
Judgment no bar to further action.
Recoveries limited to amount of bond.
42.08.060
42.08.070
42.08.080
42.08.090
42.08.100
42.08.110
Form of official bonds.
Effect of bonds.
Who may bring action on bond.
Defective bonds validated.
Approval and filing.
Procedure when bond of county or township officer is insufficient.
Additional bond.
Remedy when bond of state officer becomes insufficient.
Force of additional bond.
Number of sureties.
Justification of sureties.
Liability of sureties.
Release of sureties.
OFFICIAL BONDS—CODE OF 1881
OFFICIAL BONDS—CODE OF 1881
OFFICIAL BONDS—1890 ACT
42.08.120
42.08.130
42.08.140
42.08.150
42.08.160
42.08.170
42.08.180
Adjutant general, official bond: RCW 38.12.010.
Apple commission treasurer, bond required: RCW 15.24.150.
Attorney general, official bonds: RCW 43.10.010, 43.10.020.
[Title 42 RCW—page 2]
42.08.010
42.08.010 Scope of coverage. The official bond of a
public officer, to the state, or to any county, city, town or
other municipal or public corporation of like character
therein, shall be deemed a security to the state, or to such
county, city, town or other municipal or public corporation,
as the case may be, and also to all persons severally, for the
official delinquencies against which it is intended to provide.
[Code 1881 § 652; 1877 p 135 § 655; 1869 p 152 § 592; RRS
§ 958.]
Bonds payable to state: RCW 42.08.060.
42.08.020
42.08.020 Who may maintain action. When a public
officer by official misconduct or neglect of duty, shall forfeit
his official bond or render his sureties therein liable upon
such bond, any person injured by such misconduct or neglect,
or who is by law entitled to the benefit of the security, may
maintain an action at law thereon in his own name against the
officer and his sureties to recover the amount to which he
(2004 Ed.)
Official Bonds
may by reason thereof be entitled. [Code 1881 § 653; 1877 p
135 § 656; 1869 p 152 § 593; RRS § 959.]
Action on official bond: RCW 42.08.080.
42.08.030
42.08.030 Leave of court required. Before an action
can be commenced by a plaintiff, other than the state, or the
municipal or public corporation named in the bond, leave
shall be obtained of the court or judge thereof where the
action is triable. Such leave shall be granted upon the production of a certified copy of the bond and an affidavit of the
plaintiff, or some person in his behalf, showing the delinquency. But if the matter set forth in his affidavit be such that,
if true, the party applying would clearly not be entitled to
recover in the action, the leave shall not be granted. If it does
not appear from the complaint that the leave herein provided
for has been granted, the defendant, on motion, shall be entitled to judgment of nonsuit; if it does, the defendant may controvert the allegation, and if the issue be found in his favor,
judgment shall be given accordingly. [Code 1881 § 654;
1877 p 136 § 657; 1869 p 152 § 594; RRS § 960.]
42.08.040
42.08.040 Judgment no bar to further action. A judgment in favor of a party for one delinquency shall not preclude the same or another party from maintaining another
action on the same bond for another delinquency. [Code
1881 § 655; 1877 p 136 § 658; 1869 p 153 § 595; RRS § 961.]
42.08.050
42.08.050 Recoveries limited to amount of bond. In
an action upon an official bond, if judgments have been
recovered against the surety therein other than by confession,
equal in the aggregate to the penalty or any part thereof of
such bond, and if such recovery be established on the trial,
judgment shall not be given against such surety for an amount
exceeding such penalty, or such portion thereof as is not
already recovered against him. [Code 1881 § 656; 1877 p
136 § 659; 1869 p 153 § 596; RRS § 962.]
Liability of sureties: RCW 42.08.170.
OFFICIAL BONDS—1890 ACT
42.08.060
42.08.060 Form of official bonds. All official bonds
required by law of officers shall be in form, joint and several,
and made payable to the state of Washington, in such penal
sum and with such conditions as may be required by law.
[1890 p 34 § 1; RRS § 9930.]
Bonds deemed security to state, county, city, town, etc.: RCW 42.08.010.
42.08.110
42.08.080
42.08.080 Who may bring action on bond. Every official bond executed by any officer pursuant to law, shall be in
force and obligatory upon the principal and sureties therein,
to and for the state of Washington, and to and for the use and
benefit of all persons who may be injured or aggrieved by the
wrongful act or default of such officer, in his official capacity, and any person so injured or aggrieved may bring suit on
such bond in his or her own name without an assignment
thereof. [1890 p 34 § 3; RRS § 9932.]
Action on official bond: RCW 42.08.020.
42.08.090
42.08.090 Defective bonds validated. Whenever any
such official bond shall not contain the substantial matter or
condition or conditions required by law, or there shall be any
defect in the approval or filing thereof, such bond shall not be
void so as to discharge such officer and his sureties, but they
shall be bound to the state, or party interested, and the state or
such party may, by action instituted in any court of competent
jurisdiction, suggest the defect of such bond or such approval
or filing, and recover his proper and equitable demand or
damages from such officer, and the person or persons, who
intended to become, and were included in such bond as sureties. [1890 p 35 § 4; RRS § 9933.]
42.08.100
42.08.100 Approval and filing. The official bonds of
officers shall be approved and filed as follows, to wit: The
official bond of the secretary of state shall be approved by the
governor and filed in the office of the state auditor. The official bonds of all other state officers required by law to give
bonds, except as otherwise expressly provided by law, shall
be approved by the governor and filed in the office of the secretary of state.
The official bonds of all county and township officers,
except the county superintendent of schools, shall be
approved by the board of county commissioners, if in session, and if not in session, by the chairman of such board, and
filed and recorded in the office of the county clerk of their
respective counties: PROVIDED, That the bond of the
county clerk shall be recorded in the office of the county
auditor and filed in the office of the county treasurer. [1955
c 157 § 11. Prior: 1890 p 35 § 5; RRS § 9934.]
Contractor's bonds: Chapter 39.08 RCW.
Official bonds—Payment of premiums: RCW 48.28.040.
Surety insurance: Chapter 48.28 RCW.
County commissioner bond is payable to county: RCW 36.32.060.
42.08.110
42.08.070
42.08.070 Effect of bonds. Every official bond executed by any officer pursuant to law shall be deemed and
taken to be in force, and shall be obligatory upon the principal
and sureties therein for any and all breach of the condition or
conditions thereof committed during the time such officer
shall continue to discharge any of the duties of, or hold such
office, and every such bond shall be deemed to be in force
and obligatory upon the principal and sureties therein for the
faithful discharge of all duties which may be required of such
officer by any law enacted subsequent to the execution of
such bond, and such condition shall be expressed therein.
[1890 p 34 § 2; RRS § 9931.]
(2004 Ed.)
42.08.110 Procedure when bond of county or township officer is insufficient. Whenever the sureties, or any
one of them, in the official bond of any county or township
officer shall die, remove from the state, become insolvent or
insufficient, or the penalty of such bond shall become insufficient, on account of recoveries had thereon, or otherwise, it
shall be the duty of the board of county commissioners of the
proper county, of their own motion, or on the showing of any
person, supported by affidavit, to summon any such officer to
appear before them at a stated time, not less than five days
after service of such summons, and show cause why he
should not execute an additional official bond with good and
sufficient sureties. [1890 p 35 § 6; RRS § 9935.]
[Title 42 RCW—page 3]
42.08.120
Title 42 RCW: Public Officers and Agencies
42.08.120
42.08.120 Additional bond. Should such officer, after
due notice, fail to appear at the time appointed, the matter
may be heard and determined in his absence; if after examination the board of county commissioners shall be of opinion
that the bond of such officer has become insufficient from
any cause whatever, they shall require an additional bond
with such security as may be deemed necessary, which said
additional bond shall be executed and filed within such time
as the board of county commissioners may order; and if any
such officer shall fail to execute and file such additional bond
within the time prescribed by such order, his office shall
become vacant. [1890 p 36 § 7; RRS § 9936.]
Failure to give or renew official bond a cause for vacation of office: RCW
42.12.010.
42.08.130
42.08.130 Remedy when bond of state officer
becomes insufficient. Whenever the official bond of any
state officer shall become insufficient from any cause whatever, the like proceedings may be had before the superior
court of the county in which said state officer holds his office
with reference thereto: PROVIDED, That such proceedings
may be commenced by a written motion supported by affidavit. [1890 p 36 § 8; RRS § 9937.]
42.08.140
42.08.140 Force of additional bond. Every such additional bond shall be of like force and obligation upon the
principal and sureties therein, and shall subject the officer
and his sureties to the same liabilities as are prescribed
respecting the original bonds of officers. [1890 p 36 § 9;
RRS § 9938.]
42.08.150
42.08.150 Number of sureties. Unless otherwise
expressly provided, there shall be at least two sureties upon
the official bond of every officer. [1890 p 36 § 10; RRS §
9939.]
Corporate sureties: Chapter 48.28 RCW.
aggregate at least two sureties for the whole penal sum.
[1890 p 37 § 12; RRS § 9941.]
Recoveries limited to amount of bond: RCW 42.08.050.
42.08.180 Release of sureties.
(1937 act), see chapter 19.72 RCW.
42.08.180
Chapter 42.12
Release of sureties
Chapter 42.12 RCW
VACANCIES
Sections
42.12.010
42.12.020
42.12.030
42.12.040
42.12.070
Causes of vacancy.
Resignations, to whom made.
Term of person elected to fill vacancy.
Vacancy in partisan elective office—Successor elected—
When.
Filling nonpartisan vacancies.
Apple commission, vacancies, how filled: RCW 15.24.050.
Attorney general, removal from office: State Constitution Art. 4 § 9.
Bond, failure to file additional bond causes vacancy: RCW 42.08.120.
City offices, vacancies, how filled
commission plan: RCW 35.17.020.
council-manager plan
council: RCW 35.18.020.
optional municipal code: RCW 35A.13.020.
mayor-council plan, optional municipal code: RCW 35A.12.050.
second class: RCW 35.23.101.
Congress, vacancies, how filled: RCW 29A.28.050.
County, township, precinct, or road district offices, vacancies, how filled:
State Constitution Art. 11 § 6.
County annexation review board, vacancies: RCW 35A.14.170.
County clerk, failure to file new bond vacates office: RCW 36.23.020,
42.08.120.
County commissioners, vacancies, how filled: RCW 36.32.070.
County hospital board of trustees, vacancies, how filled: RCW 36.62.160.
County officers
conviction for taking illegal fees vacates office: RCW 36.18.180.
vacancies: RCW 29A.24.210, 36.16.110, 36.16.115, 42.12.040.
County treasurer, suspension for misconduct: RCW 36.29.090.
Educational service district superintendent: Chapter 28A.310 RCW.
42.08.160
42.08.160 Justification of sureties. In all cases where
official bonds are required or may be hereafter required, from
state, county, township or precinct officers, the officer or
officers whose duty it is or may be to approve such bonds,
shall not accept or approve any such bonds except such bond
be that of a surety company, unless the sureties thereon shall
severally justify before an officer authorized to administer
oaths as follows: (1) On a bond given by a state or county
officer that he is a resident and freeholder within this state,
and on a bond given by a township or precinct officer that he
is a resident and freeholder within the county in which such
township or precinct is situated. (2) That he is worth double
the amount for which he becomes surety over and above all
his debts and liabilities, in property situated within this state
which is not exempt from seizure and sale under execution.
[1901 c 14 § 1; 1890 p 36 § 11; RRS § 9940.]
Qualification of individual sureties: RCW 19.72.030.
42.08.170
42.08.170 Liability of sureties. When the penal sum of
any bond amounts to more than two thousand dollars, the
sureties may become severally liable for portions, not less
than five hundred dollars, of such penal sum, making in the
[Title 42 RCW—page 4]
Engineers and land surveyors' board of registration, vacancies on: RCW
18.43.030.
Fire protection district commissioners, vacancies: RCW 52.14.050.
Flood control districts, vacancies in governing board: RCW 85.38.070.
Fruit commission, vacancies, how filled: RCW 15.28.080.
Governor
appointive state office, vacancies in, filled by: RCW 43.06.090.
vacancy in office of: State Constitution Art. 3 § 10 (Amendment 6).
Horse racing commission, vacancies: RCW 67.16.012.
Impeachment: State Constitution Art. 5.
Irrigation district directors, vacancies, how filled: RCW 87.03.081,
87.04.020.
Joint legislative audit and review committee, vacancies, how filled: RCW
44.28.020.
Judges
removal from office: State Constitution Art. 4 § 9.
vacancies, how filled
court of appeals: RCW 2.06.080.
district court: RCW 3.34.100.
superior court: State Constitution Art. 4 § 5; RCW 2.08.069, 2.08.120.
supreme court: State Constitution Art. 4 § 3; RCW 2.04.100.
Judicial officer's absence from state as forfeiting office: State Constitution
Art. 4 § 8.
Legislators, expulsion of member: State Constitution Art. 2 § 9.
(2004 Ed.)
Vacancies
Legislators, vacancies, how filled: State Constitution Art. 2 § 15 (Amendment 52), RCW 42.12.040.
Liquor control board, vacancies, how filled: RCW 66.08.014.
Militia, vacancies, how filled: RCW 38.12.095 through 38.12.115.
Mosquito control districts, vacancies in board of trustees: RCW 17.28.130.
Partisan elective offices, vacancies, how filled: RCW 29A.24.210.
42.12.040
(2) *Section 20 of this act shall take effect July 1, 1994." [1994 c 223
§ 94.]
*Reviser's note: The governor vetoed 1994 c 233 § 20.
Severability—Effective date—1993 c 317: See notes following RCW
3.50.810.
Severability—1981 c 180: See note following RCW 42.12.040.
Prosecuting attorney, removal from office: State Constitution Art. 4 § 9.
Public utility district commissioners, vacancies: RCW 54.12.010.
Recall proceedings, grounds: RCW 29A.56.110.
Reclamation district directors, vacancies: RCW 89.30.256.
Regional universities—Trustees, appointment, terms, quorum, vacancies:
RCW 28B.35.100.
School directors in second and third class districts, vacancies, how filled:
RCW 28A.343.370.
State appointive office, vacancy in, how filled: State Constitution Art. 3 §
13; RCW 43.06.090.
State board of education, vacancies, how filled: RCW 28A.305.090.
State elective officers
recall: State Constitution Art. 1 § 33 (Amendment 8).
vacancy, successor elected: RCW 42.12.040.
State officers, removal from office: State Constitution Art. 5.
Statute law committee, vacancies, how filled: RCW 1.08.003.
The Evergreen State College—Trustees, appointment, terms, quorum,
vacancies: RCW 28B.40.100.
United States senators, vacancies, how filled: RCW 29A.28.030.
University of Washington board of regents, vacancies, how filled: RCW
28B.20.100.
Utilities and transportation commission, vacancies, how filled: RCW
80.01.010.
Washington State University board of regents, vacancies: RCW 28B.30.100.
Water-sewer district commissioners, vacancies: RCW 57.12.020.
Weed district directors, vacancies, how filled: RCW 17.04.070.
42.12.010
42.12.010 Causes of vacancy. Every elective office
shall become vacant on the happening of any of the following
events:
(1) The death of the incumbent;
(2) His or her resignation. A vacancy caused by resignation shall be deemed to occur upon the effective date of the
resignation;
(3) His or her removal;
(4) Except as provided in RCW 3.46.067 and 3.50.057,
his or her ceasing to be a legally registered voter of the district, county, city, town, or other municipal or quasi municipal corporation from which he or she shall have been elected
or appointed, including where applicable the council district,
commissioner district, or ward from which he or she shall
have been elected or appointed;
(5) His or her conviction of a felony, or of any offense
involving a violation of his or her official oath;
(6) His or her refusal or neglect to take his or her oath of
office, or to give or renew his or her official bond, or to
deposit such oath or bond within the time prescribed by law;
(7) The decision of a competent tribunal declaring void
his or her election or appointment; or
(8) Whenever a judgment shall be obtained against that
incumbent for breach of the condition of his or her official
bond. [1994 c 223 § 2; 1993 c 317 § 9; 1981 c 180 § 4; Code
1881 § 3063; 1866 p 28 § 2; RRS § 9950.]
Effective date—1994 c 223 § 2: "(1) Section 2 of this act shall take
effect January 1, 1995.
(2004 Ed.)
42.12.020
42.12.020 Resignations, to whom made. Resignations
shall be made as follows: By the state officers and members
of the legislature, to the governor; by all county officers, to
the county commissioners of their respective counties; by all
other officers, holding their offices by appointment, to the
body, board or officer that appointed them. [Code 1881 §
3062; 1865 p 28 § 1; RRS § 9949.]
Appointments to fill vacancies: State Constitution Art. 2 § 15 (Amendment
32).
42.12.030
42.12.030 Term of person elected to fill vacancy.
Whenever any officer resigns his office before the expiration
of his term, or the office becomes vacant from any other
cause, and at a subsequent special election such vacancy is
filled, the person so elected to fill such vacancy shall hold
office for the remainder of the unexpired term. [1981 c 180 §
5; Code 1881 § 3066; 1866 p 30 § 6; RRS § 9951.]
Severability—1981 c 180: See note following RCW 42.12.040.
42.12.040
42.12.040 Vacancy in partisan elective office—Successor elected—When. (1) If a vacancy occurs in any partisan elective office in the executive or legislative branches of
state government or in any partisan county elective office
before the sixth Tuesday prior to the primary for the next general election following the occurrence of the vacancy, a successor shall be elected to that office at that general election.
Except during the last year of the term of office, if such a
vacancy occurs on or after the sixth Tuesday prior to the primary for that general election, the election of the successor
shall occur at the next succeeding general election. The
elected successor shall hold office for the remainder of the
unexpired term. This section shall not apply to any vacancy
occurring in a charter county which has charter provisions
inconsistent with this section.
(2) If a vacancy occurs in any legislative office or in any
partisan county office after the general election in a year that
the position appears on the ballot and before the start of the
next term, the term of the successor who is of the same party
as the incumbent may commence once he or she has qualified
as defined in *RCW 29.01.135 and shall continue through the
term for which he or she was elected. [2003 c 238 § 4; 2002
c 108 § 2; 1981 c 180 § 1.]
*Reviser's note: RCW 29.01.135 was recodified as RCW 29A.04.133
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Contingent effective date—2003 c 238: See note following RCW
36.16.110.
Severability—1981 c 180: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1981 c 180 § 6.]
County office, appointment of acting official: RCW 36.16.115.
Filing period, special: RCW 29A.24.210.
[Title 42 RCW—page 5]
42.12.070
42.12.070
Title 42 RCW: Public Officers and Agencies
42.12.070 Filling nonpartisan vacancies. A vacancy
on an elected nonpartisan governing body of a special purpose district where property ownership is not a qualification
to vote, a town, or a city other than a first class city or a charter code city, shall be filled as follows unless the provisions
of law relating to the special district, town, or city provide
otherwise:
(1) Where one position is vacant, the remaining members of the governing body shall appoint a qualified person to
fill the vacant position.
(2) Where two or more positions are vacant and two or
more members of the governing body remain in office, the
remaining members of the governing body shall appoint a
qualified person to fill one of the vacant positions, the
remaining members of the governing body and the newly
appointed person shall appoint another qualified person to fill
another vacant position, and so on until each of the vacant
positions is filled with each of the new appointees participating in each appointment that is made after his or her appointment.
(3) If less than two members of a governing body remain
in office, the county legislative authority of the county in
which all or the largest geographic portion of the city, town,
or special district is located shall appoint a qualified person or
persons to the governing body until the governing body has
two members.
(4) If a governing body fails to appoint a qualified person
to fill a vacancy within ninety days of the occurrence of the
vacancy, the authority of the governing body to fill the
vacancy shall cease and the county legislative authority of the
county in which all or the largest geographic portion of the
city, town, or special district is located shall appoint a qualified person to fill the vacancy.
(5) If the county legislative authority of the county fails
to appoint a qualified person within one hundred eighty days
of the occurrence of the vacancy, the county legislative
authority or the remaining members of the governing body of
the city, town, or special district may petition the governor to
appoint a qualified person to fill the vacancy. The governor
may appoint a qualified person to fill the vacancy after being
petitioned if at the time the governor fills the vacancy the
county legislative authority has not appointed a qualified person to fill the vacancy.
(6) As provided in *RCW 29.15.190 and 29.21.410, each
person who is appointed shall serve until a qualified person is
elected at the next election at which a member of the governing body normally would be elected that occurs twenty-eight
or more days after the occurrence of the vacancy. If needed,
special filing periods shall be authorized as provided in
*RCW 29.15.170 and 29.15.180 for qualified persons to file
for the vacant office. A primary shall be held to nominate
candidates if sufficient time exists to hold a primary and more
than two candidates file for the vacant office. Otherwise, a
primary shall not be held and the person receiving the greatest number of votes shall be elected. The person elected shall
take office immediately and serve the remainder of the unexpired term.
If an election for the position that became vacant would
otherwise have been held at this general election date, only
one election to fill the position shall be held and the person
elected to fill the succeeding term for that position shall take
[Title 42 RCW—page 6]
office immediately when qualified as defined in *RCW
29.01.135 and shall service both the remainder of the unexpired term and the succeeding term. [1994 c 223 § 1.]
*Reviser's note: RCW 29.15.190, 29.21.410, 29.15.170, 29.15.180,
and 29.01.135 were recodified as RCW 29A.24.190, 29A.52.240,
29A.24.170, 29A.24.180, and 29A.04.133, respectively, pursuant to 2003 c
111 § 2401, effective July 1, 2004. RCW 29A.24.170, 29A.24.180, and
29A.24.190 were subsequently repealed by 2004 c 271 § 193.
Chapter 42.14
Chapter 42.14 RCW
CONTINUITY OF GOVERNMENT ACT
Sections
42.14.010
42.14.020
42.14.030
42.14.035
42.14.040
42.14.050
42.14.060
42.14.070
42.14.075
42.14.900
42.14.910
Definitions.
Office of governor.
Legislature.
Convening legislature at locations other than usual seat of government.
County commissioners.
City or town officers.
Appointed officers of the state.
Officers of political subdivisions.
Meetings of governing bodies of political subdivisions at other
than usual places.
Short title.
Severability—1963 c 203.
Continuity of government: State Constitution Art. 2 § 42 (Amendment 39).
Microfilming of records to provide continuity of civil government: Chapter
40.10 RCW.
42.14.010
42.14.010 Definitions. Unless otherwise clearly
required by the context, the following definitions apply:
(1) "Unavailable" means either that a vacancy in the
office exists or that the lawful incumbent of the office is
absent or unable to exercise the powers and discharge the
duties of the office following an attack and a declaration of
existing emergency by the governor or his successor.
(2) "Attack" means any acts of warfare taken by an
enemy of the United States causing substantial damage or
injury to persons or property in the United States and in the
state of Washington. [1963 c 203 § 2.]
42.14.020
42.14.020 Office of governor. (1) In the event that all
successors to the office of governor as provided by Article 3,
section 10, as amended by amendment 6 of the Constitution
of the state of Washington are unavailable following an
enemy attack, the powers and duties of the office of governor
shall be exercised and discharged by the speaker of the house
of representatives.
(2) In the event the speaker of the house is unavailable,
the powers and duties of the office of governor shall be exercised and discharged by the president pro tem of the senate.
(3) In the event that neither the speaker nor the president
pro tem is available, the house of representatives and the senate in joint assembly shall elect an emergency interim governor. [1963 c 203 § 3.]
42.14.030
42.14.030 Legislature. In the event enemy attack
reduces the number of legislators available for duty, then
those legislators available for duty shall constitute the legislature and shall have full power to act in separate or joint
assembly by majority vote of those present. In the event of an
attack, (1) quorum requirements for the legislature shall be
suspended, and (2) where the affirmative vote of a specified
(2004 Ed.)
Salaries and Fees
proportion of members for approval of a bill, resolution or
other action would otherwise be required, the same proportion of those voting thereon shall be sufficient. In the event of
an attack, the governor shall call the legislature into session
as soon as practicable, and in any case within thirty days following the inception of the attack. If the governor fails to
issue such call, the legislature shall, on the thirtieth day from
the date of inception of the attack, automatically convene at
the place where the governor then has his office. Each legislator shall proceed to the place of session as expeditiously as
practicable. At such session or at any session in operation at
the inception of the attack, and at any subsequent sessions,
limitations on the length of session and on the subjects which
may be acted upon shall be suspended. [1963 c 203 § 4.]
42.14.035
42.14.035 Convening legislature at locations other
than usual seat of government. Whenever, in the judgment
of the governor, it becomes impracticable, due to an emergency resulting from enemy attack or natural disaster, to convene the legislature in the usual seat of government at Olympia, the governor may call the legislature into emergency session in any location within this or an adjoining state. The first
order of business of any legislature so convened shall be the
establishment of temporary emergency seats of government
for the state. After any emergency relocation, the affairs of
state government shall be lawfully conducted at such emergency temporary location or locations for the duration of the
emergency. [1969 ex.s. c 106 § 1.]
provisions of this chapter, shall adopt rules and regulations
providing for appointment of temporary interim successors to
the elected and appointed offices of the political subdivisions.
[1963 c 203 § 8.]
42.14.075
42.14.075 Meetings of governing bodies of political
subdivisions at other than usual places. Whenever, due to
a natural disaster, an attack or an attack is imminent, it
becomes imprudent, inexpedient or impossible to conduct the
affairs of a political subdivision at the regular or usual place
or places, the governing body of the political subdivision may
meet at any place within or without the territorial limits of the
political subdivision on the call of the presiding official or
any two members of the governing body. After any emergency relocation, the affairs of political subdivisions shall be
lawfully conducted at such emergency temporary location or
locations for the duration of the emergency. [1969 ex.s. c 106
§ 2.]
42.14.900
42.14.900 Short title. This act shall be known as the
"continuity of government act." [1963 c 203 § 1.]
42.14.910
42.14.910 Severability—1963 c 203. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1963 c 203 § 9.]
Chapter 42.16
42.14.040
42.14.040 County commissioners. In the event enemy
attack reduces the number of county commissioners of any
county, then those commissioners available for duty shall
have full authority to act in all matters as a board of county
commissioners. In the event no county commissioner is available for duty, then those elected county officials, except for
the members of the county board of education, as are available for duty shall jointly act as the board of county commissioners and shall possess by majority vote the full authority of
the board of county commissioners. [1963 c 203 § 5.]
42.14.060
42.14.060 Appointed officers of the state. The governor shall, subject to such rules and regulations as he may
adopt, permit each appointed officer of the state to designate
temporary interim successors to the office of such officer.
[1963 c 203 § 7.]
42.14.070
42.14.070 Officers of political subdivisions. The legislative authority of each political subdivision, subject to the
(2004 Ed.)
Chapter 42.16 RCW
SALARIES AND FEES
Sections
42.16.010
42.16.011
42.16.012
42.16.013
42.16.014
42.16.015
42.14.050
42.14.050 City or town officers. In the event that the
executive head of any city or town is unavailable by reason of
enemy attack to exercise the powers and discharge the duties
of the office, then those members of the city or town council
or commission available for duty shall by majority vote select
one of their number to act as the executive head of such city
or town. In the event enemy attack reduces the number of city
or town councilmembers or commission members, then those
members available for duty shall have full power to act by
majority vote of those present. [1981 c 213 § 8; 1963 c 203 §
6.]
Chapter 42.16
42.16.016
42.16.017
42.16.020
42.16.030
42.16.040
Salaries paid twice each month—Policies and procedures to
assure full payment—Exceptions.
State payroll revolving account, agency payroll revolving
fund—Use.
State payroll revolving account, agency payroll revolving
fund—Disbursements—Sources.
Transfers to state payroll revolving account—Certification by
agencies or director of financial management.
Disbursements by warrants—Certifications.
Cancellation of warrants—Transfer of increased balance
amounts in state payroll revolving account.
Cancellation of warrants—Refund of increased balance
amounts in agency payroll revolving fund.
Payroll preparation and accounting—Establishment of policies, procedures, and paydates.
Salaried officers not to receive witness fees—Exceptions.
Disposition of fees.
Official fees payable in advance.
Boards and commissions, state, part-time, compensation: RCW 43.03.220
through 43.03.250.
Cities
commission form, salaries: RCW 35.17.108.
council-manager plan, salaries: RCW 35.18.220.
optional municipal code
council-manager plan, compensation: RCW 35A.13.040.
mayor-council plan, compensation: RCW 35A.12.070.
Commissioner of public lands
fees: RCW 79.02.240.
salary: State Constitution Art. 3 § 23; RCW 43.03.010.
Compensation not to be increased or diminished during term of office: State
Constitution Art. 2 § 13; Art. 2 § 25; Art. 3 § 25 (Amendment 31); Art.
4 § 13; Art. 11 § 8; Art. 28 § 1 (Amendment 20).
County officers, compensation: State Constitution Art. 11 § 8.
County officers, fees: Chapter 36.18 RCW.
[Title 42 RCW—page 7]
42.16.010
Title 42 RCW: Public Officers and Agencies
County officers, salaries: Chapter 36.17 RCW.
County sheriff, fees payable in advance: RCW 36.28.040.
Court commissioners, salary: RCW 2.24.030.
Courts of limited jurisdiction, salaries and fees: State Constitution Art. 4 §
10 (Amendment 28).
Elected officials, executive branch, salaries: RCW 43.03.011.
Election officials, fees: RCW 29A.44.530.
Judges, salaries: RCW 43.03.012.
Judicial officers, salaries, how paid, etc.: State Constitution Art. 4 § 13.
Justices of supreme court, salaries: State Constitution Art. 4 § 14.
Legislators, salaries: RCW 43.03.013.
Militia, salaries and pay: RCW 38.24.050.
Municipal court judges, salaries: RCW 35.20.160.
Reformatory chief executive officer, salary: RCW 72.01.060.
Secretary of state, fees: RCW 43.07.120.
Secretary of transportation, salary: RCW 47.01.041.
State appointive officers, governor may fix salaries, maximum: RCW
43.03.040.
State boards and commissions, part-time, compensation: RCW 43.03.220
through 43.03.250.
State committee on agency officials' salaries: RCW 43.03.028.
State elective officers, salaries: RCW 43.03.011.
Superior court reporters, salaries: RCW 2.32.210.
Supreme court reporter, salary: State Constitution Art. 4 § 18; Rules of
court: SAR 17(1).
University of Washington, disposition of fees: RCW 28B.15.210,
28B.15.220.
Utilities and transportation commission, salaries: RCW 80.01.010.
Washington State University, disposition of fees: RCW 28B.15.310.
42.16.010
42.16.010 Salaries paid twice each month—Policies
and procedures to assure full payment—Exceptions. (1)
Except as provided otherwise in subsection (2) of this section, all state officers and employees shall be paid for services rendered from the first day of the month through the fifteenth day of the month and for services rendered from the
sixteenth day of the month through the last calendar day of
the month. Paydates for these two pay periods shall be established by the director of financial management through the
administrative hearing process and the official paydates shall
be established six months prior to the beginning of each subsequent calendar year. Under no circumstance shall the paydate be established more than ten days after the pay period in
which the wages are earned except when the designated paydate falls on Sunday, in which case the paydate shall not be
later than the following Monday. Payment shall be deemed
to have been made by the established paydates if: (a) The salary warrant is available at the geographic work location at
which the warrant is normally available to the employee; or
(b) the salary has been electronically transferred into the
employee's account at the employee's designated financial
institution; or (c) the salary warrants are mailed at least two
days before the established paydate for those employees
engaged in work in remote or varying locations from the geographic location at which the payroll is prepared, provided
that the employee has requested payment by mail.
The office of financial management shall develop the
necessary policies and operating procedures to assure that all
remuneration for services rendered including basic salary,
shift differential, standby pay, overtime, penalty pay, salary
[Title 42 RCW—page 8]
due based on contractual agreements, and special pay provisions, as provided for by law, Washington personnel
resources board rules, agency policy or rule, or contract, shall
be available to the employee on the designated paydate.
Overtime, penalty pay, and special pay provisions may be
paid by the next following paydate if the postponement of
payment is attributable to: The employee's not making a
timely or accurate report of the facts which are the basis for
the payment, or the employer's lack of reasonable opportunity to verify the claim.
Compensable benefits payable because of separation
from state service shall be paid with the earnings for the final
period worked unless the employee separating has not provided the agency with the proper notification of intent to terminate.
One-half of the employee's basic monthly salary shall be
paid in each pay period. Employees paid on an hourly basis
or employees who work less than a full pay period shall be
paid for actual salary earned.
(2) Subsection (1) of this section shall not apply in
instances where it would conflict with contractual rights or,
with the approval of the office of financial management, to
short-term, intermittent, noncareer state employees, to student employees of institutions of higher education, and to
liquor control agency managers who are paid a percentage of
monthly liquor sales.
(3) Notwithstanding subsections (1) and (2) of this section, a bargained contract at an institution of higher education
may include a provision for paying part-time academic
employees on a pay schedule that coincides with all the paydays used for full-time academic employees. [2004 c 56 § 1;
1993 c 281 § 42; 1983 1st ex.s. c 28 § 1; 1979 c 151 § 68;
1969 c 59 § 1; 1967 ex.s. c 25 § 1; 1891 c 130 § 1; RRS §
10965.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Application—1983 1st ex.s. c 28: "This act applies to pay periods
beginning January 1, 1984." [1983 1st ex.s. c 28 § 8.]
Effective date—1967 ex.s. c 25: "This 1967 amendatory act shall take
effect July 1, 1967: PROVIDED, That the budget director may by regulation
postpone the operation of the act for any reasonable time, not extending
beyond the 1967-1969 biennium, to facilitate an orderly transition in state
payroll procedures." [1967 ex.s. c 25 § 9.] "Budget director" redesignated
"director of financial management"; see RCW 43.41.035 and 43.41.940.
42.16.011 State payroll revolving account, agency
payroll revolving fund—Use. A state payroll revolving
account and an agency payroll revolving fund are created in
the state treasury, for the payment of compensation to
employees and officers of the state and distribution of all
amounts withheld therefrom pursuant to law and amounts
authorized by employees to be withheld pursuant to law; also
for the payment of the state's contributions for retirement and
insurance and other employee benefits: PROVIDED, That
the utilization of the state payroll revolving account shall be
optional except for agencies whose payrolls are prepared
under a centralized system established pursuant to regulations of the director of financial management: PROVIDED
FURTHER, That the utilization of the agency payroll revolving fund shall be optional for agencies whose operations are
funded in whole or part other than by funds appropriated
from the state treasury. [1985 c 57 § 25; 1981 c 9 § 1; 1979 c
151 § 69; 1969 c 59 § 2; 1967 ex.s. c 25 § 2.]
42.16.011
(2004 Ed.)
Salaries and Fees
Effective date—1985 c 57: See note following RCW 18.04.105.
Transfer from state payroll revolving fund: "All moneys in the state
treasury to the credit of the state payroll revolving fund shall be transferred
on the effective date of this act to the state payroll revolving account." [1981
c 9 § 7.] The effective date of 1981 c 9 was February 27, 1981.
42.16.012
42.16.012 State payroll revolving account, agency
payroll revolving fund—Disbursements—Sources. The
amounts to be disbursed from the state payroll revolving
account from time to time on behalf of agencies utilizing such
account shall be transferred thereto by the state treasurer from
appropriated funds properly chargeable with the disbursement for the purposes set forth in RCW 42.16.011, on or
before the day prior to scheduled disbursement. The amounts
to be disbursed from the agency payroll revolving fund from
time to time on behalf of agencies electing to utilize such
fund shall be deposited therein by such agencies from funds
held by the agency pursuant to law outside the state treasury
and properly chargeable with the disbursement for the purposes set forth in RCW 42.16.011, on or before the day prior
to scheduled disbursement. [1981 c 9 § 2; 1967 ex.s. c 25 §
3.]
42.16.020
and fund. [1981 c 9 § 4; 1979 c 151 § 71; 1969 c 59 § 4; 1967
ex.s. c 25 § 5.]
42.16.015
42.16.015 Cancellation of warrants—Transfer of
increased balance amounts in state payroll revolving
account. All amounts increasing the balance in the state payroll revolving account, as a result of the cancellation of warrants issued therefrom shall be transferred by the state treasurer to the fund from which the canceled warrant would
originally have been paid except for the provisions of RCW
42.16.010 through 42.16.017. [1981 c 9 § 5; 1967 ex.s. c 25
§ 6.]
42.16.016
42.16.016 Cancellation of warrants—Refund of
increased balance amounts in agency payroll revolving
fund. All amounts increasing the balance in the agency payroll revolving fund, as a result of the cancellation of warrants
issued therefrom shall be refunded by the state treasurer to
the appropriate state agency. The refund shall be deposited by
the agency to the fund from which such amount was originally withdrawn for deposit in the agency payroll revolving
fund. [1967 ex.s. c 25 § 7.]
42.16.013
42.16.013 Transfers to state payroll revolving
account—Certification by agencies or director of financial management. The state treasurer shall make such transfers to the state payroll revolving account in the amounts to
be disbursed as certified by the respective agencies: PROVIDED, That if the payroll is prepared on behalf of an agency
from data authenticated and certified by the agency under a
centralized system established pursuant to regulation of the
director of financial management, the state treasurer shall
make the transfer upon the certification of the head of the
agency preparing the centralized payroll or his designee.
[1981 c 9 § 3; 1979 c 151 § 70; 1969 c 59 § 3; 1967 ex.s. c 25
§ 4.]
42.16.017
42.16.017 Payroll preparation and accounting—
Establishment of policies, procedures, and paydates. The
director of financial management shall adopt the necessary
policies and procedures to implement RCW 42.16.010
through 42.16.017, including the establishment of paydates.
Such paydates shall conform to RCW 42.16.010. The director
of financial management shall have approval over all agency
and state payroll systems and shall determine the payroll systems to be used by state agencies to ensure the implementation of RCW 42.16.010 and 41.04.232: PROVIDED, That
for purposes of the central personnel payroll system, the provisions of RCW 41.07.020 shall apply. [1998 c 245 § 45;
1983 1st ex.s. c 28 § 6; 1979 c 151 § 72; 1967 ex.s. c 25 § 8.]
Application—1983 1st ex.s. c 28: See note following RCW 42.16.010.
42.16.014
42.16.014 Disbursements by warrants—Certifications. Disbursements from the revolving account and fund
created by RCW 42.16.010 through 42.16.017 shall be by
warrant in accordance with the provisions of RCW
43.88.160: PROVIDED, That when the payroll is prepared
under a centralized system established pursuant to regulations of the director of financial management, disbursements
on behalf of the agency shall be certified by the head of the
agency preparing the centralized payroll or his designee:
PROVIDED FURTHER, That disbursements from a centralized paying agency representing amounts withheld, and/or
contributions, for payment to any individual payee on behalf
of several agencies, may be by single warrant representing
the aggregate amounts payable by all such agencies to such
payee. The procedure for disbursement and certification of
these aggregate amounts shall be established by the director
of financial management.
All payments to employees or other payees, from the
revolving account and fund created by RCW 42.16.010
through 42.16.017, whether certified by an agency or by the
director of financial management on behalf of such agency,
shall be made wherever possible by a single warrant reflecting on its face the amount charged to each revolving account
(2004 Ed.)
42.16.020
42.16.020 Salaried officers not to receive witness
fees—Exceptions. No state, county, municipal or other public officer within the state of Washington, who receives from
the state, or from any county or municipality therein, a fixed
and stated salary as compensation for services rendered as
such public officer shall be allowed or paid any per diem for
attending or testifying on behalf of the state of Washington,
or any county or municipality therein, at any trial or other
judicial proceeding, in any state, county or municipal court
within this state; nor shall such officer, in any case, be
allowed nor paid any per diem for attending or testifying in
any state or municipal court of this state, in regard to matters
and information that have come to his knowledge in connection with and as a result of the performance of his duties as a
public officer as aforesaid: Provided, This section shall not
apply when any deduction shall be made from the regular salary of such officer by reason of his being in attendance upon
the superior court, but in such cases regular witness fees shall
be paid; and further, that if a public officer be subpoenaed
and required to appear or testify in judicial proceedings in a
county other than that in which he resides, then said public
officer shall be entitled to receive per diem and mileage as
[Title 42 RCW—page 9]
42.16.030
Title 42 RCW: Public Officers and Agencies
provided by statute in other cases; and, provided further, that
this section shall not apply to police officers when called as
witnesses in the superior courts during hours when they are
off duty as such officers. A law enforcement officer who has
issued a notice of traffic infraction is not entitled to receive
witness fees or mileage in a contested traffic infraction case.
[1981 c 19 § 3; 1903 c 10 § 1; 1901 c 101 § 1; RRS § 499.]
Severability—1981 c 19: See note following RCW 46.63.020.
42.16.030
42.16.030 Disposition of fees. All officers enumerated
in *this section, who are paid a salary in lieu of fees, shall collect the fees herein prescribed for the use of the state or
county, as the case may be, and shall pay the same into the
state or county treasury, as the case may be, on the first Monday of each month. [1907 c 56 § 1, part; RRS § 4217. Prior:
1903 c 151 § 1, part; 1893 c 130 § 1, part.]
*Reviser's note: The term "this section" refers to 1907 c 56 § 1, of
which RCW 42.16.030 is but a part. The other parts of 1907 c 56 § 1, as
amended, are codified as RCW 2.32.070 (supreme court clerk's fees),
2.40.010 (witnesses' fees), 36.18.020 (superior court clerks' fees), 36.18.040
(sheriff's fees), 36.18.010 (county auditor's fees), 36.18.030 (county coroner's fees), 2.36.150 (jurors' fees), 3.16.100 (constables' fees), and 42.28.090
(notaries' fees).
42.17.130
42.17.131
42.17.135
Forbids use of public office or agency facilities in campaigns.
Exemption from RCW 42.17.130.
Earmarked contributions.
42.17.150
42.17.155
42.17.160
42.17.170
42.17.172
42.17.175
Registration of lobbyists.
Photograph and information—Booklet—Publication.
Exemption from registration.
Reporting by lobbyists.
Notification to person named in report.
Special reports—Lobbyists—Late contributions or large
totals.
Reports by employers of registered lobbyists, other persons.
Legislative activities of state agencies, other units of government, elective officials, employees.
Grass roots lobbying campaigns.
Employment of legislators, board or commission members,
or state employees—Statement, contents and filing.
Employment of unregistered persons.
Lobbyists' duties, restrictions.
LOBBYIST REPORTING
42.17.180
42.17.190
42.17.200
42.17.210
42.17.220
42.17.230
REPORTING OF PUBLIC OFFICIALS' FINANCIAL AFFAIRS
42.17.240
42.17.2401
42.17.241
42.17.242
42.17.243
Daily remittance of moneys to state treasury required: RCW 43.01.050.
42.16.040
42.16.040 Official fees payable in advance. All fees
are invariably due in advance where demanded by the officer
required to perform any official act, and no officer shall be
required to perform any official act unless his fees are paid
when he demands the same: PROVIDED, This section shall
not apply when the officer performs any official act for his
county or the state. [Code 1881 § 2099; 1869 p 374 § 21;
RRS § 505. Formerly codified as RCW 42.04.050.]
County officers, fees payable in advance: RCW 36.18.060.
County sheriff, demand of fees payable in advance: RCW 36.28.040.
Chapter 42.17 RCW
DISCLOSURE—CAMPAIGN FINANCES—
LOBBYING—RECORDS
Chapter 42.17
42.17.010
42.17.020
Declaration of policy.
Definitions.
CAMPAIGN FINANCING
42.17.030
42.17.035
42.17.040
42.17.050
42.17.060
42.17.065
42.17.067
42.17.070
42.17.080
42.17.090
42.17.093
42.17.095
42.17.100
42.17.103
42.17.105
42.17.110
42.17.120
42.17.125
42.17.128
REPORTING BY PUBLIC TREASURERS
42.17.245
Public accounts of governmental entities held by financial
institutions—Statements and reports—Contents—Filing.
42.17.250
42.17.251
42.17.255
42.17.258
42.17.260
42.17.270
42.17.280
42.17.290
42.17.295
42.17.300
42.17.305
42.17.310
42.17.311
Duty to publish procedures.
Construction.
Invasion of privacy, when.
Disclaimer of public liability.
Documents and indexes to be made public.
Facilities for copying—Availability of public records.
Times for inspection and copying.
Protection of public records—Public access.
Destruction of information relating to employee misconduct.
Charges for copying.
Other provisions not superseded.
Certain personal and other records exempt.
Duty to disclose or withhold information—Otherwise provided.
Medical records—Health care information.
Application for license or small loan endorsement under
chapter 31.45 RCW—Certain information exempt.
Electrical utility records, request by law enforcement agency.
Certain records obtained by colleges, universities, libraries,
or archives exempt.
Certain records of impaired physician program exempt.
Information on commercial fertilizer distribution exempt.
Information on concealed pistol licenses exempt.
Certain records of department of community, trade, and economic development exempt.
Identity of child victims of sexual assault exempt.
Infant mortality review.
Identification of viators regulated by the insurance commissioner exempt.
Insurance antifraud plans exempt.
Insurance information on certain material transactions
exempt.
Fireworks records exempt.
Agricultural business and commodity board and commission
records exempt.
Business information gathered under certain regulatory activities exempt.
American ginseng growers or dealers—Certain information
exempt.
Uniform Disciplinary Act complaints exempt.
Examination reports and information from financial institutions exempt.
Motor carrier information systems.
Marine employees salary surveys.
Rail fixed guideway system—Safety and security program
plan.
Service contract providers—Financial reports exempt.
PUBLIC RECORDS
42.17.312
42.17.313
42.17.314
42.17.315
Sections
Applicability—Exceptions.
Conservation district exception.
Statement of organization by political committees.
Treasurer—Depositories.
Deposit of contributions—Investment—Unidentified contributions—Cash contributions.
Filing and reporting by continuing political committee.
Fund-raising activities—Alternative reporting method.
Expenditures—Authorization of and restrictions on.
Reporting of contributions and expenditures—Inspection of
accounts.
Contents of report.
Out-of-state political committees—Reports.
Disposal of surplus funds.
Special reports—Independent expenditures.
Special reports—Political advertising.
Special reports—Late contributions or large totals—Certain
late contributions prohibited.
Commercial advertisers—Public inspection of documents—
Copies to commission.
Identification of contributions and communications.
Personal use of contributions—When permitted.
Use of public funds for political purposes.
[Title 42 RCW—page 10]
Elected and appointed officials, candidates, and appointees—
Reports of financial affairs and gifts.
"Executive state officer" defined.
Contents of report.
Concealing identity of source of payment prohibited—
Exception.
Public office fund—What constitutes, restrictions on use—
Reporting of—Disposal of remaining funds.
42.17.316
42.17.317
42.17.318
42.17.319
42.17.31901
42.17.31902
42.17.31903
42.17.31904
42.17.31905
42.17.31906
42.17.31907
42.17.31908
42.17.31909
42.17.31910
42.17.31911
42.17.31912
42.17.31913
42.17.31914
42.17.31915
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
42.17.31916
42.17.31917
42.17.31918
42.17.31919
42.17.31920
42.17.010
42.17.350
42.17.360
42.17.362
42.17.365
42.17.367
42.17.369
42.17.3691
42.17.370
42.17.375
42.17.380
42.17.390
42.17.395
42.17.397
42.17.400
42.17.405
42.17.410
42.17.420
42.17.430
42.17.440
42.17.450
42.17.460
42.17.461
42.17.463
42.17.465
42.17.467
42.17.469
42.17.471
42.17.930
42.17.940
42.17.945
42.17.950
42.17.955
42.17.960
42.17.961
42.17.962
ADMINISTRATION AND ENFORCEMENT
42.17.31921
42.17.320
42.17.325
42.17.330
42.17.340
42.17.341
42.17.348
Insurance information.
Insurance information—Proprietary or trade secret.
Agriculture records exempt—Apple merchants.
Public livestock market information exempt.
Department of social and health services reports for section
8, chapter 231, Laws of 2003.
Correctional industries class I work program information.
Prompt responses required.
Review of agency denial.
Court protection of public records.
Judicial review of agency actions.
Application of RCW 42.17.340.
Explanatory pamphlet.
Heating oil pollution liability protection act, certain information exempt
from chapter 42.17 RCW: RCW 70.149.090.
Public disclosure commission—Established—Membership—Prohibited activities—Compensation, travel
expenses.
Commission—Duties.
Toll-free telephone number.
Audits and investigations.
Web site for commission documents.
Electronic filing—Availability.
Electronic filing—When required.
Commission—Additional powers.
Reports filed with county elections official—Rules governing.
Secretary of state, attorney general—Duties.
Civil remedies and sanctions.
Violations—Determination by commission—Procedure.
Procedure upon petition for enforcement of order of commission—Court's order of enforcement.
Enforcement.
Suspension, reapplication of reporting requirements in small
political subdivisions.
Limitation on actions.
Date of mailing deemed date of receipt—Exceptions—Electronic filings.
Certification of reports.
Statements and reports public records.
Duty to preserve statements and reports.
Access to reports—Legislative intent.
Access goals.
Access performance measures.
Information technology plan—Contents.
Information technology plan—Consultation.
Information technology plan—Submission.
Access performance reports.
POLITICAL ADVERTISING
42.17.505
42.17.510
42.17.520
42.17.530
42.17.540
42.17.550
Definitions.
Identification of sponsor—Exemptions.
Picture of candidate.
False political advertising.
Responsibility for compliance.
Independent expenditure disclosure.
CAMPAIGN CONTRIBUTION LIMITATIONS
42.17.610
42.17.620
42.17.640
42.17.650
42.17.660
42.17.670
42.17.680
42.17.690
42.17.700
42.17.710
42.17.720
42.17.730
42.17.740
42.17.750
42.17.760
42.17.770
42.17.780
42.17.790
Findings.
Intent.
Limits specified—Exemptions.
Attribution and aggregation of family contributions.
Attribution of contributions by controlled entities.
Attribution of contributions generally—"Earmarking."
Limitations on employers or labor organizations.
Changing monetary limits.
Contributions before December 3, 1992.
Time limit for state official to solicit or accept contributions.
Restriction on loans.
Contributions on behalf of another.
Certain contributions required to be by written instrument.
Solicitation of contributions by public officials or employees.
Agency shop fees as contributions.
Solicitation of endorsement fees.
Reimbursement for contributions.
Prohibition on use of contributions for a different office.
TECHNICAL PROVISIONS
42.17.900
42.17.910
42.17.911
42.17.912
42.17.920
(2004 Ed.)
Effective date—1973 c 1.
Severability—1973 c 1.
Severability—1975 1st ex.s. c 294.
Severability—1975-'76 2nd ex.s. c 112.
Construction—1973 c 1.
Chapter, section headings not part of law.
Repealer—1973 c 1.
Construction—1975-'76 2nd ex.s. c 112.
Captions.
Short title—1993 c 2.
Effective date—1995 c 397.
Captions—1995 c 397.
Severability—1995 c 397.
Basic health plan records: RCW 70.47.150.
Boundary changes, factual information on: RCW 35.21.890.
Family and children's ombudsman: RCW 43.06A.050.
Private and confidential information—Requests for disclosure: RCW
50.13.015.
Secretary of state, materials specifically authorized to be printed and distributed by: RCW 43.07.140.
42.17.010
42.17.010 Declaration of policy. It is hereby declared
by the sovereign people to be the public policy of the state of
Washington:
(1) That political campaign and lobbying contributions
and expenditures be fully disclosed to the public and that
secrecy is to be avoided.
(2) That the people have the right to expect from their
elected representatives at all levels of government the utmost
of integrity, honesty, and fairness in their dealings.
(3) That the people shall be assured that the private
financial dealings of their public officials, and of candidates
for those offices, present no conflict of interest between the
public trust and private interest.
(4) That our representative form of government is
founded on a belief that those entrusted with the offices of
government have nothing to fear from full public disclosure
of their financial and business holdings, provided those officials deal honestly and fairly with the people.
(5) That public confidence in government at all levels is
essential and must be promoted by all possible means.
(6) That public confidence in government at all levels
can best be sustained by assuring the people of the impartiality and honesty of the officials in all public transactions and
decisions.
(7) That the concept of attempting to increase financial
participation of individual contributors in political campaigns
is encouraged by the passage of the Revenue Act of 1971 by
the Congress of the United States, and in consequence
thereof, it is desirable to have implementing legislation at the
state level.
(8) That the concepts of disclosure and limitation of election campaign financing are established by the passage of the
Federal Election Campaign Act of 1971 by the Congress of
the United States, and in consequence thereof it is desirable
to have implementing legislation at the state level.
(9) That small contributions by individual contributors
are to be encouraged, and that not requiring the reporting of
small contributions may tend to encourage such contributions.
(10) That the public's right to know of the financing of
political campaigns and lobbying and the financial affairs of
elected officials and candidates far outweighs any right that
these matters remain secret and private.
(11) That, mindful of the right of individuals to privacy
and of the desirability of the efficient administration of gov[Title 42 RCW—page 11]
42.17.020
Title 42 RCW: Public Officers and Agencies
ernment, full access to information concerning the conduct of
government on every level must be assured as a fundamental
and necessary precondition to the sound governance of a free
society.
The provisions of this chapter shall be liberally construed to promote complete disclosure of all information
respecting the financing of political campaigns and lobbying,
and the financial affairs of elected officials and candidates,
and full access to public records so as to assure continuing
public confidence of fairness of elections and governmental
processes, and so as to assure that the public interest will be
fully protected. In promoting such complete disclosure, however, this chapter shall be enforced so as to insure that the
information disclosed will not be misused for arbitrary and
capricious purposes and to insure that all persons reporting
under this chapter will be protected from harassment and
unfounded allegations based on information they have freely
disclosed. [1975 1st ex.s. c 294 § 1; 1973 c 1 § 1 (Initiative
Measure No. 276, approved November 7, 1972).]
42.17.020 Definitions. (1) "Agency" includes all state
agencies and all local agencies. "State agency" includes every
state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every
county, city, town, municipal corporation, quasi-municipal
corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency
thereof, or other local public agency.
(2) "Authorized committee" means the political committee authorized by a candidate, or by the public official against
whom recall charges have been filed, to accept contributions
or make expenditures on behalf of the candidate or public
official.
(3) "Ballot proposition" means any "measure" as defined
by *RCW 29.01.110, or any initiative, recall, or referendum
proposition proposed to be submitted to the voters of the state
or any municipal corporation, political subdivision, or other
voting constituency from and after the time when the proposition has been initially filed with the appropriate election
officer of that constituency prior to its circulation for signatures.
(4) "Benefit" means a commercial, proprietary, financial,
economic, or monetary advantage, or the avoidance of a commercial, proprietary, financial, economic, or monetary disadvantage.
(5) "Bona fide political party" means:
(a) An organization that has filed a valid certificate of
nomination with the secretary of state under **chapter 29.24
RCW;
(b) The governing body of the state organization of a
major political party, as defined in *RCW 29.01.090, that is
the body authorized by the charter or bylaws of the party to
exercise authority on behalf of the state party; or
(c) The county central committee or legislative district
committee of a major political party. There may be only one
legislative district committee for each party in each legislative district.
(6) "Depository" means a bank designated by a candidate
or political committee pursuant to RCW 42.17.050.
(7) "Treasurer" and "deputy treasurer" mean the individuals appointed by a candidate or political committee, pursu42.17.020
[Title 42 RCW—page 12]
ant to RCW 42.17.050, to perform the duties specified in that
section.
(8) "Candidate" means any individual who seeks nomination for election or election to public office. An individual
seeks nomination or election when he or she first:
(a) Receives contributions or makes expenditures or
reserves space or facilities with intent to promote his or her
candidacy for office;
(b) Announces publicly or files for office;
(c) Purchases commercial advertising space or broadcast
time to promote his or her candidacy; or
(d) Gives his or her consent to another person to take on
behalf of the individual any of the actions in (a) or (c) of this
subsection.
(9) "Caucus political committee" means a political committee organized and maintained by the members of a major
political party in the state senate or state house of representatives.
(10) "Commercial advertiser" means any person who
sells the service of communicating messages or producing
printed material for broadcast or distribution to the general
public or segments of the general public whether through the
use of newspapers, magazines, television and radio stations,
billboard companies, direct mail advertising companies,
printing companies, or otherwise.
(11) "Commission" means the agency established under
RCW 42.17.350.
(12) "Compensation" unless the context requires a narrower meaning, includes payment in any form for real or personal property or services of any kind: PROVIDED, That for
the purpose of compliance with RCW 42.17.241, the term
"compensation" shall not include per diem allowances or
other payments made by a governmental entity to reimburse
a public official for expenses incurred while the official is
engaged in the official business of the governmental entity.
(13) "Continuing political committee" means a political
committee that is an organization of continuing existence not
established in anticipation of any particular election campaign.
(14)(a) "Contribution" includes:
(i) A loan, gift, deposit, subscription, forgiveness of
indebtedness, donation, advance, pledge, payment, transfer
of funds between political committees, or anything of value,
including personal and professional services for less than full
consideration;
(ii) An expenditure made by a person in cooperation,
consultation, or concert with, or at the request or suggestion
of, a candidate, a political committee, or their agents;
(iii) The financing by a person of the dissemination, distribution, or republication, in whole or in part, of broadcast,
written, graphic, or other form of political advertising prepared by a candidate, a political committee, or its authorized
agent;
(iv) Sums paid for tickets to fund-raising events such as
dinners and parties, except for the actual cost of the consumables furnished at the event.
(b) "Contribution" does not include:
(i) Standard interest on money deposited in a political
committee's account;
(ii) Ordinary home hospitality;
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
(iii) A contribution received by a candidate or political
committee that is returned to the contributor within five business days of the date on which it is received by the candidate
or political committee;
(iv) A news item, feature, commentary, or editorial in a
regularly scheduled news medium that is of primary interest
to the general public, that is in a news medium controlled by
a person whose business is that news medium, and that is not
controlled by a candidate or a political committee;
(v) An internal political communication primarily limited to the members of or contributors to a political party
organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar
enterprise, or to the members of a labor organization or other
membership organization;
(vi) The rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign
workers not in excess of fifty dollars personally paid for by
the worker. "Volunteer services," for the purposes of this section, means services or labor for which the individual is not
compensated by any person;
(vii) Messages in the form of reader boards, banners, or
yard or window signs displayed on a person's own property or
property occupied by a person. However, a facility used for
such political advertising for which a rental charge is normally made must be reported as an in-kind contribution and
counts towards any applicable contribution limit of the person providing the facility;
(viii) Legal or accounting services rendered to or on
behalf of:
(A) A political party or caucus political committee if the
person paying for the services is the regular employer of the
person rendering such services; or
(B) A candidate or an authorized committee if the person
paying for the services is the regular employer of the individual rendering the services and if the services are solely for the
purpose of ensuring compliance with state election or public
disclosure laws.
(c) Contributions other than money or its equivalent are
deemed to have a monetary value equivalent to the fair market value of the contribution. Services or property or rights
furnished at less than their fair market value for the purpose
of assisting any candidate or political committee are deemed
a contribution. Such a contribution must be reported as an inkind contribution at its fair market value and counts towards
any applicable contribution limit of the provider.
(15) "Elected official" means any person elected at a
general or special election to any public office, and any person appointed to fill a vacancy in any such office.
(16) "Election" includes any primary, general, or special
election for public office and any election in which a ballot
proposition is submitted to the voters: PROVIDED, That an
election in which the qualifications for voting include other
than those requirements set forth in Article VI, section 1
(Amendment 63) of the Constitution of the state of Washington shall not be considered an election for purposes of this
chapter.
(17) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public
(2004 Ed.)
42.17.020
office and any campaign in support of, or in opposition to, a
ballot proposition.
(18) "Election cycle" means the period beginning on the
first day of December after the date of the last previous general election for the office that the candidate seeks and ending
on November 30th after the next election for the office. In the
case of a special election to fill a vacancy in an office, "election cycle" means the period beginning on the day the
vacancy occurs and ending on November 30th after the special election.
(19) "Expenditure" includes a payment, contribution,
subscription, distribution, loan, advance, deposit, or gift of
money or anything of value, and includes a contract, promise,
or agreement, whether or not legally enforceable, to make an
expenditure. The term "expenditure" also includes a promise
to pay, a payment, or a transfer of anything of value in
exchange for goods, services, property, facilities, or anything
of value for the purpose of assisting, benefiting, or honoring
any public official or candidate, or assisting in furthering or
opposing any election campaign. For the purposes of this
chapter, agreements to make expenditures, contracts, and
promises to pay may be reported as estimated obligations
until actual payment is made. The term "expenditure" shall
not include the partial or complete repayment by a candidate
or political committee of the principal of a loan, the receipt of
which loan has been properly reported.
(20) "Final report" means the report described as a final
report in RCW 42.17.080(2).
(21) "General election" for the purposes of RCW
42.17.640 means the election that results in the election of a
person to a state office. It does not include a primary.
(22) "Gift," is as defined in RCW 42.52.010.
(23) "Immediate family" includes the spouse, dependent
children, and other dependent relatives, if living in the household. For the purposes of RCW 42.17.640 through 42.17.790,
"immediate family" means an individual's spouse, and child,
stepchild, grandchild, parent, stepparent, grandparent,
brother, half brother, sister, or half sister of the individual and
the spouse of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother,
sister, or half sister of the individual's spouse and the spouse
of any such person.
(24) "Independent expenditure" means an expenditure
that has each of the following elements:
(a) It is made in support of or in opposition to a candidate
for office by a person who is not (i) a candidate for that office,
(ii) an authorized committee of that candidate for that office,
(iii) a person who has received the candidate's encouragement or approval to make the expenditure, if the expenditure
pays in whole or in part for political advertising supporting
that candidate or promoting the defeat of any other candidate
or candidates for that office, or (iv) a person with whom the
candidate has collaborated for the purpose of making the
expenditure, if the expenditure pays in whole or in part for
political advertising supporting that candidate or promoting
the defeat of any other candidate or candidates for that office;
(b) The expenditure pays in whole or in part for political
advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies
the candidate without using the candidate's name; and
[Title 42 RCW—page 13]
42.17.020
Title 42 RCW: Public Officers and Agencies
(c) The expenditure, alone or in conjunction with another
expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value of ***five
hundred dollars or more. A series of expenditures, each of
which is under five hundred dollars, constitutes one independent expenditure if their cumulative value is five hundred
dollars or more.
(25)(a) "Intermediary" means an individual who transmits a contribution to a candidate or committee from another
person unless the contribution is from the individual's
employer, immediate family as defined for purposes of RCW
42.17.640 through 42.17.790, or an association to which the
individual belongs.
(b) A treasurer or a candidate is not an intermediary for
purposes of the committee that the treasurer or candidate
serves.
(c) A professional fund-raiser is not an intermediary if
the fund-raiser is compensated for fund-raising services at the
usual and customary rate.
(d) A volunteer hosting a fund-raising event at the individual's home is not an intermediary for purposes of that
event.
(26) "Legislation" means bills, resolutions, motions,
amendments, nominations, and other matters pending or proposed in either house of the state legislature, and includes any
other matter that may be the subject of action by either house
or any committee of the legislature and all bills and resolutions that, having passed both houses, are pending approval
by the governor.
(27) "Lobby" and "lobbying" each mean attempting to
influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or other legislative enactment
of any state agency under the state Administrative Procedure
Act, chapter 34.05 RCW. Neither "lobby" nor "lobbying"
includes an association's or other organization's act of communicating with the members of that association or organization.
(28) "Lobbyist" includes any person who lobbies either
in his or her own or another's behalf.
(29) "Lobbyist's employer" means the person or persons
by whom a lobbyist is employed and all persons by whom he
or she is compensated for acting as a lobbyist.
(30) "Person" includes an individual, partnership, joint
venture, public or private corporation, association, federal,
state, or local governmental entity or agency however constituted, candidate, committee, political committee, political
party, executive committee thereof, or any other organization
or group of persons, however organized.
(31) "Person in interest" means the person who is the
subject of a record or any representative designated by that
person, except that if that person is under a legal disability,
the term "person in interest" means and includes the parent or
duly appointed legal representative.
(32) "Political advertising" includes any advertising displays, newspaper ads, billboards, signs, brochures, articles,
tabloids, flyers, letters, radio or television presentations, or
other means of mass communication, used for the purpose of
appealing, directly or indirectly, for votes or for financial or
other support in any election campaign.
[Title 42 RCW—page 14]
(33) "Political committee" means any person (except a
candidate or an individual dealing with his or her own funds
or property) having the expectation of receiving contributions
or making expenditures in support of, or opposition to, any
candidate or any ballot proposition.
(34) "Primary" for the purposes of RCW 42.17.640
means the procedure for nominating a candidate to state
office under ****chapter 29.18 or 29.21 RCW or any other
primary for an election that uses, in large measure, the procedures established in ****chapter 29.18 or 29.21 RCW.
(35) "Public office" means any federal, state, county,
city, town, school district, port district, special district, or
other state political subdivision elective office.
(36) "Public record" includes any writing containing
information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency
regardless of physical form or characteristics. For the office
of the secretary of the senate and the office of the chief clerk
of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the
following: All budget and financial records; personnel leave,
travel, and payroll records; records of legislative sessions;
reports submitted to the legislature; and any other record designated a public record by any official action of the senate or
the house of representatives.
(37) "Recall campaign" means the period of time beginning on the date of the filing of recall charges under
*****RCW 29.82.015 and ending thirty days after the recall
election.
(38) "State legislative office" means the office of a member of the state house of representatives or the office of a
member of the state senate.
(39) "State office" means state legislative office or the
office of governor, lieutenant governor, secretary of state,
attorney general, commissioner of public lands, insurance
commissioner, superintendent of public instruction, state
auditor, or state treasurer.
(40) "State official" means a person who holds a state
office.
(41) "Surplus funds" mean, in the case of a political committee or candidate, the balance of contributions that remain
in the possession or control of that committee or candidate
subsequent to the election for which the contributions were
received, and that are in excess of the amount necessary to
pay remaining debts incurred by the committee or candidate
prior to that election. In the case of a continuing political
committee, "surplus funds" mean those contributions remaining in the possession or control of the committee that are in
excess of the amount necessary to pay all remaining debts
when it makes its final report under RCW 42.17.065.
(42) "Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means of
recording any form of communication or representation,
including, but not limited to, letters, words, pictures, sounds,
or symbols, or combination thereof, and all papers, maps,
magnetic or paper tapes, photographic films and prints,
motion picture, film and video recordings, magnetic or
punched cards, discs, drums, diskettes, sound recordings, and
other documents including existing data compilations from
which information may be obtained or translated.
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
As used in this chapter, the singular shall take the plural
and any gender, the other, as the context requires. [2002 c 75
§ 1; 1995 c 397 § 1; 1992 c 139 § 1; 1991 sp.s. c 18 § 1; 1990
c 139 § 2. Prior: 1989 c 280 § 1; 1989 c 175 § 89; 1984 c 34
§ 5; 1979 ex.s. c 50 § 1; 1977 ex.s. c 313 § 1; 1975 1st ex.s. c
294 § 2; 1973 c 1 § 2 (Initiative Measure No. 276, approved
November 7, 1972).]
Reviser's note: *(1) RCW 29.01.110 and 29.01.090 were recodified as
RCW 29A.04.091 and 29A.04.085 pursuant to 2003 c 111 § 2401, effective
July 1, 2004. RCW 29A.04.085 was subsequently repealed by 2004 c 271 §
193.
**(2) Chapter 29.24 RCW was recodified as chapter 29A.20 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
***(3) The dollar amounts in this section have been adjusted for inflation by rule of the commission adopted under the authority of RCW
42.17.690. For current dollar amounts, see chapter 390-05 of the Washington
Administrative Code (WAC).
****(4) Chapters 29.18 and 29.21 RCW were recodified as chapter
29A.52 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
*****(5) RCW 29.82.015 was recodified as RCW 29A.56.120 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Legislative intent—1990 c 139: "The provisions of this act which
repeal the reporting requirements established by chapter 423, Laws of 1987
for registered lobbyists and employers of lobbyists are not intended to alter,
expand, or restrict whatsoever the definition of "lobby" or "lobbying" contained in RCW 42.17.020 as it existed prior to the enactment of chapter 423,
Laws of 1987." [1990 c 139 § 1.]
Effective date—1989 c 280: "This act shall take effect January 1,
1990." [1989 c 280 § 14.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1977 ex.s. c 313: "This 1977 amendatory act shall take
effect on January 1, 1978." [1977 ex.s. c 313 § 9.]
Severability—1977 ex.s. c 313: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 313 § 8.]
CAMPAIGN FINANCING
42.17.030
42.17.030 Applicability—Exceptions. The provisions
of this chapter relating to the financing of election campaigns
shall apply in all election campaigns other than (1) for precinct committee officer; (2) for a federal elective office; and
(3) for an office of a political subdivision of the state that
does not encompass a whole county and that contains fewer
than five thousand registered voters as of the date of the most
recent general election in the subdivision, unless required by
RCW 42.17.405(2) through (5). [1987 c 295 § 18; 1986 c 12
§ 1; 1985 c 367 § 2; 1977 ex.s. c 313 § 2; 1973 c 1 § 3 (Initiative Measure No. 276, approved November 7, 1972).]
Effective date—Severability—1977 ex.s. c 313: See notes following
RCW 42.17.020.
Cemetery district commissioners exempt from chapter: RCW 68.52.140,
68.52.220.
42.17.050
42.17.040
42.17.040 Statement of organization by political
committees. (1) Every political committee, within two
weeks after its organization or, within two weeks after the
date when it first has the expectation of receiving contributions or making expenditures in any election campaign,
whichever is earlier, shall file a statement of organization
with the commission and with the county auditor or elections
officer of the county in which the candidate resides, or in the
case of any other political committee, the county in which the
treasurer resides. A political committee organized within the
last three weeks before an election and having the expectation
of receiving contributions or making expenditures during and
for that election campaign shall file a statement of organization within three business days after its organization or when
it first has the expectation of receiving contributions or making expenditures in the election campaign.
(2) The statement of organization shall include but not be
limited to:
(a) The name and address of the committee;
(b) The names and addresses of all related or affiliated
committees or other persons, and the nature of the relationship or affiliation;
(c) The names, addresses, and titles of its officers; or if it
has no officers, the names, addresses, and titles of its responsible leaders;
(d) The name and address of its treasurer and depository;
(e) A statement whether the committee is a continuing
one;
(f) The name, office sought, and party affiliation of each
candidate whom the committee is supporting or opposing,
and, if the committee is supporting the entire ticket of any
party, the name of the party;
(g) The ballot proposition concerned, if any, and whether
the committee is in favor of or opposed to such proposition;
(h) What distribution of surplus funds will be made, in
accordance with RCW 42.17.095, in the event of dissolution;
(i) The street address of the place and the hours during
which the committee will make available for public inspection its books of account and all reports filed in accordance
with RCW 42.17.080; and
(j) Such other information as the commission may by
regulation prescribe, in keeping with the policies and purposes of this chapter.
(3) Any material change in information previously submitted in a statement of organization shall be reported to the
commission and to the appropriate county elections officer
within the ten days following the change. [1989 c 280 § 2;
1982 c 147 § 1; 1977 ex.s. c 336 § 1; 1975 1st ex.s. c 294 § 3;
1973 c 1 § 4 (Initiative Measure No. 276, approved November 7, 1972).]
Effective date—1989 c 280: See note following RCW 42.17.020.
42.17.035
42.17.035 Conservation district exception. Elections
of conservation district supervisors held pursuant to chapter
89.08 RCW shall not be considered general or special elections for purposes of the campaign disclosure and personal
financial affairs reporting requirements of this chapter.
Elected conservation district supervisors are not considered
elected officials for purposes of the annual personal financial
affairs reporting requirement of this chapter. [2002 c 43 § 4.]
Intent—Effective date—2002 c 43: See notes following RCW
29A.04.330.
(2004 Ed.)
Severability—1977 ex.s. c 336: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 336 § 8.]
Effective date—1973 c 1: See RCW 42.17.900.
42.17.050
42.17.050 Treasurer—Depositories. (1) Each candidate, within two weeks after becoming a candidate, and each
political committee, at the time it is required to file a statement of organization, shall designate and file with the com[Title 42 RCW—page 15]
42.17.060
Title 42 RCW: Public Officers and Agencies
mission and the appropriate county elections officer the
names and addresses of:
(a) One legally competent individual, who may be the
candidate, to serve as a treasurer; and
(b) A bank, mutual savings bank, savings and loan association, or credit union doing business in this state to serve as
depository and the name of the account or accounts maintained in it.
(2) A candidate, a political committee, or a treasurer may
appoint as many deputy treasurers as is considered necessary
and may designate not more than one additional depository in
each other county in which the campaign is conducted. The
candidate or political committee shall file the names and
addresses of the deputy treasurers and additional depositories
with the commission and the appropriate county elections
officer.
(3) A candidate may not knowingly establish, use, direct,
or control more than one political committee for the purpose
of supporting that candidate during a particular election campaign. This does not prohibit: (a) In addition to a candidate's
having his or her own political committee, the candidate's
participation in a political committee established to support a
slate of candidates which includes the candidate; or (b) joint
fund-raising efforts by candidates when a separate political
committee is established for that purpose and all contributions are disbursed to and accounted for on a pro rata basis by
the benefiting candidates.
(4)(a) A candidate or political committee may at any
time remove a treasurer or deputy treasurer or change a designated depository.
(b) In the event of the death, resignation, removal, or
change of a treasurer, deputy treasurer, or depository, the
candidate or political committee shall designate and file with
the commission and the appropriate county elections officer
the name and address of any successor.
(5) No treasurer, deputy treasurer, or depository may be
deemed to be in compliance with the provisions of this chapter until his name and address is filed with the commission
and the appropriate county elections officer. [1989 c 280 § 3;
1985 c 367 § 3; 1982 c 147 § 2; 1973 c 1 § 5 (Initiative Measure No. 276, approved November 7, 1972).]
Effective date—1989 c 280: See note following RCW 42.17.020.
42.17.060
42.17.060 Deposit of contributions—Investment—
Unidentified contributions—Cash contributions. (1) All
monetary contributions received by a candidate or political
committee shall be deposited by the treasurer or deputy treasurer in a depository in an account established and designated
for that purpose. Such deposits shall be made within five
business days of receipt of the contribution.
(2) Political committees which support or oppose more
than one candidate or ballot proposition, or exist for more
than one purpose, may maintain multiple separate bank
accounts within the same designated depository for such purpose: PROVIDED, That each such account shall bear the
same name followed by an appropriate designation which
accurately identifies its separate purpose: AND PROVIDED
FURTHER, That transfers of funds which must be reported
under *RCW 42.17.090(1)(d) may not be made from more
than one such account.
[Title 42 RCW—page 16]
(3) Nothing in this section prohibits a candidate or political committee from investing funds on hand in a depository
in bonds, certificates, tax-exempt securities, or savings
accounts or other similar instruments in financial institutions
or mutual funds other than the depository: PROVIDED, That
the commission and the appropriate county elections officer
is notified in writing of the initiation and the termination of
the investment: PROVIDED FURTHER, That the principal
of such investment when terminated together with all interest,
dividends, and income derived from the investment are
deposited in the depository in the account from which the
investment was made and properly reported to the commission and the appropriate county elections officer prior to any
further disposition or expenditure thereof.
(4) Accumulated unidentified contributions, other than
those made by persons whose names must be maintained on
a separate and private list by a political committee's treasurer
pursuant to RCW 42.17.090(1)(b), which total in excess of
one percent of the total accumulated contributions received in
the current calendar year or three hundred dollars (whichever
is more), may not be deposited, used, or expended, but shall
be returned to the donor, if his identity can be ascertained. If
the donor cannot be ascertained, the contribution shall
escheat to the state, and shall be paid to the state treasurer for
deposit in the state general fund.
(5) A contribution of more than fifty dollars in currency
may not be accepted unless a receipt, signed by the contributor and by the candidate, treasurer, or deputy treasurer, is prepared and made a part of the campaign's or political committee's financial records. [1989 c 280 § 4; 1987 c 268 § 1; 1985
c 367 § 4; 1982 c 147 § 3; 1977 ex.s. c 313 § 3; 1975 1st ex.s.
c 294 § 4; 1973 c 1 § 6 (Initiative Measure No. 276, approved
November 7, 1972).]
*Reviser's note: RCW 42.17.090 was amended by 1989 c 280 § 9,
changing subsection (1)(d) to subsection (1)(e).
Effective date—1989 c 280: See note following RCW 42.17.020.
Effective date—Severability—1977 ex.s. c 313: See notes following
RCW 42.17.020.
42.17.065
42.17.065 Filing and reporting by continuing political committee. (1) In addition to the provisions of this section, a continuing political committee shall file and report on
the same conditions and at the same times as any other committee in accordance with the provisions of RCW 42.17.040,
42.17.050, and 42.17.060.
(2) A continuing political committee shall file with the
commission and the auditor or elections officer of the county
in which the committee maintains its office or headquarters
and if there is no such office or headquarters then in the
county in which the committee treasurer resides a report on
the tenth day of the month detailing its activities for the preceding calendar month in which the committee has received a
contribution or made an expenditure: PROVIDED, That
such report shall only be filed if either the total contributions
received or total expenditures made since the last such report
exceed two hundred dollars: PROVIDED FURTHER, That
after January 1, 2002, if the committee files with the commission electronically, it need not also file with the county auditor or elections officer. The report shall be on a form supplied
by the commission and shall include the following information:
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
(a) The information required by RCW 42.17.090;
(b) Each expenditure made to retire previously accumulated debts of the committee; identified by recipient, amount,
and date of payments;
(c) Such other information as the commission shall by
rule prescribe.
(3) If a continuing political committee shall make a contribution in support of or in opposition to a candidate or ballot
proposition within sixty days prior to the date on which such
candidate or ballot proposition will be voted upon, such continuing political committee shall report pursuant to RCW
42.17.080.
(4) A continuing political committee shall file reports as
required by this chapter until it is dissolved, at which time a
final report shall be filed. Upon submitting a final report, the
duties of the campaign treasurer shall cease and there shall be
no obligation to make any further reports.
(5) The campaign treasurer shall maintain books of
account accurately reflecting all contributions and expenditures on a current basis within five business days of receipt or
expenditure. During the eight days immediately preceding
the date of any election, for which the committee has
received any contributions or made any expenditures, the
books of account shall be kept current within one business
day and shall be open for public inspection in the same manner as provided for candidates and other political committees
in RCW 42.17.080(5).
(6) All reports filed pursuant to this section shall be certified as correct by the campaign treasurer.
(7) The campaign treasurer shall preserve books of
account, bills, receipts, and all other financial records of the
campaign or political committee for not less than five calendar years following the year during which the transaction
occurred. [2000 c 237 § 1; 1989 c 280 § 5; 1982 c 147 § 4;
1975 1st ex.s. c 294 § 5.]
Effective date—1989 c 280: See note following RCW 42.17.020.
42.17.067
42.17.067 Fund-raising activities—Alternative
reporting method. (1) Fund-raising activities which meet
the standards of subsection (2) of this section may be reported
in accordance with the provisions of this section in lieu of
reporting in accordance with RCW 42.17.080.
(2) Standards:
(a) The activity consists of one or more of the following:
(i) The retail sale of goods or services at a reasonable
approximation of the fair market value of each item or service
sold at the activity; or
(ii) A gambling operation which is licensed, conducted,
or operated in accordance with the provisions of chapter 9.46
RCW; or
(iii) A gathering where food and beverages are purchased, where the price of admission or the food and beverages is no more than twenty-five dollars; or
(iv) A concert, dance, theater performance, or similar
entertainment event where the price of admission is no more
than twenty-five dollars; or
(v) An auction or similar sale where the total fair market
value of items donated by any person for sale is no more than
fifty dollars; and
(2004 Ed.)
42.17.080
(b) No person responsible for receiving money at such
activity knowingly accepts payments from a single person at
or from such an activity to the candidate or committee aggregating more than fifty dollars unless the name and address of
the person making such payment together with the amount
paid to the candidate or committee are disclosed in the report
filed pursuant to subsection (6) of this section; and
(c) Such other standards as shall be established by rule of
the commission to prevent frustration of the purposes of this
chapter.
(3) All funds received from a fund-raising activity which
conforms with subsection (2) of this section shall be deposited within five business days of receipt by the treasurer or
deputy treasurer in the depository.
(4) At the time reports are required under RCW
42.17.080, the treasurer or deputy treasurer making the
deposit shall file with the commission and the appropriate
county elections officer a report of the fund-raising activity
which shall contain the following information:
(a) The date of the activity;
(b) A precise description of the fund-raising methods
used in the activity; and
(c) The total amount of cash receipts from persons, each
of whom paid no more than fifty dollars.
(5) The treasurer or deputy treasurer shall certify the
report is correct.
(6) The treasurer shall report pursuant to RCW
42.17.080 and 42.17.090: (a) The name and address and the
amount contributed of each person who contributes goods or
services with a fair market value of more than fifty dollars to
a fund-raising activity reported under subsection (4) of this
section, and (b) the name and address of each person whose
identity can be ascertained, and the amount paid, from whom
were knowingly received payments to the candidate or committee aggregating more than fifty dollars at or from such a
fund-raising activity. [1989 c 280 § 6; 1982 c 147 § 5; 1975'76 2nd ex.s. c 112 § 9.]
Effective date—1989 c 280: See note following RCW 42.17.020.
42.17.070
42.17.070 Expenditures—Authorization of and
restrictions on. No expenditures may be made or incurred
by any candidate or political committee except on the authority of the treasurer or the candidate, and a record of all such
expenditures shall be maintained by the treasurer.
No expenditure of more than fifty dollars may be made
in currency unless a receipt, signed by the recipient and by
the candidate or treasurer, is prepared and made a part of the
campaign's or political committee's financial records. [1989
c 280 § 7; 1985 c 367 § 5; 1973 c 1 § 7 (Initiative Measure
No. 276, approved November 7, 1972).]
Effective date—1989 c 280: See note following RCW 42.17.020.
42.17.080
42.17.080 Reporting of contributions and expenditures—Inspection of accounts. (1) On the day the treasurer
is designated, each candidate or political committee shall file
with the commission and the county auditor or elections
officer of the county in which the candidate resides, or in the
case of a political committee, the county in which the treasurer resides, in addition to any statement of organization
required under RCW 42.17.040 or 42.17.050, a report of all
[Title 42 RCW—page 17]
42.17.090
Title 42 RCW: Public Officers and Agencies
contributions received and expenditures made prior to that
date, if any.
(2) At the following intervals each treasurer shall file
with the commission and the county auditor or elections
officer of the county in which the candidate resides, or in the
case of a political committee, the county in which the committee maintains its office or headquarters, and if there is no
office or headquarters then in the county in which the treasurer resides, a report containing the information required by
RCW 42.17.090:
(a) On the twenty-first day and the seventh day immediately preceding the date on which the election is held; and
(b) On the tenth day of the first month after the election:
PROVIDED, That this report shall not be required following
a primary election from:
(i) A candidate whose name will appear on the subsequent general election ballot; or
(ii) Any continuing political committee; and
(c) On the tenth day of each month in which no other
reports are required to be filed under this section: PROVIDED, That such report shall only be filed if the committee
has received a contribution or made an expenditure in the preceding calendar month and either the total contributions
received or total expenditures made since the last such report
exceed two hundred dollars.
When there is no outstanding debt or obligation, and the
campaign fund is closed, and the campaign is concluded in all
respects, and in the case of a political committee, the committee has ceased to function and has dissolved, the treasurer
shall file a final report. Upon submitting a final report, the
duties of the treasurer shall cease and there shall be no obligation to make any further reports.
The report filed twenty-one days before the election shall
report all contributions received and expenditures made as of
the end of the fifth business day before the date of the report.
The report filed seven days before the election shall report all
contributions received and expenditures made as of the end
of the one business day before the date of the report. Reports
filed on the tenth day of the month shall report all contributions received and expenditures made from the closing date
of the last report filed through the last day of the month preceding the date of the current report.
(3) For the period beginning the first day of the fourth
month preceding the date on which the special or general
election is held and ending on the date of that election, each
Monday the treasurer shall file with the commission and the
appropriate county elections officer a report of each bank
deposit made during the previous seven calendar days. The
report shall contain the name of each person contributing the
funds so deposited and the amount contributed by each person. However, contributions of no more than twenty-five dollars in the aggregate from any one person may be deposited
without identifying the contributor. A copy of the report shall
be retained by the treasurer for his or her records. In the event
of deposits made by a deputy treasurer, the copy shall be forwarded to the treasurer for his or her records. Each report
shall be certified as correct by the treasurer or deputy treasurer making the deposit.
(4) If a city requires that candidates or committees for
city offices file reports with a city agency, the candidate or
[Title 42 RCW—page 18]
treasurer so filing need not also file the report with the county
auditor or elections officer.
(5) The treasurer or candidate shall maintain books of
account accurately reflecting all contributions and expenditures on a current basis within five business days of receipt or
expenditure. During the eight days immediately preceding
the date of the election the books of account shall be kept current within one business day. As specified in the committee's
statement of organization filed under RCW 42.17.040, the
books of account must be open for public inspection as follows:
(a) For at least two consecutive hours between 8:00 a.m.
and 8:00 p.m. on the eighth day immediately before the election, except when it is a legal holiday, in which case on the
seventh day immediately before the election, at the principal
headquarters or, if there is no headquarters, at the address of
the treasurer or such other place as may be authorized by the
commission; and
(b) By appointment for inspections to be conducted at
the designated place for inspections between 8:00 a.m. and
8:00 p.m. on any other day from the seventh day through the
day immediately before the election, other than Saturday,
Sunday, or a legal holiday. It is a violation of this chapter for
a candidate or political committee to refuse to allow and keep
an appointment for an inspection to be conducted during
these authorized times and days in the week prior to the election. The appointment must be allowed at an authorized time
and day for such inspections that is within twenty-four hours
of the time and day that is requested for the inspection.
(6) The treasurer or candidate shall preserve books of
account, bills, receipts, and all other financial records of the
campaign or political committee for not less than five calendar years following the year during which the transaction
occurred.
(7) All reports filed pursuant to subsection (1) or (2) of
this section shall be certified as correct by the candidate and
the treasurer.
(8) Copies of all reports filed pursuant to this section
shall be readily available for public inspection for at least two
consecutive hours Monday through Friday, excluding legal
holidays, between 8:00 a.m. and 8:00 p.m., as specified in the
committee's statement of organization filed pursuant to RCW
42.17.040, at the principal headquarters or, if there is no
headquarters, at the address of the treasurer or such other
place as may be authorized by the commission.
(9) After January 1, 2002, a report that is filed with the
commission electronically need not also be filed with the
county auditor or elections officer.
(10) The commission shall adopt administrative rules
establishing requirements for filer participation in any system
designed and implemented by the commission for the electronic filing of reports. [2002 c 75 § 2; 2000 c 237 § 2; 1999
c 401 § 13; 1995 c 397 § 2; 1989 c 280 § 8; 1986 c 28 § 1;
1982 c 147 § 6; 1975 1st ex.s. c 294 § 6; 1973 c 1 § 8 (Initiative Measure No. 276, approved November 7, 1972).]
Effective date—1989 c 280: See note following RCW 42.17.020.
42.17.090
42.17.090 Contents of report. (1) Each report required
under RCW 42.17.080 (1) and (2) shall disclose the following:
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
(a) The funds on hand at the beginning of the period;
(b) The name and address of each person who has made
one or more contributions during the period, together with the
money value and date of such contributions and the aggregate
value of all contributions received from each such person
during the campaign or in the case of a continuing political
committee, the current calendar year: PROVIDED, That
pledges in the aggregate of less than one hundred dollars
from any one person need not be reported: PROVIDED
FURTHER, That the income which results from a fund-raising activity conducted in accordance with RCW 42.17.067
may be reported as one lump sum, with the exception of that
portion of such income which was received from persons
whose names and addresses are required to be included in the
report required by RCW 42.17.067: PROVIDED FURTHER, That contributions of no more than twenty-five dollars in the aggregate from any one person during the election
campaign may be reported as one lump sum so long as the
campaign treasurer maintains a separate and private list of the
name, address, and amount of each such contributor: PROVIDED FURTHER, That the money value of contributions
of postage shall be the face value of such postage;
(c) Each loan, promissory note, or security instrument to
be used by or for the benefit of the candidate or political committee made by any person, together with the names and
addresses of the lender and each person liable directly, indirectly or contingently and the date and amount of each such
loan, promissory note, or security instrument;
(d) All other contributions not otherwise listed or
exempted;
(e) The name and address of each candidate or political
committee to which any transfer of funds was made, together
with the amounts and dates of such transfers;
(f) The name and address of each person to whom an
expenditure was made in the aggregate amount of more than
fifty dollars during the period covered by this report, and the
amount, date, and purpose of each such expenditure. A candidate for state executive or state legislative office or the
political committee of such a candidate shall report this information for an expenditure under one of the following categories, whichever is appropriate: (i) Expenditures for the election of the candidate; (ii) expenditures for nonreimbursed
public office-related expenses; (iii) expenditures required to
be reported under (e) of this subsection; or (iv) expenditures
of surplus funds and other expenditures. The report of such a
candidate or committee shall contain a separate total of
expenditures for each category and a total sum of all expenditures. Other candidates and political committees need not
report information regarding expenditures under the categories listed in (i) through (iv) of this subsection or under similar such categories unless required to do so by the commission by rule. The report of such an other candidate or committee shall also contain the total sum of all expenditures;
(g) The name and address of each person to whom any
expenditure was made directly or indirectly to compensate
the person for soliciting or procuring signatures on an initiative or referendum petition, the amount of such compensation
to each such person, and the total of the expenditures made
for this purpose. Such expenditures shall be reported under
this subsection (1)(g) whether the expenditures are or are not
also required to be reported under (f) of this subsection;
(2004 Ed.)
42.17.093
(h) The name and address of any person and the amount
owed for any debt, obligation, note, unpaid loan, or other liability in the amount of more than two hundred fifty dollars or
in the amount of more than fifty dollars that has been outstanding for over thirty days;
(i) The surplus or deficit of contributions over expenditures;
(j) The disposition made in accordance with RCW
42.17.095 of any surplus funds; and
(k) Such other information as shall be required by the
commission by rule in conformance with the policies and
purposes of this chapter.
(2) The treasurer and the candidate shall certify the correctness of each report. [2003 c 123 § 1; 1993 c 256 § 6; 1989
c 280 § 9. Prior: 1986 c 228 § 1; 1986 c 12 § 2; 1983 c 96 §
1; 1982 c 147 § 7; 1977 ex.s. c 336 § 2; 1975-'76 2nd ex.s. c
112 § 3; 1975 1st ex.s. c 294 § 7; 1973 c 1 § 9 (Initiative Measure No. 276, approved November 7, 1972).]
Severability—Effective date—1993 c 256: See notes following RCW
29.79.500.
Effective date—1989 c 280: See note following RCW 42.17.020.
Severability—1977 ex.s. c 336: See note following RCW 42.17.040.
Appearance of fairness doctrine—Application to candidates for public
office—Campaign contributions: RCW 42.36.040, 42.36.050.
42.17.093
42.17.093 Out-of-state political committees—
Reports. (1) An out-of-state political committee organized
for the purpose of supporting or opposing candidates or ballot
propositions in another state that is not otherwise required to
report under RCW 42.17.040 through 42.17.090 shall report
as required in this section when it makes an expenditure supporting or opposing a Washington state candidate or political
committee. The committee shall file with the commission a
statement disclosing:
(a) Its name and address;
(b) The purposes of the out-of-state committee;
(c) The names, addresses, and titles of its officers or, if it
has no officers, the names, addresses, and the titles of its
responsible leaders;
(d) The name, office sought, and party affiliation of each
candidate in the state of Washington whom the out-of-state
committee is supporting or opposing and, if such committee
is supporting or opposing the entire ticket of any party, the
name of the party;
(e) The ballot proposition supported or opposed in the
state of Washington, if any, and whether such committee is in
favor of or opposed to such proposition;
(f) The name and address of each person residing in the
state of Washington or corporation which has a place of business in the state of Washington who has made one or more
contributions in the aggregate of more than twenty-five dollars to the out-of-state committee during the current calendar
year, together with the money value and date of such contributions;
(g) The name and address of each person in the state of
Washington to whom an expenditure was made by the out-ofstate committee with respect to a candidate or political committee in the aggregate amount of more than fifty dollars, the
amount, date, and purpose of such expenditure, and the total
sum of such expenditures; and
[Title 42 RCW—page 19]
42.17.095
Title 42 RCW: Public Officers and Agencies
(h) Such other information as the commission may prescribe by rule in keeping with the policies and purposes of
this chapter.
(2) Each statement shall be filed no later than the twentieth day of the month following any month in which a contribution or other expenditure reportable under subsection (1) of
this section is made. An out-of-state committee incurring an
obligation to file additional statements in a calendar year may
satisfy the obligation by timely filing reports that supplement
previously filed information.
(3) A political committee required to file campaign
reports with the federal election commission or its successor
is exempt from reporting under this section. [2003 c 123 § 2.]
42.17.095
42.17.095 Disposal of surplus funds. The surplus
funds of a candidate, or of a political committee supporting or
opposing a candidate, may only be disposed of in any one or
more of the following ways:
(1) Return the surplus to a contributor in an amount not
to exceed that contributor's original contribution;
(2) Transfer the surplus to the candidate's personal
account as reimbursement for lost earnings incurred as a
result of that candidate's election campaign. Such lost earnings shall be verifiable as unpaid salary or, when the candidate is not salaried, as an amount not to exceed income
received by the candidate for services rendered during an
appropriate, corresponding time period. All lost earnings
incurred shall be documented and a record thereof shall be
maintained by the candidate or the candidate's political committee. The committee shall include a copy of such record
when its expenditure for such reimbursement is reported pursuant to RCW 42.17.090;
(3) Transfer the surplus without limit to a political party
or to a caucus political committee;
(4) Donate the surplus to a charitable organization registered in accordance with chapter 19.09 RCW;
(5) Transmit the surplus to the state treasurer for deposit
in the general fund; or
(6) Hold the surplus in the campaign depository or
depositories designated in accordance with RCW 42.17.050
for possible use in a future election campaign for the same
office last sought by the candidate and report any such disposition in accordance with RCW 42.17.090: PROVIDED,
That if the candidate subsequently announces or publicly
files for office, information as appropriate is reported to the
commission in accordance with RCW 42.17.040 through
42.17.090. If a subsequent office is not sought the surplus
held shall be disposed of in accordance with the requirements
of this section.
(7) Hold the surplus campaign funds in a separate
account for nonreimbursed public office-related expenses or
as provided in this section, and report any such disposition in
accordance with RCW 42.17.090. The separate account
required under this subsection shall not be used for deposits
of campaign funds that are not surplus.
(8) No candidate or authorized committee may transfer
funds to any other candidate or other political committee.
The disposal of surplus funds under this section shall not
be considered a contribution for purposes of this chapter.
[1995 c 397 § 31; 1993 c 2 § 20 (Initiative Measure No. 134,
[Title 42 RCW—page 20]
approved November 3, 1992); 1982 c 147 § 8; 1977 ex.s. c
336 § 3.]
Severability—1977 ex.s. c 336: See note following RCW 42.17.040.
42.17.100
42.17.100 Special reports—Independent expenditures. (1) For the purposes of this section and RCW
42.17.550 the term "independent expenditure" means any
expenditure that is made in support of or in opposition to any
candidate or ballot proposition and is not otherwise required
to be reported pursuant to RCW 42.17.060, 42.17.080, or
42.17.090. "Independent expenditure" does not include: An
internal political communication primarily limited to the contributors to a political party organization or political action
committee, or the officers, management staff, and stockholders of a corporation or similar enterprise, or the members of a
labor organization or other membership organization; or the
rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental
expenses personally incurred by volunteer campaign workers
not in excess of fifty dollars personally paid for by the
worker. "Volunteer services," for the purposes of this section,
means services or labor for which the individual is not compensated by any person.
(2) Within five days after the date of making an independent expenditure that by itself or when added to all other such
independent expenditures made during the same election
campaign by the same person equals one hundred dollars or
more, or within five days after the date of making an independent expenditure for which no reasonable estimate of monetary value is practicable, whichever occurs first, the person
who made the independent expenditure shall file with the
commission and the county elections officer of the county of
residence for the candidate supported or opposed by the independent expenditure (or in the case of an expenditure made in
support of or in opposition to a local ballot proposition, the
county of residence for the person making the expenditure)
an initial report of all independent expenditures made during
the campaign prior to and including such date.
(3) At the following intervals each person who is
required to file an initial report pursuant to subsection (2) of
this section shall file with the commission and the county
elections officer of the county of residence for the candidate
supported or opposed by the independent expenditure (or in
the case of an expenditure made in support of or in opposition
to a ballot proposition, the county of residence for the person
making the expenditure) a further report of the independent
expenditures made since the date of the last report:
(a) On the twenty-first day and the seventh day preceding the date on which the election is held; and
(b) On the tenth day of the first month after the election;
and
(c) On the tenth day of each month in which no other
reports are required to be filed pursuant to this section. However, the further reports required by this subsection (3) shall
only be filed if the reporting person has made an independent
expenditure since the date of the last previous report filed.
The report filed pursuant to paragraph (a) of this subsection (3) shall be the final report, and upon submitting such
final report the duties of the reporting person shall cease, and
there shall be no obligation to make any further reports.
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
(4) All reports filed pursuant to this section shall be certified as correct by the reporting person.
(5) Each report required by subsections (2) and (3) of
this section shall disclose for the period beginning at the end
of the period for the last previous report filed or, in the case
of an initial report, beginning at the time of the first independent expenditure, and ending not more than one business day
before the date the report is due:
(a) The name and address of the person filing the report;
(b) The name and address of each person to whom an
independent expenditure was made in the aggregate amount
of more than fifty dollars, and the amount, date, and purpose
of each such expenditure. If no reasonable estimate of the
monetary value of a particular independent expenditure is
practicable, it is sufficient to report instead a precise description of services, property, or rights furnished through the
expenditure and where appropriate to attach a copy of the
item produced or distributed by the expenditure;
(c) The total sum of all independent expenditures made
during the campaign to date; and
(d) Such other information as shall be required by the
commission by rule in conformance with the policies and
purposes of this chapter. [1995 c 397 § 28; 1989 c 280 § 10;
1985 c 367 § 6; 1982 c 147 § 9; 1975-'76 2nd ex.s. c 112 § 4;
1973 c 1 § 10 (Initiative Measure No. 276, approved November 7, 1972).]
Effective date—1989 c 280: See note following RCW 42.17.020.
42.17.103
42.17.103 Special reports—Political advertising. (1)
The sponsor of political advertising who, within twenty-one
days of an election, publishes, mails, or otherwise presents to
the public political advertising supporting or opposing a candidate or ballot proposition that qualifies as an independent
expenditure with a fair market value of one thousand dollars
or more shall deliver, either electronically or in written form,
a special report to the commission within twenty-four hours
of, or on the first working day after, the date the political
advertising is first published, mailed, or otherwise presented
to the public.
(2) If a sponsor is required to file a special report under
this section, the sponsor shall also deliver to the commission
within the delivery period established in subsection (1) of this
section a special report for each subsequent independent
expenditure of any size supporting or opposing the same candidate who was the subject of the previous independent
expenditure, supporting or opposing that candidate's opponent, or supporting or opposing the same ballot proposition
that was the subject of the previous independent expenditure.
(3) The special report must include at least:
(a) The name and address of the person making the
expenditure;
(b) The name and address of the person to whom the
expenditure was made;
(c) A detailed description of the expenditure;
(d) The date the expenditure was made and the date the
political advertising was first published or otherwise presented to the public;
(e) The amount of the expenditure;
(f) The name of the candidate supported or opposed by
the expenditure, the office being sought by the candidate, and
(2004 Ed.)
42.17.105
whether the expenditure supports or opposes the candidate;
or the name of the ballot proposition supported or opposed by
the expenditure and whether the expenditure supports or
opposes the ballot proposition; and
(g) Any other information the commission may require
by rule.
(4) All persons required to report under RCW 42.17.080,
42.17.090, and 42.17.100 are subject to the requirements of
this section. The commission may determine that reports filed
pursuant to this section also satisfy the requirements of RCW
42.17.100.
(5) The sponsor of independent expenditures supporting
a candidate or opposing that candidate's opponent required to
report under this section shall file with each required report
an affidavit or declaration of the person responsible for making the independent expenditure that the expenditure was not
made in cooperation, consultation, or concert with, or at the
request or suggestion of, the candidate, the candidate's authorized committee, or the candidate's agent, or with the encouragement or approval of the candidate, the candidate's authorized committee, or the candidate's agent. [2001 c 54 § 1.]
Effective date—2001 c 54: "This act takes effect January 1, 2002."
[2001 c 54 § 4.]
42.17.105
42.17.105 Special reports—Late contributions or
large totals—Certain late contributions prohibited. (1)
Campaign treasurers shall prepare and deliver to the commission a special report regarding any contribution or aggregate
of contributions which: Is one thousand dollars or more; is
from a single person or entity; and is received during a special reporting period.
Any political committee making a contribution or an
aggregate of contributions to a single entity which is one
thousand dollars or more shall also prepare and deliver to the
commission the special report if the contribution or aggregate
of contributions is made during a special reporting period.
For the purposes of subsections (1) through (7) of this
section:
(a) Each of the following intervals is a special reporting
period: (i) The interval beginning after the period covered by
the last report required by RCW 42.17.080 and 42.17.090 to
be filed before a primary and concluding on the end of the
day before that primary; and (ii) the interval composed of the
twenty-one days preceding a general election; and
(b) An aggregate of contributions includes only those
contributions received from a single entity during any one
special reporting period or made by the contributing political
committee to a single entity during any one special reporting
period.
(2) If a campaign treasurer files a special report under
this section for one or more contributions received from a single entity during a special reporting period, the treasurer shall
also file a special report under this section for each subsequent contribution of any size which is received from that
entity during the special reporting period. If a political committee files a special report under this section for a contribution or contributions made to a single entity during a special
reporting period, the political committee shall also file a special report for each subsequent contribution of any size which
is made to that entity during the special reporting period.
[Title 42 RCW—page 21]
42.17.110
Title 42 RCW: Public Officers and Agencies
(3) Except as provided in subsection (4) of this section,
the special report required by this section shall be delivered
electronically or in written form, including but not limited to
mailgram, telegram, or nightletter. The special report
required of a contribution recipient by subsection (1) of this
section shall be delivered to the commission within fortyeight hours of the time, or on the first working day after: The
contribution of one thousand dollars or more is received by
the candidate or treasurer; the aggregate received by the candidate or treasurer first equals one thousand dollars or more;
or the subsequent contribution that must be reported under
subsection (2) of this section is received by the candidate or
treasurer. The special report required of a contributor by subsection (1) of this section or RCW 42.17.175 shall be delivered to the commission, and the candidate or political committee to whom the contribution or contributions are made,
within twenty-four hours of the time, or on the first working
day after: The contribution is made; the aggregate of contributions made first equals one thousand dollars or more; or the
subsequent contribution that must be reported under subsection (2) of this section is made.
(4) The special report may be transmitted orally by telephone to the commission to satisfy the delivery period
required by subsection (3) of this section if the written form
of the report is also mailed to the commission and postmarked within the delivery period established in subsection
(3) of this section or the file transfer date of the electronic filing is within the delivery period established in subsection (3)
of this section.
(5) The special report shall include at least:
(a) The amount of the contribution or contributions;
(b) The date or dates of receipt;
(c) The name and address of the donor;
(d) The name and address of the recipient; and
(e) Any other information the commission may by rule
require.
(6) Contributions reported under this section shall also
be reported as required by other provisions of this chapter.
(7) The commission shall prepare daily a summary of the
special reports made under this section and RCW 42.17.175.
(8) It is a violation of this chapter for any person to make,
or for any candidate or political committee to accept from any
one person, contributions reportable under RCW 42.17.090
in the aggregate exceeding fifty thousand dollars for any
campaign for statewide office or exceeding five thousand
dollars for any other campaign subject to the provisions of
this chapter within twenty-one days of a general election.
This subsection does not apply to contributions made by, or
accepted from, a bona fide political party as defined in this
chapter, excluding the county central committee or legislative district committee.
(9) Contributions governed by this section include, but
are not limited to, contributions made or received indirectly
through a third party or entity whether the contributions are
or are not reported to the commission as earmarked contributions under RCW 42.17.135. [2001 c 54 § 2; 1995 c 397 § 4;
1991 c 157 § 1; 1989 c 280 § 11; 1986 c 228 § 2; 1985 c 359
§ 1; 1983 c 176 § 1.]
Effective date—2001 c 54: See note following RCW 42.17.103.
Effective date—1989 c 280: See note following RCW 42.17.020.
[Title 42 RCW—page 22]
42.17.110 Commercial advertisers—Public inspection of documents—Copies to commission. (1) Each commercial advertiser who has accepted or provided political
advertising during the election campaign shall maintain open
for public inspection during the campaign and for a period of
no less than three years after the date of the applicable election, during normal business hours, documents and books of
account which shall specify:
(a) The names and addresses of persons from whom it
accepted political advertising;
(b) The exact nature and extent of the advertising services rendered; and
(c) The consideration and the manner of paying that consideration for such services.
(2) Each commercial advertiser which must comply with
subsection (1) of this section shall deliver to the commission,
upon its request, copies of such information as must be maintained open for public inspection pursuant to subsection (1)
of this section. [1975-'76 2nd ex.s. c 112 § 5; 1973 c 1 § 11
(Initiative Measure No. 276, approved November 7, 1972).]
42.17.110
42.17.120
42.17.120 Identification of contributions and communications. No contribution shall be made and no expenditure shall be incurred, directly or indirectly, in a fictitious
name, anonymously, or by one person through an agent, relative, or other person in such a manner as to conceal the identity of the source of the contribution or in any other manner
so as to effect concealment. [1975 1st ex.s. c 294 § 8; 1973 c
1 § 12 (Initiative Measure No. 276, approved November 7,
1972).]
42.17.125 Personal use of contributions—When permitted. Contributions received and reported in accordance
with RCW 42.17.060 through 42.17.090 may only be transferred to the personal account of a candidate, or of a treasurer
or other individual or expended for such individual's personal
use under the following circumstances:
(1) Reimbursement for or loans to cover lost earnings
incurred as a result of campaigning or services performed for
the political committee. Such lost earnings shall be verifiable
as unpaid salary, or when the individual is not salaried, as an
amount not to exceed income received by the individual for
services rendered during an appropriate, corresponding time
period. All lost earnings incurred shall be documented and a
record thereof shall be maintained by the individual or the
individual's political committee. The political committee
shall include a copy of such record when its expenditure for
such reimbursement is reported pursuant to RCW 42.17.090.
(2) Reimbursement for direct out-of-pocket election
campaign and postelection campaign related expenses made
by the individual. To receive reimbursement from the political committee, the individual shall provide the political committee with written documentation as to the amount, date, and
description of each expense, and the political committee shall
include a copy of such information when its expenditure for
such reimbursement is reported pursuant to RCW 42.17.090.
(3) Repayment of loans made by the individual to political committees, which repayment shall be reported pursuant
to RCW 42.17.090. However, contributions may not be used
to reimburse a candidate for loans totaling more than *three
thousand dollars made by the candidate to the candidate's
42.17.125
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
own political committee or campaign. [1995 c 397 § 29;
1993 c 2 § 21 (Initiative Measure No. 134, approved November 3, 1992); 1989 c 280 § 12; 1985 c 367 § 7; 1977 ex.s. c
336 § 6.]
*Reviser's note: The dollar amounts in this section have been adjusted
for inflation by rule of the commission adopted under the authority of RCW
42.17.690. For current dollar amounts, see chapter 390-05 of the Washington
Administrative Code (WAC).
Effective date—1989 c 280: See note following RCW 42.17.020.
Severability—1977 ex.s. c 336: See note following RCW 42.17.040.
42.17.128
42.17.128 Use of public funds for political purposes.
Public funds, whether derived through taxes, fees, penalties,
or any other sources, shall not be used to finance political
campaigns for state or local office. [1993 c 2 § 24 (Initiative
Measure No. 134, approved November 3, 1992).]
42.17.130
42.17.130 Forbids use of public office or agency facilities in campaigns. No elective official nor any employee of
his office nor any person appointed to or employed by any
public office or agency may use or authorize the use of any of
the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of
any person to any office or for the promotion of or opposition
to any ballot proposition. Facilities of public office or agency
include, but are not limited to, use of stationery, postage,
machines, and equipment, use of employees of the office or
agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons
served by the office or agency: PROVIDED, That the foregoing provisions of this section shall not apply to the following activities:
(1) Action taken at an open public meeting by members
of an elected legislative body to express a collective decision,
or to actually vote upon a motion, proposal, resolution, order,
or ordinance, or to support or oppose a ballot proposition so
long as (a) any required notice of the meeting includes the
title and number of the ballot proposition, and (b) members of
the legislative body or members of the public are afforded an
approximately equal opportunity for the expression of an
opposing view;
(2) A statement by an elected official in support of or in
opposition to any ballot proposition at an open press conference or in response to a specific inquiry;
(3) Activities which are part of the normal and regular
conduct of the office or agency. [1979 ex.s. c 265 § 2; 1975'76 2nd ex.s. c 112 § 6; 1973 c 1 § 13 (Initiative Measure No.
276, approved November 7, 1972).]
Disposition of violations before January 1, 1995: "Any violations
occurring prior to January 1, 1995, of any of the following laws shall be disposed of as if chapter 154, Laws of 1994 were not enacted and such laws
continued in full force and effect: RCW 42.17.130, chapter 42.18 RCW,
chapter 42.21 RCW, and chapter 42.22 RCW." [1994 c 154 § 226.]
42.17.131
42.17.131 Exemption from RCW 42.17.130. RCW
42.17.130 does not apply to any person who is a state officer
or state employee as defined in RCW 42.52.010. [1994 c 154
§ 317.]
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
(2004 Ed.)
42.17.150
42.17.135 Earmarked contributions. A candidate or
political committee receiving a contribution earmarked for
the benefit of another candidate or political committee shall:
(1) Report the contribution as required in RCW
42.17.080 and 42.17.090;
(2) Complete a report, entitled "Earmarked contributions," on a form prescribed by the commission by rule,
which identifies the name and address of the person who
made the contribution, the candidate or political committee
for whose benefit the contribution is earmarked, the amount
of the contribution, and the date on which the contribution
was received; and
(3) Notify the commission and the candidate or political
committee for whose benefit the contribution is earmarked
regarding the receipt of the contribution by mailing or delivering to the commission and to the candidate or committee a
copy of the "Earmarked contributions" report. Such notice
shall be given within two working days of receipt of the contribution.
A candidate or political committee receiving notification
of an earmarked contribution under subsection (3) of this section shall report the contribution, once the contribution is
received by the candidate or committee, in the same manner
as the receipt of any other contribution is disclosed in reports
required by RCW 42.17.080 and 42.17.090. [1989 c 280 §
13; 1986 c 228 § 3.]
42.17.135
Effective date—1989 c 280: See note following RCW 42.17.020.
LOBBYIST REPORTING
42.17.150
42.17.150 Registration of lobbyists. (1) Before doing
any lobbying, or within thirty days after being employed as a
lobbyist, whichever occurs first, a lobbyist shall register by
filing with the commission a lobbyist registration statement,
in such detail as the commission shall prescribe, showing:
(a) His name, permanent business address, and any temporary residential and business addresses in Thurston county
during the legislative session;
(b) The name, address and occupation or business of the
lobbyist's employer;
(c) The duration of his employment;
(d) His compensation for lobbying; how much he is to be
paid for expenses, and what expenses are to be reimbursed;
(e) Whether the person from whom he receives said
compensation employs him solely as a lobbyist or whether he
is a regular employee performing services for his employer
which include but are not limited to the influencing of legislation;
(f) The general subject or subjects of his legislative interest;
(g) A written authorization from each of the lobbyist's
employers confirming such employment;
(h) The name and address of the person who will have
custody of the accounts, bills, receipts, books, papers, and
documents required to be kept under this chapter;
(i) If the lobbyist's employer is an entity (including, but
not limited to, business and trade associations) whose members include, or which as a representative entity undertakes
lobbying activities for, businesses, groups, associations, or
organizations, the name and address of each member of such
entity or person represented by such entity whose fees, dues,
[Title 42 RCW—page 23]
42.17.155
Title 42 RCW: Public Officers and Agencies
payments, or other consideration paid to such entity during
either of the prior two years have exceeded five hundred dollars or who is obligated to or has agreed to pay fees, dues,
payments, or other consideration exceeding five hundred dollars to such entity during the current year.
(2) Any lobbyist who receives or is to receive compensation from more than one person for his services as a lobbyist
shall file a separate notice of representation with respect to
each such person; except that where a lobbyist whose fee for
acting as such in respect to the same legislation or type of legislation is, or is to be, paid or contributed to by more than one
person then such lobbyist may file a single statement, in
which he shall detail the name, business address and occupation of each person so paying or contributing, and the amount
of the respective payments or contributions made by each
such person.
(3) Whenever a change, modification, or termination of
the lobbyist's employment occurs, the lobbyist shall, within
one week of such change, modification or termination, furnish full information regarding the same by filing with the
commission an amended registration statement.
(4) Each lobbyist who has registered shall file a new registration statement, revised as appropriate, on the second
Monday in January of each odd-numbered year, and failure to
do so shall terminate his registration. [1987 c 201 § 1; 1982
c 147 § 10; 1973 c 1 § 15 (Initiative Measure No. 276,
approved November 7, 1972).]
42.17.155
42.17.155 Photograph and information—Booklet—
Publication. Each lobbyist shall at the time he or she registers submit to the commission a recent photograph of himself
or herself of a size and format as determined by rule of the
commission, together with the name of the lobbyist's
employer, the length of his or her employment as a lobbyist
before the legislature, a brief biographical description, and
any other information he or she may wish to submit not to
exceed fifty words in length. Such photograph and information shall be published at least biennially in a booklet form by
the commission for distribution to legislators and the public.
[1995 c 397 § 6; 1985 c 367 § 8; 1982 c 147 § 11; 1975 1st
ex.s. c 294 § 21.]
42.17.160
42.17.160 Exemption from registration. The following persons and activities shall be exempt from registration
and reporting under RCW 42.17.150, 42.17.170, and
42.17.200:
(1) Persons who limit their lobbying activities to appearing before public sessions of committees of the legislature, or
public hearings of state agencies;
(2) Activities by lobbyists or other persons whose participation has been solicited by an agency under RCW
34.05.310(2);
(3) News or feature reporting activities and editorial
comment by working members of the press, radio, or television and the publication or dissemination thereof by a newspaper, book publisher, regularly published periodical, radio
station, or television station;
(4) Persons who lobby without compensation or other
consideration for acting as a lobbyist: PROVIDED, Such
person makes no expenditure for or on behalf of any member
[Title 42 RCW—page 24]
of the legislature or elected official or public officer or
employee of the state of Washington in connection with such
lobbying. The exemption contained in this subsection is
intended to permit and encourage citizens of this state to
lobby any legislator, public official, or state agency without
incurring any registration or reporting obligation provided
they do not exceed the limits stated above. Any person
exempt under this subsection (4) may at his or her option register and report under this chapter;
(5) Persons who restrict their lobbying activities to no
more than four days or parts thereof during any three-month
period and whose total expenditures during such three-month
period for or on behalf of any one or more members of the
legislature or state elected officials or public officers or
employees of the state of Washington in connection with
such lobbying do not exceed twenty-five dollars: PROVIDED, That the commission shall promulgate regulations to
require disclosure by persons exempt under this subsection or
their employers or entities which sponsor or coordinate the
lobbying activities of such persons if it determines that such
regulations are necessary to prevent frustration of the purposes of this chapter. Any person exempt under this subsection (5) may at his or her option register and report under this
chapter;
(6) The governor;
(7) The lieutenant governor;
(8) Except as provided by RCW 42.17.190(1), members
of the legislature;
(9) Except as provided by RCW 42.17.190(1), persons
employed by the legislature for the purpose of aiding in the
preparation or enactment of legislation or the performance of
legislative duties;
(10) Elected officials, and officers and employees of any
agency reporting under RCW 42.17.190(5). [1998 c 55 § 3;
1995 c 397 § 32; 1982 c 147 § 12; 1977 ex.s. c 313 § 4; 1975
1st ex.s. c 294 § 9; 1973 c 1 § 16 (Initiative Measure No. 276,
approved November 7, 1972).]
Effective date—Severability—1977 ex.s. c 313: See notes following
RCW 42.17.020.
42.17.170
42.17.170 Reporting by lobbyists. (1) Any lobbyist
registered under RCW 42.17.150 and any person who lobbies
shall file with the commission periodic reports of his or her
activities signed by the lobbyist. The reports shall be made in
the form and manner prescribed by the commission. They
shall be due monthly and shall be filed within fifteen days
after the last day of the calendar month covered by the report.
(2) Each such monthly periodic report shall contain:
(a) The totals of all expenditures for lobbying activities
made or incurred by such lobbyist or on behalf of such lobbyist by the lobbyist's employer during the period covered by
the report. Such totals for lobbying activities shall be segregated according to financial category, including compensation; food and refreshments; living accommodations; advertising; travel; contributions; and other expenses or services.
Each individual expenditure of more than twenty-five dollars
for entertainment shall be identified by date, place, amount,
and the names of all persons in the group partaking in or of
such entertainment including any portion thereof attributable
to the lobbyist's participation therein, and shall include
amounts actually expended on each person where calculable,
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
or allocating any portion of the expenditure to individual participants.
Notwithstanding the foregoing, lobbyists are not
required to report the following:
(i) Unreimbursed personal living and travel expenses not
incurred directly for lobbying;
(ii) Any expenses incurred for his or her own living
accommodations;
(iii) Any expenses incurred for his or her own travel to
and from hearings of the legislature;
(iv) Any expenses incurred for telephone, and any office
expenses, including rent and salaries and wages paid for staff
and secretarial assistance.
(b) In the case of a lobbyist employed by more than one
employer, the proportionate amount of such expenditures in
each category incurred on behalf of each of his employers.
(c) An itemized listing of each such expenditure,
whether contributed by the lobbyist personally or delivered
or transmitted by the lobbyist, in the nature of a contribution
of money or of tangible or intangible personal property to any
candidate, elected official, or officer or employee of any
agency, or any political committee supporting or opposing
any ballot proposition, or for or on behalf of any candidate,
elected official, or officer or employee of any agency, or any
political committee supporting or opposing any ballot proposition. All contributions made to, or for the benefit of, any
candidate, elected official, or officer or employee of any
agency, or any political committee supporting or opposing
any ballot proposition shall be identified by date, amount,
and the name of the candidate, elected official, or officer or
employee of any agency, or any political committee supporting or opposing any ballot proposition receiving, or to be
benefited by each such contribution.
(d) The subject matter of proposed legislation or other
legislative activity or rule-making under chapter 34.05 RCW,
the state Administrative Procedure Act, and the state agency
considering the same, which the lobbyist has been engaged in
supporting or opposing during the reporting period, unless
exempt under RCW 42.17.160(2).
(e) Such other information relevant to lobbying activities
as the commission shall by rule prescribe. Information supporting such activities as are required to be reported is subject
to audit by the commission.
(f) A listing of each payment for an item specified in
RCW 42.52.150(5) in excess of fifty dollars and each item
specified in RCW 42.52.010(9) (d) and (f) made to a state
elected official, state officer, or state employee. Each item
shall be identified by recipient, date, and approximate value
of the item.
(g) The total expenditures made during the reporting
period by the lobbyist for lobbying purposes, whether
through or on behalf of a lobbyist or otherwise. As used in
this subsection, "expenditures" includes amounts paid or
incurred during the reporting period for (i) political advertising as defined in RCW 42.17.020; and (ii) public relations,
telemarketing, polling, or similar activities if such activities,
directly or indirectly, are intended, designed, or calculated to
influence legislation or the adoption or rejection of a rule,
standard, or rate by an agency under the administrative procedure act. The report shall specify the amount, the person to
(2004 Ed.)
42.17.180
whom the amount was paid, and a brief description of the
activity.
(3) If a state elected official or a member of such an official's immediate family is identified by a lobbyist in such a
report as having received from the lobbyist an item specified
in RCW 42.52.150(5) or 42.52.010(9) (d) or (f), the lobbyist
shall transmit to the official a copy of the completed form
used to identify the item in the report at the same time the
report is filed with the commission.
(4) The commission may adopt rules to vary the content
of lobbyist reports to address specific circumstances, consistent with this section. [1995 c 397 § 33; 1991 sp.s. c 18 § 2;
1990 c 139 § 3; 1989 c 175 § 90; 1987 c 423 § 1; 1985 c 367
§ 9; 1982 c 147 § 13; 1977 ex.s. c 313 § 5; 1975 1st ex.s. c
294 § 10; 1973 c 1 § 17 (Initiative Measure No. 276,
approved November 7, 1972).]
Effective date—1995 c 397 § 33: "Section 33 of this act takes effect
September 1, 1995." [1995 c 397 § 36.]
Legislative intent—1990 c 139: See note following RCW 42.17.020.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—Severability—1977 ex.s. c 313: See notes following
RCW 42.17.020.
42.17.172
42.17.172 Notification to person named in report.
When a listing or a report of contributions is made to the
commission under RCW 42.17.170(2)(c), a copy of the listing or report must be given to the candidate, elected official,
professional staff member of the legislature, or officer or
employee of an agency, or a political committee supporting
or opposing a ballot proposition named in the listing or
report. [1993 c 2 § 32 (Initiative Measure No. 134, approved
November 3, 1992).]
42.17.175
42.17.175 Special reports—Lobbyists—Late contributions or large totals. Any lobbyist registered under RCW
42.17.150, any person who lobbies, and any lobbyist's
employer making a contribution or an aggregate of contributions to a single entity that is one thousand dollars or more
during a special reporting period before a primary or general
election, as such period is specified in RCW 42.17.105(1),
shall file one or more special reports for the contribution or
aggregate of contributions and for subsequent contributions
made during that period under the same circumstances and to
the same extent that a contributing political committee must
file such a report or reports under RCW 42.17.105. Such a
special report shall be filed in the same manner provided
under RCW 42.17.105 for a special report of a contributing
political committee. [2001 c 54 § 3; 1991 c 157 § 2; 1985 c
359 § 2.]
Effective date—2001 c 54: See note following RCW 42.17.103.
42.17.180
42.17.180 Reports by employers of registered lobbyists, other persons. (1) Every employer of a lobbyist registered under this chapter during the preceding calendar year
and every person other than an individual that made contributions aggregating to more than *ten thousand dollars or independent expenditures aggregating to more than *five hundred
dollars during the preceding calendar year shall file with the
commission on or before the last day of February of each year
[Title 42 RCW—page 25]
42.17.190
Title 42 RCW: Public Officers and Agencies
a statement disclosing for the preceding calendar year the following information:
(a) The name of each state elected official and the name
of each candidate for state office who was elected to the
office and any member of the immediate family of those persons to whom the person reporting has paid any compensation in the amount of five hundred dollars or more during the
preceding calendar year for personal employment or professional services, including professional services rendered by a
corporation, partnership, joint venture, association, union, or
other entity in which the person holds any office, directorship, or any general partnership interest, or an ownership
interest of ten percent or more, the value of the compensation
in accordance with the reporting provisions set out in RCW
42.17.241(2), and the consideration given or performed in
exchange for the compensation.
(b) The name of each state elected official, successful
candidate for state office, or members of his immediate family to whom the person reporting made expenditures, directly
or indirectly, either through a lobbyist or otherwise, the
amount of the expenditures and the purpose for the expenditures. For the purposes of this subsection, the term expenditure shall not include any expenditure made by the employer
in the ordinary course of business if the expenditure is not
made for the purpose of influencing, honoring, or benefiting
the elected official, successful candidate, or member of his
immediate family, as an elected official or candidate.
(c) The total expenditures made by the person reporting
for lobbying purposes, whether through or on behalf of a registered lobbyist or otherwise.
(d) All contributions made to a political committee supporting or opposing a candidate for state office, or to a political committee supporting or opposing a statewide ballot
proposition. Such contributions shall be identified by the
name and the address of the recipient and the aggregate
amount contributed to each such recipient.
(e) The name and address of each registered lobbyist
employed by the person reporting and the total expenditures
made by such person for each such lobbyist for lobbying purposes.
(f) The names, offices sought, and party affiliations of
candidates for state offices supported or opposed by independent expenditures of the person reporting and the amount of
each such expenditure.
(g) The identifying proposition number and a brief
description of any statewide ballot proposition supported or
opposed by expenditures not reported under (d) of this subsection and the amount of each such expenditure.
(h) Such other information as the commission prescribes
by rule.
(2)(a) Except as provided in (b) of this subsection, an
employer of a lobbyist registered under this chapter shall file
a special report with the commission if the employer makes a
contribution or contributions aggregating more than one hundred dollars in a calendar month to any one of the following:
A candidate, elected official, officer or employee of an
agency, or political committee. The report shall identify the
date and amount of each such contribution and the name of
the candidate, elected official, agency officer or employee, or
political committee receiving the contribution or to be benefited by the contribution. The report shall be filed on a form
[Title 42 RCW—page 26]
prescribed by the commission and shall be filed within fifteen
days after the last day of the calendar month during which the
contribution was made.
(b) The provisions of (a) of this subsection do not apply
to a contribution which is made through a registered lobbyist
and reportable under RCW 42.17.170. [1993 c 2 § 27 (Initiative Measure No. 134, approved November 3, 1992); 1990 c
139 § 4; 1987 c 423 § 2; 1984 c 34 § 6; 1975 1st ex.s. c 294 §
11; 1973 c 1 § 18 (Initiative Measure No. 276, approved
November 7, 1972).]
*Reviser's note: The dollar amounts in this section have been adjusted
for inflation by rule of the commission adopted under the authority of RCW
42.17.370 or 42.17.690. For current dollar amounts, see Title 390 of the
Washington Administrative Code (WAC).
Legislative intent—1990 c 139: See note following RCW 42.17.020.
42.17.190
42.17.190 Legislative activities of state agencies,
other units of government, elective officials, employees.
(1) The house of representatives and the senate shall report
annually: The total budget; the portion of the total attributed
to staff; and the number of full-time and part-time staff positions by assignment, with dollar figures as well as number of
positions.
(2) Unless authorized by subsection (3) of this section or
otherwise expressly authorized by law, no public funds may
be used directly or indirectly for lobbying: PROVIDED,
This does not prevent officers or employees of an agency
from communicating with a member of the legislature on the
request of that member; or communicating to the legislature,
through the proper official channels, requests for legislative
action or appropriations which are deemed necessary for the
efficient conduct of the public business or actually made in
the proper performance of their official duties: PROVIDED
FURTHER, That this subsection does not apply to the legislative branch.
(3) Any agency, not otherwise expressly authorized by
law, may expend public funds for lobbying, but such lobbying activity shall be limited to (a) providing information or
communicating on matters pertaining to official agency business to any elected official or officer or employee of any
agency or (b) advocating the official position or interests of
the agency to any elected official or officer or employee of
any agency: PROVIDED, That public funds may not be
expended as a direct or indirect gift or campaign contribution
to any elected official or officer or employee of any agency.
For the purposes of this subsection, the term "gift" means a
voluntary transfer of any thing of value without consideration
of equal or greater value, but does not include informational
material transferred for the sole purpose of informing the
recipient about matters pertaining to official agency business.
This section does not permit the printing of a state publication
which has been otherwise prohibited by law.
(4) No elective official or any employee of his or her
office or any person appointed to or employed by any public
office or agency may use or authorize the use of any of the
facilities of a public office or agency, directly or indirectly, in
any effort to support or oppose an initiative to the legislature.
"Facilities of a public office or agency" has the same meaning
as in RCW 42.17.130 and 42.52.180. The provisions of this
subsection shall not apply to the following activities:
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
(a) Action taken at an open public meeting by members
of an elected legislative body to express a collective decision,
or to actually vote upon a motion, proposal, resolution, order,
or ordinance, or to support or oppose an initiative to the legislature so long as (i) any required notice of the meeting
includes the title and number of the initiative to the legislature, and (ii) members of the legislative body or members of
the public are afforded an approximately equal opportunity
for the expression of an opposing view;
(b) A statement by an elected official in support of or in
opposition to any initiative to the legislature at an open press
conference or in response to a specific inquiry;
(c) Activities which are part of the normal and regular
conduct of the office or agency;
(d) Activities conducted regarding an initiative to the
legislature that would be permitted under RCW 42.17.130
and 42.52.180 if conducted regarding other ballot measures.
(5) Each state agency, county, city, town, municipal corporation, quasi-municipal corporation, or special purpose
district which expends public funds for lobbying shall file
with the commission, except as exempted by (d) of this subsection, quarterly statements providing the following information for the quarter just completed:
(a) The name of the agency filing the statement;
(b) The name, title, and job description and salary of
each elected official, officer, or employee who lobbied, a
general description of the nature of the lobbying, and the proportionate amount of time spent on the lobbying;
(c) A listing of expenditures incurred by the agency for
lobbying including but not limited to travel, consultant or
other special contractual services, and brochures and other
publications, the principal purpose of which is to influence
legislation;
(d) For purposes of this subsection the term "lobbying"
does not include:
(i) Requests for appropriations by a state agency to the
office of financial management pursuant to chapter 43.88
RCW nor requests by the office of financial management to
the legislature for appropriations other than its own agency
budget requests;
(ii) Recommendations or reports to the legislature in
response to a legislative request expressly requesting or
directing a specific study, recommendation, or report by an
agency on a particular subject;
(iii) Official reports including recommendations submitted to the legislature on an annual or biennial basis by a state
agency as required by law;
(iv) Requests, recommendations, or other communication between or within state agencies or between or within
local agencies;
(v) Any other lobbying to the extent that it includes:
(A) Telephone conversations or preparation of written
correspondence;
(B) In-person lobbying on behalf of an agency of no
more than four days or parts thereof during any three-month
period by officers or employees of that agency and in-person
lobbying by any elected official of such agency on behalf of
such agency or in connection with the powers, duties, or compensation of such official: PROVIDED, That the total expenditures of nonpublic funds made in connection with such lobbying for or on behalf of any one or more members of the leg(2004 Ed.)
42.17.200
islature or state elected officials or public officers or
employees of the state of Washington do not exceed fifteen
dollars for any three-month period: PROVIDED FURTHER,
That the exemption under this subsection is in addition to the
exemption provided in (A) of this subsection;
(C) Preparation or adoption of policy positions.
The statements shall be in the form and the manner prescribed by the commission and shall be filed within one
month after the end of the quarter covered by the report.
(6) In lieu of reporting under subsection (5) of this section any county, city, town, municipal corporation, quasi
municipal corporation, or special purpose district may determine and so notify the public disclosure commission, that
elected officials, officers, or employees who on behalf of any
such local agency engage in lobbying reportable under subsection (5) of this section shall register and report such
reportable lobbying in the same manner as a lobbyist who is
required to register and report under RCW 42.17.150 and
42.17.170. Each such local agency shall report as a lobbyist
employer pursuant to RCW 42.17.180.
(7) The provisions of this section do not relieve any
elected official or officer or employee of an agency from
complying with other provisions of this chapter, if such
elected official, officer, or employee is not otherwise
exempted.
(8) The purpose of this section is to require each state
agency and certain local agencies to report the identities of
those persons who lobby on behalf of the agency for compensation, together with certain separately identifiable and measurable expenditures of an agency's funds for that purpose.
This section shall be reasonably construed to accomplish that
purpose and not to require any agency to report any of its general overhead cost or any other costs which relate only indirectly or incidentally to lobbying or which are equally attributable to or inseparable from nonlobbying activities of the
agency.
The public disclosure commission may adopt rules clarifying and implementing this legislative interpretation and
policy. [1995 c 397 § 7; 1986 c 239 § 1; 1979 ex.s. c 265 § 1;
1977 ex.s. c 313 § 6; 1975 1st ex.s. c 294 § 12; 1973 c 1 § 19
(Initiative Measure No. 276, approved November 7, 1972).]
Effective date—Severability—1977 ex.s. c 313: See notes following
RCW 42.17.020.
42.17.200
42.17.200 Grass roots lobbying campaigns. (1) Any
person who has made expenditures, not reported by a registered lobbyist under RCW 42.17.170 or by a candidate or
political committee under RCW 42.17.065 or 42.17.080,
exceeding *five hundred dollars in the aggregate within any
three-month period or exceeding *two hundred dollars in the
aggregate within any one-month period in presenting a program addressed to the public, a substantial portion of which is
intended, designed, or calculated primarily to influence legislation shall be required to register and report, as provided in
subsection (2) of this section, as a sponsor of a grass roots
lobbying campaign.
(2) Within thirty days after becoming a sponsor of a
grass roots lobbying campaign, the sponsor shall register by
filing with the commission a registration statement, in such
detail as the commission shall prescribe, showing:
[Title 42 RCW—page 27]
42.17.210
Title 42 RCW: Public Officers and Agencies
(a) The sponsor's name, address, and business or occupation, and, if the sponsor is not an individual, the names,
addresses, and titles of the controlling persons responsible for
managing the sponsor's affairs;
(b) The names, addresses, and business or occupation of
all persons organizing and managing the campaign, or hired
to assist the campaign, including any public relations or
advertising firms participating in the campaign, and the terms
of compensation for all such persons;
(c) The names and addresses of each person contributing
twenty-five dollars or more to the campaign, and the aggregate amount contributed;
(d) The purpose of the campaign, including the specific
legislation, rules, rates, standards, or proposals that are the
subject matter of the campaign;
(e) The totals of all expenditures made or incurred to
date on behalf of the campaign, which totals shall be segregated according to financial category, including but not limited to the following: Advertising, segregated by media, and
in the case of large expenditures (as provided by rule of the
commission), by outlet; contributions; entertainment, including food and refreshments; office expenses including rent and
the salaries and wages paid for staff and secretarial assistance, or the proportionate amount thereof paid or incurred
for lobbying campaign activities; consultants; and printing
and mailing expenses.
(3) Every sponsor who has registered under this section
shall file monthly reports with the commission, which reports
shall be filed by the tenth day of the month for the activity
during the preceding month. The reports shall update the
information contained in the sponsor's registration statement
and in prior reports and shall show contributions received and
totals of expenditures made during the month, in the same
manner as provided for in the registration statement.
(4) When the campaign has been terminated, the sponsor
shall file a notice of termination with the final monthly
report, which notice shall state the totals of all contributions
and expenditures made on behalf of the campaign, in the
same manner as provided for in the registration statement.
[1990 c 139 § 5; 1985 c 367 § 10; 1973 c 1 § 20 (Initiative
Measure No. 276, approved November 7, 1972).]
*Reviser's note: The dollar amounts in this section have been adjusted
for inflation by rule of the commission adopted under the authority of RCW
42.17.370. For current dollar amounts, see chapter 390-20 of the Washington
Administrative Code (WAC).
Legislative intent—1990 c 139: See note following RCW 42.17.020.
42.17.210
42.17.210 Employment of legislators, board or commission members, or state employees—Statement, contents and filing. If any person registered or required to be
registered as a lobbyist under this chapter employs, or if any
employer of any person registered or required to be registered
as a lobbyist under this chapter, employs any member of the
legislature, or any member of any state board or commission,
or any employee of the legislature, or any full-time state
employee, if such new employee shall remain in the partial
employ of the state or any agency thereof, then the new
employer shall file a statement under oath with the commission setting out the nature of the employment, the name of the
person to be paid thereunder, and the amount of pay or consideration to be paid thereunder. The statement shall be filed
[Title 42 RCW—page 28]
within fifteen days after the commencement of such employment. [1973 c 1 § 21 (Initiative Measure No. 276, approved
November 7, 1972).]
42.17.220
42.17.220 Employment of unregistered persons. It
shall be a violation of this chapter for any person to employ
for pay or any consideration, or pay or agree to pay any consideration to, a person to lobby who is not registered under
this chapter except upon condition that such person register
as a lobbyist as provided by this chapter, and such person
does in fact so register as soon as practicable. [1973 c 1 § 22
(Initiative Measure No. 276, approved November 7, 1972).]
42.17.230
42.17.230 Lobbyists' duties, restrictions. A person
required to register as a lobbyist under this chapter shall also
have the following obligations, the violation of which shall
constitute cause for revocation of his registration, and may
subject such person, and such person's employer, if such
employer aids, abets, ratifies, or confirms any such act, to
other civil liabilities, as provided by this chapter:
(1) Such persons shall obtain and preserve all accounts,
bills, receipts, books, papers, and documents necessary to
substantiate the financial reports required to be made under
this chapter for a period of at least five years from the date of
the filing of the statement containing such items, which
accounts, bills, receipts, books, papers, and documents shall
be made available for inspection by the commission at any
time: PROVIDED, That if a lobbyist is required under the
terms of his employment contract to turn any records over to
his employer, responsibility for the preservation of such
records under this subsection shall rest with such employer.
(2) In addition, a person required to register as a lobbyist
shall not:
(a) Engage in any activity as a lobbyist before registering
as such;
(b) Knowingly deceive or attempt to deceive any legislator as to any fact pertaining to any pending or proposed legislation;
(c) Cause or influence the introduction of any bill or
amendment thereto for the purpose of thereafter being
employed to secure its defeat;
(d) Knowingly represent an interest adverse to any of his
employers without first obtaining such employer's written
consent thereto after full disclosure to such employer of such
adverse interest;
(e) Exercise any undue influence, extortion, or unlawful
retaliation upon any legislator by reason of such legislator's
position with respect to, or his vote upon, any pending or proposed legislation;
(f) Enter into any agreement, arrangement, or understanding according to which his or her compensation, or any
portion thereof, is or will be contingent upon the success of
any attempt to influence legislation. [1987 c 201 § 2; 1982 c
147 § 14; 1973 c 1 § 23 (Initiative Measure No. 276,
approved November 7, 1972).]
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
REPORTING OF PUBLIC OFFICIALS'
FINANCIAL AFFAIRS
42.17.240
42.17.240 Elected and appointed officials, candidates, and appointees—Reports of financial affairs and
gifts. (1) Every elected official and every executive state
officer shall after January 1st and before April 15th of each
year file with the commission a statement of financial affairs
for the preceding calendar year. However, any local elected
official whose term of office expires immediately after
December 31st shall file the statement required to be filed by
this section for the year that ended on that December 31st.
(2) Every candidate shall within two weeks of becoming
a candidate file with the commission a statement of financial
affairs for the preceding twelve months.
(3) Every person appointed to a vacancy in an elective
office or executive state officer position shall within two
weeks of being so appointed file with the commission a statement of financial affairs for the preceding twelve months.
(4) A statement of a candidate or appointee filed during
the period from January 1st to April 15th shall cover the
period from January 1st of the preceding calendar year to the
time of candidacy or appointment if the filing of the statement would relieve the individual of a prior obligation to file
a statement covering the entire preceding calendar year.
(5) No individual may be required to file more than once
in any calendar year.
(6) Each statement of financial affairs filed under this
section shall be sworn as to its truth and accuracy.
(7) Every elected official and every executive state
officer shall file with their statement of financial affairs a
statement certifying that they have read and are familiar with
RCW 42.17.130 or 42.52.180, whichever is applicable.
(8) For the purposes of this section, the term "executive
state officer" includes those listed in RCW 42.17.2401.
(9) This section does not apply to incumbents or candidates for a federal office or the office of precinct committee
officer. [1995 c 397 § 8; 1993 c 2 § 31 (Initiative Measure
No. 134, approved November 3, 1992); 1989 c 158 § 1; 1987
c 295 § 19. Prior: 1984 c 125 § 14; 1984 c 34 § 1; 1983 c 161
§ 27; 1982 c 10 § 9; prior: 1981 c 311 § 20; 1981 c 67 § 15;
1979 ex.s. c 265 § 3; 1979 c 151 § 73; prior: 1975-'76 2nd
ex.s. c 112 § 7; 1975-'76 2nd ex.s. c 104 § 1 (Ref. Bill No.
36); 1975 1st ex.s. c 294 § 13; 1973 c 1 § 24 (Initiative Measure No. 276, approved November 7, 1972).]
Severability—Headings—Effective date—1984 c 125: See RCW
43.63A.901 through 43.63A.903.
Severability—Effective dates—1983 c 161: See RCW 43.180.903
and 43.180.904.
Severability—1982 c 10: See note following RCW 6.13.080.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
Cemetery district commissioners exempt from chapter: RCW 68.52.140,
68.52.220.
42.17.2401
42.17.2401 "Executive state officer" defined. For the
purposes of RCW 42.17.240, the term "executive state
officer" includes:
(1) The chief administrative law judge, the director of
agriculture, the administrator of the Washington basic health
plan, the director of the department of services for the blind,
(2004 Ed.)
42.17.2401
the director of the state system of community and technical
colleges, the director of community, trade, and economic
development, the secretary of corrections, the director of
ecology, the commissioner of employment security, the
chairman of the energy facility site evaluation council, the
secretary of the state finance committee, the director of financial management, the director of fish and wildlife, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general
administration, the secretary of health, the administrator of
the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the executive secretary of the horse racing commission, the executive
secretary of the human rights commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the director of
the interagency committee for outdoor recreation, the executive director of the state investment board, the director of
labor and industries, the director of licensing, the director of
the lottery commission, the director of the office of minority
and women's business enterprises, the director of parks and
recreation, the director of personnel, the executive director of
the public disclosure commission, the director of retirement
systems, the director of revenue, the secretary of social and
health services, the chief of the Washington state patrol, the
executive secretary of the board of tax appeals, the secretary
of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, the president of each of the regional and state universities and the
president of The Evergreen State College, each district and
each campus president of each state community college;
(2) Each professional staff member of the office of the
governor;
(3) Each professional staff member of the legislature;
and
(4) Central Washington University board of trustees,
board of trustees of each community college, each member of
the state board for community and technical colleges, state
convention and trade center board of directors, committee for
deferred compensation, Eastern Washington University
board of trustees, Washington economic development
finance authority, The Evergreen State College board of
trustees, executive ethics board, forest practices appeals
board, forest practices board, gambling commission, Washington health care facilities authority, each member of the
Washington health services commission, higher education
coordinating board, higher education facilities authority,
horse racing commission, state housing finance commission,
human rights commission, indeterminate sentence review
board, board of industrial insurance appeals, information services board, interagency committee for outdoor recreation,
state investment board, commission on judicial conduct, legislative ethics board, liquor control board, lottery commission, marine oversight board, Pacific Northwest electric
power and conservation planning council, parks and recreation commission, *personnel appeals board, board of pilotage commissioners, pollution control hearings board, public
disclosure commission, public pension commission, shorelines hearing board, public employees' benefits board,
salmon recovery funding board, board of tax appeals, trans[Title 42 RCW—page 29]
42.17.241
Title 42 RCW: Public Officers and Agencies
portation commission, University of Washington board of
regents, utilities and transportation commission, Washington
state maritime commission, Washington personnel resources
board, Washington public power supply system executive
board, Washington State University board of regents, Western Washington University board of trustees, and fish and
wildlife commission. [2001 c 36 § 1; 2001 c 9 § 1; 1996 c
186 § 504. Prior: 1995 c 399 § 60; 1995 c 397 § 10; prior:
1993 sp.s. c 2 § 18; 1993 c 492 § 488; 1993 c 281 § 43; 1991
c 200 § 404; 1991 c 3 § 293; prior: 1989 1st ex.s. c 9 § 812;
1989 c 279 § 22; 1989 c 158 § 2; 1988 c 36 § 13; 1987 c 504
§ 14; 1985 c 6 § 8; 1984 c 34 § 2.]
Reviser's note: *(1) The personnel appeals board was created by RCW
41.64.010, which was repealed by 2002 c 354 § 404, effective July 1, 2006.
(2) This section was amended by 2001 c 9 § 1 and by 2001 c 36 § 1,
each without reference to the other. Both amendments are incorporated in the
publication of this section under RCW 1.12.025(2). For rule of construction,
see RCW 1.12.025(1).
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1989 c 279: See RCW 43.163.901.
Alphabetization—1989 c 158 § 2: "When section 2 of this act is codified, the code reviser shall arrange the names of the agencies in each subsection in alphabetical order." [1989 c 158 § 3.] The names of the agencies in
the above section have been arranged according to the first distinctive word
of each agency's name.
Severability—Effective date—1987 c 504: See RCW 43.105.901 and
43.105.902.
42.17.241
42.17.241 Contents of report. (1) The statement of
financial affairs required by RCW 42.17.240 shall disclose
for the reporting individual and each member of his or her
immediate family:
(a) Occupation, name of employer, and business address;
and
(b) Each bank or savings account or insurance policy in
which any such person or persons owned a direct financial
interest that exceeded *five thousand dollars at any time during the reporting period; each other item of intangible personal property in which any such person or persons owned a
direct financial interest, the value of which exceeded *five
hundred dollars during the reporting period; the name,
address, and nature of the entity; and the nature and highest
value of each such direct financial interest during the reporting period; and
(c) The name and address of each creditor to whom the
value of *five hundred dollars or more was owed; the original
amount of each debt to each such creditor; the amount of each
debt owed to each creditor as of the date of filing; the terms
of repayment of each such debt; and the security given, if
any, for each such debt: PROVIDED, That debts arising out
[Title 42 RCW—page 30]
of a "retail installment transaction" as defined in chapter
63.14 RCW (Retail Installment Sales Act) need not be
reported; and
(d) Every public or private office, directorship, and position held as trustee; and
(e) All persons for whom any legislation, rule, rate, or
standard has been prepared, promoted, or opposed for current
or deferred compensation: PROVIDED, That for the purposes of this subsection, "compensation" does not include
payments made to the person reporting by the governmental
entity for which such person serves as an elected official or
state executive officer or professional staff member for his
service in office; the description of such actual or proposed
legislation, rules, rates, or standards; and the amount of current or deferred compensation paid or promised to be paid;
and
(f) The name and address of each governmental entity,
corporation, partnership, joint venture, sole proprietorship,
association, union, or other business or commercial entity
from whom compensation has been received in any form of a
total value of five hundred dollars or more; the value of the
compensation; and the consideration given or performed in
exchange for the compensation; and
(g) The name of any corporation, partnership, joint venture, association, union, or other entity in which is held any
office, directorship, or any general partnership interest, or an
ownership interest of ten percent or more; the name or title of
that office, directorship, or partnership; the nature of ownership interest; and with respect to each such entity: (i) With
respect to a governmental unit in which the official seeks or
holds any office or position, if the entity has received compensation in any form during the preceding twelve months
from the governmental unit, the value of the compensation
and the consideration given or performed in exchange for the
compensation; (ii) the name of each governmental unit, corporation, partnership, joint venture, sole proprietorship, association, union, or other business or commercial entity from
which the entity has received compensation in any form in
the amount of *two thousand five hundred dollars or more
during the preceding twelve months and the consideration
given or performed in exchange for the compensation: PROVIDED, That the term "compensation" for purposes of this
subsection (1)(g)(ii) does not include payment for water and
other utility services at rates approved by the Washington
state utilities and transportation commission or the legislative
authority of the public entity providing the service: PROVIDED, FURTHER, That with respect to any bank or commercial lending institution in which is held any office, directorship, partnership interest, or ownership interest, it shall
only be necessary to report either the name, address, and
occupation of every director and officer of the bank or commercial lending institution and the average monthly balance
of each account held during the preceding twelve months by
the bank or commercial lending institution from the governmental entity for which the individual is an official or candidate or professional staff member, or all interest paid by a
borrower on loans from and all interest paid to a depositor by
the bank or commercial lending institution if the interest
exceeds *six hundred dollars; and
(h) A list, including legal or other sufficient descriptions
as prescribed by the commission, of all real property in the
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
state of Washington, the assessed valuation of which exceeds
*two thousand five hundred dollars in which any direct financial interest was acquired during the preceding calendar year,
and a statement of the amount and nature of the financial
interest and of the consideration given in exchange for that
interest; and
(i) A list, including legal or other sufficient descriptions
as prescribed by the commission, of all real property in the
state of Washington, the assessed valuation of which exceeds
*two thousand five hundred dollars in which any direct financial interest was divested during the preceding calendar year,
and a statement of the amount and nature of the consideration
received in exchange for that interest, and the name and
address of the person furnishing the consideration; and
(j) A list, including legal or other sufficient descriptions
as prescribed by the commission, of all real property in the
state of Washington, the assessed valuation of which exceeds
*two thousand five hundred dollars in which a direct financial interest was held: PROVIDED, That if a description of
the property has been included in a report previously filed,
the property may be listed, for purposes of this provision, by
reference to the previously filed report; and
(k) A list, including legal or other sufficient descriptions
as prescribed by the commission, of all real property in the
state of Washington, the assessed valuation of which exceeds
*five thousand dollars, in which a corporation, partnership,
firm, enterprise, or other entity had a direct financial interest,
in which corporation, partnership, firm, or enterprise a ten
percent or greater ownership interest was held; and
(l) A list of each occasion, specifying date, donor, and
amount, at which food and beverage in excess of fifty dollars
was accepted under RCW 42.52.150(5); [and]
(m) A list of each occasion, specifying date, donor, and
amount, at which items specified in **RCW 42.52.010(9) (d)
and (f) were accepted; [and]
(n) Such other information as the commission may deem
necessary in order to properly carry out the purposes and policies of this chapter, as the commission shall prescribe by
rule.
(2) Where an amount is required to be reported under
subsection (1)(a) through (m) of this section, it shall be sufficient to comply with the requirement to report whether the
amount is less than *one thousand dollars, at least *one thousand dollars but less than *five thousand dollars, at least *five
thousand dollars but less than *ten thousand dollars, at least
*ten thousand dollars but less than *twenty-five thousand
dollars, or *twenty-five thousand dollars or more. An amount
of stock may be reported by number of shares instead of by
market value. No provision of this subsection may be interpreted to prevent any person from filing more information or
more detailed information than required.
(3) Items of value given to an official's or employee's
spouse or family member are attributable to the official or
employee, except the item is not attributable if an independent business, family, or social relationship exists between
the donor and the spouse or family member. [1995 c 397 § 9;
1984 c 34 § 3; 1979 ex.s. c 126 § 42.]
Reviser's note: *(1) The dollar amounts in this section have been
adjusted for inflation by rule of the commission adopted under the authority
of RCW 42.17.370. For current dollar amounts, see chapter 390-24 of the
Washington Administrative Code (WAC).
(2004 Ed.)
42.17.245
**(2) RCW 42.52.010 was amended by 1996 c 213 § 1, changing subsection (9) to subsection (10).
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
42.17.242
42.17.242 Concealing identity of source of payment
prohibited—Exception. No payment shall be made to any
person required to report under RCW 42.17.240 and no payment shall be accepted by any such person, directly or indirectly, in a fictitious name, anonymously, or by one person
through an agent, relative, or other person in such a manner
as to conceal the identity of the source of the payment or in
any other manner so as to effect concealment except that the
commission may issue categorical and specific exemptions to
the reporting of the actual source when there is an undisclosed principal for recognized legitimate business purposes.
[1977 ex.s. c 336 § 4.]
Severability—1977 ex.s. c 336: See note following RCW 42.17.040.
42.17.243
42.17.243 Public office fund—What constitutes,
restrictions on use—Reporting of—Disposal of remaining
funds.
Reviser's note: RCW 42.17.243 was amended by 1991 sp.s. c 18 § 4
without reference to its repeal by 1993 c 2 § 35 (Initiative Measure No. 134).
It has been decodified for publication purposes pursuant to RCW 1.12.025.
REPORTING BY PUBLIC TREASURERS
42.17.245
42.17.245 Public accounts of governmental entities
held by financial institutions—Statements and reports—
Contents—Filing. After January 1st and before April 15th
of each calendar year, the state treasurer, each county, public
utility district, and port district treasurer, and each treasurer
of an incorporated city or town whose population exceeds
one thousand shall file with the commission:
(1) A statement under oath that no public funds under
that treasurer's control were invested in any institution where
the treasurer or, in the case of a county, a member of the
county finance committee, held during the reporting period
an office, directorship, partnership interest, or ownership
interest; or
(2) A report disclosing for the previous calendar year:
(a) The name and address of each financial institution in
which the treasurer or, in the case of a county, a member of
the county finance committee, held during the reporting
period an office, directorship, partnership interest, or ownership interest which holds or has held during the reporting
period public accounts of the governmental entity for which
the treasurer is responsible; (b) the aggregate sum of time and
demand deposits held in each such financial institution on
December 31; and (c) the highest balance held at any time
during such reporting period: PROVIDED, That the state
treasurer shall disclose the highest balance information only
upon request under RCW 42.17.250 through 42.17.330. The
statement or report required by this section shall be filed
either with the statement required under RCW 42.17.240 or
separately. [1983 c 213 § 1; 1981 c 102 § 1; 1975-'76 2nd
ex.s. c 112 § 10.]
[Title 42 RCW—page 31]
42.17.250
Title 42 RCW: Public Officers and Agencies
PUBLIC RECORDS
42.17.250
42.17.250 Duty to publish procedures. (1) Each state
agency shall separately state and currently publish in the
Washington Administrative Code and each local agency shall
prominently display and make available for inspection and
copying at the central office of such local agency, for guidance of the public:
(a) Descriptions of its central and field organization and
the established places at which, the employees from whom,
and the methods whereby, the public may obtain information,
make submittals or requests, or obtain copies of agency decisions;
(b) Statements of the general course and method by
which its operations are channeled and determined, including
the nature and requirements of all formal and informal procedures available;
(c) Rules of procedure;
(d) Substantive rules of general applicability adopted as
authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by
the agency; and
(e) Each amendment or revision to, or repeal of any of
the foregoing.
(2) Except to the extent that he has actual and timely
notice of the terms thereof, a person may not in any manner
be required to resort to, or be adversely affected by, a matter
required to be published or displayed and not so published or
displayed. [1973 c 1 § 25 (Initiative Measure No. 276,
approved November 7, 1972).]
42.17.251
42.17.251 Construction. The people of this state do not
yield their sovereignty to the agencies that serve them. The
people, in delegating authority, do not give their public servants the right to decide what is good for the people to know
and what is not good for them to know. The people insist on
remaining informed so that they may maintain control over
the instruments that they have created. The public records
subdivision of this chapter shall be liberally construed and its
exemptions narrowly construed to promote this public policy.
[1992 c 139 § 2.]
42.17.255
42.17.255 Invasion of privacy, when. A person's
"right to privacy," "right of privacy," "privacy," or "personal
privacy," as these terms are used in this chapter, is invaded or
violated only if disclosure of information about the person:
(1) Would be highly offensive to a reasonable person, and (2)
is not of legitimate concern to the public. The provisions of
this chapter dealing with the right to privacy in certain public
records do not create any right of privacy beyond those rights
that are specified in this chapter as express exemptions from
the public's right to inspect, examine, or copy public records.
[1987 c 403 § 2.]
Intent—1987 c 403: "The legislature intends to restore the law relating
to the release of public records largely to that which existed prior to the
Washington Supreme Court decision in "In Re Rosier," 105 Wn.2d 606
(1986). The intent of this legislation is to make clear that: (1) Absent statutory provisions to the contrary, agencies possessing records should in
responding to requests for disclosure not make any distinctions in releasing
or not releasing records based upon the identity of the person or agency
which requested the records, and (2) agencies having public records should
rely only upon statutory exemptions or prohibitions for refusal to provide
[Title 42 RCW—page 32]
public records. Further, to avoid unnecessary confusion, "privacy" as used in
RCW 42.17.255 is intended to have the same meaning as the definition given
that word by the Supreme Court in "Hearst v. Hoppe," 90 Wn.2d 123, 135
(1978)." [1987 c 403 § 1.]
Severability—1987 c 403: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 403 § 7.]
42.17.258
42.17.258 Disclaimer of public liability. No public
agency, public official, public employee, or custodian shall
be liable, nor shall a cause of action exist, for any loss or
damage based upon the release of a public record if the public
agency, public official, public employee, or custodian acted
in good faith in attempting to comply with the provisions of
this chapter. [1992 c 139 § 11.]
42.17.260
42.17.260 Documents and indexes to be made public.
(1) Each agency, in accordance with published rules, shall
make available for public inspection and copying all public
records, unless the record falls within the specific exemptions
of subsection (6) of this section, RCW 42.17.310, 42.17.315,
or other statute which exempts or prohibits disclosure of specific information or records. To the extent required to prevent
an unreasonable invasion of personal privacy interests protected by RCW 42.17.310 and 42.17.315, an agency shall
delete identifying details in a manner consistent with RCW
42.17.310 and 42.17.315 when it makes available or publishes any public record; however, in each case, the justification for the deletion shall be explained fully in writing.
(2) For informational purposes, each agency shall publish and maintain a current list containing every law, other
than those listed in this chapter, that the agency believes
exempts or prohibits disclosure of specific information or
records of the agency. An agency's failure to list an exemption shall not affect the efficacy of any exemption.
(3) Each local agency shall maintain and make available
for public inspection and copying a current index providing
identifying information as to the following records issued,
adopted, or promulgated after January 1, 1973:
(a) Final opinions, including concurring and dissenting
opinions, as well as orders, made in the adjudication of cases;
(b) Those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted by
the agency;
(c) Administrative staff manuals and instructions to staff
that affect a member of the public;
(d) Planning policies and goals, and interim and final
planning decisions;
(e) Factual staff reports and studies, factual consultant's
reports and studies, scientific reports and studies, and any
other factual information derived from tests, studies, reports,
or surveys, whether conducted by public employees or others; and
(f) Correspondence, and materials referred to therein, by
and with the agency relating to any regulatory, supervisory,
or enforcement responsibilities of the agency, whereby the
agency determines, or opines upon, or is asked to determine
or opine upon, the rights of the state, the public, a subdivision
of state government, or of any private party.
(4) A local agency need not maintain such an index, if to
do so would be unduly burdensome, but it shall in that event:
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
(a) Issue and publish a formal order specifying the reasons why and the extent to which compliance would unduly
burden or interfere with agency operations; and
(b) Make available for public inspection and copying all
indexes maintained for agency use.
(5) Each state agency shall, by rule, establish and implement a system of indexing for the identification and location
of the following records:
(a) All records issued before July 1, 1990, for which the
agency has maintained an index;
(b) Final orders entered after June 30, 1990, that are
issued in adjudicative proceedings as defined in RCW
34.05.010 and that contain an analysis or decision of substantial importance to the agency in carrying out its duties;
(c) Declaratory orders entered after June 30, 1990, that
are issued pursuant to RCW 34.05.240 and that contain an
analysis or decision of substantial importance to the agency
in carrying out its duties;
(d) Interpretive statements as defined in RCW 34.05.010
that were entered after June 30, 1990; and
(e) Policy statements as defined in RCW 34.05.010 that
were entered after June 30, 1990.
Rules establishing systems of indexing shall include, but
not be limited to, requirements for the form and content of the
index, its location and availability to the public, and the
schedule for revising or updating the index. State agencies
that have maintained indexes for records issued before July 1,
1990, shall continue to make such indexes available for public inspection and copying. Information in such indexes may
be incorporated into indexes prepared pursuant to this subsection. State agencies may satisfy the requirements of this
subsection by making available to the public indexes prepared by other parties but actually used by the agency in its
operations. State agencies shall make indexes available for
public inspection and copying. State agencies may charge a
fee to cover the actual costs of providing individual mailed
copies of indexes.
(6) A public record may be relied on, used, or cited as
precedent by an agency against a party other than an agency
and it may be invoked by the agency for any other purpose
only if—
(a) It has been indexed in an index available to the public; or
(b) Parties affected have timely notice (actual or constructive) of the terms thereof.
(7) Each agency shall establish, maintain, and make
available for public inspection and copying a statement of the
actual per page cost or other costs, if any, that it charges for
providing photocopies of public records and a statement of
the factors and manner used to determine the actual per page
cost or other costs, if any.
(a) In determining the actual per page cost for providing
photocopies of public records, an agency may include all
costs directly incident to copying such public records including the actual cost of the paper and the per page cost for use
of agency copying equipment. In determining other actual
costs for providing photocopies of public records, an agency
may include all costs directly incident to shipping such public
records, including the cost of postage or delivery charges and
the cost of any container or envelope used.
(2004 Ed.)
42.17.270
(b) In determining the actual per page cost or other costs
for providing copies of public records, an agency may not
include staff salaries, benefits, or other general administrative
or overhead charges, unless those costs are directly related to
the actual cost of copying the public records. Staff time to
copy and mail the requested public records may be included
in an agency's costs.
(8) An agency need not calculate the actual per page cost
or other costs it charges for providing photocopies of public
records if to do so would be unduly burdensome, but in that
event: The agency may not charge in excess of fifteen cents
per page for photocopies of public records or for the use of
agency equipment to photocopy public records and the actual
postage or delivery charge and the cost of any container or
envelope used to mail the public records to the requestor.
(9) This chapter shall not be construed as giving authority to any agency, the office of the secretary of the senate, or
the office of the chief clerk of the house of representatives to
give, sell or provide access to lists of individuals requested
for commercial purposes, and agencies, the office of the secretary of the senate, and the office of the chief clerk of the
house of representatives shall not do so unless specifically
authorized or directed by law: PROVIDED, HOWEVER,
That lists of applicants for professional licenses and of professional licensees shall be made available to those professional associations or educational organizations recognized
by their professional licensing or examination board, upon
payment of a reasonable charge therefor: PROVIDED FURTHER, That such recognition may be refused only for a good
cause pursuant to a hearing under the provisions of chapter
34.05 RCW, the Administrative Procedure Act. [1997 c 409
§ 601. Prior: 1995 c 397 § 11; 1995 c 341 § 1; 1992 c 139 §
3; 1989 c 175 § 36; 1987 c 403 § 3; 1975 1st ex.s. c 294 § 14;
1973 c 1 § 26 (Initiative Measure No. 276, approved November 7, 1972).]
Part headings—Severability—1997 c 409: See notes following RCW
43.22.051.
Effective date—1989 c 175: See note following RCW 34.05.010.
Intent—Severability—1987 c 403: See notes following RCW
42.17.255.
Exemption for registered trade names: RCW 19.80.065.
42.17.270
42.17.270 Facilities for copying—Availability of public records. Public records shall be available for inspection
and copying, and agencies shall, upon request for identifiable
public records, make them promptly available to any person.
Agencies shall not distinguish among persons requesting
records, and such persons shall not be required to provide
information as to the purpose for the request except to establish whether inspection and copying would violate *RCW
42.17.260(5) or other statute which exempts or prohibits disclosure of specific information or records to certain persons.
Agency facilities shall be made available to any person for
the copying of public records except when and to the extent
that this would unreasonably disrupt the operations of the
agency. Agencies shall honor requests received by mail for
identifiable public records unless exempted by provisions of
this chapter. [1987 c 403 § 4; 1975 1st ex.s. c 294 § 15; 1973
c 1 § 27 (Initiative Measure No. 276, approved November 7,
1972).]
[Title 42 RCW—page 33]
42.17.280
Title 42 RCW: Public Officers and Agencies
*Reviser's note: RCW 42.17.260 was amended by 1989 c 175 § 36,
changing subsection (5) to subsection (6). RCW 42.17.260 was subsequently
amended by 1992 c 139 § 3, changing subsection (6) to subsection (7). RCW
42.17.260 was subsequently amended by 1995 c 341 § 1, changing subsection (7) to subsection (9).
Intent—Severability—1987 c 403: See notes following RCW
42.17.255.
42.17.280
42.17.280 Times for inspection and copying. Public
records shall be available for inspection and copying during
the customary office hours of the agency, the office of the
secretary of the senate, and the office of the chief clerk of the
house of representatives: PROVIDED, That if the entity does
not have customary office hours of at least thirty hours per
week, the public records shall be available from nine o'clock
a.m. to noon and from one o'clock p.m. to four o'clock p.m.
Monday through Friday, excluding legal holidays, unless the
person making the request and the agency, the office of the
secretary of the senate, or the office of the chief clerk of the
house of representatives or its representative agree on a different time. [1995 c 397 § 12; 1973 c 1 § 28 (Initiative Measure No. 276, approved November 7, 1972).]
charged for locating public documents and making them
available for copying. A reasonable charge may be imposed
for providing copies of public records and for the use by any
person of agency equipment or equipment of the office of the
secretary of the senate or the office of the chief clerk of the
house of representatives to copy public records, which
charges shall not exceed the amount necessary to reimburse
the agency, the office of the secretary of the senate, or the
office of the chief clerk of the house of representatives for its
actual costs directly incident to such copying. Agency
charges for photocopies shall be imposed in accordance with
the actual per page cost or other costs established and published by the agency. In no event may an agency charge a per
page cost greater than the actual per page cost as established
and published by the agency. To the extent the agency has not
determined the actual per page cost for photocopies of public
records, the agency may not charge in excess of fifteen cents
per page. [1995 c 397 § 14; 1995 c 341 § 2; 1973 c 1 § 30
(Initiative Measure No. 276, approved November 7, 1972).]
Reviser's note: This section was amended by 1995 c 341 § 2 and by
1995 c 397 § 14, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
42.17.290
42.17.290 Protection of public records—Public
access. Agencies shall adopt and enforce reasonable rules
and regulations, and the office of the secretary of the senate
and the office of the chief clerk of the house of representatives shall adopt reasonable procedures allowing for the time,
resource, and personnel constraints associated with legislative sessions, consonant with the intent of this chapter to provide full public access to public records, to protect public
records from damage or disorganization, and to prevent
excessive interference with other essential functions of the
agency, the office of the secretary of the senate, or the office
of the chief clerk of the house of representatives. Such rules
and regulations shall provide for the fullest assistance to
inquirers and the most timely possible action on requests for
information. Nothing in this section shall relieve agencies,
the office of the secretary of the senate, and the office of the
chief clerk of the house of representatives from honoring
requests received by mail for copies of identifiable public
records.
If a public record request is made at a time when such
record exists but is scheduled for destruction in the near
future, the agency, the office of the secretary of the senate, or
the office of the chief clerk of the house of representatives
shall retain possession of the record, and may not destroy or
erase the record until the request is resolved. [1995 c 397 §
13; 1992 c 139 § 4; 1975 1st ex.s. c 294 § 16; 1973 c 1 § 29
(Initiative Measure No. 276, approved November 7, 1972).]
42.17.295
42.17.295 Destruction of information relating to
employee misconduct. Nothing in this chapter prevents an
agency from destroying information relating to employee
misconduct or alleged misconduct, in accordance with RCW
41.06.450, to the extent necessary to ensure fairness to the
employee. [1982 c 208 § 13.]
Severability—1982 c 208: See RCW 42.40.900.
42.17.300
42.17.300 Charges for copying. No fee shall be
charged for the inspection of public records. No fee shall be
[Title 42 RCW—page 34]
42.17.305
42.17.305 Other provisions not superseded. The provisions of RCW 42.17.260 (7) and (8) and 42.17.300 that
establish or allow agencies to establish the costs charged for
photocopies of public records do not supersede other statutory provisions, other than in this chapter, authorizing or governing fees for copying public records. [1995 c 341 § 3.]
42.17.310
42.17.310 Certain personal and other records
exempt. (Expires June 30, 2005.) (1) The following are
exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to
the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection
with the assessment or collection of any tax if the disclosure
of the information to other persons would (i) be prohibited to
such persons by RCW 84.08.210, 82.32.330, 84.40.020, or
84.40.340 or (ii) violate the taxpayer's right to privacy or
result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement,
and penology agencies, and state agencies vested with the
responsibility to discipline members of any profession, the
nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are
witnesses to or victims of crime or who file complaints with
investigative, law enforcement, or penology agencies, other
than the public disclosure commission, if disclosure would
endanger any person's life, physical safety, or property. If at
the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such
desire shall govern. However, all complaints filed with the
public disclosure commission about any elected official or
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
candidate for public office must be made in writing and
signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination
data used to administer a license, employment, or academic
examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or
prospective sale is abandoned or until such time as all of the
property has been acquired or the property to which the sale
appraisal relates is sold, but in no event shall disclosure be
denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, computer
source code or object code, and research data obtained by any
agency within five years of the request for disclosure when
disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and
intra-agency memorandums in which opinions are expressed
or policies formulated or recommended except that a specific
record shall not be exempt when publicly cited by an agency
in connection with any agency action.
(j) Records which are relevant to a controversy to which
an agency is a party but which records would not be available
to another party under the rules of pretrial discovery for
causes pending in the superior courts.
(k) Records, maps, or other information identifying the
location of archaeological sites in order to avoid the looting
or depredation of such sites.
(l) Any library record, the primary purpose of which is to
maintain control of library materials, or to gain access to
information, which discloses or could be used to disclose the
identity of a library user.
(m) Financial information supplied by or on behalf of a
person, firm, or corporation for the purpose of qualifying to
submit a bid or proposal for (i) a ferry system construction or
repair contract as required by RCW 47.60.680 through
47.60.750 or (ii) highway construction or improvement as
required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28,
1991, with the utilities and transportation commission under
*RCW 81.34.070, except that the summaries of the contracts
are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records
supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31
RCW, and by persons pertaining to export projects pursuant
to RCW 43.23.035.
(p) Financial disclosures filed by private vocational
schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation
commission or attorney general under RCW 80.04.095 that a
court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records
supplied by businesses or individuals during application for
loans or program services provided by chapters 43.163,
43.160, 43.330, and 43.168 RCW, or during application for
economic development loans or program services provided
by any local agency.
(s) Membership lists or lists of members or owners of
interests of units in timeshare projects, subdivisions, camping
(2004 Ed.)
42.17.310
resorts, condominiums, land developments, or commoninterest communities affiliated with such projects, regulated
by the department of licensing, in the files or possession of
the department.
(t) All applications for public employment, including the
names of applicants, resumes, and other related materials
submitted with respect to an applicant.
(u) The residential addresses or residential telephone
numbers of employees or volunteers of a public agency
which are held by any public agency in personnel records,
public employment related records, or volunteer rosters, or
are included in any mailing list of employees or volunteers of
any public agency.
(v) The residential addresses and residential telephone
numbers of the customers of a public utility contained in the
records or lists held by the public utility of which they are
customers, except that this information may be released to the
division of child support or the agency or firm providing
child support enforcement for another state under Title IV-D
of the federal social security act, for the establishment,
enforcement, or modification of a support order.
(w)(i) The federal social security number of individuals
governed under chapter 18.130 RCW maintained in the files
of the department of health, except this exemption does not
apply to requests made directly to the department from federal, state, and local agencies of government, and national
and state licensing, credentialing, investigatory, disciplinary,
and examination organizations; (ii) the current residential
address and current residential telephone number of a health
care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests
that this information be withheld from public inspection and
copying, and provides to the department an accurate alternate
or business address and business telephone number. On or
after January 1, 1995, the current residential address and residential telephone number of a health care provider governed
under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection
and copying unless the provider specifically requests the
information be released, and except as provided for under
RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as
provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the
department of health and its representatives as provided in
RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination
reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter
31.24 RCW.
(aa) Financial and commercial information supplied to
the state investment board by any person when the information relates to the investment of public trust or retirement
funds and when disclosure would result in loss to such funds
or in private loss to the providers of this information.
(bb) Financial and valuable trade information under
RCW 51.36.120.
(cc) Client records maintained by an agency that is a
domestic violence program as defined in RCW 70.123.020 or
[Title 42 RCW—page 35]
42.17.310
Title 42 RCW: Public Officers and Agencies
70.123.075 or a rape crisis center as defined in RCW
70.125.030.
(dd) Information that identifies a person who, while an
agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair
practice under chapter 49.60 RCW against the person; and
(ii) requests his or her identity or any identifying information
not be disclosed.
(ee) Investigative records compiled by an employing
agency conducting a current investigation of a possible unfair
practice under chapter 49.60 RCW or of a possible violation
of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public
inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical
and research information and data submitted to or obtained
by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for,
and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer
review committee under RCW 4.24.250, regardless of which
agency is in possession of the information and documents.
(ii) Personal information in files maintained in a data
base created under **RCW 43.07.360.
(jj) Financial and commercial information requested by
the public stadium authority from any person or organization
that leases or uses the stadium and exhibition center as
defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for
property tax exemption under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records
held by an agency in relation to a vanpool, carpool, or other
ride-sharing program or service. However, these records
may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.
(mm) The personally identifying information of current
or former participants or applicants in a paratransit or other
transit service operated for the benefit of persons with disabilities or elderly persons.
(nn) The personally identifying information of persons
who acquire and use transit passes and other fare payment
media including, but not limited to, stored value smart cards
and magnetic strip cards, except that an agency may disclose
this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for
payment of the cost of acquiring or using a transit pass or
other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.
(oo) Proprietary financial and commercial information
that the submitting entity, with review by the department of
health, specifically identifies at the time it is submitted and
[Title 42 RCW—page 36]
that is provided to or obtained by the department of health in
connection with an application for, or the supervision of, an
antitrust exemption sought by the submitting entity under
RCW 43.72.310. If a request for such information is
received, the submitting entity must be notified of the
request. Within ten business days of receipt of the notice, the
submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to
the requester. Upon receipt of such notice, the department of
health shall continue to treat information designated under
this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the
submitting entity must be joined as a party to demonstrate the
continuing need for confidentiality.
(pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.
(qq) Financial and commercial information supplied by
or on behalf of a person, firm, corporation, or entity under
chapter 28B.95 RCW relating to the purchase or sale of
tuition units and contracts for the purchase of multiple tuition
units.
(rr) Any records of investigative reports prepared by any
state, county, municipal, or other law enforcement agency
pertaining to sex offenses contained in chapter 9A.44 RCW
or sexually violent offenses as defined in RCW 71.09.020,
which have been transferred to the Washington association of
sheriffs and police chiefs for permanent electronic retention
and retrieval pursuant to RCW 40.14.070(2)(b).
(ss) Credit card numbers, debit card numbers, electronic
check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly
required by or governed by other law.
(tt) Financial information, including but not limited to
account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation,
limited liability company, partnership, or other entity related
to an application for a liquor license, gambling license, or lottery retail license.
(uu) Records maintained by the employment security
department and subject to chapter 50.13 RCW if provided to
another individual or organization for operational, research,
or evaluation purposes.
(vv) Individually identifiable information received by
the work force training and education coordinating board for
research or evaluation purposes.
(ww) Those portions of records assembled, prepared, or
maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct
of government or of the general civilian population of the
state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would
have a substantial likelihood of threatening public safety,
consisting of:
(i) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including
compiled underlying data collected in preparation of or
essential to the assessments, or to the response or deployment
plans; and
(ii) Records not subject to public disclosure under federal law that are shared by federal or international agencies,
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
and information prepared from national security briefings
provided to state or local government officials related to
domestic preparedness for acts of terrorism.
(xx) Commercial fishing catch data from logbooks
required to be provided to the department of fish and wildlife
under RCW 77.12.047, when the data identifies specific
catch location, timing, or methodology and the release of
which would result in unfair competitive disadvantage to the
commercial fisher providing the catch data. However, this
information may be released to government agencies concerned with the management of fish and wildlife resources.
(yy) Sensitive wildlife data obtained by the department
of fish and wildlife. However, sensitive wildlife data may be
released to government agencies concerned with the management of fish and wildlife resources. Sensitive wildlife data
includes:
(i) The nesting sites or specific locations of endangered
species designated under RCW 77.12.020, or threatened or
sensitive species classified by rule of the department of fish
and wildlife;
(ii) Radio frequencies used in, or locational data generated by, telemetry studies; or
(iii) Other location data that could compromise the viability of a specific fish or wildlife population, and where at
least one of the following criteria are met:
(A) The species has a known commercial or black market value;
(B) There is a history of malicious take of that species; or
(C) There is a known demand to visit, take, or disturb,
and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution
and concentration.
(zz) The personally identifying information of persons
who acquire recreational licenses under RCW 77.32.010 or
commercial licenses under chapter 77.65 or 77.70 RCW,
except name, address of contact used by the department, and
type of license, endorsement, or tag. However, the department of fish and wildlife may disclose personally identifying
information to:
(i) Government agencies concerned with the management of fish and wildlife resources;
(ii) The department of social and health services, child
support division, and to the department of licensing in order
to implement RCW 77.32.014 and 46.20.291; and
(iii) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.
(aaa)(i) Discharge papers of a veteran of the armed
forces of the United States filed at the office of the county
auditor before July 1, 2002, that have not been commingled
with other recorded documents. These records will be available only to the veteran, the veteran's next of kin, a deceased
veteran's properly appointed personal representative or executor, a person holding that veteran's general power of attorney, or to anyone else designated in writing by that veteran to
receive the records.
(ii) Discharge papers of a veteran of the armed forces of
the United States filed at the office of the county auditor
before July 1, 2002, that have been commingled with other
records, if the veteran has recorded a "request for exemption
from public disclosure of discharge papers" with the county
auditor. If such a request has been recorded, these records
(2004 Ed.)
42.17.310
may be released only to the veteran filing the papers, the veteran's next of kin, a deceased veteran's properly appointed
personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in
writing by the veteran to receive the records.
(iii) Discharge papers of a veteran filed at the office of
the county auditor after June 30, 2002, are not public records,
but will be available only to the veteran, the veteran's next of
kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general
power of attorney, or anyone else designated in writing by the
veteran to receive the records.
(iv) For the purposes of this subsection (1)(aaa), next of
kin of deceased veterans have the same rights to full access to
the record. Next of kin are the veteran's widow or widower
who has not remarried, son, daughter, father, mother, brother,
and sister.
(bbb) Those portions of records containing specific and
unique vulnerability assessments or specific and unique
emergency and escape response plans at a city, county, or
state adult or juvenile correctional facility, the public disclosure of which would have a substantial likelihood of threatening the security of a city, county, or state adult or juvenile
correctional facility or any individual's safety.
(ccc) Information compiled by school districts or schools
in the development of their comprehensive safe school plans
pursuant to RCW 28A.320.125, to the extent that they identify specific vulnerabilities of school districts and each individual school.
(ddd) Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security
and service recovery plans, security risk assessments, and
security test results to the extent that they identify specific
system vulnerabilities.
(eee) Information obtained and exempted or withheld
from public inspection by the health care authority under
RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the
authority, or transferred by the authority to a technical review
committee created to facilitate the development, acquisition,
or implementation of state purchased health care under chapter 41.05 RCW.
(fff) Proprietary data, trade secrets, or other information
that relates to: (i) A vendor's unique methods of conducting
business; (ii) data unique to the product or services of the
vendor; or (iii) determining prices or rates to be charged for
services, submitted by any vendor to the department of social
and health services for purposes of the development, acquisition, or implementation of state purchased health care as
defined in RCW 41.05.011.
(ggg) Proprietary information deemed confidential for
the purposes of section 923, chapter 26, Laws of 2003 1st sp.
sess.
(2) Except for information described in subsection
(1)(c)(i) of this section and confidential income data
exempted from public inspection pursuant to RCW
84.40.020, the exemptions of this section are inapplicable to
the extent that information, the disclosure of which would
violate personal privacy or vital governmental interests, can
[Title 42 RCW—page 37]
42.17.310
Title 42 RCW: Public Officers and Agencies
be deleted from the specific records sought. No exemption
may be construed to permit the nondisclosure of statistical
information not descriptive of any readily identifiable person
or persons.
(3) Inspection or copying of any specific records exempt
under the provisions of this section may be permitted if the
superior court in the county in which the record is maintained
finds, after a hearing with notice thereof to every person in
interest and the agency, that the exemption of such records is
clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part,
inspection of any public record shall include a statement of
the specific exemption authorizing the withholding of the
record (or part) and a brief explanation of how the exemption
applies to the record withheld. [2003 1st sp.s. c 26 § 926;
2003 c 277 § 3; 2003 c 124 § 1. Prior: 2002 c 335 § 1; 2002
c 224 § 2; 2002 c 205 § 4; 2002 c 172 § 1; prior: 2001 c 278
§ 1; 2001 c 98 § 2; 2001 c 70 § 1; prior: 2000 c 134 § 3; 2000
c 56 § 1; 2000 c 6 § 5; prior: 1999 c 326 § 3; 1999 c 290 § 1;
1999 c 215 § 1; 1998 c 69 § 1; prior: 1997 c 310 § 2; 1997 c
274 § 8; 1997 c 250 § 7; 1997 c 239 § 4; 1997 c 220 § 120
(Referendum Bill No. 48, approved June 17, 1997); 1997 c
58 § 900; prior: 1996 c 305 § 2; 1996 c 253 § 302; 1996 c 191
§ 88; 1996 c 80 § 1; 1995 c 267 § 6; prior: 1994 c 233 § 2;
1994 c 182 § 1; prior: 1993 c 360 § 2; 1993 c 320 § 9; 1993
c 280 § 35; prior: 1992 c 139 § 5; 1992 c 71 § 12; 1991 c 301
§ 13; 1991 c 87 § 13; 1991 c 23 § 10; 1991 c 1 § 1; 1990 2nd
ex.s. c 1 § 1103; 1990 c 256 § 1; prior: 1989 1st ex.s. c 9 §
407; 1989 c 352 § 7; 1989 c 279 § 23; 1989 c 238 § 1; 1989 c
205 § 20; 1989 c 189 § 3; 1989 c 11 § 12; prior: 1987 c 411
§ 10; 1987 c 404 § 1; 1987 c 370 § 16; 1987 c 337 § 1; 1987
c 107 § 2; prior: 1986 c 299 § 25; 1986 c 276 § 7; 1985 c 414
§ 8; 1984 c 143 § 21; 1983 c 133 § 10; 1982 c 64 § 1; 1977
ex.s. c 314 § 13; 1975-'76 2nd ex.s. c 82 § 5; 1975 1st ex.s. c
294 § 17; 1973 c 1 § 31 (Initiative Measure No. 276,
approved November 7, 1972).]
Reviser's note: *(1) RCW 81.34.070 was repealed by 1991 c 49 § 1.
**(2) RCW 43.07.360 expired December 31, 2000, pursuant to 1996 c
253 § 502.
(3) This section was amended by 2003 c 124 § 1, 2003 c 277 § 3, and
by 2003 1st sp.s. c 26 § 926, each without reference to the other. All amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Expiration date—Severability—Effective dates—2003 1st sp.s. c 26:
See notes following RCW 43.135.045.
Working group on veterans' records: "The protection from identity
theft for veterans who choose to file their discharge papers with the county
auditor is a matter of gravest concern. At the same time, the integrity of the
public record of each county is a matter of utmost importance to the economic life of this state and to the right of each citizen to be secure in his or
her ownership of real property and other rights and obligations of our citizens that rely upon the public record for their proof. Likewise the integrity
of the public record is essential for the establishment of ancestral ties that
may be of interest to this and future generations. While the public record as
now kept by the county auditors is sufficient by itself for the accomplishment
of these and many other public and private purposes, the proposed use of the
public record for purposes that in their nature and intent are not public, so as
to keep the veterans' discharge papers from disclosure to those of ill intent,
causes concern among many segments of the population of this state.
In order to voice these concerns effectively and thoroughly, a working
group may be convened by the joint committee on veterans' and military
affairs to develop a means to preserve the integrity of the public record while
protecting those veterans from identity theft." [2002 c 224 § 1.]
[Title 42 RCW—page 38]
Effective date—2002 c 224 § 1: "Section 1 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [March 28, 2002]." [2002 c 224 § 4.]
Findings—Severability—Effective dates—2002 c 205 §§ 2, 3, and 4:
See notes following RCW 28A.320.125.
Finding—2001 c 98: "The legislature finds that public health and
safety is promoted when the public has knowledge that enables them to make
informed choices about their health and safety. Therefore, the legislature
declares, as a matter of public policy, that the public has a right to information necessary to protect members of the public from harm caused by alleged
hazards or threats to the public.
The legislature also recognizes that the public disclosure of those portions of records containing specific and unique vulnerability assessments or
specific and unique response plans, either of which is intended to prevent or
mitigate criminal terrorist acts as defined in RCW 70.74.285, could have a
substantial likelihood of threatening public safety. Therefore, the legislature
declares, as a matter of public policy, that such specific and unique information should be protected from unnecessary disclosure." [2001 c 98 § 1.]
Findings—Conflict with federal requirements—Severability—2000
c 134: See notes following RCW 50.13.060.
Effective date—1998 c 69: See note following RCW 28B.95.025.
Effective date—1997 c 274: See note following RCW 41.05.021.
Referendum—Other legislation limited—Legislators' personal
intent not indicated—Reimbursements for election—Voters' pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Severability—1996 c 305: See note following RCW 28B.85.020.
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
Captions not law—Severability—Effective dates—1995 c 267: See
notes following RCW 43.70.052.
Effective date—1994 c 233: See note following RCW 70.123.075.
Effective date—1994 c 182: "This act shall take effect July 1, 1994."
[1994 c 182 § 2.]
Effective date—1993 c 360: See note following RCW 18.130.085.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Finding—1991 c 301: See note following RCW 10.99.020.
Effective date—1991 c 87: See note following RCW 18.64.350.
Effective dates—1990 2nd ex.s. c 1: See note following RCW
84.52.010.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1989 c 279: See RCW 43.163.901.
Severability—1989 c 11: See note following RCW 9A.56.220.
Severability—1987 c 411: See RCW 69.45.900.
Severability—Effective date—1986 c 299: See RCW 28C.10.900 and
28C.10.902.
Severability—1986 c 276: See RCW 53.31.901.
Basic health plan records: RCW 70.47.150.
Exemptions from public inspection
accounting records of special inquiry judge: RCW 10.29.090.
bill drafting service of code reviser's office: RCW 1.08.027, 44.68.060.
certificate submitted by physically or mentally disabled person seeking a
driver's license: RCW 46.20.041.
commercial fertilizers, sales reports: RCW 15.54.362.
criminal records: Chapter 10.97 RCW.
employer information: RCW 50.13.060.
family and children's ombudsman: RCW 43.06A.050.
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
joint legislative service center, information: RCW 44.68.060.
medical quality assurance commission, reports required to be filed with:
RCW 18.71.0195.
organized crime
advisory board files: RCW 10.29.030.
investigative information: RCW 43.43.856.
public transportation information: RCW 47.04.230.
salary and fringe benefit survey information: RCW 41.06.160.
42.17.310
42.17.310 Certain personal and other records
exempt. (Effective June 30, 2005.) (1) The following are
exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to
the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection
with the assessment or collection of any tax if the disclosure
of the information to other persons would (i) be prohibited to
such persons by RCW 84.08.210, 82.32.330, 84.40.020, or
84.40.340 or (ii) violate the taxpayer's right to privacy or
result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement,
and penology agencies, and state agencies vested with the
responsibility to discipline members of any profession, the
nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are
witnesses to or victims of crime or who file complaints with
investigative, law enforcement, or penology agencies, other
than the public disclosure commission, if disclosure would
endanger any person's life, physical safety, or property. If at
the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such
desire shall govern. However, all complaints filed with the
public disclosure commission about any elected official or
candidate for public office must be made in writing and
signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination
data used to administer a license, employment, or academic
examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or
prospective sale is abandoned or until such time as all of the
property has been acquired or the property to which the sale
appraisal relates is sold, but in no event shall disclosure be
denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, computer
source code or object code, and research data obtained by any
agency within five years of the request for disclosure when
disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and
intra-agency memorandums in which opinions are expressed
or policies formulated or recommended except that a specific
record shall not be exempt when publicly cited by an agency
in connection with any agency action.
(j) Records which are relevant to a controversy to which
an agency is a party but which records would not be available
(2004 Ed.)
42.17.310
to another party under the rules of pretrial discovery for
causes pending in the superior courts.
(k) Records, maps, or other information identifying the
location of archaeological sites in order to avoid the looting
or depredation of such sites.
(l) Any library record, the primary purpose of which is to
maintain control of library materials, or to gain access to
information, which discloses or could be used to disclose the
identity of a library user.
(m) Financial information supplied by or on behalf of a
person, firm, or corporation for the purpose of qualifying to
submit a bid or proposal for (i) a ferry system construction or
repair contract as required by RCW 47.60.680 through
47.60.750 or (ii) highway construction or improvement as
required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28,
1991, with the utilities and transportation commission under
*RCW 81.34.070, except that the summaries of the contracts
are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records
supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31
RCW, and by persons pertaining to export projects pursuant
to RCW 43.23.035.
(p) Financial disclosures filed by private vocational
schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation
commission or attorney general under RCW 80.04.095 that a
court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records
supplied by businesses or individuals during application for
loans or program services provided by chapters 43.163,
43.160, 43.330, and 43.168 RCW, or during application for
economic development loans or program services provided
by any local agency.
(s) Membership lists or lists of members or owners of
interests of units in timeshare projects, subdivisions, camping
resorts, condominiums, land developments, or commoninterest communities affiliated with such projects, regulated
by the department of licensing, in the files or possession of
the department.
(t) All applications for public employment, including the
names of applicants, resumes, and other related materials
submitted with respect to an applicant.
(u) The residential addresses or residential telephone
numbers of employees or volunteers of a public agency
which are held by any public agency in personnel records,
public employment related records, or volunteer rosters, or
are included in any mailing list of employees or volunteers of
any public agency.
(v) The residential addresses and residential telephone
numbers of the customers of a public utility contained in the
records or lists held by the public utility of which they are
customers, except that this information may be released to the
division of child support or the agency or firm providing
child support enforcement for another state under Title IV-D
of the federal social security act, for the establishment,
enforcement, or modification of a support order.
(w)(i) The federal social security number of individuals
governed under chapter 18.130 RCW maintained in the files
[Title 42 RCW—page 39]
42.17.310
Title 42 RCW: Public Officers and Agencies
of the department of health, except this exemption does not
apply to requests made directly to the department from federal, state, and local agencies of government, and national
and state licensing, credentialing, investigatory, disciplinary,
and examination organizations; (ii) the current residential
address and current residential telephone number of a health
care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests
that this information be withheld from public inspection and
copying, and provides to the department an accurate alternate
or business address and business telephone number. On or
after January 1, 1995, the current residential address and residential telephone number of a health care provider governed
under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection
and copying unless the provider specifically requests the
information be released, and except as provided for under
RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as
provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the
department of health and its representatives as provided in
RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination
reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter
31.24 RCW.
(aa) Financial and commercial information supplied to
the state investment board by any person when the information relates to the investment of public trust or retirement
funds and when disclosure would result in loss to such funds
or in private loss to the providers of this information.
(bb) Financial and valuable trade information under
RCW 51.36.120.
(cc) Client records maintained by an agency that is a
domestic violence program as defined in RCW 70.123.020 or
70.123.075 or a rape crisis center as defined in RCW
70.125.030.
(dd) Information that identifies a person who, while an
agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair
practice under chapter 49.60 RCW against the person; and
(ii) requests his or her identity or any identifying information
not be disclosed.
(ee) Investigative records compiled by an employing
agency conducting a current investigation of a possible unfair
practice under chapter 49.60 RCW or of a possible violation
of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public
inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical
and research information and data submitted to or obtained
by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for,
and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer
[Title 42 RCW—page 40]
review committee under RCW 4.24.250, regardless of which
agency is in possession of the information and documents.
(ii) Personal information in files maintained in a data
base created under **RCW 43.07.360.
(jj) Financial and commercial information requested by
the public stadium authority from any person or organization
that leases or uses the stadium and exhibition center as
defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for
property tax exemption under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records
held by an agency in relation to a vanpool, carpool, or other
ride-sharing program or service. However, these records
may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.
(mm) The personally identifying information of current
or former participants or applicants in a paratransit or other
transit service operated for the benefit of persons with disabilities or elderly persons.
(nn) The personally identifying information of persons
who acquire and use transit passes and other fare payment
media including, but not limited to, stored value smart cards
and magnetic strip cards, except that an agency may disclose
this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for
payment of the cost of acquiring or using a transit pass or
other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.
(oo) Proprietary financial and commercial information
that the submitting entity, with review by the department of
health, specifically identifies at the time it is submitted and
that is provided to or obtained by the department of health in
connection with an application for, or the supervision of, an
antitrust exemption sought by the submitting entity under
RCW 43.72.310. If a request for such information is
received, the submitting entity must be notified of the
request. Within ten business days of receipt of the notice, the
submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to
the requester. Upon receipt of such notice, the department of
health shall continue to treat information designated under
this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the
submitting entity must be joined as a party to demonstrate the
continuing need for confidentiality.
(pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.
(qq) Financial and commercial information supplied by
or on behalf of a person, firm, corporation, or entity under
chapter 28B.95 RCW relating to the purchase or sale of
tuition units and contracts for the purchase of multiple tuition
units.
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
(rr) Any records of investigative reports prepared by any
state, county, municipal, or other law enforcement agency
pertaining to sex offenses contained in chapter 9A.44 RCW
or sexually violent offenses as defined in RCW 71.09.020,
which have been transferred to the Washington association of
sheriffs and police chiefs for permanent electronic retention
and retrieval pursuant to RCW 40.14.070(2)(b).
(ss) Credit card numbers, debit card numbers, electronic
check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly
required by or governed by other law.
(tt) Financial information, including but not limited to
account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation,
limited liability company, partnership, or other entity related
to an application for a liquor license, gambling license, or lottery retail license.
(uu) Records maintained by the employment security
department and subject to chapter 50.13 RCW if provided to
another individual or organization for operational, research,
or evaluation purposes.
(vv) Individually identifiable information received by
the work force training and education coordinating board for
research or evaluation purposes.
(ww) Those portions of records assembled, prepared, or
maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct
of government or of the general civilian population of the
state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would
have a substantial likelihood of threatening public safety,
consisting of:
(i) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including
compiled underlying data collected in preparation of or
essential to the assessments, or to the response or deployment
plans; and
(ii) Records not subject to public disclosure under federal law that are shared by federal or international agencies,
and information prepared from national security briefings
provided to state or local government officials related to
domestic preparedness for acts of terrorism.
(xx) Commercial fishing catch data from logbooks
required to be provided to the department of fish and wildlife
under RCW 77.12.047, when the data identifies specific
catch location, timing, or methodology and the release of
which would result in unfair competitive disadvantage to the
commercial fisher providing the catch data. However, this
information may be released to government agencies concerned with the management of fish and wildlife resources.
(yy) Sensitive wildlife data obtained by the department
of fish and wildlife. However, sensitive wildlife data may be
released to government agencies concerned with the management of fish and wildlife resources. Sensitive wildlife data
includes:
(i) The nesting sites or specific locations of endangered
species designated under RCW 77.12.020, or threatened or
sensitive species classified by rule of the department of fish
and wildlife;
(ii) Radio frequencies used in, or locational data generated by, telemetry studies; or
(2004 Ed.)
42.17.310
(iii) Other location data that could compromise the viability of a specific fish or wildlife population, and where at
least one of the following criteria are met:
(A) The species has a known commercial or black market value;
(B) There is a history of malicious take of that species; or
(C) There is a known demand to visit, take, or disturb,
and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution
and concentration.
(zz) The personally identifying information of persons
who acquire recreational licenses under RCW 77.32.010 or
commercial licenses under chapter 77.65 or 77.70 RCW,
except name, address of contact used by the department, and
type of license, endorsement, or tag. However, the department of fish and wildlife may disclose personally identifying
information to:
(i) Government agencies concerned with the management of fish and wildlife resources;
(ii) The department of social and health services, child
support division, and to the department of licensing in order
to implement RCW 77.32.014 and 46.20.291; and
(iii) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.
(aaa)(i) Discharge papers of a veteran of the armed
forces of the United States filed at the office of the county
auditor before July 1, 2002, that have not been commingled
with other recorded documents. These records will be available only to the veteran, the veteran's next of kin, a deceased
veteran's properly appointed personal representative or executor, a person holding that veteran's general power of attorney, or to anyone else designated in writing by that veteran to
receive the records.
(ii) Discharge papers of a veteran of the armed forces of
the United States filed at the office of the county auditor
before July 1, 2002, that have been commingled with other
records, if the veteran has recorded a "request for exemption
from public disclosure of discharge papers" with the county
auditor. If such a request has been recorded, these records
may be released only to the veteran filing the papers, the veteran's next of kin, a deceased veteran's properly appointed
personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in
writing by the veteran to receive the records.
(iii) Discharge papers of a veteran filed at the office of
the county auditor after June 30, 2002, are not public records,
but will be available only to the veteran, the veteran's next of
kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general
power of attorney, or anyone else designated in writing by the
veteran to receive the records.
(iv) For the purposes of this subsection (1)(aaa), next of
kin of deceased veterans have the same rights to full access to
the record. Next of kin are the veteran's widow or widower
who has not remarried, son, daughter, father, mother, brother,
and sister.
(bbb) Those portions of records containing specific and
unique vulnerability assessments or specific and unique
emergency and escape response plans at a city, county, or
state adult or juvenile correctional facility, the public disclosure of which would have a substantial likelihood of threaten[Title 42 RCW—page 41]
42.17.310
Title 42 RCW: Public Officers and Agencies
ing the security of a city, county, or state adult or juvenile
correctional facility or any individual's safety.
(ccc) Information compiled by school districts or schools
in the development of their comprehensive safe school plans
pursuant to RCW 28A.320.125, to the extent that they identify specific vulnerabilities of school districts and each individual school.
(ddd) Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security
and service recovery plans, security risk assessments, and
security test results to the extent that they identify specific
system vulnerabilities.
(eee) Information obtained and exempted or withheld
from public inspection by the health care authority under
RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the
authority, or transferred by the authority to a technical review
committee created to facilitate the development, acquisition,
or implementation of state purchased health care under chapter 41.05 RCW.
(fff) Proprietary data, trade secrets, or other information
that relates to: (i) A vendor's unique methods of conducting
business; (ii) data unique to the product or services of the
vendor; or (iii) determining prices or rates to be charged for
services, submitted by any vendor to the department of social
and health services for purposes of the development, acquisition, or implementation of state purchased health care as
defined in RCW 41.05.011.
(2) Except for information described in subsection
(1)(c)(i) of this section and confidential income data
exempted from public inspection pursuant to RCW
84.40.020, the exemptions of this section are inapplicable to
the extent that information, the disclosure of which would
violate personal privacy or vital governmental interests, can
be deleted from the specific records sought. No exemption
may be construed to permit the nondisclosure of statistical
information not descriptive of any readily identifiable person
or persons.
(3) Inspection or copying of any specific records exempt
under the provisions of this section may be permitted if the
superior court in the county in which the record is maintained
finds, after a hearing with notice thereof to every person in
interest and the agency, that the exemption of such records is
clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part,
inspection of any public record shall include a statement of
the specific exemption authorizing the withholding of the
record (or part) and a brief explanation of how the exemption
applies to the record withheld. [2003 c 277 § 3; 2003 c 124 §
1. Prior: 2002 c 335 § 1; 2002 c 224 § 2; 2002 c 205 § 4;
2002 c 172 § 1; prior: 2001 c 278 § 1; 2001 c 98 § 2; 2001 c
70 § 1; prior: 2000 c 134 § 3; 2000 c 56 § 1; 2000 c 6 § 5;
prior: 1999 c 326 § 3; 1999 c 290 § 1; 1999 c 215 § 1; 1998
c 69 § 1; prior: 1997 c 310 § 2; 1997 c 274 § 8; 1997 c 250 §
7; 1997 c 239 § 4; 1997 c 220 § 120 (Referendum Bill No. 48,
approved June 17, 1997); 1997 c 58 § 900; prior: 1996 c 305
§ 2; 1996 c 253 § 302; 1996 c 191 § 88; 1996 c 80 § 1; 1995
c 267 § 6; prior: 1994 c 233 § 2; 1994 c 182 § 1; prior: 1993
[Title 42 RCW—page 42]
c 360 § 2; 1993 c 320 § 9; 1993 c 280 § 35; prior: 1992 c 139
§ 5; 1992 c 71 § 12; 1991 c 301 § 13; 1991 c 87 § 13; 1991 c
23 § 10; 1991 c 1 § 1; 1990 2nd ex.s. c 1 § 1103; 1990 c 256
§ 1; prior: 1989 1st ex.s. c 9 § 407; 1989 c 352 § 7; 1989 c
279 § 23; 1989 c 238 § 1; 1989 c 205 § 20; 1989 c 189 § 3;
1989 c 11 § 12; prior: 1987 c 411 § 10; 1987 c 404 § 1; 1987
c 370 § 16; 1987 c 337 § 1; 1987 c 107 § 2; prior: 1986 c 299
§ 25; 1986 c 276 § 7; 1985 c 414 § 8; 1984 c 143 § 21; 1983
c 133 § 10; 1982 c 64 § 1; 1977 ex.s. c 314 § 13; 1975-'76 2nd
ex.s. c 82 § 5; 1975 1st ex.s. c 294 § 17; 1973 c 1 § 31 (Initiative Measure No. 276, approved November 7, 1972).]
Reviser's note: *(1) RCW 81.34.070 was repealed by 1991 c 49 § 1.
**(2) RCW 43.07.360 expired December 31, 2000, pursuant to 1996 c
253 § 502.
(3) This section was amended by 2003 c 124 § 1 and by 2003 c 277 §
3, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Working group on veterans' records: "The protection from identity
theft for veterans who choose to file their discharge papers with the county
auditor is a matter of gravest concern. At the same time, the integrity of the
public record of each county is a matter of utmost importance to the economic life of this state and to the right of each citizen to be secure in his or
her ownership of real property and other rights and obligations of our citizens that rely upon the public record for their proof. Likewise the integrity
of the public record is essential for the establishment of ancestral ties that
may be of interest to this and future generations. While the public record as
now kept by the county auditors is sufficient by itself for the accomplishment
of these and many other public and private purposes, the proposed use of the
public record for purposes that in their nature and intent are not public, so as
to keep the veterans' discharge papers from disclosure to those of ill intent,
causes concern among many segments of the population of this state.
In order to voice these concerns effectively and thoroughly, a working
group may be convened by the joint committee on veterans' and military
affairs to develop a means to preserve the integrity of the public record while
protecting those veterans from identity theft." [2002 c 224 § 1.]
Effective date—2002 c 224 § 1: "Section 1 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [March 28, 2002]." [2002 c 224 § 4.]
Findings—Severability—Effective dates—2002 c 205 §§ 2, 3, and 4:
See notes following RCW 28A.320.125.
Finding—2001 c 98: "The legislature finds that public health and
safety is promoted when the public has knowledge that enables them to make
informed choices about their health and safety. Therefore, the legislature
declares, as a matter of public policy, that the public has a right to information necessary to protect members of the public from harm caused by alleged
hazards or threats to the public.
The legislature also recognizes that the public disclosure of those portions of records containing specific and unique vulnerability assessments or
specific and unique response plans, either of which is intended to prevent or
mitigate criminal terrorist acts as defined in RCW 70.74.285, could have a
substantial likelihood of threatening public safety. Therefore, the legislature
declares, as a matter of public policy, that such specific and unique information should be protected from unnecessary disclosure." [2001 c 98 § 1.]
Findings—Conflict with federal requirements—Severability—2000
c 134: See notes following RCW 50.13.060.
Effective date—1998 c 69: See note following RCW 28B.95.025.
Effective date—1997 c 274: See note following RCW 41.05.021.
Referendum—Other legislation limited—Legislators' personal
intent not indicated—Reimbursements for election—Voters' pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
Severability—1996 c 305: See note following RCW 28B.85.020.
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
Captions not law—Severability—Effective dates—1995 c 267: See
notes following RCW 43.70.052.
Effective date—1994 c 233: See note following RCW 70.123.075.
Effective date—1994 c 182: "This act shall take effect July 1, 1994."
[1994 c 182 § 2.]
Effective date—1993 c 360: See note following RCW 18.130.085.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Finding—1991 c 301: See note following RCW 10.99.020.
Effective date—1991 c 87: See note following RCW 18.64.350.
Effective dates—1990 2nd ex.s. c 1: See note following RCW
84.52.010.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1989 c 279: See RCW 43.163.901.
Severability—1989 c 11: See note following RCW 9A.56.220.
Severability—1987 c 411: See RCW 69.45.900.
Severability—Effective date—1986 c 299: See RCW 28C.10.900 and
28C.10.902.
Severability—1986 c 276: See RCW 53.31.901.
Basic health plan records: RCW 70.47.150.
Exemptions from public inspection
accounting records of special inquiry judge: RCW 10.29.090.
bill drafting service of code reviser's office: RCW 1.08.027, 44.68.060.
certificate submitted by physically or mentally disabled person seeking a
driver's license: RCW 46.20.041.
commercial fertilizers, sales reports: RCW 15.54.362.
criminal records: Chapter 10.97 RCW.
employer information: RCW 50.13.060.
family and children's ombudsman: RCW 43.06A.050.
joint legislative service center, information: RCW 44.68.060.
medical quality assurance commission, reports required to be filed with:
RCW 18.71.0195.
organized crime
advisory board files: RCW 10.29.030.
investigative information: RCW 43.43.856.
public transportation information: RCW 47.04.230.
salary and fringe benefit survey information: RCW 41.06.160.
42.17.319
Effective date, implementation—1991 c 355: See RCW 31.45.900.
42.17.314
42.17.314 Electrical utility records, request by law
enforcement agency. A law enforcement authority may not
request inspection or copying of records of any person, which
belong to a public utility district or a municipally owned electrical utility, unless the authority provides the public utility
district or municipally owned electrical utility with a written
statement in which the authority states that it suspects that the
particular person to whom the records pertain has committed
a crime and the authority has a reasonable belief that the
records could determine or help determine whether the suspicion might be true. Information obtained in violation of this
rule is inadmissible in any criminal proceeding. [1987 c 403
§ 6.]
Intent—Severability—1987 c 403: See notes following RCW
42.17.255.
42.17.315
42.17.315 Certain records obtained by colleges, universities, libraries, or archives exempt. Notwithstanding
the provisions of RCW 42.17.260 through 42.17.340, as now
or hereafter amended, no state college, university, library, or
archive shall be required by chapter 42.17 RCW to make
available for public inspection and copying any records or
documents obtained by said college, university, library, or
archive through or concerning any gift, grant, conveyance,
bequest, or devise, the terms of which restrict or regulate public access to such records or documents: PROVIDED, That
this section shall not apply to any public records as defined in
RCW 40.14.010. [1975 1st ex.s. c 294 § 22.]
42.17.316
42.17.316 Certain records of impaired physician program exempt. The disclosure requirements of this chapter
shall not apply to records of the entity obtained in an action
under RCW 18.71.300 through 18.71.340. [2001 c 64 § 3;
1994 sp.s. c 9 § 726; 1987 c 416 § 7.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1987 c 416: See note following RCW 18.71.300.
42.17.311
42.17.311 Duty to disclose or withhold information—
Otherwise provided. Nothing in RCW 42.17.310(1) (t)
through (v) shall affect a positive duty of an agency to disclose or a positive duty to withhold information which duty to
disclose or withhold is contained in any other law. [1991 c 23
§ 11; 1990 c 256 § 2; 1987 c 404 § 3.]
42.17.317
42.17.317 Information on commercial fertilizer distribution exempt. Information provided under RCW
15.54.362 is exempt from disclosure under this chapter.
[1987 c 45 § 15.]
Construction—Severability—1987 c 45: See notes following RCW
15.54.270.
42.17.312
42.17.312 Medical records—Health care information. Chapter 70.02 RCW applies to public inspection and
copying of health care information of patients. [1991 c 335 §
902.]
Application and construction—Short title—Severability—Captions
not law—1991 c 335: See RCW 70.02.901 through 70.02.904.
42.17.318
42.17.318 Information on concealed pistol licenses
exempt. The license applications under RCW 9.41.070 are
exempt from the disclosure requirements of this chapter.
Copies of license applications or information on the applications may be released to law enforcement or corrections
agencies. [1988 c 219 § 2.]
42.17.313
42.17.313 Application for license or small loan
endorsement under chapter 31.45 RCW—Certain information exempt. Information in an application for licensing
or a small loan endorsement under chapter 31.45 RCW
regarding the personal residential address, telephone number
of the applicant, or financial statement is exempt from disclosure under this chapter. [1995 c 18 § 8; 1991 c 355 § 22.]
(2004 Ed.)
42.17.319
42.17.319 Certain records of department of community, trade, and economic development exempt. (1) Notwithstanding the provisions of RCW 42.17.260 through
42.17.340, the following information supplied to the department of community, trade, and economic development is
exempt from disclosure under this chapter:
[Title 42 RCW—page 43]
42.17.31901
Title 42 RCW: Public Officers and Agencies
(a) Financial and proprietary information collected from
any person and provided to the department of community,
trade, and economic development pursuant to RCW
43.330.050(8) and 43.330.080(4); and
(b) Financial or proprietary information collected from
any person and provided to the department or the office of the
governor in connection with the siting, recruitment, expansion, retention, or relocation of that person's business and
until a siting decision is made, identifying information of any
person supplying information under this section and the locations being considered for siting, relocation, or expansion of
a business.
(2) Any work product developed by the department
based on information as described in subsection (1)(a) of this
section is not exempt from disclosure.
(3) For the purposes of this section, "siting decision"
means the decision to acquire or not to acquire a site.
(4) If there is no written contact for a period of sixty days
to the department from a person connected with siting,
recruitment, expansion, retention, or relocation of that person's business, information described in subsection (1)(b) of
this section will be available to the public under the provisions of RCW 42.17.250 through 42.17.340.
(5) Nothing in this section shall apply to records of any
other state agency or of a local agency. [2001 c 87 § 1; 1999
c 150 § 1; 1993 c 280 § 36; 1989 c 312 § 7.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Severability—1989 c 312: See note following RCW 43.31.403.
42.17.31901
42.17.31901 Identity of child victims of sexual assault
exempt. Information revealing the identity of child victims
of sexual assault who are under age eighteen is confidential
and not subject to public disclosure. Identifying information
means the child victim's name, address, location, photograph,
and in cases in which the child victim is a relative or stepchild
of the alleged perpetrator, identification of the relationship
between the child and the alleged perpetrator. [1992 c 188 §
6.]
Findings—Intent—Severability—1992 c 188: See notes following
RCW 7.69A.020.
42.17.31902
42.17.31902 Infant mortality review. Notwithstanding the provisions of RCW 42.17.250 through 42.17.340, no
local health department may be required under this chapter to
make available for public inspection or copying any records
or documents obtained, prepared, or maintained by the local
health department for the purposes of an infant mortality
review conducted by the department pursuant to RCW
70.05.170. This section shall not apply to published statistical
compilations and reports relating to the infant mortality
review studies that do not identify individual cases and
sources of information. [1992 c 179 § 2.]
Short title—1995 c 161: See RCW 48.102.900.
42.17.31904
42.17.31904 Insurance antifraud plans exempt.
Information provided under RCW 48.30A.045 through
48.30A.060 are exempt from disclosure under this chapter.
[1995 c 285 § 15.]
Effective date—1995 c 285: See RCW 48.30A.900.
42.17.31905
42.17.31905 Insurance information on certain material transactions exempt. Information provided under
RCW 48.05.510 through 48.05.535, 48.43.200 through
48.43.225, 48.44.530 through 48.44.555, and 48.46.600
through 48.46.625 is exempt from disclosure under this chapter. [1995 c 86 § 25.]
42.17.31906
42.17.31906 Fireworks records exempt. All records
obtained and all reports produced, as required under chapter
70.77 RCW, are not subject to the disclosure requirements
under this chapter. [1995 c 61 § 30.]
Severability—Effective date—1995 c 61: See notes following RCW
70.77.111.
42.17.31907
42.17.31907 Agricultural business and commodity
board and commission records exempt. The following
agricultural business records and commodity board and commission records are exempt from the disclosure requirements
of this chapter:
(1) Production or sales records required to determine
assessment levels and actual assessment payments to commodity boards and commissions formed under chapters
15.24, 15.26, 15.28, 15.44, 15.65, 15.66, 15.74, 15.88,
15.100, and 16.67 RCW or required by the department of
agriculture to administer these chapters or the department's
programs;
(2) Consignment information contained on phytosanitary certificates issued by the department of agriculture under
chapters 15.13, 15.49, and 15.17 RCW or federal phytosanitary certificates issued under 7 C.F.R. 353 through cooperative agreements with the animal and plant health inspection
service, United States department of agriculture, or on applications for phytosanitary certification required by the department of agriculture; and
(3) Financial and commercial information and records
supplied by persons (a) to the department of agriculture for
the purpose of conducting a referendum for the potential
establishment of a commodity board or commission; (b) to
the department of agriculture or commodity boards or commissions formed under chapter 15.24, 15.28, 15.44, 15.65,
15.66, 15.74, 15.88, 15.100, or 16.67 RCW with respect to
domestic or export marketing activities or individual producer's production information. [2002 c 313 § 66; 2001 c 314
§ 18; 1996 c 80 § 3.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
42.17.31903
42.17.31903 Identification of viators regulated by the
insurance commissioner exempt. The names and individual identification data of all viators regulated by the insurance commissioner under chapter 48.102 RCW are exempt
from the disclosure and reporting requirements of this chapter. [1995 c 161 § 15.]
[Title 42 RCW—page 44]
Findings—Construction—Severability—2001 c 314: See RCW
15.100.010, 15.100.900, and 15.100.901.
42.17.31908
42.17.31908 Business information gathered under
certain regulatory activities exempt. The disclosure
requirements of this chapter do not apply to information gath(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
ered under chapter 19.85 RCW or RCW 34.05.328 that can
be identified to a particular business. [1996 c 102 § 1.]
42.17.31909
42.17.31909 American ginseng growers or dealers—
Certain information exempt. Except under RCW
15.19.080, information obtained regarding the purchases,
sales, or production of an individual American ginseng
grower or dealer is exempt from disclosure under this chapter. [1998 c 154 § 33; 1996 c 188 § 6.]
42.17.31910
42.17.31910 Uniform Disciplinary Act complaints
exempt. Complaints filed under chapter 18.130 RCW after
July 27, 1997, are exempt from disclosure under this chapter
to the extent provided in RCW 18.130.095(1). [1997 c 270 §
2.]
42.17.31911
42.17.31911 Examination reports and information
from financial institutions exempt. Examination reports
and information obtained by the department of financial institutions from banks under RCW 30.04.075, from savings
banks under RCW 32.04.220, from savings and loan associations under RCW 33.04.110, from credit unions under RCW
31.12.565, from check cashers and sellers under RCW
31.45.030(3), and from securities brokers and investment
advisers under RCW 21.20.100 are confidential and privileged information and not subject to public disclosure under
this chapter. [1997 c 258 § 1.]
42.17.31912
42.17.31912 Motor carrier information systems. Any
information obtained by governmental agencies that is collected by the use of a motor carrier intelligent transportation
system or any comparable information equipment attached to
a truck, tractor, or trailer is confidential and not subject to
public disclosure under this chapter. However, the information may be given to other governmental agencies or the owners of the truck, tractor, or trailer from which the information
is obtained. As used in this section, "motor carrier" has the
same definition as provided in RCW 81.80.010. [1999 c 146
§ 1.]
42.17.31913
42.17.31913 Marine employees salary surveys. Salary and employee benefit information collected under RCW
47.64.220(1) and described in RCW 47.64.220(2) is exempt
from disclosure under this chapter except as provided in
RCW 47.64.220. [1999 c 256 § 2.]
42.17.320
42.17.31916
42.17.31916 Insurance information. Documents,
materials, or information obtained by the insurance commissioner under RCW 48.02.065 are confidential and privileged
and not subject to public disclosure under this chapter. [2001
c 57 § 2.]
42.17.31917
42.17.31917 Insurance information—Proprietary or
trade secret. Confidential proprietary and trade secret information pr ovided to the com mission er u nder RCW
48.31C.020 through 48.31C.050 and 48.31C.070 are exempt
from disclosure under this chapter. [2001 c 179 § 14.]
Severability—Effective date—2001 c 179: See RCW 48.31C.900 and
48.31C.901.
42.17.31918
42.17.31918 Agriculture records exempt—Apple
merchants. The disclosure requirements of this chapter do
not apply to information that can be identified to a particular
business and that is collected under section 3(1), chapter 235,
Laws of 2002. [2002 c 235 § 4.]
42.17.31919
42.17.31919 Public livestock market information
exempt. Financial statements provided under RCW
16.65.030(1)(d) are exempt from disclosure under this chapter. [2003 c 326 § 91.]
Effective dates—2003 c 326: See RCW 16.57.902.
42.17.31920
42.17.31920 Department of social and health services
reports for section 8, chapter 231, Laws of 2003. Data collected by the department of social and health services for the
reports required by *section 11 of this act and section 8, chapter 231, Laws of 2003, except as compiled in the aggregate
and reported to the senate and house of representatives, is
exempt from disclosure under this chapter. [2004 c 142 §
16.]
*Reviser's note: Section 11 of this act was vetoed by the governor.
Effective dates—2004 c 142: See note following RCW 18.20.020.
42.17.31921
42.17.31921 Correctional industries class I work program information. All records, documents, data, and other
materials obtained under the requirements of RCW 72.09.115
from an existing correctional industries class I work program
participant or an applicant for a proposed new or expanded
class I correctional industries work program are exempt from
public disclosure under this chapter. [2004 c 167 § 9.]
42.17.320
42.17.31914
42.17.31914 Rail fixed guideway system—Safety and
security program plan. The security section of transportation system safety and security program plans required under
RCW 35.21.228, 35A.21.300, 36.01.210, 36.57.120,
36.57A.170, and 81.112.180 are exempt from disclosure
under this chapter. [1999 c 202 § 8.]
Effective date—1999 c 202: See note following RCW 35.21.228.
42.17.31915
42.17.31915 Service contract providers—Financial
reports exempt. Information provided to the insurance commissioner under RCW 48.110.040(3) is exempt from disclosure under this chapter. [1999 c 112 § 18.]
Severability—1999 c 112: See RCW 48.110.901.
(2004 Ed.)
42.17.320 Prompt responses required. Responses to
requests for public records shall be made promptly by agencies, the office of the secretary of the senate, and the office of
the chief clerk of the house of representatives. Within five
business days of receiving a public record request, an agency,
the office of the secretary of the senate, or the office of the
chief clerk of the house of representatives must respond by
either (1) providing the record; (2) acknowledging that the
agency, the office of the secretary of the senate, or the office
of the chief clerk of the house of representatives has received
the request and providing a reasonable estimate of the time
the agency, the office of the secretary of the senate, or the
office of the chief clerk of the house of representatives will
require to respond to the request; or (3) denying the public
record request. Additional time required to respond to a
[Title 42 RCW—page 45]
42.17.325
Title 42 RCW: Public Officers and Agencies
request may be based upon the need to clarify the intent of the
request, to locate and assemble the information requested, to
notify third persons or agencies affected by the request, or to
determine whether any of the information requested is
exempt and that a denial should be made as to all or part of
the request. In acknowledging receipt of a public record
request that is unclear, an agency, the office of the secretary
of the senate, or the office of the chief clerk of the house of
representatives may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the agency, the office of the secretary of the
senate, or the office of the chief clerk of the house of representatives need not respond to it. Denials of requests must be
accompanied by a written statement of the specific reasons
therefor. Agencies, the office of the secretary of the senate,
and the office of the chief clerk of the house of representatives shall establish mechanisms for the most prompt possible
review of decisions denying inspection, and such review shall
be deemed completed at the end of the second business day
following the denial of inspection and shall constitute final
agency action or final action by the office of the secretary of
the senate or the office of the chief clerk of the house of representatives for the purposes of judicial review. [1995 c 397
§ 15; 1992 c 139 § 6; 1975 1st ex.s. c 294 § 18; 1973 c 1 § 32
(Initiative Measure No. 276, approved November 7, 1972).]
42.17.325
42.17.325 Review of agency denial. Whenever a state
agency concludes that a public record is exempt from disclosure and denies a person opportunity to inspect or copy a public record for that reason, the person may request the attorney
general to review the matter. The attorney general shall provide the person with his or her written opinion on whether the
record is exempt.
Nothing in this section shall be deemed to establish an
attorney-client relationship between the attorney general and
a person making a request under this section. [1992 c 139 §
10.]
refused to allow inspection or copying of a specific public
record or class of records. The burden of proof shall be on the
agency to establish that refusal to permit public inspection
and copying is in accordance with a statute that exempts or
prohibits disclosure in whole or in part of specific information or records.
(2) Upon the motion of any person who believes that an
agency has not made a reasonable estimate of the time that
the agency requires to respond to a public record request, the
superior court in the county in which a record is maintained
may require the responsible agency to show that the estimate
it provided is reasonable. The burden of proof shall be on the
agency to show that the estimate it provided is reasonable.
(3) Judicial review of all agency actions taken or challenged under RCW 42.17.250 through 42.17.320 shall be de
novo. Courts shall take into account the policy of this chapter
that free and open examination of public records is in the
public interest, even though such examination may cause
inconvenience or embarrassment to public officials or others.
Courts may examine any record in camera in any proceeding
brought under this section. The court may conduct a hearing
based solely on affidavits.
(4) Any person who prevails against an agency in any
action in the courts seeking the right to inspect or copy any
public record or the right to receive a response to a public
record request within a reasonable amount of time shall be
awarded all costs, including reasonable attorney fees,
incurred in connection with such legal action. In addition, it
shall be within the discretion of the court to award such person an amount not less than five dollars and not to exceed one
hundred dollars for each day that he was denied the right to
inspect or copy said public record. [1992 c 139 § 8; 1987 c
403 § 5; 1975 1st ex.s. c 294 § 20; 1973 c 1 § 34 (Initiative
Measure No. 276, approved November 7, 1972).]
Intent—Severability—1987 c 403: See notes following RCW
42.17.255.
42.17.341
42.17.330
42.17.330 Court protection of public records. The
examination of any specific public record may be enjoined if,
upon motion and affidavit by an agency or its representative
or a person who is named in the record or to whom the record
specifically pertains, the superior court for the county in
which the movant resides or in which the record is maintained, finds that such examination would clearly not be in
the public interest and would substantially and irreparably
damage any person, or would substantially and irreparably
damage vital governmental functions. An agency has the
option of notifying persons named in the record or to whom a
record specifically pertains, that release of a record has been
requested. However, this option does not exist where the
agency is required by law to provide such notice. [1992 c 139
§ 7; 1975 1st ex.s. c 294 § 19; 1973 c 1 § 33 (Initiative Measure No. 276, approved November 7, 1972).]
42.17.340
42.17.340 Judicial review of agency actions. (1) Upon
the motion of any person having been denied an opportunity
to inspect or copy a public record by an agency, the superior
court in the county in which a record is maintained may
require the responsible agency to show cause why it has
[Title 42 RCW—page 46]
42.17.341 Application of RCW 42.17.340. The procedures in RCW 42.17.340 govern denials of an opportunity to
inspect or copy a public record by the office of the secretary
of the senate or the office of the chief clerk of the house of
representatives. [1995 c 397 § 16.]
42.17.348
42.17.348 Explanatory pamphlet. The attorney general's office shall publish, and update when appropriate, a
pamphlet, written in plain language, explaining the provisions of the public records subdivision of this chapter. [1992
c 139 § 9.]
ADMINISTRATION AND ENFORCEMENT
42.17.350
42.17.350 Public disclosure commission—Established—Membership—Prohibited activities—Compensation, travel expenses. (1) There is hereby established a
"public disclosure commission" which shall be composed of
five members who shall be appointed by the governor, with
the consent of the senate. All appointees shall be persons of
the highest integrity and qualifications. No more than three
members shall have an identification with the same political
party.
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
(2) The term of each member shall be five years. No
member is eligible for appointment to more than one full
term. Any member may be removed by the governor, but
only upon grounds of neglect of duty or misconduct in office.
(3) During his or her tenure, a member of the commission is prohibited from engaging in any of the following
activities, either within or outside the state of Washington:
(a) Holding or campaigning for elective office;
(b) Serving as an officer of any political party or political
committee;
(c) Permitting his or her name to be used in support of or
in opposition to a candidate or proposition;
(d) Soliciting or making contributions to a candidate or
in support of or in opposition to any candidate or proposition;
(e) Participating in any way in any election campaign; or
(f) Lobbying, employing, or assisting a lobbyist, except
that a member or the staff of the commission may lobby to the
limited extent permitted by RCW 42.17.190 on matters
directly affecting this chapter.
(4) A vacancy on the commission shall be filled within
thirty days of the vacancy by the governor, with the consent
of the senate, and the appointee shall serve for the remaining
term of his or her predecessor. A vacancy shall not impair the
powers of the remaining members to exercise all of the powers of the commission.
(5) Three members of the commission shall constitute a
quorum. The commission shall elect its own chair and adopt
its own rules of procedure in the manner provided in chapter
34.05 RCW.
(6) Members shall be compensated in accordance with
RCW 43.03.250 and in addition shall be reimbursed for
travel expenses incurred while engaged in the business of the
commission as provided in RCW 43.03.050 and 43.03.060.
The compensation provided pursuant to this section shall not
be considered salary for purposes of the provisions of any
retirement system created pursuant to the general laws of this
state. [1998 c 30 § 1; 1984 c 287 § 74; 1982 c 147 § 15; 1975'76 2nd ex.s. c 112 § 8; 1975-'76 2nd ex.s. c 34 § 93; 1975 1st
ex.s. c 294 § 23; 1973 c 1 § 35 (Initiative Measure No. 276,
approved November 7, 1972).]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
42.17.360
42.17.360 Commission—Duties. The commission
shall:
(1) Develop and provide forms for the reports and statements required to be made under this chapter:
(2) Prepare and publish a manual setting forth recommended uniform methods of bookkeeping and reporting for
use by persons required to make reports and statements under
this chapter;
(3) Compile and maintain a current list of all filed reports
and statements;
(4) Investigate whether properly completed statements
and reports have been filed within the times required by this
chapter;
(5) Upon complaint or upon its own motion, investigate
and report apparent violations of this chapter to the appropriate law enforcement authorities;
(2004 Ed.)
42.17.369
(6) Prepare and publish an annual report to the governor
as to the effectiveness of this chapter and its enforcement by
appropriate law enforcement authorities; and
(7) Enforce this chapter according to the powers granted
it by law. [1973 c 1 § 36 (Initiative Measure No. 276,
approved November 7, 1972).]
42.17.362
42.17.362 Toll-free telephone number. In addition to
its regular telephone number, the commission shall offer
political committees and residents of this state the opportunity to contact the commission by a toll-free telephone number. [2000 c 237 § 6.]
42.17.365
42.17.365 Audits and investigations. The commission
shall conduct a sufficient number of audits and field investigations so as to provide a statistically valid finding regarding
the degree of compliance with the provisions of this chapter
by all required filers. Any documents, records, reports, computer files, papers, or materials provided to the commission
for use in conducting audits and investigations must be
returned to the candidate, campaign, or political committee
from which they were received within one week of the commission's completion of an audit or field investigation. [1999
c 401 § 8; 1993 c 2 § 29 (Initiative Measure No. 134,
approved November 3, 1992).]
42.17.367
42.17.367 Web site for commission documents. By
February 1, 2000, the commission shall operate a web site or
contract for the operation of a web site that allows access to
reports, copies of reports, or copies of data and information
submitted in reports, filed with the commission under RCW
42.17.040, 42.17.065, 42.17.080, 42.17.100, and 42.17.105.
By January 1, 2001, the web site shall allow access to reports,
copies of reports, or copies of data and information submitted
in reports, filed with the commission under RCW 42.17.150,
42.17.170, 42.17.175, and 42.17.180. In addition, the commission shall attempt to make available via the web site other
public records submitted to or generated by the commission
that are required by this chapter to be available for public use
or inspection. [1999 c 401 § 9; 1994 c 40 § 2.]
Findings—1994 c 40: "The legislature finds that government information is a strategic resource and needs to be managed as such and that broad
public access to nonrestricted public information and records must be guaranteed. The legislature further finds that reengineering government processes along with capitalizing on advancements made in digital technology
can build greater efficiencies in government service delivery. The legislature
further finds that providing citizen electronic access to presently available
public documents will allow increased citizen involvement in state policies
and empower citizens to participate in state policy decision making." [1994
c 40 § 1.]
Severability—1994 c 40: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1994 c 40 § 6.]
Effective date—1994 c 40: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 21, 1994]." [1994 c 40 § 7.]
42.17.369
42.17.369 Electronic filing—Availability. (1) By July
1, 1999, the commission shall make available to candidates,
public officials, and political committees that are required to
file reports under this chapter an electronic filing alternative
[Title 42 RCW—page 47]
42.17.3691
Title 42 RCW: Public Officers and Agencies
for submitting financial affairs reports, contribution reports,
and expenditure reports, including but not limited to filing by
diskette, modem, satellite, or the Internet.
(2) By January 1, 2002, the commission shall make
available to lobbyists and lobbyists' employers required to
file reports under RCW 42.17.150, 42.17.170, 42.17.175, or
42.17.180 an electronic filing alternative for submitting these
reports including but not limited to filing by diskette, modem,
satellite, or the Internet.
(3) The commission shall make available to candidates,
public officials, political committees, lobbyists, and lobbyists' employers an electronic copy of the appropriate reporting forms at no charge. [2000 c 237 § 3; 1999 c 401 § 11.]
42.17.3691
42.17.3691 Electronic filing—When required. (1)
Beginning January 1, 2002, each candidate or political committee that expended twenty-five thousand dollars or more in
the preceding year or expects to expend twenty-five thousand
dollars or more in the current year shall file all contribution
reports and expenditure reports required by this chapter by
the electronic alternative provided by the commission under
RCW 42.17.369. The commission may make exceptions on a
case-by-case basis for candidates whose authorized committees lack the technological ability to file reports using the
electronic alternative provided by the commission.
(2) Beginning January 1, 2004, each candidate or political committee that expended ten thousand dollars or more in
the preceding year or expects to expend ten thousand dollars
or more in the current year shall file all contribution reports
and expenditure reports required by this chapter by the electronic alternative provided by the commission under RCW
42.17.369. The commission may make exceptions on a caseby-case basis for candidates whose authorized committees
lack the technological ability to file reports using the electronic alternative provided by the commission.
(3) Failure by a candidate or political committee to comply with this section is a violation of this chapter. [2000 c 237
§ 4; 1999 c 401 § 12.]
42.17.370
42.17.370 Commission—Additional powers. The
commission is empowered to:
(1) Adopt, promulgate, amend, and rescind suitable
administrative rules to carry out the policies and purposes of
this chapter, which rules shall be adopted under chapter 34.05
RCW. Any rule relating to campaign finance, political advertising, or related forms that would otherwise take effect after
June 30th of a general election year shall take effect no earlier
than the day following the general election in that year;
(2) Appoint and set, within the limits established by the
committee on agency officials' salaries under RCW
43.03.028, the compensation of an executive director who
shall perform such duties and have such powers as the commission may prescribe and delegate to implement and
enforce this chapter efficiently and effectively. The commission shall not delegate its authority to adopt, amend, or
rescind rules nor shall it delegate authority to determine
whether an actual violation of this chapter has occurred or to
assess penalties for such violations;
(3) Prepare and publish such reports and technical studies as in its judgment will tend to promote the purposes of this
[Title 42 RCW—page 48]
chapter, including reports and statistics concerning campaign
financing, lobbying, financial interests of elected officials,
and enforcement of this chapter;
(4) Make from time to time, on its own motion, audits
and field investigations;
(5) Make public the time and date of any formal hearing
set to determine whether a violation has occurred, the question or questions to be considered, and the results thereof;
(6) Administer oaths and affirmations, issue subpoenas,
and compel attendance, take evidence and require the production of any books, papers, correspondence, memorandums, or
other records relevant or material for the purpose of any
investigation authorized under this chapter, or any other proceeding under this chapter;
(7) Adopt and promulgate a code of fair campaign practices;
(8) Relieve, by rule, candidates or political committees
of obligations to comply with the provisions of this chapter
relating to election campaigns, if they have not received contributions nor made expenditures in connection with any
election campaign of more than *one thousand dollars;
(9) Adopt rules prescribing reasonable requirements for
keeping accounts of and reporting on a quarterly basis costs
incurred by state agencies, counties, cities, and other municipalities and political subdivisions in preparing, publishing,
and distributing legislative information. The term "legislative
information," for the purposes of this subsection, means
books, pamphlets, reports, and other materials prepared, published, or distributed at substantial cost, a substantial purpose
of which is to influence the passage or defeat of any legislation. The state auditor in his or her regular examination of
each agency under chapter 43.09 RCW shall review the rules,
accounts, and reports and make appropriate findings, comments, and recommendations in his or her examination
reports concerning those agencies;
(10) After hearing, by order approved and ratified by a
majority of the membership of the commission, suspend or
modify any of the reporting requirements of this chapter in a
particular case if it finds that literal application of this chapter
works a manifestly unreasonable hardship and if it also finds
that the suspension or modification will not frustrate the purposes of the chapter. The commission shall find that a manifestly unreasonable hardship exists if reporting the name of
an entity required to be reported under RCW
42.17.241(1)(g)(ii) would be likely to adversely affect the
competitive position of any entity in which the person filing
the report or any member of his or her immediate family
holds any office, directorship, general partnership interest, or
an ownership interest of ten percent or more. Any suspension
or modification shall be only to the extent necessary to substantially relieve the hardship. The commission shall act to
suspend or modify any reporting requirements only if it
determines that facts exist that are clear and convincing proof
of the findings required under this section. Requests for
renewals of reporting modifications may be heard in a brief
adjudicative proceeding as set forth in RCW 34.05.482
through 34.05.494 and in accordance with the standards
established in this section. No initial request may be heard in
a brief adjudicative proceeding and no request for renewal
may be heard in a brief adjudicative proceeding if the initial
request was granted more than three years previously or if the
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
applicant is holding an office or position of employment different from the office or position held when the initial request
was granted. The commission shall adopt administrative
rules governing the proceedings. Any citizen has standing to
bring an action in Thurston county superior court to contest
the propriety of any order entered under this section within
one year from the date of the entry of the order; and
(11) Revise, at least once every five years but no more
often than every two years, the monetary reporting thresholds
and reporting code values of this chapter. The revisions shall
be only for the purpose of recognizing economic changes as
reflected by an inflationary index recommended by the office
of financial management. The revisions shall be guided by
the change in the index for the period commencing with the
month of December preceding the last revision and concluding with the month of December preceding the month the
revision is adopted. As to each of the three general categories
of this chapter (reports of campaign finance, reports of lobbyist activity, and reports of the financial affairs of elected and
appointed officials), the revisions shall equally affect all
thresholds within each category. Revisions shall be adopted
as rules under chapter 34.05 RCW. The first revision authorized by this subsection shall reflect economic changes from
the time of the last legislative enactment affecting the respective code or threshold through December 1985;
(12) Develop and provide to filers a system for certification of reports required under this chapter which are transmitted by facsimile or electronically to the commission. Implementation of the program is contingent on the availability of
funds. [1995 c 397 § 17; 1994 c 40 § 3; 1986 c 155 § 11;
1985 c 367 § 11; 1984 c 34 § 7; 1977 ex.s. c 336 § 7; 1975 1st
ex.s. c 294 § 25; 1973 c 1 § 37 (Initiative Measure No. 276,
approved November 7, 1972).]
*Reviser's note: The dollar amounts in this section have been adjusted
for inflation by rule of the commission adopted under the authority of subsection (11) of this section. For current dollar amounts, see chapter 390-16 of
the Washington Administrative Code (WAC).
Findings—Severability—Effective date—1994 c 40: See notes following RCW 42.17.367.
Contingent effective date—Severability—1986 c 155: See notes following RCW 43.03.300.
Severability—1977 ex.s. c 336: See note following RCW 42.17.040.
42.17.375
42.17.375 Reports filed with county elections official—Rules governing. With regard to the reports required
by this chapter to be filed with a county auditor or county
elections official, the commission shall adopt rules governing
the arrangement, handling, indexing, and disclosing of those
reports by the county auditor or county elections official. The
rules shall ensure ease of access by the public to the reports
and shall include, but not be limited to, requirements for
indexing the reports by the names of candidates or political
committees and by the ballot proposition for or against which
a political committee is receiving contributions or making
expenditures. [1983 c 294 § 1.]
42.17.380
42.17.380 Secretary of state, attorney general—
Duties. (1) The office of the secretary of state shall be designated as a place where the public may file papers or correspond with the commission and receive any form or instruction from the commission.
(2004 Ed.)
42.17.395
(2) The attorney general, through his office, shall supply
such assistance as the commission may require in order to
carry out its responsibilities under this chapter. The commission may employ attorneys who are neither the attorney general nor an assistant attorney general to carry out any function
of the attorney general prescribed in this chapter. [1982 c 35
§ 196; 1975 1st ex.s. c 294 § 26; 1973 c 1 § 38 (Initiative
Measure No. 276, approved November 7, 1972).]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
42.17.390
42.17.390 Civil remedies and sanctions. One or more
of the following civil remedies and sanctions may be
imposed by court order in addition to any other remedies provided by law:
(1) If the court finds that the violation of any provision of
this chapter by any candidate or political committee probably
affected the outcome of any election, the result of said election may be held void and a special election held within sixty
days of such finding. Any action to void an election shall be
commenced within one year of the date of the election in
question. It is intended that this remedy be imposed freely in
all appropriate cases to protect the right of the electorate to an
informed and knowledgeable vote.
(2) If any lobbyist or sponsor of any grass roots lobbying
campaign violates any of the provisions of this chapter, his
registration may be revoked or suspended and he may be
enjoined from receiving compensation or making expenditures for lobbying: PROVIDED, HOWEVER, That imposition of such sanction shall not excuse said lobbyist from filing statements and reports required by this chapter.
(3) Any person who violates any of the provisions of this
chapter may be subject to a civil penalty of not more than ten
thousand dollars for each such violation. However, a person
or entity who violates RCW 42.17.640 may be subject to a
civil penalty of ten thousand dollars or three times the amount
of the contribution illegally made or accepted, whichever is
greater.
(4) Any person who fails to file a properly completed
statement or report within the time required by this chapter
may be subject to a civil penalty of ten dollars per day for
each day each such delinquency continues.
(5) Any person who fails to report a contribution or
expenditure may be subject to a civil penalty equivalent to the
amount he failed to report.
(6) The court may enjoin any person to prevent the doing
of any act herein prohibited, or to compel the performance of
any act required herein. [1993 c 2 § 28 (Initiative Measure
No. 134, approved November 3, 1992); 1973 c 1 § 39 (Initiative Measure No. 276, approved November 7, 1972).]
42.17.395
42.17.395 Violations—Determination by commission—Procedure. (1) The commission may (a) determine
whether an actual violation of this chapter has occurred; and
(b) issue and enforce an appropriate order following such
determination.
(2) The commission, in cases where it chooses to determine whether an actual violation of this chapter has occurred,
shall hold a hearing pursuant to the Administrative Procedure
Act, chapter 34.05 RCW, to make such determination. Any
[Title 42 RCW—page 49]
42.17.397
Title 42 RCW: Public Officers and Agencies
order that the commission issues under this section shall be
pursuant to such hearing.
(3) In lieu of holding a hearing or issuing an order under
this section, the commission may refer the matter to the attorney general or other enforcement agency as provided in RCW
42.17.360.
(4) The person against whom an order is directed under
this section shall be designated as the respondent. The order
may require the respondent to cease and desist from the activity that constitutes a violation and in addition, or alternatively, may impose one or more of the remedies provided in
*RCW 42.17.390(1) (b), (c), (d), or (e): PROVIDED, That
no individual penalty assessed by the commission may
exceed one thousand dollars, and in any case where multiple
violations are involved in a single complaint or hearing, the
maximum aggregate penalty may not exceed two thousand
five hundred dollars.
(5) An order issued by the commission under this section
shall be subject to judicial review under the Administrative
Procedure Act, chapter 34.05 RCW. If the commission's
order is not satisfied and no petition for review is filed within
thirty days as provided in RCW 34.05.542, the commission
may petition a court of competent jurisdiction of any county
in which a petition for review could be filed under that section, for an order of enforcement. Proceedings in connection
with the commission's petition shall be in accordance with
RCW 42.17.397. [1989 c 175 § 91; 1985 c 367 § 12; 1982 c
147 § 16; 1975-'76 2nd ex.s. c 112 § 12.]
*Reviser's note: RCW 42.17.390 was amended by 1993 c 2 § 28,
changing subsection (1)(b), (c), (d), and (e) to subsections (2), (3), (4), and
(5).
Effective date—1989 c 175: See note following RCW 34.05.010.
42.17.397
42.17.397 Procedure upon petition for enforcement
of order of commission—Court's order of enforcement.
The following procedure shall apply in all cases where the
commission has petitioned a court of competent jurisdiction
for enforcement of any order it has issued pursuant to this
chapter:
(1) A copy of the petition shall be served by certified
mail directed to the respondent at his last known address. The
court shall issue an order directing the respondent to appear at
a time designated in the order, not less than five days from the
date thereof, and show cause why the commission's order
should not be enforced according to its terms.
(2) The commission's order shall be enforced by the
court if the respondent does not appear, or if the respondent
appears and the court finds, pursuant to a hearing held for that
purpose:
(a) That the commission's order is unsatisfied; and
(b) That the order is regular on its face; and
(c) That the respondent's answer discloses no valid reason why the commission's order should not be enforced or
that the respondent had an appropriate remedy by review
under RCW 34.05.570(3) and failed to avail himself of that
remedy without valid excuse.
(3) Upon appropriate application by the respondent, the
court may, after hearing and for good cause, alter, amend,
revise, suspend, or postpone all or part of the commission's
order. In any case where the order is not enforced by the court
according to its terms, the reasons for the court's actions shall
[Title 42 RCW—page 50]
be clearly stated in writing, and such action shall be subject to
review by the appellate courts by certiorari or other appropriate proceeding.
(4) The court's order of enforcement, when entered, shall
have the same force and effect as a civil judgment.
(5) Notwithstanding RCW 34.05.578 through 34.05.590,
this section is the exclusive method for enforcing an order of
the commission. [1989 c 175 § 92; 1982 c 147 § 17; 1975-'76
2nd ex.s. c 112 § 13.]
Effective date—1989 c 175: See note following RCW 34.05.010.
42.17.400
42.17.400 Enforcement. (1) The attorney general and
the prosecuting authorities of political subdivisions of this
state may bring civil actions in the name of the state for any
appropriate civil remedy, including but not limited to the special remedies provided in RCW 42.17.390.
(2) The attorney general and the prosecuting authorities
of political subdivisions of this state may investigate or cause
to be investigated the activities of any person who there is
reason to believe is or has been acting in violation of this
chapter, and may require any such person or any other person
reasonably believed to have information concerning the
activities of such person to appear at a time and place designated in the county in which such person resides or is found,
to give such information under oath and to produce all
accounts, bills, receipts, books, paper and documents which
may be relevant or material to any investigation authorized
under this chapter.
(3) When the attorney general or the prosecuting authority of any political subdivision of this state requires the attendance of any person to obtain such information or the production of the accounts, bills, receipts, books, papers, and documents which may be relevant or material to any investigation
authorized under this chapter, he shall issue an order setting
forth the time when and the place where attendance is
required and shall cause the same to be delivered to or sent by
registered mail to the person at least fourteen days before the
date fixed for attendance. Such order shall have the same
force and effect as a subpoena, shall be effective statewide,
and, upon application of the attorney general or said prosecuting authority, obedience to the order may be enforced by
any superior court judge in the county where the person
receiving it resides or is found, in the same manner as though
the order were a subpoena. The court, after hearing, for good
cause, and upon application of any person aggrieved by the
order, shall have the right to alter, amend, revise, suspend, or
postpone all or any part of its provisions. In any case where
the order is not enforced by the court according to its terms,
the reasons for the court's actions shall be clearly stated in
writing, and such action shall be subject to review by the
appellate courts by certiorari or other appropriate proceeding.
(4) Any person who has notified the attorney general and
the prosecuting attorney in the county in which the violation
occurred in writing that there is reason to believe that some
provision of this chapter is being or has been violated may
himself bring in the name of the state any of the actions (hereinafter referred to as a citizen's action) authorized under this
chapter. This citizen action may be brought only if the attorney general and the prosecuting attorney have failed to commence an action hereunder within forty-five days after such
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
notice and such person has thereafter further notified the
attorney general and prosecuting attorney that said person
will commence a citizen's action within ten days upon their
failure so to do, and the attorney general and the prosecuting
attorney have in fact failed to bring such action within ten
days of receipt of said second notice. If the person who brings
the citizen's action prevails, the judgment awarded shall
escheat to the state, but he shall be entitled to be reimbursed
by the state of Washington for costs and attorney's fees he has
incurred: PROVIDED, That in the case of a citizen's action
which is dismissed and which the court also finds was
brought without reasonable cause, the court may order the
person commencing the action to pay all costs of trial and
reasonable attorney's fees incurred by the defendant.
(5) In any action brought under this section, the court
may award to the state all costs of investigation and trial,
including a reasonable attorney's fee to be fixed by the court.
If the violation is found to have been intentional, the amount
of the judgment, which shall for this purpose include the
costs, may be trebled as punitive damages. If damages or trebled damages are awarded in such an action brought against
a lobbyist, the judgment may be awarded against the lobbyist,
and the lobbyist's employer or employers joined as defendants, jointly, severally, or both. If the defendant prevails, he
shall be awarded all costs of trial, and may be awarded a reasonable attorney's fee to be fixed by the court to be paid by
the state of Washington. [1975 1st ex.s. c 294 § 27; 1973 c 1
§ 40 (Initiative Measure No. 276, approved November 7,
1972).]
42.17.405 Suspension, reapplication of reporting
requirements in small political subdivisions. (1) Except as
provided in subsections (2) and (3) of this section, the reporting provisions of this chapter do not apply to candidates,
elected officials, and agencies in political subdivisions with
less than one thousand registered voters as of the date of the
most recent general election in the jurisdiction, to political
committees formed to support or oppose candidates or ballot
propositions in such political subdivisions, or to persons
making independent expenditures in support of or opposition
to such ballot propositions.
(2) The reporting provisions of this chapter apply in any
exempt political subdivision from which a "petition for disclosure" containing the valid signatures of fifteen percent of
the number of registered voters, as of the date of the most
recent general election in the political subdivision, is filed
with the commission. The commission shall by rule prescribe
the form of the petition. After the signatures are gathered, the
petition shall be presented to the auditor or elections officer
of the county, or counties, in which the political subdivision
is located. The auditor or elections officer shall verify the signatures and certify to the commission that the petition contains no less than the required number of valid signatures.
The commission, upon receipt of a valid petition, shall order
every known affected person in the political subdivision to
file the initially required statement and reports within fourteen days of the date of the order.
(3) The reporting provisions of this chapter apply in any
exempt political subdivision that by ordinance, resolution, or
other official action has petitioned the commission to make
the provisions applicable to elected officials and candidates
42.17.405
(2004 Ed.)
42.17.420
of the exempt political subdivision. A copy of the action shall
be sent to the commission. If the commission finds the petition to be a valid action of the appropriate governing body or
authority, the commission shall order every known affected
person in the political subdivision to file the initially required
statement and reports within fourteen days of the date of the
order.
(4) The commission shall void any order issued by it pursuant to subsection (2) or (3) of this section when, at least
four years after issuing the order, the commission is presented a petition or official action so requesting from the
affected political subdivision. Such petition or official action
shall meet the respective requirements of subsection (2) or
(3) of this section.
(5) Any petition for disclosure, ordinance, resolution, or
official action of an agency petitioning the commission to
void the exemption in RCW 42.17.030(3) shall not be considered unless it has been filed with the commission:
(a) In the case of a ballot measure, at least sixty days
before the date of any election in which campaign finance
reporting is to be required;
(b) In the case of a candidate, at least sixty days before
the first day on which a person may file a declaration of candidacy for any election in which campaign finance reporting
is to be required.
(6) Any person exempted from reporting under this
chapter may at his or her option file the statement and reports.
[1986 c 12 § 3; 1985 c 367 § 13; 1982 c 60 § 1.]
42.17.410
42.17.410 Limitation on actions. Any action brought
under the provisions of this chapter must be commenced
within five years after the date when the violation occurred.
[1982 c 147 § 18; 1973 c 1 § 41 (Initiative Measure No. 276,
approved November 7, 1972).]
42.17.420
42.17.420 Date of mailing deemed date of receipt—
Exceptions—Electronic filings. (1) Except as provided in
subsection (2) of this section, when any application, report,
statement, notice, or payment required to be made under the
provisions of this chapter has been deposited postpaid in the
United States mail properly addressed, it shall be deemed to
have been received on the date of mailing. It shall be presumed that the date shown by the post office cancellation
mark on the envelope is the date of mailing. The provisions of
this section do not apply to reports required to be delivered
under RCW 42.17.105 and 42.17.175.
(2) When a report is filed electronically with the commission, it is deemed to have been received on the file transfer date. The commission shall notify the filer of receipt of
the electronically filed report. Such notification may be sent
by mail, facsimile, or electronic mail. If the notification of
receipt of the electronically filed report is not received by the
filer, the filer may offer his or her own proof of sending the
report, and such proof shall be treated as if it were a receipt
sent by the commission. Electronic filing may be used for
purposes of filing the special reports required to be delivered
under RCW 42.17.105 and 42.17.175. [1999 c 401 § 10;
1995 c 397 § 18; 1983 c 176 § 2; 1973 c 1 § 42 (Initiative
Measure No. 276, approved November 7, 1972).]
[Title 42 RCW—page 51]
42.17.430
Title 42 RCW: Public Officers and Agencies
42.17.430
42.17.430 Certification of reports. Every report and
statement required to be filed under this chapter shall identify
the person preparing it, and shall be certified as complete and
correct, both by the person preparing it and by the person on
whose behalf it is filed. [1973 c 1 § 43 (Initiative Measure
No. 276, approved November 7, 1972).]
42.17.440
42.17.440 Statements and reports public records. All
statements and reports filed under this chapter shall be public
records of the agency where they are filed, and shall be available for public inspection and copying during normal business hours at the expense of the person requesting copies,
provided that the charge for such copies shall not exceed
actual cost to the agency. [1973 c 1 § 44 (Initiative Measure
No. 276, approved November 7, 1972).]
42.17.450
42.17.450 Duty to preserve statements and reports.
Persons with whom statements or reports or copies of statements or reports are required to be filed under this chapter
shall preserve them for not less than six years. The commission, however, shall preserve such statements or reports for
not less than ten years. [1973 c 1 § 45 (Initiative Measure No.
276, approved November 7, 1972).]
42.17.460
42.17.460 Access to reports—Legislative intent. It is
the intent of the legislature to ensure that the commission provide the general public timely access to all contribution and
expenditure reports submitted by candidates, continuing
political committees, bona fide political parties, lobbyists,
and lobbyists' employers. The legislature finds that failure to
meet goals for full and timely disclosure threatens to undermine our electoral process.
Furthermore, the legislature intends for the commission
to consult with the department of information services as it
seeks to implement chapter 401, Laws of 1999, and that the
commission follow the standards and procedures established
by the department of information services in chapter 43.105
RCW as they relate to information technology. [1999 c 401
§ 1.]
42.17.461
42.17.461 Access goals. (1) The commission shall
establish goals that all reports, copies of reports, or copies of
the data or information included in reports, filed under RCW
42.17.040, 42.17.065, 42.17.080, 42.17.100, 42.17.105,
42.17.150, 42.17.170, 42.17.175, and 42.17.180, that are:
(a) Submitted using the commission's electronic filing
system shall be accessible in the commission's office within
two business days of the commission's receipt of the report
and shall be accessible on the commission's web site within
seven business days of the commission's receipt of the report;
and
(b) Submitted in any format or using any method other
than as described in (a) of this subsection, shall be accessible
in the commission's office within four business days of the
actual physical receipt of the report, and not the technical
date of filing as provided under RCW 42.17.420, and shall be
accessible on the commission's web site within fourteen business days of the actual physical receipt of the report, and not
the technical date of filing as provided under RCW
42.17.420, as specified in rule adopted by the commission.
[Title 42 RCW—page 52]
(2) On January 1, 2001, or shortly thereafter, the commission shall revise these goals to reflect that all reports, copies of reports, or copies of the data or information included in
reports, filed under RCW 42.17.040, 42.17.065, 42.17.080,
42.17.100, 42.17.105, 42.17.150, 42.17.170, 42.17.175, and
42.17.180, that are:
(a) Submitted using the commission's electronic filing
system shall be accessible in the commission's office within
two business days of the commission's receipt of the report
and on the commission's web site within four business days
of the commission's receipt of the report; and
(b) Submitted in any format or using any method other
than as described in (a) of this subsection, shall be accessible
in the commission's office within four business days of the
actual physical receipt of the report, and not the technical
date of filing as provided under RCW 42.17.420, and on the
commission's web site within seven business days of the
actual physical receipt of the report, and not the technical
date of filing as provided under RCW 42.17.420, as specified
in rule adopted by the commission.
(3) On January 1, 2002, or shortly thereafter, the commission shall revise these goals to reflect that all reports, copies of reports, or copies of the data or information included in
reports, filed under RCW 42.17.040, 42.17.065, 42.17.080,
42.17.100, 42.17.105, 42.17.150, 42.17.170, 42.17.175, and
42.17.180, that are:
(a) Submitted using the commission's electronic filing
system must be accessible in the commission's office and on
the commission's web site within two business days of the
commission's receipt of the report; and
(b) Submitted in any format or using any method other
than as described in (a) of this subsection, must be accessible
in the commission's office and on the commission's web site
within four business days of the actual physical receipt of the
report, and not the technical date of filing as provided under
RCW 42.17.420, as specified in rule adopted by the commission. [2000 c 237 § 5; 1999 c 401 § 2.]
42.17.463 Access performance measures. By July 1st
of each year beginning in 2000, the commission shall calculate the following performance measures, provide a copy of
the performance measures to the governor and appropriate
legislative committees, and make the performance measures
available to the public:
(1) The average number of days that elapse between the
commission's receipt of reports filed under RCW 42.17.040,
42.17.065, 42.17.080, and 42.17.100 and the time that the
report, a copy of the report, or a copy of the data or information included in the report, is first accessible to the general
public (a) in the commission's office, and (b) via the commission's web site;
(2) The average number of days that elapse between the
commission's receipt of reports filed under RCW 42.17.105
and the time that the report, a copy of the report, or a copy of
the data or information included in the report, is first accessible to the general public (a) in the commission's office, and
(b) via the commission's web site;
(3) The average number of days that elapse between the
commission's receipt of reports filed under RCW 42.17.150,
42.17.170, 42.17.175, and 42.17.180 and the time that the
report, a copy of the report, or a copy of the data or informa42.17.463
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
tion included in the report, is first accessible to the general
public (a) in the commission's office, and (b) via the commission's web site;
(4) The percentage of candidates, categorized as statewide, state legislative, or local, that have used each of the following methods to file reports under RCW 42.17.080 or
42.17.105: (a) Hard copy paper format; (b) electronic format
via diskette; (c) electronic format via modem or satellite; (d)
electronic format via the Internet; and (e) any other format or
method;
(5) The percentage of continuing political committees
that have used each of the following methods to file reports
under RCW 42.17.065 or 42.17.105: (a) Hard copy paper
format; (b) electronic format via diskette; (c) electronic format via modem or satellite; (d) electronic format via the
Internet; and (e) any other format or method; and
(6) The percentage of lobbyists and lobbyists' employers
that have used each of the following methods to file reports
under RCW 42.17.150, 42.17.170, 42.17.175, or 42.17.180:
(a) Hard copy paper format; (b) electronic format via diskette; (c) electronic format via modem or satellite; (d) electronic format via the Internet; and (e) any other format or
method. [1999 c 401 § 3.]
42.17.465
42.17.465 Information technology plan—Contents.
(1) The commission shall develop an information technology
plan consistent with plans or portfolios required by chapter
43.105 RCW.
(2) The plan must include, but not be limited to, the following:
(a) A baseline assessment of the agency's information
technology resources and capabilities that will serve as the
benchmark for subsequent planning and performance measures;
(b) A statement of the agency's mission, goals, and
objectives for information technology, including goals and
objectives for achieving electronic access to agency records,
information, and services for at least the next five years;
(c) An explanation of how the agency's mission, goals,
and objectives for information technology support and conform to the state strategic information technology plan;
(d) An implementation strategy to enhance electronic
access to public records and information required to be filed
with and disclosed by the commission. This implementation
strategy must be assembled to include:
(i) Adequate public notice and opportunity for comment;
(ii) Consideration of a variety of electronic technologies,
including those that help to transcend geographic locations,
standard business hours, economic conditions of users, and
disabilities;
(iii) Methods to educate agency employees, the public,
and the news media in the effective use of agency technology;
(iv) Ways to simplify and improve public access to information held by the commission through electronic means;
(e) Projects and resources required to meet the objectives
of the plan; and
(f) If feasible, estimated schedules and funding required
to implement identified projects. [1999 c 401 § 4.]
(2004 Ed.)
42.17.510
42.17.467 Information technology plan—Consultation. In preparing the information technology plan, the commission shall consult with affected state agencies, the department of information services, and stakeholders in the commission's work, including representatives of political
committees, bona fide political parties, news media, and the
general public. [1999 c 401 § 5.]
42.17.467
42.17.469 Information technology plan—Submission. The commission shall submit the information technology plan to the senate and house of representatives fiscal
committees, the governor, the senate state and local government committee, the house of representatives state government committee, and the department of information services
by February 1, 2000. It is the intent of the legislature that the
commission thereafter comply with the requirements of chapter 43.105 RCW with respect to preparation and submission
of biennial performance reports on the commission's information technology. [1999 c 401 § 6.]
42.17.469
42.17.471 Access performance reports. The commission shall prepare and submit to the department of information services a biennial performance report in accordance
with chapter 43.105 RCW.
The report must include:
(1) An evaluation of the agency's performance relating to
information technology;
(2) An assessment of progress made toward implementing the agency information technology plan;
(3) An analysis of the commission's performance measures, set forth in RCW 42.17.463, that relate to the electronic
filing of reports and timely public access to those reports via
the commission's web site;
(4) A comprehensive description of the methods by
which citizens may interact with the agency in order to obtain
information and services from the commission; and
(5) An inventory of agency information services, equipment, and proprietary software. [1999 c 401 § 7.]
42.17.471
POLITICAL ADVERTISING
42.17.505 Definitions. The definitions set forth in this
section apply throughout RCW 42.17.510 through 42.17.540.
(1) "Actual malice" means to act with knowledge of falsity or with reckless disregard as to truth or falsity.
(2) "Sponsor" means the candidate, political committee,
or person paying for the advertisement. If a person acts as an
agent for another or is reimbursed by another for the payment, the original source of the payment is the sponsor.
(3) "Incumbent" means a person who is in present possession of an elected office. [1988 c 199 § 1.]
42.17.505
42.17.510 Identification of sponsor—Exemptions.
(1) All written political advertising, whether relating to candidates or ballot propositions, shall include the sponsor's
name and address. All radio and television political advertising, whether relating to candidates or ballot propositions,
shall include the sponsor's name. The use of an assumed
name shall be unlawful. The party with which a candidate
files shall be clearly identified in political advertising for partisan office.
42.17.510
[Title 42 RCW—page 53]
42.17.520
Title 42 RCW: Public Officers and Agencies
(2) In addition to the materials required by subsection (1)
of this section, all political advertising undertaken as an independent expenditure by a person or entity other than a party
organization must include the following statement on the
communication "NOTICE TO VOTERS (Required by law):
This advertisement is not authorized or approved by any candidate. It is paid for by (name, address, city, state)." If the
advertisement undertaken as an independent expenditure is
undertaken by a nonindividual other than a party organization, then the following notation must also be included: "Top
Five Contributors," followed by a listing of the names of the
five persons or entities making the largest contributions
reportable under this chapter during the twelve-month period
before the date of the advertisement.
(3) The statements and listings of contributors required
by subsections (1) and (2) of this section shall:
(a) Appear on the first page or fold of the written communication in at least ten-point type, or in type at least ten
percent of the largest size type used in a written communication directed at more than one voter, such as a billboard or
poster, whichever is larger;
(b) Not be subject to the half-tone or screening process;
(c) Be set apart from any other printed matter; and
(d) Be clearly spoken on any broadcast advertisement.
(4) Political yard signs are exempt from the requirement
of subsections (1) and (2) of this section that the name and
address of the sponsor of political advertising be listed on the
advertising. In addition, the public disclosure commission
shall, by rule, exempt from the identification requirements of
subsections (1) and (2) of this section forms of political
advertising such as campaign buttons, balloons, pens, pencils, sky-writing, inscriptions, and other forms of advertising
where identification is impractical.
(5) For the purposes of this section, "yard sign" means
any outdoor sign with dimensions no greater than eight feet
by four feet. [1995 c 397 § 19; 1993 c 2 § 22 (Initiative Measure No. 134, approved November 3, 1992); 1984 c 216 § 1.]
Advertising rates for political candidates: RCW 65.16.095.
42.17.520
42.17.520 Picture of candidate. At least one picture of
the candidate used in any political advertising shall have been
taken within the last five years and shall be no smaller than
the largest picture of the same candidate used in the same
advertisement. [1984 c 216 § 2.]
42.17.530
42.17.530 False political advertising. (1) It is a violation of this chapter for a person to sponsor with actual malice:
(a) Political advertising that contains a false statement of
material fact about a candidate for public office. However,
this subsection (1)(a) does not apply to statements made by a
candidate or the candidate's agent about the candidate himself
or herself;
(b) Political advertising that falsely represents that a candidate is the incumbent for the office sought when in fact the
candidate is not the incumbent;
(c) Political advertising that makes either directly or
indirectly, a false claim stating or implying the support or
endorsement of any person or organization when in fact the
candidate does not have such support or endorsement.
[Title 42 RCW—page 54]
(2) Any violation of this section shall be proven by clear
and convincing evidence. [1999 c 304 § 2; 1988 c 199 § 2;
1984 c 216 § 3.]
Finding—Intent—1999 c 304: "(1) The Washington supreme court in
a case involving a ballot measure, State v. 119 Vote No! Committee, 135
Wn.2d 618 (1998), found the statute that prohibits persons from sponsoring,
with actual malice, political advertising containing false statements of material fact to be invalid under the First Amendment to the United States Constitution.
(2) The legislature finds that a review of the opinions indicates that a
majority of the supreme court may find valid a statute that limited such a prohibition on sponsoring with actual malice false statements of material fact in
a political campaign to statements about a candidate in an election for public
office.
(3) It is the intent of the legislature to amend the current law to provide
protection for candidates for public office against false statements of material fact sponsored with actual malice." [1999 c 304 § 1.]
42.17.540
42.17.540 Responsibility for compliance. (1) Except
as provided in subsection (2) of this section, the responsibility for compliance with RCW 42.17.510 through 42.17.530
shall rest with the sponsor of the political advertising and not
with the broadcasting station or other medium.
(2) If a broadcasting station or other medium changes the
content of a political advertisement, the station or medium
shall be responsible for any failure of the advertisement to
comply with RCW 42.17.510 through 42.17.530 that results
from that change. [1984 c 216 § 4.]
42.17.550
42.17.550 Independent expenditure disclosure. A
person or entity other than a party organization making an
independent expenditure by mailing one thousand or more
identical or nearly identical cumulative pieces of political
advertising in a single calendar year shall, within two working days after the date of the mailing, file a statement disclosing the number of pieces in the mailing and an example of the
mailed political advertising with the election officer of the
county or residence for the candidate supported or opposed
by the independent campaign expenditure or, in the case of an
expenditure made in support of or in opposition to a ballot
proposition, the county of residence for the person making
the expenditure. [1993 c 2 § 23 (Initiative Measure No. 134,
approved November 3, 1992).]
CAMPAIGN CONTRIBUTION LIMITATIONS
42.17.610
42.17.610 Findings. The people of the state of Washington find and declare that:
(1) The financial strength of certain individuals or organizations should not permit them to exercise a disproportionate or controlling influence on the election of candidates.
(2) Rapidly increasing political campaign costs have led
many candidates to raise larger percentages of money from
special interests with a specific financial stake in matters
before state government. This has caused the public perception that decisions of elected officials are being improperly
influenced by monetary contributions.
(3) Candidates are raising less money in small contributions from individuals and more money from special interests. This has created the public perception that individuals
have an insignificant role to play in the political process.
[1993 c 2 § 1 (Initiative Measure No. 134, approved November 3, 1992).]
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
42.17.620
42.17.620 Intent. By limiting campaign contributions,
the people intend to:
(1) Ensure that individuals and interest groups have fair
and equal opportunity to influence elective and governmental
processes;
(2) Reduce the influence of large organizational contributors; and
(3) Restore public trust in governmental institutions and
the electoral process. [1993 c 2 § 2 (Initiative Measure No.
134, approved November 3, 1992).]
42.17.640
42.17.640 Limits specified—Exemptions. (1) No person, other than a bona fide political party or a caucus political
committee, may make contributions to a candidate for a state
legislative office that in the aggregate exceed *five hundred
dollars or to a candidate for a state office other than a state
legislative office that in the aggregate exceed *one thousand
dollars for each election in which the candidate is on the ballot or appears as a write-in candidate. Contributions made
with respect to a primary may not be made after the date of
the primary. However, contributions to a candidate or a candidate's authorized committee may be made with respect to a
primary until thirty days after the primary, subject to the following limitations: (a) The candidate lost the primary; (b) the
candidate's authorized committee has insufficient funds to
pay debts outstanding as of the date of the primary; and (c)
the contributions may only be raised and spent to satisfy the
outstanding debt. Contributions made with respect to a general election may not be made after the final day of the applicable election cycle.
(2) No person, other than a bona fide political party or a
caucus political committee, may make contributions to a state
official against whom recall charges have been filed, or to a
political committee having the expectation of making expenditures in support of the recall of the state official, during a
recall campaign that in the aggregate exceed *five hundred
dollars if for a state legislative office or *one thousand dollars
if for a state office other than a state legislative office.
(3)(a) Notwithstanding subsection (1) of this section, no
bona fide political party or caucus political committee may
make contributions to a candidate during an election cycle
that in the aggregate exceed (i) *fifty cents multiplied by the
number of eligible registered voters in the jurisdiction from
which the candidate is elected if the contributor is a caucus
political committee or the governing body of a state organization, or (ii) *twenty-five cents multiplied by the number of
registered voters in the jurisdiction from which the candidate
is elected if the contributor is a county central committee or a
legislative district committee.
(b) No candidate may accept contributions from a county
central committee or a legislative district committee during
an election cycle that when combined with contributions
from other county central committees or legislative district
committees would in the aggregate exceed *twenty-five cents
times the number of registered voters in the jurisdiction from
which the candidate is elected.
(4)(a) Notwithstanding subsection (2) of this section, no
bona fide political party or caucus political committee may
make contributions to a state official against whom recall
charges have been filed, or to a political committee having
the expectation of making expenditures in support of the state
(2004 Ed.)
42.17.640
official, during a recall campaign that in the aggregate exceed
(i) *fifty cents multiplied by the number of eligible registered
voters in the jurisdiction entitled to recall the state official if
the contributor is a caucus political committee or the governing body of a state organization, or (ii) *twenty-five cents
multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a
county central committee or a legislative district committee.
(b) No state official against whom recall charges have
been filed, no authorized committee of the official, and no
political committee having the expectation of making expenditures in support of the recall of a state official may accept
contributions from a county central committee or a legislative
district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate
exceed *twenty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is
elected.
(5) For purposes of determining contribution limits
under subsections (3) and (4) of this section, the number of
eligible registered voters in a jurisdiction is the number at the
time of the most recent general election in the jurisdiction.
(6) Notwithstanding subsections (1) through (4) of this
section, no person other than an individual, bona fide political party, or caucus political committee may make contributions reportable under this chapter to a caucus political committee that in the aggregate exceed *five hundred dollars in a
calendar year or to a bona fide political party that in the
aggregate exceed *two thousand five hundred dollars in a calendar year. This subsection does not apply to loans made in
the ordinary course of business.
(7) For the purposes of RCW 42.17.640 through
42.17.790, a contribution to the authorized political committee of a candidate, or of a state official against whom recall
charges have been filed, is considered to be a contribution to
the candidate or state official.
(8) A contribution received within the twelve-month
period after a recall election concerning a state office is considered to be a contribution during that recall campaign if the
contribution is used to pay a debt or obligation incurred to
influence the outcome of that recall campaign.
(9) The contributions allowed by subsection (2) of this
section are in addition to those allowed by subsection (1) of
this section, and the contributions allowed by subsection (4)
of this section are in addition to those allowed by subsection
(3) of this section.
(10) RCW 42.17.640 through 42.17.790 apply to a special election conducted to fill a vacancy in a state office.
However, the contributions made to a candidate or received
by a candidate for a primary or special election conducted to
fill such a vacancy shall not be counted toward any of the limitations that apply to the candidate or to contributions made to
the candidate for any other primary or election.
(11) Notwithstanding the other subsections of this section, no corporation or business entity not doing business in
Washington state, no labor union with fewer than ten members who reside in Washington state, and no political committee that has not received contributions of ten dollars or
more from at least ten persons registered to vote in Washington state during the preceding one hundred eighty days may
[Title 42 RCW—page 55]
42.17.650
Title 42 RCW: Public Officers and Agencies
make contributions reportable under this chapter to a candidate, to a state official against whom recall charges have been
filed, or to a political committee having the expectation of
making expenditures in support of the recall of the official.
This subsection does not apply to loans made in the ordinary
course of business.
(12) Notwithstanding the other subsections of this section, no county central committee or legislative district committee may make contributions reportable under this chapter
to a candidate, state official against whom recall charges have
been filed, or political committee having the expectation of
making expenditures in support of the recall of a state official
if the county central committee or legislative district committee is outside of the jurisdiction entitled to elect the candidate
or recall the state official.
(13) No person may accept contributions that exceed the
contribution limitations provided in this section.
(14) The following contributions are exempt from the
contribution limits of this section:
(a) An expenditure or contribution earmarked for voter
registration, for absentee ballot information, for precinct caucuses, for get-out-the-vote campaigns, for precinct judges or
inspectors, for sample ballots, or for ballot counting, all without promotion of or political advertising for individual candidates; or
(b) An expenditure by a political committee for its own
internal organization or fund raising without direct association with individual candidates. [2001 c 208 § 1; 1995 c 397
§ 20; 1993 c 2 § 4 (Initiative Measure No. 134, approved
November 3, 1992).]
*Reviser's note: The monetary amounts in this section have been
adjusted for inflation by rule of the commission adopted under the authority
of RCW 42.17.690. For current dollar amounts, see chapter 390-05 of the
Washington Administration Code (WAC).
42.17.650
42.17.650 Attribution and aggregation of family contributions. (1) Contributions by a husband and wife are considered separate contributions.
(2) Contributions by unemancipated children under eighteen years of age are considered contributions by their parents
and are attributed proportionately to each parent. Fifty percent of the contributions are attributed to each parent or, in
the case of a single custodial parent, the total amount is attributed to the parent. [1993 c 2 § 5 (Initiative Measure No. 134,
approved November 3, 1992).]
42.17.660
42.17.660 Attribution of contributions by controlled
entities. For purposes of this chapter:
(1) A contribution by a political committee with funds
that have all been contributed by one person who exercises
exclusive control over the distribution of the funds of the
political committee is a contribution by the controlling person.
(2) Two or more entities are treated as a single entity if
one of the two or more entities is a subsidiary, branch, or
department of a corporation or a local unit, branch, or affiliate
of a trade association, labor union, or collective bargaining
association. All contributions made by a person or political
committee whose contribution or expenditure activity is
financed, maintained, or controlled by a trade association,
labor union, collective bargaining organization, or the local
[Title 42 RCW—page 56]
unit of a trade association, labor union, or collective bargaining organization are considered made by the same person or
entity. [1993 c 2 § 6 (Initiative Measure No. 134, approved
November 3, 1992).]
42.17.670
42.17.670 Attribution of contributions generally—
"Earmarking." All contributions made by a person or
entity, either directly or indirectly, to a candidate, to a state
official against whom recall charges have been filed, or to a
political committee, are considered to be contributions from
that person or entity to the candidate, state official, or political committee, as are contributions that are in any way earmarked or otherwise directed through an intermediary or conduit to the candidate, state official, or political committee.
For the purposes of this section, "earmarked" means a designation, instruction, or encumbrance, whether direct or indirect, expressed or implied, or oral or written, that is intended
to result in or does result in all or any part of a contribution
being made to a certain candidate or state official. If a conduit
or intermediary exercises any direction or control over the
choice of the recipient candidate or state official, the contribution is considered to be by both the original contributor and
the conduit or intermediary. [1993 c 2 § 7 (Initiative Measure
No. 134, approved November 3, 1992).]
42.17.680
42.17.680 Limitations on employers or labor organizations. (1) No employer or labor organization may increase
the salary of an officer or employee, or give an emolument to
an officer, employee, or other person or entity, with the intention that the increase in salary, or the emolument, or a part of
it, be contributed or spent to support or oppose a candidate,
state official against whom recall charges have been filed,
political party, or political committee.
(2) No employer or labor organization may discriminate
against an officer or employee in the terms or conditions of
employment for (a) the failure to contribute to, (b) the failure
in any way to support or oppose, or (c) in any way supporting
or opposing a candidate, ballot proposition, political party, or
political committee. At least annually, an employee from
whom wages or salary are withheld under subsection (3) of
this section shall be notified of the provisions of this subsection.
(3) No employer or other person or entity responsible for
the disbursement of funds in payment of wages or salaries
may withhold or divert a portion of an employee's wages or
salaries for contributions to political committees or for use as
political contributions except upon the written request of the
employee. The request must be made on a form prescribed by
the commission informing the employee of the prohibition
against employer and labor organization discrimination
described in subsection (2) of this section. The employee may
revoke the request at any time. At least annually, the
employee shall be notified about the right to revoke the
request.
(4) Each person or entity who withholds contributions
under subsection (3) of this section shall maintain open for
public inspection for a period of no less than three years, during normal business hours, documents and books of accounts
that shall include a copy of each employee's request, the
amounts and dates funds were actually withheld, and the
(2004 Ed.)
Disclosure—Campaign Finances—Lobbying—Records
amounts and dates funds were transferred to a political committee. Copies of such information shall be delivered to the
commission upon request. [2002 c 156 § 1; 1993 c 2 § 8 (Initiative Measure No. 134, approved November 3, 1992).]
Effective date—2002 c 156: "This act takes effect July 1, 2002." [2002
c 156 § 2.]
42.17.690
42.17.690 Changing monetary limits. At the beginning of each even-numbered calendar year, the commission
shall increase or decrease all dollar amounts in this chapter
based on changes in economic conditions as reflected in the
inflationary index used by the commission under RCW
42.17.370. The new dollar amounts established by the commission under this section shall be rounded off by the commission to amounts as judged most convenient for public
understanding and so as to be within ten percent of the target
amount equal to the base amount provided in this chapter
multiplied by the increase in the inflationary index since
December 3, 1992. [1993 c 2 § 9 (Initiative Measure No.
134, approved November 3, 1992).]
42.17.700
42.17.700 Contributions before December 3, 1992.
Contributions made and received before December 3, 1992,
are considered to be contributions under RCW 42.17.640
through 42.17.790. Monetary contributions that exceed the
contribution limitations and that have not been spent by the
recipient of the contribution by December 3, 1992, must be
disposed of in accordance with RCW 42.17.095. [1993 c 2 §
10 (Initiative Measure No. 134, approved November 3,
1992).]
42.17.770
chapter. [1995 c 397 § 22; 1993 c 2 § 12 (Initiative Measure
No. 134, approved November 3, 1992).]
42.17.730 Contributions on behalf of another. (1) A
person, other than an individual, may not be an intermediary
or an agent for a contribution.
(2) An individual may not make a contribution on behalf
of another person or entity, or while acting as the intermediary or agent of another person or entity, without disclosing to
the recipient of the contribution both his or her full name,
street address, occupation, name of employer, if any, or place
of business if self-employed, and the same information for
each contributor for whom the individual serves as intermediary or agent. [1993 c 2 § 13 (Initiative Measure No. 134,
approved November 3, 1992).]
42.17.730
42.17.740 Certain contributions required to be by
written instrument. (1) A person may not make a contribution of more than *fifty dollars, other than an in-kind contribution, except by a written instrument containing the name of
the donor and the name of the payee.
(2) A political committee may not make a contribution,
other than in-kind, except by a written instrument containing
the name of the donor and the name of the payee. [1995 c 397
§ 23; 1993 c 2 § 14 (Initiative Measure No. 134, approved
November 3, 1992).]
42.17.740
*Reviser's note: The dollar amounts in this section have been adjusted
for inflation by rule of the commission adopted under the authority of RCW
42.17.690. For current dollar amounts, see chapter 390-05 of the Washington
Administrative Code (WAC).
42.17.750
42.17.710
42.17.710 Time limit for state official to solicit or
accept contributions. (1) During the period beginning on
the thirtieth day before the date a regular legislative session
convenes and continuing thirty days past the date of final
adjournment, and during the period beginning on the date a
special legislative session convenes and continuing through
the date that session adjourns, no state official or a person
employed by or acting on behalf of a state official or state legislator may solicit or accept contributions to a public office
fund, to a candidate or authorized committee, or to retire a
campaign debt.
(2) This section does not apply to activities authorized in
RCW 43.07.370. [2003 c 164 § 3; 1993 c 2 § 11 (Initiative
Measure No. 134, approved November 3, 1992).]
42.17.720
42.17.720 Restriction on loans. (1) A loan is considered to be a contribution from the lender and any guarantor of
the loan and is subject to the contribution limitations of this
chapter. The full amount of the loan shall be attributed to the
lender and to each guarantor.
(2) A loan to a candidate for public office or the candidate's political committee must be by written agreement.
(3) The proceeds of a loan made to a candidate for public
office:
(a) By a commercial lending institution;
(b) Made in the regular course of business; and
(c) On the same terms ordinarily available to members of
the public, are not subject to the contribution limits of this
(2004 Ed.)
42.17.750 Solicitation of contributions by public officials or employees. (1) No state or local official or state or
local official's agent may knowingly solicit, directly or indirectly, a contribution to a candidate for public office, political
party, or political committee from an employee in the state or
local official's agency.
(2) No state or local official or public employee may provide an advantage or disadvantage to an employee or applicant for employment in the classified civil service concerning
the applicant's or employee's:
(a) Employment;
(b) Conditions of employment; or
(c) Application for employment,
based on the employee's or applicant's contribution or promise to contribute or failure to make a contribution or contribute to a political party or political committee. [1995 c 397 §
24; 1993 c 2 § 15 (Initiative Measure No. 134, approved
November 3, 1992).]
42.17.760
42.17.760 Agency shop fees as contributions. A labor
organization may not use agency shop fees paid by an individual who is not a member of the organization to make contributions or expenditures to influence an election or to operate a political committee, unless affirmatively authorized by
the individual. [1993 c 2 § 16 (Initiative Measure No. 134,
approved November 3, 1992).]
42.17.770
42.17.770 Solicitation of endorsement fees. A person
may not solicit from a candidate for public office, political
committee, political party, or other person money or other
[Title 42 RCW—page 57]
42.17.780
Title 42 RCW: Public Officers and Agencies
property as a condition or consideration for an endorsement,
article, or other communication in the news media promoting
or opposing a candidate for public office, political committee, or political party. [1995 c 397 § 25; 1993 c 2 § 17 (Initiative Measure No. 134, approved November 3, 1992).]
42.17.912
42.17.912 Severability—1975-'76 2nd ex.s. c 112. If
any provision of this 1976 amendatory act, or its application
to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons
or circumstances is not affected. [1975-'76 2nd ex.s. c 112 §
16.]
42.17.780
42.17.780 Reimbursement for contributions. A person may not, directly or indirectly, reimburse another person
for a contribution to a candidate for public office, political
committee, or political party. [1995 c 397 § 26; 1993 c 2 § 18
(Initiative Measure No. 134, approved November 3, 1992).]
42.17.790
42.17.790 Prohibition on use of contributions for a
different office. (1) Except as provided in subsection (2) of
this section, a candidate for public office or the candidate's
political committee may not use or permit the use of contributions, whether or not surplus, solicited for or received by the
candidate for public office or the candidate's political committee to further the candidacy of the individual for an office
other than the office designated on the statement of organization. A contribution solicited for or received on behalf of the
candidate for public office is considered solicited or received
for the candidacy for which the individual is then a candidate
if the contribution is solicited or received before the general
elections for which the candidate for public office is a nominee or is unopposed.
(2) With the written approval of the contributor, a candidate for public office or the candidate's political committee
may use or permit the use of contributions, whether or not
surplus, solicited for or received by the candidate for public
office or the candidate's political committee from that contributor to further the candidacy of the individual for an office
other than the office designated on the statement of organization. If the contributor does not approve the use of his or her
contribution to further the candidacy of the individual for an
office other than the office designated on the statement of
organization at the time of the contribution, the contribution
must be considered surplus funds and disposed of in accordance with RCW 42.17.095. [1995 c 397 § 27; 1993 c 2 § 19
(Initiative Measure No. 134, approved November 3, 1992).]
TECHNICAL PROVISIONS
42.17.900
42.17.900 Effective date—1973 c 1. The effective date
of this act shall be January 1, 1973. [1973 c 1 § 49 (Initiative
Measure No. 276, approved November 7, 1972).]
42.17.920
42.17.920 Construction—1973 c 1. The provisions of
this act are to be liberally construed to effectuate the policies
and purposes of this act. In the event of conflict between the
provisions of this act and any other act, the provisions of this
act shall govern. [1973 c 1 § 47 (Initiative Measure No. 276,
approved November 7, 1972).]
42.17.930
42.17.930 Chapter, section headings not part of law.
Chapter and section captions or headings as used in this act
do not constitute any part of the law. [1973 c 1 § 48 (Initiative Measure No. 276, approved November 7, 1972).]
42.17.940
42.17.940 Repealer—1973 c 1. Chapter 9, Laws of
1965, as amended by section 9, chapter 150, Laws of 1965
ex. sess., and RCW 29.18.140; and chapter 131, Laws of
1967 ex. sess. and RCW 44.64 [chapter 44.64 RCW]; and
chapter 82, Laws of 1972 (42nd Leg. 2nd Ex. Sess.) and Referendum Bill No. 24; and chapter 98, Laws of 1972 (42nd
Leg. 2nd Ex. Sess.) and Referendum Bill No. 25 are each
hereby repealed. [1973 c 1 § 50 (Initiative Measure No. 276,
approved November 7, 1972).]
42.17.945
42.17.945 Construction—1975-'76 2nd ex.s. c 112.
The provisions of this 1976 amendatory act are intended to be
remedial and shall be liberally construed, and nothing in this
1976 amendatory act shall be construed to limit the power of
the commission under any other provision of chapter 42.17
RCW. [1975-'76 2nd ex.s. c 112 § 15.]
42.17.950
42.17.950 Captions. Section captions and part headings used in this act do not constitute any part of the law.
[1993 c 2 § 34 (Initiative Measure No. 134, approved
November 3, 1992).]
42.17.955
42.17.955 Short title—1993 c 2. This act may be
known and cited as the Fair Campaign Practices Act. [1993
c 2 § 36 (Initiative Measure No. 134, approved November 3,
1992).]
42.17.960
42.17.910
42.17.910 Severability—1973 c 1. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1973 c 1 § 46 (Initiative Measure No. 276, approved
November 7, 1972).]
42.17.911
42.17.911 Severability—1975 1st ex.s. c 294. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or
circumstances is not affected. [1975 1st ex.s. c 294 § 29.]
[Title 42 RCW—page 58]
42.17.960 Effective date—1995 c 397. Sections 1
through 32, 34, and 37 of this act are necessary for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall take effect July 1, 1995. [1995 c 397 § 35.]
42.17.961
42.17.961 Captions—1995 c 397. Captions as used in
chapter 397, Laws of 1995 constitute no part of the law.
[1995 c 397 § 37.]
42.17.962
42.17.962 Severability—1995 c 397. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
(2004 Ed.)
Misconduct of Public Officers
provision to other persons or circumstances is not affected.
[1995 c 397 § 38.]
Chapter 42.20
Chapter 42.20 RCW
MISCONDUCT OF PUBLIC OFFICERS
Sections
42.20.020
42.20.030
42.20.040
42.20.050
42.20.060
42.20.070
42.20.080
42.20.090
42.20.100
42.20.110
Powers may not be delegated for profit.
Intrusion into and refusal to surrender public office.
False report.
Public officer making false certificate.
Falsely auditing and paying claims.
Misappropriation and falsification of accounts by public
officer.
Other violations by officers.
Misappropriation, etc., by treasurer.
Failure of duty by public officer a misdemeanor.
Improper conduct by certain justices.
Bidding offenses: Chapter 9.18 RCW.
Bribery or corrupt solicitation prohibited: State Constitution Art. 2 § 30.
Cities
optional municipal code, council-manager plan, forfeiture of office for
misconduct: RCW 35A.13.020.
optional municipal code, mayor-council plan, forfeiture of office for misconduct: RCW 35A.12.060.
Cities and towns, commission form, misconduct of officers and employees:
RCW 35.17.150.
County officers, misconduct: RCW 36.18.160, 36.18.170.
County treasurer, suspension for misconduct: RCW 36.29.090.
Election officials, misconduct: Chapter 29A.84 RCW.
Flood control district officers, interest in contracts prohibited: RCW
86.09.286.
Forfeiture of office upon conviction of felony or malfeasance: RCW
9.92.120.
Free transportation for public officers prohibited: State Constitution Art. 2
§ 39, Art. 12 § 20.
Impersonating public officer: RCW 9A.60.045.
Juries, misconduct of public officers concerning: Chapter 9.51 RCW.
Militia, misconduct: Chapter 38.32 RCW.
Official misconduct: RCW 9A.80.010.
42.20.070
duties, shall be guilty of a gross misdemeanor. [1909 c 249 §
83; RRS § 2335.]
Reviser's note: Caption for 1909 c 249 § 83 reads as follows: "Sec. 83.
Grant of Official Powers."
42.20.030
42.20.030 Intrusion into and refusal to surrender
public office. Every person who shall falsely personate or
represent any public officer, or who shall wilfully intrude
himself into a public office to which he has not been duly
elected or appointed, or who shall wilfully exercise any of the
functions or perform any of the duties of such officer, without
having duly qualified therefor, as required by law, or who,
having been an executive or administrative officer, shall wilfully exercise any of the functions of his office after his right
to do so has ceased, or wrongfully refuse to surrender the
official seal or any books or papers appertaining to such
office, upon the demand of his lawful successor, shall be
guilty of a gross misdemeanor. [1909 c 249 § 84; RRS §
2336.]
Impersonating a public officer: RCW 9A.60.045.
Quo warranto: Chapter 7.56 RCW.
42.20.040
42.20.040 False report. Every public officer who shall
knowingly make any false or misleading statement in any
official report or statement, under circumstances not otherwise prohibited by law, shall be guilty of a gross misdemeanor. [1909 c 249 § 98; RRS § 2350.]
42.20.050
42.20.050 Public officer making false certificate.
Every public officer who, being authorized by law to make or
give a certificate or other writing, shall knowingly make and
deliver as true such a certificate or writing containing any
statement which he knows to be false, in a case where the
punishment thereof is not expressly prescribed by law, shall
be guilty of a gross misdemeanor. [1909 c 249 § 128; RRS §
2380.]
Penitentiary employees, misconduct: RCW 72.01.060.
42.20.060
Private use of public funds, penalty: State Constitution Art. 11 § 14.
School funds, failure to turn over: RCW 28A.635.070.
School officials
disclosing examination questions: RCW 28A.635.040.
grafting: RCW 28A.635.050.
School teachers
failure to display flag: RCW 28A.230.140.
failure to enforce rules: RCW 28A.405.060.
revocation or suspension of certificate or permit to teach—investigation
by superintendent of public instruction—mandatory revocation for
crimes against children: RCW 28A.410.090.
State and judicial officers, impeachment: State Constitution Art. 5.
State treasurer, embezzlement: RCW 43.08.140.
Subversive activities, disqualification from holding public office: RCW
9.81.040.
42.20.060 Falsely auditing and paying claims. Every
public officer, or person holding or discharging the duties of
any public office or place of trust under the state or in any
county, town or city, a part of whose duty it is to audit, allow
or pay, or take part in auditing, allowing or paying, claims or
demands upon the state or such county, town or city, who
shall knowingly audit, allow or pay, or, directly or indirectly,
consent to or in any way connive at the auditing, allowance or
payment of any claim or demand against the state or such
county, town or city, which is false or fraudulent or contains
any charge, item or claim which is false or fraudulent, shall
be guilty of a gross misdemeanor. [1909 c 249 § 129; RRS §
2381.]
42.20.070
Utilities and transportation commission members and employees, interest in
regulated companies prohibited: RCW 80.01.020.
42.20.020
42.20.020 Powers may not be delegated for profit.
Every public officer who, for any reward, consideration or
gratuity paid or agreed to be paid, shall, directly or indirectly,
grant to another the right or authority to discharge any function of his office, or permit another to perform any of his
(2004 Ed.)
42.20.070 Misappropriation and falsification of
accounts by public officer. Every public officer, and every
other person receiving money on behalf or for or on account
of the people of the state or of any department of the state
government or of any bureau or fund created by law in which
the people are directly or indirectly interested, or for or on
account of any county, city, town, or any school, diking,
drainage, or irrigation district, who:
[Title 42 RCW—page 59]
42.20.080
Title 42 RCW: Public Officers and Agencies
(1) Appropriates to his or her own use or the use of any
person not entitled thereto, without authority of law, any
money so received by him or her as such officer or otherwise;
or
(2) Knowingly keeps any false account, or makes any
false entry or erasure in any account, of or relating to any
money so received by him or her; or
(3) Fraudulently alters, falsifies, conceals, destroys, or
obliterates any such account; or
(4) Willfully omits or refuses to pay over to the state, its
officer or agent authorized by law to receive the same, or to
such county, city, town, or such school, diking, drainage, or
irrigation district or to the proper officer or authority empowered to demand and receive the same, any money received by
him or her as such officer when it is a duty imposed upon him
or her by law to pay over and account for the same,
is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than fifteen years. [2003 c 53 § 219; 1992 c 7 § 37; 1909 c 249 §
317; RRS § 2569. Prior: Code 1881 § 890; 1873 p 202 § 92;
1854 p 91 § 83.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
42.20.080
42.20.080 Other violations by officers. Every officer
or other person mentioned in RCW 42.20.070, who shall wilfully disobey any provision of law regulating his official conduct in cases other than those specified in said section, shall
be guilty of a gross misdemeanor. [1909 c 249 § 318; RRS §
2570.]
42.20.090
42.20.090 Misappropriation, etc., by treasurer.
Every state, county, city, or town treasurer who willfully misappropriates any moneys, funds, or securities received by or
deposited with him or her as such treasurer, or who shall be
guilty of any other malfeasance or willful neglect of duty in
his or her office, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not
more than five years or by a fine of not more than five thousand dollars. [2003 c 53 § 220; 1992 c 7 § 38; 1909 c 249 §
319; RRS § 2571.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
County treasurer, suspension for misconduct: RCW 36.29.090.
State treasurer, embezzlement: RCW 43.08.140.
42.20.100
42.20.100 Failure of duty by public officer a misdemeanor. Whenever any duty is enjoined by law upon any
public officer or other person holding any public trust or
employment, their wilful neglect to perform such duty,
except where otherwise specially provided for, shall be a misdemeanor. [1909 c 249 § 16; RRS § 2268. Prior: Code 1881
§ 889; 1854 p 90 § 82.]
unseemly or improper language. [1911 c 115 § 1; RRS §
2696-1.]
Chapter 42.23 RCW
CODE OF ETHICS FOR MUNICIPAL OFFICERS—
CONTRACT INTERESTS
Chapter 42.23
Sections
42.23.010
42.23.020
42.23.030
42.23.040
42.23.050
42.23.060
42.23.070
Declaration of purpose.
Definitions.
Interest in contracts prohibited—Exceptions.
Remote interests.
Prohibited contracts void—Penalties for violation of chapter.
Local charter controls chapter.
Prohibited acts.
Cities, free passes, services prohibited: RCW 35.17.150.
County officers, general provisions: Chapter 36.16 RCW.
Ethics in public service act: Chapter 42.52 RCW.
Public employment, civil service: Title 41 RCW.
State officers, general provisions: Chapter 43.01 RCW.
42.23.010
42.23.010 Declaration of purpose. It is the purpose
and intent of this chapter to revise and make uniform the laws
of this state concerning the transaction of business by municipal officers, as defined in chapter 268, Laws of 1961, in conflict with the proper performance of their duties in the public
interest; and to promote the efficiency of local government
by prohibiting certain instances and areas of conflict while at
the same time sanctioning, under sufficient controls, certain
other instances and areas of conflict wherein the private interest of the municipal officer is deemed to be only remote, to
the end that, without sacrificing necessary public responsibility and enforceability in areas of significant and clearly conflicting interests, the selection of municipal officers may be
made from a wider group of responsible citizens of the communities which they are called upon to serve. [1961 c 268 §
2.]
42.23.020
42.23.020 Definitions. For the purpose of chapter 268,
Laws of 1961:
(1) "Municipality" shall include all counties, cities,
towns, districts, and other municipal corporations and quasi
municipal corporations organized under the laws of the state
of Washington;
(2) "Municipal officer" and "officer" shall each include
all elected and appointed officers of a municipality, together
with all deputies and assistants of such an officer, and all persons exercising or undertaking to exercise any of the powers
or functions of a municipal officer;
(3) "Contract" shall include any contract, sale, lease or
purchase;
(4) "Contracting party" shall include any person, partnership, association, cooperative, corporation, or other business
entity which is a party to a contract with a municipality.
[1961 c 268 § 3.]
Official misconduct by public servant: RCW 9A.80.010.
42.23.030
42.20.110
42.20.110 Improper conduct by certain justices. It
shall be a misdemeanor for any judge or justice of any court
not of record, during the hearing of any cause or proceeding
therein, to address any person in his presence in unfit,
[Title 42 RCW—page 60]
42.23.030 Interest in contracts prohibited—Exceptions. No municipal officer shall be beneficially interested,
directly or indirectly, in any contract which may be made by,
through or under the supervision of such officer, in whole or
in part, or which may be made for the benefit of his or her
(2004 Ed.)
Code of Ethics for Municipal Officers—Contract Interests
office, or accept, directly or indirectly, any compensation,
gratuity or reward in connection with such contract from any
other person beneficially interested therein. This section shall
not apply in the following cases:
(1) The furnishing of electrical, water or other utility services by a municipality engaged in the business of furnishing
such services, at the same rates and on the same terms as are
available to the public generally;
(2) The designation of public depositaries for municipal
funds;
(3) The publication of legal notices required by law to be
published by any municipality, upon competitive bidding or
at rates not higher than prescribed by law for members of the
general public;
(4) The designation of a school director as clerk or as
both clerk and purchasing agent of a school district;
(5) The employment of any person by a municipality for
unskilled day labor at wages not exceeding two hundred dollars in any calendar month. The exception provided in this
subsection does not apply to a county with a population of
one hundred twenty-five thousand or more, a city with a population of more than one thousand five hundred, an irrigation
district encompassing more than fifty thousand acres, or a
first class school district;
(6)(a) The letting of any other contract in which the total
amount received under the contract or contracts by the
municipal officer or the municipal officer's business does not
exceed one thousand five hundred dollars in any calendar
month.
(b) However, in the case of a particular officer of a second class city or town, or a noncharter optional code city, or
a member of any county fair board in a county which has not
established a county purchasing department pursuant to
RCW 36.32.240, the total amount of such contract or contracts authorized in this subsection (6) may exceed one thousand five hundred dollars in any calendar month but shall not
exceed eighteen thousand dollars in any calendar year.
(c) The exceptions provided in this subsection (6) do not
apply to a sale or lease by the municipality as the seller or lessor. The exceptions provided in this subsection (6) also do
not apply to the letting of any contract by a county with a
population of one hundred twenty-five thousand or more, a
city with a population of ten thousand or more, or an irrigation district encompassing more than fifty thousand acres.
(d) The municipality shall maintain a list of all contracts
that are awarded under this subsection (6). The list must be
made available for public inspection and copying;
(7) The leasing by a port district as lessor of port district
property to a municipal officer or to a contracting party in
which a municipal officer may be beneficially interested, if in
addition to all other legal requirements, a board of three disinterested appraisers and the superior court in the county
where the property is situated finds that all terms and conditions of such lease are fair to the port district and are in the
public interest. The appraisers must be appointed from members of the American Institute of Real Estate Appraisers by
the presiding judge of the superior court;
(8) The letting of any employment contract for the driving of a school bus in a second class school district if the
terms of such contract are commensurate with the pay plan or
collective bargaining agreement operating in the district;
(2004 Ed.)
42.23.030
(9) The letting of any employment contract to the spouse
of an officer of a school district, when such contract is solely
for employment as a substitute teacher for the school district.
This exception applies only if the terms of the contract are
commensurate with the pay plan or collective bargaining
agreement applicable to all district employees and the board
of directors has found, consistent with the written policy
under RCW 28A.330.240, that there is a shortage of substitute teachers in the school district;
(10) The letting of any employment contract to the
spouse of an officer of a school district if the spouse was
under contract as a certificated or classified employee with
the school district before the date in which the officer
assumes office and the terms of the contract are commensurate with the pay plan or collective bargaining agreement
operating in the district. However, in a second class school
district that has less than two hundred full-time equivalent
students enrolled at the start of the school year as defined in
RCW 28A.150.040, the spouse is not required to be under
contract as a certificated or classified employee before the
date on which the officer assumes office;
(11) The authorization, approval, or ratification of any
employment contract with the spouse of a public hospital district commissioner if: (a) The spouse was employed by the
public hospital district before the date the commissioner was
initially elected; (b) the terms of the contract are commensurate with the pay plan or collective bargaining agreement
operating in the district for similar employees; (c) the interest
of the commissioner is disclosed to the board of commissioners and noted in the official minutes or similar records of the
public hospital district prior to the letting or continuation of
the contract; and (d) and the commissioner does not vote on
the authorization, approval, or ratification of the contract or
any conditions in the contract.
A municipal officer may not vote in the authorization,
approval, or ratification of a contract in which he or she is
beneficially interested even though one of the exemptions
allowing the awarding of such a contract applies. The interest
of the municipal officer must be disclosed to the governing
body of the municipality and noted in the official minutes or
similar records of the municipality before the formation of
the contract. [1999 c 261 § 2; 1997 c 98 § 1; 1996 c 246 § 1.
Prior: 1994 c 81 § 77; 1994 c 20 § 1; 1993 c 308 § 1; 1991 c
363 § 120; 1990 c 33 § 573; 1989 c 263 § 1; 1983 1st ex.s. c
44 § 1; prior: 1980 c 39 § 1; 1979 ex.s. c 4 § 1; 1971 ex.s. c
242 § 1; 1961 c 268 § 4.]
Findings—Intent—1999 c 261: "The legislature finds that:
(1) The current statutes pertaining to municipal officers' beneficial
interest in contracts are quite confusing and have resulted in some inadvertent violations of the law.
(2) The dollar thresholds for many of the exemptions have not been
changed in over thirty-five years, and the restrictions apply to the total
amount of the contract instead of the portion of the contract that pertains to
the business operated by the municipal officer.
(3) The confusion existing over these current statutes discourages some
municipalities from accessing some efficiencies available to them.
Therefore, it is the intent of the legislature to clarify the statutes pertaining to municipal officers and contracts and to enact reasonable protections against inappropriate conflicts of interest." [1999 c 261 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
[Title 42 RCW—page 61]
42.23.040
Title 42 RCW: Public Officers and Agencies
Severability—1989 c 263: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1989 c 263 § 3.]
Severability—1980 c 39: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 39 § 3.]
42.23.040
42.23.040 Remote interests. A municipal officer is not
interested in a contract, within the meaning of RCW
42.23.030, if the officer has only a remote interest in the contract and the extent of the interest is disclosed to the governing body of the municipality of which the officer is an officer
and noted in the official minutes or similar records of the
municipality prior to the formation of the contract, and thereafter the governing body authorizes, approves, or ratifies the
contract in good faith by a vote of its membership sufficient
for the purpose without counting the vote or votes of the
officer having the remote interest. As used in this section
"remote interest" means:
(1) That of a nonsalaried officer of a nonprofit corporation;
(2) That of an employee or agent of a contracting party
where the compensation of such employee or agent consists
entirely of fixed wages or salary;
(3) That of a landlord or tenant of a contracting party;
(4) That of a holder of less than one percent of the shares
of a corporation or cooperative which is a contracting party.
None of the provisions of this section are applicable to
any officer interested in a contract, even if the officer's interest is only remote, if the officer influences or attempts to
influence any other officer of the municipality of which he or
she is an officer to enter into the contract. [1999 c 261 § 3;
1961 c 268 § 5.]
Findings—Intent—1999 c 261: See note following RCW 42.23.030.
42.23.070
42.23.070 Prohibited acts. (1) No municipal officer
may use his or her position to secure special privileges or
exemptions for himself, herself, or others.
(2) No municipal officer may, directly or indirectly, give
or receive or agree to receive any compensation, gift, reward,
or gratuity from a source except the employing municipality,
for a matter connected with or related to the officer's services
as such an officer unless otherwise provided for by law.
(3) No municipal officer may accept employment or
engage in business or professional activity that the officer
might reasonably expect would require or induce him or her
by reason of his or her official position to disclose confidential information acquired by reason of his or her official position.
(4) No municipal officer may disclose confidential information gained by reason of the officer's position, nor may the
officer otherwise use such information for his or her personal
gain or benefit. [1994 c 154 § 121.]
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
Chapter 42.24 RCW
PAYMENT OF CLAIMS FOR EXPENSES,
MATERIAL, PURCHASES—ADVANCEMENTS
Chapter 42.24
Sections
42.24.035
42.24.070
42.24.080
42.24.090
42.24.100
42.24.110
42.24.115
42.24.120
42.23.050
42.23.050 Prohibited contracts void—Penalties for
violation of chapter. Any contract made in violation of the
provisions of this chapter is void and the performance
thereof, in full or in part, by a contracting party shall not be
the basis of any claim against the municipality. Any officer
violating the provisions of this chapter is liable to the municipality of which he or she is an officer for a penalty in the
amount of five hundred dollars, in addition to such other civil
or criminal liability or penalty as may otherwise be imposed
upon the officer by law.
In addition to all other penalties, civil or criminal, the
violation by any officer of the provisions of this chapter may
be grounds for forfeiture of his or her office. [1999 c 261 § 4;
1961 c 268 § 6.]
Findings—Intent—1999 c 261: See note following RCW 42.23.030.
42.23.060
42.23.060 Local charter controls chapter. If any provision of this chapter conflicts with any provision of a city or
county charter, or with any provision of a city-county charter,
the charter shall control if it contains stricter requirements
than this chapter. The provisions of this chapter shall be considered as minimum standards to be enforced by municipalities. [1999 c 261 § 5; 1961 c 268 § 16.]
Findings—Intent—1999 c 261: See note following RCW 42.23.030.
[Title 42 RCW—page 62]
42.24.130
42.24.140
42.24.150
42.24.160
42.24.170
42.24.180
Payment for postage, books, and periodicals.
State agencies—Budget and accounting system.
Municipal corporations and political subdivisions—Claims
against for contractual purposes—Auditing and payment—
Forms—Authentication and certification.
Municipal corporations and political subdivisions—Reimbursement claims by officers and employees.
Municipal corporations and political subdivisions—Certificates need not be sworn—Penalty for false claim.
Municipal corporations and political subdivisions—Approving or paying false claim—Penalties.
Municipal corporations and political subdivisions—Charge
cards for officers' and employees' travel expenses.
Advancements for travel expenses—Municipal corporation or
political subdivision officers and employees.
Advancements for travel expenses—Revolving fund.
Advancements for travel expenses—Provision to assure
repayment.
Advancements for travel expenses—Travel expense voucher.
Advancements for travel expenses—Purpose—Not personal
loan.
Expenditures by special purpose districts to recruit job candidates—Reimbursement for travel expenses.
Taxing district—Issuance of warrants or checks before
approval by legislative body—Conditions.
County auditor: Chapter 36.22 RCW.
State auditor: Chapter 43.09 RCW.
42.24.035
42.24.035 Payment for postage, books, and periodicals. Notwithstanding the provisions of chapter 42.24 RCW
or any other existing statute, school districts and other public
agencies including but not limited to state agencies and
municipal corporations which are expressly or by necessary
implication authorized to subscribe to magazines or other
periodical publications or books or to purchase postage or
publications from the United States government or any other
publisher may make payment of the costs of such purchases
in a manner as consistent as possible and practicable with
normal and usual business methods, and in the case of subscriptions, for periods not in excess of three years. [1975 1st
ex.s. c 72 § 1; 1963 c 116 § 1.]
(2004 Ed.)
Payment of Claims for Expenses, Material, Purchases—Advancements
42.24.070
42.24.070 State agencies—Budget and accounting
system. See chapter 43.88 RCW.
42.24.080
42.24.080 Municipal corporations and political subdivisions—Claims against for contractual purposes—
Auditing and payment—Forms—Authentication and
certification. All claims presented against any county, city,
district or other municipal corporation or political subdivision by persons furnishing materials, rendering services or
performing labor, or for any other contractual purpose, shall
be audited, before payment, by an auditing officer elected or
appointed pursuant to statute or, in the absence of statute, an
appropriate charter provision, ordinance or resolution of the
municipal corporation or political subdivision. Such claims
shall be prepared for audit and payment on a form and in the
manner prescribed by the state auditor. The form shall provide for the authentication and certification by such auditing
officer that the materials have been furnished, the services
rendered or the labor performed as described, and that the
claim is a just, due and unpaid obligation against the municipal corporation or political subdivision; and no claim shall be
paid without such authentication and certification: PROVIDED, That the certificates as to claims of officers and
employees of a county, city, district or other municipal corporation or political subdivision, for services rendered, shall
be made by the person charged with the duty of preparing and
submitting vouchers for the payment of services, and he or
she shall certify that the claim is just, true and unpaid, which
certificate shall be part of the voucher. [1995 c 301 § 72;
1965 c 116 § 1.]
42.24.090
42.24.090 Municipal corporations and political subdivisions—Reimbursement claims by officers and
employees. No claim for reimbursement of any expenditures
by officers or employees of any municipal corporation or
political subdivision of the state for transportation, lodging,
meals or any other purpose shall be allowed by any officer,
employee or board charged with auditing accounts unless the
same shall be presented in a detailed account: PROVIDED,
That, unless otherwise authorized by law, the legislative body
of any municipal corporation or political subdivision of the
state may prescribe by ordinance or resolution the amounts to
be paid officers or employees thereof as reimbursement for
the use of their personal automobiles or other transportation
equipment in connection with officially assigned duties and
other travel for approved public purposes, or as reimbursement to such officers or employees in lieu of actual expenses
incurred for lodging, meals or other purposes. The rates for
such reimbursements may be computed on a mileage, hourly,
per diem, monthly, or other basis as the respective legislative
bodies shall determine to be proper in each instance: PROVIDED, That in lieu of such reimbursements, payments for
the use of personal automobiles for official travel may be
established if the legislative body determines that these payments would be less costly to the municipal corporation or
political subdivision of the state than providing automobiles
for official travel.
All claims authorized under this section shall be duly
certified by the officer or employee submitting such claims
on forms and in the manner prescribed by the state auditor.
[1995 c 301 § 73; 1981 c 56 § 1; 1965 c 116 § 2.]
(2004 Ed.)
42.24.120
42.24.100
42.24.100 Municipal corporations and political subdivisions—Certificates need not be sworn—Penalty for
false claim. The certificates required by RCW 42.24.080
through 42.24.110 need not be sworn, but any person certifying a claim or making a claim knowing the same to be false
or untrue shall be guilty of perjury in the second degree.
[1965 c 116 § 3.]
42.24.110
42.24.110 Municipal corporations and political subdivisions—Approving or paying false claim—Penalties.
Any person who knowingly approves or pays or causes to be
approved or paid a false or untrue claim shall be guilty of a
gross misdemeanor and, in addition, he shall be civilly liable
on his bond to the municipal corporation or political subdivision, as the case may be, for the amount so paid or for three
hundred dollars whichever is the greater. [1965 c 116 § 4.]
42.24.115
42.24.115 Municipal corporations and political subdivisions—Charge cards for officers' and employees'
travel expenses. (1) Any municipal corporation or political
subdivision may provide for the issuance of charge cards to
officers and employees for the purpose of covering expenses
incident to authorized travel.
(2) If a charge card is issued for the purpose of covering
expenses relating to authorized travel, upon billing or no later
than thirty days of the billing date, the officer or employee
using a charge card issued under this section shall submit a
fully itemized travel expense voucher. Any charges against
the charge card not properly identified on the travel expense
voucher or not allowed following the audit required under
RCW 42.24.080 shall be paid by the official or employee by
check, United States currency, or salary deduction.
(3) If, for any reason, disallowed charges are not repaid
before the charge card billing is due and payable, the municipal corporation or political subdivision shall have a prior lien
against and a right to withhold any and all funds payable or to
become payable to the official or employee up to an amount
of the disallowed charges and interest at the same rate as
charged by the company which issued the charge card. Any
official or employee who has been issued a charge card by a
municipal corporation or political subdivision shall not use
the card if any disallowed charges are outstanding and shall
surrender the card upon demand of the auditing officer. The
municipal corporation or political subdivision shall have
unlimited authority to revoke use of any charge card issued
under this section, and, upon such revocation order being
delivered to the charge card company, shall not be liable for
any costs. [1995 c 30 § 3; 1984 c 203 § 5.]
Findings—1995 c 30: See note following RCW 43.09.2855.
Severability—1984 c 203: See note following RCW 35.43.140.
42.24.120
42.24.120 Advancements for travel expenses—
Municipal corporation or political subdivision officers
and employees. Whenever it becomes necessary for an
elected or appointed official or employee of the municipal
corporation or political subdivision to travel and incur
expenses, the legislative body of such municipal corporation
or political subdivision may provide, in the manner that local
legislation is officially enacted, reasonable allowances to
such officers and employees in advance of expenditure. Such
[Title 42 RCW—page 63]
42.24.130
Title 42 RCW: Public Officers and Agencies
advance shall be made under appropriate rules and regulations to be prescribed by the state auditor. [1969 c 74 § 1.]
42.24.130
42.24.130 Advancements for travel expenses—
Revolving fund. The legislative body of a municipal corporation or political subdivision wishing to make advance payments of travel expenses to officials and employees, as provided in RCW 42.24.120 through 42.24.160, will establish, in
the manner that local legislation is officially enacted, a
revolving fund to be used solely for the purpose of making
advance payments of travel expenses. The revolving fund
will be maintained in a bank as a checking account and
advances to officials or employees will be by check. The fund
will be replenished by warrant. [1969 c 74 § 2.]
42.24.140
42.24.140 Advancements for travel expenses—Provision to assure repayment. To protect the municipal corporation or political subdivision from any losses on account of
advances made as provided in RCW 42.24.120 through
42.24.160, the municipal corporation or political subdivision
shall have a prior lien against and a right to withhold any and
all funds payable or to become payable by the municipal corporation or political subdivision to such officer or employee
to whom such advance has been given, as provided in RCW
42.24.120 through 42.24.160, up to the amount of such
advance and interest at the rate of ten percent per annum,
until such time as repayment or justification has been made.
No advance of any kind may be made to any officer or
employee under RCW 42.24.120 through 42.24.160, at any
time when he is delinquent in accounting for or repaying a
prior advance under RCW 42.24.120 through 42.24.160.
[1969 c 74 § 3.]
42.24.150
42.24.150 Advancements for travel expenses—
Travel expense voucher. On or before the fifteenth day following the close of the authorized travel period for which
expenses have been advanced to any officer or employee, he
shall submit to the appropriate official a fully itemized travel
expense voucher, for all reimbursable items legally
expended, accompanied by the unexpended portion of such
advance, if any.
Any advance made for this purpose, or any portion
thereof, not repaid or accounted for in the time and manner
specified herein, shall bear interest at the rate of ten percent
per annum from the date of default until paid. [1995 c 194 §
9; 1969 c 74 § 4.]
42.24.160
42.24.160 Advancements for travel expenses—Purpose—Not personal loan. An advance made under RCW
42.24.120 through 42.24.160 shall be considered as having
been made to such officer or employee to be expended by
him as an agent of the municipal corporation or political subdivision for the municipal corporation's or political subdivision's purposes only, and specifically to defray necessary
costs while performing his official duties.
No such advance shall be considered as a personal loan
to such officer or employee and any expenditure thereof,
other than for official business purposes, shall be considered
a misappropriation of public funds. [1969 c 74 § 5.]
[Title 42 RCW—page 64]
42.24.170
42.24.170 Expenditures by special purpose districts
to recruit job candidates—Reimbursement for travel
expenses. Special purpose districts may expend funds to
recruit job candidates and reimburse candidates for reasonable and necessary travel expenses, including transportation,
subsistence, and lodging. [1981 c 190 § 1.]
42.24.180
42.24.180 *Taxing district—Issuance of warrants or
checks before approval by legislative body—Conditions.
In order to expedite the payment of claims, the legislative
body of any *taxing district, as defined in RCW 43.09.260,
may authorize the issuance of warrants or checks in payment
of claims after the provisions of this chapter have been met
and after the officer designated by statute, or, in the absence
of statute, an appropriate charter provision, ordinance, or resolution of the *taxing district, has signed the checks or warrants, but before the legislative body has acted to approve the
claims. The legislative body may stipulate that certain kinds
or amounts of claims shall not be paid before the board has
reviewed the supporting documentation and approved the
issue of checks or warrants in payment of those claims. However, all of the following conditions shall be met before the
payment:
(1) The auditing officer and the officer designated to sign
the checks or warrants shall each be required to furnish an
official bond for the faithful discharge of his or her duties in
an amount determined by the legislative body but not less
than fifty thousand dollars;
(2) The legislative body shall adopt contracting, hiring,
purchasing, and disbursing policies that implement effective
internal control;
(3) The legislative body shall provide for its review of
the documentation supporting claims paid and for its
approval of all checks or warrants issued in payment of
claims at its next regularly scheduled public meeting or, for
cities and towns, at a regularly scheduled public meeting
within one month of issuance; and
(4) The legislative body shall require that if, upon
review, it disapproves some claims, the auditing officer and
the officer designated to sign the checks or warrants shall
jointly cause the disapproved claims to be recognized as
receivables of the *taxing district and to pursue collection
diligently until the amounts disapproved are collected or until
the legislative body is satisfied and approves the claims.
[1994 c 273 § 18; 1984 c 128 § 11.]
*Reviser's note: "Taxing district" redesignated "local government" by
1995 c 301 § 15.
Chapter 42.26 RCW
AGENCY VENDOR PAYMENT REVOLVING
FUND—PETTY CASH ACCOUNTS
Chapter 42.26
Sections
42.26.010
42.26.020
42.26.030
42.26.040
42.26.050
42.26.060
42.26.070
42.26.080
42.26.090
Agency vendor payment revolving fund—Created—Use.
Disbursements—Deposits to cover.
Regulations.
Petty cash accounts—Authorized—Advancements.
Request for petty cash advancement—Approval.
Restrictions on use of petty cash account—Expenditures—
Reimbursement.
Custodian of petty cash account—Bond.
Violation of petty cash account requirements.
Regulations for petty cash and accounts.
(2004 Ed.)
Open Public Meetings Act
42.26.900
Effective date—1969 ex.s. c 60.
42.26.010
42.26.010 Agency vendor payment revolving fund—
Created—Use. An agency vendor payment revolving fund
is hereby created in the state treasury. This fund is to be used
for payment for services rendered or materials furnished to
the state, which are properly payable from funds other than
those appropriated from the state treasury: PROVIDED,
That the use of this revolving fund by a state agency shall be
optional: AND PROVIDED FURTHER, That payment of
salaries and wages shall be subject to the provisions of chapter 42.16 RCW. [1969 ex.s. c 60 § 1.]
42.26.020
42.26.020 Disbursements—Deposits to cover. The
amount to be disbursed from the vendor payment revolving
fund on behalf of an agency electing to utilize such fund shall
be deposited therein by the agency on or before the day prior
to scheduled disbursement. The deposit shall be made from
funds held by the agency outside the state treasury pursuant
to law and which are properly chargeable for the disbursement. Disbursements from the revolving fund created by this
chapter shall be by warrant in accordance with the provisions
of RCW 43.88.160. [1969 ex.s. c 60 § 2.]
42.26.030
42.26.030 Regulations. The director of financial management shall adopt such regulations as may be necessary or
desirable to implement the provisions of this chapter relating
to the establishment of an agency vendor payment revolving
fund. [1979 c 151 § 74; 1969 ex.s. c 60 § 3.]
Chapter 42.30
agency's official business. All expenditures made from petty
cash shall be charged to an existing appropriation for such
purpose, except expenditures chargeable against funds for
which no appropriation is required by law. All expenditures
or refunds made from petty cash shall be reimbursed out of
and charged to the proper appropriation or fund at the close of
each month and such other times as may be necessary. [1969
ex.s. c 60 § 6.]
42.26.070 Custodian of petty cash account—Bond.
The head of the agency or an employee designated by him
shall have full responsibility as custodian for the petty cash
account and its proper use under this chapter and applicable
regulations of the director of financial management. The custodian of the petty cash account shall be covered by a surety
bond in the full amount of the account at all times and all
advances to it, conditioned upon the proper accounting for
and legal expenditure of all such funds, in addition to other
conditions required by law. [1979 c 151 § 77; 1969 ex.s. c 60
§ 7.]
42.26.070
42.26.080 Violation of petty cash account requirements. If a post audit by the state auditor discloses the
amount of the petty cash account of any agency under this
chapter to be excessive or the use of the account to be in violation of requirements governing its operation, the director of
financial management may require the return of the account
or of the excessive amount to the state treasury for credit to
the fund from which the advance was made. [1979 c 151 §
78; 1969 ex.s. c 60 § 8.]
42.26.080
42.26.040
42.26.040 Petty cash accounts—Authorized—
Advancements. The state treasurer is authorized to advance
moneys from treasury funds to state agencies for the purpose
of establishing petty cash accounts. Any agency may petition
the office of financial management for the establishment of a
petty cash account. The maximum amount of such accounts
shall be based on the special needs of the petitioning agency
and shall be subject to approval by the office of financial
management. The amount so advanced shall be reflected in
the state treasurer's accounts as an amount due from the
agency to the fund or account from which the advance was
made. [1979 c 151 § 75; 1977 c 40 § 1; 1969 ex.s. c 60 § 4.]
42.26.090 Regulations for petty cash and accounts.
The director of financial management shall adopt such regulations as may be necessary or desirable to implement the
provisions of this chapter. Such regulation shall include but
not be limited to, (1) defining limitations on the use of petty
cash, and (2) providing accounting and reporting procedures
for operation of the petty cash account. [1979 c 151 § 79;
1969 ex.s. c 60 § 9.]
42.26.090
42.26.900 Effective date—1969 ex.s. c 60. This chapter shall take effect July 1, 1969. [1969 ex.s. c 60 § 12.]
42.26.900
42.26.050
42.26.050 Request for petty cash advancement—
Approval. The agency requesting a petty cash account or an
increase in the amount of petty cash advanced under the provisions of this chapter shall submit its request to the director
of financial management in the form and detail prescribed by
him. The agency's written request and the approval authorized by this chapter shall be the only documentation or certification required as a condition precedent to the issuance of
such warrant. A copy of his approval shall be forwarded by
the director of financial management to the state treasurer.
[1979 c 151 § 76; 1969 ex.s. c 60 § 5.]
42.26.060
42.26.060 Restrictions on use of petty cash account—
Expenditures—Reimbursement. The use of the petty cash
account shall be restricted to miscellaneous petty or emergency expenditures, refunds legally payable by an agency,
and for cash change to be used in the transaction of the
(2004 Ed.)
Chapter 42.30
Chapter 42.30 RCW
OPEN PUBLIC MEETINGS ACT
Sections
42.30.010
42.30.020
42.30.030
42.30.040
42.30.050
42.30.060
42.30.070
42.30.075
42.30.080
42.30.090
42.30.100
42.30.110
42.30.120
42.30.130
42.30.140
Legislative declaration.
Definitions.
Meetings declared open and public.
Conditions to attendance not to be required.
Interruptions—Procedure.
Ordinances, rules, resolutions, regulations, etc., adopted at
public meetings—Notice—Secret voting prohibited.
Times and places for meetings—Emergencies—Exception.
Schedule of regular meetings—Publication in state register—
Notice of change—"Regular" meetings defined.
Special meetings.
Adjournments.
Continuances.
Executive sessions.
Violations—Personal liability—Penalty—Attorney fees and
costs.
Violations—Mandamus or injunction.
Chapter controlling—Application.
[Title 42 RCW—page 65]
42.30.010
42.30.200
42.30.210
42.30.900
42.30.910
42.30.920
Title 42 RCW: Public Officers and Agencies
Governing body of recognized student association at college
or university—Chapter applicability to.
Assistance by attorney general.
Short title.
Construction—1971 ex.s. c 250.
Severability—1971 ex.s. c 250.
Drug reimbursement policy recommendations: RCW 43.20A.365.
42.30.010
42.30.010 Legislative declaration. The legislature
finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions,
offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken
openly and that their deliberations be conducted openly.
The people of this state do not yield their sovereignty to
the agencies which serve them. The people, in delegating
authority, do not give their public servants the right to decide
what is good for the people to know and what is not good for
them to know. The people insist on remaining informed so
that they may retain control over the instruments they have
created. [1971 ex.s. c 250 § 1.]
Reviser's note: Throughout this chapter, the phrases "this act" and "this
1971 amendatory act" have been changed to "this chapter." "This act" [1971
ex.s. c 250] consists of this chapter, the amendment to RCW 34.04.025, and
the repeal of RCW 42.32.010 and 42.32.020.
42.30.020
42.30.020 Definitions. As used in this chapter unless
the context indicates otherwise:
(1) "Public agency" means:
(a) Any state board, commission, committee, department, educational institution, or other state agency which is
created by or pursuant to statute, other than courts and the
legislature;
(b) Any county, city, school district, special purpose district, or other municipal corporation or political subdivision
of the state of Washington;
(c) Any subagency of a public agency which is created
by or pursuant to statute, ordinance, or other legislative act,
including but not limited to planning commissions, library or
park boards, commissions, and agencies;
(d) Any policy group whose membership includes representatives of publicly owned utilities formed by or pursuant
to the laws of this state when meeting together as or on behalf
of participants who have contracted for the output of generating plants being planned or built by an operating agency.
(2) "Governing body" means the multimember board,
commission, committee, council, or other policy or rule-making body of a public agency, or any committee thereof when
the committee acts on behalf of the governing body, conducts
hearings, or takes testimony or public comment.
(3) "Action" means the transaction of the official business of a public agency by a governing body including but
not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final
actions. "Final action" means a collective positive or negative
decision, or an actual vote by a majority of the members of a
governing body when sitting as a body or entity, upon a
motion, proposal, resolution, order, or ordinance.
(4) "Meeting" means meetings at which action is taken.
[1985 c 366 § 1; 1983 c 155 § 1; 1982 1st ex.s. c 43 § 10;
1971 ex.s. c 250 § 2.]
[Title 42 RCW—page 66]
Severability—Savings—1982 1st ex.s. c 43: See notes following
RCW 43.52.374.
42.30.030 Meetings declared open and public. All
meetings of the governing body of a public agency shall be
open and public and all persons shall be permitted to attend
any meeting of the governing body of a public agency, except
as otherwise provided in this chapter. [1971 ex.s. c 250 § 3.]
42.30.030
42.30.040 Conditions to attendance not to be
required. A member of the public shall not be required, as a
condition to attendance at a meeting of a governing body, to
register his name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to
his attendance. [1971 ex.s. c 250 § 4.]
42.30.040
42.30.050 Interruptions—Procedure. In the event
that any meeting is interrupted by a group or groups of persons so as to render the orderly conduct of such meeting
unfeasible and order cannot be restored by the removal of
individuals who are interrupting the meeting, the members of
the governing body conducting the meeting may order the
meeting room cleared and continue in session or may adjourn
the meeting and reconvene at another location selected by
majority vote of the members. In such a session, final disposition may be taken only on matters appearing on the agenda.
Representatives of the press or other news media, except
those participating in the disturbance, shall be allowed to
attend any session held pursuant to this section. Nothing in
this section shall prohibit the governing body from establishing a procedure for readmitting an individual or individuals
not responsible for disturbing the orderly conduct of the
meeting. [1971 ex.s. c 250 § 5.]
42.30.050
42.30.060 Ordinances, rules, resolutions, regulations,
etc., adopted at public meetings—Notice—Secret voting
prohibited. (1) No governing body of a public agency shall
adopt any ordinance, resolution, rule, regulation, order, or
directive, except in a meeting open to the public and then
only at a meeting, the date of which is fixed by law or rule, or
at a meeting of which notice has been given according to the
provisions of this chapter. Any action taken at meetings failing to comply with the provisions of this subsection shall be
null and void.
(2) No governing body of a public agency at any meeting
required to be open to the public shall vote by secret ballot.
Any vote taken in violation of this subsection shall be null
and void, and shall be considered an "action" under this chapter. [1989 c 42 § 1; 1971 ex.s. c 250 § 6.]
42.30.060
42.30.070 Times and places for meetings—Emergencies—Exception. The governing body of a public agency
shall provide the time for holding regular meetings by ordinance, resolution, bylaws, or by whatever other rule is
required for the conduct of business by that body. Unless otherwise provided for in the act under which the public agency
was formed, meetings of the governing body need not be held
within the boundaries of the territory over which the public
agency exercises jurisdiction. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on
the next business day. If, by reason of fire, flood, earthquake,
42.30.070
(2004 Ed.)
Open Public Meetings Act
or other emergency, there is a need for expedited action by a
governing body to meet the emergency, the presiding officer
of the governing body may provide for a meeting site other
than the regular meeting site and the notice requirements of
this chapter shall be suspended during such emergency. It
shall not be a violation of the requirements of this chapter for
a majority of the members of a governing body to travel
together or gather for purposes other than a regular meeting
or a special meeting as these terms are used in this chapter:
PROVIDED, That they take no action as defined in this chapter. [1983 c 155 § 2; 1973 c 66 § 1; 1971 ex.s. c 250 § 7.]
42.30.075
42.30.075 Schedule of regular meetings—Publication
in state register—Notice of change—"Regular" meetings
defined. State agencies which hold regular meetings shall
file with the code reviser a schedule of the time and place of
such meetings on or before January of each year for publication in the Washington state register. Notice of any change
from such meeting schedule shall be published in the state
register for distribution at least twenty days prior to the
rescheduled meeting date.
For the purposes of this section "regular" meetings shall
mean recurring meetings held in accordance with a periodic
schedule declared by statute or rule. [1977 ex.s. c 240 § 12.]
Effective date—Severability—1977 ex.s. c 240: See RCW 34.08.905
and 34.08.910.
42.30.110
regular or adjourned regular meeting the clerk or secretary of
the governing body may declare the meeting adjourned to a
stated time and place. He shall cause a written notice of the
adjournment to be given in the same manner as provided in
RCW 42.30.080 for special meetings, unless such notice is
waived as provided for special meetings. Whenever any
meeting is adjourned a copy of the order or notice of adjournment shall be conspicuously posted immediately after the
time of the adjournment on or near the door of the place
where the regular, adjourned regular, special or adjourned
special meeting was held. When a regular or adjourned regular meeting is adjourned as provided in this section, the
resulting adjourned regular meeting is a regular meeting for
all purposes. When an order of adjournment of any meeting
fails to state the hour at which the adjourned meeting is to be
held, it shall be held at the hour specified for regular meetings
by ordinance, resolution, bylaw, or other rule. [1971 ex.s. c
250 § 9.]
42.30.100
42.30.100 Continuances. Any hearing being held,
noticed, or ordered to be held by a governing body at any
meeting may by order or notice of continuance be continued
or recontinued to any subsequent meeting of the governing
body in the same manner and to the same extent set forth in
RCW 42.30.090 for the adjournment of meetings. [1971
ex.s. c 250 § 10.]
Public meeting notices in state register: RCW 34.08.020.
42.30.110
42.30.080
42.30.080 Special meetings. A special meeting may be
called at any time by the presiding officer of the governing
body of a public agency or by a majority of the members of
the governing body by delivering personally or by mail written notice to each member of the governing body; and to each
local newspaper of general circulation and to each local radio
or television station which has on file with the governing
body a written request to be notified of such special meeting
or of all special meetings. Such notice must be delivered personally or by mail at least twenty-four hours before the time
of such meeting as specified in the notice. The call and notice
shall specify the time and place of the special meeting and the
business to be transacted. Final disposition shall not be taken
on any other matter at such meetings by the governing body.
Such written notice may be dispensed with as to any member
who at or prior to the time the meeting convenes files with the
clerk or secretary of the governing body a written waiver of
notice. Such waiver may be given by telegram. Such written
notice may also be dispensed with as to any member who is
actually present at the meeting at the time it convenes. The
notices provided in this section may be dispensed with in the
event a special meeting is called to deal with an emergency
involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of
such notice would make notice impractical and increase the
likelihood of such injury or damage. [1971 ex.s. c 250 § 8.]
42.30.090
42.30.090 Adjournments. The governing body of a
public agency may adjourn any regular, adjourned regular,
special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so
adjourn from time to time. If all members are absent from any
(2004 Ed.)
42.30.110 Executive sessions. (1) Nothing contained in
this chapter may be construed to prevent a governing body
from holding an executive session during a regular or special
meeting:
(a) To consider matters affecting national security;
(b) To consider the selection of a site or the acquisition
of real estate by lease or purchase when public knowledge
regarding such consideration would cause a likelihood of
increased price;
(c) To consider the minimum price at which real estate
will be offered for sale or lease when public knowledge
regarding such consideration would cause a likelihood of
decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public;
(d) To review negotiations on the performance of publicly bid contracts when public knowledge regarding such
consideration would cause a likelihood of increased costs;
(e) To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company;
(f) To receive and evaluate complaints or charges
brought against a public officer or employee. However, upon
the request of such officer or employee, a public hearing or a
meeting open to the public shall be conducted upon such
complaint or charge;
(g) To evaluate the qualifications of an applicant for public employment or to review the performance of a public
employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the
agency shall occur in a meeting open to the public, and when
a governing body elects to take final action hiring, setting the
salary of an individual employee or class of employees, or
[Title 42 RCW—page 67]
42.30.120
Title 42 RCW: Public Officers and Agencies
discharging or disciplining an employee, that action shall be
taken in a meeting open to the public;
(h) To evaluate the qualifications of a candidate for
appointment to elective office. However, any interview of
such candidate and final action appointing a candidate to
elective office shall be in a meeting open to the public;
(i) To discuss with legal counsel representing the agency
matters relating to agency enforcement actions, or to discuss
with legal counsel representing the agency litigation or
potential litigation to which the agency, the governing body,
or a member acting in an official capacity is, or is likely to
become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.
This subsection (1)(i) does not permit a governing body
to hold an executive session solely because an attorney representing the agency is present. For purposes of this subsection
(1)(i), "potential litigation" means matters protected by RPC
1.6 or RCW 5.60.060(2)(a) concerning:
(A) Litigation that has been specifically threatened to
which the agency, the governing body, or a member acting in
an official capacity is, or is likely to become, a party;
(B) Litigation that the agency reasonably believes may
be commenced by or against the agency, the governing body,
or a member acting in an official capacity; or
(C) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an
adverse legal or financial consequence to the agency;
(j) To consider, in the case of the state library commission or its advisory bodies, western library network prices,
products, equipment, and services, when such discussion
would be likely to adversely affect the network's ability to
conduct business in a competitive economic climate. However, final action on these matters shall be taken in a meeting
open to the public;
(k) To consider, in the case of the state investment board,
financial and commercial information when the information
relates to the investment of public trust or retirement funds
and when public knowledge regarding the discussion would
result in loss to such funds or in private loss to the providers
of this information;
(l) To consider proprietary or confidential nonpublished
information related to the development, acquisition, or implementation of state purchased health care services as provided
in RCW 41.05.026.
(2) Before convening in executive session, the presiding
officer of a governing body shall publicly announce the purpose for excluding the public from the meeting place, and the
time when the executive session will be concluded. The
executive session may be extended to a stated later time by
announcement of the presiding officer. [2003 c 277 § 1; 2001
c 216 § 1; 1989 c 238 § 2; 1987 c 389 § 3; 1986 c 276 § 8;
1985 c 366 § 2; 1983 c 155 § 3; 1979 c 42 § 1; 1973 c 66 § 2;
1971 ex.s. c 250 § 11.]
Severability—Effective date—1987 c 389: See notes following RCW
41.06.070.
Severability—1986 c 276: See RCW 53.31.901.
body who attends a meeting of such governing body where
action is taken in violation of any provision of this chapter
applicable to him, with knowledge of the fact that the meeting is in violation thereof, shall be subject to personal liability
in the form of a civil penalty in the amount of one hundred
dollars. The civil penalty shall be assessed by a judge of the
superior court and an action to enforce this penalty may be
brought by any person. A violation of this chapter does not
constitute a crime and assessment of the civil penalty by a
judge shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.
(2) Any person who prevails against a public agency in
any action in the courts for a violation of this chapter shall be
awarded all costs, including reasonable attorney fees,
incurred in connection with such legal action. Pursuant to
RCW 4.84.185, any public agency who prevails in any action
in the courts for a violation of this chapter may be awarded
reasonable expenses and attorney fees upon final judgment
and written findings by the trial judge that the action was frivolous and advanced without reasonable cause. [1985 c 69 §
1; 1973 c 66 § 3; 1971 ex.s. c 250 § 12.]
42.30.130
42.30.130 Violations—Mandamus or injunction.
Any person may commence an action either by mandamus or
injunction for the purpose of stopping violations or preventing threatened violations of this chapter by members of a
governing body. [1971 ex.s. c 250 § 13.]
42.30.140
42.30.140 Chapter controlling—Application. If any
provision of this chapter conflicts with the provisions of any
other statute, the provisions of this chapter shall control:
PROVIDED, That this chapter shall not apply to:
(1) The proceedings concerned with the formal issuance
of an order granting, suspending, revoking, or denying any
license, permit, or certificate to engage in any business, occupation, or profession or to any disciplinary proceedings
involving a member of such business, occupation, or profession, or to receive a license for a sports activity or to operate
any mechanical device or motor vehicle where a license or
registration is necessary; or
(2) That portion of a meeting of a quasi-judicial body
which relates to a quasi-judicial matter between named parties as distinguished from a matter having general effect on
the public or on a class or group; or
(3) Matters governed by chapter 34.05 RCW, the
Administrative Procedure Act; or
(4)(a) Collective bargaining sessions with employee
organizations, including contract negotiations, grievance
meetings, and discussions relating to the interpretation or
application of a labor agreement; or (b) that portion of a
meeting during which the governing body is planning or
adopting the strategy or position to be taken by the governing
body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings,
or reviewing the proposals made in the negotiations or proceedings while in progress. [1990 c 98 § 1; 1989 c 175 § 94;
1973 c 66 § 4; 1971 ex.s. c 250 § 14.]
Effective date—1989 c 175: See note following RCW 34.05.010.
42.30.120
42.30.120 Violations—Personal liability—Penalty—
Attorney fees and costs. (1) Each member of the governing
[Title 42 RCW—page 68]
Drug reimbursement policy recommendations: RCW 43.20A.365.
Mediation testimony competency: RCW 5.60.070 and 5.60.072.
(2004 Ed.)
Meetings
42.30.200
42.36.050
Chapter 42.36
42.30.200 Governing body of recognized student
association at college or university—Chapter applicability to. The multimember student board which is the governing body of the recognized student association at a given
campus of a public institution of higher education is hereby
declared to be subject to the provisions of the open public
meetings act as contained in this chapter, as now or hereafter
amended. For the purposes of this section, "recognized student association" shall mean any body at any of the state's
colleges and universities which selects officers through a process approved by the student body and which represents the
interests of students. Any such body so selected shall be recognized by and registered with the respective boards of trustees and regents of the state's colleges and universities: PROVIDED, That there be no more than one such association representing undergraduate students, no more than one such
association representing graduate students, and no more than
one such association representing each group of professional
students so recognized and registered at any of the state's colleges or universities. [1980 c 49 § 1.]
42.30.210
42.30.210 Assistance by attorney general. The attorney general's office may provide information, technical assistance, and training on the provisions of this chapter. [2001 c
216 § 2.]
42.30.900
42.30.900 Short title. This chapter may be cited as the
"Open Public Meetings Act of 1971". [1971 ex.s. c 250 §
16.]
Chapter 42.36 RCW
APPEARANCE OF FAIRNESS
DOCTRINE—LIMITATIONS
Sections
42.36.010
42.36.020
42.36.030
42.36.040
42.36.050
42.36.060
42.36.070
42.36.080
42.36.090
42.36.100
42.36.110
42.36.900
Local land use decisions.
Members of local decision-making bodies.
Legislative action of local executive or legislative officials.
Public discussion by candidate for public office.
Campaign contributions.
Quasi-judicial proceedings—Ex parte communications prohibited, exceptions.
Quasi-judicial proceedings—Prior advisory proceedings.
Disqualification based on doctrine—Time limitation for raising challenge.
Participation of challenged member of decision-making body.
Judicial restriction of doctrine not prohibited—Construction
of chapter.
Right to fair hearing not impaired.
Severability—1982 c 229.
42.36.010
42.36.010 Local land use decisions. Application of the
appearance of fairness doctrine to local land use decisions
shall be limited to the quasi-judicial actions of local decisionmaking bodies as defined in this section. Quasi-judicial
actions of local decision-making bodies are those actions of
the legislative body, planning commission, hearing examiner,
zoning adjuster, board of adjustment, or boards which determine the legal rights, duties, or privileges of specific parties
in a hearing or other contested case proceeding. Quasi-judicial actions do not include the legislative actions adopting,
amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the
adoption of area-wide zoning ordinances or the adoption of a
zoning amendment that is of area-wide significance. [1982 c
229 § 1.]
42.30.910
42.30.910 Construction—1971 ex.s. c 250. The purposes of this chapter are hereby declared remedial and shall
be liberally construed. [1971 ex.s. c 250 § 18.]
42.30.920
42.30.920 Severability—1971 ex.s. c 250. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1971 ex.s. c 250 § 19.]
Chapter 42.32
Chapter 42.32 RCW
42.36.020
42.36.020 Members of local decision-making bodies.
No member of a local decision-making body may be disqualified by the appearance of fairness doctrine for conducting
the business of his or her office with any constituent on any
matter other than a quasi-judicial action then pending before
the local legislative body. [1982 c 229 § 2.]
42.36.030
42.36.030 Legislative action of local executive or legislative officials. No legislative action taken by a local legislative body, its members, or local executive officials shall be
invalidated by an application of the appearance of fairness
doctrine. [1982 c 229 § 3.]
MEETINGS
42.36.040
Sections
42.32.030
Minutes.
Drug reimbursement policy recommendations: RCW 43.20A.365.
Open Public Meetings Act: Chapter 42.30 RCW.
42.32.030
42.32.030 Minutes. The minutes of all regular and special meetings except executive sessions of such boards, commissions, agencies or authorities shall be promptly recorded
and such records shall be open to public inspection. [1953 c
216 § 3.]
42.36.040 Public discussion by candidate for public
office. Prior to declaring as a candidate for public office or
while campaigning for public office as defined by *RCW
42.17.020 (5) and (25) no public discussion or expression of
an opinion by a person subsequently elected to a public
office, on any pending or proposed quasi-judicial actions,
shall be a violation of the appearance of fairness doctrine.
[1982 c 229 § 4.]
*Reviser's note: RCW 42.17.020 was amended by 1991 sp.s. c 18 § 1,
changing subsection (25) to subsection (26). RCW 42.17.020 was subsequently amended by 1995 c 397 § 1, changing subsections (5) and (26) to
subsections (8) and (35), respectively.
42.36.050
Reviser's note: RCW 42.32.010 and 42.32.020 were repealed by 1971
ex.s. c 250 § 15; later enactment, see chapter 42.30 RCW.
(2004 Ed.)
42.36.050 Campaign contributions. A candidate for
public office who complies with all provisions of applicable
[Title 42 RCW—page 69]
42.36.060
Title 42 RCW: Public Officers and Agencies
public disclosure and ethics laws shall not be limited from
accepting campaign contributions to finance the campaign,
including outstanding debts; nor shall it be a violation of the
appearance of fairness doctrine to accept such campaign contributions. [1982 c 229 § 5.]
Public disclosure of campaign finances: Chapter 42.17 RCW.
42.36.100
42.36.100 Judicial restriction of doctrine not prohibited—Construction of chapter. Nothing in this chapter prohibits the restriction or elimination of the appearance of fairness doctrine by the appellate courts. Nothing in this chapter
may be construed to expand the appearance of fairness doctrine. [1982 c 229 § 10.]
42.36.110
42.36.060
42.36.060 Quasi-judicial proceedings—Ex parte
communications prohibited, exceptions. During the pendency of any quasi-judicial proceeding, no member of a decision-making body may engage in ex parte communications
with opponents or proponents with respect to the proposal
which is the subject of the proceeding unless that person:
(1) Places on the record the substance of any written or
oral ex parte communications concerning the decision of
action; and
(2) Provides that a public announcement of the content
of the communication and of the parties' rights to rebut the
substance of the communication shall be made at each hearing where action is considered or taken on the subject to
which the communication related. This prohibition does not
preclude a member of a decision-making body from seeking
in a public hearing specific information or data from such
parties relative to the decision if both the request and the
results are a part of the record. Nor does such prohibition preclude correspondence between a citizen and his or her elected
official if any such correspondence is made a part of the
record when it pertains to the subject matter of a quasi-judicial proceeding. [1984 c 191 § 1; 1982 c 229 § 6.]
42.36.070
42.36.070 Quasi-judicial proceedings—Prior advisory proceedings. Participation by a member of a decisionmaking body in earlier proceedings that result in an advisory
recommendation to a decision-making body shall not disqualify that person from participating in any subsequent
quasi-judicial proceeding. [1982 c 229 § 7.]
42.36.080
42.36.080 Disqualification based on doctrine—Time
limitation for raising challenge. Anyone seeking to rely on
the appearance of fairness doctrine to disqualify a member of
a decision-making body from participating in a decision must
raise the challenge as soon as the basis for disqualification is
made known to the individual. Where the basis is known or
should reasonably have been known prior to the issuance of a
decision and is not raised, it may not be relied on to invalidate
the decision. [1982 c 229 § 8.]
42.36.090
42.36.090 Participation of challenged member of
decision-making body. In the event of a challenge to a
member or members of a decision-making body which would
cause a lack of a quorum or would result in a failure to obtain
a majority vote as required by law, any such challenged
member(s) shall be permitted to fully participate in the proceeding and vote as though the challenge had not occurred, if
the member or members publicly disclose the basis for disqualification prior to rendering a decision. Such participation
shall not subject the decision to a challenge by reason of violation of the appearance of fairness doctrine. [1982 c 229 §
9.]
[Title 42 RCW—page 70]
42.36.110 Right to fair hearing not impaired. Nothing in this chapter prohibits challenges to local land use decisions where actual violations of an individual's right to a fair
hearing can be demonstrated. [1982 c 229 § 11.]
42.36.900
42.36.900 Severability—1982 c 229. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 229 § 12.]
Chapter 42.40
Chapter 42.40 RCW
STATE EMPLOYEE
WHISTLEBLOWER PROTECTION
Sections
42.40.010
42.40.020
42.40.030
42.40.035
42.40.040
42.40.050
42.40.070
42.40.080
42.40.090
42.40.100
42.40.110
42.40.900
42.40.910
Policy.
Definitions.
Right to disclose improper governmental actions—Interference prohibited.
Duty of correctness—Penalties for false information.
Report of improper governmental action—Investigations and
reports by auditor, agency.
Retaliatory action against whistleblower—Remedies.
Summary of chapter available to employees.
Contracting for assistance.
Administrative costs.
Assertions against auditor.
Performance audit.
Severability—1982 c 208.
Application of chapter.
42.40.010
42.40.010 Policy. It is the policy of the legislature that
employees should be encouraged to disclose, to the extent not
expressly prohibited by law, improper governmental actions,
and it is the intent of the legislature to protect the rights of
state employees making these disclosures. It is also the policy
of the legislature that employees should be encouraged to
identify rules warranting review or provide information to the
rules review committee, and it is the intent of the legislature
to protect the rights of these employees. [1995 c 403 § 508;
1982 c 208 § 1.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
42.40.020
42.40.020 Definitions. As used in this chapter, the
terms defined in this section shall have the meanings indicated unless the context clearly requires otherwise.
(1) "Auditor" means the office of the state auditor.
(2) "Employee" means any individual employed or holding office in any department or agency of state government.
(3) "Good faith" means a reasonable basis in fact for the
communication. "Good faith" is lacking when the employee
knows or reasonably ought to know that the report is malicious, false, or frivolous.
(2004 Ed.)
State Employee Whistleblower Protection
(4) "Gross waste of funds" means to spend or use funds
or to allow funds to be used without valuable result in a manner grossly deviating from the standard of care or competence
that a reasonable person would observe in the same situation.
(5)(a) "Improper governmental action" means any action
by an employee undertaken in the performance of the
employee's official duties:
(i) Which is [a] gross waste of public funds or resources
as defined in this section;
(ii) Which is in violation of federal or state law or rule, if
the violation is not merely technical or of a minimum nature;
or
(iii) Which is of substantial and specific danger to the
public health or safety.
(b) "Improper governmental action" does not include
personnel actions, for which other remedies exist, including
but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments,
reinstatements, restorations, reemployments, performance
evaluations, reductions in pay, dismissals, suspensions,
demotions, violations of the state civil service law, alleged
labor agreement violations, reprimands, claims of discriminatory treatment, or any action which may be taken under
chapter 41.06 RCW, or other disciplinary action except as
provided in RCW 42.40.030.
(6) "Substantial and specific danger" means a risk of
serious injury, illness, peril, or loss, to which the exposure of
the public is a gross deviation from the standard of care or
competence which a reasonable person would observe in the
same situation.
(7) "Use of official authority or influence" includes taking, directing others to take, recommending, processing, or
approving any personnel action such as an appointment, promotion, transfer, assignment, reassignment, reinstatement,
restoration, reemployment, performance evaluation, or any
adverse action under chapter 41.06 RCW, or other disciplinary action.
(8) "Whistleblower" means an employee who in good
faith reports alleged improper governmental action to the
auditor, initiating an investigation under RCW 42.40.040.
For purposes of the provisions of this chapter and chapter
49.60 RCW relating to reprisals and retaliatory action, the
term "whistleblower" also means: (a) An employee who in
good faith provides information to the auditor in connection
with an investigation under RCW 42.40.040 and an employee
who is believed to have reported asserted improper governmental action to the auditor or to have provided information
to the auditor in connection with an investigation under RCW
42.40.040 but who, in fact, has not reported such action or
provided such information; or (b) an employee who in good
faith identifies rules warranting review or provides information to the rules review committee, and an employee who is
believed to have identified rules warranting review or provided information to the rules review committee but who, in
fact, has not done so. [1999 c 361 § 1; 1995 c 403 § 509;
1992 c 118 § 1; 1989 c 284 § 1; 1982 c 208 § 2.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
(2004 Ed.)
42.40.040
42.40.030
42.40.030 Right to disclose improper governmental
actions—Interference prohibited. (1) An employee shall
not directly or indirectly use or attempt to use the employee's
official authority or influence for the purpose of intimidating,
threatening, coercing, commanding, influencing, or attempting to intimidate, threaten, coerce, command, or influence
any individual for the purpose of interfering with the right of
the individual to: (a) Disclose to the auditor (or representative thereof) information concerning improper governmental
action; or (b) identify rules warranting review or provide
information to the rules review committee.
(2) Nothing in this section authorizes an individual to
disclose information otherwise prohibited by law. [1995 c
403 § 510; 1989 c 284 § 2; 1982 c 208 § 3.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
42.40.035
42.40.035 Duty of correctness—Penalties for false
information. An employee must make a reasonable attempt
to ascertain the correctness of the information furnished and
may be subject to disciplinary actions, including, but not limited to, suspension or termination, for knowingly furnishing
false information as determined by the employee's appointing
authority. [1999 c 361 § 2.]
42.40.040
42.40.040 Report of improper governmental
action—Investigations and reports by auditor, agency.
(1)(a) In order to be investigated, an assertion of improper
governmental action must be provided to the auditor within
one year after the occurrence of the asserted improper governmental action.
(b) The auditor has the authority to determine whether to
investigate any assertions received. In determining whether
to conduct either a preliminary or further investigation, the
auditor shall consider factors including, but not limited to:
The nature and quality of evidence and the existence of relevant laws and rules; whether the action was isolated or systematic; the history of previous assertions regarding the same
subject or subjects or subject matter; whether other avenues
are available for addressing the matter; whether the matter
has already been investigated or is in litigation; the seriousness or significance of the asserted improper governmental
action; and the cost and benefit of the investigation. The auditor has the sole discretion to determine the priority and
weight given to these and other relevant factors and to decide
whether a matter is to be investigated. The auditor shall document the factors considered and the analysis applied.
(c) The auditor also has the authority to investigate assertions of improper governmental actions as part of an audit
conducted under chapter 43.09 RCW. The auditor shall document the reasons for handling the matter as part of such an
audit.
(2) Subject to subsection (5)(c) of this section, the identity of a whistleblower is confidential at all times unless the
whistleblower consents to disclosure by written waiver or by
acknowledging his or her identity in a claim against the state
for retaliation.
(3) Upon receiving specific information that an
employee has engaged in improper governmental action, the
[Title 42 RCW—page 71]
42.40.040
Title 42 RCW: Public Officers and Agencies
auditor shall, within five working days of receipt of the information, mail written acknowledgement to the whistleblower
at the address provided stating whether a preliminary investigation will be conducted. For a period not to exceed thirty
working days from receipt of the assertion, the auditor shall
conduct such preliminary investigation of the matter as the
auditor deems appropriate.
(4) In addition to the authority under subsection (3) of
this section, the auditor may, on its own initiative, investigate
incidents of improper state governmental action.
(5)(a) If it appears to the auditor, upon completion of the
preliminary investigation, that the matter is so unsubstantiated that no further investigation, prosecution, or administrative action is warranted, the auditor shall so notify the
whistleblower.
(b) The written notification shall contain a summary of
the information received and of the results of the preliminary
investigation with regard to each assertion of improper governmental action.
(c) In any case to which this section applies, the identity
of the whistleblower shall be kept confidential unless the
auditor determines that the information has been provided
other than in good faith.
(d) With the agency's consent, the auditor may forward
the assertions to an appropriate agency to investigate and
report back to the auditor no later than sixty working days
after the assertions are received from the auditor. The auditor
is entitled to all investigative records resulting from such a
referral. All procedural and confidentiality provisions of this
chapter apply to investigations conducted under this subsection. The auditor shall document the reasons the assertions
were referred.
(6) During the preliminary investigation, the auditor
shall provide written notification of the nature of the assertions to the subject or subjects of the investigation and the
agency head. The notification shall include the relevant facts
and laws known at the time and the procedure for the subject
or subjects of the investigation and the agency head to
respond to the assertions and information obtained during the
investigation. This notification does not limit the auditor
from considering additional facts or laws which become
known during further investigation.
(7)(a) If it appears to the auditor after completion of the
preliminary investigation that further investigation, prosecution, or administrative action is warranted, the auditor shall
so notify the whistleblower, the subject or subjects of the
investigation, and the agency head and either conduct a further investigation or issue a report under subsection (10) of
this section.
(b) If the preliminary investigation resulted from an
anonymous assertion, a decision to conduct further investigation shall be subject to review by a three-person panel convened as necessary by the auditor prior to the commencement
of any additional investigation. The panel shall include a state
auditor representative knowledgeable of the subject agency
operations, a citizen volunteer, and a representative of the
attorney general's office. This group shall be briefed on the
preliminary investigation and shall recommend whether the
auditor should proceed with further investigation.
(c) If further investigation is to occur, the auditor shall
provide written notification of the nature of the assertions to
[Title 42 RCW—page 72]
the subject or subjects of the investigation and the agency
head. The notification shall include the relevant facts known
at the time and the procedure to be used by the subject or subjects of the investigation and the agency head to respond to
the assertions and information obtained during the investigation.
(8) Within sixty working days after the preliminary
investigation period in subsection (3) of this section, the auditor shall complete the investigation and report its findings to
the whistleblower unless written justification for the delay is
furnished to the whistleblower, agency head, and subject or
subjects of the investigation. In all such cases, the report of
the auditor's investigation and findings shall be sent to the
whistleblower within one year after the information was filed
under subsection (3) of this section.
(9)(a) At any stage of an investigation under this section
the auditor may require by subpoena the attendance and testimony of witnesses and the production of documentary or
other evidence relating to the investigation at any designated
place in the state. The auditor may issue subpoenas, administer oaths, examine witnesses, and receive evidence. In the
case of contumacy or failure to obey a subpoena, the superior
court for the county in which the person to whom the subpoena is addressed resides or is served may issue an order
requiring the person to appear at any designated place to testify or to produce documentary or other evidence. Any failure
to obey the order of the court may be punished by the court as
a contempt thereof.
(b) The auditor may order the taking of depositions at
any stage of a proceeding or investigation under this chapter.
Depositions shall be taken before an individual designated by
the auditor and having the power to administer oaths. Testimony shall be reduced to writing by or under the direction of
the individual taking the deposition and shall be subscribed
by the deponent.
(c) Agencies shall cooperate fully in the investigation
and shall take appropriate action to preclude the destruction
of any evidence during the course of the investigation.
(d) During the investigation the auditor shall interview
each subject of the investigation. If it is determined there is
reasonable cause to believe improper governmental action
has occurred, the subject or subjects and the agency head
shall be given fifteen working days to respond to the assertions prior to the issuance of the final report.
(10)(a) If the auditor determines there is reasonable
cause to believe an employee has engaged in improper governmental action, the auditor shall report the nature and
details of the activity to:
(i) The subject or subjects of the investigation and the
head of the employing agency; and
(ii) If appropriate, the attorney general or such other
authority as the auditor determines appropriate.
(b) The auditor has no enforcement power except that in
any case in which the auditor submits an investigative report
containing reasonable cause determinations to the agency,
the agency shall send its plan for resolution to the auditor
within fifteen working days of having received the report.
The agency is encouraged to consult with the subject or subjects of the investigation in establishing the resolution plan.
The auditor may require periodic reports of agency action
until all resolution has occurred. If the auditor determines that
(2004 Ed.)
State Employee Whistleblower Protection
appropriate action has not been taken, the auditor shall report
the determination to the governor and to the legislature and
may include this determination in the agency audit under
chapter 43.09 RCW.
(11) Once the auditor concludes that appropriate action
has been taken to resolve the matter, the auditor shall so
notify the whistleblower, the agency head, and the subject or
subjects of the investigation. If the resolution takes more than
one year, the auditor shall provide annual notification of its
status to the whistleblower, agency head, and subject or subjects of the investigation.
(12) This section does not limit any authority conferred
upon the attorney general or any other agency of government
to investigate any matter. [1999 c 361 § 3; 1992 c 118 § 2;
1989 c 284 § 3; 1982 c 208 § 4.]
42.40.050
42.40.050 Retaliatory action against whistleblower—
Remedies. (1) Any person who is a whistleblower, as
defined in RCW 42.40.020, and who has been subjected to
workplace reprisal or retaliatory action is presumed to have
established a cause of action for the remedies provided under
chapter 49.60 RCW. For the purpose of this section "reprisal
or retaliatory action" means but is not limited to any of the
following:
(a) Denial of adequate staff to perform duties;
(b) Frequent staff changes;
(c) Frequent and undesirable office changes;
(d) Refusal to assign meaningful work;
(e) Unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations;
(f) Demotion;
(g) Reduction in pay;
(h) Denial of promotion;
(i) Suspension;
(j) Dismissal;
(k) Denial of employment;
(l) A supervisor or superior encouraging coworkers to
behave in a hostile manner toward the whistleblower; and
(m) A change in the physical location of the employee's
workplace or a change in the basic nature of the employee's
job, if either are in opposition to the employee's expressed
wish.
(2) The agency presumed to have taken retaliatory action
under subsection (1) of this section may rebut that presumption by proving by a preponderance of the evidence that the
agency action or actions were justified by reasons unrelated
to the employee's status as a whistleblower.
(3) Nothing in this section prohibits an agency from
making any decision exercising its authority to terminate,
suspend, or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower.
However, the agency also shall implement any order under
chapter 49.60 RCW (other than an order of suspension if the
agency has terminated the retaliator). [1999 c 283 § 1; 1992
c 118 § 3; 1989 c 284 § 4; 1982 c 208 § 5.]
42.40.070
42.40.070 Summary of chapter available to employees. A written summary of this chapter and procedures for
reporting improper governmental actions established by the
auditor's office shall be made available by each department or
(2004 Ed.)
42.40.910
agency of state government to each employee upon entering
public employment. Employees shall be notified by each
department or agency of state government each year of the
procedures and protections under this chapter. [1989 c 284 §
5; 1982 c 208 § 7.]
42.40.080
42.40.080 Contracting for assistance. The auditor has
the authority to contract for any assistance necessary to carry
out the provisions of this chapter. [1999 c 361 § 4.]
42.40.090
42.40.090 Administrative costs. The cost of administering this chapter is funded through the auditing services
revolving account created in RCW 43.09.410. [1999 c 361 §
5.]
42.40.100
42.40.100 Assertions against auditor. A whistleblower wishing to provide information under this chapter
regarding asserted improper governmental action against the
state auditor or an employee of that office shall provide the
information to the attorney general who shall act in place of
the auditor in investigating and reporting the matter. [1999 c
361 § 6.]
42.40.110
42.40.110 Performance audit. The office of financial
management shall contract for a performance audit of the
state employee whistleblower program on a cycle to be determined by the office of financial management. The audit shall
be done in accordance with generally accepted government
auditing standards beginning with the fiscal year ending June
30, 2001. The audit shall determine at a minimum: Whether
the program is acquiring, protecting, and using its resources
such as personnel, property, and space economically and efficiently; the causes of inefficiencies or uneconomical practices; and whether the program has complied with laws and
rules on matters of economy and efficiency. The audit shall
also at a minimum determine the extent to which the desired
results or benefits established by the legislature are being
achieved, the effectiveness of the program, and whether the
auditor has complied with significant laws and rules applicable to the program.
The cost of the audit is a cost of operating the program
and shall be funded by the auditing services revolving
account created by RCW 43.09.410. [1999 c 361 § 8.]
42.40.900
42.40.900 Severability—1982 c 208. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 208 § 14.]
42.40.910
42.40.910 Application of chapter. Chapter 361, Laws
of 1999 does not affect the jurisdiction of the legislative ethics board, the executive ethics board, or the commission on
judicial conduct, as set forth in chapter 42.52 RCW. The senate, the house of representatives, and the supreme court shall
adopt policies regarding the applicability of chapter 42.40
RCW to the senate, house of representatives, and judicial
branch. [1999 c 361 § 7.]
[Title 42 RCW—page 73]
Chapter 42.41
Chapter 42.41
Title 42 RCW: Public Officers and Agencies
Chapter 42.41 RCW
LOCAL GOVERNMENT
WHISTLEBLOWER PROTECTION
Sections
42.41.010
42.41.020
42.41.030
42.41.040
42.41.045
42.41.050
42.41.060
42.41.900
42.41.901
42.41.902
Policy.
Definitions.
Right to report improper governmental action—Policies and
procedures.
Retaliatory action unlawful—Relief by whistleblower—Penalty.
Prohibition on intimidation of whistleblower—Nondisclosure
of protected information.
Exemptions.
Local government administrative hearings account.
Construction.
Effective dates—1992 c 44.
Severability—1992 c 44.
42.41.010
42.41.010 Policy. It is the policy of the legislature that
local government employees should be encouraged to disclose, to the extent not expressly prohibited by law, improper
governmental actions of local government officials and
employees. The purpose of this chapter is to protect local
government employees who make good-faith reports to
appropriate governmental bodies and to provide remedies for
such individuals who are subjected to retaliation for having
made such reports. [1992 c 44 § 1.]
42.41.020
42.41.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1)(a) "Improper governmental action" means any action
by a local government officer or employee:
(i) That is undertaken in the performance of the officer's
or employee's official duties, whether or not the action is
within the scope of the employee's employment; and
(ii) That is in violation of any federal, state, or local law
or rule, is an abuse of authority, is of substantial and specific
danger to the public health or safety, or is a gross waste of
public funds.
(b) "Improper governmental action" does not include
personnel actions including but not limited to employee
grievances, complaints, appointments, promotions, transfers,
assignments, reassignments, reinstatements, restorations,
reemployments, performance evaluations, reductions in pay,
dismissals, suspensions, demotions, violations of the local
government collective bargaining and civil service laws,
alleged labor agreement violations, reprimands, or any action
that may be taken under chapter 41.08, 41.12, 41.14, 41.56,
41.59, or 53.18 RCW or RCW 54.04.170 and 54.04.180.
(2) "Local government" means any governmental entity
other than the state, federal agencies, or an operating system
established under chapter 43.52 RCW. It includes, but is not
limited to cities, counties, school districts, and special purpose districts.
(3) "Retaliatory action" means: (a) Any adverse change
in a local government employee's employment status, or the
terms and conditions of employment including denial of adequate staff to perform duties, frequent staff changes, frequent
and undesirable office changes, refusal to assign meaningful
work, unwarranted and unsubstantiated letters of reprimand
or unsatisfactory performance evaluations, demotion, transfer, reassignment, reduction in pay, denial of promotion, sus[Title 42 RCW—page 74]
pension, dismissal, or any other disciplinary action; or (b)
hostile actions by another employee towards a local government employee that were encouraged by a supervisor or
senior manager or official.
(4) "Emergency" means a circumstance that if not immediately changed may cause damage to persons or property.
[1994 c 210 § 1; 1992 c 44 § 2.]
42.41.030
42.41.030 Right to report improper governmental
action—Policies and procedures. (1) Every local government employee has the right to report to the appropriate person or persons information concerning an alleged improper
governmental action.
(2) The governing body or chief administrative officer of
each local government shall adopt a policy on the appropriate
procedures to follow for reporting such information and shall
provide information to their employees on the policy. Local
governments are encouraged to consult with their employees
on the policy.
(3) The policy shall describe the appropriate person or
persons within the local government to whom to report information and a list of appropriate person or persons outside the
local government to whom to report. The list shall include the
county prosecuting attorney.
(4) Each local government shall permanently post a summary of the procedures for reporting information on an
alleged improper governmental action and the procedures for
protection against retaliatory actions described in RCW
42.41.040 in a place where all employees will have reasonable access to it. A copy of the summary shall be made available to any employee upon request.
(5) A local government may require as part of its policy
that, except in the case of an emergency, before an employee
provides information of an improper governmental action to
a person or an entity who is not a public official or a person
listed pursuant to subsection (3) of this section, the employee
shall submit a written report to the local government. Where
a local government has adopted such a policy under this section, an employee who fails to make a good faith attempt to
follow the policy shall not receive the protections of this
chapter.
(6) If a local government has failed to adopt a policy as
required by subsection (2) of this section, an employee may
report alleged improper government action directly to the
county prosecuting attorney or, if the prosecuting attorney or
an employee of the prosecuting attorney participated in the
alleged improper government action, to the state auditor. The
cost incurred by the state auditor in such investigations shall
be paid by the local government through the municipal
revolving account authorized in RCW 43.09.282.
(7) The identity of a reporting employee shall be kept
confidential to the extent possible under law, unless the
employee authorizes the disclosure of his or her identity in
writing. [1995 c 213 § 1; 1992 c 44 § 3.]
42.41.040
42.41.040 Retaliatory action unlawful—Relief by
whistleblower—Penalty. (1) It is unlawful for any local
government official or employee to take retaliatory action
against a local government employee because the employee
provided information in good faith in accordance with the
(2004 Ed.)
Notaries Public
provisions of this chapter that an improper governmental
action occurred.
(2) In order to seek relief under this chapter, a local government employee shall provide a written notice of the
charge of retaliatory action to the governing body of the local
government that:
(a) Specifies the alleged retaliatory action; and
(b) Specifies the relief requested.
(3) The charge shall be delivered to the local government
no later than thirty days after the occurrence of the alleged
retaliatory action. The local government has thirty days to
respond to the charge of retaliatory action and request for
relief.
(4) Upon receipt of either the response of the local government or after the last day upon which the local government could respond, the local government employee may
request a hearing to establish that a retaliatory action
occurred and to obtain appropriate relief as defined in this
section. The request for a hearing shall be delivered to the
local government within fifteen days of delivery of the
response from the local government, or within fifteen days of
the last day on which the local government could respond.
(5) Within five working days of receipt of the request for
hearing, the local government shall apply to the state office of
administrative hearings for an adjudicative proceeding before
an administrative law judge. Except as otherwise provided in
this section, the proceedings shall comply with RCW
34.05.410 through 34.05.598.
(6) The employee, as the initiating party, must prove his
or her claim by a preponderance of the evidence. The administrative law judge shall issue a final decision consisting of
findings of fact, conclusions of law, and judgment no later
than forty-five days after the date the request for hearing was
delivered to the local government. The administrative law
judge may grant specific extensions of time beyond this
period of time for rendering a decision at the request of either
party upon a showing of good cause, or upon his or her own
motion.
(7) Relief that may be granted by the administrative law
judge consists of reinstatement, with or without back pay,
and such injunctive relief as may be found to be necessary in
order to return the employee to the position he or she held
before the retaliatory action and to prevent any recurrence of
retaliatory action. The administrative law judge may award
costs and reasonable attorneys' fees to the prevailing party.
(8) If a determination is made that retaliatory action has
been taken against the employee, the administrative law
judge may, in addition to any other remedy, impose a civil
penalty personally upon the retaliator of up to three thousand
dollars payable by each person found to have retaliated
against the employee and recommend to the local government that any person found to have retaliated against the
employee be suspended with or without pay or dismissed. All
penalties recovered shall be paid to the local government
administrative hearings account created in RCW 42.41.060.
(9) The final decision of the administrative law judge is
subject to judicial review under the arbitrary and capricious
standard. Relief ordered by the administrative law judge may
be enforced by petition to superior court. [1992 c 44 § 4.]
(2004 Ed.)
Chapter 42.44
42.41.045 Prohibition on intimidation of whistleblower—Nondisclosure of protected information. (1) A
local government official or employee may not use his or her
official authority or influence, directly or indirectly, to
threaten, intimidate, or coerce an employee for the purpose of
interfering with that employee's right to disclose information
concerning an improper governmental action in accordance
with the provisions of this chapter.
(2) Nothing in this section authorizes an individual to
disclose information prohibited by law. [1994 c 210 § 2.]
42.41.045
42.41.050 Exemptions. Any local government that has
adopted or adopts a program for reporting alleged improper
governmental actions and adjudicating retaliation resulting
from such reporting shall be exempt from this chapter if the
program meets the intent of this chapter. [1992 c 44 § 6.]
42.41.050
42.41.060 Local government administrative hearings
account. The local government administrative hearings
account is created in the custody of the state treasurer. All
receipts from penalties in RCW 42.41.040 and the surcharges
under RCW 43.09.2801 shall be deposited into the account.
Expenditures from the account may be used only for administrative hearings under this chapter. Only the chief administrative law judge or his or her designee may authorize expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but no appropriation is
required for expenditures. [1992 c 44 § 7.]
42.41.060
42.41.900 Construction. This chapter shall not be construed to permit disclosures that would diminish the rights of
any person to the continued protection of confidentiality of
communications where statute or common law provides such
protection. [1992 c 44 § 5.]
42.41.900
42.41.901 Effective dates—1992 c 44. Sections 1
through 10 of this act shall take effect January 1, 1993. Section 11 of this act shall take effect July 1, 1992. [1992 c 44 §
13.]
42.41.901
42.41.902 Severability—1992 c 44. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1992 c 44 § 14.]
42.41.902
Chapter 42.44
Chapter 42.44 RCW
NOTARIES PUBLIC
Sections
42.44.010
42.44.020
42.44.030
42.44.050
42.44.060
42.44.070
42.44.080
42.44.090
42.44.100
42.44.110
42.44.120
42.44.130
Definitions.
Qualifications—Application—Bond.
Appointment—Denial for unprofessional conduct—Certificate of appointment.
Seal or stamp.
Term.
Reappointment without endorsements.
Standards for notarial acts.
Form of certificate—General—Seal or stamp as exclusive
property.
Short forms of certificate.
Illegible writing.
Fees.
Notarial acts by officials of other jurisdictions.
[Title 42 RCW—page 75]
42.44.010
42.44.140
42.44.150
42.44.160
42.44.170
42.44.180
42.44.190
42.44.200
42.44.210
42.44.900
42.44.901
42.44.902
42.44.903
Title 42 RCW: Public Officers and Agencies
Notarial acts by federal authorities.
Notarial acts by foreign authorities.
Official misconduct—Penalty.
Revocation of appointment—Resignation.
Evidence of authenticity of notarial seal and signature.
Rules.
Transfer of records.
Uniform regulation of business and professions act.
Savings—1985 c 156.
Construction.
Severability—1985 c 156.
Effective date—1985 c 156.
42.44.010
42.44.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Director" means the director of licensing of the state
of Washington or the director's designee.
(2) "Notarial act" and "notarization" mean: (a) Taking
an acknowledgment; (b) administering an oath or affirmation; (c) taking a verification upon oath or affirmation; (d)
witnessing or attesting a signature; (e) certifying or attesting
a copy; (f) receiving a protest of a negotiable instrument; (g)
certifying that an event has occurred or an act has been performed; and (h) any other act that a notary public of this state
is authorized to perform.
(3) "Notary public" and "notary" mean any person
appointed to perform notarial acts in this state.
(4) "Acknowledgment" means a statement by a person
that the person has executed an instrument as the person's free
and voluntary act for the uses and purposes stated therein
and, if the instrument is executed in a representative capacity,
a statement that the person signed the document with proper
authority and executed it as the act of the person or entity represented and identified therein.
(5) "Verification upon oath or affirmation" means a
statement by a person who asserts it to be true and makes the
assertion upon oath or affirmation administered in accordance with chapter 5.28 RCW.
(6) "In a representative capacity" means:
(a) For and on behalf of a corporation, partnership, trust,
or other entity, as an authorized officer, agent, partner,
trustee, or other representative;
(b) As a public officer, personal representative, guardian,
or other representative, in the capacity recited in the instrument;
(c) As an attorney in fact for a principal; or
(d) In any other capacity as an authorized representative
of another.
(7) "Serious crime" means any felony or any lesser
crime, a necessary element of which, as determined by the
statutory or common law definition of such crime, involves
interference with the administration of justice, false swearing, misrepresentation, fraud, the unauthorized practice of
law, deceit, bribery, extortion, misappropriation, theft, or an
attempt, a conspiracy, or the solicitation of another to commit
a serious crime. [1985 c 156 § 1.]
(b) Resides in Washington state, or resides in an adjoining state and is regularly employed in Washington state or
carries on business in Washington state; and
(c) Can read and write English.
(2) Each application shall be accompanied by endorsements by at least three residents of this state of the age of
eighteen or more, who are not relatives of the applicant, in the
following form:
I, (name of endorser) , being a person eligible to
vote in the state of Washington, believe the applicant for a
notary public appointment, (applicant's name) , who is
not related to me, to be a person of integrity and good moral
character and capable of performing notarial acts.
.............................................
(Endorser's signature and address, with date of signing)
(3) Every application for appointment as a notary public shall be accompanied by a fee established by the director by rule.
(4) Every applicant for appointment as a notary public
shall submit an application in a form prescribed by the
director, and shall sign the following declaration in the
presence of a notary public of this state:
Declaration of Applicant
I, (name of applicant) , solemnly swear or affirm
under penalty of perjury that the personal information I
have provided in this application is true, complete, and correct; that I carefully have read the materials provided with
the application describing the duties of a notary public in
and for the state of Washington; and, that I will perform, to
the best of my ability, all notarial acts in accordance with
the law.
.....................
(Signature of applicant)
State of Washington
County of . . . . . . . . . . . . .
On this day . . . . . . . . . appeared before me, signed this
Declaration of Application, and swore (or affirmed) that
(he/she) understood its contents and that its contents are
truthful.
Dated: . . . . . .
.....................
Signature of notary public
(Seal or stamp)
Residing at . . . . . . . . . . .
(5) Every applicant shall submit to the director proof
from a surety company that a ten thousand dollar surety bond,
insuring the proper performance of notarial acts by the applicant, will be effective for a term commencing on the date the
person is appointed, and expiring on the date the applicant's
notary appointment expires. The surety for the bond shall be
a company qualified to write surety bonds in this state. [1985
c 156 § 2.]
42.44.020
42.44.020 Qualifications—Application—Bond. (1)
The director may, upon application, appoint to be a notary
public in this state, any person who:
(a) Is at least eighteen years of age;
[Title 42 RCW—page 76]
42.44.030
42.44.030 Appointment—Denial for unprofessional
conduct—Certificate of appointment. In addition to the
unprofessional conduct specified in RCW 18.235.130, the
(2004 Ed.)
Notaries Public
director may deny appointment as a notary public to any person based on the following conduct, acts, or conditions:
(1) Has had disciplinary action taken against any professional license in this or any other state; or
(2) Has engaged in official misconduct as defined in
RCW 42.44.160(1), whether or not criminal penalties
resulted.
The director shall deliver a certificate evidencing the
appointment to each person appointed as a notary public. The
certificate may be signed in facsimile by the governor, the
secretary of state, and the director or the director's designee.
The certificate must bear a printed seal of the state of Washington. [2002 c 86 § 287; 1985 c 156 § 3.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.050
42.44.050 Seal or stamp. Every person appointed as a
notary public in this state shall procure a seal or stamp, on
which shall be engraved or impressed the words "Notary
Public" and "State of Washington," the date the appointment
expires, the person's surname, and at least the initials of the
person's first and middle names. The director shall prescribe
by rule the size and form or forms of the seal or stamp. It is
unlawful for any person intentionally to manufacture, give,
sell, procure or possess a seal or stamp evidencing the current
appointment of a person as a notary public until the director
has delivered a certificate evidencing the appointment as provided for in *RCW 42.44.040. [1985 c 156 § 5.]
*Reviser's note: RCW 42.44.040 was repealed by 2003 c 199 § 1.
42.44.060
42.44.060 Term. A person appointed as a notary public
by the director may perform notarial acts in this state for a
term of four years, unless:
(1) Disciplinary action has been taken against the notarial appointment, including a shorter term, suspension, or
revocation; or
(2) The notarial appointment has been resigned. [2002 c
86 § 288; 1985 c 156 § 6.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.070
42.44.070 Reappointment without endorsements. A
person who has received an appointment as a notary public
may be reappointed without the endorsements required in
RCW 42.44.020(2) if the person submits a new application
before the expiration date of the current appointment. [1985
c 156 § 7.]
42.44.080
42.44.080 Standards for notarial acts. A notary public is authorized to perform notarial acts in this state. Notarial
acts shall be performed in accordance with the following, as
applicable:
(1) In taking an acknowledgment, a notary public must
determine and certify, either from personal knowledge or
from satisfactory evidence, that the person appearing before
the notary public and making the acknowledgement is the
person whose true signature is on the document.
(2004 Ed.)
42.44.090
(2) In taking an acknowledgment authorized by RCW
64.08.100 from a person physically unable to sign his or her
name or make a mark, a notary public shall, in addition to
other requirements for taking an acknowledgment, determine
and certify from personal knowledge or satisfactory evidence
that the person appearing before the notary public is physically unable to sign his or her name or make a mark and is
otherwise competent. The notary public shall include in the
acknowledgment a statement that the signature in the
acknowledgment was obtained under the authority of RCW
64.08.100.
(3) In taking a verification upon oath or affirmation, a
notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing
before the notary public and making the verification is the
person whose true signature is on the statement verified.
(4) In witnessing or attesting a signature, a notary public
must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person
appearing before the notary public and named in the document.
(5) In certifying or attesting a copy of a document or
other item, a notary public must determine that the proffered
copy is a full, true, and accurate transcription or reproduction
of that which was copied.
(6) In making or noting a protest of a negotiable instrument, a notary public must determine the matters set forth in
*RCW 62A.3-509.
(7) In certifying that an event has occurred or an act has
been performed, a notary public must determine the occurrence or performance either from personal knowledge or
from satisfactory evidence based upon the oath or affirmation
of a credible witness personally known to the notary public.
(8) A notary public has satisfactory evidence that a person is the person described in a document if that person: (a)
Is personally known to the notary public; (b) is identified
upon the oath or affirmation of a credible witness personally
known to the notary public; or (c) is identified on the basis of
identification documents.
(9) The signature and seal or stamp of a notary public are
prima facie evidence that the signature of the notary is genuine and that the person is a notary public.
(10) A notary public is disqualified from performing a
notarial act when the notary is a signer of the document
which is to be notarized. [1987 c 76 § 3; 1985 c 156 § 8.]
*Reviser's note: RCW 62A.3-509 was repealed by 1993 c 229 § 76,
effective July 1, 1994.
42.44.090
42.44.090 Form of certificate—General—Seal or
stamp as exclusive property. (1) A notarial act by a notary
public must be evidenced by a certificate signed and dated by
a notary public. The certificate must include the name of the
jurisdiction in which the notarial act is performed and the title
of the notary public or other notarial officer and shall be
accompanied by an impression of the official seal or stamp. It
shall not be necessary for a notary public in certifying an oath
to be used in any of the courts in this state, to append an
impression of the official seal or stamp. If the notarial officer
is a notary public, the certificate shall also indicate the date of
expiration of such notary public's appointment, but omission
of that information may subsequently be corrected.
[Title 42 RCW—page 77]
42.44.100
Title 42 RCW: Public Officers and Agencies
(2) A certificate of a notarial act is sufficient if it meets
the requirements of subsection (1) of this section and it:
(a) Is in the short form set forth in RCW 42.44.100;
(b) Is in a form otherwise permitted or prescribed by the
laws of this state;
(c) Is in a form prescribed by the laws or regulations
applicable in the place in which the notarial act was performed; or
(d) Is in a form that sets forth the actions of the notary
public and the described actions are sufficient to meet the
requirements of the designated notarial act.
If any law of this state specifically requires a certificate
in a form other than that set forth in RCW 42.44.100 in connection with a form of document or transaction, the certificate required by such law shall be used for such document or
transaction.
(3) By executing a certificate of a notarial act, the notary
public certifies that he or she has made the determinations
required by RCW 42.44.080.
(4) A notary public's seal or stamp shall be the exclusive
property of the notary public, shall not be used by any other
person, and shall not be surrendered to an employer upon termination of employment, regardless of whether the employer
paid for the seal or for the notary's bond or appointment fees.
[1985 c 156 § 9.]
42.44.100
42.44.100 Short forms of certificate. The following
short forms of notarial certificates are sufficient for the purposes indicated, if completed with the information required
by this section:
(1) For an acknowledgment in an individual capacity:
State of Washington
County of . . . . . . . .
I certify that I know or have satisfactory evidence that
(name of person) is the person who appeared before me,
and said person acknowledged that (he/she) signed this
instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument.
Dated: . . . . . . . . . . .
.....................
(Signature)
(Seal or stamp)
.....................
Title
My appointment
expires . . . . . . . . . . . .
(2) For an acknowledgment in a representative capacity:
State of Washington
County of . . . . . . . .
I certify that I know or have satisfactory evidence that
(name of person) is the person who appeared before me,
and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to
execute the instrument and acknowledged it as the (type of
authority, e.g., officer, trustee, etc.) of (name of party on
behalf of whom instrument was executed) to be the free and
[Title 42 RCW—page 78]
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: . . . . . . . . . . .
.....................
(Signature)
(Seal or stamp)
.....................
Title
My appointment
expires . . . . . . . . . . . .
(3) For a verification upon oath or affirmation:
State of Washington
County of . . . . . . . .
Signed and sworn to (or affirmed) before me on
(date) by (name of person making statement) .
.....................
(Signature)
(Seal or stamp)
.....................
Title
My appointment
expires . . . . . . . . . . . .
(4) For witnessing or attesting a signature:
State of Washington
County of . . . . . . . .
Signed or attested before me on . . . . by . . . . . . . . .
.....................
(Signature)
(Seal or stamp)
.....................
Title
My appointment
expires . . . . . . . . . . . .
(5) For attestation of a copy of a document:
State of Washington
County of . . . . . . . .
I certify that this is a true and correct copy of a document
in the possession of . . . . . . as of this date.
Dated: . . . . . . . . . . .
.....................
(Signature)
(Seal or stamp)
.....................
Title
My appointment
expires . . . . . . . . . . . .
(6) For certifying the occurrence of an event or the performance of an act:
State of Washington
County of . . . . . . . .
I certify that the event or act described in this document
has occurred or been performed.
(2004 Ed.)
Notaries Public
Dated: . . . . . . . . . . .
.....................
(Signature)
(Seal or stamp)
.....................
Title
My appointment
expires . . . . . . . . . . . .
[1988 c 69 § 4; 1985 c 156 § 10.]
42.44.110 Illegible writing. The illegibility of any
wording, writing, or marking required under this chapter does
not in and of itself affect the validity of a document or transaction. [1985 c 156 § 11.]
42.44.110
42.44.120
42.44.120 Fees. (1) The director shall establish by rule
the maximum fees that may be charged by notaries public for
various notarial services.
(2) A notary public need not charge fees for notarial acts.
[1985 c 156 § 12.]
42.44.130
42.44.130 Notarial acts by officials of other jurisdictions. (1) A notarial act has the same effect under the law of
this state as if performed by a notary public of this state, if
performed in another state, commonwealth, territory, district,
or possession of the United States by any of the following
persons:
(a) A notary public of that jurisdiction;
(b) A judge, clerk, or deputy clerk of a court of that jurisdiction; or
(c) Any other person authorized by the law of that jurisdiction to perform notarial acts.
Notarial acts performed in other jurisdictions of the
United States under federal authority as provided in RCW
42.44.140 have the same effect as if performed by a notarial
officer of this state.
(2) The signature and title of a person performing a
notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
(3) The signature and title of an officer listed in subsection (1)(a) and (b) of this section conclusively establish the
authority of a holder of that title to perform a notarial act.
[1985 c 156 § 13.]
42.44.140 Notarial acts by federal authorities. (1) A
notarial act has the same effect under the law of this state as
if performed by a notary public of this state if performed by
any of the following persons under authority granted by the
law of the United States:
(a) A judge, clerk, or deputy clerk of a court;
(b) A commissioned officer in active service with the
military forces of the United States;
(c) An officer of the foreign service or consular agent of
the United States; or
(d) Any other person authorized by federal law to perform notarial acts.
(2) The signature and title of a person performing a
notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
42.44.140
(2004 Ed.)
42.44.170
(3) The signature and title or rank of an officer listed in
subsection (1)(a), (b), and (c) of this section conclusively
establish the authority of a holder of that title to perform a
notarial act. [1985 c 156 § 14.]
42.44.150
42.44.150 Notarial acts by foreign authorities. (1) A
notarial act has the same effect under the law of this state as
if performed by a notary public of this state if performed
within the jurisdiction of and under authority of a foreign
nation or its constituent units or a multinational or international organization by any of the following persons:
(a) A notary public or notary;
(b) A judge, clerk, or deputy clerk of a court of record; or
(c) Any other person authorized by the law of that jurisdiction to perform notarial acts.
(2) An "apostille" in the form prescribed by the Hague
Convention of October 5, 1961, conclusively establishes that
the signature of the notarial officer is genuine and that the
officer holds the designated office.
(3) A certificate by a foreign service or consular officer
of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate
by a foreign service or consular officer of that nation stationed in the United States, is prima facie evidence of the
authenticity or validity of the notarial act set forth in the certificate.
(4) A stamp or seal of the person performing the notarial
act is prima facie evidence that the signature is genuine and
that the person holds that designated title.
(5) A stamp or seal of an officer listed in subsection
(1)(a) or (b) of this section is prima facie evidence that a person with that title has authority to perform notarial acts.
(6) If the title of officer and indication of authority to
perform notarial acts appears either in a digest of foreign law
or in a list customarily used as a source for that information,
the authority of an officer with that title to perform notarial
acts is conclusively established. [1985 c 156 § 15.]
42.44.160
42.44.160 Official misconduct—Penalty. (1) A notary
public commits official misconduct when he or she signs a
certificate evidencing a notarial act, knowing that the contents of the certificate are false. Official misconduct also constitutes unprofessional conduct for which disciplinary action
may be taken.
(2) A notary public who commits an act of official misconduct shall be guilty of a gross misdemeanor.
(3) Any person not appointed as a notary public who acts
as or otherwise impersonates a notary public shall be guilty of
a gross misdemeanor. [2002 c 86 § 289; 1985 c 156 § 16.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.170
42.44.170 Revocation of appointment—Resignation.
(1) The director shall revoke the appointment of a notary public upon a judicial finding of incompetency of the notary public. If a notary public is found to be incompetent, his or her
guardian or conservator shall within thirty days of such finding mail or deliver to the director a letter of resignation on
behalf of the notary public.
[Title 42 RCW—page 79]
42.44.180
Title 42 RCW: Public Officers and Agencies
(2) A notary public may voluntarily resign by mailing or
delivering to the director a letter of resignation. [2002 c 86 §
290; 1985 c 156 § 17.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.901 Construction. RCW 42.44.010, 42.44.080,
42.44.090, 42.44.100, 42.44.130, 42.44.140, and 42.44.150
shall be applied and construed to effectuate their general purpose to make the law uniform with respect to the subject of
this chapter among states enacting such sections of this chapter. [1985 c 156 § 23.]
42.44.901
42.44.902
42.44.180
42.44.180 Evidence of authenticity of notarial seal
and signature. (1) The authenticity of the notarial seal and
official signature of a notary public of this state may be evidenced by:
(a) A certificate of authority from the director or the secretary of state; or
(b) An apostille in the form prescribed by the Hague
Convention Abolishing the Requirement of Legalization for
Foreign Public Documents of October 5, 1961.
(2) An apostille as specified by the Hague Convention
shall be attached to any document requiring authentication
that is sent to a nation that has signed and ratified the Hague
Convention Abolishing the Requirement of Legalization for
Foreign Public Documents. [1985 c 156 § 18.]
42.44.190
42.44.190 Rules. The director may adopt rules consistent with this chapter. Such rules shall include but shall not be
limited to rules concerning applications for appointment,
application and renewal fees, fees chargeable for notarial services, the replacement of lost or stolen seals or stamps,
changes of names or addresses of notaries, resignations of
notaries, and issuance of evidences of authenticity of notarial
seals and signatures. [2002 c 86 § 291; 1985 c 156 § 20.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.200
42.44.200 Transfer of records. Records relating to the
appointment and commissioning of notaries public that are in
the custody of county clerks of this state on *the effective
date of this act shall be transferred to the director of licensing
on or before December 31, 1985. Such records may be
archived by the director. [1985 c 156 § 22.]
*Reviser's note: As used in this section, the phrase "the effective date
of this act," is ambiguous; see RCW 42.44.903.
42.44.210
42.44.210 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 292.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
42.44.900
42.44.900 Savings—1985 c 156. Nothing in this act
may be interpreted to revoke any notary public appointment
or commission existing on January 1, 1986. This act does not
terminate, or in any way modify, any liability, civil or criminal, which exists on January 1, 1986. A notarial act performed before January 1, 1986, is not affected by this act.
[1985 c 156 § 21.]
[Title 42 RCW—page 80]
42.44.902 Severability—1985 c 156. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 156 § 24.]
42.44.903 Effective date—1985 c 156. Sections 1
through 19, 21, and 23 through 26 shall take effect on January
1, 1986. [1985 c 156 § 27.]
42.44.903
Chapter 42.48 RCW
RELEASE OF RECORDS FOR RESEARCH
Chapter 42.48
Sections
42.48.010
42.48.020
42.48.030
42.48.040
42.48.050
42.48.060
42.48.900
Definitions.
Access to personal records.
Charge for costs of assistance.
Disclosure by research professional.
Unauthorized disclosure—Penalties.
Exclusions from chapter.
Severability—1985 c 334.
42.48.010
42.48.010 Definitions. For the purposes of this chapter,
the following definitions apply:
(1) "Individually identifiable" means that a record contains information which reveals or can likely be associated
with the identity of the person or persons to whom the record
pertains.
(2) "Legally authorized representative" means a person
legally authorized to give consent for the disclosure of personal records on behalf of a minor or a legally incompetent
adult.
(3) "Personal record" means any information obtained or
maintained by a state agency which refers to a person and
which is declared exempt from public disclosure, confidential, or privileged under state or federal law.
(4) "Research" means a planned and systematic sociological, psychological, epidemiological, biomedical, or other
scientific investigation carried out by a state agency, by a scientific research professional associated with a bona fide scientific research organization, or by a graduate student currently enrolled in an advanced academic degree curriculum,
with an objective to contribute to scientific knowledge, the
solution of social and health problems, or the evaluation of
public benefit and service programs. This definition excludes
methods of record analysis and data collection that are subjective, do not permit replication, and are not designed to
yield reliable and valid results.
(5) "Research record" means an item or grouping of
information obtained for the purpose of research from or
about a person or extracted for the purpose of research from a
personal record.
(6) "State agency" means: (a) The department of social
and health services; (b) the department of corrections; (c) an
institution of higher education as defined in RCW
(2004 Ed.)
Release of Records for Research
28B.10.016; or (d) the department of health. [1989 1st ex.s.
c 9 § 207; 1985 c 334 § 1.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
42.48.020
42.48.020 Access to personal records. (1) A state
agency may authorize or provide access to or provide copies
of an individually identifiable personal record for research
purposes if informed written consent for the disclosure has
been given to the appropriate department secretary, or the
president of the institution, as applicable, or his or her designee, by the person to whom the record pertains or, in the case
of minors and legally incompetent adults, the person's legally
authorized representative.
(2) A state agency may authorize or provide access to or
provide copies of an individually identifiable personal record
for research purposes without the informed consent of the
person to whom the record pertains or the person's legally
authorized representative, only if:
(a) The state agency adopts research review and approval
rules including, but not limited to, the requirement that the
appropriate department secretary, or the president of the institution, as applicable, appoint a standing human research
review board competent to review research proposals as to
ethical and scientific soundness; and the review board determines that the disclosure request has scientific merit and is of
importance in terms of the agency's program concerns, that
the research purposes cannot be reasonably accomplished
without disclosure of the information in individually identifiable form and without waiver of the informed consent of the
person to whom the record pertains or the person's legally
authorized representative, that disclosure risks have been
minimized, and that remaining risks are outweighed by anticipated health, safety, or scientific benefits; and
(b) The disclosure does not violate federal law or regulations; and
(c) The state agency negotiates with the research professional receiving the records or record information a written
and legally binding confidentiality agreement prior to disclosure. The agreement shall:
(i) Establish specific safeguards to assure the continued
confidentiality and security of individually identifiable
records or record information;
(ii) Ensure that the research professional will report or
publish research findings and conclusions in a manner that
does not permit identification of the person whose record was
used for the research. Final research reports or publications
shall not include photographs or other visual representations
contained in personal records;
(iii) Establish that the research professional will destroy
the individual identifiers associated with the records or
record information as soon as the purposes of the research
project have been accomplished and notify the agency to this
effect in writing;
(iv) Prohibit any subsequent disclosure of the records or
record information in individually identifiable form except as
provided in RCW 42.48.040; and
(v) Provide for the signature of the research professional,
of any of the research professional's team members who
require access to the information in identified form, and of
the agency official authorized to approve disclosure of iden(2004 Ed.)
42.48.040
tifiable records or record information for research purposes.
[1985 c 334 § 2.]
42.48.030
42.48.030 Charge for costs of assistance. In addition
to the copying charges provided in RCW 42.17.300, a state
agency may impose a reasonable charge for costs incurred in
providing assistance in the following research activities
involving personal records:
(1) Manual or computer screening of personal records
for scientific sampling purposes according to specifications
provided by the research professional;
(2) Manual or computer extraction of information from a
universe or sample of personal records according to specifications provided by the research professional;
(3) Statistical manipulation or analysis of personal
record information, whether manually or by computer,
according to specifications provided by the research professional.
The charges imposed by the agency may not exceed the
amount necessary to reimburse the agency for its actual costs
in providing requested research assistance. [1985 c 334 § 3.]
42.48.040
42.48.040 Disclosure by research professional. No
research professional who has established an individually
identifiable research record from personal record information
pursuant to RCW 42.48.020(2), or who has established a
research record from data or information voluntarily provided by an agency client or employee under a written confidentiality assurance for the explicit purpose of research, may
disclose such a record in individually identifiable form
unless:
(1) The person to whom the research record pertains or
the person's legally authorized representative has given prior
informed written consent for the disclosure; or
(2) The research professional reasonably believes that
disclosure will prevent or minimize injury to a person and the
disclosure is limited to information necessary to protect the
person who has been or may be injured, and the research professional reports the disclosure only to the person involved or
the person's guardian, the person's physician, and the agency;
or
(3)(a) The research record is disclosed in individually
identifiable form for the purposes of auditing or evaluating a
research program; and
(b) The audit or evaluation is authorized or required by
federal or state law or regulation or is based upon an explicit
provision in a research contract, grant, or other written
research agreement; and
(c) No subsequent disclosure of the research record in
individually identifiable form will be made by the auditor or
evaluator except as provided in this section; or
(4) The research record is furnished in compliance with
a search warrant or court order: PROVIDED, That:
(a) The court issues the search warrant or judicial subpoena concerning the research record solely for the purpose
of facilitating inquiry into an alleged violation of law by the
research professional using the record for a research purpose
or by the agency; and
(b) Any research record obtained pursuant to (a) of this
subsection and any information directly or indirectly derived
[Title 42 RCW—page 81]
42.48.050
Title 42 RCW: Public Officers and Agencies
from the research record shall remain confidential to the
extent possible and shall not be used as evidence in an administrative, judicial, or legislative proceeding except against the
research professional using the record for a research purpose
or against the state agency. [1985 c 334 § 4.]
42.48.050 Unauthorized disclosure—Penalties.
Unauthorized disclosure, whether wilful or negligent, by a
research professional who has obtained an individually identifiable personal record or record information from a state
agency pursuant to RCW 42.48.020(2) is a gross misdemeanor. In addition, violation of any provision of this chapter
by the research professional or the state agency may subject
the research professional or the agency to a civil penalty of
not more than ten thousand dollars for each such violation.
[1985 c 334 § 5.]
42.48.050
42.48.060 Exclusions from chapter. Nothing in this
chapter is applicable to, or in any way affects, the powers and
duties of the state auditor or the joint legislative audit and
review committee. [1996 c 288 § 34; 1985 c 334 § 6.]
42.48.060
42.48.900 Severability—1985 c 334. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 334 § 8.]
42.48.900
Chapter 42.52
Chapter 42.52 RCW
ETHICS IN PUBLIC SERVICE
Sections
42.52.010
42.52.020
42.52.030
42.52.040
42.52.050
42.52.060
42.52.070
42.52.080
42.52.090
42.52.100
42.52.110
42.52.120
42.52.130
42.52.140
42.52.150
42.52.160
42.52.170
42.52.180
42.52.185
42.52.190
42.52.200
42.52.310
42.52.320
42.52.330
42.52.340
42.52.350
42.52.360
42.52.370
42.52.380
42.52.390
42.52.400
42.52.410
42.52.420
42.52.425
42.52.430
42.52.440
42.52.450
Definitions.
Activities incompatible with public duties.
Financial interests in transactions.
Assisting in transactions.
Confidential information—Improperly concealed records.
Testimony of state officers and state employees.
Special privileges.
Employment after public service.
Limited assistance by former state officers and employees.
Conditions on appearance before state agencies or doing business with the state—Hearing—Judicial review.
Compensation for official duties or nonperformance.
Compensation for outside activities.
Honoraria.
Gifts.
Limitations on gifts.
Use of persons, money, or property for private gain.
Giving, paying, loaning, etc., any thing of economic value to
state employee.
Use of public resources for political campaigns.
Restrictions on mailings by legislators.
Investments.
Agency rules.
Legislative ethics board.
Authority of legislative ethics board.
Interpretation.
Transfer of jurisdiction.
Executive ethics board.
Authority of executive ethics board.
Authority of commission on judicial conduct.
Political activities of board members.
Hearing and subpoena authority.
Enforcement of subpoena authority.
Filing complaint.
Investigation.
Dismissal of complaint.
Public hearing—Findings.
Review of order.
Complaint against legislator or statewide elected official.
[Title 42 RCW—page 82]
42.52.460
42.52.470
42.52.480
42.52.490
42.52.500
42.52.510
42.52.520
42.52.530
42.52.540
42.52.550
42.52.800
42.52.801
42.52.802
42.52.810
42.52.820
42.52.900
42.52.901
42.52.902
42.52.903
42.52.904
42.52.905
Citizen actions.
Referral for enforcement.
Action by boards.
Action by attorney general.
Optional hearings by administrative law judge.
Rescission of state action.
Disciplinary action.
Additional investigative authority.
Limitations period.
Compensation of ethics boards.
Exemptions—Solicitation for state capitol historic furnishings
and preservation and restoration of state legislative building.
Exemption—Solicitation to promote tourism.
Exemption—Solicitation for oral history, state library, and
archives account.
Solicitation for the legislative international trade account—
Report.
Solicitation for hosting national legislative association conference.
Legislative declaration.
Liberal construction.
Parts and captions not law—1994 c 154.
Serving on board, committee, or commission not prevented.
Effective date—1994 c 154.
Severability—1994 c 154.
42.52.010
42.52.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agency" means any state board, commission,
bureau, committee, department, institution, division, or tribunal in the legislative, executive, or judicial branch of state
government. "Agency" includes all elective offices, the state
legislature, those institutions of higher education created and
supported by the state government, and those courts that are
parts of state government.
(2) "Head of agency" means the chief executive officer
of an agency. In the case of an agency headed by a commission, board, committee, or other body consisting of more than
one natural person, agency head means the person or board
authorized to appoint agency employees and regulate their
conduct.
(3) "Assist" means to act, or offer or agree to act, in such
a way as to help, aid, advise, furnish information to, or otherwise provide assistance to another person, believing that the
action is of help, aid, advice, or assistance to the person and
with intent so to assist such person.
(4) "Beneficial interest" has the meaning ascribed to it
under the Washington case law. However, an ownership
interest in a mutual fund or similar investment pooling fund
in which the owner has no management powers does not constitute a beneficial interest in the entities in which the fund or
pool invests.
(5) "Compensation" means anything of economic value,
however designated, that is paid, loaned, granted, or transferred, or to be paid, loaned, granted, or transferred for, or in
consideration of, personal services to any person.
(6) "Confidential information" means (a) specific information, rather than generalized knowledge, that is not available to the general public on request or (b) information made
confidential by law.
(7) "Contract" or "grant" means an agreement between
two or more persons that creates an obligation to do or not to
do a particular thing. "Contract" or "grant" includes, but is
not limited to, an employment contract, a lease, a license, a
purchase agreement, or a sales agreement.
(2004 Ed.)
Ethics in Public Service
(8) "Ethics boards" means the commission on judicial
conduct, the legislative ethics board, and the executive ethics
board.
(9) "Family" has the same meaning as "immediate family" in RCW 42.17.020.
(10) "Gift" means anything of economic value for which
no consideration is given. "Gift" does not include:
(a) Items from family members or friends where it is
clear beyond a reasonable doubt that the gift was not made as
part of any design to gain or maintain influence in the agency
of which the recipient is an officer or employee;
(b) Items related to the outside business of the recipient
that are customary and not related to the recipient's performance of official duties;
(c) Items exchanged among officials and employees or a
social event hosted or sponsored by a state officer or state
employee for coworkers;
(d) Payments by a governmental or nongovernmental
entity of reasonable expenses incurred in connection with a
speech, presentation, appearance, or trade mission made in an
official capacity. As used in this subsection, "reasonable
expenses" are limited to travel, lodging, and subsistence
expenses incurred the day before through the day after the
event;
(e) Items a state officer or state employee is authorized
by law to accept;
(f) Payment of enrollment and course fees and reasonable travel expenses attributable to attending seminars and
educational programs sponsored by a bona fide governmental
or nonprofit professional, educational, trade, or charitable
association or institution. As used in this subsection, "reasonable expenses" are limited to travel, lodging, and subsistence
expenses incurred the day before through the day after the
event;
(g) Items returned by the recipient to the donor within
thirty days of receipt or donated to a charitable organization
within thirty days of receipt;
(h) Campaign contributions reported under chapter
42.17 RCW;
(i) Discounts available to an individual as a member of
an employee group, occupation, or similar broad-based
group; and
(j) Awards, prizes, scholarships, or other items provided
in recognition of academic or scientific achievement.
(11) "Honorarium" means money or thing of value
offered to a state officer or state employee for a speech,
appearance, article, or similar item or activity in connection
with the state officer's or state employee's official role.
(12) "Official duty" means those duties within the specific scope of employment of the state officer or state
employee as defined by the officer's or employee's agency or
by statute or the state Constitution.
(13) "Participate" means to participate in state action or a
proceeding personally and substantially as a state officer or
state employee, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or otherwise but does not include preparation, consideration, or
enactment of legislation or the performance of legislative
duties.
(2004 Ed.)
42.52.010
(14) "Person" means any individual, partnership, association, corporation, firm, institution, or other entity, whether
or not operated for profit.
(15) "Regulatory agency" means any state board, commission, department, or officer, except those in the legislative
or judicial branches, authorized by law to conduct adjudicative proceedings, issue permits or licenses, or to control or
affect interests of identified persons.
(16) "Responsibility" in connection with a transaction
involving the state, means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or through subordinates, effectively to approve,
disapprove, or otherwise direct state action in respect of such
transaction.
(17) "State action" means any action on the part of an
agency, including, but not limited to:
(a) A decision, determination, finding, ruling, or order;
and
(b) A grant, payment, award, license, contract, transaction, sanction, or approval, or the denial thereof, or failure to
act with respect to a decision, determination, finding, ruling,
or order.
(18) "State officer" means every person holding a position of public trust in or under an executive, legislative, or
judicial office of the state. "State officer" includes judges of
the superior court, judges of the court of appeals, justices of
the supreme court, members of the legislature together with
the secretary of the senate and the chief clerk of the house of
representatives, holders of elective offices in the executive
branch of state government, chief executive officers of state
agencies, members of boards, commissions, or committees
with authority over one or more state agencies or institutions,
and employees of the state who are engaged in supervisory,
policy-making, or policy-enforcing work. For the purposes of
this chapter, "state officer" also includes any person exercising or undertaking to exercise the powers or functions of a
state officer.
(19) "State employee" means an individual who is
employed by an agency in any branch of state government.
For purposes of this chapter, employees of the superior courts
are not state officers or state employees.
(20) "Thing of economic value," in addition to its ordinary meaning, includes:
(a) A loan, property interest, interest in a contract or
other chose in action, and employment or another arrangement involving a right to compensation;
(b) An option, irrespective of the conditions to the exercise of the option; and
(c) A promise or undertaking for the present or future
delivery or procurement.
(21)(a) "Transaction involving the state" means a proceeding, application, submission, request for a ruling or other
determination, contract, claim, case, or other similar matter
that the state officer, state employee, or former state officer or
state employee in question believes, or has reason to believe:
(i) Is, or will be, the subject of state action; or
(ii) Is one to which the state is or will be a party; or
(iii) Is one in which the state has a direct and substantial
proprietary interest.
(b) "Transaction involving the state" does not include the
following: Preparation, consideration, or enactment of legis[Title 42 RCW—page 83]
42.52.020
Title 42 RCW: Public Officers and Agencies
lation, including appropriation of moneys in a budget, or the
performance of legislative duties by an officer or employee;
or a claim, case, lawsuit, or similar matter if the officer or
employee did not participate in the underlying transaction
involving the state that is the basis for the claim, case, or lawsuit. [1998 c 7 § 1; 1996 c 213 § 1; 1994 c 154 § 101.]
42.52.020
42.52.020 Activities incompatible with public duties.
No state officer or state employee may have an interest,
financial or otherwise, direct or indirect, or engage in a business or transaction or professional activity, or incur an obligation of any nature, that is in conflict with the proper discharge of the state officer's or state employee's official duties.
[1996 c 213 § 2; 1994 c 154 § 102.]
42.52.030
42.52.030 Financial interests in transactions. (1) No
state officer or state employee, except as provided in subsections (2) and (3) of this section, may be beneficially interested, directly or indirectly, in a contract, sale, lease, purchase, or grant that may be made by, through, or is under the
supervision of the officer or employee, in whole or in part, or
accept, directly or indirectly, any compensation, gratuity, or
reward from any other person beneficially interested in the
contract, sale, lease, purchase, or grant.
(2) No officer or employee of an institution of higher
education or of the Spokane intercollegiate research and technology institute, except as provided in subsection (3) of this
section, may be beneficially interested, directly or indirectly,
in a contract or grant that may be made by, through, or is
under the supervision of the officer or employee, in whole or
in part, or accept, directly or indirectly, any compensation,
gratuity, or reward from any other person beneficially interested in the contract or grant, unless the institution of higher
education or the Spokane intercollegiate research and technology institute has in effect a written administrative process
to identify and manage, reduce, or eliminate conflicting interests with respect to such transactions as adopted pursuant to
the national science investigator financial disclosure (GPM
510) 1995 and the public health service regulations, 42
C.F.R. Part 50 and 45 C.F.R. Subtitle A as each of those regulations existed on June 6, 1996, and the state employee or
state officer has complied with such policy.
(3) No state officer or state employee may participate in
a transaction involving the state in his or her official capacity
with a person of which the officer or employee is an officer,
agent, employee, or member, or in which the officer or
employee owns a beneficial interest, except that an officer or
employee of an institution of higher education or the Spokane
intercollegiate research and technology institute may serve as
an officer, agent, employee, or member, or on the board of
directors, board of trustees, advisory board, or committee or
review panel for any nonprofit institute, foundation, or fundraising entity; and may serve as a member of an advisory
board, committee, or review panel for a governmental or
other nonprofit entity. [1996 c 213 § 3; 1994 c 154 § 103.]
42.52.040
42.52.040 Assisting in transactions. (1) Except in the
course of official duties or incident to official duties, no state
officer or state employee may assist another person, directly
[Title 42 RCW—page 84]
or indirectly, whether or not for compensation, in a transaction involving the state:
(a) In which the state officer or state employee has at any
time participated; or
(b) If the transaction involving the state is or has been
under the official responsibility of the state officer or state
employee within a period of two years preceding such assistance.
(2) No state officer or state employee may share in compensation received by another for assistance that the officer
or employee is prohibited from providing under subsection
(1) or (3) of this section.
(3) A business entity of which a state officer or state
employee is a partner, managing officer, or employee shall
not assist another person in a transaction involving the state if
the state officer or state employee is prohibited from doing so
by subsection (1) of this section.
(4) This chapter does not prevent a state officer or state
employee from assisting, in a transaction involving the state:
(a) The state officer's or state employee's parent, spouse,
or child, or a child thereof for whom the officer or employee
is serving as guardian, executor, administrator, trustee, or
other personal fiduciary, if the state officer or state employee
did not participate in the transaction; or
(b) Another state employee involved in disciplinary or
other personnel administration proceedings. [1994 c 154 §
104.]
42.52.050
42.52.050 Confidential information—Improperly
concealed records. (1) No state officer or state employee
may accept employment or engage in any business or professional activity that the officer or employee might reasonably
expect would require or induce him or her to make an unauthorized disclosure of confidential information acquired by
the official or employee by reason of the official's or
employee's official position.
(2) No state officer or state employee may make a disclosure of confidential information gained by reason of the
officer's or employee's official position or otherwise use the
information for his or her personal gain or benefit or the gain
or benefit of another, unless the disclosure has been authorized by statute or by the terms of a contract involving (a) the
state officer's or state employee's agency and (b) the person
or persons who have authority to waive the confidentiality of
the information.
(3) No state officer or state employee may disclose confidential information to any person not entitled or authorized
to receive the information.
(4) No state officer or state employee may intentionally
conceal a record if the officer or employee knew the record
was required to be released under chapter 42.17 RCW, was
under a personal obligation to release the record, and failed to
do so. This subsection does not apply where the decision to
withhold the record was made in good faith. [1996 c 213 § 4;
1994 c 154 § 105.]
42.52.060
42.52.060 Testimony of state officers and state
employees. This chapter does not prevent a state officer or
state employee from giving testimony under oath or from
(2004 Ed.)
Ethics in Public Service
making statements required to be made under penalty of perjury or contempt. [1994 c 154 § 106.]
42.52.070
42.52.070 Special privileges. Except as required to perform duties within the scope of employment, no state officer
or state employee may use his or her position to secure special privileges or exemptions for himself or herself, or his or
her spouse, child, parents, or other persons. [1994 c 154 §
107.]
42.52.080
42.52.080 Employment after public service. (1) No
former state officer or state employee may, within a period of
one year from the date of termination of state employment,
accept employment or receive compensation from an
employer if:
(a) The officer or employee, during the two years immediately preceding termination of state employment, was
engaged in the negotiation or administration on behalf of the
state or agency of one or more contracts with that employer
and was in a position to make discretionary decisions affecting the outcome of such negotiation or the nature of such
administration;
(b) Such a contract or contracts have a total value of
more than ten thousand dollars; and
(c) The duties of the employment with the employer or
the activities for which the compensation would be received
include fulfilling or implementing, in whole or in part, the
provisions of such a contract or contracts or include the
supervision or control of actions taken to fulfill or implement,
in whole or in part, the provisions of such a contract or contracts. This subsection shall not be construed to prohibit a
state officer or state employee from accepting employment
with a state employee organization.
(2) No person who has served as a state officer or state
employee may, within a period of two years following the
termination of state employment, have a direct or indirect
beneficial interest in a contract or grant that was expressly
authorized or funded by specific legislative or executive
action in which the former state officer or state employee participated.
(3) No former state officer or state employee may accept
an offer of employment or receive compensation from an
employer if the officer or employee knows or has reason to
believe that the offer of employment or compensation was
intended, in whole or in part, directly or indirectly, to influence the officer or employee or as compensation or reward
for the performance or nonperformance of a duty by the
officer or employee during the course of state employment.
(4) No former state officer or state employee may accept
an offer of employment or receive compensation from an
employer if the circumstances would lead a reasonable person to believe the offer has been made, or compensation
given, for the purpose of influencing the performance or nonperformance of duties by the officer or employee during the
course of state employment.
(5) No former state officer or state employee may at any
time subsequent to his or her state employment assist another
person, whether or not for compensation, in any transaction
involving the state in which the former state officer or state
employee at any time participated during state employment.
(2004 Ed.)
42.52.110
This subsection shall not be construed to prohibit any
employee or officer of a state employee organization from
rendering assistance to state officers or state employees in the
course of employee organization business.
(6) As used in this section, "employer" means a person as
defined in RCW 42.52.010 or any other entity or business
that the person owns or in which the person has a controlling
interest. For purposes of subsection (1) of this section, the
term "employer" does not include a successor organization to
the rural development council under chapter 43.31 RCW.
[1999 c 299 § 3; 1994 c 154 § 108.]
42.52.090
42.52.090 Limited assistance by former state officers
and employees. This chapter shall not be construed to prevent a former state officer or state employee from rendering
assistance to others if the assistance is provided without compensation in any form and is limited to one or more of the following:
(1) Providing the names, addresses, and telephone numbers of state agencies or state employees;
(2) Providing free transportation to another for the purpose of conducting business with a state agency;
(3) Assisting a natural person or nonprofit corporation in
obtaining or completing application forms or other forms
required by a state agency for the conduct of a state business;
or
(4) Providing assistance to the poor and infirm. [1994 c
154 § 109.]
42.52.100
42.52.100 Conditions on appearance before state
agencies or doing business with the state—Hearing—
Judicial review. (1) The head of an agency, upon finding
that any former state officer or state employee of such agency
or any other person has violated any provision of this chapter
or rules adopted under it, may, in addition to any other powers the head of such agency may have, bar or impose reasonable conditions upon:
(a) The appearance before such agency of such former
state officer or state employee or other person; and
(b) The conduct of, or negotiation or competition for,
business with such agency by such former state officer or
state employee or other person, such period of time as may
reasonably be necessary or appropriate to effectuate the purposes of this chapter.
(2) Findings of violations referred to in subsection (1)(b)
of this section shall be made on record after notice and hearing, conducted in accordance with the Washington Administrative Procedure Act, chapter 34.05 RCW. Such findings and
orders are subject to judicial review.
(3) This section does not apply to the legislative or judicial branches of government. [1994 c 154 § 110; 1969 ex.s. c
234 § 27. Formerly RCW 42.18.270.]
42.52.110
42.52.110 Compensation for official duties or nonperformance. No state officer or state employee may,
directly or indirectly, ask for or give or receive or agree to
receive any compensation, gift, reward, or gratuity from a
source for performing or omitting or deferring the performance of any official duty, unless otherwise authorized by
law except: (1) The state of Washington; or (2) in the case of
[Title 42 RCW—page 85]
42.52.120
Title 42 RCW: Public Officers and Agencies
officers or employees of institutions of higher education or of
the Spokane intercollegiate research and technology institute,
a governmental entity, an agency or instrumentality of a governmental entity, or a nonprofit corporation organized for the
benefit and support of the state employee's agency or other
state agencies pursuant to an agreement with the state
employee's agency. [1996 c 213 § 5; 1994 c 154 § 111.]
42.52.120
42.52.120 Compensation for outside activities. (1) No
state officer or state employee may receive any thing of economic value under any contract or grant outside of his or her
official duties. The prohibition in this subsection does not
apply where the state officer or state employee has complied
with RCW 42.52.030(2) or each of the following conditions
are met:
(a) The contract or grant is bona fide and actually performed;
(b) The performance or administration of the contract or
grant is not within the course of the officer's or employee's
official duties, or is not under the officer's or employee's official supervision;
(c) The performance of the contract or grant is not prohibited by RCW 42.52.040 or by applicable laws or rules
governing outside employment for the officer or employee;
(d) The contract or grant is neither performed for nor
compensated by any person from whom such officer or
employee would be prohibited by RCW 42.52.150(4) from
receiving a gift;
(e) The contract or grant is not one expressly created or
authorized by the officer or employee in his or her official
capacity;
(f) The contract or grant would not require unauthorized
disclosure of confidential information.
(2) In addition to satisfying the requirements of subsection (1) of this section, a state officer or state employee may
have a beneficial interest in a grant or contract or a series of
substantially identical contracts or grants with a state agency
only if:
(a) The contract or grant is awarded or issued as a result
of an open and competitive bidding process in which more
than one bid or grant application was received; or
(b) The contract or grant is awarded or issued as a result
of an open and competitive bidding or selection process in
which the officer's or employee's bid or proposal was the only
bid or proposal received and the officer or employee has been
advised by the appropriate ethics board, before execution of
the contract or grant, that the contract or grant would not be
in conflict with the proper discharge of the officer's or
employee's official duties; or
(c) The process for awarding the contract or issuing the
grant is not open and competitive, but the officer or employee
has been advised by the appropriate ethics board that the contract or grant would not be in conflict with the proper discharge of the officer's or employee's official duties.
(3) A state officer or state employee awarded a contract
or issued a grant in compliance with subsection (2) of this
section shall file the contract or grant with the appropriate
ethics board within thirty days after the date of execution;
however, if proprietary formulae, designs, drawings, or
research are included in the contract or grant, the proprietary
[Title 42 RCW—page 86]
formulae, designs, drawings, or research may be deleted from
the contract or grant filed with the appropriate ethics board.
(4) This section does not prevent a state officer or state
employee from receiving compensation contributed from the
treasury of the United States, another state, county, or municipality if the compensation is received pursuant to arrangements entered into between such state, county, municipality,
or the United States and the officer's or employee's agency.
This section does not prohibit a state officer or state
employee from serving or performing any duties under an
employment contract with a governmental entity.
(5) As used in this section, "officer" and "employee" do
not include officers and employees who, in accordance with
the terms of their employment or appointment, are serving
without compensation from the state of Washington or are
receiving from the state only reimbursement of expenses
incurred or a predetermined allowance for such expenses.
[1997 c 318 § 1; 1996 c 213 § 6; 1994 c 154 § 112.]
42.52.130
42.52.130 Honoraria. (1) No state officer or state
employee may receive honoraria unless specifically authorized by the agency where they serve as state officer or state
employee.
(2) An agency may not permit honoraria under the following circumstances:
(a) The person offering the honorarium is seeking or is
reasonably expected to seek contractual relations with or a
grant from the employer of the state officer or state
employee, and the officer or employee is in a position to participate in the terms or the award of the contract or grant;
(b) The person offering the honorarium is regulated by
the employer of the state officer or state employee and the
officer or employee is in a position to participate in the regulation; or
(c) The person offering the honorarium (i) is seeking or
opposing or is reasonably likely to seek or oppose enactment
of legislation or adoption of administrative rules or actions,
or policy changes by the state officer's or state employee's
agency; and (ii) the officer or employee may participate in the
enactment or adoption. [1994 c 154 § 113.]
42.52.140
42.52.140 Gifts. No state officer or state employee may
receive, accept, take, seek, or solicit, directly or indirectly,
any thing of economic value as a gift, gratuity, or favor from
a person if it could be reasonably expected that the gift, gratuity, or favor would influence the vote, action, or judgment
of the officer or employee, or be considered as part of a
reward for action or inaction. [1994 c 154 § 114.]
42.52.150
42.52.150 Limitations on gifts. (1) No state officer or
state employee may accept gifts, other than those specified in
subsections (2) and (5) of this section, with an aggregate
value in excess of fifty dollars from a single source in a calendar year or a single gift from multiple sources with a value
in excess of fifty dollars. For purposes of this section, "single
source" means any person, as defined in RCW 42.52.010,
whether acting directly or through any agent or other intermediary, and "single gift" includes any event, item, or group
of items used in conjunction with each other or any trip
including transportation, lodging, and attendant costs, not
(2004 Ed.)
Ethics in Public Service
excluded from the definition of gift under RCW 42.52.010.
The value of gifts given to an officer's or employee's family
member or guest shall be attributed to the official or
employee for the purpose of determining whether the limit
has been exceeded, unless an independent business, family,
or social relationship exists between the donor and the family
member or guest.
(2) Except as provided in subsection (4) of this section,
the following items are presumed not to influence under
RCW 42.52.140, and may be accepted without regard to the
limit established by subsection (1) of this section:
(a) Unsolicited flowers, plants, and floral arrangements;
(b) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
(c) Unsolicited tokens or awards of appreciation in the
form of a plaque, trophy, desk item, wall memento, or similar
item;
(d) Unsolicited items received by a state officer or state
employee for the purpose of evaluation or review, if the
officer or employee has no personal beneficial interest in the
eventual use or acquisition of the item by the officer's or
employee's agency;
(e) Informational material, publications, or subscriptions
related to the recipient's performance of official duties;
(f) Food and beverages consumed at hosted receptions
where attendance is related to the state officer's or state
employee's official duties;
(g) Gifts, grants, conveyances, bequests, and devises of
real or personal property, or both, in trust or otherwise
accepted and solicited for deposit in the legislative international trade account created in RCW 44.04.270;
(h) Gifts, grants, conveyances, bequests, and devises of
real or personal property, or both, in trust or otherwise
accepted and solicited for the purpose of promoting the
expansion of tourism as provided for in RCW 43.330.090;
(i) Gifts, grants, conveyances, bequests, and devises of
real or personal property, or both, solicited on behalf of a
national legislative association or host committee for the purpose of hosting an official conference under the circumstances specified in RCW 42.52.820. Anything solicited or
accepted may only be received by the national association or
host committee and may not be commingled with any funds
or accounts that are the property of any person;
(j) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic,
charitable, governmental, or community organization; and
(k) Unsolicited gifts from dignitaries from another state
or a foreign country that are intended to be personal in nature.
(3) The presumption in subsection (2) of this section is
rebuttable and may be overcome based on the circumstances
surrounding the giving and acceptance of the item.
(4) Notwithstanding subsections (2) and (5) of this section, a state officer or state employee of a regulatory agency
or of an agency that seeks to acquire goods or services who
participates in those regulatory or contractual matters may
receive, accept, take, or seek, directly or indirectly, only the
following items from a person regulated by the agency or
from a person who seeks to provide goods or services to the
agency:
(a) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;
(2004 Ed.)
42.52.170
(b) Unsolicited tokens or awards of appreciation in the
form of a plaque, trophy, desk item, wall memento, or similar
item;
(c) Unsolicited items received by a state officer or state
employee for the purpose of evaluation or review, if the
officer or employee has no personal beneficial interest in the
eventual use or acquisition of the item by the officer's or
employee's agency;
(d) Informational material, publications, or subscriptions
related to the recipient's performance of official duties;
(e) Food and beverages consumed at hosted receptions
where attendance is related to the state officer's or state
employee's official duties;
(f) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic,
charitable, governmental, or community organization; and
(g) Those items excluded from the definition of gift in
RCW 42.52.010 except:
(i) Payments by a governmental or nongovernmental
entity of reasonable expenses incurred in connection with a
speech, presentation, appearance, or trade mission made in an
official capacity;
(ii) Payments for seminars and educational programs
sponsored by a bona fide governmental or nonprofit professional, educational, trade, or charitable association or institution; and
(iii) Flowers, plants, and floral arrangements.
(5) A state officer or state employee may accept gifts in
the form of food and beverage on infrequent occasions in the
ordinary course of meals where attendance by the officer or
employee is related to the performance of official duties.
Gifts in the form of food and beverage that exceed fifty dollars on a single occasion shall be reported as provided in
chapter 42.17 RCW. [2003 1st sp.s. c 23 § 2. Prior: 2003 c
265 § 3; 2003 c 153 § 6; 1998 c 7 § 2; 1994 c 154 § 115.]
Findings—2003 c 153: See note following RCW 43.330.090.
42.52.160
42.52.160 Use of persons, money, or property for private gain. (1) No state officer or state employee may employ
or use any person, money, or property under the officer's or
employee's official control or direction, or in his or her official custody, for the private benefit or gain of the officer,
employee, or another.
(2) This section does not prohibit the use of public
resources to benefit others as part of a state officer's or state
employee's official duties.
(3) The appropriate ethics boards may adopt rules providing exceptions to this section for occasional use of the
state officer or state employee, of de minimis cost and value,
if the activity does not result in interference with the proper
performance of public duties. [1996 c 213 § 7; 1994 c 154 §
116; 1987 c 426 § 3. Formerly RCW 42.18.217.]
42.52.170
42.52.170 Giving, paying, loaning, etc., any thing of
economic value to state employee. No person shall give,
pay, loan, transfer, or deliver, directly or indirectly, to any
other person any thing of economic value believing or having
reason to believe that there exist circumstances making the
receipt thereof a violation of RCW 42.52.040, 42.52.110,
[Title 42 RCW—page 87]
42.52.180
Title 42 RCW: Public Officers and Agencies
42.52.120, 42.52.140, or 42.52.150. [1994 c 154 § 117; 1987
c 426 § 5; 1969 ex.s. c 234 § 23. Formerly RCW 42.18.230.]
42.52.180
42.52.180 Use of public resources for political campaigns. (1) No state officer or state employee may use or
authorize the use of facilities of an agency, directly or indirectly, for the purpose of assisting a campaign for election of
a person to an office or for the promotion of or opposition to
a ballot proposition. Knowing acquiescence by a person with
authority to direct, control, or influence the actions of the
state officer or state employee using public resources in violation of this section constitutes a violation of this section.
Facilities of an agency include, but are not limited to, use of
stationery, postage, machines, and equipment, use of state
employees of the agency during working hours, vehicles,
office space, publications of the agency, and clientele lists of
persons served by the agency.
(2) This section shall not apply to the following activities:
(a) Action taken at an open public meeting by members
of an elected legislative body to express a collective decision,
or to actually vote upon a motion, proposal, resolution, order,
or ordinance, or to support or oppose a ballot proposition as
long as (i) required notice of the meeting includes the title
and number of the ballot proposition, and (ii) members of the
legislative body or members of the public are afforded an
approximately equal opportunity for the expression of an
opposing view;
(b) A statement by an elected official in support of or in
opposition to any ballot proposition at an open press conference or in response to a specific inquiry. For the purposes of
this subsection, it is not a violation of this section for an
elected official to respond to an inquiry regarding a ballot
proposition, to make incidental remarks concerning a ballot
proposition in an official communication, or otherwise comment on a ballot proposition without an actual, measurable
expenditure of public funds. The ethics boards shall adopt by
rule a definition of measurable expenditure;
(c) Activities that are part of the normal and regular conduct of the office or agency; and
(d) De minimis use of public facilities by statewide
elected officials and legislators incidental to the preparation
or delivery of permissible communications, including written
and verbal communications initiated by them of their views
on ballot propositions that foreseeably may affect a matter
that falls within their constitutional or statutory responsibilities.
(3) As to state officers and employees, this section operates to the exclusion of RCW 42.17.130. [1995 c 397 § 30;
1994 c 154 § 118.]
Effective date—Captions—Severability—1995 c 397: See RCW
42.17.960 through 42.17.962.
42.52.185
42.52.185 Restrictions on mailings by legislators. (1)
During the twelve-month period beginning on December 1st
of the year before a general election for a state legislator's
election to office and continuing through November 30th
immediately after the general election, the legislator may not
mail, either by regular mail or electronic mail, to a constituent
at public expense a letter, newsletter, brochure, or other piece
of literature, except as follows:
[Title 42 RCW—page 88]
(a) The legislator may mail two mailings of newsletters
to constituents. All newsletters within each mailing of newsletters must be identical as to their content but not as to the
constituent name or address. One such mailing may be
mailed no later than thirty days after the start of a regular legislative session, except that a legislator appointed during a
regular legislative session to fill a vacant seat may have up to
thirty days from the date of appointment to send out the first
mailing. The other mailing may be mailed no later than sixty
days after the end of a regular legislative session.
(b) The legislator may mail an individual letter to (i) an
individual constituent who has contacted the legislator
regarding the subject matter of the letter during the legislator's current term of office; (ii) an individual constituent who
holds a governmental office with jurisdiction over the subject
matter of the letter; or (iii) an individual constituent who has
received an award or honor of extraordinary distinction of a
type that is sufficiently infrequent to be noteworthy to a reasonable person, including, but not limited to: (A) An international or national award such as the Nobel prize or the
Pulitzer prize; (B) a state award such as Washington scholar;
(C) an Eagle Scout award; and (D) a Medal of Honor.
(2) For purposes of subsection (1) of this section, "legislator" means a legislator who is a "candidate," as defined by
RCW 42.17.020, for any public office.
(3) A violation of this section constitutes use of the facilities of a public office for the purpose of assisting a campaign
under RCW 42.52.180.
(4) The house of representatives and senate shall specifically limit expenditures per member for the total cost of
mailings. Those costs include, but are not limited to, production costs, printing costs, and postage costs. The limits
imposed under this subsection apply only to the total expenditures on mailings per member and not to any categorical
cost within the total.
(5) For purposes of this section, persons residing outside
the legislative district represented by the legislator are not
considered to be constituents, but students, military personnel, or others temporarily employed outside of the district
who normally reside in the district are considered to be constituents. [1997 c 320 § 1; 1995 c 397 § 5; 1993 c 2 § 25 (Initiative Measure No. 134, approved November 3, 1992). Formerly RCW 42.17.132.]
42.52.190 Investments. (1) Except for permissible
investments as defined in this section, no state officer or state
employee of any agency responsible for the investment of
funds, who acts in a decision-making, advisory, or policyinfluencing capacity with respect to investments, may have a
direct or indirect interest in any property, security, equity, or
debt instrument of a person, without prior written approval of
the agency.
(2) Agencies responsible for the investment of funds
shall adopt policies governing approval of investments and
establishing criteria to be considered in the approval process.
Criteria shall include the relationship between the proposed
investment and investments held or under consideration by
the state, the size and timing of the proposed investment,
access by the state officer or state employee to nonpublic
information relative to the proposed investment, and the
availability of the investment in the public market. Agencies
42.52.190
(2004 Ed.)
Ethics in Public Service
responsible for the investment of funds also shall adopt policies consistent with this chapter governing use by their officers and employees of financial information acquired by virtue
of their state positions. A violation of such policies adopted
to implement this subsection shall constitute a violation of
this chapter.
(3) As used in this section, "permissible investments"
means any mutual fund, deposit account, certificate of
deposit, or money market fund maintained with a bank, broker, or other financial institution, a security publicly traded in
an organized market if the interest in the security at acquisition is ten thousand dollars or less, or an interest in real estate,
except if the real estate interest is in or with a party in whom
the agency holds an investment. [1994 c 154 § 119.]
42.52.200
42.52.200 Agency rules. (1) Each agency may adopt
rules consistent with law, for use within the agency to protect
against violations of this chapter.
(2) Each agency proposing to adopt rules under this section shall forward the rules to the appropriate ethics board
before they may take effect. The board may submit comments to the agency regarding the proposed rules. [1994 c
154 § 120.]
42.52.310
42.52.310 Legislative ethics board. (1) The legislative
ethics board is created, composed of nine members, selected
as follows:
(a) Two senators, one from each of the two largest caucuses, appointed by the president of the senate;
(b) Two members of the house of representatives, one
from each of the two largest caucuses, appointed by the
speaker of the house of representatives;
(c) Five citizen members:
(i) One citizen member chosen by the governor from a
list of three individuals submitted by each of the four legislative caucuses; and
(ii) One citizen member selected by three of the four
other citizen members of the legislative ethics board.
(2) Except for initial members and members completing
partial terms, nonlegislative members shall serve a single
five-year term.
(3) No more than three of the public members may be
identified with the same political party.
(4) Terms of initial nonlegislative board members shall
be staggered as follows: One member shall be appointed to a
one-year term; one member shall be appointed to a two-year
term; one member shall be appointed to a three-year term;
one member shall be appointed to a four-year term; and one
member shall be appointed for a five-year term.
(5) A vacancy on the board shall be filled in the same
manner as the original appointment.
(6) Legislative members shall serve two-year terms,
from January 31st of an odd-numbered year until January
31st of the next odd-numbered year.
(7) Each member shall serve for the term of his or her
appointment and until his or her successor is appointed.
(8) The citizen members shall annually select a chair
from among themselves. [1994 c 154 § 201.]
(2004 Ed.)
42.52.340
42.52.320
42.52.320 Authority of legislative ethics board. (1)
The legislative ethics board shall enforce this chapter and
rules adopted under it with respect to members and employees of the legislature.
(2) The legislative ethics board shall:
(a) Develop educational materials and training with
regard to legislative ethics for legislators and legislative
employees;
(b) Issue advisory opinions;
(c) Adopt rules or policies governing the conduct of
business by the board, and adopt rules defining working
hours for purposes of RCW 42.52.180 and where otherwise
authorized under chapter 154, Laws of 1994;
(d) Investigate, hear, and determine complaints by any
person or on its own motion;
(e) Impose sanctions including reprimands and monetary
penalties;
(f) Recommend suspension or removal to the appropriate
legislative entity, or recommend prosecution to the appropriate authority; and
(g) Establish criteria regarding the levels of civil penalties appropriate for different types of violations of this chapter and rules adopted under it.
(3) The board may:
(a) Issue subpoenas for the attendance and testimony of
witnesses and the production of documentary evidence relating to any matter under examination by the board or involved
in any hearing;
(b) Administer oaths and affirmations;
(c) Examine witnesses; and
(d) Receive evidence.
(4) Subject to RCW 42.52.540, the board has jurisdiction
over any alleged violation that occurred before January 1,
1995, and that was within the jurisdiction of any of the boards
established under *chapter 44.60 RCW. The board's jurisdiction with respect to any such alleged violation shall be based
on the statutes and rules in effect at [the] time of the violation.
[1994 c 154 § 202.]
*Reviser's note: Chapter 44.60 RCW was repealed by 1994 c 154 §
304, effective January 1, 1995.
42.52.330
42.52.330 Interpretation. By constitutional design, the
legislature consists of citizen-legislators who bring to bear on
the legislative process their individual experience and expertise. The provisions of this chapter shall be interpreted in
light of this constitutional principle. [1994 c 154 § 203.]
42.52.340
42.52.340 Transfer of jurisdiction. On January 1,
1995, any complaints or other matters under investigation or
consideration by the boards of legislative ethics in the house
of representatives and the senate operating pursuant to *chapter 44.60 RCW shall be transferred to the legislative ethics
board created by RCW 42.52.310. All files, including but not
limited to minutes of meetings, investigative files, records of
proceedings, exhibits, and expense records, shall be transferred to the legislative ethics board created in RCW
42.52.310 pursuant to their direction and the legislative ethics
board created in RCW 42.52.310 shall assume full jurisdiction over all pending complaints, investigations, and proceedings. [1994 c 154 § 204.]
[Title 42 RCW—page 89]
42.52.350
Title 42 RCW: Public Officers and Agencies
*Reviser's note: Chapter 44.60 RCW was repealed by 1994 c 154 §
304, effective January 1, 1995.
42.52.350
42.52.350 Executive ethics board. (1) The executive
ethics board is created, composed of five members, appointed
by the governor as follows:
(a) One member shall be a classified service employee as
defined in chapter 41.06 RCW;
(b) One member shall be a state officer or state employee
in an exempt position;
(c) One member shall be a citizen selected from a list of
three names submitted by the attorney general;
(d) One member shall be a citizen selected from a list of
three names submitted by the state auditor; and
(e) One member shall be a citizen selected at large by the
governor.
(2) Except for initial members and members completing
partial terms, members shall serve a single five-year term.
(3) No more than three members may be identified with
the same political party.
(4) Terms of initial board members shall be staggered as
follows: One member shall be appointed to a one-year term;
one member shall be appointed to a two-year term; one member shall be appointed to a three-year term; one member shall
be appointed to a four-year term; and one member shall be
appointed to a five-year term.
(5) A vacancy on the board shall be filled in the same
manner as the original appointment.
(6) Each member shall serve for the term of his or her
appointment and until his or her successor is appointed.
(7) The members shall annually select a chair from
among themselves.
(8) Staff shall be provided by the office of the attorney
general. [1994 c 154 § 205.]
42.52.360
42.52.360 Authority of executive ethics board. (1)
The executive ethics board shall enforce this chapter and
rules adopted under it with respect to statewide elected officers and all other officers and employees in the executive
branch, boards and commissions, and institutions of higher
education.
(2) The executive ethics board shall:
(a) Develop educational materials and training;
(b) Adopt rules and policies governing the conduct of
business by the board, and adopt rules defining working
hours for purposes of RCW 42.52.180 and where otherwise
authorized under chapter 154, Laws of 1994;
(c) Issue advisory opinions;
(d) Investigate, hear, and determine complaints by any
person or on its own motion;
(e) Impose sanctions including reprimands and monetary
penalties;
(f) Recommend to the appropriate authorities suspension, removal from position, prosecution, or other appropriate remedy; and
(g) Establish criteria regarding the levels of civil penalties appropriate for violations of this chapter and rules
adopted under it.
(3) The board may:
(a) Issue subpoenas for the attendance and testimony of
witnesses and the production of documentary evidence relat[Title 42 RCW—page 90]
ing to any matter under examination by the board or involved
in any hearing;
(b) Administer oaths and affirmations;
(c) Examine witnesses; and
(d) Receive evidence.
(4) The executive ethics board may review and approve
agency policies as provided for in this chapter.
(5) This section does not apply to state officers and state
employees of the judicial branch. [1994 c 154 § 206.]
42.52.370
42.52.370 Authority of commission on judicial conduct. The commission on judicial conduct shall enforce this
chapter and rules adopted under it with respect to state officers and employees of the judicial branch and may do so
according to procedures prescribed in Article IV, section 31
of the state Constitution. In addition to the sanctions authorized in Article IV, section 31 of the state Constitution, the
commission may impose sanctions authorized by this chapter. [1994 c 154 § 207.]
42.52.380
42.52.380 Political activities of board members. (1)
No member of the executive ethics board may (a) hold or
campaign for partisan elective office other than the position
of precinct committeeperson, or any full-time nonpartisan
office; (b) be an officer of any political party or political committee as defined in chapter 42.17 RCW other than the position of precinct committeeperson; (c) permit his or her name
to be used, or make contributions, in support of or in opposition to any state candidate or state ballot measure; or (d)
lobby or control, direct, or assist a lobbyist except that such
member may appear before any committee of the legislature
on matters pertaining to this chapter.
(2) No citizen member of the legislative ethics board
may (a) hold or campaign for partisan elective office other
than the position of precinct committeeperson, or any fulltime nonpartisan office; (b) be an officer of any political
party or political committee as defined in chapter 42.17
RCW, other than the position of precinct committeeperson;
(c) permit his or her name to be used, or make contributions,
in support of or in opposition to any legislative candidate, any
legislative caucus campaign committee that supports or
opposes legislative candidates, or any political action committee that supports or opposes legislative candidates; or (d)
engage in lobbying in the legislative branch under circumstances not exempt, under RCW 42.17.160, from lobbyist
registration and reporting.
(3) No citizen member of the legislative ethics board
may hold or campaign for a seat in the state house of representatives or the state senate within two years of serving on
the board if the citizen member opposes an incumbent who
has been the respondent in a complaint before the board.
[1997 c 11 § 1; 1994 c 154 § 208.]
42.52.390
42.52.390 Hearing and subpoena authority. Except
as otherwise provided by law, the ethics boards may hold
hearings, subpoena witnesses, compel their attendance,
administer oaths, take the testimony of a person under oath,
and in connection therewith, to require the production for
examination of any books or papers relating to any matter
under investigation or in question before the ethics board.
(2004 Ed.)
Ethics in Public Service
The ethics board may make rules as to the issuance of subpoenas by individual members, as to service of complaints,
decisions, orders, recommendations, and other process or
papers of the ethics board. [1994 c 154 § 209.]
42.52.400
42.52.400 Enforcement of subpoena authority. In
case of refusal to obey a subpoena issued to a person, the
superior court of a county within the jurisdiction of which the
investigation, proceeding, or hearing under this chapter is
carried on or within the jurisdiction of which the person
refusing to obey is found or resides or transacts business,
upon application by the appropriate ethics board shall have
jurisdiction to issue to the person an order requiring the person to appear before the ethics board or its member to produce evidence if so ordered, or to give testimony touching the
matter under investigation or in question. Failure to obey
such order of the court may be punished by the court as contempt. [1994 c 154 § 210.]
42.52.450
circumstances, further proceedings would not serve the purposes of this chapter.
(2) Written notice of the determination under subsection
(1) of this section shall be provided to the complainant,
respondent, and the board. The written notice to the complainant shall include a statement of the complainant's right
to appeal to the board under subsection (3) of this section.
(3) In the event that a complaint is dismissed under this
section, the complainant may request that the board review
the action. Following review, the board shall:
(a) Affirm the staff dismissal;
(b) Direct the staff to conduct further investigation; or
(c) Issue a determination that there is reasonable cause to
believe that a violation has been or is being committed.
(4) The board's decision under subsection (3) of this section shall be reduced to writing and provided to the complainant and the respondent. [2000 c 211 § 2.]
42.52.430
42.52.410
42.52.410 Filing complaint. (1) A person may, personally or by his or her attorney, make, sign, and file with the
appropriate ethics board a complaint on a form provided by
the appropriate ethics board. The complaint shall state the
name of the person alleged to have violated this chapter or
rules adopted under it and the particulars thereof, and contain
such other information as may be required by the appropriate
ethics board.
(2) If it has reason to believe that any person has been
engaged or is engaging in a violation of this chapter or rules
adopted under it, an ethics board may issue a complaint.
[1994 c 154 § 211.]
42.52.420
42.52.420 Investigation. (1) After the filing of any
complaint, except as provided in RCW 42.52.450, the staff of
the appropriate ethics board shall investigate the complaint.
The investigation shall be limited to the allegations contained
in the complaint.
(2) The results of the investigation shall be reduced to
writing and the staff shall either make a determination that
the complaint should be dismissed pursuant to RCW
42.52.425, or recommend to the board that there is or that
there is not reasonable cause to believe that a violation of this
chapter or rules adopted under it has been or is being committed.
(3) The board's determination on reasonable cause shall
be provided to the complainant and to the person named in
such complaint. [2000 c 211 § 1; 1994 c 154 § 212.]
42.52.430 Public hearing—Findings. (1) If the ethics
board determines there is reasonable cause under RCW
42.52.420 that a violation of this chapter or rules adopted
under it occurred, a public hearing on the merits of the complaint shall be held.
(2) The ethics board shall designate the location of the
hearing. The case in support of the complaint shall be presented at the hearing by staff of the ethics board.
(3) The respondent shall file a written answer to the complaint and appear at the hearing in person or otherwise, with
or without counsel, and submit testimony and be fully heard.
The respondent has the right to cross-examine witnesses.
(4) Testimony taken at the hearing shall be under oath
and recorded.
(5) If, based upon a preponderance of the evidence, the
ethics board finds that the respondent has violated this chapter or rules adopted under it, the board shall file an order stating findings of fact and enforcement action as authorized
under this chapter.
(6) If, upon all the evidence, the ethics board finds that
the respondent has not engaged in an alleged violation of this
chapter or rules adopted under it, the ethics board shall state
findings of fact and shall similarly issue and file an order dismissing the complaint.
(7) If the board makes a determination that there is not
reasonable cause to believe that a violation has been or is
being committed or has made a finding under subsection (6)
of this section, the attorney general shall represent the officer
or employee in any action subsequently commenced based on
the alleged facts in the complaint. [1994 c 154 § 213.]
42.52.425
42.52.425 Dismissal of complaint. (1) Based on the
investigation conducted under RCW 42.52.420, and subject
to rules issued by each board, the staff of the appropriate ethics board may issue an order of dismissal based on any of the
following findings:
(a) Any violation that may have occurred is not within
the jurisdiction of the board;
(b) The complaint is obviously unfounded or frivolous;
or
(c) Any violation that may have occurred does not constitute a material violation because it was inadvertent and
minor, or has been cured, and, after consideration of all of the
(2004 Ed.)
42.52.440
42.52.440 Review of order. Except as otherwise provided by law, reconsideration or judicial review of an ethics
board's order that a violation of this chapter or rules adopted
under it has occurred shall be governed by the provisions of
chapter 34.05 RCW applicable to review of adjudicative proceedings. [1994 c 154 § 214.]
42.52.450
42.52.450 Complaint against legislator or statewide
elected official. (1) If a complaint alleges a violation of
RCW 42.52.180 by a legislator or statewide elected official
other than the attorney general, the attorney general shall
[Title 42 RCW—page 91]
42.52.460
Title 42 RCW: Public Officers and Agencies
conduct the investigation under RCW 42.52.420 and recommend action to the appropriate ethics board.
(2) If a complaint alleges a violation of RCW 42.52.180
by the attorney general, the state auditor shall conduct the
investigation under RCW 42.52.420 and recommend action
to the appropriate ethics board. [1994 c 154 § 215.]
42.52.460
42.52.460 Citizen actions. Any person who has notified the appropriate ethics board and the attorney general in
writing that there is reason to believe that RCW 42.52.180 is
being or has been violated may, in the name of the state, bring
a citizen action for any of the actions authorized under this
chapter. A citizen action may be brought only if the appropriate ethics board or the attorney general have failed to commence an action under this chapter within forty-five days
after notice from the person, the person has thereafter notified
the appropriate ethics board and the attorney general that the
person will commence a citizen's action within ten days upon
their failure to commence an action, and the appropriate ethics board and the attorney general have in fact failed to bring
an action within ten days of receipt of the second notice.
If the person who brings the citizen's action prevails, the
judgment awarded shall escheat to the state, but the person
shall be entitled to be reimbursed by the state of Washington
for costs and attorneys' fees incurred. If a citizen's action that
the court finds was brought without reasonable cause is dismissed, the court may order the person commencing the
action to pay all costs of trial and reasonable attorneys' fees
incurred by the defendant.
Upon commencement of a citizen action under this section, at the request of a state officer or state employee who is
a defendant, the office of the attorney general shall represent
the defendant if the attorney general finds that the defendant's
conduct complied with this chapter and was within the scope
of employment. [1994 c 154 § 216.]
(2) Damages under this section may be enforced in the
same manner as a judgment in a civil case. [1994 c 154 §
218.]
42.52.490
42.52.490 Action by attorney general. (1) Upon a
written determination by the attorney general that the action
of an ethics board was clearly erroneous or if requested by an
ethics board, the attorney general may bring a civil action in
the superior court of the county in which the violation is
alleged to have occurred against a state officer, state
employee, former state officer, former state employee, or
other person who has violated or knowingly assisted another
person in violating any of the provisions of this chapter or the
rules adopted under it. In such action the attorney general
may recover the following amounts on behalf of the state of
Washington:
(a) Any damages sustained by the state that are caused
by the conduct constituting the violation;
(b) From each such person, a civil penalty of up to five
thousand dollars per violation or three times the economic
value of any thing received or sought in violation of this
chapter or the rules adopted under it, whichever is greater;
and
(c) Costs, including reasonable investigative costs,
which shall be included as part of the limit under (b) of this
subsection. The costs may not exceed the penalty imposed.
The payment owed on the penalty shall be reduced by the
amount of the costs paid.
(2) In any civil action brought by the attorney general
upon the basis that the attorney general has determined that
the board's action was clearly erroneous, the court shall not
proceed with the action unless the attorney general has first
shown, and the court has found, that the action of the board
was clearly erroneous. [1994 c 154 § 219.]
42.52.500
42.52.470
42.52.470 Referral for enforcement. As appropriate,
an ethics board may refer a complaint:
(1) To an agency for initial investigation and proposed
resolution which shall be referred back to the appropriate ethics board for action; or
(2) To the attorney general's office or prosecutor for
appropriate action. [1994 c 154 § 217.]
42.52.480
42.52.480 Action by boards. (1) Except as otherwise
provided by law, an ethics board may order payment of the
following amounts if it finds a violation of this chapter or
rules adopted under it after a hearing under RCW 42.52.370
or other applicable law:
(a) Any damages sustained by the state that are caused
by the conduct constituting the violation;
(b) From each such person, a civil penalty of up to five
thousand dollars per violation or three times the economic
value of any thing received or sought in violation of this
chapter or rules adopted under it, whichever is greater; and
(c) Costs, including reasonable investigative costs,
which shall be included as part of the limit under (b) of this
subsection. The costs may not exceed the penalty imposed.
The payment owed on the penalty shall be reduced by the
amount of the costs paid.
[Title 42 RCW—page 92]
42.52.500 Optional hearings by administrative law
judge. If an ethics board finds that there is reasonable cause
to believe that a violation has occurred, the board shall consider the possibility of the alleged violator having to pay a
total amount of penalty and costs of more than five hundred
dollars. Based on such consideration, the board may give the
person who is the subject of the complaint the option to have
an administrative law judge conduct the hearing and rule on
procedural and evidentiary matters. The board may also, on
its own initiative, provide for retaining an administrative law
judge. An ethics board may not require total payment of more
than five hundred dollars in penalty and costs in any case
where an administrative law judge is not used and the board
did not give such option to the person who is the subject of
the complaint. [1994 c 154 § 220.]
42.52.510
42.52.510 Rescission of state action. (1) The attorney
general may, on request of the governor or the appropriate
agency, and in addition to other available rights of rescission,
bring an action in the superior court of Thurston county to
cancel or rescind state action taken by a state officer or state
employee, without liability to the state of Washington, contractual or otherwise, if the governor or ethics board has reason to believe that: (a) A violation of this chapter or rules
adopted under it has substantially influenced the state action,
(2004 Ed.)
Ethics in Public Service
and (b) the interest of the state requires the cancellation or
rescission. The governor may suspend state action pending
the determination of the merits of the controversy under this
section. The court may permit persons affected by the governor's actions to post an adequate bond pending such resolution to ensure compliance by the defendant with the final
judgment, decree, or other order of the court.
(2) This section does not limit other available remedies.
[1994 c 154 § 221.]
42.52.900
assisting a nonprofit foundation established for the purposes
of RCW 27.48.050, state officers and state employees are
exempt from the laws of this chapter. [2002 c 167 § 3; 1999
c 343 § 4.]
Findings—Effective date—2002 c 167: See notes following RCW
27.48.050.
Findings—Purpose—1999 c 343: See note following RCW
27.48.040.
42.52.801
42.52.520
42.52.520 Disciplinary action. (1) A violation of this
chapter or rules adopted under it is grounds for disciplinary
action.
(2) The procedures for any such action shall correspond
to those applicable for disciplinary action for employee misconduct generally; for those state officers and state employees not specifically exempted in chapter 41.06 RCW, the
rules set forth in chapter 41.06 RCW shall apply. Any action
against the state officer or state employee shall be subject to
judicial review to the extent provided by law for disciplinary
action for misconduct of state officers and state employees of
the same category and grade. [1994 c 154 § 222; 1969 ex.s.
c 234 § 26. Formerly RCW 42.18.260.]
42.52.801 Exemption—Solicitation to promote tourism. When soliciting charitable gifts, grants, or donations
solely for the purposes of promoting the expansion of tourism
as provided for in RCW 43.330.090, state officers and state
employees are presumed not to be in violation of the solicitation and receipt of gift provisions in RCW 42.52.140. [2003
c 153 § 5.]
Findings—2003 c 153: See note following RCW 43.330.090.
42.52.802
42.52.802 Exemption—Solicitation for oral history,
state library, and archives account. This chapter does not
prohibit the secretary of state or a designee from soliciting
and accepting contributions to the oral history, state library,
and archives account created in RCW 43.07.380. [2003 c
164 § 4.]
42.52.530
42.52.530 Additional investigative authority. In addition to other authority under this chapter, the attorney general
may investigate persons not under the jurisdiction of an ethics board whom the attorney general has reason to believe
were involved in transactions in violation of this chapter or
rules adopted under it. [1994 c 154 § 223.]
42.52.540
42.52.540 Limitations period. Any action taken under
this chapter must be commenced within five years from the
date of the violation. However, if it is shown that the violation was not discovered because of concealment by the person charged, then the action must be commenced within two
years from the date the violation was discovered or reasonably should have been discovered: (1) By any person with
direct or indirect supervisory responsibilities over the person
who allegedly committed the violation; or (2) if no person has
direct or indirect supervisory authority over the person who
committed the violation, by the appropriate ethics board.
[1994 c 154 § 224.]
42.52.810
42.52.810 Solicitation for the legislative international
trade account—Report. (1) When soliciting charitable
gifts, grants, or donations solely for the legislative international trade account created in RCW 44.04.270, the president
of the senate is presumed not to be in violation of the solicitation and receipt of gift provisions in RCW 42.52.140.
(2) When soliciting charitable gifts, grants, or donations
solely for the legislative international trade account created in
RCW 44.04.270, state officers and state employees are presumed not to be in violation of the solicitation and receipt of
gift provisions in RCW 42.52.140.
(3) An annual report of the legislative international trade
account activities, including a list of receipts and expenditures, shall be published by the president of the senate and
submitted to the house of representatives and the senate and
be a public record for the purposes of RCW 42.17.260. [2003
c 265 § 2.]
42.52.820
42.52.550
42.52.550 Compensation of ethics boards. The citizen
members of the legislative ethics board and the members of
the executive ethics board shall be compensated as provided
in RCW 43.03.250 and reimbursed for travel expenses as
provided in RCW 43.03.050 and 43.03.060. Legislator members of the legislative ethics board shall be reimbursed as provided in RCW 44.04.120. [1994 c 154 § 227.]
42.52.800
42.52.800 Exemptions—Solicitation for state capitol
historic furnishings and preservation and restoration of
state legislative building. (1) When soliciting charitable
gifts, grants, or donations solely for the limited purposes of
RCW 27.48.040, members of the capitol furnishings preservation committee are exempt from the laws of this chapter.
(2) When soliciting charitable gifts, grants, or donations
solely for the limited purposes of RCW 27.48.050 or when
(2004 Ed.)
42.52.820 Solicitation for hosting national legislative
association conference. When soliciting gifts, grants, or
donations to host an official conference within the state of
Washington of a national legislative association as approved
by both the chief clerk and the secretary of the senate, designated legislative officials and designated legislative employees are presumed not to be in violation of the solicitation and
receipt of gift provisions in this chapter. For the purposes of
this section, any legislative association must include among
its membership the Washington state legislature or individual
legislators or legislative staff. [2003 1st sp.s. c 23 § 1.]
42.52.900
42.52.900 Legislative declaration. Government
derives its powers from the people. Ethics in government are
the foundation on which the structure of government rests.
State officials and employees of government hold a public
trust that obligates them, in a special way, to honesty and
[Title 42 RCW—page 93]
42.52.901
Title 42 RCW: Public Officers and Agencies
integrity in fulfilling the responsibilities to which they are
elected and appointed. Paramount in that trust is the principle
that public office, whether elected or appointed, may not be
used for personal gain or private advantage.
The citizens of the state expect all state officials and
employees to perform their public responsibilities in accordance with the highest ethical and moral standards and to
conduct the business of the state only in a manner that
advances the public's interest. State officials and employees
are subject to the sanctions of law and scrutiny of the media;
ultimately, however, they are accountable to the people and
must consider this public accountability as a particular obligation of the public service. Only when affairs of government
are conducted, at all levels, with openness as provided by law
and an unswerving commitment to the public good does government work as it should.
The obligations of government rest equally on the state's
citizenry. The effectiveness of government depends, fundamentally, on the confidence citizens can have in the judgments and decisions of their elected representatives. Citizens,
therefore, should honor and respect the principles and the
spirit of representative democracy, recognizing that both
elected and appointed officials, together with state employees, seek to carry out their public duties with professional
skill and dedication to the public interest. Such service merits
public recognition and support.
All who have the privilege of working for the people of
Washington state can have but one aim: To give the highest
public service to its citizens. [1994 c 154 § 1.]
42.52.901
42.52.901 Liberal construction. This chapter shall be
construed liberally to effectuate its purposes and policy and
to supplement existing laws as may relate to the same subject.
[1994 c 154 § 301.]
42.52.902
42.52.902 Parts and captions not law—1994 c 154.
Parts and captions used in this act do not constitute any part
of the law. [1994 c 154 § 302.]
42.52.903
42.52.903 Serving on board, committee, or commission not prevented. Nothing in this chapter shall be interpreted to prevent a member of a board, committee, advisory
commission, or other body required or permitted by statute to
be appointed from any identifiable group or interest, from
serving on such body in accordance with the intent of the legislature in establishing such body. [1969 ex.s. c 234 § 33.
Formerly RCW 42.18.330.]
42.52.904
42.52.904 Effective date—1994 c 154. Sections 101
through 121, 203, 204, 207 through 224, and 301 through 317
of this act shall take effect January 1, 1995. [1994 c 154 §
319.]
42.52.905
42.52.905 Severability—1994 c 154. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1994 c 154 § 320.]
[Title 42 RCW—page 94]
(2004 Ed.)
Title 43
Chapters
43.01
43.03
43.04
43.05
43.06
43.06A
43.07
43.08
43.09
43.10
43.12
43.17
43.19
43.19A
43.20
43.20A
43.20B
43.21A
43.21B
43.21C
43.21E
43.21F
43.21G
43.21H
43.21I
43.21J
43.21K
43.21L
43.22
43.23
43.24
43.27A
43.30
43.31
43.31A
43.31C
43.32
43.33
43.33A
43.34
43.37
43.41
43.42
43.43
43.46
43.52
43.52A
43.56
43.58
43.59
(2004 Ed.)
Title 43
STATE GOVERNMENT—EXECUTIVE
State officers—General provisions.
Salaries and expenses.
Use of state seal.
Technical assistance programs.
Governor.
Office of the family and children's ombudsman.
Secretary of state.
State treasurer.
State auditor.
Attorney general.
Commissioner of public lands.
Administrative departments and agencies—
General provisions.
Department of general administration.
Recycled product procurement.
State board of health.
Department of social and health services.
Revenue recovery for department of social and
health services.
Department of ecology.
Environmental hearings office—Pollution control hearings board.
State environmental policy.
Grass burning research advisory committee.
State energy office.
Energy supply emergencies, alerts.
State economic policy.
Oil spill prevention program.
Environmental and forest restoration projects.
Environmental excellence program agreements.
Economic development projects—Appeals and
reviews of permit decisions.
Department of labor and industries.
Department of agriculture.
Department of licensing.
Water resources.
Department of natural resources.
Department of community, trade, and economic development.
Economic assistance act of 1972.
Community empowerment zones.
County roads design standards.
State finance committee.
State investment board.
Capitol committee.
Weather modification.
Office of financial management.
Office of regulatory assistance.
Washington state patrol.
Arts commission.
Operating agencies.
Electric power and conservation planning
council—State's members.
Uniform legislation commission.
Washington-Oregon boundary commission.
Traffic safety commission.
43.60A
43.61
43.62
43.63A
43.63B
43.70
43.72
43.75
43.78
43.79
43.79A
43.80
43.81
43.82
43.83
43.83A
43.83B
43.83C
43.83D
43.83F
43.83H
43.83I
43.84
43.85
43.86A
43.88
43.88A
43.88C
43.89
43.92
43.96B
43.97
43.99A
43.99B
43.99C
43.99D
43.99E
43.99F
43.99G
43.99H
43.99I
43.99J
Department of veterans affairs.
Veterans' rehabilitation council.
Determination of populations—Student enrollments.
Department of community, trade, and economic development.
Mobile and manufactured home installation.
Department of health.
Health system reform—Health services commission.
State building authority—Indebtedness—
Refunding—Bond issue.
Public printer—Public printing.
State funds.
Treasurer's trust fund.
Fiscal agencies.
State-owned living facilities.
State agency housing.
Capital improvements.
Waste disposal facilities bond issue.
Water supply facilities.
Recreation improvements bond issue.
Social and health services facilities 1972 bond
issue.
Capitol facilities revenue bonds, 1969—East
capitol site bonds, 1969.
Social and health services facilities—Bond
issues.
Department of fisheries—Bond issues.
Investments and interfund loans.
State depositaries.
Surplus funds—Investment program.
State budgeting, accounting, and reporting
system.
Legislative fiscal notes.
Caseload forecast council.
Teletypewriter communications network.
Geological survey.
Expo '74—Bond issue.
Columbia River Gorge Compact.
Outdoor recreational areas and facilities—
1967 bond act (Referendum 18).
Outdoor recreational areas and facilities—
Bond issues.
Handicapped facilities bond issue (Referendum 37).
Water supply facilities—1979 bond issue.
Water supply facilities—1980 bond issue (Referendum 38).
Waste disposal facilities—1980 bond issue
(Referendum 39).
Bonds for capital projects.
Financing for appropriations—1989-1991
biennium.
Financing for appropriations—1991-1993
biennium.
Financing for appropriations—1993-1995
biennium.
[Title 43 RCW—page 1]
Chapter 43.01
43.99K
Title 43 RCW: State Government—Executive
Financing for appropriations—1995-1997
biennium.
43.99L
Financing for appropriations—1997-1999
biennium.
43.99M Bond retirement accounts.
43.99N
Stadium and exhibition center bond issue (Referendum 48).
43.99P
Financing for appropriations—1999-2001
biennium.
43.99Q Financing for appropriations—2001-2003
biennium.
43.99R
Financing for appropriations—2003-2005
biennium.
43.101
Criminal justice training commission—Education and training standards boards.
43.103
Washington state forensic investigations council.
43.105
Department of information services.
43.110
Municipal research council.
43.113
Commission on African-American affairs.
43.115
State commission on Hispanic affairs.
43.117
State commission on Asian Pacific American
affairs.
43.121
Council for the prevention of child abuse and
neglect.
43.126
Geographic names.
43.130
Economic impact act—Closing of state facilities.
43.131
Washington sunset act of 1977.
43.132
Fiscal impact of proposed legislation on political subdivisions.
43.133
Washington sunrise act.
43.135
State expenditures limitations.
43.136
Termination of tax preferences.
43.140
Geothermal energy.
43.143
Ocean resources management act.
43.145
Northwest interstate compact on low-level
radioactive waste management.
43.146
Pacific states agreement on radioactive material transportation management.
43.147
Pacific Northwest economic region agreement.
43.150
Center for volunteerism and citizen service.
43.155
Public works projects.
43.157
Industrial projects of statewide significance.
43.160
Economic development—Public facilities loans
and grants.
43.162
Economic development commission.
43.163
Economic development finance authority.
43.165
Community revitalization team—Assistance to
distressed areas.
43.168
Washington state development loan fund committee.
43.170
Small business innovators' opportunity program.
43.172
Minority and women-owned businesses—
Small business bonding assistance program.
43.176
Small business incubator program.
43.180
Housing finance commission.
43.185
Housing assistance program.
43.185A Affordable housing program.
43.185B Washington housing policy act.
43.190
Long-term care ombudsman program.
43.200
Radioactive waste act.
43.205
High-level nuclear waste repository siting.
43.210
Small business export finance assistance center.
[Title 43 RCW—page 2]
43.211
43.220
43.235
43.250
43.270
43.280
43.290
43.300
43.310
43.320
43.330
43.332
43.340
43.950
211 information system.
Washington conservation corps.
Domestic violence fatality review panels.
Investment of local government funds.
Community mobilization against substance
abuse.
Community treatment services for victims of
sex offenders.
Office of international relations and protocol.
Department of fish and wildlife.
Youth gangs.
Department of financial institutions.
Department of community, trade, and economic development.
Office of the Washington state trade representative.
Tobacco settlement authority.
Construction.
Bar association, Washington state: Chapter 2.48 RCW.
Discrimination, human rights commission: Chapter 49.60 RCW.
Education, board of: Chapter 28A.305 RCW.
Employment security department: Chapter 50.08 RCW.
Energy facility site evaluation council: RCW 80.50.030.
Fish and wildlife commission: Title 77 RCW.
Fish and wildlife department: Chapter 77.04 RCW.
Horse racing commission: Chapter 67.16 RCW.
Infractions: Chapter 7.84 RCW.
Insurance commissioner: RCW 48.02.010.
Liquor control board: Chapter 66.08 RCW.
Personnel, department of: RCW 41.06.030.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public employment relations commission: Chapter 41.56 RCW.
Radiation control agency: RCW 70.98.050 through 70.98.200.
Retirement systems, department of: Chapter 41.50 RCW.
Transportation, department of: Chapter 47.01 RCW.
Utilities and transportation commission: Chapter 80.01 RCW.
Vital statistics bureau: State Constitution Art. 20 § 1.
Chapter 43.01 RCW
STATE OFFICERS—GENERAL PROVISIONS
Chapter 43.01
Sections
43.01.010
43.01.020
43.01.035
43.01.040
43.01.041
43.01.042
43.01.043
43.01.044
43.01.045
43.01.047
43.01.050
43.01.060
43.01.070
43.01.072
43.01.073
43.01.074
Terms of office.
Oath of office.
Reports—Periods to be covered.
Vacations—Computation and accrual—Transfer—Statement
of necessity required for extension of unused leave.
Accrued vacation leave—Payment upon termination of
employment.
Vacations—State institutions of higher learning.
Vacations—Rules and regulations.
Vacations—Accumulation of leave in excess of thirty days
authorized without statement of necessity—Requirements of
statement of necessity.
Vacations—Provisions not applicable to officers and employees of state convention and trade center.
Vacations—Provisions not applicable to individual providers.
Daily remittance of moneys to treasury—Undistributed
receipts account—Use.
Daily remittance of moneys to treasury—Treasurer's duty on
default.
Daily remittance of moneys to treasury—Liability of officers
for noncompliance.
Refund of fees or other payments collected by state.
Refund of fees or other payments collected by state—Voucher.
Refund of fees or other payments collected by state—Warrant.
(2004 Ed.)
State Officers—General Provisions
43.01.075
43.01.090
43.01.091
43.01.100
43.01.120
43.01.125
43.01.150
43.01.160
43.01.200
43.01.210
43.01.215
43.01.220
43.01.225
43.01.230
43.01.235
43.01.236
43.01.240
Refund of fees or other payments collected by state—Limitation where amount is two dollars or less.
Departments to share occupancy costs—Capital projects surcharge.
Departments to share debt service costs.
Application forms—Employment—Licenses—Mention of
race or religion prohibited—Penalty.
Accidental death and dismemberment coverage during aircraft
flights for state officers, employees, and legislators.
Duty to identify employees whose performance warrants termination from employment.
Power to employ or appoint personnel not to include authority
to provide state owned or leased motor vehicle.
State publications to be in gender-neutral terms—Exception—
Effect of noncompliance.
Facilitating recovery from Mt. St. Helens eruption—Legislative findings—Purpose.
Facilitating recovery from Mt. St. Helens eruption—Scope of
state agency action.
Facilitating recovery from Mt. St. Helens eruption—Precedence of court proceedings under RCW 43.01.210—Finality
of order under RCW 8.04.070—Appeal.
Commute trip reduction—Parking revenue—Definitions.
Commute trip reduction—Parking revenue—State vehicle
parking account.
Commute trip reduction—Use of public funds.
Commute trip reduction—Higher education institutions—
Exemption.
Commute trip reduction—Institutions of higher education—
Exemption.
State agency parking account—Parking rental fees—
Employee parking, limitations.
Abolition of certain offices by legislature: State Constitution Art. 3 § 25.
Accounts, falsifying: RCW 42.20.070.
Actions against, defense by state: RCW 4.92.060, 4.92.070, 4.92.090
through 4.92.160, 10.01.150.
43.01.020
Mileage allowance: RCW 43.03.060.
Military leaves of absence: RCW 38.40.060.
Misappropriation of funds or property: RCW 40.16.020, 42.20.070,
42.20.090.
Misconduct of public officers: Chapter 42.20 RCW.
Misfeasance in office: RCW 42.20.100.
Neglect of duty: RCW 42.20.100.
Office hours, state officers: RCW 42.04.060.
Passes, acceptance and use prohibited: State Constitution Art. 2 § 39, Art.
12 § 20.
Performing duties without authority: RCW 42.20.030.
Postage, periodicals, purchase by governmental agencies, payment: RCW
42.24.035.
Privileged communications: RCW 5.60.060.
Purchasing, acceptance of benefits or gifts by state officers prohibited:
RCW 42.20.020, 43.19.1937.
Qualifications: State Constitution Art. 3 § 25; RCW 42.04.020.
Quo warranto proceedings: Chapter 7.56 RCW.
Recall of elective officers: State Constitution Art. 1 § 33.
Records and documents, destroying, falsifying, misappropriation: RCW
40.16.020, 42.20.040.
Records to be kept at seat of government: State Constitution Art. 3 § 24.
Refusing to pay over money received: RCW 42.20.070.
Residence requirement during term: State Constitution Art. 3 § 24.
Resignations, to whom made: RCW 42.12.020.
Retirement system, state employees: Chapter 41.40 RCW.
Boards and commissions, termination: RCW 43.41.220.
Salaries and expenses: Chapter 43.03 RCW.
Bribery: State Constitution Art. 2 § 30; chapters 9.18, 9A.68 RCW.
Seal, refusing to surrender to successor: RCW 42.20.030.
Campaign financing, disclosure: Chapter 42.17 RCW.
Successor, refusing to surrender office to: RCW 42.20.030.
Civil service law: Chapter 41.06 RCW.
Supreme court jurisdiction as to state officers, writs: RCW 2.04.010.
Civil service rights preserved when elective office assumed: RCW
41.04.120.
Terms: State Constitution Art. 3 § 3.
Collection agency use by state: RCW 19.16.500.
Usurpation of office, quo warranto proceedings: Chapter 7.56 RCW.
Compensation not to be changed during term: State Constitution Art. 2 § 25,
Art. 3 § 25, Art. 28 § 1.
Venue of actions against: RCW 4.12.020.
Continuity of government during emergency periods: State Constitution Art.
2 § 42; chapter 42.14 RCW.
Tort claims against state: Chapter 4.92 RCW.
Wage deductions for charitable contributions: RCW 41.04.035, 41.04.036.
43.01.010
Free transportation prohibited: State Constitution Art. 2 § 39, Art. 12 § 20.
43.01.010 Terms of office. The governor, lieutenant
governor, secretary of state, treasurer, auditor, attorney general, superintendent of public instruction, commissioner of
public lands, and insurance commissioner, shall hold office
for the term of four years, and until their successors are
elected and qualified; and the term shall commence on the
Wednesday after the second Monday of January following
their election. [1965 c 8 § 43.01.010. Prior: 1891 c 82 § 1;
RRS § 10980.]
Grand jury inquiry as to misconduct: RCW 10.27.100.
Term of person elected to fill vacancy: RCW 42.12.030.
Hospitalization and medical aid for employees and dependents: RCW
41.04.180, 41.04.190.
Terms of office: State Constitution Art. 3 § 3.
Debts owed to state, interest rate: RCW 43.17.240.
Elections
contested: State Constitution Art. 3 § 4.
time of: State Constitution Art. 6 § 8.
Ethics provisions: Chapter 42.52 RCW.
Expense accounts, falsifying: RCW 9A.60.050.
Expenses and per diem: RCW 43.03.050.
False personation of public officer: RCW 42.20.030.
Vacancies in office: Chapter 42.12 RCW.
Impeachment, who liable to: State Constitution Art. 5 § 2.
Information to be furnished to governor in writing: State Constitution Art. 3
§ 5.
Interchange of personnel between federal and state agencies: RCW
41.04.140 through 41.04.170.
Interfering with law enforcement officer: RCW 9A.76.020.
Intrusion into public office without authority: RCW 42.20.030.
Jury duty, exemption from: RCW 2.36.080.
Limitations of actions: Chapter 4.16 RCW.
Meetings, open to public: Chapter 42.30 RCW, RCW 42.32.030.
(2004 Ed.)
43.01.020
43.01.020 Oath of office. The governor, lieutenant
governor, secretary of state, treasurer, auditor, attorney general, superintendent of public instruction, commissioner of
public lands, and insurance commissioner, shall, before
entering upon the duties of their respective offices, take and
subscribe an oath or affirmation in substance as follows: I do
solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the
state of Washington, and that I will faithfully discharge the
[Title 43 RCW—page 3]
43.01.035
Title 43 RCW: State Government—Executive
duties of the office of (name of office) to the best of my ability.
The oath or affirmation shall be administered by one of
the justices of the supreme court at the capitol. A certificate
shall be affixed thereto by the person administering the oath,
and the oath or affirmation so certified shall be filed in the
office of the secretary of state before the officer shall be qualified to discharge any official duties: PROVIDED, That the
oath of the secretary of state shall be filed in the office of the
state auditor. [1965 c 8 § 43.01.020. Prior: 1909 c 43 § 1;
RRS § 10981.]
Attorney general, oath of office: RCW 43.10.010.
Commissioner of public lands, oaths of employees: RCW 43.12.021.
Court commissioners, oath of office: RCW 2.24.020.
Election officials, oaths required: RCW 29A.44.490 through 29A.44.520.
Engineers and land surveyors' board of registration, oath required: RCW
18.43.030.
Horse racing commission, oath of office: RCW 67.16.012.
Judges of superior court, oath of office: State Constitution Art. 4 § 28; RCW
2.08.080, 2.08.180.
Judges of supreme court, oath of office: State Constitution Art. 4 § 28; RCW
2.04.080.
Liquor control board, oath of office: RCW 66.08.014.
Militia, oath of office: RCW 38.12.150, 38.12.160.
Oaths, mode of administering: State Constitution Art. 1 § 6.
Perjury, oath defined: RCW 9A.72.010.
State administrative officers, oath required: RCW 43.17.030.
State auditor, oath of office: RCW 43.09.010.
State treasurer, oath of office: RCW 43.08.020.
Subversive activities, oath required of public officers and employees: RCW
9.81.070.
employment to that fractional part of the vacation leave that
the total number of hours of such employment bears to the
total number of hours of full time employment.
Each subordinate officer and employee of the several
offices, departments and institutions of the state government
shall be entitled under his contract of employment with the
state government to accrue unused vacation leave not to
exceed thirty working days. Officers and employees transferring within the several offices, departments and institutions
of the state government shall be entitled to transfer such
accrued vacation leave to each succeeding state office,
department or institution. All vacation leave shall be taken at
the time convenient to the employing office, department or
institution: PROVIDED, That if a subordinate officer's or
employee's request for vacation leave is deferred by reason of
the convenience of the employing office, department or institution, and a statement of the necessity therefor is filed by
such employing office, department or institution with the
appropriate personnel board or other state agency or officer,
then the aforesaid maximum thirty working days of accrued
unused vacation leave shall be extended for each month said
leave is so deferred. [1984 c 184 § 19; 1982 1st ex.s. c 51 §
2; 1965 ex.s. c 13 § 1; 1965 c 8 § 43.01.040. Prior: 1955 c
140 § 1; 1921 c 7 § 133; RRS § 10891.]
Severability—1984 c 184: See note following RCW 41.50.150.
Savings—1982 1st ex.s. c 51: "This act shall not have the effect of terminating or modifying any rights acquired under a contract in existence prior
to the effective date of this act." [1982 1st ex.s. c 51 § 4.]
Effective date—1982 1st ex.s. c 51: "This act shall take effect July 1,
1982." [1982 1st ex.s. c 51 § 5.]
University of Washington, board of regents, oath required: RCW
28B.10.520.
Severability—1982 1st ex.s. c 51: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 51 § 6.]
Utilities and transportation commission: RCW 80.01.020.
Military leaves of absence: RCW 38.40.060.
Washington State University, board of regents: RCW 28B.10.520.
43.01.041
43.01.035
43.01.035 Reports—Periods to be covered. All biennial reports to the legislature and the governor shall cover the
period comprising the first full fiscal year of the then current
biennium and the last full fiscal year of the biennium immediately preceding. All annual reports to the governor shall
cover the full fiscal year immediately preceding the date of
said report. [1965 c 8 § 43.01.035. Prior: 1953 c 184 § 3.]
43.01.040
43.01.040 Vacations—Computation and accrual—
Transfer—Statement of necessity required for extension
of unused leave. Each subordinate officer and employee of
the several offices, departments, and institutions of the state
government shall be entitled under their contract of employment with the state government to not less than one working
day of vacation leave with full pay for each month of employment if said employment is continuous for six months.
Each such subordinate officer and employee shall be
entitled under such contract of employment to not less than
one additional working day of vacation with full pay each
year for satisfactorily completing the first two, three and five
continuous years of employment respectively.
Such part time officers or employees of the state government who are employed on a regular schedule of duration of
not less than one year shall be entitled under their contract of
[Title 43 RCW—page 4]
43.01.041 Accrued vacation leave—Payment upon
termination of employment. Officers and employees
referred to in RCW 43.01.040 whose employment is terminated by their death, reduction in force, resignation, dismissal, or retirement, and who have accrued vacation leave as
specified in RCW 43.01.040 or 43.01.044, shall be paid
therefor under their contract of employment, or their estate if
they are deceased, or if the employee in case of voluntary resignation has provided adequate notice of termination. Annual
leave accumulated under RCW 43.01.044 is not to be
included in the computation of retirement benefits.
Should the legislature revoke any benefits or rights provided under chapter 292, Laws of 1985, no affected officer or
employee shall be entitled thereafter to receive such benefits
or exercise such rights as a matter of contractual right. [1985
c 292 § 1; 1984 c 184 § 20; 1982 1st ex.s. c 51 § 3; 1965 c 8
§ 43.01.041. Prior: 1955 c 140 § 2.]
Severability—1984 c 184: See note following RCW 41.50.150.
Savings—Effective date—Severability—1982 1st ex.s. c 51: See
notes following RCW 43.01.040.
43.01.042
43.01.042 Vacations—State institutions of higher
learning. State institutions of higher learning may prescribe
such rules and regulations as they may determine governing
(2004 Ed.)
State Officers—General Provisions
vacation leave for academic and professional personnel.
[1965 c 8 § 43.01.042. Prior: 1955 c 140 § 3.]
43.01.043
43.01.043 Vacations—Rules and regulations. The
several offices, departments and institutions of the state government may prescribe supplemental rules and regulations
that are not inconsistent with the provisions of RCW
43.01.040 through 43.01.043 with respect to vacation leave
of subordinate officers and employees thereof. [1965 c 8 §
43.01.043. Prior: 1955 c 140 § 4.]
43.01.044
43.01.044 Vacations—Accumulation of leave in
excess of thirty days authorized without statement of
necessity—Requirements of statement of necessity. As an
alternative, in addition to the provisions of RCW 43.01.040
authorizing the accumulation of vacation leave in excess of
thirty days with the filing of a statement of necessity, vacation leave in excess of thirty days may also be accumulated as
provided in this section but without the filing of a statement
of necessity. The accumulation of leave under this alternative
method shall be governed by the following provisions:
(1) Each subordinate officer and employee of the several
offices, departments, and institutions of state government
may accumulate the vacation leave days between the time
thirty days is accrued and his or her anniversary date of state
employment.
(2) All vacation days accumulated under this section
shall be used by the anniversary date and at a time convenient
to the employing office, department, or institution. If an
officer or employee does not use the excess leave by the anniversary date, then such leave shall be automatically extinguished and considered to have never existed.
(3) This section shall not result in any increase in a retirement allowance under any public retirement system in this
state.
(4) Should the legislature revoke any benefits or rights
provided under this section, no affected officer or employee
shall be entitled thereafter to receive such benefits or exercise
such rights as a matter of contractual right.
(5) Vacation leave credit acquired and accumulated
under this section shall never, regardless of circumstances, be
deferred by the employing office, department or institution
by filing a statement of necessity under the provisions of
RCW 43.01.040.
(6) Notwithstanding any other provision of this chapter,
on or after July 24, 1983, a statement of necessity for excess
leave, shall as a minimum, include the following: (a) the specific number of days of excess leave; and (b) the date on
which it was authorized. A copy of any such authorization
shall be sent to the department of retirement systems. [1983
c 283 § 1.]
43.01.072
43.01.047
43.01.047 Vacations—Provisions not applicable to
individual providers. RCW 43.01.040 through 43.01.044
do not apply to individual providers under RCW 74.39A.220
through 74.39A.300. [2004 c 3 § 4.]
Severability—Effective date—2004 c 3: See notes following RCW
74.39A.270.
43.01.050
43.01.050 Daily remittance of moneys to treasury—
Undistributed receipts account—Use. Each state officer or
other person, other than county treasurer, who is authorized
by law to collect or receive moneys which are required by
statute to be deposited in the state treasury shall transmit to
the state treasurer each day, all such moneys collected by him
on the preceding day: PROVIDED, That the state treasurer
may in his discretion grant exceptions where such daily transfers would not be administratively practical or feasible. In the
event that remittances are not accompanied by a statement
designating source and fund, the state treasurer shall deposit
these moneys in an account hereby created in the state treasury to be known as the undistributed receipts account. These
moneys shall be retained in the account until such time as the
transmitting agency provides a statement in duplicate of the
source from which each item of money was derived and the
fund into which it is to be transmitted. The director of financial management in accordance with RCW 43.88.160 shall
promulgate regulations designed to assure orderly and efficient administration of this account. In the event moneys are
deposited in this account that constitute overpayments,
refunds may be made by the remitting agency without virtue
of a legislative appropriation. [1985 c 57 § 26; 1981 2nd ex.s.
c 4 § 5; 1979 c 151 § 80; 1967 c 212 § 1; 1965 c 8 §
43.01.050. Prior: 1909 c 133 § 1, part; 1907 c 96 § 1, part;
RRS § 5501, part.]
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1981 2nd ex.s. c 4: See note following RCW 43.30.325.
Commissioner of public lands and department of natural resources, deposit
of funds: RCW 43.30.325.
State depositaries: Chapter 43.85 RCW.
43.01.060
43.01.060 Daily remittance of moneys to treasury—
Treasurer's duty on default. The state treasurer shall
inform the governor of any failure on the part of any officer
to comply with the provisions of RCW 43.01.050. [1965 c 8
§ 43.01.060. Prior: 1907 c 96 § 2; RRS § 5502.]
43.01.070
43.01.070 Daily remittance of moneys to treasury—
Liability of officers for noncompliance. If any officer fails
to comply with the provisions of RCW 43.01.050, he shall be
liable to the state upon his official bond in a sum equal to ten
percent annual interest on the funds for such time as he
retained them. [1965 c 8 § 43.01.070. Prior: 1907 c 96 § 3;
RRS § 5503.]
43.01.045
43.01.045 Vacations—Provisions not applicable to
officers and employees of state convention and trade center. The provisions of RCW 43.01.040 through 43.01.044
shall not be applicable to the officers and employees of the
nonprofit corporation formed under chapter 67.40 RCW.
[1984 c 210 § 4.]
Savings—Severability—1984 c 210: See notes following RCW
67.40.020.
(2004 Ed.)
43.01.072
43.01.072 Refund of fees or other payments collected
by state. Whenever any law which provides for the collection of fees or other payments by a state agency does not
authorize the refund of erroneous or excessive payments
thereof, refunds may be made or authorized by the state
agency which collected the fees or payments of all such
amounts received by the state agency in consequence of
[Title 43 RCW—page 5]
43.01.073
Title 43 RCW: State Government—Executive
error, either of fact or of law as to: (1) The proper amount of
such fee or payments; (2) The necessity of making or securing a permit, filing, examination or inspection; (3) The sufficiency of the credentials of an applicant; (4) The eligibility of
an applicant for any other reason; (5) The necessity for the
payment. [1965 c 8 § 43.01.072. Prior: 1955 c 224 § 1.]
Refunds of fees or other payments, budget and accounting system: RCW
43.88.170.
43.01.073
43.01.073 Refund of fees or other payments collected
by state—Voucher. Any state agency desiring to authorize
such a refund shall file with the state treasurer a voucher
naming the payee and giving full particulars as to the reason
for the refund and the fund in the treasury to which it was
credited. [1965 c 8 § 43.01.073. Prior: 1955 c 224 § 2.]
43.01.074
43.01.074 Refund of fees or other payments collected
by state—Warrant. Payment of such refunds shall be by
warrant issued by the state treasurer against the fund in the
state treasury to which the erroneous or excessive payment
was credited or from any other appropriation made for such
refund. [1965 c 8 § 43.01.074. Prior: 1955 c 224 § 3.]
Appropriation, when not required for refunds: RCW 43.88.180.
43.01.075
43.01.075 Refund of fees or other payments collected
by state—Limitation where amount is two dollars or less.
No such refund shall be authorized by a state agency where
the amount is two dollars or less unless demand for the refund
is made within six months from the date the erroneous or
excessive payment was made. [1965 c 8 § 43.01.075. Prior:
1955 c 224 § 4.]
43.01.090
43.01.090 Departments to share occupancy costs—
Capital projects surcharge. The director of general administration may assess a charge or rent against each state board,
commission, agency, office, department, activity, or other
occupant or user for payment of a proportionate share of costs
for occupancy of buildings, structures, or facilities including
but not limited to all costs of acquiring, constructing, operating, and maintaining such buildings, structures, or facilities
and the repair, remodeling, or furnishing thereof and for the
rendering of any service or the furnishing or providing of any
supplies, equipment, or materials.
The director of general administration may recover the
full costs including appropriate overhead charges of the foregoing by periodic billings as determined by the director
including but not limited to transfers upon accounts and
advancements into the general administration services
account. Charges related to the rendering of real estate services under RCW 43.82.010 and to the operation of nonassigned public spaces in Thurston county shall be allocated
separately from other charges assessed under this section.
Rates shall be established by the director of general administration after consultation with the director of financial management. The director of general administration may allot,
provide, or furnish any of such facilities, structures, services,
equipment, supplies, or materials to any other public service
type occupant or user at such rates or charges as are equitable
and reasonably reflect the actual costs of the services provided: PROVIDED, HOWEVER, That the legislature, its
[Title 43 RCW—page 6]
duly constituted committees, interim committees and other
committees shall be exempted from the provisions of this
section.
Upon receipt of such bill, each entity, occupant, or user
shall cause a warrant or check in the amount thereof to be
drawn in favor of the department of general administration
which shall be deposited in the state treasury to the credit of
the general administration services account unless the director of financial management has authorized another method
for payment of costs.
Beginning July 1, 1995, the director of general administration shall assess a capital projects surcharge upon each
agency or other user occupying a facility owned and managed
by the department of general administration in Thurston
county. The capital projects surcharge does not apply to
agencies or users that agree to pay all future repairs, improvements, and renovations to the buildings they occupy and a
proportional share, as determined by the office of financial
management, of all other campus repairs, installations,
improvements, and renovations that provide a benefit to the
buildings they occupy or that have an agreement with the
department of general administration that contains a charge
for a similar purpose, including but not limited to RCW
43.01.091, in an amount greater than the capital projects surcharge. Beginning July 1, 2002, the capital projects surcharge
does not apply to department of services for the blind vendors
who operate cafeteria services in facilities owned and managed by the department of general administration; the department shall consider this space to be a common area for purposes of allocating the capital projects surcharge to other
building tenants beginning July 1, 2003. The director, after
consultation with the director of financial management, shall
adopt differential capital project surcharge rates to reflect the
differences in facility type and quality. The initial payment
structure for this surcharge shall be one dollar per square foot
per year. The surcharge shall increase over time to an amount
that when combined with the facilities and service charge
equals the market rate for similar types of lease space in the
area or equals five dollars per square foot per year, whichever
is less. The capital projects surcharge shall be in addition to
other charges assessed under this section. Proceeds from the
capital projects surcharge shall be deposited into the Thurston county capital facilities account created in RCW
43.19.501. [2002 c 162 § 1; 1998 c 105 § 5; 1994 c 219 § 16;
1991 sp.s. c 31 § 10; 1979 c 151 § 81; 1973 1st ex.s. c 82 § 1;
1971 ex.s. c 159 § 1; 1965 c 8 § 43.01.090. Prior: (i) 1951 c
131 § 1; 1941 c 228 § 1; Rem. Supp. 1941 § 10964-30. (ii)
1951 c 131 § 1; 1941 c 228 § 2; Rem. Supp. 1941 §
10964-31.]
Effective date—1998 c 105: See note following RCW 43.19.025.
Findings—Purpose—1994 c 219: "The legislature finds that there is
inequitable distribution among state programs of capital costs associated
with maintaining and rehabilitating state facilities. The legislature finds that
there are insufficient available resources to support even minor capital
improvements other than debt financing. The legislature further finds that little attention is focused on efficient facility management because in many
cases capital costs are not factored into the ongoing process of allocating
state resources. The purpose of sections 16 through 18, chapter 219, Laws of
1994 is to create a mechanism to distribute capital costs among the agencies
and programs occupying facilities owned and managed by the department of
general administration in Thurston county that will foster increased accountability for facility decisions and more efficient use of the facilities." [1994 c
219 § 15.]
(2004 Ed.)
State Officers—General Provisions
Finding—1994 c 219: See note following RCW 43.88.030.
Severability—1991 sp.s. c 31: See RCW 43.99I.900.
Effective date—1973 1st ex.s. c 82: "This 1973 amendatory act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing public institutions, and
shall take effect July 1, 1973." [1973 1st ex.s. c 82 § 2.]
Agricultural commodity commissions exempt: RCW 15.04.200.
General administration services account: RCW 43.19.500.
Housing for state offices, departments, and institutions: Chapter 43.82
RCW.
43.01.091
43.01.091 Departments to share debt service costs. It
is hereby declared to be the policy of the state of Washington
that each agency or other occupant of newly constructed or
substantially renovated facilities owned and operated by the
department of general administration in Thurston county
shall proportionally share the debt service costs associated
with the original construction or substantial renovation of the
facility. Beginning July 1, 1995, each state agency or other
occupant of a facility constructed or substantially renovated
after July 1, 1992, and owned and operated by the department
of general administration in Thurston county, shall be
assessed a charge to pay the principal and interest payments
on any bonds or other financial contract issued to finance the
construction or renovation or an equivalent charge for similar
projects financed by cash sources. In recognition that full
payment of debt service costs may be higher than market
rates for similar types of facilities or higher than existing
agreements for similar charges entered into prior to June 9,
1994, the initial charge may be less than the full cost of principal and interest payments. The charge shall be assessed to
all occupants of the facility on a proportional basis based on
the amount of occupied space or any unique construction
requirements. The office of financial management, in consultation with the department of general administration, shall
develop procedures to implement this section and report to
the legislative fiscal committees, by October 1994, their recommendations for implementing this section. The office of
financial management shall separately identify in the budget
document all payments and the documentation for determining the payments required by this section for each agency and
fund source during the current and the two past and future fiscal biennia. The charge authorized in this section is subject to
annual audit by the state auditor. [1994 c 219 § 19.]
Finding—1994 c 219: See note following RCW 43.88.030.
Budget document: RCW 43.88.030.
General administration services: RCW 43.19.500.
43.01.100
43.01.100 Application forms—Employment—
Licenses—Mention of race or religion prohibited—Penalty. (1) The inclusion of any question relative to an applicant's race or religion in any application blank or form for
employment or license required to be filled in and submitted
by an applicant to any department, board, commission,
officer, agent, or employee of this state or the disclosure on
any license of the race or religion of the licensee is hereby
prohibited.
(2) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 221; 1965 c 8 § 43.01.100. Prior: 1955
c 87 § 1.]
(2004 Ed.)
43.01.160
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Discrimination—Human rights commission: Chapter 49.60 RCW.
Subversive activities, public officials and employees: Chapter 9.81 RCW.
43.01.120
43.01.120 Accidental death and dismemberment coverage during aircraft flights for state officers, employees,
and legislators. The departments of state government are
authorized to procure at state expense accidental death and
dismemberment coverage not to exceed one hundred thousand dollars per person for the benefit of state employees and
state elected officials, including legislators, while they are, in
the course of their employment, passengers on or crew members of any nonscheduled aircraft flight. [1967 ex.s. c 6 § 1;
1965 ex.s. c 68 § 1.]
43.01.125
43.01.125 Duty to identify employees whose performance warrants termination from employment. It is the
responsibility of each agency head to institute management
procedures designed to identify any agency employee, either
supervisory or nonsupervisory, whose performance is so
inadequate as to warrant termination from state employment.
In addition, it is the responsibility of each agency head to
remove from a supervisory position any supervisor within the
agency who has tolerated the continued employment of any
employee under his or her supervision whose performance
has warranted termination from state employment. [1985 c
461 § 15.]
Severability—1985 c 461: See note following RCW 41.06.020.
Adoption of rules to remove supervisors tolerating inadequate employees:
RCW 41.06.196.
43.01.150
43.01.150 Power to employ or appoint personnel not
to include authority to provide state owned or leased
motor vehicle. Notwithstanding any other provision of law,
whenever any state agency, institution of higher education, or
other appointing authority is empowered to employ or
appoint administrators or other personnel and to fix their
compensation, such power, in the absence of a specific contrary statutory authorization to the agency, institution of
higher education, or appointing authority, shall not extend to
the power to provide a state owned or leased motor vehicle
for any use other than official state business. [1975 1st ex.s.
c 33 § 1.]
Providing motor vehicle transportation services for public employees: RCW
43.19.560 through 43.19.635.
43.01.160
43.01.160 State publications to be in gender-neutral
terms—Exception—Effect of noncompliance. (1) All
rules and directory or advisory publications issued, adopted,
or amended by state officers or agencies, as defined by RCW
41.06.020, after July 1, 1983, shall be written in gender-neutral terms unless a specification of gender is intended.
(2) No rule or publication is invalid because it does not
comply with this section. [1983 c 20 § 2.]
Intent—1983 c 20: "It is the intent of the legislature to have the state's
statutes, rules, and official communications expressed in gender-neutral
terms." [1983 c 20 § 1.]
Statutes, memorials, and resolutions: RCW 44.04.210.
[Title 43 RCW—page 7]
43.01.200
Title 43 RCW: State Government—Executive
43.01.200
43.01.200 Facilitating recovery from Mt. St. Helens
eruption—Legislative findings—Purpose. (1) The legislature finds that:
(a) The May 1980 eruption of Mount St. Helens has
caused serious economic and physical damage to the land
surrounding the mountain;
(b) There are continuing siltation problems which could
severely affect the Toutle, Cowlitz, Coweeman, and Columbia rivers areas;
(c) There is an immediate need for sites for dredging,
dredge spoils, flood control works, sediment retention, and
bank protection and funds for dredging, dredge sites, dredge
spoils sites, flood control works, sediment retention sites, and
bank protection and to continue the rehabilitation of the areas
affected by the natural disaster; and
(d) Failure to dredge and dike along the rivers and failure
to cooperate with the federal government in sediment retention would directly affect the lives and property of the fortyfive thousand residents in the Cowlitz and Toutle River valleys with severe negative impacts on local, state, and national
transportation systems, public utilities, public and private
property, and the Columbia river which is one of the major
navigation channels for world-wide commerce.
(2) The intent of RCW 36.01.150, 43.01.210,
*43.21A.500, 43.21C.500, 75.20.300, 89.16.500, and
90.58.500, their 1983 amendments, and RCW 43.01.215 is to
authorize and direct maximum cooperative effort to meet the
problems noted in subsection (1) of this section. [1985 c 307
§ 1; 1983 1st ex.s. c 1 § 1; 1982 c 7 § 1.]
*Reviser's note: RCW 43.21A.500, 43.21C.500, 75.20.300, 89.16.500,
and 90.58.500 expired June 30, 1995.
Severability—1983 1st ex.s. c 1: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 1 § 10.]
Severability—1982 c 7: See note following RCW 36.01.150.
43.01.210
43.01.210 Facilitating recovery from Mt. St. Helens
eruption—Scope of state agency action. State agencies
shall take action as follows to facilitate recovery from the
devastation of the eruption of Mt. St. Helens:
(1) The department of transportation may secure any
lands or interest in lands by purchase, exchange, lease, eminent domain, or donation for dredge sites, dredge spoils sites,
flood control works, sediment retention works, or bank protection;
(2) The commissioner of public lands may by rule
declare any public lands found to be damaged by the eruption
of Mt. St. Helens, directly or indirectly, as surplus to the
needs of the state and may dispose of such lands pursuant to
Title 79 RCW to public or private entities for development,
park and recreation uses, open space, or fish and wildlife habitat;
(3) All state agencies shall cooperate with local governments, the United States army corps of engineers, and other
agencies of the federal government in planning for dredge
site selection and dredge spoils removal, and in all other
phases of recovery operations;
(4) The department of transportation shall work with the
counties concerned on site selection and site disposition in
cooperation with the army corps of engineers; and
[Title 43 RCW—page 8]
(5) State agencies may assist the army corps of engineers
in the dredging and dredge spoils deposit operations. [1985 c
307 § 2; 1983 1st ex.s. c 1 § 2; 1982 c 7 § 2.]
Severability—1983 1st ex.s. c 1: See note following RCW 43.01.200.
Severability—1982 c 7: See note following RCW 36.01.150.
Facilitating recovery from Mt. St. Helens eruption—Scope of local government action: RCW 36.01.150.
43.01.215 Facilitating recovery from Mt. St. Helens
eruption—Precedence of court proceedings under RCW
43.01.210—Finality of order under RCW 8.04.070—
Appeal. (1) Court proceedings necessary to acquire property
or property rights for purposes of RCW 43.01.210 take precedence over all other causes, including those expedited under
the provisions of RCW 47.52.060, in all courts to the end that
the provision of lands for dredge sites, dredge spoils sites,
flood control works, or bank protection may be expedited.
(2) An order entered under RCW 8.04.070 relating to the
acquisition of land under RCW 43.01.210 is final unless
review of the order is taken to the supreme court within five
days after entry of the order. Such an appeal shall be certified
by the trial court to the supreme court. Upon certification, the
supreme court shall assign the appeal for hearing at the earliest possible date, and it shall expedite its review and decision
in every way possible. [1983 1st ex.s. c 1 § 8.]
43.01.215
Severability—1983 1st ex.s. c 1: See note following RCW 43.01.200.
43.01.220
43.01.220 Commute trip reduction—Parking revenue—Definitions. The definitions in this section apply
throughout this chapter.
(1) "Guaranteed ride home" means an assured ride home
for commuters participating in a commute trip reduction program who are not able to use their normal commute mode
because of personal emergencies.
(2) "Pledged" means parking revenue designated
through any means, including moneys received from the natural resource building, which is used for the debt service payment of bonds issued for parking facilities. [1993 c 394 § 2.]
Finding—Purpose—1993 c 394: "The legislature finds that reducing
the number of commute trips to work is an effective way of reducing automobile-related air pollution, traffic congestion, and energy use. The legislature intends that state agencies shall assume a leadership role in implementing programs to reduce vehicle miles traveled and single-occupant vehicle
commuting, under RCW 70.94.521 through 70.94.551.
The legislature has established and directed an interagency task force
to consider mechanisms for funding state agency commute trip reduction
programs; and to consider and recommend policies for employee incentives
for commuting by other than single-occupant vehicles, and policies for the
use of state-owned vehicles.
It is the purpose of this act to provide state agencies with the authority
to provide employee incentives, including subsidies for use of high occupancy vehicles to meet commute trip reduction goals, and to remove existing
statutory barriers for state agencies to use public funds, including parking
revenue, to operate, maintain, lease, or construct parking facilities at stateowned and leased facilities, to reduce parking subsidies, and to support commute trip reduction programs." [1993 c 394 § 1.]
43.01.225 Commute trip reduction—Parking revenue—State vehicle parking account. There is hereby established an account in the state treasury to be known as the
"state vehicle parking account." All parking rental income
resulting from parking fees established by the department of
general administration under RCW 46.08.172 at state-owned
or leased property shall be deposited in the "state vehicle
43.01.225
(2004 Ed.)
Salaries and Expenses
parking account." Revenue deposited in the "state vehicle
parking account" shall be first applied to pledged purposes.
Unpledged parking revenues deposited in the "state vehicle
parking account" may be used to:
(1) Pay costs incurred in the operation, maintenance, regulation, and enforcement of vehicle parking and parking
facilities;
(2) Support the lease costs and/ or capital investment
costs of vehicle parking and parking facilities; and
(3) Support agency commute trip reduction programs
under RCW 70.94.521 through 70.94.551. [1995 c 215 § 2;
1993 c 394 § 5.]
Finding—Purpose—1993 c 394: See note following RCW 43.01.220.
43.01.230
43.01.230 Commute trip reduction—Use of public
funds. State agencies may, under the internal revenue code
rules, use public funds to financially assist agency-approved
incentives for alternative commute modes, including but not
limited to carpools, vanpools, purchase of transit and ferry
passes, and guaranteed ride home programs, if the financial
assistance is an element of the agency's commute trip reduction program as required under RCW 70.94.521 through
70.94.551. This section does not permit any payment for the
use of state-owned vehicles for commuter ride sharing.
[1995 c 215 § 1; 1993 c 394 § 6.]
Finding—Purpose—1993 c 394: See note following RCW 43.01.220.
43.01.235
43.01.235 Commute trip reduction—Higher education institutions—Exemption. All state higher education
institutions are exempt from RCW 43.01.225. [1993 c 394 §
7.]
Finding—Purpose—1993 c 394: See note following RCW 43.01.220.
43.01.236
43.01.236 Commute trip reduction—Institutions of
higher education—Exemption. All institutions of higher
education as defined under RCW 28B.10.016 are exempt
from the requirements under RCW 43.01.240. [1998 c 344 §
8; 1997 c 273 § 3; 1995 c 215 § 5.]
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
43.01.240
43.01.240 State agency parking account—Parking
rental fees—Employee parking, limitations. (1) There is
hereby established an account in the state treasury to be
known as the state agency parking account. All parking
income collected from the fees imposed by state agencies on
parking spaces at state-owned or leased facilities, including
the capitol campus, shall be deposited in the state agency
parking account. Only the office of financial management
may authorize expenditures from the account. The account is
subject to allotment procedures under chapter 43.88 RCW,
but no appropriation is required for expenditures. No agency
may receive an allotment greater than the amount of revenue
deposited into the state agency parking account.
(2) An agency may, as an element of the agency's commute trip reduction program to achieve the goals set forth in
RCW 70.94.527, impose parking rental fees at state-owned
and leased properties. These fees will be deposited in the
state agency parking account. Each agency shall establish a
committee to advise the agency director on parking rental
fees, taking into account the market rate of comparable, pri(2004 Ed.)
Chapter 43.03
vately owned rental parking in each region. The agency shall
solicit representation of the employee population including,
but not limited to, management, administrative staff, production workers, and state employee bargaining units. Funds
shall be used by agencies to: (a) Support the agencies' commute trip reduction program under RCW 70.94.521 through
70.94.551; (b) support the agencies' parking program; or (c)
support the lease or ownership costs for the agencies' parking
facilities.
(3) In order to reduce the state's subsidization of
employee parking, after July 1997 agencies shall not enter
into leases for employee parking in excess of building code
requirements, except as authorized by the director of general
administration. In situations where there are fewer parking
spaces than employees at a worksite, parking must be allocated equitably, with no special preference given to managers. [1998 c 245 § 46; 1995 c 215 § 3.]
Chapter 43.03
Chapter 43.03 RCW
SALARIES AND EXPENSES
Sections
43.03.010
43.03.011
43.03.012
43.03.013
43.03.015
43.03.020
43.03.027
43.03.028
43.03.030
43.03.040
43.03.050
43.03.060
43.03.062
43.03.065
43.03.110
43.03.120
43.03.125
43.03.130
43.03.150
43.03.160
43.03.170
43.03.180
43.03.190
43.03.200
43.03.210
43.03.220
43.03.230
43.03.240
43.03.250
43.03.265
43.03.300
43.03.305
Salaries of elective state officers.
Salaries of state elected officials of the executive branch.
Salaries of judges.
Salaries of members of the legislature.
Emoluments of office for appointees to office of state legislator.
Expenses of lieutenant governor acting as governor.
Salaries of public officials—State policy enunciated.
State committee on agency officials' salaries—Members—
Duties—Reports.
Increase or reduction of appointees' compensation.
Salaries of certain directors and chief executive officers.
Subsistence, lodging and refreshment, and per diem allowance
for officials, employees, and members of boards, commissions, or committees.
Mileage allowance.
State convention and trade center employees—Travel
expenses.
Subsistence and lodging expenses—Direct payment to suppliers authorized.
Moving expenses of employees.
Moving expenses of new employees.
Relocation compensation for domiciliary moves.
Travel expenses of prospective employees.
Advance payment of travel expenses—Authorized.
Advance payment of travel expenses—"Department" defined.
Advance payment of travel expenses—Advance warrants—
Issuance—Limitations.
Advance payment of travel expenses—Itemized travel
expense voucher to be submitted—Repayment of unexpended portion of advance—Default.
Advance payment of travel expenses—Lien against and right
to withhold funds payable until proper accounting or repaying of advance made.
Advance payment of travel expenses—Advances construed.
Advance payment of travel expenses—Director of financial
management to prescribe rules and regulations to carry out
RCW 43.03.150 through 43.03.210.
Compensation of members of part-time boards and commissions—Class one groups.
Compensation of members of part-time boards and commissions—Class two groups.
Compensation of members of part-time boards and commissions—Class three groups.
Compensation of members of part-time boards and commissions—Class four groups.
Compensation of members of part-time boards and commissions—Class five groups.
Salaries of elected state officials—Legislative declaration—
Purpose.
Washington citizens' commission on salaries for elected officials—Generally.
[Title 43 RCW—page 9]
43.03.010
43.03.310
Title 43 RCW: State Government—Executive
Duties of citizens' commission—Travel expenses—Chair—
Schedule of salaries—Publication—Hearings.
Compensation for unofficial services permitted: RCW 42.04.070.
Compensation not to be changed during term: State Constitution Art. 2 § 25,
Art. 3 § 25, Art. 28 § 1.
Free transportation prohibited: State Constitution Art. 2 § 39, Art. 12 § 20.
Salaries of state officers, payable semimonthly: RCW 42.16.010.
43.03.010
43.03.010 Salaries of elective state officers. The
annual salaries of the following named state elected officials
shall be prescribed by the Washington citizens' commission
on salaries for elected officials: Governor; lieutenant governor: PROVIDED, That in arriving at the annual salary of the
lieutenant governor the commission shall prescribe a fixed
amount plus a sum equal to 1/260th of the difference between
the annual salary of the lieutenant governor and the annual
salary of the governor for each day that the lieutenant governor is called upon to perform the duties of the governor by
reason of the absence from the state, removal, resignation,
death, or disability of the governor; secretary of state; state
treasurer; state auditor; attorney general; superintendent of
public instruction; commissioner of public lands; and state
insurance commissioner. Members of the legislature shall
receive for their service per annum the amount prescribed by
the Washington citizens' commission on salaries for elected
officials; and in addition, reimbursement for mileage for
travel to and from legislative sessions as provided in RCW
43.03.060. [1989 c 10 § 8. Prior: 1986 c 161 § 1; 1986 c 155
§ 8; 1983 1st ex.s. c 29 § 3; 1979 ex.s. c 255 § 1; 1977 ex.s. c
318 § 1; 1975-'76 2nd ex.s. c 113 § 1; 1975 1st ex.s. c 263 §
1; 1974 ex.s. c 149 § 2 (Initiative Measure No. 282, approved
November 6, 1973); 1967 ex.s. c 100 § 1; 1965 ex.s. c 127 §
4; 1965 c 8 § 43.03.010; prior: 1965 c 1 § 2; 1961 c 5 § 1;
1959 c 316 § 1; 1949 c 48 § 1; Rem. Supp. 1949 § 10965-1;
prior: 1947 c 79 § .02.04; 1945 c 116 § 1; 1939 c 226 § 1;
1925 ex.s. c 163 § 1; 1925 ex.s. c 90 § 1; 1919 c 124 §§ 1, 2;
1907 c 94 § 1.]
Effective date—1986 c 161 § 1: "Section 1 of this act shall take effect
on January 1, 1987." [1986 c 161 § 3.]
Severability—1986 c 161: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 161 § 5.]
Contingent effective date—Severability—1986 c 155: See notes following RCW 43.03.300.
Effective date—1979 ex.s. c 255: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the
state government and its existing public institutions, and shall take effect
July 1, 1979." [1979 ex.s. c 255 § 11.]
Effective date—1977 ex.s. c 318: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the
state government and its existing public institutions, and shall take effect on
July 1, 1977." [1977 ex.s. c 318 § 7.]
Severability—1975 1st ex.s. c 263: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 263 § 7.]
Effective date—1975 1st ex.s. c 263: "This 1975 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 263 § 8.]
Severability—1974 ex.s. c 149 (Initiative Measure No. 282): "If any
provision of this act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
[Title 43 RCW—page 10]
persons or circumstances is not affected." [1974 ex.s. c 149 § 7 (Initiative
Measure No. 282).]
Construction—1965 ex.s. c 127: "The salary increases provided for
herein shall take effect at the earliest time allowable by the Constitution of
the state of Washington, including Article II, section 13, Article II, section
25, Article IV, section 13, and Article XXVIII: PROVIDED, That it is the
intent of the legislature that nothing in this act shall render a member of the
legislature or of the judiciary ineligible to file for and be elected to the legislature or the judiciary respectively." [1965 ex.s. c 127 § 5.]
Salaries of elected officials: State Constitution Art. 28 § 1.
Washington citizens' commission on salaries for elected officials: RCW
43.03.305.
43.03.011
43.03.011 Salaries of state elected officials of the
executive branch. Pursuant to Article XXVIII, section 1 of
the state Constitution and RCW 43.03.010 and 43.03.310, the
annual salaries of the state elected officials of the executive
branch shall be as follows:
(1) Effective September 1, 2002:
(a) Governor . . . . . . . . . . . . . . . . . . . . . . . . . . $ 142,286
(b) Lieutenant governor . . . . . . . . . . . . . . . . . .$ 74,377
(c) Secretary of state . . . . . . . . . . . . . . . . . . . . .$ 91,048
(d) Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 99,708
(e) Auditor. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 99,708
(f) Attorney general. . . . . . . . . . . . . . . . . . . . . $ 129,351
(g) Superintendent of public instruction . . . . . $ 101,750
(h) Commissioner of public lands. . . . . . . . . . $ 101,750
(i) Insurance commissioner. . . . . . . . . . . . . . . .$ 92,702
(2) Effective September 1, 2003:
(a) Governor . . . . . . . . . . . . . . . . . . . . . . . . . . $ 142,286
(b) Lieutenant governor . . . . . . . . . . . . . . . . . .$ 74,377
(c) Secretary of state . . . . . . . . . . . . . . . . . . . . .$ 99,708
(d) Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 99,708
(e) Auditor. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 99,708
(f) Attorney general. . . . . . . . . . . . . . . . . . . . . $ 129,351
(g) Superintendent of public instruction . . . . . $ 101,750
(h) Commissioner of public lands. . . . . . . . . . $ 101,750
(i) Insurance commissioner. . . . . . . . . . . . . . . .$ 99,708
(3) Effective September 1, 2004:
(a) Governor . . . . . . . . . . . . . . . . . . . . . . . . . . $ 145,132
(b) Lieutenant governor . . . . . . . . . . . . . . . . . .$ 75,865
(c) Secretary of state . . . . . . . . . . . . . . . . . . . . $ 101,702
(d) Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . $ 101,702
(e) Auditor. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 101,702
(f) Attorney general. . . . . . . . . . . . . . . . . . . . . $ 131,938
(g) Superintendent of public instruction . . . . . $ 103,785
(h) Commissioner of public lands. . . . . . . . . . $ 103,785
(i) Insurance commissioner. . . . . . . . . . . . . . . $ 101,702
(4) The lieutenant governor shall receive the fixed
amount of his salary plus 1/260th of the difference between
his salary and that of the governor for each day that the lieutenant governor is called upon to perform the duties of the
governor by reason of the absence from the state, removal,
resignation, death, or disability of the governor. [2003 1st
sp.s. c 1 § 1; 2001 1st sp.s. c 3 § 1; 1999 sp.s. c 3 § 1; 1997 c
458 § 1; 1995 2nd sp.s. c 1 § 1; 1993 sp.s. c 26 § 1; 1991 sp.s.
c 1 § 1; 1989 2nd ex.s. c 4 § 1; 1987 1st ex.s. c 1 § 1, part.]
43.03.012 Salaries of judges. Pursuant to Article
XXVIII, section 1 of the state Constitution and RCW
2.04.092, 2.06.062, 2.08.092, 3.58.010, and 43.03.310, the
annual salaries of the judges of the state shall be as follows:
43.03.012
(2004 Ed.)
Salaries and Expenses
(1) Effective September 1, 2002:
(a) Justices of the supreme court. . . . . . . . . . . $ 134,584
(b) Judges of the court of appeals . . . . . . . . . . $ 128,116
(c) Judges of the superior court. . . . . . . . . . . . $ 121,972
(d) Full-time judges of the district court . . . . . $ 116,135
(2) Effective September 1, 2003:
(a) Justices of the supreme court. . . . . . . . . . . $ 134,584
(b) Judges of the court of appeals . . . . . . . . . . $ 128,116
(c) Judges of the superior court. . . . . . . . . . . . $ 121,972
(d) Full-time judges of the district court . . . . . $ 116,135
(3) Effective September 1, 2004:
(a) Justices of the supreme court. . . . . . . . . . . $ 137,276
(b) Judges of the court of appeals . . . . . . . . . . $ 130,678
(c) Judges of the superior court. . . . . . . . . . . . $ 124,411
(d) Full-time judges of the district court . . . . . $ 118,458
(4) The salary for a part-time district court judge shall be
the proportion of full-time work for which the position is
authorized, multiplied by the salary for a full-time district
court judge. [2003 1st sp.s. c 1 § 2; 2001 1st sp.s. c 3 § 2;
1999 sp.s. c 3 § 2; 1997 c 458 § 2; 1995 2nd sp.s. c 1 § 2; 1993
sp.s. c 26 § 2; 1991 sp.s. c 1 § 2; 1989 2nd ex.s. c 4 § 2; 1987
1st ex.s. c 1 § 1, part.]
43.03.013
43.03.013 Salaries of members of the legislature. Pursuant to Article XXVIII, section 1 of the state Constitution
and RCW 43.03.010 and 43.03.310, the annual salary of
members of the legislature shall be:
(1) Effective September 1, 2002:
(a) Legislators . . . . . . . . . . . . . . . . . . . . . . . . . .$ 33,556
(b) Speaker of the house . . . . . . . . . . . . . . . . . .$ 41,556
(c) Senate majority leader . . . . . . . . . . . . . . . . .$ 41,556
(d) House minority leader . . . . . . . . . . . . . . . . .$ 37,556
(e) Senate minority leader . . . . . . . . . . . . . . . . .$ 37,556
(2) Effective September 1, 2003:
(a) Legislators . . . . . . . . . . . . . . . . . . . . . . . . . .$ 33,556
(b) Speaker of the house . . . . . . . . . . . . . . . . . .$ 41,556
(c) Senate majority leader . . . . . . . . . . . . . . . . .$ 41,556
(d) House minority leader . . . . . . . . . . . . . . . . .$ 37,556
(e) Senate minority leader . . . . . . . . . . . . . . . . .$ 37,556
(3) Effective September 1, 2004:
(a) Legislators . . . . . . . . . . . . . . . . . . . . . . . . . .$ 34,227
(b) Speaker of the house . . . . . . . . . . . . . . . . . .$ 42,227
(c) Senate majority leader . . . . . . . . . . . . . . . . .$ 42,227
(d) House minority leader . . . . . . . . . . . . . . . . .$ 38,227
(e) Senate minority leader . . . . . . . . . . . . . . . . .$ 38,227
[2003 1st sp.s. c 1 § 3; 2001 1st sp.s. c 3 § 3; 1999 sp.s. c 3 §
3; 1997 c 458 § 3; 1995 2nd sp.s. c 1 § 3; 1993 sp.s. c 26 § 3;
1991 sp.s. c 1 § 3; 1989 2nd ex.s. c 4 § 3; 1987 1st ex.s. c 1 §
1, part.]
43.03.015
43.03.015 Emoluments of office for appointees to
office of state legislator. Any person appointed to fill a
vacancy that may occur in either the senate or house of representatives of the state legislature, prior to his qualification at
the next succeeding regular or special session of the legislature shall be entitled to the same emoluments of office as the
duly elected member whom he succeeded. [1967 ex.s. c 100
§ 2.]
(2004 Ed.)
43.03.028
Eligibility of member of legislature to appointment or election to office of
official whose salary was increased during legislator's term: RCW
3.58.010.
43.03.020 Expenses of lieutenant governor acting as
governor. Whenever by reason of the absence from the state
or the disability of the governor, the lieutenant governor is
called upon temporarily to perform the duties of the office of
governor, he shall be paid upon his personal voucher therefor
the sum of ten dollars per day for expenses. [1965 c 8 §
43.03.020. Prior: 1919 c 118 § 1; RRS § 10979.]
43.03.020
43.03.027
43.03.027 Salaries of public officials—State policy
enunciated. It is hereby declared to be the public policy of
this state to base the salaries of public officials on realistic
standards in order that such officials may be paid according
to the true value of their services and the best qualified citizens may be attracted to public service. It is the purpose of
RCW 43.03.027, 43.03.028, 43.03.040, *43.03.045 and
43.03.047 to effectuate this policy by utilizing the expert
knowledge of citizens having access to pertinent facts concerning proper salaries for public officials, thus removing and
dispelling any thought of political consideration in fixing the
appropriateness of the amount of such salaries. [1970 ex.s. c
43 § 1.]
*Reviser's note: RCW 43.03.045 and 43.03.047 were repealed by 1986
c 155 § 14, effective January 1, 1987. See note following RCW 43.03.300.
Severability—1970 ex.s. c 43: "If any provision of this 1970 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances, shall not be affected." [1970 ex.s. c 43 § 7.]
43.03.028
43.03.028 State committee on agency officials' salaries—Members—Duties—Reports. (1) There is hereby
created a state committee on agency officials' salaries to consist of seven members, or their designees, as follows: The
president of the University of Puget Sound; the chairperson
of the council of presidents of the state's four-year institutions
of higher education; the chairperson of the Washington personnel resources board; the president of the Association of
Washington Business; the president of the Pacific Northwest
Personnel Managers' Association; the president of the Washington State Bar Association; and the president of the Washington State Labor Council. If any of the titles or positions
mentioned in this subsection are changed or abolished, any
person occupying an equivalent or like position shall be qualified for appointment by the governor to membership upon
the committee.
(2) The committee shall study the duties and salaries of
the directors of the several departments and the members of
the several boards and commissions of state government,
who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive
officers of the following agencies of state government:
The arts commission; the human rights commission; the
board of accountancy; the board of pharmacy; the eastern
Washington historical society; the Washington state historical society; the interagency committee for outdoor recreation;
the criminal justice training commission; the department of
personnel; the state library; the traffic safety commission; the
horse racing commission; the advisory council on vocational
education; the public disclosure commission; the state con[Title 43 RCW—page 11]
43.03.030
Title 43 RCW: State Government—Executive
servation commission; the commission on Hispanic affairs;
the commission on Asian Pacific American affairs; the state
board for volunteer fire fighters and reserve officers; the
transportation improvement board; the public employment
relations commission; the forest practices appeals board; and
the energy facilities site evaluation council.
The committee shall report to the governor or the chairperson of the appropriate salary fixing authority at least once
in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an
odd-numbered year, its recommendations for the salaries to
be fixed for each position.
(3) Committee members shall be reimbursed by the
department of personnel for travel expenses under RCW
43.03.050 and 43.03.060. [2001 c 302 § 2; 1995 c 67 § 1.
Prior: 1993 c 281 § 45; 1993 c 101 § 14; 1991 c 3 § 294; 1988
c 167 § 9; prior: 1987 c 504 § 15; 1987 c 249 § 7; 1986 c 155
§ 9; 1982 c 163 § 21; 1980 c 87 § 20; prior: 1977 ex.s. c 127
§ 1; 1977 c 75 § 36; 1970 ex.s. c 43 § 2; 1967 c 19 § 1; 1965
c 8 § 43.03.028; prior: 1961 c 307 § 1; 1955 c 340 § 1.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Findings—1993 c 101: See note following RCW 27.34.010.
Severability—Effective date—1993 c 101: See RCW 27.34.915 and
27.34.916.
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Severability—Effective date—1987 c 504: See RCW 43.105.901 and
43.105.902.
Contingent effective date—Severability—1986 c 155: See notes following RCW 43.03.300.
Severability—Effective date—1982 c 163: See notes following RCW
2.10.052.
Severability—1970 ex.s. c 43: See note following RCW 43.03.027.
43.03.030
43.03.030 Increase or reduction of appointees' compensation. (1) Wherever the compensation of any appointive
state officer or employee is fixed by statute, it may be hereafter increased or decreased in the manner provided by law for
the fixing of compensation of other appointive state officers
or employees; but this subsection shall not apply to the heads
of state departments.
(2) Wherever the compensation of any state officer
appointed by the governor, or of any employee in any office
or department under the control of any such officer, is fixed
by statute, such compensation may hereafter, from time to
time, be changed by the governor, and he shall have power to
fix such compensation at any amount not to exceed the
amount fixed by statute. [1965 c 8 § 43.03.030. Prior: (i)
1921 c 49 § 1; RRS § 10896. (ii) 1933 c 47 § 1; RRS § 109761.]
43.03.040
43.03.040 Salaries of certain directors and chief executive officers. The directors of the several departments and
members of the several boards and commissions, whose salaries are fixed by the governor and the chief executive officers of the agencies named in RCW 43.03.028(2) as now or
hereafter amended shall each severally receive such salaries,
payable in monthly installments, as shall be fixed by the governor or the appropriate salary fixing authority, in an amount
not to exceed the recommendations of the committee on
[Title 43 RCW—page 12]
agency officials' salaries. Beginning July 1, 1993, through
June 30, 1995, the salary paid to such directors and members
of boards and commissions shall not exceed the amount paid
as of April 1, 1993. [1993 sp.s. c 24 § 914; 1986 c 155 § 12;
1977 ex.s. c 127 § 2; 1970 ex.s. c 43 § 3; 1965 c 8 §
43.03.040. Prior: 1961 c 307 § 2; 1955 c 340 § 2; 1949 c 111
§ 1; 1937 c 224 § 1; Rem. Supp. 1949 § 10776-1.]
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.310.020.
Contingent effective date—Severability—1986 c 155: See notes following RCW 43.03.300.
Severability—1970 ex.s. c 43: See note following RCW 43.03.027.
43.03.050
43.03.050 Subsistence, lodging and refreshment, and
per diem allowance for officials, employees, and members
of boards, commissions, or committees. (1) The director of
financial management shall prescribe reasonable allowances
to cover reasonable and necessary subsistence and lodging
expenses for elective and appointive officials and state
employees while engaged on official business away from
their designated posts of duty. The director of financial management may prescribe and regulate the allowances provided
in lieu of subsistence and lodging expenses and may prescribe the conditions under which reimbursement for subsistence and lodging may be allowed. The schedule of allowances adopted by the office of financial management may
include special allowances for foreign travel and other travel
involving higher than usual costs for subsistence and lodging.
The allowances established by the director shall not exceed
the rates set by the federal government for federal employees.
However, during the 2003-05 fiscal biennium, the allowances
for any county that is part of a metropolitan statistical area,
the largest city of which is in another state, shall equal the
allowances prescribed for that larger city.
(2) Those persons appointed to serve without compensation on any state board, commission, or committee, if entitled
to payment of travel expenses, shall be paid pursuant to special per diem rates prescribed in accordance with subsection
(1) of this section by the office of financial management.
(3) The director of financial management may prescribe
reasonable allowances to cover reasonable expenses for
meals, coffee, and light refreshment served to elective and
appointive officials and state employees regardless of travel
status at a meeting where: (a) The purpose of the meeting is
to conduct official state business or to provide formal training
to state employees or state officials; (b) the meals, coffee, or
light refreshment are an integral part of the meeting or training session; (c) the meeting or training session takes place
away from the employee's or official's regular workplace; and
(d) the agency head or authorized designee approves payments in advance for the meals, coffee, or light refreshment.
In order to prevent abuse, the director may regulate such
allowances and prescribe additional conditions for claiming
the allowances.
(4) Upon approval of the agency head or authorized designee, an agency may serve coffee or light refreshments at a
meeting where: (a) The purpose of the meeting is to conduct
state business or to provide formal training that benefits the
state; and (b) the coffee or light refreshment is an integral part
of the meeting or training session. The director of financial
(2004 Ed.)
Salaries and Expenses
management shall adopt requirements necessary to prohibit
abuse of the authority authorized in this subsection.
(5) The schedule of allowances prescribed by the director under the terms of this section and any subsequent
increases in any maximum allowance or special allowances
for areas of higher than usual costs shall be reported to the
ways and means committees of the house of representatives
and the senate at each regular session of the legislature.
[2003 1st sp.s. c 25 § 915; 1990 c 30 § 1; 1983 1st ex.s. c 29
§ 1; 1979 c 151 § 83; 1977 ex.s. c 312 § 1; 1975-'76 2nd ex.s.
c 34 § 94; 1970 ex.s. c 34 § 1; 1965 ex.s. c 77 § 1; 1965 c 8 §
43.03.050. Prior: 1961 c 220 § 1; 1959 c 194 § 1; 1953 c 259
§ 1; 1949 c 17 § 1; 1943 c 86 § 1; Rem. Supp. 1949 § 109811.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective date—Construction—1977 ex.s. c 312: "This act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect immediately except that any new schedule of allowances
under either RCW 43.03.050 and 43.03.060 as now or hereafter amended
shall not be effective until July 1, 1977 or later." [1977 ex.s. c 312 § 5.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
43.03.060
43.03.060 Mileage allowance. (1) Whenever it
becomes necessary for elective or appointive officials or
employees of the state to travel away from their designated
posts of duty while engaged on official business, and it is
found to be more advantageous or economical to the state that
travel be by a privately-owned vehicle rather than a common
carrier or a state-owned or operated vehicle, a mileage rate
established by the director of financial management shall be
allowed. The mileage rate established by the director shall
not exceed any rate set by the United States treasury department above which the substantiation requirements specified
in Treasury Department Regulations section 1.274-5T(a)(1),
as now law or hereafter amended, will apply.
(2) The director of financial management may prescribe
and regulate the specific mileage rate or other allowance for
the use of privately-owned vehicles or common carriers on
official business and the conditions under which reimbursement of transportation costs may be allowed. The reimbursement or other payment for transportation expenses of any
employee or appointive official of the state shall be based on
the method deemed most advantageous or economical to the
state.
(3) The mileage rate established by the director of financial management pursuant to this section and any subsequent
changes thereto shall be reported to the ways and means committees of the house of representatives and the senate at each
regular session of the legislature. [1990 c 30 § 2; 1983 1st
ex.s. c 29 § 2; 1979 c 151 § 84; 1977 ex.s. c 312 § 2; 1975-'76
2nd ex.s. c 34 § 95; 1974 ex.s. c 157 § 1; 1967 ex.s. c 16 § 4;
1965 c 8 § 43.03.060. Prior: 1949 c 17 § 2; 1943 c 86 § 2;
Rem. Supp. 1949 § 10981-2.]
Effective date—Construction—1977 ex.s. c 312: See note following
RCW 43.03.050.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
(2004 Ed.)
43.03.120
43.03.062
43.03.062 State convention and trade center employees—Travel expenses. Notwithstanding any provision of
this chapter, employees of the corporation formed under
RCW 67.40.020 shall be reimbursed for actual and reasonable travel and subsistence expenses incurred out of state for
the purpose of marketing the convention center as may be
requested or performed by the chief executive officer of the
corporation subject to approval of the office of financial management. Reimbursement under this section may not be for
promotional hosting expenditures. [1985 c 233 § 4.]
43.03.065
43.03.065 Subsistence and lodging expenses—Direct
payment to suppliers authorized. The allowances prescribed pursuant to RCW 43.03.050 as now or hereafter
amended may be paid as reimbursements to individuals for
subsistence and lodging expenses during official travel.
Alternatively, amounts not exceeding those allowances may
be paid directly to appropriate suppliers of subsistence and
lodging, when more economical and advantageous to the
state, under general rules and regulations adopted by the
director of financial management with the advice of the state
auditor. Payments to suppliers for subsistence and lodging
expenses of individuals in travel status shall not result in a
cost to the state in excess of what would be payable by way
of reimbursements to the individuals involved. [1979 c 151 §
85; 1977 ex.s. c 312 § 4.]
Effective date—Construction—1977 ex.s. c 312: See note following
RCW 43.03.050.
43.03.110
43.03.110 Moving expenses of employees. Whenever
it is reasonably necessary to the successful performance of
the required duty of a state office, commission, department or
institution to transfer a deputy or other employee from one
station to another within the state, thereby necessitating a
change of such deputy's or employee's domicile, it shall be
lawful for such office, commission, department or institution
to move such deputy's or employee's household goods and
effects to the new station at the expense of the state, or to
defray the actual cost of such removal by common carrier, or
otherwise, at the expense of the state, in which latter event
reimbursement to the deputy or employee shall be upon
voucher submitted by him and approved by the department
head. [1967 ex.s. c 16 § 1; 1965 c 8 § 43.03.110. Prior: 1943
c 128 § 1; Rem. Supp. 1943 § 9948-1.]
43.03.120
43.03.120 Moving expenses of new employees. Any
state office, commission, department or institution may also
pay the moving expenses of a new employee, necessitated by
his acceptance of state employment, pursuant to mutual
agreement with such employee in advance of his employment: PROVIDED, That if such employee is in the classified
service as defined in chapter 41.06 RCW, that said employee
has been duly certified from an eligible register. No such
offer or agreement for such payment shall be made to a prospective member of the classified service, prior to such certification, except through appropriate public announcement by
the department of personnel, or other corresponding personnel agency as provided by chapter 41.06 RCW. Payment for
all expenses authorized by RCW 43.03.060, 43.03.110
through 43.03.210 including moving expenses of new
employees, exempt or classified, and others, shall be subject
[Title 43 RCW—page 13]
43.03.125
Title 43 RCW: State Government—Executive
to reasonable regulations promulgated by the director of
financial management, including regulations defining allowable moving costs: PROVIDED, That, if the new employee
terminates or causes termination of his employment with the
state within one year of the date of employment, the state
shall be entitled to reimbursement for the moving costs which
have been paid and may withhold such sum as necessary
therefor from any amounts due the employee. [1979 c 151 §
86; 1967 ex.s. c 16 § 2.]
43.03.125 Relocation compensation for domiciliary
moves. An agency may, within existing resources, authorize
lump sum relocation compensation when it determines it is
necessary to successfully recruit and retain qualified candidates who will have to make a domiciliary move in order to
accept the position. It is lawful for a state office, commission,
department, or institution to, within existing resources,
authorize lump sum relocation compensation as authorized
by rule under chapter 41.06 RCW and in accordance with the
provisions of chapter 43.88 RCW. If the person receiving the
relocation payment terminates or causes termination with the
state, for reasons other than layoff, disability separation, or
other good cause as determined by an agency director, within
one year of the date of the employment, the state is entitled to
reimbursement of the lump sum compensation. [1999 c 297
§ 2.]
43.03.125
Findings—1999 c 297: "The legislature finds that recruiting and retaining a highly qualified work force is essential to deliver high quality public
programs. One factor that impairs recruitment or transfer of public employees is the housing cost differential between the rural and urban areas of the
state. This housing cost differential can cause state employees to decline promotional or transfer opportunities if the costs associated with such moves are
not compensated.
Therefore, the legislature finds that it is in the interest of the citizens of
the state of Washington to authorize an employing agency to offer assistance
to state employees to relocate from one part of the state to another. This
assistance is referred to as relocation compensation and is commonplace
with private and federal government employers." [1999 c 297 § 1.]
43.03.130
43.03.130 Travel expenses of prospective employees.
Any state office, commission, department or institution may
agree to pay the travel expenses of a prospective employee as
an inducement for such applicant to travel to a designated
place to be interviewed by and for the convenience of such
agency: PROVIDED, That if such employment is to be in the
classified service, such offer may be made only on the
express authorization of the state department of personnel, or
other corresponding personnel agency as provided by chapter
41.06 RCW, to applicants reporting for a merit system examination or to applicants from an eligible register reporting for
a pre-employment interview. Travel expenses authorized for
prospective employees called for interviews shall be payable
at rates in accordance with RCW 43.03.050 and 43.03.060 as
now existing or hereafter amended. When an applicant is
called to be interviewed by or on behalf of more than one
agency, the authorized travel expenses may be paid directly
by the authorizing personnel department or agency, subject to
reimbursement from the interviewing agencies on a pro rata
basis.
In the case of both classified and exempt positions, such
travel expenses will be paid only for applicants being considered for the positions of director, deputy director, assistant
director, or supervisor of state departments, boards or com[Title 43 RCW—page 14]
missions; or equivalent or higher positions; or engineers, or
other personnel having both executive and professional status. In the case of the state investment board, such travel
expenses may also be paid for applicants being considered
for investment officer positions. In the case of four-year institutions of higher education, such travel expenses will be paid
only for applicants being considered for academic positions
above the rank of instructor or professional or administrative
employees in supervisory positions. In the case of community
and technical colleges, such travel expenses may be paid for
applicants being considered for full-time faculty positions or
administrative employees in supervisory positions. [2000 c
153 § 1; 1993 c 93 § 1; 1975-'76 2nd ex.s. c 34 § 96; 1967
ex.s. c 16 § 3.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
43.03.150
43.03.150 Advance payment of travel expenses—
Authorized. Whenever it becomes necessary for an elective
or appointive official or employee of the state to travel and to
incur expenses for which reimbursement may be made, it
shall be the policy of the state to make reasonable allowances
to such officers and employees in advance of expenditure, on
request of such officer or employee, under appropriate rules
and regulations prescribed by the director of financial management. [1979 c 151 § 87; 1967 ex.s. c 16 § 6.]
43.03.160
43.03.160 Advance payment of travel expenses—
"Department" defined. "Department", as used herein, shall
mean every department, office, agency or institution of state
government. [1967 ex.s. c 16 § 7.]
43.03.170
43.03.170 Advance payment of travel expenses—
Advance warrants—Issuance—Limitations. The head of
any state department may issue an advance warrant on the
request of any officer or employee for the purpose of defraying his anticipated reimbursable expenses while traveling on
business of such state department away from his designated
post of duty, except expenses in connection with the use of a
personal automobile. The amount of such advance shall not
exceed the amount of such reasonably anticipated expenses
of the officer or employee to be necessarily incurred in the
course of such business of the state for a period of not to
exceed ninety days. Department heads shall establish written
policies prescribing a reasonable amount for which such warrants may be written. [1979 ex.s. c 71 § 1; 1967 ex.s. c 16 §
8.]
43.03.180
43.03.180 Advance payment of travel expenses—
Itemized travel expense voucher to be submitted—
Repayment of unexpended portion of advance—Default.
On or before the tenth day following each month in which
such advance was furnished to the officer or employee, he
shall submit to the head of his department a fully itemized
travel expense voucher fully justifying the expenditure of
such advance or whatever part thereof has been expended, for
legally reimbursable items on behalf of the state. Any unexpended portion of such advance shall be returned to the
agency at the close of the authorized travel period. Payment
shall accompany such itemized voucher at the close of the
(2004 Ed.)
Salaries and Expenses
travel period; and may be made by check or similar instrument payable to the department. Any default in accounting
for or repaying an advance shall render the full amount which
is unpaid immediately due and payable with interest at the
rate of ten percent per annum from the date of default until
paid. [1967 ex.s. c 16 § 9.]
43.03.190
43.03.190 Advance payment of travel expenses—
Lien against and right to withhold funds payable until
proper accounting or repaying of advance made. To protect the state from any losses on account of advances made as
provided in RCW 43.03.150 through 43.03.210, the state
shall have a prior lien against and a right to withhold any and
all funds payable or to become payable by the state to such
officer or employee to whom such advance has been given as
provided in RCW 43.03.150 through 43.03.210, up to the
amount of such advance and interest at the rate of ten percent
per annum, until such time as repayment or justification has
been made. [1979 ex.s. c 71 § 2; 1967 ex.s. c 16 § 10.]
43.03.200
43.03.200 Advance payment of travel expenses—
Advances construed. An advance made under RCW
43.03.150 through 43.03.210 shall be considered as having
been made to such officer or employee to be expended by
him as an agent of the state for state purposes only, and specifically to defray necessary costs while performing his official duties. No such advance shall be considered for any purpose as a loan to such officer or employee, and any unauthorized expenditure of such funds shall be considered a
misappropriation of state funds by a custodian of such funds.
[1967 ex.s. c 16 § 11.]
43.03.210
43.03.210 Advance payment of travel expenses—
Director of financial management to prescribe rules and
regulations to carry out RCW 43.03.150 through
43.03.210. The director of financial management may prescribe rules and regulations to assist in carrying out the purposes of RCW 43.03.150 through 43.03.210 including regulation of travel by officers and employees and the conditions
under which per diem and mileage shall be paid, so as to
improve efficiency and conserve funds and to insure proper
use and accountability of travel advances strictly in the public
interest and for public purposes only. [1979 c 151 § 88; 1967
ex.s. c 16 § 12.]
43.03.220
43.03.220 Compensation of members of part-time
boards and commissions—Class one groups. (1) Any parttime board, commission, council, committee, or other similar
group which is established by the executive, legislative, or
judicial branch to participate in state government and which
functions primarily in an advisory, coordinating, or planning
capacity shall be identified as a class one group.
(2) Absent any other provision of law to the contrary, no
money beyond the customary reimbursement or allowance
for expenses may be paid by or through the state to members
of class one groups for attendance at meetings of such
groups. [1984 c 287 § 2.]
Legislative findings—1984 c 287: "The legislature finds that members
of part-time boards, commissions, councils, committees, and other similar
groups established by the executive, legislative, or judicial branches of state
government make a valuable contribution to the public welfare. This time
(2004 Ed.)
43.03.240
and talent so generously donated to the state is gratefully acknowledged.
The legislature further finds that membership on certain part-time
groups involves responsibility for major policy decisions and represents a
significant demand on the time and resources of members. The demands and
responsibilities are well beyond reasonable expectations of an individual's
gratuitous contribution to the public welfare. It is therefore appropriate to
provide compensation to members of specific qualifying groups and further
to provide three levels of compensation based on the responsibilities of the
group and the time required to perform the group's statutory duties." [1984
c 287 § 1.]
Section headings—1984 c 287: "Section headings and captions used in
RCW 43.03.220 through 43.03.250 do not constitute any part of the law."
[1984 c 287 § 114.]
Severability—1984 c 287: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 287 § 115.]
Effective date—1984 c 287: "This act shall take effect on July 1,
1985." [1984 c 287 § 116.]
43.03.230
43.03.230 Compensation of members of part-time
boards and commissions—Class two groups. (1) Any
agricultural commodity board or commission established
pursuant to Title 15 or 16 RCW shall be identified as a class
two group for purposes of compensation.
(2) Except as otherwise provided in this section, each
member of a class two group is eligible to receive compensation in an amount not to exceed one hundred dollars for each
day during which the member attends an official meeting of
the group or performs statutorily prescribed duties approved
by the chairperson of the group. A person shall not receive
compensation for a day of service under this section if the
person (a) occupies a position, normally regarded as full-time
in nature, in any agency of the federal government, Washington state government, or Washington state local government;
and (b) receives any compensation from such government for
working that day.
(3) Compensation may be paid a member under this section only if it is authorized under the law dealing in particular
with the specific group to which the member belongs or dealing in particular with the members of that specific group.
[2001 c 315 § 11; 1984 c 287 § 3.]
Legislative findings—Section headings—Severability—Effective
date—1984 c 287: See notes following RCW 43.03.220.
43.03.240 Compensation of members of part-time
boards and commissions—Class three groups. (1) Any
part-time, statutory board, commission, council, committee,
or other similar group which has rule-making authority, performs quasi judicial functions, has responsibility for the
administration or policy direction of a state agency or program, or performs regulatory or licensing functions with
respect to a specific profession, occupation, business, or
industry shall be identified as a class three group for purposes
of compensation.
(2) Except as otherwise provided in this section, each
member of a class three group is eligible to receive compensation in an amount not to exceed fifty dollars for each day
during which the member attends an official meeting of the
group or performs statutorily prescribed duties approved by
the chairperson of the group. A person shall not receive compensation for a day of service under this section if the person
(a) occupies a position, normally regarded as full-time in
nature, in any agency of the federal government, Washington
43.03.240
[Title 43 RCW—page 15]
43.03.250
Title 43 RCW: State Government—Executive
state government, or Washington state local government; and
(b) receives any compensation from such government for
working that day.
(3) Compensation may be paid a member under this section only if it is authorized under the law dealing in particular
with the specific group to which the member belongs or dealing in particular with the members of that specific group.
[1984 c 287 § 4.]
Legislative findings—Section headings—Severability—Effective
date—1984 c 287: See notes following RCW 43.03.220.
43.03.250
43.03.250 Compensation of members of part-time
boards and commissions—Class four groups. (1) A parttime, statutory board, commission, council, committee, or
other similar group shall be identified as a class four group
for purposes of compensation if the group:
(a) Has rule-making authority, performs quasi-judicial
functions, or has responsibility for the administration or policy direction of a state agency or program;
(b) Has duties that are deemed by the legislature to be of
overriding sensitivity and importance to the public welfare
and the operation of state government; and
(c) Requires service from its members representing a significant demand on their time that is normally in excess of
one hundred hours of meeting time per year.
(2) Each member of a class four group is eligible to
receive compensation in an amount not to exceed one hundred dollars for each day during which the member attends an
official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the group. A
person shall not receive compensation for a day of service
under this section if the person (a) occupies a position, normally regarded as full-time in nature, in any agency of the
federal government, Washington state government, or Washington state local government; and (b) receives any compensation from such government for working that day.
(3) Compensation may be paid a member under this section only if it is authorized under the law dealing in particular
with the specific group to which the member belongs or dealing in particular with the members of that specific group.
[1984 c 287 § 5.]
Legislative findings—Section headings—Severability—Effective
date—1984 c 287: See notes following RCW 43.03.220.
43.03.265
43.03.265 Compensation of members of part-time
boards and commissions—Class five groups. (1) Any
part-time commission that has rule-making authority, performs quasi-judicial functions, has responsibility for the policy direction of a health profession credentialing program,
and performs regulatory and licensing functions with respect
to a health care profession licensed under Title 18 RCW shall
be identified as a class five group for purposes of compensation.
(2) Except as otherwise provided in this section, each
member of a class five group is eligible to receive compensation in an amount not to exceed two hundred fifty dollars for
each day during which the member attends an official meeting of the group or performs statutorily prescribed duties
approved by the chairperson of the group. A person shall not
receive compensation for a day of service under this section
if the person (a) occupies a position, normally regarded as
[Title 43 RCW—page 16]
full-time in nature, in any agency of the federal government,
Washington state government, or Washington state local
government; and (b) receives any compensation from such
government for working that day.
(3) Compensation may be paid a member under this section only if it is necessarily incurred in the course of authorized business consistent with the responsibilities of the commission established by law. [1999 c 366 § 1.]
43.03.300
43.03.300 Salaries of elected state officials—Legislative declaration—Purpose. The legislature hereby declares
it to be the policy of this state to base salaries of elected state
officials on realistic standards in order that such officials may
be paid according to the duties of their offices and so that citizens of the highest quality may be attracted to public service.
It is the purpose of RCW 43.03.300 through 43.03.310 to
effectuate this policy by creating a citizens' commission to
establish proper salaries for such officials, thus removing
political considerations in fixing the appropriateness of the
amount of such salaries. [1986 c 155 § 1.]
Contingent effective date—1986 c 155: "This act shall take effect on
January 1, 1987, if the proposed amendment to Article XXVIII of the state
Constitution establishing an exclusive process for changes in the salaries of
members of the legislature and other elected state officials is validly submitted and is approved and ratified by the voters at a general election held in
November, 1986. If such proposed amendment is not so submitted and
approved and ratified, this act shall be null and void in its entirety." [1986 c
155 § 16.] 1986 House Joint Resolution No. 49 was approved at the November 1986 general election. See Article XXVIII, section 1 and Amendment 78
of the state Constitution.
Severability—1986 c 155: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 155 § 15.]
43.03.305
43.03.305 Washington citizens' commission on salaries for elected officials—Generally. There is created a
commission to be known as the Washington citizens' commission on salaries for elected officials, to consist of sixteen
members appointed by the governor as provided in this section.
(1) Nine of the sixteen commission members shall be
selected by lot by the secretary of state from among those
registered voters eligible to vote at the time persons are
selected for appointment to full terms on the commission
under subsection (3) of this section. One member shall be
selected from each congressional district. The secretary shall
establish policies and procedures for conducting the selection
by lot. The policies and procedures shall include, but not be
limited to, those for notifying persons selected and for providing a new selection from a congressional district if a person selected from the district declines appointment to the
commission or if, following the person's appointment, the
person's position on the commission becomes vacant before
the end of the person's term of office.
(2) The remaining seven of the sixteen commission
members, all residents of this state, shall be selected jointly
by the speaker of the house of representatives and the president of the senate. The persons selected under this subsection
shall have had experience in the field of personnel management. Of these seven members, one shall be selected from
each of the following five sectors in this state: Private institutions of higher education; business; professional personnel
(2004 Ed.)
Salaries and Expenses
management; legal profession; and organized labor. Of the
two remaining members, one shall be a person recommended
to the speaker and the president by the chair of the Washington personnel resources board and one shall be a person recommended by majority vote of the presidents of the state's
four-year institutions of higher education.
(3) The secretary of state shall forward the names of persons selected under subsection (1) of this section and the
speaker of the house of representatives and president of the
senate shall forward the names of persons selected under subsection (2) of this section to the governor who shall appoint
these persons to the commission. Except as provided in subsection (6) of this section, the names of persons selected for
appointment to the commission shall be forwarded to the
governor not later than February 15, 1987, and not later than
the fifteenth day of February every four years through 1999.
The terms of the members selected in 1999 shall terminate
July 1, 2002, and the names of persons selected for appointment to the commission shall be forwarded to the governor
not later than July 1, 2002. Of the sixteen names forwarded to
the governor in 2002, the governor shall by lot select four of
the persons selected under subsection (1) of this section and
four of the persons selected under subsection (2) of this section to serve two-year terms, with the rest of the members
serving four-year terms. Thereafter, except as provided in
subsection (6) of this section, all members shall serve fouryear terms and the names of eight persons selected for
appointment to the commission shall be forwarded to the
governor not later than the first day of July every two years.
(4) No person may be appointed to more than two terms.
No member of the commission may be removed by the governor during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in
office or for a disqualifying change of residence.
The unexcused absence of any person who is a member
of the commission from two consecutive meetings of the
commission shall constitute the relinquishment of that person's membership on the commission. Such a relinquishment
creates a vacancy in that person's position on the commission.
A member's absence may be excused by the chair of the commission upon the member's written request if the chair
believes there is just cause for the absence. Such a request
must be received by the chair before the meeting for which
the absence is to be excused. A member's absence from a
meeting of the commission may also be excused during the
meeting for which the member is absent by the affirmative
vote of a majority of the members of the commission present
at the meeting.
(5) No state official, public employee, or lobbyist, or
immediate family member of the official, employee, or lobbyist, subject to the registration requirements of chapter
42.17 RCW is eligible for membership on the commission.
As used in this subsection the phrase "immediate family"
means the parents, spouse, siblings, children, or dependent
relative of the official, employee, or lobbyist whether or not
living in the household of the official, employee, or lobbyist.
(6) Upon a vacancy in any position on the commission, a
successor shall be selected and appointed to fill the unexpired
term. The selection and appointment shall be concluded
within thirty days of the date the position becomes vacant and
shall be conducted in the same manner as originally provided.
(2004 Ed.)
43.03.310
[1999 c 102 § 1; 1995 c 3 § 1; 1993 c 281 § 46; 1986 c 155 §
2.]
Effective date—1995 c 3: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[February 10, 1995]." [1995 c 3 § 3.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Contingent effective date—Severability—1986 c 155: See notes following RCW 43.03.300.
43.03.310
43.03.310 Duties of citizens' commission—Travel
expenses—Chair—Schedule of salaries—Publication—
Hearings. (1) The citizens' commission on salaries for
elected officials shall study the relationship of salaries to the
duties of members of the legislature, all elected officials of
the executive branch of state government, and all judges of
the supreme court, court of appeals, superior courts, and district courts, and shall fix the salary for each respective position.
(2) Except as provided otherwise in RCW 43.03.305 and
this section, the commission shall be solely responsible for its
own organization, operation, and action and shall enjoy the
fullest cooperation of all state officials, departments, and
agencies.
(3) Members of the commission shall receive no compensation for their services, but shall be eligible to receive a
subsistence allowance and travel expenses pursuant to RCW
43.03.050 and 43.03.060.
(4) The members of the commission shall elect a chair
from among their number. The commission shall set a schedule of salaries by an affirmative vote of not less than nine
members of the commission.
(5) The commission shall file its initial schedule of salaries for the elected officials with the secretary of state no later
than the first Monday in June, 1987, and shall file a schedule
biennially thereafter. Each such schedule shall be filed in legislative bill form, shall be assigned a chapter number and
published with the session laws of the legislature, and shall
be codified by the statute law committee. The signature of the
chair of the commission shall be affixed to each schedule
submitted to the secretary of state. The chair shall certify that
the schedule has been adopted in accordance with the provisions of state law and with the rules, if any, of the commission. Such schedules shall become effective ninety days after
the filing thereof, except as provided in Article XXVIII, section 1 of the state Constitution. State laws regarding referendum petitions shall apply to such schedules to the extent consistent with Article XXVIII, section 1 of the state Constitution.
(6) Before the filing of any salary schedule, the commission shall first develop a proposed salary schedule and then
hold no fewer than four regular meetings as defined by chapter 42.30 RCW to take public testimony on the proposed
schedule within the four months immediately preceding the
filing. At the last public hearing that is held as a regular meeting on the proposed schedule, the commission shall adopt the
salary schedule as originally proposed or as amended at that
meeting that will be filed with the secretary of state.
(7) All meetings, actions, hearings, and business of the
commission shall be subject in full to the open public meetings act, chapter 42.30 RCW.
[Title 43 RCW—page 17]
Chapter 43.04
Title 43 RCW: State Government—Executive
(8) Salaries of the officials referred to in subsection (1)
of this section that are in effect on January 12, 1987, shall
continue until modified by the commission under this section. [1998 c 164 § 1; 1995 c 3 § 2; 1986 c 155 § 3.]
Effective date—1995 c 3: See note following RCW 43.03.305.
Contingent effective date—Severability—1986 c 155: See notes following RCW 43.03.300.
Chapter 43.04
Chapter 43.04 RCW
USE OF STATE SEAL
Sections
43.04.010
43.04.020
43.04.030
43.04.040
43.04.050
43.04.060
43.04.070
43.04.080
43.04.090
43.04.100
43.04.900
Legislative findings.
Definitions.
Use of state seal—Official purposes.
Use of state seal—Commemorative and souvenir items—Historical, educational, and civil purposes—Application—
Fee—Licensing agreements—Rules.
Use of state seal—Prohibitions—Imitations.
Endorsements prohibited.
Civil penalties—Injunctions.
Investigations—Enforcement.
Criminal penalty.
Deposit of fees, penalties, and damages—Use.
Severability—1988 c 120.
43.04.010
43.04.010 Legislative findings. The legislature finds
that the seal of the state of Washington is a symbol of the
authority and sovereignty of the state and is a valuable asset
of its people. It is the intent of the legislature to ensure that
appropriate uses are made of the state seal and to assist the
secretary of state in the performance of the secretary's constitutional duty as custodian of the seal. [1988 c 120 § 1.]
43.04.020
43.04.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "State seal" means the seal of the state as described in
Article XVIII, section 1 of the state Constitution and in RCW
1.20.080.
(2) "Secretary" means the secretary of state and any designee of the secretary of state. [1988 c 120 § 2.]
43.04.030
43.04.030 Use of state seal—Official purposes.
Except as otherwise provided in this chapter, the state seal
shall be used for official purposes only. [1988 c 120 § 3.]
43.04.040
43.04.040 Use of state seal—Commemorative and
souvenir items—Historical, educational, and civil purposes—Application—Fee—Licensing agreements—
Rules. (1) The secretary of state may authorize the use of the
state seal on commemorative and souvenir items, and for historical, educational, and civic purposes. Such authorization
shall be in writing.
(2) Application for such authorization shall be in writing
and shall be accompanied by a filing fee, the amount of which
shall be determined by the secretary of state. The secretary
shall set the fee at a level adequate to cover the administrative
costs of processing the applications.
(3) If the secretary determines that a permitted use of the
seal could financially benefit the state, the secretary may condition authorization upon a licensing agreement to secure
those benefits for the state.
[Title 43 RCW—page 18]
(4) The secretary of state shall adopt rules under chapter
34.05 RCW to govern the use of the seal in a manner consistent with this chapter. Any rule governing the use of the seal
shall be designed to prevent inappropriate or misleading use
of the seal and to assure tasteful and high-quality reproduction of the seal. The rules shall also prescribe the circumstances when a licensing arrangement shall be required and
the method for determining licensing fees. [1988 c 120 § 4.]
43.04.050
43.04.050 Use of state seal—Prohibitions—Imitations. (1) Except as otherwise provided in RCW 43.04.040,
the state seal shall not be used on or in connection with any
advertising or promotion for any product, business, organization, service, or article whether offered for sale for profit or
offered without charge.
(2) The state seal shall never be used in a political campaign to assist or defeat any candidate for elective office.
(3) It is a violation of this chapter to use any symbol that
imitates the seal or that is deceptively similar in appearance
to the seal, in any manner that would be an improper use of
the official seal itself.
(4) Nothing in this chapter shall prohibit the reproduction of the state seal for illustrative purposes by the news
media if the reproduction by the news media is incidental to
the publication or the broadcast. Nothing in this chapter shall
prohibit a characterization of the state seal from being used in
political cartoons. [1988 c 120 § 5.]
43.04.060
43.04.060 Endorsements prohibited. No use of the
state seal may operate or be construed to operate in any way
as an endorsement of any business, organization, product,
service, or article. [1988 c 120 § 6.]
43.04.070
43.04.070 Civil penalties—Injunctions. Any person
who violates RCW 43.04.050 (1) or (3) by using the state seal
or an imitative or deceptively similar seal on or in connection
with any product, business, organization, service, or article
shall be liable for damages in a suit brought by the attorney
general. The damages shall be equal to the gross monetary
amount gained by the misuse of the state seal or the use of the
imitative or deceptively similar seal, plus attorney's fees and
other costs of the state in bringing the suit. The "gross monetary amount" is the total of the gross receipts that can be reasonably attributed to the misuse of the seal or the use of an
imitative or deceptively similar seal. In addition to the damages, the violator is subject to a civil penalty imposed by the
court in an amount not to exceed five thousand dollars. In
imposing this penalty, the court shall consider the need to
deter further violations of this chapter.
The attorney general may seek and shall be granted such
injunctive relief as is appropriate to stop or prevent violations
of this chapter. [1988 c 120 § 7.]
43.04.080
43.04.080 Investigations—Enforcement. The secretary of state shall conduct investigations for violations of this
chapter and may request enforcement by the attorney general.
[1988 c 120 § 8.]
(2004 Ed.)
Technical Assistance Programs
43.04.090
43.04.090 Criminal penalty. Any person who wilfully
violates this chapter is guilty of a misdemeanor. [1988 c 120
§ 9.]
43.04.100
43.04.100 Deposit of fees, penalties, and damages—
Use. All fees, penalties, and damages received under this
chapter shall be paid to the secretary of state and with the
exception of the filing fee authorized in RCW 43.04.040(2)
shall be deposited by the secretary into the capitol building
construction account in the state treasury, for use in the historical restoration and completion of the legislative building.
[1988 c 120 § 10.]
43.04.900
43.04.900 Severability—1988 c 120. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1988 c 120 § 13.]
Chapter 43.05 RCW
TECHNICAL ASSISTANCE PROGRAMS
Chapter 43.05
Sections
43.05.005
43.05.010
43.05.020
43.05.030
43.05.040
43.05.050
43.05.060
43.05.070
43.05.080
43.05.090
43.05.100
43.05.110
43.05.120
43.05.130
43.05.140
43.05.150
43.05.901
43.05.902
43.05.903
43.05.904
43.05.905
43.05.005
Findings.
Definitions.
Agency programs—List of technical assistance providers.
Technical assistance visit—Notice of violation.
Time to correct violations—Revisit—Issuance of penalties.
Issuance of penalty during technical assistance visit.
Department of ecology—Notice of correction.
Department of ecology—Penalty.
Application of RCW 43.05.060 and 43.05.070—Limited.
Department of labor and industries—Consultative visit,
report—Compliance inspection, citation.
Departments of agriculture, fish and wildlife, health, licensing,
natural resources—Notice of correction.
Departments of agriculture, fish and wildlife, health, licensing,
natural resources—Penalty.
Time for compliance—Extension.
Educational programs.
Pilot voluntary audit program.
Agency immunity—Enforcement authority.
Conflict with federal requirements.
Resolution of conflict with federal requirements—Notification.
Part headings not law—1995 c 403.
Severability—1995 c 403.
Findings—Short title—Intent—1995 c 403.
43.05.005 Findings. The legislature finds that, due to
the volume and complexity of laws and rules it is appropriate
for regulatory agencies to adopt programs and policies that
encourage voluntary compliance by those affected by specific rules. The legislature recognizes that a cooperative partnership between agencies and regulated parties that emphasizes education and assistance before the imposition of penalties will achieve greater compliance with laws and rules and
that most individuals and businesses who are subject to regulation will attempt to comply with the law, particularly if they
are given sufficient information. In this context, enforcement
should assure that the majority of a regulated community that
complies with the law are not placed at a competitive disadvantage and that a continuing failure to comply that is within
the control of a party who has received technical assistance is
considered by an agency when it determines the amount of
any civil penalty that is issued. [1995 c 403 § 601.]
(2004 Ed.)
43.05.030
43.05.010
43.05.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Civil penalty" means a monetary penalty administratively issued by a regulatory agency for noncompliance
with state or federal law or rules. The term does not include
any criminal penalty, damage assessments, wages, premiums, or taxes owed, or interest or late fees on any existing
obligation.
(2) "Regulatory agency" means an agency as defined in
RCW 34.05.010 that has the authority to issue civil penalties.
The term does not include the state patrol or any institution of
higher education as defined in RCW 28B.10.016.
(3) "Technical assistance" includes:
(a) Information on the laws, rules, and compliance methods and technologies applicable to the regulatory agency's
programs;
(b) Information on methods to avoid compliance problems;
(c) Assistance in applying for permits; and
(d) Information on the mission, goals, and objectives of
the program.
(4) "Technical assistance documents" means documents
prepared to provide information specified in subsection (3) of
this section entitled a technical assistance document by the
agency head or its designee. Technical assistance documents
do not include notices of correction, violation, or enforcement action. Technical assistance documents do not impose
mandatory obligations or serve as the basis for a citation.
[1999 c 236 § 1; 1995 c 403 § 602.]
43.05.020
43.05.020 Agency programs—List of technical assistance providers. All regulatory agencies shall develop programs to encourage voluntary compliance by providing technical assistance consistent with statutory requirements. The
programs shall include but are not limited to technical assistance visits, printed information, information and assistance
by telephone, training meetings, and other appropriate methods to provide technical assistance. In addition, all regulatory
agencies shall provide upon request a list of organizations,
including private companies, that provide technical assistance. This list shall be compiled by the agencies from information submitted by the organizations and shall not constitute an endorsement by an agency of any organization. [1995
c 403 § 603.]
43.05.030
43.05.030 Technical assistance visit—Notice of violation. (1) For the purposes of this chapter, a technical assistance visit is a visit by a regulatory agency to a facility, business, or other location that:
(a) Has been requested or is voluntarily accepted; and
(b) Is declared by the regulatory agency at the beginning
of the visit to be a technical assistance visit.
(2) A technical assistance visit also includes a consultative visit pursuant to RCW 49.17.250.
(3) During a technical assistance visit, or within a reasonable time thereafter, a regulatory agency shall inform the
owner or operator of the facility of any violations of law or
agency rules identified by the agency as follows:
[Title 43 RCW—page 19]
43.05.040
Title 43 RCW: State Government—Executive
(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the
applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the agency requires compliance to
be achieved;
(d) Notice of the means to contact any technical assistance services provided by the agency or others; and
(e) Notice of when, where, and to whom a request to
extend the time to achieve compliance for good cause may be
filed with the agency. [1996 c 206 § 2; 1995 c 403 § 604.]
Findings—1996 c 206: "The legislature finds that many individuals
and small businesses who are required to comply with laws and agency rules
often do not have access to the Revised Code of Washington, the Washington Administrative Code, the United States Code, or the Code of Federal
Regulations. In this case, those informed of violations do not know whether,
or to what extent, the cited law or agency rule actually applies to their situation. In order to facilitate greater understanding of the law and agency rules,
the legislature finds that those who make the effort to obtain technical assistance from a regulatory agency, and those who are issued a notice of correction, should be given the text of the specific section or subsection of the law
or agency rule they are alleged to have violated." [1996 c 206 § 1.]
43.05.040
43.05.040 Time to correct violations—Revisit—Issuance of penalties. (1) The owner and operator shall be given
a reasonable period of time to correct violations identified
during a technical assistance visit before any civil penalty
provided for by law is imposed for those violations. A regulatory agency may revisit a facility, business, or other location after a technical assistance visit and a reasonable period
of time has passed to correct violations identified by the
agency in writing and issue civil penalties as provided for by
law for any uncorrected violations.
(2) During a visit under subsection (1) of this section, the
regulatory agency may not issue civil penalties for violations
not previously identified in a technical assistance visit, unless
the violations are of the type for which the agency may issue
a citation: (a) During a technical assistance visit under RCW
43.05.050; or (b) under RCW 43.05.090. [2001 c 190 § 1;
1995 c 403 § 605.]
43.05.050
43.05.050 Issuance of penalty during technical assistance visit. A regulatory agency that observes a violation
during a technical assistance visit may issue a civil penalty as
provided for by law if: (1) The individual or business has
previously been subject to an enforcement action for the
same or similar type of violation of the same statute or rule or
has been given previous notice of the same or similar type of
violation of the same statute or rule; or (2) the issue involves
sales taxes due to the state and the individual or business is
not remitting previously collected sales taxes to the state; or
(3) the violation has a probability of placing a person in danger of death or bodily harm, has a probability of causing more
than minor environmental harm, or has a probability of causing physical damage to the property of another in an amount
exceeding one thousand dollars. [1995 c 403 § 606.]
43.05.060
43.05.060 Department of ecology—Notice of correction. (1) If in the course of any site inspection or visit that is
not a technical assistance visit, the department of ecology
becomes aware of conditions that are not in compliance with
[Title 43 RCW—page 20]
applicable laws and rules enforced by the department and are
not subject to civil penalties as provided for in RCW
43.05.070, the department may issue a notice of correction to
the responsible party that shall include:
(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the
applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the department requires compliance to be achieved;
(d) Notice of the means to contact any technical assistance services provided by the department or others; and
(e) Notice of when, where, and to whom a request to
extend the time to achieve compliance for good cause may be
filed with the department.
(2) A notice of correction is not a formal enforcement
action, is not subject to appeal, and is a public record.
(3) If the department issues a notice of correction, it shall
not issue a civil penalty for the violations identified in the
notice of correction unless the responsible party fails to comply with the notice. [1996 c 206 § 3; 1995 c 403 § 607.]
Findings—1996 c 206: See note following RCW 43.05.030.
43.05.070
43.05.070 Department of ecology—Penalty. The
department of ecology may issue a civil penalty provided for
by law without first issuing a notice of correction if: (1) The
person has previously been subject to an enforcement action
for the same or similar type of violation of the same statute or
rule or has been given previous notice of the same or similar
type of violation of the same statute or rule; or (2) compliance
is not achieved by the date established by the department in a
previously issued notice of correction, if the department has
responded to any request for review of such date by reaffirming the original date or establishing a new date; or (3) the violation has a probability of placing a person in danger of death
or bodily harm, has a probability of causing more than minor
environmental harm, or has a probability of causing physical
damage to the property of another in an amount exceeding
one thousand dollars. [1995 c 403 § 608.]
43.05.080
43.05.080 Application of RCW 43.05.060 and
43.05.070—Limited. The provisions of RCW 43.05.060 and
43.05.070 affecting civil penalties issued by the department
of ecology shall not apply to civil penalties for negligent discharge of oil as authorized under RCW 90.56.330 or to civil
penalties as authorized under RCW 90.03.600 for unlawful
use of water in violation of RCW 90.03.250 or 90.44.050.
[1995 c 403 § 609.]
43.05.090
43.05.090 Department of labor and industries—Consultative visit, report—Compliance inspection, citation.
(1) Following a consultative visit pursuant to RCW
49.17.250, the department of labor and industries shall issue
a report to the employer that the employer shall make available to its employees. The report shall contain:
(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the
applicable state or federal law or rule;
(2004 Ed.)
Technical Assistance Programs
(b) A statement of what is required to achieve compliance;
(c) The date by which the department requires compliance to be achieved;
(d) Notice of means to contact technical assistance services provided by the department; and
(e) Notice of when, where, and to whom a request to
extend the time to achieve compliance for good cause may be
filed with the department.
(2) Following a compliance inspection pursuant to RCW
49.17.120, the department of labor and industries shall issue
a citation for violations of industrial safety and health standards. The citation shall not assess a penalty if the violations:
(a) Are determined not to be of a serious nature;
(b) Have not been previously cited;
(c) Are not willful; and
(d) Do not have a mandatory penalty under chapter 49.17
RCW. [1996 c 206 § 4; 1995 c 403 § 610.]
Findings—1996 c 206: See note following RCW 43.05.030.
43.05.140
previously issued notice of correction, if the department has
responded to any request for review of such date by reaffirming the original date or establishing a new date; [or] (3) the
violation has a probability of placing a person in danger of
death or bodily harm, has a probability of causing more than
minor environmental harm, or has a probability of causing
physical damage to the property of another in an amount
exceeding one thousand dollars; or (4) the violation was committed by a business that employed fifty or more employees
on at least one day in each of the preceding twelve months. In
addition, the department of fish and wildlife may issue a civil
penalty provided for by law without first issuing a notice of
correction for a violation of any rule dealing with seasons,
catch or bag limits, gear types, or geographical areas for fish
or wildlife removal, reporting, or disposal.
This section does not apply to the civil penalties imposed
under RCW 82.38.170(13). [1998 c 176 § 84; 1995 c 403 §
612.]
Rules—Findings—Effective date—1998 c 176: See RCW 82.36.800,
82.36.900, and 82.36.901.
43.05.100
43.05.100 Departments of agriculture, fish and wildlife, health, licensing, natural resources—Notice of correction. (1) If in the course of any inspection or visit that is
not a technical assistance visit, the department of agriculture,
fish and wildlife, health, licensing, or natural resources
becomes aware of conditions that are not in compliance with
applicable laws and rules enforced by the department and are
not subject to civil penalties as provided for in RCW
43.05.110, the department may issue a notice of correction to
the responsible party that shall include:
(a) A description of the condition that is not in compliance and the text of the specific section or subsection of the
applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the department requires compliance to be achieved;
(d) Notice of the means to contact any technical assistance services provided by the department or others; and
(e) Notice of when, where, and to whom a request to
extend the time to achieve compliance for good cause may be
filed with the department.
(2) A notice of correction is not a formal enforcement
action, is not subject to appeal, and is a public record.
(3) If the department issues a notice of correction, it shall
not issue a civil penalty for the violations identified in the
notice of correction unless the responsible party fails to comply with the notice. [1996 c 206 § 5; 1995 c 403 § 611.]
Findings—1996 c 206: See note following RCW 43.05.030.
43.05.110
43.05.110 Departments of agriculture, fish and wildlife, health, licensing, natural resources—Penalty. The
department of agriculture, fish and wildlife, health, licensing,
or natural resources may issue a civil penalty provided for by
law without first issuing a notice of correction if: (1) The person has previously been subject to an enforcement action for
the same or similar type of violation of the same statute or
rule or has been given previous notice of the same or similar
type of violation of the same statute or rule; or (2) compliance
is not achieved by the date established by the department in a
(2004 Ed.)
43.05.120
43.05.120 Time for compliance—Extension. The date
for compliance established by the department of ecology,
labor and industries, agriculture, fish and wildlife, health,
licensing, or natural resources pursuant to RCW 43.05.060,
43.05.090, or 43.05.100 respectively shall provide for a reasonable time to achieve compliance. Any person receiving a
notice of correction pursuant to RCW 43.05.060 or 43.05.100
or a report or citation pursuant to RCW 43.05.090 may
request an extension of time to achieve compliance for good
cause from the issuing department. Requests shall be submitted to the issuing department and responded to by the issuing
department in writing in accordance with procedures specified by the issuing department in the notice, report, or citation. [1995 c 403 § 613.]
43.05.130
43.05.130 Educational programs. The departments of
revenue and labor and industries and the employment security department shall undertake an educational program
directed at those who have the most difficulty in determining
their tax or premium liability. The departments may rely on
information from internal data, trade associations, and businesses to determine which entities should be selected. The
educational programs may include, but not be limited to, targeted informational fact sheets, self-audits, or workshops,
and may be presented individually by the agency or in conjunction with other agencies. [1995 c 403 § 614.]
43.05.140
43.05.140 Pilot voluntary audit program. The department of revenue, the department of labor and industries in
respect to its duties in Title 51 RCW, and the employment
security department shall develop and administer a pilot voluntary audit program. Voluntary audits can be requested by
businesses from any of these agencies according to guidelines established by each agency. No penalty assessments
may be made against participants in such a program except
when the agency determines that either a good faith effort has
not been made by the taxpayer or premium payer to comply
with the law or that the taxpayer has failed to remit previously collected sales taxes to the state. The persons conduct[Title 43 RCW—page 21]
43.05.150
Title 43 RCW: State Government—Executive
ing the voluntary audit shall provide the business undergoing
the voluntary audit an audit report that describes errors or
omissions found and future reporting instructions. This program does not relieve a business from past or future tax or
premium obligations. [1995 c 403 § 615.]
43.05.150
43.05.150 Agency immunity—Enforcement authority. Nothing in this chapter obligates a regulatory agency to
conduct a technical assistance visit. The state and officers or
employees of the state shall not be liable for damages to a
person to the extent that liability is asserted to arise from providing technical assistance, or if liability is asserted to arise
from the failure of the state or officers or employees of the
state to provide technical assistance. This chapter does not
limit the authority of any regulatory agency to take any
enforcement action, other than a civil penalty, authorized by
law. This chapter shall not limit a regulatory agency's authority to issue a civil penalty as authorized by law based upon a
person's failure to comply with specific terms and conditions
of any permit or license issued by the agency to that person.
[1995 c 403 § 617.]
43.05.901
43.05.901 Conflict with federal requirements. If a
regulatory agency determines any part of this chapter to be in
conflict with federal law or program requirements, in conflict
with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, or in conflict with
the requirements for eligibility of employers in this state for
federal unemployment tax credits, the conflicting part of this
chapter shall be inoperative solely to the extent of the conflict. Any rules under this chapter shall meet federal requirements that are a necessary condition to the receipt of federal
funds by the state or the granting of federal unemployment
tax credits to employers in this state. [1995 c 403 § 619.]
Chapter 43.06
Sections
43.06.010
43.06.015
43.06.020
43.06.030
43.06.040
43.06.050
43.06.055
43.06.060
43.06.070
43.06.080
43.06.090
43.06.092
43.06.094
43.06.110
43.06.115
43.06.120
43.06.130
43.06.150
43.06.200
43.06.210
43.06.220
43.06.230
43.06.240
43.06.250
43.06.260
43.06.270
43.06.335
43.06.350
43.06.400
43.05.902
43.05.902 Resolution of conflict with federal requirements—Notification. If notified by responsible federal officials of any conflict of this chapter with federal law or program requirements or with federal requirements that are a
prescribed condition to the allocation of federal funds to the
state, the regulatory agency notified of the conflict shall
actively seek to resolve the conflict. If the agency determines
that the conflict cannot be resolved without loss of benefits or
authority to the state, the agency shall notify the governor, the
president of the senate, and the speaker of the house of representatives in writing within thirty days of making that determination. [1995 c 403 § 620.]
43.05.903
43.05.903 Part headings not law—1995 c 403. Part
headings as used in this act do not constitute any part of the
law. [1995 c 403 § 1101.]
43.05.904
43.05.904 Severability—1995 c 403. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1995 c 403 § 1105.]
43.05.905
43.05.905 Findings—Short title—Intent—1995 c
403. See note following RCW 34.05.328.
[Title 43 RCW—page 22]
Chapter 43.06 RCW
GOVERNOR
43.06.410
43.06.415
43.06.420
43.06.425
43.06.435
43.06.450
43.06.455
43.06.460
General powers and duties.
Interstate oil compact commission—Governor may join.
Records to be kept.
Appointments to senate for confirmation—Notice.
Lieutenant governor acts in governor's absence.
Powers and duties of acting governor.
Governor-elect—Appropriation to provide office and staff.
Expense of publishing proclamations.
Removal of appointive officers.
Removal of appointive officers—Statement of reasons to be
filed.
Removal of appointive officers—Filling of vacancy.
Gubernatorial appointees—Continuation of service—
Appointments to fill vacancies.
Gubernatorial appointees—Removal prior to confirmation.
Economic opportunity act programs—State participation—
Authority of governor.
Militarily impacted area—Declaration by governor.
Federal funds and programs—Acceptance of funds by governor authorized—Administration and disbursement.
Federal funds and programs—Payment of travel expenses of
committees, councils, or other bodies.
Federal funds and programs—Participating agencies to notify
director of financial management, joint legislative audit and
review committee and legislative council—Progress reports.
Definitions.
Proclamations—Generally—State of emergency.
State of emergency—Powers of governor pursuant to proclamation.
State of emergency—Destroying or damaging property or
causing personal injury—Penalty.
State of emergency—Disorderly conduct after emergency proclaimed—Penalty.
State of emergency—Refusing to leave public way or property
when ordered—Penalty.
State of emergency—Prosecution of persons sixteen years or
over as adults.
State of emergency—State militia or state patrol—Use in
restoring order.
Washington quality award council—Organization—Duties.
Foreign nationals or citizens, convicted offenders—Transfers
and sentences.
Listing of reduction in revenues from tax exemptions to be
submitted to legislature by department of revenue—Periodic
review and submission of recommendations to legislature by
governor.
State internship program—Governor's duties.
State internship program coordinator—Rules.
Undergraduate internship program—Executive fellows program.
Interns—Effect of employment experience—Rights of reversion—Fringe benefits—Sick and vacation leave.
Interns—Effect on full time equivalent staff position limitations.
Cigarette tax contracts—Intent—Finding—Limitations.
Cigarette tax contracts—Requirements—Use of revenue—
Enforcement—Definitions.
Cigarette tax contracts—Eligible tribes—Tax rate.
Appointing power
accountancy board: RCW 18.04.035.
administrator for the courts, submission of list for appointment from:
RCW 2.56.010.
architects board of registration: RCW 18.08.330.
board of registration of professional engineers and land surveyors: RCW
18.43.030.
board of tax appeals: RCW 82.03.020.
center for volunteerism and citizen service: RCW 43.150.040.
clemency and pardons board: RCW 9.94A.880.
college district boards of trustees: RCW 28B.50.100.
council for the prevention of child abuse and neglect: RCW 43.121.020.
court of appeals vacancy: State Constitution Art. 4 § 30; RCW 2.06.080.
criminal justice training commission: RCW 43.101.030.
degree-granting institutions, attorney general participation: Chapter
28B.85 RCW.
department of ecology, director of: RCW 43.21A.050.
department of social and health services, secretary of: RCW 43.20A.040.
(2004 Ed.)
Governor
directors of state departments and agencies: RCW 43.17.020.
electrical advisory board members: RCW 19.28.311.
energy facility site evaluation council: RCW 80.50.030.
financial management, director: RCW 43.41.060.
fish and wildlife commission: RCW 77.04.030.
higher education facilities authority: RCW 28B.07.030.
industrial insurance appeals board: RCW 51.52.010.
information services board: RCW 43.105.032.
interagency committee for outdoor recreation: RCW 79A.25.110.
investment board members: RCW 43.33A.020.
judges of court of appeals, vacancy: State Constitution Art. 4 § 30; RCW
2.06.080.
judges of superior court, vacancy: State Constitution Art. 4 § 5; RCW
2.08.120.
vacancy resulting from creation of additional judgeship: RCW
2.08.069.
justices of supreme court, vacancy: State Constitution Art. 4 § 3; RCW
2.04.100.
license examining committee: RCW 43.24.060.
militia officers: State Constitution Art. 10 § 2.
optometry board members: RCW 18.54.030.
Pacific marine fisheries commission, appointment of representatives to:
RCW 77.75.040.
pharmacy board: RCW 18.64.001.
physical therapy board committee: RCW 18.74.020.
podiatric medical board: RCW 18.22.013.
pollution control hearings board of the state: RCW 43.21B.020,
43.21B.030.
private vocational schools, attorney general participation: Chapter
28C.10 RCW.
public printer: RCW 43.78.010.
railroad policemen: RCW 81.60.010.
real estate commission: RCW 18.85.071.
regents of educational institutions: State Constitution Art. 13 § 1.
state arts commission: RCW 43.46.015.
state board for community and technical colleges: RCW 28B.50.050,
28B.50.070.
state board of health: RCW 43.20.030.
state college boards of trustees: RCW 28B.40.100.
state patrol chief: RCW 43.43.020.
statute law committee members: RCW 1.08.001.
superior court vacancy: State Constitution Art. 4 § 5; RCW 2.08.069,
2.08.120.
supreme court vacancy: State Constitution Art. 4 § 3; RCW 2.04.100.
traffic safety commission: RCW 43.59.030.
transportation commission members: RCW 47.01.051.
uniform legislation commission: RCW 43.56.010.
United States senator, filling vacancy in office of: RCW 29A.28.030.
University of Washington board of regents: RCW 28B.20.100.
utilities and transportation commission: RCW 80.01.010.
vacancies in
appointive office filled by: State Constitution Art. 3 § 13.
court of appeals, filled by: State Constitution Art. 4 § 30; RCW
2.06.080.
legislature, duties: State Constitution Art. 2 § 15.
superior court, filled by: State Constitution Art. 4 § 5; RCW 2.08.069,
2.08.120.
supreme court, filled by: State Constitution Art. 4 § 3; RCW 2.04.100.
veterinary board of governors: RCW 18.92.021.
visiting judges of superior court: RCW 2.08.140.
Washington personnel resources board: RCW 41.06.110.
Washington State University board of regents: RCW 28B.30.100.
Approval of laws: State Constitution Art. 3 § 12.
Associations of municipal corporations or officers to furnish information to
governor: RCW 44.04.170.
Attorney general, advice to governor: RCW 43.10.030.
Chapter 43.06
Commutation of death sentence, power to commute: RCW 10.01.120.
Continuity of government in event of enemy attack, succession to office of
governor: RCW 42.14.020.
Council for the prevention of child abuse and neglect, jurisdiction in governor: RCW 43.121.020.
Driver license compact, executive head: RCW 46.21.040.
Election certificates issued for state and congressional offices by: RCW
29A.52.370.
Election of: State Constitution Art. 3 § 1.
Execution of laws: State Constitution Art. 3 § 5.
Extradition proceedings
power and duties as to: RCW 10.34.030.
warrant issued by: RCW 10.88.260.
Fines, power to remit: State Constitution Art. 3 § 11.
Forfeitures, power to remit: State Constitution Art. 3 § 11.
Highway
construction bonds and coupons, governor to sign: Chapter 47.10 RCW.
toll facility property sale, deed executed by: RCW 47.56.255.
Impeachment: State Constitution Art. 5 §§ 1, 2.
Indians, assumption of state jurisdiction, proclamation by governor: RCW
37.12.021.
Information in writing may be required from state officers: State Constitution Art. 3 § 5.
Interstate compact on juveniles, duties: Chapter 13.24 RCW.
Judges' retirement applications, doctors' examination report, approval and
filing of: RCW 2.12.020.
Judicial officers
extension of leave of absence of: State Constitution Art. 4 § 8.
superior court, assignment to another county by: State Constitution Art. 4
§§ 5, 7.
Labor and industries, department, biennial report to governor: RCW
43.22.330.
Legal holidays
designation of: RCW 1.16.050.
proclamation process, applicability to courts: RCW 2.28.100.
Legislature
extra session, may convene: State Constitution Art. 3 § 7.
messages to: State Constitution Art. 3 § 6.
vacancies, filled by: State Constitution Art. 2 § 15.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Marketing agreements or orders, annual audit of financial affairs under,
governor to receive reports of: RCW 15.65.490.
Messages to legislature: State Constitution Art. 3 § 6.
Militia and military affairs
commander-in-chief of militia: State Constitution Art. 3 § 8; RCW
38.08.020.
compacts with other states for guarding boundaries: RCW 38.08.100.
eminent domain for military purposes: RCW 8.04.170, 8.04.180.
martial law, proclamation by, when: RCW 38.08.030.
officers, commissioned by: State Constitution Art. 10 § 2.
personal staff: RCW 38.08.070.
rules promulgated by: RCW 38.08.090.
strength, composition, training, etc., prescribed by: RCW 38.04.040.
Motor vehicle administration, annual report of director of licensing to go to:
RCW 46.01.290.
OASI, agreement of state for participation of state and political subdivision
employees, duties concerning: Chapter 41.48 RCW.
Board of natural resources member: RCW 43.30.205.
Oath of office: RCW 43.01.020.
Bonds, notes and other evidences of indebtedness, governor's duties: Chapter 39.42 RCW.
Clemency and pardons board, established as board in office of governor:
RCW 9.94A.880.
Official bonds, approval of: RCW 42.08.100.
Commander-in-chief of state militia: State Constitution Art. 3 § 8.
Pardons
power to grant: RCW 10.01.120.
report to legislature of: State Constitution Art. 3 §§ 9, 11.
restrictions prescribed by law: State Constitution Art. 3 § 9.
Commissions issued by state, signed by: State Constitution Art. 3 § 15.
Paroles, governor may revoke: RCW 9.95.160.
(2004 Ed.)
[Title 43 RCW—page 23]
43.06.010
Title 43 RCW: State Government—Executive
Protection for governor, lieutenant governor, and governor elect, duty of
chief of state patrol to provide: RCW 43.43.035.
Puget Sound ferry and toll bridge system, governor's powers and duties
relating to: Chapter 47.60 RCW.
Registry of governor's acts kept by secretary of state: RCW 43.07.030.
Remission of fines and forfeitures report to legislature with reasons: State
Constitution Art. 3 § 11.
Reports to governor
agricultural marketing agreements or orders, audits and financial
reports: RCW 15.65.490.
agricultural marketing legislation recommendations: RCW 15.64.010.
agriculture director: RCW 43.23.130.
annual report by state officers, etc., period covered: RCW 43.01.035.
business license center: RCW 19.02.030.
department of transportation, operation and construction activities: RCW
47.01.141.
engineers and land surveyors board of registration: RCW 18.43.035.
enrollment forecasts: RCW 43.62.050.
financial management, director: RCW 43.88.160.
fish and wildlife director: RCW 77.04.120.
governor's advisory committee on agency officials' salaries: RCW
43.03.028.
horse racing commission: RCW 67.16.015.
human rights commission: RCW 49.60.100.
indeterminate sentence review board: RCW 9.95.265.
industrial insurance, violations: RCW 51.04.020.
investment activities of state investment board: RCW 43.33A.150.
judges of the supreme court to report defects or omissions in laws to:
RCW 2.04.230.
labor and industries director: RCW 43.22.330, 49.12.180.
motor vehicle administration, director of licensing: RCW 46.01.290.
prosecuting attorneys, annual report: RCW 36.27.020.
state arts commission: RCW 43.46.070.
state board for community and technical colleges: RCW 28B.50.070.
state board of health: RCW 43.20.100.
state officers: State Constitution Art. 3 § 5.
state parks and recreation commission: RCW 79A.05.030.
superintendent of public instruction, biennial report: RCW 28A.300.040.
University of Washington board of regents: RCW 28B.20.130.
veterans' rehabilitation council: RCW 43.61.040.
Reprieves
power to grant: RCW 10.01.120.
report to legislature: State Constitution Art. 3 § 11.
Residence at seat of government: State Constitution Art. 3 § 24.
Resignation by state officers and members of legislature made to: RCW
42.12.020.
Salaries of public officials, governor's duties: RCW 43.03.028 and
43.03.040.
Salary of governor, amount of: State Constitution Art. 28 § 1; RCW
43.03.010.
Sale of unneeded toll facility property, governor to execute deed: RCW
47.56.255.
School apportionment demands estimate certified to: RCW 28A.300.170.
Secretary of transportation, governor to fix salary of: RCW 47.01.031.
Security and protection for governor, lieutenant governor, and governor
elect, duty of state patrol to provide: RCW 43.43.035.
State building authority member: Chapter 43.75 RCW.
State capitol committee member: RCW 43.34.010.
State finance committee member: RCW 43.33.010.
State parks, disposal of land not needed for park purposes, conveyance
instruments executed by: RCW 79A.05.175.
State participation within student exchange compact programs—Board to
advise governor: RCW 28B.76.650.
Succession to governorship: State Constitution Art. 3 § 10.
Superior court judge, assignment to another county: State Constitution Art.
4 §§ 5, 7.
Supreme executive power vested in: State Constitution Art. 3 § 2.
Term of office: State Constitution Art. 3 § 2; RCW 43.01.010.
[Title 43 RCW—page 24]
Toll bridge bonds, governor to countersign: RCW 47.56.140.
Toll bridges, improvement of existing bridge and construction of new bridge
as single project, governor's powers and duties relating to: Chapter
47.58 RCW.
Traffic safety commission and programs, powers, duties and responsibilities
of governor: Chapter 43.59 RCW.
Unanticipated receipts, governor as state's agent to receive: RCW
43.79.260.
Unemployment compensation, delinquent payments in lieu of contributions
of political subdivisions, governor may withhold funds for: RCW
50.24.125.
Uniform interstate family support act
extradition powers and duties: RCW 26.21.640.
governor defined for purposes of: RCW 26.21.640.
United States senate, filling vacancy in: RCW 29A.28.030.
Vacancies
in court of appeals: State Constitution Art. 4 § 30; RCW 2.06.080.
in legislature, duties: State Constitution Art. 2 § 15.
in office filled by: State Constitution Art. 3 § 13.
in superior court: State Constitution Art. 4 § 5.
in supreme court: State Constitution Art. 4 § 3.
Vacancy in office of governor
election to fill: State Constitution Art. 3 § 10.
succession to: State Constitution Art. 3 § 10.
Veto
initiatives and referendums, power does not extend to: State Constitution
Art. 2 § 1.
power of: State Constitution Art. 3 § 12.
Voluntary action center, establishment by governor: RCW 43.150.040.
Washington scholars' program, participation in: RCW 28A.600.100
through 28A.600.150.
Water pollution control, powers and duties pertaining to: RCW 90.48.260,
90.48.262.
43.06.010
43.06.010 General powers and duties. In addition to
those prescribed by the Constitution, the governor may exercise the powers and perform the duties prescribed in this and
the following sections:
(1) The governor shall supervise the conduct of all executive and ministerial offices;
(2) The governor shall see that all offices are filled,
including as provided in RCW 42.12.070, and the duties
thereof performed, or in default thereof, apply such remedy
as the law allows; and if the remedy is imperfect, acquaint the
legislature therewith at its next session;
(3) The governor shall make the appointments and supply the vacancies mentioned in this title;
(4) The governor is the sole official organ of communication between the government of this state and the government of any other state or territory, or of the United States;
(5) Whenever any suit or legal proceeding is pending
against this state, or which may affect the title of this state to
any property, or which may result in any claim against the
state, the governor may direct the attorney general to appear
on behalf of the state, and report the same to the governor, or
to any grand jury designated by the governor, or to the legislature when next in session;
(6) The governor may require the attorney general or any
prosecuting attorney to inquire into the affairs or management of any corporation existing under the laws of this state,
or doing business in this state, and report the same to the governor, or to any grand jury designated by the governor, or to
the legislature when next in session;
(2004 Ed.)
Governor
(7) The governor may require the attorney general to aid
any prosecuting attorney in the discharge of the prosecutor's
duties;
(8) The governor may offer rewards, not exceeding one
thousand dollars in each case, payable out of the state treasury, for information leading to the apprehension of any person convicted of a felony who has escaped from a state correctional institution or for information leading to the arrest of
any person who has committed or is charged with the commission of a felony;
(9) The governor shall perform such duties respecting
fugitives from justice as are prescribed by law;
(10) The governor shall issue and transmit election proclamations as prescribed by law;
(11) The governor may require any officer or board to
make, upon demand, special reports to the governor, in writing;
(12) The governor may, after finding that a public disorder, disaster, energy emergency, or riot exists within this state
or any part thereof which affects life, health, property, or the
public peace, proclaim a state of emergency in the area
affected, and the powers granted the governor during a state
of emergency shall be effective only within the area
described in the proclamation;
(13) The governor may, after finding that there exists
within this state an imminent danger of infestation of plant
pests as defined in RCW 17.24.007 or plant diseases which
seriously endangers the agricultural or horticultural industries of the state of Washington, or which seriously threatens
life, health, or economic well-being, order emergency measures to prevent or abate the infestation or disease situation,
which measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides;
(14) On all compacts forwarded to the governor pursuant
to RCW 9.46.360(6), the governor is authorized and empowered to execute on behalf of the state compacts with federally
recognized Indian tribes in the state of Washington pursuant
to the federal Indian Gaming Regulatory Act, 25 U.S.C. Sec.
2701 et seq., for conducting class III gaming, as defined in
the Act, on Indian lands. [1994 c 223 § 3; 1993 c 142 § 5;
1992 c 172 § 1; 1991 c 257 § 22; 1982 c 153 § 1; 1979 ex.s. c
53 § 4; 1977 ex.s. c 289 § 15; 1975-'76 2nd ex.s. c 108 § 25;
1969 ex.s. c 186 § 8; 1965 c 8 § 43.06.010. Prior: 1890 p 627
§ 1; RRS § 10982.]
Severability—1992 c 172: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1992 c 172 § 4.]
Severability—Effective date—1982 c 153: See notes following RCW
17.24.210.
Severability—1979 ex.s. c 53: See RCW 10.85.900.
Severability—1977 ex.s. c 289: See RCW 43.131.901.
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
Rewards by county legislative authorities: Chapter 10.85 RCW.
43.06.015
43.06.015 Interstate oil compact commission—Governor may join. The governor is authorized, on behalf of the
state of Washington, to join the interstate oil compact commission as an associate member and to become an active
member thereof if and when oil and gas are produced in
(2004 Ed.)
43.06.060
Washington in commercial quantities and to attend meetings
and participate in the activities carried on by said commission
either in person or by a duly authorized representative. [1965
c 8 § 43.06.015. Prior: 1953 c 47 § 1.]
Interstate compact to conserve oil and gas: 65 Stat. 199 (P. L. 128, ch. 350)
Aug. 28, 1951. Associate membership authorized by Art. 9 § 2 of the
commission's bylaws.
43.06.020
43.06.020 Records to be kept. The governor must
cause to be kept the following records:
First, a register of all pardons, commutations, executive
paroles, final discharges, and restorations of citizenship made
by him;
Second, an account of all his disbursements of state moneys, and of all rewards offered by him for the apprehension of
criminals and persons charged with crime;
Third, a register of all appointments made by him with
date of commission, name of appointee and name of predecessor, if any. [1965 c 8 § 43.06.020. Prior: 1921 c 28 § 1;
1890 p 628 § 2; RRS § 10983.]
43.06.030
43.06.030 Appointments to senate for confirmation—Notice. For a gubernatorial appointment to be effective, the governor must transmit to the secretary of the senate
notice of the appointment, along with pertinent information
regarding the appointee, within fourteen days after making
any appointment subject to senate confirmation. [1981 c 338
§ 12; 1965 c 8 § 43.06.030. Prior: 1890 p 629 § 3; RRS §
10984.]
43.06.040
43.06.040 Lieutenant governor acts in governor's
absence. If the governor absents himself from the state, he
shall, prior to his departure, notify the lieutenant governor of
his proposed absence, and during such absence the lieutenant
governor shall perform all the duties of the governor. [1965
c 8 § 43.06.040. Prior: 1890 p 629 § 6; RRS § 10985.]
Duties of lieutenant governor: State Constitution Art. 3 § 16.
43.06.050
43.06.050 Powers and duties of acting governor.
Every provision of law in relation to the powers and duties of
the governor, and in relation to acts and duties to be performed by others towards him, extends to the person performing for the time being the duties of governor. [1965 c 8
§ 43.06.050. Prior: 1890 p 629 § 4; RRS § 10986.]
43.06.055
43.06.055 Governor-elect—Appropriation to provide office and staff. The legislature preceding the gubernatorial election shall make an appropriation which may only
be expended by a newly elected governor other than the
incumbent for the purpose of providing office and staff for
the governor-elect preparatory to his assumption of duties as
governor. The funds for the appropriation shall be made
available to him not later than thirty days prior to the date
when the legislature will convene. [1969 ex.s. c 88 § 1.]
43.06.060
43.06.060 Expense of publishing proclamations.
When the governor is authorized or required by law to issue a
proclamation, payment for publishing it shall be made out of
the state treasury. [1965 c 8 § 43.06.060. Prior: 1881 p 45 §§
1-3; Code 1881 § 2367; RRS § 10988.]
[Title 43 RCW—page 25]
43.06.070
Title 43 RCW: State Government—Executive
43.06.070
43.06.070 Removal of appointive officers. The governor may remove from office any state officer appointed by
him not liable to impeachment, for incompetency, misconduct, or malfeasance in office. [1965 c 8 § 43.06.070. Prior:
1893 c 101 § 1; RRS § 10988.]
43.06.080
43.06.080 Removal of appointive officers—Statement of reasons to be filed. Whenever the governor is satisfied that any officer not liable to impeachment has been
guilty of misconduct, or malfeasance in office, or is incompetent, he shall file with the secretary of state a statement showing his reasons, with his order of removal, and the secretary
of state shall forthwith send a certified copy of such order of
removal and statement of causes by registered mail to the last
known post office address of the officer in question. [1965 c
8 § 43.06.080. Prior: 1893 c 101 § 2; RRS § 10989.]
43.06.090
43.06.090 Removal of appointive officers—Filling of
vacancy. At the time of making any removal from office, the
governor shall appoint some proper person to fill the office,
who shall forthwith demand and receive from the officer
removed the papers, records, and property of the state pertaining to the office, and shall perform the duties of the office
and receive the compensation thereof until his successor is
appointed. [1965 c 8 § 43.06.090. Prior: 1893 c 101 § 3;
RRS § 10990.]
43.06.092
43.06.092 Gubernatorial appointees—Continuation
of service—Appointments to fill vacancies. (1) Any gubernatorial appointee subject to senate confirmation shall continue to serve unless rejected by a vote of the senate. An
appointee who is rejected by a vote of the senate shall not be
reappointed to the same position for a period of one year from
termination of service.
(2) Any person appointed by the governor to fill the
unexpired term of an appointment subject to senate confirmation must also be confirmed by the senate. [1981 c 338 § 2.]
43.06.094
43.06.094 Gubernatorial appointees—Removal prior
to confirmation. Gubernatorial appointees subject to senate
confirmation, other than those who serve at the governor's
pleasure, may not be removed from office without cause by
the governor prior to confirmation except upon consent of the
senate as provided for by the rules of the senate. [1981 c 338
§ 1.]
43.06.110
43.06.110 Economic opportunity act programs—
State participation—Authority of governor. The governor, or his designee, is hereby authorized and empowered to
undertake such programs as will, in the judgment of the governor, or his designee, enable families and individuals of all
ages, in rural and urban areas, in need of the skills, knowledge, motivations, and opportunities to become economically
self-sufficient to obtain and secure such skills, knowledge,
motivations, and opportunities. Such programs may be
engaged in as solely state operations, or in conjunction or
cooperation with any appropriate agency of the federal government, any branch or agency of the government of this
state, any city or town, county, municipal corporation, metropolitan municipal corporation or other political subdivision
[Title 43 RCW—page 26]
of the state, or any private corporation. Where compliance
with the provisions of federal law or rules or regulations promulgated thereunder is a necessary condition to the receipt of
federal funds by the state, the governor or his designee, is
hereby authorized to comply with such laws, rules or regulations to the extent necessary for the state to cooperate most
fully with the federal government in furtherance of the programs herein authorized. [1971 ex.s. c 177 § 2; 1965 c 14 §
2.]
County participation in Economic Opportunity Act programs: RCW
36.32.410.
43.06.115
43.06.115 Militarily impacted area—Declaration by
governor. (1) The governor may, by executive order, after
consultation with or notification of the executive-legislative
committee on economic development created by *chapter . . .
(Senate Bill No. 5300), Laws of 1993, declare a community
to be a "military impacted area." A "military impacted area"
means a community or communities, as identified in the
executive order, that experience serious social and economic
hardships because of a change in defense spending by the
federal government in that community or communities.
(2) If the governor executes an order under subsection
(1) of this section, the governor shall establish a response
team to coordinate state efforts to assist the military impacted
community. The response team may include, but not be limited to, one member from each of the following agencies: (a)
The department of community, trade, and economic development; (b) the department of social and health services; (c) the
employment security department; (d) the state board for community and technical colleges; (e) the higher education coordinating board; and (f) the department of transportation. The
governor may appoint a response team coordinator. The governor shall seek to actively involve the impacted community
or communities in planning and implementing a response to
the crisis. The governor may seek input or assistance from the
community diversification advisory committee, and the governor may establish task forces in the community or communities to assist in the coordination and delivery of services to
the local community. The state and community response shall
consider economic development, human service, and training
needs of the community or communities impacted. [1998 c
245 § 47; 1996 c 186 § 505; 1995 c 399 § 61; 1993 c 421 § 2.]
*Reviser's note: Senate Bill No. 5300 was vetoed by the governor.
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Finding—Intent—1993 c 421: "The legislature finds that military base
expansions, closures, and defense procurement contract cancellations may
have extreme economic impacts on communities and firms. The legislature
began to address this concern in 1990 by establishing the community diversification program in the department of community development. While this
program has helped military dependent communities begin the long road to
diversification, base expansions or closures or major procurement contract
reductions in the near future will find these communities unable to respond
adequately, endangering the health, safety, and welfare of the community.
The legislature intends to target emergency state assistance to military
dependent communities significantly impacted by defense spending. The
emergency state assistance and the long-term strategy should be driven by
the impacted community and consistent with the state plan for diversification
required under RCW 43.63A.450(4)." [1993 c 421 § 1.]
43.06.120
43.06.120 Federal funds and programs—Acceptance
of funds by governor authorized—Administration and
(2004 Ed.)
Governor
disbursement. The governor is authorized to accept on
behalf of the state of Washington funds provided by any act
of congress for the benefit of the state or its political subdivisions. He is further authorized to administer and disburse
such funds, or to designate an agency to administer and disburse them, until the legislature otherwise directs. [1967
ex.s. c 41 § 1.]
43.06.130
43.06.130 Federal funds and programs—Payment of
travel expenses of committees, councils, or other bodies.
Members of advisory committees, councils, or other bodies
established to meet requirements of acts of congress may be
paid travel expenses incurred pursuant to RCW 43.03.050
and 43.03.060 as now existing or hereafter amended from
such funds as may be available by legislative appropriation or
as may otherwise be available as provided by law. [1975-'76
2nd ex.s. c 34 § 97; 1973 2nd ex.s. c 17 § 1; 1967 ex.s. c 41 §
2.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
43.06.150
43.06.150 Federal funds and programs—Participating agencies to notify director of financial management,
joint legislative audit and review committee and legislative council—Progress reports. See RCW 43.88.205.
43.06.200
43.06.200 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereinafter used in RCW 43.06.010, and 43.06.200
through 43.06.270 each as now or hereafter amended shall
have the following meaning:
"State of emergency" means an emergency proclaimed
as such by the governor pursuant to RCW 43.06.010 as now
or hereafter amended.
"Governor" means the governor of this state or, in case
of his removal, death, resignation or inability to discharge the
powers and duties of his office, then the person who may
exercise the powers of governor pursuant to the Constitution
and laws of this state relating to succession in office.
"Criminal offense" means any prohibited act for which
any criminal penalty is imposed by law and includes any misdemeanor, gross misdemeanor, or felony. [1977 ex.s. c 328 §
11; 1975-'76 2nd ex.s. c 108 § 26; 1969 ex.s. c 186 § 1.]
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
Provisions cumulative—1969 ex.s. c 186: "The provisions of this act
shall be cumulative to and shall not operate to repeal any other laws, or local
ordinances, except those specifically mentioned in this act." [1969 ex.s. c
186 § 10.]
Severability—1969 ex.s. c 186: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 ex.s. c 186 § 11.]
Energy supply emergencies: Chapter 43.21G RCW.
43.06.210
43.06.210 Proclamations—Generally—State of
emergency. The proclamation of a state of emergency and
other proclamations or orders issued by the governor pursuant to RCW 43.06.010, and 43.06.200 through 43.06.270 as
now or hereafter amended shall be in writing and shall be
(2004 Ed.)
43.06.220
signed by the governor and shall then be filed with the secretary of state. The governor shall give as much public notice as
practical through the news media of the issuance of proclamations or orders pursuant to RCW 43.06.010, and 43.06.200
through 43.06.270 as now or hereafter amended. The state of
emergency shall cease to exist upon the issuance of a proclamation of the governor declaring its termination: PROVIDED, That the governor must terminate said state of emergency proclamation when order has been restored in the area
affected. [1977 ex.s. c 328 § 12; 1975-'76 2nd ex.s. c 108 §
27; 1969 ex.s. c 186 § 2.]
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
Energy supply emergencies: Chapter 43.21G RCW.
43.06.220 State of emergency—Powers of governor
pursuant to proclamation. (1) The governor after proclaiming a state of emergency and prior to terminating such, may,
in the area described by the proclamation issue an order prohibiting:
(a) Any person being on the public streets, or in the public parks, or at any other public place during the hours
declared by the governor to be a period of curfew;
(b) Any number of persons, as designated by the governor, from assembling or gathering on the public streets,
parks, or other open areas of this state, either public or private;
(c) The manufacture, transfer, use, possession or transportation of a molotov cocktail or any other device, instrument or object designed to explode or produce uncontained
combustion;
(d) The transporting, possessing or using of gasoline,
kerosene, or combustible, flammable, or explosive liquids or
materials in a glass or uncapped container of any kind except
in connection with the normal operation of motor vehicles,
normal home use or legitimate commercial use;
(e) The possession of firearms or any other deadly
weapon by a person (other than a law enforcement officer) in
a place other than that person's place of residence or business;
(f) The sale, purchase or dispensing of alcoholic beverages;
(g) The sale, purchase or dispensing of other commodities or goods, as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or
the public peace;
(h) The use of certain streets, highways or public ways
by the public; and
(i) Such other activities as he or she reasonably believes
should be prohibited to help preserve and maintain life,
health, property or the public peace.
(2) In imposing the restrictions provided for by RCW
43.06.010, and 43.06.200 through 43.06.270, the governor
may impose them for such times, upon such conditions, with
such exceptions and in such areas of this state he or she from
time to time deems necessary.
(3) Any person willfully violating any provision of an
order issued by the governor under this section is guilty of a
gross misdemeanor. [2003 c 53 § 222; 1969 ex.s. c 186 § 3.]
43.06.220
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
[Title 43 RCW—page 27]
43.06.230
Title 43 RCW: State Government—Executive
43.06.230
43.06.230 State of emergency—Destroying or damaging property or causing personal injury—Penalty.
After the proclamation of a state of emergency as provided in
RCW 43.06.010, any person who maliciously destroys or
damages any real or personal property or maliciously injures
another is guilty of a class B felony and upon conviction
thereof shall be imprisoned in a state correctional facility for
not less than two years nor more than ten years. [2003 c 53 §
223; 1992 c 7 § 39; 1969 ex.s. c 186 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
43.06.240
43.06.240 State of emergency—Disorderly conduct
after emergency proclaimed—Penalty. After the proclamation of a state of emergency pursuant to RCW 43.06.010,
every person who:
(1) Wilfully causes public inconvenience, annoyance, or
alarm, or recklessly creates a risk thereof, by:
(a) engaging in fighting or in violent, tumultuous, or
threatening behavior; or
(b) making an unreasonable noise or an offensively
coarse utterance, gesture, or display, or addressing abusive
language to any person present; or
(c) dispersing any lawful procession or meeting of persons, not being a peace officer of this state and without lawful
authority; or
(d) creating a hazardous or physically offensive condition which serves no legitimate purpose; or
(2) Engages with at least one other person in a course of
conduct as defined in subsection (1) of this section which is
likely to cause substantial harm or serious inconvenience,
annoyance, or alarm, and refuses or knowingly fails to obey
an order to disperse made by a peace officer shall be guilty of
disorderly conduct and be punished by imprisonment in the
county jail for not more than one year or fined not more than
one thousand dollars or by both fine and imprisonment.
[1969 ex.s. c 186 § 5.]
43.06.335 Washington quality award council—Organization—Duties. (1) The Washington quality award council shall be organized as a private, nonprofit corporation, in
accordance with chapter 24.03 RCW and this section.
(2) The council shall oversee the governor's Washington
state quality award program. The purpose of the program is
to improve the overall competitiveness of the state's economy
by stimulating Washington state industries, business, and
organizations to bring about measurable success through setting standards of organizational excellence, encouraging
organizational self-assessment, identifying successful organizations as role models, and providing a valuable mechanism for promoting and strengthening a commitment to continuous quality improvement in all sectors of the state's economy. The governor shall annually present the award to
organizations that improve the quality of their products and
services and are noteworthy examples of high-performing
work organizations, as determined by the council in consultation with the governor or appointed representative.
(3) The governor shall appoint a representative to serve
on the board of directors of the council.
(4) The council shall establish a board of examiners, a
recognition committee, and such other committees or subgroups as it deems appropriate to carry out its responsibilities.
(5) The council may conduct such public information,
research, education, and assistance programs as it deems
appropriate to further quality improvement in organizations
operating in the state of Washington.
(6) The council shall:
(a) Approve and announce award recipients;
(b) Approve guidelines to examine applicant organizations;
(c) Approve appointment of board of examiners; and
(d) Arrange appropriate annual awards and recognition
for recipients. [2004 c 245 § 1; 2000 c 216 § 1; 1998 c 245 §
86; 1997 c 329 § 1; 1994 c 306 § 1. Formerly RCW
43.07.290, 43.330.140.]
43.06.335
43.06.350 Foreign nationals or citizens, convicted
offenders—Transfers and sentences. Whenever any convicted offender, who is a citizen or national of a foreign country and is under the jurisdiction of the department of corrections, requests transfer to the foreign country of which he or
she is a citizen or national, under a treaty on the transfer of
offenders entered into between the United States and a foreign country, the governor or the governor's designee:
(1) May grant the approval of the state to such transfer as
provided in the treaty; and
(2) Shall have, notwithstanding any provision of chapter
9.95 or 72.68 RCW, the plenary authority to fix the duration
of the offender's sentence, if not otherwise fixed, whenever a
fixed sentence is a condition precedent to transfer. [1983 c
255 § 9.]
43.06.350
43.06.250
43.06.250 State of emergency—Refusing to leave
public way or property when ordered—Penalty. Any person upon any public way or any public property, within the
area described in the state of emergency, who is directed by a
public official to leave the public way or public property and
refuses to do so shall be guilty of a misdemeanor. [1969 ex.s.
c 186 § 6.]
43.06.260
43.06.260 State of emergency—Prosecution of persons sixteen years or over as adults. After the proclamation
of a state of emergency as provided in RCW 43.06.010 any
person sixteen years of age or over who violates any provision of RCW 43.06.010, and 43.06.200 through 43.06.270
shall be prosecuted as an adult. [1969 ex.s. c 186 § 7.]
Severability—1983 c 255: See RCW 72.74.900.
43.06.270
43.06.270 State of emergency—State militia or state
patrol—Use in restoring order. The governor may in his
discretion order the state militia pursuant to chapter 38.08
RCW or the state patrol to assist local officials to restore
order in the area described in the proclamation of a state of
emergency. [1969 ex.s. c 186 § 9.]
[Title 43 RCW—page 28]
43.06.400 Listing of reduction in revenues from tax
exemptions to be submitted to legislature by department
of revenue—Periodic review and submission of recommendations to legislature by governor. Beginning in January 1984, and in January of every fourth year thereafter, the
43.06.400
(2004 Ed.)
Governor
department of revenue shall submit to the legislature prior to
the regular session a listing of the amount of reduction for the
current and next biennium in the revenues of the state or the
revenues of local government collected by the state as a result
of tax exemptions. The listing shall include an estimate of the
revenue lost from the tax exemption, the purpose of the tax
exemption, the persons, organizations, or parts of the population which benefit from the tax exemption, and whether or
not the tax exemption conflicts with another state program.
The listing shall include but not be limited to the following
revenue sources:
(1) Real and personal property tax exemptions under
Title 84 RCW;
(2) Business and occupation tax exemptions, deductions,
and credits under chapter 82.04 RCW;
(3) Retail sales and use tax exemptions under chapters
82.08, 82.12, and 82.14 RCW;
(4) Public utility tax exemptions and deductions under
chapter 82.16 RCW;
(5) Food fish and shellfish tax exemptions under chapter
82.27 RCW;
(6) Leasehold excise tax exemptions under chapter
82.29A RCW;
(7) Motor vehicle and special fuel tax exemptions and
refunds under chapters 82.36 and 82.38 RCW;
(8) Aircraft fuel tax exemptions under chapter 82.42
RCW;
(9) Motor vehicle excise tax exclusions under chapter
82.44 RCW; and
(10) Insurance premiums tax exemptions under chapter
48.14 RCW.
The department of revenue shall prepare the listing
required by this section with the assistance of any other agencies or departments as may be required.
The department of revenue shall present the listing to the
ways and means committees of each house in public hearings.
Beginning in January 1984, and every four years thereafter the governor is requested to review the report from the
department of revenue and may submit recommendations to
the legislature with respect to the repeal or modification of
any tax exemption. The ways and means committees of each
house and the appropriate standing committee of each house
shall hold public hearings and take appropriate action on the
recommendations submitted by the governor.
As used in this section, "tax exemption" means an
exemption, exclusion, or deduction from the base of a tax; a
credit against a tax; a deferral of a tax; or a preferential tax
rate. [1999 c 372 § 5; 1987 c 472 § 16; 1983 2nd ex.s. c 3 §
60.]
Severability—1987 c 472: See RCW 79.71.900.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Review and termination of tax preferences: Chapter 43.136 RCW.
43.06.410 State internship program—Governor's
duties. There is established within the office of the governor
the Washington state internship program to assist students
and state employees in gaining valuable experience and
knowledge in various areas of state government. In administering the program, the governor shall:
43.06.410
(2004 Ed.)
43.06.420
(1) Consult with the secretary of state, the director of
personnel, the commissioner of the employment security
department, and representatives of labor;
(2) Encourage and assist agencies in developing intern
positions;
(3) Develop and coordinate a selection process for placing individuals in intern positions. This selection process
shall give due regard to the responsibilities of the state to provide equal employment opportunities;
(4) Develop and coordinate a training component of the
internship program which balances the need for training and
exposure to new ideas with the intern's and agency's need for
on-the-job work experience;
(5) Work with institutions of higher education in developing the program, soliciting qualified applicants, and selecting participants; and
(6) Develop guidelines for compensation of the participants. [1993 c 281 § 47; 1985 c 442 § 1.]
Effective date—1993 c 281: See note following RCW 41.06.022.
Construction—1985 c 442: "Nothing in this act shall be construed to
limit the authority of state agencies to continue or establish other internship
programs or positions." [1985 c 442 § 10.]
Severability—1985 c 442: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 442 § 11.]
43.06.415
43.06.415 State internship program coordinator—
Rules. (1) The governor may appoint a coordinator to assist
in administering the program created by RCW 43.06.410.
(2) The governor shall adopt such rules as are necessary
to administer RCW 43.06.410. [1985 c 442 § 2.]
Construction—Severability—1985 c 442: See notes following RCW
43.06.410.
43.06.420
43.06.420 Undergraduate internship program—
Executive fellows program. The state internship program
shall consist of two individual internship programs as follows:
(1) An undergraduate internship program consisting of
three-month to six-month positions for students working
toward an undergraduate degree. In addition, a public sector
employee, whether working toward a degree or not, shall be
eligible to participate in the program upon the written recommendation of the head of the employee's agency.
(2) An executive fellows program consisting of one-year
to two-year placements for students who have successfully
completed at least one year of graduate level work and have
demonstrated a substantial interest in public sector management. Positions in this program shall be as assistants or analysts at the midmanagement level or higher. In addition, a
public sector employee, whether working toward an
advanced degree or not, or who has not successfully completed one year of graduate-level work as required by this
subsection, shall be eligible to participate in the program
upon the written recommendation of the head of the
employee's agency. Participants in the executive fellows program who were not public employees prior to accepting a
position in the program shall receive insurance and retirement credit commensurate with other employees of the
employing agency. [1985 c 442 § 3.]
[Title 43 RCW—page 29]
43.06.425
Title 43 RCW: State Government—Executive
Construction—Severability—1985 c 442: See notes following RCW
43.06.410.
43.06.425
43.06.425 Interns—Effect of employment experience—Rights of reversion—Fringe benefits—Sick and
vacation leave. The director of personnel shall adopt rules to
provide that:
(1) Successful completion of an internship under RCW
43.06.420 shall be considered as employment experience at
the level at which the intern was placed;
(2) Persons leaving classified or exempt positions in
state government in order to take an internship under RCW
43.06.420: (a) Have the right of reversion to the previous
position at any time during the internship or upon completion
of the internship; and (b) shall continue to receive all fringe
benefits as if they had never left their classified or exempt
positions;
(3) Participants in the undergraduate internship program
who were not public employees prior to accepting a position
in the program receive sick leave allowances commensurate
with other state employees;
(4) Participants in the executive fellows program who
were not public employees prior to accepting a position in the
program receive sick and vacation leave allowances commensurate with other state employees. [2002 c 354 § 229;
1993 c 281 § 48; 1985 c 442 § 4.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
Construction—Severability—1985 c 442: See notes following RCW
43.06.410.
State internship program—Positions exempt from chapter 41.06 RCW:
RCW 41.06.088.
43.06.435
43.06.435 Interns—Effect on full time equivalent
staff position limitations. An agency shall not be deemed to
exceed any limitation on full time equivalent staff positions
on the basis of intern positions established under RCW
43.06.420. [1985 c 442 § 6.]
Construction—Severability—1985 c 442: See notes following RCW
43.06.410.
43.06.450
43.06.450 Cigarette tax contracts—Intent—Finding—Limitations. The legislature intends to further the government-to-government relationship between the state of
Washington and Indians in the state of Washington by authorizing the governor to enter into contracts concerning the sale
of cigarettes. The legislature finds that these cigarette tax
contracts will provide a means to promote economic development, provide needed revenues for tribal governments and
Indian persons, and enhance enforcement of the state's cigarette tax law, ultimately saving the state money and reducing
conflict. In addition, it is the intent of the legislature that the
negotiations and the ensuing contracts shall have no impact
on the state's share of the proceeds under the master settlement agreement entered into on November 23, 1998, by the
state. Chapter 235, Laws of 2001 does not constitute a grant
of taxing authority to any Indian tribe nor does it provide precedent for the taxation of non-Indians on fee land. [2001 c
235 § 1.]
[Title 43 RCW—page 30]
43.06.455
43.06.455 Cigarette tax contracts—Requirements—
Use of revenue—Enforcement—Definitions. (1) The governor may enter into cigarette tax contracts concerning the
sale of cigarettes. All cigarette tax contracts shall meet the
requirements for cigarette tax contracts under this section.
Except for cigarette tax contracts under RCW 43.06.460, the
rates, revenue sharing, and exemption terms of a cigarette tax
contract are not effective unless authorized in a bill enacted
by the legislature.
(2) Cigarette tax contracts shall be in regard to retail
sales in which Indian retailers make delivery and physical
transfer of possession of the cigarettes from the seller to the
buyer within Indian country, and are not in regard to transactions by non-Indian retailers. In addition, contracts shall provide that retailers shall not sell or give, or permit to be sold or
given, cigarettes to any person under the age of eighteen
years.
(3) A cigarette tax contract with a tribe shall provide for
a tribal cigarette tax in lieu of all state cigarette taxes and state
and local sales and use taxes on sales of cigarettes in Indian
country by Indian retailers. The tribe may allow an exemption for sales to tribal members.
(4) Cigarette tax contracts shall provide that all cigarettes
possessed or sold by a retailer shall bear a cigarette stamp
obtained by wholesalers from a bank or other suitable stamp
vendor and applied to the cigarettes. The procedures to be
used by the tribe in obtaining tax stamps must include a
means to assure that the tribal tax will be paid by the wholesaler obtaining such cigarettes. Tribal stamps must have
serial numbers or some other discrete identification so that
each stamp can be traced to its source.
(5) Cigarette tax contracts shall provide that retailers
shall purchase cigarettes only from:
(a) Wholesalers or manufacturers licensed to do business
in the state of Washington;
(b) Out-of-state wholesalers or manufacturers who,
although not licensed to do business in the state of Washington, agree to comply with the terms of the cigarette tax contract, are certified to the state as having so agreed, and who do
in fact so comply. However, the state may in its sole discretion exercise its administrative and enforcement powers over
such wholesalers or manufacturers to the extent permitted by
law;
(c) A tribal wholesaler that purchases only from a wholesaler or manufacturer described in (a), (b), or (d) of this subsection; and
(d) A tribal manufacturer.
(6) Cigarette tax contracts shall be for renewable periods
of no more than eight years. A renewal may not include a
renewal of the phase-in period.
(7) Cigarette tax contracts shall include provisions for
compliance, such as transport and notice requirements,
inspection procedures, stamping requirements, recordkeeping, and audit requirements.
(8) Tax revenue retained by a tribe must be used for
essential government services. Use of tax revenue for subsidization of cigarette and food retailers is prohibited.
(9) The cigarette tax contract may include provisions to
resolve disputes using a nonjudicial process, such as mediation.
(2004 Ed.)
Office of the Family and Children’s Ombudsman
(10) The governor may delegate the power to negotiate
cigarette tax contracts to the department of revenue. The
department of revenue shall consult with the liquor control
board during the negotiations.
(11) Information received by the state or open to state
review under the terms of a contract is subject to the provisions of RCW 82.32.330.
(12) It is the intent of the legislature that the liquor control board and the department of revenue continue the division of duties and shared authority under chapter 82.24 RCW
and therefore the liquor control board is responsible for
enforcement activities that come under the terms of chapter
82.24 RCW.
(13) Each cigarette tax contract shall include a procedure
for notifying the other party that a violation has occurred, a
procedure for establishing whether a violation has in fact
occurred, an opportunity to correct such violation, and a provision providing for termination of the contract should the
violation fail to be resolved through this process, such termination subject to mediation should the terms of the contract
so allow. A contract shall provide for termination of the contract if resolution of a dispute does not occur within twentyfour months from the time notification of a violation has
occurred. Intervening violations do not extend this time
period. In addition, the contract shall include provisions
delineating the respective roles and responsibilities of the
tribe, the department of revenue, and the liquor control board.
(14) For purposes of this section and RCW 43.06.460,
82.08.0316, 82.12.0316, and 82.24.295:
(a) "Essential government services" means services such
as tribal administration, public facilities, fire, police, public
health, education, job services, sewer, water, environmental
and land use, transportation, utility services, and economic
development;
(b) "Indian retailer" or "retailer" means (i) a retailer
wholly owned and operated by an Indian tribe, (ii) a business
wholly owned and operated by a tribal member and licensed
by the tribe, or (iii) a business owned and operated by the
Indian person or persons in whose name the land is held in
trust; and
(c) "Indian tribe" or "tribe" means a federally recognized
Indian tribe located within the geographical boundaries of the
state of Washington. [2001 c 235 § 2.]
43.06.460 Cigarette tax contracts—Eligible tribes—
Tax rate. (1) The governor is authorized to enter into cigarette tax contracts with the Squaxin Island Tribe, the
Nisqually Tribe, Tulalip Tribes, the Muckleshoot Indian
Tribe, the Quinault Nation, the Jamestown S'Klallam Indian
Tribe, the Port Gamble S'Klallam Tribe, the Stillaguamish
Tribe, the Sauk-Suiattle Tribe, the Skokomish Indian Tribe,
the Yakama Nation, the Suquamish Tribe, the Nooksack
Indian Tribe, the Lummi Nation, the Chehalis Confederated
Tribes, the Upper Skagit Tribe, the Snoqualmie Tribe, the
Swinomish Tribe, the Samish Indian Nation, the Quileute
Tribe, and the Kalispel Tribe. Each contract adopted under
this section shall provide that the tribal cigarette tax rate be
one hundred percent of the state cigarette and state and local
sales and use taxes within three years of enacting the tribal
tax and shall be set no lower than eighty percent of the state
cigarette and state and local sales and use taxes during the
43.06.460
(2004 Ed.)
43.06A.020
three-year phase-in period. The three-year phase-in period
shall be shortened by three months each quarter the number
of cartons of nontribal manufactured cigarettes is at least
ten percent or more than the quarterly average number of cartons of nontribal manufactured cigarettes from the six-month
period preceding the imposition of the tribal tax under the
contract. Sales at a retailer operation not in existence as of
the date a tribal tax under this section is imposed are subject
to the full rate of the tribal tax under the contract. The tribal
cigarette tax is in lieu of the state cigarette and state and local
sales and use taxes, as provided in RCW 43.06.455(3).
(2) A cigarette tax contract under this section is subject
to RCW 43.06.455. [2003 c 236 § 1; 2002 c 87 § 1; 2001 2nd
sp.s. c 21 § 1; 2001 c 235 § 3.]
Chapter 43.06A
Chapter 43.06A RCW
OFFICE OF THE FAMILY
AND CHILDREN'S OMBUDSMAN
Sections
43.06A.010
43.06A.020
43.06A.030
43.06A.050
43.06A.060
43.06A.070
43.06A.080
43.06A.085
43.06A.090
43.06A.100
43.06A.900
Office created—Purpose.
Ombudsman—Appointment, term of office.
Duties.
Confidentiality.
Admissibility of evidence—Testimony regarding official
duties.
Release of identifying information.
Inapplicability of privilege in RCW 43.06A.060.
Liability for good faith performance—Privileged communications.
Report of conduct warranting criminal or disciplinary proceedings.
Communication with children in custody of department of
social and health services—Access to information in possession or control of department or state institutions.
Construction.
43.06A.010
43.06A.010 Office created—Purpose. There is hereby
created an office of the family and children's ombudsman
within the office of the governor for the purpose of promoting
public awareness and understanding of family and children
services, identifying system issues and responses for the governor and the legislature to act upon, and monitoring and
ensuring compliance with administrative acts, relevant statutes, rules, and policies pertaining to family and children's
services and the placement, supervision, and treatment of
children in the state's care or in state-licensed facilities or residences. The ombudsman shall report directly to the governor
and shall exercise his or her powers and duties independently
of the secretary. [1996 c 131 § 2.]
Effective date—1996 c 131 §§ 1-3: See note following RCW
44.04.220.
43.06A.020
43.06A.020 Ombudsman—Appointment, term of
office. (1) Subject to confirmation by the senate, the governor shall appoint an ombudsman who shall be a person of recognized judgment, independence, objectivity, and integrity,
and shall be qualified by training or experience, or both, in
family and children's services law and policy. Prior to the
appointment, the governor shall consult with, and may
receive recommendations from the committee, regarding the
selection of the ombudsman.
(2) The person appointed ombudsman shall hold office
for a term of three years and shall continue to hold office until
[Title 43 RCW—page 31]
43.06A.030
Title 43 RCW: State Government—Executive
43.06A.060
Effective date—1998 c 288: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 2, 1998]." [1998 c 288 § 9.]
43.06A.060 Admissibility of evidence—Testimony
regarding official duties. Neither the ombudsman nor the
ombudsman's staff may be compelled, in any judicial or
administrative proceeding, to testify or to produce evidence
regarding the exercise of the official duties of the ombudsman or of the ombudsman's staff. All related memoranda,
work product, notes, and case files of the ombudsman's office
are confidential, are not subject to discovery, judicial or
administrative subpoena, or other method of legal compulsion, and are not admissible in evidence in a judicial or
administrative proceeding. This section shall not apply to the
*legislative oversight committee. [1998 c 288 § 1.]
Effective date—1996 c 131 §§ 1-3: See note following RCW
44.04.220.
*Reviser's note: "Legislative oversight committee" apparently refers to
the "legislative children's oversight committee" created in RCW 44.04.220.
reappointed or until his or her successor is appointed. The
governor may remove the ombudsman only for neglect of
duty, misconduct, or inability to perform duties. Any vacancy
shall be filled by similar appointment for the remainder of the
unexpired term. [1998 c 288 § 7; 1996 c 131 § 3.]
Severability—1998 c 288: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1998 c 288 § 8.]
43.06A.030
43.06A.030 Duties. The ombudsman shall perform the
following duties:
(1) Provide information as appropriate on the rights and
responsibilities of individuals receiving family and children's
services, and on the procedures for providing these services;
(2) Investigate, upon his or her own initiative or upon
receipt of a complaint, an administrative act alleged to be
contrary to law, rule, or policy, imposed without an adequate
statement of reason, or based on irrelevant, immaterial, or
erroneous grounds; however, the ombudsman may decline to
investigate any complaint as provided by rules adopted under
this chapter;
(3) Monitor the procedures as established, implemented,
and practiced by the department to carry out its responsibilities in delivering family and children's services with a view
toward appropriate preservation of families and ensuring
children's health and safety;
(4) Review periodically the facilities and procedures of
state institutions serving children, and state-licensed facilities
or residences;
(5) Recommend changes in the procedures for addressing the needs of families and children;
(6) Submit annually to the committee and to the governor by November 1 a report analyzing the work of the office
including recommendations;
(7) Grant the committee access to all relevant records in
the possession of the ombudsman unless prohibited by law;
and
(8) Adopt rules necessary to implement this chapter.
[1996 c 131 § 4.]
43.06A.050
43.06A.050 Confidentiality. The ombudsman shall
treat all matters under investigation, including the identities
of service recipients, complainants, and individuals from
whom information is acquired, as confidential, except as far
as disclosures may be necessary to enable the ombudsman to
perform the duties of the office and to support any recommendations resulting from an investigation. Upon receipt of
information that by law is confidential or privileged, the
ombudsman shall maintain the confidentiality of such information and shall not further disclose or disseminate the information except as provided by applicable state or federal law.
Investigative records of the office of the ombudsman are confidential and are exempt from public disclosure under chapter
42.17 RCW. [1996 c 131 § 6.]
[Title 43 RCW—page 32]
Severability—Effective date—1998 c 288: See notes following RCW
43.06A.020.
43.06A.070
43.06A.070 Release of identifying information. Identifying information about complainants or witnesses shall not
be subject to any method of legal compulsion, nor shall such
information be revealed to the *legislative oversight committee or the governor except under the following circumstances: (1) The complainant or witness waives confidentiality; (2) under a legislative subpoena when there is a legislative investigation for neglect of duty or misconduct by the
ombudsman or ombudsman's office when the identifying
information is necessary to the investigation of the ombudsman's acts; or (3) under an investigation or inquiry by the
governor as to neglect of duty or misconduct by the ombudsman or ombudsman's office when the identifying information
is necessary to the investigation of the ombudsman' [ombudsman's] acts.
For the purposes of this section, "identifying information" includes the complainant's or witness's name, location,
telephone number, likeness, social security number or other
identification number, or identification of immediate family
members. [1998 c 288 § 2.]
*Reviser's note: "Legislative oversight committee" apparently refers to
the "legislative children's oversight committee" created in RCW 44.04.220.
Severability—Effective date—1998 c 288: See notes following RCW
43.06A.020.
43.06A.080
43.06A.080 Inapplicability of privilege in RCW
43.06A.060. The privilege described in RCW 43.06A.060
does not apply when:
(1) The ombudsman or ombudsman's staff member has
direct knowledge of an alleged crime, and the testimony, evidence, or discovery sought is relevant to that allegation;
(2) The ombudsman or a member of the ombudsman's
staff has received a threat of, or becomes aware of a risk of,
imminent serious harm to any person, and the testimony, evidence, or discovery sought is relevant to that threat or risk;
(3) The ombudsman has been asked to provide general
information regarding the general operation of, or the general
processes employed at, the ombudsman's office; or
(4) The ombudsman or ombudsman's staff member has
direct knowledge of a failure by any person specified in RCW
26.44.030, including the state family and children's ombudsman or any volunteer in the ombudsman's office, to comply
with RCW 26.44.030. [1998 c 288 § 3.]
(2004 Ed.)
Secretary of State
Severability—Effective date—1998 c 288: See notes following RCW
43.06A.020.
Chapter 43.07
Severability—Effective date—1998 c 288: See notes following RCW
43.06A.020.
43.06A.085
43.06A.085 Liability for good faith performance—
Privileged communications. (1) An employee of the office
of the family and children's ombudsman is not liable for good
faith performance of responsibilities under this chapter.
(2) No discriminatory, disciplinary, or retaliatory action
may be taken against an employee of the department, an
employee of a contracting agency of the department, a foster
parent, or a recipient of family and children's services for any
communication made, or information given or disclosed, to
aid the office of the family and children's ombudsman in carrying out its responsibilities, unless the communication or
information is made, given, or disclosed maliciously or without good faith. This subsection is not intended to infringe on
the rights of the employer to supervise, discipline, or terminate an employee for other reasons.
(3) All communications by an ombudsman, if reasonably
related to the requirements of that individual's responsibilities under this chapter and done in good faith, are privileged
under RCW 9.58.070 and that privilege shall serve as a
defense in any action in libel or slander. [1999 c 390 § 7.]
Chapter 43.07
Sections
43.07.010
43.07.020
43.07.030
43.07.035
43.07.037
43.07.040
43.07.050
43.07.090
43.07.100
43.07.110
43.07.120
43.07.125
43.07.130
43.07.140
43.07.150
43.07.160
43.07.170
43.07.173
43.06A.090
43.06A.090 Report of conduct warranting criminal
or disciplinary proceedings. When the ombudsman or
ombudsman's staff member has reasonable cause to believe
that any public official, employee, or other person has acted
in a manner warranting criminal or disciplinary proceedings,
the ombudsman or ombudsman's staff member shall report
the matter, or cause a report to be made, to the appropriate
authorities. [1998 c 288 § 4.]
Severability—Effective date—1998 c 288: See notes following RCW
43.06A.020.
43.06A.100
43.06A.100 Communication with children in custody
of department of social and health services—Access to
information in possession or control of department or
state institutions. The department of social and health services shall:
(1) Allow the ombudsman or the ombudsman's designee
to communicate privately with any child in the custody of the
department for the purposes of carrying out its duties under
this chapter;
(2) Permit the ombudsman or the ombudsman's designee
physical access to state institutions serving children, and state
licensed facilities or residences for the purpose of carrying
out its duties under this chapter;
(3) Upon the ombudsman's request, grant the ombudsman or the ombudsman's designee the right to access, inspect,
and copy all relevant information, records, or documents in
the possession or control of the department that the ombudsman considers necessary in an investigation; and
(4) Grant the office of the family and children's ombudsman unrestricted on-line access to the case and management
information system (CAMIS) for the purpose of carrying out
its duties under this chapter. [1999 c 390 § 5.]
43.06A.900
43.06A.900 Construction. Nothing in this chapter shall
be construed to conflict with the duty to report specified in
RCW 26.44.030. [1998 c 288 § 5.]
(2004 Ed.)
Chapter 43.07 RCW
SECRETARY OF STATE
43.07.175
43.07.180
43.07.190
43.07.200
43.07.205
43.07.210
43.07.220
43.07.230
43.07.240
43.07.300
43.07.310
43.07.350
43.07.365
43.07.370
43.07.380
Official bond.
Assistant and deputy secretary of state.
General duties.
Memorandum of agreement or contract for secretary of state's
services with state agencies or private entities.
Gifts, grants, conveyances—Receipt, sale—Rules.
Custodian of state records.
Bureau of statistics—Secretary ex officio commissioner.
Bureau of statistics—Power to obtain statistics—Penalty.
Bureau of statistics—Information confidential—Penalty.
Bureau of statistics—Deputy commissioner.
Fees.
Fees—Charitable trusts—Charitable solicitations.
Secretary of state's revolving fund—Publication fees authorized, disposition.
Materials specifically authorized to be printed and distributed.
Uniform commercial code powers, duties, and functions transferred to department of licensing.
Authenticating officers—Appointment authorized—Use of
facsimile signature.
Establishment of a corporate filing system using other methods authorized.
Facsimile transmissions—Acceptance and filing by the secretary of state.
Copies of certain filed documents to insurance commissioner.
Staggered corporate license renewal system authorized.
Use of a summary face sheet or cover sheet with the filing of
certain documents authorized.
Business license center as secretary of state's agent for corporate renewals—Proposals for—Schedule.
Contract to issue conditional federal employer identification
numbers, credentials, and documents in conjunction with
license applications.
Filing false statements—Penalty.
Oral history program.
Oral history advisory committee—Members.
Oral history advisory committee—Duties.
Division of elections—Director.
Division of elections—Duties.
Citizens' exchange program.
Oral history activities—Funding—Rules.
Oral history, state library, and archives programs—Gifts,
grants, conveyances—Rules.
Oral history, state library, and archives account.
Acquisition and disposition of highway property, powers and duties relating
to: Chapter 47.12 RCW.
Address confidentiality: Chapter 40.24 RCW.
Attests commissions issued by state: State Constitution Art. 3 § 15.
Attorney for former residents and nonresidents for service of process arising
out of motor vehicle operation in this state: RCW 46.64.040.
Bonds deposited with
state auditor: RCW 43.09.010.
state officers' bonds: RCW 43.07.030.
state treasurer: RCW 43.08.020.
Charitable trusts: Chapter 11.110 RCW.
Civil rights, issuance of copies of instruments restoring civil rights: RCW
5.44.090.
County seats, removal, notice: RCW 36.12.070.
Duties: State Constitution Art. 3 § 17.
Election of: State Constitution Art. 3 § 1.
Elections
ballot titles, notice of contents: RCW 29A.36.040.
certificates of election, issuance by: RCW 29A.52.370.
chief election officer: RCW 29A.04.230.
county auditors, election laws for: RCW 29A.04.235.
presidential primary: Chapter 29A.56 RCW.
returns, certifying of: RCW 43.07.030.
[Title 43 RCW—page 33]
43.07.010
Title 43 RCW: State Government—Executive
Filing with
banks: Chapter 30.08 RCW.
corporations: Title 23B RCW.
credit unions: Chapter 31.12 RCW.
department of transportation: RCW 47.68.210.
domestic insurers: RCW 48.06.200.
engrossed bills: RCW 44.20.010.
initiatives and referendums: State Constitution Art. 2 § 1; RCW
29A.72.010, 29A.72.170.
mutual savings banks: RCW 32.08.061, 32.08.070.
railroad companies
branch lines into state: RCW 81.36.070.
consolidation with other companies: RCW 81.36.070.
purchase of property of other companies: RCW 81.36.070.
sale of property to other companies: RCW 81.36.070.
savings and loan associations: RCW 33.08.080.
standard uniforms for sheriffs: RCW 36.28.170.
statute law committee code correction orders: RCW 1.08.016.
trust companies: Chapter 30.08 RCW.
Foreign corporations, duties: Chapters 23B.01 and 23B.15 RCW.
Initiatives and referendums
acceptance or rejection of petitions for filing: RCW 29A.72.170.
filing of proposals and petitions with: State Constitution Art. 2 § 1; RCW
29A.72.010.
numbering of initiative and referendum measures: RCW 29A.72.040.
transmittal of copies to attorney general: RCW 29A.72.060.
Jury source list—Master jury list—Creation—Adoption of rules for implementation of methodology and standards by agencies: RCW 2.36.054
and 2.36.0571.
Legislative journals, custodian of: RCW 43.07.040.
Local government redistricting: Chapter 29A.76 RCW.
Massachusetts trusts, power to prescribe rules and regulations as to: RCW
23.90.040.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Oath of office: RCW 43.01.020.
Official bond: RCW 43.07.010.
Process deposited with
domestic corporation without officer in state upon whom process can be
served: RCW 4.28.090.
foreign corporation failing to maintain agent in state: RCW 23B.14.300.
nonadmitted foreign corporations having powers as to notes secured by
real estate mortgages: RCW 23B.18.040 and 23B.18.050.
nonresident or former resident motorists: RCW 46.64.040.
trademark registration actions: RCW 19.77.090.
Records, custodian of: State Constitution Art. 3 § 24; RCW 43.07.040.
Registry of governor's acts kept by: RCW 43.07.030.
Residence to be maintained at seat of government: State Constitution Art. 3
§ 24.
Salary, amount of: State Constitution Art. 3 § 17, Art. 28 § 1; RCW
43.03.010.
Sale of unneeded toll facility property, secretary to attest deed and deliver:
RCW 47.56.255.
Session laws
custodian of: RCW 43.07.040.
engrossed bill filed with: RCW 44.20.010.
numbering of: RCW 44.20.020.
State canvassing board member: RCW 29A.60.240.
Statute law committee code correction orders filed with: RCW 1.08.016.
Succession to office of governor: State Constitution Art. 3 § 10.
Term of office: State Constitution Art. 3 § 3; RCW 43.01.010.
Trademarks and trade names
filing fee: RCW 43.07.120.
registration of, duties: Chapter 19.77 RCW.
43.07.010 Official bond. The secretary of state must
execute an official bond to the state in the sum of ten thousand dollars, conditioned for the faithful performance of the
43.07.010
[Title 43 RCW—page 34]
duties of his office, and shall receive no pay until such bond,
approved by the governor, is filed with the state auditor.
[1965 c 8 § 43.07.010. Prior: 1890 p 633 § 10; RRS §
10994.]
43.07.020
43.07.020 Assistant and deputy secretary of state.
The secretary of state may have one assistant secretary of
state and one deputy secretary of state each of whom shall be
appointed by him in writing, and continue during his pleasure. The assistant secretary of state and deputy secretary of
state shall have the power to perform any act or duty relating
to the secretary of state's office, that the secretary of state has,
and the secretary of state shall be responsible for the acts of
said assistant and deputy. [1965 c 8 § 43.07.020. Prior: 1947
c 107 § 1; 1903 c 75 § 1; 1890 p 633 § 12; RRS § 10995.]
43.07.030
43.07.030 General duties. The secretary of state shall:
(1) Keep a register of and attest the official acts of the
governor;
(2) Affix the state seal, with his attestation, to commissions, pardons, and other public instruments to which the signature of the governor is required, and also attestations and
authentications of certificates and other documents properly
issued by the secretary;
(3) Record all articles of incorporation, deeds, or other
papers filed in the secretary of state's office;
(4) Receive and file all the official bonds of officers
required to be filed with the secretary of state;
(5) Take and file in the secretary of state's office receipts
for all books distributed by him;
(6) Certify to the legislature the election returns for all
officers required by the Constitution to be so certified, and
certify to the governor the names of all other persons who
have received at any election the highest number of votes for
any office the incumbent of which is to be commissioned by
the governor;
(7) Furnish, on demand, to any person paying the fees
therefor, a certified copy of all or any part of any law, record,
or other instrument filed, deposited, or recorded in the secretary of state's office;
(8) Present to the speaker of the house of representatives,
at the beginning of each regular session of the legislature during an odd-numbered year, a full account of all purchases
made and expenses incurred by the secretary of state on
account of the state;
(9) File in his office an impression of each and every seal
in use by any state officer;
[(10)] Keep a record of all fees charged or received by
the secretary of state. [1982 c 35 § 186; 1980 c 87 § 21; 1969
ex.s. c 53 § 3; 1965 c 8 § 43.07.030. Prior: 1890 p 630 § 2;
RRS § 10992.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
43.07.035
43.07.035 Memorandum of agreement or contract
for secretary of state's services with state agencies or private entities. The secretary of state shall have the authority
to enter into a memorandum of agreement or contract with
any agency of state government or private entity to provide
for the performance of any of the secretary of state's services
(2004 Ed.)
Secretary of State
or duties under the various corporation statutes of this state.
[1985 c 156 § 19; 1982 c 35 § 190.]
Severability—Effective date—1985 c 156: See RCW 42.44.902 and
42.44.903.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
43.07.037
43.07.037 Gifts, grants, conveyances—Receipt,
sale—Rules. The secretary of state and the *council may
accept gifts, grants, conveyances, bequests, and devises, of
real or personal property, or both, in trust or otherwise, and
sell, lease, exchange, invest, or expend these donations or the
proceeds, rents, profits, and income from the donations
except as limited by the donor's terms. The secretary of state
shall adopt rules to govern and protect the receipt and expenditure of the proceeds. [1996 c 253 § 105.]
*Reviser's note: 1996 c 253 § 101, which created the international education and exchange council, was vetoed.
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
43.07.040
43.07.040 Custodian of state records. The secretary of
state is charged with the custody:
(1) Of all acts and resolutions passed by the legislature;
(2) Of the journals of the legislature;
(3) Of the seal of the state;
(4) Of all books, records, deeds, parchments, maps, and
papers required to be kept on deposit in his office pursuant to
law;
(5) Of the enrolled copy of the Constitution. [1965 c 8 §
43.07.040. Prior: 1903 c 107 § 1; 1890 p 629 § 1; RRS §
10991.]
43.07.050
43.07.050 Bureau of statistics—Secretary ex officio
commissioner. The secretary of state shall be ex officio
commissioner of statistics. He shall establish within his
office, and under his immediate supervision, a bureau to be
known as the bureau of statistics, agriculture and immigration. [1965 c 8 § 43.07.050. Prior: 1895 c 85 § 1; RRS §
10933.]
43.07.090
43.07.090 Bureau of statistics—Power to obtain statistics—Penalty. The commissioner shall have the power to
send for persons and papers whenever in his opinion it is necessary, and he may examine witnesses under oath, being
hereby qualified to administer the same in the performance of
his duty, and the testimony so taken must be filed and preserved in his office. He shall have free access to all places and
works of labor, and any principal, owner, operator, manager,
or lessee of any mine, factory, workshop, warehouse, manufacturing or mercantile establishment, or any agent or
employee of any such principal, owner, operator, manager, or
lessee, who shall refuse to the commissioner or his duly
authorized representative admission therein, or who shall,
when requested by him, wilfully neglect or refuse to furnish
him any statistics or information pertaining to his lawful
duties which may be in the possession or under the control of
said principal, owner, operator, lessee, manager, or agent
thereof, shall be punished by a fine of not less than fifty nor
more than two hundred dollars. [1965 c 8 § 43.07.090. Prior:
1895 c 85 § 5; RRS § 10937.]
(2004 Ed.)
43.07.120
43.07.100 Bureau of statistics—Information confidential—Penalty. No use shall be made in the report of the
bureau of the names of individuals, firms, or corporations
supplying the information called for by these sections, such
information being deemed confidential and not for the purpose of disclosing any person's affairs; and any agent or
employee of said bureau violating this provision shall upon
conviction thereof be punished by a fine not exceeding five
hundred dollars, or by imprisonment in the county jail not to
exceed six months. [1965 c 8 § 43.07.100. Prior: 1895 c 85
§ 6; RRS § 10938.]
43.07.100
43.07.110 Bureau of statistics—Deputy commissioner. The commissioner shall appoint a deputy commissioner, who shall act in his absence, and the deputy shall
receive the sum of twelve hundred dollars per annum to be
paid by the state treasurer in the same manner as other state
officers are paid; the sum allowed for deputy and other incidental expenses of the bureau shall not exceed the sum of
three thousand dollars any one year. The commissioner shall
have authority to employ one person to act as immigration
agent, which agent shall reside in such city as said commissioner may designate, and he shall be provided with such literature and incidental accessories as in his judgment may be
necessary. [1965 c 8 § 43.07.110. Prior: 1895 c 85 § 7; RRS
§ 10939.]
43.07.110
43.07.120 Fees. (1) The secretary of state shall establish
by rule and collect the fees in this subsection:
(a) For a copy of any law, resolution, record, or other
document or paper on file in the secretary's office;
(b) For any certificate under seal;
(c) For filing and recording trademark;
(d) For each deed or patent of land issued by the governor;
(e) For recording miscellaneous records, papers, or other
documents.
(2) The secretary of state may adopt rules under chapter
34.05 RCW establishing reasonable fees for the following
services rendered under Title 23B RCW, chapter 18.100,
19.77, 23.86, 23.90, 24.03, 24.06, 24.12, 24.20, 24.24, 24.28,
24.36, 25.15, 25.10, or 25.05 RCW:
(a) Any service rendered in-person at the secretary of
state's office;
(b) Any expedited service;
(c) The electronic or facsimile transmittal of information
from corporation records or copies of documents;
(d) The providing of information by micrographic or
other reduced-format compilation;
(e) The handling of checks, drafts, or credit or debit
cards upon adoption of rules authorizing their use for which
sufficient funds are not on deposit; and
(f) Special search charges.
(3) To facilitate the collection of fees, the secretary of
state may establish accounts for deposits by persons who may
frequently be assessed such fees to pay the fees as they are
assessed. The secretary of state may make whatever arrangements with those persons as may be necessary to carry out
this section.
(4) The secretary of state may adopt rules for the use of
credit or debit cards for payment of fees.
43.07.120
[Title 43 RCW—page 35]
43.07.125
Title 43 RCW: State Government—Executive
(5) No member of the legislature, state officer, justice of
the supreme court, judge of the court of appeals, or judge of
the superior court shall be charged for any search relative to
matters pertaining to the duties of his or her office; nor may
such official be charged for a certified copy of any law or resolution passed by the legislature relative to his or her official
duties, if such law has not been published as a state law.
[1998 c 103 § 1309. Prior: 1994 c 211 § 1310; 1994 c 60 § 5;
1993 c 269 § 15; 1991 c 72 § 53; 1989 c 307 § 39; 1982 c 35
§ 187; 1971 c 81 § 107; 1965 c 8 § 43.07.120; prior: 1959 c
263 § 5; 1907 c 56 § 1; 1903 c 151 § 1; 1893 c 130 § 1; RRS
§ 10993.]
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
Effective date—1993 c 269: See note following RCW 23.86.070.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
43.07.125 Fees—Charitable trusts—Charitable
solicitations. The secretary of state may adopt rules under
chapter 34.05 RCW establishing reasonable fees for the following services rendered under chapter 11.110 or 19.09
RCW:
(1) Any service rendered in-person at the secretary of
state's office;
(2) Any expedited service;
(3) The electronic transmittal of documents;
(4) The providing of information by microfiche or other
reduced-format compilation;
(5) The handling of checks or drafts for which sufficient
funds are not on deposit;
(6) The resubmission of documents previously submitted
to the secretary of state where the documents have been
returned to the submitter to make such documents conform to
the requirements of the applicable statute;
(7) The handling of telephone requests for information;
and
(8) Special search charges. [1993 c 471 § 24; 1993 c 269
§ 14.]
43.07.125
Severability—Effective date—1993 c 471: See RCW 19.09.914 and
19.09.915.
Effective date—1993 c 269: See note following RCW 23.86.070.
43.07.130 Secretary of state's revolving fund—Publication fees authorized, disposition. There is created within
the state treasury a revolving fund, to be known as the "secretary of state's revolving fund," which shall be used by the
office of the secretary of state to defray the costs of printing,
reprinting, or distributing printed matter authorized by law to
be issued by the office of the secretary of state, and any other
cost of carrying out the functions of the secretary of state
under Title 23B RCW, or chapters 18.100, 23.86, 23.90,
24.03, 24.06, 24.12, 24.20, 24.24, 24.28, 24.36, 25.15, or
25.10 RCW.
The secretary of state is hereby authorized to charge a fee
for such publications in an amount which will compensate for
the costs of printing, reprinting, and distributing such printed
matter. Fees recovered by the secretary of state under RCW
43.07.120(2), 23B.01.220 (1)(e), (6) and (7), 23B.18.050,
24.03.410, 24.06.455, or 46.64.040, and such other moneys
as are expressly designated for deposit in the secretary of
43.07.130
[Title 43 RCW—page 36]
state's revolving fund shall be placed in the secretary of
state's revolving fund. [1994 c 211 § 1311; 1991 c 72 § 54;
1989 c 307 § 40; 1982 c 35 § 188; 1973 1st ex.s. c 85 § 1;
1971 ex.s. c 122 § 1.]
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Application—1989 c 307: See RCW 23.86.900.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
43.07.140 Materials specifically authorized to be
printed and distributed. The secretary of state is hereby
specifically authorized to print, reprint, and distribute the following materials:
(1) Lists of active corporations;
(2) The provisions of Title 23 RCW;
(3) The provisions of Title 23B RCW;
(4) The provisions of Title 24 RCW;
(5) The provisions of chapter 25.10 RCW;
(6) The provisions of *Title 29 RCW;
(7) The provisions of chapter 18.100 RCW;
(8) The provisions of chapter 19.77 RCW;
(9) The provisions of chapter 43.07 RCW;
(10) The provisions of the Washington state Constitution;
(11) The provisions of chapters 40.14, 40.16, and 40.20
RCW, and any statutes, rules, schedules, indexes, guides,
descriptions, or other materials related to the public records
of state or local government or to the state archives; and
(12) Rules and informational publications related to the
statutory provisions set forth above. [1991 c 72 § 55; 1982 c
35 § 189; 1973 1st ex.s. c 85 § 2.]
43.07.140
*Reviser's note: Title 29 RCW was repealed and/or recodified pursuant to 2003 c 111, effective July 1, 2004. See Title 29A RCW.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
43.07.150 Uniform commercial code powers, duties,
and functions transferred to department of licensing. All
powers, duties, and functions vested by law in the secretary
of state relating to the Uniform Commercial Code are transferred to the department of licensing. [1979 c 158 § 92; 1977
ex.s. c 117 § 1.]
43.07.150
Severability—1977 ex.s. c 117: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 117 § 13.]
Effective date—1977 ex.s. c 117: "This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect July 1, 1977." [1977 ex.s. c 117 § 14.]
43.07.160 Authenticating officers—Appointment
authorized—Use of facsimile signature. The secretary of
state may appoint authenticating officers and delegate to the
authenticating officers power to sign for the secretary of state
any document which, to have legal effect, requires the secretary of state's signature and which is of a class which the secretary of state has authorized for signature by the authenticating officers in a writing on file in the secretary of state's
office. Authenticating officers shall sign in the following
43.07.160
(2004 Ed.)
Secretary of State
manner: ". . . . . ., Authenticating Officer for the Secretary of
State . . . . . ."
The secretary of state may also delegate to the authenticating officers power to use the secretary of state's facsimile
signature for signing any document which, to have legal
effect, requires the secretary of state's signature and is of a
class with respect to which the secretary of state has authorized use of his or her facsimile signature by a writing filed in
the secretary of state's office. As used in this section, "facsimile signature" includes, but is not limited to, the reproduction
of any authorized signature by a copper plate, a rubber stamp,
or by a photographic, photostatic, or mechanical device.
The secretary of state shall effect the appointment and
delegation by placing on file in the secretary of state's office
in a single document the names of all persons appointed as
authenticating officers and each officer's signature, a list of
the classes of documents each authenticating officer is authorized to sign for the secretary of state, a copy of the secretary
of state's facsimile signature, and a list of the classes of documents which each authenticating officer may sign for the
secretary of state by affixing the secretary of state's facsimile
signature. The secretary of state may revoke the appointment
or delegation or powers by placing on file in the secretary of
state's office a new single document which expressly revokes
the authenticating officers and the powers delegated to them.
The secretary of state shall record and index documents filed
by him or her under this section, and the documents shall be
open for public inspection.
The authorized signature of an authenticating officer or
an authorized facsimile signature of the secretary of state
shall have the same legal effect and validity as the genuine
manual signature of the secretary of state. [1982 c 35 § 2.]
Intent—1982 c 35: "The legislature finds that the secretary of state's
office, particularly the corporations division, performs a valuable public service for the business and nonprofit corporate community, and for the state of
Washington. The legislature further finds that numerous filing and other
requirements of the laws relating to the secretary of state's responsibilities
have not been recently updated, thereby causing problems and delays for the
corporate community as well as the secretary of state's office.
To provide better service to the corporate community in this state, and
to permit the secretary of state to make efficient use of state resources and
improve collection of state revenues, statutory changes are necessary. It is
the intent of the legislature to provide for the modernization and updating of
the corporate laws and other miscellaneous filing statutes and to give the secretary of state the appropriate authority the secretary of state needs to implement the modernization and streamlining effort." [1982 c 35 § 1.]
Severability—1982 c 35: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1982 c 35 § 202.]
Effective dates—Application—1982 c 35: "(1) Except as provided
under subsection (3) of this section, this act shall take effect July 1, 1982.
(2) Sections 6, 14, 47, 72, 75(2), 76(4), 80, 81, 97, 101, 120, 121(4),
124, 169, and 171(4) shall be construed and apply only to actions taken or
documents filed after that date.
(3) Sections 39, 45, 46, 52, 61, 63, and 201 of this act shall take effect
January 1, 1983." [1982 c 35 § 203.]
43.07.170
43.07.170 Establishment of a corporate filing system
using other methods authorized. (1) If the secretary of
state determines that the public interest and the purpose of the
filing and registration statutes administered by the secretary
of state would be best served by a filing system utilizing
microfilm, microfiche, methods of reduced-format document
recording, or electronic or online filing, the secretary of state
(2004 Ed.)
43.07.190
may, by rule adopted under chapter 34.05 RCW, establish
such a filing system.
(2) In connection with a reduced-format filing system,
the secretary of state may eliminate any requirement for a
duplicate original filing copy, and may establish reasonable
requirements concerning paper size, print legibility, and quality for photo-reproduction processes as may be necessary to
ensure utility and readability of any reduced-format filing
system.
(3) In connection with an electronic or online filing system, the secretary of state may eliminate any requirement for
a duplicate original filing copy and may establish reasonable
requirements for electronic filing, including but not limited to
signature technology, file format and type, delivery, types of
filing that may be completed electronically, and methods for
the return of filed documents. [2002 c 74 § 20; 1982 c 35 §
191.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
43.07.173
43.07.173 Facsimile transmissions—Acceptance and
filing by the secretary of state. (1) The secretary of state
shall accept and file in the secretary's office facsimile transmissions of any documents authorized or required to be filed
pursuant to Title 23, 23B, 24, or 25 RCW or chapter 18.100
RCW. The acceptance by the secretary of state is conditional
upon the document being legible and otherwise satisfying the
requirements of state law or rules with respect to form and
content, including those established under RCW 43.07.170.
If the document must be signed, that requirement is satisfied
by a facsimile copy of the signature.
(2) If a fee is required for filing the document, the secretary may reject the document for filing if the fee is not
received before, or at the time of, receipt. [1998 c 38 § 1.]
43.07.175
43.07.175 Copies of certain filed documents to insurance commissioner. The secretary of state shall deliver to
the office of the insurance commissioner copies of corporate
documents filed with the secretary of state by health care service contractors and health maintenance organizations that
have been provided for the insurance commissioner under
RCW 48.44.013 and 48.46.012. [1998 c 23 § 18.]
43.07.180
43.07.180 Staggered corporate license renewal system authorized. The secretary of state may, by rule adopted
under chapter 34.05 RCW, adopt and implement a system of
renewals for annual corporate licenses or filings in which the
renewal dates are staggered throughout the year.
To facilitate the implementation of the staggered system,
the secretary of state may extend the duration of corporate
licensing periods or report filing periods and may impose and
collect such additional proportional fees as may be required
on account of the extended periods. [1982 c 35 § 192.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
43.07.190
43.07.190 Use of a summary face sheet or cover sheet
with the filing of certain documents authorized. Where
the secretary of state determines that a summary face sheet or
[Title 43 RCW—page 37]
43.07.200
Title 43 RCW: State Government—Executive
cover sheet would expedite review of any documents made
under Title 23B RCW, or chapter 18.100, 23.86, 23.90,
24.03, 24.06, 24.12, 24.20, 24.24, 24.36, or 25.10 RCW, the
secretary of state may require the use of a summary face sheet
or cover sheet that accurately reflects the contents of the
attached document. The secretary of state may, by rule
adopted under chapter 34.05 RCW, specify the required contents of any summary face sheet and the type of document or
documents in which the summary face sheet will be required,
in addition to any other filing requirements which may be
applicable. [1991 c 72 § 56; 1989 c 307 § 41; 1982 c 35 §
193.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Application—1989 c 307: See RCW 23.86.900.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
shall administer and conduct a program to record and document oral histories of current and former members and staff
of the Washington state legislature, current and former state
government officials and personnel, and other citizens who
have participated in the political history of Washington state.
The secretary of state shall contract with independent oral
historians and through the history departments of the state
universities to interview and record oral histories. The tapes
and tape transcripts shall be indexed and made available for
research and reference through the state archives. The transcripts, together with current and historical photographs, may
be published for distribution to libraries and for sale to the
general public. [1991 c 237 § 1.]
Effective date—1991 c 237: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect on July 1,
1991." [1991 c 237 § 6.]
43.07.200
43.07.200 Business license center as secretary of
state's agent for corporate renewals—Proposals for—
Schedule. Not later than July 1, 1982, the secretary of state
and the director of licensing shall propose to the director of
financial management a contract and working agreement
with accompanying fiscal notes designating the business
license center as the secretary of state's agent for issuing all or
a portion of the corporation renewals within the jurisdiction
of the secretary of state. The secretary of state and the director of licensing shall submit the proposed contract and
accompanying fiscal notes to the legislature before October
1, 1982.
The secretary of state and the director of licensing shall
jointly submit to the legislature by January 10, 1983, a schedule for designating the center as the secretary of state's agent
for all such corporate renewals not governed by the contract.
[1982 c 182 § 12.]
Severability—1982 c 182: See RCW 19.02.901.
Business license center act: Chapter 19.02 RCW.
Certain business or professional activity licenses exempt: RCW 19.02.800.
Master license system—Existing licenses or permits registered under, when:
RCW 19.02.810.
43.07.205
43.07.205 Contract to issue conditional federal
employer identification numbers, credentials, and documents in conjunction with license applications. The secretary of state may contract with the federal internal revenue
service, or other appropriate federal agency, to issue conditional federal employer identification numbers, or other federal credentials or documents, at specified offices and locations of the agency in conjunction with any application for
state licenses under chapter 19.02 RCW. [1997 c 51 § 3.]
Intent—1997 c 51: See note following RCW 19.02.300.
43.07.210
43.07.210 Filing false statements—Penalty. Any person who files a false statement, which he or she knows to be
false, in the articles of incorporation or in any other materials
required to be filed with the secretary of state shall be guilty
of a gross misdemeanor punishable under chapter 9A.20
RCW. [1984 c 75 § 25.]
43.07.220
43.07.220 Oral history program. The secretary of
state, at the direction of the oral history advisory committee,
[Title 43 RCW—page 38]
43.07.230
43.07.230 Oral history advisory committee—Members. An oral history advisory committee is created, which
shall consist of the following individuals:
(1) Four members of the house of representatives, two
from each of the two largest caucuses of the house, appointed
by the speaker of the house of representatives;
(2) Four members of the senate, two from each of the
two largest caucuses of the senate, appointed by the president
of the senate;
(3) The chief clerk of the house of representatives;
(4) The secretary of the senate; and
(5) The secretary of state. [1991 c 237 § 2.]
Effective date—1991 c 237: See note following RCW 43.07.220.
43.07.240
43.07.240 Oral history advisory committee—Duties.
The oral history advisory committee shall have the following
responsibilities:
(1) To select appropriate oral history interview subjects;
(2) To select transcripts or portions of transcripts, and
related historical material, for publication;
(3) To advise the secretary of state on the format and
length of individual interview series and on appropriate
issues and subjects for related series of interviews;
(4) To advise the secretary of state on the appropriate
subjects, format, and length of interviews and on the process
for conducting oral history interviews with subjects currently
serving in the Washington state legislature;
(5) To advise the secretary of state on joint programs and
activities with state universities, colleges, museums, and
other groups conducting oral histories; and
(6) To advise the secretary of state on other aspects of the
administration of the oral history program and on the conduct
of individual interview projects. [1991 c 237 § 3.]
Effective date—1991 c 237: See note following RCW 43.07.220.
43.07.300
43.07.300 Division of elections—Director. The secretary of state shall establish a division of elections within the
office of the secretary of state and under the secretary's supervision. The division shall be under the immediate supervision
of a director of elections who shall be appointed by the secretary of state and serve at the secretary's pleasure. [1992 c 163
§ 1.]
(2004 Ed.)
State Treasurer
43.07.310
43.07.310 Division of elections—Duties. The secretary
of state, through the division of elections, is responsible for
the following duties, as prescribed by Title 29A RCW:
(1) The filing, verification of signatures, and certification of state initiative, referendum, and recall petitions;
(2) The production and distribution of a state voters'
pamphlet;
(3) The examination, testing, and certification of voting
equipment, voting devices, and vote-tallying systems;
(4) The administration, canvassing, and certification of
the presidential primary, state primaries, and state general
elections;
(5) The administration of motor voter and other voter
registration and voter outreach programs;
(6) The training, testing, and certification of state and
local elections personnel as established in RCW 29A.04.530;
(7) The training of state and local party observers
required by RCW 29A.04.540;
(8) The conduct of postelection reviews as established in
RCW 29A.04.570; and
(9) Other duties that may be prescribed by the legislature. [2003 c 111 § 2303; 1992 c 163 § 2.]
Chapter 43.08
not be accepted. The secretary of state shall adopt rules necessary to implement this section. [2002 c 358 § 3.]
43.07.370
43.07.370 Oral history, state library, and archives
programs—Gifts, grants, conveyances—Rules. (1) The
secretary of state may solicit and accept gifts, grants, conveyances, bequests, and devises of real or personal property, or
both, in trust or otherwise, and sell, lease, exchange, invest,
or expend these donations or the proceeds, rents, profits, and
income from the donations except as limited by the donor's
terms.
(2) Moneys received under this section may be used only
for the following purposes:
(a) Conducting oral histories;
(b) Archival activities; and
(c) Washington state library activities.
(3) Moneys received under this section must be deposited in the oral history, state library, and archives account
established in RCW 43.07.380.
(4) The secretary of state shall adopt rules to govern and
protect the receipt and expenditure of the proceeds. [2003 c
164 § 1.]
Effective date—2003 c 111: See RCW 29A.04.903.
43.07.380
43.07.350
43.07.350 Citizens' exchange program. The secretary
of state, in consultation with the *department of trade, the
department of agriculture, economic development consultants, the consular corps, and other international trade organizations, shall develop a Washington state citizens' exchange
program that will initiate and promote:
(1) Citizen exchanges between Washington state agricultural, technical, and educational groups and organizations
with their counterparts in targeted foreign countries.
(2) Expanded educational and training exchanges
between Washington state individuals and organizations with
similar groups in targeted foreign countries.
(3) Programs to extend Washington state expertise to targeted foreign countries to help promote better health and
technical assistance in agriculture, water resources, hydroelectric power, forestry management, education, and other
areas.
(4) Efforts where a special emphasis is placed on utilizing Washington state's rich human resources who are retired
from public and private life and have the time to assist in this
program.
(5) People-to-people programs that may result in
increased tourism, business relationships, and trade from targeted foreign nations to the Pacific Northwest. [1993 c 113 §
1.]
*Reviser's note: The department of trade and economic development
was the correct name for this department. The name of the department is now
the department of community, trade, and economic development, pursuant to
1993 c 280.
43.07.380 Oral history, state library, and archives
account. The oral history, state library, and archives account
is created in the custody of the state treasurer. All moneys
received under RCW 43.07.370 must be deposited in the
account. Expenditures from the account may be made only
for the purposes of the oral history program under RCW
43.07.220, archives program under RCW 40.14.020, and
state library program under chapter 27.04 RCW. Only the
secretary of state or the secretary of state's designee may
authorize expenditures from the account. An appropriation is
not required for expenditures, but the account is subject to
allotment procedures under chapter 43.88 RCW. [2003 c 164
§ 2.]
Chapter 43.08
Sections
43.08.010
43.08.015
43.08.020
43.08.030
43.08.040
43.08.050
43.08.060
43.08.061
43.08.062
43.08.064
43.08.066
43.08.068
43.07.365
43.07.365 Oral history activities—Funding—Rules.
The secretary of state may fund oral history activities through
donations as provided in RCW 43.07.037. The activities may
include, but not be limited to, conducting interviews, preparing and indexing transcripts, publishing transcripts and photographs, and presenting displays and programs. Donations
that do not meet the criteria of the oral history program may
(2004 Ed.)
Chapter 43.08 RCW
STATE TREASURER
43.08.070
43.08.080
43.08.090
43.08.100
43.08.110
43.08.120
43.08.130
General duties.
Cash management duties.
Residence—Bond—Oath.
Seal.
Administration of oaths.
Records and accounts—Public inspection.
Duplicate receipts.
Warrants—Public printer to print—Retention of redeemed
warrants.
Warrants—Presentation—Cancellation.
Lost or destroyed warrants, instruments, or other evidence of
indebtedness—Issuing officer to issue duplicate.
Lost or destroyed warrants, instruments, or other evidence of
indebtedness—Conditions on issuance.
Lost or destroyed warrants, instruments, or other evidence of
indebtedness—Records to be kept—Cancellation of originals—Notice.
Warrants—Indorsement—Interest—Issuance of new warrants.
Call of warrants.
Fiscal agent for state.
Fiscal agent for state—Duties of fiscal agent.
Fiscal agent for state—Fiscal agent's receipts.
Assistant—Deputies—Responsibility for acts.
Wilful refusal to pay warrants—Exceptions—Recovery.
[Title 43 RCW—page 39]
43.08.010
43.08.135
43.08.140
43.08.150
43.08.160
43.08.180
43.08.190
43.08.200
43.08.250
43.08.260
43.08.270
43.08.280
Title 43 RCW: State Government—Executive
Cash or demand deposits—Duty to maintain—RCW
9A.56.060(1) not deemed violated, when.
Embezzlement—Penalty.
Monthly financial report on funds and accounts.
Monthly financial report—Report to be printed.
Cashing checks, drafts, and state warrants—Discretionary—
Conditions—Procedure upon dishonor.
State treasurer's service fund—Creation—Purpose.
State treasurer's service fund—Expenditure limitation.
Public safety and education account—Use.
Public safety and education account to fund civil representation of indigent persons—When authorized—Distribution
formula—Audit—Rules.
Joint legislative civil legal services oversight committee.
Statewide custody contract for local governments and institutions of higher education.
Acquisition of highway property in advance of programmed construction,
treasurer's duties relating to: Chapter 47.12 RCW.
Public employees' retirement, statement concerning: RCW 41.50.260,
41.50.265.
Public funds
accounting for: RCW 43.88.160.
classification by fund or account: RCW 43.88.160.
disbursement by warrant or check: RCW 43.88.160.
receipt and keeping of: RCW 43.88.160.
revolving funds, custody over: RCW 43.88.190.
Public utility districts, privilege taxes, duties in regard to: RCW 54.28.040.
Puget Sound ferry and toll bridge system, treasurer's powers and duties
relating to: Chapter 47.60 RCW.
Purchase of bridges or ferries by department of transportation, treasurer's
powers and duties relating to: RCW 47.56.050.
Records and accounts to be kept at seat of government: State Constitution
Art. 3 § 24.
Actions against state on warrant appearing to be redeemed: RCW 4.92.200.
Advances: Chapter 42.26 RCW.
Astoria-Megler bridge project, treasurer's duties relating to: RCW
47.56.652.
Residence must be at seat of government: State Constitution Art. 3 § 24.
Bonds, notes, and other evidences of indebtedness, treasurer's duties: Chapter 39.42 RCW.
State canvassing board member: RCW 29A.60.240.
Budget and accounting system, powers and duties: RCW 43.88.160.
Centennial document preservation and modernization account: RCW
36.22.170.
Council for the prevention of child abuse and neglect, depository for: RCW
43.121.100.
Document preservation in counties, treasurer's duties: RCW 36.22.170
through 36.22.190.
Drivers' training schools, treasurer's powers and duties relating to: Chapter
46.82 RCW.
Duties: State Constitution Art. 3 § 19.
Election: State Constitution Art. 3 § 1.
Eminent domain by state, warrant to pay damages and costs to court: RCW
8.04.160.
Ex officio treasurer of judges' retirement fund: RCW 2.12.010.
Fair fund, horse racing moneys: RCW 15.76.115.
Fire insurance premium funds, distribution of, duties: RCW 41.16.050.
For-hire motor vehicle certificates and operators' permits, treasurer's powers and duties relating to: Chapter 46.72 RCW.
Forest reserve funds, distribution of: RCW 28A.520.010 and 28A.520.020.
Funds from franchises across bridges jointly owned or operated, treasurer
to deposit into proper fund: RCW 47.44.040.
Gambling commission, payments for costs of audit: RCW 9.46.060.
Gambling revolving fund, treasurer as custodian: RCW 9.46.100.
Highway funds generally, treasurer's powers and duties relating to: Chapter 47.08 RCW.
Investment accounting: RCW 43.33A.180.
Investment board member: RCW 43.33A.020.
Judges' retirement fund, duties concerning: RCW 2.12.050 and 2.12.060.
Liquor revolving fund, custody of: RCW 66.08.170.
Misappropriation of funds, penalty: RCW 42.20.090.
Motor vehicle
dealers' licenses, treasurer's powers and duties relating to: Chapter 46.70
RCW.
responsibility act, treasurer's duties under: Chapter 46.29 RCW.
revenue, treasurer's powers and duties relating to: Chapter 46.68 RCW.
transporters' licensing, treasurer's powers and duties relating to: Chapter
46.76 RCW.
Oath of office: RCW 43.01.020, 43.08.020.
Obstructions on highway right of way, treasurer's duties relating to: RCW
47.32.060.
Off-road and nonhighway vehicles, treasurer's duties: RCW 46.09.030,
46.09.170.
Payments from, judgments against state: RCW 4.92.040.
[Title 43 RCW—page 40]
Salary, amount of: State Constitution Art. 3 § 19, Art. 28 § 1; RCW
43.03.010.
Snowmobile act, treasurer's duties: Chapter 46.10 RCW.
State finance committee
chairman: RCW 43.33.040.
member: RCW 43.33.010.
State trade fair fund, horse racing moneys: RCW 43.31.805.
Succession to governorship: State Constitution Art. 3 § 10.
Surplus funds, investment program: Chapter 43.86A RCW.
Term of office: State Constitution Art. 3 § 3; RCW 43.01.010.
Toll bridges, improvement of existing bridge and construction of new bridge
as single project, treasurer's powers and duties relating to: Chapter
47.58 RCW.
Vehicle wreckers' licensing, treasurer's powers and duties relating to:
Chapter 46.80 RCW.
Vocational rehabilitation funds, custodian of: RCW 74.29.050.
Volunteer fire fighters' board of trustees, report, duties: RCW 41.24.070.
Warrants or checks, unlawful to issue except upon forms prescribed by
director of financial management: RCW 43.88.160.
Washington State University
bonds and securities, annual report to regents: RCW 28B.30.300.
receiving agent for federal aid to: RCW 28B.30.270.
43.08.010 General duties. The state treasurer shall:
(1) Receive and keep all moneys of the state in the manner provided in RCW 43.88.160, as now or hereafter
amended;
(2) Disburse the public moneys only upon warrants or
checks drawn upon the treasurer in the manner provided by
law;
(3) Account for moneys in the manner provided by law;
(4) Render accounts in the manner provided by law;
(5) Indorse on each warrant when required by law, the
date of payment, the amount of the principal, and the interest
due on that date;
(6) Report annually to the legislature a detailed statement
of the condition of the treasury, and of its operations for the
preceding fiscal year;
(7) Give information, in writing, to either house of the
legislature, whenever required, upon any subject connected
with the treasury, or touching any duty of his office;
(8) Account for and pay over all moneys on hand to his
successor in office, and deliver all books, vouchers, and
effects of office to him, who shall receipt therefor;
(9) Upon payment of any warrant, or check, take upon
the back thereof the indorsement of the person to whom it is
43.08.010
(2004 Ed.)
State Treasurer
paid. [1977 c 75 § 38; 1965 c 8 § 43.08.010. Prior: 1890 p
642 § 1; RRS § 11019; prior: 1886 p 134 § 2; 1871 p 77 § 2;
1864 p 52 § 3; 1854 p 413 § 3.]
43.08.064
Prior: 1890 p 643 § 3; RRS § 11023; prior: 1886 p 134 § 3;
1864 p 53 § 4; 1854 p 414 § 4.]
Public records, budget and accounting system: RCW 43.88.200.
Budget and accounting system, powers and duties: RCW 43.88.160.
43.08.060
43.08.015
43.08.015 Cash management duties. Within the policies and p roced ures established purs uan t to RCW
*43.41.110(13) and 43.88.160(1), the state treasurer shall
take such actions as are necessary to ensure the effective cash
management of public funds. This cash management shall
include the authority to represent the state in all contractual
relationships with financial institutions. The state treasurer
may delegate cash management responsibilities to the
affected agencies with the concurrence of the office of financial management. [1993 c 500 § 3.]
*Reviser's note: RCW 43.41.110 was amended by 2002 c 332 § 23,
changing subsection (13) to subsection (14).
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.
43.08.020
43.08.020 Residence—Bond—Oath. The state treasurer shall reside and keep his office at the seat of government. Before entering upon his duties, he shall execute and
deliver to the secretary of state a bond to the state in a sum of
not less than five hundred thousand dollars, to be approved
by the secretary of state and one of the justices of the supreme
court, conditioned to pay all moneys at such times as required
by law, and for the faithful performance of all duties required
of him by law. He shall take an oath of office, to be indorsed
on his commission, and file a copy thereof, together with the
bond, in the office of the secretary of state. [1972 ex.s. c 12
§ 1. Prior: 1971 c 81 § 108; 1971 c 14 § 1; 1965 c 8 §
43.08.020; prior: 1890 p 642 § 2; RRS § 11022; prior: 1886
p 133 § 1; 1881 p 18 § 1; 1871 p 76 § 1; 1864 p 51 § 2; 1854
p 413 § 2.]
43.08.030
43.08.030 Seal. The treasurer shall keep a seal of office
for the authentication of all papers, writings, and documents
required to be certified by him. [1965 c 8 § 43.08.030. Prior:
1890 p 643 § 6; RRS § 11025; prior: 1886 p 135 § 6; 1871 p
78 § 6; 1864 p 53 § 7; 1854 p 414 § 7.]
43.08.040
43.08.040 Administration of oaths. The treasurer may
administer all oaths required by law in matters pertaining to
the duties of his office. [1965 c 8 § 43.08.040. Prior: 1890 p
643 § 5; RRS § 11024; prior: 1886 p 135 § 5; 1871 p 78 § 5;
1864 p 53 § 6; 1854 p 414 § 6.]
43.08.050
43.08.050 Records and accounts—Public inspection.
All the books, papers, letters, and transactions pertaining to
the office of treasurer shall be open for the inspection of a
committee of the legislature to examine or settle all accounts,
and to count all money; and to the inspection of the public
generally during office hours; and when the successor of any
treasurer is elected and qualified, the state auditor shall examine and settle all the accounts of the treasurer remaining
unsettled, and give him a certified statement showing the balance of moneys, securities, and effects for which he is
accountable, which have been delivered to his successor, and
report the same to the legislature. [1965 c 8 § 43.08.050.
(2004 Ed.)
43.08.060 Duplicate receipts. All persons required by
law to pay any moneys into the state treasury, or to transmit
any public funds to the state treasurer on state accounts, shall,
at the time of making such payments or transmissions specify
the amount and date of such payment, and for what particular
fund or account.
For all sums of money so paid the state treasurer shall
forthwith give duplicate receipts in accordance with the rules
and regulations promulgated by the office of financial management as authorized by RCW 43.88.160(1). [1979 c 151 §
89; 1977 c 16 § 1; 1965 c 8 § 43.08.060. Prior: 1890 p 643 §
4; RRS § 5504; prior: 1886 p 134 § 4; 1871 p 78 § 4; 1864 p
53 § 5; 1854 p 414 § 5.]
43.08.061
43.08.061 Warrants—Public printer to print—
Retention of redeemed warrants. The public printer shall
print all state treasury warrants for distribution as directed by
the state treasurer. All warrants redeemed by the state treasurer shall be retained for a period of one year, following
their redemption, after which they may be destroyed without
regard to the requirements imposed for their destruction by
chapter 40.14 RCW. [1993 c 38 § 1; 1981 c 10 § 1; 1975 c 48
§ 2.]
Actions against state on redeemed warrants, time limitation: RCW 4.92.200.
43.08.062
43.08.062 Warrants—Presentation—Cancellation.
Should the payee or legal holder of any warrant drawn
against the state treasury fail to present the warrant for payment within one hundred eighty days of the date of its issue
or, if registered and drawing interest, within one hundred
eighty days of its call, the state treasurer shall enter the same
as canceled on the books of his office.
Should the payee or legal owner of such a canceled warrant thereafter present it for payment, the state treasurer may,
upon proper showing by affidavit and the delivery of the warrant into his possession, issue a new warrant in lieu thereof,
and the state treasurer is authorized to pay the new warrant.
[1986 c 99 § 1; 1981 c 10 § 2; 1965 c 8 § 43.08.062. Prior:
1890 p 638 § 13; RRS § 11008; prior: 1883 p 61 § 1. Formerly RCW 43.09.100.]
43.08.064
43.08.064 Lost or destroyed warrants, instruments,
or other evidence of indebtedness—Issuing officer to issue
duplicate. In case of the loss or destruction of a state warrant
for the payment of money, or any bond or other instrument or
evidence of indebtedness, issued by any state officer, or
agency, such officer, or such agency through its appropriate
officer may issue or cause to be issued a duplicate in lieu
thereof, bearing the same number, class, or designation in all
respects and for the same amount as the original, except that
the word duplicate shall plainly appear upon the face of the
new instrument in such a manner as to clearly identify it as a
duplicate instrument. The duplicate instrument so issued
shall be subject in all other respects to the same provisions of
law as the original instrument. [1979 ex.s. c 71 § 3; 1975-'76
2nd ex.s. c 77 § 2; 1965 ex.s. c 61 § 1; 1965 c 8 § 43.08.064.
[Title 43 RCW—page 41]
43.08.066
Title 43 RCW: State Government—Executive
Prior: 1890 p 639 § 15; RRS § 11010; prior: 1888 p 236 § 1.
Formerly RCW 43.09.110.]
Lost or destroyed evidence of indebtedness issued by local governments:
Chapter 39.72 RCW.
43.08.066
43.08.066 Lost or destroyed warrants, instruments,
or other evidence of indebtedness—Conditions on issuance. Before a duplicate instrument is issued, the state treasurer or other issuing officer shall require the person making
application for its issue to file in his office a written affidavit
specifically alleging on oath that he is the proper owner,
payee, or legal representative of such owner or payee of the
original instrument, giving the date of issue, the number,
amount, and for what services or claim or purpose the original instrument or series of instruments of which it is a part
was issued, and that the same has been lost or destroyed, and
has not been paid, or has not been received by him: PROVIDED, That in the event that an original and its duplicate
instrument are both presented for payment as a result of forgery or fraud, the issuing officer shall be the state agency
responsible for endeavoring to recover any losses suffered by
the state. [1979 ex.s. c 71 § 4; 1972 ex.s. c 74 § 1; 1971 ex.s.
c 54 § 1; 1965 ex.s. c 61 § 2; 1965 c 8 § 43.08.066. Prior:
1890 p 639 § 16; RRS § 11011; prior: 1888 p 236 § 2. Formerly RCW 43.09.120.]
43.08.068
43.08.068 Lost or destroyed warrants, instruments,
or other evidence of indebtedness—Records to be kept—
Cancellation of originals—Notice. The state treasurer or
other issuing officer shall keep a full and complete record of
all warrants, bonds or other instruments alleged to have been
lost or destroyed, which were issued by such agency, and of
the issue of any duplicate therefor; and upon the issuance of
any duplicate, the officer shall enter upon his books the cancellation of the original instrument and immediately notify
the state treasurer, the state auditor, and all trustees and paying agents authorized to redeem such instruments on behalf
of the state of Washington, of such cancellation. The treasurer shall keep a similar list of all warrants, bonds or other
instruments so canceled. [1965 ex.s. c 61 § 3; 1965 c 8 §
43.08.068. Prior: 1890 p 640 § 17; RRS § 11012; prior: 1888
p 236 § 3. Formerly RCW 43.09.130.]
43.08.070
43.08.070 Warrants—Indorsement—Interest—Issuance of new warrants. Upon the presentation of any state
warrant to the state treasurer, if there is not sufficient money
then available in the appropriate fund with which to redeem
all warrants drawn against such fund which the treasurer
anticipates will be presented for payment during the current
business day, he may endorse on the warrant, "Not paid for
want of funds," with the day and date of presentation, and the
warrant shall draw legal interest from and including that date
until five days from and after being called for payment in
accordance with RCW 43.08.080, or until paid, whichever
occurs first; or, in the alternative, the treasurer may prepare
and register a single new warrant, drawn against the appropriate fund, and exchange such new warrant for one or more
warrants not paid for want of funds when presented for payment totaling a like amount but not exceeding one million
dollars, which new warrant shall then draw legal interest
[Title 43 RCW—page 42]
from and including its date of issuance until five days from
and after being called for payment in accordance with RCW
43.08.080, or until paid, whichever occurs first. The legal rate
or rates of interest on these warrants shall be established by
the state treasurer in accordance with RCW 39.56.030. [1981
c 10 § 3; 1971 ex.s. c 88 § 2; 1965 c 8 § 43.08.070. Prior:
1869 p 408 § 2; RRS § 5516.]
Severability—1971 ex.s. c 88: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 88 § 6.]
43.08.080 Call of warrants. When the state treasurer
deems that there is sufficient money in a fund to pay all or
part of the registered warrants of such fund, and the warrants
are not presented for payment, he may advertise at least once
in some newspaper published at the seat of government, stating the serial number of the warrants he is calling and prepared to pay; and if such warrants are not presented for payment within five days from and after the date of publication
of the notice, the warrants shall not then draw any further
interest: PROVIDED, That when said fund has a balance in
excess of three percent of the preceding monthly warrant
issue of said fund, or at any time that the money in the fund
exceeds the warrants outstanding, the state treasurer shall
similarly advertise a call for all those registered warrants
which can be fully paid out of said fund in accordance with
their registration sequence. [1971 ex.s. c 88 § 3; 1965 c 8 §
43.08.080. Prior: 1890 p 644 § 8; RRS § 5517; prior: 1886 p
135 § 9; 1871 p 79 § 9.]
43.08.080
Severability—1971 ex.s. c 88: See note following RCW 43.08.070.
43.08.090 Fiscal agent for state. The state treasurer
shall be ex officio the fiscal agent of the state. [1965 c 8 §
43.08.090. Prior: 1891 c 138 § 1; RRS § 5484.]
43.08.090
Fiscal agencies: Chapter 43.80 RCW.
43.08.100 Fiscal agent for state—Duties of fiscal
agent. The fiscal agent of the state shall receive all moneys
due the state from any other state or from the federal government, take all necessary steps for the collection thereof, and
apply the same to the funds to which they belong. He shall
collect from time to time all moneys that may accrue to the
state by virtue of section 13 of the enabling act, or from any
other source not otherwise provided for by law. [1965 c 8 §
43.08.100. Prior: (i) 1891 c 138 § 2; RRS § 5485. (ii) 1891 c
138 § 4; RRS § 5487.]
43.08.100
43.08.110 Fiscal agent for state—Fiscal agent's
receipts. The fiscal agent shall issue the necessary receipts
for all moneys collected, and such receipts shall show the
date when paid, the amount, from whom received, and on
what account the money was collected.
One or more copies of such receipt shall be given to the
persons from whom the money was received, and one copy
shall be given to the director of financial management. [1979
c 151 § 90; 1965 c 8 § 43.08.110. Prior: 1891 c 138 § 3; RRS
§ 5486.]
43.08.110
43.08.120 Assistant—Deputies—Responsibility for
acts. The state treasurer may appoint an assistant state trea43.08.120
(2004 Ed.)
State Treasurer
surer, who shall have the power to perform any act or duty
which may be performed by the state treasurer, and in case of
a vacancy in the office of state treasurer, perform the duties of
the office until the vacancy is filled as provided by law.
The state treasurer may appoint no more than three deputy state treasurers, who shall have the power to perform any
act or duty which may be performed by the state treasurer.
The assistant state treasurer and the deputy state treasurers shall be exempt from the provisions of chapter 41.06
RCW and shall hold office at the pleasure of the state treasurer; they shall, before entering upon the duties of their
office, take and subscribe, and file with the secretary of state,
the oath of office provided by law for other state officers.
The state treasurer shall be responsible on his official
bond for all official acts of the assistant state treasurer and the
deputy state treasurers. [1973 c 10 § 1; 1971 c 15 § 1; 1965 c
8 § 43.08.120. Prior: 1921 c 36 § 1; RRS § 11020.]
43.08.190
43.08.150
43.08.150 Monthly financial report on funds and
accounts. As soon as possible after the close of each calendar month, the state treasurer shall prepare a report as to the
state of the general fund and every other fund under his control itemized as to:
(1) The amount in the fund at the close of business at the
end of the preceding month;
(2) The amount of revenue deposited or transferred to the
credit of each fund during the current month;
(3) The amount of withdrawals or transfers from each
fund during the current month; and
(4) The amount on hand in each fund at the close of business at the end of the current month.
One copy of each report shall be provided promptly to
those requesting them so long as the supply lasts. [1977 c 75
§ 39; 1965 c 8 § 43.08.150. Prior: 1947 c 32 § 1; Rem. Supp.
1947 § 11019-1.]
Biennial reports, periods: RCW 43.01.035.
43.08.130
43.08.130 Wilful refusal to pay warrants—Exceptions—Recovery. If the state treasurer wilfully refuses to
pay except in accordance with the provisions of RCW
43.08.070 or by cash or check any warrant designated as payable in the state treasurer's office which is lawfully drawn
upon the state treasury, or knowingly pays any warrant otherwise than as provided by law, then any person injured thereby
may recover by action against the treasurer and the sureties
on his official bond. [1972 ex.s. c 145 § 2; 1965 c 8 §
43.08.130. Prior: 1890 p 644 § 7; RRS § 11026; prior: 1886
p 135 § 8; 1871 p 78 § 8; 1864 p 53 § 8; 1854 p 414 § 8.]
Investment of surplus funds, rules and allocations to be published in report:
RCW 43.86A.050.
Reports, budget and accounting system: RCW 43.88.160.
43.08.160
43.08.160 Monthly financial report—Report to be
printed. The state treasurer shall cause all such reports to be
printed as other public documents are printed and the
approval of no other officer of the state shall be necessary in
carrying out the purposes of RCW 43.08.150. [1965 c 8 §
43.08.160. Prior: 1947 c 32 § 2; Rem. Supp. 1947 § 110192.]
43.08.180
43.08.135
43.08.135 Cash or demand deposits—Duty to maintain—RCW 9A.56.060(1) not deemed violated, when. The
state treasurer shall maintain at all times cash, or demand
deposits in qualified public depositaries in an amount needed
to meet the operational needs of state government: PROVIDED, That the state treasurer shall not be considered in
violation of RCW 9A.56.060(1) if he maintains demand
accounts in public depositaries in an amount less than all treasury warrants issued and outstanding. [1983 c 3 § 100; 1972
ex.s. c 145 § 3.]
43.08.140
43.08.140 Embezzlement—Penalty. If any person
holding the office of state treasurer fails to account for and
pay over all moneys in his or her hands in accordance with
law, or unlawfully converts to his or her own use in any way
whatever, or uses by way of investment in any kind of property, or loans without authority of law, any portion of the
public money intrusted to him or her for safekeeping, transfer, or disbursement, or unlawfully converts to his or her own
use any money that comes into his or her hands by virtue of
his or her office, the person is guilty of a class B felony, and
upon conviction thereof, shall be imprisoned in a state correctional facility not exceeding fourteen years, and fined a sum
equal to the amount embezzled. [2003 c 53 § 224; 1992 c 7 §
40; 1965 c 8 § 43.08.140. Prior: 1890 p 644 § 10; RRS §
11027; prior: 1886 p 105 § 11.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Misappropriation of funds: RCW 42.20.070, 42.20.090.
(2004 Ed.)
43.08.180 Cashing checks, drafts, and state warrants—Discretionary—Conditions—Procedure upon dishonor. The state treasurer is hereby authorized, in the treasurer's discretion and as a service to state officers and
employees, and to those known by the treasurer or the treasurer's staff, to accept in exchange for cash the checks, drafts,
or Washington state warrants drawn or endorsed by these
authorized persons and presented to the treasurer's office as
meet each of the following conditions:
(1) The check or draft must be drawn to the order of cash
or bearer and be immediately payable by a drawee financial
institution; and
(2) The person presenting the check, draft, or Washington state warrant to the treasurer must produce such identification as the treasurer may require.
In the event that any check or draft cashed for a state
officer or employee by the state treasurer under this section is
dishonored by the drawee financial institution when presented for payment, the treasurer is authorized, after notice to
the drawer or endorser of the dishonor, to withhold from the
drawer's or endorser's next state salary warrant the full
amount of the dishonored check or draft. [1984 c 74 § 1;
1971 c 5 § 1.]
43.08.190
43.08.190 State treasurer's service fund—Creation—Purpose. There is hereby created a fund within the
state treasury to be known as the "state treasurer's service
fund". Such fund shall be used solely for the payment of
costs and expenses incurred in the operation and administration of the state treasurer's office.
[Title 43 RCW—page 43]
43.08.200
Title 43 RCW: State Government—Executive
Moneys shall be allocated monthly and placed in the
state treasurer's service fund equivalent to a maximum of one
percent of the trust and treasury average daily cash balances
from the earnings generated under the authority of RCW
43.79A.040 and 43.84.080 other than earnings generated
from investment of balances in funds and accounts specified
in RCW *43.79.040 or 43.84.092(4)(b). The allocation shall
precede the distribution of the remaining earnings as prescribed under RCW 43.79A.040 and 43.84.092. The state
treasurer shall establish a uniform allocation rate based on the
appropriations for the treasurer's office.
During the 2003-2005 fiscal biennium, the legislature
may transfer from the state treasurer's service fund to the state
general fund such amounts as reflect the excess fund balance
of the fund. [2003 1st sp.s. c 25 § 916; 1991 sp.s. c 13 § 83;
1985 c 405 § 506; 1973 c 27 § 2.]
*Reviser's note: The reference to RCW 43.79.040 is incorrect. RCW
43.79A.040 was apparently intended.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1985 c 405: See note following RCW 9.46.100.
43.08.200
43.08.200 State treasurer's service fund—Expenditure limitation. All moneys deposited in the state treasurer's
service fund shall be expended only pursuant to legislative
appropriation and for the purposes set forth in RCW
43.08.190, 43.08.200, and *43.85.241. [1973 c 27 § 3.]
*Reviser's note: RCW 43.85.241 was repealed by 1985 c 57 § 90,
effective July 1, 1985.
43.08.250
43.08.250 Public safety and education account—Use.
The money received by the state treasurer from fees, fines,
forfeitures, penalties, reimbursements or assessments by any
court organized under Title 3 or 35 RCW, or chapter 2.08
RCW, shall be deposited in the public safety and education
account which is hereby created in the state treasury. The
legislature shall appropriate the funds in the account to promote traffic safety education, highway safety, criminal justice training, crime victims' compensation, judicial education, the judicial information system, civil representation of
indigent persons, winter recreation parking, drug court operations, and state game programs. During the fiscal biennium
ending June 30, 2005, the legislature may appropriate moneys from the public safety and education account for purposes of appellate indigent defense and other operations of
the office of public defense, the criminal litigation unit of the
attorney general's office, the treatment alternatives to street
crimes program, crime victims advocacy programs, justice
information network telecommunication planning, treatment
for supplemental security income clients, sexual assault treatment, operations of the office of administrator for the courts,
security in the common schools, alternative school start-up
grants, programs for disruptive students, criminal justice data
collection, Washington state patrol criminal justice activities,
drug court operations, unified family courts, local court backlog assistance, financial assistance to local jurisdictions for
extraordinary costs incurred in the adjudication of criminal
cases, domestic violence treatment and related services, the
department of corrections' costs in implementing chapter
[Title 43 RCW—page 44]
196, Laws of 1999, reimbursement of local governments for
costs associated with implementing criminal and civil justice
legislation, the replacement of the department of corrections'
offender-based tracking system, secure and semi-secure crisis residential centers, HOPE beds, the family policy council
and community public health and safety networks, the street
youth program, public notification about registered sex
offenders, and narcotics or methamphetamine-related
enforcement, education, training, and drug and alcohol treatment services. [2003 1st sp.s. c 25 § 918. Prior: 2001 2nd
sp.s. c 7 § 914; 2001 c 289 § 4; 2000 2nd sp.s. c 1 § 911; 1999
c 309 § 915; 1997 c 149 § 910; 1996 c 283 § 901; 1995 2nd
sp.s. c 18 § 912; 1993 sp.s. c 24 § 917; 1992 c 54 § 3; prior:
1991 sp.s. c 16 § 919; 1991 sp.s. c 13 § 25; 1985 c 57 § 27;
1984 c 258 § 338.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
Severability—1997 c 149: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 149 § 917.]
Effective date—1997 c 149: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 149 § 918.]
Severability—1996 c 283: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1996 c 283 § 904.]
Effective date—1996 c 283: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 30, 1996]." [1996 c 283 § 905.]
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.310.020.
Effective date—1992 c 54: See note following RCW 36.18.020.
Severability—Effective date—1991 sp.s. c 16: See notes following
RCW 9.46.100.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Public safety and education assessment: RCW 3.62.090.
43.08.260 Public safety and education account to
fund civil representation of indigent persons—When
authorized—Distribution formula—Audit—Rules. (1)(a)
The legislature recognizes the ethical obligation of attorneys
to represent clients without interference by third parties in the
discharge of professional obligations to clients. However, to
ensure the most beneficial use of state resources, the legislature finds that it is within the authority of the legislature to
specify the categories of legal cases in which qualified legal
aid programs may provide civil representation with state
43.08.260
(2004 Ed.)
State Treasurer
moneys. Accordingly, moneys appropriated for civil legal
representation pursuant to this section shall not be used for
legal representation that is either outside the scope of this section or prohibited by this section.
(b) Nothing in this section is intended to limit the authority of existing entities, including but not limited to the Washington state bar association, the public disclosure commission, the state auditor, and the federal legal services corporation to resolve issues within their respective jurisdictions.
(2) Any money appropriated by the legislature from the
public safety and education account pursuant to RCW
43.08.250 or from any other state fund or account for civil
representation of indigent persons shall be used solely for the
purpose of contracting with qualified legal aid programs for
legal representation of indigent persons in matters relating to:
(a) Domestic relations and family law matters, (b) public
assistance and health care, (c) housing and utilities, (d) social
security, (e) mortgage foreclosures, (f) home protection
bankruptcies, (g) consumer fraud and unfair sales practices,
(h) rights of residents of long-term care facilities, (i) wills,
estates, and living wills, (j) elder abuse, and (k) guardianship.
(3) For purposes of this section, a "qualified legal aid
program" means a not-for-profit corporation incorporated
and operating exclusively in Washington which has received
basic field funding for the provision of civil legal services to
indigents from the federal legal services corporation or that
has received funding for civil legal services for indigents
under this section before July 1, 1997.
(4) The department of community, trade, and economic
development shall establish a distribution formula based on
the distribution by county of individuals with incomes below
the official federal poverty level guidelines. When entering
into a contract with a qualified legal services provider under
this section, the department shall require the provider to provide legal services in a manner that maximizes geographic
access in accordance with the formula established in this subsection (4).
(5) Funds distributed to qualified legal aid programs
under this section may not be used directly or indirectly for:
(a) Lobbying.
(i) For purposes of this section, "lobbying" means any
personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or other device
directly or indirectly intended to influence any member of
congress or any other federal, state, or local nonjudicial official, whether elected or appointed:
(A) In connection with any act, bill, resolution, or similar
legislation by the congress of the United States or by any
state or local legislative body, or any administrative rule,
rule-making activity, standard, rate, or other enactment by
any federal, state, or local administrative agency;
(B) In connection with any referendum, initiative, constitutional amendment, or any similar procedure of the congress, any state legislature, any local council, or any similar
governing body acting in a legislative capacity; or
(C) In connection with inclusion of any provision in a
legislative measure appropriating funds to, or defining or limiting the functions or authority of, the recipient of funds
under this section.
(ii) "Lobbying" does not include the response of an
employee of a legal aid program to a written request from a
(2004 Ed.)
43.08.260
governmental agency, an elected or appointed official, or
committee on a specific matter. This exception does not
authorize communication with anyone other than the requesting party, or agent or employee of such agency, official, or
committee.
(b) Grass roots lobbying. For purposes of this section,
"grass roots lobbying" means preparation, production, or dissemination of information the purpose of which is to encourage the public at large, or any definable segment thereof, to
contact legislators or their staff in support of or in opposition
to pending or proposed legislation; or contribute to or participate in a demonstration, march, rally, lobbying campaign, or
letter writing or telephone campaign for the purpose of influencing the course of pending or proposed legislation.
(c) Class action lawsuits.
(d) Participating in or identifying the program with prohibited political activities. For purposes of this section, "prohibited political activities" means (i) any activity directed
toward the success or failure of a political party, a candidate
for partisan or nonpartisan office, a partisan political group,
or a ballot measure; (ii) advertising or contributing or soliciting financial support for or against any candidate, political
group, or ballot measure; or (iii) voter registration or transportation activities.
(e) Representation in fee-generating cases. For purposes
of this section, "fee-generating" means a case that might reasonably be expected to result in a fee for legal services if
undertaken by a private attorney. The charging of a fee pursuant to subsection (6) of this section does not establish the
fee-generating nature of a case.
A fee-generating case may be accepted when: (i) The
case has been rejected by the local lawyer referral services or
by two private attorneys; (ii) neither the referral service nor
two private attorneys will consider the case without payment
of a consultation fee; (iii) after consultation with the appropriate representatives of the private bar, the program has
determined that the type of case is one that private attorneys
do not ordinarily accept, or do not accept without prepayment
of a fee; or (iv) the director of the program or the director's
designee has determined that referral of the case to the private
bar is not possible because documented attempts to refer similar cases in the past have been futile, or because emergency
circumstances compel immediate action before referral can
be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be
attempted at a later time.
(f) Organizing any association, union, or federation, or
representing a labor union. However, nothing in this subsection (5)(f) prohibits the provision of legal services to clients
as otherwise permitted by this section.
(g) Representation of undocumented aliens.
(h) Picketing, demonstrations, strikes, or boycotts.
(i) Engaging in inappropriate solicitation. For purposes
of this section, "inappropriate solicitation" means promoting
the assertion of specific legal claims among persons who
know of their rights to make a claim and who decline to do so.
Nothing in this subsection precludes a legal services program
or its employees from providing information regarding legal
rights and responsibilities or providing information regarding
the program's services and intake procedures through community legal education activities, responding to an individ[Title 43 RCW—page 45]
43.08.270
Title 43 RCW: State Government—Executive
ual's specific question about whether the individual should
consult with an attorney or take legal action, or responding to
an individual's specific request for information about the
individual's legal rights or request for assistance in connection with a specific legal problem.
(j) Conducting training programs that: (i) Advocate particular public policies; (ii) encourage or facilitate political
activities, labor or antilabor activities, boycotts, picketing,
strikes, or demonstrations; or (iii) attempt to influence legislation or rule making. Nothing in this subsection (5)(j) precludes representation of clients as otherwise permitted by this
section.
(6) The department may establish requirements for client
participation in the provision of civil legal services under this
section, including but not limited to copayments and sliding
fee scales.
(7)(a) Contracts entered into by the department of community, trade, and economic development with qualified
legal services programs under this section must specify that
the program's expenditures of moneys distributed under this
section:
(i) Must be audited annually by an independent outside
auditor. These audit results must be provided to the department of community, trade, and economic development; and
(ii) Are subject to audit by the state auditor.
(b)(i) Any entity auditing a legal services program under
this section shall have access to all records of the legal services program to the full extent necessary to determine compliance with this section, with the exception of confidential
information protected by the United States Constitution, the
state Constitution, the attorney-client privilege, and applicable rules of attorney conduct.
(ii) The legal services program shall have a system
allowing for production of case-specific information, including client eligibility and case type, to demonstrate compliance with this section, with the exception of confidential
information protected by the United States Constitution, the
state Constitution, the attorney-client privilege, and applicable rules of attorney conduct. Such information shall be available to any entity that audits the program.
(8) The department of community, trade, and economic
development must recover or withhold amounts determined
by an audit to have been used in violation of this section.
(9) The department of community, trade, and economic
development may adopt rules to implement this section.
[1997 c 319 § 2; 1995 c 399 § 62; 1992 c 54 § 4.]
Intent—1997 c 319: "It is the intent of the legislature to promote the
provision of civil legal services to indigent persons, subject to available
funds. To the extent that funds are appropriated for civil legal services for the
indigent, the legislature intends that civil legal services be offered within an
oversight framework that ensures accountability." [1997 c 319 § 1.]
Effective date—1992 c 54: See note following RCW 36.18.020.
43.08.270
43.08.270 Joint legislative civil legal services oversight committee. The joint legislative civil legal services
oversight committee is established.
(1) The committee's members are one member from each
of the minority and majority caucuses of the house of representatives, who are appointed by the speaker of the house of
representatives, and one member from each of the minority
[Title 43 RCW—page 46]
and majority caucuses of the senate, who are appointed by the
president of the senate.
(2)(a) The committee shall oversee the provision of civil
legal services funded through RCW 43.08.260 and shall act
as a forum for discussion of issues related to state-funded
civil legal services.
(b) By December 1, 1997, and by December 1st of each
year thereafter, the committee must report to the appropriate
standing policy and fiscal committees of the legislature on
the provision of legal services under RCW 43.08.260.
(3) The committee chairman is selected by the members
and shall serve a one-year term. The chairman position
rotates between the house and senate members and the political parties.
(4) The committee shall meet at least four times during
each fiscal year. The committee shall accept public testimony
at a minimum of two of these meetings. [1997 c 319 § 3.]
Intent—1997 c 319: See note following RCW 43.08.260.
43.08.280
43.08.280 Statewide custody contract for local governments and institutions of higher education. (1) The
state treasurer is authorized to negotiate a statewide custody
contract for custody services for local governments and institutions of higher education. The term of the contract shall be
for a minimum of four years.
(2) The state treasurer shall, as soon as is practical after
negotiations have been successfully completed, notify local
governments and institutions of higher education that a statewide custody contract has been negotiated.
(3) Following such notification, each local government
or institution of higher education may, at its option, become a
signatory to the statewide contract. Each local government or
institution of higher education may only become a signatory
to the contract by having its authorized local government
official or financial officer and the statewide custodian execute the statewide contract. The contract is between the statewide custodian and the respective local government or institution of higher education. It is the responsibility of the local
government official or financial officer to fully understand
the terms and conditions of the statewide custody contract
prior to its execution, and to ensure those terms and conditions are observed by the statewide custodian during the term
of the contract.
(4) The state treasurer may adopt rules to implement this
section, including, but not limited to, those rules deemed necessary to provide for an orderly transition in the event of a
different statewide custodian in a new statewide custody contract.
(5) Any statewide custodian who becomes a signatory to
the statewide custody contract may be exempted from the
requirements of chapter 39.58 RCW for the purposes of this
section, based on rules adopted by the public deposit protection commission.
(6) For the purposes of this section:
(a) "Financial institution" means a bank or trust company
chartered and supervised under state or federal law;
(b) "Local government" means any county, city, town,
special purpose district, political subdivision, municipal corporation, or quasi-municipal corporation, including any pub(2004 Ed.)
State Auditor
lic corporation created by such an entity, which legally possesses and exercises investment authority;
(c) "Statewide custody contract" means a contract negotiated between the state treasurer and a financial institution
that establishes terms and fees for custody services which are
optional to any local government for the term of the contract;
(d) "Statewide custodian" means the financial institution
with whom the state treasurer has negotiated a statewide custody contract;
(e) "Custody services" means services performed by a
financial institution such as the settlement, safekeeping, valuation, and market-value reporting of negotiable instruments
owned by the local government;
(f) "Local government official" means any officer or
employee of a local government who has been designated by
statute or local charter, ordinance, or resolution as the officer
having the authority to invest the funds of the local government. However, the county treasurer is the only local government official for all political subdivisions for which the
county treasurer has statutory or contractual authority to
invest the funds thereof;
(g) "Financial officer" means the board-appointed treasurer of a college, university, community or technical college
district, or the state board for community and technical colleges. [1999 c 293 § 2.]
43.09.210
Purpose—1999 c 293: "Local governments enter into separate, individual contracts with banks for custody services. The rate and terms which
each local government obtains from a given bank sometimes varies widely
depending upon the size of the local government's portfolio, and thus fails to
provide all of the state's taxpayers with the most advantageous rates and
terms for such custody services. The purpose of this act is to enable local
governments and institutions of higher education, through a statewide custody contract, to collectively obtain the most advantageous rate and terms
from a single financial institution for custodial banking services. Under such
a statewide custody contract, smaller local governments may receive a
higher level of service, while paying lower fees than they might have individually obtained." [1999 c 293 § 1.]
43.09.290
43.09.310
Effective date—1999 c 293: "This act takes effect September 1, 1999."
[1999 c 293 § 4.]
43.09.420
Chapter 43.09
Chapter 43.09 RCW
STATE AUDITOR
Sections
GENERALLY
43.09.010
43.09.020
43.09.025
43.09.035
43.09.045
43.09.050
43.09.055
43.09.065
43.09.165
43.09.170
43.09.180
43.09.185
Residence—Office—Bond—Oath.
Auditor of public accounts.
Deputy auditors—Assistant directors.
Assistants—Personnel.
Contracts with certified public accountants.
General duties of auditor.
Audit of entities with state contracts or grants—Costs.
Audit of entities with state contracts or grants—Report regarding criminal misuse of public moneys.
Subpoenas—Compulsory process—Witnesses—Oaths—Testimony—Penalty.
May administer oaths.
Seal—Copies of documents as evidence.
Loss of public funds—Illegal activity—Report to state auditor's office.
LOCAL GOVERNMENT ACCOUNTING
43.09.200
43.09.205
(2004 Ed.)
Local government accounting—Uniform system of accounting.
Local government accounting—Costs of public works—Standard form.
43.09.220
43.09.230
43.09.240
43.09.245
43.09.260
43.09.265
43.09.270
43.09.280
43.09.2801
43.09.281
43.09.282
43.09.285
43.09.2851
43.09.2853
43.09.2855
Chapter 43.09
Local government accounting—Separate accounts for each
fund or activity—Exemption for agency surplus personal
property.
Local government accounting—Separate accounts for public
service industries.
Local government accounting—Annual reports—Comparative statistics.
Local government accounting—Public officers and employees—Duty to account and report—Removal from office—
Deposit of collections.
Local government accounting—Examination of financial
affairs.
Local government accounting—Examination of local governments—Reports—Action by attorney general.
Local government accounting—Review of tax levies of local
governments.
Local government accounting—Expense of audit, what constitutes.
Local government accounting—Expense of examination.
Local government accounting—Expense of audit—Additional
charge.
Appeal procedure to be adopted—Inclusion of number and
disposition of appeals in annual report.
Local government accounting—Municipal revolving
account—Records of auditing costs.
Joint operations by municipal corporations or political subdivisions—Deposit and control of funds.
Repayment of amounts charged to another fund within same
political subdivision to be credited to original fund or appropriation—Expenditure.
Municipal corporations authorized to establish line of credit
for payment of warrants—Interest.
Local governments—Use of credit cards.
AGENCY AUDITS
43.09.330
43.09.340
43.09.410
43.09.412
43.09.414
43.09.416
43.09.418
Post-audit of state agencies—Definitions.
Audit of statewide combined financial statements—Postaudits of state agencies—Periodic audits—Reports—Filing.
Audit disclosing malfeasance or nonfeasance—Action by
attorney general.
Post-audit of books of state auditor.
Auditing services revolving account—Created—Purpose.
Auditing services revolving account—Transfers and payments
into account—Allotments to state auditor.
Auditing services revolving account—Disbursements.
Auditing services revolving account—Allocation of costs to
funds, accounts, and agencies—Billing rate.
Auditing services revolving account—Direct payments from
state agencies.
Audit of revolving, local, and other funds and accounts.
Attorney general, report of irregularities to: RCW 43.88.160.
Audits
agricultural marketing agreements and orders: RCW 15.65.490.
apple commission: RCW 15.24.070.
beef commission: RCW 16.67.090.
budget and accounting act, post-audit duties: RCW 43.88.160.
commodity commissions: RCW 15.66.140.
community economic revitalization board: RCW 43.160.090.
gambling commission: RCW 9.46.060.
hardwoods commission: RCW 15.74.040.
honey bee commission: RCW 15.62.040.
housing finance commission: RCW 43.180.050.
irrigation district records: RCW 87.68.100.
liquor control board: RCW 66.08.024.
lottery: RCW 67.70.290.
migratory waterfowl art committee: RCW 77.12.690.
port districts: RCW 53.36.150.
public works projects: RCW 43.155.080.
social and health services, department of: RCW 74.04.270.
state association of elected county officials: RCW 36.47.060.
state fruit commission: RCW 15.28.110.
Washington public port association: RCW 53.06.060.
wine commission: RCW 15.88.070.
Cities and towns
budget forms, preparation of: RCW 35.33.111.
involuntary dissolution of, petition by: RCW 35.07.230.
self-insurance, state audit: RCW 48.62.031.
street expenditures, accounting and reporting system: RCW 35.76.020.
supervision of budgets: RCW 35.33.111.
[Title 43 RCW—page 47]
43.09.010
Title 43 RCW: State Government—Executive
City streets as part of state highway system certified to: RCW 47.24.010.
Commodity commission's annual report to: RCW 15.66.140.
Constitutional duties: State Constitution Art. 3 § 20.
Cost bills in felony cases, audit of, duties: RCW 10.46.230.
County auditors, ex officio deputy state auditor: RCW 36.22.140.
County budgets, rules, classifications, and forms: RCW 36.40.220.
Disbursement of public funds, duties transferred to treasurer: RCW
43.88.210.
Educational service district superintendents, employees—Traveling
expenses and subsistence—Auditor's duties: RCW 28A.310.320.
Eminent domain by state
immediate possession proceedings: RCW 8.04.090.
payment of damages and costs to court: RCW 8.04.160.
Highway construction bonds and warrants, auditor to sign: Chapter 47.10
RCW.
Highway funds generally, auditor's powers and duties: Chapter 47.08 RCW.
mance of all duties required by law. He or she shall take an
oath of office before any person authorized to administer
oaths, and file a copy thereof, together with the required
bond, in the office of the secretary of state. [1995 c 301 § 1;
1965 c 8 § 43.09.010. Prior: 1890 p 634 § 1; RRS § 10996;
prior: Code 1881 § 2566; 1871 p 96 § 1; 1854 p 409 § 2.]
43.09.020
43.09.020 Auditor of public accounts. The auditor
shall be auditor of public accounts, and shall have such powers and perform such duties in connection therewith as may
be prescribed by law. [1989 c 140 § 1; 1965 c 8 § 43.09.020.
Prior: 1890 p 635 § 2; RRS § 10997; prior: Code 1881 §
2567; 1871 p 97 § 4; 1854 p 409 § 3.]
Budget and accounting system, powers and duties: RCW 43.88.160.
Fiscal records open to public: RCW 43.88.200.
Impeachment, liability to: State Constitution Art. 5 § 2.
Industrial insurance, funds, disbursement: RCW 51.44.110.
Justice and inferior courts act of 1961, financial records prescribed by:
RCW 3.30.070.
Legislature
information furnished to: RCW 43.88.160.
reports to of post-audit and financial affairs: RCW 43.88.160.
Oath of office: RCW 43.01.020.
Port districts, toll facilities, bonds and notes: RCW 53.34.140.
Post-audit duties: RCW 43.88.160.
Public assistance accounting duties: RCW 74.04.270.
43.09.025
43.09.025 Deputy auditors—Assistant directors. The
state auditor may appoint deputies and assistant directors as
necessary to carry out the duties of the office of the state auditor. These individuals serve at the pleasure of the state auditor
and are exempt from the provisions of chapter 41.06 RCW as
stated in *RCW 41.06.070(1)(y). [1995 c 301 § 2.]
*Reviser's note: RCW 41.06.070 was amended by 1995 c 163 § 1,
changing subsection (1)(y) to subsection (1)(x); and was subsequently
amended by 2002 c 354 § 209, changing subsection (1)(x) to subsection
(1)(w).
Public blanks used in counties, prescribed by: RCW 36.72.080.
43.09.035
Puget Sound ferry and toll bridge system, auditor's powers and duties relating to: Chapter 47.60 RCW.
Purchase of bridges or ferries by department of transportation, auditor's
powers and duties relating to: RCW 47.56.050.
43.09.035 Assistants—Personnel. The state auditor
may appoint and employ other assistants and personnel necessary to carry out the work of the office of the state auditor.
[1995 c 301 § 3.]
Records committee, to appoint a member of: RCW 40.14.050.
Residence requirement: State Constitution Art. 3 § 24.
Salary, amount of: State Constitution Art. 3 § 20, Art. 28 § 1; RCW
43.03.010.
Steam electric generating plants bond issues, duties as to: RCW 43.21A.630.
Studies and adoption of classifications for school district budgets—Publication: RCW 28A.300.060.
Succession: State Constitution Art. 3 § 10.
Term of office: State Constitution Art. 3 § 3; RCW 43.01.010.
Toll bridges
bonds, auditor to sign: RCW 47.56.140.
improvement of existing bridge and construction of new bridge as single
project, auditor's powers and duties relating to: Chapter 47.58 RCW.
Tort claims against state, filing with: RCW 4.92.100.
Vehicle safety equipment commission, inspection of accounts: RCW
46.38.080.
Volunteer fire fighters, forms for administration of fund provided to: RCW
41.24.070.
Warrants
administrator for the courts: RCW 2.56.090.
disbursement of public moneys, duties transferred: RCW 43.88.210.
GENERALLY
43.09.010
43.09.010 Residence—Office—Bond—Oath. The
state auditor shall reside and keep his or her office at the seat
of government. Before entering upon his or her duties he or
she shall execute and deliver to the secretary of state a bond
to the state in the sum of fifty thousand dollars, to be
approved by the governor, conditioned for the faithful perfor[Title 43 RCW—page 48]
43.09.045
43.09.045 Contracts with certified public accountants. The state auditor may contract with public accountants
certified in Washington to carry out those portions of the
duties of auditing state agencies and local governments as the
state auditor may determine. [1995 c 301 § 4.]
43.09.050
43.09.050 General duties of auditor. The auditor
shall:
(1) Except as otherwise specifically provided by law,
audit the accounts of all collectors of the revenue and other
holders of public money required by law to pay the same into
the treasury;
(2) In his or her discretion, inspect the books of any person charged with the receipt, safekeeping, and disbursement
of public moneys;
(3) Investigate improper governmental activity under
chapter 42.40 RCW;
(4) Inform the attorney general in writing of the necessity for the attorney general to direct prosecutions in the name
of the state for all official delinquencies in relation to the
assessment, collection, and payment of the revenue, against
all persons who, by any means, become possessed of public
money or property, and fail to pay over or deliver the same,
and against all debtors of the state;
(5) Give information in writing to the legislature, whenever required, upon any subject relating to the financial
affairs of the state, or touching any duties of his or her office;
(2004 Ed.)
State Auditor
(6) Report to the director of financial management in
writing the names of all persons who have received any moneys belonging to the state, and have not accounted therefor;
(7) Authenticate with his or her official seal papers
issued from his or her office;
(8) Make his or her official report annually on or before
the 31st of December. [1992 c 118 § 6; 1979 c 151 § 91.
Prior: 1977 ex.s. c 144 § 7; 1977 c 75 § 40; 1971 ex.s. c 170
§ 1; 1965 c 8 § 43.09.050; prior: 1890 p 636 § 5; RRS §
11001; prior: Code 1881 § 2570; 1854 p 410 § 5.]
Severability—1971 ex.s. c 170: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 170 § 5.]
Advances: Chapter 42.24 RCW.
Information to legislature: RCW 43.88.160.
Investigations of improper governmental actions—Protection of employee
disclosures: Chapter 42.40 RCW.
Post-audit duties: RCW 43.88.160.
Powers and duties, budget and accounting system: RCW 43.88.160.
Report of irregularities to attorney general: RCW 43.88.160.
Report to legislature: RCW 43.88.160.
43.09.055
43.09.055 Audit of entities with state contracts or
grants—Costs. The state auditor may, where there is reasonable cause to believe that a misuse of state moneys has
occurred, conduct an audit of financial and legal compliance
of any entity that receives public moneys through contract or
grant in return for services. This authority includes examinations of not-for-profit corporations who provide personal services to a state agency or to clients of a state agency. Such a
financial audit shall be performed in a manner consistent with
this chapter, and may be performed according to an agreed
upon procedures engagement as in the existing 1998 standards of the American institute of certified public accountants professional standards section 600.
The state auditor may charge the contracting agency,
whether state or local, for the costs of an audit of a not-forprofit corporation that receives public moneys through contract or grant in return for services. Any contracting agency
that is responsible to the state auditor for such costs shall use
due diligence to recover costs from the audited entity. [1998
c 232 § 3.]
43.09.200
43.09.165 Subpoenas—Compulsory process—Witnesses—Oaths—Testimony—Penalty. (1) The state auditor, his or her employees and every person legally appointed
to perform such service, may issue subpoenas and compulsory process and direct the service thereof by any constable
or sheriff, compel the attendance of witnesses and the production of books and papers before him or her at any designated time and place, and may administer oaths.
(2) When any person summoned to appear and give testimony neglects or refuses to do so, or neglects or refuses to
answer any question that may be put to him or her touching
any matter under examination, or to produce any books or
papers required, the person making such examination shall
apply to a superior court judge of the proper county to issue a
subpoena for the appearance of such person before him or
her; and the judge shall order the issuance of a subpoena for
the appearance of such person forthwith before him or her to
give testimony; and if any person so summoned fails to
appear, or appearing, refuses to testify, or to produce any
books or papers required, he or she shall be subject to like
proceedings and penalties for contempt as witnesses in the
superior court.
(3) Willful false swearing in any such examination is
perjury under chapter 9A.72 RCW. [2003 c 53 § 225; 1995 c
301 § 5.]
43.09.165
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
43.09.170 May administer oaths. The state auditor
may administer all oaths required by law in matters pertaining to the duties of his or her office. [1995 c 301 § 6; 1965 c
8 § 43.09.170. Prior: 1890 p 641 § 23; RRS § 11017; prior:
Code 1881 § 2586.]
43.09.170
43.09.180
43.09.180 Seal—Copies of documents as evidence.
The state auditor shall keep a seal of office for the identification of all papers, writings, and documents required by law to
be certified by him or her, and copies authenticated and certified of all papers and documents lawfully deposited in his or
her office shall be received in evidence with the same effect
as the originals. [1995 c 301 § 7; 1965 c 8 § 43.09.180. Prior:
1890 p 641 § 24; RRS § 11018; prior: Code 1881 § 2587.]
43.09.185 Loss of public funds—Illegal activity—
Report to state auditor's office. State agencies and local
governments shall immediately report to the state auditor's
office known or suspected loss of public funds or assets or
other illegal activity. [1995 c 301 § 8.]
43.09.185
Findings—Intent—1998 c 232: "The legislature finds that the state
auditor lacks the needed authority to investigate the finances of state nongovernmental contractors. The legislature further finds that current contract
oversight and management procedures cannot ensure that services under
contract are delivered effectively and efficiently. Therefore, the legislature
intends to enhance the authority of the state auditor to audit entities that provide services to the state or its clients under contract with state agencies."
[1998 c 232 § 1.]
43.09.065
43.09.065 Audit of entities with state contracts or
grants—Report regarding criminal misuse of public
moneys. If after a financial audit of an entity that receives
public moneys under contract or grant in return for services,
there is reasonable cause to believe that a criminal misuse of
public moneys has occurred, the office of the state auditor,
within thirty days from receipt of the report, shall deliver a
copy of the report to the appropriate local prosecuting authority. [1998 c 232 § 4.]
Findings—Intent—1998 c 232: See note following RCW 43.09.055.
(2004 Ed.)
LOCAL GOVERNMENT ACCOUNTING
43.09.200 Local government accounting—Uniform
system of accounting. The state auditor shall formulate, prescribe, and install a system of accounting and reporting for all
local governments, which shall be uniform for every public
institution, and every public office, and every public account
of the same class.
The system shall exhibit true accounts and detailed statements of funds collected, received, and expended for account
of the public for any purpose whatever, and by all public
officers, employees, or other persons.
43.09.200
[Title 43 RCW—page 49]
43.09.205
Title 43 RCW: State Government—Executive
The accounts shall show the receipt, use, and disposition
of all public property, and the income, if any, derived therefrom; all sources of public income, and the amounts due and
received from each source; all receipts, vouchers, and other
documents kept, or required to be kept, necessary to isolate
and prove the validity of every transaction; all statements and
reports made or required to be made, for the internal administration of the office to which they pertain; and all reports
published or required to be published, for the information of
the people regarding any and all details of the financial
administration of public affairs. [1995 c 301 § 9; 1965 c 8 §
43.09.200. Prior: 1909 c 76 § 2; RRS § 9952.]
Electronic transfer of public funds to be in compliance with: RCW
39.58.750.
School districts budgets to be in compliance with: RCW 28A.505.120.
43.09.205
43.09.205 Local government accounting—Costs of
public works—Standard form. The state auditor shall prescribe a standard form with which the accounts and records of
costs of all local governments shall be maintained as required
under RCW 39.04.070. [1995 c 301 § 10; 1987 c 120 § 4.]
43.09.210
43.09.210 Local government accounting—Separate
accounts for each fund or activity—Exemption for agency
surplus personal property. Separate accounts shall be kept
for every appropriation or fund of a taxing or legislative body
showing date and manner of each payment made therefrom,
the name, address, and vocation of each person, organization,
corporation, or association to whom paid, and for what purpose paid.
Separate accounts shall be kept for each department,
public improvement, undertaking, institution, and public service industry under the jurisdiction of every taxing body.
All service rendered by, or property transferred from,
one department, public improvement, undertaking, institution, or public service industry to another, shall be paid for at
its true and full value by the department, public improvement, undertaking, institution, or public service industry
receiving the same, and no department, public improvement,
undertaking, institution, or public service industry shall benefit in any financial manner whatever by an appropriation or
fund made for the support of another.
All unexpended balances of appropriations shall be
transferred to the fund from which appropriated, whenever
the account with an appropriation is closed.
This section does not apply to agency surplus personal
property handled under RCW 43.19.1919(5). [2000 c 183 §
2; 1965 c 8 § 43.09.210. Prior: 1909 c 76 § 3; RRS § 9953.]
43.09.220
43.09.220 Local government accounting—Separate
accounts for public service industries. Separate accounts
shall be kept for every public service industry of every local
government, which shall show the true and entire cost of the
ownership and operation thereof, the amount collected annually by general or special taxation for service rendered to the
public, and the amount and character of the service rendered
therefor, and the amount collected annually from private
users for service rendered to them, and the amount and character of the service rendered therefor. [1995 c 301 § 11; 1965
c 8 § 43.09.220. Prior: 1909 c 76 § 4; RRS § 9954.]
[Title 43 RCW—page 50]
43.09.230
43.09.230 Local government accounting—Annual
reports—Comparative statistics. The state auditor shall
require from every local government financial reports covering the full period of each fiscal year, in accordance with the
forms and methods prescribed by the state auditor, which
shall be uniform for all accounts of the same class.
Such reports shall be prepared, certified, and filed with
the state auditor within one hundred fifty days after the close
of each fiscal year.
The reports shall contain accurate statements, in summarized form, of all collections made, or receipts received, by
the officers from all sources; all accounts due the public treasury, but not collected; and all expenditures for every purpose, and by what authority authorized; and also: (1) A statement of all costs of ownership and operation, and of all
income, of each and every public service industry owned and
operated by a local government; (2) a statement of the entire
public debt of every local government, to which power has
been delegated by the state to create a public debt, showing
the purpose for which each item of the debt was created, and
the provisions made for the payment thereof; (3) a classified
statement of all receipts and expenditures by any public institution; and (4) a statement of all expenditures for labor relations consultants, with the identification of each consultant,
compensation, and the terms and conditions of each agreement or arrangement; together with such other information as
may be required by the state auditor.
The reports shall be certified as to their correctness by
the state auditor, the state auditor's deputies, or other person
legally authorized to make such certification.
Their substance shall be published in an annual volume
of comparative statistics at the expense of the state as a public
document. [1995 c 301 § 12; 1993 c 18 § 2; 1989 c 168 § 1;
1977 c 75 § 41; 1965 c 8 § 43.09.230. Prior: 1909 c 76 § 5;
RRS § 9955.]
Finding—Purpose—1993 c 18: "The legislature finds and declares
that the use of outside consultants is an increasing element in public sector
labor relations. The public has a right to be kept informed about the role of
outside consultants in public sector labor relations. The purpose of this act is
to help ensure that public information is available." [1993 c 18 § 1.]
43.09.240
43.09.240 Local government accounting—Public
officers and employees—Duty to account and report—
Removal from office—Deposit of collections. Every public
officer and employee of a local government shall keep all
accounts of his or her office in the form prescribed and make
all reports required by the state auditor. Any public officer or
employee who refuses or willfully neglects to perform such
duties shall be subject to removal from office in an appropriate proceeding for that purpose brought by the attorney general or by any prosecuting attorney.
Every public officer and employee, whose duty it is to
collect or receive payments due or for the use of the public
shall deposit such moneys collected or received by him or her
with the treasurer of the local government once every twentyfour consecutive hours. The treasurer may in his or her discretion grant an exception where such daily transfers would
not be administratively practical or feasible as long as the
treasurer has received a written request from the department,
district, or agency, and where the department, district, or
agency certifies that the money is held with proper safekeep(2004 Ed.)
State Auditor
ing and that the entity carries out proper theft protection to
reduce risk of loss of funds. Exceptions granted by the treasurer shall state the frequency with which deposits are
required as long as no exception exceeds a time period
greater than one deposit per week.
In case a public officer or employee collects or receives
funds for the account of a local government of which he or
she is an officer or employee, the treasurer shall, by Friday of
each week, pay to the proper officer of the local government
for the account of which the collection was made or payment
received, the full amount collected or received during the current week for the account of the district. [2002 c 168 § 3;
1995 c 301 § 13; 1991 c 245 § 13; 1965 c 8 § 43.09.240.
Prior: 1963 c 209 § 2; 1911 c 30 § 1; 1909 c 76 § 6; RRS §
9956; prior: 1890 p 638 § 11; Code 1881 § 2577; 1854 p 411
§ 7.]
43.09.280
same to final determination to carry into effect the findings of
the examination.
It shall be unlawful for any local government or the
responsible head thereof, to make a settlement or compromise of any claim arising out of such malfeasance, misfeasance, or nonfeasance, or any action commenced therefor, or
for any court to enter upon any compromise or settlement of
such action, without the written approval and consent of the
attorney general and the state auditor. [1995 c 301 § 15; 1991
sp.s. c 30 § 26; 1979 c 71 § 1; 1965 c 8 § 43.09.260. Prior:
1909 c 76 § 8; RRS § 9958.]
Effective date, implementation, application—Severability—1991
sp.s. c 30: See RCW 48.62.900 and 48.62.901.
School district budgeting violations not to affect duties of attorney general
under RCW 43.09.260: RCW 28A.505.150.
43.09.265
43.09.245
43.09.245 Local government accounting—Examination of financial affairs. The state auditor has the power to
examine all the financial affairs of every local government
and its officers and employees. [1995 c 301 § 14.]
43.09.265 Local government accounting—Review of
tax levies of local governments. The state auditor shall
review the tax levies of all local governments in the regular
examinations under RCW 43.09.260. [1995 c 301 § 16; 1979
ex.s. c 218 § 7.]
43.09.270
43.09.260
43.09.260 Local government accounting—Examination of local governments—Reports—Action by attorney
general. The examination of the financial affairs of all local
governments shall be made at such reasonable, periodic intervals as the state auditor shall determine. However, an examination of the financial affairs of all local governments shall
be made at least once in every three years, and an examination of individual local government health and welfare benefit plans and local government self-insurance programs shall
be made at least once every two years. The term local governments for purposes of this chapter includes but is not limited
to all counties, cities, and other political subdivisions, municipal corporations, and quasi-municipal corporations, however
denominated.
The state auditor shall establish a schedule to govern the
auditing of local governments which shall include: A designation of the various classifications of local governments; a
designation of the frequency for auditing each type of local
government; and a description of events which cause a more
frequent audit to be conducted.
On every such examination, inquiry shall be made as to
the financial condition and resources of the local government; whether the Constitution and laws of the state, the ordinances and orders of the local government, and the requirements of the state auditor have been properly complied with;
and into the methods and accuracy of the accounts and
reports.
A report of such examination shall be made and filed in
the office of state auditor, and one copy shall be transmitted
to the local government. A copy of any report containing
findings of noncompliance with state law shall be transmitted
to the attorney general. If any such report discloses malfeasance, misfeasance, or nonfeasance in office on the part of
any public officer or employee, within thirty days from the
receipt of his or her copy of the report, the attorney general
shall institute, in the proper county, such legal action as is
proper in the premises by civil process and prosecute the
(2004 Ed.)
43.09.270 Local government accounting—Expense
of audit, what constitutes. The expense of auditing local
governments and those expenses directly related to prescribing accounting systems, training, maintenance of working
capital including reserves for late and uncollectible accounts
and necessary adjustments to billings, and field audit supervision, shall be considered expenses of auditing public
accounts within the meaning of RCW 43.09.280 and
43.09.282, and shall be prorated for that purpose equally
among all entities directly affected by such service. [1995 c
301 § 17; 1993 c 315 § 1; 1991 sp.s. c 16 § 920; 1982 c 206 §
1; 1965 c 8 § 43.09.270. Prior: 1963 c 209 § 4; 1911 c 30 §
1; 1909 c 76 § 10; RRS § 9960.]
Effective date—1993 c 315: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 315 § 2.]
Severability—Effective date—1991 sp.s. c 16: See notes following
RCW 9.46.100.
43.09.280
43.09.280 Local government accounting—Expense
of examination. The expense of auditing public accounts
shall be borne by each entity subject to such audit for the
auditing of all accounts under its jurisdiction and the state
auditor shall certify the expense of such audit to the fiscal or
warrant-issuing officer of such entity, who shall immediately
make payment to the state auditor. If the expense as certified
is not paid by any local government within thirty days from
the date of certification, the state auditor may certify the
expense to the auditor of the county in which the local government is situated, who shall promptly issue his or her warrant on the county treasurer payable out of the current
expense fund of the county, which fund, except as to auditing
the financial affairs and making inspection and examination
of the county, shall be reimbursed by the county auditor or
chief financial officer out of the money due the local government at the next monthly settlement of the collection of taxes
and shall be transferred to the current expense fund. [1995 c
[Title 43 RCW—page 51]
43.09.2801
Title 43 RCW: State Government—Executive
301 § 18; 1979 c 71 § 2; 1965 c 8 § 43.09.280. Prior: 1963 c
209 § 5; 1911 c 30 § 1; 1909 c 76 § 11; RRS § 9961.]
43.09.2801 Local government accounting—Expense
of audit—Additional charge. (1) From July 1, 1992, to
June 30, 1995, the state auditor shall charge an entity subject
to an audit an additional ten cents per hour billed under RCW
43.09.270 and 43.09.280, to be deposited in the local government administrative hearings account.
(2) After June 30, 1995, the state auditor shall base the
amount to be collected and deposited into the local government administrative hearings account on the funds remaining
in the account on June 30, 1995, and the anticipated caseload
for the future.
(3) The state auditor may exempt a local government that
certifies that it is in compliance with RCW 42.41.050 from a
charge added under subsection (1) or (2) of this section.
[1995 c 301 § 19; 1992 c 44 § 11.]
43.09.2801
Effective dates—Severability—1992 c 44: See RCW 42.41.901 and
42.41.902.
Local government administrative hearings account: RCW 42.41.060.
43.09.281 Appeal procedure to be adopted—Inclusion of number and disposition of appeals in annual
report. The state auditor shall adopt appropriate rules pursuant to chapter 34.05 RCW, the administrative procedure act,
to provide a procedure whereby a *taxing district may appeal
charges levied under RCW 43.09.280. Such procedure shall
provide for an administrative review process and an external
review process which shall be advisory to the state auditor's
office. The number of appeals and their disposition shall be
included in the auditor's annual report. [1982 c 206 § 3.]
43.09.281
*Reviser's note: "Taxing district" was redesignated "local government" by 1995 c 301 § 18.
43.09.282 Local government accounting—Municipal
revolving account—Records of auditing costs. For the
purposes of centralized funding, accounting, and distribution
of the costs of the audits performed on local governments by
the state auditor, there is hereby created an account entitled
the municipal revolving account. The state treasurer shall be
custodian of the account. All moneys received by the state
auditor or by any officer or employee thereof shall be deposited with the state treasurer and credited to the municipal
revolving account. Only the state auditor or the auditor's designee may authorize expenditures from the account. No
appropriation is required for expenditures. The state auditor
shall keep such records as are necessary to detail the auditing
costs attributable to the various types of local governments.
[1995 c 301 § 20; 1982 c 206 § 2; 1965 c 8 § 43.09.282. Prior:
1963 c 209 § 6.]
43.09.282
Effective date—1982 c 206 § 2: "Section 2 of this act shall take effect
on July 1, 1983." [1982 c 206 § 4.]
43.09.285 Joint operations by municipal corporations or political subdivisions—Deposit and control of
funds. Whenever by law, two or more municipal corporations or political subdivisions of the state are permitted by
law to engage in a joint operation, the funds of such joint
operation shall be deposited in the public treasury of the
municipal corporation or political subdivision embracing the
largest population or the public treasury of any other as so
agreed upon by the parties; and such deposit shall be subject
to the same audit and fiscal controls as the public treasury
where the funds are so deposited: PROVIDED, That whenever the laws applicable to any particular joint operation specifically state a contrary rule for deposits, the specific rule
shall apply in lieu of the provisions of this section: PROVIDED, FURTHER, That nothing contained herein shall be
construed as limiting the power or authority of the disbursing
officer of such joint operation from making disbursements in
accordance with the provisions of any contract or agreement
entered into between the parties to the joint operation. [1967
c 41 § 1.]
43.09.2851
43.09.2851 Repayment of amounts charged to
another fund within same political subdivision to be credited to original fund or appropriation—Expenditure.
Except as otherwise provided by law, amounts charged by a
county, city, or other municipal or quasi municipal corporation for providing services or furnishing materials to or for
another fund within the same county, city, or other municipal
or quasi municipal corporation pursuant to RCW 43.09.210
or other law shall be repaid and credited to the fund or appropriation against which the expenditure originally was
charged. Amounts representing a return of expenditures from
an appropriation shall be considered as returned loans of services or goods, supplies, or other materials furnished and
may be expended as part of the original appropriation to
which they belong, without further or additional appropriation.
Except as otherwise provided by law, this section shall
not apply to the furnishing of materials or services by one
fund to another when other funds have been provided specifically for that purpose pursuant to law. [1981 c 39 § 1. Formerly RCW 39.58.160.]
43.09.2853
43.09.2853 Municipal corporations authorized to
establish line of credit for payment of warrants—Interest.
Any municipal corporation is authorized to establish a line of
credit with any *qualified public depositary to be drawn upon
for cashing its warrants, to delegate to a fiscal officer authority to determine the amount of credit extended, and to pay
interest and other finance or service charges. The interest rate
may be a fixed rate set periodically or a fluctuating rate determined by agreement of the parties. If any warrant of a municipal corporation is presented and not paid for lack of funds,
the interest rate set on unpaid warrants shall apply. Nothing
in this section affects the priority for payment of warrants
established by law. [1981 c 156 § 37. Formerly RCW
39.58.170.]
*Reviser's note: The term "qualified public depositary" was redefined
as "public depositary" by 1996 c 256 § 1.
43.09.285
[Title 43 RCW—page 52]
43.09.2855
43.09.2855 Local governments—Use of credit cards.
(1) Local governments, including counties, cities, towns, special purpose districts, municipal and quasi-municipal corporations, and political subdivisions, are authorized to use
credit cards for official government purchases and acquisitions.
(2004 Ed.)
State Auditor
(2) A local government may contract for issuance of the
credit cards.
(3) The legislative body shall adopt a system for:
(a) The distribution of the credit cards;
(b) The authorization and control of the use of credit card
funds;
(c) The credit limits available on the credit cards;
(d) Payment of the bills; and
(e) Any other rule necessary to implement or administer
the system under this section.
(4) As used in this section, "credit card" means a card or
device issued under an arrangement pursuant to which the
issuer gives to a card holder the privilege of obtaining credit
from the issuer.
(5) Any credit card system adopted under this section is
subject to examination by the state auditor's office pursuant
to chapter 43.09 RCW.
(6) Cash advances on credit cards are prohibited. [1995
c 30 § 2. Formerly RCW 39.58.180.]
Findings—1995 c 30: "The legislature finds that (1) the use of credit
cards is a customary and economical business practice to improve cash management, reduce costs, and increase efficiency; and (2) local governments
should consider and use credit cards when appropriate." [1995 c 30 § 1.]
AGENCY AUDITS
43.09.290
43.09.290 Post-audit of state agencies—Definitions.
For the purposes of RCW 43.09.290 through 43.09.340 and
43.09.410 through 43.09.418, post-audit means an audit of
the books, records, funds, accounts, and financial transactions of a state agency for a complete fiscal period; pre-audit
means all other audits and examinations; state agency means
elective officers and offices, and every other office, officer,
department, board, council, committee, commission, or
authority of the state government now existing or hereafter
created, supported, wholly or in part, by appropriations from
the state treasury or funds under its control, or by the levy,
assessment, collection, or receipt of fines, penalties, fees,
licenses, sales of commodities, service charges, rentals,
grants-in-aid, or other income provided by law, and all state
educational, penal, reformatory, charitable, eleemosynary, or
other institutions, supported, wholly or in part, by appropriations from the state treasury or funds under its control. [1995
c 301 § 21; 1981 c 336 § 6; 1965 c 8 § 43.09.290. Prior: 1941
c 196 § 1; Rem. Supp. 1941 § 11018-1.]
Effective date—1981 c 336: See note following RCW 43.09.410.
Petty cash: RCW 42.26.080.
Post-audit duties, budget and accounting system: RCW 43.88.160.
43.09.310
43.09.310 Audit of statewide combined financial
statements—Post-audits of state agencies—Periodic
audits—Reports—Filing. The state auditor shall annually
audit the statewide combined financial statements prepared
by the office of financial management and make post-audits
of state agencies. Post-audits of state agencies shall be made
at such periodic intervals as is determined by the state auditor. Audits of combined financial statements shall include
determinations as to the validity and accuracy of accounting
methods, procedures and standards utilized in their preparation, as well as the accuracy of the financial statements themselves. A report shall be made of each such audit and post(2004 Ed.)
43.09.410
audit upon completion thereof, and one copy shall be transmitted to the governor, one to the director of financial management, one to the state agency audited, one to the joint legislative audit and review committee, one each to the standing
committees on ways and means of the house and senate, one
to the chief clerk of the house, one to the secretary of the senate, and at least one shall be kept on file in the office of the
state auditor. A copy of any report containing findings of
noncompliance with state law shall be transmitted to the
attorney general. [1996 c 288 § 35; 1995 c 301 § 22; 1981 c
217 § 1; 1979 c 151 § 92; 1975-'76 2nd ex.s. c 17 § 1. Prior:
1975 1st ex.s. c 293 § 1; 1975 1st ex.s. c 193 § 1; 1971 ex.s.
c 170 § 2; 1965 c 8 § 43.09.310; prior: 1947 c 114 § 1; 1941
c 196 § 3; Rem. Supp. 1947 § 11018-3.]
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
Severability—1971 ex.s. c 170: See note following RCW 43.09.050.
Reports of post-audits: RCW 43.88.160.
43.09.330
43.09.330 Audit disclosing malfeasance or nonfeasance—Action by attorney general. If any audit of a state
agency discloses malfeasance, misfeasance, or nonfeasance
in office on the part of any public officer or employee, within
thirty days from the receipt of his or her copy of the report,
the attorney general shall institute and prosecute in the proper
county, appropriate legal action to carry into effect the findings of such post-audit. It shall be unlawful for any state
agency or the responsible head thereof, to make a settlement
or compromise of any claim arising out of such malfeasance,
misfeasance, or nonfeasance, or any action commenced
therefor, or for any court to enter upon any compromise or
settlement of such action without the written approval and
consent of the attorney general and the state auditor. [1995 c
301 § 23; 1965 c 8 § 43.09.330. Prior: 1941 c 196 § 5; Rem.
Supp. 1941 § 11018-5.]
43.09.340
43.09.340 Post-audit of books of state auditor. The
governor shall, at least every two years, provide for a postaudit of the books, accounts, and records of the state auditor,
and the funds under his or her control, to be made either by
independent qualified public accountants or the director of
financial management, as he or she may determine. The
expense of making such audit shall be paid from appropriations made therefor from the general fund. [1995 c 301 § 24;
1979 c 151 § 93; 1965 c 8 § 43.09.340. Prior: 1947 c 114 §
2; 1941 c 196 § 6; Rem. Supp. 1947 § 11018-6.]
43.09.410
43.09.410 Auditing services revolving account—Created—Purpose. An auditing services revolving account is
hereby created in the state treasury for the purpose of a centralized funding, accounting, and distribution of the actual
costs of the audits provided to state agencies by the state
auditor and audits of the state employee whistleblower program under RCW 42.40.110. [1999 c 361 § 9; 1995 c 301 §
25; 1981 c 336 § 1.]
Effective date—1981 c 336: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on July
1, 1981." [1981 c 336 § 8.]
[Title 43 RCW—page 53]
43.09.412
Title 43 RCW: State Government—Executive
43.09.412
43.09.412 Auditing services revolving account—
Transfers and payments into account—Allotments to
state auditor. The amounts to be disbursed from the auditing services revolving account shall be paid from funds
appropriated to any and all state agencies for auditing services or administrative expenses. State agencies operating in
whole or in part from nonappropriated funds shall pay into
the auditing services revolving account such funds as will
fully reimburse funds appropriated to the state auditor for
auditing services provided.
The director of financial management shall allot all such
funds to the state auditor for the operation of his or her office,
pursuant to appropriation, in the same manner as appropriated funds are allocated to other state agencies headed by
elected officers under chapter 43.88 RCW. [1995 c 301 § 26;
1987 c 165 § 1; 1981 c 336 § 2.]
Effective date—1981 c 336: See note following RCW 43.09.410.
43.09.414
43.09.414 Auditing services revolving account—Disbursements. Disbursements from the auditing services
revolving account shall be made pursuant to vouchers executed by the state auditor or his or her designee in accordance
with RCW 43.09.412. [1995 c 301 § 27; 1981 c 336 § 3.]
Effective date—1981 c 336: See note following RCW 43.09.410.
43.09.416
43.09.416 Auditing services revolving account—
Allocation of costs to funds, accounts, and agencies—Billing rate. The state auditor shall keep such records as are necessary to facilitate proper allocation of costs to funds and
accounts and state agencies served and the director of financial management shall prescribe appropriate accounting procedures to accurately allocate costs to funds and accounts and
state agencies served. The billing rate shall be established
based on costs incurred in the prior biennium and anticipated
costs in the new biennium. Those expenses related to training, maintenance of working capital including reserves for
late and uncollectible accounts, and necessary adjustments to
billings, shall be considered as expenses of auditing public
accounts. Working capital shall not exceed five percent of the
auditing services revolving account appropriation. [1995 c
301 § 28; 1987 c 165 § 2; 1981 c 336 § 4.]
Effective date—1981 c 336: See note following RCW 43.09.410.
43.09.418
43.09.418 Auditing services revolving account—
Direct payments from state agencies. In cases where there
are unanticipated demands for auditing services or where
there are insufficient funds on hand or available for payment
through the auditing services revolving account or in other
cases of necessity, the state auditor may request payment for
auditing services directly from state agencies for whom the
services are performed to the extent that revenues or other
funds are available. Upon approval by the director of financial management the state agency shall make the requested
payment. The payment may be made on either an advance or
reimbursable basis as approved by the director of financial
management. [1995 c 301 § 29; 1981 c 336 § 5.]
Effective date—1981 c 336: See note following RCW 43.09.410.
43.09.420
43.09.420 Audit of revolving, local, and other funds
and accounts. As part of the routine audits of state agencies,
[Title 43 RCW—page 54]
the state auditor shall audit all revolving funds, local funds,
and other state funds and state accounts that are not managed
by or in the care of the state treasurer and that are under the
control of state agencies, including but not limited to state
departments, boards, and commissions. In conducting the
audits of these funds and accounts, the auditor shall examine
revenues and expenditures or assets and liabilities, accounting methods and procedures, and recordkeeping practices. In
addition to including the results of these examinations as part
of the routine audits of the agencies, the auditor shall report
to the legislature on the status of all such funds and accounts
that have been examined during the preceding biennium and
any recommendations for their improved financial management. Such a report shall be filed with the legislature within
five months of the end of each biennium regarding the funds
and accounts audited during the biennium. The first such
report shall be filed by December 1, 1993, regarding any such
funds and accounts audited during the 1991-93 biennium.
[1993 c 216 § 1.]
Chapter 43.10
Chapter 43.10 RCW
ATTORNEY GENERAL
Sections
43.10.010
43.10.020
43.10.030
43.10.035
43.10.040
43.10.045
43.10.050
43.10.060
43.10.065
43.10.067
43.10.070
43.10.080
43.10.090
43.10.095
43.10.097
43.10.101
43.10.110
43.10.115
43.10.120
43.10.125
43.10.130
43.10.150
43.10.160
43.10.170
43.10.180
43.10.190
43.10.200
43.10.210
43.10.215
43.10.220
43.10.230
43.10.232
43.10.234
43.10.240
43.10.250
43.10.260
43.10.270
Qualifications—Oath—Bond.
Additional bond—Penalty for failure to furnish.
General powers and duties.
Prosecutions for official delinquencies in the assessment, collection and payment of revenue; failure to pay over or deliver
public money or property; and against all debtors of the state.
Representation of boards, commissions and agencies.
Retention of counsel by legislature—Notice—Representation
in absence of notice.
Authority to execute appeal and other bonds.
Appointment and authority of assistants.
Employment of attorneys and employees to transact state's
legal business.
Employment of attorneys by others restricted.
Compensation of assistants, attorneys and employees.
Employment of experts, technicians.
Criminal investigations—Supervision.
Homicide investigative tracking system—Supervision management and recidivist tracking (SMART) system.
Homicide investigative tracking system—Purpose limited.
Report to legislative transportation committee—Tort claims.
Other powers and duties.
Private practice of law—Attorney general—Prohibited.
Private practice of law—Deputies and assistants—Prohibited.
Private practice of law—Special assistant attorney generals.
Private practice of law—Exceptions.
Legal services revolving fund—Created—Purpose.
Legal services revolving fund—Transfers and payments into
fund—Allotments to attorney general.
Legal services revolving fund—Disbursements.
Legal services revolving fund—Allocation of costs to funds
and agencies—Accounting—Billing.
Legal services revolving fund—Direct payments from agencies.
Legal services revolving fund—Recovered court costs, fees
and expenses—Deposit in fund—Expenditure.
Antitrust revolving fund—Legislative finding and purpose.
Antitrust revolving fund—Created—Contents.
Antitrust revolving fund—Expenditures.
Purpose.
Concurrent authority to investigate crimes and initiate and
conduct prosecutions—Payment of costs.
Determination of prosecuting authority if defendant charged
by attorney general and prosecuting attorney.
Investigative and criminal prosecution activity—Annual
report—Security protection.
Appellate review of criminal case.
Criminal profiteering—Assistance to local officials.
Criminal profiteering—Asset recovery.
(2004 Ed.)
Attorney General
Chapter 43.10
Acquisition of access to timber and valuable materials on state lands, eminent domain proceedings brought by: RCW 79.36.320.
Industrial insurance, attorney general as legal advisor of department,
board: RCW 51.52.140.
Actions against regents, trustees, etc., of institutions of higher education or
educational boards, attorney general to defend: RCW 28B.10.842.
Initiative and referendum transmittal of copies to attorney general: RCW
29A.72.040.
Actions against state
duties: State Constitution Art. 3 § 21.
counsel for state: RCW 4.92.030.
governor may direct attorney general to appear for: RCW 43.06.010.
officers defended by: RCW 4.92.070, 43.10.030.
service of summons and complaint on: RCW 4.92.020.
Advertising, action against false, untrue, or deceptive advertising: RCW
9.04.060.
Installment sales of goods and services, action by attorney general to prevent violations: RCW 63.14.190.
Agricultural cooperatives
enabling act of 1961, attorney general to prosecute violations: RCW
15.65.550.
marketing agreements, attorneys employed to be approved by: RCW
15.65.210.
Board of natural resources, attorney general to represent: RCW 79.01.736.
Bond issues
housing authorities, certification by: RCW 35.82.160.
irrigation districts, certification by: RCW 87.25.030.
Insurance code, representation of commissioner: RCW 48.02.080.
Irrigation districts, certification of bonds, legality of: RCW 87.25.030.
Juvenile court, orders of support, enforcement by: RCW 13.34.161.
Liability coverage of university personnel and students, approval of claims
by attorney general, when: RCW 28B.20.253.
Liquor control board, general counsel for: RCW 66.08.022.
Local government accounting, duties concerning: RCW 43.09.260.
Militia and military affairs
eminent domain for military purposes: RCW 8.04.170, 8.04.180.
officers and enlisted persons, attorney general to defend actions against:
RCW 38.40.010.
Motor freight carriers, violations, attorney general to assign assistant to
enforce compliance: RCW 81.80.330.
Bonds
appeal and surety in judicial actions execution by: RCW 43.10.050.
motor vehicle dealers' surety bond approved by: RCW 46.70.070.
vehicle wreckers' surety bond approved by: RCW 46.80.070.
Budget and accounting irregularities, report of state auditor to attorney general: RCW 43.88.160.
Motor vehicle dealers' licenses, attorney general to approve applicant's
surety bond accompanying application for: RCW 46.70.070.
Camping resorts, actions by attorney general relating to: RCW 19.105.470.
Official bond: RCW 43.10.010, 43.10.020.
Cemetery board, representation of: RCW 68.05.120.
Charitable solicitors, attorney general's powers and duties relating to:
Chapter 19.09 RCW.
Poisons, enforcement of law relating to: RCW 69.40.025.
Child support duties: Chapters 74.20 and 74.20A RCW.
Clemency and pardons board, to provide staff for: RCW 9.94A.880.
Railroad employees' sanitation and shelter requirements, enforcement by:
RCW 81.04.405.
Common carriers, action to collect treble damages for rebates, discounts,
refunds, etc., duties concerning: RCW 81.28.220.
Real estate brokers and salespersons' licensing, to act as legal advisor:
RCW 18.85.345.
Corporations
governor may require attorney general to inquire into affairs of: RCW
43.06.010.
involuntary dissolution of corporation, attorney general may bring action
for: Chapter 23B.14 RCW.
Corruption in office, removal by legislature: State Constitution Art. 4 § 9.
Records, keeping of: State Constitution Art. 3 § 24; RCW 43.10.030.
County commissioners, special attorneys, employment: RCW 36.32.200.
Natural resources department, counsel for: RCW 78.52.035.
Oath of office: RCW 43.01.020, 43.10.010.
Office hours regulation does not apply to: RCW 42.04.060.
Puget Sound ferry and toll bridge system, attorney general's powers and
duties relating to: Chapter 47.60 RCW.
Records committee, to appoint a member of: RCW 40.14.050.
Removal from office, grounds: State Constitution Art. 4 § 9.
Salary, amount of: State Constitution Art. 28 § 1; RCW 43.03.010.
Schools and school districts, supervision of prosecuting attorney: RCW
36.27.020.
Criminal charges arising from official acts of state officers or employees—
Defense: RCW 10.01.150.
Declaratory judgments: RCW 7.24.110.
Securities act violations referred to: RCW 21.20.410.
Election of: State Constitution Art. 3 § 1.
State board for volunteer fire fighters and reserve officers, to advise: RCW
41.24.280.
Elections, ballot titles and explanatory statements prepared by: RCW
29A.52.340, 29A.32.050.
Social and health services department, representation, hospital regulation:
RCW 70.41.160.
State board of health, representation, hospital regulation: RCW 70.41.160.
Elevators, escalators and dumbwaiters, injunction for operation without
permit brought by: RCW 70.87.140.
State officers, defends actions against: RCW 4.92.070, 43.10.030.
Eminent domain
by state, duties: Chapter 8.04 RCW.
proceedings for acquisition of toll bridge property, attorney general to
represent department of transportation: RCW 47.56.110.
Subversive activities act, duties as to: Chapter 9.81 RCW.
Food, drug and cosmetic act, prosecution of violations: RCW 69.04.160.
Gambling
activities, as affecting: Chapter 9.46 RCW.
commission, counsel for: RCW 9.46.060.
Governor
may require attorney general to aid any prosecuting attorney: RCW
43.06.010.
may require attorney general to investigate corporations: RCW
43.06.010.
Highway eminent domain for toll facilities, duties: RCW 47.56.110.
Highway lands transfer to United States, certification by: RCW 47.12.080.
Impeachment: State Constitution Art. 5 § 2.
(2004 Ed.)
Steamboat company penalties, recovery action by attorney general: RCW
81.84.050.
Succession: State Constitution Art. 3 § 10.
Support of dependent children
agreements between attorney general and prosecuting attorneys to initiate
petition for support under uniform act: RCW 74.20.210.
divorce or separate maintenance actions, attorney general or prosecuting
attorney to initiate an action: RCW 74.20.220.
petition for order upon husband to provide support, attorney general may
apply for, when: RCW 74.20.230.
Term of office: State Constitution Art. 3 § 3; RCW 43.01.010.
Term papers, theses, dissertations, sale of prohibited, attorney general participation: RCW 28B.10.584.
Tort claims against state, authority to settle, compromise and stipulate for
judgment: RCW 4.92.150.
[Title 43 RCW—page 55]
43.10.010
Title 43 RCW: State Government—Executive
Transfer of highway lands to United States, municipal subdivision or public
utility, attorney general to adjudge if in public interest and certify:
RCW 47.12.080.
Unemployment compensation, representation of department: RCW
50.12.150.
Unfair business practices act
assurance of discontinuance of practices, acceptance by: RCW 19.86.100.
restraint of prohibited acts, action by: RCW 19.86.080.
Utilities and transportation commission
compliance with law by persons or corporations regulated, duty to
enforce: RCW 80.01.100, 80.04.510.
duty to represent: RCW 80.01.100, 80.04.510.
Vehicle wreckers' licensing, surety bonds accompanying application to be
approved by: RCW 46.80.070.
Vital statistics, duty to enforce laws of: RCW 70.58.050.
Washington habitual traffic offenders act, attorney general's duties: Chapter 46.65 RCW.
43.10.010
43.10.010 Qualifications—Oath—Bond. No person
shall be eligible to be attorney general unless he is a qualified
practitioner of the supreme court of this state.
Before entering upon the duties of his office, any person
elected or appointed attorney general shall take, subscribe,
and file the oath of office as required by law; take, subscribe,
and file with the secretary of state an oath to comply with the
provisions of RCW 43.10.115; and execute and file with the
secretary of state, a bond to the state, in the sum of five thousand dollars, with sureties to be approved by the governor,
conditioned for the faithful performance of his duties and the
paying over of all moneys, as provided by law. [1973 c 43 §
1; 1965 c 8 § 43.10.010. Prior: 1929 c 92 § 1, part; RRS §
11030, part; prior: 1921 c 119 § 1; 1888 p 7 § 4.]
Severability—1973 c 43: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 43 § 6.]
43.10.020
43.10.020 Additional bond—Penalty for failure to
furnish. If the governor deems any bond filed by the attorney general insufficient, he may require an additional bond
for any amount not exceeding five thousand dollars.
If any attorney general fails to give such additional bond
as required by the governor within twenty days after notice in
writing of such requirement, his office may be declared
vacant by the governor and filled as provided by law. [1965
c 8 § 43.10.020. Prior: (i) 1929 c 92 § 1, part; RRS § 11030,
part. (ii) 1929 c 92 § 2; RRS § 11031; prior: 1921 c 119 § 1;
1888 p 7 §§ 4, 5.]
43.10.030
43.10.030 General powers and duties. The attorney
general shall:
(1) Appear for and represent the state before the supreme
court or the court of appeals in all cases in which the state is
interested;
(2) Institute and prosecute all actions and proceedings
for, or for the use of the state, which may be necessary in the
execution of the duties of any state officer;
(3) Defend all actions and proceedings against any state
officer or employee acting in his official capacity, in any of
the courts of this state or the United States;
(4) Consult with and advise the several prosecuting attorneys in matters relating to the duties of their office, and when
[Title 43 RCW—page 56]
the interests of the state require, he shall attend the trial of any
person accused of a crime, and assist in the prosecution;
(5) Consult with and advise the governor, members of
the legislature, and other state officers, and when requested,
give written opinions upon all constitutional or legal questions relating to the duties of such officers;
(6) Prepare proper drafts of contracts and other instruments relating to subjects in which the state is interested;
(7) Give written opinions, when requested by either
branch of the legislature, or any committee thereof, upon
constitutional or legal questions;
(8) Enforce the proper application of funds appropriated
for the public institutions of the state, and prosecute corporations for failure or refusal to make the reports required by
law;
(9) Keep in proper books a record of all cases prosecuted
or defended by him, on behalf of the state or its officers, and
of all proceedings had in relation thereto, and deliver the
same to his successor in office;
(10) Keep books in which he shall record all the official
opinions given by him during his term of office, and deliver
the same to his successor in office;
(11) Pay into the state treasury all moneys received by
him for the use of the state. [1975 c 40 § 5; 1971 c 81 § 109;
1965 c 8 § 43.10.030. Prior: (i) 1929 c 92 § 3; RRS § 112. (ii)
1929 c 92 § 4; RRS § 11032; prior: 1891 c 55 § 2; 1888 p 8
§ 6.]
43.10.035
43.10.035 Prosecutions for official delinquencies in
the assessment, collection and payment of revenue; failure to pay over or deliver public money or property; and
against all debtors of the state. Upon receipt of information
from the state auditor as provided in *RCW 43.09.050(3) as
now or hereafter amended, the attorney general shall direct
prosecutions in the name of the state for all official delinquencies in relation to the assessment, collection, and payment of the revenue, against all persons who, by any means,
become possessed of public money or property, and fail to
pay over or deliver the same, and against all debtors of the
state. [1977 ex.s. c 144 § 9.]
*Reviser's note: RCW 43.09.050 was amended by 1992 c 118 § 6,
changing subsection (3) to subsection (4).
43.10.040
43.10.040 Representation of boards, commissions
and agencies. The attorney general shall also represent the
state and all officials, departments, boards, commissions and
agencies of the state in the courts, and before all administrative tribunals or bodies of any nature, in all legal or quasi
legal matters, hearings, or proceedings, and advise all officials, departments, boards, commissions, or agencies of the
state in all matters involving legal or quasi legal questions,
except those declared by law to be the duty of the prosecuting
attorney of any county. [1965 c 8 § 43.10.040. Prior: 1941 c
50 § 1, part; Rem. Supp. 1941 § 11034-3, part.]
43.10.045
43.10.045 Retention of counsel by legislature—
Notice—Representation in absence of notice. The legislature may employ or retain counsel of its own choosing. However, the legislature shall notify the attorney general whenever it makes a decision to use the services of such counsel to
(2004 Ed.)
Attorney General
represent it or any of its members in a particular judicial or
administrative proceeding. With respect to any such proceeding where the legislature has not so notified the attorney general, the attorney general shall represent the legislature until
so notified. For purposes of this section, "legislature" means
the senate and house of representatives together. The major
purposes of this section are to confirm and implement in statute law the constitutional power of the legislative branch to
select its own counsel. [1986 c 323 § 1.]
43.10.095
43.10.070
43.10.070 Compensation of assistants, attorneys and
employees. The attorney general shall fix the compensation
of all assistants, attorneys, and employees, and in the event
they are assigned to any department, board, or commission,
such department, board, or commission shall pay the compensation as fixed by the attorney general, not however in
excess of the amount made available to the department by
law for legal services. [1965 c 8 § 43.10.070. Prior: 1941 c
50 § 1, part; Rem. Supp. 1941 § 11034-3, part.]
43.10.080
43.10.050
43.10.050 Authority to execute appeal and other
bonds. The attorney general may execute, on behalf of the
state, any appeal or other bond required to be given by the
state in any judicial proceeding to which it is a party in any
court, and procure sureties thereon. [1965 c 8 § 43.10.050.
Prior: 1929 c 92 § 6; RRS § 11034; prior: 1905 c 99 § 1.]
43.10.080 Employment of experts, technicians. The
attorney general may employ such skilled experts, scientists,
technicians, or other specially qualified persons as he deems
necessary to aid him in the preparation or trial of actions or
proceedings. [1965 c 8 § 43.10.080. Prior: 1941 c 50 § 3;
Rem. Supp. 1941 § 11034-5.]
43.10.090
43.10.060
43.10.060 Appointment and authority of assistants.
The attorney general may appoint necessary assistants, who
shall hold office at his pleasure, and who shall have the power
to perform any act which the attorney general is authorized
by law to perform. [1965 c 8 § 43.10.060. Prior: 1929 c 92 §
7, part; RRS § 11034-1, part.]
43.10.065
43.10.065 Employment of attorneys and employees
to transact state's legal business. The attorney general may
employ or discharge attorneys and employees to transact for
the state, its departments, officials, boards, commissions, and
agencies, all business of a legal or quasi legal nature, except
those declared by law to be the duty of the judge of any court,
or the prosecuting attorney of any county. [1965 c 8 §
43.10.065. Prior: 1941 c 50 § 1, part; Rem. Supp. 1941 §
11034-3, part. Formerly RCW 43.10.060, part.]
43.10.067
43.10.067 Employment of attorneys by others
restricted. No officer, director, administrative agency,
board, or commission of the state, other than the attorney
general, shall employ, appoint or retain in employment any
attorney for any administrative body, department, commission, agency, or tribunal or any other person to act as attorney
in any legal or quasi legal capacity in the exercise of any of
the powers or performance of any of the duties specified by
law to be performed by the attorney general, except where it
is provided by law to be the duty of the judge of any court or
the prosecuting attorney of any county to employ or appoint
such persons: PROVIDED, That RCW 43.10.040, and
43.10.065 through 43.10.080 shall not apply to the administration of the commission on judicial conduct, the state law
library, the law school of the state university, the administration of the state bar act by the Washington State Bar Association, or the representation of an estate administered by the
director of the department of revenue or the director's designee pursuant to chapter 11.28 RCW.
The authority granted by chapter 1.08 RCW, RCW
44.28.065, and 47.01.061 shall not be affected hereby. [1997
c 41 § 9. Prior: 1987 c 364 § 1; 1987 c 186 § 7; prior: 1985
c 133 § 2; 1985 c 7 § 108; 1981 c 268 § 1; 1965 c 8 §
43.10.067; prior: (i) 1941 c 50 § 2; Rem. Supp. 1941 §
11034-4. (ii) 1941 c 50 § 4; Rem. Supp. 1941 § 11034-6. Formerly RCW 43.01.080.]
(2004 Ed.)
43.10.090 Criminal investigations—Supervision.
Upon the written request of the governor the attorney general
shall investigate violations of the criminal laws within this
state.
If, after such investigation, the attorney general believes
that the criminal laws are improperly enforced in any county,
and that the prosecuting attorney of the county has failed or
neglected to institute and prosecute violations of such criminal laws, either generally or with regard to a specific offense
or class of offenses, the attorney general shall direct the prosecuting attorney to take such action in connection with any
prosecution as the attorney general determines to be necessary and proper.
If any prosecuting attorney, after the receipt of such
instructions from the attorney general, fails or neglects to
comply therewith within a reasonable time, the attorney general may initiate and prosecute such criminal actions as he
shall determine. In connection therewith, the attorney general
shall have the same powers as would otherwise be vested in
the prosecuting attorney.
From the time the attorney general has initiated or taken
over a criminal prosecution, the prosecuting attorney shall
not have power or authority to take any legal steps relating to
such prosecution, except as authorized or directed by the
attorney general. [1965 c 8 § 43.10.090. Prior: 1937 c 88 §
1; RRS § 112-1.]
Corporations, governor may require attorney general to investigate: RCW
43.06.010.
Prosecuting attorneys, governor may require attorney general to aid: RCW
43.06.010.
43.10.095
43.10.095 Homicide investigative tracking system—
Supervision management and recidivist tracking
(SMART) system. (1) There is created, as a component of
the homicide investigative tracking system, a supervision
management and recidivist tracking system called the
SMART system. The office of the attorney general may contract with any state, local, or private agency necessary for
implementation of and training for supervision management
and recidivist tracking program partnerships for development
and operation of a statewide computer linkage between the
attorney general's homicide investigative tracking system,
local police departments, and the state department of corrections. Dormant information in the supervision management
[Title 43 RCW—page 57]
43.10.097
Title 43 RCW: State Government—Executive
and recidivist tracking system shall be automatically archived
after seven years. The department of corrections shall notify
the attorney general when each person is no longer under its
supervision.
(2) As used in this section, unless the context requires
otherwise:
(a) "Dormant" means there have been no inquiries by the
department of corrections or law enforcement with regard to
an active supervision case or an active criminal investigation
in the past seven years.
(b) "Archived" means information which is not in the
active data base and can only be retrieved for use in an active
criminal investigation. [1998 c 223 § 2.]
Finding—1998 c 223: "The legislature finds that increased
communications between local law enforcement officers and the state
department of corrections' community corrections officers improves public
safety through shared monitoring and supervision of offenders living in the
community under the jurisdiction of the department of corrections.
Participating local law enforcement agencies and the local offices of
the department of corrections have implemented the supervision management and recidivist tracking program, whereby each entity provides mutual
assistance in supervising offenders living within the boundaries of local law
enforcement agencies. The supervision management and recidivist tracking
program has helped local law enforcement solve crimes faster or prevented
future criminal activity by reporting offender's sentence violations in a more
timely manner to community corrections officers by rapid and comprehensive electronic sharing of information regarding supervised offenders. The
expansion of the supervision management and recidivist tracking program
will improve public safety throughout the state." [1998 c 223 § 1.]
43.10.097 Homicide investigative tracking system—
Purpose limited. The homicide investigative tracking system and the supervision management and recidivist tracking
system are tools for the administration of criminal justice and
these systems may not be used for any other purpose. [1998
c 223 § 3.]
43.10.097
Finding—1998 c 223: See note following RCW 43.10.095.
43.10.101 Report to legislative transportation committee—Tort claims. The attorney general shall prepare
annually a report to the legislative transportation committee
comprising a comprehensive summary of all cases involving
tort claims against the department of transportation involving
highways which were concluded and closed in the previous
calendar year. The report shall include for each case closed:
(1) A summary of the factual background of the case;
(2) Identification of the attorneys representing the state
and the opposing parties;
(3) A synopsis of the legal theories asserted and the
defenses presented;
(4) Whether the case was tried, settled, or dismissed, and
in whose favor;
(5) The approximate number of attorney hours expended
by the state on the case, together with the corresponding dollar amount billed therefore; and
(6) Such other matters relating to the case as the attorney
general deems relevant or appropriate, especially including
any comments or recommendations for changes in statute law
or agency practice that might effectively reduce the exposure
of the state to such tort claims. [1995 2nd sp.s. c 14 § 527.]
43.10.101
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
[Title 43 RCW—page 58]
43.10.110
43.10.110 Other powers and duties. The attorney general shall have the power and it shall be his duty to perform
any other duties that are, or may from time to time be
required of him by law. [1965 c 8 § 43.10.110. Prior: 1929 c
92 § 8; RRS § 11034-2.]
43.10.115
43.10.115 Private practice of law—Attorney general—Prohibited. The attorney general shall not practice
law for remuneration in his private capacity:
(1) As an attorney in any court of this state during his
continuance in office; or
(2) As adviser or advocate for any person who may wish
to become his client. [1973 c 43 § 2.]
Severability—1973 c 43: See note following RCW 43.10.010.
43.10.120
43.10.120 Private practice of law—Deputies and
assistants—Prohibited. No full time deputy or assistant
attorney general shall practice law for remuneration in his
private capacity:
(1) As an attorney in any court of this state during his
continuance in office; or
(2) As adviser or advocate for any person who may wish
to become his client. [1973 c 43 § 3.]
Severability—1973 c 43: See note following RCW 43.10.010.
43.10.125
43.10.125 Private practice of law—Special assistant
attorney generals. Special assistant attorney generals
employed on less than a full time basis to transact business of
a legal or quasi legal nature for the state, such assistants and
attorneys may practice law in their private capacity as attorney. [1973 c 43 § 4.]
Severability—1973 c 43: See note following RCW 43.10.010.
43.10.130
43.10.130 Private practice of law—Exceptions. None
of the provisions of RCW 43.10.010 and 43.10.115 through
43.10.125 shall be construed as prohibiting the attorney general or any of his full time deputies or assistants from:
(1) Performing legal services for himself or his immediate family; or
(2) Performing legal services of a charitable nature.
[1973 c 43 § 5.]
Severability—1973 c 43: See note following RCW 43.10.010.
43.10.150
43.10.150 Legal services revolving fund—Created—
Purpose. A legal services revolving fund is hereby created
in the state treasury for the purpose of a centralized funding,
accounting, and distribution of the actual costs of the legal
services provided to agencies of the state government by the
attorney general. [1974 ex.s. c 146 § 1; 1971 ex.s. c 71 § 1.]
Effective date—1974 ex.s. c 146: "This act shall take effect on July 1,
1974 for costs, billings and charges affecting the 1975 fiscal year and subsequent biennia." [1974 ex.s. c 146 § 5.]
Legal services revolving fund—Approval of certain changes required: RCW
43.88.350.
43.10.160
43.10.160 Legal services revolving fund—Transfers
and payments into fund—Allotments to attorney general.
The amounts to be disbursed from the legal services revolving fund from time to time shall be transferred thereto by the
state treasurer from funds appropriated to any and all agen(2004 Ed.)
Attorney General
cies for legal services or administrative expenses on a quarterly basis. Agencies operating in whole or in part from nonappropriated funds shall pay into the legal services revolving
fund such funds as will fully reimburse funds appropriated to
the attorney general for any legal services provided activities
financed by nonappropriated funds.
The director of financial management shall allot all such
funds to the attorney general for the operation of his office,
pursuant to appropriation, in the same manner as appropriated funds are allocated to other agencies headed by elected
officers under chapter 43.88 RCW. [1979 c 151 § 94; 1974
ex.s. c 146 § 2; 1971 ex.s. c 71 § 2.]
Effective date—1974 ex.s. c 146: See note following RCW 43.10.150.
43.10.170
43.10.170 Legal services revolving fund—Disbursements. Disbursements from the legal services revolving fund
shall be pursuant to vouchers executed by the attorney general or his designee in accordance with the provisions of
RCW 43.88.160. [1971 ex.s. c 71 § 3.]
43.10.180
43.10.180 Legal services revolving fund—Allocation
of costs to funds and agencies—Accounting—Billing. (1)
The attorney general shall keep such records as are necessary
to facilitate proper allocation of costs to funds and agencies
served and the director of financial management shall prescribe appropriate accounting procedures to accurately allocate costs to funds and agencies served. Billings shall be
adjusted in line with actual costs incurred at intervals not to
exceed six months.
(2) During the 2003-05 fiscal biennium, all expenses for
administration of the office of the attorney general shall be
allocated to and paid from the legal services revolving fund in
accordance with accounting procedures prescribed by the
director of financial management. [2003 1st sp.s. c 25 § 917;
1979 c 151 § 95; 1974 ex.s. c 146 § 3; 1971 ex.s. c 71 § 4.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective date—1974 ex.s. c 146: See note following RCW 43.10.150.
43.10.190
43.10.190 Legal services revolving fund—Direct payments from agencies. In cases where there are unanticipated
demands for legal services or where there are insufficient
funds on hand or available for payment through the legal services revolving fund or in other cases of necessity, the attorney general may request payment for legal services directly
from agencies for whom the services are performed to the
extent that revenues or other funds are available. Upon
approval by the director of financial management the agency
shall make the requested payment. The payment may be
made on either an advance or reimbursable basis as approved
by the director of financial management. [1979 c 151 § 96;
1971 ex.s. c 71 § 5.]
43.10.232
under the same conditions and restrictions as set forth in section 11, chapter 282, Laws of 1969 ex. sess. [1971 ex.s. c 71
§ 6.]
43.10.210 Antitrust revolving fund—Legislative
finding and purpose. The legislature having found that antitrust laws and the enforcement thereof are necessary for the
protection of consumers and businesses, and further that the
creation of an antitrust revolving fund provides a reasonable
means of funding antitrust actions by the attorney general,
and that the existence of such a fund increases the possibility
of obtaining funding from other sources, now therefore creates the antitrust revolving fund. [1974 ex.s. c 162 § 1.]
43.10.210
43.10.215 Antitrust revolving fund—Created—Contents. There is hereby created the antitrust revolving fund in
the custody of the state treasurer which shall consist of:
Funds appropriated to the revolving fund, funds transferred to
the revolving fund pursuant to a court order or judgment in an
antitrust action; gifts or grants made to the revolving fund;
and funds awarded to the state or any agency thereof for the
recovery of costs and attorney fees in an antitrust action:
PROVIDED HOWEVER, That to the extent that such costs
constitute reimbursement for expenses directly paid from
constitutionally dedicated funds, such recoveries shall be
transferred to the constitutionally dedicated fund. [1974 ex.s.
c 162 § 2.]
43.10.215
43.10.220 Antitrust revolving fund—Expenditures.
The attorney general is authorized to expend from the antitrust revolving fund, created by RCW 43.10.210 through
43.10.220, such funds as are necessary for the payment of
costs, expenses and charges incurred in the preparation, institution and maintenance of antitrust actions under the state
and federal antitrust acts. During the 2001-03 fiscal biennium, the attorney general may expend from the antitrust
revolving fund for the purposes of the consumer protection
activities of the office. [2002 c 371 § 907; 1999 c 309 § 916;
1974 ex.s. c 162 § 3.]
43.10.220
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Severability—Effective date—1999 c 309: See notes following RCW
41.06.152.
43.10.230 Purpose. The purpose of RCW 43.10.232 is
to grant authority to the attorney general concurrent with the
county prosecuting attorneys to investigate and prosecute
crimes. The purpose of *RCW 43.10.234 is to insure access
by the attorney general to the procedural powers of the various prosecuting attorneys in exercising criminal prosecutorial authority granted in RCW 43.10.232 or otherwise granted
by the legislature. [1981 c 335 § 1.]
43.10.230
*Reviser's note: The reference to RCW 43.10.234 appears to be erroneous. RCW 10.01.190 was apparently intended.
43.10.200
43.10.200 Legal services revolving fund—Recovered
court costs, fees and expenses—Deposit in fund—Expenditure. Court costs, attorneys' fees, and other expenses
recovered by the attorney general shall be deposited in the
legal services revolving fund and shall be considered as
returned loans of materials supplied or services rendered.
Such amounts may be expended in the same manner and
(2004 Ed.)
43.10.232 Concurrent authority to investigate crimes
and initiate and conduct prosecutions—Payment of costs.
(1) The attorney general shall have concurrent authority and
power with the prosecuting attorneys to investigate crimes
and initiate and conduct prosecutions upon the request of or
with the concurrence of any of the following:
43.10.232
[Title 43 RCW—page 59]
43.10.234
Title 43 RCW: State Government—Executive
(a) The county prosecuting attorney of the jurisdiction in
which the offense has occurred;
(b) The governor of the state of Washington; or
(c) A majority of the committee charged with the oversight of the organized crime intelligence unit.
(2) Such request or concurrence shall be communicated
in writing to the attorney general.
(3) Prior to any prosecution by the attorney general
under this section, the attorney general and the county in
which the offense occurred shall reach an agreement regarding the payment of all costs, including expert witness fees,
and defense attorneys' fees associated with any such prosecution. [1986 c 257 § 16; 1981 c 335 § 2.]
Severability—1986 c 257: See note following RCW 9A.56.010.
Findings—1991 c 345: "The legislature finds that drug asset forfeiture
and criminal profiteering laws allow law enforcement officials and the courts
to strip drug dealers and other successful criminals of the wealth they have
acquired from their crimes and the assets they have used to facilitate those
crimes. These laws are rarely used by prosecutors, however, because of the
difficulty in identifying profiteering and the assets that criminals may have
as a result of their crimes. It is the intent of the legislature to provide assistance to local law enforcement officials and state agencies to seize the assets
of criminals and the proceeds of their profiteering." [1991 c 345 § 1.]
43.10.270 Criminal profiteering—Asset recovery.
All assets recovered pursuant to RCW 43.10.260 shall be distributed in the following manner: (1) For drug asset forfeitures, pursuant to the provisions of RCW 69.50.505; and (2)
for criminal profiteering cases, pursuant to the provisions of
RCW 9A.82.100. [1991 c 345 § 3.]
43.10.270
Findings—1991 c 345: See note following RCW 43.10.260.
43.10.234
43.10.234 Determination of prosecuting authority if
defendant charged by attorney general and prosecuting
attorney. If both a prosecuting attorney and the attorney
general file an information or indictment charging a defendant with substantially the same offense(s), the court shall,
upon motion of either the prosecuting attorney or the attorney
general:
(1) Determine whose prosecution of the case will best
promote the interests of justice and enter an order designating
that person as the prosecuting authority in the case; and
(2) Enter an order dismissing the information or indictment filed by the person who was not designated the prosecuting authority. [1981 c 335 § 3.]
Chapter 43.12
Chapter 43.12 RCW
COMMISSIONER OF PUBLIC LANDS
Sections
43.12.010
43.12.021
43.12.031
43.12.041
43.12.045
43.12.055
43.12.065
43.12.075
Powers and duties—Generally.
Commissioner—Deputy—Appointment—Powers—Oath.
Auditors and cashiers—Other assistants.
Official bonds.
Rule-making authority.
Enforcement in accordance with RCW 43.05.100 and
43.05.110.
Rules pertaining to public use of state lands—Enforcement—
Penalty.
Duty of attorney general—Commissioner may represent state.
Abstracts of public lands maintained by: RCW 79.02.200.
43.10.240
43.10.240 Investigative and criminal prosecution
activity—Annual report—Security protection. The attorney general shall annually report to the organized crime advisory board a summary of the attorney general's investigative
and criminal prosecution activity conducted pursuant to this
chapter. Except to the extent the summary describes information that is a matter of public record, the information made
available to the board shall be given all necessary security
protection in accordance with the terms and provisions of
applicable laws and rules and shall not be revealed or
divulged publicly or privately by members of the board.
[1985 c 251 § 1.]
43.10.250
43.10.250 Appellate review of criminal case. Upon
request of a prosecuting attorney, the attorney general may
assume responsibility for the appellate review of a criminal
case or assist the prosecuting attorney in the appellate review
if the attorney general finds that the case involves fundamental issues affecting the public interest and the administration
of criminal justice in this state. [1985 c 251 § 2.]
43.10.260
43.10.260 Criminal profiteering—Assistance to local
officials. The attorney general may: (1) Assist local law
enforcement officials in the development of cases arising
under the criminal profiteering laws with special emphasis on
narcotics related cases; (2) assist local prosecutors in the litigation of criminal profiteering or drug asset forfeiture cases,
or, at the request of a prosecutor's office, litigate such cases
on its behalf; and (3) conduct seminars and training sessions
on prosecution of criminal profiteering cases and drug asset
forfeiture cases. [1991 c 345 § 2.]
[Title 43 RCW—page 60]
Administrator of natural resources: RCW 43.30.105.
Board of natural resources secretary: RCW 43.30.225.
City or metropolitan park district parks or playgrounds, member of citizens
committee to investigate and determine needs for tidelands and shorelands: RCW 79.94.175.
Duties of, to be prescribed by legislature: State Constitution Art. 3 § 23.
Election: State Constitution Art. 3 § 1.
Eminent domain
against state lands
filing judgment with commissioner of public lands: RCW 8.28.010.
service of process on: RCW 8.28.010.
by corporations, service on: RCW 8.20.020.
Escheats
conveyance of real property to claimant: RCW 11.08.270.
jurisdiction and supervision over real property: RCW 11.08.220.
land acquired by, management and control over: RCW 79.10.030.
Fees: RCW 79.02.240, 79.02.260.
Funds, daily deposit of funds in state treasury: RCW 43.30.325.
Harbor line relocation, platting of additional tidelands and shorelands created by: RCW 79.92.020.
Interagency committee for outdoor recreation, membership: RCW
79A.25.110.
Local and other improvements and assessments against state lands, tidelands and harbor area assessments, disapproval, effect: RCW
79.44.140.
Mistakes, recall of leases, contract or deeds to correct: RCW 79.02.040.
Oath of office: RCW 43.01.020.
Office may be abolished by legislature: State Constitution Art. 3 § 25.
Powers and duties transferred to natural resources department: RCW
43.30.411.
Recall of leases, contracts, or deeds to correct mistakes: RCW 79.02.040.
Reclamation projects of state: RCW 89.16.080.
Reconsideration of official acts: RCW 79.02.040.
(2004 Ed.)
Commissioner of Public Lands
Records to be kept at state capitol: State Constitution Art. 3 § 24.
Reports to legislature: RCW 79.10.010.
Salary
amount of: RCW 43.03.010.
regulated by legislature: State Constitution Art. 3 § 23.
43.12.065
7797-16. Prior: 1907 c 119 §§ 1, 2; RRS §§ 7816, 7817.
Formerly RCW 79.01.064, 43.12.040.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.12.045
State lands: Title 79 RCW.
43.12.045 Rule-making authority. For rules adopted
after July 23, 1995, the commissioner of public lands may not
rely solely on a section of law stating a statute's intent or purpose, on the enabling provisions of the statute establishing
the agency, or on any combination of such provisions, for
statutory authority to adopt any rule. [1995 c 403 § 101.]
State parks, withdrawal of public lands from sale, exchange for highway
abutting lands, duties: RCW 79A.05.110.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Succession to governorship: State Constitution Art. 3 § 10.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
School lands, data and information furnished to department of natural
resources as to sale or lease of: RCW 79.11.020.
State capitol committee
member: RCW 43.34.010.
secretary of: RCW 43.34.015.
Survey and map agency, advisory board, appointment: RCW 58.24.020.
Term of office: State Constitution Art. 3 § 3; RCW 43.01.010.
Underground storage of natural gas
lease of public lands for: RCW 80.40.060.
notice of application for sent to: RCW 80.40.040.
United States land offices, appearance before: RCW 79.02.100.
Washington State University real property, annual report as to: RCW
28B.30.310.
Wildlife and recreation lands; funding of maintenance and operation:
Chapter 79A.20 RCW.
Withdrawal of state land from lease for game purposes, powers and duties
concerning: RCW 77.12.360.
43.12.055
43.12.055 Enforcement in accordance with RCW
43.05.100 and 43.05.110. Enforcement action taken after
July 23, 1995, by the commissioner of public lands or the
supervisor of natural resources shall be in accordance with
RCW 43.05.100 and 43.05.110. [2003 c 334 § 103; 1995 c
403 § 622.]
Intent—2003 c 334: See note following RCW 79.02.010.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.12.010
43.12.010 Powers and duties—Generally. The commissioner of public lands shall exercise such powers and perform such duties as are prescribed by law. [1965 c 8 §
43.12.010. Prior: 1921 c 7 § 119; RRS § 10877.]
43.12.021
43.12.021 Commissioner—Deputy—Appointment—
Powers—Oath. The commissioner shall have the power to
appoint an assistant, who shall be deputy commissioner of
public lands with power to perform any act or duty relating to
the office of the commissioner, and, in case of vacancy by
death or resignation of the commissioner, shall perform the
duties of the office until the vacancy is filled, and shall act as
chief clerk in the office of the commissioner, and, before performing any duties, shall take, subscribe, and file in the office
of the secretary of state the oath of office required by law of
state officers. [2003 c 334 § 305; 1927 c 255 § 14; RRS §
7797-14. Prior: 1903 c 33 § 1; RRS § 7815. Formerly RCW
79.01.056, 43.12.020.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.12.031
43.12.031 Auditors and cashiers—Other assistants.
The commissioner shall have the power to appoint an auditor
and cashier and such number of other assistants, as the commissioner deems necessary for the performance of the duties
of the office. [2003 c 334 § 306; 1927 c 255 § 15; RRS §
7797-15. Formerly RCW 79.01.060, 43.12.030.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.12.041
43.12.041 Official bonds. The commissioner and those
appointed by the commissioner shall enter into good and sufficient surety company bonds as required by law, in the following sums: Commissioner, fifty thousand dollars; and
other appointees in such sum as may be fixed in the manner
provided by law. [2003 c 334 § 307; 1927 c 255 § 16; RRS §
(2004 Ed.)
43.12.065
43.12.065 Rules pertaining to public use of state
lands—Enforcement—Penalty. (1) For the promotion of
the public safety and the protection of public property, the
department of natural resources may, in accordance with
chapter 34.05 RCW, issue, promulgate, adopt, and enforce
rules pertaining to use by the public of state-owned lands and
property which are administered by the department.
(2)(a) Except as otherwise provided in this subsection, a
violation of any rule adopted under this section is a misdemeanor.
(b) Except as provided in (c) of this subsection, the
department may specify by rule, when not inconsistent with
applicable statutes, that violation of such a rule is an infraction under chapter 7.84 RCW: PROVIDED, That violation
of a rule relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction.
(c) Violation of such a rule equivalent to those provisions of Title 46 RCW set forth in RCW 46.63.020 remains a
misdemeanor.
(3) The commissioner of public lands and such of his or
her employees as he or she may designate shall be vested
with police powers when enforcing:
(a) The rules of the department adopted under this section; or
(b) The general criminal statutes or ordinances of the
state or its political subdivisions where enforcement is necessary for the protection of state-owned lands and property.
[2003 c 53 § 229; 1987 c 380 § 14; 1979 ex.s. c 136 § 38;
1969 ex.s. c 160 § 1. Formerly RCW 43.30.310.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1987 c 380: See RCW 7.84.900 and
7.84.901.
[Title 43 RCW—page 61]
43.12.075
Title 43 RCW: State Government—Executive
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
43.12.075
43.12.075 Duty of attorney general—Commissioner
may represent state. It shall be the duty of the attorney general, to institute, or defend, any action or proceeding to which
the state, or the commissioner or the board, is or may be a
party, or in which the interests of the state are involved, in
any court of this state, or any other state, or of the United
States, or in any department of the United States, or before
any board or tribunal, when requested so to do by the commissioner, or the board, or upon the attorney general's own
initiative.
The commissioner is authorized to represent the state in
any such action or proceeding relating to any public lands of
the state. [2003 c 334 § 431; 1959 c 257 § 40; 1927 c 255 §
194; RRS § 7797-194. Prior: 1909 c 223 § 7; 1897 c 89 § 65;
1895 c 178 § 100. Formerly RCW 79.01.736, 79.08.020.]
Intent—2003 c 334: See note following RCW 79.02.010.
Chapter 43.17 RCW
ADMINISTRATIVE DEPARTMENTS AND
AGENCIES—GENERAL PROVISIONS
Chapter 43.17
Sections
43.17.010
43.17.020
43.17.030
43.17.040
43.17.050
43.17.060
43.17.070
43.17.100
43.17.110
43.17.120
43.17.130
43.17.150
43.17.200
43.17.205
43.17.210
43.17.230
43.17.240
43.17.250
43.17.310
43.17.320
43.17.330
43.17.340
43.17.350
43.17.360
43.17.370
Departments created.
Chief executive officers—Appointment.
Powers and duties—Oath.
Chief assistant director—Powers.
Office at capital—Branch offices.
Departmental rules and regulations.
Administrative committees.
Surety bonds for appointive state officers and employees.
Data, information, interdepartmental assistance.
Designation of agency to carry out federal social security disability program.
Designation of agency to carry out federal social security disability program—Appointment of personnel.
Receipt of property or money from United States attorney general—Use, expenditure—Deposit.
Allocation of moneys for acquisition of works of art—Expenditure by arts commission—Conditions.
Purchase of works of art—Interagency reimbursement for
expenditure by visual arts program.
Purchase of works of art—Procedure.
Emergency information telephone services—Accessibility
from all phones required—Charges.
Debts owed to the state—Interest rate.
County-wide planning policy.
Businesses—Rules coordinator to provide list of rules.
Interagency disputes—Alternative dispute resolution—Definitions.
Interagency disputes—Alternative dispute resolution—Methods.
Interagency disputes—Alternative dispute resolution—Exception.
Health-related state agencies—Professional health services—
Fee schedules.
Lease of real property—Term of a lease—Use of proceeds—
Retroactive application.
Prerelease copy of report or study to local government.
Collection agency use by state: RCW 19.16.500.
Debts owed to state, interest rate: RCW 43.17.240.
Facilitating recovery from Mt. St. Helens eruption—Scope of state agency
action: RCW 43.01.210.
43.17.010
43.17.010 Departments created. There shall be
departments of the state government which shall be known as
(1) the department of social and health services, (2) the
department of ecology, (3) the department of labor and indus[Title 43 RCW—page 62]
tries, (4) the department of agriculture, (5) the department of
fish and wildlife, (6) the department of transportation, (7) the
department of licensing, (8) the department of general administration, (9) the department of community, trade, and economic development, (10) the department of veterans affairs,
(11) the department of revenue, (12) the department of retirement systems, (13) the department of corrections, and (14)
the department of health, and (15) the department of financial
institutions, which shall be charged with the execution,
enforcement, and administration of such laws, and invested
with such powers and required to perform such duties, as the
legislature may provide. [1993 sp.s. c 2 § 16; 1993 c 472 §
17; 1993 c 280 § 18; 1989 1st ex.s. c 9 § 810; 1987 c 506 § 2;
1985 c 466 § 47; 1984 c 125 § 12; 1981 c 136 § 61; 1979 c 10
§ 1. Prior: 1977 ex.s. c 334 § 5; 1977 ex.s. c 151 § 20; 1977
c 7 § 1; prior: 1975-'76 2nd ex.s. c 115 § 19; 1975-'76 2nd
ex.s. c 105 § 24; 1971 c 11 § 1; prior: 1970 ex.s. c 62 § 28;
1970 ex.s. c 18 § 50; 1969 c 32 § 1; prior: 1967 ex.s. c 26 §
12; 1967 c 242 § 12; 1965 c 156 § 20; 1965 c 8 § 43.17.010;
prior: 1957 c 215 § 19; 1955 c 285 § 2; 1953 c 174 § 1; prior:
(i) 1937 c 111 § 1, part; RRS § 10760-2, part. (ii) 1935 c 176
§ 1; 1933 c 3 § 1; 1929 c 115 § 1; 1921 c 7 § 2; RRS § 10760.
(iii) 1945 c 267 § 1, part; Rem. Supp. 1945 § 10459-1, part.
(iv) 1947 c 114 § 5; Rem. Supp. 1947 § 10786-10c.]
Reviser's note: This section was amended by 1993 c 280 § 18, 1993 c
472 § 17, and by 1993 sp.s. c 2 § 16, each without reference to the other. All
amendments are incorporated in the publication of this section pursuant to
RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Effective date—Implementation—1993 c 472: See RCW 43.320.900
and 43.320.901.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Severability—1985 c 466: See notes following RCW
43.31.005.
Severability—Headings—Effective date—1984 c 125: See RCW
43.63A.901 through 43.63A.903.
Effective date—1981 c 136: See RCW 72.09.900.
Effective date—1977 ex.s. c 334: See note following RCW 46.01.011.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Severability—1975-'76 2nd ex.s. c 105: See note following RCW
41.04.270.
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
Department of
agriculture: Chapter 43.23 RCW.
community, trade, and economic development: Chapter 43.330 RCW.
corrections: Chapter 72.09 RCW.
ecology: Chapter 43.21A RCW.
employment security: Chapter 50.08 RCW.
financial institutions: Chapter 43.320 RCW.
fish and wildlife: Chapters 43.300 and 77.04 RCW.
general administration: Chapter 43.19 RCW.
health: Chapter 43.70 RCW.
information services: Chapter 43.105 RCW.
labor and industries: Chapter 43.22 RCW.
licensing: Chapters 43.24, 46.01 RCW.
natural resources: Chapter 43.30 RCW.
(2004 Ed.)
Administrative Departments and Agencies—General Provisions
personnel: Chapter 41.06 RCW.
retirement systems: Chapter 41.50 RCW.
revenue: Chapter 82.01 RCW.
services for the blind: Chapter 74.18 RCW.
social and health services: Chapter 43.20A RCW.
transportation: Chapter 47.01 RCW.
veterans affairs: Chapter 43.60A RCW.
43.17.070
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Severability—1975-'76 2nd ex.s. c 105: See note following RCW
41.04.270.
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
43.17.030
43.17.020
43.17.020 Chief executive officers—Appointment.
There shall be a chief executive officer of each department to
be known as: (1) The secretary of social and health services,
(2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish
and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9)
the director of community, trade, and economic development, (10) the director of veterans affairs, (11) the director of
revenue, (12) the director of retirement systems, (13) the secretary of corrections, and (14) the secretary of health, and
(15) the director of financial institutions.
Such officers, except the secretary of transportation and
the director of fish and wildlife, shall be appointed by the
governor, with the consent of the senate, and hold office at
the pleasure of the governor. The secretary of transportation
shall be appointed by the transportation commission as prescribed by RCW 47.01.041. The director of fish and wildlife
shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055. [1995 1st sp.s. c 2 § 2 (Referendum Bill No. 45, approved November 7, 1995). Prior: 1993
sp.s. c 2 § 17; 1993 c 472 § 18; 1993 c 280 § 19; 1989 1st ex.s.
c 9 § 811; 1987 c 506 § 3; 1985 c 466 § 48; 1984 c 125 § 13;
1981 c 136 § 62; 1979 c 10 § 2; prior: 1977 ex.s. c 334 § 6;
1977 ex.s. c 151 § 21; 1977 c 7 § 2; prior: 1975-'76 2nd ex.s.
c 115 § 20; 1975-'76 2nd ex.s. c 105 § 25; 1971 c 11 § 2;
prior: 1970 ex.s. c 62 § 29; 1970 ex.s. c 18 § 51; 1969 c 32 §
2; prior: 1967 ex.s. c 26 § 13; 1967 c 242 § 13; 1965 c 156 §
21; 1965 c 8 § 43.17.020; prior: 1957 c 215 § 20; 1955 c 285
§ 3; 1953 c 174 § 2; prior: (i) 1935 c 176 § 2; 1933 c 3 § 2;
1929 c 115 § 2; 1921 c 7 § 3; RRS § 10761. (ii) 1937 c 111 §
1, part; RRS § 10760. (iii) 1945 c 267 § 1, part; Rem. Supp.
1945 § 10459-1, part.]
Effective date—1995 1st sp.s. c 2: "Sections 2 through 43 of this act
shall take effect July 1, 1996." [1995 1st sp.s. c 2 § 45.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
43.17.030 Powers and duties—Oath. The directors of
the several departments shall exercise such powers and perform such executive and administrative duties as are provided by law.
Each appointive officer before entering upon the duties
of his office shall take and subscribe the oath of office prescribed by law for elective state officers, and file the same in
the office of the secretary of state. [1965 c 8 § 43.17.030.
Prior: 1921 c 7 § 18; RRS § 10776.]
Oaths of elective state officers: RCW 43.01.020.
43.17.040
43.17.040 Chief assistant director—Powers. The
director of each department may, from time to time, designate and deputize one of the assistant directors of his department to act as the chief assistant director, who shall have
charge and general supervision of the department in the
absence or disability of the director, and who, in case a
vacancy occurs in the office of director, shall continue in
charge of the department until a director is appointed and
qualified, or the governor appoints an acting director. [1965
c 8 § 43.17.040. Prior: 1921 c 7 § 118; RRS § 10876.]
43.17.050
43.17.050 Office at capital—Branch offices. Each
department shall maintain its principal office at the state capital. The director of each department may, with the approval
of the governor, establish and maintain branch offices at
other places than the state capital for the conduct of one or
more of the functions of his department.
The governor, in his discretion, may require all administrative departments of the state and the appointive officers
thereof, other than those created by this chapter, to maintain
their principal offices at the state capital in rooms to be furnished by the director of general administration. [1965 c 8 §
43.17.050. Prior: (i) 1921 c 7 § 20; RRS § 10778. (ii) 1921 c
7 § 134; RRS § 10892.]
Departments to share occupancy—Capital projects surcharge: RCW
43.01.090.
Housing for state offices, departments, and institutions: Chapter 43.82
RCW.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Effective date—Implementation—1993 c 472: See RCW 43.320.900
and 43.320.901.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
43.17.060
43.17.060 Departmental rules and regulations. The
director of each department may prescribe rules and regulations, not inconsistent with law, for the government of his
department, the conduct of its subordinate officers and
employees, the disposition and performance of its business,
and the custody, use, and preservation of the records, papers,
books, documents, and property pertaining thereto. [1965 c 8
§ 43.17.060. Prior: 1921 c 7 § 19; RRS § 10777.]
43.17.070
Severability—Headings—Effective date—1984 c 125: See RCW
43.63A.901 through 43.63A.903.
Effective date—1981 c 136: See RCW 72.09.900.
Effective date—1977 ex.s. c 334: See note following RCW 46.01.011.
(2004 Ed.)
43.17.070 Administrative committees. There shall be
administrative committees of the state government, which
shall be known as: (1) The state finance committee and (2)
the state capitol committee. [1982 c 40 § 8; 1965 c 8 §
[Title 43 RCW—page 63]
43.17.100
Title 43 RCW: State Government—Executive
43.17.070. Prior: 1929 c 115 § 3; 1921 c 7 § 4; RRS §
10762.]
Severability—1982 c 40: See note following RCW 29A.12.020.
State capitol committee: Chapter 43.34 RCW.
State finance committee: Chapter 43.33 RCW.
43.17.100
43.17.100 Surety bonds for appointive state officers
and employees. Every appointive state officer and employee
of the state shall give a surety bond, payable to the state in
such sum as shall be deemed necessary by the director of the
department of general administration, conditioned for the
honesty of the officer or employee and for the accounting of
all property of the state that shall come into his possession by
virtue of his office or employment, which bond shall be
approved as to form by the attorney general and shall be filed
in the office of the secretary of state.
The director of general administration may purchase one
or more blanket surety bonds for the coverage required in this
section.
Any bond required by this section shall not be considered an official bond and shall not be subject to chapter 42.08
RCW. [1977 ex.s. c 270 § 7; 1975 c 40 § 6; 1965 c 8 §
43.17.100. Prior: 1921 c 7 § 16; RRS § 10774.]
Construction—1977 ex.s. c 270: See RCW 43.41.901.
Official bonds: Chapter 42.08 RCW.
Powers and duties of director of general administration as to official bonds:
RCW 43.41.360.
43.17.110
43.17.110 Data, information, interdepartmental
assistance. Where power is vested in a department or officer
to inspect, examine, secure data or information from, or procure assistance from, another department or officer, such
other department or officer shall submit to such inspection or
examination, and furnish the data, information, or assistance
required. [1965 c 8 § 43.17.110. Prior: 1921 c 7 § 128; RRS
§ 10886.]
43.17.120
43.17.120 Designation of agency to carry out federal
social security disability program. Such state agency as the
governor may designate is hereby authorized to enter into an
agreement on behalf of the state with the Secretary of Health,
Education and Welfare to carry out the provisions of the federal social security act, as amended, relating to the making of
determinations of disability under title II of such act. [1965 c
8 § 43.17.120. Prior: 1955 c 200 § 1. Formerly RCW
74.44.010.]
Federal social security for public employees: Chapters 41.33, 41.41, 41.47,
and 41.48 RCW.
43.17.130
43.17.130 Designation of agency to carry out federal
social security disability program—Appointment of personnel. The state agency entering into such agreement shall
appoint such professional personnel and other assistants and
employees as may be reasonably necessary to carry out the
provisions of RCW 43.17.120 and 43.17.130. [1965 c 8 §
43.17.130. Prior: 1955 c 200 § 2. Formerly RCW 74.44.020.]
43.17.150
43.17.150 Receipt of property or money from United
States attorney general—Use, expenditure—Deposit. (1)
Each state agency is authorized to receive property or money
[Title 43 RCW—page 64]
made available by the attorney general of the United States
under section 881(e) of Title 21 of the United States Code
and, except as required to the contrary under subsection (2) of
this section, to use the property or spend the money for such
purposes as are permitted under both federal law and the state
law specifying the powers and duties of the agency.
(2) Unless precluded by federal law, all funds received
by a state agency under section 881(e) of Title 21 of the
United States Code shall be promptly deposited into the public safety and education account established in RCW
43.08.250. [1986 c 246 § 1.]
43.17.200
43.17.200 Allocation of moneys for acquisition of
works of art—Expenditure by arts commission—Conditions. All state agencies including all state departments,
boards, councils, commissions, and quasi public corporations
shall allocate, as a nondeductible item, out of any moneys
appropriated for the original construction of any public building, an amount of one-half of one percent of the appropriation
to be expended by the Washington state arts commission for
the acquisition of works of art. The works of art may be
placed on public lands, integral to or attached to a public
building or structure, detached within or outside a public
building or structure, part of a portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in
other public facilities. In addition to the cost of the works of
art the one-half of one percent of the appropriation as provided herein shall be used to provide for the administration of
the visual arts program by the Washington state arts commission and all costs for installation of the works of art. For the
purpose of this section building shall not include highway
construction sheds, warehouses or other buildings of a temporary nature. [1983 c 204 § 4; 1974 ex.s. c 176 § 2.]
Severability—1983 c 204: See note following RCW 43.46.090.
Acquisition of works of art for public buildings and lands—Visual arts program established: RCW 43.46.090.
Purchase of works of art
interagency reimbursement for expenditure by visual arts program: RCW
43.17.205.
procedure: RCW 43.19.455.
State art collection: RCW 43.46.095.
43.17.205
43.17.205 Purchase of works of art—Interagency
reimbursement for expenditure by visual arts program.
The funds allocated under RCW 43.17.200, 28A.335.210,
and 28B.10.025 shall be subject to interagency reimbursement for expenditure by the visual arts program of the Washington state arts commission when the particular law providing for the appropriation becomes effective. For appropriations which are dependent upon the sale of bonds, the amount
or proportionate amount of the moneys under RCW
43.17.200, 28A.335.210, and 28B.10.025 shall be subject to
interagency reimbursement for expenditure by the visual arts
program of the Washington state arts commission thirty days
after the sale of a bond or bonds. [1990 c 33 § 574; 1983 c
204 § 3.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1983 c 204: See note following RCW 43.46.090.
(2004 Ed.)
Administrative Departments and Agencies—General Provisions
43.17.210
43.17.210 Purchase of works of art—Procedure. The
Washington state arts commission shall determine the
amount to be made available for the purchase of art in consultation with the agency, except where another person or
agency is specified under RCW 43.19.455, 28A.335.210, or
28B.10.025, and payments therefor shall be made in accordance with law. The designation of projects and sites, selection, contracting, purchase, commissioning, reviewing of
design, execution and placement, acceptance, maintenance,
and sale, exchange, or disposition of works of art shall be the
responsibility of the Washington state arts commission in
consultation with the directors of the state agencies. However, the costs to carry out the Washington state arts commission's responsibility for maintenance shall not be funded from
the moneys referred to in RCW 43.17.200, 43.19.455,
28A.335.210, or 28B.10.025, but shall be contingent upon
adequate appropriations being made for that purpose. [1990
c 33 § 575; 1983 c 204 § 5.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1983 c 204: See note following RCW 43.46.090.
43.17.230
43.17.230 Emergency information telephone services—Accessibility from all phones required—Charges.
(1) The legislature finds that when the state provides emergency information by telephone to citizens that is of a critical
nature, such as road or weather hazards, the information
should be accessible from all residential, commercial, and
coin-operated telephones. Information such as road and
weather conditions should be available to all persons traveling within the state whether they own a telephone in this state
or not.
(2) If an agency or department of the state makes emergency information services available by telephone, the
agency or department shall ensure that the telephone line is
accessible from all coin-operated telephones in this state by
both the use of coins and the use of a telephone credit card.
(3) A state agency that provides an emergency information service by telephone may establish charges to recover
the cost of those services. However, an agency charging for
the service shall not price it at a profit to create excess revenue for the agency. The agency shall do a total cost-benefit
analysis of the available methods of providing the service and
shall adopt the method that provides the service at the lowest
cost to the user and the agency.
(4) "Emergency information services," as used in this
section, includes information on road and weather conditions.
[1986 c 45 § 1.]
43.17.240
43.17.240 Debts owed to the state—Interest rate.
Interest at the rate of one percent per month, or fraction
thereof, shall accrue on debts owed to the state, starting on
the date the debts become past due. This section does not
apply to: (1) Any instance where such interest rate would
conflict with the provisions of a contract or with the provisions of any other law; or (2) debts to be paid by other governmental units. The office of financial management may
adopt rules specifying circumstances under which state agencies may waive interest, such as when assessment or collection of interest would not be cost-effective. This section does
not affect any authority of the state to charge or collect inter(2004 Ed.)
43.17.250
est under any other law on a debt owed to the state by a governmental unit. This section applies only to debts which
become due on or after July 28, 1991. [1991 c 85 § 2.]
Collection agency use by state: RCW 19.16.500.
43.17.250
43.17.250 County-wide planning policy. (1) Whenever a state agency is considering awarding grants or loans
for a county, city, or town planning under RCW 36.70A.040
to finance public facilities, it shall consider whether the
county, city, or town requesting the grant or loan has adopted
a comprehensive plan and development regulations as
required by RCW 36.70A.040.
(2) When reviewing competing requests from counties,
cities, or towns planning under RCW 36.70A.040, a state
agency considering awarding grants or loans for public facilities shall accord additional preference to those counties, cities, or towns that have adopted a comprehensive plan and
development regulations as required by RCW 36.70A.040.
For the purposes of the preference accorded in this section, a
county, city, or town planning under RCW 36.70A.040 is
deemed to have satisfied the requirements for adopting a
comprehensive plan and development regulations specified
in RCW 36.70A.040 if the county, city, or town:
(a) Adopts or has adopted a comprehensive plan and
development regulations within the time periods specified in
RCW 36.70A.040;
(b) Adopts or has adopted a comprehensive plan and
development regulations before submitting a request for a
grant or loan if the county, city, or town failed to adopt a
comprehensive plan and/or development regulations within
the time periods specified in RCW 36.70A.040; or
(c) Demonstrates substantial progress toward adopting a
comprehensive plan or development regulations within the
time periods specified in RCW 36.70A.040. A county, city,
or town that is more than six months out of compliance with
the time periods specified in RCW 36.70A.040 shall not be
deemed to demonstrate substantial progress for purposes of
this section.
(3) The preference specified in subsection (2) of this section applies only to competing requests for grants or loans
from counties, cities, or towns planning under RCW
36.70A.040. A request from a county, city, or town planning
under RCW 36.70A.040 shall be accorded no additional preference based on subsection (2) of this section over a request
from a county, city, or town not planning under RCW
36.70A.040.
(4) Whenever a state agency is considering awarding
grants or loans for public facilities to a special district
requesting funding for a proposed facility located in a county,
city, or town planning under RCW 36.70A.040, it shall consider whether the county, city, or town in whose planning
jurisdiction the proposed facility is located has adopted a
comprehensive plan and development regulations as required
by RCW 36.70A.040 and shall apply the preference specified
in subsection (2) of this section and restricted in subsection
(3) of this section. [1999 c 164 § 601; 1991 sp.s. c 32 § 25.]
Reviser's note: 1991 sp.s. c 32 directed that this section be added to
chapter 43.01 RCW. The placement appears inappropriate and the section
has been codified as part of chapter 43.17 RCW.
[Title 43 RCW—page 65]
43.17.310
Title 43 RCW: State Government—Executive
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Savings—1999 c 164 §§ 301-303, 305, 306, and 601-603: See note following RCW 82.60.020.
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
43.17.310
43.17.310 Businesses—Rules coordinator to provide
list of rules. The rules coordinator under RCW 34.05.310
shall be knowledgeable regarding the agency's rules that
affect businesses. The rules coordinator shall provide a list of
agency rules applicable at the time of the request to a specific
class or line of business, which are limited to that specific
class or line as opposed to generic rules applicable to most
businesses, to the *business assistance center when so
requested by the *business assistance center for the specific
class or line of business. [1992 c 197 § 5.]
*Reviser's note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
43.17.320
43.17.320 Interagency disputes—Alternative dispute
resolution—Definitions. For purposes of RCW 43.17.320
through 43.17.340, "state agency" means:
(1) Any agency for which the executive officer is listed
in RCW 42.17.2401(1); and
(2) The office of the secretary of state; the office of the
state treasurer; the office of the state auditor; the department
of natural resources; the office of the insurance commissioner; and the office of the superintendent of public instruction. [1993 c 279 § 2.]
Intent—1993 c 279: "It is the intent of the legislature to reduce the
number of time-consuming and costly lawsuits between state agencies by
establishing alternative dispute resolution processes available to any
agency." [1993 c 279 § 1.]
43.17.330
43.17.330 Interagency disputes—Alternative dispute
resolution—Methods. Whenever a dispute arises between
state agencies, agencies shall employ every effort to resolve
the dispute themselves without resorting to litigation. These
efforts shall involve alternative dispute resolution methods. If
a dispute cannot be resolved by the agencies involved, any
one of the disputing agencies may request the governor to
assist in the resolution of the dispute. The governor shall
employ whatever dispute resolution methods that the governor deems appropriate in resolving the dispute. Such methods
may include, but are not limited to, the appointment by the
governor of a mediator, acceptable to the disputing agencies,
to assist in the resolution of the dispute. The governor may
also request assistance from the attorney general to advise the
mediator and the disputing agencies. [1993 c 279 § 3.]
Intent—1993 c 279: See note following RCW 43.17.320.
43.17.340
43.17.340 Interagency disputes—Alternative dispute
resolution—Exception. RCW 43.17.320 and 43.17.330
shall not apply to any state agency that is a party to a lawsuit,
which: (1) Impleads another state agency into the lawsuit
when necessary for the administration of justice; or (2) files a
notice of appeal, petitions for review, or makes other filings
subject to time limits, in order to preserve legal rights and
remedies. [1993 c 279 § 4.]
[Title 43 RCW—page 66]
Intent—1993 c 279: See note following RCW 43.17.320.
43.17.350
43.17.350 Health-related state agencies—Professional health services—Fee schedules. For the purpose of
accurately describing professional health services purchased
by the state, health-related state agencies may develop fee
schedules based on billing codes and service descriptions
published by the American medical association or the United
States federal health care financing administration, or
develop agency unique codes and service descriptions. [1995
1st sp.s. c 6 § 20.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
43.17.360
43.17.360 Lease of real property—Term of a lease—
Use of proceeds—Retroactive application. (1) The department of social and health services and other state agencies
may lease real property and improvements thereon to a consortium of three or more counties in order for the counties to
construct or otherwise acquire correctional facilities for juveniles or adults.
(2) A lease governed by subsection (1) of this section
shall not charge more than one dollar per year for the land
value and facilities value, during the initial term of the lease,
but the lease may include provisions for payment of any reasonable operation and maintenance expenses incurred by the
state.
The initial term of a lease governed by subsection (1) of
this section shall not exceed twenty years, except as provided
in subsection (4) of this section. A lease renewed under subsection (1) of this section after the initial term shall charge the
fair rental value for the land and improvements other than
those improvements paid for by a contracting consortium.
The renewed lease may also include provisions for payment
of any reasonable operation and maintenance expenses
incurred by the state. For the purposes of this subsection, fair
rental value shall be determined by the commissioner of public lands in consultation with the department and shall not
include the value of any improvements paid for by a contracting consortium.
(3) The net proceeds generated from any lease entered or
renewed under subsection (1) of this section involving land
and facilities on the grounds of eastern state hospital shall be
used solely for the benefit of eastern state hospital programs
for the long-term care needs of patients with mental disorders. These proceeds shall not supplant or replace funding
from traditional sources for the normal operations and maintenance or capital budget projects. It is the intent of this subsection to ensure that eastern state hospital receives the full
benefit intended by this section, and that such effect will not
be diminished by budget adjustments inconsistent with this
intent.
(4) The initial term of a lease under subsection (1) of this
section entered into after January 1, 1996, and involving the
grounds of Eastern State hospital, shall not exceed fifty years.
This subsection applies retroactively, and the department
shall modify any existing leases to comply with the terms of
this subsection. No other terms of a lease modified by this
subsection may be modified unless both parties agree. [1997
c 349 § 1; 1996 c 261 § 2.]
(2004 Ed.)
Department of General Administration
Severability—1997 c 349: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 349 § 2.]
Effective date—1997 c 349: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 13, 1997]." [1997 c 349 § 3.]
43.17.370 Prerelease copy of report or study to local
government. (1) An agency, prior to releasing a final report
or study regarding management by a county, city, town, special purpose district, or other unit of local government of a
program delegated to the local government by the agency or
for which the agency has regulatory responsibility, shall provide copies of a draft of the report or study at least two weeks
in advance of the release of the final report or study to the legislative body of the local government. The agency shall, at
the request of a local government legislative body, meet with
the legislative body before the release of a final report or
study regarding the management of such a program.
(2) For purposes of this section, "agency" means an
office, department, board, commission, or other unit of state
government, other than a unit of state government headed by
a separately elected official. [1997 c 409 § 603.]
43.17.370
Part headings—Severability—1997 c 409: See notes following RCW
43.22.051.
43.19.1920
43.19.19201
43.19.1921
43.19.1923
43.19.1925
43.19.1932
43.19.1937
43.19.1939
43.19.200
43.19.450
43.19.455
43.19.500
43.19.501
43.19.520
43.19.525
43.19.530
43.19.531
43.19.533
43.19.534
Chapter 43.19 RCW
DEPARTMENT OF GENERAL ADMINISTRATION
Chapter 43.19
Sections
43.19.010
43.19.011
43.19.015
43.19.025
43.19.123
43.19.125
43.19.180
43.19.185
43.19.190
43.19.1901
43.19.1905
43.19.19052
43.19.19054
43.19.1906
43.19.1908
43.19.1911
43.19.1913
43.19.1914
43.19.1915
43.19.1917
43.19.1919
43.19.19190
43.19.19191
(2004 Ed.)
43.19.535
43.19.536
43.19.538
Director—Authority, appointment, salary.
Director—Powers and duties.
Certain powers and duties of director of public institutions
transferred to director of financial institutions.
General administration services account.
Powers, duties, and functions pertaining to energy efficiency
in public buildings—Transfer from state energy office—
References to director or state energy office.
Powers and duties—Division of capitol buildings.
State purchasing and material control director—Appointment—Personnel.
State purchasing and material control director—System for
the use of credit cards or similar devices to be developed—
Rules.
State purchasing and material control director—Powers and
duties.
"Purchase" includes leasing or renting—Electronic data processing equipment excepted.
Statewide policy for purchasing and material control—Establishment—Functions covered.
Initial purchasing and material control policy—Legislative
intent—Agency cooperation.
Exemptions from statewide policy for purchasing and material control.
Competitive bids—Sealed bids, exceptions.
Bids—Solicitation, notices—Qualified bidders—Writing.
Competitive bids—Notice of modification or cancellation—
Cancellation requirements—Lowest responsible bidder—
Preferential purchase—Life cycle costing.
Rejection of bid for previous unsatisfactory performance.
Low bidder claiming error—Prohibition on later bid for same
project.
Bidder's bond—Annual bid bond.
Records of equipment owned by state—Inspection—"State
equipment" defined.
Surplus personal property—Sale, exchange—Exceptions and
limitations.
Surplus property—Exemption for original or historic state
capitol furnishings.
Surplus computers and computer-related equipment—Donation to school districts or educational service districts.
43.19.558
43.19.560
43.19.565
43.19.570
43.19.575
43.19.585
43.19.590
43.19.595
43.19.600
43.19.605
43.19.610
43.19.615
43.19.620
43.19.625
43.19.630
43.19.635
43.19.637
43.19.642
43.19.643
43.19.651
43.19.663
43.19.668
Chapter 43.19
Surplus personal property—Donation to emergency shelters.
Affordable housing—Inventory of suitable property.
Central stores warehouse facilities—Central maintenance,
repair—Sales, exchanges, between state agencies.
General administration services account—Use.
Combined purchases of commonly used items—Advance
payments by state agencies—Costs of operating central
stores.
Correctional industries goods and services—Sales and purchases.
Acceptance of benefits, gifts, etc., prohibited—Penalties.
Unlawful to offer, give, accept, benefits as inducement for or
to refrain from bidding—Penalty.
Duty of others in relation to purchases—Emergency purchases—Written notifications.
Supervisor of engineering and architecture—Qualifications—Appointment—Powers and duties—Delegation of
authority.
Purchase of works of art—Procedure.
General administration services account—Use.
Thurston county capital facilities account.
Purchase of products and services from entities serving or
providing opportunities for disadvantaged or disabled persons—Intent.
Purchases from entities serving or providing opportunities
for disadvantaged or disabled persons—Definitions.
Purchases from entities serving or providing opportunities
for disadvantaged or disabled persons—Authorized—Fair
market price.
Purchases from entities serving or providing opportunities
for disadvantaged or disabled persons—Vendors in good
standing—Notice to purchasing agents—Notice to vendors—Reports.
Purchases from entities serving or providing opportunities
for disadvantaged or disabled persons—Existing contracts
not impaired—Solicitation of vendors in good standing.
Purchase of articles or products from inmate work programs—Replacement of goods and services obtained from
outside the state—Rules.
Purchase of goods and services from inmate work programs.
Contracts subject to requirements established under office of
minority and women's business enterprises.
Purchase of products containing recycled material—Preference—Specifications and rules—Review.
Motor vehicle management programs—Costs.
Motor vehicle transportation service—Definitions.
Motor vehicle transportation service—Powers and duties.
Motor vehicle transportation service—Responsibilities—
Agreements with other agencies—Alternative fuels and
clean technologies.
Passenger motor vehicles owned or operated by state agencies—Duty of the office of financial management to establish policies as to acquisition, operation, authorized use,
etc.
Motor vehicle transportation service—Supervisor of motor
transport—Powers and duties.
Motor vehicle transportation service—Transfer of employees—Retention of employment rights.
Motor vehicle transportation service—Transfer of motor
vehicles, property, etc., from motor pool to department.
Motor vehicle transportation service—Transfer of passenger
motor vehicles to department from other agencies—Studies.
Motor vehicle transportation service—Reimbursement for
property transferred—Credits—Accounting—Disputes.
General administration services account—Sources—Disbursements.
Motor vehicle transportation service—Deposits—Disbursements.
Motor vehicle transportation service—Rules and regulations.
Employee commuting in state owned or leased vehicle—Policies and regulations.
Motor vehicle transportation service—Use of personal motor
vehicle.
Motor vehicle transportation service—Unauthorized use of
state vehicles—Procedure—Disciplinary action.
Clean-fuel vehicles—Purchasing requirements.
Diesel-powered vehicles and equipment—Biodiesel fuel
blends.
Diesel-powered vehicles and equipment—Biodiesel fuel
blends—Definitions.
Fuel cells and renewable or alternative energy sources.
Clean technologies—Purchase.
Energy conservation—Legislative finding—Declaration.
[Title 43 RCW—page 67]
43.19.010
43.19.669
43.19.670
43.19.675
43.19.680
43.19.682
43.19.685
43.19.700
43.19.702
43.19.704
43.19.706
43.19.710
43.19.715
43.19.720
Title 43 RCW: State Government—Executive
Energy conservation—Purpose.
Energy conservation—Definitions.
Energy audits of state-owned facilities required—Completion dates.
Implementation of energy conservation and maintenance
procedures after walk-through survey—Investment grade
audit—Reports—Contracts with energy service companies, staffing.
Energy conservation to be included in landscape objectives.
Lease covenants, conditions, and terms to be developed—
Applicability.
In-state preference clauses—Finding—Intent.
List of statutes and regulations of each state on state purchasing which grant preference to in-state vendors.
Rules for reciprocity in bidding.
Purchase of Washington agricultural products—Report to the
legislature.
Consolidated mail service—Definitions.
Consolidated mail service—Area served.
Consolidated mail service—Review needs of state agencies.
Archives and records management division: Chapter 40.14 RCW.
Buildings, provision to be made for use by aged and handicapped: Chapter
70.92 RCW.
Capitol campus design advisory committee: RCW 43.34.080.
Department created: RCW 43.17.010.
Director
appointment: RCW 43.17.020.
chief assistants: RCW 43.17.040.
control of traffic on capitol grounds: RCW 46.08.150.
oath: RCW 43.17.030.
vacancy in office of: RCW 43.17.020, 43.17.040.
East capitol site, powers and duties: Chapter 79.24 RCW.
Federal surplus property, powers and duties: Chapter 39.32 RCW.
Housing for state offices, departments, and institutions: Chapter 43.82
RCW.
Inventory of state-owned property: RCW 27.34.310, 43.19.19201,
43.20A.035, 43.20A.037, 43.41.150, 43.63A.510, 43.82.150,
47.12.064, 72.09.055, and 79.02.400.
Office located at state capital: RCW 43.17.050.
Parking facilities and traffic on capitol grounds: RCW 46.08.150 and
79.24.300 through 79.24.320.
(2) In addition to other powers and duties granted to the
director, the director shall have the following powers and
duties:
(a) Enter into contracts on behalf of the state to carry out
the purposes of this chapter;
(b) Accept and expend gifts and grants that are related to
the purposes of this chapter, whether such grants be of federal
or other funds;
(c) Appoint a deputy director and such assistant directors
and special assistants as may be needed to administer the
department. These employees are exempt from the provisions
of chapter 41.06 RCW;
(d) Adopt rules in accordance with chapter 34.05 RCW
and perform all other functions necessary and proper to carry
out the purposes of this chapter;
(e) Delegate powers, duties, and functions as the director
deems necessary for efficient administration, but the director
shall be responsible for the official acts of the officers and
employees of the department; and
(f) Perform other duties as are necessary and consistent
with law.
(3) The director may establish additional advisory
groups as may be necessary to carry out the purposes of this
chapter.
(4) The internal affairs of the department shall be under
the control of the director in order that the director may manage the department in a flexible and intelligent manner as dictated by changing contemporary circumstances. Unless specifically limited by law, the director shall have complete
charge and supervisory powers over the department. The
director may create such administrative structures as the
director deems appropriate, except as otherwise specified by
law, and the director may employ such personnel as may be
necessary in accordance with chapter 41.06 RCW, except as
otherwise provided by law. [1999 c 229 § 2.]
Rules and regulations: RCW 43.17.060.
43.19.015
43.19.010
43.19.010 Director—Authority, appointment, salary.
The director of general administration shall be the executive
head of the department of general administration. The director shall be appointed by the governor with the consent of the
senate, and shall serve at the pleasure of the governor. The
director shall receive a salary in an amount fixed by the governor in accordance with RCW 43.03.040. [1999 c 229 § 1;
1993 c 472 § 19; 1988 c 25 § 10; 1975 1st ex.s. c 167 § 1;
1965 c 8 § 43.19.010. Prior: 1959 c 301 § 1; 1955 c 285 § 4;
1955 c 195 § 6; 1935 c 176 § 11; prior: 1909 c 38 §§ 1-7;
1907 c 166 §§ 3-5; 1901 c 119 §§ 1-9; RRS § 10786-10.]
Effective date—Implementation—1993 c 472: See RCW 43.320.900
and 43.320.901.
Severability—1975 1st ex.s. c 167: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of this 1975 amendatory act, or the application of the
provision to other persons or circumstances is not affected." [1975 1st ex.s.
c 167 § 20.]
43.19.011
43.19.011 Director—Powers and duties. (1) The
director of general administration shall supervise and administer the activities of the department of general administration
and shall advise the governor and the legislature with respect
to matters under the jurisdiction of the department.
[Title 43 RCW—page 68]
43.19.015 Certain powers and duties of director of
public institutions transferred to director of financial
institutions. The director of financial institutions shall have
the power and duties of the director of public institutions contained in the following chapters of RCW: Chapter 33.04
RCW concerning savings and loan associations; and chapter
39.32 RCW concerning purchase of federal property. [1994
c 92 § 495; 1984 c 29 § 2; 1983 c 3 § 101; 1981 c 115 § 2;
1965 c 8 § 43.19.015. Prior: 1955 c 285 § 18.]
Effective date—1981 c 115: See note following RCW 40.14.020.
43.19.025
43.19.025 General administration services account.
The general administration services account is created in the
custody of the state treasurer and shall be used for all activities previously budgeted and accounted for in the following
internal service funds: The motor transport account, the general administration management fund, the general administration facilities and services revolving fund, the central
stores revolving fund, the surplus property purchase revolving fund, and the energy efficiency services account. Only the
director or the director's designee may authorize expenditures
from the account. The account is subject to the allotment procedures under chapter 43.88 RCW. [2002 c 332 § 3; 2001 c
292 § 2; 1998 c 105 § 1.]
(2004 Ed.)
Department of General Administration
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Effective date—1998 c 105: "This act takes effect July 1, 1999." [1998
c 105 § 18.]
43.19.123
43.19.123 Powers, duties, and functions pertaining to
energy efficiency in public buildings—Transfer from
state energy office—References to director or state
energy office. (1) All powers, duties, and functions of the
state energy office pertaining to energy efficiency in public
buildings are transferred to the department of general administration. All references to the director or the state energy
office in the Revised Code of Washington shall be construed
to mean the director or the department of general administration when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the state
energy office pertaining to the powers, functions, and duties
transferred shall be delivered to the custody of the department of general administration. All cabinets, furniture, office
equipment, software, data base, motor vehicles, and other
tangible property employed by the state energy office in carrying out the powers, functions, and duties transferred shall
be made available to the department of general administration. All funds, credits, or other assets held in connection
with the powers, functions, and duties transferred shall be
assigned to the department of general administration.
(b) Any appropriations made to the state energy office
for carrying out the powers, functions, and duties transferred
shall, on July 1, 1996, be transferred and credited to the
department of general administration.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files,
equipment, or other tangible property used or held in the
exercise of the powers and the performance of the duties and
functions transferred, the director of financial management
shall make a determination as to the proper allocation and
certify the same to the state agencies concerned.
(3) Within funds available, employees of the state energy
office whose primary responsibility is performing the powers, functions, and duties pertaining to energy efficiency in
public buildings are transferred to the jurisdiction of the
department of general administration. All employees classified under chapter 41.06 RCW, the state civil service law, are
assigned to the department of general administration to perform their usual duties upon the same terms as formerly,
without any loss of rights, subject to any action that may be
appropriate thereafter in accordance with the laws and rules
governing state civil service.
(4) All rules and all pending business before the state
energy office pertaining to the powers, functions, and duties
transferred shall be continued and acted upon by the department of general administration. All existing contracts and
obligations, excluding personnel contracts and obligations,
shall remain in full force and shall be performed by the
department of general administration.
(5) The transfer of the powers, duties, functions, and personnel of the state energy office shall not affect the validity of
any act performed before July 1, 1996.
(2004 Ed.)
43.19.185
(6) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer.
Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment
records in accordance with the certification. [1996 c 186 §
401.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
43.19.125
43.19.125 Powers and duties—Division of capitol
buildings. The director of general administration, through
the division of capitol buildings, shall have custody and control of the capitol buildings and grounds, supervise and direct
proper care, heating, lighting and repairing thereof, and designate rooms in the capitol buildings to be occupied by various state officials. [1965 c 8 § 43.19.125. Prior: 1959 c 301
§ 2; 1955 c 285 § 9.]
Capitol campus design advisory committee: RCW 43.34.080.
East capitol site, acquisition and development: RCW 79.24.500 through
79.24.600.
Housing for state offices: Chapter 43.82 RCW.
Parking facilities and traffic on capitol grounds: RCW 79.24.300 through
79.24.320, 46.08.150.
Public buildings, earthquake standards for construction: Chapter 70.86
RCW.
43.19.180
43.19.180 State purchasing and material control
director—Appointment—Personnel. The director of general administration shall appoint and deputize an assistant
director to be known as the state purchasing and material control director, who shall have charge and supervision of the
division of purchasing. In this capacity he shall ensure that
overall state purchasing and material control policy is implemented by state agencies, including educational institutions,
within established time limits.
With the approval of the director of general administration, he may appoint and employ such assistants and personnel as may be necessary to carry on the work of the division.
[1975-'76 2nd ex.s. c 21 § 1; 1965 c 8 § 43.19.180. Prior:
1955 c 285 § 10; 1935 c 176 § 16; RRS § 10786-15; prior:
1921 c 7 § 31; RRS § 10789.]
Severability—1975-'76 2nd ex.s. c 21: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-'76 2nd ex.s. c 21 § 14.]
43.19.185
43.19.185 State purchasing and material control
director—System for the use of credit cards or similar
devices to be developed—Rules. (1) The director of general
administration through the state purchasing and material control director shall develop a system for state agencies and
departments to use credit cards or similar devices to make
purchases. The director may contract to administer the credit
cards.
(2) The director of general administration through the
state purchasing and material control director shall adopt
rules for:
(a) The distribution of the credit cards;
[Title 43 RCW—page 69]
43.19.190
Title 43 RCW: State Government—Executive
(b) The authorization and control of the use of the credit
cards;
(c) The credit limits available on the credit cards;
(d) Instructing users of gasoline credit cards to use selfservice islands whenever possible;
(e) Payments of the bills; and
(f) Any other rule necessary to implement or administer
the program under this section. [1987 c 47 § 1; 1982 1st ex.s.
c 45 § 1.]
43.19.190 State purchasing and material control
director—Powers and duties. The director of general
administration, through the state purchasing and material
control director, shall:
(1) Establish and staff such administrative organizational
units within the division of purchasing as may be necessary
for effective administration of the provisions of RCW
43.19.190 through 43.19.1939;
(2) Purchase all material, supplies, services, and equipment needed for the support, maintenance, and use of all state
institutions, colleges, community colleges, technical colleges, college districts, and universities, the offices of the
elective state officers, the supreme court, the court of appeals,
the administrative and other departments of state government, and the offices of all appointive officers of the state:
PROVIDED, That the provisions of RCW 43.19.190 through
43.19.1937 do not apply in any manner to the operation of the
state legislature except as requested by the legislature: PROVIDED, That any agency may purchase material, supplies,
services, and equipment for which the agency has notified the
purchasing and material control director that it is more costeffective for the agency to make the purchase directly from
the vendor: PROVIDED, That primary authority for the purchase of specialized equipment, instructional, and research
material for their own use shall rest with the colleges, community colleges, and universities: PROVIDED FURTHER,
That universities operating hospitals and the state purchasing
and material control director, as the agent for state hospitals
as defined in RCW 72.23.010, and for health care programs
provided in state correctional institutions as defined in RCW
72.65.010(3) and veterans' institutions as defined in RCW
72.36.010 and 72.36.070, may make purchases for hospital
operation by participating in contracts for materials, supplies,
and equipment entered into by nonprofit cooperative hospital
group purchasing organizations: PROVIDED FURTHER,
That primary authority for the purchase of materials, supplies, and equipment for resale to other than public agencies
shall rest with the state agency concerned: PROVIDED
FURTHER, That authority to purchase services as included
herein does not apply to personal services as defined in chapter 39.29 RCW, unless such organization specifically
requests assistance from the division of purchasing in obtaining personal services and resources are available within the
division to provide such assistance: PROVIDED FURTHER, That the authority for the purchase of insurance and
bonds shall rest with the risk manager under *RCW
43.19.1935: PROVIDED FURTHER, That, except for the
authority of the risk manager to purchase insurance and
bonds, the director is not required to provide purchasing services for institutions of higher education that choose to exercise independent purchasing authority under RCW
43.19.190
[Title 43 RCW—page 70]
28B.10.029: PROVIDED FURTHER, That the authority to
purchase interpreter services and interpreter brokerage services on behalf of limited-English speaking or sensoryimpaired applicants and recipients of public assistance shall
rest with the department of social and health services;
(3) Have authority to delegate to state agencies authorization to purchase or sell, which authorization shall specify
restrictions as to dollar amount or to specific types of material, equipment, services, and supplies. Acceptance of the
purchasing authorization by a state agency does not relieve
such agency from conformance with other sections of RCW
43.19.190 through 43.19.1939, or from policies established
by the director. Also, delegation of such authorization to a
state agency, including an educational institution to which
this section applies, to purchase or sell material, equipment,
services, and supplies shall not be granted, or otherwise continued under a previous authorization, if such agency is not in
substantial compliance with overall state purchasing and
material control policies as established herein;
(4) Contract for the testing of material, supplies, and
equipment with public and private agencies as necessary and
advisable to protect the interests of the state;
(5) Prescribe the manner of inspecting all deliveries of
supplies, materials, and equipment purchased through the
division;
(6) Prescribe the manner in which supplies, materials,
and equipment purchased through the division shall be delivered, stored, and distributed;
(7) Provide for the maintenance of a catalogue library,
manufacturers' and wholesalers' lists, and current market
information;
(8) Provide for a commodity classification system and
may, in addition, provide for the adoption of standard specifications;
(9) Provide for the maintenance of inventory records of
supplies, materials, and other property;
(10) Prepare rules and regulations governing the relationship and procedures between the division of purchasing
and state agencies and vendors;
(11) Publish procedures and guidelines for compliance
by all state agencies, including those educational institutions
to which this section applies, which implement overall state
purchasing and material control policies;
(12) Advise state agencies, including educational institutions, regarding compliance with established purchasing and
material control policies under existing statutes. [2002 c 200
§ 3; 1995 c 269 § 1401; 1994 c 138 § 1; 1993 sp.s. c 10 § 2;
1993 c 379 § 102; 1991 c 238 § 135. Prior: 1987 c 414 § 10;
1987 c 70 § 1; 1980 c 103 § 1; 1979 c 88 § 1; 1977 ex.s. c 270
§ 4; 1975-'76 2nd ex.s. c 21 § 2; 1971 c 81 § 110; 1969 c 32
§ 3; prior: 1967 ex.s. c 104 § 2; 1967 ex.s. c 8 § 51; 1965 c 8
§ 43.19.190; prior: 1959 c 178 § 1; 1957 c 187 § 1; 1955 c
285 § 12; prior: (i) 1935 c 176 § 21; RRS § 10786-20. (ii)
1921 c 7 § 42; RRS § 10800. (iii) 1955 c 285 § 12; 1921 c 7
§ 37, part; RRS § 10795, part.]
*Reviser's note: RCW 43.19.1935 was recodified as RCW 43.41.310
pursuant to 2002 c 332 § 25.
Findings—2002 c 200: See note following RCW 39.29.040.
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
(2004 Ed.)
Department of General Administration
Purpose—1993 sp.s. c 10: "The legislature recognizes the need for
state agencies to maximize the buying power of increasingly scarce
resources for the purchase of goods and services. The legislature seeks to
provide state agencies with the ability to purchase goods and services at the
lowest cost." [1993 sp.s. c 10 § 1.]
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
Severability—1987 c 414: See RCW 39.29.900.
Severability—1980 c 103: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1980 c 103 § 3.]
Construction—1977 ex.s. c 270: See RCW 43.41.901.
Severability—1975-'76 2nd ex.s. c 21: See note following RCW
43.19.180.
Federal surplus property: Chapter 39.32 RCW.
Purchase of blind made products and services: Chapter 19.06 RCW.
43.19.1901
43.19.1901 "Purchase" includes leasing or renting—
Electronic data processing equipment excepted. The term
"purchase" as used in RCW 43.19.190 through 43.19.200,
and as they may hereafter be amended, shall include leasing
or renting: PROVIDED, That the purchasing, leasing or renting of electronic data processing equipment shall not be
included in the term "purchasing" if and when such transactions are otherwise expressly provided for by law.
The acquisition of job services and all other services for
the family independence program under *chapter 74.21
RCW shall not be included in the term "purchasing" under
this chapter. [1987 c 434 § 23; 1983 c 3 § 102; 1967 ex.s. c
104 § 1.]
*Reviser's note: Chapter 74.21 RCW expired June 30, 1993, pursuant
to 1988 c 43 § 5.
43.19.1905
43.19.1905 Statewide policy for purchasing and
material control—Establishment—Functions covered.
The director of general administration shall establish overall
state policy for compliance by all state agencies, including
educational institutions, regarding the following purchasing
and material control functions:
(1) Development of a state commodity coding system,
including common stock numbers for items maintained in
stores for reissue;
(2) Determination where consolidations, closures, or
additions of stores operated by state agencies and educational
institutions should be initiated;
(3) Institution of standard criteria for determination of
when and where an item in the state supply system should be
stocked;
(4) Establishment of stock levels to be maintained in
state stores, and formulation of standards for replenishment
of stock;
(5) Formulation of an overall distribution and redistribution system for stock items which establishes sources of supply support for all agencies, including interagency supply
support;
(6) Determination of what function data processing
equipment, including remote terminals, shall perform in
statewide purchasing and material control for improvement
of service and promotion of economy;
(2004 Ed.)
43.19.1905
(7) Standardization of records and forms used statewide
for supply system activities involving purchasing, receiving,
inspecting, storing, requisitioning, and issuing functions,
including a standard notification form for state agencies to
report cost-effective direct purchases, which shall at least
identify the price of the goods as available through the division of purchasing, the price of the goods as available from
the alternative source, the total savings, and the signature of
the notifying agency's director or the director's designee;
(8) Screening of supplies, material, and equipment
excess to the requirements of one agency for overall state
need before sale as surplus;
(9) Establishment of warehouse operation and storage
standards to achieve uniform, effective, and economical
stores operations;
(10) Establishment of time limit standards for the issuing
of material in store and for processing requisitions requiring
purchase;
(11) Formulation of criteria for determining when centralized rather than decentralized purchasing shall be used to
obtain maximum benefit of volume buying of identical or
similar items, including procurement from federal supply
sources;
(12) Development of criteria for use of leased, rather
than state owned, warehouse space based on relative cost and
accessibility;
(13) Institution of standard criteria for purchase and
placement of state furnished materials, carpeting, furniture,
fixtures, and nonfixed equipment, in newly constructed or
renovated state buildings;
(14) Determination of how transportation costs incurred
by the state for materials, supplies, services, and equipment
can be reduced by improved freight and traffic coordination
and control;
(15) Establishment of a formal certification program for
state employees who are authorized to perform purchasing
functions as agents for the state under the provisions of chapter 43.19 RCW;
(16) Development of performance measures for the
reduction of total overall expense for material, supplies,
equipment, and services used each biennium by the state;
(17) Establishment of a standard system for all state
organizations to record and report dollar savings and cost
avoidance which are attributable to the establishment and
implementation of improved purchasing and material control
procedures;
(18) Development of procedures for mutual and voluntary cooperation between state agencies, including educational institutions, and political subdivisions for exchange of
purchasing and material control services;
(19) Resolution of all other purchasing and material matters which require the establishment of overall statewide policy for effective and economical supply management;
(20) Development of guidelines and criteria for the purchase of vehicles, high gas mileage vehicles, alternate vehicle
fuels and systems, equipment, and materials that reduce overall energy-related costs and energy use by the state, including
investigations into all opportunities to aggregate the purchasing of clean technologies by state and local governments, and
including the requirement that new passenger vehicles purchased by the state meet the minimum standards for passen[Title 43 RCW—page 71]
43.19.19052
Title 43 RCW: State Government—Executive
ger automobile fuel economy established by the United
States secretary of transportation pursuant to the energy policy and conservation act (15 U.S.C. Sec. 2002);
(21) Development of goals for state use of recycled or
environmentally preferable products through specifications
for products and services, processes for requests for proposals and requests for qualifications, contractor selection, and
contract negotiations. [2002 c 299 § 5; 2002 c 285 § 1; 1995
c 269 § 1402; 1993 sp.s. c 10 § 3; 1987 c 504 § 16; 1980 c 172
§ 7; 1975-'76 2nd ex.s. c 21 § 5.]
Reviser's note: This section was amended by 2002 c 285 § 1 and by
2002 c 299 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
Notification forms—1993 sp.s. c 10: "The department of general
administration shall forward copies of notification forms required under
RCW 43.19.1905(7) to the office of financial management. By September 1,
1994, the department of general administration shall report to the house of
representatives fiscal committees and senate ways and means committee on
the volume and type of purchases made and the aggregate savings identified
by state agencies making purchases as authorized by this act for fiscal year
1994." [1993 sp.s. c 10 § 4.]
Purpose—1993 sp.s. c 10: See note following RCW 43.19.190.
Severability—Effective date—1987 c 504: See RCW 43.105.901 and
43.105.902.
Severability—1975-'76 2nd ex.s. c 21: See note following RCW
43.19.180.
Energy conservation—Legislative finding—Declaration—Purpose: RCW
43.19.668 and 43.19.669.
43.19.19052
43.19.19052 Initial purchasing and material control
policy—Legislative intent—Agency cooperation. Initial
policy determinations for the functions described in RCW
43.19.1905 shall be developed and published within the
1975-77 biennium by the director for guidance and compliance by all state agencies, including educational institutions,
involved in purchasing and material control. Modifications to
these initial supply management policies established during
the 1975-77 biennium shall be instituted by the director in
future biennia as required to maintain an efficient and up-todate state supply management system.
It is the intention of the legislature that measurable
improvements in the effectiveness and economy of supply
management in state government shall be achieved during the
1975-77 biennium, and each biennium thereafter. All agencies, departments, offices, divisions, boards, and commissions and educational, correctional, and other types of institutions are required to cooperate with and support the development and implementation of improved efficiency and
economy in purchasing and material control. To effectuate
this legislative intention, the director, through the state purchasing and material control director, shall have the authority
to direct and require the submittal of data from all state organizations concerning purchasing and material control matters. [1998 c 245 § 54; 1995 c 269 § 1403; 1986 c 158 § 9;
1979 c 151 § 98; 1975-'76 2nd ex.s. c 21 § 6.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
[Title 43 RCW—page 72]
Severability—1975-'76 2nd ex.s. c 21: See note following RCW
43.19.180.
43.19.19054
43.19.19054 Exemptions from statewide policy for
purchasing and material control. The provisions of RCW
43.19.1905 shall not apply to materials, supplies, and equipment purchased for resale to other than public agencies by
state agencies, including educational institutions. In addition,
RCW 43.19.1905 shall not apply to liquor purchased by the
state for resale under the provisions of Title 66 RCW. [1975'76 2nd ex.s. c 21 § 7.]
Severability—1975-'76 2nd ex.s. c 21: See note following RCW
43.19.180.
43.19.1906
43.19.1906 Competitive bids—Sealed bids, exceptions. Insofar as practicable, all purchases and sales shall be
based on competitive bids, and a formal sealed bid procedure
shall be used as standard procedure for all purchases and contracts for purchases and sales executed by the state purchasing and material control director and under the powers
granted by RCW 43.19.190 through 43.19.1939. This
requirement also applies to purchases and contracts for purchases and sales executed by agencies, including educational
institutions, under delegated authority granted in accordance
with provisions of RCW 43.19.190 or under RCW
28B.10.029. However, formal sealed bidding is not necessary
for:
(1) Emergency purchases made pursuant to RCW
43.19.200 if the sealed bidding procedure would prevent or
hinder the emergency from being met appropriately;
(2) Purchases not exceeding thirty-five thousand dollars,
or subsequent limits as calculated by the office of financial
management: PROVIDED, That the state director of general
administration shall establish procedures to assure that purchases made by or on behalf of the various state agencies
shall not be made so as to avoid the thirty-five thousand dollar bid limitation, or subsequent bid limitations as calculated
by the office of financial management: PROVIDED FURTHER, That the state purchasing and material control director is authorized to reduce the formal sealed bid limits of
thirty-five thousand dollars, or subsequent limits as calculated by the office of financial management, to a lower dollar
amount for purchases by individual state agencies if considered necessary to maintain full disclosure of competitive procurement or otherwise to achieve overall state efficiency and
economy in purchasing and material control. Quotations
from three thousand dollars to thirty-five thousand dollars, or
subsequent limits as calculated by the office of financial
management, shall be secured from at least three vendors to
assure establishment of a competitive price and may be
obtained by telephone or written quotations, or both. The
agency shall invite at least one quotation each from a certified
minority and a certified women-owned vendor who shall otherwise qualify to perform such work. Immediately after the
award is made, the bid quotations obtained shall be recorded
and open to public inspection and shall be available by telephone inquiry. A record of competition for all such purchases
from three thousand dollars to thirty-five thousand dollars, or
subsequent limits as calculated by the office of financial
management, shall be documented for audit purposes. Purchases up to three thousand dollars may be made without
(2004 Ed.)
Department of General Administration
competitive bids based on buyer experience and knowledge
of the market in achieving maximum quality at minimum
cost;
(3) Purchases which are clearly and legitimately limited
to a single source of supply and purchases involving special
facilities, services, or market conditions, in which instances
the purchase price may be best established by direct negotiation;
(4) Purchases of insurance and bonds by the risk management division under RCW 43.41.310;
(5) Purchases and contracts for vocational rehabilitation
clients of the department of social and health services: PROVIDED, That this exemption is effective only when the state
purchasing and material control director, after consultation
with the director of the division of vocational rehabilitation
and appropriate department of social and health services procurement personnel, declares that such purchases may be best
executed through direct negotiation with one or more suppliers in order to expeditiously meet the special needs of the
state's vocational rehabilitation clients;
(6) Purchases by universities for hospital operation or
biomedical teaching or research purposes and by the state
purchasing and material control director, as the agent for state
hospitals as defined in RCW 72.23.010, and for health care
programs provided in state correctional institutions as
defined in RCW 72.65.010(3) and veterans' institutions as
defined in RCW 72.36.010 and 72.36.070, made by participating in contracts for materials, supplies, and equipment
entered into by nonprofit cooperative hospital group purchasing organizations;
(7) Purchases for resale by institutions of higher education to other than public agencies when such purchases are
for the express purpose of supporting instructional programs
and may best be executed through direct negotiation with one
or more suppliers in order to meet the special needs of the
institution;
(8) Purchases by institutions of higher education not
exceeding thirty-five thousand dollars: PROVIDED, That
for purchases between three thousand dollars and thirty-five
thousand dollars quotations shall be secured from at least
three vendors to assure establishment of a competitive price
and may be obtained by telephone or written quotations, or
both. For purchases between three thousand dollars and
thirty-five thousand dollars, each institution of higher education shall invite at least one quotation each from a certified
minority and a certified women-owned vendor who shall otherwise qualify to perform such work. A record of competition
for all such purchases made from three thousand to thirty-five
thousand dollars shall be documented for audit purposes; and
(9) Negotiation of a contract by the department of transportation, valid until June 30, 2001, with registered tow truck
operators to provide roving service patrols in one or more
Washington state patrol tow zones whereby those registered
tow truck operators wishing to participate would cooperatively, with the department of transportation, develop a demonstration project upon terms and conditions negotiated by
the parties.
Beginning on July 1, 1995, and on July 1 of each succeeding odd-numbered year, the dollar limits specified in this
section shall be adjusted as follows: The office of financial
management shall calculate such limits by adjusting the pre(2004 Ed.)
43.19.1911
vious biennium's limits by the appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest one hundred dollars. However, the three thousand dollar figure in
subsections (2) and (8) of this section may not be adjusted to
exceed five thousand dollars. [2002 c 332 § 4. Prior: 1999
sp.s. c 1 § 606; 1999 c 195 § 1; 1999 c 106 § 1; 1995 c 269 §
1404; 1994 c 300 § 1; 1993 c 379 § 103; 1992 c 85 § 1; prior:
1987 c 81 § 1; 1987 c 70 § 2; 1985 c 342 § 1; 1984 c 102 § 3;
1983 c 141 § 1; 1980 c 103 § 2; 1979 ex.s. c 14 § 1; 1977 ex.s.
c 270 § 5; 1975-'76 2nd ex.s. c 21 § 8; 1965 c 8 § 43.19.1906;
prior: 1959 c 178 § 4.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Severability—1999 sp.s. c 1: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1999 sp.s. c 1 § 619.]
Effective date—1999 sp.s. c 1: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 27, 1999]." [1999 sp.s. c 1 § 620.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Findings—1984 c 102: See note following RCW 43.19.200.
Severability—1980 c 103: See note following RCW 43.19.190.
Construction—1977 ex.s. c 270: See RCW 43.41.901.
Severability—1975-'76 2nd ex.s. c 21: See note following RCW
43.19.180.
43.19.1908
43.19.1908 Bids—Solicitation, notices—Qualified
bidders—Writing. Competitive bidding required by RCW
43.19.190 through 43.19.1939 shall be solicited by public
notice, and through the sending of notices by mail, electronic
transmission, or other means to bidders on the appropriate list
of bidders who shall have qualified by application to the division of purchasing. Bids may be solicited by the purchasing
division from any source thought to be of advantage to the
state. All bids shall be in writing and conform to rules of the
division of purchasing. [1994 c 300 § 2; 1965 c 8 §
43.19.1908. Prior: 1959 c 178 § 5.]
43.19.1911
43.19.1911 Competitive bids—Notice of modification
or cancellation—Cancellation requirements—Lowest
responsible bidder—Preferential purchase—Life cycle
costing. (1) Preservation of the integrity of the competitive
bid system dictates that after competitive bids have been
opened, award must be made to that responsible bidder who
submitted the lowest responsive bid pursuant to subsections
(7) and (9) of this section, unless there is a compelling reason
to reject all bids and cancel the solicitation.
(2) Every effort shall be made to anticipate changes in a
requirement before the date of opening and to provide reasonable notice to all prospective bidders of any resulting modification or cancellation. If, in the opinion of the purchasing
agency, division, or department head, it is not possible to provide reasonable notice, the published date for receipt of bids
may be postponed and all known bidders notified. This will
permit bidders to change their bids and prevent unnecessary
[Title 43 RCW—page 73]
43.19.1913
Title 43 RCW: State Government—Executive
exposure of bid prices. In addition, every effort shall be
made to include realistic, achievable requirements in a solicitation.
(3) After the opening of bids, a solicitation may not be
canceled and resolicited solely because of an increase in
requirements for the items being acquired. Award may be
made on the initial solicitation and an increase in requirements may be treated as a new acquisition.
(4) A solicitation may be canceled and all bids rejected
before award but after bid opening only when, consistent
with subsection (1) of this section, the purchasing agency,
division, or department head determines in writing that:
(a) Unavailable, inadequate, ambiguous specifications,
terms, conditions, or requirements were cited in the solicitation;
(b) Specifications, terms, conditions, or requirements
have been revised;
(c) The supplies or services being contracted for are no
longer required;
(d) The solicitation did not provide for consideration of
all factors of cost to the agency;
(e) Bids received indicate that the needs of the agency
can be satisfied by a less expensive article differing from that
for which the bids were invited;
(f) All otherwise acceptable bids received are at unreasonable prices or only one bid is received and the agency cannot determine the reasonableness of the bid price;
(g) No responsive bid has been received from a responsible bidder; or
(h) The bid process was not fair or equitable.
(5) The agency, division, or department head may not
delegate his or her authority under this section.
(6) After the opening of bids, an agency may not reject
all bids and enter into direct negotiations to complete the
planned acquisition. However, the agency can enter into
negotiations exclusively with the lowest responsible bidder in
order to determine if the lowest responsible bid may be
improved. Until December 31, 2007, for purchases requiring
a formal bid process the agency shall also enter into negotiations with and may consider for award the lowest responsible
bidder that is a vendor in good standing, as defined in RCW
43.19.525. An agency shall not use this negotiation opportunity to permit a bidder to change a nonresponsive bid into a
responsive bid.
(7) In determining the lowest responsible bidder, the
agency shall consider any preferences provided by law to
Washington products and vendors and to RCW 43.19.704,
and further, may take into consideration the quality of the
articles proposed to be supplied, their conformity with specifications, the purposes for which required, and the times of
delivery.
(8) Each bid with the name of the bidder shall be entered
of record and each record, with the successful bid indicated,
shall, after letting of the contract, be open to public inspection.
(9) In determining "lowest responsible bidder", in addition to price, the following elements shall be given consideration:
(a) The ability, capacity, and skill of the bidder to perform the contract or provide the service required;
[Title 43 RCW—page 74]
(b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
(c) Whether the bidder can perform the contract within
the time specified;
(d) The quality of performance of previous contracts or
services;
(e) The previous and existing compliance by the bidder
with laws relating to the contract or services;
(f) Such other information as may be secured having a
bearing on the decision to award the contract: PROVIDED,
That in considering bids for purchase, manufacture, or lease,
and in determining the "lowest responsible bidder," whenever there is reason to believe that applying the "life cycle
costing" technique to bid evaluation would result in lowest
total cost to the state, first consideration shall be given by
state purchasing activities to the bid with the lowest life cycle
cost which complies with specifications. "Life cycle cost"
means the total cost of an item to the state over its estimated
useful life, including costs of selection, acquisition, operation, maintenance, and where applicable, disposal, as far as
these costs can reasonably be determined, minus the salvage
value at the end of its estimated useful life. The "estimated
useful life" of an item means the estimated time from the date
of acquisition to the date of replacement or disposal, determined in any reasonable manner. Nothing in this section
shall prohibit any state agency, department, board, commission, committee, or other state-level entity from allowing for
preferential purchase of products made from recycled materials or products that may be recycled or reused. [2003 c 136 §
6; 1996 c 69 § 2; 1989 c 431 § 60; 1983 c 183 § 4; 1980 c 172
§ 8; 1965 c 8 § 43.19.1911. Prior: 1959 c 178 § 6.]
Intent—1996 c 69: "It is the intent of the legislature to preserve the
integrity of the competitive bidding system for state contracts. This dictates
that, after competitive bids have been opened, the agency must award the
contract to the responsible bidder who submitted the lowest responsive bid
and that only in limited compelling circumstances may the agency reject all
bids and cancel the solicitation. Further, after opening the competitive bids,
the agency may not reject all bids and enter into direct negotiations with the
bidders to complete the acquisition." [1996 c 69 § 1.]
Severability—1989 c 431: See RCW 70.95.901.
Energy conservation—Legislative finding—Declaration—Purpose: RCW
43.19.668 and 43.19.669.
43.19.1913
43.19.1913 Rejection of bid for previous unsatisfactory performance. The division of purchasing may reject
the bid of any bidder who has failed to perform satisfactorily
a previous contract with the state. [1965 c 8 § 43.19.1913.
Prior: 1959 c 178 § 7.]
43.19.1914
43.19.1914 Low bidder claiming error—Prohibition
on later bid for same project. A low bidder who claims
error and fails to enter into a contract is prohibited from bidding on the same purchase or project if a second or subsequent call for bids is made for the project. [1996 c 18 § 7.]
43.19.1915
43.19.1915 Bidder's bond—Annual bid bond. When
any bid has been accepted, the division of purchasing may
require of the successful bidder a bond payable to the state in
such amount with such surety or sureties as determined by the
division of purchasing, conditioned that he will fully, faithfully and accurately execute the terms of the contract into
which he has entered. The bond shall be filed in the office of
(2004 Ed.)
Department of General Administration
the division of purchasing. Bidders who regularly do business
with the state shall be permitted to file with the division of
purchasing an annual bid bond in an amount established by
the division and such annual bid bond shall be acceptable as
surety in lieu of furnishing surety with individual bids. [1965
c 8 § 43.19.1915. Prior: 1959 c 178 § 8.]
43.19.1917
43.19.1917 Records of equipment owned by state—
Inspection—"State equipment" defined. All state agencies, including educational institutions, shall maintain a perpetual record of ownership of state owned equipment, which
shall be available for the inspection and check of those officers who are charged by law with the responsibility for auditing the records and accounts of the state organizations owning the equipment, or to such other special investigators and
others as the governor may direct. In addition, these records
shall be made available to members of the legislature, the legislative committees, and legislative staff on request.
All state agencies, including educational institutions,
shall account to the office of financial management upon
request for state equipment owned by, assigned to, or otherwise possessed by them and maintain such records as the
office of financial management deems necessary for proper
accountability therefor. The office of financial management
shall publish a procedural directive for compliance by all
state agencies, including educational institutions, which
establishes a standard method of maintaining records for state
owned equipment, including the use of standard state forms.
This published directive also shall include instructions for
reporting to the division of purchasing all state equipment
which is excess to the needs of state organizations owning
such equipment. The term "state equipment" means all items
of machines, tools, furniture, or furnishings other than
expendable supplies and materials as defined by the office of
financial management. [1979 c 88 § 3; 1975-'76 2nd ex.s. c
21 § 9; 1969 ex.s. c 53 § 2; 1965 c 8 § 43.19.1917. Prior:
1959 c 178 § 9.]
Severability—1975-'76 2nd ex.s. c 21: See note following RCW
43.19.180.
43.19.1919 Surplus personal property—Sale,
exchange—Exceptions and limitations. The division of
purchasing shall sell or exchange personal property belonging to the state for which the agency, office, department, or
educational institution having custody thereof has no further
use, at public or private sale, and cause the moneys realized
from the sale of any such property to be paid into the fund
from which such property was purchased or, if such fund no
longer exists, into the state general fund. This requirement is
subject to the following exceptions and limitations:
(1) This section does not apply to property under RCW
27.53.045, 28A.335.180, or 43.19.1920;
(2) Sales of capital assets may be made by the division of
purchasing and a credit established in central stores for future
purchases of capital items as provided for in RCW 43.19.190
through 43.19.1939;
(3) Personal property, excess to a state agency, including
educational institutions, shall not be sold or disposed of prior
to reasonable efforts by the division of purchasing to determine if other state agencies have a requirement for such personal property. Such determination shall follow sufficient
43.19.1919
(2004 Ed.)
43.19.19191
notice to all state agencies to allow adequate time for them to
make their needs known. Surplus items may be disposed of
without prior notification to state agencies if it is determined
by the director of general administration to be in the best
interest of the state. The division of purchasing shall maintain
a record of disposed surplus property, including date and
method of disposal, identity of any recipient, and approximate value of the property;
(4) This section does not apply to personal property
acquired by a state organization under federal grants and contracts if in conflict with special title provisions contained in
such grants or contracts;
(5) A state agency having a surplus personal property
asset with a fair market value of less than five hundred dollars
may transfer the asset to another state agency without charging fair market value. A state agency conducting this action
must maintain adequate records to comply with agency
inventory procedures and state audit requirements. [2000 c
183 § 1; 1997 c 264 § 2; (1995 2nd sp.s. c 14 § 513 expired
June 30, 1997); 1991 c 216 § 2; 1989 c 144 § 1; 1988 c 124 §
8; 1975-'76 2nd ex.s. c 21 § 11; 1965 c 8 § 43.19.1919. Prior:
1959 c 178 § 10.]
Expiration date—1995 2nd sp.s. c 14 §§ 511-523, 528-533: See note
following RCW 43.105.017.
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Findings—1991 c 216: "The legislature finds that (1) there are an
increasing number of persons who are unable to meet their basic needs relating to shelter, clothing, and nourishment; (2) there are many nonprofit organizations and units of local government that provide shelter and other assistance to these persons but that these organizations are finding it difficult to
meet the increasing demand for such assistance; and (3) the numerous agencies and institutions of state government generate a significant quantity of
surplus, tangible personal property that would be of great assistance to
homeless persons throughout the state. Therefore, the legislature finds that it
is in the best interest of the state to provide for the donation of state-owned,
surplus, tangible property to assist the homeless in meeting their basic
needs." [1991 c 216 § 1.]
Severability—Intent—Application—1988 c 124: See RCW
27.53.901 and notes following RCW 27.53.030.
Severability—1975-'76 2nd ex.s. c 21: See note following RCW
43.19.180.
43.19.19190
43.19.19190 Surplus property—Exemption for original or historic state capitol furnishings. Original or historic furnishings from the state capitol group under RCW
27.48.040 do not constitute surplus property under this chapter. [1999 c 343 § 3.]
Findings—Purpose—1999 c 343: See note following RCW
27.48.040.
43.19.19191
43.19.19191 Surplus computers and computerrelated equipment—Donation to school districts or educational service districts. (1) In addition to disposing of
property under RCW 28A.335.180, 39.33.010, 43.19.1919,
and 43.19.1920, state-owned, surplus computers and computer-related equipment may be donated to any school district or educational service district under the guidelines and
distribution standards established pursuant to subsection (2)
of this section.
[Title 43 RCW—page 75]
43.19.1920
Title 43 RCW: State Government—Executive
(2) By September 1, 1999, the department and office of
the superintendent of public instruction shall jointly develop
guidelines and distribution standards for the donation of
state-owned, surplus computers and computer-related equipment to school districts and educational service districts. The
guidelines and distribution standards shall include considerations for quality, school-district needs, and accountability,
and shall give priority to meeting the computer-related needs
of children with disabilities, including those disabilities
necessitating the portability of laptop computers. [1999 c
186 § 1.]
43.19.1920
43.19.1920 Surplus personal property—Donation to
emergency shelters. The division of purchasing may donate
state-owned, surplus, tangible personal property to shelters
that are: Participants in the department of community, trade,
and economic development's emergency shelter assistance
program; and operated by nonprofit organizations or units of
local government providing emergency or transitional housing for homeless persons. A donation may be made only if all
of the following conditions have been met:
(1) The division of purchasing has made reasonable
efforts to determine if any state agency has a requirement for
such personal property and no such agency has been identified. Such determination shall follow sufficient notice to all
state agencies to allow adequate time for them to make their
needs known;
(2) The agency owning the property has authorized the
division of purchasing to donate the property in accordance
with this section;
(3) The nature and quantity of the property in question is
directly germane to the needs of the homeless persons served
by the shelter and the purpose for which the shelter exists and
the shelter agrees to use the property for such needs and purposes; and
(4) The director of general administration has determined that the donation of such property is in the best interest
of the state. [1995 c 399 § 63; 1991 c 216 § 3.]
Findings—1991 c 216: See note following RCW 43.19.1919.
Emergency shelter assistance program: Chapter 365-120 WAC.
43.19.19201
43.19.19201 Affordable housing—Inventory of suitable property. (1) The department of general administration
shall identify and catalog real property that is no longer
required for department purposes and is suitable for the
development of affordable housing for very low-income,
low-income, and moderate-income households as defined in
RCW 43.63A.510. The inventory shall include the location,
approximate size, and current zoning classification of the
property. The department of general administration shall provide a copy of the inventory to the department of community,
trade, and economic development by November 1, 1993, and
every November 1 thereafter.
(2) By November 1 of each year, beginning in 1994, the
department of general administration shall purge the inventory of real property of sites that are no longer available for
the development of affordable housing. The department shall
include an updated listing of real property that has become
available since the last update. As used in this section, "real
[Title 43 RCW—page 76]
property" means buildings, land, or buildings and land.
[1995 c 399 § 64; 1993 c 461 § 7.]
Finding—1993 c 461: See note following RCW 43.63A.510.
43.19.1921
43.19.1921 Central stores warehouse facilities—Central maintenance, repair—Sales, exchanges, between
state agencies. The director of general administration,
through the division of purchasing, shall:
(1) Establish and maintain warehouses hereinafter
referred to as "central stores" for the centralized storage and
distribution of such supplies, equipment, and other items of
common use in order to effect economies in the purchase of
supplies and equipment for state agencies. To provide central
stores warehouse facilities the division of purchasing may, by
arrangement with the state agencies, utilize any surplus available state owned space, and may acquire other needed warehouse facilities by lease or purchase of the necessary premises;
(2) Provide for the central salvage, maintenance, repair,
and servicing of equipment, furniture, or furnishings used by
state agencies, and also by means of such a service provide an
equipment pool for effecting sales and exchanges of surplus
and unused property by and between state agencies. Funds
derived from the sale and exchange of property shall be
placed to the account of the appropriate state agency on the
central stores accounts but such funds may not be expended
through central stores without prior approval of the office of
financial management. [1979 c 151 § 100; 1965 c 8 §
43.19.1921. Prior: 1959 c 178 § 11.]
43.19.1923
43.19.1923 General administration services
account—Use. The general administration services account
shall be used for the purchase of supplies and equipment handled or rented through central stores, and the payment of salaries, wages, and other costs incidental to the acquisition,
operation, and maintenance of the central stores, and other
activities connected therewith, which shall include utilities
services. The account shall be credited with all receipts from
the rental, sale, or distribution of supplies, equipment, and
services rendered to the various state agencies. Central stores,
utilities services, and other activities within the general
administration services account shall be treated as separate
operating entities for financial and accounting control. Financial records involving the general administration services
account shall be designed to provide data for achieving maximum effectiveness and economy of each individual activity
within the account. [2001 c 292 § 3; 1998 c 105 § 6; 1991
sp.s. c 16 § 921; 1987 c 504 § 17; 1975-'76 2nd ex.s. c 21 §
12; 1967 ex.s. c 104 § 5; 1965 c 8 § 43.19.1923. Prior: 1959
c 178 § 12.]
Effective date—1998 c 105: See note following RCW 43.19.025.
Severability—1991 sp.s. c 16: See notes following RCW 9.46.100.
Severability—Effective date—1987 c 504: See RCW 43.105.901 and
43.105.902.
Severability—1975-'76 2nd ex.s. c 21: See note following RCW
43.19.180.
43.19.1925
43.19.1925 Combined purchases of commonly used
items—Advance payments by state agencies—Costs of
operating central stores. To supply such funds as may be
(2004 Ed.)
Department of General Administration
necessary for making combined purchases of items or services of common use by central stores, state agencies shall,
upon request of the division of purchasing, from time to time,
make advance payments into the general administration services account from funds regularly appropriated to them for
the procurement of supplies, equipment, and services: PROVIDED, That advance payment for services shall be on a
quarterly basis: PROVIDED FURTHER, That any person,
firm or corporation other than central stores rendering services for which advance payments are made shall deposit
cash or furnish surety bond coverage to the state in an amount
as shall be fixed by law, or if not fixed by law, then in such
amounts as shall be fixed by the director of the department of
general administration. Any such bond so furnished shall be
conditioned that the person, firm or corporation receiving the
advance payment will apply it toward performance of the
contract. Funds so advanced to central stores shall be used
only for the combined procurement, storage, and delivery of
such stocks of supplies, equipment, and services as are requisitioned by the agency and shall be offset and repaid to the
respective state agencies by an equivalent value in merchandise supplied and charged out from time to time from central
stores. Costs of operation of central stores may be recovered
by charging as part of the value of materials, supplies, or services an amount sufficient to cover the costs of operating central stores. [1998 c 105 § 7; 1975 c 40 § 8; 1973 c 104 § 2;
1965 c 8 § 43.19.1925. Prior: 1959 c 178 § 13.]
Effective date—1998 c 105: See note following RCW 43.19.025.
Powers and duties of director of general administration as to official bonds:
RCW 43.41.360.
43.19.1932
43.19.1932 Correctional industries goods and services—Sales and purchases. The department of corrections
shall be exempt from the following provisions of this chapter
in respect to goods or services purchased or sold pursuant to
the operation of correctional industries: RCW 43.19.180,
43.19.190, 43.19.1901, 43.19.1905, 43.19.1906, 43.19.1908,
43 . 1 9.1 9 11 , 4 3. 1 9 . 19 1 3, 4 3 . 19 . 1 91 5 , 43 . 1 9.1 9 17 ,
43.19.1919, 43.19.1921, 43.19.1925, and 43.19.200. [1989 c
185 § 2; 1981 c 136 § 14.]
Effective date—1981 c 136: See RCW 72.09.900.
43.19.1937
43.19.1937 Acceptance of benefits, gifts, etc., prohibited—Penalties. No state employee whose duties performed
for the state include:
(1) Advising on or drawing specifications for supplies,
equipment, commodities, or services;
(2) Suggesting or determining vendors to be placed upon
a bid list;
(3) Drawing requisitions for supplies, equipment, commodities, or services;
(4) Evaluating specifications or bids and suggesting or
determining awards; or
(5) Accepting the receipt of supplies, equipment, and
commodities or approving the performance of services or
contracts;
shall accept or receive, directly or indirectly, a personal
financial benefit, or accept any gift, token, membership, or
service, as a result of a purchase entered into by the state,
from any person, firm, or corporation engaged in the sale,
(2004 Ed.)
43.19.200
lease, or rental of property, material, supplies, equipment,
commodities, or services to the state of Washington.
Violation of this section shall be considered a malfeasance and may cause loss of position, and the violator shall be
liable to the state upon his official bond for all damages sustained by the state. Contracts involved may be canceled at the
option of the state. Penalties provided in this section are not
exclusive, and shall not bar action under any other statute
penalizing the same act or omission. [1995 c 269 § 1405;
1975-'76 2nd ex.s. c 21 § 13; 1965 c 8 § 43.19.1937. Prior:
1959 c 178 § 19.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
Severability—1975-'76 2nd ex.s. c 21: See note following RCW
43.19.180.
Public officers
code of ethics: Chapters 42.23 and 42.52 RCW.
misconduct: Chapter 42.20 RCW.
43.19.1939
43.19.1939 Unlawful to offer, give, accept, benefits as
inducement for or to refrain from bidding—Penalty. (1)
When any competitive bid or bids are to be or have been
solicited, requested, or advertised for by the state under the
provisions of RCW 43.19.190 through 43.19.1939, it shall be
unlawful for any person acting for himself, herself, or as
agent of another, to offer, give, or promise to give, any
money, check, draft, property, or other thing of value, to
another for the purpose of inducing such other person to
refrain from submitting any bids upon such purchase or to
enter into any agreement, understanding or arrangement
whereby full and unrestricted competition for the securing of
such public work will be suppressed, prevented, or eliminated; and it shall be unlawful for any person to solicit, accept
or receive any money, check, draft, property, or other thing of
value upon a promise or understanding, express or implied,
that he or she individually or as an agent or officer of another
will refrain from bidding upon such contract, or that he or she
will on behalf of himself, herself, or such others submit or
permit another to submit for him or her any bid upon such
purchase in such sum as to eliminate full and unrestricted
competition thereon.
(2) Any person violating this section is guilty of a misdemeanor. [2003 c 53 § 226; 1965 c 8 § 43.19.1939. Prior:
1959 c 178 § 20.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Competitive bidding on public works, suppression or collusion, penalty:
RCW 9.18.120 through 9.18.150.
43.19.200
43.19.200 Duty of others in relation to purchases—
Emergency purchases—Written notifications. (1) The
governing authorities of the state's educational institutions,
the elective state officers, the supreme court, the court of
appeals, the administrative and other departments of the state
government, and all appointive officers of the state, shall prepare estimates of the supplies required for the proper conduct
and maintenance of their respective institutions, offices, and
departments, covering periods to be fixed by the director, and
forward them to the director in accordance with his directions. No such authorities, officers, or departments, or any
[Title 43 RCW—page 77]
43.19.450
Title 43 RCW: State Government—Executive
officer or employee thereof, may purchase any article for the
use of their institutions, offices, or departments, except in
case of emergency purchases as provided in subsection (2) of
this section.
(2) The authorities, officers, and departments enumerated in subsection (1) of this section may make emergency
purchases in response to unforeseen circumstances beyond
the control of the agency which present a real, immediate,
and extreme threat to the proper performance of essential
functions or which may reasonably be expected to result in
excessive loss or damage to property, bodily injury, or loss of
life. When an emergency purchase is made, the agency head
shall submit written notification of the purchase, within three
days of the purchase, to the director of general administration. This notification shall contain a description of the purchase, description of the emergency and the circumstances
leading up to the emergency, and an explanation of why the
circumstances required an emergency purchase.
(3) Purchases made for the state's educational institutions, the offices of the elective state officers, the supreme
court, the court of appeals, the administrative and other
departments of the state government, and the offices of all
appointive officers of the state, shall be paid for out of the
moneys appropriated for supplies, material, and service of the
respective institutions, offices, and departments.
(4) The director of general administration shall submit,
on an annual basis, the written notifications required by subsection (2) of this section to the director of financial management. [1986 c 158 § 10; 1984 c 102 § 2; 1971 c 81 § 111;
1965 c 8 § 43.19.200. Prior: 1955 c 285 § 13; prior: 1921 c
7 § 37, part; RRS § 10795, part.]
Findings—1984 c 102: "The legislature finds that the emergency purchasing provisions of state law are being more liberally construed than the
legislature originally intended. Therefore, the legislature finds that it is necessary to clarify the law as it pertains to emergency purchases and to provide
a mechanism for legislative oversight." [1984 c 102 § 1.]
43.19.450
43.19.450 Supervisor of engineering and architecture—Qualifications—Appointment—Powers and
duties—Delegation of authority. The director of general
administration shall appoint and deputize an assistant director
to be known as the supervisor of engineering and architecture
who shall have charge and supervision of the division of
engineering and architecture. With the approval of the director, the supervisor may appoint and employ such assistants
and personnel as may be necessary to carry out the work of
the division.
No person shall be eligible for appointment as supervisor
of engineering and architecture unless he or she is licensed to
practice the profession of engineering or the profession of
architecture in the state of Washington and for the last five
years prior to his or her appointment has been licensed to
practice the profession of engineering or the profession of
architecture.
As used in this section, "state facilities" includes all state
buildings, related structures, and appurtenances constructed
for any elected state officials, institutions, departments,
boards, commissions, colleges, community colleges, except
the state universities, The Evergreen State College and
regional universities. "State facilities" does not include facilities owned by or used for operational purposes and con[Title 43 RCW—page 78]
structed for the department of transportation, department of
fish and wildlife, department of natural resources, or state
parks and recreation commission.
The director of general administration, through the division of engineering and architecture shall:
(1) Prepare cost estimates and technical information to
accompany the capital budget and prepare or contract for
plans and specifications for new construction and major
repairs and alterations to state facilities.
(2) Contract for professional architectural, engineering,
and related services for the design of new state facilities and
major repair or alterations to existing state facilities.
(3) Provide contract administration for new construction
and the repair and alteration of existing state facilities.
(4) In accordance with the public works laws, contract on
behalf of the state for the new construction and major repair
or alteration of state facilities.
The director may delegate any and all of the functions
under subsections (1) through (4) of this section to any
agency upon such terms and conditions as considered advisable.
The director may delegate the authority granted to the
department under *RCW 39.04.150 to any agency upon such
terms as considered advisable. [1994 c 264 § 15; 1988 c 36 §
14; 1982 c 98 § 3; 1981 c 136 § 63; 1979 c 141 § 45; 1965 c
8 § 43.19.450. Prior: 1959 c 301 § 4.]
*Reviser's note: RCW 39.04.150 was repealed by 2000 c 138 § 301.
Effective date—1981 c 136: See RCW 72.09.900.
43.19.455 Purchase of works of art—Procedure.
Except as provided under RCW 43.17.210, the Washington
state arts commission shall determine the amount to be made
available for the purchase of art under RCW 43.17.200 in
consultation with the director of general administration, and
payments therefor shall be made in accordance with law. The
designation of projects and sites, selection, contracting, purchase, commissioning, reviewing of design, execution and
placement, acceptance, maintenance, and sale, exchange, or
disposition of works of art shall be the responsibility of the
Washington state arts commission in consultation with the
director of general administration. However, the costs to
carry out the Washington state arts commission's responsibility for maintenance shall not be funded from the moneys
referred to under this section, RCW 43.17.200, 28A.335.210,
or 28B.10.025, but shall be contingent upon adequate appropriations being made for that purpose. [1990 c 33 § 576;
1983 c 204 § 6; 1974 ex.s. c 176 § 3.]
43.19.455
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1983 c 204: See note following RCW 43.46.090.
Acquisition of works of art for public buildings and lands—Visual arts program established: RCW 43.46.090.
Allocation of moneys for acquisition of works of art—Expenditure by arts
commission—Conditions: RCW 43.17.200.
State art collection: RCW 43.46.095.
43.19.500 General administration services account—
Use. The general administration services account shall be
used by the department of general administration for the payment of certain costs, expenses, and charges, as specified in
this section, incurred by it in the operation and administration
43.19.500
(2004 Ed.)
Department of General Administration
of the department in the rendering of services, the furnishing
or supplying of equipment, supplies and materials, and for
providing or allocating facilities, including the operation,
maintenance, rehabilitation, or furnishings thereof to other
agencies, offices, departments, activities, and other entities
enumerated in RCW 43.01.090 and including the rendering
of services in acquiring real estate under RCW 43.82.010 and
the operation and maintenance of nonassigned public spaces
in Thurston county. The department shall treat the rendering
of services in acquiring real estate and the operation and
maintenance of nonassigned public spaces as separate operating entities within the account for financial accounting and
control.
The schedule of services, facilities, equipment, supplies,
materials, maintenance, rehabilitation, furnishings, operations, and administration to be so financed and recovered
shall be determined jointly by the director of general administration and the director of financial management, in equitable amounts which, together with any other income or appropriation, will provide the department of general administration with funds to meet its anticipated expenditures during
any allotment period.
The director of general administration may adopt rules
governing the provisions of RCW 43.01.090 and this section
and the relationships and procedures between the department
of general administration and such other entities. [1998 c 105
§ 9; 1994 c 219 § 17; 1982 c 41 § 2; 1979 c 151 § 101; 1971
ex.s. c 159 § 2.]
Effective date—1998 c 105: See note following RCW 43.19.025.
Findings—Purpose—1994 c 219: See note following RCW
43.01.090.
Finding—1994 c 219: See note following RCW 43.88.030.
Effective dates—1982 c 41: See note following RCW 43.82.010.
Agricultural commodity commissions exempt: RCW 15.04.200.
General administration services account—Approval of certain changes
required: RCW 43.88.350.
43.19.501
43.19.501 Thurston county capital facilities account.
The Thurston county capital facilities account is created in
the state treasury. The account is subject to the appropriation
and allotment procedures under chapter 43.88 RCW. Moneys
in the account may be expended for capital projects in facilities owned and managed by the department of general administration in Thurston county. [1994 c 219 § 18.]
Findings—Purpose—1994 c 219: See note following RCW
43.01.090.
Finding—1994 c 219: See note following RCW 43.88.030.
43.19.520
43.19.520 Purchase of products and services from
entities serving or providing opportunities for disadvantaged or disabled persons—Intent. It is the intent of the
legislature to encourage state agencies and departments to
purchase products and/or services manufactured or provided
by:
(1) Community rehabilitation programs of the department of social and health services which operate facilities
serving disadvantaged persons and persons with disabilities
and have achieved or consistently make progress towards the
goal of enhancing opportunities for disadvantaged persons
and persons with disabilities to maximize their opportunities
(2004 Ed.)
43.19.530
for employment and career advancement, and increase the
number employed and their wages; and
(2) Until December 31, 2007, businesses owned and
operated by persons with disabilities that have achieved or
consistently make progress towards the goal of enhancing
opportunities for disadvantaged persons and persons with
disabilities to maximize their opportunities for employment
and career advancement, and increase the number employed
and their wages. [2003 c 136 § 1; 1974 ex.s. c 40 § 1.]
43.19.525
43.19.525 Purchases from entities serving or providing opportunities for disadvantaged or disabled persons—Definitions. The definitions in this section apply
throughout RCW 43.19.520 through 43.19.530 unless the
context clearly requires otherwise.
(1) "Businesses owned and operated by persons with disabilities" means any for-profit business certified under chapter 39.19 RCW as being owned and controlled by persons
who have been either:
(a) Determined by the department of social and health
services to have a developmental disability, as defined in
RCW 71A.10.020;
(b) Determined by an agency established under Title I of
the federal vocational rehabilitation act to be or have been eligible for vocational rehabilitation services;
(c) Determined by the federal social security administration to be or have been eligible for either social security disability insurance or supplemental security income; or
(d) Determined by the United States department of veterans affairs to be or have been eligible for vocational rehabilitation services due to service-connected disabilities, under 38
U.S.C. Sec. 3100 et seq.
(2) "Community rehabilitation programs of the department of social and health services" means any entity that:
(a) Is registered as a nonprofit corporation with the secretary of state; and
(b) Is recognized by the department of social and health
services, division of vocational rehabilitation as eligible to do
business as a community rehabilitation program.
(3) "Vendor in good standing" means a business owned
and operated by persons with disabilities or a community
rehabilitation program, that has been determined under RCW
43.19.531 and 50.40.065 to meet the following criteria:
(a) Has not been in material breach of any quality or performance provision of any contract for the purchase of goods
or services during the past thirty-six months; and
(b) Has achieved, or continues to work towards, the goal
of enhancing opportunities for disadvantaged persons and
persons with disabilities to maximize their opportunities for
employment and career advancement, and increase the number employed and their wages, as determined by the governor's committee on disability issues and employment. [2003
c 136 § 2; 1974 ex.s. c 40 § 2.]
43.19.530
43.19.530 Purchases from entities serving or providing opportunities for disadvantaged or disabled persons—Authorized—Fair market price. The state agencies
and departments are hereby authorized to purchase products
and/or services manufactured or provided by:
[Title 43 RCW—page 79]
43.19.531
Title 43 RCW: State Government—Executive
(1) Community rehabilitation programs of the department of social and health services; and
(2) Until December 31, 2007, businesses owned and
operated by persons with disabilities.
Such purchases shall be at the fair market price of such
products and services as determined by the division of purchasing of the department of general administration. To
determine the fair market price the division shall use the last
comparable bid on the products and/or services or in the alternative the last price paid for the products and/or services.
The increased cost of labor, materials, and other documented
costs since the last comparable bid or the last price paid are
additional cost factors which shall be considered in determining fair market price. Upon the establishment of the fair market price as provided for in this section the division is hereby
empowered to negotiate directly for the purchase of products
or services with officials in charge of the community rehabilitation programs of the department of social and health services and, until December 31, 2007, businesses owned and
operated by persons with disabilities. [2003 c 136 § 3; 1977
ex.s. c 10 § 2; 1974 ex.s. c 40 § 3.]
43.19.531
43.19.531 Purchases from entities serving or providing opportunities for disadvantaged or disabled persons—Vendors in good standing—Notice to purchasing
agents—Notice to vendors—Reports. (Expires December
31, 2007.) (1) The department of general administration shall
identify in the department's vendor registry all vendors in
good standing, as defined in RCW 43.19.525.
(2) The department of general administration shall annually, but no less often than once every fifteen months:
(a) Request that vendors in good standing update their
information in the department's vendor registry including but
not limited to the Washington state commodity codes for
products and services that the vendors propose to offer to
state agencies during at least the subsequent fifteen-month
period;
(b) Disseminate the information obtained in response to
the request made pursuant to (a) of this subsection to at least
one purchasing official in each state agency; and
(c) Notify each vendor in good standing of all contracts
for the purchase of goods and services by state agencies with
respect to which the department of general administration
anticipates either renewing or requesting bids or proposals
within at least twelve months of the date of the notice.
(3) The department of general administration and the
governor's committee on disability issues and employment
shall jointly prepare and, on or before December 31, 2006,
issue a report to the governor and the legislature. The report
shall describe the activities authorized or required by chapter
136, Laws of 2003, and their effect on enhancing opportunities for disadvantaged persons and persons with disabilities to
maximize their opportunities for employment and career
advancement, and increase the number employed and their
wages.
(4) This section expires December 31, 2007. [2003 c
136 § 4.]
43.19.533
43.19.533 Purchases from entities serving or providing opportunities for disadvantaged or disabled per[Title 43 RCW—page 80]
sons—Existing contracts not impaired—Solicitation of
vendors in good standing. (1) Nothing in chapter 136, Laws
of 2003 requires any state agency to take any action that
interferes with or impairs an existing contract between any
state agency and any other party, including but not limited to
any other state agency.
(2) Until December 31, 2007, except as provided under
RCW 43.19.1906(2) for purchases up to three thousand dollars, RCW 43.19.534, and subsection (1) of this section, a
state agency shall not purchase any product or service identified in the notice most recently disseminated by the department of general administration, as provided under RCW
43.19.531(2)(b), from other than a vendor in good standing
until the state agency has included in the solicitation process
at least one vendor in good standing supplying the goods or
service needed by the agency, unless no vendor in good
standing supplying the goods or service needed by the agency
is available. [2003 c 136 § 5.]
43.19.534
43.19.534 Purchase of articles or products from
inmate work programs—Replacement of goods and services obtained from outside the state—Rules. State agencies, the legislature, and departments shall purchase for their
use all goods and services required by the legislature, agencies, or departments that are produced or provided in whole
or in part from class II inmate work programs operated by the
department of corrections through state contract. These
goods and services shall not be purchased from any other
source unless, upon application by the department or agency:
(1) The department of general administration finds that the
articles or products do not meet the reasonable requirements
of the agency or department, (2) are not of equal or better
quality, or (3) the price of the product or service is higher
than that produced by the private sector. However, the criteria
contained in (1), (2), and (3) of this section for purchasing
goods and services from sources other than correctional
industries do not apply to goods and services produced by
correctional industries that primarily replace goods manufactured or services obtained from outside the state. The department of corrections and department of general administration
shall adopt administrative rules that implement this section.
[1993 sp.s. c 20 § 1; 1986 c 94 § 2.]
Severability—1993 sp.s. c 20: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1993 sp.s. c 20 § 9.]
43.19.535
43.19.535 Purchase of goods and services from
inmate work programs. Any person, firm, or organization
which makes any bid to provide any goods or any services to
any state agency shall be granted a preference over other bidders if (1) the goods or services have been or will be produced
or provided in whole or in part by an inmate work program of
the department of corrections and (2) an amount equal to at
least fifteen percent of the total bid amount has been paid or
will be paid by the person, firm, or organization to inmates as
wages. The preference provided under this section shall be
equal to ten percent of the total bid amount. [1981 c 136 §
15.]
Effective date—1981 c 136: See RCW 72.09.900.
(2004 Ed.)
Department of General Administration
43.19.536
43.19.536 Contracts subject to requirements established under office of minority and women's business
enterprises. All contracts entered into and purchases made,
including leasing or renting, under this chapter on or after
September 1, 1983, are subject to the requirements established under chapter 39.19 RCW. [1983 c 120 § 13.]
Effective date—Applicability—Severability—Conflict with federal
requirements—1983 c 120: See RCW 39.19.910, 39.19.920.
43.19.538
43.19.538 Purchase of products containing recycled
material—Preference—Specifications and rules—
Review. (1) The director of general administration, through
the state purchasing director, shall develop specifications and
adopt rules for the purchase of products which will provide
for preferential purchase of products containing recycled
material by:
(a) The use of a weighting factor determined by the
amount of recycled material in a product, where appropriate
and known in advance to potential bidders, to determine the
lowest responsible bidder. The actual dollars bid shall be the
contracted amount. If the department determines, according
to criteria established by rule that the use of this weighting
factor does not encourage the use of more recycled material,
the department shall consider and award bids without regard
to the weighting factor. In making this determination, the
department shall consider but not be limited to such factors as
adequate competition, economics or environmental constraints, quality, and availability.
(b) Requiring a written statement of the percentage range
of recycled content from the bidder providing products containing recycled [material]. The range may be stated in five
percent increments.
(2) The director shall develop a directory of businesses
that supply products containing significant quantities of recycled materials. This directory may be combined with and
made accessible through the data base of recycled content
products to be developed under RCW 43.19A.060.
(3) The director shall encourage all parties using the state
purchasing office to purchase products containing recycled
materials.
(4) The rules, specifications, and bid evaluation shall be
consistent with recycled content standards adopted under
RCW 43.19A.020. [1991 c 297 § 5; 1988 c 175 § 2; 1987 c
505 § 26; 1982 c 61 § 2.]
Captions not law—1991 c 297: See RCW 43.19A.900.
Effective date—1988 c 175: "This act shall take effect July 1, 1988."
[1988 c 175 § 4.]
Recycled product procurement: Chapter 43.19A RCW.
State purchasing and material control director: RCW 43.19.180.
43.19.558
43.19.558 Motor vehicle management programs—
Costs.
Reviser's note: RCW 43.19.558 was amended by 1998 c 105 § 10
without reference to its repeal by 1998 c 111 § 1. It has been decodified for
publication purposes under RCW 1.12.025.
43.19.560
43.19.560 Motor vehicle transportation service—
Definitions. As used in RCW 43.19.565 through 43.19.635,
43.41.130 and 43.41.140, the following definitions shall
apply:
(2004 Ed.)
43.19.565
(1) "Passenger motor vehicle" means any sedan, station
wagon, bus, or light truck which is designed for carrying ten
passengers or less and is used primarily for the transportation
of persons;
(2) "State agency" shall include any state office, agency,
commission, department, or institution financed in whole or
in part from funds appropriated by the legislature. It shall also
include the Washington state school director's association
and the state printer, but it shall not include (a) the state
supreme court or any agency of the judicial branch or (b) the
legislature or any of its statutory, standing, special, or interim
committees, other than at the option of the judicial or legislative agency or committee concerned;
(3) "Employee commuting" shall mean travel by a state
officer or employee to or from his or her official residence or
other domicile to or from his or her official duty station or
other place of work;
(4) "Motor vehicle transportation services" shall include
but not be limited to the furnishing of motor vehicles for the
transportation of persons or property, with or without drivers,
and may also include furnishing of maintenance, storage, and
other support services to state agencies for the conduct of
official state business. [1983 c 187 § 3; 1975 1st ex.s. c 167
§ 2.]
Effective date—1983 c 187: See RCW 28A.345.902.
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
Power to appoint or employ personnel does not include power to provide
state owned or leased vehicle: RCW 43.01.150.
43.19.565
43.19.565 Motor vehicle transportation service—
Powers and duties. The department of general administration shall establish a motor vehicle transportation service
which is hereby empowered to:
(1) Provide suitable motor vehicle transportation services to any state agency on either a temporary or permanent
basis upon requisition from a state agency and upon such
demonstration of need as the department may require;
(2) Provide motor pools for the use of state agencies
located in the Olympia and Seattle areas and such additional
motor pools at other locations in the state as may be necessary to provide economic, efficient, and effective motor vehicle transportation services to state agencies. Such additional
motor pools may be under either the direct control of the
department or under the supervision of another state agency
by agreement with the department;
(3) Establish an equitable schedule of rental and mileage
charges to agencies for motor vehicle transportation services
furnished which shall be designed to provide funds to cover
replacement of vehicles and to recover the actual total costs
of motor pool operations including but not limited to vehicle
operation expense, depreciation expense, overhead, and nonrecoverable collision or other damage to vehicles. Additions
to capital such as the purchase of additional vehicles shall be
budgeted and purchased from funds appropriated for such
purposes under such procedures as may be provided by law;
and
(4) Establish guidelines, procedures, and standards for
fleet operations that other state agencies and institutions of
higher education may adopt. The guidelines, procedures, and
standards shall be consistent with and carry out the objectives
[Title 43 RCW—page 81]
43.19.570
Title 43 RCW: State Government—Executive
of any general policies adopted by the office of financial
management under RCW 43.41.130. [1998 c 111 § 3; 1975
1st ex.s. c 167 § 3.]
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.570 Motor vehicle transportation service—
Responsibilities—Agreements with other agencies—
Alternative fuels and clean technologies. (1) The department shall direct and be responsible for the acquisition, operation, maintenance, storage, repair, and replacement of state
motor vehicles under its control. The department shall utilize
state facilities available for the maintenance, repair, and storage of such motor vehicles, and may provide directly or by
contract for the maintenance, repair, and servicing of all
motor vehicles, and other property related thereto and under
its control.
(2) The department may arrange, by agreement with
agencies, for the utilization by one of the storage, repair, or
maintenance facilities of another, with such provision for
charges and credits as may be agreed upon. The department
may acquire and maintain storage, repair, and maintenance
facilities for the motor vehicles under its control from such
funds as may be appropriated by the legislature.
(3)(a) The legislature finds that a clean environment is
important and that global warming effects may be offset by
decreasing the emissions of harmful compounds from motor
vehicles. The legislature further finds that the state is in a
position to set an example of large scale use of alternative
fuels in motor vehicles and other clean technologies.
(b) The department shall consider the use of state vehicles to conduct field tests on alternative fuels in areas where
air pollution constraints may be eased by these optional fuels.
These fuels should include but are not limited to gas-powered
and electric-powered vehicles.
(c) For planned purchases of vehicles using alternative
fuels, the department and other state agencies shall explore
opportunities to purchase these vehicles together with the
federal government, agencies of other states, other Washington state agencies, local governments, or private organizations for less cost. All state agencies must investigate and
determine whether or not they can make clean technologies
more cost-effective by combining their purchasing power
before completing a planned vehicle purchase. [2002 c 285 §
2; 1989 c 113 § 1; 1982 c 163 § 11; 1975 1st ex.s. c 167 § 4.]
43.19.570
Severability—Effective date—1982 c 163: See notes following RCW
2.10.052.
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
Alternative fuels: RCW 43.41.130.
43.19.575 Passenger motor vehicles owned or operated by state agencies—Duty of the office of financial
management to establish policies as to acquisition, operation, authorized use, etc. See RCW 43.41.130.
43.19.575
43.19.585 Motor vehicle transportation service—
Supervisor of motor transport—Powers and duties. The
director of general administration shall appoint a supervisor
of motor transport, who shall have general charge and supervision of state motor pools and motor vehicle transportation
43.19.585
[Title 43 RCW—page 82]
services under departmental administration and control. The
appointment of all personnel, except the supervisor, shall be
made pursuant to chapter 41.06 RCW, the state civil service
law, as now or hereafter amended.
With the approval of the director, the supervisor shall (1)
appoint and employ such assistants and personnel as may be
necessary, (2) acquire by purchase or otherwise a sufficient
number of motor vehicles to fulfill state agency needs for
motor vehicle transportation service, (3) provide for necessary storage, upkeep, and repair, and (4) provide for servicing
motor pool vehicles with fuel, lubricants, and other operating
requirements. [1975 1st ex.s. c 167 § 7.]
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.590
43.19.590 Motor vehicle transportation service—
Transfer of employees—Retention of employment rights.
All employees of any state agency who are employed exclusively or principally in performing the powers, duties, and
functions transferred pursuant to RCW 43.19.595 through
43.19.610 to the department of general administration shall,
upon such transfer to employment with the department of
general administration, continue to be governed by the provisions of chapter 41.06 RCW, the state civil service law, as
now or hereafter amended, and shall automatically retain
their permanent or probationary status together with all
rights, privileges, and immunities attaching thereto. [1975
1st ex.s. c 167 § 8.]
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.595
43.19.595 Motor vehicle transportation service—
Transfer of motor vehicles, property, etc., from motor
pool to department. All passenger motor vehicles, property,
facilities, equipment, credits, funds, and all other assets and
obligations of the automobile pool and pertaining to passenger motor vehicles currently operated by the department of
highways and funded by that portion of the highway equipment fund known as "District No. 8 (Motor Pool)" shall be
transferred to the department of general administration on
July 1, 1975. The director of general administration may
accept such property prior thereto if he deems it expedient to
accomplish an orderly transition. [1975 1st ex.s. c 167 § 9.]
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.600
43.19.600 Motor vehicle transportation service—
Transfer of passenger motor vehicles to department from
other agencies—Studies. (1) On or after July 1, 1975, any
passenger motor vehicles currently owned or hereafter
acquired by any state agency, except vehicles acquired from
federal granted funds and over which the federal government
retains jurisdiction and control, may be purchased by or
transferred to the department of general administration with
the consent of the state agency concerned. The director of
general administration may accept vehicles subject to the
provisions of RCW 43.19.560 through 43.19.630, 43.41.130
and 43.41.140 prior to July 1, 1975, if he deems it expedient
to accomplish an orderly transition.
(2) The department, in cooperation with the office of
financial management, shall study and ascertain current and
(2004 Ed.)
Department of General Administration
prospective needs of state agencies for passenger motor vehicles and shall recommend transfer to a state motor pool or
other appropriate disposition of any vehicle found not to be
required by a state agency.
(3) The department shall direct the transfer of passenger
motor vehicles from a state agency to a state motor pool or
other disposition as appropriate, based on a study under subsection (2) of this section, or after a public hearing held by the
department, if a finding is made based on testimony and data
therein submitted that the economy, efficiency, or effectiveness of state government would be improved by such a transfer or other disposition of passenger motor vehicles. Any dispute over the accuracy of testimony and data submitted as to
the benefits in state governmental economy, efficiency, and
effectiveness to be gained by such transfer shall be resolved
by the governor or the governor's designee. [1982 c 163 § 12;
1979 c 151 § 102; 1975 1st ex.s. c 167 § 10.]
Severability—Effective date—1982 c 163: See notes following RCW
2.10.052.
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.605
43.19.605 Motor vehicle transportation service—
Reimbursement for property transferred—Credits—
Accounting—Disputes. No cash reimbursement shall be
made to agencies for property transferred under RCW
43.19.600 to the extent that such property was originally
acquired without cost or was purchased from general fund
appropriations. The value of such property shall be entered
upon the accounts of the general administration services
account as an amount due the agency from which the vehicle
was transferred. For such property purchased from dedicated,
revolving, or trust funds, the value at the time of transfer shall
also be entered upon the accounts of the general administration services account as an amount due the agency and fund
from which the vehicle transferred was purchased and maintained. If surplus funds associated with motor vehicle transportation services are available in the general administration
services account, the agency may be paid all or part of the
amount due to the dedicated, revolving, or trust fund concerned. Otherwise, the credit for the amount due shall be
applied proportionately over the remaining undepreciated life
of such property. The prorated credits shall be applied
monthly by the director of general administration against any
monthly or other charges for motor vehicle transportation
services rendered the agency.
To the extent surplus funds associated with motor vehicle transportation services are available in the general administration services account, the director of general administration may direct a cash reimbursement to a dedicated, revolving, or trust fund where an amount due such a fund will not be
charged off to services rendered by the department of general
administration within a reasonable time.
Any disagreement between the supervisor of motor
transport and an agency as to the amount of reimbursement to
which it may be entitled shall be resolved by the director of
general administration. [1998 c 105 § 11; 1989 c 57 § 6; 1975
1st ex.s. c 167 § 11.]
Effective date—1998 c 105: See note following RCW 43.19.025.
Effective date—1989 c 57: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov(2004 Ed.)
43.19.620
ernment and its existing public institutions, and shall take effect July 1,
1989." [1989 c 57 § 11.]
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.610 General administration services account—
Sources—Disbursements. All moneys, funds, proceeds,
and receipts as provided in RCW 43.19.615 and as may otherwise be provided by law shall be paid into the general
administration services account. Disbursements therefrom
shall be made in accordance with the provisions of RCW
43.19.560 through 43.19.630, 43.41.130 and 43.41.140 as
authorized by the director or a duly authorized representative
and as may be provided by law. [1998 c 105 § 12; 1991 sp.s.
c 13 § 35; 1986 c 312 § 902. Prior: 1985 c 405 § 507; 1985 c
57 § 28; 1975 1st ex.s. c 167 § 12.]
43.19.610
Effective date—1998 c 105: See note following RCW 43.19.025.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1986 c 312: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 312 § 905.]
Severability—1985 c 405: See note following RCW 9.46.100.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.615 Motor vehicle transportation service—
Deposits—Disbursements. The director of general administration shall deposit in the general administration services
account all receipts, including the initial transfer of automobile pool capital from the highway equipment fund and any
other funds transferred, rentals or other fees and charges for
transportation services furnished, proceeds from the sale of
surplus or replaced property under the control of the supervisor of motor transport and other income, and from which
shall be paid operating costs, including salaries and wages,
administrative expense, overhead, the cost of replacement
vehicles, additional passenger vehicles authorized pursuant
to RCW 43.19.565, and any other expenses. If it is necessary
at any time for the department to request any appropriation
from the general fund or various dedicated, revolving, or trust
funds to purchase additional vehicles, any appropriation
therefor may provide that such advance shall be repaid
together with reasonable interest from surpluses of the general administration services account. [1998 c 105 § 13; 1975
1st ex.s. c 167 § 13.]
43.19.615
Effective date—1998 c 105: See note following RCW 43.19.025.
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.620 Motor vehicle transportation service—
Rules and regulations. The director of general administration, through the supervisor of motor transport, shall adopt,
promulgate, and enforce such regulations as may be deemed
necessary to accomplish the purpose of RCW 43.19.560
through 43.19.630, 43.41.130, and 43.41.140. Such regulations, in addition to other matters, shall provide authority for
any agency director or his delegate to approve the use on official state business of personally owned or commercially
owned rental passenger motor vehicles. Before such an
43.19.620
[Title 43 RCW—page 83]
43.19.625
Title 43 RCW: State Government—Executive
authorization is made, it must first be reasonably determined
that state owned passenger vehicles or other suitable transportation is not available at the time or location required or
that the use of such other transportation would not be conducive to the economical, efficient, and effective conduct of
business.
Such regulations shall be consistent with and shall carry
out the objectives of the general policies and guidelines
adopted by the office of financial management pursuant to
RCW 43.41.130. [1989 c 57 § 7; 1979 c 151 § 103; 1975 1st
ex.s. c 167 § 14.]
Effective date—1989 c 57: See note following RCW 43.19.605.
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.625
43.19.625 Employee commuting in state owned or
leased vehicle—Policies and regulations. See RCW
43.41.140.
43.19.630
43.19.630 Motor vehicle transportation service—Use
of personal motor vehicle. RCW 43.19.560 through
43.19.620, 43.41.130, and 43.41.140 shall not be construed to
prohibit a state officer or employee from using his personal
motor vehicle on state business and being reimbursed therefor, where permitted under state travel policies, rules, and
regulations promulgated by the office of financial management, and where such use is in the interest of economic, efficient, and effective management and performance of official
state business. [1989 c 57 § 8; 1979 c 151 § 104; 1975 1st
ex.s. c 167 § 16.]
Effective date—1989 c 57: See note following RCW 43.19.605.
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.635
43.19.635 Motor vehicle transportation service—
Unauthorized use of state vehicles—Procedure—Disciplinary action. (1) The governor, acting through the department of general administration and any other appropriate
agency or agencies as he may direct, is empowered to utilize
all reasonable means for detecting the unauthorized use of
state owned motor vehicles, including the execution of agreements with the state patrol for compliance enforcement.
Whenever such illegal use is discovered which involves a
state employee, the employing agency shall proceed as provided by law to establish the amount, extent, and dollar value
of any such use, including an opportunity for notice and hearing for the employee involved. When such illegal use is so
established, the agency shall assess its full cost of any mileage illegally used and shall recover such amounts by deductions from salary or allowances due to be paid to the offending official or employee by other means. Recovery of costs
by the state under this subsection shall not preclude disciplinary or other action by the appropriate appointing authority or
employing agency under subsection (2) of this section.
(2) Any wilful and knowing violation of any provision of
RCW 43.19.560 through 43.19.620, 43.41.130 and 43.41.140
shall subject the state official or employee committing such
violation to disciplinary action by the appropriate appointing
or employing agency. Such disciplinary action may include,
[Title 43 RCW—page 84]
but shall not be limited to, suspension without pay, or termination of employment in the case of repeated violations.
(3) Any casual or inadvertent violation of RCW
43.19.560 through 43.19.620, 43.41.130 and 43.41.140 may
subject the state official or employee committing such violation to disciplinary action by the appropriate appointing
authority or employing agency. Such disciplinary action may
include, but need not be limited to, suspension without pay.
[1975 1st ex.s. c 167 § 17.]
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.19.637 Clean-fuel vehicles—Purchasing requirements. (1) At least thirty percent of all new vehicles purchased through a state contract shall be clean-fuel vehicles.
(2) The percentage of clean-fuel vehicles purchased
through a state contract shall increase at the rate of five percent each year.
(3) In meeting the procurement requirement established
in this section, preference shall be given to vehicles designed
to operate exclusively on clean fuels. In the event that vehicles designed to operate exclusively on clean fuels are not
available or would not meet the operational requirements for
which a vehicle is to be procured, conventionally powered
vehicles may be converted to clean fuel or dual fuel use to
meet the requirements of this section.
(4) Fuel purchased through a state contract shall be a
clean fuel when the fuel is purchased for the operation of a
clean-fuel vehicle.
(5)(a) Weight classes are established by the following
motor vehicle types:
(i) Passenger cars;
(ii) Light duty trucks, trucks with a gross vehicle weight
rating by the vehicle manufacturer of less than eight thousand
five hundred pounds;
(iii) Heavy duty trucks, trucks with a gross vehicle
weight rating by the vehicle manufacturer of eight thousand
five hundred pounds or more.
(b) This subsection does not place an obligation upon the
state or its political subdivisions to purchase vehicles in any
number or weight class other than to meet the percent procurement requirement.
(6) The provisions for purchasing clean-fuel vehicles
under subsections (1) and (2) of this section are intended as
minimum levels. The department should seek to increase the
purchasing levels of clean-fuel vehicles above the minimum.
The department must also investigate all opportunities to
aggregate their purchasing with local governments to determine whether or not they can lower their costs and make it
cost-efficient to increase the percentage of clean-fuel or high
gas mileage vehicles in both the state and local fleets.
(7) For the purposes of this section, "clean fuels" and
"clean-fuel vehicles" shall be those fuels and vehicles meeting the specifications provided for in RCW 70.120.210.
[2002 c 285 § 3; 1991 c 199 § 213.]
43.19.637
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
43.19.642 Diesel-powered vehicles and equipment—
Biodiesel fuel blends. (1) All state agencies are encouraged
43.19.642
(2004 Ed.)
Department of General Administration
to use a fuel blend of twenty percent biodiesel and eighty percent petroleum diesel for use in diesel-powered vehicles and
equipment.
(2) Effective June 1, 2006, for agencies complying with
the ultra-low sulfur diesel mandate of the United States environmental protection agency for on-highway diesel fuel,
agencies shall use biodiesel as an additive to ultra-low sulfur
diesel for lubricity, provided that the use of a lubricity additive is warranted and that the use of biodiesel is comparable
in performance and cost with other available lubricity additives. The amount of biodiesel added to the ultra-low sulfur
diesel fuel shall be not less than two percent. [2003 c 17 § 2.]
Findings—2003 c 17: "The legislature recognizes that:
(1) Biodiesel is less polluting than petroleum diesel;
(2) Using biodiesel in neat form or blended with petroleum diesel significantly reduces air toxics and cancer-causing compounds as well as the
soot associated with petroleum diesel exhaust;
(3) Biodiesel degrades much faster than petroleum diesel;
(4) Biodiesel is less toxic than petroleum fuels;
(5) The United States environmental protection agency's new emission
standards for petroleum diesel that take effect June 1, 2006, will require the
addition of a lubricant to ultra-low sulfur diesel to counteract premature wear
of injection pumps;
(6) Biodiesel provides the needed lubricity to ultra-low sulfur diesel;
(7) Biodiesel use in state-owned diesel-powered vehicles provides a
means for the state to comply with the alternative fuel vehicle purchase
requirements of the energy policy act of 1992, P.L. 102-486; and
(8) The state is in a position to set an example of large scale use of
biodiesel in diesel-powered vehicles and equipment." [2003 c 17 § 1.]
43.19.643
43.19.643 Diesel-powered vehicles and equipment—
Biodiesel fuel blends—Definitions. The definitions in this
section apply throughout RCW 43.19.642 unless the context
clearly requires otherwise.
(1) "Biodiesel" means a mono alkyl ester of long chain
fatty acids derived from vegetable oils or animal fats for use
in compression-ignition engines and that meets the requirements of the American society of testing and materials specification D 6751 in effect as of January 1, 2003.
(2) "Ultra-low sulfur diesel" means petroleum diesel in
which the sulfur content is not more than thirty parts per million. [2003 c 17 § 3.]
Findings—2003 c 17: See note following RCW 43.19.642.
43.19.651
43.19.651 Fuel cells and renewable or alternative
energy sources. (1) When planning for the capital construction or renovation of a state facility, state agencies shall consider the utilization of fuel cells and renewable or alternative
energy sources as a primary source of power for applications
that require an uninterruptible power source.
(2) When planning the purchase of back-up or emergency power systems and remote power systems, state agencies shall consider the utilization of fuel cells and renewable
or alternative energy sources instead of batteries or internal
combustion engines.
(3) The director of general administration shall develop
criteria by which state agencies can identify, evaluate, and
develop potential fuel cell applications at state facilities.
(4) For the purposes of this section, "fuel cell" means an
electrochemical reaction that generates electric energy by
combining atoms of hydrogen and oxygen in the presence of
a catalyst. [2003 c 340 § 1.]
(2004 Ed.)
43.19.669
43.19.663
43.19.663 Clean technologies—Purchase. (1) The
department of general administration, in cooperation with
public agencies, shall investigate opportunities to aggregate
the purchase of clean technologies with other public agencies
to determine whether or not combined purchasing can reduce
the unit cost of clean technologies.
(2) State agencies that are retail electric customers shall
investigate opportunities to aggregate the purchase of electricity produced from generation resources that are fueled by
wind or solar energy for their facilities located within a single
utility's service area, to determine whether or not combined
purchasing can reduce the unit cost of those resources.
(3) No public agency is required under this section to
purchase clean technologies at prohibitive costs.
(4)(a) "Electric utility" shall have the same meaning as
provided under RCW 19.29A.010.
(b) "Clean technology" includes, but may not be limited
to, alternative fueled hybrid-electric and fuel cell vehicles,
and distributive power generation.
(c) "Distributive power generation" means the generation of electricity from an integrated or stand-alone power
plant that generates electricity from wind energy, solar
energy, or fuel cells.
(d) "Retail electric customer" shall have the same meaning as provided under RCW 19.29A.010.
(e) "Facility" means any building owned or leased by a
public agency. [2002 c 285 § 4.]
Reviser's note: 2002 c 285 directed that this section be added to chapter 39.35B RCW. This section has been codified in chapter 43.19 RCW,
which relates more directly to the purchasing authority of the department of
general administration.
43.19.668
43.19.668 Energy conservation—Legislative finding—Declaration. The legislature finds and declares that the
buildings, facilities, equipment, and vehicles owned or leased
by state government consume significant amounts of energy
and that energy conservation actions, including energy management systems, to provide for efficient energy use in these
buildings, facilities, equipment, and vehicles will reduce the
costs of state government. In order for the operations of state
government to provide the citizens of this state an example of
energy use efficiency, the legislature further finds and
declares that state government should undertake an aggressive program designed to reduce energy use in state buildings, facilities, equipment, and vehicles within a reasonable
period of time. The use of appropriate tree plantings for
energy conservation is encouraged as part of this program.
[2001 c 214 § 23; 1993 c 204 § 6; 1980 c 172 § 1.]
Severability—Effective date—2001 c 214: See notes following RCW
80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—1993 c 204: See note following RCW 35.92.390.
43.19.669
43.19.669 Energy conservation—Purpose. It is the
purpose of RCW 43.19.670 through 43.19.685 to require
energy audits in state-owned buildings, to require energy
audits as a lease condition in all new, renewed, and renegotiated leases of buildings by the state, to undertake such modifications and installations as are necessary to maximize the
efficient use of energy in these buildings, including but not
limited to energy management systems, and to establish a
[Title 43 RCW—page 85]
43.19.670
Title 43 RCW: State Government—Executive
policy for the purchase of state vehicles, equipment, and
materials which results in efficient energy use by the state.
For a building that is leased by the state, energy audits
and implementation of cost-effective energy conservation
measures are required only for that portion of the building
that is leased by the state when the state leases less than one
hundred percent of the building. When implementing costeffective energy conservation measures in buildings leased
by the state, those measures must generate savings sufficient
to finance the building modifications and installations over a
loan period not greater than ten years and allow repayment
during the term of the lease. [2001 c 214 § 24; 1980 c 172 §
2.]
Severability—Effective date—2001 c 214: See notes following RCW
80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
43.19.670
43.19.670 Energy conservation—Definitions. As
used in RCW 43.19.670 through 43.19.685, the following
terms have the meanings indicated unless the context clearly
requires otherwise.
(1) "Energy audit" means a determination of the energy
consumption characteristics of a facility which consists of the
following elements:
(a) An energy consumption survey which identifies the
type, amount, and rate of energy consumption of the facility
and its major energy systems. This survey shall be made by
the agency responsible for the facility.
(b) A walk-through survey which determines appropriate
energy conservation maintenance and operating procedures
and indicates the need, if any, for the acquisition and installation of energy conservation measures and energy management systems. This survey shall be made by the agency
responsible for the facility if it has technically qualified personnel available. The director of general administration shall
provide technically qualified personnel to the responsible
agency if necessary.
(c) An investment grade audit, which is an intensive
engineering analysis of energy conservation and management measures for the facility, net energy savings, and a costeffectiveness determination. This element is required only for
those facilities designated in the schedule adopted under
RCW 43.19.680(2).
(2) "Cost-effective energy conservation measures"
means energy conservation measures that the investment
grade audit concludes will generate savings sufficient to
finance project loans of not more than ten years.
(3) "Energy conservation measure" means an installation
or modification of an installation in a facility which is primarily intended to reduce energy consumption or allow the use
of an alternative energy source, including:
(a) Insulation of the facility structure and systems within
the facility;
(b) Storm windows and doors, multiglazed windows and
doors, heat absorbing or heat reflective glazed and coated
windows and door systems, additional glazing, reductions in
glass area, and other window and door system modifications;
(c) Automatic energy control systems;
(d) Equipment required to operate variable steam,
hydraulic, and ventilating systems adjusted by automatic
energy control systems;
[Title 43 RCW—page 86]
(e) Solar space heating or cooling systems, solar electric
generating systems, or any combination thereof;
(f) Solar water heating systems;
(g) Furnace or utility plant and distribution system modifications including replacement burners, furnaces, and boilers which substantially increase the energy efficiency of the
heating system; devices for modifying flue openings which
will increase the energy efficiency of the heating system;
electrical or mechanical furnace ignitions systems which
replace standing gas pilot lights; and utility plant system conversion measures including conversion of existing oil- and
gas-fired boiler installations to alternative energy sources;
(h) Caulking and weatherstripping;
(i) Replacement or modification of lighting fixtures
which increase the energy efficiency of the lighting system;
(j) Energy recovery systems;
(k) Energy management systems; and
(l) Such other measures as the director finds will save a
substantial amount of energy.
(4) "Energy conservation maintenance and operating
procedure" means modification or modifications in the maintenance and operations of a facility, and any installations
within the facility, which are designed to reduce energy consumption in the facility and which require no significant
expenditure of funds.
(5) "Energy management system" has the definition contained in RCW 39.35.030.
(6) "Energy savings performance contracting" means the
process authorized by chapter 39.35C RCW by which a company contracts with a state agency to conduct no-cost energy
audits, guarantee savings from energy efficiency, provide
financing for energy efficiency improvements, install or
implement energy efficiency improvements, and agree to be
paid for its investment solely from savings resulting from the
energy efficiency improvements installed or implemented.
(7) "Energy service company" means a company or contractor providing energy savings performance contracting
services.
(8) "Facility" means a building, a group of buildings
served by a central energy distribution system, or components of a central energy distribution system.
(9) "Implementation plan" means the annual tasks and
budget required to complete all acquisitions and installations
necessary to satisfy the recommendations of the energy audit.
[2001 c 214 § 25; 1982 c 48 § 1; 1980 c 172 § 3.]
Severability—Effective date—2001 c 214: See notes following RCW
80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
43.19.675
43.19.675 Energy audits of state-owned facilities
required—Completion dates. For each state-owned facility, the director of general administration, or the agency
responsible for the facility if other than the department of
general administration, shall conduct an energy audit of that
facility. This energy audit may be conducted by contract or
by other arrangement, including appropriate agency staff.
Performance-based contracting shall be the preferred method
for implementing and completing energy audits. For each
state-owned facility, the energy consumption surveys shall be
completed no later than October 1, 2001, and the walk(2004 Ed.)
Department of General Administration
through surveys shall be completed no later than July 1, 2002.
[2001 c 214 § 26; 1982 c 48 § 2; 1980 c 172 § 4.]
Severability—Effective date—2001 c 214: See notes following RCW
80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Energy audits of school district buildings: RCW 28A.320.330.
43.19.680
43.19.680 Implementation of energy conservation
and maintenance procedures after walk-through survey—Investment grade audit—Reports—Contracts with
energy service companies, staffing. (1) Upon completion
of each walk-through survey required by RCW 43.19.675,
the director of general administration or the agency responsible for the facility if other than the department of general
administration shall implement energy conservation maintenance and operation procedures that may be identified for any
state-owned facility. These procedures shall be implemented
as soon as possible but not later than twelve months after the
walk-through survey.
(2) If a walk-through survey has identified potentially
cost-effective energy conservation measures, the agency
responsible for the facility shall undertake an investment
grade audit of the facility. Investment grade audits shall be
completed no later than December 1, 2002. Installation of
cost-effective energy conservation measures recommended
in the investment grade audit shall be completed no later than
June 30, 2004.
(3) For each biennium until all measures are installed,
the director of general administration shall report to the governor and legislature installation progress, [and] measures
planned for installation during the ensuing biennium. This
report shall be submitted by December 31, 2004, or at the end
of the following year whichever immediately precedes the
capital budget adoption, and every two years thereafter until
all measures are installed.
(4) Agencies may contract with energy service companies as authorized by chapter 39.35C RCW for energy audits
and implementation of cost-effective energy conservation
measures. The department shall provide technically qualified
personnel to the responsible agency upon request. The
department shall recover a fee for this service. [2001 c 214 §
27; 1996 c 186 § 506; 1986 c 325 § 2; 1983 c 313 § 1; 1982 c
48 § 3; 1980 c 172 § 5.]
Severability—Effective date—2001 c 214: See notes following RCW
80.50.010.
43.19.704
43.19.685
43.19.685 Lease covenants, conditions, and terms to
be developed—Applicability. The director of general
administration shall develop lease covenants, conditions, and
terms which:
(1) Obligate the lessor to conduct or have conducted a
walk-through survey of the leased premises;
(2) Obligate the lessor to implement identified energy
conservation maintenance and operating procedures upon
completion of the walk-through survey; and
(3) Obligate the lessor to undertake technical assistance
studies and subsequent acquisition and installation of energy
conservation measures if the director of general administration, in accordance with rules adopted by the department,
determines that these studies and measures will both conserve energy and can be accomplished with a state funding
contribution limited to the savings which would result in utility expenses during the term of the lease.
These lease covenants, conditions, and terms shall be
incorporated into all specified new, renewed, and renegotiated leases executed on or after January 1, 1983. This section
applies to all leases under which state occupancy is at least
half of the facility space and includes an area greater than
three thousand square feet. [1982 c 48 § 4; 1980 c 172 § 6.]
43.19.700
43.19.700 In-state preference clauses—Finding—
Intent. The legislature finds that in-state preference clauses
used by other states in procuring goods and services have a
discriminatory effect against Washington vendors with
resulting harm to this state's revenues and the welfare of this
state's citizens. Chapter 183, Laws of 1983 is intended to promote fairness in state government procurement by requiring
that, when appropriate, Washington exercise reciprocity with
those states having in-state preferences, and it shall be liberally construed to that effect. [1983 c 183 § 1.]
43.19.702
43.19.702 List of statutes and regulations of each
state on state purchasing which grant preference to instate vendors. The director of general administration shall
compile a list of the statutes and regulations, relating to state
purchasing, of each state, which statutes and regulations the
director believes grant a preference to vendors located within
the state or goods manufactured within the state. At least
once every twelve months the director shall update the list.
[1983 c 183 § 2.]
43.19.704
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Findings—1986 c 325: See note following RCW 43.41.170.
Budgeting process—Guidelines to ensure agencies implementing energy
conservation retain cost savings: RCW 43.41.170.
43.19.682
43.19.682 Energy conservation to be included in
landscape objectives. The director of the department of general administration shall seek to further energy conservation
objectives among other landscape objectives in planting and
maintaining trees upon grounds administered by the department. [1993 c 204 § 9.]
Findings—1993 c 204: See note following RCW 35.92.390.
(2004 Ed.)
43.19.704 Rules for reciprocity in bidding. The director of general administration shall adopt and apply rules
designed to provide for some reciprocity in bidding between
Washington and those states having statutes or regulations on
the list under RCW 43.19.702. The director of general administration shall have broad discretionary power in developing
these rules and the rules shall provide for reciprocity only to
the extent and in those instances where the director considers
it appropriate. For the purpose of determining the lowest
responsible bidder pursuant to RCW 43.19.1911, such rules
shall (1) require the director to impose a reciprocity increase
on bids when appropriate under the rules and (2) establish
methods for determining the amount of the increase. In no
instance shall such increase, if any, be paid to a vendor whose
bid is accepted. [1983 c 183 § 3.]
[Title 43 RCW—page 87]
43.19.706
Title 43 RCW: State Government—Executive
43.19.706
43.19.706 Purchase of Washington agricultural
products—Report to the legislature. (1) The department of
general administration, through the state purchasing and
material control director, shall encourage each state and local
agency doing business with the department to purchase
Washington fruit, vegetables, and agricultural products when
available.
(2) The department of general administration shall work
with the department of agriculture and other interested parties
to identify and recommend strategies to increase public purchasing of Washington fruit, vegetables, and agricultural
products, and report back orally to the appropriate committees of the legislature in September 2002, and in January
2003. [2002 c 166 § 2.]
Findings—2002 c 166: "The legislature finds that state-produced agricultural products are of the highest quality, transported the least distance, and
are the freshest agricultural products available in Washington state. The legislature further finds that providing improved markets for the richly diversified agricultural commodities produced in Washington is needed to stabilize
and enhance the rural and agricultural economies in Washington." [2002 c
166 § 1.]
Effective date—2002 c 166: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 27, 2002]." [2002 c 166 § 3.]
43.19.710
43.19.710 Consolidated mail service—Definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this section and RCW
43.19.715.
(1) "Consolidated mail service" means incoming, outgoing, and internal mail processing.
(2) "Department" means the department of general
administration.
(3) "Director" means the director of the department of
general administration.
(4) "Agency" means:
(a) The office of the governor; and
(b) Any office, department, board, commission, or other
separate unit or division, however designated, of the state
government, together with all personnel thereof: Upon which
the statutes confer powers and impose duties in connection
with operations of either a governmental or proprietary
nature; and that has as its chief executive officer a person or
combination of persons such as a commission, board, or
council, by law empowered to operate it, responsible either
to: (i) No other public officer or (ii) the governor.
(5) "Incoming mail" means mail, packages, or similar
items received by an agency, through the United States postal
service, private carrier services, or other courier services.
(6) "Outgoing mail" means mail, packages, or similar
items processed for agencies to be sent through the United
States postal service, private carrier services, or other courier
services.
(7) "Internal mail" means interagency mail, packages, or
similar items that are delivered or to be delivered to a state
agency, the legislature, the supreme court, or the court of
appeals, and their officers and employees. [1993 c 219 § 2.]
Intent—1993 c 219: "It is the intent of the legislature to consolidate
mail functions for state government in a manner that will provide timely,
effective, efficient, and less-costly mail service for state government." [1993
c 219 § 1.]
[Title 43 RCW—page 88]
Effective date—1993 c 219: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 219 § 6.]
43.19.715
43.19.715 Consolidated mail service—Area served.
The director shall establish a consolidated mail service to
handle all incoming, outgoing, and internal mail in the 98504
zip code area or successor zip code areas for agencies in the
Olympia, Tumwater, and Lacey area. The director may
include additional geographic areas within the consolidated
mail service, based upon his or her determination. The
department shall also provide mail services to legislative and
judicial agencies in the Olympia, Tumwater, and Lacey area
upon request.
The director may bill state agencies and other entities
periodically for mail services rendered. [1993 c 219 § 3.]
Intent—Effective date—1993 c 219: See notes following RCW
43.19.710.
43.19.720
43.19.720 Consolidated mail service—Review needs
of state agencies. The department, in cooperation with the
office of financial management, shall review current and prospective needs of state agencies for any equipment to process
mail throughout state government. If after such consultation,
the department should find that the economy, efficiency, or
effectiveness of state government would be improved by
such a transfer or other disposition, then the property shall be
transferred or otherwise disposed.
After making such finding, the department shall direct
the transfer of existing state property, facilities, and equipment pertaining to the consolidated mail service or United
States postal service. Any dispute concerning the benefits in
state governmental economy, efficiency, and effectiveness
shall be resolved by the office of financial management.
[1993 c 219 § 5.]
Intent—Effective date—1993 c 219: See notes following RCW
43.19.710.
Chapter 43.19A RCW
RECYCLED PRODUCT PROCUREMENT
Chapter 43.19A
Sections
43.19A.005
43.19A.010
43.19A.020
43.19A.030
43.19A.040
43.19A.050
43.19A.060
43.19A.070
43.19A.080
43.19A.110
43.19A.900
Purpose.
Definitions.
Recycled product purchasing—Federal product standards.
Local government duties.
Local government adoption of preferential purchase policy
optional.
Strategy for state agency procurement.
Data base of products and vendors.
Education program—Product substitution list—Model procurement guidelines.
Bid notification to state recycled content requirements.
Local road projects—Compost products.
Captions not law—1991 c 297.
Recycled material products purchase: RCW 43.19.538.
43.19A.005
43.19A.005 Purpose. It is the purpose of this chapter
to:
(1) Substantially increase the procurement of recycled
content products by all local and state governmental agencies
and public schools, and provide a model to encourage a com(2004 Ed.)
Recycled Product Procurement
parable commitment by Washington state citizens and businesses in their purchasing practices;
(2) Target government procurement policies and goals
toward those recycled products for which there are significant market development needs or that may substantially
contribute to solutions to the state's waste management problem;
(3) Provide standards for recycled products for use in
procurement programs by all governmental agencies;
(4) Provide the authority for all governmental agencies
to adopt preferential purchasing policies for recycled products;
(5) Direct state agencies to develop strategies to increase
recycled product purchases, and to provide specific goals for
procurement of recycled paper products and organic recovered materials; and
(6) Provide guidance and direction for local governments and other public agencies to develop plans for increasing the procurement of recycled content products. [1991 c
297 § 1.]
43.19A.020
(13) "Recycled content product" or "recycled product"
means a product containing recycled materials.
(14) "Recycled materials" means waste materials and byproducts that have been recovered or diverted from solid
waste and that can be utilized in place of a raw or virgin material in manufacturing a product and consists of materials
derived from postconsumer waste, manufacturing waste,
industrial scrap, agricultural wastes, and other items, all of
which can be used in the manufacture of new or recycled
products.
(15) "Re-refined oils" means used lubricating oils from
which the physical and chemical contaminants acquired
through previous use have been removed through a refining
process. Re-refining may include distillation, hydrotreating,
or treatments employing acid, caustic, solvent, clay, or other
chemicals, or other physical treatments other than those used
in reclaiming.
(16) "USEPA product standards" means the product
standards of the United States environmental protection
agency for recycled content published in the code of federal
regulations. [1992 c 174 § 12; 1991 c 297 § 2.]
43.19A.010
43.19A.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Compost products" means mulch, soil amendments,
ground cover, or other landscaping material derived from the
biological or mechanical conversion of biosolids or cellulosecontaining waste materials.
(2) "Department" means the department of general
administration.
(3) "Director" means the director of the department of
general administration.
(4) "Local government" means a city, town, county, special purpose district, school district, or other municipal corporation.
(5) "Lubricating oil" means petroleum-based oils for
reducing friction in engine parts and other mechanical parts.
(6) "Mixed waste paper" means assorted low-value
grades of paper that have not been separated into individual
grades of paper at the point of collection.
(7) "Municipal sewage sludge" means a semisolid substance consisting of settled sewage solids combined with
varying amounts of water and dissolved materials generated
from a publicly owned wastewater treatment plant.
(8) "Biosolids" means municipal sewage sludge or septic
tank septage sludge that meets the requirements of chapter
70.95J RCW.
(9) "Paper and paper products" means all items manufactured from paper or paperboard.
(10) "Postconsumer waste" means a material or product
that has served its intended use and has been discarded for
disposal or recovery by a final consumer.
(11) "Procurement officer" means the person that has the
primary responsibility for procurement of materials or products.
(12) "State agency" means all units of state government,
including divisions of the governor's office, the legislature,
the judiciary, state agencies and departments, correctional
institutions, vocational technical institutions, and universities
and colleges.
(2004 Ed.)
43.19A.020
43.19A.020 Recycled product purchasing—Federal
product standards. (1) The federal product standards,
adopted under 42 U.S.C. Sec. 6962(e) as it exists on July 1,
2001, are adopted as the minimum standards for the state of
Washington. These standards shall be implemented for at
least the products listed in this subsection, unless the director
finds that a different standard would significantly increase
recycled product availability or competition.
(a) Paper and paper products;
(b) Organic recovered materials;
(c) Latex paint products;
(d) Products for lower value uses containing recycled
plastics;
(e) Retread and remanufactured tires;
(f) Lubricating oils;
(g) Automotive batteries;
(h) Building products and materials;
(i) Panelboard; and
(j) Compost products.
(2) By July 1, 2001, the director shall adopt product standards for strawboard manufactured using as an ingredient
straw that is produced as a by-product in the production of
cereal grain or turf or grass seed and product standards for
products made from strawboard.
(3) The standards required by this section shall be
applied to recycled product purchasing by the department,
other state agencies, and state postsecondary educational
institutions. The standards may be adopted or applied by any
other local government in product procurement. The standards shall provide for exceptions under appropriate circumstances to allow purchases of recycled products that do not
meet the minimum content requirements of the standards.
[2001 c 77 § 1; 1996 c 198 § 1; 1995 c 269 § 1406; 1991 c 297
§ 3.]
Effective date—2001 c 77: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 77 § 2.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
[Title 43 RCW—page 89]
43.19A.030
Title 43 RCW: State Government—Executive
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
43.19A.030
43.19A.030 Local government duties. (1) By January
1, 1993, each local government shall review its existing procurement policies and specifications to determine whether
recycled products are intentionally or unintentionally
excluded. The policies and specifications shall be revised to
include such products unless a recycled content product does
not meet an established performance standard of the agency.
(2) By fiscal year 1994, each local government shall
adopt a minimum purchasing goal for recycled content as a
percentage of the total dollar value of supplies purchased. To
assist in achieving this goal each local government shall
adopt a strategy by January 1, 1993, and shall submit a
description of the strategy to the department. All public agencies shall respond to requests for information from the
department for the purpose of its reporting requirements
under this section.
(3) Each local government shall designate a procurement
officer who shall serve as the primary contact with the department for compliance with the requirements of this chapter.
(4) This section shall apply only to local governments
with expenditures for supplies exceeding five hundred thousand dollars for fiscal year 1989. Expenditures for capital
goods and for electricity, water, or gas for resale shall not be
considered a supply expenditure. [1998 c 245 § 57; 1991 c
297 § 4.]
43.19A.040
43.19A.040 Local government adoption of preferential purchase policy optional. (1) Each local government
shall consider the adoption of policies, rules, or ordinances to
provide for the preferential purchase of recycled content
products. Any local government may adopt the preferential
purchasing policy of the department of general administration, or portions of such policy, or another policy that provides a preference for recycled content products.
(2) The department of general administration shall prepare one or more model recycled content preferential purchase policies suitable for adoption by local governments.
The model policy shall be widely distributed and provided
through the technical assistance and workshops under RCW
43.19A.070.
(3) A local government that is not subject to the purchasing authority of the department of general administration, and
that adopts the preferential purchase policy or rules of the
department, shall not be limited by the percentage price preference included in such policy or rules. [1991 c 297 § 6.]
43.19A.050
43.19A.050 Strategy for state agency procurement.
The department shall prepare a strategy to increase purchases
of recycled-content products by the department and all state
agencies, including higher education institutions. The strategy shall include purchases from public works contracts. The
strategy shall address the purchase of plastic products, retread
and remanufactured tires, motor vehicle lubricants, latex
paint, and lead acid batteries having recycled content. In
addition, the strategy shall incorporate actions to achieve the
following purchase level goals of recycled content paper and
compost products:
[Title 43 RCW—page 90]
(1) Paper products as a percentage of the total dollar
amount purchased on an annual basis:
(a) At least sixty percent by 1996;
(b) At least seventy percent by 1997;
(c) At least eighty percent by 1998.
(2) Compost products as a percentage of the total dollar
amount on an annual basis:
(a) At least forty percent by 1996;
(b) At least sixty percent by 1997;
(c) At least eighty percent by 1998. [1996 c 198 § 2;
1991 c 297 § 7.]
43.19A.060
43.19A.060 Data base of products and vendors. (1)
The department shall develop a data base of available products with recycled-content products, and vendors supplying
such products. The data base shall incorporate information
regarding product consistency with the content standards
adopted under RCW 43.19A.020. The data base shall incorporate information developed through state and local government procurement of recycled-content products.
(2) By December 1, 1992, the department shall report to
the appropriate standing committees of the legislature on the
cost of making the data base accessible to all state and local
governments and to the private sector.
(3) The department shall compile information on purchases made by the department or pursuant to the department's purchasing authority, and information provided by
local governments, regarding:
(a) The percentage of recycled content and, if known, the
amount of postconsumer waste in the products purchased;
(b) Price;
(c) Agency experience with the performance of recycled
products and the supplier under the terms of the purchase;
and
(d) Any other information deemed appropriate by the
department. [1991 c 297 § 8.]
43.19A.070
43.19A.070 Education program—Product substitution list—Model procurement guidelines. (1) The department shall implement an education program to encourage
maximum procurement of recycled products by state and
local government entities. The program shall include at least
the following:
(a) Technical assistance to all state and local governments and their designated procurement officers on the
requirements of this chapter, including preparation of model
purchase contracts, the preparation of procurement plans, and
the availability of recycled products;
(b) Two or more workshops annually in which all state
and local government entities are invited;
(c) Information on intergovernmental agreements to
facilitate procurement of recycled products.
(2) The director shall, in consultation with the department of ecology, make available to the public, local jurisdictions, and the private sector, a comprehensive list of substitutes for extremely hazardous, hazardous, toxic, and nonrecyclable products, and disposable products intended for a single
use. The department and all state agencies exercising the purchasing authorities of the department shall include the substitute products on bid notifications, except where the depart(2004 Ed.)
State Board of Health
ment allows an exception based upon product availability,
price, suitability for intended use, or similar reasons.
(3) The department shall prepare model procurement
guidelines for use by local governments. [1991 c 297 § 9.]
43.20.220
43.20.230
43.20.235
43.20.240
43.20.250
43.19A.080
43.19A.080 Bid notification to state recycled content
requirements. A notification regarding a state or local government's intent to procure products with recycled content
must be prominently displayed in the procurement solicitation or invitation to bid including:
(1) A description of the postconsumer waste content or
recycled content requirements; and
(2) A description of the agency's recycled content preference program. [1991 c 297 § 11.]
43.19A.110
43.19A.110 Local road projects—Compost products.
(1) Each county and city required to prepare a strategy under
RCW 43.19A.030 shall adopt specifications for compost
products to be used in road projects. The specifications developed by the department of transportation under RCW
47.28.220 may be adopted by the city or county in lieu of
developing specifications.
(2) After July 1, 1992, any contract awarded in whole or
in part for applying soils, soil covers, or soil amendments to
road rights of way shall specify that compost materials be
purchased in accordance with the following schedule:
(a) For the period July 1, 1992, through June 30, 1994, at
least twenty-five percent of the total dollar amount of purchases by the city or county;
(b) On and after July 1, 1994, at least fifty percent of the
annual total dollar amount of purchases by the city or county.
(3) The city or county may depart from the schedule in
subsection (2) of this section where it determines that no suitable product is available at a reasonable price. [1991 c 297 §
17.]
43.19A.900
43.19A.900 Captions not law—1991 c 297. Captions
as used in this act constitute no part of the law. [1991 c 297
§ 21.]
Chapter 43.20
Chapter 43.20 RCW
STATE BOARD OF HEALTH
Sections
43.20.025
43.20.030
43.20.035
43.20.050
43.20.100
43.20.110
43.20.140
43.20.145
43.20.175
43.20.185
43.20.195
43.20.200
43.20.215
(2004 Ed.)
Definitions.
State board of health—Members—Chairman—Staff support—Executive director, confidential secretary—Compensation and travel expenses of members.
State board of health—Cooperation with environmental agencies.
Powers and duties of state board of health—State public health
report—Delegation of authority—Enforcement of rules.
Annual report.
Federal act on maternal and infancy hygiene accepted.
Services to crippled children—Rules and regulations.
Food service rules—Consideration of federal food code.
Violations—Injunctions and legal proceedings authorized.
Enforcement of health laws and state or local rules and regulations upon request of local health officer.
Reports of violations by secretary—Duty of attorney general,
prosecuting attorney or city attorney to institute proceedings—Notice to alleged violator.
Grant-in-aid payments for local health departments.
Right of person to rely on prayer to alleviate ailments not
abridged.
43.20.260
43.20.030
Cooperation with federal government—Construction of Title
70 RCW.
Water resource planning—Procedures, criteria, technical
assistance.
Water conservation—Water delivery rate structures.
Public water systems—Complaint process.
Review of water system plan—Time limitations—Notice of
rejection of plan or extension of timeline.
Review of water system plan, requirements—Municipal water
suppliers, retail service.
Cold storage food workers, health certificates: RCW 19.32.110.
Contagious diseases
abatement: RCW 70.05.070.
report of local officers and physicians: RCW 70.05.110.
Control of pet animals infected with diseases communicable to humans, state
board of health duties: Chapter 16.70 RCW.
Death certificates: RCW 70.58.150 through 70.58.190.
Drinking water quality consumer complaints: RCW 80.04.110.
Food and beverage service workers' permits, prescribed by: RCW
69.06.010.
Health, department of: Chapter 43.70 RCW.
Hospitals
disclosure of information: RCW 70.41.150.
enforcement of board rules: RCW 70.41.040.
inspection: RCW 70.41.120.
Immunization program, state board of health participation: RCW
28A.210.060 through 28A.210.170.
Physicians, regulation of professional services: RCW 70.41.180.
Screening program for scoliosis, state board of health participation: RCW
28A.210.180 through 28A.210.250.
Sexually transmitted diseases: Chapter 70.24 RCW.
Social and health services, department created: RCW 43.17.010,
43.20A.030.
43.20.025 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Consumer representative" means any person who is
not an elected official, who has no fiduciary obligation to a
health facility or other health agency, and who has no material financial interest in the rendering of health services.
(2) "*Council" means the health care access and cost
control council.
(3) "Department" means the department of health.
(4) "Secretary" means the secretary of health, or the secretary's designee.
(5) "Local health board" means a health board created
pursuant to chapter 70.05, 70.08, or 70.46 RCW.
(6) "Local health officer" means the legally qualified
physician appointed as a health officer pursuant to chapter
70.05, 70.08, or 70.46 RCW.
(7) "State board" means the state board of health created
under chapter 43.20 RCW. [1989 1st ex.s. c 9 § 208; 1984 c
243 § 1.]
43.20.025
*Reviser's note: RCW 70.170.030, which created the health care
access and cost control council, was repealed by 1995 c 269 § 2204, effective
July 1, 1995.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
43.20.030 State board of health—Members—Chairman—Staff support—Executive director, confidential
secretary—Compensation and travel expenses of members. The state board of health shall be composed of ten
members. These shall be the secretary or the secretary's des43.20.030
[Title 43 RCW—page 91]
43.20.035
Title 43 RCW: State Government—Executive
ignee and nine other persons to be appointed by the governor,
including four persons experienced in matters of health and
sanitation, an elected city official who is a member of a local
health board, an elected county official who is a member of a
local health board, a local health officer, and two persons representing the consumers of health care. Before appointing the
city official, the governor shall consider any recommendations submitted by the association of Washington cities.
Before appointing the county official, the governor shall consider any recommendations submitted by the Washington
state association of counties. Before appointing the local
health officer, the governor shall consider any recommendations submitted by the Washington state association of local
public health officials. Before appointing one of the two consumer representatives, the governor shall consider any recommendations submitted by the state council on aging. The
chairman shall be selected by the governor from among the
nine appointed members. The department of social and health
services shall provide necessary technical staff support to the
board. The board may employ an executive director and a
confidential secretary, each of whom shall be exempt from
the provisions of the state civil service law, chapter 41.06
RCW.
Members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their
travel expenses in accordance with RCW 43.03.050 and
43.03.060. [1984 c 287 § 75; 1984 c 243 § 2; (1993 c 492 §
255 repealed by 1995 c 43 § 16); 1970 ex.s. c 18 § 11; 1965 c
8 § 43.20.030. Prior: 1921 c 7 § 56, part; RRS § 10814, part.]
Reviser's note: This section was amended by 1984 c 287 § 75 and by
1984 c 243 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
43.20.035
43.20.035 State board of health—Cooperation with
environmental agencies. See RCW 43.70.310.
43.20.050
43.20.050 Powers and duties of state board of
health—State public health report—Delegation of
authority—Enforcement of rules. (1) The state board of
health shall provide a forum for the development of public
health policy in Washington state. It is authorized to recommend to the secretary means for obtaining appropriate citizen
and professional involvement in all public health policy formulation and other matters related to the powers and duties of
the department. It is further empowered to hold hearings and
explore ways to improve the health status of the citizenry.
(a) At least every five years, the state board shall convene regional forums to gather citizen input on public health
issues.
(b) Every two years, in coordination with the development of the state biennial budget, the state board shall prepare
the state public health report that outlines the health priorities
of the ensuing biennium. The report shall:
(i) Consider the citizen input gathered at the forums;
(ii) Be developed with the assistance of local health
departments;
[Title 43 RCW—page 92]
(iii) Be based on the best available information collected
and reviewed according to RCW 43.70.050 and recommendations from the *council;
(iv) Be developed with the input of state health care
agencies. At least the following directors of state agencies
shall provide timely recommendations to the state board on
suggested health priorities for the ensuing biennium: The
secretary of social and health services, the health care authority administrator, the insurance commissioner, the superintendent of public instruction, the director of labor and industries, the director of ecology, and the director of agriculture;
(v) Be used by state health care agency administrators in
preparing proposed agency budgets and executive request
legislation;
(vi) Be submitted by the state board to the governor by
January 1 of each even-numbered year for adoption by the
governor. The governor, no later than March 1 of that year,
shall approve, modify, or disapprove the state public health
report.
(c) In fulfilling its responsibilities under this subsection,
the state board may create ad hoc committees or other such
committees of limited duration as necessary.
(2) In order to protect public health, the state board of
health shall:
(a) Adopt rules necessary to assure safe and reliable public drinking water and to protect the public health. Such rules
shall establish requirements regarding:
(i) The design and construction of public water system
facilities, including proper sizing of pipes and storage for the
number and type of customers;
(ii) Drinking water quality standards, monitoring
requirements, and laboratory certification requirements;
(iii) Public water system management and reporting
requirements;
(iv) Public water system planning and emergency
response requirements;
(v) Public water system operation and maintenance
requirements;
(vi) Water quality, reliability, and management of existing but inadequate public water systems; and
(vii) Quality standards for the source or supply, or both
source and supply, of water for bottled water plants.
(b) Adopt rules and standards for prevention, control,
and abatement of health hazards and nuisances related to the
disposal of wastes, solid and liquid, including but not limited
to sewage, garbage, refuse, and other environmental contaminants; adopt standards and procedures governing the design,
construction, and operation of sewage, garbage, refuse and
other solid waste collection, treatment, and disposal facilities;
(c) Adopt rules controlling public health related to environmental conditions including but not limited to heating,
lighting, ventilation, sanitary facilities, cleanliness and space
in all types of public facilities including but not limited to
food service establishments, schools, institutions, recreational facilities and transient accommodations and in places
of work;
(d) Adopt rules for the imposition and use of isolation
and quarantine;
(e) Adopt rules for the prevention and control of infectious and noninfectious diseases, including food and vector
borne illness, and rules governing the receipt and conveyance
(2004 Ed.)
State Board of Health
of remains of deceased persons, and such other sanitary matters as admit of and may best be controlled by universal rule;
and
(f) Adopt rules for accessing existing data bases for the
purposes of performing health related research.
(3) The state board may delegate any of its rule-adopting
authority to the secretary and rescind such delegated authority.
(4) All local boards of health, health authorities and officials, officers of state institutions, police officers, sheriffs,
constables, and all other officers and employees of the state,
or any county, city, or township thereof, shall enforce all
rules adopted by the state board of health. In the event of failure or refusal on the part of any member of such boards or
any other official or person mentioned in this section to so
act, he shall be subject to a fine of not less than fifty dollars,
upon first conviction, and not less than one hundred dollars
upon second conviction.
(5) The state board may advise the secretary on health
policy issues pertaining to the department of health and the
state. [1993 c 492 § 489; 1992 c 34 § 4. Prior: 1989 1st ex.s.
c 9 § 210; 1989 c 207 § 1; 1985 c 213 § 1; 1979 c 141 § 49;
1967 ex.s. c 102 § 9; 1965 c 8 § 43.20.050; prior: (i) 1901 c
116 § 1; 1891 c 98 § 2; RRS § 6001. (ii) 1921 c 7 § 58; RRS
§ 10816.]
*Reviser's note: RCW 70.170.030, which created the health care
access and cost control council, was repealed by 1995 c 269 § 2204, effective
July 1, 1995.
Findings—1993 c 492: "The legislature finds that our health and financial security are jeopardized by our ever increasing demand for health care
and by current health insurance and health system practices. Current health
system practices encourage public demand for unneeded, ineffective, and
sometimes dangerous health treatments. These practices often result in unaffordable cost increases that far exceed ordinary inflation for essential care.
Current total health care expenditure rates should be sufficient to provide
access to essential health care interventions to all within a reformed, efficient
system.
The legislature finds that too many of our state's residents are without
health insurance, that each year many individuals and families are forced
into poverty because of serious illness, and that many must leave gainful
employment to be eligible for publicly funded medical services. Additionally, thousands of citizens are at risk of losing adequate health insurance,
have had insurance canceled recently, or cannot afford to renew existing
coverage.
The legislature finds that businesses find it difficult to pay for health
insurance and remain competitive in a global economy, and that individuals,
the poor, and small businesses bear an inequitable health insurance burden.
The legislature finds that persons of color have significantly higher
rates of mortality and poor health outcomes, and substantially lower numbers
and percentages of persons covered by health insurance than the general population. It is intended that chapter 492, Laws of 1993 make provisions to
address the special health care needs of these racial and ethnic populations in
order to improve their health status.
The legislature finds that uncontrolled demand and expenditures for
health care are eroding the ability of families, businesses, communities, and
governments to invest in other enterprises that promote health, maintain
independence, and ensure continued economic welfare. Housing, nutrition,
education, and the environment are all diminished as we invest ever increasing shares of wealth in health care treatments.
The legislature finds that while immediate steps must be taken, a longterm plan of reform is also needed." [1993 c 492 § 101.]
Intent—1993 c 492: "(1) The legislature intends that state government
policy stabilize health services costs, assure access to essential services for
all residents, actively address the health care needs of persons of color,
improve the public's health, and reduce unwarranted health services costs to
preserve the viability of nonhealth care businesses.
(2) The legislature intends that:
(a) Total health services costs be stabilized and kept within rates of
increase similar to the rates of personal income growth within a publicly reg(2004 Ed.)
43.20.140
ulated, private marketplace that preserves personal choice;
(b) State residents be enrolled in the certified health plan of their choice
that meets state standards regarding affordability, accessibility, cost-effectiveness, and clinical efficaciousness;
(c) State residents be able to choose health services from the full range
of health care providers, as defined in RCW 43.72.010(12), in a manner consistent with good health services management, quality assurance, and cost
effectiveness;
(d) Individuals and businesses have the option to purchase any health
services they may choose in addition to those included in the uniform benefits package or supplemental benefits;
(e) All state residents, businesses, employees, and government participate in payment for health services, with total costs to individuals on a sliding scale based on income to encourage efficient and appropriate utilization
of services;
(f) These goals be accomplished within a reformed system using private service providers and facilities in a way that allows consumers to choose
among competing plans operating within budget limits and other regulations
that promote the public good; and
(g) A policy of coordinating the delivery, purchase, and provision of
health services among the federal, state, local, and tribal governments be
encouraged and accomplished by chapter 492, Laws of 1993.
(3) Accordingly, the legislature intends that chapter 492, Laws of 1993
provide both early implementation measures and a process for overall reform
of the health services system." [1993 c 492 § 102.]
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Severability—1992 c 34: See note following RCW 69.07.170.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Savings—1985 c 213: "This act shall not be construed as affecting any
existing right acquired or liability or obligation incurred under the sections
amended or repealed in this act or under any rule, regulation, or order
adopted under those sections, nor as affecting any proceeding instituted
under those sections." [1985 c 213 § 31.]
Effective date—1985 c 213: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1985." [1985 c 213 § 33.]
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
Rules and regulations—Visual and auditory screening of pupils: RCW
28A.210.020.
43.20.100
43.20.100 Annual report. The state board of health
shall make an annual report to the governor including therein
suggestions for such legislative action as it deems necessary.
[1977 c 75 § 44; 1965 c 8 § 43.20.100. Prior: 1891 c 98 § 11;
RRS § 6007.]
43.20.110
43.20.110 Federal act on maternal and infancy
hygiene accepted. The provisions of the act of congress
entitled "An Act for the promotion of the welfare and hygiene
of maternity and infancy, and for other purposes," approved
November 23, 1921, are hereby accepted by the state of
Washington. [1965 c 8 § 43.20.110. Prior: 1923 c 127 § 1;
RRS § 10814-1.]
43.20.140
43.20.140 Services to crippled children—Rules and
regulations. The director of the state board of health shall be
empowered to promulgate such rules and regulations as shall
be necessary to effectuate and carry out the purposes of RCW
43.20A.635. [1979 c 141 § 58; 1965 c 8 § 43.20.140. Prior:
1941 c 129 § 2; Rem. Supp. 1941 § 9992-107b. Formerly
RCW 74.12.220.]
[Title 43 RCW—page 93]
43.20.145
Title 43 RCW: State Government—Executive
43.20.145
43.20.145 Food service rules—Consideration of federal food code. The state board shall consider the most
recent version of the United States food and drug administration's food code for the purpose of adopting rules for food
service. [2003 c 65 § 2.]
Intent—2003 c 65: "The United States food and drug administration's
food code incorporates the most recent food science and technology. The
code is regularly updated in consultation with the states, the scientific community, and the food service industry. The food and drug administration's
food code provides consistency for food service regulations, and it serves as
a model for many states' food service rules. It is the legislature's intent that
the state board of health use the United States food and drug administration's
food code as guidance when developing food service rules for this state."
[2003 c 65 § 1.]
43.20.175
43.20.175 Violations—Injunctions and legal proceedings authorized. See RCW 43.70.190.
43.20.185
43.20.185 Enforcement of health laws and state or
local rules and regulations upon request of local health
officer. See RCW 43.70.200.
*Reviser's note: 1989 c 348 § 4 was vetoed.
Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.13.600.
Severability—1989 c 348: See note following RCW 90.54.020.
Rights not impaired—1989 c 348: See RCW 90.54.920.
43.20.235
43.20.235 Water conservation—Water delivery rate
structures. Water purveyors required to develop a water
system plan pursuant to RCW 43.20.230 shall evaluate the
feasibility of adopting and implementing water delivery rate
structures that encourage water conservation. This information shall be included in water system plans submitted to the
department of health for approval after July 1, 1993. The
department shall evaluate the following:
(1) Rate structures currently used by public water systems in Washington; and
(2) Economic and institutional constraints to implementing conservation rate structures. [1998 c 245 § 58; 1993 sp.s.
c 4 § 10.]
Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.13.600.
43.20.240
43.20.195
43.20.195 Reports of violations by secretary—Duty
of attorney general, prosecuting attorney or city attorney
to institute proceedings—Notice to alleged violator. See
RCW 43.20A.660.
43.20.200
43.20.200 Grant-in-aid payments for local health
departments. The state board of health is hereby authorized
to provide grant-in-aid payments with state funds to assist in
the cost of general operation of local health departments in
accordance with standards established by the board. [1967
ex.s. c 102 § 11.]
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
43.20.215
43.20.215 Right of person to rely on prayer to alleviate ailments not abridged. See RCW 43.70.210.
43.20.220
43.20.220 Cooperation with federal government—
Construction of Title 70 RCW. See RCW 70.01.010.
43.20.230
43.20.230 Water resource planning—Procedures,
criteria, technical assistance. Consistent with the water
resource planning process of the department of ecology, the
department of health shall:
(1) Develop procedures and guidelines relating to water
use efficiency, as defined in *section 4(3), chapter 348, Laws
of 1989, to be included in the development and approval of
cost-efficient water system plans required under RCW
43.20.050;
(2) Develop criteria, with input from technical experts,
with the objective of encouraging the cost-effective reuse of
greywater and other water recycling practices, consistent
with protection of public health and water quality;
(3) Provide advice and technical assistance upon request
in the development of water use efficiency plans; and
(4) Provide advice and technical assistance on request
for development of model conservation rate structures for
public water systems. Subsections (1), (2), and (3) of this section are subject to the availability of funding. [1993 sp.s. c 4
§ 9; 1989 c 348 § 12.]
[Title 43 RCW—page 94]
43.20.240 Public water systems—Complaint process.
(1) The department shall have primary responsibility among
state agencies to receive complaints from persons aggrieved
by the failure of a public water system. If the remedy to the
complaint is not within the jurisdiction of the department, the
department shall refer the complaint to the state or local
agency that has the appropriate jurisdiction. The department
shall take such steps as are necessary to inform other state
agencies of their primary responsibility for such complaints
and the implementing procedures.
(2) Each county shall designate a contact person to the
department for the purpose of receiving and following up on
complaint referrals that are within county jurisdiction. In the
absence of any such designation, the county health officer
shall be responsible for performing this function.
(3) The department and each county shall establish procedures for providing a reasonable response to complaints
received from persons aggrieved by the failure of a public
water system.
(4) The department and each county shall use all reasonable efforts to assist customers of public water systems in
obtaining a dependable supply of water at all times. The
availability of resources and the public health significance of
the complaint shall be considered when determining what
constitutes a reasonable effort.
(5) The department shall, in consultation with local governments, water utilities, water-sewer districts, public utility
districts, and other interested parties, develop a booklet or
other single document that will provide to members of the
public the following information:
(a) A summary of state law regarding the obligations of
public water systems in providing drinking water supplies to
their customers;
(b) A summary of the activities, including planning, rate
setting, and compliance, that are to be performed by both
local and state agencies;
(c) The rights of customers of public water systems,
including identification of agencies or offices to which they
may address the most common complaints regarding the failures or inadequacies of public water systems.
(2004 Ed.)
Department of Social and Health Services
This booklet or document shall be available to members
of the public no later than January 1, 1991. [1999 c 153 § 56;
1990 c 132 § 3.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Legislative findings—1990 c 132: "The legislature finds the best interests of the citizens of the state are served if:
(1) Customers served by public water systems are assured of an adequate quantity and quality of water supply at reasonable rates;
(2) There is improved coordination between state agencies engaged in
water system planning and public health regulation and local governments
responsible for land use planning and public health and safety; and
(3) Existing procedures and processes for water system planning are
strengthened and fully implemented by state agencies, local government, and
public water systems." [1990 c 132 § 1.]
Severability—1990 c 132: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1990 c 132 § 7.]
43.20.250
43.20.250 Review of water system plan—Time limitations—Notice of rejection of plan or extension of timeline. For any new or revised water system plan submitted for
review under this chapter, the department shall review and
either approve, conditionally approve, reject, or request
amendments within ninety days of the receipt of the submission of the plan. The department may extend this ninety-day
time limitation for new submittals by up to an additional
ninety days if insufficient time exists to adequately review
the general comprehensive plan. For rejections of plans or
extensions of the timeline, the department shall provide in
writing, to the person or entity submitting the plan, the reason
for such action. In addition, the person or entity submitting
the plan and the department may mutually agree to an extension of the deadlines contained in this section. [2002 c 161 §
1.]
Chapter 43.20A
43.20A.005
43.20A.010
43.20A.020
43.20A.025
43.20A.030
43.20A.035
43.20A.037
43.20A.040
43.20A.050
43.20A.060
43.20A.065
43.20A.073
43.20A.075
43.20A.080
43.20A.090
43.20A.100
43.20A.105
43.20A.110
43.20A.130
43.20A.158
43.20A.160
43.20A.165
43.20A.167
43.20A.168
43.20A.205
43.20A.215
43.20A.240
43.20A.300
43.20A.310
Severability—2003 1st sp.s. c 5: See note following RCW 90.03.015.
(2004 Ed.)
Chapter 43.20A RCW
DEPARTMENT OF SOCIAL AND
HEALTH SERVICES
Sections
43.20.260
43.20.260 Review of water system plan, requirements—Municipal water suppliers, retail service. In
approving the water system plan of a public water system, the
department shall ensure that water service to be provided by
the system under the plan for any new industrial, commercial,
or residential use is consistent with the requirements of any
comprehensive plans or development regulations adopted
under chapter 36.70A RCW or any other applicable comprehensive plan, land use plan, or development regulation
adopted by a city, town, or county for the service area. A
municipal water supplier, as defined in RCW 90.03.015, has
a duty to provide retail water service within its retail service
area if: (1) Its service can be available in a timely and reasonable manner; (2) the municipal water supplier has sufficient
water rights to provide the service; (3) the municipal water
supplier has sufficient capacity to serve the water in a safe
and reliable manner as determined by the department of
health; and (4) it is consistent with the requirements of any
comprehensive plans or development regulations adopted
under chapter 36.70A RCW or any other applicable comprehensive plan, land use plan, or development regulation
adopted by a city, town, or county for the service area and, for
water service by the water utility of a city or town, with the
utility service extension ordinances of the city or town.
[2003 1st sp.s. c 5 § 8.]
Chapter 43.20A
43.20A.320
43.20A.350
43.20A.360
43.20A.365
43.20A.390
43.20A.400
43.20A.405
43.20A.410
43.20A.415
43.20A.420
43.20A.425
43.20A.430
43.20A.445
43.20A.550
43.20A.605
43.20A.607
43.20A.610
43.20A.635
43.20A.637
Intent—Public involvement and outreach.
Purpose.
Definitions.
"Appropriately trained professional person" defined by rule.
Department created—Powers and duties transferred to.
Inventory of charitable, educational, penal, and reformatory
land.
Affordable housing—Inventory of suitable housing.
Secretary of social and health services—Appointment—
Term—Salary—Temporary appointment if vacancy—As
executive head and appointing authority.
Secretary of social and health services—Powers and duties
generally—Employment of assistants and personnel, limitation.
Departmental divisions—Plan establishing and organizing.
Review of expenditures for drug and alcohol treatment.
Rule making regarding sex offenders.
Rule-making authority.
Data sharing—Confidentiality—Penalties.
Deputy secretary—Department personnel director—Assistant
secretaries—Appointment—Duties—Salaries.
Certain personnel exempted from state civil service law—
Minimum qualifications for confidential secretaries.
Social worker V employees—Implementation plan.
Secretary's delegation of powers and duties.
Secretary or designee as member of state board of health.
Health protection for certain children, expectant mothers and
adult retarded, powers and duties of secretary of health.
Department as state radiation control agency.
Federal Safe Drinking Water Act—Department to participate
in and administer in conjunction with other departments.
Federal Older Americans Act of 1965—Department to participate in and administer.
Community programs and projects for the aging.
Denial, suspension, revocation, or modification of license.
Assessment of civil fine.
Veterans' rehabilitation council under department's jurisdiction—Secretary's duties.
Department as state agency for receipt of federal funds for
vocational rehabilitation—Exception.
Vocational rehabilitation, powers and duties of secretary or
designee.
Consultation with coordinating council for occupational education.
Committees and councils—Declaration of purpose.
Committees and councils—Appointment—Memberships—
Terms—Vacancies—Travel expenses.
Drug reimbursement policy recommendations.
Per diem or mileage—Limitation.
Purchase of services from public or nonprofit agencies—Utilization of nonappropriated funds.
Purchase of services from public or nonprofit agencies—Vendor rates—Establishment.
Purchase of services from public or nonprofit agencies—Factors to be considered.
Purchase of services from public or nonprofit agencies—
Retention of basic responsibilities by secretary.
Purchase of services from public or nonprofit agencies—Secretary to provide consultative, technical and development
services to suppliers—Review of services.
Purchase of services from public or nonprofit agencies—Qualifications of vendors.
Purchase of services from public or nonprofit agencies—
Retention of sums to pay departmental costs.
State-operated workshops at institutions—Authorized—Standards.
Federal programs—Rules and regulations—Internal reorganization to meet federal requirements—Statutes to be construed to meet federal law—Conflicting parts deemed inoperative.
Authority to administer oaths and issue subpoenas—Provisions governing subpoenas.
Authority to appoint a single executive officer for multiple
institutions—Exception.
Employment of deputies, experts, physicians, etc.
Services to crippled children.
Services to crippled children—Rules and regulations.
[Title 43 RCW—page 95]
43.20A.005
Title 43 RCW: State Government—Executive
43.20A.660 Reports of violations by secretary—Duty of attorney general,
prosecuting attorney or city attorney to institute proceedings—Notice to alleged violator.
43.20A.680 State council on aging established.
43.20A.685 State council on aging—Membership—Terms—Vacancies—
Chairperson—Secretary—Compensation of legislative
members.
43.20A.690 State council on aging—Meetings—Compensation of nonlegislative members.
43.20A.695 State council on aging—Powers and duties—Bylaws.
43.20A.710 Investigation of conviction records or pending charges of state
employees and individual providers.
43.20A.720 Telecommunications devices and services for the hearing and
speech impaired—Definitions.
43.20A.725 Telecommunications devices for the hearing and speech
impaired—Program for provision of services and equipment—Telecommunications relay service excise tax—
Rules.
43.20A.770 Administration of statutes applicable to runaway youth, at-risk
youth, and families in conflict—Consistency required.
43.20A.780 Administration of family services and programs.
43.20A.790 Homeless families with children—Shelter and housing services.
43.20A.800 Vision services for the homeless—Coordination.
43.20A.810 Vision services for the homeless—Funding.
43.20A.820 Vision services for the homeless—Use of used eyeglass
frames by providers.
43.20A.830 Vision services for the homeless—Provider liability.
43.20A.840 Vision services for the homeless—Third party payers.
43.20A.845 Vision services for the homeless—Program name.
43.20A.850 Group homes—Availability of evaluations and data.
43.20A.860 Requirement to seek federal waivers and state law changes to
medical assistance program.
43.20A.870 Children's services—Annual quality assurance report.
43.20A.880 Training competencies and learning outcomes.
43.20A.890 Pathological gambling treatment program.
43.20A.930 Effective date—Severability—1970 ex.s. c 18.
Advisory committee on vendor rates—Created—Members—Chairman:
RCW 74.32.100.
Air pollution
limitation on other governmental units or persons: RCW 70.94.370.
personnel, employment of: RCW 70.94.350.
Alcoholism
private establishments and institutions: Chapter 71.12 RCW.
treatment program, generally: Chapters 70.96, 70.96A, 74.50 RCW.
Birth certificates: RCW 70.58.080.
Boarding home licensing: Chapter 18.20 RCW.
Certificates for out-of-state marriage license requirements: RCW
70.58.380.
Child welfare agencies: RCW 74.15.060.
Children, expectant mothers, retarded adults, health protection as to agencies providing for, duties of secretary of health: RCW 74.15.060.
City sewerage systems, investigation: RCW 35.88.090.
Commission merchants, damaged or unfit products, certificate as to, issued
by department: RCW 20.01.450.
generally: Chapter 70.40 RCW.
secretary's duties: RCW 70.40.040.
state plan: RCW 70.40.090, 70.40.100.
Hospitals for mentally ill, private establishments
conferences with management: RCW 71.12.530.
examinations generally: RCW 71.12.510, 71.12.520.
Juvenile justice act of 1977, department and secretary's duties under: Chapter 13.40 RCW.
License
examination for compliance with: RCW 71.12.500.
examination of premises: RCW 71.12.480.
issuance: RCW 71.12.460.
Licensing of adult family homes: Chapter 70.128 RCW.
Medical assistance: Chapter 74.09 RCW.
Mental illness, department's duties relating to: Chapter 71.05 RCW.
Monitoring enrollee level in basic health plan and medicaid caseload of children—Funding levels adjustment: RCW 43.41.260.
Mosquito control, duties in regard to: Chapter 70.22 RCW.
Nursing homes licensing, duties concerning: Chapter 18.51 RCW.
Occupational and environmental research facility advisory committee, membership: RCW 28B.20.456.
Occupational forecast—Agency consultation: RCW 50.38.030.
Offices maintained at state capital: RCW 43.17.050.
Powers and duties, generally: RCW 43.17.030.
Public assistance: Chapters 74.08 and 74.09 RCW.
Purchase of products and services provided by entities serving or providing
opportunities for disadvantaged or disabled persons: RCW 43.19.520
through 43.19.530.
Residential schools and/or homes for children with disabilities: RCW
28A.155.040.
Rules and regulations of department: RCW 43.17.060.
Sanitation advice to local authority: RCW 70.54.040.
Secretary
appointment: RCW 43.17.020.
chief assistants: RCW 43.17.040.
oath: RCW 43.17.030.
vacancy: RCW 43.17.020, 43.17.040.
Shellfish sanitation control: Chapter 69.30 RCW.
State otologist
appointment: RCW 70.50.010.
duties: RCW 70.50.020.
Temporary assistance for needy families: Chapter 74.12 RCW.
Victims of crimes, reimbursement by convicted person as condition of work
release or parole: RCW 7.68.120.
Vital statistics: Chapter 70.58 RCW.
43.20A.005
Criminally insane, rights, responsibilities and duties: Chapter 10.77 RCW.
43.20A.005 Intent—Public involvement and outreach. It is the intent of the legislature that the department of
social and health services and the department of ecology, in
consultation with affected constituent groups, continue
appropriate public involvement and outreach mechanisms
designed to provide cost-effective public input on their programs and policies. [2001 c 291 § 1001.]
Diabetes, policy for inservice training for school staff treating and monitoring affected students: RCW 28A.210.340.
Part headings not law—Effective date—2001 c 291: See notes following RCW 43.20A.360.
Control of pet animals infected with diseases communicable to humans, secretary's duties: Chapter 16.70 RCW.
Council for the prevention of child abuse and neglect, secretary or designee
as member: RCW 43.121.020.
County sewerage and water systems, approval by department: RCW
36.94.100.
Displaced homemaker act, departmental participation: RCW 28B.04.080.
Educational programs for residential school residents, departmental duties
and authority: RCW 28A.190.020 through 28A.190.060.
Family preservation services: Chapter 74.14C RCW.
Fees for repository of vaccines and biologics: RCW 70.54.190.
Food stamps: RCW 74.04.500.
Health, department of, functions transferred to: RCW 43.70.900.
Hospital and medical facilities survey and construction
[Title 43 RCW—page 96]
43.20A.010
43.20A.010 Purpose. The department of social and
health services is designed to integrate and coordinate all
those activities involving provision of care for individuals
who, as a result of their economic, social or health condition,
require financial assistance, institutional care, rehabilitation
or other social and health services. In order to provide for
maximum efficiency of operation consistent with meeting the
(2004 Ed.)
Department of Social and Health Services
needs of those served or affected, the department will encompass substantially all of the powers, duties and functions
vested by law on June 30, 1970, in the department of public
assistance, the department of institutions, the veterans' rehabilitation council and the division of vocational rehabilitation
of the coordinating council on occupational education. The
department will concern itself with changing social needs,
and will expedite the development and implementation of
programs designed to achieve its goals. In furtherance of this
policy, it is the legislative intent to set forth only the broad
outline of the structure of the department, leaving specific
details of its internal organization and management to those
charged with its administration. [1989 1st ex.s. c 9 § 211;
1979 c 141 § 60; 1970 ex.s. c 18 § 1.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Effective date—1970 ex.s. c 18: *"Except as otherwise in this amendatory act provided, this 1970 amendatory act shall take effect on July 1, 1970."
[1970 ex.s. c 18 § 69.]
*Reviser's note: Phrase "Except as otherwise in this amendatory act
provided" refers to 1970 ex.s. c 18 § 67, uncodified, which pertained to laws
amended in existing education code and as the same were reenacted in the
new education code, effective July 1, 1970, not otherwise pertinent hereto.
Severability—1970 ex.s. c 18: "If any provision of this 1970 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application to other persons or circumstances, is
not affected." [1970 ex.s. c 18 § 70.]
43.20A.020
43.20A.020 Definitions. As used in this chapter, unless
the context indicates otherwise:
(1) "Department" means the department of social and
health services.
(2) "Secretary" means the secretary of the department of
social and health services.
(3) "Deputy secretary" means the deputy secretary of the
department of social and health services.
(4) "Overpayment" means any department payment or
department benefit to a recipient or to a vendor in excess of
that to which the recipient or vendor is entitled by law, rule,
or contract, including amounts in dispute pending resolution.
(5) "Vendor" means an entity that provides goods or services to or for clientele of the department and that controls
operational decisions. [1987 c 283 § 1; 1979 c 141 § 61; 1970
ex.s. c 18 § 2.]
Severability—1987 c 283: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 283 § 17.]
Savings—1987 c 283: "The enactment of this act shall not have the
effect of terminating or in any way modifying any liability, civil or criminal,
that is in existence on July 26, 1987." [1987 c 283 § 18.]
43.20A.025
43.20A.025 "Appropriately trained professional person" defined by rule. The department of social and health
services shall adopt rules defining "appropriately trained professional person" for the purposes of conducting mental
health and chemical dependency evaluations under RCW
71.34.052(3), 71.34.054(1), 70.96A.245(3), and
70.96A.250(1). [1998 c 296 § 34.]
43.20A.050
43.20A.030 Department created—Powers and duties
transferred to. There is hereby created a department of state
government to be known as the department of social and
health services. All powers, duties and functions vested by
law on June 30, 1970, in the department of public assistance,
the department of institutions, the veterans' rehabilitation
council, and the division of vocational rehabilitation of the
coordinating council on occupational education are transferred to the department. Powers, duties and functions to be
transferred shall include, but not be limited to, all those powers, duties and functions involving cooperation with other
governmental units, such as cities and counties, or with the
federal government, in particular those concerned with participation in federal grants-in-aid programs. [1989 1st ex.s. c
9 § 212; 1979 c 141 § 62; 1970 ex.s. c 18 § 3.]
43.20A.030
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
43.20A.035 Inventory of charitable, educational,
penal, and reformatory land. The department shall conduct
an inventory of real properties as provided in *RCW
79.01.006. [1991 c 204 § 2.]
43.20A.035
*Reviser's note: RCW 79.01.006 was recodified as RCW 79.02.400
pursuant to 2003 c 334 § 554.
43.20A.037 Affordable housing—Inventory of suitable housing. (1) The department shall identify and catalog
real property that is no longer required for department purposes and is suitable for the development of affordable housing for very low-income, and moderate-income households
as defined in RCW 43.63A.510. The inventory shall include
the location, approximate size, and current zoning classification of the property. The department shall provide a copy of
the inventory to the department of community, trade, and
economic development by November 1, 1993, and every
November 1 thereafter.
(2) By November 1 of each year, beginning in 1994, the
department shall purge the inventory of real property of sites
that are no longer available for the development of affordable
housing. The department shall include an updated listing of
real property that has become available since the last update.
As used in this section, "real property" means buildings, land,
or buildings and land. [1995 c 399 § 65; 1993 c 461 § 8.]
43.20A.037
Finding—1993 c 461: See note following RCW 43.63A.510.
43.20A.040 Secretary of social and health services—
Appointment—Term—Salary—Temporary appointment if vacancy—As executive head and appointing
authority. The executive head and appointing authority of
the department shall be the secretary of social and health services. He shall be appointed by the governor with the consent
of the senate, and shall serve at the pleasure of the governor.
He shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. If a vacancy
occurs in his position while the senate is not in session, the
governor shall make a temporary appointment until the next
meeting of the senate, when he shall present to that body his
nomination for the office. [1970 ex.s. c 18 § 4.]
43.20A.040
43.20A.050 Secretary of social and health services—
Powers and duties generally—Employment of assistants
43.20A.050
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
(2004 Ed.)
[Title 43 RCW—page 97]
43.20A.060
Title 43 RCW: State Government—Executive
and personnel, limitation. It is the intent of the legislature
wherever possible to place the internal affairs of the department under the control of the secretary to institute the flexible, alert and intelligent management of its business that
changing contemporary circumstances require. Therefore,
whenever the secretary's authority is not specifically limited
by law, he or she shall have complete charge and supervisory
powers over the department. The secretary is authorized to
create such administrative structures as deemed appropriate,
except as otherwise specified by law. The secretary shall
have the power to employ such assistants and personnel as
may be necessary for the general administration of the department. Except as elsewhere specified, such employment shall
be in accordance with the rules of the state civil service law,
chapter 41.06 RCW. [1997 c 386 § 41; 1979 c 141 § 63; 1970
ex.s. c 18 § 5.]
43.20A.060
43.20A.060 Departmental divisions—Plan establishing and organizing. The department of social and health
services shall be subdivided into divisions, including a division of vocational rehabilitation. Except as otherwise specified or as federal requirements may differently require, these
divisions shall be established and organized in accordance
with plans to be prepared by the secretary and approved by
the governor. In preparing such plans, the secretary shall
endeavor to promote efficient public management, to
improve programs, and to take full advantage of the economies, both fiscal and administrative, to be gained from the
consolidation of the departments of public assistance, institutions, the veterans' rehabilitation council, and the division of
vocational rehabilitation of the coordinating council on occupational education. [1989 1st ex.s. c 9 § 213; 1979 c 141 §
64; 1970 ex.s. c 18 § 6.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
43.20A.065
43.20A.065 Review of expenditures for drug and
alcohol treatment. The department of social and health services shall annually review and monitor the expenditures
made by any county or group of counties which is funded, in
whole or in part, with funds provided by chapter 290, Laws of
2002. Counties shall repay any funds that are not spent in
accordance with the requirements of chapter 290, Laws of
2002. [2002 c 290 § 6.]
Effective date—2002 c 290 §§ 1, 4-6, 12, 13, 26, and 27: See note following RCW 70.96A.350.
Intent—2002 c 290: See note following RCW 9.94A.517.
Severability—2002 c 290: See RCW 9.94A.924.
43.20A.073
43.20A.073 Rule making regarding sex offenders.
See RCW 72.09.337.
43.20A.075
43.20A.075 Rule-making authority. For rules adopted
after July 23, 1995, the secretary may not rely solely on a section of law stating a statute's intent or purpose, on the
enabling provisions of the statute establishing the agency, or
on any combination of such provisions, for statutory authority to adopt any rule. [1995 c 403 § 102.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
[Title 43 RCW—page 98]
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.20A.080
43.20A.080 Data sharing—Confidentiality—Penalties. (1) The department shall provide the employment security department quarterly with the names and social security
numbers of all clients in the WorkFirst program and any successor state welfare program.
(2) The information provided by the employment security department under RCW 50.13.060 for statistical analysis
and welfare program evaluation purposes may be used only
for statistical analysis, research, and evaluation purposes as
provided in RCW 74.08A.410 and 74.08A.420. Through
individual matches with accessed employment security
department confidential employer wage files, only aggregate,
statistical, group level data shall be reported. Data sharing by
the employment security department may be extended to
include the office of financial management and other such
governmental entities with oversight responsibility for this
program.
(3) The department and other agencies of state government shall protect the privacy of confidential personal data
supplied under RCW 50.13.060 consistent with federal law,
chapter 50.13 RCW, and the terms and conditions of a formal
data-sharing agreement between the employment security
department and agencies of state government, however the
misuse or unauthorized use of confidential data supplied by
the employment security department is subject to the penalties in RCW 50.13.080. [1997 c 58 § 1005.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
43.20A.090
43.20A.090 Deputy secretary—Department personnel director—Assistant secretaries—Appointment—
Duties—Salaries. The secretary shall appoint a deputy secretary, a department personnel director and such assistant
secretaries as shall be needed to administer the department.
The deputy secretary shall have charge and general supervision of the department in the absence or disability of the secretary, and in case of a vacancy in the office of secretary,
shall continue in charge of the department until a successor is
appointed and qualified, or until the governor shall appoint an
acting secretary. The secretary shall appoint an assistant secretary to administer the juvenile rehabilitation responsibilities required of the department by chapters 13.04, 13.40, and
13.50 RCW. The officers appointed under this section, and
exempt from the provisions of the state civil service law by
the terms of RCW 41.06.076, shall be paid salaries to be fixed
by the governor in accordance with the procedure established
by law for the fixing of salaries for officers exempt from the
operation of the state civil service law. [1994 sp.s. c 7 § 515;
1970 ex.s. c 18 § 7.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
43.20A.100
43.20A.100 Certain personnel exempted from state
civil service law—Minimum qualifications for confidential secretaries. See RCW 41.06.076.
(2004 Ed.)
Department of Social and Health Services
43.20A.105
43.20A.105 Social worker V employees—Implementation plan. The secretary shall develop a plan for implementation for the social worker V employees. The implementation plan shall be submitted to the governor and the legislature by December 1, 1997. The department shall begin
implementation of the plan beginning April 1, 1998. The
department shall perform the duties assigned under *sections
3 through 5, chapter 386, Laws of 1997 and RCW 41.06.076
within existing personnel resources. [1997 c 386 § 5.]
*Reviser's note: 1997 c 386 §§ 3 and 4 were vetoed by the governor.
1997 c 386 § 5 was codified as RCW 43.20A.105.
43.20A.110
43.20A.110 Secretary's delegation of powers and
duties. The secretary may delegate any power or duty vested
in or transferred to him by law, or executive order, to his deputy secretary or to any other assistant or subordinate; but the
secretary shall be responsible for the official acts of the officers and employees of the department. [1970 ex.s. c 18 § 9.]
43.20A.130
43.20A.130 Secretary or designee as member of state
board of health. See RCW 43.20.030.
43.20A.158
43.20A.158 Health protection for certain children,
expectant mothers and adult retarded, powers and duties
of secretary of health. See RCW 74.15.060.
43.20A.160
43.20A.160 Department as state radiation control
agency. See RCW 70.98.050.
43.20A.165
43.20A.165 Federal Safe Drinking Water Act—
Department to participate in and administer in conjunction with other departments. See RCW 43.21A.445.
43.20A.167
43.20A.167 Federal Older Americans Act of 1965—
Department to participate in and administer. See RCW
74.36.100.
43.20A.168
43.20A.168 Community programs and projects for
the aging. See RCW 74.36.110 through 74.36.130.
43.20A.205
43.20A.205 Denial, suspension, revocation, or modification of license. This section governs the denial of an
application for a license or the suspension, revocation, or
modification of a license by the department.
(1) The department shall give written notice of the denial
of an application for a license to the applicant or his or her
agent. The department shall give written notice of revocation,
suspension, or modification of a license to the licensee or his
or her agent. The notice shall state the reasons for the action.
The notice shall be personally served in the manner of service
of a summons in a civil action or shall be given in another
manner that shows proof of receipt.
(2) Except as otherwise provided in this subsection and
in subsection (4) of this section, revocation, suspension, or
modification is effective twenty-eight days after the licensee
or the agent receives the notice.
(a) The department may make the date the action is
effective later than twenty-eight days after receipt. If the
department does so, it shall state the effective date in the written notice given the licensee or agent.
(2004 Ed.)
43.20A.205
(b) The department may make the date the action is
effective sooner than twenty-eight days after receipt when
necessary to protect the public health, safety, or welfare.
When the department does so, it shall state the effective date
and the reasons supporting the effective date in the written
notice given to the licensee or agent.
(c) When the department has received certification pursuant to chapter 74.20A RCW from the division of child support that the licensee is a person who is not in compliance
with a support order or an order from court stating that the licensee is in noncompliance with a residential or visitation
order under *chapter 26.09 RCW, the department shall provide that the suspension is effective immediately upon receipt
of the suspension notice by the licensee.
(3) Except for licensees suspended for noncompliance
with a support order under chapter 74.20A RCW or a residential or visitation order under *chapter 26.09 RCW, a license
applicant or licensee who is aggrieved by a department
denial, revocation, suspension, or modification has the right
to an adjudicative proceeding. The proceeding is governed by
the Administrative Procedure Act, chapter 34.05 RCW. The
application must be in writing, state the basis for contesting
the adverse action, include a copy of the adverse notice, be
served on and received by the department within twentyeight days of the license applicant's or licensee's receiving the
adverse notice, and be served in a manner that shows proof of
receipt.
(4)(a) If the department gives a licensee twenty-eight or
more days notice of revocation, suspension, or modification
and the licensee files an appeal before its effective date, the
department shall not implement the adverse action until the
final order has been entered. The presiding or reviewing
officer may permit the department to implement part or all of
the adverse action while the proceedings are pending if the
appellant causes an unreasonable delay in the proceeding, if
the circumstances change so that implementation is in the
public interest, or for other good cause.
(b) If the department gives a licensee less than twentyeight days notice of revocation, suspension, or modification
and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date
stated in the notice. The presiding or reviewing officer may
order the department to stay implementation of part or all of
the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good
cause. [1997 c 58 § 841; 1989 c 175 § 95.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Effective date—1989 c 175: See note following RCW 34.05.010.
[Title 43 RCW—page 99]
43.20A.215
Title 43 RCW: State Government—Executive
43.20A.215
43.20A.215 Assessment of civil fine. This section governs the assessment of a civil fine against a person by the
department.
(1) The department shall written give [written] notice to
the person against whom it assesses a civil fine. The notice
shall state the reasons for the adverse action. The notice shall
be personally served in the manner of service of a summons
in a civil action or shall be given in an other manner that
shows proof of receipt.
(2) Except as otherwise provided in subsection (4) of this
section, the civil fine is due and payable twenty-eight days
after receipt. The department may make the date the fine is
due later than twenty-eight days after receipt. When the
department does so, it shall state the effective date in the written notice given the person against whom it assesses the fine.
(3) The person against whom the department assesses a
civil fine has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act,
chapter 34.05 RCW. The application must be in writing, state
the basis for contesting the fine, include a copy of the adverse
notice, be served on and received by the department within
twenty-eight days of the person's receiving the notice of civil
fine, and be served in a manner which shows proof of receipt.
(4) If the person files a timely and sufficient appeal, the
department shall not implement the action until the final
order has been served. The presiding or reviewing officer
may permit the department to implement part or all of the
action while the proceedings are pending if the appellant
causes an unreasonable delay in the proceedings or for other
good cause. [1989 c 175 § 96.]
Effective date—1989 c 175: See note following RCW 34.05.010.
43.20A.240
43.20A.240 Veterans' rehabilitation council under
department's jurisdiction—Secretary's duties. See chapter 43.61 RCW.
43.20A.300
43.20A.300 Department as state agency for receipt of
federal funds for vocational rehabilitation—Exception.
Except as provided in RCW 74.18.060, the department of
social and health services shall serve as the sole agency of the
state for the receipt of federal funds made available by acts of
congress for vocational rehabilitation within this state. [1983
c 194 § 28; 1977 ex.s. c 40 § 15; 1970 ex.s. c 18 § 40.]
Severability—Effective dates—1983 c 194: See RCW 74.18.902 and
74.18.903.
Severability—1977 ex.s. c 40: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 40 § 25.]
43.20A.310
43.20A.310 Vocational rehabilitation, powers and
duties of secretary or designee. In addition to his other
powers and duties, the secretary or his designee, shall have
the following powers and duties:
(1) To prepare, adopt and certify the state plan for vocational rehabilitation;
(2) With respect to vocational rehabilitation, to adopt
necessary rules and regulations and do such other acts not
forbidden by law necessary to carry out the duties imposed by
state law and the federal acts;
[Title 43 RCW—page 100]
(3) To carry out the aims and purposes of the acts of congress pertaining to vocational rehabilitation. [1979 c 141 §
65; 1970 ex.s. c 18 § 42.]
43.20A.320
43.20A.320 Consultation with coordinating council
for occupational education. The secretary or his designee
shall consult with the coordinating council for occupational
education in order to maintain close contact with developing
programs of vocational education, particularly as such programs may affect programs undertaken in connection with
vocational rehabilitation. [1970 ex.s. c 18 § 43.]
43.20A.350
43.20A.350 Committees and councils—Declaration
of purpose. The legislature declares that meaningful citizen
involvement with and participation in the planning and programs of the department of social and health services are
essential in order that the public may better understand the
operations of the department, and the department staff may
obtain the views and opinions of concerned and affected citizens. As a result of the creation of the department of social
and health services and the resulting restructuring of programs and organization of the department's components, and
as a further result of the legislative mandate to the department
to organize and deliver services in a manner responsive to
changing needs and conditions, it is necessary to provide for
flexibility in the formation and functioning of the various
committees and councils which presently advise the department, to restructure the present committees and councils, and
to provide for new advisory committees and councils, so that
all such committees and councils will more appropriately
relate to the changing programs and services of the department. [1971 ex.s. c 189 § 1.]
43.20A.360
43.20A.360 Committees and councils—Appointment—Memberships—Terms—Vacancies—Travel
expenses. (1) The secretary is hereby authorized to appoint
such advisory committees or councils as may be required by
any federal legislation as a condition to the receipt of federal
funds by the department. The secretary may appoint statewide committees or councils in the following subject areas:
(a) Health facilities; (b) children and youth services; (c) blind
services; (d) medical and health care; (e) drug abuse and alcoholism; (f) social services; (g) economic services; (h) vocational services; (i) rehabilitative services; and on such other
subject matters as are or come within the department's
responsibilities. The statewide councils shall have representation from both major political parties and shall have substantial consumer representation. Such committees or councils shall be constituted as required by federal law or as the
secretary in his or her discretion may determine. The members of the committees or councils shall hold office for three
years except in the case of a vacancy, in which event appointment shall be only for the remainder of the unexpired term for
which the vacancy occurs. No member shall serve more than
two consecutive terms.
(2) Members of such state advisory committees or councils may be paid their travel expenses in accordance with
RCW 43.03.050 and 43.03.060 as now existing or hereafter
amended. [2001 c 291 § 101. Prior: 1989 1st ex.s. c 9 § 214;
(2004 Ed.)
Department of Social and Health Services
1989 c 11 § 14; 1984 c 259 § 1; 1981 c 151 § 6; 1977 c 75 §
45; 1975-'76 2nd ex.s. c 34 § 98; 1971 ex.s. c 189 § 2.]
Part headings not law—2001 c 291: "Part headings used in this act are
not any part of the law." [2001 c 291 § 1002.]
Effective date—2001 c 291: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 291 § 1003.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1989 c 11: See note following RCW 9A.56.220.
Effective date—1981 c 151: See note following RCW 43.20A.680.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
43.20A.365
43.20A.365 Drug reimbursement policy recommendations. A committee or council required by federal law,
within the department of social and health services, that
makes policy recommendations regarding reimbursement for
drugs under the requirements of federal law or regulations is
subject to chapters 42.30 and 42.32 RCW. [1997 c 430 § 2.]
43.20A.390
43.20A.390 Per diem or mileage—Limitation. Notwithstanding any other provision of chapter 189, Laws of
1971 ex. sess., no person shall receive as compensation or
reimbursement for per diem or mileage authorized in chapter
189, Laws of 1971 ex. sess. any amount that would exceed
the per diem or mileage provided in RCW 43.03.050 and
43.03.060. [1971 ex.s. c 189 § 16.]
43.20A.430
43.20A.410
43.20A.410 Purchase of services from public or nonprofit agencies—Factors to be considered. In determining
whether services should be purchased from other public or
nonprofit agencies, the secretary shall consider:
(1) Whether the particular service or services is available
or might be developed.
(2) The probability that program and workload performance standards will be met, by means of the services purchased.
(3) The availability of reasonably adequate cost finding
and performance evaluation criteria.
Nothing in RCW 43.20A.400 through 43.20A.430 is to
be construed to authorize reduction in state employment in
service component areas presently rendering such services.
[1971 ex.s. c 309 § 3.]
43.20A.415
43.20A.415 Purchase of services from public or nonprofit agencies—Retention of basic responsibilities by
secretary. When, pursuant to RCW 43.20A.400 through
43.20A.430, the secretary elects to purchase a service or services, he shall retain continuing basic responsibility for:
(1) Determining the eligibility of individuals for services;
(2) The selection, quality, effectiveness, and execution
of a plan or program of services suited to the need of an individual or of a group of individuals; and
(3) Measuring the cost effectiveness of purchase of services. [1971 ex.s. c 309 § 4.]
43.20A.420
43.20A.400
43.20A.400 Purchase of services from public or nonprofit agencies—Utilization of nonappropriated funds.
Notwithstanding any other provisions of law, the secretary of
the department of social and health services is authorized to
utilize nonappropriated funds made available to the department, in order to compliment the social and health services
programs of the department by purchase of services from
public or nonprofit agencies. The purpose of this authorization is to augment the services presently offered and to
achieve pooling of public and nonprofit resources. [1971
ex.s. c 309 § 1.]
43.20A.420 Purchase of services from public or nonprofit agencies—Secretary to provide consultative, technical and development services to suppliers—Review of
services. The secretary shall work with the suppliers of purchased services by:
(1) Providing consultation and technical assistance;
(2) Monitoring and periodically reviewing services in
order to assure satisfactory performance including adherence
to state prescribed workload and quality standards; and
(3) Developing new and more effective and efficient
approaches to and methods of delivering services. [1971
ex.s. c 309 § 5.]
43.20A.405
43.20A.405 Purchase of services from public or nonprofit agencies—Vendor rates—Establishment. After
obtaining the review and advice of the governor's advisory
committee on vendor rates, the secretary shall establish rates
of payment for services which are to be purchased: PROVIDED, That the secretary shall afford all interested persons
reasonable opportunity to submit data, views, or arguments,
and shall consider fully all submissions respecting the proposed rates. Prior to the establishment of such rates, the secretary shall give at least twenty days notice of such intended
action by mail to such persons or agencies as have made
timely request of the secretary for advance notice of establishment of such vendor rates. Such rates shall not exceed the
amounts reasonable and necessary to assure quality services
and shall not exceed the costs reasonably assignable to such
services pursuant to cost finding and monitoring procedures
to be established by the secretary. Information to support
such rates of payment shall be maintained in a form accessible to the public. [1971 ex.s. c 309 § 2.]
(2004 Ed.)
43.20A.425
43.20A.425 Purchase of services from public or nonprofit agencies—Qualifications of vendors. The secretary
shall assure that sources from which services are purchased
are: (1) Licensed, or (2) meet applicable accrediting standards, or (3) in the absence of licensing or accrediting standards, meet standards or criteria established by the secretary
to assure quality of service: PROVIDED, That this section
shall not be deemed to dispense with any licensing or accrediting requirement imposed by any other provision of law, by
any county or municipal ordinance, or by rule or regulation of
any public agency. [1971 ex.s. c 309 § 6.]
43.20A.430
43.20A.430 Purchase of services from public or nonprofit agencies—Retention of sums to pay departmental
costs. The secretary shall, if not otherwise prohibited by law,
pursuant to agreement between the department and the
agency in each contract, retain from such nonappropriated
funds sufficient sums to pay for the department's administra[Title 43 RCW—page 101]
43.20A.445
Title 43 RCW: State Government—Executive
tive costs, monitoring and evaluating delivery of services,
and such other costs as may be necessary to administer the
department's responsibilities under RCW 43.20A.400
through 43.20A.430. [1971 ex.s. c 309 § 7.]
thereof, such conflicting part of chapter 18, Laws of 1970 ex.
sess. is declared to be inoperative solely to the extent of the
conflict. [1979 c 141 § 66; 1970 ex.s. c 18 § 66.]
43.20A.605
43.20A.445
43.20A.445 State-operated workshops at institutions—Authorized—Standards. The department may
establish and operate workshops for the training, habilitation,
and rehabilitation of residents of institutions of the department. Products, goods, wares, articles, or merchandise manufactured or produced by the workshops may be sold to governmental agencies or on the open market at fair value. Prior
to establishment of new state-operated workshops at institutions, the department shall consider the availability, appropriateness, and relative cost of contracting with and giving first
preference to private nonprofit sheltered workshops, as
defined in RCW 82.04.385, to provide workshop activities
for residents of the institution.
The secretary shall credit the moneys derived from the
sale of items from workshops under this section to a revolving fund under the control of the superintendent of the institution or facility where the items were manufactured. These
moneys shall be expended for the purchase of supplies and
materials for use in the workshop, to provide pay and training
incentives for residents, and for other costs of the operation
of the workshop. Payment of residents for work performed on
workshop projects shall take into account resident productivity in comparison to the productivity of a nondisabled person
earning the minimum wage as well as other factors consistent
with goals of rehabilitation and treatment. Institutional work
training programs shall be operated in accordance with standards required by the department for private vendors for the
same or similar service.
Workshop materials and supplies may be purchased
through state purchasing or from private vendors. Each institution or facility shall maintain records to demonstrate that
purchases are made at the fair market value or best available
price. [1983 1st ex.s. c 41 § 20.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
43.20A.550
43.20A.550 Federal programs—Rules and regulations—Internal reorganization to meet federal requirements—Statutes to be construed to meet federal law—
Conflicting parts deemed inoperative. In furtherance of
the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the
department, such rules and regulations as may become necessary to entitle the state to participate in federal funds may be
adopted, unless the same be expressly prohibited by law. Any
internal reorganization carried out under the terms of this
chapter shall meet federal requirements which are a necessary condition to state receipt of federal funds. Any section or
provision of law dealing with the department which may be
susceptible to more than one construction shall be interpreted
in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the
various programs of the department. If any law dealing with
the department is ruled to be in conflict with federal requirements which are a prescribed condition of the allocation of
federal funds to the state, or to any departments or agencies
[Title 43 RCW—page 102]
43.20A.605 Authority to administer oaths and issue
subpoenas—Provisions governing subpoenas. (1) The
secretary shall have full authority to administer oaths and
take testimony thereunder, to issue subpoenas requiring the
attendance of witnesses before him together with all books,
memoranda, papers, and other documents, articles or instruments, and to compel the disclosure by such witnesses of all
facts known to them relative to the matters under investigation.
(2) Subpoenas issued in adjudicative proceedings are
governed by RCW 34.05.588(1).
(3) Subpoenas issued in the conduct of investigations
required or authorized by other statutory provisions or necessary in the enforcement of other statutory provisions shall be
governed by RCW 34.05.588(2). [1989 c 175 § 97; 1983 1st
ex.s. c 41 § 21; 1979 c 141 § 47; 1967 ex.s. c 102 § 2. Formerly RCW 43.20.015.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
43.20A.607
43.20A.607 Authority to appoint a single executive
officer for multiple institutions—Exception. The secretary
may appoint one individual to serve as chief executive
officer, administrator, or superintendent for more than one
facility or institution of the department where one or both
facilities or institutions are required by law to have a chief
executive officer, administrator, or superintendent. This section, however, shall not apply to RCW 72.40.020. [1983 1st
ex.s. c 41 § 25.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
Chief executive officers—Appointment: RCW 72.01.060.
43.20A.610
43.20A.610 Employment of deputies, experts, physicians, etc. The secretary may appoint and employ such deputies, scientific experts, physicians, nurses, sanitary engineers, and other personnel including consultants, and such
clerical and other assistants as may be necessary to carry on
the work of the department of social and health services.
[1979 c 141 § 48; 1967 ex.s. c 102 § 8; 1965 c 8 § 43.20.040.
Prior: 1961 ex.s. c 5 § 1; 1921 c 7 § 57; RRS § 10815. Formerly RCW 43.20.040.]
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
43.20A.635
43.20A.635 Services to crippled children. It shall be
the duty of the secretary of social and health services and he
shall have the power to establish and administer a program of
services for children who are crippled or who are suffering
from physical conditions which lead to crippling, which shall
provide for developing, extending, and improving services
for locating such children, and for providing for medical, surgical, corrective, and other services and care, and facilities
for diagnosis, hospitalization, and after care; to supervise the
administration of those services, included in the program,
which are not administered directly by it; to extend and
improve any such services, including those in existence on
(2004 Ed.)
Department of Social and Health Services
April 1, 1941; to cooperate with medical, health, nursing, and
welfare groups and organizations, and with any agency of the
state charged with the administration of laws providing for
vocational rehabilitation of physically handicapped children;
to cooperate with the federal government, through its appropriate agency or instrumentality in developing, extending,
and improving such services; and to receive and expend all
funds made available to the department by the federal government, the state or its political subdivisions or from other
sources, for such purposes. [1979 c 141 § 52; 1965 c 8 §
43.20.130. Prior: 1941 c 129 § 1; Rem. Supp. 1941 § 9992107a; prior: 1937 c 114 § 7. Formerly RCW 74.12.210;
43.20.130.]
Children's center for research and training in mental retardation, assistant
secretaries as members of advisory committee: RCW 28B.20.412.
Handicapped children, copy of commitment order transmitted to department: RCW 26.40.060.
43.20A.637
43.20A.637 Services to crippled children—Rules and
regulations. See RCW 43.20.140.
43.20A.660
43.20A.660 Reports of violations by secretary—Duty
of attorney general, prosecuting attorney or city attorney
to institute proceedings—Notice to alleged violator. (1) It
shall be the duty of each assistant attorney general, prosecuting attorney, or city attorney to whom the secretary reports
any violation of chapter 43.20A RCW, or regulations promulgated thereunder, to cause appropriate proceedings to be
instituted in the proper courts, without delay, and to be duly
prosecuted as prescribed by law.
(2) Before any violation of chapter 43.20A RCW is
reported by the secretary to the prosecuting attorney for the
institution of a criminal proceeding, the person against whom
such proceeding is contemplated shall be given appropriate
notice and an opportunity to present his views to the secretary, either orally or in writing, with regard to such contemplated proceeding. [1989 1st ex.s. c 9 § 215; 1979 c 141 § 57;
1967 ex.s. c 102 § 7. Formerly RCW 43.20.190.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
43.20A.680
43.20A.680 State council on aging established. The
state council on aging is hereby established as an advisory
council to the governor, the secretary of social and health services, and the office of aging or any other office solely designated as the state unit on aging. The state council on aging
may be designated by the governor to serve as the state advisory council to the state unit on aging with respect to federally funded programs as required by federal regulation. The
director of the state unit on aging shall provide appropriate
staff support. [1981 c 151 § 1.]
Effective date—1981 c 151: "This act shall take effect September 1,
1981." [1981 c 151 § 8.]
43.20A.685
43.20A.685 State council on aging—Membership—
Terms—Vacancies—Chairperson—Secretary—Compensation of legislative members. (1) The initial members
of the council shall be appointed by the governor to staggered
terms such that approximately one-third of the members
serve terms of one year, one-third serve terms of two years,
(2004 Ed.)
43.20A.695
and one-third serve terms of three years. Thereafter, members
of the council shall be appointed by the governor to terms of
three years, except in the case of a vacancy, in which event
appointment shall be for the remainder of the unexpired term
for which the vacancy occurs. No member of the council may
serve more than two consecutive three-year terms. One member shall be appointed from each state-designated planning
and service area from a list of names transmitted by each area
agency on aging advisory council, such list including the
names of all persons nominated within the planning and service area together with the area agency on aging advisory
council's recommendations. The governor shall appoint one
additional member from names submitted by the association
of Washington cities and one additional member from names
submitted by the Washington state association of counties. In
addition, the governor may appoint not more than five at
large members, in order to ensure that rural areas (those areas
outside of a standard metropolitan statistical area), minority
populations, and those individuals with special skills which
could assist the state council are represented. The members of
the state council on aging shall elect, at the council's initial
meeting and at the council's first meeting each year, one
member to serve as chairperson of the council and another
member to serve as secretary of the council.
(2) The speaker of the house of representatives and the
president of the senate shall each appoint two nonvoting
members to the council; one from each of the two largest caucuses in each house. The terms of the members so appointed
shall be for approximately two years and the terms shall
expire before the first day of the legislative session in oddnumbered years. They shall be compensated by their respective houses as provided under RCW 44.04.120, as now or
hereafter amended.
(3) With the exception of the members from the Washington state association of cities, the Washington state association of counties, and the nonvoting legislative members, all
members of the council shall be at least fifty-five years old.
[1981 c 151 § 2.]
Effective date—1981 c 151: See note following RCW 43.20A.680.
43.20A.690
43.20A.690 State council on aging—Meetings—
Compensation of nonlegislative members. The state council on aging shall meet monthly unless determined otherwise
by a majority vote of the members, which vote shall be taken
at a regular meeting of the council. Nonlegislative members
shall serve without compensation but shall be reimbursed for
travel expenses and per diem in the performance of their
duties as provided in RCW 43.03.050 and 43.03.060 as now
existing or hereafter amended. [1981 c 151 § 3.]
Effective date—1981 c 151: See note following RCW 43.20A.680.
43.20A.695
43.20A.695 State council on aging—Powers and
duties—Bylaws. (1) The state council on aging has the following powers and duties:
(a) To serve in an advisory capacity to the governor, the
secretary of social and health services, and the state unit on
aging on all matters pertaining to policies, programs, and services affecting older persons;
(b) To create public awareness of the special needs and
potentialities of older persons; and
[Title 43 RCW—page 103]
43.20A.710
Title 43 RCW: State Government—Executive
(c) To provide for self-advocacy by older citizens of the
state through sponsorship of training, legislative and other
conferences, workshops, and such other methods as may be
deemed appropriate.
(2) The council shall establish bylaws to aid in the performance of its powers and duties. [1981 c 151 § 4.]
Effective date—1981 c 151: See note following RCW 43.20A.680.
43.20A.710
43.20A.710 Investigation of conviction records or
pending charges of state employees and individual providers. (1) The secretary shall investigate the conviction
records, pending charges and disciplinary board final decisions of:
(a) Any current employee or applicant seeking or being
considered for any position with the department who will or
may have unsupervised access to children, vulnerable adults,
or individuals with mental illness or developmental disabilities. This includes, but is not limited to, positions conducting
comprehensive assessments, financial eligibility determinations, licensing and certification activities, investigations,
surveys, or case management; or for state positions otherwise
required by federal law to meet employment standards;
(b) Individual providers who are paid by the state and
providers who are paid by home care agencies to provide inhome services involving unsupervised access to persons with
physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in chapter 74.34
RCW, including but not limited to services provided under
chapter 74.39 or 74.39A RCW; and
(c) Individuals or businesses or organizations for the
care, supervision, case management, or treatment of children,
developmentally disabled persons, or vulnerable adults,
including but not limited to services contracted for under
chapter 18.20, *18.48, 70.127, 70.128, 72.36, or 74.39A
RCW or Title 71A RCW.
(2) The investigation may include an examination of
state and national criminal identification data. The secretary
shall use the information solely for the purpose of determining the character, suitability, and competence of these applicants.
(3) An individual provider or home care agency provider
who has resided in the state less than three years before
applying for employment involving unsupervised access to a
vulnerable adult as defined in chapter 74.34 RCW must be
fingerprinted for the purpose of investigating conviction
records both through the Washington state patrol and the federal bureau of investigation. This subsection applies only
with respect to the provision of in-home services funded by
medicaid personal care under RCW 74.09.520, community
options program entry system waiver services under RCW
74.39A.030, or chore services under RCW 74.39A.110.
However, this subsection does not supersede RCW
74.15.030(2)(b).
(4) An individual provider or home care agency provider
hired to provide in-home care for and having unsupervised
access to a vulnerable adult as defined in chapter 74.34 RCW
must have no conviction for a disqualifying crime under
RCW 43.43.830 and 43.43.842. An individual or home care
agency provider must also have no conviction for a crime
relating to drugs as defined in RCW 43.43.830. This subsec[Title 43 RCW—page 104]
tion applies only with respect to the provision of in-home services funded by medicaid personal care under RCW
74.09.520, community options program entry system waiver
services under RCW 74.39A.030, or chore services under
RCW 74.39A.110.
(5) The secretary shall provide the results of the background check on individual providers to the persons hiring
them or to their legal guardians, if any, for their determination of the character, suitability, and competence of the applicants. If the person elects to hire or retain an individual provider after receiving notice from the department that the
applicant has a conviction for an offense that would disqualify the applicant from having unsupervised access to persons
with physical, mental, or developmental disabilities or mental
illness, or to vulnerable adults as defined in chapter 74.34
RCW, then the secretary shall deny payment for any subsequent services rendered by the disqualified individual provider.
(6) Criminal justice agencies shall provide the secretary
such information as they may have and that the secretary may
require for such purpose. [2001 c 296 § 5; 2000 c 87 § 2;
1999 c 336 § 7; 1997 c 392 § 525; 1993 c 210 § 1; 1989 c 334
§ 13; 1986 c 269 § 1.]
*Reviser's note: Chapter 18.48 RCW was repealed in its entirety by
2002 c 223 § 2.
Intent—2001 c 296: See note following RCW 9.96A.060.
Finding—Intent—1999 c 336: See note following RCW 74.39.007.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Prospective application—1993 c 210: "This act applies prospectively
except individuals who currently employ individual providers paid by the
state may be given the option to request a state background check during
reassessment for services." [1993 c 210 § 2.]
Children or vulnerable adults: RCW 43.43.830 through 43.43.842.
State employment in the supervision, care, or treatment of children or developmentally disabled persons—Rules on background investigation:
RCW 41.06.475.
State hospitals: RCW 72.23.035.
43.20A.720
43.20A.720 Telecommunications devices and services for the hearing and speech impaired—Definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this section and RCW
43.20A.725.
(1) "Hearing impaired" means those persons who are
certified to be deaf, deaf-blind, or hard of hearing, and those
persons who are certified to have a hearing disability limiting
their access to telecommunications.
(2) "Speech impaired" means persons who are certified
to be unable to speak or who are certified to have a speech
impairment limiting their access to telecommunications.
(3) "Department" means the department of social and
health services.
(4) "Office" means the office of deaf and hard of hearing
within the state department of social and health services.
[2001 c 210 § 1; 1992 c 144 § 2; 1990 c 89 § 2; 1987 c 304 §
2.]
Legislative findings—1992 c 144: "The legislature finds that the state
of Washington has shown national leadership in providing telecommunications access for the hearing impaired and speech impaired communities. The
legislature further finds that the federal Americans with Disabilities Act
(2004 Ed.)
Department of Social and Health Services
requires states to further enhance telecommunications access for disabled
persons and that the state should be positioned to allow this service to be
delivered with fairness, flexibility, and efficiency." [1992 c 144 § 1.]
Severability—1992 c 144: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1992 c 144 § 6.]
Legislative finding—1990 c 89: "The legislature finds that provision
of telecommunications devices and relay capability for hearing impaired persons is an effective and needed service which should be continued. The legislature further finds that the same devices and relay capability can serve and
should be extended to serve speech impaired persons." [1990 c 89 § 1.]
Legislative findings—1987 c 304: "The legislature finds that it is more
difficult for hearing impaired people to have access to the telecommunications system than hearing persons. It is imperative that hearing impaired people be able to reach government offices and health, human, and emergency
services with the same ease as other taxpayers. Regulations to provide telecommunications devices for the deaf with a relay system will help ensure
that the hearing impaired community has equal access to the public accommodations and telecommunications system in the state of Washington in
accordance with chapter 49.60 RCW." [1987 c 304 § 1.]
Relation to other telecommunications device systems—1987 c 304:
"Nothing in RCW 43.20A.725 and 43.20A.730 is inconsistent with any telecommunications device systems created by county legislative authorities
under RCW 70.54.180. To the extent possible, the office, utilities and transportation commission, the TDD advisory committee, and any other persons
or organizations implementing the provisions of RCW 43.20A.725 and
43.20A.730 will use the telecommunications devices already in place and
work with county governments in ensuring that no duplication of services
occurs." [1987 c 304 § 5.]
Short title—1987 c 304: "This act shall be known as the "Clyde Randolph Ketchum Act"." [1987 c 304 § 6.]
43.20A.725 Telecommunications devices for the
hearing and speech impaired—Program for provision of
services and equipment—Telecommunications relay service excise tax—Rules. (1) The department, through the
sole authority of the office or its successor organization, shall
maintain a program whereby an individual of school age or
older who possesses a hearing or speech impairment is provided with telecommunications equipment, software, and/or
peripheral devices, digital or otherwise, that is determined by
the office to be necessary for such a person to access and use
telecommunications transmission services effectively.
(2) The department, through the sole authority of the
office or its successor organization, shall maintain a program
where telecommunications relay services of a human or electronic nature will be provided to connect hearing impaired,
deaf-blind, or speech impaired persons with persons who do
not have a hearing or speech impairment. Such telecommunications relay services shall provide the ability for an individual who has a hearing or speech impairment to engage in
voice, tactile, or visual communication by wire or radio with
a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech impairment to communicate using voice or
visual communication services by wire or radio subject to
subsection (4)(b) of this section.
(3) The telecommunications relay service and equipment
distribution program may operate in such a manner as to provide communications transmission opportunities that are
capable of incorporating new technologies that have demonstrated benefits consistent with the intent of this chapter and
are in the best interests of the citizens of this state.
(4) The office shall administer and control the award of
money to all parties incurring costs in implementing and
43.20A.725
(2004 Ed.)
43.20A.725
maintaining telecommunications services, programs, equipment, and technical support services according to this section. The relay service contract shall be awarded to an individual company registered as a telecommunications company
by the utilities and transportation commission, to a group of
registered telecommunications companies, or to any other
company or organization determined by the office as qualified to provide relay services, contingent upon that company
or organization being approved as a registered telecommunications company prior to final contract approval. The relay
system providers and telecommunications equipment vendors shall be selected on the basis of cost-effectiveness and
utility to the greatest extent possible under the program and
technical specifications established by the office.
(a) To the extent funds are available under the then-current rate and not otherwise held in reserve or required for
other purposes authorized by this chapter, the office may
award contracts for communications and related services and
equipment for hearing impaired or speech impaired individuals accessing or receiving services provided by, or contracted
for, the department to meet access obligations under Title 2
of the federal Americans with disabilities act or related federal regulations.
(b) The office shall perform its duties under this section
with the goal of achieving functional equivalency of access to
and use of telecommunications services similar to the enjoyment of access to and use of such services experienced by an
individual who does not have a hearing or speech impairment
only to the extent that funds are available under the then-current rate and not otherwise held in reserve or required for
other purposes authorized by this chapter.
(5) The program shall be funded by a telecommunications relay service (TRS) excise tax applied to each switched
access line provided by the local exchange companies. The
office shall determine, in consultation with the office's program advisory committee, the budget needed to fund the program on an annual basis, including both operational costs and
a reasonable amount for capital improvements such as equipment upgrade and replacement. The budget proposed by the
office, together with documentation and supporting materials, shall be submitted to the office of financial management
for review and approval. The approved budget shall be given
by the department in an annual budget to the department of
revenue no later than March 1st prior to the beginning of the
fiscal year. The department of revenue shall then determine
the amount of telecommunications relay service excise tax to
be placed on each switched access line and shall inform local
exchange companies and the utilities and transportation commission of this amount no later than May 1st. The department of revenue shall determine the amount of telecommunications relay service excise tax to be collected in the following fiscal year by dividing the total of the program budget, as
submitted by the office, by the total number of switched
access lines in the prior calendar year, as reported to the
department of revenue under chapter 82.14B RCW, and shall
not exercise any further oversight of the program under this
subsection other than administering the collection of the telecommunications relay service excise tax as provided in RCW
82.72.010 through 82.72.090. The telecommunications relay
service excise tax shall not exceed nineteen cents per month
per access line. The telecommunications relay service excise
[Title 43 RCW—page 105]
43.20A.770
Title 43 RCW: State Government—Executive
tax shall be separately identified on each ratepayer's bill with
the following statement: "Funds federal ADA requirement."
All proceeds from the telecommunications relay service
excise tax shall be put into a fund to be administered by the
office through the department. "Switched access line" has
the meaning provided in RCW 82.14B.020.
(6) The telecommunications relay service program and
equipment vendors shall provide services and equipment
consistent with the requirements of federal law for the operation of both interstate and intrastate telecommunications services for the hearing impaired or speech impaired. The
department and the utilities and transportation commission
shall be responsible for ensuring compliance with federal
requirements and shall provide timely notice to the legislature of any legislation that may be required to accomplish
compliance.
(7) The department shall adopt rules establishing eligibility criteria, ownership obligations, financial contributions,
and a program for distribution to individuals requesting and
receiving such telecommunications devices distributed by the
office, and other rules necessary to administer programs and
services consistent with this chapter. [2004 c 254 § 1; 2001 c
210 § 2; 1998 c 245 § 59; 1993 c 425 § 1; 1992 c 144 § 3;
1990 c 89 § 3; 1987 c 304 § 3.]
Responsibility for collection of tax—2004 c 254: "(1) The department
of revenue is responsible for the administration and collection of telephone
program excise taxes as provided in this act only with regard to telephone
program excise taxes that are imposed on switched access lines for any time
period occurring on or after July 1, 2004.
(2) The department of social and health services is responsible for the
administration and collection of telephone program excise taxes as provided
in this act only with regard to telephone program excise taxes that are
imposed on switched access lines for the current year and the four preceding
years which occurred prior to July 1, 2004." [2004 c 254 § 13.]
Implementation—2004 c 254: "The secretary of the department of
social and health services and the director of the department of revenue may
take the necessary steps to ensure that this act is implemented on its effective
date." [2004 c 254 § 15.]
Effective date—2004 c 254: See note following RCW 82.72.010.
Effective date—1993 c 425: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 15, 1993]." [1993 c 425 § 2.]
Legislative findings—Severability—1992 c 144: See notes following
RCW 43.20A.720.
Legislative finding—1990 c 89: See note following RCW 43.20A.720.
43.20A.770
43.20A.770 Administration of statutes applicable to
runaway youth, at-risk youth, and families in conflict—
Consistency required. The department shall ensure that the
administration of chapter 13.32A RCW and applicable portions of chapter 74.13 RCW relating to runaway youth, atrisk youth, and families in conflict is consistent in all areas of
the state and in accordance with statutory requirements.
[1991 c 364 § 6.]
Conflict with federal requirements—1991 c 364: See note following
RCW 70.96A.020.
43.20A.780
43.20A.780 Administration of family services and
programs. The secretary shall administer family services
and programs to promote the state's policy as provided in
RCW 74.14A.025. [1992 c 198 § 9.]
[Title 43 RCW—page 106]
Severability—Effective date—1992 c 198: See RCW 70.190.910 and
70.190.920.
43.20A.790
43.20A.790 Homeless families with children—Shelter and housing services. (1) The department shall collaborate with the department of community, trade, and economic
development in the development of the coordinated and comprehensive plan for homeless families with children required
under RCW 43.63A.650, which designates the department of
community, trade, and economic development as the state
agency with primary responsibility for providing shelter and
housing services to homeless families with children. In fulfilling its responsibilities to collaborate with the department
of community, trade, and economic development pursuant to
RCW 43.63A.650, the department shall develop, administer,
supervise, and monitor its portion of the plan. The department's portion of the plan shall contain at least the following
elements:
(a) Coordination or linkage of services with shelter and
housing;
(b) Accommodation and addressing the needs of homeless families in the design and administration of department
programs;
(c) Participation of the department's local offices in the
identification, assistance, and referral of homeless families;
and
(d) Ongoing monitoring of the efficiency and effectiveness of the plan's design and implementation.
(2) The department shall include community organizations involved in the delivery of services to homeless families
with children, and experts in the development and ongoing
evaluation of the plan.
(3) The duties under this section shall be implemented
within amounts appropriated for that specific purpose by the
legislature in the operating and capital budgets. [1999 c 267
§ 2.]
Findings—Intent—1999 c 267: "The legislature finds that homelessness for families with children is a serious, widespread problem that has a
devastating effect on children, including significant adverse effects upon
their growth and development. Planning for and serving the shelter and housing needs of homeless families with children has been and continues to be a
responsibility of the department of community, trade, and economic development. The legislature further finds that the department of social and health
services also plays an important role in addressing the service needs of
homeless families with children. In order to adequately and effectively
address the complex issues confronting homeless families with children,
planning for, implementing, and evaluating such services must be a collaborative effort between the department of community, trade, and economic
development and the department of social and health services, other local,
state, and federal agencies, and community organizations. It is the intent of
the legislature that the department of community, trade, and economic development and the department of social and health services jointly present the
plan to the appropriate committees of the legislature as required in section 3
of this act. It is the intent of the legislature that children should not be placed
or retained in the foster care system if family homelessness is the primary
reason for placement or the continuation of their placement. It is the further
intent of the legislature that services to homeless families with children shall
be provided within funds appropriated for that specific purpose by the legislature in the operating and capital budgets. Nothing in this act is intended to
prevent the court's review of the plan developed by the department of social
and health services and the department of community, trade, and economic
development under Washington State Coalition for the Homeless v. Department of Social and Health Services, King County Superior Court No. 91-215889-4. However, it is the intent of the legislature that the court's review in
that proceeding be confined solely to review of the plan submitted under the
order of February 4, 1998. Nothing in sections 1 through 10 of this act is
intended to grant the court in this proceeding continuing review over the
(2004 Ed.)
Department of Social and Health Services
department of social and health services after July 25, 1999." [1999 c 267 §
1.]
Severability—1999 c 267: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1999 c 267 § 25.]
43.20A.800
43.20A.800 Vision services for the homeless—Coordination. The secretary of the department of social and
health services shall coordinate the efforts of nonprofit agencies working with the homeless, the Washington academy of
eye physicians and surgeons, the Washington optometric
association, and the opticians association of Washington to
deliver vision services to the homeless free of charge. The
secretary shall enter into agreements identifying cooperating
agencies and the circumstances under which specified services will be delivered. [1993 c 96 § 2.]
Findings—1993 c 96: "The legislature finds that many homeless people in the state of Washington have impaired eyesight that reduces their
chances of obtaining employment or training for employment. The legislature finds that it is in the public interest to facilitate ophthalmologists, optometrists, and opticians in providing free vision services to homeless people of
the state." [1993 c 96 § 1.]
43.20A.810 Vision services for the homeless—Funding. To the extent consistent with the department's budget,
the secretary shall pay for the eyeglasses hardware prescribed
and dispensed pursuant to the program set up in RCW
43.20A.800 through 43.20A.840. The secretary shall also
attempt to obtain private sector funding for this program.
[1993 c 96 § 3.]
43.20A.810
Findings—1993 c 96: See note following RCW 43.20A.800.
43.20A.820
43.20A.820 Vision services for the homeless—Use of
used eyeglass frames by providers. Ophthalmologists,
optometrists, and dispensing opticians may utilize used eyeglass frames obtained through donations to this program.
[1993 c 96 § 4.]
43.20A.890
43.20A.845
43.20A.845 Vision services for the homeless—Program name. The program created in RCW 43.20A.800
through 43.20A.840 shall be known as the eye care for the
homeless program in Washington. [1993 c 96 § 7.]
Findings—1993 c 96: See note following RCW 43.20A.800.
43.20A.850
43.20A.850 Group homes—Availability of evaluations and data. The secretary of social and health services
shall make all of the department's evaluation and research
materials and data on private nonprofit group homes available to group home contractors. The department may delete
any information from the materials that identifies a specific
client or contractor, other than the contractor requesting the
materials. [1994 sp.s. c 7 § 322.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
43.20A.860
43.20A.860 Requirement to seek federal waivers and
state law changes to medical assistance program. The
department of social and health services, in consultation with
the health care authority, the office of financial management,
and other appropriate state agencies, shall seek necessary federal waivers and state law changes to the medical assistance
program of the department to achieve greater coordination in
financing, purchasing, and delivering health services to lowincome residents of Washington state in a cost-effective manner, and to expand access to care for these low-income residents. Such waivers shall include any waiver needed to
require that point-of-service cost-sharing, based on recipient
household income, be applied to medical assistance recipients. In negotiating the waiver, consideration shall be given
to the degree to which benefits in addition to the minimum
list of services should be offered to medical assistance recipients. [1995 c 265 § 26.]
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
Findings—1993 c 96: See note following RCW 43.20A.800.
43.20A.870
43.20A.830 Vision services for the homeless—Provider liability. An ophthalmologist, optometrist, or dispensing optician who provides:
(1) Free vision services; or
(2) Eyeglasses, or any part thereof, including used
frames, at or below retail cost to homeless people in the state
of Washington
and who is not reimbursed for such services or eyeglasses as
allowed for in RCW 43.20A.840, is not liable for civil damages for injury to a homeless person resulting from any act or
omission in providing such services or eyeglasses, other than
an act or omission constituting gross negligence or intentional conduct. [1993 c 96 § 5.]
43.20A.830
Findings—1993 c 96: See note following RCW 43.20A.800.
43.20A.840 Vision services for the homeless—Third
party payers. Nothing in RCW 43.20A.800 through
43.20A.840 shall prevent ophthalmologists, optometrists, or
dispensing opticians from collecting for either their goods or
services, or both from third-party payers covering the goods
or services for homeless persons. [1993 c 96 § 6.]
43.20A.840
Findings—1993 c 96: See note following RCW 43.20A.800.
(2004 Ed.)
43.20A.870 Children's services—Annual quality
assurance report. The department shall prepare an annual
quality assurance report that shall include but is not limited
to: (1) Performance outcomes regarding health and safety of
children in the children's services system; (2) children's
length of stay in out-of-home placement from each date of
referral; (3) adherence to permanency planning timelines;
and (4) the response time on child protective services investigations differentiated by risk level determined at intake.
[1999 c 372 § 7; 1997 c 386 § 47.]
43.20A.880
43.20A.880 Training competencies and learning outcomes. The department shall publish its final basic and specialty training competencies and learning outcomes as
required by chapter 121, Laws of 2000 no later than June 1,
2002. [2002 c 233 § 2.]
Effective date—2002 c 233: See note following RCW 18.20.270.
43.20A.890
43.20A.890 Pathological gambling treatment program. (1) A program for the treatment of pathological gambling is established within the department of social and health
services, to be administered by a qualified person who has
training and experience in handling pathological gambling
[Title 43 RCW—page 107]
43.20A.930
Title 43 RCW: State Government—Executive
problems or the organization and administration of treatment
services for persons suffering from pathological gambling
problems. The department shall track program participation
and client outcomes.
(2) To receive treatment under subsection (1) of this section, a person must:
(a) Need treatment for pathological gambling, but be
unable to afford treatment; and
(b) Be targeted by the department of social and health
services as to be most amenable to treatment.
(3) Treatment under this section is limited to the funds
available to the department of social and health services.
(4) The department of social and health services shall
report to the legislature by September 1, 2002, with a plan for
implementing this section.
(5) The department of social and health services shall
report to the legislature by November 1, 2003, on program
participation and client outcomes. [2002 c 349 § 4. Formerly
RCW 67.70.350.]
43.20B.360
43.20B.370
43.20B.410
43.20B.415
43.20B.420
43.20B.425
43.20B.430
43.20B.435
43.20B.440
43.20B.445
43.20B.450
43.20B.455
43.20B.460
43.20A.930 Effective date—Severability—1970 ex.s.
c 18. See notes following RCW 43.20A.010.
43.20A.930
RECOVERY OF OVERPAYMENTS
43.20B.620
Chapter 43.20B RCW
REVENUE RECOVERY FOR DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
Chapter 43.20B
43.20B.630
43.20B.635
43.20B.640
Sections
GENERAL PROVISIONS
43.20B.010
43.20B.020
43.20B.030
43.20B.040
43.20B.050
43.20B.060
43.20B.070
43.20B.080
43.20B.090
Definitions.
Fees for services—Department of health and department of
social and health services.
Overpayments and debts due the department—Time limit—
Write-offs and compromises.
Chapter does not apply where another party liable—Statement of lien—Form.
Liens—Compromise—Settlement or judgment.
Reimbursement for medical care or residential care—Lien—
Subrogation—Delegation of lien and subrogation rights.
Torts committed against recipients of state assistance—
Duties of attorney representing recipient—Trust account
for departmental lien.
Recovery for paid medical assistance—Rules—Disclosure of
estate recovery costs, terms, and conditions.
Recovery for paid medical assistance and state-funded longterm care—Legislative intent—Legislative confirmation
of effect of 1994 c 21.
NONRESIDENTIAL FEES AND COSTS OF SERVICES
43.20B.110
43.20B.120
License fees to be charged by secretary—Waiver—Review
and comment.
Funeral assistance—Lien against assets.
RESIDENTIAL SERVICES
43.20B.310
43.20B.320
43.20B.325
43.20B.330
43.20B.335
43.20B.340
43.20B.345
43.20B.347
43.20B.350
43.20B.355
Residential care payments by families, when not collected.
Mental illness—Treatment costs—Criminally insane—Liability.
Mental illness—Hospitalization charges—How computed.
Mental illness—Treatment costs—Liability.
Mental illness—Treatment costs—Determination of ability
to pay—Standards—Rules and regulations.
Mental illness—Treatment costs—Notice and finding of
responsibility—Period—Adjudicative proceedings.
Mental illness—Treatment costs—Judgment for accrued
amounts.
Mental illness—Treatment costs—Lien against real and personal property.
Mental illness—Treatment costs—Modification or vacation
of findings of responsibility.
Mental illness—Hospitalization charges—Due date—Collection.
[Title 43 RCW—page 108]
Mental illness—Hospitalization charges—Collection—Statutes of limitation.
Mental illness—Hospitalization charges—Collection—Prosecuting attorneys to assist.
Residential habilitation centers—Liability for costs of services—Declaration of purpose.
State residential schools—Liability for costs of services—
Limitation.
Residential habilitation centers—Determination of costs of
services—Establishment of rates—Collection.
Residential habilitation centers—Costs of services—Investigation and determination of ability to pay—Exemptions.
Residential habilitation centers—Costs of services—Notice
and finding of responsibility—Service—Adjudicative
proceeding.
State residential habilitation centers—Costs of services—
Modification or vacation of finding of responsibility.
Residential habilitation centers—Costs of services—Charges
payable in advance.
Residential habilitation centers—Costs of services—Reimbursement from property subsequently acquired—Placement outside school—Liability after death of resident.
State residential habilitation centers—Costs of services—
Liabilities created apply to care, support, and treatment
after July 1, 1967.
Residential habilitation centers—Costs of services—Discretionary allowance in resident's fund.
Guardianship fees and additional costs for incapacitated clients paying part of costs—Maximum amount—Rules.
43.20B.645
43.20B.660
43.20B.670
43.20B.675
43.20B.680
43.20B.685
43.20B.688
43.20B.690
43.20B.695
43.20B.710
43.20B.720
43.20B.730
43.20B.735
43.20B.740
43.20B.745
Overpayments of assistance—Lien against recipient's property—Recovery methods.
Overpayments of assistance—Procedures—Adjudicative
proceeding.
Overpayments of assistance—Orders to withhold property of
debtor—Procedures.
Overpayments of assistance—Failure to withhold property of
debtor.
Overpayments of assistance—Assignment of earnings.
Improper realty transfer—Suit to rescind—Recovery from
recipient's estate.
Excess property assistance program—Lien—Department as
creditor.
Vendor overpayments—Goods or services provided on or
after July 1, 1998—Notice—Adjudicative proceeding—
Enforcement—Collection—Rules.
Vendor overpayments—Lien or other security—Setoff or
recoupment—Exception.
Vendor overpayments—Liens—Duration—Enforcement.
Limitation on actions to enforce vendor overpayment debts.
Vendor overpayments—Remedies nonexclusive.
Vendor overpayments—Interest—Exceptions.
Medical assistance—Improper transfer or assignment of
resources—Penalty—Presumption, rebuttal—Attorney's
fees.
Recipient receiving industrial insurance compensation—
Subrogation rights of department—Lien—Withhold and
deliver notice.
Recipient receiving industrial insurance compensation—
Effective date of lien and notice—Service.
Recipient receiving industrial insurance compensation—
Duty to withhold and deliver—Amount.
Recipient receiving industrial insurance compensation—
Adjudicative proceeding—Collection pending final order.
Recipient receiving industrial insurance compensation—
Application.
CONSTRUCTION
43.20B.900
43.20B.901
Savings—1987 c 75.
Severability—1987 c 75.
GENERAL PROVISIONS
43.20B.010 Definitions. The definitions in this section
apply throughout this chapter:
(1) "Department" means the department of social and
health services.
(2) "Secretary" means the secretary of the department of
social and health services.
43.20B.010
(2004 Ed.)
Revenue Recovery for Department of Social and Health Services
(3) "License" means that exercise of regulatory authority
by the secretary to grant permission, authority, or liberty to
do or to forbear certain activities. The term includes licenses,
permits, certifications, registrations, and other similar terms.
(4) "Vendor" means an entity that provides goods or services to or for clientele of the department and that controls
operational decisions.
(5) "Overpayment" means any payment or benefit to a
recipient or to a vendor in excess of that to which is entitled
by law, rule, or contract, including amounts in dispute. [1987
c 75 § 42.]
43.20B.020 Fees for services—Department of health
and department of social and health services. The department of social and health services and the department of
health are authorized to charge fees for services provided
unless otherwise prohibited by law. The fees may be sufficient to cover the full cost of the service provided if practical
or may be charged on an ability-to-pay basis if practical. This
section does not supersede other statutory authority enabling
the assessment of fees by the departments. Whenever the
department of social and health services is authorized by law
to collect total or partial reimbursement for the cost of its providing care of or exercising custody over any person, the
department shall collect the reimbursement to the extent
practical. [1991 c 3 § 295; 1981 1st ex.s. c 6 § 25. Formerly
RCW 43.20A.670.]
assistance or provided residential care to . . . . . ., a person
who was injured on or about the . . . . day of . . . . . . in the
county of . . . . . . state of . . . . . ., and the said department
hereby asserts a lien, to the extent provided in RCW
43.20B.060, for the amount of such assistance or residential
care, upon any sum due and owing . . . . . . (name of injured
person) from . . . . . ., alleged to have caused the injury,
and/or his or her insurer and from any other person or insurer
liable for the injury or obligated to compensate the injured
person on account of such injuries by contract or otherwise.
STATE OF WASHINGTON, DEPARTMENT
OF SOCIAL AND HEALTH SERVICES
By: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Title)
43.20B.020
Effective date—Severability—1981 1st ex.s. c 6: See notes following
RCW 74.04.005.
43.20B.030 Overpayments and debts due the department—Time limit—Write-offs and compromises. (1)
Except as otherwise provided by law, there will be no collection of overpayments and other debts due the department
after the expiration of six years from the date of notice of
such overpayment or other debt unless the department has
commenced recovery action in a court of law or unless an
administrative remedy authorized by statute is in place.
However, any amount due in a case thus extended shall cease
to be a debt due the department at the expiration of ten years
from the date of the notice of the overpayment or other debt
unless a court-ordered remedy would be in effect for a longer
period.
(2) The department, at any time, may accept offers of
compromise of disputed claims or may grant partial or total
write-off of any debt due the department if it is no longer
cost-effective to pursue. The department shall adopt rules
establishing the considerations to be made in the granting or
denial of a partial or total write-off of debts. [2003 c 207 § 1;
1997 c 130 § 5; 1989 c 78 § 4; 1987 c 283 § 6; 1979 c 141 §
308; 1965 ex.s. c 91 § 2. Formerly RCW 74.04.306.]
STATE OF WASHINGTON
COUNTY OF





ss.
I, . . . . . ., being first duly sworn, on oath state: That I
am . . . . . . (title); that I have read the foregoing Statement
of Lien, know the contents thereof, and believe the same to
be true.
.................
Signed and sworn to or affirmed before me this . . . .
day of . . . . . ., 19. . .
by . . . . . . . . . . . . . . . . . . . . . . . . . . .
(name of person making statement).
(Seal or stamp)
.............................
Notary Public in and for the State
of Washington
My appointment expires: . . . . . . . . .
43.20B.030
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
43.20B.060
[1990 c 100 § 3; 1979 c 141 § 341; 1969 ex.s. c 173 § 9. Formerly RCW 74.09.182.]
43.20B.050
43.20B.050 Liens—Compromise—Settlement or
judgment. (1) No settlement made by and between the
recipient and tort feasor and/or insurer shall discharge or otherwise compromise the lien created in RCW 43.20B.060
without the express written consent of the secretary. Discretion to compromise such liens rests solely with the secretary
or the secretary's designee.
(2) No settlement or judgment shall be entered purporting to compromise the lien created by RCW 43.20B.060
without the express written consent of the secretary or the
secretary's designee. [1990 c 100 § 4; 1969 ex.s. c 173 § 12.
Formerly RCW 74.09.186.]
Application—1990 c 100 §§ 2, 4, 7(1), 8(2): See note following RCW
43.20B.060.
43.20B.060
43.20B.040 Chapter does not apply where another
party liable—Statement of lien—Form. The form of the
lien in RCW 43.20B.060 shall be substantially as follows:
43.20B.040
STATEMENT OF LIEN
Notice is hereby given that the State of Washington,
Department of Social and Health Services, has rendered
(2004 Ed.)
43.20B.060 Reimbursement for medical care or residential care—Lien—Subrogation—Delegation of lien
and subrogation rights. (1) To secure reimbursement of
any assistance paid under chapter 74.09 RCW or reimbursement for any residential care provided by the department at a
hospital for the mentally ill or habilitative care center for the
developmentally disabled, as a result of injuries to or illness
of a recipient caused by the negligence or wrong of another,
[Title 43 RCW—page 109]
43.20B.070
Title 43 RCW: State Government—Executive
the department shall be subrogated to the recipient's rights
against a tort feasor or the tort feasor's insurer, or both.
(2) The department shall have a lien upon any recovery
by or on behalf of the recipient from such tort feasor or the
tort feasor's insurer, or both to the extent of the value of the
assistance paid or residential care provided by the department, provided that such lien shall not be effective against
recoveries subject to wrongful death when there are surviving
dependents of the deceased. The lien shall become effective
upon filing with the county auditor in the county where the
assistance was authorized or where any action is brought
against the tort feasor or insurer. The lien may also be filed in
any other county or served upon the recipient in the same
manner as a civil summons if, in the department's discretion,
such alternate filing or service is necessary to secure the
department's interest. The additional lien shall be effective
upon filing or service.
(3) The lien of the department shall be upon any claim,
right of action, settlement proceeds, money, or benefits arising from an insurance program to which the recipient might
be entitled (a) against the tort feasor or insurer of the tort feasor, or both, and (b) under any contract of insurance purchased by the recipient or by any other person providing coverage for the illness or injuries for which the assistance or residential care is paid or provided by the department.
(4) If recovery is made by the department under this section and the subrogation is fully or partially satisfied through
an action brought by or on behalf of the recipient, the amount
paid to the department shall bear its proportionate share of
attorneys' fees and costs.
(a) The determination of the proportionate share to be
borne by the department shall be based upon:
(i) The fees and costs approved by the court in which the
action was initiated; or
(ii) The written agreement between the attorney and client which establishes fees and costs when fees and costs are
not addressed by the court.
(b) When fees and costs have been approved by a court,
after notice to the department, the department shall have the
right to be heard on the matter of attorneys' fees and costs or
its proportionate share.
(c) When fees and costs have not been addressed by the
court, the department shall receive at the time of settlement a
copy of the written agreement between the attorney and client
which establishes fees and costs and may request and examine documentation of fees and costs associated with the case.
The department may bring an action in superior court to void
a settlement if it believes the attorneys' calculation of its proportionate share of fees and costs is inconsistent with the
written agreement between the attorney and client which
establishes fees and costs or if the fees and costs associated
with the case are exorbitant in relation to cases of a similar
nature.
(5) The rights and remedies provided to the department
in this section to secure reimbursement for assistance, including the department's lien and subrogation rights, may be delegated to a managed health care system by contract entered
into pursuant to RCW 74.09.522. A managed health care system may enforce all rights and remedies delegated to it by the
department to secure and recover assistance provided under a
[Title 43 RCW—page 110]
managed health care system consistent with its agreement
with the department. [1997 c 236 § 2; 1990 c 100 § 7.]
Application—1990 c 100 §§ 2, 4, 7(1), 8(2): "Sections 2, 4, 7(1), and
8(2) of this act apply to all existing claims against third parties for which settlements have not been reached or judgments entered by June 7, 1990."
[1990 c 100 § 13.]
43.20B.070
43.20B.070 Torts committed against recipients of
state assistance—Duties of attorney representing recipient—Trust account for departmental lien. (1) An attorney
representing a person who, as a result of injuries or illness
sustained through the negligence or wrong of another, has
received, is receiving, or has applied to receive assistance
under chapter 74.09 RCW, or residential care provided by the
department at a hospital for the mentally ill or habilitative
care center for the developmentally disabled, shall:
(a) Notify the department at the time of filing any claim
against a third party, commencing an action at law, negotiating a settlement, or accepting a settlement offer from the tort
feasor or the tort feasor's insurer, or both; and
(b) Give the department thirty days' notice before any
judgment, award, or settlement may be satisfied in any action
or any claim by the applicant or recipient to recover damages
for such injuries or illness.
(2) The proceeds from any recovery made pursuant to
any action or claim described in RCW 43.20B.060 that is
necessary to fully satisfy the department's lien against recovery shall be placed in a trust account or in the registry of the
court until the department's lien is satisfied. [1999 c 55 § 1;
1990 c 100 § 8.]
Application—1990 c 100 §§ 2, 4, 7(1), 8(2): See note following RCW
43.20B.060.
43.20B.080
43.20B.080 Recovery for paid medical assistance—
Rules—Disclosure of estate recovery costs, terms, and
conditions. (1) The department shall file liens, seek adjustment, or otherwise effect recovery for medical assistance correctly paid on behalf of an individual consistent with 42
U.S.C. Sec. 1396p.
(2) Liens may be adjusted by foreclosure in accordance
with chapter 61.12 RCW.
(3) In the case of an individual who was fifty-five years
of age or older when the individual received medical assistance, the department shall seek adjustment or recovery from
the individual's estate, and from nonprobate assets of the individual as defined by RCW 11.02.005, but only for medical
assistance consisting of nursing facility services, home and
community-based services, other services that the department
determines to be appropriate, and related hospital and prescription drug services. Recovery from the individual's
estate, including foreclosure of liens imposed under this section, shall be undertaken as soon as practicable, consistent
with 42 U.S.C. Sec. 1396p.
(4) The department shall apply the medical assistance
estate recovery law as it existed on the date that benefits were
received when calculating an estate's liability to reimburse
the department for those benefits.
(5)(a) The department shall establish procedures consistent with standards established by the federal department of
health and human services and pursuant to 42 U.S.C. Sec.
(2004 Ed.)
Revenue Recovery for Department of Social and Health Services
1396p to waive recovery when such recovery would work an
undue hardship.
(b) Recovery of medical assistance from a recipient's
estate shall not include property made exempt from claims by
federal law or treaty, including exemption for tribal artifacts
that may be held by individual Native Americans.
(6) A lien authorized under subsections (1) through (5)
of this section relates back to attach to any real property that
the decedent had an ownership interest in immediately before
death and is effective as of that date.
(7) The department is authorized to adopt rules to effect
recovery under this section. The department may adopt by
rule later enactments of the federal laws referenced in this
section.
(8) It is the responsibility of the department to fully disclose in advance verbally and in writing, in easy to understand language, the terms and conditions of estate recovery to
all persons offered long-term care services subject to recovery of payments.
(9) In disclosing estate recovery costs to potential clients, and to family members at the consent of the client, the
department shall provide a written description of the community service options.
(10) The department of social and health services shall
develop an implementation plan for notifying the client or his
or her legal representative at least quarterly of the types of
services used and the cost of those services (debt) that will be
charged against the estate. The estate planning implementation plan shall be submitted by December 12, 1999, to the
appropriate standing committees of the house of representatives and the senate, and to the joint legislative and executive
task force on long-term care. [1999 c 354 § 2; 1997 c 392 §
302; 1995 1st sp.s. c 18 § 67; 1994 c 21 § 3.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Conflict with federal requirements—1994 c 21: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned. The
rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [1994 c 21 § 5.]
Effective date—1994 c 21: "This act shall take effect July 1, 1994."
[1994 c 21 § 6.]
Legislative confirmation of effect of 1994 c 21: RCW 43.20B.090.
43.20B.090
43.20B.090 Recovery for paid medical assistance and
state-funded long-term care—Legislative intent—Legislative confirmation of effect of 1994 c 21. (1) It is the intent
of the legislature to ensure that needy individuals have access
to basic long-term care without requiring them to sell their
homes. In the face of rising medical costs and limited funding
for social welfare programs, however, the state's medicaid
and state-funded long-term care programs have placed an
increasing financial burden on the state. By balancing the
interests of individuals with immediate and future unmet
medical care needs, surviving spouses and dependent children, adult nondependent children, more distant heirs, and the
(2004 Ed.)
43.20B.310
state, the estate recovery provisions of RCW 43.20B.080 and
74.39A.170 provide an equitable and reasonable method of
easing the state's financial burden while ensuring the continued viability of the medicaid and state-funded long-term care
programs.
(2) It is further the intent of the legislature to confirm that
chapter 21, Laws of 1994, effective July 1, 1994, repealed
and substantially reenacted the state's medicaid estate recovery laws and did not eliminate the department's authority to
recover the cost of medical assistance paid prior to October 1,
1993, from the estates of deceased recipients regardless of
whether they received benefits before, on, or after July 1,
1994. [1997 c 392 § 301.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
NONRESIDENTIAL FEES AND COSTS OF SERVICES
43.20B.110
43.20B.110 License fees to be charged by secretary—
Waiver—Review and comment. (1) The secretary shall
charge fees to the licensee for obtaining a license. The secretary may waive the fees when, in the discretion of the secretary, the fees would not be in the best interest of public health
and safety, or when the fees would be to the financial disadvantage of the state.
(2) Fees charged shall be based on, but shall not exceed,
the cost to the department for the licensure of the activity or
class of activities and may include costs of necessary inspection.
(3) Department of social and health services advisory
committees may review fees established by the secretary for
licenses and comment upon the appropriateness of the level
of such fees.
(4) Fees associated with the licensing or regulation of
health professions or health facilities administered by the
department of health, shall be in accordance with RCW
43.70.110 and 43.70.250. [1991 c 3 § 296; 1989 1st ex.s. c 9
§ 216; 1987 c 75 § 6; 1982 c 201 § 2. Formerly RCW
43.20A.055.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
43.20B.120
43.20B.120 Funeral assistance—Lien against assets.
If the department furnishes funeral assistance for deceased
recipients under *RCW 74.08.120, the department shall have
a lien against those assets left to a surviving spouse or minor
children under those conditions defined in *RCW 74.08.120.
The lien is valid for six years from the date of filing with the
county auditor and has preference over the claims of all unsecured creditors. If the assets remain exempt or if no probate is
commenced, the lien automatically terminates without further action six years after filing. [1987 c 75 § 45.]
*Reviser's note: RCW 74.08.120 was repealed by 1997 c 58 § 1002.
RESIDENTIAL SERVICES
43.20B.310
43.20B.310 Residential care payments by families,
when not collected. No payment may be collected by the
department for residential care if the collection will reduce
the income as defined in RCW 74.04.005 of the head of
[Title 43 RCW—page 111]
43.20B.320
Title 43 RCW: State Government—Executive
household and remaining dependents below one hundred percent of the need standard for temporary assistance for needy
families. [1997 c 59 § 6; 1983 1st ex.s. c 41 § 34. Formerly
RCW 74.04.780.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
43.20B.320
43.20B.320 Mental illness—Treatment costs—Criminally insane—Liability. Patients hospitalized at state hospitals as criminally insane shall be responsible for payment of
hospitalization charges. [1987 c 75 § 12; 1959 c 25 §
71.02.380. Prior: 1951 c 139 § 62. Formerly RCW
71.02.380.]
Criminally insane, reimbursement for costs: RCW 10.77.250.
43.20B.325
43 .2 0B.32 5 M ental illness—Ho spita liza tio n
charges—How computed. Charges for hospitalization of
patients in state hospitals are to be based on the actual cost of
operating such hospitals for the previous year, taking into
consideration the overhead expense of operating the hospital
and expense of maintenance and repair, including in both
cases all salaries of supervision and management as well as
material and equipment actually used or expended in operation as computed by the department: PROVIDED, That a
schedule of differing hospitalization charges may be computed, including a schedule of charges for outpatient services,
considering the costs of care, treatment and maintenance in
accordance with the classification of mental illness, type and
intensity of treatment rendered, which may vary among and
within the several state hospitals. Costs of transportation shall
be computed by the department. [1967 ex.s. c 127 § 1; 1959
c 25 § 71.02.410. Prior: 1951 c 139 § 52. Formerly RCW
71.02.410.]
basis of judgment of ability to pay, which standard shall be
recomputed periodically to reflect changes in the costs of living, and other pertinent factors, and to make provisions for
unusual and exceptional circumstances in the application of
such standard. Such factors and circumstances shall include
judgments owed by the person to any victim of an act that
would have resulted in criminal conviction of the patient but
for a finding of criminal insanity. A victim shall include a
personal representative of an estate who has obtained judgment for wrongful death against the criminally insane patient.
In accordance with the provisions of the Administrative
Procedure Act, chapter 34.05 RCW, the department shall
adopt appropriate rules and regulations relating to the standards to be applied in determining ability to pay such
charges, the schedule of charges pursuant to RCW
43.20B.325, and such other rules and regulations as are
deemed necessary to administer the provisions of RCW
43.20B.355 and 43.20B.325 through 43.20B.350. [1996 c
125 § 2; 1987 c 75 § 14; 1979 c 141 § 126; 1967 ex.s. c 127
§ 5. Formerly RCW 71.02.412.]
Findings—Purpose—1996 c 125: "The legislature finds that laws and
regulations relating to the rights of the state to collection from criminally
insane patients for cost of their hospitalization are in need of clarification.
The legislature previously directed the department of social and health services to set standards regarding ability of such patients to pay that would
include pertinent factors, as well as unusual and exceptional circumstances.
The legislature finds that the regulations established by the department fail to
take into account a factor and circumstance that should be paramount: Compensation owed by the patient to victims of his or her criminally insane conduct. The state public policy recognizes the due dignity and respect to be
accorded victims of crime and the need for victims to be compensated, as set
forth in Article I, section 35 of the state Constitution and in chapter 7.68
RCW. The legislature did not intend, in enacting RCW 43.20B.320, that the
department attempt to obtain funds for hospitalization of criminally insane
patients that would otherwise have compensated the victims of the patient.
The purpose of chapter 125, Laws of 1996 is to clarify legislative intent and
existing law." [1996 c 125 § 1.]
43.20B.330
43.20B.330 Mental illness—Treatment costs—Liability. Any person admitted or committed to a state hospital
for the mentally ill, and their estates and responsible relatives
are liable for reimbursement to the state of the costs of hospitalization and/or outpatient services, as computed by the secretary, or his designee, in accordance with RCW 43.20B.325:
PROVIDED, That such mentally ill person, and his or her
estate, and the husband or wife of such mentally ill person
and their estate shall be primarily responsible for reimbursement to the state for the costs of hospitalization and/or outpatient services; and, the parents of such mentally ill person and
their estates, until such person has attained the age of eighteen years, shall be secondarily liable. [1987 c 75 § 13; 1971
ex.s. c 292 § 64; 1967 ex.s. c 127 § 4. Formerly RCW
71.02.411.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
43.20B.335
43.20B.335 Mental illness—Treatment costs—Determination of ability to pay—Standards—Rules and regulations. The department is authorized to investigate the
financial condition of each person liable under the provisions
of RCW 43.20B.355 and 43.20B.325 through 43.20B.350,
and is further authorized to make determinations of the ability of each such person to pay hospitalization charges and/or
charges for outpatient services, in accordance with the provisions of RCW 43.20B.355 and 43.20B.325 through
43.20B.350, and, for such purposes, to set a standard as a
[Title 43 RCW—page 112]
43.20B.340
43.20B.340 Mental illness—Treatment costs—Notice
and finding of responsibility—Period—Adjudicative proceedings. In any case where determination is made that a
person, or the estate of such person, is able to pay all, or any
portion of the charges for hospitalization, and/or charges for
outpatient services, a notice and finding of responsibility
shall be served on such person or the court-appointed personal representative of such person. The notice shall set forth
the amount the department has determined that such person,
or his or her estate, is able to pay not to exceed the costs of
hospitalization, and/or costs of outpatient services, as fixed in
accordance with the provisions of RCW 43.20B.325, or as
otherwise limited by the provisions of RCW 43.20B.355 and
43.20B.325 through 43.20B.350. The responsibility for the
payment to the department shall commence twenty-eight
days after service of such notice and finding of responsibility
which finding of responsibility shall cover the period from
the date of admission of such mentally ill person to a state
hospital, and for the costs of hospitalization, and/or the costs
of outpatient services, accruing thereafter. The notice and
finding of responsibility shall be served upon all persons
found financially responsible in the manner prescribed for the
service of summons in a civil action or may be served by certified mail, return receipt requested. The return receipt signed
by addressee only is prima facie evidence of service. An
application for an adjudicative proceeding may be filed with
(2004 Ed.)
Revenue Recovery for Department of Social and Health Services
the secretary, or the secretary's designee within twenty-eight
days from the date of service of such notice and finding of
responsibility. The application must be written and served on
the secretary by registered or certified mail, or by personal
service. If no application is filed, the notice and finding of
responsibility shall become final. If an application is filed,
the execution of notice and finding of responsibility shall be
stayed pending the final adjudicative order. The hearing shall
be conducted in a local department office or other location in
Washington convenient to the appellant. The proceeding is
governed by the Administrative Procedure Act, chapter 34.05
RCW. [1989 c 175 § 98; 1987 c 75 § 15; 1985 c 245 § 3;
1981 c 67 § 33; 1971 c 81 § 133; 1969 ex.s. c 268 § 1; 1967
ex.s. c 127 § 6. Formerly RCW 71.02.413.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Savings—1985 c 245 §§ 3 and 6: "Sections 3 and 6 of this act shall not
have the effect of terminating or in any way modifying any liability, civil or
criminal, that is already in existence on May 10, 1985." [1985 c 245 § 11.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
43.20B.415
secretary, or the secretary's designee, if satisfied of the financial ability or inability of such person to reimburse the state in
accordance with the original finding of responsibility, may,
modify or vacate such original finding of responsibility and
enter a new finding of responsibility. The determination to
modify or vacate findings of responsibility shall be served
and be appealable in the same manner and in accordance with
the same procedures for appeals of original findings of
responsibility. [1987 c 75 § 17; 1967 ex.s. c 127 § 8. Formerly RCW 71.02.415.]
43.20B.355
43 .2 0B.35 5 Menta l illness—H ospit aliza tio n
charges—Due date—Collection. Hospitalization charges
are payable on the tenth day of each calendar month, for services rendered during the preceding month, and the department may make all necessary rules and regulations relative to
the billing and collection of such charges. [1967 ex.s. c 127
§ 2; 1959 c 25 § 71.02.320. Prior: 1951 c 139 § 56. Formerly
RCW 71.02.320.]
43.20B.360
43.20B.345
43.20B.345 Mental illness—Treatment costs—Judgment for accrued amounts. Whenever any notice and finding of responsibility, or appeal therefrom, shall have become
final, the superior court, wherein such person or persons
reside or have property either real or personal, shall, upon
application of the secretary enter a judgment in the amount of
the accrued monthly charges for the costs of hospitalization,
and/or the costs of outpatient services, and such judgment
shall have and be given the same effect as if entered pursuant
to civil action instituted in said court; except, such judgment
shall not be the subject of collection by the department unless
and until any outstanding judgment for a victim referenced in
RCW 43.20B.335 has been fully satisfied. [1996 c 125 § 3;
1987 c 75 § 16; 1979 c 141 § 127; 1967 ex.s. c 127 § 7. Formerly RCW 71.02.414.]
Findings—Purpose—1996 c 125: See note following RCW
43.20B.335.
43.20B.347
43.20B.347 Mental illness—Treatment costs—Lien
against real and personal property. Whenever a notice and
finding of responsibility, or appeal therefrom, has become
final, the department may file a lien against the real and personal property of all persons found financially responsible
under RCW 43.20B.330 with the county auditor of the
county where the persons reside or own property. [1993 c
272 § 1.]
Savings—1993 c 272: "This act does not have the effect of terminating
or in any way modifying any liability, civil or criminal, that is already in
existence on the effective date of this act." [1993 c 272 § 6.]
Severability—1993 c 272: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 272 § 7.]
43.20B.350
43.20B.350 Mental illness—Treatment costs—Modification or vacation of findings of responsibility. The secretary, or the secretary's designee, upon application of the
person responsible for payment of reimbursement to the state
of the costs of hospitalization, and/or the costs of outpatient
services, or the legal representative of such person, and, after
investigation, or after investigation without application, the
(2004 Ed.)
43 .2 0B.36 0 Menta l illness—H ospit aliza tio n
charges—Collection—Statutes of limitation. No statutes
of limitations shall run against the state of Washington for
hospitalization charges: PROVIDED, HOWEVER, That
periods of limitations for the filing of creditors' claims
against probate and guardianship estates shall apply against
such claims. [1959 c 25 § 71.02.360. Prior: 1951 c 139 § 61.
Formerly RCW 71.02.360.]
Period of limitation for claims against guardianship estate: RCW
11.92.035.
43.20B.370
43 .2 0B.37 0 Menta l illness—H ospit aliza tio n
charges—Collection—Prosecuting attorneys to assist.
The prosecuting attorneys of the various counties shall assist
the department in the collection of hospitalization charges.
[1959 c 25 § 71.02.370. Prior: 1951 c 139 § 64. Formerly
RCW 71.02.370.]
43.20B.410
43.20B.410 Residential habilitation centers—Liability for costs of services—Declaration of purpose. The purpose of RCW 43.20B.410 through 43.20B.455 is to place
financial responsibility for cost of care, support and treatment
upon those residents of residential habilitation centers operated under chapter 71A.20 RCW who possess assets over and
above the minimal amount required to be retained for personal use; to provide procedures for establishing such liability and the monthly rate thereof, and the process for appeal
therefrom to the secretary of social and health services and
the courts by any person deemed aggrieved thereby. [1988 c
176 § 902; 1987 c 75 § 23; 1979 c 141 § 237; 1967 c 141 § 1.
Formerly RCW 72.33.650.]
Severability—1988 c 176: See RCW 71A.10.900.
Effective date—1967 c 141: "This 1967 amendatory act shall become
effective July 1, 1967." [1967 c 141 § 13.]
43.20B.415
43.20B.415 State residential schools—Liability for
costs of services—Limitation. The estates of all mentally or
physically deficient persons who have been admitted to the
state residential schools listed in *RCW 72.33.030 either by
application of their parents or guardian or by commitment of
[Title 43 RCW—page 113]
43.20B.420
Title 43 RCW: State Government—Executive
court, or who may hereafter be admitted or committed to such
institutions, shall be liable for their per capita costs of care,
support and treatment: PROVIDED, That the estate funds
may not be reduced as a result of such liability below an
amount as set forth in *RCW 72.33.180. [1971 ex.s. c 118 §
2; 1967 c 141 § 2. Formerly RCW 72.33.655.]
*Reviser's note: RCW 72.33.030 and 72.33.180 were repealed by 1988
c 176 § 1007. See Title 71A RCW. The term "residential schools" was
changed to "residential habilitation centers" by 1988 c 176.
Effective date—1967 c 141: See note following RCW 43.20B.410.
43.20B.420
43.20B.420 Residential habilitation centers—Determination of costs of services—Establishment of rates—
Collection. The charges for services as provided in RCW
43.20B.425 shall be based on the rates established for the
purpose of receiving federal reimbursement for the same services. For those services for which there is no applicable federal reimbursement-related rate, charges shall be based on the
average per capita costs, adjusted for inflation, of operating
each of the residential habilitation centers for the previous
reporting year taking into consideration all expenses of institutional operation, maintenance and repair, salaries and
wages, equipment and supplies: PROVIDED, That all
expenses directly related to the cost of education for persons
under the age of twenty-two years shall be excluded from the
computation of the average per capita cost. The department
shall establish rates on a per capita basis and promulgate
those rates or the methodology used in computing costs and
establishing rates as rules of the department in accordance
with chapter 34.05 RCW. The department shall be charged
with the duty of collection of charges incurred under RCW
43.20B.410 through 43.20B.455, which may be enforced by
civil action instituted by the attorney general within or without the state. [1988 c 176 § 903; 1987 c 75 § 24; 1984 c 200
§ 1; 1979 c 141 § 238; 1967 c 141 § 3. Formerly RCW
72.33.660.]
Severability—1988 c 176: See RCW 71A.10.900.
Effective date—1967 c 141: See note following RCW 43.20B.410.
43.20B.430
43.20B.430 Residential habilitation centers—Costs
of services—Notice and finding of responsibility—Service—Adjudicative proceeding. In all cases where a determination is made that the estate of a resident of a residential
habilitation center is able to pay all or any portion of the
charges, a notice and finding of responsibility shall be served
on the guardian of the resident's estate, or if no guardian has
been appointed then to the resident, the resident's spouse, or
other person acting in a representative capacity and having
property in his or her possession belonging to a resident. The
notice shall set forth the amount the department has determined that such estate is able to pay, not to exceed the charge
as fixed in accordance with RCW 43.20B.420, and the
responsibility for payment to the department shall commence
twenty-eight days after personal service of such notice and
finding of responsibility. Service shall be in the manner prescribed for the service of a summons in a civil action or may
be served by certified mail, return receipt requested. The
return receipt signed by addressee only is prima facie evidence of service. An application for an adjudicative proceeding from the determination of responsibility may be made to
the secretary by the guardian of the resident's estate, or if no
guardian has been appointed then by the resident, the resident's spouse, or other person acting in a representative
capacity and having property in his or her possession belonging to a resident of a state school, within such twenty-eight
day period. The application must be written and served on the
secretary by registered or certified mail, or by personal service. If no application is filed, the notice and finding of
responsibility shall become final. If an application is filed,
the execution of notice and finding of responsibility shall be
stayed pending the final adjudicative order. The hearing shall
be conducted in a local department office or other location in
Washington convenient to the appellant. The proceeding is
governed by the Administrative Procedure Act, chapter 34.05
RCW. [1989 c 175 § 99; 1988 c 176 § 905; 1987 c 75 § 26;
1985 c 245 § 6; 1982 c 189 § 7; 1979 c 141 § 239; 1970 ex.s.
c 75 § 1; 1967 c 141 § 5. Formerly RCW 72.33.670.]
Effective date—1989 c 175: See note following RCW 34.05.010.
43.20B.425
43.20B.425 Residential habilitation centers—Costs
of services—Investigation and determination of ability to
pay—Exemptions. The department shall investigate and
determine the assets of the estates of each resident of a residential habilitation center and the ability of each such estate
to pay all, or any portion of, the average monthly charge for
care, support and treatment at a residential habilitation center
as d eter min ed by the pr ocedur e s et f orth in RCW
43.20B.420: PROVIDED, That the sum as set forth in RCW
71A.20.100 shall be retained by the estate of the resident at
all times for such personal needs as may arise: PROVIDED
FURTHER, That where any person other than a resident or
the guardian of the resident's estate deposits funds so that the
depositor and a resident become joint tenants with the right of
survivorship, such funds shall not be considered part of the
resident's estate so long as the resident is not the sole survivor
among such joint tenants. [1988 c 176 § 904; 1987 c 75 § 25;
1971 ex.s. c 118 § 3; 1967 c 141 § 4. Formerly RCW
72.33.665.]
Severability—1988 c 176: See RCW 71A.10.900.
Effective date—1967 c 141: See note following RCW 43.20B.410.
[Title 43 RCW—page 114]
Severability—1988 c 176: See RCW 71A.10.900.
Savings—1985 c 245: See note following RCW 43.20B.340.
Effective date—1982 c 189: See note following RCW 34.12.020.
Effective date—1967 c 141: See note following RCW 43.20B.410.
43.20B.435
43.20B.435 State residential habilitation centers—
Costs of services—Modification or vacation of finding of
responsibility. The secretary, upon application of the guardian of the estate of the resident, and after investigation, or
upon investigation without application, may, if satisfied of
the financial ability or inability of such person to make payments in accordance with the original finding of responsibility, modify or vacate such original finding of responsibility,
and enter a new finding of responsibility. The secretary's
determination to modify or vacate findings of responsibility
shall be served and be appealable in the same manner and in
accordance with the same procedure for appeals of original
findings of responsibility. [1979 c 141 § 240; 1967 c 141 § 7.
Formerly RCW 72.33.680.]
Effective date—1967 c 141: See note following RCW 43.20B.410.
(2004 Ed.)
Revenue Recovery for Department of Social and Health Services
43.20B.440
43.20B.440 Residential habilitation centers—Costs
of services—Charges payable in advance. The charges for
care, support, maintenance and treatment of persons at residential habilitation centers as provided by RCW 43.20B.410
through 43.20B.455 shall be payable in advance on the first
day of each and every month to the department. [1988 c 176
§ 906; 1987 c 75 § 27; 1979 c 141 § 241; 1967 c 141 § 8. Formerly RCW 72.33.685.]
Severability—1988 c 176: See RCW 71A.10.900.
Effective date—1967 c 141: See note following RCW 43.20B.410.
43.20B.630
43.20B.460
43.20B.460 Guardianship fees and additional costs
for incapacitated clients paying part of costs—Maximum
amount—Rules. The department of social and health services shall establish by rule the maximum amount of guardianship fees and additional compensation for administrative
costs that may be allowed by the court as compensation for a
guardian or limited guardian of an incapacitated person who
is a department of social and health services client residing in
a nursing facility or in a residential or home setting and is
required by the department of social and health services to
contribute a portion of their income towards the cost of residential or supportive services. [1994 c 68 § 2.]
43.20B.445
43.20B.445 Residential habilitation centers—Costs
of services—Reimbursement from property subsequently
acquired—Placement outside school—Liability after
death of resident. The provisions of RCW 43.20B.410
through 43.20B.455 shall not be construed to prohibit or prevent the department of social and health services from obtaining reimbursement from any person liable under RCW
43.20B.410 through 43.20B.455 for payment of the full
amount of the accrued per capita cost from any property
acquired by gift, devise or bequest subsequent to and regardless of the initial findings of responsibility under RCW
43.20B.430: PROVIDED, That the estate of any resident of
a residential habilitation center shall not be liable for such
reimbursement subsequent to termination of services for that
resident at the residential habilitation center: PROVIDED
FURTHER, That upon the death of any person while a resident in a residential habilitation center, the person's estate
shall become liable to the same extent as the resident's liability on the date of death. [1988 c 176 § 907; 1987 c 75 § 28;
1979 c 141 § 242; 1967 c 141 § 9. Formerly RCW
72.33.690.]
Severability—1988 c 176: See RCW 71A.10.900.
Effective date—1967 c 141: See note following RCW 43.20B.410.
43.20B.450
43.20B.450 State residential habilitation centers—
Costs of services—Liabilities created apply to care, support, and treatment after July 1, 1967. The liabilities created by RCW 43.20B.410 through 43.20B.455 shall apply to
the care, support and treatment occurring after July 1, 1967.
[1987 c 75 § 29; 1967 c 141 § 11. Formerly RCW 72.33.695.]
Effective date—1967 c 141: See note following RCW 43.20B.410.
43.20B.455
43.20B.455 Residential habilitation centers—Costs
of services—Discretionary allowance in resident's fund.
Notwithstanding any other provision of RCW 43.20B.410
through 43.20B.455, the secretary may, if in the secretary's
discretion any resident of a residential habilitation center can
be terminated from receiving services at the habilitation center more rapidly and assimilated into a community, keep an
amount not exceeding five thousand dollars in the resident's
fund for such resident and such resident shall not thereafter
be liable thereon for per capita costs of care, support and
treatment as provided for in RCW 43.20B.415. [1988 c 176
§ 908; 1987 c 75 § 30; 1979 c 141 § 243; 1967 c 141 § 12.
Formerly RCW 72.33.700.]
Severability—1988 c 176: See RCW 71A.10.900.
Effective date—1967 c 141: See note following RCW 43.20B.410.
(2004 Ed.)
RECOVERY OF OVERPAYMENTS
43.20B.620
43.20B.620 Overpayments of assistance—Lien
against recipient's property—Recovery methods. Overpayments of public assistance or food stamps or food stamp
benefits transferred electronically under RCW 74.04.300
shall become a lien against the real and personal property of
the recipient from the time of filing by the department with
the county auditor of the county in which the recipient resides
or owns property, and the lien claim has preference over the
claims of all unsecured creditors.
Debts due the state for overpayments of public assistance
or food stamps or food stamp benefits transferred electronically may be recovered by the state by deduction from the
subsequent assistance payments to such persons, lien and
foreclosure, or order to withhold and deliver, or may be
recovered by civil action. [1998 c 79 § 4; 1987 c 75 § 43.]
43.20B.630
43.20B.630 Overpayments of assistance—Procedures—Adjudicative proceeding. (1) Any person who
owes a debt to the state for an overpayment of public assistance and/or food stamps or food stamp benefits transferred
electronically shall be notified of that debt by either personal
service or certified mail, return receipt requested. Personal
service, return of the requested receipt, or refusal by the
debtor of such notice is proof of notice to the debtor of the
debt owed. Service of the notice shall be in the manner prescribed for the service of a summons in a civil action. The
notice shall include a statement of the debt owed; a statement
that the property of the debtor will be subject to collection
action after the debtor terminates from public assistance
and/or food stamps or benefits; a statement that the property
will be subject to lien and foreclosure, distraint, seizure and
sale, or order to withhold and deliver; and a statement that the
net proceeds will be applied to the satisfaction of the overpayment debt. Action to collect the debt by lien and foreclosure, distraint, seizure and sale, or order to withhold and
deliver, is lawful after ninety days from the debtor's termination from public assistance and/or food stamps or benefits or
the receipt of the notice of debt, whichever is later. This does
not preclude the department from recovering overpayments
by deduction from subsequent assistance payments, not
exceeding deductions as authorized under federal law with
regard to financial assistance programs: PROVIDED, That
subject to federal legal requirement, deductions shall not
exceed five percent of the grant payment standard if the overpayment resulted from error on the part of the department or
error on the part of the recipient without willful or knowing
[Title 43 RCW—page 115]
43.20B.635
Title 43 RCW: State Government—Executive
intent of the recipient in obtaining or retaining the overpayment.
(2) A current or former recipient who is aggrieved by a
claim that he or she owes a debt for an overpayment of public
assistance or food stamps or food stamp benefits transferred
electronically has the right to an adjudicative proceeding pursuant to RCW 74.08.080. If no application is filed, the debt
will be subject to collection action as authorized under this
chapter. If a timely application is filed, the execution of collection action on the debt shall be stayed pending the final
adjudicative order or termination of the debtor from public
assistance and/or food stamps or food stamp benefits transferred electronically, whichever occurs later. [1998 c 79 § 5;
1989 c 175 § 100; 1982 c 201 § 18; 1981 c 163 § 1. Formerly
RCW 74.04.700.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Overpayments and debts due the state: RCW 74.04.300.
43.20B.635
43.20B.635 Overpayments of assistance—Orders to
withhold property of debtor—Procedures. After service
of a notice of debt for an overpayment as provided for in
RCW 43.20B.630, stating the debt accrued, the secretary may
issue to any person, firm, corporation, association, political
subdivision, or department of the state, an order to withhold
and deliver property of any kind including, but not restricted
to, earnings which are due, owing, or belonging to the debtor,
when the secretary has reason to believe that there is in the
possession of such person, firm, corporation, association,
political subdivision, or department of the state property
which is due, owing, or belonging to the debtor. The order to
withhold and deliver shall state the amount of the debt, and
shall state in summary the terms of this section, RCW
6.27.150 and 6.27.160, chapters 6.13 and 6.15 RCW, 15
U.S.C. 1673, and other state or federal exemption laws applicable generally to debtors. The order to withhold and deliver
shall be served in the manner prescribed for the service of a
summons in a civil action or by certified mail, return receipt
requested. Any person, firm, corporation, association, political subdivision, or department of the state upon whom service has been made shall answer the order to withhold and
deliver within twenty days, exclusive of the day of service,
under oath and in writing, and shall make true answers to the
matters inquired of therein. The secretary may require further
and additional answers to be completed by the person, firm,
corporation, association, political subdivision, or department
of the state. If any such person, firm, corporation, association,
political subdivision, or department of the state possesses any
property which may be subject to the claim of the department
of social and health services, such property shall be withheld
immediately upon receipt of the order to withhold and deliver
and shall, after the twenty-day period, upon demand, be
delivered forthwith to the secretary. The secretary shall hold
the property in trust for application on the indebtedness
involved or for return, without interest, in accordance with
final determination of liability or nonliability. In the alternative, there may be furnished to the secretary a good and sufficient bond, satisfactory to the secretary, conditioned upon
final determination of liability. Where money is due and
owing under any contract of employment, express or implied,
or is held by any person, firm, corporation, association, polit[Title 43 RCW—page 116]
ical subdivision, or department of the state subject to withdrawal by the debtor, such money shall be delivered by remittance payable to the order of the secretary. Delivery to the
secretary, subject to the exemptions under RCW 6.27.150
and 6.27.160, chapters 6.13 and 6.15 RCW, 15 U.S.C. 1673,
and other state or federal law applicable generally to debtors,
of the money or other property held or claimed satisfies the
requirement of the order to withhold and deliver. Delivery to
the secretary serves as full acquittance, and the state warrants
and represents that it shall defend and hold harmless for such
actions persons delivering money or property to the secretary
pursuant to this chapter. The state also warrants and represents that it shall defend and hold harmless for such actions
persons withholding money or property pursuant to this chapter.
The secretary shall also, on or before the date of service
of the order to withhold and deliver, mail or cause to be
mailed by certified mail a copy of the order to withhold and
deliver to the debtor at the debtor's last known post office
address, or, in the alternative, a copy of the order to withhold
and deliver shall be served on the debtor in the same manner
as a summons in a civil action on or before the date of service
of the order or within two days thereafter. The copy of the
order shall be mailed or served together with a concise explanation of the right to petition for a hearing on any issue
related to the collection. This requirement is not jurisdictional, but, if the copy is not mailed or served as provided in
this section, or if any irregularity appears with respect to the
mailing or service, the superior court, on its discretion on
motion of the debtor promptly made and supported by affidavit showing that the debtor has suffered substantial injury due
to the failure to mail the copy, may set aside the order to withhold and deliver and award to the debtor an amount equal to
the damages resulting from the secretary's failure to serve on
or mail to the debtor the copy. [1990 c 100 § 1; 1987 c 75 §
37; 1981 c 163 § 2. Formerly RCW 74.04.710.]
43.20B.640
43.20B.640 Overpayments of assistance—Failure to
withhold property of debtor. If any person, firm, corporation, association, political subdivision, or department of the
state fails to answer an order to withhold and deliver within
the time prescribed in RCW 43.20B.635, or fails or refuses to
deliver property pursuant to the order, or after actual notice of
filing of a lien as provided for in this chapter, pays over,
releases, sells, transfers, or conveys real or personal property
subject to such lien to or for the benefit of the debtor or any
other person, or fails or refuses to surrender upon demand
property distrained under RCW 43.20B.635, or fails or
refuses to honor an assignment of wages presented by the
secretary, such person, firm, corporation, association, political subdivision, or department of the state is liable to the
department in an amount equal to one hundred percent of the
value of the debt which is the basis of the lien, order to withhold and deliver, distraint, or assignment of wages, together
with costs, interest, and reasonable attorney fees. [1987 c 75
§ 38; 1981 c 163 § 3. Formerly RCW 74.04.720.]
43.20B.645
43.20B.645 Overpayments of assistance—Assignment of earnings. Any person, firm, corporation, association, political subdivision, or department employing a person
(2004 Ed.)
Revenue Recovery for Department of Social and Health Services
owing a debt for overpayment of public assistance received
as defined in RCW 74.04.300, shall honor, according to its
terms, a duly executed assignment of earnings presented to
the employer by the secretary as a plan to satisfy or retire an
overpayment debt. This requirement to honor the assignment
of earnings is applicable whether the earnings are to be paid
presently or in the future and continues in force and effect
until released in writing by the secretary. Payment of moneys
pursuant to an assignment of earnings presented to the
employer by the secretary serves as full acquittance under
any contract of employment, and the state warrants and represents it shall defend and hold harmless such action taken
pursuant to the assignment of earnings. The secretary is
released from liability for improper receipt of moneys under
assignment of earnings upon return of any moneys so
received. [1981 c 163 § 4. Formerly RCW 74.04.730.]
43.20B.660
43.20B.660 Improper realty transfer—Suit to
rescind—Recovery from recipient's estate. If an improper
real property transfer is made as defined in RCW 74.08.331
through 74.08.338, the department may request the attorney
general to file suit to rescind the transaction except as to subsequent bona fide purchasers for value. If it is established by
judicial proceedings that a fraudulent conveyance occurred,
the value of any public assistance which has been furnished
may be recovered in any proceedings from the recipient or
the recipient's estate. [1987 c 75 § 46.]
43.20B.670
43.20B.670 Excess property assistance program—
Lien—Department as creditor. When the department provides grant assistance to persons who possess excess real
property under *RCW 74.04.005(10)(f), the department may
file a lien against, or otherwise perfect its interest in such real
property as a condition of granting such assistance, and the
department shall have the status of a secured creditor. [1985
c 245 § 10. Formerly RCW 74.04.007.]
*Reviser's note: RCW 74.04.005 was amended by 1997 c 58 § 309,
changing subsection (10)(f) to subsection (10)(g).
43.20B.675
43.20B.675 Vendor overpayments—Goods or services provided on or after July 1, 1998—Notice—Adjudicative proceeding—Enforcement—Collection—Rules.
(1) When the department determines that a vendor was overpaid by the department for either goods or services, or both,
provided to department clients, except nursing homes under
chapter 74.46 RCW, the department will give written notice
to the vendor. The notice will include the amount of the overpayment, the basis for the claim, and the rights of the vendor
under this section.
(2) The notice may be served upon the vendor in the
manner prescribed for the service of a summons in civil
action or be mailed to the vendor at the last known address by
certified mail, return receipt requested, demanding payment
within twenty days of the date of receipt.
(3) The vendor has the right to an adjudicative proceeding governed by the administrative procedure act, chapter
34.05 RCW, and the rules of the department. The vendor's
application for an adjudicative proceeding must be in writing,
state the basis for contesting the overpayment notice, and
include a copy of the department's notice. The application
(2004 Ed.)
43.20B.680
must be served on and received by the department within
twenty-eight days of the vendor's receipt of the notice of
overpayment. The vendor must serve the department in a
manner providing proof of receipt.
(4) Where an adjudicative proceeding has been
requested, the presiding or reviewing office will determine
the amount, if any, of the overpayment received by the vendor.
(5) If the vendor fails to attend or participate in the adjudicative proceeding, upon a showing of valid service, the presiding or reviewing officer may enter an administrative order
declaring the amount claimed in the notice to be assessed
against the vendor and subject to collection action by the
department.
(6) Failure to make an application for an adjudicative
proceeding within twenty-eight days of the date of notice will
result in the establishment of a final debt against the vendor
in the amount asserted by the department and that amount is
subject to collection action. The department may also charge
the vendor with any costs associated with the collection of
any final overpayment or debt established against the vendor.
(7) The department may enforce a final overpayment or
debt through lien and foreclosure, distraint, seizure and sale,
order to withhold and deliver, or other collection action available to the department to satisfy the debt due.
(8) Debts determined under this chapter are subject to
collection action without further necessity of action by a presiding or reviewing officer. The department may collect the
debt in accordance with RCW 43.20B.635, 43.20B.640, and
43.20B.680. In addition, a vendor lien may be subject to distraint and seizure and sale in the same manner as prescribed
for support liens in RCW 74.20A.130.
(9) Chapter 66, Laws of 1998 applies to overpayments
for goods or services provided on or after July 1, 1998.
(10) The department may adopt rules consistent with this
section. [1998 c 66 § 2.]
Findings—1998 c 66: "The legislature finds that more efficient and
cost-effective means are available for the collection of vendor overpayments
owed the state of Washington. The legislature further finds it desirable to
provide vendors a uniform formal appeal process that will streamline the current process for both the department of social and health services and the
vendor." [1998 c 66 § 1.]
43.20B.680
43.20B.680 Vendor overpayments—Lien or other
security—Setoff or recoupment—Exception. (1) The
department may, at the secretary's discretion, secure the
repayment of any outstanding overpayment, plus interest, if
any, through the filing of a lien against the vendor's real property, or by requiring the posting of a bond, assignment of
deposit, or some other form of security acceptable to the
department, or by doing both.
(a) Any lien shall be effective from the date of filing for
record with the county auditor of the county in which the
property is located and the lien claim shall have preference
over the claims of all unsecured creditors.
(b) The department shall review and determine the
acceptability of all other forms of security.
(c) Any bond must be issued by a company licensed as a
surety in the state of Washington.
(d) This subsection does not apply to nursing homes
licensed under chapter 18.51 RCW or portions of hospitals
[Title 43 RCW—page 117]
43.20B.685
Title 43 RCW: State Government—Executive
licensed under chapter 70.41 RCW and operating as a nursing
home, if those facilities are subject to chapter 74.46 RCW.
(2) The department may recover any overpayment, plus
interest, if any, by setoff or recoupment against subsequent
payments to the vendor. [1987 c 283 § 10.]
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
43.20B.685 Vendor overpayments—Liens—Duration—Enforcement. Liens created under RCW 43.20B.680
shall bind the affected property for a period of ten years after
the lien has been recorded or ten years after the resolution of
all good faith disputes as to the overpayment, whichever is
later. Any civil action by the department to enforce such lien
must be timely commenced before the ten-year period
expires or the lien shall be released. A civil action to enforce
such lien shall not be timely commenced unless the summons
and complaint are filed within the ten-year period in a court
having jurisdiction and service of the summons and complaint is made upon all parties in the manner prescribed by
appropriate civil court rules. [1987 c 283 § 11.]
43.20B.685
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
43.20B.688 Limitation on actions to enforce vendor
overpayment debts. Any action to enforce a vendor overpayment debt shall be commenced within six years from the
date of the department's notice to the vendor. [1987 c 283 §
15. Formerly RCW 43.20A.440.]
43.20B.688
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
Vendor overpayments: RCW 43.20B.680 through 43.20B.695.
(4) This section does not apply to:
(a) Interagency or intergovernmental transactions;
(b) Contracts for public works, goods and services procured for the exclusive use of the department, equipment, or
travel; and
(c) Contracts entered into before September 1, 1979, for
contracts with medical assistance funding, and August 23,
1983, for all other contracts. [1987 c 283 § 2; 1983 1st ex.s.
c 41 § 17. Formerly RCW 43.20A.435.]
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
Savings—1983 1st ex.s. c 41 § 17: "The enactment of section 17 of this
act shall not have the effect of terminating or in any way modifying any liability, civil or criminal, which is already in existence on August 23, 1983."
[1983 1st ex.s. c 41 § 18.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
43.20B.710
43.20B.710 Medical assistance—Improper transfer
or assignment of resources—Penalty—Presumption,
rebuttal—Attorney's fees. If cash or resources are improperly transferred or assigned under *RCW 74.09.538, a person
who knowingly or willingly receives the assets for less than
fair market value is liable for a civil penalty equal to the
uncompensated value of the cash or resources transferred or
assigned at less than fair market value. The civil penalty shall
not exceed the cost of assistance rendered by the department
to the applicant or recipient. The person may rebut the presumption that the transfer or assignment was made for the
purpose of enabling the applicant or recipient to qualify or
continue to qualify for assistance. The prevailing party in
such an action shall be awarded reasonable attorney's fees.
[1987 c 75 § 47.]
*Reviser's note: RCW 74.09.538 was repealed by 1989 c 87 § 11.
43.20B.690
43.20B.690 Vendor overpayments—Remedies nonexclusive. The remedies under RCW 43.20B.680 and
43.20B.685 are nonexclusive and nothing contained in this
chapter may be construed to impair or affect the right of the
department to maintain a civil action or to pursue any other
remedies available to it under the laws of this state to recover
such debt. [1987 c 283 § 12.]
Severability—Savings—1987 c 283: See notes following RCW
43.20A.020.
43.20B.695 Vendor overpayments—Interest—
Exceptions. (1) Except as provided in subsection (4) of this
section, vendors shall pay interest on overpayments at the
rate of one percent per month or portion thereof. Where partial repayment of an overpayment is made, interest accrues on
the remaining balance. Interest will not accrue when the overpayment occurred due to department error.
(2) If the overpayment is discovered by the vendor prior
to discovery and notice by the department, the interest shall
begin accruing ninety days after the vendor notifies the
department of such overpayment.
(3) If the overpayment is discovered by the department
prior to discovery and notice by the vendor, the interest shall
begin accruing as follows, whichever occurs first:
(a) Thirty days after the date of notice by the department
to the vendor; or
(b) Ninety days after the date of overpayment to the vendor.
43.20B.695
[Title 43 RCW—page 118]
Transfer of spousal resources: RCW 74.09.530 through 74.09.595.
43.20B.720
43.20B.720 Recipient receiving industrial insurance
compensation—Subrogation rights of department—
Lien—Withhold and deliver notice. (1) To avoid a duplicate payment of benefits, a recipient of public assistance from
the department of social and health services is deemed to
have subrogated the department to the recipient's right to
recover temporary total disability compensation due to the
recipient and the recipient's dependents under Title 51 RCW,
to the extent of such assistance or compensation, whichever
is less. However, the amount to be repaid to the department of
social and health services shall bear its proportionate share of
attorney's fees and costs, if any, incurred under Title 51 RCW
by the recipient or the recipient's dependents.
(2) The department of social and health services may
assert and enforce a lien and notice to withhold and deliver to
secure reimbursement. The department shall identify in the
lien and notice to withhold and deliver the recipient of public
assistance and temporary total disability compensation and
the amount claimed by the department. [1997 c 130 § 1; 1985
c 245 § 7; 1982 c 201 § 17; 1973 1st ex.s. c 102 § 1. Formerly
RCW 74.04.530.]
43.20B.730
43.20B.730 Recipient receiving industrial insurance
compensation—Effective date of lien and notice—Service. The effective date of the lien and notice to withhold and
deliver provided in RCW 43.20B.720 is the day that it is
(2004 Ed.)
Department of Ecology
received by the department of labor and industries or a selfinsurer as defined in chapter 51.08 RCW. Service of the lien
and notice to withhold and deliver may be made personally,
by regular mail with postage prepaid, or by electronic means.
A statement of lien and notice to withhold and deliver shall
be mailed to the recipient at the recipient's last known address
by certified mail, return receipt requested, no later than two
business days after the department mails, delivers, or transmits the lien and notice to withhold and deliver to the department of labor and industries or a self-insurer. [1997 c 130 §
2; 1987 c 75 § 34; 1985 c 245 § 9; 1973 1st ex.s. c 102 § 3.
Formerly RCW 74.04.550.]
43.20B.735
43.20B.735 Recipient receiving industrial insurance
compensation—Duty to withhold and deliver—Amount.
The director of labor and industries or the director's designee,
or a self-insurer as defined in chapter 51.08 RCW, following
receipt of the lien and notice to withhold and deliver, shall
deliver to the secretary of social and health services or the
secretary's designee any temporary total disability compensation payable to the recipient named in the lien and notice to
withhold and deliver up to the amount claimed. The director
of labor and industries or self-insurer shall withhold and
deliver from funds currently in the director's or self-insurer's
possession or from any funds that may at any time come into
the director's or self-insurer's possession on account of temporary total disability compensation payable to the recipient
named in the lien and notice to withhold and deliver. [1997 c
130 § 3; 1973 1st ex.s. c 102 § 4. Formerly RCW 74.04.560.]
43.20B.740
43.20B.740 Recipient receiving industrial insurance
compensation—Adjudicative proceeding—Collection
pending final order. A recipient feeling aggrieved by the
action of the department of social and health services in
recovering his or her temporary total disability compensation
as provided in RCW 43.20B.720 through 43.20B.745 shall
have the right to an adjudicative proceeding.
A recipient seeking an adjudicative proceeding shall file
an application with the secretary within twenty-eight days
after the statement of lien and notice to withhold and deliver
was mailed to the recipient. If the recipient files an application more than twenty-eight days after, but within one year
of, the date the statement of lien and notice to withhold and
deliver was mailed, the recipient is entitled to a hearing if the
recipient shows good cause for the recipient's failure to file a
timely application. The filing of a late application does not
affect prior collection action pending the final adjudicative
order. Until good cause for failure to file a timely application
is decided, the department may continue to collect under the
lien and notice to withhold and deliver.
The proceeding shall be governed by chapter 34.05
RCW, the Administrative Procedure Act. [1997 c 130 § 4;
1989 c 175 § 101; 1987 c 75 § 35; 1973 1st ex.s. c 102 § 5.
Formerly RCW 74.04.570.]
Effective date—1989 c 175: See note following RCW 34.05.010.
43.20B.745
43.20B.745 Recipient receiving industrial insurance
compensation—Application. RCW 43.20B.720 through
43.20B.745 shall not apply to persons whose eligibility for
benefits under Title 51 RCW, is based upon an injury or ill(2004 Ed.)
Chapter 43.21A
ness occurring prior to July 1, 1972. [1987 c 75 § 36; 1973
1st ex.s. c 102 § 6. Formerly RCW 74.04.580.]
CONSTRUCTION
43.20B.900
43.20B.900 Savings—1987 c 75. The enactment of this
act shall not have the effect of terminating or in any way
modifying any liability, civil or criminal, which is already in
existence on July 26, 1987. [1987 c 75 § 48.]
43.20B.901
43.20B.901 Severability—1987 c 75. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 75 § 51.]
Chapter 43.21A
Chapter 43.21A RCW
DEPARTMENT OF ECOLOGY
Sections
43.21A.005 Intent—Public involvement and outreach.
43.21A.010 Legislative declaration of state policy on environment and utilization of natural resources.
43.21A.020 Purpose.
43.21A.030 Definitions.
43.21A.040 Department of ecology—Created.
43.21A.050 Department of ecology—Director—Appointment—Powers
and duties—Salary—Temporary appointment when
vacancy.
43.21A.061 Powers and duties—Reclamation.
43.21A.064 Powers and duties—Water resources.
43.21A.067 Water resources—"Basic data fund" created.
43.21A.068 Federal power act licensees—Exemption from state requirements.
43.21A.069 Powers and duties—Flood control.
43.21A.070 Application of administrative procedure act to the review of
decisions by director.
43.21A.080 Rule-making authority.
43.21A.085 Technical assistance officer and units—Coordination of voluntary compliance with regulatory laws.
43.21A.087 Technical assistance officer and units—Authority to issue
orders or assess penalties.
43.21A.090 Powers, duties and functions transferred to department to be
performed by director—Delegation by director, limitations.
43.21A.100 Departmental administrative divisions—Deputy director,
duties—Assistant directors, duties—As exempt from state
civil service law—Salaries.
43.21A.120 Director to employ personnel—Application of state civil service law.
43.21A.130 Studies—Limitations.
43.21A.140 Director to consult with department, state board of health.
43.21A.150 Director to consult with other states, federal government and
Canadian provinces—Authority to receive and disburse
grants, funds and gifts.
43.21A.155 Environmental excellence program agreements—Effect on
chapter.
43.21A.160 Request for certification of records as confidential—Procedure.
43.21A.165 Environmental technology—Review of certification programs—Demonstration activities.
43.21A.175 Environmental certification programs—Fees—Rules—Liability.
43.21A.230 Certification of environmental laboratories authorized—
Fees—Use of certified laboratories by persons submitting
data or results to department.
43.21A.235 Exemption from laboratory certification and fee requirements.
43.21A.250 Pollution control hearings board of the state as affecting
department, director and commission.
43.21A.350 Master plan of development.
43.21A.355 Master plan of development—Public hearings.
43.21A.405 Marine pollution—Baseline study program—Legislative finding and declaration.
43.21A.410 Marine pollution—Baseline study program established—Utilization of related programs—Coordination—Contracts.
[Title 43 RCW—page 119]
43.21A.005
Title 43 RCW: State Government—Executive
43.21A.415 Marine pollution—Baseline study program—Scope of data
base produced.
43.21A.420 Marine pollution—Baseline study program—Priority factors.
43.21A.430 Catalytic converters in police, ambulance or emergency aid
vehicles—Department's powers restricted in respect thereto.
43.21A.440 Department authorized to participate in and administer federal
Comprehensive Environmental Response, Compensation
and Liability Act.
43.21A.445 Departments authorized to participate in and administer federal Safe Drinking Water Act—Agreements with other
departments.
43.21A.450 Control of outflow and level of Lake Osoyoos—Lake Osoyoos
International Water Control Structure authorized.
43.21A.470 Yakima enhancement project—Duties—Request for congressional authorization for pipeline.
43.21A.510 State environmental profile.
43.21A.515 Assistance to businesses interested in locating in Washington
required—Information on environmental laws and regulations to be provided.
43.21A.520 Environmental excellence awards program for products.
43.21A.600 Powers and duties—Electric power resources.
43.21A.605 Development of electric power resources—Cooperation with
governmental units.
43.21A.610 Steam electric generating plant—Study—Construction.
43.21A.612 Steam electric generating plant—Statement of intention—
Construction by public utility, operating agency, or the
department, procedure—Powers of director of community,
trade, and economic development.
43.21A.614 Steam electric generating plant—Powers of director in constructing, operating and maintaining.
43.21A.616 Steam electric generating plant—Eminent domain.
43.21A.618 Steam electric generating plant—State not financially obligated—Separation and expenditure of funds.
43.21A.620 Steam electric generating plant—Revenue bonds and warrants.
43.21A.622 Steam electric generating plant—Special funds—Payment of
bonds, interest.
43.21A.624 Steam electric generating plant—Considerations in issuance
of bonds, limitations.
43.21A.626 Steam electric generating plant—Resolution authorizing issuance of bonds, contents, covenants.
43.21A.628 Steam electric generating plant—Sale of bonds.
43.21A.630 Steam electric generating plant—Examination, registration of
bonds by state auditor—Defects, irregularities.
43.21A.632 Steam electric generating plant—Rates or charges.
43.21A.634 Steam electric generating plant—Refunding revenue bonds.
43.21A.636 Steam electric generating plant—Signatures on bonds.
43.21A.638 Steam electric generating plant—Provisions of law, resolution, a contract with bondholder—Enforcement.
43.21A.640 Steam electric generating plant—Bonds are legal security,
investment, negotiable.
43.21A.642 Steam electric generating plant—Director not authorized to
acquire other facilities or engage in retail distribution.
43.21A.650 Freshwater aquatic weeds account.
43.21A.660 Freshwater aquatic weeds management program.
43.21A.662 Freshwater aquatic weeds management program—Advisory
committee.
43.21A.670 Senior environmental corps—Department powers and duties.
43.21A.680 Solid waste plan advisory committee abolished.
43.21A.690 Cost-reimbursement agreements.
43.21A.900 Chapter to be liberally construed.
43.21A.910 Savings—Permits, standards not affected—Severability—
Effective date—1970 ex.s. c 62.
Funding for radiation monitoring programs, department of ecology to seek:
RCW 70.98.122.
Metals mining and milling operations, department of ecology responsibilities: Chapter 78.56 RCW.
Minimum flows and levels—Departmental authority exclusive—Other recommendations considered: RCW 90.03.247.
43.21A.005
43.21A.005 Intent—Public involvement and outreach. See RCW 43.20A.005.
ant environment and to benefit from the proper development
and use of its natural resources. The legislature further recognizes that as the population of our state grows, the need to
provide for our increasing industrial, agricultural, residential,
social, recreational, economic and other needs will place an
increasing responsibility on all segments of our society to
plan, coordinate, restore and regulate the utilization of our
natural resources in a manner that will protect and conserve
our clean air, our pure and abundant waters, and the natural
beauty of the state. [1970 ex.s. c 62 § 1.]
Savings—Other powers and rights not affected—Permits, standards, not affected—1970 ex.s. c 62: "The provisions of this act shall not
impair or supersede the powers or rights of any person, committee, association, public, municipal or private corporations, state or local governmental
agency, federal agency, or political subdivision of the state of Washington
under any other law except as specifically provided herein. Pollution control
permits, water quality standards, air pollution permits, air quality standards,
and permits for disposal of solid waste materials of this state are not changed
hereby and the laws governing the same are to be protected and preserved."
[1970 ex.s. c 62 § 61.]
Effective date—1970 ex.s. c 62: "This 1970 amendatory act shall take
effect on July 1, 1970." [1970 ex.s. c 62 § 64.]
Severability—1970 ex.s. c 62: "If any provision of this 1970 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances, shall not be affected." [1970 ex.s. c 62 § 65.]
43.21A.020
43.21A.020 Purpose. In recognition of the responsibility of state government to carry out the policies set forth in
RCW 43.21A.010, it is the purpose of this chapter to establish a single state agency with the authority to manage and
develop our air and water resources in an orderly, efficient,
and effective manner and to carry out a coordinated program
of pollution control involving these and related land
resources. To this end a department of ecology is created by
this chapter to undertake, in an integrated manner, the various
water regulation, management, planning and development
programs now authorized to be performed by the department
of water resources and the water pollution control commission, the air regulation and management program now performed by the state air pollution control board, the solid
waste regulation and management program authorized to be
performed by state government as provided by chapter 70.95
RCW, and such other environmental, management protection
and development programs as may be authorized by the legislature. [1970 ex.s. c 62 § 2.]
43.21A.030 Definitions. As used in this chapter, unless
the context indicates otherwise:
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of
ecology.
(3) "Commission" means the ecological commission.
[1970 ex.s. c 62 § 3.]
43.21A.030
43.21A.040 Department of ecology—Created. There
is created a department of state government to be known as
the department of ecology. [1970 ex.s. c 62 § 4.]
43.21A.040
43.21A.010
43.21A.010 Legislative declaration of state policy on
environment and utilization of natural resources. The
legislature recognizes and declares it to be the policy of this
state, that it is a fundamental and inalienable right of the people of the state of Washington to live in a healthful and pleas[Title 43 RCW—page 120]
43.21A.050 Department of ecology—Director—
Appointment—Powers and duties—Salary—Temporary
appointment when vacancy. The executive and administrative head of the department shall be the director. The director
43.21A.050
(2004 Ed.)
Department of Ecology
shall be appointed by the governor with the consent of the
senate. He shall have complete charge of and supervisory
powers over the department. He shall be paid a salary fixed
by the governor in accordance with the provisions of RCW
43.03.040. If a vacancy occurs in the position of director
while the senate is not in session, the governor shall make a
temporary appointment until the next meeting of the senate at
which time he shall present to that body his nomination for
the position. [1970 ex.s. c 62 § 5.]
43.21A.061 Powers and duties—Reclamation. The
department of ecology shall exercise all the powers and perform all the duties prescribed by law with respect to the reclamation and development of arid, swamp, overflow, and
logged-off lands in the state and such other duties as may be
prescribed by law. [1987 c 109 § 26; 1965 c 8 § 43.21.110.
Prior: 1921 c 7 § 70; RRS § 10828. Formerly RCW
43.21.110.]
43.21A.061
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
43.21A.064 Powers and duties—Water resources.
Subject to RCW 43.21A.068, the director of the department
of ecology shall have the following powers and duties:
(1) The supervision of public waters within the state and
their appropriation, diversion, and use, and of the various
officers connected therewith;
(2) Insofar as may be necessary to assure safety to life or
property, the director shall inspect the construction of all
dams, canals, ditches, irrigation systems, hydraulic power
plants, and all other works, systems, and plants pertaining to
the use of water, and may require such necessary changes in
the construction or maintenance of said works, to be made
from time to time, as will reasonably secure safety to life and
property;
(3) The director shall regulate and control the diversion
of water in accordance with the rights thereto;
(4) The director shall determine the discharge of streams
and springs and other sources of water supply, and the capacities of lakes and of reservoirs whose waters are being or may
be utilized for beneficial purposes;
(5) The director shall, if requested, provide assistance to
an applicant for a water right in obtaining or developing an
adequate and appropriate supply of water consistent with the
land use permitted for the area in which the water is to be
used and the population forecast for the area under RCW
43.62.035. If the applicant is a public water supply system,
the supply being sought must be used in a manner consistent
with applicable land use, watershed and water system plans,
and the population forecast for that area provided under
RCW 43.62.035;
(6) The director shall keep such records as may be necessary for the recording of the financial transactions and statistical data thereof, and shall procure all necessary documents,
forms, and blanks. The director shall keep a seal of the office,
and all certificates covering any of the director's acts or the
acts of the director's office, or the records and files of that
office, under such seal, shall be taken as evidence thereof in
all courts;
(7) The director shall render when required by the governor, a full written report of the office's work with such recom43.21A.064
(2004 Ed.)
43.21A.068
mendations for legislation as the director deems advisable for
the better control and development of the water resources of
the state;
(8) The director and duly authorized deputies may
administer oaths;
(9) The director shall establish and promulgate rules
governing the administration of chapter 90.03 RCW;
(10) The director shall perform such other duties as may
be prescribed by law. [1997 c 443 § 2; 1995 c 8 § 3; 1977 c
75 § 46; 1965 c 8 § 43.21.130. Prior: 1961 c 19 § 1; prior: (i)
1951 c 57 § 3; 1921 c 7 § 72; RRS § 10830. (ii) 1951 c 57 §
3; 1917 c 117 § 8; RRS § 7358. Formerly RCW 43.21.130.]
Finding—Intent—1997 c 443: "The legislature finds that there is a
need for development of additional water resources to meet the forecasted
population growth in the state. It is the intent of chapter 443, Laws of 1997
to direct the responsible agencies to assist applicants seeking a safe and reliable water source for their use. Providing this assistance for public water
supply systems can be accomplished through assistance in the creation of
municipal interties and transfers, additional storage capabilities, enhanced
conservation efforts, and added efficiency standards for using existing supplies." [1997 c 443 § 1.]
Findings—1995 c 8: "The legislature finds and declares:
(1) The federal energy regulatory commission, under the federal power
act, licenses hydropower projects in navigable waters and regularly and
extensively inspects facilities for safety; and
(2) Nothing in this act alters or affects the department of ecology's
authority to: (a) Participate in the federal process of licensing hydropower
projects; or (b) ensure that hydropower projects comply with federal statutes
such as the coastal zone management act and the clean water act and, subject
to RCW 43.21A.068, all applicable state law." [1995 c 8 § 1.]
Review of permit applications to divert and store water, water flow policy:
RCW 77.55.050.
Water power development, license fees: RCW 90.16.050, 90.16.060,
90.16.090.
43.21A.067
43.21A.067 Water resources—"Basic data fund"
created. The director of ecology may create within his
department a fund to be known as the "basic data fund."
Into such fund shall be deposited all moneys contributed
by persons for stream flow, ground water and water quality
data or other hydrographic information furnished by the
department in cooperation with the United States geological
survey, and the fund shall be expended on a matching basis
with the United States geological survey for the purpose of
obtaining additional basic information needed for an intelligent inventory of water resources in the state.
Disbursements from the basic data fund shall be on
vouchers approved by the department and the district engineer of the United States geological survey. [1987 c 109 §
27; 1967 c 53 § 1; 1965 c 8 § 43.21.140. Prior: 1951 c 57 §
4; 1943 c 30 § 1; Rem. Supp. 1943 § 5505-1. Formerly RCW
43.21.140.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
43.21A.068
43.21A.068 Federal power act licensees—Exemption
from state requirements. (1) With respect to the safety of
any dam, canal, ditch, hydraulic power plant, reservoir,
project, or other work, system, or plant that requires a license
under the federal power act, no licensee shall be required to:
(a) Submit proposals, plans, specifications, or other documents for approval by the department;
(b) Seek a permit, license, or other form, permission, or
authorization from the department;
[Title 43 RCW—page 121]
43.21A.069
Title 43 RCW: State Government—Executive
(c) Submit to inspection by the department; or
(d) Change the design, construction, modification, maintenance, or operation of such facilities at the demand of the
department.
(2) For the purposes of this section, "licensee" means an
owner or operator, or any employee thereof, of a dam, canal,
ditch, hydraulic power plant, reservoir, project, or other
work, system, or plant that requires a license under the federal power act. [1995 c 8 § 2.]
Findings—1995 c 8: See note following RCW 43.21A.064.
43.21A.069
43.21A.069 Powers and duties—Flood control. The
department of ecology shall exercise all the powers and perform all the duties prescribed by law with respect to flood
control. [1987 c 109 § 28; 1965 c 8 § 43.21.160. Prior: 1941
c 204 § 2, part; Rem. Supp. 1941 § 9663F-2, part. Formerly
RCW 43.21.160.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
43.21A.070
43.21A.070 Application of administrative procedure
act to the review of decisions by director. The administrative procedure act, chapter 34.05 RCW, shall apply to the
review of decisions by the director to the same extent as it
applied to decisions issued by the directors of the various
departments whose powers, duties and functions are transferred by chapter 62, Laws of 1970 ex. sess. to the department
of ecology. The administrative procedure act shall further
apply to all other decisions of the director as in chapter 34.05
RCW provided. [1970 ex.s. c 62 § 7.]
43.21A.080
43.21A.080 Rule-making authority. The director of
the department of ecology is authorized to adopt such rules
and regulations as are necessary and appropriate to carry out
the provisions of this chapter: PROVIDED, That the director
may not adopt rules after July 23, 1995, that are based solely
on a section of law stating a statute's intent or purpose, on the
enabling provisions of the statute establishing the agency, or
on any combination of such provisions, for statutory authority to adopt the rule. [1995 c 403 § 103; 1970 ex.s. c 62 § 8.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.21A.085
43.21A.085 Technical assistance officer and units—
Coordination of voluntary compliance with regulatory
laws. The department, to the greatest extent possible, within
available resources and without jeopardizing the department's ability to carry out its legal responsibilities, may designate one or more of its employees as a technical assistance
officer, and may organize the officers into one or more technical assistance units within the department. The duties of a
technical assistance officer are to coordinate voluntary compliance with the regulatory laws administered by the department and to provide technical assistance concerning compliance with the laws. [1992 c 19 § 1.]
43.21A.087
43.21A.087 Technical assistance officer and units—
Authority to issue orders or assess penalties. (1) An
[Title 43 RCW—page 122]
employee designated by the department as a technical assistance officer or as a member of a technical assistance unit
may not, during the period of the designation, have authority
to issue orders or assess penalties on behalf of the department. Such an employee who provides on-site consultation at
an industrial or commercial facility and who observes violations of the law shall inform the owner or operator of the
facility of the violations. On-site consultation visits by such
an employee may not be regarded as inspections or investigations and no notices or citations may be issued or civil penalties assessed during such a visit. However, violations of the
law must be reported to the appropriate officers within the
department. If the owner or operator of the facility does not
correct the observed violations within a reasonable time, the
department may reinspect the facility and take appropriate
enforcement action. If a technical assistance officer or member of a technical assistance unit observes a violation of the
law that places a person in danger of death or substantial
bodily harm, or has caused or is likely to cause physical damage to the property of others in an amount exceeding one
thousand dollars, the department may initiate enforcement
action immediately upon observing the violation.
(2) The state, the department, and officers or employees
of the state shall not be liable for damages to a person to the
extent that liability is asserted to arise from the performance
by technical assistance officers of their duties, or if liability is
asserted to arise from the failure of the department to supply
technical assistance. [1992 c 19 § 2.]
43.21A.090
43.21A.090 Powers, duties and functions transferred
to department to be performed by director—Delegation
by director, limitations. All powers, duties and functions
transferred to the department by the terms of chapter 62,
Laws of 1970 ex. sess. shall be performed by the director:
PROVIDED, That the director may delegate, by appropriate
rule or regulation, the performance of such of his powers,
duties, and functions, other than those relating to the adoption, amendment or rescission of rules and regulations, to
employees of the department whenever it appears desirable in
fulfilling the policy and purposes of this chapter. [1970 ex.s.
c 62 § 9.]
43.21A.100
43.21A.100 Departmental administrative divisions—
Deputy director, duties—Assistant directors, duties—As
exempt from state civil service law—Salaries. In order to
obtain maximum efficiency and effectiveness within the
department, the director may create such administrative divisions within the department as he deems necessary. The
director shall appoint a deputy director as well as such assistant directors as shall be needed to administer the several
divisions within the department. The deputy director shall
have charge and general supervision of the department in the
absence or disability of the director. In the case of a vacancy
in the office of director, the deputy director shall administer
the department until the governor appoints a successor to the
director or an acting director. The officers appointed under
this section and exempt from the provisions of the state civil
service law as provided in RCW 41.06.073, shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for offic(2004 Ed.)
Department of Ecology
ers exempt from the operation of the state civil service law.
[1970 ex.s. c 62 § 10.]
43.21A.120
43.21A.120 Director to employ personnel—Application of state civil service law. The director shall have the
power to employ such personnel as may be necessary for the
general administration of this chapter: PROVIDED, That
except as specified in RCW 41.06.073, such employment
shall be in accordance with the rules of the state civil service
law, chapter 41.06 RCW. [1970 ex.s. c 62 § 12.]
43.21A.175
other public agencies, for the purpose of carrying out the provisions of this chapter. [1970 ex.s. c 62 § 15.]
43.21A.155
43.21A.155 Environmental excellence program
agreements—Effect on chapter. Notwithstanding any
other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement,
entered into under chapter 43.21K RCW. [1997 c 381 § 20.]
Purpose—1997 c 381: See RCW 43.21K.005.
43.21A.130
43.21A.130 Studies—Limitations. (1) In addition to
any other powers granted the director, the director may
undertake studies dealing with all aspects of environmental
problems involving land, water, or air; however, in the
absence of specific legislative authority, such studies shall be
limited to investigations of particular problems, and shall not
be implemented by positive action.
(2)(a) Any studies conducted by the department to establish the total maximum daily load of a water body under
chapter 90.48 RCW must involve meaningful participation
and opportunities to comment by the local watershed planning group established in chapter 90.82 RCW, the local governments whose jurisdictions are within the affected watershed, and any affected or concerned citizen who notifies the
department of his or her interest in participating. Technical or
procedural disputes or disagreements that arise during the
participation and comment process may be presented to the
director for review. The director shall conduct a review of the
disputed items and issue written findings and conclusions to
all interested participants.
(b) If a study conducted on the total maximum daily load
of a water body may affect a new or renewed national pollution discharge elimination permit under chapter 90.48 RCW,
the department must disclose prior to the finalization of the
study the precision and accuracy of data collected, computer
models developed, and assumptions used. [2002 c 364 § 1;
1987 c 505 § 28; 1980 c 87 § 22; 1970 ex.s. c 62 § 13.]
43.21A.140
43.21A.140 Director to consult with department,
state board of health. The director in carrying out his powers and duties under this chapter shall consult with the department of social and health services and the state board of
health, or their successors, insofar as necessary to assure that
those agencies concerned with the preservation of life and
health may integrate their efforts to the fullest extent possible
and endorse policies in common. [1979 c 141 § 67; 1970
ex.s. c 62 § 14.]
43.21A.150
43.21A.150 Director to consult with other states, federal government and Canadian provinces—Authority to
receive and disburse grants, funds and gifts. The director,
whenever it is lawful and feasible to do so, shall consult and
cooperate with the federal government, as well as with other
states and Canadian provinces, in the study and control of
environmental problems. On behalf of the department, the
director is authorized to accept, receive, disburse, and administer grants or other funds or gifts from any source, including
private individuals or agencies, the federal government, and
(2004 Ed.)
43.21A.160
43.21A.160 Request for certification of records as
confidential—Procedure. Whenever any records or other
information furnished under the authority of this chapter to
the director, the department, or any division of the department, relate to the processes of production unique to the
owner or operator thereof, or may affect adversely the competitive position of such owner or operator if released to the
public or to a competitor, the owner or operator of such processes or production may so certify, and request that such
information or records be made available only for the confidential use of the director, the department, or the appropriate
division of the department. The director shall give consideration to the request, and if such action would not be detrimental to the public interest and is otherwise within accord with
the policies and purposes of this chapter, may grant the same.
[1970 ex.s. c 62 § 16.]
43.21A.165
43.21A.165 Environmental technology—Review of
certification programs—Demonstration activities. (1)
The legislature finds that:
(a) New and innovative environmental technologies can
help improve environmental quality at lower costs;
(b) Current regulatory processes often include permits or
approvals that require applicants to duplicate costly technical
analysis;
(c) The commercialization of innovative environmental
technologies can be discouraged due to the costs of repeated
environmental analysis;
(d) The regulatory process can be improved by sharing
and relying on information generated through demonstration
projects and technical certification programs; and
(e) Other states have developed programs to certify environmental technologies in order to streamline the permitting
process and to encourage use of environmental technologies.
(2) The legislature therefore declares that the department
shall:
(a) Review environmental technology certification programs established by other states or federal agencies, and
enter into agreements to use the information from these programs if the department finds that this information will
improve the efficiency and effectiveness of the state's environmental regulatory process; and
(b) Participate in technology demonstration activities
that support the state's needs for environmental technology.
[1997 c 419 § 1.]
43.21A.175
43.21A.175 Environmental certification programs—
Fees—Rules—Liability. (1) At the request of a project pro[Title 43 RCW—page 123]
43.21A.230
Title 43 RCW: State Government—Executive
ponent, the department shall consider information developed
through a certification program when making permit or other
regulatory decisions. The department may not require duplicative demonstration of such information, but may require
additional information as necessary to assure that state
requirements are met. A local government that has a regulatory authority delegated by the department may use information developed through a certification program when making
permit or other regulatory decisions.
(2) The department shall develop a certification program
for technologies for remediation of radioactive and mixed
waste, as those terms are defined in chapter 70.105 RCW, if
all program development and operational costs are paid by
the federal government or persons seeking certification of the
technologies.
(3) Following the development of the certification program in subsection (2) of this section, the department may
use the policies and procedures of that program on a pilot
basis to evaluate the use of certification for site remediation
technologies and other environmental technologies, if the
operational costs of the certification are paid by the federal
government or persons seeking certification of such technologies.
(4) The department shall charge a reasonable fee to
recover the operational costs of certifying a technology.
(5) Subsections (1), (3), and (4) of this section apply to
permit and other regulatory decisions made under the following: Chapters 70.94, 70.95, 70.105, 70.105D, 70.120,
70.138, 90.48, 90.54, and 90.56 RCW.
(6) For the purposes of this section, "certification program" means a program, developed or approved by the
department, to certify the quantitative performance of an
environmental technology over a specified range of parameters and conditions. Certification of a technology does not
imply endorsement of a specific technology by the department, or a guarantee of the performance of a technology.
(7) The department may adopt rules as necessary to
implement the requirements of subsections (2) and (3) of this
section, and establish requirements and procedures for evaluation and certification of environmental technologies.
(8) The state, the department, and officers and employees of the state shall not be liable for damages resulting from
the utilization of information developed through a certification program, or from a decision to certify or deny certification to an environmental technology. Actions of the department under this section are not decisions reviewable under
RCW 43.21B.110. [1997 c 419 § 2.]
43.21A.230 Certification of environmental laboratories authorized—Fees—Use of certified laboratories by
persons submitting data or results to department. The
director of ecology may certify environmental laboratories
which conduct tests or prepare data for submittal to the
department. Fees for certification may be charged by the
department to cover the department's costs. Such certification
may consider:
(1) Evaluating protocols and procedures;
(2) Determining the accuracy and reliability of test
results, including internal quality assurance and quality control procedures and proficiency at analyzing test samples supplied by the department;
43.21A.230
[Title 43 RCW—page 124]
(3) Certifying laboratories based on prior certification
by another state or federal agency whose certification
requirements are deemed satisfactory by the director; and
(4) Such other factors as the director considers appropriate.
The director of ecology may require that any person submitting laboratory data or test results to the department use
laboratories certified by the department or laboratories which
participate in quality assurance programs administered by the
federal environmental protection agency.
Persons receiving a federal permit for wastewater discharge who operate a lab solely for their own use and who
require certification for only conventional pollutants shall not
be charged an annual certification fee in excess of the actual
costs of providing the certification or four thousand dollars,
whichever is less. Conventional pollutants as used in this subsection means those conventional pollutants regulated under
the federal clean water act (33 U.S.C. Sec. 1314).
Fees and lab quality control requirements for persons
receiving state or federal wastewater discharge permits shall
not be implemented before September 30, 1988. The department shall not duplicate any laboratory quality control
requirements imposed by the United States environmental
protection agency. [1987 c 481 § 1.]
43.21A.235
43.21A.235 Exemption from laboratory certification
and fee requirements. Laboratories owned by persons holding wastewater discharge permits and operated solely for
their own use which participate in quality assurance programs administered by the federal environmental protection
agency shall be exempt from certification and fee requirements for the specific methods and tests which are the subject
of such quality assurance programs. [1987 c 481 § 2.]
43.21A.250
43.21A.250 Pollution control hearings board of the
state as affecting department, director and commission.
See chapter 43.21B RCW.
43.21A.350
43.21A.350 Master plan of development. The department of ecology shall prepare and perfect from time to time a
state master plan for flood control, state public reservations,
financed in whole or in part from moneys collected by the
state, sites for state public buildings and for the orderly development of the natural and agricultural resources of the state.
The plan shall address how the department will expedite the
completion of industrial projects of statewide significance.
The plan shall be a guide in making recommendations to the
officers, boards, commissions, and departments of the state.
Whenever an improvement is proposed to be established
by the state, the state agency having charge of the establishment thereof shall request of the director a report thereon,
which shall be furnished within a reasonable time thereafter.
In case an improvement is not established in conformity with
the report, the state agency having charge of the establishment thereof shall file in its office and with the department a
statement setting forth its reasons for rejecting or varying
from such report which shall be open to public inspection.
The department shall insofar as possible secure the cooperation of adjacent states, and of counties and municipalities
within the state in the coordination of their proposed
(2004 Ed.)
Department of Ecology
improvements with such master plan. [1997 c 369 § 6; 1987
c 109 § 29; 1965 c 8 § 43.21.190. Prior: 1957 c 215 § 22;
1933 ex.s. c 54 § 3; RRS § 10930-3. Formerly RCW
43.21.190.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Industrial project of statewide significance—Defined: RCW 43.157.010.
43.21A.355
43.21A.355 Master plan of development—Public
hearings. The director may hold public hearings, in connection with any duty prescribed in RCW 43.21A.350 and may
compel the attendance of witnesses and the production of evidence. [1988 c 127 § 7; 1965 c 8 § 43.21.200. Prior: 1957 c
215 § 23; 1933 ex.s. c 54 § 4; RRS § 10930-4. Formerly
RCW 43.21.200.]
43.21A.440
oping a methodology for implementing the reduction of risks,
and as aids to maintaining water quality standards.
A baseline study program shall take full advantage of the
data and information produced by related programs, such as
the marine ecosystems analysis (MESA) program of the
national oceanic and atmospheric administration, studies and
inventories made pursuant to the state shorelines management act of 1971, and others. All phases of the program,
including planning, operations, data analysis, interpretation,
storage, retrieval, and dissemination phases, shall be coordinated to the greatest possible extent with appropriate governmental, academic, and industrial organizations. Whenever
possible, the department shall contract with existing state
agencies, boards, commissions, and institutions of higher
education for the scientific investigation programs to be conducted. [1973 2nd ex.s. c 30 § 2.]
43.21A.405
43.21A.405 Marine pollution—Baseline study program—Legislative finding and declaration. The legislature recognizes that there exists a great risk of potential damage from oil pollution of the waters of the state of Washington and further declares that immediate steps must be
undertaken to reduce this risk. The legislature also is aware
that such danger is expected to increase in future years in proportion to the increase in the size and cargo capacity of ships,
barges, and other waterborne carriers, the construction and
operational characteristics of these carriers, the density of
waterborne traffic, and the need for a greater supply of petroleum products.
A program of systematic baseline studies to be conducted by the department of ecology has been recognized as
a vital part of the efforts to reduce the risk of oil pollution of
marine waters, and the legislature recognizes that many factors combine to make this effort one of considerable magnitude and difficulty. The marine shoreline of the state is about
two thousand seven hundred miles long, a greater length than
the combined coastlines of Oregon and California. There are
some three million acres of submerged land and more than
three hundred islands in these marine waters. The average
depth of Puget Sound is two hundred twenty feet. There is a
great diversity of animal life in the waters of the state. These
waters have a multitude of uses by both humans and nonhumans, and the interaction between man's activities and natural processes in these waters varies greatly with locale. [1973
2nd ex.s. c 30 § 1.]
Oil and hazardous substances pollution: RCW 90.56.010 through
90.56.280.
43.21A.410
43.21A.410 Marine pollution—Baseline study program established—Utilization of related programs—
Coordination—Contracts. As part of the state effort to prevent and control oil pollution, a continuing, comprehensive
program of systematic baseline studies for the waters of the
state shall be established by the department of ecology. Full
utilization of related historical data shall be made in planning
these studies. Data from these and other scientific investigations m ade pur su an t to RCW 4 3.21 A.4 05 thr ou gh
43.21A.420 should, whenever possible, have multiple use,
including use as supporting evidence of environmental damage resulting from oil pollution, as indicators of the potential
or existing risks and impacts of oil pollution, as aids to devel(2004 Ed.)
43.21A.415
43.21A.415 Marine pollution—Baseline study program—Scope of data base produced. The data base produced by such studies should include chemical, physical, and
biological parameters of the waters, complete information on
marine pollution accidents, and an economic evaluation of
the marine resources and shoreline properties that may be
damaged or impaired by oil pollution. Where oceanographic
and water quality instrumentation is used to gather data, such
instruments shall be standardized and intercalibrated. [1973
2nd ex.s. c 30 § 3.]
43.21A.420
43.21A.420 Marine pollution—Baseline study program—Priority factors. In planning the state baseline studies program, priority shall be given to those waters (1) in
which the greatest risk of damage from oil spills exists; (2)
which contain marine and fresh water life that is particularly
sensitive to toxins contained in crude oil, oil products, and oil
wastes; and (3) which are used or may be used for the harvesting, gathering, or production of food or food products.
[1973 2nd ex.s. c 30 § 4.]
43.21A.430
43.21A.430 Catalytic converters in police, ambulance or emergency aid vehicles—Department's powers
restricted in respect thereto. The department of ecology
may not adopt, maintain in effect, or enforce any rule requiring the installation or maintenance of a catalytic converter in
the exhaust system of any motor vehicle used as a police
vehicle, or ambulance, an emergency aid vehicle, or a fire
department vehicle, and any catalytic converter in the exhaust
system of any such vehicle may be lawfully removed. [1977
ex.s. c 264 § 1.]
43.21A.440
43.21A.440 Department authorized to participate in
and administer federal Comprehensive Environmental
Response, Compensation and Liability Act. The department of ecology is authorized to participate fully in and is
empowered to administer all programs of the federal Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601 et seq.), as it exists on July 24,
1983, contemplated for state participation and administration
under that act. [1983 c 270 § 3.]
Severability—1983 c 270: See note following RCW 90.48.260.
[Title 43 RCW—page 125]
43.21A.445
Title 43 RCW: State Government—Executive
43.21A.445
43.21A.445 Departments authorized to participate in
and administer federal Safe Drinking Water Act—Agreements with other departments. The department of ecology,
the department of natural resources, the department of health,
and the *oil and gas conservation committee are authorized
to participate fully in and are empowered to administer all
programs of Part C of the federal Safe Drinking Water Act
(42 U.S.C. Sec. 300h et seq.), as it exists on June 19, 1986,
contemplated for state participation in administration under
the act.
The department of ecology, in the implementation of
powers provided herein shall enter into agreements of administration with the departments of health and natural resources
and the *oil and gas conservation committee to administer
those portions of the state program, approved under the federal act, over which the said departments and committee have
primary subject-matter authority under existing state law.
The departments of health and natural resources and the *oil
and gas conservation committee are empowered to enter into
such agreements and perform the administration contained
therein. [1989 1st ex.s. c 9 § 218; 1988 c 279 § 1; 1983 c 270
§ 4.]
*Reviser's note: The duties of the oil and gas conservation committee
were transferred to the department of natural resources by 1994 sp.s. c 9.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1983 c 270: See note following RCW 90.48.260.
Adoption of rules for on-site sewage disposal systems adjacent to marine
waters: RCW 90.48.264.
Drinking water quality consumer complaints: RCW 80.04.110.
43.21A.450
43.21A.450 Control of outflow and level of Lake
Osoyoos—Lake Osoyoos International Water Control
Structure authorized. (1) The legislature recognizes the
need for the state of Washington to implement an understanding reached with the Province of British Columbia in relation
to a joint venture with British Columbia for controlling the
outflow and level of Lake Osoyoos, an international lake, and
in connection therewith to replace an existing lake control
structure on the Okanogan river in Washington state which
has been classified as deteriorated and unsafe.
(2) For the purpose of implementing subsection (1) of
this section, the department of ecology may acquire, design,
construct, own, operate, and maintain a project to be known
as the Lake Osoyoos International Water Control Structure
and may acquire all real property interests necessary thereto
by purchase, grant, gift, or eminent domain; provided that the
authority of eminent domain as granted to the department
under this section is limited to acquiring property necessary
for access to the control structure, location of abutments for
the control structure, and flowage easements if necessary.
(3) The department may accept and administer grants or
gifts from any source for the purpose of carrying out subsection (2) of this section.
(4) The department may exercise its powers under subsection (2) of this section directly or through contracts,
except that it may not delegate its authority of eminent
domain. The department may also enter into agreements with
any public or municipal corporation with respect to operation
and maintenance of the project authorized under subsection
(2) of this section. [1985 c 27 § 1; 1982 c 76 § 1.]
[Title 43 RCW—page 126]
Intent—1985 c 27; 1982 c 76: "It is the intent of this legislature in
enacting RCW 43.21A.450 that total capital costs for the said project be
shared equally by Washington state and British Columbia." [1985 c 27 § 2;
1982 c 76 § 2.]
43.21A.470
43.21A.470 Yakima enhancement project—Duties—
Request for congressional authorization for pipeline. (1)
The director of the department of ecology shall:
(a) Continue to participate with the federal government
in its studies of the Yakima enhancement project and of
options for future development of the second half of the
Columbia Basin project;
(b) Vigorously represent the state's interest in said studies, particularly as they relate to protection of existing water
rights and resolution of conflicts in the adjudication of the
Yakima river within the framework of state water rights law
and propose means of resolving the conflict that minimize
adverse effects on the various existing uses;
(c) As a cooperative federal and nonfederal effort, work
with members of the congressional delegation to identify and
advance, subject to the limitations in subsection (2) of this
section, for federal authorization elements of the Yakima
enhancement project which: Have general public support
and acceptable cost-sharing arrangements, meet study objectives, and otherwise have potential for early implementation;
and
(d) In developing acceptable cost-sharing arrangements,
request federal recognition of state credit for expenditures of
moneys from Washington state utility ratepayers.
(2) In the interest of promoting cooperation between all
interested parties and to effectuate the efficient and satisfactory implementation of the Yakima enhancement project, the
state requests that Congress authorize the construction of a
pipeline between Keechelus Lake and Kachess Lake as one
of the elements of early implementation of the Yakima
enhancement project for the purpose of supplying the water
which is demanded for and caused by the operation of the fish
passage facilities at the Easton Dam. The department, in concert with other state agencies, shall work diligently to assure
that the pipeline element is included in the federal legislation.
[1987 c 517 § 1; 1986 c 316 § 3.]
43.21A.510
43.21A.510 State environmental profile. In order to
assist the department of community, trade, and economic
development in providing information to businesses interested in locating in Washington state, the department shall
develop an environmental profile of the state. This profile
shall identify the state's natural resources and describe how
these assets are valuable to industry. Examples of information to be included are water resources and quality, air quality, and recreational opportunities related to natural
resources. [1995 c 399 § 66; 1985 c 466 § 51; 1984 c 94 § 2.]
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
Findings—1984 c 94: "The legislature finds (1) that a locality's natural
environment is an important factor in determining where new businesses will
locate, (2) that environmental regulations that preserve the quality of the
environment can enhance economic development and the determination by
new businesses where to locate and can lead to the creation of jobs and new
industries, and (3) that some areas of the state have been and might be handicapped in their economic development efforts because of perceived environmental problems. Thus, the legislature declares that it is the policy of this
state to recognize and emphasize the importance of the state's natural envi(2004 Ed.)
Department of Ecology
ronment in its economic development efforts in attracting and maintaining
businesses." [1984 c 94 § 1.]
43.21A.515
43.21A.515 Assistance to businesses interested in
locating in Washington required—Information on environmental laws and regulations to be provided. In order
to emphasize the importance of the state's environmental
laws and regulations and to facilitate compliance with them,
the department of ecology shall provide assistance to businesses interested in locating in Washington state. When the
department of community, trade, and economic development
receives a query from an interested business through its
industrial marketing activities, it shall arrange for the department of ecology to provide information on the state's environmental laws and regulations and methods of compliance.
This section shall facilitate compliance with state environmental laws and regulations and shall not weaken their application or effectiveness. [1995 c 399 § 67; 1985 c 466 § 52;
1984 c 94 § 3.]
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
Findings—1984 c 94: See note following RCW 43.21A.510.
43.21A.520
43.21A.520 Environmental excellence awards program for products. (1) The department of ecology shall
develop and implement an environmental excellence awards
program that recognizes products that are produced, labeled,
or packaged in a manner that helps ensure environmental protection. The award shall be in recognition of products that are
made from recycled materials, easy to recycle, substitute for
more hazardous products, or otherwise help protect the environment. Application for the award shall be voluntary. The
awards may be made in a variety of product categories
including, but not limited to:
(a) Paint products;
(b) Cleaning products;
(c) Pest control products;
(d) Automotive, marine, and related maintenance products;
(e) Hobby and recreation products; and
(f) Any other product available for retail or wholesale
sale.
(2) The state solid waste advisory committee shall establish an environmental excellence product award subcommittee to develop and recommend criteria for awarding environmental excellence awards for products. The subcommittee
shall also review award applications and make recommendations to the department. The subcommittee shall consist of
equal representation of: (a) Product manufacturing or other
business representatives; (b) environmental representatives;
(c) labor or consumer representatives; and (d) independent
technical experts. Members of the subcommittee need not
necessarily be regular members of the state solid waste advisory committee.
(3) Products receiving an environmental excellence
award pursuant to this section shall be entitled to display a
logo or other symbol developed by the department to signify
the award. Awards shall be given each year to as many products as qualify. The award logo may be displayed for a period
to be determined by the department. [1989 c 431 § 47; 1987
c 67 § 1.]
(2004 Ed.)
43.21A.612
Severability—Section captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
43.21A.600 Powers and duties—Electric power
resources. The department shall make studies and surveys,
collect, compile and disseminate information and statistics to
facilitate development of the electric power resources of the
state by public utility districts, municipalities, electric cooperatives, joint operating agencies and public utility companies. The director may cause studies to be made relating to
the construction of steam generating plants using any available fuel and their integration with hydro-electric facilities.
He may cause designs for any such plant to be prepared. He
shall employ such engineers and other experts and assistants
as may be necessary to carry out his power resources functions. [1988 c 127 § 8; 1965 c 8 § 43.21.220. Prior: 1957 c
284 § 2. Formerly RCW 43.21.220.]
43.21A.600
Joint operating agencies: Chapter 43.52 RCW.
4 3 . 2 1 A . 6 0 5 De v e lo p me n t o f e l e ct r i c p o we r
resources—Cooperation with governmental units. The
director may represent the state and aid and assist the public
utilities therein to the end that its resources shall be properly
developed in the public interest insofar as they affect electric
power and to this end he shall cooperate and may negotiate
with Canada, the United States, the states thereof and their
agencies to develop and integrate the resources of the region.
[1988 c 127 § 9; 1965 c 8 § 43.21.230. Prior: 1957 c 284 § 3.
Formerly RCW 43.21.230.]
43.21A.605
43.21A.610
43.21A.610 Steam electric generating plant—
Study—Construction. The director shall continue the study
of the state power commission made in 1956 relating to the
construction of a steam power electric generating plant, and if
the construction of a steam electric generating plant is found
to be feasible by the director, the director may construct such
plant at a site determined by him to be feasible and operate it
as a state owned facility. [1988 c 127 § 10; 1965 c 8 §
43.21.250. Prior: 1957 c 275 § 3. Formerly RCW 43.21.250]
43.21A.612 Steam electric generating plant—Statement of intention—Construction by public utility, operating agency, or the department, procedure—Powers of
director of community, trade, and economic development. Before the director shall construct said steam generating facility within the state, or make application for any permit, license or other right necessary thereto, the director shall
give notice thereof by publishing once a week for four consecutive weeks in a newspaper of general circulation in the
county or counties in which such project is located a statement of intention setting forth the general nature, extent and
location of the project. If any public utility in the state or any
operating agency desires to construct such facility, such utility or operating agency shall notify the director thereof within
ten days after the last date of publication of such notice. If the
director determines that it is in the best public interest that the
director proceed with such construction rather than the public
utility or operating agency, the director shall so notify the
director of community, trade, and economic development,
who shall set a date for hearing thereon. If after considering
the evidence introduced the director of community, trade, and
43.21A.612
[Title 43 RCW—page 127]
43.21A.614
Title 43 RCW: State Government—Executive
economic development finds that the public utility or operating agency making the request intends to immediately proceed with such construction and is financially capable of carrying out such construction and further finds that the plan of
such utility or operating agency is equally well adapted to
serve the public interest, the director shall enter an order so
finding and such order shall divest the director of authority to
proceed further with such construction or acquisition until
such time as the other public utility or agency voluntarily
causes an assignment of its right or interest in the project to
the director or fails to procure any further required governmental permit, license or authority or having procured such,
has the same revoked or withdrawn, in accordance with the
laws and regulations of such governmental entity, in which
event the director shall have the same authority to proceed as
though the director had originally entered an order so authorizing the director to proceed. If, after considering the evidence introduced, the director of community, trade, and economic development finds that the public utility or agency
making the request does not intend to immediately proceed
with such construction or acquisition or is not financially
capable of carrying out such construction or acquisition, or
finds that the plan of such utility or operating agency is not
equally well adapted to serve the public interest, the director
shall then enter an order so finding and authorizing the director to proceed with the construction or acquisition of the
facility. [1995 c 399 § 68; 1988 c 127 § 11; 1985 c 466 § 49;
1965 c 8 § 43.21.260. Prior: 1957 c 275 § 4. Formerly RCW
43.21.260.]
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
43.21A.614
43.21A.614 Steam electric generating plant—Powers
of director in constructing, operating and maintaining. In
order to construct, operate and maintain the single steam
power electric generating plant provided for in RCW
43.21A.610 the director shall have authority:
(1) To generate, produce, transmit, deliver, exchange,
purchase or sell electric energy and to enter into contracts for
any or all such purposes.
(2) To construct, condemn, purchase, lease, acquire, add
to, extend, maintain, improve, operate, develop and regulate
such steam electric power plant, work and facilities for the
generation and/or transmission of electric energy and to take,
condemn, purchase, lease and acquire any real or personal,
public or private property, franchise and property rights,
including but not limited to state, county and school lands
and properties, for any of the purposes herein set forth and for
any facilities or works necessary or convenient for use in the
construction, maintenance or operation of such work, plant
and facilities; providing that the director shall not be authorized to acquire by condemnation any plant, work and facility
owned and operated by any city or district, or by a privately
owned public utility.
(3) To apply to the appropriate agencies of the state of
Washington, the United States or any state thereof, or to any
other proper agency for such permits, licenses or approvals as
may be necessary, and to construct, maintain and operate
facilities in accordance with such licenses or permits, and to
obtain, hold and use such licenses and permits in the same
manner as any other person or operating unit.
[Title 43 RCW—page 128]
(4) To establish rates for electric energy sold or transmitted by the director. When any revenue bonds or warrants are
outstanding the director shall have the power and shall be
required to establish and maintain and collect rates or charges
for electric energy furnished or supplied by the director
which shall be fair and nondiscriminatory and adequate to
provide revenues sufficient for the payment of the principal
and interest on such bonds or warrants and all payments
which the director is obligated to set aside in any special fund
or funds created for such purposes, and for the proper operation and maintenance of the public utility owned by the director and all necessary repairs, replacements and renewals
thereof.
(5) To employ legal, engineering and other professional
services and fix the compensation of a managing director and
such other employees as the director may deem necessary to
carry on its business, and to delegate to such manager or other
employees such authority as the director shall determine.
Such manager and employees shall be appointed for an indefinite time and be removable at the will of the director. [1988
c 127 § 12; 1965 c 8 § 43.21.270. Prior: 1957 c 275 § 5. Formerly RCW 43.21.270.]
43.21A.616
43.21A.616 Steam electric generating plant—Eminent domain. For the purpose of carrying out any or all of
the powers herein granted the director shall have the power of
eminent domain for the acquisition of either real or personal
property used or useful in connection with the construction of
facilities authorized hereunder. Actions in eminent domain
pursuant to RCW 43.21A.610 through 43.21A.642 shall be
brought in the name of the state in any court of competent
jurisdiction under the procedure set out in chapter 8.04 RCW.
The director may institute condemnation proceedings in the
superior court of any county in which any of the property
sought to be condemned is located or in which the owner
thereof does business, and the court in any such action shall
have jurisdiction to condemn property wherever located
within the state. It shall not be necessary to allege or prove
any offer to purchase or inability to agree with the owners
thereof for the purchase of any such property in said proceedings. Upon the filing of a petition for condemnation, as provided in this section, the court may issue an order restraining
the removal from the jurisdiction of the state of any personal
property sought to be acquired by the proceedings during the
pendency thereof. The court shall further have the power to
issue such orders or process as shall be necessary to place the
director into possession of any property condemned. [1988 c
127 § 13; 1965 c 8 § 43.21.280. Prior: 1957 c 275 § 6. Formerly RCW 43.21.280.]
43.21A.618
43.21A.618 Steam electric generating plant—State
not financially obligated—Separation and expenditure of
funds. The director shall have no right or power to impose
any debt nor to suffer or create any financial obligation upon
the state of Washington or its subdivisions in the execution of
RCW 43.21A.610 through 43.21A.642.
No revenues received by the director for the sale of electricity or otherwise, shall be expended except for the payment
of lawful obligations of the director and all such revenues and
receipts shall be kept and maintained in a separate fund.
(2004 Ed.)
Department of Ecology
[1988 c 127 § 14; 1965 c 8 § 43.21.290. Prior: 1957 c 275 §
7. Formerly RCW 43.21.290.]
43.21A.620
43.21A.620 Steam electric generating plant—Revenue bonds and warrants. For the purposes provided for in
RCW 43.21A.610 through 43.21A.642, the state finance
committee shall, upon being notified to do so by the director,
issue revenue bonds or warrants payable from the revenues
from the steam electric plant provided for in RCW
43.21A.610. When the director deems it advisable that he
acquire or construct said steam electric plant or make additions or betterments thereto, he shall so notify the state
finance committee and he shall also notify the state finance
committee as to the plan proposed, together with the estimated cost thereof. The state finance committee, upon receiving such notice, shall provide for the construction thereof and
the issuance of revenue bonds or warrants therefor by a resolution which shall specify and adopt the system or plan proposed, and declare the estimated cost thereof, as nearly as
may be, including as part of the cost, funds necessary for
working capital for the operation of such utility and the payment of the expenses incurred in the acquisition or construction thereof. Such resolution shall specify that utility revenue
bonds are to be issued to defray the cost thereof and the
amount of such bonds to be issued. Bonds issued under the
provisions of RCW 43.21A.610 through 43.21A.642 shall
distinctly state that they are not a general obligation of the
state. [1988 c 127 § 15; 1965 c 8 § 43.21.300. Prior: 1957 c
275 § 8. Formerly RCW 43.21.300.]
43.21A.622
43.21A.622 Steam electric generating plant—Special
funds—Payment of bonds, interest. When the state finance
committee issues revenue bonds as provided in RCW
43.21A.620, it shall, as a part of the plan and system, request
the state treasurer to establish a special fund or funds to
defray the cost of the steam electric utility, or additions or
betterments thereto or extensions thereof. The state finance
committee may obligate and bind the director to set aside and
pay to the state treasurer for deposit into such fund or funds a
fixed proportion of the gross revenue of the steam electric
utility and all additions or betterments thereto or extensions
thereof, or any fixed amount out of, and not exceeding the
fixed proportion of such revenue, or a fixed amount without
regard to any fixed proportion, or an amount of the revenue
equal to a fixed percentage of the aggregate principal amount
of revenue bonds at any time issued against the special fund
or funds. It may issue and sell utility bonds payable as to both
principal and interest only out of such fund or funds.
The revenue bonds shall be payable at such places and
times, both as to principal and interest, and bear interest at
such rates payable semiannually as the state finance committee shall determine. [1988 c 127 § 16; 1965 c 8 § 43.21.310.
Prior: 1957 c 275 § 9. Formerly RCW 43.21.310.]
43.21A.624
43.21A.624 Steam electric generating plant—Considerations in issuance of bonds, limitations. In the issuance of any bonds hereunder the state finance committee
shall have due regard to the cost of operation and maintenance of the steam electric utility as acquired, constructed or
added to, and to any proportion or amount of the revenue pre(2004 Ed.)
43.21A.628
viously pledged as a fund for the payment of revenue bonds.
It shall not require to be set aside into the fund a greater
amount or proportion of the revenue than in its judgment and
as agreed to by the director will be available over and above
the cost of maintenance and operation and any amount or proportion of the revenue so previously pledged. Revenue bonds
and interest thereon issued against such fund shall be a valid
claim of the holder thereof only as against the fund and the
proportion or amount of the revenue pledged thereto, but
shall constitute a prior charge over all other charges or claims
whatsoever against the fund and the proportion or amount of
the revenues pledged thereto. Each revenue bond shall state
on its face that it is payable from a special fund, naming the
fund and the resolution creating it. [1988 c 127 § 17; 1965 c
8 § 43.21.320. Prior: 1957 c 275 § 10. Formerly RCW
43.21.320.]
43.21A.626
43.21A.626 Steam electric generating plant—Resolution authorizing issuance of bonds, contents, covenants.
The resolution of the state finance committee authorizing the
issuance of revenue bonds shall specify the title of the bonds
as determined by the state finance committee, and may contain covenants by the committee to protect and safeguard the
security and the rights of the holders thereof, including covenants as to, among other things:
(1) The purpose or purposes to which the proceeds of the
sale of the revenue bonds may be applied and the use and disposition thereof;
(2) The use and disposition of the gross revenue of the
steam electric utility and any additions or betterments thereto
or extensions thereof, the cost of which is to be defrayed with
such proceeds, including the creation and maintenance of
funds for working capital to be used in the operation of the
steam electric utility and for renewals and replacements
thereof;
(3) The amount, if any, of additional revenue bonds payable from such fund which may be issued and the terms and
conditions on which such additional revenue bonds or warrants may be issued;
(4) The establishment and maintenance of adequate rates
and charges for electric power and energy and other services,
facilities, and commodities, sold, furnished or supplied by the
steam electric utility;
(5) The operation, maintenance, management, accounting and auditing of the electric utility;
(6) The terms upon which the revenue bonds, or any of
them, may be redeemed at the election of the agency;
(7) Limitations upon the right to dispose of the steam
electric utility or any part thereof without providing for the
payment of the outstanding revenue bonds; and
(8) The appointment of trustees, depositaries, and paying
agents to receive, hold, disburse, invest, and reinvest all or
any part of the income, revenue, receipts and profits derived
by the director from the operation, ownership, and management of its steam electric utility. [1988 c 127 § 18; 1965 c 8
§ 43.21.330. Prior: 1957 c 275 § 11. Formerly RCW
43.21.330.]
43.21A.628
43.21A.628 Steam electric generating plant—Sale of
bonds. All bonds issued under or by authority of RCW
[Title 43 RCW—page 129]
43.21A.630
Title 43 RCW: State Government—Executive
43.21A.610 through 43.21A.642 shall be sold to the highest
and best bidder after such advertising for bids as the state
finance committee may deem proper. The state finance committee may reject any and all bids so submitted and thereafter
sell such bonds so advertised under such terms and conditions as the state finance committee may deem most advantageous to its own interests. [1988 c 127 § 19; 1970 ex.s. c 56
§ 61; 1969 ex.s. c 232 § 32; 1965 c 8 § 43.21.340. Prior: 1957
c 275 § 12. Formerly RCW 43.21.340.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
said fund. The rate of interest on refunding revenue bonds
shall not exceed the rate of interest on revenue bonds
refunded thereby. The state finance committee may exchange
the refunding revenue bonds for the revenue bonds which are
being refunded, or it may sell them in such manner as it
deems for its best interest. Except as specifically provided in
this section, the refunding revenue bonds shall be issued in
accordance with the provisions contained in RCW
43.21A.610 through 43.21A.642 with respect to revenue
bonds. [1988 c 127 § 21; 1965 c 8 § 43.21.370. Prior: 1957
c 275 § 15. Formerly RCW 43.21.370.]
43.21A.636
43.21A.630
43.21A.630 Steam electric generating plant—Examination, registration of bonds by state auditor—Defects,
irregularities. Prior to the issuance and delivery of any revenue bonds, such bonds and a certified copy of the resolution
authorizing them shall be delivered to the state auditor
together with any additional information that he may require.
When the bonds have been examined they shall be registered
by the auditor in books to be kept by him for that purpose, and
a certificate of registration shall be endorsed upon each bond
and signed by the auditor or a deputy appointed by him for
the purpose. The bonds shall then be prima facie valid and
binding obligations of the state finance committee in accordance with their terms, notwithstanding any defects or irregularities in the authorization and issuance of the bonds, or in
the sale, execution or delivery thereof. [1965 c 8 § 43.21.350.
Prior: 1957 c 275 § 13. Formerly RCW 43.21.350.]
43.21A.632
43.21A.632 Steam electric generating plant—Rates
or charges. When revenue bonds are outstanding the director shall establish, maintain, and collect rates or charges for
electric power and energy, and other services, facilities and
commodities sold and supplied by the director which shall be
fair and nondiscriminatory and adequate to provide revenue
sufficient to pay the principal of and interest on revenue
bonds outstanding, and all payments which the director is
obligated to make to the state treasurer for deposit in any special fund or funds created for such purpose, and for the proper
operation and maintenance of the utility and all necessary
repairs, replacements and renewals thereof. [1988 c 127 §
20; 1965 c 8 § 43.21.360. Prior: 1957 c 275 § 14. Formerly
RCW 43.21.360.]
43.21A.634
43.21A.634 Steam electric generating plant—
Refunding revenue bonds. When the state finance committee has outstanding revenue bonds, the state finance committee, with the concurrence of the director, may by resolution
provide for the issuance of refunding revenue bonds with
which to refund the outstanding revenue bonds, or any part
thereof at maturity, or before maturity if they are by their
terms or by other agreement, subject to call for prior redemption, with the right in the state finance committee to combine
various series and issues of the outstanding revenue bonds by
a single issue of refunding revenue bonds. The refunding
bonds shall be payable only out of a special fund created out
of the gross revenue of the steam electric utility, and shall
only be a valid claim as against such special fund and the
amount or proportion of the revenue of the utility pledged to
[Title 43 RCW—page 130]
43.21A.636 Steam electric generating plant—Signatures on bonds. All revenue bonds, including refunding revenue bonds, shall be signed by the governor and the state
auditor under the seal of the state, one of which signatures
shall be made manually and the other signature may be in
printed facsimile, and any coupons may have printed or lithographic facsimile of the signatures of such officers. [1965 c
8 § 43.21.380. Prior: 1957 c 275 § 16. Formerly RCW
43.21.380.]
43.21A.638
43.21A.638 Steam electric generating plant—Provisions of law, resolution, a contract with bondholder—
Enforcement. The provisions of RCW 43.21A.610 through
43.21A.642 and any resolution providing for the issuance of
revenue bonds shall constitute a contract with the holder or
holders from time to time of the revenue bonds of the state
finance committee. Such provisions of RCW 43.21A.610
through 43.21A.642 and of any such resolution shall be
enforceable by any such bondholders by appropriate action in
any court of competent jurisdiction. [1988 c 127 § 22; 1965
c 8 § 43.21.390. Prior: 1957 c 275 § 17. Formerly RCW
43.21.390.]
43.21A.640
43.21A.640 Steam electric generating plant—Bonds
are legal security, investment, negotiable. All revenue
bonds issued hereunder shall be legal securities, which may
be used by a bank or trust company for deposit with the state
treasurer, or by a county or city or town treasurer, as security
for deposits in lieu of a surety bond under any law relating to
deposits of public moneys. They shall constitute legal investments for trustees and other fiduciaries other than corporations doing a trust business in this state, and for savings and
loan associations, banks and insurance companies doing
business in this state. All revenue bonds and all coupons
appertaining thereto shall be negotiable instruments within
the meaning and for all purposes of the negotiable instruments law. [1965 c 8 § 43.21.400. Prior: 1957 c 275 § 18.
Formerly RCW 43.21.400.]
43.21A.642
43.21A.642 Steam electric generating plant—Director not authorized to acquire other facilities or engage in
retail distribution. Nothing in RCW 43.21A.610 through
43.21A.642 shall authorize or empower the director to purchase or acquire any transmission or distribution system or
facilities or to engage in the retail distribution of electric
energy, or to purchase or acquire any operating hydroelectric
generating plant owned by any city or district, or by a privately owned public utility, or which hereafter may be
(2004 Ed.)
Department of Ecology
acquired by any city or district by condemnation. [1988 c
127 § 23; 1965 c 8 § 43.21.410. Prior: 1957 c 275 § 19. Formerly RCW 43.21.410.]
43.21A.650
43.21A.650 Freshwater aquatic weeds account. The
freshwater aquatic weeds account is hereby created in the
state treasury. Expenditures from this account may only be
used as provided in RCW 43.21A.660. Moneys in the
account may be spent only after appropriation. [1991 c 302 §
2.]
Findings—1991 c 302: "The legislature hereby finds that Eurasian
water milfoil and other freshwater aquatic weeds can adversely affect fish
populations, reduce habitat for desirable plant and wildlife species, and
decrease public recreational opportunities. The legislature further finds that
the spread of freshwater aquatic weeds is a statewide problem and requires a
coordinated response among state agencies, local governments, and the public. It is therefore the intent of the legislature to establish a funding source to
reduce the propagation of Eurasian water milfoil and other freshwater
aquatic weeds and to manage the problems created by such freshwater
aquatic plants." [1991 c 302 § 1.]
Effective date—1991 c 302: See note following RCW 46.16.670.
43.21A.690
(e) Pesticide registrants, as defined in *RCW
15.58.030(34);
(f) Certified pesticide applicators, as defined in **RCW
17.21.020(5), who specialize in the use of aquatic pesticides;
and
(g) If ***chapter . . ., Laws of 1999 (Senate Bill No.
5315) is enacted by June 30, 1999, the aquatic nuisance species coordinating committee.
(3) The advisory committee shall review and provide
recommendations to the department on freshwater aquatic
weeds management program activities and budget and establish criteria for grants funded from the freshwater aquatic
weeds account. [1999 c 251 § 2.]
Reviser's note: *(1) RCW 15.58.030 was amended by 2000 c 96 § 1,
changing subsection (34) to subsection (35). RCW 15.58.030 was subsequently amended by 2003 c 212 § 1, changing subsection (35) to subsection
(36).
**(2) RCW 17.21.020 was amended by 2001 c 333 § 1, changing subsection (5) to subsection (6), effective July 1, 2002.
***(3) Senate Bill No. 5315 (1999) was not enacted into law by June
30, 1999.
43.21A.660
43.21A.660 Freshwater aquatic weeds management
program. Funds in the freshwater aquatic weeds account
may be appropriated to the department of ecology to develop
a freshwater aquatic weeds management program. Funds
shall be expended as follows:
(1) No less than two-thirds of the appropriated funds
shall be issued as grants to (a) cities, counties, tribes, special
purpose districts, and state agencies to prevent, remove,
reduce, or manage excessive freshwater aquatic weeds; (b)
fund demonstration or pilot projects consistent with the purposes of this section; and (c) fund hydrilla eradication activities in waters of the state. Except for hydrilla eradication
activities, such grants shall only be issued for lakes, rivers, or
streams with a public boat launching ramp or which are designated by the department of fish and wildlife for fly-fishing.
The department shall give preference to projects having
matching funds or in-kind services; and
(2) No more than one-third of the appropriated funds
shall be expended to:
(a) Develop public education programs relating to preventing the propagation and spread of freshwater aquatic
weeds; and
(b) Provide technical assistance to local governments
and citizen groups. [1999 c 251 § 1; 1996 c 190 § 1; 1991 c
302 § 4.]
Findings—1991 c 302: See note following RCW 43.21A.650.
Effective date—1991 c 302: See note following RCW 46.16.670.
43.21A.662
43.21A.662 Freshwater aquatic weeds management
program—Advisory committee. (1) The department shall
appoint an advisory committee to oversee the freshwater
aquatic weeds management program.
(2) The advisory committee shall include representatives
from the following groups:
(a) Recreational boaters interested in freshwater aquatic
weed management;
(b) Residents adjacent to lakes, rivers, or streams with
public boat launch facilities;
(c) Local governments;
(d) Scientific specialists;
(2004 Ed.)
43.21A.670
43.21A.670 Senior environmental corps—Department powers and duties. (1) The department of ecology
shall have the following powers and duties in carrying out its
responsibilities for the senior environmental corps created
under RCW 43.63A.247:
Appoint a representative to the coordinating council;
Develop project proposals;
Administer project activities within the agency;
Develop appropriate procedures for the use of volunteers;
Provide project orientation, technical training, safety
training, equipment, and supplies to carry out project activities;
Maintain project records and provide project reports;
Apply for and accept grants or contributions for corps
approved projects; and
With the approval of the council, enter into memoranda
of understanding and cooperative agreements with federal,
state, and local agencies to carry out corps approved projects.
(2) The department shall not use corps volunteers to displace currently employed workers. [1992 c 63 § 9.]
Severability—1992 c 63: See note following RCW 43.63A.240.
43.21A.680
43.21A.680 Solid waste plan advisory committee
abolished. The director of ecology shall abolish the solid
waste plan advisory committee effective July 1, 1994. [1994
sp.s. c 9 § 804.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
43.21A.690 Cost-reimbursement agreements. (1)
The department may enter into a written cost-reimbursement
agreement with a permit applicant to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the
requirements of other relevant laws, as they relate to permit
coordination, environmental review, application review,
technical studies, and permit processing. The cost-reimbursement agreement shall identify the specific tasks, costs,
and schedule for work to be conducted under the agreement.
43.21A.690
[Title 43 RCW—page 131]
43.21A.900
Title 43 RCW: State Government—Executive
(2) The written cost-reimbursement agreement shall be
negotiated with the permit applicant. Under the provisions of
a cost-reimbursement agreement, funds from the applicant
shall be used by the department to contract with an independent consultant to carry out the work covered by the costreimbursement agreement. The department may also use
funds provided under a cost-reimbursement agreement to
assign current staff to review the work of the consultant, to
provide necessary technical assistance when an independent
consultant with comparable technical skills is unavailable,
and to recover reasonable and necessary direct and indirect
costs that arise from processing the permit. The department
shall, in developing the agreement, ensure that final decisions
that involve policy matters are made by the agency and not by
the consultant. The department shall make an estimate of the
number of permanent staff hours to process the permits, and
shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The
billing process shall provide for accurate time and cost
accounting and may include a billing cycle that provides for
progress payments. Use of cost-reimbursement agreements
shall not reduce the current level of staff available to work on
permits not covered by cost-reimbursement agreements. The
department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The
restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a
cost-reimbursement agreement.
(3) The department may not enter into any new costreimbursement agreements on or after July 1, 2007. The
department may continue to administer any cost-reimbursement agreement that was entered into before July 1, 2007,
until the project is completed. [2003 c 70 § 1; 2000 c 251 §
2.]
Intent—2000 c 251: "It is the intent of the legislature to allow applicants for environmental permits for complex projects to compensate permitting agencies for providing environmental review through the voluntary
negotiation of cost-reimbursement agreements with the permitting agency.
It is the further intent of the legislature that cost-reimbursement agreements
for complex projects free permitting agency resources to focus on the review
of small projects permits." [2000 c 251 § 1.]
Captions not law—2000 c 251: "Captions used in this act are not any
part of the law." [2000 c 251 § 8.]
Effective date—2000 c 251: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 31, 2000]." [2000 c 251 § 9.]
43.21A.900
43.21A.900 Chapter to be liberally construed. The
rule of strict construction shall have no application to this
chapter and it shall be liberally construed in order to carry out
the broad purposes set forth in RCW 43.21A.020. [1970 ex.s.
c 62 § 27.]
43.21A.910
43.21A.910 Savings—Permits, standards not
affected—Severability—Effective date—1970 ex.s. c 62.
See notes following RCW 43.21A.010.
[Title 43 RCW—page 132]
Chapter 43.21B RCW
ENVIRONMENTAL HEARINGS OFFICE—
POLLUTION CONTROL HEARINGS BOARD
Chapter 43.21B
Sections
43.21B.001
43.21B.005
43.21B.010
43.21B.020
43.21B.030
43.21B.040
43.21B.050
43.21B.060
43.21B.080
43.21B.090
43.21B.100
43.21B.110
43.21B.130
43.21B.160
43.21B.170
43.21B.180
43.21B.190
43.21B.230
43.21B.240
43.21B.250
43.21B.260
43.21B.300
43.21B.305
43.21B.310
43.21B.320
43.21B.330
43.21B.900
Definitions.
Environmental hearings office created—Composition—
Administrative appeals judges—Contracts for services.
Pollution control hearings board created—Purpose.
Members—Qualifications—Appointment.
Members—Terms—Filling vacancies, term.
Removal of member, procedure—As disqualification for
reappointment.
Governor to determine basis for operation—Compensation if
part time basis, limitation—Reimbursement of travel
expenses.
Restrictions upon conduct while member and upon termination of membership.
Chairman, biennial election of.
Principal office—Quorum—Hearings—Board powers and
duties.
Board to make findings of fact and written decisions on each
case considered—Effective upon signing and filing—Public information.
Pollution control hearings board jurisdiction.
Administrative procedure act to apply to appeal of board
rules and regulations—Scope of board action on decisions
and orders of others.
Appeals—Generally.
Proceedings conducted in accordance with published board
rules and regulations.
Judicial review—Director's right of review of decisions pursuant to RCW 43.21B.110.
Judicial review—Appeal from board's order.
Appeals of agency actions.
Department—Air authorities—Adjudicative proceedings,
may not conduct.
Challenges to consistency of rules adopted pursuant to RCW
43.21C.110 and 43.21C.120—Procedure—Finality.
Regulations and amendments of activated air pollution control authorities—Filing with hearings board authorized—
Evidence.
Penalty procedures.
Appeals involving penalties of five thousand dollars or less.
Appeal of orders, permits, and licenses.
Stays of orders.
Summary procedures.
Savings—Other powers and duties not affected—Permits,
standards not affected—Severability—Effective date—
1970 ex.s. c 62.
43.21B.001
43.21B.001 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Business days" means Monday through Friday
exclusive of any state or federal holiday.
(2) "Date of receipt" means:
(a) Five business days after the date of mailing; or
(b) The date of actual receipt, when the actual receipt
date can be proven by a preponderance of the evidence. The
recipient's sworn affidavit or declaration indicating the date
of receipt, which is unchallenged by the agency, shall constitute sufficient evidence of actual receipt. The date of actual
receipt, however, may not exceed forty-five days from the
date of mailing.
(3) "Department" means the department of ecology.
(4) "Director" means the director of ecology. [2004 c
204 § 1; 1987 c 109 § 4.]
Purpose—1987 c 109: "The purposes of this act are to:
(1) Simplify and clarify existing statutory and administrative procedures for appealing decisions of the department of ecology and air pollution
control authorities in order to (a) expedite those appeals, (b) insure that those
appeals are conducted with a minimum of expense to save state and private
resources, and (c) allow the appellate authorities to decide cases on their
(2004 Ed.)
Environmental Hearings Office—Pollution Control Hearings Board
43.21B.040
merits rather than on procedural technicalities.
(2) Clarify existing statutes relating to the environment but which refer
to numerous agencies no longer in existence.
(3) Eliminate provisions no longer effective or meaningful and abbreviate statutory provisions which are unnecessarily long and confusing."
[1987 c 109 § 1.]
Reviser's note: This section was amended by 2003 c 39 § 22 and by
2003 c 393 § 18, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Short title—1987 c 109: "This act may be referred to as the "ecology
procedures simplification act of 1987." [1987 c 109 § 2.]
Intent—1979 ex.s. c 47: "It is the intent of the legislature to consolidate
administratively the pollution control hearings board, the forest practices
appeals board, and the shorelines hearings board into one agency of state
government with minimum disturbance to these boards. It is not the intent of
the legislature in consolidating these boards to change the existing membership of these boards.
All full-time employees of the pollution control hearings board and the
full-time employee of the forest practices appeals board shall be full-time
employees of the environmental hearings office without loss of rights. Property and obligations of these boards and the shorelines hearings board shall
be property and obligations of the environmental hearings office." [1979
ex.s. c 47 § 1.]
Construction—1987 c 109: "Unless otherwise specifically intended,
this act shall not be construed to change existing substantive or procedural
law; it should only clarify and standardize existing procedures." [1987 c 109
§ 3.]
Rules—1987 c 109: "The department of ecology shall amend its rules
by June 30, 1988, to effect the purposes of this act." [1987 c 109 § 160.]
Severability—1987 c 109: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 109 § 161.]
Captions—1987 c 109: "As used in this act, bill headings and section
captions constitute no part of the law." [1987 c 109 § 162.]
43.21B.005
43.21B.005 Environmental hearings office created—
Composition—Administrative appeals judges—Contracts for services. (1) There is created an environmental
hearings office of the state of Washington. The environmental hearings office shall consist of the pollution control hearings board created in RCW 43.21B.010, the forest practices
appeals board created in RCW 76.09.210, the shorelines
hearings board created in RCW 90.58.170, the environmental
and land use hearings board created in chapter 43.21L RCW,
and the hydraulic appeals board created in RCW 77.55.170.
The chair of the pollution control hearings board shall be the
chief executive officer of the environmental hearings office.
Membership, powers, functions, and duties of the pollution
control hearings board, the forest practices appeals board, the
shorelines hearings board, and the hydraulic appeals board
shall be as provided by law.
(2) The chief executive officer of the environmental
hearings office may appoint an administrative appeals judge
who shall possess the powers and duties conferred by the
administrative procedure act, chapter 34.05 RCW, in cases
before the boards comprising the office. The administrative
appeals judge shall have a demonstrated knowledge of environmental law, and shall be admitted to the practice of law in
the state of Washington. Additional administrative appeals
judges may also be appointed by the chief executive officer
on the same terms. Administrative appeals judges shall not
be subject to chapter 41.06 RCW.
(3) The administrative appeals judges appointed under
subsection (2) of this section are subject to discipline and termination, for cause, by the chief executive officer. Upon
written request by the person so disciplined or terminated, the
chief executive officer shall state the reasons for such action
in writing. The person affected has a right of review by the
superior court of Thurston county on petition for reinstatement or other remedy filed within thirty days of receipt of
such written reasons.
(4) The chief executive officer may appoint, discharge,
and fix the compensation of such administrative or clerical
staff as may be necessary.
(5) The chief executive officer may also contract for
required services. [2003 c 393 § 18; 2003 c 39 § 22; 1999 c
125 § 1; 1990 c 65 § 1; 1986 c 173 § 3; 1979 ex.s. c 47 § 2.]
(2004 Ed.)
Implementation—Effective date—2003 c 393: See RCW 43.21L.900
and 43.21L.901.
43.21B.010
43.21B.010 Pollution control hearings board created—Purpose. There is hereby created within the environmental hearings office a pollution control hearings board of
the state of Washington.
The purpose of the pollution control hearings board is to
provide for a more expeditious and efficient disposition of
appeals with respect to the decisions and orders of the department and director and with respect to all decisions of air pollution control boards or authorities established pursuant to
chapter 70.94 RCW. [1979 ex.s. c 47 § 3; 1970 ex.s. c 62 §
31.]
Intent—1979 ex.s. c 47: See note following RCW 43.21B.005.
43.21B.020
43.21B.020 Members—Qualifications—Appointment. The hearings board shall consist of three members
qualified by experience or training in pertinent matters pertaining to the environment, and at least one member of the
hearings board shall have been admitted to practice law in
this state and engaged in the legal profession at the time of his
appointment. The hearings board shall be appointed by the
governor with the advice and consent of the senate, and no
more than two of whom at the time of appointment or during
their term shall be members of the same political party.
[1970 ex.s. c 62 § 32.]
43.21B.030
43.21B.030 Members—Terms—Filling vacancies,
term. Members of the hearings board shall be appointed for
a term of six years and until their successors are appointed
and have qualified. In case of a vacancy, it shall be filled by
appointment by the governor for the unexpired portion of the
term in which said vacancy occurs: PROVIDED, That the
terms of the first three members of the hearings board shall be
staggered so that one member shall be appointed to serve
until July 1, 1972, one member until July 1, 1974, and one
member until July 1, 1976. [1970 ex.s. c 62 § 33.]
43.21B.040
43.21B.040 Removal of member, procedure—As disqualification for reappointment. Any member of the hearings board may be removed for inefficiency, malfeasance and
misfeasance in office, under specific written charges filed by
the governor, who shall transmit such written charges to the
member accused and to the chief justice of the supreme court.
The chief justice shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudi[Title 43 RCW—page 133]
43.21B.050
Title 43 RCW: State Government—Executive
cate the charges. Such tribunal shall fix the time of the hearing which shall be public, and the procedure for the hearing,
and the decision of such tribunal shall be final and not subject
to review by the supreme court. Removal of any member of
the hearings board by the tribunal shall disqualify such member for reappointment. [1970 ex.s. c 62 § 34.]
43.21B.050
43.21B.050 Governor to determine basis for operation—Compensation if part time basis, limitation—Reimbursement of travel expenses. The hearings board shall
operate on either a part time or a full time basis, as determined by the governor. If it is determined that the hearings
board shall operate on a full time basis, each member of the
hearings board shall receive an annual salary to be determined by the governor pursuant to RCW 43.03.040. If it is
determined the hearings board shall operate on a part time
basis, each member of the hearings board shall receive compensation on the basis of seventy-five dollars for each day
spent in performance of his duties but such compensation
shall not exceed ten thousand dollars in a fiscal year. Each
hearings board member shall receive reimbursement for
travel expenses incurred in the discharge of his duties in
accordance with RCW 43.03.050 and 43.03.060 as now
existing or hereafter amended. [1975-'76 2nd ex.s. c 34 §
101; 1970 ex.s. c 62 § 35.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
43.21B.060
43.21B.060 Restrictions upon conduct while member
and upon termination of membership. Each member of
the hearings board: (1) Shall not be a candidate for nor hold
any other public office or trust, and shall not engage in any
occupation or business interfering with or inconsistent with
his duty as a member of the hearings board, nor shall he serve
on or under any committee of any political party; and (2)
shall not for a period of one year after the termination of his
membership on the hearings board, act in a representative
capacity before the hearings board on any matter. [1970 ex.s.
c 62 § 36.]
43.21B.080
43.21B.080 Chairman, biennial election of. The hearings board shall as soon as practicable after the initial
appointment of the members thereof, meet and elect from
among its members a chairman, and shall at least biennially
thereafter meet and elect such a chairman. [1970 ex.s. c 62 §
38.]
43.21B.090
43.21B.090 Principal office—Quorum—Hearings—
Board powers and duties. The principal office of the hearings board shall be at the state capitol, but it may sit or hold
hearings at any other place in the state. A majority of the
hearings board shall constitute a quorum for making orders or
decisions, promulgating rules and regulations necessary for
the conduct of its powers and duties, or transacting other official business, and may act though one position of the hearings
board be vacant. One or more members may hold hearings
and take testimony to be reported for action by the hearings
board when authorized by rule or order of the hearings board.
The hearings board shall perform all the powers and duties
[Title 43 RCW—page 134]
specified in this chapter or as otherwise provided by law.
[1990 c 65 § 2; 1974 ex.s. c 69 § 1; 1970 ex.s. c 62 § 39.]
43.21B.100
43.21B.100 Board to make findings of fact and written decisions on each case considered—Effective upon
signing and filing—Public information. The hearings
board shall make findings of fact and prepare a written decision in each case decided by it, and such findings and decisions shall be effective upon being signed by two or more
members of the hearings board and upon being filed at the
hearings board's principal office, and shall be open for public
inspection at all reasonable times. [1970 ex.s. c 62 § 40.]
43.21B.110
43.21B.110 Pollution control hearings board jurisdiction. (1) The hearings board shall only have jurisdiction
to hear and decide appeals from the following decisions of
the department, the director, local conservation districts, and
the air pollution control boards or authorities as established
pursuant to chapter 70.94 RCW, or local health departments:
(a) Civil penalties imposed pursuant to RCW
18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090,
90.03.600, 90.48.144, 90.56.310, and 90.56.330.
(b) Orders issued pursuant to RCW 18.104.043,
18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095,
86.16.020, 88.46.070, 90.14.130, 90.48.120, and 90.56.330.
(c) Except as provided in RCW 90.03.210(2), the issuance, modification, or termination of any permit, certificate,
or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination
of a waste disposal permit, the denial of an application for a
waste disposal permit, the modification of the conditions or
the terms of a waste disposal permit, or a decision to approve
or deny an application for a solid waste permit exemption
under RCW 70.95.300.
(d) Decisions of local health departments regarding the
grant or denial of solid waste permits pursuant to chapter
70.95 RCW.
(e) Decisions of local health departments regarding the
issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.
(f) Decisions of the department regarding waste-derived
fertilizer or micronutrient fertilizer under RCW 15.54.820,
and decisions of the department regarding waste-derived soil
amendments under RCW 70.95.205.
(g) Decisions of local conservation districts related to the
denial of approval or denial of certification of a dairy nutrient
management plan; conditions contained in a plan; application
of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to
adhere to the plan review and approval timelines in RCW
90.64.026.
(h) Any other decision by the department or an air
authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.
(2) The following hearings shall not be conducted by the
hearings board:
(a) Hearings required by law to be conducted by the
shorelines hearings board pursuant to chapter 90.58 RCW.
(2004 Ed.)
Environmental Hearings Office—Pollution Control Hearings Board
(b) Hearings conducted by the department pursuant to
RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400,
70.94.405, 70.94.410, and 90.44.180.
(c) Proceedings conducted by the department, or the
department's designee, under RCW 90.03.160 through
90.03.210 or 90.44.220.
(d) Hearings conducted by the department to adopt,
modify, or repeal rules.
(e) Appeals of decisions by the department as provided
in chapter 43.21L RCW.
(3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the
provisions of the Administrative Procedure Act, chapter
34.05 RCW. [2003 c 393 § 19; 2001 c 220 § 2. Prior: 1998
c 262 § 18; 1998 c 156 § 8; 1998 c 36 § 22; 1993 c 387 § 22;
prior: 1992 c 174 § 13; 1992 c 73 § 1; 1989 c 175 § 102; 1987
c 109 § 10; 1970 ex.s. c 62 § 41.]
Implementation—Effective date—2003 c 393: See RCW 43.21L.900
and 43.21L.901.
Intent—2001 c 220: "The legislature intends to assure that appeals of
department of ecology decisions regarding changes or transfers of water
rights that are the subject of an ongoing general adjudication of water rights
are governed by an appeals process that is efficient and eliminates unnecessary duplication, while fully preserving the rights of all affected parties. The
legislature intends to address only the judicial review process for certain
decisions of the pollution control hearings board when a general adjudication
is being actively litigated. The legislature intends to fully preserve the role
of the pollution control hearings board, except as specifically provided in
this act." [2001 c 220 § 1.]
Construction—2001 c 220: "Nothing in this act shall be construed to
affect or modify any treaty or other federal rights of an Indian tribe, or the
rights of any federal agency or other person or entity arising under federal
law. Nothing in this act is intended or shall be construed as affecting or modifying any existing right of a federally recognized Indian tribe to protect from
impairment its federally reserved water rights in federal court." [2001 c 220
§ 6.]
Effective date—2001 c 220: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 9, 2001]." [2001 c 220 § 7.]
Effective date—1998 c 262: See RCW 90.64.900.
Intent—1998 c 36: See RCW 15.54.265.
43.21B.230
be subject to review by the hearings board as provided in this
chapter. [1990 c 65 § 3; 1970 ex.s. c 62 § 43.]
43.21B.160
43.21B.160 Appeals—Generally. In all appeals, the
hearings board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions as are granted to agencies in chapter 34.05 RCW, the
Administrative Procedure Act. The hearings board, and each
member thereof, shall be subject to all duties imposed upon,
and shall have all powers granted to, an agency by those provisions of chapter 34.05 RCW relating to adjudicative proceedings. In the case of appeals within the jurisdiction of the
hearings board, the hearings board, or any member thereof,
may obtain such assistance, including the making of field
investigations, from the staff of the director as the hearings
board, or any member thereof, may deem necessary or appropriate. Any communication, oral or written, from the staff of
the director to the hearings board shall be presented only in
an open hearing. [1995 c 382 § 2; 1990 c 65 § 5; 1989 c 175
§ 103; 1974 ex.s. c 69 § 3; 1970 ex.s. c 62 § 46.]
Effective date—1989 c 175: See note following RCW 34.05.010.
43.21B.170
43.21B.170 Proceedings conducted in accordance
with published board rules and regulations. All proceedings before the hearings board or any of its members shall be
conducted in accordance with such rules of practice and procedure as the hearings board may prescribe. The hearings
board shall publish such rules and arrange for the reasonable
distribution thereof. [1995 c 382 § 3; 1970 ex.s. c 62 § 47.]
43.21B.180
43.21B.180 Judicial review—Director's right of
review of decisions pursuant to RCW 43.21B.110. Judicial
review of a decision of the hearings board may be obtained
only pursuant to RCW 34.05.510 through 34.05.598. The
director shall have the same right of review from a decision
made pursuant to RCW 43.21B.110 as does any person.
[1994 c 253 § 6; 1989 c 175 § 104; 1970 ex.s. c 62 § 48.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Short title—1998 c 36: See note following RCW 15.54.265.
Effective date—1993 c 387: See RCW 18.104.930.
Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and
90.56.905.
Effective date—1989 c 175: See note following RCW 34.05.010.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Order for compliance with oil spill contingency or prevention plan not subject to review by pollution control hearings board: RCW 90.56.270.
43.21B.190
43.21B.190 Judicial review—Appeal from board's
order. After the final decision and order of the hearings
board has been received by the parties, any party aggrieved
by the decision and order of the hearings board may appeal to
the superior court within thirty days from the date of receipt
of the final decision and order. [2004 c 204 § 2; 1995 c 382
§ 4; 1994 c 253 § 7; 1988 c 202 § 43; 1970 ex.s. c 62 § 49.]
Severability—1988 c 202: See note following RCW 2.24.050.
43.21B.130
43.21B.130 Administrative procedure act to apply to
appeal of board rules and regulations—Scope of board
action on decisions and orders of others. The administrative procedure act, chapter 34.05 RCW, shall apply to the
appeal of rules and regulations adopted by the board to the
same extent as it applied to the review of rules and regulations adopted by the directors and/or boards or commissions
of the various departments whose powers, duties and functions were transferred by section 6, chapter 62, Laws of 1970
ex. sess. to the department. All other decisions and orders of
the director and all decisions of air pollution control boards or
authorities established pursuant to chapter 70.94 RCW shall
(2004 Ed.)
43.21B.230
43.21B.230 Appeals of agency actions. Consistent
with RCW 43.21B.110, any person having received notice of
denial of a petition, a notice of determination, or notice of an
order made by the department may appeal to the hearings
board, within thirty days from the date of receipt of the notice
of such denial, order, or determination by the appealing party.
The appeal shall be perfected by serving a copy of the notice
of appeal upon the department or air pollution authority
established pursuant to chapter 70.94 RCW, as the case may
be, within the time specified herein and by filing the original
thereof with proof of service with the clerk of the hearings
[Title 43 RCW—page 135]
43.21B.240
Title 43 RCW: State Government—Executive
board. [2004 c 204 § 3; 1997 c 125 § 2; 1994 c 253 § 8; 1990
c 65 § 6; 1970 ex.s. c 62 § 53.]
43.21B.240
43.21B.240 Department—Air authorities—Adjudicative proceedings, may not conduct. The department and
air authorities shall not have authority to hold adjudicative
proceedings pursuant to the Administrative Procedure Act,
chapter 34.05 RCW. Such hearings shall be held by the pollution control hearings board. [1989 c 175 § 105; 1987 c 109
§ 9; 1970 ex.s. c 62 § 54.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
43.21B.250
43.21B.250 Challenges to consistency of rules
adopted pursuant to RCW 43.21C.110 and 43.21C.120—
Procedure—Finality. (1) All challenges in regard to the
consistency of the rules adopted pursuant to RCW
43.21C.120 and with the rules and guidelines adopted pursuant to RCW 43.21C.110 shall be initiated by filing a petition
for review with the pollution control hearings board in accordance with rules of practice and procedures promulgated by
the hearings board.
(2) All challenges to the hearings board provided under
this section shall be decided on the basis of conformance of
rules, with the applicable rules and guidelines adopted pursuant to RCW 43.21C.110. The board may in its discretion
require briefs, testimony, and oral arguments.
(3) The decisions of the hearings board authorized under
this section shall be final. [1974 ex.s. c 179 § 9.]
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
Severability—1974 ex.s. c 179: See RCW 43.21C.910.
43.21B.260
43.21B.260 Regulations and amendments of activated air pollution control authorities—Filing with hearings board authorized—Evidence. Activated air pollution
control authorities, established under chapter 70.94 RCW,
may file certified copies of their regulations and amendments
thereto with the pollution control hearings board of the state
of Washington, and the hearings board shall take judicial note
of the copies so filed and the said regulations and amendments shall be received and admitted, by reference, in all
hearings before the board, as prima facie evidence that such
regulations and amendments on file are in full force and
effect. [1974 ex.s. c 69 § 5.]
43.21B.300
43.21B.300 Penalty procedures. (1) Any civil penalty
provided in RCW 18.104.155, 70.94.431, 70.105.080,
70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and
90.56.330 shall be imposed by a notice in writing, either by
certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department
or the local air authority, describing the violation with reasonable particularity. Within thirty days after the notice is
received, the person incurring the penalty may apply in writing to the department or the authority for the remission or
mitigation of the penalty. Upon receipt of the application, the
department or authority may remit or mitigate the penalty
upon whatever terms the department or the authority in its
discretion deems proper. The department or the authority
[Title 43 RCW—page 136]
may ascertain the facts regarding all such applications in such
reasonable manner and under such rules as it may deem
proper and shall remit or mitigate the penalty only upon a
demonstration of extraordinary circumstances such as the
presence of information or factors not considered in setting
the original penalty.
(2) Any penalty imposed under this section may be
appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the hearings
board and served on the department or authority thirty days
after the date of receipt by the person penalized of the notice
imposing the penalty or thirty days after the date of receipt of
the notice of disposition of the application for relief from
penalty.
(3) A penalty shall become due and payable on the later
of:
(a) Thirty days after receipt of the notice imposing the
penalty;
(b) Thirty days after receipt of the notice of disposition
on application for relief from penalty, if such an application
is made; or
(c) Thirty days after receipt of the notice of decision of
the hearings board if the penalty is appealed.
(4) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the
attorney general, upon request of the department, shall bring
an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which the
violator does business, to recover the penalty. If the amount
of the penalty is not paid to the authority within thirty days
after it becomes due and payable, the authority may bring an
action to recover the penalty in the superior court of the
county of the authority's main office or of any county in
which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.
(5) All penalties recovered shall be paid into the state
treasury and credited to the general fund except those penalties imposed pursuant to RCW 18.104.155, which shall be
credited to the reclamation account as provided in RCW
18.104.155(7), RCW 70.94.431, the disposition of which
shall be governed by that provision, RCW 70.105.080, which
shall be credited to the hazardous waste control and elimination account, created by RCW 70.105.180, and RCW
90.56.330, which shall be credited to the coastal protection
fund created by RCW 90.48.390. [2004 c 204 § 4; 2001 c 36
§ 2; 1993 c 387 § 23; 1992 c 73 § 2; 1987 c 109 § 5.]
Effective date—1993 c 387: See RCW 18.104.930.
Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and
90.56.905.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
43.21B.305
43.21B.305 Appeals involving penalties of five thousand dollars or less. In an appeal that involves a penalty of
five thousand dollars or less, the appeal may be heard by one
member of the board, whose decision shall be the final decision of the board. The board shall define by rule alternative
procedures to expedite small appeals. These alternatives may
include: Mediation, upon agreement of all parties; submis(2004 Ed.)
State Environmental Policy
sion of testimony by affidavit; or other forms that may lead to
less formal and faster resolution of appeals. [1994 c 253 § 5.]
43.21B.310
43.21B.310 Appeal of orders, permits, and licenses.
(1) Except as provided in RCW 90.03.210(2), any order
issued by the department or local air authority pursuant to
RCW 70.94.211, 70.94.332, 70.105.095, 43.27A.190,
86.16.020, 88.46.070, or 90.48.120(2) or any provision
enacted after July 26, 1987, or any permit, certificate, or
license issued by the department may be appealed to the pollution control hearings board if the appeal is filed with the
board and served on the department or authority within thirty
days after the date of receipt of the order. Except as provided
under chapter 70.105D RCW and RCW 90.03.210(2), this is
the exclusive means of appeal of such an order.
(2) The department or the authority in its discretion may
stay the effectiveness of an order during the pendency of such
an appeal.
(3) At any time during the pendency of an appeal of such
an order to the board, the appellant may apply pursuant to
RCW 43.21B.320 to the hearings board for a stay of the order
or for the removal thereof.
(4) Any appeal must contain the following in accordance
with the rules of the hearings board:
(a) The appellant's name and address;
(b) The date and docket number of the order, permit, or
license appealed;
(c) A description of the substance of the order, permit, or
license that is the subject of the appeal;
(d) A clear, separate, and concise statement of every
error alleged to have been committed;
(e) A clear and concise statement of facts upon which the
requester relies to sustain his or her statements of error; and
(f) A statement setting forth the relief sought.
(5) Upon failure to comply with any final order of the
department, the attorney general, on request of the department, may bring an action in the superior court of the county
where the violation occurred or the potential violation is
about to occur to obtain such relief as necessary, including
injunctive relief, to insure compliance with the order. The air
authorities may bring similar actions to enforce their orders.
(6) An appealable decision or order shall be identified as
such and shall contain a conspicuous notice to the recipient
that it may be appealed only by filing an appeal with the hearings board and serving it on the department within thirty days
of the date of receipt. [2004 c 204 § 5. Prior: 2001 c 220 §
4; 2001 c 36 § 3; 1992 c 73 § 3; 1989 c 2 § 14 (Initiative Measure No. 97, approved November 8, 1988); (1987 3rd ex.s. c
2 § 49 repealed by 1989 c 2 § 24, effective March 1, 1989);
1987 c 109 § 6.]
Intent—Construction—Effective date—2001 c 220: See notes following RCW 43.21B.110.
43.21B.320 Stays of orders. (1) A person appealing to
the hearings board an order of the department or an authority,
not stayed by the issuing agency, may obtain a stay of the
effectiveness of that order only as set forth in this section.
(2) An appealing party may request a stay by including
such a request in the appeal document, in a subsequent
motion, or by such other means as the rules of the hearings
board shall prescribe. The request must be accompanied by a
statement of grounds for the stay and evidence setting forth
the factual basis upon which request is based. The hearings
board shall hear the request for a stay as soon as possible. The
hearing on the request for stay may be consolidated with the
hearing on the merits.
(3) The applicant may make a prima facie case for stay if
the applicant demonstrates either a likelihood of success on
the merits of the appeal or irreparable harm. Upon such a
showing, the hearings board shall grant the stay unless the
department or authority demonstrates either (a) a substantial
probability of success on the merits or (b) likelihood of success on the merits and an overriding public interest which justifies denial of the stay.
(4) Unless otherwise stipulated by the parties, the hearings board, after granting or denying an application for a stay,
shall expedite the hearing and decision on the merits.
(5) Any party or other person aggrieved by the grant or
denial of a stay by the hearings board may petition the superior court for Thurston county for review of that decision pursuant to chapter 34.05 RCW pending the appeal on the merits
before the board. The superior court shall expedite its review
of the decision of the hearings board. [1987 c 109 § 7.]
43.21B.320
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
43.21B.330
43.21B.330 Summary procedures. The hearings board
shall develop procedures for summary procedures, consistent
with the rules of civil procedure for superior court on summary judgment, to decide cases before it. Such procedures
may include provisions for determinations without an oral
hearing or hearing by telephonic means. [1987 c 109 § 8.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
43.21B.900
43.21B.900 Savings—Other powers and duties not
affected—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62. See notes following
RCW 43.21A.010.
Chapter 43.21C
43.21C.010
43.21C.020
43.21C.030
43.21C.031
43.21C.033
Short title—Construction—Existing agreements—Effective date—
Severability—1989 c 2: See RCW 70.105D.900 and 70.105D.910 through
70.105D.921, respectively.
43.21C.034
43.21C.035
(2004 Ed.)
Chapter 43.21C RCW
STATE ENVIRONMENTAL POLICY
Sections
Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and
90.56.905.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Chapter 43.21C
43.21C.036
43.21C.037
Purposes.
Legislative recognitions—Declaration—Responsibility.
Guidelines for state agencies, local governments—Statements—Reports—Advice—Information.
Significant impacts.
Threshold determination to be made within ninety days after
application is complete.
Use of existing documents.
Certain irrigation projects decisions exempt from RCW
43.21C.030(2)(c).
Hazardous substance remedial actions—Procedural requirements and documents to be integrated.
Application of RCW 43.21C.030(2)(c) to forest practices.
[Title 43 RCW—page 137]
43.21C.010
Title 43 RCW: State Government—Executive
43.21C.038 Application of RCW 43.21C.030(2)(c) to school closures.
43.21C.0381 Application of RCW 43.21C.030(2)(c) to decisions pertaining to air operating permits.
43.21C.0382 Application of RCW 43.21C.030(2)(c) to watershed restoration projects—Fish habitat enhancement projects.
43.21C.0383 Application of RCW 43.21C.030(2)(c) to waste discharge
permits.
43.21C.0384 Application of RCW 43.21C.030(2)(c) to personal wireless
services facilities.
43.21C.039 Metals mining and milling operations—Environmental
impact statements required.
43.21C.040 Examination of laws, regulations, policies by state agencies
and local authorities—Report of deficiencies and corrective measures.
43.21C.050 Specific statutory obligations not affected.
43.21C.060 Chapter supplementary—Conditioning or denial of governmental action.
43.21C.065 Impact fees and fees for system improvements.
43.21C.075 Appeals.
43.21C.080 Notice of action by governmental agency—How publicized—Time limitation for commencing challenge to
action.
43.21C.087 List of filings required by RCW 43.21C.080.
43.21C.090 Decision of governmental agency to be accorded substantial
weight.
43.21C.095 State environmental policy act rules to be accorded substantial deference.
43.21C.110 Content of state environmental policy act rules.
43.21C.120 Rules, ordinances, resolutions and regulations—Adoption—
Effective dates.
43.21C.130 Model ordinances.
43.21C.135 Authority of local governmental units to adopt rules, guidelines and model ordinances by reference.
43.21C.150 RCW 43.21C.030(2)(c) inapplicable when statement previously prepared pursuant to national environmental policy
act.
43.21C.160 Utilization of statement prepared under RCW 43.21C.030 to
implement chapter 90.62 RCW—Utilization of chapter
90.62 RCW procedures to satisfy RCW 43.21C.030(2)(c).
43.21C.165 Challenges to consistency of rules adopted pursuant to RCW
43.21C.110 and 43.21C.160—Procedure—Finality.
43.21C.170 Council on environmental policy.
43.21C.175 Council on environmental policy—Personnel.
43.21C.210 Certain actions during state of emergency exempt from chapter.
43.21C.220 Incorporation of city or town exempt from chapter.
43.21C.222 Annexation by city or town exempt from chapter.
43.21C.225 Consolidation and annexation of cities and towns exempt
from chapter.
43.21C.227 Disincorporation of a city or town or reduction of city or
town limits exempt from chapter.
43.21C.229 Infill development—Categorical exemptions from chapter.
43.21C.230 Development and adoption of plan under chapter 43.180
RCW exempt from chapter.
43.21C.240 Project review under the growth management act.
43.21C.250 Forest practices board—Emergency rules—Exempt from
chapter.
43.21C.260 Certain actions not subject to RCW 43.21C.030(2)(c)—
Threshold determination on a watershed analysis.
43.21C.270 Certain secure community transition facilities not subject to
this chapter.
43.21C.300 Workshops—Handbook.
43.21C.400 Unfinished nuclear power projects—Council action exempt
from this chapter.
43.21C.900 Short title.
43.21C.910 Severability—1974 ex.s. c 179.
43.21C.911 Section headings not part of law—1983 c 117.
43.21C.912 Applicability—1983 c 117.
43.21C.913 Severability—1983 c 117.
43.21C.914 Effective dates—1983 c 117.
Economic policy: Chapter 43.21H RCW.
43.21C.010
43.21C.010 Purposes. The purposes of this chapter are:
(1) To declare a state policy which will encourage productive
and enjoyable harmony between man and his environment;
(2) to promote efforts which will prevent or eliminate damage to the environment and biosphere; (3) and stimulate the
health and welfare of man; and (4) to enrich the understanding of the ecological systems and natural resources important
to the state and nation. [1971 ex.s. c 109 § 1.]
[Title 43 RCW—page 138]
43.21C.020
43.21C.020 Legislative recognitions—Declaration—
Responsibility. (1) The legislature, recognizing that man
depends on his biological and physical surroundings for food,
shelter, and other needs, and for cultural enrichment as well;
and recognizing further the profound impact of man's activity
on the interrelations of all components of the natural environment, particularly the profound influences of population
growth, high-density urbanization, industrial expansion,
resource utilization and exploitation, and new and expanding
technological advances and recognizing further the critical
importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares
that it is the continuing policy of the state of Washington, in
cooperation with federal and local governments, and other
concerned public and private organizations, to use all practicable means and measures, including financial and technical
assistance, in a manner calculated to: (a) Foster and promote
the general welfare; (b) to create and maintain conditions
under which man and nature can exist in productive harmony; and (c) fulfill the social, economic, and other requirements of present and future generations of Washington citizens.
(2) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the state of Washington and all agencies of the state to use all practicable means,
consistent with other essential considerations of state policy,
to improve and coordinate plans, functions, programs, and
resources to the end that the state and its citizens may:
(a) Fulfill the responsibilities of each generation as
trustee of the environment for succeeding generations;
(b) Assure for all people of Washington safe, healthful,
productive, and aesthetically and culturally pleasing surroundings;
(c) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other
undesirable and unintended consequences;
(d) Preserve important historic, cultural, and natural
aspects of our national heritage;
(e) Maintain, wherever possible, an environment which
supports diversity and variety of individual choice;
(f) Achieve a balance between population and resource
use which will permit high standards of living and a wide
sharing of life's amenities; and
(g) Enhance the quality of renewable resources and
approach the maximum attainable recycling of depletable
resources.
(3) The legislature recognizes that each person has a fundamental and inalienable right to a healthful environment and
that each person has a responsibility to contribute to the preservation and enhancement of the environment. [1971 ex.s. c
109 § 2.]
43.21C.030
43.21C.030 Guidelines for state agencies, local governments—Statements—Reports—Advice—Information. The legislature authorizes and directs that, to the fullest
extent possible: (1) The policies, regulations, and laws of the
state of Washington shall be interpreted and administered in
accordance with the policies set forth in this chapter, and (2)
all branches of government of this state, including state agencies, municipal and public corporations, and counties shall:
(2004 Ed.)
State Environmental Policy
(a) Utilize a systematic, interdisciplinary approach
which will insure the integrated use of the natural and social
sciences and the environmental design arts in planning and in
decision making which may have an impact on man's environment;
(b) Identify and develop methods and procedures, in
consultation with the department of ecology and the ecological commission, which will insure that presently unquantified
environmental amenities and values will be given appropriate
consideration in decision making along with economic and
technical considerations;
(c) Include in every recommendation or report on proposals for legislation and other major actions significantly
affecting the quality of the environment, a detailed statement
by the responsible official on:
(i) the environmental impact of the proposed action;
(ii) any adverse environmental effects which cannot be
avoided should the proposal be implemented;
(iii) alternatives to the proposed action;
(iv) the relationship between local short-term uses of
man's environment and the maintenance and enhancement of
long-term productivity; and
(v) any irreversible and irretrievable commitments of
resources which would be involved in the proposed action
should it be implemented;
(d) Prior to making any detailed statement, the responsible official shall consult with and obtain the comments of any
public agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the
appropriate federal, province, state, and local agencies, which
are authorized to develop and enforce environmental standards, shall be made available to the governor, the department of ecology, the ecological commission, and the public,
and shall accompany the proposal through the existing
agency review processes;
(e) Study, develop, and describe appropriate alternatives
to recommended courses of action in any proposal which
involves unresolved conflicts concerning alternative uses of
available resources;
(f) Recognize the world-wide and long-range character
of environmental problems and, where consistent with state
policy, lend appropriate support to initiatives, resolutions,
and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of
mankind's world environment;
(g) Make available to the federal government, other
states, provinces of Canada, municipalities, institutions, and
individuals, advice and information useful in restoring, maintaining, and enhancing the quality of the environment;
(h) Initiate and utilize ecological information in the planning and development of natural resource-oriented projects.
[1971 ex.s. c 109 § 3.]
43.21C.031 Significant impacts. (1) An environmental
impact statement (the detailed statement required by RCW
43.21C.030(2)(c)) shall be prepared on proposals for legislation and other major actions having a probable significant,
adverse environmental impact. The environmental impact
statement may be combined with the recommendation or
report on the proposal or issued as a separate document. The
43.21C.031
(2004 Ed.)
43.21C.033
substantive decisions or recommendations shall be clearly
identifiable in the combined document. Actions categorically
exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact
statement under this chapter. In a county, city, or town planning under RCW 36.70A.040, a planned action, as provided
for in subsection (2) of this section, does not require a threshold determination or the preparation of an environmental
impact statement under this chapter, but is subject to environmental review and mitigation as provided in this chapter.
An environmental impact statement is required to analyze only those probable adverse environmental impacts
which are significant. Beneficial environmental impacts may
be discussed. The responsible official shall consult with
agencies and the public to identify such impacts and limit the
scope of an environmental impact statement. The subjects
listed in RCW 43.21C.030(2)(c) need not be treated as separate sections of an environmental impact statement. Discussions of significant short-term and long-term environmental
impacts, significant irrevocable commitments of natural
resources, significant alternatives including mitigation measures, and significant environmental impacts which cannot be
mitigated should be consolidated or included, as applicable,
in those sections of an environmental impact statement where
the responsible official decides they logically belong.
(2)(a) For purposes of this section, a planned action
means one or more types of project action that:
(i) Are designated planned actions by an ordinance or
resolution adopted by a county, city, or town planning under
RCW 36.70A.040;
(ii) Have had the significant impacts adequately
addressed in an environmental impact statement prepared in
conjunction with (A) a comprehensive plan or subarea plan
adopted under chapter 36.70A RCW, or (B) a fully contained
community, a master planned resort, a master planned development, or a phased project;
(iii) Are subsequent or implementing projects for the
proposals listed in (a)(ii) of this subsection;
(iv) Are located within an urban growth area, as defined
in RCW 36.70A.030;
(v) Are not essential public facilities, as defined in RCW
36.70A.200; and
(vi) Are consistent with a comprehensive plan adopted
under chapter 36.70A RCW.
(b) A county, city, or town shall limit planned actions to
certain types of development or to specific geographical
areas that are less extensive than the jurisdictional boundaries
of the county, city, or town and may limit a planned action to
a time period identified in the environmental impact statement or the ordinance or resolution adopted under this subsection. [1995 c 347 § 203; 1983 c 117 § 1.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
43.21C.033
43.21C.033 Threshold determination to be made
within ninety days after application is complete. (1)
Except as provided in subsection (2) of this section, the
responsible official shall make a threshold determination on a
completed application within ninety days after the application and supporting documentation are complete. The applicant may request an additional thirty days for the threshold
[Title 43 RCW—page 139]
43.21C.034
Title 43 RCW: State Government—Executive
determination. The governmental entity responsible for making the threshold determination shall by rule, resolution, or
ordinance adopt standards, consistent with rules adopted by
the department to implement this chapter, for determining
when an application and supporting documentation are complete.
(2) This section shall not apply to a city, town, or county
that:
(a) By ordinance adopted prior to April 1, 1992, has
adopted procedures to integrate permit and land use decisions
with the requirements of this chapter; or
(b) Is planning under RCW 36.70A.040 and is subject to
the requirements of *RCW 36.70B.090. [1995 c 347 § 422;
1992 c 208 § 1.]
*Reviser's note: RCW 36.70B.090 expired June 30, 2000, pursuant to
1998 c 286 § 8.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Effective date—1992 c 208 § 1: "Section 1 of this act shall take effect
September 1, 1992." [1992 c 208 § 2.]
43.21C.034
43.21C.034 Use of existing documents. Lead agencies
are authorized to use in whole or in part existing environmental documents for new project or nonproject actions, if the
documents adequately address environmental considerations
set forth in RCW 43.21C.030. The prior proposal or action
and the new proposal or action need not be identical, but must
have similar elements that provide a basis for comparing their
environmental consequences such as timing, types of
impacts, alternatives, or geography. The lead agency shall
independently review the content of the existing documents
and determine that the information and analysis to be used is
relevant and adequate. If necessary, the lead agency may
require additional documentation to ensure that all environmental impacts have been adequately addressed. [1993 c 23
§ 1.]
43.21C.035
43.21C.035 Certain irrigation projects decisions
exempt from RCW 43.21C.030(2)(c). Decisions pertaining
to applications for appropriation of fifty cubic feet of water
per second or less for irrigation projects promulgated by any
person, private firm, private corporation or private association without resort to subsidy by either state or federal government pursuant to RCW 90.03.250 through 90.03.340, as
now or hereafter amended, to be used for agricultural irrigation shall not be subject to the requirements of RCW
43.21C.030(2)(c), as now or hereafter amended. [1974 ex.s.
c 150 § 1.]
43.21C.036
43.21C.036 Hazardous substance remedial actions—
Procedural requirements and documents to be integrated. In conducting a remedial action at a facility pursuant
to a consent decree, order, or agreed order issued pursuant to
chapter 70.105D RCW, or if conducted by the department of
ecology, the department of ecology to the maximum extent
practicable shall integrate the procedural requirements and
documents of this chapter with the procedures and documents
under chapter 70.105D RCW. Such integration shall at a minimum include the public participation procedures of chapter
70.105D RCW and the public notice and review requirements
of this chapter. [1994 c 257 § 21.]
[Title 43 RCW—page 140]
Severability—1994 c 257: See note following RCW 36.70A.270.
43.21C.037
43.21C.037 Application of RCW 43.21C.030(2)(c) to
forest practices. (1) Decisions pertaining to applications for
Class I, II, and III forest practices, as defined by rule of the
forest practices board under RCW 76.09.050, are not subject
to the requirements of RCW 43.21C.030(2)(c) as now or
hereafter amended.
(2) When the applicable county, city, or town requires a
license in connection with any proposal involving forest
practices (a) on lands platted after January 1, 1960, as provided in chapter 58.17 RCW, (b) on lands that have or are
being converted to another use, or (c) on lands which, pursuant to RCW 76.09.070 as now or hereafter amended, are not
to be reforested because of the likelihood of future conversion to urban development, then the local government, rather
than the department of natural resources, is responsible for
any detailed statement required under RCW
43.21C.030(2)(c).
(3) Those forest practices determined by rule of the forest practices board to have a potential for a substantial impact
on the environment, and thus to be Class IV practices, require
an evaluation by the department of natural resources as to
whether or not a detailed statement must be prepared pursuant to this chapter. The evaluation shall be made within ten
days from the date the department receives the application. A
Class IV forest practice application must be approved or disapproved by the department within thirty calendar days from
the date the department receives the application, unless the
department determines that a detailed statement must be
made, in which case the application must be approved or disapproved by the department within sixty days from the date
the department receives the application, unless the commissioner of public lands, through the promulgation of a formal
order, determines that the process cannot be completed
within such period. This section shall not be construed to prevent any local or regional governmental entity from determining that a detailed statement must be prepared for an
action regarding a Class IV forest practice taken by that governmental entity concerning the land on which forest practices will be conducted. [1997 c 173 § 6; 1983 c 117 § 2;
1981 c 290 § 1.]
43.21C.038
43.21C.038 Application of RCW 43.21C.030(2)(c) to
school closures. Nothing in RCW 43.21C.030(2)(c) shall be
construed to require the preparation of an environmental
impact statement or the making of a threshold determination
for any decision or any action commenced subsequent to
September 1, 1982, pertaining to a plan, program, or decision
for the closure of a school or schools or for the school closure
portion of any broader policy, plan or program by a school
district board of directors. [1983 c 109 § 1.]
43.21C.0381
43.21C.0381 Application of RCW 43.21C.030(2)(c) to
decisions pertaining to air operating permits. Decisions
pertaining to the issuance, renewal, reopening, or revision of
an air operating permit under RCW 70.94.161 are not subject
to the requirements of RCW 43.21C.030(2)(c). [1995 c 172
§ 1.]
(2004 Ed.)
State Environmental Policy
43.21C.0382
43.21C.0382 Application of RCW 43.21C.030(2)(c) to
watershed restoration projects—Fish habitat enhancement projects. Decisions pertaining to watershed restoration projects as defined in RCW 89.08.460 are not subject to
the requirements of RCW 43.21C.030(2)(c). Decisions pertaining to fish habitat enhancement projects meeting the criteria of RCW 77.55.290(1) and being reviewed and approved
according to the provisions of RCW 77.55.290 are not subject to the requirements of RCW 43.21C.030(2)(c). [2003 c
39 § 23; 1998 c 249 § 12; 1995 c 378 § 12.]
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
43.21C.060
inches; or (ii) if a tubular antenna, no more than four inches
in diameter and no more than six feet in length. [1996 c 323
§ 2.]
Findings—1996 c 323: See note following RCW 43.70.600.
43.21C.039
43.21C.039 Metals mining and milling operations—
Environmental impact statements required. Notwithstanding any provision in RCW 43.21C.030 and 43.21C.031
to the contrary, an environmental impact statement shall be
prepared for any proposed metals mining and milling operation as required by RCW 78.56.050. [1994 c 232 § 25.]
Severability—1994 c 232: See RCW 78.56.900.
43.21C.0383
43.21C.0383 Application of RCW 43.21C.030(2)(c) to
waste discharge permits. The issuance, reissuance, or modification of a waste discharge permit that contains conditions
no less stringent than federal effluent limitations and state
rules is not subject to the requirements of RCW
43.21C.030(2)(c). This exemption applies to existing discharges only and does not apply to new source discharges.
[1996 c 322 § 1.]
43.21C.0384
43.21C.0384 Application of RCW 43.21C.030(2)(c) to
personal wireless services facilities. (1) Decisions pertaining to applications to site personal wireless service facilities
are not subject to the requirements of RCW
43.21C.030(2)(c), if those facilities meet the following
requirements:
(a)(i) The facility to be sited is a microcell and is to be
attached to an existing structure that is not a residence or
school and does not contain a residence or a school; or (ii) the
facility includes personal wireless service antennas, other
than a microcell, and is to be attached to an existing structure
(that may be an existing tower) that is not a residence or
school and does not contain a residence or a school, and the
existing structure to which it is to be attached is located in a
commercial, industrial, manufacturing, forest, or agricultural
zone; or (iii) the siting project involves constructing a personal wireless service tower less than sixty feet in height that
is located in a commercial, industrial, manufacturing, forest,
or agricultural zone; and
(b) The project is not in a designated environmentally
sensitive area; and
(c) The project does not consist of a series of actions: (i)
Some of which are not categorically exempt; or (ii) that
together may have a probable significant adverse environmental impact.
(2) The department of ecology shall adopt rules to create
a categorical exemption for microcells and other personal
wireless service facilities that meet the conditions set forth in
subsection (1) of this section.
(3) For the purposes of this section:
(a) "Personal wireless services" means commercial
mobile services, unlicensed wireless services, and common
carrier wireless exchange access services, as defined by federal laws and regulations.
(b) "Personal wireless service facilities" means facilities
for the provision of personal wireless services.
(c) "Microcell" means a wireless communication facility
consisting of an antenna that is either: (i) Four feet in height
and with an area of not more than five hundred eighty square
(2004 Ed.)
Effective date—1994 c 232 §§ 1-5, 9-17, and 23-31: See RCW
78.56.901.
Disclosures required with SEPA checklist, metals mining and milling operations: RCW 78.56.040.
43.21C.040
43.21C.040 Examination of laws, regulations, policies by state agencies and local authorities—Report of
deficiencies and corrective measures. All branches of government of this state, including state agencies, municipal and
public corporations, and counties shall review their present
statutory authority, administrative regulations, and current
policies and procedures for the purpose of determining
whether there are any deficiencies or inconsistencies therein
which prohibit full compliance with the purposes and provisions of this chapter and shall propose to the governor not
later than January 1, 1972, such measures as may be necessary to bring their authority and policies in conformity with
the intent, purposes, and procedures set forth in this chapter.
[1971 ex.s. c 109 § 4.]
43.21C.050
43.21C.050 Specific statutory obligations not
affected. Nothing in RCW 43.21C.030 or 43.21C.040 shall
in any way affect the specific statutory obligations of any
agency (1) to comply with criteria or standards of environmental quality, (2) to coordinate or consult with any other
public agency, or (3) to act, or refrain from acting contingent
upon the recommendations or certification of any other public agency. [1971 ex.s. c 109 § 5.]
43.21C.060
43.21C.060 Chapter supplementary—Conditioning
or denial of governmental action. The policies and goals
set forth in this chapter are supplementary to those set forth in
existing authorizations of all branches of government of this
state, including state agencies, municipal and public corporations, and counties. Any governmental action may be conditioned or denied pursuant to this chapter: PROVIDED, That
such conditions or denials shall be based upon policies identified by the appropriate governmental authority and incorporated into regulations, plans, or codes which are formally designated by the agency (or appropriate legislative body, in the
case of local government) as possible bases for the exercise
of authority pursuant to this chapter. Such designation shall
occur at the time specified by RCW 43.21C.120. Such action
may be conditioned only to mitigate specific adverse environmental impacts which are identified in the environmental
documents prepared under this chapter. These conditions
shall be stated in writing by the decisionmaker. Mitigation
measures shall be reasonable and capable of being accom[Title 43 RCW—page 141]
43.21C.065
Title 43 RCW: State Government—Executive
plished. In order to deny a proposal under this chapter, an
agency must find that: (1) The proposal would result in significant adverse impacts identified in a final or supplemental
environmental impact statement prepared under this chapter;
and (2) reasonable mitigation measures are insufficient to
mitigate the identified impact. Except for permits and variances issued pursuant to chapter 90.58 RCW, when such a
governmental action, not requiring a legislative decision, is
conditioned or denied by a nonelected official of a local governmental agency, the decision shall be appealable to the legislative authority of the acting local governmental agency
unless that legislative authority formally eliminates such
appeals. Such appeals shall be in accordance with procedures
established for such appeals by the legislative authority of the
acting local governmental agency. [1983 c 117 § 3; 1977
ex.s. c 278 § 2; 1971 ex.s. c 109 § 6.]
43.21C.065
43.21C.065 Impact fees and fees for system improvements. A person required to pay an impact fee for system
improvements pursuant to RCW 82.02.050 through
82.02.090 shall not be required to pay a fee pursuant to RCW
43.21C.060 for those same system improvements. [1992 c
219 § 1.]
43.21C.075
43.21C.075 Appeals. (1) Because a major purpose of
this chapter is to combine environmental considerations with
public decisions, any appeal brought under this chapter shall
be linked to a specific governmental action. The State Environmental Policy Act provides a basis for challenging
whether governmental action is in compliance with the substantive and procedural provisions of this chapter. The State
Environmental Policy Act is not intended to create a cause of
action unrelated to a specific governmental action.
(2) Unless otherwise provided by this section:
(a) Appeals under this chapter shall be of the governmental action together with its accompanying environmental
determinations.
(b) Appeals of environmental determinations made (or
lacking) under this chapter shall be commenced within the
time required to appeal the governmental action which is subject to environmental review.
(3) If an agency has a procedure for appeals of agency
environmental determinations made under this chapter, such
procedure:
(a) Shall allow no more than one agency appeal proceeding on each procedural determination (the adequacy of a
determination of significance/nonsignificance or of a final
environmental impact statement);
(b) Shall consolidate an appeal of procedural issues and
of substantive determinations made under this chapter (such
as a decision to require particular mitigation measures or to
deny a proposal) with a hearing or appeal on the underlying
governmental action by providing for a single simultaneous
hearing before one hearing officer or body to consider the
agency decision or recommendation on a proposal and any
environmental determinations made under this chapter, with
the exception of:
(i) An appeal of a determination of significance;
(ii) An appeal of a procedural determination made by an
agency when the agency is a project proponent, or is funding
[Title 43 RCW—page 142]
a project, and chooses to conduct its review under this chapter, including any appeals of its procedural determinations,
prior to submitting an application for a project permit;
(iii) An appeal of a procedural determination made by an
agency on a nonproject action; or
(iv) An appeal to the local legislative authority under
RCW 43.21C.060 or other applicable state statutes;
(c) Shall provide for the preparation of a record for use in
any subsequent appeal proceedings, and shall provide for any
subsequent appeal proceedings to be conducted on the record,
consistent with other applicable law. An adequate record consists of findings and conclusions, testimony under oath, and
taped or written transcript. An electronically recorded transcript will suffice for purposes of review under this subsection; and
(d) Shall provide that procedural determinations made
by the responsible official shall be entitled to substantial
weight.
(4) If a person aggrieved by an agency action has the
right to judicial appeal and if an agency has an administrative
appeal procedure, such person shall, prior to seeking any
judicial review, use such agency procedure if any such procedure is available, unless expressly provided otherwise by
state statute.
(5) Some statutes and ordinances contain time periods
for challenging governmental actions which are subject to
review under this chapter, such as various local land use
approvals (the "underlying governmental action"). RCW
43.21C.080 establishes an optional "notice of action" procedure which, if used, imposes a time period for appealing decisions under this chapter. This subsection does not modify any
such time periods. In this subsection, the term "appeal" refers
to a judicial appeal only.
(a) If there is a time period for appealing the underlying
governmental action, appeals under this chapter shall be commenced within such time period. The agency shall give official notice stating the date and place for commencing an
appeal.
(b) If there is no time period for appealing the underlying
governmental action, and a notice of action under RCW
43.21C.080 is used, appeals shall be commenced within the
time period specified by RCW 43.21C.080.
(6)(a) Judicial review under subsection (5) of this section
of an appeal decision made by an agency under subsection (3)
of this section shall be on the record, consistent with other
applicable law.
(b) A taped or written transcript may be used. If a taped
transcript is to be reviewed, a record shall identify the location on the taped transcript of testimony and evidence to be
reviewed. Parties are encouraged to designate only those portions of the testimony necessary to present the issues raised
on review, but if a party alleges that a finding of fact is not
supported by evidence, the party should include in the record
all evidence relevant to the disputed finding. Any other party
may designate additional portions of the taped transcript
relating to issues raised on review. A party may provide a
written transcript of portions of the testimony at the party's
own expense or apply to that court for an order requiring the
party seeking review to pay for additional portions of the
written transcript.
(2004 Ed.)
State Environmental Policy
(c) Judicial review under this chapter shall without
exception be of the governmental action together with its
accompanying environmental determinations.
(7) Jurisdiction over the review of determinations under
this chapter in an appeal before an agency or superior court
shall upon consent of the parties be transferred in whole or
part to the shorelines hearings board. The shorelines hearings
board shall hear the matter and sign the final order expeditiously. The superior court shall certify the final order of the
shorelines hearings board and the certified final order may
only be appealed to an appellate court. In the case of an
appeal under this chapter regarding a project or other matter
that is also the subject of an appeal to the shorelines hearings
board under chapter 90.58 RCW, the shorelines hearings
board shall have sole jurisdiction over both the appeal under
this section and the appeal under chapter 90.58 RCW, shall
consider them together, and shall issue a final order within
one hundred eighty days as provided in RCW 90.58.180.
(8) For purposes of this section and RCW 43.21C.080,
the words "action", "decision", and "determination" mean
substantive agency action including any accompanying procedural determinations under this chapter (except where the
word "action" means "appeal" in RCW 43.21C.080(2)). The
word "action" in this section and RCW 43.21C.080 does not
mean a procedural determination by itself made under this
chapter. The word "determination" includes any environmental document required by this chapter and state or local implementing rules. The word "agency" refers to any state or local
unit of government. Except as provided in subsection (5) of
this section, the word "appeal" refers to administrative, legislative, or judicial appeals.
(9) The court in its discretion may award reasonable
attorneys' fees of up to one thousand dollars in the aggregate
to the prevailing party, including a governmental agency, on
issues arising out of this chapter if the court makes specific
findings that the legal position of a party is frivolous and
without reasonable basis. [1997 c 429 § 49; 1995 c 347 §
204; 1994 c 253 § 4; 1983 c 117 § 4.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
43.21C.080 Notice of action by governmental
agency—How publicized—Time limitation for commencing challenge to action. (1) Notice of any action taken by a
governmental agency may be publicized by the acting governmental agency, the applicant for, or the proponent of such
action, in substantially the form as set forth in rules adopted
under RCW 43.21C.110:
(a) By publishing notice on the same day of each week
for two consecutive weeks in a legal newspaper of general
circulation in the area where the property which is the subject
of the action is located;
(b) By filing notice of such action with the department of
ecology at its main office in Olympia prior to the date of the
last newspaper publication; and
(c) Except for those actions which are of a nonproject
nature, by one of the following methods which shall be
accomplished prior to the date of first newspaper publication;
(i) Mailing to the latest recorded real property owners, as
shown by the records of the county treasurer, who share a
43.21C.090
common boundary line with the property upon which the
project is proposed through United States mail, first class,
postage prepaid.
(ii) Posting of the notice in a conspicuous manner on the
property upon which the project is to be constructed.
(2)(a) Except as otherwise provided in RCW
43.21C.075(5)(a), any action to set aside, enjoin, review, or
otherwise challenge any such governmental action or subsequent governmental action for which notice is given as provided in subsection (1) of this section on grounds of noncompliance with the provisions of this chapter shall be commenced within twenty-one days from the date of last
newspaper publication of the notice pursuant to subsection
(1) of this section, or be barred.
(b) Any subsequent governmental action on the proposal
for which notice has been given as provided in subsection (1)
of this section shall not be set aside, enjoined, reviewed, or
otherwise challenged on grounds of noncompliance with the
provisions of RCW 43.21C.030(2)(a) through (h) unless
there has been a substantial change in the proposal between
the time of the first governmental action and the subsequent
governmental action that is likely to have adverse environmental impacts beyond the range of impacts previously analyzed, or unless the action now being considered was identified in an earlier detailed statement or declaration of nonsignificance as being one which would require further
environmental evaluation. [1995 c 347 § 205; 1977 ex.s. c
278 § 1; 1974 ex.s. c 179 § 2; 1973 1st ex.s. c 179 § 2.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Purpose—1974 ex.s. c 179: "The purpose of this 1974 amendatory act
is to establish methods and means of providing for full implementation of
chapter 43.21C RCW (the state environmental policy act of 1971) in a manner which reduces duplicative and wasteful practices, establishes effective
and uniform procedures, encourages public involvement, and promotes certainty with respect to the requirements of the act." [1974 ex.s. c 179 § 1.]
Effective date—1973 1st ex.s. c 179: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions and shall take effect
on July 1, 1973: PROVIDED, HOWEVER, That prior thereto, the department of ecology may take such actions, including the issuing of notices and
the conduct of public hearing, as are necessary to insure the implementation
of section 1 of this act." [1973 1st ex.s. c 179 § 4.]
43.21C.080
(2004 Ed.)
43.21C.087
43.21C.087 List of filings required by RCW
43.21C.080. The department of ecology shall prepare a list
of all filings required by RCW 43.21C.080 each week and
shall make such list available to any interested party. The list
of filings shall include a brief description of the governmental action and the project involved in such action, along with
the location of where information on the project or action
may be obtained. Failure of the department to include any
project or action shall not affect the running of the statute of
limitations provided in RCW 43.21C.080. [1974 ex.s. c 179
§ 14.]
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
43.21C.090
43.21C.090 Decision of governmental agency to be
accorded substantial weight. In any action involving an
attack on a determination by a governmental agency relative
to the requirement or the absence of the requirement, or the
adequacy of a "detailed statement", the decision of the gov[Title 43 RCW—page 143]
43.21C.095
Title 43 RCW: State Government—Executive
ernmental agency shall be accorded substantial weight.
[1973 1st ex.s. c 179 § 3.]
Effective date—1973 1st ex.s. c 179: See note following RCW
43.21C.080.
43.21C.095
43.21C.095 State environmental policy act rules to be
accorded substantial deference. The rules promulgated
under RCW 43.21C.110 shall be accorded substantial deference in the interpretation of this chapter. [1983 c 117 § 5.]
43.21C.110
43.21C.110 Content of state environmental policy act
rules. It shall be the duty and function of the department of
ecology:
(1) To adopt and amend thereafter rules of interpretation
and implementation of this chapter, subject to the requirements of chapter 34.05 RCW, for the purpose of providing
uniform rules and guidelines to all branches of government
including state agencies, political subdivisions, public and
municipal corporations, and counties. The proposed rules
shall be subject to full public hearings requirements associated with rule promulgation. Suggestions for modifications
of the proposed rules shall be considered on their merits, and
the department shall have the authority and responsibility for
full and appropriate independent promulgation and adoption
of rules, assuring consistency with this chapter as amended
and with the preservation of protections afforded by this
chapter. The rule-making powers authorized in this section
shall include, but shall not be limited to, the following phases
of interpretation and implementation of this chapter:
(a) Categories of governmental actions which are not to
be considered as potential major actions significantly affecting the quality of the environment, including categories pertaining to applications for water right permits pursuant to
chapters 90.03 and 90.44 RCW. The types of actions
included as categorical exemptions in the rules shall be limited to those types which are not major actions significantly
affecting the quality of the environment. The rules shall provide for certain circumstances where actions which potentially are categorically exempt require environmental review.
An action that is categorically exempt under the rules
adopted by the department may not be conditioned or denied
under this chapter.
(b) Rules for criteria and procedures applicable to the
determination of when an act of a branch of government is a
major action significantly affecting the quality of the environment for which a detailed statement is required to be prepared pursuant to RCW 43.21C.030.
(c) Rules and procedures applicable to the preparation of
detailed statements and other environmental documents,
including but not limited to rules for timing of environmental
review, obtaining comments, data and other information, and
providing for and determining areas of public participation
which shall include the scope and review of draft environmental impact statements.
(d) Scope of coverage and contents of detailed statements assuring that such statements are simple, uniform, and
as short as practicable; statements are required to analyze
only reasonable alternatives and probable adverse environmental impacts which are significant, and may analyze beneficial impacts.
[Title 43 RCW—page 144]
(e) Rules and procedures for public notification of
actions taken and documents prepared.
(f) Definition of terms relevant to the implementation of
this chapter including the establishment of a list of elements
of the environment. Analysis of environmental considerations under RCW 43.21C.030(2) may be required only for
those subjects listed as elements of the environment (or portions thereof). The list of elements of the environment shall
consist of the "natural" and "built" environment. The elements of the built environment shall consist of public services and utilities (such as water, sewer, schools, fire and
police protection), transportation, environmental health (such
as explosive materials and toxic waste), and land and shoreline use (including housing, and a description of the relationships with land use and shoreline plans and designations,
including population).
(g) Rules for determining the obligations and powers
under this chapter of two or more branches of government
involved in the same project significantly affecting the quality of the environment.
(h) Methods to assure adequate public awareness of the
preparation and issuance of detailed statements required by
RCW 43.21C.030(2)(c).
(i) To prepare rules for projects setting forth the time
limits within which the governmental entity responsible for
the action shall comply with the provisions of this chapter.
(j) Rules for utilization of a detailed statement for more
than one action and rules improving environmental analysis
of nonproject proposals and encouraging better interagency
coordination and integration between this chapter and other
environmental laws.
(k) Rules relating to actions which shall be exempt from
the provisions of this chapter in situations of emergency.
(l) Rules relating to the use of environmental documents
in planning and decision making and the implementation of
the substantive policies and requirements of this chapter,
including procedures for appeals under this chapter.
(m) Rules and procedures that provide for the integration
of environmental review with project review as provided in
RCW 43.21C.240. The rules and procedures shall be jointly
developed with the department of community, trade, and economic development and shall be applicable to the preparation
of environmental documents for actions in counties, cities,
and towns planning under RCW 36.70A.040. The rules and
procedures shall also include procedures and criteria to analyze planned actions under RCW 43.21C.031(2) and revisions to the rules adopted under this section to ensure that
they are compatible with the requirements and authorizations
of chapter 347, Laws of 1995, as amended by chapter 429,
Laws of 1997. Ordinances or procedures adopted by a
county, city, or town to implement the provisions of chapter
347, Laws of 1995 prior to the effective date of rules adopted
under this subsection (1)(m) shall continue to be effective
until the adoption of any new or revised ordinances or procedures that may be required. If any revisions are required as a
result of rules adopted under this subsection (1)(m), those
revisions shall be made within the time limits specified in
RCW 43.21C.120.
(2) In exercising its powers, functions, and duties under
this section, the department may:
(2004 Ed.)
State Environmental Policy
(a) Consult with the state agencies and with representatives of science, industry, agriculture, labor, conservation
organizations, state and local governments, and other groups,
as it deems advisable; and
(b) Utilize, to the fullest extent possible, the services,
facilities, and information (including statistical information)
of public and private agencies, organizations, and individuals, in order to avoid duplication of effort and expense, overlap, or conflict with similar activities authorized by law and
performed by established agencies.
(3) Rules adopted pursuant to this section shall be subject to the review procedures of chapter 34.05 RCW. [1997 c
429 § 47; 1995 c 347 § 206; 1983 c 117 § 7; 1974 ex.s. c 179
§ 6.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
43.21C.120
43.21C.120 Rules, ordinances, resolutions and regulations—Adoption—Effective dates. (1) All agencies of
government of this state are directed, consistent with rules
and guidelines adopted under RCW 43.21C.110, including
any revisions, to adopt rules pertaining to the integration of
the policies and procedures of this chapter (the state environmental policy act of 1971), into the various programs under
their jurisdiction for implementation. Designation of polices
[policies] under RCW 43.21C.060 and adoption of rules
required under this section shall take place not later than one
hundred eighty days after the effective date of rules and
guidelines adopted pursuant to RCW 43.21C.110, or after the
establishment of an agency, whichever shall occur later.
(2) Rules adopted by state agencies under subsection (1)
of this section shall be adopted in accordance with the provisions of chapter 34.05 RCW and shall be subject to the
review procedures of RCW *34.05.538 and 34.05.240.
(3) All public and municipal corporations, political subdivisions, and counties of this state are directed, consistent
with rules and guidelines adopted under RCW 43.21C.110,
including any revisions, to adopt rules, ordinances, or resolutions pertaining to the integration of the policies and procedures of this chapter (the state environmental policy act of
1971), into the various programs under their jurisdiction for
implementation. Designation of policies under RCW
43.21C.060 and adoption of the rules required under this section shall take place not later than one hundred eighty days
after the effective date of rules and guidelines adopted pursuant to RCW 43.21C.110, or after the establishment of the
governmental entity, whichever shall occur later.
(4) Ordinances or regulations adopted prior to the effective date of rules and guidelines adopted pursuant to RCW
43.21C.110 shall continue to be effective until the adoptions
of any new or revised ordinances or regulations which may
be required: PROVIDED, That revisions required by this
section as a result of rule changes under RCW 43.21C.110
are made within the time limits specified by this section.
[1983 c 117 § 8; 1974 ex.s. c 179 § 8.]
*Reviser's note: RCW 34.05.538 was repealed by 1989 c 175 § 185,
effective July 1, 1989.
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
(2004 Ed.)
43.21C.160
43.21C.130
43.21C.130 Model ordinances. The department of
ecology, in consultation with concerned state agencies, shall
with the assistance of the associations of county prosecutors
and city attorneys, the association of county elected officials,
the Washington state association of counties, and the association of cities, draft model ordinances for use by counties, cities and towns in drafting their ordinances under this chapter.
[1974 ex.s. c 179 § 10.]
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
43.21C.135
43.21C.135 Authority of local governmental units to
adopt rules, guidelines and model ordinances by reference. (1) All public and municipal corporations, political
subdivisions, and counties of the state are authorized to adopt
rules, ordinances, and resolutions which incorporate any of
the following by reference to the appropriate sections of the
Washington Administrative Code:
(a) Rules and guidelines adopted under RCW
43.21C.110(1) in accordance with the administrative procedure act, chapter 34.05 RCW;
(b) Model ordinances adopted by the department of ecology under RCW 43.21C.130 in accordance with the administrative procedure act, chapter 34.05 RCW.
(2) If any rule, ordinance, or resolution is adopted by reference pursuant to subsection (1) of this section, any publication of such rule, ordinance, or resolution shall be accompanied by a summary of the contents of the sections of the
Washington Administrative Code referred to. Such summaries shall be provided to the adopting units of local government by the department of ecology: PROVIDED, That any
proposal for a rule, ordinance or resolution which would
adopt by reference rules and guidelines or model ordinances
pursuant to this section shall be accompanied by the full text
of the material to be adopted which need not be published but
shall be maintained on file for public use and examination.
(3) Whenever any rule, ordinance, or resolution is
adopted by reference pursuant to subsection (1) of this section, the corporation, political subdivision, or county of the
state adopting the rule, ordinance, or resolution shall maintain on file for public use and examination not less than three
copies of the sections of the Washington Administrative
Code referred to. [1975-'76 2nd ex.s. c 99 § 1.]
43.21C.150
43.21C.150 RCW 43.21C.030(2)(c) inapplicable
when statement previously prepared pursuant to national
environmental policy act. The requirements of RCW
43.21C.030(2)(c) pertaining to the preparation of a detailed
statement by branches of government shall not apply when an
adequate detailed statement has been previously prepared
pursuant to the national environmental policy act of 1969, in
which event said prepared statement may be utilized in lieu of
a separately prepared statement under RCW
43.21C.030(2)(c). [1975 1st ex.s. c 206 § 1; 1974 ex.s. c 179
§ 12.]
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
43.21C.160
43.21C.160 Utilization of statement prepared under
RCW 43.21C.030 to implement *chapter 90.62 RCW—
Utilization of *chapter 90.62 RCW procedures to satisfy
RCW 43.21C.030(2)(c). In the implementation of *chapter
[Title 43 RCW—page 145]
43.21C.165
Title 43 RCW: State Government—Executive
90.62 RCW (the Environmental Coordination Procedures
Act of 1973), the department of ecology, consistent with
guidelines adopted by the council shall adopt rules which
insure that one detailed statement prepared under RCW
43.21C.030 may be utilized by all branches of government
participating in the processing of a master application. Whenever the procedures established pursuant to *chapter 90.62
RCW are used, those procedures shall be utilized wherever
possible to satisfy the procedural requirements of RCW
43.21C.030(2)(c). The time limits for challenges provided for
in RCW 43.21C.080(2) shall be applicable when such procedures are so utilized. [1974 ex.s. c 179 § 13.]
*Reviser's note: Chapter 90.62 RCW was repealed by 1995 c 347 §
619.
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
43.21C.165
43.21C.165 Challenges to consistency of rules
adopted pursuant to RCW 43.21C.110 and 43.21C.160—
Procedure—Finality. See RCW 43.21B.250.
43.21C.170
43.21C.170 Council on environmental policy. The
legislature may establish a council on environmental policy
to review and assist in the implementation of this chapter.
[1983 c 117 § 6; 1974 ex.s. c 179 § 4. Formerly RCW
43.21C.100.]
43.21C.175
43.21C.175 Council on environmental policy—Personnel. The council may employ such personnel as are necessary for the performances of its duties. [1974 ex.s. c 179 §
5. Formerly RCW 43.21C.105.]
43.21C.210
43.21C.210 Certain actions during state of emergency exempt from chapter. This chapter does not apply to
actions authorized by RCW 43.37.215 and 43.37.220 which
are undertaken during a state of emergency declared by the
governor under RCW 43.06.210. [1981 c 278 § 4.]
43.21C.220
43.21C.220 Incorporation of city or town exempt
from chapter. The incorporation of a city or town is
exempted from compliance with this chapter. [1982 c 220 §
6.]
Severability—1982 c 220: See note following RCW 36.93.100.
Incorporation proceedings exempt from chapter: RCW 36.93.170.
The disincorporation of a city or town is exempt from compliance with this chapter.
(2) The reduction of city or town limits is exempt from
compliance with this chapter. [2002 c 93 § 2.]
Intent—2002 c 93: "Incorporations and annexations are exempt from
the state environmental policy act. However, there are no comparable
exemptions for reductions of city limits or disincorporations. It is the legislature's intent to provide that a reduction in city limits or disincorporation is
not subject to the state environmental policy act." [2002 c 93 § 1.]
43.21C.229
43.21C.229 Infill development—Categorical exemptions from chapter. (1) In order to accommodate infill
development and thereby realize the goals and policies of
comprehensive plans adopted according to chapter 36.70A
RCW, a city or county planning under RCW 36.70A.040 is
authorized by this section to establish categorical exemptions
from the requirements of this chapter. An exemption adopted
under this section applies even if it differs from the categorical exemptions adopted by rule of the department under
RCW 43.21C.110(1)(a). An exemption may be adopted by a
city or county under this section if it meets the following criteria:
(a) It categorically exempts government action related to
development that is new residential or mixed-use development proposed to fill in an urban growth area designated
according to RCW 36.70A.110, where current density and
intensity of use in the area is lower than called for in the goals
and policies of the applicable comprehensive plan;
(b) It does not exempt government action related to
development that would exceed the density or intensity of use
called for in the goals and policies of the applicable comprehensive plan; and
(c) The city or county's applicable comprehensive plan
was previously subjected to environmental analysis through
an environmental impact statement under the requirements of
this chapter prior to adoption.
(2) Any categorical exemption adopted by a city or
county under this section shall be subject to the rules of the
department adopted according to RCW 43.21C.110(1)(a) that
provide exceptions to the use of categorical exemptions
adopted by the department. [2003 c 298 § 1.]
Severability—2003 c 298: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 298 § 3.]
43.21C.230
43.21C.222
43.21C.222 Annexation by city or town exempt from
chapter. Annexation of territory by a city or town is
exempted from compliance with this chapter. [1994 c 216 §
19.]
Effective date—1994 c 216: See note following RCW 35.02.015.
43.21C.225
43.21C.225 Consolidation and annexation of cities
and towns exempt from chapter. Consolidations of cities
or towns, and the annexations of all of a city or town by
another city or town, are exempted from compliance with this
chapter. [1985 c 281 § 29.]
Severability—1985 c 281: See RCW 35.10.905.
43.21C.227
43.21C.227 Disincorporation of a city or town or
reduction of city or town limits exempt from chapter. (1)
[Title 43 RCW—page 146]
43.21C.230 Development and adoption of plan under
chapter 43.180 RCW exempt from chapter. This chapter
does not apply to the development or adoption of the plan
required to be developed and adopted under chapter 43.180
RCW. [1983 c 161 § 29.]
Severability—Effective dates—1983 c 161: See RCW 43.180.903
and 43.180.904.
43.21C.240
43.21C.240 Project review under the growth management act. (1) If the requirements of subsection (2) of this
section are satisfied, a county, city, or town reviewing a
project action shall determine that the requirements for environmental analysis, protection, and mitigation measures in
the county, city, or town's development regulations and comprehensive plans adopted under chapter 36.70A RCW, and in
other applicable local, state, or federal laws and rules provide
(2004 Ed.)
State Environmental Policy
adequate analysis of and mitigation for the specific adverse
environmental impacts of the project action to which the
requirements apply. Rules adopted by the department
according to RCW 43.21C.110 regarding project specific
impacts that may not have been adequately addressed apply
to any determination made under this section. In these situations, in which all adverse environmental impacts will be mitigated below the level of significance as a result of mitigation
measures included by changing, clarifying, or conditioning of
the proposed action and/or regulatory requirements of development regulations adopted under chapter 36.70A RCW or
other local, state, or federal laws, a determination of nonsignificance or a mitigated determination of nonsignificance is
the proper threshold determination.
(2) A county, city, or town shall make the determination
provided for in subsection (1) of this section if:
(a) In the course of project review, including any
required environmental analysis, the local government considers the specific probable adverse environmental impacts of
the proposed action and determines that these specific
impacts are adequately addressed by the development regulations or other applicable requirements of the comprehensive
plan, subarea plan element of the comprehensive plan, or
other local, state, or federal rules or laws; and
(b) The local government bases or conditions its
approval on compliance with these requirements or mitigation measures.
(3) If a county, city, or town's comprehensive plans, subarea plans, and development regulations adequately address a
project's probable specific adverse environmental impacts, as
determined under subsections (1) and (2) of this section, the
county, city, or town shall not impose additional mitigation
under this chapter during project review. Project review shall
be integrated with environmental analysis under this chapter.
(4) A comprehensive plan, subarea plan, or development
regulation shall be considered to adequately address an
impact if the county, city, or town, through the planning and
environmental review process under chapter 36.70A RCW
and this chapter, has identified the specific adverse environmental impacts and:
(a) The impacts have been avoided or otherwise mitigated; or
(b) The legislative body of the county, city, or town has
designated as acceptable certain levels of service, land use
designations, development standards, or other land use planning required or allowed by chapter 36.70A RCW.
(5) In deciding whether a specific adverse environmental
impact has been addressed by an existing rule or law of
another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the
county, city, or town shall consult orally or in writing with
that agency and may expressly defer to that agency. In making this deferral, the county, city, or town shall base or condition its project approval on compliance with these other existing rules or laws.
(6) Nothing in this section limits the authority of an
agency in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements
under other laws, as provided by this chapter.
(2004 Ed.)
43.21C.260
(7) This section shall apply only to a county, city, or
town planning under RCW 36.70A.040. [2003 c 298 § 2;
1995 c 347 § 202.]
Severability—2003 c 298: See note following RCW 43.21C.229.
Findings—Intent—1995 c 347 § 202: "(1) The legislature finds in
adopting RCW 43.21C.240 that:
(a) Comprehensive plans and development regulations adopted by
counties, cities, and towns under chapter 36.70A RCW and environmental
laws and rules adopted by the state and federal government have addressed a
wide range of environmental subjects and impacts. These plans, regulations,
rules, and laws often provide environmental analysis and mitigation measures for project actions without the need for an environmental impact statement or further project mitigation.
(b) Existing plans, regulations, rules, or laws provide environmental
analysis and measures that avoid or otherwise mitigate the probable specific
adverse environmental impacts of proposed projects should be integrated
with, and should not be duplicated by, environmental review under chapter
43.21C RCW.
(c) Proposed projects should continue to receive environmental review,
which should be conducted in a manner that is integrated with and does not
duplicate other requirements. Project-level environmental review should be
used to: (i) Review and document consistency with comprehensive plans
and development regulations; (ii) provide prompt and coordinated review by
government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that
have not been considered and addressed at the plan or development regulation level; and (iii) ensure accountability by local government to applicants
and the public for requiring and implementing mitigation measures.
(d) When a project permit application is filed, an agency should analyze the proposal's environmental impacts, as required by applicable regulations and the environmental review process required by this chapter, in one
project review process. The project review process should include land use,
environmental, public, and governmental review, as provided by the applicable regulations and the rules adopted under this chapter, so that documents
prepared under different requirements can be reviewed together by the public
and other agencies. This project review will provide an agency with the
information necessary to make a decision on the proposed project.
(e) Through this project review process: (i) If the applicable regulations require studies that adequately analyze all of the project's specific probable adverse environmental impacts, additional studies under this chapter
will not be necessary on those impacts; (ii) if the applicable regulations
require measures that adequately address such environmental impacts, additional measures would likewise not be required under this chapter; and (iii)
if the applicable regulations do not adequately analyze or address a proposal's specific probable adverse environmental impacts, this chapter provides the authority and procedures for additional review.
(2) The legislature intends that a primary role of environmental review
under chapter 43.21C RCW is to focus on the gaps and overlaps that may
exist in applicable laws and requirements related to a proposed action. The
review of project actions conducted by counties, cities, and towns planning
under RCW 36.70A.040 should integrate environmental review with project
review. Chapter 43.21C RCW should not be used as a substitute for other
land use planning and environmental requirements." [1995 c 347 § 201.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
43.21C.250
43.21C.250 Forest practices board—Emergency
rules—Exempt from chapter. The duration and process for
adopting emergency rules by the forest practices board pertaining to forest practices and the protection of aquatic
resources as provided in RCW 76.09.055 are exempt from
the procedural requirements of this chapter. [1999 sp.s. c 4 §
203.]
Effective date—1999 sp.s. c 4 §§ 201, 202, and 203: See note following RCW 76.09.055.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
43.21C.260
43.21C.260 Certain actions not subject to RCW
43.21C.030(2)(c)—Threshold determination on a water[Title 43 RCW—page 147]
43.21C.270
Title 43 RCW: State Government—Executive
shed analysis. (1) Decisions pertaining to the following
kinds of actions under chapter 4, Laws of 1999 sp. sess. are
not subject to any procedural requirements implementing
RCW 43.21C.030(2)(c): (a) Approval of forest road maintenance and abandonment plans under chapter 76.09 RCW and
RCW 77.55.100; (b) approval by the department of natural
resources of future timber harvest schedules involving eastside clear cuts under rules implementing chapter 76.09 RCW;
(c) acquisitions of forest lands in stream channel migration
zones under RCW 76.09.040; and (d) acquisitions of conservation easements pertaining to forest lands in riparian zones
under RCW 76.13.120.
(2) For purposes of the department's threshold determination on a watershed analysis, the department shall not make
a determination of significance unless the prescriptions themselves, compared to rules or prescriptions in place prior to the
analysis, will cause probable significant adverse impact on
elements of the environment other than those addressed in the
watershed analysis process. Nothing in this subsection shall
be construed to effect the outcome of pending litigation
regarding the department's authority in making a threshold
determination on a watershed analysis. [2003 c 39 § 24; 1999
sp.s. c 4 § 1201.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
43.21C.270
43.21C.270 Certain secure community transition
facilities not subject to this chapter. (Expires June 30,
2009.) An emergency has been caused by the need to expeditiously site facilities to house sexually violent predators
who have been committed under chapter 71.09 RCW. To
meet this emergency, secure community transition facilities
sited pursuant to the preemption provisions of RCW
71.09.342 and secure facilities sited pursuant to the preemption provisions of RCW 71.09.250 are not subject to the provisions of this chapter.
This section expires June 30, 2009. [2002 c 68 § 12.]
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
43.21C.300 Workshops—Handbook. The department
of ecology shall conduct annual statewide workshops and
publish an annual state environmental policy act handbook or
supplement to assist persons in complying with the provisions of this chapter and the implementing rules. The workshops and handbook shall include, but not be limited to, measures to assist in preparation, processing, and review of environmental documents, relevant court decisions affecting this
chapter or rules adopted under this chapter, legislative
changes to this chapter, administrative changes to the rules,
and any other information which will assist in orderly implementation of this chapter and rules.
The department shall develop the handbook and conduct
the workshops in cooperation with, but not limited to, state
agencies, the association of Washington cities, the Washington association of counties, educational institutions, and other
groups or associations interested in the state environmental
policy act. [1983 c 117 § 9.]
43.21C.300
pursuant to the transfer of the site or portions of the site under
RCW 80.50.300 are exempt from the provisions of this chapter. [1996 c 4 § 4.]
Severability—Effective date—1996 c 4: See RCW 80.50.903 and
80.50.904.
Energy facility site evaluation council: RCW 80.50.030.
43.21C.900
43.21C.900 Short title. This chapter shall be known
and may be cited as the "State Environmental Policy Act" or
"SEPA". [1995 c 347 § 207; 1971 ex.s. c 109 § 7.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
43.21C.910
43.21C.910 Severability—1974 ex.s. c 179. If any provision of this 1974 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1974 ex.s. c 179 § 16.]
43.21C.911
43.21C.911 Section headings not part of law—1983 c
117. Section headings as used in this act do not constitute
any part of the law. [1983 c 117 § 14.]
43.21C.912
43.21C.912 Applicability—1983 c 117. Sections 3 and
4 of this act apply to agency decisions and to appeal proceedings prospectively only and not retrospectively. Sections 1, 5,
6, 7, and 8 of this act may be applied by agencies retrospectively. [1983 c 117 § 15.]
43.21C.913
43.21C.913 Severability—1983 c 117. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 117 § 16.]
43.21C.914
43.21C.914 Effective dates—1983 c 117. (1) Sections
1, 2, and 4 through 16 of this act are necessary for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall take effect immediately [April 23, 1983].
(2) Section 3 of this act shall take effect one hundred
eighty days after the remainder of this act goes into effect
under subsection (1) of this section. [1983 c 117 § 17.]
Chapter 43.21E
Chapter 43.21E RCW
GRASS BURNING RESEARCH
ADVISORY COMMITTEE
Sections
43.21E.010
43.21E.020
43.21E.030
43.21E.900
43.21E.905
43.21E.910
Committee created—Members.
Duties of committee.
Travel expenses.
Termination and dissolution of committee.
Reactivation of committee—Application of chapter.
Severability—1975 1st ex.s. c 44.
Grass burning permits, etc.: RCW 70.94.650 through 70.94.656.
43.21E.010
43.21C.400
43.21C.400 Unfinished nuclear power projects—
Council action exempt from this chapter. Council actions
[Title 43 RCW—page 148]
43.21E.010 Committee created—Members. Within
thirty days of May 15, 1975 the director of the Washington
state department of ecology shall appoint a grass burning
(2004 Ed.)
State Energy Office
research advisory committee consisting of five voting members.
Two members shall be grass growers selected from the
area of the state east of the Cascade mountain range, one representing irrigated and one representing dryland growing
areas. One member shall be a grass grower selected from the
area of the state west of the Cascade mountain range. One
member shall be a representative of the Washington state
department of agriculture, and one member shall represent
the public, and may be selected at large. The committee shall
select its own chairman. The state department of ecology
shall provide an ex officio, nonvoting member to the committee to act as secretary. [1975 1st ex.s. c 44 § 1.]
43.21E.020
43.21E.020 Duties of committee. The grass burning
research advisory committee as provided for in RCW
43.21E.010 shall solicit and review research proposals for
reducing or to develop alternates to open burning of grass
fields. The committee shall advise and make recommendations to the director of the Washington state department of
ecology regarding research priorities and the expenditure of
mandatory research permit fees and such other grass burning
research funds that may be provided by the legislature or
from any other sources. [1975 1st ex.s. c 44 § 2.]
43.21F.015
application of the provision to other persons or circumstances
is not affected. [1975 1st ex.s. c 44 § 6.]
Chapter 43.21F
Chapter 43.21F RCW
STATE ENERGY OFFICE
Sections
43.21F.010
43.21F.015
43.21F.025
43.21F.045
43.21F.055
43.21F.060
43.21F.090
43.21F.400
43.21F.405
43.21F.410
43.21F.415
43.21F.420
Legislative finding and declaration.
State policy.
Definitions.
Duties of department—Transfer of powers and duties relating
to energy education, applied research, technology transfer,
and energy efficiency in public buildings.
Intervention in certain regulatory proceedings prohibited—
Application to energy facility site evaluation council—
Avoidance of duplication of activity.
Additional duties and authority of department—Obtaining
information—Confidentiality, penalty—Receiving and
expending funds.
State energy strategy—Review and report to legislature.
Western interstate nuclear compact—Entered into—Terms.
Western interstate nuclear compact—State board member—
Appointment, term—May designate representative.
Western interstate nuclear compact—State and local agencies
and officers to cooperate.
Western interstate nuclear compact—Bylaws, amendments to,
filed with secretary of state.
Western interstate nuclear compact—Application of state
laws, benefits, when persons dispatched to another state.
43.21F.010
43.21E.030
43.21E.030 Travel expenses. Travel expenses shall be
paid to the grass burning research advisory committee members not otherwise employed by the state for meetings called
by the director of the department of ecology in accordance
with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended upon vouchers approved by said director and
paid from funds budgeted for operation purposes of the state
department of ecology. [1975-'76 2nd ex.s. c 34 § 102; 1975
1st ex.s. c 44 § 3.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
43.21E.900
43.21E.900 Termination and dissolution of committee. It is the intent and purpose of this chapter that as soon as
an alternative means of grass burning is developed for the
state, or by January 1, 1980, whichever is sooner the grass
burning research advisory committee shall be dissolved and
its actions terminated, and the director of the state department
of ecology shall see that such purpose is so carried out. [1975
1st ex.s. c 44 § 4.]
43.21E.905
43.21E.905 Reactivation of committee—Application
of chapter. Notwithstanding RCW 43.21E.900, within thirty
days or after June 30, 1982, the director shall reactivate the
grass burning research advisory committee by appointing
new members to the committee. The provisions of this chapter, other than RCW 43.21E.900, shall apply to the reactivated committee. [1982 c 163 § 15.]
Severability—Effective date—1982 c 163: See notes following RCW
2.10.052.
43.21E.910
43.21E.910 Severability—1975 1st ex.s. c 44. If any
provision of this 1975 act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
(2004 Ed.)
43.21F.010 Legislative finding and declaration. The
legislature finds and declares that it is the continuing purpose
of state government, consistent with other essential considerations of state policy, to foster wise and efficient energy use
and to promote energy self-sufficiency through the use of
indigenous and renewable energy sources, consistent with the
promotion of reliable energy sources, the general welfare,
and the protection of environmental quality. [1975-'76 2nd
ex.s. c 108 § 1.]
Severability—1975-'76 2nd ex.s. c 108: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-'76 2nd ex.s. c 108 § 45.]
Effective date—1975-'76 2nd ex.s. c 108: "This 1976 amendatory act
is necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect March 15, 1976." [1975-'76 2nd ex.s. c 108 § 46.]
43.21F.015
43.21F.015 State policy. It is the policy of the state of
Washington that:
(1) The development and use of a diverse array of energy
resources with emphasis on renewable energy resources shall
be encouraged;
(2) The supply of energy shall be sufficient to insure the
health and economic welfare of its citizens;
(3) The development and use of energy resources shall
be consistent with the statutory environmental policies of the
state;
(4) Energy conservation and elimination of wasteful and
uneconomic uses of energy and materials shall be encouraged, and this conservation should include, but is not limited
to, resource recovery and materials recycling;
(5) In energy emergency shortage situations, energy
requirements to maintain the public health, safety, and welfare shall be given priority in the allocation of energy
resources, and citizens and industry shall be assisted in
adjusting to the limited availability of energy in order to min[Title 43 RCW—page 149]
43.21F.025
Title 43 RCW: State Government—Executive
imize adverse impacts on their physical, social, and economic
well being;
(6) State government shall provide a source of impartial
and objective information in order that this energy policy
may be enhanced; and
(7) The state energy strategy shall provide primary guidance for implementation of the state's energy policy. [1994 c
207 § 3; 1981 c 295 § 1.]
Finding—1994 c 207: See note following RCW 43.21F.025.
43.21F.025
43.21F.025 Definitions. (1) "Energy" means petroleum
or other liquid fuels; natural or synthetic fuel gas; solid carbonaceous fuels; fissionable nuclear material; electricity;
solar radiation; geothermal resources; hydropower; organic
waste products; wind; tidal activity; any other substance or
process used to produce heat, light, or motion; or the savings
from nongeneration technologies, including conservation or
improved efficiency in the usage of any of the sources
described in this subsection;
(2) "Person" means an individual, partnership, joint venture, private or public corporation, association, firm, public
service company, political subdivision, municipal corporation, government agency, public utility district, joint operating agency, or any other entity, public or private, however
organized;
(3) "Director" means the director of the department of
community, trade, and economic development;
(4) "Assistant director" means the assistant director of
the department of community, trade, and economic development responsible for energy policy activities;
(5) "Department" means the department of community,
trade, and economic development;
(6) "Distributor" means any person, private corporation,
partnership, individual proprietorship, utility, including
investor-owned utilities, municipal utility, public utility district, joint operating agency, or cooperative, which engages in
or is authorized to engage in the activity of generating, transmitting, or distributing energy in this state; and
(7) "State energy strategy" means the document and
energy policy direction developed under section 1, chapter
201, Laws of 1991 including any related appendices. [1996 c
186 § 102; 1994 c 207 § 2; 1987 c 330 § 501; 1981 c 295 § 2.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Finding—1994 c 207: "The legislature finds that the state energy strategy presented to the legislature in 1993 was developed by a dedicated and
talented committee of hard-working representatives of the industries and
people of this state and that the strategy document should serve to guide
energy-related policy decisions by the legislature and other entities within
this region." [1994 c 207 § 1.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
43.21F.045
43.21F.045 Duties of department—Transfer of powers and duties relating to energy education, applied
research, technology transfer, and energy efficiency in
public buildings. (1) The department shall supervise and
administer energy-related activities as specified in RCW
43.330.904 and shall advise the governor and the legislature
with respect to energy matters affecting the state.
[Title 43 RCW—page 150]
(2) In addition to other powers and duties granted to the
department, the department shall have the following powers
and duties:
(a) Prepare and update contingency plans for implementation in the event of energy shortages or emergencies. The
plans shall conform to chapter 43.21G RCW and shall
include procedures for determining when these shortages or
emergencies exist, the state officers and agencies to participate in the determination, and actions to be taken by various
agencies and officers of state government in order to reduce
hardship and maintain the general welfare during these emergencies. The department shall coordinate the activities undertaken pursuant to this subsection with other persons. The
components of plans that require legislation for their implementation shall be presented to the legislature in the form of
proposed legislation at the earliest practicable date. The
department shall report to the governor and the legislature on
probable, imminent, and existing energy shortages, and shall
administer energy allocation and curtailment programs in
accordance with chapter 43.21G RCW.
(b) Establish and maintain a central repository in state
government for collection of existing data on energy
resources, including:
(i) Supply, demand, costs, utilization technology, projections, and forecasts;
(ii) Comparative costs of alternative energy sources,
uses, and applications; and
(iii) Inventory data on energy research projects in the
state conducted under public and/or private auspices, and the
results thereof.
(c) Coordinate federal energy programs appropriate for
state-level implementation, carry out such energy programs
as are assigned to it by the governor or the legislature, and
monitor federally funded local energy programs as required
by federal or state regulations.
(d) Develop energy policy recommendations for consideration by the governor and the legislature.
(e) Provide assistance, space, and other support as may
be necessary for the activities of the state's two representatives to the Pacific northwest electric power and conservation
planning council. To the extent consistent with federal law,
the director shall request that Washington's council members
request the administrator of the Bonneville power administration to reimburse the state for the expenses associated with
the support as provided in the Pacific Northwest Electric
Power Planning and Conservation Act (P.L. 96-501).
(f) Cooperate with state agencies, other governmental
units, and private interests in the prioritization and implementation of the state energy strategy elements and on other
energy matters.
(g) Serve as the official state agency responsible for
coordinating implementation of the state energy strategy.
(h) No later than December 1, 1982, and by December
1st of each even-numbered year thereafter, prepare and transmit to the governor and the appropriate committees of the
legislature a report on the implementation of the state energy
strategy and other important energy issues, as appropriate.
(i) Provide support for increasing cost-effective energy
conservation, including assisting in the removal of impediments to timely implementation.
(2004 Ed.)
State Energy Office
(j) Provide support for the development of cost-effective
energy resources including assisting in the removal of impediments to timely construction.
(k) Adopt rules, under chapter 34.05 RCW, necessary to
carry out the powers and duties enumerated in this chapter.
(l) Provide administrative assistance, space, and other
support as may be necessary for the activities of the energy
facility site evaluation council, as provided for in RCW
80.50.030.
(m) Appoint staff as may be needed to administer energy
policy functions and manage energy facility site evaluation
council activities. These employees are exempt from the provisions of chapter 41.06 RCW.
(3) To the extent the powers and duties set out under this
section relate to energy education, applied research, and technology transfer programs they are transferred to Washington
State University.
(4) To the extent the powers and duties set out under this
section relate to energy efficiency in public buildings they are
transferred to the department of general administration.
[1996 c 186 § 103; 1994 c 207 § 4; 1990 c 12 § 2; 1987 c 505
§ 29; 1981 c 295 § 4.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Finding—1994 c 207: See note following RCW 43.21F.025.
Effective date—1990 c 12: See note following RCW 80.50.030.
43.21F.055
43.21F.055 Intervention in certain regulatory proceedings prohibited—Application to energy facility site
evaluation council—Avoidance of duplication of activity.
The department shall not intervene in any regulatory proceeding before the Washington utilities and transportation
commission or proceedings of utilities not regulated by the
commission. Nothing in this chapter abrogates or diminishes
the functions, powers, or duties of the energy facility site
evaluation council pursuant to chapter 80.50 RCW, the utilities and transportation commission pursuant to Title 80
RCW, or other state or local agencies established by law.
The department shall avoid duplication of activity with
other state agencies and officers and other persons. [1996 c
186 § 104; 1981 c 295 § 5.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
43.21F.060
43.21F.060 Additional duties and authority of
department—Obtaining information—Confidentiality,
penalty—Receiving and expending funds. In addition to
the duties prescribed in RCW 43.21F.045, the department
shall have the authority to:
(1) Obtain all necessary and existing information from
energy producers, suppliers, and consumers, doing business
within the state of Washington, from political subdivisions in
this state, or any person as may be necessary to carry out the
provisions of chapter 43.21G RCW: PROVIDED, That if the
information is available in reports made to another state
agency, the department shall obtain it from that agency:
PROVIDED FURTHER, That, to the maximum extent practicable, informational requests to energy companies regulated
by the utilities and transportation commission shall be channeled through the commission and shall be accepted in the
(2004 Ed.)
43.21F.400
format normally used by the companies. Such information
may include but not be limited to:
(a) Sales volume;
(b) Forecasts of energy requirements; and
(c) Energy costs.
Notwithstanding any other provision of law to the contrary, information furnished under this subsection shall be
confidential and maintained as such, if so requested by the
person providing the information, if the information is proprietary.
It shall be unlawful to disclose such information except
as hereinafter provided. A violation shall be punishable, upon
conviction, by a fine of not more than one thousand dollars
for each offense. In addition, any person who wilfully or with
criminal negligence, as defined in RCW 9A.08.010, discloses
confidential information in violation of this subsection may
be subject to removal from office or immediate dismissal
from public employment notwithstanding any other provision of law to the contrary.
Nothing in this subsection prohibits the use of confidential information to prepare statistics or other general data for
publication when it is so presented as to prevent identification of particular persons or sources of confidential information.
(2) Receive and expend funds obtained from the federal
government or other sources by means of contracts, grants,
awards, payments for services, and other devices in support
of the duties enumerated in this chapter. [1996 c 186 § 105;
1981 c 295 § 6; 1975-'76 2nd ex.s. c 108 § 6.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
43.21F.090
43.21F.090 State energy strategy—Review and
report to legislature. The department shall review the state
energy strategy as developed under section 1, chapter 201,
Laws of 1991, periodically with the guidance of an advisory
committee. For each review, an advisory committee shall be
established with a membership resembling as closely as possible the original energy strategy advisory committee specified under section 1, chapter 201, Laws of 1991. Upon completion of a public hearing regarding the advisory committee's advice and recommendations for revisions to the energy
strategy, a written report shall be conveyed by the department
to the governor and the appropriate legislative committees.
Any advisory committee established under this section shall
be dissolved within three months after their written report is
conveyed. [1996 c 186 § 106; 1994 c 207 § 5.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Finding—1994 c 207: See note following RCW 43.21F.025.
43.21F.400
43.21F.400 Western interstate nuclear compact—
Entered into—Terms. The western interstate nuclear compact is hereby enacted into law and entered into by the state
of Washington as a party, and is in full force and effect
between the state and any other states joining therein in
accordance with the terms of the compact, which compact is
substantially as follows:
[Title 43 RCW—page 151]
43.21F.400
Title 43 RCW: State Government—Executive
ARTICLE I. POLICY AND PURPOSE
The party states recognize that the proper employment of
scientific and technological discoveries and advances in
nuclear and related fields and direct and collateral application
and adaptation of processes and techniques developed in connection therewith, properly correlated with the other
resources of the region, can assist substantially in the industrial progress of the West and the further development of the
economy of the region. They also recognize that optimum
benefit from nuclear and related scientific or technological
resources, facilities and skills requires systematic encouragement, guidance, assistance, and promotion from the party
states on a cooperative basis. It is the policy of the party states
to undertake such cooperation on a continuing basis. It is the
purpose of this compact to provide the instruments and
framework for such a cooperative effort in nuclear and
related fields, to enhance the economy of the West and contribute to the individual and community well-being of the
region's people.
ARTICLE II. THE BOARD
(a) There is hereby created an agency of the party states
to be known as the "Western Interstate Nuclear Board" (hereinafter called the Board). The Board shall be composed of
one member from each party state designated or appointed in
accordance with the law of the state which he represents and
serving and subject to removal in accordance with such law.
Any member of the Board may provide for the discharge of
his duties and the performance of his functions thereon
(either for the duration of his membership or for any lesser
period of time) by a deputy or assistant, if the laws of his state
make specific provisions therefor. The federal government
may be represented without vote if provision is made by federal law for such representation.
(b) The Board members of the party states shall each be
entitled to one vote on the Board. No action of the Board shall
be binding unless taken at a meeting at which a majority of all
members representing the party states are present and unless
a majority of the total number of votes on the Board are cast
in favor thereof.
(c) The Board shall have a seal.
(d) The Board shall elect annually, from among its members, a chairman, a vice chairman, and a treasurer. The Board
shall appoint and fix the compensation of an Executive
Director who shall serve at its pleasure and who shall also act
as Secretary, and who, together with the Treasurer, and such
other personnel as the Board may direct, shall be bonded in
such amounts as the Board may require.
(e) The Executive Director, with the approval of the
Board, shall appoint and remove or discharge such personnel
as may be necessary for the performance of the Board's functions irrespective of the civil service, personnel or other merit
system laws of any of the party states.
(f) The Board may establish and maintain, independently
or in conjunction with any one or more of the party states, or
its institutions or subdivisions, a suitable retirement system
for its full-time employees. Employees of the Board shall be
eligible for social security coverage in respect of old age and
survivors insurance provided that the Board takes such steps
as may be necessary pursuant to federal law to participate in
[Title 43 RCW—page 152]
such program of insurance as a governmental agency or unit.
The Board may establish and maintain or participate in such
additional programs of employee benefits as may be appropriate.
(g) The Board may borrow, accept, or contract for the
services of personnel from any state or the United States or
any subdivision or agency thereof, from any interstate
agency, or from any institution, person, firm or corporation.
(h) The Board may accept for any of its purposes and
functions under this compact any and all donations, and
grants of money, equipment, supplies, materials and services
(conditional or otherwise) from any state or the United States
or any subdivision or agency thereof, or interstate agency, or
from any institution, person, firm, or corporation, and may
receive, utilize, and dispose of the same. The nature, amount
and conditions, if any, attendant upon any donation or grant
accepted pursuant to this paragraph or upon any borrowing
pursuant to paragraph (g) of this Article, together with the
identity of the donor, grantor or lender, shall be detailed in
the annual report of the Board.
(i) The Board may establish and maintain such facilities
as may be necessary for the transacting of its business. The
Board may acquire, hold, and convey real and personal property and any interest therein.
(j) The Board shall adopt bylaws, rules, and regulations
for the conduct of its business, and shall have the power to
amend and rescind these bylaws, rules, and regulations. The
Board shall publish its bylaws, rules, and regulations in convenient form and shall file a copy thereof, and shall also file
a copy of any amendment thereto, with the appropriate
agency or officer in each of the party states.
(k) The Board annually shall make to the governor of
each party state, a report covering the activities of the Board
for the preceding year, and embodying such recommendations as may have been adopted by the Board, which report
shall be transmitted to the legislature of said state. The Board
may issue such additional reports as it may deem desirable.
ARTICLE III. FINANCES
(a) The Board shall submit to the governor or designated
officer or officers of each party state a budget of its estimated
expenditures for such period as may be required by the laws
of that jurisdiction for presentation to the legislature thereof.
(b) Each of the Board's budgets of estimated expenditures shall contain specific recommendations of the amount
or amounts to be appropriated by each of the party states.
Each of the Board's requests for appropriations pursuant to a
budget of estimated expenditures shall be apportioned
equally among the party states. Subject to appropriation by
their respective legislatures, the Board shall be provided with
such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a
staff of personnel, and such activities as may be necessary to
fulfill the powers and duties imposed upon and entrusted to
the Board.
(c) The Board may meet any of its obligations in whole
or in part with funds available to it under Article II(h) of this
compact, provided that the Board takes specific action setting
aside such funds prior to the incurring of any obligation to be
met in whole or in part in this manner. Except where the
Board makes use of funds available to it under Article II(h)
(2004 Ed.)
State Energy Office
hereof, the Board shall not incur any obligation prior to the
allotment of funds by the party jurisdictions adequate to meet
the same.
(d) Any expenses and any other costs for each member
of the Board in attending Board meetings shall be met by the
Board.
(e) The Board shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the
Board shall be subject to the audit and accounting procedures
established under its bylaws. However, all receipts and disbursements of funds handled by the Board shall be audited
yearly by a certified or licensed public accountant and the
report of the audit shall be included in and become a part of
the annual report of the Board.
(f) The accounts of the Board shall be open at any reasonable time for inspection to persons authorized by the
Board, and duly designated representatives of governments
contributing to the Board's support.
ARTICLE IV. ADVISORY COMMITTEES
The Board may establish such advisory and technical
committees as it may deem necessary, membership on which
may include but not be limited to private citizens, expert and
lay personnel, representatives of industry, labor, commerce,
agriculture, civic associations, medicine, education, voluntary health agencies, and officials of local, State and Federal
Government, and may cooperate with and use the services of
any such committees and the organizations which they represent in furthering any of its activities under this compact.
ARTICLE V. POWERS
The Board shall have power to—
(a) Encourage and promote cooperation among the party
states in the development and utilization of nuclear and
related technologies and their application to industry and
other fields.
(b) Ascertain and analyze on a continuing basis the position of the West with respect to the employment in industry
of nuclear and related scientific findings and technologies.
(c) Encourage the development and use of scientific
advances and discoveries in nuclear facilities, energy, materials, products, by-products, and all other appropriate adaptations of scientific and technological advances and discoveries.
(d) Collect, correlate, and disseminate information relating to the peaceful uses of nuclear energy, materials, and
products, and other products and processes resulting from the
application of related science and technology.
(e) Encourage the development and use of nuclear
energy, facilities, installations, and products as part of a balanced economy.
(f) Conduct, or cooperate in conducting, programs of
training for state and local personnel engaged in any aspects
of:
1. Nuclear industry, medicine, or education, or the promotion or regulation thereof.
2. Applying nuclear scientific advances or discoveries,
and any industrial commercial or other processes resulting
therefrom.
3. The formulation or administration of measures
designed to promote safety in any matter related to the devel(2004 Ed.)
43.21F.400
opment, use or disposal of nuclear energy, materials, products, by-products, installations, or wastes, or to safety in the
production, use and disposal of any other substances peculiarly related thereto.
(g) Organize and conduct, or assist and cooperate in
organizing and conducting, demonstrations or research in any
of the scientific, technological or industrial fields to which
this compact relates.
(h) Undertake such nonregulatory functions with respect
to non-nuclear sources of radiation as may promote the economic development and general welfare of the West.
(i) Study industrial, health, safety, and other standards,
laws, codes, rules, regulations, and administrative practices
in or related to nuclear fields.
(j) Recommend such changes in, or amendments or additions to the laws, codes, rules, regulations, administrative
procedures and practices or local laws or ordinances of the
party states or their subdivisions in nuclear and related fields,
as in its judgment may be appropriate. Any such recommendations shall be made through the appropriate state agency,
with due consideration of the desirability of uniformity but
shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions.
(k) Consider and make recommendations designed to
facilitate the transportation of nuclear equipment, materials,
products, byproducts, wastes, and any other nuclear or related
substances, in such manner and under such conditions as will
make their availability or disposal practicable on an economic and efficient basis.
(l) Consider and make recommendations with respect to
the assumption of and protection against liability actually or
potentially incurred in any phase of operations in nuclear and
related fields.
(m) Advise and consult with the federal government concerning the common position of the party states or assist party
states with regard to individual problems where appropriate
in respect to nuclear and related fields.
(n) Cooperate with the Atomic Energy Commission, the
National Aeronautics and Space Administration, the Office
of Science and Technology, or any agencies successor
thereto, any other officer or agency of the United States, and
any other governmental unit or agency or officer thereof, and
with any private persons or agencies in any of the fields of its
interest.
(o) Act as licensee, contractor or sub-contractor of the
United States Government or any party state with respect to
the conduct of any research activity requiring such license or
contract and operate such research facility or undertake any
program pursuant thereto, provided that this power shall be
exercised only in connection with the implementation of one
or more other powers conferred upon the Board by this compact.
(p) Prepare, publish and distribute (with or without
charge) such reports, bulletins, newsletters or other materials
as it deems appropriate.
(q) Ascertain from time to time such methods, practices,
circumstances, and conditions as may bring about the prevention and control of nuclear incidents in the area comprising
the party states, to coordinate the nuclear incident prevention
and control plans and the work relating thereto of the appropriate agencies of the party states and to facilitate the render[Title 43 RCW—page 153]
43.21F.400
Title 43 RCW: State Government—Executive
ing of aid by the party states to each other in coping with
nuclear incidents.
The Board may formulate and, in accordance with need
from time to time, revise a regional plan or regional plans for
coping with nuclear incidents within the territory of the party
states as a whole or within any subregion or subregions of the
geographic area covered by this compact.
Any nuclear incident plan in force pursuant to this paragraph shall designate the official or agency in each party state
covered by the plan who shall coordinate requests for aid pursuant to Article VI of this compact and the furnishing of aid
in response thereto.
Unless the party states concerned expressly otherwise
agree, the Board shall not administer the summoning and dispatching of aid, but this function shall be undertaken directly
by the designated agencies and officers of the party states.
However, the plan or plans of the Board in force pursuant to this paragraph shall provide for reports to the Board
concerning the occurrence of nuclear incidents and the
requests for aid on account thereof, together with summaries
of the actual working and effectiveness of mutual aid in particular instances.
From time to time, the Board shall analyze the information gathered from reports of aid pursuant to Article VI and
such other instances of mutual aid as may have come to its
attention, so that experience in the rendering of such aid may
be available.
(r) Prepare, maintain, and implement a regional plan or
regional plans for carrying out the duties, powers, or functions conferred upon the Board by this compact.
(s) Undertake responsibilities imposed or necessarily
involved with regional participation pursuant to such cooperative programs of the federal government as are useful in
connection with the fields covered by this compact.
ARTICLE VI. MUTUAL AID
(a) Whenever a party state, or any state or local governmental authorities therein, request aid from any other party
state pursuant to this compact in coping with a nuclear incident, it shall be the duty of the requested state to render all
possible aid to the requesting state which is consonant with
the maintenance of protection of its own people.
(b) Whenever the officers or employees of any party
state are rendering outside aid pursuant to the request of
another party state under this compact, the officers or
employees of such state shall, under the direction of the
authorities of the state to which they are rendering aid, have
the same powers, duties, rights, privileges and immunities as
comparable officers and employees of the state to which they
are rendering aid.
(c) No party state or its officers or employees rendering
outside aid pursuant to this compact shall be liable on account
of any act or omission on their part while so engaged, or on
account of the maintenance or use of any equipment or supplies in connection therewith.
(d) All liability that may arise either under the laws of the
requesting state or under the laws of the aiding state or under
the laws of a third state on account of or in connection with a
request for aid, shall be assumed and borne by the requesting
state.
[Title 43 RCW—page 154]
(e) Any party state rendering outside aid pursuant to this
compact shall be reimbursed by the party state receiving such
aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for
the cost of all materials, transportation, wages, salaries and
maintenance of officers, employees and equipment incurred
in connection with such requests: PROVIDED, That nothing
herein contained shall prevent any assisting party state from
assuming such loss, damage, expense or other cost or from
loaning such equipment or from donating such services to the
receiving party state without charge or cost.
(f) Each party state shall provide for the payment of
compensation and death benefits to injured officers and
employees and the representatives of deceased officers and
employees in case officers or employees sustain injuries or
death while rendering outside aid pursuant to this compact, in
the same manner and on the same terms as if the injury or
death were sustained within the state by or in which the
officer or employee was regularly employed.
ARTICLE VII. SUPPLEMENTARY AGREEMENTS
(a) To the extent that the Board has not undertaken an
activity or project which would be within its power under the
provisions of Article V of this compact, any two or more of
the party states (acting by their duly constituted administrative officials) may enter into supplementary agreements for
the undertaking and continuance of such an activity or
project. Any such agreement shall specify the purpose or purposes; its duration and the procedure for termination thereof
or withdrawal therefrom; the method of financing and allocating the costs of the activity or project; and such other matters as may be necessary or appropriate.
No such supplementary agreement entered into pursuant
to this article shall become effective prior to its submission to
and approval by the Board. The Board shall give such
approval unless it finds that the supplementary agreement or
activity or project contemplated thereby is inconsistent with
the provisions of this compact or a program or activity conducted by or participated in by the Board.
(b) Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne
separately by the states party thereto. However, the Board
may administer or otherwise assist in the operation of any
supplementary agreement.
(c) No party to a supplementary agreement entered into
pursuant to this article shall be relieved thereby of any obligation or duty assumed by said party state under or pursuant
to this compact, except that timely and proper performance of
such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.
(d) The provisions of this Article shall apply to supplementary agreements and activities thereunder, but shall not
be construed to repeal or impair any authority which officers
or agencies of party states may have pursuant to other laws to
undertake cooperative arrangements or projects.
ARTICLE VIII. OTHER LAWS AND RELATIONS
Nothing in this compact shall be construed to—
(a) Permit or require any person or other entity to avoid
or refuse compliance with any law, rule, regulation, order or
(2004 Ed.)
Energy Supply Emergencies, Alerts
ordinance of a party state or subdivision thereof now or hereafter made, enacted or in force.
(b) Limit, diminish, or otherwise impair jurisdiction
exercised by the Atomic Energy Commission, any agency
successor thereto, or any other federal department, agency or
officer pursuant to and in conformity with any valid and operative act of Congress; nor limit, diminish, affect, or otherwise
impair jurisdiction exercised by any officer or agency of a
party state, except to the extent that the provisions of this
compact may provide therefor.
(c) Alter the relations between and respective internal
responsibilities of the government of a party state and its subdivisions.
(d) Permit or authorize the Board to own or operate any
facility, reactor, or installation for industrial or commercial
purposes.
ARTICLE IX. ELIGIBLE PARTIES,
ENTRY INTO FORCE AND WITHDRAWAL
(a) Any or all of the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming shall be eligible to become party to this compact.
(b) As to any eligible party state, this compact shall
become effective when its legislature shall have enacted the
same into law: PROVIDED, That it shall not become initially effective until enacted into law by five states.
(c) Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal
shall take effect until two years after the Governor of the
withdrawing state has given notice in writing of the withdrawal to the Governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
(d) Guam and American Samoa, or either of them may
participate in the compact to such extent as may be mutually
agreed by the Board and the duly constituted authorities of
Guam or American Samoa, as the case may be. However,
such participation shall not include the furnishing or receipt
of mutual aid pursuant to Article VI, unless that Article has
been enacted or otherwise adopted so as to have the full force
and effect of law in the jurisdiction affected. Neither Guam
nor American Samoa shall be entitled to voting participation
on the Board, unless it has become a full party to the compact.
ARTICLE X. SEVERABILITY AND CONSTRUCTION
The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and
if any phrase, clause, sentence or provision of this compact or
such supplementary agreement is declared to be contrary to
the Constitution of any participating state or of the United
States or the applicability thereof to any government, agency,
person, or circumstance is held invalid, the validity of the
remainder of this compact or such supplementary agreement
and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder
shall be held contrary to the Constitution of any state participating therein, the compact or such supplementary agreement
shall remain in full force and effect as to the remaining states
and in full force and effect as to the state affected as to all sev(2004 Ed.)
Chapter 43.21G
erable matters. The provisions of this compact and of any
supplementary agreement entered into pursuant thereto shall
be liberally construed to effectuate the purposes thereof.
[1969 c 9 § 1. Formerly RCW 43.31.400.]
Severability—1969 c 9: "If any provision of this act, or its application
to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not
affected." [1969 c 9 § 6.]
43.21F.405
43.21F.405 Western interstate nuclear compact—
State board member—Appointment, term—May designate representative. The board member from Washington
shall be appointed by and shall serve at the pleasure of the
governor. The board member may designate another person
as his representative to attend meetings of the board. [1969 c
9 § 2. Formerly RCW 43.31.405.]
Severability—1969 c 9: See note following RCW 43.21F.400.
43.21F.410
43.21F.410 Western interstate nuclear compact—
State and local agencies and officers to cooperate. All
departments, agencies and officers of this state and its subdivisions are directed to cooperate with the board in the furtherance of any of its activities pursuant to the compact. [1969 c
9 § 3. Formerly RCW 43.31.410.]
Severability—1969 c 9: See note following RCW 43.21F.400.
43.21F.415
43.21F.415 Western interstate nuclear compact—
Bylaws, amendments to, filed with secretary of state. Pursuant to Article II(j) of the compact, the western interstate
nuclear board shall file copies of its bylaws and any amendments thereto with the secretary of state of the state of Washington. [1969 c 9 § 4. Formerly RCW 43.31.415.]
Severability—1969 c 9: See note following RCW 43.21F.400.
43.21F.420
43.21F.420 Western interstate nuclear compact—
Application of state laws, benefits, when persons dispatched to another state. The laws of the state of Washington and any benefits payable thereunder shall apply and be
payable to any persons dispatched to another state pursuant to
Article VI of the compact. If the aiding personnel are officers
or employees of the state of Washington or any subdivisions
thereof, they shall be entitled to the same workers' compensation or other benefits in case of injury or death to which they
would have been entitled if injured or killed while engaged in
coping with a nuclear incident in their jurisdictions of regular
employment. [1987 c 185 § 15; 1969 c 9 § 5. Formerly RCW
43.31.420.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Severability—1969 c 9: See note following RCW 43.21F.400.
Chapter 43.21G RCW
ENERGY SUPPLY EMERGENCIES, ALERTS
Chapter 43.21G
Sections
43.21G.010 Legislative finding—Intent.
43.21G.020 Definitions.
43.21G.030 Intent in developing energy production, allocation, and consumption programs.
43.21G.040 Governor's energy emergency powers—Energy supply alert—
Construction of chapter.
[Title 43 RCW—page 155]
43.21G.010
Title 43 RCW: State Government—Executive
43.21G.050 Duty of executive authority of state and local governmental
agencies to carry out supply alert or emergency measures—
Liability for actions.
43.21G.060 Consideration of actions, orders, etc., of federal authorities.
43.21G.070 Compliance by affected persons.
43.21G.080 Compliance by distributors—Fair and just reimbursement.
43.21G.090 Petition for exception or modification—Appeals.
43.21G.100 Penalty.
43.21G.900 Severability—Effective date—1975-'76 2nd ex.s. c 108.
Governor's powers to declare energy emergency, etc.: RCW 43.06.200,
43.06.210.
43.21G.010
43.21G.010 Legislative finding—Intent. The legislature finds that energy in various forms is increasingly subject
to possible shortages and supply disruptions, to the point that
there may be foreseen an emergency situation, and that without the ability to institute appropriate emergency measures to
regulate the production, distribution, and use of energy, a
severe impact on the public health, safety, and general welfare of our state's citizens may occur. The prevention or mitigation of such energy shortages or disruptions and their
effects is necessary for preservation of the public health,
safety, and general welfare of the citizens of this state.
It is the intent of this chapter to:
(1) Establish necessary emergency powers for the governor and define the situations under which such powers are to
be exercised;
(2) Provide penalties for violations of this chapter.
It is further the intent of the legislature that in developing
proposed orders under the powers granted in RCW
43.21G.040 as now or hereafter amended the governor may
utilize, on a temporary or ad hoc basis, the knowledge and
expertise of persons experienced in the technical aspects of
energy supply, distribution, or use. Such utilization shall be
in addition to support received by the governor from the
department of community, trade, and economic development
under RCW 43.21F.045 and *43.21F.065 and from other
state agencies. [1996 c 186 § 507; 1981 c 295 § 11; 1977
ex.s. c 328 § 1; 1975-'76 2nd ex.s. c 108 § 15.]
*Reviser's note: RCW 43.21F.065 was repealed by 1996 c 186 § 524,
effective July 1, 1996.
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Severability—1977 ex.s. c 328: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 328 § 20.]
43.21G.020
43.21G.020 Definitions. As used in this chapter:
(1) "Energy supply facility" means a facility which produces, extracts, converts, transports, or stores energy.
(2) "Energy" means any of the following, individually or
in combination: Petroleum fuels; other liquid fuels; natural
or synthetic fuel gas; solid carbonaceous fuels; fissionable
nuclear material, or electricity.
(3) "Person" means an individual, partnership, joint venture, private or public corporation, association, firm, public
service company, political subdivision, municipal corporation, government agency, public utility district, joint operating agency or any other entity, public or private, however
organized.
(4) "Committee" means the *joint committee on energy
and utilities created by RCW 44.39.010 as now or hereafter
amended.
[Title 43 RCW—page 156]
(5) "Distributor" means any person, private corporation,
partnership, individual proprietorship, utility, including
investor-owned utilities, joint operating agencies, municipal
utility, public utility district, or cooperative, which engages in
or is authorized to engage in the activity of generating, transmitting, or distributing energy in this state.
(6) "Regulated distributor" means a public service company as defined in chapter 80.04 RCW which engages in or is
authorized to engage in the activity of generating, transmitting, or distributing energy in this state.
(7) "Energy supply alert" means a situation which threatens to disrupt or diminish the supply of energy to the extent
that the public health, safety, and general welfare may be
jeopardized.
(8) "Energy emergency" means a situation in which the
unavailability or disruption of the supply of energy poses a
clear and foreseeable danger to the public health, safety, and
general welfare.
(9) "State or local governmental agency" means any
county, city, town, municipal corporation, political subdivision of the state, or state agency. [1977 ex.s. c 328 § 2; 1975'76 2nd ex.s. c 108 § 16.]
*Reviser's note: The "joint committee on energy and utilities" was
changed to the "joint committee on energy supply" by 2001 c 214 § 30.
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
43.21G.030
43.21G.030 Intent in developing energy production,
allocation, and consumption programs. It is the intent of
the legislature that the governor shall, in developing plans for
the production, allocation, and consumption of energy, give
high priority to supplying vital public services including, but
not limited to, essential governmental operations, public
health and safety functions, emergency services, public mass
transportation systems, fish production, food production and
processing facilities, including the provision of water to irrigated agriculture, and energy supply facilities, during a condition of energy supply alert or energy emergency. In developing any such plans, provisions should be made for the
equitable distribution of energy among the geographic areas
of the state.
It is further the intent of the legislature that the governor
shall, to the extent possible, encourage and rely upon voluntary programs and local and regional programs for the production, allocation, and consumption of energy and that
involvement of energy users and producers be secured in
implementing such programs. [1977 ex.s. c 328 § 3; 1975-'76
2nd ex.s. c 108 § 17.]
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
43.21G.040
43.21G.040 Governor's energy emergency powers—
Energy supply alert—Construction of chapter. (1) The
governor may subject to the definitions and limitations provided in this chapter:
(a) Upon finding that an energy supply alert exists within
this state or any part thereof, declare a condition of energy
supply alert; or
(b) Upon finding that an energy emergency exists within
this state or any part thereof, declare a condition of energy
emergency. A condition of energy emergency shall terminate
thirty consecutive days after the declaration of such condition
(2004 Ed.)
Energy Supply Emergencies, Alerts
if the legislature is not in session at the time of such declaration and if the governor fails to convene the legislature pursuant to Article III, section 7 of the Constitution of the state of
Washington within thirty consecutive days of such declaration. If the legislature is in session or convened, in accordance with this subsection, the duration of the condition of
energy emergency shall be limited in accordance with subsection (3) of this section.
Upon the declaration of a condition of energy supply
alert or energy emergency, the governor shall present to the
committee any proposed plans for programs, controls, standards, and priorities for the production, allocation, and consumption of energy during any current or anticipated condition of energy emergency, any proposed plans for the suspension or modification of existing rules of the Washington
Administrative Code, and any other relevant matters the governor deems desirable. The governor shall review any recommendations of the committee concerning such plans and matters.
Upon the declaration of a condition of energy supply
alert or energy emergency, the emergency powers as set forth
in this chapter shall become effective only within the area
described in the declaration.
(2) A condition of energy supply alert shall terminate
ninety consecutive days after the declaration of such condition unless:
(a) Extended by the governor upon issuing a finding that
the energy supply alert continues to exist, and with prior
approval of such an extension by the committee; or
(b) Extended by the governor based on a declaration by
the president of the United States of a national state of emergency in regard to energy supply; or
(c) Upon the request of the governor, extended by declaration of the legislature by concurrent resolution of a continuing energy supply alert.
An initial extension of an energy supply alert approved
and implemented under this subsection shall be for a specified period of time not to exceed ninety consecutive days
after the expiration of the original declaration. Any subsequent extensions shall be for a specified period of time not to
exceed one hundred twenty consecutive days after the expiration of the previous extension.
(3) A condition of energy emergency shall terminate
forty-five consecutive days after the declaration of such condition unless:
(a) Extended by the governor upon issuing a finding that
the energy emergency continues to exist, and with prior
approval of such an extension by the committee; or
(b) Extended by the governor based on a declaration by
the president of the United States of a national state of emergency in regard to energy supply; or
(c) Upon the request of the governor, extended by declaration of the legislature by concurrent resolution of a continuing energy emergency.
An initial extension of an energy emergency approved
and implemented under this subsection shall be for a specified period of time not to exceed forty-five consecutive days
after the expiration of the original declaration. Any subsequent extensions shall be for a specified period of time not to
exceed sixty consecutive days after the expiration of the previous extension.
(2004 Ed.)
43.21G.040
(4) A condition of energy supply alert or energy emergency shall cease to exist upon a declaration to that effect by
either of the following: (a) The governor; or (b) the legislature, by concurrent resolution, if in regular or special session:
PROVIDED, That the governor shall terminate a condition of
energy supply alert or energy emergency when the energy
supply situation upon which the declaration of a condition of
energy supply alert or energy emergency was based no longer
exists.
(5) In a condition of energy supply alert, the governor
may, as deemed necessary to preserve and protect the public
health, safety, and general welfare, and to minimize, to the
fullest extent possible, the injurious economic, social, and
environmental consequences of such energy supply alert,
issue orders to: (a) Suspend or modify existing rules of the
Washington Administrative Code of any state agency relating
to the consumption of energy by such agency or to the production of energy, and (b) direct any state or local governmental agency to implement programs relating to the consumption of energy by the agency which have been developed by the governor or the agency and reviewed by the
committee.
(6) In addition to the powers in subsection (5) of this section, in a condition of energy emergency, the governor may,
as deemed necessary to preserve and protect the public
health, safety, and general welfare, and to minimize, to the
fullest extent possible, the injurious economic, social, and
environmental consequences of such an emergency, issue
orders to: (a) Implement programs, controls, standards, and
priorities for the production, allocation, and consumption of
energy; (b) suspend and modify existing pollution control
standards and requirements or any other standards or requirements affecting or affected by the use of energy, including
those relating to air or water quality control; and (c) establish
and implement regional programs and agreements for the
purposes of coordinating the energy programs and actions of
the state with those of the federal government and of other
states and localities.
(7) The governor shall make a reasonable, good faith
effort to provide the committee with notice when the governor is considering declaring a condition of energy supply
alert or energy emergency. The governor shall immediately
transmit the declaration of a condition of energy supply alert
or energy emergency and the findings upon which the declaration is based and any orders issued under the powers
granted in this chapter to the committee. The governor shall
provide the committee with at least fourteen days' notice
when requesting an extension of a condition of energy supply
alert or energy emergency, unless such notice is waived by
the committee.
(8) Nothing in this chapter shall be construed to mean
that any program, control, standard, priority or other policy
created under the authority of the emergency powers authorized by this chapter shall have any continuing legal effect
after the cessation of the condition of energy supply alert or
energy emergency.
(9) If any provision of this chapter is in conflict with any
other provision, limitation, or restriction which is now in
effect under any other law of this state, including, but not limited to, chapter 34.05 RCW, this chapter shall govern and
[Title 43 RCW—page 157]
43.21G.050
Title 43 RCW: State Government—Executive
control, and such other law or rule issued thereunder shall be
deemed superseded for the purposes of this chapter.
(10) Because of the emergency nature of this chapter, all
actions authorized or required hereunder, or taken pursuant to
any order issued by the governor, shall be exempted from any
and all requirements and provisions of the state environmental policy act of 1971, chapter 43.21C RCW, including, but
not limited to, the requirement for environmental impact
statements.
(11) Except as provided in this section nothing in this
chapter shall exempt a person from compliance with the provisions of any other law, rule, or directive unless specifically
ordered by the governor. [2002 c 192 § 2; 1987 c 505 § 83;
1985 c 308 § 1; 1981 c 281 § 1; 1980 c 87 § 23; 1979 ex.s. c
158 § 1; 1977 ex.s. c 328 § 4; 1975-'76 2nd ex.s. c 108 § 18.]
Effective date—1985 c 308: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 29,
1985." [1985 c 308 § 2.]
Severability—1981 c 281: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 281 § 3.]
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
43.21G.050
43.21G.050 Duty of executive authority of state and
local governmental agencies to carry out supply alert or
emergency measures—Liability for actions. To protect the
public welfare during a condition of energy supply alert or
energy emergency, the executive authority of each state or
local governmental agency is hereby authorized and directed
to take action to carry out the orders issued by the governor
pursuant to this chapter as now or hereafter amended. A local
governmental agency shall not be liable for any lawful
actions consistent with RCW 43.21G.030 as now or hereafter
amended taken in good faith in accordance with such orders
issued by the governor. [1981 c 281 § 2; 1977 ex.s. c 328 §
5; 1975-'76 2nd ex.s. c 108 § 19.]
Severability—1981 c 281: See note following RCW 43.21G.040.
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
43.21G.060
43.21G.060 Consideration of actions, orders, etc., of
federal authorities. In order to attain uniformity, as far as is
practicable throughout the United States, in measures taken
to aid in energy crisis management, all action taken under this
chapter as now or hereafter amended, and all orders and rules
made pursuant hereto, shall be taken or made with due consideration for and consistent when practicable with the
orders, rules, regulations, actions, recommendations, and
requests of federal authorities. [1977 ex.s. c 328 § 6; 1975'76 2nd ex.s. c 108 § 20.]
43.21G.080
43.21G.080 Compliance by distributors—Fair and
just reimbursement. The governor may order any distributor to take such action on his behalf as may be required to
implement orders issued pursuant to this chapter as now or
hereafter amended: PROVIDED, That orders to regulated
distributors shall be issued by the Washington utilities and
transportation commission in conformance with orders of the
governor. No distributor shall be liable for actions taken in
accordance with such orders issued by the governor or the
Washington utilities and transportation commission.
All allocations of energy from one distributor to another
distributor pursuant to orders issued or as a result of actions
taken under this chapter as now or hereafter amended are subject to fair and just reimbursement. Such reimbursement for
any allocation of energy between regulated distributors shall
be subject to the approval of the Washington utilities and
transportation commission. A distributor is authorized to
enter into agreements with another distributor for the purpose
of determining financial or commodity reimbursement.
[1977 ex.s. c 328 § 8; 1975-'76 2nd ex.s. c 108 § 22.]
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
43.21G.090
43.21G.090 Petition for exception or modification—
Appeals. (1) Any person aggrieved by an order issued or
action taken pursuant to this chapter as now or hereafter
amended may petition the governor and request an exception
from or modification of such order or action. The governor
may grant, modify, or deny such petition as the public interest
may require.
(2) An appeal from any order issued or action taken pursuant to this chapter as now or hereafter amended may be
taken to the state supreme court. Such an appeal shall take the
form of a petition for a writ of mandamus or prohibition
under Article IV, section 4 of the state Constitution, and the
supreme court shall have exclusive jurisdiction to hear and
act upon such an appeal. Notwithstanding the provisions of
chapter 7.16 RCW, or any other applicable statute, the superior courts of this state shall have no jurisdiction to entertain
an action or suit relating to any order issued or action taken
pursuant to this chapter as now or hereafter amended, nor to
hear and determine any appeal from any such order. The provisions of Rule 16.2, Rules of Appellate Procedure, shall
apply to any proceedings in the supreme court brought pursuant to this chapter as now or hereafter amended. [1977 ex.s.
c 328 § 9; 1975-'76 2nd ex.s. c 108 § 23.]
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
43.21G.100
43.21G.100 Penalty. Any person wilfully violating any
provision of an order issued by the governor pursuant to this
chapter shall be guilty of a gross misdemeanor. [1975-'76
2nd ex.s. c 108 § 24.]
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
43.21G.900
43.21G.070
43.21G.070 Compliance by affected persons. Notwithstanding any provision of law or contract to the contrary,
all persons who are affected by an order issued or action
taken pursuant to this chapter as now or hereafter amended
shall comply therewith immediately. [1977 ex.s. c 328 § 7;
1975-'76 2nd ex.s. c 108 § 21.]
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
[Title 43 RCW—page 158]
43.21G.900 Severability—Effective date—1975-'76
2nd ex.s. c 108. See notes following RCW 43.21F.010.
Chapter 43.21H
Chapter 43.21H RCW
STATE ECONOMIC POLICY
Sections
43.21H.010 Purpose.
(2004 Ed.)
Oil Spill Prevention Program
43.21H.020 State and local authorities to insure that economic values be
given appropriate consideration in rule-making process.
43.21H.030 Statutory obligations of agencies not affected.
43.21H.900 Severability—1975-'76 2nd ex.s. c 117.
43.21H.010 Purpose. The purpose of this chapter is to
assert that it is the intent of the legislature that economic values are given appropriate consideration along with environmental, social, health, and safety considerations in the promulgation of rules by state and local government. [1975-'76
2nd ex.s. c 117 § 1.]
43.21H.010
43.21H.020 State and local authorities to insure that
economic values be given appropriate consideration in
rule-making process. All state agencies and local government entities with rule-making authority under state law or
local ordinance shall adopt methods and procedures which
will insure that economic values will be given appropriate
consideration in the rule-making process along with environmental, social, health, and safety considerations. [1975-'76
2nd ex.s. c 117 § 2.]
43.21H.020
43.21H.030 Statutory obligations of agencies not
affected. Nothing in this chapter shall in any way affect the
specific statutory obligations of any agency:
(1) To comply with environmental, social, health, safety,
or other standards prescribed by law;
(2) To coordinate or consult with any other public
agency; or
(3) To act, or refrain from acting, where required by law,
upon the recommendations or certification of another public
agency. [1975-'76 2nd ex.s. c 117 § 3.]
43.21H.030
43.21H.900 Severability—1975-'76 2nd ex.s. c 117. If
any provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1975-'76 2nd ex.s. c 117 § 4.]
43.21H.900
Chapter 43.21I
Chapter 43.21I RCW
OIL SPILL PREVENTION PROGRAM
(Formerly: Office of marine safety)
Sections
43.21I.005
43.21I.010
43.21I.030
43.21I.040
43.21I.900
Findings—Consolidation of oil spill programs—Administrator of consolidated oil spill program.
Program created—Powers and duties—Definitions.
Director's powers.
Authority to administer oaths and issue subpoenas.
Effective dates—Severability—1991 c 200.
Abolishment of office: RCW 88.46.921.
43.21I.005
43.21I.005 Findings—Consolidation of oil spill programs—Administrator of consolidated oil spill program.
Reviser's note: RCW 43.21I.005 was amended by 2000 c 69 § 35 without reference to its decodification by 2000 c 69 § 36. It has been decodified
for publication purposes under RCW 1.12.025.
43.21I.010 Program created—Powers and duties—
Definitions. (1) There is hereby created within the department of ecology an oil spill prevention program. For the program, the department shall be vested with all powers and
duties transferred to it from the *office of marine safety and
43.21I.010
(2004 Ed.)
43.21I.010
such other powers and duties as may be authorized by law.
The main administrative office for the program shall be
located in the city of Olympia. The director may establish
administrative facilities in other locations, if deemed necessary for the efficient operation of the program, and if consistent with the principles set forth in subsection (2) of this section.
(2) The oil spill prevention program shall be organized
consistent with the goals of providing state government with
a focus in marine transportation and serving the people of this
state. The legislature recognizes that the director needs sufficient organizational flexibility to carry out the program's various duties. To the extent practical, the director shall consider
the following organizational principles:
(a) Clear lines of authority which avoid functional duplication within and between subelements of the program;
(b) A clear and simplified organizational design promoting accessibility, responsiveness, and accountability to the
legislature, the consumer, and the general public; and
(c) Maximum span of control without jeopardizing adequate supervision.
(3) The department, through the program, shall provide
leadership and coordination in identifying and resolving
threats to the safety of marine transportation and the impact
of marine transportation on the environment:
(a) Working with other state agencies and local governments to strengthen the state and local governmental partnership in providing public protection;
(b) Providing expert advice to the executive and legislative branches of state government;
(c) Providing active and fair enforcement of rules;
(d) Working with other federal, state, and local agencies
and facilitating their involvement in planning and implementing marine safety measures;
(e) Providing information to the public; and
(f) Carrying out such other related actions as may be
appropriate to this purpose.
(4) In accordance with the administrative procedure act,
chapter 34.05 RCW, the department shall ensure an opportunity for consultation, review, and comment before the adoption of standards, guidelines, and rules.
(5) Consistent with the principles set forth in subsection
(2) of this section, the director may create such administrative
divisions, offices, bureaus, and programs within the program
as the director deems necessary. The director shall have complete charge of and supervisory powers over the program,
except where the director's authority is specifically limited by
law.
(6) The director shall appoint such personnel as are necessary to carry out the duties of the program. In addition to
exemptions set forth in RCW 41.06.070, up to four professional staff members shall be exempt from the provisions of
chapter 41.06 RCW. All other employees of the program
shall be subject to the provisions of chapter 41.06 RCW.
(7) The definitions in this section apply throughout this
chapter.
(a) "Department" means the department of ecology.
(b) "Director" means the director of the department.
[2000 c 69 § 27; 1992 c 73 § 4; (1995 2nd sp.s. c 14 § 515
expired June 30, 1997); 1991 c 200 § 402. Formerly RCW
43.21A.710.]
[Title 43 RCW—page 159]
43.21I.030
Title 43 RCW: State Government—Executive
*Reviser's note: The office of marine safety was abolished and its
powers, duties, and functions transferred to the department of ecology by
1991 c 200 § 430, effective July 1, 1997.
Expiration date—1995 2nd sp.s. c 14 §§ 511-523, 528-533: See note
following RCW 43.105.017.
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and
90.56.905.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
43.21I.030
43.21I.030 Director's powers. In addition to any other
powers granted the director, the director may:
(1) Adopt, in accordance with chapter 34.05 RCW, rules
necessary to carry out the provisions of this chapter and chapter 88.46 RCW;
(2) Appoint such advisory committees as may be necessary to carry out the provisions of this chapter and chapter
88.46 RCW. Members of such advisory committees are
authorized to receive travel expenses in accordance with
RCW 43.03.050 and 43.03.060. The director shall review
each advisory committee within the jurisdiction of the program and each statutory advisory committee on a biennial
basis to determine if such advisory committee is needed. The
criteria specified in *RCW 43.131.070 shall be used to determine whether or not each advisory committee shall be continued;
(3) Undertake studies, research, and analysis necessary
to carry out the provisions of this chapter and chapter 88.46
RCW;
(4) Delegate powers, duties, and functions of the program to employees of the department as the director deems
necessary to carry out the provisions of this chapter and chapter 88.46 RCW;
(5) Enter into contracts on behalf of the department to
carry out the purposes of this chapter and chapter 88.46
RCW;
(6) Act for the state in the initiation of, or the participation in, any intergovernmental program for the purposes of
this chapter and chapter 88.46 RCW; or
(7) Accept gifts, grants, or other funds. [2000 c 69 § 28;
1992 c 73 § 11; (1995 2nd sp.s. c 14 § 516 expired June 30,
1997); 1991 c 200 § 405. Formerly RCW 43.21A.715.]
*Reviser's note: RCW 43.131.070 was repealed by 2000 c 189 § 11.
Expiration date—1995 2nd sp.s. c 14 §§ 511-523, 528-533: See note
following RCW 43.105.017.
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Effective dates—Severability—1992 c 73: See RCW 82.23B.902 and
90.56.905.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
43.21I.040
43.21I.040 Authority to administer oaths and issue
subpoenas. (1) The director shall have full authority to
administer oaths and take testimony thereunder, to issue subpoenas requiring the attendance of witnesses before the direc[Title 43 RCW—page 160]
tor together with all books, memoranda, papers, and other
documents, articles or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to
the matters under investigation.
(2) Subpoenas issued in adjudicative proceedings shall
be governed by chapter 34.05 RCW.
(3) Subpoenas issued in the conduct of investigations
required or authorized by other statutory provisions or necessary in the enforcement of other statutory provisions shall be
governed by chapter 34.05 RCW. [2000 c 69 § 29; 1991 c
200 § 407; (1995 2nd sp.s. c 14 § 517 expired June 30, 1997).
Formerly RCW 43.21A.720.]
Expiration date—1995 2nd sp.s. c 14 §§ 511-523, 528-533: See note
following RCW 43.105.017.
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
43.21I.900
200.
43.21I.900 Effective dates—Severability—1991 c
See RCW 90.56.901 and 90.56.904.
Chapter 43.21J
Chapter 43.21J RCW
ENVIRONMENTAL AND FOREST
RESTORATION PROJECTS
Sections
43.21J.005
43.21J.010
43.21J.030
43.21J.040
43.21J.050
43.21J.060
43.21J.070
43.21J.800
43.21J.900
43.21J.901
43.21J.902
43.21J.903
43.21J.904
Legislative findings.
Intent—Purpose—Definitions.
Environmental enhancement and job creation task force.
Environmental enhancement and restoration project proposals—Evaluation—Award of funds.
Training or employment.
Unemployment compensation benefits—Training.
Unemployment compensation benefits—Special base year and
benefit year.
Joint legislative audit and review committee report.
Short title—1993 c 516.
Section captions and part headings—1993 c 516.
Severability—1993 c 516.
Conflict with federal requirements—1993 c 516.
Effective date—1993 c 516.
43.21J.005
43.21J.005 Legislative findings. (1) The legislature
finds that the long-term health of the economy of Washington
state depends on the sustainable management of its natural
resources. Washington's forests, estuaries, waterways, and
watersheds provide a livelihood for thousands of citizens of
Washington state and millions of dollars of income and tax
revenues every year from forests, fisheries, shellfisheries,
recreation, tourism, and other water-dependent industries.
(2) The legislature further finds that the livelihoods and
revenues produced by Washington's forests, estuaries, waterways, and watersheds would be enhanced by immediate
investments in clean water infrastructure and habitat restoration.
(3) The legislature further finds that an insufficiency in
financial resources, especially in timber-dependent communities, has resulted in investments in clean water and habitat
restoration too low to ensure the long-term economic and
environmental health of Washington's forests, estuaries,
waterways, and watersheds.
(2004 Ed.)
Environmental and Forest Restoration Projects
(4) The legislature further finds that unemployed workers and Washington's economically distressed communities,
especially timber-dependent areas, can benefit from opportunities for employment in environmental restoration projects.
(5) The legislature therefore declares that immediate
investments in a variety of environmental restoration
projects, based on sound principles of watershed management and environmental and forest restoration, are necessary
to rehabilitate damaged watersheds and to assist dislocated
workers and the unemployed gain job skills necessary for
long-term employment. [1993 c 516 § 1.]
43.21J.010
43.21J.010 Intent—Purpose—Definitions. (1) It is
the intent of this chapter to provide financial resources to
make substantial progress toward: (a) Implementing the
Puget Sound water quality management plan and other watershed-based management strategies and plans; (b) ameliorating degradation to watersheds; and (c) keeping and creating
stable, environmentally sound, good wage employment in
Washington state. The legislature intends that employment
under this chapter is not to result in the displacement or partial displacement, whether by the reduction of hours of nonovertime work, wages, or other employment benefits, of currently employed workers, including but not limited to state
civil service employees, or of currently or normally contracted services.
(2) It is the purpose of this chapter to:
(a) Implement clean water, forest, and habitat restoration
projects that will produce measurable improvements in water
and habitat quality, that rate highly when existing environmental ranking systems are applied, and that provide economic stability.
(b) Facilitate the coordination and consistency of federal,
state, tribal, local, and private water and habitat protection
and enhancement programs in the state's watersheds.
(c) Fund necessary projects for which a public planning
process has been completed.
(d) Provide immediate funding to create jobs and training for environmental restoration and enhancement jobs for
unemployed workers and displaced workers in impact areas,
especially rural natural resources-dependent communities.
(3) For purposes of this chapter "impact areas" means:
(a) Distressed counties as defined in RCW 43.165.010(3)(a);
(b) subcounty areas in those counties not covered under (a) of
this subsection that are rural natural resources impact areas as
defined in *RCW 43.31.601; (c) urban subcounty areas as
defined in **RCW 43.165.010(3)(c); and (d) areas that the
task force determines are likely to experience dislocations in
the near future from downturns in natural resource-based
industries.
(4) For purposes of this chapter, "high-risk youth" means
youth eligible for Washington conservation corps programs
under chapter 43.220 RCW or Washington service corps programs under chapter 50.65 RCW.
(5) For purposes of this chapter, "dislocated forest products worker" has the meaning set forth in *RCW 50.70.010.
(6) For purposes of this chapter, "task force" means the
environmental enhancement and job creation task force created under RCW 43.21J.030. [1995 c 226 § 26; 1993 c 516 §
2.]
(2004 Ed.)
43.21J.030
Reviser's note: *(1) RCW 43.31.601 and 50.70.010 were repealed by
1995 c 226 § 35, effective June 30, 2001.
**(2) RCW 43.165.010 was amended by 1996 c 290 § 2, changing subsection (3)(c) to subsection (3)(d).
Severability—Conflict with federal requirements—Effective date—
1995 c 226: See notes following RCW 43.160.020.
43.21J.030
43.21J.030 Environmental enhancement and job creation task force. (1) There is created the environmental
enhancement and job creation task force within the office of
the governor. The purpose of the task force is to provide a
coordinated and comprehensive approach to implementation
of chapter 516, Laws of 1993. The task force shall consist of
the commissioner of public lands, the director of the department of fish and wildlife, the director of the department of
ecology, the director of the parks and recreation commission,
the timber team coordinator, the executive director of the
work force training and education coordinating board, and
the executive director of the *Puget Sound water quality
authority, or their designees. The task force may seek the
advice of the following agencies and organizations: The
department of community, trade, and economic development,
the conservation commission, the employment security
department, the interagency committee for outdoor recreation, appropriate federal agencies, appropriate special districts, the Washington state association of counties, the association of Washington cities, labor organizations, business
organizations, timber-dependent communities, environmental organizations, and Indian tribes. The governor shall
appoint the task force chair. Members of the task force shall
serve without additional pay. Participation in the work of the
committee by agency members shall be considered in performance of their employment. The governor shall designate
staff and administrative support to the task force and shall
solicit the participation of agency personnel to assist the task
force.
(2) The task force shall have the following responsibilities:
(a) Soliciting and evaluating, in accordance with the criteria set forth in RCW 43.21J.040, requests for funds from
the **environmental and forest restoration account and making distributions from the account. The task force shall award
funds for projects and training programs it approves and may
allocate the funds to state agencies for disbursement and contract administration;
(b) Coordinating a process to assist state agencies and
local governments to implement effective environmental and
forest restoration projects funded under this chapter;
(c) Considering unemployment profile data provided by
the employment security department.
(3) Beginning July 1, 1994, the task force shall have the
following responsibilities:
(a) To solicit and evaluate proposals from state and local
agencies, private nonprofit organizations, and tribes for environmental and forest restoration projects;
(b) To rank the proposals based on criteria developed by
the task force in accordance with RCW 43.21J.040; and
(c) To determine funding allocations for projects to be
funded from the account created in **RCW 43.21J.020 and
for projects or programs as designated in the omnibus operat[Title 43 RCW—page 161]
43.21J.040
Title 43 RCW: State Government—Executive
ing and capital appropriations acts. [1998 c 245 § 60; 1994 c
264 § 17; 1993 c 516 § 5.]
Reviser's note: *(1) The Puget Sound water quality authority and its
powers and duties, pursuant to the Sunset Act, chapter 43.131 RCW, were
terminated June 30, 1995, and repealed June 30, 1996. See 1990 c 115 §§ 11
and 12. Powers, duties, and functions of the Puget Sound water quality
authority pertaining to cleanup and protection of Puget Sound transferred to
the Puget Sound action team by 1996 c 138 § 11. See RCW 90.71.903.
**(2) The "environmental and forest restoration account" was created
in RCW 43.21J.020 which was repealed by 2000 c 150 § 2, effective July 1,
2001.
43.21J.040
43.21J.040 Environmental enhancement and restoration project proposals—Evaluation—Award of funds.
(1) Subject to the limitations of *RCW 43.21J.020, the task
force shall award funds from the *environmental and forest
restoration account on a competitive basis. The task force
shall evaluate and rate environmental enhancement and restoration project proposals using the following criteria:
(a) The ability of the project to produce measurable
improvements in water and habitat quality;
(b) The cost-effectiveness of the project based on: (i)
Projected costs and benefits of the project; (ii) past costs and
environmental benefits of similar projects; and (iii) the ability
of the project to achieve cost efficiencies through its design to
meet multiple policy objectives;
(c) The inclusion of the project as a high priority in a federal, state, tribal, or local government plan relating to environmental or forest restoration, including but not limited to a
local watershed action plan, storm water management plan,
capital facility plan, growth management plan, or a flood
control plan; or the ranking of the project by conservation
districts as a high priority for water quality and habitat
improvements;
(d) The number of jobs to be created by the project for
dislocated forest products workers, high-risk youth, and residents of impact areas;
(e) Participation in the project by environmental businesses to provide training, cosponsor projects, and employ or
jointly employ project participants;
(f) The ease with which the project can be administered
from the community the project serves;
(g) The extent to which the project will either augment
existing efforts by organizations and governmental entities
involved in environmental and forest restoration in the community or receive matching funds, resources, or in-kind contributions; and
(h) The capacity of the project to produce jobs and jobrelated training that will pay market rate wages and impart
marketable skills to workers hired under this chapter.
(2) The following types of projects and programs shall
be given top priority in the first fiscal year after July 1, 1993:
(a) Projects that are highly ranked in and implement
adopted or approved watershed action plans, such as those
developed pursuant to **Puget Sound water quality authority
rules adopted for local planning and management of nonpoint
source pollution;
(b) Conservation district projects that provide water
quality and habitat improvements;
(c) Indian tribe projects that provide water quality and
habitat improvements; or
[Title 43 RCW—page 162]
(d) Projects that implement actions approved by a shellfish protection district under chapter 100, Laws of 1992.
(3) Funds shall not be awarded for the following activities:
(a) Administrative rule making;
(b) Planning; or
(c) Public education. [1993 c 516 § 4.]
Reviser's note: *(1) The "environmental and forest restoration
account" was created in RCW 43.21J.020 which was repealed by 2000 c 150
§ 2, effective July 1, 2001.
**(2) The Puget Sound water quality authority and its powers and
duties, pursuant to the Sunset Act, chapter 43.131 RCW, were terminated
June 30, 1995, and repealed June 30, 1996. See 1990 c 115 §§ 11 and 12.
Powers, duties, and functions of the Puget Sound water quality authority pertaining to cleanup and protection of Puget Sound transferred to the Puget
Sound action team by 1996 c 138 § 11. See RCW 90.71.903.
43.21J.050
43.21J.050 Training or employment. (1) Eligibility
for training or employment in projects funded through the
*environmental and forest restoration account shall, to the
extent practicable, be for workers who are currently unemployed.
(2) To the greatest extent practicable, the following
groups of individuals shall be given preference for training or
employment in projects funded through the *environmental
and forest restoration account:
(a) Dislocated workers who are receiving unemployment
benefits or have exhausted unemployment benefits; and
(b) High-risk youth.
(3) Projects funded for forest restoration shall be for
workers whose employment was terminated in the Washington forest products industry within the previous four years.
(4) The task force shall submit a list to private industry
councils and the employment security department of projects
receiving funds under the provisions of this chapter. The list
shall include the number, location, and types of jobs expected
to be provided by each project. The employment security
department shall recruit workers for these jobs by:
(a) Notifying dislocated forest workers who meet the
definitions in chapter 50.70 RCW, who are receiving unemployment benefits or who have exhausted unemployment
benefits, of their eligibility for the programs;
(b) Notifying other unemployed workers;
(c) Developing a pool of unemployed workers including
high-risk youth eligible to enroll in the program; and
(d) Establishing procedures for workers to apply to the
programs.
(5) The employment security department shall refer eligible workers to employers hiring under the *environmental
and forest restoration account programs. Recipients of funds
shall consider the list of eligible workers developed by the
employment security department before conducting interviews or making hiring decisions. Recipients of funds shall
ensure that workers are aware of whatever opportunities for
vocational training, job placement, and remedial education
are available from the employment security department.
(6) An individual is eligible for applicable employment
security benefits while participating in training related to this
chapter. Eligibility shall be confirmed by the commissioner
of employment security by submitting a commissionerapproved training waiver.
(2004 Ed.)
Environmental and Forest Restoration Projects
(7) Persons receiving funds from the *environmental and
forest restoration account shall not be considered state
employees for the purposes of existing provisions of law with
respect to hours of work, sick leave, vacation, and civil service but shall receive health benefits. Persons receiving funds
from this account who are hired by a state agency, except for
Washington conservation and service corps enrollees, shall
receive medical and dental benefits as provided under chapter
41.05 RCW and industrial insurance coverage under Title 51
RCW, but are exempt from the provisions of chapter 41.06
RCW.
(8) Compensation for employees, except for Washington
conservation and service corps enrollees, hired under the program established by this chapter shall be based on market
rates in accordance with the required skill and complexity of
the jobs created. Remuneration paid to employees under this
chapter shall be considered covered employment for purposes of chapter 50.04 RCW.
(9) Employment under this program shall not result in
the displacement or partial displacement, whether by the
reduction of hours of nonovertime work, wages, or other
employment benefits, of currently employed workers, including but not limited to state civil service employees, or of currently or normally contracted services. [1993 c 516 § 8.]
*Reviser's note: The "environmental and forest restoration account"
was created in RCW 43.21J.020 which was repealed by 2000 c 150 § 2,
effective July 1, 2001.
43.21J.060
43.21J.060 Unemployment compensation benefits—
Training. An individual shall be considered to be in training
with the approval of the commissioner as defined in RCW
50.20.043, and be eligible for applicable unemployment
insurance benefits while participating in and making satisfactory progress in training related to this chapter. [1993 c 516
§ 9.]
43.21J.070
43.21J.070 Unemployment compensation benefits—
Special base year and benefit year. For the purpose of providing the protection of the unemployment compensation
system to individuals at the conclusion of training or employment obtained as a result of this chapter, a special base year
and benefit year are established.
(1) Only individuals who have entered training or
employment provided by the *environmental and forest restoration account, and whose employment or training under
such account was not considered covered under chapter 50.04
RCW, shall be allowed the special benefit provisions of this
chapter.
(2) An application for initial determination made under
this chapter must be filed in writing with the employment
security department within twenty-six weeks following the
week in which the individual commenced employment or
training obtained as a result of this chapter. Notice from the
individual, from the employing entity, or notice of hire from
employment security department administrative records shall
satisfy this requirement.
(3) For the purpose of this chapter, a special base year is
established for an individual consisting of the first four of the
last five completed calendar quarters, or if a benefit year is
not established using the first four of the last five completed
calendar quarters as the base year, the last four completed
(2004 Ed.)
43.21J.901
calendar quarters immediately prior to the first day of the calendar week in which the individual began employment or
training provided by the *environmental and forest restoration account.
(4) A special individual benefit year is established consisting of the entire period of training or employment provided by the *environmental and forest restoration account
and a fifty-two consecutive week period commencing with
the first day of the calendar week in which the individual last
participated in such employment or training. No special benefit year shall have a duration in excess of three hundred
twelve calendar weeks. Such special benefit year will not be
established unless the criteria contained in RCW 50.04.030
has been met, except that an individual meeting the requirements of this chapter and who has an unexpired benefit year
established which would overlap the special benefit year may
elect to establish a special benefit year under this chapter,
notwithstanding the provisions in RCW 50.04.030 relating to
establishment of a subsequent benefit year, and RCW
50.40.010 relating to waiver of rights. Such unexpired benefit
year shall be terminated with the beginning of the special
benefit year if the individual elects to establish a special benefit year under this chapter.
(5) The individual's weekly benefit amount and maximum amount payable during the special benefit year shall be
governed by the provisions contained in RCW 50.20.120.
The individual's basic and continuing right to benefits shall
be governed by the general laws and rules relating to the payment of unemployment compensation benefits to the extent
that they are not in conflict with the provisions of this chapter.
(6) The fact that wages, hours, or weeks worked during
the special base year may have been used in computation of a
prior valid claim for unemployment compensation shall not
affect a claim for benefits made under the provisions of this
chapter. However, wages, hours, and weeks worked used in
computing entitlement on a claim filed under this chapter
shall not be available or used for establishing entitlement or
amount of benefits in any succeeding benefit year.
(7) Benefits paid to an individual filing under the provisions of this section shall not be charged to the experience
rating account of any contribution paying employer. [1993 c
516 § 10.]
*Reviser's note: The "environmental and forest restoration account"
was created in RCW 43.21J.020 which was repealed by 2000 c 150 § 2,
effective July 1, 2001.
43.21J.800
43.21J.800 Joint legislative audit and review committee report. On or before June 30, 1998, the joint legislative
audit and review committee shall prepare a report to the legislature evaluating the implementation of the environmental
restoration jobs act of 1993, chapter 516, Laws of 1993.
[1996 c 288 § 36; 1993 c 516 § 11.]
43.21J.900
43.21J.900 Short title—1993 c 516. This act shall be
known as the environmental restoration jobs act of 1993.
[1993 c 516 § 15.]
43.21J.901
43.21J.901 Section captions and part headings—
1993 c 516. Section captions and part headings as used in
this act constitute no part of the law. [1993 c 516 § 16.]
[Title 43 RCW—page 163]
43.21J.902
Title 43 RCW: State Government—Executive
43.21J.902
43.21J.902 Severability—1993 c 516. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 516 § 17.]
43.21J.903
43.21J.903 Conflict with federal requirements—
1993 c 516. If any part of this act is found to be in conflict
with federal requirements that are a prescribed condition to
the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits,
the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or
determination shall not affect the operation of the remainder
of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal
funds by the state or the granting of federal unemployment
tax credits to employers in this state. [1993 c 516 § 19.]
43.21J.904
43.21J.904 Effective date—1993 c 516. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 516 § 20.]
Chapter 43.21K
Chapter 43.21K RCW
ENVIRONMENTAL EXCELLENCE
PROGRAM AGREEMENTS
Sections
43.21K.005
43.21K.010
43.21K.020
43.21K.030
43.21K.040
43.21K.050
43.21K.060
43.21K.070
43.21K.080
43.21K.090
43.21K.100
43.21K.110
43.21K.120
43.21K.130
43.21K.140
43.21K.150
43.21K.160
43.21K.170
Purpose—1997 c 381.
Definitions.
Agreements—Environmental results.
Authority for agreements—Restrictions.
Proposals for agreements.
Stakeholder participation.
Terms and conditions of agreements.
Public comment—Notice—Responsiveness summary—Copy
to federal agency.
Effect of agreements on legal requirements and permits—Permit revisions—Programmatic agreements.
Judicial review.
Continued effect of agreements and permits—Modification of
affected permit or approval.
Enforceable and voluntary commitments—Enforcement
actions.
Reduced fee schedule.
Rule-making authority.
Advisory committee.
Costs of processing proposals—Fees—Voluntary contributions.
Termination of authority to enter into agreements.
Environmental excellence account.
43.21K.005
43.21K.005 Purpose—1997 c 381. The purpose of
chapter 381, Laws of 1997 is to create a voluntary program
authorizing environmental excellence program agreements
with persons regulated under the environmental laws of the
state of Washington, and to direct agencies of the state of
Washington to solicit and support the development of agreements that use innovative environmental measures or strategies to achieve environmental results more effectively or efficiently.
Agencies shall encourage environmental excellence program agreements that favor or promote pollution prevention,
source reduction, or improvements in practices that are trans[Title 43 RCW—page 164]
ferable to other interested entities or that can achieve better
overall environmental results than required by otherwise
applicable rules and requirements.
In enacting chapter 381, Laws of 1997 it is not the intent
of the legislature that state environmental standards be
applied in a manner that could result in these state standards
being waived under section 121 of the federal comprehensive
environmental response, compensation, and liability act (42
U.S.C. Sec. 9261). [1997 c 381 § 1.]
43.21K.010
43.21K.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "State, regional, or local agency" means an agency,
board, department, authority, or commission that administers
environmental laws.
(2) "Coordinating agency" means the state, regional, or
local agency with the primary regulatory responsibility for
the proposed environmental excellence program agreement.
If multiple agencies have jurisdiction to administer state
environmental laws affected by an environmental excellence
agreement, the department of ecology shall designate or act
as the coordinating agency.
(3) "Director" means the individual or body of individuals in whom the ultimate legal authority of an agency is
vested by any provision of law. If the agency head is a body
of individuals, a majority of those individuals constitutes the
director.
(4) "Environmental laws" means chapters 43.21A,
70.94, 70.95, 70.105, 70.119A, 77.55, 90.48, 90.52, 90.58,
90.64, and 90.71 RCW, and RCW 90.54.020(3)(b) and rules
adopted under those chapters and section. The term environmental laws as used in this chapter does not include any provision of the Revised Code of Washington, or of any municipal ordinance or enactment, that regulates the selection of a
location for a new facility.
(5) "Facility" means a site or activity that is regulated
under any of the provisions of the environmental laws.
(6) "Legal requirement" includes any provision of an
environmental law, rule, order, or permit.
(7) "Sponsor" means the owner or operator of a facility,
including a municipal corporation, subject to regulation
under the environmental laws of the state of Washington, or
an authorized representative of the owner or operator, that
submits a proposal for an environmental excellence program
agreement.
(8) "Stakeholder" means a person who has a direct interest in the proposed environmental excellence program agreement or who represents a public interest in the proposed environmental excellence program agreement. Stakeholders may
include communities near the project, local or state governments, permittees, businesses, environmental and other public interest groups, employees or employee representatives,
or other persons. [2003 c 39 § 25; 1997 c 381 § 2.]
43.21K.020
43.21K.020 Agreements—Environmental results.
An environmental excellence program agreement entered
into under this chapter must achieve more effective or efficient environmental results than the results that would be otherwise achieved. The basis for comparison shall be a reason(2004 Ed.)
Environmental Excellence Program Agreements
able estimate of the overall impact of the participating facility
on the environment in the absence of an environmental excellence program agreement. More effective environmental
results are results that are better overall than those that would
be achieved under the legal requirements superseded or
replaced by the agreement. More efficient environmental
results are results that are achieved at reduced cost but do not
decrease the overall environmental results achieved by the
participating facility. An environmental excellence program
agreement may not authorize either (1) the release of water
pollutants that will cause to be exceeded, at points of compliance in the ambient environment established pursuant to law,
numeric surface water or ground water quality criteria or
numeric sediment quality criteria adopted as rules under
chapter 90.48 RCW; or (2) the emission of any air contaminants that will cause to be exceeded any air quality standard
as defined in RCW 70.94.030(3); or (3) a decrease in the
overall environmental results achieved by the participating
facility compared with results achieved over a representative
period before the date on which the agreement is proposed by
the sponsor. However, an environmental excellence program
agreement may authorize reasonable increases in the release
of pollutants to permit increases in facility production or
facility expansion and modification. [1997 c 381 § 3.]
43.21K.030
43.21K.030 Authority for agreements—Restrictions.
(1) The director of a state, regional, or local agency may enter
into an environmental excellence program agreement with
any sponsor, even if one or more of the terms of the environmental excellence program agreement would be inconsistent
with an otherwise applicable legal requirement. An environmental excellence program agreement must meet the requirements of RCW 43.21K.020. Otherwise applicable legal
requirements identified according to RCW 43.21K.060(1)
shall be superseded and replaced in accordance with RCW
43.21K.080.
(2) The director of a state, regional, or local agency may
enter into an environmental excellence program agreement
only to the extent the state, regional, or local agency has jurisdiction to administer state environmental laws either directly
or indirectly through the adoption of rules.
(3) Where a sponsor proposes an environmental excellence program agreement that would affect legal requirements applicable to the covered facility that are administered
by more than one state, regional, or local agency, the coordinating agency shall take the lead in developing the environmental excellence program agreement with the sponsor and
other agencies administering legal requirements applicable to
the covered facility and affected by the agreement. The environmental excellence program agreement does not become
effective until the agreement is approved by the director of
each agency administering legal requirements identified
according to RCW 43.21K.060(1).
(4) No director may enter into an environmental excellence program agreement applicable to a remedial action conducted under the Washington model toxics control act, chapter 70.105D RCW, or the federal comprehensive environmental response, compensation and liability act (42 U.S.C.
Sec. 9601 et seq.). No action taken under this chapter shall be
deemed a waiver of any applicable, relevant, or appropriate
requirements for any remedial action conducted under the
(2004 Ed.)
43.21K.040
Washington model toxics control act or the federal comprehensive environmental response, compensation and liability
act.
(5) The directors of state, regional, or local agencies
shall not enter into an environmental excellence program
agreement or a modification of an environmental excellence
program agreement containing terms affecting legal requirements adopted to comply with provisions of a federal regulatory program and to which the responsible federal agency
objects after notice under the terms of RCW 43.21K.070(4).
(6) The directors of regional or local governments may
not enter into an environmental excellence program agreement or a modification of an environmental excellence program agreement containing terms affecting legal requirements that are subject to review or appeal by a state agency,
including but not limited to chapters 70.94, 70.95, and 90.58
RCW, and to which the responsible state agency objects after
notice is given under the terms of RCW 43.21K.070(4).
[1997 c 381 § 4.]
43.21K.040
43.21K.040 Proposals for agreements. (1) A sponsor
may propose an environmental excellence program agreement. A trade association or other authorized representative
of a sponsor or sponsors may propose a programmatic environmental excellence program agreement for multiple facilities.
(2) A sponsor must submit, at a minimum, the following
information and other information that may be requested by
the director or directors required to sign the agreement:
(a) A statement that describes how the proposal is consistent with the purpose of this chapter and the project
approval criteria in RCW 43.21K.020;
(b)(i) For a site-specific proposal, a comprehensive
description of the proposed environmental excellence project
that includes the nature of the facility and the operations that
will be affected, how the facility or operations will achieve
results more effectively or efficiently, and the nature of the
results anticipated; or
(ii) For a programmatic proposal, a comprehensive
description of the proposed environmental excellence project
that identifies the facilities and the operations that are
expected to participate, how participating facilities or operations will achieve environmental results more effectively or
efficiently, the nature of the results anticipated, and the
method to identify and document the commitments made by
individual participants;
(c) An environmental checklist, containing sufficient
information to reasonably inform the public of the nature of
the proposed environmental excellence program agreement
and describing probable significant adverse environmental
impacts and environmental benefits expected from implementation of the proposal;
(d) A draft environmental excellence program agreement;
(e) A description of the stakeholder process as provided
in RCW 43.21K.050;
(f) A preliminary identification of the permit amendments or modifications that may be necessary to implement
the proposed environmental excellence program agreement.
[1997 c 381 § 5.]
[Title 43 RCW—page 165]
43.21K.050
Title 43 RCW: State Government—Executive
43.21K.050
43.21K.050 Stakeholder participation. (1) Stakeholder participation in and support for an environmental
excellence program agreement is vital to the integrity of the
environmental excellence program agreement and helps to
inform the decision whether an environmental excellence
program agreement can be approved.
(2) A proposal for an environmental excellence program
agreement shall include the sponsor's plan to identify and
contact stakeholders, to advise stakeholders of the facts and
nature of the project, and to request stakeholder participation
and review. Stakeholder participation and review shall occur
during the development, consideration, and implementation
stages of the proposed environmental excellence program
agreement. The plan shall include notice to the employees of
the facility to be covered by the proposed environmental
excellence program agreement and public notice in the area
of the covered facility.
(3) The coordinating agency shall extend an invitation to
participate in the development of the proposal to a broad and
representative sector of the public likely to be affected by the
environmental excellence program agreement, including representatives of local community, labor, environmental, and
neighborhood advocacy groups. The coordinating agency
shall select participants to be included in the stakeholder process that are representative of the diverse sectors of the public
that are interested in the agreement. The stakeholder process
shall include the opportunity for discussion and comment at
multiple stages of the process and access to the information
relied upon by the directors in approving the agreement.
(4) The coordinating agency will identify any additional
provisions for the stakeholder process that the director of the
coordinating agency, in the director's sole discretion, considers appropriate to the success of the stakeholder process, and
provide for notice to the United States environmental protection agency or other responsible federal agency of each proposed environmental excellence program agreement that may
affect legal requirements of any program administered by
that agency. [1997 c 381 § 6.]
43.21K.060
43.21K.060 Terms and conditions of agreements. An
environmental excellence program agreement must contain
the following terms and conditions:
(1) An identification of all legal requirements that are
superseded or replaced by the environmental excellence program agreement;
(2) A description of all legal requirements that are
enforceable as provided in RCW 43.21K.110(1) that are different from those legal requirements applicable in the
absence of the environmental excellence program agreement;
(3) A description of the voluntary goals that are or will
be pursued by the sponsor;
(4) A statement describing how the environmental excellence program agreement will achieve the purposes of this
chapter;
(5) A statement describing how the environmental excellence program agreement will be implemented, including a
list of steps and an implementation schedule;
(6) A statement that the proposed environmental excellence program agreement will not increase overall worker
safety risks or cause an unjust or disproportionate and inequi[Title 43 RCW—page 166]
table distribution of environmental risks among diverse economic and cultural communities;
(7) A summary of the stakeholder process that was followed in the development of the environmental excellence
program agreement;
(8) A statement describing how any participating facility
shall measure and demonstrate its compliance with the environmental excellence program agreement including, without
limitation, a description of the methods to be used to monitor
performance, criteria that represent acceptable performance,
and the method of reporting performance to the public and
local communities. The facility's compliance with the agreement must be independently verifiable;
(9) A description of and plan for public participation in
the implementation of the environmental excellence program
agreement and for public access to information needed to
assess the benefits of the environmental excellence program
agreement and the sponsor's compliance with the environmental excellence program agreement;
(10) A schedule of periodic performance review of the
environmental excellence program agreement by the directors that signed the agreement;
(11) Provisions for voluntary and involuntary termination of the agreement;
(12) The duration of the environmental excellence program agreement and provisions for renewal;
(13) Statements approving the environmental excellence
program agreement made by the sponsor and by or on behalf
of directors of each state, regional, or local agency administering legal requirements that are identified according to subsection (1) of this section;
(14) Additional terms as requested by the directors signing the environmental excellence program agreement and
consistent with this chapter;
(15) Draft permits or permit modifications as needed to
implement the environmental excellence program agreement;
(16) With respect to a programmatic environmental
excellence program agreement, a statement of the method
with which to identify and document the specific commitments to be made by individual participants. [1997 c 381 §
7.]
43.21K.070
43.21K.070 Public comment—Notice—Responsiveness summary—Copy to federal agency. (1) The coordinating agency shall provide at least thirty days after notice
has been published in a newspaper under subsection (2) of
this section for public comment on a proposal to enter into or
modify an environmental excellence program agreement.
The coordinating agency may provide for an additional
period of public comment if required by the complexity of the
proposed environmental excellence program agreement and
the degree of public interest. Before the start of the comment
period, the coordinating agency shall prepare a proposed
agreement, a public notice and a fact sheet. The fact sheet
shall: (a) Briefly describe the principal facts and the significant factual, legal, methodological and policy questions considered by the directors signing the agreement, and the directors' proposed decisions; and (b) briefly describe how the
p r o p o s e d a c t io n m e e t s th e r e q u i r e m e n t s o f R C W
43.21K.020.
(2004 Ed.)
Environmental Excellence Program Agreements
(2) The coordinating agency shall publish notice of the
proposed agreement in the Washington State Register and in
a newspaper of general circulation in the vicinity of the facility or facilities covered by the proposed environmental excellence program agreement. The notice shall generally describe
the agreement or modification; the facilities to be covered;
summarize the changes in legal requirements that will result
from the agreement; summarize the reasons for approving the
agreement or modifications; identify an agency person to
contact for additional information; state that the proposed
agreement or modification and fact sheet are available on
request; and state that comments may be submitted to the
agency during the comment period. The coordinating agency
shall order a public informational meeting or a public hearing
to receive oral comments if the written comments during the
comment period demonstrate considerable public interest in
the proposed agreement.
(3) The coordinating agency shall prepare and make
available a responsiveness summary indicating the agencies'
actions taken in response to comments and the reasons for
those actions.
(4) With respect to an environmental excellence program
agreement that affects legal requirements adopted to comply
with provisions of a federal regulatory program, the coordinating agency shall provide a copy of the environmental
excellence program agreement, and a copy of the notice
required by subsection (1) of this section, to the federal
agency that is responsible for administering that program at
least thirty days before entering into or modifying the environmental excellence program agreement, and shall afford
the federal agency the opportunity to object to those terms of
the environmental excellence program agreement or modification of an environmental excellence program agreement
affecting the legal requirements. The coordinating agency
shall provide similar notice to state agencies that have statutory review or appeal responsibilities regarding provisions of
the environmental excellence program agreement. [1997 c
381 § 8.]
43.21K.080 Effect of agreements on legal requirements and permits—Permit revisions—Programmatic
agreements. (1) Notwithstanding any other provision of
law, any legal r eq uirem en t identified un der RCW
43.21K.060(1) shall be superseded or replaced in accordance
with the terms of the environmental excellence program
agreement. Legal requirements contained in a permit that are
affected by an environmental excellence program agreement
will continue to be enforceable until such time as the permit
is revised in accordance with subsection (2) of this section.
With respect to any other legal requirements, the legal
requirements contained in the environmental excellence program agreement are effective as provided by the environmental excellence program agreement, and the facility or facilities covered by an environmental excellence program agreement shall comply with the terms of the environmental
excellence program agreement in lieu of the legal requirements that are superseded and replaced by the approved environmental excellence program agreement.
(2) Any permits affected by an environmental excellence
program agreement shall be revised to conform to the environmental excellence program agreement by the agency with
43.21K.080
(2004 Ed.)
43.21K.090
jurisdiction. The permit revisions will be completed within
one hundred twenty days of the effective date of the agreement in accordance with otherwise applicable procedural
requirements, including, where applicable, public notice and
the opportunity for comment, and the opportunity for review
and objection by federal agencies.
(3) Other than as superseded or replaced as provided in
an approved environmental excellence program agreement,
any existing permit requirements remain in effect and are
enforceable.
(4) A programmatic environmental excellence program
agreement shall become applicable to an individual facility
when all directors entering into the programmatic agreement
approve the owner or operator's commitment to comply with
the agreement. A programmatic agreement may not take
effect, however, until notice and an opportunity to comment
for the individual facility has been provided in accordance
with the requirements of RCW 43.21K.070 (1) through (3).
[1997 c 381 § 9.]
43.21K.090
43.21K.090 Judicial review. (1) A decision by the
directors of state, regional, or local agencies to approve a proposed environmental excellence program agreement, or to
terminate or modify an approved environmental excellence
program agreement, is subject to judicial review in superior
court. For purposes of judicial review, the court may grant
relief from the decision to approve or modify an environmental excellence program agreement only if it determines that
the action: (a) Violates constitutional provisions; (b) exceeds
the statutory authority of the agency; (c) was arbitrary and
capricious; or (d) was taken without compliance with the procedures provided by this chapter. However, the decision of
the director or directors shall be accorded substantial deference by the court. A decision not to enter into or modify an
environmental excellence program agreement and a decision
not to accept a commitment under RCW 43.21K.080(4) to
comply with the terms of a programmatic environmental
excellence [program] agreement are within the sole discretion of the directors of the state, regional, or local agencies
and are not subject to review.
(2) An appeal from a decision to approve or modify a
facility specific or a programmatic environmental excellence
program agreement is not timely unless filed with the superior court and served on the parties to the environmental
excellence program agreement within thirty days of the date
on which the agreement or modification is signed by the
director. For an environmental excellence program agreement or modification signed by more than one director, there
is only one appeal, and the time for appeal shall run from the
last date on which the agreement or modification is signed by
a director.
(3) A decision to accept the commitment of a specific
facility to comply with the terms of a programmatic environmental excellence program agreement, or to modify the
application of an agreement to a specific facility, is subject to
judicial review as described in subsection (1) of this section.
An appeal is not timely unless filed with the superior court
and served on the directors signing the agreement, the sponsor, and the owner or operator of the specific facility within
thirty days of the date the director or directors that signed the
programmatic agreement approve the owner or operator's
[Title 43 RCW—page 167]
43.21K.100
Title 43 RCW: State Government—Executive
commitment to comply with the agreement. For a programmatic environmental excellence program agreement or modification signed by more than one director, there shall be only
one appeal and the time for appeal shall run from the last date
on which a director approves the commitment.
(4) The issuance of permits and permit modifications is
subject to review under otherwise applicable law.
(5) An appeal of a decision by a director under *section
11 of this act to terminate in whole or in part a facility specific or programmatic environmental excellence program
agreement is not timely unless filed with the superior court
and served on the director within thirty days of the date on
which notice of the termination is issued under *section 11(2)
of this act. [1997 c 381 § 10.]
*Reviser's note: Section 11 of this act was vetoed by the governor.
43.21K.100
43.21K.100 Continued effect of agreements and permits—Modification of affected permit or approval. After
a termination under *section 11 of this act is final and no
longer subject to judicial review, the sponsor has sixty days
in which to apply for any permit or approval affected by any
terminated portion of the environmental excellence program
agreement. An application filed during the sixty-day period
shall be deemed a timely application for renewal of a permit
under the terms of any applicable law. Except as provided in
*section 11(4) of this act, the terms and conditions of the
environmental excellence program agreement and of permits
issued will continue in effect until a final permit or approval
is issued. If the sponsor fails to submit a timely or complete
application, any affected permit or approval may be modified
at any time that is consistent with applicable law. [1997 c
381 § 12.]
*Reviser's note: Section 11 of this act was vetoed by the governor.
43.21K.110
43.21K.110 Enforceable and voluntary commitments—Enforcement actions. (1) The legal requirements
contained in the environmental excellence program agreement in accordance with RCW 43.21K.060(2) are enforceable commitments of the facility covered by the agreement.
Any violation of these legal requirements is subject to penalties and remedies to the same extent as the legal requirements
that they superseded or replaced.
(2) The voluntary goals stated in the environmental
excellence program agreement in accordance with RCW
43.21K.060(3) are voluntary commitments of the facility
covered by the agreement. If the facility fails to meet these
goals, it shall not be subject to any form of enforcement
action, including penalties, orders, or any form of injunctive
relief. The failure to make substantial progress in meeting
these goals may be a basis on which to terminate the environmental excellence program agreement under *section 11 of
this act.
(3) Nothing in this chapter limits the authority of an
agency, the attorney general, or a prosecuting attorney to initiate an enforcement action for violation of any applicable
legal requirement. However, no civil, criminal, or administrative action may be brought with respect to any legal requirement that is superseded or replaced under the terms of an
environmental excellence program agreement.
[Title 43 RCW—page 168]
(4) This chapter does not create any new authority for
citizen suits, and does not alter or amend other statutory provisions authorizing citizen suits. [1997 c 381 § 13.]
*Reviser's note: Section 11 of this act was vetoed by the governor.
43.21K.120
43.21K.120 Reduced fee schedule. An environmental
excellence program agreement may contain a reduced fee
schedule with respect to a program applicable to the covered
facility or facilities. [1997 c 381 § 14.]
43.21K.130
43.21K.130 Rule-making authority. Any state,
regional, or local agency administering programs under an
environmental law may adopt rules or ordinances to implement this chapter. However, it is not necessary that an agency
adopt rules or ordinances in order to consider or enter into
environmental excellence program agreements. [1997 c 381
§ 16.]
43.21K.140
43.21K.140 Advisory committee. The director of the
department of ecology shall appoint an advisory committee
to review the effectiveness of the environmental excellence
program agreement program and to make a recommendation
to the legislature concerning the continuation, termination, or
modification of the program. The committee also may make
recommendations it considers appropriate for revision of any
regulatory program that is affected by an environmental
excellence program agreement. The committee shall be composed of one representative each from two state agencies, two
representatives of the regulated community, and two representatives of environmental organizations or other public
interest groups. The committee must submit a report and its
recommendation to the legislature not later than October 31,
2001. The department of ecology shall provide the advisory
committee with such support as they may require. [1997 c
381 § 17.]
43.21K.150
43.21K.150 Costs of processing proposals—Fees—
Voluntary contributions. (1) Agencies authorized to enter
into environmental excellence program agreements may
assess and collect a fee to recover the costs of processing
environmental excellence program agreement proposals. The
amount of the fee may not exceed the direct and indirect costs
of processing the environmental excellence program agreement proposal. Processing includes, but is not limited to:
Working with the sponsor to develop the agreement, meeting
with stakeholder groups, conducting public meetings and
hearings, preparing a record of the decision to enter into or
modify an agreement, and defending any appeal from a decision to enter into or modify an agreement. Fees also may
include, to the extent specified by the agreement, the agencies' direct costs of monitoring compliance with those specific terms of an agreement not covered by permits issued to
the participating facility.
(2) Agencies assessing fees may graduate the initial fees
for processing an environmental excellence program agreement proposal to account for the size of the sponsor and to
make the environmental excellence program agreement program more available to small businesses. An agency may
exercise its discretion to waive all or any part of the fees.
(2004 Ed.)
Economic Development Projects—Appeals and Reviews of Permit Decisions
(3) Sponsors may voluntarily contribute funds to the
administration of an agency's environmental excellence program agreement program. [1997 c 381 § 18.]
43.21K.160
43.21K.160 Termination of authority to enter into
agreements. The authority of a director to enter into a new
environmental excellence program agreement program shall
be terminated June 30, 2002. Environmental excellence program agreements entered into before June 30, 2002, shall
remain in force and effect subject to the provisions of this
chapter. [1997 c 381 § 19.]
43.21K.170
43.21K.170 Environmental excellence account. The
environmental excellence account is hereby created in the
state treasury. All fees and voluntary contributions collected
by state agencies under RCW 43.21K.150 shall be deposited
into the account. Moneys in the account may be spent only
after appropriation. Expenditures from the account may be
used only for purposes consistent with the environmental
excellence program created under this chapter. Moneys in the
account may be appropriated to each agency in an amount
equal to the amount each agency collects and deposits into
the account. [1997 c 381 § 32.]
Chapter 43.21L RCW
ECONOMIC DEVELOPMENT PROJECTS—
APPEALS AND REVIEWS OF PERMIT DECISIONS
Chapter 43.21L
Sections
43.21L.005
43.21L.010
43.21L.020
43.21L.030
43.21L.040
43.21L.050
43.21L.060
43.21L.070
43.21L.080
43.21L.090
43.21L.100
43.21L.110
43.21L.120
43.21L.130
43.21L.140
43.21L.900
43.21L.901
43.21L.005
Purpose.
Definitions.
Exclusive review process—Exception—Procedural rules.
Designation as qualifying project—Request for determination—Duties of office of permit assistance.
Environmental and land use hearings board.
Review proceedings—Commencement—Rules for filing and
service.
Standing.
Petition requirements.
Affidavit certifying applications for permits—Initial hearing
on jurisdictional and preliminary matters.
Expedited review of petitions.
Stay or suspension of board action.
Decision record—Certified copy to board—Costs.
Board review of permit decisions—Correction of errors and
omissions—Pretrial discovery—Requests for records under
chapter 42.17 RCW.
Standards for granting relief—Action by board.
Judicial review.
Implementation—2003 c 393.
Effective date—2003 c 393.
43.21L.005 Purpose. The purpose of this chapter is to
reform the process of appeal and review of final permit decisions made by state agencies and local governments for qualifying economic development projects, by establishing uniform, expedited, and coordinated appeal procedures and uniform criteria for reviewing such decisions, in order to provide
consistent, predictable, and timely review. The appeal process authorized in this chapter is intended to be the exclusive
process for review of final decisions made by state agencies
and local governments on permit applications for qualifying
economic development projects, superseding other existing
administrative board and judicial appeal procedures. [2003 c
393 § 1.]
(2004 Ed.)
43.21L.020
43.21L.010
43.21L.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board" means the environmental and land use hearings board established in this chapter.
(2) "Final decision" means the highest and last decision
available within the permit agency with respect to a permit
application to the agency, including but not limited to decisions resulting from internal appeals available within the
agency for the permit decision.
(3) "Participating permit agency" means any permit
agency in which the applicant for a qualifying project has
filed an application for an environmental or land use permit
that is required for the qualifying project.
(4) "Permit" means any license, permit, certificate, certification, approval, compliance schedule, or other similar document pertaining to any regulatory or management program
related to the protection, conservation, use of, or interference
with the land, air, or water in the state. This document must
be required to be obtained from a state agency or local government, including but not limited to counties, cities, and air
agencies, prior to constructing or operating a qualifying
project. Local government permits include, but are not limited to, subdivisions, binding site plans, planned unit developments, shoreline permits or other approvals under RCW
90.58.140, master plan approvals, site plan approvals, permits or approvals required by critical area ordinances, conditional use permits, variances, and site-specific rezones authorized by a comprehensive plan or subarea plan or other equivalent documents however titled or denominated. Local
government permits excluded under this definition include
the adoption or amendment of a comprehensive plan, subarea
plan, legislative actions on development regulations, certifications by local health districts of water and sewer availability, and building, grading, flood hazard, utility connection,
and other nondiscretionary construction permits.
(5) "Permit agency" means any state agency or local
government, including but not limited to air agencies, authorized by law to issue permits.
(6) "Qualifying project" means an economic development project that is (a) located within a county that in its
entirety qualifies as a distressed area as defined in RCW
43.168.020(3) and a rural natural resources impact area as
defined in RCW 43.160.020, (b) designed to provide at least
thirty full-time year-round jobs, and (c) designated as a qualifying project by the office of permit assistance established
under chapter 43.42 RCW if a request for a determination of
such designation is made to the office by the project applicant
as provided under this chapter. [2003 c 393 § 2.]
43.21L.020
43.21L.020 Exclusive review process—Exception—
Procedural rules. The appeal process authorized in this
chapter shall, notwithstanding any other provisions of this
code, be the exclusive process for review of the decisions
made by participating permit agencies on permit applications
for a qualifying project. This chapter shall not apply to applications for certification by the energy facility site evaluation
council pursuant to chapter 80.50 RCW. The superior court
civil rules and the rules of appellate procedure shall govern
procedural matters for the judicial appeal process under this
[Title 43 RCW—page 169]
43.21L.030
Title 43 RCW: State Government—Executive
chapter to the extent that the rules are consistent with this
chapter. [2003 c 393 § 3.]
43.21L.030
43.21L.030 Designation as qualifying project—
Request for determination—Duties of office of permit
assistance. (1) Any applicant for a project that meets the criteria set forth in RCW 43.21L.010(6) (a) and (b) may use the
process of appeal and review of this chapter by filing with the
office of permit assistance a request for a determination of
designation as a qualifying project as required in RCW
43.21L.010(6)(c). Such request shall be filed with the office
no later than thirty days after the filing with a permit agency
of the first application for a permit relating to the subject
project that is filed after May 20, 2003. No requests may be
filed with the office of permit assistance after December 31,
2010. The request shall include a list of permits that the
project applicant reasonably believes will be required for the
subject project.
(2) The office of permit assistance shall: (a) Respond to
such request within thirty days after the filing of the request;
and (b) if the office determines to designate the project as a
qualifying project under RCW 43.21L.010(6)(c), contemporaneously provide a copy of the designation response to all
permit agencies responsible for the project permits listed in
the request. The office of permit assistance shall provide
notice of any project designation to the code reviser for publication in the state register and to any persons that have filed
with the office of permit assistance a general request for such
notice. Nothing in this section creates an independent cause
of action or affects any existing cause of action.
(3) All final decisions of a permit agency notified under
subsection (2) of this section shall include the following sentence: Any appeal of this decision shall be in accordance
with the provisions of this chapter. [2003 c 393 § 4.]
43.21L.040
43.21L.040 Environmental and land use hearings
board. (1) An environmental and land use hearings board is
hereby established within the environmental hearings office
created under RCW 43.21B.005. The environmental and
land use hearings board shall be composed of six members,
as provided in RCW 90.58.170. The chairperson of the pollution control hearings board shall be the chairperson of the
environmental and land use hearings board. The members of
the environmental and land use hearings board shall receive
the compensation, travel, and subsistence expenses as provided in RCW 43.03.050 and 43.03.060.
(2) All proceedings before the board or any of its members shall be conducted in accordance with such rules of practice and procedure as the board may adopt. In all such proceedings, the board shall have all powers relating to the
administration of oaths, issuance of subpoenas, and taking of
depositions as set forth in RCW 34.05.446. The board shall
publish any such rules and arrange for the reasonable distribution thereof. Failure to adopt such rules shall not deprive
the board of jurisdiction nor relieve the board of the duty to
hear petitions for review filed under this chapter. [2003 c 393
§ 5.]
43.21L.050
43.21L.050 Review proceedings—Commencement—
Rules for filing and service. (1) Proceedings for review
[Title 43 RCW—page 170]
under this chapter shall be commenced by filing a petition
with the environmental and land use hearings board. The
board may adopt by rule procedures for filing and service that
are consistent with this chapter.
(2) Such petition is barred, and the board may not grant
review, unless the petition is timely filed with the board and
timely served on the following persons who shall be parties to
the review of the petition:
(a) The participating permit agencies, which for purposes of the petition shall be (i) if a state agency, the director
thereof, and (ii) if a local government, the jurisdiction's corporate entity which shall be served as provided in RCW
4.28.080; and
(b) Each of the following persons if the person is not the
petitioner:
(i) Each person identified by name and address as applicant in the application to the participating permit agencies;
(ii) Each person identified in project application documents as an owner of the property at issue or, if none, each
person identified as a taxpayer for the property at issue in the
records of the county assessor.
(3) The petition is timely if it is filed and served on all
parties listed in subsection (2) of this section within twentyone days of the issuance by the permit agency of the permit
for the qualifying project.
(4) For the purposes of this section, the date on which a
permit decision is issued is:
(a) Three days after a written decision is mailed by the
permit agency to the project applicant or, if not mailed, the
date on which the permit agency provides notice that a written decision is publicly available; or
(b) If (a) of this subsection does not apply, the date the
decision is entered into the public record.
(5) Service on all parties shall be by personal service or
by mail. Service by mail is effective on the date of mailing.
Proof of service shall be by affidavit or declaration under
penalty of perjury. [2003 c 393 § 6.]
43.21L.060
43.21L.060 Standing. Standing to bring a petition
under this chapter is limited to the following persons:
(1) The applicant and the owner of the property to which
the permit decision is directed;
(2) Another person aggrieved or adversely affected by
the permit decision, or who would be aggrieved or adversely
affected by a reversal or modification of the permit decision.
A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions
are present:
(a) The permit decision has prejudiced or is likely to
prejudice that person;
(b) That person's asserted interests are among those that
the permit agency was required to consider when it made its
permit decision;
(c) A decision of the board in favor of that person would
substantially eliminate or redress the prejudice to that person
caused or likely to be caused by the permit decision; and
(d) The petitioner has exhausted his or her administrative
remedies to the extent required by law;
(3) A participating permit agency under this chapter.
[2003 c 393 § 7.]
(2004 Ed.)
Economic Development Projects—Appeals and Reviews of Permit Decisions
43.21L.070 Petition requirements. A petition must set
forth:
(1) The name and mailing address of the petitioner;
(2) The name and mailing address of the petitioner's
attorney, if any;
(3) The name and mailing address of the permit agency
whose permit is at issue, if any;
(4) A duplicate copy of the permit decision;
(5) Identification of each person to be made a party
under this chapter;
(6) Facts demonstrating that the petitioner has standing
to seek board review under this chapter;
(7) A separate and concise statement of each error
alleged to have been committed;
(8) A concise statement of facts upon which the petitioner relies to sustain the statement of error; and
(9) A request for relief, specifying the type and extent of
relief requested. [2003 c 393 § 8.]
43.21L.070
43.21L.080 Affidavit certifying applications for permits—Initial hearing on jurisdictional and preliminary
matters. (1) Within seven days after receipt of service of the
petition filed pursuant to RCW 43.21L.050, the project applicant shall file with the board and serve on all parties an affidavit certifying all applications for permits that the project
applicant has filed with participating permit agencies for the
qualifying project, provided, however, that no permit may be
included that has been issued and appealed to an administrative hearings board or to court prior to the date of service of
the petition filed with the board under this chapter. The board
shall request verification from the participating agencies of
the permit applications certified in the project applicant's affidavit and of the expected date for final decision on the permit
applications. Filing of the affidavit shall toll the schedule for
hearing by the board until twenty-one days after issuance of
the final permit decision on the last permit required for the
qualifying project that has been certified in the project applicant's affidavit and verified by a participating agency as
applied for, unless the petition filed and served by the petitioner relates to the final permit decision.
(2) Within seven days after the expiration of the appeal
period for the final permit decision on the last permit required
for the qualifying project, the petitioner shall note an initial
hearing on jurisdictional and other preliminary matters, and,
if applicable, on other pretrial matters. This initial hearing
shall be set no sooner than thirty-five days and not later than
fifty days after the expiration of the appeal period for the final
permit decision on the last permit required for the qualifying
project.
(3) If petitions for review of more than one permit issued
by participating permit agencies for a qualifying project are
filed with the board, the board shall contemporaneously process all such petitions in accordance with the case schedule
requirements set forth in chapter 393, Laws of 2003.
(4) The parties shall note all motions on jurisdictional
and procedural issues for resolution at the initial hearing,
except that a motion to allow discovery may be brought
sooner.
(5) The defenses of lack of standing, untimely filing or
service of the petition, lack of good faith or improper purpose
in filing, and failure to join persons needed for just adjudica43.21L.080
(2004 Ed.)
43.21L.110
tion are waived if not raised by timely motion noted to be
heard at the initial hearing, unless the board allows discovery
on such issues.
(6) The petitioner shall move the board for an order at the
initial hearing that sets the date on which the permit decision
record or records of the applicable permit agency or agencies,
if any, must be submitted, sets a briefing schedule, sets a discovery schedule if discovery is to be allowed, and schedules
a hearing or hearings on the merits.
(7) The parties may waive the initial hearing by scheduling with the board a date for the hearing or hearings on the
merits and filing a stipulated order that resolves the jurisdictional and procedural issues raised by the petition, including
the issues identified in subsections (5) and (6) of this section.
(8) A party need not file an answer to a petition for
review filed pursuant to RCW 43.21L.050. [2003 c 393 § 9.]
43.21L.090
43.21L.090 Expedited review of petitions. The board
shall provide expedited review of petitions filed under this
chapter. Any matter reviewed on the decision record as provided in RCW 43.21L.120(1) must be set for hearing within
sixty days of the date set for submitting the decision record of
all participating permit agencies, absent a showing of good
cause for a different date or a stipulation of the parties. Any
matter reviewed de novo as provided in RCW 43.21L.120(3)
must be set for hearing or trial no later than one hundred
twenty days after the initial hearing date. The board shall
issue a final decision and order within thirty days after the
final hearing required in this section. [2003 c 393 § 10.]
43.21L.100
43.21L.100 Stay or suspension of board action. (1) A
petitioner or other party may request the board to stay or suspend an action by a participating permit agency or another
party to implement the decision under review. The request
must set forth a statement of grounds for the stay and the factual basis for the request.
(2) The board may grant a stay only if the board finds
that: (a) The party requesting the stay is likely to prevail on
the merits, (b) without the stay the party requesting it will suffer irreparable harm, (c) the grant of a stay will not substantially harm other parties to the proceedings, and (d) the
request for the stay is timely in light of the circumstances of
the case.
(3) The board may grant the request for a stay upon such
terms and conditions, including the filing of security, as are
necessary to prevent harm to other parties by the stay. [2003
c 393 § 11.]
43.21L.110
43.21L.110 Decision record—Certified copy to
board—Costs. (1) Within forty-five days after entry of an
order to submit the decision record, where applicable, or
within such a further time as the board allows or as the parties
agree, each participating agency shall submit to the board a
certified copy of the decision record for board review of the
permit decision, except that the petitioner shall prepare at the
petitioner's expense and submit a verbatim transcript of any
hearings held on the matter.
(2) If the parties agree, or upon order of the board, the
record shall be shortened or summarized to avoid reproduction and transcription of portions of the record that are dupli[Title 43 RCW—page 171]
43.21L.120
Title 43 RCW: State Government—Executive
cative or not relevant to the issues to be reviewed by the
board.
(3) The petitioner shall pay the participating agency the
cost of preparing the record before the participating agency
submits the decision record to the board. Failure by the petitioner to timely pay the participating agency relieves the participating agency of responsibility to submit the record and is
grounds for dismissal of the petition.
(4) If the relief sought by the petitioner is granted in
whole or in part the board shall equitably assess the cost of
preparing the record among the parties. In assessing costs the
board shall take into account the extent to which each party
prevailed and the reasonableness of the parties' conduct in
agreeing or not agreeing to shorten or summarize the record
under subsection (2) of this section. [2003 c 393 § 12.]
43.21L.120 Board review of permit decisions—Correction of errors and omissions—Pretrial discovery—
Requests for records under chapter 42.17 RCW. (1) For
all permit decisions being reviewed that were made by quasijudicial bodies or permit agency officers who made factual
determinations in support of the decisions, after the conduct
of proceedings in which the parties had an opportunity consistent with due process to make records on the factual issues,
board review of factual issues and the conclusions drawn
from the factual issues shall be confined to the records created by the quasi-judicial bodies or permit agency officers,
except as provided in subsections (2) through (4) of this section.
(2) For decisions described in subsection (1) of this section, the records may be supplemented by additional evidence
only if the additional evidence relates to:
(a) Grounds for disqualification of a member of the body
or of the officer that made the permit decision, when such
grounds were unknown by the petitioner at the time the
record was created;
(b) Matters that were improperly excluded from the
record after being offered by a party to a permit decision proceeding; or
(c) Matters that were outside the jurisdiction of the body
or officer that made the permit decision.
(3) For permit decisions other than those described in
subsection (1) of this section, the board review of the permit
decision shall be de novo on issues presented as error in the
petition.
(4) The board may require or permit corrections of ministerial errors or inadvertent omissions in the preparation of
the record.
(5)(a) The parties may not conduct pretrial discovery
except with the prior permission of the board, which may be
sought by motion, subject to any applicable rules adopted by
the board, at any time after service of the petition. The board
shall not grant permission unless the party requesting it
makes a prima facie showing of need. The board shall strictly
limit discovery to what is necessary for equitable and timely
review of the issues.
(b) If the board allows the record to be supplemented, or
in any de novo proceeding under subsection (3) of this section, the board shall require the parties to disclose before the
hearing or trial on the merits the identity of witnesses and the
specific evidence they intend to offer.
43.21L.120
[Title 43 RCW—page 172]
(c) If any party, or anyone acting on behalf of any party,
requests records under chapter 42.17 RCW relating to the
matters at issue, a copy of the request shall simultaneously be
given to all other parties, and the board shall take such
request into account in fashioning an equitable discovery
order under this section. [2003 c 393 § 13.]
43.21L.130
43.21L.130 Standards for granting relief—Action by
board. (1) The board shall review the decision record and all
such evidence as is permitted to supplement the record for
review restricted to the decision record or is required for de
novo review under RCW 43.21L.120. The board may grant
relief only if the party seeking relief has carried the burden of
establishing that one of the standards set forth in (a) through
(f) of this subsection has been met. The standards are:
(a) The body or officer that made the permit decision
engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless;
(b) The permit decision is an erroneous interpretation of
the law, after allowing for such deference as is due the construction of a law by an agency with expertise;
(c) The permit decision is not supported by evidence that
is substantial when viewed in light of the whole record before
the board;
(d) The permit decision is a clearly erroneous application
of the law to the facts;
(e) The permit decision is outside the authority or jurisdiction of the body or officer making the decision; or
(f) The permit decision violates the constitutional rights
of the party seeking relief.
(2) The board may affirm or reverse each and every permit decision under review or remand the decision for modification or further proceedings involving the permit agencies.
[2003 c 393 § 14.]
43.21L.140
43.21L.140 Judicial review. (1) In order to obtain judicial review of a final decision of the environmental and land
use hearings board, a party to the board case as consolidated
shall timely file a petition for judicial review in the superior
court for Thurston county and timely serve the board and all
parties to the proceedings before the board by personal service or by mail. Such petition is timely filed and served only
if it is filed and served on all parties within thirty days after
the filing of the final decision and order of the board. Service
by mail shall be deemed effective on the date of deposit with
the United States postal service. Any party may apply for
direct review by the court of appeals. An application for
direct review must be filed with the superior court within ten
days after the filing of the petition for judicial review. In considering an application for direct review under this chapter, it
shall be presumed that: (a) The qualifying project presents
fundamental and urgent issues affecting the public interest
which require a prompt determination, and (b) delay in
obtaining a final and prompt determination of such issues
would be detrimental to a party and the public interest.
(2) The presumption set forth in subsection (1) of this
section shall require that the superior court certify the direct
review not less than ten days, and not more than fifteen days,
after the filing of the application therefore, unless, upon
motion of a party with supporting excerpts from the record
(2004 Ed.)
Department of Labor and Industries
within ten days after the filing of such application, the superior court finds that: (a) The project is not a qualifying
project, or (b) the project will not in fact provide new
employment within the county in which the project is located.
The court may make such findings upon a showing that said
record contains clear, cogent, and convincing evidence to
support such findings, which evidence has been testified to
by at least one witness competent to testify on employment
matters.
(3) A motion as set forth in subsection (2) of this section
shall be heard within fourteen days after the filing of the
motion and shall be confined to certified excerpts from the
record, which any party may produce. It shall not be necessary to certify the entire record to the court for the purpose of
hearing such motion.
(4) The court of appeals shall accept direct review of a
case unless it finds that the superior court's certification under
the standards contained in this section was clearly erroneous.
Review by the court of appeals shall be restricted to the decision record of the permit agency and the board proceedings.
All certified appeals shall be provided priority processing by
the court of appeals. [2003 c 393 § 15.]
43.22.355
43.22.360
43.22.370
43.22.380
43.22.390
43.22.400
43.22.410
43.22.420
43.22.430
43.22.431
43.22.432
43.22.433
43.22.434
43.22.435
43.22.436
43.21L.900
43.21L.900 Implementation—2003 c 393. The legislature does not intend to appropriate additional funds for the
implementation of this act and expects all affected state agencies to implement this act's provisions within existing appropriations. [2003 c 393 § 24.]
43.22.440
43.22.442
43.22.445
43.22.450
43.21L.901
43.21L.901 Effective date—2003 c 393. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[May 20, 2003]. [2003 c 393 § 25.]
43.22.455
43.22.460
43.22.465
Chapter 43.22 RCW
DEPARTMENT OF LABOR AND INDUSTRIES
Chapter 43.22
Sections
43.22.005
43.22.010
43.22.020
43.22.030
43.22.040
43.22.050
43.22.051
43.22.053
43.22.260
43.22.270
43.22.282
43.22.290
43.22.300
43.22.310
43.22.330
43.22.331
43.22.335
43.22.340
43.22.350
(2004 Ed.)
43.22.470
43.22.480
Deputy directors.
Divisions of department—Personnel.
Supervisor of industrial insurance—Appointment—Authority—Personnel.
Powers and duties.
Supervisor of industrial safety and health—Appointment—
Authority—Personnel.
Powers and duties.
Rule making restricted.
Supervisor of building and construction safety inspection services—Appointment—Authority—Personnel.
Supervisor of industrial relations—Appointment—Authority—Personnel.
Powers and duties.
Industrial welfare committee abolished—Transfer of powers,
duties, and functions.
Reports by employers.
Compelling attendance of witnesses and testimony—Penalty.
Access to plants—Penalty for refusal.
Annual report.
Annual report on workers' compensation fraud.
Manufactured homes, mobile homes, recreational vehicles—
Definitions.
Manufactured homes, mobile homes, recreational vehicles—
Safety rules—Compliance—Penalty.
Mobile homes, recreational or commercial vehicles—Compliance insignia—Fee schedule—Out-of-state sales.
43.22.485
43.22.490
43.22.495
43.22.500
43.22.505
43.22.550
Chapter 43.22
Mobile homes, recreational or commercial vehicles—Self-certification for recreational vehicles and park trailers—Procedures—Performance audit of quality control programs.
Mobile homes, recreational or commercial vehicles—Plans
and specifications—Approval—Alterations—Rules.
Mobile homes, recreational or commercial vehicles—Leased,
sold, or manufactured in state prior to July 1, 1968—Compliance not required—Exception.
Mobile homes, recreational or commercial vehicles—Manufactured for use outside state—Compliance not required—
Exception.
Mobile homes, recreational or commercial vehicles—Insigne
of approval, when required.
Mobile homes, recreational or commercial vehicles—Meeting
standards of other states at least equal to this state.
Mobile homes, recreational or commercial vehicles—Meeting
requirements of chapter deemed compliance with county or
city ordinances.
Factory assembled structures advisory board.
RCW 43.22.340 and 43.22.350 through 43.22.420 not to apply
to common carrier equipment.
Manufactured home safety and construction standards—
Enforcement by director of labor and industries authorized.
Manufactured home construction and safety standards and regulations—Rules.
Violations—Penalties.
Inspections and investigations necessary to adopt or enforce
rules—Director's duties—Fees.
Altering a mobile or manufactured home—Permit—Penalties—Appeals—Notice of correction.
Mobile and manufactured home installations—Exemptions
and variances from permitting requirements and alteration
rules—Conditional sales of altered mobile and manufactured
homes.
Manufactured and mobile home installation service and warranty service standards—Enforcement.
Warranty service—Timely compensation for work performed.
Mobile homes—Warranties and inspections—Advertising of
dimensions.
Factory built housing and commercial structures, regulating
installation of—Definitions.
Factory built housing and commercial structures, regulating
installation of—Housing must be approved, have department
insignia—Significance of insignia—Modification of housing during installation must be approved.
Factory built housing and commercial structures, regulating
installation of—Certain requirements reserved to local jurisdictions.
Factory built housing and commercial structures, regulating
installation of—Injunctive process, procedure.
Factory built housing and commercial structures, regulating
installation of—Delegation of inspection duty to local
agency.
Factory built housing and commercial structures, installation—Rules—Enforcement—Standards—Fees.
Factory built housing and commercial structures, regulating
installation of—Recognizing out-of-state standards, enforcement, as department approved.
Factory built housing and commercial structures, regulating
installation of—Violation as misdemeanor—Penalty.
Manufactured housing—Department of community, trade, and
economic development duties.
Printing and distribution of publications—Fees.
Printing and distribution of publications—Authorized subject
matters.
Contract to issue conditional federal employer identification
numbers, credentials, and documents in conjunction with
license applications.
Apprenticeship council: RCW 49.04.010, 49.04.030.
Boiler inspections: Chapter 70.79 RCW.
Department created: RCW 43.17.010.
Director
appointment: RCW 43.17.020.
board of pilotage commissioners, ex officio chairman: RCW 88.16.010.
chief assistants: RCW 43.17.040.
oath: RCW 43.17.030.
powers and duties: RCW 43.17.030.
vacancy: RCW 43.17.020, 43.17.040.
Displaced homemaker act, departmental participation: RCW 28B.04.080.
[Title 43 RCW—page 173]
43.22.005
Title 43 RCW: State Government—Executive
Electrical apparatus use and construction rules, change of, enforcement:
RCW 19.29.040.
Electrical installations
adoption of standards: RCW 19.28.031.
electrical inspectors: RCW 19.28.321.
enforcement duties: RCW 19.28.321.
inspections: RCW 19.28.101.
Explosives, duties: Chapter 70.74 RCW.
Farm labor contractors, duties: Chapter 19.30 RCW.
Industrial deaths, autopsies and post-mortems: RCW 68.50.103 through
68.50.105.
Industrial safety and health standards: Chapter 49.17 RCW.
Labor disputes, arbitration: Chapter 49.08 RCW.
Occupational forecast—Agency consultation: RCW 50.38.030.
Office located at state capital: RCW 43.17.050.
Prevailing wages on public works—Director of labor and industries to arbitrate disputes: RCW 39.12.060.
Public employees collective bargaining, powers and duties: Chapter 41.56
RCW.
Rules and regulations: RCW 43.17.060.
Seasonal laborers: Chapter 49.40 RCW.
State building code: Chapter 19.27 RCW.
Underground work: Chapter 49.24 RCW.
Victims of crimes, compensation, duties of department: Chapter 7.68 RCW.
Wage collection: Chapter 49.48 RCW.
Wages, minimum: Chapter 49.46 RCW.
43.22.005
43.22.005 Deputy directors. The director of labor and
industries may appoint and deputize two assistant directors to
be known as deputy directors. The director shall designate
one deputy director who, in case a vacancy occurs in the
office of director, shall continue in charge of the department
until a director is appointed and qualified, or the governor
appoints an acting director. [1985 c 325 § 1; 1969 ex.s. c 32
§ 2.]
43.22.010
43.22.010 Divisions of department—Personnel. The
department of labor and industries shall be organized into
divisions that promote efficient and effective performance of
the duties the agency is charged by statute to administer.
The director may appoint such clerical and other assistants as may be necessary for the general administration of
the department. [1994 c 164 § 2; 1974 ex.s. c 27 § 1. Prior:
1973 1st ex.s. c 153 § 8; 1973 1st ex.s. c 52 § 2; 1971 c 66 §
2; 1969 ex.s. c 32 § 1; 1965 c 8 § 43.22.010; prior: (i) 1927 c
306 § 1, part; 1917 c 36 § 2, part; RRS § 8637, part. (ii) 1921
c 7 § 74; RRS § 10832.]
Effective date—1973 1st ex.s. c 52: "This 1973 amendatory act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing public institutions, and
shall take effect on July 1, 1973." [1973 1st ex.s. c 52 § 12.]
43.22.020
43.22.020 Supervisor of industrial insurance—
Appointment—Authority—Personnel. The director of
labor and industries shall appoint and deputize an assistant, to
be known as the supervisor of industrial insurance, who shall
have authority to perform those duties delegated by the director and by statute.
The director may appoint and employ such adjusters,
medical and other examiners, auditors, inspectors, clerks, and
other assistants as may be necessary to the administration of
[Title 43 RCW—page 174]
workers' compensation and medical aid in this state. [1994 c
164 § 3; 1965 c 8 § 43.22.020. Prior: 1921 c 7 § 75; RRS §
10833.]
Industrial insurance: Title 51 RCW.
43.22.030
43.22.030 Powers and duties. The director of labor and
industries shall:
(1) Exercise all the powers and perform all the duties
prescribed by law with respect to the administration of workers' compensation and medical aid in this state;
(2) Have the custody of all property acquired by the state
at execution sales upon judgments obtained for delinquent
industrial insurance premiums or medical aid contributions,
and penalties and costs; sell and dispose of the same at private sales for the sale purchase price, and pay the proceeds
into the state treasury to the credit of the accident fund, or
medical aid fund, as the case may be. In case of the sale of
real estate the director shall execute the deed in the name of
the state. [1994 c 164 § 4; 1987 c 185 § 16; 1965 c 8 §
43.22.030. Prior: 1921 c 7 § 78, part; RRS § 10836, part.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Workers' compensation: Title 51 RCW.
43.22.040
43.22.040 Supervisor of industrial safety and
health—Appointment—Authority—Personnel. The
director of labor and industries shall appoint and deputize an
assistant, to be known as the supervisor of industrial safety
and health, who shall have authority to perform those duties
delegated by the director and by statute.
The director may appoint and employ such inspectors,
clerks, and other assistants as may be necessary to carry on
the industrial safety and health work of the department.
[1994 c 164 § 5; 1973 1st ex.s. c 52 § 3; 1965 c 8 § 43.22.040.
Prior: 1921 c 7 § 76; RRS § 10834.]
Effective date—1973 1st ex.s. c 52: See note following RCW
43.22.010.
Administrative expenses: RCW 51.16.105.
43.22.050
43.22.050 Powers and duties. The director of labor and
industries shall:
(1) Exercise all the powers and perform all the duties
prescribed by law in relation to the inspection of factories,
mills, workshops, storehouses, warerooms, stores and buildings, and the machinery and apparatus therein contained, and
steam vessels, and other vessels operated by machinery, and
in relation to the administration and enforcement of all laws
and safety standards providing for the protection of employees in mills, factories, workshops, and in employments subject to the provisions of Title 51 RCW, and in relation to the
enforcement, inspection, certification, and promulgation of
safe places and safety device standards in all industries:
PROVIDED, HOWEVER, This section shall not apply to
railroads;
(2) Exercise all the powers and perform all the duties
prescribed by law in relation to the inspection of tracks,
bridges, structures, machinery, equipment, and apparatus of
street railways, gas plants, electrical plants, water systems,
telephone lines, telegraph lines, and other public utilities,
with respect to the safety of employees, and the administra(2004 Ed.)
Department of Labor and Industries
tion and enforcement of all laws providing for the protection
of employees of street railways, gas plants, electrical plants,
water systems, telephone lines, telegraph lines, and other
public utilities;
(3) Exercise all the powers and perform all the duties
prescribed by law in relation to the enforcement, amendment,
alteration, change, and making additions to, rules and regulations concerning the operation, placing, erection, maintenance, and use of electrical apparatus, and the construction
thereof. [1994 c 164 § 6; 1973 1st ex.s. c 52 § 4; 1971 ex.s. c
239 § 9; 1965 c 8 § 43.22.050. Prior: 1955 c 173 § 1; 1921 c
7 § 80; RRS § 10838.]
Effective date—1973 1st ex.s. c 52: See note following RCW
43.22.010.
Severability—1971 ex.s. c 239: See RCW 70.62.900.
Boilers and steam vessels: Chapter 70.79 RCW.
Electrical apparatus: Chapters 19.28, 19.29 RCW.
Elevators, escalators and dumbwaiters: Chapter 70.87 RCW.
Industrial safety and health: Chapter 49.17 RCW.
43.22.051
43.22.051 Rule making restricted. For rules adopted
after July 27, 1997, the director of the department of labor
and industries may not rely solely on a statute's statement of
intent or purpose, on the enabling provisions of the statute
establishing the agency, or on any combination of those provisions, for statutory authority to adopt any rule. This section
does not apply to rules adopted under chapter 39.12 RCW.
[1997 c 409 § 103.]
Part headings—1997 c 409: "Part headings used in this act do not constitute any part of the law." [1997 c 409 § 607.]
Severability—1997 c 409: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 409 § 609.]
43.22.053
43.22.053 Supervisor of building and construction
safety inspection services—Appointment—Authority—
Personnel. The director of labor and industries shall appoint
and deputize an assistant, to be known as the supervisor of
building and construction safety inspection services, who
shall have authority to perform those duties delegated by the
director and by statute.
The director may appoint and employ such inspectors,
clerks, and other assistants as may be necessary to carry on
building and construction safety inspection services subject
to the provisions of chapter 41.06 RCW. [1994 c 164 § 7;
1969 ex.s. c 32 § 3.]
43.22.260
43.22.260 Supervisor of industrial relations—
Appointment—Authority—Personnel. The director of
labor and industries shall appoint and deputize an assistant, to
be known as the supervisor of industrial relations, who shall
have authority to perform those duties delegated by the director and by statute.
The director may appoint an assistant to be known as the
industrial statistician, and an assistant to be known as the
supervisor of employment standards and may appoint and
employ experts, clerks, and other assistants as may be necessary to carry on the industrial relations work of the department. [1994 c 164 § 10; 1975 1st ex.s. c 296 § 31; 1973 2nd
(2004 Ed.)
43.22.290
ex.s. c 16 § 11; 1973 1st ex.s. c 154 § 82; 1965 c 8 §
43.22.260. Prior: 1921 c 7 § 77; RRS § 10835.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
Severability—1973 2nd ex.s. c 16: See RCW 49.12.900.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
43.22.270
43.22.270 Powers and duties. The director of labor and
industries shall have the power, and it shall be the director's
duty:
(1) To study and keep in touch with problems of industrial relations and, from time to time, make public reports and
recommendations to the legislature;
(2) To, with the assistance of the industrial statistician,
exercise all the powers and perform all the duties in relation
to collecting, assorting, and systematizing statistical details
relating to labor within the state and systematizing such statistical information to, as far as possible, conform to the plans
and reports of the United States department of labor;
(3) To, with the assistance of the industrial statistician,
make such special investigations and collect such special statistical information as may be needed for use by the department or division of the state government having need of
industrial statistics;
(4) To, with the assistance of the supervisor of employment standards, supervise the administration and enforcement of all laws respecting the employment and relating to
the health, sanitary conditions, surroundings, hours of labor,
and wages of employees employed in business and industry
in accordance with the provisions of chapter 49.12 RCW;
(5) To exercise all the powers and perform all the duties,
not specifically assigned to the department of labor and
industries, now vested in, and required to be performed by,
the commissioner of labor;
(6) To exercise such other powers and perform such
other duties as may be provided by law. [1994 c 164 § 11;
1977 c 75 § 48; 1975 1st ex.s. c 296 § 32; 1973 2nd ex.s. c 16
§ 12; 1973 1st ex.s. c 154 § 83; 1965 c 8 § 43.22.270. Prior:
1921 c 7 § 81; RRS 10839.]
Effective date—1975 1st ex.s. c 296: See RCW 41.58.901.
Severability—1973 2nd ex.s. c 16: See RCW 49.12.900.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Apprenticeships: Chapter 49.04 RCW.
Arbitration of disputes: Chapter 49.08 RCW.
Public employees' collective bargaining, arbitration of disputes: RCW
41.56.100.
Public employment labor relations: Chapter 41.58 RCW.
Wage collection for aggrieved employees: RCW 49.48.040.
43.22.282
43.22.282 Industrial welfare committee abolished—
Transfer of powers, duties, and functions. The industrial
welfare committee established by this chapter is abolished.
All powers, duties, and functions of the committee are transferred to the director of labor and industries. [1982 c 163 §
16.]
Severability—Effective date—1982 c 163: See notes following RCW
2.10.052.
43.22.290
43.22.290 Reports by employers. Every owner, operator, or manager of a factory, workshop, mill, mine, or other
establishment where labor is employed, shall make to the
[Title 43 RCW—page 175]
43.22.300
Title 43 RCW: State Government—Executive
department, upon blanks furnished by it, such reports and
returns as the department may require, for the purpose of
compiling such labor statistics as are authorized by this chapter, and the owner or business manager shall make such
reports and returns within the time prescribed therefor by the
director, and shall certify to the correctness thereof.
In the reports of the department no use shall be made of
the names of individuals, firms, or corporations supplying the
information called for by this section, such information being
deemed confidential, and not for the purpose of disclosing
personal affairs, and any officer, agent, or employee of the
department violating this provision shall be fined a sum not
exceeding five hundred dollars, or be imprisoned for not
more than one year. [1965 c 8 § 43.22.290. Prior: 1901 c 74
§ 3; RRS § 7588.]
43.22.300
43.22.300 Compelling attendance of witnesses and
testimony—Penalty. (1) The director may issue subpoenas,
administer oaths and take testimony in all matters relating to
the duties herein required, such testimony to be taken in some
suitable place in the vicinity to which testimony is applicable.
(2) Witnesses subpoenaed and testifying before any
officer of the department shall be paid the same fees as witnesses before a superior court, such payment to be made from
the funds of the department.
(3) Any person duly subpoenaed under the provisions of
this section who willfully neglects or refuses to attend or testify at the time and place named in the subpoena, is guilty of
a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more
than one hundred dollars, or by imprisonment in the county
jail not exceeding thirty days. [2003 c 53 § 227; 1965 c 8 §
43.22.300. Prior: 1901 c 74 § 4; RRS § 7589.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
43.22.310
43.22.310 Access to plants—Penalty for refusal. The
director or any employee of the department of labor and
industries may enter any factory, mill, office, workshop, or
public or private works at any time for the purpose of gathering facts and statistics as provided by this chapter, and examine into the methods of protection from danger to employees,
and the sanitary conditions in and around such buildings and
places and make a record thereof, and any owner or occupant
of such factory, mill, office or workshop, or public or private
works, or his agent who refuses to allow an inspector or
employee of the department to enter, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by
a fine of not less than twenty-five dollars nor more than one
hundred dollars, or be imprisoned in the county jail not to
exceed ninety days. [1965 c 8 § 43.22.310. Prior: 1901 c 74
§ 5; RRS § 7590.]
43.22.330
43.22.330 Annual report. The director of labor and
industries shall submit to the governor each year a report of
business transacted by the department during the preceding
fiscal year together with such statistics and information as the
governor deems of public interest and such recommendations
as the director believes merit consideration in the interest of
improved administration. [1977 c 75 § 49; 1965 c 8 §
[Title 43 RCW—page 176]
43.22.330. Prior: (i) 1901 c 74 § 2; RRS § 7587. (ii) 1901 c
74 § 7; RRS § 7592.]
43.22.331
43.22.331 Annual report on workers' compensation
fraud. The department shall annually compile a comprehensive report on workers' compensation fraud in Washington.
The report shall include the department's activities related to
the prevention, detection, and prosecution of worker,
employer, and provider fraud and the cost of such activities,
as well as the actual and estimated cost savings of such activities. The report shall be submitted to the appropriate committees of the legislature prior to the start of the legislative
session in January. [1995 c 160 § 7.]
43.22.335
43.22.335 Manufactured homes, mobile homes, recreational vehicles—Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 43.22.340 through 43.22.434, 43.22.442,
and 43.22.495.
(1) "Conversion vendor units" means a motor vehicle or
recreational vehicle that has been converted or built for the
purpose of being used for commercial sales at temporary
locations. The units must be less than eight feet six inches
wide in the set-up position and the inside working area must
be less than forty feet in length.
(2) "Indigent" means a person receiving an annual
income, after taxes, of one hundred twenty-five percent or
less of the current federally established poverty level.
(3) "Manufactured home" means a single-family dwelling required to be built in accordance with regulations
adopted under the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.).
(4) "Medical unit" means a self-propelled unit used to
provide medical examinations, treatments, and medical and
dental services or procedures, not including emergency
response vehicles.
(5) "Mobile home" means a factory-built dwelling built
before June 15, 1976, to standards other than the national
manufactured housing construction and safety standards act
of 1974 (42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state.
(6) "Park trailer" means a park trailer as defined in the
American national standards institute A119.5 standard for
park trailers.
(7) "Recreational vehicle" means a vehicular-type unit
primarily designed for recreational camping or travel use that
has its own motive power or is mounted on or towed by
another vehicle. The units include travel trailers, fifth-wheel
trailers, folding camping trailers, truck campers, and motor
homes. [2002 c 268 § 9; 2001 c 335 § 1; 1999 c 22 § 1; 1995
c 280 § 1.]
Purpose—Finding—Effective dates—2002 c 268: See notes following RCW 43.22.434.
Application—2001 c 335: "This act applies to manufactured homes
without regard to the date such homes may have been altered." [2001 c 335
§ 10.]
43.22.340
43.22.340 Manufactured homes, mobile homes, recreational vehicles—Safety rules—Compliance—Penalty.
(1) The director shall adopt specific rules for conversion
(2004 Ed.)
Department of Labor and Industries
vending units and medical units. The rules for conversion
vending units and medical units shall be established to protect the occupants from fire; to address other life safety
issues; and to ensure that the design and construction are
capable of supporting any concentrated load of five hundred
pounds or more.
(2) The director of labor and industries shall adopt rules
governing safety of body and frame design, and the installation of plumbing, heating, and electrical equipment in mobile
homes, commercial coaches, recreational vehicles, and/or
park trailers: PROVIDED, That the director shall not prescribe or enforce rules governing the body and frame design
of recreational vehicles and park trailers until after the American National Standards Institute shall have published standards and specifications upon this subject. The rules shall be
reasonably consistent with recognized and accepted principles of safety for body and frame design and plumbing, heating, and electrical installations, in order to protect the health
and safety of the people of this state from dangers inherent in
the use of substandard and unsafe body and frame design,
construction, plumbing, heating, electrical, and other equipment and shall correlate with and, so far as practicable, conform to the then current standards and specifications of the
American National Standards Institute standards A119.1 for
mobile homes and commercial coaches, A119.2 for recreational vehicles, and A119.5 for park trailers.
(3) Except as provided in RCW 43.22.436, it shall be
unlawful for any person to lease, sell or offer for sale, within
this state, any mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles,
and/or park trailers manufactured after January 1, 1968, containing plumbing, heating, electrical, or other equipment, and
after July 1, 1970, body and frame design or construction,
unless such equipment, design, or construction meets the
requirements of the rules provided for in this section.
(4) Any person violating this section is guilty of a misdemeanor. Each day upon which a violation occurs shall constitute a separate violation. [2003 c 53 § 228; 2002 c 268 § 6;
1999 c 22 § 2; 1995 c 280 § 2; 1970 ex.s. c 27 § 1; 1969 ex.s.
c 229 § 1; 1967 c 157 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Purpose—Finding—Effective dates—2002 c 268: See notes following RCW 43.22.434.
43.22.350
43.22.350 Mobile homes, recreational or commercial
vehicles—Compliance insignia—Fee schedule—Out-ofstate sales. (1) In compliance with any applicable provisions
of this chapter, the director of the department of labor and
industries shall establish a schedule of fees, whether on the
basis of plan approval or inspection, for the issuance of an
insigne which indicates that the mobile home, commercial
coach, conversion vending units, medical units, recreational
vehicle, and/or park trailer complies with the provisions of
RCW 43.22.340 through 43.22.410 or for any other purpose
specifically authorized by any applicable provision of this
chapter.
(2) Insignia are not required on mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and/or park trailers manufactured within this
state for sale outside this state which are sold to persons out(2004 Ed.)
43.22.355
side this state. [1999 c 22 § 3; 1995 c 280 § 4; 1977 ex.s. c 21
§ 6; 1970 ex.s. c 27 § 2; 1967 c 157 § 2.]
Construction—1977 ex.s. c 21: See note following RCW 43.22.431.
43.22.355
43.22.355 Mobile homes, recreational or commercial
vehicles—Self-certification for recreational vehicles and
park trailers—Procedures—Performance audit of quality control programs. The director or the director's authorized representative may allow qualifying recreational vehicle and/or park trailer manufacturers to be self-certified as to
compliance with the American National Standards Institute
A119.2 standard for recreational vehicles and the American
National Standards Institute A119.5 standard for park trailers. Except as provided in subsection (4) of this section, a
manufacturer approved for the department's self-certification
is exempt from the requirements under RCW 43.22.434 and
43.22.360. The director shall adopt rules to implement the
self-certification program. The director may establish fees at
a sufficient level to cover the costs of administering this program.
(1) Before a manufacturer becomes self-certified, the
department shall make an initial audit of the manufacturer
making self-certification application. The audit must review
and report on the following:
(a) The manufacturer's quality control program;
(b) The manufacturer's demonstrated ability to manufacture products in conformance with either or both of the American National Standards Institute standards A119.2 and
A119.5; and
(c) The availability on site of comprehensive plans for
each model being manufactured.
(2) At the sole discretion of the director, a manufacturer
currently being audited by the department that is deemed to
meet the criteria for an initial self-certification audit may
become a self-certified manufacturer without an additional
self-certification audit.
(3) If the department denies an application to allow a
manufacturer to be self-certified, the manufacturer shall be
notified in writing including the reasons for denial. A copy of
the initial self-certification audit shall be provided to the
manufacturer. A manufacturer who is denied self-certification may appeal the denial under chapter 34.05 RCW.
(4) If the department has reason to believe that the manufacturer is no longer meeting the criteria established in subsection (1) of this section, the department may make an audit
of the manufacturer. For purposes of enforcement of this subsection, the department retains inspection and investigation
authority under RCW 43.22.434. At the conclusion of this
audit, the director or the director's authorized representative
may continue the manufacturer's self-certification or require
the manufacturer to meet all of the requirements of this chapter from which the manufacturer was once exempted.
(5) The manufacturer to whom the authorization is given
shall pay all of the costs of the initial self-certification audit
and any subsequent audit that the department has the authority to perform.
(6) The department shall conduct a performance audit of
additional industry association quality control programs utilized by self-certified manufacturers at least once every two
years. [1995 c 280 § 6.]
[Title 43 RCW—page 177]
43.22.360
Title 43 RCW: State Government—Executive
43.22.360
43.22.360 Mobile homes, recreational or commercial
vehicles—Plans and specifications—Approval—Alterations—Rules. (1) Plans and specifications of each model or
production prototype of a mobile home, commercial coach,
conversion vending units, medical units, recreational vehicle,
and/or park trailer showing body and frame design, construction, plumbing, heating and electrical specifications and data
shall be submitted to the department of labor and industries
for approval and recommendations with respect to compliance with the rules and standards of each of such agencies.
When plans have been submitted and approved as required,
no changes or alterations shall be made to body and frame
design, construction, plumbing, heating or electrical installations or specifications shown thereon in any mobile home,
commercial coach, conversion vending units, medical units,
recreational vehicle, or park trailer without prior written
approval of the department of labor and industries.
(2) The director may adopt rules that provide for
approval of a plan that is certified as meeting state requirements or the equivalent by a professional who is licensed or
certified in a state whose licensure or certification requirements meet or exceed Washington requirements. [1999 c 22
§ 4. Prior: 1995 c 289 § 1; 1995 c 280 § 7; 1970 ex.s. c 27 §
3; 1967 c 157 § 3.]
43.22.370
43.22.370 Mobile homes, recreational or commercial
vehicles—Leased, sold, or manufactured in state prior to
July 1, 1968—Compliance not required—Exception. Any
mobile home, commercial coach, conversion vending units,
medical units, recreational vehicle, and/or park trailer leased
or sold in Washington and manufactured prior to July 1,
1968, which has not been inspected prior to its sale and which
does not meet the requirements prescribed will not be
required to comply with those requirements except for alterations or installations referred to in RCW 43.22.360. [1999 c
22 § 5; 1995 c 280 § 8; 1970 ex.s. c 27 § 4; 1969 ex.s. c 229
§ 2; 1967 c 157 § 4.]
43.22.380
43.22.380 Mobile homes, recreational or commercial
vehicles—Manufactured for use outside state—Compliance not required—Exception. Used mobile homes, commercial coaches, conversion vending units, medical units,
recreational vehicles, and/or park trailers manufactured for
use outside this state which do not meet the requirements prescribed and have been used for six months or more will not be
required to comply with those requirements except for alterations or installations referred to in RCW 43.22.360. [1999 c
22 § 6; 1995 c 280 § 9; 1970 ex.s. c 27 § 5; 1967 c 157 § 5.]
43.22.390
43.22.390 Mobile homes, recreational or commercial
vehicles—Insigne of approval, when required. Mobile
homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and/or park trailers subject to
the provisions of RCW 43.22.340 through 43.22.410, and
mobile homes, commercial coaches, conversion vending
units, medical units, recreational vehicles, and/or park trailers
upon which alterations of body and frame design, construction or installations of plumbing, heating or electrical equipment referred to in RCW 43.22.360 are made after July 1,
1968, shall have affixed thereto such insigne of approval.
[Title 43 RCW—page 178]
[1999 c 22 § 7; 1995 c 280 § 10; 1970 ex.s. c 27 § 6; 1967 c
157 § 6.]
43.22.400
43.22.400 Mobile homes, recreational or commercial
vehicles—Meeting standards of other states at least equal
to this state. If the director of the department of labor and
industries determines that the standards for body and frame
design, construction and the plumbing, heating and electrical
equipment installed in mobile homes, commercial coaches,
recreational vehicles, and/or park trailers by the statutes or
rules and regulations of other states are at least equal to the
standards prescribed by this state, he may so provide by regulation. Any mobile home, commercial coach, recreational
vehicle, and/or park trailer which a state listed in such regulations has approved as meeting its standards for body and
frame design, construction and plumbing, heating and electrical equipment shall be deemed to meet the standards of the
director of the department of labor and industries, if he determines that the standards of such state are actually being
enforced. [1995 c 280 § 11; 1970 ex.s. c 27 § 7; 1967 c 157
§ 7.]
43.22.410
43.22.410 Mobile homes, recreational or commercial
vehicles—Meeting requirements of chapter deemed compliance with county or city ordinances. Any mobile home,
commercial coach, conversion vending units, medical units,
recreational vehicle, and/or park trailer that meets the
requirements prescribed under RCW 43.22.340 shall not be
required to comply with any ordinances of a city or county
prescribing requirements for body and frame design, construction or plumbing, heating and electrical equipment
installed in mobile homes, commercial coaches, conversion
vending units, medical units, recreational vehicles, and/or
park trailers. [1999 c 22 § 8; 1995 c 280 § 12; 1970 ex.s. c 27
§ 8; 1967 c 157 § 8.]
43.22.420
43.22.420 Factory assembled structures advisory
board. There is hereby created a factory assembled structures advisory board consisting of nine members to be
appointed by the director of labor and industries. It shall be
the purpose and function of the board to advise the director
on all matters pertaining to the enforcement of this chapter
including but not limited to standards of body and frame
design, construction and plumbing, heating and electrical
installations, minimum inspection procedures, the adoption
of rules pertaining to the manufacture of factory assembled
structures, manufactured homes, commercial coaches, conversion vending units, medical units, recreational vehicles,
and park trailers. The advisory board shall periodically
review the rules adopted under RCW 43.22.450 through
43.22.490 and shall recommend changes of such rules to the
department if it deems changes advisable.
The members of the advisory board shall be representative of consumers, the regulated industries, and allied professionals. The term of each member shall be four years. However, the director may appoint the initial members of the
advisory board to staggered terms not exceeding four years.
The chief inspector or any person acting as chief inspector for the factory assembled structures, manufactured or
mobile home, commercial coach, conversion vending units,
(2004 Ed.)
Department of Labor and Industries
medical units, recreational vehicle, and park trailer section
shall serve as secretary of the board during his tenure as chief.
Meetings of the board shall be called at the discretion of the
director of labor and industries, but at least quarterly. Each
member of the board shall be paid travel expenses in accordance with RCW 43.03.050 and 43.03.060 which shall be
paid out of the appropriation to the department of labor and
industries, upon vouchers approved by the director of labor
and industries or his or her designee. [2001 c 335 § 2; 1999 c
22 § 9; 1995 c 280 § 13; 1987 c 330 § 601; 1975-'76 2nd ex.s.
c 34 § 103; 1971 ex.s. c 82 § 1; 1970 ex.s. c 27 § 9; 1969 ex.s.
c 229 § 3.]
43.22.434
department before changes or alterations may be made to a
manufactured home that differ from the construction standards provided for in this section.
(3) Except as provided in RCW 43.22.436, it is unlawful
for any person to lease, sell, or offer for sale, within this state,
a manufactured home unless the home meets the requirements of the rules provided for in this section. [2002 c 268 §
7; 2001 c 335 § 4; 1977 ex.s. c 21 § 2.]
Purpose—Finding—Effective dates—2002 c 268: See notes following RCW 43.22.434.
Application—2001 c 335: See note following RCW 43.22.335.
Construction—1977 ex.s. c 21: See note following RCW 43.22.431.
Application—2001 c 335: See note following RCW 43.22.335.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
43.22.430
43.22.430 RCW 43.22.340 and 43.22.350 through
43.22.420 not to apply to common carrier equipment.
RCW 43.22.340 and 43.22.350 through 43.22.420 shall not
apply to common carrier equipment. [1970 ex.s. c 27 § 10.]
43.22.433
43.22.433 Violations—Penalties. Any person who violates any of the provisions of RCW 43.22.431 through
43.22.434 and 43.22.350 or any rules or regulations adopted
pursuant to RCW 43.22.431 through 43.22.434 and
43.22.350 is guilty of a gross misdemeanor, punishable by a
fine not exceeding one thousand dollars or by imprisonment
not exceeding one year, or by both such fine and imprisonment. [1977 ex.s. c 21 § 3.]
Construction—1977 ex.s. c 21: See note following RCW 43.22.431.
43.22.431
43.22.431 Manufactured home safety and construction standards—Enforcement by director of labor and
industries authorized. The director of the department of
labor and industries may enforce manufactured home safety
and construction standards adopted by the secretary of housing and urban development under the national manufactured
home construction and safety standards act of 1974 (800 Stat.
700; 42 U.S.C. Secs. 5401-5426). Furthermore, the director
may make agreements with the United States government
and private inspection organizations to implement the development and enforcement of applicable provisions of this
chapter and the national manufactured home construction and
safety standards act of 1974 (800 Stat. 700; 42 U.S.C. Secs.
5401-5426). [2001 c 335 § 3; 1977 ex.s. c 21 § 1.]
Application—2001 c 335: See note following RCW 43.22.335.
Construction—1977 ex.s. c 21: "This 1977 amendatory act is not
intended to repeal, alter, or diminish existing state law respecting mobile
homes, commercial coaches, and recreational vehicles in those areas unregulated under federal law." [1977 ex.s. c 21 § 4.]
43.22.432
43.22.432 Manufactured home construction and
safety standards and regulations—Rules. (1) The department may adopt all standards and regulations adopted by the
secretary under the national manufactured home construction
and safety standards act of 1974 (800 Stat. 700; 42 U.S.C.
Secs. 5401-5426) for manufactured home construction and
safety standards. If any deletions or amendments to the federal standards or regulations are thereafter made and notice
thereof is given to the department, the standards or regulations shall be considered automatically adopted by the state
under this chapter after the expiration of thirty days from
publication in the federal register of a final order describing
the deletions or amendments unless within that thirty day
period the department objects to the deletion or amendment.
In case of objection, the department shall proceed under the
rule making procedure of chapter 34.05 RCW.
(2) The department shall adopt rules with respect to manufactured homes that require the prior written approval of the
(2004 Ed.)
43.22.434
43.22.434 Inspections and investigations necessary to
adopt or enforce rules—Director's duties—Fees. (1) The
director or the director's authorized representative may conduct such inspections, investigations, and audits as may be
necessary to adopt or enforce manufactured and mobile
home, commercial coach, conversion vending units, medical
units, recreational vehicle, park trailer, factory built housing,
and factory built commercial structure rules adopted under
the authority of this chapter or to carry out the director's
duties under this chapter.
(2) For purposes of enforcement of this chapter, persons
duly designated by the director upon presenting appropriate
credentials to the owner, operator, or agent in charge may:
(a) At reasonable times and without advance notice enter
any factory, warehouse, or establishment in which manufactured and mobile homes, commercial coaches, conversion
vending units, medical units, recreational vehicles, park trailers, factory built housing, and factory built commercial structures are manufactured, stored, or held for sale;
(b) At reasonable times, within reasonable limits, and in
a reasonable manner inspect any factory, warehouse, or
establishment as required to comply with the standards
adopted by the secretary of housing and urban development
under the national manufactured home construction and
safety standards act of 1974. Each inspection shall be commenced and completed with reasonable promptness; and
(c) As requested by an owner of a conversion vending
unit or medical unit, inspect an alteration.
(3) For purposes of determining compliance with this
chapter's permitting requirements for alterations of mobile
and manufactured homes, the department may audit the
records of a contractor as defined in chapter 18.27 RCW or
RCW 18.106.020(1) or an electrical contractor as defined in
RCW 19.28.006 when the department has reason to believe
that a violation of the permitting requirements has occurred.
The department shall adopt rules implementing the auditing
procedures. Information obtained from a contractor through
[Title 43 RCW—page 179]
43.22.435
Title 43 RCW: State Government—Executive
an audit authorized by this subsection is confidential and not
open to public inspection under chapter 42.17 RCW.
(4)(a) The department shall set a schedule of fees by rule
which will cover the costs incurred by the department in the
administration of RCW 43.22.335 through 43.22.490. The
department may waive mobile/manufactured home alteration
permit fees for indigent permit applicants.
(b)(i) Until April 1, 2009, subject to (a) of this subsection, the department may adopt by rule a temporary statewide
fee schedule that decreases fees for mobile/manufactured
home alteration permits and increases fees for factory-built
housing and commercial structures plan review and inspection services.
(ii) Effective April 1, 2009, the department must adopt a
new fee schedule that is the same as the fee schedule that was
in effect immediately prior to the temporary fee schedule
authorized in (b)(i) of this subsection. However, the new fee
schedule must be adjusted by the fiscal growth factors not
applied during the period that the temporary fee schedule was
in effect. [2004 c 137 § 1; 2003 c 67 § 1. Prior: 2002 c 268
§ 3; 2002 c 268 § 2; 2001 c 335 § 5; 1999 c 22 § 10; 1995 c
280 § 5; 1977 ex.s. c 21 § 5.]
Effective date—2004 c 137: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect March 31,
2004." [2004 c 137 § 2.]
Purpose—Finding—2002 c 268: "The purpose of this act is to implement the recommendations of the joint legislative task force created by chapter 335, Laws of 2001. The legislature recognizes the need to improve communications among mobile/manufactured homeowners, regulatory agencies,
and other interested parties, to streamline the complex regulatory environment and inflexible enforcement system, and to promote problem-solving at
an early stage. To assist in achieving these goals, the legislature:
(1) Encourages the relevant agencies to conduct a pilot project that
tests an interagency coordinated system for processing permits for alterations or repairs of mobile and manufactured homes; and
(2) Recognizes the task force's work in reviewing agency rules related
to alteration permit requirements and supports the task force's recommendations to the agency regarding those rules. The legislature finds that assisting
consumers to understand when an alteration of a mobile or manufactured
home is subject to a permit, and when it is not, will improve compliance with
the agency rules and further the code's safety goals." [2002 c 268 § 1.]
Effective date—2002 c 268: "Sections 1, 2, and 4 through 9 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [March 29, 2002]." [2003 c 67 § 2; 2002 c 268
§ 10.]
Application—2001 c 335: See note following RCW 43.22.335.
Construction—1977 ex.s. c 21: See note following RCW 43.22.431.
43.22.435 Altering a mobile or manufactured
home—Permit—Penalties—Appeals—Notice of correction. (1)(a) In addition to or in lieu of any other penalty
applicable under this chapter, and except as provided in (b) of
this subsection, the department may assess a civil penalty of
not more than one thousand dollars against a contractor, firm,
partnership, or corporation, that fails to obtain a permit
before altering a mobile or manufactured home as required
under this chapter or rules adopted under this chapter. Each
day on which a violation occurs constitutes a separate violation. However, the cumulative penalty for the same occurrence may not exceed five thousand dollars.
(b) The department must adopt a schedule of civil penalties giving due consideration to the appropriateness of the
penalty with respect to the gravity of the violation and the
43.22.435
[Title 43 RCW—page 180]
history of previous violations. Penalties for subsequent violations, not constituting the same occurrence, committed within
two years of a prior violation by the same party or entity, or
by an individual who was a principal or officer of the same
entity, must be double the amount of the penalty for the prior
violation or one thousand dollars, whichever is greater.
(2)(a) The department may issue a notice of correction
before issuing a civil penalty assessment. The notice must
include:
(i) A description of the violation;
(ii) A statement of what is required to correct the violation;
(iii) The date by which the department requires correction to be achieved; and
(iv) Notice of the individual or department office that
must be contacted to obtain a permit or other compliance
information.
(b) A notice of correction is not a formal enforcement
action, is not subject to appeal, and is a public record.
(c) If the department issues a notice of correction, it shall
not issue a civil penalty for the violation identified in the
notice of correction unless the responsible person fails to
comply with the notice.
(3)(a) The department must issue written notices of civil
penalties imposed under this section, with the reasons for the
penalty, by certified mail to the last known address of the
party named in the notice.
(b) If a party desires to contest a notice of civil penalty
issued under this section, the party must file a notice of
appeal with the department within twenty days of the department's mailing of the notice of civil penalty. An administrative law judge of the office of administrative hearings will
hear and determine the appeal. Appeal proceedings must be
conducted pursuant to chapter 34.05 RCW. An appeal of the
administrative law judge's determination or order shall be to
the superior court. The superior court's decision is subject
only to discretionary review under the rules of appellate procedure. [2002 c 268 § 4.]
Purpose—Finding—Effective dates—2002 c 268: See notes following RCW 43.22.434.
43.22.436
43.22.436 Mobile and manufactured home installations—Exemptions and variances from permitting
requirements and alteration rules—Conditional sales of
altered mobile and manufactured homes. (1) With respect
to mobile and manufactured homes that are installed in accordance with the standards adopted under RCW 43.22.440:
(a) The department shall adopt rules that:
(i) Specify exemptions from a requirement for a permit
to alter a mobile or manufactured home;
(ii) Authorize the granting of variances from the rules
adopted under this section for alterations that use materials,
designs, or methods of construction different from those
required under the rules adopted under this chapter; and
(iii) Require the seller of a mobile or manufactured home
to deliver to the buyer prior to the sale: (A) A completed
property transfer disclosure statement in accordance with
chapter 64.06 RCW, unless the seller is exempt or the buyer
waives his or her rights under chapter 64.06 RCW; and (B)
the variance, if any, granted under the rules adopted under
this section.
(2004 Ed.)
Department of Labor and Industries
(b) The department may adopt a rule that allows parties
to enter into a conditional sale of an altered mobile or manufactured home. However, a conditional sales agreement may
be executed only if, prior to execution, the parties have complied with the department's requirements related to permit
approval and a variance granted under the rules, if any, and
with property transfer disclosure statement requirements.
(2) This chapter does not prohibit the sale of an altered
mobile or manufactured home installed in accordance with
the standards adopted under RCW 43.22.440. If, after an
inspection requested by any party to a sale, including a party
financing the sale, the department determines that an alteration may constitute a hazard to life, safety, or health, the
department shall so notify the parties in writing within thirty
days of completing the inspection and may notify the local
official responsible for enforcing the uniform fire code
adopted under chapter 19.27 RCW or local health officer, as
applicable, within the relevant jurisdiction. [2002 c 268 § 5.]
Purpose—Finding—Effective dates—2002 c 268: See notes following RCW 43.22.434.
43.22.440 Manufactured and mobile home installation service and warranty service standards—Enforcement. (1) The legislature finds that inspections of manufactured and mobile home installation are not done on a consistent basis. Manufactured and mobile homes provide housing
for many people in the state, and improperly installed manufactured or mobile homes are a serious health and safety risk.
Where possible and practical, manufactured and mobile
homes should be treated the same as any housing inhabited or
to be inhabited by persons in this state, including housing
built according to the state building code.
(2) In consultation with the factory assembled structures
advisory board for manufactured homes, the director of labor
and industries shall by rule establish uniform standards for
the performance and workmanship of installation service and
warranty service by persons or entities engaged in performing the services within this state for all manufactured and
mobile homes, as defined in RCW 46.04.302. The standards
shall conform, where applicable, with statutes, rules, and recommendations established under the national manufactured
home construction and safety standards act of 1974 (42
U.S.C. Sec. 5401 et seq.). These rules regarding the installation of manufactured and mobile homes shall be enforced and
fees charged by the counties and cities in the same manner
the state building code is enforced under RCW 19.27.050.
(3) In addition to and in conjunction with the remedies
provided in this chapter, failure to remedy any breach of the
standards and rules so established, upon adequate notice and
within a reasonable time, is a violation of the consumer protection act, chapter 19.86 RCW and subject to the remedies
provided in that chapter. [2001 c 335 § 6; 1988 c 239 § 5;
1980 c 153 § 1.]
43.22.440
Application—2001 c 335: See note following RCW 43.22.335.
43.22.442 Warranty service—Timely compensation
for work performed. A manufacturer of manufactured
homes who designates a representative within this state to
provide consumers with warranty service for manufactured
homes on behalf of the manufacturer shall make reasonable
and timely compensation to the representative for perfor43.22.442
(2004 Ed.)
43.22.460
mance of the warranty service. [2001 c 335 § 7; 1980 c 153
§ 2.]
Application—2001 c 335: See note following RCW 43.22.335.
43.22.445
43.22.445 Mobile homes—Warranties and inspections—Advertising of dimensions. See RCW 46.70.135.
43.22.450
43.22.450 Factory built housing and commercial
structures, regulating installation of—Definitions. Whenever used in RCW 43.22.450 through 43.22.490:
(1) "Department" means the Washington state department of labor and industries;
(2) "Approved" means approved by the department;
(3) "Factory built housing" means any structure designed
primarily for human occupancy other than a manufactured or
mobile home the structure or any room of which is either
entirely or substantially prefabricated or assembled at a place
other than a building site;
(4) "Install" means the assembly of factory built housing
or factory built commercial structures at a building site;
(5) "Building site" means any tract, parcel or subdivision
of land upon which factory built housing or a factory built
commercial structure is installed or is to be installed;
(6) "Local enforcement agency" means any agency of
the governing body of any city or county which enforces laws
or ordinances governing the construction of buildings;
(7) "Commercial structure" means a structure designed
or used for human habitation, or human occupancy for industrial, educational, assembly, professional or commercial purposes. [2001 c 335 § 8; 1973 1st ex.s. c 22 § 1; 1970 ex.s. c
44 § 1.]
Application—2001 c 335: See note following RCW 43.22.335.
43.22.455
43.22.455 Factory built housing and commercial
structures, regulating installation of—Housing must be
approved, have department insignia—Significance of
insignia—Modification of housing during installation
must be approved. No factory built housing or factory built
commercial structure shall be installed on a building site in
this state after the effective date of the regulations adopted
pursuant to RCW 43.22.480 unless it is approved and bears
the insignia of approval of the department.
(1) Any factory built housing or factory built commercial
structure bearing an insignia of approval of the department
shall be deemed to comply with any laws, ordinances or regulations enacted by any city or county or any local enforcement agency which govern the manufacture and construction
of factory built housing or factory built commercial structures or on-site housing.
(2) No factory built housing or factory built commercial
structure which has been approved by the department shall be
in any way modified prior to, or during installation by a manufacturer or installer unless approval of such modification is
first made by the department. [1973 1st ex.s. c 22 § 2; 1970
ex.s. c 44 § 2.]
43.22.460
43.22.460 Factory built housing and commercial
structures, regulating installation of—Certain requirements reserved to local jurisdictions. Local land use
requirements, building setbacks, side and rear yard require[Title 43 RCW—page 181]
43.22.465
Title 43 RCW: State Government—Executive
ments, site development and property line requirements, and
review and regulation of zoning requirements are specifically
reserved to local jurisdictions notwithstanding anything contained in RCW 43.22.450 through 43.22.490. [1970 ex.s. c
44 § 3.]
43.22.465
43.22.465 Factory built housing and commercial
structures, regulating installation of—Injunctive process,
procedure. The department may obtain from a superior
court having jurisdiction, a temporary injunction enjoining
the installation of factory built housing or factory built commercial structures on any building site upon affidavit of the
department that such factory built housing or factory built
commercial structures do not conform to the requirements of
RCW 43.22.450 through 43.22.490 or to the rules adopted
pursuant to RCW 43.22.450 through 43.22.490. The affidavit
must set forth such violations in detail. The injunction may be
made permanent, in the discretion of the court. [1973 1st
ex.s. c 22 § 3; 1970 ex.s. c 44 § 4.]
approved. If the director of the department determines that
the standards for factory built housing or factory built commercial structures prescribed by statute, rule or regulation of
another state are at least equal to the regulations prescribed
under RCW 43.22.450 through 43.22.490, and that such standards are actually enforced by such other state, he may provide by regulation that factory built housing or factory built
commercial structures approved by such other state shall be
deemed to have been approved by the department. [1973 1st
ex.s. c 22 § 6; 1970 ex.s. c 44 § 8.]
43.22.490
43.22.490 Factory built housing and commercial
structures, regulating installation of—Violation as misdemeanor—Penalty. Any person who violates any of the provisions of RCW 43.22.450 through 43.22.490 or any rules or
regulations adopted pursuant to RCW 43.22.450 through
43.22.490 is guilty of a misdemeanor, punishable by a fine
not exceeding five hundred dollars or by imprisonment not
exceeding thirty days, or by both such fine and imprisonment. [1970 ex.s. c 44 § 9.]
43.22.470
43.22.470 Factory built housing and commercial
structures, regulating installation of—Delegation of
inspection duty to local agency. The department shall have
the authority to delegate all or part of its duties of inspection
to a local enforcement agency. [1970 ex.s. c 44 § 5.]
43.22.480
43.22.480 Factory built housing and commercial
structures, installation—Rules—Enforcement—Standards—Fees. (1) The department shall adopt and enforce
rules that protect the health, safety, and property of the people
of this state by assuring that all factory built housing or factory built commercial structures are structurally sound and
that the plumbing, heating, electrical, and other components
thereof are reasonably safe. The rules shall be reasonably
consistent with recognized and accepted principles of safety
and structural soundness, and in adopting the rules the department shall consider, so far as practicable, the standards and
specifications contained in the uniform building, plumbing,
and mechanical codes, including the barrier free code and the
Washington energy code as adopted by the state building
code council pursuant to chapter 19.27A RCW, and the
national electrical code, including the state rules as adopted
pursuant to chapter 19.28 RCW and published by the national
fire protection association or, when applicable, the temporary
worker building code adopted under RCW 70.114A.081.
(2) The department shall set a schedule of fees which
will cover the costs incurred by the department in the administration and enforcement of RCW 43.22.450 through
43.22.490.
(3) The director may adopt rules that provide for
approval of a plan that is certified as meeting state requirements or the equivalent by a professional who is licensed or
certified in a state whose licensure or certification requirements meet or exceed Washington requirements. [1998 c 37
§ 4; 1995 c 289 § 2; 1989 c 134 § 1; 1979 ex.s. c 76 § 2; 1973
1st ex.s. c 22 § 5; 1970 ex.s. c 44 § 7.]
43.22.485
43.22.485 Factory built housing and commercial
structures, regulating installation of—Recognizing outof-sta te standards, enforcement, as department
[Title 43 RCW—page 182]
43.22.495
43.22.495 Manufactured housing—Department of
community, trade, and economic development duties.
Beginning on July 1, 1991, the department of community,
trade, and economic development shall be responsible for
performing all the consumer complaint and related functions
of the state administrative agency that are required for purposes of complying with the regulations established by the
federal department of housing and urban development for
manufactured housing, including the preparation and submission of the state administrative plan.
The department of community, trade, and economic
development may enter into state or local interagency agreements to coordinate site inspection activities with record
monitoring and complaint handling. The interagency agreement may also provide for the reimbursement for cost of
work that an agency performs. The department may include
other related areas in any interagency agreements which are
necessary for the efficient provision of services.
The directors of the department of community, trade, and
economic development and the department of labor and
industries shall immediately take such steps as are necessary
to ensure that chapter 176, Laws of 1990 is implemented on
June 7, 1990. [1995 c 399 § 69; 1990 c 176 § 1.]
Department of community, trade, and economic development duties: RCW
43.63A.460.
43.22.500
43.22.500 Printing and distribution of publications—
Fees. The department of labor and industries, to defray the
costs of printing, reprinting, or distributing printed matter
issued by the department of labor and industries including,
but not limited to, the matters listed in RCW 43.22.505, may
charge a fee for such publications in an amount which will
reimburse the department for the costs of printing, reprinting,
and distributing such publications: PROVIDED, That every
person subject to regulation by the department may upon
request receive without charge one copy per year of any publication printed pursuant to RCW 43.22.505 whenever such
person is affected by any statute, rule or regulation printed
therein. All fees collected shall be deposited in the state trea(2004 Ed.)
Department of Agriculture
sury to the credit of the appropriate fund or account. [1979
ex.s. c 67 § 2; 1975 1st ex.s. c 123 § 1.]
Severability—1979 ex.s. c 67: See note following RCW 19.28.351.
43.23.170
43.23.200
43.23.205
43.23.220
43.22.505
43.22.505 Printing and distribution of publications—
Authorized subject matters. The department of labor and
industries is specifically authorized to print, reprint, and distribute subject matter including but not limited to the following:
(1) The provisions of Title 51 RCW;
(2) The provisions of Title 49 RCW;
(3) The provisions of chapter 7.68 RCW;
(4) The provisions of chapter 88.16 RCW;
(5) The provisions of chapter 19.28 RCW;
(6) The provisions of chapter 43.22 RCW;
(7) The provisions of chapter 41.56 RCW;
(8) The provisions of chapter 49.66 RCW;
(9) The provisions of chapter 70.79 RCW;
(10) The provisions of chapter 70.74 RCW;
(11) The provisions of chapter 70.87 RCW;
(12) The provisions of all other statutes administered by
the department or such statutes as have a relationship to the
functions and obligations of the department; and
(13) The rules and regulations of the department of labor
and industries, the state apprenticeship council, the state
board of pilotage commissioners and the board of boiler rules
promulgated pursuant to the statutory provisions cited above.
[1975 1st ex.s. c 123 § 2.]
43.22.550
43.22.550 Contract to issue conditional federal
employer identification numbers, credentials, and documents in conjunction with license applications. The director may contract with the federal internal revenue service, or
other appropriate federal agency, to issue conditional federal
employer identification numbers, or other federal credentials
or documents, at specified offices and locations of the agency
in conjunction with any application for state licenses under
chapter 19.02 RCW. [1997 c 51 § 4.]
Intent—1997 c 51: See note following RCW 19.02.300.
Chapter 43.23
Chapter 43.23 RCW
DEPARTMENT OF AGRICULTURE
Sections
43.23.001
43.23.002
43.23.005
43.23.010
43.23.015
43.23.025
43.23.030
43.23.033
43.23.035
43.23.037
43.23.042
43.23.050
43.23.070
43.23.090
43.23.110
43.23.120
43.23.130
43.23.160
(2004 Ed.)
Definitions.
Director—Appointment—Powers and duties—Salary.
Deputy director—Appointment—Powers and duties.
Divisions of department—Assistant directors—State veterinarian—Salaries—Assignment of duties.
Divisions of department—Reassignment of division functions.
Rule-making authority.
Powers and duties.
Funding staff support for commodity boards and commissions—Rules.
Powers and duties—State agricultural market development
programs and activities.
Publishing and dissemination costs—Deposit of proceeds.
Consultation with commodity commissions.
Powers and duties.
Powers and duties of state veterinarian.
Powers and duties.
Powers and duties.
Bulletins and reports.
Annual report.
Powers and duties.
43.23.230
43.23.240
43.23.250
43.23.255
43.23.260
43.23.265
43.23.270
43.23.275
43.23.280
Chapter 43.23
Enforcement in accordance with RCW 43.05.100 and
43.05.110.
Official chemists of department—Designated—Duties.
Additional chemists—Appointment—Duties—Compensation.
Disposition of impounded livestock on Hanford reservation—
Agreements to act as federal government's agent.
Agricultural local fund.
Senior environmental corps—Department powers and duties.
Collection of unpaid penalties, assessments, and debts—Use
of collection agencies.
Assessments levied by director—Personal debt—Costs of collecting—Civil actions authorized—Attorneys' fees.
Interest on unpaid balances.
Dishonored check or negotiable instrument.
Export market development project records—Confidentiality.
Market development and promotion matching fund program.
Trade barrier matching fund program.
Agricultural
enabling act of 1955, powers and duties under, generally: Chapter 15.66
RCW.
enabling act of 1961, powers and duties under, generally: Chapter 15.65
RCW.
fairs and youth shows, director's duties relating to: Chapter 15.76 RCW.
pest districts: Chapter 17.12 RCW.
Animal
carcasses, disposal: Chapter 16.68 RCW.
health: Chapter 16.36 RCW.
Apiaries act: Chapter 15.60 RCW.
Apiculture division: RCW 15.60.010.
Apple commission: Chapter 15.24 RCW.
Chief assistants: RCW 43.17.040.
Cold storage food lockers: Chapter 19.32 RCW.
Commercial feed law, director's duties relating to: Chapter 15.53 RCW.
Commission merchants: Chapter 20.01 RCW.
Control of pet animals infected with diseases communicable to humans,
director's duties: Chapter 16.70 RCW.
Dairies and dairy products, director's duties relating to: Chapter 15.36
RCW.
Department created: RCW 43.17.010.
Drugs, food and cosmetics act: Chapter 69.04 RCW.
Eggs and egg products, duties concerning: Chapter 69.25 RCW.
Fair fund, horse racing moneys, disposition: RCW 15.76.115.
Farm labor
contractors: Chapter 19.30 RCW.
director may aid in obtaining and employment of: RCW 15.64.010.
unemployment compensation: RCW 50.04.150.
Farm marketing act, powers and duties under, generally: Chapter 15.64
RCW.
Food, drug and cosmetic act, duties under: Chapter 69.04 RCW.
Grades and packs, generally, standards of, duties relating to: Chapters
15.04, 15.17 RCW.
Honey, enforcement powers and duties: Chapter 69.28 RCW.
Horticultural plants and facilities, inspection and licensing of, duties relating to: Chapter 15.13 RCW.
Inspection, duties relating to generally: Chapter 15.04 RCW.
International marketing program for agricultural commodities and trade
center: RCW 28B.30.535 through 28B.30.543.
Livestock
identification: Chapter 16.57 RCW.
markets: Chapter 16.65 RCW.
Marketing, director's duties relating to: Chapters 15.64, 15.65, 15.66 RCW.
Milk, fluid milk act, director's duties relating to: Chapter 15.36 RCW.
Milk and milk products for animal food act, duties relating to: Chapter
15.37 RCW.
Minimum flows and levels—Departmental authority exclusive—Other recommendations considered: RCW 90.03.247.
Oath: RCW 43.17.030.
[Title 43 RCW—page 183]
43.23.001
Title 43 RCW: State Government—Executive
Office maintained at state capital: RCW 43.17.050.
Pesticide application act: Chapter 17.21 RCW.
Pesticide control act, director's duties under: Chapter 15.58 RCW.
Planting stock act, powers and duties relating to: Chapter 15.14 RCW.
Poisons, enforcement of
caustic or corrosive poison act: RCW 69.36.040.
chapter relating to: RCW 69.40.025.
Powers and duties generally: RCW 43.17.030, chapter 43.23 RCW.
Predatory birds, controlled by: RCW 15.04.110, 15.04.120.
Rule-making power: RCW 43.17.060.
Rural rehabilitation program, director's duties relating to: Chapter 15.70
RCW.
Seeds, director's duties relating to: Chapter 15.49 RCW.
Soil conservation: Chapter 89.08 RCW.
State fairs commission: Chapter 15.76 RCW.
State international trade fairs, duties relating to: RCW 43.31.800 through
43.31.850.
State trade fair fund, horse racing moneys, disposition: RCW 43.31.805.
Vacancy: RCW 43.17.020, 43.17.040.
Weighing commodities in highway transport—Weighmasters, director's
duties relating to: Chapter 15.80 RCW.
provided in RCW 41.06.070(1)(g), and shall be paid salaries
to be fixed by the governor in accordance with the procedure
established by law for the fixing of salaries for officers
exempt from the operation of the state civil service law. The
director shall also appoint and deputize a state veterinarian
who shall be an experienced veterinarian properly licensed to
practice veterinary medicine in this state.
The director of agriculture shall have charge and general
supervision of the department and may assign supervisory
and administrative duties other than those specified in RCW
43.23.070 to the division which in his or her judgment can
most efficiently carry on those functions. [2002 c 354 § 244;
1990 c 37 § 1; 1983 c 248 § 3; 1967 c 240 § 1; 1965 c 8 §
43.23.010. Prior: 1951 c 170 § 1; 1921 c 7 § 83; RRS §
10841.]
Short title—Headings, captions not law—Severability—2002 c 354:
See RCW 41.80.907 through 41.80.909.
Severability—1967 c 240: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1967 c 240 § 52.]
Apiary advisory committee: RCW 15.60.010.
43.23.001 Definitions. For purposes of this chapter:
(1) "Department" means department of agriculture;
(2) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or
not incorporated. [1995 c 374 § 61.]
43.23.001
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
43.23.002 Director—Appointment—Powers and
duties—Salary. The executive and administrative head of
the department of agriculture shall be the director. The director shall be appointed by the governor with the consent of the
senate and shall have complete charge of and supervisory
power over the department. The director shall be paid a salary
fixed by the governor in accordance with RCW 43.03.040.
[1983 c 248 § 1.]
43.23.015
43.23.015 Divisions of department—Reassignment of
division functions. Except for the functions specified in
RCW 43.23.070, the director may, at his discretion, reassign
any of the functions delegated to the various divisions of the
department under the provisions of this chapter or any other
law to any other division of the department. [1983 c 248 § 4;
1967 c 240 § 15.]
43.23.002
43.23.005 Deputy director—Appointment—Powers
and duties. The director of agriculture may appoint a deputy
director who shall assist the director in the administration of
the affairs of the department and who shall have charge and
general supervision of the department in the absence or disability of the director, and who, in case a vacancy occurs in
the office of director, shall continue in charge of the department until a director is appointed and qualified, or the governor appoints an acting director. [1983 c 248 § 2; 1967 c 240
§ 14.]
43.23.005
43.23.010 Divisions of department—Assistant directors—State veterinarian—Salaries—Assignment of
duties. In order to obtain maximum efficiency and effectiveness within the department of agriculture, the director may
create such administrative divisions within the department as
he or she deems necessary. The director shall appoint a deputy director as well as such assistant directors as shall be
needed to administer the several divisions within the department. The director shall appoint no more than eight assistant
directors. The officers appointed under this section are
exempt from the provisions of the state civil service law as
43.23.010
[Title 43 RCW—page 184]
43.23.025
43.23.025 Rule-making authority. For rules adopted
after July 23, 1995, the director of agriculture may not rely
solely on a section of law stating a statute's intent or purpose,
on the enabling provisions of the statute establishing the
agency, or on any combination of such provisions, for statutory authority to adopt any rule. [1995 c 403 § 104.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.23.030
43.23.030 Powers and duties. The director of agriculture shall exercise all the powers and perform all the duties
relating to the development of markets, for agricultural products, state and federal cooperative marketing programs, land
utilization for agricultural purposes, water resources, transportation, and farm labor as such matters relate to the production, distribution and sale of agricultural commodities including private sector cultured aquatic products as defined in
RCW 15.85.020. [1985 c 457 § 15; 1983 c 248 § 5; 1967 c
240 § 3; 1965 c 8 § 43.23.030. Prior: (i) 1921 c 7 § 90; RRS
§ 10848. (ii) 1937 c 90 § 10; RRS § 10847-1.]
Fair commission: Chapter 15.76 RCW.
Farm marketing: Chapters 15.64, 15.65, 15.66 RCW.
43.23.033
43.23.033 Funding staff support for commodity
boards and commissions—Rules. (1) The director may
provide by rule for a method to fund staff support for all commodity boards and commissions if a position is not directly
funded by the legislature.
(2004 Ed.)
Department of Agriculture
(2) Staff support funded under this section and RCW
15.65.047(1)(c), 15.66.055(3), 15.24.215, 15.26.265,
15.28.320, 15.44.190, 15.88.180, and 16.67.190 shall be limited to one-half full-time equivalent employee for all commodity boards and commissions. [2002 c 313 § 78.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
43.23.035
43.23.035 Powers and duties—State agricultural
market development programs and activities. The department of agriculture is hereby designated as the agency of
state government for the administration and implementation
of state agricultural market development programs and activities, both domestic and foreign, and shall, in addition to the
powers and duties otherwise imposed by law, have the following powers and duties:
(1) To study the potential marketability of various agricultural commodities of this state in foreign and domestic
trade;
(2) To collect, prepare, and analyze foreign and domestic
market data;
(3) To establish a program to promote and assist in the
marketing of Washington-bred horses: PROVIDED, That
the department shall present a proposal to the legislature no
later than December 1, 1986, that provides for the elimination
of all state funding for the program after June 30, 1989;
(4) To encourage and promote the sale of Washington's
agricultural commodities and products at the site of their production through the development and dissemination of referral maps and other means;
(5) To encourage and promote those agricultural industries, such as the wine industry, which attract visitors to rural
areas in which other agricultural commodities and products
are produced and are, or could be, made available for sale;
(6) To encourage and promote the establishment and use
of public markets in this state for the sale of Washington's
agricultural products;
(7) To maintain close contact with foreign firms and
governmental agencies and to act as an effective intermediary
between foreign nations and Washington traders;
(8) To publish and disseminate to interested citizens and
others information which will aid in carrying out the purposes of chapters 43.23, 15.64, 15.65, and 15.66 RCW;
(9) To encourage and promote the movement of foreign
and domestic agricultural goods through the ports of Washington;
(10) To conduct an active program by sending representatives to, or engaging representatives in, foreign countries to
promote the state's agricultural commodities and products;
(11) To assist and to make Washington agricultural concerns more aware of the potentials of foreign trade and to
encourage production of those commodities that will have
high export potential and appeal;
(12) To coordinate the trade promotional activities of
appropriate federal, state, and local public agencies, as well
as civic organizations; and
(13) To develop a coordinated marketing program with
the department of community, trade, and economic development, utilizing existing trade offices and participating in
mutual trade missions and activities.
(2004 Ed.)
43.23.050
As used in this section, "agricultural commodities"
includes products of both terrestrial and aquatic farming.
[1995 c 399 § 70; 1986 c 202 § 1; 1985 c 159 § 3.]
Severability—1986 c 202: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 202 § 7.]
Legislative declaration and intent—1985 c 159: "The legislature
declares that:
(1) Marketing is a dynamic and changing part of Washington agriculture and a vital element in expanding the state economy.
(2) The export of agricultural products produced in Washington state
contributes substantial benefits to the economic base of the state, provides a
large number of jobs and sizeable tax revenues to state and local governments, provides an important stabilizing effect on prices received by agricultural producers, and contributes to the United States balance of trade.
(3) State government should play a significant role in the development
and expansion of markets for Washington grown and processed agricultural
and food products.
(4) In order for state government to serve the best interests of agriculture in the area of market development, the role of state government in this
area must be clearly defined.
(5) The department of agriculture, the department of commerce and
economic development, and the IMPACT center at Washington State University, each possesses its own unique body of knowledge, expertise, and
relationships that, when combined and applied in a logical and cooperative
manner, will benefit the agricultural industry and the overall state economy
and will provide a powerful force to seek aggressively new domestic and
international markets for Washington's agricultural products.
It is the intent of the legislature to establish an organized agricultural
market development function within state government with clearly defined
areas of responsibility which will be responsive to the state's agricultural and
food products industries' needs, without duplicating established private sector marketing efforts." [1985 c 159 § 1.]
43.23.037
43.23.037 Publishing and dissemination costs—
Deposit of proceeds. The director may collect moneys to
recover the reasonable costs of publishing and disseminating
informational materials by the department. Materials may be
disseminated in printed or electronic format. All moneys collected shall be deposited in the agricultural local fund or other
appropriate fund administered by the director. [1997 c 303 §
5.]
Findings—1997 c 303: See note following RCW 43.135.055.
43.23.042
43.23.042 Consultation with commodity commissions. The director may consult with each commodity commission established under state law in order to establish or
maintain an integrated comprehensive regulatory scheme for
each commodity and the agricultural industry in this state as
a whole. [2002 c 313 § 112.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
43.23.050
43.23.050 Powers and duties. The director of agriculture shall:
(1) Exercise all the powers and perform all the duties
prescribed by law relating to horticulture, and horticultural
plants and products;
(2) Enforce and supervise the administration of all laws
relating to horticulture, horticultural products, and horticultural interests. [1983 c 248 § 6; 1967 c 240 § 5; 1965 c 8 §
43.23.050. Prior: 1921 c 7 § 91; RRS § 10849.]
Horticultural
pests and diseases: Chapter 15.08 RCW.
plants and facilities: Chapter 15.13 RCW.
[Title 43 RCW—page 185]
43.23.070
Title 43 RCW: State Government—Executive
43.23.070
43.23.070 Powers and duties of state veterinarian.
The state veterinarian shall exercise all the powers and perform all duties prescribed by law relating to diseases among
animals and the quarantine and destruction of diseased animals.
The state veterinarian shall enforce and supervise the
administration of all laws relating to meat inspection, the prevention, detection, control and eradication of diseases of animals, and all other matters relative to the diseases of livestock
and their effect upon the public health. [1998 c 8 § 20; 1983
c 248 § 7; 1967 c 240 § 7; 1965 c 8 § 43.23.070. Prior: 1943
c 56 § 1; 1921 c 7 § 92; Rem. Supp. 1943 § 10850.]
Animal health: Chapter 16.36 RCW.
Dairies and dairy products: Chapter 15.36 RCW.
Diseased animals: Chapter 16.36 RCW.
43.23.090
43.23.090 Powers and duties. The director of agriculture shall exercise all powers and perform all duties prescribed by law with respect to the inspection of foods, food
products, drinks, milk and milk products, and dairies and
dairy products and the components thereof.
He shall enforce and supervise the administration of all
laws relating to foods, food products, drinks, milk and milk
products, dairies and dairy products, and their inspection,
manufacture, and sale. [1983 c 248 § 8; 1967 c 240 § 9; 1965
c 8 § 43.23.090. Prior: 1921 c 7 § 93; RRS § 10851.]
Commercial feed law: Chapter 15.53 RCW.
Eggs and egg products: Chapter 69.25 RCW.
Food, drugs and cosmetics: Chapter 69.04 RCW.
Honey: Chapter 69.28 RCW.
Weighing commodities in highway transport: Chapter 15.80 RCW.
Weights and measures: Chapter 19.94 RCW.
43.23.110
43.23.110 Powers and duties. The director of agriculture shall exercise all powers and perform all duties prescribed by law with respect to grains, grain and hay products,
grain and terminal warehouses, commercial feeds, commercial fertilizers, and chemical pesticides.
He shall enforce and supervise the administration of all
laws relating to grains, grain and hay products, grain and terminal warehouses, commercial feeds, commercial fertilizers,
and chemical pesticides. [1983 c 248 § 9; 1967 c 240 § 11;
1965 c 8 § 43.23.110. Prior: 1921 c 7 § 94; RRS § 10852.]
Commercial fertilizers: Chapter 15.54 RCW.
account of all matters pertaining to his department and its
administration. [1977 c 75 § 51; 1965 c 8 § 43.23.130. Prior:
(i) 1919 c 126 § 1, part; 1913 c 60 § 6, part; RRS § 2724, part.
(ii) 1921 c 7 § 89, part; RRS § 10847, part.]
43.23.160
43.23.160 Powers and duties. The director of agriculture shall exercise all the powers and perform all the duties
prescribed by law relating to commission merchants, livestock identification, livestock brand registration and inspection. All officers appointed to enforce these laws who have
successfully completed a course of training prescribed by the
Washington state criminal justice training commission shall
have the authority generally vested in a peace officer solely
for the purpose of enforcing these laws.
He shall enforce and supervise the administration of all
laws relating to commission merchants, livestock identification and shall have the power to enforce all laws relating to
any division under the supervision of the director of agriculture. [1983 c 248 § 10; 1967 c 240 § 13. Prior: 1965 c 8 §
43.23.160; prior: 1951 c 170 § 3.]
43.23.170
43.23.170 Enforcement in accordance with RCW
43.05.100 and 43.05.110. Enforcement action taken after
July 23, 1995, by the director or the department of agriculture
shall be in accordance with RCW 43.05.100 and 43.05.110.
[1995 c 403 § 623.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.23.200
43.23.200 Official chemists of department—Designated—Duties. The chief chemist of the department of agriculture dairy and food laboratory and the chief chemist of the
department of agriculture chemical and hop laboratory shall
be the official chemists of the department of agriculture. Official chemists of the department shall provide laboratory services and analyze all substances that the director of agriculture may send to them and report to the director without
unnecessary delay the results of any analysis so made. When
called upon by the director, they or any of the additional
chemists provided for pursuant to RCW 43.23.205 shall
assist in any prosecution for the violation of any law enforced
by the department. [1987 c 393 § 14; 1981 c 297 § 27.]
Severability—1981 c 297: See note following RCW 15.36.201.
Grain and terminal warehouses: Chapter 22.09 RCW.
Quarantine: Chapter 17.24 RCW.
Seeds: Chapter 15.49 RCW.
Weeds: Chapters 17.04 and 17.06 RCW.
43.23.120
43.23.120 Bulletins and reports. The director of agriculture may publish and distribute bulletins and reports
embodying information upon the subjects of agriculture, horticulture, livestock, dairying, foods and drugs, and other matters pertaining to his department. [1977 c 75 § 50; 1965 c 8 §
43.23.120. Prior: (i) 1919 c 126 § 1, part; 1913 c 60 § 6, part;
RRS § 2724, part. (ii) 1921 c 7 § 89, part; RRS § 10847, part.]
43.23.130
43.23.130 Annual report. The director of agriculture
shall make an annual report to the governor containing an
[Title 43 RCW—page 186]
43.23.205
43.23.205 Additional chemists—Appointment—
Duties—Compensation. The director of agriculture may
appoint one or more competent graduate chemists to serve as
additional chemist of the department of agriculture, who may
perform any of the duties required of and under the supervision of the official chemists, and whose compensation shall
be fixed by the director. [1981 c 297 § 28.]
Severability—1981 c 297: See note following RCW 15.36.201.
43.23.220
43.23.220 Disposition of impounded livestock on
Hanford reservation—Agreements to act as federal government's agent. The director of agriculture may enter written agreements with one or more agencies of the United
States to act as the federal government's agent for determin(2004 Ed.)
Department of Agriculture
ing the disposition of livestock impounded on the federal
Hanford reservation. The director's authority under such an
agreement may include, but is not limited to, selling or donating, on behalf of the federal government, unclaimed livestock
to a qualified person, organization, or governmental agency
that the director determines to be capable of humanely transporting and caring for the livestock. The director may sell or
donate such livestock only if the livestock remains unclaimed
after the completion of a reasonable attempt to ascertain ownership and, if ownership is not otherwise determined, by the
publication of notice that the livestock has been impounded
on the reservation. [1983 c 248 § 12.]
43.23.230
43.23.230 Agricultural local fund. The agricultural
local fund is hereby established in the custody of the state
treasurer. The fund shall consist of such money as is directed
by law for deposit in the fund, and such other money not subject to appropriation that the department authorizes to be
deposited in the fund. Any money deposited in the fund, the
use of which has been restricted by law, may only be
expended in accordance with those restrictions. The department may make disbursements from the fund. The fund is not
subject to legislative appropriation. [1988 c 254 § 1.]
43.23.240
43.23.240 Senior environmental corps—Department
powers and duties. (1) The department of agriculture shall
have the following powers and duties in carrying out its
responsibilities for the senior environmental corps created
under RCW 43.63A.247:
Appoint a representative to the coordinating council;
Develop project proposals;
Administer project activities within the agency;
Develop appropriate procedures for the use of volunteers;
Provide project orientation, technical training, safety
training, equipment, and supplies to carry out project activities;
Maintain project records and provide project reports;
Apply for and accept grants or contributions for corps
approved projects; and
With the approval of the council, enter into memoranda
of understanding and cooperative agreements with federal,
state, and local agencies to carry out corps approved projects.
(2) The department shall not use corps volunteers to displace currently employed workers. [1992 c 63 § 8.]
Severability—1992 c 63: See note following RCW 43.63A.240.
43.23.270
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
43.23.255
43.23.255 Assessments levied by director—Personal
debt—Costs of collecting—Civil actions authorized—
Attorneys' fees. Except as otherwise specified by law, any
due and payable assessment levied under the authority of the
director or his or her designee in such specified amount as
may be determined by the department shall constitute a personal debt of every person so assessed or who otherwise owes
the same, and the same shall be due and payable to the department when payment is called for by the department. In the
event any person fails to pay the department the full amount
of such assessment or such other sum on or before the date
due, the department may, and is hereby authorized to, add to
such unpaid assessment or other sum an amount not exceeding ten percent of the same to defray the cost of enforcing the
collecting of the same. In the event of failure of such person
or persons to pay any such due and payable assessment or
other sum, the department may bring a civil action against
such person or persons in a court of competent jurisdiction
for the collections thereof, including all costs and reasonable
attorneys' fees together with the above specified ten percent,
and such action shall be tried and judgment rendered as in
any other cause of action for debt due and payable. [1995 c
374 § 63.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
43.23.260
43.23.260 Interest on unpaid balances. Except as otherwise specified by law, the department is authorized to
charge interest at the rate authorized under RCW 43.17.240
for all unpaid balances for moneys owed to the department.
[1995 c 374 § 64.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
43.23.265
43.23.265 Dishonored check or negotiable instrument. Except as otherwise specified by law, in the event a
check or negotiable instrument as defined by RCW 62A.3104 is dishonored by nonacceptance or nonpayment, the
department is entitled to collect a reasonable handling fee for
each instrument. If the check or instrument is not paid within
fifteen days and proper notice is sent, the department is
authorized to recover the assessment, the handling fee, and
any other charges allowed by RCW 62A.3-515. [1995 c 374
§ 65.]
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
43.23.250
43.23.250 Collection of unpaid penalties, assessments, and debts—Use of collection agencies. Except as
otherwise specified by law, the director or his or her designee
has the authority to retain collection agencies licensed under
chapter 19.16 RCW for the purposes of collecting unpaid
penalties, assessments, and other debts owed to the department.
The director or his or her designee may also collect as
costs moneys paid to the collection agency as charges, or in
the case of credit cards or financial instruments, such as
checks returned for nonpayment, moneys paid to financial
institutions. [1995 c 374 § 62.]
(2004 Ed.)
43.23.270
43.23.270 Export market development project
records—Confidentiality. Except for release of statistical
information not descriptive of any readily identifiable person
or persons, all financial and commercial information and
records supplied by persons to the department with respect to
export market development projects shall be kept confidential unless confidentiality is waived by the party supplying
the information. For purposes of this section, persons include
any natural person, joint venture, firm, partnership or association, private or public corporation, or governmental entity.
[1996 c 80 § 2.]
[Title 43 RCW—page 187]
43.23.275
Title 43 RCW: State Government—Executive
43.23.275 Market development and promotion
matching fund program. There is created a market development and promotion matching fund program within the
Washington state department of agriculture. The purpose of
the program is to allow the department of agriculture and the
agricultural industry to combine funds in order to enhance
access to markets that are growth sales areas for the industry's
product. The goal of the program is to expose buyers to
Washington's diverse agricultural products. The agriculture
[agricultural] industry may bring in buying missions, perform
trade promotions in various markets, hire overseas contractors, and perform other marketing functions that help it target
the correct buyer and market for its product. [2001 c 324 §
2.]
43.23.275
Findings—Intent—2001 c 324: "The legislature finds that the growing
and processing of food and agricultural products is the dominant industry in
Washington state and a major employer in rural Washington. The legislature
also finds that agriculture is a critical component of Washington's international trade industry, accounting for billions of dollars in exports every year.
The legislature further finds that the export market for Washington's
agricultural products has dropped significantly in recent years and that such
a drop has negatively impacted the economy in Washington's agricultural
regions. Therefore, it is the intent of the legislature to enhance Washington's
international trade of agricultural products by increasing funding for the
Washington state department of agriculture's international marketing program in an effort to promote marketing of Washington's products and to
assist the agricultural industry in efforts to reduce trade barriers that stand in
the way of trade in new and emerging markets." [2001 c 324 § 1.]
43.24.090
43.24.112
43.24.115
43.24.120
43.24.125
43.24.130
43.24.140
Examination of handicapped persons.
Suspension of license—Noncompliance with support order—
Reissuance.
Director's duties as to refusal, revocation or suspension of
licenses—Performance by assistants.
Appeal—Further review.
Enforcement in accordance with RCW 43.05.100 and
43.05.110.
License moratorium for persons in service.
Extension or modification of licensing, certification, or registration period authorized—Rules and regulations, manner
and content.
Applications for licenses, discrimination to require disclosure of race or
religion in—Penalty: RCW 43.01.100.
Corporation doing business without license, penalty: RCW 9.24.040.
Department created: RCW 46.01.020, 43.17.010.
Drivers' training schools, director's powers and duties relating to: Chapter
46.82 RCW.
Emergency management workers, licensing requirements waived during
emergency: RCW 38.52.180.
For-hire vehicles, certificates and operators' permits, director's powers and
duties relating to: Chapter 46.72 RCW.
Gambling commission, administrator and staff for: RCW 9.46.080.
Health, department of, functions transferred to: RCW 43.70.901.
Jury source list—Master jury list—Creation—Adoption of rules for implementation of methodology and standards by agencies: RCW 2.36.054
and 2.36.0571.
Marine recreation land act, duties: Chapter 79A.25 RCW.
Massachusetts trusts, rules and regulations by director: RCW 23.90.040.
43.23.280
43.23.280 Trade barrier matching fund program. (1)
The legislature finds that trade barriers have become an
increasingly important issue in the agricultural arena. Further, the world trade organization highlighted the need for "a
fair and level playing field." The legislature finds that both
large and small commodity groups need adequate resources
to address trade barrier issues.
(2) There is created within the department of agriculture
a trade barrier matching fund program to assist agriculture
[agricultural] industries in fighting trade barriers. The purpose of the program is to allow the department of agriculture
and the agricultural industry to combine funds in order to
address trade barriers issues impacting the agricultural industry. [2001 c 324 § 3.]
Findings—Intent—2001 c 324: See note following RCW 43.23.275.
Chapter 43.24
Chapter 43.24 RCW
DEPARTMENT OF LICENSING
Sections
43.24.001
43.24.005
43.24.016
43.24.020
43.24.023
43.24.030
43.24.040
43.24.060
43.24.065
43.24.080
43.24.084
43.24.085
43.24.086
Department of licensing—Creation—Director—Powers,
duties, and functions—Personnel.
Director—Appointment—Salary.
Powers and duties—Generally.
Powers and duties—Licensing.
Rule-making authority.
"License" defined.
Forms to be prescribed.
Examinations—Committees—Duties, compensation, travel
expenses.
Appointment of temporary additional members of boards and
committees for administration and grading of examinations.
Issuance of licenses.
Professional licenses—Use of social security numbers and
drivers' license numbers prohibited.
License or registration fees for businesses, occupations and
professions—Policy—Maximum fees—Determination.
Fee policy for professions, occupations, and businesses—
Determination by rule.
[Title 43 RCW—page 188]
Motor vehicles
accident reports, tabulation and analysis of to be available to: RCW
46.52.060.
administration by director of licensing: RCW 46.01.030, 46.01.040.
agents of: RCW 46.01.130, 46.01.140.
amateur radio operators with special license plates, director to furnish
lists of: RCW 46.16.340.
annual reports to governor: RCW 46.01.290.
certified copies of departmental records relating to, department to furnish: RCW 46.01.250.
departmental records relating to, destruction of: RCW 46.01.260.
financial responsibility act, director's powers and duties under: Chapter
46.29 RCW.
general powers of director: RCW 46.01.130.
lighting and other vehicle equipment, director's powers and duties relating to: Chapter 46.37 RCW.
motor vehicle dealer's licenses, director's powers and duties relating to:
Chapter 46.70 RCW.
motor vehicle fuel tax, duties concerning: Chapter 82.36 RCW.
motor vehicle fund moneys distributed to: RCW 46.68.090.
motor vehicle revenue, director's powers and duties relating to: Chapter
46.68 RCW.
motor vehicle transporters' licenses, director's powers and duties relating
to: Chapter 46.76 RCW.
safety responsibility act, director's powers and duties relating to: Chapter
46.29 RCW.
vehicle and operator licensing, rules for: RCW 46.01.110.
vehicle wreckers' licensing, director's powers and duties relating to:
Chapter 46.80 RCW.
Oath of director: RCW 43.17.030.
Offices of department maintained at state capital: RCW 43.17.050.
Powers and duties of director: RCW 43.17.030, 43.24.020, chapter 46.01
RCW.
Rules of department: RCW 43.17.060, 46.01.110.
Seal: RCW 46.01.170.
Securities act, licensing requirements: Chapter 21.20 RCW.
Vacancies in department: RCW 43.17.020, 43.17.040.
Veterans, motor vehicle license issued free to disabled: RCW 73.04.110.
Veterans' preferences, qualifications for: RCW 73.04.090.
(2004 Ed.)
Department of Licensing
43.24.001 Department of licensing—Creation—
Director—Powers, duties, and functions—Personnel.
See chapter 46.01 RCW.
43.24.001
43.24.060
Powers, duties and functions of director and department of licensing: Chapter 46.01 RCW.
43.24.023
43.24.005 Director—Appointment—Salary. The
director of licensing shall be appointed by the governor with
the consent of the senate and shall serve at the pleasure of the
governor. The director shall receive a salary in an amount
fixed by the governor in accordance with RCW 43.03.040.
[1999 c 240 § 3.]
43.24.005
43.24.023 Rule-making authority. For rules adopted
after July 23, 1995, the director of the department of licensing
may not rely solely on a section of law stating a statute's
intent or purpose, on the enabling provisions of the statute
establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule, except rules
defining or clarifying terms in, or procedures necessary to the
implementation of, a statute. [1995 c 403 § 107.]
43.24.016
43.24.016 Powers and duties—Generally. (1) The
director of licensing shall supervise and administer the activities of the department of licensing and shall advise the governor and the legislature with respect to matters under the
jurisdiction of the department.
(2) In addition to other powers and duties granted to the
director, the director has the following powers and duties:
(a) Enter into contracts on behalf of the state to carry out
the responsibilities of the department;
(b) Accept and expend gifts and grants, whether such
grants be of federal or other funds;
(c) Appoint a deputy director and such assistant directors, special assistants, and administrators as may be needed
to administer the department. These employees are exempt
from the provisions of chapter 41.06 RCW;
(d) Adopt rules in accordance with chapter 34.05 RCW
and perform all other functions necessary to carry out the
responsibilities of the department;
(e) Delegate powers, duties, and functions as the director
deems necessary for efficient administration, but the director
is responsible for the official acts of the officers and employees of the department; and
(f) Perform other duties as are necessary and consistent
with law.
(3) The director may establish advisory groups as may be
necessary to carry out the responsibilities of the department.
(4) The internal affairs of the department shall be under
the control of the director in order that the director may manage the department in a flexible and intelligent manner as dictated by changing contemporary circumstances. Unless specifically limited by law, the director shall have complete
charge and supervisory powers over the department. The
director may create such administrative structures as the
director deems appropriate, except as otherwise specified by
law, and the director may employ such personnel as may be
necessary in accordance with chapter 41.06 RCW, except as
otherwise provided by law. [1999 c 240 § 4.]
43.24.020 Powers and duties—Licensing. In addition
to other powers and duties granted to the department, the
director of licensing shall administer all laws with respect to
the examination of applicants for, and the issuance of,
licenses to persons to engage in any business, profession,
trade, occupation, or activity except for health professions.
[1999 c 240 § 1; 1994 c 92 § 496; 1989 1st ex.s. c 9 § 314;
1979 c 158 § 95; 1965 c 100 § 2; 1965 c 8 § 43.24.020. Prior:
(i) 1921 c 7 § 96; RRS § 10854. (ii) 1921 c 7 § 104; RRS §
10862. (iii) 1929 c 133 § 1; RRS § 5852-24.]
43.24.020
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
(2004 Ed.)
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.24.030
43.24.030 "License" defined. The word "license" shall
be construed to mean and include license, certificate of registration, certificate of qualification, certificate of competency,
certificate of authority, and any other instrument, by whatever name designated, authorizing the practice of a profession or calling, the carrying on of a business or occupation, or
the doing of any act required by law to be authorized by the
state. [1965 c 8 § 43.24.030. Prior: 1921 c 7 § 98; RRS §
10856.]
43.24.040
43.24.040 Forms to be prescribed. The director of
licensing shall prescribe the various forms of applications,
certificates, and licenses required by law. [1979 c 158 § 97;
1965 c 8 § 43.24.040. Prior: 1921 c 7 § 97; RRS § 10855.]
Application forms—Licenses—Mention of race or religion prohibited—Penalty: RCW 43.01.100.
Director to prescribe forms for applications, licenses, certificates: RCW
46.01.160.
43.24.060
43.24.060 Examinations—Committees—Duties,
compensation, travel expenses. (1) The director of licensing shall, from time to time, fix such times and places for
holding examinations of applicants as may be convenient,
and adopt general rules and regulations prescribing the
method of conducting examinations.
The governor, from time to time, upon the request of the
director of licensing, shall appoint examining committees,
composed of three persons possessing the qualifications provided by law to conduct examinations of applicants for
licenses to practice the respective professions or callings for
which licenses are required.
The committees shall prepare the necessary lists of
examination questions, conduct the examinations, which may
be either oral or written, or partly oral and partly written, and
shall make and file with the director of licensing lists, signed
by all the members conducting the examination, showing the
names and addresses of all applicants for licenses who have
successfully passed the examination, and showing separately
the names and addresses of the applicants who have failed to
pass the examination, together with all examination questions
and the written answers thereto submitted by the applicants.
Each member of a committee shall receive twenty-five
dollars per day for each day spent in conducting the examination and in going to and returning from the place of examina[Title 43 RCW—page 189]
43.24.065
Title 43 RCW: State Government—Executive
tion, and travel expenses, in accordance with RCW 43.03.050
and 43.03.060.
(2) The director of licensing may appoint advisory committees to advise the department regarding the preparation of
examinations for professional licensing and such other specific aspects of regulating the professions within the jurisdiction of the department as the director may designate. Such a
committee and its members shall serve at the pleasure of the
director.
Each member of an advisory committee shall be compensated in accordance with RCW 43.03.240 and shall
receive reimbursement for travel expenses incurred in attending meetings of the committee in accordance with RCW
43.03.050 and 43.03.060. [1984 c 287 § 78; 1982 c 227 § 15;
1979 c 158 § 98; 1975-'76 2nd ex.s. c 34 § 105; 1965 c 100 §
3; 1965 c 8 § 43.24.060. Prior: 1921 c 7 § 99; RRS § 10857.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—1982 c 227: See note following RCW 19.09.100.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
43.24.065
43.24.065 Appointment of temporary additional
members of boards and committees for administration
and grading of examinations. The director of licensing
may, at the request of a board or committee established under
Title 18 RCW under the administrative authority of the
department of licensing, appoint temporary additional members for the purpose of participating as members during the
administration and grading of practical examinations for
licensure, certification, or registration. The appointment shall
be for the duration of the examination specified in the
request. Individuals so appointed must meet the same minimum qualifications as regular members of the board or committee, including the requirement to be licensed, certified, or
registered. While serving as board or committee members,
persons so appointed have all the powers, duties, and immunities and are entitled to the emoluments, including travel
expenses in accordance with RCW 43.03.050 and 43.03.060,
of regular members of the board or committee. This authority
is intended to provide for more efficient, economical, and
effective examinations. [1985 c 116 § 1.]
43.24.080
43.24.080 Issuance of licenses. Except as provided in
RCW 43.24.112, at the close of each examination the department of licensing shall prepare the proper licenses, where no
further fee is required to be paid, and issue licenses to the successful applicants signed by the director and notify all successful applicants, where a further fee is required, of the fact
that they are entitled to receive such license upon the payment of such further fee to the department of licensing and
notify all applicants who have failed to pass the examination
of that fact. [1997 c 58 § 866; 1979 c 158 § 99; 1965 c 100 §
4; 1965 c 8 § 43.24.080. Prior: 1921 c 7 § 101; RRS §
10859.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
[Title 43 RCW—page 190]
43.24.084
43.24.084 Professional licenses—Use of social security numbers and drivers' license numbers prohibited.
Social security numbers and drivers' license numbers may not
be used as part of a professional license. Professional licenses
containing such information that are in existence on January
1, 2002, shall comply with this section by the next renewal
date. [2001 c 276 § 1.]
Effective date—2001 c 276: "This act takes effect January 1, 2002."
[2001 c 276 § 2.]
43.24.085
43.24.085 License or registration fees for businesses,
occupations and professions—Policy—Maximum fees—
Determination.
Reviser's note: RCW 43.24.085 was amended by 1983 c 75 § 17 without reference to its repeal by 1983 c 168 § 13. It has been decodified for publication purposes pursuant to RCW 1.12.025.
43.24.086
43.24.086 Fee policy for professions, occupations,
and businesses—Determination by rule. It shall be the policy of the state of Washington that the cost of each professional, occupational[,] or business licensing program be fully
borne by the members of that profession, occupation[,] or
business. The director of licensing shall from time to time
establish the amount of all application fees, license fees, registration fees, examination fees, permit fees, renewal fees,
and any other fee associated with licensing or regulation of
professions, occupations[,] or businesses, except for health
professions, administered by the department of licensing. In
fixing said fees, the director shall set the fees for each such
program at a sufficient level to defray the costs of administering that program. All such fees shall be fixed by rule adopted
by the director in accordance with the provisions of the
administrative procedure act, chapter 34.05 RCW. [1999 c
240 § 2; 1989 1st ex.s. c 9 § 315; 1987 c 467 § 7; 1983 c 168
§ 12.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1983 c 168: See RCW 18.120.910.
Regulation of health professions: Chapters 18.120 and 18.122 RCW.
43.24.090
43.24.090 Examination of handicapped persons. Any
person taking any written examination prescribed or authorized by law, for a license or permit to practice any trade,
occupation, or profession, who, because of any handicap, is
unable to write the examination himself, may dictate it to and
have it written or typed by another, to the same effect as
though the examination were written out by himself. Any
expense connected therewith shall be borne by the person
taking the examination. [1965 c 8 § 43.24.090. Prior: 1947 c
143 § 1; Rem. Supp. 1947 § 8265-20.]
43.24.112
43.24.112 Suspension of license—Noncompliance
with support order—Reissuance. The department shall
immediately suspend any license issued by the department of
licensing of a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order or
a *residential or visitation order. If the person has continued
to meet all other requirements for reinstatement during the
suspension, reissuance of the license shall be automatic upon
the department's receipt of a release issued by the department
(2004 Ed.)
Water Resources
of social and health services stating that the licensee is in
compliance with the order. [1997 c 58 § 869.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
43.24.115 Director's duties as to refusal, revocation
or suspension of licenses—Performance by assistants.
The director may deputize one or more of his assistants to
perform his duties with reference to refusal, revocation or
suspension of licenses, including the power to preside at
hearings and to render decisions therein subject to the
approval of the director. [1965 c 100 § 6.]
43.24.115
43.24.120 Appeal—Further review. Except as provided in RCW 43.24.112, any person feeling aggrieved by
the refusal of the director to issue a license, or to renew one,
or by the revocation or suspension of a license shall have a
right of appeal to superior court from the decision of the
director of licensing, which shall be taken, prosecuted, heard,
and determined in the manner provided in chapter 34.05
RCW.
The decision of the superior court may be reviewed by
the supreme court or the court of appeals in the same manner
as other civil cases. [1997 c 58 § 868; 1987 c 202 § 212; 1979
c 158 § 102; 1971 c 81 § 112; 1965 c 8 § 43.24.120. Prior:
1921 c 7 § 106; RRS § 10864.]
43.24.120
Rules of court: Writ procedure superseded by RAP 2.1, 2.2, 18.22.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Intent—1987 c 202: See note following RCW 2.04.190.
43.24.125 Enforcement in accordance with RCW
43.05.100 and 43.05.110. Enforcement action taken after
July 23, 1995, by the director or the department of licensing
shall be in accordance with RCW 43.05.100 and 43.05.110.
[1995 c 403 § 624.]
43.24.125
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.24.130 License moratorium for persons in service.
Notwithstanding any provision of law to the contrary, the
license of any person licensed by the director of licensing to
practice a profession or engage in an occupation, if valid and
in force and effect at the time the licensee entered service in
the armed forces or the merchant marine of the United States,
shall continue in full force and effect so long as such service
continues, unless sooner suspended, canceled, or revoked for
43.24.130
(2004 Ed.)
43.27A.020
cause as provided by law. The director shall renew the license
of every such person who applies for renewal thereof within
six months after being honorably discharged from service
upon payment of the renewal fee applicable to the then current year or other license period. [1979 c 158 § 103; 1965 c
8 § 43.24.130. Prior: 1945 c 112 § 1; 1943 c 108 § 1; RRS §
10864-1.]
43.24.140
43.24.140 Extension or modification of licensing, certification, or registration period authorized—Rules and
regulations, manner and content. Notwithstanding any
provision of law to the contrary which provides for a licensing period for any type of license subject to this chapter, the
director of licensing may, from time to time, extend or otherwise modify the duration of any licensing, certification, or
registration period, whether an initial or renewal period, if the
director determines that it would result in a more economical
or efficient operation of state government and that the public
health, safety, or welfare would not be substantially
adversely affected thereby. However, no license, certification, or registration may be issued or approved for a period in
excess of four years, without renewal. Such extension, reduction, or other modification of a licensing, certification, or registration period shall be by rule or regulation of the department of licensing adopted in accordance with the provisions
of chapter 34.05 RCW. Such rules and regulations may provide a method for imposing and collecting such additional
proportional fee as may be required for the extended or modified period. [1984 c 279 § 25; 1979 c 158 § 104; 1971 c 52
§ 1.]
Severability—1984 c 279: See RCW 18.130.901.
Chapter 43.27A
Chapter 43.27A RCW
WATER RESOURCES
Sections
43.27A.015 Powers, duties and functions of department of water resources,
director thereof, transferred to department of ecology.
43.27A.020 Definitions.
43.27A.090 Powers and duties of department.
43.27A.130 Department of ecology to inventory state water resources.
43.27A.190 Water resource orders.
43.27A.220 "Person" defined.
43.27A.900 Liberal construction.
43.27A.910 Severability—1967 c 242.
43.27A.015
43.27A.015 Powers, duties and functions of department of water resources, director thereof, transferred to
department of ecology. See RCW 43.21A.064.
43.27A.020
43.27A.020 Definitions. As used in this chapter, and
unless the context indicates otherwise, words and phrase shall
mean:
"Department" means the department of ecology;
"Director" means the director of ecology;
"State agency" and "state agencies" mean any branch,
department or unit of state government, however designated
or constituted;
"Water resources" means all waters above, upon, or
beneath the surface of the earth, located within the state and
over which the state has sole or concurrent jurisdiction.
[Title 43 RCW—page 191]
43.27A.090
Title 43 RCW: State Government—Executive
"Beneficial use" means, but its meaning shall not be limited to: Domestic water supplies; irrigation; fish, shellfish,
game, and other aquatic life; recreation; industrial water supplies; generation of hydroelectric power; and navigation.
[1987 c 109 § 31; 1967 c 242 § 2.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
43.27A.090
43.27A.090 Powers and duties of department. The
department shall be empowered as follows:
(1) To represent the state at, and fully participate in, the
activities of any basin or regional commission, interagency
committee, or any other joint interstate or federal-state
agency, committee or commission, or publicly financed
entity engaged in the planning, development, administration,
management, conservation or preservation of the water
resources of the state.
(2) To prepare the views and recommendations of the
state of Washington on any project, plan or program relating
to the planning, development, administration, management,
conservation and preservation of any waters located in or
affecting the state of Washington, including any federal permit or license proposal, and appear on behalf of, and present
views and recommendations of the state at any proceeding,
negotiation or hearing conducted by the federal government,
interstate agency, state or other agency.
(3) To cooperate with, assist, advise and coordinate plans
with the federal government and its officers and agencies,
and serve as a state liaison agency with the federal government in matters relating to the use, conservation, preservation, quality, disposal or control of water and activities
related thereto.
(4) To cooperate with appropriate agencies of the federal
government and/or agencies of other states, to enter into contracts, and to make appropriate contributions to federal or
interstate projects and programs and governmental bodies to
carry out the provisions of this chapter.
(5) To apply for, accept, administer and expend grants,
gifts and loans from the federal government or any other
entity to carry out the purposes of this chapter and make contracts and do such other acts as are necessary insofar as they
are not inconsistent with other provisions hereof.
(6) To develop and maintain a coordinated and comprehensive state water and water resources related development
plan, and adopt, with regard to such plan, such policies as are
necessary to insure that the waters of the state are used, conserved and preserved for the best interest of the state. There
shall be included in the state plan a description of developmental objectives and a statement of the recommended
means of accomplishing these objectives. To the extent the
director deems desirable, the plan shall integrate into the state
plan, the plans, programs, reports, research and studies of
other state agencies.
(7) To assemble and correlate information relating to
water supply, power development, irrigation, watersheds,
water use, future possibilities of water use and prospective
demands for all purposes served through or affected by water
resources development.
(8) To assemble and correlate state, local and federal
laws, regulations, plans, programs and policies affecting the
beneficial use, disposal, pollution, control or conservation of
[Title 43 RCW—page 192]
water, river basin development, flood prevention, parks, reservations, forests, wildlife refuges, drainage and sanitary systems, waste disposal, water works, watershed protection and
development, soil conservation, power facilities and area and
municipal water supply needs, and recommend suitable legislation or other action to the legislature, the congress of the
United States, or any city, municipality, or to responsible
state, local or federal executive departments or agencies.
(9) To cooperate with federal, state, regional, interstate
and local public and private agencies in the making of plans
for drainage, flood control, use, conservation, allocation and
distribution of existing water supplies and the development
of new water resource projects.
(10) To encourage, assist and advise regional, and city
and municipal agencies, officials or bodies responsible for
planning in relation to water aspects of their programs, and
coordinate local water resources activities, programs, and
plans.
(11) To promulgate such rules and regulations as are
necessary to carry out the purposes of this chapter.
(12) To hold public hearings, and make such investigations, studies and surveys as are necessary to carry out the
purposes of the chapter.
(13) To subpoena witnesses, compel their attendance,
administer oaths, take the testimony of any person under oath
and require the production of any books or papers when the
department deems such measures necessary in the exercise of
its rule-making power or in determining whether or not any
license, certificate, or permit shall be granted or extended.
[1988 c 127 § 25; 1967 c 242 § 9.]
43.27A.130
43.27A.130 Department of ecology to inventory state
water resources. The department of ecology may make
complete inventories of the state's water resources and enter
into such agreements with the director of the United States
geological survey as will insure that investigations and surveys are carried on in an economical manner. [1988 c 127 §
26; 1967 c 242 § 15.]
43.27A.190
43.27A.190 Water resource orders. Notwithstanding
and in addition to any other powers granted to the department
of ecology, whenever it appears to the department that a person is violating or is about to violate any of the provisions of
the following:
(1) Chapter 90.03 RCW; or
(2) Chapter 90.44 RCW; or
(3) Chapter 86.16 RCW; or
(4) Chapter 43.37 RCW; or
(5) Chapter 43.27A RCW; or
(6) Any other law relating to water resources administered by the department; or
(7) A rule or regulation adopted, or a directive or order
issued by the department relating to subsections (1) through
(6) of this section; the department may cause a written regulatory order to be served upon said person either personally,
or by registered or certified mail delivered to addressee only
with return receipt requested and acknowledged by him. The
order shall specify the provision of the statute, rule, regulation, directive or order alleged to be or about to be violated,
and the facts upon which the conclusion of violating or poten(2004 Ed.)
Department of Natural Resources
tial violation is based, and shall order the act constituting the
violation or the potential violation to cease and desist or, in
appropriate cases, shall order necessary corrective action to
be taken with regard to such acts within a specific and reasonable time. The regulation of a headgate or controlling works
as provided in RCW 90.03.070, by a watermaster, stream
patrolman, or other person so authorized by the department
shall constitute a regulatory order within the meaning of this
section. A regulatory order issued hereunder shall become
effective immediately upon receipt by the person to whom
the order is directed, except for regulations under RCW
90.03.070 which shall become effective when a written
notice is attached as provided therein. Any person aggrieved
by such order may appeal the order pursuant to RCW
43.21B.310. [1987 c 109 § 11; 1969 ex.s. c 284 § 7.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
PART 4
FUNDS
43.30.305
43.30.315
43.30.325
43.30.340
43.30.345
43.30.360
43.30.370
43.30.385
43.30.411
43.30.421
43.30.430
43.30.440
43.30.450
43.30.460
43.30.470
43.30.480
43.30.490
43.30.510
43.30.520
43.30.530
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
43.27A.900
43.27A.900 Liberal construction. The rule of strict
construction shall have no application to this chapter, but the
same shall be liberally construed, in order to carry out the
purposes and objectives for which this chapter is intended.
[1967 c 242 § 22.]
43.27A.910 Severability—1967 c 242. If any provision
of this chapter, or its application to any person or circumstance, is held invalid, the remainder of this chapter, or the
application to other persons or circumstances, is not affected.
[1967 c 242 § 21.]
Chapter 43.30
Chapter 43.30 RCW
DEPARTMENT OF NATURAL RESOURCES
Sections
PART 1
GENERAL
43.30.010
43.30.020
43.30.030
43.30.055
Purpose.
Definitions.
Department created.
Employees—Applicability of merit system.
PART 2
ORGANIZATION
43.30.105
43.30.155
Department to exercise powers and duties—Indemnification
of private parties.
Administrator.
Supervisor.
Oaths may be administered by supervisor and deputies.
Right of entry in course of duty by representatives of department.
Department to participate in and administer federal Safe
Drinking Water Act in conjunction with other departments.
Senior environmental corps.
Watershed restoration projects—Permit processing.
Cost-reimbursement agreements.
Administrator may designate substitute for member of board,
commission, etc.
Property transactions, restrictive conveyances, highway purpose—Existing law to continue.
Real property—Services and facilities available to other state
agencies, cost.
PART 6
DUTIES AND POWERS—MINING AND GEOLOGY
43.30.600
43.30.610
43.30.630
43.30.640
43.30.650
43.30.660
43.27A.910
Natural resources equipment fund—Authorized—Purposes—
Expenditure.
Natural resources equipment fund—Reimbursement.
Deposit of money and fees—Natural resources deposit fund—
Repayments.
Federal funds for management and protection of forests, forest
and range lands.
Federal funds for management and protection of forests, forest
and range lands—Disbursement of funds.
Clarke-McNary fund.
Cooperative farm forestry funds.
Park land trust revolving fund.
PART 5
POWERS AND DUTIES—GENERAL
43.27A.220
43.27A.220 "Person" defined. Whenever the word
"person" is used in RCW 43.27A.190, it shall be construed to
include any political subdivision, government agency,
municipality, industry, public or private corporation, copartnership, association, firm, individual or any other entity
whatsoever. [1988 c 127 § 27; 1969 ex.s. c 284 § 11.]
Chapter 43.30
State geological survey.
Mining.
Sealing of open holes and mine shafts.
Mine owners—Maps of property surface and underground
workings—Filing.
Gifts and bequests relating to mining.
Collection of minerals for exhibition.
PART 7
DUTIES AND POWERS—FORESTED LANDS
43.30.700
43.30.710
43.30.720
43.30.800
43.30.810
43.30.820
43.30.830
Powers of department—Forested lands.
Sale or exchange of tree seedling stock and tree seed—Provision of stock or seed to local governments or nonprofit organizations.
Use of proceeds specified.
Olympic natural resources center—Finding, intent.
Olympic natural resources center—Purpose, programs.
Olympic natural resources center—Administration.
Olympic natural resources center—Funding—Contracts.
Categories of trails—Policy statement as to certain state lands: RCW
79A.35.070.
Commissioner of public lands: Chapter 43.12 RCW, Title 79 RCW.
Disposition of off-road vehicle moneys: RCW 46.09.110.
Distribution of snowmobile registration fees: RCW 46.10.080.
Duties: RCW 50.70.050.
Forests and forest products: Title 76 RCW.
Infractions: Chapter 7.84 RCW.
Leases for onshore and offshore facilities: RCW 90.48.386.
(2004 Ed.)
Metals mining and milling operations, department of natural resources
responsibilities: Chapter 78.56 RCW.
PART 3
BOARD OF NATURAL RESOURCES
43.30.205
43.30.215
43.30.225
43.30.235
Administrator of department.
Supervisor of natural resources—Appointment.
Multiple use concept in management and administration of state-owned
lands: Chapter 79.10 RCW.
Board of natural resources—Composition.
Powers and duties of board.
Board's duties—Meetings—Organization.
Records—Rules.
Programs for dislocated forest products workers: Chapter 50.70 RCW.
Public lands: Title 79 RCW.
Refunds from motor vehicle fund of amounts taxed as off-road vehicle fuel—
Distribution—Use: RCW 46.09.170.
[Title 43 RCW—page 193]
43.30.010
Title 43 RCW: State Government—Executive
Sale, lease, and disposal of lands within Seashore Conservation Area: RCW
79A.05.630.
Treasurer's duty to refund snowmobile fuel tax to general fund—Crediting—
Use: RCW 46.10.150.
Trust lands—Periodic review to identify parcels appropriate for transfer to
parks and recreation commission: RCW 79A.05.220.
Wildlife and recreation lands; funding of maintenance and operation:
Chapter 79A.20 RCW.
43.30.155
43.30.155 Supervisor of natural resources—
Appointment. The supervisor shall be appointed by the
administrator with the advice and consent of the board. The
supervisor shall serve at the pleasure of the administrator.
[2003 c 334 § 105; 1965 c 8 § 43.30.060. Prior: 1957 c 38 §
6. Formerly RCW 43.30.060.]
Intent—2003 c 334: See note following RCW 79.02.010.
Youth development and conservation corps: Chapter 79A.05 RCW.
PART 3
BOARD OF NATURAL RESOURCES
PART 1
GENERAL
43.30.205
43.30.010
43.30.010 Purpose. The purpose of this chapter is to
provide for more effective and efficient management of the
forest and land resources in the state by consolidating into a
department of natural resources certain powers, duties and
functions of the division of forestry of the department of conservation and development, the board of state land commissioners, the state forest board, all state sustained yield forest
committees, director of conservation and development, state
capitol committee, director of licensing, secretary of state,
director of revenue, and commissioner of public lands. [1979
c 107 § 4; 1965 c 8 § 43.30.010. Prior: 1957 c 38 § 1.]
43.30.020
43.30.020 Definitions. For the purpose of this chapter,
except where a different interpretation is required by the context:
(1) "Department" means the department of natural
resources;
(2) "Board" means the board of natural resources;
(3) "Administrator" means the administrator of the
department of natural resources;
(4) "Supervisor" means the supervisor of natural
resources;
(5) "Agency" and "state agency" means any branch,
department, or unit of the state government, however designated or constituted;
(6) "Commissioner" means the commissioner of public
lands. [1965 c 8 § 43.30.020. Prior: 1957 c 38 § 2.]
43.30.030
43.30.030 Department created. The department of
natural resources is hereby created, to consist of a board of
natural resources, an administrator and a supervisor. [1965 c
8 § 43.30.030. Prior: 1957 c 38 § 3.]
43.30.055
43.30.055 Employees—Applicability of merit system.
All employees of the department shall be governed by any
merit system which is now or may hereafter be enacted by
law governing such employment. [2003 c 334 § 119; 1965 c
8 § 43.30.270. Prior: 1957 c 38 § 27. Formerly RCW
43.30.270.]
Intent—2003 c 334: See note following RCW 79.02.010.
PART 2
ORGANIZATION
43.30.105
43.30.105 Administrator of department. The commissioner of public lands shall be the administrator of the
department. [1965 c 8 § 43.30.050. Prior: 1957 c 38 § 5.
Formerly RCW 43.30.050.]
[Title 43 RCW—page 194]
43.30.205 Board of natural resources—Composition.
The board shall consist of six members: The governor or the
governor's designee, the superintendent of public instruction,
the commissioner of public lands, the dean of the college of
forest resources of the University of Washington, the dean of
the college of agriculture of Washington State University,
and a representative of those counties that contain state forest
lands acquired or transferred under RCW 79.22.010,
79.22.040, and 79.22.020.
The county representative shall be selected by the legislative authorities of those counties that contain state forest
lands acquired or transferred under RCW 79.22.010,
79.22.040, and 79.22.020. In the selection of the county representative, each participating county shall have one vote.
The Washington state association of counties shall conduct a
meeting for the purpose of making the selection and shall
notify the board of the selection. The county representative
shall be a duly elected member of a county legislative authority who shall serve a term of four years unless the representative should leave office for any reason. The initial term shall
begin on July 1, 1986. [2003 c 334 § 104; 1986 c 227 § 1;
1979 ex.s. c 57 § 9; 1965 c 8 § 43.30.040. Prior: 1957 c 38 §
4. Formerly RCW 43.30.040.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.215
43.30.215 Powers and duties of board. The board
shall:
(1) Perform duties relating to appraisal, appeal, approval,
and hearing functions as provided by law;
(2) Establish policies to ensure that the acquisition, management, and disposition of all lands and resources within the
department's jurisdiction are based on sound principles
designed to achieve the maximum effective development and
use of such lands and resources consistent with laws applicable thereto;
(3) Constitute the board of appraisers provided for in
Article 16, section 2 of the state Constitution;
(4) Constitute the commission on harbor lines provided
for in Article 15, section 1 of the state Constitution as
amended;
(5) Adopt and enforce rules as may be deemed necessary
and proper for carrying out the powers, duties, and functions
imposed upon it by this chapter. [2003 c 334 § 112; 1988 c
128 § 10; 1986 c 227 § 2; 1975-'76 2nd ex.s. c 34 § 107; 1965
c 8 § 43.30.150. Prior: 1957 c 38 § 15. Formerly RCW
43.30.150.]
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
(2004 Ed.)
Department of Natural Resources
43.30.225 Board's duties—Meetings—Organization.
The board shall:
(1) Hold regular monthly meetings at such times as it
may determine, and such special meetings as may be called
by the chair or majority of the board membership upon written notice to all members. However, the board may dispense
with any regular meetings, except that the board shall not dispense with two consecutive regular meetings;
(2) Employ and fix the compensation of technical, clerical, and other personnel as deemed necessary for the performance of its duties;
(3) Appoint such advisory committees as deemed appropriate to advise and assist it to more effectively discharge its
responsibilities. The members of such committees shall
receive no compensation, but are entitled to reimbursement
for travel expenses in attending committee meetings in accordance with RCW 43.03.050 and 43.03.060;
(4) Meet and organize on the third Tuesday of each January following a state general election at which the elected ex
officio members of the board are elected. The board shall
select its own chair. The commissioner of public lands shall
be the secretary of the board. The board may select a vicechair from among its members. In the absence of the chair
and vice-chair at a meeting of the board, the members shall
elect a chair pro tem. No action shall be taken by the board
except by the agreement of at least four members. The
department and the board shall maintain its principal office at
the capital;
(5) Be entitled to reimbursement individually for travel
expenses incurred in the discharge of their official duties in
accordance with RCW 43.03.050 and 43.03.060. [2003 c 334
§ 113.]
43.30.225
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.235
43.30.235 Records—Rules. (1) The board shall keep
its records in the office of the commissioner, and shall keep a
full and complete record of its proceedings relating to the
appraisal of lands granted for educational purposes.
(2) Records for all forest lands acquired by the state and
any lands owned by the state and designated as such by the
department must be maintained by the department as provided in RCW 79.22.030.
(3) The board shall have the power, from time to time, to
make and enforce rules for carrying out the provisions of this
title relating to its duties not inconsistent with law. [2003 c
334 § 304; 1988 c 128 § 51; 1982 1st ex.s. c 21 § 149; 1927 c
255 § 13; RRS § 7797-13. Formerly RCW 79.01.052,
43.65.020.]
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c
21: See RCW 79.96.901 through 79.96.905.
PART 4
FUNDS
43.30.305
43.30.305 Natural resources equipment fund—
Authorized—Purposes—Expenditure. A revolving fund
in the custody of the state treasurer, to be known as the natural resources equipment fund, is hereby created to be
expended by the department without appropriation solely for
the purchase of equipment, machinery, and supplies for the
(2004 Ed.)
43.30.325
use of the department and for the payment of the costs of
repair and maintenance of such equipment, machinery, and
supplies. [2003 c 334 § 120; 1965 c 8 § 43.30.280. Prior:
1963 c 141 § 1. Formerly RCW 43.30.280.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.315
43.30.315 Natural resources equipment fund—
Reimbursement. The natural resources equipment fund
shall be reimbursed by the department for all moneys
expended from it. Reimbursement may be prorated over the
useful life of the equipment, machinery, and supplies purchased by moneys from the fund. Reimbursement may be
made from moneys appropriated or otherwise available to the
department for the purchase, repair, and maintenance of
equipment, machinery, and supplies and shall be prorated on
the basis of relative benefit to the programs. For the purpose
of making reimbursement, all existing and hereafter acquired
equipment, machinery, and supplies of the department shall
be deemed to have been purchased from the natural resources
equipment fund. [2003 c 334 § 121; 1965 c 8 § 43.30.290.
Prior: 1963 c 141 § 2. Formerly RCW 43.30.290.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.325
43.30.325 Deposit of money and fees—Natural
resources deposit fund—Repayments. (1) The department
shall deposit daily all moneys and fees collected or received
by the commissioner and the department in the discharge of
official duties as follows:
(a) The department shall pay moneys received as
advance payments, deposits, and security from successful
bidders under RCW 79.15.100 and 79.11.150 to the state
treasurer for deposit under (b) of this subsection. Moneys
received from unsuccessful bidders shall be returned as provided in RCW 79.11.150;
(b) The department shall pay all moneys received on
behalf of a trust fund or account to the state treasurer for
deposit in the trust fund or account after making the deduction authorized under RCW *79.22.040, 79.22.050,
79.64.040, and 79.15.520;
(c) The natural resources deposit fund is hereby created.
The state treasurer is the custodian of the fund. All moneys
or sums which remain in the custody of the commissioner of
public lands awaiting disposition or where the final disposition is not known shall be deposited into the natural resources
deposit fund. Disbursement from the fund shall be on the
authorization of the commissioner or the commissioner's designee, without necessity of appropriation;
(d) If it is required by law that the department repay
moneys disbursed under (a) and (b) of this subsection the
state treasurer shall transfer such moneys, without necessity
of appropriation, to the department upon demand by the
department from those trusts and accounts originally receiving the moneys.
(2) Money shall not be deemed to have been paid to the
state upon any sale or lease of land until it has been paid to
the state treasurer. [2003 c 334 § 125; 2003 c 313 § 9; 1981
2nd ex.s. c 4 § 1; 1965 c 8 § 43.85.130. Prior: (i) 1911 c 51
§ 1; RRS § 5555. (ii) 1909 c 133 § 1, part; 1907 c 96 § 1, part;
RRS § 5501, part. Formerly RCW 43.85.130.]
[Title 43 RCW—page 195]
43.30.340
Title 43 RCW: State Government—Executive
Reviser's note: *(1) The reference to RCW 79.22.040 appears to be
incorrect. A reference to RCW 79.64.110 was apparently intended.
(2) This section was amended by 2003 c 313 § 9 and by 2003 c 334 §
125, each without reference to the other. Both amendments are incorporated
in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—2003 c 334: See note following RCW 79.02.010.
Findings—Severability—2003 c 313: See notes following RCW
79.15.500.
Moneys received and invested prior to December 1, 1981: "Moneys
received as deposits from successful bidders, advance payments, and security under RCW 79.01.132 and 79.01.204, which have been invested prior to
December 1, 1981, in time deposits, shall be subject to RCW 43.85.130 as
each time deposit matures." [1981 2nd ex.s. c 4 § 2.]
Severability—1981 2nd ex.s. c 4: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 2nd ex.s. c 4 § 16.]
43.30.340
43.30.340 Federal funds for management and protection of forests, forest and range lands. The department is
authorized to receive funds from the federal government for
cooperative work in management and protection of forests
and forest and range lands as may be authorized by any act of
Congress which is now, or may hereafter be, adopted for such
purposes. [2003 c 334 § 202; 1988 c 128 § 13; 1957 c 78 § 1.
Formerly RCW 76.01.040.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.345
43.30.345 Federal funds for management and protection of forests, forest and range lands—Disbursement of
funds. The department is authorized to disburse such funds,
together with any funds which may be appropriated or contributed from any source for such purposes, on management
and protection of forests and forest and range lands. [2003 c
334 § 203; 1988 c 128 § 14; 1957 c 78 § 2. Formerly RCW
76.01.050.]
Intent—2003 c 334: See note following RCW 79.02.010.
for all purposes authorized by those acts, and to disburse the
funds in cooperation with the federal government in accordance therewith. [1986 c 100 § 47.]
43.30.385
43.30.385 Park land trust revolving fund. (1) The
park land trust revolving fund is to be utilized by the department for the purpose of acquiring real property, including all
reasonable costs associated with these acquisitions, as a
replacement for the property transferred to the state parks and
recreation commission, as directed by the legislature in order
to maintain the land base of the affected trusts or under RCW
79.22.060 and to receive voluntary contributions for the purpose of operating and maintaining public use and recreation
facilities, including trails, managed by the department. Proceeds from transfers of real property to the state parks and
recreation commission or other proceeds identified from
transfers of real property as directed by the legislature shall
be deposited in this fund. Disbursement from the park land
trust revolving fund to acquire replacement property and for
operating and maintaining public use and recreation facilities
shall be on the authorization of the department. In order to
maintain an effective expenditure and revenue control, the
park land trust revolving fund is subject in all respects to
chapter 43.88 RCW, but no appropriation is required to permit expenditures and payment of obligations from the fund.
(2) The department is authorized to solicit and receive
voluntary contributions for the purpose of operating and
maintaining public use and recreation facilities, including
trails, managed by the department. The department may seek
voluntary contributions from individuals and organizations
for this purpose. Voluntary contributions will be deposited
into the park land trust revolving fund and used solely for the
purpose of public use and recreation facilities operations and
maintenance. Voluntary contributions are not considered a
fee for use of these facilities. [2004 c 103 § 1; 2003 c 334 §
106; 2000 c 148 § 4; 1995 c 211 § 5. Formerly RCW
43.30.115.]
43.30.360
43.30.360 Clarke-McNary fund. The department and
Washington State University may each receive funds from
the federal government in connection with cooperative work
with the United States department of agriculture, authorized
by sections 4 and 5 of the Clarke-McNary act of congress,
approved June 7, 1924, providing for the procurement, protection, and distribution of forestry seed and plants for the
purpose of establishing windbreaks, shelter belts, and farm
wood lots and to assist the owners of farms in establishing,
improving, and renewing wood lots, shelter belts, and windbreaks; and are authorized to disburse such funds as needed.
During the 2001-2003 fiscal biennium, the legislature may
transfer from the Clarke-McNary fund to the state general
fund such amounts as reflect the excess fund balance of the
Clarke-McNary fund. [2002 c 371 § 908; 1986 c 100 § 46.]
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
43.30.370
43.30.370 Cooperative farm forestry funds. The
department and Washington State University may each
receive funds from the federal government for cooperative
work, as authorized by the cooperative forest management
act of congress, approved May 18, 1937, and as subsequently
authorized by any amendments to or substitutions for that act,
[Title 43 RCW—page 196]
Intent—2003 c 334: See note following RCW 79.02.010.
Findings—Intent—Effective date—Severability—1995 c 211: See
notes following RCW 79A.05.070.
PART 5
POWERS AND DUTIES—GENERAL
43.30.411
43.30.411 Department to exercise powers and
duties—Indemnification of private parties. (1) The
department shall exercise all of the powers, duties, and functions now vested in the commissioner of public lands and
such powers, duties, and functions are hereby transferred to
the department. However, nothing contained in this section
shall effect the commissioner's ex officio membership on any
committee provided by law.
(2)(a) Except as provided in (b) of this subsection, and
subject to the limitations of RCW 4.24.115, the department,
in the exercise of any of its powers, may include in any authorized contract a provision for indemnifying the other contracting party against loss or damages.
(b) When executing a right of way or easement contract
over private land that involves forest management activities,
the department shall indemnify the private landowner if the
landowner does not receive a direct benefit from the contract.
(2004 Ed.)
Department of Natural Resources
[2003 c 334 § 108; 2003 c 312 § 1; 1965 c 8 § 43.30.130.
Prior: 1957 c 38 § 13. Formerly RCW 43.30.130.]
Reviser's note: This section was amended by 2003 c 312 § 1 and by
2003 c 334 § 108, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.421 Administrator. The administrator shall have
responsibility for performance of all the powers, duties, and
functions of the department except those specifically
assigned to the board. In the performance of these powers,
duties, and functions, the administrator shall conform to policies established by the board, and may employ and fix the
compensation of such personnel as may be required to perform the duties of this office. [2003 c 334 § 114; 1965 c 8 §
43.30.160. Prior: 1957 c 38 § 16. Formerly RCW
43.30.160.]
43.30.421
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.490
the management and jurisdiction of the department; or for
making examinations, appraisals and, after five days' written
notice to the landowner, making surveys for the purpose of
possible acquisition of property to provide public access to
public lands. In no event other than an emergency such as
fire fighting shall motor vehicles be used to cross a field customarily cultivated, without prior consent of the owner.
None of the entries herein provided for shall constitute trespass, but nothing contained herein shall limit or diminish any
liability which would otherwise exist as a result of the acts or
omissions of the department or its representatives. [2003 c
334 § 204; 2000 c 11 § 1; 1983 c 3 § 194; 1971 ex.s. c 49 § 1;
1963 c 100 § 1. Formerly RCW 76.01.060.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.460
43.30.460 Department to participate in and administer federal Safe Drinking Water Act in conjunction with
other departments. See RCW 43.21A.445.
43.30.470
43.30.430 Supervisor. The supervisor shall:
(1) Be charged with the direct supervision of the department's activities as delegated by the administrator;
(2) Perform his or her duties in conformance with the
policies established by the board;
(3) Organize the department, with approval of the
administrator, into such subordinate divisions as the supervisor deems appropriate for the conduct of its operations;
(4) Employ and fix the compensation of such technical,
clerical, and other personnel as may be required to carry on
activities under his or her supervision;
(5) Delegate by order any assigned powers, duties, and
functions to one or more deputies or assistants, as desired;
(6) Furnish before entering upon the duties of this position a surety bond payable to the state in such amount as may
be determined by the board, conditioned for the faithful performance of duties and for accounting of all moneys and
property of the state that may come into possession of or
under the control of this position. [2003 c 334 § 115; 1965 c
8 § 43.30.170. Prior: 1957 c 38 § 17. Formerly RCW
43.30.170.]
43.30.430
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.470 Senior environmental corps. (1) The
department has the following powers and duties in carrying
out its responsibilities for the senior environmental corps created under RCW 43.63A.247:
(a) Appoint a representative to the coordinating council;
(b) Develop project proposals;
(c) Administer project activities within the agency;
(d) Develop appropriate procedures for the use of volunteers;
(e) Provide project orientation, technical training, safety
training, equipment, and supplies to carry out project activities;
(f) Maintain project records and provide project reports;
(g) Apply for and accept grants or contributions for
corps-approved projects; and
(h) With the approval of the council, enter into memoranda of understanding and cooperative agreements with federal, state, and local agencies to carry out corps-approved
projects.
(2) The department shall not use corps volunteers to displace currently employed workers. [2003 c 334 § 124; 1992
c 63 § 10. Formerly RCW 43.30.400.]
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.440 Oaths may be administered by supervisor
and deputies. The supervisor and duly authorized deputies
may administer oaths. [2003 c 334 § 116; 1965 c 8 §
43.30.180. Prior: 1957 c 38 § 18. Formerly RCW
43.30.180.]
43.30.440
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.450 Right of entry in course of duty by representatives of department. Any authorized assistants,
employees, agents, appointees, or representatives of the
department may, in the course of their inspection and
enforcement duties as provided for in chapters 76.04, 76.06,
76.09, and 76.36 RCW, enter upon any lands, real estate,
waters, or premises except the dwelling house or appurtenant
buildings in this state whether public or private and remain
thereon while performing such duties. Similar entry by the
department may be made for the purpose of making examinations, locations, surveys, and/or appraisals of all lands under
Severability—1992 c 63: See note following RCW 43.63A.240.
43.30.480
43.30.480 Watershed restoration projects—Permit
processing. A permit required by the department for a watershed restoration project as defined in RCW 89.08.460 shall
be processed in compliance with RCW 89.08.450 through
89.08.510. [1995 c 378 § 13. Formerly RCW 43.30.410.]
43.30.450
(2004 Ed.)
43.30.490
43.30.490 Cost-reimbursement agreements. (1) The
department may enter into a written cost-reimbursement
agreement with a permit or lease applicant to recover from
the applicant the reasonable costs incurred by the department
in carrying out the requirements of this chapter, as well as the
requirements of other relevant laws, as they relate to permit
coordination, environmental review, application review,
technical studies, and permit or lease processing. The costreimbursement agreement shall identify the specific tasks,
costs, and schedule for work to be conducted under the agree[Title 43 RCW—page 197]
43.30.510
Title 43 RCW: State Government—Executive
ment. An applicant for a lease issued under chapter 79.90
RCW may not enter into a cost-reimbursement agreement
under this section for projects conducted under the lease.
(2) The written cost-reimbursement agreement shall be
negotiated with the permit or lease applicant. Under the provisions of a cost-reimbursement agreement, funds from the
applicant shall be used by the department to contract with an
independent consultant to carry out the work covered by the
cost-reimbursement agreement. The department may also
use funds provided under a cost-reimbursement agreement to
assign current staff to review the work of the consultant, to
provide necessary technical assistance when an independent
consultant with comparable technical skills is unavailable,
and to recover reasonable and necessary direct and indirect
costs that arise from processing the permit or lease. The
department shall, in developing the agreement, ensure that
final decisions that involve policy matters are made by the
agency and not by the consultant. The department shall make
an estimate of the number of permanent staff hours to process
the permits or leases, and shall contract with consultants to
replace the time and functions committed by these permanent
staff to the project. The billing process shall provide for
accurate time and cost accounting and may include a billing
cycle that provides for progress payments. Use of cost-reimbursement agreements shall not reduce the current level of
staff available to work on permits or leases not covered by
cost-reimbursement agreements. The department may not
use any funds under a cost-reimbursement agreement to
replace or supplant existing funding. The restrictions of
chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement.
(3) The department may not enter into any new costreimbursement agreements on or after July 1, 2007. The
department may continue to administer any cost-reimbursement agreement that was entered into before July 1, 2007,
until the project is completed. [2003 c 70 § 2; 2000 c 251 §
3. Formerly RCW 43.30.420.]
Intent—Captions not law—Effective date—2000 c 251: See notes
following RCW 43.21A.690.
43.30.510
43.30.510 Administrator may designate substitute
for member of board, commission, etc. When any officer,
member, or employee of an agency abolished by provisions
of this chapter is, under provisions of existing law, designated as a member ex officio of another board, commission,
committee, or other agency, and no provision is made in this
chapter with respect to a substitute, the administrator shall
designate the officer or other person to serve hereafter in that
capacity. [1965 c 8 § 43.30.210. Prior: 1957 c 38 § 21. Formerly RCW 43.30.210.]
43.30.520
43.30.520 Property transactions, restrictive conveyances, highway purpose—Existing law to continue. Nothing in this chapter shall be interpreted as changing existing
law with respect to:
(1) Property given to a state agency on restrictive conveyance with provision for reversion to the grantor or for the
vesting of title in another if and when such property is not
used by the agency concerned for the stipulated purposes;
[Title 43 RCW—page 198]
(2) Land or other property acquired by any state agency
for highway purposes. [1965 c 8 § 43.30.250. Prior: 1957 c
38 § 25. Formerly RCW 43.30.250.]
43.30.530
43.30.530 Real property—Services and facilities
available to other state agencies, cost. Upon request by any
state agency vested by law with the authority to acquire or
manage real property, the department shall make available to
such agency the facilities and services of the department with
respect to such acquisition or management, upon condition
that such agency reimburse the department for the costs of
such services. [2003 c 334 § 117; 1965 c 8 § 43.30.260.
Prior: 1957 c 38 § 26. Formerly RCW 43.30.260.]
Intent—2003 c 334: See note following RCW 79.02.010.
PART 6
DUTIES AND POWERS—MINING AND GEOLOGY
43.30.600
43.30.600 State geological survey. The department
shall assume full charge and supervision of the state geological survey and perform such other duties as may be prescribed by law. [2003 c 334 § 107; 1988 c 127 § 3; 1965 c 8
§ 43.21.050. Prior: 1921 c 7 § 69; RRS § 10827. Formerly
RCW 43.30.125, 43.21.050.]
Intent—2003 c 334: See note following RCW 79.02.010.
Mining survey reports, forwarding to: RCW 78.06.030.
Provisions relating to geological survey: Chapter 43.92 RCW, RCW
43.27A.130.
43.30.610
43.30.610 Mining. The department shall:
(1) Collect, compile, publish, and disseminate statistics
and information relating to mining, milling, and metallurgy;
(2) Make special studies of the mineral resources and
industries of the state;
(3) Collect and assemble an exhibit of mineral specimens, both metallic and nonmetallic, especially those of economic and commercial importance; such collection to constitute the museum of mining and mineral development;
(4) Collect and assemble a library pertaining to mining,
milling, and metallurgy of books, reports, drawings, tracings,
and maps and other information relating to the mineral industry and the arts and sciences of mining and metallurgy;
(5) Make a collection of models, drawings, and descriptions of the mechanical appliances used in mining and metallurgical processes;
(6) Issue bulletins and reports with illustrations and maps
with detailed description of the natural mineral resources of
the state;
(7) Preserve and maintain such collections and library
open to the public for reference and examination and maintain a bureau of general information concerning the mineral
and mining industry of the state, and issue from time to time
at cost of publication and distribution such bulletins as may
be deemed advisable relating to the statistics and technology
of minerals and the mining industry;
(8) Make determinative examinations of ores and minerals, and consider other scientific and economical problems
relating to mining and metallurgy;
(9) Cooperate with all departments of the state government, state educational institutions, the United States geolog(2004 Ed.)
Department of Natural Resources
ical survey, and the United States bureau of mines. All
departments of the state government and educational institutions shall render full cooperation to the department in compiling useful and scientific information relating to the mineral
industry within and without the state, without cost to the
department. [2003 c 334 § 109; 1988 c 127 § 4; 1965 c 8 §
43.21.070. Prior: 1935 c 142 § 2; RRS § 8614-2. Formerly
RCW 43.30.138, 43.21.070.]
Intent—2003 c 334: See note following RCW 79.02.010.
Mining survey reports forwarded to: RCW 78.06.030.
43.30.630 Sealing of open holes and mine shafts. The
department shall work with federal officials and private mine
owners to ensure the prompt sealing of open holes and mine
shafts that constitute a threat to safety. [2003 c 334 § 101;
1985 c 459 § 7. Formerly RCW 43.12.025.]
43.30.630
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1985 c 459: See note following RCW 79.01.668.
43.30.640 Mine owners—Maps of property surface
and underground workings—Filing. The owner of each
mine shall make a map of the surface of the property. The
owner of each active mine shall make a map of the underground workings. All maps shall be filed with the department. The department shall establish by rule the scale and
contents required for the maps. [2003 c 334 § 102; 1985 c
459 § 8. Formerly RCW 43.12.035.]
43.30.640
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1985 c 459: See note following RCW 79.01.668.
43.30.650 Gifts and bequests relating to mining. The
department may receive on behalf of the state, for the benefit
of mining and mineral development, gifts, bequests, devises,
and legacies of real or personal property and use them in
accordance with the wishes of the donors and manage, use,
and dispose of them for the best interests of mining and mineral development. [2003 c 334 § 110; 1988 c 127 § 5; 1965 c
8 § 43.21.080. Prior: 1935 c 142 § 3; RRS § 8614-3. Formerly RCW 43.30.141, 43.21.080.]
43.30.650
Intent—2003 c 334: See note following RCW 79.02.010.
43.30.660 Collection of minerals for exhibition. The
department may, from time to time, prepare special collections of ores and minerals representative of the mineral
industry of the state to be displayed or used at any world fair,
exposition, mining congress, or state exhibition, in order to
promote information relating to the mineral wealth of the
state. [2003 c 334 § 111; 1988 c 127 § 6; 1965 c 8 §
43.21.090. Prior: 1935 c 142 § 4; RRS § 8614-4. Formerly
RCW 43.30.145, 43.21.090.]
43.30.660
Intent—2003 c 334: See note following RCW 79.02.010.
PART 7
DUTIES AND POWERS—FORESTED LANDS
43.30.700 Powers of department—Forested lands.
(1) The department may:
(a) Inquire into the production, quality, and quantity of
second growth timber to ascertain conditions for reforestation; and
43.30.710
(b) Publish information pertaining to forestry and forest
products which it considers of benefit to the people of the
state.
(2) The department shall:
(a) Collect information through investigation by its
employees, on forest lands owned by the state, including:
(i) Condition of the lands;
(ii) Forest fire damage;
(iii) Illegal cutting, trespassing, or thefts; and
(iv) The number of acres and the value of the timber that
is cut and removed each year, to determine which state lands
are valuable chiefly for growing timber;
(b) Prepare maps of each timbered county showing state
land therein; and
(c) Protect forested public land, as defined in RCW
79.02.010, as much as is practical and feasible from fire, trespass, theft, and the illegal cutting of timber.
(3) When the department considers it to be in the best
interest of the state, it may cooperate with any agency of
another state, the United States or any agency thereof, the
Dominion of Canada or any agency or province thereof, and
any county, town, corporation, individual, or Indian tribe
within the state of Washington in:
(a) Forest surveys;
(b) Forest studies;
(c) Forest products studies; and
(d) Preparation of plans for the protection, management,
and replacement of trees, wood lots, and timber tracts. [2004
c 199 § 101; 1986 c 100 § 50. Formerly RCW 43.30.135.]
Part headings not law—2004 c 199: See note following RCW
79.02.010.
Study—1989 c 424: "The department of natural resources shall conduct a study of state-owned hardwood forests. The study shall include, but
is not limited to: A comprehensive inventory of state-owned hardwood forests and a qualitative assessment of those stands, research into reforestation
of hardwoods on state lands, and an analysis of management policies for
increasing the supply of commercially harvestable hardwoods on state
lands." [1989 c 424 § 5.]
Report to legislature—1989 c 424: "If by October 1, 1989, the United
States congress makes an appropriation to the United States forest service for
a Washington state forest inventory and timber supply study, the department
of natural resources shall conduct an inventory and prepare a report on the
timber supply in Washington state. The report shall identify the quantity of
timber present now and the quantity of timber that may be available from forest lands in the future using various assumptions of landowner management,
including changes in the forest land base, amount of capital invested in timber management, and expected harvest age. This report shall categorize the
results according to region of the state, land ownership, land productivity,
and according to major timber species.
The report shall contain an estimate of the acreage and volume of old
growth and other timber on lands restricted from commercial timber harvesting due to state or federal decisions, such as national parks, wilderness areas,
national recreation areas, scenic river designations, natural areas, geologic
areas, or other land allocations which restrict or limit timber harvesting
activities. The department shall determine the definition of old growth for
the purposes of this section.
State appropriations for these purposes in the 1989-91 budget may be
expended if needed for project planning and design. The report shall be submitted to the appropriate committees of the senate and the house of representatives by June 1, 1991." [1989 c 424 § 8.]
43.30.700
(2004 Ed.)
43.30.710
43.30.710 Sale or exchange of tree seedling stock and
tree seed—Provision of stock or seed to local governments
or nonprofit organizations. The department is authorized to
sell to or exchange with persons intending to restock forest
[Title 43 RCW—page 199]
43.30.720
Title 43 RCW: State Government—Executive
areas, tree seedling stock and tree seed produced at the state
nursery.
The department may provide at cost, stock or seed to
local governments or nonprofit organizations for urban tree
planting programs consistent with the community and urban
forestry program. [1993 c 204 § 7; 1988 c 128 § 35; 1947 c
67 § 1; Rem. Supp. 1947 § 5823-40. Formerly RCW
76.12.160.]
Findings—1993 c 204: See note following RCW 35.92.390.
43.30.720
43.30.720 Use of proceeds specified. All receipts from
the sale of stock or seed shall be deposited in a state forest
nursery revolving fund to be maintained by the department,
which is hereby authorized to use all money in said fund for
the maintenance of the state tree nursery or the planting of
denuded state owned lands.
During the 2003-2005 fiscal biennium, the legislature
may transfer from the state forest nursery revolving fund to
the state general fund such amounts as reflect the excess fund
balance of the fund. [2003 1st sp.s. c 25 § 938; 1988 c 128 §
36; 1947 c 67 § 2; RRS § 5823-41. Formerly RCW
76.12.170.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
43.30.800
43.30.800 Olympic natural resources center—Finding, intent. The legislature finds that conflicts over the use
of natural resources essential to the state's residents, especially forest and ocean resources, have increased dramatically. There are growing demands that these resources be
fully utilized for their commodity values, while simultaneously there are increased demands for protection and preservation of these same resources. While these competing
demands are most often viewed as mutually exclusive, recent
research has suggested that commodity production and ecological values can be integrated. It is the intent of the legislature to foster and support the research and education necessary to provide sound scientific information on which to base
sustainable forest and marine industries, and at the same time
sustain the ecological values demanded by much of the public. [1991 c 316 § 1. Formerly RCW 76.12.205.]
Severability—1991 c 316: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1991 c 316 § 6.]
43.30.810
43.30.810 Olympic natural resources center—Purpose, programs. The Olympic natural resources center is
hereby created at the University of Washington in the college
of forest resources and the college of ocean and fishery sciences. The center shall maintain facilities and programs in the
western portion of the Olympic Peninsula. Its purpose shall
be to demonstrate innovative management methods which
successfully integrate environmental and economic interests
into pragmatic management of forest and ocean resources.
The center shall combine research and educational opportunities with experimental forestry, oceans management, and traditional management knowledge into an overall program
which demonstrates that management based on sound economic principles is made superior when combined with new
methods of management based on ecological principles. The
[Title 43 RCW—page 200]
programs developed by the center shall include the following:
(1) Research and education on a broad range of ocean
resources problems and opportunities in the region, such as
estuarine processes, ocean and coastal management, offshore
development, fisheries and shellfish enhancement, and
coastal business development, tourism, and recreation. In
developing this component of the center's program, the center
shall collaborate with coastal educational institutions such as
Grays Harbor community college and Peninsula community
college;
(2) Research and education on forest resources management issues on the landscape, ecosystem, or regional level,
including issues that cross legal and administrative boundaries;
(3) Research and education that broadly integrates
marine and terrestrial issues, including interactions of
marine, aquatic, and terrestrial ecosystems, and that identifies
options and opportunities to integrate the production of commodities with the preservation of ecological values. Where
appropriate, programs shall address issues and opportunities
that cross legal and administrative boundaries;
(4) Research and education on natural resources and
their social and economic implications, and on alternative
economic and social bases for sustainable, healthy, resourcebased communities;
(5) Educational opportunities such as workshops, short
courses, and continuing education for resource professionals,
policy forums, information exchanges including international
exchanges where appropriate, conferences, student research,
and public education; and
(6) Creation of a neutral forum where parties with
diverse interests are encouraged to address and resolve their
conflicts. [1991 c 316 § 2; 1989 c 424 § 4. Formerly RCW
76.12.210.]
Severability—1991 c 316: See note following RCW 43.30.800.
Effective date—1989 c 424: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 424 § 13.]
43.30.820
43.30.820 Olympic natural resources center—
Administration. The Olympic natural resources center shall
operate under the authority of the board of regents of the University of Washington. It shall be administered by a director
appointed jointly by the deans of the college of forest
resources and the college of ocean and fishery sciences. The
director shall be a member of the faculty of one of those colleges. The director shall appoint and maintain a scientific or
technical committee, and other committees as necessary, to
advise the director on the efficiency, effectiveness, and quality of the center's activities.
A policy advisory board consisting of eleven members
shall be appointed by the governor to advise the deans and the
director on policies for the center that are consistent with the
purposes of the center. Membership on the policy advisory
board shall broadly represent the various interests concerned
with the purposes of the center, including state and federal
government, environmental organizations, local community,
timber industry, and Indian tribes.
(2004 Ed.)
Department of Community, Trade, and Economic Development
Service on boards and committees of the center shall be
without compensation but actual travel expenses incurred in
connection with service to the center may be reimbursed
from appropriated funds in accordance with RCW 43.03.050
and 43.03.060. [1991 c 316 § 3. Formerly RCW 76.12.220.]
Severability—1991 c 316: See note following RCW 43.30.800.
43.30.830
43.30.830 Olympic natural resources center—Funding—Contracts. The center may solicit gifts, grants, conveyances, bequests, and devises, whether real or personal
property, or both, in trust or otherwise, to be directed to the
center for carrying out the purposes of the center. The center
may solicit contracts for work, financial and in-kind contributions, and support from private industries, interest groups,
federal and state sources, and other sources. It may also use
separately appropriated funds of the University of Washington for the center's activities. [1991 c 316 § 4. Formerly
RCW 76.12.230.]
Severability—1991 c 316: See note following RCW 43.30.800.
Chapter 43.31 RCW
DEPARTMENT OF COMMUNITY, TRADE, AND
ECONOMIC DEVELOPMENT
Chapter 43.31
(Formerly: Department of trade and economic development)
Sections
43.31.055
43.31.057
43.31.086
43.31.088
43.31.0925
43.31.093
43.31.125
43.31.145
43.31.205
43.31.215
43.31.390
43.31.403
43.31.406
43.31.409
43.31.411
43.31.414
43.31.417
43.31.422
43.31.425
43.31.428
43.31.502
43.31.504
43.31.506
43.31.508
43.31.512
43.31.514
43.31.522
43.31.524
43.31.526
43.31.545
43.31.800
43.31.805
43.31.810
43.31.820
(2004 Ed.)
43.31.830
43.31.832
43.31.833
43.31.834
43.31.840
43.31.850
43.31.859
43.31.942
43.31.956
43.31.960
43.31.962
43.31.964
43.31.057
State international trade fairs—Certification of fairs—Allotments—Division and payment from state trade fair fund.
State trade fairs—Transfer of surplus funds in state trade fair
fund to general fund—Expenditure.
State trade fairs—Transfer of surplus funds in state trade fair
fund to general fund—Construction.
State trade fairs—Transfer of surplus funds in state trade fair
fund to general fund—Construction.
State international trade fairs—Post audit of participating
fairs—Reports.
State international trade fairs—State international trade fair
defined.
Rural development council—Successor organization—Funding.
Bond anticipation notes—Pacific Northwest festival facility
construction account created—Deposit of proceeds from
bonds and notes.
General obligation bonds—Authorized—Issuance, sale,
terms, conditions, etc.—Appropriation required—Pledge
and promise—Seal.
Administration of proceeds.
Retirement of bonds from cultural facilities bond redemption
fund of 1979—Retirement of bonds from state general obligation bond retirement fund—Remedies of bondholders.
Bonds legal investment for public funds.
Chief assistants: RCW 43.17.040.
Cities and towns, annexation, director member of review board: RCW
35.13.171.
Clean Washington center: Chapter 70.95H RCW.
Department created: RCW 43.17.010.
Department to arrange provision of information on environmental laws:
RCW 43.21A.515.
Development credit corporations: Chapter 31.20 RCW.
Business expansion and trade development.
Washington products—Expansion of market—Pamphlet.
Business assistance center—Additional duties.
Business assistance center—ISO-9000 quality standards.
Business assistance center—Minority and women business
development office.
Minority and women-owned small businesses—Entrepreneurial training courses.
Advisory groups.
Foreign offices—Promotion of overseas trade and commerce.
Hanford reservation—Promotion of sublease for nuclearrelated industry.
Hanford reservation—Tri-Cities area—Emphasize work force
and facilities.
Information from environmental profile—Use in brochures
and presentations—Availability to local economic development groups.
Investment opportunities office—Finding and purpose.
Investment opportunities office—Definitions.
Investment opportunities office—Created.
Investment opportunities office—Duties.
Investment opportunities office—Service fees.
Investment opportunities office—Contracting authority.
Hanford area economic investment fund.
Hanford area economic investment fund committee.
Hanford area economic investment fund committee—Powers.
Child care facility revolving fund—Purpose—Source of
funds.
Child care facility fund committee—Generally.
Child care facility fund committee—Authority to award moneys from fund.
Child care facility fund committee—Loans to child care facilities.
Child care facility fund committee—Loans or grants to individuals, businesses, or organizations.
Child care facility fund committee—Grants, repayment
requirements.
Marketplace program—Definitions.
Marketplace program—Generally.
Marketplace program—Contracts to foster linkages—Department duties.
Recycled materials and products—Market development.
State international trade fairs—"Director" defined.
State trade fair fund.
State international trade fairs—State aid eligibility requirements.
State international trade fairs—Application for funds.
Diverse cultures and languages encouraged—State policy: RCW 1.20.100.
Industrial development revenue bonds: Chapter 39.84 RCW.
Industrial projects of statewide significance—Assignment of project facilitator or coordinator: RCW 43.157.030.
Joint committee on nuclear energy: Chapter 44.39 RCW.
Nuclear energy, thermal, electric generating power facilities, joint development: Chapter 54.44 RCW.
Oath: RCW 43.17.030.
Occupational forecast—Agency consultation: RCW 50.38.030.
Office maintained at state capital: RCW 43.17.050.
Public disclosure: RCW 42.17.310.
Regulatory fairness act: Chapter 19.85 RCW.
Rules and regulations: RCW 43.17.060.
Steam generating facility, powers of director: RCW 43.21A.612.
43.31.055
43.31.055 Business expansion and trade development.
Reviser's note: RCW 43.31.055 was amended by 1993 c 512 § 4 without reference to its repeal by 1993 c 280 § 82, effective July 1, 1994. It has
been decodified, effective July 1, 1994, for publication purposes pursuant to
RCW 1.12.025.
43.31.057
43.31.057 Washington products—Expansion of market—Pamphlet. The department of community, trade, and
economic development is directed to develop and promote
means to stimulate the expansion of the market for Washington products and shall have the following powers and duties:
(1) To develop a pamphlet for statewide circulation
which will encourage the purchase of items produced in the
state of Washington;
(2) To include in the pamphlet a listing of products of
Washington companies which individuals can examine when
making purchases so they may have the opportunity to select
one of those products in support of this program;
[Title 43 RCW—page 201]
43.31.086
Title 43 RCW: State Government—Executive
(3) To distribute the pamphlets on the broadest possible
basis through local offices of state agencies, business organizations, chambers of commerce, or any other means the
department deems appropriate;
(4) In carrying out these powers and duties the department shall cooperate and coordinate with other agencies of
government and the private sector. [1993 c 280 § 39; 1986 c
183 § 2.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Legislative declaration—1986 c 183: "The legislature declares that:
(1) The development and sale of Washington business products is a
vital element in expanding the state economy.
(2) The marketing of items produced in Washington state contributes
substantial benefits to the economic base of the state, provides a large number of jobs and sizeable tax revenues to state and local governments, and provides an important stimulation to the economic strength of Washington companies.
(3) State government should play a significant role in the development
and expansion of markets for Washington products." [1986 c 183 § 1.]
Severability—1986 c 183: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 183 § 5.]
43.31.086 *Business assistance center—Additional
duties. To assist state agencies in reducing regulatory costs
to small business and to promote greater public participation
in the rule-making process, the *business assistance center
shall:
(1) Develop agency guidelines for the preparation of a
small business economic impact statement and compliance
with chapter 19.85 RCW;
(2) Review and provide comments to agencies on draft
or final small business economic impact statements;
(3) Advise the joint administrative rules review committee on whether an agency reasonably assessed the costs of a
proposed rule and reduced the costs for small business as
required by chapter 19.85 RCW; and
(4) Organize and chair a state rules coordinating committee, consisting of agency rules coordinators and interested
members of the public, to develop an education and training
program that includes, among other components, a component that addresses voluntary compliance, for agency personnel responsible for rule development and implementation.
The *business assistance center shall submit recommendations to the department of personnel for an administrative
procedures training program that is based on the sharing of
interagency resources. [1994 c 249 § 15.]
43.31.086
*Reviser's note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
43.31.088 *Business assistance center—ISO-9000
quality standards. (1) The department, through its *business assistance center, shall assist companies seeking to
adopt ISO-9000 quality standards. The department shall:
(a) Prepare and disseminate information regarding ISO9000;
(b) Assemble and maintain information on public and
private sector individuals, organizations, educational institu43.31.088
[Title 43 RCW—page 202]
tions, and advanced technology centers that can provide technical assistance to firms that wish to become ISO-registered;
(c) Assemble and maintain information on Washington
firms which have received ISO registration;
(d) Undertake other activities it deems necessary to execute this section;
(e) Survey appropriate sectors to determine the level of
interest in receiving ISO-9000 certification and coordinate
with the program;
(f) Establish a mechanism for businesses to make selfassessments of relative need to become ISO-9000 certified;
(g) Assist and support nonprofit organizations, and other
organizations, currently providing education, screening, and
certification training; and
(h) Coordinate the Washington program with other similar state, regional, and federal programs.
(2) For the purposes of this section, "ISO-9000" means
the series of standards published in 1987, and subsequent
revisions, by the international organization for standardization for quality assurance in design, development, production, final inspection and testing, and installation and servicing of products, processes, and services.
(3) For the purposes of this section, registration to the
American national standards institute/American society for
quality control Q90 series shall be considered ISO-9000 registration. [1994 c 140 § 2.]
*Reviser's note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Findings—Intent—1994 c 140: "The legislature finds that since the
publication by the international organization for standardization of its ISO9000 series of quality systems standards, more than twenty thousand facilities in the United Kingdom and several thousand in Europe have become
registered in the standards. By comparison, currently only about four hundred United States companies have adopted the standards. The international
organization for standardization is a Geneva-based organization founded in
1947 to promote standardization with a view to facilitating trade.
The legislature further finds that the growing world-wide acceptance
by over sixty nations of the ISO-9000 series of quality systems standards,
including adoption by the twelve nations of the European Community,
means that more Washington companies will need to look at the adoption of
ISO-9000 to remain competitive in global markets. Adoption of ISO-9000,
as well as other quality systems, may also help Washington companies
improve quality. However, many small businesses know little about the standards or how registration is achieved.
It is the intent of the legislature that the department of community,
trade, and economic development encourage and assist state businesses to
adopt ISO-9000 and other quality systems as part of the state's strategy for
global industrial competitiveness." [1994 c 140 § 1.]
Effective date—1994 c 140: "This act shall take effect July 1, 1994."
[1994 c 140 § 4.]
43.31.0925
43.31.0925 *Business assistance center—Minority
and women business development office. There is established within the department's *business assistance center the
minority and women business development office. This
office shall provide business-related assistance to minorities
and women as well as serve as an outreach program to
increase minority and women-owned businesses' awareness
and use of existing business assistance services. [1993 c 512
§ 7.]
*Reviser's note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
(2004 Ed.)
Department of Community, Trade, and Economic Development
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.31.093
43.31.093 Minority and women-owned small businesses—Entrepreneurial training courses. The department of community, trade, and economic development shall
contract with public and private agencies, institutions, and
organizations to conduct entrepreneurial training courses for
minority and women-owned small businesses. The instruction shall be intensive, practical training courses in financing,
marketing, managing, accounting, and recordkeeping for a
small business, with an emphasis on federal, state, local, or
private programs available to assist small businesses. The
*business assistance center may recommend professional
instructors, with practical knowledge and experience on how
to start and operate a business, to teach the courses. Instruction shall be offered in major population centers throughout
the state at times and locations which are convenient for
minority and women small business owners and entrepreneurs. [1995 c 399 § 71; 1993 c 512 § 6.]
*Reviser's note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.31.125
43.31.125 Advisory groups. The director may establish such advisory groups as in the director's discretion are
necessary to carry out the purposes of this chapter. Members
of and vacancies in such advisory groups shall be filled by
appointment by the director. Members shall receive reimbursement for travel expenses incurred in the performance of
their duties in accordance with RCW 43.03.050 and
43.03.060. [1985 c 466 § 16.]
Effective date—1985 c 466: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1985." [1985 c 466 § 96.]
Severability—1985 c 466: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 466 § 95.]
Headings—1985 c 466: "As used in this act, section headings constitute no part of the law." [1985 c 466 § 77.]
Transfer of assets—1985 c 466: "All reports, documents, surveys,
books, records, files, papers, or written material in the possession of the
department of commerce and economic development shall be delivered to
the custody of the department of trade and economic development. All cabinets, furniture, office equipment, motor vehicles, and other tangible property
employed by the department of commerce and economic development shall
be made available to the department of trade and economic development. All
funds, credits, or other assets held by the department of commerce and economic development shall be assigned to the department of trade and economic development.
Any appropriations made to the department of commerce and economic development shall, June 30, 1985, be transferred and credited to the
department of trade and economic development.
Whenever any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other tangible
property used or held in the exercise of the powers and the performance of
the duties and functions transferred, the director of financial management
shall make a determination as to the proper allocation and certify the same to
the state agencies concerned." [1985 c 466 § 19.]
(2004 Ed.)
43.31.205
Transfer of employees—1985 c 466: "All classified employees of the
department of commerce and economic development are transferred to the
jurisdiction of the department of trade and economic development. All
employees classified under chapter 41.06 RCW, the state civil service law,
are assigned to the department of trade and economic development to perform their usual duties upon the same terms as formerly, without any loss of
rights, subject to any action that may be appropriate thereafter in accordance
with the laws and rules governing state civil service." [1985 c 466 § 20.]
Continuation of rules and business and existing contracts and obligations—1985 c 466: "All rules and all pending business before the department of commerce and economic development shall be continued and acted
upon by the department of trade and economic development. All existing
contracts and obligations shall remain in full force and shall be performed by
the department of trade and economic development." [1985 c 466 § 21.]
Savings—1985 c 466: "The transfer of the powers, duties, functions,
and personnel of the department of commerce and economic development
shall not affect the validity of any act performed prior to June 30, 1985."
[1985 c 466 § 22.]
Apportionment of funds—1985 c 466: "If apportionments of budgeted funds are required because of the transfers directed by sections 19
through 22, chapter 466, Laws of 1985, the director of financial management
shall certify the apportionments to the agencies affected, the state auditor,
and the state treasurer. Each of these shall make the appropriate transfer and
adjustments in funds and appropriation accounts and equipment records in
accordance with the certification." [1985 c 466 § 23.]
43.31.145
43.31.145 Foreign offices—Promotion of overseas
trade and commerce. The department is charged with the
primary role within state government for the establishment
and operation of foreign offices created for the purpose of
promoting overseas trade and commerce. [1991 c 24 § 7;
1985 c 466 § 18.]
Effective date—1991 c 24: See RCW 43.290.900.
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
43.31.205
43.31.205 Hanford reservation—Promotion of sublease for nuclear-related industry. In an effort to enhance
the economy of the Tri-Cities area, the department of community, trade, and economic development is directed to promote the existence of the lease between the state of Washington and the federal government executed September 10,
1964, covering one thousand acres of land lying within the
Hanford reservation near Richland, Washington, and the
opportunity of subleasing the land to entities for nuclearrelated industry, in agreement with the terms of the lease.
When promoting the existence of the lease, the department
shall work in cooperation with any associate development
organization located in or near the Tri-Cities area. [1993 c
280 § 41; 1992 c 228 § 2; 1990 c 281 § 2.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Legislative findings—1992 c 228: "The legislature finds that the
ninety-nine-year lease of one thousand acres of land by the state from the
federal government requires that the state use any rent moneys from subleasing the land for the development of the leased land and nuclear-related industries in the Tri-Cities area. The legislature further finds that the new emphasis on waste cleanup at Hanford and the new technologies needed for environmental restoration warrant a renewed effort to promote development of
the leased land and nuclear-related industries in the Tri-Cities area." [1992 c
228 § 1.]
Legislative findings—1990 c 281: "The legislature finds that the one
thousand acres of land leased from the federal government to the state of
Washington on the Hanford reservation constitutes an unmatched resource
for development of high-technology industry, nuclear medicine research,
and research into new waste immobilization and reduction techniques. The
legislature further finds that continued diversification of the Tri-Cities econ[Title 43 RCW—page 203]
43.31.215
Title 43 RCW: State Government—Executive
omy will help stabilize and improve the Tri-Cities economy, and that this
effort can be aided by emphasizing the resources of local expertise and
nearby facilities." [1990 c 281 § 1.]
43.31.215 Hanford reservation—Tri-Cities area—
Emphasize work force and facilities. When the department
implements programs intended to attract or maintain industrial or high-technology investments in the state, the department shall, to the extent possible, emphasize the following:
(1) The highly skilled and trained work force in the TriCities area;
(2) The world-class research facilities in the area, including the fast flux test facility and the Pacific Northwest laboratories;
(3) The existence of the one thousand acres leased by the
state from the federal government for the purpose of nuclearrelated industries; and
(4) The ability for high-technology and medical industries to safely dispose of low-level radioactive waste at the
Hanford commercial low-level waste disposal facility. [1990
c 281 § 3.]
43.31.215
Legislative findings—1990 c 281: See note following RCW
43.31.205.
43.31.390 Information from environmental profile—
Use in brochures and presentations—Availability to local
economic development groups. The department shall
incorporate information from the environmental profile
developed by the department of ecology in accordance with
RCW 43.21A.510 in preparing promotional brochures and in
its presentations to businesses considering locating in Washington state. It shall also make the information available to
local economic development groups for use in local economic development efforts. [1985 c 466 § 33; 1984 c 94 § 4.]
43.31.390
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
Findings—1984 c 94: See note following RCW 43.21A.510.
43.31.403 Investment opportunities office—Finding
and purpose. The legislature finds that the growth of small
and young businesses will have a favorable impact on the
Washington economy by creating jobs, increasing competition in the market place, and expanding tax revenues. Access
to financial markets by entrepreneurs is vital to this process.
Without reasonable access to financing, talented and aggressive entrepreneurs are cut out of the economic system and the
state's economy suffers. It is the purpose of RCW 43.31.403
through 43.31.414 to guarantee that entrepreneurs and investors have an institutionalized means of meeting their respective needs for access to capital resources and information
about promising business investments in Washington state.
[1989 c 312 § 1.]
43.31.403
Severability—1989 c 312: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1989 c 312 § 10.]
43.31.406 Investment opportunities office—Definitions. As used in RCW 43.31.403 through 43.31.414, the
term:
(1) "Entrepreneur" means an individual, proprietorship,
joint venture, partnership, trust, business trust, syndicate,
43.31.406
[Title 43 RCW—page 204]
association, joint stock company, cooperative, corporation,
or any other organization operating in this state, engaged in
manufacturing, wholesaling, transportation services, traded
services, or the development of destination tourism resorts,
with fewer than two hundred fifty employees and paying
more than fifty percent of its contributions or payments for
the purposes of unemployment insurance to this state.
(2) "Manufacturing" means all activities of a commercial
or industrial nature wherein labor or skill is applied, by hand
or machinery, to materials so that as a result thereof a new,
different, or useful substance or article of tangible personal
property is produced for sale or commercial or industrial use
and shall include the production or fabrication of specially
made or custom made articles. "Manufacturing" also includes
computer programming, the production of computer software, and other computer-related services, and the activities
performed by research and development laboratories and
commercial testing laboratories.
(3) "Traded services" means those commercial and professional services that are developed for sale outside the state.
(4) "Wholesaling" means activities related to the sale or
storage of commodities in large quantities.
(5) "Transportation services" means those services
which involve the transport of passengers or goods.
(6) "Destination tourism resort" means a tourism and
recreation complex that is developed primarily as a location
for recreation and tourism activities that will be used primarily by nonresidents of the immediate area. [1989 c 312 § 2.]
Severability—1989 c 312: See note following RCW 43.31.403.
43.31.409
43.31.409 Investment opportunities office—Created.
There is created in the *business assistance center of the
department of community, trade, and economic development
the Washington investment opportunities office. [1993 c 280
§ 42; 1989 c 312 § 3.]
*Reviser's note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Severability—1989 c 312: See note following RCW 43.31.403.
43.31.411
43.31.411 Investment opportunities office—Duties.
The Washington investment opportunities office shall:
(1) Maintain a list of all entrepreneurs engaged in manufacturing, wholesaling, transportation services, development
of destination tourism resorts, or traded services throughout
the state seeking capital resources and interested in the services of the investment opportunities office.
(2) Maintain a file on each entrepreneur which may
include the entrepreneur's business plan and any other information which the entrepreneur offers for review by potential
investors.
(3) Assist entrepreneurs in procuring the managerial and
technical assistance necessary to attract potential investors.
Such assistance shall include the automatic referral to the
small business innovators opportunity program of any entrepreneur with a new product meriting the services of the program.
(2004 Ed.)
Department of Community, Trade, and Economic Development
(4) Provide entrepreneurs with information about potential investors and provide investors with information about
those entrepreneurs which meet the investment criteria of the
investor.
(5) Promote small business securities financing.
(6) Remain informed about investment trends in capital
markets and preferences of individual investors or investment
firms throughout the nation through literature surveys, conferences, and private meetings.
(7) Publicize the services of the investment opportunities
office through public meetings throughout the state, appropriately targeted media, and private meetings. Whenever
practical, the office shall use the existing services of local
associate development organizations in outreach and identification of entrepreneurs and investors. [1998 c 245 § 61; 1993
c 280 § 43; 1989 c 312 § 4.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Severability—1989 c 312: See note following RCW 43.31.403.
43.31.414
43.31.414 Investment opportunities office—Service
fees. The *business assistance center may charge reasonable
fees or other appropriate charges to participants using the services of the investment opportunities office for the purpose of
defraying all or part of the costs of the *business assistance
center in administering this program. [1989 c 312 § 5.]
*Reviser's note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Severability—1989 c 312: See note following RCW 43.31.403.
43.31.417
43.31.417 Investment opportunities office—Contracting authority. The director of the *business assistance
center may enter into contracts with nongovernmental agencies to provide any of the services under RCW 43.31.411.
[1989 c 312 § 6.]
*Reviser's note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Severability—1989 c 312: See note following RCW 43.31.403.
43.31.422
43.31.422 Hanford area economic investment fund.
The Hanford area economic investment fund is established in
the custody of the state treasurer. Moneys in the fund shall
only be used for reasonable assistant attorney general costs in
support of the committee or pursuant to the decisions of the
committee created in RCW 43.31.425 for Hanford area
revolving loan funds, Hanford area infrastructure projects, or
other Hanford area economic development and diversification projects, but may not be used for government or nonprofit organization operating expenses. Up to five percent of
moneys in the fund may be used for program administration.
For the purpose of this chapter "Hanford area" means Benton
and Franklin counties. The director of community, trade, and
economic development or the director's designee shall authorize disbursements from the fund after an affirmative vote of
at least six members of the committee created in RCW
43.31.425 on any decisions reached by the committee created
in RCW 43.31.425. The fund is subject to the allotment pro(2004 Ed.)
43.31.428
cedures under chapter 43.88 RCW, but no appropriation is
required for disbursements. The legislature intends to establish similar economic investment funds for areas that develop
low-level radioactive waste disposal facilities. [2004 c 77 §
1; 1998 c 76 § 1; 1993 c 280 § 44; 1991 c 272 § 19.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Effective dates—1991 c 272: See RCW 81.108.901.
Surcharge on waste generators: RCW 43.200.230, 43.200.233, and
43.200.235.
43.31.425 Hanford area economic investment fund
committee. The Hanford area economic investment fund
committee is hereby established.
(1) The committee shall have eleven members. The governor shall appoint the members, in consultation with Hanford area elected officials, subject to the following requirements:
(a) All members shall either reside or be employed
within the Hanford area.
(b) The committee shall have a balanced membership
representing one member each from the elected leadership of
Benton county, Franklin county, the city of Richland, the city
of Kennewick, the city of Pasco, a Hanford area port district,
the labor community, and four members from the Hanford
area business and financial community.
(c) Careful consideration shall be given to assure minority representation on the committee.
(2) Each member appointed by the governor shall serve
a term of three years, except that of the members first
appointed, four shall serve two-year terms and four shall
serve one-year terms. A person appointed to fill a vacancy of
a member shall be appointed in a like manner and shall serve
for only the unexpired term. A member is eligible for reappointment. A member may be removed by the governor for
cause.
(3) The governor shall designate a member of the committee as its chairperson. The committee may elect such other
officers as it deems appropriate. Six members of the committee constitute a quorum and six affirmative votes are necessary for the transaction of business or the exercise of any
power or function of the committee.
(4) The members shall serve without compensation, but
are entitled to reimbursement for actual and necessary
expenses incurred in the performance of official duties in
accordance with RCW 43.03.050 and 43.03.060.
(5) Members shall not be liable to the state, to the fund,
or to any other person as a result of their activities, whether
ministerial or discretionary, as members except for willful
dishonesty or intentional violations of law. The department
may purchase liability insurance for members and may
indemnify these persons against the claims of others. [1998 c
76 § 2; 1991 c 272 § 20.]
43.31.425
Effective dates—1991 c 272: See RCW 81.108.901.
43.31.428 Hanford area economic investment fund
committee—Powers. The Hanford area economic investment fund committee created under RCW 43.31.425 may:
(1) Adopt bylaws for the regulation of its affairs and the
conduct of its business;
(2) Utilize the services of other governmental agencies;
43.31.428
[Title 43 RCW—page 205]
43.31.502
Title 43 RCW: State Government—Executive
(3) Accept from any federal or state agency loans or
grants for the purposes of funding Hanford area revolving
loan funds, Hanford area infrastructure projects, or Hanford
area economic development projects;
(4) Adopt rules for the administration of the program,
including the terms and rates pertaining to its loans, and criteria for awarding grants, loans, and financial guarantees;
(5) Adopt a spending strategy for the moneys in the fund
created in RCW 43.31.422. The strategy shall include five
and ten year goals for economic development and diversification for use of the moneys in the Hanford area;
(6) Recommend to the director no more than two allocations eligible for funding per calendar year, with a first priority on Hanford area revolving loan allocations, and Hanford
area infrastructure allocations followed by other Hanford
area economic development and diversification projects if the
committee finds that there are no suitable allocations in the
priority allocations described in this section;
(7) Establish and administer a revolving fund consistent
with this section and RCW 43.31.422 and 43.31.425; and
(8) Make grants from the Hanford area economic investment fund consistent with this section and RCW 43.31.422
and 43.31.425. [2004 c 77 § 2; 1998 c 76 § 3; 1991 c 272 §
21.]
Effective dates—1991 c 272: See RCW 81.108.901.
43.31.502
43.31.502 Child care facility revolving fund—Purpose—Source of funds. (1) A child care facility revolving
fund is created. Money in the fund shall be used solely for the
purpose of starting or improving a child care facility pursuant
to RCW *43.31.085 and 43.31.502 through 43.31.514. Only
moneys from private or federal sources may be deposited into
this fund.
(2) Funds provided under this section shall not be subject
to reappropriation. The child care facility fund committee
may use loan and grant repayments and income for the
revolving fund program. [1991 c 248 § 1; 1989 c 430 § 3.]
*Reviser's note: RCW 43.31.085 was repealed by 1993 c 280 § 81,
effective June 30, 1996.
Legislative findings—1989 c 430: "The legislature finds that increasing the availability and affordability of quality child care will enhance the
stability of the family and facilitate expanded economic prosperity in the
state. The legislature finds that balancing work and family life is a critical
concern for employers and employees. The dramatic increase in participation
of women in the work force has resulted in a demand for affordable child
care exceeding the supply. The future of the state's work force depends in
part upon the availability of quality affordable child care. There are not
enough child care services and facilities to meet the needs of working parents, the costs of care are often beyond the resources of working parents, and
facilities are not located conveniently to work places and neighborhoods.
The prospect for labor shortages resulting from the aging of the population
and the importance of the quality of the work force to the competitiveness of
Washington businesses make the availability of quality child care an important concern for the state's businesses.
The legislature further finds that a partnership between business and
child care providers can help the market for child care adjust to the needs of
businesses and working families and improve productivity, reduce absenteeism, improve recruitment, and improve morale among Washington's labor
force. The legislature further finds that private and public partnerships and
investments are necessary to increase the supply, affordability, and quality of
child care in the state." [1989 c 430 § 1.]
Severability—1989 c 430: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1989 c 430 § 12.]
[Title 43 RCW—page 206]
43.31.504 Child care facility fund committee—Generally. The child care facility fund committee is established
within the *business assistance center of the department of
community, trade, and economic development. The committee shall administer the child care facility fund, with review
by the director of community, trade, and economic development.
(1) The committee shall have five members. The director
of community, trade, and economic development shall
appoint the members, who shall include:
(a) Two persons experienced in investment finance and
having skills in providing capital to new businesses, in starting and operating businesses, and providing professional services to small or expanding businesses;
(b) One person representing a philanthropic organization
with experience in evaluating funding requests;
(c) One child care services expert; and
(d) One early childhood development expert.
In making these appointments, the director shall give
careful consideration to ensure that the various geographic
regions of the state are represented and that members will be
available for meetings and are committed to working cooperatively to address child care needs in Washington state.
(2) The committee shall elect officers from among its
membership and shall adopt policies and procedures specifying the lengths of terms, methods for filling vacancies, and
other matters necessary to the ongoing functioning of the
committee.
(3) Committee members shall serve without compensation, but may request reimbursement for travel expenses as
provided in RCW 43.03.050 and 43.03.060.
(4) Committee members shall not be liable to the state, to
the child care facility fund, or to any other person as a result
of their activities, whether ministerial or discretionary, as
members except for willful dishonesty or intentional violation of the law. The department of community, trade, and
economic development may purchase liability insurance for
members and may indemnify these persons against the claims
of others. [1993 c 280 § 45; 1989 c 430 § 4.]
43.31.504
*Reviser's note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Legislative findings—Severability—1989 c 430: See notes following
RCW 43.31.502.
43.31.506 Child care facility fund committee—
Authority to award moneys from fund. The child care
facility fund committee is authorized to solicit applications
for and award grants and loans from the child care facility
fund to assist persons, businesses, or organizations to start a
licensed child care facility, or to make capital improvements
in an existing licensed child care facility. Grants and loans
shall be awarded on a one-time only basis, and shall not be
awarded to cover operating expenses beyond the first three
months of business. No grant shall exceed twenty-five thousand dollars. No loan shall exceed one hundred thousand dollars. [1991 c 248 § 2; 1989 c 430 § 5.]
43.31.506
Legislative findings—Severability—1989 c 430: See notes following
RCW 43.31.502.
(2004 Ed.)
Department of Community, Trade, and Economic Development
43.31.508
43.31.508 Child care facility fund committee—Loans
to child care facilities. The child care facility fund committee is authorized, upon application, to use the child care facility fund to guarantee loans made to persons, businesses, or
organizations to start a licensed child care facility, or to make
capital improvements in an existing licensed child care facility.
(1) Loan guarantees shall be awarded on a one-time only
basis, and shall not be awarded for loans to cover operating
expenses beyond the first three months of business.
(2) The total aggregate amount of the loan guarantee
awarded to any applicant may not exceed twenty-five thousand dollars and may not exceed eighty percent of the loan.
(3) The total aggregate amount of guarantee from the
child care facility fund, with respect to the guaranteed portions of loans, may not exceed at any time an amount equal to
five times the balance in the child care facility fund. [1989 c
430 § 6.]
43.31.522
43.31.514
43.31.514 Child care facility fund committee—
Grants, repayment requirements. Where the child care
facility fund committee makes a grant to a person, organization, or business, the grant shall be repaid to the child care
facility fund if the child care facility using the grant to start or
expand ceases to provide child care earlier than the following
time periods from the date the grant is made: (1) Twelve
months for a grant up to five thousand dollars; (2) twentyfour months for a grant over five thousand dollars up to ten
thousand dollars; (3) thirty-six months for a grant over ten
thousand dollars up to fifteen thousand dollars; (4) fortyeight months for a grant over fifteen thousand dollars up to
twenty thousand dollars; and (5) sixty months for a grant over
twenty thousand dollars up to twenty-five thousand dollars.
[1989 c 430 § 8.]
Legislative findings—Severability—1989 c 430: See notes following
RCW 43.31.502.
43.31.522
Legislative findings—Severability—1989 c 430: See notes following
RCW 43.31.502.
43.31.512
43.31.512 Child care facility fund committee—Loans
or grants to individuals, businesses, or organizations. The
child care facility fund committee shall award loan guarantees, loans or grants to those persons, businesses, or organizations meeting the minimum standards set forth in this chapter
who will best serve the intent of the chapter to increase the
availability of high quality, affordable child care in Washington state. The committee shall promulgate rules regarding the
application for and disbursement of loan guarantees, loans, or
grants from the fund, including loan terms and repayment
procedures. At a minimum, such rules shall require an applicant to submit a plan which includes a detailed description of:
(1) The need for a new or improved child care facility in
the area served by the applicant;
(2) The steps the applicant will take to serve a reasonable
number of handicapped children as defined in *chapter 72.40
RCW, sick children, infants, children requiring night time or
weekend care, or children whose costs of care are subsidized
by government;
(3) Why financial assistance from the state is needed to
start or improve the child care facility;
(4) How the guaranteed loan, loan, or grant will be used,
and how such uses will meet the described need;
(5) The child care services to be available at the facility
and the capacity of the applicant to provide those services;
and
(6) The financial status of the applicant, including other
resources available to the applicant which will ensure the
continued viability of the facility and the availability of its
described services.
Recipients shall annually for two years following the
receipt of the loan guarantee, loan, or grant, submit to the
child care facility fund committee a report on the facility and
how it is meeting the child care needs for which it was
intended. [1989 c 430 § 7.]
43.31.522 Marketplace program—Definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout RCW 43.31.524 and
43.31.526:
(1) "Department" means the department of community,
trade, and economic development.
(2) "Center" means the business assistance center established under *RCW 43.31.083.
(3) "Director" means the director of community, trade,
and economic development.
(4) "Local nonprofit organization" means a local nonprofit organization organized to provide economic development or community development services, including but not
limited to associate development organizations, economic
development councils, and community development corporations. [1993 c 280 § 46; 1990 c 57 § 2; 1989 c 417 § 2.]
*Reviser's note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
*Reviser's note: Chapter 72.40 RCW does not contain a definition of
"handicapped children."
Finding—1990 c 57; 1989 c 417: "The legislature finds and declares
that substantial benefits in increased employment and business activity can
be obtained by assisting businesses in identifying opportunities to purchase
the goods and services they need from Washington state suppliers rather than
from out-of-state suppliers and in identifying new markets for Washington
state firms to provide goods and services. The replacement of out-of-state
imports with services and manufactured goods produced in-state can be an
important source of economic growth in a local community especially in
rural areas. Businesses in the state are often unaware that goods and services
they purchase from out-of-state suppliers are available from in-state firms
with substantial advantages in responsiveness, service, and price. Increasing
the economic partnerships between businesses in Washington state can build
bridges between urban and rural communities and can result in the identification of additional opportunities for successful economic development initiatives. Providing additional information to businesses regarding in-state
sources of goods and services can be a particularly valuable component of
revitalization strategies in economically distressed areas. The legislature
finds and declares that it is the policy of the state to strengthen the economies
of local communities by increasing the economic partnerships between instate businesses and creating programs to assist businesses in identifying instate sources of goods and services, and in addition to identify new markets
for Washington firms to provide goods and services." [1990 c 57 § 1; 1989
c 417 § 1.]
Legislative findings—Severability—1989 c 430: See notes following
RCW 43.31.502.
Severability—1989 c 417: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
(2004 Ed.)
[Title 43 RCW—page 207]
43.31.524
Title 43 RCW: State Government—Executive
the application of the provision to other persons or circumstances is not
affected." [1989 c 417 § 15.]
43.31.524
43.31.524 Marketplace program—Generally. There
is established a Washington marketplace program within the
business assistance center established under *RCW
43.31.083. The program shall assist businesses to competitively meet their needs for goods and services within Washington state by providing information relating to the replacement of imports or the fulfillment of new requirements with
Washington products produced in Washington state. The program shall place special emphasis on strengthening rural
economies in economically distressed areas of the state meeting the criteria of an "eligible area" as defined in RCW
82.60.020(3). [1993 c 280 § 47; 1990 c 57 § 3; 1989 c 417 §
3.]
*Reviser's note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Finding—1990 c 57; 1989 c 417: See note following RCW 43.31.522.
Severability—1989 c 417: See note following RCW 43.31.522.
(e) Receiving bid responses from potential suppliers and
sending them to that business for final selection; and
(f) Establish linkages with federal, regional, and Northwest governments, industry associations, and nonprofit organizations to foster buying leads and information benefiting
Washington suppliers and industry and trade associations.
(3) Contracts may include provisions for charging service fees of businesses that participate in the program.
(4) The center shall also perform the following activities
in order to promote the goals of the program:
(a) Prepare promotional materials or conduct seminars to
inform communities and organizations about the Washington
marketplace program;
(b) Provide technical assistance to communities and
organizations interested in developing an import replacement
program;
(c) Develop standardized procedures for operating the
local component of the Washington marketplace program;
and
(d) Provide continuing management and technical assistance to local contractors. [1998 c 245 § 62; 1994 c 47 § 2;
1993 c 280 § 48; 1990 c 57 § 4; 1989 c 417 § 4.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Finding—1990 c 57; 1989 c 417: See note following RCW 43.31.522.
43.31.526
43.31.526 Marketplace program—Contracts to foster linkages—Department duties. (1) The department shall
contract with governments, industry associations, or local
nonprofit organizations to foster cooperation and linkages
between distressed and nondistressed areas and between
urban and rural areas, and between Washington and other
Northwest states. The department may enter into joint contracts with multiple nonprofit organizations. Contracts with
economic development organizations to foster cooperation
and linkages between distressed and nondistressed areas and
urban and rural areas shall be structured by the department
and the distressed area marketplace programs. Contracts with
economic development organizations shall:
(a) Award contracts based on a competitive bidding process, pursuant to chapter 43.19 RCW; and
(b) Ensure that each location contain sufficient business
activity to permit effective program operation.
The department may require that contractors contribute
at least twenty percent local funding.
(2) The contracts with governments, industry associations, or local nonprofit organizations shall be for, but not
limited to, the performance of the following services for the
Washington marketplace program:
(a) Contacting Washington state businesses to identify
goods and services they are currently buying or are planning
in the future to buy out-of-state and determine which of these
goods and services could be purchased on competitive terms
within the state;
(b) Identifying locally sold goods and services which are
currently provided by out-of-state businesses;
(c) Determining, in consultation with local business,
goods and services for which the business is willing to make
contract agreements;
(d) Advertising market opportunities described in (c) of
this subsection;
[Title 43 RCW—page 208]
Severability—1989 c 417: See note following RCW 43.31.522.
43.31.545
43.31.545 Recycled materials and products—Market
development. The department is the lead state agency to
assist in establishing and improving markets for recyclable
materials generated in the state. [1991 c 319 § 210; 1989 c
431 § 64.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
Severability—Section captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
Clean Washington center: Chapter 70.95H RCW.
43.31.800
43.31.800 State international trade fairs—"Director" defined. "Director" as used in RCW *43.31.790
through 43.31.850 and **67.16.100 means the director of
community, trade, and economic development. [1993 c 280
§ 52; 1987 c 195 § 4; 1965 c 148 § 2.]
Reviser's note: *(1) RCW 43.31.790 was repealed by 1993 c 280 § 82,
effective July 1, 1994.
**(2) RCW 67.16.100 was amended by 1998 c 345 § 5, removing the
reference to "director."
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
43.31.805
43.31.805 State trade fair fund. The state trade fair
fund is created in the custody of the state treasury. All moneys received by the department of community, trade, and economic development for the purposes of this fund shall be
deposited into the fund. Expenditures from the fund may be
used only for the purpose of assisting state trade fairs. Only
the director of community, trade, and economic development
or the director's designee may authorize expenditures from
the fund. The fund is subject to allotment procedures under
chapter 43.88 RCW, but no appropriation is required for
expenditures. [1998 c 345 § 3.]
(2004 Ed.)
Department of Community, Trade, and Economic Development
Severability—Effective date—Contingent effective date—1998 c
345: See notes following RCW 15.04.090.
43.31.810
43.31.810 State international trade fairs—State aid
eligibility requirements. For the purposes of *RCW
43.31.790 through 43.31.850 and **67.16.100, as now or
hereafter amended, state international trade fair organizations, to be eligible for state financial aid hereunder (1) must
have had at least two or more years of experience in the presentation of or participation in state international trade fairs,
whether held in this state, another state or territory of the
United States or a foreign country, however these need not be
consecutive years; (2) must be able to provide, from its own
resources derived from general admission or otherwise, funds
sufficient to match at least one-half the amount of state financial aid allotted. [1987 c 195 § 5; 1975 1st ex.s. c 292 § 3;
1965 c 148 § 3.]
Reviser's note: *(1) RCW 43.31.790 was repealed by 1993 c 280 § 82,
effective July 1, 1994.
**(2) RCW 67.16.100 was amended by 1998 c 345 § 5, removing references to state trade fairs.
43.31.840
67.16.100. [1993 c 280 § 53; 1987 c 195 § 7; 1975 1st ex.s.
c 292 § 5; 1965 c 148 § 5.]
*Reviser's note: RCW 67.16.100 was amended by 1998 c 345 § 5,
removing references to state trade fairs.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
43.31.832
43.31.832 State trade fairs—Transfer of surplus
funds in state trade fair fund to general fund—Expenditure. Funds determined to be surplus funds by the director
may be transferred from the state trade fair fund to the general fund upon the recommendation of the director and the
state treasurer: PROVIDED, That the director may also elect
to expend up to one million dollars of such surplus on foreign
trade related activities, including, but not limited to, promotion of investment, tourism, and foreign trade. [1985 c 466 §
34; 1981 2nd ex.s. c 2 § 1; 1975 1st ex.s. c 292 § 8; 1972 ex.s.
c 93 § 2.]
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
State trade fair fund: RCW 43.31.805.
43.31.820
43.31.820 State international trade fairs—Application for funds. The board of trustees of any state international trade fair sponsored by any public agency, qualifying
under the provisions of *RCW 43.31.790 through 43.31.850
and **67.16.100, as now or hereafter amended, may apply to
the director for moneys to carry on the continued development as well as the operation of said fair, said money to be
appropriated from the state trade fair fund as provided for in
***RCW 67.16.100, as now or hereafter amended. [1987 c
195 § 6; 1975 1st ex.s. c 292 § 4; 1965 c 148 § 4.]
Reviser's note: *(1) RCW 43.31.790 was repealed by 1993 c 280 § 82,
effective July 1, 1994.
**(2) RCW 67.16.100 was amended by 1998 c 345 § 5, removing references to state trade fairs.
***(3) RCW 67.16.100 was amended by 1998 c 345 § 5, removing references to the state trade fair fund, which is now regulated under RCW
43.31.805.
43.31.830
43.31.830 State international trade fairs—Certification of fairs—Allotments—Division and payment from
state trade fair fund. (1) It shall be the duty of the director
of community, trade, and economic development to certify,
from the applications received, the state international trade
fair or fairs qualified and entitled to receive funds under
*RCW 67.16.100, and under rules established by the director.
(2) The director shall make annual allotments to state
international trade fairs determined qualified to be entitled to
participate in the state trade fair fund and shall fix times for
the division of and payment from the state trade fair fund:
PROVIDED, That total payment to any one state international trade fair shall not exceed sixty thousand dollars in any
one year, where participation or presentation occurs within
the United States, and eighty thousand dollars in any one
year, where participation or presentation occurs outside the
United States: PROVIDED FURTHER, That a state international trade fair may qualify for the full allotment of funds
under either category. Upon certification of the allotment and
division of fair funds by the director the treasurer shall proceed to pay the same to carry out the purposes of RCW
(2004 Ed.)
43.31.833
43.31.833 State trade fairs—Transfer of surplus
funds in state trade fair fund to general fund—Construction. RCW 43.31.832 through 43.31.834 shall not be construed to interfere with the state financial aid made available
under the provisions of *RCW 43.31.790 through 43.31.850
regardless of whether such aid was made available before or
after May 23, 1972. [1987 c 195 § 8; 1985 c 466 § 35; 1972
ex.s. c 93 § 3.]
*Reviser's note: RCW 43.31.790 was repealed by 1993 c 280 § 82,
effective July 1, 1994.
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
43.31.834
43.31.834 State trade fairs—Transfer of surplus
funds in state trade fair fund to general fund—Construction. RCW 43.31.832 through 43.31.834 shall be construed
to supersede any provision of existing law to the contrary.
[1985 c 466 § 36; 1972 ex.s. c 93 § 4.]
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
43.31.840
43.31.840 State international trade fairs—Post audit
of participating fairs—Reports. The director of community, trade, and economic development shall at the end of
each year for which an annual allotment has been made, conduct a post audit of all of the books and records of each state
international trade fair participating in the state trade fair
fund. The purpose of such post audit shall be to determine
how and to what extent each participating state international
trade fair has expended all of its funds.
The audit required by this section shall be a condition to
future allotments of money from the state international trade
fair fund, and the director shall make a report of the findings
of each post audit and shall use such report as a consideration
in an application for any future allocations. [1993 c 280 § 54;
1975 1st ex.s. c 292 § 6; 1965 c 148 § 6.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
[Title 43 RCW—page 209]
43.31.850
Title 43 RCW: State Government—Executive
43.31.850 State international trade fairs—State
international trade fair defined. State international trade
fair as used in *RCW 43.31.790 through 43.31.840 and
**67.16.100, as now or hereafter amended, shall mean a fair
supported by public agencies basically for the purpose of
introducing and promoting the sale of manufactured or cultural products and services of a given area, whether presented
in this state, the United States or its territories, or in a foreign
country. [1987 c 195 § 9; 1975 1st ex.s. c 292 § 7; 1965 c 148
§ 8.]
43.31.850
Reviser's note: *(1) RCW 43.31.790 was repealed by 1993 c 280 § 82,
effective July 1, 1994.
**(2) RCW 67.16.100 was amended by 1998 c 345 § 5, removing references to state trade fairs.
43.31.859 Rural development council—Successor
organization—Funding. Notwithstanding anything to the
contrary in chapter 41.06 RCW or any other provision of law,
the department may contract to provide funding to a successor organization under *RCW 43.31.856 to carry out activities of the organization that are consistent with the department's powers and duties. All moneys for contracts entered
into under this section are subject to appropriation. [1999 c
299 § 4.]
43.31.859
*Reviser's note: RCW 43.31.856 was repealed by 1999 c 299 § 6,
effective June 30, 2002.
43.31.942 Bond anticipation notes—Pacific Northwest festival facility construction account created—
Deposit of proceeds from bonds and notes.
43.31.942
Reviser's note: RCW 43.31.942 was amended by 1985 c 57 § 30 without reference to its repeal by 1985 c 466 § 76, effective June 30, 1985. It has
been decodified for publication purposes pursuant to RCW 1.12.025.
43.31.956 General obligation bonds—Authorized—
Issuance, sale, terms, conditions, etc.—Appropriation
required—Pledge and promise—Seal. For the purpose of
providing matching funds for the planning, design, construction, renovation, furnishing, and landscaping of a regionally
based performing arts facility, to be known as "the Washington center for the performing arts" facility located in Thurston county within the area of the city of Olympia, and for the
purpose of providing matching funds for the restoration and
renovation of "the Pantages theatre" facility located in Pierce
county within the area of the city of Tacoma, the state finance
committee is directed and authorized to issue general obligation bonds of the state of Washington in the sum of three million dollars, or so much thereof as may be required to finance
that portion of the grant by the state for the projects as provided by law: PROVIDED, That one million five hundred
thousand dollars shall be allocated for the Washington center
for the performing arts, to be built or renovated on real estate
provided by the city of Olympia as a performing arts recreational facility for the people of the state of Washington:
AND PROVIDED FURTHER, That one million five hundred thousand dollars shall be allocated for the renovation
and restoration of the "Pantages theatre" as a performing arts
recreational facility for the people of the state of Washington.
No bonds may be issued for the Washington center for
the performing arts unless matching funds are provided or
secured from the federal government, private sources, or any
other sources available including funds available pursuant to
43.31.956
[Title 43 RCW—page 210]
chapter 67.28 RCW in the amount of one million five hundred thousand dollars for the Washington center for the performing arts and the city of Olympia provides real estate for
the site of the facility.
No bonds may be issued for the Pantages theatre unless
matching funds are provided or secured from the federal government, private sources, or any other sources available
including funds available pursuant to chapter 67.28 RCW in
the amount of one million five hundred thousand dollars for
the Pantages theatre.
No bonds authorized by this section shall be offered for
sale without prior legislative appropriation, and these bonds
shall be paid and discharged within thirty years of the date of
issuance in accordance with Article VIII, section 1 of the
state Constitution.
The state finance committee is authorized to prescribe
the form of the bonds, the time of sale of all or any portion or
portions of the bonds, and the conditions of sale and issuance
thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee may
provide that the bonds, or any of them may be called prior to
the due date thereof under such terms and conditions as it
may determine. The state finance committee may authorize
the use of facsimile signatures in the issuance of the bonds.
[1981 c 244 § 1; 1979 ex.s. c 260 § 1.]
Severability—1979 ex.s. c 260: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 260 § 7.]
43.31.960
43.31.960 Administration of proceeds. The principal
proceeds from the sale of the bonds authorized in RCW
43.31.956 shall be administered by the director of community, trade, and economic development. [1995 c 399 § 72;
1987 c 195 § 10; 1979 ex.s. c 260 § 3.]
Severability—1979 ex.s. c 260: See note following RCW 43.31.956.
43.31.962
43.31.962 Retirement of bonds from cultural facilities bond redemption fund of 1979—Retirement of bonds
from state general obligation bond retirement fund—
Remedies of bondholders. The cultural facilities bond
redemption fund of 1979, hereby created in the state treasury,
shall be used for the purpose of the payment of interest on and
retirement of the bonds and notes authorized to be issued by
RCW 43.31.956 and *43.31.958. The state finance committee, on or before June 30th of each year, shall certify to the
state treasurer the amount needed in the ensuing twelve
months to meet bond retirement and interest requirements.
Not less than thirty days prior to the date on which any such
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury an amount equal to the amount
certified by the state finance committee to be due on such
payment date and deposit the same in the cultural facilities
bond redemption fund of 1979.
If a state general obligation bond retirement fund is created in the state treasury by chapter 230, Laws of 1979 1st ex.
sess. and becomes effective by statute prior to the issuance of
any of the bonds authorized by RCW 43.31.956 through
(2004 Ed.)
Economic Assistance Act of 1972
43.31.964, the state general obligation bond retirement fund
shall be used for purposes of RCW 43.31.956 through
43.31.964 in lieu of the cultural facilities bond redemption
fund of 1979, and the cultural facilities bond redemption fund
of 1979 shall cease to exist.
The owner and holder of each of the bonds or the trustee
for any of the bonds, by mandamus or other appropriate proceeding, may require and compel the transfer and payment of
funds as directed by this section. [1979 ex.s. c 260 § 4.]
*Reviser's note: RCW 43.31.958 was repealed by 1991 sp.s. c 13 §
122, effective July 1, 1991.
Chapter 43.31C RCW
COMMUNITY EMPOWERMENT ZONES
Chapter 43.31C
Sections
43.31C.005
43.31C.010
43.31C.020
43.31C.030
43.31C.040
43.31C.050
43.31C.060
43.31C.070
Severability—1979 ex.s. c 260: See note following RCW 43.31.956.
State general obligation bond retirement fund: RCW 43.83.160.
43.31.964
43.31.964 Bonds legal investment for public funds.
The bonds authorized by RCW 43.31.956 shall be a legal
investment for all state funds under state control and all funds
of municipal corporations. [1979 ex.s. c 260 § 5.]
Severability—1979 ex.s. c 260: See note following RCW 43.31.956.
Chapter 43.31A RCW
ECONOMIC ASSISTANCE ACT OF 1972
Chapter 43.31A
Sections
43.31A.400 Economic assistance authority abolished—Transfer of duties
to department of revenue.
43.31A.400
43.31A.400 Economic assistance authority abolished—Transfer of duties to department of revenue. The
economic assistance authority established by section 2, chapter 117, Laws of 1972 ex. sess. as amended by section 111,
chapter 34, Laws of 1975-'76 2nd ex. sess. is abolished, effective June 30, 1982. Any remaining duties of the economic
assistance authority are transferred to the department of revenue on that date. The public facilities construction loan and
grant revolving account within the state treasury is continued
to service the economic assistance authority's loans. [1991
sp.s. c 13 § 27; 1981 c 76 § 4.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Review—Report—1981 c 76: "The economic assistance authority
shall be reviewed and analyzed during the interim between the 1981 and
1982 legislative sessions by the ways and means committees of the house of
representatives and senate and a report shall be presented, with any recommendations, to the forty-seventh legislature which convenes in January 1,
1982." [1981 c 76 § 3.]
Savings—1981 c 76: "This act does not affect any duty owed by a taxpayer, political subdivision of the state, or Indian tribe under the statutes
repealed under section 6 of this act. The duties owed shall be administered as
if the laws in section 6 of this act were not repealed. New investment tax
deferral certificates under chapter 43.31A RCW shall not be issued on or
after June 30, 1982. The deferral of taxes and the repayment schedules under
tax deferral certificates issued before June 30, 1982, are not affected." [1981
c 76 § 7.]
Severability—1981 c 76: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 76 § 8.]
Effective dates—1981 c 76: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions. Sections 1 and 2 of this act
shall take effect March 1, 1981. Section 3 of this act shall take effect May 1,
1981. Sections 4, 5, 6, and 7 of this act shall take effect June 30, 1982."
[1981 c 76 § 9.]
(2004 Ed.)
43.31C.005
43.31C.900
43.31C.901
43.31C.902
Findings—Declaration.
Definitions.
Community empowerment zone—Application.
Community empowerment zone—Requirements.
Community empowerment plan—Requirements—Annual
progress report.
Community empowerment zones—Amendment—Termination.
Administration of chapter—Powers and duties of department.
Administration of community empowerment zone—Jurisdiction of local government—Community empowerment zone
administrator.
Short title.
Conflict with federal requirements—2000 c 212.
Severability—2000 c 212.
43.31C.005
43.31C.005 Findings—Declaration. (1) The legislature finds that:
(a) There are geographic areas within communities that
are characterized by a lack of employment opportunities, an
average income level that is below the median income level
for the surrounding community, a lack of affordable housing,
deteriorating infrastructure, and a lack of facilities for community services, job training, and education;
(b) Strategies to encourage reinvestment in these areas
by assisting local businesses to become stronger and area residents to gain economic power involve a variety of activities
and partnerships;
(c) Reinvestment in these areas cannot be accomplished
with only governmental resources and require a comprehensive approach that integrates various incentives, programs,
and initiatives to meet the economic, physical, and social
needs of the area;
(d) Successful reinvestment depends on a local government's ability to coordinate public resources in a cohesive,
comprehensive strategy that is designed to leverage longterm private investment in an area;
(e) Reinvestment can strengthen the overall tax base
through increased tax revenue from expanded and new business activities and physical property improvement;
(f) Local governments, in cooperation with area residents, can provide leadership as well as planning and coordination of resources and necessary supportive services to
address reinvestment in the area; and
(g) It is in the public interest to adopt a targeted approach
to revitalization and enlist the resources of all levels of government, the private sector, community-based organizations,
and community residents to revitalize an area.
(2) The legislature declares that the purposes of the community empowerment zone act are to:
(a) Encourage reinvestment through strong partnerships
and cooperation between all levels of government, community-based organizations, area residents, and the private sector;
(b) Involve the private sector and stimulate private reinvestment through the judicious use of public resources;
(c) Target governmental resources to those areas of
greatest need; and
(d) Include all levels of government, community individuals, organizations, and the private sector in the policy-making process. [2000 c 212 § 1.]
[Title 43 RCW—page 211]
43.31C.010
Title 43 RCW: State Government—Executive
43.31C.010
43.31C.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Area" means a geographic area within a local government that is described by a close perimeter boundary.
(2) "Community empowerment zone" means an area
meeting the requirements of RCW 43.31C.020 and officially
designated by the director.
(3) "Department" means the department of community,
trade, and economic development.
(4) "Director" means the director of the department of
community, trade, and economic development.
(5) "Local government" means a city, code city, town, or
county. [2000 c 212 § 2.]
43.31C.020
43.31C.020 Community empowerment zone—Application. (1) The department, in cooperation with the department of revenue, the employment security department, and
the office of financial management, may approve applications submitted by local governments for an area's designation as a community empowerment zone under this chapter.
The application for designation shall be in the form and manner and contain such information as the department may prescribe, provided that the application shall:
(a) Contain information sufficient for the director to
determine if the criteria established in RCW 43.31C.030 have
been met;
(b) Be submitted on behalf of the local government by its
chief elected official, or, if none, by the governing body of
the local government;
(c) Contain a five-year community empowerment plan
that meets the requirements of RCW 43.31C.040; and
(d) Certify that area residents were given the opportunity
to participate in the development of the five-year community
empowerment strategy required under RCW 43.31C.040.
(2) No local government shall submit more than two
areas to the department for possible designation as a community empowerment zone under this chapter.
(3)(a) The director may designate up to six community
empowerment zones, statewide, from among the applications
submitted for designation as a community empowerment
zone.
(b) The director shall make determinations of designated
community empowerment zones on the basis of the following
factors:
(i) The strength and quality of the local government
commitments to meet the needs identified in the five-year
community empowerment plan required under RCW
43.31C.040.
(ii) The level of private sector commitment of additional
resources and contribution to the community empowerment
zone.
(iii) The potential for revitalization of the area as a result
of designation as a community empowerment zone.
(iv) Other factors the director deems necessary.
(c) The determination of the director as to the areas designated as community empowerment zones shall be final.
(4) Except as provided in RCW 43.31C.050, an area that
was designated a community empowerment zone before January 1, 1996, under this section, automatically and without
[Title 43 RCW—page 212]
additional action by the local government continues its designation under this chapter.
(5) The department may not designate additional community empowerment zones after January 1, 2004, but may
amend or rescind designation of community empowerment
zones in accordance with RCW 43.31C.050. [2000 c 212 § 3;
1994 sp.s. c 7 § 702; 1993 sp.s. c 25 § 401. Formerly RCW
43.63A.700.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
43.31C.030
43.31C.030 Community empowerment zone—
Requirements. (1) The director may not designate an area as
a community empowerment zone unless that area meets the
following requirements:
(a) The area must be designated by the legislative authority of the local government as an area to receive federal, state,
and local assistance designed to increase economic, physical,
or social activity in the area;
(b) The area must have at least fifty-one percent of the
households in the area with incomes at or below eighty percent of the county's median income, adjusted for household
size;
(c) The average unemployment rate for the area, for the
most recent twelve-month period for which data is available
must be at least one hundred twenty percent of the average
unemployment rate of the county; and
(d) A five-year community empowerment plan for the
area that meets the requirements of RCW 43.31C.040 must
be adopted.
(2) The director may establish, by rule, such other
requirements as the director may reasonably determine necessary and appropriate to assure that the purposes of this
chapter are satisfied.
(3) In determining if an area meets the requirements of
this section, the director may consider data provided by the
United States bureau of the census from the most recent census or any other reliable data that the director determines to
be acceptable for the purposes for which the data is used.
[2000 c 212 § 4; 1994 sp.s. c 7 § 703; 1993 sp.s. c 25 § 402.
Formerly RCW 43.63A.710.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
43.31C.040
43.31C.040 Community empowerment plan—
Requirements—Annual progress report. (1) The five-year
community empowerment plan required under RCW
43.31C.020 shall contain information that describes the community development needs of the proposed community
empowerment zone and present a strategy for meeting those
needs. The plan shall address the following categories:
(a) Housing needs for all economic segments of the proposed community empowerment zone;
(b) Public infrastructure needs, such as transportation,
water, sanitation, energy, and drainage and flood control;
(2004 Ed.)
Community Empowerment Zones
(c) Other public facilities needs, such as neighborhood
facilities or facilities for the provision of health, education,
recreation, public safety, and other services;
(d) Community economic development needs, such as
commercial and industrial revitalization, job creation and
retention considering the unemployment and underemployment of area residents, accessibility to financial resources by
area residents and businesses, investment within the area, and
other related components of community economic development; and
(e) Social service needs of residents in the proposed
community empowerment zone.
(2) The local government must provide a description of
its strategy for meeting the needs identified in subsection (1)
of this section. As part of the community empowerment zone
strategy, the local government must identify the needs for
which specific plans are currently in place and the source of
funds expected to be used. For the balance of the area's needs,
the local government must identify the source of funds
expected to become available during the next two-year period
and actions the local government will take to acquire those
funds.
(3) The local government must submit an annual
progress report to the department that details the extent to
which the local government is working to meet the needs
identified in the five-year community empowerment plan. If
applicable, the progress report must also contain a discussion
on the impediments to meeting the needs outlined in the fiveyear community empowerment plan. The department must
determine the date the annual progress reports are due from
each local government. [2000 c 212 § 5.]
43.31C.050 Community empowerment zones—
Amendment—Termination. (1) The terms or conditions of
a community empowerment zone approved under this chapter may be amended to:
(a) Alter the boundaries of the community empowerment
zone; or
(b) Terminate the designation of a community empowerment zone.
(2)(a) A request for an amendment under subsection
(1)(a) of this section may not be in effect until the department
issues an amended designation for the community empowerment zone that approves the requested amendment. The local
government must promptly file with the department a request
for approval that contains information the department deems
necessary to evaluate the proposed changes and its impact on
the area's designation as a community empowerment zone
under RCW 43.31C.030. The local government must hold at
least two public hearings on the proposed changes and
include the information in its request for an amendment to its
community empowerment zone.
(b) The department shall approve or disapprove a proposed amendment to a community empowerment zone within
sixty days of its receipt of a request under subsection (1)(a) of
this section. The department may not approve changes to a
community empowerment zone that are not in conformity
with this chapter.
(3)(a) The termination of an area's designation as a community empowerment zone under subsection (1)(b) of this
section is not effective until the department issues a finding
43.31C.050
(2004 Ed.)
43.31C.070
stating the reasons for the termination, which may include
lack of commitment of resources to activities in the community empowerment zone by the public, private, and community-based sectors. The local government may file an appeal
to the department's findings within sixty days of the notice to
terminate the area's designation. The department must notify
the local government of the results within thirty days of the
filing of the appeal.
(b) A termination of an area's designation as a community empowerment zone has no effect on benefits previously
extended to individual businesses. The local government may
not commit benefits to a business after the effective date of
the termination of an area's designation as a community
empowerment zone.
(4) The department may request applications from local
governments for designation as community empowerment
zones under this chapter as a result of a termination of an
area's designation as a community empowerment zone under
this section. [2000 c 212 § 6.]
43.31C.060
43.31C.060 Administration of chapter—Powers and
duties of department. The department must administer this
chapter and has the following powers and duties:
(1) To monitor the implementation of chapter 212, Laws
of 2000 and submit reports evaluating the effectiveness of the
program and any suggestions for legislative changes to the
governor and legislature by December 1, 2000;
(2) To develop evaluation and performance measures for
local governments to measure the effectiveness of the program at the local level on meeting the objectives of this chapter;
(3) To provide information and appropriate assistance to
persons desiring to locate and operate a business in a community empowerment zone;
(4) To work with appropriate state agencies to coordinate
the delivery of programs, including but not limited to housing, community and economic development, small business
assistance, social service, and employment and training programs which are carried on in a community empowerment
zone; and
(5) To develop rules necessary for the administration of
this chapter. [2000 c 212 § 7.]
43.31C.070
43.31C.070 Administration of community empowerment zone—Jurisdiction of local government—Community empowerment zone administrator. The administration of a community empowerment zone is under the jurisdiction of the local government. Each local government must, by
ordinance, designate a community empowerment zone
administrator for the area designated as a community
empowerment zone that is within its jurisdiction. A community empowerment zone administrator must be an officer or
employee of the local government. The community empowerment zone administrator is the liaison between the local
government, the department, the business community, and
labor and community-based organizations within the community empowerment zone. [2000 c 212 § 8.]
[Title 43 RCW—page 213]
43.31C.900
Title 43 RCW: State Government—Executive
43.31C.900
43.31C.900 Short title. This chapter may be known
and cited as the Washington community empowerment zone
act. [2000 c 212 § 9.]
43.31C.901
43.31C.901 Conflict with federal requirements—
2000 c 212. If any part of this act is found to be in conflict
with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part
of this act is inoperative solely to the extent of the conflict
and with respect to the agencies directly affected, and this
finding does not affect the operation of the remainder of this
act in its application to the agencies concerned. Rules
adopted under this act must meet federal requirements that
are a necessary condition to the receipt of federal funds by the
state. [2000 c 212 § 12.]
43.31C.902
43.31C.902 Severability—2000 c 212. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2000 c 212 § 14.]
Chapter 43.32 RCW
COUNTY ROADS DESIGN STANDARDS
Chapter 43.32
(Formerly: Design standards committee)
Sections
43.32.010
43.32.020
Composition of committee.
Duties of committee.
43.32.010
43.32.010 Composition of committee. There is created
a state design standards committee of seven members, six of
which shall be appointed by the executive committee of the
Washington state association of counties to hold office at its
pleasure and the seventh to be the state aid engineer for the
department of transportation. The members to be appointed
by the executive committee of the Washington state association of counties shall be restricted to the membership of such
association or to those holding the office and/or performing
the functions of county engineer in any of the several counties of the state. [1982 c 145 § 4; 1971 ex.s. c 85 § 6; 1965 c
8 § 43.32.010. Prior: 1949 c 165 § 2; RRS § 6450-8.]
Design standards committee for arterial streets: Chapter 35.78 RCW.
43.32.020
43.32.020 Duties of committee. On or before January
1, 1950, and from time to time thereafter the design standards
committee shall adopt uniform design standards for the
county primary road systems. [1965 c 8 § 43.32.020. Prior:
1949 c 165 § 3; RRS § 6450-8j.]
Design standards for county roads and bridges: Chapter 36.86 RCW.
Chapter 43.33
Chapter 43.33 RCW
STATE FINANCE COMMITTEE
Acquisition of highway property in advance of programmed construction,
committee duties relating to: Chapter 47.12 RCW.
Bonds, notes and other evidences of indebtedness, finance committee duties:
Chapter 39.42 RCW.
Committee created: RCW 43.17.070.
County held United States bonds, disposal: RCW 36.33.190.
Fiscal agencies: Chapter 43.80 RCW.
Industrial insurance, investments: RCW 51.44.100.
Intoxicating liquor warehouses, acquisition: RCW 66.08.160.
State depositaries: Chapter 43.85 RCW.
State investment board: Chapter 43.33A RCW.
Washington State University Tree Fruit Research Center office-laboratory
facility, financing, finance committee powers and duties: RCW
28B.30.600 through 28B.30.620.
43.33.010 Composition of committee. The state treasurer, the lieutenant governor, and the governor, ex officio,
shall constitute the state finance committee. [1965 c 8 §
43.33.010. Prior: 1961 c 300 § 2; 1921 c 7 § 6, part; RRS §
10764, part.]
43.33.010
43.33.022 Washington public deposit protection
commission, state finance committee constitutes, powers,
duties and functions. See chapter 39.58 RCW.
43.33.022
43.33.030 Records—Administrative and clerical
assistance. The state finance committee shall keep a full and
complete public record of its proceedings in appropriate
books of record.
The state treasurer shall provide administrative and clerical assistance for the state finance committee. [1981 c 3 §
24; 1965 c 8 § 43.33.030. Prior: 1961 c 300 § 4; 1907 c 12 §
2; RRS § 5537.]
43.33.030
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33.040 Rules and regulations—Chairman. The
state finance committee may make appropriate rules and regulations for the performance of its duties. The state treasurer
shall act as chairman of the committee. [1965 c 8 §
43.33.040. Prior: 1907 c 12 § 3; RRS § 5538.]
43.33.040
43.33.130 Reports of debt management activities.
The state finance committee shall prepare written reports at
least annually summarizing the debt management activities
of the finance committee, which reports shall be sent to agencies having a direct financial interest in the issuance and sale
of bonds by the committee, and to other persons on written
request. [1998 c 245 § 63; 1981 c 3 § 25; 1977 ex.s. c 251 §
10.]
43.33.130
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Chapter 43.33A
Sections
43.33.010
43.33.022
43.33.030
43.33.040
43.33.130
Composition of committee.
Washington public deposit protection commission, state
finance committee constitutes, powers, duties and functions.
Records—Administrative and clerical assistance.
Rules and regulations—Chairman.
Reports of debt management activities.
[Title 43 RCW—page 214]
Chapter 43.33A RCW
STATE INVESTMENT BOARD
Sections
43.33A.010 General powers and duties.
43.33A.020 Board created—Membership—Terms—Vacancies—
Removal.
43.33A.025 Criminal history record checks for board staff finalist candidates.
(2004 Ed.)
State Investment Board
43.33A.030 Trusteeship of funds—Contracts—Delegation of powers and
duties.
43.33A.035 Delegation of authority—Investments or investment properties.
43.33A.040 Quorum—Meetings—Chairperson—Vice chairperson.
43.33A.050 Compensation of members—Travel expenses.
43.33A.060 Employment restrictions.
43.33A.070 Liability of members.
43.33A.080 Investment of funds in farm, soil, water conservation loans and
in Washington land bank.
43.33A.090 Records.
43.33A.100 Offices—Personnel—Officers—Compensation—Transfer of
employees—Existing contracts and obligations.
43.33A.110 Rules and regulations—Investment policies and procedures.
43.33A.120 Examination of accounts, files, and other records.
43.33A.130 Securities—State treasurer may cause same to be registered in
the name of the nominee.
43.33A.135 Investment policy—Investment options.
43.33A.140 Investments—Standard of investment and management.
43.33A.150 Reports of investment activities.
43.33A.160 Funding of board—State investment board expense account.
43.33A.170 Commingled trust funds—Participation of funds in investments of board.
43.33A.180 Investment accounting—Transfer of functions and duties from
state treasurer's office.
43.33A.190 Self-directed investment—Board's duties.
43.33A.200 Creation of entities for investment purposes—Liability—Tax
status.
43.33A.210 Assets not publicly traded—Treatment of rent and income—
Management accounts—Application of this chapter and
chapter 39.58 RCW.
43.33A.220 Emergency reserve fund—Board's duties.
43.33A.230 Basic health plan self-insurance reserve account—Board
duties and powers.
43.33A.010
43.33A.010 General powers and duties. The state
investment board shall exercise all the powers and perform
all duties prescribed by law with respect to the investment of
public trust and retirement funds. [1981 c 3 § 1.]
Effective dates—1981 c 3: "Sections 2, 4, 5, 6, 7, 10, 11, 16, and 47 of
this 1980 act shall take effect on July 1, 1980. The remaining sections of this
1980 act shall take effect on July 1, 1981." [1981 c 3 § 46.]
Reviser's note: Substitute House Bill No. 1610 was enacted during the
1980 legislative session, but was vetoed. The veto was overridden by the legislature as follows: Passed the House of Representatives on January 30,
1981; passed the Senate on February 6, 1981. The bill became chapter 3,
Laws of 1981.
Severability—1981 c 3: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 3 § 49.]
43.33A.020
43.33A.020 Board created—Membership—Terms—
Vacancies—Removal. There is hereby created the state
investment board to consist of fifteen members to be
appointed as provided in this section.
(1) One member who is an active member of the public
employees' retirement system and has been an active member
for at least five years. This member shall be appointed by the
governor, subject to confirmation by the senate, from a list of
nominations submitted by organizations representing active
members of the system. The initial term of appointment shall
be one year.
(2) One member who is an active member of the law
enforcement officers' and fire fighters' retirement system and
has been an active member for at least five years. This member shall be appointed by the governor, subject to confirmation by the senate, from a list of nominations submitted by
organizations representing active members of the system.
The initial term of appointment shall be two years.
(2004 Ed.)
43.33A.025
(3) One member who is an active member of the teachers' retirement system and has been an active member for at
least five years. This member shall be appointed by the superintendent of public instruction subject to confirmation by the
senate. The initial term of appointment shall be three years.
(4) The state treasurer or the assistant state treasurer if
designated by the state treasurer.
(5) A member of the state house of representatives. This
member shall be appointed by the speaker of the house of
representatives.
(6) A member of the state senate. This member shall be
appointed by the president of the senate.
(7) One member who is a retired member of a state
retirement system shall be appointed by the governor, subject
to confirmation by the senate. The initial term of appointment
shall be three years.
(8) The director of the department of labor and industries.
(9) The director of the department of retirement systems.
(10) One member who is an active member of the school
employees' retirement system and has at least five years of
service credit. This member shall be appointed by the superintendent of public instruction subject to confirmation by the
senate. The initial term of appointment shall be three years.
(11) Five nonvoting members appointed by the state
investment board who are considered experienced and qualified in the field of investments.
The legislative members shall serve terms of two years.
The initial legislative members appointed to the board shall
be appointed no sooner than January 10, 1983. The position
of a legislative member on the board shall become vacant at
the end of that member's term on the board or whenever the
member ceases to be a member of the senate or house of representatives from which the member was appointed.
After the initial term of appointment, all other members
of the state investment board, except ex officio members,
shall serve terms of three years and shall hold office until successors are appointed. Members' terms, except for ex officio
members, shall commence on January 1 of the year in which
the appointments are made.
Members may be reappointed for additional terms.
Appointments for vacancies shall be made for the unexpired
terms in the same manner as the original appointments. Any
member may be removed from the board for cause by the
member's respective appointing authority. [2002 c 303 § 1;
1985 c 195 § 1; 1981 c 219 § 1; 1981 c 3 § 2.]
Effective date—2002 c 303: "This act takes effect September 1, 2002."
[2002 c 303 § 3.]
Effective dates—1981 c 219: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect immediately [May 14, 1981], except sections 1 and 2 of this act shall take effect July
1, 1981." [1981 c 219 § 6.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.025 Criminal history record checks for board
staff finalist candidates. (1) Notwithstanding any provision
of RCW 43.43.700 through 43.43.815, the state investment
board shall require a criminal history record check for conviction records through the Washington state patrol criminal
identification system, and through the federal bureau of
43.33A.025
[Title 43 RCW—page 215]
43.33A.030
Title 43 RCW: State Government—Executive
investigation, for the purpose of conducting preemployment
evaluations of each finalist candidate for a board staff position exempt from the provisions of chapter 41.06 RCW, or
for any other position in which the employee will have
authority for or access to: (a) Funds under the jurisdiction or
responsibility of the investment board; or (b) data or security
systems of the investment board or designs for such systems.
The record check shall include a fingerprint check using a
complete Washington state criminal identification fingerprint
card, which shall be forwarded by the state patrol to the federal bureau of investigation.
(2) Information received by the investment board pursuant to this section shall be made available by the investment
board only to board employees involved in the selection, hiring, background investigation, or job assignment of the person who is the subject of the record check, or to that subject
person, and it shall be used only for the purposes of making,
supporting, or defending decisions regarding the appointment
or hiring of persons for these positions, or securing any necessary bonds or other requirements for such employment.
Otherwise, the reports, and information contained therein,
shall remain confidential and shall not be subject to the disclosure requirements of chapter 42.17 RCW.
(3) Fees charged by the Washington state patrol, or the
federal bureau of investigation, for conducting these investigations and providing these reports shall be paid by the
investment board. [2000 c 188 § 1; 1999 c 226 § 1.]
43.33A.030
43.33A.030 Trusteeship of funds—Contracts—Delegation of powers and duties. Trusteeship of those funds
under the authority of the board is vested in the voting members of the board. The nonvoting members of the board shall
advise the voting members on matters of investment policy
and practices.
The board may enter into contracts necessary to carry out
its powers and duties. The board may delegate any of its powers and duties to its executive director as deemed necessary
for efficient administration and when consistent with the purposes of chapter 3, Laws of 1981.
Subject to guidelines established by the board, the
board's executive director may delegate to board staff any of
the executive director's powers and duties including, but not
limited to, the power to make investment decisions and to
execute investment and other contracts on behalf of the
board. [1997 c 161 § 1; 1981 c 3 § 3.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.035
43.33A.035 Delegation of authority—Investments or
investment properties. The board or its executive director
may delegate by contract to private sector or other external
advisors or managers the discretionary authority, as fiduciaries, to purchase or otherwise acquire, sell, or otherwise dispose of or manage investments or investment properties on
behalf of the board, subject to investment or management criteria established by the board or its executive director. Such
criteria relevant to particular investments or class of investment applicable under the board's contract with an advisor or
manager must be incorporated by reference into the contract.
[1997 c 161 § 2.]
[Title 43 RCW—page 216]
43.33A.040
43.33A.040 Quorum—Meetings—Chairperson—
Vice chairperson. (1) A quorum to conduct the business of
the state investment board consists of at least six voting members. No action may be taken by the board without the affirmative vote of six members.
(2) The state investment board shall meet at least quarterly at such times as it may fix. The board shall elect a chairperson and vice chairperson annually: PROVIDED, That the
legislative members are not eligible to serve as chairperson.
[2002 c 303 § 2; 1981 c 219 § 2; 1981 c 3 § 4.]
Effective date—2002 c 303: See note following RCW 43.33A.020.
Effective dates—1981 c 219: See note following RCW 43.33A.020.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.050
43.33A.050 Compensation of members—Travel
expenses. Members of the state investment board who are
public employees shall serve without compensation but shall
suffer no loss because of absence from their regular employment. Members of the board who are not public employees
shall be compensated in accordance with RCW 43.03.240.
Members of the board who are not legislators shall be reimbursed for travel expenses incurred in the performance of
their duties as provided in RCW 43.03.050 and 43.03.060.
Legislative members shall receive allowances provided for in
RCW 44.04.120. [1984 c 287 § 80; 1981 c 3 § 5.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.060
43.33A.060 Employment restrictions. No member
during the term of appointment may be employed by any
investment brokerage or mortgage servicing firm doing business with the state investment board. A trust department of a
commercial bank or trust company organized under federal
or state law is not considered a mortgage servicing firm for
purposes of this section. [1981 c 3 § 6.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.070
43.33A.070 Liability of members. No member of the
state investment board is liable for the negligence, default, or
failure of any other person or other member of the board to
perform the duties of the member's office and no member of
the board shall be considered or held to be an insurer of the
funds or assets of any of the trust and retirement funds nor is
any nonvoting member liable for actions performed with the
exercise of reasonable diligence within the scope of the member's authorized activities as a member of the board. [1981 c
3 § 7.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.080
43.33A.080 Investment of funds in farm, soil, water
conservation loans and in Washington land bank. The
state investment board may invest those funds which are not
under constitutional prohibition in: (1) Farm ownership and
soil and water conservation loans fully guaranteed as to principal and interest under the Bankhead-Jones farm tenant act
administered by the United States department of agriculture;
(2004 Ed.)
State Investment Board
and (2) the Washington land bank established by *chapter
31.30 RCW. [1987 c 29 § 2; 1981 c 3 § 8.]
*Reviser's note: Chapter 31.30 RCW was repealed by 1998 c 12 § 1.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.090
43.33A.090 Records. The state investment board shall
keep a full and complete public record of its proceedings in
appropriate books of record. Within sixty days of July 1,
1981, the state investment board shall assume physical custody of all investment accounts, files, and other records of
each fund placed under the investment authority of the board.
[1981 c 3 § 9.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.130
All existing contracts and obligations pertaining to the
functions transferred to the state investment board in *this
1980 act shall remain in full force and effect, and shall be performed by the board. None of the transfers directed by *this
1980 act shall affect the validity of any act performed by a
state entity or by any official or employee thereof prior to
July 1, 1981. [2001 c 302 § 1; 1993 c 281 § 50; 1981 c 219 §
3; 1981 c 3 § 10.]
*Reviser's note: For "this 1980 act," see note following RCW
43.33A.030.
Effective date—1993 c 281: See note following RCW 41.06.022.
Effective dates—1981 c 219: See note following RCW 43.33A.020.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.110
43.33A.100
43.33A.100 Offices—Personnel—Officers—Compensation—Transfer of employees—Existing contracts
and obligations. The state investment board shall maintain
appropriate offices and employ such personnel as may be
necessary to perform its duties. Employment by the investment board shall include but not be limited to an executive
director, investment officers, and a confidential secretary,
which positions are exempt from classified service under
chapter 41.06 RCW. Employment of the executive director
by the board shall be for a term of three years, and such
employment shall be subject to confirmation of the state
finance committee: PROVIDED, That nothing shall prevent
the board from dismissing the director for cause before the
expiration of the term nor shall anything prohibit the board,
with the confirmation of the state finance committee, from
employing the same individual as director in succeeding
terms. Compensation levels for the executive director, a confidential secretary, and all investment officers, including the
deputy director for investment management, employed by the
investment board shall be established by the state investment
board. The investment board is authorized to maintain a
retention pool, from the earnings of the funds managed by the
board, in order to address recruitment and retention problems. The compensation levels for investment officers shall
be limited to the average of state funds of similar size, based
upon a biennial survey conducted by the investment board,
with review and comment by the joint legislative audit and
review committee. However, in any fiscal year the salary
increases granted by the investment board from the retention
pool to investment officers pursuant to this section may not
exceed an average of five percent.
The investment board shall provide notice to the director
of the department of personnel, the director of financial management, and the chairs of the house of representatives and
senate fiscal committees of proposed changes to the compensation levels for the positions. The notice shall be provided
not less than sixty days prior to the effective date of the proposed changes.
As of July 1, 1981, all employees classified under chapter 41.06 RCW and engaged in duties assumed by the state
investment board on July 1, 1981, are assigned to the state
investment board. The transfer shall not diminish any rights
granted these employees under chapter 41.06 RCW nor
exempt the employees from any action which may occur
thereafter in accordance with chapter 41.06 RCW.
(2004 Ed.)
43.33A.110 Rules and regulations—Investment policies and procedures. The state investment board may make
appropriate rules and regulations for the performance of its
duties. The board shall establish investment policies and procedures designed exclusively to maximize return at a prudent
level of risk. However, in the case of the department of labor
and industries' accident, medical aid, and reserve funds, the
board shall establish investment policies and procedures
designed to attempt to limit fluctuations in industrial insurance premiums and, subject to this purpose, to maximize
return at a prudent level of risk. The board shall adopt rules to
ensure that its members perform their functions in compliance with chapter 42.52 RCW. Rules adopted by the board
shall be adopted pursuant to chapter 34.05 RCW. [1994 c
154 § 310; 1989 c 179 § 1; 1988 c 130 § 1; 1981 c 219 § 4;
1981 c 3 § 11.]
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
Effective dates—1981 c 219: See note following RCW 43.33A.020.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.120
43.33A.120 Examination of accounts, files, and other
records. All accounts, files, and other records of the state
investment board which pertain to each retirement system are
subject at any time or from time to time to such reasonable
periodic, special, or other examinations by the department of
retirement systems as the director of the department of retirement systems deems necessary or appropriate. [1981 c 3 §
12.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.130
43.33A.130 Securities—State treasurer may cause
same to be registered in the name of the nominee. The
state treasurer may cause any securities in which the state
investment board deals to be registered in the name of a nominee without mention of any fiduciary relationship, except
that adequate records shall be maintained to identify the
actual owner of the security so registered. The securities so
registered shall be held in the physical custody of the state
treasurer, the federal reserve system, the designee of the state
treasurer, or, at the election of the designee and upon
approval of the state treasurer, the Depository Trust Company of New York City or its designees.
[Title 43 RCW—page 217]
43.33A.135
Title 43 RCW: State Government—Executive
With respect to the securities, the nominee shall act only
upon the order of the state investment board. All rights to the
dividends, interest, and sale proceeds from the securities and
all voting rights of the securities are vested in the actual owners of the securities, and not in the nominee. [1999 c 228 § 1;
1981 c 3 § 13.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.135
43.33A.135 Investment policy—Investment options.
The state investment board has the full power to establish
investment policy, develop participant investment options,
and manage investment funds for the state deferred compensation plan, consistent with the provisions of RCW 41.50.770
and 41.50.780. The board may continue to offer the investment options provided as of June 11, 1998, until the board
establishes a deferred compensation plan investment policy
and adopts new investment options after considering the recommendations of the employee retirement benefits board.
[1998 c 116 § 13.]
43.33A.140
43.33A.140 Investments—Standard of investment
and management. The state investment board shall invest
and manage the assets entrusted to it with reasonable care,
skill, prudence, and diligence under circumstances then prevailing which a prudent person acting in a like capacity and
familiar with such matters would use in the conduct of an
activity of like character and purpose.
The board shall:
(1) Consider investments not in isolation, but in the context of the investment of the particular fund as a whole and as
part of an overall investment strategy, which should incorporate risk and return objectives reasonably suited for that fund;
and
(2) Diversify the investments of the particular fund
unless, because of special circumstances, the board reasonably determines that the purposes of that fund are better
served without diversifying. However, no corporate fixedincome issue or common stock holding may exceed three
percent of the cost or six percent of the market value of the
assets of that fund. [1998 c 14 § 1; 1981 c 3 § 14.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.150
43.33A.150 Reports of investment activities. (1) The
state investment board shall prepare written reports at least
quarterly summarizing the investment activities of the state
investment board, which reports shall be sent to the governor,
the senate ways and means committee, the house appropriations committee, the department of retirement systems, and
other agencies having a direct financial interest in the investment of funds by the board, and to other persons on written
request. The state investment board shall provide information
to the department of retirement systems necessary for the
preparation of monthly reports.
(2) At least annually, the board shall report on the board's
investment activities for the department of labor and industries' accident, medical aid, and reserve funds to the senate
financial institutions and insurance committee, the senate
economic development and labor committee, and the house
[Title 43 RCW—page 218]
commerce and labor committee, or appropriate successor
committees. [1989 c 179 § 2; 1981 c 3 § 15.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.160
43.33A.160 Funding of board—State investment
board expense account. (1) The state investment board
shall be funded from the earnings of the funds managed by
the state investment board, proportional to the value of the
assets of each fund, subject to legislative appropriation.
(2) There is established in the state treasury a state
investment board expense account from which shall be paid
the operating expenses of the state investment board. Prior to
November 1 of each even-numbered year, the state investment board shall determine and certify to the state treasurer
and the office of financial management the value of the various funds managed by the investment board in order to determine the proportional liability of the funds for the operating
expenses of the state investment board. Pursuant to appropriation, the state treasurer is authorized to transfer such moneys
from the various funds managed by the investment board to
the state investment board expense account as are necessary
to pay the operating expenses of the investment board. [1991
sp.s. c 13 § 32; 1985 c 57 § 32; 1982 c 10 § 10. Prior: 1981 c
242 § 1; 1981 c 219 § 5; 1981 c 3 § 16.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1982 c 10: See note following RCW 6.13.080.
Effective dates—1981 c 242: See note following RCW 43.79.330.
Effective dates—1981 c 219: See note following RCW 43.33A.020.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.33A.170
43.33A.170 Commingled trust funds—Participation
of funds in investments of board. The state investment
board is authorized to establish commingled trust funds in the
state treasury for the implementation of specific investment
programs for any combination of funds under its jurisdiction.
At the discretion of the state investment board, the funds
under the jurisdiction of the board may participate in the
investments made by the board through state investment
board commingled trust funds. The state investment board
may establish accounts within any such commingled trust
fund as necessary for the implementation of specific investment programs. The combining of moneys from funds
located outside the state treasury with moneys from funds
located within the state treasury for investment under this
section shall not affect the nature, character, or purpose of a
participating fund. [1999 c 227 § 1; 1982 c 58 § 1.]
43.33A.180
43.33A.180 Investment accounting—Transfer of
functions and duties from state treasurer's office. The
state investment board shall account for and report on the
investments authorized by this chapter in the manner prescribed by the office of financial management under chapter
43.88 RCW.
After approval of the director of financial management,
all positions, reports, documents, and office equipment along
with any appropriation necessary for carrying out the func(2004 Ed.)
Capitol Committee
tions and duties transferred shall, on July 1, 1992, be transferred from the state treasurer's office to the state investment
board. All employees assigned to such classified positions to
be transferred, are assigned, without any loss of rights, to the
state investment board. [1992 c 232 § 905.]
Severability—1992 c 232: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1992 c 232 § 911.]
43.33A.190
43.33A.190 Self-directed investment—Board's
duties. Pursuant to RCW 41.34.130, the state investment
board shall invest all self-directed investment moneys under
teachers' retirement system plan 3, the school employees'
retirement system plan 3, and the public employees' retirement system plan 3 with full power to establish investment
policy, develop investment options, and manage self-directed
investment funds. [2000 c 247 § 701; 1998 c 341 § 707; 1995
c 239 § 321.]
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See note following RCW 41.34.060.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239:
See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.
Chapter 43.34
payments must be allocated as though the property were in
private ownership. [1997 c 359 § 1.]
43.33A.210 Assets not publicly traded—Treatment
of rent and income—Management accounts—Application of this chapter and chapter 39.58 RCW. Rent and
other income from real estate or other investment assets that
are not publicly traded on a daily basis or on an organized
exchange that are acquired and being held for investment by
the board or by an entity created under RCW 43.33A.200 by
the board, and being managed by an external advisor or other
property manager under contract, shall not be deemed income
or state funds for the purposes of chapter 39.58 RCW and this
title, until distributions are made to the board of such income
from the advisor or manager. Bank and other accounts established by the advisor or property manager for the purpose of
the management of such investment assets shall not be
deemed accounts established by the state for the purpose of
chapter 39.58 RCW and this title. [1997 c 359 § 2.]
43.33A.210
43.33A.220 Emergency reserve fund—Board's
duties. Pursuant to RCW 43.135.051, the state investment
board shall invest moneys in the emergency reserve fund
established in chapter 43.135 RCW with full power to establish investment policies for the fund. [1999 c 288 § 2.]
43.33A.220
Effective date—1999 c 288: See note following RCW 43.135.051.
43.33A.200
43.33A.200 Creation of entities for investment purposes—Liability—Tax status. (1) The board is authorized
to create corporations under Title 23B RCW, limited liability
companies under chapter 25.15 RCW, and limited partnerships under chapter 25.10 RCW, of which it may or may not
be the general partner, for the purposes of transferring,
acquiring, holding, overseeing, operating, or disposing of real
estate or other investment assets that are not publicly traded
on a daily basis or on an organized exchange. The liability of
each entity created by the board is limited to the assets or
properties of that entity. No creditor or other person has any
right of action against the board, its members or employees,
or the state of Washington on account of any debts, obligations, or liabilities of the entity. Entities created under this
section may be authorized by the board to make any investment that the board may make, including but not limited to
the acquisition of: Equity interests in operating companies,
the indebtedness of operating companies, and real estate.
(2) Directors, officers, and other principals of entities
created under this section must be board members, board
staff, or principals or employees of an advisor or manager
engaged by contract by the board or the entity to manage real
estate or other investment assets of the entity. Directors of
entities created under this section must be appointed by the
board. Officers and other principals of entities created under
this section are appointed by the directors.
(3) A public corporation, limited liability company, or
limited partnership created under this section has the same
immunity or exemption from taxation as that of the state. The
entity shall pay an amount equal to the amounts that would be
paid for taxes otherwise levied upon real property and personal property to the public official charged with the collection of such real property and personal property taxes as if the
property were in private ownership. The proceeds of such
(2004 Ed.)
43.33A.230 Basic health plan self-insurance reserve
account—Board duties and powers. (1) The state investment board has the full power to invest, reinvest, manage,
contract, sell, or exchange investment money in the basic
health plan self-insurance reserve account. All investment
and operating costs associated with the investment of money
shall be paid under RCW 43.33A.160 and 43.84.160. With
the exception of these expenses, the earnings from the investment of the money shall be retained by the account.
(2) All investments made by the state investment board
shall be made with the exercise of that degree of judgment
and care under RCW 43.33A.140 and the investment policy
established by the state investment board.
(3) As deemed appropriate by the investment board,
money in the account may be commingled for investment
with other funds subject to investment by the board.
(4) The investment board shall routinely consult and
communicate with the health care authority on the investment
policy, earnings of the account, and related needs of the
account. [2000 c 80 § 6.]
43.33A.230
Chapter 43.34
Chapter 43.34 RCW
CAPITOL COMMITTEE
Sections
43.34.010
43.34.015
43.34.040
43.34.080
43.34.090
Composition of committee.
Secretary of committee—Committee records.
Buildings—Erection—Improvements.
Capitol campus design advisory committee—Generally.
Building names.
Capitol building lands: Chapter 79.24 RCW.
Committee created: RCW 43.17.070.
East capitol site, powers and duties concerning: RCW 79.24.500.
Housing for state offices, duties: RCW 43.82.010.
[Title 43 RCW—page 219]
43.34.010
Title 43 RCW: State Government—Executive
43.34.010
43.34.010 Composition of committee. The governor
or the governor's designee, the lieutenant governor, the secretary of state, and the commissioner of public lands, ex officio,
shall constitute the state capitol committee. [1997 c 279 § 1;
1979 ex.s. c 57 § 10; 1965 c 8 § 43.34.010. Prior: 1961 c 300
§ 5; 1921 c 7 § 8; RRS § 10766.]
43.34.015
43.34.015 Secretary of committee—Committee
records. The commissioner of public lands shall be the secretary of the state capitol committee, but the committee may
appoint a suitable person as acting secretary thereof, and fix
his or her compensation. However, all records of the committee shall be filed in the office of the commissioner of public
lands. [1997 c 279 § 2; 1965 c 8 § 43.34.015. Prior: 1959 c
257 § 45; 1909 c 69 § 1; RRS § 7897. Formerly RCW
79.24.080.]
(a) The process of solicitation and selection of appropriate professional design services including design-build proposals;
(b) Compliance with the capitol campus master plan and
design concepts as adopted by the capitol committee;
(c) The design, siting, and grouping of state capitol facilities relative to the service needs of state government and the
impact upon the local community's economy, environment,
traffic patterns, and other factors;
(d) The relationship of overall state capitol facility planning to the respective comprehensive plans for long-range
urban development of the cities of Olympia, Lacey, and
Tumwater, and Thurston county; and
(e) Landscaping plans and designs, including planting
proposals, street furniture, sculpture, monuments, and access
to the capitol campus and buildings. [1990 c 93 § 1.]
43.34.040
43.34.040 Buildings—Erection—Improvements.
The state capitol committee may erect one or more permanent buildings; one or more temporary buildings; excavate or
partially excavate for any such building or buildings; partially erect any such building or buildings; make other temporary or permanent improvements wholly or in part; upon the
capitol grounds belonging to the state and known as the
"Sylvester site" or "Capitol place" in Olympia, Washington.
[1965 c 8 § 43.34.040. Prior: 1933 ex.s. c 34 § 1; RRS §
7915-1.]
43.34.080
43.34.080 Capitol campus design advisory committee—Generally. (1) The capitol campus design advisory
committee is established as an advisory group to the capitol
committee and the director of general administration to
review programs, planning, design, and landscaping of state
capitol facilities and grounds and to make recommendations
that will contribute to the attainment of architectural, aesthetic, functional, and environmental excellence in design
and maintenance of capitol facilities on campus and located
in neighboring communities.
(2) The advisory committee shall consist of the following persons who shall be appointed by and serve at the pleasure of the governor:
(a) Two architects;
(b) A landscape architect; and
(c) An urban planner.
The governor shall appoint the chair and vice-chair and
shall instruct the director of general administration to provide
the staff and resources necessary for implementing this section. The advisory committee shall meet at least once every
ninety days and at the call of the chair.
The members of the committee shall be reimbursed as
provided in RCW 43.03.220 and 44.04.120.
(3) The advisory committee shall also consist of the secretary of state and two members of the house of representatives, one from each caucus, who shall be appointed by the
speaker of the house of representatives, and two members of
the senate, one from each caucus, who shall be appointed by
the president of the senate.
(4) The advisory committee shall review plans and
designs affecting state capitol facilities as they are developed.
The advisory committee's review shall include:
[Title 43 RCW—page 220]
43.34.090
43.34.090 Building names. (1) The legislature shall
approve names for new or existing buildings on the state capitol grounds based upon recommendations from the state capitol committee and the director of the department of general
administration, with the advice of the capitol campus design
advisory committee, subject to the following limitations:
(a) An existing building may be renamed only after a
substantial renovation or a change in the predominant tenant
agency headquartered in the building.
(b) A new or existing building may be named or renamed
after:
(i) An individual who has played a significant role in
Washington history;
(ii) The purpose of the building;
(iii) The single or predominant tenant agency headquartered in the building;
(iv) A significant place name or natural place in Washington;
(v) A Native American tribe located in Washington;
(vi) A group of people or type of person;
(vii) Any other appropriate person consistent with this
section as recommended by the director of the department of
general administration.
(c) The names on the facades of the state capitol group
shall not be removed.
(2) The legislature shall approve names for new or existing public rooms or spaces on the west capitol campus based
upon recommendations from the state capitol committee and
the director of the department of general administration, with
the advice of the capitol campus design advisory committee,
subject to the following limitations:
(a) An existing room or space may be renamed only after
a substantial renovation;
(b) A new or existing room or space may be named or
renamed only after:
(i) An individual who has played a significant role in
Washington history;
(ii) The purpose of the room or space;
(iii) A significant place name or natural place in Washington;
(iv) A Native American tribe located in Washington;
(v) A group of people or type of person;
(2004 Ed.)
Weather Modification
(vi) Any other appropriate person consistent with this
section as recommended by the director of the department of
general administration.
(3) When naming or renaming buildings, rooms, and
spaces under this section, consideration must be given to: (a)
Any disparity that exists with respect to the gender of persons
after whom buildings, rooms, and spaces are named on the
state capitol grounds; (b) the diversity of human achievement; and (c) the diversity of the state's citizenry and history.
(4) For purposes of this section, "state capitol grounds"
means buildings and land owned by the state and otherwise
designated as state capitol grounds, including the west capitol
campus, the east capitol campus, the north capitol campus,
the Tumwater campus, the Lacey campus, Sylvester Park,
Centennial Park, the Old Capitol Building, and Capitol Lake.
[2002 c 164 § 1.]
Chapter 43.37
Chapter 43.37 RCW
WEATHER MODIFICATION
Sections
43.37.010
43.37.030
43.37.040
43.37.050
43.37.060
43.37.080
43.37.090
43.37.100
43.37.110
43.37.120
43.37.130
43.37.140
43.37.150
43.37.160
43.37.170
43.37.180
43.37.190
43.37.200
43.37.210
43.37.215
43.37.220
43.37.910
Definitions.
Powers and duties.
Promotion of research and development activities—Contracts
and agreements.
Hearing procedure.
Acceptance of gifts, donations, etc.
License and permit required.
Exemptions.
Licenses—Requirements, duration, renewal, fees.
Permits—Requirements—Hearing as to issuance.
Separate permit for each operation—Filing and publishing
notice of intention—Activities restricted by permit and
notice.
Notice of intention—Contents.
Notice of intention—Publication.
Financial responsibility.
Fees—Sanctions for failure to pay.
Records and reports—Open to public examination.
Revocation, suspension, modification of license or permit.
Liability of state denied—Legal rights of private persons not
affected.
Penalty.
Legislative declaration.
Program of emergency cloud seeding authorized.
Exemption of licensee from certain requirements.
Effective date—1973 c 64.
43.37.040
nature into practical application for experimental and demonstration purposes, including the experimental production and
testing of models, devices, equipment, materials, and processes;
(4) "Weather modification and control" means changing
or controlling, or attempting to change or control, by artificial
methods, the natural development of any or all atmospheric
cloud forms or precipitation forms which occur in the troposphere. [1973 c 64 § 1; 1965 c 8 § 43.37.010. Prior: 1957 c
245 § 1.]
43.37.030
43.37.030 Powers and duties. In the performance of its
functions the department may, in addition to any other acts
authorized by law:
(1) Establish advisory committees to advise with and
make recommendations to the department concerning legislation, policies, administration, research, and other matters;
(2) Establish by regulation or order such standards and
instructions to govern the carrying out of research or projects
in weather modification and control as the department may
deem necessary or desirable to minimize danger to health or
property; and make such rules and regulations as are necessary in the performance of its powers and duties;
(3) Make such studies, investigations, obtain such information, and hold such hearings as the department may deem
necessary or proper to assist it in exercising its authority or in
the administration or enforcement of this chapter or any regulations or orders issued thereunder;
(4) Appoint and fix the compensation of such personnel,
including specialists and consultants, as are necessary to perform its duties and functions;
(5) Acquire, in the manner provided by law, such materials, equipment, and facilities as are necessary to perform its
duties and functions;
(6) Cooperate with public or private agencies in the performance of the department's functions or duties and in furtherance of the purposes of this chapter;
(7) Represent the state in any and all matters pertaining
to plans, procedures, or negotiations for interstate compacts
relating to weather modification and control. [1973 c 64 § 2;
1965 c 8 § 43.37.030. Prior: 1957 c 245 § 3.]
43.37.010
43.37.010 Definitions. As used in this chapter, unless
the context requires otherwise:
(1) "Department" means the department of ecology;
(2) "Operation" means the performance of weather modification and control activities pursuant to a single contract
entered into for the purpose of producing or attempting to
produce, a certain modifying effect within one geographical
area over one continuing time interval not exceeding one
year; or, in case the performance of weather modification and
control activities is to be undertaken individually or jointly
by a person or persons to be benefited and not undertaken
pursuant to a contract, "operation" means the performance of
weather modification and control activities entered into for
the purpose of producing, or attempting to produce, a certain
modifying effect within one geographical area over one continuing time interval not exceeding one year;
(3) "Research and development" means theoretical analysis exploration and experimentation, and the extension of
investigative findings and theories of a scientific or technical
(2004 Ed.)
43.37.040
43.37.040 Promotion of research and development
activities—Contracts and agreements. The department
shall exercise its powers in such manner as to promote the
continued conduct of research and development activities in
the fields specified below by private or public institutions or
persons and to assist in the acquisition of an expanding fund
of theoretical and practical knowledge in such fields. To this
end the department may conduct, and make arrangements,
including contracts and agreements, for the conduct of,
research and development activities relating to:
(1) The theory and development of methods of weather
modification and control, including processes, materials, and
devices related thereto;
(2) Utilization of weather modification and control for
agricultural, industrial, commercial, and other purposes;
(3) The protection of life and property during research
and operational activities. [1973 c 64 § 3; 1965 c 8 §
43.37.040. Prior: 1957 c 245 § 4.]
[Title 43 RCW—page 221]
43.37.050
Title 43 RCW: State Government—Executive
43.37.050
43.37.050 Hearing procedure. In the case of hearings
pursuant to RCW 43.37.180 the department shall, and in
other cases may, cause a record of the proceedings to be taken
and filed with the department, together with its findings and
conclusions. For any hearing, the director of the department
or a representative designated by him is authorized to administer oaths and affirmations, examine witnesses, and issue, in
the name of the department, notice of the hearing or subpoenas requiring any person to appear and testify, or to appear
and produce documents, or both, at any designated place.
[1973 c 64 § 4; 1965 c 8 § 43.37.050. Prior: 1957 c 245 § 5.]
43.37.060
43.37.060 Acceptance of gifts, donations, etc. (1) The
department may, subject to any limitations otherwise
imposed by law, receive and accept for and in the name of the
state any funds which may be offered or become available
from federal grants or appropriations, private gifts, donations, or bequests, or any other source, and may expend such
funds, subject to any limitations otherwise provided by law,
for the encouragement of research and development by a
state, public, or private agency, either by direct grant, by contract or other cooperative means.
(2) All license and permit fees paid to the department
shall be deposited in the state general fund. [1973 c 64 § 5;
1965 c 8 § 43.37.060. Prior: 1957 c 245 § 6.]
43.37.080
43.37.080 License and permit required. Except as
provided in RCW 43.37.090, no person shall engage in activities for weather modification and control except under and in
accordance with a license and a permit issued by the department authorizing such activities. [1973 c 64 § 6; 1965 c 8 §
43.37.080. Prior: 1957 c 245 § 8.]
43.37.090
43.37.090 Exemptions. The department, to the extent it
deems practical, shall provide by regulation for exempting
from license, permit, and liability requirements, (1) research
and development and experiments by state and federal agencies, institutions of higher learning, and bona fide nonprofit
research organizations; (2) laboratory research and experiments; (3) activities of an emergent character for protection
against fire, frost, sleet, or fog; and (4) activities normally
engaged in for purposes other than those of inducing, increasing, decreasing, or preventing precipitation or hail. [1973 c
64 § 7; 1965 c 8 § 43.37.090. Prior: 1957 c 245 § 9.]
43.37.100
43.37.100 Licenses—Requirements, duration,
renewal, fees. (1) Licenses to engage in activities for
weather modification and control shall be issued to applicants
therefor who pay the license fee required and who demonstrate competence in the field of meteorology to the satisfaction of the department, reasonably necessary to engage in
activities for weather modification and control. If the applicant is an organization, these requirements must be met by
the individual or individuals who will be in control and in
charge of the operation for the applicant.
(2) The department shall issue licenses in accordance
with such procedures and subject to such conditions as it may
by regulation establish to effectuate the provisions of this
chapter. Each license shall be issued for a period to expire at
the end of the calendar year in which it is issued and, if the
[Title 43 RCW—page 222]
licensee possesses the qualifications necessary for the issuance of a new license, shall upon application be renewed at
the expiration of such period. A license shall be issued or
renewed only upon the payment to the department of one
hundred dollars for the license or renewal thereof. [1973 c 64
§ 8; 1965 c 8 § 43.37.100. Prior: 1957 c 245 § 10.]
43.37.110
43.37.110 Permits—Requirements—Hearing as to
issuance. The department shall issue permits in accordance
with such procedures and subject to such conditions as it may
by regulation establish to effectuate the provisions of this
chapter only:
(1) If the applicant is licensed pursuant to this chapter;
(2) If a sufficient notice of intention is published and
proof of publication is filed as required by RCW 43.37.140;
(3) If the applicant furnishes proof of financial responsibility, as provided in RCW 43.37.150, in an amount to be
determined by the department but not to exceed twenty thousand dollars;
(4) If the fee for a permit is paid as required by RCW
43.37.160;
(5) If the weather modification and control activities to
be conducted under authority of the permit are determined by
the department to be for the general welfare and public good;
(6) If the department has held an open public hearing in
Olympia as to such issuance. [1973 c 64 § 9; 1965 c 8 §
43.37.110. Prior: 1961 c 154 § 2; 1957 c 245 § 11.]
43.37.120
43.37.120 Separate permit for each operation—Filing and publishing notice of intention—Activities
restricted by permit and notice. A separate permit shall be
issued for each operation. Prior to undertaking any weather
modification and control activities the licensee shall file with
the department and also cause to be published a notice of
intention. The licensee, if a permit is issued, shall confine his
activities for the permitted operation within the time and area
limits set forth in the notice of intention, unless modified by
the department; and his activities shall also conform to any
conditions imposed by the department upon the issuance of
the permit or to the terms of the permit as modified after issuance. [1973 c 64 § 10; 1965 c 8 § 43.37.120. Prior: 1961 c
154 § 3; 1957 c 245 § 12.]
43.37.130
43.37.130 Notice of intention—Contents. The notice
of intention shall set forth at least all the following:
(1) The name and address of the licensee;
(2) The nature and object of the intended operation and
the person or organization on whose behalf it is to be conducted;
(3) The area in which and the approximate time during
which the operation will be conducted;
(4) The area which is intended to be affected by the operation;
(5) The materials and methods to be used in conducting
the operation. [1965 c 8 § 43.37.130. Prior: 1957 c 245 §
13.]
43.37.140
43.37.140 Notice of intention—Publication. (1) The
applicant shall cause the notice of intention, or that portion
thereof including the items specified in RCW 43.37.130, to
(2004 Ed.)
Weather Modification
be published at least once a week for three consecutive weeks
in a legal newspaper having a general circulation and published within any county in which the operation is to be conducted and in which the affected area is located, or, if the
operation is to be conducted in more than one county or if the
affected area is located in more than one county or is located
in a county other than the one in which the operation is to be
conducted, then in a legal newspaper having a general circulation and published within each of such counties. In case
there is no legal newspaper published within the appropriate
county, publication shall be made in a legal newspaper having a general circulation within the county;
(2) Proof of publication, made in the manner provided by
law, shall be filed by the licensee with the department within
fifteen days from the date of the last publication of the notice.
[1973 c 64 § 11; 1965 c 8 § 43.37.140. Prior: 1961 c 154 § 4;
1957 c 245 § 14.]
43.37.150
43.37.150 Financial responsibility. Proof of financial
responsibility may be furnished by an applicant by his showing, to the satisfaction of the department, his ability to
respond in damages for liability which might reasonably be
attached to or result from his weather modification and control activities in connection with the operation for which he
seeks a permit. [1973 c 64 § 12; 1965 c 8 § 43.37.150. Prior:
1957 c 245 § 15.]
43.37.160
43.37.160 Fees—Sanctions for failure to pay. The fee
to be paid by each applicant for a permit shall be equivalent
to one and one-half percent of the estimated cost of such
operation, the estimated cost to be computed by the department from the evidence available to it. The fee is due and
payable to the department as of the date of the issuance of the
permit; however, if the applicant is able to give to the department satisfactory security for the payment of the balance, he
may be permitted to commence the operation, and a permit
may be issued therefor, upon the payment of not less than
fifty percent of the fee. The balance due shall be paid within
three months from the date of the termination of the operation
as prescribed in the permit. Failure to pay a permit fee as
required shall be grounds for suspension or revocation of the
license of the delinquent permit holder and grounds for
refusal to renew his license or to issue any further permits to
such person. [1973 c 64 § 13; 1965 c 8 § 43.37.160. Prior:
1957 c 245 § 16.]
43.37.170
43.37.170 Records and reports—Open to public
examination. (1) Every licensee shall keep and maintain a
record of all operations conducted by him pursuant to his
license and each permit, showing the method employed, the
type of equipment used, materials and amounts thereof used,
the times and places of operation of the equipment, the name
and post office address of each individual participating or
assisting in the operation other than the licensee, and such
other general information as may be required by the department and shall report the same to the department at the time
and in the manner required.
(2) The department shall require written reports in such
manner as it provides but not inconsistent with the provisions
of this chapter, covering each operation for which a permit is
(2004 Ed.)
43.37.210
issued. Further, the department shall require written reports
from such organizations as are exempted from license, permit, and liability requirements as provided in RCW
43.37.090.
(3) The reports and records in the custody of the department shall be open for public examination. [1973 c 64 § 14;
1965 c 8 § 43.37.170. Prior: 1957 c 245 § 17.]
43.37.180
43.37.180 Revocation, suspension, modification of
license or permit. (1) The department may suspend or
revoke any license or permit issued if it appears that the licensee no longer possesses the qualifications necessary for the
issuance of a new license or permit. The department may suspend or revoke any license or permit if it appears that the licensee has violated any of the provisions of this chapter. Such
suspension or revocation shall occur only after notice to the
licensee and a reasonable opportunity granted such licensee
to be heard respecting the grounds of the proposed suspension or revocation. The department may refuse to renew the
license of, or to issue another permit to, any applicant who
has failed to comply with any provision of this chapter.
(2) The department may modify the terms of a permit
after issuance thereof if the licensee is first given notice and a
reasonable opportunity for a hearing respecting the grounds
for the proposed modification and if it appears to the department that it is necessary for the protection of the health or the
property of any person to make the modification proposed.
[1973 c 64 § 15; 1965 c 8 § 43.37.180. Prior: 1957 c 245 §
18.]
43.37.190
43.37.190 Liability of state denied—Legal rights of
private persons not affected. Nothing in this chapter shall
be construed to impose or accept any liability or responsibility on the part of the state, the department, or any state officials or employees for any weather modification and control
activities of any private person or group, nor to affect in any
way any contractual, tortious, or other legal rights, duties, or
liabilities between any private persons or groups. [1973 c 64
§ 16; 1965 c 8 § 43.37.190. Prior: 1957 c 245 § 19.]
43.37.200
43.37.200 Penalty. Any person violating any of the
provisions of this chapter or any lawful regulation or order
issued pursuant thereto, shall be guilty of a misdemeanor; and
a continuing violation is punishable as a separate offense for
each day during which it occurs. [1965 c 8 § 43.37.200.
Prior: 1957 c 245 § 20.]
43.37.210
43.37.210 Legislative declaration. The legislature
finds and declares that when prolonged lack of precipitation
or shortages of water supply in the state cause severe hardships affecting the health, safety, and welfare of the people of
the state, a program to increase precipitation is occasionally
needed for the generation of hydroelectric power, for domestic purposes, and to alleviate hardships created by the threat
of forest fires and shortages of water for agriculture. Cloud
seeding has been demonstrated to be such a program of
weather modification with increasing scientific certainty.
[1981 c 278 § 1.]
[Title 43 RCW—page 223]
43.37.215
Title 43 RCW: State Government—Executive
43.37.215 Program of emergency cloud seeding
authorized. The director of ecology may establish by rule
under chapter 34.05 RCW a program of emergency cloud
seeding. The director may include in these rules standards
and guidelines for determining the situations which warrant
cloud seeding and the means to be used for cloud seeding.
[1981 c 278 § 2.]
43.37.215
Actions during state of emergency exempt from chapter 43.21C RCW: RCW
43.21C.210.
43.37.220 Exemption of licensee from certain
requirements. Upon a proclamation of a state of emergency,
related to a lack of precipitation or a shortage of water supply,
by the governor under RCW 43.06.210, the department shall
exempt a licensee from the requirements of RCW 43.37.110
(2) and (6) and RCW 43.37.140. [1981 c 278 § 3.]
43.37.220
Actions during state of emergency exempt from chapter 43.21C RCW: RCW
43.21C.210.
43.41.290
43.41.300
43.41.310
43.41.320
43.41.330
43.41.340
43.41.350
43.41.360
43.41.370
43.41.380
43.41.901
43.41.905
43.41.940
43.41.950
43.41.970
43.41.980
Risk management—Definitions applicable to RCW
43.19.19361 and 43.19.19362.
Risk management—Division created—Powers and duties.
Risk management—Procurement of insurance and bonds.
Risk management—Procurement of insurance for municipalities.
Risk management—Enforcement of bonds under RCW
39.59.010.
Risk management—Liability account—Actuarial studies.
Risk management—Safety and loss control program.
Bonds of state officers and employees—Fixing amount—
Additional bonds—Exemptions—Duties of director.
Loss prevention review team—Appointment—Duties.
Loss prevention review team—Final report—Use of report
and testimony limited—Response report.
Construction—1977 ex.s. c 270.
Interagency task force on unintended pregnancy.
Central budget agency abolished.
Saving—1969 ex.s. c 239.
Federal requirements for receipt of federal funds.
Severability—1969 ex.s. c 239.
Reviser's note: Throughout this chapter the phrase "this 1969 amendatory act" or "this act" has been changed to "this chapter". The phrase also
includes RCW 43.88.020, 43.88.025 and 41.06.075.
Assessments and charges against state lands: Chapter 79.44 RCW.
43.37.910 Effective date—1973 c 64. The effective
date of this 1973 amendatory act shall be July 1, 1973. [1973
c 64 § 18.]
43.37.910
Chapter 43.41 RCW
OFFICE OF FINANCIAL MANAGEMENT
Chapter 43.41
Sections
43.41.030
43.41.035
43.41.040
43.41.050
43.41.060
43.41.070
43.41.080
43.41.090
43.41.100
43.41.102
43.41.104
43.41.106
43.41.110
43.41.120
43.41.130
43.41.140
43.41.150
43.41.160
43.41.170
43.41.180
43.41.190
43.41.195
43.41.220
43.41.230
43.41.240
43.41.250
43.41.260
43.41.270
43.41.280
Purpose.
Office of program planning and fiscal management redesignated office of financial management.
Definitions.
Office of financial management created—Transfer of powers,
duties, and functions.
Director—Appointment—Salary—Vacancy—Delegation of
powers and duties.
Personnel.
Deputy and assistant directors.
State civil service law—Certain personnel of office of financial management exempted.
Director's powers and duties.
Director—Contract for collection and tabulation of census
block statistics.
Settlement and payment of accounts—Duty to require.
Settlement and payment of accounts—Authority to require testimony and evidence.
Powers and duties of office of financial management.
Advisory or coordinating councils.
Passenger motor vehicles owned or operated by state agencies—Duty to establish policies as to acquisition, operation,
authorized use, etc.—Use of gasohol and alternative fuels.
Employee commuting in state-owned or leased vehicle—Policies and regulations.
Inventory of state land resources—Developing and maintaining—Summaries.
State health care cost containment policies.
Budgeting process—Agencies implementing energy conservation to retain cost savings.
Electronic funds and information transfer—State agency use.
Community network programs—Recommended legislation.
Community networks—Fund distribution formula.
Review of boards and commissions by governor—Report—
Termination—Transfers.
Boards and commissions reviewed—Exceptions.
Approval of board or commission not established or required
by statute.
Criteria for new board or commission not established or
required by statute.
Monitoring enrollee level in basic health plan and medicaid
caseload of children—Funding levels adjustment.
Natural resource-related and environmentally based grant and
loan programs—Administration and monitoring assistance—Report to legislative committees.
Risk management—Principles.
[Title 43 RCW—page 224]
Budgeting, accounting, and reporting system, powers and duties: Chapter
43.88 RCW.
Checks and drafts, form prescribed by: RCW 43.88.160.
Classes and number of positions for agencies fixed by: RCW 43.88.160.
Corrective measures by agencies, duties to enforce: RCW 43.88.160.
Development of methods and protocols for measuring educational costs—
Schedule of educational cost study reports: RCW 28B.76.310.
Efficiency surveys and analyses of agencies: RCW 43.88.160.
Employee training authorized: RCW 43.88.160.
Inventory of state-owned or leased facilities—Report: RCW 43.82.150.
Motor vehicle fund, distribution of amount to counties, office to furnish
information: RCW 46.68.124.
Moving expenses of state officers and employees, approval by: RCW
43.03.110.
Occupational forecast—Agency consultation: RCW 50.38.030.
Pay and classification plans, review of: RCW 43.88.160.
Personal service contracts, filing with office of financial management,
duties: Chapter 39.29 RCW.
Public printing, duties concerning: Chapter 43.78 RCW.
Regulations, duty to promulgate: RCW 43.88.160.
Regulatory fairness act, office of financial management participation:
Chapter 19.85 RCW.
Reports of agencies, authority to require: RCW 43.88.160.
Reports to governor, duplication of effort or lack of coordination between
agencies: RCW 43.88.160.
Requirements to seek federal waivers and state law changes to medical
assistance programs: RCW 43.20A.860.
State employees' retirement system, duties: RCW 41.40.048.
Subsistence allowance for officials and employees, director to prescribe:
RCW 43.03.050.
Tort claims against state, duties: Chapter 4.92 RCW.
Warrants or checks, form prescribed by: RCW 43.88.160.
43.41.030 Purpose. The legislature finds that the need
for long-range state program planning and for the short-range
planning carried on through the budget process, complement
each other. The biennial budget submitted to the legislature
must be considered in the light of the longer-range plans and
goals of the state. The effectiveness of the short-range plan
presented as budget proposals, cannot be measured without
being aware of these longer-range goals. Thus efficient management requires that the planning and fiscal activities of
43.41.030
(2004 Ed.)
Office of Financial Management
state government be integrated into a unified process. It is the
purpose of this chapter to bring these functions together in a
new division of the office of the governor to be called the
office of financial management. [1979 c 151 § 109; 1969
ex.s. c 239 § 1.]
43.41.104
43.41.070
43.41.070 Personnel. The director shall have the power
to employ such personnel as may be necessary for the general
administration of the office: PROVIDED, That, except as
elsewhere specified in this chapter, such employment is in
accordance with the rules of the state civil service law, chapter 41.06 RCW. [1969 ex.s. c 239 § 5.]
43.41.035
43.41.035 Office of program planning and fiscal
management redesignated office of financial management. From and after September 21, 1977, the office of program planning and fiscal management shall be known and
designated as the office of financial management. [1977 ex.s.
c 114 § 1.]
43.41.040
43.41.040 Definitions. As used in this chapter, unless
the context indicates otherwise:
(1) "Office" means the office of financial management.
(2) "Director" means the director of financial management.
(3) "Agency" means and includes every state agency,
office, officer, board, commission, department, state institution, or state institution of higher education, which includes
all state universities, regional universities, The Evergreen
State College, and community and technical colleges. [1993
c 500 § 4; 1979 c 151 § 110; 1969 ex.s. c 239 § 2.]
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.
43.41.050
43.41.050 Office of financial management created—
Transfer of powers, duties, and functions. There is created
in the office of the governor, the office of financial management which shall be composed of the present central budget
agency and the state planning, program management, and
population and research divisions of the present *planning
and community affairs agency. Any powers, duties and functions assigned to the central budget agency, or any state planning, program management, or population and research functions assigned to the present *planning and community
affairs agency by the 1969 legislature, shall be transferred to
the office of financial management. [1979 c 151 § 111; 1969
ex.s. c 239 § 3.]
*Reviser's note: "Planning and community affairs agency" means
"department of community development." See RCW 43.63A.045.
43.41.060
43.41.060 Director—Appointment—Salary—
Vacancy—Delegation of powers and duties. The executive
head of the office of financial management shall be the director, who shall be appointed by the governor with the consent
of the senate, and who shall serve at the pleasure of the governor. He shall be paid a salary to be fixed by the governor in
accordance with the provisions of RCW 43.03.040. If a
vacancy occurs in his position while the senate is not in session, the governor shall make a temporary appointment until
the next meeting of the senate, when he shall present to that
body his nomination for the office. The director may delegate
such of his powers, duties and functions to other officers and
employees of the department as he may deem necessary to
the fulfillment of the purposes of this chapter. [1979 c 151 §
112; 1969 ex.s. c 239 § 4.]
(2004 Ed.)
43.41.080
43.41.080 Deputy and assistant directors. The director may appoint such deputy directors and assistant directors
as shall be needed to administer the office of financial management. The officers appointed under this section and
exempt from the provisions of the state civil service law by
the terms of RCW 41.06.075, shall be paid salaries to be fixed
by the governor in accordance with the procedure established
by law for the fixing of salaries for officers exempt from the
operation of the state civil service law. [1979 c 151 § 113;
1969 ex.s. c 239 § 6.]
43.41.090
43.41.090 State civil service law—Certain personnel
of office of financial management exempted. See RCW
41.06.075.
43.41.100
43.41.100 Director's powers and duties. The director
of financial management shall:
(1) Supervise and administer the activities of the office
of financial management.
(2) Exercise all the powers and perform all the duties
prescribed by law with respect to the administration of the
state budget and accounting system.
(3) Advise the governor and the legislature with respect
to matters affecting program management and planning.
(4) Make efficiency surveys of all state departments and
institutions, and the administrative and business methods
pursued therein, examine into the physical needs and industrial activities thereof, and make confidential reports to the
governor, recommending necessary betterments, repairs, and
the installation of improved and more economical administrative methods, and advising such action as will result in a
greater measure of self-support and remedies for inefficient
functioning.
The director may enter into contracts on behalf of the
state to carry out the purposes of this chapter; he may act for
the state in the initiation of or participation in any multi-governmental agency program relative to the purposes of this
chapter; and he may accept gifts and grants, whether such
grants be of federal or other funds. [1979 c 151 § 114; 1969
ex.s. c 239 § 8.]
43.41.102
43.41.102 Director—Contract for collection and tabulation of census block statistics. Subject to a specific
appropriation for that purpose, the director of financial management is hereby authorized and directed to contract with
the United States bureau of census for collection and tabulation of block statistics in any or all cities and towns. [1979 c
151 § 115; 1977 ex.s. c 128 § 5.]
Severability—1977 ex.s. c 128: See note following RCW 29A.16.040.
43.41.104
43.41.104 Settlement and payment of accounts—
Duty to require. Upon receipt of information from the state
auditor as provided in *RCW 43.09.050(5) as now or hereaf[Title 43 RCW—page 225]
43.41.106
Title 43 RCW: State Government—Executive
ter amended, the director of financial management shall
require all persons who have received any moneys belonging
to the state and have not accounted therefor, to settle their
accounts and make payment thereof. [1979 c 151 § 116;
1977 ex.s. c 144 § 10.]
*Reviser's note: RCW 43.09.050 was amended by 1992 c 118 § 6,
changing subsection (5) to subsection (6).
43.41.106 Settlement and payment of accounts—
Authority to require testimony and evidence. The director
of financial management may, in his discretion, require any
person presenting an account for settlement to be sworn
before him, and to answer, orally or in writing, as to any facts
relating to it. [1979 c 151 § 117; 1977 ex.s. c 144 § 11.]
43.41.106
43.41.110 Powers and duties of office of financial
management. The office of financial management shall:
(1) Provide technical assistance to the governor and the
legislature in identifying needs and in planning to meet those
needs through state programs and a plan for expenditures.
(2) Perform the comprehensive planning functions and
processes necessary or advisable for state program planning
and development, preparation of the budget, inter-departmental and inter-governmental coordination and cooperation,
and determination of state capital improvement requirements.
(3) Provide assistance and coordination to state agencies
and departments in their preparation of plans and programs.
(4) Provide general coordination and review of plans in
functional areas of state government as may be necessary for
receipt of federal or state funds.
(5) Participate with other states or subdivisions thereof in
interstate planning.
(6) Encourage educational and research programs that
further planning and provide administrative and technical
services therefor.
(7) Carry out the provisions of RCW 43.62.010 through
43.62.050 relating to the state census.
(8) Carry out the provisions of this chapter and chapter
4.92 RCW relating to risk management.
(9) Be the official state participant in the federal-state
cooperative program for local population estimates and as
such certify all city and county special censuses to be considered in the allocation of state and federal revenues.
(10) Be the official state center for processing and dissemination of federal decennial or quinquennial census data
in cooperation with other state agencies.
(11) Be the official state agency certifying annexations,
incorporations, or disincorporations to the United States
bureau of the census.
(12) Review all United States bureau of the census population estimates used for federal revenue sharing purposes
and provide a liaison for local governments with the United
States bureau of the census in adjusting or correcting revenue
sharing population estimates.
(13) Provide fiscal notes depicting the expected fiscal
impact of proposed legislation in accordance with chapter
43.88A RCW.
(14) Be the official state agency to estimate and manage
the cash flow of all public funds as provided in chapter 43.88
RCW. To this end, the office shall adopt such rules as are
necessary to manage the cash flow of public funds. [2002 c
43.41.110
[Title 43 RCW—page 226]
332 § 23; 1981 2nd ex.s. c 4 § 13; 1979 c 10 § 3. Prior: 1977
ex.s. c 110 § 4; 1977 ex.s. c 25 § 6; 1969 ex.s. c 239 § 11.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Severability—1981 2nd ex.s. c 4: See note following RCW 43.30.325.
43.41.120
43.41.120 Advisory or coordinating councils. The
director or the governor may establish such additional advisory or coordinating councils as may be necessary to carry
out the purposes of this chapter. Members of such councils
shall serve at the pleasure of the governor. They shall receive
no compensation for their services, but shall be reimbursed
for travel expenses while engaged in business of the councils
in accordance with RCW 43.03.050 and 43.03.060 as now
existing or hereafter amended. [1975-'76 2nd ex.s. c 34 §
114; 1969 ex.s. c 239 § 12.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
43.41.130
43.41.130 Passenger motor vehicles owned or operated by state agencies—Duty to establish policies as to
acquisition, operation, authorized use, etc.—Use of gasohol and alternative fuels. The director of financial management, after consultation with other interested or affected state
agencies, shall establish overall policies governing the acquisition, operation, management, maintenance, repair, and disposal of, all passenger motor vehicles owned or operated by
any state agency. Such policies shall include but not be limited to a definition of what constitutes authorized use of a
state owned or controlled passenger motor vehicle and other
motor vehicles on official state business. The definition shall
include, but not be limited to, the use of state-owned motor
vehicles for commuter ride sharing so long as the entire capital depreciation and operational expense of the commuter
ride-sharing arrangement is paid by the commuters. Any use
other than such defined use shall be considered as personal
use.
Such policies shall also include the widest possible use
of gasohol and cost-effective alternative fuels in all motor
vehicles owned or operated by any state agency. As used in
this section, "gasohol" means motor vehicle fuel which contains more than nine and one-half percent alcohol by volume.
[1982 c 163 § 13; 1980 c 169 § 1; 1979 c 111 § 12; 1975 1st
ex.s. c 167 § 5.]
Severability—Effective date—1982 c 163: See notes following RCW
2.10.052.
Severability—1979 c 111: See note following RCW 46.74.010.
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
Commuter ride sharing: Chapter 46.74 RCW.
Motor vehicle management and transportation: RCW 43.19.500 through
43.19.635.
43.41.140
43.41.140 Employee commuting in state-owned or
leased vehicle—Policies and regulations. Pursuant to policies and regulations promulgated by the office of financial
management, an elected state officer or delegate or a state
agency director or delegate may permit an employee to commute in a state-owned or leased vehicle if such travel is on
official business, as determined in accordance with RCW
43.41.130, and is determined to be economical and advanta(2004 Ed.)
Office of Financial Management
geous to the state, or as part of a commute trip reduction program as required by RCW 70.94.551. [1993 c 394 § 3; 1979
c 151 § 119; 1975 1st ex.s. c 167 § 15.]
Finding—Purpose—1993 c 394: See note following RCW 43.01.220.
Severability—1975 1st ex.s. c 167: See note following RCW
43.19.010.
43.41.150
43.41.150 Inventory of state land resources—Developing and maintaining—Summaries. The office of financial management shall provide by administrative regulation
for the maintenance of an inventory of all state owned or controlled land resources by all state agencies owning or controlling land. That office shall cooperate with the state departments and agencies charged with administering state owned
or controlled land resources to assist them in developing and
maintaining land resources inventories that will permit their
respective inventories to be summarized into meaningful
reports for the purposes of providing executive agencies with
information for planning, budgeting, and managing state
owned or administered land resources and to provide the legislature, its members, committees, and staff with data needed
for formulation of public policy.
Such departments or agencies shall maintain and make
available such summary inventory information as may be
prescribed by the rules of the office of financial management.
That office shall give each affected department or agency
specific written notice of hearings for consideration, adoption, or modification of such rules. All information submitted
to that office under this section are a matter of public record
and shall be available from said agency upon request. [1981
c 157 § 5.]
43.41.160
43.41.160 State health care cost containment policies.
(1) It is the purpose of this section to ensure implementation
and coordination of chapter 70.14 RCW as well as other legislative and executive policies designed to contain the cost of
health care that is purchased or provided by the state. In order
to achieve that purpose, the director may:
(a) Establish within the office of financial management a
health care cost containment program in cooperation with all
state agencies;
(b) Implement lawful health care cost containment policies that have been adopted by the legislature or the governor,
including appropriation provisos;
(c) Coordinate the activities of all state agencies with
respect to health care cost containment policies;
(d) Study and make recommendations on health care cost
containment policies;
(e) Monitor and report on the implementation of health
care cost containment policies;
(f) Appoint a health care cost containment technical
advisory committee that represents state agencies that are
involved in the direct purchase, funding, or provision of
health care; and
(g) Engage in other activities necessary to achieve the
purposes of this section.
(2) All state agencies shall cooperate with the director in
carrying out the purpose of this section. [1986 c 303 § 11.]
Health care authority: Chapter 41.05 RCW.
(2004 Ed.)
43.41.180
43.41.170
43.41.170 Budgeting process—Agencies implementing energy conservation to retain cost savings. The office
of financial management shall ensure that to the extent possible the budget process shall allow state agencies implementing energy conservation to retain the resulting cost savings
for other purposes, including further energy conservation.
[1989 c 11 § 15; 1986 c 325 § 3.]
Severability—1989 c 11: See note following RCW 9A.56.220.
Findings—1986 c 325: "The legislature finds that:
(1) Capital investments in energy conservation in buildings can produce significant reductions in energy use, reducing the need to import or
extract fossil fuels and lowering the cost of operating buildings.
(2) The state of Washington has an obligation to operate state buildings
efficiently and to implement all cost-effective energy conservation measures
so that citizens are assured that public funds are spent wisely and so that citizens have an example of the savings possible from energy conservation.
(3) The state has completed energy consumption and walk-through surveys of its buildings and other facilities and has established a schedule for
technical assistance studies which is the basis for implementing energy conservation measure installations to meet the milestones in RCW 43.19.680.
However, there is uncertainty that the milestones will be met.
(4) The potential savings from energy conservation can be more readily
realized by explicitly considering conservation measures and procedures in
the state's budgeting and long-range planning process." [1986 c 325 § 1.]
43.41.180
43.41.180 Electronic funds and information transfer—State agency use. (1) The office of financial management is authorized to approve the use of electronic and other
technological means to transfer both funds and information
whenever economically feasible, to eliminate paper documentation wherever possible, and to provide greater fiscal
responsibility. This authorization includes but is not limited
to the authority to approve use of electronic means to transfer
payroll, vendor payments, and benefit payments and acceptance of credit cards, debit cards, and other consumer debt
instruments for payment of taxes, licenses, and fees. The
office of financial management shall adopt rules under
*RCW 43.41.110(13) to specify the manner in which electronic and other technological means, including credit cards,
are available to state agencies.
(2) No state agency may use electronic or other technological means, including credit cards, without specific continuing authorization from the office of financial management. [1993 c 500 § 2.]
*Reviser's note: RCW 43.41.110 was amended by 2002 c 332 § 23,
changing subsection (13) to subsection (14).
Finding—1993 c 500: "The legislature finds that:
(1) Effective and efficient management of the state's cash resources
requires expeditious revenue collection, aggregation, and investment of
available balances and timely payments;
(2) The use of credit cards, debit cards, and electronic transfers of funds
and information are customary and economical business practices to
improve cash management that the state should consider and use when
appropriate;
(3) Statutory changes are necessary to aid the state in complying with
the federal cash management improvement act of 1990; and
(4) The policies, procedures, and practices of cash management should
be reviewed and revised as required to ensure that the state achieves the most
effective cash management possible." [1993 c 500 § 1.]
Severability—1993 c 500: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 500 § 12.]
Effective date—1993 c 500: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 500 § 13.]
[Title 43 RCW—page 227]
43.41.190
Title 43 RCW: State Government—Executive
43.41.190
43.41.190 Community network programs—Recommended legislation. The office of financial management
shall review the administration of funds for programs identified under RCW 70.190.110 and propose legislation to complete interdepartmental transfers of funds or programs as necessary. The office of financial management shall review statutes that authorize the programs identified under RCW
70.190.110 and suggest legislation to eliminate statutory
requirements that may interfere with the administration of
that policy. [1994 sp.s. c 7 § 318.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
43.41.195
43.41.195 Community networks—Fund distribution
formula. (1) The office of financial management, in consultation with affected parties, shall establish a fund distribution
formula for determining allocations to the community networks authorized under RCW 70.190.130. The formula shall
reflect the local needs assessment for at-risk children and
consider:
(a) The number of arrests and convictions for juvenile
violent offenses;
(b) The number of arrests and convictions for crimes
relating to juvenile drug offenses and alcohol-related
offenses;
(c) The number of teen pregnancies and parents;
(d) The number of child and teenage suicides and
attempted suicides; and
(e) The high school graduation rate.
(2) In developing the formula, the office of financial
management shall reserve five percent of the funds for the
purpose of rewarding community networks.
(3) The reserve fund shall be used by the council to
reward community networks that show exceptional reductions in: State-funded out-of-home placements, violent criminal acts by juveniles, substance abuse, teen pregnancy and
male parentage, teen suicide attempts, or school dropout
rates. [1999 c 372 § 8; 1994 sp.s. c 7 § 319.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
43.41.220
43.41.220 Review of boards and commissions by governor—Report—Termination—Transfers. (1) The governor shall conduct a review of all of the boards and commissions identified under RCW 43.41.230 and, by January 8th of
every odd-numbered year, submit to the legislature a report
recommending which boards and commissions should be terminated or consolidated based upon the criteria set forth in
subsection (3) of this section. The report must state which of
the criteria were relied upon with respect to each recommendation. The governor shall submit an executive request bill by
January 8th of every odd-numbered year to implement the
recommendations by expressly terminating the appropriate
boards and commissions and by providing for the transfer of
duties and obligations under this section. The governor shall
accept and review with special attention recommendations
made, not later than June 1st of each even-numbered year, by
the standing committees of the legislature in determining
whether to include any board or commission in the report and
bill required by this section.
[Title 43 RCW—page 228]
(2) In addition to terminations and consolidations under
subsection (1) of this section, the governor may recommend
the transfer of duties and obligations from a board or commission to another existing state entity.
(3) In preparing his or her report and legislation, the governor shall make an evaluation based upon answers to the
questions set forth in this subsection. The governor shall give
these criteria priority in the order listed.
(a) Has the mission of the board or commission been
completed or ceased to be critical to effective state government?
(b) Does the work of the board or commission directly
affect public safety, welfare, or health?
(c) Can the work of the board or commission be effectively done by another state agency without adverse impact
on public safety, welfare, or health?
(d) Will termination of the board or commission have a
significant adverse impact on state revenue because of loss of
federal funds?
(e) Will termination of the board or commission save
revenues, be cost neutral, or result in greater expenditures?
(f) Is the work of the board or commission being done by
another board, commission, or state agency?
(g) Could the work of the board or commission be effectively done by a nonpublic entity?
(h) Will termination of the board or commission result in
a significant loss of expertise to state government?
(i) Will termination of the board or commission result in
operational efficiencies that are other than fiscal in nature?
(j) Could the work of the board or commission be done
by an ad hoc committee? [1994 sp.s. c 9 § 873.]
Declaration—Purpose—1994 sp.s. c 9: "The legislature declares there
has been an excessive proliferation of boards and commissions within state
government. These boards and commissions are often created without legislative review or input and without an assessment of whether there is a resulting duplication of purpose or process. Once created, they frequently duplicate the duties of existing governmental entities, create additional expense,
and obscure responsibility. It has been difficult to control the growth of
boards and commissions because of the many special interests involved.
Accordingly, the legislature establishes the process in this chapter to eliminate redundant and obsolete boards and commissions and to restrict the
establishment of new boards and commissions." [1994 sp.s. c 9 § 872.]
Effective date—1994 sp.s. c 9 §§ 872-876: "Sections 872 through 876
of this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect immediately [April 6, 1994]." [1994 sp.s. c
9 § 877.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
43.41.230
43.41.230 Boards and commissions reviewed—
Exceptions. The boards and commissions to be reviewed by
the governor must be all entities that are required to be
included in the list prepared by the office of financial management under RCW 43.88.505, other than entities established under: (1) Constitutional mandate; (2) court order or
rule; (3) requirement of federal law; or (4) requirement as a
condition of the state or a local government receiving federal
financial assistance if, in the judgment of the governor, no
other state agency, board, or commission would satisfy the
requirement. [1994 sp.s. c 9 § 874.]
Declaration—Purpose—Effective date—1994 sp.s. c 9 §§ 872-876:
See notes following RCW 43.41.220.
(2004 Ed.)
Office of Financial Management
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
43.41.240
43.41.240 Approval of board or commission not
established or required by statute. A new board or commission not established or required in statute that must be
included in the report required by RCW 43.88.505 may not
be established without the express approval of the director of
financial management. [1998 c 245 § 64; 1994 sp.s. c 9 §
875.]
Declaration—Purpose—Effective date—1994 sp.s. c 9 §§ 872-876:
See notes following RCW 43.41.220.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
43.41.250
43.41.250 Criteria for new board or commission not
established or required by statute. When acting on a
request to establish a new board or commission under RCW
43.41.240, the director of the office of financial management
shall consider the following criteria giving priority in the
order listed:
(1) If approval is critical to public safety, health, or welfare or to the effectiveness of state government;
(2) If approval will not result in duplication of the work
or responsibilities of another governmental agency;
(3) If approval will not have a significant impact on state
revenues;
(4) If approval is for a limited duration or on an ad hoc
basis;
(5) If the work of the board or commission could be
effectively done by a nonpublic entity;
(6) If approval will result in significant enhancement of
expertise in state government; and
(7) If approval will result in operational efficiencies
other than fiscal savings. [1994 sp.s. c 9 § 876.]
Declaration—Purpose—Effective date—1994 sp.s. c 9 §§ 872-876:
See notes following RCW 43.41.220.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
43.41.260
43.41.260 Monitoring enrollee level in basic health
plan and medicaid caseload of children—Funding levels
adjustment. The health care authority, the office of financial
management, and the department of social and health services shall together monitor the enrollee level in the basic
health plan and the medicaid caseload of children funded
from the health services account. The office of financial management shall adjust the funding levels by interagency reimbursement of funds between the basic health plan and medicaid and adjust the funding levels between the health care
authority and the medical assistance administration of the
department of social and health services to maximize combined enrollment. [1995 c 265 § 21.]
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
43.41.270
43.41.270 Natural resource-related and environmentally based grant and loan programs—Administration
and monitoring assistance—Report to legislative committees. (1) The office of financial management shall assist natural resource-related agencies in developing outcome(2004 Ed.)
43.41.270
focused performance measures for administering natural
resource-related and environmentally based grant and loan
programs. These performance measures are to be used in
determining grant eligibility, for program management and
performance assessment.
(2) The office of financial management and the governor's salmon recovery office shall assist natural resourcerelated agencies in developing recommendations for a monitoring program to measure outcome-focused performance
measures required by this section. The recommendations
must be consistent with the framework and coordinated monitoring strategy developed by the monitoring oversight committee established in RCW 77.85.210.
(3) Natural resource agencies shall consult with grant or
loan recipients including local governments, tribes, nongovernmental organizations, and other interested parties, and
report to the office of financial management on the implementation of this section. The office of financial management
shall report to the appropriate legislative committees of the
legislature on the agencies' implementation of this section,
including any necessary changes in current law, and funding
requirements by July 31, 2002. Natural resource agencies
shall assist the office of financial management in preparing
the report, including complying with time frames for submitting information established by the office of financial management.
(4) For purposes of this section, "natural resource-related
agencies" include the department of ecology, the department
of natural resources, the department of fish and wildlife, the
state conservation commission, the interagency committee
for outdoor recreation, the salmon recovery funding board,
and the public works board within the department of community, trade, and economic development.
(5) For purposes of this section, "natural resource-related
environmentally based grant and loan programs" includes the
conservation reserve enhancement program; dairy nutrient
management grants under chapter 90.64 RCW; state conservation commission water quality grants under chapter 89.08
RCW; coordinated prevention grants, public participation
grants, and remedial action grants under RCW 70.105D.070;
water pollution control facilities financing under chapter
70.146 RCW; aquatic lands enhancement grants under
*RCW 79.24.580; habitat grants under the Washington wildlife and recreation program under RCW 79A.15.040; salmon
recovery grants under chapter 77.85 RCW; and the public
work[s] trust fund program under chapter 43.155 RCW. The
term also includes programs administered by the department
of fish and wildlife related to protection or recovery of fish
stocks which are funded with moneys from the capital budget. [2001 c 227 § 2.]
*Reviser's note: RCW 79.24.580 was recodified as RCW 79.90.245
pursuant to 2003 c 334 § 569.
Findings—Intent—2001 c 227: "The legislature finds that the amount
of overall requests for funding for natural resource-related programs in the
capital budget has been steadily growing. The legislature also finds that there
is an increasing interest by the public in examining the performance of the
projects and programs to determine the return on their investments and that a
coordinated and integrated response by state agencies will allow for better
targeting of resources. The legislature further finds that there is a need to
improve the data and the integration of data that is collected by state agencies
and grant and loan recipients in order to better measure the outcomes of
projects and programs. The legislature intends to begin implementing the
recommendations contained in the joint legislative audit and review commit[Title 43 RCW—page 229]
43.41.280
Title 43 RCW: State Government—Executive
tee's report number 01-1 on investing in the environment in order to improve
the efficiency, effectiveness, and accountability of these natural resourcerelated programs funded in the state capital budget." [2001 c 227 § 1.]
*Reviser's note: RCW 43.19.19361 and 43.19.19362 were recodified
as RCW 43.41.280 and 43.41.300, respectively, pursuant to 2002 c 332 § 25,
effective July 1, 2002.
Intent—2002 c 332: See note following RCW 43.41.280.
43.41.280
43.41.280 Risk management—Principles. It is the
policy of the state for the management of risks to which it is
exposed to apply the following principles consistently in a
state program of risk management:
(1) To identify those liability and property risks which
may have a significant economic impact on the state;
(2) To evaluate risk in terms of the state's ability to fund
potential loss rather than the ability of an individual agency to
fund potential loss;
(3) To eliminate or improve conditions and practices
which contribute to loss whenever practical;
(4) To assume risks to the maximum extent practical;
(5) To provide flexibility within the state program to
meet the unique requirements of any state agency for insurance coverage or service;
(6) To purchase commercial insurance:
(a) When the size and nature of the potential loss make it
in the best interest of the state to purchase commercial insurance; or
(b) When the fiduciary of encumbered property insists
on commercial insurance; or
(c) When the interest protected is not a state interest and
an insurance company is desirable as an intermediary; or
(d) When services provided by an insurance company
are considered necessary; or
(e) When services or coverages provided by an insurance
company are cost-effective; or
(f) When otherwise required by statute; and
(7) To develop plans for the management and protection
of the revenues and assets of the state. [1985 c 188 § 2; 1977
ex.s. c 270 § 1. Formerly RCW 43.19.19361.]
Intent—2002 c 332: "It is the intent of the legislature that state risk
management should have increased visibility at a policy level in state
government. This increased visibility can best be accomplished by the transfer of the statewide risk management function from the department of general administration to the office of financial management. The legislature
intends that this transfer will result in increasing visibility for the management and funding of statewide risk, increasing executive involvement in risk
management issues, and improving statewide risk management accountability." [2002 c 332 § 1.]
Effective date—2002 c 332: "This act shall take effect July 1, 2002."
[2002 c 332 § 26.]
Construction—1977 ex.s. c 270: See RCW 43.41.901.
43.41.290
43.41.290 Risk management—Definitions applicable
to *RCW 43.19.19361 and 43.19.19362. As used in *RCW
43.19.19361 and 43.19.19362:
(1) "State agency" includes any state office, agency,
commission, department, or institution, including colleges,
universities, and community colleges, financed in whole or
part from funds appropriated by the legislature; and
(2) "Risk management" means the total effort and continuous step by step process of risk identification, measurement, minimization, assumption, transfer, and loss adjustment which is aimed at protecting assets and revenues against
accidental loss. [1977 ex.s. c 270 § 3. Formerly RCW
43.19.19363.]
[Title 43 RCW—page 230]
Construction—1977 ex.s. c 270: See RCW 43.41.901.
43.41.300
43.41.300 Risk management—Division created—
Powers and duties. There is hereby created a risk management division within the office of financial management. The
director shall implement the risk management policy in RCW
43.41.280 through the risk management division. The director shall appoint a risk manager to supervise the risk management division. The risk management division shall make recommendations when appropriate to state agencies on the
application of prudent safety, security, loss prevention, and
loss minimization methods so as to reduce or avoid risk or
loss. [2002 c 332 § 7; 1998 c 245 § 55; 1987 c 505 § 25; 1985
c 188 § 3; 1977 ex.s. c 270 § 2. Formerly RCW 43.19.19362.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Construction—1977 ex.s. c 270: See RCW 43.41.901.
43.41.310
43.41.310 Risk management—Procurement of insurance and bonds. As a means of providing for the procurement of insurance and bonds on a volume rate basis, the
director shall purchase or contract for the needs of state agencies in relation to all such insurance and bonds: PROVIDED,
That authority to purchase insurance may be delegated to
state agencies. Insurance in force shall be reported to the risk
management division periodically under rules established by
the director. Nothing contained in this section shall prohibit
the use of licensed agents or brokers for the procurement and
service of insurance.
The amounts of insurance or bond coverage shall be as
fixed by law, or if not fixed by law, such amounts shall be as
fixed by the director.
The premium cost for insurance acquired and bonds furnished shall be paid from appropriations or other appropriate
resources available to the state agency or agencies for which
procurement is made, and all vouchers drawn in payment
therefor shall bear the written approval of the risk management division prior to the issuance of the warrant in payment
therefor. Where deemed advisable the premium cost for
insurance and bonds may be paid by the risk management
administration account which shall be reimbursed by the
agency or agencies for which procurement is made. [2002 c
332 § 5; 1998 c 105 § 8; 1985 c 188 § 1; 1977 ex.s. c 270 § 6;
1975 c 40 § 9; 1965 c 8 § 43.19.1935. Prior: 1959 c 178 § 18.
Formerly RCW 43.19.1935.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Effective date—1998 c 105: See note following RCW 43.19.025.
Construction—1977 ex.s. c 270: See RCW 43.41.901.
Powers and duties of director of general administration as to official bonds:
RCW 43.41.360.
43.41.320
43.41.320 Risk management—Procurement of insurance for municipalities. The director, through the risk management division, may purchase, or contract for the purchase
of, property and liability insurance for any municipality upon
request of the municipality.
(2004 Ed.)
Office of Financial Management
As used in this section, "municipality" means any city,
town, county, special purpose district, municipal corporation,
or political subdivision of the state of Washington. [2002 c
332 § 6; 1985 c 188 § 5. Formerly RCW 43.19.1936.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
43.41.330
43.41.330 Risk management—Enforcement of bonds
under RCW 39.59.010. The director, through the risk management division, shall receive and enforce bonds posted pursuant to RCW 39.59.010 (3) and (4). [2002 c 332 § 8; 1988 c
281 § 6. Formerly RCW 43.19.19367.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Severability—1988 c 281: See RCW 39.59.900.
43.41.340
43.41.340 Risk management—Liability account—
Actuarial studies. The office shall conduct periodic actuarial studies to determine the amount of money needed to adequately fund the liability account. [2002 c 332 § 9; 1989 c
419 § 11. Formerly RCW 43.19.19369.]
Intent—Effective date—2002 c 332: See notes following RCW
43.41.280.
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
Liability account created: RCW 4.92.130.
43.41.350
43.41.350 Risk management—Safety and loss control
program. (1) The office of risk management shall establish
a coordinated safety and loss control program to reduce liability exposure, safeguard state assets, and reduce costs associated with state liability and property losses.
(2) State agencies shall provide top management support
and commitment to safety and loss control, and develop
awareness through education, training, and information sharing.
(3) The office of risk management shall develop and
maintain centralized loss history information for the purpose
of identifying and analyzing risk exposures. Loss history
information shall be privileged and confidential and reported
only to appropriate agencies.
(4) The office of risk management shall develop methods
of statistically monitoring agency and statewide effectiveness
in controlling losses.
(5) The office of risk management will routinely review
agency loss control programs as appropriate to suggest
improvements, and observe and recognize successful safety
policies and procedures.
(6) The office of risk management shall provide direct
assistance to smaller state agencies in technical aspects of
proper safety and loss control procedures, upon request.
[1989 c 419 § 6. Formerly RCW 43.19.19368.]
Intent—2002 c 332: See note following RCW 43.41.280.
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
43.41.360
43.41.360 Bonds of state officers and employees—
Fixing amount—Additional bonds—Exemptions—Duties
of director. In addition to other powers and duties prescribed by this chapter, the director shall:
(2004 Ed.)
43.41.370
(1) Fix the amount of bond to be given by each appointive state officer and each employee of the state in all cases
where it is not fixed by law;
(2) Require the giving of an additional bond, or a bond in
a greater amount than provided by law, in all cases where in
his judgment the statutory bond is not sufficient in amount to
cover the liabilities of the officer or employee;
(3) Exempt subordinate employees from giving bond
when in his judgment their powers and duties are such as not
to require a bond. [1975 c 40 § 13. Formerly RCW
43.19.540.]
Intent—2002 c 332: See note following RCW 43.41.280.
43.41.370
43.41.370 Loss prevention review team—Appointment—Duties. (1) The director of financial management
shall appoint a loss prevention review team when the death of
a person, serious injury to a person, or other substantial loss
is alleged or suspected to be caused at least in part by the
actions of a state agency, unless the director in his or her discretion determines that the incident does not merit review. A
loss prevention review team may also be appointed when any
other substantial loss occurs as a result of agency policies, litigation or defense practices, or other management practices.
When the director decides not to appoint a loss prevention
review team he or she shall issue a statement of the reasons
for the director's decision. The statement shall be made available on the web site of the office of financial management.
The director's decision pursuant to this section to appoint or
not appoint a loss prevention review team shall not be admitted into evidence in a civil or administrative proceeding.
(2) A loss prevention review team shall consist of at least
three but no more than five persons, and may include independent consultants, contractors, or state employees, but it
shall not include any person employed by the agency
involved in the loss or risk of loss giving rise to the review,
nor any person with testimonial knowledge of the incident to
be reviewed. At least one member of the review team shall
have expertise relevant to the matter under review.
(3) The loss prevention review team shall review the
death, serious injury, or other incident and the circumstances
surrounding it, evaluate its causes, and recommend steps to
reduce the risk of such incidents occurring in the future. The
loss prevention review team shall accomplish these tasks by
reviewing relevant documents, interviewing persons with relevant knowledge, and reporting its recommendations in writing to the director of financial management and the director
of the agency involved in the loss or risk of loss within the
time requested by the director of financial management. The
final report shall not disclose the contents of any documents
required by law to be kept confidential.
(4) Pursuant to guidelines established by the director,
state agencies must notify the office of financial management
immediately upon becoming aware of a death, serious injury,
or other substantial loss that is alleged or suspected to be
caused at least in part by the actions of the state agency. State
agencies shall provide the loss prevention review team ready
access to relevant documents in their possession and ready
access to their employees. [2002 c 333 § 2.]
Intent—2002 c 333: "The legislature intends that when the death of a
person, serious injury to a person, or other substantial loss is alleged or suspected to be caused at least in part by the actions of a state agency, a loss pre[Title 43 RCW—page 231]
43.41.380
Title 43 RCW: State Government—Executive
vention review shall be conducted. The legislature recognizes the tension
inherent in a loss prevention review and the need to balance the prevention
of harm to the public with state agencies' accountability to the public. The
legislature intends to minimize this tension and to foster open and frank discussions by granting members of the loss prevention review teams protection
from having to testify, and by declaring a general rule that the work product
of these teams is inadmissible in civil actions or administrative proceedings."
[2002 c 333 § 1.]
43.41.380
43.41.380 Loss prevention review team—Final
report—Use of report and testimony limited—Response
report. (1) The final report from a loss prevention review
team to the director of financial management shall be made
public by the director promptly upon receipt, and shall be
subject to public disclosure. The final report shall be subject
to discovery in a civil or administrative proceeding. However, the final report shall not be admitted into evidence or
otherwise used in a civil or administrative proceeding except
pursuant to subsection (2) of this section.
(2) The relevant excerpt or excerpts from the final report
of a loss prevention review team may be used to impeach a
fact witness in a civil or administrative proceeding only if the
party wishing to use the excerpt or excerpts from the report
first shows the court by clear and convincing evidence that
the witness, in testimony provided in deposition or at trial in
the present proceeding, has contradicted his or her previous
statements to the loss prevention review team on an issue of
fact material to the present proceeding. In that case, the party
may use only the excerpt or excerpts necessary to demonstrate the contradiction. This section shall not be interpreted
as expanding the scope of material that may be used to
impeach a witness.
(3) No member of a loss prevention review team may be
examined in a civil or administrative proceeding as to (a) the
work of the loss prevention review team, (b) the incident
under review, (c) his or her statements, deliberations,
thoughts, analyses, or impressions relating to the work of the
loss prevention review team or the incident under review, or
(d) the statements, deliberations, thoughts, analyses, or
impressions of any other member of the loss prevention
review team, or any person who provided information to it,
relating to the work of the loss prevention review team or the
incident under review.
(4) Any document that exists prior to the appointment of
a loss prevention review team, or that is created independently of such a team, does not become inadmissible merely
because it is reviewed or used by the loss prevention review
team. A person does not become unavailable as a witness
merely because the person has been interviewed by or has
provided a statement to a loss prevention review team. However, if called as a witness, the person may not be examined
regarding the person's interactions with the loss prevention
review team, including without limitation whether the loss
prevention review team interviewed the person, what questions the loss prevention review team asked, and what
answers the person provided to the loss prevention review
team. This section shall not be construed as restricting the
person from testifying fully in any proceeding regarding his
or her knowledge of the incident under review.
(5) Documents prepared by or for the loss prevention
review team are inadmissible and may not be used in a civil
or administrative proceeding, except that excerpts may be
[Title 43 RCW—page 232]
used to impeach the credibility of a witness under the same
circumstances that excerpts of the final report may be used
pursuant to subsection (2) of this section.
(6) The restrictions set forth in this section shall not
apply in a licensing or disciplinary proceeding arising from
an agency's effort to revoke or suspend the license of any
licensed professional based in whole or in part upon allegations of wrongdoing in connection with the death, injury, or
other incident reviewed by the loss prevention review team.
(7) Within one hundred twenty days after completion of
the final report of a loss prevention review team, the agency
under review shall issue to the office of financial management a response to the report. The response will indicate (a)
which of the report's recommendations the agency hopes to
implement, (b) whether implementation of those recommendations will require additional funding or legislation, and (c)
whatever other information the director may require. This
response shall be considered part of the final report and shall
be subject to all provisions of this section that apply to the
final report, including without limitation the restrictions on
admissibility and use in civil or administrative proceedings
and the obligation of the director to make the final report public.
(8) Nothing in RCW 43.41.370 or this section is intended
to limit the scope of a legislative inquiry into or review of an
incident that is the subject of a loss prevention review.
(9) Nothing in RCW 43.41.370 or in this section affects
chapter 70.41 RCW and application of that chapter to stateowned or managed hospitals licensed under chapter 70.41
RCW. [2002 c 333 § 3.]
Intent—2002 c 333: See note following RCW 43.41.370.
43.41.901
43.41.901 Construction—1977 ex.s. c 270. Nothing in
this 1977 amendatory act shall be construed as amending,
repealing, or otherwise affecting RCW 28B.20.250 through
28B.20.255. [1977 ex.s. c 270 § 9. Formerly RCW
43.19.19364.]
Intent—2002 c 332: See note following RCW 43.41.280.
43.41.905
43.41.905 Interagency task force on unintended
pregnancy. The legislature finds that, according to the
department of health's monitoring system, sixty percent of
births to women on medicaid were identified as unintended
by the women themselves. The director of the office of financial management shall establish an interagency task force on
unintended pregnancy in order to:
(1) Review existing research on the short and long-range
costs;
(2) Analyze the impact on the temporary assistance for
needy families program; and
(3) Develop and implement a state strategy to reduce
unintended pregnancy. [1997 c 58 § 1001.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
43.41.940
43.41.940 Central budget agency abolished. On
August 11, 1969, the central budget agency is abolished.
[1969 ex.s. c 239 § 17.]
(2004 Ed.)
Office of Regulatory Assistance
43.41.950
43.41.950 Saving—1969 ex.s. c 239. Nothing in this
chapter shall be construed as affecting any existing rights
acquired under the sections amended or repealed herein
except as to the governmental agencies referred to and their
officials and employees, nor as affecting any actions, activities or proceedings validated thereunder, nor as affecting any
civil or criminal proceedings instituted thereunder, nor any
rule, regulation, resolution or order promulgated thereunder,
nor any administrative action taken thereunder; nor shall the
transfer of powers, duties and functions provided for herein
affect the validity of any act performed by such agency or any
officer thereof prior to August 11, 1969. [1969 ex.s. c 239 §
18.]
43.41.970
43.41.970 Federal requirements for receipt of federal
funds. If any part of this chapter is ruled to be in conflict
with federal requirements which are a prescribed condition of
the allocation of federal funds to the state, or to any departments or agencies thereof, such conflicting part of this chapter is declared to be inoperative solely to the extent of the
conflict. No such ruling shall affect the operation of the
remainder of this chapter. Any internal reorganization carried
out under the terms of this chapter shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state. [1969 ex.s. c 239 § 20.]
43.41.980
43.41.980 Severability—1969 ex.s. c 239. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of this chapter, or
the application of the provision to other persons or circumstances shall not be affected. [1969 ex.s. c 239 § 21.]
Chapter 43.42 RCW
OFFICE OF REGULATORY ASSISTANCE
Chapter 43.42
(Formerly: Office of permit assistance)
Sections
43.42.005
43.42.010
43.42.020
43.42.030
43.42.040
43.42.050
43.42.060
43.42.070
43.42.080
43.42.900
43.42.901
43.42.905
43.42.005
Findings—Purpose—Intent.
Office created—Duties.
Operating principle—Providing information regarding permits.
Definitions.
Maintaining and furnishing information—Contact point—Call
center—Web site.
Assisting project applicant—Project facilitator—Project scoping.
Coordinating permit agencies—Project coordinator—Cost
reimbursement agreement.
Cost-reimbursement agreements.
Coordinating permit agencies—Timelines.
Jurisdiction of energy facility site evaluation council not
affected.
Authority of permit agencies not affected.
Transfer of powers, duties, functions.
43.42.005 Findings—Purpose—Intent. (1) The legislature finds that the health and safety of its citizens, natural
resources, and the environment are vital interests of the state
that must be protected to preserve the state's quality of life.
The legislature also finds that the state's economic well-being
is a vital interest that depends upon the development of fair,
coordinated regulatory processes that ensure that the state not
only protects public health and safety and natural resources
but also encourages appropriate activities that stimulate
growth and development. The legislature further finds that
(2004 Ed.)
43.42.005
Washington's regulatory programs have established strict
standards to protect public health and safety and the environment.
(2) The legislature also finds that, as the number of environmental and land use laws have grown in Washington, so
have the number of permits required of business and government. The increasing number of individual permits and permit agencies has generated the potential for conflict, overlap,
and duplication among various state, local, and federal permits. Lack of coordination in the processing of project applications may cause costly delays and frustration to applicants.
(3) The legislature further finds that not all project applicants require the same type of assistance. Applicants with
small projects may merely need information about local and
state permits and assistance in applying for those permits,
while intermediate-sized projects may require a facilitated
permit process, and large complex projects may need extensive coordination among local, state, and federal agencies
and tribal governments.
(4) The legislature further finds that persons doing business in Washington state should have access to clear and
appropriate information regarding state regulations, permit
requirements, and agency rule-making processes.
(5) The legislature, therefore, finds that a range of assistance and coordination options should be available to project
applicants from a state office independent of any local, state,
or federal permit agency. The legislature finds that citizens,
businesses, and project applicants should be provided with:
(a) A reliable and consolidated source of information
concerning federal, state, and local environmental and land
use laws and procedures that may apply to any given project;
(b) Facilitated interagency forums for discussion of significant issues related to the multiple permitting processes if
needed for some project applicants; and
(c) Active coordination of all applicable regulatory and
land use permitting procedures if needed for some project
applicants.
(6) The legislature declares that the purpose of this chapter is to transfer the existing permit assistance center in the
department of ecology to a new office of permit assistance in
the office of financial management to:
(a) Assure that citizens, businesses, and project applicants will continue to be provided with vital information
regarding environmental and land use laws and with assistance in complying with environmental and land use laws to
promote understanding of these laws and to protect public
health and safety and the environment;
(b) Ensure that facilitation of project permit decisions by
permit agencies promotes both process efficiency and environmental protection;
(c) Allow for coordination of permit processing for large
projects upon project applicants' request and at project applicants' expense to promote efficiency, ensure certainty, and
avoid conflicts among permit agencies; and
(d) Provide these services through an office independent
of any permit agency to ensure that any potential or perceived
conflicts of interest related to providing these services or
making permit decisions can be avoided.
(7) The legislature also declares that the purpose of this
chapter is to provide citizens of the state with access to infor[Title 43 RCW—page 233]
43.42.010
Title 43 RCW: State Government—Executive
mation regarding state regulations, permit requirements, and
agency rule-making processes in Washington state.
(8) The legislature intends that establishing an office of
regulatory assistance will provide these services without
abrogating or limiting the authority of any permit agency to
make decisions on permits that it issues or any rule-making
agency to make decisions on regulations. The legislature
therefore declares that the office of regulatory assistance
shall have authority to provide these services but shall not
have any authority to make decisions on permits. [2003 c 71
§ 1; 2002 c 153 § 1.]
Reviser's note—Sunset Act application: The office of regulatory
assistance is subject to review, termination, and possible extension under
chapter 43.131 RCW, the Sunset Act. See RCW 43.131.401. RCW
43.42.005 through 43.42.070 and 43.42.900 through 43.42.905 are scheduled for future repeal under RCW 43.131.402.
Effective date—2003 c 71 § 2: "Section 2 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [April 18, 2003]." [2003 c 71 § 7.]
43.42.010 Office created—Duties. (1) The office of
regulatory assistance is created in the office of financial management and shall be administered by the office of the governor to assist citizens, businesses, and project applicants.
(2) The office shall:
(a) Maintain and furnish information as provided in
RCW 43.42.040;
(b) Furnish facilitation as provided in RCW 43.42.050;
(c) Furnish coordination as provided in RCW 43.42.060;
(d) Coordinate cost reimbursement as provided in RCW
43.42.070;
(e) Work with state agencies and local governments to
continue to develop a range of permit assistance options for
project applicants;
(f) Review initiatives developed by the transportation
permit efficiency and accountability committee established
in chapter 47.06C RCW and determine if any would be beneficial if implemented for other types of projects;
(g) Work to develop informal processes for dispute resolution between agencies and permit applicants;
(h) Conduct customer surveys to evaluate its effectiveness; and
(i) Provide the following biennial reports to the governor
and the appropriate committees of the legislature:
(i) A performance report, based on the customer surveys
required in (h) of this subsection;
(ii) A report on any statutory or regulatory conflicts identified by the office in the course of its duties that arise from
differing legal authorities and roles of agencies and how
these were resolved. The report may include recommendations to the legislature and to agencies; and
(iii) A report regarding use of outside independent consultants under RCW 43.42.070, including the nature and
amount of work performed and implementation of requirements relating to costs.
(3) A director of the office shall be hired no later than
June 1, 2003.
(4) The office shall give priority to furnishing assistance
to small projects when expending general fund moneys allocated to it. [2003 c 71 § 2; 2002 c 153 § 2.]
43.42.010
Sunset Act application: See note following RCW 43.42.005.
[Title 43 RCW—page 234]
43.42.020
43.42.020 Operating principle—Providing information regarding permits. (1) The office shall operate on the
principle that citizens of the state of Washington should
receive the following information regarding permits:
(a) A date and time for a decision on a permit;
(b) The information required for an agency to make a
decision on a permit, recognizing that changes in the project
or other circumstances may change the information required;
and
(c) An estimate of the maximum amount of costs in fees,
studies, or public processes that will be incurred by the
project applicant.
(2) This section does not create an independent cause of
action, affect any existing cause of action, or establish time
limits for purposes of RCW 64.40.020. [2002 c 153 § 3.]
Sunset Act application: See note following RCW 43.42.005.
43.42.030
43.42.030 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Office" means the office of regulatory assistance in
the office of financial management established in RCW
43.42.010.
(2) "Permit" means any permit, certificate, use authorization, or other form of governmental approval required in
order to construct or operate a project in the state of Washington.
(3) "Permit agency" means any state or local agency
authorized by law to issue permits.
(4) "Project" means any activity, the conduct of which
requires a permit or permits from one or more permit agencies.
(5) "Project applicant" means a citizen, business, or any
entity seeking a permit or permits in the state of Washington.
[2003 c 71 § 3; 2002 c 153 § 4.]
Sunset Act application: See note following RCW 43.42.005.
43.42.040
43.42.040 Maintaining and furnishing information—
Contact point—Call center—Web site. (1) The office shall
assist citizens, businesses, and project applicants by maintaining and furnishing information, including, but not limited
to:
(a) To the extent possible, compiling and periodically
updating one or more handbooks containing lists and explanations of permit laws, including all relevant local, state, federal, and tribal laws. In providing this information, the office
shall seek the cooperation of relevant local, state, and federal
agencies and tribal governments;
(b) Establishing and providing notice of a point of contact for obtaining information;
(c) Working closely and cooperatively with the business
license center in providing efficient and nonduplicative service;
(d) Collecting and making available information regarding federal, state, local, and tribal government programs that
rely on private professional expertise to assist agencies in
project permit review; and
(e) Developing a call center and a web site.
(2) The office shall coordinate among state agencies to
develop an office web site that is linked through the office of
(2004 Ed.)
Office of Regulatory Assistance
the governor's web site and that contains information regarding regulatory requirements for businesses and citizens in
Washington state. At a minimum, the web site shall provide
information or links to information on:
(a) Federal, state, and local rule-making processes and
permit requirements applicable to Washington businesses
and citizens;
(b) Federal, state, and local licenses, permits, and
approvals necessary to start and operate a business or develop
real property in Washington;
(c) State and local building codes;
(d) Federal, state, and local economic development programs that may be available to businesses in Washington;
and
(e) State and local agencies regulating or providing assistance to citizens and businesses operating a business or
developing real property in Washington.
(3) This section does not create an independent cause of
action, affect any existing cause of action, or create any new
cause of action regarding the application of regulatory or permit requirements. [2003 c 71 § 4; 2002 c 153 § 5.]
43.42.060
required to determine if the permit application is complete, to
conduct environmental review, and to review and process the
application. In determining the time required, full consideration must be given to achieving the greatest possible efficiencies through any concurrent studies and any consolidated
applications, hearings, and comment periods.
(c) The outcome of the project scoping shall be documented in writing, furnished to the project applicant, and be
made available to the public.
(d) The project scoping shall be completed within sixty
days of the project applicant's request for a project scoping.
(e) Upon completion of the project scoping, the participating permit agencies shall proceed under their respective
authority. The agencies are encouraged to remain in communication for purposes of coordination until their final permit
decisions are made.
(3) This section does not create an independent cause of
action, affect any existing cause of action, or establish time
limits for purposes of RCW 64.40.020. [2003 c 54 § 4; 2002
c 153 § 6.]
Sunset Act application: See note following RCW 43.42.005.
Sunset Act application: See note following RCW 43.42.005.
43.42.060
43.42.050
43.42.050 Assisting project applicant—Project facilitator—Project scoping. At the request of a project applicant, the office shall assist the project applicant in determining what regulatory requirements, processes, and permits
apply to the project, as provided in this section.
(1) The office shall assign a project facilitator who shall
discuss applicable regulatory requirements, permits, and processes with the project applicant and explain the available
options for obtaining required permits.
(2) If the project applicant and the project facilitator
agree that the project would benefit from a project scoping, or
if the project is an industrial project of statewide significance,
as defined in RCW 43.157.010, the project facilitator shall
conduct a project scoping by the project applicant and the relevant state and local permit agencies. The project facilitator
shall invite the participation of the relevant federal permit
agencies and tribal governments.
(a) The purpose of the project scoping is to identify the
issues and information needs of the project applicant and the
participating permit agencies regarding the project, share perspectives, and jointly develop a strategy for the processing of
required permits by each participating permit agency.
(b) The scoping shall address:
(i) The permits that are required for the project;
(ii) The permit application forms and other application
requirements of the participating permit agencies;
(iii) The specific information needs and issues of concern of each participant and their significance;
(iv) Any statutory or regulatory conflicts that might arise
from the differing authorities and roles of the permit agencies;
(v) Any natural resources, including federal or state
listed species, that might be adversely affected by the project
and might cause an alteration of the project or require mitigation; and
(vi) The anticipated time required for permit decisions
by each participating permit agency, including the time
(2004 Ed.)
43.42.060 Coordinating permit agencies—Project
coordinator—Cost reimbursement agreement. (1) The
office may coordinate the processing by participating permit
agencies of permits required for a project, at the request of the
project applicant through a cost reimbursement agreement as
provided in subsection (3) of this section or with the agreement of the project applicant as provided in subsection (4) of
this section.
(2) The office shall assign a project coordinator to perform any or all of the following functions, as specified by the
terms of a cost reimbursement agreement under subsection
(3) of this section or an agreement under subsection (4) of
this section:
(a) Serve as the main point of contact for the project
applicant;
(b) Conduct a project scoping as provided in RCW
43.42.050(2);
(c) Verify that the project applicant has all the information needed to complete applications;
(d) Coordinate the permit processes of the permit agencies;
(e) Manage the applicable administrative procedures;
(f) Work to assure that timely permit decisions are made
by the permit agencies and maintain contact with the project
applicant and the permit agencies to ensure adherence to
schedules;
(g) Assist in resolving any conflict or inconsistency
among permit requirements and conditions; and
(h) Coordinate with relevant federal permit agencies and
tribal governments to the extent possible.
(3) At the request of a project applicant and as provided
in RCW 43.42.070, the project coordinator shall coordinate
negotiations among the project applicant, the office, and participating permit agencies to enter into a cost reimbursement
agreement and shall coordinate implementation of the agreement, which shall govern coordination of permit processing
by the participating permit agencies.
[Title 43 RCW—page 235]
43.42.070
Title 43 RCW: State Government—Executive
(4) For industrial projects of statewide significance or if
the office determines that it is in the public interest to coordinate the processing of permits for certain projects that are
complex in scope, require multiple permits, involve multiple
jurisdictions, or involve a significant number of affected parties, the office shall, upon the applicant's request, enter into
an agreement with the project applicant and the participating
permit agencies to coordinate the processing of permits for
the project. The office may limit the number of such agreements according to the resources available to the office and
the permit agencies at the time. [2003 c 54 § 5; 2002 c 153 §
7.]
Sunset Act application: See note following RCW 43.42.005.
43.42.070
43.42.070 Cost-reimbursement agreements. (1) The
office may coordinate negotiation and implementation of a
written agreement among the project applicant, the office,
and participating permit agencies to recover from the project
applicant the reasonable costs incurred by the office in carryin g o u t th e p r o v is i o n s o f R C W 4 3 . 4 2 . 0 5 0 ( 2 ) a n d
43.42.060(2) and by participating permit agencies in carrying
out permit processing tasks specified in the agreement.
(2) The office may coordinate negotiation and implementation of a written agreement among the project applicant, the office, and participating permit agencies to recover
from the project applicant the reasonable costs incurred by
outside independent consultants selected by the office and
participating permit agencies to perform permit processing
tasks.
(3) Outside independent consultants may only bill for the
costs of performing those permit processing tasks that are
specified in a cost-reimbursement agreement under this section. The billing process shall provide for accurate time and
cost accounting and may include a billing cycle that provides
for progress payments.
(4) The office shall adopt a policy to coordinate costreimbursement agreements with outside independent consultants. Cost-reimbursement agreements coordinated by the
office under this section must be based on competitive bids
that are awarded for each agreement from a prequalified consultant roster.
(5) Independent consultants hired under a cost-reimbursement agreement shall report directly to the permit
agency. The office shall assure that final decisions are made
by the permit agency and not by the consultant.
(6) The office shall develop procedures for determining,
collecting, and distributing cost reimbursement for carrying
out the provisions of this chapter.
(7) For a cost-reimbursement agreement, the office and
participating permit agencies shall negotiate a work plan and
schedule for reimbursement. Prior to distributing scheduled
reimbursement to the agencies, the office shall verify that the
agencies have met the obligations contained in their work
plan.
(8) Prior to commencing negotiations with the project
applicant for a cost-reimbursement agreement, the office
shall request work load analyses from each participating permitting agency. These analyses shall be available to the public. The work load of a participating permit agency may only
be modified with the concurrence of the agency and if there is
[Title 43 RCW—page 236]
both good cause to do so and no significant impact on environmental review.
(9) The office shall develop guidance to ensure that, in
developing cost-reimbursement agreements, conflicts of
interest are eliminated.
(10) For project permit processes that it coordinates, the
office shall coordinate the negotiation of all cost-reimbursement agreements executed under RCW 43.21A.690,
*43.30.420, 43.70.630, 43.300.080, and 70.94.085. The
office and the permit agencies shall be signatories to the
agreements. Each permit agency shall manage performance
of its portion of the agreement.
(11) If a permit agency or the project applicant foresees,
at any time, that it will be unable to meet its obligations under
the cost-reimbursement agreement, it shall notify the office
and state the reasons. The office shall notify the participating
permit agencies and the project applicant and, upon agreement of all parties, adjust the schedule, or, if necessary, coordinate revision of the work plan. [2003 c 70 § 7; 2002 c 153
§ 8.]
*Reviser's note: RCW 43.30.420 was recodified as RCW 43.30.490
pursuant to 2003 c 334 § 128.
Sunset Act application: See note following RCW 43.42.005.
43.42.080
43.42.080 Coordinating permit agencies—Timelines.
(1) The legislature finds that there are numerous efforts ongoing to streamline and improve permitting processes. These
include the work of the transportation permit efficiency and
accountability committee, chapter 47.06C RCW, and the
efforts of the office of regulatory assistance to develop an
integrated permit system, chapter 245, Laws of 2003. While
these efforts are ongoing and likely to yield procedural
improvements in permit processing by 2006, there is an
immediate need to coordinate permitting timelines for large,
multiagency permit streamlining efforts.
(2) With the agreement of all participating permitting
agencies and the permit applicant, state permitting agencies
may establish timelines to make permit decisions, including
the time periods required to determine that the permit applications are complete, to review the applications, and to process the permits. Established timelines shall not be shorter
than those otherwise required for each permit under other
applicable provisions of law, but may extend and coordinate
such timelines. The goal of the established timelines is to
achieve the maximum efficiencies possible through concurrent studies and consolidation of applications, permit review,
hearings, and comment periods. A timeline established under
this subsection with the agreement of each permitting agency
shall commit each permitting agency to act within the established timeline. [2004 c 32 § 1.]
43.42.900
43.42.900 Jurisdiction of energy facility site evaluation council not affected. Nothing in this chapter affects the
jurisdiction of the energy facility site evaluation council
under chapter 80.50 RCW. [2002 c 153 § 11.]
Sunset Act application: See note following RCW 43.42.005.
43.42.901
43.42.901 Authority of permit agencies not affected.
(1) Nothing in this chapter shall be construed to abrogate or
(2004 Ed.)
Washington State Patrol
diminish the functions, powers, or duties granted to any permit agency by law.
(2) Nothing in this chapter grants the office authority to
decide if a permit shall be issued. The authority for determining if a permit shall be issued shall remain with the permit
agency. [2002 c 153 § 12.]
Sunset Act application: See note following RCW 43.42.005.
43.42.905
43.42.905 Transfer of powers, duties, functions. (1)
The powers, duties, and functions of the permit assistance
center at the department of ecology are transferred to the
office created in RCW 43.42.010.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the
department of ecology pertaining to the powers, functions,
and duties transferred shall be delivered to the custody of the
office. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department
of ecology in carrying out the powers, functions, and duties
transferred shall be made available to the office. All funds,
credits, or other assets held in connection with the powers,
functions, and duties transferred shall be assigned to the
office.
(b) Any appropriations made to the department of ecology for carrying out the powers, functions, and duties transferred shall, on June 30, 2002, be transferred and credited to
the office.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files,
equipment, or other tangible property used or held in the
exercise of the powers and the performance of the duties and
functions transferred, the director of financial management
shall make a determination as to the proper allocation and
certify the same to the state agencies concerned.
(3) All rules and all pending business before the department of ecology pertaining to the powers, functions, and
duties transferred shall be continued and acted upon by the
office. All existing contracts and obligations shall remain in
full force and shall be performed by the office.
(4) The transfer of the powers, duties, and functions of
the permit assistance center shall not affect the validity of any
act performed before June 13, 2002.
(5) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer.
Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment
records in accordance with the certification. [2002 c 153 §
10.]
Sunset Act application: See note following RCW 43.42.005.
Chapter 43.43
Chapter 43.43 RCW
WASHINGTON STATE PATROL
Sections
43.43.010
43.43.015
43.43.020
43.43.030
(2004 Ed.)
Patrol created.
Affirmative action.
Appointment of personnel.
Powers and duties—Peace officers.
43.43.035
43.43.037
43.43.040
43.43.050
43.43.060
43.43.070
43.43.080
43.43.090
43.43.100
43.43.110
43.43.112
43.43.115
43.43.120
43.43.130
43.43.135
43.43.137
43.43.138
43.43.139
43.43.142
43.43.165
43.43.220
43.43.230
43.43.235
43.43.240
43.43.250
43.43.260
43.43.263
43.43.264
43.43.270
43.43.271
43.43.274
43.43.278
43.43.280
43.43.285
43.43.290
43.43.295
43.43.310
43.43.320
43.43.330
43.43.340
43.43.350
43.43.360
43.43.370
43.43.380
43.43.390
43.43.480
43.43.490
43.43.500
43.43.510
43.43.530
43.43.540
43.43.550
43.43.560
43.43.565
43.43.570
43.43.600
43.43.610
43.43.620
43.43.630
43.43.640
Chapter 43.43
Governor, lieutenant governor, and governor-elect—Security
and protection—Duty to provide.
Legislature—Security and protection—Duty to provide.
Disability of patrol officers.
Tenure of patrol officers.
Suspension or demotion of probationary officers.
Discharge of probationary officers—Discharge, demotion, or
suspension of nonprobationary officers—Complaint—Hearing.
Criminal complaint—Authority to suspend officer—Hearing.
Procedure at hearing.
Review of order.
Reinstatement on acquittal.
Private law enforcement off-duty employment—Guidelines.
Real property—Sale of surplus at fair market value—Distribution of proceeds.
Patrol retirement system—Definitions.
Retirement fund created—Membership.
Membership in more than one retirement system.
Reestablishment of service credit by former members who are
members of the public employees' retirement system—Conditions.
Establishing, restoring service credit.
Membership while serving as state legislator—Conditions.
Retirement board abolished—Transfer of powers, duties, and
functions.
Board may receive contributions from any source.
Retirement fund—Expenses.
Total service credit.
Service credit for paid leave of absence.
Legal adviser.
Retirement of members.
Benefits.
Effect of certain accumulated vacation leave on retirement
benefits.
Benefit calculation—Limitation.
Retirement allowances—Members commissioned before January 1, 2003.
Retirement allowances—Members commissioned on or after
January 1, 2003—Court-approved property settlement.
Minimum retirement allowance—Annual adjustment.
Retirement option.
Repayment of contributions on death or termination of
employment—Election to receive reduced retirement allowance at age fifty-five.
Special death benefit—Death in the course of employment.
Status in case of disablement.
Accumulated contributions—Payment upon death of member.
Benefits exempt from taxation and legal process—Assignability—Exceptions—Deductions for group insurance premiums or for state patrol memorial foundation contributions.
Penalty for falsification.
Examinations for promotion.
Eligible list, and promotions therefrom—Affirmative action.
Determination of eligibility for examination for promotion.
Probationary period.
Staff or technical officers.
Minimum salaries.
Bicycle awareness program—Generally.
Routine traffic enforcement information—Report to the legislature.
Routine traffic enforcement information—Data collection—
Training materials on racial profiling.
Crime information center—Established—Purpose—Functions.
Crime information center—Files of general assistance to law
enforcement agencies established.
Crime information center—Cost of terminal facilities.
Sex offenders and kidnapping offenders—Central registry—
Reimbursement to counties.
Traffic safety education officers—Powers—Pay and reimbursement.
Automatic fingerprint information system—Report.
Automatic fingerprint information system account.
Automatic fingerprint identification system—Conditions for
local establishment or operation—Exemption—Rules.
Drug control assistance unit—Created.
Drug control assistance unit—Duties.
Drug control assistance unit—Additional duties—Information
system on violations—Inter-unit communications network.
Drug control assistance unit—Use of existing facilities and
systems.
Drug control assistance unit—Certain investigators exempt
from state civil service act.
[Title 43 RCW—page 237]
Chapter 43.43
43.43.650
43.43.655
43.43.670
43.43.680
43.43.690
43.43.700
43.43.705
43.43.710
43.43.715
43.43.720
43.43.725
43.43.730
43.43.735
43.43.740
43.43.742
43.43.745
43.43.750
43.43.752
43.43.753
43.43.7532
43.43.754
43.43.7541
43.43.756
43.43.758
43.43.759
43.43.760
43.43.765
43.43.770
43.43.775
43.43.780
43.43.785
43.43.800
43.43.810
43.43.815
43.43.820
43.43.830
43.43.832
43.43.833
43.43.834
43.43.835
43.43.836
43.43.838
43.43.839
43.43.840
43.43.842
43.43.845
43.43.850
Title 43 RCW: State Government—Executive
Drug control assistance unit—Employment of necessary personnel.
Drug control assistance unit—Special narcotics enforcement
unit.
Bureau of forensic laboratory services—Powers—Priorities.
Controlled substance, simulator solution analysis—Prima
facie evidence.
Crime laboratory analysis—Guilty persons to pay fee.
Identification, child abuse, vulnerable adult abuse, and criminal history section—Generally.
Identification data—Processing procedure—Definitions.
Availability of information.
Identification—Cooperation with other criminal justice agencies.
Local identification and records systems—Assistance.
Records as evidence.
Records—Inspection—Requests for purge or modification—
Appeals.
Photographing and fingerprinting—Powers and duties of law
enforcement agencies, department of licensing, and courts—
Other data.
Photographing and fingerprinting—Transmittal of data—
Compliance audits.
Submission of fingerprints taken from persons for noncriminal
purposes—Fees.
Convicted persons, fingerprinting required, records—Furloughs, information to section, notice to local agencies—
Arrests, disposition information—Convicts, information to
section, notice to local agencies—Registration of sex offenders.
Use of force to obtain identification information—Liability.
DNA identification system—Plan—Report.
Findings—DNA identification system—DNA data base—
DNA data bank.
DNA identification system—DNA data base account.
DNA identification system—Biological samples—Collection,
use, testing—Scope and application of section.
DNA identification system—Collection of biological samples—Fee.
DNA identification system—Analysis, assistance, and testimony services.
DNA identification system—Local law enforcement systems—Limitations.
DNA identification system—Rule-making requirements.
Personal identification—Requests—Purpose—Applicants—
Fee.
Reports of transfer, release or changes as to committed or
imprisoned persons—Records.
Unidentified deceased persons.
Interagency contracts.
Transfer of records, data, equipment to section.
Criminal justice services—Consolidation—Establishment of
program.
Criminal justice services programs—Duties of executive committee.
Obtaining information by false pretenses—Unauthorized use
of information—Falsifying records—Penalty.
Conviction record furnished to employer—Purposes—Notification to subject of record—Fees—Limitations—Injunctive
relief, damages, attorneys' fees—Disclaimer of liability—
Rules.
Stale records.
Background checks—Access to children or vulnerable persons—Definitions.
Background checks—Disclosure of information—Sharing of
criminal background information by health care facilities.
Background checks—State immunity.
Background checks by business, organization, or insurance
company—Limitations—Civil liability.
Background checks—Drug-related conviction information.
Disclosure to individual of own record—Fee.
Record checks—Transcript of conviction record, disciplinary
board decision, criminal charges, or civil adjudication—
Finding of no evidence, identification document—Immunity—Rules.
Fingerprint identification account.
Notification of physical or sexual abuse or exploitation of
child or vulnerable adult—Notification of employment termination because of crimes against persons.
Vulnerable adults—Additional licensing requirements for
agencies, facilities, and individuals providing services.
Crimes against children—Notification of conviction or guilty
plea of school employee.
Organized crime intelligence unit—Created.
[Title 43 RCW—page 238]
43.43.852
43.43.854
43.43.856
43.43.858
43.43.860
43.43.862
43.43.864
43.43.866
43.43.870
43.43.880
43.43.900
43.43.910
43.43.911
43.43.930
43.43.932
43.43.934
43.43.936
43.43.938
43.43.940
43.43.942
43.43.944
43.43.946
43.43.948
43.43.950
43.43.952
"Organized crime" defined.
Powers and duties of organized crime intelligence unit.
Divulging investigative information prohibited—Confidentiality—Security of records and files.
Organized crime advisory board—Created—Membership—
Meetings—Travel expenses.
Organized crime advisory board—Terms of members.
Organized crime advisory board—Powers and duties.
Information to be furnished board—Security—Confidentiality.
Organized crime prosecution revolving fund.
Missing children clearinghouse and hot line, duties of state
patrol.
Agreements with contiguous states—Jointly occupied ports of
entry—Collection of fees and taxes.
Severability—1969 c 12.
Severability—1972 ex.s. c 152.
Severability—1973 1st ex.s. c 202.
State fire protection services—Intent.
State fire protection policy board—Created—Members.
State fire protection policy board—Duties—Fire training and
education master plan—Fire protection master plan.
State fire protection policy board—Advisory duties.
Director of fire protection—Appointment—Duties.
Fire service training program—Grants and bequests.
Fire service training—Fees and fee schedules.
Fire service training account.
Fire services trust fund.
Fire services trust fund—Expenditures.
Fire service training center bond retirement account of 1977.
Arson investigation information system—Findings—Intent.
"STATE FIRE SERVICE MOBILIZATION"
43.43.960
43.43.961
43.43.962
43.43.963
43.43.964
43.43.970
43.43.971
43.43.972
43.43.973
43.43.974
43.43.975
State fire service mobilization—Definitions.
State fire service mobilization—Legislative declaration and
intent.
State fire service mobilization—State fire protection policy
board—State fire services mobilization plan—State fire
resources coordinator.
State fire service mobilization—Regional fire defense
boards—Regional fire service plans—Regions established.
State fire service mobilization—Development of reimbursement procedures.
Law enforcement mobilization—Definitions.
Law enforcement mobilization—State law enforcement mobilization policy board—State law enforcement mobilization
plan.
Law enforcement mobilization—Local law enforcement
request for mobilization—State law enforcement resource
coordinator—Mobilization response—Declaration of end of
mobilization.
State law enforcement mobilization—State law enforcement
coordinator—Duties.
State law enforcement mobilization—Regions established—
Regional law enforcement mobilization committees—
Regional law enforcement mobilization plans.
State law enforcement mobilization—Development of reimbursement procedures—Eligibility of nonhost law enforcement authority for reimbursement.
Abatement of certain structures, signs or devices on city streets, county
roads or state highways as public nuisances, chief's duties relating to:
RCW 47.36.180.
Abating as public nuisance signs erected or maintained contrary to highway
advertising control act, chief's duties relating to: RCW 47.42.080.
Aircraft cost sharing: See 1990 c 298 § 4.
Amateur radio operators with special license plates, list of furnished to:
RCW 46.16.340.
Authority: Chapter 10.93 RCW.
Chaplain authorized: RCW 41.22.020.
Civil disorder, use of patrol: RCW 43.06.270.
Control of traffic on capitol grounds, chief enforcing officer: RCW
46.08.160.
Coroner's report of deaths by vehicle accidents, to be made to: RCW
46.52.050.
Disturbances at state penal facilities
development of contingency plans—Scope—Local participation: RCW
72.02.150.
use of outside law enforcement personnel—Scope: RCW 72.02.160.
(2004 Ed.)
Washington State Patrol
Dog handler using dog in line of duty—Immunity: RCW 4.24.410.
Driver license fees for use of state patrol: RCW 46.68.041.
Enforcement of laws on limited access facilities, state patrol to have independent and concurrent jurisdiction: RCW 47.52.200.
Facilities siting, coordination with department of licensing: RCW
46.01.330.
Funding, state patrol highway account: RCW 46.68.030.
Hazardous materials incident command agency, state patrol as: RCW
70.136.030.
Index cross-reference record of accidents of motor vehicle operators, chief
to furnish: RCW 46.52.120.
Inspection of railroad company passenger-carrying vehicles by state patrol:
RCW 81.61.040.
Insurance, group life, generally: RCW 48.24.090.
Intoxicating liquor, report of seizure: RCW 66.32.090.
Jurisdiction: Chapter 10.93 RCW.
Motor vehicle
accidents and reports, powers and duties relating to: Chapter 46.52
RCW.
equipment standards—Powers and duties: RCW 46.37.005.
inspection duties: Chapter 46.32 RCW.
size, weight and load limits, duties: Chapter 46.44 RCW.
Off-road and nonhighway vehicles: Chapter 46.09 RCW.
Portability of public retirement benefits: Chapter 41.54 RCW.
Private carrier drivers, rules: RCW 46.73.010.
Prohibited practices relating to motor vehicle inspection by members of:
RCW 46.32.050.
School buses, regulations for design, marking and mode of operation, chief
to advise on: RCW 46.61.380.
Snowmobile act enforcement: RCW 46.10.200.
State patrol highway account: RCW 46.68.030.
Teletypewriter communications network, powers and duties of chief: Chapter 43.89 RCW.
Towing operators, appointment by the state patrol: RCW 46.55.115.
Traffic safety commission, chief of state patrol member of: RCW 43.59.030.
Transportation of hazardous materials, chief's powers and duties relating to:
RCW 46.48.170 through 46.48.180.
43.43.010 Patrol created. There shall be a department
of state government known as the "Washington state patrol."
The chief thereof shall be known as the chief of the Washington state patrol, and members thereof shall be known as
Washington state patrol officers. [1965 c 8 § 43.43.010.
Prior: 1933 c 25 § 1; RRS § 6362-59.]
43.43.010
43.43.037
The chief may appoint employees of the Washington
state patrol to serve as special deputies, with such restricted
police authority as the chief shall designate as being necessary and consistent with their assignment to duty. Such
appointment and conferral of authority shall not qualify said
employees for membership in the Washington state patrol
retirement system, nor shall it grant tenure of office as a regular officer of the Washington state patrol.
The chief may personally appoint, with the consent of
the state treasurer, employees of the office of the state treasurer who are qualified under the standards of the criminal
justice training commission, or who have comparable training and experience, to serve as special deputies. The law
enforcement powers of any special deputies appointed in the
office of the state treasurer shall be designated by the chief
and shall be restricted to those powers necessary to provide
for statewide security of the holdings or property of or under
the custody of the office of the state treasurer. These appointments may be revoked by the chief at any time and shall be
revoked upon the written request of the state treasurer or by
operation of law upon termination of the special deputy's
employment with the office of the state treasurer or thirty
days after the chief who made the appointment leaves office.
The chief shall be civilly immune for the acts of such special
deputies. Such appointment and conferral of authority shall
not qualify such employees for membership in the Washington state patrol retirement system, nor shall it grant tenure of
office as a regular officer of the Washington state patrol.
[1983 c 144 § 1; 1981 c 338 § 4; 1973 1st ex.s. c 80 § 1; 1965
c 8 § 43.43.020. Prior: 1949 c 192 § 1; 1933 c 25 § 3; Rem.
Supp. 1949 § 6362-61.]
Civil service exemptions: RCW 41.06.070.
43.43.030
43.43.030 Powers and duties—Peace officers. The
chief and other officers of the Washington state patrol shall
have and exercise, throughout the state, such police powers
and duties as are vested in sheriffs and peace officers generally, and such other powers and duties as are prescribed by
law. [1965 c 8 § 43.43.030. Prior: 1933 c 25 § 2; RRS §
6362-60.]
General authority law enforcement agency: RCW 10.93.020.
43.43.035
43.43.015
43.43.015 Affirmative action. For the purposes of this
chapter, "affirmative action" means a procedure by which
racial minorities, women, persons in the protected age category, persons with disabilities, Vietnam-era veterans, and
disabled veterans are provided with increased employment
opportunities. It shall not mean any sort of quota system.
[1985 c 365 § 4.]
43.43.020
43.43.020 Appointment of personnel. The governor,
with the advice and consent of the senate, shall appoint the
chief of the Washington state patrol, determine his compensation, and may remove him at will.
The chief shall appoint a sufficient number of competent
persons to act as Washington state patrol officers, may
remove them for cause, as provided in this chapter, and shall
make promotional appointments, determine their compensation, and define their rank and duties, as hereinafter provided.
(2004 Ed.)
43.43.035 Governor, lieutenant governor, and governor-elect—Security and protection—Duty to provide.
The chief of the Washington state patrol is directed to provide
security and protection for the governor, the governor's family, and the lieutenant governor to the extent and in the manner the governor and the chief of the Washington state patrol
deem adequate and appropriate.
In the same manner the chief of the Washington state
patrol is directed to provide security and protection for the
governor-elect from the time of the November election.
[1991 c 63 § 1; 1965 ex.s. c 96 § 1.]
43.43.037
43.43.037 Legislature—Security and protection—
Duty to provide. The chief of the Washington state patrol is
directed to provide such security and protection for both
houses of the legislative building while in session as in the
opinion of the speaker of the house and the president of the
senate may be necessary therefor upon the advice of the
[Title 43 RCW—page 239]
43.43.040
Title 43 RCW: State Government—Executive
respective sergeant-at-arms of each legislative body. [1965
ex.s. c 96 § 2.]
43.43.040
43.43.040 Disability of patrol officers. (1) The chief of
the Washington state patrol shall relieve from active duty
Washington state patrol officers who, while in the performance of their official duties, or while on standby or available for duty, have been or hereafter may be injured or incapacitated to such an extent as to be mentally or physically
incapable of active service: PROVIDED, That:
(a) Any officer disabled while performing line duty who
is found by the chief to be physically incapacitated shall be
placed on disability leave for a period not to exceed six
months from the date of injury or the date incapacitated. During this period, the officer shall be entitled to all pay, benefits,
insurance, leave, and retirement contributions awarded to an
officer on active status, less any compensation received
through the department of labor and industries. No such disability leave shall be approved until an officer has been
unavailable for duty for more than forty consecutive work
hours. Prior to the end of the six-month period, the chief shall
either place the officer on disability status or return the
officer to active status.
For the purposes of this section, "line duty" is active service which encompasses the traffic law enforcement duties
and/or other law enforcement responsibilities of the state
patrol. These activities encompass all enforcement practices
of the laws, accident and criminal investigations, or actions
requiring physical exertion or exposure to hazardous elements.
The chief shall define by rule the situations where a disability has occurred during line duty;
(b) Benefits under this section for a disability that is
incurred while in other employment will be reduced by any
amount the officer receives or is entitled to receive from
workers' compensation, social security, group insurance,
other pension plan, or any other similar source provided by
another employer on account of the same disability;
(c) An officer injured while engaged in willfully tortious
or criminal conduct shall not be entitled to disability benefits
under this section; and
(d) Should a disability beneficiary whose disability was
not incurred in line of duty, prior to attaining age fifty,
engage in a gainful occupation, the chief shall reduce the
amount of his retirement allowance to an amount which when
added to the compensation earned by him in such occupation
shall not exceed the basic salary currently being paid for the
rank the retired officer held at the time he was disabled. All
such disability beneficiaries under age fifty shall file with the
chief every six months a signed and sworn statement of earnings and any person who shall knowingly swear falsely on
such statement shall be subject to prosecution for perjury.
Should the earning capacity of such beneficiary be further
altered, the chief may further alter his disability retirement
allowance as indicated above. The failure of any officer to
file the required statement of earnings shall be cause for cancellation of retirement benefits.
(2) Officers on disability status shall receive one-half of
their compensation at the existing wage, during the time the
disability continues in effect, less any compensation received
through the department of labor and industries. They shall be
[Title 43 RCW—page 240]
subject to mental or physical examination at any state institution or otherwise under the direction of the chief of the patrol
at any time during such relief from duty to ascertain whether
or not they are able to resume active duty. [1998 c 194 § 1;
1987 c 185 § 17; 1981 c 165 § 1; 1973 2nd ex.s. c 20 § 1;
1965 c 8 § 43.43.040. Prior: 1947 c 174 § 1; 1943 c 215 § 1;
RRS § 6362-65.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Severability—1981 c 165: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 165 § 2.]
Effective date—1981 c 165: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect January
1, 1981." [1981 c 165 § 3.]
43.43.050
43.43.050 Tenure of patrol officers. Washington state
patrol officers shall be entitled to retain their ranks and positions until death or resignation, or until suspended, demoted,
or discharged in the manner hereinafter provided. [1965 c 8
§ 43.43.050. Prior: 1943 c 205 § 1; Rem. Supp. 1943 § 636266.]
43.43.060
43.43.060 Suspension or demotion of probationary
officers. The chief of the Washington state patrol may suspend or demote any officer with probationary status, without
preferring charges against the officer, and without a hearing.
[1984 c 141 § 1; 1965 c 8 § 43.43.060. Prior: 1943 c 205 § 2;
Rem. Supp. 1943 § 6362-67.]
43.43.070
43.43.070 Discharge of probationary officers—Discharge, demotion, or suspension of nonprobationary
officers—Complaint—Hearing. Discharge of any officer
with probationary status and discharge, demotion, or suspension of any officer with nonprobationary status shall be only
for cause, which shall be clearly stated in a written complaint,
sworn to by the person preferring the charges, and served
upon the officer complained of.
Upon being so served, any such officer shall be entitled
to a public hearing before a trial board consisting of two
Washington state patrol officers of the rank of captain, and
one officer of equal rank with the officer complained of, who
shall be selected by the chief of the Washington state patrol
by lot from the roster of the patrol. In the case of complaint by
an officer, such officer shall not be a member of the trial
board. [1984 c 141 § 2; 1965 c 8 § 43.43.070. Prior: 1943 c
205 § 3; Rem. Supp. 1943 § 6362-68.]
43.43.080
43.43.080 Criminal complaint—Authority to suspend officer—Hearing. When the complaint served upon
an officer is of a criminal nature calling for the discharge of
the officer, the chief of the patrol may immediately suspend
the officer without pay pending a trial board hearing. The
board shall be convened no later than forty-five days from the
date of suspension. However, this does not preclude the
granting of a mutually agreed upon extension; in such cases
the officer shall remain on suspension without pay.
An officer complained of may waive a hearing and
accept the proposed discipline by written notice to the chief
(2004 Ed.)
Washington State Patrol
of the patrol. [1989 c 28 § 1; 1965 c 8 § 43.43.080. Prior:
1943 c 205 § 4; Rem. Supp. 1943 § 6362-69.]
43.43.090
43.43.090 Procedure at hearing. At the hearing, an
administrative law judge appointed under chapter 34.12
RCW shall be the presiding officer, and shall make all necessary rulings in the course of the hearing, but shall not be entitled to vote.
The complainant and the officer complained of may submit evidence, and be represented by counsel, and a full and
complete record of the proceedings, and all testimony, shall
be taken down by a stenographer.
After hearing, the findings of the trial board shall be submitted to the chief. Such findings shall be final if the charges
are not sustained. In the event the charges are sustained the
chief may determine the proper disciplinary action and
declare it by written order served upon the officer complained
of. [1989 c 28 § 2; 1984 c 141 § 3; 1965 c 8 § 43.43.090.
Prior: 1943 c 205 § 5; Rem. Supp. 1943 § 6362-70.]
43.43.100
43.43.100 Review of order. Any officer subjected to
disciplinary action may, within ten days after the service of
the order upon the officer, apply to the superior court of Thurston county for a writ of review to have the reasonableness
and lawfulness of the order inquired into and determined.
The superior court shall review the determination of the
chief of the Washington state patrol in a summary manner,
based upon the record of the hearing before the trial board,
and shall render its decision within ninety days, either affirming or reversing the order of the chief, or remanding the matter to the chief for further action. A transcript of the trial
board hearing shall be provided to the court by the state patrol
after being paid for by the officer subjected to disciplinary
action. However, if the officer prevails before the court, the
state patrol shall reimburse the officer for the cost of the transcript. [1984 c 141 § 4; 1965 c 8 § 43.43.100. Prior: 1943 c
205 § 6; Rem. Supp. 1943 § 6362-71.]
43.43.110
43.43.110 Reinstatement on acquittal. If as a result of
any trial board hearing, or review proceeding, an officer complained of is found not guilty of the charges against him, he
shall be immediately reinstated to his former position, and be
reimbursed for any loss of salary suffered by reason of the
previous disciplinary action. [1965 c 8 § 43.43.110. Prior:
1943 c 205 § 7; Rem. Supp. 1943 § 6362-72.]
43.43.112
43.43.112 Private law enforcement off-duty employment—Guidelines. Washington state patrol officers may
engage in private law enforcement off-duty employment in
uniform for private benefit, subject to guidelines adopted by
the chief of the Washington state patrol. These guidelines
must ensure that the integrity and professionalism of the
Washington state patrol is preserved. Use of Washington
state patrol officer's uniforms shall be considered de minimis
use of state property. [1997 c 375 § 1.]
43.43.115
43.43.115 Real property—Sale of surplus at fair
market value—Distribution of proceeds. Whenever real
property owned by the state of Washington and under the
jurisdiction of the Washington state patrol is no longer
(2004 Ed.)
43.43.120
required, it may be sold at fair market value. All proceeds
received from the sale of real property, less any real estate
broker commissions, shall be deposited into the state patrol
highway account: PROVIDED, That if accounts or funds
other than the state patrol highway account have contributed
to the purchase or improvement of the real property, the
office of financial management shall determine the proportional equity of each account or fund in the property and
improvements, and shall direct the proceeds to be deposited
proportionally therein. [1993 c 438 § 1.]
43.43.120 Patrol retirement system—Definitions. As
used in the following sections, unless a different meaning is
plainly required by the context:
(1) "Retirement system" means the Washington state
patrol retirement system.
(2) "Retirement fund" means the Washington state patrol
retirement fund.
(3) "State treasurer" means the treasurer of the state of
Washington.
(4) "Member" means any person included in the membership of the retirement fund.
(5) "Employee" means any commissioned employee of
the Washington state patrol.
(6)(a) "Cadet," for a person who became a member of the
retirement system after June 12, 1980, is a person who has
passed the Washington state patrol's entry-level oral, written,
physical performance, and background examinations and is,
thereby, appointed by the chief as a candidate to be a commissioned officer of the Washington state patrol.
(b) "Cadet," for a person who became a member of the
retirement system before June 12, 1980, is a trooper cadet,
patrol cadet, or employee of like classification, employed for
the express purpose of receiving the on-the-job training
required for attendance at the state patrol academy and for
becoming a commissioned trooper. "Like classification"
includes: Radio operators or dispatchers; persons providing
security for the governor or legislature; patrolmen; drivers'
license examiners; weighmasters; vehicle safety inspectors;
central wireless operators; and warehousemen.
(7) "Beneficiary" means any person in receipt of retirement allowance or any other benefit allowed by this chapter.
(8) "Regular interest" means interest compounded annually at such rates as may be determined by the director.
(9) "Retirement board" means the board provided for in
this chapter.
(10) "Insurance commissioner" means the insurance
commissioner of the state of Washington.
(11) "Lieutenant governor" means the lieutenant governor of the state of Washington.
(12) "Service" shall mean services rendered to the state
of Washington or any political subdivisions thereof for which
compensation has been paid. Full time employment for seventy or more hours in any given calendar month shall constitute one month of service. An employee who is reinstated in
accordance with RCW 43.43.110 shall suffer no loss of service for the period reinstated subject to the contribution
requirements of this chapter. Only months of service shall be
counted in the computation of any retirement allowance or
other benefit provided for herein. Years of service shall be
determined by dividing the total number of months of service
43.43.120
[Title 43 RCW—page 241]
43.43.130
Title 43 RCW: State Government—Executive
by twelve. Any fraction of a year of service as so determined
shall be taken into account in the computation of such retirement allowance or benefit.
(13) "Prior service" shall mean all services rendered by a
member to the state of Washington, or any of its political subdivisions prior to August 1, 1947, unless such service has
been credited in another public retirement or pension system
operating in the state of Washington.
(14) "Current service" shall mean all service as a member rendered on or after August 1, 1947.
(15)(a) "Average final salary," for members commissioned prior to January 1, 2003, shall mean the average
monthly salary received by a member during the member's
last two years of service or any consecutive two-year period
of service, whichever is the greater, as an employee of the
Washington state patrol; or if the member has less than two
years of service, then the average monthly salary received by
the member during the member's total years of service.
(b) "Average final salary," for members commissioned
on or after January 1, 2003, shall mean the average monthly
salary received by a member for the highest consecutive sixty
service credit months; or if the member has less than sixty
months of service, then the average monthly salary received
by the member during the member's total months of service.
(16) "Actuarial equivalent" shall mean a benefit of equal
value when computed upon the basis of such mortality table
as may be adopted and such interest rate as may be determined by the director.
(17) Unless the context expressly indicates otherwise,
words importing the masculine gender shall be extended to
include the feminine gender and words importing the feminine gender shall be extended to include the masculine gender.
(18) "Director" means the director of the department of
retirement systems.
(19) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(20) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(21) "Contributions" means the deduction from the compensation of each member in accordance with the contribution rates established under chapter 41.45 RCW.
(22) "Annual increase" means as of July 1, 1999, seventy-seven cents per month per year of service which amount
shall be increased each subsequent July 1st by three percent,
rounded to the nearest cent.
(23)(a) "Salary," for members commissioned prior to
July 1, 2001, shall exclude any overtime earnings related to
RCW 47.46.040, or any voluntary overtime, earned on or
after July 1, 2001.
(b) "Salary," for members commissioned on or after July
1, 2001, shall exclude any overtime earnings related to RCW
47.46.040 or any voluntary overtime, lump sum payments for
deferred annual sick leave, unused accumulated vacation,
unused accumulated annual leave, holiday pay, or any form
of severance pay.
(24) "Plan 2" means the Washington state patrol retirement system plan 2, providing the benefits and funding provisions covering commissioned employees who first become
members of the system on or after January 1, 2003. [2001 c
329 § 3; 1999 c 74 § 1; 1983 c 81 § 1; 1982 1st ex.s. c 52 §
[Title 43 RCW—page 242]
24; 1980 c 77 § 1; 1973 1st ex.s. c 180 § 1; 1969 c 12 § 1;
1965 c 8 § 43.43.120. Prior: 1955 c 244 § 1; 1953 c 262 § 1;
1951 c 140 § 1; 1947 c 250 § 1; Rem. Supp. 1947 § 6362-81.]
Effective date—2001 c 329: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 329 § 14.]
Effective date—1983 c 81: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on July
1, 1983." [1983 c 81 § 4.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Construction—1969 c 12: "The provisions of this 1969 amendatory
act are intended to be remedial and procedural and any benefits heretofore
paid to recipients hereunder pursuant to any previous act are retroactively
included and authorized as a part of this act." [1969 c 12 § 8.]
43.43.130
43.43.130 Retirement fund created—Membership.
(1) A Washington state patrol retirement fund is hereby
established for members of the Washington state patrol
which shall include funds created and placed under the management of a retirement board for the payment of retirement
allowances and other benefits under the provisions hereof.
(2) Any employee of the Washington state patrol, upon
date of commissioning, shall be eligible to participate in the
retirement plan and shall start contributing to the fund immediately. Any employee of the Washington state patrol
employed by the state of Washington or any of its political
subdivisions prior to August 1, 1947, unless such service has
been credited in another public retirement or pension system
operating in the state of Washington shall receive full credit
for such prior service but after that date each new commissioned employee must automatically participate in the fund.
If a member shall terminate service in the patrol and later
reenter, he shall be treated in all respects as a new employee.
(3)(a) A member who reenters or has reentered service
within ten years from the date of his termination, shall upon
completion of six months of continuous service and upon the
restoration of all withdrawn contributions, plus interest as
determined by the director, which restoration must be completed within five years after resumption of service, be
returned to the status of membership he earned at the time of
termination.
(b) A member who does not meet the time limitations for
restoration under (a) of this subsection, may restore the service credit destroyed by the withdrawn contributions by paying the amount required under RCW 41.50.165(2) prior to
retirement.
(4)(a) An employee of the Washington state patrol who
becomes a member of the retirement system after June 12,
1980, and who has service as a cadet in the patrol training
program may make an irrevocable election to transfer the service to the retirement system. Any member upon making
such election shall have transferred all existing service credited in a prior public retirement system in this state for periods of employment as a cadet. Transfer of credit under this
subsection is contingent on completion of the transfer of
funds specified in (b) of this subsection.
(b) Within sixty days of notification of a member's cadet
service transfer as provided in (a) of this subsection, the
department of retirement systems shall transfer the
(2004 Ed.)
Washington State Patrol
employee's accumulated contributions attributable to the
periods of service as a cadet, including accumulated interest.
(5) A member of the retirement system who has served
or shall serve on active federal service in the armed forces of
the United States pursuant to and by reason of orders by competent federal authority, who left or shall leave the Washington state patrol to enter such service, and who within one year
from termination of such active federal service, resumes
employment as a state employee, shall have his service in
such armed forces credited to him as a member of the retirement system: PROVIDED, That no such service in excess of
five years shall be credited unless such service was actually
rendered during time of war or emergency.
(6) An active employee of the Washington state patrol
who either became a member of the retirement system prior
to June 12, 1980, and who has prior service as a cadet in the
public employees' retirement system may make an irrevocable election to transfer such service to the retirement system
within a period ending June 30, 1985, or, if not an active
employee on July 1, 1983, within one year of returning to
commissioned service, whichever date is later. Any member
upon making such election shall have transferred all existing
service credited in the public employees' retirement system
which constituted service as a cadet together with the
employee's contributions plus credited interest. If the
employee has withdrawn the employee's contributions, the
contributions must be restored to the public employees'
retirement system before the transfer of credit can occur and
such restoration must be completed within the time limits
specified in this subsection for making the elective transfer.
(7) An active employee of the Washington state patrol
who either became a member of the retirement system prior
to June 12, 1980, or who has prior service as a cadet in the
public employees' retirement system may make an irrevocable election to transfer such service to the retirement system
if they have not met the time limitations of subsection (6) of
this section by paying the amount required under RCW
41.50.165(2) less the contributions transferred. Any member
upon making such election shall have transferred all existing
service credited in the public employees' retirement system
that constituted service as a cadet together with the
employee's contributions plus credited interest. If the
employee has withdrawn the employee's contributions, the
contributions must be restored to the public employees'
retirement system before the transfer of credit can occur and
such restoration must be completed within the time limits
specified in subsection (6) of this section for making the elective transfer.
(8) An active employee of the Washington state patrol
may establish up to six months' retirement service credit in
the state patrol retirement system for any period of employment by the Washington state patrol as a cadet if service
credit for such employment was not previously established in
the public employees' retirement system, subject to the following:
(a) Certification by the patrol that such employment as a
cadet was for the express purpose of receiving on-the-job
training required for attendance at the state patrol academy
and for becoming a commissioned trooper.
(b) Payment by the member of employee contributions in
the amount of seven percent of the total salary paid for each
(2004 Ed.)
43.43.137
month of service to be established, plus interest at seven percent from the date of the probationary service to the date of
payment. This payment shall be made by the member no later
than July 1, 1988.
(c) If the payment required under (b) of this subsection
was not made by July 1, 1988, the member may establish the
probationary service by paying the amount required under
RCW 41.50.165(2).
(d) A written waiver by the member of the member's
right to ever establish the same service in the public employees' retirement system at any time in the future.
(9) The department of retirement systems shall make the
requested transfer subject to the conditions specified in subsections (6) and (7) of this section or establish additional
credit as provided in subsection (8) of this section. Employee
contributions and credited interest transferred shall be credited to the employee's account in the Washington state patrol
retirement system. [1994 c 197 § 33; 1987 c 215 § 1; 1986 c
154 § 1; 1983 c 81 § 2; 1980 c 77 § 2; 1965 c 8 § 43.43.130.
Prior: 1953 c 262 § 2; 1951 c 140 § 2; 1947 c 250 § 2; Rem.
Supp. 1947 § 6362-82.]
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Effective date—1987 c 215: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 215 § 3.]
Effective date—1983 c 81: See note following RCW 43.43.120.
43.43.135
43.43.135 Membership in more than one retirement
system. In any case where the Washington state patrol retirement system has in existence an agreement with another
retirement system in connection with exchange of service
credit or an agreement whereby members can retain service
credit in more than one system, an employee holding membership in, or receiving pension benefits under, any retirement plan operated wholly or in part by an agency of the state
or political subdivision thereof, or who is by reason of his
current employment contributing to or otherwise establishing
the right to receive benefits from any such retirement plan,
shall be allowed membership rights should the agreement so
provide. [1965 c 8 § 43.43.135. Prior: 1951 c 140 § 10.]
43.43.137
43.43.137 Reestablishment of service credit by
former members who are members of the public employees' retirement system—Conditions. Former members of
the retirement system established under this chapter who are
currently members of the retirement system governed by
chapter 41.40 RCW are permitted to reestablish service credit
with the system subject to the following:
(1) The former member must have separated and withdrawn contributions from the system prior to January 1,
1966, and not returned to membership since that date;
(2) The former member must have been employed by the
department of licensing, or its predecessor agency, in a
capacity related to drivers' license examining within thirty
days after leaving commissioned status with the state patrol;
and
(3) The former member must make payment to the system of the contributions withdrawn with interest at the rate
set by the director from the date of withdrawal to the date of
[Title 43 RCW—page 243]
43.43.138
Title 43 RCW: State Government—Executive
repayment. Such payment must be made no later than June
30, 1986. [1986 c 154 § 2.]
1965 c 8 § 43.43.220. Prior: 1961 c 93 § 1; 1957 c 162 § 2;
1951 c 140 § 3; 1947 c 250 § 11; Rem. Supp. 1947 § 636291.]
43.43.138
43.43.138 Establishing, restoring service credit. Notwithstanding any provision to the contrary, persons who fail
to:
(1) Establish allowable membership service not previously credited;
(2) Restore all or a part of that previously credited membership service represented by withdrawn contributions; or
(3) Restore service credit represented by a lump sum
payment in lieu of benefits, before the deadline established
by statute, may do so under the conditions set forth in RCW
41.50.165. [1998 c 17 § 5.]
Severability—1989 c 273: See RCW 41.45.900.
43.43.230
43.43.230 Total service credit. Subject to the provisions of RCW 43.43.260, at retirement, the total service credited to a member shall consist of all the member's current service and accredited prior service. [1982 1st ex.s. c 52 § 25;
1965 c 8 § 43.43.230. Prior: 1953 c 262 § 3; 1947 c 250 § 12;
Rem. Supp. 1947 § 6362-92.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
43.43.235
43.43.139
43.43.139 Membership while serving as state legislator—Conditions. Any member of the retirement system
who, on or after January 1, 1995, is on leave of absence for
the purpose of serving as a state legislator, may elect to continue to be a member of this retirement system. The member
shall continue to receive service credit subject to the following:
(1) The member will not receive more than one month's
service credit in a calendar month;
(2) Employer contributions shall be paid by the legislature;
(3) Contributions shall be based on the regular compensation which the member would have received had such a
member not served in the legislature;
(4) The service and compensation credit under this section shall be granted only for periods during which the legislature is in session; and
(5) No service credit for service as a legislator will be
allowed after a member separates from employment with the
Washington state patrol. [1997 c 123 § 1.]
43.43.142
43.43.142 Retirement board abolished—Transfer of
powers, duties, and functions. The retirement board established by this chapter is abolished. All powers, duties, and
functions of the board are transferred to the director of retirement systems. [1982 c 163 § 18.]
Severability—Effective date—1982 c 163: See notes following RCW
2.10.052.
43.43.165
43.43.165 Board may receive contributions from any
source. Contributions may be received by the Washington
state patrol retirement board from any public or private
source for deposit into the Washington state patrol retirement
fund, and said contributions shall be dealt with in the same
manner as other state patrol retirement funds and subject to
the terms of the contribution. [1965 c 8 § 43.43.165. Prior:
1955 c 244 § 4.]
43.43.220
43.43.220 Retirement fund—Expenses. The Washington state patrol retirement fund shall be the fund from
which shall be paid all retirement allowances or benefits in
lieu thereof which are payable as provided herein. The
expenses of operating the retirement system shall be paid
from appropriations made for the operation of the Washington state patrol. [1989 c 273 § 25; 1973 1st ex.s. c 180 § 2;
[Title 43 RCW—page 244]
43.43.235 Service credit for paid leave of absence. (1)
A member who is on a paid leave of absence authorized by a
member's employer shall continue to receive service credit as
provided under the provisions of RCW 43.43.120 through
43.43.310.
(2) A member who receives compensation from an
employer while on an authorized leave of absence to serve as
an elected official of a labor organization, and whose
employer is reimbursed by the labor organization for the
compensation paid to the member during the period of
absence, may also be considered to be on a paid leave of
absence. This subsection shall only apply if the member's
leave of absence is authorized by a collective bargaining
agreement that provides that the member retains seniority
rights with the employer during the period of leave. The basic
salary reported for a member who establishes service credit
under this subsection may not be greater than the salary paid
to the highest paid job class covered by the collective bargaining agreement. [2000 c 78 § 1.]
Retroactive application—2000 c 78 § 1: "Section 1 of this act applies
on a retroactive basis to members for whom compensation and hours were
reported under the circumstances described in section 1 of this act. Section 1
of this act may also be applied on a retroactive basis to November 23, 1987,
to members for whom compensation and hours would have been reported
except for explicit instructions from the department of retirement systems."
[2000 c 78 § 2.]
43.43.240
43.43.240 Legal adviser. The attorney general shall be
the legal adviser of the retirement board. [1965 c 8 §
43.43.240. Prior: 1947 c 250 § 13; Rem. Supp. 1947 § 636293.]
43.43.250
43.43.250 Retirement of members. (1) Any member
who has attained the age of sixty years shall be retired on the
first day of the calendar month next succeeding that in which
said member shall have attained the age of sixty: PROVIDED, That the requirement to retire at age sixty shall not
apply to a member serving as chief of the Washington state
patrol.
(2) Any member who has completed twenty-five years of
credited service or has attained the age of fifty-five may
apply to retire as provided in RCW 43.43.260, by completing
and submitting an application form to the department, setting
forth at what time the member desires to be retired. [1982 1st
ex.s. c 52 § 26; 1975-'76 2nd ex.s. c 116 § 1; 1969 c 12 § 3;
1965 c 8 § 43.43.250. Prior: 1963 c 175 § 1; 1957 c 162 § 3;
(2004 Ed.)
Washington State Patrol
1951 c 140 § 4; 1947 c 250 § 14; Rem. Supp. 1947 §
6362-94.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Construction—1969 c 12: See note following RCW 43.43.120.
43.43.260
43.43.260 Benefits. Upon retirement from service as
provided in RCW 43.43.250, a member shall be granted a
retirement allowance which shall consist of:
(1) A prior service allowance which shall be equal to two
percent of the member's average final salary multiplied by the
number of years of prior service rendered by the member.
(2) A current service allowance which shall be equal to
two percent of the member's average final salary multiplied
by the number of years of service rendered while a member
of the retirement system.
(3)(a) Any member commissioned prior to January 1,
2003, with twenty-five years service in the Washington state
patrol may have the member's service in the armed forces
credited as a member whether or not the individual left the
employ of the Washington state patrol to enter such armed
forces: PROVIDED, That in no instance shall military service in excess of five years be credited: AND PROVIDED
FURTHER, That in each instance, a member must restore all
withdrawn accumulated contributions, which restoration
must be completed on the date of the member's retirement, or
as provided under RCW 43.43.130, whichever occurs first:
AND PROVIDED FURTHER, That this section shall not
apply to any individual, not a veteran within the meaning of
RCW 41.06.150.
(b) A member who leaves the Washington state patrol to
enter the armed forces of the United States shall be entitled to
retirement system service credit for up to five years of military service. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed
services employment and reemployment rights act.
(i) The member qualifies for service credit under this
subsection if:
(A) Within ninety days of the member's honorable discharge from the United States armed forces, the member
applies for reemployment with the employer who employed
the member immediately prior to the member entering the
United States armed forces; and
(B) The member makes the employee contributions
required under RCW 41.45.0631 and 41.45.067 within five
years of resumption of service or prior to retirement, whichever comes sooner; or
(C) Prior to retirement and not within ninety days of the
member's honorable discharge or five years of resumption of
service the member pays the amount required under RCW
41.50.165(2).
(ii) Upon receipt of member contributions under
(b)(i)(B) of this subsection, the department shall establish the
member's service credit and shall bill the employer for its
contribution required under RCW 41.45.060 for the period of
military service, plus interest as determined by the department.
(iii) The contributions required under (b)(i)(B) of this
subsection shall be based on the compensation the member
would have earned if not on leave, or if that cannot be estimated with reasonable certainty, the compensation reported
(2004 Ed.)
43.43.264
for the member in the year prior to when the member went on
military leave.
(4) In no event shall the total retirement benefits from
subsections (1), (2), and (3) of this section, of any member
exceed seventy-five percent of the member's average final
salary.
(5) Beginning July 1, 2001, and every year thereafter, the
department shall determine the following information for
each retired member or beneficiary whose retirement allowance has been in effect for at least one year:
(a) The original dollar amount of the retirement allowance;
(b) The index for the calendar year prior to the effective
date of the retirement allowance, to be known as "index A";
(c) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(d) The ratio obtained when index B is divided by index
A.
The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied
beginning with the July payment. In no event, however, shall
the annual adjustment:
(i) Produce a retirement allowance which is lower than
the original retirement allowance;
(ii) Exceed three percent in the initial annual adjustment;
or
(iii) Differ from the previous year's annual adjustment by
more than three percent.
For the purposes of this section, "index" means, for any
calendar year, that year's average consumer price index for
the Seattle-Tacoma-Bremerton Washington area for urban
wage earners and clerical workers, all items, compiled by the
bureau of labor statistics, United States department of labor.
The provisions of this section shall apply to all members
presently retired and to all members who shall retire in the
future. [2002 c 27 § 3; 2001 c 329 § 4; 1994 c 197 § 34; 1982
1st ex.s. c 52 § 27; 1973 1st ex.s. c 180 § 3; 1971 ex.s. c 278
§ 1; 1969 c 12 § 4; 1965 c 8 § 43.43.260. Prior: 1963 c 175 §
2; 1957 c 162 § 4; 1955 c 244 § 2; 1951 c 140 § 5; 1947 c 250
§ 15; Rem. Supp. 1947 § 6362-95.]
Effective date—2001 c 329: See note following RCW 43.43.120.
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Effective date—1971 ex.s. c 278: "This 1971 amendatory act shall
have an effective date of July 1, 1971." [1971 ex.s. c 278 § 2.]
Construction—1969 c 12: See note following RCW 43.43.120.
43.43.263 Effect of certain accumulated vacation
leave on retirement benefits. RCW 43.01.044 shall not
result in any increase in retirement benefits. The rights
extended to state officers and employees under RCW
43.01.044 are not intended to and shall not have any effect on
retirement benefits under this chapter. [1983 c 283 § 5.]
43.43.263
43.43.264 Benefit calculation—Limitation. (1) The
annual compensation taken into account in calculating retiree
benefits under this system shall not exceed the limits imposed
by section 401(a)(17) of the federal internal revenue code for
qualified trusts.
43.43.264
[Title 43 RCW—page 245]
43.43.270
Title 43 RCW: State Government—Executive
(2) The department shall adopt rules as necessary to
implement this section. [1995 c 145 § 4.]
43.43.270
43.43.270 Retirement allowances—Members commissioned before January 1, 2003. For members commissioned prior to January 1, 2003:
(1) The normal form of retirement allowance shall be an
allowance which shall continue as long as the member lives.
(2) If a member should die while in service the member's
lawful spouse shall be paid an allowance which shall be equal
to fifty percent of the average final salary of the member. If
the member should die after retirement the member's lawful
spouse shall be paid an allowance which shall be equal to the
retirement allowance then payable to the member or fifty percent of the final average salary used in computing the member's retirement allowance, whichever is less. The allowance
paid to the lawful spouse shall continue as long as the spouse
lives: PROVIDED, That if a surviving spouse who is receiving benefits under this subsection marries another member of
this retirement system who subsequently predeceases such
spouse, the spouse shall then be entitled to receive the higher
of the two survivors' allowances for which eligibility requirements were met, but a surviving spouse shall not receive
more than one survivor's allowance from this system at the
same time under this subsection. To be eligible for an allowance the lawful surviving spouse of a retired member shall
have been married to the member prior to the member's
retirement and continuously thereafter until the date of the
member's death or shall have been married to the retired
member at least two years prior to the member's death. The
allowance paid to the lawful spouse may be divided with an
ex spouse of the member by a dissolution order as defined in
RCW 41.50.500(3) incident to a divorce occurring after July
1, 2002. The dissolution order must specifically divide both
the member's benefit and any spousal survivor benefit, and
must fully comply with RCW 41.50.670 and 41.50.700.
(3) If a member should die, either while in service or
after retirement, the member's surviving unmarried children
under the age of eighteen years shall be provided for in the
following manner:
(a) If there is a surviving spouse, each child shall be entitled to a benefit equal to five percent of the final average salary of the member or retired member. The combined benefits
to the surviving spouse and all children shall not exceed sixty
percent of the final average salary of the member or retired
member; and
(b) If there is no surviving spouse or the spouse should
die, the child or children shall be entitled to a benefit equal to
thirty percent of the final average salary of the member or
retired member for one child and an additional ten percent for
each additional child. The combined benefits to the children
under this subsection shall not exceed sixty percent of the
final average salary of the member or retired member. Payments under this subsection shall be prorated equally among
the children, if more than one.
(4) If a member should die in the line of duty while
employed by the Washington state patrol, the member's surviving children under the age of twenty years and eleven
months if attending any high school, college, university, or
vocational or other educational institution accredited or
[Title 43 RCW—page 246]
approved by the state of Washington shall be provided for in
the following manner:
(a) If there is a surviving spouse, each child shall be entitled to a benefit equal to five percent of the final average salary of the member. The combined benefits to the surviving
spouse and all children shall not exceed sixty percent of the
final average salary of the member;
(b) If there is no surviving spouse or the spouse should
die, the unmarried child or children shall be entitled to
receive a benefit equal to thirty percent of the final average
salary of the member or retired member for one child and an
additional ten percent for each additional child. The combined benefits to the children under this subsection shall not
exceed sixty percent of the final average salary. Payments
under this subsection shall be prorated equally among the
children, if more than one; and
(c) If a beneficiary under this subsection reaches the age
of twenty-one years during the middle of a term of enrollment
the benefit shall continue until the end of that term.
(5) The provisions of this section shall apply to members
who have been retired on disability as provided in RCW
43.43.040 if the officer was a member of the Washington
state patrol retirement system at the time of such disability
retirement. [2002 c 158 § 15; 2001 c 329 § 6; 1989 c 108 § 1;
1984 c 206 § 1; 1982 1st ex.s. c 52 § 28; 1973 2nd ex.s. c 14
§ 3; 1973 1st ex.s. c 180 § 4. Prior: 1969 c 12 § 6; 1965 c 8 §
43.43.270; prior: 1963 c 175 § 3; 1961 c 93 § 2; 1951 c 140
§ 6; 1947 c 250 § 16; Rem. Supp. 1947 § 6362-96.]
Effective date—2001 c 329: See note following RCW 43.43.120.
Effective date—1989 c 108: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 108 § 2.]
Applicability—1984 c 206: "This act shall apply only to surviving
spouses receiving benefits under RCW 43.43.270(2) on or after March 27,
1984. No surviving spouse whose benefits under RCW 43.43.270(2) were
terminated before March 27, 1984, due to remarriage shall be governed by
this act, and this act shall neither retroactively nor prospectively restore such
terminated benefits. This act shall apply only to surviving unmarried children receiving benefits under RCW 43.43.270 (3) or (4) on or after March
27, 1984. No benefits shall be paid under RCW 43.43.270 (3)(b) or (4)(b) for
any period before March 27, 1984." [1984 c 206 § 2.]
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Construction—1969 c 12: See note following RCW 43.43.120.
43.43.271 Retirement allowances—Members commissioned on or after January 1, 2003—Court-approved
property settlement. (1) A member commissioned on or
after January 1, 2003, upon retirement for service as prescribed in RCW 43.43.250 shall elect to have the retirement
allowance paid pursuant to the following options, calculated
so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option
shall receive a retirement allowance payable throughout the
member's life. However, if the retiree dies before the total of
the retirement allowance paid to the retiree equals the amount
of the retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or
such person or persons, trust, or organization as the retiree
shall have nominated by written designation duly executed
and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's
43.43.271
(2004 Ed.)
Washington State Patrol
death, then to the surviving spouse; or if there be neither such
designated person or persons still living at the time of death
nor a surviving spouse, then to the retiree's legal representative.
(b) The department shall adopt rules that allow a member
to select a retirement option that pays the member a reduced
retirement allowance and upon death, such portion of the
member's reduced retirement allowance as the department by
rule designates shall be continued throughout the life of and
paid to a designated person. Such person shall be nominated
by the member by written designation duly executed and
filed with the department at the time of retirement. The
options adopted by the department shall include, but are not
limited to, a joint and one hundred percent survivor option
and a joint and fifty percent survivor option.
(2)(a) A member, if married, must provide the written
consent of his or her spouse to the option selected under this
section, except as provided in (b) of this subsection. If a
member is married and both the member and member's
spouse do not give written consent to an option under this
section, the department will pay the member a joint and fifty
percent survivor benefit and record the member's spouse as
the beneficiary. This benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required
as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor
beneficiary under RCW 41.50.790 has been filed with the
department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made
by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3) No later than January 1, 2003, the department shall
adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not
limited to:
(a)(i) A retired member who retired without designating
a survivor beneficiary shall have the opportunity to designate
their spouse from a postretirement marriage as a survivor
during a one-year period beginning one year after the date of
the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments
pursuant to a property division obligation as provided for in
RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant
to this subsection and satisfies the conditions of (a)(i) of this
subsection shall have one year to designate their spouse as a
survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced
retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to
remove the survivor designation and have their future benefit
adjusted.
(c) The department may make an additional charge, if
necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(4) No later than July 1, 2003, the department shall adopt
rules to permit:
(2004 Ed.)
43.43.278
(a) A court-approved property settlement incident to a
court decree of dissolution made before retirement to provide
that benefits payable to a member who has completed at least
five years of service and the member's divorcing spouse be
divided into two separate benefits payable over the life of
each spouse.
The member shall have available the benefit options of
subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal
consent requirements of subsection (2) of this section. Any
reductions of the member's benefit subsequent to the division
into two separate benefits shall be made solely to the separate
benefit of the member.
The nonmember ex spouse shall be eligible to commence
receiving their separate benefit upon reaching the ages provided in RCW 43.43.250(2) and after filing a written application with the department.
(b) A court-approved property settlement incident to a
court decree of dissolution made after retirement may only
divide the benefit into two separate benefits payable over the
life of each spouse if the nonmember ex spouse was selected
as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (3) of this section. Any
actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of
the member.
Both the retired member and the nonmember divorced
spouse shall be eligible to commence receiving their separate
benefits upon filing a copy of the dissolution order with the
department in accordance with RCW 41.50.670.
(c) The department may make an additional charge or
adjustment if necessary to ensure that the separate benefits
provided under this subsection are actuarially equivalent to
the benefits payable prior to the decree of dissolution. [2003
c 294 § 14; 2002 c 158 § 16; 2001 c 329 § 5.]
Effective date—2001 c 329: See note following RCW 43.43.120.
43.43.274
43.43.274 Minimum retirement allowance—Annual
adjustment. Effective January 1, 2003, the minimum retirement allowance under RCW 43.43.260 and 43.43.270(2) in
effect on January 1, 2002, shall be increased by three percent.
Each January 1st thereafter, the minimum retirement allowance of the preceding year shall be increased by three percent. [2001 c 329 § 8; 1999 c 74 § 3; 1997 c 72 § 1.]
Effective date—2001 c 329: See note following RCW 43.43.120.
43.43.278
43.43.278 Retirement option. By July 1, 2000, the
department of retirement systems shall adopt rules that allow
a member to select an actuarially equivalent retirement
option that pays the member a reduced retirement allowance
and upon death shall be continued throughout the life of a
lawful surviving spouse. The continuing allowance to the
lawful surviving spouse shall be subject to the yearly increase
provided by RCW 43.43.260(5). The allowance to the lawful
surviving spouse under this section, and the allowance for an
eligible child or children under RCW 43.43.270, shall not be
subject to the limit for combined benefits under RCW
43.43.270. [2001 c 329 § 9; 2000 c 186 § 9; 1999 c 74 § 4.]
Effective date—2001 c 329: See note following RCW 43.43.120.
[Title 43 RCW—page 247]
43.43.280
Title 43 RCW: State Government—Executive
43.43.280
43.43.280 Repayment of contributions on death or
termination of employment—Election to receive reduced
retirement allowance at age fifty-five. (1) If a member dies
before retirement, and has no surviving spouse or children
under the age of eighteen years, all contributions made by the
m em b e r , i n c l u d i n g a n y a m o u n t p a i d u n d e r R C W
41.50.165(2), with interest as determined by the director, less
any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order
filed under RCW 41.50.670, shall be paid to such person or
persons as the member shall have nominated by written designation duly executed and filed with the department, or if
there be no such designated person or persons, then to the
member's legal representative.
(2) If a member should cease to be an employee before
attaining age sixty for reasons other than the member's death,
or retirement, the individual shall thereupon cease to be a
member except as provided under *RCW 43.43.130 (2) and
(3) and, the individual may withdraw the member's contributions to the retirement fund, including any amount paid under
RCW 41.50.165(2), with interest as determined by the director, by making application therefor to the department, except
that: A member who ceases to be an employee after having
completed at least five years of service shall remain a member during the period of the member's absence from employment for the exclusive purpose only of receiving a retirement
allowance to begin at attainment of age sixty, however such a
member may upon written notice to the department elect to
receive a reduced retirement allowance on or after age fiftyfive which allowance shall be the actuarial equivalent of the
sum necessary to pay regular retirement benefits as of age
sixty: PROVIDED, That if such member should withdraw all
or part of the member's accumulated contributions, the individual shall thereupon cease to be a member and this subsection shall not apply. [1994 c 197 § 35; 1991 c 365 § 32; 1987
c 215 § 2; 1982 1st ex.s. c 52 § 29; 1973 1st ex.s. c 180 § 5;
1969 c 12 § 7; 1965 c 8 § 43.43.280. Prior: 1961 c 93 § 3;
1951 c 140 § 7; 1947 c 250 § 17; Rem. Supp. 1947 § 636397.]
*Reviser's note: RCW 43.43.130 was amended by 1994 c 197 § 33,
changing subsections (2) and (3) to subsections (2), (3), and (4).
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
(2) The benefit under this section shall be paid only
where death occurs as a result of injuries sustained in the
course of employment. The determination of eligibility for
the benefit shall be made consistent with Title 51 RCW by
the department of labor and industries. The department of
labor and industries shall notify the department of retirement
systems by order under RCW 51.52.050. [1996 c 226 § 2.]
Effective date—1996 c 226: See note following RCW 41.26.048.
43.43.290 Status in case of disablement. A person
receiving benefits under RCW 43.43.040 will be a nonactive
member. If any person who is or has been receiving benefits
under RCW 43.43.040 returns or has returned to active duty
with the Washington state patrol, the person shall become an
active member of the retirement system on the first day of
reemployment. The person may acquire service credit for the
period of disablement by paying into the retirement fund all
contributions required based on the compensation which
would have been received had the person not been disabled.
To acquire service credit, the person shall complete the
required payment within five years of return to active service
or prior to retirement, whichever occurs first. Persons who
return to active service prior to July 1, 1982, shall complete
the required payment within five years of July 1, 1982, or
prior to retirement, whichever occurs first. No service credit
for the disability period may be allowed unless full payment
is made. Interest shall be charged at the rate set by the director of retirement systems from the date of return to active
duty or from July 1, 1982, whichever is later, until the date of
payment. The Washington state patrol shall pay into the
retirement system the amount which it would have contributed had the person not been disabled. The payment shall
become due and payable, in total, when the person makes the
first payment. If the person fails to complete the full payment
required within the time period specified, any payments made
to the retirement fund under this section shall be refunded
with interest and any payment by the Washington state patrol
to the retirement fund for this purpose shall be refunded.
[1982 1st ex.s. c 52 § 30; 1965 c 8 § 43.43.290. Prior: 1947
c 250 § 18; Rem. Supp. 1947 § 6362-98.]
43.43.290
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
43.43.295 Accumulated contributions—Payment
upon death of member. (1) For members commissioned on
or after January 1, 2003, except as provided in RCW
11.07.010, if a member or a vested member who has not completed at least ten years of service dies, the amount of the
accumulated contributions standing to such member's credit
in the retirement system at the time of such member's death,
less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order
filed under RCW 41.50.670, shall be paid to the member's
estate, or such person or persons, trust, or organization as the
member shall have nominated by written designation duly
executed and filed with the department. If there be no such
designated person or persons still living at the time of the
member's death, such member's accumulated contributions
standing to such member's credit in the retirement system,
less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order
43.43.295
Severability—1991 c 365: See note following RCW 41.50.500.
Effective date—1987 c 215: See note following RCW 43.43.130.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
Construction—1969 c 12: See note following RCW 43.43.120.
43.43.285
43.43.285 Special death benefit—Death in the course
of employment. (1) A one hundred fifty thousand dollar
death benefit shall be paid to the member's estate, or such person or persons, trust or organization as the member shall have
nominated by written designation duly executed and filed
with the department. If there be no such designated person or
persons still living at the time of the member's death, such
member's death benefit shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by
written designation, or if there be no such surviving spouse,
then to such member's legal representatives.
[Title 43 RCW—page 248]
(2004 Ed.)
Washington State Patrol
filed under RCW 41.50.670, shall be paid to the member's
surviving spouse as if in fact such spouse had been nominated
by written designation, or if there be no such surviving
spouse, then to such member's legal representatives.
(2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the
surviving spouse or eligible child or children shall elect to
receive either:
(a) A retirement allowance computed as provided for in
RCW 43.43.260, actuarially reduced, except under subsection (4) of this section, by the amount of any lump sum benefit identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under
RCW 41.50.670 and actuarially adjusted to reflect a joint and
one hundred percent survivor option under RCW 43.43.278
and if the member was not eligible for normal retirement at
the date of death a further reduction from age fifty-five or
when the member could have attained twenty-five years of
service, whichever is less; if a surviving spouse who is
receiving a retirement allowance dies leaving a child or children of the member under the age of majority, then such child
or children shall continue to receive an allowance in an
amount equal to that which was being received by the surviving spouse, share and share alike, until such child or children
reach the age of majority; if there is no surviving spouse eligible to receive an allowance at the time of the member's
death, such member's child or children under the age of
majority shall receive an allowance share and share alike calculated under this section making the assumption that the
ages of the spouse and member were equal at the time of the
member's death; or
(b)(i) The member's accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed
under RCW 41.50.670; or
(ii) If the member dies, one hundred fifty percent of the
member's accumulated contributions, less any amount identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW
41.50.670. Any accumulated contributions attributable to
restorations made under RCW 41.50.165(2) shall be refunded
at one hundred percent.
(3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, and
is not survived by a spouse or an eligible child, then the accumulated contributions standing to the member's credit, less
any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order
filed under RCW 41.50.670, shall be paid:
(a) To an estate, a person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member's death, then to the member's
legal representatives.
(4) The retirement allowance of a member who is killed
in the course of employment, as determined by the director of
the department of labor and industries, is not subject to an
actuarial reduction. [2004 c 171 § 1; 2004 c 170 § 1; 2003 c
294 § 15; 2001 c 329 § 7.]
Effective date—2001 c 329: See note following RCW 43.43.120.
(2004 Ed.)
43.43.330
43.43.310 Benefits exempt from taxation and legal
process—Assignability—Exceptions—Deductions for
group insurance premiums or for state patrol memorial
foundation contributions. (1) Except as provided in subsections (2) and (3) of this section, the right of any person to a
retirement allowance or optional retirement allowance under
the provisions hereof and all moneys and investments and
income thereof are exempt from any state, county, municipal,
or other local tax and shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or the
insolvency laws, or other processes of law whatsoever and
shall be unassignable except as herein specifically provided.
(2) Subsection (1) of this section shall not prohibit the
department of retirement systems from complying with (a) a
wage assignment order for child support issued pursuant to
chapter 26.18 RCW, (b) an order to withhold and deliver
issued pursuant to chapter 74.20A RCW, (c) a notice of payroll deduction issued pursuant to RCW 26.23.060, (d) a mandatory benefits assignment order issued pursuant to chapter
41.50 RCW, (e) a court order directing the department of
retirement systems to pay benefits directly to an obligee
under a dissolution order as defined in RCW 41.50.500(3)
which fully complies with RCW 41.50.670 and 41.50.700, or
(f) any administrative or court order expressly authorized by
federal law.
(3) Subsection (1) of this section shall not be deemed to
prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of premiums due on
any group insurance policy or plan issued for the benefit of a
group comprised of members of the Washington state patrol
or other public employees of the state of Washington, or for
contributions to the Washington state patrol memorial foundation. [1991 c 365 § 23; 1989 c 360 § 29. Prior: 1987 c 326
§ 25; 1987 c 63 § 1; 1982 1st ex.s. c 52 § 31; 1979 ex.s. c 205
§ 8; 1977 ex.s. c 256 § 1; 1965 c 8 § 43.43.310; prior: 1951
c 140 § 8; 1947 c 250 § 20; Rem. Supp. 1947 § 6362-100.]
43.43.310
Severability—1991 c 365: See note following RCW 41.50.500.
Effective date—1987 c 326: See RCW 41.50.901.
Effective dates—1982 1st ex.s. c 52: See note following RCW
2.10.180.
43.43.320
43.43.320 Penalty for falsification. Any person who
knowingly makes any false statement or falsifies or permits
to be falsified any record or records of the Washington state
patrol retirement fund in any attempt to defraud such fund
shall be guilty of a gross misdemeanor. [1965 c 8 §
43.43.320. Prior: 1947 c 250 § 21; Rem. Supp. 1947 § 6362101.]
43.43.330
43.43.330 Examinations for promotion. Appropriate
examinations shall be conducted for the promotion of commissioned patrol officers to the rank of sergeant and lieutenant. The examinations shall be prepared and conducted under
the supervision of the chief of the Washington state patrol,
who shall cause at least thirty days written notice thereof to
be given to all patrol officers eligible for such examinations.
The written notice shall specify the expected type of examination and relative weights to be assigned if a combination of
tests is to be used. Examinations shall be given once every
two years, or whenever the eligible list becomes exhausted as
the case may be. After the giving of each such examination a
[Title 43 RCW—page 249]
43.43.340
Title 43 RCW: State Government—Executive
new eligible list shall be compiled replacing any existing eligible list for such rank. Only grades attained in the last examination given for a particular rank shall be used in compiling
each eligible list therefor. The chief, or in his discretion a
committee of three individuals appointed by him, shall prepare and conduct the examinations, and thereafter grade and
evaluate them in accordance with the following provisions, or
factors: For promotion to the rank of sergeant or lieutenant,
the examination shall consist of one or more of the following
components: (1) Oral examination; (2) written examination;
(3) service rating; (4) personnel record; (5) assessment center
or other valid tests that measures the skills, knowledge, and
qualities needed to perform these jobs. A cutoff score may be
set for each testing component that allows only those scoring
above the cutoff on one component to proceed to take a subsequent component. [1993 c 155 § 1; 1985 c 4 § 1; 1969 ex.s.
c 20 § 1; 1965 c 8 § 43.43.330. Prior: 1959 c 115 § 1; 1949 c
192 § 2; Rem. Supp. 1949 § 6362-61a.]
43.43.340
43.43.340 Eligible list, and promotions therefrom—
Affirmative action. (1) The names of all officers who have
passed examinations satisfactorily shall be placed on an eligible list in the order of the grade attained in the examinations.
The chief, or the committee mentioned in RCW 43.43.330 at
the chief's request, may determine the lowest examination
grade which will qualify an officer for inclusion of his or her
name on an eligible list. Examination papers shall be graded
promptly and an eligible list shall be made up immediately
thereafter. All officers taking an examination shall be
informed of the grade earned.
(2) After an eligible list is made up all promotions shall
be made from the five top names on the applicable list, and if
needed to comply with affirmative action goals three additional names referred under subsection (3) of this section. Not
all three additional names need be promoted at the time they
are referred and they may be referred more than once. Each
officer shall be informed in writing as his or her name is
included in the top five on an eligible list or referred under
subsection (3) of this section. No officer whose name appears
within the top five on any eligible list shall be passed over for
promotion more than three times.
(3) If the vacancy to be filled is identified as part of the
state patrol's affirmative action goals as established under its
affirmative action plan, the chief may refer for consideration
up to three additional names per vacancy of individuals who
are on the eligible list and who are members of one or more
of the protected groups under Title VII of the 1964 Civil
Rights Act and chapter 49.60 RCW, or for federal contract
compliance purposes, veterans and disabled veterans as
defined in the Vietnam Era Veterans Readjustment Act of
1974, Title 41 C.F.R., chapter 60, part 60-250.
The three additional names referred for each vacancy
shall be the top three members of the protected groups designated by the chief for referral for that vacancy in accordance
with the state patrol's affirmative action goals. These names
shall be drawn in rank order from the remaining names of
protected group members on the eligible list, after ranking by
examination grade. For each vacancy, a total of three supplementary names may be referred.
(4) After having qualified for promotion hereunder an
officer must pass a medical examination and must be certi[Title 43 RCW—page 250]
fied as to physical fitness to perform the duties of the
advanced position by one of three doctors designated by the
chief of the Washington state patrol.
(5) The state patrol shall consult with the human rights
commission in the development of rules pertaining to affirmative action. The state patrol shall transmit a report annually to the human rights commission which states the
progress the state patrol has made in meeting affirmative
action goals and timetables. [1985 c 365 § 6; 1965 c 8 §
43.43.340. Prior: 1949 c 192 § 3; Rem. Supp. 1949 § 636261b.]
43.43.350
43.43.350 Determination of eligibility for examination for promotion. Eligibility for examination for promotion shall be determined as follows:
Patrol officers with one year of probationary experience,
in addition to three years experience as a regular patrolman
before the date of the first examination occurrence, shall be
eligible for examination for the rank of sergeant; patrol officers with one year of probationary experience in the rank of
sergeant before the date of the first examination occurrence,
in addition to two years as a regular sergeant, shall be eligible
for examination for the rank of lieutenant. [1998 c 193 § 1;
1969 ex.s. c 20 § 2; 1965 c 8 § 43.43.350. Prior: 1949 c 192
§ 4, part; Rem. Supp. 1949 § 6362-61c, part.]
43.43.360
43.43.360 Probationary period. All newly appointed
or promoted officers shall serve a probationary period of one
year after appointment or promotion, whereupon their probationary status shall terminate, and they shall acquire regular
status in the particular grade, unless given notice in writing to
the contrary by the chief prior to the expiration of the probationary period. [1984 c 141 § 5; 1965 c 8 § 43.43.360. Prior:
1949 c 192 § 4, part; Rem. Supp. 1949 § 6362-61c, part.]
43.43.370
43.43.370 Staff or technical officers. The chief of the
Washington state patrol may appoint such staff or technical
officers as he deems necessary for the efficient operation of
the patrol, and he may assign whatever rank he deems necessary to such staff or technical officers for the duration of their
service as such.
Staff or technical officers may be returned to their line
rank or position whenever the chief so desires. Staff or technical officers without line command assignment and whose
duties are of a special or technical nature shall hold their staff
or technical rank on a continuing probationary basis; however, such staff or technical officers, if otherwise eligible,
shall not be prevented from taking the line promotion examinations, and qualifying for promotion whenever the examinations may be held.
If a staff or technical officer returns to line operations he
shall return in the rank that he holds in the line command,
unless promoted to a higher rank through examination and
appointment as herein provided: PROVIDED, Nothing contained herein shall be construed as giving the chief the right
to demote or to reduce the rank of any officer of the patrol
who was holding such office on April 1, 1949. [1965 c 8 §
43.43.370. Prior: 1949 c 192 § 5; Rem. Supp. 1949 § 636261d.]
(2004 Ed.)
Washington State Patrol
43.43.380
43.43.380 Minimum salaries. The minimum monthly
salary paid to state patrol officers shall be as follows: Officers, three hundred dollars; staff or technical sergeants, three
hundred twenty-five dollars; line sergeants, three hundred
fifty dollars; lieutenants, three hundred seventy-five dollars;
captains, four hundred twenty-five dollars. [1965 c 8 §
43.43.380. Prior: 1949 c 192 § 6; Rem. Supp. 1949 § 636261e.]
43.43.390
43.43.390 Bicycle awareness program—Generally.
Bicycling is increasing in popularity as a form of recreation
and as an alternative mode of transportation. To make bicycling safer, the various law enforcement agencies should
enforce traffic regulations for bicyclists. By enforcing bicycle regulations, law enforcement officers are reinforcing educational programs. Bicycling takes more skill than most people realize. Since bicyclists have a low profile in traffic and
are unprotected, they need more defensive riding skills than
motorists do.
A bicycle awareness program is created within the
Washington state patrol. In developing the curriculum for the
bicycle awareness program the patrol shall consult with the
traffic safety commission and with bicycling groups providing bicycle safety education. The patrol shall conduct the program in conjunction with the safety education officer program and may use other law enforcement personnel and volunteers to implement the program for children in grades
kindergarten through six. The patrol shall ensure that each
safety educator presenting the bicycle awareness program has
received specialized training in bicycle safety education and
has been trained in effective defensive bicycle riding skills.
[1991 c 214 § 1.]
Bicycle transportation management program: RCW 47.04.190.
43.43.480
43.43.480 Routine traffic enforcement information—
Report to the legislature. (1) Beginning May 1, 2000, the
Washington state patrol shall collect, and report semiannually to the criminal justice training commission, the following information:
(a) The number of individuals stopped for routine traffic
enforcement, whether or not a citation or warning was issued;
(b) Identifying characteristics of the individual stopped,
including the race or ethnicity, approximate age, and gender;
(c) The nature of the alleged violation that led to the stop;
(d) Whether a search was instituted as a result of the
stop; and
(e) Whether an arrest was made, or a written citation
issued, as a result of either the stop or the search.
(2) The criminal justice training commission and the
Washington state patrol shall compile the information
required under subsection (1) of this section and make a
report to the legislature no later than December 1, 2000.
[2000 c 118 § 1.]
Effective date—2000 c 118: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 24, 2000]." [2000 c 118 § 4.]
43.43.490
43.43.490 Routine traffic enforcement information—
Data collection—Training materials on racial profiling.
(1) The Washington state patrol shall work with the criminal
(2004 Ed.)
43.43.540
justice training commission and the Washington association
of sheriffs and police chiefs to develop (a) further criteria for
collection and evaluation of the data collected under RCW
43.43.480, and (b) training materials for use by the state
patrol and local law enforcement agencies on the issue of
racial profiling.
(2) The Washington state patrol, criminal justice training
commission, and Washington association of sheriffs and
police chiefs shall encourage local law enforcement agencies
to voluntarily collect the data set forth under RCW
43.43.480(1). [2000 c 118 § 2.]
Effective date—2000 c 118: See note following RCW 43.43.480.
43.43.500
43.43.500 Crime information center—Established—
Purpose—Functions. There is established the Washington
state crime information center to be located in the records
division of the Washington state patrol and to function under
the direction of the chief of the Washington state patrol. The
center shall serve to coordinate crime information, by means
of data processing, for all law enforcement agencies in the
state. It shall make such use of the facilities of the law
enforcement teletype system as is practical. It shall provide
access to the national crime information center, to motor
vehicle and driver license information, to the sex offender
central registry, and to such other public records as may be
accessed by data processing and which are pertinent to law
enforcement. [1998 c 67 § 1; 1967 ex.s. c 27 § 1.]
Effective date—1998 c 67: "This act takes effect June 30, 1999."
[1998 c 67 § 3.]
43.43.510
43.43.510 Crime information center—Files of general assistance to law enforcement agencies established.
As soon as is practical and feasible there shall be established,
by means of data processing, files listing stolen and wanted
vehicles, outstanding warrants, identifying children whose
parents, custodians, or legal guardians have reported as having run away from home or the custodial residence, identifiable stolen property, files maintaining the central registry of
sex offenders required to register under chapter 9A.44 RCW,
and such other files as may be of general assistance to law
enforcement agencies. [1998 c 67 § 2; 1995 c 312 § 45; 1967
ex.s. c 27 § 2.]
Effective date—1998 c 67: See note following RCW 43.43.500.
Short title—1995 c 312: See note following RCW 13.32A.010.
43.43.530
43.43.530 Crime information center—Cost of terminal facilities. The cost of additional terminal facilities necessary to gain access to the Washington state crime information
center shall be borne by the respective agencies operating the
terminal facilities. [1967 ex.s. c 27 § 4.]
43.43.540
43.43.540 Sex offenders and kidnapping offenders—
Central registry—Reimbursement to counties. The
county sheriff shall (1) forward the information, photographs,
and fingerprints obtained pursuant to RCW 9A.44.130,
including any notice of change of address, to the Washington
state patrol within five working days; and (2) upon implementation of RCW 4.24.550(5)(a), forward any information
obtained pursuant to RCW 9A.44.130 that is necessary to
operate the registered sex offender web site described in
[Title 43 RCW—page 251]
43.43.550
Title 43 RCW: State Government—Executive
RCW 4.24.550(5)(a) to the Washington association of sheriffs and police chiefs within five working days of receiving
the information, including any notice of change of address or
change in risk level notification. The state patrol shall maintain a central registry of sex offenders and kidnapping offenders required to register under RCW 9A.44.130 and shall
adopt rules consistent with chapters 10.97, 10.98, and 43.43
RCW as are necessary to carry out the purposes of RCW
9A.44.130, 9A.44.140, 10.01.200, 43.43.540, 46.20.187,
70.48.470, and 72.09.330. The Washington state patrol shall
reimburse the counties for the costs of processing the
offender registration, including taking the fingerprints and
the photographs. [2002 c 118 § 2; 1998 c 220 § 4; 1997 c 113
§ 6; 1990 c 3 § 403.]
Conflict with federal requirements—2002 c 118: See note following
RCW 4.24.550.
Severability—1998 c 220: See note following RCW 9A.44.130.
Findings—1997 c 113: See note following RCW 4.24.550.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Sex offense and kidnapping offense defined: RCW 9A.44.130.
43.43.550
43.43.550 Traffic safety education officers—Powers—Pay and reimbursement. (1) The chief of the Washington state patrol shall designate twenty-four or more officers as traffic safety education officers. The chief of the Washington state patrol shall make the designations in a manner
designed to ensure that the programs under subsection (2) of
this section are reasonably available in all areas of the state.
(2) The chief of the Washington state patrol may permit
these traffic safety education officers to appear in their offduty hours in uniform to give programs in schools or the
community on the duties of the state patrol, traffic safety, or
crime prevention.
(3) The traffic safety education officers may accept such
pay and reimbursement of expenses as are approved by the
state patrol from the sponsoring organization.
(4) The state patrol is encouraged to work with community organizations to set up these programs statewide. [1984
c 217 § 1.]
43.43.560
43.43.560 Automatic fingerprint information system—Report. (1) To support criminal justice services in the
local communities throughout this state, the state patrol shall
develop a plan for and implement an automatic fingerprint
information system. In implementing the automatic fingerprint information system, the state patrol shall either purchase
or lease the appropriate computer systems. If the state patrol
leases a system, the lease agreement shall include purchase
options. The state patrol shall procure the most efficient system available.
(2) The state patrol shall report on the automatic fingerprint information system to the legislature no later than January 1, 1987. The report shall include a time line for implementing each stage, a local agency financial participation
analysis, a system analysis, a full cost/purchase analysis, a
vendor bid evaluation, and a space location analysis that
includes a site determination. The state patrol shall coordinate the preparation of this report with the office of financial
management. [1986 c 196 § 1.]
[Title 43 RCW—page 252]
43.43.565
43.43.565 Automatic fingerprint information system
account. (1) The automatic fingerprint information system
account is established in the custody of the state treasurer.
Moneys in the account may be spent only for the purposes of
purchasing or leasing automatic fingerprint information systems after appropriation by the legislature.
(2) Any moneys received by the state from bureau of justice assistance grants shall be deposited in the automatic fingerprint information system account if not inconsistent with
the terms of the grant. [1986 c 196 § 2.]
43.43.570
43.43.570 Automatic fingerprint identification system—Conditions for local establishment or operation—
Exemption—Rules. (1) No local law enforcement agency
may establish or operate an automatic fingerprint identification system unless:
(a) Both the hardware and software of the local system
are compatible with the state system under RCW 43.43.560;
and
(b) The local system is equipped to receive and answer
inquiries from the Washington state patrol automatic fingerprint identification system and transmit data to the Washington state patrol automatic fingerprint identification system.
(2) A local law enforcement agency operating an automatic fingerprint identification system shall transmit data on
fingerprint entries to the Washington state patrol electronically by computer. This requirement shall be in addition to
those under RCW 10.98.050 and 43.43.740.
(3) Counties or local agencies that purchased or signed a
contract to purchase an automatic fingerprint identification
system prior to January 1, 1987, are exempt from the requirements of this section. The Washington state patrol shall
charge fees for processing latent fingerprints submitted to the
patrol by counties or local jurisdictions exempted from the
requirements of this section. The fees shall cover, as nearly as
practicable, the direct and indirect costs to the patrol of processing such fingerprints.
(4) The Washington state patrol shall adopt rules to
implement this section. [1987 c 450 § 1.]
43.43.600
43.43.600 Drug control assistance unit—Created.
There is hereby created in the Washington state patrol a drug
control assistance unit. [1970 ex.s. c 63 § 1.]
43.43.610
43.43.610 Drug control assistance unit—Duties. The
drug control assistance unit shall provide investigative assistance for the purpose of enforcement of the provisions of
chapter 69.40 RCW. [1983 c 3 § 107; 1980 c 69 § 1; 1970
ex.s. c 63 § 2.]
43.43.620
43.43.620 Drug control assistance unit—Additional
duties—Information system on violations—Inter-unit
communications network. The drug control assistance unit
shall:
(1) Establish a record system to coordinate with all law
enforcement agencies in the state a comprehensive system of
information concerning violations of the narcotic and drug
laws.
(2004 Ed.)
Washington State Patrol
(2) Provide a communications network capable of interconnecting all offices and investigators of the unit. [1970
ex.s. c 63 § 3.]
43.43.630
43.43.630 Drug control assistance unit—Use of existing facilities and systems. In order to maximize the efficiency and effectiveness of state resources, the drug control
assistance unit shall, where feasible, use existing facilities
and systems. [1970 ex.s. c 63 § 4.]
43.43.640
43.43.640 Drug control assistance unit—Certain
investigators exempt from state civil service act. Any
investigators employed pursuant to RCW 43.43.610 shall be
exempt from the state civil service act, chapter 41.06 RCW.
[1980 c 69 § 3; 1970 ex.s. c 63 § 5.]
43.43.650
43.43.650 Drug control assistance unit—Employment of necessary personnel. The chief of the Washington
state patrol may employ such criminalists, chemists, clerical
and other personnel as are necessary for the conduct of the
affairs of the drug control assistance unit. [1970 ex.s. c 63 §
6.]
43.43.655
43.43.655 Drug control assistance unit—Special narcotics enforcement unit. A special narcotics enforcement
unit is established within the Washington state patrol drug
control assistance unit. The unit shall be coordinated between
the Washington state patrol, the attorney general, and the
Washington association of sheriffs and police chiefs. The initial unit shall consist of attorneys, investigators, and the necessary accountants and support staff. It is the responsibility of
the unit to: (1) Conduct criminal narcotic profiteering investigations and assist with prosecutions, (2) train local undercover narcotic agents, and (3) coordinate federal, state, and
local interjurisdictional narcotic investigations. [1989 c 271
§ 235.]
Reviser's note: 1989 c 271 § 235 directed that this section be added to
chapter 9A.82 RCW. Since this placement appears inappropriate, this section
has been codified in chapter 43.43 RCW.
43.43.690
council shall be actively involved in the preparation of the
bureau of forensic laboratory services budget and shall
approve the bureau of forensic laboratory services budget
prior to its formal submission by the state patrol to the office
of financial management pursuant to RCW 43.88.030. [1999
c 40 § 6; 1995 c 398 § 1; 1980 c 69 § 2.]
Effective date—1999 c 40: See note following RCW 43.103.010.
43.43.680
43.43.680 Controlled substance, simulator solution
analysis—Prima facie evidence. (1) In all prosecutions
involving the analysis of a controlled substance or a sample
of a controlled substance by the crime laboratory system of
the state patrol, a certified copy of the analytical report signed
by the supervisor of the state patrol's crime laboratory or the
forensic scientist conducting the analysis is prima facie evidence of the results of the analytical findings.
(2) The defendant or a prosecutor may subpoena the
forensic scientist who conducted the analysis of the substance
to testify at the preliminary hearing and trial of the issue at no
cost to the defendant, if the subpoena is issued at least ten
days prior to the trial date.
(3) In all prosecutions involving the analysis of a certified simulator solution by the Washington state toxicology
laboratory of the University of Washington, a certified copy
of the analytical report signed by the state toxicologist or the
toxicologist conducting the analysis is prima facie evidence
of the results of the analytical findings, and of certification of
the simulator solution used in the BAC verifier datamaster or
any other alcohol/ breath-testing equipment subsequently
adopted by rule.
(4) The defendant of a prosecution may subpoena the
toxicologist who conducted the analysis of the simulator
solution to testify at the preliminary hearing and trial of the
issue at no cost to the defendant, if thirty days prior to issuing
the subpoena the defendant gives the state toxicologist notice
of the defendant's intention to require the toxicologist's
appearance. [1994 c 271 § 501; 1992 c 129 § 1.]
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Severability—1989 c 271: See note following RCW 9.94A.510.
43.43.690
43.43.670
43.43.670 Bureau of forensic laboratory services—
Powers—Priorities. (1) There is created in the Washington
state patrol a bureau of forensic laboratory services system
which is authorized to:
(a) Provide laboratory services for the purpose of analyzing and scientifically handling any physical evidence relating
to any crime.
(b) Provide training assistance for local law enforcement
personnel.
(c) Provide all necessary toxicology services requested
by all coroners, medical examiners, and prosecuting attorneys.
(2) The bureau of forensic laboratory services shall
assign priority to a request for services with due regard to
whether the case involves criminal activity against persons.
The Washington state forensic investigations council shall
assist the bureau of forensic laboratory services in devising
policies to promote the most efficient use of laboratory services consistent with this section. The forensic investigations
(2004 Ed.)
43.43.690 Crime laboratory analysis—Guilty persons to pay fee. (1) When a person has been adjudged guilty
of violating any criminal statute of this state and a crime laboratory analysis was performed by a state crime laboratory, in
addition to any other disposition, penalty, or fine imposed,
the court shall levy a crime laboratory analysis fee of one
hundred dollars for each offense for which the person was
convicted. Upon a verified petition by the person assessed the
fee, the court may suspend payment of all or part of the fee if
it finds that the person does not have the ability to pay the fee.
(2) When a minor has been adjudicated a juvenile
offender for an offense which, if committed by an adult,
would constitute a violation of any criminal statute of this
state and a crime laboratory analysis was performed, in addition to any other disposition imposed, the court shall assess a
crime laboratory analysis fee of one hundred dollars for each
adjudication. Upon a verified petition by a minor assessed the
fee, the court may suspend payment of all or part of the fee
[if] it finds that the minor does not have the ability to pay the
fee.
[Title 43 RCW—page 253]
43.43.700
Title 43 RCW: State Government—Executive
(3) All crime laboratory analysis fees assessed under this
section shall be collected by the clerk of the court and forwarded to the state general fund, to be used only for crime
laboratories. The clerk may retain five dollars to defray the
costs of collecting the fees. [1992 c 129 § 2.]
43.43.700
43.43.700 Identification, child abuse, vulnerable
adult abuse, and criminal history section—Generally.
There is hereby established within the Washington state
patrol a section on identification, child abuse, vulnerable
adult abuse, and criminal history hereafter referred to as the
section.
In order to aid the administration of justice the section
shall install systems for the identification of individuals,
including the fingerprint system and such other systems as
the chief deems necessary. The section shall keep a complete
record and index of all information received in convenient
form for consultation and comparison.
The section shall obtain from whatever source available
and file for record the fingerprints, palmprints, photographs,
or such other identification data as it deems necessary, of persons who have been or shall hereafter be lawfully arrested
and charged with, or convicted of any criminal offense. The
section may obtain like information concerning persons
arrested for or convicted of crimes under the laws of another
state or government.
The section shall also contain like information concerning persons, over the age of eighteen years, who have been
found to have physically abused or sexually abused or
exploited a child pursuant to a dependency proceeding under
chapter 13.34 RCW, or to have abused or financially
exploited a vulnerable adult pursuant to a protection proceeding under chapter 74.34 RCW. [1998 c 141 § 2; 1989 c 334
§ 6; 1987 c 486 § 9; 1985 c 201 § 7; 1984 c 17 § 17; 1972
ex.s. c 152 § 1.]
43.43.705
43.43.705 Identification data—Processing procedure—Definitions. Upon the receipt of identification data
from criminal justice agencies within this state, the section
shall immediately cause the files to be examined and upon
request shall promptly return to the contributor of such data a
transcript of the record of previous arrests and dispositions of
the persons described in the data submitted.
Upon application, the section shall furnish to criminal
justice agencies, or to the department of social and health services, hereinafter referred to as the "department", a transcript
of the criminal offender record information, dependency
record information, or protection proceeding record information available pertaining to any person of whom the section
has a record.
For the purposes of RCW 43.43.700 through 43.43.785
the following words and phrases shall have the following
meanings:
"Criminal offender record information" includes, and
shall be restricted to identifying data and public record information recorded as the result of an arrest or other initiation of
criminal proceedings and the consequent proceedings related
thereto. "Criminal offender record information" shall not
include intelligence, analytical, or investigative reports and
files.
[Title 43 RCW—page 254]
"Criminal justice agencies" are those public agencies
within or outside the state which perform, as a principal function, activities directly relating to the apprehension, prosecution, adjudication or rehabilitation of criminal offenders.
"Dependency record information" includes and shall be
restricted to identifying data regarding a person, over the age
of eighteen, who was a party to a dependency proceeding
brought under chapter 13.34 RCW and who has been found,
pursuant to such dependency proceeding, to have sexually
abused or exploited or physically abused a child.
"Protection proceeding record information" includes and
shall be restricted to identifying data regarding a person, over
eighteen, who was a respondent to a protection proceeding
brought under chapter 74.34 RCW and who has been found
pursuant to such a proceeding to have abused or financially
exploited a vulnerable adult.
The section may refuse to furnish any information pertaining to the identification or history of any person or persons of whom it has a record, or other information in its files
and records, to any applicant if the chief determines that the
applicant has previously misused information furnished to
such applicant by the section or the chief believes that the
applicant will not use the information requested solely for the
purpose of due administration of the criminal laws or for the
purposes enumerated in *RCW 43.43.760(3). The applicant
may appeal such determination by notifying the chief in writing within thirty days. The hearing shall be before an administrative law judge appointed under chapter 34.12 RCW and
in accordance with procedures for adjudicative proceedings
under chapter 34.05 RCW. [1999 c 151 § 1101; 1989 c 334
§ 7; 1987 c 486 § 10; 1985 c 201 § 8; 1977 ex.s. c 314 § 14;
1972 ex.s. c 152 § 2.]
*Reviser's note: RCW 43.43.760 was amended by 2001 c 217 § 3,
changing subsection (3) to subsection (4).
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
43.43.710 Availability of information. Information
contained in the files and records of the section relative to the
commission of any crime by any person shall be considered
privileged and shall not be made public or disclosed for any
personal purpose or in any civil court proceedings except
upon a written order of the judge of a court wherein such civil
proceedings are had. All information contained in the files of
the section relative to criminal records and personal histories
of persons arrested for the commission of a crime shall be
available to all criminal justice agencies upon the filing of an
application as provided in RCW 43.43.705.
Although no application for information has been made
to the section as provided in RCW 43.43.705, the section may
transmit such information in the chief's discretion, to such
agencies as are authorized by RCW 43.43.705 to make application for it. [1995 c 369 § 13; 1987 c 486 § 11; 1986 c 266
§ 87; 1985 c 201 § 9; 1979 ex.s. c 36 § 7. Prior: 1977 ex.s. c
314 § 15; 1977 ex.s. c 30 § 1; 1972 ex.s. c 152 § 3.]
43.43.710
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
43.43.715 Identification—Cooperation with other
criminal justice agencies. The section shall, consistent with
the procedures set forth in chapter 152, Laws of 1972 ex.
43.43.715
(2004 Ed.)
Washington State Patrol
sess., cooperate with all other criminal justice agencies, and
the department, within or without the state, in an exchange of
information regarding convicted criminals and those suspected of or wanted for the commission of crimes, and persons who are the subject of dependency record information or
protection proceeding record information, to the end that
proper identification may rapidly be made and the ends of
justice served. [1989 c 334 § 8; 1985 c 201 § 10; 1972 ex.s.
c 152 § 4.]
43.43.720
43.43.720 Local identification and records systems—
Assistance. At the request of any criminal justice agency
within this state, the section may assist such agency in the
establishment of local identification and records systems.
[1972 ex.s. c 152 § 5.]
43.43.725
43.43.725 Records as evidence. Any copy of a criminal offender record, photograph, fingerprint, or other paper or
document in the files of the section, including dependency
record information, certified by the chief or his designee to be
a true and complete copy of the original or of information on
file with the section, shall be admissible in evidence in any
court of this state pursuant to the provisions of RCW
5.44.040. [1985 c 201 § 11; 1972 ex.s. c 152 § 6.]
43.43.730
43.43.730 Records—Inspection—Requests for purge
or modification—Appeals. (1) Any individual shall have
the right to inspect criminal offender record information, or
dependency record information, on file with the section
which refers to him. If an individual believes such information to be inaccurate or incomplete, he may request the section to purge, modify or supplement it and to advise such persons or agencies who have received his record and whom the
individual designates to modify it accordingly. Should the
section decline to so act, or should the individual believe the
section's decision to be otherwise unsatisfactory, the individual may appeal such decision to the superior court in the
county in which he is resident, or the county from which the
disputed record emanated or Thurston county. The court shall
in such case conduct a de novo hearing, and may order such
relief as it finds to be just and equitable.
(2) The section may prescribe reasonable hours and a
place for inspection, and may impose such additional restrictions, including fingerprinting, as are reasonably necessary
both to assure the record's security and to verify the identities
of those who seek to inspect them: PROVIDED, That the
section may charge a reasonable fee for fingerprinting. [1985
c 201 § 12; 1977 ex.s. c 314 § 16; 1972 ex.s. c 152 § 7.]
43.43.735
43.43.735 Photographing and fingerprinting—Powers and duties of law enforcement agencies, department of
licensing, and courts—Other data. (1) It shall be the duty
of the sheriff or director of public safety of every county, and
the chief of police of every city or town, and of every chief
officer of other law enforcement agencies duly operating
within this state, to cause the photographing and fingerprinting of all adults and juveniles lawfully arrested for the commission of any criminal offense constituting a felony or gross
misdemeanor. (a) When such juveniles are brought directly to
a juvenile detention facility, the juvenile court administrator
(2004 Ed.)
43.43.740
is also authorized, but not required, to cause the photographing, fingerprinting, and record transmittal to the appropriate
law enforcement agency; and (b) a further exception may be
made when the arrest is for a violation punishable as a gross
misdemeanor and the arrested person is not taken into custody.
(2) It shall be the right, but not the duty, of the sheriff or
director of public safety of every county, and the chief of
police of every city or town, and every chief officer of other
law enforcement agencies operating within this state to photograph and record the fingerprints of all adults lawfully
arrested, all persons who are the subject of dependency
record information, or all persons who are the subject of protection proceeding record information.
(3) Such sheriffs, directors of public safety, chiefs of
police, and other chief law enforcement officers, may record,
in addition to photographs and fingerprints, the palmprints,
soleprints, toeprints, or any other identification data of all
persons whose photograph and fingerprints are required or
allowed to be taken under this section, all persons who are the
subject of dependency record information, or all persons who
are the subject of protection proceeding record information,
when in the discretion of such law enforcement officers it is
necessary for proper identification of the arrested person or
the investigation of the crime with which he is charged.
(4) It shall be the duty of the department of health or the
court having jurisdiction over the dependency action and protection proceedings under chapter 74.34 RCW to cause the
fingerprinting of all persons who are the subject of a disciplinary board final decision, dependency record information,
protection proceeding record information, or to obtain other
necessary identifying information, as specified by the section
in rules adopted under chapter 34.05 RCW to carry out the
provisions of this subsection.
(5) The court having jurisdiction over the dependency or
protection proceeding action may obtain and record, in addition to fingerprints, the photographs, palmprints, soleprints,
toeprints, or any other identification data of all persons who
are the subject of dependency record information or protection proceeding record information, when in the discretion of
the court it is necessary for proper identification of the person. [1991 c 3 § 297. Prior: 1989 c 334 § 9; 1989 c 6 § 2;
prior: 1987 c 486 § 12; 1987 c 450 § 2; 1985 c 201 § 13; 1972
ex.s. c 152 § 8.]
43.43.740 Photographing and fingerprinting—
Transmittal of data—Compliance audits. (1) It shall be
the duty of the sheriff or director of public safety of every
county, and the chief of police of every city or town, and of
every chief officer of other law enforcement agencies duly
operating within this state to furnish within seventy-two
hours from the time of arrest to the section the required sets
of fingerprints together with other identifying data as may be
prescribed by the chief, of any person lawfully arrested, fingerprinted, and photographed pursuant to RCW 43.43.735.
(2) Law enforcement agencies may retain and file copies
of the fingerprints, photographs, and other identifying data
and information obtained pursuant to RCW 43.43.735. Said
records shall remain in the possession of the law enforcement
agency as part of the identification record and are not returnable to the subjects thereof.
43.43.740
[Title 43 RCW—page 255]
43.43.742
Title 43 RCW: State Government—Executive
(3) It shall be the duty of the court having jurisdiction
over the dependency action to furnish dependency record
information, obtained pursuant to RCW 43.43.735, to the
section within seven days, excluding Saturdays, Sundays,
and holidays, from the date that the court enters a finding,
pursuant to a dependency action brought under chapter 13.34
RCW, that a person over the age of eighteen, who is a party
to the dependency action, has sexually abused or exploited or
physically abused a child.
(4) The court having jurisdiction over the dependency or
protection proceeding action may retain and file copies of the
fingerprints, photographs, and other identifying data and
information obtained pursuant to RCW 43.43.735. These
records shall remain in the possession of the court as part of
the identification record and are not returnable to the subjects
thereof.
(5) It shall be the duty of a court having jurisdiction over
the protection proceeding to furnish protection proceeding
record information, obtained under RCW 43.43.735 to the
section within seven days, excluding Saturdays, Sundays,
and holidays, from the date that the court enters a final order
pursuant to a protection proceeding brought under chapter
74.34 RCW, that a person over the age of eighteen, who is the
respondent to the protection proceeding, has abused or financially exploited a vulnerable adult as that term is defined in
RCW 43.43.830.
(6) The section shall administer periodic compliance
audits for the department of licensing and each court having
jurisdiction over dependency and protection proceeding
actions as defined in chapters 13.34 and 74.34 RCW, respectively. Such audits shall ensure that all dependency record
information regarding persons over the age of eighteen years
has been furnished to the section as required in subsection (3)
of this section. [1989 c 334 § 10. Prior: 1987 c 486 § 13;
1987 c 450 § 3; 1985 c 201 § 14; 1972 ex.s. c 152 § 9.]
43.43.742
43.43.742 Submission of fingerprints taken from persons for noncriminal purposes—Fees. The Washington
state patrol shall adopt rules concerning submission of fingerprints taken by local agencies after July 26, 1987, from persons for license application or other noncriminal purposes.
The Washington state patrol may charge fees for submission
of fingerprints which will cover as nearly as practicable the
direct and indirect costs to the Washington state patrol of processing such submission. [1987 c 450 § 4.]
(2) Every time the secretary authorizes a furlough as provided for in RCW 72.66.012 the department of corrections
shall notify, thirty days prior to the beginning of such furlough, the sheriff or director of public safety of the county to
which the prisoner is being furloughed, the nearest Washington state patrol district facility in the county wherein the furloughed prisoner is to be residing, and other similar criminal
justice agencies that the named prisoner has been granted a
furlough, the place to which furloughed, and the dates and
times during which the prisoner will be on furlough status. In
the case of an emergency furlough the thirty-day time period
shall not be required but notification shall be made as
promptly as possible and before the prisoner is released on
furlough.
(3) Disposition of the charge for which the arrest was
made shall be reported to the section at whatever stage in the
proceedings a final disposition occurs by the arresting law
enforcement agency, county prosecutor, city attorney, or
court having jurisdiction over the offense: PROVIDED, That
the chief shall promulgate rules pursuant to chapter 34.05
RCW to carry out the provisions of this subsection.
(4) Whenever a person serving a sentence for a term of
confinement in a state correctional facility for convicted felons, pursuant to court commitment, is released on an order of
the state indeterminate sentence review board, or is discharged from custody on expiration of sentence, the department of corrections shall promptly notify the sheriff or director of public safety, the nearest Washington state patrol district facility, and other similar criminal justice agencies that
the named person has been released or discharged, the place
to which such person has been released or discharged, and the
conditions of his or her release or discharge.
Local law enforcement agencies shall require persons
convicted of sex offenses to register pursuant to RCW
9A.44.130. In addition, nothing in this section shall be construed to prevent any local law enforcement authority from
recording the residency and other information concerning
any convicted felon or other person convicted of a criminal
offense when such information is obtained from a source
other than from registration pursuant to RCW 9A.44.130
which source may include any officer or other agency or subdivision of the state.
(5) The existence of the notice requirement in subsection
(2) of this section will not require any extension of the release
date in the event the release plan changes after notification.
[1994 c 129 § 7; 1993 c 24 § 1; 1990 c 3 § 409; 1985 c 346 §
6; 1973 c 20 § 1; 1972 ex.s. c 152 § 10.]
43.43.745
43.43.745 Convicted persons, fingerprinting
required, records—Furloughs, information to section,
notice to local agencies—Arrests, disposition information—Convicts, information to section, notice to local
agencies—Registration of sex offenders. (1) It shall be the
duty of the sheriff or director of public safety of every county,
of the chief of police of each city or town, or of every chief
officer of other law enforcement agencies operating within
this state, to record the fingerprints of all persons held in or
remanded to their custody when convicted of any crime as
provided for in RCW 43.43.735 for which the penalty of
imprisonment might be imposed and to disseminate and file
such fingerprints in the same manner as those recorded upon
arrest pursuant to RCW 43.43.735 and 43.43.740.
[Title 43 RCW—page 256]
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Construction—Prior rules and regulations—1973 c 20: See note following RCW 72.66.010.
43.43.750
43.43.750 Use of force to obtain identification information—Liability. In exercising their duties and authority
under RCW 43.43.735 and 43.43.740, the sheriffs, directors
of public safety, chiefs of police, and other chief law enforcement officers, may, consistent with constitutional and legal
requirements, use such reasonable force as is necessary to
compel an unwilling person to submit to being photographed,
or fingerprinted, or to submit to any other identification pro(2004 Ed.)
Washington State Patrol
cedure, except interrogation, which will result in obtaining
physical evidence serving to identify such person. No one
having the custody of any person subject to the identification
procedures provided for in chapter 152, Laws of 1972 ex.
sess., and no one acting in his aid or under his direction, and
no one concerned in such publication as is provided for in
RCW 43.43.740, shall incur any liability, civil or criminal,
for anything lawfully done in the exercise of the provisions of
chapter 152, Laws of 1972 ex. sess. [1972 ex.s. c 152 § 11.]
43.43.752
43.43.752 DNA identification system—Plan—
Report. (1) To support criminal justice services in the local
communities throughout this state, the state patrol in consultation with the University of Washington school of medicine
shall develop a plan for and establish a DNA identification
system. In implementing the plan, the state patrol shall purchase the appropriate equipment and supplies. The state
patrol shall procure the most efficient equipment available.
(2) The DNA identification system as established shall
be compatible with that utilized by the federal bureau of
investigation.
(3) The state patrol and the University of Washington
school of medicine shall report on the DNA identification
system to the legislature no later than November 1, 1989. The
report shall include a timeline for implementing each stage, a
local agency financial participation analysis, a system analysis, a full cost/purchase analysis, a vendor bid evaluation, and
a space location analysis that includes a site determination.
The state patrol shall coordinate the preparation of this report
with the office of financial management. [1989 c 350 § 2.]
Funding limitations—1989 c 350: "Any moneys received by the state
from the federal bureau of justice assistance shall be used to conserve state
funds if not inconsistent with the terms of the grant. To the extent that federal
funds are available for the purposes of this act, state funds appropriated in
this section shall lapse and revert to the general fund." [1989 c 350 § 8.]
43.43.753
43.43.753 Findings—DNA identification system—
DNA data base—DNA data bank. The legislature finds
that recent developments in molecular biology and genetics
have important applications for forensic science. It has been
scientifically established that there is a unique pattern to the
chemical structure of the deoxyribonucleic acid (DNA) contained in each cell of the human body. The process for identifying this pattern is called "DNA identification."
The legislature further finds that DNA data bases are
important tools in criminal investigations, in the exclusion of
individuals who are the subject of investigations or prosecutions, and in detecting recidivist acts. It is the policy of this
state to assist federal, state, and local criminal justice and law
enforcement agencies in both the identification and detection
of individuals in criminal investigations and the identification
and location of missing and unidentified persons. Therefore,
it is in the best interest of the state to establish a DNA data
base and DNA data bank containing DNA samples submitted
by persons convicted of felony offenses and DNA samples
necessary for the identification of missing persons and unidentified human remains.
The legislature further finds that the DNA identification
system used by the federal bureau of investigation and the
Washington state patrol has no ability to predict genetic disease or predisposal to illness. Nonetheless, the legislature
(2004 Ed.)
43.43.754
intends that biological samples collected under RCW
43.43.754, and DNA identification data obtained from the
samples, be used only for purposes related to criminal investigation, identification of human remains or missing persons,
or improving the operation of the system authorized under
RCW 43.43.752 through 43.43.758. [2002 c 289 § 1; 1989 c
350 § 1.]
Severability—2002 c 289: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2002 c 289 § 7.]
Effective date—2002 c 289: "This act takes effect July 1, 2002." [2002
c 289 § 9.]
43.43.7532
43.43.7532 DNA identification system—DNA data
base account. The state DNA data base account is created in
the custody of the state treasurer. All receipts under RCW
43.43.7541 must be deposited into the account. Expenditures
from the account may be used only for creation, operation,
and maintenance of the DNA data base under RCW
43.43.754. Only the chief of the Washington state patrol or
the chief's designee may authorize expenditures from the
account. The account is subject to allotment procedures under
chapter 43.88 RCW, but an appropriation is not required for
expenditures. [2002 c 289 § 5.]
Severability—Effective date—2002 c 289: See notes following RCW
43.43.753.
43.43.754
43.43.754 DNA identification system—Biological
samples—Collection, use, testing—Scope and application
of section. (1) Every adult or juvenile individual convicted
of a felony, stalking under RCW 9A.46.110, harassment
under RCW 9A.46.020, communicating with a minor for
immoral purposes under RCW 9.68A.090, or adjudicated
guilty of an equivalent juvenile offense must have a biological sample collected for purposes of DNA identification analysis in the following manner:
(a) For persons convicted of such offenses or adjudicated
guilty of an equivalent juvenile offense who do not serve a
term of confinement in a department of corrections facility,
and do serve a term of confinement in a city or county jail
facility, the city or county shall be responsible for obtaining
the biological samples either as part of the intake process into
the city or county jail or detention facility for those persons
convicted on or after July 1, 2002, or within a reasonable time
after July 1, 2002, for those persons incarcerated before July
1, 2002, who have not yet had a biological sample collected,
beginning with those persons who will be released the soonest.
(b) For persons convicted of such offenses or adjudicated
guilty of an equivalent juvenile offense who do not serve a
term of confinement in a department of corrections facility,
and do not serve a term of confinement in a city or county jail
facility, the local police department or sheriff's office is
responsible for obtaining the biological samples after sentencing on or after July 1, 2002.
(c) For persons convicted of such offenses or adjudicated
guilty of an equivalent juvenile offense, who are serving or
who are to serve a term of confinement in a department of
corrections facility or a department of social and health services facility, the facility holding the person shall be respon[Title 43 RCW—page 257]
43.43.7541
Title 43 RCW: State Government—Executive
sible for obtaining the biological samples either as part of the
intake process into such facility for those persons convicted
on or after July 1, 2002, or within a reasonable time after July
1, 2002, for those persons incarcerated before July 1, 2002,
who have not yet had a biological sample collected, beginning with those persons who will be released the soonest.
(2) Any biological sample taken pursuant to RCW
43.43.752 through 43.43.758 may be retained by the forensic
laboratory services bureau, and shall be used solely for the
purpose of providing DNA or other tests for identification
analysis and prosecution of a criminal offense or for the identification of human remains or missing persons. Nothing in
this section prohibits the submission of results derived from
the biological samples to the federal bureau of investigation
combined DNA index system.
(3) The director of the forensic laboratory services
bureau of the Washington state patrol shall perform testing
on all biological samples collected under subsection (1) of
this section, to the extent allowed by funding available for
this purpose. The director shall give priority to testing on
samples collected from those adults or juveniles convicted of
a felony or adjudicated guilty of an equivalent juvenile
offense that is defined as a sex offense or a violent offense in
RCW 9.94A.030.
(4) This section applies to all adults who are convicted of
a sex or violent offense after July 1, 1990; and to all adults
who were convicted of a sex or violent offense on or prior to
July 1, 1990, and who are still incarcerated on or after July
25, 1999. This section applies to all juveniles who are adjudicated guilty of a sex or violent offense after July 1, 1994; and
to all juveniles who were adjudicated guilty of a sex or violent offense on or prior to July 1, 1994, and who are still
incarcerated on or after July 25, 1999. This section applies to
all adults and juveniles who are convicted of a felony other
than a sex or violent offense, stalking under RCW 9A.46.110,
harassment under RCW 9A.46.020, or communicating with a
minor for immoral purposes under RCW 9.68A.090, or adjudicated guilty of an equivalent juvenile offense, on or after
July 1, 2002; and to all adults and juveniles who were convicted or adjudicated guilty of such an offense before July 1,
2002, and are still incarcerated on or after July 1, 2002.
(5) This section creates no rights in a third person. No
cause of action may be brought based upon the noncollection
or nonanalysis or the delayed collection or analysis of a biological sample authorized to be taken under RCW 43.43.752
through 43.43.758.
(6) The detention, arrest, or conviction of a person based
upon a data base match or data base information is not invalidated if it is determined that the sample was obtained or
placed in the data base by mistake, or if the conviction or
juvenile adjudication that resulted in the collection of the biological sample was subsequently vacated or otherwise altered
in any future proceeding including but not limited to posttrial
or postfact-finding motions, appeals, or collateral attacks.
[2002 c 289 § 2; 1999 c 329 § 2; 1994 c 271 § 402; 1990 c 230
§ 3; 1989 c 350 § 4.]
Severability—Effective date—2002 c 289: See notes following RCW
43.43.753.
Findings—1999 c 329: "The legislature finds it necessary to expand
the current pool of convicted offenders who must have a blood sample drawn
for purposes of DNA identification analysis. The legislature further finds
[Title 43 RCW—page 258]
that there is a high rate of recidivism among certain types of violent and sex
offenders and that drawing blood is minimally intrusive. Creating an
expanded DNA data bank bears a rational relationship to the public's interest
in enabling law enforcement to better identify convicted violent and sex
offenders who are involved in unsolved crimes, who escape to reoffend, and
who reoffend after release." [1999 c 329 § 1.]
Severability—1999 c 329: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1999 c 329 § 3.]
Finding—1994 c 271: "The legislature finds that DNA identification
analysis is an accurate and useful law enforcement tool for identifying and
prosecuting sexual and violent offenders. The legislature further finds no
compelling reason to exclude juvenile sexual and juvenile violent offenders
from DNA identification analysis." [1994 c 271 § 401.]
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Finding—Funding limitations—1989 c 350: See notes following
RCW 43.43.752.
43.43.7541
43.43.7541 DNA identification system—Collection of
biological samples—Fee. Every sentence imposed under
chapter 9.94A RCW, for a felony specified in RCW
43.43.754 that is committed on or after July 1, 2002, must
include a fee of one hundred dollars for collection of a biological sample as required under RCW 43.43.754, unless the
court finds that imposing the fee would result in undue hardship on the offender. The fee is a court-ordered legal financial
obligation as defined in RCW 9.94A.030, payable by the
offender after payment of all other legal financial obligations
included in the sentence has been completed. The clerk of the
court shall transmit fees collected to the state treasurer for
deposit in the state DNA data base account created under
RCW 43.43.7532. [2002 c 289 § 4.]
Severability—Effective date—2002 c 289: See notes following RCW
43.43.753.
43.43.756
43.43.756 DNA identification system—Analysis,
assistance, and testimony services. The state patrol in consultation with the University of Washington school of medicine may:
(1) Provide DNA analysis services to law enforcement
agencies throughout the state after July 1, 1990;
(2) Provide assistance to law enforcement officials and
prosecutors in the preparation and utilization of DNA evidence for presentation in court; and
(3) Provide expert testimony in court on DNA evidentiary issues. [1989 c 350 § 5.]
Finding—Funding limitations—1989 c 350: See notes following
RCW 43.43.752.
43.43.758
43.43.758 DNA identification system—Local law
enforcement systems—Limitations. (1) Except as provided
in subsection (2) of this section, no local law enforcement
agency may establish or operate a DNA identification system
before July 1, 1990, and unless:
(a) The equipment of the local system is compatible with
that of the state system under RCW 43.43.752;
(b) The local system is equipped to receive and answer
inquiries from the Washington state patrol DNA identification system and transmit data to the Washington state patrol
DNA identification system; and
(2004 Ed.)
Washington State Patrol
(c) The procedure and rules for the collection, analysis,
storage, expungement, and use of DNA identification data do
not conflict with procedures and rules applicable to the state
patrol DNA identification system.
(2) Nothing in this section shall prohibit a local law
enforcement agency from performing DNA identification
analysis in individual cases to assist law enforcement officials and prosecutors in the preparation and use of DNA evidence for presentation in court. [1990 c 230 § 2; 1989 c 350
§ 6.]
Finding—Funding limitations—1989 c 350: See notes following
RCW 43.43.752.
43.43.759
43.43.759 DNA identification system—Rule-making
requirements. The Washington state patrol shall consult
with the forensic investigations council and adopt rules to
implement RCW 43.43.752 through 43.43.758. The rules
shall prohibit the use of DNA identification data for any
research or other purpose that is not related to a criminal
investigation, to the identification of human remains or missing persons, or to improving the operation of the system
authorized by RCW 43.43.752 through 43.43.758. The rules
must also identify appropriate sources and collection methods for biological samples needed for purposes of DNA identification analysis. [2002 c 289 § 3; 1990 c 230 § 1.]
Severability—Effective date—2002 c 289: See notes following RCW
43.43.753.
43.43.760
43.43.760 Personal identification—Requests—Purpose—Applicants—Fee. (1) Whenever a resident of this
state appears before any law enforcement agency and
requests an impression of his or her fingerprints to be made,
such agency may comply with his or her request and make
the required copies of the impressions on forms marked "Personal Identification". The required copies shall be forwarded
to the section and marked "for personal identification only".
The section shall accept and file such fingerprints submitted voluntarily by such resident, for the purpose of securing a more certain and easy identification in case of death,
injury, loss of memory, or other similar circumstances. Upon
the request of such person, the section shall return his or her
identification data.
(2) Whenever a person claiming to be a victim of identity
theft appears before any law enforcement agency and
requests an impression of his or her fingerprints to be made,
such agency may comply with this request and make the
required copies of the impressions on forms marked "Personal Identification." The required copies shall be forwarded
to the section and marked "for personal identification only."
The section shall accept and file such fingerprints submitted by such resident, for the purpose of securing a more
certain and easy identification in cases of identity theft. The
section shall provide a statement showing that the victim's
impression of fingerprints has been accepted and filed with
the section.
The statement provided to the victim shall state clearly in
twelve-point print:
"The person holding this statement has claimed to be a
victim of identity theft. Pursuant to chapter 9.35 RCW, a
business is required by law to provide this victim with copies
(2004 Ed.)
43.43.765
of all relevant application and transaction information related
to the transaction being alleged as a potential or actual identity theft. A business must provide this information once the
victim makes a request in writing, shows this statement, any
government issued photo identification card, and a copy of a
police report."
Upon the request of such person, the section shall return
his or her identification data.
(3) Whenever any person is an applicant for appointment
to any position or is an applicant for employment or is an
applicant for a license to be issued by any governmental
agency, and the law or a regulation of such governmental
agency requires that the applicant be of good moral character
or not have been convicted of a crime, or is an applicant for
appointment to or employment with a criminal justice
agency, or the department, or is an applicant for the services
of an international matchmaking organization, the applicant
may request any law enforcement agency to make an impression of his or her fingerprints to be submitted to the section.
The law enforcement agency may comply with such request
and make copies of the impressions on forms marked "applicant", and submit such copies to the section.
The section shall accept such fingerprints and shall cause
its files to be examined and shall promptly send to the
appointing authority, employer, licensing authority, or international matchmaking organization indicated on the form of
application, a transcript of the record of previous crimes committed by the person described on the data submitted, or a
transcript of the dependency record information regarding the
person described on the data submitted, or if there is no
record of his or her commission of any crimes, or if there is
no dependency record information, a statement to that effect.
(4) The Washington state patrol shall charge fees for processing of noncriminal justice system requests for criminal
history record information pursuant to this section which will
cover, as nearly as practicable, the direct and indirect costs to
the patrol of processing such requests.
Any law enforcement agency may charge a fee not to
exceed five dollars for the purpose of taking fingerprint
impressions or searching its files of identification for noncriminal purposes. [2002 c 115 § 5; 2001 c 217 § 3; 1985 c
201 § 15; 1983 c 184 § 1; 1972 ex.s. c 152 § 13.]
Effective date—2002 c 115: See RCW 19.220.900.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Dissemination of information—Limitations—Disclaimer of liability: RCW
43.43.815.
43.43.765
43.43.765 Reports of transfer, release or changes as
to committed or imprisoned persons—Records. The principal officers of the jails, correctional institutions, state mental institutions and all places of detention to which a person is
committed under chapter 10.77 RCW, chapter 71.06 RCW,
or chapter 71.09 RCW for treatment or under a sentence of
imprisonment for any crime as provided for in RCW
43.43.735 shall within seventy-two hours, report to the section, any interinstitutional transfer, release or change of
release status of any person held in custody pursuant to the
rules promulgated by the chief.
The principal officers of all state mental institutions to
which a person has been committed under chapter 10.77
[Title 43 RCW—page 259]
43.43.770
Title 43 RCW: State Government—Executive
RCW, chapter 71.06 RCW, or chapter 71.09 RCW shall keep
a record of the photographs, description, fingerprints, and
other identification data as may be obtainable from the appropriate criminal justice agency. [1990 c 3 § 131; 1983 c 3 §
108; 1972 ex.s. c 152 § 14.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
43.43.770
43.43.770 Unidentified deceased persons. It shall be
the duty of the sheriff or director of public safety of every
county, or the chief of police of every city or town, or the
chief officer of other law enforcement agencies operating
within this state, coroners or medical examiners, to record
whenever possible the fingerprints and such other identification data as may be useful to establish identity, of all unidentified dead bodies found within their respective jurisdictions,
and to furnish to the section all data so obtained. The section
shall search its files and otherwise make a reasonable effort to
determine the identity of the deceased and notify the contributing agency of the finding.
In all cases where there is found to exist a criminal
record for the deceased, the section shall notify the federal
bureau of investigation and each criminal justice agency,
within or outside the state in whose jurisdiction the decedent
has been arrested, of the date and place of death of decedent.
[1972 ex.s. c 152 § 15.]
43.43.775
43.43.775 Interagency contracts. The legislative
authority of any county, city or town may authorize its sheriff, director of public safety or chief of police to enter into any
contract with another public agency which is necessary to
carry out the provisions of chapter 152, laws of 1972 ex. sess.
[1972 ex.s. c 152 § 16.]
43.43.780
43.43.780 Transfer of records, data, equipment to
section. All fingerprint cards, photographs, file cabinets,
equipment, and other records collected and filed by the
bureau of criminal identification, and now in the department
of social and health services shall be transferred to the Washington state patrol for use by the section on identification created by chapter 152, Laws of 1972 ex. sess. [1972 ex.s. c 152
§ 17.]
43.43.785
43.43.785 Criminal justice services—Consolidation—Establishment of program. The legislature finds that
there is a need for the Washington state patrol to establish a
program which will consolidate existing programs of criminal justice services within its jurisdiction so that such services may be more effectively utilized by the criminal justice
agencies of this state. The chief shall establish such a program which shall include but not be limited to the identification section, all auxiliary systems including the Washington
crime information center and the teletypewriter communications network, the drug control assistance unit, and any other
services the chief deems necessary which are not directly
related to traffic control. [1999 c 151 § 1102; 1972 ex.s. c
152 § 18.]
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
[Title 43 RCW—page 260]
43.43.800
43.43.800 Criminal justice services programs—
Duties of executive committee. The executive committee
created in RCW 10.98.160 shall review the provisions of
RCW 43.43.700 through 43.43.785 and the administration
thereof and shall consult with and advise the chief of the state
patrol on matters pertaining to the policies of criminal justice
services program. [1999 c 151 § 1103; 1972 ex.s. c 152 §
21.]
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
43.43.810
43.43.810 Obtaining information by false pretenses—Unauthorized use of information—Falsifying
records—Penalty. Any person who wilfully requests,
obtains or seeks to obtain criminal offender record information under false pretenses, or who wilfully communicates or
seeks to communicate criminal offender record information
to any agency or person except in accordance with chapter
152, laws of 1972 ex. sess., or any member, officer, employee
or agent of the section, the council or any participating
agency, who wilfully falsifies criminal offender record information, or any records relating thereto, shall for each such
offense be guilty of a misdemeanor. [1977 ex.s. c 314 § 17;
1972 ex.s. c 152 § 23.]
43.43.815
43.43.815 Conviction record furnished to
employer—Purposes—Notification to subject of record—
Fees—Limitations—Injunctive relief, damages, attorneys' fees—Disclaimer of liability—Rules. (1) Notwithstanding any provision of RCW 43.43.700 through 43.43.810
to the contrary, the Washington state patrol shall furnish a
conviction record, as defined in RCW 10.97.030, pertaining
to any person of whom the Washington state patrol has a
record upon the written or electronic request of any employer
for the purpose of:
(a) Securing a bond required for any employment;
(b) Conducting preemployment and postemployment
evaluations of employees and prospective employees who, in
the course of employment, may have access to information
affecting national security, trade secrets, confidential or proprietary business information, money, or items of value; or
(c) Assisting an investigation of suspected employee
misconduct where such misconduct may also constitute a
penal offense under the laws of the United States or any state.
(2) When an employer has received a conviction record
under subsection (1) of this section, the employer shall notify
the subject of the record of such receipt within thirty days
after receipt of the record, or upon completion of an investigation under subsection (1)(c) of this section. The employer
shall make the record available for examination by its subject
and shall notify the subject of such availability.
(3) The Washington state patrol shall charge fees for disseminating records pursuant to this section which will cover,
as nearly as practicable, the direct and indirect costs to the
Washington state patrol of disseminating such records.
(4) Information disseminated pursuant to this section or
RCW 43.43.760 shall be available only to persons involved
in the hiring, background investigation, or job assignment of
the person whose record is disseminated and shall be used
only as necessary for those purposes enumerated in subsection (1) of this section.
(2004 Ed.)
Washington State Patrol
(5) Any person may maintain an action to enjoin a continuance of any act or acts in violation of any of the provisions of this section, and if injured thereby, for the recovery
of damages and for the recovery of reasonable attorneys' fees.
If, in such action, the court finds that the defendant is violating or has violated any of the provisions of this section, it
shall enjoin the defendant from a continuance thereof, and it
shall not be necessary that actual damages to the plaintiff be
alleged or proved. In addition to such injunctive relief, the
plaintiff in the action is entitled to recover from the defendant
the amount of the actual damages, if any, sustained by him if
actual damages to the plaintiff are alleged and proved. In any
suit brought to enjoin a violation of this chapter, the prevailing party may be awarded reasonable attorneys' fees, including fees incurred upon appeal. Commencement, pendency, or
conclusion of a civil action for injunction or damages shall
not affect the liability of a person or agency to criminal prosecution for a violation of chapter 10.97 RCW.
(6) Neither the section, its employees, nor any other
agency or employee of the state is liable for defamation, invasion of privacy, negligence, or any other claim in connection
with any dissemination of information pursuant to this section or RCW 43.43.760.
(7) The Washington state patrol may adopt rules and
forms to implement this section and to provide for security
and privacy of information disseminated pursuant hereto,
giving first priority to the criminal justice requirements of
chapter 43.43 RCW. Such rules may include requirements for
users, audits of users, and other procedures to prevent use of
criminal history record information inconsistent with this
section.
(8) Nothing in this section shall authorize an employer to
make an inquiry not otherwise authorized by law, or be construed to affect the policy of the state declared in RCW
9.96A.010, encouraging the employment of ex-offenders.
[1995 c 169 § 1; 1982 c 202 § 1.]
43.43.820
43.43.820 Stale records. Stale records shall be
destroyed in a manner to be prescribed by the chief. [1972
ex.s. c 152 § 25.]
43.43.830
43.43.830 Background checks—Access to children or
vulnerable persons—Definitions. Unless the context
clearly requires otherwise, the definitions in this section
apply throughout RCW 43.43.830 through 43.43.840.
(1) "Applicant" means:
(a) Any prospective employee who will or may have
unsupervised access to children under sixteen years of age or
developmentally disabled persons or vulnerable adults during
the course of his or her employment or involvement with the
business or organization;
(b) Any prospective volunteer who will have regularly
scheduled unsupervised access to children under sixteen
years of age, developmentally disabled persons, or vulnerable
adults during the course of his or her employment or involvement with the business or organization under circumstances
where such access will or may involve groups of (i) five or
fewer children under twelve years of age, (ii) three or fewer
children between twelve and sixteen years of age, (iii) developmentally disabled persons, or (iv) vulnerable adults;
(2004 Ed.)
43.43.830
(c) Any prospective adoptive parent, as defined in RCW
26.33.020; or
(d) Any prospective custodian in a nonparental custody
proceeding under chapter 26.10 RCW.
(2) "Business or organization" means a business or organization licensed in this state, any agency of the state, or other
governmental entity, that educates, trains, treats, supervises,
houses, or provides recreation to developmentally disabled
persons, vulnerable adults, or children under sixteen years of
age, including but not limited to public housing authorities,
school districts, and educational service districts.
(3) "Civil adjudication" means a specific court finding of
sexual abuse or exploitation or physical abuse in a dependency action under RCW 13.34.040 or in a domestic relations
action under Title 26 RCW. In the case of vulnerable adults,
civil adjudication means a specific court finding of abuse or
financial exploitation in a protection proceeding under chapter 74.34 RCW. It does not include administrative proceedings. The term "civil adjudication" is further limited to court
findings that identify as the perpetrator of the abuse a named
individual, over the age of eighteen years, who was a party to
the dependency or dissolution proceeding or was a respondent in a protection proceeding in which the finding was
made and who contested the allegation of abuse or exploitation.
(4) "Conviction record" means "conviction record"
information as defined in RCW 10.97.030(3) relating to a
crime against children or other persons committed by either
an adult or a juvenile. It does not include a conviction for an
offense that has been the subject of an expungement, pardon,
annulment, certificate of rehabilitation, or other equivalent
procedure based on a finding of the rehabilitation of the person convicted, or a conviction that has been the subject of a
pardon, annulment, or other equivalent procedure based on a
finding of innocence. It does include convictions for offenses
for which the defendant received a deferred or suspended
sentence, unless the record has been expunged according to
law.
(5) "Crime against children or other persons" means a
conviction of any of the following offenses: Aggravated
murder; first or second degree murder; first or second degree
kidnaping; first, second, or third degree assault; first, second,
or third degree assault of a child; first, second, or third degree
rape; first, second, or third degree rape of a child; first or second degree robbery; first degree arson; first degree burglary;
first or second degree manslaughter; first or second degree
extortion; indecent liberties; incest; vehicular homicide; first
degree promoting prostitution; communication with a minor;
unlawful imprisonment; simple assault; sexual exploitation
of minors; first or second degree criminal mistreatment;
endangerment with a controlled substance; child abuse or
neglect as defined in RCW 26.44.020; first or second degree
custodial interference; first or second degree custodial sexual
misconduct; malicious harassment; first, second, or third
degree child molestation; first or second degree sexual misconduct with a minor; patronizing a juvenile prostitute; child
abandonment; promoting pornography; selling or distributing
erotic material to a minor; custodial assault; violation of child
abuse restraining order; child buying or selling; prostitution;
felony indecent exposure; criminal abandonment; or any of
these crimes as they may be renamed in the future.
[Title 43 RCW—page 261]
43.43.832
Title 43 RCW: State Government—Executive
(6) "Crimes relating to drugs" means a conviction of a
crime to manufacture, delivery, or possession with intent to
manufacture or deliver a controlled substance.
(7) "Crimes relating to financial exploitation" means a
conviction for first, second, or third degree extortion; first,
second, or third degree theft; first or second degree robbery;
forgery; or any of these crimes as they may be renamed in the
future.
(8) "Disciplinary board final decision" means any final
decision issued by a disciplining authority under chapter
18.130 RCW or the secretary of the department of health for
the following businesses or professions:
(a) Chiropractic;
(b) Dentistry;
(c) Dental hygiene;
(d) Massage;
(e) Midwifery;
(f) Naturopathy;
(g) Osteopathic medicine and surgery;
(h) Physical therapy;
(i) Physicians;
(j) Practical nursing;
(k) Registered nursing; and
(l) Psychology.
"Disciplinary board final decision," for real estate brokers and salespersons, means any final decision issued by the
director of the department of licensing for real estate brokers
and salespersons.
(9) "Unsupervised" means not in the presence of:
(a) Another employee or volunteer from the same business or organization as the applicant; or
(b) Any relative or guardian of any of the children or
developmentally disabled persons or vulnerable adults to
which the applicant has access during the course of his or her
employment or involvement with the business or organization.
(10) "Vulnerable adult" means "vulnerable adult" as
defined in chapter 74.34 RCW, except that for the purposes
of requesting and receiving background checks pursuant to
RCW 43.43.832, it shall also include adults of any age who
lack the functional, mental, or physical ability to care for
themselves.
(11) "Financial exploitation" means the illegal or
improper use of a vulnerable adult or that adult's resources for
another person's profit or advantage.
(12) "Agency" means any person, firm, partnership,
association, corporation, or facility which receives, provides
services to, houses or otherwise cares for vulnerable adults.
[2003 c 105 § 5; 2002 c 229 § 3; 1999 c 45 § 5; 1998 c 10 §
1; 1996 c 178 § 12; 1995 c 250 § 1; 1994 c 108 § 1; 1992 c
145 § 16. Prior: 1990 c 146 § 8; 1990 c 3 § 1101; prior: 1989
c 334 § 1; 1989 c 90 § 1; 1987 c 486 § 1.]
Effective date—2002 c 229: See note following RCW 9A.42.100.
Effective date—1996 c 178: See note following RCW 18.35.110.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
At-risk children volunteer program: RCW 43.150.080.
Developmentally disabled persons: RCW 41.06.475.
State hospitals: RCW 72.23.035.
[Title 43 RCW—page 262]
43.43.832
43.43.832 Background checks—Disclosure of information—Sharing of criminal background information by
health care facilities. (1) The legislature finds that businesses and organizations providing services to children,
developmentally disabled persons, and vulnerable adults
need adequate information to determine which employees or
licensees to hire or engage. The legislature further finds that
many developmentally disabled individuals and vulnerable
adults desire to hire their own employees directly and also
need adequate information to determine which employees or
licensees to hire or engage. Therefore, the Washington state
patrol criminal identification system shall disclose, upon the
request of a business or organization as defined in RCW
43.43.830, a developmentally disabled person, or a vulnerable adult as defined in RCW 43.43.830 or his or her guardian,
an applicant's record for convictions of offenses against children or other persons, convictions for crimes relating to
financial exploitation, but only if the victim was a vulnerable
adult, adjudications of child abuse in a civil action, the issuance of a protection order against the respondent under chapter 74.34 RCW, and disciplinary board final decisions and
any subsequent criminal charges associated with the conduct
that is the subject of the disciplinary board final decision.
(2) The legislature also finds that the state board of education may request of the Washington state patrol criminal
identification system information regarding a certificate
applicant's record for convictions under subsection (1) of this
section.
(3) The legislature also finds that law enforcement agencies, the office of the attorney general, prosecuting authorities, and the department of social and health services may
request this same information to aid in the investigation and
prosecution of child, developmentally disabled person, and
vulnerable adult abuse cases and to protect children and
adults from further incidents of abuse.
(4) The legislature further finds that the department of
social and health services must consider the information
listed in subsection (1) of this section in the following circumstances:
(a) When considering persons for state employment in
positions directly responsible for the supervision, care, or
treatment of children, vulnerable adults, or individuals with
mental illness or developmental disabilities;
(b) When considering persons for state positions involving unsupervised access to vulnerable adults to conduct comprehensive assessments, financial eligibility determinations,
licensing and certification activities, investigations, surveys,
or case management; or for state positions otherwise required
by federal law to meet employment standards;
(c) When licensing agencies or facilities with individuals
in positions directly responsible for the care, supervision, or
treatment of children, developmentally disabled persons, or
vulnerable adults, including but not limited to agencies or
facilities licensed under chapter 74.15 or 18.51 RCW;
(d) When contracting with individuals or businesses or
organizations for the care, supervision, case management, or
treatment of children, developmentally disabled persons, or
vulnerable adults, including but not limited to services contracted for under chapter 18.20, *18.48, 70.127, 70.128,
72.36, or 74.39A RCW or Title 71A RCW;
(2004 Ed.)
Washington State Patrol
(e) When individual providers are paid by the state or
providers are paid by home care agencies to provide in-home
services involving unsupervised access to persons with physical, mental, or developmental disabilities or mental illness,
or to vulnerable adults as defined in chapter 74.34 RCW,
including but not limited to services provided under chapter
74.39 or 74.39A RCW.
(5) Whenever a state conviction record check is required
by state law, persons may be employed or engaged as volunteers or independent contractors on a conditional basis pending completion of the state background investigation. Whenever a national criminal record check through the federal
bureau of investigation is required by state law, a person may
be employed or engaged as a volunteer or independent contractor on a conditional basis pending completion of the
national check. The Washington personnel resources board
shall adopt rules to accomplish the purposes of this subsection as it applies to state employees.
(6)(a) For purposes of facilitating timely access to criminal background information and to reasonably minimize the
number of requests made under this section, recognizing that
certain health care providers change employment frequently,
health care facilities may, upon request from another health
care facility, share copies of completed criminal background
inquiry information.
(b) Completed criminal background inquiry information
may be shared by a willing health care facility only if the following conditions are satisfied: The licensed health care
facility sharing the criminal background inquiry information
is reasonably known to be the person's most recent employer,
no more than twelve months has elapsed from the date the
person was last employed at a licensed health care facility to
the date of their current employment application, and the
criminal background information is no more than two years
old.
(c) If criminal background inquiry information is shared,
the health care facility employing the subject of the inquiry
must require the applicant to sign a disclosure statement indicating that there has been no conviction or finding as
described in RCW 43.43.842 since the completion date of the
most recent criminal background inquiry.
(d) Any health care facility that knows or has reason to
believe that an applicant has or may have a disqualifying conviction or finding as described in RCW 43.43.842, subsequent to the completion date of their most recent criminal
background inquiry, shall be prohibited from relying on the
applicant's previous employer's criminal background inquiry
information. A new criminal background inquiry shall be
requested pursuant to RCW 43.43.830 through 43.43.842.
(e) Health care facilities that share criminal background
inquiry information shall be immune from any claim of defamation, invasion of privacy, negligence, or any other claim in
connection with any dissemination of this information in
accordance with this subsection.
(f) Health care facilities shall transmit and receive the
criminal background inquiry information in a manner that
reasonably protects the subject's rights to privacy and confidentiality.
(g) For the purposes of this subsection, "health care facility" means a nursing home licensed under chapter 18.51
(2004 Ed.)
43.43.834
RCW, a boarding home licensed under chapter 18.20 RCW,
or an adult family home licensed under chapter 70.128 RCW.
(7) If a federal bureau of investigation check is required
in addition to the state background check by the department
of social and health services, an applicant who is not disqualified based on the results of the state background check shall
be eligible for a one hundred twenty day provisional approval
to hire, pending the outcome of the federal bureau of investigation check. The department may extend the provisional
approval until receipt of the federal bureau of investigation
check. If the federal bureau of investigation check disqualifies an applicant, the department shall notify the requestor
that the provisional approval to hire is withdrawn and the
applicant may be terminated. [2000 c 87 § 1; 1997 c 392 §
524; 1995 c 250 § 2; 1993 c 281 § 51; 1990 c 3 § 1102. Prior:
1989 c 334 § 2; 1989 c 90 § 2; 1987 c 486 § 2.]
*Reviser's note: Chapter 18.48 RCW was repealed in its entirety by
2002 c 223 § 2.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Effective date—1993 c 281: See note following RCW 41.06.022.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
43.43.833
43.43.833 Background checks—State immunity. If
information is released under this chapter by the state of
Washington, the state and its employees: (1) Make no representation that the subject of the inquiry has no criminal record
or adverse civil or administrative decisions; (2) make no
determination that the subject of the inquiry is suitable for
involvement with a business or organization; and (3) are not
liable for defamation, invasion of privacy, negligence, or any
other claim in connection with any lawful dissemination of
information. [1997 c 392 § 529.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
43.43.834
43.43.834 Background checks by business, organization, or insurance company—Limitations—Civil liability.
(1) A business or organization shall not make an inquiry to
the Washington state patrol under RCW 43.43.832 or an
equivalent inquiry to a federal law enforcement agency
unless the business or organization has notified the applicant
who has been offered a position as an employee or volunteer,
that an inquiry may be made.
(2) A business or organization shall require each applicant to disclose to the business or organization whether the
applicant has been:
(a) Convicted of any crime against children or other persons;
(b) Convicted of crimes relating to financial exploitation
if the victim was a vulnerable adult;
(c) Convicted of crimes related to drugs as defined in
RCW 43.43.830;
(d) Found in any dependency action under RCW
13.34.040 to have sexually assaulted or exploited any minor
or to have physically abused any minor;
[Title 43 RCW—page 263]
43.43.835
Title 43 RCW: State Government—Executive
(e) Found by a court in a domestic relations proceeding
under Title 26 RCW to have sexually abused or exploited any
minor or to have physically abused any minor;
(f) Found in any disciplinary board final decision to have
sexually or physically abused or exploited any minor or
developmentally disabled person or to have abused or financially exploited any vulnerable adult; or
(g) Found by a court in a protection proceeding under
chapter 74.34 RCW, to have abused or financially exploited a
vulnerable adult.
The disclosure shall be made in writing and signed by
the applicant and sworn under penalty of perjury. The disclosure sheet shall specify all crimes against children or other
persons and all crimes relating to financial exploitation as
defined in RCW 43.43.830 in which the victim was a vulnerable adult.
(3) The business or organization shall pay such reasonable fee for the records check as the state patrol may require
under RCW 43.43.838.
(4) The business or organization shall notify the applicant of the state patrol's response within ten days after receipt
by the business or organization. The employer shall provide a
copy of the response to the applicant and shall notify the
applicant of such availability.
(5) The business or organization shall use this record
only in making the initial employment or engagement decision. Further dissemination or use of the record is prohibited,
except as provided in RCW 28A.320.155. A business or
organization violating this subsection is subject to a civil
action for damages.
(6) An insurance company shall not require a business or
organization to request background information on any
employee before issuing a policy of insurance.
(7) The business and organization shall be immune from
civil liability for failure to request background information
on an applicant unless the failure to do so constitutes gross
negligence. [1999 c 21 § 2; 1998 c 10 § 3; 1990 c 3 § 1103.
Prior: 1989 c 334 § 3; 1989 c 90 § 3; 1987 c 486 § 3.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
43.43.835
43.43.835 Background checks—Drug-related conviction information. For purposes of background checks, convictions for crimes relating to drugs may be used as a tool for
investigation and may be used for any decision regarding the
person's suitability for a position in which the person may
have unsupervised access to children or vulnerable adults.
[1998 c 10 § 2.]
43.43.836
43.43.836 Disclosure to individual of own record—
Fee. An individual may contact the state patrol to ascertain
whether that same individual has a civil adjudication, disciplinary board final decision, or conviction record. The state
patrol shall disclose such information, subject to the fee
established under RCW 43.43.838. [1987 c 486 § 4.]
43.43.838
43.43.838 Record checks—Transcript of conviction
record, disciplinary board decision, criminal charges, or
civil adjudication—Finding of no evidence, identification
document—Immunity—Rules. (1) After January 1, 1988,
[Title 43 RCW—page 264]
and notwithstanding any provision of RCW 43.43.700
through 43.43.810 to the contrary, the state patrol shall furnish a transcript of the conviction record, disciplinary board
final decision and any subsequent criminal charges associated with the conduct that is the subject of the disciplinary
board final decision, or civil adjudication record pertaining to
any person for whom the state patrol or the federal bureau of
investigation has a record upon the written request of:
(a) The subject of the inquiry;
(b) Any business or organization for the purpose of conducting evaluations under RCW 43.43.832;
(c) The department of social and health services;
(d) Any law enforcement agency, prosecuting authority,
or the office of the attorney general; or
(e) The department of social and health services for the
purpose of meeting responsibilities set forth in chapter 74.15,
18.51, 18.20, or 72.23 RCW, or any later-enacted statute
which purpose is to regulate or license a facility which handles vulnerable adults. However, access to conviction records
pursuant to this subsection (1)(e) does not limit or restrict the
ability of the department to obtain additional information
regarding conviction records and pending charges as set forth
in RCW 74.15.030(2)(b).
After processing the request, if the conviction record,
disciplinary board final decision and any subsequent criminal
charges associated with the conduct that is the subject of the
disciplinary board final decision, or adjudication record
shows no evidence of a crime against children or other persons or, in the case of vulnerable adults, no evidence of
crimes relating to financial exploitation in which the victim
was a vulnerable adult, an identification declaring the showing of no evidence shall be issued to the business or organization by the state patrol and shall be issued within fourteen
working days of the request. The business or organization
shall provide a copy of the identification declaring the showing of no evidence to the applicant. Possession of such identification shall satisfy future record check requirements for
the applicant for a two-year period unless the prospective
employee is any current school district employee who has
applied for a position in another school district.
(2) The state patrol shall by rule establish fees for disseminating records under this section to recipients identified
in subsection (1)(a) and (b) of this section. The state patrol
shall also by rule establish fees for disseminating records in
the custody of the national crime information center. The revenue from the fees shall cover, as nearly as practicable, the
direct and indirect costs to the state patrol of disseminating
the records: PROVIDED, That no fee shall be charged to a
nonprofit organization for the records check: PROVIDED
FURTHER, That in the case of record checks using fingerprints requested by school districts and educational service
districts, the state patrol shall charge only for the incremental
costs associated with checking fingerprints in addition to
name and date of birth. Record checks requested by school
districts and educational service districts using only name
and date of birth shall continue to be provided free of charge.
(3) No employee of the state, employee of a business or
organization, or the business or organization is liable for defamation, invasion of privacy, negligence, or any other claim
in connection with any lawful dissemination of information
under RCW 43.43.830 through 43.43.840 or 43.43.760.
(2004 Ed.)
Washington State Patrol
(4) Before July 26, 1987, the state patrol shall adopt rules
and forms to implement this section and to provide for security and privacy of information disseminated under this section, giving first priority to the criminal justice requirements
of this chapter. The rules may include requirements for users,
audits of users, and other procedures to prevent use of civil
adjudication record information or criminal history record
information inconsistent with this chapter.
(5) Nothing in RCW 43.43.830 through 43.43.840 shall
authorize an employer to make an inquiry not specifically
authorized by this chapter, or be construed to affect the policy
of the state declared in chapter 9.96A RCW. [1995 c 29 § 1;
1992 c 159 § 7; 1990 c 3 § 1104. Prior: 1989 c 334 § 4; 1989
c 90 § 4; 1987 c 486 § 5.]
Findings—1992 c 159: See note following RCW 28A.400.303.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
43.43.839
43.43.839 Fingerprint identification account. The
fingerprint identification account is created in the custody of
the state treasurer. All receipts from incremental charges of
fingerprint checks requested for noncriminal justice purposes
and electronic background requests shall be deposited in the
account. Receipts for fingerprint checks by the federal bureau
of investigation may also be deposited in the account. Expenditures from the account may be used only for the cost of
record checks. Only the chief of the state patrol or the chief's
designee may authorize expenditures from the account. The
account is subject to allotment procedures under chapter
43.88 RCW. No appropriation is required for expenditures
prior to July 1, 1997. After June 30, 1997, the account shall
be subject to appropriation. [1995 c 169 § 2; 1992 c 159 § 8.]
Findings—1992 c 159: See note following RCW 28A.400.303.
43.43.840
43.43.840 Notification of physical or sexual abuse or
exploitation of child or vulnerable adult—Notification of
employment termination because of crimes against persons. (1) The supreme court shall by rule require the courts
of the state to notify the state patrol of any dependency action
under RCW 13.34.040, domestic relations action under Title
26 RCW, or protection action under chapter 74.34 RCW, in
which the court makes specific findings of physical abuse or
sexual abuse or exploitation of a child or abuse or financial
exploitation of a vulnerable adult.
(2) The department of licensing shall notify the state
patrol of any disciplinary board final decision that includes
specific findings of physical abuse or sexual abuse or exploitation of a child or abuse or financial exploitation of a vulnerable adult.
(3) When a business or an organization terminates, fires,
dismisses, fails to renew the contract, or permits the resignation of an employee because of crimes against children or
other persons or because of crimes relating to the financial
exploitation of a vulnerable adult, and if that employee is
employed in a position requiring a certificate or license
issued by a licensing agency such as the state board of education, the business or organization shall notify the licensing
agency of such termination of employment. [1997 c 386 §
40. Prior: 1989 c 334 § 5; 1989 c 90 § 5; 1987 c 486 § 6.]
(2004 Ed.)
43.43.842
43.43.842
43.43.842 Vulnerable adults—Additional licensing
requirements for agencies, facilities, and individuals providing services. (1)(a) The secretary of social and health services and the secretary of health shall adopt additional
requirements for the licensure or relicensure of agencies,
facilities, and licensed individuals who provide care and
treatment to vulnerable adults, including nursing pools registered under chapter 18.52C RCW. These additional requirements shall ensure that any person associated with a licensed
agency or facility having unsupervised access with a vulnerable adult shall not have been: (i) Convicted of a crime
against persons as defined in RCW 43.43.830, except as provided in this section; (ii) convicted of crimes relating to
financial exploitation as defined in RCW 43.43.830, except
as provided in this section; (iii) found in any disciplinary
board final decision to have abused a vulnerable adult under
RCW 43.43.830; or (iv) the subject in a protective proceeding under chapter 74.34 RCW.
(b) A person associated with a licensed agency or facility
who has unsupervised access with a vulnerable adult shall
make the disclosures specified in RCW 43.43.834(2). The
person shall make the disclosures in writing, sign, and swear
to the contents under penalty of perjury. The person shall, in
the disclosures, specify all crimes against children or other
persons, all crimes relating to financial exploitation, and all
crimes relating to drugs as defined in RCW 43.43.830, committed by the person.
(2) The rules adopted under this section shall permit the
licensee to consider the criminal history of an applicant for
employment in a licensed facility when the applicant has one
or more convictions for a past offense and:
(a) The offense was simple assault, assault in the fourth
degree, or the same offense as it may be renamed, and three
or more years have passed between the most recent conviction and the date of application for employment;
(b) The offense was prostitution, or the same offense as
it may be renamed, and three or more years have passed
between the most recent conviction and the date of application for employment;
(c) The offense was theft in the third degree, or the same
offense as it may be renamed, and three or more years have
passed between the most recent conviction and the date of
application for employment;
(d) The offense was theft in the second degree, or the
same offense as it may be renamed, and five or more years
have passed between the most recent conviction and the date
of application for employment;
(e) The offense was forgery, or the same offense as it
may be renamed, and five or more years have passed between
the most recent conviction and the date of application for
employment.
The offenses set forth in (a) through (e) of this subsection do not automatically disqualify an applicant from
employment by a licensee. Nothing in this section may be
construed to require the employment of any person against a
licensee's judgment.
(3) In consultation with law enforcement personnel, the
secretary of social and health services and the secretary of
health shall investigate, or cause to be investigated, the conviction record and the protection proceeding record information under this chapter of the staff of each agency or facility
[Title 43 RCW—page 265]
43.43.845
Title 43 RCW: State Government—Executive
under their respective jurisdictions seeking licensure or relicensure. An individual responding to a criminal background
inquiry request from his or her employer or potential
employer shall disclose the information about his or her criminal history under penalty of perjury. The secretaries shall use
the information solely for the purpose of determining eligibility for licensure or relicensure. Criminal justice agencies
shall provide the secretaries such information as they may
have and that the secretaries may require for such purpose.
[1998 c 10 § 4; 1997 c 392 § 518; 1992 c 104 § 1; 1989 c 334
§ 11.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
43.43.845
43.43.845 Crimes against children—Notification of
conviction or guilty plea of school employee. (1) Upon a
guilty plea or conviction of a person of any felony crime
involving the physical neglect of a child under chapter 9A.42
RCW, the physical injury or death of a child under chapter
9A.32 or 9A.36 RCW (except motor vehicle violations under
chapter 46.61 RCW), sexual exploitation of a child under
chapter 9.68A RCW, sexual offenses under chapter 9A.44
RCW where a minor is the victim, promoting prostitution of
a minor under chapter 9A.88 RCW, or the sale or purchase of
a minor child under RCW 9A.64.030, the prosecuting attorney shall determine whether the person holds a certificate or
permit issued under chapters 28A.405 and 28A.410 RCW or
is employed by a school district. If the person is employed by
a school district or holds a certificate or permit issued under
chapters 28A.405 and 28A.410 RCW, the prosecuting attorney shall notify the state patrol of such guilty pleas or convictions.
(2) When the state patrol receives information that a person who has a certificate or permit issued under chapters
28A.405 and 28A.410 RCW or is employed by a school district has pled guilty to or been convicted of one of the felony
crimes under subsection (1) of this section, the state patrol
shall immediately transmit that information to the superintendent of public instruction. It shall be the duty of the superintendent of public instruction to provide this information to
the state board of education and the school district employing
the individual who pled guilty or was convicted of the crimes
identified in subsection (1) of this section. [1990 c 33 § 577;
1989 c 320 § 6.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1989 c 320: See note following RCW 28A.410.090.
engaged in criminal activities in contravention of the laws of
this state or of the United States. [1973 1st ex.s. c 202 § 2.]
43.43.854
43.43.854 Powers and duties of organized crime
intelligence unit. The organized crime intelligence unit shall
collect, evaluate, collate, and analyze data and specific investigative information concerning the existence, structure,
activities and operations of organized crime and the participants involved therein; coordinate such intelligence data into
a centralized system of intelligence information; furnish and
exchange pertinent intelligence data with law enforcement
agencies and prosecutors with such security and confidentiality as the chief of the Washington state patrol may determine;
develop intelligence data concerning the infiltration of organized crime into legitimate businesses within the state of
Washington and furnish pertinent intelligence information
thereon to law enforcement agencies and prosecutors in
affected jurisdictions; and may assist law enforcement agencies and prosecutors in developing evidence for purposes of
criminal prosecution of organized crime activities upon
request. [1973 1st ex.s. c 202 § 3.]
43.43.856
43.43.856 Divulging investigative information prohibited—Confidentiality—Security of records and files.
(1)(a) On and after April 26, 1973, it shall be unlawful for any
person to divulge specific investigative information pertaining to activities related to organized crime which he or she
has obtained by reason of public employment with the state
of Washington or its political subdivisions unless such person
is authorized or required to do so by operation of state or federal law.
(b) Any person violating (a) of this subsection is guilty
of a class B felony punishable according to chapter 9A.20
RCW.
(2) Except as provided in RCW 43.43.854, or pursuant to
the rules of the supreme court of Washington, all of the information and data collected and processed by the organized
crime intelligence unit shall be confidential and not subject to
examination or publication pursuant to chapter 42.17 RCW
(Initiative Measure No. 276).
(3) The chief of the Washington state patrol shall prescribe such standards and procedures relating to the security
of the records and files of the organized crime intelligence
unit, as he or she deems to be in the public interest with the
advice of the governor and the board. [2003 c 53 § 230; 1973
1st ex.s. c 202 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
43.43.850
43.43.850 Organized crime intelligence unit—Created. There is hereby created in the Washington state patrol
an organized crime intelligence unit which shall be under the
direction of the chief of the Washington state patrol. [1973
1st ex.s. c 202 § 1.]
43.43.852
43.43.852 "Organized crime" defined. For the purposes of RCW 43.43.850 through 43.43.864 "organized
crime" means those activities which are conducted and carried on by members of an organized, disciplined association,
engaged in supplying illegal goods and services and/or
[Title 43 RCW—page 266]
43.43.858
43.43.858 Organized crime advisory board—Created—Membership—Meetings—Travel expenses. There
is hereby created the organized crime advisory board of the
state of Washington. The board shall consist of fourteen voting and two nonvoting members.
The lieutenant governor shall appoint four members of
the senate to the board, no more than two of whom shall be
from the same political party.
The governor shall appoint six members to the board.
Two members shall be county prosecuting attorneys and shall
be appointed from a list of four county prosecutors agreed
(2004 Ed.)
Washington State Patrol
upon and submitted to the governor by the elected county
prosecutors. One member shall be a municipal police chief,
and one member shall be a county sheriff, both of whom shall
be appointed from a list of three police chiefs and three sheriffs agreed upon and submitted to the governor by the association of sheriffs and police chiefs (RCW 36.28A.010). One
member shall be a retired judge of a court of record. One
member shall be the secretary of corrections or the secretary's
designee.
The United States attorneys for the western and eastern
districts of Washington shall be requested to serve on the
board as nonvoting members and shall not be eligible to serve
as chairperson.
The speaker of the house shall appoint four members of
the house of representatives to the board, no more than two of
whom shall be from the same political party.
The members of the board shall be qualified on the basis
of knowledge and experience in matters relating to crime prevention and security or with such other abilities as may be
expected to contribute to the effective performance of the
board's duties. The members of the board shall meet with the
chief of the Washington state patrol at least four times a year
to perform the duties enumerated in RCW 43.43.862 and to
discuss any other matters related to organized crime. Additional meetings of the board may be convened at the call of
the chairperson or by a majority of the members. The board
shall elect its own chairperson from among its members. Legislative members shall receive reimbursement for travel
expenses incurred in the performance of their duties in accordance with RCW 44.04.120, and the other members in accordance with RCW 43.03.050 and 43.03.060. [2000 c 38 § 1;
1987 c 65 § 1; 1980 c 146 § 14; 1975-'76 2nd ex.s. c 34 § 115;
1973 1st ex.s. c 202 § 5.]
Severability—1980 c 146: See RCW 10.29.900.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Statewide special inquiry judge act: Chapter 10.29 RCW.
43.43.860
43.43.860 Organized crime advisory board—Terms
of members. The term of each legislative member shall be
two years and shall be conditioned upon such member retaining membership in the legislature and in the same political
party of which he was a member at the time of appointment.
The term of each nonlegislative member shall be two
years and shall be conditioned upon such member retaining
the official position from which he was appointed. [1987 c
65 § 2; 1980 c 146 § 15; 1973 1st ex.s. c 202 § 6.]
Severability—1980 c 146: See RCW 10.29.900.
43.43.862
43.43.862 Organized crime advisory board—Powers
and duties. The board shall:
(1) Advise the governor on the objectives, conduct, management, and coordination of the various activities encompassing the overall statewide organized crime intelligence
effort;
(2) Conduct a continuing review and assessment of organized crime and related activities in which the organized
crime intelligence unit of the Washington state patrol is
engaged;
(2004 Ed.)
43.43.880
(3) Receive, consider and take appropriate action with
respect to matters related to the board by the organized crime
intelligence unit of the Washington state patrol in which the
support of the board will further the effectiveness of the statewide organized crime intelligence effort; and
(4) Report to the governor concerning the board's findings and appraisals, and make appropriate recommendations
for actions to achieve increased effectiveness of the state's
organized crime intelligence effort in meeting state and
national organized crime intelligence needs. [1973 1st ex.s. c
202 § 7.]
43.43.864
43.43.864 Information to be furnished board—Security—Confidentiality. In order to facilitate performance of
the board's functions, the chief of the Washington state patrol
shall make available to the board all information with respect
to organized crime and related matters which the board may
require for the purpose of carrying out its responsibilities to
the governor in accordance with the provisions of RCW
43.43.850 through 43.43.864. Such information made available to the board shall be given all necessary security protection in accordance with the terms and provisions of applicable laws and regulations and shall not be revealed or divulged
publicly or privately by members of the board. [1973 1st
ex.s. c 202 § 8.]
43.43.866
43.43.866 Organized crime prosecution revolving
fund. There shall be a fund known as the organized crime
prosecution revolving fund which shall consist of such moneys as may be appropriated by law. The state treasurer shall
be custodian of the revolving fund. Disbursements from the
revolving fund shall be subject to budget approval given by
the organized crime advisory board pursuant to RCW
10.29.090, and may be made either on authorization of the
governor or the governor's designee, or upon request of a
majority of the members of the organized crime advisory
board. In order to maintain an effective expenditure and revenue control, the organized crime prosecution revolving fund
shall be subject in all respects to chapter 43.88 RCW but no
appropriation shall be required to permit expenditures and
payment of obligations from the fund. [1980 c 146 § 16.]
Severability—1980 c 146: See RCW 10.29.900.
43.43.870
43.43.870 Missing children clearinghouse and hot
line, duties of state patrol. See chapter 13.60 RCW.
43.43.880
43.43.880 Agreements with contiguous states—
Jointly occupied ports of entry—Collection of fees and
taxes. The Washington state patrol may negotiate and enter
into bilateral agreements with designated representatives of
contiguous states. Agreements may provide for the manning
and operation of jointly occupied ports of entry, for the collection of highway user fees, registration fees, and taxes that
may be required by statute or rule. Agreements may further
provide for the collection of these fees and taxes by either
party state at jointly occupied ports of entry before authorization is given for vehicles to legally operate within that state or
jurisdiction, and for the enforcement of safety, size, and
weight statutes or rules of the respective states. [1988 c 21 §
1.]
[Title 43 RCW—page 267]
43.43.900
Title 43 RCW: State Government—Executive
43.43.900
43.43.900 Severability—1969 c 12. If any provision of
this chapter or its application to any person or circumstance is
held invalid the remainder of the chapter, or its application of
the provision to any other person or circumstances is not
affected. [1969 c 12 § 9.]
43.43.910
43.43.910 Severability—1972 ex.s. c 152. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1972 ex.s. c 152 § 22.]
43.43.911
43.43.911 Severability—1973 1st ex.s. c 202. If any
provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1973 1st ex.s. c 202 § 9.]
43.43.930
43.43.930 State fire protection services—Intent. The
legislature finds that fire protection services at the state level
are provided by different, independent state agencies. This
has resulted in a lack of a comprehensive state-level focus for
state fire protection services, funding, and policy. The legislature further finds that the paramount duty of the state in fire
protection services is to enhance the capacity of all local
jurisdictions to assure that their personnel with fire suppression, prevention, inspection, origin and cause, and arson
investigation responsibilities are adequately trained to discharge their responsibilities. It is the intent of the legislature
to consolidate fire protection services into a single state
agency and to create a state board with the responsibility of
(1) establishing a comprehensive state policy regarding fire
protection services and (2) advising the chief of the Washington state patrol and the director of fire protection on matters
relating to their duties under state law. It is also the intent of
the legislature that the fire protection services program created herein will assist local fire protection agencies in program development without encroaching upon their historic
autonomy. It is the further intent of the legislature that the fire
protection services program be implemented incrementally to
assure a smooth transition, to build local, regional, and state
capacity, and to avoid undue burdens on jurisdictions with
limited resources. [1995 c 369 § 14; 1993 c 280 § 68; 1986 c
266 § 54. Formerly RCW 43.63A.300.]
Application—1995 c 369: "This act does not apply to forest fire service personnel and programs." [1995 c 369 § 70.]
Effective date—1995 c 369: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 369 § 72.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Severability—1986 c 266: See note following RCW 38.52.005.
State fire protection: Chapter 48.48 RCW.
43.43.932
43.43.932 State fire protection policy board—Created—Members. There is created the state fire protection
policy board consisting of eight members appointed by the
governor:
(1) One representative of fire chiefs;
(2) One insurance industry representative;
[Title 43 RCW—page 268]
(3) One representative of cities and towns;
(4) One representative of counties;
(5) One full-time, paid, career fire fighter;
(6) One volunteer fire fighter;
(7) One representative of fire commissioners; and
(8) One representative of fire control programs of the
department of natural resources.
In making the appointments required under subsections
(1) through (7) [(8)] of this section, the governor shall (a)
seek the advice of and consult with organizations involved in
fire protection; and (b) ensure that racial minorities, women,
and persons with disabilities are represented.
The terms of the appointed members of the board shall
be three years and until a successor is appointed and qualified. However, initial board members shall be appointed as
follows: Three members to terms of one year, three members
to terms of two years, and four members to terms of three
years. In the case of a vacancy of a member appointed under
subsections (1) through (7) [(8)] of this section, the governor
shall appoint a new representative to fill the unexpired term
of the member whose office has become vacant. A vacancy
shall occur whenever an appointed member ceases to be
employed in the occupation the member was appointed to
represent. The members of the board appointed pursuant to
subsections (1) and (5) of this section and holding office on
July 1, 1995, shall serve the remainder of their terms, and the
reduction of the board required by section 15, chapter 369,
Laws of 1995, shall occur upon the expiration of their terms.
The appointed members of the board shall be reimbursed
for travel expenses under RCW 43.03.050 and 43.03.060.
The board shall select its own chairperson and shall meet
at the request of the governor or the chairperson and at least
four times per year. [1995 c 369 § 15; 1986 c 266 § 55. Formerly RCW 43.63A.310.]
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
43.43.934 State fire protection policy board—
Duties—Fire training and education master plan—Fire
protection master plan. Except for matters relating to the
statutory duties of the chief of the Washington state patrol
that are to be carried out through the director of fire protection, the board shall have the responsibility of developing a
comprehensive state policy regarding fire protection services.
In carrying out its duties, the board shall:
(1)(a) Adopt a state fire training and education master
plan that allows to the maximum feasible extent for negotiated agreements: (i) With the state board for community and
technical colleges to provide academic, vocational, and field
training programs for the fire service and (ii) with the higher
education coordinating board and the state colleges and universities to provide instructional programs requiring
advanced training, especially in command and management
skills;
(b) Adopt minimum standards for each level of responsibility among personnel with fire suppression, prevention,
inspection, and investigation responsibilities that assure continuing assessment of skills and are flexible enough to meet
emerging technologies. With particular respect to training
for fire investigations, the master plan shall encourage cross
43.43.934
(2004 Ed.)
Washington State Patrol
training in appropriate law enforcement skills. To meet special local needs, fire agencies may adopt more stringent
requirements than those adopted by the state;
(c) Cooperate with the common schools, technical and
community colleges, institutions of higher education, and any
department or division of the state, or of any county or
municipal corporation in establishing and maintaining
instruction in fire service training and education in accordance with any act of congress and legislation enacted by the
legislature in pursuance thereof and in establishing, building,
and operating training and education facilities.
Industrial fire departments and private fire investigators
may participate in training and education programs under this
chapter for a reasonable fee established by rule;
(d) Develop and adopt a master plan for constructing,
equipping, maintaining, and operating necessary fire service
training and education facilities subject to the provisions of
chapter 43.19 RCW;
(e) Develop and adopt a master plan for the purchase,
lease, or other acquisition of real estate necessary for fire service training and education facilities in a manner provided by
law; and
(f) Develop and adopt a plan with a goal of providing fire
fighter one and wildland training, as defined by the board, to
all fire fighters in the state. Wildland training reimbursement
will be provided if a fire protection district or a city fire
department has and is fulfilling their interior attack policy or
if they do not have an interior attack policy. The plan will
include a reimbursement for fire protection districts and city
fire departments of not less than three dollars for every hour
of fire fighter one or wildland training. The Washington state
patrol shall not provide reimbursement for more than two
hundred hours of fire fighter one or wildland training for each
fire fighter trained.
(2) In addition to its responsibilities for fire service training, the board shall:
(a) Adopt a state fire protection master plan;
(b) Monitor fire protection in the state and develop
objectives and priorities to improve fire protection for the
state's citizens including: (i) The comprehensiveness of state
and local inspections required by law for fire and life safety;
(ii) the level of skills and training of inspectors, as well as
needs for additional training; and (iii) the efforts of local,
regional, and state inspection agencies to improve coordination and reduce duplication among inspection efforts;
(c) Establish and promote state arson control programs
and ensure development of local arson control programs;
(d) Provide representation for local fire protection services to the governor in state-level fire protection planning
matters such as, but not limited to, hazardous materials control;
(e) Recommend to the adjutant general rules on minimum information requirements of automatic location identification for the purposes of enhanced 911 emergency service;
(f) Seek and solicit grants, gifts, bequests, devises, and
matching funds for use in furthering the objectives and duties
of the board, and establish procedures for administering
them;
(g) Promote mutual aid and disaster planning for fire services in this state;
(2004 Ed.)
43.43.938
(h) Assure the dissemination of information concerning
the amount of fire damage including that damage caused by
arson, and its causes and prevention; and
(i) Implement any legislation enacted by the legislature
to meet the requirements of any acts of congress that apply to
this section.
(3) In carrying out its statutory duties, the board shall
give particular consideration to the appropriate roles to be
played by the state and by local jurisdictions with fire protection responsibilities. Any determinations on the division of
responsibility shall be made in consultation with local fire
officials and their representatives.
To the extent possible, the board shall encourage development of regional units along compatible geographic, population, economic, and fire risk dimensions. Such regional
units may serve to: (a) Reinforce coordination among state
and local activities in fire service training, reporting, inspections, and investigations; (b) identify areas of special need,
particularly in smaller jurisdictions with inadequate
resources; (c) assist the state in its oversight responsibilities;
(d) identify funding needs and options at both the state and
local levels; and (e) provide models for building local capacity in fire protection programs. [2003 c 316 § 1. Prior: 1999
c 117 § 1; 1999 c 24 § 3; 1998 c 245 § 65; prior: 1995 c 369
§ 16; 1995 c 243 § 11; 1993 c 280 § 69; 1986 c 266 § 56. Formerly RCW 43.63A.320.]
Findings—1999 c 24: See note following RCW 38.52.505.
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Effective date—1995 c 243 § 11: "Section 11 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take
effect July 1, 1995." [1995 c 243 § 13.]
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Severability—1986 c 266: See note following RCW 38.52.005.
43.43.936
43.43.936 State fire protection policy board—Advisory duties. In regards to the statutory duties of the chief of
the Washington state patrol that are to be carried out through
the director of fire protection, the board shall serve in an advisory capacity in order to enhance the continuity of state fire
protection services. In this capacity, the board shall:
(1) Advise the chief of the Washington state patrol and
the director of fire protection on matters pertaining to their
duties under law; and
(2) Advise the chief of the Washington state patrol and
the director of fire protection on all budgeting and fiscal matters pertaining to the duties of the director of fire protection
and the board. [1995 c 369 § 17; 1993 c 280 § 70; 1986 c 266
§ 57. Formerly RCW 43.63A.330.]
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Severability—1986 c 266: See note following RCW 38.52.005.
43.43.938
43.43.938 Director of fire protection—Appointment—Duties. (1) Wherever the term state fire marshal
[Title 43 RCW—page 269]
43.43.940
Title 43 RCW: State Government—Executive
appears in the Revised Code of Washington or the Washington Administrative Code it shall mean the director of fire protection.
(2) The chief of the Washington state patrol shall appoint
an officer who shall be known as the director of fire protection. The board, after consulting with the chief of the Washington state patrol, shall prescribe qualifications for the position of director of fire protection. The board shall submit to
the chief of the Washington state patrol a list containing the
names of three persons whom the board believes meet its
qualifications. If requested by the chief of the Washington
state patrol, the board shall submit one additional list of three
persons whom the board believes meet its qualifications. The
appointment shall be from one of the lists of persons submitted by the board.
(3) The director of fire protection may designate one or
more deputies and may delegate to those deputies his or her
duties and authorities as deemed appropriate.
(4) The director of fire protection, in accordance with the
policies, objectives, and priorities of the fire protection policy
board, shall prepare a biennial budget pertaining to fire protection services. Such biennial budget shall be submitted as
part of the Washington state patrol's budget request.
(5) The director of fire protection, shall implement and
administer, within constraints established by budgeted
resources, the policies, objectives, and priorities of the board
and all duties of the chief of the Washington state patrol that
are to be carried out through the director of fire protection.
Such administration shall include negotiation of agreements
with the state board for community and technical colleges,
the higher education coordinating board, and the state colleges and universities as provided in *RCW 43.63A.320. Programs covered by such agreements shall include, but not be
limited to, planning curricula, developing and delivering
instructional programs and materials, and using existing
instructional personnel and facilities. Where appropriate,
such contracts shall also include planning and conducting
instructional programs at the state fire service training center.
(6) The chief of the Washington state patrol, through the
director of fire protection, shall seek the advice of the board
in carrying out his or her duties under law. [1995 c 369 § 18;
1993 c 280 § 71; 1986 c 266 § 58. Formerly RCW
43.63A.340.]
*Reviser's note: RCW 43.63A.320 was recodified as RCW 43.43.934
pursuant to 1995 c 369 § 69, effective July 1, 1995.
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Severability—1986 c 266: See note following RCW 38.52.005.
43.43.940
43.43.940 Fire service training program—Grants
and bequests. The Washington state patrol may accept any
and all donations, grants, bequests, and devises, conditional
or otherwise, or money, property, service, or other things of
value which may be received from the United States or any
agency thereof, any governmental agency, any institution,
person, firm, or corporation, public and private, to be held,
used, or applied for the purposes of the fire service training
program established in RCW 43.43.934. [1995 c 369 § 19;
1986 c 266 § 59. Formerly RCW 43.63A.350.]
[Title 43 RCW—page 270]
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
43.43.942
43.43.942 Fire service training—Fees and fee schedules. The Washington state patrol may: (1) Impose and collect fees for fire service training; and (2) establish and set fee
schedules for fire service training. [1995 c 369 § 20; 1986 c
266 § 60. Formerly RCW 43.63A.360.]
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
43.43.944
43.43.944 Fire service training account. (1) The fire
service training account is hereby established in the state
treasury. The fund shall consist of:
(a) All fees received by the Washington state patrol for
fire service training;
(b) All grants and bequests accepted by the Washington
state patrol under RCW 43.43.940; and
(c) Twenty percent of all moneys received by the state on
fire insurance premiums.
(2) Moneys in the account may be appropriated only for
fire service training. During the 2003-2005 fiscal biennium,
the legislature may appropriate funds from this account for
school fire prevention activities within the Washington state
patrol. [2003 1st sp.s. c 25 § 919; 1999 c 117 § 2; 1995 c 369
§ 21; 1986 c 266 § 61. Formerly RCW 43.63A.370.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
43.43.946
43.43.946 Fire services trust fund. The fire services
trust fund is created in the state treasury. All receipts designated by the legislature shall be deposited in the fund. Appropriations from the fund may be made exclusively for the purposes specified in *RCW 43.63A.377. [1991 c 135 § 2. Formerly RCW 43.63A.375.]
*Reviser's note: RCW 43.63A.377 was recodified as RCW 43.43.948
pursuant to 1995 c 369 § 69, effective July 1, 1995.
Intent—1991 c 135: "It is necessary for the health, safety, and welfare
of the people of the state of Washington that fire code enforcement, public
education on fire prevention, fire training for fire and emergency response
personnel, and administration of these activities be funded in a dependable
manner. It is therefore the intent of the legislature to establish a fund for these
purposes." [1991 c 135 § 1.]
Effective date—1991 c 135: "This act is necessary for the preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and shall take effect July 1, 1991." [1991 c
135 § 8.]
Severability—1991 c 135: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1991 c 135 § 9.]
43.43.948
43.43.948 Fire services trust fund—Expenditures.
Money from the fire services trust fund may be expended for
the following purposes:
(1) Training of fire service personnel, including both
classroom and hands-on training at the state fire training center or other locations approved by the chief of the Washing(2004 Ed.)
Washington State Patrol
ton state patrol through the director of fire protection services;
(2) Maintenance and operation at the state's fire training
center near North Bend. If in the future the state builds or
leases other facilities as other fire training centers, a portion
of these moneys may be used for the maintenance and operation at these centers;
(3) Lease or purchase of equipment for use in the provisions of training to fire service personnel;
(4) Grants or subsidies to local jurisdictions to allow
them to perform their functions under this section;
(5) Costs of administering these programs under this section;
(6) Licensing and enforcement of state laws governing
the sales of fireworks; and
(7) Development with the legal fireworks industry and
funding of a statewide public education program for fireworks safety. [1995 c 369 § 22; 1991 c 135 § 3. Formerly
RCW 43.63A.377.]
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
Intent—Effective date—Severability—1991 c 135: See notes following RCW 43.43.946.
43.43.950
43.43.950 Fire service training center bond retirement account of 1977. The state fire service training center
bond retirement account of 1977 is hereby reestablished as an
account within the treasury for the purpose of the payment of
the principal of and interest on the bonds authorized to be
issued pursuant to chapter 349, Laws of 1977 ex. sess., or
chapter 470, Laws of 1985 or, if the legislature so determines,
for any bonds and notes hereafter authorized and issued for
the commission for vocational education or the statutory successor to its powers and duties involving the state fire training
center.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on such
bonds. The state treasurer shall withdraw from any general
state revenues received in the state treasury and deposit in the
state general obligation bond retirement fund such amounts
and at such times as are required by the bond proceedings.
[1991 sp.s. c 13 § 79. Formerly RCW 43.63A.380.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
43.43.952
43.43.952 Arson investigation information system—
Findings—Intent. (1) The legislature finds that provisions
for information systems relating to statistics and reporting for
fire prevention, suppression, and damage control do not adequately address the needs of ongoing investigations of fire
incidents where the cause is suspected or determined to be the
result of negligence or otherwise suggestive of some criminal
activity, particularly that of arson. It is the intent of the legislature to establish an information and reporting system
designed specifically to assist state and local officers in conducting such investigations and, where substantiated, to
undertake prosecution of individuals suspected of such activities.
(2004 Ed.)
43.43.960
(2)(a) In addition to the information provided by local
officials about the cause, origin, and extent of loss in fires
under chapter 48.48 RCW, there is hereby created the state
arson investigation information system in the Washington
state patrol.
(b) The chief of the Washington state patrol shall
develop the arson investigation information system in consultation with representatives of the various state and local officials charged with investigating fires resulting from suspicious or criminal activities under chapter 48.48 RCW and of
the insurance industry.
(c) The arson investigation information system shall be
designed to include at least the following attributes: (i) The
information gathered and reported shall meet the diverse
needs of state and local investigating agencies; (ii) the forms
and reports are drafted in understandable terms of common
usage; and (iii) the results shall be adaptable to the varying
levels of available resources, maintained in a manner to foster
data sharing and mutual aid activities, and made available to
other law enforcement agencies responsible for criminal
investigations.
(d) All insurers required to report claim information
under the provisions of chapter 48.50 RCW shall cooperate
fully with any requests from the chief of the Washington state
patrol in developing and maintaining the arson investigation
information system. The confidentiality provisions of that
chapter shall be fully enforced. [1995 c 369 § 64.]
Reviser's note: 1995 c 369 directed that this section be added to chapter 43.10 RCW. This section has been codified in chapter 43.43 RCW, which
relates more directly to the functions of the chief of the Washington state
patrol with regard to fire protection.
Application—Effective date—1995 c 369: See notes following RCW
43.43.930.
"STATE FIRE SERVICE MOBILIZATION"
43.43.960
43.43.960 State fire service mobilization—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this subchapter.
(1) "Chief" means the chief of the Washington state
patrol.
(2) "State fire marshal" means the director of fire protection in the Washington state patrol.
(3) "Fire chief" includes the chief officer of a statutorily
authorized fire agency, or the fire chief's authorized representative. Also included are the department of natural resources
fire control chief, and the department of natural resources
regional managers.
(4) "Jurisdiction" means state, county, city, fire district,
or port district fire fighting units, or other units covered by
this chapter.
(5) "Mobilization" means that fire fighting resources
beyond those available through existing agreements will be
requested and, when available, sent in response to an emergency or disaster situation that has exceeded the capabilities
of available local resources. During a large scale emergency,
mobilization includes the redistribution of regional or statewide fire fighting resources to either direct emergency incident assignments or to assignment in communities where fire
fighting resources are needed.
[Title 43 RCW—page 271]
43.43.961
Title 43 RCW: State Government—Executive
When mobilization is declared and authorized as provided in this chapter, all fire fighting resources including
those of the host fire protection authorities, i.e. incident jurisdiction, shall be deemed as mobilized under this chapter,
including those that responded earlier under existing mutual
aid or other agreement. All nonhost fire protection authorities providing fire fighting resources in response to a mobilization declaration shall be eligible for expense reimbursement as provided by this chapter from the time of the mobilization declaration.
This chapter shall not reduce or suspend the authority or
responsibility of the department of natural resources under
chapter 76.04 RCW.
(6) "Mutual aid" means emergency interagency assistance provided without compensation under an agreement
between jurisdictions under chapter 39.34 RCW. [2003 c
405 § 1; 1997 c 49 § 8. Prior: 1995 c 391 § 5; 1995 c 369 §
10; 1992 c 117 § 9. Formerly RCW 38.54.010.]
Effective date—1995 c 391: See note following RCW 38.52.005.
Effective date—1995 c 369: See note following RCW 43.43.930.
Findings—1992 c 117: See note following RCW 35.21.775.
43.43.961
43.43.961 State fire service mobilization—Legislative declaration and intent. Because of the possibility of
the occurrence of disastrous fires or other disasters of unprecedented size and destructiveness, the need to insure that the
state is adequately prepared to respond to such a fire or disaster, the need to establish a mechanism and a procedure to provide for reimbursement to state agencies and local fire fighting agencies that respond to help others in time of need or to
a host fire district that experiences expenses beyond the
resources of the fire district, and generally to protect the public peace, health, safety, lives, and property of the people of
Washington, it is hereby declared necessary to:
(1) Provide the policy and organizational structure for
large scale mobilization of fire fighting resources in the state
through creation of the Washington state fire services mobilization plan;
(2) Confer upon the chief the powers provided herein;
(3) Provide a means for reimbursement to state agencies
and local fire jurisdictions that incur expenses when mobilized by the chief under the Washington state fire services
mobilization plan; and
(4) Provide for reimbursement of the host fire department or fire protection district when it has: (a) Exhausted all
of its resources; and (b) invoked its local mutual aid network
and exhausted those resources. Upon implementation of state
fire mobilization, the host district resources shall become
state fire mobilization resources consistent with the fire
mobilization plan.
It is the intent of the legislature that mutual aid and other
interlocal agreements providing for enhanced emergency
response be encouraged as essential to the public peace,
safety, health, and welfare, and for the protection of the lives
and property of the people of the state of Washington. If possible, mutual aid agreements should be without stated limitations as to resources available, time, or area. Nothing in this
chapter shall be construed or interpreted to limit the eligibility of any nonhost fire protection authority for reimbursement
of expenses incurred in providing fire fighting resources for
[Title 43 RCW—page 272]
mobilization. [2003 c 405 § 2; 1997 c 49 § 9; 1995 c 391 § 6;
1992 c 117 § 10. Formerly RCW 38.54.020.]
Effective date—1995 c 391: See note following RCW 38.52.005.
Findings—1992 c 117: See note following RCW 35.21.775.
43.43.962
43.43.962 State fire service mobilization—State fire
protection policy board—State fire services mobilization
plan—State fire resources coordinator. The state fire protection policy board shall review and make recommendations
to the chief on the refinement and maintenance of the Washington state fire services mobilization plan, which shall
include the procedures to be used during fire and other emergencies for coordinating local, regional, and state fire jurisdiction resources. In carrying out this duty, the fire protection policy board shall consult with and solicit recommendations from representatives of state and local fire and
emergency management organizations, regional fire defense
boards, and the department of natural resources. The Washington state fire services mobilization plan shall be consistent
with, and made part of, the Washington state comprehensive
emergency management plan. The chief shall review the fire
services mobilization plan as submitted by the fire protection
policy board, recommend changes that may be necessary, and
approve the fire services mobilization plan for inclusion
within the state comprehensive emergency management plan.
It is the responsibility of the chief to mobilize jurisdictions under the Washington state fire services mobilization
plan. The state fire marshal shall serve as the state fire
resources coordinator when the Washington state fire services mobilization plan is mobilized. [2003 c 405 § 3; 1997
c 49 § 10; 1995 c 269 § 1101; 1992 c 117 § 11. Formerly
RCW 38.54.030.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
Findings—1992 c 117: See note following RCW 35.21.775.
43.43.963
43.43.963 State fire service mobilization—Regional
fire defense boards—Regional fire service plans—
Regions established. Regions within the state are initially
established as follows but may be adjusted as necessary by
the state fire marshal:
(1) Northwest region - Whatcom, Skagit, Snohomish,
San Juan, and Island counties;
(2) Northeast region - Okanogan, Ferry, Stevens, Pend
Oreille, Spokane, and Lincoln counties;
(3) Olympic region - Clallam and Jefferson counties;
(4) South Puget Sound region - Kitsap, Mason, King,
and Pierce counties;
(5) Southeast region - Chelan, Douglas, Kittitas, Grant,
Adams, Whitman, Yakima, Klickitat, Benton, Franklin,
Walla Walla, Columbia, Garfield, and Asotin counties;
(6) Central region - Grays Harbor, Thurston, Pacific, and
Lewis counties; and
(7) Southwest region - Wahkiakum, Cowlitz, Clark, and
Skamania counties.
Within each of these regions there is created a regional
fire defense board. The regional fire defense boards shall
consist of two members from each county in the region. One
member from each county shall be appointed by the county
(2004 Ed.)
Washington State Patrol
fire chiefs' association or, in the event there is no such county
association, by the county's legislative authority. Each
county's office of emergency management or, in the event
there is no such office, the county's legislative authority shall
select the second representative to the regional board. The
department of natural resources fire control chief shall
appoint a representative from each department of natural
resources region to serve as a member of the appropriate
regional fire defense board. Members of each regional board
will select a chairperson and secretary as officers. Members
serving on the regional boards do so in a voluntary capacity
and are not eligible for reimbursement for meeting-related
expenses from the state.
Regional defense boards shall develop regional fire service plans that include provisions for organized fire agencies
to respond across municipal, county, or regional boundaries.
Each regional plan shall be consistent with the incident command system, the Washington state fire services mobilization
plan, and regional response plans already adopted and in use
in the state. The regional boards shall work with the relevant
local government entities to facilitate development of intergovernmental agreements if any such agreements are
required to implement a regional fire service plan. Each
regional plan shall be approved by the fire protection policy
board before implementation. [1997 c 49 § 11; 1992 c 117 §
12. Formerly RCW 38.54.040.]
Findings—1992 c 117: See note following RCW 35.21.775.
43.43.964
43.43.964 State fire service mobilization—Development of reimbursement procedures. The Washington state
patrol in consultation with the office of financial management and the Washington military department shall develop
procedures to facilitate reimbursement to state agencies and
jurisdictions from appropriate federal and state funds when
state agencies and jurisdictions are mobilized by the chief
under the Washington state fire services mobilization plan.
The Washington state patrol shall ensure that these procedures provide reimbursement to the host district in as timely
a manner as possible. [2003 c 405 § 4; 1997 c 49 § 12; 1995
c 391 § 7; 1992 c 117 § 13. Formerly RCW 38.54.050.]
Effective date—1995 c 391: See note following RCW 38.52.005.
Findings—1992 c 117: See note following RCW 35.21.775.
43.43.970
43.43.970 Law enforcement mobilization—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agency" means any general purpose law enforcement agency as defined in RCW 10.93.020.
(2) "Board" means the state law enforcement mobilization policy board.
(3) "Chief" means the chief of the Washington state
patrol.
(4) "Chief law enforcement officer" means the chief of
police or sheriff responsible for law enforcement services in
the jurisdiction in which the emergency is occurring.
(5) "General authority Washington peace officer" means
a general authority Washington peace officer as defined in
RCW 10.93.020.
(2004 Ed.)
43.43.971
(6) "Host agency" means the law enforcement agency
that requests statewide mobilization under RCW 43.43.970
through 43.43.975.
(7) "Mobilization" means a redistribution of regional and
statewide law enforcement resources in response to an emergency or disaster situation.
(8) "Mutual aid" means emergency interagency assistance provided without compensation pursuant to an agreement under chapter 39.34 RCW.
(9) "Resource coordination" means the effort to locate
and arrange for the delivery of resources needed by chief law
enforcement officers.
(10) "State law enforcement resource coordinator"
means a designated individual or agency selected by the chief
to perform the responsibilities of that position. [2003 c 405 §
6.]
Legislative declaration and intent—2003 c 405: "(1) Because of the
possibility of a disaster of unprecedented size and destruction, including acts
of domestic terrorism and civil unrest, that requires law enforcement
response for the protection of persons or property and preservation of the
peace, the need exists to ensure that the state is adequately prepared to
respond to such an incident. There is a need to (a) establish a mechanism and
a procedure to provide for reimbursement to law enforcement agencies that
respond to help others in time of need, and to host law enforcement agencies
that experience expenses beyond the resources of the agencies; and (b) generally to protect the public safety, peace, health, lives, and property of the
people of Washington.
(2) It is hereby declared necessary to:
(a) Provide the policy and organizational structure for large-scale
mobilization of law enforcement resources in the state, using the incident
command system, through creation of the Washington state law enforcement
mobilization plan;
(b) Confer upon the chief of the Washington state patrol the powers
provided in this chapter;
(c) Provide a means for reimbursement to law enforcement jurisdictions that incur expenses when mobilized by the chief under the Washington
state law enforcement mobilization plan; and
(d) Provide for reimbursement of the host law enforcement agency
when it has:
(i) Exhausted all of its resources; and
(ii) Invoked its local mutual aid network and exhausted those
resources." [2003 c 405 § 5.]
43.43.971
43.43.971 Law enforcement mobilization—State law
enforcement mobilization policy board—State law
enforcement mobilization plan. (1) The state law enforcement mobilization policy board shall be established by the
chief and shall have representatives from each of the regions
established in RCW 43.43.974. In carrying out its duty, the
board shall consult with and solicit recommendations from
representatives of the state and local law enforcement and
emergency management organizations, and regional law
enforcement mobilization committees.
(2) The board shall establish and make recommendations
to the chief on the refinement and maintenance of the Washington state law enforcement mobilization plan, including the
procedures to be used during an emergency or disaster
response requiring coordination of local, regional, and state
law enforcement resources.
(3) The chief shall review the Washington state law
enforcement mobilization plan, as submitted by the board,
recommend changes as necessary, and may approve the plan.
The plan shall be consistent with the Washington state comprehensive emergency management plan. The chief may recommend the plan for inclusion within the state comprehen[Title 43 RCW—page 273]
43.43.972
Title 43 RCW: State Government—Executive
sive emergency management plan established under chapter
38.52 RCW. [2003 c 405 § 7.]
43.43.972
43.43.972 Law enforcement mobilization—Local law
enforcement request for mobilization—State law enforcement resource coordinator—Mobilization response—
Declaration of end of mobilization. (1) Local law enforcement may request mobilization only in response to an emergency or disaster exceeding the capabilities of available local
resources and those available through existing mutual aid
agreements. Upon finding that the local jurisdiction has
exhausted all available resources, it is the responsibility of
the chief to determine whether mobilization is the appropriate
response to the emergency or disaster and, if so, to mobilize
jurisdictions under the Washington state law enforcement
mobilization plan.
(2) Upon mobilization, the chief shall appoint a state law
enforcement resource coordinator, and an alternate, who shall
serve jointly with the chief law enforcement officer from the
host agency to command the mobilization effort consistent
with incident command system procedures.
(3) Upon mobilization, all law enforcement resources
including those of the host agency and those that responded
earlier under an existing mutual aid or other agreement shall
be mobilized. Mobilization may include the redistribution of
regional or statewide law enforcement resources to either
direct emergency incident assignments or to assignments in
communities where law enforcement resources are needed.
(4) For the duration of the mobilization:
(a) Host agency resources shall become state law
enforcement mobilization resources, under the command of
the state law enforcement resource coordinator and the chief
law enforcement officer from the host agency, consistent
with the state law enforcement mobilization plan and incident
command system procedures; and
(b) All law enforcement authorities providing resources
in response to a mobilization declaration shall be eligible for
expense reimbursement as provided by this chapter.
(5) The chief, in consultation with the regional law
enforcement resource coordinator, shall determine when
mobilization is no longer required and shall then declare the
end to the mobilization. [2003 c 405 § 8.]
43.43.973
43.43.973 State law enforcement mobilization—State
law enforcement coordinator—Duties. (1) The state law
enforcement resource coordinator, or alternate, shall serve in
that capacity for the duration of the mobilization.
(2) The duties of the coordinator are to:
(a) Coordinate the mobilization of law enforcement and
other support resources within a region;
(b) Be primarily responsible for the coordination of
resources in conjunction with the regional law enforcement
mobilization committees, in the case of incidents involving
more than one region or when resources from more than one
region must be mobilized; and
(c) Advise and consult with the chief regarding what
resources are required in response to the emergency or disaster and in regard to when the mobilization should end. [2003
c 405 § 9.]
[Title 43 RCW—page 274]
43.43.974 State law enforcement mobilization—
Regions established—Regional law enforcement mobilization committees—Regional law enforcement mobilization plans. (1) Regions within the state are initially established as follows and may be adjusted as necessary by the
state law enforcement policy board, but should remain consistent with the Washington state fire defense regions:
(a) Central region - Grays Harbor, Thurston, Pacific, and
Lewis counties;
(b) Lower Columbia region - Kittitas, Yakima, and Klickitat counties;
(c) Mid-Columbia region - Chelan, Douglas, and Grant
counties;
(d) Northeast region - Okanogan, Ferry, Stevens, Pend
Oreille, Spokane, Adams, and Lincoln counties;
(e) Northwest region - Whatcom, Skagit, Snohomish,
San Juan, and Island counties;
(f) Olympic region - Clallam and Jefferson counties;
(g) South Puget Sound region - Kitsap, Mason, King,
and Pierce counties;
(h) Southeast region - Benton, Franklin, Walla Walla,
Columbia, Whitman, Garfield, and Asotin counties;
(i) Southwest region - Wahkiakum, Cowlitz, Clark, and
Skamania counties.
(2) Within each of the regions there is created a regional
law enforcement mobilization committee. The committees
shall consist of the sheriff of each county in the region, the
district commander of the Washington state patrol from the
region, a number of police chiefs within the region equivalent
to the number of counties within the region plus one, and the
director of the counties' emergency management office. The
police chief members of each regional committee must
include the chiefs of police of each city of ninety-five thousand or more population, and the number of members of the
committee shall be increased if necessary to accommodate
such chiefs. Members of each regional mobilization committee shall select a chair, who shall have authority to implement
the regional plan, and a secretary as officers. Members serving on the regional mobilization committees shall not be eligible for reimbursement for meeting-related expenses from
the state.
(3) The regional mobilization committees shall work
with the relevant local government entities to facilitate development of intergovernmental agreements if any such agreements are required to implement a regional law enforcement
mobilization plan.
(4) Regional mobilization committees shall develop
regional law enforcement mobilization plans that include
provisions for organized law enforcement agencies to
respond across municipal, county, or regional boundaries.
Each regional mobilization plan shall be consistent with the
incident command system, the Washington state law enforcement mobilization plan, and regional response plans adopted
prior to July 27, 2003.
(5) Each regional plan adopted under subsection (4) of
this section shall be approved by the state law enforcement
mobilization policy board before implementation. [2003 c
405 § 10.]
43.43.974
43.43.975
43.43.975 State law enforcement mobilization—
Development of reimbursement procedures—Eligibility
(2004 Ed.)
Arts Commission
of nonhost law enforcement authority for reimbursement.
The state patrol in consultation with the Washington association of sheriffs and police chiefs and the office of financial
management shall develop procedures to facilitate reimbursement to jurisdictions from funds appropriated specifically for this purpose when jurisdictions are mobilized under
the Washington state law enforcement mobilization plan.
Nothing in this chapter shall be construed or interpreted
to limit the eligibility of any nonhost law enforcement
authority for reimbursement of expenses incurred in providing law enforcement resources for mobilization. [2003 c 405
§ 11.]
Chapter 43.46
Chapter 43.46 RCW
ARTS COMMISSION
Sections
43.46.005
43.46.015
43.46.030
43.46.040
43.46.045
43.46.050
43.46.055
43.46.060
43.46.070
43.46.090
43.46.095
43.46.900
43.46.090
c 317 § 3; 1967 ex.s. c 125 § 4; 1965 c 8 § 43.46.030. Prior:
1961 c 301 § 3.]
43.46.040
43.46.040 Compensation—Travel expenses—Organization—Chairperson—Rules—Quorum. Members of
the commission shall serve without compensation. However,
nonlegislative members shall be reimbursed for travel
expenses as provided in RCW 43.03.050 and 43.03.060 and
legislative members shall be reimbursed as provided in RCW
44.04.120. The commission shall organize, elect a chairperson annually, and adopt rules pursuant to chapter 34.05
RCW. A majority of its members constitute a quorum. Any
action as defined in RCW 42.30.020(3) shall be taken only at
a meeting at which a quorum is present. [1985 c 317 § 4;
1965 c 8 § 43.46.040. Prior: 1961 c 301 § 4.]
43.46.045
Purpose.
Washington state arts commission established—Composition.
Terms—Vacancies.
Compensation—Travel expenses—Organization—Chairperson—Rules—Quorum.
Executive director—Employees.
Powers and duties generally.
Development of arts and humanities.
Gifts and grants.
Biennial report.
Commission as reflecting state's responsibility—Acquisition
of works of art for public buildings and lands—Visual arts
program established.
State art collection.
Effective date—1985 c 317.
43.46.045 Executive director—Employees. The governor shall select a full time executive director from a list of
three names submitted by the commission by September 1,
1988, and anytime thereafter that a vacancy occurs. The executive director shall receive no other salary and shall not be
otherwise gainfully employed. Subject to the provisions of
chapter 41.06 RCW, the executive director may also employ
such clerical and other assistants as may be reasonably
required to carry out commission functions. The executive
director shall serve at the pleasure of the governor. [1988 c
81 § 23; 1985 c 317 § 5; 1967 ex.s. c 125 § 2.]
43.46.050
43.46.005
43.46.005 Purpose. The conservation and development
of the state's artistic resources is essential to the social, educational, and economic growth of the state of Washington.
Artists, works of art, and artistic institutions contribute to the
quality of life and the general welfare of the citizens of the
state, and are an appropriate matter of concern to the government of the state of Washington. [1985 c 317 § 1.]
43.46.015
43.46.015 Washington state arts commission established—Composition. There is established a Washington
state arts commission. The commission consists of nineteen
members appointed by the governor and four members of the
legislature, one from each caucus in the senate and appointed
by the president of the senate and one from each caucus in the
house of representatives and appointed by the speaker of the
house of representatives. The governor shall appoint citizens
representing the various disciplines within the visual, performing and literary arts, and other citizens active in the arts
community. The governor shall consider nominations for
membership from individuals actively involved in cultural,
state or community organizations. The governor shall also
consider geographical distribution of the membership in the
appointment of new members. [1999 c 241 § 1; 1985 c 317 §
2.]
43.46.050 Powers and duties generally. The commission shall meet, study, plan, and advise the governor, the various departments of the state and the state legislature and
shall make such recommendations as it deems proper for the
cultural development of the state of Washington. [1985 c 317
§ 6; 1965 c 8 § 43.46.050. Prior: 1961 c 301 § 5.]
43.46.055
43.46.055 Development of arts and humanities. The
commission may develop, sponsor, promote and administer
any activity, project, or program within or without this state
which is related to the growth and development of the arts
and humanities in the state of Washington and may assist any
person or public or private agency to this end. [1985 c 317 §
7; 1967 ex.s. c 125 § 1.]
43.46.060
43.46.060 Gifts and grants. The commission may
accept gifts and grants upon such terms as the commission
shall deem proper. [1965 c 8 § 43.46.060. Prior: 1961 c 301
§ 6.]
43.46.070
43.46.070 Biennial report. The commission shall
make a biennial report of its proceedings and recommendations to the governor, which shall contain a full description of
program and project activity, including fund sources and
expenditures for the biennium covered by the report. [1985 c
317 § 8; 1965 c 8 § 43.46.070. Prior: 1961 c 301 § 7.]
43.46.030
43.46.030 Terms—Vacancies. Members shall serve
three year terms. A legislative member shall serve as long as
he or she is a member of the legislative body from which he
or she was appointed. Each member will continue to serve
until a successor is appointed. Vacancies shall be filled by
appointment for the remainder of the unexpired term. [1985
(2004 Ed.)
43.46.090
43.46.090 Commission as reflecting state's responsibility—Acquisition of works of art for public buildings
and lands—Visual arts program established. The legislature recognizes this state's responsibility to foster culture and
the arts and its interest in the viable development of her artists
[Title 43 RCW—page 275]
43.46.095
Title 43 RCW: State Government—Executive
and craftsmen by the establishment of the Washington state
arts commission. The legislature declares it to be a policy of
this state that a portion of appropriations for capital expenditures be set aside for the acquisition of works of art to be
placed in public buildings or lands. There is hereby established a visual arts program to be administered by the Washington state arts commission. [1983 c 204 § 1; 1974 ex.s. c
176 § 1.]
Severability—1983 c 204: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 204 § 11.]
Allocation of moneys for acquisition of works of art—Expenditure by arts
commission—Conditions: RCW 43.17.200.
Colleges and universities, purchases of works of art—Procedure: RCW
28B.10.025.
43.52.380
43.52.383
43.52.385
43.52.391
43.52.395
43.52.410
43.52.430
43.52.440
43.52.450
43.52.460
43.52.470
43.52.515
43.52.520
43.52.525
43.52.530
43.52.535
Purchase of works of art—Procedure: RCW 43.19.455.
School districts, purchases of works of art—Procedure: RCW 28A.335.210.
43.46.095
43.46.095 State art collection. All works of art purchased and commissioned under the visual arts program shall
become a part of a state art collection developed, administered, and operated by the Washington state arts commission.
All works of art previously purchased or commissioned
under RCW 43.46.090, 43.17.200, 43.19.455, 28B.10.025, or
28A.335.210 shall be considered a part of the state art collection to be administered by the Washington state arts commission. [1990 c 33 § 578; 1983 c 204 § 2.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1983 c 204: See note following RCW 43.46.090.
43.46.900
43.46.900 Effective date—1985 c 317. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect June 30,
1985. [1985 c 317 § 10.]
Chapter 43.52
Chapter 43.52 RCW
OPERATING AGENCIES
Sections
43.52.250
43.52.260
43.52.272
43.52.290
43.52.300
43.52.3411
43.52.343
43.52.350
43.52.360
43.52.370
43.52.374
43.52.375
43.52.378
Definitions.
Scope of authority.
Power commission abolished.
Members of the board of directors of an operating agency—
Compensation—May hold other public position—Incompatibility of offices doctrine voided.
Powers and duties of an operating agency.
Revenue bonds or warrants.
Revenue bonds or warrants—Sale by negotiation or advertisement and bid.
Operating agencies to provide fishways, facilities and hatcheries—Contracts.
Operating agency—Formation—Additional projects—
Appeals—Membership, withdrawal—Dissolution.
Operating agency board of directors—Members, appointment, vote, term, etc.—Rules—Proceedings—Limitation
on powers and duties.
Operating agency executive board—Members—Terms—
Removal—Rules—Proceedings—Managing director—
Civil immunities—Defense and indemnification.
Treasurer—Auditor—Powers and duties—Official bonds—
Funds.
Executive board—Appointment of administrative auditor—
Retention of firm for performance audits—Duties of auditor and firm—Reports.
[Title 43 RCW—page 276]
43.52.550
43.52.560
43.52.565
43.52.570
43.52.575
43.52.580
43.52.585
43.52.590
43.52.595
43.52.612
43.52.910
Member's preference to buy energy—Apportionment—Surplus.
Compliance with open public meetings act.
Best interest of ratepayers to determine interest of agency.
Powers and duties of operating agency.
Maximum interest rate operating agency may pay member.
Authority of city or district to contract for electric energy or
falling waters.
Appeals from director of department of ecology.
Effect of chapter on "Columbia River Sanctuary Act."
Chapter requirements are cumulative—Preservation of
rights—Not subject to utilities and transportation commission.
Operating agency to pay in lieu of taxes.
Operating agency—Validity of organization and existence.
Application of Titles 9 and 9A RCW.
Security force—Authorized.
Security force—Criminal history record information.
Security force—Powers and duties—Rules on speed, operation, location of vehicles authorized.
Security force—Membership in retirement system authorized.
Plans for repayment of operating agency obligations maturing prior to planned operation of plant.
Contracts for materials or work required—Sealed bids.
Contracts for materials or work through competitive negotiation authorized—Selection of contractor.
Purchase of materials by telephone or written quotation
authorized—Procedure.
Purchase of materials without competition authorized.
Emergency purchase of materials or work by contract.
Procedures for implementing RCW 43.52.560 through
43.52.580.
Construction of RCW 43.52.560 through 43.52.585.
Contracts for electric power and energy.
Contract bid form.
Construction—1965 c 8.
43.52.250
43.52.250 Definitions. As used in this chapter and
unless the context indicates otherwise, words and phrases
shall mean:
"District" means a public utility district as created under
the laws of the state of Washington authorized to engage in
the business of generating and/or distributing electricity.
"City" means any city or town in the state of Washington
authorized to engage in the business of generating and/or distributing electricity.
"Canada" means Canada or any province thereof.
"Operating agency" or "joint operating agency" means a
municipal corporation created pursuant to RCW 43.52.360,
as now or hereafter amended.
"Board of directors" means the board established under
RCW 43.52.370.
"Executive board" means the board established under
RCW 43.52.374.
"Board" means the board of directors of the joint operating agency unless the operating agency is constructing, operating, terminating, or decommissioning a nuclear power plant
under a site certification agreement under chapter 80.50
RCW, in which case "board" means the executive board.
"Public utility" means any person, firm or corporation,
political subdivision or governmental subdivision including
cities, towns and public utility districts engaged in or authorized to engage in the business of generating, transmitting or
distributing electric energy.
"Revenue bonds or warrants" means bonds, notes, bond
anticipation notes, warrants, certificates of indebtedness,
commercial paper, refunding or renewal obligations, payable
from a special fund or revenues of the utility properties operated by the joint operating agency.
(2004 Ed.)
Operating Agencies
"Electrical resources" means both electric energy and
conservation.
"Electrical energy" means electric energy produced by
any means including water power, steam power, nuclear
power, and conservation.
"Conservation" means any reduction in electric power
consumption as a result of increases in efficiency of energy
use, production, or distribution. [1987 c 376 § 8; 1982 1st
ex.s. c 43 § 1; 1981 1st ex.s. c 1 § 1; 1977 ex.s. c 184 § 1;
1965 c 8 § 43.52.250. Prior: 1953 c 281 § 1.]
Severability—Savings—1982 1st ex.s. c 43: See notes following
RCW 43.52.374.
Severability—1981 1st ex.s. c 1: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 1st ex.s. c 1 § 5.]
43.52.260
43.52.260 Scope of authority. The authority granted in
this chapter shall apply equally to the generating of electricity
by water power, by steam power, by nuclear power, conservation, or by any other means whatsoever. [1987 c 376 § 9;
1977 ex.s. c 184 § 2; 1965 c 8 § 43.52.260. Prior: 1955 c 258
§ 18; 1953 c 281 § 20.]
43.52.272
43.52.272 Power commission abolished. The Washington state power commission is hereby abolished. [1965 c
8 § 43.52.272. Prior: 1957 c 295 § 8.]
43.52.290
43.52.290 Members of the board of directors of an
operating agency—Compensation—May hold other public position—Incompatibility of offices doctrine voided.
Members of the board of directors of an operating agency
shall be paid the sum of fifty dollars per day as compensation
for each day or major part thereof devoted to the business of
the operating agency, together with their traveling and other
necessary expenses. Such member may, regardless of any
charter or other provision to the contrary, be an officer or
employee holding another public position and, if he be such
other public officer or employee, he shall be paid by the operating agency such amount as will, together with the compensation for such other public position equal the sum of fifty
dollars per day. The common law doctrine of incompatibility
of offices is hereby voided as it applies to persons sitting on
the board of directors or the executive board of an operating
agency and holding an elective or appointive position on a
public utility district commission or municipal legislative
authority or being an employee of a public utility district or
municipality. [1983 1st ex.s. c 3 § 1; 1982 1st ex.s. c 43 § 5;
1977 ex.s. c 184 § 3; 1965 c 8 § 43.52.290. Prior: 1953 c 281
§ 4.]
Severability—Savings—1982 1st ex.s. c 43: See notes following
RCW 43.52.374.
43.52.300
43.52.300 Powers and duties of an operating agency.
An operating agency formed under RCW 43.52.360 shall
have authority:
(1) To generate, produce, transmit, deliver, exchange,
purchase or sell electric energy and to enter into contracts for
any or all such purposes.
(2) To construct, condemn, purchase, lease, acquire, add
to, extend, maintain, improve, operate, develop and regulate
(2004 Ed.)
43.52.300
plants, works and facilities for the generation and/or transmission of electric energy, either within or without the state
of Washington, and to take, condemn, purchase, lease and
acquire any real or personal, public or private property, franchise and property rights, including but not limited to state,
county and school lands and properties, for any of the purposes herein set forth and for any facilities or works necessary or convenient for use in the construction, maintenance or
operation of any such works, plants and facilities; provided
that an operating agency shall not be authorized to acquire by
condemnation any plants, works and facilities owned and
operated by any city or district, or by a privately owned public utility. An operating agency shall be authorized to contract
for and to acquire by lease or purchase from the United States
or any of its agencies, any plants, works or facilities for the
generation and transmission of electricity and any real or personal property necessary or convenient for use in connection
therewith.
(3) To negotiate and enter into contracts with the United
States or any of its agencies, with any state or its agencies,
with Canada or its agencies or with any district or city of this
state, for the lease, purchase, construction, extension, betterment, acquisition, operation and maintenance of all or any
part of any electric generating and transmission plants and
reservoirs, works and facilities or rights necessary thereto,
either within or without the state of Washington, and for the
marketing of the energy produced therefrom. Such negotiations or contracts shall be carried on and concluded with due
regard to the position and laws of the United States in respect
to international agreements.
(4) To negotiate and enter into contracts for the purchase,
sale, exchange, transmission or use of electric energy or falling water with any person, firm or corporation, including
political subdivisions and agencies of any state of Canada, or
of the United States, at fair and nondiscriminating rates.
(5) To apply to the appropriate agencies of the state of
Washington, the United States or any thereof, and to Canada
and/or to any other proper agency for such permits, licenses
or approvals as may be necessary, and to construct, maintain
and operate works, plants and facilities in accordance with
such licenses or permits, and to obtain, hold and use such
licenses and permits in the same manner as any other person
or operating unit.
(6) To establish rates for electric energy sold or transmitted by the operating agency. When any revenue bonds or
warrants are outstanding the operating agency shall have the
power and shall be required to establish and maintain and collect rates or charges for electric energy, falling water and
other services sold, furnished or supplied by the operating
agency which shall be fair and nondiscriminatory and adequate to provide revenues sufficient for the payment of the
principal and interest on such bonds or warrants and all payments which the operating agency is obligated to set aside in
any special fund or funds created for such purposes, and for
the proper operation and maintenance of the public utility
owned by the operating agency and all necessary repairs,
replacements and renewals thereof.
(7) To act as agent for the purchase and sale at wholesale
of electricity for any city or district whenever requested so to
do by such city or district.
[Title 43 RCW—page 277]
43.52.3411
Title 43 RCW: State Government—Executive
(8) To contract for and to construct, operate and maintain
fishways, fish protective devices and facilities and hatcheries
as necessary to preserve or compensate for projects operated
by the operating agency.
(9) To construct, operate and maintain channels, locks,
canals and other navigational, reclamation, flood control and
fisheries facilities as may be necessary or incidental to the
construction of any electric generating project, and to enter
into agreements and contracts with any person, firm or corporation, including political subdivisions of any state, of Canada or the United States for such construction, operation and
maintenance, and for the distribution and payment of the
costs thereof.
(10) To employ legal, engineering and other professional
services and fix the compensation of a managing director and
such other employees as the operating agency may deem
necessary to carry on its business, and to delegate to such
manager or other employees such authority as the operating
agency shall determine. Such manager and employees shall
be appointed for an indefinite time and be removable at the
will of the operating agency.
(11) To study, analyze and make reports concerning the
development, utilization and integration of electric generating facilities and requirements within the state and without
the state in that region which affects the electric resources of
the state.
(12) To acquire any land bearing coal, uranium, geothermal, or other energy resources, within or without the state, or
any rights therein, for the purpose of assuring a long-term,
adequate supply of coal, uranium, geothermal, or other
energy resources to supply its needs, both actual and prospective, for the generation of power and may make such contracts with respect to the extraction, sale, or disposal of such
energy resources that it deems proper. [1977 ex.s. c 184 § 4;
1975 1st ex.s. c 37 § 1; 1965 c 8 § 43.52.300. Prior: 1955 c
258 § 1; 1953 c 281 § 5.]
43.52.3411 Revenue bonds or warrants. For the purposes provided for in this chapter, an operating agency shall
have power to issue revenue bonds or warrants payable from
the revenues of the utility properties operated by it. Whenever the board of a joint operating agency shall deem it advisable to issue bonds or warrants to engage in conservation
activities or to construct or acquire any public utility or any
works, plants or facilities or any additions or betterments
thereto or extensions thereof it shall provide therefor by resolution, which shall specify and adopt the system or plan proposed and declare the estimated cost thereof as near as may
be. Such cost may include funds for working capital, for payment of expenses incurred in the conservation activities or
the acquisition or construction of the utility and for the repayment of advances made to the operating agency by any public
utility district or city. Except as otherwise provided in RCW
43.52.343, all the provisions of law as now or hereafter in
effect relating to revenue bonds or warrants of public utility
districts shall apply to revenue bonds or warrants issued by
the joint operating agency including, without limitation, provisions relating to: The creation of special funds and the
pledging of revenues thereto; the time and place of payment
of such bonds or warrants and the interest rate or rates
thereon; the covenants that may be contained therein and the
43.52.3411
[Title 43 RCW—page 278]
effect thereof; the execution, issuance, sale, funding, or
refunding, redemption and registration of such bonds or warrants; and the status thereof as negotiable instruments, as
legal securities for deposits of public moneys and as legal
investments for trustees and other fiduciaries and for savings
and loan associations, banks and insurance companies doing
business in this state. However, for revenue bonds or warrants issued by an operating agency, the provisions under
RCW 54.24.030 relating to additional or alternate methods
for payment may be made a part of the contract with the owners of any revenue bonds or warrants of an operating agency.
The board may authorize the managing director or the treasurer of the operating agency to sell revenue bonds or warrants maturing one year or less from the date of issuance, and
to fix the interest rate or rates on such revenue bonds or warrants with such restrictions as the board shall prescribe. Such
bonds and warrants may be in any form, including bearer
bonds or bearer warrants, or registered bonds or registered
warrants as provided in RCW 39.46.030. Such bonds and
warrants may also be issued and sold in accordance with
chapter 39.46 RCW. [1987 c 376 § 10; 1983 c 167 § 116;
1981 1st ex.s. c 1 § 2; 1965 c 8 § 43.52.3411. Prior: 1957 c
295 § 6.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1981 1st ex.s. c 1: See note following RCW 43.52.250.
43.52.343
43.52.343 Revenue bonds or warrants—Sale by
negotiation or advertisement and bid. All bonds issued by
an operating agency shall be sold and delivered in such manner, at such rate or rates of interest and for such price or prices
and at such time or times as the board shall deem in the best
interests of the operating agency, whether by negotiation or
to the highest and best bidder after such advertising for bids
as the board of the operating agency may deem proper: PROVIDED, That the board may reject any and all bids so submitted and thereafter sell such bonds so advertised under such
terms and conditions as it may deem most advantageous to its
own interests. [1981 1st ex.s. c 1 § 3; 1965 c 8 § 43.52.343.
Prior: 1957 c 295 § 7; 1955 c 258 § 10.]
Severability—1981 1st ex.s. c 1: See note following RCW 43.52.250.
43.52.350
43.52.350 Operating agencies to provide fishways,
facilities and hatcheries—Contracts. An operating agency
shall, at the time of the construction of any dam or obstruction, construct and shall thereafter maintain and operate such
fishways, fish protective facilities and hatcheries as the director of fish and wildlife finds necessary to permit anadromous
fish to pass any dam or other obstruction operated by the
operating agency or to replace fisheries damaged or
destroyed by such dam or obstruction and an operating
agency is further authorized to enter into contracts with the
department of fish and wildlife to provide for the construction and/or operation of such fishways, facilities and hatcheries. [1994 c 264 § 24; 1988 c 36 § 18; 1977 ex.s. c 184 § 5;
1965 c 8 § 43.52.350. Prior: 1953 c 281 § 11.]
43.52.360
43.52.360 Operating agency—Formation—Additional projects—Appeals—Membership, withdrawal—
Dissolution. Any two or more cities or public utility districts
(2004 Ed.)
Operating Agencies
or combinations thereof may form an operating agency
(herein sometimes called a joint operating agency) for the
purpose of acquiring, constructing, operating and owning
plants, systems and other facilities and extensions thereof, for
the generation and/or transmission of electric energy and
power. Each such agency shall be a municipal corporation of
the state of Washington with the right to sue and be sued in its
own name.
Application for the formation of an operating agency
shall be made to the director of the department of ecology
(herein sometimes referred to as the director) after the adoption of a resolution by the legislative body of each city or
public utility district to be initial members thereof authorizing said city or district to participate. Such application shall
set forth (1) the name and address of each participant,
together with a certified copy of the resolution authorizing its
participation; (2) a general description of the project and the
principal project works, including dams, reservoirs, power
houses and transmission lines; (3) the general location of the
project and, if a hydroelectric project, the name of the stream
on which such proposed project is to be located; (4) if the
project is for the generation of electricity, the proposed use or
market for the power to be developed; (5) a general statement
of the electric loads and resources of each of the participants;
(6) a statement of the proposed method of financing the preliminary engineering and other studies and the participation
therein by each of the participants.
Within ten days after such application is filed with the
director of the department of ecology notice thereof shall be
published by the director once a week for four consecutive
weeks in a newspaper of general circulation in the county or
counties in which such project is to be located, setting forth
the names of the participants and the general nature, extent
and location of the project. Any public utility wishing to do
so may object to such application by filing an objection, setting forth the reasons therefor, with the director of the department of ecology not later than ten days after the date of last
publication of such notice.
Within ninety days after the date of last publication the
director shall either make findings thereon or have instituted
a hearing thereon. In the event the director has neither made
findings nor instituted a hearing within ninety days of the
date of last publication, or if such hearing is instituted within
such time but no findings are made within one hundred and
twenty days of the date of such last publication, the application shall be deemed to have been approved and the operating
agency established. If it shall appear (a) that the statements
set forth in said application are substantially correct; (b) that
the contemplated project is such as is adaptable to the needs,
both actual and prospective, of the participants and such other
public utilities as indicate a good faith intention by contract
or by letter of intent to participate in the use of such project;
(c) that no objection to the formation of such operating
agency has been filed by any other public utility which prior
to and at the time of the filing of the application for such
operating agency had on file a permit or license from an
agency of the state or an agency of the United States, whichever has primary jurisdiction, for the construction of such
project; (d) that adequate provision will be made for financing the preliminary engineering, legal and other costs necessary thereto; the director shall make findings to that effect
(2004 Ed.)
43.52.360
and enter an order creating such operating agency, establishing the name thereof and the specific project for the construction and operation for which such operating agency is
formed. Such order shall not be construed to constitute a bar
to any other public utility proceeding according to law to procure any required governmental permits, licenses or authority, but such order shall establish the competency of the operating agency to proceed according to law to procure such permits, licenses or authority.
No operating agency shall undertake projects or conservation activities in addition to those for which it was formed
without the approval of the legislative bodies of a majority of
the members thereof. Prior to undertaking any new project
for acquisition of an energy resource, a joint operating
agency shall prepare a plan which details a least-cost
approach for investment in energy resources. The plan shall
include an analysis of the costs of developing conservation
compared with costs of developing other energy resources
and a strategy for implementation of the plan. The plan shall
be presented to the energy and utilities committees of the senate and house of representatives for their review and comment. In the event that an operating agency desires to undertake such a hydroelectric project at a site or sites upon which
any publicly or privately owned public utility has a license or
permit or has a prior application for a license or permit pending with any commission or agency, state or federal, having
jurisdiction thereof, application to construct such additional
project shall be made to the director of the department of
ecology in the same manner, subject to the same requirements and with the same notice as required for an initial
agency and project and shall not be constructed until an order
authorizing the same shall have been made by the director in
the manner provided for such original application.
Any party who has joined in filing the application for, or
objections against, the creation of such operating agency
and/or the construction of an additional project, and who
feels aggrieved by any order or finding of the director shall
have the right to appeal to the superior court in the manner set
forth in RCW 43.52.430.
After the formation of an operating agency, any other
city or district may become a member thereof upon application to such agency after the adoption of a resolution of its
legislative body authorizing said city or district to participate,
and with the consent of the operating agency by the affirmative vote of the majority of its members. Any member may
withdraw from an operating agency, and thereupon such
member shall forfeit any and all rights or interest which it
may have in such operating agency or in any of the assets
thereof: PROVIDED, That all contractual obligations
incurred while a member shall remain in full force and effect.
An operating agency may be dissolved by the unanimous
agreement of the members, and the members, after making
provisions for the payment of all debts and obligations, shall
thereupon hold the assets thereof as tenants in common.
[1998 c 245 § 68; 1987 c 376 § 11; 1977 ex.s. c 184 § 6; 1965
c 8 § 43.52.360. Prior: 1957 c 295 § 1; 1955 c 258 § 3; 1953
c 281 § 12.]
Generation of electric energy by steam: RCW 43.21A.610 through
43.21A.642.
[Title 43 RCW—page 279]
43.52.370
Title 43 RCW: State Government—Executive
43.52.370
43.52.370 Operating agency board of directors—
Members, appointment, vote, term, etc.—Rules—Proceedings—Limitation on powers and duties. (1) Except as
provided in subsection (2) of this section, the management
and control of an operating agency shall be vested in a board
of directors, herein sometimes referred to as the board. The
legislative body of each member of an operating agency shall
appoint a representative who may, at the discretion of the
member and regardless of any charter or other provision to
the contrary, be an officer or employee of the member, to
serve on the board of the operating agency. Each representative shall have one vote and shall have, in addition thereto,
one vote for each block of electric energy equal to ten percent
of the total energy generated by the agency during the preceding year purchased by the member represented by such representative. Each member may appoint an alternative representative to serve in the absence or disability of its representative. Each representative shall serve at the pleasure of the
member. The board of an operating agency shall elect from
its members a president, vice president and secretary, who
shall serve at the pleasure of the board. The president and secretary shall perform the same duties with respect to the operating agency as are provided by law for the president and secretary, respectively, of public utility districts, and such other
duties as may be provided by motion, rule or resolution of the
board. The board of an operating agency shall adopt rules for
the conduct of its meetings and the carrying out of its business, and adopt an official seal. All proceedings of an operating agency shall be by motion or resolution and shall be
recorded in the minute book which shall be a public record. A
majority of the board members shall constitute a quorum for
the transaction of business. A majority of the votes which the
members present are entitled to cast shall be necessary and
sufficient to pass any motion or resolution: PROVIDED,
That such board members are entitled to cast a majority of the
votes of all members of the board. The members of the board
of an operating agency may be compensated by such agency
as is provided in RCW 43.52.290: PROVIDED, That the
compensation to any member shall not exceed five thousand
dollars in any year except for board members who are elected
to serve on an executive board established under RCW
43.52.374.
(2) If an operating agency is constructing, operating, terminating, or decommissioning a nuclear power plant under a
site certification agreement under chapter 80.50 RCW, the
powers and duties of the board of directors shall include and
are limited to the following:
(a) Final authority on any decision of the operating
agency to purchase, acquire, construct, terminate, or decommission any power plants, works, and facilities except that
once the board of directors has made a final decision regarding a nuclear power plant, the executive board established
under RCW 43.52.374 shall have the authority to make all
subsequent decisions regarding the plant and any of its components;
(b) Election of members to, removal from, and establishment of salaries for the elected members of the executive
board under RCW 43.52.374(1)(a); and
(c) Selection and appointment of three outside directors
as provided in RCW 43.52.374(1)(b).
[Title 43 RCW—page 280]
All other powers and duties of the operating agency,
including without limitation authority for all actions subsequent to final decisions by the board of directors, including
but not limited to the authority to sell any power plant, works,
and facilities are vested in the executive board established
under RCW 43.52.374. [1983 1st ex.s. c 3 § 2; 1982 1st ex.s.
c 43 § 2; 1981 1st ex.s. c 3 § 1; 1977 ex.s. c 184 § 7; 1965 c 8
§ 43.52.370. Prior: 1957 c 295 § 2; 1953 c 281 § 13.]
Severability—Savings—1982 1st ex.s. c 43: See notes following
RCW 43.52.374.
43.52.374
43.52.374 Operating agency executive board—Members—Terms—Removal—Rules—Proceedings—Managing director—Civil immunities—Defense and indemnification. (1) With the exception of the powers and duties of
the board of directors described in RCW 43.52.370(2), the
management and control of an operating agency constructing, operating, terminating, or decommissioning a nuclear
power plant under a site certification agreement under chapter 80.50 RCW is vested in an executive board established
under this subsection and consisting of eleven members.
(a) Five members of the executive board shall be elected
to four-year terms by the board of directors from among the
members of the board of directors. The board of directors
may provide by rule for the composition of the five members
of the executive board elected from among the members of
the board of directors so as to reflect the member public utility districts' and cities' participation in the joint operating
agency's projects. Members elected to the executive board
from the board of directors are ineligible for continued membership on the executive board if they cease to be members of
the board of directors. The board of directors may also provide by rule for the removal of a member of the executive
board, except for the outside directors. Members of the board
of directors may be elected to serve successive terms on the
executive board. Members elected to the executive board
from the board of directors shall receive a salary from the
operating agency at a rate set by the board of directors.
(b) Six members of the executive board shall be outside
directors. Three shall be selected and appointed by the board
of directors, and three shall be selected and appointed by the
governor and confirmed by the senate. All outside directors
shall:
(i) Serve four-year terms on the executive board. However, of the initial members of the executive board, the board
of directors and the governor shall each appoint one outside
director to serve a two-year term, one outside director to
serve a three-year term, and one outside director to serve a
four-year term. Thereafter, all outside directors shall be
appointed for four-year terms. All outside directors are eligible for reappointment;
(ii) Receive travel expenses on the same basis as the five
members elected from the board of directors. The outside
directors shall also receive a salary from the operating agency
as fixed by the governor;
(iii) Not be an officer or employee of, or in any way affiliated with, the Bonneville power administration or any electric utility conducting business in the states of Washington,
Oregon, Idaho, or Montana;
(iv) Not be involved in the financial affairs of the operating agency as an underwriter or financial adviser of the oper(2004 Ed.)
Operating Agencies
ating agency or any of its members or any of the participants
in any of the operating agency's plants; and
(v) Be representative of policy makers in business,
finance, or science, or have expertise in the construction or
management of such facilities as the operating agency is constructing or operating, or have expertise in the termination,
disposition, or liquidation of corporate assets.
(c) The governor may remove outside directors from the
executive board for incompetency, misconduct, or malfeasance in office in the same manner as state appointive officers
under chapter 43.06 RCW. For purposes of this subsection,
misconduct shall include, but not be limited to, nonfeasance
and misfeasance.
(2) Nothing in this chapter shall be construed to mean
that an operating agency is in any manner an agency of the
state. Nothing in this chapter alters or destroys the status of an
operating agency as a separate municipal corporation or
makes the state liable in any way or to any extent for any preexisting or future debt of the operating agency or any present
or future claim against the agency.
(3) The eleven members of the executive board shall be
selected with the objective of establishing an executive board
which has the resources to effectively carry out its responsibilities. All members of the executive board shall conduct
their business in a manner which in their judgment is in the
interest of all ratepayers affected by the joint operating
agency and its projects.
(4) The executive board shall elect from its members a
chairman, vice chairman, and secretary, who shall serve at
the pleasure of the executive board. The executive board shall
adopt rules for the conduct of its meetings and the carrying
out of its business. All proceedings shall be by motion or resolution and shall be recorded in the minute book, which shall
be a public record. A majority of the executive board shall
constitute a quorum for the transaction of business.
(5) With respect to any operating agency existing on
April 20, 1982, to which the provisions of this section are
applicable:
(a) The board of directors shall elect five members to the
executive board no later than sixty days after April 20, 1982;
and
(b) The board of directors and the governor shall select
and appoint the initial outside directors and the executive
board shall hold its organizational meeting no later than sixty
days after April 20, 1982, and the powers and duties prescribed in this chapter shall devolve upon the executive board
at that time.
(6) The executive board shall select and employ a managing director of the operating agency and may delegate to
the managing director such authority for the management and
control of the operating agency as the executive board deems
appropriate. The managing director's employment is terminable at the will of the executive board.
(7) Members of the executive board shall be immune
from civil liability for mistakes and errors of judgment in the
good faith performance of acts within the scope of their official duties involving the exercise of judgment and discretion.
This grant of immunity shall not be construed as modifying
the liability of the operating agency.
The operating agency shall undertake the defense of and
indemnify each executive board member made a party to any
(2004 Ed.)
43.52.375
civil proceeding including any threatened, pending, or completed action, suit, or proceeding, whether civil, administrative, or investigative, by reason of the fact he or she is or was
a member of the executive board, against judgments, penalties, fines, settlements, and reasonable expenses, actually
incurred by him or her in connection with such proceeding if
he or she had conducted himself or herself in good faith and
reasonably believed his or her conduct to be in the best interest of the operating agency.
In addition members of the executive board who are utility employees shall not be fired, forced to resign, or demoted
from their utility jobs for decisions they make while carrying
out their duties as members of the executive board involving
the exercise of judgment and discretion. [1983 1st ex.s. c 3 §
3; 1982 1st ex.s. c 43 § 3; 1981 1st ex.s. c 3 § 2.]
Severability—1982 1st ex.s. c 43: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 43 § 11.]
Savings—1982 1st ex.s. c 43: "(1) All personnel and employees of a
board of directors or executive board or committee displaced by section 3 of
this act shall become personnel and employees of the executive board created in section 3 of this act without any loss of rights, subject to any appropriate action thereafter.
(2) All pending business before a board of directors or executive board
or committee which is replaced by the executive board created in section 3 of
this act shall be continued and acted upon by the new executive board.
(3) This act shall not be construed to alter:
(a) Any existing rights acquired under laws relating to operating agencies;
(b) The status of any actions, activities, or civil or criminal proceedings
of any existing operating agencies;
(c) The status of any collective bargaining agreements, indebtedness,
contracts, or other obligations;
(d) Any valid resolutions, covenants, or agreements between an operating agency and members, participants in any electric generating facility, privately owned public utilities, or agencies of the federal government; or
(e) Any rules, resolutions, or orders adopted by a board of directors or
executive board or committee until canceled or superseded." [1982 1st ex.s.
c 43 § 4.]
43.52.375
43.52.375 Treasurer—Auditor—Powers and
duties—Official bonds—Funds. The board of each joint
operating agency shall by resolution appoint a treasurer. The
treasurer shall be the chief financial officer of the operating
agency, who shall report at least annually to the board a
detailed statement of the financial condition of the operating
agency and of its financial operations for the preceding fiscal
year. The treasurer shall advise the board on all matters
affecting the financial condition of the operating agency.
Before entering upon his duties the treasurer shall give bond
to the operating agency, with a surety company authorized to
write such bonds in this state as surety, in an amount which
the board finds by resolution will protect the operating
agency against loss, conditioned that all funds which he
receives as such treasurer will be faithfully kept and
accounted for and for the faithful discharge of his duties. The
amount of such bond may be decreased or increased from
time to time as the board may by resolution direct.
The board shall also appoint an auditor and may require
him to give a bond with a surety company authorized to do
business in the state of Washington in such amount as it shall
by resolution prescribe, conditioned for the faithful discharge
of his duties. The auditor shall report directly to the board and
be responsible to it for discharging his duties.
[Title 43 RCW—page 281]
43.52.378
Title 43 RCW: State Government—Executive
The premiums on the bonds of the auditor and the treasurer shall be paid by the operating agency. The board may
provide for coverage of said officers and other persons on the
same bond.
All funds of the joint operating agency shall be paid to
the treasurer and shall be disbursed by him only on warrants
issued by the auditor upon orders or vouchers approved by
the board: PROVIDED, That the board by resolution may
authorize the managing director or any other bonded officer
or employee as legally permissible to approve or disapprove
vouchers presented to defray salaries of employees and other
expenses of the operating agency arising in the usual and
ordinary course of its business, including expenses incurred
by the board of directors, its executive committee, or the
executive board in the performance of their duties. All moneys of the operating agency shall be deposited forthwith by
the treasurer in such depositaries, and with such securities as
are designated by rules of the board. The treasurer shall
establish a general fund and such special funds as shall be
created by the board, into which he shall place all money of
the joint operating agency as the board by resolution or
motion may direct. [1982 1st ex.s. c 43 § 7; 1981 1st ex.s. c
3 § 3; 1965 c 8 § 43.52.375. Prior: 1957 c 295 § 4.]
Severability—Savings—1982 1st ex.s. c 43: See notes following
RCW 43.52.374.
43.52.378
43.52.378 Executive board—Appointment of administrative auditor—Retention of firm for performance
audits—Duties of auditor and firm—Reports. The executive board of any operating agency constructing, operating,
terminating, or decommissioning a nuclear power plant under
a site certification agreement issued pursuant to chapter 80.50
RCW shall appoint an administrative auditor. The administrative auditor shall be deemed an officer under chapter 42.23
RCW. The appointment of the administrative auditor shall be
in addition to the appointment of the auditor for the issuance
of warrants and other purposes as provided in RCW
43.52.375. The executive board shall retain a qualified firm
or firms to conduct performance audits which is in fact independent and does not have any interest, direct or indirect, in
any contract with the operating agency other than its employment hereunder. No member or employee of any such firm
shall be connected with the operating agency as an officer,
employee, or contractor. The administrative auditor and the
firm or firms shall be independently and directly responsible
to the executive board of the operating agency. The executive
board shall require a firm to conduct continuing audits of the
methods, procedures and organization used by the operating
agency to control costs, schedules, productivity, contract
amendments, project design and any other topics deemed
desirable by the executive board. The executive board may
also require a firm to analyze particular technical aspects of
the operating agency's projects and contract amendments.
The firm or firms shall provide advice to the executive board
in its management and control of the operating agency. At
least once each year, the firm or firms shall prepare and furnish a report of its actions and recommendations to the executive board for the purpose of enabling it to attain the highest
degree of efficiency in the management and control of any
thermal power project under construction or in operation. The
administrative auditor shall assist the firm or firms in the per[Title 43 RCW—page 282]
formance of its duties. The administrative auditor and the
firm or firms shall consult regularly with the executive board
and furnish any information or data to the executive board
which the administrative auditor, firm, or executive board
deems helpful in accomplishing the purpose above stated.
The administrative auditor shall perform such other duties as
the executive board shall prescribe to accomplish the purposes of this section.
Upon the concurrent request of the chairmen of the senate or house energy and utilities committees, the operating
agency shall report to the committees on a quarterly basis.
[1987 c 505 § 84; 1986 c 158 § 13; 1982 1st ex.s. c 43 § 8;
1981 1st ex.s. c 3 § 4; 1979 ex.s. c 220 § 1.]
Severability—Savings—1982 1st ex.s. c 43: See notes following
RCW 43.52.374.
43.52.380 Member's preference to buy energy—
Apportionment—Surplus. Members shall have a preference right to the purchase of all electric energy generated by
an operating agency. As between members, the amount of
electric energy to which each shall be entitled shall be computed annually and shall be based on the same percentage as
the purchases of such member bore to the total generation of
the operating agency for the preceding year. Surplus electric
energy, that is energy not contracted for by the members, may
be sold to any public utility authorized by law to distribute
and sell electric energy. [1965 c 8 § 43.52.380. Prior: 1953
c 281 § 14.]
43.52.380
43.52.383 Compliance with open public meetings act.
(1) The legislature intends that the business and deliberations
of joint operating agencies conducted by their boards of
directors, executive boards, committees and subcommittees
be conducted openly and with opportunity for public input.
(2) The board of directors, executive board, and all committees or subcommittees thereof shall comply with the provisions of chapter 42.30 RCW, in order to assure adequate
public input and awareness of decisions. [1983 1st ex.s. c 3 §
4.]
43.52.383
43.52.385 Best interest of ratepayers to determine
interest of agency. For the purposes of this chapter, including but not limited to RCW 43.52.343, the best interests of all
ratepayers affected by the joint operating agency and its
projects shall determine the interest of the operating agency
and its board. [1982 1st ex.s. c 43 § 9.]
43.52.385
Severability—Savings—1982 1st ex.s. c 43: See notes following
RCW 43.52.374.
43.52.391 Powers and duties of operating agency.
Except as otherwise provided in this section, a joint operating
agency shall have all powers now or hereafter granted public
utility districts under the laws of this state. It shall not acquire
nor operate any electric distribution properties nor condemn
any properties owned by a public utility which are operated
for the generation and transmission of electric power and
energy or are being developed for such purposes with due diligence under a valid license or permit, nor purchase or
acquire any operating hydroelectric generating plant owned
by any city or district on June 11, 1953, or which may be
acquired by any city or district by condemnation on or after
43.52.391
(2004 Ed.)
Operating Agencies
January 1, 1957, nor levy taxes, issue general obligation
bonds, or create subdistricts. It may enter into any contracts,
leases or other undertakings deemed necessary or proper and
acquire by purchase or condemnation any real or personal
property used or useful for its corporate purposes. Actions in
eminent domain may be instituted in the superior court of any
county in which any of the property sought to be condemned
is located and the court in any such action shall have jurisdiction to condemn property wherever located within the state;
otherwise such actions shall be governed by the same procedure as now or hereafter provided by law for public utility
districts. An operating agency may sell steam or water not
required by it for the generation of power and may construct
or acquire any facilities it deems necessary for that purpose.
An operating agency may make contracts for any term
relating to the purchase, sale, interchange or wheeling of
power with the government of the United States or any
agency thereof and with any municipal corporation or public
utility, within or without the state, and may purchase or
deliver power anywhere pursuant to any such contract. An
operating agency may acquire any coal-bearing lands for the
purpose of assuring a long-term, adequate supply of coal to
supply its needs, both actual and prospective, for the generation of power and may make such contracts with respect to
the extraction, sale or disposal of coal that it deems proper.
Any member of an operating agency may advance or
contribute funds to an agency as may be agreed upon by the
agency and the member, and the agency shall repay such
advances or contributions from proceeds of revenue bonds,
from operating revenues or from any other funds of the
agency, together with interest not to exceed the maximum
specified in RCW 43.52.395(1). The legislative body of any
member may authorize and make such advances or contributions to an operating agency to assist in a plan for termination
of a project or projects, whether or not such member is a participant in such project or projects. Any member who makes
such advances or contributions for terminating a project or
projects in which it is not a participant shall not assume any
liability for any debts or obligations related to the terminated
project or projects on account of such advance or contribution. [1982 c 1 § 1; 1977 ex.s. c 184 § 8; 1965 c 8 §
43.52.391. Prior: 1957 c 295 § 5.]
Severability—1982 c 1: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1982 c 1 § 3.]
Liability to other taxing districts for increased financial burdens: Chapter
54.36 RCW.
43.52.450
by each member to the agency prior to January 21, 1982, and
to all renewals of such advances and contributions. [1989 c
14 § 4; 1982 c 1 § 2.]
Severability—1982 c 1: See note following RCW 43.52.391.
43.52.410
43.52.410 Authority of city or district to contract for
electric energy or falling waters. Any city or district is
authorized to enter into contracts or compacts with any operating agency or a publicly or privately owned public utility
for the purchase and sale of electric energy or falling waters:
PROVIDED, That no city or district may enter into a contract
or compact with an operating agency to purchase electric
energy, or to purchase or participate in a portion of an electrical generating project, that commits the city or district to pay
an amount in excess of an express dollar amount or in excess
of an express rate per unit of electrical energy received.
[1983 c 308 § 1; 1977 ex.s. c 184 § 9; 1965 c 8 § 43.52.410.
Prior: 1953 c 281 § 17.]
43.52.430
43.52.430 Appeals from director of department of
ecology. Any party in interest deeming itself aggrieved by
any order of the director of the department of ecology may
appeal to the superior court of Thurston county by serving
upon the director and filing with clerk of said court within
thirty days after the entry of the order a notice of appeal. The
director shall, within ten days after service of the notice of
appeal, file with the clerk of the court a return containing a
true copy of the order appealed from, together with a transcript of the record of the proceeding before the director, after
which the appeal shall be at issue. The appeal shall be heard
and decided by the court upon the record before the director
and the court may either affirm, set aside, or remand the order
appealed from for further proceedings. Appellate review of
the superior court's decision may be sought as in other civil
cases. [1988 c 202 § 44; 1977 ex.s. c 184 § 10; 1971 c 81 §
113; 1965 c 8 § 43.52.430. Prior: 1953 c 281 § 19.]
Severability—1988 c 202: See note following RCW 2.24.050.
43.52.440
43.52.440 Effect of chapter on "Columbia River
Sanctuary Act." Nothing contained in this chapter shall be
construed to amend, modify or repeal in any manner RCW
77.55.160, commonly known as the "Columbia River Sanctuary Act", and all matter herein contained shall be expressly
subject to such act. [2003 c 39 § 26; 1983 1st ex.s. c 46 § 178;
1965 c 8 § 43.52.440. Prior: 1953 c 281 § 23.]
43.52.450
43.52.395
43.52.395 Maximum interest rate operating agency
may pay member. (1) The maximum rate at which an operating agency shall add interest in repaying a member under
RCW 43.52.391 may not exceed the higher of fifteen percent
per annum or four percentage points above the equivalent
coupon issue yield (as published by the Board of Governors
of the Federal Reserve System) of the average bill rate for
twenty-six week treasury bills as determined at the first bill
market auction conducted during the preceding calendar
month.
(2) The maximum rate specified in subsection (1) of this
section is applicable to all advances and contributions made
(2004 Ed.)
43.52.450 Chapter requirements are cumulative—
Preservation of rights—Not subject to utilities and transportation commission. The provisions of this chapter shall
be cumulative and shall not impair or supersede the powers or
rights of any person, firm or corporation or political subdivision of the state of Washington under any other law. The
rights of all persons, firms, corporations and political subdivisions or operating units of any kind under existing contracts, renewals thereof or supplements thereto, with the
United States, or any agency thereof, for power, are hereby
preserved and such rights shall not be impaired or modified
by any of the provisions of this chapter or any of the powers
granted by this chapter.
[Title 43 RCW—page 283]
43.52.460
Title 43 RCW: State Government—Executive
The rates, services and practices of any operating agency
in respect to the power generated, transmitted or sold by it
shall not be governed by the regulations of the utilities and
transportation commission. [1977 ex.s. c 184 § 11; 1965 c 8
§ 43.52.450. Prior: 1953 c 281 § 10.]
43.52.460
43.52.460 Operating agency to pay in lieu of taxes.
Any joint operating agency formed under this chapter shall
pay in lieu of taxes payments in the same amounts as paid by
public utility districts. Such payments shall be distributed in
accordance with the provisions applicable to public utility
districts: PROVIDED, HOWEVER, That such tax shall not
apply to steam generated electricity produced by a nuclear
steam powered electric generating facility constructed or
acquired by a joint operating agency and in operation prior to
May 17, 1971. [1971 ex.s. c 75 § 1; 1965 c 8 § 43.52.460.
Prior: 1957 c 295 § 10.]
43.52.470
43.52.470 Operating agency—Validity of organization and existence. Except as provided in RCW 43.52.360,
the validity of the organization of any joint operating agency
can be questioned only by action instituted within six months
from the date that the joint operating agency is created. If the
validity of the existence of any joint operating agency is not
challenged within that period, by the filing and service of a
petition or complaint in the action, the state shall be barred
forever from questioning the validity of the joint operating
agency by reason of any defect claimed to exist in the organization thereof, and it shall be deemed validly organized for
all purposes. Any joint operating agency heretofore (March
26, 1957) attempted to be organized pursuant to chapter
43.52 RCW and which has maintained its existence since the
date of such attempted organization, is hereby declared legal
and valid and its organization and creation are validated and
confirmed. [1965 c 8 § 43.52.470. Prior: 1957 c 295 § 11.]
43.52.515
43.52.515 Application of Titles 9 and 9A RCW. All
of the provisions of Titles 9 and 9A RCW apply to actions of
a joint operating agency. [1981 c 173 § 6.]
Severability—1981 c 173: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 173 § 9.]
delivery, or certification of the training programs shall be
paid by the operating agency. [1981 c 301 § 1.]
43.52.525
43.52.525 Security force—Criminal history record
information. An operating agency is authorized to obtain
criminal history record information pursuant to RCW
10.97.050 for any member of an operating agency security
force and for any applicant seeking employment as a member
of an operating agency security force. [1981 c 301 § 2.]
43.52.530
43.52.530 Security force—Powers and duties—Rules
on speed, operation, location of vehicles authorized. (1)
Members of an operating agency security force authorized
under RCW 43.52.520 may use reasonable force to detain,
search, or remove persons who enter or remain without permission within the nuclear power plant site exclusion area or
whenever, upon probable cause, it appears to a member of the
security force that a person has committed or is attempting to
commit a crime. Should any person be detained, the security
force shall immediately notify the law enforcement agency,
having jurisdiction over the nuclear power plant site, of the
detainment. The security force is authorized to detain the person for a reasonable time until custody can be transferred to a
law enforcement officer. Members of a security force may
use that force necessary in the protection of persons and properties located within the confines of the nuclear power plant
site exclusion area.
(2) An operating agency may adopt and enforce rules
controlling the speed, operation, and location of vehicles on
property owned or occupied by the operating agency. Such
rules shall be conspicuously posted and persons violating the
rules may be expelled or detained.
(3) The rights granted in subsection (1) of this section are
in addition to any others that may exist by law including, but
not limited to, the rights granted in RCW 9A.16.020(4).
[1981 c 301 § 3.]
43.52.535
43.52.535 Security force—Membership in retirement system authorized. Members of the operating agency
security force shall be members of the retirement system
under chapter 41.40 RCW. [1981 c 301 § 4.]
43.52.550
43.52.520
43.52.520 Security force—Authorized. An operating
agency constructing or operating a nuclear power plant under
a site certificate issued under chapter 80.50 RCW may establish a security force for the protection and security of each
nuclear power plant site exclusion area. Members of the security force may be supplied with uniforms and badges indicating their position as security force members if the uniforms
and badges do not closely resemble the uniforms or badges of
any law enforcement agency or other agency possessing law
enforcement powers in the surrounding area of the nuclear
power plant exclusion area. Members of the security force
shall enroll in and successfully complete a training program
approved by the criminal justice training commission which
does not conflict with any requirements of the United States
nuclear regulatory commission for the training of security
personnel at nuclear power plants. All costs incurred by the
criminal justice training commission in the preparation,
[Title 43 RCW—page 284]
43.52.550 Plans for repayment of operating agency
obligations maturing prior to planned operation of plant.
Any municipal corporation, cooperative or mutual which has
entered into a contract with an operating agency to participate
in the construction or acquisition of an energy plant as
defined in chapter 80.50 RCW shall annually adopt a plan for
the repayment of its contractual share of any operating
agency obligation which matures prior to the planned operation of the plant. The manner of adoption of the plan shall be
subject to the laws regarding approval of rates of the municipal corporation, cooperative or mutual.
The plan shall include the effect of the means of repayment on its financial condition, its customers' rates, its other
contractual rights and obligations, and any other matter
deemed useful by the participant.
Each such participating municipal corporation, cooperative or mutual shall include a statement of the extent of its
(2004 Ed.)
Operating Agencies
contractual obligation to any operating agency in an annual
financial report. [1981 1st ex.s. c 1 § 4.]
Severability—1981 1st ex.s. c 1: See note following RCW 43.52.250.
43.52.560
4 3 . 5 2 . 5 6 0 C o nt r ac t s f o r m a t e r ia ls o r wo r k
required—Sealed bids. Except as provided otherwise in
this chapter, a joint operating agency shall purchase any item
or items of materials, equipment, or supplies, the estimated
cost of which is more than ten thousand dollars exclusive of
sales tax, or order work for construction of generating
projects and associated facilities, the estimated cost of which
is more than ten thousand dollars exclusive of sales tax, by
contract in accordance with RCW 54.04.070 and 54.04.080,
which require sealed bids for contracts. [2004 c 189 § 1;
1998 c 245 § 69; 1987 c 376 § 1.]
43.52.565
43.52.565 Contracts for materials or work through
competitive negotiation authorized—Selection of contractor. (1) An operating agency may enter into contracts
through competitive negotiation under subsection (2) of this
section for materials, equipment, supplies, or work to be performed during commercial operation of a nuclear generating
project and associated facilities (a) to replace a defaulted contract or a contract terminated in whole or in part, or (b) where
consideration of factors in addition to price, such as technical
knowledge, experience, management, staff, or schedule, is
necessary to achieve economical operation of the project,
provided that the managing director or a designee determines
in writing and the executive board finds that execution of a
contract under this section will accomplish project completion or operation more economically than sealed bids.
(2) The selection of a contractor shall be made in accordance with the following procedures:
(a) Proposals shall be solicited through a request for proposals, which shall state the requirements to be met.
Responses shall describe the professional competence of the
offeror, the technical merits of the offer, and the price.
(b) The request for proposals shall be given adequate
public notice in the same manner as for sealed bids.
(c) As provided in the request for proposals, the operating agency shall specify at a preproposal conference the contract requirements in the request for proposal, which may
include but are not limited to: Schedule, managerial, and
staffing requirements, productivity and production levels,
technical expertise, approved project quality assurance procedures, and time and place for submission of proposals. Any
inquiries and responses thereto shall be confirmed in writing
and shall be sent to all potential offerors.
(d) Proposals shall be opened so as to avoid disclosure of
contents to competing offerors during the process of negotiation. A register of proposals shall be open for public inspection after contract award.
(e) As provided in the request for proposals, invitations
shall be sent to all responsible offerors who submit proposals
to attend discussions for the purpose of clarification to assure
full understanding of, and responsiveness to, the solicitation
requirements. Any inquiries and responses thereto shall be
confirmed in writing and shall be sent to all offerors. Offerors
shall be accorded fair and equal treatment with respect to any
opportunity for discussion and revision of proposals, and
(2004 Ed.)
43.52.580
such revisions may be permitted after submissions and prior
to award for the purpose of obtaining best and final offers. In
conducting discussions, there shall be no disclosure of any
information derived from proposals submitted by competing
offerors.
(f) The operating agency shall execute a contract with
the responsible offeror whose proposal is determined in writing to be the most advantageous to the operating agency and
the state taking into consideration the requirements set forth
in the request for proposals. The contract file shall contain the
basis on which the successful offeror is selected. The operating agency shall conduct a briefing conference on the selection if requested by an offeror.
(g) The contract may be fixed price or cost-reimbursable,
in whole or in part, but not cost-plus-percentage-of-cost.
(h) The operating agency shall retain authority and
responsibility for inspection, testing, and compliance with
applicable regulations or standards of any state or federal
governmental agency. [1998 c 245 § 70; 1994 c 27 § 1; 1987
c 376 § 2.]
43.52.570
43.52.570 Purchase of materials by telephone or
written quotation authorized—Procedure. For the awarding of a contract to purchase any item or items of materials,
equipment, or supplies in an amount exceeding five thousand
dollars but less than seventy-five thousand dollars, exclusive
of sales tax, the managing director or a designee may, in lieu
of sealed bids, secure telephone and/or written quotations
from at least five vendors, where practical, and award contracts for purchase of materials, equipment, or supplies to the
lowest responsible bidder. The agency shall establish a procurement roster, which shall consist of suppliers and manufacturers who may supply materials or equipment to the operating agency, and shall provide for solicitations which will
equitably distribute opportunity for bids among suppliers and
manufacturers on the roster. Immediately after the award is
made, the bid quotations obtained shall be recorded and shall
be posted or otherwise made available for public inspection
and copying pursuant to chapter 42.17 RCW at the office of
the operating agency or any other officially designated location. Waiver of the deposit or bid bond required for sealed
bids may be authorized by the operating agency in securing
the bid quotations. [1987 c 376 § 3.]
43.52.575
43.52.575 Purchase of materials without competition
authorized. When the managing director or a designee
determines in writing that it is impracticable to secure competition for required materials, equipment, or supplies, he or
she may purchase the materials, equipment, or supplies without competition. The term "impracticable to secure competition" means:
(1) When material, equipment, or supplies can be
obtained from only one person or firm (single source of supply); or
(2) When specially designed parts or components are
being procured as replacement parts in support of equipment
specially designed by the manufacturer. [1987 c 376 § 4.]
43.52.580
43.52.580 Emergency purchase of materials or work
by contract. When the managing director or a designee
[Title 43 RCW—page 285]
43.52.585
Title 43 RCW: State Government—Executive
determines in writing that an emergency endangers the public
safety or threatens property damage or that serious financial
injury would result if materials, supplies, equipment, or work
are not obtained by a certain time, and they cannot be contracted for by that time by means of sealed bids, the managing
director or a designee may purchase materials, equipment, or
supplies or may order work by contract in any amount necessary, after having taken precautions to secure a responsive
proposal at the lowest price practicable under the circumstances.
For the purposes of this section the term "serious financial injury" means that the costs attributable to the delay
caused by contracting by sealed bids exceed the cost of materials, supplies, equipment, or work to be obtained. [1987 c
376 § 5.]
43.52.585
43.52.585 Procedures for implementing RCW
43.52.560 through 43.52.580. The executive board shall
establish procedures for implementing RCW 43.52.560
through 43.52.580 by operating agency resolution after
notice, public hearing, and opportunity for public comment.
The procedures shall be established within six months after
July 26, 1987. [1987 c 376 § 6.]
43.52.590
43.52.590 Construction of RCW 43.52.560 through
43.52.585. Nothing in RCW 43.52.560 through 43.52.585
requires reapplication by a joint operating agency in existence on July 26, 1987. [1987 c 376 § 7.]
43.52.595
43.52.595 Contracts for electric power and energy. A
city or district may contract to purchase from an operating
agency electric power and energy required for its present or
future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by
RCW 19.29A.090(3), the contract may include the purchase
of capability of the projects to produce electricity in addition
to the actual output of the projects. The contract may provide
that the city or district must make the payments required by
the contract whether or not a project is completed, operable,
or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a
project or the power and energy contracted for. The contract
may also provide that payments under the contract are not
subject to reduction, whether by offset or otherwise, and shall
not be conditioned upon the performance or nonperformance
of the operating agency or a city or district under the contract
or other instrument. [2003 c 138 § 1.]
43.52.612
43.52.612 Contract bid form. A joint operating agency
shall require that bids upon any construction or improvement
of any nuclear generating project and associated facilities
shall be made upon the contract bid form supplied by the
operating agency, and in no other manner. The operating
agency may, before furnishing any person, firm, or corporation desiring to bid upon any work with a contract bid form,
require from the person, firm, or corporation, answers to
questions contained in a standard form of questionnaire and
financial statement, including a complete statement of the
financial ability and experience of the person, firm, or corporation in performing work. The questionnaire shall be sworn
[Title 43 RCW—page 286]
to before a notary public or other person authorized to take
acknowledgement of deeds and shall be submitted once a
year or at such other times as the operating agency may
require. Whenever the operating agency is not satisfied with
the sufficiency of the answers contained in the questionnaire
and financial statement or whenever the operating agency
determines that the person, firm, or corporation does not meet
all of the requirements set forth in this section, it may refuse
to furnish the person, firm, or corporation with a contract bid
form and any bid of the person, firm, or corporation must be
disregarded. The operating agency shall require that a person,
firm, or corporation have all of the following requirements in
order to obtain a contract form:
(1) Adequate financial resources, the ability to secure
these resources, or the capability to secure a one hundred percent payment and performance bond;
(2) The necessary experience, organization, and technical qualifications to perform the proposed contract;
(3) The ability to comply with the required performance
schedule taking into consideration all of its existing business
commitments;
(4) A satisfactory record of performance, integrity, judgment, and skills; and
(5) Be otherwise qualified and eligible to receive an
award under applicable laws and regulations.
The refusal shall be conclusive unless appealed to the
superior court of the county where the operating agency is situated or Thurston county within fifteen days, which appeal
shall be heard summarily within ten days after the appeal is
made and on five days' notice thereof to the operating agency.
The prevailing party in such litigation shall be awarded
its attorney fees and costs.
The operating agency shall not be required to make
available for public inspection or copying under chapter
42.17 RCW financial information provided under this section. [1982 1st ex.s. c 44 § 5.]
Severability—1982 1st ex.s. c 44: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 44 § 10.]
43.52.910 Construction—1965 c 8. This chapter shall
be liberally construed to effectuate its purposes. [1965 c 8 §
43.52.910. Prior: 1957 c 295 § 12.]
43.52.910
Chapter 43.52A RCW
ELECTRIC POWER AND CONSERVATION
PLANNING COUNCIL—STATE'S MEMBERS
Chapter 43.52A
Sections
43.52A.010 State agreement to participate in Pacific Northwest Electric
Power and Conservation Planning Council.
43.52A.020 Definitions.
43.52A.030 Appointment of members.
43.52A.040 Terms of members—Vacancies—Residence of members.
43.52A.050 Sufficient time on council activities required—Technical
assistance—Reimbursement—Liaison—Report—Compensation—Travel expenses.
43.52A.010 State agreement to participate in Pacific
Northwest Electric Power and Conservation Planning
Council. The state of Washington agrees to participate in the
Pacific Northwest Electric Power and Conservation Planning
43.52A.010
(2004 Ed.)
Uniform Legislation Commission
Council pursuant to the Pacific Northwest Electric Power
Planning and Conservation Act. [1981 c 14 § 1.]
43.52A.020
43.52A.020 Definitions. As used in this chapter:
(1) The term "the act" means the Pacific Northwest Electric Power Planning and Conservation Act.
(2) The term "council" means the Pacific Northwest
Electric Power and Conservation Planning Council. [1981 c
14 § 2.]
43.56.050
(4) The members of the council shall submit to the governor and legislature an annual report describing the activities
and plans of the council.
(5) Each member of the council shall receive compensation to be determined by the governor and applicable federal
law and shall be reimbursed for travel expenses under RCW
43.03.050 and 43.03.060, as now or hereafter amended.
[1981 c 14 § 5.]
Chapter 43.56 RCW
UNIFORM LEGISLATION COMMISSION
Chapter 43.56
43.52A.030
43.52A.030 Appointment of members. The governor,
with the consent of the senate, shall appoint two residents of
Washington state to the council pursuant to the act. These
persons shall undertake the functions and duties of members
of the council as specified in the act and in appropriate state
law. Upon appointment by the governor to the council, the
nominee shall make available to the senate such disclosure
information as is requested for the confirmation process,
including that required in RCW 42.17.241. [1984 c 34 § 8;
1981 c 14 § 3.]
43.52A.040
43.52A.040 Terms of members—Vacancies—Residence of members. (1) Unless removed at the governor's
pleasure, council members shall serve a term ending January
15 of the third year following appointment except that, with
respect to members initially appointed, the governor shall
designate one member to serve a term ending January 15 of
the second year following appointment. Initial appointments
to the council shall be made within thirty days of March 9,
1981.
(2) Each member shall serve until a successor is
appointed, but if a successor is not appointed within sixty
days of the beginning of a new term, the member shall be
considered reappointed, subject to the consent of the senate.
(3) A vacancy on the council shall be filled for the unexpired term by the governor, with the consent of the senate.
(4) For the first available appointment and at all times
thereafter, one member of Washington's delegation to the
council shall reside east of the crest of the Cascade Mountains and one member shall reside west of the crest of the
Cascade Mountains. [1984 c 223 § 1; 1981 c 14 § 4.]
43.52A.050
43.52A.050 Sufficient time on council activities
required—Technical assistance—Reimbursement—Liaison—Report—Compensation—Travel expenses. (1)
Council members shall spend sufficient time on council
activities to fully represent the state of Washington in carrying out the purposes of the act.
(2) State agencies shall provide technical assistance to
council members upon request. The council members shall
request that the council request the administrator of the Bonneville Power Administration to reimburse the state for the
expenses associated with such assistance as provided in the
act.
(3) The members of the council shall maintain liaison
with the governor or his designees and the committees on
energy and utilities, or their successor entities, of the senate
and house of representatives.
(2004 Ed.)
Sections
43.56.010
43.56.020
43.56.040
43.56.050
Appointment of commissioners.
Duties of commission.
Travel expenses of members.
Membership—Code reviser.
43.56.010
43.56.010 Appointment of commissioners. The governor shall appoint three suitable persons as a board of commissioners for the promotion of uniformity of legislation in
the United States. Any vacancy on the board shall be filled by
appointment by the governor. [1965 c 8 § 43.56.010. Prior:
1905 c 59 § 1; RRS § 8204.]
43.56.020
43.56.020 Duties of commission. The board shall
examine the subjects of marriage and divorce, insolvency, the
descent and distribution of property, the execution and probate of wills, and other subjects upon which uniformity of
legislation in the various states is desirable, but which are
outside of the jurisdiction of the congress of the United
States.
It shall confer upon these matters with the commissioners appointed by other states for the same purpose and consider and draft uniform laws to be submitted for approval and
adoption by the several states; and generally devise and recommend such other and further course of action as shall
accomplish such uniformity. [1965 c 8 § 43.56.020. Prior:
1905 c 59 § 2; RRS § 8205.]
43.56.040
43.56.040 Travel expenses of members. No member
of the board shall receive any compensation for his services,
but each member shall be paid travel expenses incurred in the
discharge of official duty in accordance with RCW 43.03.050
and 43.03.060 as now existing or hereafter amended, after the
account thereof has been audited by the board.
The board shall keep a full account of its expenditures
and shall report it in each report. There shall be allowed such
expenses for only one annual meeting of the board within this
state, and for the members in attendance, not oftener than
once in each year, at any conference of commissioners outside of this state. [1975-'76 2nd ex.s. c 34 § 118; 1965 c 8 §
43.56.040. Prior: 1955 c 91 § 1; 1905 c 59 § 4; RRS § 8207.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
43.56.050
43.56.050 Membership—Code reviser. The code
reviser shall serve as an additional member of the board of
commissioners. [2001 c 205 § 1.]
Effective date—2001 c 205: "This act takes effect August 1, 2001."
[2001 c 205 § 2.]
[Title 43 RCW—page 287]
Chapter 43.58
Chapter 43.58
Title 43 RCW: State Government—Executive
Chapter 43.58 RCW
WASHINGTON-OREGON
BOUNDARY COMMISSION
Sections
43.58.050
43.58.060
43.58.070
43.58.090
Oregon-Washington Columbia River boundary compact—
Ratification.
Oregon-Washington Columbia River boundary compact—
Terms and provisions.
Oregon-Washington Columbia River boundary compact—
Transfer of records, etc., to division of archives.
Oregon-Washington Columbia River boundary compact—
Repeal of RCW 43.58.010 through 43.58.040, when.
43.58.050
43.58.050 Oregon-Washington Columbia River
boundary compact—Ratification. The interstate compact
determining the Oregon-Washington boundary on the
Columbia River which was executed on the 21st day of
December, 1956 by the Oregon commission on interstate
cooperation for the state of Oregon and the Washington-Oregon boundary commission for the state of Washington is
hereby ratified and approved. [1965 c 8 § 43.58.050. Prior:
1957 c 90 § 1.]
Reviser's note: The effective date of RCW 43.58.050 was March 13,
1957. State Constitution, Amendment 33, recognizing the modification of
the state's boundaries through appropriate compact procedure, was approved
by the voters on November 4th, 1958, and the governor's proclamation relating thereto was issued on December 4th, 1958.
The Oregon legislature has ratified the compact, see Oregon Revised
Statutes §§ 186.510 and 186.520, effective April 4, 1957. See also, Article
XVI of the Oregon Constitution relating to state boundaries which was
adopted by the people November 4, 1958, effective December 3, 1958.
Congressional ratification is contained in Public Law 85-575, dated
July 31, 1958.
43.58.060
43.58.060 Oregon-Washington Columbia River
boundary compact—Terms and provisions. The terms
and provisions of the compact referred to in RCW 43.58.050
are as follows:
INTERSTATE COMPACT DETERMINING
OREGON-WASHINGTON BOUNDARY ON THE
COLUMBIA RIVER
ARTICLE I. PURPOSE
The boundary between the states of Oregon and Washington along the course of the Columbia River has not been
easy to ascertain because of changes in the main channel of
the river with a result that a state of confusion and dispute
exists and the enforcement and administration of the laws of
the two states has been rendered difficult.
The purpose of this compact is to fix with precision by
reference to stations of longitude and latitude the boundary
between the states of Oregon and Washington from one
marine league due west of the mouth of the Columbia River
to the most easterly point at which the 46th parallel of North
latitude crosses said river, at which point the river ceases to
form the boundary between the two states.
ARTICLE II. DESCRIPTION
The boundary between the states of Oregon and Washington from one marine league due west of the mouth of the
Columbia River to the point at which the last described point
number (# 191) of the boundary as herein determined meets
[Title 43 RCW—page 288]
the 46th parallel of North latitude at 118° 59'10".12 of West
longitude shall be as follows:
Beginning one marine league at sea off the mouth of the
Columbia river at north latitude 46° 15'00".00; running
thence due east to point number 1 of this description, which
point is at north latitude 46° 15'00".00, west longitude 124°
05'00".00; thence from point number 1 continuing upstream
in the channel of the Columbia river by a series of straight
lines connecting the following numbered and described
points in consecutive order.
Point
Number
North
Latitude
West
Longitude
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
46°15'00".00
46°15'51".00
46°16'17".00
46°16'59".50
46°17'28".00
46°17'33".25
46°16'41".50
46°16'03".00
46°14'19".80
46°14'06".00
46°16'09".50
46°15'01".00
46°15'33".30
46°15'23".90
46°15'38".00
46°16'14".60
46°15'46".70
46°14'23".50
46°13'10".50
46°11'29".00
46°10'47".80
46°09'01".00
46°08'33".00
46°09'04".50
46°10'00".00
46°11'20".80
46°11'11".30
46°09'40".00
46°09'24".00
46°08'38".40
46°08'06".00
46°06'20".02
46°06'17".36
124°05'00".00
124°02'02".75
124°01'45".80
124°02'14".40
124°02'07".00
124°01'12".25
124°00'00".00
123°58'11".80
123°55'42".00
123°52'14".50
123°44'20".50
123°41'12".70
123°38'52".80
123°35'05".00
123°32'23".00
123°30'00".00
123°27'51".40
123°25'51".60
123°25'20".50
123°25'43".60
123°25'38".00
123°23'21".50
123°18'45".60
123°15'47".20
123°13'51".20
123°09'55".50
123°07'10".90
123°04'23".50
123°03'22".40
123°02'00".00
123°00'16".00
122°57'44".28
122°57'38".295
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
46°06'14".71
46°05'02".70
46°03'37".50
46°01'53".50
46°00'52".25
45°58'52".00
45°57'40".00
45°55'57".00
45°54'47".00
45°53'05".00
45°52'06".00
45°50'40".00
45°49'31".20
45°48'37".00
45°46'51".00
45°45'34".20
45°44'04".70
45°42'05".00
Description of
Location
122°57'32".31
122°54'11".00
122°52'59".50
122°52'35".50
122°51'17".20
122°50'11".80
122°48'46".80
122°48'18".00
122°48'36".75
122°47'48".30
122°47'01".50
122°47'04".50
122°47'41".00
122°47'40".00
122°46'06".30
122°45'37".00
122°45'32".00
122°46'16".00
a point on the center
line of the Longview
Bridge at center of
main span
(2004 Ed.)
Washington-Oregon Boundary Commission
52
53
54
55
56
57
45°40'50".80
45°39'26".75
45°38'40".00
45°38'17".00
45°37'35".37
45°37'29".47
122°46'24".00
122°45'46".00
122°44'13".00
122°42'47".50
122°41'35".14
122°41'23".855
58
59
60
45°37'26".52
45°37'07".85
45°37'05".938
122°41'18".215
122°40'33".42
122°40'26".939
61
45°37'05".62
122°40'25".86
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
(2004 Ed.)
45°37'03".71
45°36'34".00
45°36'29".80
45°36'20".00
45°35'47".90
45°35'23".50
45°35'01".00
45°34'42".80
45°34'03".00
45°33'49".00
45°34'03".30
45°34'29".50
45°34'33".40
45°34'10".00
45°32'55".20
45°32'38".00
45°32'38".80
45°33'03".25
45°33'55".00
45°34'37".00
45°35'03".00
45°34'53".40
45°35'00".00
45°36'35".00
45°36'53".80
45°36'58".00
45°37'23".00
45°37'59".00
45°38'37".50
45°38'42".00
45°38'40".35
122°40'19".38
122°38'27".00
122°36'21".30
122°35'20".00
122°32'48".00
122°31'24".20
122°29'30".00
122°28'20".50
122°27'09".30
122°26'15".80
122°24'36".50
122°23'25".80
122°22'44".00
122°21'04".00
122°19'49".00
122°17'43".70
122°15'56".70
122°14'24".50
122°11'58".50
122°10'54".00
122°08'25".50
122°06'40".00
122°06'02".00
122°02'35".00
122°01'11".50
122°00'08".50
121°58'54".50
121°57'42".80
121°57'16".50
121°57'01".80
121°56'37".34
43.58.060
93
a point on the center
line of Northern
Pacific Railroad
Bridge
across
C o l u m b i a R i v e r,
which point is at center of 3rd pier south
of the draw span
a point on the center
line of the west highway bridge crossing
the Columbia River
be tween Portland,
Ore. and Vancouver,
Wa s h . , s a i d p o i n t
being 12.0 ft. south
from the center of
pier No. 6 of said
bridge
a point on the center
line of the east highway bridge crossing
the Columbia River
be tween Portland,
Ore. and Vancouver,
Wa s h . , s a i d p o i n t
being 12.0 ft. south
from the center of
pier No. 6 of said
bridge
45°38'40".13
121°56'22".57
94
95
96
45°38'39".82
45°39'17".00
45°39'43".85
121°56'01".46
121°54'25".00
121°53'58".48
97
98
99
100
101
102
103
104
105
106
107
108
45°39'44".81
45°39'45".77
45°40'15".00
45°41'36".80
45°42'24".75
45°41'39".00
45°41'42".00
45°42'19".00
45°42'17".50
45°43'36".00
45°43'15".275
45°43'07".02
121°53'58".16
121°53'57".84
121°54'02".00
121°51'57".00
121°48'36".00
121°44'02".00
121°42'22".00
121°40'02".00
121°37'48".50
121°31'54".30
121°29'52".445
121°29'36".615
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
45°43'04".075
45°42'05".20
45°41'39".25
45°41'35".00
45°42'11".50
45°42'18".00
45°42'00".00
45°41'13".30
45°40'40".50
45°40'17".00
45°39'00".00
45°37'47".00
45°37'00".25
45°36'23".80
45°36'22".50
45°36'29".175
45°36'40".89
121°29'30".96
121°27'41".80
121°25'22".00
121°24'02".00
121°22'17".00
121°20'11".50
121°18'40".00
121°17'10".00
121°14'52".00
121°12'52".50
121°11'57".00
121°11'38".40
121°11'43".00
121°10'57".00
121°10'00".00
121°08'39".84
121°08'22".135
126
127
128
129
130
45°36'43".94
45°36'35".69
45°36'58".44
45°37'06".095
45°37'14".85
121°08'17".53
121°07'50".34
121°07'16".41
121°06'57".58
121°07'02".75
131
132
133
134
135
136
45°37'23".97
45°38'53".13
45°39'09".54
45°39'04".04
45°39'12".08
45°38'54".66
a point at the intersection of the axis of
Bonneville Dam and
the center line of center pier of the spillway of said dam
121°07'08".14
121°05'01".25
121°03'47".80
121°01'57".51
121°00'22".28
120°58'56".33
a point on center line
of bridge at Cascade
Locks, known as
"The Bridge of the
Gods" and in the center of the main span
of said bridge
a point on the center
line of the Hood
River Bridge at the
center of the draw
span of said bridge
a point on the center
li n e of t he D al l a s
B ri d g e a c ro ss t h e
Columbia River at
the center of the main
span of said bridge
a point on the axis of
the Dalles Dam at
Station 48+79 of the
center line survey of
said dam
[Title 43 RCW—page 289]
43.58.070
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
Title 43 RCW: State Government—Executive
45°38'55".91
45°38'58".405
45°39'24".84
45°39'23".58
45°38'24".54
45°38'35".09
45°40'18".79
45°41'11".69
45°42'19".71
45°42'42".58
45°42'57".18
45°43'48".14
45°44'45".12
45°44'47".00
45°44'47".99
45°44'18".49
45°42'37".59
45°42'00".37
45°41'40".42
45°41'58".55
45°42'41".66
45°43'16".74
45°43'33".84
45°45'43".67
45°46'24".09
45°47'07".10
45°48'26".17
45°49'28".29
45°49'41".97
45°50'25".18
45°50'52".00
45°50'45".15
45°51'25".40
45°54'20".70
45°55'10".82
45°55'32".25
45°54'31".37
45°54'23".43
45°55'03".10
45°55'18".10
45°55'51".37
45°55'54".48
45°55'59".59
45°56'10".26
45°56'15".24
45°56'24".05
45°55'58".60
45°55'40".97
45°55'40".26
45°55'58".55
45°56'34".25
45°57'31".28
45°58'09".33
45°58'45".73
46°00'00".00
[Title 43 RCW—page 290]
120°58'49".52
120°58'35".90
120°57'06".97
120°56'34".22
120°54'44".75
120°53'40".72
120°51'15".26
120°47'14".64
120°43'38".83
120°42'10".70
120°41'18".11
120°40'05".19
120°38'01".97
120°37'17".91
120°35'23".91
120°33'29".23
120°31'17".65
120°30'16".48
120°28'53".22
120°24'08".96
120°19'30".62
120°16'56".18
120°12'34".62
120°10'10".01
120°08'25".17
120°04'08".70
120°00'49".27
119°57'52".64
119°54'21".95
119°50'53".51
119°48'05".62
119°46'18".16
119°40'07".80
119°37'20".96
119°35'58".28
119°34'13".67
119°31'24".18
119°29'13".01
119°26'57".35
119°21'48".12
119°19'52".71
119°19'39".28
119°19'17".20
119°17'47".60
119°17'05".76
119°15'21".40
119°13'28".22
119°11'39".82
119°10'05".04
119°07'30".72
119°05'32".00
119°03'37".36
119°01'33".95
119°00'27".12
118°59'10".12
a point on the center
line of the Oregon
Tr u n k R a i l r o a d
Br i d ge a nd i n t h e
center of the 4th pier
from the north end of
said bridge
ARTICLE III. RATIFICATION AND
EFFECTIVE DATE
This compact shall become operative when it has been
ratified by the legislatures of the states of Oregon and Washington and approved by the Congress of the United States and
the Constitutions of the states of Oregon and Washington
have been amended to authorize the establishment of the
boundary as herein provided. [1965 c 8 § 43.58.060. Prior:
1957 c 90 § 2.]
43.58.070
43.58.070 Oregon-Washington Columbia River
boundary compact—Transfer of records, etc., to division
of archives. Upon ratification by the state of Oregon and
approval by the Congress of the United States of the compact
set forth in RCW 43.58.060, the secretary of the WashingtonOregon boundary commission is hereby directed to transmit
all records, work sheets, maps, minutes and other papers of
said commission to the division of archives and records management of the office of the secretary of state. [1981 c 115 §
3; 1965 c 8 § 43.58.070. Prior: 1957 c 90 § 3.]
Effective date—1981 c 115: See note following RCW 40.14.020.
43.58.090
43.58.090 Oregon-Washington Columbia River
boundary compact—Repeal of RCW 43.58.010 through
43.58.040, when. Chapter 27, Laws of 1937, as amended by
chapter 6, Laws of 1955 extraordinary session and chapter
43.58 RCW [RCW 43.58.010 through 43.58.040] each shall
be repealed when the compact set forth in RCW 43.58.060
has been ratified by the state of Oregon and approved by the
Congress of the United States. [1965 c 8 § 43.58.090. Prior:
1957 c 90 § 5.]
Reviser's note: See note following RCW 43.58.050.
Chapter 43.59
Chapter 43.59 RCW
TRAFFIC SAFETY COMMISSION
Sections
43.59.010
43.59.020
a point on the center
line of the Umatilla
Bridge at the center
of t h e n o rt h m a i n
span of said bridge
a point on the axis of
McNary Dam at the
north face of the
south nonoverflow
section
43.59.030
43.59.040
43.59.050
43.59.060
43.59.070
43.59.080
43.59.140
43.59.150
43.59.150
Purpose—Finding.
Governor responsible for administration of traffic safety program—Acceptance and disbursal of federal funds.
Members of commission—Appointment—Vacancies—Governor's designee to act during governor's absence.
Powers and duties of commission.
Meetings—Travel expenses of members.
Director of commission—Appointment—Salary.
Director's duties—Staff—Rules and regulations.
Governor's duties as chairman.
Driving while under the influence of intoxicating liquor or any
drug—Information and education.
Bicycle and pedestrian safety—Committee and account (as
amended by 1999 c 351).
Bicycle and pedestrian safety—Committee and account (as
amended by 1999 c 372).
43.59.010
43.59.010 Purpose—Finding. (1) The purpose of this
chapter is to establish a new agency of state government to be
known as the Washington traffic safety commission. The
functions and purpose of this commission shall be to find
solutions to the problems that have been created as a result of
the tremendous increase of motor vehicles on our highways
and the attendant traffic death and accident tolls; to plan and
supervise programs for the prevention of accidents on streets
and highways including but not limited to educational cam(2004 Ed.)
Traffic Safety Commission
paigns designed to reduce traffic accidents in cooperation
with all official and unofficial organizations interested in
traffic safety; to coordinate the activities at the state and local
level in the development of statewide and local traffic safety
programs; to promote a uniform enforcement of traffic safety
laws and establish standards for investigation and reporting
of traffic accidents; to promote and improve driver education;
and to authorize the governor to perform all functions
required to be performed by him under the federal Highway
Safety Act of 1966 (Public Law 89-564; 80 Stat. 731).
(2) The legislature finds and declares that bicycling and
walking are becoming increasingly popular in Washington as
clean and efficient modes of transportation, as recreational
activities, and as organized sports. Future plans for the state's
transportation system will require increased access and safety
for bicycles and pedestrians on our common roadways, and
federal transportation legislation and funding programs have
created strong incentives to implement these changes
quickly. As a result, many more people are likely to take up
bicycling in Washington both as a leisure activity and as a
convenient, inexpensive form of transportation. Bicyclists
are more vulnerable to injury and accident than motorists,
and should be as knowledgeable as possible about traffic
laws, be highly visible and predictable when riding in traffic,
and be encouraged to wear bicycle safety helmets. Hundreds
of bicyclists and pedestrians are seriously injured every year
in accidents, and millions of dollars are spent on health care
costs associated with these accidents. There is clear evidence
that organized training in the rules and techniques of safe and
effective cycling can significantly reduce the incidence of
serious injury and accidents, increase cooperation among
road users, and significantly increase the incidence of bicycle
helmet use, particularly among minors. A reduction in accidents benefits the entire community. Therefore it is appropriate for businesses and community organizations to provide
donations to bicycle and pedestrian safety training programs.
[1998 c 165 § 2; 1967 ex.s. c 147 § 1.]
Short title—1998 c 165: "This act may be known and cited as the Cooper Jones Act." [1998 c 165 § 1.]
Driver education courses: Chapter 28A.220 RCW.
Drivers' training schools: Chapter 46.82 RCW.
43.59.020
43.59.020 Governor responsible for administration
of traffic safety program—Acceptance and disbursal of
federal funds. The governor shall be responsible for the
administration of the traffic safety program of the state and
shall be the official of the state having ultimate responsibility
for dealing with the federal government with respect to all
programs and activities of the state and local governments
pursuant to the Highway Safety Act of 1966 (Public Law 89564; 80 Stat. 731). The governor is authorized and empowered to accept and disburse federal grants or other funds or
donations from any source for the purpose of improving traffic safety programs in the state of Washington, and is hereby
empowered to contract and to do all other things necessary in
behalf of this state to secure the full benefits available to this
state under the federal Highway Safety Act of 1966 (Public
Law 89-564; 80 Stat. 731) and in so doing, to cooperate with
federal and state agencies, agencies private and public, interested organizations, and with individuals, to effectuate the
(2004 Ed.)
43.59.050
purposes of that enactment, and any and all subsequent
amendments thereto. [1967 ex.s. c 147 § 2.]
43.59.030
43.59.030 Members of commission—Appointment—
Vacancies—Governor's designee to act during governor's
absence. The governor shall be assisted in his duties and
responsibilities by the Washington state traffic safety commission. The Washington traffic safety commission shall be
composed of the governor as chairman, the superintendent of
public instruction, the director of licensing, the secretary of
transportation, the chief of the state patrol, the secretary of
health, the secretary of social and health services, a representative of the association of Washington cities to be appointed
by the governor, a member of the association of counties to
be appointed by the governor, and a representative of the
judiciary to be appointed by the governor. Appointments to
any vacancies among appointee members shall be as in the
case of original appointment.
The governor may designate an employee of the governor's office to act on behalf of the governor during the
absence of the governor at one or more of the meetings of the
commission. The vote of the designee shall have the same
effect as if cast by the governor if the designation is in writing
and is presented to the person presiding at the meetings
included within the designation.
The governor may designate a member to preside during
the governor's absence. [1991 c 3 § 298; 1982 c 30 § 1; 1979
c 158 § 105; 1971 ex.s. c 85 § 7; 1969 ex.s. c 105 § 1; 1967
ex.s. c 147 § 3.]
43.59.040
43.59.040 Powers and duties of commission. In addition to other responsibilities set forth in this chapter the commission shall:
(1) Advise and confer with the governing authority of
any political subdivision of the state deemed eligible under
the federal Highway Safety Act of 1966 (Public Law 89-564;
80 Stat. 731) for participation in the aims and programs and
purposes of that act;
(2) Advise and confer with all agencies of state government whose programs and activities are within the scope of
the Highway Safety Act including those agencies that are not
subject to direct supervision, administration, and control by
the governor under existing laws;
(3) Succeed to and be vested with all powers, duties, and
jurisdictions previously vested in the Washington state safety
council;
(4) Carry out such other responsibilities as may be consistent with this chapter. [1983 1st ex.s. c 14 § 1; 1967 ex.s.
c 147 § 4.]
43.59.050
43.59.050 Meetings—Travel expenses of members.
The commission shall meet at least quarterly and shall have
such special meetings as may be required. Members of the
commission shall receive no additional compensation for
their services except that which shall be allowed as travel
expenses in accordance with RCW 43.03.050 and 43.03.060
as now existing or hereafter amended. [1975-'76 2nd ex.s. c
34 § 120; 1967 ex.s. c 147 § 6.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
[Title 43 RCW—page 291]
43.59.060
Title 43 RCW: State Government—Executive
43.59.060
43.59.060 Director of commission—Appointment—
Salary. The governor as chairman of the commission shall
appoint a person to be director of the Washington traffic
safety commission which director shall be paid such salary as
shall be deemed reasonable and shall serve at the pleasure of
the governor. [1967 ex.s. c 147 § 7.]
safety commission for the purposes of bicycle and pedestrian safety programs established under this section, the appropriations from the highway
safety account for this purpose shall lapse. [1999 c 372 § 9; 1998 c 165 § 3.]
Reviser's note: RCW 43.59.150 was amended twice during the 1999
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Short title—1998 c 165: See note following RCW 43.59.010.
43.59.070
43.59.070 Director's duties—Staff—Rules and regulations. The director shall be secretary of the commission
and shall be responsible for carrying into effect the commission's orders and rules and regulations promulgated by the
commission. The director shall also be authorized to employ
such staff as is necessary pursuant to the provisions of chapter 41.06 RCW. The commission shall adopt such rules and
regulations as shall be necessary to carry into effect the purposes of this chapter. [1967 ex.s. c 147 § 8.]
43.59.080
43.59.080 Governor's duties as chairman. The governor as chairman of said commission shall have the authority
to appoint advisory committees as he may deem advisable to
aid, advise and assist the commission in carrying out the purposes of this chapter. All actions and decisions, however,
shall be made by the commission. [1967 ex.s. c 147 § 9.]
43.59.140
43.59.140 Driving while under the influence of intoxicating liquor or any drug—Information and education.
The Washington traffic safety commission shall produce and
disseminate through all possible media, informational and
educational materials explaining the extent of the problems
caused by drinking drivers, the need for public involvement
in their solution, and the penalties of existing and new laws
against driving while under the influence of intoxicating
liquor or any drug. [1991 c 290 § 4; 1983 c 165 § 42.]
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
43.59.150
43.59.150 Bicycle and pedestrian safety—Committee and account
(as amended by 1999 c 351). (1) The Washington state traffic safety commission shall establish a program for improving bicycle and pedestrian
safety, and shall cooperate with the stakeholders and independent representatives to form an advisory committee to develop programs and create public
private partnerships which promote bicycle and pedestrian safety. The traffic
safety commission shall periodically report and make recommendations to
the legislative transportation committee ((and the fiscal committees of the
house of representatives and the senate by December 1, 1998, regarding the
conclusions of the advisory)) on the progress of the bicycle and pedestrian
safety committee.
(2) The bicycle and pedestrian safety account is created in the state
treasury to support bicycle and pedestrian education or safety programs. ((To
the extent that private contributions are received by the traffic safety commission for the purposes of bicycle and pedestrian safety programs established under this section, the appropriations from the highway safety account
for this purpose shall lapse.)) [1999 c 351 § 1; 1998 c 165 § 3.]
43.59.150
43.59.150 Bicycle and pedestrian safety—Committee and account
(as amended by 1999 c 372). (1) The Washington state traffic safety commission shall establish a program for improving bicycle and pedestrian
safety, and shall cooperate with the stakeholders and independent representatives to form an advisory committee to develop programs and create public
private partnerships which promote bicycle and pedestrian safety. ((The traffic safety commission shall report and make recommendations to the legislative transportation committee and the fiscal committees of the house of representatives and the senate by December 1, 1998, regarding the conclusions
of the advisory committee.))
(2) The bicycle and pedestrian safety account is created in the state
treasury. To the extent that private contributions are received by the traffic
[Title 43 RCW—page 292]
Chapter 43.60A RCW
DEPARTMENT OF VETERANS AFFAIRS
Chapter 43.60A
Sections
43.60A.010 Definitions.
43.60A.020 Department created—Transfer of powers, duties, and functions to department.
43.60A.030 Director—Qualifications—Salary—Vacancy.
43.60A.040 General powers and duties of director.
43.60A.050 Assistants—Executive staff—Deputy.
43.60A.060 Delegation of powers and duties.
43.60A.070 Additional powers and duties of director.
43.60A.075 Powers as to state veterans' homes.
43.60A.080 Veterans affairs advisory committee—Created—Membership—Terms—Powers and duties.
43.60A.100 Counseling services—War-affected veterans.
43.60A.110 Counseling—Coordination of programs.
43.60A.120 Counseling—Priority.
43.60A.130 Counseling—Posttraumatic stress disorder and combat stress
program.
43.60A.900 Transfer of personnel of department of social and health services engaged in veterans' services—Rights preserved.
43.60A.901 Transfer of property, records, funds, assets of agencies whose
functions are transferred to department.
43.60A.902 Rules and regulations, pending business, contracts, of agencies
whose functions are transferred to department to be continued—Savings.
43.60A.903 Certification when apportionments of budgeted funds required
because of transfers.
43.60A.904 Federal programs—Rules and regulations—Internal reorganization to meet federal requirements—Construction to comply with federal law—Conflicting parts inoperative.
43.60A.905 Savings—1975-'76 2nd ex.s. c 115.
43.60A.906 Collective bargaining units or agreements not altered.
43.60A.907 Liberal construction—1975-'76 2nd ex.s. c 115.
43.60A.908 Severability—1975-'76 2nd ex.s. c 115.
Veterans and veterans' affairs: Title 73 RCW.
43.60A.010 Definitions. As used in this chapter the following words and phrases shall have the following meanings
unless the context clearly requires otherwise:
(1) "Department" means the department of veterans
affairs;
(2) "Director" means the director of the department of
veterans affairs;
(3) "Committee" means the veterans affairs advisory
committee. [1975-'76 2nd ex.s. c 115 § 1.]
43.60A.010
43.60A.020 Department created—Transfer of powers, duties, and functions to department. There is hereby
created a department of state government to be known as the
department of veterans affairs. All powers, duties, and functions now or through action of this legislature vested by law
in the department of social and health services relating to veterans and veteran affairs are transferred to the department,
except those powers, duties, and functions which are
expressly directed elsewhere by law. Powers, duties, and
functions to be transferred shall include, but not be limited to,
all those powers, duties, and functions involving cooperation
with other governmental units, such as cities and counties, or
with the federal government, in particular those concerned
43.60A.020
(2004 Ed.)
Department of Veterans Affairs
with participation in federal grants-in-aid programs. Also
transferred to the department shall be the powers, duties, and
functions of the bonus division of the treasurer's office:
PROVIDED, That such transfer shall not occur until the
bonus division completes its current duties of accepting and
processing bonus claims arising from the Vietnam conflict.
This section shall not be construed to continue the powers,
duties and functions of said bonus division beyond a time
when such powers, duties or functions would otherwise
cease. [1975-'76 2nd ex.s. c 115 § 2.]
43.60A.030
43.60A.030 Director—Qualifications—Salary—
Vacancy. The executive head and appointing authority of
the department shall be the director of veterans affairs. The
director shall be an honorably discharged or retired veteran of
the armed forces of the United States and shall be appointed
by the governor with the consent of the senate and shall serve
at the pleasure of the governor. The director shall be paid a
salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. If a vacancy occurs in the position of director while the senate is not in session, the governor
shall make a temporary appointment until the next meeting of
the senate, when the governor shall present the nomination
for the office to that body. [1975-'76 2nd ex.s. c 115 § 3.]
43.60A.040
43.60A.040 General powers and duties of director.
The director of the department of veterans affairs shall have
the power and it shall be the director's duty:
(1) To conduct, control, and supervise the department;
(2) To appoint and employ and to determine the powers
and duties together with the salaries and other expenses of
such clerical and other personnel, subject to the provisions of
chapter 41.06 RCW, as are necessary to carry out the duties
of the department; and
(3) To perform all other matters and things, whether similar to the foregoing or not, to carry out the provisions of this
chapter. [1975-'76 2nd ex.s. c 115 § 4.]
43.60A.050
43.60A.050 Assistants—Executive staff—Deputy.
The director may appoint such assistants and executive staff
as shall be needed to administer the department, all of whom
shall be veterans. The director shall designate a deputy from
the executive staff who shall have charge and general supervision of the department in the absence or disability of the
director, and in case of a vacancy in the office of director,
shall continue in charge of the department until a successor is
appointed and qualified, or until the governor shall appoint an
acting director. [1975-'76 2nd ex.s. c 115 § 5.]
Certain personnel of department exempted from state civil service law:
RCW 41.06.077.
43.60A.060
43.60A.060 Delegation of powers and duties. The
director may delegate any power or duty vested in or transferred to the director by law or executive order to a deputy
director or to any other assistant or subordinate, but the director shall be responsible for the official acts of the officers and
employees of the department. [1975-'76 2nd ex.s. c 115 § 6.]
(2004 Ed.)
43.60A.080
43.60A.070 Additional powers and duties of director.
In addition to other powers and duties, the director is authorized:
(1) To cooperate with officers and agencies of the United
States in all matters affecting veterans affairs;
(2) To accept grants, donations, and gifts on behalf of
this state for veterans affairs from any person, corporation,
government, or governmental agency, made for the benefit of
a former member of the armed forces of this or any other
country;
(3) To be custodian of all the records and files of the
selective service system in Washington that may be turned
over to this state by the United States or any department,
bureau, or agency thereof; and to adopt and promulgate such
rules and regulations as may be necessary for the preservation
of such records and the proper use thereof in keeping with
their confidential nature;
(4) To act without bond as conservator of the estate of a
beneficiary of the veterans administration when the director
determines no other suitable person will so act;
(5) To extend on behalf of the state of Washington such
assistance as the director shall determine to be reasonably
required to any veteran and to the dependents of any such veteran;
(6) To adopt rules pursuant to chapter 34.05 RCW, the
Administrative Procedure Act, with respect to all matters of
administration to carry into effect the purposes of this section. Such proposed rules shall be submitted by the department at the time of filing notice with the code reviser as
required by RCW 34.05.320 to the respective legislative
committees of the senate and of the house of representatives
dealing with the subject of veteran affairs legislation through
the offices of the secretary of the senate and chief clerk of the
house of representatives. [1989 c 175 § 108; 1975-'76 2nd
ex.s. c 115 § 8.]
43.60A.070
Effective date—1989 c 175: See note following RCW 34.05.010.
43.60A.075 Powers as to state veterans' homes. The
director of the department of veterans affairs shall have full
power to manage and govern the state soldiers' home and colony, the Washington veterans' home, and the eastern Washington veterans' home. [2001 2nd sp.s. c 4 § 7; 1977 c 31 §
5.]
43.60A.075
43.60A.080 Veterans affairs advisory committee—
Created—Membership—Terms—Powers and duties. (1)
There is hereby created a veterans affairs advisory committee
which shall serve in an advisory capacity to the governor and
the director of the department of veterans affairs. The committee shall be composed of seventeen members to be
appointed by the governor, and shall consist of the following:
(a) One representative of the Washington soldiers' home
and colony at Orting and one representative of the Washington veterans' home at Retsil. Each home's resident council
may nominate up to three individuals whose names are to be
forwarded by the director to the governor. In making the
appointments, the governor shall consider these recommendations or request additional nominations.
(b) One representative each from the three congressionally chartered or nationally recognized veterans service organizations as listed in the current "Directory of Veterans Ser43.60A.080
[Title 43 RCW—page 293]
43.60A.100
Title 43 RCW: State Government—Executive
vice Organizations" published by the United States department of veterans affairs with the largest number of active
members in the state of Washington as determined by the
director. The organizations' state commanders may each submit a list of three names to be forwarded to the governor by
the director. In making the appointments, the governor shall
consider these recommendations or request additional nominations.
(c) Ten members shall be chosen to represent those congressionally chartered or nationally recognized veterans service organizations listed in the directory under (b) of this subsection and having at least one active chapter within the state
of Washington. Up to three nominations may be forwarded
from each organization to the governor by the director. In
making the appointments, the governor shall consider these
recommendations or request additional nominations.
(d) Two members shall be veterans at large. Any individual or organization may nominate a veteran for an at-large
position. Organizational affiliation shall not be a prerequisite
for nomination or appointment. All nominations for the atlarge positions shall be forwarded by the director to the governor.
(e) No organization shall have more than one official
representative on the committee at any one time.
(f) In making appointments to the committee, care shall
be taken to ensure that members represent all geographical
portions of the state and minority viewpoints, and that the
issues and views of concern to women veterans are represented.
(2) All members shall have terms of four years. In the
case of a vacancy, appointment shall be only for the remainder of the unexpired term for which the vacancy occurs. No
member may serve more than two consecutive terms, with
vacancy appointments to an unexpired term not considered as
a term. Members appointed before June 11, 1992, shall continue to serve until the expiration of their current terms; and
then, subject to the conditions contained in this section, are
eligible for reappointment.
(3) The committee shall adopt an order of business for
conducting its meetings.
(4) The committee shall have the following powers and
duties:
(a) To serve in an advisory capacity to the governor and
the director on matters pertaining to the department of veterans affairs;
(b) To acquaint themselves fully with the operations of
the department and recommend such changes to the governor
and the director as they deem advisable.
(5) Members of the committee shall receive no compensation for the performance of their duties but shall receive a
per diem allowance and mileage expense according to the
provisions of chapter 43.03 RCW. [1995 c 25 § 1; 1992 c 35
§ 1; 1987 c 59 § 1; 1985 c 63 § 1; 1983 c 34 § 1; 1977 ex.s. c
285 § 1; 1975-'76 2nd ex.s. c 115 § 14.]
43.60A.100 Counseling services—War-affected veterans. The department of veterans affairs, to the extent funds
are made available, shall: (1) Contract with professional
counseling specialists to provide a range of direct treatment
services to war-affected state veterans and to those national
guard and reservists who served in the Middle East, and their
43.60A.100
[Title 43 RCW—page 294]
family members; (2) provide additional treatment services to
Washington state Vietnam veterans for post traumatic stress
disorder, particularly for those veterans whose post traumatic
stress disorder has intensified or initially emerged due to the
war in the Middle East; (3) provide an educational program
designed to train primary care professionals, such as mental
health professionals, about the effects of war-related stress
and trauma; (4) provide informational and counseling services for the purpose of establishing and fostering peer-support networks throughout the state for families of deployed
members of the reserves and the Washington national guard;
(5) provide for veterans' families, a referral network of community mental health providers who are skilled in treating
deployment stress, combat stress, and post traumatic stress.
[1991 c 55 § 1.]
43.60A.110
43.60A.110 Counseling—Coordination of programs.
The department shall coordinate the programs contained in
RCW 43.60A.100 with the services offered by the department of social and health services, local mental health organizations, and the federal department of veterans affairs to
minimize duplication. [1991 c 55 § 2.]
43.60A.120
43.60A.120 Counseling—Priority. The department of
veterans affairs shall give priority in its counseling and
instructional programs to treating state veterans located in
rural areas of the state, especially those who are members of
traditionally underserved minority groups, and women veterans. [1991 c 55 § 3.]
43.60A.130
43.60A.130 Counseling—Posttraumatic stress disorder and combat stress program. The department of veterans affairs shall design its posttraumatic stress disorder and
combat stress programs and related activities to provide veterans with as much privacy and confidentiality as possible
and yet consistent with sound program management. [1991 c
55 § 4.]
43.60A.900
43.60A.900 Transfer of personnel of department of
social and health services engaged in veterans' services—
Rights preserved. All employees and personnel of the
department of social and health services directly engaged in
services to veterans shall, on June 25, 1976, be transferred to
the jurisdiction of the department of veterans affairs. All
employees classified under chapter 41.06 RCW, the state
civil service law, shall be assigned to the department to perform their usual duties upon the same terms as formerly,
without any loss of rights, subject to any action that may be
appropriate thereafter in accordance with the laws and rules
governing the state civil service law. [1975-'76 2nd ex.s. c
115 § 9.]
43.60A.901
43.60A.901 Transfer of property, records, funds,
assets of agencies whose functions are transferred to
department. All reports, documents, surveys, books,
records, files, papers, or other writings in the possession of all
departments and agencies of state government concerned
with veterans services, and pertaining to the functions
affected by this chapter, shall be delivered to the custody of
the department of veterans affairs. All cabinets, furniture,
(2004 Ed.)
Veterans' Rehabilitation Council
office equipment, motor vehicles, and other tangible property
employed in carrying out the powers and duties transferred
by this chapter shall be made available to the department. All
funds, credits, or other assets held in connection with the
functions transferred by this chapter shall be assigned to the
department.
Any appropriations made to the department of social and
health services or other departments or agencies affected by
this chapter for the purpose of carrying out the powers and
duties transferred by this chapter, shall on June 25, 1976, be
transferred and credited to the department of veterans affairs
for the purpose of carrying out such transferred powers and
duties.
Whenever any question arises as to the transfer of any
funds, including unexpended balances within any accounts,
books, documents, records, papers, files, equipment, or any
other tangible property used or held in the exercise of the
powers and the performance of the duties and functions transferred under this chapter, the director of financial management or successor thereto shall make a determination as to the
proper allocation and certify the same to the state departments and agencies concerned. [1979 c 151 § 125; 1975-'76
2nd ex.s. c 115 § 10.]
43.60A.902
43.60A.902 Rules and regulations, pending business,
contracts, of agencies whose functions are transferred to
department to be continued—Savings. All rules and regulations, and all pending business before the departments and
agencies or divisions thereof affected by this chapter pertaining to matters transferred by this chapter, as of June 25, 1976,
shall be continued and acted upon by the department. All
existing contracts and obligations pertaining to the functions
transferred by this chapter shall remain in full force and
effect, and shall be performed by the department. Neither the
transfer of any department or agency, or division thereof, nor
any transfer of powers, duties, and functions, shall affect the
validity of any act performed by such department or agency
or division thereof or any officer or employee thereof prior to
June 25, 1976. [1975-'76 2nd ex.s. c 115 § 11.]
43.60A.903
43.60A.903 Certification when apportionments of
budgeted funds required because of transfers. If apportionments of budgeted funds are required because of the
transfers authorized by this chapter, the director of financial
management shall certify such apportionments to the agencies affected, the state auditor, and the state treasurer. Each of
these shall make the appropriate transfer and adjustments in
funds and appropriation accounts and equipment records in
accordance with such certification. [1979 c 151 § 126; 1975'76 2nd ex.s. c 115 § 12.]
43.60A.904
43.60A.904 Federal programs—Rules and regulations—Internal reorganization to meet federal requirements—Construction to comply with federal law—Conflicting parts inoperative. In furtherance of the policy of the
state to cooperate with the federal government in all of the
programs included in this chapter, such rules and regulations
as may become necessary to entitle the state to participate in
federal funds may be adopted, unless the same be expressly
prohibited by law. Any internal reorganization carried out
(2004 Ed.)
Chapter 43.61
under the terms of this chapter shall meet federal requirements which are a necessary condition to state receipt of federal funds. Any section or provision of this chapter which
may be susceptible to more than one construction shall be
interpreted in favor of the construction most likely to comply
with federal laws entitling this state to receive federal funds
for the various programs of the department. If any part of this
chapter is ruled to be in conflict with federal requirements
which are a prescribed condition of the allocation of federal
funds to the state, or to any departments or agencies thereof,
such conflicting part of this chapter is declared to be inoperative solely to the extent of the conflict. [1975-'76 2nd ex.s. c
115 § 13.]
43.60A.905
43.60A.905 Savings—1975-'76 2nd ex.s. c 115. Nothing in this chapter shall be construed to affect any existing
rights acquired under RCW 43.17.010, 43.17.020, 43.61.030,
43.61.040, or 43.61.070, as now or hereafter amended, except
as to the governmental agencies referred to and their officials
and employees, nor as affecting any actions, activities, or
proceedings validated thereunder, nor as affecting any civil
or criminal proceedings instituted thereunder, nor any rule,
regulation, or order promulgated thereunder, nor any administrative action taken thereunder; and neither the abolition of
any agency or division thereof nor any transfer of powers,
duties, and functions as provided herein, shall affect the
validity of any act performed by such agency or division
thereof or any officer thereof prior to June 25, 1976. [1983 c
3 § 112; 1975-'76 2nd ex.s. c 115 § 15.]
43.60A.906
43.60A.906 Collective bargaining units or agreements not altered. Nothing contained in this chapter shall
be construed to alter any existing collective bargaining unit
or the provisions of any existing collective bargaining agreement until any such agreement has expired or until any such
bargaining unit has been modified by action of the Washington personnel resources board as provided by law. [1993 c
281 § 52; 1975-'76 2nd ex.s. c 115 § 16.]
Effective date—1993 c 281: See note following RCW 41.06.022.
43.60A.907
43.60A.907 Liberal construction—1975-'76 2nd ex.s.
c 115. The rule of strict construction shall have no application to this chapter and it shall be liberally construed in order
to carry out the objective for which it is designed, in accordance with the legislative intent to give the director the maximum possible freedom in carrying the provisions of this
chapter into effect. [1975-'76 2nd ex.s. c 115 § 17.]
43.60A.908
43.60A.908 Severability—1975-'76 2nd ex.s. c 115. If
any provision of this amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1975-'76 2nd ex.s. c 115 § 25.]
Chapter 43.61 RCW
VETERANS' REHABILITATION COUNCIL
Chapter 43.61
Sections
43.61.030
Contracts with veterans' organizations to provide veterans services—Use of funds.
[Title 43 RCW—page 295]
43.61.030
43.61.040
43.61.060
43.61.070
Title 43 RCW: State Government—Executive
Director of veterans affairs to make rules and regulations—
Veteran services—Annual report.
Donations may be accepted—Procedure for allotment and use.
Payments to veterans' organizations—Approval by director of
veterans affairs.
Department of veterans affairs: Chapter 43.60A RCW.
of veterans affairs and insofar as possible shall be made on an
equitable basis for work done. [1975-'76 2nd ex.s. c 115 §
24; 1970 ex.s. c 18 § 36; 1965 c 8 § 43.61.070. Prior: 1947 c
110 § 7; RRS § 10758-106.]
Savings—Construction—Severability—1975-'76 2nd ex.s. c 115:
See RCW 43.60A.905, 43.60A.907, 43.60A.908.
43.61.030
43.61.030 Contracts with veterans' organizations to
provide veterans services—Use of funds. The director of
veterans affairs is empowered to contract with any veterans'
organizations, now or hereafter chartered by act of congress
to provide veterans services. All sums paid to veterans' organizations under contract shall be used by the organizations as
specified in the contract in the maintenance of a rehabilitation
service and to assist veterans in the prosecution of their
claims and the solution of their problems arising out of military service. Such service and assistance shall be rendered all
veterans and their dependents and also all beneficiaries of any
military claim, and shall include but not be limited to those
services now rendered by the service departments of the
respective member organizations. [1983 c 260 § 1; 1975-'76
2nd ex.s. c 115 § 21; 1971 ex.s. c 189 § 5; 1970 ex.s. c 18 §
33; 1965 c 8 § 43.61.030. Prior: 1947 c 110 § 6; RRS §
10758-105.]
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
Chapter 43.62 RCW
DETERMINATION OF POPULATIONS—
STUDENT ENROLLMENTS
Chapter 43.62
Sections
43.62.010
43.62.020
43.62.030
43.62.035
43.62.040
43.62.050
Office of financial management—Population studies—Expenditures.
Method of allocating state funds to cities and towns prescribed.
Determination of population—Cities and towns—Certificate—Allocation of state funds.
Determining population—Projections.
Assistance to office of financial management—Determination
by office of financial management conclusive.
Student enrollment forecasts—Report.
43.62.010
Savings—Construction—Severability—1975-'76 2nd ex.s. c 115:
See RCW 43.60A.905, 43.60A.907, 43.60A.908.
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
43.61.040
43.61.040 Director of veterans affairs to make rules
and regulations—Veteran services—Annual report. The
director of veterans affairs shall make such rules and regulations as may be necessary to carry out the purposes of this
chapter. The department shall furnish information, advice,
and assistance to veterans and coordinate all programs and
services in the field of veterans' claims service, education,
health, vocational guidance and placement, and services not
provided by some other agency of the state or by the federal
government. The director shall submit a report of the departments' activities hereunder each year to the governor. [1977
c 75 § 60; 1975-'76 2nd ex.s. c 115 § 22; 1971 ex.s. c 189 § 6;
1970 ex.s. c 18 § 34; 1965 c 8 § 43.61.040. Prior: 1947 c 110
§ 3; RRS § 10758-102.]
Savings—Construction—Severability—1975-'76 2nd ex.s. c 115:
See RCW 43.60A.905, 43.60A.907, 43.60A.908.
Effective date—Severability—1970 ex.s. c 18: See notes following
RCW 43.20A.010.
43.61.060
43.61.060 Donations may be accepted—Procedure
for allotment and use. The department of veterans affairs
may receive gifts, donations, and grants from any person or
agency and all such gifts, donations, and grants shall be
placed in the general fund and may be allotted and used in
accordance with the donors' instructions as an unanticipated
receipt pursuant to RCW 43.79.270 through 43.79.282 as
now existing or hereafter amended. [1979 ex.s. c 59 § 1;
1971 ex.s. c 189 § 7; 1965 c 8 § 43.61.060. Prior: 1947 c 110
§ 5; RRS § 10758-104.]
43.62.010 Office of financial management—Population studies—Expenditures. If the state or any of its political subdivisions, or other agencies, use the population studies
services of the office of financial management or the successor thereto, the state, its political subdivision, or other agencies utilizing such services shall pay for the cost of rendering
such services. Expenditures shall be paid out of funds allocated to cities and towns under RCW 82.44.155 and shall be
paid from said fund before any allocations or payments are
made to cities and towns under RCW 82.44.155. [1990 c 42
§ 317; 1979 c 151 § 127; 1975-'76 2nd ex.s. c 34 § 121; 1965
c 8 § 43.62.010. Prior: 1957 c 175 § 1; 1951 c 96 § 1; 1947 c
51 § 2; RRS § 5508-11.]
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
43.62.020
43.62.020 Method of allocating state funds to cities
and towns prescribed. Whenever cities and towns of the
state are, by law, allocated and entitled to be paid any funds
or state moneys from any source, and the allocation and payment is required to be made on a populations basis, notwithstanding the provisions of any other law to the contrary, all
such allocations shall be made on the basis of the population
of the respective cities and towns as last determined by the
office of financial management: PROVIDED, That the regular federal decennial census figures released for cities and
towns shall be considered by the office of financial management in determining the population of cities and towns.
[1979 c 151 § 128; 1965 c 8 § 43.62.020. Prior: 1957 c 175 §
2; prior: (i) 1949 c 60 § 1; RRS § 5508-3. (ii) 1947 c 51 § 1;
RRS § 5508-10.]
43.62.030
43.61.070
43.61.070 Payments to veterans' organizations—
Approval by director of veterans affairs. Payments to any
veterans' organization shall first be approved by the director
[Title 43 RCW—page 296]
43.62.030 Determination of population—Cities and
towns—Certificate—Allocation of state funds. The office
of financial management shall annually as of April 1st, determine the populations of all cities and towns of the state; and
(2004 Ed.)
Determination of Populations—Student Enrollments
on or before July 1st of each year, shall file with the secretary
of state a certificate showing its determination as to the populations of cities and towns of the state. A copy of such certificate shall be forwarded by the agency to each state official
or department responsible for making allocations or payments, and on and after January 1st next following the date
when such certificate or certificates are filed, the population
determination shown in such certificate or certificates shall
be used as the basis for the allocation and payment of state
funds, to cities and towns until the next January 1st following
the filing of successive certificates by the agency: PROVIDED, That whenever territory is annexed to a city or town,
the population of the annexed territory shall be added to the
population of the annexing city or town upon the effective
date of the annexation as specified in the relevant ordinance,
and upon approval of the agency as provided in RCW
35.13.260, as now or hereafter amended, a revised certificate
reflecting the determination of the population as increased
from such annexation shall be forwarded by the agency to
each state official or department responsible for making allocations or payments, and upon and after the date of the commencement of the next quarterly period, the population determination indicated in such revised certificate shall be used as
the basis for allocation and payment of state funds to such
city or town until the next annual population determination
becomes effective: PROVIDED FURTHER, That whenever
any city or town becomes incorporated subsequent to the
determination of such population, the populations of such cities and towns as shown in the records of incorporation filed
with the secretary of state shall be used in determining the
amount of allocation and payments, and the agency shall so
notify the proper state officials or departments, and such cities and towns shall be entitled to participate in allocations
thereafter made: PROVIDED FURTHER, That in case any
incorporated city or town disincorporates subsequent to the
filing of such certificate or certificates, the agency shall
promptly notify the proper state officials or departments
thereof, and such cities and towns shall cease to participate in
allocations thereafter made, and all credit accrued to such
incorporated city or town shall be distributed to the credit of
the remaining cities and towns. The secretary of state shall
promptly notify the agency of the incorporation of each new
city and town and of the disincorporation of any cities or
towns.
For the purposes of this section, each quarterly period
shall commence on the first day of the months of January,
April, July, and October. Whenever a revised certificate due
to an annexation is forwarded by the agency thirty days or
less prior to the commencement of the next quarterly period,
the population of the annexed territory shall not be considered until the commencement of the following quarterly
period.
Armed forces shipboard population, on-base naval group
quarter population, and military dependents living in housing
under United States navy jurisdiction, shall be determined
quarterly by the office of financial management on the first
days of January, April, July, and October. These counts shall
be used to increase or decrease the armed forces component
of the resident population determinations in the cities of
Bremerton and Everett for the purpose of allocating state revenues according to this section. Counts on the first day of the
(2004 Ed.)
43.62.040
quarterly periods commencing with January, April, July, and
October shall be used to adjust the total population for the
following quarter, in the same manner adjustments are made
for population changes due to annexation as specified in
RCW 35.13.260 and 35A.14.700.
Population determinations made under this section shall
include only those persons who meet resident population criteria as defined by the federal bureau of the census. [1988 c
260 § 1; 1979 c 151 § 129; 1977 c 75 § 61; 1969 ex.s. c 50 §
2; 1965 c 8 § 43.62.030. Prior: 1957 c 175 § 3; 1951 c 96 §
2.]
Determination of population of area annexed to city: RCW 35.13.260.
43.62.035
43.62.035 Determining population—Projections.
The office of financial management shall determine the population of each county of the state annually as of April 1st of
each year and on or before July 1st of each year shall file a
certificate with the secretary of state showing its determination of the population for each county. The office of financial
management also shall determine the percentage increase in
population for each county over the preceding ten-year
period, as of April 1st, and shall file a certificate with the secretary of state by July 1st showing its determination. At least
once every five years or upon the availability of decennial
census data, whichever is later, the office of financial management shall prepare twenty-year growth management planning population projections required by RCW 36.70A.110
for each county that adopts a comprehensive plan under
RCW 36.70A.040 and shall review these projections with
such counties and the cities in those counties before final
adoption. The county and its cities may provide to the office
such information as they deem relevant to the office's projection, and the office shall consider and comment on such
information before adoption. Each projection shall be
expressed as a reasonable range developed within the standard state high and low projection. The middle range shall
represent the office's estimate of the most likely population
projection for the county. If any city or county believes that a
projection will not accurately reflect actual population
growth in a county, it may petition the office to revise the
projection accordingly. The office shall complete the first set
of ranges for every county by December 31, 1995.
A comprehensive plan adopted or amended before
December 31, 1995, shall not be considered to be in noncompliance with the twenty-year growth management planning
population projection if the projection used in the comprehensive plan is in compliance with the range later adopted
under this section. [1997 c 429 § 26; 1995 c 162 § 1; 1991
sp.s. c 32 § 30; 1990 1st ex.s. c 17 § 32.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
Effective date—1995 c 162: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 27, 1995]." [1995 c 162 § 2.]
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
43.62.040
43.62.040 Assistance to office of financial management—Determination by office of financial management
conclusive. The department of revenue or any other state
[Title 43 RCW—page 297]
43.62.050
Title 43 RCW: State Government—Executive
officer or officials of cities, towns, or counties shall upon
request of the office of financial management furnish such
information, aid, and assistance as may be required by the
office of financial management in the performance of its population studies. The action of the office of financial management in determining the population shall be final and conclusive. [1979 c 151 § 130; 1975 1st ex.s. c 278 § 25; 1965 c 8
§ 43.62.040. Prior: 1957 c 175 § 4; 1951 c 96 § 3.]
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
43.62.050 Student enrollment forecasts—Report.
The office of financial management shall develop and maintain student enrollment forecasts of Washington schools,
including both public and private, elementary schools, junior
high schools, high schools, colleges, and universities. A current report of such forecasts shall be submitted to the standing
committees on ways and means of the house and the senate
on or before the fifteenth day of November of each evennumbered year. [1979 c 151 § 131; 1977 c 75 § 62; 1975 1st
ex.s. c 293 § 2; 1965 c 8 § 43.62.050. Prior: 1959 c 171 § 1;
1957 c 229 § 1.]
43.62.050
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
Review of reported FTE students: RCW 28A.150.260.
Chapter 43.63A RCW
DEPARTMENT OF COMMUNITY, TRADE, AND
ECONOMIC DEVELOPMENT
Chapter 43.63A
(Formerly: Department of community development)
Sections
43.63A.066
Child abuse and neglect prevention training for participants
in head start or early childhood education assistance programs—Department's duties.
43.63A.067 Early childhood assistance programs, department's duties.
43.63A.075 Community development finance program.
43.63A.105 Considerations in designating local community action and
community service agencies.
43.63A.115 Community action agency network—Delivery system for
federal and state anti-poverty programs.
43.63A.125 Nonresidential social services facilities—Assistance to nonprofit organizations—Competitive process—Recommendations to legislature for funding.
43.63A.135 Nonresidential youth services facilities—Competitive process—Recommendations to legislature for funding.
43.63A.150 State census board abolished.
43.63A.155 Local government bond information—Publication—Rules.
43.63A.190 Distribution of funds for border areas.
43.63A.215 Accessory apartments—Development and placement—
Local governments.
43.63A.230 Employee ownership program—Advisory panel—Reports—
When employee stock ownership plans qualify.
43.63A.240 Senior environmental corps—Finding.
43.63A.245 Senior environmental corps—Definitions.
43.63A.247 Senior environmental corps—Created.
43.63A.249 Senior environmental corps—Goals.
43.63A.265 Senior environmental corps—Department duties—Volunteers may not displace currently employed workers.
43.63A.270 Senior environmental corps—Volunteer activity to be governed by agreement.
43.63A.275 Retired senior volunteer programs (RSVP)—Funds distribution.
43.63A.400 Grants to public broadcast stations.
43.63A.410 Grants to broadcast stations eligible for grants from corporation for public broadcasting—Formula—Annual financial
statements.
43.63A.420 Grants to other broadcast stations—Eligibility—Amounts.
43.63A.460 Manufactured housing—Department duties.
43.63A.465 Manufactured housing—Federal standards—Enforcement.
43.63A.4651 Manufactured housing—Contingent expiration date—RCW
43.63A.465.
[Title 43 RCW—page 298]
43.63A.470
43.63A.475
43.63A.480
43.63A.485
43.63A.490
43.63A.500
43.63A.505
43.63A.510
43.63A.550
43.63A.610
43.63A.620
43.63A.630
43.63A.640
43.63A.645
43.63A.650
43.63A.655
43.63A.660
43.63A.670
43.63A.680
43.63A.690
43.63A.715
43.63A.720
43.63A.725
43.63A.730
43.63A.735
43.63A.740
43.63A.750
43.63A.760
43.63A.900
43.63A.901
43.63A.902
43.63A.903
Manufactured housing—Inspections, investigations.
Manufactured housing—Rules.
Manufactured housing—Hearing procedures.
Manufactured housing—Violations—Fines.
Manufactured housing—Contingent expiration date.
Farmworker housing construction manuals and plans.
Agricultural employee housing—One-stop clearinghouse.
Affordable housing—Inventory of state-owned land.
Growth management—Inventorying and collecting data.
Emergency mortgage assistance—Guidelines.
Emergency rental assistance—Guidelines.
Emergency mortgage and rental assistance program—Eligibility.
Emergency mortgage and rental assistance program—
Duties—Interest rate, assignment, eligibility.
Emergency housing programs—Rules.
Housing—Department's responsibilities.
Homelessness—Data collection and analyses.
Housing—Technical assistance and information, affordable
housing.
Home-matching program—Finding, purpose.
Home-matching program—Pilot programs.
Minority and women-owned business enterprises—Linked
deposit program.
Rural enterprise zones—Establishment—Applications—
Authority of zones.
Prostitution prevention and intervention services—Grant
program.
Prostitution prevention and intervention grants—Eligibility.
Prostitution prevention and intervention grants—Applications, contents.
Prostitution prevention and intervention grants—Award and
use.
Prostitution prevention and intervention account.
Performing arts, art museums, cultural facilities—Competitive grant program for nonprofit organizations.
Airport impact mitigation account—Creation—Report.
Severability—1967 c 74.
Severability—1984 c 125.
Headings—1984 c 125.
Effective date—1984 c 125.
Annexations to cities or towns, annexation certificate submitted to the
department of community, trade, and economic development: RCW
35.13.260.
Center for volunteerism and citizen service within department of community,
trade, and economic development: RCW 43.150.040.
Community and technical college board to assist in enrollment projections:
RCW 28B.50.090.
Industrial projects of statewide significance—Assignment of project facilitator or coordinator: RCW 43.157.030.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Occupational forecast—Agency consultation: RCW 50.38.030.
Scenic and recreational highway act, planning and design standards established by department of community, trade, and economic development:
RCW 47.39.040.
43.63A.066
43.63A.066 Child abuse and neglect prevention
training for participants in head start or early childhood
education assistance programs—Department's duties.
The department of community, trade, and economic development shall have primary responsibility for providing child
abuse and neglect prevention training to preschool age children participating in the federal head start program or the
early childhood education and assistance program established under RCW 28A.215.010 through 28A.215.200 and
28A.215.900 through 28A.215.908. [1993 c 280 § 58; 1990
c 33 § 579; 1987 c 489 § 4.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Intent—1987 c 489: See note following RCW 28A.300.150.
(2004 Ed.)
Department of Community, Trade, and Economic Development
43.63A.067
43.63A.067 Early childhood assistance programs,
department's duties. See chapter 28A.215 RCW.
43.63A.075
43.63A.075 Community development finance program. The department shall establish a community development finance program. Pursuant to this program, the department shall, in cooperation with the local economic development council: (1) Develop expertise in federal, state, and
local community and economic development programs; and
(2) assist communities and businesses to secure available
financing. To the extent permitted by federal law, the department is encouraged to use federal community block grant
funds to make urban development action grants to communities which have not been eligible to receive such grants prior
to June 30, 1984. [1999 c 108 § 1; 1993 c 280 § 59; 1985 c
466 § 53; 1984 c 125 § 6.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
43.63A.105
43.63A.105 Considerations in designating local community action and community service agencies. In designating local community action agencies or local community
service agencies, the department shall give special consideration to (1) agencies previously funded under any community
services or antipoverty program; (2) agencies meeting state
and federal program and fiscal requirements; and (3) successors to such agencies. [1984 c 125 § 10.]
43.63A.115
43.63A.115 Community action agency network—
Delivery system for federal and state anti-poverty programs. (1) The community action agency network, established initially under the federal economic opportunity act of
1964 and subsequently under the federal community services
block grant program of 1981, as amended, shall be a delivery
system for federal and state anti-poverty programs in this
state, including but not limited to the community services
block grant program, the low-income energy assistance program, and the federal department of energy weatherization
program.
(2) Local community action agencies comprise the community action agency network. The community action
agency network shall serve low-income persons in the counties. Each community action agency and its service area shall
be designated in the state federal community service block
grant plan as prepared by the department of community,
trade, and economic development.
(3) Funds for anti-poverty programs may be distributed
to the community action agencies by the department of community, trade, and economic development and other state
agencies in consultation with the authorized representatives
of community action agency networks. [1993 c 280 § 60;
1990 c 156 § 1.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
43.63A.135
a competitive process to solicit proposals for and prioritize
projects that assist nonprofit organizations in acquiring, constructing, or rehabilitating facilities used for the delivery of
nonresidential social services.
(2) The department shall establish a competitive process
to prioritize applications for the assistance as follows:
(a) The department shall conduct a statewide solicitation
of project applications from local governments, nonprofit
organizations, and other entities, as determined by the department. The department shall evaluate and rank applications in
consultation with a citizen advisory committee using objective criteria. At a minimum, applicants must demonstrate that
the requested assistance will increase the efficiency or quality
of the social services it provides to citizens. The evaluation
and ranking process shall also include an examination of
existing assets that applicants may apply to projects. Grant
assistance under this section shall not exceed twenty-five percent of the total cost of the project. The nonstate portion of
the total project cost may include cash, the value of real property when acquired solely for the purpose of the project, and
in-kind contributions.
(b) The department shall submit a prioritized list of recommended projects to the governor and the legislature in the
department's biennial capital budget request beginning with
the 2001-2003 biennium and thereafter. For the 1999-2001
biennium, the department shall conduct a solicitation and
ranking process, as described in (a) of this subsection, for
projects to be funded by appropriations provided for this program in the 1999-2001 capital budget. The list shall include a
description of each project, the amount of recommended state
funding, and documentation of nonstate funds to be used for
the project. The total amount of recommended state funding
for projects on a biennial project list shall not exceed four
million dollars. The department may provide an additional
alternate project list which shall not exceed five hundred
thousand dollars. Except for the 1999-2001 biennium, the
department shall not sign contracts or otherwise financially
obligate funds under this section until the legislature has
approved a specific list of projects.
(c) In contracts for grants authorized under this section
the department shall include provisions which require that
capital improvements shall be held by the grantee for a specified period of time appropriate to the amount of the grant and
that facilities shall be used for the express purpose of the
grant. If the grantee is found to be out of compliance with
provisions of the contract, the grantee shall repay to the state
general fund the principal amount of the grant plus interest
calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant. [1999 c 295 § 3; 1997 c 374 § 2.]
Expiration date—1999 c 295: See note following RCW 43.63A.750.
Findings—1997 c 374: "The legislature finds that nonprofit organizations provide a variety of social services that serve the needs of the citizens
of Washington, including many services implemented under contract with
state agencies. The legislature also finds that the efficiency and quality of
these services may be enhanced by the provision of safe, reliable, and sound
facilities, and that, in certain cases, it may be appropriate for the state to
assist in the development of these facilities." [1997 c 374 § 1.]
43.63A.125
43.63A.125 Nonresidential social services facilities—
Assistance to nonprofit organizations—Competitive process—Recommendations to legislature for funding.
(Expires June 30, 2007.) (1) The department shall establish
(2004 Ed.)
43.63A.135
43.63A.135 Nonresidential youth services facilities—
Competitive process—Recommendations to legislature
for funding. (1) The department of community, trade, and
[Title 43 RCW—page 299]
43.63A.150
Title 43 RCW: State Government—Executive
economic development must establish a competitive process
to solicit proposals for and prioritize projects whose primary
objective is to assist nonprofit youth organizations in acquiring, constructing, or rehabilitating facilities used for the
delivery of nonresidential services, excluding outdoor athletic fields.
(2) The department of community, trade, and economic
development must establish a competitive process to prioritize applications for the assistance as follows:
(a) The department of community, trade, and economic
development must conduct a statewide solicitation of project
applications from local governments, nonprofit organizations, and other entities, as determined by the department of
community, trade, and economic development. The department of community, trade, and economic development must
evaluate and rank applications in consultation with a citizen
advisory committee using objective criteria. Projects must
have a major recreational component, and must have either
an educational or social service component. At a minimum,
applicants must demonstrate that the requested assistance
will increase the efficiency or quality of the services it provides to youth. The evaluation and ranking process must also
include an examination of existing assets that applicants may
apply to projects. Grant assistance under this section may not
exceed twenty-five percent of the total cost of the project.
The nonstate portion of the total project cost may include
cash, the value of real property when acquired solely for the
purpose of the project, and in-kind contributions.
(b) The department of community, trade, and economic
development must submit a prioritized list of recommended
projects to the governor and the legislature in the department
of community, trade, and economic development's biennial
capital budget request beginning with the 2005-2007 biennium and thereafter. The list must include a description of
each project, the amount of recommended state funding, and
documentation of nonstate funds to be used for the project.
The total amount of recommended state funding for projects
on a biennial project list must not exceed two million dollars.
The department of community, trade, and economic development may provide an additional alternate project list that
must not exceed five hundred thousand dollars. The department of community, trade, and economic development may
not sign contracts or otherwise financially obligate funds
under this section until the legislature has approved a specific
list of projects.
(c) In contracts for grants authorized under this section
the department of community, trade, and economic development must include provisions that require that capital
improvements be held by the grantee for a specified period of
time appropriate to the amount of the grant and that facilities
be used for the express purpose of the grant. If the grantee is
found to be out of compliance with provisions of the contract,
the grantee must repay to the state general fund the principal
amount of the grant plus interest calculated at the rate of
interest on state of Washington general obligation bonds
issued most closely to the date of authorization of the grant.
[2003 1st sp.s. c 7 § 2.]
Findings—2003 1st sp.s. c 7: "The legislature finds that nonprofit
youth organizations provide a variety of services for the youth of Washington state, including many services that enable young people, especially those
facing challenging and disadvantaged circumstances, to realize their full
[Title 43 RCW—page 300]
potential as productive, responsible, and caring citizens. The legislature also
finds that the efficiency and quality of these services may be enhanced by the
provision of safe, reliable, and sound facilities, and that, in certain cases, it
may be appropriate for the state to assist in the development of these facilities." [2003 1st sp.s. c 7 § 1.]
43.63A.150 State census board abolished. The state
census board is hereby abolished. [1967 ex.s. c 42 § 3.]
43.63A.150
Effective date—1967 ex.s. c 42: See note following RCW 3.30.010.
Savings—1967 ex.s. c 42: See note following RCW 3.30.010.
Population determinations, office financial management: Chapter 43.62
RCW.
43.63A.155 Local government bond information—
Publication—Rules. The department of community, trade,
and economic development shall retain the bond information
it receives under RCW 39.44.210 and 39.44.230 and shall
publish summaries of local government bond issues at least
once a year.
The department of community, trade, and economic
development shall adopt rules under chapter 34.05 RCW to
implement RCW 39.44.210 and 39.44.230. [1993 c 280 § 61;
1989 c 225 § 5; 1985 c 130 § 6.]
43.63A.155
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
43.63A.190 Distribution of funds for border areas.
Funds appropriated by the legislature as supplemental
resources for border areas shall be distributed by the state
treasurer pursuant to the formula for distributing funds from
the liquor revolving fund to border areas, and expenditure
requirements for such distributions, under RCW 66.08.196.
[1995 c 159 § 5; 1984 c 125 § 11; 1981 c 269 § 2.]
43.63A.190
Effective date—1995 c 159: See note following RCW 66.08.190.
Legislative declaration—1981 c 269: "The legislature finds and
declares that certain counties and municipalities near international borders
are subjected to a constant volume and flow of travelers and visitors for
whom local government services must be provided. The legislature further
finds that it is in the public interest and for the protection of the health, property, and welfare of the residents and visitors to provide supplemental
resources to augment and maintain existing levels of police protection in
these areas." [1981 c 269 § 1.]
43.63A.215 Accessory apartments—Development
and placement—Local governments. (1) The department
shall, in consultation with the affordable housing advisory
board created in RCW 43.185B.020, report to the legislature
on the development and placement of accessory apartments.
The department shall produce a written report by December
15, 1993, which:
(a) Identifies local governments that allow the siting of
accessory apartments in areas zoned for single-family residential use; and
(b) Makes recommendations to the legislature designed
to encourage the development and placement of accessory
apartments in areas zoned for single-family residential use.
(2) The recommendations made under subsection (1) of
this section shall not take effect before ninety days following
adjournment of the 1994 regular legislative session.
(3) Unless provided otherwise by the legislature, by
December 31, 1994, local governments shall incorporate in
their development regulations, zoning regulations, or official
controls the recommendations contained in subsection (1) of
43.63A.215
(2004 Ed.)
Department of Community, Trade, and Economic Development
this section. The accessory apartment provisions shall be part
of the local government's development regulation, zoning
regulation, or official control. To allow local flexibility, the
recommendations shall be subject to such regulations, conditions, procedures, and limitations as determined by the local
legislative authority.
(4) As used in this section, "local government" means:
(a) A city or code city with a population that exceeds
twenty thousand;
(b) A county that is required to or has elected to plan
under the state growth management act; and
(c) A county with a population that exceeds one hundred
twenty-five thousand. [1993 c 478 § 7.]
43.63A.230
43.63A.230 Employee ownership program—Advisory panel—Reports—When employee stock ownership
plans qualify. (1) The department of community, trade, and
economic development shall integrate an employee ownership program within its existing technical assistance programs. The employee ownership program shall provide technical assistance to cooperatives authorized under chapter
23.78 RCW and conduct educational programs on employee
ownership and self-management. The department shall
include information on the option of employee ownership
wherever appropriate in its various programs.
(2) The department shall maintain a list of firms and
individuals with expertise in the field of employee ownership
and utilize such firms and individuals, as appropriate, in
delivering and coordinating the delivery of technical, managerial, and educational services. In addition, the department
shall work with and rely on the services of the employment
security department and state institutions of higher education
to promote employee ownership.
(3) The department shall report to the governor, the
appropriate economic development committees of the senate
and the house of representatives, and the ways and means
committees of each house by December 1 of 1988, and each
year thereafter, on the accomplishments of the employeeownership program. Such reports shall include the number
and types of firms assisted, the number of jobs created by
such firms, the types of services, the number of workshops
presented, the number of employees trained, and the results
of client satisfaction surveys distributed to those using the
services of the program.
(4) For purposes of this section, an employee stock ownership plan qualifies as a cooperative if at least fifty percent,
plus one share, of its voting shares of stock are voted on a
one-person-one-vote basis. [1993 c 280 § 63; 1988 c 186 §
17; 1987 c 457 § 15.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Effective date—1988 c 186 § 17: "Section 17 of this act shall take
effect June 30, 1993." [1988 c 186 § 18.]
Severability—1987 c 457: See RCW 23.78.902.
43.63A.240
43.63A.240 Senior environmental corps—Finding.
The legislature finds that:
Enhancement and protection of the state's environment
demands more resources than government funding can provide;
(2004 Ed.)
43.63A.247
A critical underutilized asset to society is the knowledge,
skills, abilities, and wisdom of our expanding, able senior
population;
Central to the well-being and continued connection to
society of Washington's senior citizens is the opportunity for
them to voluntarily continue to provide meaningful contributions and to share their professional training, lifelong skills,
talents, and wisdom with Washington state's citizens;
It will benefit all the citizens of the state of Washington
to create a partnership between our senior citizens and the
state's natural resource agencies to augment our capability to
protect, enhance, and appreciate the environment. [1992 c 63
§ 1.]
Severability—1992 c 63: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1992 c 63 § 16.]
43.63A.245
43.63A.245 Senior environmental corps—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.63A.240
through 43.63A.270.
"Agency" means one of the agencies or organizations
participating in the activities of the senior environmental
corps.
"Coordinator" means the person designated by the director of community, trade, and economic development to
administer the activities of the senior environmental corps.
"Corps" means the senior environmental corps.
"Department" means the department of community,
trade, and economic development.
"Director" means the director of community, trade, and
economic development or the director's authorized representative.
"Representative" means the person who is responsible
for the activities of the senior environmental corps in his or
her agency.
"Senior" means any person who is fifty-five years of age
or over.
"Volunteer" means a person who is willing to work without expectation of salary or financial reward, and who
chooses where he or she provides services and the type of services he or she provides. [1999 c 151 § 1201; 1993 c 280 §
64; 1992 c 63 § 2.]
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Severability—1992 c 63: See note following RCW 43.63A.240.
43.63A.247
43.63A.247 Senior environmental corps—Created.
The senior environmental corps is created within the department of community, trade, and economic development. The
departments of agriculture, community, trade, and economic
development, employment security, ecology, fish and wildlife, health, and natural resources, the parks and recreation
commission, and the *Puget Sound water quality authority
shall participate in the administration and implementation of
the corps and shall appoint representatives to the council.
[1994 c 264 § 25; 1993 c 280 § 65; 1992 c 63 § 3.]
[Title 43 RCW—page 301]
43.63A.249
Title 43 RCW: State Government—Executive
*Reviser's note: The Puget Sound water quality authority and its powers and duties, pursuant to the Sunset Act, chapter 43.131 RCW, were terminated June 30, 1995, and repealed June 30, 1996. See 1990 c 115 §§ 11 and
12. Powers, duties, and functions of the Puget Sound water quality authority
pertaining to cleanup and protection of Puget Sound transferred to the Puget
Sound action team by 1996 c 138 § 11. See RCW 90.71.903.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Severability—1992 c 63: See note following RCW 43.63A.240.
43.63A.249 Senior environmental corps—Goals. The
goals of the corps shall be to:
Provide resources and a support structure to facilitate
corps activities and accomplish goals;
Carry out professional and paraprofessional projects that
focus on conservation, protection, rehabilitation, and
enhancement of the state's natural, environmental, and recreational resources and that otherwise would not be implemented because of limited financial resources;
Provide meaningful opportunities for senior volunteers
to continue to utilize their professional training, lifelong
skills, abilities, experience, and wisdom through participation
in corps projects;
Assist agencies in carrying out statutory assignments
with limited funding resources;
Enhance community understanding of environmental
issues through educational outreach; and
Enhance the state's ability to provide needed public services in both urban and rural settings. [1992 c 63 § 4.]
43.63A.249
Severability—1992 c 63: See note following RCW 43.63A.240.
43.63A.265 Senior environmental corps—Department duties—Volunteers may not displace currently
employed workers. (1) Contingent upon available funding,
the department shall:
Provide a coordinator and staff support to the council as
needed;
Provide support to the agencies for recruitment of volunteers;
Develop a budget and allocate available funds with the
advice of the council;
Develop a written volunteer agreement;
Collect and maintain project and volunteer records;
Provide reports to the legislature and the council as
requested;
Provide agency project managers and volunteers with
orientation to the corps program and training in the use of
volunteers;
Act as a liaison with and provide information to other
states and jurisdictions on the corps program and program
activities;
Appoint a representative to the coordinating council;
Develop project proposals;
Administer project activities within the agency;
Develop appropriate procedures for the use of volunteers;
Provide project orientation, technical training, safety
training, equipment, and supplies to carry out project activities;
Maintain project records and provide project reports;
Apply for and accept grants or contributions for corps
approved projects; and
43.63A.265
[Title 43 RCW—page 302]
With the approval of the council, enter into memoranda
of understanding and cooperative agreements with federal,
state, and local agencies to carry out corps approved projects.
(2) The department shall not use corps volunteers to displace currently employed workers. [1992 c 63 § 6.]
Severability—1992 c 63: See note following RCW 43.63A.240.
43.63A.270
43.63A.270 Senior environmental corps—Volunteer
activity to be governed by agreement. All volunteer activity must be performed under the terms of a written master
agreement approved by the council and the attorney general.
As a minimum, the volunteer agreement must include a
description of the work that the volunteer is to perform,
including the standards of performance required, any
expenses or other benefits to which the volunteer is to be entitled, such as mileage, lodging, state industrial coverage, uniforms, or other clothing or supplies, training or other support
to be provided to the volunteer by the agency, the duration of
the agreement, and the terms under which the agreement may
be canceled. [1992 c 63 § 7.]
Severability—1992 c 63: See note following RCW 43.63A.240.
43.63A.275
43.63A.275 Retired senior volunteer programs
(RSVP)—Funds distribution. (1) Each biennium the
department of community, trade, and economic development
shall distribute such funds as are appropriated for retired
senior volunteer programs (RSVP) as follows:
(a) At least sixty-five percent of the moneys may be distributed according to formulae and criteria to be determined
by the department of community, trade, and economic development in consultation with the RSVP directors association.
(b) Up to twenty percent of the moneys may be distributed by competitive grant process to develop RSVP projects
in counties not presently being served, or to expand existing
RSVP services into counties not presently served.
(c) Ten percent of the moneys may be used by the department of community, trade, and economic development for
administration, monitoring of the grants, and providing technical assistance to the RSVP projects.
(d) Up to five percent of the moneys may be used to support projects that will benefit RSVPs statewide.
(2) Grants under subsection (1) of this section shall give
priority to programs in the areas of education, tutoring,
English as a second language, combating of and education on
drug abuse, housing and homeless, and respite care, and shall
be distributed in accordance with the following:
(a) None of the grant moneys may be used to displace
any paid employee in the area being served.
(b) Grants shall be made for programs that focus on:
(i) Developing new roles for senior volunteers in nonprofit and public organizations with special emphasis on
areas targeted in section 1, chapter 65, Laws of 1992. The
roles shall reflect the diversity of the local senior population
and shall respect their life experiences;
(ii) Increasing the expertise of volunteer managers and
RSVP managers in the areas of communication, recruitment,
motivation, and retention of today's over-sixty population;
(iii) Increasing the number of senior citizens recruited,
referred, and placed with nonprofit and public organizations;
and
(2004 Ed.)
Department of Community, Trade, and Economic Development
(iv) Providing volunteer support such as: Mileage to and
from the volunteer assignment, recognition, and volunteer
insurance. [1993 c 280 § 67; 1992 c 65 § 2.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Findings—1992 c 65: "The legislature finds that there is a growing
number of citizens in the state over the age of sixty who have much to offer
their fellow citizens and communities through volunteer service. The legislature further finds that public programs for education, at-risk youth, adult literacy, and combating drug abuse have benefited from and are still in need of
the assistance of skilled retired senior volunteer programs volunteers. In
addition the legislature further finds that public programs for developmentally disabled, environmental protection, corrections, crime prevention, mental health, long-term and respite care, and housing and homeless, among others, are also in need of volunteer assistance from the retired senior volunteer
program.
Therefore, the legislature intends to encourage the increased involvement of senior volunteers by providing funding throughout Washington to
promote the development and enhancement of such programs." [1992 c 65
§ 1.]
43.63A.420
ipating radio stations' nonfederal financial support as most
recently reported to the corporation for public broadcasting.
(c) Each eligible participating public television station
shall receive an equal share of the television base grant pool,
plus a share of the television incentive grant pool equal to the
proportion its nonfederal financial support bears to the sum
of all participating television stations' nonfederal financial
support as most recently reported to the corporation for public broadcasting.
(3) Annual financial reports to the corporation for public
broadcasting by eligible stations shall also be submitted by
the stations to the department of community, trade, and economic development. [1993 c 280 § 73; 1987 c 308 § 3.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Legislative findings—1987 c 308: See note following RCW
43.63A.400.
43.63A.420
43.63A.400
43.63A.400 Grants to public broadcast stations. The
department of community, trade, and economic development
shall distribute grants to eligible public radio and television
broadcast stations under RCW 43.63A.410 and 43.63A.420
to assist with programming, operations, and capital needs.
[1993 c 280 § 72; 1987 c 308 § 2.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Legislative findings—1987 c 308: "The legislature finds that public
broadcasting creates a cultural and educational environment that is important
to the citizens of the state. The legislature also finds that it is in the public
interest to provide state support to bring cultural, educational, and public
affairs broadcasting services to the citizens of the state." [1987 c 308 § 1.]
43.63A.410
43.63A.410 Grants to broadcast stations eligible for
grants from corporation for public broadcasting—Formula—Annual financial statements. (1) Eligibility for
grants under this section shall be limited to broadcast stations
which are:
(a) Licensed to Washington state organizations, nonprofit corporations, or other entities under section 73.621 of
the regulations of the federal communications commission;
and
(b) Qualified to receive community service grants from
the federally chartered corporation for public broadcasting.
Eligibility shall be established as of February 28th of each
year.
(2) The formula in this subsection shall be used to compute the amount of each eligible station's grant under this section.
(a) Appropriations under this section shall be divided
into a radio fund, which shall be twenty-five percent of the
total appropriation under this section, and a television fund,
which shall be seventy-five percent of the total appropriation
under this section. Each of the two funds shall be divided into
a base grant pool, which shall be fifty percent of the fund, and
an incentive grant pool, which shall be the remaining fifty
percent of the fund.
(b) Each eligible participating public radio station shall
receive an equal share of the radio base grant pool, plus a
share of the radio incentive grant pool equal to the proportion
its nonfederal financial support bears to the sum of all partic(2004 Ed.)
43.63A.420 Grants to other broadcast stations—Eligibility—Amounts. (1) Eligibility for grants under this section shall be limited to broadcast stations that:
(a) Have a noncommercial educational license granted
by the federal communications commission;
(b) Are not eligible under RCW 43.63A.410;
(c) Have a permanent employee who is assigned operational management responsibility for the station and who is
not compensated with moneys granted under this section;
(d) Meet the operating schedule requirements of the station's federal broadcast license;
(e) Have facilities and equipment that allow for program
origination and production;
(f) Have a daily broadcast schedule devoted primarily to
serving the educational, informational, and cultural needs of
the community within its primary service area. The programming shall be intended for a general audience and not
designed to further a particular religious philosophy or political organization;
(g) Originate a locally produced program service
designed to serve the community;
(h) Maintain financial records in accordance with generally accepted accounting principles; and
(i) Complete an eligibility criteria statement and annual
financial survey pursuant to rules adopted by the *department
of community development.
(2)(a) A grant of up to ten thousand dollars per year may
be made under this section to those eligible stations operating
at least twelve hours per day, three hundred sixty-five days
each year, with transmitting facilities developed to the maximum combination of effective radiated power and antenna
height possible under the station's federal communications
commission license.
(b) A grant of up to eight thousand dollars per year may
be made under this section to those eligible stations operating
at least twelve hours per day, three hundred sixty-five days
each year, with transmitting facilities not fully developed
under federal communications commission rules.
(c) A grant of up to five thousand dollars per year may be
made under this section to those eligible stations operating
less than twelve hours per day, three hundred sixty-five days
each year, with transmitting facilities developed to the maximum combination of effective radiated power and antenna
[Title 43 RCW—page 303]
43.63A.460
Title 43 RCW: State Government—Executive
height possible under the station's federal communications
commission license.
(d) A grant of up to one thousand five hundred dollars
per year may be made under this section to those eligible stations not meeting the requirements of (a), (b), or (c) of this
subsection.
(3) Funding received under this section is specifically for
the support of public broadcast operations and facilities
improvements which benefit the general community. No
funds received under this section may be used for any other
purposes by licensees of eligible stations.
(4) Any portion of the appropriation not expended under
this section shall be transferred for expenditure under RCW
43.63A.410. [1987 c 308 § 4.]
*Reviser's note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994.
Legislative findings—1987 c 308: See note following RCW
43.63A.400.
43.63A.460
43.63A.460 Manufactured housing—Department
duties. Beginning on July 1, 1991, the department of community, trade, and economic development shall be responsible for performing all the consumer complaint and related
functions of the state administrative agency that are required
for purposes of complying with the regulations established by
the federal department of housing and urban development for
manufactured housing, including the preparation and submission of the state administrative plan.
The department of community, trade, and economic
development may enter into state or local interagency agreements to coordinate site inspection activities with record
monitoring and complaint handling. The interagency agreement may also provide for the reimbursement for cost of
work that an agency performs. The department may include
other related areas in any interagency agreements which are
necessary for the efficient provision of services.
The department of labor and industries shall transfer all
records, files, books, and documents necessary for the department of community, trade, and economic development to
assume these new functions.
The directors of community, trade, and economic development and the department of labor and industries shall
immediately take such steps as are necessary to ensure that
chapter 176, Laws of 1990 is implemented on June 7, 1990.
[1993 c 280 § 76; 1990 c 176 § 2.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Transfer of duties from the department of labor and industries: RCW
43.22.495.
43.63A.465
43.63A.465 Manufactured housing—Federal standards—Enforcement. (Contingent expiration date.) The
director of the department of community, trade, and economic development shall enforce manufactured housing
safety and construction standards adopted by the secretary of
housing and urban development under the National Manufactured Housing Construction and Safety Standards Act of
1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426). Furthermore, the director may make agreements with the United
[Title 43 RCW—page 304]
States government, state agencies, or private inspection organizations to implement the development and enforcement of
applicable provisions of this chapter and the National Manufactured Housing Construction and Safety Standards Act of
1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426) regarding
the state administrative agency program. [1995 c 399 § 74;
1993 c 124 § 1.]
C o nt i ng e nt e x p i r a t i o n d a t e — R C W 4 3 .6 3 A .4 6 5 t h r o u g h
43.63A.490: See RCW 43.63A.490.
43.63A.4651 Manufactured housing—Contingent
expiration date—RCW 43.63A.465. The 1995 amendments to RCW 43.63A.465 shall expire and be of no force
and effect on January 1 in any year following the failure of
the United States department of housing and urban development to reimburse the state for the duties described in chapter
124, Laws of 1993. [1995 c 399 § 219.]
43.63A.4651
43.63A.470 Manufactured housing—Inspections,
investigations. (Contingent expiration date.) (1) The director or the director's authorized representative shall conduct
such inspections and investigations as may be necessary to
implement or enforce manufactured housing rules adopted
under the authority of this chapter or to carry out the director's duties under this chapter.
(2) For the purposes of enforcement of this chapter, persons duly designated by the director upon presenting appropriate credentials to the owner, operator, or agent in charge
shall:
(a) At reasonable times and without advance notice enter
any factory, warehouse, or establishment in which manufactured homes are manufactured, stored, or held for sale; and
(b) At reasonable times, within reasonable limits, and in
a reasonable manner inspect any factory, warehouse, or
establishment as required to comply with the standards
adopted by the secretary of housing and urban development
under the National Manufactured Housing Construction and
Safety Standards Act of 1974 (800 Stat. 700; 42 U.S.C. Secs.
5401-5426). Each inspection shall be commenced and completed with reasonable promptness.
(3) For the purpose of carrying out the provisions of this
chapter, the director or the director's authorized representative is authorized:
(a) To require, by general or special orders, any factory,
warehouse, or establishment in which manufactured homes
are manufactured, to file, in such form as prescribed, reports
or answers in writing to specific questions relating to any
function of the department under this chapter. Such reports
and answers shall be made under oath or otherwise, and shall
be filed with the department within such reasonable time
periods as prescribed by the department; and
(b) To hold such hearings, take such testimony, sit and
act at such times and places, administer such oaths, and
require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books,
papers, correspondence, memorandums, contracts, agreements, or other records, as the director or such officer or
employee deems advisable.
(4) In carrying out the inspections authorized by this section the director shall establish by rule, under chapter 34.05
RCW, and impose on manufactured home manufacturers,
43.63A.470
(2004 Ed.)
Department of Community, Trade, and Economic Development
43.63A.510
distributors, and dealers such reasonable fees as may be necessary to offset the expenses incurred by the director in conducting the inspections, provided these fees are set in accordance with guidelines established by the United States secretary of housing and urban development. [1993 c 124 § 5.]
(3) Any legal fees, court costs, expert witness fees, and
staff costs expended by the state in successfully pursuing violators of RCW 43.63A.465, 43.63A.470, 43.63A.475, and
43.63A.480 shall be reimbursed in full by the violators.
[1993 c 124 § 4.]
C o nt i n g e n t e x p i r a t i o n d a t e — R C W 4 3 .6 3 A .4 6 5 t h r o u g h
43.63A.490: See RCW 43.63A.490.
C o nt i ng e nt e x p i r a t i o n d a t e — R C W 4 3 .6 3 A .4 6 5 t h r o u g h
43.63A.490: See RCW 43.63A.490.
43.63A.475
43.63A.475 Manufactured housing—Rules. (Contingent expiration date.) The department shall adopt all rules
under chapter 34.05 RCW necessary to implement chapter
124, Laws of 1993, giving due consideration to standards and
regulations adopted by the secretary of housing and urban
development under the National Manufactured Housing Construction and Safety Standards Act of 1974 (800 Stat. 700; 42
U.S.C. Secs. 5401-5426) for manufactured housing construction and safety standards. [1993 c 124 § 2.]
C o nt i n g e n t e x p i r a t i o n d a t e — R C W 4 3 .6 3 A .4 6 5 t h r o u g h
43.63A.490: See RCW 43.63A.490.
43.63A.480
43.63A.480 Manufactured housing—Hearing procedures. (Contingent expiration date.) The department shall
adopt appropriate hearing procedures under chapter 34.05
RCW for the holding of formal and informal presentation of
views, giving due consideration to hearing procedures
adopted by the secretary of housing and urban development
under the National Manufactured Housing Construction and
Safety Standards Act of 1974 (800 Stat. 700; 42 U.S.C. Secs.
5401-5426). [1993 c 124 § 3.]
C o nt i n g e n t e x p i r a t i o n d a t e — R C W 4 3 .6 3 A .4 6 5 t h r o u g h
43.63A.490: See RCW 43.63A.490.
43.63A.485
43.63A.485 Manufactured housing—Violations—
Fines. (Contingent expiration date.) (1) A person who violates any of the provisions of the National Manufactured
Housing Construction and Safety Standards Act of 1974 (800
Stat. 700; 42 U.S.C. Secs. 5401-5426) applicable to RCW
43.63A.465, 43.63A.470, 43.63A.475, and 43.63A.480 or
any rules adopted under RCW 43.63A.465, 43.63A.470,
43.63A.475, and 43.63A.480 is liable to the state of Washington for a civil penalty of not to exceed one thousand dollars for each such violation. Each violation of the provisions
of the National Manufactured Housing Construction and
Safety Standards Act of 1974 (800 Stat. 700; 42 U.S.C. Secs.
5401-5426) applicable to RCW 43.63A.465, 43.63A.470,
43.63A.475, and 43.63A.480 or any rules adopted under
RCW 43.63A.465, 43.63A.470, 43.63A.475, and
43.63A.480, shall constitute a separate violation with respect
to each manufactured home or with respect to each failure or
refusal to allow or perform an act required thereby, except
that the maximum civil penalty may not exceed one million
dollars for any related series of violations occurring within
one year from the date of the first violation.
(2) An individual or a director, officer, or agent of a corporation who knowingly and willfully violates any of the provisions of RCW 43.63A.465, 43.63A.470, 43.63A.475, and
43.63A.480 or any rules adopted under RCW 43.63A.465,
43.63A.470, 43.63A.475, and 43.63A.480, in a manner that
threatens the health or safety of any purchaser, shall be fined
not more than one thousand dollars or imprisoned not more
than one year, or both.
(2004 Ed.)
43.63A.490
43.63A.490 Manufactured housing—Contingent
expiration date. RCW 43.63A.465 through 43.63A.490
shall expire and be of no force and effect on January 1 in any
year following the failure of the United States department of
housing and urban development to reimburse the state for the
duties described in RCW 43.63A.465 through 43.63A.490.
[1993 c 124 § 6.]
43.63A.500
43.63A.500 Farmworker housing construction manuals and plans. The department shall develop, and make
available to the public, model or prototype construction plans
and manuals for several types of farmworker housing, including but not limited to seasonal housing for individuals and
families, campgrounds, and recreational vehicle parks. Any
person or organization intending to construct farmworker
housing may adopt one or more of these models as the plan
for the proposed housing. [1990 c 253 § 5.]
Legislative finding and purpose—1990 c 253: See note following
RCW 43.70.340.
43.63A.505
43.63A.505 Agricultural employee housing—Onestop clearinghouse. The department shall establish and
administer a "one-stop clearinghouse" to coordinate state
assistance for growers and nonprofit organizations in developing housing for agricultural employees. Growers, housing
authorities, and nonprofit organizations shall have direct
access to the one-stop clearinghouse. The department onestop clearinghouse shall provide assistance on planning and
design, building codes, temporary worker housing regulations, financing options, and management to growers and
nonprofit organizations interested in farmworker construction. The department one-stop clearinghouse shall also provide educational materials and services to local government
authorities on Washington state law concerning farmworker
housing. [1999 c 164 § 202.]
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
43.63A.510
43.63A.510 Affordable housing—Inventory of stateowned land. (1) The department shall work with the departments of natural resources, transportation, social and health
services, corrections, and general administration to identify
and catalog under-utilized, state-owned land and property
suitable for the development of affordable housing for very
low-income, low-income or moderate-income households.
The departments of natural resources, transportation, social
and health services, corrections, and general administration
shall provide an inventory of real property that is owned or
administered by each agency and is available for lease or
sale. The inventories shall be provided to the department by
November 1, 1993, with inventory revisions provided each
November 1 thereafter.
[Title 43 RCW—page 305]
43.63A.550
Title 43 RCW: State Government—Executive
(2) Upon written request, the department shall provide a
copy of the inventory of state-owned and publicly owned
lands and buildings to parties interested in developing the
sites for affordable housing.
(3) As used in this section:
(a) "Affordable housing" means residential housing that
is rented or owned by a person who qualifies as a very lowincome, low-income, or moderate-income household or who
is from a special needs population, and whose monthly housing costs, including utilities other than telephone, do not
exceed thirty percent of the household's monthly income.
(b) "Very low-income household" means a single person, family, or unrelated persons living together whose
income is at or below fifty percent of the median income,
adjusted for household size, for the county where the affordable housing is located.
(c) "Low-income household" means a single person,
family, or unrelated persons living together whose income is
more than fifty percent but is at or below eighty percent of the
median income where the affordable housing is located.
(d) "Moderate-income household" means a single person, family, or unrelated persons living together whose
income is more than eighty percent but is at or below one
hundred fifteen percent of the median income where the
affordable housing is located. [1993 c 461 § 2; 1990 c 253 §
6.]
Finding—1993 c 461: "(1) The legislature finds that:
(a) The lack of affordable housing for very low-income, low-income,
or moderate-income households and special needs populations is intensified
by the rising cost of land and construction; and
(b) There are publicly owned land and buildings which may be suitable
to be marketed, sold, leased, or exchanged for the development of affordable
housing.
(2) The legislature declares that the purpose of this act is to:
(a) Provide for an analysis of the inventory of state-owned lands and
buildings prepared by the departments of natural resources, transportation,
corrections, and general administration;
(b) Identify other publicly owned land and buildings that may be suitable for the development of affordable housing for very-low income, lowincome, or moderate-income households and special needs populations;
(c) Provide a central location of inventories of state and publicly owned
land and buildings that may be suitable to be marketed, sold, leased, or
exchanged for the development of affordable housing; and
(d) Encourage an effective use of publicly owned surplus and underutilized land and buildings suitable for the development of affordable housing
for very low-income, low-income, or moderate-income households and special needs populations." [1993 c 461 § 1.]
Legislative finding and purpose—1990 c 253: See note following
RCW 43.70.340.
43.63A.550
43.63A.550 Growth management—Inventorying and
collecting data. (1) The department shall assist in the process of inventorying and collecting data on public and private
land for the acquisition of data describing land uses, demographics, infrastructure, critical areas, transportation corridors physical features, housing, and other information useful
in managing growth throughout the state. For this purpose the
department shall contract with the department of information
services and shall form an advisory group consisting of representatives from state, local, and federal agencies, colleges
and universities, and private firms with expertise in land
planning, and geographic information systems.
(2) The department shall establish a sequence for acquiring data, giving priority to rapidly growing areas. The data
shall be retained in a manner to facilitate its use in preparing
[Title 43 RCW—page 306]
maps, aggregating with data from multiple jurisdictions, and
comparing changes over time. Data shall further be retained
in a manner which permits its access via computer.
(3) The department shall work with other state agencies,
local governments, and private organizations that are inventorying public and private lands to ensure close coordination
and to ensure that duplication of efforts does not occur.
[1998 c 245 § 71; 1990 1st ex.s. c 17 § 21.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
43.63A.610
43.63A.610 Emergency mortgage assistance—
Guidelines. Emergency mortgage assistance shall be provided under the following general guidelines:
(1) Loans provided under the program shall not exceed
an amount equal to twenty-four months of mortgage payments.
(2) The maximum loan amount allowed under the program shall not exceed twenty thousand dollars.
(3) Loans shall be made to applicants who meet specific
income guidelines established by the department.
(4) Loan payments shall be made directly to the mortgage lender.
(5) Loans shall be granted on a first-come, first-served
basis.
(6) Repayment of loans provided under the program
shall be made to eligible local organizations, and must not
take more than twenty years. Funds repaid to the program
shall be used as grants or loans under the provisions of RCW
*43.63A.600 through 43.63A.640. [1994 c 114 § 2; 1991 c
315 § 24.]
*Reviser's note: RCW 43.63A.600 was repealed by 1995 c 226 § 35,
effective June 30, 2001.
Effective date—1994 c 114: "This act shall take effect July 1, 1994."
[1994 c 114 § 6.]
Intent—1991 c 315: See note following RCW 28B.50.030.
Severability—Conflict with federal requirements—Effective date—
1991 c 315: See RCW 50.70.900 through 50.70.902.
43.63A.620
43.63A.620 Emergency rental assistance—Guidelines. Emergency rental assistance shall be provided under
the following general guidelines:
(1) Rental assistance provided under the program may be
in the form of loans or grants and shall not exceed an amount
equal to twenty-four months of rental payments.
(2) Rental assistance shall be made to applicants who
meet specific income guidelines established by the department.
(3) Rental payments shall be made directly to the landlord.
(4) Rental assistance shall be granted on a first-come,
first-served basis. [1994 c 114 § 3; 1991 c 315 § 25.]
Effective date—1994 c 114: See note following RCW 43.63A.610.
Intent—1991 c 315: See note following RCW 28B.50.030.
Severability—Conflict with federal requirements—Effective date—
1991 c 315: See RCW 50.70.900 through 50.70.902.
43.63A.630
43.63A.630 Emergency mortgage and rental assistance program—Eligibility. To be eligible for assistance
under the program, an applicant must:
(2004 Ed.)
Department of Community, Trade, and Economic Development
(1) Be unable to keep mortgage or rental payments current, due to a loss of employment, and shall be at significant
risk of eviction;
(2) Have his or her permanent residence located in an eligible community;
(3) If requesting emergency mortgage assistance, be the
owner of an equitable interest in the permanent residence and
intend to reside in the home being financed;
(4) Be actively seeking new employment or be enrolled
in a training program approved by the director; and
(5) Submit an application for assistance to an organization eligible to receive funds under *RCW 43.63A.600.
[1994 c 114 § 4; 1991 c 315 § 26.]
*Reviser's note: RCW 43.63A.600 was repealed by 1995 c 226 § 35,
effective June 30, 2001.
Effective date—1994 c 114: See note following RCW 43.63A.610.
Intent—1991 c 315: See note following RCW 28B.50.030.
Severability—Conflict with federal requirements—Effective date—
1991 c 315: See RCW 50.70.900 through 50.70.902.
43.63A.640 Emergency mortgage and rental assistance program—Duties—Interest rate, assignment, eligibility. The department shall carry out the following duties:
(1) Administer the program;
(2) Identify organizations eligible to receive funds to
implement the program;
(3) Develop and adopt the necessary rules and procedures for implementation of the program and for dispersal of
program funds to eligible organizations;
(4) Establish the interest rate for repayment of loans at
two percent below the market rate;
(5) Work with lending institutions and social service providers in the eligible communities to assure that all eligible
persons are informed about the program;
(6) Utilize federal and state programs that complement
or facilitate carrying out the program;
(7) Ensure that local eligible organizations that dissolve
or become ineligible assign their program funds, rights to
loan repayments, and loan security instruments, to the government of the county in which the local organization is
located. If the county government accepts the program assets
described in this subsection, it shall act as a local eligible
organization under the provisions of RCW *43.63A.600
through 43.63A.640. If the county government declines to
participate, the program assets shall revert to the department.
[1994 c 114 § 5; 1991 c 315 § 27.]
43.63A.640
*Reviser's note: RCW 43.63A.600 was repealed by 1995 c 226 § 35,
effective June 30, 2001.
Effective date—1994 c 114: See note following RCW 43.63A.610.
Intent—1991 c 315: See note following RCW 28B.50.030.
Severability—Conflict with federal requirements—Effective date—
1991 c 315: See RCW 50.70.900 through 50.70.902.
43.63A.645 Emergency housing programs—Rules.
The department shall, by rule, establish program standards,
eligibility standards, eligibility criteria, and administrative
rules for emergency housing programs and specify other benefits that may arise in consultation with providers. [1999 c
267 § 5.]
43.63A.645
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
(2004 Ed.)
43.63A.655
43.63A.650
43.63A.650 Housing—Department's responsibilities.
(1) The department shall be the principal state department
responsible for coordinating federal and state resources and
activities in housing, except for programs administered by the
Washington state housing finance commission under chapter
43.180 RCW, and for evaluating the operations and accomplishments of other state departments and agencies as they
affect housing.
(2) The department shall work with local governments,
tribal organizations, local housing authorities, nonprofit community or neighborhood-based organizations, and regional or
statewide nonprofit housing assistance organizations, for the
purpose of coordinating federal and state resources with local
resources for housing.
(3) The department shall be the principal state department responsible for providing shelter and housing services
to homeless families with children. The department shall
have the principal responsibility to coordinate, plan, and
oversee the state's activities for developing a coordinated and
comprehensive plan to serve homeless families with children.
The plan shall be developed collaboratively with the department of social and health services. The department shall
include community organizations involved in the delivery of
services to homeless families with children, and experts in
the development and ongoing evaluation of the plan. The
department shall follow professionally recognized standards
and procedures. The plan shall be implemented within
amounts appropriated by the legislature for that specific purpose in the operating and capital budgets. The department
shall submit the plan to the appropriate committees of the
senate and house of representatives no later than September
1, 1999, and shall update the plan and submit it to the appropriate committees of the legislature by January 1st of every
odd-numbered year through 2007. The plan shall address at
least the following: (a) The need for prevention assistance;
(b) the need for emergency shelter; (c) the need for transitional assistance to aid families into permanent housing; (d)
the need for linking services with shelter or housing; and (e)
the need for ongoing monitoring of the efficiency and effectiveness of the plan's design and implementation. [1999 c
267 § 3; 1993 c 478 § 13.]
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
43.63A.655
43.63A.655 Homelessness—Data collection and analyses. (1) In order to improve services for the homeless, the
department, within amounts appropriated by the legislature
for this specific purpose, shall implement a system for the
ongoing collection and analysis of data about the extent and
nature of homelessness in Washington state, giving emphasis
to information about extent and nature of homelessness in
Washington state families with children. The system may be
merged with other data gathering and reporting systems and
shall:
(a) Protect the right of privacy of individuals;
(b) Provide for consultation and collaboration with state
agencies including the department of social and health services, experts, and community organizations involved in the
delivery of services to homeless persons; and
(c) Include related information held or gathered by other
state agencies.
[Title 43 RCW—page 307]
43.63A.660
Title 43 RCW: State Government—Executive
(2) Within amounts appropriated by the legislature, for
this specific purpose, the department shall evaluate the information gathered and disseminate the analysis and the evaluation broadly, using appropriate computer networks as well as
written reports. [1999 c 267 § 4.]
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
43.63A.660 Housing—Technical assistance and
information, affordable housing. The department shall
provide technical assistance and information to state agencies
and local governments to assist in the identification and
removal of regulatory barriers to the development and placement of affordable housing. In providing assistance the
department may:
(1) Analyze the costs and benefits of state legislation,
rules, and administrative actions and their impact on the
development and placement of affordable housing;
(2) Analyze the costs and benefits of local legislation,
rules, and administrative actions and their impact on the
development and placement of affordable housing;
(3) Assist state agencies and local governments in determining the impact of existing and anticipated actions, legislation, and rules on the development and placement of affordable housing;
(4) Investigate techniques and opportunities for reducing
the life-cycle housing costs through regulatory reform;
(5) Develop model standards and ordinances designed to
reduce regulatory barriers to affordable housing and assisting
in their adoption and use at the state and local government
level;
(6) Provide technical assistance and information to state
agencies and local governments for implementation of legislative and administrative reform programs to remove barriers
to affordable housing;
(7) Prepare state regulatory barrier removal strategies;
(8) Provide staffing to the affordable housing advisory
board created in RCW 43.185B.020; and
(9) Perform other activities as the director deems necessary to assist the state, local governments, and the housing
industry in meeting the affordable housing needs of the state.
[1993 c 478 § 14.]
43.63A.660
43.63A.670 Home-matching program—Finding,
purpose. (1) The legislature finds that:
(a) The trend toward smaller household sizes will continue into the foreseeable future;
(b) Many of these households are in housing units that
contain more bedrooms than occupants;
(c) There are older homeowners on relatively low, fixed
income who are experiencing difficulties maintaining their
homes; and
(d) There are single parents, recently widowed persons,
people in the midst of divorce or separation, and handicapped
that are faced with displacement due to the high cost of housing.
(2) The legislature declares that the purpose of RCW
43.63A.680 is to develop a pilot program designed to:
(a) Provide home-matching services that can enable people to continue living in their homes while promoting continuity of home ownership and community stability; and
43.63A.670
[Title 43 RCW—page 308]
(b) Counter the problem of displacement among people
on relatively low, fixed incomes by linking people offering
living space with people seeking housing. [1993 c 478 § 18.]
43.63A.680
43.63A.680 Home-matching program—Pilot programs. (1) The department may develop and administer a
home-matching program for the purpose of providing grants
and technical assistance to eligible organizations to operate
local home-matching programs. For purposes of this section,
"eligible organizations" are those organizations eligible to
receive assistance through the Washington housing trust
fund, chapter 43.185 RCW.
(2) The department may select up to five eligible organizations for the purpose of implementing a local home-matching program. The local home-matching programs are
designed to facilitate: (a) Intergenerational homesharing
involving older homeowners sharing homes with younger
persons; (b) homesharing arrangements that involve an
exchange of services such as cooking, housework, gardening,
or babysitting for room and board or some financial consideration such as rent; and (c) the more efficient use of available
housing.
(3) In selecting local pilot programs under this section,
the department shall consider:
(a) The eligible organization's ability, stability, and
resources to implement the local home-matching program;
(b) The eligible organization's efforts to coordinate other
support services needed by the individual or family participating in the local home-matching program; and
(c) Other factors the department deems appropriate.
(4) The eligible organizations shall establish criteria for
participation in the local home-matching program. The eligible organization shall make a determination of eligibility
regarding the individuals' or families' participation in the
local home-matching program. The determination shall
include, but is not limited to a verification of the individual's
or family's history of making rent payments in a consistent
and timely manner. [1993 c 478 § 19.]
43.63A.690
43.63A.690 Minority and women-owned business
enterprises—Linked deposit program. (1) The department
shall provide technical assistance and loan packaging services that enable minority and women-owned business enterprises to obtain financing under the linked deposit program
created under RCW 43.86A.060.
(2) The department shall, in consultation with the state
treasurer and office of minority and women's business enterprises, monitor the performance of loans made to minority
and women-owned business enterprises under RCW
43.86A.060.
(3) The department, in consultation with the office of
minority and women's business enterprises, shall develop
indicators to measure the performance of the linked deposit
program in the areas of job creation or retention and providing access to capital to minority or women's business enterprises. [2002 c 305 § 3; 1993 c 512 § 31.]
Sunset Act application: See note following RCW 43.86A.060.
Finding—Intent—1993 c 512: See note following RCW 43.86A.060.
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
(2004 Ed.)
Department of Community, Trade, and Economic Development
43.63A.715
43.63A.715 Rural enterprise zones—Establishment—Applications—Authority of zones. The legislature
recognizes the unique difficulties encountered by communities in rural distressed areas wishing to promote business
development, increase employment opportunities, and provide a high quality of life for its citizens. In response the legislature authorizes the establishment of rural enterprise zones
that will allow the targeting of state services and resources in
the form of business, industry recruitment, regulatory relief,
and infrastructure development. It is the intent of the legislature to provide the critical level of resources and services to
businesses and entities located in these rural enterprise zones
that they will be the catalyst for economic prosperity and
diversity throughout rural distressed areas in Washington.
(1) The department in cooperation with the department
of revenue and other state agencies shall approve applications
submitted by local governments in rural distressed areas. The
application shall be in the form and manner and contain the
necessary information designated by the department. The
application shall:
(a) Be submitted on behalf of the local government by
the chief elected official or, if none, by the governing body of
the local government;
(b) Outline the purpose for the economic development
enterprise zone and the process in which the application was
developed;
(c) Demonstrate the level of government and community
support for the enterprise zone;
(d) Outline the manner in which the enterprise zone will
be governed and report its activities to the local government
and the department; and
(e) Designate the geographic area in which the rural
enterprise zone will exist.
(2) Rural enterprise zones are authorized to:
(a) Hire a director or designate an individual to oversee
operations;
(b) Seek federal, state, and local government support in
its efforts to target, develop, and attract viable businesses;
(c) Work with the office of business assistance and
recruitment for rural distressed areas in the pursuit of its economic development activities;
(d) Provide a local one-stop shop for businesses intending to locate, retain, expand, or start their businesses within
its zone; and
(e) Provide comprehensive permitting, zoning, and regulatory assistance to businesses or entities within the zone.
(3) Rural enterprise zones are authorized to receive the
services and funding resources as provided under the rural
area marketing plan and other resources assisting rural distressed areas.
(4) Rural enterprise zones may be established in conjunction with a foreign trade zone. [1997 c 366 § 9.]
Intent—Goals—Severability—Captions and part headings not
law—1997 c 366: See notes following RCW 82.14.370.
43.63A.720
43.63A.720 Prostitution prevention and intervention
services—Grant program. There is established in the
department of community, trade, and economic development
a grant program to enhance funding for prostitution prevention and intervention services. Activities that can be funded
through this grant program shall provide effective prostitu(2004 Ed.)
43.63A.735
tion prevention and intervention services, such as counseling,
parenting, housing relief, education, and vocational training,
that:
(1) Comprehensively address the problems of persons
who are prostitutes; and
(2) Enhance the ability of persons to leave or avoid prostitution. [1995 c 353 § 7.]
43.63A.725
43.63A.725 Prostitution prevention and intervention
grants—Eligibility. (1) Applications for funding under this
chapter must:
(a) Meet the criteria in RCW 43.63A.720; and
(b) Contain evidence of active participation of the community and its commitment to providing effective prevention
and intervention services for prostitutes through the participation of local governments, tribal governments, networks
under chapter 70.190 RCW, human service and health organizations, and treatment entities and through meaningful
involvement of others, including citizen groups.
(2) Local governments, networks under chapter 70.190
RCW, nonprofit community groups, and nonprofit treatment
providers including organizations that provide services, such
as emergency housing, counseling, and crisis intervention
shall, among others, be eligible for grants established under
RCW 43.63A.720. [1995 c 353 § 8.]
43.63A.730
43.63A.730 Prostitution prevention and intervention
grants—Applications, contents. At a minimum, grant
applications must include the following:
(1) The proposed geographic service area;
(2) A description of the extent and effect of the needs for
prostitution prevention and intervention within the relevant
geographic area;
(3) An explanation of how the funds will be used, their
relationship to existing services available within the community, and the need that they will fulfill;
(4) An explanation of what organizations were involved
in the development of the proposal; and
(5) The methods that will be employed to measure the
success of the program. [1995 c 353 § 9.]
43.63A.735
43.63A.735 Prostitution prevention and intervention
grants—Award and use. (1) Subject to funds appropriated
by the legislature, including funds in the prostitution prevention and intervention account, the department of community,
trade, and economic development shall make awards under
the grant program established by RCW 43.63A.720.
(2) Awards shall be made competitively based on the
purposes of and criteria in RCW 43.63A.720 through
43.63A.730.
(3) Activities funded under this section may be considered for funding in future years, but shall be considered under
the same terms and criteria as new activities. Funding of a
program or activity under this chapter shall not constitute an
obligation by the state of Washington to provide ongoing
funding.
(4) The department of community, trade, and economic
development may receive such gifts, grants, and endowments
from public or private sources as may be made from time to
time, in trust or otherwise, for the use and benefit of the pur[Title 43 RCW—page 309]
43.63A.740
Title 43 RCW: State Government—Executive
poses of the grant program established under RCW
43.63A.720 and expend the same or any income from these
sources according to the terms of the gifts, grants, or endowments.
(5) The department of community, trade, and economic
development may expend up to five percent of the funds
appropriated for the grant program for administrative costs
and grant supervision. [1995 c 353 § 10.]
43.63A.740
43.63A.740 Prostitution prevention and intervention
account. The prostitution prevention and intervention
account is created in the state treasury. All designated
receipts from fees under RCW 9.68A.105 and 9A.88.120
shall be deposited into the account. Expenditures from the
account may be used only for funding the grant program to
enhance prostitution prevention and intervention services
under RCW 43.63A.720. [1995 c 353 § 11.]
43.63A.750
43.63A.750 Performing arts, art museums, cultural
facilities—Competitive grant program for nonprofit
organizations. (Expires June 30, 2007.) (1) A competitive
grant program to assist nonprofit organizations in acquiring,
constructing, or rehabilitating performing arts, art museums,
and cultural facilities is created.
(2)(a) The department shall submit a list of recommended performing arts, art museum projects, and cultural
organization projects eligible for funding to the governor and
the legislature in the department's biennial capital budget
request beginning with the 2001-2003 biennium and thereafter. The list, in priority order, shall include a description of
each project, the amount of recommended state funding, and
documentation of nonstate funds to be used for the project.
The total amount of recommended state funding for projects
on a biennial project list shall not exceed four million dollars.
The department may provide an additional alternate project
list which shall not exceed five hundred thousand dollars.
(b) The department shall establish a competitive process
to prioritize applications for state assistance as follows:
(i) The department shall conduct a statewide solicitation
of project applications from nonprofit organizations, local
governments, and other entities, as determined by the department. The department shall evaluate and rank applications in
consultation with a citizen advisory committee, including a
representative from the state arts commission, using objective criteria. The evaluation and ranking process shall also
consider local community support for projects and an examination of existing assets that applicants may apply to projects.
(ii) The department may establish the amount of state
grant assistance for individual project applications but the
amount shall not exceed twenty percent of the estimated total
capital cost or actual cost of a project, whichever is less. The
remaining portions of the project capital cost shall be a match
from nonstate sources. The nonstate match may include cash,
the value of real property when acquired solely for the purpose of the project, and in-kind contributions. The department is authorized to set matching requirements for individual projects. State assistance may be used to fund separate
definable phases of a project if the project demonstrates adequate progress and has secured the necessary match funding.
[Title 43 RCW—page 310]
(iii) The department shall not sign contracts or otherwise
financially obligate funds under this section until the legislature has approved a specific list of projects. In contracts for
grants authorized under this section, the department shall
include provisions requiring that capital improvements be
held by the grantee for a specified period of time appropriate
to the amount of the grant and that facilities be used for the
express purpose of the grant. If the grantee is found to be out
of compliance with provisions of the contract, the grantee
shall repay to the state general fund the principal amount of
the grant plus interest calculated at the rate of interest on state
of Washington general obligation bonds issued most closely
to the date of authorization of the grant. [1999 c 295 § 1.]
Expiration date—1999 c 295: "Section 1 of this act, RCW 27.34.330,
and 43.63A.125 shall expire June 30, 2007." [1999 c 295 § 4.]
43.63A.760
43.63A.760 Airport impact mitigation account—
Creation—Report. (1) The airport impact mitigation
account is created in the custody of the state treasury. Moneys deposited in the account, including moneys received from
the port of Seattle for purposes of this section, may be used
only for airport mitigation purposes as provided in this section. Only the director of the department of community,
trade, and economic development or the director's designee
may authorize expenditures from the account. The account is
subject to allotment procedures under chapter 43.88 RCW,
but an appropriation is not required for expenditures.
(2) The department of community, trade, and economic
development shall establish a competitive process to prioritize applications for airport impact mitigation assistance
through the account created in subsection (1) of this section.
The department shall conduct a solicitation of project applications in the airport impact area as defined in subsection (4)
of this section. Eligible applicants include public entities
such as cities, counties, schools, parks, fire districts, and shall
include organizations eligible to apply for grants under RCW
43.63A.125. The department of community, trade, and economic development shall evaluate and rank applications in
conjunction with the airport impact mitigation advisory board
established in subsection (3) of this section using objective
criteria developed by the department in conjunction with the
airport impact mitigation advisory board. At a minimum, the
criteria must consider: The extent to which the applicant is
impacted by the airport; and the other resources available to
the applicant to mitigate the impact, including other mitigation funds. The director of the department of community,
trade, and economic development shall award grants annually to the extent funds are available in the account created in
subsection (1) of this section.
(3) The director of the department of community, trade,
and economic development shall establish the airport impact
mitigation advisory board comprised of persons in the airport
impact area to assist the director in developing criteria and
ranking applications under this section. The advisory board
shall include representation of local governments, the public
in general, businesses, schools, community services organizations, parks and recreational activities, and others at the
discretion of the director. The advisory board shall be
weighted toward those communities closest to the airport that
are more adversely impacted by airport activities.
(2004 Ed.)
Mobile and Manufactured Home Installation
(4) The airport impact area includes the incorporated
areas of Burien, Normandy Park, Des Moines, SeaTac, Tukwilla, Kent, and Federal Way, and the unincorporated portion
of west King county.
(5) The department of community, trade, and economic
development shall report on its activities related to the
account created in this section by January 1, 2004, and each
January 1st thereafter. [2003 1st sp.s. c 26 § 928.]
Severability—Effective dates—2003 1st sp.s. c 26: See notes following RCW 43.135.045.
43.63A.900 Severability—1967 c 74. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances
is not affected. [1967 c 74 § 16.]
43.63A.900
43.63A.901 Severability—1984 c 125. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 125 § 23.]
43.63A.901
43.63A.902 Headings—1984 c 125. Headings as used
in this act constitute no part of the law. [1984 c 125 § 24.]
43.63A.902
43.63A.903
43.63A.903 Effective date—1984 c 125. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect June 30,
1984. [1984 c 125 § 25.]
Chapter 43.63B
Chapter 43.63B RCW
MOBILE AND MANUFACTURED
HOME INSTALLATION
Sections
43.63B.005
43.63B.010
43.63B.020
43.63B.030
43.63B.035
43.63B.040
43.63B.050
43.63B.060
43.63B.070
43.63B.080
43.63B.090
43.63B.100
43.63B.110
43.63B.120
43.63B.130
43.63B.140
43.63B.150
43.63B.160
43.63B.170
43.63B.800
43.63B.900
43.63B.901
43.63B.005
Purpose.
Definitions.
Installer certification—Application—Training.
Installer certification—Training course—Examination.
Installer certification—Alternative to department training
course—Rules.
Installer certification—Issuance of certificate—Renewal—
Suspension of license or certificate for noncompliance with
support order.
Installer certification—Revocation.
Local government installation application and permit requirements.
Fees—Certification program.
Manufactured home installation training account.
Certified installer required on-site—Infraction—Exceptions.
Certified installer required on-site—Infraction—Notice.
Violations—Investigations—Inspections.
Violations—Separate infraction for each day, each worksite.
Violation—Use of uncertified installer.
Notice of infraction.
Infractions adjudicated under administrative procedure act.
Notice as determination.
Penalty.
Rule adoption—Enforcement.
Severability—1994 c 284.
Effective date—1994 c 284.
43.63B.005 Purpose. The purpose of this chapter is to
ensure that all mobile and manufactured homes are installed
by a certified manufactured home installer in accordance
(2004 Ed.)
43.63B.010
with the state installation code, chapter 296-150B WAC, in
order to provide greater protections to consumers and make
the warranty requirement of *RCW 46.70.134 easier to
achieve. [1994 c 284 § 14.]
*Reviser's note: The reference in 1994 c 284 § 14 to "section 2 of this
act" was erroneous. Section 10 of that act, codified as RCW 46.70.134, was
apparently intended.
Dispute mediation: RCW 46.70.136.
43.63B.010
43.63B.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Authorized representative" means an employee of a
state agency, city, or county acting on behalf of the department.
(2) "Certified manufactured home installer" means a person who is in the business of installing mobile or manufactured homes and who has been issued a certificate by the
department as provided in this chapter.
(3) "Department" means the department of community,
trade, and economic development.
(4) "Director" means the director of community, trade,
and economic development.
(5) "Manufactured home" means a single-family dwelling built in accordance with the department of housing and
urban development manufactured home construction and
safety standards act, which is a national, preemptive building
code.
(6) "Mobile or manufactured home installation" means
all on-site work necessary for the installation of a manufactured home, including:
(a) Construction of the foundation system;
(b) Installation of the support piers and earthquake resistant bracing system;
(c) Required connection to foundation system and support piers;
(d) Skirting;
(e) Connections to the on-site water and sewer systems
that are necessary for the normal operation of the home; and
(f) Extension of the pressure relief valve for the water
heater.
(7) "Manufactured home standards" means the manufactured home construction and safety standards as promulgated
by the United States department of housing and urban development (HUD).
(8) "Mobile home" means a factory-built dwelling built
prior to June 15, 1976, to standards other than the HUD code,
and acceptable under applicable state codes in effect at the
time of construction or introduction of the home into the
state. Mobile homes have not been built since introduction of
the HUD manufactured home construction and safety standards act.
(9) "Training course" means the education program
administered by the department, or the education course
administered by an approved educational provider, as a prerequisite to taking the examination for certification.
(10) "Approved educational provider" means an organization approved by the department to provide education and
training of manufactured home installers and local inspectors. [1998 c 124 § 6; 1994 c 284 § 15.]
[Title 43 RCW—page 311]
43.63B.020
Title 43 RCW: State Government—Executive
43.63B.020 Installer certification—Application—
Training. A person desiring to be issued a certificate of
manufactured home installation as provided in this chapter
shall make application to the department, in such a form as
required by the department.
Upon receipt of the application and evidence required in
this chapter, the director shall review the information and
make a determination as to whether the applicant is eligible to
take the training course and examination for the certificate of
manufactured home installation. An applicant must furnish
written evidence of six months of experience under the direct
supervision of a certified manufactured home installer, or
other equivalent experience, in order to be eligible to take the
training course and examination. The director shall establish
reasonable rules for the training course and examinations to
be given to applicants for certificates of manufactured home
installation. Upon determining that the applicant is eligible to
take the training course and examination, the director shall
notify the applicant, indicating the time and place for taking
the training course and examination.
The requirement that an applicant must be under the
direct supervision of a certified manufactured home installer
for six months only applies to applications made on or after
July 1, 1996. For applications made before July 1, 1996, the
department shall require evidence of experience to satisfy
this requirement.
The director may allow other persons to take the training
course and examination on manufactured home installation,
without certification. [1994 c 284 § 17.]
43.63B.020
43.63B.030 Installer certification—Training
course—Examination. The department shall prepare a written training course and examination to be administered to
applicants for manufactured home installer certification. The
examination shall be constructed to determine whether the
applicant:
(1) Possesses general knowledge of the technical information and practical procedures that are necessary for manufactured home installation;
(2) Is familiar with the federal and state codes and
administrative rules pertaining to manufactured homes; and
(3) Is familiar with the local government regulations as
related to manufactured home installations.
The department shall certify the results of the examination and shall notify the applicant in writing whether the
applicant has passed or failed the examination. An applicant
who failed the examination may retake the training course
and examination. The director may not limit the number of
times that a person may take the training course and examination. [1994 c 284 § 18.]
43.63B.030
43.63B.035 Installer certification—Alternative to
department training course—Rules. The department shall
adopt rules to establish and administer a process of approving
educational providers as an alternative to the department
training course for installers and local inspectors. [1998 c
124 § 7.]
43.63B.035
ment shall issue a certificate of manufactured home installation to an applicant who has taken the training course, passed
the examination, paid the fees, and in all other respects meets
the qualifications. The certificate shall bear the date of issuance, a certification identification number, and is renewable
every three years upon application and completion of a continuing education program as determined by the department.
A renewal fee shall be assessed for each certificate. If a person fails to renew a certificate by the renewal date, the person
must retake the examination and pay the examination fee.
(2) The certificate of manufactured home installation
provided for in this chapter grants the holder the right to
engage in manufactured home installation throughout the
state, without any other installer certification.
(3) The department shall immediately suspend the
license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a
support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or
certificate shall be automatic upon the department's receipt of
a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[1997 c 58 § 874; 1994 c 284 § 19.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
43.63B.050
43.63B.050 Installer certification—Revocation. (1)
The department may revoke a certificate of manufactured
home installation upon the following grounds:
(a) The certificate was obtained through error or fraud;
(b) The holder of the certificate is judged to be incompetent as a result of multiple infractions of the state installation
code, WAC 296-150B-200 through 296-150B-255; or
(c) The holder has violated a provision of this chapter or
a rule adopted to implement this chapter.
(2) Before a certificate of manufactured home installation is revoked, the holder must be given written notice of the
department's intention to revoke the certificate, sent by registered mail, return receipt requested, to the holder's last known
address. The notice shall enumerate the allegations against
the holder, and shall give the holder the opportunity to
request a hearing. At the hearing, the department and the
holder may produce witnesses and give testimony. The hearing shall be conducted in accordance with the provisions of
chapter 34.05 RCW. [1994 c 284 § 21.]
43.63B.060
43.63B.040 Installer certification—Issuance of certificate—Renewal—Suspension of license or certificate
for noncompliance with support order. (1) The depart43.63B.040
[Title 43 RCW—page 312]
43.63B.060 Local government installation application and permit requirements. Any local government
mobile or manufactured home installation application and
permit shall state either the name and registration number of
(2004 Ed.)
Mobile and Manufactured Home Installation
the contractor or licensed manufactured home dealer or the
certification identification number of the certified manufactured home installer supervising such installation. A local
government may not issue final approval for the installation
of a manufactured home unless the certified installer or the
installer's agent has posted at the set-up site the manufactured
home installer's certification number and has identified the
work being performed on the manufactured home installation
on a form prescribed by the department. [1998 c 124 § 8;
1994 c 284 § 20.]
43.63B.070
43.63B.070 Fees—Certification program. The
department shall charge reasonable fees to cover the costs to
administer the certification program which shall include but
not be limited to the issuance, renewal, and reinstatement of
all certificates, training courses, and examinations required
under this chapter. All fees collected under this chapter shall
be deposited in the manufactured home installation training
account created in RCW 43.63B.080 and used only for the
purposes specified in this chapter.
The fees shall be limited to covering the direct cost of
issuing the certificates, administering the examinations, and
administering and enforcing this chapter. The costs shall
include only essential travel, per diem, and administrative
support costs. [1994 c 284 § 22.]
43.63B.080
43.63B.080 Manufactured home installation training
account. The manufactured home installation training
account is created in the state treasury. All receipts collected
under this chapter and any legislative appropriations for manufactured home installation training shall be deposited into
the account. Moneys in the account may only be spent after
appropriation. Expenditures from the account may only be
used for the purposes of this chapter. Unexpended and unencumbered moneys that remain in the account at the end of the
fiscal year do not revert to the state general fund but remain
in the account, separately accounted for, as a contingency
reserve. [1994 c 284 § 23.]
43.63B.090
43.63B.090 Certified installer required on-site—
Infraction—Exceptions. After July 1, 1995, a mobile or
manufactured home may not be installed without a certified
manufactured home installer providing on-site supervision
whenever installation work is being performed. The certified
manufactured home installer is responsible for the reading,
understanding, and following [of] the manufacturer's installation instructions and performance of noncertified workers
engaged in the installation of the home. There shall be at least
one certified manufactured home installer on the installation
site whenever installation work is being performed.
A manufactured home installer certification shall not be
required for:
(1) Site preparation;
(2) Sewer and water connections outside of the building
site;
(3) Specialty trades that are responsible for constructing
accessory structures such as garages, carports, and decks;
(4) Pouring concrete into forms;
(5) Painting and dry wall finishing;
(6) Carpet installation;
(2004 Ed.)
43.63B.140
(7) Specialty work performed within the scope of their
license by licensed plumbers or electricians. This provision
does not waive or lessen any state regulations related to
licensing or permits required for electricians or plumbers;
(8) A mobile or manufactured home owner performing
installation work on their own home; and
(9) A manufacturer's mobile home installation crew
installing a mobile or manufactured home sold by the manufacturer except for the on-site supervisor.
Violation of this section is an infraction. [1994 c 284 §
16.]
43.63B.100
43.63B.100 Certified installer required on-site—
Infraction—Notice. An authorized representative of the
department may issue a notice of infraction if the person
supervising the manufactured home installation work fails to
produce evidence of having a certificate issued by the department in accordance with this chapter. A notice of infraction
issued under this chapter shall be personally served on or sent
by certified mail to the person named in the notice by the
authorized representative. [1994 c 284 § 25.]
43.63B.110
43.63B.110 Violations—Investigations—Inspections.
An authorized representative may investigate alleged or
apparent violations of this chapter. Upon presentation of credentials, an authorized representative, including a local government building official, may inspect sites at which manufactured home installation work is undertaken to determine
whether such work is being done under the supervision of a
certified manufactured home installer. Upon request of the
authorized representative, a person performing manufactured
home installation work shall identify the person holding the
certificate issued by the department in accordance with this
chapter. [1994 c 284 § 24.]
43.63B.120
43.63B.120 Violations—Separate infraction for each
day, each worksite. Each day in which a person engages in
the installation of manufactured homes in violation of this
chapter is a separate infraction. Each worksite at which a person engages in the trade of manufactured home installation in
violation of this chapter is a separate infraction. [1994 c 284
§ 27.]
43.63B.130
43.63B.130 Violation—Use of uncertified installer. It
is a violation of this chapter for any contractor, manufactured
home dealer, manufacturer, or home dealer's or manufacturer's agent to engage any person to install a manufactured
home who is not certified in accordance with this chapter.
[1994 c 284 § 28.]
43.63B.140
43.63B.140 Notice of infraction. (1) The department
shall prescribe the form of the notice of infraction issued
under this chapter.
(2) The notice of infraction shall include the following:
(a) A statement that the notice represents a determination
that the infraction has been committed by the person named
in the notice and that the determination is final unless contested as provided in this chapter;
[Title 43 RCW—page 313]
43.63B.150
Title 43 RCW: State Government—Executive
(b) A statement that the infraction is a noncriminal
offense for which imprisonment may not be imposed as a
sanction;
(c) A statement of the specific infraction for which the
notice was issued;
(d) A statement of a monetary penalty that has been
established for the infraction;
(e) A statement of the options provided in this chapter
for responding to the notice and the procedures necessary to
exercise these options;
(f) A statement that, at a hearing to contest the determination, the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed, and
that the person may subpoena witnesses including the authorized representative who issued and served the notice of the
infraction;
(g) A statement, that the person shall sign, that the person promises to respond to the notice of infraction in one of
the ways provided in this chapter;
(h) A statement that refusal to sign the infraction as
directed in (g) of this subsection is a misdemeanor; and
(i) A statement that failure to respond to a notice of
infraction as promised is a misdemeanor and may be punished by a fine or imprisonment in jail. [1994 c 284 § 26.]
43.63B.150
43.63B.150 Infractions adjudicated under administrative procedure act. All violations designated as an
infraction shall be adjudicated in accordance with the administrative procedure act, chapter 34.05 RCW. [1994 c 284 §
29.]
43.63B.160
43.63B.160 Notice as determination. Unless contested
in accordance with this chapter, the notice of infraction represents a determination that the person to whom the notice was
issued committed the infraction. [1994 c 284 § 30.]
43.63B.170
43.63B.170 Penalty. (1) A person found to have committed an infraction under this chapter shall be assessed a
monetary penalty of one thousand dollars.
(2) The administrative law judge may waive, reduce, or
suspend the monetary penalty imposed for the infraction.
(3) Monetary penalties collected under this chapter shall
be remitted as provided in chapter 3.62 RCW. [1994 c 284 §
31.]
43.63B.800
43.63B.800 Rule adoption—Enforcement. The director may adopt rules in accordance with chapter 34.05 RCW,
make specific decisions, orders, and rulings, include
demands and findings within the decisions, orders, and rulings, and take other necessary action for the implementation
and enforcement of duties under this chapter. [1994 c 284 §
32.]
43.63B.901 Effective date—1994 c 284. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[April 1, 1994]. [1994 c 284 § 35.]
43.63B.901
Chapter 43.70
Sections
43.70.005
43.70.010
43.70.020
43.70.030
43.70.040
43.70.045
43.70.047
43.70.050
43.70.052
43.70.054
43.70.060
43.70.064
43.70.066
43.70.068
43.70.070
43.70.075
43.70.080
43.70.090
43.70.095
43.70.097
43.70.100
43.70.110
43.70.115
43.70.120
43.70.130
43.70.140
43.70.150
43.70.160
43.70.170
43.70.180
43.70.185
43.70.190
43.70.195
43.70.200
43.70.210
43.70.220
43.70.230
43.70.235
43.70.240
43.70.250
43.70.260
43.63B.900
43.63B.900 Severability—1994 c 284. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1994 c 284 § 34.]
[Title 43 RCW—page 314]
Chapter 43.70 RCW
DEPARTMENT OF HEALTH
43.70.270
43.70.280
43.70.290
Intent.
Definitions.
Department created.
Secretary of health.
Secretary's powers—Rule-making authority.
Warren Featherstone Reid Award for Excellence in Health
Care.
Warren Featherstone Reid Award for Excellence in Health
Care.
Collection, utilization, and accessibility of health-related data.
Hospital discharge data—Financial reports—Data retrieval—
American Indian health data.
Health care data standards—Submittal of standards to legislature.
Duties of department—Promotion of health care cost-effectiveness.
Health care quality—Findings and intent—Requirements for
conducting study under RCW 43.70.066.
Study—Uniform quality assurance and improvement program—Reports to legislature—Limitation on rule making.
Quality assurance—Interagency cooperation.
Duties of department—Analysis of health services.
Identity of whistleblower protected—Remedy for retaliatory
action—Definitions—Rules.
Transfer of powers and duties from the department of social
and health services.
Authority to administer oaths and issue subpoenas—Provisions governing subpoenas.
Civil fines.
Enforcement in accordance with RCW 43.05.100 and
43.05.110.
Reports of violations by secretary—Duty to institute proceedings—Notice to alleged violator.
License fees—Exemption—Waiver.
Licenses—Denial, suspension, revocation, modification.
Federal programs—Rules—Statutes to be construed to meet
federal law.
Powers and duties of secretary—General.
Annual conference of health officers.
Registration of vital statistics.
Duties of registrar.
Threat to public health—Investigation, examination or sampling of articles or conditions constituting—Access—Subpoena power.
Threat to public health—Order prohibiting sale or disposition
of food or other items pending investigation.
Inspection of property where marine species located—Prohibitions on harvest or landing—Penalties.
Violations—Injunctions and legal proceedings authorized.
Public water systems—Receivership actions brought by secretary—Plan for disposition.
Enforcement of health laws and state or local rules and regulations upon request of local health officer.
Right of person to rely on prayer to alleviate ailments not
abridged.
Transfer of powers and duties from the department of licensing.
Office of health consumer assistance created—Duties.
Health care disputes—Certifying independent review organizations—Application—Restrictions—Rules.
Written operating agreements.
License fees for professions, occupations, and businesses.
Appointment of temporary additional members of boards and
committees for administration and grading of examinations.
License moratorium for persons in the service.
Procedure for issuance, renewal, or reissuance of credentials—
Extension or modification of licensing, certification, or registration period authorized.
Funeral directors and embalmers subject to chapter 18.130
RCW.
(2004 Ed.)
Department of Health
43.70.300
43.70.310
43.70.320
43.70.325
43.70.327
43.70.334
43.70.335
43.70.337
43.70.340
43.70.400
43.70.410
43.70.420
43.70.430
43.70.440
43.70.450
43.70.460
43.70.470
43.70.480
43.70.500
43.70.510
43.70.520
43.70.525
43.70.530
43.70.540
43.70.545
43.70.550
43.70.555
43.70.560
43.70.570
43.70.575
43.70.580
43.70.590
43.70.600
43.70.605
43.70.610
43.70.620
43.70.630
43.70.640
43.70.650
43.70.660
43.70.670
43.70.680
43.70.900
43.70.901
43.70.902
43.70.910
43.70.920
Secretary or secretary's designee ex officio member of health
professional licensure and disciplinary boards.
Cooperation with department of ecology.
Health professions account—Fees credited—Requirements
for biennial budget request.
Rural health access account.
Public health supplemental account—Annual statement.
Temporary worker housing—Definition.
Temporary worker housing operating license—Fee—Display—Suspension or revocation—Fines—Refunds—
Rules—Application of department of labor and industries
standards.
Temporary worker housing building permit—Plans and specifications—Fees—Rules.
Temporary worker housing inspection fund—Fees on temporary worker housing operating licenses and building permits—Licenses generally.
Head injury prevention—Legislative finding.
Head injury prevention—Program, generally.
Head injury prevention—Information preparation.
Head injury prevention—Guidelines on training and education—Training of emergency medical personnel.
Head injury prevention act—Short title—1990 c 270.
Senior environmental corps—Department powers and duties.
Retired primary care provider liability malpractice insurance—Program authorized.
Retired primary care provider liability malpractice insurance—Conditions.
Emergency medical personnel—Futile treatment and natural
death directives—Guidelines.
Health care services practice indicators and risk management
protocols.
Health care services coordinated quality improvement program—Rules.
Public health services improvement plan.
Immunization assessment and enhancement proposals by local
jurisdictions.
Home visitor program.
Data collection—Legislative finding and intent.
Data collection and reporting rules.
Public health services improvement plan—Contents.
Assessment standards.
Media violence—Reporting reduction efforts.
Intent—1995 c 43.
Definitions.
Public health improvement plan—Funds—Performance-based
contracts—Rules—Evaluation and report.
American Indian health care delivery plan.
Survey regarding exposure to radio frequencies—Results.
Personal wireless services—Random testing on power density
analysis—Rules.
Domestic violence education program—Established—Findings.
List of contacts—Health care professions.
Cost-reimbursement agreements.
Workplace breastfeeding policies—Infant-friendly designation.
School sealant endorsement program—Rules—Fee—Report
to the legislature.
Product safety education.
Human immunodeficiency virus insurance program.
Volunteers for emergency or disaster assistance.
References to the secretary or department of social and health
services—1989 1st ex.s. c 9.
References to the director or department of licensing—1989
1st ex.s. c 9.
References to the hospital commission—1989 1st ex.s. c 9.
Effective date—1989 1st ex.s. c 9.
Severability—1989 1st ex.s. c 9.
Health, board of: Chapter 43.20 RCW.
Immunization program, departmental participation: RCW 28A.210.060
through 28A.210.170.
Interagency agreement on fetal alcohol exposure programs: RCW
70.96A.510.
43.70.020
live in a healthy environment and to expect a minimum standard of quality in health care. The legislature further finds
that the social and economic vitality of the state depend[s] on
a healthy and productive population. The legislature further
declares where it is a duty of the state to assure a healthy
environment and minimum standards of quality in health care
facilities and among health care professionals, the ultimate
responsibility for a healthy society lies with the citizens
themselves.
For these reasons, the legislature recognizes the need for
a strong, clear focus on health issues in state government and
among state health agencies to give expression to the needs of
individual citizens and local communities as they seek to preserve the public health. It is the intent of the legislature to
form such focus by creating a single department in state government with the primary responsibilities for the preservation
of public health, monitoring health care costs, the maintenance of minimal standards for quality in health care delivery, and the general oversight and planning for all the state's
activities as they relate to the health of its citizenry.
Further, it is the intent of the legislature to improve illness and injury prevention and health promotion, and restore
the confidence of the citizenry in the expenditure of public
funds on health activities, and to ensure that this new health
agency delivers quality health services in an efficient, effective, and economical manner that is faithful and responsive to
policies established by the legislature. [1989 1st ex.s. c 9 §
101.]
43.70.010 Definitions. As used in this chapter, unless
the context indicates otherwise:
(1) "Assessment" means the regular collection, analysis,
and sharing of information about health conditions, risks, and
resources in a community. Assessment activities identify
trends in illness, injury, and death and the factors that may
cause these events. They also identify environmental risk factors, community concerns, community health resources, and
the use of health services. Assessment includes gathering statistical data as well as conducting epidemiologic and other
investigations and evaluations of health emergencies and specific ongoing health problems;
(2) "Board" means the state board of health;
(3) "Department" means the department of health;
(4) "Policy development" means the establishment of
social norms, organizational guidelines, operational procedures, rules, ordinances, or statutes that promote health or
prevent injury, illness, or death; and
(5) "Secretary" means the secretary of health. [1995 c
269 § 2201; 1994 sp.s. c 7 § 206; 1989 1st ex.s. c 9 § 102.]
43.70.010
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
43.70.020 Department created. (1) There is hereby
created a department of state government to be known as the
department of health. The department shall be vested with all
powers and duties transferred to it by chapter 9, Laws of 1989
1st ex. sess. and such other powers and duties as may be
authorized by law. The main administrative office of the
43.70.020
Pesticide advisory board, departmental representation: RCW 17.21.230.
Visual and auditory screening of pupils, data transferred to secretary: RCW
28A.210.030.
43.70.005 Intent. The legislature finds and declares
that it is of importance to the people of Washington state to
43.70.005
(2004 Ed.)
[Title 43 RCW—page 315]
43.70.030
Title 43 RCW: State Government—Executive
department shall be located in the city of Olympia. The secretary may establish administrative facilities in other locations, if deemed necessary for the efficient operation of the
department, and if consistent with the principles set forth in
subsection (2) of this section.
(2) The department of health shall be organized consistent with the goals of providing state government with a focus
in health and serving the people of this state. The legislature
recognizes that the secretary needs sufficient organizational
flexibility to carry out the department's various duties. To the
extent practical, the secretary shall consider the following
organizational principles:
(a) Clear lines of authority which avoid functional duplication within and between subelements of the department;
(b) A clear and simplified organizational design promoting accessibility, responsiveness, and accountability to the
legislature, the consumer, and the general public;
(c) Maximum span of control without jeopardizing adequate supervision;
(d) A substate or regional organizational structure for the
department's health service delivery programs and activities
that encourages joint working agreements with local health
departments and that is consistent between programs;
(e) Decentralized authority and responsibility, with clear
accountability;
(f) A single point of access for persons receiving like services from the department which would limit the number of
referrals between divisions.
(3) The department shall provide leadership and coordination in identifying and resolving threats to the public health
by:
(a) Working with local health departments and local governments to strengthen the state and local governmental partnership in providing public protection;
(b) Developing intervention strategies;
(c) Providing expert advice to the executive and legislative branches of state government;
(d) Providing active and fair enforcement of rules;
(e) Working with other federal, state, and local agencies
and facilitating their involvement in planning and implementing health preservation measures;
(f) Providing information to the public; and
(g) Carrying out such other related actions as may be
appropriate to this purpose.
(4) In accordance with the administrative procedure act,
chapter 34.05 RCW, the department shall ensure an opportunity for consultation, review, and comment by the department's clients before the adoption of standards, guidelines,
and rules.
(5) Consistent with the principles set forth in subsection
(2) of this section, the secretary may create such administrative divisions, offices, bureaus, and programs within the
department as the secretary deems necessary. The secretary
shall have complete charge of and supervisory powers over
the department, except where the secretary's authority is specifically limited by law.
(6) The secretary shall appoint such personnel as are necessary to carry out the duties of the department in accordance
with chapter 41.06 RCW.
(7) The secretary shall appoint the state health officer
and such deputy secretaries, assistant secretaries, and other
[Title 43 RCW—page 316]
administrative positions as deemed necessary consistent with
the principles set forth in subsection (2) of this section. All
persons who administer the necessary divisions, offices,
bureaus, and programs, and five additional employees shall
be exempt from the provisions of chapter 41.06 RCW. The
officers and employees appointed under this subsection shall
be paid salaries to be fixed by the governor in accordance
with the procedure established by law for the fixing of salaries for officers exempt from the state civil service law.
(8) The secretary shall administer family services and
programs to promote the state's policy as provided in RCW
74.14A.025. [1992 c 198 § 8; 1989 1st ex.s. c 9 § 103.]
Severability—Effective date—1992 c 198: See RCW 70.190.910 and
70.190.920.
43.70.030
43.70.030 Secretary of health. The executive head and
appointing authority of the department shall be the secretary
of health. The secretary shall be appointed by, and serve at
the pleasure of, the governor in accordance with RCW
43.17.020. The secretary shall be paid a salary to be fixed by
the governor in accordance with RCW 43.03.040. [1989 1st
ex.s. c 9 § 104.]
43.70.040
43.70.040 Secretary's powers—Rule-making authority. In addition to any other powers granted the secretary, the
secretary may:
(1) Adopt, in accordance with chapter 34.05 RCW, rules
necessary to carry out the provisions of chapter 9, Laws of
1989 1st ex. sess.: PROVIDED, That for rules adopted after
July 23, 1995, the secretary may not rely solely on a section
of law stating a statute's intent or purpose, on the enabling
provisions of the statute establishing the agency, or on any
combination of such provisions, for statutory authority to
adopt any rule;
(2) Appoint such advisory committees as may be necessary to carry out the provisions of chapter 9, Laws of 1989 1st
ex. sess. Members of such advisory committees are authorized to receive travel expenses in accordance with RCW
43.03.050 and 43.03.060. The secretary and the board of
health shall review each advisory committee within their
jurisdiction and each statutory advisory committee on a biennial basis to determine if such advisory committee is needed;
(3) Undertake studies, research, and analysis necessary
to carry out the provisions of chapter 9, Laws of 1989 1st ex.
sess. in accordance with RCW 43.70.050;
(4) Delegate powers, duties, and functions of the department to employees of the department as the secretary deems
necessary to carry out the provisions of chapter 9, Laws of
1989 1st ex. sess.;
(5) Enter into contracts on behalf of the department to
carry out the purposes of chapter 9, Laws of 1989 1st ex.
sess.;
(6) Act for the state in the initiation of, or the participation in, any intergovernmental program to the purposes of
chapter 9, Laws of 1989 1st ex. sess.; or
(7) Solicit and accept gifts, grants, bequests, devises, or
other funds from public and private sources. [2001 c 80 § 2;
1995 c 403 § 105; 1989 1st ex.s. c 9 § 106.]
Findings—Intent—2001 c 80: "(1) The legislature finds that developing, creating, and maintaining partnerships between the public and private
sectors can enhance and augment current public health services. The legisla(2004 Ed.)
Department of Health
ture further finds that the department of health should have the ability to
establish such partnerships, and seek out and accept gifts, grants, and other
funding to advance worthy public health goals and programs.
(2) It is the intent of the legislature that gifts and other funds received
by the department of health under the authority granted by RCW 43.70.040
may be used to expand or enhance program operations so long as program
standards established by the department are maintained, but may not supplant or replace funds for federal, state, county, or city-supported programs."
[2001 c 80 § 1.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.70.045
43.70.045 Warren Featherstone Reid Award for
Excellence in Health Care. There is created an award to
honor and recognize cost-effective and quality health care
services. This award shall be known as the "Warren Featherstone Reid Award for Excellence in Health Care." [1994 c 7
§ 2.]
Finding—1994 c 7: "The legislature recognizes the critical importance
of ensuring that all Washington residents have access to quality and affordable health care. The legislature further recognizes that substantial improvements can be made in health care delivery when providers, including health
care facilities, are encouraged to continuously strive for excellence in quality
management practices, value, and consumer satisfaction. The legislature
finds that when centers of quality are highlighted and honored publicly they
become examples for other health care providers to emulate, thereby further
promoting the implementation of improved health care delivery processes."
[1994 c 7 § 1.]
43.70.047
43.70.047 Warren Featherstone Reid Award for
Excellence in Health Care. The governor, in conjunction
with the secretary of health, shall identify and honor health
care providers and facilities in Washington state who exhibit
exceptional quality and value in the delivery of health services. The award shall be given annually consistent with the
availability of qualified nominees. The secretary may appoint
an advisory committee to assist in the selection of nominees,
if necessary. [1994 c 7 § 3.]
43.70.050
43.70.050 Collection, utilization, and accessibility of
health-related data. (1) The legislature intends that the
department, board, and *council promote and assess the quality, cost, and accessibility of health care throughout the state
as their roles are specified in chapter 9, Laws of 1989 1st ex.
sess. in accordance with the provisions of this chapter. In furtherance of this goal, the secretary shall create an ongoing
program of data collection, storage, assessability, and review.
The legislature does not intend that the department conduct
or contract for the conduct of basic research activity. The secretary may request appropriations for studies according to
this section from the legislature, the federal government, or
private sources.
(2) All state agencies which collect or have access to
population-based, health-related data are directed to allow
the secretary access to such data. This includes, but is not
limited to, data on needed health services, facilities, and personnel; future health issues; emerging bioethical issues;
health promotion; recommendations from state and national
organizations and associations; and programmatic and statutory changes needed to address emerging health needs. Private entities, such as insurance companies, health maintenance organizations, and private purchasers are also encour(2004 Ed.)
43.70.052
aged to give the secretary access to such data in their
possession. The secretary's access to and use of all data shall
be in accordance with state and federal confidentiality laws
and ethical guidelines. Such data in any form where the
patient or provider of health care can be identified shall not
be disclosed, subject to disclosure according to chapter 42.17
RCW, discoverable or admissible in judicial or administrative proceedings. Such data can be used in proceedings in
which the use of the data is clearly relevant and necessary and
both the department and the patient or provider are parties.
(3) The department shall serve as the clearinghouse for
information concerning innovations in the delivery of health
care services, the enhancement of competition in the health
care marketplace, and federal and state information affecting
health care costs.
(4) The secretary shall review any data collected, pursuant to this chapter, to:
(a) Identify high-priority health issues that require study
or evaluation. Such issues may include, but are not limited to:
(i) Identification of variations of health practice which
indicate a lack of consensus of appropriateness;
(ii) Evaluation of outcomes of health care interventions
to assess their benefit to the people of the state;
(iii) Evaluation of specific population groups to identify
needed changes in health practices and services;
(iv) Evaluation of the risks and benefits of various incentives aimed at individuals and providers for both preventing
illnesses and improving health services;
(v) Identification and evaluation of bioethical issues
affecting the people of the state; and
(vi) Other such objectives as may be appropriate;
(b) Further identify a list of high-priority health study
issues for consideration by the board or *council, within their
authority, for inclusion in the state health report required by
RCW 43.20.050. The list shall specify the objectives of each
study, a study timeline, the specific improvements in the
health status of the citizens expected as a result of the study,
and the estimated cost of the study; and
(c) Provide background for the state health report
required by RCW 43.20.050.
(5) Any data, research, or findings may also be made
available to the general public, including health professions,
health associations, the governor, professional boards and
regulatory agencies and any person or group who has allowed
the secretary access to data.
(6) The secretary may charge a fee to persons requesting
copies of any data, research, or findings. The fee shall be no
more than necessary to cover the cost to the department of
providing the copy. [1989 1st ex.s. c 9 § 107.]
*Reviser's note: RCW 70.170.030, which created the health care
access and cost control council, was repealed by 1995 c 269 § 2204, effective
July 1, 1995.
43.70.052
43.70.052 Hospital discharge data—Financial
reports—Data retrieval—American Indian health data.
(1) To promote the public interest consistent with the purposes of chapter 492, Laws of 1993 as amended by chapter
267, Laws of 1995, the department shall continue to require
hospitals to submit hospital financial and patient discharge
information, which shall be collected, maintained, analyzed,
and disseminated by the department. The department shall, if
[Title 43 RCW—page 317]
43.70.054
Title 43 RCW: State Government—Executive
deemed cost-effective and efficient, contract with a private
entity for any or all parts of data collection. Data elements
shall be reported in conformance with a uniform reporting
system established by the department. This includes data elements identifying each hospital's revenues, expenses, contractual allowances, charity care, bad debt, other income,
total units of inpatient and outpatient services, and other
financial information reasonably necessary to fulfill the purposes of this section. Data elements relating to use of hospital
services by patients shall be the same as those currently compiled by hospitals through inpatient discharge abstracts. The
department shall encourage and permit reporting by electronic transmission or hard copy as is practical and economical to reporters.
(2) In identifying financial reporting requirements, the
department may require both annual reports and condensed
quarterly reports from hospitals, so as to achieve both accuracy and timeliness in reporting, but shall craft such requirements with due regard of the data reporting burdens of hospitals.
(3) The health care data collected, maintained, and studied by the department shall only be available for retrieval in
original or processed form to public and private requestors
and shall be available within a reasonable period of time after
the date of request. The cost of retrieving data for state officials and agencies shall be funded through the state general
appropriation. The cost of retrieving data for individuals and
organizations engaged in research or private use of data or
studies shall be funded by a fee schedule developed by the
department that reflects the direct cost of retrieving the data
or study in the requested form.
(4) The department shall, in consultation and collaboration with the federally recognized tribes, urban or other
Indian health service organizations, and the federal area
Indian health service, design, develop, and maintain an
American Indian-specific health data, statistics information
system. The department rules regarding confidentiality shall
apply to safeguard the information from inappropriate use or
release.
(5) All persons subject to the data collection requirements of this section shall comply with departmental requirements established by rule in the acquisition of data. [1995 c
267 § 1.]
state government as consistent with the intent of chapter 492,
Laws of 1993 as amended by chapter 267, Laws of 1995, to
promote the delivery of quality health services that improve
health outcomes for state residents. The data standards shall
include content, coding, confidentiality, and transmission
standards for all health care data elements necessary to support the intent of this section, and to improve administrative
efficiency and reduce cost. Purchasers, as allowed by federal
law, health carriers, health facilities and providers as defined
in chapter 48.43 RCW, and state government shall utilize the
data standards. The information and data elements shall be
reported as the department of health directs by rule in accordance with data standards developed under this section.
(2) The health care data collected, maintained, and studied by the department under this section or any other entity:
(a) Shall include a method of associating all information on
health care costs and services with discrete cases; (b) shall
not contain any means of determining the personal identity of
any enrollee, provider, or facility; (c) shall only be available
for retrieval in original or processed form to public and private requesters; (d) shall be available within a reasonable
period of time after the date of request; and (e) shall give
strong consideration to data standards that achieve national
uniformity.
(3) The cost of retrieving data for state officials and
agencies shall be funded through state general appropriation.
The cost of retrieving data for individuals and organizations
engaged in research or private use of data or studies shall be
funded by a fee schedule developed by the department that
reflects the direct cost of retrieving the data or study in the
requested form.
(4) All persons subject to this section shall comply with
departmental requirements established by rule in the acquisition of data, however, the department shall adopt no rule or
effect no policy implementing the provisions of this section
without an act of law.
(5) The department shall submit developed health care
data standards to the appropriate committees of the legislature by December 31, 1995. [1997 c 274 § 2; 1995 c 267 § 2.]
Effective date—1997 c 274: See note following RCW 41.05.021.
Captions not law—Severability—Effective dates—1995 c 267: See
notes following RCW 43.70.052.
43.70.060 Duties of department—Promotion of
health care cost-effectiveness. It is the intent of the legislature to promote appropriate use of health care resources to
maximize access to adequate health care services. The legislature understands that the rapidly increasing costs of health
care are limiting access to care. To promote health care costeffectiveness, the department shall:
(1) Implement the certificate of need program;
(2) Monitor and evaluate health care costs;
(3) Evaluate health services and the utilization of services for outcome and effectiveness; and
(4) Recommend strategies to encourage adequate and
cost-effective services and discourage ineffective services.
[1989 1st ex.s. c 9 § 108.]
43.70.060
Captions not law—1995 c 267: "Captions as used in this act constitute
no part of the law." [1995 c 267 § 16.]
Severability—1995 c 267: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 267 § 17.]
Effective dates—1995 c 267: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995,
except sections 8 through 11 of this act which shall take effect immediately
[May 8, 1995]." [1995 c 267 § 18.]
43.70.054
43.70.054 Health care data standards—Submittal of
standards to legislature. (1) To promote the public interest
consistent with chapter 267, Laws of 1995, the department of
health, in cooperation with the information services board
established under RCW 43.105.032, shall develop health care
data standards to be used by, and developed in collaboration
with, consumers, purchasers, health carriers, providers, and
[Title 43 RCW—page 318]
43.70.064 Health care quality—Findings and
intent—Requirements for conducting study under RCW
43.70.066. The legislature finds that it is difficult for con43.70.064
(2004 Ed.)
Department of Health
sumers of health care services to determine the quality of
health care prior to purchase or utilization of medical care.
The legislature also finds that accountability is a key component in promoting quality assurance and quality improvement
throughout the health care delivery system, including public
programs. Quality assurance and improvement standards are
necessary to promote the public interest, contribute to cost
efficiencies, and improve the ability of consumers to ascertain quality health care purchases.
The legislature intends to have consumers, health carriers, health care providers and facilities, and public agencies
participate in the development of quality assurance and
improvement standards that can be used to develop a uniform
quality assurance program for use by all public and private
health plans, providers, and facilities. To that end, in conducting the study required under RCW 43.70.066, the department of health shall:
(1) Consider the needs of consumers, employers, health
care providers and facilities, and public and private health
plans;
(2) Take full advantage of existing national standards of
quality assurance to extend to middle-income populations the
protections required for state management of health programs
for low-income populations;
(3) Consider the appropriate minimum level of quality
assurance standards that should be disclosed to consumers
and employers by health care providers and facilities, and
public and private health plans; and
(4) Consider standards that permit health care providers
and facilities to share responsibility for participation in a uniform quality assurance program. [1995 c 267 § 3.]
Captions not law—Severability—Effective dates—1995 c 267: See
notes following RCW 43.70.052.
43.70.066
43.70.066 Study—Uniform quality assurance and
improvement program—Reports to legislature—Limitation on rule making. (1) The department of health shall
study the feasibility of a uniform quality assurance and
improvement program for use by all public and private health
plans and health care providers and facilities. In this study,
the department shall consult with:
(a) Public and private purchasers of health care services;
(b) Health carriers;
(c) Health care providers and facilities; and
(d) Consumers of health services.
(2) In conducting the study, the department shall propose
standards that meet the needs of affected persons and organizations, whether public or private, without creation of differing levels of quality assurance. All consumers of health services should be afforded the same level of quality assurance.
(3) At a minimum, the study shall include but not be limited to the following program components and indicators
appropriate for consumer disclosure:
(a) Health care provider training, credentialing, and
licensure standards;
(b) Health care facility credentialing and recredentialing;
(c) Staff ratios in health care facilities;
(d) Annual mortality and morbidity rates of cases based
on a defined set of procedures performed or diagnoses treated
in health care facilities, adjusted to fairly consider variable
factors such as patient demographics and case severity;
(2004 Ed.)
43.70.070
(e) The average total cost and average length of hospital
stay for a defined set of procedures and diagnoses;
(f) The total number of the defined set of procedures, by
specialty, performed by each physician at a health care facility within the previous twelve months;
(g) Utilization performance profiles by provider, both
primary care and specialty care, that have been adjusted to
fairly consider variable factors such as patient demographics
and severity of case;
(h) Health plan fiscal performance standards;
(i) Health care provider and facility recordkeeping and
reporting standards;
(j) Health care utilization management that monitors
trends in health service underutilization, as well as overutilization of services;
(k) Health monitoring that is responsive to consumer,
purchaser, and public health assessment needs; and
(l) Assessment of consumer satisfaction and disclosure
of consumer survey results.
(4) In conducting the study, the department shall develop
standards that permit each health care facility, provider
group, or health carrier to assume responsibility for and
determine the physical method of collection, storage, and
assimilation of quality indicators for consumer disclosure.
The study may define the forms, frequency, and posting
requirements for disclosure of information.
In developing proposed standards under this subsection,
the department shall identify options that would minimize
provider burden and administrative cost resulting from duplicative private sector data submission requirements.
(5) The department shall submit a preliminary report to
the legislature by December 31, 1995, including recommendations for initial legislation pursuant to subsection (6) of this
section, and may submit supplementary reports and recommendations as completed, consistent with appropriated funds
and staffing.
(6) The department shall not adopt any rule implementing the uniform quality assurance program or consumer disclosure provisions unless expressly directed to do so by an act
of law. [1998 c 245 § 72; 1997 c 274 § 3; 1995 c 267 § 4.]
Effective date—1997 c 274: See note following RCW 41.05.021.
Captions not law—Severability—Effective dates—1995 c 267: See
notes following RCW 43.70.052.
43.70.068
43.70.068 Quality assurance—Interagency cooperation. The department of health, the health care authority, the
department of social and health services, the office of the
insurance commissioner, and the department of labor and
industries shall form an interagency group for coordination
and consultation on quality assurance activities and collaboration on final recommendations for the study required under
RCW 43.70.066. [1997 c 274 § 4; 1995 c 267 § 5.]
Effective date—1997 c 274: See note following RCW 41.05.021.
Captions not law—Severability—Effective dates—1995 c 267: See
notes following RCW 43.70.052.
43.70.070
43.70.070 Duties of department—Analysis of health
services. The department shall evaluate and analyze readily
available data and information to determine the outcome and
effectiveness of health services, utilization of services, and
[Title 43 RCW—page 319]
43.70.075
Title 43 RCW: State Government—Executive
payment methods. This section should not be construed as
allowing the department access to proprietary information.
(1) The department shall make its evaluations available
to the board for use in preparation of the state health report
required by RCW 43.20.050, and to consumers, purchasers,
and providers of health care.
(2) The department shall use the information to:
(a) Develop guidelines which may be used by consumers, purchasers, and providers of health care to encourage
necessary and cost-effective services; and
(b) Make recommendations to the governor on how state
government and private purchasers may be prudent purchasers of cost-effective, adequate health services. [1995 c 269 §
2202; 1989 1st ex.s. c 9 § 109.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
43.70.075 Identity of whistleblower protected—
Remedy for retaliatory action—Definitions—Rules. (1)
The identity of a whistleblower who complains, in good faith,
to the department of health about the improper quality of care
by a health care provider, or in a health care facility, as
defined in *RCW 43.72.010, shall remain confidential. The
provisions of RCW 4.24.500 through 4.24.520, providing
certain protections to persons who communicate to government agencies, shall apply to complaints filed under this section. The identity of the whistleblower shall remain confidential unless the department determines that the complaint was
not made in good faith. An employee who is a whistleblower,
as defined in this section, and who as a result of being a
whistleblower has been subjected to workplace reprisal or
retaliatory action has the remedies provided under chapter
49.60 RCW.
(2)(a) "Improper quality of care" means any practice,
procedure, action, or failure to act that violates any state law
or rule of the applicable state health licensing authority under
Title 18 or chapters 70.41, 70.96A, 70.127, 70.175, 71.05,
71.12, and 71.24 RCW, and enforced by the department of
health. Each health disciplinary authority as defined in RCW
18.130.040 may, with consultation and interdisciplinary
coordination provided by the state department of health,
adopt rules defining accepted standards of practice for their
profession that shall further define improper quality of care.
Improper quality of care shall not include good faith personnel actions related to employee performance or actions taken
according to established terms and conditions of employment.
(b) "Reprisal or retaliatory action" means but is not limited to: Denial of adequate staff to perform duties; frequent
staff changes; frequent and undesirable office changes;
refusal to assign meaningful work; unwarranted and unsubstantiated report of misconduct pursuant to Title 18 RCW;
letters of reprimand or unsatisfactory performance evaluations; demotion; reduction in pay; denial of promotion; suspension; dismissal; denial of employment; and a supervisor
or superior encouraging coworkers to behave in a hostile
manner toward the whistleblower.
(c) "Whistleblower" means a consumer, employee, or
health care professional who in good faith reports alleged
quality of care concerns to the department of health.
43.70.075
[Title 43 RCW—page 320]
(3) Nothing in this section prohibits a health care facility
from making any decision exercising its authority to terminate, suspend, or discipline an employee who engages in
workplace reprisal or retaliatory action against a whistleblower.
(4) The department shall adopt rules to implement procedures for filing, investigation, and resolution of whistleblower complaints that are integrated with complaint procedures under Title 18 RCW for health professionals or health
care facilities. [1995 c 265 § 19.]
*Reviser's note: RCW 43.72.010 was repealed by 1995 c 265 § 27.
RCW 48.43.005 was enacted by chapter 265, Laws of 1995, and includes a
definition of "health care facility."
Captions not law—Effective dates—Savings—Severability—1995 c
265: See notes following RCW 70.47.015.
43.70.080
43.70.080 Transfer of powers and duties from the
department of social and health services. The powers and
duties of the department of social and health services and the
secretary of social and health services under the following
statutes are hereby transferred to the department of health and
the secretary of health: Chapters 16.70, 18.20, 18.46, 18.71,
18.73, 18.76, 69.30, 70.28, 70.30, *70.32, *70.33, 70.50,
70.58, 70.62, 70.83, **70.83B, 70.90, 70.98, 70.104, 70.116,
70.118, 70.119, 70.119A, 70.121, 70.127, 70.142, and 80.50
RCW. More specifically, the following programs and services presently administered by the department of social and
health services are hereby transferred to the department of
health:
(1) Personal health and protection programs and related
management and support services, including, but not limited
to: Immunizations; tuberculosis; sexually transmitted diseases; AIDS; diabetes control; primary health care; cardiovascular risk reduction; kidney disease; regional genetic services; newborn metabolic screening; sentinel birth defects;
cytogenetics; communicable disease epidemiology; and
chronic disease epidemiology;
(2) Environmental health protection services and related
management and support services, including, but not limited
to: Radiation, including x-ray control, radioactive materials,
uranium mills, low-level waste, emergency response and
reactor safety, and environmental radiation protection; drinking water; toxic substances; on-site sewage; recreational
water contact facilities; food services sanitation; shellfish;
and general environmental health services, including schools,
vectors, parks, and camps;
(3) Public health laboratory;
(4) Public health support services, including, but not limited to: Vital records; health data; local public health services
support; and health education and information;
(5) Licensing and certification services including, but
not limited to: Health and personal care facility survey, construction review, emergency medical services, laboratory
quality assurance, and accommodations surveys; and
(6) Effective January 1, 1991, parent and child health
services and related management support services, including,
but not limited to: Maternal and infant health; child health;
parental health; nutrition; handicapped children's services;
family planning; adolescent pregnancy services; high priority
infant tracking; early intervention; parenting education; prenatal regionalization; and power and duties under RCW
(2004 Ed.)
Department of Health
43.20A.635. The director of the office of financial management may recommend to the legislature a delay in this transfer, if it is determined that this time frame is not adequate.
[1989 1st ex.s. c 9 § 201.]
Reviser's note: *(1) Chapters 70.32 and 70.33 RCW were repealed
and/or recodified in their entirety pursuant to 1999 c 172.
**(2) Chapter 70.83B RCW expired June 30, 1993, pursuant to 1988 c
276 § 12.
43.70.090
43.70.090 Authority to administer oaths and issue
subpoenas—Provisions governing subpoenas. (1) The
secretary shall have full authority to administer oaths and
take testimony thereunder, to issue subpoenas requiring the
attendance of witnesses before the secretary together with all
books, memoranda, papers, and other documents, articles or
instruments, and to compel the disclosure by such witnesses
of all facts known to them relative to the matters under investigation.
(2) Subpoenas issued in adjudicative proceedings shall
be governed by RCW 34.05.588(1).
(3) Subpoenas issued in the conduct of investigations
required or authorized by other statutory provisions or necessary in the enforcement of other statutory provisions shall be
governed by RCW 34.05.588(2). [1989 1st ex.s. c 9 § 252.]
43.70.095
43.70.095 Civil fines. This section governs the assessment of a civil fine against a person by the department. This
section does not govern actions taken under chapter 18.130
RCW.
(1) The department shall give written notice to the person against whom it assesses a civil fine. The notice shall
state the reasons for the adverse action. The notice shall be
personally served in the manner of service of a summons in a
civil action or shall be given in an other [another] manner that
shows proof of receipt.
(2) Except as otherwise provided in subsection (4) of this
section, the civil fine is due and payable twenty-eight days
after receipt. The department may make the date the fine is
due later than twenty-eight days after receipt. When the
department does so, it shall state the effective date in the written notice given the person against whom it assesses the fine.
(3) The person against whom the department assesses a
civil fine has the right to an adjudicative proceeding. The proceeding is governed by the Administrative Procedure Act,
chapter 34.05 RCW. The application must be in writing, state
the basis for contesting the fine, include a copy of the adverse
notice, be served on and received by the department within
twenty-eight days of the person's receiving the notice of civil
fine, and be served in a manner which shows proof of receipt.
(4) If the person files a timely and sufficient appeal, the
department shall not implement the action until the final
order has been served. The presiding or reviewing officer
may permit the department to implement part or all of the
action while the proceedings are pending if the appellant
causes an unreasonable delay in the proceedings or for other
good cause. [1991 c 3 § 378.]
43.70.097
43.70.097 Enforcement in accordance with RCW
43.05.100 and 43.05.110. Enforcement action taken after
July 23, 1995, by the director or the department shall be in
(2004 Ed.)
43.70.115
accordance with RCW 43.05.100 and 43.05.110. [1995 c 403
§ 626.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.70.100
43.70.100 Reports of violations by secretary—Duty
to institute proceedings—Notice to alleged violator. (1) It
shall be the duty of each assistant attorney general, prosecuting attorney, or city attorney to whom the secretary reports
any violation of chapter 43.20 or 43.70 RCW, or regulations
promulgated under them, to cause appropriate proceedings to
be instituted in the proper courts, without delay, and to be
duly prosecuted as prescribed by law.
(2) Before any violation of chapter 43.20 or 43.70 RCW
is reported by the secretary to the prosecuting attorney for the
institution of a criminal proceeding, the person against whom
such proceeding is contemplated shall be given appropriate
notice and an opportunity to present his or her views to the
secretary, either orally or in writing, with regard to such contemplated proceeding. [1989 1st ex.s. c 9 § 262.]
43.70.110
43.70.110 License fees—Exemption—Waiver. (1)
The secretary shall charge fees to the licensee for obtaining a
license. After June 30, 1995, municipal corporations providing emergency medical care and transportation services pursuant to chapter 18.73 RCW shall be exempt from such fees,
provided that such other emergency services shall only be
charged for their pro rata share of the cost of licensure and
inspection, if appropriate. The secretary may waive the fees
when, in the discretion of the secretary, the fees would not be
in the best interest of public health and safety, or when the
fees would be to the financial disadvantage of the state.
(2) Fees charged shall be based on, but shall not exceed,
the cost to the department for the licensure of the activity or
class of activities and may include costs of necessary inspection.
(3) Department of health advisory committees may
review fees established by the secretary for licenses and comment upon the appropriateness of the level of such fees.
[1993 sp.s. c 24 § 918; 1989 1st ex.s. c 9 § 263.]
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.310.020.
43.70.115
43.70.115 Licenses—Denial, suspension, revocation,
modification. This section governs the denial of an application for a license or the suspension, revocation, or modification of a license by the department. This section does not govern actions taken under chapter 18.130 RCW.
(1) The department shall give written notice of the denial
of an application for a license to the applicant or his or her
agent. The department shall give written notice of revocation,
suspension, or modification of a license to the licensee or his
or her agent. The notice shall state the reasons for the action.
The notice shall be personally served in the manner of service
of a summons in a civil action or shall be given in another
manner that shows proof of receipt.
(2) Except as otherwise provided in this subsection and
in subsection (4) of this section, revocation, suspension, or
[Title 43 RCW—page 321]
43.70.120
Title 43 RCW: State Government—Executive
modification is effective twenty-eight days after the licensee
or the agent receives the notice.
(a) The department may make the date the action is
effective later than twenty-eight days after receipt. If the
department does so, it shall state the effective date in the written notice given the licensee or agent.
(b) The department may make the date the action is
effective sooner than twenty-eight days after receipt when
necessary to protect the public health, safety, or welfare.
When the department does so, it shall state the effective date
and the reasons supporting the effective date in the written
notice given to the licensee or agent.
(c) When the department has received certification pursuant to chapter 74.20A RCW from the department of social
and health services that the licensee is a person who is not in
compliance with a child support order or *an order from a
court stating that the licensee is in noncompliance with a residential or visitation order under chapter 26.09 RCW, the
department shall provide that the suspension is effective
immediately upon receipt of the suspension notice by the licensee.
(3) Except for licensees suspended for noncompliance
with a child support order under chapter 74.20A RCW or
noncompliance with a residential or visitation order under
*chapter 26.09 RCW, a license applicant or licensee who is
aggrieved by a department denial, revocation, suspension, or
modification has the right to an adjudicative proceeding. The
proceeding is governed by the Administrative Procedure Act,
chapter 34.05 RCW. The application must be in writing, state
the basis for contesting the adverse action, include a copy of
the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or
licensee's receiving the adverse notice, and be served in a
manner that shows proof of receipt.
(4)(a) If the department gives a licensee twenty-eight or
more days notice of revocation, suspension, or modification
and the licensee files an appeal before its effective date, the
department shall not implement the adverse action until the
final order has been entered. The presiding or reviewing
officer may permit the department to implement part or all of
the adverse action while the proceedings are pending if the
appellant causes an unreasonable delay in the proceeding, if
the circumstances change so that implementation is in the
public interest, or for other good cause.
(b) If the department gives a licensee less than twentyeight days notice of revocation, suspension, or modification
and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date
stated in the notice. The presiding or reviewing officer may
order the department to stay implementation of part or all of
the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good
cause. [1997 c 58 § 843; 1991 c 3 § 377.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
[Title 43 RCW—page 322]
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
43.70.120
43.70.120 Federal programs—Rules—Statutes to be
construed to meet federal law. In furtherance of the policy
of this state to cooperate with the federal government in the
public health programs, the department of health shall adopt
such rules and regulations as may become necessary to entitle
this state to participate in federal funds unless the same be
expressly prohibited by law. Any section or provision of the
public health laws of this state which may be susceptible to
more than one construction shall be interpreted in favor of the
construction most likely to satisfy federal laws entitling this
state to receive federal funds for the various programs of public health. [1989 1st ex.s. c 9 § 264.]
43.70.130
43.70.130 Powers and duties of secretary—General.
The secretary of health shall:
(1) Exercise all the powers and perform all the duties
prescribed by law with respect to public health and vital statistics;
(2) Investigate and study factors relating to the preservation, promotion, and improvement of the health of the people,
the causes of morbidity and mortality, and the effects of the
environment and other conditions upon the public health, and
report the findings to the state board of health for such action
as the board determines is necessary;
(3) Strictly enforce all laws for the protection of the public health and the improvement of sanitary conditions in the
state, and all rules, regulations, and orders of the state board
of health;
(4) Enforce the public health laws of the state and the
rules and regulations promulgated by the department or the
board of health in local matters, when in its opinion an emergency exists and the local board of health has failed to act
with sufficient promptness or efficiency, or is unable for reasons beyond its control to act, or when no local board has
been established, and all expenses so incurred shall be paid
upon demand of the secretary of the department of health by
the local health department for which such services are rendered, out of moneys accruing to the credit of the municipality or the local health department in the current expense fund
of the county;
(5) Investigate outbreaks and epidemics of disease that
may occur and advise local health officers as to measures to
be taken to prevent and control the same;
(6) Exercise general supervision over the work of all
local health departments and establish uniform reporting systems by local health officers to the state department of health;
(7) Have the same authority as local health officers,
except that the secretary shall not exercise such authority
unless the local health officer fails or is unable to do so, or
when in an emergency the safety of the public health
demands it, or by agreement with the local health officer or
local board of health;
(8) Cause to be made from time to time, personal health
and sanitation inspections at state owned or contracted institutions and facilities to determine compliance with sanitary
and health care standards as adopted by the department, and
(2004 Ed.)
Department of Health
require the governing authorities thereof to take such action
as will conserve the health of all persons connected therewith, and report the findings to the governor;
(9) Review and approve plans for public water system
design, engineering, operation, maintenance, financing, and
emergency response, as required under state board of health
rules;
(10) Take such measures as the secretary deems necessary in order to promote the public health, to establish or participate in the establishment of health educational or training
activities, and to provide funds for and to authorize the attendance and participation in such activities of employees of the
state or local health departments and other individuals
engaged in programs related to or part of the public health
programs of the local health departments or the state department of health. The secretary is also authorized to accept any
funds from the federal government or any public or private
agency made available for health education training purposes
and to conform with such requirements as are necessary in
order to receive such funds; and
(11) Establish and maintain laboratory facilities and services as are necessary to carry out the responsibilities of the
department. [1990 c 132 § 2; 1989 1st ex.s. c 9 § 251; 1985
c 213 § 2; 1979 c 141 § 46; 1967 ex.s. c 102 § 1; 1965 c 8 §
43.20.010. Prior: (i) 1909 c 208 § 2; RRS § 6004. (ii) 1921 c
7 § 59; RRS § 10817. Formerly RCW 43.20A.600 and
43.20.010.]
Legislative findings—Severability—1990 c 132: See note following
RCW 43.20.240.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
Severability—1967 ex.s. c 102: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1967 ex.s. c 102 § 13.]
Public water systems—Complaint process: RCW 43.20.240.
43.70.140
43.70.140 Annual conference of health officers. In
order to receive the assistance and advice of local health
officers in carrying out the secretary's duties and responsibilities, the secretary of health shall hold annually a conference
of local health officers, at such place as the secretary deems
convenient, for the discussion of questions pertaining to public health, sanitation, and other matters pertaining to the
duties and functions of the local health departments, which
shall continue in session for such time not exceeding three
days as the secretary deems necessary.
The health officer of each county, district, municipality
and county-city department shall attend such conference during its entire session, and receive therefor his or her actual
and necessary traveling expenses, to be paid by his or her
county, district, and municipality or county-city department.
No claim for such expenses shall be allowed or paid unless it
is accompanied by a certificate from the secretary of health
attesting the attendance of the claimant. [1989 1st ex.s. c 9 §
253; 1979 c 141 § 50; 1967 ex.s. c 102 § 10; 1965 c 8 §
43.20.060. Prior: 1915 c 75 § 1; RRS § 6005. Formerly RCW
43.20A.615 and 43.20.060.]
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
(2004 Ed.)
43.70.170
43.70.150 Registration of vital statistics. The secretary of health shall have charge of the state system of registration of births, deaths, fetal deaths, marriages, and decrees of
divorce, annulment and separate maintenance, and shall prepare the necessary rules, forms, and blanks for obtaining
records, and insure the faithful registration thereof. [1989 1st
ex.s. c 9 § 254; 1979 c 141 § 51; 1967 c 26 § 1; 1965 c 8 §
43.20.070. Prior: 1907 c 83 § 1; RRS § 6018. Formerly RCW
43.20A.620 and 43.20.070.]
43.70.150
Effective date—1967 c 26: "This act shall take effect on January 1,
1968." [1967 c 26 § 12.]
Vital statistics: Chapter 70.58 RCW.
43.70.160 Duties of registrar. The state registrar of
vital statistics shall prepare, print, and supply to all registrars
all blanks and forms used in registering, recording, and preserving the returns, or in otherwise carrying out the purposes
of Title 70 RCW; and shall prepare and issue such detailed
instructions as may be required to secure the uniform observance of its provisions and the maintenance of a perfect system of registration. No other blanks shall be used than those
supplied by the state registrar. The state registrar shall carefully examine the certificates received monthly from the local
registrars, county auditors, and clerks of the court and, if any
are incomplete or unsatisfactory, the state registrar shall
require such further information to be furnished as may be
necessary to make the record complete and satisfactory, and
shall cause such further information to be incorporated in or
attached to and filed with the certificate. The state registrar
shall furnish, arrange, bind, and make a permanent record of
the certificate in a systematic manner, and shall prepare and
maintain a comprehensive index of all births, deaths, fetal
deaths, marriages, and decrees of divorce, annulment and
separate maintenance registered. [1989 1st ex.s. c 9 § 255;
1967 c 26 § 2; 1965 c 8 § 43.20.080. Prior: 1961 ex.s. c 5 §
2; 1951 c 106 § 1; 1915 c 180 § 9; 1907 c 83 § 17; RRS §
6034. Formerly RCW 43.20A.625 and 43.20.080.]
43.70.160
Effective date—1967 c 26: See note following RCW 43.70.150.
Vital statistics: Chapter 70.58 RCW.
43.70.170 Threat to public health—Investigation,
examination or sampling of articles or conditions constituting—Access—Subpoena power. The secretary on his or
her own motion or upon the complaint of any interested
party, may investigate, examine, sample or inspect any article
or condition constituting a threat to the public health including, but not limited to, outbreaks of communicable diseases,
food poisoning, contaminated water supplies, and all other
matters injurious to the public health. When not otherwise
available, the department may purchase such samples or
specimens as may be necessary to determine whether or not
there exists a threat to the public health. In furtherance of any
such investigation, examination or inspection, the secretary
or the secretary's authorized representative may examine that
portion of the ledgers, books, accounts, memorandums, and
other documents and other articles and things used in connection with the business of such person relating to the actions
involved.
For purposes of such investigation, the secretary or the
secretary's representative shall at all times have free and
unimpeded access to all buildings, yards, warehouses, stor43.70.170
[Title 43 RCW—page 323]
43.70.180
Title 43 RCW: State Government—Executive
age and transportation facilities or any other place. The secretary may also, for the purposes of such investigation, issue
subpoenas to compel the attendance of witnesses, as provided
for in RCW 43.70.090 or the production of books and documents anywhere in the state. [1989 1st ex.s. c 9 § 256; 1979
c 141 § 53; 1967 ex.s. c 102 § 3. Formerly RCW 43.20A.640
and 43.20.150.]
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
(5) The criminal provisions of this section are subject to
enforcement by fish and wildlife officers or ex officio fish
and wildlife officers as defined in RCW 77.08.010.
(6) As used in this section, marine species include all
fish, invertebrate or plant species which are found during any
portion of the life cycle of those species in the marine environment. [2003 c 53 § 231; 2001 c 253 § 2; 1995 c 147 § 7.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
43.70.180
43.70.180 Threat to public health—Order prohibiting sale or disposition of food or other items pending
investigation. Pending the results of an investigation provided for under RCW 43.70.170, the secretary may issue an
order prohibiting the disposition or sale of any food or other
item involved in the investigation. The order of the secretary
shall not be effective for more than fifteen days without the
commencement of a legal action as provided for under RCW
43.70.190. [1989 1st ex.s. c 9 § 257; 1979 c 141 § 54; 1967
ex.s. c 102 § 4. Formerly RCW 43.20A.645 and 43.20.160.]
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
43.70.185
43.70.185 Inspection of property where marine species located—Prohibitions on harvest or landing—Penalties. (1) The department may enter and inspect any property,
lands, or waters, of this state in or on which any marine species are located or from which such species are harvested,
whether recreationally or for sale or barter, and any land or
water of this state which may cause or contribute to the pollution of areas in or on which such species are harvested or
processed. The department may take any reasonably necessary samples to determine whether such species or any lot,
batch, or quantity of such species is safe for human consumption.
(2) If the department determines that any species or any
lot, batch, or other quantity of such species is unsafe for
human consumption because consumption is likely to cause
actual harm or because consumption presents a potential risk
of substantial harm, the department may, by order under
chapter 34.05 RCW, prohibit or restrict the commercial or
recreational harvest or landing of any marine species except
the recreational harvest of shellfish as defined in chapter
69.30 RCW if taken from privately owned tidelands.
(3) It is unlawful to harvest any marine species in violation of a departmental order prohibiting or restricting such
harvest under this section or to possess or sell any marine
species so harvested.
(4)(a) Any person who sells any marine species taken in
violation of this section is guilty of a gross misdemeanor and
subject to the penalties provided in RCW 69.30.140 and
69.30.150.
(b) Any person who harvests or possesses marine species
taken in violation of this section is guilty of a civil infraction
and is subject to the penalties provided in RCW 69.30.150.
(c) Notwithstanding this section, any person who harvests, possesses, sells, offers to sell, culls, shucks, or packs
shellfish is subject to the penalty provisions of chapter 69.30
RCW.
(d) Charges shall not be brought against a person under
both chapter 69.30 RCW and this section in connection with
this same action, incident, or event.
[Title 43 RCW—page 324]
43.70.190
43.70.190 Violations—Injunctions and legal proceedings authorized. The secretary of health or local health
officer may bring an action to enjoin a violation or the threatened violation of any of the provisions of the public health
laws of this state or any rules or regulation made by the state
board of health or the department of health pursuant to said
laws, or may bring any legal proceeding authorized by law,
including but not limited to the special proceedings authorized in Title 7 RCW, in the superior court in the county in
which such violation occurs or is about to occur, or in the
superior court of Thurston county. Upon the filing of any
action, the court may, upon a showing of an immediate and
serious danger to residents constituting an emergency, issue a
temporary injunctive order ex parte. [1990 c 133 § 3; 1989
1st ex.s. c 9 § 258; 1979 c 141 § 55; 1967 ex.s. c 102 § 5. Formerly RCW 43.20A.650 and 43.20.170.]
Findings—Severability—1990 c 133: See notes following RCW
36.94.140.
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
43.70.195
43.70.195 Public water systems—Receivership
actions brought by secretary—Plan for disposition. (1) In
any action brought by the secretary of health or by a local
health officer pursuant to chapter 7.60 RCW to place a public
water system in receivership, the petition shall include the
names of one or more suitable candidates for receiver who
have consented to assume operation of the water system. The
department shall maintain a list of interested and qualified
individuals, municipal entities, special purpose districts, and
investor-owned water companies with experience in the provision of water service and a history of satisfactory operation
of a water system. If there is no other person willing and able
to be named as receiver, the court shall appoint the county in
which the water system is located as receiver. The county
may designate a county agency to operate the system, or it
may contract with another individual or public water system
to provide management for the system. If the county is
appointed as receiver, the secretary of health and the county
health officer shall provide regulatory oversight for the
agency or other person responsible for managing the water
system.
(2) In any petition for receivership under subsection (1)
of this section, the department shall recommend that the court
grant to the receiver full authority to act in the best interests
of the customers served by the public water system. The
receiver shall assess the capability, in conjunction with the
department and local government, for the system to operate
in compliance with health and safety standards, and shall
report to the court and the petitioning agency its recommendations for the system's future operation, including the formation of a water-sewer district or other public entity, or
(2004 Ed.)
Department of Health
ownership by another existing water system capable of providing service.
(3) If a petition for receivership and verifying affidavit
executed by an appropriate departmental official allege an
immediate and serious danger to residents constituting an
emergency, the court shall set the matter for hearing within
three days and may appoint a temporary receiver ex parte
upon the strength of such petition and affidavit pending a full
evidentiary hearing, which shall be held within fourteen days
after receipt of the petition.
(4) A bond, if any is imposed upon a receiver, shall be
minimal and shall reasonably relate to the level of operating
revenue generated by the system. Any receiver appointed
pursuant to this section shall not be held personally liable for
any good faith, reasonable effort to assume possession of,
and to operate, the system in compliance with the court's
orders.
(5) The court shall authorize the receiver to impose reasonable assessments on a water system's customers to recover
expenditures for improvements necessary for the public
health and safety.
(6) No later than twelve months after appointment of a
receiver, the petitioning agency, in conjunction with the
county in which the system is located, and the appropriate
state and local health agencies, shall develop and present to
the court a plan for the disposition of the system. The report
shall include the recommendations of the receiver made pursuant to subsection (2) of this section. The report shall
include all reasonable and feasible alternatives. After receiving the report, the court shall provide notice to interested parties and conduct such hearings as are necessary. The court
shall then order the parties to implement one of the alternatives, or any combination thereof, for the disposition of the
system. Such order shall include a date, or proposed date, for
the termination of the receivership. Nothing in this section
authorizes a court to require a city, town, public utility district, water-sewer district, or irrigation district to accept a system that has been in receivership unless the city, town, public
utility district, water-sewer district, or irrigation district
agrees to the terms and conditions outlined in the plan
adopted by the court.
(7) The court shall not terminate the receivership, and
order the return of the system to the owners, unless the
department of health approves of such an action. The court
may impose reasonable conditions upon the return of the system to the owner, including the posting of a bond or other
security, routine performance and financial audits, employment of qualified operators and other staff or contracted services, compliance with financial viability requirements, or
other measures sufficient to ensure the ongoing proper operation of the system.
(8) If, as part of the ultimate disposition of the system, an
eminent domain action is commenced by a public entity to
acquire the system, the court shall oversee any appraisal of
the system conducted under Title 7 RCW to assure that the
appraised value properly reflects any reduced value because
of the necessity to make improvements to the system. The
court shall have the authority to approve the appraisal, and to
modify it based on any information provided at an evidentiary hearing. The court's determination of the proper value of
the system, based on the appraisal, shall be final, and only
(2004 Ed.)
43.70.220
appealable if not supported by substantial evidence. If the
appraised value is appealed, the court may order that the system's ownership be transferred upon payment of the approved
appraised value. [1999 c 153 § 57; 1994 c 292 § 3; 1990 c
133 § 4.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
Findings—Severability—1990 c 133: See notes following RCW
36.94.140.
43.70.200 Enforcement of health laws and state or
local rules and regulations upon request of local health
officer. Upon the request of a local health officer, the secretary of health is hereby authorized and empowered to take
legal action to enforce the public health laws and rules and
regulations of the state board of health or local rules and regulations within the jurisdiction served by the local health
department, and may institute any civil legal proceeding
authorized by the laws of the state of Washington, including
a proceeding under Title 7 RCW. [1990 c 133 § 5; 1989 1st
ex.s. c 9 § 259; 1979 c 141 § 56; 1967 ex.s. c 102 § 6. Formerly RCW 43.20A.655 and 43.20.180.]
43.70.200
Findings—Severability—1990 c 133: See notes following RCW
36.94.140.
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
43.70.210 Right of person to rely on prayer to alleviate ailments not abridged. Nothing in chapter 43.20 or
43.70 RCW, or RCW 43.70.120 shall be construed to abridge
the right of any person to rely exclusively on spiritual means
alone through prayer to alleviate human ailments, sickness or
disease, in accordance with the tenets and practice of the
Church of Christ, Scientist, nor shall anything in chapters
43.20, 43.70 RCW, or RCW 43.70.120 be deemed to prohibit
a person so relying who is inflicted with a contagious or communicable disease from being isolated or quarantined in a
private place of his own choice, provided, it is approved by
the local health officer, and all laws, rules and regulations
governing control, sanitation, isolation and quarantine are
complied with. [1989 1st ex.s. c 9 § 260; 1979 c 141 § 59;
1967 ex.s. c 102 § 14. Formerly RCW 43.20A.665 and
43.20.210.]
43.70.210
Severability—1967 ex.s. c 102: See note following RCW 43.70.130.
Prayer: RCW 18.50.030, 70.127.040, 70.128.170, 71.05.070, 74.09.190.
43.70.220 Transfer of powers and duties from the
department of licensing. The powers and duties of the
department of licensing and the director of licensing under
the following statutes are hereby transferred to the department of health and the secretary of health: Chapters 18.06,
18.19, 18.22, 18.25, 18.29, 18.32, 18.34, 18.35, 18.36A,
18.50, 18.52, 18.52C, 18.53, 18.54, 18.55, 18.57, 18.57A,
18.59, 18.71, 18.71A, 18.74, 18.83, 18.84, 18.79, 18.89,
18.92, 18.108, 18.135, and 18.138 RCW. More specifically,
the health professions regulatory programs and services presently administered by the department of licensing are hereby
transferred to the department of health. [1994 sp.s. c 9 § 727;
1989 1st ex.s. c 9 § 301.]
43.70.220
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
[Title 43 RCW—page 325]
43.70.230
Title 43 RCW: State Government—Executive
43.70.230
43.70.230 Office of health consumer assistance created—Duties. There is created in the department an office of
health consumer assistance. The office shall establish a statewide hot line and shall assist and serve as an advocate for
consumers who are complainants or witnesses in a licensing
or disciplinary proceeding. [1989 1st ex.s. c 9 § 303.]
43.70.235
43.70.235 Health care disputes—Certifying independent review organizations—Application—Restrictions—
Rules. (1) The department shall adopt rules providing a procedure and criteria for certifying one or more organizations to
perform independent review of health care disputes described
in RCW 48.43.535.
(2) The rules must require that the organization ensure:
(a) The confidentiality of medical records transmitted to
an independent review organization for use in independent
reviews;
(b) That each health care provider, physician, or contract
specialist making review determinations for an independent
review organization is qualified. Physicians, other health care
providers, and, if applicable, contract specialists must be
appropriately licensed, certified, or registered as required in
Washington state or in at least one state with standards substantially comparable to Washington state. Reviewers may be
drawn from nationally recognized centers of excellence, academic institutions, and recognized leading practice sites.
Expert medical reviewers should have substantial, recent
clinical experience dealing with the same or similar health
conditions. The organization must have demonstrated expertise and a history of reviewing health care in terms of medical
necessity, appropriateness, and the application of other health
plan coverage provisions;
(c) That any physician, health care provider, or contract
specialist making a review determination in a specific review
is free of any actual or potential conflict of interest or bias.
Neither the expert reviewer, nor the independent review organization, nor any officer, director, or management employee
of the independent review organization may have any material professional, familial, or financial affiliation with any of
the following: The health carrier; professional associations
of carriers and providers; the provider; the provider's medical
or practice group; the health facility at which the service
would be provided; the developer or manufacturer of a drug
or device under review; or the enrollee;
(d) The fairness of the procedures used by the independent review organization in making the determinations;
(e) That each independent review organization make its
determination:
(i) Not later than the earlier of:
(A) The fifteenth day after the date the independent
review organization receives the information necessary to
make the determination; or
(B) The twentieth day after the date the independent
review organization receives the request that the determination be made. In exceptional circumstances, when the independent review organization has not obtained information
necessary to make a determination, a determination may be
made by the twenty-fifth day after the date the organization
received the request for the determination; and
[Title 43 RCW—page 326]
(ii) In cases of a condition that could seriously jeopardize
the enrollee's health or ability to regain maximum function,
not later than the earlier of:
(A) Seventy-two hours after the date the independent
review organization receives the information necessary to
make the determination; or
(B) The eighth day after the date the independent review
organization receives the request that the determination be
made;
(f) That timely notice is provided to enrollees of the
results of the independent review, including the clinical basis
for the determination;
(g) That the independent review organization has a quality assurance mechanism in place that ensures the timeliness
and quality of review and communication of determinations
to enrollees and carriers, and the qualifications, impartiality,
and freedom from conflict of interest of the organization, its
staff, and expert reviewers; and
(h) That the independent review organization meets any
other reasonable requirements of the department directly
related to the functions the organization is to perform under
this section and RCW 48.43.535.
(3) To be certified as an independent review organization
under this chapter, an organization must submit to the department an application in the form required by the department.
The application must include:
(a) For an applicant that is publicly held, the name of
each stockholder or owner of more than five percent of any
stock or options;
(b) The name of any holder of bonds or notes of the
applicant that exceed one hundred thousand dollars;
(c) The name and type of business of each corporation or
other organization that the applicant controls or is affiliated
with and the nature and extent of the affiliation or control;
(d) The name and a biographical sketch of each director,
officer, and executive of the applicant and any entity listed
under (c) of this subsection and a description of any relationship the named individual has with:
(i) A carrier;
(ii) A utilization review agent;
(iii) A nonprofit or for-profit health corporation;
(iv) A health care provider;
(v) A drug or device manufacturer; or
(vi) A group representing any of the entities described by
(d)(i) through (v) of this subsection;
(e) The percentage of the applicant's revenues that are
anticipated to be derived from reviews conducted under
RCW 48.43.535;
(f) A description of the areas of expertise of the health
care professionals and contract specialists making review
determinations for the applicant; and
(g) The procedures to be used by the independent review
organization in making review determinations regarding
reviews conducted under RCW 48.43.535.
(4) If at any time there is a material change in the information included in the application under subsection (3) of
this section, the independent review organization shall submit updated information to the department.
(5) An independent review organization may not be a
subsidiary of, or in any way owned or controlled by, a carrier
(2004 Ed.)
Department of Health
or a trade or professional association of health care providers
or carriers.
(6) An independent review organization, and individuals
acting on its behalf, are immune from suit in a civil action
when performing functions under chapter 5, Laws of 2000.
However, this immunity does not apply to an act or omission
made in bad faith or that involves gross negligence.
(7) Independent review organizations must be free from
interference by state government in its functioning except as
provided in subsection (8) of this section.
(8) The rules adopted under this section shall include
provisions for terminating the certification of an independent
review organization for failure to comply with the requirements for certification. The department may review the operation and performance of an independent review organization
in response to complaints or other concerns about compliance.
(9) In adopting rules for this section, the department shall
take into consideration standards for independent review
organizations adopted by national accreditation organizations. The department may accept national accreditation or
certification by another state as evidence that an organization
satisfies some or all of the requirements for certification by
the department as an independent review organization. [2000
c 5 § 12.]
Intent—Purpose—2000 c 5: See RCW 48.43.005.
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See
notes following RCW 48.43.500.
43.70.240
43.70.240 Written operating agreements. The secretary and each of the professional licensing and disciplinary
boards under the administration of the department shall enter
into written operating agreements on administrative procedures with input from the regulated profession and the public.
The intent of these agreements is to provide a process for the
department to consult each board on administrative matters
and to ensure that the administration and staff functions
effectively enable each board to fulfill its statutory responsibilities. The agreements shall include, but not be limited to,
the following provisions:
(1) Administrative activities supporting the board's policies, goals, and objectives;
(2) Development and review of the agency budget as it
relates to the board; and
(3) Board related personnel issues.
The agreements shall be reviewed and revised in like
manner if appropriate at the beginning of each fiscal year,
and at other times upon written request by the secretary or the
board. [1998 c 245 § 73; 1989 1st ex.s. c 9 § 304.]
43.70.250
43.70.250 License fees for professions, occupations,
and businesses. It shall be the policy of the state of Washington that the cost of each professional, occupational, or
business licensing program be fully borne by the members of
that profession, occupation, or business. The secretary shall
from time to time establish the amount of all application fees,
license fees, registration fees, examination fees, permit fees,
renewal fees, and any other fee associated with licensing or
regulation of professions, occupations, or businesses administered by the department. In fixing said fees, the secretary
(2004 Ed.)
43.70.280
shall set the fees for each program at a sufficient level to
defray the costs of administering that program. All such fees
shall be fixed by rule adopted by the secretary in accordance
with the provisions of the administrative procedure act, chapter 34.05 RCW. [1996 c 191 § 1; 1989 1st ex.s. c 9 § 319.]
43.70.260
43.70.260 Appointment of temporary additional
members of boards and committees for administration
and grading of examinations. The secretary may, at the
request of a board or committee established under Title 18
RCW under the administrative authority of the department of
health, appoint temporary additional members for the purpose of participating as members during the administration
and grading of practical examinations for licensure, certification, or registration. The appointment shall be for the duration of the examination specified in the request. Individuals
so appointed must meet the same minimum qualifications as
regular members of the board or committee, including the
requirement to be licensed, certified, or registered. While
serving as board or committee members, persons so
appointed have all the powers, duties, and immunities and are
entitled to the emoluments, including travel expenses in
accordance with RCW 43.03.050 and 43.03.060, of regular
members of the board or committee. This authority is
intended to provide for more efficient, economical, and effective examinations. [1989 1st ex.s. c 9 § 320.]
43.70.270
43.70.270 License moratorium for persons in the service. Notwithstanding any provision of law to the contrary,
the license of any person licensed by the secretary of health to
practice a profession or engage in an occupation, if valid and
in force and effect at the time the licensee entered service in
the armed forces or the merchant marine of the United States,
shall continue in full force and effect so long as such service
continues, unless sooner suspended, canceled, or revoked for
cause as provided by law. The secretary shall renew the
license of every such person who applies for renewal thereof
within six months after being honorably discharged from service upon payment of the renewal fee applicable to the then
current year or other license period. [1989 1st ex.s. c 9 §
321.]
43.70.280
43.70.280 Procedure for issuance, renewal, or reissuance of credentials—Extension or modification of licensing, certification, or registration period authorized. (1)
The secretary, in consultation with health profession boards
and commissions, shall establish by rule the administrative
procedures, administrative requirements, and fees for initial
issue, renewal, and reissue of a credential for professions
under RCW 18.130.040, including procedures and requirements for late renewals and uniform application of late
renewal penalties. Failure to renew invalidates the credential
and all privileges granted by the credential. Administrative
procedures and administrative requirements do not include
establishing, monitoring, and enforcing qualifications for
licensure, scope or standards of practice, continuing competency mechanisms, and discipline when such authority is
authorized in statute to a health profession board or commission. For the purposes of this section, "in consultation with"
means providing an opportunity for meaningful participation
[Title 43 RCW—page 327]
43.70.290
Title 43 RCW: State Government—Executive
in development of rules consistent with processes set forth in
RCW 34.05.310.
(2) Notwithstanding any provision of law to the contrary
which provides for a licensing period for any type of license
subject to this chapter including those under RCW
18.130.040, the secretary of health may, from time to time,
extend or otherwise modify the duration of any licensing, certification, or registration period, whether an initial or renewal
period, if the secretary determines that it would result in a
more economical or efficient operation of state government
and that the public health, safety, or welfare would not be
substantially adversely affected thereby. However, no
license, certification, or registration may be issued or
approved for a period in excess of four years, without
renewal. Such extension, reduction, or other modification of
a licensing, certification, or registration period shall be by
rule or regulation of the department of health adopted in
accordance with the provisions of chapter 34.05 RCW. Such
rules and regulations may provide a method for imposing and
collecting such additional proportional fee as may be
required for the extended or modified period. [1999 c 34 § 1;
1998 c 29 § 1; 1996 c 191 § 2; 1989 1st ex.s. c 9 § 322.]
43.70.290
43.70.290 Funeral directors and embalmers subject
to chapter 18.130 RCW. Funeral directors and embalmers,
licensed under chapter 18.39 RCW, are subject to the provisions of chapter 18.130 RCW under the administration of the
department of licensing. The department of licensing shall
review the statutes authorizing the regulation of funeral
directors and embalmers, and recommend any changes necessary by January 1, 1990. [1989 1st ex.s. c 9 § 323.]
43.70.300
43.70.300 Secretary or secretary's designee ex officio
member of health professional licensure and disciplinary
boards. In order to provide liaison with the department of
health, provide continuity between changes in board membership, achieve uniformity as appropriate in licensure or regulated activities under the jurisdiction of the department, and
to better represent the public interest, the secretary, or a designee appointed by the secretary, shall serve as an ex officio
member of every health professional licensure or disciplinary
board established under Title 18 RCW under the administrative authority of the department of health. The secretary shall
have no vote unless otherwise authorized by law. [1989 1st
ex.s. c 9 § 318; 1983 c 168 § 11. Formerly RCW 43.24.015.]
There is created in the state treasury an account to be known
as the health professions account. All fees received by the
department for health professions licenses, registration, certifications, renewals, or examinations and the civil penalties
assessed and collected by the department under RCW
18.130.190 shall be forwarded to the state treasurer who shall
credit such moneys to the health professions account.
(2) All expenses incurred in carrying out the health professions licensing activities of the department shall be paid
from the account as authorized by legislative appropriation.
Any residue in the account shall be accumulated and shall not
revert to the general fund at the end of the biennium.
(3) The secretary shall biennially prepare a budget
request based on the anticipated costs of administering the
health professions licensing activities of the department
which shall include the estimated income from health professions fees. [1993 c 492 § 411; 1991 sp.s. c 13 § 18; 1991 c 3
§ 299; 1985 c 57 § 29; 1983 c 168 § 5. Formerly RCW
43.24.072.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1983 c 168: See RCW 18.120.910.
43.70.325
43.70.325 Rural health access account. The rural
health access account is created in the custody of the state
treasurer. The account may receive moneys through gift,
grant, or donation to the state for the purposes of the account.
Expenditures from the account may be used only for rural
health programs including, but not limited to, those authorized in chapters 70.175 and 70.180 RCW, the health professional and loan repayment programs authorized in chapter
28B.115 RCW, and to make grants to small or rural hospitals,
or rural public hospital districts, for the purpose of developing viable, integrated rural health systems. Only the secretary
of health or the secretary's designee may authorize expenditures from the account. No appropriation is required for an
expenditure from the account. Any residue in the account
shall accumulate in the account and shall not revert to the
general fund at the end of the biennium. Costs incurred by the
department in administering the account shall be paid from
the account. [1992 c 120 § 1.]
Severability—1983 c 168: See RCW 18.120.910.
43.70.327
43.70.310
43.70.310 Cooperation with department of ecology.
Where feasible, the department and the state board of health
shall consult with the department of ecology in order that, to
the fullest extent possible, agencies concerned with the preservation of life and health and agencies concerned with protection of the environment may integrate their efforts and
endorse policies in common. [1987 c 109 § 25; 1970 ex.s. c
18 § 12. Formerly RCW 43.20A.140.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
43.70.320
43.70.320 Health professions account—Fees credited—Requirements for biennial budget request. (1)
[Title 43 RCW—page 328]
43.70.327 Public health supplemental account—
Annual statement. (1) The public health supplemental
account is created in the state treasury. All receipts from gifts,
bequests, devises, or funds, whose use is determined to further the purpose of maintaining and improving the health of
Washington residents through the public health system must
be deposited into the account. Money in the account may be
spent only after appropriation. Expenditures from the account
may be used only for maintaining and improving the health of
Washington residents through the public health system.
Expenditures from the account shall not be used to pay for or
add permanent full-time equivalent staff positions.
(2) The department shall file an annual statement of the
financial condition, transactions, and affairs of any program
(2004 Ed.)
Department of Health
funded under this section in a form and manner prescribed by
the office of financial management. A copy of the annual
statement shall be filed with the speaker of the house of representatives and the president of the senate. [2001 c 80 § 3.]
Findings—Intent—2001 c 80: See note following RCW 43.70.040.
43.70.334
43.70.334 Temporary worker housing—Definition.
For the purposes of RCW 43.70.335, 43.70.337, and
43.70.340, "temporary worker housing" has the same meaning as provided in RCW 70.114A.020. [1999 c 374 § 9.]
43.70.400
(c) Submit a plan review and permit fee to the department of health pursuant to RCW 43.70.340.
(2) The department shall adopt rules as necessary, for the
application procedures for the temporary worker housing
plan review and permit process.
(3) Any alteration of a manufactured structure to be used
for temporary worker housing remains subject to chapter
43.22 RCW, and the rules adopted under chapter 43.22
RCW. [1998 c 37 § 6.]
43.70.340
43.70.335
43.70.335 Temporary worker housing operating
license—Fee—Display—Suspension or revocation—
Fines—Refunds—Rules—Application of department of
labor and industries standards. (1) Any person providing
temporary worker housing consisting of five or more dwelling units, or any combination of dwelling units, dormitories,
or spaces that house ten or more occupants, or any person
providing temporary worker housing who makes the election
to comply with the temporary worker building code under
RCW 70.114A.081(1)(g), shall secure an annual operating
license prior to occupancy and shall pay a fee according to
RCW 43.70.340. The license shall be conspicuously displayed on site.
(2) Licenses issued under this chapter may be suspended
or revoked upon the failure or refusal of the person providing
temporary worker housing to comply with rules adopted
under this section or chapter 70.114A RCW by the department. All such proceedings shall be governed by the provisions of chapter 34.05 RCW.
(3) The department may assess a civil fine in accordance
with RCW 43.70.095 for failure or refusal to obtain a license
prior to occupancy of temporary worker housing. The department may refund all or part of the civil fine collected once the
operator obtains a valid operating license.
(4) Civil fines under this section shall not exceed twice
the cost of the license plus the cost of the initial on-site
inspection for the first violation of this section, and shall not
exceed ten times the cost of the license plus the cost of the
initial on-site inspection for second and subsequent violations
within any five-year period. The department may adopt rules
as necessary to assure compliance with this section. [1999 c
374 § 10; 1998 c 37 § 5.]
43.70.337
43.70.337 Temporary worker housing building permit—Plans and specifications—Fees—Rules. (1) Any person who constructs, alters, or makes an addition to temporary
worker housing consisting of five or more dwelling units, or
any combination of dwelling units, dormitories, or spaces
that house ten or more occupants, or any person who constructs, alters, or makes an addition to temporary worker
housing who elects to comply with the temporary worker
building code under RCW 70.114A.081(1)(g), shall:
(a) Submit plans and specifications for the alteration,
addition, or new construction of this housing prior to beginning any alteration, addition, or new construction on this
housing;
(b) Apply for and obtain a temporary worker housing
building permit from the department prior to construction or
alteration of this housing; and
(2004 Ed.)
43.70.340 Temporary worker housing inspection
fund—Fees on temporary worker housing operating
licenses and building permits—Licenses generally. (1)
The temporary worker housing fund is established in the custody of the state treasury. The department shall deposit all
funds received under subsections (2) and (3) of this section
and from the legislature to administer a temporary worker
housing permitting, licensing, and inspection program conducted by the department. Disbursement from the fund shall
be on authorization of the secretary of health or the secretary's designee. The fund is subject to the allotment procedure
provided under chapter 43.88 RCW, but no appropriation is
required for disbursements.
(2) There is imposed a fee on each operating license
issued by the department to every operator of temporary
worker housing that is regulated by the state board of health.
In establishing the fee to be paid under this subsection the
department shall consider the cost of administering a license
as well as enforcing applicable state board of health rules on
temporary worker housing.
(3) There is imposed a fee on each temporary worker
housing building permit issued by the department to every
operator of temporary worker housing as required by RCW
43.70.337. The fee shall include the cost of administering a
permit as well as enforcing the department's temporary
worker building code as adopted under RCW 70.114A.081.
(4) The department shall conduct a fee study for:
(a) A temporary worker housing operator's license;
(b) On-site inspections; and
(c) A plan review and building permit for new construction.
After completion of the study, the department shall adopt
these fees by rule by no later than December 31, 1998.
(5) The term of the operating license and the application
procedures shall be established, by rule, by the department.
[1998 c 37 § 7; 1990 c 253 § 3.]
Legislative finding and purpose—1990 c 253: "The legislature finds
that the demand for housing for migrant and seasonal farmworkers far
exceeds the supply of adequate housing in the state of Washington. In addition, increasing numbers of these housing units are in deteriorated condition
because they cannot be economically maintained and repaired.
The legislature further finds that the lack of a clear program for the regulation and inspection of farmworker housing has impeded the construction
and renovation of housing units in this state.
It is the purpose of this act for the various agencies involved in the regulation of farmworker housing to coordinate and consolidate their activities
to provide for efficient and effective monitoring of farmworker housing. It is
intended that this action will provide greater responsiveness in dealing with
public concerns over farmworker housing, and allow greater numbers of
housing units to be built." [1990 c 253 § 1.]
43.70.400
43.70.400 Head injury prevention—Legislative finding. The legislature finds that head injury is a major cause of
[Title 43 RCW—page 329]
43.70.410
Title 43 RCW: State Government—Executive
death and disability for Washington citizens. The costs of
head injury treatment and rehabilitation are extensive and
resultant disabilities are long and indeterminate. These costs
are often borne by public programs such as medicaid. The
legislature finds further that many such injuries are preventable. The legislature intends to reduce the occurrence of head
injury by educating persons whose behavior may place them
at risk and by regulating certain activities. [1990 c 270 § 2.]
43.70.410
43.70.410 Head injury prevention—Program, generally. As used in RCW 43.70.400 through 43.70.440, the term
"head injury" means traumatic brain injury.
A head injury prevention program is created in the
department of health. The program's functions may be integrated with those of similar programs to promote comprehensive, integrated, and effective health promotion and disease
prevention.
In consultation with the traffic safety commission, the
department shall, directly or by contract, identify and coordinate public education efforts currently underway within state
government and among private groups to prevent traumatic
brain injury, including, but not limited to, bicycle safety,
pedestrian safety, bicycle passenger seat safety, motorcycle
safety, motor vehicle safety, and sports safety. If the department finds that programs are not available or not in use, it
may, within funds appropriated for the purpose, provide
grants to promote public education efforts. Grants may be
awarded only after recipients have demonstrated coordination with relevant and knowledgeable groups within their
communities, including at least schools, brain injury support
organizations, hospitals, physicians, traffic safety specialists,
police, and the public. The department may accept grants,
gifts, and donations from public or private sources to use to
carry out the head injury prevention program.
The department may assess or contract for the assessment of the effectiveness of public education efforts coordinated or initiated by any agency of state government. Agencies are directed to cooperate with assessment efforts by providing access to data and program records as reasonably
required. The department may seek and receive additional
funds from the federal government or private sources for
assessments. Assessments shall contain findings and recommendations that will improve the effectiveness of public education efforts. These findings shall be distributed among public and private groups concerned with traumatic brain injury
prevention. [1990 c 270 § 3.]
Bicycle awareness program: RCW 43.43.390.
43.70.420
43.70.420 Head injury prevention—Information
preparation. The department of health, the department of
licensing, and the traffic safety commission shall jointly prepare information for driver license manuals, driver education
programs, and driving tests to increase driver awareness of
pedestrian safety, to increase driver skills in avoiding pedestrian and motor vehicle accidents, and to determine drivers'
abilities to avoid pedestrian motor vehicle accidents. [1990 c
270 § 4.]
43.70.430
43.70.430 Head injury prevention—Guidelines on
training and education—Training of emergency medical
[Title 43 RCW—page 330]
personnel. The department shall prepare guidelines on relevant training and education regarding traumatic brain injury
for health and education professionals, and relevant public
safety and law enforcement officials. The department shall
distribute such guidelines and any recommendations for
training or educational requirements for health professionals
or educators to the disciplinary authorities governed by chapter 18.130 RCW and to educational service districts established under chapter 28A.310 RCW. Specifically, all emergency medical personnel shall be trained in proper helmet
removal. [1990 c 270 § 6.]
43.70.440
43.70.440 Head injury prevention act—Short title—
1990 c 270. This act shall be known and cited as the Head
Injury Prevention Act of 1990. [1990 c 270 § 1.]
43.70.450
43.70.450 Senior environmental corps—Department
powers and duties. (1) The department of health shall have
the following powers and duties in carrying out its responsibilities for the senior environmental corps created under
RCW 43.63A.247:
Appoint a representative to the coordinating council;
Develop project proposals;
Administer project activities within the agency;
Develop appropriate procedures for the use of volunteers;
Provide project orientation, technical training, safety
training, equipment, and supplies to carry out project activities;
Maintain project records and provide project reports;
Apply for and accept grants or contributions for corps
approved projects; and
With the approval of the *council, enter into memoranda
of understanding and cooperative agreements with federal,
state, and local agencies to carry out corps approved projects.
(2) The department shall not use corps volunteers to displace currently employed workers. [1992 c 63 § 12.]
*Reviser's note: RCW 70.170.030, which created the health care
access and cost control council, was repealed by 1995 c 269 § 2204, effective
July 1, 1995.
Severability—1992 c 63: See note following RCW 43.63A.240.
43.70.460
43.70.460 Retired primary care provider liability
malpractice insurance—Program authorized. (1) The
department may establish a program to purchase and maintain liability malpractice insurance for retired primary care
providers who provide primary health care services to lowincome patients. The following conditions apply to the program:
(a) Primary health care services shall be provided at clinics serving low-income patients that are public or private taxexempt corporations or other established practice settings as
defined by the department;
(b) Primary health care services provided at the clinics
shall be offered to low-income patients based on their ability
to pay;
(c) Retired primary care providers providing health care
services shall not receive compensation for their services;
and
(2004 Ed.)
Department of Health
(d) The department shall contract only with a liability
insurer authorized to offer liability malpractice insurance in
the state.
(2) This section and RCW 43.70.470 shall not be interpreted to require a liability insurer to provide coverage to a
primary care provider should the insurer determine that coverage should not be offered to a primary care provider
because of past claims experience or for other appropriate
reasons.
(3) The state and its employees who operate the program
shall be immune from any civil or criminal action involving
claims against clinics or primary care providers that provided
health care services under this section and RCW 43.70.470.
This protection of immunity shall not extend to any clinic or
primary care provider participating in the program.
(4) The department may monitor the claims experience
of retired primary care providers covered by liability insurers
contracting with the department.
(5) The department may provide liability insurance
under chapter 113, Laws of 1992 only to the extent funds are
provided for this purpose by the legislature. If there are
insufficient funds to support all applications for liability
insurance coverage, priority shall be given to those retired
primary care providers working at clinics operated by public
or private tax-exempt corporations rather than clinics operated by for-profit corporations. [2004 c 184 § 1; 1993 c 492
§ 276; 1992 c 113 § 2.]
Finding—1993 c 492: See note following RCW 28B.115.080.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Legislative declaration—1992 c 113: "There are a number of retired
physicians who wish to provide, or are providing, health care services to
low-income patients without compensation. However, the cost of obtaining
malpractice insurance is a burden that is deterring them from donating their
time and services in treating the health problems of the poor. The necessity
of maintaining malpractice insurance for those in practice is a significant
reality in today's litigious society.
A program to alleviate the onerous costs of malpractice insurance for
retired physicians providing uncompensated health care services to lowincome patients will encourage philanthropy and augment state resources in
providing for the health care needs of those who have no access to basic
health care services.
An estimated sixteen percent of the nonelderly population do not have
health insurance and lack access to even basic health care services. This is
especially problematic for low-income persons who are young and who are
either unemployed or have entry-level jobs without health care benefits. The
majority of the uninsured, however, are working adults, and some twentynine percent are children.
The legislature declares that this act will increase the availability of primary care to low-income persons and is in the interest of the public health
and safety." [1992 c 113 § 1.]
43.70.470
43.70.470 Retired primary care provider liability
malpractice insurance—Conditions. The department may
establish by rule the conditions of participation in the liability
insurance program by retired primary care providers at clinics utilizing retired primary care providers for the purposes of
this section and RCW 43.70.460. These conditions shall
include, but not be limited to, the following:
(1) The participating primary care provider associated
with the clinic shall hold a valid license to practice as a physician under chapter 18.71 or 18.57 RCW, a naturopath under
chapter 18.36A RCW, a physician assistant under chapter
(2004 Ed.)
43.70.480
18.71A or 18.57A RCW, an advanced registered nurse practitioner under *chapter 18.88 RCW, a dentist under chapter
18.32 RCW, or other health professionals as may be deemed
in short supply in the health personnel resource plan under
**chapter 28B.125 RCW. A primary care provider may
include a specialist who is practicing in a primary care capacity. All primary care providers must be in conformity with
current requirements for licensure as a retired primary care
provider, including continuing education requirements;
(2) The participating primary care provider shall limit
the scope of practice in the clinic to primary care. Primary
care shall be limited to noninvasive procedures and shall not
include obstetrical care, or any specialized care and treatment. Noninvasive procedures include injections, suturing of
minor lacerations, and incisions of boils or superficial
abscesses. Primary dental care shall be limited to diagnosis,
oral hygiene, restoration, and extractions and shall not
include orthodontia, or other specialized care and treatment;
(3) The provision of liability insurance coverage shall
not extend to acts outside the scope of rendering medical services pursuant to this section and RCW 43.70.460;
(4) The participating primary care provider shall limit
the provision of health care services to primarily low-income
persons provided that clinics may, but are not required to,
provide means tests for eligibility as a condition for obtaining
health care services;
(5) The participating primary care provider shall not
accept compensation for providing health care services from
patients served pursuant to this section and RCW 43.70.460,
nor from clinics serving these patients. "Compensation" shall
mean any remuneration of value to the participating primary
care provider for services provided by the primary care provider, but shall not be construed to include any nominal
copayments charged by the clinic, nor reimbursement of
related expenses of a participating primary care provider
authorized by the clinic in advance of being incurred; and
(6) The use of mediation or arbitration for resolving
questions of potential liability may be used, however any
mediation or arbitration agreement format shall be expressed
in terms clear enough for a person with a sixth grade level of
education to understand, and on a form no longer than one
page in length. [2004 c 184 § 2; 1993 c 492 § 277; 1992 c 113
§ 3.]
Reviser's note: *(1) Chapter 18.88 RCW was repealed by 1994 sp.s. c
9 § 433, effective July 1, 1994.
**(2) Chapter 28B.125 RCW was repealed by 2003 c 278 § 5.
Finding—1993 c 492: See note following RCW 28B.115.080.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Legislative declaration—1992 c 113: See note following RCW
43.70.460.
43.70.480
43.70.480 Emergency medical personnel—Futile
treatment and natural death directives—Guidelines. The
department of health shall adopt guidelines and protocols for
how emergency medical personnel shall respond when summoned to the site of an injury or illness for the treatment of a
person who has signed a written directive or durable power of
[Title 43 RCW—page 331]
43.70.500
Title 43 RCW: State Government—Executive
attorney requesting that he or she not receive futile emergency medical treatment.
The guidelines shall include development of a simple
form that shall be used statewide. [2000 c 70 § 1; 1992 c 98
§ 14.]
Application—Severability—1992 c 98: See RCW 70.122.915 and
70.122.920.
43.70.500
43.70.500 Health care services practice indicators
and risk management protocols. The department of health
shall consult with health care providers and facilities, purchasers, health professional regulatory authorities under
RCW 18.130.040, appropriate research and clinical experts,
and consumers of health care services to identify specific
practice areas where practice indicators and risk management
protocols have been developed, including those that have
been demonstrated to be effective among persons of color.
Practice indicators shall be based upon expert consensus and
best available scientific evidence. The department shall:
(1) Develop a definition of expert consensus and best
available scientific evidence so that practice indicators can
serve as a standard for excellence in the provision of health
care services.
(2) Establish a process to identify and evaluate practice
indicators and risk management protocols as they are developed by the appropriate professional, scientific, and clinical
communities.
(3) Recommend the use of practice indicators and risk
management protocols in quality assurance, utilization
review, or provider payment to the health services commission. [1993 c 492 § 410.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
43.70.510
43.70.510 Health care services coordinated quality
improvement program—Rules. (1)(a) Health care institutions and medical facilities, other than hospitals, that are
licensed by the department, professional societies or organizations, health care service contractors, health maintenance
organizations, health carriers approved pursuant to chapter
48.43 RCW, and any other person or entity providing health
care coverage under chapter 48.42 RCW that is subject to the
jurisdiction and regulation of any state agency or any subdivision thereof may maintain a coordinated quality improvement program for the improvement of the quality of health
care services rendered to patients and the identification and
prevention of medical malpractice as set forth in RCW
70.41.200.
(b) All such programs shall comply with the requirements of RCW 70.41.200(1) (a), (c), (d), (e), (f), (g), and (h)
as modified to reflect the structural organization of the institution, facility, professional societies or organizations, health
care service contractors, health maintenance organizations,
health carriers, or any other person or entity providing health
care coverage under chapter 48.42 RCW that is subject to the
jurisdiction and regulation of any state agency or any subdivision thereof, unless an alternative quality improvement
program substantially equivalent to RCW 70.41.200(1)(a) is
developed. All such programs, whether complying with the
[Title 43 RCW—page 332]
requirement set forth in RCW 70.41.200(1)(a) or in the form
of an alternative program, must be approved by the department before the discovery limitations provided in subsections
(3) and (4) of this section and the exemption under RCW
42.17.310(1)(hh) and subsection (5) of this section shall
apply. In reviewing plans submitted by licensed entities that
are associated with physicians' offices, the department shall
ensure that the exemption under RCW 42.17.310(1)(hh) and
the discovery limitations of this section are applied only to
information and documents related specifically to quality
improvement activities undertaken by the licensed entity.
(2) Health care provider groups of five or more providers
may maintain a coordinated quality improvement program
for the improvement of the quality of health care services rendered to patients and the identification and prevention of
medical malpractice as set forth in RCW 70.41.200. All such
programs shall comply with the requirements of RCW
70.41.200(1) (a), (c), (d), (e), (f), (g), and (h) as modified to
reflect the structural organization of the health care provider
group. All such programs must be approved by the department before the discovery limitations provided in subsections
(3) and (4) of this section and the exemption under RCW
42.17.310(1)(hh) and subsection (5) of this section shall
apply.
(3) Any person who, in substantial good faith, provides
information to further the purposes of the quality improvement and medical malpractice prevention program or who, in
substantial good faith, participates on the quality improvement committee shall not be subject to an action for civil
damages or other relief as a result of such activity. Any person or entity participating in a coordinated quality improvement program that, in substantial good faith, shares information or documents with one or more other programs, committees, or boards under subsection (6) of this section is not
subject to an action for civil damages or other relief as a result
of the activity or its consequences. For the purposes of this
section, sharing information is presumed to be in substantial
good faith. However, the presumption may be rebutted upon
a showing of clear, cogent, and convincing evidence that the
information shared was knowingly false or deliberately misleading.
(4) Information and documents, including complaints
and incident reports, created specifically for, and collected,
and maintained by a quality improvement committee are not
subject to discovery or introduction into evidence in any civil
action, and no person who was in attendance at a meeting of
such committee or who participated in the creation, collection, or maintenance of information or documents specifically for the committee shall be permitted or required to testify in any civil action as to the content of such proceedings
or the documents and information prepared specifically for
the committee. This subsection does not preclude: (a) In any
civil action, the discovery of the identity of persons involved
in the medical care that is the basis of the civil action whose
involvement was independent of any quality improvement
activity; (b) in any civil action, the testimony of any person
concerning the facts that form the basis for the institution of
such proceedings of which the person had personal knowledge acquired independently of such proceedings; (c) in any
civil action by a health care provider regarding the restriction
or revocation of that individual's clinical or staff privileges,
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Department of Health
introduction into evidence information collected and maintained by quality improvement committees regarding such
health care provider; (d) in any civil action challenging the
termination of a contract by a state agency with any entity
maintaining a coordinated quality improvement program
under this section if the termination was on the basis of quality of care concerns, introduction into evidence of information created, collected, or maintained by the quality improvement committees of the subject entity, which may be under
terms of a protective order as specified by the court; (e) in any
civil action, disclosure of the fact that staff privileges were
terminated or restricted, including the specific restrictions
imposed, if any and the reasons for the restrictions; or (f) in
any civil action, discovery and introduction into evidence of
the patient's medical records required by rule of the department of health to be made regarding the care and treatment
received.
(5) Information and documents created specifically for,
and collected and maintained by a quality improvement committee are exempt from disclosure under chapter 42.17 RCW.
(6) A coordinated quality improvement program may
share information and documents, including complaints and
incident reports, created specifically for, and collected and
maintained by a quality improvement committee or a peer
review committee under RCW 4.24.250 with one or more
other coordinated quality improvement programs maintained
in accordance with this section or with RCW 70.41.200 or a
peer review committee under RCW 4.24.250, for the
improvement of the quality of health care services rendered
to patients and the identification and prevention of medical
malpractice. The privacy protections of chapter 70.02 RCW
and the federal health insurance portability and accountability act of 1996 and its implementing regulations apply to the
sharing of individually identifiable patient information held
by a coordinated quality improvement program. Any rules
necessary to implement this section shall meet the requirements of applicable federal and state privacy laws. Information and documents disclosed by one coordinated quality
improvement program to another coordinated quality
improvement program or a peer review committee under
RCW 4.24.250 and any information and documents created
or maintained as a result of the sharing of information and
documents shall not be subject to the discovery process and
confidentiality shall be respected as required by subsection
(4) of this section and RCW 4.24.250.
(7) The department of health shall adopt rules as are necessary to implement this section. [2004 c 145 § 2; 1995 c 267
§ 7; 1993 c 492 § 417.]
Captions not law—Severability—Effective dates—1995 c 267: See
notes following RCW 43.70.052.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
43.70.520
43.70.520 Public health services improvement plan.
(1) The legislature finds that the public health functions of
community assessment, policy development, and assurance
of service delivery are essential elements in achieving the
objectives of health reform in Washington state. The legislature further finds that the population-based services provided
(2004 Ed.)
43.70.520
by state and local health departments are cost-effective and
are a critical strategy for the long-term containment of health
care costs. The legislature further finds that the public health
system in the state lacks the capacity to fulfill these functions
consistent with the needs of a reformed health care system.
(2) The department of health shall develop, in consultation with local health departments and districts, the state
board of health, the health services commission, area Indian
health service, and other state agencies, health services providers, and citizens concerned about public health, a public
health services improvement plan. The plan shall provide a
detailed accounting of deficits in the core functions of assessment, policy development, assurance of the current public
health system, how additional public health funding would be
used, and describe the benefits expected from expanded
expenditures.
(3) The plan shall include:
(a) Definition of minimum standards for public health
protection through assessment, policy development, and
assurances:
(i) Enumeration of communities not meeting those standards;
(ii) A budget and staffing plan for bringing all communities up to minimum standards;
(iii) An analysis of the costs and benefits expected from
adopting minimum public health standards for assessment,
policy development, and assurances;
(b) Recommended strategies and a schedule for improving public health programs throughout the state, including:
(i) Strategies for transferring personal health care services from the public health system, into the uniform benefits
package where feasible; and
(ii) Timing of increased funding for public health services linked to specific objectives for improving public
health; and
(c) A recommended level of dedicated funding for public
health services to be expressed in terms of a percentage of
total health service expenditures in the state or a set per person amount; such recommendation shall also include methods to ensure that such funding does not supplant existing
federal, state, and local funds received by local health departments, and methods of distributing funds among local health
departments.
(4) The department shall coordinate this planning process with the study activities required in section 258, chapter
492, Laws of 1993.
(5) By March 1, 1994, the department shall provide initial recommendations of the public health services improvement plan to the legislature regarding minimum public health
standards, and public health programs needed to address
urgent needs, such as those cited in subsection (7) of this section.
(6) By December 1, 1994, the department shall present
the public health services improvement plan to the legislature, with specific recommendations for each element of the
plan to be implemented over the period from 1995 through
1997.
(7) Thereafter, the department shall update the public
health services improvement plan for presentation to the legislature prior to the beginning of a new biennium.
[Title 43 RCW—page 333]
43.70.525
Title 43 RCW: State Government—Executive
(8) Among the specific population-based public health
activities to be considered in the public health services
improvement plan are: Health data assessment and chronic
and infectious disease surveillance; rapid response to outbreaks of communicable disease; efforts to prevent and control specific communicable diseases, such as tuberculosis and
acquired immune deficiency syndrome; health education to
promote healthy behaviors and to reduce the prevalence of
chronic disease, such as those linked to the use of tobacco;
access to primary care in coordination with existing community and migrant health clinics and other not for profit health
care organizations; programs to ensure children are born as
healthy as possible and they receive immunizations and adequate nutrition; efforts to prevent intentional and unintentional injury; programs to ensure the safety of drinking water
and food supplies; poison control; trauma services; and other
activities that have the potential to improve the health of the
population or special populations and reduce the need for or
cost of health services. [1993 c 492 § 467.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Additional contents: RCW 43.70.550.
43.70.525
43.70.525 Immunization assessment and enhancement proposals by local jurisdictions. (1) The department,
in conjunction with local health jurisdictions, shall require
each local health jurisdiction to submit an immunization
assessment and enhancement proposal, consistent with the
standards established in the public health [services] improvement plan, to provide immunization protection to the children
of the state to further reduce vaccine-preventable diseases.
(2) These plans shall include, but not be limited to:
(a) A description of the population groups in the jurisdiction that are in the greatest need of immunizations;
(b) A description of strategies to use outreach, volunteer,
and other local educational resources to enhance immunization rates; and
(c) A description of the capacity required to accomplish
the enhancement proposal.
(3) This section shall be implemented consistent with
available funding.
(4) The secretary shall report through the public health
[services] improvement plan to the health care and fiscal
committees of the legislature on the status of the program and
progress made toward increasing immunization rates in population groups of greatest need. [1994 c 299 § 29.]
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.
Immunization: RCW 28A.210.060.
43.70.530 Home visitor program. The department of
health, the department of social and health services, the
department of community, trade, and economic development,
the superintendent of public instruction, and the employment
security department shall, collectively and collaboratively,
develop a plan for a home health visitor program that shall
have as its primary purpose the prevention of child abuse and
neglect through the provision of selected educational and
supportive services to high risk parents of newborns.
43.70.530
[Title 43 RCW—page 334]
(1) The program shall: (a) Be community-based; (b)
include early hospital-based screening to identify high risk
parents of newborns; (c) provide for an effective, in-home
outreach and support program for high risk parents of newborns that involves: (i) Frequent home visits, (ii) parent
training on early childhood development, parenting, and the
stress factors that lead to abuse and neglect, and (iii) referrals
to needed social and health services; and (d) demonstrate
effective coordination among current community-based programs that may also serve high risk parents and their infants,
including child abuse prevention programs, first steps, second steps, the early childhood education and assistance program, the healthy kids program, child welfare services, the
women, infants, and children program, the high priority
infant tracking program, the birth to six program, local and
state public health prevention and early intervention services,
and other services as identified.
(2) The plan shall: (a) Include an estimate and a description of the high risk groups to be served; (b) detail the screening process and mechanisms to be used to identify high risk
parents; (c) detail the services to be included in the in-home
program; (d) describe staffing that may include the use of
teams of professionals, paraprofessionals, and volunteers; (e)
describe how the program will be evaluated, including the
measurable outcomes to be achieved; and (f) provide an estimate of the costs to fully implement the program statewide,
and for possible consideration, a series of pilot projects with
a phased-in schedule. [1998 c 245 § 75; 1993 c 179 § 2.]
Intent—1993 c 179: "The incidence of child abuse and neglect has
reached epidemic proportions in the nation. In Washington state alone, there
were sixty-two thousand five hundred reports of child abuse and neglect in
1991. That is one occurrence for every twenty-one children in this state.
Research shows that most reported cases of physical abuse and neglect
occurs among children under the age of five. Research also shows that child
abuse and neglect can be prevented. One of the most effective strategies for
preventing child abuse and neglect is to provide parents who are most at risk
of abuse, with education and supportive services beginning at the time their
infant is born and continuing in the home. Therefore, it is the legislature's
intent to develop the home health visitor program in this state." [1993 c 179
§ 1.]
Effective date—1993 c 179: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 30, 1993]." [1993 c 179 § 3.]
43.70.540
43.70.540 Data collection—Legislative finding and
intent. The legislature recognizes that the state patrol, the
office of the administrator for the courts, the sheriffs' and
police chiefs' association, the department of social and health
services, the department of community, trade, and economic
development, the sentencing guidelines commission, the
department of corrections, and the superintendent of public
instruction each have comprehensive data and analysis capabilities that have contributed greatly to our current understanding of crime and violence, and their causes.
The legislature finds, however, that a single health-oriented agency must be designated to provide consistent guidelines to all these groups regarding the way in which their data
systems collect this important data. It is not the intent of the
legislature by RCW 43.70.545 to transfer data collection
requirements from existing agencies or to require the addition
of major new data systems. It is rather the intent to make only
the minimum required changes in existing data systems to
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Department of Health
increase compatibility and comparability, reduce duplication,
and to increase the usefulness of data collected by these agencies in developing more accurate descriptions of violence.
[1995 c 399 § 76; 1994 sp.s. c 7 § 201.]
Legislative finding and intent—1994 sp.s. c 7: "The legislature finds
that the increasing violence in our society causes great concern for the immediate health and safety of our citizens and our social institutions. Youth violence is increasing at an alarming rate and young people between the ages of
fifteen and twenty-four are at the highest risk of being perpetrators and victims of violence. Additionally, random violence, including homicide and the
use of firearms, has dramatically increased over the last decade.
The legislature finds that violence is abhorrent to the aims of a free
society and that it cannot be tolerated. State efforts at reducing violence must
include changes in criminal penalties, reducing the unlawful use of and
access to firearms, increasing educational efforts to encourage nonviolent
means for resolving conflicts, and allowing communities to design their prevention efforts.
The legislature finds that the problem of violence can be addressed
with many of the same approaches that public health programs have used to
control other problems such as infectious disease, tobacco use, and traffic
fatalities.
Addressing the problem of violence requires the concerted effort of all
communities and all parts of state and local governments. It is the immediate
purpose of chapter 7, Laws of 1994 sp. sess. to: (1) Prevent acts of violence
by encouraging change in social norms and individual behaviors that have
been shown to increase the risk of violence; (2) reduce the rate of at-risk children and youth, as defined in *RCW 70.190.010; (3) increase the severity
and certainty of punishment for youth and adults who commit violent acts;
(4) reduce the severity of harm to individuals when violence occurs; (5)
empower communities to focus their concerns and allow them to control the
funds dedicated to empirically supported preventive efforts in their region;
and (6) reduce the fiscal and social impact of violence on our society." [1994
sp.s. c 7 § 101.]
*Reviser's note: The governor vetoed 1994 sp.s. c 7 § 302, which
amended RCW 70.190.010 to define "at-risk children and youth." RCW
70.190.010 was subsequently amended by 1996 c 132 § 2, which now
includes a definition for "at-risk children."
Severability—1994 sp.s. c 7: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1994 sp.s. c 7 § 913.]
Effective dates—Contingent expiration date—1994 sp.s. c 7: "(1)
Sections 201 through 204, 302, 323, 411, 412, 417, and 418 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [April 6, 1994].
(2) Sections 904 through 908 of this act shall take effect July 1, 1995.
*(3) Notwithstanding other provisions of this section, if sections 901
through 909 of this act are referred to the voters at the next succeeding general election and sections 901 through 909 of this act are rejected by the voters, then the amendments by sections 510 through 512, 519, 521, 525, and
527 of this act shall expire on July 1, 1995." [1994 sp.s. c 7 § 915 (Referendum Bill No. 43, subsection (3) approved November 8, 1994).]
*Reviser's note: Sections 901 through 909, chapter 7, Laws of 1994 sp.
sess. were approved and ratified by the voters on November 8, 1994, in Referendum Bill No. 43. Therefore, the amendments to sections 510 through
512, 519, 521, 525, and 527, chapter 7, Laws of 1994 sp. sess. do not expire
on July 1, 1995.
43.70.545
43.70.545 Data collection and reporting rules. (1)
The department of health shall develop, based on recommendations in the public health services improvement plan and in
consultation with affected groups or agencies, comprehensive rules for the collection and reporting of data relating to
acts of violence, at-risk behaviors, and risk and protective
factors. The data collection and reporting rules shall be used
by any public or private entity that is required to report data
relating to these behaviors and conditions. The department
may require any agency or program that is state-funded or
that accepts state funds and any licensed or regulated person
(2004 Ed.)
43.70.550
or professional to report these behaviors and conditions. To
the extent possible the department shall require the reports to
be filed through existing data systems. The department may
also require reporting of attempted acts of violence and of
nonphysical injuries. For the purposes of this section "acts of
violence" means self-directed and interpersonal behaviors
that can result in suicide, homicide, and nonfatal intentional
injuries. "At-risk behaviors," "protective factors," and "risk
factors" have the same meanings as provided in RCW
70.190.010. A copy of the data used by a school district to
prepare and submit a report to the department shall be
retained by the district and, in the copy retained by the district, identify the reported acts or behaviors by school site.
(2) The department is designated as the statewide agency
for the coordination of all information relating to violence
and other intentional injuries, at-risk behaviors, and risk and
protective factors.
(3) The department shall provide necessary data to the
local health departments for use in planning by or evaluation
of any community network authorized under RCW
70.190.060.
(4) The department shall by rule establish requirements
for local health departments to perform assessment related to
at-risk behaviors and risk and protective factors and to assist
community networks in policy development and in planning
and other duties under chapter 7, Laws of 1994 sp. sess.
(5) The department may, consistent with its general
authority and directives under RCW 43.70.540 through
43.70.560, contract with a college or university that has experience in data collection relating to the health and overall welfare of children to provide assistance to:
(a) State and local health departments in developing new
sources of data to track acts of violence, at-risk behaviors,
and risk and protective factors; and
(b) Local health departments to compile and effectively
communicate data in their communities. [1998 c 245 § 76;
1994 sp.s. c 7 § 202.]
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
43.70.550
43.70.550 Public health services improvement plan—
Contents. The public health services improvement plan
developed under RCW 43.70.520 shall include:
(1) Minimum standards for state and local public health
assessment, performance measurement, policy development,
and assurance regarding social development to reduce at-risk
behaviors and risk and protective factors. The department in
the development of data collection and reporting requirements for the superintendent of public instruction, schools,
and school districts shall consult with the joint select committee on education restructuring and local school districts.
(2)(a) Measurable risk factors that are empirically linked
to violent criminal acts by juveniles, teen substance abuse,
teen pregnancy and male parentage, teen suicide attempts,
dropping out of school, child abuse or neglect, and domestic
violence; and
(b) An evaluation of other factors to determine whether
they are empirically related risk factors, such as: Out-ofhome placements, poverty, single-parent households, inadequate nutrition, hunger, unemployment, lack of job skills,
gang affiliation, lack of recreational or cultural opportunities,
[Title 43 RCW—page 335]
43.70.555
Title 43 RCW: State Government—Executive
school absenteeism, court-ordered parenting plans, physical,
emotional, or behavioral problems requiring special needs
assistance in K-12 schools, learning disabilities, and any
other possible factors.
(3) Data collection and analysis standards on at-risk
behaviors and risk and protective factors for use by the local
public health departments and the *state council and the local
community networks to ensure consistent and interchangeable data.
(4) Recommendations regarding any state or federal statutory barriers affecting data collection or reporting.
The department shall provide an annual report to the
Washington state institute for public policy on the implementation of this section. [1994 sp.s. c 7 § 203.]
*Reviser's note: RCW 70.170.030, which created the health care
access and cost control council, was repealed by 1995 c 269 § 2204, effective
July 1, 1995.
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
43.70.555 Assessment standards. The department, in
consultation with the family policy council created in chapter
70.190 RCW, shall establish, by rule, standards for local
health departments and networks to use in assessment, performance measurement, policy development, and assurance
regarding social development to prevent health problems
caused by risk factors empirically linked to: Violent criminal
acts by juveniles, teen substance abuse, teen pregnancy and
male parentage, teen suicide attempts, dropping out of
school, child abuse or neglect, and domestic violence. The
standards shall be based on the standards set forth in the public health services improvement plan as required by RCW
43.70.550. [1998 c 245 § 77; 1994 sp.s. c 7 § 204.]
43.70.555
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
43.70.560
43.70.560 Media violence—Reporting reduction
efforts. The legislature encourages the use of a statewide
voluntary, socially responsible policy to reduce the emphasis,
amount, and type of violence in all public media. The department shall develop a suggested reporting format for use by
the print, television, and radio media in reporting their voluntary violence reduction efforts. Each area of the public media
may carry out the policy in whatever manner that area deems
appropriate. [1994 sp.s. c 7 § 205.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
43.70.575
43.70.575 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 43.70.570 through 43.70.580.
(1) "Capacity" means actions that public health jurisdictions must do as part of ongoing daily operations to adequately protect and promote health and prevent disease,
injury, and premature death. The public health improvement
plan identifies capacity necessary for assessment, policy
development, administration, prevention, including promotion and protection, and access and quality.
(2) "Department" means the department of health.
(3) "Local health jurisdiction" means the local health
agency, either county or multicounty, operated by local government, with oversight and direction from a local board of
health, that provides public health services throughout a
defined geographic area.
(4) "Health outcomes" means long-term objectives that
define optimal, measurable, future levels of health status,
maximum acceptable levels of disease, injury, or dysfunction, or prevalence of risk factors in areas such as improving
the rate of immunizations for infants and children to ninety
percent and controlling and reducing the spread of tuberculosis and that are stated in the public health improvement plan.
(5) "Public health improvement plan," also known as the
public health services improvement plan, means the public
health services improvement plan established under RCW
43.70.520, developed by the department, in consultation with
local health departments and districts, the state board of
health, the health services commission, area Indian health
services, and other state agencies, health services providers,
and residents concerned about public health, to provide a
detailed accounting of deficits in the core functions of assessment, policy development, and assurance of the current public health system, how additional public health funding would
be used, and to describe the benefits expected from expanded
expenditures.
(6) "Public health" means activities that society does collectively to assure the conditions in which people can be
healthy. This includes organized community efforts to prevent, identify, preempt, and counter threats to the public's
health.
(7) "Public health system" means the department, the
state board of health, and local health jurisdictions. [1995 c
43 § 2.]
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
43.70.570
43.70.570 Intent—1995 c 43. The legislature declares
its intent to implement the recommendations of the public
health improvement plan by initiating a program to provide
the public health system with the necessary capacity to
improve the health outcomes of the population of Washington state and establishing the methodology by which
improvement in the health outcomes and delivery of public
health activities will be assessed. [1995 c 43 § 1.]
Severability—1995 c 43: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1995 c 43 § 14.]
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
[Title 43 RCW—page 336]
43.70.580
43.70.580 Public health improvement plan—
Funds—Performance-based contracts—Rules—Evaluation and report. The primary responsibility of the public
health system, is to take those actions necessary to protect,
promote, and improve the health of the population. In order to
accomplish this, the department shall:
(1) Identify, as part of the public health improvement
plan, the key health outcomes sought for the population and
the capacity needed by the public health system to fulfill its
responsibilities in improving health outcomes.
(2)(a) Distribute state funds that, in conjunction with
local revenues, are intended to improve the capacity of the
public health system. The distribution methodology shall
(2004 Ed.)
Department of Health
encourage system-wide effectiveness and efficiency and provide local health jurisdictions with the flexibility both to
determine governance structures and address their unique
needs.
(b) Enter into with each local health jurisdiction performance-based contracts that establish clear measures of the
degree to which the local health jurisdiction is attaining the
capacity necessary to improve health outcomes. The contracts negotiated between the local health jurisdictions and
the department of health must identify the specific measurable progress that local health jurisdictions will make toward
achieving health outcomes. A community assessment conducted by the local health jurisdiction according to the public
health improvement plan, which shall include the results of
the comprehensive plan prepared according to RCW
70.190.130, will be used as the basis for identifying the
health outcomes. The contracts shall include provisions to
encourage collaboration among local health jurisdictions.
State funds shall be used solely to expand and complement,
but not to supplant city and county government support for
public health programs.
(3) Develop criteria to assess the degree to which capacity is being achieved and ensure compliance by public health
jurisdictions.
(4) Adopt rules necessary to carry out the purposes of
chapter 43, Laws of 1995.
(5) Biennially, within the public health improvement
plan, evaluate the effectiveness of the public health system,
assess the degree to which the public health system is attaining the capacity to improve the status of the public's health,
and report progress made by each local health jurisdiction
toward improving health outcomes. [1995 c 43 § 3.]
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
43.70.590
43.70.590 American Indian health care delivery plan. Consistent
with funds appropriated specifically for this purpose, the department shall
establish in conjunction with the area Indian health services system and providers an advisory group comprised of Indian and non-Indian health care
facilities and providers to formulate an American Indian health care delivery
plan. The plan shall include:
(1) Recommendations to providers and facilities methods for coordinating and joint venturing with the Indian health services for service delivery;
(2) Methods to improve American Indian-specific health programming; and
(3) Creation of co-funding recommendations and opportunities for the
unmet health services programming needs of American Indians. [1995 c 43
§ 4; 1993 c 492 § 468. Formerly RCW 41.05.240.]
Reviser's note: RCW 41.05.240 was amended and recodified as RCW
43.70.590 by 1995 c 43 without cognizance of the repeal by 1995 1st sp.s. c
6 § 9. For rule of construction concerning sections amended and repealed in
the same legislative session, see RCW 1.12.025.
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
Findings—Intent—1993 c 492: See notes following RCW 43.72.005.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
43.70.600
43.70.600 Survey regarding exposure to radio frequencies—Results. When funds are appropriated for this
(2004 Ed.)
43.70.620
purpose, the department shall conduct a survey of scientific
literature regarding the possible health effects of human
exposure to the radio frequency part of the electromagnetic
spectrum (300Hz to 300GHz). The department may submit
the survey results to the legislature, prepare a summary of
that survey, and make the summary available to the public.
The department may update the survey and summary periodically. [1998 c 245 § 78; 1996 c 323 § 6.]
Findings—1996 c 323: "The legislature finds that concerns have been
raised over possible health effects from exposure to some wireless telecommunications facilities, and that exposures from these facilities should be kept
as low as reasonably achievable while still allowing the operation of these
networks. The legislature further finds that the department of health should
serve as the state agency that follows the issues and compiles information
pertaining to potential health effects from wireless telecommunications facilities." [1996 c 323 § 1.]
43.70.605
43.70.605 Personal wireless services—Random testing on power density analysis—Rules. Unless this section
is preempted by applicable federal statutes, the department
may require that in residential zones or areas, all providers of
personal wireless services, as defined in *section 1 of this act,
provide random test results on power density analysis for the
provider's licensed frequencies showing radio frequency levels before and after development of the personal wireless service antenna facilities, following national standards or protocols of the federal communications commission or other federal agencies. This section shall not apply to microcells as
defined in RCW 80.36.375. The department may adopt rules
to implement this section. [1996 c 323 § 7.]
*Reviser's note: The reference to section 1 of this act is erroneous. Section 2 of the act, codified as RCW 43.21C.0384, was apparently intended.
Findings—1996 c 323: See note following RCW 43.70.600.
43.70.610
43.70.610 Domestic violence education program—
Established—Findings. The legislature finds that domestic
violence is the leading cause of injury among women and is
linked to numerous health problems, including depression,
abuse of alcohol and other drugs, and suicide. Despite the frequency of medical attention, few people are diagnosed as victims of spousal abuse. The department, in consultation with
the disciplinary authorities as defined in RCW 18.130.040,
shall establish, within available department general funds, an
ongoing domestic violence education program as an integral
part of its health professions regulation. The purpose of the
education program is to raise awareness and educate health
care professionals regarding the identification, appropriate
treatment, and appropriate referral of victims of domestic
violence. The disciplinary authorities having the authority to
offer continuing education may provide training in the
dynamics of domestic violence. No funds from the health
professions account may be utilized to fund activities under
this section unless the disciplinary authority authorizes
expenditures from its proportions of the account. A disciplinary authority may defray costs by authorizing a fee to be
charged for participants or materials relating to any sponsored program. [1996 c 191 § 89.]
43.70.620
43.70.620 List of contacts—Health care professions.
The secretary shall create and maintain a list of contacts with
each of the health care professions regulated under the following chapters for the purpose of policy advice and infor[Title 43 RCW—page 337]
43.70.630
Title 43 RCW: State Government—Executive
mation dissemination: RCW 18.06.080, 18.89.050, and
18.138.070 and chapters 18.135, 18.55, and 18.88A RCW.
[1999 c 151 § 402.]
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
43.70.630
43.70.630 Cost-reimbursement agreements. (1) The
department may enter into a written cost-reimbursement
agreement with a permit applicant to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the
requirements of other relevant laws, as they relate to permit
coordination, environmental review, application review,
technical studies, and permit processing. The cost-reimbursement agreement shall identify the specific tasks, costs,
and schedule for work to be conducted under the agreement.
(2) The written cost-reimbursement agreement shall be
negotiated with the permit applicant. Under the provisions of
a cost-reimbursement agreement, funds from the applicant
shall be used by the department to contract with an independent consultant to carry out the work covered by the costreimbursement agreement. The department may also use
funds provided under a cost-reimbursement agreement to
assign current staff to review the work of the consultant, to
provide necessary technical assistance when an independent
consultant with comparable technical skills is unavailable,
and to recover reasonable and necessary direct and indirect
costs that arise from processing the permit. The department
shall, in developing the agreement, ensure that final decisions
that involve policy matters are made by the agency and not by
the consultant. The department shall make an estimate of the
number of permanent staff hours to process the permits, and
shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The
billing process shall provide for accurate time and cost
accounting and may include a billing cycle that provides for
progress payments. Use of cost-reimbursement agreements
shall not reduce the current level of staff available to work on
permits not covered by cost-reimbursement agreements. The
department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The
restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a
cost-reimbursement agreement.
(3) The department may not enter into any new costreimbursement agreements on or after July 1, 2007. The
department may continue to administer any cost-reimbursement agreement that was entered into before July 1, 2007,
until the project is completed. [2003 c 70 § 3; 2000 c 251 §
4.]
Intent—Captions not law—Effective date—2000 c 251: See notes
following RCW 43.21A.690.
43.70.640
43.70.640 Workplace breastfeeding policies—Infantfriendly designation. (1) An employer may use the designation "infant-friendly" on its promotional materials if the
employer has an approved workplace breastfeeding policy
addressing at least the following:
(a) Flexible work scheduling, including scheduling
breaks and permitting work patterns that provide time for
expression of breast milk;
[Title 43 RCW—page 338]
(b) A convenient, sanitary, safe, and private location,
other than a restroom, allowing privacy for breastfeeding or
expressing breast milk;
(c) A convenient clean and safe water source with facilities for washing hands and rinsing breast-pumping equipment
located in the private location specified in (b) of this subsection; and
(d) A convenient hygienic refrigerator in the workplace
for the mother's breast milk.
(2) Employers seeking approval of a workplace breastfeeding policy must submit the policy to the department of
health. The department of health shall review and approve
those policies that meet the requirements of this section. The
department may directly develop and implement the criteria
for "infant-friendly" employers, or contract with a vendor for
this purpose.
(3) For the purposes of this section, "employer" includes
those employers defined in RCW 49.12.005 and also includes
the state, state institutions, state agencies, political subdivisions of the state, and municipal corporations or quasi-municipal corporations. [2001 c 88 § 3.]
Acknowledgment—Declaration—Findings—2001 c 88: "(1) The
legislature acknowledges the surgeon general's summons to all sectors of
society and government to help redress the low breastfeeding rates and duration in the United States, including the social and workplace factors that can
make it difficult for women to breastfeed. The legislature also acknowledges
the surgeon general's report on the health and economic importance of
breastfeeding which concludes that:
(a) Breastfeeding is one of the most important contributors to infant
health;
(b) Breastfeeding provides a range of benefits for the infant's growth,
immunity, and development; and
(c) Breastfeeding improves maternal health and contributes economic
benefits to the family, health care system, and workplace.
(2) The legislature declares that the achievement of optimal infant and
child health, growth, and development requires protection and support for
the practice of breastfeeding. The legislature finds that:
(a) The American academy of pediatrics recommends exclusive breastfeeding for the first six months of a child's life and breastfeeding with the
addition of solid foods to continue for at least twelve months, and that
arrangements be made to provide expressed breast milk if the mother and
child must separate during the first year. Children should be breastfed or fed
expressed breast milk when they show signs of need, rather than according
to a set schedule or the location;
(b) Breast milk contains all the nutrients a child needs for optimal
health, growth, and development, many of which can only be found in breast
milk;
(c) Research in developed countries provides strong evidence that
breastfeeding decreases the incidence and/or severity of diarrhea, lower respiratory tract infection, otitis media, bacteremia, bacterial meningitis, urinary tract infection, and necrotizing enterocolitis. In addition, a number of
studies show a possible protective effect of breastfeeding against SIDS, Type
I diabetes mellitus, Crohn's disease, lymphoma, ulcerative colitis, and allergic diseases;
(d) Studies also indicate health benefits in mothers who breastfeed.
Breastfeeding is one of the few ways that mothers may be able to lower their
risk of developing breast and ovarian cancer, with benefits proportional to
the duration that they are able to breastfeed. In addition, the maternal hormonal changes stimulated by breastfeeding also help the uterus recover
faster and minimize the amount of blood mothers lose after birth. Breastfeeding inhibits ovulation and menstrual bleeding, thereby decreasing the risk of
anemia and a precipitous subsequent pregnancy. Breastfeeding women also
have an earlier return to prepregnancy weight;
(e) Approximately two-thirds of women who are employed when they
become pregnant return to the work force by the time their children are six
months old;
(f) Employers benefit when their employees breastfeed. Breastfed
infants are sick less often; therefore, maternal absenteeism from work is
lower in companies with established lactation programs. In addition,
employee medical costs are lower and employee productivity is higher;
(2004 Ed.)
Department of Health
(g) According to a survey of mothers in Washington, most want to
breastfeed but discontinue sooner than they hope, citing lack of societal and
workplace support as key factors limiting their ability to breastfeed;
(h) Many mothers fear that they are not making enough breast milk and
therefore decrease or discontinue breastfeeding. Frequency of breastfeeding
or expressing breast milk is the main regulator of milk supply, such that forcing mothers to go prolonged periods without breastfeeding or expressing
breast milk can undermine their ability to maintain breastfeeding; and
(i) Maternal stress can physiologically inhibit a mother's ability to produce and let down milk. Mothers report modifiable sources of stress related
to breastfeeding, including lack of protection from harassment and difficulty
finding time and an appropriate location to express milk while away from
their babies.
(3) The legislature encourages state and local governmental agencies,
and private and public sector businesses to consider the benefits of providing
convenient, sanitary, safe, and private rooms for mothers to express breast
milk." [2001 c 88 § 1.]
43.70.650
43.70.650 School sealant endorsement program—
Rules—Fee—Report to the legislature. The secretary is
authorized to create a school sealant endorsement program
for dental hygienists and dental assistants. The secretary of
health, in consultation with the dental quality assurance commission and the dental hygiene examining committee, shall
adopt rules to implement this section.
(1) A dental hygienist licensed in this state after April 19,
2001, is eligible to apply for endorsement by the department
of health as a school sealant dental hygienist upon completion of the Washington state school sealant endorsement program. While otherwise authorized to act, currently licensed
hygienists may still elect to apply for the endorsement.
(2) A dental assistant employed after April 19, 2001, by
a dentist licensed in this state, who has worked under dental
supervision for at least two hundred hours, is eligible to apply
for endorsement by the department of health as a school sealant dental assistant upon completion of the Washington state
school sealant endorsement program. While otherwise authorized to act, currently employed dental assistants may still
elect to apply for the endorsement.
(3) The department may impose a fee for implementation
of this section.
(4) The secretary shall provide a report to the legislature
by December 1, 2005, evaluating the outcome of chapter 93,
Laws of 2001. [2001 c 93 § 2.]
Findings—Intent—2001 c 93: "The legislature finds that access to
preventive and restorative oral health services by low-income children is
currently restricted by complex regulatory, financial, cultural, and geographic barriers that have resulted in a large number of children suffering
unnecessarily from dental disease. The legislature also finds that very early
exposure to oral health care can reverse this disease in many cases, thereby
significantly reducing costs of providing dental services to low-income populations.
It is the intent of the legislature to address the problem of poor access
to oral health care by providing for school-based sealant programs through
the endorsement of dental hygienists." [2001 c 93 § 1.]
Effective date—2001 c 93: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 19, 2001]." [2001 c 93 § 5.]
43.70.660
43.70.660 Product safety education. (1) The legislature authorizes the secretary to establish and maintain a product safety education campaign to promote greater awareness
of products designed to be used by infants and children,
excluding toys, that:
(2004 Ed.)
43.70.670
(a) Are recalled by the United States consumer products
safety commission;
(b) Do not meet federal safety regulations and voluntary
safety standards; or
(c) Are unsafe or illegal to place into the stream of commerce under the infant crib safety act, chapter 70.111 RCW.
(2) The department shall make reasonable efforts to
ensure that this infant and children product safety education
campaign reaches the target population. The target population for this campaign includes, but is not limited to, parents,
foster parents and other caregivers, child care providers, consignment and resale stores selling infant and child products,
and charitable and governmental entities serving infants,
children, and families.
(3) The secretary may utilize a combination of methods
to achieve this outreach and education goal, including but not
limited to print and electronic media. The secretary may
operate the campaign or may contract with a vendor.
(4) The department shall coordinate this infant and children product safety education campaign with child-serving
entities including, but not limited to, hospitals, birthing centers, midwives, pediatricians, obstetricians, family practice
physicians, governmental and private entities serving infants,
children, and families, and relevant manufacturers.
(5) The department shall coordinate with other agencies
and entities to eliminate duplication of effort in disseminating
infant and children consumer product safety information.
(6) The department may receive funding for this infant
and children product safety education effort from federal,
state, and local governmental entities, child-serving foundations, or other private sources. [2001 c 257 § 2.]
Findings—Intent—2001 c 257: "(1) The legislature finds that infants
and children in Washington are injured, sometimes fatally, by unsafe consumer products designed for use by infants and children.
(2) The legislature finds that parents and other persons responsible for
the care of infants and children are often unaware that some of these consumer products have been recalled or are unsafe.
(3) The legislature intends to address this lack of awareness by establishing a statewide infant and children product safety campaign across
Washington state." [2001 c 257 § 1.]
43.70.670
43.70.670 Human immunodeficiency virus insurance
program. (1) "Human immunodeficiency virus insurance
program," as used in this section, means a program that provides health insurance coverage for individuals with human
immunodeficiency virus, as defined in RCW 70.24.017(7),
who are not eligible for medical assistance programs from the
department of social and health services as defined in RCW
74.09.010(8) and meet eligibility requirements established by
the department of health.
(2) The department of health may pay for health insurance coverage on behalf of persons with human immunodeficiency virus, who meet department eligibility requirements,
and who are eligible for "continuation coverage" as provided
by the federal consolidated omnibus budget reconciliation act
of 1985, group health insurance policies, or individual policies. The number of insurance policies supported by this program in the Washington state health insurance pool as
defined in RCW 48.41.030(18) shall not grow beyond the
July 1, 2003, level. [2003 c 274 § 2.]
Rules—2003 c 274: "The department of health shall adopt rules to
implement this act." [2003 c 274 § 3.]
[Title 43 RCW—page 339]
43.70.680
Title 43 RCW: State Government—Executive
Effective date—2003 c 274: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 274 § 4.]
43.70.680
43.70.680 Volunteers for emergency or disaster assistance. (1) The department is authorized to contact persons
issued credentials under this title for the purpose of requesting permission to collect his or her name, profession, and
contact information as a possible volunteer in the event of a
bioterrorism incident, natural disaster, public health emergency, or other emergency or disaster, as defined in RCW
38.52.010, that requires the services of health care providers.
(2) The department shall maintain a record of all volunteers who provide information under subsection (1) of this
section. Upon request, the department shall provide the
record of volunteers to:
(a) Local health departments;
(b) State agencies engaged in public health emergency
planning and response, including the state military department;
(c) Agencies of other states responsible for public health
emergency planning and response; and
(d) The centers for disease control and prevention. [2003
c 384 § 1.]
43.70.900
43.70.900 References to the secretary or department
of social and health services—1989 1st ex.s. c 9. All references to the secretary or department of social and health services in the Revised Code of Washington shall be construed
to mean the secretary or department of health when referring
to the functions transferred in RCW 43.70.080, *15.36.005,
18.104.005, 19.32.005, **28A.210.005, 43.83B.005,
43.99D.005, 43.99E.005, ***70.05.005, 70.08.005,
***70.12.005, 70.22.005, 70.24.005, 70.40.005, 70.41.005,
and 70.54.005. [1990 c 33 § 580; 1989 1st ex.s. c 9 § 801.]
Reviser's note: *(1) RCW 15.36.005 was recodified as RCW
15.36.471 pursuant to 1994 c 143 § 514.
**(2) RCW 28A.210.005 was repealed by 1995 c 335 § 307.
***(3) RCW 70.05.005 and 70.12.005 were repealed by 1993 c 492 §
257, effective July 1, 1995.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
43.70.901
43.70.901 References to the director or department
of licensing—1989 1st ex.s. c 9. All references to the director of licensing or department of licensing in the Revised
Code of Washington shall be construed to mean the secretary
or department of health when referring to the functions transferred in RCW 43.70.220. [1989 1st ex.s. c 9 § 802.]
43.70.902
43.70.902 References to the hospital commission—
1989 1st ex.s. c 9. All references to the hospital commission
in the Revised Code of Washington shall be construed to
mean the secretary or the department of health. [1989 1st
ex.s. c 9 § 803.]
43.70.920
43.70.920 Severability—1989 1st ex.s. c 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1989 1st ex.s. c 9 § 826.]
Chapter 43.72 RCW
HEALTH SYSTEM REFORM—HEALTH
SERVICES COMMISSION
Chapter 43.72
Sections
43.72.011
43.72.090
43.72.180
43.72.300
43.72.310
43.72.860
43.72.900
43.72.902
43.72.904
43.72.906
43.72.910
43.72.911
43.72.912
43.72.913
43.72.914
43.72.915
43.72.916
Definitions.
Uniform or supplemental benefits—Provision by certified
health plan only—Uniform benefits package as minimum.
Legislative approval—Uniform benefits package and medical
risk adjustment mechanisms.
Managed competition—Findings and intent.
Managed competition—Competitive oversight—Attorney
general duties—Anti-trust immunity—Fees.
Managed care pilot projects.
Health services account.
Public health services account.
Health system capacity account.
Personal health services account.
Short title—1993 c 492.
Severability—1993 c 492.
Savings—1993 c 492.
Captions not law—1993 c 492.
Reservation of legislative power—1993 c 492.
Effective dates—1993 c 492.
Effective date—1993 c 494.
43.72.011
43.72.011 Definitions. As used in this chapter, "health
carrier," "health care provider," "provider," "health plan,"
and "health care facility" have the same meaning as provided
in RCW 48.43.005. [1997 c 274 § 5.]
Effective date—1997 c 274: See note following RCW 41.05.021.
43.72.090
43.72.090 Uniform or supplemental benefits—Provision by certified health plan only—Uniform benefits package as minimum. (1) On
and after December 31, 1995, no person or entity in this state shall provide
the uniform benefits package and supplemental benefits as defined in *RCW
43.72.010 without being certified as a certified health plan by the insurance
commissioner.
(2) On and after December 31, 1995, no certified health plan may offer
less than the uniform benefits package to residents of this state and no registered employer health plan may provide less than the uniform benefits package to its employees and their dependents.
(3) The health services commission may authorize renewal or continuation until December 31, 1996, of health care service contracts, disability
group insurance, or health maintenance policies in effect on December 31,
1995. [1995 c 2 § 1; 1993 c 492 § 427.]
Reviser's note: *(1) RCW 43.72.010 was repealed by 1995 c 265 § 27,
effective July 1, 1995.
(2) RCW 43.72.090 was also repealed by 1995 c 265 § 27 without cognizance of its amendment by 1995 c 2 § 1. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW
1.12.025.
Effective date—1995 c 2: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[February 3, 1995]." [1995 c 2 § 5.]
Certification: Chapter 48.43 RCW.
43.70.910
43.70.910 Effective date—1989 1st ex.s. c 9. This act
is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government
and its existing public institutions, and shall take effect July
1, 1989. [1989 1st ex.s. c 9 § 825.]
[Title 43 RCW—page 340]
43.72.090
43.72.090 Uniform or supplemental benefits—Provision by certified health plan only—Uniform benefits package as minimum. [1993 c
492 § 427.] Repealed by 1995 c 265 § 27, effective July 1, 1995.
Reviser's note: RCW 43.72.090 was also amended by 1995 c 2 § 1
without cognizance of its repeal by 1995 c 265 § 27. For rule of construction
(2004 Ed.)
Health System Reform—Health Services Commission
concerning sections amended and repealed in the same legislative session,
see RCW 1.12.025.
43.72.180
43.72.180 Legislative approval—Uniform benefits package and
medical risk adjustment mechanisms. The legislature may disapprove of
the uniform benefits package developed under *RCW 43.72.130 and medical risk adjustment mechanisms developed under **RCW 43.72.040(7) by
an act of law at any time prior to the last day of the following regular legislative session. If such disapproval action is taken, the commission shall
resubmit a modified package to the legislature within fifteen days of the disapproval. If the legislature does not disapprove or modify the package by an
act of law by the end of that regular session, the package is deemed
approved. [1995 c 2 § 2; 1993 c 492 § 454.]
Reviser's note: *(1) RCW 43.72.130 was repealed by 1995 c 265 § 27,
effective July 1, 1995.
**(2) RCW 43.72.040 was repealed by 1995 c 265 § 27, effective July
1, 1995.
(3) RCW 43.72.180 was also repealed by 1995 c 265 § 27 without cognizance of its amendment by 1995 c 2 § 2. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW
1.12.025.
Effective date—1995 c 2: See note following RCW 43.72.090.
43.72.180
43.72.180 Legislative approval—Uniform benefits package and
medical risk adjustment mechanisms. [1993 c 492 § 454.] Repealed by
1995 c 265 § 27, effective July 1, 1995.
Reviser's note: RCW 43.72.180 was also amended by 1995 c 2 § 2
without cognizance of its repeal by 1995 c 265 § 27. For rule of construction
concerning sections amended and repealed in the same legislative session,
see RCW 1.12.025.
43.72.300
43.72.300 Managed competition—Findings and
intent. (1) The legislature recognizes that competition
among health care providers, facilities, payers, and purchasers will yield the best allocation of health care resources, the
lowest prices for health care services, and the highest quality
of health care when there exists a large number of buyers and
sellers, easily comparable health plans and services, minimal
barriers to entry and exit into the health care market, and adequate information for buyers and sellers to base purchasing
and production decisions. However, the legislature finds that
purchasers of health care services and health care coverage
do not have adequate information upon which to base purchasing decisions; that health care facilities and providers of
health care services face legal and market disincentives to
develop economies of scale or to provide the most cost-efficient and efficacious service; that health insurers, contractors,
and health maintenance organizations face market disincentives in providing health care coverage to those Washington
residents with the most need for health care coverage; and
that potential competitors in the provision of health care coverage bear unequal burdens in entering the market for health
care coverage.
(2) The legislature therefore intends to exempt from state
anti-trust laws, and to provide immunity from federal antitrust laws through the state action doctrine for activities
approved under this chapter that might otherwise be constrained by such laws and intends to displace competition in
the health care market: To contain the aggregate cost of
health care services; to promote the development of comprehensive, integrated, and cost-effective health care delivery
systems through cooperative activities among health care
providers and facilities; to promote comparability of health
care coverage; to improve the cost-effectiveness in providing
health care coverage relative to health promotion, disease
(2004 Ed.)
43.72.310
prevention, and the amelioration or cure of illness; to assure
universal access to a publicly determined, uniform package
of health care benefits; and to create reasonable equity in the
distribution of funds, treatment, and medical risk among purchasers of health care coverage, payers of health care services, providers of health care services, health care facilities,
and Washington residents. To these ends, any lawful action
taken pursuant to chapter 492, Laws of 1993 by any person or
entity created or regulated by chapter 492, Laws of 1993 are
declared to be taken pursuant to state statute and in furtherance of the public purposes of the state of Washington.
(3) The legislature does not intend and unless explicitly
permitted in accordance with RCW 43.72.310 or under rules
adopted pursuant to chapter 492, Laws of 1993, does not
authorize any person or entity to engage in activities or to
conspire to engage in activities that would constitute per se
violations of state and federal anti-trust laws including but
not limited to conspiracies or agreements:
(a) Among competing health care providers not to grant
discounts, not to provide services, or to fix the price of their
services;
(b) Among health carriers as to the price or level of reimbursement for health care services;
(c) Among health carriers to boycott a group or class of
health care service providers;
(d) Among purchasers of health plan coverage to boycott
a particular plan or class of plans;
(e) Among health carriers to divide the market for health
care coverage; or
(f) Among health carriers and purchasers to attract or
discourage enrollment of any Washington resident or groups
of residents in a health plan based upon the perceived or
actual risk of loss in including such resident or group of residents in a health plan or purchasing group. [1997 c 274 § 6;
1993 c 492 § 447.]
Effective date—1997 c 274: See note following RCW 41.05.021.
43.72.310
43.72.310 Managed competition—Competitive oversight—Attorney general duties—Anti-trust immunity—
Fees. (1) A health carrier, health care facility, health care
provider, or other person involved in the development, delivery, or marketing of health care or health plans may request,
in writing, that the department of health obtain an informal
opinion from the attorney general as to whether particular
conduct is authorized by chapter 492, Laws of 1993. Trade
secret or proprietary information contained in a request for
informal opinion shall be identified as such and shall not be
disclosed other than to an authorized employee of the department of health or attorney general without the consent of the
party making the request, except that information in summary
or aggregate form and market share data may be contained in
the informal opinion issued by the attorney general. The
attorney general shall issue such opinion within thirty days of
receipt of a written request for an opinion or within thirty
days of receipt of any additional information requested by the
attorney general necessary for rendering an opinion unless
extended by the attorney general for good cause shown. If the
attorney general concludes that such conduct is not authorized by chapter 492, Laws of 1993, the person or organization making the request may petition the department of health
[Title 43 RCW—page 341]
43.72.310
Title 43 RCW: State Government—Executive
for review and approval of such conduct in accordance with
subsection (3) of this section.
(2) After obtaining the written opinion of the attorney
general and consistent with such opinion, the department of
health:
(a) May authorize conduct by a health carrier, health care
facility, health care provider, or any other person that could
tend to lessen competition in the relevant market upon a
strong showing that the conduct is likely to achieve the policy
goals of chapter 492, Laws of 1993 and a more competitive
alternative is impractical;
(b) Shall adopt rules governing conduct among providers, health care facilities, and health carriers including rules
governing provider and facility contracts with health carriers,
rules governing the use of "most favored nation" clauses and
exclusive dealing clauses in such contracts, and rules providing that health carriers in rural areas contract with a sufficient
number and type of health care providers and facilities to
ensure consumer access to local health care services;
(c) Shall adopt rules permitting health care providers
within the service area of a plan to collectively negotiate the
terms and conditions of contracts with a health carrier including the ability of providers to meet and communicate for the
purposes of these negotiations;
(d) Shall adopt rules governing cooperative activities
among health care facilities and providers; and
(e) Effective July 1, 1997, in addition to the rule-making
authority granted to the department under this section, the
department shall have the authority to enforce and administer
rules previously adopted by the health services commission
and the health care policy board pursuant to RCW 43.72.310.
(3) A health carrier, health care facility, health care provider, or any other person involved in the development,
delivery, and marketing of health care services or health
plans may file a written petition with the department of health
requesting approval of conduct that could tend to lessen competition in the relevant market. Such petition shall be filed in
a form and manner prescribed by rule of the department of
health.
The department of health shall issue a written decision
approving or denying a petition filed under this section
within ninety days of receipt of a properly completed written
petition unless extended by the department of health for good
cause shown. The decision shall set forth findings as to benefits and disadvantages and conclusions as to whether the benefits outweigh the disadvantages.
(4) In authorizing conduct and adopting rules of conduct
under this section, the department of health with the advice of
the attorney general, shall consider the benefits of such conduct in furthering the goals of health care reform including
but not limited to:
(a) Enhancement of the quality of health services to consumers;
(b) Gains in cost efficiency of health services;
(c) Improvements in utilization of health services and
equipment;
(d) Avoidance of duplication of health services
resources; or
(e) And as to (b) and (c) of this subsection: (i) Facilitates
the exchange of information relating to performance expectations; (ii) simplifies the negotiation of delivery arrangements
[Title 43 RCW—page 342]
and relationships; and (iii) reduces the transactions costs on
the part of health carriers and providers in negotiating more
cost-effective delivery arrangements.
These benefits must outweigh disadvantages including
and not limited to:
(i) Reduced competition among health carriers, health
care providers, or health care facilities;
(ii) Adverse impact on quality, availability, or price of
health care services to consumers; or
(iii) The availability of arrangements less restrictive to
competition that achieve the same benefits.
(5) Conduct authorized by the department of health shall
be deemed taken pursuant to state statute and in the furtherance of the public purposes of the state of Washington.
(6) With the assistance of the attorney general's office,
the department of health shall actively supervise any conduct
authorized under this section to determine whether such conduct or rules permitting certain conduct should be continued
and whether a more competitive alternative is practical. The
department of health shall periodically review petitioned conduct through, at least, annual progress reports from petitioners, annual or more frequent reviews by the department of
health that evaluate whether the conduct is consistent with
the petition, and whether the benefits continue to outweigh
any disadvantages. If the department of health determines
that the likely benefits of any conduct approved through rule,
petition, or otherwise by the department of health no longer
outweigh the disadvantages attributable to potential reduction in competition, the department of health shall order a
modification or discontinuance of such conduct. Conduct
ordered discontinued by the department of health shall no
longer be deemed to be taken pursuant to state statute and in
the furtherance of the public purposes of the state of Washington.
(7) Nothing contained in chapter 492, Laws of 1993 is
intended to in any way limit the ability of rural hospital districts to enter into cooperative agreements and contracts pursuant to RCW 70.44.450 and chapter 39.34 RCW.
(8) The secretary of health shall from time to time establish fees to accompany the filing of a petition or a written
request to the department to obtain an opinion from the attorney general under this section and for the active supervision
of conduct approved under this section. Such fees may vary
according to the size of the transaction proposed in the petition or under active supervision. In setting such fees, the secretary shall consider that consumers and the public benefit
when activities meeting the standards of this section are permitted to proceed; the importance of assuring that persons
sponsoring beneficial activities are not foreclosed from filing
a petition under this section because of the fee; and the necessity to avoid a conflict, or the appearance of a conflict,
between the interests of the department and the public. The
total fee for a petition under this section, a written request to
the department to obtain an opinion from the attorney general, or a combination of both regarding the same conduct
shall not exceed the level that will defray the reasonable costs
the department and attorney general incur in considering a
petition and in no event shall be greater than twenty-five
thousand dollars. The fee for review of approved conduct
shall not exceed the level that will defray the reasonable costs
the department and attorney general incur in conducting such
(2004 Ed.)
Health System Reform—Health Services Commission
a review and in no event shall be greater than ten thousand
dollars per annum. The fees shall be fixed by rule adopted in
accordance with the provisions of the administrative procedure act, chapter 34.05 RCW, and shall be deposited in the
health professions account established in accordance with
RCW 43.70.320. [1997 c 274 § 7; 1995 c 267 § 8; 1993 c 492
§ 448.]
Effective date—1997 c 274: See note following RCW 41.05.021.
Captions not law—Severability—Effective dates—1995 c 267: See
notes following RCW 43.70.052.
43.72.860 Managed care pilot projects. (1) The
department of labor and industries, in consultation with the
workers' compensation advisory committee, may conduct
pilot projects to purchase medical services for injured workers through managed care arrangements. The projects shall
assess the effects of managed care on the cost and quality of,
and employer and employee satisfaction with, medical services provided to injured workers.
(2) The pilot projects may be limited to specific employers. The implementation of a pilot project shall be conditioned upon a participating employer and a majority of its
employees, or, if the employees are represented for collective
bargaining purposes, the exclusive bargaining representative,
voluntarily agreeing to the terms of the pilot. Unless the
project is terminated by the department, both the employer
and employees are bound by the project agreements for the
duration of the project.
(3) Solely for the purpose and duration of a pilot project,
the specific requirements of Title 51 RCW that are identified
by the department as otherwise prohibiting implementation
of the pilot project shall not apply to the participating
employers and employees to the extent necessary for conducting the project. Managed care arrangements for the pilot
projects may include the designation of doctors responsible
for the care delivered to injured workers participating in the
projects.
(4) The projects shall conclude no later than January 1,
1997. [1998 c 245 § 79; 1995 c 81 § 2; 1993 c 492 § 486.]
43.72.860
43.72.900 Health services account. (1) The health services account is created in the state treasury. Moneys in the
account may be spent only after appropriation. Subject to the
transfers described in subsection (3) of this section, moneys
in the account may be expended only for maintaining and
expanding health services access for low-income residents,
maintaining and expanding the public health system, maintaining and improving the capacity of the health care system,
containing health care costs, and the regulation, planning, and
administering of the health care system.
(2) Funds deposited into the health services account
under RCW 82.24.028 and 82.26.028 shall be used solely as
follows:
(a) Five million dollars for the state fiscal year beginning
July 1, 2002, and five million dollars for the state fiscal year
beginning July 1, 2003, shall be appropriated by the legislature for programs that effectively improve the health of lowincome persons, including efforts to reduce diseases and illnesses that harm low-income persons. The department of
health shall submit a report to the legislature on March 1,
2002, evaluating the cost-effectiveness of programs that
43.72.900
(2004 Ed.)
43.72.900
improve the health of low-income persons and address diseases and illnesses that disproportionately affect low-income
persons, and making recommendations to the legislature on
which of these programs could most effectively utilize the
funds appropriated under this subsection.
(b) Ten percent of the funds deposited into the health services account under RCW 82.24.028 and 82.26.028 remaining after the appropriation under (a) of this subsection shall
be transferred no less frequently than annually by the treasurer to the tobacco prevention and control account established by RCW 43.79.480. The funds transferred shall be
used exclusively for implementation of the Washington state
tobacco prevention and control plan and shall be used only to
supplement, and not supplant, funds in the tobacco prevention and control account as of January 1, 2001, however,
these funds may be used to replace funds appropriated by the
legislature for further implementation of the Washington
state tobacco prevention and control plan for the biennium
beginning July 1, 2001. For each state fiscal year beginning
on and after July 1, 2002, the legislature shall appropriate no
less than twenty-six million two hundred forty thousand dollars from the tobacco prevention and control account for
implementation of the Washington state tobacco prevention
and control plan.
(c) Because of its demonstrated effectiveness in improving the health of low-income persons and addressing illnesses
and diseases that harm low-income persons, the remainder of
the funds deposited into the health services account under
RCW 82.24.028 and 82.26.028 shall be appropriated solely
for Washington basic health plan enrollment as provided in
chapter 70.47 RCW. Funds appropriated under this subsection may be used to support outreach and enrollment activities only to the extent necessary to achieve the enrollment
goals described in this section.
(3) Prior to expenditure for the purposes described in
subsection (2) of this section, funds deposited into the health
services account under RCW 82.24.028 and 82.26.028 shall
first be transferred to the following accounts to ensure the
continued availability of previously dedicated revenues for
certain existing programs:
(a) To the violence reduction and drug enforcement
account under RCW 69.50.520, two million two hundred
forty-nine thousand five hundred dollars for the state fiscal
year beginning July 1, 2001, four million two hundred fortyeight thousand dollars for the state fiscal year beginning July
1, 2002, seven million seven hundred eighty-nine thousand
dollars for the biennium beginning July 1, 2003, six million
nine hundred thirty-two thousand dollars for the biennium
beginning July 1, 2005, and six million nine hundred thirtytwo thousand dollars for each biennium thereafter, as
required by RCW 82.24.020(2);
(b) To the health services account under this section,
nine million seventy-seven thousand dollars for the state fiscal year beginning July 1, 2001, seventeen million one hundred eighty-eight thousand dollars for the state fiscal year
beginning July 1, 2002, thirty-one million seven hundred
fifty-five thousand dollars for the biennium beginning July 1,
2003, twenty-eight million six hundred twenty-two thousand
dollars for the biennium beginning July 1, 2005, and twentyeight million six hundred twenty-two thousand dollars for
[Title 43 RCW—page 343]
43.72.902
Title 43 RCW: State Government—Executive
each biennium thereafter, as required by RCW 82.24.020(3);
and
(c) To the water quality account under RCW 70.146.030,
two million two hundred three thousand five hundred dollars
for the state fiscal year beginning July 1, 2001, four million
two hundred forty-four thousand dollars for the state fiscal
year beginning July 1, 2002, eight million one hundred
eighty-two thousand dollars for the biennium beginning July
1, 2003, seven million eight hundred eighty-five thousand
dollars for the biennium beginning July 1, 2005, and seven
million eight hundred eighty-five thousand dollars for each
biennium thereafter, as required by RCW 82.24.027(2)(a).
During the 2001-2003 fiscal biennium, the legislature
may transfer from the health services account such amounts
as reflect the excess fund balance of the account. [2003 c 259
§ 1; 2002 c 371 § 909; 2002 c 2 § 2 (Initiative Measure No.
773, approved November 6, 2001); 1993 c 492 § 469.]
Retroactive application—2003 c 259: "This act is intended to apply
retroactively to January 1, 2002." [2003 c 259 § 2.]
Effective date—2003 c 259: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 12, 2003]." [2003 c 259 § 3.]
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Intent—2002 c 2 (Initiative Measure No. 773): See RCW 70.47.002.
43.72.902
43.72.902 Public health services account. The public
health services account is created in the state treasury. Moneys in the account may be spent only after appropriation.
Moneys in the account may be expended only for maintaining and improving the health of Washington residents
through the public health system. For purposes of this section, the public health system shall consist of the state board
of health, the state department of health, and local health
departments and districts. During the 2001-2003 biennium,
moneys in the fund may also be used for costs associated with
hepatitis C testing and treatment in correctional facilities.
[2001 2nd sp.s. c 7 § 916; 2000 2nd sp.s. c 1 § 913; 1995 c 43
§ 12; 1993 c 492 § 470.]
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
43.72.904
43.72.904 Health system capacity account. The health
system capacity account is created in the state treasury. Moneys in the account may be spent only after appropriation.
Moneys in the account may be expended for the following
purposes: Health data systems; health systems and public
health research; health system regulation; health system planning, development, and administration; and improving the
supply and geographic distribution of primary health service
providers. [1993 c 492 § 471.]
43.72.906
43.72.906 Personal health services account. The personal health services account is created in the [state] treasury.
Moneys in the account may be spent only after appropriation.
[Title 43 RCW—page 344]
Moneys in the account may be expended for the support of
subsidized personal health services for low-income Washington residents. [1993 c 492 § 472.]
43.72.910
43.72.910 Short title—1993 c 492. This act may be
known and cited as the Washington health services act of
1993. [1993 c 492 § 487.]
43.72.911
43.72.911 Severability—1993 c 492. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 492 § 490.]
43.72.912
43.72.912 Savings—1993 c 492. The enactment of this
act does not have the effect of terminating, or in any way
modifying, any obligation or any liability, civil or criminal,
which was already in existence on the effective date of this
act. [1993 c 492 § 491.]
43.72.913
43.72.913 Captions not law—1993 c 492. Captions
used in this act do not constitute any part of the law. [1993 c
492 § 492.]
43.72.914
43.72.914 Reservation of legislative power—1993 c
492. The legislature reserves the right to amend or repeal all
or any part of this act at any time and there shall be no vested
private right of any kind against such amendment or repeal.
All the rights, privileges, or immunities conferred by this act
or any acts done pursuant thereto shall exist subject to the
power of the legislature to amend or repeal this act at any
time. [1993 c 492 § 494.]
43.72.915
43.72.915 Effective dates—1993 c 492. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993,
except for:
(1) Sections 234 through 243, 245 through 254, and 257
of this act, which shall take effect January 1, 1996, or January
1, 1998, if funding is not provided as set forth in section 17(4)
of this act; and
(2) Sections 301 through 303 of this act, which shall take
effect January 1, 1994. [1995 c 43 § 15; 1993 sp.s. c 25 §
603; 1993 c 492 § 495.]
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
43.72.916
43.72.916 Effective date—1993 c 494. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 494 § 8.]
(2004 Ed.)
State Building Authority—Indebtedness—Refunding—Bond Issue
Chapter 43.75 RCW
STATE BUILDING AUTHORITY—
INDEBTEDNESS—REFUNDING—BOND ISSUE
Chapter 43.75
Sections
43.75.200
43.75.205
43.75.215
43.75.225
43.75.230
43.75.235
43.75.900
43.75.910
General obligation bonds—Refunding—Amount—Authority
of state finance committee to issue.
General obligation bonds—Form, terms, covenants, etc.—
Sale—Redemption.
General obligation bonds—Redemption—Enforcement.
Rescission of leases and agreements authorized.
Legislature may provide additional means for paying bonds.
Bonds legal investment for state and other public body funds.
Severability—1973 c 9.
Effective date—1973 c 9.
43.75.200
43.75.200 General obligation bonds—Refunding—
Amount—Authority of state finance committee to issue.
The state finance committee shall issue general obligation
bonds of the state in the amount of seventy-two million one
hundred sixty-seven thousand, six hundred fifty dollars, or so
much thereof as may be required to refund, at or prior to
maturity, all indebtedness, including any premium payable
with respect thereto and all interest thereon, incurred by the
Washington state building authority and to pay all costs incidental thereto and to the issuance of such bonds. Such refunding bonds shall not constitute an indebtedness of the state of
Washington within the meaning of the debt limitation contained in section 1 of Article VIII of the Washington state
Constitution, as amended by a vote of the people pursuant to
HJR 52, 1971 regular session. [1973 c 9 § 1; 1971 ex.s. c 154
§ 1.]
Chapter 43.78
ment and interest requirements of such bonds, and on July 1st
of each year the state treasurer shall deposit from any general
state revenues such amount in the state building authority
bond redemption fund hereby created in the state treasury.
The owner and holder of each of the bonds or the trustee for
any of the bondholders may by a mandamus or other appropriate proceeding require the transfer and payment of funds
as directed by this section. [1973 c 9 § 3.]
43.75.225 Rescission of leases and agreements authorized. The Washington state building authority and the state
institutions of higher learning and other state agencies are
hereby authorized to rescind leases and other agreements
entered into prior to February 21, 1973, pursuant to chapter
43.75 RCW at such time as all indebtedness incurred by the
authority has been paid. [1973 c 9 § 5.]
43.75.225
43.75.230 Legislature may provide additional means
for paying bonds. The legislature may provide additional
means for raising moneys for the payment of the principal of
and interest on the bonds authorized by this chapter, and this
chapter shall not be deemed to provide an exclusive method
for such payment. [1973 c 9 § 6.]
43.75.230
43.75.235 Bonds legal investment for state and other
public body funds. The bonds authorized by this chapter
shall be a legal investment for all state funds or funds under
state control and for all funds of any other public body. [1973
c 9 § 7.]
43.75.235
43.75.900 Severability—1973 c 9. If any provision of
this 1973 amendatory act, or its application to any person or
circumstance is held invalid the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1973 c 9 § 9.]
43.75.900
43.75.205
43.75.205 General obligation bonds—Form, terms,
covenants, etc.—Sale—Redemption. The issuance, sale
and retirement of said bonds shall be under the supervision
and control of the state finance committee. The committee is
authorized to prescribe the form, terms, conditions, and covenants of the bonds, the time or times of sale of all or any portion of them, and the conditions and manner of their sale,
issuance and redemption. None of the bonds herein authorized shall be sold for less than the par value thereof. Such
bonds shall be paid and discharged within thirty years of the
date of issuance in accordance with Article VIII, section 1 of
the state Constitution.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the issuance of such bonds. Such bonds shall be payable at such
places as the committee may provide.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due.
The proceeds from the sale of bonds authorized by this
chapter and any interest earned on the interim investment of
such proceeds, shall be used exclusively for the purposes
specified in this chapter. [1973 c 9 § 2.]
43.75.215
43.75.215 General obligation bonds—Redemption—
Enforcement. The state finance committee shall on or
before June 30th of each year, certify to the state treasurer the
amount needed in the ensuing twelve months to meet retire(2004 Ed.)
43.75.910 Effective date—1973 c 9. This 1973 amendatory act is necessary for the immediate preservation of the
public peace, health and safety, the support of the state government and its existing public institutions and, except as otherwise specifically provided, shall take effect immediately.
[1973 c 9 § 10.]
43.75.910
Chapter 43.78 RCW
PUBLIC PRINTER—PUBLIC PRINTING
Chapter 43.78
Sections
43.78.010
43.78.020
43.78.030
43.78.040
43.78.050
43.78.070
43.78.080
43.78.090
43.78.100
43.78.105
43.78.110
43.78.130
43.78.140
43.78.150
Appointment of public printer.
Bond.
Duties—Exceptions.
Requisitions.
Itemized statement of charges.
Use of state plant—Conditions—Public printer's salary.
Printing specifications.
Reprinting.
Stock to be furnished.
Printing for institutions of higher education—Interlocal agreements.
Securing printing from private sources—Farming out.
Public printing for state agencies and municipal corporations—Exceptions to instate requirements.
Public printing for state agencies and municipal corporations—Allowance of claims.
Public printing for state agencies and municipal corporations—Contracts for out-of-state work.
[Title 43 RCW—page 345]
43.78.010
43.78.160
43.78.170
Title 43 RCW: State Government—Executive
Public printing for state agencies and municipal corporations—Quality and workmanship requirements.
Recycled content requirement.
43.78.010
43.78.010 Appointment of public printer. There shall
be a public printer appointed by the governor with the advice
and consent of the senate, who shall hold office at the pleasure of the governor and until his successor is appointed and
qualified. [1981 c 338 § 6; 1965 c 8 § 43.78.010. Prior: 1905
c 168 § 1; RRS § 10323.]
43.78.020
43.78.020 Bond. Before entering upon the duties of his
office, the public printer shall execute to the state a bond in
the sum of ten thousand dollars conditioned for the faithful
and punctual performance of all duties and trusts of his
office. [1965 c 8 § 43.78.020. Prior: 1933 c 97 § 4; 1905 c
168 § 2; RRS § 10324.]
43.78.030
43.78.030 Duties—Exceptions. The public printer
shall print and bind the session laws, the journals of the two
houses of the legislature, all bills, resolutions, documents,
and other printing and binding of either the senate or house,
as the same may be ordered by the legislature; and such
forms, blanks, record books, and printing and binding of
every description as may be ordered by all state officers,
boards, commissions, and institutions, and the supreme court,
and the court of appeals and officers thereof, as the same may
be ordered on requisition, from time to time, by the proper
authorities. This section shall not apply to the printing of the
supreme court and the court of appeals reports, to the printing
of bond certificates or bond offering disclosure documents, to
the printing of educational publications of the state historical
societies, or to any printing done or contracted for by institutions of higher education: PROVIDED, That institutions of
higher education, in consultation with the public printer,
develop vendor selection procedures comparable to those
used by the public printer for contracted printing jobs. Where
any institution or institution of higher learning of the state is
or may become equipped with facilities for doing such work,
it may do any printing: (1) For itself, or (2) for any other state
institution when such printing is done as part of a course of
study relative to the profession of printer. Any printing and
binding of whatever description as may be needed by any
institution or agency of the state department of social and
health services not at Olympia, or the supreme court or the
court of appeals or any officer thereof, the estimated cost of
which shall not exceed one thousand dollars, may be done by
any private printing company in the general vicinity within
the state of Washington so ordering, if in the judgment of the
officer of the agency so ordering, the saving in time and processing justifies the award to such local private printing concern.
Beginning on July 1, 1989, and on July 1 of each succeeding odd-numbered year, the dollar limit specified in this
section shall be adjusted as follows: The office of financial
management shall calculate such limit by adjusting the previous biennium's limit by an appropriate federal inflationary
index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest fifty dollars. [1994 c 82 § 1; 1993 c 379 § 104; 1988 c 102 § 1; 1987
c 72 § 1; 1982 c 164 § 2; 1971 c 81 § 114; 1965 c 8 §
[Title 43 RCW—page 346]
43.78.030. Prior: 1959 c 88 § 1; 1917 c 129 § 1; 1915 c 27 §
2; 1905 c 168 § 3; RRS § 10325.]
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Commission on supreme court reports, member: RCW 2.32.160.
Promotional printing for
apple commission, exemption: RCW 15.24.085.
beef commission, exemption: RCW 16.67.170.
dairy products commission, exemption: RCW 15.24.085.
fruit commission, exemption: RCW 15.24.085.
honey bee commission, exemption: RCW 15.62.190.
Session laws, legislative journals, delivery to statute law committee: RCW
40.04.030.
43.78.040
43.78.040 Requisitions. All printing and binding shall
be done under the general superintendence of the authorities
ordering it, and when completed shall be delivered to such
authorities, who shall sign receipts therefor.
Before the public printer shall execute any printing or
binding for any office, board, commission, or institution, the
proper officer thereof shall apply therefor by requisition.
[1965 c 8 § 43.78.040. Prior: 1905 c 168 § 4; RRS § 10326.]
43.78.050
43.78.050 Itemized statement of charges. Upon delivering a printing or binding job and receiving a receipt therefor
the public printer shall make out, and deliver to the requesting agency an itemized statement of charges. [1965 c 8 §
43.78.050. Prior: 1905 c 168 § 5, part; RRS § 10327.]
43.78.070
43.78.070 Use of state plant—Conditions—Public
printer's salary. The public printer shall use the state printing plant upon the following conditions, to wit:
(1) He shall do the public printing, and charge therefor
the fees as provided by law. He may print the Washington
Reports for the publishers thereof under a contract approved
in writing by the governor.
(2) The gross income of the public printer shall be deposited in an account designated "state printing plant revolving
fund" in depositaries approved by the state treasurer, and
shall be disbursed by the public printer by check and only as
follows:
First, in payment of the actual cost of labor, material,
supplies, replacements, repairs, water, light, heat, telephone,
rent, and all other expenses necessary in the operation of the
plant: PROVIDED, That no machinery shall be purchased
except on written approval of the governor;
Second, in payment of the cost of reasonable insurance
upon the printing plant, payable to the state and of all fidelity
bonds required by law of the public printer;
Third, in payment to the public printer of a salary which
shall be fixed by the governor in accordance with the provisions of RCW 43.03.040;
Fourth, in remitting the balance to the state treasurer for
the general fund: PROVIDED, That a reasonable sum to be
determined by the governor, the public printer, and the director of financial management shall be retained in the fund for
working capital for the public printer. [1979 c 151 § 134;
1965 c 8 § 43.78.070. Prior: 1961 c 307 § 5; 1955 c 340 § 12;
1951 c 151 § 1; 1933 c 97 § 3; RRS § 10327-2.]
(2004 Ed.)
Public Printer—Public Printing
43.78.080
43.78.080 Printing specifications. All printing, ruling,
binding, and other work done or supplies furnished by the
state printing plant for the various state departments, commissions, institutions, boards, and officers shall be paid for
on an actual cost basis as determined from a standard cost
finding system to be maintained by the state printing plant. In
no event shall the price charged the various state departments, commissions, institutions, boards, and officers exceed
those established by the Porte Publishing Company's Franklin Printing Catalogue for similar and comparable work. All
bills for printing, ruling, binding, and other work done or for
supplies furnished by the state printing plant shall be certified
and sworn to by the public printer.
The public printing shall be divided into the following
classes:
FIRST CLASS. The bills, resolutions, and other matters
that may be ordered by the legislature, or either branch
thereof, in bill form, shall constitute the first class, and shall
be printed in such form as the legislature shall provide.
SECOND CLASS. The second class shall consist of
printing and binding of journals of the senate and house of
representatives, and the annual and biennial reports of the
several state officers, state commissions, boards, and institutions, with the exception of the reports of the attorney general
and the governor's message to the legislature, which shall be
printed and bound in the same style as heretofore. Said journals and reports shall be printed in such form as the senate
and house of representatives and the various state officers,
commissions, boards, and institutions shall respectively provide.
THIRD CLASS. The third class shall consist of all
reports, communications, and all other documents that may
be ordered printed in book form by the legislature or either
branch thereof, and all reports, books, pamphlets, and other
like matter printed in book form required by all state officers,
boards, commissions, and institutions shall be printed in such
form and style, and set in such size type, and printed on such
grade of paper as may be desired by the state officer, board,
commission, or institution ordering them, and which they
think will best serve the purpose for which intended.
FOURTH CLASS. The fourth class shall consist of the
session laws, and shall be printed and bound in such form as
the statute law committee shall provide.
FIFTH CLASS. The fifth class shall consist of the printing of all stationery blanks, record books, and circulars, and
all printing and binding required by the respective state officers, boards, commissions, and institutions not covered by
classes one, two, three, and four. [1972 ex.s. c 1 § 1; 1969 c
6 § 7; 1965 c 8 § 43.78.080. Prior: 1955 c 16 § 1; 1943 c 124
§ 1; 1935 c 130 § 1; 1919 c 37 § 1; 1917 c 129 § 3; 1905 c 168
§ 6; RRS § 10329.]
43.78.090
43.78.090 Reprinting. Whenever required by law or by
the legislature or by any state officer, board, commission, or
institution the public printer shall keep the type used in printing any matter forming a part of the first, second, third, and
fourth classes standing for a period not exceeding sixty days
for use in reprinting such matter. [1965 c 8 § 43.78.090.
Prior: 1935 c 130 § 2; 1919 c 37 § 2; 1907 c 174 § 1; RRS §
10330.]
(2004 Ed.)
43.78.140
43.78.100
43.78.100 Stock to be furnished. The public printer
shall furnish all paper, stock, and binding materials required
in all public work, and shall charge the same to the state, as it
is actually used, at the actual price at which it was purchased
plus five percent for waste, insurance, storage, and handling.
This section does not apply to institutions of higher education. [1993 c 379 § 106; 1965 c 8 § 43.78.100. Prior: 1917 c
129 § 5; 1905 c 168 § 9; RRS § 10333.]
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
43.78.105
43.78.105 Printing for institutions of higher education—Interlocal agreements. The public printer may use
the state printing plant for the purposes of printing or furnishing materials under RCW 43.78.100 if an interlocal agreement under chapter 39.34 RCW has been executed between
an institution of higher education and the public printer.
[1993 c 379 § 105.]
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
43.78.110
43.78.110 Securing printing from private sources—
Farming out. Whenever in the judgment of the public
printer certain printing, ruling, binding, or supplies can be
secured from private sources more economically than by
doing the work or preparing the supplies in the state printing
plant, the public printer may obtain such work or supplies
from such private sources.
In event any work or supplies are secured on behalf of
the state under this section the state printing plant shall be
entitled to add up to five percent to the cost thereof to cover
the handling of the orders which shall be added to the bills
and charged to the respective authorities ordering the work or
supplies. The five percent handling charge shall not apply to
contracts with institutions of higher education. [1993 c 379 §
107; 1982 c 164 § 3; 1969 c 79 § 1; 1965 c 8 § 43.78.110.
Prior: 1935 c 130 § 3; RRS § 10333-1.]
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
43.78.130
43.78.130 Public printing for state agencies and
municipal corporations—Exceptions to instate requirements. All printing, binding, and stationery work done for
any state agency, county, city, town, port district, or school
district in this state shall be done within the state, and all proposals, requests, or invitations to submit bids, prices, or contracts thereon, and all contracts for such work, shall so stipulate: PROVIDED, That whenever it is established that any
such work cannot be executed within the state, or that the
lowest charge for which it can be procured within the state,
exceeds the charge usually and customarily made to private
individuals and corporations for work of similar character
and quality, or that all bids for the work or any part thereof
are excessive and not reasonably competitive, the officers of
any such public corporation may have the work done outside
the state. [1999 c 365 § 1; 1965 c 8 § 43.78.130. Prior: 1919
c 80 § 1; RRS § 10335.]
43.78.140
43.78.140 Public printing for state agencies and
municipal corporations—Allowance of claims. No bill or
claim for any such work shall be allowed by any officer of a
[Title 43 RCW—page 347]
43.78.150
Title 43 RCW: State Government—Executive
state agency or public corporation or be paid out of its funds,
unless it appears that the work was executed within the state
or that the execution thereof within the state could not have
been procured, or procured at reasonable and competitive
rates, and no action shall be maintained against such corporation or its officers upon any contract for such work unless it
is alleged and proved that the work was done within the state
or that the bids received therefor were unreasonable or not
truly competitive. [1999 c 365 § 2; 1965 c 8 § 43.78.140.
Prior: 1919 c 80 § 2; RRS § 10336.]
43.79.075
43.79.080
43.79.100
43.79.110
43.79.120
43.79.130
43.79.140
43.79.150
43.79.160
43.79.180
43.79.201
43.78.150
43.78.150 Public printing for state agencies and
municipal corporations—Contracts for out-of-state
work. All contracts for such work to be done outside the
state shall require that it be executed under conditions of
employment which shall substantially conform to the laws of
this state respecting hours of labor, the minimum wage scale,
and the rules and regulations of the department of labor and
industries regarding conditions of employment, hours of
labor, and minimum wages, and shall be favorably comparable to the labor standards and practices of the lowest competent bidder within the state, and the violation of any such provision of any contract shall be ground for cancellation
thereof. [1994 c 164 § 12; 1973 1st ex.s. c 154 § 86; 1965 c
8 § 43.78.150. Prior: 1953 c 287 § 1; 1919 c 80 § 3; RRS §
10337.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
43.78.160
43.78.160 Public printing for state agencies and
municipal corporations—Quality and workmanship
requirements. Nothing in RCW 43.78.130, 43.78.140 and
43.78.150 shall be construed as requiring any public official
to accept any such work of inferior quality or workmanship.
[1965 c 8 § 43.78.160. Prior: 1919 c 80 § 4; RRS § 10338.]
43.78.170
43.78.170 Recycled content requirement. The public
printer shall take all actions consistent with the *plan under
RCW 43.19A.050 to ensure that seventy-five percent or more
of the total dollar amount of printing paper stock used by the
printer is recycled content paper by January 1, 1997, and
ninety percent or more of the total dollar amount of printing
paper stock used by the printer is recycled content paper by
January 1, 1999. [1996 c 198 § 3; 1991 c 297 § 10.]
*Reviser's note: The mandatory plan under RCW 43.19A.050 was
renamed a strategy by 1996 c 198.
Captions not law—1991 c 297: See RCW 43.19A.900.
Chapter 43.79
Chapter 43.79 RCW
STATE FUNDS
43.79.202
43.79.210
43.79.260
43.79.270
43.79.280
43.79.282
43.79.300
43.79.301
43.79.302
43.79.303
43.79.304
43.79.310
43.79.311
43.79.312
43.79.313
43.79.314
43.79.320
43.79.321
43.79.322
43.79.323
43.79.324
43.79.330
43.79.331
43.79.332
43.79.333
43.79.334
43.79.335
43.79.336
43.79.340
43.79.341
43.79.342
43.79.343
43.79.350
43.79.370
43.79.381
43.79.390
Sections
43.79.010
43.79.015
43.79.020
43.79.060
43.79.071
43.79.072
43.79.073
43.79.074
General fund, how constituted.
Accounts in general fund designated as accounts in state treasury—Credit of earnings to general fund.
License fees to general fund.
University permanent fund.
University of Washington fund—Moneys transferred to general fund.
University of Washington fund—Appropriations to be paid
from general fund.
University of Washington fund—Abolished.
University of Washington fund—Warrants to be paid from
general fund.
[Title 43 RCW—page 348]
43.79.391
43.79.392
43.79.393
43.79.400
43.79.405
43.79.410
43.79.420
43.79.421
University of Washington fund—Other revenue for support of
university.
University building fund.
Scientific school grant to Washington State University.
Scientific permanent fund.
Agricultural college grant to Washington State University.
Agricultural permanent fund.
Washington State University—Moneys paid into general fund
for support of.
Normal school grant to former state colleges of education and
The Evergreen State College.
Normal school permanent fund.
Former state colleges of education—Moneys paid into general
fund for support of.
C.E.P. & R.I. account—Moneys transferred to charitable, educational, penal and reformatory institutions account—
Exception.
C.E.P. & R.I. fund—Abolished—Appropriations to be paid
from and warrants drawn on account in general fund.
Federal cooperative extension fund.
Governor designated state's agent.
Unanticipated receipts—Duty of department heads.
Unanticipated receipts—Duty of governor on approval.
Compliance with RCW 43.79.260 through 43.79.280.
Central College fund—Moneys transferred to general fund.
Central College fund—Appropriations to be paid from general
fund.
Central College fund—Abolished.
Central College fund—Warrants to be paid from general fund.
Central College fund—Other revenue for support of Central
Washington University.
Eastern College fund—Moneys transferred to general fund.
Eastern College fund—Appropriations to be paid from general
fund.
Eastern College fund—Abolished.
Eastern College fund—Warrants to be paid from general fund.
Eastern College fund—Other revenue for support of Eastern
Washington University.
Western College fund—Moneys transferred to general fund.
Western College fund—Appropriations to be paid from general fund.
Western College fund—Abolished.
Western College fund—Warrants to be paid from general
fund.
Western College fund—Other revenue for support of Western
Washington University.
Miscellaneous state funds—Moneys transferred to accounts in
the state treasury.
Miscellaneous state funds—Abolished.
Miscellaneous state funds—Appropriations of 34th legislature
to be paid from general fund.
Miscellaneous state funds—Warrants to be paid from general
fund.
Miscellaneous state funds—Expenditures—Revenue from
other than general fund.
Miscellaneous state funds—Washington State University
building account.
Puget Sound pilotage account redesignated as pilotage
account.
General obligation bond retirement fund—Moneys transferred
to general fund.
General obligation bond retirement fund—Appropriations of
34th legislature to be paid from general fund.
General obligation bond retirement fund—Abolished.
General obligation bond retirement fund—Warrants to be paid
from general fund.
Suspense account.
Suspense account—Disbursements—Vouchers—Warrants.
Penitentiary revolving account abolished.
United States vocational education account—Moneys transferred to general fund.
United States vocational education account—Appropriations
to be paid from general fund.
United States vocational education account—Abolished.
United States vocational education account—Warrants to be
paid from general fund.
State payroll revolving account, agency payroll revolving
fund—Created—Utilization.
Parks and parkways account abolished—Funds transferred to
general fund.
Legal services revolving fund—Created—Purpose—Uses.
Miscellaneous state funds—Moneys transferred to basic state
general fund.
Miscellaneous state funds—Abolished.
(2004 Ed.)
State Funds
43.79.422
43.79.423
43.79.425
43.79.430
43.79.435
43.79.440
43.79.441
43.79.442
43.79.445
43.79.455
43.79.460
43.79.465
43.79.470
43.79.480
Miscellaneous state funds—Warrants to be paid from basic
state general fund.
Miscellaneous state funds or accounts—Moneys transferred to
state general fund.
Current state school fund—Abolished—Moneys transferred.
Moneys from Inland Power & Light company to be deposited
in general fund.
Investment reserve account abolished—Deposit of moneys.
Loan principal and interest fund.
Transfer of moneys from certain school bond and state building construction accounts and funds to general fund—Payment of warrants.
Transfer of moneys from certain highway construction
accounts and funds to general fund—Payment of warrants.
Death investigations account—Disbursal.
Capitol purchase and development account.
Savings incentive account—Report to legislative committees.
Education savings account.
State patrol nonappropriated airplane revolving account.
Tobacco settlement account—Tobacco prevention and control
account.
Access roads revolving fund: RCW 79.38.050.
Accounting for: RCW 43.88.160.
Aeronautics account
created: RCW 82.42.090.
deposit of
aircraft dealer's license and certificate fees: RCW 14.20.060.
aircraft fuel tax proceeds: RCW 82.42.090.
Antitrust revolving fund: RCW 43.10.215.
Arbitration of labor disputes: RCW 49.08.060.
Auditing services revolving account: RCW 43.09.410.
Basic data fund: RCW 43.21A.067.
Capitol building construction account: Chapter 79.24 RCW.
Capitol purchase and development account
deposit of moneys received from management of east capitol site in: RCW
79.24.570.
proceeds from sale of tidelands and shorelands paid into: RCW
79.90.245.
Cemetery fund: Chapter 68.05 RCW.
Central operating fund: RCW 74.08.278.
Cerebral palsy: RCW 70.82.021, 70.82.022.
Community and economic development fee account: RCW 43.330.155.
Community services revolving fund: RCW 9.95.360.
Contingency fire suppression account: RCW 76.04.620.
Department of personnel service fund: RCW 41.06.280.
Department of retirement systems expense fund: RCW 41.50.110.
Depositaries, state moneys or funds defined for purposes of: RCW
43.85.200.
Disbursement by warrant or check: RCW 43.88.160.
Distribution to annexed areas, basis for: RCW 35.13.260.
Electrical license account, designation of: RCW 19.28.351.
Fair fund
horse racing money: RCW 15.76.115.
moneys from lease of state lands by director of agriculture to go into:
RCW 15.04.090.
Federal forest revolving fund: RCW 28A.520.010 and 28A.520.020.
Ferries revolving fund: RCW 47.60.170.
Flood control contributions: Chapter 86.18 RCW.
Forest development account: RCW 79.64.100.
Freshwater aquatic weeds account: RCW 43.21A.650.
General administration funds: Chapter 43.82 RCW.
General administration services account: RCW 43.19.500.
General fund
aircraft registration fees deposited in: RCW 47.68.250.
appropriations by legislature (for common school purposes): RCW
28A.150.380.
architects license account created in: RCW 18.08.240.
boxing, kickboxing, martial arts, and wrestling events: RCW 67.08.050.
(2004 Ed.)
Chapter 43.79
camping resort fines deposited in: RCW 19.105.380.
cerebral palsy: RCW 70.82.021, 70.82.022.
commercial feed account: RCW 15.53.9044.
commission merchants' account, fees paid into: RCW 20.01.130.
electrical licenses account: RCW 19.28.351.
elevators, escalators and dumbwaiter fees deposited in: RCW 70.87.210.
escheats, sale of property deposited in: RCW 11.08.120.
forest development account: RCW 79.64.100.
liquor excise taxes paid into: RCW 82.08.160.
marine fuel tax refund account: RCW 79A.25.040.
moneys collected under chapter 15.36 RCW to go into: RCW 15.36.491.
monthly financial report of state treasurer as to: RCW 43.08.150.
motor vehicle use tax revenues deposited in: RCW 82.12.045.
old age assistance grants charged against: RCW 74.08.370.
outdoor recreation account: RCW 79A.25.060.
parks and parkways, fund for, deposits in: RCW 36.82.210.
pilotage account: RCW 88.16.061.
proceeds from sale of insurance code: RCW 48.02.180.
professional engineers' account established, disposition of fees into: RCW
18.43.080, 18.43.150.
public utility district privilege tax: RCW 54.28.040, 54.28.050.
real estate commission account, license fees: RCW 18.85.220.
reclamation revolving account, generally: RCW 89.16.020 through
89.16.040, 90.16.090.
school apportionment from: RCW 28A.510.250.
seed account, moneys collected under seed law to go into: RCW
15.49.470.
special account in general fund for support of common schools: RCW
82.45.180.
state educational trust fund: RCW 28B.92.140.
state general fund—Estimates for state support to public schools from:
RCW 28A.300.170.
state general fund support to public schools—School district reimbursement programs: Chapter 28A.150 RCW.
state institutional personnel, charges for quarters: RCW 72.01.282.
taxes: RCW 82.32.380.
unclaimed property, proceeds of sale paid into: RCW 63.29.230.
Grain inspection revolving fund: RCW 22.09.830.
Highway bond retirement funds: Chapter 47.10 RCW.
Highway equipment fund: RCW 47.08.120, 47.08.121.
Highway safety fund
ability to respond in damages abstract fee deposited in: RCW 46.29.050.
county road and bridge violations, fines paid into: RCW 36.82.210.
created, use: RCW 46.68.060.
fees for copies of motor vehicle licensing records to go into: RCW
46.01.250.
for-hire motor vehicle certificates and operators' permits, moneys from to
go into: RCW 46.72.110.
moneys accruing from fees for motor vehicle operators' licenses to go into:
RCW 46.68.041.
moneys for abstracts of operating records to go into: RCW 46.52.130.
operating record abstract fee deposited in: RCW 46.29.050.
Hop inspection fund: RCW 22.09.830.
Hospital and medical facilities construction fund: RCW 70.40.150.
Industrial insurance funds: Chapter 51.44 RCW.
Juvenile correctional institution building bond redemption fund: RCW
72.19.100.
Legal services revolving fund: RCW 43.10.150.
Liability account: RCW 4.92.130.
Liquor excise tax fund: RCW 82.08.160, 82.08.170.
Liquor revolving fund: RCW 66.08.170.
Log patrol revolving fund, brand and mark registration fees deposited in:
RCW 76.36.160.
Manufactured home installation training account: RCW 43.63B.080.
Marine fuel tax refund account: RCW 79A.25.040.
Medical aid fund: RCW 51.44.020.
Monthly financial report of state treasurer as to: RCW 43.08.150.
Morrill fund: RCW 28B.30.275.
Motor vehicle fund
state Constitution Art. 2 § 40, RCW 46.68.070.
[Title 43 RCW—page 349]
43.79.010
Title 43 RCW: State Government—Executive
vehicle license proceeds, deposits in: RCW 46.68.030.
Municipal revolving account: RCW 43.09.282.
State trade fair fund, allocations to state trade fairs from: Chapter 43.31
RCW.
Northwest nursery fund, planting stock act moneys to go into: RCW
15.14.145.
State treasurer's service fund: RCW 43.08.190.
OASI contribution account: RCW 41.48.060.
Statute law committee publications account: RCW 1.08.0392.
Outdoor recreation account, disposition of outdoor recreational bond issue
proceeds in: RCW 79A.25.060.
Teachers' retirement fund: RCW 41.50.200.
Oyster reserve fund, proceeds from sale or lease of oyster reserves paid into:
RCW 79.96.110.
Thurston county capital facilities account: RCW 43.19.501.
Parks and parkways account
abolished: RCW 43.79.405.
deposit of inspections costs on recreational devices: RCW 79A.40.070.
disposition of outdoor recreational facilities bond issue proceeds in:
RCW 79A.10.020.
Permanent common school fund: State Constitution Art. 9 § 2.
applied exclusively to common schools: State Constitution Art. 9 § 2.
apportionment by Art. 2 § 28(7).
banks and trust companies, liquidation and winding up
dividends unclaimed deposited in: RCW 30.44.150, 30.44.180.
personal property, proceeds deposited in: RCW 30.44.220.
credit union unclaimed funds on liquidation escheat to: Chapter 31.12
RCW.
defalcation, fraud or mismanagement losses borne by state, interest:
RCW 28A.515.310.
enlargement authorized: State Constitution Art. 9 § 3.
game and game fish lands, withdrawn from lease, payment of amount of
lease into: RCW 77.12.360.
income from
to be applied to common schools: State Constitution Art. 9 § 2.
used for current expenses: State Constitution Art. 9 § 2.
investment, what securities: State Constitution Art. 16 § 5.
losses from, how made good: State Constitution Art. 9 § 5.
permanent and irreducible: State Constitution Art. 9 § 3; RCW
28A.515.300.
proceeds of lands and property reverting to state: RCW 28A.515.300.
safe deposit box contents, unclaimed after liquidation and winding up of
bank or trust company, proceeds from sale deposited in: RCW
30.44.220.
sources of, from what derived: State Constitution Art. 9 § 3.
state lands
acquired, lease and sale of, proceeds to go into: RCW 79.10.030.
withdrawn for game purposes, payment of amount of lease into: RCW
77.12.360.
Printing revolving fund: RCW 43.78.070.
Professional engineers' account established, disposition of fees into: RCW
18.43.080, 18.43.150.
State vehicle parking account: RCW 43.01.225.
Teachers' retirement pension reserve fund: RCW 41.50.200.
Toll bridge authority trust fund for revenues from sale of Puget Sound ferry
and toll bridge system bonds: RCW 47.60.150.
Toll bridge funds: Chapter 47.56 RCW.
Undistributed receipts account: RCW 43.01.050.
Unemployment compensation funds, generally: RCW 50.16.010, 50.16.020.
University of Washington
bond retirement fund: RCW 28B.20.720.
building account: RCW 28B.15.210.
Volunteer fire fighters' and reserve officers' relief and pension principal
fund: RCW 41.24.030.
Washington State University
bond retirement fund: RCW 28B.30.740.
bond retirement fund of 1977—Created—Purpose: RCW 28B.31.060.
building account: RCW 28B.30.730.
Morrill fund: RCW 28B.30.275.
Wildlife fund: Chapter 77.12 RCW.
43.79.010
43.79.010 General fund, how constituted. All moneys
paid into the state treasury, except moneys received from
taxes levied for specific purposes, and the several permanent
and irreducible funds of the state and the moneys derived
therefrom, shall be paid into the general fund of the state.
[1965 c 8 § 43.79.010. Prior: 1907 c 8 § 1; RRS § 5509.]
43.79.015
43.79.015 Accounts in general fund designated as
accounts in state treasury—Credit of earnings to general
fund. On and after July 1, 1985, all accounts heretofore or
hereafter created in the state general fund shall be designated
and treated as accounts in the state treasury. Unless otherwise
designated by statute, all earnings on balances of such
accounts shall be credited to the general fund. [1985 c 57 §
89.]
Effective date—1985 c 57: See note following RCW 18.04.105.
Public assistance, central operating fund: RCW 74.08.278.
Public depositaries, deposit and investment of public funds: Chapter 39.58
RCW.
Public safety and education account: RCW 43.08.250.
Public schools building bond redemption funds: Chapter 28A.525 RCW.
Public service revolving fund: RCW 80.01.080.
Puget Sound capital construction account
created, use: Chapter 47.60 RCW.
distribution of motor vehicle fuel tax proceeds to: RCW 82.36.020.
Receipt and keeping of: RCW 43.88.160.
Reserve fund, moneys in may be invested in motor vehicle fund warrants:
RCW 47.12.210.
Resource management cost account: RCW 79.64.020.
Retirement systems expense fund: RCW 41.50.110.
Revolving funds: RCW 43.88.180, 43.88.190.
Secretary of state's revolving fund: RCW 43.07.130.
State building and higher education construction account, redemption fund:
RCW 43.83.074.
State fair fund: RCW 15.76.100, 15.76.170.
State patrol retirement fund: RCW 43.43.130.
[Title 43 RCW—page 350]
43.79.020
43.79.020 License fees to general fund. Except as otherwise provided by law, all moneys received as fees for the
issuance of licenses upon examination, and the renewal
thereof, and paid into the state treasury, shall be credited to
the general fund; and all expenses incurred in connection
with the examination of applicants for licenses, and the issuance and renewal of licenses upon examination shall be paid
by warrants drawn against the general fund. [1965 c 8 §
43.79.020. Prior: 1921 c 81 § 1; RRS § 5511.]
43.79.060
43.79.060 University permanent fund. There shall be
in the state treasury a permanent and irreducible fund known
as the "state university permanent fund," into which shall be
paid all moneys derived from the sale of lands granted, held,
or devoted to state university purposes. [1965 c 8 §
43.79.060. Prior: 1907 c 168 § 1; RRS § 5518.]
43.79.071
43.79.071 University of Washington fund—Moneys
transferred to general fund. All moneys in the state trea(2004 Ed.)
State Funds
sury to the credit of the University of Washington fund on the
first day of May, 1955, and all moneys thereafter paid into the
state treasury for or to the credit of the University of Washington fund, shall be and are hereby transferred to and placed
in the general fund. [1965 c 8 § 43.79.071. Prior: 1955 c 332
§ 1.]
43.79.072
43.79.072 University of Washington fund—Appropriations to be paid from general fund. From and after the
first day of April, 1955, all appropriations made by the thirtyfourth legislature from the University of Washington fund
shall be paid out of moneys in the general fund. [1965 c 8 §
43.79.072. Prior: 1955 c 332 § 2.]
43.79.073
43.79.073 University of Washington fund—Abolished. From and after the first day of May, 1955, the University of Washington fund is abolished. [1965 c 8 § 43.79.073.
Prior: 1955 c 332 § 3.]
43.79.074
43.79.074 University of Washington fund—Warrants to be paid from general fund. From and after the first
day of May, 1955, all warrants drawn on the University of
Washington fund and not presented for payment shall be paid
from the general fund, and it shall be the duty of the state treasurer and he is hereby directed to pay such warrants when
presented from the general fund. [1965 c 8 § 43.79.074.
Prior: 1955 c 332 § 4.]
43.79.075
43.79.075 University of Washington fund—Other
revenue for support of university. No revenue from any
source other than the general fund, which, except for the provisions hereof, would have been paid into the University of
Washington fund, shall be used for any purpose except the
support of the University of Washington. [1965 c 8 §
43.79.075. Prior: 1955 c 332 § 5.]
43.79.180
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
43.79.120
43.79.120 Agricultural college grant to Washington
State University. The ninety thousand acres of land granted
by the United States government to the state for an agricultural college in section 16 of the enabling act are assigned to
the support of Washington State University. [1965 c 8 §
43.79.120.]
43.79.130
43.79.130 Agricultural permanent fund. There shall
be in the state treasury a permanent and irreducible fund
known as the "agricultural permanent fund," into which shall
be paid all moneys derived from the sale of lands set apart by
the enabling act or otherwise for an agricultural college. The
income derived from investments pursuant to RCW
43.84.080 shall be credited to the Washington State University building account less the allocation to the state treasurer's
service account [fund] pursuant to RCW 43.08.190. [1991
sp.s. c 13 § 94; 1965 c 8 § 43.79.130.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
43.79.140
43.79.140 Washington State University—Moneys
paid into general fund for support of. There shall be paid
into the state general fund for the support of Washington
State University the following moneys:
(1)—All moneys collected from the lease or rental of
lands set apart by the enabling act or otherwise for the agricultural college and school of science;
(2)—All interest or income arising from the proceeds of
the sale of any of such lands;
(3)—All moneys received or collected as interest on
deferred payments on contracts for the sale of such lands.
[1965 c 8 § 43.79.140. Prior: 1905 c 43 § 2; RRS § 5521.]
43.79.150
43.79.080
43.79.080 University building fund. There shall be in
the state treasury a fund known and designated as the "University of Washington building account". [1985 c 57 § 36;
1965 c 8 § 43.79.080. Prior: 1915 c 66 § 1; RRS § 5535.]
Effective date—1985 c 57: See note following RCW 18.04.105.
43.79.100
43.79.100 Scientific school grant to Washington State
University. The one hundred thousand acres of land granted
by the United States government to the state for a scientific
school in section 17 of the enabling act, are assigned to the
support of Washington State University. [1965 c 8 §
43.79.100. Prior: 1917 c 11 § 1; RRS § 5525.]
43.79.110
43.79.110 Scientific permanent fund. There shall be
in the state treasury a permanent and irreducible fund known
as the "scientific permanent fund," into which shall be paid
all moneys derived from the sale of lands set apart by the
enabling act or otherwise for a scientific school. The income
derived from investments pursuant to RCW 43.84.080 shall
be credited to the Washington State University building
account less the allocation to the state treasurer's service fund
pursuant to RCW 43.08.190. [1991 sp.s. c 13 § 96; 1965 c 8
§ 43.79.110. Prior: 1901 c 81 § 4; RRS § 5526.]
(2004 Ed.)
43.79.150 Normal school grant to former state colleges of education and The Evergreen State College. The
one hundred thousand acres of land granted by the United
States government to the state for state normal schools in section 17 of the enabling act are assigned to the support of the
regional universities, which were formerly the state colleges
of education and to The Evergreen State College. [1993 c
411 § 3; 1977 ex.s. c 169 § 104; 1965 c 8 § 43.79.150.]
Finding—1993 c 411: See note following RCW 28B.35.751.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
43.79.160
43.79.160 Normal school permanent fund. There
shall be in the state treasury a permanent and irreducible fund
known as the "normal school permanent fund," into which
shall be paid all moneys derived from the sale of lands set
apart by the enabling act or otherwise for state normal
schools. [1965 c 8 § 43.79.160.]
43.79.180
43.79.180 Former state colleges of education—Moneys paid into general fund for support of. There shall be
paid into the state general fund for the use and support of the
regional universities (formerly state colleges of education)
the following moneys:
[Title 43 RCW—page 351]
43.79.201
Title 43 RCW: State Government—Executive
(1)—All moneys collected from the lease or rental of
lands set apart by the enabling act or otherwise for the state
normal schools;
(2)—All interest or income arising from the proceeds of
the sale of such lands;
(3)—All moneys received or collected as interest on
deferred payments on contracts for the sale of such lands.
[1977 ex.s. c 169 § 105; 1965 c 8 § 43.79.180. Prior: 1905 c
43 § 4; RRS § 5523.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
43.79.201
43.79.201 C.E.P. & R.I. account—Moneys transferred to charitable, educational, penal and reformatory
institutions account—Exception. (1) The charitable, educational, penal and reformatory institutions account is hereby
created, in the state treasury, into which account there shall
be deposited all moneys arising from the sale, lease or transfer of the land granted by the United States government to the
state for charitable, educational, penal and reformatory institutions by section 17 of the enabling act, or otherwise set
apart for such institutions, except all moneys arising from the
sale, lease, or transfer of that certain one hundred thousand
acres of such land assigned for the support of the University
of Washington by chapter 91, Laws of 1903 and section 9,
chapter 122, Laws of 1893.
(2) If feasible, not less than one-half of all income to the
charitable, educational, penal, and reformatory institutions
account shall be appropriated for the purpose of providing
housing, including repair and renovation of state institutions,
for persons who are mentally ill, developmentally disabled,
or youth who are blind, deaf, or otherwise disabled. If moneys are appropriated for community-based housing, the moneys shall be appropriated to the department of community,
trade, and economic development for the housing assistance
program under chapter 43.185 RCW. [1995 c 399 § 77; 1991
sp.s. c 13 § 39; 1991 c 204 § 3; 1985 c 57 § 37; 1965 ex.s. c
135 § 2; 1965 c 8 § 43.79.201. Prior: 1961 c 170 § 1.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Income potential: RCW 79.02.410.
Inventory of land: RCW 79.02.400.
43.79.202
43.79.202 C.E.P. & R.I. fund—Abolished—Appropriations to be paid from and warrants drawn on account
in general fund. On and after March 20, 1961, the C.E.P. &
R.I. fund is abolished; all appropriations made by the thirtyseventh legislature from such abolished fund shall be paid
from the charitable, educational, penal and reformatory institutions account in the general fund and all warrants drawn on
the C.E.P. & R.I. fund prior to March 20, 1961 and not theretofore presented for payment shall be paid from the charitable, educational, penal and reformatory institutions account
in the general fund. [1965 c 8 § 43.79.202. Prior: 1961 c 170
§ 2.]
43.79.210
43.79.210 Federal cooperative extension fund. There
shall be in the state treasury a fund known as the federal
cooperative agricultural extension fund, and all moneys paid
[Title 43 RCW—page 352]
into the state treasury for, or to the credit of, the Smith-Lever
and Capper-Ketcham funds shall be placed in the federal
cooperative agricultural extension fund. [1965 c 8 §
43.79.210. Prior: 1935 c 63 § 1; RRS § 5536-4.]
43.79.260
43.79.260 Governor designated state's agent. The
governor is designated the agent of the state to accept and
receive all funds from federal and other sources not otherwise
provided for by law and to deposit them in the state treasury
to the credit of the appropriate fund or account. [1973 c 144
§ 1; 1965 c 8 § 43.79.260. Prior: 1945 c 243 § 3; Rem. Supp.
1945 § 5517-12.]
43.79.270
43.79.270 Unanticipated receipts—Duty of department heads. (1) Whenever any money, from the federal government, or from other sources, which was not anticipated in
the budget approved by the legislature has actually been
received and is designated to be spent for a specific purpose,
the head of any department, agency, board, or commission
through which such expenditure shall be made is to submit to
the governor a statement which may be in the form of a
request for an allotment amendment setting forth the facts
constituting the need for such expenditure and the estimated
amount to be expended: PROVIDED, That no expenditure
shall be made in excess of the actual amount received, and no
money shall be expended for any purpose except the specific
purpose for which it was received. A copy of any proposal
submitted to the governor to expend money from an appropriated fund or account in excess of appropriations provided
by law which is based on the receipt of unanticipated revenues shall be submitted to the joint legislative audit and
review committee and also to the standing committees on
ways and means of the house and senate if the legislature is in
session at the same time as it is transmitted to the governor.
(2) Notwithstanding subsection (1) of this section, whenever money from any source that was not anticipated in the
transportation budget approved by the legislature has actually
been received and is designated to be spent for a specific purpose, the head of a department, agency, board, or commission
through which the expenditure must be made shall submit to
the governor a statement, which may be in the form of a
request for an allotment amendment, setting forth the facts
constituting the need for the expenditure and the estimated
amount to be expended. However, no expenditure may be
made in excess of the actual amount received, and no money
may be expended for any purpose except the specific purpose
for which it was received. A copy of any proposal submitted
to the governor to expend money from an appropriated transportation fund or account in excess of appropriations provided by law that is based on the receipt of unanticipated revenues must be submitted, at a minimum, to the standing committees on transportation of the house and senate, if the
legislature is in session, at the same time as it is transmitted to
the governor. During the legislative interim, any such proposal must be submitted to the legislative transportation committee. [1998 c 177 § 1; 1996 c 288 § 37; 1973 c 144 § 2;
1965 c 8 § 43.79.270. Prior: 1945 c 243 § 4; Rem. Supp.
1945 § 5517-13.]
(2004 Ed.)
State Funds
43.79.280
43.79.280 Unanticipated receipts—Duty of governor
on approval. (1) If the governor approves such estimate in
whole or part, he shall endorse on each copy of the statement
his approval, together with a statement of the amount
approved in the form of an allotment amendment, and transmit one copy to the head of the department, agency, board, or
commission authorizing the expenditure. An identical copy
of the governor's statement of approval and a statement of the
amount approved for expenditure shall be transmitted simultaneously to the joint legislative audit and review committee
and also to the standing committee on ways and means of the
house and senate of all executive approvals of proposals to
expend money in excess of appropriations provided by law.
(2) If the governor approves an estimate with transportation funding implications, in whole or part, he shall endorse
on each copy of the statement his approval, together with a
statement of the amount approved in the form of an allotment
amendment, and transmit one copy to the head of the department, agency, board, or commission authorizing the expenditure. An identical copy of the governor's statement of
approval of a proposal to expend transportation money in
excess of appropriations provided by law and a statement of
the amount approved for expenditure must be transmitted
simultaneously to the standing committees on transportation
of the house and senate. During the legislative interim, all
estimate approvals endorsed by the governor along with a
statement of the amount approved in the form of an allotment
amendment must be transmitted simultaneously to the legislative transportation committee. [1998 c 177 § 2; 1996 c 288
§ 38; 1973 c 144 § 3; 1965 c 8 § 43.79.280. Prior: 1945 c 243
§ 5; Rem. Supp. 1945 § 5517-14.]
43.79.282
43.79.282 Compliance with RCW 43.79.260 through
43.79.280. No state department, agency, board, or commission shall expend money in excess of appropriations provided
by law based on the receipt of unanticipated revenues without
complying with the provisions of RCW 43.79.260 through
43.79.280. [1973 c 144 § 4.]
43.79.300
43.79.300 Central College fund—Moneys transferred to general fund. All moneys in the state treasury to
the credit of the Central College fund on the first day of May,
1955, and all moneys thereafter paid into the state treasury
for or to the credit of the Central College fund, shall be and
are hereby transferred to and placed in the general fund.
[1965 c 8 § 43.79.300. Prior: 1955 c 333 § 1.]
43.79.320
May, 1955, all warrants drawn on the Central College fund
and not presented for payment shall be paid from the general
fund, and it shall be the duty of the state treasurer and he is
hereby directed to pay such warrants when presented from
the general fund. [1965 c 8 § 43.79.303. Prior: 1955 c 333 §
4.]
43.79.304
43.79.304 Central College fund—Other revenue for
support of Central Washington University. No revenue
from any source other than the general fund, which, except
for the provisions hereof, would have been paid into the Central College fund, shall be used for any purpose except the
support of the Central Washington University (formerly Central Washington State College). [1977 ex.s. c 169 § 106;
1965 c 8 § 43.79.304. Prior: 1955 c 333 § 5.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
43.79.310
43.79.310 Eastern College fund—Moneys transferred to general fund. All moneys in the state treasury to
the credit of the Eastern College fund on the first day of May,
1955, and all moneys thereafter paid into the state treasury
for or to the credit of the Eastern College fund, shall be and
are hereby transferred to and placed in the general fund.
[1965 c 8 § 43.79.310. Prior: 1955 c 334 § 1.]
43.79.311
43.79.311 Eastern College fund—Appropriations to
be paid from general fund. From and after the first day of
April, 1955, all appropriations made by the thirty-fourth legislature from the Eastern College fund shall be paid out of
moneys in the general fund. [1965 c 8 § 43.79.311. Prior:
1955 c 334 § 2.]
43.79.312
43.79.312 Eastern College fund—Abolished. From
and after the first day of May, 1955, the Eastern College fund
is abolished. [1965 c 8 § 43.79.312. Prior: 1955 c 334 § 3.]
43.79.313
43.79.313 Eastern College fund—Warrants to be
paid from general fund. From and after the first day of
May, 1955, all warrants drawn on the Eastern College fund
and not presented for payment shall be paid from the general
fund, and it shall be the duty of the state treasurer and he is
hereby directed to pay such warrants when presented from
the general fund. [1965 c 8 § 43.79.313. Prior: 1955 c 334 §
4.]
43.79.314
43.79.301
43.79.301 Central College fund—Appropriations to
be paid from general fund. From and after the first day of
April, 1955, all appropriations made by the thirty-fourth legislature from the Central College fund shall be paid out of
moneys in the general fund. [1965 c 8 § 43.79.301. Prior:
1955 c 333 § 2.]
43.79.314 Eastern College fund—Other revenue for
support of Eastern Washington University. No revenue
from any source other than the general fund, which, except
for the provisions hereof, would have been paid into the Eastern College fund, shall be used for any purpose except the
support of the Eastern Washington University (formerly
Eastern Washington State College). [1977 ex.s. c 169 § 107;
1965 c 8 § 43.79.314. Prior: 1955 c 334 § 5.]
43.79.302
43.79.302 Central College fund—Abolished. From
and after the first day of May, 1955, the Central College fund
is abolished. [1965 c 8 § 43.79.302. Prior: 1955 c 333 § 3.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
43.79.320
43.79.303
43.79.303 Central College fund—Warrants to be
paid from general fund. From and after the first day of
(2004 Ed.)
43.79.320 Western College fund—Moneys transferred to general fund. All moneys in the state treasury to
the credit of the Western College fund on the first day of
[Title 43 RCW—page 353]
43.79.321
Title 43 RCW: State Government—Executive
May, 1955, and all moneys thereafter paid into the state treasury for or to the credit of the Western College fund, shall be
and are hereby transferred to and placed in the general fund.
[1965 c 8 § 43.79.320. Prior: 1955 c 335 § 1.]
43.79.321
43.79.321 Western College fund—Appropriations to
be paid from general fund. From and after the first day of
April, 1955, all appropriations made by the thirty-fourth legislature from the Western College fund shall be paid out of
moneys in the general fund. [1965 c 8 § 43.79.321. Prior:
1955 c 335 § 2.]
(9) Reclamation revolving fund moneys, to the reclamation revolving account;
(10) University of Washington building fund moneys, to
the University of Washington building account; and
(11) State College of Washington building fund moneys,
to the Washington State University building account. [1991
sp.s. c 13 § 3; 1985 c 57 § 38; 1981 c 242 § 3; 1980 c 32 § 3;
1979 ex.s. c 67 § 3; 1965 c 8 § 43.79.330. Prior: 1959 c 273
§ 6; 1957 c 115 § 6; 1955 c 370 § 1.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.79.322
43.79.322 Western College fund—Abolished. From
and after the first day of May, 1955, the Western College
fund is abolished. [1965 c 8 § 43.79.322. Prior: 1955 c 335
§ 3.]
43.79.323
43.79.323 Western College fund—Warrants to be
paid from general fund. From and after the first day of
May, 1955, all warrants drawn on the Western College fund
and not presented for payment shall be paid from the general
fund, and it shall be the duty of the state treasurer and he is
hereby directed to pay such warrants when presented from
the general fund. [1965 c 8 § 43.79.323. Prior: 1955 c 335 §
4.]
Effective dates—1981 c 242: "Sections 1, 2, and 4 of this act are necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect July 1, 1981. Section 3 of this act shall take effect September
1, 1981." [1981 c 242 § 5.]
Effective date—1980 c 32 § 3: "Section 3 of this act shall take effect
September 1, 1981." [1980 c 32 § 4.]
Severability—1979 ex.s. c 67: See note following RCW 19.28.351.
43.79.331
43.79.331 Miscellaneous state funds—Abolished.
From and after the first day of May, 1955, all funds from
which moneys are transferred to general fund accounts pursuant to RCW 43.79.330, are abolished. [1965 c 8 § 43.79.331.
Prior: 1955 c § 370 § 2.]
43.79.332
43.79.324
43.79.324 Western College fund—Other revenue for
support of Western Washington University. No revenue
from any source other than the general fund, which, except
for the provisions hereof, would have been paid into the
Western College fund, shall be used for any purpose except
the support of the Western Washington University (formerly
Western Washington State College). [1977 ex.s. c 169 § 108;
1965 c 8 § 43.79.324. Prior: 1955 c 335 § 5.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
43.79.330
43.79.330 Miscellaneous state funds—Moneys transferred to accounts in the state treasury. All moneys to the
credit of the following state funds on the first day of August,
1955, and all moneys thereafter paid to the state treasurer for
or to the credit of such funds, are hereby transferred to the
following accounts in the state treasury, the creation of which
is hereby authorized:
(1) Capitol building construction fund moneys, to the
capitol building construction account;
(2) Cemetery fund moneys, to the cemetery account;
(3) Feed and fertilizer fund moneys, to the feed and fertilizer account;
(4) Forest development fund moneys, to the forest development account;
(5) Harbor improvement fund moneys, to the harbor
improvement account;
(6) Millersylvania Park current fund moneys, to the Millersylvania Park current account;
(7) Puget Sound pilotage fund moneys, to the Puget
Sound pilotage account;
(8) Real estate commission fund moneys, to the real
estate commission account;
[Title 43 RCW—page 354]
43.79.332 Miscellaneous state funds—Appropriations of 34th legislature to be paid from general fund.
From and after the first day of April, 1955, all appropriations
made by the thirty-fourth legislature from any of the funds
abolished by RCW 43.79.331, shall be paid from the general
fund from the account to which the moneys of the abolished
fund have been transferred by RCW 43.79.330. [1965 c 8 §
43.79.332. Prior: 1955 c 370 § 3.]
43.79.333
43.79.333 Miscellaneous state funds—Warrants to
be paid from general fund. From and after the first day of
May, 1955, all warrants drawn on any fund abolished by
RCW 43.79.331 and not theretofore presented for payment,
shall be paid from the general fund from the account to which
the moneys of the abolished fund are directed by RCW
43.79.330 to be transferred. [1965 c 8 § 43.79.333. Prior:
1955 c 370 § 4.]
43.79.334
43.79.334 Miscellaneous state funds—Expenditures—Revenue from other than general fund. Expenditures from any account described in RCW 43.79.330 shall be
limited to the moneys credited to the account. No revenue
from any source other than the general fund, which, except
for the provisions of RCW 43.79.330 through 43.79.334,
would have been paid into any fund other than the general
fund, shall be used for any purpose except those purposes for
which such moneys were authorized prior to the enactment
hereof. [1965 c 8 § 43.79.334. Prior: 1955 c 370 § 5.]
43.79.335
43.79.335 Miscellaneous state funds—Washington
State University building account. Upon and after June 30,
1961 the account in the state treasury known as the "State
College of Washington Building Account" shall be known
and referred to as the "Washington State University Building
(2004 Ed.)
State Funds
Account." This section shall not be construed as effecting
any change in such fund other than the name thereof and as
otherwise provided by law. [1985 c 57 § 39; 1965 c 8 §
43.79.335. Prior: 1961 ex.s. c 11 § 3.]
Effective date—1985 c 57: See note following RCW 18.04.105.
43.79.336
43.79.336 Puget Sound pilotage account redesignated
as pilotage account. See RCW 88.16.061.
43.79.420
office which deposited the moneys in the account. [1981 2nd
ex.s. c 4 § 7; 1965 c 8 § 43.79.370. Prior: 1955 c 226 § 3.]
Severability—1981 2nd ex.s. c 4: See note following RCW 43.30.325.
43.79.381
43.79.381 Penitentiary revolving account abolished.
From and after the first day of August, 1957, the penitentiary
revolving account is abolished. [1965 c 8 § 43.79.381. Prior:
1957 c 115 § 2.]
43.79.390
43.79.340
43.79.340 General obligation bond retirement
fund—Moneys transferred to general fund. All moneys in
the state treasury to the credit of the general obligation bond
retirement fund on the first day of May, 1955, and all moneys
thereafter paid into the state treasury for or to the credit of the
general obligation bond retirement fund, shall be and are
hereby transferred to and placed in the general fund. [1965 c
8 § 43.79.340. Prior: 1955 c 330 § 1.]
43.79.390 United States vocational education
account—Moneys transferred to general fund. All moneys in the state treasury to the credit of the United States
vocational education account in the general fund on August
1, 1957, and all moneys thereafter paid into the state treasury
for or to said account, shall be and are hereby transferred to
and placed in the general fund. [1965 c 8 § 43.79.390. Prior:
1957 c 226 § 1.]
43.79.391 United States vocational education
account—Appropriations to be paid from general fund.
From and after the first day of July, 1957, all appropriations
made by the thirty-fifth legislature from the United States
vocational education account shall be paid out of moneys in
the general fund. [1965 c 8 § 43.79.391. Prior: 1957 c 226 §
2.]
43.79.391
43.79.341
43.79.341 General obligation bond retirement
fund—Appropriations of 34th legislature to be paid from
general fund. From and after the first day of April, 1955, all
appropriations made by the thirty-fourth legislature from the
general obligation bond retirement fund shall be paid out of
moneys in the general fund. [1965 c 8 § 43.79.341. Prior:
1955 c 330 § 2.]
43.79.392 United States vocational education
account—Abolished. From and after the first day of
August, 1957, the United States vocational education account
in the general fund is abolished. [1965 c 8 § 43.79.392. Prior:
1957 c 226 § 3.]
43.79.392
43.79.342
43.79.342 General obligation bond retirement
fund—Abolished. From and after the first day of May,
1955, the general obligation bond retirement fund is abolished. [1965 c 8 § 43.79.342. Prior: 1955 c 330 § 3.]
43.79.343
43.79.343 General obligation bond retirement
fund—Warrants to be paid from general fund. From and
after the first day of May, 1955, all warrants drawn on the
general obligation bond retirement fund and not presented for
payment shall be paid from the general fund, and it shall be
the duty of the state treasurer and he is hereby directed to pay
such warrants when presented from the general fund. [1965
c 8 § 43.79.343. Prior: 1955 c 330 § 4.]
43.79.393
43.79.393 United States vocational education
account—Warrants to be paid from general fund. From
and after the first day of August, 1957, all warrants drawn on
the United States vocational education account in the general
fund and not presented for payment shall be paid from the
general fund, and it shall be the duty of the state treasurer and
he is hereby directed to pay such warrants when presented
from the general fund. [1965 c 8 § 43.79.393. Prior: 1957 c
226 § 4.]
43.79.350
43.79.350 Suspense account. There is established in
the state treasury a special account to be known as the suspense account. All moneys which heretofore have been
deposited with the state treasurer in the state treasurer's suspense fund, and moneys hereafter received which are contingent on some future action, or which cover overpayments and
are to be refunded to the sender in part or whole, and any
other moneys of which the final disposition is not known,
shall be transmitted to the state treasurer and deposited in the
suspense account. [1985 c 57 § 40; 1981 2nd ex.s. c 4 § 6;
1965 c 8 § 43.79.350. Prior: 1955 c 226 § 1.]
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1981 2nd ex.s. c 4: See note following RCW 43.30.325.
43.79.370
43.79.370 Suspense account—Disbursements—
Vouchers—Warrants. Disbursement from the suspense
account (not to exceed receipts), shall be by warrant issued
against the account by the state treasurer, upon a properly
authenticated voucher presented by the state department or
(2004 Ed.)
43.79.400
43.79.400 State payroll revolving account, agency
payroll revolving fund—Created—Utilization. See
RCW 42.16.011.
43.79.405
43.79.405 Parks and parkways account abolished—
Funds transferred to general fund. The state parks and
parkways account created under section 43.79.330(15), chapter 8, Laws of 1965, is hereby abolished and all funds remaining therein at August 1, 1969, transferred to the state general
fund. [1969 c 99 § 4.]
Effective date—1969 c 99: The effective date of this section is July 1,
1969; see note following RCW 79A.05.070.
43.79.410
43.79.410 Legal services revolving fund—Created—
Purpose—Uses. See RCW 43.10.150 through 43.10.200.
43.79.420
43.79.420 Miscellaneous state funds—Moneys transferred to basic state general fund. All moneys to the credit
[Title 43 RCW—page 355]
43.79.421
Title 43 RCW: State Government—Executive
of the following state funds or accounts on the first day of
July, 1973, are hereby transferred to the basic state general
fund:
(1) Mass transit trust moneys;
(2) Probation services moneys;
(3) Columbia river gorge commission moneys;
(4) Washington state song proceeds moneys;
(5) Juvenile correction institution building construction
fund moneys. [1973 1st ex.s. c 59 § 3.]
Effective date—1973 1st ex.s. c 59: "This 1973 amendatory act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing public institutions, and
shall take effect on July 1, 1973." [1973 1st ex.s. c 59 § 7.]
shall be deposited in the general fund. [1980 c 32 § 1; 1933 c
123 § 1.]
Effective date—1980 c 32 § 1: "Section 1 of this act shall take effect
September 1, 1981." [1980 c 32 § 2.]
43.79.435
43.79.435 Investment reserve account abolished—
Deposit of moneys. The investment reserve account is
hereby abolished. All moneys in the investment reserve
account on *the effective date of this act shall be deposited in
the general fund. [1981 c 242 § 4.]
*Reviser's note: For "the effective date of this act," see note following
RCW 43.79.330.
Effective dates—1981 c 242: See note following RCW 43.79.330.
43.79.421
43.79.421 Miscellaneous state funds—Abolished.
From and after the first day of July, 1973, all funds from
which moneys are transferred to the basic state general fund
pursuant to subsections (1), (2), (4), and (5) of RCW
43.79.420 are abolished. [1973 1st ex.s. c 59 § 4.]
Effective date—1973 1st ex.s. c 59: See note following RCW
43.79.420.
43.79.422
43.79.422 Miscellaneous state funds—Warrants to
be paid from basic state general fund. From and after the
first day of July, 1973, all warrants drawn on any fund abolished by RCW 43.79.421 and not theretofore presented for
payment, shall be paid from the basic state general fund.
[1973 1st ex.s. c 59 § 5.]
Effective date—1973 1st ex.s. c 59: See note following RCW
43.79.420.
43.79.423
43.79.423 Miscellaneous state funds or accounts—
Moneys transferred to state general fund. All moneys to
the credit of the following state funds or accounts as of September 8, 1975 are transferred to the state general fund on
that date:
(1) The public school building construction account of
the general fund created under RCW 43.79.330; and
(2) The general administration construction fund in the
general fund created under *RCW 43.82.090. [1975 1st ex.s.
c 91 § 1.]
*Reviser's note: RCW 43.82.090 was repealed by 1994 c 219 § 20.
43.79.425
43.79.425 Current state school fund—Abolished—
Moneys transferred. On and after June 12, 1980, the current state school fund is abolished and the state treasurer shall
transfer any moneys in such account on such June 12, 1980,
or any moneys thereafter received for such account, to the
common school construction fund as referred to in RCW
28A.515.320. [1990 c 33 § 581; 1980 c 6 § 6.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1980 c 6: See note following RCW 28A.515.320.
43.79.430
43.79.430 Moneys from Inland Power & Light company to be deposited in general fund. All monies received
from the Inland Power & Light company, its successors and
assigns, in virtue of an agreement made and entered into
between said company and the State of Washington on
August 31, 1932, relating to a fish hatchery on Lewis river,
[Title 43 RCW—page 356]
43.79.440
43.79.440 Loan principal and interest fund. In order
to alleviate temporary cash flow deficiencies in the general
fund, it has been and will continue to be necessary to borrow
funds through issuance of certificates of indebtedness and to
pay interest costs on outstanding certificates of indebtedness
and to retire the principal thereof. In order to account for the
interest cost of the loans and to pay the principal thereof,
there is hereby created in the state treasury the loan principal
and interest fund. All principal and interest payments
required on certificates of indebtedness will be withdrawn
from any general state revenues in the treasury and deposited
in the loan principal and interest fund at the time or times
required by the terms thereof and such loan principal and
interest shall be paid from the loan principal and interest fund
according to the terms and schedules established for such certificates. [1983 c 189 § 8.]
Severability—1983 c 189: See note following RCW 82.24.260.
43.79.441
43.79.441 Transfer of moneys from certain school
bond and state building construction accounts and funds
to general fund—Payment of warrants. After July 24,
1983, all moneys to the credit of any fund or account
described in the sections being repealed by sections 1 and 4,
chapter 189, Laws of 1983 and all moneys thereafter paid to
the state treasurer for or to the credit of such fund or account
shall be transferred to the general fund. After July 24, 1983,
any warrant drawn on any fund or account described in the
sections being repealed by sections 1 and 4, chapter 189,
Laws of 1983 and not presented for payment shall be paid
from the general fund, and the state treasurer shall pay such
warrants when presented from the general fund. [1983 c 189
§ 5.]
Severability—1983 c 189: See note following RCW 82.24.260.
43.79.442
43.79.442 Transfer of moneys from certain highway
construction accounts and funds to general fund—Payment of warrants. After July 24, 1983, all moneys to the
credit of any fund or account described in the sections being
repealed by section 6, chapter 189, Laws of 1983 and all
moneys thereafter paid to the state treasurer for or to the
credit of such fund or account shall be transferred to the
motor vehicle fund. After July 24, 1983, any warrant drawn
on any fund or account described in the sections being
repealed by section 6, chapter 189, Laws of 1983 and not presented for payment shall be paid from the motor vehicle fund,
(2004 Ed.)
State Funds
and the state treasurer shall pay such warrants when presented from the motor vehicle fund. [1983 c 189 § 7.]
Severability—1983 c 189: See note following RCW 82.24.260.
43.79.445
43.79.445 Death investigations account—Disbursal.
There is established an account in the state treasury referred
to as the "death investigations account" which shall exist for
the purpose of receiving, holding, investing, and disbursing
funds appropriated or provided in RCW 70.58.107 and any
moneys appropriated or otherwise provided thereafter.
Moneys in the death investigations account shall be disbursed by the state treasurer once every year on December 31
and at any other time determined by the treasurer. The treasurer shall make disbursements to: The state toxicology laboratory, counties for the cost of autopsies, the University of
Washington to fund the state forensic pathology fellowship
program, the state patrol for providing partial funding for the
state dental identification system, the criminal justice training
commission for training county coroners, medical examiners
and their staff, and the state forensic investigations council.
Funds from the death investigations account may be appropriated during the 1997-99 biennium for the purposes of
statewide child mortality reviews administered by the department of health.
The University of Washington and the Washington state
forensic investigations council shall jointly determine the
yearly amount for the state forensic pathology fellowship
program established by RCW 28B.20.426. [1997 c 454 §
901; 1995 c 398 § 9; 1991 sp.s. c 13 § 21; 1991 c 176 § 4;
1986 c 31 § 2; 1985 c 57 § 41; 1983 1st ex.s. c 16 § 18.]
Severability—1997 c 454: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 454 § 1801.]
Effective date—1997 c 454: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 20, 1997]." [1997 c 454 § 1802.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1986 c 31: See note following RCW 28B.20.426.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—Effective date—1983 1st ex.s. c 16: See RCW
43.103.900 and 43.103.901.
43.79.465
with the legislative fiscal committees. Moneys deposited in
the subaccounts may be expended only on the authorization
of the agency's executive head or designee and only for the
purpose of one-time expenditures to improve the quality, efficiency, and effectiveness of services to customers of the state,
such as one-time expenditures for employee training,
employee incentives, technology improvements, new work
processes, or performance measurement. Funds may not be
expended from the account to establish new programs or services, expand existing programs or services, or incur ongoing
costs that would require future expenditures.
(3) For purposes of this section, "incentive savings"
means state general fund appropriations that are unspent as of
June 30th of a fiscal year, excluding any amounts included in
across-the-board reductions under RCW 43.88.110 and
excluding unspent appropriations for:
(a) Caseload and enrollment in entitlement programs,
except to the extent that an agency has clearly demonstrated
that efficiencies have been achieved in the administration of
the entitlement program. "Entitlement program," as used in
this section, includes programs for which specific sums of
money are appropriated for pass-through to third parties or
other entities;
(b) Enrollments in state institutions of higher education;
(c) A specific amount contained in a condition or limitation to an appropriation in the biennial appropriations act, if
the agency did not achieve the specific purpose or objective
of the condition or limitation;
(d) Debt service on state obligations; and
(e) State retirement system obligations.
(4) The office of fiscal [financial] management, after
consulting with the legislative fiscal committees, shall report
to the treasurer the amount of savings incentives achieved.
By December 1, 1998, and each December 1st thereafter, the
office of financial management shall submit a report to the
fiscal committees of the legislature on the implementation of
this section. The report shall (a) evaluate the impact of this
section on agency reversions and end-of-biennium expenditure patterns, and (b) itemize agency expenditures from the
savings recovery account. [1998 c 302 § 1; 1997 c 261 § 1.]
Effective date—1997 c 261: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 6, 1997]." [1997 c 261 § 3.]
43.79.455
43.79.455 Capitol purchase and development
account. The capitol purchase and development account is
hereby created in the state treasury. [1987 c 350 § 2.]
Effective date—1987 c 350: See note following RCW 79.90.245.
43.79.460
43.79.460 Savings incentive account—Report to legislative committees. (1) The savings incentive account is
created in the custody of the state treasurer. The account shall
consist of all moneys appropriated to the account by the legislature. The account is subject to the allotment procedures
under chapter 43.88 RCW, but no appropriation is required
for expenditures from the account.
(2) Within the savings incentive account, the state treasurer may create subaccounts to be credited with incentive
savings attributable to individual state agencies, as determined by the office of financial management in consultation
(2004 Ed.)
43.79.465
43.79.465 Education savings account. The education
savings account is created in the state treasury. The account
shall consist of all moneys appropriated to the account by the
legislature.
(1) Ten percent of legislative appropriations to the education savings account shall be distributed as follows: (a)
Fifty percent to the distinguished professorship trust fund
under RCW 28B.76.565; (b) seventeen percent to the graduate fellowship trust fund under RCW 28B.76.610; and (c)
thirty-three percent to the college faculty awards trust fund
under RCW 28B.50.837.
(2) The remaining moneys in the education savings
account may be appropriated solely for (a) common school
construction projects that are eligible for funding from the
common school construction account, (b) technology
improvements in the common schools, and (c) during the
[Title 43 RCW—page 357]
43.79.470
Title 43 RCW: State Government—Executive
2001-03 fiscal biennium, technology improvements in public
higher education institutions. [2004 c 275 § 64; 2001 2nd
sp.s. c 7 § 917; 1998 c 302 § 2; 1997 c 261 § 2. Formerly
RCW 28A.305.235.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Effective date—1997 c 261: See note following RCW 43.79.460.
Chapter 43.79A
Chapter 43.79A RCW
TREASURER'S TRUST FUND
Sections
43.79A.010 Purpose.
43.79A.020 Treasurer's trust fund—Created—Nontreasury trust funds to
be placed in—Exceptions.
43.79A.030 Segregation—Withdrawals.
43.79A.040 Management—Income—Investment income account—Distribution.
Investment accounting: RCW 43.33A.180.
43.79.470
43.79.470 State patrol nonappropriated airplane
revolving account. The state patrol nonappropriated airplane revolving account is created in the custody of the state
treasurer. All receipts from aircraft user fees paid by other
agencies and private users as reimbursement for the use of the
patrol's aircraft that are primarily for purposes other than
highway patrol must be deposited into the account. Expenditures from the account may be used only for expenses related
to these aircraft. Only the chief of the Washington state
patrol or the chief's designee may authorize expenditures
from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2003 c 360 § 1501.]
Severability—2003 c 360: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 360 § 1502.]
Effective date—2003 c 360: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 19, 2003]." [2003 c 360 § 1503.]
43.79.480
43.79.480 Tobacco settlement account—Tobacco
prevention and control account. (1) Moneys received by
the state of Washington in accordance with the settlement of
the state's legal action against tobacco product manufacturers, exclusive of costs and attorneys' fees, shall be deposited
in the tobacco settlement account created in this section
except as these moneys are sold or assigned under chapter
43.340 RCW.
(2) The tobacco settlement account is created in the state
treasury. Moneys in the tobacco settlement account may only
be transferred to the health services account for the purposes
set forth in RCW 43.72.900, and to the tobacco prevention
and control account for purposes set forth in this section.
(3) The tobacco prevention and control account is created in the state treasury. The source of revenue for this
account is moneys transferred to the account from the
tobacco settlement account, investment earnings, donations
to the account, and other revenues as directed by law. Expenditures from the account are subject to appropriation. [2002
c 365 § 15; 1999 c 309 § 927.]
Captions not law—Severability—Effective date—2002 c 365: See
RCW 43.340.900 through 43.340.902.
Effective dates—1999 c 309 §§ 927-929, 931, and 1101-1902: "(1)
Sections 927, 928, 931, and 1101 through 1902 of this act are necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and take effect
immediately [May 14, 1999].
(2) Section 929 of this act takes effect September 1, 2000." [1999 c
309 § 2002.]
Severability—1999 c 309: See note following RCW 41.06.152.
[Title 43 RCW—page 358]
43.79A.010
43.79A.010 Purpose. This chapter shall apply to all
trust funds which are in the official custody of the state treasurer but are not required by law to be maintained in the state
treasury. The purpose of this chapter is to establish a system
for the centralized management, protection and control of
such funds, hereinafter referred to as nontreasury trust funds,
and to assure their investment in such a manner as to realize
the maximum possible return consistent with safe and prudent fiscal management. [1973 1st ex.s. c 15 § 1.]
43.79A.020
43.79A.020 Treasurer's trust fund—Created—Nontreasury trust funds to be placed in—Exceptions. There is
created a trust fund outside the state treasury to be known as
the "treasurer's trust fund." All nontreasury trust funds which
are in the custody of the state treasurer on April 10, 1973,
shall be placed in the treasurer's trust fund and be subject to
the terms of this chapter. Funds of the state department of
transportation shall be placed in the treasurer's trust fund only
if mutually agreed to by the state treasurer and the department. In order to assure an orderly transition to a centralized
management system, the state treasurer may place each of
such trust funds in the treasurer's trust fund at such times as
he deems advisable. Except for department of transportation
trust funds, all such funds shall be incorporated in the treasurer's trust fund by June 30, 1975. Other funds in the custody
of state officials or state agencies may, upon their request, be
established as accounts in the treasurer's trust fund with the
discretionary concurrence of the state treasurer. All income
received from the treasurer's trust fund investments shall be
deposited in the investment income account pursuant to
RCW 43.79A.040. [1991 sp.s. c 13 § 81; 1984 c 7 § 47; 1973
1st ex.s. c 15 § 2.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1984 c 7: See note following RCW 47.01.141.
43.79A.030
43.79A.030 Segregation—Withdrawals. The state
treasurer shall be responsible for maintaining segregated
accounts of moneys of each fund which is deposited in the
treasurer's trust fund. Except as provided by law, all money
deposited in the treasurer's trust fund shall be held in trust by
the state treasurer and may be withdrawn only upon the order
of the depositing agency or its disbursing officer. [1973 1st
ex.s. c 15 § 3.]
43.79A.040
43.79A.040 Management—Income—Investment
income account—Distribution. (1) Money in the treasurer's
trust fund may be deposited, invested, and reinvested by the
state treasurer in accordance with RCW 43.84.080 in the
(2004 Ed.)
Fiscal Agencies
same manner and to the same extent as if the money were in
the state treasury.
(2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income
account.
(3) The investment income account may be utilized for
the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income
account is subject in all respects to chapter 43.88 RCW, but
no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings
set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the
earnings credited to the investment income account to the
state general fund except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The Washington
promise scholarship account, the college savings program
account, the Washington advanced college tuition payment
program account, the agricultural local fund, the American
Indian scholarship endowment fund, the students with dependents grant account, the basic health plan self-insurance
reserve account, the contract harvesting revolving account,
the Washington state combined fund drive account, the
Washington international exchange scholarship endowment
fund, the developmental disabilities endowment trust fund,
the energy account, the fair fund, the fruit and vegetable
inspection account, the future teachers conditional scholarship account, the game farm alternative account, the grain
inspection revolving fund, the juvenile accountability incentive account, the law enforcement officers' and fire fighters'
plan 2 expense fund, the local tourism promotion account, the
produce railcar pool account, the rural rehabilitation account,
the stadium and exhibition center account, the youth athletic
facility account, the self-insurance revolving fund, the sulfur
dioxide abatement account, the children's trust fund, the
Washington horse racing commission Washington bred owners' bonus fund account, the Washington horse racing commission class C purse fund account, and the Washington
horse racing commission operating account (earnings from
the Washington horse racing commission operating account
must be credited to the Washington horse racing commission
class C purse fund account). However, the earnings to be distributed shall first be reduced by the allocation to the state
treasurer's service fund pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive
eighty percent of their proportionate share of earnings based
upon each account's or fund's average daily balance for the
period: The advanced right of way revolving fund, the
advanced environmental mitigation revolving account, the
city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy
vehicle account, the local rail service assistance account, and
the miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state
Constitution, no trust accounts or funds shall be allocated
earnings without the specific affirmative directive of this sec(2004 Ed.)
Chapter 43.80
tion. [2004 c 246 § 8; 2004 c 58 § 10. Prior: 2003 c 403 § 9;
2003 c 313 § 10; 2003 c 191 § 7; 2003 c 148 § 15; 2003 c 92
§ 8; 2003 c 19 § 12; prior: 2002 c 322 § 5; 2002 c 204 § 7;
2002 c 61 § 6; prior: 2001 c 201 § 4; 2001 c 184 § 4; 2000 c
79 § 45; prior: 1999 c 384 § 8; 1999 c 182 § 2; 1998 c 268 §
1; prior: 1997 c 368 § 8; 1997 c 289 § 13; 1997 c 220 § 221
(Referendum Bill No. 48, approved June 17, 1997); 1997 c
140 § 6; 1997 c 94 § 3; 1996 c 253 § 409; prior: 1995 c 394
§ 2; 1995 c 365 § 1; prior: 1993 sp.s. c 8 § 2; 1993 c 500 § 5;
1991 sp.s. c 13 § 82; 1973 1st ex.s. c 15 § 4.]
Reviser's note: This section was amended by 2004 c 58 § 10 and by
2004 c 246 § 8, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2004 c 246: See note following RCW 67.16.270.
Intent—2003 c 403: See RCW 70.210.010.
Findings—Severability—2003 c 313: See notes following RCW
79.15.500.
Severability—Effective date—2003 c 92: See RCW 41.26.905 and
41.26.906.
Finding—Intent—Short title—Captions not law—2003 c 19: See
RCW 28B.133.005, 28B.133.900, and 28B.133.901.
Effective date—2002 c 322: See note following RCW 15.17.240.
Effective date—2002 c 204: See RCW 28B.119.900.
Effective date—Severability—2000 c 79: See notes following RCW
48.04.010.
Intent—Captions not law—1999 c 384: See notes following RCW
43.330.200.
Findings—Intent—Rules adoption—Severability—Effective date—
1997 c 368: See notes following RCW 82.08.810.
Referendum—Other legislation limited—Legislators' personal
intent not indicated—Reimbursements for election—Voters' pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Intent—1997 c 140: See note following RCW 47.12.330.
Effective date—1997 c 94: See note following RCW 47.04.210.
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
Effective date—1995 c 394: See note following RCW 43.84.092.
Effective date—1995 c 365: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1,
1995." [1995 c 365 § 2.]
Effective date—Application—1993 sp.s. c 8: See note following
RCW 43.84.092.
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Chapter 43.80
Chapter 43.80 RCW
FISCAL AGENCIES
Sections
43.80.100
43.80.110
43.80.120
43.80.125
43.80.130
Definitions.
Appointment of fiscal agencies—Location—Places for payment of bonds.
Designation of fiscal agencies—Qualifications—Duration of
designation—Compensation.
Appointment of fiscal agencies in connection with registered
bonds—Contracting of services.
Receipts—Payment procedure—Cremation—Certificate of
destruction.
[Title 43 RCW—page 359]
43.80.100
43.80.140
43.80.150
43.80.160
43.80.900
Title 43 RCW: State Government—Executive
Notice of establishment of fiscal agencies—Publication—
Bonds and coupons paid at fiscal agencies.
Treasurers not responsible for funds remitted.
Return of funds remitted to redeem bonds and coupons which
remain unredeemed.
Effective date—1969 ex.s. c 80.
Highway bonds, registration: Chapter 47.10 RCW.
Registration of bonds with, fee: RCW 39.44.130.
State treasurer, fiscal agent of the state: RCW 43.08.090.
Trust companies, power to act as fiscal agent for public bodies: RCW
30.08.150.
43.80.100
43.80.100 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly indicates otherwise.
(1) "Fiscal agencies" means those banks or trust companies as designated in RCW 43.80.110 and 43.80.120.
(2) "Subdivision" means governmental agencies, counties, cities and towns, metropolitan municipal corporations,
port districts, school districts, townships, public colleges and
universities, public community colleges, municipal corporations, quasi municipal corporations, and all other such governmental agencies authorized to borrow and issue tenders of
indebtedness therefor. Subdivision does not mean housing
authorities and public utility districts.
(3) "Cremation" means the destruction of canceled bonds
or coupons by any approved method, including but not limited to, cremation facilities, incineration facilities, shredding
facilities, or dissolving in acid facilities. [1984 c 7 § 48; 1969
ex.s. c 80 § 1.]
finance committee shall designate fiscal agencies by any
method deemed appropriate to the best interests of this state
and its subdivisions.
The state finance committee shall make duplicate certificates of such designations, cause them to be attested under
the seal of the state, and file one copy of each certification in
the office of the secretary of state and transmit the other to the
bank or trust company designated.
The banks or trust companies so designated shall continue to be such fiscal agencies for the term of four years from
and after the filing of the certificate of its designation, and
thereafter until the designation of other banks or trust companies as such fiscal agencies.
Until successors have been appointed, the banks or trust
companies named shall act as the fiscal agencies of the state
of Washington in accordance with such terms as shall be
agreed upon between the state finance committee and the fiscal agencies so designated. The manner and amount of compensation of the fiscal agents shall be matters specifically left
for the state finance committee to determine.
If no such banks or trust companies are willing to accept
appointment as fiscal agencies, or if the state finance committee considers unsatisfactory the terms under which such
banks or trust companies are willing so to act, the bonds and
bond interest coupons normally payable at the fiscal agency,
shall thereupon become payable at the state treasury or at the
office of the treasurer or fiscal officer of the subdivision concerned, as the case may be. [1969 ex.s. c 80 § 3.]
Severability—1984 c 7: See note following RCW 47.01.141.
43.80.125
43.80.110
43.80.110 Appointment of fiscal agencies—Location—Places for payment of bonds. Fiscal agencies shall
be appointed for the payment of bonds and any coupons
issued by this state or by any subdivision thereof. The
appointed fiscal agencies may be located in any major city of
the country. No bonds hereafter issued by this state or by any
affected subdivision thereof, shall be by their terms made
payable at a specific place other than: (1) The office of the
designated fiscal agencies; (2) offices of the state or local
treasurers or fiscal offices of any affected subdivision; or (3)
the offices of trustees if provided for in the indenture, as provided for by the terms of the bonds. As used in this chapter,
bonds do not include short-term obligations. Fiscal agencies
may be authorized to register bonds in accordance with RCW
39.46.030.
Bonds and any coupons of subdivisions may be paid at
one or more of the state's fiscal agents and/or at the office of
the state treasurer or offices of local treasurers as provided for
in the terms of the bonds. [1983 c 167 § 117; 1982 c 216 § 1;
1969 ex.s. c 80 § 2.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Issuance of short-term obligations by municipal corporations: Chapter
39.50 RCW.
43.80.120
43.80.120 Designation of fiscal agencies—Qualifications—Duration of designation—Compensation. The
state finance committee shall designate responsible banks or
trust companies as fiscal agencies, each having a paid-up capital and surplus of not less than five million dollars. The state
[Title 43 RCW—page 360]
43.80.125 Appointment of fiscal agencies in connection with registered bonds—Contracting of services. (1)
The fiscal agencies designated pursuant to RCW 43.80.110
and 43.80.120 may be appointed by the state treasurer or a
local treasurer to act as registrar, authenticating agent, transfer agent, paying agent, or other agent in connection with the
issuance by the state or local government of registered bonds
or other obligations pursuant to a system of registration as
provided by RCW 39.46.030 and may establish and maintain
on behalf of the state or local government a central depository
system for the transfer or pledge of bonds or other obligations. The term "local government" shall be as defined in
RCW 39.46.020.
(2) Whenever in the judgment of the fiscal agencies, certain services as registrar, authenticating agent, transfer agent,
paying agent, or other agent in connection with the establishment and maintenance of a central depository system for the
transfer or pledge of registered public obligations, or in connection with the issuance by any public entity of registered
public obligations pursuant to a system of registration as provided in chapter 39.46 RCW, can be secured from private
sources more economically than by carrying out such duties
themselves, they may contract out all or any of such services
to such private entities as such fiscal agencies deem capable
of carrying out such duties in a responsible manner. [1995 c
38 § 10; 1994 c 301 § 14; 1985 c 84 § 3; 1983 c 167 § 11.]
Acts of municipal officers ratified and confirmed—1995 c 38: See
note following RCW 3.02.045.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
(2004 Ed.)
State-Owned Living Facilities
43.80.130
43.80.130 Receipts—Payment procedure—Cremation—Certificate of destruction. The fiscal agencies, on
the receipt of any moneys transmitted to them by or for this
state, or for any affected subdivision, for the purpose of paying therewith any of its bonds or coupons by their terms made
payable at the situs of the state of Washington fiscal agencies,
shall transmit forthwith to the sender of such moneys a proper
receipt therefor; pay such bonds or coupons upon presentation thereof for payment at the office of the fiscal agencies at
or after the maturity thereof, in the order of their presentation
insofar as the moneys received for that purpose suffice therefor; and cancel all such bonds and coupons upon payment
thereof, and thereupon forthwith return the same to the proper
officers of this state or affected subdivisions which issued
them; and, concerning the same, report to the state and/or
affected subdivision within thirty days following a maturity
date the amount of bonds and coupons presented and paid to
that date: PROVIDED, That nothing herein shall prevent the
state or any of the subdivisions thereof from designating its
fiscal agencies, or the trustee of any revenue bond issue, or
both, also as its agencies for cremation and to provide by
agreement therewith, that after one year any general or revenue obligation bonds or interest coupons that have been canceled or paid, may be destroyed as directed by the proper
officers of the state or other subdivisions hereinbefore mentioned: PROVIDED FURTHER, That a certificate of
destruction giving full descriptive reference to the instruments destroyed shall be made by the person or persons
authorized to perform such destruction and one copy of the
certificate shall be filed with the treasurer of the state or local
subdivisions as applicable. Whenever said treasurer has
redeemed any of the bonds or coupons referred to in this section through his local office, or whenever such redemption
has been performed by the trustee of any revenue bond issue,
and the canceled instruments or certificates of transmittal
thereafter have been forwarded to said treasurer for recording, such canceled instruments may be forwarded to the fiscal
agents designated as agents for cremation for destruction pursuant to any agreements therefor, or said treasurer may, notwithstanding any provision of state statute to the contrary,
himself destroy such canceled instruments in the presence of
the public officers or boards or their authorized representatives, which by law perform the auditing functions within the
state or such political subdivisions as hereinbefore specified:
PROVIDED, That he and the said auditing officers or boards
shall execute a certificate of destruction, giving full descriptive reference to the instruments destroyed, which certificates
shall be filed with those of the agencies for cremation herein
designated. No certificate required by this section shall be
destroyed until all of the bonds and coupons of the issue or
series described thereon shall have matured and been paid or
canceled. [1969 ex.s. c 80 § 4.]
43.80.140
43.80.140 Notice of establishment of fiscal agencies—
Publication—Bonds and coupons paid at fiscal agencies.
The state finance committee shall, immediately after the
establishment of fiscal agencies, publish a notice thereof,
once a week for two consecutive weeks, in some financial
newspaper of general circulation in cities designated as headquarters of the fiscal agents. All bonds and coupons of this
state or of any affected subdivision thereafter issued shall be
(2004 Ed.)
43.81.020
paid at the designated fiscal agencies or at such other place as
allowed by law and provided for in the bonds. [1969 ex.s. c
80 § 5.]
43.80.150 Treasurers not responsible for funds
remitted. Neither the state treasurer nor the treasurer or
other fiscal officer of any subdivision thereof shall be held
responsible for funds remitted to the fiscal agencies. [1969
ex.s. c 80 § 6.]
43.80.150
43.80.160 Return of funds remitted to redeem bonds
and coupons which remain unredeemed. Upon the written
request of the state or local treasurer, after a period of one
year after the last legal payment date on matured bonds of the
state of Washington and of its subdivisions, the funds remitted to fiscal agencies to redeem coupons and bonds which are
subsequently unredeemed by the holders of the bonds and
coupons, shall herewith be returned to the state treasurer or
the local treasurer as the case may be. The state or local treasurer shall remain obligated for the final redemption of the
unredeemed bonds or coupons. [1969 ex.s. c 80 § 7.]
43.80.160
43.80.900 Effective date—1969 ex.s. c 80. This act
shall take effect on April 1, 1971, or at such time that the
present fiscal agent agreement, contracted through April 1,
1971, is abrogated. [1969 ex.s. c 80 § 8.]
43.80.900
Chapter 43.81
Chapter 43.81 RCW
STATE-OWNED LIVING FACILITIES
Sections
43.81.010
43.81.020
43.81.030
43.81.040
Legislative declaration.
Availability of state-owned or leased living facilities.
Rent—Custodial housekeeping—Damages.
Maintenance in safe, healthful condition.
43.81.010 Legislative declaration. The legislature recognizes that significant benefits accrue to the state and that
certain types of state operations are more efficient when personnel services are available on an extended basis. Such
operations include certain types of facilities managed by
agencies such as the departments of natural resources, corrections, fish and wildlife, social and health services, transportation, and veterans affairs, and the parks and recreation commission.
The means of assuring that such personnel are available
on an extended basis is through the establishment of on-site
state-owned or leased living facilities. The legislature also
recognizes the restrictions and hardship placed upon those
personnel who are required to reside in such state-owned or
leased living facilities in order to provide extended personnel
services.
The legislature further recognizes that there are instances
where it is to the benefit of the state to have state-owned or
leased living facilities occupied even though such occupancy
is not required by the agency as a condition of employment.
[1994 c 264 § 27; 1988 c 36 § 19; 1985 c 463 § 1.]
43.81.010
43.81.020
43.81.020 Availability of state-owned or leased living
facilities. (1) Whenever an agency requires that an employee
reside in state-owned or leased living facilities as a condition
[Title 43 RCW—page 361]
43.81.030
Title 43 RCW: State Government—Executive
of employment, such living facilities shall be made available
to the employee under the conditions set forth in RCW
43.81.030 and 43.81.040.
(2) Whenever an agency determines that (a) a living
facility owned or leased by the agency is not occupied by
employees under subsection (1) of this section and (b) it
would be to the agency's benefit to have the facility occupied
by an employee of the agency whose duties involve extended
personnel services associated with the work site upon which
the living facility is located or at work site near to where the
living facility is located, the agency may make the facility
available to such employee.
(3) Whenever an agency determines that (a) a living
facility owned or leased by the agency is not occupied by
employees under subsection (1) of this section and (b) the
facility has been made available to employees under subsection (2) of this section and that no such employees have opted
to reside in the facility, the agency may make the facility
available for occupancy to other interested parties. [1985 c
463 § 2.]
43.81.030
43.81.030 Rent—Custodial housekeeping—Damages. (1) No rent may be charged to persons living in facilities provided under RCW 43.81.020(1). Such employees
shall pay the costs of utilities associated with the living facility.
(2) Any person occupying state-owned or leased living
facilities shall do so with the understanding that he or she
assumes custodial housekeeping responsibility as directed by
the agency. Such responsibility shall not include maintenance, repairs, or improvements to the facilities. An occupant
of a state-owned or leased facility is liable for damages to the
facility in excess of normal wear and tear. [1989 c 11 § 16;
1985 c 463 § 3.]
Severability—1989 c 11: See note following RCW 9A.56.220.
43.81.040
43.81.040 Maintenance in safe, healthful condition.
The state shall maintain living facilities occupied under RCW
43.81.020 in a safe, healthful condition. [1985 c 463 § 4.]
Chapter 43.82
Chapter 43.82 RCW
STATE AGENCY HOUSING
Sections
43.82.010
43.82.020
43.82.030
43.82.110
43.82.120
43.82.125
43.82.130
43.82.140
43.82.150
43.82.160
Acquisition, lease, and disposal of real estate for state agencies—Long-range planning—Use of lease as collateral or
security—Colocation and consolidation—Studies—Delegation of functions—Exemptions.
Approval by capitol committee when real estate located in
Thurston county.
Acquisition of property and rights declared public use—Eminent domain.
Lease of space—Surplus space.
General administration services account—Rental income.
Authorized uses for general administration services account.
Powers and duties of director.
Insurance on buildings.
Inventory of state-owned or leased facilities—Report.
Plant operation and support program—Information and technical assistance—Voluntary charges and fees.
Agricultural commodity commissions exempt: RCW 15.04.200.
43.82.010
43.82.010 Acquisition, lease, and disposal of real
estate for state agencies—Long-range planning—Use of
[Title 43 RCW—page 362]
lease as collateral or security—Colocation and consolidation—Studies—Delegation of functions—Exemptions.
(1) The director of general administration, on behalf of the
agency involved, shall purchase, lease, lease purchase, rent,
or otherwise acquire all real estate, improved or unimproved,
as may be required by elected state officials, institutions,
departments, commissions, boards, and other state agencies,
or federal agencies where joint state and federal activities are
undertaken and may grant easements and transfer, exchange,
sell, lease, or sublease all or part of any surplus real estate for
those state agencies which do not otherwise have the specific
authority to dispose of real estate. This section does not
transfer financial liability for the acquired property to the
department of general administration.
(2) Except for real estate occupied by federal agencies,
the director shall determine the location, size, and design of
any real estate or improvements thereon acquired or held pursuant to subsection (1) of this section. Facilities acquired or
held pursuant to this chapter, and any improvements thereon,
shall conform to standards adopted by the director and
approved by the office of financial management governing
facility efficiency unless a specific exemption from such
standards is provided by the director of general administration. The director of general administration shall report to the
office of financial management annually on any exemptions
granted pursuant to this subsection.
(3) The director of general administration may fix the
terms and conditions of each lease entered into under this
chapter, except that no lease shall extend greater than twenty
years in duration. The director of general administration may
enter into a long-term lease greater than ten years in duration
upon a determination by the director of the office of financial
management that the long-term lease provides a more favorable rate than would otherwise be available, it appears to a
substantial certainty that the facility is necessary for use by
the state for the full length of the lease term, and the facility
meets the standards adopted pursuant to subsection (2) of this
section. The director of general administration may enter
into a long-term lease greater than ten years in duration if an
analysis shows that the life-cycle cost of leasing the facility is
less than the life-cycle cost of purchasing or constructing a
facility in lieu of leasing the facility. For the 2003-05 biennium, any lease entered into after April 1, 2004, with a term
of ten years or less shall not contain a nonappropriation
clause.
(4) Except as permitted under chapter 39.94 RCW, no
lease for or on behalf of any state agency may be used or
referred to as collateral or security for the payment of securities offered for sale through a public offering. Except as permitted under chapter 39.94 RCW, no lease for or on behalf of
any state agency may be used or referred to as collateral or
security for the payment of securities offered for sale through
a private placement without the prior written approval of the
state treasurer. However, this limitation shall not prevent a
lessor from assigning or encumbering its interest in a lease as
security for the repayment of a promissory note provided that
the transaction would otherwise be an exempt transaction
under RCW 21.20.320. The state treasurer shall adopt rules
that establish the criteria under which any such approval may
be granted. In establishing such criteria the state treasurer
shall give primary consideration to the protection of the
(2004 Ed.)
State Agency Housing
state's credit rating and the integrity of the state's debt management program. If it appears to the state treasurer that any
lease has been used or referred to in violation of this subsection or rules adopted under this subsection, then he or she
may recommend that the governor cause such lease to be terminated. The department of general administration shall
promptly notify the state treasurer whenever it may appear to
the department that any lease has been used or referred to in
violation of this subsection or rules adopted under this subsection.
(5) It is the policy of the state to encourage the colocation
and consolidation of state services into single or adjacent
facilities, whenever appropriate, to improve public service
delivery, minimize duplication of facilities, increase efficiency of operations, and promote sound growth management planning.
(6) The director of general administration shall provide
coordinated long-range planning services to identify and
evaluate opportunities for colocating and consolidating state
facilities. Upon the renewal of any lease, the inception of a
new lease, or the purchase of a facility, the director of general
administration shall determine whether an opportunity exists
for colocating the agency or agencies in a single facility with
other agencies located in the same geographic area. If a colocation opportunity exists, the director of general administration shall consult with the affected state agencies and the
office of financial management to evaluate the impact colocation would have on the cost and delivery of agency programs, including whether program delivery would be
enhanced due to the centralization of services. The director
of general administration, in consultation with the office of
financial management, shall develop procedures for implementing colocation and consolidation of state facilities.
(7) The director of general administration is authorized
to purchase, lease, rent, or otherwise acquire improved or
unimproved real estate as owner or lessee and to lease or sublet all or a part of such real estate to state or federal agencies.
The director of general administration shall charge each
using agency its proportionate rental which shall include an
amount sufficient to pay all costs, including, but not limited
to, those for utilities, janitorial and accounting services, and
sufficient to provide for contingencies; which shall not
exceed five percent of the average annual rental, to meet
unforeseen expenses incident to management of the real
estate.
(8) If the director of general administration determines
that it is necessary or advisable to undertake any work, construction, alteration, repair, or improvement on any real estate
acquired pursuant to subsection (1) or (7) of this section, the
director shall cause plans and specifications thereof and an
estimate of the cost of such work to be made and filed in his
or her office and the state agency benefiting thereby is hereby
authorized to pay for such work out of any available funds:
PROVIDED, That the cost of executing such work shall not
exceed the sum of twenty-five thousand dollars. Work, construction, alteration, repair, or improvement in excess of
twenty-five thousand dollars, other than that done by the
owner of the property if other than the state, shall be performed in accordance with the public works law of this state.
(9) In order to obtain maximum utilization of space, the
director of general administration shall make space utiliza(2004 Ed.)
43.82.020
tion studies, and shall establish standards for use of space by
state agencies. Such studies shall include the identification of
opportunities for colocation and consolidation of state agency
office and support facilities.
(10) The director of general administration may construct new buildings on, or improve existing facilities, and
furnish and equip, all real estate under his or her management. Prior to the construction of new buildings or major
improvements to existing facilities or acquisition of facilities
using a lease purchase contract, the director of general
administration shall conduct an evaluation of the facility
design and budget using life-cycle cost analysis, value-engineering, and other techniques to maximize the long-term
effectiveness and efficiency of the facility or improvement.
(11) All conveyances and contracts to purchase, lease,
rent, transfer, exchange, or sell real estate and to grant and
accept easements shall be approved as to form by the attorney
general, signed by the director of general administration or
the director's designee, and recorded with the county auditor
of the county in which the property is located.
(12) The director of general administration may delegate
any or all of the functions specified in this section to any
agency upon such terms and conditions as the director deems
advisable.
(13) This section does not apply to the acquisition of real
estate by:
(a) The state college and universities for research or
experimental purposes;
(b) The state liquor control board for liquor stores and
warehouses; and
(c) The department of natural resources, the department
of fish and wildlife, the department of transportation, and the
state parks and recreation commission for purposes other
than the leasing of offices, warehouses, and real estate for
similar purposes.
(14) Notwithstanding any provision in this chapter to the
contrary, the department of general administration may negotiate ground leases for public lands on which property is to be
acquired under a financing contract pursuant to chapter 39.94
RCW under terms approved by the state finance committee.
[2004 c 277 § 906; 1997 c 117 § 1. Prior: 1994 c 264 § 28;
1994 c 219 § 7; 1990 c 47 § 1; 1988 c 36 § 20; 1982 c 41 § 1;
1969 c 121 § 1; 1967 c 229 § 1; 1965 c 8 § 43.82.010; prior:
1961 c 184 § 1; 1959 c 255 § 1.]
Severability—Effective dates—2004 c 277: See notes following
RCW 89.08.550.
Finding—1994 c 219: See note following RCW 43.88.030.
Effective dates—1982 c 41: "This act shall take effect July 1, 1982,
with the exception of section 2 of this act, which shall take effect July 1,
1983." [1982 c 41 § 3.]
Departments to share occupancy costs—Capital projects surcharge: RCW
43.01.090.
East capitol site, acquisition and development: RCW 79.24.500 through
79.24.530.
Public works: Chapter 39.04 RCW.
Use of general administration services account in acquiring real estate:
RCW 43.19.500.
43.82.020
43.82.020 Approval by capitol committee when real
estate located in Thurston county. The acquisition of real
estate, and use thereof, shall be subject to the approval of the
[Title 43 RCW—page 363]
43.82.030
Title 43 RCW: State Government—Executive
state capitol committee when the real estate is located in
Thurston county. [1965 c 8 § 43.82.020. Prior: 1961 c 184 §
2; 1959 c 255 § 2.]
43.82.140
43.82.140 Insurance on buildings. The director may,
in his discretion, obtain fire or other hazard insurance on any
building under his management. [1965 c 8 § 43.82.140.
Prior: 1961 c 184 § 7.]
43.82.030
43.82.030 Acquisition of property and rights
declared public use—Eminent domain. The acquisition of
any real property or any rights or interests therein for the purpose of this chapter is hereby declared to be for a public use.
In furtherance of the purposes of this chapter, the right of
eminent domain may be exercised as provided for in chapter
8.04 RCW. [1965 c 8 § 43.82.030. Prior: 1959 c 255 § 3.]
43.82.110
43.82.110 Lease of space—Surplus space. All office
or other space made available through the provisions of this
chapter shall be leased by the director to such state or federal
agencies, for such rental, and on such terms and conditions as
he or she deems advisable: PROVIDED, HOWEVER, If
space becomes surplus, the director is authorized to lease
office or other space in any project to any person, corporation
or body politic, for such period as the director shall determine
said space is surplus, and upon such other terms and conditions as he or she may prescribe. [1994 c 219 § 13; 1969 c
121 § 2; 1965 c 8 § 43.82.110. Prior: 1961 c 184 § 4; 1959 c
255 § 11.]
Finding—1994 c 219: See note following RCW 43.88.030.
43.82.120
43.82.120 General administration services account—
Rental income. All rental income collected by the department of general administration from rental of state buildings
shall be deposited in the general administration services
account. [1998 c 105 § 14; 1994 c 219 § 14; 1965 c 8 §
43.82.120. Prior: 1961 c 184 § 5; 1959 c 255 § 12.]
Effective date—1998 c 105: See note following RCW 43.19.025.
Finding—1994 c 219: See note following RCW 43.88.030.
43.82.125
43.82.125 Authorized uses for general administration services account. The general administration services
account shall be used to pay all costs incurred by the department in the operation of real estate managed under the terms
of this chapter. Moneys received into the general administration services account shall be used to pay rent to the owner of
the space for occupancy of which the charges have been
made and to pay utility and operational costs of the space utilized by the occupying agency: PROVIDED, That moneys
received into the account for occupancy of space owned by
the state where utilities and other operational costs are covered by appropriation to the department of general administration shall be immediately transmitted to the general fund.
[1998 c 105 § 15; 1965 c 8 § 43.82.125. Prior: 1961 c 184 §
6.]
Effective date—1998 c 105: See note following RCW 43.19.025.
43.82.130
43.82.130 Powers and duties of director. The director
of the department of general administration is authorized to
do all acts and things necessary or convenient to carry out the
powers and duties expressly provided in this chapter. [1965
c 8 § 43.82.130. Prior: 1959 c 255 § 13.]
[Title 43 RCW—page 364]
43.82.150
43.82.150 Inventory of state-owned or leased facilities—Report. (1) The office of financial management shall
develop and maintain an inventory system to account for all
owned or leased facilities utilized by state government. At a
minimum, the inventory system must include the location,
type, condition, and size of each facility. In addition, for
owned facilities, the inventory system must include the date
and cost of original construction and the cost of any major
remodeling or renovation. The inventory must be updated by
June 30 of each year. The office of financial management
shall publish a report summarizing information contained in
the inventory system for each agency by October 1 of each
year, beginning in 1997.
(2) All agencies, departments, boards, commissions, and
institutions of the state of Washington shall provide to the
office of financial management a complete inventory of
owned and leased facilities by May 30, 1994. The inventory
must be updated and submitted to the office of financial management by May 30 of each subsequent year. The inventories
required under this subsection must be submitted in a standard format prescribed by the office of financial management.
(3) For the purposes of this section, "facilities" means
buildings and other structures with walls and a roof. "Facilities" does not mean roads, bridges, parking areas, utility systems, and other similar improvements to real property. [1997
c 96 § 2; 1993 c 325 § 1.]
Findings—Purpose—1997 c 96: "The legislature finds that the capital
stock of facilities owned by state agencies represents a significant financial
investment by the citizens of the state of Washington, and that providing
agencies with the tools and incentives needed to adequately maintain state
facilities is critically important to realizing the full value of this investment.
The legislature also finds that ongoing reporting of facility inventory, condition, and maintenance information by agencies will improve accountability
and assist in the evaluation of budget requests and facility management by
the legislature and governor. The purpose of this act is to ensure that recent
enhancements to facility and maintenance reporting systems implemented by
the office of financial management, and a new program created by the
department of general administration to provide maintenance information
and technical assistance to state and local agencies, are sustained into the
future." [1997 c 96 § 1.]
Historic properties: RCW 27.34.310.
43.82.160
43.82.160 Plant operation and support program—
Information and technical assistance—Voluntary
charges and fees. The department of general administration
shall provide information, technical assistance, and consultation on physical plant operation and maintenance issues to
state and local governments through the operation of a plant
operation and support program. The program shall be funded
by voluntary subscription charges and service fees. [1997 c
96 § 3.]
Findings—Purpose—1997 c 96: See note following RCW 43.82.150.
(2004 Ed.)
Capital Improvements
Chapter 43.83
Chapter 43.83 RCW
CAPITAL IMPROVEMENTS
Sections
1959-1961 BOND ISSUE
43.83.010
43.83.020
43.83.030
43.83.040
43.83.050
Limited obligation bonds—Authorized—Issuance, sale, form,
payment, etc.—Continuation of tax levy.
Limited obligation bonds—Proceeds to be deposited in state
building construction account—Use.
Limited obligation bonds—Retirement from state building
construction bond redemption fund—Retail sales tax collections, continuation of levy.
Limited obligation bonds—Legislature may provide additional means of raising revenue.
Limited obligation bonds—Bonds are negotiable, legal investment and security.
1961-1963 BOND ISSUE
43.83.060
43.83.062
43.83.064
43.83.066
43.83.068
Limited obligation bonds—Authorized—Issuance, sale, form,
payment, etc.—Continuation of tax levy.
Limited obligation bonds—Proceeds to be deposited in state
building construction account—Use.
Limited obligation bonds—Retirement from state building
construction bond redemption fund—Retail sales tax collections, continuation of levy.
Limited obligation bonds—Legislature may provide additional means of raising revenue.
Limited obligation bonds—Bonds are negotiable, legal investment and security.
1965-1967 BOND ISSUE
43.83.070
43.83.074
43.83.076
43.83.078
43.83.082
43.83.084
General obligation bonds—Authorized—Issuance, sale, form,
payment, etc.
General obligation bonds—Retirement from state building and
higher education bond redemption fund—Retail sales tax
collections, continuation of levy.
General obligation bonds—Legislature may provide additional means of raising revenue.
General obligation bonds—Legal investment for state and
local funds.
General obligation bonds—Capital improvement and capital
project defined.
General obligation bonds—Referral to electorate.
1967-1969 BOND ISSUE
43.83.090
43.83.094
43.83.096
43.83.098
43.83.102
43.83.104
General obligation bonds—Authorized—Issuance, sale, form,
payment, etc.
General obligation bonds—Retirement from state building and
higher education bond redemption fund—Retail sales tax
collections, continuation of levy.
General obligation bonds—Legislature may provide additional means of raising revenue.
General obligation bonds—Legal investment for state and
local funds.
General obligation bonds—Capital improvement and capital
project defined.
General obligation bonds—Referral to electorate.
1973 BOND ISSUE
43.83.110
43.83.112
43.83.114
43.83.116
43.83.118
43.83.120
43.83.122
43.83.124
43.83.126
General obligation bonds—Authorized—Issuance—Payment.
General obligation bonds—Powers and duties of state finance
committee.
General obligation bonds—Anticipation notes—Proceeds.
General obligation bonds—Administration of proceeds from
sale.
General obligation bonds—Payment from bond redemption
fund—Procedure—General obligation of state.
General obligation bonds—Charges against state agencies to
reimburse state general fund.
General obligation bonds—Legislature may provide additional means for payment.
General obligation bonds—Legal investment for state and
other public bodies.
Severability—1973 1st ex.s. c 217.
1975 BOND ISSUE
43.83.130
43.83.132
43.83.134
(2004 Ed.)
General obligation bonds—Authorized—Issuance—Payment.
General obligation bonds—Powers and duties of state finance
committee.
General obligation bonds—Anticipation notes—Proceeds.
43.83.136
43.83.138
43.83.140
43.83.142
43.83.144
43.83.146
43.83.148
Chapter 43.83
General obligation bonds—Administration of proceeds from
sale.
General obligation bonds—Payment from bond redemption
fund—Procedure.
General obligation bonds—General obligation of state.
General obligation bonds—Charges against state agencies to
reimburse state general fund.
General obligation bonds—Legislature may provide additional means for payment.
General obligation bonds—Legal investment for state and
other public bodies.
Severability—1975 1st ex.s. c 249.
1979 BOND ISSUE
43.83.150
43.83.152
43.83.154
43.83.156
43.83.158
43.83.160
43.83.162
43.83.164
43.83.166
43.83.168
43.83.170
General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
Form, terms, conditions, etc., of bonds.
Bond anticipation notes—Deposit of proceeds of bonds and
notes in state building construction account and state general
obligation bond retirement fund.
Administration of proceeds.
Retirement of bonds from state general obligation bond retirement fund—Pledge and promise—Remedies of bondholders.
State general obligation bond retirement fund created—Trust
fund for retirement of state general obligation bonds—Use
of designated bond retirement accounts.
Separate accounting records required for each issue of bonds.
Payment on certain bonds from state general obligation bond
retirement fund prohibited.
Legislature may provide additional means for payment of
bonds.
Bonds legal investment for public funds.
Severability—1979 ex.s. c 230.
1981 BOND ISSUE
43.83.172
43.83.174
43.83.176
43.83.178
43.83.180
43.83.182
General obligation bonds—Authorized—Issuance, sale,
terms, etc.—Appropriation required.
Deposit of proceeds in state building construction account—
Use.
Administration of proceeds.
Retirement of bonds from state general obligation bond retirement fund—Pledge and promise—Remedies of bondholders.
Legislature may provide additional means for payment of
bonds.
Bonds legal investment for public funds.
1983 BOND ISSUE
43.83.184
43.83.186
43.83.188
43.83.190
43.83.192
43.83.194
43.83.196
General obligation bonds—Authorized—Issuance—Appropriation required.
Deposit of proceeds in state building construction account—
Use.
Administration of proceeds.
Retirement of bonds from state general obligation bond retirement fund—Pledge and promise—Remedies of bondholders.
Legislature may provide additional means for payment of
bonds.
Bonds legal investment for public funds.
Severability—1983 1st ex.s. c 54.
1984 BOND ISSUE
43.83.198
43.83.200
43.83.202
43.83.204
43.83.206
43.83.208
43.83.210
General obligation bonds—Authorized—Issuance—Price—
Appropriation required.
Deposit of proceeds in state building construction account—
Use.
Administration of proceeds.
Retirement of bonds from state general obligation bond retirement fund—Pledge and promise—Remedies of bondholders.
Legislature may provide additional means for payment of
bonds.
Bonds legal investment for public funds.
Severability—1984 c 271.
Indian cultural and educational facility bond issue: Chapter 37.14 RCW.
Washington State University Tree Fruit Research Center office-laboratory
facility, financing: RCW 28B.30.600 through 28B.30.619.
[Title 43 RCW—page 365]
43.83.010
Title 43 RCW: State Government—Executive
1959-1961 BOND ISSUE
43.83.010
43.83.010 Limited obligation bonds—Authorized—
Issuance, sale, form, payment, etc.—Continuation of tax
levy. For the purpose of furnishing funds to finance projects
in the 1959-1961 capital budget, as adopted by the legislature, there shall be issued and sold limited obligation bonds
of the state of Washington in the sum of ten million eightynine thousand dollars to be paid and discharged not more than
twenty years after date of issuance. The issuance, sale and
retirement of said bonds shall be under the general supervision and control of the state finance committee.
The state finance committee is authorized to prescribe
the forms of such bonds; the provisions of sale of all or any
portion or portions of such bonds; the terms, provisions, and
covenants of said bonds; and the sale, issuance, and redemption thereof. None of the bonds herein authorized shall be
sold for less than the par value thereof. Such bonds shall state
distinctly that they shall not be a general obligation of the
state of Washington, but shall be payable in the manner and
from the proceeds of retail sales taxes as in RCW 43.83.010
through 43.83.050 provided. As a part of the contract of sale
of the aforesaid bonds, the state undertakes to continue to
levy the taxes referred to herein and to fix and maintain said
taxes in such amounts as will provide sufficient funds to pay
said bonds and interest thereon until all such obligations have
been paid in full.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the issuance of such bonds and upon any coupons attached thereto.
Such bonds shall be payable at such places as the state
finance committee may provide. [1965 c 8 § 43.83.010.
Prior: 1959 ex.s. c 9 § 1.]
43.83.030
43.83.030 Limited obligation bonds—Retirement
from state building construction bond redemption fund—
Retail sales tax collections, continuation of levy. Retirement of the bonds and interest authorized by RCW 43.83.010
through 43.83.050 shall be from the state building construction bond redemption fund created by chapter 298, Laws of
1957. The state finance committee shall on or before June
30th of each year certify to the state treasurer the amount
needed in the ensuing twelve months to meet interest payments on and retirement of bonds authorized by RCW
43.83.010 through 43.83.050. The state treasurer shall thereupon deposit such amount in the state building construction
bond redemption fund from moneys transmitted to the state
treasurer by the department of revenue and certified by the
department of revenue to be sales tax collections, and such
amount certified by the state finance committee to the state
treasurer shall be a prior charge against all retail sales tax revenues of the state of Washington, subject to and inferior only
to the charges thereon created by chapters 229 and 230, Laws
of 1949, and chapter 298, Laws of 1957. Said bond redemption fund shall be kept segregated from all moneys in the state
treasury and shall, while any of such bonds or interest thereon
remains unpaid, be available solely for the payment thereof.
As a part of the contract of sale of the bonds herein authorized, the state undertakes to continue to levy and collect a tax
on retail sales equal to that portion thereof allocated to said
fund as provided in RCW 43.83.010 through 43.83.050, and
to place the proceeds thereof in the state building construction bond redemption fund and to make said fund available to
meet said payments when due until all bonds and the interest
thereon authorized under RCW 43.83.010 through 43.83.050
shall have been paid. [1975 1st ex.s. c 278 § 26; 1965 c 8 §
43.83.030. Prior: 1959 ex.s. c 9 § 3.]
Reviser's note: Chapter 298, Laws of 1957 and chapter 230, Laws of
1949 referred to herein were codified in chapter 72.99 RCW. The sections in
chapter 72.99 RCW were repealed by 1983 c 189 § 4 and by 1979 c 67 § 18.
Chapter 229, Laws of 1949 was codified in chapter 28A.47 RCW, which has
been recodified as chapter 28A.525 RCW.
43.83.020
43.83.020 Limited obligation bonds—Proceeds to be
deposited in state building construction account—Use.
(1) The proceeds from the sale of the bonds authorized herein
shall be deposited in the state building construction account
which is hereby established in the state treasury and shall be
used exclusively for the purposes of carrying out the provisions of the capital appropriation acts, and for payment of the
expense incurred in the printing, issuance, and sale of such
bonds.
(2) During the 2003-2005 biennium, the legislature may
transfer moneys from the state building construction account
to the conservation assistance revolving account such
amounts as reflect the excess fund balance of the account.
[2004 c 276 § 907; 1991 sp.s. c 13 § 46; 1987 1st ex.s. c 3 §
9; 1985 c 57 § 43; 1965 c 8 § 43.83.020. Prior: 1959 ex.s. c
9 § 2.]
Severability—Effective date—2004 c 276: See notes following RCW
43.330.167.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1987 1st ex.s. c 3: See RCW 43.99G.901.
Effective date—1985 c 57: See note following RCW 18.04.105.
[Title 43 RCW—page 366]
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
43.83.040
43.83.040 Limited obligation bonds—Legislature
may provide additional means of raising revenue. The
legislature may provide additional means for raising funds
for the payment of the interest and principal of the bonds
authorized by RCW 43.83.010 through 43.83.050 and RCW
43.83.010 through 43.83.050 shall not be deemed to provide
an exclusive method for such payment. The power given to
the legislature by this section is permissive and shall not be
construed to constitute a pledge of the general credit of the
state of Washington. [1965 c 8 § 43.83.040. Prior: 1959 ex.s.
c 9 § 4.]
43.83.050
43.83.050 Limited obligation bonds—Bonds are
negotiable, legal investment and security. The bonds
herein authorized shall be fully negotiable instruments and
shall be legal investment for all state funds or for funds under
state control and all funds of municipal corporations, and
shall be legal security for all state, county, and municipal
deposits. [1965 c 8 § 43.83.050. Prior: 1959 ex.s. c 9 § 5.]
(2004 Ed.)
Capital Improvements
1961-1963 BOND ISSUE
43.83.060
43.83.060 Limited obligation bonds—Authorized—
Issuance, sale, form, payment, etc.—Continuation of tax
levy. For the purpose of furnishing funds to finance projects
in the 1961-1963 capital budget, as adopted by the legislature, there shall be issued and sold limited obligation bonds
of the state of Washington in the sum of twenty-seven million
five hundred fifty-six thousand dollars to be paid and discharged not more than twenty years after date of issuance.
The issuance, sale and retirement of said bonds shall be under
the general supervision and control of the state finance committee.
The state finance committee is authorized to prescribe
the forms of such bonds; the provisions of sale of all or any
portion or portions of such bonds; the terms, provisions, and
covenants of said bonds; and the sale, issuance, and redemption thereof. None of the bonds herein authorized shall be
sold for less than the par value thereof. Such bonds shall state
distinctly that they shall not be a general obligation of the
state of Washington, but shall be payable in the manner and
from the proceeds of retail sales taxes as in RCW 43.83.060
through 43.83.068 provided. As a part of the contract of sale
of the aforesaid bonds, the state undertakes to continue to
levy the taxes referred to herein and to fix and maintain said
taxes in such amounts as will provide sufficient funds to pay
said bonds and interest thereon until all such obligations have
been paid in full.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the issuance of such bonds and upon any coupons attached thereto:
PROVIDED, That any bonds issued under authority of RCW
43.83.060 through 43.83.068 for the purpose of financing the
construction of the correctional institution authorized by
chapter 214, Laws of 1959, shall be so identified and shall be
subject to call prior to the maturity date thereof. Such bonds
shall be payable at such places as the state finance committee
may provide. The state finance committee shall, in making its
invitation or call for bids on the sale or issuance of such
bonds, other than those governed by the proviso in this section, secure bids on the condition that the bonds may be
called prior to maturity and it shall also secure bids on the
condition that they shall not be subject to prior call. [1965 c
8 § 43.83.060. Prior: 1961 ex.s. c 23 § 1.]
43.83.062
43.83.062 Limited obligation bonds—Proceeds to be
deposited in state building construction account—Use.
The proceeds from the sale of the bonds authorized herein
shall be deposited in the state building construction account
of the general fund and shall be used exclusively for the purposes of carrying out the provisions of the capital appropriation act of 1961, and for payment of the expense incurred in
the printing, issuance, and sale of such bonds. [1965 c 8 §
43.83.062. Prior: 1961 ex.s. c 23 § 2.]
43.83.064
43.83.064 Limited obligation bonds—Retirement
from state building construction bond redemption fund—
Retail sales tax collections, continuation of levy. Retire(2004 Ed.)
43.83.070
ment of the bonds and interest authorized by RCW 43.83.060
through 43.83.068 shall be from the state building construction bond redemption fund created by chapter 298, Laws of
1957. The state finance committee shall on or before June
thirtieth of each year certify to the state treasurer the amount
needed in the ensuing twelve months to meet interest payments on and retirement of bonds authorized by RCW
43.83.060 through 43.83.068. The state treasurer shall thereupon deposit such amount in the state building construction
bond redemption fund from moneys transmitted to the state
treasurer by the department of revenue and certified by the
department of revenue to be sales tax collections, and such
amount certified by the state finance committee to the state
treasurer shall be a prior charge against all retail sales tax revenues of the state of Washington, subject to and inferior only
to amounts previously pledged for the payment of interest on
and retirement of bonds heretofore issued. Said bond redemption fund shall be kept segregated from all moneys in the state
treasury and shall, while any of such bonds or interest thereon
remains unpaid, be available solely for the payment thereof.
As a part of the contract of sale of the bonds herein authorized, the state undertakes to continue to levy and collect a tax
on retail sales equal to that portion thereof allocated to said
fund as provided in RCW 43.83.060 through 43.83.068, and
to place the proceeds thereof in the state building construction bond redemption fund and to make said fund available to
meet said payments when due until all bonds and the interest
thereon authorized under RCW 43.83.060 through 43.83.068
shall have been paid. [1975 1st ex.s. c 278 § 27; 1965 c 8 §
43.83.064. Prior: 1961 ex.s. c 23 § 3.]
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
43.83.066 Limited obligation bonds—Legislature
may provide additional means of raising revenue. The
legislature may provide additional means for raising funds
for the payment of the interest and principal of the bonds
authorized by RCW 43.83.060 through 43.83.068 and RCW
43.83.060 through 43.83.068 shall not be deemed to provide
an exclusive method for such payment. The power given to
the legislature by this section is permissive and shall not be
construed to constitute a pledge of the general credit of the
state of Washington. [1965 c 8 § 43.83.066. Prior: 1961 ex.s.
c 23 § 4.]
43.83.066
43.83.068 Limited obligation bonds—Bonds are
negotiable, legal investment and security. The bonds
herein authorized shall be fully negotiable instruments and
shall be legal investment for all state funds or for funds under
state control and all funds of municipal corporations, and
shall be legal security for all state, county, and municipal
deposits. [1965 c 8 § 43.83.068. Prior: 1961 ex.s. c 23 § 5.]
43.83.068
1965-1967 BOND ISSUE
43.83.070 General obligation bonds—Authorized—
Issuance, sale, form, payment, etc. For the purpose of providing needed capital improvements for the institutions of
higher education, the department of institutions, the department of natural resources and other state agencies, the state
finance committee is hereby authorized to issue, at any time
43.83.070
[Title 43 RCW—page 367]
43.83.074
Title 43 RCW: State Government—Executive
prior to January 1, 1970, general obligation bonds of the state
of Washington in the sum of forty million five hundred seventy-five thousand dollars, or so much thereof as shall be
required to finance the capital projects set forth in *RCW
43.83.080, to be paid and discharged within twenty years of
the date of issuance.
The state finance committee is authorized to prescribe
the form of such bonds, and the time of sale of all or any portion or portions of such bonds, and the conditions of sale and
issuance thereof: PROVIDED, That none of the bonds herein
authorized shall be sold for less than the par value thereof,
nor shall they bear interest at a rate in excess of six percent
per annum.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee may
provide that the bonds, or any of them, may be called prior to
the due date thereof under such terms and conditions as it
may determine. The state finance committee may authorize
the use of facsimile signatures in the issuance of the bonds.
[1965 ex.s. c 172 § 1.]
*Reviser's note: RCW 43.83.080 was repealed by 1979 ex.s. c 67 § 18.
43.83.074
43.83.074 General obligation bonds—Retirement
from state building and higher education bond redemption fund—Retail sales tax collections, continuation of
levy. The state building and higher education bond redemption fund is hereby created in the state treasury, which fund
shall be exclusively devoted to the payment of interest on and
retirement of the bonds authorized by RCW 43.83.070
through 43.83.084. The state finance committee shall, on or
before June 30th of each year, certify to the state treasurer the
amount needed in the ensuing twelve months to meet bond
retirement and interest requirements and on July 1st of each
year the state treasurer shall deposit such amount in said state
building and higher education bond redemption fund from
moneys transmitted to the state treasurer by the department of
revenue and certified by the department of revenue to be sales
tax collections and such amount certified by the state finance
committee to the state treasurer shall be a prior charge against
all retail sales tax revenues of the state of Washington, except
that portion thereof heretofore pledged for the payment of
bond principal and interest.
The owner and holder of each of said bonds or the trustee
for any of the bonds may by mandamus or other appropriate
proceeding require and compel the transfer and payment of
funds as directed herein. [1975 1st ex.s. c 278 § 28; 1965
ex.s. c 172 § 3.]
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
43.83.076
43.83.076 General obligation bonds—Legislature
may provide additional means of raising revenue. The
legislature may provide additional means for raising moneys
for the payment of the interest and principal of the bonds
authorized herein and RCW 43.83.070 through 43.83.084
shall not be deemed to provide an exclusive method for such
payment. [1965 ex.s. c 172 § 4.]
[Title 43 RCW—page 368]
43.83.078
43.83.078 General obligation bonds—Legal investment for state and local funds. The bonds herein authorized shall be a legal investment for all state funds or for
funds under state control and all funds of municipal corporations. [1965 ex.s. c 172 § 5.]
43.83.082
43.83.082 General obligation bonds—Capital
improvement and capital project defined. The words
"capital improvement" or "capital project" used herein shall
mean acquisition of sites, easements, rights of way or
improvements thereon or appurtenances thereto, construction
and initial equipment, reconstruction, demolition or major
alteration of new or presently owned capital assets. [1965
ex.s. c 172 § 7.]
43.83.084
43.83.084 General obligation bonds—Referral to
electorate. RCW 43.83.070 through 43.83.084 shall be submitted to the people for their adoption and ratification, or
rejection, at the general election to be held in this state on the
Tuesday next succeeding the first Monday in November,
1966, in accordance with the provisions of section 3, Article
VIII of the state Constitution; and in accordance with the provisions of section 1, Article II of the state Constitution as
amended, and the laws adopted to facilitate the operation
thereof. [1965 ex.s. c 172 § 8.]
1967-1969 BOND ISSUE
43.83.090
43.83.090 General obligation bonds—Authorized—
Issuance, sale, form, payment, etc. For the purpose of providing needed capital improvements for the department of
general administration, the institutions of higher education
and the department of institutions, the state finance committee is authorized to issue, at any time prior to January 1, 1972,
general obligation bonds of the state of Washington in the
sum of sixty-three million fifty-nine thousand dollars or so
much thereof as shall be required to finance the capital
projects set forth in *RCW 43.83.100, to be paid and discharged within twenty years of the date of issuance.
The state finance committee is authorized to prescribe
the form of such bonds, and the time of sale of all or any portion or portions of such bonds, and the conditions of sale and
issuance thereof: PROVIDED, That none of the bonds herein
authorized shall be sold for less than the par value thereof,
nor shall they bear interest at a rate in excess of six percent
per annum.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee may
provide that the bonds, or any of them, may be called prior to
the due date thereof under such terms and conditions as it
may determine. The state finance committee may authorize
the use of facsimile signatures in the issuance of the bonds.
[1967 ex.s. c 148 § 1.]
*Reviser's note: RCW 43.83.100 was repealed by 1979 ex.s. c 67 § 18.
43.83.094
43.83.094 General obligation bonds—Retirement
from state building and higher education bond redemption fund—Retail sales tax collections, continuation of
levy. The state building and higher education bond redemp(2004 Ed.)
Capital Improvements
tion fund is created in the state treasury, which fund shall be
exclusively devoted to the payment of interest on and retirement of the bonds authorized by RCW 43.83.090 through
43.83.104. The state finance committee shall, on or before
June 30th of each year, certify to the state treasurer the
amount needed in the ensuing twelve months to meet bond
retirement and interest requirements, and on July 1st of each
year the state treasurer shall deposit such amount in the state
building and higher education bond redemption fund from
moneys transmitted to the state treasurer by the department of
revenue and certified by the department of revenue to be sales
tax collections; and such amount certified by the state finance
committee to the state treasurer shall be a prior charge against
all retail sales tax revenues of the state of Washington, except
that portion thereof which has been heretofore pledged for the
payment of bond principal and interest.
The owner and holder of each of the bonds or the trustee
for any of the bonds may by mandamus or other appropriate
proceeding require and compel the transfer and payment of
funds as directed herein. [1975 1st ex.s. c 278 § 29; 1967
ex.s. c 148 § 3.]
Construction—Severability—1975 1st ex.s. c 278: See notes following RCW 11.08.160.
43.83.096
43.83.096 General obligation bonds—Legislature
may provide additional means of raising revenue. The
legislature may provide additional means for raising moneys
for the payment of the interest and principal of the bonds
authorized herein and RCW 43.83.090 through 43.83.104
shall not be deemed to provide an exclusive method for such
payment. [1967 ex.s. c 148 § 4.]
43.83.098
43.83.098 General obligation bonds—Legal investment for state and local funds. The bonds herein authorized shall be a legal investment for all state funds or for
funds under state control and all funds of municipal corporations. [1967 ex.s. c 148 § 5.]
43.83.102
43.83.102 General obligation bonds—Capital
improvement and capital project defined. The words
"capital improvement" or "capital project" used herein shall
mean acquisition of sites, easements, rights of way or
improvements thereon or appurtenances thereto, construction
and initial equipment, reconstruction, demolition or major
alteration of new or presently owned capital assets. [1967
ex.s. c 148 § 7.]
43.83.104
43.83.104 General obligation bonds—Referral to
electorate. RCW 43.83.090 through 43.83.104 shall be submitted to the people for their adoption and ratification, or
rejection, at the general election to be held in this state on the
Tuesday next succeeding the first Monday in November,
1968, in accordance with the provisions of section 3, Article
VIII of the state Constitution; and in accordance with the provisions of section 1, Article II of the state Constitution as
amended, and the laws adopted to facilitate the operation
thereof. [1967 ex.s. c 148 § 8.]
Reviser's note: RCW 43.83.090 through 43.83.104 was adopted and
ratified by the people at the November 5, 1968, general election (Referendum Bill No. 19). Governor's proclamation declaring approval of measure is
dated December 5, 1968. State Constitution Art. 2 § 1(d) provides: ". . .
(2004 Ed.)
43.83.114
Such measure [initiatives and referendums] shall be in operation on and after
the thirtieth day after the election at which it is approved . . . ."
1973 BOND ISSUE
43.83.110
43.83.110 General obligation bonds—Authorized—
Issuance—Payment. For the purpose of acquiring land,
funding and providing the planning, acquisition, construction, remodeling, and furnishing, together with all improvements, enhancements, fixed equipment, and facilities, of capitol office buildings, parking facilities, governor's mansion,
and such other buildings and facilities as are determined to be
necessary to provide space for the legislature by way of
offices, committee rooms, hearing rooms, and work rooms,
and to provide executive office and housing for the governor,
and to provide executive office space for other elective officials and such other state agencies as may be necessary, the
state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of twentyseven million dollars, or so much thereof as may be required,
to finance the projects defined in RCW 43.83.110 through
43.83.126 and all costs incidental thereto. Such bonds shall
be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the state
Constitution. [1973 1st ex.s. c 217 § 1.]
43.83.112
43.83.112 General obligation bonds—Powers and
duties of state finance committee. The issuance, sale and
retirement of said bonds shall be under the supervision and
control of the state finance committee. The committee is
authorized to prescribe the form, terms, conditions, and covenants of the bonds, the time or times of sale of all or any portion of them, and the conditions and manner of their sale,
issuance and redemption. None of the bonds herein authorized shall be sold for less than the par value thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the issuance of such bonds and notes, if any. Such bonds shall be
payable at such places as the committee may provide. [1973
1st ex.s. c 217 § 2.]
43.83.114
43.83.114 General obligation bonds—Anticipation
notes—Proceeds. At the time the state finance committee
determines to issue such bonds or a portion thereof, it may,
pending the issuing of such bonds, issue, in the name of the
state, temporary notes in anticipation of the money to be
derived from the sale of the bonds, which notes shall be designated as "anticipation notes". Such portion of the proceeds
of the sale of such bonds that may be required for such purpose shall be applied to the payment of the principal of and
interest on such anticipation notes which have been issued.
The proceeds from the sale of bonds authorized by RCW
43.83.110 through 43.83.126 shall be deposited in the state
building construction account of the general fund in the state
treasury and shall be used exclusively for the purposes specified in RCW 43.83.110 through 43.83.126 and for the payment of expenses incurred in the issuance and sale of the
bonds. [1973 1st ex.s. c 217 § 3.]
[Title 43 RCW—page 369]
43.83.116
Title 43 RCW: State Government—Executive
43.83.116
43.83.116 General obligation bonds—Administration of proceeds from sale. The principal proceeds from the
sale of the bonds or notes deposited in the state building construction account of the general fund shall be administered by
the state department of general administration. [1973 1st
ex.s. c 217 § 4.]
43.83.118
43.83.118 General obligation bonds—Payment from
bond redemption fund—Procedure—General obligation
of state. The state building bond redemption fund is hereby
created in the state treasury, which fund shall be exclusively
devoted to the payment of the principal of and interest on the
bonds authorized by RCW 43.83.110 through 43.83.126. The
state finance committee, shall, on or before June 30th of each
year, certify to the state treasurer the amount needed in the
ensuing twelve months to meet such bond retirement and
interest requirements and on July 1st of each year the state
treasurer shall deposit such amount in the state building bond
redemption fund from any general state revenues received in
the state treasury and certified by the state treasurer to be general state revenues. Bonds issued under the provisions of
RCW 43.83.110 through 43.83.126 shall state that they are a
general obligation of the state of Washington, shall pledge
the full faith and credit of the state to the payment of the principal thereof and the interest thereon and shall contain an
unconditional promise to pay such principal and interest as
the same shall become due. The owner and holder of each of
the bonds or the trustee for the owner and holder of any of the
bonds may by a mandamus or other appropriate proceeding
require the transfer and payment of funds as directed herein.
[1973 1st ex.s. c 217 § 5.]
43.83.120
43.83.120 General obligation bonds—Charges
against state agencies to reimburse state general fund. In
addition to any other charges authorized by law and to assist
in reimbursing the state general fund for expenditures from
the general state revenues in paying the principal and interest
on the bonds and notes herein authorized, the director of general administration shall assess a charge against each state
board, commission, agency, office, department, activity, or
other occupant or user for payment of a proportion of costs
for each square foot of floor space assigned to or occupied by
it. Payment of the amount so billed to the entity for such
occupancy shall be made annually and in advance at the
beginning of each fiscal year. The director of general administration shall cause the same to be deposited in the state treasury to the credit of the general fund. [1973 1st ex.s. c 217 §
6.]
funds under state control and for all funds of any other public
body. [1973 1st ex.s. c 217 § 8.]
43.83.126
43.83.126 Severability—1973 1st ex.s. c 217. If any
provision of this 1973 act, or its application to any person or
circumstance is held invalid the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1973 1st ex.s. c 217 § 9.]
1975 BOND ISSUE
43.83.130
43.83.130 General obligation bonds—Authorized—
Issuance—Payment. For the purpose of providing funds for
the planning, acquisition, construction, remodeling, and furnishing, together with all improvements, enhancements, and
fixed equipment of capital campus facilities and such other
buildings and facilities as are determined to be necessary to
provide space for the legislature by way of offices, committee
rooms, hearing rooms, and work rooms and such other state
agencies as may be necessary, as provided in the capital
appropriations act, chapter . . ., Laws of 1975 [chapter 276,
Laws of 1975 1st ex. sess.], for such purposes, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the aggregate principal
amount of six million four hundred thousand dollars or so
much thereof as may be required to finance said projects, to
be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the Constitution of the state of Washington. [1975 1st ex.s. c 249 § 1.]
43.83.132
43.83.132 General obligation bonds—Powers and
duties of state finance committee. The issuance, sale and
retirement of said bonds as authorized in RCW 43.83.130
shall be under the supervision and control of the state finance
committee. The committee is authorized to prescribe the
form, terms, conditions, and covenants of the bonds, the time
or times of sale of all or any portion of such bonds and the
conditions of sale and issuance thereof. None of the bonds
herein authorized shall be sold for less than the par value
thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the issuance of such bonds and notes, if any. Such bonds shall be
payable at such places as the committee may provide. [1975
1st ex.s. c 249 § 2.]
43.83.134
43.83.122
43.83.122 General obligation bonds—Legislature
may provide additional means for payment. The legislature may provide additional means for raising moneys for the
payment of the principal of and interest on the bonds authorized herein, and RCW 43.83.110 through 43.83.126 shall not
be deemed to provide an exclusive method for such payment.
[1973 1st ex.s. c 217 § 7.]
43.83.124
43.83.124 General obligation bonds—Legal investment for state and other public bodies. The bonds herein
authorized shall be a legal investment for all state funds or
[Title 43 RCW—page 370]
43.83.134 General obligation bonds—Anticipation
notes—Proceeds. At the time the state finance committee
determines to issue such bonds as authorized in RCW
43.83.130 through 43.83.148 or a portion thereof, pending
the issuance of such bonds, it may issue, in the name of the
state, temporary notes in anticipation of the money to be
derived from the sale of the bonds, which notes shall be designated as "anticipation notes". The proceeds from the sale of
bonds and notes authorized by RCW 43.83.130 through
43.83.148 shall be deposited in the state building construction account of the general fund in the state treasury and shall
be used exclusively for the purposes specified in RCW
(2004 Ed.)
Capital Improvements
43.83.130 through 43.83.148 and for the payment of
expenses incurred in the issuance and sale of such bonds and
notes: PROVIDED, That such portion of the proceeds of the
sale of such bonds as may be required for the payment of the
principal and interest on such anticipation notes as have been
issued, shall be deposited in the bond redemption fund created in RCW 43.83.138. [1975 1st ex.s. c 249 § 3.]
43.83.136
43.83.136 General obligation bonds—Administration of proceeds from sale. The principal proceeds from the
sale of the bonds or notes authorized in RCW 43.83.130
through 43.83.148 and deposited in the state building construction account of the general fund shall be administered by
the state department of general administration, subject to legislative appropriation. [1975 1st ex.s. c 249 § 4.]
43.83.138
43.83.138 General obligation bonds—Payment from
bond redemption fund—Procedure. The state building
bond redemption fund, 1975, is hereby created in the state
treasury, which fund shall be exclusively devoted to the payment of the principal of and interest on the bonds and notes
authorized by RCW 43.83.130 through 43.83.148. The state
finance committee, on or before June 30th of each year, shall
certify to the state treasurer the amount needed in the ensuing
twelve months to meet such bond retirement and interest
requirements and on July 1st of each year the state treasurer
shall deposit such amount in such state building bond
redemption fund from any general state revenues received in
the state treasury and certified by the state treasurer to be general state revenues. [1975 1st ex.s. c 249 § 5.]
43.83.140
43.83.140 General obligation bonds—General obligation of state. Bonds issued under the provisions of RCW
43.83.130 through 43.83.148 shall state that they are a general obligation of the state of Washington, shall pledge the
full faith and credit of the state to the payment of the principal
thereof and the interest thereon and shall contain an unconditional promise to pay such principal and interest as the same
shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds, by a mandamus
or other appropriate proceeding, may require the transfer and
payment of funds as directed herein. [1975 1st ex.s. c 249 §
6.]
43.83.142
43.83.142 General obligation bonds—Charges
against state agencies to reimburse state general fund. In
addition to any other charges authorized by law and to assist
in reimbursing the state general fund for expenditures from
the general state revenues in paying the principal and interest
on the bonds and notes authorized in RCW 43.83.130
through 43.83.148, the director of general administration
may assess a charge against each state board, commission,
agency, office, department, activity, or other occupant or user
of any facility or other building as authorized in RCW
43.83.130 for payment of a proportion of costs for each
square foot of floor space assigned to or occupied by it. Payment of the amount so billed to the entity for such occupancy
shall be made annually and in advance at the beginning of
each fiscal year. The director of general administration shall
(2004 Ed.)
43.83.152
cause the same to be deposited in the state treasury to the
credit of the general fund. [1975 1st ex.s. c 249 § 7.]
43.83.144
43.83.144 General obligation bonds—Legislature
may provide additional means for payment. The legislature may provide additional means for raising moneys for the
payment of the principal of an interest on the bonds authorized in RCW 43.83.130 through 43.83.148, and RCW
43.83.130 through 43.83.148 shall not be deemed to provide
an exclusive method for such payment. [1975 1st ex.s. c 249
§ 8.]
43.83.146
43.83.146 General obligation bonds—Legal investment for state and other public bodies. The bonds authorized in RCW 43.83.130 through 43.83.148 shall be a legal
investment for all state funds or funds under state control and
for all funds of any other public body. [1975 1st ex.s. c 249
§ 9.]
43.83.148
43.83.148 Severability—1975 1st ex.s. c 249. If any
provision of this 1975 act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1975 1st ex.s. c 249 § 10.]
1979 BOND ISSUE
43.83.150
43.83.150 General obligation bonds—Authorized—
Issuance, sale, terms—Appropriation required. For the
purpose of acquiring land and providing needed capital
improvements consisting of the planning, acquisition, construction, remodeling, and furnishing, together with all
improvements, enhancements, fixed equipment facilities of
office buildings, parking facilities, and such other buildings,
facilities, and utilities as are determined to be necessary to
provide space including offices, committee rooms, hearing
rooms, work rooms, and industrial-related space for the legislature, for other elective officials, and such other state agencies as may be necessary, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of twelve million five hundred thousand dollars, or so much thereof as may be required, to
finance these projects, and all costs incidental thereto. No
bonds authorized by RCW 43.83.150 through 43.83.170 shall
be offered for sale without prior legislative appropriation, and
these bonds shall be paid and discharged within thirty years
of the date of issuance. [1985 ex.s. c 4 § 15; 1979 ex.s. c 230
§ 1.]
Severability—1985 ex.s. c 4: See RCW 43.99G.900.
43.83.152
43.83.152 Form, terms, conditions, etc., of bonds.
The issuance, sale, and retirement of the bonds shall be under
the supervision and control of the state finance committee.
The committee is authorized to prescribe the form, terms,
conditions, and covenants of the bonds, the time or times of
sale of all or any portion of them, and the conditions and
manner of their sale, issuance, and redemption. None of the
bonds authorized in RCW 43.83.150 through 43.83.170 shall
be sold for less than the par value thereof.
[Title 43 RCW—page 371]
43.83.154
Title 43 RCW: State Government—Executive
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the issuance of the bonds and notes, if any. The bonds shall be payable at such places as the committee may provide. [1979
ex.s. c 230 § 2.]
43.83.154
43.83.154 Bond anticipation notes—Deposit of proceeds of bonds and notes in state building construction
account and state general obligation bond retirement
fund. At the time the state finance committee determines to
issue the bonds, or a portion thereof, it may, pending the issuance of the bonds, issue, in the name of the state, temporary
notes in anticipation of the money to be derived from the sale
of the bonds, which notes shall be designated as "bond anticipation notes". The proceeds from the sale of bonds and notes
authorized by RCW 43.83.150 through 43.83.170 shall be
deposited in the state building construction account of the
general fund in the state treasury and shall be used exclusively for the purposes specified in RCW 43.83.150 through
43.83.170 and for the payment of expenses incurred in the
issuance and sale of the bonds: PROVIDED, That such portion of the proceeds of the sale of the bonds as may be
required for the payment of the principal of and interest on
the anticipation notes as have been issued, shall be deposited
in the state general obligation bond retirement fund created
by RCW 43.83.160. [1979 ex.s. c 230 § 3.]
43.83.156
43.83.156 Administration of proceeds. The principal
proceeds from the sale of the bonds or notes deposited in the
state building construction account of the general fund shall
be administered by the state department of general administration, subject to legislative appropriation. [1979 ex.s. c 230
§ 4.]
and payment of funds as directed in this section. [1979 ex.s.
c 230 § 5.]
43.83.160
43.83.160 State general obligation bond retirement
fund created—Trust fund for retirement of state general
obligation bonds—Use of designated bond retirement
accounts. The state general obligation bond retirement fund
is hereby created in the state treasury. This fund shall be used
for the payment of principal of, redemption premium, if any,
and interest on general obligation bonds of the state that are
required to be paid either directly or indirectly from any general state revenues and that are issued pursuant to statutory
authority which statute designates the general obligation
bond retirement fund for this purpose. This fund shall be
deemed a trust fund for this purpose.
If bond retirement accounts are created in the state treasury by chapter 456, Laws of 1997 and become effective
prior to the issuance of any of the bonds that would otherwise
be subject to payment from the state general obligation bond
retirement fund under this section, the bond retirement
accounts designated by the statutes authorizing the bond issuance shall be used for the purposes of this chapter in lieu of
the state general obligation bond retirement fund. [1997 c
456 § 29; 1979 ex.s. c 230 § 6.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.83.162
43.83.162 Separate accounting records required for
each issue of bonds. Separate accounting records shall be
maintained by the state treasurer of the debt service requirements of each issue of bonds payable from the state general
obligation bond retirement fund, as certified by the state
finance committee, and of the payments made out of the general obligation bond retirement fund to meet principal, interest requirements, and redemption premium, if any. [1979
ex.s. c 230 § 7.]
43.83.158
43.83.158 Retirement of bonds from state general
obligation bond retirement fund—Pledge and promise—
Remedies of bondholders. The state general obligation
bond retirement fund shall be used for the payment of the
principal of and interest on the bonds and notes authorized by
RCW 43.83.150 through 43.83.170. The state finance committee, shall, on or before June 30th of each year, certify to
the state treasurer the amount needed in the ensuing twelve
months to meet the bond retirement and interest requirements. Not less than thirty days prior to the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the state general
obligation bond retirement fund an amount equal to the
amount certified by the state finance committee to be due on
the payment date. Bonds issued under RCW 43.83.150
through 43.83.170 shall state that they are a general obligation of the state of Washington, shall pledge the full faith and
credit of the state to the payment of the principal thereof and
the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become
due. The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by a mandamus or other appropriate proceeding require the transfer
[Title 43 RCW—page 372]
43.83.164
43.83.164 Payment on certain bonds from state general obligation bond retirement fund prohibited. No
bonds issued pursuant to Article VIII, section 1(f) of the Constitution of the state of Washington shall be made payable
from the state general obligation bond retirement fund. [1979
ex.s. c 230 § 8.]
43.83.166
43.83.166 Legislature may provide additional means
for payment of bonds. The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized in RCW
43.83.150 through 43.83.170, and RCW 43.83.150 through
43.83.170 shall not be deemed to provide an exclusive
method for the payment. [1979 ex.s. c 230 § 9.]
43.83.168
43.83.168 Bonds legal investment for public funds.
The bonds authorized in RCW 43.83.150 through 43.83.170
shall be a legal investment for all state funds or funds under
state control and for all funds of any other public body. [1979
ex.s. c 230 § 10.]
43.83.170
43.83.170 Severability—1979 ex.s. c 230. If any provision of this act or its application to any person or circum(2004 Ed.)
Capital Improvements
stance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 230 § 11.]
1981 BOND ISSUE
43.83.172
43.83.172 General obligation bonds—Authorized—
Issuance, sale, terms, etc.—Appropriation required. For
the purpose of acquiring land and providing needed capital
improvements consisting of the planning, acquisition, construction, remodeling, and furnishing, together with all
improvements, enhancements, fixed equipment facilities of
office buildings, parking facilities, and such other buildings,
facilities, and utilities as are determined to be necessary to
provide space including offices, committee rooms, hearing
rooms, work rooms, and industrial-related space for the legislature, for other elective officials, and such other state agencies as may be necessary, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of twelve million one hundred thirty
thousand dollars, or so much thereof as may be required, to
finance these projects, and all costs incidental thereto. No
bonds authorized by RCW 43.83.172 through 43.83.182 may
be offered for sale without prior legislative appropriation.
[1982 1st ex.s. c 48 § 19; 1981 c 235 § 1.]
43.83.186
Bonds issued under RCW 43.83.172 through 43.83.182
shall state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon, and shall contain an unconditional promise to pay
the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by a mandamus or other appropriate proceeding require the transfer
and payment of funds as directed in this section. [1981 c 235
§ 4.]
43.83.180
43.83.180 Legislature may provide additional means
for payment of bonds. The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized in RCW
43.83.172 through 43.83.182, and RCW 43.83.172 through
43.83.182 shall not be deemed to provide an exclusive
method for the payment. [1981 c 235 § 5.]
43.83.182
43.83.182 Bonds legal investment for public funds.
The bonds authorized in RCW 43.83.172 through 43.83.180
shall be a legal investment for all state funds or funds under
state control and for all funds of any other public body. [1981
c 235 § 6.]
Severability—1982 1st ex.s. c 48: See note following RCW
28B.14G.900.
1983 BOND ISSUE
43.83.174
43.83.174 Deposit of proceeds in state building construction account—Use. The proceeds from the sale of
bonds authorized by RCW 43.83.172 through 43.83.182 shall
be deposited in the state building construction account of the
general fund in the state treasury and shall be used exclusively for the purposes specified in RCW 43.83.172 through
43.83.182 and for the payment of expenses incurred in the
issuance and sale of the bonds. [1981 c 235 § 2.]
43.83.176
43.83.176 Administration of proceeds. The principal
proceeds from the sale of the bonds deposited in the state
building construction account of the general fund shall be
administered by the state department of general administration, subject to legislative appropriation. [1981 c 235 § 3.]
43.83.178
43.83.178 Retirement of bonds from state general
obligation bond retirement fund—Pledge and promise—
Remedies of bondholders. The state general obligation
bond retirement fund shall be used for the payment of the
principal of and interest on the bonds authorized by RCW
43.83.172 through 43.83.182.
The state finance committee, shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond retirement and interest requirements. Not less than thirty days prior
to the date on which any interest or principal and interest payment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit
in the state general obligation bond retirement fund an
amount equal to the amount certified by the state finance
committee to be due on the payment date.
(2004 Ed.)
43.83.184
43.83.184 General obligation bonds—Authorized—
Issuance—Appropriation required. For the purpose of
acquiring land and providing needed capital improvements
consisting of the planning, acquisition, construction, remodeling, and furnishing, together with all improvements,
enhancements, fixed equipment facilities of office buildings,
parking facilities, and such other buildings, facilities, and
utilities as are determined to be necessary to provide space
including offices, committee rooms, hearing rooms, work
rooms, and industrial-related space for the legislature, for
other elective officials, and such other state agencies as may
be necessary, and for the purpose of land acquisitions by the
department of transportation, grants and loans by the department of community, trade, and economic development, and
facilities of the department of corrections and other state
agencies, the state finance committee is authorized to issue
general obligation bonds of the state of Washington in the
sum of sixty-four million two hundred seventy thousand dollars, or so much thereof as may be required, to finance these
projects and all costs incidental thereto. No bonds authorized
in this section may be offered for sale without prior legislative appropriation. [1995 c 399 § 78; 1985 c 466 § 54; 1983
1st ex.s. c 54 § 1.]
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
43.83.186
43.83.186 Deposit of proceeds in state building construction account—Use. The proceeds from the sale of the
bonds authorized in RCW 43.83.184 shall be deposited in the
state building construction account in the general fund and
shall be used exclusively for the purposes specified in RCW
[Title 43 RCW—page 373]
43.83.188
Title 43 RCW: State Government—Executive
1984 BOND ISSUE
43.83.184 and for the payment of expenses incurred in the
issuance and sale of the bonds. [1983 1st ex.s. c 54 § 2.]
43.83.198
43.83.188
43.83.188 Administration of proceeds. The proceeds
from the sale of the bonds deposited under RCW 43.83.186 in
the state building construction account of the general fund
shall be administered by the department of general administration, subject to legislative appropriation. [1983 1st ex.s. c
54 § 3.]
43.83.190
43.83.190 Retirement of bonds from state general
obligation bond retirement fund—Pledge and promise—
Remedies of bondholders. The state general obligation
bond retirement fund shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.83.184.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount needed
in the ensuing twelve months to meet the bond retirement and
interest requirements. Not less than thirty days prior to the
date on which any interest or principal and interest payment
is due, the state treasurer shall withdraw from any general
state revenues received in the state treasury and deposit in the
general obligation bond retirement fund an amount equal to
the amount certified by the state finance committee to be due
on the payment date.
Bonds issued under RCW 43.83.184 shall state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1983 1st ex.s. c
54 § 4.]
43.83.192
43.83.192 Legislature may provide additional means
for payment of bonds. The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized in RCW
43.83.184, and RCW 43.83.190 shall not be deemed to provide an exclusive method for the payment. [1983 1st ex.s. c
54 § 5.]
43.83.194
43.83.194 Bonds legal investment for public funds.
The bonds authorized in RCW 43.83.184 shall be a legal
investment for all state funds or funds under state control and
for all funds of any other public body. [1983 1st ex.s. c 54 §
6.]
43.83.196
43.83.196 Severability—1983 1st ex.s. c 54. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1983 1st ex.s. c 54 § 10.]
[Title 43 RCW—page 374]
43.83.198 General obligation bonds—Authorized—
Issuance—Price—Appropriation required. For the purpose of providing needed capital improvements consisting of
the planning, design, construction, renovation, equipping,
and repair of buildings and facilities and the acquisition of a
marine vessel and marine equipment for the department of
corrections, the state finance committee is authorized to issue
from time to time general obligation bonds of the state of
Washington in the sum of twelve million eight hundred
twenty thousand dollars, or so much thereof as may be
required, to finance these projects and all costs incidental
thereto. Bonds authorized in this section may be sold at such
price as the state finance committee shall determine. No
bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the
sale of the bonds. [1984 c 271 § 1.]
43.83.200
43.83.200 Deposit of proceeds in state building construction account—Use. The proceeds from the sale of the
bonds authorized in RCW 43.83.198 shall be deposited in the
state building construction account in the general fund and
shall be used exclusively for the purposes specified in RCW
43.83.198 and for the payment of expenses incurred in the
issuance and sale of the bonds. [1984 c 271 § 2.]
43.83.202
43.83.202 Administration of proceeds. The proceeds
from the sale of the bonds deposited under RCW 43.83.200 in
the state building construction account of the general fund
shall be administered by the department of general administration, subject to legislative appropriation. [1984 c 271 § 3.]
43.83.204
43.83.204 Retirement of bonds from state general
obligation bond retirement fund—Pledge and promise—
Remedies of bondholders. The state general obligation
bond retirement fund shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.83.198.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount needed
in the ensuing twelve months to meet the bond retirement and
interest requirements. Not less than thirty days prior to the
date on which any interest or principal and interest payment
is due, the state treasurer shall withdraw from any general
state revenues received in the state treasury and deposit in the
general obligation bond retirement fund an amount equal to
the amount certified by the state finance committee to be due
on the payment date.
Bonds issued under RCW 43.83.198 shall state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1984 c 271 § 4.]
State general obligation bond retirement fund: RCW 43.83.160.
(2004 Ed.)
Waste Disposal Facilities Bond Issue
43.83.206
43.83.206 Legislature may provide additional means
for payment of bonds. The legislature may provide additional means for raising moneys for the payment of the principal of, redemption premium, if any, and interest on the
bonds authorized in RCW 43.83.198, and RCW 43.83.204
shall not be deemed to provide an exclusive method for the
payment. [1984 c 271 § 5.]
43.83.208
43.83.208 Bonds legal investment for public funds.
The bonds authorized in RCW 43.83.198 shall be a legal
investment for all state funds or funds under state control and
for all funds of any other public body. [1984 c 271 § 6.]
43.83.210
43.83.210 Severability—1984 c 271. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 271 § 7.]
Chapter 43.83A RCW
WASTE DISPOSAL FACILITIES BOND ISSUE
43.83A.040
of issuance or within thirty years should Article VIII of the
Constitution of the state of Washington be amended to permit
such longer term. No bonds authorized by this chapter shall
be offered for sale without prior legislative appropriation of
the proceeds of such bonds to be sold. [1990 1st ex.s. c 15 §
7. Prior: 1989 1st ex.s. c 14 § 10; 1989 c 136 § 2; 1977 ex.s.
c 242 § 1; 1972 ex.s. c 127 § 2.]
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
Intent—1989 c 136: "It is the intent of this act to allow the sale of state
general obligation bonds to underwriters at a discount so that they may be
sold to the public at face value, thereby resulting in lower interest costs to the
state. Increases in bond authorizations under this act represent this discount
and will have no effect on the amount of money available for the projects to
be financed by the bonds." [1989 c 136 § 1.]
Severability—1977 ex.s. c 242: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 242 § 6.]
Chapter 43.83A
Sections
43.83A.010 Declaration.
43.83A.020 General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
43.83A.030 Proceeds to be deposited in state and local improvements
revolving account.
43.83A.040 Administration of proceeds—Use of funds—Integration of
disposal systems.
43.83A.050 Definitions.
43.83A.060 Referral to electorate.
43.83A.070 Form, terms, conditions, etc., of bonds.
43.83A.080 Anticipation notes—Pledge and promise—Seal.
43.83A.090 Retirement of bonds from waste disposal facilities bond
redemption fund—Retail sales tax collections—Remedies of
bond holders—Debt-limit general fund bond retirement
account.
43.83A.100 Legislature may provide additional means for payment of
bonds.
43.83A.110 Bonds legal investment for public funds.
43.83A.900 Appropriation.
Waste disposal facilities—1980 bond issue: Chapter 43.99F RCW.
43.83A.010
43.83A.010 Declaration. The long-range development
goals for the state of Washington must include the protection
of the resources and environment of the state and the health
and safety of its people by providing adequate facilities and
systems for the collection, treatment, control, or disposal of
solid or liquid waste materials. [1980 c 21 § 1; 1972 ex.s. c
127 § 1.]
43.83A.020
43.83A.020 General obligation bonds—Authorized—Issuance, sale, terms—Appropriation required.
For the purpose of providing funds for the planning, acquisition, construction, and improvement of public waste disposal
facilities in this state, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of one hundred ninety-five million dollars
or so much thereof as may be required to finance the
improvements defined in this chapter and all costs incidental
thereto. As used in this section the phrase "public waste disposal facilities" shall not include the acquisition of equipment
used to collect, carry, and transport garbage. These bonds
shall be paid and discharged within twenty years of the date
(2004 Ed.)
43.83A.030
43.83A.030 Proceeds to be deposited in state and
local improvements revolving account. The proceeds from
the sale of bonds authorized by this chapter shall be deposited
in the state and local improvements revolving account hereby
created in the state treasury and shall be used exclusively for
the purpose specified in this chapter and for payment of the
expenses incurred in the issuance and sale of the bonds.
[1991 sp.s. c 13 § 43; 1985 c 57 § 44; 1972 ex.s. c 127 § 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.83A.040
43.83A.040 Administration of proceeds—Use of
funds—Integration of disposal systems. The proceeds
from the sale of the bonds deposited in the state and local
improvements revolving account of the general fund under
the terms of this chapter shall be administered by the state
department of ecology subject to legislative appropriation.
The department may use or permit the use of any funds
derived from the sale of bonds authorized under this chapter
to accomplish the purpose for which said bonds are issued by
direct expenditures and by grants or loans to public bodies,
including grants to public bodies as matching funds in any
case where federal, local or other funds are made available on
a matching basis for improvements within the purposes of
this chapter.
The department may not use or permit the use of any
funds derived from the sale of bonds authorized by this chapter for the support of a solid waste recycling activity or service in a locale if the department determines that the activity
or service is reasonably available to persons within that
locale from private enterprise.
Integration of the management and operation of systems
for solid waste disposal with systems of liquid waste disposal
holds promise of improved waste disposal efficiency and
greater environmental protection and restoration. To encourage the planning for and development of such integration, the
legislature may provide for special grant incentives to public
bodies which plan for or operate integrated waste disposal
management systems. [1979 c 68 § 2; 1972 ex.s. c 127 § 4.]
[Title 43 RCW—page 375]
43.83A.050
Title 43 RCW: State Government—Executive
43.83A.050 Definitions. As used in this chapter, the
term "waste disposal facilities" shall mean any facilities or
systems owned or operated by a public body for the collection, storage, treatment, disposal, recycling, control, or recovery of liquid wastes or solid wastes, including, but not limited
to, sanitary sewage, storm water, residential, industrial, and
commercial wastes, material segregated into recyclables and
nonrecyclables, and any combination of such wastes; and all
equipment, utilities, structures, real property, and interests in
and improvements on real property, necessary for or incidental to such purpose.
As used in this chapter, the term "public body" means the
state of Washington or any agency, political subdivision, taxing district, or municipal corporation thereof, and those
Indian tribes now or hereafter recognized as such by the federal government for participation in the federal land and
water conservation program and which may constitutionally
receive grants or loans from the state of Washington. [1980
c 21 § 2; 1979 c 68 § 1; 1972 ex.s. c 127 § 5.]
43.83A.050
43.83A.060
43.83A.060 Referral to electorate. This chapter shall
be submitted to the people for their adoption and ratification,
or rejection, at the general election to be held in this state on
the Tuesday next succeeding the first Monday in November,
1972, in accordance with the provisions of section 3, Article
VIII of the Constitution of the state of Washington, and in
accordance with the provisions of section 1, Article II of the
Constitution of the state of Washington, as amended, and the
laws adopted to facilitate the operation thereof. [1972 ex.s. c
127 § 6.]
Reviser's note: Chapter 43.83A RCW was adopted and ratified by the
people at the November 7, 1972, general election (Referendum Bill No. 26).
Governor's proclamation declaring approval of measure is dated December
7, 1972.
State Constitution Art. 2 § 1(d) provides ". . . Such measure [initiatives
and referendums] shall be in operation on and after the thirtieth day after the
election at which it is approved . . . ."
43.83A.070 Form, terms, conditions, etc., of bonds.
The state finance committee is authorized to prescribe the
form, terms, conditions, and covenants of the bonds, the time
or times of sale of all or any portion of them, and the conditions and manner of their sale and issuance. [1989 c 136 § 3;
1972 ex.s. c 127 § 7.]
43.83A.070
Intent—1989 c 136: See note following RCW 43.83A.020.
43.83A.080 Anticipation notes—Pledge and promise—Seal. When the state finance committee has decided to
issue such bonds or a portion thereof, it may, pending the
issuing of such bonds, issue, in the name of the state, temporary notes in anticipation of the money to be derived from the
sale of such bonds, which notes shall be designated as "anticipation notes". Such portion of the proceeds of the sale of
such bonds as may be required for such purpose shall be
applied to the payment of the principal of and interest on such
anticipation notes which have been issued. The bonds and
notes shall pledge the full faith and credit of the state of
Washington and shall contain an unconditional promise to
pay the principal and interest when due. The state finance
committee may authorize the use of a printed facsimile of the
seal of the state of Washington in the issuance of the bonds
and notes. [1972 ex.s. c 127 § 8.]
43.83A.090
43.83A.090 Retirement of bonds from waste disposal
facilities bond redemption fund—Retail sales tax collections—Remedies of bond holders—Debt-limit general
fund bond retirement account. The waste disposal facilities bond redemption fund is created in the state treasury.
This fund shall be exclusively devoted to the payment of
interest on and retirement of the bonds authorized by this
chapter. The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet such bond
retirement and interest requirements, and on July 1st of each
year the state treasurer shall deposit such amount in the waste
disposal facilities bond redemption fund from moneys transmitted to the state treasurer by the state department of revenue and certified by the department to be sales tax collections. Such amount certified by the state finance committee to
the state treasurer shall be a prior charge against all retail
sales tax revenues of the state of Washington, except that portion thereof heretofore pledged for the payment of bond principal and interest. The owner and holder of each of the bonds
or the trustee for any of the bonds may by mandamus or other
appropriate proceeding require the transfer and payment of
funds as directed herein.
If a debt-limit general fund bond retirement account is
created in the state treasury by chapter 456, Laws of 1997 and
becomes effective prior to the issuance of any of the bonds
authorized by this chapter, the debt-limit general fund bond
retirement account shall be used for the purposes of this chapter in lieu of the waste disposal facilities bond redemption
fund. [1997 c 456 § 12; 1972 ex.s. c 127 § 9.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.83A.100
43.83A.100 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal and interest of the bonds authorized herein, and this
chapter shall not be deemed to provide an exclusive method
for such payment. [1972 ex.s. c 127 § 10.]
43.83A.110
43.83A.110 Bonds legal investment for public funds.
The bonds herein authorized shall be a legal investment for
all state funds, or for funds under state control, and for all
funds of any other public body. [1972 ex.s. c 127 § 11.]
43.83A.080
[Title 43 RCW—page 376]
43.83A.900
43.83A.900 Appropriation. There is appropriated to
the state department of ecology, from the state and local
improvements revolving account out of the proceeds of sale
of the bonds or notes authorized herein, for the period from
the effective date of this act through June 30, 1973, the sum
of ten million dollars for use by said department for grants to
public bodies as state matching funds for the purpose of aiding in the planning, acquisition, construction, and improvement of waste disposal facilities. [1972 ex.s. c 127 § 12.]
Chapter 43.83B
Chapter 43.83B RCW
WATER SUPPLY FACILITIES
Sections
43.83B.005
Transfer of duties to the department of health.
(2004 Ed.)
Water Supply Facilities
43.83B.010
43.83B.020
43.83B.030
43.83B.040
43.83B.050
43.83B.060
43.83B.070
43.83B.080
43.83B.090
43.83B.100
43.83B.110
Declaration.
General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
Proceeds to be deposited in state and local improvements
revolving account.
Administration of proceeds—Use of funds.
Definitions.
Referral to electorate.
Form, terms, conditions, etc., of bonds.
Anticipation notes—Pledge and promise—Seal.
Retirement of bonds from water supply facilities bond
redemption fund—Retail sales tax collections—Remedies
of bond holders.
Legislature may provide additional means for payment of
bonds.
Bonds legal investment for public funds.
AGRICULTURAL WATER SUPPLY FACILITIES
43.83B.200
43.83B.210
43.83B.220
43.83B.230
Deposit of proceeds from repayment of loans, interest, gifts,
grants, etc., in state and local improvements revolving
account—Water supply facilities—Use.
Loans or grants from department of ecology—Authorized—
Limitations.
Contractual agreements.
Provision for recreation, fish and wildlife enhancement and
other public benefits.
EMERGENCY WATER WITHDRAWAL AND FACILITIES
43.83B.300
43.83B.336
43.83B.345
43.83B.350
43.83B.355
43.83B.360
43.83B.365
43.83B.370
43.83B.375
43.83B.380
43.83B.385
43.83B.400
43.83B.405
43.83B.410
43.83B.415
43.83B.420
43.83B.425
43.83B.430
43.83B.900
43.83B.901
Legislative findings—General obligation bonds authorized—Issuance, terms—Appropriation required.
Civil penalties.
Rates of charges for water—Payment into bond redemption
fund—Grants and loans—Contracts.
Loans or grants from department of ecology—Authorized—
Limitations.
Form, sale, conditions, etc., of bonds—"Water supply facilities for water withdrawal and distribution" defined.
State emergency water projects revolving account—Proceeds from sale of bonds.
Administration of proceeds from sale of bonds.
Retirement of bonds and notes from emergency water
projects bond redemption fund—Remedies of bond holders.
Bonds legal investment for public funds.
Appropriations to department of health—Authorized
projects—Conditions.
Appropriations to department of ecology—Authorized
projects—Findings.
Drought conditions—Defined—Intent.
Drought conditions—Withdrawals and diversions—Orders,
procedure.
Drought conditions—Withdrawals and diversions—Orders,
authority granted.
Drought conditions—Loans and grants.
Rules.
Applicability—Construction.
State drought preparedness account.
Severability—1975 1st ex.s. c 295.
Severability—1977 ex.s. c 1.
43.83B.005
43.83B.005 Transfer of duties to the department of
health. The powers and duties of the department of social
and health services under this chapter shall be performed by
the department of health. [1989 1st ex.s. c 9 § 240.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
43.83B.010
43.83B.010 Declaration. The long-range development
goals for the state of Washington must include the provision
of those supportive public services necessary for the development and expansion of industry, commerce, and employment
including the furnishing of an adequate supply of water for
domestic, industrial, and agricultural purposes. [1972 ex.s. c
128 § 1.]
(2004 Ed.)
43.83B.050
43.83B.020 General obligation bonds—Authorized—Issuance, sale, terms—Appropriation required.
For the purpose of providing funds for the planning, acquisition, construction, and improvement of water supply facilities
within the state, the state finance committee is authorized to
issue general obligation bonds of the state of Washington in
the sum of seventy-five million dollars or so much thereof as
may be required to finance the improvements defined in this
chapter and all costs incidental thereto. These bonds shall be
paid and discharged within twenty years of the date of issuance or within thirty years should Article VIII of the Constitution of the state of Washington be amended to permit such
longer term. No bonds authorized by this chapter shall be
offered for sale without prior legislative appropriation of the
proceeds of such bonds to be sold. [1977 ex.s. c 242 § 2;
1972 ex.s. c 128 § 2.]
43.83B.020
Severability—1977 ex.s. c 242: See note following RCW 43.83A.020.
43.83B.030 Proceeds to be deposited in state and
local improvements revolving account. The proceeds from
the sale of bonds authorized by this chapter shall be deposited
in the state and local improvements revolving account hereby
created in the state treasury and shall be used exclusively for
the purpose specified in this chapter and for payment of the
expenses incurred in the issuance and sale of the bonds.
[1991 sp.s. c 13 § 53; 1985 c 57 § 45; 1972 ex.s. c 128 § 3.]
43.83B.030
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.83B.040 Administration of proceeds—Use of
funds. The proceeds from the sale of the bonds deposited in
the state and local improvements revolving account of the
general fund under the terms of this chapter shall be administered by the state department of ecology subject to legislative
appropriation. The department may use or permit the use of
any funds derived from the sale of bonds authorized under
this chapter to accomplish the purpose for which said bonds
are issued by direct expenditures and by grants or loans to
public bodies, including grants to public bodies as matching
funds in any case where federal, local, or other funds are
made available on a matching basis for improvements within
the purposes of this chapter. [1972 ex.s. c 128 § 4.]
43.83B.040
43.83B.050 Definitions. As used in this chapter, the
term "water supply facilities" shall mean municipal, industrial, and agricultural water supply and distribution systems
including, but not limited to, all equipment, utilities, structures, real property, and interests in and improvements on
real property, necessary for or incidental to the acquisition,
construction, installation, or use of any municipal, industrial,
or agricultural water supply or distribution system.
As used in this chapter, the term "public body" means the
state of Washington, or any agency, political subdivision,
taxing district, or municipal corporation thereof, a board of
joint control, an agency of the federal government, and those
Indian tribes now or hereafter recognized as such by the federal government for participation in the federal land and
water conservation program and which may constitutionally
receive grants or loans from the state of Washington. [1996
c 320 § 20; 1975 c 18 § 1; 1972 ex.s. c 128 § 5.]
43.83B.050
[Title 43 RCW—page 377]
43.83B.060
Title 43 RCW: State Government—Executive
43.83B.060
43.83B.060 Referral to electorate. This chapter shall
be submitted to the people for their adoption and ratification,
or rejection, at the general election to be held in this state on
the Tuesday next succeeding the first Monday in November,
1972, in accordance with the provisions of section 3, Article
VIII of the Constitution of the state of Washington, and in
accordance with the provisions of section 1, Article II of the
Constitution of the state of Washington, as amended, and the
laws adopted to facilitate the operation thereof. [1972 ex.s. c
128 § 6.]
Reviser's note: RCW 43.83B.010 through 43.83B.110 was adopted
and ratified by the people at the November 7, 1972, general election (Referendum Bill No. 27). Governor's proclamation declaring approval of measure
is dated December 7, 1972.
State Constitution Art. 2 § 1(d) provides ". . . Such measure [initiatives
and referendums] shall be in operation on and after the thirtieth day after the
election at which it is approved . . . ."
43.83B.070
43.83B.070 Form, terms, conditions, etc., of bonds.
The state finance committee is authorized to prescribe the
form, terms, conditions, and covenants of the bonds, the time
or times of sale of all or any portion of them, and the conditions and manner of their sale and issuance. None of the
bonds herein authorized shall be sold for less than their par
value. [1972 ex.s. c 128 § 7.]
43.83B.080
43.83B.080 Anticipation notes—Pledge and promise—Seal. When the state finance committee has decided to
issue such bonds or a portion thereof, it may, pending the
issuing of such bonds, issue, in the name of the state, temporary notes in anticipation of the money to be derived from the
sale of such bonds, which notes shall be designated as "anticipation notes". Such portion of the proceeds of the sale of
such bonds as may be required for such purpose shall be
applied to the payment of the principal of and interest on such
anticipation notes which have been issued. The bonds and
notes shall pledge the full faith and credit of the state of
Washington and shall contain an unconditional promise to
pay the principal and interest when due. The state finance
committee may authorize the use of a printed facsimile of the
seal of the state of Washington in the issuance of the bonds
and notes. [1972 ex.s. c 128 § 8.]
43.83B.090
43.83B.090 Retirement of bonds from water supply
facilities bond redemption fund—Retail sales tax collections—Remedies of bond holders. The water supply facilities bond redemption fund is created in the state treasury.
This fund shall be exclusively devoted to the payment of
interest on and retirement of the bonds authorized by this
chapter. The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet such bond
retirement and interest requirements, and on July 1st of each
year the state treasurer shall deposit such amount in the water
supply facilities bond redemption fund from moneys transmitted to the state treasurer by the state department of revenue and certified by the department to be sales tax collections. Such amount certified by the state finance committee to
the state treasurer shall be a prior charge against all retail
sales tax revenues of the state of Washington, except that portion thereof heretofore pledged for the payment of bond principal and interest. The owner and holder of each of the bonds
[Title 43 RCW—page 378]
or the trustee for any of the bonds may by mandamus or other
appropriate proceeding require the transfer and payment of
funds as directed herein. [1972 ex.s. c 128 § 9.]
43.83B.100
43.83B.100 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal and interest of the bonds authorized herein, and this
chapter shall not be deemed to provide an exclusive method
for such payment. [1972 ex.s. c 128 § 10.]
43.83B.110
43.83B.110 Bonds legal investment for public funds.
The bonds herein authorized shall be a legal investment for
all state funds or for funds under state control and for all
funds of any other public body. [1972 ex.s. c 128 § 11.]
AGRICULTURAL WATER SUPPLY FACILITIES
43.83B.200
43.83B.200 Deposit of proceeds from repayment of
loans, interest, gifts, grants, etc., in state and local
improvements revolving account—Water supply facilities—Use. The proceeds from repayment of any loans made
for agricultural water supply facilities and the interest earned
from such loans, any gifts, grants, or other funds provided to
the state for agricultural water supply facilities, and any interest earned on the interim investment of such funds or proceeds shall be deposited in the state and local improvements
revolving account—water supply facilities and shall be used
exclusively for agricultural water supply facilities. [1975 1st
ex.s. c 295 § 1.]
43.83B.210
43.83B.210 Loans or grants from department of ecology—Authorized—Limitations. The department of ecology is authorized to make loans or grants or combinations
thereof from funds under RCW 43.83B.010 through
43.83B.110 to eligible public bodies as defined in RCW
43.83B.050 for rehabilitation or betterment of agricultural
water supply facilities, and/or construction of agricultural
water supply facilities required to develop new irrigated
lands. The department of ecology may make such loans or
grants or combinations thereof as matching funds in any case
where federal, local, or other funds have been made available
on a matching basis. A loan or combination loan and grant
shall not exceed fifty percent of the approved eligible project
cost for any single proposed project. Any grant or grant portion of a combination loan and grant from funds under RCW
43.83B.010 through 43.83B.110 for any single proposed
project shall not exceed fifteen percent of the eligible project
costs: PROVIDED, That the fifteen percent limitation established herein shall not be applicable to project commitments
which the director or deputy director of the state department
of ecology made to the bureau of reclamation of the United
States department of interior for providing state funding at
thirty-five percent of project costs during the period between
August 1, 1974, and June 30, 1975. [1989 c 171 § 7; 1988 c
46 § 1; 1987 c 343 § 4; 1977 ex.s. c 1 § 11; 1975-'76 2nd ex.s.
c 36 § 1; 1975 1st ex.s. c 295 § 3.]
Severability—1989 c 171: See note following RCW 43.83B.400.
Severability—1987 c 343: See note following RCW 43.83B.300.
(2004 Ed.)
Water Supply Facilities
43.83B.220 Contractual agreements. In addition to
the powers granted by RCW 43.83B.210, the director of the
department of ecology or his designee is authorized to make
contractual agreements in accordance with provisions of this
chapter on behalf of the state of Washington. Contractual
agreements shall include provisions to secure such loans, and
shall assure the proper and timely payment of said loans or
loan portions of combination loans and grants. [1989 c 11 §
17; 1975 1st ex.s. c 295 § 5.]
43.83B.220
Severability—1989 c 11: See note following RCW 9A.56.220.
43.83B.230
43.83B.230 Provision for recreation, fish and wildlife
enhancement and other public benefits. In the course of
considering applications under this chapter, the department
of ecology shall make known to other state agencies possibilities which may arise to provide public benefits such as recreation or fish and wildlife enhancement in connection with
proposed projects. Such agencies, including the department
of ecology, are authorized to participate in said projects provided agency funds are made available to pay the full cost of
their participation. [1975 1st ex.s. c 295 § 14.]
EMERGENCY WATER WITHDRAWAL
AND FACILITIES
43.83B.300
43.83B.300 Legislative findings—General obligation
bonds authorized—Issuance, terms—Appropriation
required. The legislature finds that the fundamentals of
water resource policy in this state must be reviewed by the
legislature to ensure that the water resources of the state are
protected and fully utilized for the greatest benefit to the people of the state of Washington. The legislature further finds
that it is necessary to provide the department of ecology with
emergency powers to authorize withdrawals of public surface
and ground waters, including dead storage within reservoirs,
on a temporary basis, and construction of facilities in relation
thereto, in order to alleviate emergency water supply conditions arising from the drought forecast for the state of Washington during 1977 and during 1987 through 1989.
The legislature further finds that there is a continuing
water supply shortage in many areas of the state and that
there is an urgent need to assure the survival of irrigated
crops and of the state's fisheries.
The legislature further finds that in addition to water
storage facilities or other augmentation programs, improved
efficiency of water use could provide an important new supply of water in many parts of the state with which to meet
future water needs and that improved efficiency of water use
should receive greater emphasis in the management of the
state's water resources.
In order to study the fundamentals of water resource policy of the state and to provide needed moneys for the planning, acquisition, construction, and improvement of water
supply facilities and for other appropriate measures to assure
the survival of irrigated crops and/or the state's fisheries to
alleviate emergency water supply conditions arising from
droughts occurring from time to time in the state of Washington, and to carry out a comprehensive water use efficiency
study for the state of Washington, the state finance committee
is authorized to issue general obligation bonds of the state of
Washington in the sum of eighteen million dollars, or so
(2004 Ed.)
43.83B.350
much thereof as may be required to finance such projects, and
all costs incidental thereto. No bonds authorized by this section and RCW 43.83B.360 through 43.83B.375 shall be
offered for sale without prior legislative appropriation, and
these bonds shall be paid and discharged within thirty years
of the date of issuance in accordance with Article VIII, section 1 of the state Constitution. [1988 c 47 § 1; 1988 c 46 §
2; 1988 c 45 § 1; 1987 c 343 § 1; 1979 ex.s. c 263 § 1; 1977
ex.s. c 1 § 1.]
Reviser's note: This section was amended by 1988 c 45 § 1, 1988 c 46
§ 2, and by 1988 c 47 § 1, each without reference to the other. All amendments are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Application—1988 c 47: "Nothing in this act shall apply to or interfere
with the processing or issuance of water rights in connection with the
Yakima River Basin Water Enhancement Project." [1988 c 47 § 8.]
Severability—1988 c 47: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1988 c 47 § 9.]
Severability—1987 c 343: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 343 § 11.]
Severability—1979 ex.s. c 263: "If any provision of this 1979 amendatory act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 263 § 5.]
43.83B.336
43.83B.336 Civil penalties.
See RCW 90.03.600.
43.83B.345
43.83B.345 Rates of charges for water—Payment
into bond redemption fund—Grants and loans—Contracts. (1) The department of ecology shall, by rule, establish rates of charges for all waters delivered from such facilities as constructed by the department with funds provided in
RCW 43.83B.385 (2) or (3). Where the department provides
water to public or municipal corporations or other governmental bodies having authority to distribute water, the payment for the water may be made pursuant to contract over a
period not exceeding twenty-five years from the date of
delivery. In all other cases, the department shall obtain payment for waters prior to its delivery to a purchaser. All payments received shall be deposited into the state emergency
water projects bond redemption fund of 1977.
(2) Public bodies, eligible to obtain funds through grants
or loans or combinations thereof under the provisions of
*RCW 43.83B.300 through 43.83B.345 and 43.83B.210 as
now or hereafter amended, are authorized to enter into contracts with the department of ecology for the purpose of
repaying loans authorized by RCW 43.83B.380 and
43.83B.385 and for the purpose of purchasing water under
this section.
(3) The department of ecology is authorized to enter into
appropriate contracts to ensure effective delivery of water
and the operation and maintenance of facilities constructed
pursuant to *RCW 43.83B.300 through 43.83B.385,
43.83B.901, and 43.83B.210. [1977 ex.s. c 1 § 10.]
*Reviser's note: RCW 43.83B.305 through 43.83B.330 and
43.83B.340 through 43.83B.344 were repealed by 1989 c 171 § 12.
43.83B.350
43.83B.350 Loans or grants from department of ecology—Authorized—Limitations. See RCW 43.83B.210.
[Title 43 RCW—page 379]
43.83B.355
Title 43 RCW: State Government—Executive
43.83B.355
43.83B.355 Form, sale, conditions, etc., of bonds—
"Water supply facilities for water withdrawal and distribution" defined. The state finance committee is authorized
to prescribe the form of the bonds authorized in RCW
43.83B.300, the time of sale of all or any portion or portions
of such bonds, and the conditions of sale and issuance
thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee may
provide that the bonds, or any of them, may be called prior to
the due date thereof under such terms and conditions as it
may determine. The state finance committee may authorize
the use of facsimile signatures in the issuance of the bonds.
As used in RCW 43.83B.300, and 43.83B.355 through
43.83B.375, the term "water supply facilities for water withdrawal and distribution" shall mean municipal, industrial,
and agricultural water supply and distribution systems
including, but not limited to, all equipment, utilities, structures, real property, and interest in and improvements on real
property necessary for or incidental to the acquisition, construction, installation, improvement, or use of any water supply or distribution system furnishing water for agricultural,
municipal or industrial purposes. [1977 ex.s. c 1 § 12.]
43.83B.360
43.83B.360 State emergency water projects revolving
account—Proceeds from sale of bonds. The proceeds from
the sale of bonds authorized by RCW 43.83B.300, and
43.83B.355 through 43.83B.375 shall be deposited in the
state emergency water projects revolving account, hereby
created in the state treasury, and shall be used exclusively for
the purposes specified in RCW 43.83B.300, and 43.83B.355
through 43.83B.375 and for the payment of expenses
incurred in the issuance and sale of such bonds. [1991 sp.s. c
13 § 33; 1985 c 57 § 46; 1977 ex.s. c 1 § 13.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.83B.365
43.83B.365 Administration of proceeds from sale of
bonds. The principal proceeds from the sale of the bonds
authorized in RCW 43.83B.300, and 43.83B.355 through
43.83B.375 shall be administered by the director of the
department of ecology. [1977 ex.s. c 1 § 14.]
43.83B.370
43.83B.370 Retirement of bonds and notes from
emergency water projects bond redemption fund—Remedies of bond holders. The state emergency water projects
bond redemption fund of 1977, hereby created in the state
treasury, shall be used for the purpose of the payment of
interest on and retirement of the bonds and notes authorized
to be issued by RCW 43.83B.300, and 43.83B.355 through
43.83B.375. The state finance committee, on or before June
30th of each year, shall certify to the state treasurer the
amount needed in the ensuing twelve months, to meet bond
retirement and interest requirements. Not less than thirty days
prior to the date on which any such interest or principal and
interest payment is due, the state treasurer shall withdraw
from any general state revenues received in the state treasury
and deposit in the 1977 emergency water projects bond
[Title 43 RCW—page 380]
redemption fund an amount equal to the amount certified by
the state finance committee to be due on such payment date.
The owner and holder of each of the bonds or the trustee
for any of the bonds, by mandamus or other appropriate proceeding, may require and compel the transfer and payment of
funds as directed herein. [1977 ex.s. c 1 § 15.]
43.83B.375
43.83B.375 Bonds legal investment for public funds.
The bonds authorized by RCW 43.83B.300, and 43.83B.355
through 43.83B.375 shall be a legal investment for all state
funds under state control and all funds of municipal corporations. [1977 ex.s. c 1 § 16.]
43.83B.380
43.83B.380 Appropriations to department of
health—Authorized projects—Conditions. There is
hereby appropriated to the department of health the sum of
nine million seven hundred thirty-seven thousand dollars, or
so much thereof as may be necessary, for the biennium ending June 30, 1977, from the general fund—state and local
improvements revolving account—water supply facilities for
the purposes authorized in *RCW 43.83B.300 through
43.83B.345 and 43.83B.210 as now or hereafter amended
relating to the emergency water conditions arising from the
drought forecast for the summer and fall of 1977 affecting
municipal and industrial water supply distribution facilities.
Prior to the expenditure of funds for projects approved by the
department, the department shall file a listing of the approved
projects with the senate ways and means committee and the
house appropriations committee.
(2) There is hereby appropriated to the department of
health the sum of five million three hundred twenty-seven
thousand dollars, or so much thereof as may be necessary, for
the biennium ending June 30, 1977, from the general fund—
state and local improvements revolving account—water supply facilities to be expended for municipal and industrial
water supply and distribution facility projects for which
applications are in progress on March 25, 1977 and have
arisen from the drought forecast for the summer and fall of
1977. Prior to the expenditure of funds for projects approved
by the department, the department shall file a listing of the
approved projects with the senate ways and means committee
and the house appropriations committee.
The municipal and industrial water supply and distribution facilities receiving funds from the appropriations contained in this section shall comply with the eligible costs criteria, health and design standards, and contract performance
requirements of the municipal and industrial funding program under chapter 43.83B RCW. All projects shall be evaluated by applying the said chapter's evaluation and prioritization criteria to insure that only projects related to water shortage problems receive funding. The projects funded shall be
limited to those projects providing interties with adjacent
utilities, an expanded source of supply, conservation projects
which will conserve or maximize efficiency of the existing
supply, or a new source of supply. No obligation to provide a
grant for a project authorized under this section shall be
incurred after June 30, 1977. [1991 c 3 § 300; 1977 ex.s. c 1
§ 17.]
*Reviser's note: RCW 43.83B.305 through 43.83B.330 and
43.83B.340 through 43.83B.344 were repealed by 1989 c 171 § 12.
(2004 Ed.)
Water Supply Facilities
43.83B.385
43.83B.385 Appropriations to department of ecology—Authorized projects—Findings. (1) There is hereby
appropriated to the department of ecology for the biennium
ending June 30, 1977, from the state emergency water
projects revolving account in the general fund, the sum of
seven million dollars, or so much thereof as may be necessary, which shall be expended for the financing of the following agricultural water supply and distribution projects from
surface water sources: Kennewick Irrigation District; Kittitas
Reclamation District; Stemilt Irrigation District; Wenatchee
Heights Reclamation District; and the Wenatchee Reclamation District.
(2) There is hereby appropriated to the department of
ecology for the biennium ending June 30, 1977, from the
state emergency water projects revolving account in the general fund, the sum of five million dollars, or so much thereof
as may be necessary, which shall be expended for the financing and construction of agricultural water supply and distribution projects from ground water sources primarily in the
Moxee-Ahtanum and Park Creek aquifer areas.
(3) There is hereby appropriated to the department of
ecology for the biennium ending June 30, 1977, from the
state emergency water supply revolving account in the general fund the sum of six million dollars, or so much thereof as
may be necessary, which shall be expended for water withdrawal projects relating to ground and surface waters as provided for in subsections (1) and (2) of this section and for the
financing and construction of agricultural water supply and
distribution projects from ground and surface water sources
which may become required by public bodies other than
those identified in this section as a result of the drought forecast for the summer and fall of 1977.
The department may expend funds from the appropriations contained in subsections (1), (2), and (3) of this section
to make loans or combinations of loans and grants to public
bodies as defined in RCW 43.83B.050. The grant portion of a
combination loan and grant to a public body for any project
shall not exceed fifteen percent of the total amount received
by such project under this section.
The department may expend funds from the appropriations contained in subsections (1), (2), and (3) of this section
to make loans or combinations of loans and grants to public
bodies as defined in RCW 43.83B.050 to satisfy the matching
requirements of RCW 43.83B.210 as now or hereafter
amended.
Prior to the funding of any agriculture projects not specifically set forth in this section the department must make a
formal finding that: An emergency water shortage condition
exists; the project proposed for funding will alleviate the
water shortage; the public body recipient of any funds has
reasonable capability to repay the loan involved; and the
water from the project will be used for a beneficial purpose as
a substitute for water not available due to drought conditions.
[1977 ex.s. c 1 § 18.]
43.83B.400
43.83B.400 Drought conditions—Defined—Intent. It
is the intent of the legislature to provide emergency powers to
the department of ecology to enable it to take actions, in a
timely and expeditious manner, that are designed to alleviate
hardships and reduce burdens on various water users and uses
arising from drought conditions. As used in this chapter,
(2004 Ed.)
43.83B.410
"drought condition" means that the water supply for a geographical area or for a significant portion of a geographical
area is below seventy-five percent of normal and the water
shortage is likely to create undue hardships for various water
uses and users. [1989 c 171 § 1.]
Severability—1989 c 171: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1989 c 171 § 14.]
43.83B.405
43.83B.405 Drought conditions—Withdrawals and
diversions—Orders, procedure. (1) Whenever it appears to
the department of ecology that a drought condition either
exists or is forecast to occur within the state or portions
thereof, the department of ecology is authorized to issue
orders, pursuant to rules previously adopted, to implement
the powers as set forth in RCW 43.83B.410 through
43.83B.420. The department shall, immediately upon the
issuance of an order under this section, cause said order to be
published in newspapers of general circulation in the areas of
the state to which the order relates. Prior to the issuance of an
order, the department shall (a) consult with and obtain the
views of the federal and state government entities identified
in the drought contingency plan periodically revised by the
department pursuant to RCW 43.83B.410(4), and (b) obtain
the written approval of the governor. Orders issued under this
section shall be deemed orders for the purposes of chapter
34.05 RCW.
(2) Any order issued under subsection (1) of this section
shall contain a termination date for the order. The termination
date shall be not later than one calendar year from the date the
order is issued. Although the department may, with the written approval of the governor, change the termination date by
amending the order, no such amendment or series of amendments may have the effect of extending its termination to a
date which is later than two calendar years after the issuance
of the order.
(3) The provisions of subsection (2) of this section do not
preclude the issuance of more than one order under subsection (1) of this section for different areas of the state or
sequentially for the same area as the need arises for such an
order or orders. [1989 c 171 § 2.]
Severability—1989 c 171: See note following RCW 43.83B.400.
43.83B.410
43.83B.410 Drought conditions—Withdrawals and
diversions—Orders, authority granted. Upon the issuance
of an order under RCW 43.83B.405, the department of ecology is empowered to:
(1)(a) Authorize emergency withdrawal of public surface and ground waters, including dead storage within reservoirs, on a temporary basis and authorize associated physical
works which may be either temporary or permanent. The termination date for the authority to make such an emergency
withdrawal may not be later than the termination date of the
order issued under RCW 43.83B.405 under which the power
to authorize the withdrawal is established. The department of
ecology may issue such withdrawal authorization when, after
investigation and after providing appropriate federal, state,
and local governmental bodies an opportunity to comment,
the following are found:
[Title 43 RCW—page 381]
43.83B.415
Title 43 RCW: State Government—Executive
(i) The waters proposed for withdrawal are to be used for
a beneficial use involving a previously established activity or
purpose;
(ii) The previously established activity or purpose was
furnished water through rights applicable to the use of a public body of water that cannot be exercised due to the lack of
water arising from natural drought conditions; and
(iii) The proposed withdrawal will not reduce flows or
levels below essential minimums necessary (A) to assure the
maintenance of fisheries requirements, and (B) to protect federal and state interests including, among others, power generation, navigation, and existing water rights;
(b) All withdrawal authorizations issued under this section shall contain provisions that allow for termination of
withdrawals, in whole or in part, whenever withdrawals will
conflict with flows and levels as provided in (a)(iii) of this
subsection. Domestic and irrigation uses of public surface
and ground waters shall be given priority in determining
"beneficial uses." As to water withdrawal and associated
works authorized under this subsection, the requirements of
chapter 43.21C RCW and public bidding requirements as
otherwise provided by law are waived and inapplicable. All
state and local agencies with authority to issue permits or
other authorizations for such works shall, to the extent possible, expedite the processing of the permits or authorizations
in keeping with the emergency nature of the requests and
shall provide a decision to the applicant within fifteen calendar days of the date of application. All state departments or
other agencies having jurisdiction over state or other public
lands, if such lands are necessary to effectuate the withdrawal
authorizations issued under this subsection, shall provide
short-term easements or other appropriate property interest
upon the payment of the fair market value. This mandate
shall not apply to any lands of the state that are reserved for a
special purpose or use that cannot properly be carried out if
the property interest were conveyed;
(2) Approve a temporary change in purpose, place of
use, or point of diversion, consistent with existing state policy allowing transfer or lease of waters between willing parties, as provided for in RCW 90.03.380, 90.03.390, and
90.44.100. However, compliance with any requirements of
(a) notice of newspaper publication of these sections or (b)
the state environmental policy act, chapter 43.21C RCW, is
not required when such changes are necessary to respond to
drought conditions as determined by the department of ecology. An approval of a temporary change of a water right as
authorized under this subsection is not admissible as evidence in either supporting or contesting the validity of water
claims in State of Washington, Department of Ecology v.
Acquavella, Yakima county superior court number 77-201484-5 or any similar proceeding where the existence of a
water right is at issue.
(3) Employ additional persons for specified terms of
time, consistent with the term of a drought condition, as are
necessary to ensure the successful performance of the activities associated with implementing the emergency drought
program of this chapter.
(4) Revise the drought contingency plan previously
developed by the department; and
(5) Acquire needed emergency drought-related equipment. [1989 c 171 § 3.]
[Title 43 RCW—page 382]
Severability—1989 c 171: See note following RCW 43.83B.400.
43.83B.415
43.83B.415 Drought conditions—Loans and grants.
(1) The department of ecology is authorized to make loans,
grants, or combinations of loans and grants from emergency
agricultural water supply funds when necessary to provide
water to alleviate emergency drought conditions in order to
ensure the survival of irrigated crops and the state's fisheries.
For the purposes of this section, "emergency agricultural
water supply funds" means funds appropriated from the state
emergency water projects revolving account created under
RCW 43.83B.360. The department of ecology may make the
loans, grants, or combinations of loans and grants as matching funds in any case where federal, local, or other funds have
been made available on a matching basis. The department
may make a loan of up to ninety percent of the total eligible
project cost or combination loan and grant up to one hundred
percent of the total single project cost. The grant portion for
any single project shall not exceed twenty percent of the total
project cost except that, for activities forecast to have fifty
percent or less of normal seasonal water supply, the grant
portion for any single project or entity shall not exceed forty
percent of the total project cost. No single entity shall receive
more than ten percent of the total emergency agricultural
water supply funds available for drought relief. These funds
shall not be used for nonagricultural drought relief purposes
unless there are no other capital budget funds available for
these purposes. In any biennium the total expenditures of
emergency agricultural water supply funds for nonagricultural drought relief purposes may not exceed ten percent of
the total of such funds available during that biennium.
(2)(a) Except as provided in (b) of this subsection, after
June 30, 1989, emergency agricultural water supply funds,
including the repayment of loans and any accrued interest,
shall not be used for any purpose except during drought conditions as determined under RCW 43.83B.400 and
43.83B.405.
(b) Emergency agricultural water supply funds may be
used on a one-time basis for the development of procedures
to be used by state governmental entities to implement the
state's drought contingency plan. [1989 c 171 § 4.]
Severability—1989 c 171: See note following RCW 43.83B.400.
43.83B.420
43.83B.420 Rules. The department shall adopt such
rules as are necessary to ensure the successful implementation of this chapter. [1989 c 171 § 5.]
Severability—1989 c 171: See note following RCW 43.83B.400.
43.83B.425
43.83B.425 Applicability—Construction. Nothing in
this chapter shall:
(1) Authorize any interference whatsoever with existing
water rights;
(2) Authorize the establishment of rights to withdrawal
of waters of a permanent nature or of rights with any priority;
(3) Authorize the establishment of a water right under
RCW 90.03.250 or 90.44.060;
(4) Preclude any person from filing an application pursuant to RCW 90.03.250 or 90.44.060. [1989 c 171 § 6.]
Severability—1989 c 171: See note following RCW 43.83B.400.
(2004 Ed.)
Recreation Improvements Bond Issue
43.83B.430
43.83B.430 State drought preparedness account. The
state drought preparedness account is created in the state treasury. All receipts from appropriated funds designated for the
account and funds transferred from the state emergency water
projects revolving account must be deposited into the
account. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used
only for drought preparedness. During the 2001-2003 fiscal
biennium, the legislature may transfer from the state drought
preparedness account to the state general fund such amounts
as reflect the excess fund balance of the account. [2002 c 371
§ 910; 1999 c 379 § 921.]
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Effective date—1999 c 379: See note following RCW 43.98A.040.
43.83B.900
43.83B.900 Severability—1975 1st ex.s. c 295. If any
provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1975 1st ex.s. c 295 § 17.]
43.83B.901
43.83B.901 Severability—1977 ex.s. c 1. If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 1 § 19.]
Chapter 43.83C RCW
RECREATION IMPROVEMENTS BOND ISSUE
Chapter 43.83C
Sections
43.83C.010 Declaration.
43.83C.020 General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
43.83C.040 Administration of proceeds—Division into shares—Use of
funds.
43.83C.050 Definitions.
43.83C.060 Referral to electorate.
43.83C.070 Form, terms, conditions, etc., of bonds.
43.83C.080 Anticipation notes—Pledge and promise—Seal.
43.83C.090 Retirement of bonds from recreation improvements bond
redemption fund—Retail sales tax collections—Remedies of
bond holders.
43.83C.100 Legislature may provide additional means for payment of
bonds.
43.83C.110 Bonds legal investment for public funds.
43.83C.010
43.83C.010 Declaration. The long-range development
goals for the state of Washington must include the acquisition, preservation, and improvement of recreation areas and
facilities for the use and enjoyment of present and future residents of the state and the further development of the state's
tourism and recreation economic base. [1972 ex.s. c 129 §
1.]
43.83C.020
43.83C.020 General obligation bonds—Authorized—Issuance, sale, terms—Appropriation required.
For the purpose of providing funds for the planning, acquisition, preservation, development, and improvement of recreation areas and facilities in this state, the state finance committee is authorized to issue general obligation bonds of the
state of Washington in the sum of forty million dollars or so
much thereof as may be required to finance the improve(2004 Ed.)
43.83C.050
ments defined in this chapter and all costs incidental thereto.
These bonds shall be paid and discharged within twenty years
of the date of issuance or within thirty years should Article
VIII of the Constitution of the state of Washington be
amended to permit such longer term. No bonds authorized by
this chapter shall be offered for sale without prior legislative
appropriation of the proceeds of such bonds to be sold. [1977
ex.s. c 242 § 3; 1972 ex.s. c 129 § 2.]
Severability—1977 ex.s. c 242: See note following RCW 43.83A.020.
43.83C.040
43.83C.040 Administration of proceeds—Division
into shares—Use of funds. The proceeds from the sale of
the bonds deposited in the *state and local improvements
revolving account of the general fund under the terms of this
chapter shall be divided into three shares as follows:
(1) Thirty-five percent of such proceeds shall be administered, subject to legislative appropriation, by the interagency committee for outdoor recreation through the outdoor
recreation account and allocated to the state of Washington,
or any agency or department thereof, for the acquisition, preservation, and development of recreation areas and facilities
by the state. The committee may use or permit the use of any
portion of such share as matching funds in any case where
federal, local, or other funds are made available on a matching basis for improvements within the purposes of this chapter.
(2) Thirty-five percent of such proceeds shall be administered, subject to legislative appropriation, by the interagency committee for outdoor recreation through the outdoor
recreation account and allocated to public bodies for the
acquisition, preservation, development, and improvement of
recreational areas and facilities within the jurisdiction of such
bodies. The committee may use or permit the use of any portion of such share for loans or grants to public bodies including use as matching funds in any case where federal, local, or
other funds are made available on a matching basis for
improvements within the purposes of this chapter.
(3) Thirty percent of such proceeds shall be allocated to
the state parks and recreation commission, subject to legislative appropriation, for improvement of existing state parks
and the acquisition and preservation of historic sites and
buildings. The commission may use or permit the use of any
portion of such share as matching funds in any case where
federal, local, or other funds are made available on a matching basis for improvements within the purposes of this chapter.
In the event that the bonds authorized by this chapter are
sold in more than one series the above division into shares
shall apply to the total proceeds of the bonds authorized by
this chapter and not to the proceeds of each separate series.
[1972 ex.s. c 129 § 4.]
*Reviser's note: The "state and local improvements revolving account"
was created in RCW 43.83C.030 which was repealed by 2000 c 150 § 2,
effective July 1, 2001.
43.83C.050
43.83C.050 Definitions. As used in this chapter, the
phrase "acquisition, preservation, development, and
improvement of recreation areas and facilities" shall include
the acquisition, development, and improvement of real property, or any interest therein, for park and recreation purposes,
including the acquisition and construction of all structures,
[Title 43 RCW—page 383]
43.83C.060
Title 43 RCW: State Government—Executive
utilities, equipment, and improvements necessary or incidental to such purposes, the acquisition and preservation of historic sites and buildings and of scenic and environmentally
valuable areas of the state, and the improvement of existing
park and recreation areas and facilities.
As used in this chapter, the term "public body" means
any political subdivision, taxing district, or municipal corporation of the state of Washington, and those Indian tribes now
or hereafter recognized as such by the federal government for
participation in the federal land and water conservation program and which may constitutionally receive grants or loans
from the state of Washington. [1972 ex.s. c 129 § 5.]
43.83C.060
43.83C.060 Referral to electorate. This chapter shall
be submitted to the people for their adoption and ratification,
or rejection, at the general election to be held in this state on
the Tuesday next succeeding the first Monday in November,
1972, in accordance with the provisions of section 3, Article
VIII of the Constitution of the state of Washington, and in
accordance with the provisions of section 1, Article II of the
Constitution of the state of Washington, as amended, and the
laws adopted to facilitate the operation thereof. [1972 ex.s. c
129 § 6.]
Reviser's note: Chapter 43.83C RCW was adopted and ratified by the
people at the November 7, 1972, general election (Referendum Bill No. 28).
Governor's proclamation declaring approval of measure is dated December
7, 1972.
State Constitution Art. 2 § 1(d) provides ". . . Such measure [initiatives
and referendums] shall be in operation on and after the thirtieth day after the
election at which it is approved . . . ."
payment of interest on and retirement of the bonds authorized
by this chapter. The state finance committee shall, on or
before June 30th of each year, certify to the state treasurer the
amount needed in the ensuing twelve months to meet such
bond retirement and interest requirements, and on July 1st of
each year the state treasurer shall deposit such amount in the
recreation improvements bond redemption fund from moneys transmitted to the state treasurer by the state department
of revenue and certified by the department to be sales tax collections. Such amount certified by the state finance committee to the state treasurer shall be a prior charge against all
retail sales tax revenues of the state of Washington, except
that portion thereof heretofore pledged for the payment of
bond principal and interest. The owner and holder of each of
the bonds or the trustee for any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed herein. [1972 ex.s. c 129 § 9.]
43.83C.100
43.83C.100 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal and interest of the bonds authorized herein, and this
chapter shall not be deemed to provide an exclusive method
for such payment. [1972 ex.s. c 129 § 10.]
43.83C.110
43.83C.110 Bonds legal investment for public funds.
The bonds herein authorized shall be a legal investment for
all state funds or for funds under state control and for all
funds of any public body. [1972 ex.s. c 129 § 11.]
43.83C.070
43.83C.070 Form, terms, conditions, etc., of bonds.
The state finance committee is authorized to prescribe the
form, terms, conditions, and covenants of the bonds, the time
or times of sale of all or any portion of them, and the conditions and manner of their sale and issuance. None of the
bonds herein authorized shall be sold for less than their par
value. [1972 ex.s. c 129 § 7.]
43.83C.080
43.83C.080 Anticipation notes—Pledge and promise—Seal. When the state finance committee has decided to
issue such bonds or a portion thereof, it may, pending the
issuing of such bonds, issue, in the name of the state, temporary notes in anticipation of the money to be derived from the
sale of such bonds, which notes shall be designated as "anticipation notes". Such portion of the proceeds of the sale of
such bonds as may be required for such purpose shall be
applied to the payment of the principal of and interest on such
anticipation notes which have been issued. The bonds and
notes shall pledge the full faith and credit of the state of
Washington and shall contain an unconditional promise to
pay the principal and interest when due. The state finance
committee may authorize the use of a printed facsimile of the
seal of the state of Washington in the issuance of the bonds
and notes. [1972 ex.s. c 129 § 8.]
43.83C.090
43.83C.090 Retirement of bonds from recreation
improvements bond redemption fund—Retail sales tax
collections—Remedies of bond holders. The recreation
improvements bond redemption fund is hereby created in the
state treasury. This fund shall be exclusively devoted to the
[Title 43 RCW—page 384]
Chapter 43.83D RCW
SOCIAL AND HEALTH SERVICES FACILITIES
1972 BOND ISSUE
Chapter 43.83D
Sections
43.83D.010 Declaration.
43.83D.020 General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
43.83D.030 Proceeds to be deposited in state and local improvements
revolving account.
43.83D.040 Administration of proceeds—Comprehensive plan—Use of
funds.
43.83D.050 Definitions.
43.83D.060 Referral to electorate.
43.83D.070 Form, terms, conditions, etc., of bonds.
43.83D.080 Anticipation notes—Pledge and promise—Seal.
43.83D.090 Retirement of bonds from social and health service facilities
bond redemption fund—Retail sales tax collections—Remedies of bond holders.
43.83D.100 Legislature may provide additional means for payment of
bonds.
43.83D.110 Bonds legal investment for public funds.
43.83D.010
43.83D.010 Declaration. The physical and mental
health of the people of the state directly affects the achievement of economic progress and full employment. The establishment of a system of regional and community health and
social service facilities will provide the improved and convenient health and social services needed for an efficient work
force and a healthy and secure people. [1972 ex.s. c 130 § 1.]
43.83D.020
43.83D.020 General obligation bonds—Authorized—Issuance, sale, terms—Appropriation required.
For the purpose of providing funds for the planning, acquisi(2004 Ed.)
Social and Health Services Facilities 1972 Bond Issue
tion, construction, and improvement of health and social service facilities in this state, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of twenty-five million dollars or so
much thereof as may be required to finance the improvements defined in this chapter and all costs incidental thereto.
These bonds shall be paid and discharged within twenty years
of the date of issuance or within thirty years should Article
VIII of the Constitution of the state of Washington be
amended to permit such longer term. No bonds authorized by
this chapter shall be offered for sale without prior legislative
appropriation of the proceeds of such bonds to be sold. [1977
ex.s. c 242 § 4; 1972 ex.s. c 130 § 2.]
Severability—1977 ex.s. c 242: See note following RCW 43.83A.020.
43.83D.030
43.83D.030 Proceeds to be deposited in state and
local improvements revolving account. The proceeds from
the sale of bonds authorized by this chapter shall be deposited
in the state and local improvements revolving account in the
state treasury and shall be used exclusively for the purpose
specified in this chapter and for payment of the expenses
incurred in the issuance and sale of the bonds. [1991 sp.s. c
13 § 55; 1985 c 57 § 48; 1972 ex.s. c 130 § 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.83D.090
receive grants or loans from the state of Washington. [1972
ex.s. c 130 § 5.]
43.83D.060
43.83D.060 Referral to electorate. This chapter shall
be submitted to the people for their adoption and ratification,
or rejection, at the general election to be held in this state on
the Tuesday next succeeding the first Monday in November,
1972, in accordance with the provisions of section 3, Article
VIII of the Constitution of the state of Washington, and in
accordance with the provisions of section 1, Article II of the
Constitution of the state of Washington, as amended, and the
laws adopted to facilitate the operation thereof. [1972 ex.s. c
130 § 6.]
Reviser's note: Chapter 43.83D RCW was adopted and ratified by the
people at the November 7, 1972, general election (Referendum Bill No. 29).
Governor's proclamation declaring approval of measure is dated December
7, 1972.
State Constitution Art. 2 § 1(d) provides ". . . Such measure [initiatives
and referendums] shall be in operation on and after the thirtieth day after the
election at which it is approved. . . ."
43.83D.070
43.83D.070 Form, terms, conditions, etc., of bonds.
The state finance committee is authorized to prescribe the
form, terms, conditions, and covenants of the bonds, the time
or times of sale of all or any portion of them, and the conditions and manner of their sale and issuance. None of the
bonds herein authorized shall be sold for less than their par
value. [1972 ex.s. c 130 § 7.]
43.83D.040
43.83D.040 Administration of proceeds—Comprehensive plan—Use of funds. The proceeds from the sale of
the bonds deposited in the state and local improvements
revolving account of the general fund under the terms of this
chapter shall be administered by the state department of
social and health services, subject to legislative appropriation. The department shall prepare a comprehensive plan for
a system of social and health service facilities for the state
and may use or permit the use of any funds derived from the
sale of bonds authorized under this chapter to accomplish
such plan by direct expenditures and by grants or loans to
public bodies, including grants to public bodies as matching
funds in any case where federal, local, or other funds are
made available on a matching basis for improvements within
the purposes of this chapter. [1972 ex.s. c 130 § 4.]
43.83D.050
43.83D.050 Definitions. As used in this chapter, the
term "social and health service facilities" shall mean real
property, and interests therein, equipment, buildings, structures, mobile units, parking facilities, utilities, landscaping,
and all incidental improvements and appurtenances, developed as a part of a comprehensive plan for a system of social
and health service facilities for the state including, without
limitation, facilities for social services, adult and juvenile
correction or detention, child welfare, day care, drug abuse
and alcoholism treatment, mental health, public health,
developmental disabilities, and vocational rehabilitation.
As used in this chapter, the term "public body" means the
state of Washington, or any agency, political subdivision,
taxing district, or municipal corporation thereof, and those
Indian tribes now or hereafter recognized as such by the federal government for participation in the federal land and
water conservation program and which may constitutionally
(2004 Ed.)
43.83D.080
43.83D.080 Anticipation notes—Pledge and promise—Seal. When the state finance committee has decided to
issue such bonds or a portion thereof, it may, pending the
issuing of such bonds, issue, in the name of the state, temporary notes in anticipation of the money to be derived from the
sale of such bonds, which notes shall be designated as "anticipation notes". Such portion of the proceeds of the sale of
such bonds as may be required for such purpose shall be
applied to the payment of the principal of and interest on such
anticipation notes which have been issued. The bonds and
notes shall pledge the full faith and credit of the state of
Washington and shall contain an unconditional promise to
pay the principal and interest when due. The state finance
committee may authorize the use of a printed facsimile of the
seal of the state of Washington in the issuance of the bonds
and notes. [1972 ex.s. c 130 § 8.]
43.83D.090
43.83D.090 Retirement of bonds from social and
health service facilities bond redemption fund—Retail
sales tax collections—Remedies of bond holders. The
social and health service facilities bond redemption fund is
created in the state treasury. This fund shall be exclusively
devoted to the payment of interest on and retirement of the
bonds authorized by this chapter. The state finance committee shall, on or before June 30th of each year, certify to the
state treasurer the amount needed in the ensuing twelve
months to meet such bond retirement and interest requirements, and on July 1 of each year the state treasurer shall
deposit such amount in the social and health service facilities
bond redemption fund from moneys transmitted to the state
treasurer by the state department of revenue and certified by
the department to be sales tax collections. Such amount certi[Title 43 RCW—page 385]
43.83D.100
Title 43 RCW: State Government—Executive
fied by the state finance committee to the state treasurer shall
be a prior charge against all retail sales tax revenues of the
state of Washington, except that portion thereof heretofore
pledged for the payment of bond principal and interest. The
owner and holder of each of the bonds or the trustee for any
of the bonds may, by mandamus or other appropriate proceeding, require the transfer and payment of funds as directed
herein. [1972 ex.s. c 130 § 9.]
redemption. None of the bonds herein authorized shall be
sold for less than the par value thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the issuance of such bonds. Such bonds shall be payable at such
places as the committee may provide. [1974 ex.s. c 113 § 2.]
43.83D.100
43.83D.100 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal and interest of the bonds authorized herein, and this
chapter shall not be deemed to provide an exclusive method
for such payment. [1972 ex.s. c 130 § 10.]
43.83F.030
43.83F.030 Refunding bonds—Administration of
proceeds from sale—Exception. The proceeds from the
sale of bonds authorized by this chapter shall be set aside for
the payment of the bonds to be refunded in accordance with
chapter 39.53 RCW, except that investment and reinvestment
thereof shall be limited to direct obligations of the United
States of America. [1974 ex.s. c 113 § 3.]
43.83D.110
43.83D.110 Bonds legal investment for public funds.
The bonds herein authorized shall be a legal investment for
all state funds or for funds under state control and for all
funds of any other public body. [1972 ex.s. c 130 § 11.]
Chapter 43.83F RCW
CAPITOL FACILITIES REVENUE BONDS, 1969—
EAST CAPITOL SITE BONDS, 1969
Chapter 43.83F
Sections
43.83F.010
43.83F.020
43.83F.030
43.83F.040
43.83F.050
43.83F.060
43.83F.900
Refunding bonds—Issuance—Authorization.
Refunding bonds—Powers and duties of state finance committee.
Refunding bonds—Administration of proceeds from sale—
Exception.
Refunding bonds—Payment from bond redemption fund—
Procedure—General obligation of state.
Refunding bonds—Legislature may provide additional means
for payment.
Refunding bonds—Legal investment for state and other public
bodies.
Severability—1974 ex.s. c 113.
43.83F.010
43.83F.010 Refunding bonds—Issuance—Authorization. The state finance committee is authorized to issue
general obligation bonds of the state in the amount of twentyone million dollars, or so much thereof as may be required to
refund, at or prior to maturity, the outstanding "State of
Washington Capitol Facilities Revenue Bonds, 1969", dated
October 1, 1969, and the outstanding "State of Washington
East Capitol Site Bonds, 1969", dated October 1, 1969, and to
pay any premium payable with respect thereto and all interest
thereon, and to pay all costs incidental thereto and to the issuance of the bonds authorized by this chapter. The bonds
authorized by this chapter shall be paid and discharged within
thirty years of the date of issuance in accordance with Article
VIII, section 1, of the state Constitution. [1974 ex.s. c 113 §
1.]
43.83F.020
43.83F.020 Refunding bonds—Powers and duties of
state finance committee. The issuance, sale and retirement
of said bonds shall be under the supervision and control of the
state finance committee. The committee is authorized to prescribe the form, terms, conditions, and covenants of the
bonds, the time or times of sale of all or any portion of them,
and the conditions and manner of their sale, issuance and
[Title 43 RCW—page 386]
43.83F.040
43.83F.040 Refunding bonds—Payment from bond
redemption fund—Procedure—General obligation of
state. The state building refunding bond redemption fund is
hereby created in the state treasury, which fund shall be
exclusively devoted to the payment of the principal of and
interest on the bonds authorized by this chapter. The state
finance committee, shall, on or before June 30th of each year,
certify to the state treasurer the amount needed in the ensuing
twelve months to meet such bond retirement and interest
requirements and on July 1st of each year the state treasurer
shall deposit such amount in the state building bond redemption fund from any general state revenues received in the state
treasury and certified by the state treasurer to be general state
revenues. Bonds issued under the provisions of this chapter
shall state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon and shall contain an unconditional promise to pay
such principal and interest as the same shall become due. The
owner and holder of each of the bonds or the trustee for the
owner and holder of any of the bonds may by a mandamus or
other appropriate proceeding require the transfer and payment of funds as directed herein. [1974 ex.s. c 113 § 4.]
43.83F.050
43.83F.050 Refunding bonds—Legislature may provide additional means for payment. The legislature may
provide additional means for raising moneys for the payment
of the principal of and interest on the bonds authorized in this
chapter, and this chapter shall not be deemed to provide an
exclusive method for such payment. [1974 ex.s. c 113 § 5.]
43.83F.060
43.83F.060 Refunding bonds—Legal investment for
state and other public bodies. The bonds authorized in this
chapter shall be a legal investment for all state funds or funds
under state control and for all funds of any other public body.
[1974 ex.s. c 113 § 6.]
43.83F.900
43.83F.900 Severability—1974 ex.s. c 113. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1974 ex.s. c 113 § 8.]
(2004 Ed.)
Social and Health Services Facilities—Bond Issues
Chapter 43.83H RCW
SOCIAL AND HEALTH SERVICES FACILITIES—
BOND ISSUES
Chapter 43.83H
Sections
1975-'76 BOND ISSUE
43.83H.010
43.83H.020
43.83H.030
43.83H.040
43.83H.050
43.83H.060
General obligation bonds—Authorized—Issuance, sale,
terms, etc.
"Social and health services facilities" defined.
Proceeds of bonds.
Administration of proceeds.
Retirement of bonds from social and health services construction bond redemption fund—Source—Remedies of
bond holders.
Legal investment for public funds.
1977 BOND ISSUE
43.83H.100
43.83H.110
43.83H.120
43.83H.130
43.83H.140
43.83H.150
General obligation bonds—Authorized—Issuance, sale,
terms, etc.
"Social and health services facilities" defined.
Anticipation notes—Proceeds of bonds and notes.
Administration of proceeds.
Retirement of bonds from social and health services construction bond redemption fund of 1976—Source—Remedies of bond holders.
Legal investment for public funds.
1979 BOND ISSUE
43.83H.160
43.83H.162
43.83H.164
43.83H.166
43.83H.168
43.83H.170
General obligation bonds—Authorized—Issuance, sale,
terms, etc.—Pledge and promise.
"Social and health services facilities" defined.
Bond anticipation notes—Deposit of proceeds of bonds and
notes in social and health services construction account
and social and health services bond redemption fund of
1979.
Administration of proceeds.
Retirement of bonds and notes from social and health services bond redemption fund of 1979—Retirement of
bonds and notes from state general obligation bond retirement fund—Remedies of bondholders.
Bonds legal investment for public funds.
1981 BOND ISSUE
43.83H.172
43.83H.174
43.83H.176
43.83H.178
43.83H.180
43.83H.182
General obligation bonds—Authorized—Issuance—Pledge
and promise.
"Social and health services facilities" defined.
Deposit of proceeds in state social and health services construction account—Use.
Administration of proceeds.
Retirement of bonds from state general obligation bond
retirement fund—Remedies of bondholders.
Bonds legal investment for public funds.
1984 BOND ISSUE
43.83H.184
43.83H.186
43.83H.188
43.83H.190
43.83H.192
43.83H.194
General obligation bonds—Authorized—Issuance—Price—
Appropriation required.
Deposit of proceeds in state social and health services construction account—Use.
Administration of proceeds.
Retirement of bonds from state general obligation bond
retirement fund—Pledge and promise—Remedies of
bondholders.
Legislature may provide additional means for payment of
bonds.
Bonds legal investment for public funds.
CONSTRUCTION
43.83H.900
43.83H.910
43.83H.912
43.83H.914
43.83H.915
Severability—1975-'76 2nd ex.s. c 125.
Severability—1977 ex.s. c 342.
Severability—1979 ex.s. c 252.
Severability—1981 c 234.
Severability—1984 c 269.
1975-'76 BOND ISSUE
43.83H.010 General obligation bonds—Authorized—Issuance, sale, terms, etc. For the purpose of providing needed capital improvements consisting of the plan-
43.83H.050
ning, acquisition, construction, remodeling, improving, and
equipping of social and health services facilities, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of forty-one million four hundred thousand dollars or so much thereof as shall
be required to finance social and health services facilities. No
bonds authorized by this chapter shall be offered for sale
without prior legislative appropriation, and these bonds shall
be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the Constitution of the state of Washington.
The state finance committee is authorized to prescribe
the form of such bonds, the time of sale of all or any portion
or portions of such bonds, and the conditions of sale and issuance thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee may
provide that the bonds, or any of them, may be called prior to
the due date thereof under such terms and conditions as it
may determine. The state finance committee may authorize
the use of facsimile signatures in the issuance of the bonds.
[1975-'76 2nd ex.s. c 125 § 1.]
43.83H.020 "Social and health services facilities"
defined. As used in this chapter, the term "social and health
services facilities" shall include, without limitation, facilities
for use in veterans' service programs, adult correction programs, juvenile rehabilitation programs, mental health programs, and developmental disabilities programs for which an
appropriation is made from the social and health services
construction account in the general fund by chapter 276,
Laws of 1975 1st ex. sess., the capital appropriations act, or
subsequent capital appropriations acts. [1975-'76 2nd ex.s. c
125 § 2.]
43.83H.020
43.83H.030 Proceeds of bonds. The proceeds from the
sale of bonds authorized by *this chapter shall be deposited in
the state social and health services construction account
hereby created in the state treasury and shall be used exclusively for the purposes specified in this chapter and for the
payment of expenses incurred in the issuance and sale of such
bonds. [1991 sp.s. c 13 § 56; 1985 c 57 § 49; 1975-'76 2nd
ex.s. c 125 § 3.]
43.83H.030
*Reviser's note: A literal translation of "this chapter" is RCW
43.83H.010 through 43.83H.060 and 43.83H.900.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.83H.040 Administration of proceeds. The principal proceeds from the sale of the bonds authorized in this
chapter and deposited in the social and health services construction account in the general fund shall be administered by
the secretary of the department of social and health services.
[1975-'76 2nd ex.s. c 125 § 4.]
43.83H.040
Reviser's note: A literal translation of "this chapter" is RCW
43.83H.010 through 43.83H.060 and 43.83H.900.
43.83H.010
(2004 Ed.)
43.83H.050 Retirement of bonds from social and
health services construction bond redemption fund—
43.83H.050
[Title 43 RCW—page 387]
43.83H.060
Title 43 RCW: State Government—Executive
Source—Remedies of bond holders. The state social and
health services bond redemption fund of 1976 is hereby created in the state treasury, which fund shall be exclusively
devoted to the payment of interest on and retirement of the
bonds and notes authorized by this chapter or any social and
health services facilities bonds and notes hereafter authorized
by the legislature. The state finance committee, on or before
June 30th of each year, shall certify to the state treasurer the
amount needed in the ensuing twelve months to meet bond
retirement and interest requirements, and on July 1st of each
year the state treasurer shall deposit such amount in the state
social and health services bond redemption fund of 1976
from any general state revenues received in the state treasury
and certified by the state treasurer to be general state revenues.
The owner and holder of each of the bonds or the trustee
for any of the bonds, by mandamus or other appropriate proceeding, may require and compel the transfer and payment of
funds as directed herein. [1975-'76 2nd ex.s. c 125 § 5.]
Reviser's note: A literal translation of "this chapter" is RCW
43.83H.010 through 43.83H.060 and 43.83H.900.
43.83H.060
43.83H.060 Legal investment for public funds. The
bonds authorized by this chapter shall be a legal investment
for all state funds or for funds under state control and all
funds of municipal corporations. [1975-'76 2nd ex.s. c 125 §
6.]
Reviser's note: A literal translation of "this chapter" is RCW
43.83H.010 through 43.83H.060 and 43.83H.900.
1977 BOND ISSUE
and 43.83H.910, the term "social and health services facilities", shall include, without limitation, facilities for use in
adult correction programs, juvenile rehabilitation programs,
mental health programs, and developmental disabilities programs for which an appropriation is made from the state
social and health services construction account in the general
fund by chapter 338, Laws of 1977 ex. sess., the capital
appropriations act, or subsequent capital appropriations acts.
[1977 ex.s. c 342 § 2.]
43.83H.120
43.83H.120 Anticipation notes—Proceeds of bonds
and notes. At the time the state finance committee determines to issue such bonds authorized in RCW 43.83H.100 or
a portion thereof, it may, pending the issuance thereof, issue
in the name of the state, temporary notes in anticipation of the
money to be derived from the sale of the bonds, which notes
shall be designated as "bond anticipation notes". The proceeds from the sale of bonds and notes authorized by RCW
43.83H.100 through 43.83H.150 and 43.83H.910 shall be
deposited in the state social and health services construction
account of the general fund in the state treasury and shall be
used exclusively for the purposes specified in RCW
43.83H.100 through 43.83H.150 and 43.83H.910 and for the
payment of expenses incurred in the issuance and sale of such
bonds and notes: PROVIDED, That such portion of the proceeds of the sale of such bonds as may be required for the
payment of the principal and interest on such anticipation
notes as have been issued, shall be deposited in the state
social and health services bond redemption fund of 1976 in
the state treasury. [1977 ex.s. c 342 § 3.]
43.83H.130
43.83H.100
43.83H.100 General obligation bonds—Authorized—Issuance, sale, terms, etc. For the purpose of providing needed capital improvements consisting of the planning, acquisition, construction, remodeling, improving, and
equipping of social and health services facilities, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of twenty million
dollars, or so much thereof as may be required to finance such
projects, and all costs incidental thereto. No bonds authorized
by RCW 43.83H.100 through 43.83H.150 and 43.83H.910
shall be offered for sale without prior legislative appropriation, and these bonds shall be paid and discharged within
thirty years of the date of issuance in accordance with Article
VIII, section 1 of the state Constitution.
The state finance committee is authorized to prescribe
the form of such bonds, the time of sale of all or any portion
or portions of such bonds, and the conditions of sale and issuance thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee may
provide that the bonds, or any of them, may be called prior to
the due date thereof under such terms and conditions as it
may determine. The state finance committee may authorize
the use of facsimile signatures in the issuance of the bonds.
[1977 ex.s. c 342 § 1.]
43.83H.110
43.83H.110 "Social and health services facilities"
defined. As used in RCW 43.83H.100 through 43.83H.150
[Title 43 RCW—page 388]
43.83H.130 Administration of proceeds. The proceeds from the sale of the bonds authorized in RCW
43.83H.100 through 43.83H.150 and 43.83H.910 and deposited in the state social and health services construction
account in the general fund shall be administered by the secretary of the department of social and health services. [1977
ex.s. c 342 § 4.]
43.83H.140
43.83H.140 Retirement of bonds from social and
health services construction bond redemption fund of
1976—Source—Remedies of bond holders. The state
social and health services bond redemption fund of 1976 in
the state treasury shall be used for the purpose of the payment
of interest on and retirement of the bonds and notes authorized to be issued by RCW 43.83H.100 through 43.83H.150
and 43.83H.910. The state finance committee, on or before
June 30th of each year, shall certify to the state treasurer the
amount needed in the ensuing twelve months, to meet bond
retirement and interest requirements. Not less than thirty days
prior to the date on which any such interest or principal and
interest payment is due, the state treasurer shall withdraw
from any general state revenues received in the state treasury
and deposit in the 1976 state social and health services bond
redemption fund an amount equal to the amount certified by
the state finance committee to be due on such payment date.
The owner and holder of each of the bonds or the trustee
for any of the bonds, by mandamus or other appropriate proceeding, may require and compel the transfer and payment of
funds as directed herein. [1977 ex.s. c 342 § 5.]
(2004 Ed.)
Social and Health Services Facilities—Bond Issues
43.83H.150 Legal investment for public funds. The
bonds authorized by RCW 43.83H.100 through 43.83H.150
and 43.83H.910 shall be a legal investment for all state funds
or for funds under state control and all funds of municipal
corporations. [1977 ex.s. c 342 § 6.]
43.83H.150
1979 BOND ISSUE
43.83H.160
43.83H.160 General obligation bonds—Authorized—Issuance, sale, terms, etc.—Pledge and promise.
For the purpose of providing needed capital improvements
consisting of the planning, acquisition, construction, remodeling, improving, and equipping of social and health services
facilities, the state finance committee is authorized to issue
general obligation bonds of the state of Washington in the
sum of one hundred and two million dollars, or so much
thereof as may be required, to finance these projects, and all
costs incidental thereto. No bonds authorized by RCW
43.83H.160 through 43.83H.170 and 43.83H.912 shall be
offered for sale without prior legislative appropriation, and
these bonds shall be paid and discharged within thirty years
of the date of issuance in accordance with Article VIII, section 1 of the state Constitution.
The state finance committee is authorized to prescribe
the form of the bonds, the time of sale of all or any portion or
portions of the bonds, and the conditions of sale and issuance
thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee may
provide that the bonds, or any of them, may be called prior to
the due date thereof under such terms and conditions as it
may determine. The state finance committee may authorize
the use of facsimile signatures in the issuance of the bonds.
[1979 ex.s. c 252 § 1.]
43.83H.162 "Social and health services facilities"
defined. As used in RCW 43.83H.160 through 43.83H.170
and 43.83H.912, the term "social and health services facilities", shall include, without limitation, facilities for use in
adult correction programs, juvenile rehabilitation programs,
mental health programs, and developmental disabilities programs for which an appropriation is made from the state
social and health services construction account in the general
fund by the capital appropriations act, or subsequent capital
appropriations acts. [1979 ex.s. c 252 § 2.]
43.83H.162
43.83H.164 Bond anticipation notes—Deposit of proceeds of bonds and notes in social and health services construction account and social and health services bond
redemption fund of 1979. At the time the state finance committee determines to issue the bonds authorized in RCW
43.83H.160, or a portion thereof, it may, pending the issuance thereof, issue in the name of the state, temporary notes
in anticipation of the money to be derived from the sale of the
bonds, which notes shall be designated as "bond anticipation
notes". The proceeds from the sale of bonds and notes authorized by RCW 43.83H.160 through 43.83H.170 and
43.83H.912 shall be deposited in the state social and health
services construction account of the general fund in the state
treasury and shall be used exclusively for the purposes speci43.83H.164
(2004 Ed.)
43.83H.170
fied in RCW 43 .83H.160 thr ough 4 3.83H.170 and
43.83H.912 and for the payment of expenses incurred in the
issuance and sale of the bonds and notes: PROVIDED, That
such portion of the proceeds of the sale of the bonds as may
be required for the payment of the principal and interest on
the anticipation notes as have been issued shall be deposited
in the state social and health services bond redemption fund
of 1979, hereby created, in the state treasury. [1979 ex.s. c
252 § 3.]
43.83H.166
43.83H.166 Administration of proceeds. The proceeds from the sale of the bonds authorized in RCW
43.83H.160 through 43.83H.170 and 43.83H.912 and deposited in the state social and health services construction
account in the general fund shall be administered by the secretary of the department of social and health services. [1979
ex.s. c 252 § 4.]
43.83H.168
43.83H.168 Retirement of bonds and notes from
social and health services bond redemption fund of
1979—Retirement of bonds and notes from state general
obligation bond retirement fund—Remedies of bondholders. The state social and health services bond redemption
fund of 1979 hereby created in the state treasury shall be used
for the purpose of the payment of interest on and retirement
of the bonds and notes authorized to be issued by RCW
43.83H.160 through 43.83H.170 and 43.83H.912. The state
finance committee, on or before June 30th of each year, shall
certify to the state treasurer the amount needed in the ensuing
twelve months, to meet bond retirement and interest requirements. Not less than thirty days prior to the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the 1979 state
social and health services bond redemption fund an amount
equal to the amount certified by the state finance committee
to be due on the payment date.
If a state general obligation bond retirement fund is created in the state treasury by chapter 230, Laws of 1979 1st ex.
sess. and becomes effective by statute prior to the issuance of
any of the bonds authorized by RCW 43.83H.160 through
43.83H.170 and 43.83H.912, the state general obligation
bond retirement fund shall be used for purposes of RCW
43.83H.160 through 43.83H.170 and 43.83H.912 in lieu of
the state social and health services bond redemption fund of
1979, and the state social and health services bond redemption fund of 1979 shall cease to exist.
The owner and holder of each of the bonds or the trustee
for any of the bonds, by mandamus or other appropriate proceeding, may require and compel the transfer and payment of
funds as directed in this section. [1979 ex.s. c 252 § 5.]
State general obligation bond retirement fund: RCW 43.83.160.
43.83H.170
43.83H.170 Bonds legal investment for public funds.
The bonds authorized by RCW 43.83H.160 through
43.83H.170 and 43.83H.912 shall be a legal investment for
all state funds or for funds under state control and all funds of
municipal corporations. [1979 ex.s. c 252 § 6.]
[Title 43 RCW—page 389]
43.83H.172
Title 43 RCW: State Government—Executive
1981 BOND ISSUE
43.83H.172
43.83H.172 General obligation bonds—Authorized—Issuance—Pledge and promise. For the purpose of
providing needed capital improvements consisting of the
planning, acquisition, construction, remodeling, improving,
and equipping of social and health services and department of
corrections facilities, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of one hundred eight-seven [eighty-seven]
million four hundred twenty-five thousand dollars, or so
much thereof as may be required, to finance these projects,
and all costs incidental thereto. No bonds authorized by RCW
43.83H.172 through 43.83H.182 may be offered for sale
without prior legislative appropriation.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. [1983 1st ex.s. c 54
§ 8; 1982 1st ex.s. c 23 § 3; 1981 c 234 § 1.]
Severability—1983 1st ex.s. c 54: See RCW 43.83.196.
43.83H.174
43.83H.174 "Social and health services facilities"
defined. As used in RCW 43.83H.172 through 43.83H.182,
the term "social and health services facilities" shall include,
without limitation, facilities for use in adult correction programs, juvenile rehabilitation programs, mental health programs, and developmental disabilities programs for which an
appropriation is made from the state social and health services construction account in the general fund by the capital
appropriations act, or subsequent capital appropriations acts.
[1981 c 234 § 2.]
43.83H.176
43.83H.176 Deposit of proceeds in state social and
health services construction account—Use. The proceeds
from the sale of bonds authorized by RCW 43.83H.172
through 43.83H.182 shall be deposited in the state social and
health services construction account of the general fund in
the state treasury and shall be used exclusively for the purposes specified in RCW 43.83H.172 through 43.83H.182 and
for the payment of expenses incurred in the issuance and sale
of the bonds. [1981 c 234 § 3.]
43.83H.178
43.83H.178 Administration of proceeds. The proceeds from the sale of the bonds authorized in RCW
43.83H.172 through 43.83H.182 and deposited in the state
social and health services construction account in the general
fund shall be administered by the secretary of social and
health services. [1981 c 234 § 4.]
43.83H.180
43.83H.180 Retirement of bonds from state general
obligation bond retirement fund—Remedies of bondholders. The state general obligation bond retirement fund shall
be used for the purpose of the payment of interest on and
retirement of the bonds authorized to be issued by RCW
43.83H.172 through 43.83H.182.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
needed in the ensuing twelve months, to meet bond retirement and interest requirements. Not less than thirty days prior
to the date on which any interest or principal and interest pay[Title 43 RCW—page 390]
ment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit
in the general obligation bond retirement fund an amount
equal to the amount certified by the state finance committee
to be due on the payment date.
The owner and holder of each of the bonds or the trustee
for any of the bonds, by mandamus or other appropriate proceeding, may require and compel the transfer and payment of
funds as directed in this section. [1981 c 234 § 5.]
State general obligation bond retirement fund: RCW 43.83.160.
43.83H.182
43.83H.182 Bonds legal investment for public funds.
The bonds authorized by RCW 43.83H.172 through
43.83H.180 shall be a legal investment for all state funds or
for funds under state control and all funds of municipal corporations. [1981 c 234 § 6.]
1984 BOND ISSUE
43.83H.184
43.83H.184 General obligation bonds—Authorized—Issuance—Price—Appropriation required. For
the purpose of providing needed capital improvements consisting of fire safety projects and the design, construction,
repair, renovating, and equipping of buildings and facilities
of the department of social and health services, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of fourteen million six hundred sixty thousand dollars, or so much thereof as
may be required, to finance these projects and all costs incidental thereto. Bonds authorized in this section may be sold
at such price as the state finance committee shall determine.
No bonds authorized in this section may be offered for sale
without prior legislative appropriation of the net proceeds of
the sale of the bonds. [1984 c 269 § 1.]
43.83H.186
43.83H.186 Deposit of proceeds in state social and
health services construction account—Use. The proceeds
from the sale of the bonds authorized in RCW 43.83H.184
shall be deposited in the state social and health services construction account in the general fund and shall be used exclusively for the purposes specified in RCW 43.83H.184 and for
the payment of expenses incurred in the issuance and sale of
the bonds. [1984 c 269 § 2.]
43.83H.188
43.83H.188 Administration of proceeds. The proceeds from the sale of the bonds deposited under RCW
43.83H.186 in the state social and health services construction account of the general fund shall be administered by the
department of social and health services, subject to legislative
appropriation. [1984 c 269 § 3.]
43.83H.190
43.83H.190 Retirement of bonds from state general
obligation bond retirement fund—Pledge and promise—
Remedies of bondholders. The state general obligation
bond retirement fund shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.83H.184.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount needed
in the ensuing twelve months to meet the bond retirement and
(2004 Ed.)
Department of Fisheries—Bond Issues
interest requirements. Not less than thirty days prior to the
date on which any interest or principal and interest payment
is due, the state treasurer shall withdraw from any general
state revenues received in the state treasury and deposit in the
general obligation bond retirement fund an amount equal to
the amount certified by the state finance committee to be due
on the payment date.
Bonds issued under RCW 43.83H.184 shall state that
they are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1984 c 269 § 4.]
State general obligation bond retirement fund: RCW 43.83.160.
Chapter 43.83I
stance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1984 c 269 § 7.]
Chapter 43.83I RCW
DEPARTMENT OF FISHERIES—BOND ISSUES
Chapter 43.83I
Sections
1975-'76 BOND ISSUE
43.83I.010
43.83I.020
43.83I.030
43.83I.040
43.83I.050
43.83I.060
General obligation bonds—Authorized—Issuance, sale,
terms, etc.
Bond anticipation notes—Proceeds of bonds and interest on
notes.
Bonds and notes—Powers and duties of state finance committee.
Fisheries capital projects account created—Proceeds deposited in—Exception.
1976 fisheries bond retirement fund created.
Legal investment for public funds.
1977 BOND ISSUE
43.83H.192
43.83H.192 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.83H.184, and RCW 43.83H.190 shall not be deemed to
provide an exclusive method for the payment. [1984 c 269 §
5.]
43.83I.100
43.83I.110
43.83I.120
43.83I.130
43.83I.140
43.83I.150
General obligation bonds—Authorized—Issuance, sale,
terms, etc.
Bond anticipation notes—Proceeds of bonds and interest on
notes.
Bonds and notes—Powers and duties of state finance committee.
Proceeds deposited in fisheries capital projects account—
Exception.
1977 fisheries bond retirement fund created.
Legal investment for public funds.
43.83H.194
43.83H.194 Bonds legal investment for public funds.
The bonds authorized in RCW 43.83H.184 shall be a legal
investment for all state funds or funds under state control and
for all funds of any other public body. [1984 c 269 § 6.]
CONSTRUCTION
43.83H.900
43.83H.900 Severability—1975-'76 2nd ex.s. c 125. If
any provision of this 1976 act, or its application to any person
or circumstance is held invalid, the remainder of the act, or
the application of the provision to other persons or circumstances is not affected. [1975-'76 2nd ex.s. c 125 § 8.]
1979 BOND ISSUE
43.83I.160
43.83I.162
43.83I.164
43.83I.168
43.83I.170
1981 BOND ISSUE
43.83I.172
43.83I.174
43.83I.176
43.83H.910
43.83H.910 Severability—1977 ex.s. c 342. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1977 ex.s. c 342 § 7.]
43.83H.912
43.83H.912 Severability—1979 ex.s. c 252. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 252 § 7.]
43.83H.914
43.83H.914 Severability—1981 c 234. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1981 c 234 § 7.]
43.83H.915
43.83H.915 Severability—1984 c 269. If any provision of this act or its application to any person or circum(2004 Ed.)
General obligation bonds—Authorized—Issuance, sale,
terms, etc.—Appropriation required.
Bond anticipation notes—Payment.
Form, terms, conditions, etc., of bonds and notes—Pledge
and promise.
Retirement of bonds from 1977 fisheries bond retirement
fund.
Bonds legal investment for public funds.
43.83I.178
43.83I.180
43.83I.182
General obligation bonds—Authorized—Issuance, sale,
terms, etc.—Appropriation required.
Bond anticipation notes.
Form, terms, conditions, etc., of bonds and notes—Pledge
and promise.
Proceeds deposited in fisheries capital projects account—
Use.
Retirement of bonds from 1977 fisheries bond retirement
fund.
Bonds legal investment for public funds.
1983 BOND ISSUE
43.83I.184
43.83I.186
43.83I.188
43.83I.190
43.83I.192
43.83I.194
General obligation bonds—Authorized—Issuance—Appropriation required.
Deposit of proceeds in fisheries capital projects account—
Use.
Administration of proceeds.
Retirement of bonds from state general obligation bond
retirement fund—Pledge and promise—Remedies of
bondholders.
Legislature may provide additional means for payment of
bonds.
Bonds legal investment for public funds.
CONSTRUCTION
43.83I.900
43.83I.910
43.83I.912
43.83I.914
43.83I.915
Severability—1975-'76 2nd ex.s. c 132.
Severability—1977 ex.s. c 343.
Severability—1979 ex.s. c 224.
Severability—1981 c 231.
Severability—1983 1st ex.s. c 59.
[Title 43 RCW—page 391]
43.83I.010
Title 43 RCW: State Government—Executive
1975-'76 BOND ISSUE
connection with the sale and issuance of such bonds and bond
anticipation notes. [1975-'76 2nd ex.s. c 132 § 4.]
43.83I.010
43.83I.010 General obligation bonds—Authorized—
Issuance, sale, terms, etc. For the purpose of providing
needed capital improvements consisting of the acquisition,
construction, remodeling, furnishing and equipping of state
buildings and facilities for the *department of fisheries, the
state finance committee is hereby authorized to issue from
time to time general obligation bonds of the state of Washington in the aggregate principal amount of five million one hundred thirty-two thousand nine hundred dollars, or so much
thereof as shall be required to finance the capital projects
relating to the *department of fisheries as determined by the
legislature in its capital appropriations act, chapter 133, Laws
of 1975-'76 2nd ex. sess. for such purposes, to be paid and
discharged within thirty years of the date of issuance in
accordance with Article VIII, section 1, of the Constitution of
the state of Washington. [1975-'76 2nd ex.s. c 132 § 1.]
*Reviser's note: Powers, duties, and functions of the department of
fisheries and the department of wildlife were transferred to the department of
fish and wildlife by 1993 sp.s. c 2, effective July 1, 1994.
43.83I.020 Bond anticipation notes—Proceeds of
bonds and interest on notes. When the state finance committee has determined to issue such general obligation bonds
or a portion thereof as authorized in RCW 43.83I.010, it may,
pending the issuance thereof, issue in the name of the state
temporary notes in anticipation of the issuance of such bonds,
which notes shall be designated as "bond anticipation notes".
Such portion of the proceeds of the sale of such bonds as may
be required for the payment of the principal and redemption
premium, if any, and interest on such notes shall be applied
thereto when such bonds are issued. [1975-'76 2nd ex.s. c
132 § 2.]
43.83I.020
43.83I.030 Bonds and notes—Powers and duties of
state finance committee. The state finance committee is
authorized to prescribe the form, terms, conditions and covenants of the bonds and/or the bond anticipation notes provided for in RCW 43.83I.010 and 43.83I.020, the time or
times of sale of all or any portion of them, and the conditions
and manner of their sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1975-'76 2nd ex.s. c 132 §
3.]
43.83I.030
43.83I.040
43.83I.040 Fisheries capital projects account created—Proceeds deposited in—Exception. Except for that
portion of the proceeds required to pay bond anticipation
notes pursuant to RCW 43.83I.020, the proceeds from the
sale of the bonds and/or bond anticipation notes authorized in
RCW 43.83I.010 through 43.83I.060, together with all
grants, donations, transferred funds, and all other moneys
which the state finance committee may direct the state treasurer to deposit therein, shall be deposited in the fisheries
capital projects account of the general fund hereby created in
the state treasury. All such proceeds shall be used exclusively
for the purposes specified in RCW 43.83I.010 through
43.83I.060 and for the payment of the expenses incurred in
[Title 43 RCW—page 392]
43.83I.050 1976 fisheries bond retirement fund created. The 1976 fisheries bond retirement fund is hereby created in the state treasury for the purpose of the payment of the
principal of and interest on the bonds authorized to be issued
pursuant to RCW 43.83I.010 through 43.83I.060.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on such
bonds. On July 1st of each such year the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the 1976 fisheries bond retirement fund an amount equal to the amount certified by the
state finance committee. [1975-'76 2nd ex.s. c 132 § 5.]
43.83I.050
43.83I.060 Legal investment for public funds. The
bonds authorized in RCW 43.83I.010 through 43.83I.060
shall constitute a legal investment for all state funds or for
funds under state control and all funds of municipal corporations. [1975-'76 2nd ex.s. c 132 § 6.]
43.83I.060
1977 BOND ISSUE
43.83I.100
43.83I.100 General obligation bonds—Authorized—
Issuance, sale, terms, etc. For the purpose of providing
needed capital improvements consisting of the acquisition,
construction, remodeling, furnishing and equipping of state
buildings and facilities for the *department of fisheries, the
state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of five million dollars, or so much thereof as may be required to finance
such projects, and all costs incidental thereto. No bonds
authorized by RCW 43.83I.100 through 43.83I.150 and
43.83I.910 shall be offered for sale without prior legislative
appropriation, and these bonds shall be paid and discharged
within thirty years of the date of issuance in accordance with
Article VIII, section 1 of the state Constitution. [1977 ex.s. c
343 § 1.]
*Reviser's note: Powers, duties, and functions of the department of
fisheries and the department of wildlife were transferred to the department of
fish and wildlife by 1993 sp.s. c 2, effective July 1, 1994.
43.83I.110 Bond anticipation notes—Proceeds of
bonds and interest on notes. When the state finance committee has determined to issue such general obligation bonds
or a portion thereof as authorized in RCW 43.83I.100, it may,
pending the issuance thereof, issue in the name of the state
temporary notes in anticipation of the issuance of such bonds,
which notes shall be designated as "bond anticipation notes".
Such portion of the proceeds of the sale of such bonds as may
be required for the payment of the principal and redemption
premium, if any, and interest on such notes shall be applied
thereto when such bonds are issued. [1977 ex.s. c 343 § 2.]
43.83I.110
43.83I.120 Bonds and notes—Powers and duties of
state finance committee. The state finance committee is
authorized to prescribe the form, terms, conditions and covenants of the bonds and/or the bond anticipation notes pro43.83I.120
(2004 Ed.)
Department of Fisheries—Bond Issues
vided for in RCW 43.83I.100 and 43.83I.110, the time or
times of sale of all or any portion of them, and the conditions
and manner of their sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1977 ex.s. c 343 § 3.]
43.83I.170
43.83I.912 shall be offered for sale without prior legislative
appropriation, and these bonds shall be paid and discharged
within thirty years of the date of issuance in accordance with
Article VIII, section 1 of the state Constitution. [1987 1st
ex.s. c 3 § 10; 1979 ex.s. c 224 § 1.]
*Reviser's note: Powers, duties, and functions of the department of
fisheries and the department of wildlife were transferred to the department of
fish and wildlife by 1993 sp.s. c 2, effective July 1, 1994.
43.83I.130
43.83I.130 Proceeds deposited in fisheries capital
projects account—Exception. Except for that portion of the
proceeds required to pay bond anticipation notes pursuant to
RCW 43.83I.110, the proceeds from the sale of the bonds
and/or bond anticipation notes authorized in RCW
43.83I.100 through 43.83I.150, together with all grants,
donations, transferred funds, and all other moneys which the
state finance committee may direct the state treasurer to
deposit therein, shall be deposited in the fisheries capital
projects account of the general fund in the state treasury. All
such proceeds shall be used exclusively for the purposes
specified in RCW 43.83I.100 through 43.83I.150 and for the
payment of the expenses incurred in connection with the sale
and issuance of such bonds and bond anticipation notes.
[1977 ex.s. c 343 § 4.]
Severability—1987 1st ex.s. c 3: See RCW 43.99G.901.
43.83I.162
43.83I.162 Bond anticipation notes—Payment.
When the state finance committee has determined to issue the
general obligation bonds or a portion thereof as authorized in
RCW 43.83I.160, it may, pending the issuance thereof, issue
in the name of the state temporary notes in anticipation of the
issuance of the bonds, which notes shall be designated as
"bond anticipation notes". Such portion of the proceeds of the
sale of the bonds as may be required for the payment of the
principal and redemption premium, if any, and interest on the
notes shall be applied thereto when the bonds are issued.
[1979 ex.s. c 224 § 2.]
43.83I.164
43.83I.140
43.83I.140 1977 fisheries bond retirement fund created. The 1977 fisheries bond retirement fund is hereby created in the state treasury for the purpose of the payment of the
principal of and interest on the bonds authorized to be issued
pursuant to RCW 43.83I.100 through 43.83I.150.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on such
bonds. Not less than thirty days prior to the date on which any
such interest or principal and interest payment is due, the
state treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the 1977 fisheries
bond retirement fund an amount equal to the amount certified
by the state finance committee to be due on such payment
date. [1977 ex.s. c 343 § 5.]
43.83I.150
43.83I.150 Legal investment for public funds. The
bonds authorized in RCW 43.83I.100 through 43.83I.150
shall constitute a legal investment for all state funds or for
funds under state control and all funds of municipal corporations. [1977 ex.s. c 343 § 6.]
1979 BOND ISSUE
43.83I.160
43.83I.160 General obligation bonds—Authorized—
Issuance, sale, terms, etc.—Appropriation required. For
the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling, furnishing, and equipping of state buildings and facilities for the
*department of fisheries, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of five million forty-five thousand
dollars, or so much thereof as may be required, to finance
these projects, and all costs incidental thereto. No bonds
authorized by RCW 43.83I.160 through 43.83I.170 and
(2004 Ed.)
43.83I.164 Form, terms, conditions, etc., of bonds
and notes—Pledge and promise. The state finance committee is authorized to prescribe the form, terms, conditions, and
covenants of the bonds and/or the bond anticipation notes
provided for in RCW 43.83I.160 and 43.83I.162, the time or
times of sale of all or any portion of them, and the conditions
and manner of their sale and issuance.
Each bond and bond anticipation note shall pledge the
full faith and credit of the state of Washington and shall contain an unconditional promise to pay the principal thereof and
interest thereon when due. [1979 ex.s. c 224 § 3.]
43.83I.168
43.83I.168 Retirement of bonds from 1977 fisheries
bond retirement fund. The 1977 fisheries bond retirement
fund in the state treasury shall be used for the purpose of the
payment of the principal of and interest on the bonds authorized to be issued under RCW 43.83I.160 through
43.83I.170.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the
bonds. Not less than thirty days prior to the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the 1977 fisheries
bond retirement fund an amount equal to the amount certified
by the state finance committee to be due on the payment date.
[1979 ex.s. c 224 § 5.]
43.83I.170
43.83I.170 Bonds legal investment for public funds.
The bonds authorized in RCW 43.83I.160 through
43.83I.168 shall constitute a legal investment for all state
funds or for funds under state control and all funds of municipal corporations. [1979 ex.s. c 224 § 6.]
[Title 43 RCW—page 393]
43.83I.172
Title 43 RCW: State Government—Executive
1981 BOND ISSUE
43.83I.172
43.83I.172 General obligation bonds—Authorized—
Issuance, sale, terms, etc.—Appropriation required. For
the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling, furnishing, and equipping of state buildings and facilities for the
*department of fisheries, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of six million five hundred thousand
dollars, or so much thereof as may be required, to finance
these projects, and all costs incidental thereto. No bonds
authorized by RCW 43.83I.172 through 43.83I.182 may be
offered for sale without prior legislative appropriation, and
these bonds shall be paid and discharged within thirty years
of the date of issuance in accordance with Article VIII, section 1 of the state Constitution. [1981 c 231 § 1.]
*Reviser's note: Powers, duties, and functions of the department of
fisheries and the department of wildlife were transferred to the department of
fish and wildlife by 1993 sp.s. c 2, effective July 1, 1994.
rized to be issued under RCW 43.83I.172 through
43.83I.182.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the
bonds. Not less than thirty days prior to the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the 1977 fisheries
bond retirement fund an amount equal to the amount certified
by the state finance committee to be due on the payment date.
[1981 c 231 § 5.]
43.83I.182 Bonds legal investment for public funds.
The bonds authorized in RCW 43.83I.172 through
43.83I.180 shall constitute a legal investment for all state
funds or for funds under state control and all funds of municipal corporations. [1981 c 231 § 6.]
43.83I.182
1983 BOND ISSUE
43.83I.174
43.83I.174 Bond anticipation notes. When the state
finance committee has determined to issue the general obligation bonds or a portion thereof as authorized in RCW
43.83I.172, it may, pending the issuance thereof, issue in the
name of the state temporary notes in anticipation of the issuance of the bonds, which notes shall be designated as "bond
anticipation notes." [1981 c 231 § 2.]
43.83I.176
43.83I.176 Form, terms, conditions, etc., of bonds
and notes—Pledge and promise. The state finance committee is authorized to prescribe the form, terms, conditions, and
covenants of the bonds and/or the bond anticipation notes
provided for in RCW 43.83I.172 and 43.83I.174, the time or
times of sale of all or any portion of them, and the conditions
and manner of their sale and issuance.
Each bond and bond anticipation note shall pledge the
full faith and credit of the state of Washington and shall contain an unconditional promise to pay the principal thereof and
interest thereon when due. [1981 c 231 § 3.]
43.83I.178
43.83I.178 Proceeds deposited in fisheries capital
projects account—Use. The proceeds from the sale of the
bonds and/or bond anticipation notes authorized in RCW
43.83I.172 through 43.83I.182, together with all grants,
donations, transferred funds, and all other moneys which the
state finance committee may direct the state treasurer to
deposit therein, shall be deposited in the fisheries capital
projects account of the general fund in the state treasury. All
of these proceeds shall be used exclusively for the purposes
specified in RCW 43.83I.172 through 43.83I.182 and for the
payment of the expenses incurred in connection with the sale
and issuance of the bonds and bond anticipation notes. [1981
c 231 § 4.]
43.83I.180
43.83I.180 Retirement of bonds from 1977 fisheries
bond retirement fund. The 1977 fisheries bond retirement
fund in the state treasury shall be used for the purpose of the
payment of the principal of and interest on the bonds autho[Title 43 RCW—page 394]
43.83I.184 General obligation bonds—Authorized—
Issuance—Appropriation required. For the purpose of
providing needed capital improvements consisting of the
acquisition, construction, remodeling, refurbishing, furnishing, and equipping of state buildings and facilities for the
*department of fisheries, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of one million one hundred sixty-five
thousand dollars, or so much thereof as may be required, to
finance these projects and all costs incidental thereto. No
bonds authorized in this section may be offered for sale without prior legislative appropriation. [1983 1st ex.s. c 59 § 1.]
43.83I.184
*Reviser's note: Powers, duties, and functions of the department of
fisheries and the department of wildlife were transferred to the department of
fish and wildlife by 1993 sp.s. c 2, effective July 1, 1994.
43.83I.186 Deposit of proceeds in fisheries capital
projects account—Use. The proceeds from the sale of the
bonds authorized in RCW 43.83I.184 shall be deposited in
the fisheries capital projects account in the state general fund
and shall be used exclusively for the purposes specified in
RCW 43.83I.184 and for the payment of expenses incurred in
the issuance and sale of the bonds. [1983 1st ex.s. c 59 § 2.]
43.83I.186
43.83I.188 Administration of proceeds. The proceeds
from the sale of the bonds deposited under RCW 43.83I.186
in the fisheries capital projects account of the general fund
shall be administered by the department of fish and wildlife,
subject to legislative appropriation. [1994 c 264 § 29; 1983
1st ex.s. c 59 § 3.]
43.83I.188
43.83I.190 Retirement of bonds from state general
obligation bond retirement fund—Pledge and promise—
Remedies of bondholders. The state general obligation
bond retirement fund shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.83I.184.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount needed
43.83I.190
(2004 Ed.)
Investments and Interfund Loans
in the ensuing twelve months to meet the bond retirement and
interest requirements. Not less than thirty days prior to the
date on which any interest or principal and interest payment
is due, the state treasurer shall withdraw from any general
state revenues received in the state treasury and deposit in the
general obligation bond retirement fund an amount equal to
the amount certified by the state finance committee to be due
on the payment date.
Bonds issued under RCW 43.83I.184 shall state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1983 1st ex.s. c
59 § 4.]
State general obligation bond retirement fund: RCW 43.83.160.
43.83I.192
43.83I.192 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.83I.184, and RCW 43.83I.190 shall not be deemed to provide an exclusive method for the payment. [1983 1st ex.s. c
59 § 5.]
43.84.031
43.83I.915
43.83I.915 Severability—1983 1st ex.s. c 59. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1983 1st ex.s. c 59 § 7.]
Chapter 43.84 RCW
INVESTMENTS AND INTERFUND LOANS
Chapter 43.84
Sections
43.84.031
43.84.041
43.84.051
43.84.061
43.84.080
43.84.092
43.84.095
43.84.120
43.84.130
43.84.140
43.84.150
43.84.160
43.84.170
43.84.180
Management of permanent funds—Procedural policies—Limitation on purchase, sale or exchange prices for securities.
Management of permanent funds—Disposition of securities.
Management of permanent funds—Collection of interest,
income and principal of securities—Disposition.
Management of permanent funds in accordance with established standards.
Investment of current state funds.
Deposit of surplus balance investment earnings—Treasury
income account—Accounts and funds credited.
Exemption from reserve fund—Motor vehicle fund income
from United States securities.
Investment in state warrants.
Separate accounting as to permanent school fund.
Investment of scientific school, agricultural college, and state
university funds in regents' revenue bonds.
Authority of state investment board to invest, reinvest, manage
investments acquired.
Investment counseling fees payable from earnings.
Investment of surplus moneys in common school fund, agricultural college fund, normal school fund, scientific school
fund or university fund.
Public works assistance account earnings—Share to public
facilities construction loan revolving account.
Community renewal bonds: RCW 35.81.110.
43.83I.194
43.83I.194 Bonds legal investment for public funds.
The bonds authorized in RCW 43.83I.184 shall be a legal
investment for all state funds or funds under state control and
for all funds of any other public body. [1983 1st ex.s. c 59 §
6.]
CONSTRUCTION
Federal home owner's loan corporation bonds, valid investment for public
and trust funds: RCW 39.60.010.
Firemen's pension board, investments by: RCW 41.16.040.
Highway construction bonds, investment in: Chapter 47.10 RCW.
Housing authority bonds, authorized as legal investments: RCW 35.82.220.
Industrial insurance funds: Chapter 51.44 RCW.
Investment accounting: RCW 43.33A.180.
43.83I.900
43.83I.900 Severability—1975-'76 2nd ex.s. c 132. If
any provision of this 1976 act, or its application to any person
or circumstance is held invalid, the remainder of the act, or
the application of the provision to other persons or circumstances is not affected. [1975-'76 2nd ex.s. c 132 § 8.]
43.83I.910
43.83I.910 Severability—1977 ex.s. c 343. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1977 ex.s. c 343 § 7.]
Judicial retirement—Investment for supplemental retirement: RCW
2.14.080.
Metropolitan municipal corporation obligations, authorized for public
deposits: RCW 35.58.510.
Mutual savings banks, investments in state bonds: RCW 32.20.050.
Port district toll facility bonds and notes as legal investments: RCW
53.34.150.
Public utility district revenue obligations as legal investments: RCW
54.24.120.
School building construction bonds: Chapter 28A.525 RCW.
Schools and school districts' bonds, investment of permanent school fund in:
State Constitution Art. 16 § 5.
Statewide city employees' retirement system funds: RCW 41.44.100.
43.83I.912
43.83I.912 Severability—1979 ex.s. c 224. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 224 § 7.]
43.83I.914
43.83I.914 Severability—1981 c 231. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 231 § 7.]
(2004 Ed.)
United States corporation bonds, valid investment for public and trust funds:
RCW 39.60.010.
43.84.031
43.84.031 Management of permanent funds—Procedural policies—Limitation on purchase, sale or exchange
prices for securities. Subject to the limitation of authority
delegated by RCW 43.84.031 through 43.84.061 and RCW
43.84.150, the state investment board shall adopt procedural
policies governing the management of said permanent trust
funds. [1981 c 3 § 17; 1973 1st ex.s. c 103 § 5; 1965 ex.s. c
104 § 3.]
[Title 43 RCW—page 395]
43.84.041
Title 43 RCW: State Government—Executive
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Severability—1973 1st ex.s. c 103: See note following RCW 2.10.080.
State investment board: Chapter 43.33A RCW.
43.84.041
43.84.041 Management of permanent funds—Disposition of securities. All securities purchased or held on
behalf of said funds, shall be held and disbursed through the
state treasury and shall be in the physical custody of the state
treasurer, who may deposit with the fiscal agent of the state,
or with a state depository, such of said securities as he shall
consider advisable to be held in safekeeping by said agent or
bank for collection of principal and interest, or of the proceeds of sale thereof. [1965 ex.s. c 104 § 4.]
43.84.051 Management of permanent funds—Collection of interest, income and principal of securities—Disposition. It shall be the duty of the state treasurer to collect
the interest, or other income on, and the principal of the securities held in his or her custody pursuant to RCW 43.84.041
as the said sums become due and payable, and to pay the
same when so collected into the respective funds to which the
principal and interest shall accrue, less the allocation to the
state treasurer's service account [fund] pursuant to RCW
43.08.190 and the state investment board expense account
pursuant to RCW 43.33A.160. [1991 sp.s. c 13 § 93; 1965
ex.s. c 104 § 5.]
43.84.051
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
43.84.061
43.84.061 Management of permanent funds in accordance with established standards. Any investments made
hereunder by the state investment board shall be made in
accordance with the standards established in RCW
43.33A.140. [1998 c 14 § 3; 1965 ex.s. c 104 § 6.]
43.84.080 Investment of current state funds. Wherever there is in any fund or in cash balances in the state treasury more than sufficient to meet the current expenditures
properly payable therefrom, the state treasurer may invest or
reinvest such portion of such funds or balances as the state
treasurer deems expedient in the following defined securities
or classes of investments:
(1) Certificates, notes, or bonds of the United States, or
other obligations of the United States or its agencies, or of
any corporation wholly owned by the government of the
United States;
(2) In state, county, municipal, or school district bonds,
or in warrants of taxing districts of the state. Such bonds and
warrants shall be only those found to be within the limit of
indebtedness prescribed by law for the taxing district issuing
them and to be general obligations. The state treasurer may
purchase such bonds or warrants directly from the taxing district or in the open market at such prices and upon such terms
as it may determine, and may sell them at such times as it
deems advisable;
(3) In motor vehicle fund warrants when authorized by
agreement between the state treasurer and the department of
transportation requiring repayment of invested funds from
any moneys in the motor vehicle fund available for state
highway construction;
43.84.080
[Title 43 RCW—page 396]
(4) In federal home loan bank notes and bonds, federal
land bank bonds and federal national mortgage association
notes, debentures and guaranteed certificates of participation,
or the obligations of any other government sponsored corporation whose obligations are or may become eligible as collateral for advances to member banks as determined by the
board of governors of the federal reserve system;
(5) Bankers' acceptances purchased on the secondary
market;
(6) Negotiable certificates of deposit of any national or
state commercial or mutual savings bank or savings and loan
association doing business in the United States: PROVIDED, That the treasurer shall adhere to the investment policies and procedures adopted by the state investment board;
(7) Commercial paper: PROVIDED, That the treasurer
shall adhere to the investment policies and procedures
adopted by the state investment board. [1982 c 148 § 1; 1981
c 3 § 18; 1979 ex.s. c 154 § 1; 1975 1st ex.s. c 4 § 1; 1971 c
16 § 1; 1967 c 211 § 1; 1965 c 8 § 43.84.080. Prior: 1961 c
281 § 11; 1955 c 197 § 1; 1935 c 91 § 1; RRS § 5508-1.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Severability—1961 c 281: See note following RCW 47.12.180.
Motor vehicle fund warrants for state highway acquisition: RCW 47.12.180
through 47.12.240.
43.84.092
43.84.092 Deposit of surplus balance investment
earnings—Treasury income account—Accounts and
funds credited. (Effective until July 1, 2005.) (1) All earnings of investments of surplus balances in the state treasury
shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay
or receive funds associated with federal programs as required
by the federal cash management improvement act of 1990.
The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds
or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal
treasury required under the cash management improvement
act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine
the amounts due to or from the federal government pursuant
to the cash management improvement act. The office of
financial management may direct transfers of funds between
accounts as deemed necessary to implement the provisions of
the cash management improvement act, and this subsection.
Refunds or allocations shall occur prior to the distributions of
earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the
treasury income account may be utilized for the payment of
purchased banking services on behalf of treasury funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasury and affected
state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is
required for payments to financial institutions. Payments
shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state trea(2004 Ed.)
Investments and Interfund Loans
surer shall credit the general fund with all the earnings credited to the treasury income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's
and fund's average daily balance for the period: The capitol
building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational,
penal and reformatory institutions account, the common
school construction fund, the county criminal justice assistance account, the county sales and use tax equalization
account, the data processing building construction account,
the deferred compensation administrative account, the
deferred compensation principal account, the department of
retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative
account, the drinking water assistance repayment account,
the Eastern Washington University capital projects account,
the education construction fund, the election account, the
emergency reserve fund, The Evergreen State College capital
projects account, the federal forest revolving account, the
health services account, the public health services account,
the health system capacity account, the personal health services account, the state higher education construction
account, the higher education construction account, the highway infrastructure account, the industrial insurance premium
refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement
principal account, the local leasehold excise tax account, the
local real estate excise tax account, the local sales and use tax
account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the
municipal criminal justice assistance account, the municipal
sales and use tax equalization account, the natural resources
deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public
employees' retirement system plan 1 account, the public
employees' retirement system combined plan 2 and plan 3
account, the public facilities construction loan revolving
account beginning July 1, 2004, the public health supplemental account, the Puyallup tribal settlement account, the
regional transportation investment district account, the
resource management cost account, the site closure account,
the special wildlife account, the state employees' insurance
account, the state employees' insurance reserve account, the
state investment board expense account, the state investment
board commingled trust fund accounts, the supplemental
pension account, the Tacoma Narrows toll bridge account,
the teachers' retirement system plan 1 account, the teachers'
retirement system combined plan 2 and plan 3 account, the
tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the
tuition recovery trust fund, the University of Washington
bond retirement fund, the University of Washington building
account, the volunteer fire fighters' and reserve officers' relief
and pension principal fund, the volunteer fire fighters' and
reserve officers' administrative fund, the Washington fruit
express account, the Washington judicial retirement system
account, the Washington law enforcement officers' and fire
fighters' system plan 1 retirement account, the Washington
law enforcement officers' and fire fighters' system plan 2
(2004 Ed.)
43.84.092
retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington
state health insurance pool account, the Washington state
patrol retirement account, the Washington State University
building account, the Washington State University bond
retirement fund, the water pollution control revolving fund,
and the Western Washington University capital projects
account. Earnings derived from investing balances of the
agricultural permanent fund, the normal school permanent
fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be
allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be
reduced by the allocation to the state treasurer's service fund
pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive
eighty percent of their proportionate share of earnings based
upon each account's or fund's average daily balance for the
period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the
department of licensing services account, the essential rail
assistance account, the ferry bond retirement fund, the grade
crossing protective fund, the high capacity transportation
account, the highway bond retirement fund, the highway
safety account, the motor vehicle fund, the motorcycle safety
education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction
account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the
safety and education account, the special category C account,
the state patrol highway account, the transportation 2003
account (nickel account), the transportation equipment fund,
the transportation fund, the transportation improvement
account, the transportation improvement board bond retirement account, and the urban arterial trust account.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated
earnings without the specific affirmative directive of this section. [2003 c 361 § 602; 2003 c 324 § 1; 2003 c 48 § 2. Prior:
2002 c 242 § 2; 2002 c 114 § 24; 2002 c 56 § 402; prior: 2001
2nd sp.s. c 14 § 608; (2001 2nd sp.s. c 14 § 607 expired
March 1, 2002); 2001 c 273 § 6; (2001 c 273 § 5 expired
March 1, 2002); 2001 c 141 § 3; (2001 c 141 § 2 expired
March 1, 2002); 2001 c 80 § 5; (2001 c 80 § 4 expired March
1, 2002); 2000 2nd sp.s. c 4 § 6; prior: 2000 2nd sp.s. c 4 § 5;
(2000 2nd sp.s. c 4 §§ 3, 4 expired September 1, 2000); 2000
c 247 § 702; 2000 c 79 § 39; (2000 c 79 §§ 37, 38 expired
September 1, 2000); prior: 1999 c 380 § 9; 1999 c 380 § 8;
1999 c 309 § 929; (1999 c 309 § 928 expired September 1,
2000); 1999 c 268 § 5; (1999 c 268 § 4 expired September 1,
2000); 1999 c 94 § 4; (1999 c 94 §§ 2, 3 expired September
1, 2000); 1998 c 341 § 708; 1997 c 218 § 5; 1996 c 262 § 4;
prior: 1995 c 394 § 1; 1995 c 122 § 12; prior: 1994 c 2 § 6
(Initiative Measure No. 601, approved November 2, 1993);
1993 sp.s. c 25 § 511; 1993 sp.s. c 8 § 1; 1993 c 500 § 6; 1993
c 492 § 473; 1993 c 445 § 4; 1993 c 329 § 2; 1993 c 4 § 9;
1992 c 235 § 4; 1991 sp.s. c 13 § 57; 1990 2nd ex.s. c 1 § 204;
1989 c 419 § 12; 1985 c 57 § 51.]
Reviser's note: This section was amended by 2003 c 48 § 2, 2003 c 324
§ 1, and by 2003 c 361 § 602, each without reference to the other. All
[Title 43 RCW—page 397]
43.84.092
Title 43 RCW: State Government—Executive
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective date—2003 c 48: See note following RCW 29A.04.440.
Findings—Intent—2002 c 242: See note following RCW 43.160.085.
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
Effective date—2001 2nd sp.s. c 14 § 608: "Section 608 of this act
takes effect March 1, 2002." [2001 2nd sp.s. c 14 § 611.]
Expiration date—2001 2nd sp.s. c 14 § 607: "Section 607 of this act
expires March 1, 2002." [2001 2nd sp.s. c 14 § 610.]
Severability—Effective date—2001 2nd sp.s. c 14: See notes following RCW 47.04.210.
Effective date—2001 c 273 § 6: "Section 6 of this act takes effect
March 1, 2002." [2001 c 273 § 8.]
Expiration date—2001 c 273 § 5: "Section 5 of this act expires March
1, 2002." [2001 c 273 § 7.]
Effective date—2001 c 141 § 3: "Section 3 of this act takes effect
March 1, 2002." [2001 c 141 § 6.]
Expiration date—2001 c 141 § 2: "Section 2 of this act expires March
1, 2002." [2001 c 141 § 5.]
Purpose—2001 c 141: "This act is needed to comply with federal law,
which is the source of funds in the drinking water assistance account, used to
fund the Washington state drinking water loan program as part of the federal
safe drinking water act." [2001 c 141 § 1.]
Effective date—2001 c 80 § 5: "Section 5 of this act takes effect March
1, 2002." [2001 c 80 § 7.]
Expiration date—2001 c 80 § 4: "Section 4 of this act expires March
1, 2002." [2001 c 80 § 6.]
Findings—Intent—2001 c 80: See note following RCW 43.70.040.
Expiration date—2000 2nd sp.s. c 4 §§ 3 and 4: "Sections 3 and 4 of
this act expire September 1, 2000." [2000 2nd sp.s. c 4 § 37.]
Effective date—2000 2nd sp.s. c 4 §§ 1-3 and 20: See note following
RCW 82.08.020.
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: See note following RCW
43.89.010.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Expiration date—2000 c 79 §§ 37 and 38: "Sections 37 and 38 of this
act expire September 1, 2000." [2000 c 79 § 49.]
Effective dates—2000 c 79 §§ 26, 38, and 39: See note following
RCW 48.43.041.
Severability—2000 c 79: See note following RCW 48.04.010.
Severability—Effective date—1999 c 380: See RCW 43.99P.900 and
43.99P.901.
Expiration date—1999 c 309 § 928: "Section 928 of this act expires
September 1, 2000." [1999 c 309 § 930.]
Effective dates—1999 c 309 §§ 927-929, 931, and 1101-1902: See
note following RCW 43.79.480.
Severability—1999 c 309: See note following RCW 41.06.152.
Effective date—1999 c 268 § 5: "Section 5 of this act takes effect September 1, 2000." [1999 c 268 § 7.]
Expiration date—1999 c 268 § 4: "Section 4 of this act expires September 1, 2000." [1999 c 268 § 6.]
Expiration date—1999 c 94 §§ 2 and 3: "Sections 2 and 3 of this act
expire September 1, 2000." [1999 c 94 § 36.]
Legislative finding—1999 c 94: "The legislature finds that a periodic
review of the accounts and their uses is necessary. While creating new
accounts may facilitate the implementation of legislative intent, the creation
of too many accounts limits the effectiveness of performance-based budgeting. Too many accounts also limit the flexibility of the legislature to address
[Title 43 RCW—page 398]
emerging and changing issues in addition to creating administrative burdens
for the responsible agencies. Accounts created for specific purposes may no
longer be valid or needed. Accordingly, this act eliminates accounts that are
not in use or are unneeded and consolidates accounts that are similar in
nature." [1999 c 94 § 1.]
Effective dates—1999 c 94: "(1) Sections 1, 2, 5 through 24, 29
through 31, and 33 of this act are necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and take effect July 1, 1999.
(2) Section 4 of this act takes effect September 1, 2000.
(3) Sections 32 and 37 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 30, 1999.
(4) Sections 3, 25 through 28, and 34 of this act take effect July 1,
2000." [1999 c 94 § 35.]
Effective date—1998 c 341: See RCW 41.35.901.
Findings—Effective date—1997 c 218: See notes following RCW
70.119.030.
Transportation infrastructure account—Highway infrastructure
account—Finding—Intent—Purpose—1996 c 262: See RCW 82.44.195.
Effective date—1996 c 262: See note following RCW 82.44.190.
Effective date—1995 c 394: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 1, 1995."
[1995 c 394 § 3.]
Declaration—Intent—Purpose—1995 c 122: See RCW 59.21.006.
Severability—Effective date—1995 c 122: See RCW 59.21.904 and
59.21.905.
Severability—Effective dates—1994 c 2 (Initiative Measure No.
601): See RCW 43.135.903 and 43.135.904.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 sp.s. c 25: See note following RCW
82.45.010.
Effective date—Application—1993 sp.s. c 8: "This act shall take
effect July 1, 1993, but shall not be effective for earnings on balances prior
to July 1, 1993." [1993 sp.s. c 8 § 3.]
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective date—1993 c 329: See note following RCW 90.50A.020.
Legislative declaration—Effective date—1993 c 4: See notes following RCW 47.56.770.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Applicability—1990 2nd ex.s. c 1: See note following RCW
82.14.050.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.84.092
43.84.092 Deposit of surplus balance investment
earnings—Treasury income account—Accounts and
funds credited. (Effective July 1, 2005, until July 1, 2006.)
(1) All earnings of investments of surplus balances in the
state treasury shall be deposited to the treasury income
account, which account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay
or receive funds associated with federal programs as required
by the federal cash management improvement act of 1990.
(2004 Ed.)
Investments and Interfund Loans
The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds
or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal
treasury required under the cash management improvement
act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine
the amounts due to or from the federal government pursuant
to the cash management improvement act. The office of
financial management may direct transfers of funds between
accounts as deemed necessary to implement the provisions of
the cash management improvement act, and this subsection.
Refunds or allocations shall occur prior to the distributions of
earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the
treasury income account may be utilized for the payment of
purchased banking services on behalf of treasury funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasury and affected
state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is
required for payments to financial institutions. Payments
shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's
and fund's average daily balance for the period: The capitol
building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational,
penal and reformatory institutions account, the common
school construction fund, the county criminal justice assistance account, the county sales and use tax equalization
account, the data processing building construction account,
the deferred compensation administrative account, the
deferred compensation principal account, the department of
retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative
account, the drinking water assistance repayment account,
the Eastern Washington University capital projects account,
the education construction fund, the election account, the
emergency reserve fund, The Evergreen State College capital
projects account, the federal forest revolving account, the
health services account, the public health services account,
the health system capacity account, the personal health services account, the state higher education construction
account, the higher education construction account, the highway infrastructure account, the industrial insurance premium
refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement
principal account, the local leasehold excise tax account, the
local real estate excise tax account, the local sales and use tax
account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the
municipal criminal justice assistance account, the municipal
sales and use tax equalization account, the natural resources
deposit account, the oyster reserve land account, the perpet(2004 Ed.)
43.84.092
ual surveillance and maintenance account, the public
employees' retirement system plan 1 account, the public
employees' retirement system combined plan 2 and plan 3
account, the public facilities construction loan revolving
account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puyallup
tribal settlement account, the regional transportation investment district account, the resource management cost account,
the site closure account, the special wildlife account, the state
employees' insurance account, the state employees' insurance
reserve account, the state investment board expense account,
the state investment board commingled trust fund accounts,
the supplemental pension account, the Tacoma Narrows toll
bridge account, the teachers' retirement system plan 1
account, the teachers' retirement system combined plan 2 and
plan 3 account, the tobacco prevention and control account,
the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of
Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and
reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the
Washington fruit express account, the Washington judicial
retirement system account, the Washington law enforcement
officers' and fire fighters' system plan 1 retirement account,
the Washington law enforcement officers' and fire fighters'
system plan 2 retirement account, the Washington school
employees' retirement system combined plan 2 and 3
account, the Washington state health insurance pool account,
the Washington state patrol retirement account, the Washington State University building account, the Washington State
University bond retirement fund, the water pollution control
revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school
permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent
fund shall be allocated to their respective beneficiary
accounts. All earnings to be distributed under this subsection
(4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive
eighty percent of their proportionate share of earnings based
upon each account's or fund's average daily balance for the
period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the
department of licensing services account, the essential rail
assistance account, the ferry bond retirement fund, the grade
crossing protective fund, the high capacity transportation
account, the highway bond retirement fund, the highway
safety account, the motor vehicle fund, the motorcycle safety
education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction
account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the
safety and education account, the special category C account,
the state patrol highway account, the transportation 2003
account (nickel account), the transportation equipment fund,
the transportation fund, the transportation improvement
account, the transportation improvement board bond retirement account, and the urban arterial trust account.
[Title 43 RCW—page 399]
43.84.092
Title 43 RCW: State Government—Executive
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated
earnings without the specific affirmative directive of this section. [2003 c 361 § 602; 2003 c 324 § 1; 2003 c 150 § 2; 2003
c 48 § 2. Prior: 2002 c 242 § 2; 2002 c 114 § 24; 2002 c 56
§ 402; prior: 2001 2nd sp.s. c 14 § 608; (2001 2nd sp.s. c 14
§ 607 expired March 1, 2002); 2001 c 273 § 6; (2001 c 273 §
5 expired March 1, 2002); 2001 c 141 § 3; (2001 c 141 § 2
expired March 1, 2002); 2001 c 80 § 5; (2001 c 80 § 4 expired
March 1, 2002); 2000 2nd sp.s. c 4 § 6; prior: 2000 2nd sp.s.
c 4 § 5; (2000 2nd sp.s. c 4 §§ 3, 4 expired September 1,
2000); 2000 c 247 § 702; 2000 c 79 § 39; (2000 c 79 §§ 37,
38 expired September 1, 2000); prior: 1999 c 380 § 9; 1999
c 380 § 8; 1999 c 309 § 929; (1999 c 309 § 928 expired September 1, 2000); 1999 c 268 § 5; (1999 c 268 § 4 expired September 1, 2000); 1999 c 94 § 4; (1999 c 94 §§ 2, 3 expired
September 1, 2000); 1998 c 341 § 708; 1997 c 218 § 5; 1996
c 262 § 4; prior: 1995 c 394 § 1; 1995 c 122 § 12; prior: 1994
c 2 § 6 (Initiative Measure No. 601, approved November 2,
1993); 1993 sp.s. c 25 § 511; 1993 sp.s. c 8 § 1; 1993 c 500 §
6; 1993 c 492 § 473; 1993 c 445 § 4; 1993 c 329 § 2; 1993 c
4 § 9; 1992 c 235 § 4; 1991 sp.s. c 13 § 57; 1990 2nd ex.s. c
1 § 204; 1989 c 419 § 12; 1985 c 57 § 51.]
Reviser's note: This section was amended by 2003 c 48 § 2, 2003 c 150
§ 2, 2003 c 324 § 1, and by 2003 c 361 § 602, each without reference to the
other. All amendments are incorporated in the publication of this section
under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective date—2003 c 150 §§ 2 and 3: "Sections 2 and 3 of this act
take effect July 1, 2005." [2003 c 150 § 4.]
Effective date—2003 c 48: See note following RCW 29A.04.440.
Findings—Intent—2003 c 150; 2002 c 242: See note following RCW
43.160.085.
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
Effective date—2001 2nd sp.s. c 14 § 608: "Section 608 of this act
takes effect March 1, 2002." [2001 2nd sp.s. c 14 § 611.]
Expiration date—2001 2nd sp.s. c 14 § 607: "Section 607 of this act
expires March 1, 2002." [2001 2nd sp.s. c 14 § 610.]
Severability—Effective date—2001 2nd sp.s. c 14: See notes following RCW 47.04.210.
Effective date—2001 c 273 § 6: "Section 6 of this act takes effect
March 1, 2002." [2001 c 273 § 8.]
Expiration date—2001 c 273 § 5: "Section 5 of this act expires March
1, 2002." [2001 c 273 § 7.]
Effective date—2001 c 141 § 3: "Section 3 of this act takes effect
March 1, 2002." [2001 c 141 § 6.]
Expiration date—2001 c 141 § 2: "Section 2 of this act expires March
1, 2002." [2001 c 141 § 5.]
Purpose—2001 c 141: "This act is needed to comply with federal law,
which is the source of funds in the drinking water assistance account, used to
fund the Washington state drinking water loan program as part of the federal
safe drinking water act." [2001 c 141 § 1.]
Effective date—2001 c 80 § 5: "Section 5 of this act takes effect March
1, 2002." [2001 c 80 § 7.]
Expiration date—2001 c 80 § 4: "Section 4 of this act expires March
1, 2002." [2001 c 80 § 6.]
Findings—Intent—2001 c 80: See note following RCW 43.70.040.
[Title 43 RCW—page 400]
Expiration date—2000 2nd sp.s. c 4 §§ 3 and 4: "Sections 3 and 4 of
this act expire September 1, 2000." [2000 2nd sp.s. c 4 § 37.]
Effective date—2000 2nd sp.s. c 4 §§ 1-3 and 20: See note following
RCW 82.08.020.
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: See note following RCW
43.89.010.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Expiration date—2000 c 79 §§ 37 and 38: "Sections 37 and 38 of this
act expire September 1, 2000." [2000 c 79 § 49.]
Effective dates—2000 c 79 §§ 26, 38, and 39: See note following
RCW 48.43.041.
Severability—2000 c 79: See note following RCW 48.04.010.
Severability—Effective date—1999 c 380: See RCW 43.99P.900 and
43.99P.901.
Expiration date—1999 c 309 § 928: "Section 928 of this act expires
September 1, 2000." [1999 c 309 § 930.]
Effective dates—1999 c 309 §§ 927-929, 931, and 1101-1902: See
note following RCW 43.79.480.
Severability—1999 c 309: See note following RCW 41.06.152.
Effective date—1999 c 268 § 5: "Section 5 of this act takes effect September 1, 2000." [1999 c 268 § 7.]
Expiration date—1999 c 268 § 4: "Section 4 of this act expires September 1, 2000." [1999 c 268 § 6.]
Expiration date—1999 c 94 §§ 2 and 3: "Sections 2 and 3 of this act
expire September 1, 2000." [1999 c 94 § 36.]
Legislative finding—1999 c 94: "The legislature finds that a periodic
review of the accounts and their uses is necessary. While creating new
accounts may facilitate the implementation of legislative intent, the creation
of too many accounts limits the effectiveness of performance-based budgeting. Too many accounts also limit the flexibility of the legislature to address
emerging and changing issues in addition to creating administrative burdens
for the responsible agencies. Accounts created for specific purposes may no
longer be valid or needed. Accordingly, this act eliminates accounts that are
not in use or are unneeded and consolidates accounts that are similar in
nature." [1999 c 94 § 1.]
Effective dates—1999 c 94: "(1) Sections 1, 2, 5 through 24, 29
through 31, and 33 of this act are necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and take effect July 1, 1999.
(2) Section 4 of this act takes effect September 1, 2000.
(3) Sections 32 and 37 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 30, 1999.
(4) Sections 3, 25 through 28, and 34 of this act take effect July 1,
2000." [1999 c 94 § 35.]
Effective date—1998 c 341: See RCW 41.35.901.
Findings—Effective date—1997 c 218: See notes following RCW
70.119.030.
Transportation infrastructure account—Highway infrastructure
account—Finding—Intent—Purpose—1996 c 262: See RCW 82.44.195.
Effective date—1996 c 262: See note following RCW 82.44.190.
Effective date—1995 c 394: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 1, 1995."
[1995 c 394 § 3.]
Declaration—Intent—Purpose—1995 c 122: See RCW 59.21.006.
Severability—Effective date—1995 c 122: See RCW 59.21.904 and
59.21.905.
Severability—Effective dates—1994 c 2 (Initiative Measure No.
601): See RCW 43.135.903 and 43.135.904.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 sp.s. c 25: See note following RCW
82.45.010.
(2004 Ed.)
Investments and Interfund Loans
Effective date—Application—1993 sp.s. c 8: "This act shall take
effect July 1, 1993, but shall not be effective for earnings on balances prior
to July 1, 1993." [1993 sp.s. c 8 § 3.]
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective date—1993 c 329: See note following RCW 90.50A.020.
Legislative declaration—Effective date—1993 c 4: See notes following RCW 47.56.770.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Applicability—1990 2nd ex.s. c 1: See note following RCW
82.14.050.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.84.092
43.84.092 Deposit of surplus balance investment
earnings—Treasury income account—Accounts and
funds credited. (Effective July 1, 2006.) (1) All earnings of
investments of surplus balances in the state treasury shall be
deposited to the treasury income account, which account is
hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay
or receive funds associated with federal programs as required
by the federal cash management improvement act of 1990.
The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds
or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal
treasury required under the cash management improvement
act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine
the amounts due to or from the federal government pursuant
to the cash management improvement act. The office of
financial management may direct transfers of funds between
accounts as deemed necessary to implement the provisions of
the cash management improvement act, and this subsection.
Refunds or allocations shall occur prior to the distributions of
earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the
treasury income account may be utilized for the payment of
purchased banking services on behalf of treasury funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasury and affected
state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is
required for payments to financial institutions. Payments
shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's
and fund's average daily balance for the period: The capitol
building construction account, the Cedar River channel con(2004 Ed.)
43.84.092
struction and operation account, the Central Washington University capital projects account, the charitable, educational,
penal and reformatory institutions account, the common
school construction fund, the county criminal justice assistance account, the county sales and use tax equalization
account, the data processing building construction account,
the deferred compensation administrative account, the
deferred compensation principal account, the department of
retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative
account, the drinking water assistance repayment account,
the Eastern Washington University capital projects account,
the education construction fund, the election account, the
emergency reserve fund, The Evergreen State College capital
projects account, the federal forest revolving account, the
health services account, the public health services account,
the health system capacity account, the personal health services account, the state higher education construction
account, the higher education construction account, the highway infrastructure account, the industrial insurance premium
refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement
principal account, the local leasehold excise tax account, the
local real estate excise tax account, the local sales and use tax
account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the
municipal criminal justice assistance account, the municipal
sales and use tax equalization account, the natural resources
deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public
employees' retirement system plan 1 account, the public
employees' retirement system combined plan 2 and plan 3
account, the public facilities construction loan revolving
account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puyallup
tribal settlement account, the regional transportation investment district account, the resource management cost account,
the site closure account, the special wildlife account, the state
employees' insurance account, the state employees' insurance
reserve account, the state investment board expense account,
the state investment board commingled trust fund accounts,
the supplemental pension account, the Tacoma Narrows toll
bridge account, the teachers' retirement system plan 1
account, the teachers' retirement system combined plan 2 and
plan 3 account, the tobacco prevention and control account,
the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of
Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and
reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the
Washington fruit express account, the Washington judicial
retirement system account, the Washington law enforcement
officers' and fire fighters' system plan 1 retirement account,
the Washington law enforcement officers' and fire fighters'
system plan 2 retirement account, the Washington public
safety employees' plan 2 retirement account, the Washington
school employees' retirement system combined plan 2 and 3
account, the Washington state health insurance pool account,
the Washington state patrol retirement account, the Washington State University building account, the Washington State
[Title 43 RCW—page 401]
43.84.092
Title 43 RCW: State Government—Executive
University bond retirement fund, the water pollution control
revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school
permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent
fund shall be allocated to their respective beneficiary
accounts. All earnings to be distributed under this subsection
(4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive
eighty percent of their proportionate share of earnings based
upon each account's or fund's average daily balance for the
period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the
department of licensing services account, the essential rail
assistance account, the ferry bond retirement fund, the grade
crossing protective fund, the high capacity transportation
account, the highway bond retirement fund, the highway
safety account, the motor vehicle fund, the motorcycle safety
education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction
account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the
safety and education account, the special category C account,
the state patrol highway account, the transportation 2003
account (nickel account), the transportation equipment fund,
the transportation fund, the transportation improvement
account, the transportation improvement board bond retirement account, and the urban arterial trust account.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated
earnings without the specific affirmative directive of this section. [2004 c 242 § 60. Prior: 2003 c 361 § 602; 2003 c 324
§ 1; 2003 c 150 § 2; 2003 c 48 § 2; prior: 2002 c 242 § 2;
2002 c 114 § 24; 2002 c 56 § 402; prior: 2001 2nd sp.s. c 14
§ 608; (2001 2nd sp.s. c 14 § 607 expired March 1, 2002);
2001 c 273 § 6; (2001 c 273 § 5 expired March 1, 2002); 2001
c 141 § 3; (2001 c 141 § 2 expired March 1, 2002); 2001 c 80
§ 5; (2001 c 80 § 4 expired March 1, 2002); 2000 2nd sp.s. c
4 § 6; prior: 2000 2nd sp.s. c 4 § 5; (2000 2nd sp.s. c 4 §§ 3,
4 expired September 1, 2000); 2000 c 247 § 702; 2000 c 79 §
39; (2000 c 79 §§ 37, 38 expired September 1, 2000); prior:
1999 c 380 § 9; 1999 c 380 § 8; 1999 c 309 § 929; (1999 c 309
§ 928 expired September 1, 2000); 1999 c 268 § 5; (1999 c
268 § 4 expired September 1, 2000); 1999 c 94 § 4; (1999 c
94 §§ 2, 3 expired September 1, 2000); 1998 c 341 § 708;
1997 c 218 § 5; 1996 c 262 § 4; prior: 1995 c 394 § 1; 1995
c 122 § 12; prior: 1994 c 2 § 6 (Initiative Measure No. 601,
approved November 2, 1993); 1993 sp.s. c 25 § 511; 1993
sp.s. c 8 § 1; 1993 c 500 § 6; 1993 c 492 § 473; 1993 c 445 §
4; 1993 c 329 § 2; 1993 c 4 § 9; 1992 c 235 § 4; 1991 sp.s. c
13 § 57; 1990 2nd ex.s. c 1 § 204; 1989 c 419 § 12; 1985 c 57
§ 51.]
Effective date—2004 c 242: See RCW 41.37.901.
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective date—2003 c 150 §§ 2 and 3: "Sections 2 and 3 of this act
take effect July 1, 2005." [2003 c 150 § 4.]
Effective date—2003 c 48: See note following RCW 29A.04.440.
[Title 43 RCW—page 402]
Findings—Intent—2003 c 150; 2002 c 242: See note following RCW
43.160.085.
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
Effective date—2001 2nd sp.s. c 14 § 608: "Section 608 of this act
takes effect March 1, 2002." [2001 2nd sp.s. c 14 § 611.]
Expiration date—2001 2nd sp.s. c 14 § 607: "Section 607 of this act
expires March 1, 2002." [2001 2nd sp.s. c 14 § 610.]
Severability—Effective date—2001 2nd sp.s. c 14: See notes following RCW 47.04.210.
Effective date—2001 c 273 § 6: "Section 6 of this act takes effect
March 1, 2002." [2001 c 273 § 8.]
Expiration date—2001 c 273 § 5: "Section 5 of this act expires March
1, 2002." [2001 c 273 § 7.]
Effective date—2001 c 141 § 3: "Section 3 of this act takes effect
March 1, 2002." [2001 c 141 § 6.]
Expiration date—2001 c 141 § 2: "Section 2 of this act expires March
1, 2002." [2001 c 141 § 5.]
Purpose—2001 c 141: "This act is needed to comply with federal law,
which is the source of funds in the drinking water assistance account, used to
fund the Washington state drinking water loan program as part of the federal
safe drinking water act." [2001 c 141 § 1.]
Effective date—2001 c 80 § 5: "Section 5 of this act takes effect March
1, 2002." [2001 c 80 § 7.]
Expiration date—2001 c 80 § 4: "Section 4 of this act expires March
1, 2002." [2001 c 80 § 6.]
Findings—Intent—2001 c 80: See note following RCW 43.70.040.
Expiration date—2000 2nd sp.s. c 4 §§ 3 and 4: "Sections 3 and 4 of
this act expire September 1, 2000." [2000 2nd sp.s. c 4 § 37.]
Effective date—2000 2nd sp.s. c 4 §§ 1-3 and 20: See note following
RCW 82.08.020.
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: See note following RCW
43.89.010.
Effective dates—Subchapter headings not law—2000 c 247: See
RCW 41.40.931 and 41.40.932.
Expiration date—2000 c 79 §§ 37 and 38: "Sections 37 and 38 of this
act expire September 1, 2000." [2000 c 79 § 49.]
Effective dates—2000 c 79 §§ 26, 38, and 39: See note following
RCW 48.43.041.
Severability—2000 c 79: See note following RCW 48.04.010.
Severability—Effective date—1999 c 380: See RCW 43.99P.900 and
43.99P.901.
Expiration date—1999 c 309 § 928: "Section 928 of this act expires
September 1, 2000." [1999 c 309 § 930.]
Effective dates—1999 c 309 §§ 927-929, 931, and 1101-1902: See
note following RCW 43.79.480.
Severability—1999 c 309: See note following RCW 41.06.152.
Effective date—1999 c 268 § 5: "Section 5 of this act takes effect September 1, 2000." [1999 c 268 § 7.]
Expiration date—1999 c 268 § 4: "Section 4 of this act expires September 1, 2000." [1999 c 268 § 6.]
Expiration date—1999 c 94 §§ 2 and 3: "Sections 2 and 3 of this act
expire September 1, 2000." [1999 c 94 § 36.]
Legislative finding—1999 c 94: "The legislature finds that a periodic
review of the accounts and their uses is necessary. While creating new
accounts may facilitate the implementation of legislative intent, the creation
of too many accounts limits the effectiveness of performance-based budgeting. Too many accounts also limit the flexibility of the legislature to address
emerging and changing issues in addition to creating administrative burdens
for the responsible agencies. Accounts created for specific purposes may no
longer be valid or needed. Accordingly, this act eliminates accounts that are
not in use or are unneeded and consolidates accounts that are similar in
nature." [1999 c 94 § 1.]
(2004 Ed.)
Investments and Interfund Loans
Effective dates—1999 c 94: "(1) Sections 1, 2, 5 through 24, 29
through 31, and 33 of this act are necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and take effect July 1, 1999.
(2) Section 4 of this act takes effect September 1, 2000.
(3) Sections 32 and 37 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 30, 1999.
(4) Sections 3, 25 through 28, and 34 of this act take effect July 1,
2000." [1999 c 94 § 35.]
Effective date—1998 c 341: See RCW 41.35.901.
Findings—Effective date—1997 c 218: See notes following RCW
70.119.030.
Transportation infrastructure account—Highway infrastructure
account—Finding—Intent—Purpose—1996 c 262: See RCW 82.44.195.
Effective date—1996 c 262: See note following RCW 82.44.190.
Effective date—1995 c 394: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 1, 1995."
[1995 c 394 § 3.]
Declaration—Intent—Purpose—1995 c 122: See RCW 59.21.006.
Severability—Effective date—1995 c 122: See RCW 59.21.904 and
59.21.905.
Severability—Effective dates—1994 c 2 (Initiative Measure No.
601): See RCW 43.135.903 and 43.135.904.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 sp.s. c 25: See note following RCW
82.45.010.
Effective date—Application—1993 sp.s. c 8: "This act shall take
effect July 1, 1993, but shall not be effective for earnings on balances prior
to July 1, 1993." [1993 sp.s. c 8 § 3.]
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Effective date—1993 c 329: See note following RCW 90.50A.020.
Legislative declaration—Effective date—1993 c 4: See notes following RCW 47.56.770.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Applicability—1990 2nd ex.s. c 1: See note following RCW
82.14.050.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Intent—Effective date—1989 c 419: See notes following RCW
4.92.006.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.84.095 Exemption from reserve fund—Motor
vehicle fund income from United States securities. Whenever moneys of the motor vehicle fund shall be invested in
bonds, notes, bills or certificates of the United States treasury
payable at par upon demand, or within a term not greater than
one year, it shall not be necessary to place any portion of the
income therefrom in the reserve fund provided for in *RCW
43.84.090. [1965 c 8 § 43.84.095. Prior: 1953 c 56 § 1.]
43.84.095
*Reviser's note: RCW 43.84.090 was repealed by 1991 sp.s. c 13 §
122, effective July 1, 1991.
43.84.120 Investment in state warrants. Whenever
there is in any fund or in cash balances in the state treasury
more than sufficient to meet the current expenditures properly payable therefrom, and over and above the amount
43.84.120
(2004 Ed.)
43.84.160
belonging to the permanent school fund as shown by the separation made by the state treasurer, the state treasurer may
invest such portion of such funds or balances over and above
that belonging to the permanent school fund in registered
warrants of the state of Washington at such times and in such
amounts, and may sell them at such times, as he deems advisable: PROVIDED, That those funds having statutory authority to make investments are excluded from the provisions of
RCW 43.84.120.
Upon such investment being made, the state treasurer
shall pay into the appropriate fund the amount so invested,
and the warrants so purchased shall be deposited with the
state treasurer, who shall collect all interest and principal
payments falling due thereon and allocate the same to the
proper fund or funds. [1971 ex.s. c 88 § 4; 1965 c 8 §
43.84.120. Prior: 1951 c 232 § 2.]
Severability—1971 ex.s. c 88: See note following RCW 43.08.070.
43.84.130
43.84.130 Separate accounting as to permanent
school fund. For the purposes of RCW 43.84.120 the state
treasurer shall make and keep an accounting separation of the
amount of cash balances in the state treasury belonging to the
permanent school fund. [1965 c 8 § 43.84.130. Prior: 1951 c
232 § 1.]
43.84.140
43.84.140 Investment of scientific school, agricultural college, and state university funds in regents' revenue bonds. The state investment board is authorized to
invest moneys in the scientific school permanent fund and the
agricultural college permanent fund in regents' revenue
bonds issued by the board of regents of Washington State
University for the purposes provided for in RCW 28B.10.300
and to invest moneys in the state university permanent fund
in regents' revenue bonds issued by the board of regents of
the University of Washington for the purposes provided in
RCW 28B.10.300. [1981 c 3 § 19; 1965 c 8 § 43.84.140.
Prior: 1959 c 150 § 1.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
43.84.150
43.84.150 Authority of state investment board to
invest, reinvest, manage investments acquired. Except
where otherwise specifically provided by law, the state
investment board shall have full power to invest, reinvest,
manage, contract, or sell or exchange investments acquired.
Investments shall be made in accordance with RCW
43.33A.140 and investment policy duly established and published by the state investment board. [1998 c 14 § 4; 1981 c
98 § 1; 1981 c 3 § 20; 1979 c 119 § 3; 1977 ex.s. c 251 § 5;
1975-'76 2nd ex.s. c 17 § 2. Prior: 1975 1st ex.s. c 252 § 1;
1975 1st ex.s. c 81 § 1; 1973 1st ex.s. c 103 § 12.]
Effective date—1981 c 98: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 98 § 2.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Severability—1973 1st ex.s. c 103: See note following RCW 2.10.080.
43.84.160
43.84.160 Investment counseling fees payable from
earnings. Investment counseling fees established by con[Title 43 RCW—page 403]
43.84.170
Title 43 RCW: State Government—Executive
tract shall be payable from the investment earnings derived
from those assets being managed by investment counsel.
[1973 1st ex.s. c 103 § 13.]
Severability—1973 1st ex.s. c 103: See note following RCW 2.10.080.
43.84.170
43.84.170 Investment of surplus moneys in common
school fund, agricultural college fund, normal school
fund, scientific school fund or university fund. Whenever
there are surplus moneys available for investment in the permanent common school fund, the agricultural college permanent fund, the normal school permanent fund, the scientific
school permanent fund, or the university permanent fund, the
state investment board has full power to invest or reinvest
such funds in the manner prescribed by RCW 43.84.150, and
not otherwise. [1981 c 3 § 21; 1973 1st ex.s. c 103 § 14.]
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Severability—1973 1st ex.s. c 103: See note following RCW 2.10.080.
Agricultural permanent fund: RCW 43.79.130.
Normal school permanent fund: RCW 43.79.160.
Permanent common school fund: State Constitution Art. 9 § 3, RCW
28A.515.300.
Scientific permanent fund: RCW 43.79.110.
University permanent fund: RCW 43.79.060.
43.84.180
43.84.180 Public works assistance account earnings—Share to public facilities construction loan revolving account. (Effective July 1, 2005.) The proportionate
share of earnings based on the average daily balance in the
public works assistance account shall be placed in the public
facilities construction loan revolving fund. [2003 c 150 § 3.]
Effective date—2003 c 150 §§ 2 and 3: See note following RCW
43.84.092.
43.85.070. Prior: 1945 c 129 § 2; 1943 c 134 § 1; 1935 c 139
§ 3; 1931 c 87 § 2; 1907 c 37 § 4; Rem. Supp. 1945 § 5551.]
Construction—Severability—1969 ex.s. c 193: See notes following
RCW 39.58.010.
Liability of treasurers for losses of deposits: RCW 39.58.140.
43.85.190
43.85.190 Investment deposits and rate of interest. It
is the purpose of RCW 43.85.190 through 43.85.230 to
authorize the state treasurer to make investment deposits of
state moneys or funds in his custody in qualified public
depositaries at a rate of interest permitted by any applicable
statute or regulation. [1983 c 66 § 17; 1983 c 3 § 113; 1969
ex.s. c 193 § 21; 1965 c 8 § 43.85.190. Prior: 1955 c 198 § 1.]
Severability—1983 c 66: See note following RCW 39.58.010.
Construction—Severability—1969 ex.s. c 193: See notes following
RCW 39.58.010.
43.85.200
43.85.200 Investment deposits and rate of interest—
State moneys defined. All moneys or funds belonging to or
in the custody of the state under the control of the state treasurer shall be considered as state moneys or funds. [1965 c 8
§ 43.85.200. Prior: 1955 c 198 § 2.]
43.85.210
43.85.210 Investment deposits and rate of interest—
Demand and time accounts authorized. The state treasurer
may deposit state moneys or funds at interest in any qualified
public depositary upon a demand or time account basis.
[1983 c 66 § 18; 1965 c 8 § 43.85.210. Prior: 1955 c 198 § 3.]
Severability—1983 c 66: See note following RCW 39.58.010.
43.85.220
Findings—Intent—2003 c 150; 2002 c 242: See note following RCW
43.160.085.
Chapter 43.85
Chapter 43.85 RCW
STATE DEPOSITARIES
Sections
43.85.070
43.85.190
43.85.200
43.85.210
43.85.220
43.85.230
Deposits deemed in state treasury—Liability.
Investment deposits and rate of interest.
Investment deposits and rate of interest—State moneys
defined.
Investment deposits and rate of interest—Demand and time
accounts authorized.
Investment deposits and rate of interest—Members of federal
reserve or federal deposit insurance corporation.
Investment deposits and rate of interest—Term deposit basis.
Public depositaries, deposit and investment of public funds: Chapter 39.58
RCW.
43.85.070
43.85.070 Deposits deemed in state treasury—Liability. The state treasurer may deposit with any qualified public
depositary which has fully complied with all requirements of
law and the regulations of the public deposit protection commission any state moneys in his hands or under his official
control and any sum so on deposit shall be deemed to be in
the state treasury, and he shall not be liable for any loss
thereof resulting from the failure or default of any such
depositary without fault or neglect on his part or on the part
of his assistants or clerks. [1969 ex.s. c 193 § 18; 1965 c 8 §
[Title 43 RCW—page 404]
43.85.220 Investment deposits and rate of interest—
Members of federal reserve or federal deposit insurance
corporation. If state depositaries are member banks of the
federal reserve system, or are banks the deposits of which,
within certain limits, are insured by the federal deposit insurance corporation and, as such, are prohibited by a statute of
the United States or by a lawful regulation of the federal
reserve system or of the federal deposit insurance corporation, or of any authorized agency of the federal government,
from paying interest upon demand deposits of public funds of
a state, the payment of interest shall not be required of such
depositaries to the extent and for the period of time that payment thereof is prohibited. [1965 c 8 § 43.85.220. Prior:
1955 c 198 § 4.]
43.85.230
43.85.230 Investment deposits and rate of interest—
Term deposit basis. The state treasurer may deposit moneys
not required to meet current demands upon a term deposit
basis not to exceed five years at such interest rates and upon
such conditions as to withdrawals of such moneys as may be
agreed upon between the state treasurer and any qualified
public depositary. [1993 c 512 § 32; 1984 c 177 § 20; 1983 c
66 § 19; 1965 c 8 § 43.85.230. Prior: 1955 c 198 § 5.]
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
Severability—1983 c 66: See note following RCW 39.58.010.
(2004 Ed.)
Surplus Funds—Investment Program
Chapter 43.86A RCW
SURPLUS FUNDS—INVESTMENT PROGRAM
Chapter 43.86A
Sections
43.86A.010 Finding—Objectives.
43.86A.020 Surplus funds held as demand deposits to be limited.
43.86A.030 Time certificate of deposit investment program—Funds available for—Allocation.
43.86A.040 Other investment powers of state treasurer not limited.
43.86A.050 Implementation of chapter by state treasurer.
43.86A.060 Linked deposit program—Minority and women's business
enterprises.
43.86A.070 Linked deposit program—Liability.
Public funds, deposit and investment, public depositaries: Chapter 39.58
RCW.
43.86A.060
as determined by this section will impair the cash flow needs
of the state treasury, the state treasurer may adjust the amount
of the allocation accordingly. [1993 c 512 § 33; 1982 c 74 §
1; 1973 c 123 § 3.]
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.86A.040
43.86A.040 Other investment powers of state treasurer not limited. Except as provided in RCW 43.86A.020
and 43.86A.030, nothing in this chapter shall be construed as
a limitation upon the powers of the state treasurer to determine the amount of surplus treasury funds which may be
invested in time certificates of deposit. [1973 c 123 § 4.]
43.86A.010
43.86A.010 Finding—Objectives. The legislature
finds that a procedure should be established for the management of short term treasury surplus funds by the state treasurer in order to insure a maximum return while they are on
deposit in public depositaries. The objectives of this procedure are to minimize noninterest earning demand deposits
and provide fair compensation to financial institutions for
services rendered to the state through the investment of state
funds in time deposits. [1983 c 66 § 20; 1973 c 123 § 1.]
Severability—1983 c 66: See note following RCW 39.58.010.
43.86A.050
43.86A.050 Implementation of chapter by state treasurer. The state treasurer shall devise the necessary formulae and methodology to implement the provisions of this
chapter. Periodically, but at least once every six months, the
state treasurer shall review all rules and shall adopt, amend or
repeal them as may be necessary. These rules and a list of
time certificate of deposit allocations shall be published in
the treasurer's monthly financial report as required under the
provisions of RCW 43.08.150. [1973 c 123 § 5.]
43.86A.060
43.86A.020
43.86A.020 Surplus funds held as demand deposits to
be limited. After March 19, 1973, the state treasurer shall
limit surplus funds held as demand deposits to an amount
necessary for current operating expenses including direct
warrant redemption payments, investments and revenue collection. The state treasurer may hold such additional funds as
demand deposits as he deems necessary to insure efficient
treasury management. [1973 c 123 § 2.]
43.86A.030
43.86A.030 Time certificate of deposit investment
program—Funds available for—Allocation. (1) Funds
held in public depositaries not as demand deposits as provided in RCW 43.86A.020 and 43.86A.030, shall be available for a time certificate of deposit investment program
according to the following formula: The state treasurer shall
apportion to all participating depositaries an amount equal to
five percent of the three year average mean of general state
revenues as certified in accordance with Article VIII, section
1(b) of the state Constitution, or fifty percent of the total surplus treasury investment availability, whichever is less.
Within thirty days after certification, those funds determined
to be available according to this formula for the time certificate of deposit investment program shall be deposited in
qualified public depositaries. These deposits shall be allocated among the participating depositaries on a basis to be
determined by the state treasurer.
(2) The state treasurer may use up to fifty million dollars
per year of all funds available under this section for the purposes of RCW 43.86A.060. The amounts made available to
these public depositaries shall be equal to the amounts of outstanding loans made under RCW 43.86A.060.
(3) The formula so devised shall be a matter of public
record giving consideration to, but not limited to deposits,
assets, loans, capital structure, investments or some combination of these factors. However, if in the judgment of the state
treasurer the amount of allocation for certificates of deposit
(2004 Ed.)
43.86A.060 Linked deposit program—Minority and
women's business enterprises. (1) The state treasurer shall
establish a linked deposit program for investment of deposits
in qualified public depositaries. As a condition of participating in the program, qualified public depositaries must make
qualifying loans as provided in this section. The state treasurer may purchase a certificate of deposit that is equal to the
amount of the qualifying loan made by the qualified public
depositary or may purchase a certificate of deposit that is
equal to the aggregate amount of two or more qualifying
loans made by one or more qualified public depositaries.
(2) Qualifying loans made under this section are those:
(a) Having terms that do not exceed ten years;
(b) That are made to a minority or women's business
enterprise that has received state certification under chapter
39.19 RCW;
(c) Where the interest rate on the loan to the minority or
women's business enterprise does not exceed an interest rate
that is two hundred basis points below the interest rate the
qualified public depositary would charge for a loan for a similar purpose and a similar term; and
(d) Where the points or fees charged at loan closing do
not exceed one percent of the loan amount.
(3) In setting interest rates of time certificate of deposits,
the state treasurer shall offer rates so that a two hundred basis
point preference will be given to the qualified public depositary.
(4) Upon notification by the state treasurer that a minority or women's business enterprise is no longer certified
under chapter 39.19 RCW, the qualified public depositary
shall reduce the amount of qualifying loans by the outstanding balance of the loan made under this section to the minority or women's business enterprise. [2002 c 305 § 1; 1993 c
512 § 30.]
Reviser's note—Sunset Act application: The linked deposit program
is subject to review, termination, and possible extension under chapter
43.131 RCW, the Sunset Act. See RCW 43.131.381. RCW 46.86A.060,
[Title 43 RCW—page 405]
43.86A.070
Title 43 RCW: State Government—Executive
43.63A.690, 43.86A.070, and 39.19.240 are scheduled for future repeal
under RCW 43.131.382.
43.88.110
Finding—Intent—1993 c 512: "The legislature finds that minority and
women's business enterprises have been historically excluded from access to
capital in the marketplace. The lack of capital has been a major barrier to the
development and expansion of business by various minority groups and
women. There has been a significant amount of attention on the capital needs
of minority and women's business enterprises. It is the intent of the legislature to remedy the problem of a lack of access to capital by minority and
women's business enterprises, and other small businesses by authorizing the
state treasurer to operate a program that links state deposits to business loans
by financial institutions to minority and women's business enterprises."
[1993 c 512 § 29.]
43.88.120
43.88.122
43.88.130
43.88.140
43.88.145
43.88.150
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.86A.070
43.86A.070 Linked deposit program—Liability. The
state and those acting as its agents are not liable in any manner for payment of the principal or interest on qualifying
loans made under RCW 43.86A.060. Any delay in payments
or defaults on the part of the borrower does not in any manner
affect the deposit agreement between the qualified public
depositary and the state treasurer. [1993 c 512 § 34.]
Sunset Act application: See note following RCW 43.86A.060.
Finding—Intent—1993 c 512: See note following RCW 43.86A.060.
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.88.160
43.88.170
43.88.175
43.88.180
43.88.190
43.88.195
43.88.200
43.88.205
43.88.210
43.88.220
43.88.230
43.88.240
43.88.250
43.88.260
43.88.265
43.88.270
43.88.280
43.88.290
Chapter 43.88 RCW
STATE BUDGETING, ACCOUNTING, AND
REPORTING SYSTEM
Chapter 43.88
(Formerly: Budget and accounting)
43.88.0301
43.88.031
43.88.032
43.88.033
43.88.035
43.88.037
43.88.050
43.88.060
43.88.067
43.88.070
43.88.080
43.88.090
43.88.093
43.88.094
43.88.100
43.88.310
43.88.320
43.88.350
Sections
43.88.010
43.88.020
43.88.025
43.88.027
43.88.030
43.88.300
Purpose—Intent.
Definitions.
"Director" defined.
Annual financial report.
Instructions for submitting budget requests—Content of the
budget document or documents—Separate budget document
or schedules—Format changes.
Capital budget instructions—Additional information—Staff
support from department of community, trade, and economic
development.
Capital appropriation bill—Estimated general fund debt service costs.
Maintenance costs, operating budget—Debt-financed passthrough money, budget document.
State expenditure limit—Budget document to reflect.
Changes in accounting methods, practices or statutes—Explanation in budget document or appendix required—Contents.
Comprehensive budgeting, accounting, and reporting system
conforming to generally accepted accounting principles—
Budget document to conform.
Cash deficit.
Legislative review of budget document and budget bill or
bills—Time for submission.
Fee and expense report—Impact of amounts awarded to prevailing party in agency action.
Appropriations.
Adoption of budget.
Development of budget—Detailed estimates—Mission statement, measurable goals, program objectives—Integration of
strategic plans and performance assessment procedures—
Governor-elect input.
Development of budget—Tourism development division,
department of community, trade, and economic development.
Development of budget—Calculation—Tourism development
division, department of community, trade, and economic
development.
Executive hearings.
[Title 43 RCW—page 406]
43.88.500
43.88.505
43.88.510
43.88.515
43.88.550
43.88.560
43.88.570
43.88.899
43.88.901
43.88.902
43.88.903
43.88.910
Expenditure programs—Maintenance summary reports—
Allotments—Reserves—Monitor capital appropriations—
Predesign review for major capital construction.
Revenue estimates.
Transportation agency revenue forecasts—Variances.
When contracts and expenditures prohibited.
Lapsing of appropriations.
Capital projects—Transfer of excess appropriation authority.
Priority of expenditures—Appropriated and nonappropriated
funds—Matching funds, disburse state moneys proportionally.
Fiscal management—Powers and duties of officers and agencies.
Refunds of erroneous or excessive payments.
Credit reporting agencies—State agency use.
When appropriations required or not required.
Revolving funds.
Establishment of accounts or funds outside treasury without
permission of director of financial management prohibited.
Public records.
Federal funds and programs—Participating agencies to give
notice—Progress reports.
Transfer of certain powers and duties.
Federal law controls in case of conflict—Rules.
Legislative agencies and committees deemed part of legislative branch.
Exemption of Washington state commodity commissions.
Emergency expenditures.
Deficiencies prohibited—Exceptions.
Construction accounts—Exception to certain accounting
requirements.
Penalty for violations.
Fiscal responsibilities of state officers and employees—"State
officer or employee" defined.
Fiscal responsibilities of state officers and employees—Prohibitions relative to appropriations and expenditures.
Fiscal responsibilities of state officers and employees—Violations—Civil penalties—Forfeiture.
Fiscal responsibilities of state officers and employees—Duties
of legislative auditor, attorney general.
Fiscal responsibilities of state officers and employees—Civil
penalties additional to other penalties.
Legal services revolving fund—General administration services account—Approval of certain changes required.
State boards, commissions, councils, and committees—Legislative finding and declaration.
State boards, commissions, councils, and committees—Compilation of list, information.
State boards, commissions, councils, and committees—Submission of list and data to legislature.
State boards, commissions, councils, and committees—Agencies to submit lists, information.
Forest fire fighting expenses—Transfers to Clarke-McNary
fund.
Information technology projects—Funding policies and standards.
Social services provided by nongovernment entities receiving
state moneys—Report by agencies—Audits.
Intent—Periodic review.
Severability—1973 1st ex.s. c 100.
Severability—1975 1st ex.s. c 293.
Severability—1977 c 23.
Effective date—1975 1st ex.s. c 293.
Agreements and transactions between state agencies, charges, credits,
transfers, and advances: RCW 39.34.130 through 39.34.170.
Debts owed state: RCW 43.17.240.
Director of financial management: Chapter 43.41 RCW.
Displaced homemaker act, contributions for as subject to chapter: RCW
28B.04.110.
Expenditure limit under Initiative 601: Chapter 43.135 RCW.
Funds subject to council for the prevention of child abuse and neglect: RCW
43.121.100.
Investments and interfund loans: Chapter 43.84 RCW.
Post-audit: RCW 43.09.290 through 43.09.330.
Reporting periods: RCW 43.01.035.
State board for community and technical colleges: RCW 28B.50.070.
State finance committee: Chapter 43.33 RCW.
(2004 Ed.)
State Budgeting, Accounting, and Reporting System
State payroll revolving account, agency payroll revolving fund: RCW
42.16.010 through 42.16.017.
43.88.010
43.88.010 Purpose—Intent. It is the purpose of this
chapter to establish an effective state budgeting, accounting,
and reporting system for all activities of the state government, including both capital and operating expenditures; to
prescribe the powers and duties of the governor as these
relate to securing such fiscal controls as will promote effective budget administration; and to prescribe the responsibilities of agencies of the executive branch of the state government.
It is the intent of the legislature that the powers conferred
by this chapter, as amended, shall be exercised by the executive in cooperation with the legislature and its standing, special, and interim committees in its status as a separate and
coequal branch of state government. [1986 c 215 § 1; 1981 c
270 § 1; 1973 1st ex.s. c 100 § 1; 1965 c 8 § 43.88.010. Prior:
1959 c 328 § 1.]
Effective date—1981 c 270: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 270 § 18.]
Severability—1981 c 270: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 270 § 17.]
43.88.020
43.88.020 Definitions. (1) "Budget" means a proposed
plan of expenditures for a given period or purpose and the
proposed means for financing these expenditures.
(2) "Budget document" means a formal statement, either
written or provided on any electronic media or both, offered
by the governor to the legislature, as provided in RCW
43.88.030.
(3) "Director of financial management" means the official appointed by the governor to serve at the governor's pleasure and to whom the governor may delegate necessary
authority to carry out the governor's duties as provided in this
chapter. The director of financial management shall be head
of the office of financial management which shall be in the
office of the governor.
(4) "Agency" means and includes every state office,
officer, each institution, whether educational, correctional, or
other, and every department, division, board, and commission, except as otherwise provided in this chapter.
(5) "Public funds", for purposes of this chapter, means
all moneys, including cash, checks, bills, notes, drafts, stocks,
and bonds, whether held in trust, for operating purposes, or
for capital purposes, and collected or disbursed under law,
whether or not such funds are otherwise subject to legislative
appropriation, including funds maintained outside the state
treasury.
(6) "Regulations" means the policies, standards, and
requirements, stated in writing, designed to carry out the purposes of this chapter, as issued by the governor or the governor's designated agent, and which shall have the force and
effect of law.
(7) "Ensuing biennium" means the fiscal biennium
beginning on July 1st of the same year in which a regular session of the legislature is held during an odd-numbered year
(2004 Ed.)
43.88.020
pursuant to Article II, section 12 of the Constitution and
which biennium next succeeds the current biennium.
(8) "Dedicated fund" means a fund in the state treasury,
or a separate account or fund in the general fund in the state
treasury, that by law is dedicated, appropriated, or set aside
for a limited object or purpose; but "dedicated fund" does not
include a revolving fund or a trust fund.
(9) "Revolving fund" means a fund in the state treasury,
established by law, from which is paid the cost of goods or
services furnished to or by a state agency, and which is
replenished through charges made for such goods or services
or through transfers from other accounts or funds.
(10) "Trust fund" means a fund in the state treasury in
which designated persons or classes of persons have a vested
beneficial interest or equitable ownership, or which was created or established by a gift, grant, contribution, devise, or
bequest that limits the use of the fund to designated objects or
purposes.
(11) "Administrative expenses" means expenditures for:
(a) Salaries, wages, and related costs of personnel and (b)
operations and maintenance including but not limited to costs
of supplies, materials, services, and equipment.
(12) "Fiscal year" means the year beginning July 1st and
ending the following June 30th.
(13) "Lapse" means the termination of authority to
expend an appropriation.
(14) "Legislative fiscal committees" means the joint legislative audit and review committee, the legislative evaluation and accountability program committee, the ways and
means and transportation committees of the senate and house
of representatives, and, where appropriate, the legislative
transportation committee.
(15) "Fiscal period" means the period for which an
appropriation is made as specified within the act making the
appropriation.
(16) "Primary budget driver" means the primary determinant of a budget level, other than a price variable, which
causes or is associated with the major expenditure of an
agency or budget unit within an agency, such as a caseload,
enrollment, workload, or population statistic.
(17) "State tax revenue limit" means the limitation created by chapter 43.135 RCW.
(18) "General state revenues" means the revenues
defined by Article VIII, section 1(c) of the state Constitution.
(19) "Annual growth rate in real personal income" means
the estimated percentage growth in personal income for the
state during the current fiscal year, expressed in constant
value dollars, as published by the office of financial management or its successor agency.
(20) "Estimated revenues" means estimates of revenue in
the most recent official economic and revenue forecast prepared under RCW 82.33.020, and prepared by the office of
financial management for those funds, accounts, and sources
for which the office of the economic and revenue forecast
council does not prepare an official forecast including estimates of revenues to support financial plans under RCW
44.40.070, that are prepared by the office of financial management in consultation with the transportation revenue forecast council.
(21) "Estimated receipts" means the estimated receipt of
cash in the most recent official economic and revenue fore[Title 43 RCW—page 407]
43.88.025
Title 43 RCW: State Government—Executive
cast prepared under RCW 82.33.020, and prepared by the
office of financial management for those funds, accounts, and
sources for which the office of the economic and revenue
forecast council does not prepare an official forecast.
(22) "State budgeting, accounting, and reporting system"
means a system that gathers, maintains, and communicates
fiscal information. The system links fiscal information beginning with development of agency budget requests through
adoption of legislative appropriations to tracking actual
receipts and expenditures against approved plans.
(23) "Allotment of appropriation" means the agency's
statement of proposed expenditures, the director of financial
management's review of that statement, and the placement of
the approved statement into the state budgeting, accounting,
and reporting system.
(24) "Statement of proposed expenditures" means a plan
prepared by each agency that breaks each appropriation out
into monthly detail representing the best estimate of how the
appropriation will be expended.
(25) "Undesignated fund balance (or deficit)" means
unreserved and undesignated current assets or other resources
available for expenditure over and above any current liabilities which are expected to be incurred by the close of the fiscal period.
(26) "Internal audit" means an independent appraisal
activity within an agency for the review of operations as a
service to management, including a systematic examination
of accounting and fiscal controls to assure that human and
material resources are guarded against waste, loss, or misuse;
and that reliable data are gathered, maintained, and fairly disclosed in a written report of the audit findings.
(27) "Performance verification" means an analysis that
(a) verifies the accuracy of data used by state agencies in
quantifying intended results and measuring performance
toward those results, and (b) verifies whether or not the
reported results were achieved.
(28) "Performance audit" has the same meaning as it is
defined in RCW 44.28.005. [2000 2nd sp.s. c 4 § 11; 1996 c
288 § 23; 1995 c 155 § 1; 1994 c 184 § 9; 1993 c 406 § 2;
1991 c 358 § 6; 1990 c 229 § 4; 1987 c 502 § 1; 1986 c 215 §
2; 1984 c 138 § 6; 1982 1st ex.s. c 36 § 1. Prior: 1981 c 280
§ 6; 1981 c 270 § 2; 1980 c 87 § 25; 1979 c 151 § 135;
1975-'76 2nd ex.s. c 83 § 4; 1973 1st ex.s. c 100 § 2; 1969
ex.s. c 239 § 9; 1965 c 8 § 43.88.020; prior: 1959 c 328 § 2.]
Short title—1993 c 406: "This act may be known and cited as the performance-based government act of 1993." [1993 c 406 § 7.]
Effective date—1991 c 358: See note following RCW 43.88.030.
Effective date—1990 c 229: See note following RCW 41.06.087.
Effective date—1981 c 280: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 280 § 10.]
Severability—1981 c 280: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 280 § 9.]
Effective date—Severability—1981 c 270: See notes following RCW
43.88.010.
Office of financial management: Chapter 43.41 RCW.
43.88.025
43.88.025 "Director" defined. Unless the context
clearly requires a different interpretation, whenever "direc[Title 43 RCW—page 408]
tor" is used in this chapter, it shall mean the director of financial management created in RCW 43.41.060. [1979 c 151 §
136; 1969 ex.s. c 239 § 10.]
43.88.027
43.88.027 Annual financial report. The governor,
through the director, shall prepare and publish within six
months of the end of the fiscal year, as a matter of public
record, an annual financial report that encompasses all funds
and account groups of the state. [1984 c 247 § 2.]
43.88.030
43.88.030 Instructions for submitting budget
requests—Content of the budget document or documents—Separate budget document or schedules—Format changes. (1) The director of financial management shall
provide all agencies with a complete set of instructions for
submitting biennial budget requests to the director at least
three months before agency budget documents are due into
the office of financial management. The director shall provide agencies and committees that are required under RCW
44.40.070 to develop comprehensive six-year program and
financial plans with a complete set of instructions for submitting these program and financial plans at the same time that
instructions for submitting other budget requests are provided. The budget document or documents shall consist of
the governor's budget message which shall be explanatory of
the budget and shall contain an outline of the proposed financial policies of the state for the ensuing fiscal period, as well
as an outline of the proposed six-year financial policies
where applicable, and shall describe in connection therewith
the important features of the budget. The message shall set
forth the reasons for salient changes from the previous fiscal
period in expenditure and revenue items and shall explain
any major changes in financial policy. Attached to the budget message shall be such supporting schedules, exhibits and
other explanatory material in respect to both current operations and capital improvements as the governor shall deem to
be useful to the legislature. The budget document or documents shall set forth a proposal for expenditures in the ensuing fiscal period, or six-year period where applicable, based
upon the estimated revenues and caseloads as approved by
the economic and revenue forecast council and caseload forecast council or upon the estimated revenues and caseloads of
the office of financial management for those funds, accounts,
sources, and programs for which the forecast councils do not
prepare an official forecast, including those revenues anticipated to support the six-year programs and financial plans
under RCW 44.40.070. In estimating revenues to support
financial plans under RCW 44.40.070, the office of financial
management shall rely on information and advice from the
transportation revenue forecast council. Revenues shall be
estimated for such fiscal period from the source and at the
rates existing by law at the time of submission of the budget
document, including the supplemental budgets submitted in
the even-numbered years of a biennium. However, the estimated revenues and caseloads for use in the governor's budget document may be adjusted to reflect budgetary revenue
transfers and revenue and caseload estimates dependent upon
budgetary assumptions of enrollments, workloads, and caseloads. All adjustments to the approved estimated revenues
and caseloads must be set forth in the budget document. The
(2004 Ed.)
State Budgeting, Accounting, and Reporting System
governor may additionally submit, as an appendix to each
supplemental, biennial, or six-year agency budget or to the
budget document or documents, a proposal for expenditures
in the ensuing fiscal period from revenue sources derived
from proposed changes in existing statutes.
Supplemental and biennial documents shall reflect a sixyear expenditure plan consistent with estimated revenues
from existing sources and at existing rates for those agencies
required to submit six-year program and financial plans
under RCW 44.40.070. Any additional revenue resulting
from proposed changes to existing statutes shall be separately
identified within the document as well as related expenditures for the six-year period.
The budget document or documents shall also contain:
(a) Revenues classified by fund and source for the immediately past fiscal period, those received or anticipated for the
current fiscal period, those anticipated for the ensuing biennium, and those anticipated for the ensuing six-year period to
support the six-year programs and financial plans required
under RCW 44.40.070;
(b) The undesignated fund balance or deficit, by fund;
(c) Such additional information dealing with expenditures, revenues, workload, performance, and personnel as the
legislature may direct by law or concurrent resolution;
(d) Such additional information dealing with revenues
and expenditures as the governor shall deem pertinent and
useful to the legislature;
(e) Tabulations showing expenditures classified by fund,
function, activity, and agency. However, documents submitted for the 2005-07 biennial budget request need not show
expenditures by activity;
(f) A delineation of each agency's activities, including
those activities funded from nonbudgeted, nonappropriated
sources, including funds maintained outside the state treasury;
(g) Identification of all proposed direct expenditures to
implement the Puget Sound water quality plan under chapter
90.71 RCW, shown by agency and in total; and
(h) Tabulations showing each postretirement adjustment
by retirement system established after fiscal year 1991, to
include, but not be limited to, estimated total payments made
to the end of the previous biennial period, estimated payments for the present biennium, and estimated payments for
the ensuing biennium.
(2) The budget document or documents shall include
detailed estimates of all anticipated revenues applicable to
proposed operating or capital expenditures and shall also
include all proposed operating or capital expenditures. The
total of beginning undesignated fund balance and estimated
revenues less working capital and other reserves shall equal
or exceed the total of proposed applicable expenditures. The
budget document or documents shall further include:
(a) Interest, amortization and redemption charges on the
state debt;
(b) Payments of all reliefs, judgments, and claims;
(c) Other statutory expenditures;
(d) Expenditures incident to the operation for each
agency;
(e) Revenues derived from agency operations;
(f) Expenditures and revenues shall be given in comparative form showing those incurred or received for the imme(2004 Ed.)
43.88.030
diately past fiscal period and those anticipated for the current
biennium and next ensuing biennium, as well as those
required to support the six-year programs and financial plans
required under RCW 44.40.070;
(g) A showing and explanation of amounts of general
fund and other funds obligations for debt service and any
transfers of moneys that otherwise would have been available
for appropriation;
(h) Common school expenditures on a fiscal-year basis;
(i) A showing, by agency, of the value and purpose of
financing contracts for the lease/purchase or acquisition of
personal or real property for the current and ensuing fiscal
periods; and
(j) A showing and explanation of anticipated amounts of
general fund and other funds required to amortize the
unfunded actuarial accrued liability of the retirement system
specified under chapter 41.45 RCW, and the contributions to
meet such amortization, stated in total dollars and as a level
percentage of total compensation.
(3) A separate capital budget document or schedule shall
be submitted that will contain the following:
(a) A statement setting forth a long-range facilities plan
for the state that identifies and includes the highest priority
needs within affordable spending levels;
(b) A capital program consisting of proposed capital
projects for the next biennium and the two biennia succeeding the next biennium consistent with the long-range facilities plan. Insomuch as is practical, and recognizing emergent
needs, the capital program shall reflect the priorities, projects,
and spending levels proposed in previously submitted capital
budget documents in order to provide a reliable long-range
planning tool for the legislature and state agencies;
(c) A capital plan consisting of proposed capital spending for at least four biennia succeeding the next biennium;
(d) A strategic plan for reducing backlogs of maintenance and repair projects. The plan shall include a prioritized
list of specific facility deficiencies and capital projects to
address the deficiencies for each agency, cost estimates for
each project, a schedule for completing projects over a reasonable period of time, and identification of normal maintenance activities to reduce future backlogs;
(e) A statement of the reason or purpose for a project;
(f) Verification that a project is consistent with the provisions set forth in chapter 36.70A RCW;
(g) A statement about the proposed site, size, and estimated life of the project, if applicable;
(h) Estimated total project cost;
(i) For major projects valued over five million dollars,
estimated costs for the following project components:
Acquisition, consultant services, construction, equipment,
project management, and other costs included as part of the
project. Project component costs shall be displayed in a standard format defined by the office of financial management to
allow comparisons between projects;
(j) Estimated total project cost for each phase of the
project as defined by the office of financial management;
(k) Estimated ensuing biennium costs;
(l) Estimated costs beyond the ensuing biennium;
(m) Estimated construction start and completion dates;
(n) Source and type of funds proposed;
[Title 43 RCW—page 409]
43.88.0301
Title 43 RCW: State Government—Executive
(o) Estimated ongoing operating budget costs or savings
resulting from the project, including staffing and maintenance costs;
(p) For any capital appropriation requested for a state
agency for the acquisition of land or the capital improvement
of land in which the primary purpose of the acquisition or
improvement is recreation or wildlife habitat conservation,
the capital budget document, or an omnibus list of recreation
and habitat acquisitions provided with the governor's budget
document, shall identify the projected costs of operation and
maintenance for at least the two biennia succeeding the next
biennium. Omnibus lists of habitat and recreation land acquisitions shall include individual project cost estimates for
operation and maintenance as well as a total for all state
projects included in the list. The document shall identify the
source of funds from which the operation and maintenance
costs are proposed to be funded;
(q) Such other information bearing upon capital projects
as the governor deems to be useful;
(r) Standard terms, including a standard and uniform definition of normal maintenance, for all capital projects;
(s) Such other information as the legislature may direct
by law or concurrent resolution.
For purposes of this subsection (3), the term "capital
project" shall be defined subsequent to the analysis, findings,
and recommendations of a joint committee comprised of representatives from the house capital appropriations committee,
senate ways and means committee, legislative transportation
committee, legislative evaluation and accountability program
committee, and office of financial management.
(4) No change affecting the comparability of agency or
program information relating to expenditures, revenues,
workload, performance and personnel shall be made in the
format of any budget document or report presented to the legislature under this section or RCW 43.88.160(1) relative to
the format of the budget document or report which was presented to the previous regular session of the legislature during an odd-numbered year without prior legislative concurrence. Prior legislative concurrence shall consist of (a) a
favorable majority vote on the proposal by the standing committees on ways and means of both houses if the legislature is
in session or (b) a favorable majority vote on the proposal by
members of the legislative evaluation and accountability program committee if the legislature is not in session. [2004 c
276 § 908; 2002 c 371 § 911; 2000 2nd sp.s. c 4 § 12; 1998 c
346 § 910. Prior: 1997 c 168 § 5; 1997 c 96 § 4; prior: 1994
c 247 § 7; 1994 c 219 § 2; prior: 1991 c 358 § 1; 1991 c 284
§ 1; 1990 c 115 § 1; prior: 1989 c 311 § 3; 1989 c 11 § 18;
1987 c 502 § 2; prior: 1986 c 215 § 3; 1986 c 112 § 1; 1984
c 138 § 7; 1981 c 270 § 3; 1980 c 87 § 26; 1977 ex.s. c 247 §
1; 1973 1st ex.s. c 100 § 3; 1965 c 8 § 43.88.030; prior: 1959
c 328 § 3.]
Severability—Effective date—2004 c 276: See notes following RCW
43.330.167.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Construction—Severability—Effective date—1998 c 346: See notes
following RCW 50.24.014.
Effective date—1997 c 168: See RCW 43.88C.900.
Findings—Purpose—1997 c 96: See note following RCW 43.82.150.
Effective date—1994 c 247: See note following RCW 41.32.4991.
[Title 43 RCW—page 410]
Finding—1994 c 219: "The legislature finds that the acquisition, construction, and management of state-owned and leased facilities has a profound and long-range effect upon the delivery and cost of state programs,
and that there is an increasing need for better facility planning and management to improve the effectiveness and efficiency of state facilities." [1994 c
219 § 1.]
Effective date—1991 c 358: "This act shall take effect April 1, 1992."
[1991 c 358 § 8.]
Severability—1989 c 11: See note following RCW 9A.56.220.
43.88.0301
43.88.0301 Capital budget instructions—Additional
information—Staff support from department of community, trade, and economic development. (1) The office of
financial management must include in its capital budget
instructions, beginning with its instructions for the 2003-05
capital budget, a request for "yes" or "no" answers for the following additional informational questions from capital budget applicants for all proposed major capital construction
projects valued over five million dollars and required to complete a predesign:
(a) For proposed capital projects identified in this subsection that are located in or serving city or county planning
under RCW 36.70A.040:
(i) Whether the proposed capital project is identified in
the host city or county comprehensive plan, including the
capital facility plan, and implementing rules adopted under
chapter 36.70A RCW;
(ii) Whether the proposed capital project is located
within an adopted urban growth area:
(A) If at all located within an adopted urban growth area
boundary, whether a project facilitates, accommodates, or
attracts planned population and employment growth;
(B) If at all located outside an urban growth area boundary, whether the proposed capital project may create pressures for additional development;
(b) For proposed capital projects identified in this subsection that are requesting state funding:
(i) Whether there was regional coordination during
project development;
(ii) Whether local and additional funds were leveraged;
(iii) Whether environmental outcomes and the reduction
of adverse environmental impacts were examined.
(2) For projects subject to subsection (1) of this section,
the office of financial management shall request the required
information be provided during the predesign process of
major capital construction projects to reduce long-term costs
and increase process efficiency.
(3) The office of financial management, in fulfilling its
duties under RCW 43.88.030(3) to create a capital budget
document, must take into account information gathered under
subsections (1) and (2) of this section in an effort to promote
state capital facility expenditures that minimize unplanned or
uncoordinated infrastructure and development costs, support
economic and quality of life benefits for existing communities, and support local government planning efforts.
(4) The office of community development must provide
staff support to the office of financial management and
affected capital budget applicants to help collect data
required by subsections (1) and (2) of this section. [2002 c
312 § 1.]
(2004 Ed.)
State Budgeting, Accounting, and Reporting System
43.88.031
43.88.031 Capital appropriation bill—Estimated
general fund debt service costs. A capital appropriation bill
shall include the estimated general fund debt service costs
associated with new capital appropriations contained in that
bill for the biennia in which the appropriations occur and for
the succeeding two biennia. [1991 c 284 § 2.]
43.88.032
43.88.032 Maintenance costs, operating budget—
Debt-financed pass-through money, budget document.
(Expires June 30, 2005.) (1) Normal maintenance costs,
except for funds appropriated for facility preservation of state
institutions of higher education, shall be programmed in the
operating budget rather than in the capital budget.
(2) All debt-financed pass-through money to local governments shall be programmed and separately identified in
the budget document. [2003 1st sp.s. c 26 § 921; 1997 c 96 §
5; 1994 c 219 § 4; 1989 c 311 § 1.]
Expiration date—Severability—Effective dates—2003 1st sp.s. c 26:
See notes following RCW 43.135.045.
Findings—Purpose—1997 c 96: See note following RCW 43.82.150.
Finding—1994 c 219: See note following RCW 43.88.030.
43.88.032
43.88.032 Maintenance costs, operating budget—
Debt-financed pass-through money, budget document.
(Effective June 30, 2005.) (1) Normal maintenance costs
shall be programmed in the operating budget rather than in
the capital budget.
(2) All debt-financed pass-through money to local governments shall be programmed and separately identified in
the budget document. [1997 c 96 § 5; 1994 c 219 § 4; 1989 c
311 § 1.]
Findings—Purpose—1997 c 96: See note following RCW 43.82.150.
Finding—1994 c 219: See note following RCW 43.88.030.
43.88.033
43.88.033 State expenditure limit—Budget document to reflect. The budget document submitted by the governor to the legislature under RCW 43.88.030 shall reflect the
state expenditure limit established under chapter 43.135
RCW and shall not propose expenditures in excess of that
limit. [1994 c 2 § 7 (Initiative Measure No. 601, approved
November 2, 1993).]
43.88.060
changes the governor may wish to recommend. [1973 1st
ex.s. c 100 § 9.]
43.88.037
43.88.037 Comprehensive budgeting, accounting,
and reporting system conforming to generally accepted
accounting principles—Budget document to conform. (1)
The director of financial management shall devise and maintain a comprehensive budgeting, accounting, and reporting
system in conformance with generally accepted accounting
principles applicable to state governments, as published in
the accounting procedures manual pursuant to RCW
43.88.160(1).
(2) The director of financial management shall submit a
budget document in conformance with generally accepted
accounting principles applicable to state governments, as
published in the accounting procedures manual pursuant to
RCW 43.88.160(1). [1987 c 502 § 3; 1984 c 247 § 1.]
43.88.050
43.88.050 Cash deficit. Cash deficit of the current fiscal period is defined for purposes of this chapter as the
amount by which the aggregate of disbursements charged to
a fund will exceed the aggregate of estimated receipts credited to such fund in the current fiscal period, less the extent to
which such deficit may have been provided for from available beginning cash surplus.
If, for any applicable fund or account, the estimated
receipts for the next ensuing period plus cash beginning balances is less than the aggregate of estimated disbursements
proposed by the governor for the next ensuing fiscal period,
the governor shall include in Part I of the budget document
proposals as to the manner in which the anticipated cash deficit shall be met, whether by an increase in the indebtedness
of the state, by the imposition of new taxes, by increases in
tax rates or an extension thereof, or in any like manner. The
governor may propose orderly liquidation of the anticipated
cash deficit over a period of one or more fiscal periods, if, in
the governor's discretion, such manner of liquidation would
best serve the public interest. [1987 c 502 § 4; 1965 c 8 §
43.88.050. Prior: 1959 c 328 § 5.]
Exception: RCW 43.88.265.
43.88.060
Severability—Effective dates—1994 c 2 (Initiative Measure No.
601): See RCW 43.135.903 and 43.135.904.
43.88.035
43.88.035 Changes in accounting methods, practices
or statutes—Explanation in budget document or appendix required—Contents. Any changes in accounting methods and practices or in statutes affecting expenditures or revenues for the ensuing biennium relative to the then current
fiscal period which the governor may wish to recommend
shall be clearly and completely explained in the text of the
budget document, in a special appendix thereto, or in an alternative budget document. This explanatory material shall
include, but need not be limited to, estimates of revenues and
expenditures based on the same accounting practices and
methods and existing statutes relating to revenues and expenditure effective for the then current fiscal period, together
with alternative estimates required by any changes in
accounting methods and practices and by any statutory
(2004 Ed.)
43.88.060 Legislative review of budget document and
budget bill or bills—Time for submission. The governor
shall submit the budget document for the 1975-77 biennium
and each succeeding biennium to the legislature no later than
the twentieth day of December in the year preceding the session during which the budget is to be considered: PROVIDED, That where a budget document is submitted for a fiscal period other than a biennium, such document shall be submitted no less than twenty days prior to the first day of the
session at which such budget document is to be considered.
The governor shall also submit a budget bill or bills which for
purposes of this chapter is defined to mean the appropriations
proposed by the governor as set forth in the budget document.
Such representatives of agencies as have been designated by
the governor for this purpose shall, when requested, by either
house of the legislature, appear to be heard with respect to the
budget document and the budget bill or bills and to supply
such additional information as may be required. [1977 ex.s.
[Title 43 RCW—page 411]
43.88.067
Title 43 RCW: State Government—Executive
c 247 § 2; 1973 1st ex.s. c 100 § 4; 1965 c 8 § 43.88.060.
Prior: 1959 c 328 § 6.]
43.88.067
43.88.067 Fee and expense report—Impact of
amounts awarded to prevailing party in agency action.
The office of financial management shall create a report
annually on the amount of fees and other expenses awarded
during the preceding fiscal year pursuant to RCW 4.84.340
through 4.84.360. The report shall describe the number,
nature, and amount of the awards, the claims involved in the
controversy, and other relevant information that may aid the
legislature in evaluating the scope and impact of the awards.
[1999 c 372 § 10; 1995 c 403 § 905.]
Findings—1995 c 403: See note following RCW 4.84.340.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.88.070
43.88.070 Appropriations. Appropriations shall be
deemed maximum authorizations to incur expenditures but
the governor shall exercise all due supervision and control to
ensure that expenditure rates are such that program objectives
are realized within these maximums. [1965 c 8 § 43.88.070.
Prior: 1959 c 328 § 7.]
43.88.080
43.88.080 Adoption of budget. Adoption of the omnibus appropriation bill or bills by the legislature shall constitute adoption of the budget and the making of appropriations
therefor. A budget for state government shall be finally
adopted not later than thirty calendar days prior to the beginning of the ensuing biennium. [1973 1st ex.s. c 100 § 5; 1965
c 8 § 43.88.080. Prior: 1959 c 328 § 8.]
43.88.090
43.88.090 Development of budget—Detailed estimates—Mission statement, measurable goals, program
objectives—Integration of strategic plans and performance assessment procedures—Governor-elect input.
(1) For purposes of developing budget proposals to the legislature, the governor shall have the power, and it shall be the
governor's duty, to require from proper agency officials such
detailed estimates and other information in such form and at
such times as the governor shall direct. The estimates for the
legislature and the judiciary shall be transmitted to the governor and shall be included in the budget without revision. The
estimates for state pension contributions shall be based on the
rates provided in chapter 41.45 RCW. Copies of all such estimates shall be transmitted to the standing committees on
ways and means of the house and senate at the same time as
they are filed with the governor and the office of financial
management.
The estimates shall include statements or tables which
indicate, by agency, the state funds which are required for the
receipt of federal matching revenues. The estimates shall be
revised as necessary to reflect legislative enactments and
adopted appropriations and shall be included with the initial
biennial allotment submitted under RCW 43.88.110. The
estimates must reflect that the agency considered any alternatives to reduce costs or improve service delivery identified in
the findings of a performance audit of the agency by the joint
[Title 43 RCW—page 412]
legislative audit and review committee. Nothing in this subsection requires performance audit findings to be published
as part of the budget.
(2) Each state agency shall define its mission and establish measurable goals for achieving desirable results for those
who receive its services and the taxpayers who pay for those
services. Each agency shall also develop clear strategies and
timelines to achieve its goals. This section does not require an
agency to develop a new mission or goals in place of identifiable missions or goals that meet the intent of this section. The
mission and goals of each agency must conform to statutory
direction and limitations.
(3) For the purpose of assessing program performance,
each state agency shall establish program objectives for each
major program in its budget. The objectives must be consistent with the missions and goals developed under this section.
The objectives must be expressed to the extent practicable in
outcome-based, objective, and measurable form unless an
exception to adopt a different standard is granted by the
office of financial management and approved by the legislative committee on performance review. The office of financial management shall provide necessary professional and
technical assistance to assist state agencies in the development of strategic plans that include the mission of the agency
and its programs, measurable goals, strategies, and performance measurement systems.
(4) Each state agency shall adopt procedures for continuous self-assessment of each program and activity, using the
mission, goals, objectives, and measurements required under
subsections (2) and (3) of this section.
(5) It is the policy of the legislature that each agency's
budget proposals must be directly linked to the agency's
stated mission and program goals and objectives. Consistent
with this policy, agency budget proposals must include integration of performance measures that allow objective determination of a program's success in achieving its goals. The
office of financial management shall develop a plan to merge
the budget development process with agency performance
assessment procedures. The plan must include a schedule to
integrate agency strategic plans and performance measures
into agency budget requests and the governor's budget proposal over three fiscal biennia. The plan must identify those
agencies that will implement the revised budget process in
the 1997-1999 biennium, the 1999-2001 biennium, and the
2001-2003 biennium. In consultation with the legislative fiscal committees, the office of financial management shall recommend statutory and procedural modifications to the state's
budget, accounting, and reporting systems to facilitate the
performance assessment procedures and the merger of those
procedures with the state budget process. The plan and recommended statutory and procedural modifications must be
submitted to the legislative fiscal committees by September
30, 1996.
(6) In the year of the gubernatorial election, the governor
shall invite the governor-elect or the governor-elect's designee to attend all hearings provided in RCW 43.88.100; and
the governor shall furnish the governor-elect or the governorelect's designee with such information as will enable the governor-elect or the governor-elect's designee to gain an understanding of the state's budget requirements. The governorelect or the governor-elect's designee may ask such questions
(2004 Ed.)
State Budgeting, Accounting, and Reporting System
during the hearings and require such information as the governor-elect or the governor-elect's designee deems necessary
and may make recommendations in connection with any item
of the budget which, with the governor-elect's reasons therefor, shall be presented to the legislature in writing with the
budget document. Copies of all such estimates and other
required information shall also be submitted to the standing
committees on ways and means of the house and senate.
[1997 c 372 § 1; 1996 c 317 § 10; 1994 c 184 § 10; 1993 c 406
§ 3; 1989 c 273 § 26; 1987 c 505 § 35; 1984 c 247 § 3; 1981
c 270 § 4; 1979 c 151 § 137; 1975 1st ex.s. c 293 § 5; 1973
1st ex.s. c 100 § 6; 1965 c 8 § 43.88.090. Prior: 1959 c 328 §
9.]
Short title—1993 c 406: See note following RCW 43.88.020.
Severability—1989 c 273: See RCW 41.45.900.
Effective date—Severability—1981 c 270: See notes following RCW
43.88.010.
43.88.093
43.88.093 Development of budget—Tourism development division, department of community, trade, and
economic development. (Expires June 30, 2008.) (1) When
developing a biennial budget for the tourism development
division of the department of community, trade, and economic development, the request for funding submitted to the
office of financial management shall be calculated according
to the formula in RCW 43.88.094. The request shall be a specific designated amount in the budget request for the department of community, trade, and economic development.
(2) This section expires June 30, 2008. [1998 c 299 § 3.]
Intent—1998 c 299: "It is the intent of this act to provide for predictable and stable funding for tourism development activities of the state of
Washington by establishing funding levels based on proven performance and
return on state funds invested in tourism development and to establish a tourism development advisory committee." [1998 c 299 § 1.]
Effective date—1998 c 299: "This act takes effect July 1, 1998." [1998
c 299 § 6.]
43.88.110
revenue amounts; (iv) if the percentage exceeds eight percent
growth, calculate the amount of sales tax revenue that represents the excess in revenue growth greater than six percent;
and (v) calculate the growth component by dividing the
excess revenue growth by two. The amount of the growth
component for any biennium shall not exceed two million
dollars per fiscal year for the biennium.
(3) As used in this section:
(a) "Target business categories" means businesses in
standard industrial classification codes 58 (eating and drinking), 70 (lodging), 7514 (auto rental), and 79 (recreation). If
at any time the United States office of management and budget or a successor agency should change or replace the
present standard industrial classification code system, the
department of community, trade, and economic development
shall use the code system issued by the office of management
and budget or its successor agency to determine codes corresponding to those listed in this definition.
(b) "Retail sales" means the gross sales subject to the tax
imposed in chapter 82.08 RCW received by businesses identified in department of revenue records by standard industrial
classification codes 58, 70, 7514, and 79.
(4) This section expires June 30, 2008. [1998 c 299 § 4.]
Intent—Effective date—1998 c 299: See notes following RCW
43.88.093.
43.88.100
43.88.100 Executive hearings. The governor may provide for hearings on all agency requests for expenditures to
enable him to make determinations as to the need, value or
usefulness of activities or programs requested by agencies.
The governor may require the attendance of proper agency
officials at his hearings and it shall be their duty to disclose
such information as may be required to enable the governor
to arrive at his final determination. [1965 c 8 § 43.88.100.
Prior: 1959 c 328 § 10.]
43.88.110
43.88.094
43.88.094 Development of budget—Calculation—
Tourism development division, department of community, trade, and economic development. (Expires June 30,
2008.) (1) The budget amount designated in RCW
43.88.093(1) is the sum of the base amount and the growth
component as calculated under subsection (2) of this section.
(2) The director of the department of community, trade,
and economic development shall calculate the tourism development division budget in consultation with the appropriate
agencies in the following manner:
(a) The base amount, beginning in the budget for the
biennium ending June 30, 2001, and for each subsequent
biennium thereafter, equals the previous biennial budget,
including any supplemental allocations and any growth component amounts from previous biennia.
(b) For the growth component, beginning in the budget
for the biennium ending June 30, 2001: (i) Compute the state
retail sales tax revenues for the target business categories for
the calendar year two years prior to the beginning of the biennium for which the budget request will be made; (ii) compute
the state retail sales tax revenues for the target business categories for the calendar year four years prior to the beginning
of the biennium for which the budget request will be made;
(iii) calculate the percentage change in these two sales tax
(2004 Ed.)
43.88.110 Expenditure programs—Maintenance
summary reports—Allotments—Reserves—Monitor
capital appropriations—Predesign review for major capital construction. This section sets forth the expenditure
programs and the allotment and reserve procedures to be followed by the executive branch for public funds.
(1) Allotments of an appropriation for any fiscal period
shall conform to the terms, limits, or conditions of the appropriation.
(2) The director of financial management shall provide
all agencies with a complete set of operating and capital
instructions for preparing a statement of proposed expenditures at least thirty days before the beginning of a fiscal
period. The set of instructions need not include specific
appropriation amounts for the agency.
(3) Within forty-five days after the beginning of the fiscal period or within forty-five days after the governor signs
the omnibus biennial appropriations act, whichever is later,
all agencies shall submit to the governor a statement of proposed expenditures at such times and in such form as may be
required by the governor.
(4) The office of financial management shall develop a
method for monitoring capital appropriations and expenditures that will capture at least the following elements:
[Title 43 RCW—page 413]
43.88.110
Title 43 RCW: State Government—Executive
(a) Appropriations made for capital projects including
transportation projects;
(b) Estimates of total project costs including past, current, ensuing, and future biennial costs;
(c) Comparisons of actual costs to estimated costs;
(d) Comparisons of estimated construction start and
completion dates with actual dates;
(e) Documentation of fund shifts between projects.
This data may be incorporated into the existing accounting system or into a separate project management system, as
deemed appropriate by the office of financial management.
(5) The office of financial management shall publish
agency annual maintenance summary reports beginning in
October 1997. State agencies shall submit a separate report
for each major campus or site, as defined by the office of
financial management. Reports shall be prepared in a format
prescribed by the office of financial management and shall
include, but not be limited to: Information describing the
number, size, and condition of state-owned facilities; facility
maintenance, repair, and operating expenses paid from the
state operating and capital budgets, including maintenance
staffing levels; the condition of major infrastructure systems;
and maintenance management initiatives undertaken by the
agency over the prior year. Agencies shall submit their
annual maintenance summary reports to the office of financial management by September 1 each year.
(6) The office of financial management, prior to approving allotments for major capital construction projects valued
over five million dollars, shall institute procedures for
reviewing such projects at the predesign stage that will
reduce long-term costs and increase facility efficiency. The
procedures shall include, but not be limited to, the following
elements:
(a) Evaluation of facility program requirements and consistency with long-range plans;
(b) Utilization of a system of cost, quality, and performance standards to compare major capital construction
projects; and
(c) A requirement to incorporate value-engineering analysis and constructability review into the project schedule.
(7) No expenditure may be incurred or obligation entered
into for such major capital construction projects including,
without exception, land acquisition, site development, predesign, design, construction, and equipment acquisition and
installation, until the allotment of the funds to be expended
has been approved by the office of financial management.
This limitation does not prohibit the continuation of expenditures and obligations into the succeeding biennium for
projects for which allotments have been approved in the
immediate prior biennium.
(8) If at any time during the fiscal period the governor
projects a cash deficit in a particular fund or account as
defined by RCW 43.88.050, the governor shall make acrossthe-board reductions in allotments for that particular fund or
account so as to prevent a cash deficit, unless the legislature
has directed the liquidation of the cash deficit over one or
more fiscal periods. Except for the legislative and judicial
branches and other agencies headed by elective officials, the
governor shall review the statement of proposed operating
expenditures for reasonableness and conformance with legislative intent. The governor may request corrections of pro[Title 43 RCW—page 414]
posed allotments submitted by the legislative and judicial
branches and agencies headed by elective officials if those
proposed allotments contain significant technical errors.
Once the governor approves the proposed allotments, further
revisions may at the request of the office of financial management or upon the agency's initiative be made on a quarterly
basis and must be accompanied by an explanation of the reasons for significant changes. However, changes in appropriation level authorized by the legislature, changes required by
across-the-board reductions mandated by the governor,
changes caused by executive increases to spending authority,
and changes caused by executive decreases to spending
authority for failure to comply with the provisions of chapter
36.70A RCW may require additional revisions. Revisions
shall not be made retroactively. However, the governor may
assign to a reserve status any portion of an agency appropriation withheld as part of across-the-board reductions made by
the governor and any portion of an agency appropriation conditioned on a contingent event by the appropriations act. The
governor may remove these amounts from reserve status if
the across-the-board reductions are subsequently modified or
if the contingent event occurs. The director of financial management shall enter approved statements of proposed expenditures into the state budgeting, accounting, and reporting
system within forty-five days after receipt of the proposed
statements from the agencies. If an agency or the director of
financial management is unable to meet these requirements,
the director of financial management shall provide a timely
explanation in writing to the legislative fiscal committees.
(9) It is expressly provided that all agencies shall be
required to maintain accounting records and to report thereon
in the manner prescribed in this chapter and under the regulations issued pursuant to this chapter. Within ninety days of
the end of the fiscal year, all agencies shall submit to the
director of financial management their final adjustments to
close their books for the fiscal year. Prior to submitting fiscal
data, written or oral, to committees of the legislature, it is the
responsibility of the agency submitting the data to reconcile it
with the budget and accounting data reported by the agency
to the director of financial management.
(10) The director of financial management may exempt
certain public funds from the allotment controls established
under this chapter if it is not practical or necessary to allot the
funds. Allotment control exemptions expire at the end of the
fiscal biennium for which they are granted. The director of
financial management shall report any exemptions granted
under this subsection to the legislative fiscal committees.
[2003 c 206 § 1; 1997 c 96 § 6; 1994 c 219 § 5. Prior: 1991
sp.s. c 32 § 27; 1991 c 358 § 2; 1987 c 502 § 5; 1986 c 215 §
4; 1984 c 138 § 8; 1983 1st ex.s. c 47 § 1; 1982 2nd ex.s. c 15
§ 1; 1981 c 270 § 5; 1979 c 151 § 138; 1975 1st ex.s. c 293 §
6; 1965 c 8 § 43.88.110; prior: 1959 c 328 § 11.]
Effective date—2003 c 206: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 206 § 2.]
Findings—Purpose—1997 c 96: See note following RCW 43.82.150.
Finding—1994 c 219: See note following RCW 43.88.030.
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Effective date—1991 c 358: See note following RCW 43.88.030.
(2004 Ed.)
State Budgeting, Accounting, and Reporting System
Severability—1982 2nd ex.s. c 15: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 2nd ex.s. c 15 § 5.]
Effective date—Severability—1981 c 270: See notes following RCW
43.88.010.
43.88.150
expended or lawfully obligated. [1981 c 270 § 9; 1965 c 8 §
43.88.140. Prior: 1959 c 328 § 14.]
Effective date—Severability—1981 c 270: See notes following RCW
43.88.010.
43.88.145
Exception: RCW 43.88.265.
43.88.120
43.88.120 Revenue estimates. Each agency engaged in
the collection of revenues shall prepare estimated revenues
and estimated receipts for the current and ensuing biennium
and shall submit the estimates to the director of financial
management and the director of revenue at times and in the
form specified by the directors, along with any other information which the directors may request. For those agencies
required to develop six-year programs and financial plans
under RCW 44.40.070, six-year revenue estimates shall be
submitted to the director of financial management and the
transportation committees of the senate and the house of representatives unless the responsibility for reporting these revenue estimates is assumed elsewhere.
A copy of such revenue estimates shall be simultaneously submitted to the economic and revenue forecast
work group when required by the office of the economic and
revenue forecast council. [2000 2nd sp.s. c 4 § 13; 1991 c
358 § 3; 1987 c 502 § 6; 1984 c 138 § 10; 1981 c 270 § 8;
1973 1st ex.s. c 100 § 7; 1965 c 8 § 43.88.120. Prior: 1959 c
328 § 12.]
Effective date—1991 c 358: See note following RCW 43.88.030.
Effective date—Severability—1981 c 270: See notes following RCW
43.88.010.
43.88.122
43.88.122 Transportation agency revenue forecasts—Variances. Where there are variances of revenue
forecasts between the office of financial management and the
transportation revenue forecast council, for those transportation agencies that are required to develop plans under RCW
44.40.070, the office of financial management shall submit
(1) a reconciliation of the differences between the revenue
forecasts and (2) the assumptions used by the office of financial management to the transportation committees of the senate and the house of representatives. [2000 2nd sp.s. c 4 § 14;
1991 c 358 § 7.]
Effective date—1991 c 358: See note following RCW 43.88.030.
43.88.130
43.88.130 When contracts and expenditures prohibited. No agency shall expend or contract to expend any
money or incur any liability in excess of the amounts appropriated for that purpose: PROVIDED, That nothing in this
section shall prevent the making of contracts or the spending
of money for capital improvements, nor the making of contracts of lease or for service for a period exceeding the fiscal
period in which such contract is made, when such contract is
permitted by law. Any contract made in violation of this section shall be null and void. [1965 c 8 § 43.88.130. Prior:
1959 c 328 § 13.]
43.88.140
43.88.140 Lapsing of appropriations. All appropriations shall lapse at the end of the fiscal period for which the
appropriations are made to the extent that they have not been
(2004 Ed.)
43.88.145 Capital projects—Transfer of excess
appropriation authority. (1) The capital appropriations act
may authorize the governor, through the director of financial
management, to transfer the appropriation authority for a capital project that is in excess of the amount required for the
completion of the project to another capital project for which
the appropriation is insufficient.
(a) No such transfer may be used to expand the capacity
or change the intended use of the project beyond that
intended by the legislature in making the appropriation.
(b) The transfer may be effected only between capital
projects within a specific department, commission, agency,
or institution of higher education.
(c) The transfer may be effected only if the project from
which the transfer of funds is made is substantially complete
and there are funds remaining, or bids have been let on the
project from which the transfer of funds is made and it
appears to a substantial certainty that the project can be completed within the biennium for less than the amount appropriated.
(2) For the purposes of this section, the legislature
intends that each project be defined as proposed to the legislature in the governor's budget document, unless the legislative history demonstrates that the legislature intended to
define the scope of a project in a different way.
(3) The office of financial management shall notify the
legislative fiscal committees of the senate and the house of
representatives at least thirty days before any transfer is
effected under this section except emergency projects or any
transfer under two hundred fifty thousand dollars, and shall
prepare a report to such committees listing all completed
transfers at the close of each fiscal year. [1994 c 219 § 6.]
Finding—1994 c 219: See note following RCW 43.88.030.
43.88.150
43.88.150 Priority of expenditures—Appropriated
and nonappropriated funds—Matching funds, disburse
state moneys proportionally. (1) For those agencies that
make expenditures from both appropriated and nonappropriated funds for the same purpose, the governor shall direct
such agencies to charge their expenditures in such ratio, as
between appropriated and nonappropriated funds, as will
conserve appropriated funds. This subsection does not apply
to institutions of higher education, as defined in RCW
28B.10.016.
(2) Unless otherwise provided by law, if state moneys
are appropriated for a capital project and matching funds or
other contributions are required as a condition of the receipt
of the state moneys, the state moneys shall be disbursed in
proportion to and only to the extent that the matching funds
or other contributions have been received and are available
for expenditure.
(3) The office of financial management shall adopt
guidelines for the implementation of this section. The guidelines may account for federal matching requirements or other
requirements to spend other moneys in a particular manner.
[Title 43 RCW—page 415]
43.88.160
Title 43 RCW: State Government—Executive
[1995 c 6 § 1; 1991 c 284 § 3; 1981 c 270 § 10; 1965 c 8 §
43.88.150. Prior: 1959 c 328 § 15.]
Effective date—1995 c 6: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 12, 1995]." [1995 c 6 § 2.]
Effective date—Severability—1981 c 270: See notes following RCW
43.88.010.
43.88.160
43.88.160 Fiscal management—Powers and duties of
officers and agencies. This section sets forth the major fiscal duties and responsibilities of officers and agencies of the
executive branch. The regulations issued by the governor
pursuant to this chapter shall provide for a comprehensive,
orderly basis for fiscal management and control, including
efficient accounting and reporting therefor, for the executive
branch of the state government and may include, in addition,
such requirements as will generally promote more efficient
public management in the state.
(1) Governor; director of financial management. The
governor, through the director of financial management, shall
devise and supervise a modern and complete accounting system for each agency to the end that all revenues, expenditures, receipts, disbursements, resources, and obligations of
the state shall be properly and systematically accounted for.
The accounting system shall include the development of
accurate, timely records and reports of all financial affairs of
the state. The system shall also provide for central accounts
in the office of financial management at the level of detail
deemed necessary by the director to perform central financial
management. The director of financial management shall
adopt and periodically update an accounting procedures manual. Any agency maintaining its own accounting and reporting system shall comply with the updated accounting procedures manual and the rules of the director adopted under this
chapter. An agency may receive a waiver from complying
with this requirement if the waiver is approved by the director. Waivers expire at the end of the fiscal biennium for
which they are granted. The director shall forward notice of
waivers granted to the appropriate legislative fiscal committees. The director of financial management may require such
financial, statistical, and other reports as the director deems
necessary from all agencies covering any period.
(2) Except as provided in chapter 43.88C RCW, the
director of financial management is responsible for quarterly
reporting of primary operating budget drivers such as applicable workloads, caseload estimates, and appropriate unit
cost data. These reports shall be transmitted to the legislative
fiscal committees or by electronic means to the legislative
evaluation and accountability program committee. Quarterly
reports shall include actual monthly data and the variance
between actual and estimated data to date. The reports shall
also include estimates of these items for the remainder of the
budget period.
(3) The director of financial management shall report at
least annually to the appropriate legislative committees
regarding the status of all appropriated capital projects,
including transportation projects, showing significant cost
overruns or underruns. If funds are shifted from one project
to another, the office of financial management shall also
reflect this in the annual variance report. Once a project is
[Title 43 RCW—page 416]
complete, the report shall provide a final summary showing
estimated start and completion dates of each project phase
compared to actual dates, estimated costs of each project
phase compared to actual costs, and whether or not there are
any outstanding liabilities or unsettled claims at the time of
completion.
(4) In addition, the director of financial management, as
agent of the governor, shall:
(a) Develop and maintain a system of internal controls
and internal audits comprising methods and procedures to be
adopted by each agency that will safeguard its assets, check
the accuracy and reliability of its accounting data, promote
operational efficiency, and encourage adherence to prescribed managerial policies for accounting and financial controls. The system developed by the director shall include criteria for determining the scope and comprehensiveness of
internal controls required by classes of agencies, depending
on the level of resources at risk.
Each agency head or authorized designee shall be
assigned the responsibility and authority for establishing and
maintaining internal audits following the standards of internal auditing of the institute of internal auditors;
(b) Make surveys and analyses of agencies with the
object of determining better methods and increased effectiveness in the use of manpower and materials; and the director
shall authorize expenditures for employee training to the end
that the state may benefit from training facilities made available to state employees;
(c) Establish policies for allowing the contracting of
child care services;
(d) Report to the governor with regard to duplication of
effort or lack of coordination among agencies;
(e) Review any pay and classification plans, and changes
thereunder, developed by any agency for their fiscal impact:
PROVIDED, That none of the provisions of this subsection
shall affect merit systems of personnel management now
existing or hereafter established by statute relating to the fixing of qualifications requirements for recruitment, appointment, or promotion of employees of any agency. The director
shall advise and confer with agencies including appropriate
standing committees of the legislature as may be designated
by the speaker of the house and the president of the senate
regarding the fiscal impact of such plans and may amend or
alter the plans, except that for the following agencies no
amendment or alteration of the plans may be made without
the approval of the agency concerned: Agencies headed by
elective officials;
(f) Fix the number and classes of positions or authorized
employee years of employment for each agency and during
the fiscal period amend the determinations previously fixed
by the director except that the director shall not be empowered to fix the number or the classes for the following: Agencies headed by elective officials;
(g) Adopt rules to effectuate provisions contained in (a)
through (f) of this subsection.
(5) The treasurer shall:
(a) Receive, keep, and disburse all public funds of the
state not expressly required by law to be received, kept, and
disbursed by some other persons: PROVIDED, That this
subsection shall not apply to those public funds of the institu(2004 Ed.)
State Budgeting, Accounting, and Reporting System
tions of higher learning which are not subject to appropriation;
(b) Receive, disburse, or transfer public funds under the
treasurer's supervision or custody;
(c) Keep a correct and current account of all moneys
received and disbursed by the treasurer, classified by fund or
account;
(d) Coordinate agencies' acceptance and use of credit
cards and other payment methods, if the agencies have
received authorization under RCW 43.41.180;
(e) Perform such other duties as may be required by law
or by regulations issued pursuant to this law.
It shall be unlawful for the treasurer to disburse public
funds in the treasury except upon forms or by alternative
means duly prescribed by the director of financial management. These forms or alternative means shall provide for
authentication and certification by the agency head or the
agency head's designee that the services have been rendered
or the materials have been furnished; or, in the case of loans
or grants, that the loans or grants are authorized by law; or, in
the case of payments for periodic maintenance services to be
performed on state owned equipment, that a written contract
for such periodic maintenance services is currently in effect;
and the treasurer shall not be liable under the treasurer's
surety bond for erroneous or improper payments so made.
When services are lawfully paid for in advance of full performance by any private individual or business entity other than
equipment maintenance providers or as provided for by RCW
42.24.035, such individual or entity other than central stores
rendering such services shall make a cash deposit or furnish
surety bond coverage to the state as shall be fixed in an
amount by law, or if not fixed by law, then in such amounts
as shall be fixed by the director of the department of general
administration but in no case shall such required cash deposit
or surety bond be less than an amount which will fully indemnify the state against any and all losses on account of breach
of promise to fully perform such services. No payments shall
be made in advance for any equipment maintenance services
to be performed more than twelve months after such payment. Any such bond so furnished shall be conditioned that
the person, firm or corporation receiving the advance payment will apply it toward performance of the contract. The
responsibility for recovery of erroneous or improper payments made under this section shall lie with the agency head
or the agency head's designee in accordance with regulations
issued pursuant to this chapter. Nothing in this section shall
be construed to permit a public body to advance funds to a
private service provider pursuant to a grant or loan before services have been rendered or material furnished.
(6) The state auditor shall:
(a) Report to the legislature the results of current post
audits that have been made of the financial transactions of
each agency; to this end the auditor may, in the auditor's discretion, examine the books and accounts of any agency, official, or employee charged with the receipt, custody, or safekeeping of public funds. Where feasible in conducting examinations, the auditor shall utilize data and findings from the
internal control system prescribed by the office of financial
management. The current post audit of each agency may
include a section on recommendations to the legislature as
provided in (c) of this subsection.
(2004 Ed.)
43.88.160
(b) Give information to the legislature, whenever
required, upon any subject relating to the financial affairs of
the state.
(c) Make the auditor's official report on or before the
thirty-first of December which precedes the meeting of the
legislature. The report shall be for the last complete fiscal
period and shall include determinations as to whether agencies, in making expenditures, complied with the laws of this
state. The state auditor is authorized to perform or participate
in performance verifications and performance audits as
expressly authorized by the legislature in the omnibus biennial appropriations acts or in the performance audit work plan
approved by the joint legislative audit and review committee.
The state auditor, upon completing an audit for legal and
financial compliance under chapter 43.09 RCW or a performance verification, may report to the joint legislative audit
and review committee or other appropriate committees of the
legislature, in a manner prescribed by the joint legislative
audit and review committee, on facts relating to the management or performance of governmental programs where such
facts are discovered incidental to the legal and financial audit
or performance verification. The auditor may make such a
report to a legislative committee only if the auditor has determined that the agency has been given an opportunity and has
failed to resolve the management or performance issues
raised by the auditor. If the auditor makes a report to a legislative committee, the agency may submit to the committee a
response to the report. This subsection (6) shall not be construed to authorize the auditor to allocate other than de minimis resources to performance audits except as expressly
authorized in the appropriations acts or in the performance
audit work plan. The results of a performance audit conducted by the state auditor that has been requested by the
joint legislative audit and review committee must only be
transmitted to the joint legislative audit and review committee.
(d) Be empowered to take exception to specific expenditures that have been incurred by any agency or to take exception to other practices related in any way to the agency's
financial transactions and to cause such exceptions to be
made a matter of public record, including disclosure to the
agency concerned and to the director of financial management. It shall be the duty of the director of financial management to cause corrective action to be taken within six months,
such action to include, as appropriate, the withholding of
funds as provided in RCW 43.88.110. The director of financial management shall annually report by December 31st the
status of audit resolution to the appropriate committees of the
legislature, the state auditor, and the attorney general. The
director of financial management shall include in the audit
resolution report actions taken as a result of an audit including, but not limited to, types of personnel actions, costs and
types of litigation, and value of recouped goods or services.
(e) Promptly report any irregularities to the attorney general.
(f) Investigate improper governmental activity under
chapter 42.40 RCW.
(7) The joint legislative audit and review committee
may:
(a) Make post audits of the financial transactions of any
agency and management surveys and program reviews as
[Title 43 RCW—page 417]
43.88.170
Title 43 RCW: State Government—Executive
provided for in chapter 44.28 RCW as well as performance
audits and program evaluations. To this end the joint committee may in its discretion examine the books, accounts, and
other records of any agency, official, or employee.
(b) Give information to the legislature or any legislative
committee whenever required upon any subject relating to
the performance and management of state agencies.
(c) Make a report to the legislature which shall include at
least the following:
(i) Determinations as to the extent to which agencies in
making expenditures have complied with the will of the legislature and in this connection, may take exception to specific
expenditures or financial practices of any agencies; and
(ii) Such plans as it deems expedient for the support of
the state's credit, for lessening expenditures, for promoting
frugality and economy in agency affairs, and generally for an
improved level of fiscal management. [2002 c 260 § 1; 1998
c 135 § 1; 1997 c 168 § 6; 1996 c 288 § 25; 1994 c 184 § 11.
Prior: 1993 c 500 § 7; 1993 c 406 § 4; 1993 c 194 § 6; 1992
c 118 § 8; (1992 c 118 § 7 expired April 1, 1992, pursuant to
1992 c 118 § 9); 1991 c 358 § 4; prior: 1987 c 505 § 36; 1987
c 436 § 1; 1986 c 215 § 5; 1982 c 10 § 11; prior: 1981 c 280
§ 7; 1981 c 270 § 11; 1979 c 151 § 139; 1975 1st ex.s. c 293
§ 8; 1975 c 40 § 11; 1973 c 104 § 1; 1971 ex.s. c 170 § 4;
1967 ex.s. c 8 § 49; 1965 c 8 § 43.88.160; prior: 1959 c 328
§ 16.]
Effective date—1997 c 168: See RCW 43.88C.900.
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.
Short title—1993 c 406: See note following RCW 43.88.020.
Expiration date—1992 c 118 § 7: "Section 7 of this act shall expire
April 1, 1992." [1992 c 118 § 9.]
Effective date—1992 c 118 § 8: "Section 8 of this act shall take effect
April 1, 1992." [1992 c 118 § 10.]
Effective date—1991 c 358: See note following RCW 43.88.030.
Severability—1982 c 10: See note following RCW 6.13.080.
Effective date—Severability—1981 c 270: See notes following RCW
43.88.010.
43.88.175 Credit reporting agencies—State agency
use. State agencies may report receivables to credit reporting
agencies whenever the agency determines that such reporting
would be cost-effective and does not violate confidentiality
or other legal requirements. Within thirty-five days after satisfaction of a debt reported to a credit reporting agency, the
state agency reporting the debt shall notify the credit reporting agency that the debt has been satisfied. [1991 c 85 § 1;
1989 c 100 § 1.]
43.88.175
43.88.180 When appropriations required or not
required. Appropriations shall not be required for refunds,
as provided in RCW 43.88.170, nor in the case of payments
other than for administrative expenses or capital improvements to be made from trust funds specifically created by law
to discharge awards, claims, annuities and other liabilities of
the state. Said trust funds shall include, but shall not be limited to, the accident fund, medical aid fund, retirement system
fund, Washington state patrol retirement fund and unemployment trust fund. Appropriations may be required in the case
of public service enterprises defined for the purposes of this
section as proprietary functions conducted by an agency of
the state. An appropriation may be required to permit payment of obligations by revolving funds, as provided in RCW
43.88.190. [1973 1st ex.s. c 100 § 8; 1965 c 8 § 43.88.180.
Prior: 1959 c 328 § 18.]
43.88.180
43.88.190 Revolving funds. Revolving funds shall not
be created by law except to finance the operations of service
units, or units set up to supply goods and services to other
units or agencies. Such service units where created shall be
self-supporting operations featuring continuous turnover of
working capital. The regulations issued by the governor pursuant to this chapter shall prescribe the procedures to be
employed by agencies in accounting and reporting for revolving funds and may provide for the keeping of such funds in
the custody of the treasurer. [1965 c 8 § 43.88.190. Prior:
1959 c 328 § 19.]
43.88.190
43.88.195 Establishment of accounts or funds outside
treasury without permission of director of financial management prohibited. After August 11, 1969, no state
agency, state institution, state institution of higher education,
which shall include all state universities, regional universities, The Evergreen State College, and community colleges,
shall establish any new accounts or funds which are to be
located outside of the state treasury: PROVIDED, That the
office of financial management shall be authorized to grant
permission for the establishment of such an account or fund
outside of the state treasury only when the requesting agency
presents compelling reasons of economy and efficiency
which could not be achieved by placing such funds in the
state treasury. When the director of financial management
authorizes the creation of such fund or account, the director
shall forthwith give written notice of the fact to the standing
committees on ways and means of the house and senate:
PROVIDED FURTHER, That agencies authorized to create
local accounts will utilize the services of the state treasurer's
office to ensure that new or ongoing relationships with financial institutions are in concert with statewide policies and
procedures pursuant to RCW 43.88.160(1). [1996 c 186 §
43.88.195
Severability—1971 ex.s. c 170: See note following RCW 43.09.050.
Director of financial management: Chapter 43.41 RCW.
Joint legislative audit and review committee: Chapter 44.28 RCW.
Post-audit: RCW 43.09.290 through 43.09.330.
Powers and duties of director of general administration as to official bonds:
RCW 43.41.360.
State auditor, duties: Chapter 43.09 RCW.
State treasurer, duties: Chapter 43.08 RCW.
43.88.170
43.88.170 Refunds of erroneous or excessive payments. Whenever any law which provides for the collection
of fees or other payment by an agency does not authorize the
refund of erroneous or excessive payments thereof, refunds
may be made or authorized by the agency which collected the
fees or payments of all such amounts received by the agency
in consequence of error, either of fact or of law. The regulations issued by the governor pursuant to this chapter shall
prescribe the procedure to be employed in making refunds.
[1965 c 8 § 43.88.170. Prior: 1959 c 328 § 17.]
Refunds: RCW 43.01.072 through 43.01.075.
[Title 43 RCW—page 418]
(2004 Ed.)
State Budgeting, Accounting, and Reporting System
509; 1993 c 500 § 8; 1991 c 201 § 19; 1979 c 151 § 140; 1977
ex.s. c 169 § 109; 1975 1st ex.s. c 293 § 9; 1969 ex.s. c 248 §
1.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.
Captions not law—Severability—1991 c 201: See RCW 39.35C.900
and 39.35C.901.
43.88.200
43.88.200 Public records. All agency records reflecting financial transactions, such records being defined for purposes of this chapter to mean books of account, financial
statements, and supporting records including expense vouchers and other evidences of obligation, shall be deemed to be
public records and shall be available for public inspection in
the agency concerned during official working hours. [1965 c
8 § 43.88.200. Prior: 1959 c 328 § 20.]
43.88.205
43.88.205 Federal funds and programs—Participating agencies to give notice—Progress reports. (1) Whenever an agency makes application, enters into a contract or
agreement, or submits state plans for participation in, and for
grants of federal funds under any federal law, the agency
making such application shall at the time of such action, give
notice in such form and manner as the director of financial
management may prescribe, or the chair of the joint legislative audit and review committee, standing committees on
ways and means of the house and senate, the chief clerk of the
house, or the secretary of the senate may request.
(2) Whenever any such application, contract, agreement,
or state plan is amended, such agency shall notify each such
officer of such action in the same manner as prescribed or
requested pursuant to subsection (1) of this section.
(3) Such agency shall promptly furnish such progress
reports in relation to each such application, contract, agreement, or state plan as may be requested following the date of
the filing of the application, contract, agreement, or state
plan; and shall also file with each such officer a final report as
to the final disposition of each such application, contract,
agreement, or state plan if such is requested. [1996 c 288 §
39; 1979 c 151 § 141; 1975 1st ex.s. c 293 § 10; 1973 2nd
ex.s. c 17 § 3; 1967 ex.s. c 41 § 4.]
Acceptance of funds by governor, administration: RCW 43.06.120,
43.06.130.
43.88.210
43.88.210 Transfer of certain powers and duties. It is
the intent of this chapter to assign to the governor's office
authority for developing and maintaining a state budgeting,
accounting, and reporting system necessary for effective
expenditure and revenue control among agencies.
To this end:
(1) All powers and duties and functions of the state auditor relating to the disbursement of public funds by warrant or
check are hereby transferred to the state treasurer as the governor may direct but no later than ninety days after the start of
the next fiscal biennium, and the state auditor shall deliver to
the state treasurer all books, records, accounts, equipment, or
other property relating to such function. In all cases where
any question shall arise as to the proper custody of any such
(2004 Ed.)
43.88.250
books, records, accounts, equipment or property, or pending
business, the governor shall determine the question;
(2) In all cases where reports, notices, certifications,
vouchers, disbursements and similar statements are now
required to be given to any agency the duties and responsibilities of which are being assigned or reassigned by this chapter, the same shall be given to the agency or agencies in the
manner provided for in this chapter. [1986 c 215 § 6; 1965 c
8 § 43.88.210. Prior: 1959 c 328 § 21.]
43.88.220 Federal law controls in case of conflict—
Rules. If any part of this chapter shall be found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, such conflicting part of this chapter is hereby declared to be inoperative solely to the extent of such conflict and with respect to
the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of this
chapter in its application to the agencies concerned. The rules
and regulations under this chapter shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state. [1965 c 8 § 43.88.220. Prior: 1959 c
328 § 22.]
43.88.220
43.88.230 Legislative agencies and committees
deemed part of legislative branch. For the purposes of this
chapter, the statute law committee, the joint legislative audit
and review committee, the legislative transportation committee, the legislative evaluation and accountability program
committee, the office of state actuary, and all legislative
standing committees of both houses shall be deemed a part of
the legislative branch of state government. [1996 c 288 § 40;
1981 c 270 § 12; 1975 1st ex.s. c 293 § 11; 1965 c 8 §
43.88.230. Prior: 1959 c 328 § 23.]
43.88.230
Effective date—Severability—1981 c 270: See notes following RCW
43.88.010.
43.88.240 Exemption of Washington state commodity commissions. Unless otherwise directed in the commodity commission enabling statute, this chapter shall not apply
to the Washington state commodity commissions created
either under separate statute or under the provisions of chapters 15.65 and 15.66 RCW: PROVIDED, That all such commissions shall submit estimates and such other necessary
information as may be required for the development of the
budget and shall also be subject to audit by the appropriate
state auditing agency or officer. [1995 c 374 § 60; 1981 c 225
§ 3; 1965 c 8 § 43.88.240. Prior: 1959 c 328 § 24.]
43.88.240
Effective date—1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
43.88.250 Emergency expenditures. Whenever an
emergency shall arise necessitating an expenditure for the
preservation of peace, health or safety, or for the carrying on
of the necessary work required by law of any state agency for
which insufficient or no appropriations have been made, the
head of such agency shall submit to the governor, duplicate
copies of a sworn statement, setting forth the facts constituting the emergency and the estimated amount of money
required therefor. If the governor approves such estimate in
whole or in part, the governor shall indorse on each copy of
43.88.250
[Title 43 RCW—page 419]
43.88.260
Title 43 RCW: State Government—Executive
the statement the governor's approval, together with a statement of the amount approved as an allocation from any
appropriation available for allocation for emergency purposes and transmit one copy to the head of the agency thereby
authorizing the emergency expenditures. [1975-'76 2nd ex.s.
c 83 § 1.]
43.88.260
43.88.260 Deficiencies prohibited—Exceptions. (1) It
shall be unlawful for any agency head or disbursing officer to
incur any cash deficiency and any appointive officer or
employee violating the provisions of this section shall be subject to summary removal.
(2) This section does not apply to:
(a) Temporary cash deficiencies resulting from disbursements under a expenditure plan approved under RCW
43.88.110.
(b) Temporary cash deficiencies authorized by the director of financial management for funds and accounts in the
state treasury or in the custody of the state treasurer. Each
authorization under this subsection (b) shall distinctly specify
the fund or account for which a deficiency is authorized, the
maximum amount of cash deficiency which may be incurred,
and the maximum time period during which the cash deficiency may continue. Each authorization shall expire at the
end of each fiscal biennium unless renewed by the director of
financial management. The director of financial management
shall report each authorization and renewal to the legislative
fiscal committees.
(c) Temporary cash deficiencies in funds or accounts
which are neither in the state treasury, nor in the custody of
the treasurer, if the cash deficiency does not continue past the
end of the fiscal biennium.
(3) Nothing in this section permits the expenditure of
moneys in excess of an applicable appropriation. [1987 c 502
§ 7; 1975-'76 2nd ex.s. c 83 § 2.]
43.88.265
43.88.265 Construction accounts—Exception to certain accounting requirements. In order to comply with the
provisions of the federal tax reform act of 1986, construction
accounts that receive bond proceeds are exempt from RCW
43.88.050, 43.88.110, and 43.88.260 and may incur seasonal
cash deficits pending the sale of bonds or bond anticipation
notes subject to the following conditions:
(1) The respective account has unexpended appropriation authority.
(2) There are authorized unissued bonds available for
sale by the state finance committee under direction to deposit
the proceeds of the sale in the respective account.
(3) The bonds are of an amount that would remedy the
cash deficit if the bonds were sold. [1989 1st ex.s. c 14 § 18.]
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
in RCW 43.88.290 and 43.88.300 the term "state officer or
employee" includes the members of the governing body of
any state agency, as state agency is defined in RCW
43.88.020(4) and those generally known as executive management but excludes nonsupervisory state employees covered by civil service under chapters 41.06 and *28B.16
RCW. [1977 ex.s. c 320 § 1.]
*Reviser's note: Chapter 28B.16 RCW was repealed by 1993 c 281,
with the exception of RCW 28B.16.015 and 28B.16.240, which was recodified as RCW 41.06.382. RCW 28B.16.015 and 41.06.382 were subsequently
repealed by 2002 c 354 § 403, effective July 1, 2005.
Effective date—1977 ex.s. c 320: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the
state government and its existing public institutions, and shall take effect
July 1, 1977." [1977 ex.s. c 320 § 6.]
43.88.290
43.88.290 Fiscal responsibilities of state officers and
employees—Prohibitions relative to appropriations and
expenditures. No state officer or employee shall intentionally or negligently: Over-expend or over-encumber any
appropriation made by law; fail to properly account for any
expenditures by fund, program, or fiscal period; or expend
funds contrary to the terms, limits, or conditions of any
appropriation made by law. [1981 c 270 § 13; 1977 ex.s. c
320 § 2.]
Effective date—Severability—1981 c 270: See notes following RCW
43.88.010.
Effective date—1977 ex.s. c 320: See note following RCW 43.88.280.
43.88.300
43.88.300 Fiscal responsibilities of state officers and
employees—Violations—Civil penalties—Forfeiture. (1)
Where there is reason to believe that a present or former state
officer or employee has violated or threatens to violate RCW
43.88.290, the attorney general may initiate an appropriate
civil action for the enforcement of RCW 43.88.280 through
43.88.320 or to prevent any such violation. The action may
be brought in the county where the alleged violator resides, or
the county where the violation is alleged to have occurred or
is threatened.
(2) For each violation of RCW 43.88.290 the attorney
general shall seek to recover and the court may award the following damages on behalf of the state of Washington:
(a) From each person found in violation of RCW
43.88.290 a civil penalty in the amount of five hundred dollars, or all costs, including reasonable attorney's fees incurred
by the state in said action, whichever is greater;
(b) Any damages sustained by the state as a result of the
conduct constituting said violation.
In addition to the other penalties contained in this section, judgment against any person, other than an elected official, for violating RCW 43.88.290 may include a declaration
of forfeiture of such person's office or employment, to take
effect immediately. [1977 ex.s. c 320 § 3.]
Effective date—1977 ex.s. c 320: See note following RCW 43.88.280.
43.88.270
43.88.270 Penalty for violations. Any officer or
employee violating, or wilfully refusing or failing to comply
with, any provision of this chapter shall be guilty of a misdemeanor. [1975-'76 2nd ex.s. c 83 § 3.]
43.88.280
43.88.280 Fiscal responsibilities of state officers and
employees—"State officer or employee" defined. As used
[Title 43 RCW—page 420]
43.88.310
43.88.310 Fiscal responsibilities of state officers and
employees—Duties of legislative auditor, attorney general. (1) The legislative auditor of the office of the joint legislative audit and review committee, with the concurrence of
the joint legislative audit and review committee, may file
with the attorney general any audit exceptions or other find(2004 Ed.)
State Budgeting, Accounting, and Reporting System
ings of any performance audit, management study, or special
report prepared for the joint legislative audit and review committee, any standing or special committees of the house or
senate, or the entire legislature which indicate a violation of
RCW 43.88.290, or any other act of malfeasance, misfeasance, or nonfeasance on the part of any state officer or
employee.
(2) The attorney general shall promptly review each filing received from the legislative auditor and may act thereon
as provided in RCW 43.88.300, or any other applicable statute authorizing enforcement proceedings by the attorney general. The attorney general shall advise the joint legislative
audit and review committee of the status of exceptions or
findings referred under this section. [1996 c 288 § 41; 1993
c 157 § 1; 1977 ex.s. c 320 § 4.]
Effective date—1977 ex.s. c 320: See note following RCW 43.88.280.
43.88.320
43.88.320 Fiscal responsibilities of state officers and
employees—Civil penalties additional to other penalties.
The civil penalties provided by RCW 43.88.280 through
43.88.320 are in addition to any other penalties which may be
provided by law. [1977 ex.s. c 320 § 5.]
Effective date—1977 ex.s. c 320: See note following RCW 43.88.280.
43.88.350
43.88.350 Legal services revolving fund—General
administration services account—Approval of certain
changes required. Any rate increases proposed for or any
change in the method of calculating charges from the legal
services revolving fund or services provided in accordance
with RCW 43.01.090 or 43.19.500 in the general administration services account is subject to approval by the director of
financial management prior to implementation. [1998 c 105
§ 16; 1981 c 270 § 14.]
Effective date—1998 c 105: See note following RCW 43.19.025.
Effective date—Severability—1981 c 270: See notes following RCW
43.88.010.
General administration services account: RCW 43.19.500.
Legal services revolving fund: RCW 43.10.150.
43.88.500
43.88.500 State boards, commissions, councils, and
committees—Legislative finding and declaration. The
legislature finds that members of boards, commissions, councils, and committees in state government make a valuable
contribution to the public welfare.
Nevertheless, the legislature also finds that the continued
proliferation of both statutory and nonstatutory groups of this
nature without effective, periodic review of existing groups
can result in wasteful duplication of effort, fragmentation of
administrative authority, lack of accountability, plus an
excessive and frequently hidden financial burden on the state.
The legislature further finds that effective legislative
oversight and review of boards, commissions, councils, and
committees is frustrated by a lack of current and reliable
information on the status and activities of such groups.
The legislature declares that legislative oversight and
overall accountability in state government can be significantly improved by creating in the office of financial management a central clearinghouse for information on boards,
commissions, councils, and committees. [1979 c 151 § 142;
1977 c 23 § 1.]
(2004 Ed.)
43.88.510
Termination review: RCW 43.41.220.
43.88.505
43.88.505 State boards, commissions, councils, and
committees—Compilation of list, information. (1) The
director of financial management shall compile, and revise
within ninety days after the beginning of each biennium, a
current list of all permanent and temporary, statutory and
nonstatutory boards, commissions, councils, committees, and
other groups of similar nomenclature that are established by
the executive, legislative, or judicial branches of state government and whose members are eligible to receive travel
expenses for their meetings in accordance with RCW
43.03.050 and 43.03.060 as now existing or hereafter
amended.
(2) Such list shall include but not be limited to any such
group which:
(a) Functions primarily in an advisory, planning, or coordinating capacity;
(b) Performs advertising, research, promotional, or marketing services for a specific business, industry, or occupation; or
(c) Performs licensing, regulatory, or quasi-judicial
functions, adopts rules, or has responsibility for the administration or policy direction of a state agency or program.
(3) Such list shall contain the following information for
each board, commission, council, committee, or other group
of similar nomenclature:
(a) The legal authorization for the creation of the group;
(b) The number of members on the group, the appointing
authority, and the agency to which the group reports;
(c) The number of meetings held during the preceding
biennium;
(d) A brief summary of the primary responsibilities of
the group;
(e) The total estimated cost of operating the group during
the preceding biennium and the estimated cost of the group
during the ensuing biennium. Such cost data shall include the
estimated administrative expenses of the group as well as the
estimated cost to an agency of providing full time equivalent
or part time supporting staff to the group; and
(f) The source of funding for the group. [1979 c 151 §
143; 1977 c 23 § 2.]
43.88.510
43.88.510 State boards, commissions, councils, and
committees—Submission of list and data to legislature.
Not later than ninety days after the beginning of each biennium, the director of financial management shall submit the
compiled list of boards, commissions, councils, and committees, together with the information on each such group, that is
required by RCW 43.88.505 to:
(1) The speaker of the house and the president of the senate for distribution to the appropriate standing committees,
including one copy to the staff of each of the committees;
(2) The chair of the joint legislative audit and review
committee, including a copy to the staff of the committee;
(3) The chairs of the committees on ways and means of
the senate and house of representatives; and
(4) Members of the state government committee of the
house of representatives and of the governmental operations
committee of the senate, including one copy to the staff of
[Title 43 RCW—page 421]
43.88.515
Title 43 RCW: State Government—Executive
each of the committees. [1996 c 288 § 42; 1987 c 505 § 37;
1979 c 151 § 144; 1977 c 23 § 3.]
43.88.515
43.88.515 State boards, commissions, councils, and
committees—Agencies to submit lists, information. (1) In
order to facilitate the compilation of data required by RCW
43.88.505, each agency of the executive, legislative, and judicial branches of state government shall submit to the director
of financial management a current list of the permanent and
temporary, statutory and nonstatutory boards, commissions,
councils, committees, and other groups of similar nomenclature that report to, or are involved in the operation of, the
agency and whose members are eligible to receive travel
expenses for their meetings in accordance with RCW
43.03.050 and 43.03.060 as now existing or hereafter
amended.
(2) Such list shall contain the administrative and cost
information for each group that is prescribed in RCW
43.88.505(3).
(3) The director of financial management shall establish
guidelines and a format for agencies to follow in submitting
information on boards, commissions, councils, and committees. [1979 c 151 § 145; 1977 c 23 § 4.]
43.88.550
43.88.550 Forest fire fighting expenses—Transfers to
Clarke-McNary fund. Based on schedules submitted by the
director of financial management, the state treasurer shall
transfer from the general fund—state, or such other funds as
the state treasurer deems appropriate, to the Clarke-McNary
fund such amounts as are necessary to meet unbudgeted forest fire fighting expenses. All amounts borrowed under the
authority of this section shall be repaid to the appropriate
fund, together with interest at a rate determined by the state
treasurer to be equivalent to the return on investments of the
state treasury during the period the amounts are borrowed.
[1989 c 362 § 3.]
43.88.560
43.88.560 Information technology projects—Funding policies and standards. The director of financial management shall establish policies and standards governing the
funding of major information technology projects as required
under RCW 43.105.190(2). [1992 c 20 § 7.]
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
43.88.570
43.88.570 Social services provided by nongovernment entities receiving state moneys—Report by agencies—Audits. (1) Each state agency shall submit a report to
the office of the state auditor listing each nongovernment
entity that received over three hundred thousand dollars in
state moneys during the previous fiscal year under contract
with the agency for purposes related to the provision of social
services. The report must be submitted by September 1 each
year, and must be in a form prescribed by the office of the
state auditor.
(2) The office of the state auditor shall select at random
a group of entities from the reports using a procedure prescribed by the office of the state auditor. The office of the
state auditor shall ensure that the number of entities selected
[Title 43 RCW—page 422]
under this subsection (2) each year is sufficient to ensure a
statistically representative sample of all reported entities.
(3) Each entity selected under subsection (2) of this section shall be required to complete a comprehensive entitywide audit in accordance with generally accepted government auditing standards. The audit shall be completed by, or
under the supervision of, a certified public accountant
licensed in this state. The audit shall determine, at a minimum, whether:
(a) The financial statements of the entity are presented
fairly in all material respects in conformity with generally
accepted accounting principles;
(b) The schedule of expenditures of state moneys is presented fairly in all material respects in relation to the financial
statements taken as a whole;
(c) Internal accounting controls exist and are effective;
and
(d) The entity has complied with laws, regulations, and
contract and grant provisions that have a direct and material
effect on performance of the contract and the expenditure of
state moneys.
(4) The office of the state auditor shall also select a second group based on a risk assessment of entities conducted by
the office of the state auditor in consultation with state agencies. The office of the state auditor shall consider, at a minimum, the following factors when conducting risk assessments: Findings from audits of entities under contract with
the state to provide services for the same state or federal program; findings from previous audits; decentralization of decision making and controls; turnover in officials and key personnel; changes in management structure or operations; and
the presence of new programs, technologies, or funding
sources.
(5) The office of the state auditor is required to complete
a comprehensive entity-wide audit, in accordance with generally accepted government auditing standards, of each entity
selected under subsection (4) of this section. The office of the
state auditor may procure the services of a certified public
accountant to perform such an audit, as set forth under RCW
43.09.045. The audit shall determine, at a minimum, whether:
(a) The financial statements of the entity are presented
fairly in all material respects in conformity with generally
accepted accounting principles;
(b) The schedule of expenditures of state moneys is presented fairly in all material respects in relation to the financial
statements taken as a whole;
(c) Internal accounting controls exist and are effective;
and
(d) The entity has complied with statutes, rules, regulations, and contract and grant provisions that have a direct and
material effect on performance of the contract and the expenditure of state moneys.
(6) The office of the state auditor shall prescribe policies
and procedures for the conduct of audits under this section.
The office of the state auditor shall deem single audits completed in compliance with federal requirements to be in fulfillment of the requirements of this section if the audit meets
the requirements of subsection (3)(a) through (d) or (5)(a)
through (d) of this section. If the entity is selected under subsection (4) of this section, the office of the state auditor shall
(2004 Ed.)
Legislative Fiscal Notes
review the single audit to determine if there is evidence of
misuse of public moneys.
(7) Completed audits must be delivered to the office of
the state auditor and the state agency by April 1 in the year
following the selection of the entity for audit. Entities must
resolve any findings contained in the audit within six months
of the delivery of the audit. Entities may not enter into new
contracts with state agencies until all major audit findings are
resolved.
(8) Nothing in this section limits the authority of the state
auditor to carry out statutorily and contractually prescribed
powers and duties. [1998 c 232 § 2; 1997 c 374 § 3.]
Findings—Intent—1998 c 232: See note following RCW 43.09.055.
Findings—1997 c 374: See note following RCW 43.63A.125.
43.88.899
43.88.899 Intent—Periodic review. The amendments
to chapter 43.88 RCW by chapter 215, Laws of 1986 are
intended to improve the reporting of state budgeting,
accounting, and other fiscal data. The legislative evaluation
and accountability program committee shall periodically
review chapter 43.88 RCW and shall recommend further
revisions if needed. [1986 c 215 § 8.]
43.88.901
43.88.901 Severability—1973 1st ex.s. c 100. If any
provision of this 1973 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or
circumstances is not affected. [1973 1st ex.s. c 100 § 10.]
43.88.902
43.88.902 Severability—1975 1st ex.s. c 293. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or
circumstances is not affected. [1975 1st ex.s. c 293 § 22.]
43.88.903
43.88.903 Severability—1977 c 23. If any provision of
this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1977 c 23 § 5.]
43.88.910
43.88.910 Effective date—1975 1st ex.s. c 293. This
1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and
shall take effect on July 1, 1975. [1975 1st ex.s. c 293 § 23.]
Chapter 43.88A
Chapter 43.88A RCW
LEGISLATIVE FISCAL NOTES
Sections
43.88A.010 Legislative declaration.
43.88A.020 Fiscal notes—Preparation—Contents—Duties of office of
financial management.
43.88A.030 Fiscal notes—Distribution.
43.88A.040 Fiscal notes—Preparation upon request of any legislator.
43.88A.900 Construction of chapter.
Fiscal impact of proposed legislation on political subdivisions: Chapter
43.132 RCW.
(2004 Ed.)
43.88A.040
43.88A.010
43.88A.010 Legislative declaration. The legislature
hereby recognizes the necessity of developing a uniform and
coordinated procedure for determining the expected fiscal
impact of bills and resolutions on state government. The legislature also recognizes that developing such statements of
fiscal impact, which shall be known as fiscal notes, requires
the designation of a state agency to be principally responsible
therefor. [1977 ex.s. c 25 § 1.]
43.88A.020
43.88A.020 Fiscal notes—Preparation—Contents—
Duties of office of financial management. The office of
financial management shall, in cooperation with appropriate
legislative committees and legislative staff, establish a procedure for the provision of fiscal notes on the expected impact
of bills and resolutions which increase or decrease or tend to
increase or decrease state government revenues or expenditures. Such fiscal notes shall indicate by fiscal year the
impact for the remainder of the biennium in which the bill or
resolution will first take effect as well as a cumulative forecast of the fiscal impact for the succeeding four fiscal years.
Fiscal notes shall separately identify the fiscal impacts on the
operating and capital budgets. Estimates of fiscal impacts
shall be calculated using the procedures contained in the fiscal note instructions issued by the office of financial management.
In establishing the fiscal impact called for pursuant to
this chapter, the office of financial management shall coordinate the development of fiscal notes with all state agencies
affected. [1994 c 219 § 3; 1979 c 151 § 146; 1977 ex.s. c 25
§ 2.]
Finding—1994 c 219: See note following RCW 43.88.030.
43.88A.030
43.88A.030 Fiscal notes—Distribution. When a fiscal
note is prepared and approved as to form, accuracy, and completeness by the office of financial management, which
depicts the expected fiscal impact of a bill or resolution, copies shall be filed immediately with:
(1) The chairperson of the committee to which the bill or
resolution was referred upon introduction in the house of origin;
(2) The senate committee on ways and means, or its successor; and
(3) The house committees on revenue and appropriations, or their successors.
Whenever possible, such fiscal note shall be provided
prior to or at the time the bill or resolution is first heard by the
committee of reference in the house of origin.
When a fiscal note has been prepared for a bill or resolution, a copy of the fiscal note shall be placed in the bill books
or otherwise attached to the bill or resolution and shall remain
with the bill or resolution throughout the legislative process
insofar as possible. [1986 c 158 § 16; 1979 ex.s. c 112 § 1;
1979 c 151 § 147; 1977 ex.s. c 25 § 3.]
43.88A.040
43.88A.040 Fiscal notes—Preparation upon request
of any legislator. The office of financial management shall
also provide a fiscal note on any legislative proposal at the
request of any legislator. Such fiscal note shall be returned to
the requesting legislator, and copies shall be filed with the
appropriate legislative committees pursuant to RCW
[Title 43 RCW—page 423]
43.88A.900
Title 43 RCW: State Government—Executive
43.88A.030 at the time such proposed legislation is introduced in either house. [1979 c 151 § 148; 1977 ex.s. c 25 §
4.]
43.88A.900
43.88A.900 Construction of chapter. Nothing in this
chapter shall prevent either house of the legislature from acting on any bill or resolution before it as otherwise provided
by the state Constitution, by law, and by the rules and joint
rules of the senate and house of representatives, nor shall the
lack of any fiscal note as provided in this chapter or any error
in the accuracy thereof affect the validity of any measure otherwise duly passed by the legislature. [1977 ex.s. c 25 § 5.]
Chapter 43.88C
Chapter 43.88C RCW
CASELOAD FORECAST COUNCIL
Sections
43.88C.010 Caseload forecast council—Caseload forecast supervisor—
Oversight and approval of official caseload forecast—Alternative forecast—Travel reimbursement—Definitions.
43.88C.020 Preparation and submittal of caseload forecasts—Cooperation
of state agencies—Official state caseload forecast.
43.88C.030 Caseload forecast work group—Submittal of data by state
agencies—Meetings.
43.88C.900 Effective date—1997 c 168.
43.88C.010
43.88C.010 Caseload forecast council—Caseload
forecast supervisor—Oversight and approval of official
caseload forecast—Alternative forecast—Travel reimbursement—Definitions. (1) The caseload forecast council
is hereby created. The council shall consist of two individuals
appointed by the governor and four individuals, one of whom
is appointed by the chairperson of each of the two largest
political caucuses in the senate and house of representatives.
The chair of the council shall be selected from among the
four caucus appointees. The council may select such other
officers as the members deem necessary.
(2) The council shall employ a caseload forecast supervisor to supervise the preparation of all caseload forecasts. As
used in this chapter, "supervisor" means the caseload forecast
supervisor.
(3) Approval by an affirmative vote of at least five members of the council is required for any decisions regarding
employment of the supervisor. Employment of the supervisor
shall terminate after each term of three years. At the end of
the first year of each three-year term the council shall consider extension of the supervisor's term by one year. The
council may fix the compensation of the supervisor. The
supervisor shall employ staff sufficient to accomplish the
purposes of this section.
(4) The caseload forecast council shall oversee the preparation of and approve, by an affirmative vote of at least four
members, the official state caseload forecasts prepared under
RCW 43.88C.020. If the council is unable to approve a forecast before a date required in RCW 43.88C.020, the supervisor shall submit the forecast without approval and the forecast shall have the same effect as if approved by the council.
(5) A council member who does not cast an affirmative
vote for approval of the official caseload forecast may
request, and the supervisor shall provide, an alternative forecast based on assumptions specified by the member.
[Title 43 RCW—page 424]
(6) Members of the caseload forecast council shall serve
without additional compensation but shall be reimbursed for
travel expenses in accordance with RCW 44.04.120 while
attending sessions of the council or on official business
authorized by the council. Nonlegislative members of the
council shall be reimbursed for travel expenses in accordance
with RCW 43.03.050 and 43.03.060.
(7) "Caseload," as used in this chapter, means the number of persons expected to meet entitlement requirements and
require the services of public assistance programs, state correctional institutions, state correctional noninstitutional
supervision, state institutions for juvenile offenders, the common school system, long-term care, medical assistance, foster care, and adoption support.
(8) Unless the context clearly requires otherwise, the
definitions provided in RCW 43.88.020 apply to this chapter.
[2000 c 90 § 1; 1997 c 168 § 1.]
Effective date—2000 c 90: "This act takes effect July 1, 2000." [2000
c 90 § 2.]
43.88C.020 Preparation and submittal of caseload
forecasts—Cooperation of state agencies—Official state
caseload forecast. (1) In consultation with the caseload forecast work group established under RCW 43.88C.030, and
subject to the approval of the caseload forecast council under
RCW 43.88C.010, the supervisor shall prepare:
(a) An official state caseload forecast; and
(b) Other caseload forecasts based on alternative
assumptions as the council may determine.
(2) The supervisor shall submit caseload forecasts prepared under this section, along with any unofficial forecasts
provided under RCW 43.88C.010, to the governor and the
members of the legislative fiscal committees, including one
copy to the staff of each of the committees. The forecasts
shall be submitted at least three times each year and on such
dates as the council determines will facilitate the development of budget proposals by the governor and the legislature.
(3) All agencies of state government shall provide to the
supervisor immediate access to all information relating to
caseload forecasts.
(4) The administrator of the legislative evaluation and
accountability program committee may request, and the
supervisor shall provide, alternative caseload forecasts based
on assumptions specified by the administrator.
(5) The official state caseload forecast under this section
shall be the basis of the governor's budget document as provided in RCW 43.88.030 and utilized by the legislature in the
development of the omnibus biennial appropriations act.
[1997 c 168 § 2.]
43.88C.020
43.88C.030 Caseload forecast work group—Submittal of data by state agencies—Meetings. (1) To promote
the free flow of information and to promote legislative and
executive input in the development of assumptions and preparation of forecasts, immediate access to all information and
statistical models relating to caseload forecasts shall be available to the caseload forecast work group, hereby created.
Each state agency affected by caseloads shall submit caseload reports and data to the council as soon as the reports and
data are available and shall provide to the council and the
supervisor such additional raw, program-level data or infor43.88C.030
(2004 Ed.)
Teletypewriter Communications Network
mation as may be necessary for discharge of their respective
duties.
(2) The caseload forecast work group shall consist of one
staff member selected by the executive head or chairperson of
each of the following agencies, programs, or committees:
(a) Office of financial management;
(b) Ways and means committee, or its successor, of the
senate;
(c) Appropriations committee, or its successor, of the
house of representatives;
(d) Legislative evaluation and accountability program
committee; and
(e) Each state program for which the council forecasts
the caseload.
(3) The caseload forecast work group shall provide technical support to the caseload forecast council. Meetings of the
caseload forecast work group may be called by any member
of the group for the purpose of assisting the council, reviewing forecasts, or for any other purpose that may assist the
council. [1997 c 168 § 3.]
43.88C.900
43.88C.900 Effective date—1997 c 168. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect July 1, 1997.
[1997 c 168 § 8.]
Chapter 43.89 RCW
TELETYPEWRITER COMMUNICATIONS
NETWORK
Chapter 43.89
Sections
43.89.010
43.89.030
43.89.040
43.89.050
Communications network—Establishment—Use—Charges—
Duties of chief of state patrol.
Connection with and participation in network by political subdivisions.
Transfer of powers, duties, functions, contracts, rules, property, appropriation, etc., to chief of state patrol.
Transfer of powers, duties and functions not to terminate or
affect state liability.
43.89.050
cations network: PROVIDED, That in computing charges to
be made against a city, county, or city and county the state
shall bear at least fifty percent of the costs of such service as
its share in providing a modern unified communications network to the law enforcement agencies of the state. Of the fees
collected pursuant to this section, one-half shall be deposited
in the motor vehicle fund and one-half shall be deposited in
the state patrol highway account.
(4) The chief of the Washington state patrol is authorized
to arrange for the connection of the communications network
with the law enforcement communications system of any
adjacent state, or the Province of British Columbia, Canada.
[2000 2nd sp.s. c 4 § 7; 1993 sp.s. c 23 § 63; 1965 ex.s. c 60
§ 2; 1965 c 8 § 43.89.010. Prior: 1963 c 160 § 1.]
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: "(1) Sections 4 and 7
through 10 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and take effect July 1, 2000.
(2) Section 5 of this act takes effect September 1, 2000.
(3) Section 6 of this act takes effect March 1, 2002." [2000 2nd sp.s. c
4 § 36.]
Effective dates—1993 sp.s. c 23: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and shall take effect
immediately [May 28, 1993], except for sections 60 and 61, which shall take
effect January 1, 1994." [1993 sp.s. c 23 § 65.]
Effective date—1965 ex.s. c 60: "This 1965 amendatory act shall take
effect on July 1, 1965." [1965 ex.s. c 60 § 6.]
43.89.030
43.89.030 Connection with and participation in network by political subdivisions. Any city, county, city and
county, or other public agency may connect with and participate in the teletypewriter communications network subject to
the rules, regulations, procedures and methods of operation
adopted by the state communications advisory committee:
PROVIDED, That such city, county, city and county, or other
public agency shall first agree to pay such installation
charges as may be necessary for such connection and such
monthly operational charges as may be established by the
chief of the Washington state patrol. [1965 ex.s. c 60 § 4;
1965 c 8 § 43.89.030. Prior: 1963 c 160 § 3.]
43.89.010
43.89.010 Communications network—Establishment—Use—Charges—Duties of chief of state patrol.
The chief of the Washington state patrol is hereby authorized
to establish a communications network which will inter-connect the law enforcement agencies of the state and its political
subdivisions into a unified written communications system.
The chief of the Washington state patrol is authorized to lease
or purchase such facilities and equipment as may be necessary to establish and maintain the communications network.
(1) The communications network shall be used exclusively for the official business of the state, and the official
business of any city, county, city and county, or other public
agency.
(2) This section does not prohibit the occasional use of
the state's communications network by any other state or public agency thereof when the messages transmitted relate to
the enforcement of the criminal laws of the state.
(3) The chief of the Washington state patrol shall fix the
monthly operational charge to be paid by any department or
agency of state government, or any city, county, city and
county, or other public agency participating in the communi(2004 Ed.)
43.89.040
43.89.040 Transfer of powers, duties, functions, contracts, rules, property, appropriation, etc., to chief of
state patrol. The powers, duties, and functions of the director of budget relating to the state teletypewriter communication network are transferred to the chief of the Washington
state patrol. All existing contracts, orders, rules, regulations,
records, and obligations together with communications
equipment, motor vehicles, and any other property, device, or
thing and any remaining appropriation pertaining to such
communication network shall be transferred by the director
of budget or his agent to the chief of the Washington state
patrol as of July 1, 1965. [1965 ex.s. c 60 § 1.]
43.89.050
43.89.050 Transfer of powers, duties and functions
not to terminate or affect state liability. The transfer of the
powers, duties, and functions relating to the state teletypewriter communication network from the director of budget to
the chief of the Washington state patrol shall not terminate or
affect the liability of the state accruing with respect to such
[Title 43 RCW—page 425]
Chapter 43.92
Title 43 RCW: State Government—Executive
communications network to any person, company, or corporation. [1965 ex.s. c 60 § 5.]
Chapter 43.92
Chapter 43.92 RCW
GEOLOGICAL SURVEY
Sections
43.92.010
43.92.020
43.92.040
43.92.060
43.92.070
43.92.080
Supervisor of geology.
Objects of survey.
Printing and distribution of reports.
Cooperation with federal geological survey.
Topographic map—Stream measurements.
Entry on lands authorized.
Reviser's note: The powers, duties and functions of the department of
conservation with respect to geology as set forth in chapter 43.92 RCW were
transferred to the department of natural resources by 1967 c 242 § 15 [RCW
43.27A.130].
43.92.010
43.92.010 Supervisor of geology. There shall be a geological survey of the state which shall be under the direction
of the commissioner of public lands who shall have general
charge of the survey, and shall appoint as supervisor of the
survey a geologist of established reputation, to be known as
the supervisor of geology. [1988 c 127 § 28; 1965 c 8 §
43.92.010. Prior: 1901 c 165 § 1; 1890 p 647 § 1; 1890 p 249
§ 1; RRS § 5993.]
43.92.020 Objects of survey. The survey shall have for
its objects:
An examination of the economic products of the state,
viz: The gold, silver, copper, lead, and iron ores, as well as
building stones, clays, coal, and all mineral substances of
value; an examination and classification of the soils, and the
study of their adaptability to particular crops; investigation
and report upon the water supplies, artesian wells, the water
power of the state, gauging the streams, etc., with reference to
their application for irrigation and other purposes; an examination and report upon the occurrence of different road building material; an examination of the physical features of the
state with reference to their practical bearing upon the occupations of the people; the preparation of special geological
and economic maps to illustrate the resources of the state; the
preparation of special reports with necessary illustrations and
maps, which shall embrace both the general and detailed
description of the geology and natural resources of the state,
and the consideration of such other kindred scientific and
economic questions as in the judgment of the director shall be
deemed of value to the people of the state. [1965 c 8 §
43.92.020. Prior: 1901 c 165 § 2; 1890 p 249 § 3; 1890 p 648
§§ 3, 4, 5, 6, 7; RRS § 5994.]
43.92.020
43.92.040
43.92.040 Printing and distribution of reports. The
regular and special reports of the survey with proper illustrations and maps, shall be printed as the director may direct,
and the reports shall be distributed or sold by him as the interests of the state and of science demand; and all money
obtained by the sale of reports shall be paid into the state treasury. [1965 c 8 § 43.92.040. Prior: 1901 c 165 § 4; RRS §
5996.]
43.92.060
43.92.060 Cooperation with federal geological survey. The director may make provisions for topographic, geo[Title 43 RCW—page 426]
logic, and hydrographic surveys of the state in cooperation
with the United States geological survey in such manner as in
his opinion will be of the greatest benefit to the agricultural,
industrial, and geological requirements of the state: PROVIDED, That the director of the United States geological survey agrees to expend on the part of the United States upon
such surveys a sum equal to that expended by the state. [1965
c 8 § 43.92.060. Prior: 1903 c 157 § 1; 1901 c 165 § 6; RRS
§ 5998.]
43.92.070
43.92.070 Topographic map—Stream measurements. In order to complete the topographic map of the state
and for the purpose of making more extensive stream measurements, and otherwise investigating and determining the
water supply of the state, the director may enter into such
agreements with the director of the United States geological
survey as will insure that the surveys and investigations be
carried on in the most economical manner, and that the maps
and data be available for the use of the public as quickly as
possible. [1965 c 8 § 43.92.070. Prior: 1909 c 245 § 1; RRS
§ 5999.]
43.92.080
43.92.080 Entry on lands authorized. In order to carry
out the purposes of this chapter all persons employed hereunder are authorized to enter and cross all land within the state
doing thereby no damage to private property. [1965 c 8 §
43.92.080. Prior: 1909 c 245 § 3; RRS § 6000.]
Chapter 43.96B
Chapter 43.96B RCW
EXPO '74—BOND ISSUE
Sections
STATE PAVILION—BOND ISSUE
43.96B.200 Legislative finding.
43.96B.205 Bond issue—Authorized.
43.96B.210 Bond issue—Issuance and sale of bonds—Form, terms, conditions, etc.—Authority of state finance committee.
43.96B.215 Bond issue—Anticipation notes—Disposition of proceeds—
Acquisition of property by Expo '74 commission authorized.
43.96B.220 Bond issue—Administration of proceeds.
43.96B.225 Bond issue—Redemption fund—Payment of bonds.
43.96B.230 Bond issue—Additional means of payment.
43.96B.235 Bond issue—Legal investment for public funds.
43.96B.240 Appropriation.
43.96B.245 Severability—1973 1st ex.s. c 116.
43.96B.900 Severability—1971 ex.s. c 3.
STATE PAVILION—BOND ISSUE
43.96B.200
43.96B.200 Legislative finding. The legislature finds
that an expansion of the state pavilion at Expo '74 initially
authorized for construction by the 1971 legislature is consistent with the purposes of the exposition and the needs of the
state of Washington in order that the facility produced will
both more adequately serve the state during the exposition
and as a permanent structure for the benefit of the state afterwards. [1973 1st ex.s. c 116 § 1.]
43.96B.205
43.96B.205 Bond issue—Authorized. For the purpose
of providing additional space for the Washington State Pavilion at Expo '74 as determined to be necessary by the Expo '74
commission, including the planning, acquisition, construction, remodeling and equipping, together with all improve(2004 Ed.)
Expo '74—Bond Issue
ments and enhancements of said project, the state finance
committee is authorized to issue general obligation bonds of
the state of Washington in the sum of two million nine hundred thousand dollars, or so much thereof as may be required,
to finance the projects defined in RCW 43.96B.200 through
43.96B.245 and all costs incidental thereto. Such bonds shall
be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the state
Constitution. [1973 1st ex.s. c 116 § 2.]
43.96B.210
43.96B.210 Bond issue—Issuance and sale of
bonds—Form, terms, conditions, etc.—Authority of state
finance committee. The issuance, sale and retirement of said
bonds shall be under the supervision and control of the state
finance committee. The committee is authorized to prescribe
the form, terms, conditions, and covenants of the bonds, the
time or times of sale of all or any portion of them, and the
conditions and manner of their sale, issuance and redemption.
None of the bonds authorized in RCW 43.96B.200 through
43.96B.245 shall be sold for less than the par value thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the issuance of such bonds and notes, if any. Such bonds shall be
payable at such places as the committee may provide. [1973
1st ex.s. c 116 § 3.]
43.96B.215
43.96B.215 Bond issue—Anticipation notes—Disposition of proceeds—Acquisition of property by Expo '74
commission authorized. At the time the state finance committee determines to issue such bonds or a portion thereof, it
may, pending the issuing of such bonds, issue, in the name of
the state, temporary notes in anticipation of the money to be
derived from the sale of the bonds, which notes shall be designated as "anticipation notes". Such portion of the proceeds
of the sale of such bonds that may be required for such purpose shall be applied to the payment of the principal of and
interest on such anticipation notes which have been issued.
The proceeds from the sale of bonds authorized by RCW
43.96B.200 through 43.96B.245 and any interest earned on
the interim investment of such proceeds, shall be deposited in
the state building construction account of the general fund in
the state treasury and shall be used exclusively for the purposes specified in RCW 43.96B.200 through 43.96B.245 and
for the payment of expenses incurred in the issuance and sale
of the bonds. The Expo '74 commission is hereby authorized
to acquire property, real and personal, by lease, purchase[,]
condemnation or gift to achieve the objectives of chapters 1,
2, and 3, Laws of 1971 ex. sess., and RCW 43.96B.200
through 43.96B.245. The commission is further directed pursuant to RCW 43.19.450 to utilize the department of general
administration services to accomplish the purposes set forth
herein. [1973 1st ex.s. c 116 § 4.]
43.96B.900
43.96B.225
43.96B.225 Bond issue—Redemption fund—Payment of bonds. The state building bond redemption fund,
1973-A, is hereby created in the state treasury, which fund
shall be exclusively devoted to the payment of the principal
of and interest on the bonds authorized by RCW 43.96B.200
through 43.96B.245. The state finance committee, shall, on
or before June 30th of each year, certify to the state treasurer
the amount needed in the ensuing twelve months to meet such
bond retirement and interest requirements and on July 1st of
each year the state treasurer shall deposit such amount in the
state building bond redemption fund, 1973-A, from any general state revenues received in the state treasury and certified
by the state treasurer to be general state revenues. Bonds
issued under the provisions of RCW 43.96B.200 through
43.96B.245 shall state that they are a general obligation of the
state of Washington, shall pledge the full faith and credit of
the state to the payment of the principal thereof and the interest thereon and shall contain an unconditional promise to pay
such principal and interest as the same shall become due. The
owner and holder of each of the bonds or the trustee for the
owner and holder of any of the bonds may by a mandamus or
other appropriate proceeding require the transfer and payment of funds as directed herein. [1973 1st ex.s. c 116 § 6.]
43.96B.230
43.96B.230 Bond issue—Additional means of payment. The legislature may provide additional means for raising moneys for the payment of the principal of and interest on
the bonds authorized herein, and RCW 43.96B.200 through
43.96B.245 shall not be deemed to provide an exclusive
method for such payment. [1973 1st ex.s. c 116 § 7.]
43.96B.235
43.96B.235 Bond issue—Legal investment for public
funds. The bonds authorized in RCW 43.96B.200 through
43.96B.245 shall be a legal investment for all state funds or
funds under state control and for all funds of any other public
body. [1973 1st ex.s. c 116 § 8.]
43.96B.240
43.96B.240 Appropriation. There is hereby appropriated to the Expo '74 commission from the state building construction account of the general fund the sum of two million
nine hundred thousand dollars or so much thereof as may be
necessary to accomplish the purposes of RCW 43.96B.200
through 43.96B.245. [1973 1st ex.s. c 116 § 9.]
43.96B.245
43.96B.245 Severability—1973 1st ex.s. c 116. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1973 1st ex.s. c 116 § 10.]
43.96B.900
43.96B.220
43.96B.220 Bond issue—Administration of proceeds.
The principal proceeds from the sale of the bonds or notes
deposited in the state building construction account of the
general fund shall be administered by the Expo '74 commission. [1973 1st ex.s. c 116 § 5.]
(2004 Ed.)
43.96B.900 Severability—1971 ex.s. c 3. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1971 ex.s. c 3 § 9.]
[Title 43 RCW—page 427]
Chapter 43.97
Chapter 43.97
Title 43 RCW: State Government—Executive
Chapter 43.97 RCW
COLUMBIA RIVER GORGE COMPACT
(Formerly: Columbia River Gorge commission)
Sections
43.97.015
43.97.025
43.97.035
Columbia River Gorge Compact—Columbia River Gorge
commission.
Grant of authority—Appointment of members to commission—Vacancies.
Commission members—Compensation—Travel expenses.
43.97.015
43.97.015 Columbia River Gorge Compact—Columbia River Gorge commission. The legislature of the State of
Washington hereby ratifies the Columbia River Gorge Compact set forth below, and the provisions of such compact
hereby are declared to be the law of this state upon such compact becoming effective as provided in Article III.
A compact is entered into by and between the states of
Washington and Oregon, signatories hereto, with the consent
of the Congress of the United States of America, granted by
an Act entitled, "The Columbia River Gorge National Scenic
Area Act," P.L. 99-663.
ARTICLE I
COLUMBIA GORGE COMMISSION ESTABLISHED
a. The States of Oregon and Washington establish by
way of this interstate compact a regional agency known as the
Columbia River Gorge Commission. The commission established in accordance with this compact shall have the power
and authority to perform all functions and responsibilities in
accordance with the provisions of this compact and of the
Columbia River Gorge National Scenic Area Act (the federal
Act), which is incorporated by this specific reference in this
agreement. The commission's powers shall include, but not
be limited to:
1. The power to sue and be sued.
2. The power to disapprove a land use ordinance enacted
by a county if the ordinance is inconsistent with the management plan, as provided in P.L. 96-663, Sec. 7(b)(3)(B).
3. The power to enact a land use ordinance setting standards for the use of nonfederal land in a county within the
scenic area if the county fails to enact land use ordinances
consistent with the management plan, as provided in P.L. 99663, Sec. 7(c).
4. According to the provisions of P.L. 99-663, Sec.
10(c), the power to review all proposals for major development action and new residential development in each county
in the scenic area, except urban areas, and the power to disapprove such development if the commission finds the development is inconsistent with the purposes of P.L. 99-663.
b. The commission shall appoint and remove or discharge such personnel as may be necessary for the performance of the commission's functions, irrespective of the civil
service, personnel or other merit system laws of any of the
party states.
c. The commission may establish and maintain, independently or in conjunction with any one or more of the party
states, a suitable retirement system for its full-time employees. Employees of the commission shall be eligible for social
security coverage in respect of old age and survivors insurance provided that the commission takes such steps as may be
necessary pursuant to federal law to participate in such pro[Title 43 RCW—page 428]
gram of insurance as a governmental agency or unit. The
commission may establish and maintain or participate in such
additional programs of employee benefits as may be appropriate.
d. The commission shall obtain the services of such professional, technical, clerical and other personnel as may be
deemed necessary to enable it to carry out its functions under
this compact. The commission may borrow, accept, or contract for the services of personnel from any state of the United
States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation.
e. Funds necessary to fulfill the powers and duties
imposed upon and entrusted to the commission shall be provided as appropriated by the legislatures of the states in
accordance with Article IV. The commission may also
receive gifts, grants, endowments and other funds from public or private sources as may be made from time to time, in
trust or otherwise, for the use and benefit of the purposes of
the commission and expend the same or any income therefrom according to the terms of the gifts, grants, endowments
or other funds.
f. The commission may establish and maintain such
facilities as may be necessary for the transacting of its business. The commission may acquire, hold and convey real and
personal property and any interest therein.
g. The commission shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power
to amend and rescind these bylaws, rules and regulations.
The commission shall publish its bylaws, rules and regulations in convenient form and shall file a copy thereof and of
any amendment thereto, with the appropriate agency or
officer in each of the party states.
ARTICLE II
THE COMMISSION MEMBERSHIP
a. The commission shall be made up of twelve voting
members appointed by the states, as set forth herein, and one
non-voting member appointed by the U.S. Secretary of Agriculture.
b. Each state governor shall appoint the members of the
commission as provided in the federal Act (three members
who reside in the State of Oregon, including one resident of
the scenic area, to be appointed by the Governor of Oregon,
and three members who reside in the State of Washington,
including one resident of the scenic area, appointed by the
Governor of Washington).
c. One additional member shall be appointed by the governing body of each of the respective counties of Clark, Klickitat, and Skamania in Washington, and Hood River, Multnomah, and Wasco in Oregon, provided that in the event the
governing body of a county fails to make such an appointment, the Governor of the state in which the county is located
shall appoint such a member.
d. The terms of the members and procedure for filling
vacancies shall all be as set forth in the federal Act.
ARTICLE III
EFFECTIVE DATE OF COMPACT AND COMMISSION
This compact shall take effect, and the commission may
exercise its authorities pursuant to the compact and pursuant
(2004 Ed.)
Outdoor Recreational Areas and Facilities—1967 Bond Act (Referendum 18)
to the Columbia River Gorge National Scenic Area Act when
it has been ratified by both states and upon the appointment
of four initial members from each state. The date of this compact shall be the date of the establishment of the commission.
ARTICLE IV
FUNDING
a. The States of Washington and Oregon hereby agree to
provide by separate agreement or statute of each state for
funding necessary to effectuate the commission, including
the establishment of compensation or expenses of commission members from each state which shall be paid by the state
of origin.
b. The commission shall submit to the Governor or designated officer or officers of each party state a budget of its
estimated expenditures for such period as may be required by
the laws of that jurisdiction for presentation to the legislature
thereof.
c. Subject to appropriation by their respective legislatures, the commission shall be provided with such funds by
each of the party states as are necessary to provide the means
of establishing and maintaining facilities, a staff of personnel,
and such activities as may be necessary to fulfill the powers
and duties imposed upon and entrusted to the commission.
d. The commission's proposed budget and expenditures
shall be apportioned equally between the states.
e. The commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements
of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the commission shall be audited yearly by the appropriate state auditing
official and the report of the audit shall be included in and
become a part of the annual report of the commission.
f. The accounts of the commission shall be open at any
reasonable time for inspection by the public.
ARTICLE V
SEVERABILITY
If any provision of this compact, or its application to any
person or circumstance, is held to be invalid, all other provisions of this compact, and the application of all of its provisions to all other persons and circumstances, shall remain
valid, and to this end the provisions of this compact are severable. [1987 c 499 § 1.]
43.97.025
43.97.025 Grant of authority—Appointment of
members to commission—Vacancies. (1) The governor,
the Columbia River Gorge commission, and all state agencies
and counties are hereby directed and provided authority to
carry out their respective functions and responsibilities in
accordance with the compact executed pursuant to RCW
43.97.015, the Columbia River Gorge National Scenic Area
Act, and the provisions of this chapter.
(2) The governor shall appoint three members of the
Columbia River Gorge commission who reside in the state of
Washington, at least one of whom shall be a resident of the
scenic area as defined in the act.
(2004 Ed.)
43.99A.010
(3)(a) The governing bodies of Clark, Klickitat, and Skamania counties shall each appoint one member of the Columbia River Gorge commission.
(b) In the event the governing body of a county fails to
make the appointments prescribed in section 5(a)(c)(1) of
that act and (a) of this subsection, the governor shall appoint
any such member.
(4) Each member appointed by the governor shall be
subject to confirmation by the Washington state senate and
shall serve at the pleasure of the governor until their term
shall expire or until a disqualifying change in residence.
(5) Of those members appointed to the Columbia River
Gorge commission by the governing body of the counties of
Clark, Klickitat, and Skamania, the governor shall designate
one member to serve for a term of five years and one to serve
for six years. Of those members appointed directly by the
governor pursuant to RCW 43.97.015, the governor shall designate one to serve a term of five years and one to serve a
term of six years. All other members shall serve a period of
four years.
Neither the governor nor governing body of any of the
counties may appoint federal, state, or local elected or
appointed officials as members to the Columbia River Gorge
commission.
Vacancies shall be filled in accordance with the appointing procedure for the commission member occupying the seat
before its vacancy. [1987 c 499 § 2.]
43.97.035 Commission members—Compensation—
Travel expenses. Members of the Columbia River Gorge
commission appointed for Washington shall receive compensation for their services pursuant to RCW 43.03.240, and
shall be eligible to receive a subsistence allowance and travel
expenses pursuant to RCW 43.03.050 and 43.03.060, and
regulations adopted pursuant thereto. [1987 c 499 § 3.]
43.97.035
Chapter 43.99A RCW
OUTDOOR RECREATIONAL AREAS AND
FACILITIES—1967 BOND ACT
(REFERENDUM 18)
Chapter 43.99A
Sections
43.99A.010
43.99A.020
43.99A.030
43.99A.040
43.99A.050
43.99A.060
43.99A.070
43.99A.080
43.99A.090
43.99A.100
43.99A.110
Declaration of purpose.
General obligation bonds authorized.
Form of bonds—Rate of interest—Sale and issuance.
Full faith and credit of state pledged—Call prior to due date—
Facsimile signatures.
Disposition of proceeds of sale.
Outdoor recreational bond redemption fund of 1967—Created—Use—Sales tax revenues deposited in.
Proceeds from sale of bonds—Administration—Disposition
and use.
Construction of phrase "acquisition and development of outdoor recreational areas and facilities."
Legislature may provide additional means for payment of
bonds.
Bonds legal investment for funds of state and municipal corporations.
Referral to electorate.
Outdoor recreational facilities—1963 bond act: Chapter 79A.10 RCW.
43.99A.010 Declaration of purpose. The state of
Washington possesses unsurpassed natural wealth in the form
of mountains, forests, and waters, ideal not only for recreation, but for supplying the special kind of spiritual regenera43.99A.010
[Title 43 RCW—page 429]
43.99A.020
Title 43 RCW: State Government—Executive
tion that only close association with the outdoors can provide.
As the state grows in population, this wilderness is increasingly threatened; prompt action is necessary to preserve it
before much of it permanently disappears. Further, the physical expansion of our cities and towns has made it imperative
that outdoor breathing space be set aside and permanently
reserved for the people who live in them. Such breathing
space may take the form of "green belts" especially planned
to relieve the monotony of miles of uninterrupted urban or
suburban development, or it may take the form of traditional
parks. In any case, it must be acquired as soon as possible,
while land is still available; and where appropriate, this land
must be developed in order to meet the recreational needs of
growing numbers of potential users. [1967 ex.s. c 126 § 1.]
43.99A.020
43.99A.020 General obligation bonds authorized.
For the purpose of providing funds for the acquisition and
development of outdoor recreational areas and facilities in
this state, the state finance committee is authorized to issue
general obligation bonds of the state of Washington in the
sum of forty million dollars or so much thereof as may be
required to finance the projects described in RCW
43.99A.070 and 43.99A.080. These bonds shall be paid and
discharged within twenty years of the date of issuance. [1970
ex.s. c 40 § 1; 1967 ex.s. c 126 § 2.]
Effective, when—1970 ex.s. c 40: "Sections 1 and 2 of this 1970 amendatory act shall not become effective unless this act is adopted and ratified at
the referendum election provided for in section 3 of this 1970 amendatory
act." [1970 ex.s. c 40 § 4.]
Referral to electorate—1970 ex.s. c 40: "In the event all of the bonds
authorized by RCW 43.99A.010 through 43.99A.110 have not been issued
on or before September 2, 1970, then this act shall be submitted to the people
for their adoption and ratification, or rejection, at the general election to be
held in this state on the Tuesday next succeeding the first Monday in November, 1970, in accordance with the provisions of section 3, Article VIII of the
state Constitution; and in accordance with the provisions of section 1, Article
II of the state Constitution as amended, and the laws adopted to facilitate the
operation thereof." [1970 ex.s. c 40 § 3.] "This act" [1970 ex.s. c 40] was
adopted and ratified by the people at the November 3, 1970, general election
(Referendum Bill No. 21).
43.99A.030
43.99A.030 Form of bonds—Rate of interest—Sale
and issuance. The state finance committee is authorized to
prescribe the form of the bonds, the maximum rate of interest
the same shall bear, the time of sale of all or any portion of
them, and the conditions of their sale and issuance. None of
the bonds herein authorized shall be sold for less than their
par value. [1970 ex.s. c 40 § 2; 1967 ex.s. c 126 § 3.]
Effective, when—Referral to electorate—1970 ex.s. c 40: See notes
following RCW 43.99A.020.
43.99A.040
43.99A.040 Full faith and credit of state pledged—
Call prior to due date—Facsimile signatures. The bonds
shall pledge the full faith and credit of the state of Washington and shall contain an unconditional promise to pay the
principal and interest when due. The committee may provide
that the bonds, or any of them, may be called prior to their
due date under such terms and conditions as it may determine. The state finance committee may authorize the use of
facsimile signatures in the issuance of the bonds. [1967 ex.s.
c 126 § 4.]
[Title 43 RCW—page 430]
43.99A.050
43.99A.050 Disposition of proceeds of sale. The proceeds from the sale of bonds authorized by this chapter shall
be deposited in the outdoor recreation account of the general
fund and shall be used exclusively for the purposes of carrying out the provisions of the chapter and for payment of the
expense incurred in the issuance and sale of the bonds. [1967
ex.s. c 126 § 5.]
43.99A.060
43.99A.060 Outdoor recreational bond redemption
fund of 1967—Created—Use—Sales tax revenues deposited in. The outdoor recreational bond redemption fund of
1967 is created in the state treasury. This fund shall be exclusively devoted to the payment of interest on and retirement of
the bonds authorized by this chapter. The state finance committee shall, on or before June 30th of each year, certify to the
state treasurer the amount needed in the ensuing twelve
months to meet bond retirement and interest requirements,
and on July 1st of each year the state treasurer shall deposit
such amount in the outdoor recreational bond redemption
fund from moneys transmitted to the state treasurer by the
department of revenue and certified by the department of revenue to be sales tax collections. Such amount certified by the
state finance committee to the state treasurer shall be a prior
charge against all retail sales tax revenues of the state of
Washington, except that portion thereof heretofore pledged
for the payment of bond principal and interest.
The owner and holder of each of the bonds or the trustee
for any of the bonds may by mandamus or other appropriate
proceeding require the transfer and payment of funds as
directed herein. [1971 c 37 § 1; 1967 ex.s. c 126 § 6.]
43.99A.070
43.99A.070 Proceeds from sale of bonds—Administration—Disposition and use. The proceeds from the sale
of bonds deposited in the outdoor recreation account of the
general fund under the terms of RCW 43.99A.050 shall be
administered by the interagency committee for outdoor recreation. All such proceeds shall be divided into two equal
shares. One share shall be allocated for the acquisition and
development of outdoor recreation areas and facilities on
behalf of the state as the legislature may direct by appropriation. The other share shall be allocated to public bodies as
defined in *RCW 43.99.020 for the acquisition and development of outdoor recreational areas and facilities within the
jurisdiction of such public bodies. The interagency committee for outdoor recreation is authorized to use or permit the
use of any funds derived from the sale of bonds authorized
under this chapter as matching funds in any case where federal or other funds are made available on a matching basis for
projects within the purposes of this chapter. [1967 ex.s. c 126
§ 7.]
*Reviser's note: RCW 43.99.020 was recodified as RCW 79A.25.010
pursuant to 1999 c 249 § 1601.
43.99A.080
43.99A.080 Construction of phrase "acquisition and
development of outdoor recreational areas and facilities."
As used in this chapter, the phrase "acquisition and development of outdoor recreational areas and facilities" shall be liberally construed in accordance with the broad interpretation
suggested by RCW 43.99A.010. It shall include, but shall not
be limited to, acquisition of fee simple or any lesser interests
in land, and the development of outdoor areas and facilities
(2004 Ed.)
Outdoor Recreational Areas and Facilities—Bond Issues
for either a single recreational use or multiple recreational
uses. The preservation of land or water areas in an unspoiled
or undeveloped state shall be among the alternatives permissible under this chapter. [1967 ex.s. c 126 § 8.]
43.99A.090 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal and interest of the bonds authorized herein, and this
chapter shall not be deemed to provide an exclusive method
for such payment. [1967 ex.s. c 126 § 9.]
43.99A.090
43.99A.100 Bonds legal investment for funds of state
and municipal corporations. The bonds herein authorized
shall be a legal investment for all state funds or for funds
under state control and for all funds of municipal corporations. [1967 ex.s. c 126 § 10.]
43.99A.100
43.99A.110 Referral to electorate. This chapter shall
be submitted to the people for their adoption and ratification,
or rejection, at the general election to be held in this state on
the Tuesday next succeeding the first Monday in November
1968, in accordance with the provisions of section 3, Article
VIII of the Constitution of the state of Washington, and in
accordance with the provisions of section 1, Article II of the
Constitution of the state of Washington, as amended, and the
laws adopted to facilitate the operation thereof. [1967 ex.s. c
126 § 11.]
43.99B.016
43.99B.042 Severability—1981 c 236.
1979 BOND ISSUE
43.99B.010 General obligation bonds—Authorized—Issuance, sale, terms—Appropriation required.
For the purpose of providing funds for the acquisition and
development of outdoor recreational areas and facilities in
this state, the state finance committee is authorized to issue
general obligation bonds of the state of Washington in the
sum of eight million nine hundred forty-five thousand dollars, or so much thereof as may be required, to finance these
projects and all costs incidental thereto. No bonds authorized
by RCW 43.99B.010 through 43.99B.026 shall be offered for
sale without prior legislative appropriation, and these bonds
shall be paid and discharged within thirty years of the date of
issuance. [1987 1st ex.s. c 3 § 11; 1979 ex.s. c 229 § 1.]
43.99B.010
Severability—1987 1st ex.s. c 3: See RCW 43.99G.901.
43.99A.110
Reviser's note: Chapter 43.99A RCW was adopted and ratified by the
people at the November 5, 1968, general election (Referendum Bill No. 18).
Governor's proclamation declaring approval of measure is dated December
5, 1968. State Constitution Art. 2 § 1(d) provides: ". . . Such measure [initiatives and referendums] shall be in operation on and after the thirtieth day
after the election at which it is approved . . . ."
Chapter 43.99B RCW
OUTDOOR RECREATIONAL AREAS AND
FACILITIES—BOND ISSUES
43.99B.012 Form, terms, conditions, etc., of bonds.
The issuance, sale, and retirement of the bonds shall be under
the supervision and control of the state finance committee.
The committee is authorized to prescribe the form, terms,
conditions, and covenants of the bonds; the time or times of
sale of all or any portion of them; and the conditions and
manner of their sale, issuance, and redemption. None of the
bonds authorized in RCW 43.99B.010 through 43.99B.026
may be sold for less than the par value thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the issuance of the bonds and notes, if any. The bonds shall be payable at such places as the committee may provide. [1979
ex.s. c 229 § 2.]
43.99B.012
Chapter 43.99B
Sections
1979 BOND ISSUE
43.99B.010 General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
43.99B.012 Form, terms, conditions, etc., of bonds.
43.99B.014 Proceeds to be deposited in outdoor recreation account.
43.99B.016 Administration of proceeds.
43.99B.018 Retirement of bonds from outdoor recreational bond redemption fund of 1979—Retirement of bonds from general obligation bond retirement fund—Pledge and promise—Remedies of bondholders.
43.99B.020 Definitions.
43.99B.022 Legislature may provide additional means for payment of
bonds.
43.99B.024 Legal investment for public funds.
43.99B.026 Severability—1979 ex.s. c 229.
1981 BOND ISSUE
43.99B.028 General obligation bonds—Authorized—Issuance, sale
terms—Appropriation required.
43.99B.030 Proceeds to be deposited in outdoor recreation account—Use.
43.99B.032 Administration of proceeds.
43.99B.034 Retirement of bonds from state general obligation bond retirement fund—Pledge and promise—Remedies of bondholders.
43.99B.036 Definitions.
43.99B.038 Legislature may provide additional means for payment of
bonds.
43.99B.040 Legal investment for public funds.
(2004 Ed.)
43.99B.014 Proceeds to be deposited in outdoor recreation account. The proceeds from the sale of the bonds
authorized by RCW 43.99B.010 through 43.99B.026 shall be
deposited in the outdoor recreation account of the general
fund in the state treasury and shall be used exclusively for the
purposes specified in RCW 43.99B.010 through 43.99B.026
and for the payment of expenses incurred in the issuance and
sale of the bonds. [1979 ex.s. c 229 § 3.]
43.99B.014
43.99B.016 Administration of proceeds. The proceeds from the sale of the bonds deposited in the outdoor recreation account of the general fund shall be administered by
the interagency committee for outdoor recreation, subject to
legislative appropriation, and allocated to any agency or
department of the state of Washington and, as grants, to public bodies for the acquisition and development of outdoor recreational areas and facilities within the jurisdiction of the
agencies, departments, or public bodies. The interagency
committee for outdoor recreation may use or permit the use
of any funds derived from the sale of the bonds authorized
under RCW 43.99B.010 through 43.99B.026 as matching
funds in any case where federal, local, or other funds are
made available on a matching basis for projects within the
purposes of RCW 43.99B.010 through 43.99B.026. [1979
ex.s. c 229 § 4.]
43.99B.016
[Title 43 RCW—page 431]
43.99B.018
Title 43 RCW: State Government—Executive
43.99B.018
43.99B.018 Retirement of bonds from outdoor recreational bond redemption fund of 1979—Retirement of
bonds from general obligation bond retirement fund—
Pledge and promise—Remedies of bondholders. The outdoor recreational bond redemption fund of 1979 is hereby
created in the state treasury, which fund shall be used for the
payment of the principal of and interest on the bonds authorized by RCW 43.99B.010 through 43.99B.026. The state
finance committee, shall, on or before June 30th of each year,
certify to the state treasurer the amount needed in the ensuing
twelve months to meet the bond retirement and interest
requirements. Not less than thirty days prior to the date on
which any interest or principal and interest payment is due,
the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the outdoor
recreational bond redemption fund of 1979 an amount equal
to the amount certified by the state finance committee to be
due on the payment date.
If a state general obligation bond retirement fund is created in the state treasury by chapter 230, Laws of 1979 1st ex.
sess. and becomes effective by statute prior to the issuance of
any of the bonds authorized by RCW 43.99B.010 through
43.99B.026, the state general obligation bond retirement fund
shall be used for purposes of RCW 43.99B.010 through
43.99B.026 in lieu of the outdoor recreational bond redemption fund of 1979, and the outdoor recreational bond redemption fund of 1979 shall cease to exist.
Bonds issued under RCW 43.99B.010 through
43.99B.026 shall state that they are a general obligation of the
state of Washington, shall pledge the full faith and credit of
the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay
the principal and interest as the same shall become due. The
owner and holder of each of the bonds or the trustee for the
owner and holder of any of the bonds may by mandamus or
other appropriate proceeding require the transfer and payment of funds as directed in this section. [1979 ex.s. c 229 §
5.]
State general obligation bond retirement fund: RCW 43.83.160.
43.99B.020
43.99B.020 Definitions. As used in RCW 43.99B.010
through 43.99B.026, the phrase "acquisition and development of outdoor recreational areas and facilities" shall be liberally construed and shall include, but shall not be limited to,
acquisition of fee simple or any lesser interests in land, and
the development of outdoor areas and facilities. Swimming
pools constructed with proceeds from these bonds may be
enclosed at the sponsor's expense. The preservation of land or
water areas in an unspoiled or undeveloped state shall be
among the alternatives permissible under RCW 43.99B.010
through 43.99B.026.
As used in RCW 43.99B.010 through 43.99B.026, the
term "public body" means any political subdivision, taxing
district, or municipal corporation of the state of Washington
and those Indian tribes now or hereafter recognized as Indian
tribes by the federal government for participation in the federal land and water conservation program and which may
constitutionally receive grants from the state of Washington.
[1979 ex.s. c 229 § 6.]
[Title 43 RCW—page 432]
43.99B.022
43.99B.022 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.99B.010 through 43.99B.026, and RCW 43.99B.010
through 43.99B.026 shall not be deemed to provide an exclusive method for the payment. [1979 ex.s. c 229 § 7.]
43.99B.024
43.99B.024 Legal investment for public funds. The
bonds authorized in RCW 43.99B.010 through 43.99B.026
shall be a legal investment for all state funds or funds under
state control and for all funds of any other public body. [1979
ex.s. c 229 § 8.]
43.99B.026
43.99B.026 Severability—1979 ex.s. c 229. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 229 § 9.]
1981 BOND ISSUE
43.99B.028
43.99B.028 General obligation bonds—Authorized—Issuance, sale terms—Appropriation required.
For the purpose of providing funds for the acquisition and
development of outdoor recreational areas and facilities in
this state, the state finance committee is authorized to issue
general obligation bonds of the state of Washington in the
sum of thirteen million four hundred thousand dollars, or so
much thereof as may be required, to finance these projects
and all costs incidental thereto. No bonds authorized by RCW
43.99B.028 through 43.99B.040 may be offered for sale
without prior legislative appropriation. [1981 c 236 § 1.]
43.99B.030
43.99B.030 Proceeds to be deposited in outdoor recreation account—Use. The proceeds from the sale of the
bonds authorized by RCW 43.99B.028 through 43.99B.040
shall be deposited in the outdoor recreation account of the
general fund in the state treasury and shall be used exclusively for the purposes specified in RCW 43.99B.028
through 43.99B.040 and for the payment of expenses
incurred in the issuance and sale of the bonds. [1981 c 236 §
2.]
43.99B.032
43.99B.032 Administration of proceeds. The proceeds from the sale of the bonds deposited in the outdoor recreation account of the general fund shall be allocated to the
interagency committee for outdoor recreation as grants to
public bodies for the acquisition and development of outdoor
recreational areas and facilities within the jurisdiction of the
agencies, departments, or public bodies or to any agency or
department of the state of Washington, subject to legislative
appropriation. The interagency committee for outdoor recreation may use or permit the use of any funds derived from the
sale of the bonds authorized under RCW 43.99B.028 through
43.99B.040 as matching funds in any case where federal,
local, or other funds are made available on a matching basis
for projects within the purposes of RCW 43.99B.028 through
43.99B.040. [1981 c 236 § 3.]
(2004 Ed.)
Handicapped Facilities Bond Issue (Referendum 37)
43.99B.034
43.99B.034 Retirement of bonds from state general
obligation bond retirement fund—Pledge and promise—
Remedies of bondholders. The state general obligation
bond retirement fund shall be used for the payment of the
principal of and interest on the bonds authorized by RCW
43.99B.028 through 43.99B.040.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount needed
in the ensuing twelve months to meet the bond retirement and
interest requirements. Not less than thirty days prior to the
date on which any interest or principal and interest payment
is due, the state treasurer shall withdraw from any general
state revenues received in the state treasury and deposit in the
general obligation bond retirement fund an amount equal to
the amount certified by the state finance committee to be due
on the payment date.
Bonds issued under RCW 43.99B.028 through
43.99B.040 shall state that they are a general obligation of the
state of Washington, shall pledge the full faith and credit of
the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay
the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1981 c 236 § 4.]
State general obligation bond retirement fund: RCW 43.83.160.
43.99C.015
state control and for all funds of any other public body. [1981
c 236 § 7.]
43.99B.042
43.99B.042 Severability—1981 c 236. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 236 § 8.]
Chapter 43.99C RCW
HANDICAPPED FACILITIES BOND ISSUE
(REFERENDUM 37)
Chapter 43.99C
Sections
43.99C.010 Declaration.
43.99C.015 General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
43.99C.020 Definitions.
43.99C.025 Bond anticipation notes—Payment.
43.99C.030 Form, terms, conditions, etc., of bonds and notes.
43.99C.035 Pledge and promise.
43.99C.045 Administration of proceeds—Distribution—Transfer of fixed
assets.
43.99C.047 Prohibition of expenditures not submitted in budget document
or schedule—Capital appropriation—Exception—Contents.
43.99C.050 Retirement of bonds and notes from 1979 handicapped facilities bond redemption fund—Retirement of bonds and notes
from state general obligation bond retirement fund.
43.99C.055 Legislature may provide additional means for payment of
bonds.
43.99C.060 Bonds legal investment for public funds.
43.99C.010
43.99B.036
43.99B.036 Definitions. As used in RCW 43.99B.028
through 43.99B.040, the phrase "acquisition and development of outdoor recreational areas and facilities" shall be liberally construed and shall include, but shall not be limited to,
acquisition of fee simple or any lesser interests in land and
the development of outdoor areas and facilities. Swimming
pools constructed with proceeds from these bonds may be
enclosed at the sponsor's expense. The preservation of land or
water areas in an unspoiled or undeveloped state shall be
among the alternatives permissible under RCW 43.99B.028
through 43.99B.040.
As used in RCW 43.99B.028 through 43.99B.040, the
term "public body" means any political subdivision, taxing
district, or municipal corporation of the state of Washington
and those Indian tribes now or hereafter recognized as Indian
tribes by the federal government for participation in the federal land and water conservation program and which may
constitutionally receive grants from the state of Washington.
[1981 c 236 § 5.]
43.99B.038
43.99B.038 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.99B.028 through 43.99B.040, and RCW 43.99B.028
through 43.99B.040 shall not be deemed to provide an exclusive method for the payment. [1981 c 236 § 6.]
43.99B.040
43.99B.040 Legal investment for public funds. The
bonds authorized in RCW 43.99B.028 through 43.99B.038
shall be a legal investment for all state funds or funds under
(2004 Ed.)
43.99C.010 Declaration. The physical and mental
health of the people of the state directly affects the achievement of economic progress and full employment. The establishment of a system of regional and community facilities for
the care, training, and rehabilitation of persons with sensory,
physical, or mental handicaps will provide the improved and
convenient services needed for an efficient work force and a
healthy and secure people. [1979 ex.s. c 221 § 1.]
Severability—1979 ex.s. c 221: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 221 § 13.]
Referral to electorate—1979 ex.s. c 221: "This act shall be submitted
to the people for their adoption and ratification, or rejection, at a special election hereby ordered by the legislature, which election shall be held in conjunction with the next succeeding general election to be held in this state, all
in accordance with the provisions of Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."
[1979 ex.s. c 221 § 14.]
Reviser's note: "This act," chapter 43.99C RCW (1979 ex.s. c 221),
was adopted and ratified by the people at the November 6, 1979, general
election (Referendum Bill No. 37). State Constitution Art. 2 § 1(d) provides:
". . . Such measure [initiatives and referendums] shall be in operation on and
after the thirtieth day after the election at which it is approved . . . ."
43.99C.015
43.99C.015 General obligation bonds—Authorized—Issuance, sale, terms—Appropriation required.
For the purpose of financing the planning, acquisition, construction, renovation, improvement, and equipping of
regional and community facilities for the care, training, and
rehabilitation of persons with sensory, physical, or mental
handicaps, the state finance committee is authorized to issue
and sell general obligation bonds of the state of Washington
in the sum of twenty-five million dollars, or so much thereof
as may be required, to finance these projects and all costs
[Title 43 RCW—page 433]
43.99C.020
Title 43 RCW: State Government—Executive
incidental thereto. No bonds or bond anticipation notes
authorized by this chapter shall be offered for sale without
prior legislative appropriation and the bonds shall be paid and
discharged within thirty years of the date of issuance in
accordance with Article VIII, section 1 of the state Constitution. [1979 ex.s. c 221 § 2.]
Severability—Referral to electorate—1979 ex.s. c 221: See notes following RCW 43.99C.010.
43.99C.020
43.99C.020 Definitions. As used in this chapter, the
term "facilities for the care, training, and rehabilitation of
persons with sensory, physical, or mental handicaps" means
real property and any interest therein, equipment, buildings,
structures, mobile units, parking facilities, utilities, landscaping, and all incidental improvements and appurtenances
thereto, developed and owned by any public body within the
state for purposes of the care, training, and rehabilitation of
persons with sensory, physical, or mental handicaps when
used in the following limited programs as designated by the
department of social and health services: nonprofit group
training homes, community centers, close to home living
units, sheltered workshops, vocational rehabilitation centers,
developmental disability training centers, and community
homes for the mentally ill.
As used in this chapter, the term "public body" means the
state of Washington, or any agency, political subdivision,
taxing district, or municipal corporation thereof. [1979 ex.s.
c 221 § 3.]
Severability—Referral to electorate—1979 ex.s. c 221: See notes following RCW 43.99C.010.
43.99C.025
43.99C.025 Bond anticipation notes—Payment.
When the state finance committee has determined to issue the
general obligation bonds, or a portion thereof, it may, pending the issuance of the bonds, issue in the name of the state
temporary notes in anticipation of the bonds, which notes
shall be designated as "bond anticipation notes." Such portion of the proceeds of the sale of the bonds as may be
required for the payment of principal of and redemption premium, if any, and interest on the notes shall be applied
thereto when the bonds are issued. [1979 ex.s. c 221 § 4.]
Severability—Referral to electorate—1979 ex.s. c 221: See notes following RCW 43.99C.010.
43.99C.030
43.99C.030 Form, terms, conditions, etc., of bonds
and notes. The state finance committee is authorized to
determine the amounts, dates, form, terms, conditions,
denominations, interest rates, maturities, rights and manner
of redemption prior to maturity, registration privileges,
place(s) of payment, and covenants of the bonds and the bond
anticipation notes; the time or times of sale of all or any portion of them; and the conditions and manner of their sale,
issuance, and redemption. [1979 ex.s. c 221 § 5.]
Severability—Referral to electorate—1979 ex.s. c 221: See notes following RCW 43.99C.010.
43.99C.035
43.99C.035 Pledge and promise. Each bond and bond
anticipation note shall state that it is a general obligation of
the state of Washington, shall contain a pledge of the full
faith and credit of the state to the payment of the principal
thereof and the interest thereon, and shall contain the state's
[Title 43 RCW—page 434]
unconditional promise to pay the principal and interest as the
same shall become due. [1979 ex.s. c 221 § 6.]
Severability—Referral to electorate—1979 ex.s. c 221: See notes following RCW 43.99C.010.
43.99C.045
43.99C.045 Administration of proceeds—Distribution—Transfer of fixed assets. Subject to legislative appropriation, all principal proceeds of the bonds and bond anticipation notes authorized in this chapter shall be administered
by the state department of social and health services exclusively for the purposes specified in this chapter and for the
payment of expenses incurred in connection with the sale and
issuance of the bonds and bond anticipation notes.
In carrying out the purposes of this chapter all counties
of the state shall be eligible to participate in the distribution
of the bond proceeds. The share coming to each county shall
be determined by a division among all counties according to
the relation which the population of each county, as shown by
the last federal or official state census, whichever is the later,
bears to the total combined population of all counties, as
shown by such census; except that, each county with a population of less than twelve thousand shall receive an aggregate
amount of up to seventy-five thousand dollars if, through a
procedure established in rule, the department has determined
there is a demonstrated need and the share determined for
such county is less than seventy-five thousand dollars. No
single project in a county with a population of one million or
more shall be eligible for more than fifteen percent of such
county's total distribution of bond proceeds.
In carrying out the purposes specified in this chapter, the
department may use or permit the use of the proceeds by
direct expenditures, grants, or loans to any public body,
including but not limited to grants to a public body as matching funds in any case where federal, local, or other funds are
made available on a matching basis for purposes specified in
this chapter.
In carrying out the purpose of this chapter, fixed assets
acquired under this chapter, and no longer utilized by the program having custody of the assets, may be transferred to
other public bodies either in the same county or another
county. Prior to such transfer the department shall first determine if the assets can be used by another program as designated by the department of social and health services in RCW
43.99C.020. Such programs shall have priority in obtaining
the assets to ensure the purpose of this chapter is carried out.
[1991 c 363 § 121; 1989 c 265 § 1; 1980 c 136 § 1; 1979 ex.s.
c 221 § 8.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Appropriation—1980 c 136: "There is hereby appropriated to the
department of social and health services from the 1979 handicapped facilities construction account in the general fund the sum of twenty-five million
dollars for the purposes of chapter 43.99C RCW. This appropriation shall be
limited by the conditions contained in section 2 of this act." [1980 c 136 § 3.]
Severability—1980 c 136: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1980 c 136 § 4.]
Severability—Referral to electorate—1979 ex.s. c 221: See notes following RCW 43.99C.010.
(2004 Ed.)
Water Supply Facilities—1979 Bond Issue
43.99C.047
43.99C.047 Prohibition of expenditures not submitted in budget document or schedule—Capital appropriation—Exception—Contents. (1) No expenditure of funds
shall be allowed for facilities for the care, training, and rehabilitation of persons with sensory, physical, or mental handicaps which have not been submitted to the legislature in a
budget document or schedule as specified in RCW
43.88.030(3), and have been approved through a capital
appropriation; except that, the fiscal committees of the legislature may approve such facilities which have been, not later
than December 1, 1980, verified by the department of social
and health services as meeting the assessed need of a county
and being ready to proceed.
(2) In order to assure compliance with RCW
43.99C.045, such document or schedule shall indicate the
population of each county, all requests submitted from each
county for participation in the distribution of the bond proceeds, the requests which are proposed to be accepted, and
the basis for acceptance. [1980 c 136 § 2.]
Appropriation—Severability—1980 c 136: See notes following
RCW 43.99C.045.
43.99C.050
43.99C.050 Retirement of bonds and notes from 1979
handicapped facilities bond redemption fund—Retirement of bonds and notes from state general obligation
bond retirement fund. The 1979 handicapped facilities
bond redemption fund, hereby created in the state treasury,
shall be used for the purpose of the payment of the principal
of and redemption premium, if any, and interest on the bonds
and the bond anticipation notes authorized to be issued under
this chapter.
The state finance committee, on or before June 30 of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and interest coming due on the bonds.
Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer
shall withdraw from any general state revenue received in the
state treasury and deposit in the 1979 handicapped facilities
bond redemption fund an amount equal to the amount certified by the state finance committee to be due on the payment
date.
If a state general obligation bond retirement fund is created in the state treasury by chapter 230, Laws of 1979 ex.
sess., and becomes effective by statute prior to the issuance of
any of the bonds authorized by this chapter, the state general
obligation bond retirement fund shall be used for purposes of
this chapter in lieu of the 1979 handicapped facilities bond
redemption fund, and the 1979 handicapped facilities bond
redemption fund shall cease to exist. [1979 ex.s. c 221 § 9.]
Severability—Referral to electorate—1979 ex.s. c 221: See notes following RCW 43.99C.010.
State general obligation bond retirement fund: RCW 43.83.160.
43.99C.055
43.99C.055 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of and the interest on the bonds authorized in this
chapter, and this chapter shall not be deemed to provide an
exclusive method for the payment. [1979 ex.s. c 221 § 10.]
(2004 Ed.)
43.99D.020
Severability—Referral to electorate—1979 ex.s. c 221: See notes following RCW 43.99C.010.
43.99C.060
43.99C.060 Bonds legal investment for public funds.
The bonds authorized in this chapter shall constitute a legal
investment for all state funds or for funds under state control
and all funds of municipal corporations. [1979 ex.s. c 221 §
11.]
Severability—Referral to electorate—1979 ex.s. c 221: See notes following RCW 43.99C.010.
Chapter 43.99D RCW
WATER SUPPLY FACILITIES—1979 BOND ISSUE
Chapter 43.99D
Sections
43.99D.005 Transfer of duties to the department of health.
43.99D.010 Declaration.
43.99D.015 General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
43.99D.020 Proceeds to be deposited in state and local improvements
revolving account—Water supply facilities.
43.99D.025 Administration of proceeds—Use of funds.
43.99D.030 Definitions.
43.99D.035 Form, terms, conditions, etc., of bonds.
43.99D.040 Anticipation notes—Payment—Pledge and promise—Seal.
43.99D.045 Retirement of bonds from 1979 water supply facilities bond
redemption fund—Retirement of bonds from state general
obligation bond retirement fund—Remedies of bondholders.
43.99D.050 Legislature may provide additional means for payment of
bonds.
43.99D.055 Bonds legal investment for public funds.
43.99D.900 Severability—1979 ex.s. c 258.
43.99D.005
43.99D.005 Transfer of duties to the department of
health. The powers and duties of the department of social
and health services under this chapter shall be performed by
the department of health. [1989 1st ex.s. c 9 § 241.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
43.99D.010
43.99D.010 Declaration. The development goals for
the state of Washington must include the provision of those
supportive public services necessary for the development and
expansion of industry, commerce, and employment, including the furnishing of an adequate supply of water for domestic and industrial purposes. [1979 ex.s. c 258 § 1.]
43.99D.015 General obligation bonds—Authorized—Issuance, sale, terms—Appropriation required.
For the purpose of providing funds for the planning, acquisition, construction, and improvement of water supply facilities
within the state, the state finance committee is authorized to
issue general obligation bonds of the state of Washington in
the sum of ten million dollars or so much thereof as may be
required to finance the improvements defined in this chapter
and all costs incidental thereto. These bonds shall be paid and
discharged within thirty years of the date of issuance. No
bonds authorized by this chapter shall be offered for sale
without prior legislative appropriation of the proceeds of
such bonds to be sold. [1979 ex.s. c 258 § 2.]
43.99D.015
43.99D.020 Proceeds to be deposited in state and
local improvements revolving account—Water supply
facilities. The proceeds from the sale of bonds authorized by
this chapter, and any interest earned on the interim invest43.99D.020
[Title 43 RCW—page 435]
43.99D.025
Title 43 RCW: State Government—Executive
ment of the proceeds, shall be deposited in the state and local
improvements revolving account—water supply facilities in
the general fund and shall be used exclusively for the purpose
specified in this chapter and for payment of the expenses
incurred in the issuance and sale of the bonds. [1979 ex.s. c
258 § 3.]
43.99D.025
43.99D.025 Administration of proceeds—Use of
funds. The proceeds from the sale of the bonds deposited in
the state and local improvements revolving account—water
supply facilities of the general fund under the terms of this
chapter shall be administered by the state department of
health subject to legislative appropriation. The department
may use or permit the use of any funds derived from the sale
of bonds authorized under this chapter to accomplish the purpose for which the bonds are issued by direct expenditures
and by grants or loans to public bodies, including grants to
public bodies as matching funds in any case where federal,
local, or other funds are made available on a matching basis
for improvements within the purposes of this chapter. [1991
c 3 § 301; 1979 ex.s. c 258 § 4.]
43.99D.030
43.99D.030 Definitions. As used in this chapter, the
term "water supply facilities" means municipal and industrial
water supply and distribution systems including, but not limited to, all equipment, utilities, structures, real property, and
interests in and improvements on real property, necessary for
or incidental to the acquisition, construction, installation, or
use of any municipal and industrial water supply or distribution system.
As used in this chapter, the term "public body" means the
state of Washington, or any agency, political subdivision,
taxing district, or municipal corporation thereof, an agency of
the federal government, and those Indian tribes now or hereafter recognized as such by the federal government for participation in the federal land and water conservation program
and which may constitutionally receive grants or loans from
the state of Washington. [1979 ex.s. c 258 § 5.]
committee may authorize the use of a printed facsimile of the
seal of the state of Washington in the issuance of the bonds
and notes. [1979 ex.s. c 258 § 7.]
43.99D.045
43.99D.045 Retirement of bonds from 1979 water
supply facilities bond redemption fund—Retirement of
bonds from state general obligation bond retirement
fund—Remedies of bondholders. The 1979 water supply
facilities bond redemption fund is created in the state treasury. This fund shall be used for the payment of interest on
and retirement of the bonds authorized by this chapter. The
state finance committee shall, on or before June 30th of each
year, certify to the state treasurer the amount needed in the
ensuing twelve months to meet the bond retirement and interest requirements. Not less than thirty days prior to the date on
which any interest or principal and interest payment is due,
the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the 1979
water supply facilities bond redemption fund an amount
equal to the amount certified by the state finance committee
to be due on the payment date.
If a state general obligation bond retirement fund is created in the state treasury by chapter 230, Laws of 1979 1st ex.
sess., and becomes effective by statute prior to the issuance of
any of the bonds authorized by this chapter, the state general
obligation bond retirement fund shall be used for purposes of
this chapter in lieu of the 1979 water supply facilities bond
redemption fund, and the water supply facilities bond
redemption fund shall cease to exist.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1979 ex.s. c
258 § 8.]
State general obligation bond retirement fund: RCW 43.83.160.
43.99D.035
43.99D.035 Form, terms, conditions, etc., of bonds.
The state finance committee shall prescribe the form, terms,
conditions, and covenants of the bonds, the time or times of
sale of all or any portion of them, and the conditions and
manner of their sale and issuance. None of the bonds authorized by this chapter shall be sold for less than their par value.
[1979 ex.s. c 258 § 6.]
43.99D.050
43.99D.050 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal and interest of the bonds authorized in this chapter,
and this chapter shall not be deemed to provide an exclusive
method for such payment. [1979 ex.s. c 258 § 9.]
43.99D.040
43.99D.040 Anticipation notes—Payment—Pledge
and promise—Seal. When the state finance committee has
decided to issue such bonds or a portion thereof, it may,
pending the issuing of the bonds, issue, in the name of the
state, temporary notes in anticipation of the money to be
derived from the sale of such bonds, which notes shall be designated as "anticipation notes." Such portion of the proceeds
of the sale of the bonds as may be required for such purpose
shall be applied to the payment of the principal of and interest
on the anticipation notes which have been issued. The bonds
and notes shall pledge the full faith and credit of the state of
Washington and shall contain an unconditional promise to
pay the principal and interest when due. The state finance
[Title 43 RCW—page 436]
43.99D.055
43.99D.055 Bonds legal investment for public funds.
The bonds authorized by this chapter shall be a legal investment for all state funds or for funds under state control and
for all funds of any other public body. [1979 ex.s. c 258 §
10.]
43.99D.900
43.99D.900 Severability—1979 ex.s. c 258. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 258 § 13.]
(2004 Ed.)
Water Supply Facilities—1980 Bond Issue (Referendum 38)
Chapter 43.99E RCW
WATER SUPPLY FACILITIES—1980 BOND ISSUE
(REFERENDUM 38)
Chapter 43.99E
Sections
43.99E.005 Transfer of duties to the department of health.
43.99E.010 Declaration.
43.99E.015 General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
43.99E.020 Deposit of proceeds in state and local improvements revolving
account—Water supply facilities—Use.
43.99E.025 Administration of proceeds.
43.99E.030 Definitions.
43.99E.035 Form, terms, conditions, etc., of bonds.
43.99E.040 Anticipation notes—Payment—Pledge and promise—Seal.
43.99E.045 Retirement of bonds from public water supply facilities bond
redemption fund—Remedies of bondholders—Debt-limit
general fund bond retirement account.
43.99E.050 Legislature may provide additional means for payment of
bonds.
43.99E.055 Bonds legal investment for public funds.
43.99E.900 Severability—1979 ex.s. c 234.
43.99E.030
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
Intent—1989 c 136: See note following RCW 43.83A.020.
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
43.99E.020
43.99E.020 Deposit of proceeds in state and local
improvements revolving account—Water supply facilities—Use. The proceeds from the sale of bonds authorized
by this chapter shall be deposited in the state and local
improvements revolving account—water supply facilities
hereby created in the general fund and shall be used exclusively for the purpose specified in this chapter and for payment of the expenses incurred in the issuance and sale of the
bonds. [1979 ex.s. c 234 § 3.]
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
43.99E.025
43.99E.005
43.99E.005 Transfer of duties to the department of
health. The powers and duties of the department of social
and health services under this chapter shall be performed by
the department of health. [1989 1st ex.s. c 9 § 242.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
43.99E.010
43.99E.010 Declaration. The long-range development
goals for the state of Washington must include the provision
of those supportive public services necessary for the development and expansion of industry, commerce, and employment
including the furnishing of an adequate supply of water for
domestic, industrial, agricultural, municipal, fishery, recreational, and other beneficial uses. [1979 ex.s. c 234 § 1.]
Referral to electorate—1979 ex.s. c 234: "This act shall be submitted
to the people for their adoption and ratification, or rejection, at the general
election to be held in this state on the Tuesday next succeeding the first Monday in November, 1980, in accordance with Article VIII, section 3 of the
state Constitution, in accordance with Article II, section 1 of the state Constitution, and the laws adopted to facilitate the operation thereof." [1979
ex.s. c 234 § 12.]
Reviser's note: "This act," chapter 43.99E RCW (1979 ex.s. c 234),
was adopted and ratified by the people at the November 4, 1980, general
election (Referendum Bill No. 38). State Constitution Art. 2 § 1(d) provides:
". . . Such measure [initiatives and referendums] shall be in operation on and
after the thirtieth day after the election at which it is approved . . . ."
43.99E.025 Administration of proceeds. The proceeds from the sale of the bonds deposited in the state and
local improvements revolving account—water supply facilities of the general fund under the terms of this chapter shall
be divided into two shares as follows:
(1) Seventy-five million dollars, or so much thereof as
may be required, shall be used for domestic, municipal, and
industrial water supply facilities; and
(2) Fifty million dollars, or so much thereof as may be
required, shall be used for water supply facilities for agricultural use alone or in combination with fishery, recreational,
or other beneficial uses of water.
The share of seventy-five million dollars shall be administered by the department of health and the share of fifty million dollars shall be administered by the department of ecology, subject to legislative appropriation. The administering
departments may use or permit the use of any funds derived
from the sale of bonds authorized under this chapter to
accomplish the purpose for the issuance of the bonds by
direct expenditures and by grants or loans to public bodies,
including grants to public bodies as matching funds in any
case where federal, local, or other funds are made available
on a matching basis for improvements within the purposes of
this chapter. [1991 c 3 § 302; 1979 ex.s. c 234 § 4.]
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
43.99E.015
43.99E.015 General obligation bonds—Authorized—Issuance, sale, terms—Appropriation required.
For the purpose of providing funds for the planning, acquisition, construction, and improvement of water supply facilities
within the state, the state finance committee is authorized to
issue general obligation bonds of the state of Washington in
the sum of sixty-five million dollars, or so much thereof as
may be required, to finance the improvements defined in this
chapter and all costs incidental thereto. These bonds shall be
paid and discharged within thirty years of the date of issuance
in accordance with Article VIII, section 1 of the state Constitution. No bonds authorized by this chapter may be offered
for sale without prior legislative appropriation of the proceeds of the bonds to be sold. [1990 1st ex.s. c 15 § 8. Prior:
1989 1st ex.s. c 14 § 11; 1989 c 136 § 4; 1979 ex.s. c 234 § 2.]
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
(2004 Ed.)
43.99E.030
43.99E.030 Definitions. As used in this chapter, the
term "water supply facilities" means domestic, municipal,
industrial, and agricultural (and any associated fishery, recreational, or other beneficial use) water supply or distribution
systems including but not limited to all equipment, utilities,
structures, real property, and interests in and improvements
on real property necessary for or incidental to the acquisition,
construction, installation, or use of any such water supply or
distribution system.
As used in this chapter, the term "public body" means the
state of Washington or any agency, political subdivision, taxing district, or municipal or public corporation thereof; a
board of joint control; an agency of the federal government;
and those Indian tribes which may constitutionally receive
grants or loans from the state of Washington. [1996 c 320 §
21; 1979 ex.s. c 234 § 5.]
[Title 43 RCW—page 437]
43.99E.035
Title 43 RCW: State Government—Executive
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
43.99E.035
43.99E.035 Form, terms, conditions, etc., of bonds.
The state finance committee is authorized to prescribe the
forms, terms, conditions, and covenants of the bonds; the
time or times of sale of all or any portion of them; and the
conditions and manner of their sale and issuance. [1989 c
136 § 5; 1979 ex.s. c 234 § 6.]
Intent—1989 c 136: See note following RCW 43.83A.020.
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
State general obligation bond retirement fund: RCW 43.83.160.
43.99E.050
43.99E.050 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal and interest of the bonds authorized in this chapter,
and this chapter shall not be considered to provide an exclusive method for the payment. [1979 ex.s. c 234 § 9.]
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
43.99E.040
43.99E.040 Anticipation notes—Payment—Pledge
and promise—Seal. When the state finance committee has
decided to issue the bonds, or a portion of the bonds, it may,
pending the issuance of the bonds, issue, in the name of the
state, temporary notes in anticipation of the money to be
derived from the sale of the bonds, which notes shall be designated as "anticipation notes". The portion of the proceeds
of the sale of the bonds as may be required for this purpose
shall be applied to the payment of the principal of and interest
on the anticipation notes which have been issued. The bonds
and notes shall pledge the full faith and credit of the state of
Washington and shall contain an unconditional promise to
pay the principal and interest when due. The state finance
committee may authorize the use of a printed facsimile of the
seal of the state of Washington in the issuance of the bonds
and notes. [1979 ex.s. c 234 § 7.]
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
43.99E.045
43.99E.045 Retirement of bonds from public water
supply facilities bond redemption fund—Remedies of
bondholders—Debt-limit general fund bond retirement
account. The public water supply facilities bond redemption
fund is created in the state treasury. This fund shall be exclusively devoted to the payment of interest on and retirement of
the bonds authorized by this chapter. The state finance committee shall, on or before June 30th of each year, certify to the
state treasurer the amount needed in the ensuing twelve
months to meet the bond retirement and interest requirements. Not less than thirty days prior to the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the public water
supply facilities bond redemption fund an amount equal to
the amount certified by the state finance committee to be due
on the payment date. The owner and holder of each of the
bonds or the trustee for the owner and holder of any of the
bonds may by mandamus or other appropriate proceeding
require the transfer and payment of funds as directed in this
section.
If a debt-limit general fund bond retirement account is
created in the state treasury by chapter 456, Laws of 1997 and
becomes effective prior to the issuance of any of the bonds
authorized by this chapter, the debt-limit general fund bond
retirement account shall be used for the purposes of this chapter in lieu of the public water supply facilities bond redemption fund. [1997 c 456 § 13; 1979 ex.s. c 234 § 8.]
Severability—1997 c 456: See RCW 43.99L.900.
[Title 43 RCW—page 438]
43.99E.055 Bonds legal investment for public funds.
The bonds authorized in this chapter shall be a legal investment for all state funds or for funds under state control and
for all funds of any other public body. [1979 ex.s. c 234 §
10.]
43.99E.055
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
43.99E.900
43.99E.900 Severability—1979 ex.s. c 234. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 234 § 11.]
Referral to electorate—1979 ex.s. c 234: See note following RCW
43.99E.010.
Chapter 43.99F RCW
WASTE DISPOSAL FACILITIES—1980 BOND ISSUE
(REFERENDUM 39)
Chapter 43.99F
Sections
43.99F.010
43.99F.020
43.99F.030
43.99F.040
43.99F.050
43.99F.060
43.99F.070
43.99F.080
43.99F.090
43.99F.100
43.99F.110
Declaration.
General obligation bonds—Authorized—Issuance, sale,
terms—Appropriation required.
Deposit of proceeds in state and local improvements revolving account, Waste Disposal Facilities, 1980—Use.
Administration of proceeds.
Definitions.
Form, terms, conditions, etc., of bonds.
Anticipation notes—Payment—Pledge and promise—Seal.
Retirement of bonds from waste disposal facilities bond
redemption fund—Remedies of bondholders—Debt-limit
general fund bond retirement account.
Legislature may provide additional means for payment of
bonds.
Bonds legal investment for public funds.
Referral to electorate.
43.99F.010
43.99F.010 Declaration. The long-range development
goals for the state of Washington must include the protection
of the resources and environment of the state, the health and
safety of its people, and the beneficial uses of water by providing facilities and systems, among others, for the general
control, collection, treatment, or disposal of nonradioactive
solid and nonradioactive liquid waste materials. The purpose
of this chapter is to assist the state and local governments in
providing that protection but it is not the purpose of this chapter to provide funding for facilities which encourage development. A high priority in the expenditure of these funds shall
be the protection of sole-source aquifers designated pursuant
to the federal Safe Drinking Water Act (88 Stat. 1660) which
(2004 Ed.)
Waste Disposal Facilities—1980 Bond Issue (Referendum 39)
aquifers have been designated as of July 24, 1983. [1983 c
269 § 1; 1980 c 159 § 1.]
43.99F.020
43.99F.020 General obligation bonds—Authorized—
Issuance, sale, terms—Appropriation required. For the
purpose of providing funds to public bodies for the planning,
design, acquisition, construction, and improvement of public
waste disposal and management facilities, or for purposes of
assisting a public body to obtain an ownership interest in
waste disposal and management facilities and/or to defray a
part of the payments made by a public body to a service provider under a service agreement entered into pursuant to
RCW 70.150.060, in this state, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of three hundred thirty million dollars, or so much thereof as may be required, to finance the
improvements defined in this chapter and all costs incidental
thereto. The department may not use or permit the use of any
funds derived from the sale of bonds authorized by this chapter for: (1) the support of a solid waste recycling activity or
service in a locale if the department determines that the activity or service is reasonably available to persons within that
locale from private enterprise; or (2) the construction of
municipal wastewater facilities unless said facilities have
been approved by a general purpose unit of local government
in accordance with chapter 36.94 RCW, chapter 35.67 RCW,
or RCW 57.16.010. These bonds shall be paid and discharged
within thirty years of the date of issuance. No bonds authorized by this chapter shall be offered for sale without prior
legislative appropriation of the proceeds of the bonds to be
sold. [1996 c 230 § 1611; 1990 1st ex.s. c 15 § 9. Prior: 1989
1st ex.s. c 14 § 12; 1989 c 136 § 6; 1987 c 436 § 2; 1980 c 159
§ 2.]
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
Intent—1989 c 136: See note following RCW 43.83A.020.
43.99F.030
43.99F.030 Deposit of proceeds in state and local
improvements revolving account, Waste Disposal Facilities, 1980—Use. The proceeds from the sale of bonds authorized by this chapter shall be deposited in the state and local
improvements revolving account, Waste Disposal Facilities,
1980 hereby created in the state treasury and shall be used
exclusively for the purpose specified in this chapter and for
payment of the expenses incurred in the issuance and sale of
the bonds. [1991 sp.s. c 13 § 44; 1985 c 57 § 56; 1980 c 159
§ 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.99F.040
43.99F.040 Administration of proceeds. The proceeds
from the sale of the bonds deposited in the state and local
improvements revolving account, Waste Disposal Facilities,
1980 of the general fund under the terms of this chapter shall
be administered by the state department of ecology subject to
legislative appropriation. The department may use or permit
(2004 Ed.)
43.99F.050
the use of any funds derived from the sale of bonds authorized under this chapter to accomplish the purpose for which
the bonds are issued by direct expenditures and by grants or
loans to public bodies, including grants to public bodies as
cost-sharing funds in any case where federal, local, or other
funds are made available on a cost-sharing basis for improvements within the purposes of this chapter. The department
shall ensure that funds derived from the sale of bonds authorized under this chapter do not constitute more than seventyfive percent of the total cost of any waste disposal or management facility. Not more than two percent of the proceeds of
the bond issue may be used by the department of ecology in
relation to the administration of the expenditures, grants, and
loans.
At least one hundred fifty million dollars of the proceeds
of the bonds authorized by this chapter shall be used exclusively for waste management systems capable of producing
renewable energy or energy savings as a result of the management of the wastes. "Renewable energy" means, but is not
limited to, the production of steam, hot water for steam heat,
electricity, cogeneration, gas, or fuel through the use of
wastes by incineration, refuse-derived fuel processes, pyrolysis, hydrolysis, or bioconversion, and energy savings through
material recovery from waste source separation and/or recycling.
Integration of the management and operation of systems
for solid waste disposal with systems of liquid waste disposal
holds promise of improved waste disposal efficiency and
greater environmental protection and restoration. To encourage the planning for and development of such integration, the
department may provide for special grant incentives to public
bodies which plan for or operate integrated waste disposal
management systems.
Funds provided for waste disposal and management
facilities under this chapter may be used for payments to a
service provider under a service agreement pursuant to RCW
70.150.060. If funds are to be used for such payments, the
department may make periodic disbursements to a public
body or may make a single lump sum disbursement. Disbursements of funds with respect to a facility owned or operated by a service provider shall be equivalent in value to disbursements that would otherwise be made if that facility were
owned or operated by a public body. Payments under this
chapter for waste disposal and management facilities made to
public bodies entering into service agreements pursuant to
RCW 70.150.060 shall not exceed amounts paid to public
bodies not entering into service agreements. [1998 c 245 §
80; 1996 c 37 § 1; 1987 c 436 § 3; 1980 c 159 § 4.]
43.99F.050
43.99F.050 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Waste disposal and management facilities" means
any facilities or systems for the control, collection, storage,
treatment, disposal, recycling, or recovery of nonradioactive
liquid wastes or nonradioactive solid wastes, or a combination thereof, including but not limited to, sanitary sewage,
storm water, residential, industrial, commercial, and agricultural wastes, and concentrations of organic sediments waste,
inorganic nutrients, and toxic materials which are causing
environmental degradation and loss of the beneficial use of
[Title 43 RCW—page 439]
43.99F.060
Title 43 RCW: State Government—Executive
the environment, and material segregated into recyclables
and nonrecyclables. Waste disposal and management facilities may include all equipment, utilities, structures, real property, and interest in and improvements on real property necessary for or incidental to such purpose. As used in this chapter, the phrase "waste disposal and management facilities"
shall not include the acquisition of equipment used to collect
residential or commercial garbage.
(2) "Public body" means the state of Washington or any
agency, political subdivision, taxing district, or municipal
corporation thereof, an agency of the federal government,
and those Indian tribes now or hereafter recognized as such
by the federal government.
(3) "Control" means those measures necessary to maintain and/or restore the beneficial uses of polluted land and
water resources including, but not limited to, the diversion,
sedimentation, flocculation, dredge and disposal, or containment or treatment of nutrients, organic waste, and toxic material to restore the beneficial use of the state's land and water
resources and prevent the continued pollution of these
resources.
(4) "Planning" means the development of comprehensive plans for the purpose of identifying statewide or regional
needs for specific waste disposal facilities as well as the
development of plans specific to a particular project.
(5) "Department" means the department of ecology.
[1987 c 436 § 4; 1980 c 159 § 5.]
43.99F.060
43.99F.060 Form, terms, conditions, etc., of bonds.
The state finance committee is authorized to prescribe the
form, terms, conditions, and covenants of the bonds, the time
or times of sale of all or any portion of them, and the conditions and manner of their sale and issuance. [1989 c 136 § 7;
1980 c 159 § 6.]
Intent—1989 c 136: See note following RCW 43.83A.020.
the bond anticipation notes authorized to be issued under this
chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and interest coming due on the bonds.
Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the waste disposal facilities
bond redemption fund an amount equal to the amount certified by the state finance committee to be due on the payment
date. The owner and holder of each of the bonds or the trustee
for any of the bonds may by mandamus or other appropriate
proceeding require the transfer and payment of funds as
directed in this chapter.
If a debt-limit general fund bond retirement account is
created in the state treasury by chapter 456, Laws of 1997 and
becomes effective prior to the issuance of any of the bonds
authorized by this chapter, the debt-limit general fund bond
retirement account shall be used for the purposes of this chapter in lieu of the waste disposal facilities bond redemption
fund. [1997 c 456 § 14; 1980 c 159 § 8.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.99F.090 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal and interest of the bonds authorized in this chapter,
and this chapter shall not be deemed to provide an exclusive
method for such payment. [1980 c 159 § 9.]
43.99F.090
43.99F.100 Bonds legal investment for public funds.
The bonds authorized in this chapter shall be a legal investment for all state funds or for funds under state control and
for all funds of any other public body. [1980 c 159 § 10.]
43.99F.100
43.99F.070
43.99F.070 Anticipation notes—Payment—Pledge
and promise—Seal. When the state finance committee has
decided to issue the bonds, or a portion thereof, it may, pending the issuing of the bonds, issue, in the name of the state,
temporary notes in anticipation of the money to be derived
from the sale of the bonds, which notes shall be designated as
"anticipation notes." Such portion of the proceeds of the sale
of the bonds as may be required for this purpose shall be
applied to the payment of the principal of and interest on any
of these anticipation notes which have been issued. The
bonds and notes shall pledge the full faith and credit of the
state of Washington and shall contain an unconditional promise to pay the principal and interest when due. The state
finance committee may authorize the use of a printed facsimile of the seal of the state of Washington in the issuance of the
bonds and notes. [1980 c 159 § 7.]
43.99F.110 Referral to electorate. This act shall be
submitted to the people for their adoption and ratification, or
rejection, at the general election to be held in this state on the
Tuesday next succeeding the first Monday in November,
1980, in accordance with the provisions of Article VIII, section 3, of the Constitution of the state of Washington, and in
accordance with the provisions of Article II, section 1, of the
Constitution of the state of Washington, as amended, and the
laws adopted to facilitate the operation thereof. [1980 c 159
§ 12.]
43.99F.110
Reviser's note: "This act," chapter 43.99F RCW, was adopted and ratified by the people at the November 4, 1980, general election (Referendum
Bill No. 39). State Constitution Art. 2 § 1(d) provides: ". . . Such measure
[initiatives and referendums] shall be in operation on and after the thirtieth
day after the election at which it is approved . . . ."
Chapter 43.99G
43.99F.080
43.99F.080 Retirement of bonds from waste disposal
facilities bond redemption fund—Remedies of bondholders—Debt-limit general fund bond retirement account.
The waste disposal facilities bond redemption fund shall be
used for the purpose of the payment of the principal of and
redemption premium, if any, and interest on the bonds and
[Title 43 RCW—page 440]
Chapter 43.99G RCW
BONDS FOR CAPITAL PROJECTS
Sections
1985 BOND ISSUE
43.99G.010 General obligation bonds authorized—Terms—Appropriation
required—Short-term obligations.
(2004 Ed.)
Bonds for Capital Projects
43.99G.020 Conditions and limitations—Deposit of proceeds—Administration.
43.99G.030 Retirement of bonds from debt-limit general fund bond retirement account.
43.99G.040 Retirement of bonds from nondebt-limit reimbursable bond
retirement account.
43.99G.050 Retirement of bonds from debt-limit general fund bond retirement account.
43.99G.060 Pledge and promise—Remedies of bondholders.
43.99G.070 Institutions of higher education—Apportionment of principal
and interest payments—Transfer of moneys to general fund.
43.99G.080 Legislature may provide additional means for payment of
bonds.
43.99G.090 Bonds legal investment for public funds.
1987 BOND ISSUE
43.99G.100 General obligation bonds authorized—Terms—Appropriation
required—Short-term obligations.
43.99G.102 Conditions and limitations—Deposit of proceeds—Administration.
43.99G.104 Retirement of bonds from debt-limit general fund bond retirement account.
43.99G.108 Pledge and promise—Remedies of bondholders.
43.99G.112 Legislature may provide additional means for payment of
bonds.
43.99G.114 Bonds legal investment for public funds.
2002 BOND ISSUE
43.99G.120 General obligation bonds authorized.
43.99G.122 Proceeds—Deposit—Use.
43.99G.124 Retirement of bonds from debt-limit general fund bond retirement account.
43.99G.126 Pledge and promise—Remedies of bondholders.
43.99G.128 Additional means for payment of bonds.
43.99G.130 Bonds legal investment for public funds.
CONSTRUCTION
43.99G.900
43.99G.901
43.99G.902
43.99G.903
Severability—1985 ex.s. c 4.
Severability—1987 1st ex.s. c 3.
Severability—2002 c 240.
Effective date—2002 c 240.
1985 BOND ISSUE
43.99G.010
43.99G.010 General obligation bonds authorized—
Terms—Appropriation required—Short-term obligations. The state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of
two hundred eighty-five million eight hundred fifty-one thousand dollars, or so much thereof as may be required, to
finance the projects authorized in RCW 43.99G.020 and all
costs incidental thereto.
Bonds authorized in this section shall be sold in such
manner, at such time or times, in such amounts and at such
price as the state finance committee shall determine. No such
bonds may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds. The state
finance committee may obtain insurance or letters of credit
and may authorize the execution and delivery of agreements,
promissory notes, and other obligations for the purpose of
insuring the payment or enhancing the marketability of bonds
authorized in this section. Promissory notes or other obligations issued pursuant to this section shall not constitute a debt
or the contracting of indebtedness under any constitutional or
statutory indebtedness limitation if their payment is conditioned upon the failure of the state to pay the principal of or
interest on the bonds with respect to which the same relate.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the purpose
(2004 Ed.)
43.99G.020
of retiring the bonds during the life of the project for which
they were issued. [1985 ex.s. c 4 § 1.]
43.99G.020
43.99G.020 Conditions and limitations—Deposit of
proceeds—Administration. Bonds issued under RCW
43.99G.010 are subject to the following conditions and limitations:
(1) General obligation bonds of the state of Washington
in the sum of thirty-eight million fifty-four thousand dollars,
or so much thereof as may be required, shall be issued for the
purpose of providing funds for grants and loans to local governments and subdivisions of the state for capital projects
through the community economic revitalization board and for
the department of general administration, military department, parks and recreation commission, and department of
corrections to acquire real property and perform capital
projects which consist of the planning, designing, constructing, remodeling, repairing, furnishing, and equipping of state
buildings, structures, utilities, roads, grounds, lands, and
waters, and to provide for the administrative cost of such
projects, including costs of bond issuance and retirement, salaries and related costs of officials and employees of the state,
costs of insurance or credit enhancement agreements, and
other expenses incidental to the administration of capital
projects. The proceeds from the sale of the bonds issued for
the purposes of this subsection shall be deposited in the state
building construction account, shall be used exclusively for
the purposes specified in this subsection and for the payment
of expenses incurred in the issuance and sale of the bonds
issued for the purposes of this subsection, and shall be administered by the department of general administration, subject
to legislative appropriation.
(2) General obligation bonds of the state of Washington
in the sum of four million six hundred thirty-five thousand
dollars, or so much thereof as may be required, shall be
issued for the purpose of providing funds for the planning,
design, acquisition, construction, and improvement of a
Washington state agricultural trade center, and to provide for
the administrative cost of such projects, including costs of
bond issuance and retirement, salaries and related costs of
officials and employees of the state, costs of insurance or
credit enhancement agreements, and other expenses incidental to the administration of capital projects. The proceeds
from the sale of the bonds issued for the purposes of this subsection shall be deposited in the state building construction
account, shall be used exclusively for the purposes specified
in this subsection and for the payment of expenses incurred in
the issuance and sale of the bonds issued for the purposes of
this subsection, and shall be administered as provided in the
capital budget acts, subject to legislative appropriation.
(3) General obligation bonds of the state of Washington
in the sum of twenty-five million dollars, or so much thereof
as may be required, shall be issued for the purpose of providing funds for the department of social and health services and
the department of corrections to perform capital projects
which consist of the planning, designing, constructing,
remodeling, repairing, furnishing, and equipping of state
buildings, structures, utilities, roads, and grounds, and to provide for the administrative cost of such projects, including
costs of bond issuance and retirement, salaries and related
costs of officials and employees of the state, costs of insur[Title 43 RCW—page 441]
43.99G.020
Title 43 RCW: State Government—Executive
ance or credit enhancement agreements, and other expenses
incidental to the administration of capital projects. The proceeds from the sale of the bonds issued for the purposes of
this subsection shall be deposited in the social and health services construction account, shall be used exclusively for the
purposes specified in this subsection and for the payment of
expenses incurred in the issuance and sale of the bonds issued
for the purposes of this subsection, and shall be administered
by the department of social and health services, subject to
legislative appropriation.
(4) General obligation bonds of the state of Washington
in the sum of one million dollars, or so much thereof as may
be required, shall be issued for the purpose of providing
funds for the *department of fisheries to acquire real property
and perform capital projects which consist of the planning,
designing, constructing, remodeling, repairing, furnishing,
and equipping of state buildings, structures, utilities, roads,
grounds, lands, and waters, and to provide for the administrative cost of such projects, including costs of bond issuance
and retirement, salaries and related costs of officials and
employees of the state, costs of insurance or credit enhancement agreements, and other expenses incidental to the administration of capital projects. The proceeds from the sale of the
bonds issued for the purposes of this subsection shall be
deposited in the fisheries capital projects account, shall be
used exclusively for the purposes specified in this subsection
and for the payment of expenses incurred in the issuance and
sale of the bonds issued for the purposes of this subsection,
and shall be administered by the department of fisheries, subject to legislative appropriation.
(5) General obligation bonds of the state of Washington
in the sum of fifty-three million dollars, or so much thereof as
may be required, shall be issued for the purpose of providing
funds for state agencies and the institutions of higher education, including the community colleges, to perform capital
renewal projects which consist of the planning, designing,
constructing, remodeling, repairing, furnishing, and equipping of state buildings, structures, utilities, roads, grounds,
lands, and waters, and to provide for the administrative cost
of such projects, including costs of bond issuance and retirement, salaries and related costs of officials and employees of
the state, costs of insurance or credit enhancement agreements, and other expenses incidental to the administration of
capital projects. The proceeds from the sale of the bonds
issued for the purposes of this subsection shall be deposited
in the state facilities renewal account hereby created in the
state treasury, shall be used exclusively for the purposes
specified in this subsection and for the payment of expenses
incurred in the issuance and sale of the bonds issued for the
purposes of this subsection, and shall be administered as provided in the capital budget acts, subject to legislative appropriation.
(6) General obligation bonds of the state of Washington
in the sum of twenty-two million dollars, or so much thereof
as may be required, shall be issued for the purpose of providing funds for the University of Washington and the state community colleges to perform capital projects which consist of
the planning, designing, constructing, remodeling, repairing,
improving, furnishing, and equipping of state buildings,
structures, utilities, roads, grounds, and lands, and to provide
for the administrative cost of such projects, including costs of
[Title 43 RCW—page 442]
bond issuance and retirement, salaries and related costs of
officials and employees of the state, costs of insurance or
credit enhancement agreements, and other expenses incidental to the administration of capital projects. The proceeds
from the sale of the bonds issued for the purposes of this subsection shall be deposited in the higher education reimbursable short-term bond account hereby created in the state treasury, shall be used exclusively for the purposes specified in
this subsection and for the payment of expenses incurred in
the issuance and sale of the bonds issued for the purposes of
this subsection, and shall be administered by the University
of Washington, subject to legislative appropriation.
(7) General obligation bonds of the state of Washington
in the sum of twenty-eight million dollars, or so much thereof
as may be required, shall be issued for the purpose of providing funds for the institutions of higher education to perform
capital projects which consist of the planning, designing,
constructing, remodeling, repairing, furnishing, and equipping of state buildings, structures, utilities, roads, grounds,
and lands, and to provide for the administrative cost of such
projects, including costs of bond issuance and retirement, salaries and related costs of officials and employees of the state,
costs of insurance or credit enhancement agreements, and
other expenses incidental to the administration of capital
projects. The proceeds from the sale of the bonds issued for
the purposes of this subsection shall be deposited in the
higher education construction account, shall be used exclusively for the purposes specified in this subsection and for the
payment of expenses incurred in the issuance and sale of the
bonds issued for the purposes of this subsection, and shall be
administered by Washington State University, subject to legislative appropriation.
(8) General obligation bonds of the state of Washington
in the sum of seventy-five million dollars, or so much thereof
as may be required, shall be issued for the purpose of providing funds for the institutions of higher education, including
facilities for the community college system, to perform capital projects which consist of the planning, designing, constructing, remodeling, repairing, furnishing, and equipping of
state buildings, structures, utilities, roads, grounds, and lands,
and to provide for the administrative cost of such projects,
including costs of bond issuance and retirement, salaries and
related costs of officials and employees of the state, costs of
insurance or credit enhancement agreements, and other
expenses incidental to the administration of capital projects.
The proceeds from the sale of the bonds issued for the purposes of this subsection, together with all grants, donations,
transferred funds, and all other moneys which the state
finance committee may direct the state treasurer to deposit
therein, shall be deposited in the state higher education construction account in the state treasury and shall be used exclusively for the purposes specified in this subsection and for the
payment of expenses incurred in the issuance and sale of the
bonds issued for the purposes of this subsection. [1989 1st
ex.s. c 14 § 13; 1988 c 36 § 22; 1986 c 103 § 1; 1985 ex.s. c
4 § 2.]
*Reviser's note: Powers, duties, and functions of the department of
fisheries and the department of wildlife were transferred to the department of
fish and wildlife by 1993 sp.s. c 2, effective July 1, 1994.
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
(2004 Ed.)
Bonds for Capital Projects
43.99G.030
43.99G.030 Retirement of bonds from debt-limit
general fund bond retirement account. Both principal of
and interest on the bonds issued for the purposes specified in
RCW 43.99G.020 (1) through (6) shall be payable from the
debt-limit general fund bond retirement account.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount required
for principal and interest on such bonds in accordance with
the provisions of the bond proceedings. The state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the debt-limit general fund
bond retirement account such amounts and at such times as
are required by the bond proceedings. [1997 c 456 § 15; 1989
1st ex.s. c 14 § 19; 1985 ex.s. c 4 § 3.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
43.99G.040
43.99G.040 Retirement of bonds from nondebt-limit
reimbursable bond retirement account. Both principal of
and interest on the bonds issued for the purposes of RCW
43.99G.020(7) shall be payable from the nondebt-limit reimbursable bond retirement account.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount required
for principal and interest on such bonds in accordance with
the provisions of the bond proceedings. The state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the nondebt-limit reimbursable bond retirement account such amounts and at such times
as are required by the bond proceedings. [1997 c 456 § 16;
1989 1st ex.s. c 14 § 20; 1985 ex.s. c 4 § 4.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
43.99G.100
shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and
shall contain an unconditional promise to pay the principal
and interest as the same shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1985 ex.s. c 4 §
6.]
43.99G.070
43.99G.070 Institutions of higher education—
Apportionment of principal and interest payments—
Transfer of moneys to general fund. On or before June
30th of each year and in accordance with the provisions of the
bond proceedings the state finance committee shall determine
the relative shares of the principal and interest payments
determined pursuant to RCW 43.99G.040, exclusive of
deposit interest credit, attributable to each of the institutions
of higher education in proportion to the principal amount of
bonds issued for the purposes of RCW 43.99G.020(7) for
projects for each institution. On each date on which any interest or principal and interest payment is due, the board of
regents or the board of trustees of each institution of higher
education shall cause the amount so computed to be paid out
of the appropriate building account or capital projects
account to the state treasurer for deposit into the general fund
of the state treasury. [1989 1st ex.s. c 14 § 22; 1985 ex.s. c 4
§ 7.]
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
43.99G.080
43.99G.080 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.99G.010, and RCW 43.99G.030 through 43.99G.050 shall
not be deemed to provide an exclusive method for the payment. [1985 ex.s. c 4 § 8.]
43.99G.050
43.99G.050 Retirement of bonds from debt-limit
general fund bond retirement account. Both principal of
and interest on the bonds issued for the purposes of RCW
43.99G.020(8) shall be payable from the debt-limit general
fund bond retirement account.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount required
for principal and interest on such bonds in accordance with
the provisions of the bond proceedings. The state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the debt-limit general fund
bond retirement account such amounts and at such times as
are required by the bond proceedings. [1997 c 456 § 17; 1989
1st ex.s. c 14 § 21; 1985 ex.s. c 4 § 5.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
43.99G.060
43.99G.060 Pledge and promise—Remedies of bondholders. Bonds issued under RCW 43.99G.010 shall state
that they are a general obligation of the state of Washington,
(2004 Ed.)
43.99G.090
43.99G.090 Bonds legal investment for public funds.
The bonds authorized in RCW 43.99G.010 shall be a legal
investment for all state funds or funds under state control and
for all funds of any other public body. [1985 ex.s. c 4 § 9.]
1987 BOND ISSUE
43.99G.100
43.99G.100 General obligation bonds authorized—
Terms—Appropriation required—Short-term obligations. The state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of
four hundred twelve million three hundred thousand dollars,
or so much thereof as may be required, to finance the projects
described and authorized by the legislature in the capital and
operating appropriations acts for the 1987-1989 fiscal biennium and subsequent fiscal biennia, and all costs incidental
thereto.
Bonds authorized in this section shall be sold in such
manner, at such time or times, in such amounts, and at such
price as the state finance committee shall determine. No such
bonds may be offered for sale without prior legislative appro[Title 43 RCW—page 443]
43.99G.102
Title 43 RCW: State Government—Executive
priation of the net proceeds of the sale of the bonds. The state
finance committee may obtain insurance or letters of credit
and may authorize the execution and delivery of agreements,
promissory notes, and other obligations for the purpose of
insuring the payment or enhancing the marketability of bonds
authorized in this section. Promissory notes or other obligations issued pursuant to this section shall not constitute a debt
or the contracting of indebtedness under any constitutional or
statutory indebtedness limitation if their payment is conditioned upon the failure of the state to pay the principal of or
interest on the bonds with respect to which the same relate.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the purpose
of retiring the bonds during the life of the project for which
they were issued. [1987 1st ex.s. c 3 § 1.]
43.99G.102
43.99G.102 Conditions and limitations—Deposit of
proceeds—Administration. Bonds issued under RCW
43.99G.100 are subject to the following conditions and limitations:
General obligation bonds of the state of Washington in
the sum of four hundred four million four hundred thousand
dollars, or so much thereof as may be required, shall be
issued for the purposes described and authorized by the legislature in the capital and operating appropriations acts for the
1987-1989 fiscal biennium and subsequent fiscal biennia,
and to provide for the administrative cost of such projects,
including costs of bond issuance and retirement, salaries and
related costs of officials and employees of the state, costs of
insurance or credit enhancement agreements, and other
expenses incidental to the administration of capital projects.
Subject to such changes as may be required in the appropriations acts, the proceeds from the sale of the bonds issued for
the purposes of this subsection shall be deposited as follows:
One hundred forty million five hundred thousand dollars
in the state building construction account created in RCW
43.83.020.
These proceeds shall be used exclusively for the purposes specified in this subsection, and for the payment of
expenses incurred in the issuance and sale of the bonds issued
for the purposes of this subsection, and shall be administered
by the office of financial management, subject to legislative
appropriation. [1989 1st ex.s. c 14 § 14; 1987 1st ex.s. c 3 §
2.]
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
43.99G.104 Retirement of bonds from debt-limit
general fund bond retirement account. Both principal of
and interest on the bonds issued for the purposes specified in
RCW 43.99G.102 shall be payable from the debt-limit general fund bond retirement account.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount required
for principal and interest on such bonds in accordance with
the provisions of the bond proceedings. The state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the debt-limit general fund
bond retirement account such amounts and at such times as
43.99G.104
[Title 43 RCW—page 444]
are required by the bond proceedings. [1997 c 456 § 18; 1989
1st ex.s. c 14 § 23; 1987 1st ex.s. c 3 § 3.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
43.99G.108
43.99G.108 Pledge and promise—Remedies of bondholders. Bonds issued under RCW 43.99G.100 shall state
that they are a general obligation of the state of Washington,
shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and
shall contain an unconditional promise to pay the principal
and interest as the same shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1987 1st ex.s. c
3 § 5.]
43.99G.112
43.99G.112 Legislature may provide additional
means for payment of bonds. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
43.99G.100 and 43.99G.104 shall not be deemed to provide
an exclusive method for the payment. [1989 1st ex.s. c 14 §
24; 1987 1st ex.s. c 3 § 7.]
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
43.99G.114
43.99G.114 Bonds legal investment for public funds.
The bonds authorized in RCW 43.99G.100 shall be a legal
investment for all state funds or funds under state control and
for all funds of any other public body. [1987 1st ex.s. c 3 § 8.]
2002 BOND ISSUE
43.99G.120
43.99G.120 General obligation bonds authorized.
For the purpose of providing funds for the construction,
reconstruction, planning, design, and other necessary costs of
the various facilities defined in chapter 238, Laws of 2002,
the state finance committee is authorized to issue general
obligation bonds of the state of Washington in the sum of
eighty-nine million seven hundred thousand dollars, or as
much thereof as may be required, to finance these projects
and all costs incidental thereto. Bonds authorized in this section may be sold at such price as the state finance committee
shall determine. No bonds authorized in this section may be
offered for sale without prior legislative appropriation of the
net proceeds of the sale of the bonds. [2002 c 240 § 1.]
Reviser's note: 2002 c 240 directed that "sections 1 through 6 of this
act" be codified as a new chapter in Title 43 RCW. "Sections 1 through 6 of
this act" have been codified as RCW 43.99G.120 through 43.99G.130, in the
chapter dealing with bonds for capital projects.
43.99G.122
43.99G.122 Proceeds—Deposit—Use. (1) The proceeds from the sale of the bonds authorized in RCW
43.99G.120 shall be deposited in the state building construction account created by RCW 43.83.020, with eighty-seven
million five hundred thousand dollars to remain in the state
building construction account created by RCW 43.83.020. If
(2004 Ed.)
Financing for Appropriations—1989-1991 Biennium
the state finance committee deems it necessary to issue the
bonds authorized in RCW 43.99G.120 as taxable bonds in
order to comply with federal internal revenue service rules
and regulations pertaining to the use of nontaxable bond proceeds, the proceeds of such additional taxable bonds shall be
transferred to the state taxable building construction account
in lieu of any transfer otherwise provided by this section. The
state treasurer shall submit written notice to the director of
financial management if it is determined that any such additional transfer to the state taxable building construction
account is necessary. Moneys in the account may be spent
only after appropriation.
(2) These proceeds shall be used exclusively for the purposes specified in this section and for the payment of
expenses incurred in the issuance and sale of the bonds issued
for the purposes of this section, and shall be administered by
the office of financial management subject to legislative
appropriation. [2002 c 240 § 2.]
43.99G.124
43.99G.124 Retirement of bonds from debt-limit
general fund bond retirement account. (1) The debt-limit
general fund bond retirement account shall be used for the
payment of the principal of and interest on the bonds authorized in RCW 43.99G.120.
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in
RCW 43.99G.120.
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99G.120 the state treasurer shall withdraw from any
general state revenues received in the state treasury and
deposit in the debt-limit general fund bond retirement
account an amount equal to the amount certified by the state
finance committee to be due on the payment date. [2002 c
240 § 3.]
43.99G.126
43.99G.126 Pledge and promise—Remedies of bondholders. (1) Bonds issued under RCW 43.99G.120 shall
state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the
payment of the principal thereof and the interest thereon, and
shall contain an unconditional promise to pay the principal
and interest as the same shall become due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [2002 c
240 § 4.]
43.99G.128
43.99G.128 Additional means for payment of bonds.
The legislature may provide additional means for raising
moneys for the payment of the principal of and interest on the
b o n d s a u th o r i z e d in R C W 4 3 . 9 9 G . 1 2 0 , a n d R C W
43.99G.122 and 43.99G.124 shall not be deemed to provide
an exclusive method for the payment. [2002 c 240 § 5.]
43.99G.130
43.99G.130 Bonds legal investment for public funds.
The bonds authorized in RCW 43.99G.120 shall be a legal
(2004 Ed.)
43.99H.010
investment for all state funds or funds under state control and
for all funds of any other public body. [2002 c 240 § 6.]
CONSTRUCTION
43.99G.900
43.99G.900 Severability—1985 ex.s. c 4. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1985 ex.s. c 4 § 16.]
43.99G.901
43.99G.901 Severability—1987 1st ex.s. c 3. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1987 1st ex.s. c 3 § 13.]
43.99G.902
43.99G.902 Severability—2002 c 240. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [2002 c 240 § 10.]
43.99G.903
43.99G.903 Effective date—2002 c 240. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[March 28, 2002]. [2002 c 240 § 11.]
Chapter 43.99H RCW
FINANCING FOR APPROPRIATIONS—
1989-1991 BIENNIUM
Chapter 43.99H
Sections
43.99H.010 1989-1991 Fiscal biennium—General obligation bonds for
capital and operating appropriations act.
43.99H.020 Conditions and limitations.
43.99H.030 Retirement of bonds.
43.99H.040 Retirement of bonds.
43.99H.050 Pledge and promise—Remedies.
43.99H.060 Reimbursement of general fund.
43.99H.070 East capitol campus construction account—Additional means
of reimbursement.
43.99H.080 1989-1991 Fiscal biennium general obligation bonds for capital and operating appropriations act—Additional means for
payment of principal and interest.
43.99H.090 1989-1991 Fiscal biennium general obligation bonds for capital and operating appropriations act—Legal investment.
43.99H.900 Severability—1989 1st ex.s. c 14.
43.99H.901 Effective dates—1989 1st ex.s. c 14.
43.99H.010
43.99H.010 1989-1991 Fiscal biennium—General
obligation bonds for capital and operating appropriations
act. The state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of
one billion four hundred four million dollars, or so much
thereof as may be required, to finance the projects described
and authorized by the legislature in the capital and operating
appropriations acts for the 1989-1991 fiscal biennium and
subsequent fiscal biennia, and all costs incidental thereto, and
to provide for reimbursement of bond-funded accounts from
the 1987-1989 fiscal biennium.
Bonds authorized in this section shall be sold in such
manner, at such time or times, in such amounts, and at such
[Title 43 RCW—page 445]
43.99H.020
Title 43 RCW: State Government—Executive
price as the state finance committee shall determine. No such
bonds may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds. The state
finance committee may obtain insurance, letters of credit, or
other credit enhancements and may authorize the execution
and delivery of agreements, promissory notes, and other obligations for the purpose of insuring the payment or enhancing
the marketability of bonds authorized in this section. Promissory notes or other obligations issued pursuant to this section
shall not constitute a debt or the contracting of indebtedness
under any constitutional or statutory indebtedness limitation
if their payment is conditioned upon the failure of the state to
pay the principal of or interest on the bonds with respect to
which the same relate.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the purpose
of retiring the bonds during the life of the project for which
they were issued. [1990 1st ex.s. c 15 § 1; 1989 1st ex.s. c 14
§ 1.]
Severability—1990 1st ex.s. c 15: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 1st ex.s. c 15 § 14.]
43.99H.020
43.99H.020 Conditions and limitations. Bonds issued
under RCW 43.99H.010 are subject to the following conditions and limitations:
General obligation bonds of the state of Washington in
the sum of one billion four hundred four million dollars, or so
much thereof as may be required, shall be issued for the purposes described and authorized by the legislature in the capital and operating appropriations acts for the 1989-91 fiscal
biennium and subsequent fiscal biennia, and to provide for
the administrative cost of such projects, including costs of
bond issuance and retirement, salaries and related costs of
officials and employees of the state, costs of insurance or
credit enhancement agreements, and other expenses incidental to the administration of capital projects, and to provide for
reimbursement of bond-funded accounts from the 1987-89
fiscal biennium. Subject to such changes as may be required
in the appropriations acts, the proceeds from the sale of the
bonds issued for the purposes of this subsection shall be
deposited in the state building construction account created
by RCW 43.83.020 and transferred as follows:
(1) Thirty million dollars to the state and local improvements revolving account—waste disposal facilities, created
by RCW 43.83A.030, to be used for the purposes described
in RCW 43.83A.020;
(2) Five million three hundred thousand dollars to the
salmon enhancement construction account created by *RCW
75.48.030;
(3) One hundred twenty million dollars to the state and
local improvements revolving account—waste disposal facilities, 1980 created by RCW 43.99F.030, to be used for the
purposes described in RCW 43.99F.020;
(4) Forty million dollars to the common school construction fund as referenced in RCW 28A.515.320.
[Title 43 RCW—page 446]
(5) Three million two hundred thousand dollars to the
state higher education construction account created by RCW
28B.10.851;
(6) Eight hundred five million dollars to the state building construction account created by RCW 43.83.020;
(7) Nine hundred fifty thousand dollars to the higher
education reimbursable short-term bond account created by
RCW 43.99G.020(6);
(8) Twenty-nine million seven hundred thirty thousand
dollars to the outdoor recreation account created by **RCW
43.99.060;
(9) Sixty million dollars to the state and local improvements revolving account—water supply facilities, created by
RCW 43.99E.020 to be used for the purposes described in
chapter 43.99E RCW;
(10) Four million three hundred thousand dollars to the
state social and health services construction account created
by RCW 43.83H.030;
(11) Two hundred fifty thousand dollars to the fisheries
capital projects account created by RCW 43.83I.040;
(12) Four million nine hundred thousand dollars to the
s t a t e f ac i l i t ie s r en ew a l ac c o u n t cr e at e d b y R C W
43.99G.020(5);
(13) Two million three hundred thousand dollars to the
essential rail assistance account created by ***RCW
47.76.030;
(14) One million one hundred thousand dollars to the
essential rail bank account hereby created in the state treasury;
(15) Seventy-three million dollars to the east capitol
campus construction account hereby created in the state treasury;
(16) Eight million dollars to the higher education construction account created in RCW 28B.14D.040;
(17) Sixty-three million two hundred thousand dollars to
the labor and industries construction account hereby created
in the state treasury;
(18) Seventy-five million dollars to the higher education
construction account created by RCW 28B.14D.040;
(19) Twenty-six million five hundred fifty thousand dollars to the habitat conservation account hereby created in the
state treasury; and
(20) Eight million dollars to the public safety reimbursable bond account hereby created in the state treasury.
These proceeds shall be used exclusively for the purposes specified in this subsection, and for the payment of
expenses incurred in the issuance and sale of the bonds issued
for the purposes of this section, and shall be administered by
the office of financial management, subject to legislative
appropriation.
Bonds authorized for the purposes of subsection (17) of
this section shall be issued only after the director of the
department of labor and industries has certified, based on reasonable estimates, that sufficient revenues will be available
from the accident fund created in RCW 51.44.010 and the
medical aid fund created in RCW 51.44.020 to meet the
requirements of RCW 43.99H.060(4) during the life of the
bonds.
Bonds authorized for the purposes of subsection (18) of
this section shall be issued only after the board of regents of
the University of Washington has certified, based on reason(2004 Ed.)
Financing for Appropriations—1989-1991 Biennium
able estimates, that sufficient revenues will be available from
nonappropriated local funds to meet the requirements of
RCW 43.99H.060(4) during the life of the bonds. [1990 1st
ex.s. c 15 § 2; 1990 c 33 § 582; 1989 1st ex.s. c 14 § 2.]
Reviser's note: (1) This section was amended by 1990 c 33 § 582 and
by 1990 1st ex.s. c 15 § 2, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
*(2) RCW 75.48.030 was repealed by 1991 sp.s. c 13 § 122, effective
July 1, 1991.
**(3) RCW 43.99.060 was recodified as RCW 79A.25.060 pursuant to
1999 c 249 § 1601.
***(4) RCW 47.76.030 was recodified as RCW 47.76.250 pursuant to
1993 c 224 § 15.
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
43.99H.030
43.99H.030 Retirement of bonds. Both principal of
and interest on the bonds issued for the purposes specified in
RCW 43.99H.020 (1) through (3), (5) through (14), and (19)
shall be payable from the debt-limit general fund bond retirement account.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount required
to provide for the payment of principal and interest on such
bonds during the ensuing fiscal year in accordance with the
provisions of the bond proceedings. The state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the debt-limit general fund bond
retirement account such amounts and at such times as are
required by the bond proceedings. [1997 c 456 § 19; 1991
sp.s. c 31 § 13; 1990 1st ex.s. c 15 § 4; 1989 1st ex.s. c 14 § 3.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
Severability—1991 sp.s. c 31: See RCW 43.99I.900.
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
43.99H.040
43.99H.040 Retirement of bonds. (1) Both principal of
and interest on the bonds issued for the purposes of RCW
43.99H.020(16) shall be payable from the nondebt-limit
reimbursable bond retirement account.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount required
to provide for the payment of principal and interest on such
bonds during the ensuing fiscal year in accordance with the
provisions of the bond proceedings. The state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the nondebt-limit reimbursable
bond retirement account such amounts and at such times as
are required by the bond proceedings.
(2) Both principal of and interest on the bonds issued for
the purposes of RCW 43.99H.020(15) shall be payable from
the debt-limit reimbursable bond retirement account and nondebt-limit reimbursable bond retirement account as set forth
under RCW 43.99H.060(2).
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount required
to provide for the payment of principal and interest on such
bonds during the ensuing fiscal year in accordance with the
(2004 Ed.)
43.99H.040
provisions of the bond proceedings. The state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the debt-limit reimbursable bond
retirement account and nondebt-limit reimbursable bond
retirement account as set forth under RCW 43.99H.060(2)
such amounts and at such times as are required by the bond
proceedings.
(3) Both principal of and interest on the bonds issued for
the purposes of RCW 43.99H.020(17) shall be payable from
the nondebt-limit proprietary appropriated bond retirement
account.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount required
to provide for the payment of principal and interest on such
bonds during the ensuing fiscal year in accordance with the
provisions of the bond proceedings. The state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the nondebt-limit proprietary
appropriated bond retirement account such amounts and at
such times as are required by the bond proceedings.
(4) Both principal of and interest on the bonds issued for
the purposes of RCW 43.99H.020(18) shall be payable from
the nondebt-limit reimbursable bond retirement account.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount required
to provide for the payment of principal and interest on such
bonds during the ensuing fiscal year in accordance with the
provisions of the bond proceedings. The state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the nondebt-limit reimbursable
bond retirement account such amounts and at such times as
are required by the bond proceedings.
(5) Both principal of and interest on the bonds issued for
the purposes of RCW 43.99H.020(20) shall be payable from
the nondebt-limit reimbursable bond retirement account.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount required
to provide for the payment of principal and interest on such
bonds during the ensuing fiscal year in accordance with the
provisions of the bond proceedings. The state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the nondebt-limit reimbursable
bond retirement account such amounts and at such times as
are required by the bond proceedings.
(6) Both principal of and interest on the bonds issued for
the purposes of RCW 43.99H.020(4) shall be payable from
the nondebt-limit general fund bond retirement account.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount required
to provide for the payment of principal and interest on such
bonds during the ensuing fiscal year in accordance with the
provisions of the bond proceedings. The state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the nondebt-limit general fund
bond retirement account such amounts and at such times as
are required by the bond proceedings. [1997 c 456 § 20; 1991
sp.s. c 31 § 14; 1990 1st ex.s. c 15 § 5; 1989 1st ex.s. c 14 § 4.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
Severability—1991 sp.s. c 31: See RCW 43.99I.900.
[Title 43 RCW—page 447]
43.99H.050
Title 43 RCW: State Government—Executive
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
43.99H.050
43.99H.050 Pledge and promise—Remedies. Bonds
issued under RCW 43.99H.010 shall state that they are a general obligation of the state of Washington, shall pledge the
full faith and credit of the state to the payment of the principal
thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same
shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1989 1st ex.s. c
14 § 5.]
43.99H.060
43.99H.060 Reimbursement of general fund. (1) For
bonds issued for the purposes of RCW 43.99H.020(16), on
each date on which any interest or principal and interest payment is due, the board of regents or the board of trustees of
Washington State University shall cause the amount computed in RCW 43.99H.040(1) to be paid out of the appropriate building account or capital projects account to the state
treasurer for deposit into the general fund of the state treasury.
(2) For bonds issued for the purposes of RCW
43.99H.020(15), on each date on which any interest or principal and interest payment is due, the state treasurer shall
transfer the amount computed in RCW 43.99H.040(2) from
the capitol campus reserve account, hereby created in the
state treasury, to the general fund of the state treasury. At the
time of sale of the bonds issued for the purposes of RCW
43.99H.020(15), and on or before June 30th of each succeeding year while such bonds remain outstanding, the state
finance committee shall determine, based on current balances
and estimated receipts and expenditures from the capitol
campus reserve account, that portion of principal and interest
on such RCW 43.99H.020(15) bonds which will, by virtue of
payments from the capitol campus reserve account, be reimbursed from sources other than "general state revenues" as
that term is defined in Article VIII, section 1 of the state Constitution. The amount so determined by the state finance committee, as from time to time adjusted in accordance with this
subsection, shall not constitute indebtedness for purposes of
the limitations set forth in RCW 39.42.060.
(3) For bonds issued for the purposes of RCW
43.99H.020(17), on each date on which any interest or principal and interest payment is due, the director of the department of labor and industries shall cause fifty percent of the
amount computed in RCW 43.99H.040(3) to be transferred
from the accident fund created in RCW 51.44.010 and fifty
percent of the amount computed in RCW 43.99H.040(3) to
be transferred from the medical aid fund created in RCW
51.44.020, to the general fund of the state treasury.
(4) For bonds issued for the purposes of RCW
43.99H.020(18), on each date on which any interest or principal and interest payment is due, the board of regents of the
University of Washington shall cause the amount computed
in RCW 43.99H.040(4) to be paid out of University of Washington nonappropriated local funds to the state treasurer for
deposit into the general fund of the state treasury.
[Title 43 RCW—page 448]
(5) For bonds issued for the purposes of RCW
43.99H.020(20), on each date on which any interest or principal and interest payment is due, the state treasurer shall
transfer the amount computed in RCW 43.99H.040(5) from
the public safety and education account created in RCW
43.08.250 to the general fund of the state treasury.
(6) For bonds issued for the purposes of RCW
43.99H.020(4), on each date on which any interest or principal and interest payment is due, the state treasurer shall transfer from property taxes in the state general fund levied for the
support of the common schools under RCW 84.52.065 to the
general fund of the state treasury for unrestricted use the
amount computed in RCW 43.99H.040(6). [1991 sp.s. c 31 §
15; 1990 1st ex.s. c 15 § 6; 1989 1st ex.s. c 14 § 6.]
Severability—1991 sp.s. c 31: See RCW 43.99I.900.
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
43.99H.070 East capitol campus construction
account—Additional means of reimbursement. In addition to any other charges authorized by law and to assist in the
reimbursement of principal and interest payments on bonds
issued for the purposes of RCW 43.99H.020(15), the following revenues may be collected:
(1) The director of general administration may assess a
charge against each state board, commission, agency, office,
department, activity, or other occupant of the facility or
building constructed with bonds issued for the purposes of
RCW 43.99H.020(15) for payment of a proportion of costs
for each square foot of floor space assigned to or occupied by
the entity. Payment of the amount billed to the entity for such
occupancy shall be made quarterly during each fiscal year.
The director of general administration shall deposit the payment in the capitol campus reserve account.
(2) The director of general administration may pledge a
portion of the parking rental income collected by the department of general administration from parking space developed
as a part of the facility constructed with bonds issued for the
purposes of RCW 43.99H.020(15). The pledged portion of
this income shall be deposited in the capitol campus reserve
account. The unpledged portion of this income shall continue
to be deposited in the state vehicle parking account.
(3) The state treasurer shall transfer four million dollars
from the capitol building construction account to the capitol
campus reserve account each fiscal year from 1990 to 1995.
Beginning in fiscal year 1996, the director of general administration, in consultation with the state finance committee,
shall determine the necessary amount for the state treasurer to
transfer from the capitol building construction account to the
capitol campus reserve account for the purpose of repayment
of the general fund of the costs of the bonds issued for the
purposes of RCW 43.99H.020(15).
(4) Any remaining balance in the state building and parking bond redemption account after the final debt service payment shall be transferred to the capitol campus reserve
account. [1995 c 215 § 6; 1989 1st ex.s. c 14 § 7.]
43.99H.070
43.99H.080 1989-1991 Fiscal biennium general obligation bonds for capital and operating appropriations
act—Additional means for payment of principal and
interest. The legislature may provide additional means for
43.99H.080
(2004 Ed.)
Financing for Appropriations—1991-1993 Biennium
raising moneys for the payment of the principal and interest
on the bonds authorized in RCW 43.99H.010. RCW
43.99H.030 and 43.99H.040 shall not be deemed to provide
an exclusive method for the payment. [1990 1st ex.s. c 15 §
3; 1989 1st ex.s. c 14 § 8.]
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
43.99H.090
43.99H.090 1989-1991 Fiscal biennium general obligation bonds for capital and operating appropriations
act—Legal investment. The bonds authorized in RCW
43.99H.010 shall be a legal investment for all state funds or
funds under state control and for all funds of any other public
body. [1989 1st ex.s. c 14 § 9.]
43.99H.900
43.99H.900 Severability—1989 1st ex.s. c 14. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1989 1st ex.s. c 14 § 26.]
43.99H.901
43.99H.901 Effective dates—1989 1st ex.s. c 14. This
act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government
and its existing public institutions, and shall take effect July
1, 1989, except for section 18 of this act which shall take
effect immediately [June 1, 1989]. [1989 1st ex.s. c 14 § 28.]
Chapter 43.99I RCW
FINANCING FOR APPROPRIATIONS—
1991-1993 BIENNIUM
Chapter 43.99I
Sections
43.99I.010
43.99I.020
43.99I.030
43.99I.040
43.99I.060
43.99I.070
43.99I.080
43.99I.090
43.99I.100
43.99I.110
43.99I.900
43.99I.010
1991-1993 Fiscal biennium—General obligation bonds for
capital and operating appropriations act.
Conditions and limitations.
Retirement of bonds.
Reimbursement of general fund.
Pledge and promise—Remedies.
Additional means for payment of principal and interest.
Legal investment.
Dairy products commission—Bond conditions and limitations.
Data processing building construction account.
Dairy products commission facility account.
Severability—1991 sp.s. c 31.
43.99I.010 1991-1993 Fiscal biennium—General
obligation bonds for capital and operating appropriations
act. The state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of
one billion two hundred eighty-four million dollars, or so
much thereof as may be required, to finance the projects
described and authorized by the legislature in the capital and
operating appropriations acts for the 1991-1993 fiscal biennium and subsequent fiscal biennia, and all costs incidental
thereto.
Bonds authorized in this section shall be sold in such
manner, at such time or times, in such amounts, and at such
price as the state finance committee shall determine. No such
bonds may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds. The state
finance committee may obtain insurance, letters of credit, or
(2004 Ed.)
43.99I.020
other credit enhancements and may authorize the execution
and delivery of agreements, promissory notes, and other obligations for the purpose of insuring the payment or enhancing
the marketability of bonds authorized in this section. Promissory notes or other obligations issued pursuant to this section
shall not constitute a debt or the contracting of indebtedness
under any constitutional or statutory indebtedness limitation
if their payment is conditioned upon the failure of the state to
pay the principal of or interest on the bonds with respect to
which the same relate.
The state finance committee shall consider the issuance
of short-term obligations in lieu of long-term obligations for
the purposes of more favorable interest rates, lower total
interest costs, and increased marketability and for the purpose
of retiring the bonds during the life of the project for which
they were issued. [1992 c 235 § 1; 1991 sp.s. c 31 § 1.]
43.99I.020 Conditions and limitations. Bonds issued
under RCW 43.99I.010 are subject to the following conditions and limitations:
General obligation bonds of the state of Washington in
the sum of one billion two hundred seventy-one million
sixty-five thousand dollars, or so much thereof as may be
required, shall be issued for the purposes described and
authorized by the legislature in the capital and operating
appropriations acts for the 1991-93 fiscal biennium and subsequent fiscal biennia, and to provide for the administrative
cost of such projects, including costs of bond issuance and
retirement, salaries and related costs of officials and employees of the state, costs of insurance or credit enhancement
agreements, and other expenses incidental to the administration of capital projects. Subject to such changes as may be
required in the appropriations acts, the proceeds from the sale
of the bonds issued for the purposes of this subsection shall
be deposited in the state building construction account created by RCW 43.83.020 and transferred as follows:
(1) Eight hundred thirty-five thousand dollars to the state
higher education construction account created by RCW
28B.10.851;
(2) Eight hundred seventy-one million dollars to the state
building construction account created by RCW 43.83.020;
(3) Two million eight hundred thousand dollars to the
energy efficiency services account created by *RCW
39.35C.110;
(4) Two hundred fifty-five million five hundred thousand dollars to the common school reimbursable construction
account hereby created in the state treasury;
(5) Ninety-eight million six hundred forty-eight thousand dollars to the higher education reimbursable construction account hereby created in the state treasury;
(6) Three million two hundred eighty-four thousand dollars to the data processing building construction account created in RCW 43.99I.100; and
(7) Nine hundred thousand dollars to the Washington
state dairy products commission facility account created in
RCW 43.99I.110.
These proceeds shall be used exclusively for the purposes specified in this subsection, and for the payment of
expenses incurred in the issuance and sale of the bonds issued
for the purposes of this section, and shall be administered by
the office of financial management, subject to legislative
43.99I.020
[Title 43 RCW—page 449]
43.99I.030
Title 43 RCW: State Government—Executive
appropriation. [1997 c 456 § 38; 1992 c 235 § 2; 1991 sp.s. c
31 § 2.]
*Reviser's note: RCW 39.35C.110 was repealed by 2001 c 292 § 4.
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.99I.030
43.99I.030 Retirement of bonds. (1)(a) Both principal
of and interest on the bonds issued for the purposes specified
in RCW 43.99I.020 (1) and (2) shall be payable from the
debt-limit general fund bond retirement account.
(b) Both principal of and interest on the bonds issued for
the purposes specified in RCW 43.99I.020(3) shall be payable from the nondebt-limit proprietary appropriated bond
retirement account.
(c) Both principal of and interest on the bonds issued for
the purposes specified in RCW 43.99I.020(4) shall be payable from the nondebt-limit general fund bond retirement
account.
(d) Both principal of and interest on the bonds issued for
the purposes specified in RCW 43.99I.020 (5) and (6) shall
be payable from the nondebt-limit reimbursable bond retirement account.
(e) Both principal of and interest on the bonds issued for
the purposes specified in RCW 43.99I.020(7) shall be payable from the nondebt-limit proprietary nonappropriated
bond retirement account.
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required to provide for the payment of principal and interest
on such bonds during the ensuing fiscal year in accordance
with the provisions of the bond proceedings. The state treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the appropriate
account as set forth under subsection (1) of this section such
amounts and at such times as are required by the bond proceedings. [1997 c 456 § 21; 1991 sp.s. c 31 § 3.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.99I.040
43.99I.040 Reimbursement of general fund. (1) On
each date on which any interest or principal and interest payment is due on bonds issued for the purposes of RCW
43.99I.020(4), the state treasurer shall transfer from property
taxes in the state general fund levied for this support of the
common schools under RCW 84.52.065 to the general fund
of the state treasury for unrestricted use the amount computed
in RCW 43.99I.030 for the bonds issued for the purposes of
RCW 43.99I.020(4).
(2) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99I.020(5), the state treasurer shall transfer from
higher education operating fees deposited in the general fund
to the general fund of the state treasury for unrestricted use,
or if chapter 231, Laws of 1992 (Senate Bill No. 6285)
becomes law and changes the disposition of higher education
operating fees from the general fund to another account, the
state treasurer shall transfer the proportional share from the
University of Washington operating fees account, the Washington State University operating fees account, and the Central Washington University operating fees account the
[Title 43 RCW—page 450]
amount computed in RCW 43.99I.030 for the bonds issued
for the purposes of RCW 43.99I.020(6).
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99I.020(6), the state treasurer shall transfer from the
data processing revolving fund created in RCW 43.105.080
to the general fund of the state treasury the amount computed
in RCW 43.99I.030 for the bonds issued for the purposes of
RCW 43.99I.020(6).
(4) On each date on which any interest or principal and
interest payment is due on bonds issued for the purpose of
RCW 43.99I.020(7), the Washington state dairy products
commission shall cause the amount computed in RCW
43.99I.030 for the bonds issued for the purposes of RCW
43.99I.020(7) to be paid out of the commission's general
operating fund to the state treasurer for deposit into the general fund of the state treasury.
(5) The higher education operating fee accounts for the
University of Washington, Washington State University, and
Central Washington University established by chapter 231,
Laws of 1992 and repealed by chapter 18, Laws of 1993 1st
sp. sess. are reestablished in the state treasury for purposes of
fulfilling debt service reimbursement transfers to the general
fund required by bond resolutions and covenants for bonds
issued for purposes of RCW 43.99I.020(5).
(6) For bonds issued for purposes of RCW
43.99I.020(5), on each date on which any interest or principal
and interest payment is due, the board of regents or board of
trustees of the University of Washington, Washington State
University, or Central Washington University shall cause the
amount as determined by the state treasurer to be paid out of
the local operating fee account for deposit by the universities
into the state treasury higher education operating fee
accounts. The state treasurer shall transfer the proportional
share from the University of Washington operating fees
account, the Washington State University operating fees
account, and the Central Washington University operating
fees account the amount computed in RCW 43.99I.030 for
the bonds issued for the purposes of RCW 43.99I.020(6) to
reimburse the general fund. [1997 c 456 § 39; 1992 c 235 §
3; 1991 sp.s. c 31 § 4.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.99I.060
43.99I.060 Pledge and promise—Remedies. Bonds
issued under RCW 43.99I.010 shall state that they are a general obligation of the state of Washington, shall pledge the
full faith and credit of the state to the payment of the principal
thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same
shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1991 sp.s. c 31
§ 6.]
43.99I.070
43.99I.070 Additional means for payment of principal and interest. The legislature may provide additional
means for raising moneys for the payment of the principal of
(2004 Ed.)
Financing for Appropriations—1993-1995 Biennium
and interest on the bonds authorized in RCW 43.99I.010, and
RCW 43.99I.030 and 43.99I.040 shall not be deemed to provide an exclusive method for the payment. [1991 sp.s. c 31 §
7.]
43.99I.080 Legal investment. The bonds authorized in
RCW 43.99I.010 shall be a legal investment for all state
funds or funds under state control and for all funds of any
other public body. [1991 sp.s. c 31 § 8.]
43.99I.080
43.99I.090 Dairy products commission—Bond conditions and limitations. The bonds authorized by RCW
43.99I.020(7) shall be issued only after the director of financial management has (a) certified that, based on the future
income from assessments levied pursuant to chapter 15.44
RCW and other revenues collected by the Washington state
dairy products commission, an adequate balance will be
maintained in the commission's general operating fund to pay
the interest or principal and interest payments due under
RCW 43.99I.040(3) for the life of the bonds; and (b)
approved the facility to be acquired using the bond proceeds.
[1997 c 456 § 40; 1992 c 235 § 5.]
43.99I.090
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.99I.100 Data processing building construction
account. The data processing building construction account
is created in the state treasury. Moneys in the account may be
spent only after appropriation. Expenditures from the account
may be used only for acquisition of land for and construction
of a data processing building. [1992 c 235 § 7.]
43.99I.100
43.99I.110 Dairy products commission facility
account. The Washington state dairy products commission
facility account is hereby created in the state treasury. Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used only for acquisition, renovation, or construction of a permanent facility for
the Washington state dairy products commission. [1992 c
235 § 8.]
43.99I.110
43.99I.900 Severability—1991 sp.s. c 31. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1991 sp.s. c 31 § 18.]
43.99I.900
Chapter 43.99J RCW
FINANCING FOR APPROPRIATIONS—
1993-1995 BIENNIUM
Chapter 43.99J
Sections
43.99J.010
43.99J.020
43.99J.030
43.99J.040
43.99J.050
43.99J.060
43.99J.070
43.99J.080
(2004 Ed.)
1993-1995 Fiscal biennium—General obligation bonds for
capital and operating appropriations acts.
Conditions and limitations.
Retirement of bonds—Pledge and promise—Remedies.
Additional means for payment of principal and interest.
Legal investment.
Washington state fruit commission—Reimbursement of general fund.
Washington state fruit commission—Bond conditions and
limitations.
Fruit commission facility account.
43.99J.900
43.99J.030
Severability—1993 sp.s. c 12.
43.99J.010
43.99J.010 1993-1995 Fiscal biennium—General
obligation bonds for capital and operating appropriations
acts. For the purpose of providing funds to finance the
projects described and authorized by the legislature in the
capital and operating appropriations acts for the 1993-95 fiscal biennium, and all costs incidental thereto, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of nine hundred
twenty-six million seven hundred thirty-seven thousand dollars, or so much thereof as may be required, to finance these
projects and all costs incidental thereto. Bonds authorized in
this section may be sold at such price as the state finance
committee shall determine. No bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds. [1993
sp.s. c 12 § 1.]
43.99J.020
43.99J.020 Conditions and limitations. The proceeds
from the sale of the bonds authorized in RCW 43.99J.010
shall be deposited in the state building construction account
created by RCW 43.83.020. The proceeds shall be transferred
as follows:
(1) Nine hundred three million dollars to remain in the
state building construction account created by RCW
43.83.020; and
(2) One million five hundred thousand dollars to the fruit
commission facility account.
These proceeds shall be used exclusively for the purposes specified in this section, and for the payment of
expenses incurred in the issuance and sale of the bonds issued
for the purposes of this section, and shall be administered by
the office of financial management subject to legislative
appropriation. [1993 sp.s. c 12 § 2.]
Reviser's note: The 1994 publication of this code section inadvertently
omitted two lines of text. The full text of the law is reprinted here.
43.99J.030
43.99J.030 Retirement of bonds—Pledge and promise—Remedies. (1)(a) The debt-limit general fund bond
retirement account shall be used for the payment of the principal of and interest on the bonds authorized in RCW
43.99J.020(1).
(b) The nondebt-limit proprietary nonappropriated bond
retirement account shall be used for the payment of the principal of and interest on the bonds authorized in RCW
43.99J.020(2).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond retirement and interest requirements. On the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the debt-limit
general fund bond retirement account or nondebt-limit proprietary nonappropriated bond retirement account, as necessary, an amount equal to the amount certified by the state
finance committee to be due on the payment date.
(3) Bonds issued under RCW 43.99J.010 shall state that
they are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
[Title 43 RCW—page 451]
43.99J.040
Title 43 RCW: State Government—Executive
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
(4) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [1997 c
456 § 22; 1993 sp.s. c 12 § 3.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.99J.040
43.99J.040 Additional means for payment of principal and interest. The legislature may provide additional
means for raising moneys for the payment of the principal of
and interest on the bonds authorized in RCW 43.99J.010, and
RCW 43.99J.030 shall not be deemed to provide an exclusive
method for the payment. [1993 sp.s. c 12 § 7.]
43.99J.050
43.99J.050 Legal investment. The bonds authorized in
RCW 43.99J.010 shall be a legal investment for all state
funds or funds under state control and for all funds of any
other public body. [1993 sp.s. c 12 § 8.]
43.99J.060
43.99J.060 Washington state fruit commission—
Reimbursement of general fund. On each date on which
any interest or principal and interest payment is due for the
purposes of RCW 43.99J.020(2), the Washington state fruit
commission shall cause the amount computed by the state
finance committee in RCW 43.99J.030 for the purposes of
RCW 43.99J.020(2) to be paid out of the commission's general operating fund to the state treasurer for deposit into the
general fund of the state treasury. [1993 sp.s. c 12 § 4.]
43.99J.070
43.99J.070 Washington state fruit commission—
Bond conditions and limitations. The bonds authorized in
RCW 43.99J.020(2) may be issued only after the director of
financial management has: (1) Certified that, based on the
future income from assessments levied under this chapter and
other revenues collected by the commission, an adequate balance will be maintained in the commission's general operating fund to pay the interest or principal and interest payments
due under RCW 43.99J.060 for the life of the bonds; and (2)
approved the plans for facility. [1993 sp.s. c 12 § 5.]
43.99J.080
43.99J.080 Fruit commission facility account. The
fruit commission facility account is created in the state treasury. Moneys in the account may be spent only after
appropriation. [1993 sp.s. c 12 § 6.]
43.99J.900
43.99J.900 Severability—1993 sp.s. c 12. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1993 sp.s. c 12 § 10.]
[Title 43 RCW—page 452]
Chapter 43.99K
Chapter 43.99K RCW
FINANCING FOR APPROPRIATIONS—
1995-1997 BIENNIUM
Sections
43.99K.010 1995-1997 Fiscal biennium—General obligation bonds for
capital and operating appropriations acts.
43.99K.020 Conditions and limitations.
43.99K.030 Retirement of bonds—Reimbursement of general fund—
Pledge and promise—Remedies.
43.99K.040 Additional means for payment of principal and interest.
43.99K.050 Legal investment.
43.99K.900 Severability—1995 2nd sp.s. c 17.
43.99K.010
43.99K.010 1995-1997 Fiscal biennium—General
obligation bonds for capital and operating appropriations
acts. For the purpose of providing funds to finance the
projects described and authorized by the legislature in the
capital and operating appropriations acts for the 1995-97 fiscal biennium only, and all costs incidental thereto, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of eight hundred
sixty-seven million one hundred sixty thousand dollars, or as
much thereof as may be required, to finance these projects
and all costs incidental thereto. Bonds authorized in this section may be sold at such price as the state finance committee
shall determine. No bonds authorized in this section may be
offered for sale without prior legislative appropriation of the
net proceeds of the sale of the bonds. [1997 c 456 § 41; 1995
2nd sp.s. c 17 § 1.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.99K.020
43.99K.020 Conditions and limitations. The proceeds
from the sale of the bonds authorized in RCW 43.99K.010
shall be deposited in the state building construction account
created by RCW 43.83.020. The proceeds shall be transferred
as follows:
(1) Seven hundred eighty-five million four hundred
thirty-eight thousand dollars to remain in the state building
construction account created by RCW 43.83.020;
(2) Twenty-two million five hundred thousand dollars to
the outdoor recreation account created by *RCW 43.99.060;
(3) Twenty-one million one hundred thousand dollars to
the habitat conservation account created by *RCW
43.98A.020;
(4) Two million nine hundred twelve thousand dollars to
the public safety reimbursable bond account; and
(5) Ten million dollars to the higher education construction account created by RCW 28B.14D.040.
These proceeds shall be used exclusively for the purposes specified in this section and for the payment of
expenses incurred in the issuance and sale of the bonds issued
for the purposes of this section, and shall be administered by
the office of financial management subject to legislative
appropriation. [1997 c 456 § 42; 1995 2nd sp.s. c 17 § 2.]
*Reviser's note: RCW 43.99.060 and 43.98A.020 were recodified as
RCW 79A.25.060 and 79A.15.020, respectively, pursuant to 1999 c 249 §
1601.
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
(2004 Ed.)
Financing for Appropriations—1997-1999 Biennium
43.99K.030
43.99K.030 Retirement of bonds—Reimbursement
of general fund—Pledge and promise—Remedies. (1)(a)
The debt-limit general fund bond retirement account shall be
used for the payment of the principal of and interest on the
bonds authorized in RCW 43.99K.020 (1), (2), and (3).
(b) The debt-limit reimbursable bond retirement account
shall be used for the payment of the principal of and interest
on the bonds authorized in RCW 43.99K.020(4).
(c) The nondebt-limit reimbursable bond retirement
account shall be used for the payment of the principal of and
interest on the bonds authorized in RCW 43.99K.020(5).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond retirement and interest requirements. Not less than thirty days prior
to the date on which any interest or principal and interest payment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit
in the debt-limit general fund bond retirement account, debtlimit reimbursable bond retirement account, nondebt-limit
reimbursable bond retirement account, as necessary, an
amount equal to the amount certified by the state finance
committee to be due on the payment date.
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99K.020(4), the state treasurer shall transfer from
the public safety and education account to the general fund of
the state treasury the amount computed in subsection (2) of
this section for the bonds issued for the purposes of RCW
43.99K.020(4).
(4) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99K.020(5), the board of regents of the University
of Washington shall cause to be paid out of University of
Washington nonappropriated local funds to the state treasurer
for deposit into the general fund of the state treasury the
amount computed in subsection (2) of this section for bonds
issued for the purposes of RCW 43.99K.020(5).
(5) Bonds issued under this section and RCW
43.99K.010 and 43.99K.020 shall state that they are a general
obligation of the state of Washington, shall pledge the full
faith and credit of the state to the payment of the principal
thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same
shall become due.
(6) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [1997 c
456 § 23; 1995 2nd sp.s. c 17 § 3.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
43.99K.040
43.99K.040 Additional means for payment of principal and interest. The legislature may provide additional
means for raising moneys for the payment of the principal of
and interest on the bonds authorized in RCW 43.99K.010,
and RCW 43.99K.030 shall not be deemed to provide an
exclusive method for the payment. [1995 2nd sp.s. c 17 § 4.]
(2004 Ed.)
43.99L.020
43.99K.050
43.99K.050 Legal investment. The bonds authorized
in RCW 43.99K.010 shall be a legal investment for all state
funds or funds under state control and for all funds of any
other public body. [1995 2nd sp.s. c 17 § 5.]
43.99K.900
43.99K.900 Severability—1995 2nd sp.s. c 17. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1995 2nd sp.s. c 17 § 8.]
Chapter 43.99L RCW
FINANCING FOR APPROPRIATIONS—
1997-1999 BIENNIUM
Chapter 43.99L
Sections
43.99L.010 General obligation bonds for capital and operating appropriations acts.
43.99L.020 Conditions and limitations.
43.99L.030 Retirement of bonds—Reimbursement of general fund from
debt-limit general fund bond retirement account.
43.99L.040 Retirement of bonds—Reimbursement of general fund from
debt-limit reimbursable bond retirement account.
43.99L.050 Retirement of bonds—Reimbursement of general fund from
nondebt-limit reimbursable bond retirement account.
43.99L.060 Pledge and promise—Remedies.
43.99L.070 Payment of principal and interest—Additional means for raising moneys authorized.
43.99L.080 Legal investment.
43.99L.900 Severability—1997 c 456.
43.99L.010
43.99L.010 General obligation bonds for capital and
operating appropriations acts. For the purpose of providing funds to finance the projects described and authorized by
the legislature in the capital and operating appropriations acts
for the 1997-99 fiscal biennium only, and all costs incidental
thereto, the state finance committee is authorized to issue
general obligation bonds of the state of Washington in the
sum of nine hundred eighty-nine million dollars, or as much
thereof as may be required, to finance these projects and all
costs incidental thereto. Bonds authorized in this section may
be sold at such price as the state finance committee shall
determine. No bonds authorized in this section may be
offered for sale without prior legislative appropriation of the
net proceeds of the sale of the bonds. [1997 c 456 § 1.]
43.99L.020
43.99L.020 Conditions and limitations. The proceeds
from the sale of the bonds authorized in RCW 43.99L.010
shall be deposited in the state building construction account
created by RCW 43.83.020. The proceeds shall be transferred
as follows:
(1) Nine hundred fifteen million dollars to remain in the
state building construction account created by RCW
43.83.020;
(2) One million six hundred thousand dollars to the public safety reimbursable bond account; and
(3) Forty-four million three hundred thousand dollars to
the higher education construction account created by RCW
28B.14D.040.
These proceeds shall be used exclusively for the purposes specified in this section and for the payment of
expenses incurred in the issuance and sale of the bonds issued
for the purposes of this section, and shall be administered by
[Title 43 RCW—page 453]
43.99L.030
Title 43 RCW: State Government—Executive
the office of financial management subject to legislative
appropriation. [1997 c 456 § 2.]
43.99L.030
43.99L.030 Retirement of bonds—Reimbursement
of general fund from debt-limit general fund bond retirement account. (1) The debt-limit general fund bond retirement account shall be used for the payment of the principal of
and interest on the bonds authorized in RCW 43.99L.020(1).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in
RCW 43.99L.020(1).
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purpose of
RCW 43.99L.020(1), the state treasurer shall withdraw from
any general state revenues received in the state treasury and
deposit in the debt-limit general fund bond retirement
account an amount equal to the amount certified by the state
finance committee to be due on the payment date. [1997 c
456 § 3.]
43.99L.060
43.99L.060 Pledge and promise—Remedies. (1)
Bonds issued under RCW 43.99L.010 through 43.99L.050
shall state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon, and shall contain an unconditional promise to pay
the principal and interest as the same shall become due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [1997 c
456 § 6.]
43.99L.070
43.99L.070 Payment of principal and interest—
Additional means for raising moneys authorized. The legislature may provide additional means for raising moneys for
the payment of the principal of and interest on the bonds
authorized in RCW 43.99L.010, and RCW 43.99L.030
through 43.99L.050 shall not be deemed to provide an exclusive method for the payment. [1997 c 456 § 7.]
43.99L.080
43.99L.040
43.99L.040 Retirement of bonds—Reimbursement
of general fund from debt-limit reimbursable bond retirement account. (1) The debt-limit reimbursable bond retirement account shall be used for the payment of the principal of
and interest on the bonds authorized in RCW 43.99L.020(2).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bonds
[bond] retirement and interest requirements on the bonds
authorized in RCW 43.99L.020(2).
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purpose of
RCW 43.99L.020(2), the state treasurer shall transfer from
the public safety and education account to the debt-limit
reimbursable bond retirement account the amount computed
in subsection (2) of this section for the bonds issued for the
purpose of RCW 43.99L.020(2). [1997 c 456 § 4.]
43.99L.050
43.99L.050 Retirement of bonds—Reimbursement
of general fund from nondebt-limit reimbursable bond
retirement account. (1) The nondebt-limit reimbursable
bond retirement account shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.99L.020(3).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in
RCW 43.99L.020(3).
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99L.020(3), the board of regents of the University
of Washington shall cause to be paid out of University of
Washington nonappropriated local funds to the state treasurer
for deposit into the nondebt-limit reimbursable bond retirement account the amount computed in subsection (2) of this
section for bonds issued for the purposes of RCW
43.99L.020(3). [1997 c 456 § 5.]
[Title 43 RCW—page 454]
43.99L.080 Legal investment. The bonds authorized in
RCW 43.99L.010 shall be a legal investment for all state
funds or funds under state control and for all funds of any
other public body. [1997 c 456 § 8.]
43.99L.900
43.99L.900 Severability—1997 c 456. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1997 c 456 § 46.]
Chapter 43.99M
Chapter 43.99M RCW
BOND RETIREMENT ACCOUNTS
Sections
43.99M.005
43.99M.010
43.99M.020
43.99M.030
43.99M.040
43.99M.050
43.99M.060
43.99M.070
43.99M.080
43.99M.900
43.99M.901
Findings.
Debt-limit general fund bond retirement account.
Debt-limit reimbursable bond retirement account.
Nondebt-limit general fund bond retirement account.
Nondebt-limit reimbursable bond retirement account.
Nondebt-limit proprietary appropriated bond retirement
account.
Nondebt-limit proprietary nonappropriated bond retirement
account.
Nondebt-limit revenue bond retirement account.
Transportation improvement board bond retirement account.
Severability—1997 c 456.
Effective date—1997 c 456 §§ 9-43.
43.99M.005
43.99M.005 Findings. (1) The legislature declares that
it is in the best interest of the state and the owners and holders
of the bonds issued by the state and its political subdivisions
that the accounts used by the treasurer for debt service retirement are accurately designated and named in statute.
(2) It is the intent of the legislature in this chapter and
sections 10 through 37, chapter 456, Laws of 1997 to create
and change the names of funds and accounts to accomplish
the declaration under subsection (1) of this section. The legislature does not intend to diminish in any way the current
obligations of the state or its political subdivisions or diminish in any way the rights of bond owners and holders. [1997
c 456 § 9.]
(2004 Ed.)
Stadium and Exhibition Center Bond Issue (Referendum 48)
43.99M.010
43.99M.010 Debt-limit general fund bond retirement
account. The debt-limit general fund bond retirement
account is created in the state treasury. This account shall be
exclusively devoted to the payment of principal and interest
on and retirement of the bonds authorized by the legislature.
[1997 c 456 § 30.]
43.99N.020
43.99M.901
43.99M.901 Effective date—1997 c 456 §§ 9-43. Sections 9 through 43 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions,
and take effect immediately [May 20, 1997]. [1997 c 456 §
47.]
43.99M.020
43.99M.020 Debt-limit reimbursable bond retirement account. The debt-limit reimbursable bond retirement
account is created in the state treasury. This account shall be
exclusively devoted to the payment of principal and interest
on and retirement of the bonds authorized by the legislature.
[1997 c 456 § 31.]
43.99M.030
43.99M.030 Nondebt-limit general fund bond retirement account. The nondebt-limit general fund bond retirement account is created in the state treasury. This account
shall be exclusively devoted to the payment of principal and
interest on and retirement of the bonds authorized by the legislature. [1997 c 456 § 32.]
43.99M.040
43.99M.040 Nondebt-limit reimbursable bond
retirement account. The nondebt-limit reimbursable bond
retirement account is created in the state treasury. This
account shall be exclusively devoted to the payment of principal and interest on and retirement of the bonds authorized
by the legislature. [1997 c 456 § 33.]
43.99M.050
43.99M.050 Nondebt-limit proprietary appropriated
bond retirement account. The nondebt-limit proprietary
appropriated bond retirement account is created in the state
treasury. This account shall be exclusively devoted to the
payment of principal and interest on and retirement of the
bonds authorized by the legislature. [1997 c 456 § 34.]
43.99M.060
43.99M.060 Nondebt-limit proprietary nonappropriated bond retirement account. The nondebt-limit proprietary nonappropriated bond retirement account is created in
the state treasury. This account shall be exclusively devoted
to the payment of principal and interest on and retirement of
the bonds authorized by the legislature. [1997 c 456 § 35.]
Chapter 43.99N RCW
STADIUM AND EXHIBITION CENTER BOND ISSUE
(REFERENDUM 48)
Chapter 43.99N
Sections
43.99N.010 Definitions.
43.99N.020 General obligation bonds—Certifications by public stadium
authority—Obligations of team affiliate.
43.99N.030 Escrow agreement, account—Distributions.
43.99N.040 Stadium and exhibition center construction account.
43.99N.050 Payment of principal and interest from nondebt-limit reimbursable bond retirement account—Transfers of certified
amounts—Bonds as general obligation, full faith and credit,
promise to pay—Insufficiency in stadium and exhibition
center account as obligation—Proceedings to require transfer and payment.
43.99N.060 Stadium and exhibition center account—Youth athletic facility account—Community outdoor athletic facility loans and
grants.
43.99N.070 Sections null and void if certification not made by office of
financial management—Conditions.
43.99N.080 Additional means for raising moneys authorized.
43.99N.090 Bonds as legal investment.
43.99N.100 Total public share—State contribution limited.
43.99N.110 Bonds exempt from statutory indebtedness.
43.99N.120 Loans—Terms and conditions of repayment and interest.
43.99N.800 Referendum only measure for taxes for stadium and exhibition
center—Limiting legislation upon failure to approve—1997
c 220.
43.99N.801 Legislation as opportunity for voter's decision—Not indication
of legislators' personal vote on referendum proposal—1997 c
220.
43.99N.802 Contingency—Null and void—Team affiliate's agreement for
reimbursement for election—1997 c 220.
43.99N.803 Referendum—Submittal—Explanatory statement—Voters'
pamphlet—Voting procedures—Canvassing and certification—Reimbursement of counties for costs—No other elections on stadium and exhibition center—1997 c 220.
43.99N.900 Part headings not law—1997 c 220.
43.99N.901 Severability—1997 c 220.
43.99N.010
43.99N.010 Definitions. The definitions in RCW
36.102.010 apply to this chapter. [1997 c 220 § 209 (Referendum Bill No. 48, approved June 17, 1997).]
43.99M.070
43.99M.070 Nondebt-limit revenue bond retirement
account. The nondebt-limit revenue bond retirement
account is created in the state treasury. This account shall be
exclusively devoted to the payment of principal and interest
on and retirement of the bonds authorized by the legislature.
[1997 c 456 § 36.]
43.99M.080
43.99M.080 Transportation improvement board
bond retirement account. The transportation improvement
board bond retirement account is created in the state treasury.
This account shall be exclusively devoted to the payment of
principal and interest on and retirement of the bonds authorized by the legislature. [1997 c 456 § 37.]
43.99M.900
43.99M.900 Severability—1997 c 456.
43.99L.900.
(2004 Ed.)
See RCW
43.99N.020
43.99N.020 General obligation bonds—Certifications by public stadium authority—Obligations of team
affiliate. (1) For the purpose of providing funds to pay for
operation of the public stadium authority created under RCW
36.102.020, to pay for the preconstruction, site acquisition,
design, site preparation, construction, owning, leasing, and
equipping of the stadium and exhibition center, and to reimburse the county or the public stadium authority for its direct
or indirect expenditures or to repay other indebtedness
incurred for these purposes, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of three hundred million dollars, or so
much thereof as may be required, for these purposes and all
costs incidental thereto. Bonds authorized in this section may
be sold at such price as the state finance committee shall
determine.
[Title 43 RCW—page 455]
43.99N.030
Title 43 RCW: State Government—Executive
(2) Bonds shall not be issued under this section unless
the public stadium authority has certified to the director of
financial management that:
(a) A professional football team has made a binding and
legally enforceable contractual commitment to play all of its
regular season and playoff home games in the stadium and
exhibition center, other than games scheduled elsewhere by
the league, for a period of time not shorter than the term of the
bonds issued or to be issued to finance the initial construction
of the stadium and exhibition center;
(b) A team affiliate has entered into one or more binding
and legally enforceable contractual commitments with a public stadium authority under RCW 36.102.050 that provide
that:
(i) The team affiliate assumes the risks of cost overruns;
(ii) The team affiliate shall raise at least one hundred
million dollars, less the amount, if any, raised by the public
stadium authority under RCW 36.102.060(15). The total one
hundred million dollars raised, which may include cash payments and in-kind contributions, but does not include any
interest earned on the escrow account described in RCW
43.99N.030, shall be applied toward the reasonably necessary preconstruction, site acquisition, design, site preparation, construction, and equipping of the stadium and exhibition center, or to any associated public purpose separate from
bond-financed expenses. No part of the payment may be
made without the consent of the public stadium authority. In
any event, all amounts to be raised by the team affiliate under
(b)(ii) of this subsection shall be paid or expended before the
completion of the construction of the stadium and exhibition
center. To the extent possible, contributions shall be structured in a manner that would allow for the issuance of bonds
to construct the stadium and exhibition center that are exempt
from federal income taxes;
(iii) The team affiliate shall deposit at least ten million
dollars into the *youth athletic facility grant account created
in RCW 43.99N.060 upon execution of the lease and development agreements in RCW 36.102.060 (7) and (8);
(iv) At least ten percent of the seats in the stadium for
home games of the professional football team shall be for sale
at an affordable price. For the purposes of this subsection,
"affordable price" means that the price is the average of the
lowest ticket prices charged by all other national football
league teams;
(v) One executive suite with a minimum of twenty seats
must be made available, on a lottery basis, as a free upgrade,
at home games of the professional football team, to purchasers of tickets that are not located in executive suites or club
seat areas;
(vi) A nonparticipatory interest in the professional football team has been granted to the state beginning on the date
on which bonds are issued under this section which only entitles the state to receive ten percent of the gross selling price
of the interest in the team that is sold if a majority interest or
more of the professional football team is sold within twentyfive years of the date on which bonds are issued under the
[this] section. The ten percent shall apply to all preceding
sales of interests in the team which comprise the majority
interest sold. This provision shall apply only to the first sale
of such a majority interest. The ten percent must be deposited
in the permanent common school fund. If the debt is retired at
[Title 43 RCW—page 456]
the time of the sale, then the ten percent may only be used for
costs associated with capital maintenance, capital improvements, renovations, reequipping, replacement, and operations
of the stadium and exhibition center;
(vii) The team affiliate must provide reasonable office
space to the public stadium authority without charge;
(viii) The team affiliate, in consultation with the public
stadium authority, shall work with surrounding areas to mitigate the impact of the construction and operation of the stadium and exhibition center with a budget of at least ten million dollars dedicated to area mitigation. For purposes of this
subsection, "mitigation" includes, but is not limited to, parking facilities and amenities, neighborhood beautification
projects and landscaping, financial grants for neighborhood
programs intended to mitigate adverse impacts caused by the
construction and operation of the stadium and exhibition center, and mitigation measures identified in the environmental
impact statement required for the stadium and exhibition center under chapter 43.21C RCW; and
(ix) Twenty percent of the net profit from the operation
of the exhibition facility of the stadium and exhibition center
shall be deposited into the permanent common school fund.
Profits shall be verified by the public stadium authority.
[1997 c 220 § 210 (Referendum Bill No. 48, approved June
17, 1997).]
*Reviser's note: The "youth athletic facility grant account" was
renamed the "youth athletic facility account" by 2000 c 137 § 1.
43.99N.030 Escrow agreement, account—Distributions. On or before August 1, 1997: (1) The state treasurer
and a team affiliate or an entity that has an option to become
a team affiliate shall enter into an escrow agreement creating
an escrow account; and (2) the team affiliate or the entity that
has an option to become a team affiliate shall deposit the sum
of fifty million dollars into the escrow account as a credit
against the obligation of the team affiliate in RCW
43.99N.020(2)(b)(ii).
The escrow agreement shall provide that the fifty million
dollar deposit shall be invested by the state treasurer and shall
earn interest. If the stadium and exhibition center project proceeds, then the interest on amounts in the escrow account
shall be for the benefit of the state, and all amounts in the
escrow account, including all principal and interest, shall be
distributed to the stadium and exhibition center account. The
escrow agreement shall provide for appropriate adjustments
based on amounts previously and subsequently raised by the
team affiliate under RCW 43.99N.020(2)(b)(ii) and amounts
previously and subsequently raised by the public stadium
authority under RCW 36.102.060(15). If the stadium and
exhibition center project does not proceed, all principal and
the interest in the escrow account shall be distributed to the
team affiliate or the entity that has an option to become a
team affiliate. [1997 c 220 § 211 (Referendum Bill No. 48,
approved June 17, 1997).]
43.99N.030
43.99N.040 Stadium and exhibition center construction account. The proceeds from the sale of the bonds authorized in RCW 43.99N.020 shall be deposited in the stadium
and exhibition center construction account, hereby created in
the custody of the state treasurer, and shall be used exclusively for the purposes specified in RCW 43.99N.020 and for
43.99N.040
(2004 Ed.)
Stadium and Exhibition Center Bond Issue (Referendum 48)
the payment of expenses incurred in the issuance and sale of
the bonds. These proceeds shall be administered by the office
of financial management. Only the director of the office of
financial management or the director's designee may authorize expenditures from the account. The account is subject to
the allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures. At the direction of the office of financial management the state treasurer
shall transfer moneys from the stadium and exhibition center
construction account to the public stadium authority created
in RCW 36.102.020 as required by the public stadium authority. [1997 c 220 § 212 (Referendum Bill No. 48, approved
June 17, 1997).]
43.99N.050
43.99N.050 Payment of principal and interest from
nondebt-limit reimbursable bond retirement account—
Transfers of certified amounts—Bonds as general obligation, full faith and credit, promise to pay—Insufficiency
in stadium and exhibition center account as obligation—
Proceedings to require transfer and payment. The nondebt-limit reimbursable bond retirement account shall be
used for the payment of the principal of and interest on the
bonds authorized in RCW 43.99N.020.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount needed
in the ensuing twelve months to meet the bond retirement and
interest requirements. On each date on which any interest or
principal and interest payment is due, the state treasurer shall
transfer from the stadium and exhibition center account to the
nondebt-limit reimbursable bond retirement account an
amount equal to the amount certified by the state finance
committee to be due on the payment date.
Bonds issued under RCW 43.99N.020 shall state that
they are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due. If in any year the amount
accumulated in the stadium and exhibition center account is
insufficient for payment of the principal and interest on the
bonds issued under RCW 43.99N.020, the amount of the
insufficiency shall be a continuing obligation against the stadium and exhibition center account until paid.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1997 c 220 §
213 (Referendum Bill No. 48, approved June 17, 1997).]
43.99N.060
43.99N.060 Stadium and exhibition center account—
Youth athletic facility account—Community outdoor athletic facility loans and grants. (1) The stadium and exhibition center account is created in the custody of the state treasurer. All receipts from the taxes imposed under RCW
82.14.0494 and distributions under RCW 67.70.240(5) shall
be deposited into the account. Only the director of the office
of financial management or the director's designee may
authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW. An
(2004 Ed.)
43.99N.060
appropriation is not required for expenditures from this
account.
(2) Until bonds are issued under RCW 43.99N.020, up to
five million dollars per year beginning January 1, 1999, shall
be used for the purposes of subsection (3)(b) of this section,
all remaining moneys in the account shall be transferred to
the public stadium authority, created under RCW 36.102.020,
to be used for public stadium authority operations and development of the stadium and exhibition center.
(3) After bonds are issued under RCW 43.99N.020, all
moneys in the stadium and exhibition center account shall be
used exclusively for the following purposes in the following
priority:
(a) On or before June 30th of each year, the office of
financial management shall accumulate in the stadium and
exhibition center account an amount at least equal to the
amount required in the next succeeding twelve months for the
payment of principal of and interest on the bonds issued
under RCW 43.99N.020;
(b) An additional reserve amount not in excess of the
expected average annual principal and interest requirements
of bonds issued under RCW 43.99N.020 shall be accumulated and maintained in the account, subject to withdrawal by
the state treasurer at any time if necessary to meet the requirements of (a) of this subsection, and, following any withdrawal, reaccumulated from the first tax revenues and other
amounts deposited in the account after meeting the requirements of (a) of this subsection; and
(c) The balance, if any, shall be transferred to the youth
athletic facility account under subsection (4) of this section.
Any revenues derived from the taxes authorized by
RCW 36.38.010(5) and 36.38.040 or other amounts that if
used as provided under (a) and (b) of this subsection would
cause the loss of any tax exemption under federal law for
interest on bonds issued under RCW 43.99N.020 shall be
deposited in and used exclusively for the purposes of the
youth athletic facility account and shall not be used, directly
or indirectly, as a source of payment of principal of or interest
on bonds issued under RCW 43.99N.020, or to replace or
reimburse other funds used for that purpose.
(4) Any moneys in the stadium and exhibition center
account not required or permitted to be used for the purposes
described in subsection (3)(a) and (b) of this section shall be
deposited in the youth athletic facility account hereby created
in the state treasury. Expenditures from the account may be
used only for purposes of grants or loans to cities, counties,
and qualified nonprofit organizations for community outdoor
athletic facilities. Only the director of the interagency committee for outdoor recreation or the director's designee may
authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but
an appropriation is not required for expenditures. The athletic
facility grants or loans may be used for acquiring, developing, equipping, maintaining, and improving community outdoor athletic facilities. Funds shall be divided equally
between the development of new community outdoor athletic
facilities, the improvement of existing community outdoor
athletic facilities, and the maintenance of existing community
outdoor athletic facilities. Cities, counties, and qualified nonprofit organizations must submit proposals for grants or loans
from the account. To the extent that funds are available, cit[Title 43 RCW—page 457]
43.99N.070
Title 43 RCW: State Government—Executive
ies, counties, and qualified nonprofit organizations must meet
eligibility criteria as established by the director of the interagency committee for outdoor recreation. The grants and
loans shall be awarded on a competitive application process
and the amount of the grant or loan shall be in proportion to
the population of the city or county for where the community
outdoor athletic facility is located. Grants or loans awarded in
any one year need not be distributed in that year. The director
of the interagency committee for outdoor recreation may
expend up to one and one-half percent of the moneys deposited in the account created in this subsection for administrative purposes. [2000 c 137 § 1; 1997 c 220 § 214 (Referendum Bill No. 48, approved June 17, 1997).]
43.99N.070 Sections null and void if certification not
made by office of financial management—Conditions.
Unless *the office of financial management certifies by
December 31, 1997, that the following conditions have been
met, sections 201 through 208, chapter 220, Laws of 1997 are
null and void:
(1) The professional football team that will use the stadium and exhibition center is at least majority-owned and
controlled by, directly or indirectly, one or more persons who
are each residents of the state of Washington and who have
been residents of the state of Washington continuously since
at least January 1, 1993;
(2) The county in which the stadium and exhibition center is to be constructed has created a public stadium authority
under this chapter to acquire property, construct, own,
remodel, maintain, equip, reequip, repair, and operate a stadium and exhibition center;
(3) The county in which the stadium and exhibition center is to be constructed has enacted the taxes authorized in
RCW 36.38.010(5) and 36.38.040; and
(4) The county in which the stadium and exhibition center is to be constructed pledges to maintain and continue the
taxes authorized in RCW 36.38.010(5), 67.28.180, and
36.38.040 until the bonds authorized in RCW 43.99N.020 are
fully redeemed, both principal and interest. [1997 c 220 §
215 (Referendum Bill No. 48, approved June 17, 1997).]
43.99N.070
*Reviser's note: The office of financial management certified on
December 3, 1997, that the conditions in subsections (1) through (4) of this
section had been met.
the purposes of this section, "total public share" means all
state and local funds expended for preconstruction and construction costs of the stadium and exhibition center, including
proceeds of any bonds issued for the purposes of the stadium
and exhibition center, tax revenues, and interest earned on the
escrow account described in RCW 43.99N.030 and not
including expenditures for deferred sales taxes.
(2) Sections 201 through 207, chapter 220, Laws of 1997
and this chapter constitute the entire state contribution for a
stadium and exhibition center. The state will not make any
additional contributions based on revised cost or revenue
estimates, cost overruns, unforeseen circumstances, or any
other reason. [1997 c 220 § 218 (Referendum Bill No. 48,
approved June 17, 1997).]
43.99N.110
43.99N.110 Bonds exempt from statutory indebtedness. The bonds authorized for the purposes identified in
RCW 43.99N.020 are exempt from the statutory limitations
of indebtedness under RCW 39.42.060. [1997 c 220 § 219
(Referendum Bill No. 48, approved June 17, 1997).]
43.99N.120
43.99N.120 Loans—Terms and conditions of repayment and interest. The Washington state interagency committee for outdoor recreation, in consultation with the community outdoor athletic fields advisory council, shall establish the terms and conditions of repayment and interest, based
on financial considerations for any loans made under this section. Loans made under this section shall be low or no interest. [2000 c 137 § 2.]
43.99N.800
43.99N.800 Referendum only measure for taxes for
stadium and exhibition center—Limiting legislation upon
failure to approve—1997 c 220. See RCW 36.102.800.
43.99N.801
43.99N.801 Legislation as opportunity for voter's
decision—Not indication of legislators' personal vote on
referendum proposal—1997 c 220. See RCW 36.102.801.
43.99N.802
43.99N.080 Additional means for raising moneys
authorized. The legislature may provide additional means
for raising moneys for the payment of the principal of and
interest on the bonds authorized in RCW 43.99N.020, and
RCW 43.99N.050 shall not be deemed to provide an exclusive method for the payment. [1997 c 220 § 216 (Referendum Bill No. 48, approved June 17, 1997).]
43.99N.080
43.99N.090 Bonds as legal investment. The bonds
authorized in RCW 43.99N.020 shall be a legal investment
for all state funds or funds under state control and for all
funds of any other public body. [1997 c 220 § 217 (Referendum Bill No. 48, approved June 17, 1997).]
43.99N.090
43.99N.100 Total public share—State contribution
limited. (1) The total public share of a stadium and exhibition center shall not exceed three hundred million dollars. For
43.99N.802 Contingency—Null and void—Team
affiliate's agreement for reimbursement for election—
1997 c 220. See RCW 36.102.802.
43.99N.803
43.99N.803 Referendum—Submittal—Explanatory
statement—Voters' pamphlet—Voting procedures—
Canvassing and certification—Reimbursement of counties for costs—No other elections on stadium and exhibition center—1997 c 220. See RCW 36.102.803.
43.99N.900
43.99N.900 Part headings not law—1997 c 220. See
RCW 36.102.900.
43.99N.100
[Title 43 RCW—page 458]
43.99N.901
43.99N.901 Severability—1997 c 220.
36.102.901.
See RCW
(2004 Ed.)
Financing for Appropriations—1999-2001 Biennium
Chapter 43.99P
Chapter 43.99P RCW
FINANCING FOR APPROPRIATIONS—
1999-2001 BIENNIUM
Sections
43.99P.010
43.99P.020
43.99P.030
43.99P.040
43.99P.050
43.99P.060
43.99P.070
43.99P.900
43.99P.901
General obligation bonds for capital and operating appropriations acts.
Conditions and limitations.
Retirement of bonds—Reimbursement of general fund from
debt-limit general fund bond retirement account.
Retirement of bonds—Reimbursement of general fund from
nondebt-limit reimbursable bond retirement account.
Pledge and promise—Remedies.
Payment of principal and interest—Additional means for
raising moneys authorized.
Legal investment.
Severability—1999 c 380.
Effective date—1999 c 380.
43.99P.010
43.99P.010 General obligation bonds for capital and
operating appropriations acts. For the purpose of providing funds to finance the projects described and authorized by
the legislature in the capital and operating appropriation acts
for the 1999-01 fiscal biennium only, and all costs incidental
thereto, the state finance committee is authorized to issue
general obligation bonds of the state of Washington in the
sum of one billion two hundred four million two hundred
sixty-five thousand dollars, or as much thereof as may be
required, to finance these projects and all costs incidental
thereto. Bonds authorized in this section may be sold at such
price as the state finance committee shall determine. No
bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the
sale of the bonds. [1999 c 380 § 1.]
43.99P.020
43.99P.020 Conditions and limitations. The proceeds
from the sale of the bonds authorized in RCW 43.99P.010
shall be deposited in the state building construction account
created by RCW 43.83.020. The proceeds shall be transferred
as follows:
(1) Nine hundred fifty million dollars to remain in the
state building construction account created by RCW
43.83.020;
(2) Twenty-two million five hundred thousand dollars to
the outdoor recreation account created by *RCW 43.99.060;
(3) Twenty-two million five hundred thousand dollars to
the habitat conservation account created by *RCW
43.98A.020;
(4) One hundred thirty-six million eight hundred thirtysix thousand dollars to the higher education construction
account created by RCW 28B.14D.040;
(5) Thirty-six million three hundred thousand dollars to
the state higher education construction account created by
RCW 28B.10.851.
These proceeds shall be used exclusively for the purposes specified in this section and for the payment of
expenses incurred in the issuance and sale of the bonds issued
for the purposes of this section, and shall be administered by
the office of financial management subject to legislative
appropriation. [1999 c 380 § 2.]
*Reviser's note: RCW 43.99.060 and 43.98A.020 were recodified as
RCW 79A.25.060 and 79A.15.020, respectively, pursuant to 1999 c 249 §
1601.
(2004 Ed.)
43.99P.050
43.99P.030
43.99P.030 Retirement of bonds—Reimbursement of
general fund from debt-limit general fund bond retirement account. (1) The debt-limit general fund bond retirement account shall be used for the payment of the principal of
and interest on the bonds authorized in RCW 43.99P.020 (1),
(2), and (3).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in
RCW 43.99P.020 (1), (2), and (3).
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99P.020 (1), (2), and (3) the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the debt-limit general fund bond
retirement account an amount equal to the amount certified
by the state finance committee to be due on the payment date.
[1999 c 380 § 3.]
43.99P.040
43.99P.040 Retirement of bonds—Reimbursement of
general fund from nondebt-limit reimbursable bond
retirement account. (1) The nondebt-limit reimbursable
bond retirement account shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.99P.020 (4) and (5).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in
RCW 43.99P.020 (4) and (5).
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99P.020(4), the board of regents of the University
of Washington shall cause to be paid out of University of
Washington nonappropriated local funds to the state treasurer
for deposit into the nondebt-limit reimbursement bond retirement account the amount computed in subsection (2) of this
section for bonds issued for the purposes of RCW
43.99P.020(4).
(4) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99P.020(5), the board of regents of Washington
State University shall cause to be paid out of the Washington
State University nonappropriated funds to the state treasurer
for deposit into the nondebt-limit reimbursement bond retirement account the amount computed in subsection (2) of this
section for bonds issued for the purposes of RCW
43.99P.020(5). [1999 c 380 § 4.]
43.99P.050
43.99P.050 Pledge and promise—Remedies. (1)
Bonds issued under RCW 43.99P.010 through 43.99P.040
shall state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon, and shall contain an unconditional promise to pay
the principal and interest as the same shall become due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the trans[Title 43 RCW—page 459]
43.99P.060
Title 43 RCW: State Government—Executive
fer and payment of funds as directed in this section. [1999 c
380 § 5.]
43.99P.060
43.99P.060 Payment of principal and interest—
Additional means for raising moneys authorized. The legislature may provide additional means for raising moneys for
the payment of the principal of and interest on the bonds
authorized in RCW 43.99P.010, and RCW 43.99P.020
through 43.99P.040 shall not be deemed to provide an exclusive method for the payment. [1999 c 380 § 6.]
43.99P.070 Legal investment. The bonds authorized in
RCW 43.99P.010 shall be a legal investment for all state
funds or funds under state control and for all funds of any
other public body. [1999 c 380 § 7.]
43.99P.070
43.99P.900 Severability—1999 c 380. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1999 c 380 § 10.]
43.99P.900
43.99P.901
43.99P.901 Effective date—1999 c 380. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[May 18, 1999]. [1999 c 380 § 12.]
Chapter 43.99Q RCW
FINANCING FOR APPROPRIATIONS—
2001-2003 BIENNIUM
Chapter 43.99Q
Sections
43.99Q.010 General obligation bonds for capital and operating appropriations acts.
43.99Q.020 Conditions and limitations.
43.99Q.030 Retirement of bonds—Reimbursement of general fund from
debt-limit general fund bond retirement account.
43.99Q.040 Retirement of bonds—Reimbursement of general fund from
nondebt-limit reimbursable bond retirement account.
43.99Q.050 Pledge and promise—Remedies.
43.99Q.060 Payment of principal and interest—Additional means for raising money authorized.
43.99Q.070 East plaza garage project—General obligation bonds.
43.99Q.080 East plaza garage project—Conditions and limitations.
43.99Q.090 East plaza garage project—Retirement of bonds—Reimbursement of general fund from nondebt-limit reimbursable bond
retirement account.
43.99Q.100 East plaza garage project—Pledge and promise—Remedies.
43.99Q.110 East plaza garage project—Payment of principal and interest—Additional means for raising moneys authorized.
43.99Q.120 Legislative building rehabilitation project—Finding—
Intent—Exemption from debt limit.
43.99Q.130 Legislative building rehabilitation project—General obligation bonds.
43.99Q.140 Legislative building rehabilitation project—Retirement of
bonds—Reimbursement of general fund from nondebt-limit
reimbursable bond retirement account.
43.99Q.150 Legislative building rehabilitation project—Pledge and promise—Remedies.
43.99Q.160 Legislative building rehabilitation project—Payment of principal and interest—Additional means for raising money
authorized.
43.99Q.170 Legal investment.
43.99Q.900 Severability—2001 2nd sp.s. c 9.
43.99Q.901 Effective date—2001 2nd sp.s. c 9.
43.99Q.010 General obligation bonds for capital and
operating appropriations acts. For the purpose of provid43.99Q.010
[Title 43 RCW—page 460]
ing funds to finance the projects described and authorized by
the legislature in the capital and operating appropriation acts
for the 2001-2003 fiscal biennium, and all costs incidental
thereto, the state finance committee is authorized to issue
general obligation bonds of the state of Washington in the
sum of nine hundred thirty-five million five hundred thousand dollars, or as much thereof as may be required, to
finance these projects and all costs incidental thereto. Bonds
authorized in this section may be sold at such price as the
state finance committee shall determine. No bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the
bonds. [2001 2nd sp.s. c 9 § 1.]
43.99Q.020
43.99Q.020 Conditions and limitations. The proceeds
from the sale of the bonds authorized in RCW 43.99Q.010
shall be deposited in the state building construction account
created by RCW 43.83.020. The proceeds shall be transferred
as follows:
(1) Seven hundred seventy-four million two hundred
thousand dollars to remain in the state building construction
account created by RCW 43.83.020;
(2) Twenty-two million five hundred thousand dollars to
the outdoor recreation account created by RCW 79A.25.060;
(3) Twenty-two million five hundred thousand dollars to
the habitat conserv ation accoun t created by RCW
79A.15.020;
(4) Sixty million dollars to the state taxable building construction account which is hereby established in the state
treasury. All receipts from taxable bond issues are to be
deposited into the account. If the state finance committee
deems it necessary to issue more than fifty million dollars of
the bonds authorized in RCW 43.99Q.010 as taxable bonds in
order to comply with federal internal revenue service rules
and regulations pertaining to the use of nontaxable bond proceeds, the proceeds of such additional taxable bonds shall be
transferred to the state taxable building construction account
in lieu of any transfer otherwise provided by this section. The
state treasurer shall submit written notice to the director of
financial management if it is determined that any such additional transfer to the state taxable building construction
account is necessary. Moneys in the account may be spent
only after appropriation;
(5) Twenty-nine million twenty-five thousand dollars to
the higher education construction account created by RCW
28B.140.040 [28B.14D.040].
These proceeds shall be used exclusively for the purposes specified in this section and for the payment of
expenses incurred in the issuance and sale of the bonds issued
for the purposes of this section, and shall be administered by
the office of financial management subject to legislative
appropriation. [2001 2nd sp.s. c 9 § 2.]
43.99Q.030
43.99Q.030 Retirement of bonds—Reimbursement
of general fund from debt-limit general fund bond retirement account. (1) The debt-limit general fund bond retirement account shall be used for the payment of the principal of
and interest on the bonds authorized in RCW 43.99Q.020 (1),
(2), (3), and (4).
(2004 Ed.)
Financing for Appropriations—2001-2003 Biennium
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in
RCW 43.99Q.020 (1), (2), (3), and (4).
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99Q.020 (1), (2), (3), and (4) the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the debt-limit general fund bond
retirement account an amount equal to the amount certified
by the state finance committee to be due on the payment date.
[2001 2nd sp.s. c 9 § 3.]
43.99Q.040
43.99Q.040 Retirement of bonds—Reimbursement
of general fund from nondebt-limit reimbursable bond
retirement account. (1) The nondebt-limit reimbursable
bond retirement account shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
43.99Q.020(5).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in
RCW 43.99Q.020(5).
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99Q.020(5), the board of regents of the University
of Washington shall cause to be paid out of University of
Washington nonappropriated local funds to the state treasurer
for deposit into the nondebt-limit reimbursement bond retirement account the amount computed in subsection (2) of this
section for bonds issued for the purposes of RCW
43.99Q.020(5). [2001 2nd sp.s. c 9 § 4.]
43.99Q.050
43.99Q.050 Pledge and promise—Remedies. (1)
Bonds issued under RCW 43.99Q.010 through 43.99Q.040
shall state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon, and shall contain an unconditional promise to pay
the principal and interest as the same shall become due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [2001
2nd sp.s. c 9 § 5.]
43.99Q.060
43.99Q.060 Payment of principal and interest—
Additional means for raising money authorized. The legislature may provide additional means for raising moneys for
the payment of the principal of and interest on the bonds
authorized in RCW 43.99Q.010, and RCW 43.99Q.020
through 43.99Q.040 shall not be deemed to provide an exclusive method for the payment. [2001 2nd sp.s. c 9 § 6.]
43.99Q.110
garage and revising related landscaping, the state finance
committee is authorized to issue general obligation bonds of
the state of Washington in the sum of sixteen million dollars,
or as much thereof as may be required, to finance this project
and all costs incidental thereto. Bonds authorized in this section may be sold at such price as the state finance committee
shall determine. No bonds authorized in this section may be
offered for sale without prior legislative appropriation of the
net proceeds of the sale of the bonds. [2001 2nd sp.s. c 9 § 7.]
43.99Q.080
43.99Q.080 East plaza garage project—Conditions
and limitations. The proceeds from the sale of the bonds
authorized in RCW 43.99Q.070 shall be deposited in the state
building construction account created by RCW 43.83.020.
The proceeds shall be transferred as follows: Fifteen million
five hundred twenty thousand dollars to the state vehicle
parking account created by RCW 43.01.225.
These proceeds shall be used exclusively for the purposes specified in RCW 43.99Q.070 and for the payment of
expenses incurred in the issuance and sale of the bonds issued
for the purposes of this section, and shall be administered by
the office of financial management subject to legislative
appropriation. [2001 2nd sp.s. c 9 § 8.]
43.99Q.090
43.99Q.090 East plaza garage project—Retirement
of bonds—Reimbursement of general fund from nondebt-limit reimbursable bond retirement account. (1)
The nondebt-limit reimbursable bond retirement account
shall be used for the payment of the principal of and interest
on the bonds authorized in RCW 43.99Q.070.
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in
RCW 43.99Q.070.
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99Q.080, the state treasurer shall transfer from the
state vehicle parking account for deposit into the nondebtlimit reimbursable bond retirement account, the amount computed in subsection (2) of this section for bonds issued for the
purposes of RCW 43.99Q.070. [2001 2nd sp.s. c 9 § 9.]
43.99Q.100
43.99Q.100 East plaza garage project—Pledge and
promise—Remedies. (1) Bonds issued under RCW
43.99Q.070 shall state that they are a general obligation of
the state of Washington, shall pledge the full faith and credit
of the state to the payment of the principal thereof and the
interest thereon, and shall contain an unconditional promise
to pay the principal and interest as the same shall become
due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [2001
2nd sp.s. c 9 § 10.]
43.99Q.070
43.99Q.070 East plaza garage project—General obligation bonds. For the purpose of providing funds for the
planning, design, construction, and other necessary costs for
replacing the waterproof membrane over the east plaza
(2004 Ed.)
43.99Q.110
43.99Q.110 East plaza garage project—Payment of
principal and interest—Additional means for raising
moneys authorized. The legislature may provide additional
[Title 43 RCW—page 461]
43.99Q.120
Title 43 RCW: State Government—Executive
means for raising moneys for the payment of the principal of
and interest on the bonds authorized in RCW 43.99Q.070,
and RCW 43.99Q.080 and 43.99Q.090 shall not be deemed
to provide an exclusive method for the payment. [2001 2nd
sp.s. c 9 § 11.]
43.99Q.120
43.99Q.120 Legislative building rehabilitation
project—Finding—Intent—Exemption from debt limit.
The legislature finds that it is necessary to complete the rehabilitation of the state legislative building, to extend the useful
life of the building, and provide for the permanent relocation
of offices displaced by the rehabilitation and create new
space for public uses.
Furthermore, it is the intent of the legislature to fund the
majority of the rehabilitation and construction using bonds
repaid by the capitol building construction account, as provided for in the enabling act and dedicated by the federal government for the sole purpose of establishing a state capitol, to
fund the cash elements of the project using capital project
surcharge revenues in the Thurston county capital facilities
account, and to support the establishment of a private foundation to engage the public in the preservation of the state legislative building and raise private funds for restoration and
educational efforts. The bonds repaid by the capitol building
construction account, whose revenues are from the sale of
capitol building lands, timber, or other materials, shall be
exempt from the state debt limit under RCW 39.42.060, and
if at any time the capitol building construction account has
insufficient revenues to repay the bonds, the legislature may
provide additional means for the payment of the bonds, but
any such additional means shall be subject to the state debt
limit. [2001 2nd sp.s. c 9 § 13.]
43.99Q.130
43.99Q.130 Legislative building rehabilitation
project—General obligation bonds. For the purpose of
providing funds for the planning, design, construction, and
other necessary costs for the rehabilitation of the state legislative building, the state finance committee is authorized to
issue general obligation bonds of the state of Washington in
the sum of eighty-two million five hundred ten thousand dollars or as much thereof as may be required to finance the
rehabilitation and improvements to the legislative building
and all costs incidental thereto. The approved rehabilitation
plan includes costs associated with earthquake repairs and
future earthquake mitigation and allows for associated relocation costs and the acquisition of appropriate relocation
space. Bonds authorized in this section shall not constitute
indebtedness for purposes of the limitations set forth in RCW
39.42.060, to the extent that the bond payments are paid from
the capitol building construction account. Bonds authorized
in this section may be sold at a price the state finance committee determines. No bonds authorized in this section may be
offered for sale without prior legislative appropriation of the
net proceeds of the sale of the bonds. The proceeds of the sale
of the bonds issued for the purposes of this section shall be
deposited in the capitol historic district construction account
hereby created in the state treasury. These proceeds shall be
used exclusively for the purposes specified in this section and
for the payment of expenses incurred in the issuance and sale
of the bonds issued for the purposes of this section, and shall
[Title 43 RCW—page 462]
be administered by the office of financial management subject to legislative appropriation. [2001 2nd sp.s. c 9 § 14.]
43.99Q.140
43.99Q.140 Legislative building rehabilitation
project—Retirement of bonds—Reimbursement of general fund from nondebt-limit reimbursable bond retirement account. (1) The nondebt-limit reimbursable bond
retirement account must be used for the payment of the principal and interest on the bonds authorized in RCW
43.99Q.130.
(2)(a) The state finance committee must, on or before
June 30th of each year, certify to the state treasurer the
amount needed in the ensuing twelve months to meet the
bond retirement and interest requirements on the bonds
authorized in RCW 43.99Q.130.
(b) On or before the date on which any interest or principal and interest is due, the state treasurer shall transfer from
the capitol building construction account for deposit into the
nondebt-limit reimbursable bond retirement account, the
amount computed in (a) of this subsection for bonds issued
for the purposes of RCW 43.99Q.130.
(3) If the capitol building construction account has insufficient revenues to pay the principal and interest computed in
subsection (2)(a) of this section, then the debt-limit reimbursable bond retirement account shall be used for the payment of
the principal and interest on the bonds authorized in RCW
43.99Q.130 from any additional means provided by the legislature. [2001 2nd sp.s. c 9 § 15.]
43.99Q.150
43.99Q.150 Legislative building rehabilitation
project—Pledge and promise—Remedies. (1) Bonds
issued under RCW 43.99Q.130 shall state that they are a general obligation of the state of Washington, shall pledge the
full faith and credit of the state to the payment of the principal
and interest, and shall contain an unconditional promise to
pay the principal and interest as it becomes due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [2001
2nd sp.s. c 9 § 16.]
43.99Q.160
43.99Q.160 Legislative building rehabilitation
project—Payment of principal and interest—Additional
means for raising money authorized. The legislature may
provide additional means for raising moneys for the payment
of the principal and interest on the bonds authorized in RCW
43.99Q.130, and RCW 43.99Q.140 and 43.99Q.150 shall not
be deemed to provide an exclusive method for their payment.
[2001 2nd sp.s. c 9 § 17.]
43.99Q.170
43.99Q.170 Legal investment. The bonds authorized
in RCW 43.99Q.010, 43.99Q.070, and 43.99Q.130 shall be a
legal investment for all state funds or funds under state control and for all funds of any other public body. [2001 2nd
sp.s. c 9 § 12.]
43.99Q.900
43.99Q.900 Severability—2001 2nd sp.s. c 9. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
(2004 Ed.)
Financing for Appropriations—2003-2005 Biennium
application of the provision to other persons or circumstances
is not affected. [2001 2nd sp.s. c 9 § 20.]
43.99Q.901 Effective date—2001 2nd sp.s. c 9. This
act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government
and its existing public institutions, and takes effect immediately [June 26, 2001]. [2001 2nd sp.s. c 9 § 21.]
43.99Q.901
Chapter 43.99R RCW
FINANCING FOR APPROPRIATIONS—
2003-2005 BIENNIUM
Chapter 43.99R
43.99R.900
treasurer shall submit written notice to the director of financial management if it is determined that any such additional
transfer to the state taxable building construction account is
necessary. Moneys in the account may be spent only after
appropriation.
These proceeds shall be used exclusively for the purposes specified in this section and for the payment of
expenses incurred in the issuance and sale of the bonds issued
for the purposes of this section, and shall be administered by
the office of financial management subject to legislative
appropriation. [2003 1st sp.s. c 3 § 2.]
43.99R.030
Sections
43.99R.010 General obligation bonds for capital and operating appropriations act.
43.99R.020 Conditions and limitations.
43.99R.030 Retirement of bonds—Reimbursement of general fund from
debt-limit general fund bond retirement account.
43.99R.040 Pledge and promise—Remedies.
43.99R.050 Payment of principal and interest—Additional means for raising money authorized.
43.99R.900 Severability—2003 1st sp.s. c 3.
43.99R.901 Effective date—2003 1st sp.s. c 3.
43.99R.010 General obligation bonds for capital and
operating appropriations act. For the purpose of providing
funds to finance the projects described and authorized by the
legislature in the capital and operating appropriation acts for
the 2003-2005 fiscal biennium, and all costs incidental
thereto, the state finance committee is authorized to issue
general obligation bonds of the state of Washington in the
sum of one billion two hundred twelve million dollars, or as
much thereof as may be required, to finance these projects
and all costs incidental thereto. Bonds authorized in this section may be sold at such price as the state finance committee
shall determine. No bonds authorized in this section may be
offered for sale without prior legislative appropriation of the
net proceeds of the sale of the bonds. [2003 1st sp.s. c 3 § 1.]
43.99R.010
43.99R.020 Conditions and limitations. The proceeds
from the sale of the bonds authorized in RCW 43.99R.010
shall be deposited in the state building construction account
created by RCW 43.83.020. The proceeds shall be transferred as follows:
(1) One billion fifty-one million dollars to remain in the
state building construction account created by RCW
43.83.020;
(2) Twenty-two million five hundred thousand dollars to
the outdoor recreation account created by RCW 79A.25.060;
(3) Twenty-two million five hundred thousand dollars to
the habitat conservation accoun t created by RCW
79A.15.020;
(4) Eighty million dollars to the state taxable building
construction account. All receipts from taxable bond issues
are to be deposited into the account. If the state finance committee deems it necessary to issue more than the amount
specified in this subsection (4) as taxable bonds in order to
comply with federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds, the
proceeds of such additional taxable bonds shall be transferred
to the state taxable building construction account in lieu of
any transfer otherwise provided by this section. The state
43.99R.020
(2004 Ed.)
43.99R.030 Retirement of bonds—Reimbursement
of general fund from debt-limit general fund bond retirement account. (1) The debt-limit general fund bond retirement account shall be used for the payment of the principal of
and interest on the bonds authorized in RCW 43.99R.020 (1),
(2), (3), and (4).
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in
RCW 43.99R.020 (1), (2), (3), and (4).
(3) On each date on which any interest or principal and
interest payment is due on bonds issued for the purposes of
RCW 43.99R.020 (1), (2), (3), and (4) the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the debt-limit general fund bond
retirement account an amount equal to the amount certified
by the state finance committee to be due on the payment date.
[2003 1st sp.s. c 3 § 3.]
43.99R.040
43.99R.040 Pledge and promise—Remedies. (1)
Bonds issued under RCW 43.99R.010 through 43.99R.030
shall state that they are a general obligation of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon, and shall contain an unconditional promise to pay
the principal and interest as the same shall become due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [2003 1st
sp.s. c 3 § 4.]
43.99R.050
43.99R.050 Payment of principal and interest—
Additional means for raising money authorized. The legislature may provide additional means for raising moneys for
the payment of the principal of and interest on the bonds
authorized in RCW 43.99R.010, and RCW 43.99R.020 and
43.99R.030 shall not be deemed to provide an exclusive
method for the payment. [2003 1st sp.s. c 3 § 5.]
43.99R.900
43.99R.900 Severability—2003 1st sp.s. c 3. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [2003 1st sp.s. c 3 § 7.]
[Title 43 RCW—page 463]
43.99R.901
Title 43 RCW: State Government—Executive
43.99R.901
43.99R.901 Effective date—2003 1st sp.s. c 3. This act
is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government
and its existing public institutions, and takes effect immediately [June 20, 2003]. [2003 1st sp.s. c 3 § 8.]
43.101.410
43.101.415
43.101.900
43.101.901
43.101.902
Racial profiling—Policies—Training—Complaint review
process—Data collection and reporting.
Racial profiling—Reports to the legislature.
Severability—1974 ex.s. c 94.
Transfer of conference center.
Effective date—2001 c 167.
43.101.010
Chapter 43.101
Chapter 43.101 RCW
CRIMINAL JUSTICE TRAINING
COMMISSION—EDUCATION AND
TRAINING STANDARDS BOARDS
Sections
43.101.010
43.101.020
43.101.030
43.101.040
43.101.050
43.101.060
43.101.070
43.101.080
43.101.085
43.101.095
43.101.105
43.101.115
43.101.125
43.101.135
43.101.145
43.101.155
43.101.170
43.101.180
43.101.190
43.101.200
43.101.210
43.101.220
43.101.222
43.101.224
43.101.225
43.101.226
43.101.227
43.101.230
43.101.240
43.101.250
43.101.260
43.101.270
43.101.280
43.101.290
43.101.300
43.101.310
43.101.315
43.101.320
43.101.325
43.101.330
43.101.335
43.101.340
43.101.345
43.101.350
43.101.360
43.101.370
43.101.380
43.101.390
43.101.400
Definitions.
Commission created—Purpose.
Membership.
Terms of members—Vacancies.
Cessation of membership upon termination of office or
employment.
Chair and vice chair—Quorum—Meetings.
Compensation—Reimbursement of travel expenses.
Commission powers and duties—Rules and regulations.
Additional powers and duties.
Peace officer certification.
Denial or revocation of peace officer certification.
Denial or revocation of peace officer certification—Readmission to academy—Reinstatement.
Lapsed peace officer certification—Reinstatement—Rules.
Termination of peace officer—Notification to commission.
Written complaint by law enforcement or law enforcement
agency to deny or revoke peace officer certification—Immunity of complainant.
Denial or revocation of peace officer certification—Statement
of charges—Notice—Hearing.
Training and education obtained at approved existing institutions.
Priorities.
Receipt of grants, funds or gifts authorized—Administration—Utilization of federal funds.
Law enforcement personnel—Basic law enforcement training
required—Commission to provide.
Criminal justice training costs—Assessments on bail forfeitures and certain penalties—Criminal justice training
account created.
Training for corrections personnel.
Training for students enrolled at institutions of higher education.
Training for persons investigating child sexual abuse.
Training on vehicular pursuits.
Vehicular pursuits—Model policy.
Training for interaction with persons with a developmental
disability or mental illness.
Training for Indian tribe officers and employees authorized—
Conditions.
Community-police partnership.
Firearms certificate program for private detectives.
Firearms certificate program for security guards.
Sexual assault—Training for investigating and prosecuting.
Ethnic and cultural diversity—Development of curriculum for
understanding—Training.
Training in crimes of malicious harassment.
Juvenile runaways—Policy manual.
Board on law enforcement training standards and education—
Board on correctional training standards—Created—Purpose.
Boards—Membership.
Boards—Terms of members.
Termination of membership upon termination of qualifying
office or employment.
Boards—Chairs—Quorum.
Boards—Travel expenses.
Boards—Powers—Report to commission.
Recommendations of boards—Review by commission.
Core training requirements.
Report to the legislature.
Child abuse and neglect—Intensive training.
Hearings—Standard of proof—Appeals—Judicial review.
Immunity of commission and boards.
Confidentiality of records.
[Title 43 RCW—page 464]
43.101.010 Definitions. When used in this chapter:
(1) The term "commission" means the Washington state
criminal justice training commission.
(2) The term "boards" means the education and training
standards boards, the establishment of which are authorized
by this chapter.
(3) The term "criminal justice personnel" means any person who serves in a county, city, state, or port commission
agency engaged in crime prevention, crime reduction, or
enforcement of the criminal law.
(4) The term "law enforcement personnel" means any
public employee or volunteer having as a primary function
the enforcement of criminal laws in general or any employee
or volunteer of, or any individual commissioned by, any
municipal, county, state, or combination thereof, agency having as its primary function the enforcement of criminal laws
in general as distinguished from an agency possessing peace
officer powers, the primary function of which is the implementation of specialized subject matter areas. For the purposes of this subsection "primary function" means that function to which the greater allocation of resources is made.
(5) The term "correctional personnel" means any
employee or volunteer who by state, county, municipal, or
combination thereof, statute has the responsibility for the
confinement, care, management, training, treatment, education, supervision, or counseling of those individuals whose
civil rights have been limited in some way by legal sanction.
(6) A peace officer is "convicted" at the time a plea of
guilty has been accepted, or a verdict of guilty or finding of
guilt has been filed, notwithstanding the pendency of any
future proceedings, including but not limited to sentencing,
posttrial or postfact-finding motions and appeals. "Conviction" includes a deferral of sentence and also includes the
equivalent disposition by a court in a jurisdiction other than
the state of Washington.
(7) "Discharged for disqualifying misconduct" means
terminated from employment for: (a) Conviction of (i) any
crime committed under color of authority as a peace officer,
(ii) any crime involving dishonesty or false statement within
the meaning of Evidence Rule 609(a), (iii) the unlawful use
or possession of a controlled substance, or (iv) any other
crime the conviction of which disqualifies a Washington citizen from the legal right to possess a firearm under state or
federal law; (b) conduct that would constitute any of the
crimes addressed in (a) of this subsection; or (c) knowingly
making materially false statements during disciplinary investigations, where the false statements are the sole basis for the
termination.
(8) A peace officer is "discharged for disqualifying misconduct" within the meaning of subsection (7) of this section
under the ordinary meaning of the term and when the totality
of the circumstances support a finding that the officer
resigned in anticipation of discipline, whether or not the misconduct was discovered at the time of resignation, and when
such discipline, if carried forward, would more likely than
(2004 Ed.)
Criminal Justice Training Commission—Education and Training Standards Boards
not have led to discharge for disqualifying misconduct within
the meaning of subsection (7) of this section.
(9) When used in context of proceedings referred to in
this chapter, "final" means that the peace officer has
exhausted all available civil service appeals, collective bargaining remedies, and all other such direct administrative
appeals, and the officer has not been reinstated as the result of
the action. Finality is not affected by the pendency or availability of state or federal administrative or court actions for
discrimination, or by the pendency or availability of any remedies other than direct civil service and collective bargaining
remedies.
(10) "Peace officer" means any law enforcement personnel subject to the basic law enforcement training requirement
of RCW 43.101.200 and any other requirements of that section, notwithstanding any waiver or exemption granted by the
commission, and notwithstanding the statutory exemption
based on date of initial hire under RCW 43.101.200. Commissioned officers of the Washington state patrol, whether
they have been or may be exempted by rule of the commission from the basic training requirement of RCW 43.101.200,
are included as peace officers for purposes of this chapter.
Fish and wildlife officers with enforcement powers for all
criminal laws under RCW 77.15.075 are peace officers for
purposes of this chapter. [2003 c 39 § 27; 2001 c 167 § 1;
1981 c 132 § 2; 1977 ex.s. c 212 § 1; 1974 ex.s. c 94 § 1.]
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
43.101.080
(c) The chief of the state patrol. [1999 c 97 § 1; 1981 c
132 § 3; 1979 ex.s. c 55 § 1; 1974 ex.s. c 94 § 3.]
43.101.040
43.101.040 Terms of members—Vacancies. All
members appointed to the commission by the governor shall
be appointed for terms of six years, such terms to commence
on July first, and expire on June thirtieth: PROVIDED, That
of the members first appointed three shall be appointed for
two year terms, three shall be appointed for four year terms,
and three shall be appointed for six year terms: PROVIDED,
FURTHER, That the terms of the two members appointed as
incumbent police chiefs shall not expire in the same year nor
shall the terms of the two members appointed as representing
correctional systems expire in the same year nor shall the
terms of the two members appointed as incumbent sheriffs
expire in the same year. Any member chosen to fill a vacancy
created otherwise than by expiration of term shall be
appointed for the unexpired term of the member he is to succeed. Any member may be reappointed for additional terms.
[1974 ex.s. c 94 § 4.]
43.101.050
43.101.050 Cessation of membership upon termination of office or employment. Any member of the commission appointed pursuant to RCW 43.101.030 as an incumbent
official or as an employee in a correctional system, as the
case may be, shall immediately upon the termination of his
holding of said office or employment, cease to be a member
of the commission. [1974 ex.s. c 94 § 5.]
43.101.060
43.101.020
43.101.020 Commission created—Purpose. There is
hereby created and established a state commission to be
known and designated as the Washington state criminal justice training commission.
The purpose of such commission shall be to provide programs and standards for the training of criminal justice personnel. [1974 ex.s. c 94 § 2.]
43.101.060 Chair and vice chair—Quorum—Meetings. The commission shall elect a chair and a vice chair
from among its members. Seven members of the commission
shall constitute a quorum. The governor shall summon the
commission to its first meeting.
Meetings may be called by the chair and shall be called
by him or her upon the written request of six members. [1999
c 97 § 2; 1974 ex.s. c 94 § 6.]
43.101.030
43.101.030 Membership. The commission shall consist of fourteen members, who shall be selected as follows:
(1) The governor shall appoint two incumbent sheriffs
and two incumbent chiefs of police.
(2) The governor shall appoint one officer at or below
the level of first line supervisor from a county law enforcement agency and one officer at or below the level of first line
supervisor from a municipal law enforcement agency. Each
appointee under this subsection (2) shall have at least ten
years experience as a law enforcement officer.
(3) The governor shall appoint one person employed in a
county correctional system and one person employed in the
state correctional system.
(4) The governor shall appoint one incumbent county
prosecuting attorney or municipal attorney.
(5) The governor shall appoint one elected official of a
local government.
(6) The governor shall appoint one private citizen.
(7) The three remaining members shall be:
(a) The attorney general;
(b) The special agent in charge of the Seattle office of the
federal bureau of investigation; and
(2004 Ed.)
43.101.070
43.101.070 Compensation—Reimbursement of
travel expenses. Members of the commission shall be compensated in accordance with RCW 43.03.240 and shall be
reimbursed for their travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and
43.03.060. Attendance at meetings of the commission shall
be deemed performance by a member of the duties of his
employment. [1984 c 287 § 85; 1975-'76 2nd ex.s. c 34 §
126; 1974 ex.s. c 94 § 7.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
43.101.080
43.101.080 Commission powers and duties—Rules
and regulations. The commission shall have all of the following powers:
(1) To meet at such times and places as it may deem
proper;
(2) To adopt any rules and regulations as it may deem
necessary;
[Title 43 RCW—page 465]
43.101.085
Title 43 RCW: State Government—Executive
(3) To contract for services as it deems necessary in
order to carry out its duties and responsibilities;
(4) To cooperate with and secure the cooperation of any
department, agency, or instrumentality in state, county, and
city government, and other commissions affected by or concerned with the business of the commission;
(5) To do any and all things necessary or convenient to
enable it fully and adequately to perform its duties and to
exercise the power granted to it;
(6) To select and employ an executive director, and to
empower him to perform such duties and responsibilities as it
may deem necessary;
(7) To assume legal, fiscal, and program responsibility
for all training conducted by the commission;
(8) To establish, by rule and regulation, standards for the
training of criminal justice personnel where such standards
are not prescribed by statute;
(9) To own, establish, and operate, or to contract with
other qualified institutions or organizations for the operation
of, training and education programs for criminal justice personnel and to purchase, lease, or otherwise acquire, subject to
the approval of the department of general administration, a
training facility or facilities necessary to the conducting of
such programs;
(10) To establish, by rule and regulation, minimum curriculum standards for all training programs conducted for
employed criminal justice personnel;
(11) To review and approve or reject standards for
instructors of training programs for criminal justice personnel, and to employ personnel on a temporary basis as instructors without any loss of employee benefits to those instructors;
(12) To direct the development of alternative, innovate,
and interdisciplinary training techniques;
(13) To review and approve or reject training programs
conducted for criminal justice personnel and rules establishing and prescribing minimum training and education standards recommended by the training standards and education
boards;
(14) To allocate financial resources among training and
education programs conducted by the commission;
(15) To allocate training facility space among training
and education programs conducted by the commission;
(16) To issue diplomas certifying satisfactory completion of any training or education program conducted or
approved by the commission to any person so completing
such a program;
(17) To provide for the employment of such personnel as
may be practical to serve as temporary replacements for any
person engaged in a basic training program as defined by the
commission;
(18) To establish rules and regulations recommended by
the training standards and education boards prescribing minimum standards relating to physical, mental and moral fitness
which shall govern the recruitment of criminal justice personnel where such standards are not prescribed by statute or constitutional provision.
All rules and regulations adopted by the commission
shall be adopted and administered pursuant to the administrative procedure act, chapter 34.05 RCW, and the open public
meetings act, chapter 42.30 RCW. [2001 c 166 § 1; 1982 c
[Title 43 RCW—page 466]
124 § 1; 1975-'76 2nd ex.s. c 17 § 3. Prior: 1975 1st ex.s. c
103 § 1; 1975 1st ex.s. c 82 § 1; 1974 ex.s. c 94 § 8.]
43.101.085
43.101.085 Additional powers and duties. In addition
to its other powers granted under this chapter, the commission has authority and power to:
(1) Adopt, amend, or repeal rules as necessary to carry
out this chapter;
(2) Issue subpoenas and administer oaths in connection
with investigations, hearings, or other proceedings held under
this chapter;
(3) Take or cause to be taken depositions and other discovery procedures as needed in investigations, hearings, and
other proceedings held under this chapter;
(4) Appoint members of a hearings board as provided
under RCW 43.101.380;
(5) Enter into contracts for professional services determined by the commission to be necessary for adequate
enforcement of this chapter;
(6) Grant, deny, or revoke certification of peace officers
under the provisions of this chapter;
(7) Designate individuals authorized to sign subpoenas
and statements of charges under the provisions of this chapter; and
(8) Employ such investigative, administrative, and clerical staff as necessary for the enforcement of this chapter.
[2001 c 167 § 7.]
43.101.095
43.101.095 Peace officer certification. (1) As a condition of continuing employment as peace officers, all Washington peace officers: (a) Shall timely obtain certification as
peace officers, or timely obtain certification or exemption
therefrom, by meeting all requirements of RCW 43.101.200,
as that section is administered under the rules of the commission, as well by meeting any additional requirements under
this chapter; and (b) shall maintain the basic certification as
peace officers under this chapter. The commission shall certify peace officers who have satisfied, or have been exempted
by statute or by rule from, the basic training requirements of
RCW 43.101.200 on or before January 1, 2002. Thereafter,
the commission may revoke certification pursuant to this
chapter.
(2) The commission shall allow a peace officer to retain
status as a certified peace officer as long as the officer: (a)
Timely meets the basic law enforcement training requirements, or is exempted therefrom, in whole or in part, under
RCW 43.101.200 or under rule of the commission; (b) meets
or is exempted from any other requirements under this chapter as administered under the rules adopted by the commission; (c) is not denied certification by the commission under
this chapter; and (d) has not had certification revoked by the
commission.
(3) As a prerequisite to certification, as well as a prerequisite to pursuit of a hearing under RCW 43.101.155, a peace
officer must, on a form devised or adopted by the commission, authorize the release to the commission of his or her
personnel files, termination papers, criminal investigation
files, or other files, papers, or information that are directly
related to a certification matter or decertification matter
before the commission. [2001 c 167 § 2.]
(2004 Ed.)
Criminal Justice Training Commission—Education and Training Standards Boards
43.101.105
43.101.105 Denial or revocation of peace officer certification. Upon request by a peace officer's employer or on
its own initiative, the commission may deny or revoke certification of any peace officer, after written notice and hearing,
if a hearing is timely requested by the peace officer under
RCW 43.101.155, based upon a finding of one or more of the
following conditions:
(1) The peace officer has failed to timely meet all
requirements for obtaining a certificate of basic law enforcement training, a certificate of basic law enforcement training
equivalency, or a certificate of exemption from the training;
(2) The peace officer has knowingly falsified or omitted
material information on an application for training or certification to the commission;
(3) The peace officer has been convicted at any time of a
felony offense under the laws of this state or has been convicted of a federal or out-of-state offense comparable to a felony under the laws of this state; except that if a certified
peace officer was convicted of a felony before being
employed as a peace officer, and the circumstances of the
prior felony conviction were fully disclosed to his or her
employer before being hired, the commission may revoke
certification only with the agreement of the employing law
enforcement agency;
(4) The peace officer has been discharged for disqualifying misconduct, the discharge is final, and some or all of the
acts or omissions forming the basis for the discharge proceedings occurred on or after January 1, 2002;
(5) The peace officer's certificate was previously issued
by administrative error on the part of the commission; or
(6) The peace officer has interfered with an investigation
or action for denial or revocation of certificate by: (a) Knowingly making a materially false statement to the commission;
or (b) in any matter under investigation by or otherwise
before the commission, tampering with evidence or tampering with or intimidating any witness. [2001 c 167 § 3.]
43.101.115
43.101.115 Denial or revocation of peace officer certification—Readmission to academy—Reinstatement. (1)
A person denied a certification based upon dismissal or withdrawal from a basic law enforcement academy for any reason
not also involving discharge for disqualifying misconduct is
eligible for readmission and certification upon meeting standards established in rules of the commission, which rules
may provide for probationary terms on readmission.
(2) A person whose certification is denied or revoked
based upon prior administrative error of issuance, failure to
cooperate, or interference with an investigation is eligible for
certification upon meeting standards established in rules of
the commission, rules which may provide for a probationary
period of certification in the event of reinstatement of eligibility.
(3) A person whose certification is denied or revoked
based upon a felony criminal conviction is not eligible for
certification at any time.
(4) A peace officer whose certification is denied or
revoked based upon discharge for disqualifying misconduct,
but not also based upon a felony criminal conviction, may,
five years after the revocation or denial, petition the commission for reinstatement of the certificate or for eligibility for
reinstatement. The commission shall hold a hearing on the
(2004 Ed.)
43.101.145
petition to consider reinstatement, and the commission may
allow reinstatement based upon standards established in rules
of the commission. If the certificate is reinstated or eligibility
for certification is determined, the commission may establish
a probationary period of certification.
(5) A peace officer whose certification is revoked based
solely upon a criminal conviction may petition the commission for reinstatement immediately upon a final judicial
reversal of the conviction. The commission shall hold a hearing on request to consider reinstatement, and the commission
may allow reinstatement based on standards established in
rules of the commission. If the certificate is reinstated or if
eligibility for certification is determined, the commission
may establish a probationary period of certification. [2001 c
167 § 4.]
43.101.125
43.101.125 Lapsed peace officer certification—Reinstatement—Rules. A peace officer's certification lapses
automatically when there is a break of more than twenty-four
consecutive months in the officer's service as a full-time law
enforcement officer. A break in full-time law enforcement
service which is due solely to the pendency of direct review
or appeal from a disciplinary discharge, or to the pendency of
a work-related injury, does not cause a lapse in certification.
The officer may petition the commission for reinstatement of
certification. Upon receipt of a petition for reinstatement of a
lapsed certificate, the commission shall determine under this
chapter and any applicable rules of the commission if the
peace officer's certification status is to be reinstated, and the
commission shall also determine any requirements which the
officer must meet for reinstatement. The commission may
adopt rules establishing requirements for reinstatement.
[2001 c 167 § 5.]
43.101.135
43.101.135 Termination of peace officer—Notification to commission. Upon termination of a peace officer for
any reason, including resignation, the agency of termination
shall, within fifteen days of the termination, notify the commission on a personnel action report form provided by the
commission. The agency of termination shall, upon request
of the commission, provide such additional documentation or
information as the commission deems necessary to determine
whether the termination provides grounds for revocation
under RCW 43.101.105. The commission shall maintain
these notices in a permanent file, subject to RCW
43.101.400. [2001 c 167 § 6.]
43.101.145
43.101.145 Written complaint by law enforcement or
law enforcement agency to deny or revoke peace officer
certification—Immunity of complainant. A law enforcement officer or duly authorized representative of a law
enforcement agency may submit a written complaint to the
commission charging that a peace officer's certificate should
be denied or revoked, and specifying the grounds for the
charge. Filing a complaint does not make a complainant a
party to the commission's action. The commission has sole
discretion whether to investigate a complaint, and the commission has sole discretion whether to investigate matters
relating to certification, denial of certification, or revocation
of certification on any other basis, without restriction as to
[Title 43 RCW—page 467]
43.101.155
Title 43 RCW: State Government—Executive
the source or the existence of a complaint. A person who files
a complaint in good faith under this section is immune from
suit or any civil action related to the filing or the contents of
the complaint. [2001 c 167 § 8.]
43.101.155
43.101.155 Denial or revocation of peace officer certification—Statement of charges—Notice—Hearing. (1)
If the commission determines, upon investigation, that there
is probable cause to believe that a peace officer's certification
should be denied or revoked under RCW 43.101.105, the
commission must prepare and serve upon the officer a statement of charges. Service on the officer must be by mail or by
personal service on the officer. Notice of the charges must
also be mailed to or otherwise served upon the officer's
agency of termination and any current law enforcement
agency employer. The statement of charges must be accompanied by a notice that to receive a hearing on the denial or
revocation, the officer must, within sixty days of communication of the statement of charges, request a hearing before the
hearings board appointed under RCW 43.101.380. Failure of
the officer to request a hearing within the sixty-day period
constitutes a default, whereupon the commission may enter
an order under RCW 34.05.440.
(2) If a hearing is requested, the date of the hearing must
be scheduled not earlier than ninety days nor later than one
hundred eighty days after communication of the statement of
charges to the officer; the one hundred eighty-day period may
be extended on mutual agreement of the parties or for good
cause. The commission shall give written notice of hearing at
least twenty days prior to the hearing, specifying the time,
date, and place of hearing. [2001 c 167 § 9.]
43.101.170
43.101.170 Training and education obtained at
approved existing institutions. In establishing standards for
training and education, the commission may, so far as consistent with the purposes of *RCW 43.101.160, permit required
training and education of any criminal justice personnel to be
obtained at existing institutions approved for such training by
the commission. [1974 ex.s. c 94 § 17.]
*Reviser's note: RCW 43.101.160 was repealed by 1983 c 197 § 55,
effective June 30, 1987.
43.101.180
43.101.180 Priorities. The first priority of the commission shall be to provide for basic law enforcement training,
corrections training, and education programs. In addition, the
commission shall provide training programs for other criminal justice personnel. [1981 c 136 § 27; 1974 ex.s. c 94 § 18.]
Effective date—1981 c 136: See RCW 72.09.900.
43.101.190
43.101.190 Receipt of grants, funds or gifts authorized—Administration—Utilization of federal funds. The
commission, or the executive director acting on its behalf, is
authorized to accept, receive, disburse, and administer grants
or other funds or gifts from any source, including private
individuals or agencies, the federal government, and other
public agencies, for the purpose of carrying out the provisions of this chapter.
The services provided by the state through the establishment and maintenance of the programs of the commission are
primarily intended for the benefit of the criminal justice
[Title 43 RCW—page 468]
agencies of the counties, cities, and towns of this state. To the
extent that funds available to the state under the Crime Control Act of 1973 are utilized by the commission, it is the
determination of the legislature that, to the maximum extent
permitted by federal law, such funds as are so utilized shall be
charged against that portion of United States law enforcement assistance administration funds which the state is
required to make available to units of local government pursuant to section 303(a)(2) of Part C of the Crime Control Act
of 1973. [1974 ex.s. c 94 § 19.]
43.101.200
43.101.200 Law enforcement personnel—Basic law
enforcement training required—Commission to provide.
(1) All law enforcement personnel, except volunteers, and
reserve officers whether paid or unpaid, initially employed on
or after January 1, 1978, shall engage in basic law enforcement training which complies with standards adopted by the
commission pursuant to RCW 43.101.080. For personnel initially employed before January 1, 1990, such training shall be
successfully completed during the first fifteen months of
employment of such personnel unless otherwise extended or
waived by the commission and shall be requisite to the continuation of such employment. Personnel initially employed
on or after January 1, 1990, shall commence basic training
during the first six months of employment unless the basic
training requirement is otherwise waived or extended by the
commission. Successful completion of basic training is requisite to the continuation of employment of such personnel initially employed on or after January 1, 1990.
(2) Except as otherwise provided in this chapter, the
commission shall provide the aforementioned training
together with necessary facilities, supplies, materials, and the
board and room of noncommuting attendees for seven days
per week. Additionally, to the extent funds are provided for
this purpose, the commission shall reimburse to participating
law enforcement agencies with ten or less full-time commissioned patrol officers the cost of temporary replacement of
each officer who is enrolled in basic law enforcement training: PROVIDED, That such reimbursement shall include
only the actual cost of temporary replacement not to exceed
the total amount of salary and benefits received by the
replaced officer during his or her training period. [1997 c 351
§ 13. Prior: 1993 sp.s. c 24 § 920; 1993 sp.s. c 21 § 5; 1989
c 299 § 2; 1977 ex.s. c 212 § 2.]
Severability—1997 c 351: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 351 § 14.]
Effective date—1997 c 351: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 13, 1997]." [1997 c 351 § 15.]
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.310.020.
Effective dates—1993 sp.s. c 21: See note following RCW 82.14.310.
43.101.210
43.101.210 Criminal justice training costs—Assessments on bail forfeitures and certain penalties—Criminal
justice training account created.
Reviser's note: RCW 43.101.210 was amended by 1985 c 57 § 57
without reference to its repeal by 1984 c 258 § 339, effective July 1, 1985. It
has been decodified for publication purposes pursuant to RCW 1.12.025.
(2004 Ed.)
Criminal Justice Training Commission—Education and Training Standards Boards
43.101.220
43.101.220 Training for corrections personnel. (1)
The corrections personnel of the state and all counties and
municipal corporations initially employed on or after January
1, 1982, shall engage in basic corrections training which
complies with standards adopted by the commission pursuant
to *RCW 43.101.160. The training shall be successfully completed during the first six months of employment of the personnel, unless otherwise extended or waived by the commission, and shall be requisite to the continuation of employment.
(2) The corrections personnel of the state and all counties
and municipal corporations transferred or promoted to a
supervisory or management position on or after January 1,
1982, shall engage in supervisory and/or management training which complies with standards adopted by the commission pursuant to *RCW 43.101.160. The training shall be
successfully completed prior to or within the first six months
of employment, unless otherwise extended or waived by the
commission, and shall be requisite to the continuation of
employment.
(3) The commission shall provide the training required in
this section, together with facilities, supplies, materials, and
the room and board for noncommuting attendees.
(4) Nothing in this section shall affect or impair the
employment status of any employee whose employer does
not provide him with the opportunity to engage in the
required training. [1981 c 136 § 26.]
*Reviser's note: RCW 43.101.160 was repealed by 1983 c 197 § 55,
effective June 30, 1987.
Effective date—1981 c 136: See RCW 72.09.900.
43.101.222
43.101.222 Training for students enrolled at institutions of higher education. The commission may provide
basic law enforcement training to students who are enrolled
in criminal justice courses of study at four-year institutions of
higher education, if the training is provided during the summers following the students' junior and senior years and so
long as the students bear the full cost of the training. [1996 c
203 § 3.]
Effective date—1996 c 203: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 28, 1996]." [1996 c 203 § 4.]
43.101.224
43.101.224 Training for persons investigating child
sexual abuse. (1) On-going specialized training shall be provided for persons responsible for investigating child sexual
abuse. Training participants shall have the opportunity to
practice interview skills and receive feedback from instructors.
(2) The commission, the department of social and health
services, the Washington association of sheriffs and police
chiefs, and the Washington association of prosecuting attorneys shall design and implement statewide training that contains consistent elements for persons engaged in the interviewing of children for child sexual abuse cases, including
law enforcement, prosecution, and child protective services.
(3) The training shall: (a) Be based on research-based
practices and standards; (b) minimize the trauma of all persons who are interviewed during abuse investigations; (c)
provide methods of reducing the number of investigative
(2004 Ed.)
43.101.226
interviews necessary whenever possible; (d) assure, to the
extent possible, that investigative interviews are thorough,
objective, and complete; (e) recognize needs of special populations, such as persons with developmental disabilities; (f)
recognize the nature and consequences of victimization; (g)
require investigative interviews to be conducted in a manner
most likely to permit the interviewed persons the maximum
emotional comfort under the circumstances; (h) address
record retention and retrieval; and (i) documentation of
investigative interviews. [1999 c 389 § 2.]
43.101.225
43.101.225 Training on vehicular pursuits. (1) By
June 30, 2006, every new full-time law enforcement officer
employed, after July 27, 2003, by a state, county, or municipal law enforcement agency shall be trained on vehicular pursuits.
(2) Beginning July 1, 2006, every new full-time law
enforcement officer employed by a state, county, or municipal law enforcement agency shall be trained on vehicular pursuits, within six months of employment.
(3) Nothing in chapter 37, Laws of 2003 requires training
on vehicular pursuit of any law enforcement officer who is
employed in a state, county, or city law enforcement agency
on July 27, 2003, beyond that which he or she has received
prior to July 27, 2003. [2003 c 37 § 3.]
Intent—2003 c 37: "The legislature intends to improve the safety of
law enforcement officers and the public by providing consistent education
and training for officers in the matter of vehicle pursuit. The legislature recognizes there are a multitude of factors which enter into the determination of
pursuit and intends that the criminal justice training commission be given the
responsibility of identifying those factors and developing appropriate standards for training of law enforcement officers in this area." [2003 c 37 § 1.]
43.101.226
43.101.226 Vehicular pursuits—Model policy. (1) By
December 1, 2003, the Washington state criminal justice
training commission, the Washington state patrol, the Washington association of sheriffs and police chiefs, and organizations representing state and local law enforcement officers
shall develop a written model policy on vehicular pursuits.
(2) The model policy must meet all of the following minimum standards:
(a) Provide for supervisory control, if available, of the
pursuit;
(b) Provide procedures for designating the primary pursuit vehicle and for determining the total number of vehicles
to be permitted to participate at one time in the pursuit;
(c) Provide procedures for coordinating operations with
other jurisdictions; and
(d) Provide guidelines for determining when the interests
of public safety and effective law enforcement justify a
vehicular pursuit and when a vehicular pursuit should not be
initiated or should be terminated.
(3) By June 1, 2004, every state, county, and municipal
law enforcement agency shall adopt and implement a written
vehicular pursuit policy. The policy adopted may, but need
not, be the model policy developed under subsections (1) and
(2) of this section. However, any policy adopted must
address the minimum requirements specified in subsection
(2) of this section. [2003 c 37 § 2.]
Intent—2003 c 37: See note following RCW 43.101.225.
[Title 43 RCW—page 469]
43.101.227
Title 43 RCW: State Government—Executive
43.101.227 Training for interaction with persons
with a developmental disability or mental illness. (1) The
commission must offer a training session on law enforcement
interaction with persons with a developmental disability or
mental illness. The training must be developed by the commission in consultation with appropriate self advocate and
family advocate groups and with appropriate community,
local, and state organizations and agencies that have expertise
in the area of working with persons with a developmental disability or mental illness. In developing the course, the commission must also examine existing courses certified by the
commission that relate to persons with a developmental disability or mental illness.
(2) The training must consist of classroom instruction or
internet instruction and shall replicate likely field situations
to the maximum extent possible. The training should
include, at a minimum, core instruction in all of the following:
(a) The cause and nature of mental illnesses and developmental disabilities;
(b) How to identify indicators of mental illness and
developmental disability and how to respond appropriately in
a variety of common situations;
(c) Conflict resolution and de-escalation techniques for
potentially dangerous situations involving persons with a
developmental disability or mental illness;
(d) Appropriate language usage when interacting with
persons with a developmental disability or mental illness;
(e) Alternatives to lethal force when interacting with
potentially dangerous persons with a developmental disability or mental illness; and
(f) Community and state resources available to serve persons with a developmental disability or mental illness and
how these resources can be best used by law enforcement to
benefit persons with a developmental disability or mental illness in their communities.
(3) The training shall be made available to law enforcement agencies, through electronic means, for use at their convenience and determined by the internal training needs and
resources of each agency.
(4) The commission shall make all reasonable efforts to
secure private and nonstate public funds to implement this
section. [2003 c 270 § 1.]
43.101.227
43.101.230
43.101.230 Training for Indian tribe officers and
employees authorized—Conditions. Indian tribe officers
and employees who are engaged in law enforcement activities and who do not qualify as "criminal justice personnel" or
"law enforcement personnel" under RCW 43.101.010, as
now law or hereafter amended, may be provided training
under this chapter if: (a) The tribe is recognized by the federal government, and (b) the tribe pays to the commission the
full cost of providing such training. The commission shall
place all money received under this section into the criminal
justice training account. [1981 c 134 § 1.]
43.101.240 Community-police partnership. (1) The
criminal justice training commission in cooperation with the
United States department of justice department of community
relations (region X) shall conduct an assessment of successful community-police partnerships throughout the United
43.101.240
[Title 43 RCW—page 470]
States. The commission shall develop training for local law
enforcement agencies targeted toward those communities
where there has been a substantial increase in drug crimes.
The purpose of the training is to facilitate cooperative community-police efforts and enhanced community protection to
reduce drug abuse and related crimes. The training shall
include but not be limited to conflict management, ethnic
sensitivity, cultural awareness, and effective community
policing.
(2) Local law enforcement agencies are encouraged to
form community-police partnerships in all neighborhoods
and particularly areas with high rates of criminal activity.
These partnerships are encouraged to organize citizen-police
task forces which meet on a regular basis to promote greater
citizen involvement in combatting drug abuse and to reduce
tension between police and citizens. Partnerships that are
formed are encouraged to report to the criminal justice training commission of their formation and progress. [1994 sp.s.
c 7 § 311; 1989 c 271 § 423.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Captions not law—1989 c 271: See note following RCW 69.50.520.
Severability—1989 c 271: See note following RCW 9.94A.510.
43.101.250 Firearms certificate program for *private
detectives. The commission shall establish a program for
issuing firearms certificates to *private detectives for the purposes of obtaining armed *private detective licenses. The
commission shall adopt rules establishing the fees, training
requirements, and procedures for obtaining and annually
renewing firearms certificates. The fees charged by the commission shall recover the costs incurred by the commission in
administering the firearms certificate program.
(1) Firearms training must be provided by an organization or trainer approved by the commission and must consist
of at least eight hours of classes and proficiency training.
(2) Applications for firearms certificates shall be filed
with the commission on a form provided by the commission.
The commission may require any information and documentation that reasonably relates to the need to determine
whether the applicant qualifies for a firearms certificate.
Applicants must:
(a) Be at least twenty-one years of age;
(b) Possess a current *private detective license; and
(c) Present a written request from the owner or qualifying agent of a licensed *private detective agency that the
applicant be issued a firearms certificate.
(3) The commission shall consult with the private security industry and law enforcement before adopting or amending the training requirements of this section.
(4) The commission may adopt rules that are reasonable
and necessary for the effective implementation and administration of this section consistent with chapter 34.05 RCW.
[1991 c 328 § 28.]
43.101.250
*Reviser's note: "Private detective" redesignated "private investigator"
by 1995 c 277.
Severability—1991 c 328: See RCW 18.165.900.
43.101.260 Firearms certificate program for security
guards. The commission shall establish a program for issuing firearms certificates to security guards for the purposes of
43.101.260
(2004 Ed.)
Criminal Justice Training Commission—Education and Training Standards Boards
obtaining armed security guard licenses. The commission
shall adopt rules establishing the fees, training requirements,
and procedures for obtaining and annually renewing firearms
certificates. The fees charged by the commission shall
recover the costs incurred by the commission in administering the firearms certificate program.
(1) Firearms training must be provided by an organization or trainer approved by the commission and must consist
of at least eight hours of classes and proficiency training.
(2) Applications for firearms certificates shall be filed
with the commission on a form provided by the commission.
The commission may require any information and documentation that reasonably relates to the need to determine
whether the applicant qualifies for a firearms certificate.
Applicants must:
(a) Be at least twenty-one years of age;
(b) Possess a current private security guard license; and
(c) Present a written request from the owner or qualifying agent of a licensed private security company that the
applicant be issued a firearms certificate.
(3) The commission shall consult with the private security industry and law enforcement before adopting or amending the training requirements of this section.
(4) The commission may adopt rules that are reasonable
and necessary for the effective implementation and administration of this section consistent with chapter 34.05 RCW.
[1991 c 334 § 29.]
43.101.310
ensuring that prosecutors, investigators, defense attorneys, and victim advocates are properly trained and available. Therefore, the legislature intends to
establish a mechanism to provide the necessary training of prosecutors, law
enforcement investigators, defense attorneys, and victim advocates and
ensure the availability of victim advocates for victims of sexual assault and
their families." [1991 c 267 § 1.]
Effective date—1991 c 267: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 267 § 7.]
43.101.280
43.101.280 Ethnic and cultural diversity—Development of curriculum for understanding—Training. The
criminal justice training commission shall develop, in consultation with the administrator for the courts and the commissions established under chapters 43.113, 43.115, and 43.117
RCW, a curriculum for a general understanding of ethnic and
cultural diversity and its implications for working with youth
of color and their families. The curriculum shall be developed
by October 1, 1993. The commission shall ensure that ethnic
and diversity training becomes an integral part of the training
of law enforcement personnel so as to incorporate cultural
sensitivity and awareness into the daily activities of law
enforcement personnel. [1993 c 415 § 4.]
Intent—1993 c 415: See note following RCW 2.56.031.
Ethnic and cultural diversity—Development of curriculum for understanding: RCW 2.56.030.
43.101.290
Severability—1991 c 334: See RCW 18.170.900.
43.101.270
43.101.270 Sexual assault—Training for investigating and prosecuting. (1) Each year the criminal justice
training commission shall offer an intensive, integrated training session on investigating and prosecuting sexual assault
cases. The training shall place particular emphasis on the
development of professionalism and sensitivity towards the
victim and the victim's family.
(2) The commission shall seek advice from the Washington association of prosecuting attorneys, the Washington
defender association, the Washington association of sheriffs
and police chiefs, and the Washington coalition of sexual
assault programs.
(3) The training shall be an integrated approach to sexual
assault cases so that prosecutors, law enforcement, defenders,
and victim advocates can all benefit from the training.
(4) The training shall be self-supporting through fees
charged to the participants of the training. [1991 c 267 § 2.]
Findings—1991 c 267: "The safety of all children is enhanced when
sexual assault cases are properly investigated and prosecuted. The victim of
the sexual assault and the victim's family have a right to be treated with sensitivity and professionalism, which also increases the likelihood of their continued cooperation with the investigation and prosecution of the case. The
legislature finds the sexual assault cases, particularly those involving victims
who are children, are difficult to prosecute successfully. The cooperation of
a victim and the victim's family through the investigation and prosecution of
the sexual assault case is enhanced and the trauma associated with the investigation and prosecution is reduced when trained victim advocates assist the
victim and the victim's family through the investigation and prosecution of
the case. Trained victim advocates also assist law enforcement, prosecutors,
and defense attorneys, by relieving some of the burden of explaining the
investigation and prosecution process and possible delays to the victim and
accompanying the victim during interviews by the police, prosecutor, and
defense attorney, and accompanying the victim during hearings and the trial.
The legislature finds that counties should give priority to the successful
prosecution of sexual assault cases, especially those that involve children, by
(2004 Ed.)
43.101.290 Training in crimes of malicious harassment. The criminal justice training commission shall provide training for law enforcement officers in identifying,
responding to, and reporting all violations of RCW
9A.36.080 and any other crimes of bigotry or bias. [1993 c
127 § 5.]
Severability—1993 c 127: See note following RCW 9A.36.078.
43.101.300
43.101.300 Juvenile runaways—Policy manual. The
criminal justice training commission shall ensure that every
law enforcement agency in the state has an accurate and upto-date policy manual describing the statutes relating to juvenile runaways. [1994 sp.s. c 7 § 509.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
43.101.310
43.101.310 Board on law enforcement training standards and education—Board on correctional training
standards—Created—Purpose. (1) Two separate training
standards and education boards are created and established,
to be known and designated as (a) the board on law enforcement training standards and education and (b) the board on
correctional training standards and education.
(2) The purpose of the board on law enforcement training standards and education is to review and recommend to
the commission programs and standards for the training and
education of law enforcement personnel.
(3) The purpose of the board on correctional training
standards and education is to review and recommend to the
commission programs and standards for the training and education of correctional personnel. [1997 c 351 § 2.]
Severability—Effective date—1997 c 351: See notes following RCW
43.101.200.
[Title 43 RCW—page 471]
43.101.315
Title 43 RCW: State Government—Executive
43.101.315
43.101.315 Boards—Membership. (1) The board on
law enforcement training standards and education consists of
thirteen members, appointed by the executive director and
subject to approval by the commission. Members must be
selected as follows: (a) Three must represent county law
enforcement agencies, at least two of whom must be incumbent sheriffs; (b) three must represent city police agencies, at
least two of whom must be incumbent police chiefs, one of
whom shall be from a city under five thousand; (c) one must
represent community colleges; (d) one must represent the
four-year colleges and universities; (e) four must represent
the council of police officers, two of whom must be training
officers; and (f) one must represent tribal law enforcement in
Washington. The six officers under (a) and (b) of this subsection may be appointed by the executive director only after the
Washington association of sheriffs and police chiefs provides
the director with the names of qualified officers. The four
officers under (e) of this subsection may be appointed by the
executive director only after the council of police officers
provides the director with the names of qualified officers.
(2) The board on correctional training standards and education consists of fourteen members, appointed by the executive director and subject to approval by the commission.
Members must be selected as follows: (a) Three must be
employed in the state correctional system; (b) three must be
employed in county correctional systems; (c) two must be
employed in juvenile corrections or probation, one at the
local level and the other at the state level; (d) two must be
employed in community corrections; (e) one must represent
community colleges; (f) one must represent four-year colleges and universities; and (g) two must be additional persons
with experience and interest in correctional training standards
and education. At least one of the members appointed under
(a) of this subsection and at least one of the members
appointed under (b) of this subsection must be currently
employed as front line correctional officers. [1997 c 351 §
3.]
Severability—Effective date—1997 c 351: See notes following RCW
43.101.200.
43.101.320
43.101.320 Boards—Terms of members. All members of each of the training standards and education boards
must be appointed for terms of six years, commencing on
July 1st, and expiring on June 30th. However, of the members first appointed three will serve for terms of two years,
four will serve for terms of four years, and four will serve for
terms of six years. A member chosen to fill a vacancy that has
been created other than by expiration of a term must be
appointed for the unexpired term of the member to be succeeded. A member may be reappointed for additional terms.
[1997 c 351 § 4.]
Severability—Effective date—1997 c 351: See notes following RCW
43.101.200.
43.101.325
43.101.325 Termination of membership upon termination of qualifying office or employment. A member of
either board appointed under RCW 43.101.315 as an incumbent official or because of employment status, ceases to be a
member of the board immediately upon the termination of the
holding of the qualifying office or employment. [1997 c 351
§ 5.]
[Title 43 RCW—page 472]
Severability—Effective date—1997 c 351: See notes following RCW
43.101.200.
43.101.330
43.101.330 Boards—Chairs—Quorum. Each training
standards and education board shall elect a chair and vicechair from among its members. A simple majority of the
members of a training standards and education board constitutes a quorum. The commission shall summon each of the
training standards and education boards to its first meeting.
[1997 c 351 § 6.]
Severability—Effective date—1997 c 351: See notes following RCW
43.101.200.
43.101.335
43.101.335 Boards—Travel expenses. Members of
the training standards and education boards may be paid their
travel expenses in accordance with RCW 43.03.050 and
43.03.060. [1997 c 351 § 7.]
Severability—Effective date—1997 c 351: See notes following RCW
43.101.200.
43.101.340
43.101.340 Boards—Powers—Report to commission.
The training standards and education boards have the following powers:
(1) To meet at such times and places as they may deem
proper;
(2) To adopt bylaws for the conduct of their business as
deemed necessary by each board;
(3) To cooperate with and secure the cooperation of any
department, agency, or instrumentality in state, county, or
city government, and commissions affected by or concerned
with the business of the commission;
(4) To do any and all things necessary or convenient to
enable them fully and adequately to perform their duties and
to exercise the powers granted to them;
(5) To advise the commission of the training and education needs of criminal justice personnel within their specific
purview;
(6) To recommend to the commission standards for the
training and education of criminal justice personnel within
their specific purview;
(7) To recommend to the commission minimum curriculum standards for all training and education programs conducted for criminal justice personnel within their specific
purview;
(8) To recommend to the commission standards for
instructors of training and education programs for criminal
justice personnel within their specific purview;
(9) To recommend to the commission alternative, innovative, and interdisciplinary training and education techniques for criminal justice personnel within their specific
purview;
(10) To review and recommend to the commission the
approval of training and education programs for criminal justice personnel within their specific purview;
(11) To monitor and evaluate training and education programs for criminal justice personnel with [within] their specific purview.
Each training standards and education board shall report
to the commission at the end of each fiscal year on the effectiveness of training and education programs for criminal justice personnel within its specific purview. [1997 c 351 § 8.]
(2004 Ed.)
Criminal Justice Training Commission—Education and Training Standards Boards
Severability—Effective date—1997 c 351: See notes following RCW
43.101.200.
43.101.345
43.101.345 Recommendations of boards—Review by
commission. For the purpose of raising the level of competence of criminal justice personnel, the commission shall
review the recommendations of training standards and education boards made under RCW 43.101.340. [1997 c 351 § 9.]
Severability—Effective date—1997 c 351: See notes following RCW
43.101.200.
43.101.350
43.101.350 Core training requirements. (1) All law
enforcement personnel initially hired to, transferred to, or
promoted to a supervisory or management position on or
after January 1, 1999, shall, within the first six months of
entry into the position, successfully complete the core training requirements prescribed by rule of the commission for the
position, or obtain a waiver or extension of the core training
requirements from the commission.
(2) Within one year after completion of the core training
requirements of this section, all law enforcement personnel
shall successfully complete all remaining requirements for
career level certification prescribed by rule of the commission applicable to their position or rank, or obtain a waiver or
extension of the career level training requirements from the
commission.
(3) The commission shall provide the training required in
this section, together with facilities, supplies, materials, and
the room and board for attendees who do not live within fifty
miles of the training center. The training shall be delivered in
the least disruptive manner to local law enforcement agencies, and will include but not be limited to regional on-site
training, interactive training, and credit for training given by
the home department.
(4) Nothing in this section affects or impairs the employment status of an employee whose employer does not provide
the opportunity to engage in the required training. [1997 c
351 § 10.]
Severability—Effective date—1997 c 351: See notes following RCW
43.101.200.
43.101.360
43.101.360 Report to the legislature. By January 1st
of every odd-numbered year, the commission shall provide a
written report to the legislature addressing the following
items: (1) Status and satisfaction of service to its clients; (2)
detailed analysis of how it will maintain and update adequate
state-of-the-art training models and their delivery in the most
cost-effective and efficient manner; and (3) fiscal data projecting its current and future funding requirements. [1997 c
351 § 11.]
Severability—Effective date—1997 c 351: See notes following RCW
43.101.200.
43.101.370
43.101.370 Child abuse and neglect—Intensive training. Each year the criminal justice training commission shall
offer an intensive training session on investigation of child
abuse and neglect. The training shall focus on the investigative duties of law enforcement established under chapter
26.44 RCW with particular emphasis placed on child interview techniques to increase the accuracy of statements taken
(2004 Ed.)
43.101.380
from children and decrease the need for additional interviews. [1997 c 351 § 12.]
Severability—Effective date—1997 c 351: See notes following RCW
43.101.200.
43.101.380
4 3 . 1 0 1 . 3 8 0 H ea r i ng s —S t a n da r d o f pr o o f —
Appeals—Judicial review. (1) The procedures governing
adjudicative proceedings before agencies under chapter
34.05 RCW, the administrative procedure act, govern hearings before the commission and govern all other actions
before the commission unless otherwise provided in this
chapter. The standard of proof in actions before the commission is clear, cogent, and convincing evidence.
(2) On all appeals brought under RCW 43.101.155, a
five-member hearings panel shall both hear the case and
make the commission's final administrative decision. Members of the commission or the board on law enforcement
training standards and education may but need not be
appointed to the hearings panels. The commission shall
appoint as follows two or more panels to hear appeals from
decertification actions:
(a) When an appeal is filed in relation to decertification
of a Washington peace officer who is not a peace officer of
the Washington state patrol, the commission shall appoint to
the panel: (i) One police chief; (ii) one sheriff; (iii) two peace
officers who are at or below the level of first line supervisor,
who are from city or county law enforcement agencies, and
who have at least ten years' experience as peace officers; and
(iv) one person who is not currently a peace officer and who
represents a community college or four-year college or university.
(b) When an appeal is filed in relation to decertification
of a peace officer of the Washington state patrol, the commission shall appoint to the panel: (i) Either one police chief or
one sheriff; (ii) one administrator of the state patrol; (iii) one
peace officer who is at or below the level of first line supervisor, who is from a city or county law enforcement agency,
and who has at least ten years' experience as a peace officer;
(iv) one state patrol officer who is at or below the level of first
line supervisor, and who has at least ten years' experience as
a peace officer; and (v) one person who is not currently a
peace officer and who represents a community college or
four-year college or university.
(c) Persons appointed to hearings panels by the commission shall, in relation to any decertification matter on which
they sit, have the powers, duties, and immunities, and are
entitled to the emoluments, including travel expenses in
accordance with RCW 43.03.050 and 43.03.060, of regular
commission members.
(3) Where the charge upon which revocation or denial is
based is that a peace officer was "discharged for disqualifying misconduct," and the discharge is "final," within the
meaning of RCW 43.101.105(4), and the officer received a
civil service hearing or arbitration hearing culminating in an
affirming decision following separation from service by the
employer, the hearings panel may revoke or deny certification if the hearings panel determines that the discharge
occurred and was based on disqualifying misconduct; the
hearings panel need not redetermine the underlying facts but
may make this determination based solely on review of the
records and decision relating to the employment separation
[Title 43 RCW—page 473]
43.101.390
Title 43 RCW: State Government—Executive
proceeding. However, the hearings panel may, in its discretion, consider additional evidence to determine whether such
a discharge occurred and was based on such disqualifying
misconduct. The hearings panel shall, upon written request
by the subject peace officer, allow the peace officer to present
additional evidence of extenuating circumstances.
Where the charge upon which revocation or denial of
certification is based is that a peace officer "has been convicted at any time of a felony offense" within the meaning of
RCW 43.101.105(3), the hearings panel shall revoke or deny
certification if it determines that the peace officer was convicted of a felony. The hearings panel need not redetermine
the underlying facts but may make this determination based
solely on review of the records and decision relating to the
criminal proceeding. However, the hearings panel shall, upon
the panel's determination of relevancy, consider additional
evidence to determine whether the peace officer was convicted of a felony.
Where the charge upon which revocation or denial is
based is under RCW 43.101.105 (1), (2), (5), or (6), the hearings panel shall determine the underlying facts relating to the
charge upon which revocation or denial of certification is
based.
(4) The commission's final administrative decision is
subject to judicial review under RCW 34.05.510 through
34.05.598. [2001 c 167 § 10.]
43.101.390
43.101.390 Immunity of commission and boards.
The commission, its boards, and individuals acting on behalf
of the commission and its boards are immune from suit in any
civil or criminal action contesting or based upon proceedings
or other official acts performed in the course of their duties in
the administration and enforcement of this chapter. [2001 c
167 § 11.]
43.101.400
43.101.400 Confidentiality of records. (1) Except as
provided under subsection (2) of this section, the following
records of the commission are confidential and exempt from
public disclosure: (a) The contents of personnel action
reports filed under RCW 43.101.135; (b) all files, papers, and
other information obtained by the commission pursuant to
RCW 43.101.095(3); and (c) all investigative files of the
commission compiled in carrying out the responsibilities of
the commission under this chapter. Such records are not subject to public disclosure, subpoena, or discovery proceedings
in any civil action, except as provided in subsection (5) of this
section.
(2) Records which are otherwise confidential and
exempt under subsection (1) of this section may be reviewed
and copied: (a) By the officer involved or the officer's counsel or authorized representative, who may review the officer's
file and may submit any additional exculpatory or explanatory evidence, statements, or other information, any of which
must be included in the file; (b) by a duly authorized representative of (i) the agency of termination, or (ii) a current
employing law enforcement agency, which may review and
copy its employee-officer's file; or (c) by a representative of
or investigator for the commission.
(3) Records which are otherwise confidential and
exempt under subsection (1) of this section may also be
[Title 43 RCW—page 474]
inspected at the offices of the commission by a duly authorized representative of a law enforcement agency considering
an application for employment by a person who is the subject
of a record. A copy of records which are otherwise confidential and exempt under subsection (1) of this section may later
be obtained by an agency after it hires the applicant. In all
other cases under this subsection, the agency may not obtain
a copy of the record.
(4) Upon a determination that a complaint is without
merit, that a personnel action report filed under RCW
43.101.135 does not merit action by the commission, or that
a matter otherwise investigated by the commission does not
merit action, the commission shall purge records addressed in
subsection (1) of this section.
(5) The hearings, but not the deliberations, of the hearings board are open to the public. The transcripts, admitted
evidence, and written decisions of the hearings board on
behalf of the commission are not confidential or exempt from
public disclosure, and are subject to subpoena and discovery
proceedings in civil actions.
(6) Every individual, legal entity, and agency of federal,
state, or local government is immune from civil liability,
whether direct or derivative, for providing information to the
commission in good faith. [2001 c 167 § 12.]
43.101.410 Racial profiling—Policies—Training—
Complaint review process—Data collection and reporting. (1) Local law enforcement agencies shall comply with
the recommendations of the Washington association of sheriffs and police chiefs regarding racial profiling, as set forth
under (a) through (f) of this subsection. Local law enforcement agencies shall:
(a) Adopt a written policy designed to condemn and prevent racial profiling;
(b) Review and audit their existing procedures, practices,
and training to ensure that they do not enable or foster the
practice of racial profiling;
(c) Continue training to address the issues related to
racial profiling. Officers should be trained in how to better
interact with persons they stop so that legitimate police
actions are not misperceived as racial profiling;
(d) Ensure that they have in place a citizen complaint
review process that can adequately address instances of racial
profiling. The process must be accessible to citizens and must
be fair. Officers found to be engaged in racial profiling must
be held accountable through the appropriate disciplinary procedures within each department;
(e) Work with the minority groups in their community to
appropriately address the issue of racial profiling; and
(f) Within fiscal constraints, collect demographic data on
traffic stops and analyze that data to ensure that racial profiling is not occurring.
(2) The Washington association of sheriffs and police
chiefs shall coordinate with the criminal justice training commission to ensure that issues related to racial profiling are
addressed in basic law enforcement training and offered in
regional training for in-service law enforcement officers at all
levels.
(3) Local law enforcement agencies shall report all information required under this section to the Washington association of sheriffs and police chiefs. [2002 c 14 § 2.]
43.101.410
(2004 Ed.)
Washington State Forensic Investigations Council
Declaration—Findings—2002 c 14: "(1) The legislature declares that
racial profiling is the illegal use of race or ethnicity as a factor in deciding to
stop and question, take enforcement action, arrest, or search a person or vehicle with or without a legal basis under the United States Constitution or
Washington state Constitution.
(2) The legislature recognizes that the president of the United States
has issued an executive order stating that stopping or searching individuals
on the basis of race is not an effective law enforcement policy, that it is
inconsistent with democratic ideals, especially the commitment to equal protection under the law for all persons, and that it is neither legitimate nor
defensible as a strategy for public protection. The order also instructs the law
enforcement agencies within the departments of justice, treasury, and interior to collect race, ethnicity, and gender data on the people they stop or
arrest.
(3) The legislature finds that the Washington state patrol has been in
the process of collecting data on traffic stops and analyzing the data to determine if the patrol has any areas in its enforcement of traffic laws where
minorities are being treated in a discriminatory manner. The legislature further finds that the Washington association of sheriffs and police chiefs has
recently passed a resolution condemning racial profiling and has reaffirmed
local law enforcement agencies' commitment to ensuring the public safety
and the protection of civil liberties for all persons. The association also
restated its goal of implementing policing procedures that are fair, equitable,
and constitutional." [2002 c 14 § 1.]
43.101.415
43.101.415 Racial profiling—Reports to the legislature. The Washington association of sheriffs and police
chiefs, in cooperation with the criminal justice training commission, shall report to the legislature by December 31, 2002,
and each December 31st thereafter, on the progress and
accomplishments of each local law enforcement agency in
the state in meeting the requirements and goals set forth in
RCW 43.101.410. [2002 c 14 § 3.]
Declaration—Findings—2002 c 14: See note following RCW
43.101.410.
43.103.030
Jury source list—Master jury list—Creation—Adoption of rules for implementation of methodology and standards by agencies: RCW 2.36.054
and 2.36.0571.
43.103.010
43.103.010 Purposes. The purposes of chapter 16,
Laws of 1983 1st ex. sess. are declared by the legislature to be
as follows:
(1) To preserve and enhance the state crime laboratory
and state toxicology laboratory, which are essential parts of
the criminal justice and death investigation systems in the
state of Washington;
(2) To fund the death investigation system and to make
related state and local institutions more efficient;
(3) To provide resources necessary for the performance,
by qualified pathologists, of autopsies which are also essential to the criminal justice and death investigation systems of
this state and its counties;
(4) To improve the performance of death investigations
and the criminal justice system through the formal training of
county coroners and county medical examiners;
(5) To establish and maintain a dental identification system; and
(6) To provide flexibility so that any county may establish a county morgue when it serves the public interest. [1999
c 40 § 2; 1995 c 398 § 2; 1983 1st ex.s. c 16 § 1.]
Effective date—1999 c 40: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999."
[1999 c 40 § 9.]
43.103.020
43.101.900
43.101.900 Severability—1974 ex.s. c 94. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1974 ex.s. c 94 § 20.]
43.101.901
43.101.901 Transfer of conference center. The legislature authorizes the department of general administration to
transfer the Washington state training and conference center
located at 19010 First Avenue, Burien, Washington, 98148,
to the criminal justice training commission. [2001 c 166 § 2.]
43.103.020 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Council" means the Washington state forensic
investigations council.
(2) "Crime laboratory" means the Washington state
patrol crime laboratory system created in RCW 43.43.670
and under the bureau of forensic laboratory services of the
Washington state patrol.
(3) "State toxicology laboratory" means the Washington
state toxicology laboratory and under the bureau of forensic
laboratory services of the Washington state patrol. [1999 c
40 § 3; 1995 c 398 § 3; 1983 1st ex.s. c 16 § 2.]
43.101.902
43.101.902 Effective date—2001 c 167. This act takes
effect January 1, 2002. [2001 c 167 § 14.]
Effective date—1999 c 40: See note following RCW 43.103.010.
43.103.030
Chapter 43.103
Chapter 43.103 RCW
WASHINGTON STATE FORENSIC
INVESTIGATIONS COUNCIL
Sections
43.103.010
43.103.020
43.103.030
43.103.040
43.103.050
43.103.060
43.103.070
43.103.080
43.103.090
43.103.100
43.103.900
43.103.901
(2004 Ed.)
Purposes.
Definitions.
Council created—Powers and duties.
Membership of council—Appointment.
Terms of members—Vacancies.
Qualification for continued membership.
Chair—Quorum—Meetings.
Travel expenses.
Powers.
Sudden infant death syndrome—Training—Protocols.
Severability—1983 1st ex.s. c 16.
Effective date—1983 1st ex.s. c 16.
43.103.030 Council created—Powers and duties.
There is created the Washington state forensic investigations
council. The council shall oversee the bureau of forensic laboratory services and, in consultation with the chief of the
Washington state patrol or the chief's designee, control the
operation and establish policies of the bureau of forensic laboratory services. The council may also study and recommend
cost-efficient improvements to the death investigation system
in Washington and report its findings to the legislature.
Further, the council shall, jointly with the chairperson of
the pathology department of the University of Washington's
School of Medicine, or the chairperson's designee, oversee
the state forensic pathology fellowship program, determine
the budget for the program and set the fellow's annual salary,
and take those steps necessary to administer the program.
[Title 43 RCW—page 475]
43.103.040
Title 43 RCW: State Government—Executive
The forensic investigations council shall be actively
involved in the preparation of the bureau of forensic laboratory services budget and shall approve the bureau of forensic
laboratory services budget prior to its formal submission to
the office of financial management pursuant to RCW
43.88.030. [1999 c 40 § 4; 1995 c 398 § 4; 1991 c 176 § 2;
1983 1st ex.s. c 16 § 3.]
Effective date—1999 c 40: See note following RCW 43.103.010.
Forensic pathology fellowship program: RCW 28B.20.426.
43.103.040
43.103.040 Membership of council—Appointment.
The council shall consist of twelve members who shall be
selected as follows: One county coroner; one county prosecutor; one county prosecutor who also serves as ex officio
county coroner; one county medical examiner; one county
sheriff; one chief of police; the chief of the state patrol; two
members of a county legislative authority; one pathologist
who is currently in private practice; and two members of a
city legislative authority.
The governor shall appoint members to the council from
among the nominees submitted for each position as follows:
The Washington association of county officials shall submit
two nominees each for the coroner position and the medical
examiner position; the Washington state association of counties shall submit two nominees each for the two county legislative authority positions; the association of Washington cities shall submit two nominees each for the two city legislative authority positions; the Washington association of
prosecuting attorneys shall submit two nominees each for the
county prosecutor-ex officio county coroner and for the
county prosecutor position; the Washington association of
sheriffs and police chiefs shall submit two nominees each for
the county sheriff position and the chief of police position;
and the Washington association of pathologists shall submit
two nominees for the private pathologist position. [1995 c
398 § 5; 1983 1st ex.s. c 16 § 4.]
43.103.050
43.103.050 Terms of members—Vacancies. All
members of the council are appointed for terms of four years,
commencing on July 1 and expiring on June 30. However, of
the members appointed to the council, five shall be appointed
for two-year terms and six shall be appointed for four-year
terms. A person chosen to fill a vacancy created other than by
the natural expiration of a member's term shall be nominated
and appointed as provided in RCW 43.103.040 for the unexpired term of the member he or she is to succeed. Any member may be reappointed for additional terms. [1995 c 398 § 6;
1983 1st ex.s. c 16 § 5.]
43.103.060
43.103.060 Qualification for continued membership.
Any member of the council shall immediately cease to be a
member if he or she ceases to hold the particular office or
employment which was the basis of his or her appointment
under RCW 43.103.040. [1983 1st ex.s. c 16 § 6.]
43.103.070
43.103.070 Chair—Quorum—Meetings. The council
shall elect a chair and a vice chair from among its members.
The chair shall not vote except in case of a tie vote. Seven
members of the council shall constitute a quorum. The governor shall summon the council to its first meeting. Otherwise,
[Title 43 RCW—page 476]
meetings may be called by the chair and shall be called by
him or her upon the written request of five members of the
council. Conference calls by telephone are a proper form of
meeting. [1995 c 398 § 7; 1983 1st ex.s. c 16 § 7.]
43.103.080
43.103.080 Travel expenses. (1) Members of the council shall be reimbursed for travel expenses under RCW
43.03.050 and 43.03.060.
(2) Attendance at meetings of the council shall constitute
performance by a council member of the duties of his or her
employment or office. [1983 1st ex.s. c 16 § 8.]
43.103.090
43.103.090 Powers. (1) The council may:
(a) Meet at such times and places as may be designated
by a majority vote of the council members or, if a majority
cannot agree, by the chair;
(b) Adopt rules governing the council and the conduct of
its meetings;
(c) Require reports from the chief of the Washington
state patrol on matters pertaining to the bureau of forensic
laboratory services;
(d) Authorize the expenditure of up to two hundred fifty
thousand dollars per biennium from the council's death investigations account appropriation for the purpose of assisting
local jurisdictions in the investigation of multiple deaths
involving unanticipated, extraordinary, and catastrophic
events, or involving multiple jurisdictions. The council shall
adopt rules consistent with this subsection for the purposes of
authorizing expenditure of the funds;
(e) Do anything, necessary or convenient, which enables
the council to perform its duties and to exercise its powers;
and
(f) Be actively involved in the preparation of the bureau
of forensic laboratory services budget and approve the bureau
of forensic laboratory services budget prior to formal submission to the office of financial management pursuant to RCW
43.88.030.
(2) The council shall:
(a) Prescribe qualifications for the position of director of
the bureau of forensic laboratory services, after consulting
with the chief of the Washington state patrol. The council
shall submit to the chief of the Washington state patrol a list
containing the names of up to three persons who the council
believes meet its qualifications to serve as director of the
bureau of forensic laboratory services. Minimum qualifications for the director of the bureau of forensic laboratory services must include successful completion of a background
investigation and polygraph examination. If requested by the
chief of the Washington state patrol, the forensic investigations council shall submit one additional list of up to three
persons who the forensic investigations council believes meet
its qualifications. The appointment must be from one of the
lists of persons submitted by the forensic investigations council, and the director of the bureau of forensic laboratory services shall report to the office of the chief of the Washington
state patrol;
(b) After consulting with the chief of the Washington
state patrol and the director of the bureau of forensic laboratory services, the council shall appoint a toxicologist as state
toxicologist, who shall report to the director of the bureau of
(2004 Ed.)
Department of Information Services
forensic laboratory services. The appointee shall meet the
minimum standards for employment with the Washington
state patrol including successful completion of a background
investigation and polygraph examination;
(c) Establish, after consulting with the chief of the Washington state patrol, the policies, objectives, and priorities of
the bureau of forensic laboratory services, to be implemented
and administered within constraints established by budgeted
resources by the director of the bureau of forensic laboratory
services;
(d) Set the salary for the director of the bureau of forensic laboratory services; and
(e) Set the salary for the state toxicologist. [1999 c 142
§ 1; 1999 c 40 § 5; 1995 c 398 § 8; 1983 1st ex.s. c 16 § 9.]
Reviser's note: This section was amended by 1999 c 40 § 5 and by
1999 c 142 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1999 c 40: See note following RCW 43.103.010.
43.103.100
43.103.100 Sudden infant death syndrome—Training—Protocols. (1) The council shall research and develop
an appropriate training component on the subject of sudden,
unexplained child death, including but not limited to sudden
infant death syndrome. The training component shall include,
at a minimum:
(a) Medical information on sudden, unexplained child
death for first responders, including awareness and sensitivity in dealing with families and child care providers, and the
importance of forensically competent death scene investigation;
(b) Information on community resources and support
groups available to assist families who have lost a child to
sudden, unexplained death, including sudden infant death
syndrome; and
(c) The value of timely communication between the
county coroner or medical examiner and the public health
department, when a sudden, unexplained child death occurs,
in order to achieve a better understanding of such deaths, and
connecting families to various community and public health
support systems to enhance recovery from grief.
(2) The council shall work with volunteer groups with
expertise in the area of sudden, unexplained child death,
including but not limited to the SIDS foundation of Washington and the Washington association of county officials.
(3) Basic training for death investigators offered by the
Washington association of coroners and medical examiners
and the criminal justice training commission shall include a
module which specifically addresses the investigations of the
sudden unexplained deaths of children under the age of three.
The training module shall include a scene investigation protocol endorsed or developed by the council. A similar training curriculum shall be required for city and county law
enforcement officers and emergency medical personnel certified by the department of health as part of their basic training
through the criminal justice training commission or the
department of health emergency medical training certification program.
(4) Each county shall use a protocol that has been
endorsed or developed by the council for scene investigations
of the sudden unexplained deaths of children under the age of
(2004 Ed.)
Chapter 43.105
three. The council may utilize guidelines from the center for
disease control and other appropriate resources.
(5) The council shall develop a protocol for autopsies of
children under the age of three whose deaths are sudden and
unexplained. This protocol shall be used by pathologists who
are not certified by the American board of pathology in forensic pathology, and who are providing autopsy services to coroners and medical examiners. [2001 c 82 § 1; 1991 c 176 §
6.]
Finding—Declaration—1991 c 176: "The legislature finds and
declares that sudden and unexplained child deaths are a leading cause of
death for children under age three. The public interest is served by research
and study of the potential causes and indications of such unexplained child
deaths and the prevention of inaccurate and inappropriate designation of sudden infant death syndrome (SIDS) as a cause of death. The legislature further
finds and declares that law enforcement officers, fire fighters, emergency
medical technicians, and other first responders in emergency situations are
not adequately informed regarding sudden, unexplained death in young children including but not limited to sudden infant death syndrome, its signs and
typical history, and as a result may compound the family and child care provider's grief through conveyed suspicions of a criminal act. Coroners, investigators, and prosecuting attorneys are also in need of updated training on the
identification of unexplained death in children under the age of three, including but not limited to sudden infant death syndrome awareness and sensitivity and the establishment of a statewide uniform protocol in cases of sudden,
unexplained child death." [1991 c 176 § 5.]
43.103.900 Severability—1983 1st ex.s. c 16. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1983 1st ex.s. c 16 § 23.]
43.103.900
43.103.901 Effective date—1983 1st ex.s. c 16. This
act is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government
and its existing public institutions, and shall take effect July
1, 1983. [1983 1st ex.s. c 16 § 24.]
43.103.901
Chapter 43.105 RCW
DEPARTMENT OF INFORMATION SERVICES
Chapter 43.105
(Formerly: Data processing and communications systems)
Sections
43.105.005
43.105.017
43.105.020
43.105.032
43.105.041
43.105.047
43.105.052
43.105.055
43.105.057
43.105.060
43.105.070
43.105.080
43.105.095
43.105.105
43.105.160
43.105.170
43.105.172
43.105.180
43.105.190
43.105.200
Purpose.
Legislative intent.
Definitions.
Information services board—Members—Chairperson—
Vacancies—Quorum—Compensation and travel
expenses.
Powers and duties of board.
Department created—Appointment of director—Director's
duties.
Powers and duties of department.
Advisory committees—Customer advisory board.
Rule-making authority.
Contracts by state and local agencies with department.
Confidential or privileged information.
Data processing revolving fund—Created—Use.
Management and oversight structure.
Information technology decisions and plans.
Strategic information technology plan—Biennial state performance report on information technology.
Information technology portfolios—Contents—Performance
reports.
Information technology portfolios.
Budget request to be evaluated for information technology
projects.
Major information technology projects standards and policies—Project evaluation and reporting.
Application to institutions of higher education.
[Title 43 RCW—page 477]
43.105.005
43.105.210
43.105.250
43.105.260
43.105.270
43.105.280
43.105.290
43.105.300
43.105.310
43.105.320
43.105.330
43.105.800
43.105.805
43.105.810
43.105.815
43.105.820
43.105.825
43.105.830
43.105.835
43.105.900
43.105.901
43.105.902
43.105.903
43.105.904
Title 43 RCW: State Government—Executive
Data processing expenditures—Authorization—Penalties.
Electronic access to public records—Findings—Intent.
Electronic access to public records—Definitions.
Electronic access to public records—Planning.
Electronic access to public records—Costs and fees.
Electronic access to public records—Government information locator service pilot project.
Education in use of technology encouraged.
Accuracy, integrity, and privacy of records and information.
Departmental authority as certification authority for electronic authentication.
State interoperability executive committee.
K-20 educational network board.
K-20 educational network board—Powers and duties.
K-20 network technical steering committee.
K-20 operations cooperative—Ongoing management.
K-20 telecommunication system—Technical plan.
K-20 network—Oversight—Coordination of telecommunications planning.
K-20 technology account.
Education technology revolving fund.
Severability—1973 1st ex.s. c 219.
Severability—1987 c 504.
Effective date—1987 c 504.
Effective date—1999 c 285.
Actions of telecommunications oversight and policy committee—Savings—1999 c 285.
43.105.005
43.105.005 Purpose. It is a purpose of this chapter to
provide for coordinated planning and management of state
information services. The legislature recognizes that information systems, telecommunications, equipment, software,
and services must satisfy the needs of end users and that
many appropriate and cost-effective alternatives exist for
meeting these needs, such as shared mainframe computing,
shared voice, data, and video telecommunications services,
local area networks, departmental minicomputers, and microcomputers. [1990 c 208 § 1; 1987 c 504 § 1.]
43.105.017 Legislative intent. It is the intent of the legislature that:
(1) State government use voice, data, and video telecommunications technologies to:
(a) Transmit and increase access to live, interactive
classroom instruction and training;
(b) Provide for interactive public affairs presentations,
including a public forum for state and local issues;
(c) Facilitate communications and exchange of information among state and local elected officials and the general
public;
(d) Enhance statewide communications within state
agencies; and
(e) Through the use of telecommunications, reduce time
lost due to travel to in-state meetings;
(2) Information be shared and administered in a coordinated manner, except when prevented by agency responsibilities for security, privacy, or confidentiality;
(3) The primary responsibility for the management and
use of information, information systems, telecommunications, equipment, software, and services rests with each
agency head;
(4) Resources be used in the most efficient manner and
services be shared when cost-effective;
(5) A structure be created to:
(a) Plan and manage telecommunications and computing
networks;
(b) Increase agencies' awareness of information sharing
opportunities; and
43.105.017
[Title 43 RCW—page 478]
(c) Assist agencies in implementing such possibilities;
(6) An acquisition process for equipment, proprietary
software, and related services be established that meets the
needs of the users, considers the exchange of information,
and promotes fair and open competition;
(7) To the greatest extent possible, major information
technology projects be implemented on an incremental basis;
(8) The state maximize opportunities to exchange and
share data and information by moving toward implementation of open system architecture based upon interface standards providing for application and data portability and
interoperability;
(9) To the greatest extent possible, the state recognize
any price performance advantages which may be available in
midrange and personal computing architecture;
(10) The state improve recruitment, retention, and training of professional staff;
(11) Plans, proposals, and acquisitions for information
services be reviewed from a financial and management perspective as part of the budget process; and
(12) State government adopt policies and procedures that
maximize the use of existing video telecommunications
resources, coordinate and develop video telecommunications
in a manner that is cost-effective and encourages shared use,
and ensure the appropriate use of video telecommunications
to fulfill identified needs. [1992 c 20 § 6; (1995 2nd sp.s. c
14 § 511 expired June 30, 1997); 1990 c 208 § 2; 1987 c 504
§ 2.]
Expiration date—1995 2nd sp.s. c 14 §§ 511-523, 528-533: "Sections
511 through 523 and 528 through 533 of this act expire June 30, 1997."
[1995 2nd sp.s. c 14 § 536.]
Effective dates—1995 2nd sp.s. c 14: "(1) Except for sections 514
through 524 and 539 through 556 of this act, this act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995.
(2) Sections 514 through 524 of this act shall take effect January 1,
1996." [1995 2nd sp.s. c 14 § 562.]
Severability—1995 2nd sp.s. c 14: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 2nd sp.s. c 14 § 561.]
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
43.105.020 Definitions. As used in this chapter, unless
the context indicates otherwise, the following definitions
shall apply:
(1) "Department" means the department of information
services;
(2) "Board" means the information services board;
(3) "Committee" means the state interoperability executive committee;
(4) "Local governments" includes all municipal and
quasi municipal corporations and political subdivisions, and
all agencies of such corporations and subdivisions authorized
to contract separately;
(5) "Director" means the director of the department;
(6) "Purchased services" means services provided by a
vendor to accomplish routine, continuing, and necessary
functions. This term includes, but is not limited to, services
acquired for equipment maintenance and repair, operation of
a physical plant, security, computer hardware and software
43.105.020
(2004 Ed.)
Department of Information Services
installation and maintenance, telecommunications installation and maintenance, data entry, keypunch services, programming services, and computer time-sharing;
(7) "Backbone network" means the shared high-density
portions of the state's telecommunications transmission facilities. It includes specially conditioned high-speed communications carrier lines, multiplexors, switches associated with
such communications lines, and any equipment and software
components necessary for management and control of the
backbone network;
(8) "Telecommunications" means the transmission of
information by wire, radio, optical cable, electromagnetic, or
other means;
(9) "Information" includes, but is not limited to, data,
text, voice, and video;
(10) "Information processing" means the electronic capture, collection, storage, manipulation, transmission,
retrieval, and presentation of information in the form of data,
text, voice, or image and includes telecommunications and
office automation functions;
(11) "Information services" means data processing, telecommunications, office automation, and computerized information systems;
(12) "Equipment" means the machines, devices, and
transmission facilities used in information processing, such
as computers, word processors, terminals, telephones, wireless communications system facilities, cables, and any physical facility necessary for the operation of such equipment;
(13) "Information technology portfolio" or "portfolio"
means a strategic management process documenting relationships between agency missions and information technology
and telecommunications investments;
(14) "Oversight" means a process of comprehensive risk
analysis and management designed to ensure optimum use of
information technology resources and telecommunications;
(15) "Proprietary software" means that software offered
for sale or license;
(16) "Video telecommunications" means the electronic
interconnection of two or more sites for the purpose of transmitting and/or receiving visual and associated audio information. Video telecommunications shall not include existing
public television broadcast stations as currently designated
by the department of community, trade, and economic development under chapter 43.330 RCW;
(17) "K-20 educational network board" or "K-20 board"
means the K-20 educational network board created in RCW
43.105.800;
(18) "K-20 network technical steering committee" or
"committee" means the K-20 network technical steering
committee created in RCW 43.105.810;
(19) "K-20 network" means the network established in
RCW 43.105.820;
(20) "Educational sectors" means those institutions of
higher education, school districts, and educational service
districts that use the network for distance education, data
transmission, and other uses permitted by the K-20 board.
[2003 c 18 § 2. Prior: 1999 c 285 § 1; 1999 c 80 § 1; 1993 c
280 § 78; 1990 c 208 § 3; 1987 c 504 § 3; 1973 1st ex.s. c 219
§ 3; 1967 ex.s. c 115 § 2.]
Intent—Finding—2003 c 18: "It is the intent of the legislature to
ensure that the state's considerable investment in radio communications
(2004 Ed.)
43.105.032
facilities, and the radio spectrum that is licensed to government entities in the
state, are managed in a way that promotes to the maximum extent the health
and safety of the state's citizens and the economic efficiencies of coordinated
planning, development, management, maintenance, accountability, and performance. The legislature finds that such coordination is essential for disaster preparedness, emergency management, and public safety, and that such
coordination will result in more cost-effective use of state resources and
improved government services." [2003 c 18 § 1.]
Effective date—2003 c 18: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 18 § 6.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Effective date—1967 ex.s. c 115: "This act is necessary for the immediate preservation of the public peace, health and safety, the support of the
state government and its existing public institutions, and shall take effect
July 1, 1967." [1967 ex.s. c 115 § 8.]
43.105.032
43.105.032 Information services board—Members—
Chairperson—Vacancies—Quorum—Compensation and
travel expenses. There is hereby created the Washington
state information services board. The board shall be composed of fifteen members. Eight members shall be appointed
by the governor, one of whom shall be a representative of
higher education, one of whom shall be a representative of an
agency under a statewide elected official other than the governor, and two of whom shall be representatives of the private
sector. One member shall represent the judicial branch and be
appointed by the chief justice of the supreme court. One
member shall be the superintendent of public instruction or
shall be appointed by the superintendent of public instruction.
Two members shall represent the house of representatives
and shall be selected by the speaker of the house of representatives with one representative chosen from each caucus of
the house of representatives; two members shall represent the
senate and shall be appointed by the president of the senate
with one representative chosen from each caucus of the senate. One member shall be the director who shall be a voting
member of the board. These members shall constitute the
membership of the board with full voting rights. Members of
the board shall serve at the pleasure of the appointing authority. The board shall select a chairperson from among its
members.
Vacancies shall be filled in the same manner that the
original appointments were made.
A majority of the members of the board shall constitute a
quorum for the transaction of business.
Members of the board shall be compensated for service
on the board in accordance with RCW 43.03.240 and shall be
reimbursed for travel expenses as provided in RCW
43.03.050 and 43.03.060. [1999 c 241 § 2; 1996 c 137 § 10;
1992 c 20 § 8; 1987 c 504 § 4; 1984 c 287 § 86; 1975-'76 2nd
ex.s. c 34 § 128; 1973 1st ex.s. c 219 § 5.]
Effective date—Application—1996 c 137: See notes following RCW
43.105.830.
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Development of health care data standards: RCW 43.70.054.
[Title 43 RCW—page 479]
43.105.041
43.105.041
Title 43 RCW: State Government—Executive
43.105.041 Powers and duties of board. (1) The board
shall have the following powers and duties related to information services:
(a) To develop standards and procedures governing the
acquisition and disposition of equipment, proprietary software and purchased services, licensing of the radio spectrum
by or on behalf of state agencies, and confidentiality of computerized data;
(b) To purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and
purchased services, or to delegate to other agencies and institutions of state government, under appropriate standards, the
authority to purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and
purchased services: PROVIDED, That, agencies and institutions of state government are expressly prohibited from
acquiring or disposing of equipment, proprietary software,
and purchased services without such delegation of authority.
The acquisition and disposition of equipment, proprietary
software, and purchased services is exempt from RCW
43.19.1919 and, as provided in RCW 43.19.1901, from the
provisions of RCW 43.19.190 through 43.19.200. This subsection (1)(b) does not apply to the legislative branch;
(c) To develop statewide or interagency technical policies, standards, and procedures;
(d) To review and approve standards and common specifications for new or expanded telecommunications networks
proposed by agencies, public postsecondary education institutions, educational service districts, or statewide or regional
providers of K-12 information technology services, and to
assure the cost-effective development and incremental implementation of a statewide video telecommunications system to
serve: Public schools; educational service districts; vocational-technical institutes; community colleges; colleges and
universities; state and local government; and the general public through public affairs programming;
(e) To provide direction concerning strategic planning
goals and objectives for the state. The board shall seek input
from the legislature and the judiciary;
(f) To develop and implement a process for the resolution of appeals by:
(i) Vendors concerning the conduct of an acquisition
process by an agency or the department; or
(ii) A customer agency concerning the provision of services by the department or by other state agency providers;
(g) To establish policies for the periodic review by the
department of agency performance which may include but
are not limited to analysis of:
(i) Planning, management, control, and use of information services;
(ii) Training and education; and
(iii) Project management;
(h) To set its meeting schedules and convene at scheduled times, or meet at the request of a majority of its members, the chair, or the director; and
(i) To review and approve that portion of the department's budget requests that provides for support to the board.
(2) Statewide technical standards to promote and facilitate electronic information sharing and access are an essential
component of acceptable and reliable public access service
[Title 43 RCW—page 480]
and complement content-related standards designed to meet
those goals. The board shall:
(a) Establish technical standards to facilitate electronic
access to government information and interoperability of
information systems, including wireless communications
systems. Local governments are strongly encouraged to follow the standards established by the board; and
(b) Require agencies to consider electronic public access
needs when planning new information systems or major
upgrades of systems.
In developing these standards, the board is encouraged to
include the state library, state archives, and appropriate representatives of state and local government.
(3)(a) The board, in consultation with the K-20 board,
has the duty to govern, operate, and oversee the technical
design, implementation, and operation of the K-20 network
including, but not limited to, the following duties: Establishment and implementation of K-20 network technical policy,
including technical standards and conditions of use; review
and approval of network design; procurement of shared network services and equipment; and resolving user/provider
disputes concerning technical matters. The board shall delegate general operational and technical oversight to the K-20
network technical steering committee as appropriate.
(b) The board has the authority to adopt rules under
chapter 34.05 RCW to implement the provisions regarding
the technical operations and conditions of use of the K-20
network. [2003 c 18 § 3; 1999 c 285 § 5. Prior: 1996 c 171
§ 8; 1996 c 137 § 12; (1996 c 171 § 7, 1996 c 137 § 11, and
1995 2nd sp.s. c 14 § 512 expired June 30, 1997); 1990 c 208
§ 6; 1987 c 504 § 5; 1983 c 3 § 115; 1973 1st ex.s. c 219 § 6.]
Intent—Finding—Effective date—2003 c 18: See notes following
RCW 43.105.020.
Captions not law—Effective dates—1996 c 171: See notes following
RCW 43.105.250.
Expiration date—1996 c 171 § 7: "Section 7 of this act expires June
30, 1997." [1996 c 171 § 20.]
Effective date—1996 c 137 § 12: "Section 12 of this act shall take
effect June 30, 1997." [1996 c 137 § 18.]
Expiration date—1996 c 137 § 11: "Section 11 of this act expires June
30, 1997." [1996 c 137 § 17.]
Application—1996 c 137: See note following RCW 43.105.830.
43.105.047
43.105.047 Department created—Appointment of
director—Director's duties. There is created the department of information services. The department shall be headed
by a director appointed by the governor with the consent of
the senate. The director shall serve at the governor's pleasure
and shall receive such salary as determined by the governor.
The director shall:
(1) Appoint a confidential secretary and such deputy and
assistant directors as needed to administer the department;
(2) Maintain and fund a strategic planning and policy
component separate from the services component of the
department;
(3) Appoint, after consulting with the board, the assistant
or deputy director for the planning component;
(4) Appoint such professional, technical, and clerical
assistants and employees as may be necessary to perform the
duties imposed by this chapter;
(2004 Ed.)
Department of Information Services
(5) Report to the governor and the board any matters
relating to abuses and evasions of this chapter; and
(6) Recommend statutory changes to the governor and
the board. [1999 c 80 § 5; 1992 c 20 § 9; 1987 c 504 § 6.]
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
Civil service exemptions: RCW 41.06.094.
43.105.052
43.105.052 Powers and duties of department. The
department shall:
(1) Perform all duties and responsibilities the board delegates to the department, including but not limited to:
(a) The review of agency information technology portfolios and related requests; and
(b) Implementation of statewide and interagency policies, standards, and guidelines;
(2) Make available information services to state agencies
and local governments and public benefit nonprofit corporations on a full cost-recovery basis. For the purposes of this
section "public benefit nonprofit corporation" means a public
benefit nonprofit corporation as defined in RCW 24.03.005
that is receiving local, state, or federal funds either directly or
through a public agency other than an Indian tribe or political
subdivision of another state. These services may include, but
are not limited to:
(a) Telecommunications services for voice, data, and
video;
(b) Mainframe computing services;
(c) Support for departmental and microcomputer evaluation, installation, and use;
(d) Equipment acquisition assistance, including leasing,
brokering, and establishing master contracts;
(e) Facilities management services for information technology equipment, equipment repair, and maintenance service;
(f) Negotiation with local cable companies and local
governments to provide for connection to local cable services
to allow for access to these public and educational channels
in the state;
(g) Office automation services;
(h) System development services; and
(i) Training.
These services are for discretionary use by customers
and customers may elect other alternatives for service if those
alternatives are more cost-effective or provide better service.
Agencies may be required to use the backbone network portions of the telecommunications services during an initial
start-up period not to exceed three years;
(3) Establish rates and fees for services provided by the
department to assure that the services component of the
department is self-supporting. A billing rate plan shall be
developed for a two-year period to coincide with the budgeting process. The rate plan shall be subject to review at least
annually by the customer advisory board. The rate plan shall
show the proposed rates by each cost center and will show the
components of the rate structure as mutually determined by
the department and the customer advisory board. The same
rate structure will apply to all user agencies of each cost center. The rate plan and any adjustments to rates shall be
approved by the office of financial management. The services
(2004 Ed.)
43.105.052
component shall not subsidize the operations of the strategic
planning and policy component;
(4) With the advice of the information services board and
agencies, develop a state strategic information technology
plan and performance reports as required under RCW
43.105.160;
(5) Develop plans for the department's achievement of
statewide goals and objectives set forth in the state strategic
inform ation tech nology plan required un der RCW
43.105.160. These plans shall address such services as telecommunications, central and distributed computing, local
area networks, office automation, and end user computing.
The department shall seek the advice of the customer advisory board and the board in the development of these plans;
(6) Under direction of the information services board and
in collaboration with the department of personnel, and other
agencies as may be appropriate, develop training plans and
coordinate training programs that are responsive to the needs
of agencies;
(7) Identify opportunities for the effective use of information services and coordinate appropriate responses to
those opportunities;
(8) Assess agencies' projects, acquisitions, plans, information technology portfolios, or overall information processing performance as requested by the board, agencies, the
director of financial management, or the legislature. Agencies may be required to reimburse the department for agencyrequested reviews;
(9) Develop planning, budgeting, and expenditure
reporting requirements, in conjunction with the office of
financial management, for agencies to follow;
(10) Assist the office of financial management with budgetary and policy review of agency plans for information services;
(11) Provide staff support from the strategic planning
and policy component to the board for:
(a) Meeting preparation, notices, and minutes;
(b) Promulgation of policies, standards, and guidelines
adopted by the board;
(c) Supervision of studies and reports requested by the
board;
(d) Conducting reviews and assessments as directed by
the board;
(12) Be the lead agency in coordinating video telecommunications services for all state agencies and develop, pursuant to board policies, standards and common specifications
for leased and purchased telecommunications equipment.
The department shall not evaluate the merits of school curriculum, higher education course offerings, or other education
and training programs proposed for transmission and/or
reception using video telecommunications resources. Nothing in this section shall abrogate or abridge the legal responsibilities of licensees of telecommunications facilities as
licensed by the federal communication commission on March
27, 1990; and
(13) Perform all other matters and things necessary to
carry out the purposes and provisions of this chapter. [2000
c 180 § 1; 1999 c 80 § 6; 1993 c 281 § 53; 1992 c 20 § 10;
1990 c 208 § 7; 1987 c 504 § 8.]
Effective date—1993 c 281: See note following RCW 41.06.022.
[Title 43 RCW—page 481]
43.105.055
Title 43 RCW: State Government—Executive
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
43.105.055
43.105.055 Advisory committees—Customer advisory board. (1) The director shall appoint advisory committees to assist the department. Advisory committees shall
include, but are not limited to, the customer advisory board.
(2) The customer advisory board shall provide the
department with advice concerning the type, quality, and cost
of the department's services. The customer advisory board
and its membership shall be determined by the director to
assure that all services are subject to advice from a representative selection of customers. At least annually, these committees shall meet to recommend, review, and comment on
the service goals and objectives of the department and the
budgets for operations of those services and the rates to be
charged for those services. The advisory board may call upon
the board to resolve disputes between agencies and the
department which may arise with regard to service offerings,
budgets, or rates.
(3) The customer advisory board may be convened by a
majority of its members, by its chair, or by the director.
[1999 c 80 § 7; 1987 c 504 § 9.]
cipal and interest on bonds issued for capital projects, by the
department, Washington State University's computer services center, the department of personnel's personnel information systems division, the office of financial management's financial systems management group, and other users
as jointly determined by the department and the office of
financial management. The revolving fund is subject to the
allotment procedure provided under chapter 43.88 RCW.
Disbursements from the revolving fund for the services component of the department are not subject to appropriation.
Disbursements for the strategic planning and policy component of the department are subject to appropriation. All disbursements from the fund are subject to the allotment procedures provided under chapter 43.88 RCW. The department
shall establish and implement a billing structure to assure all
agencies pay an equitable share of the costs.
As used in this section, the word "supplies" shall not be
interpreted to delegate or abrogate the division of purchasing's responsibilities and authority to purchase supplies as
described in RCW 43.19.190 and 43.19.200. [1999 c 80 § 8;
1992 c 235 § 6; 1987 c 504 § 11; 1983 c 3 § 116; 1974 ex.s. c
129 § 1.]
43.105.095
43.105.057
43.105.057 Rule-making authority. The department
of information services and the information services board,
respectively, shall adopt rules as necessary under chapter
34.05 RCW to implement the provisions of this chapter.
[1992 c 20 § 11; 1990 c 208 § 13.]
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
43.105.060
43.105.060 Contracts by state and local agencies with
department. State and local government agencies are authorized to enter into any contracts with the department or its
successor which may be necessary or desirable to effectuate
the purposes and policies of this chapter or for maximum utilization of facilities and services which are the subject of this
chapter. [1987 c 504 § 10; 1973 1st ex.s. c 219 § 9; 1967 ex.s.
c 115 § 6.]
Effective date—1967 ex.s. c 115: See note following RCW
43.105.020.
43.105.070
43.105.070 Confidential or privileged information.
This chapter shall in no way affect or impair any confidence
or privilege imposed by law. Confidential or privileged information shall not be subject to submittal to the common data
bank: PROVIDED, That where statistical information can be
derived from such classified material without violating any
such confidence, the submittal of such statistical material
may be required. [1969 ex.s. c 212 § 4.]
43.105.080
43.105.080 Data processing revolving fund—Created—Use. There is created a revolving fund to be known as
the data processing revolving fund in the custody of the state
treasurer. The revolving fund shall be used for the acquisition
of equipment, software, supplies, and services and the payment of salaries, wages, and other costs incidental to the
acquisition, development, operation, and administration of
information services, telecommunications, systems, software, supplies and equipment, including the payment of prin[Title 43 RCW—page 482]
43.105.095 Management and oversight structure. (1)
Under the direction of the board, the department shall
develop policies and procedures to implement a management
and oversight structure based on the use of information technology portfolios.
(2) These policies and procedures shall support and conform to:
(a) The state strategic information technology plan
developed under RCW 43.105.160(1) and *43.105.172; and
(b) Technology standards established by the board.
[1999 c 80 § 3.]
*Reviser's note: The reference to RCW 43.105.172 appears to be erroneous because it concerns information technology portfolios.
43.105.105
43.105.105 Information technology decisions and
plans. An agency information technology portfolio shall
serve as the basis for making information technology decisions and plans including:
(1) System refurbishment, acquisitions, and development efforts;
(2) Setting goals and objectives for using information
technology;
(3) Assessments of information processing performance,
resources, and capabilities;
(4) Ensuring the appropriate transfer of technological
expertise for the operation of new systems developed using
external resources; and
(5) Progress toward providing electronic access to public
information. [1999 c 80 § 4.]
43.105.160
43.105.160 Strategic information technology plan—
Biennial state performance report on information technology. (1) The department shall prepare a state strategic
information technology plan which shall establish a statewide
mission, goals, and objectives for the use of information technology, including goals for electronic access to government
records, information, and services. The plan shall be devel(2004 Ed.)
Department of Information Services
oped in accordance with the standards and policies established by the board and shall be submitted to the board for
review, modification as necessary, and approval. The department shall seek the advice of the board in the development of
this plan.
The plan approved under this section shall be updated as
necessary and submitted to the governor, the chairs and ranking minority members of the appropriations committees of
the senate and the house of representatives, and, during the
legislative session, to the chairs and ranking minority members of the transportation committees of the senate and the
house of representatives. During the legislative interim, the
approved plan must be submitted to the legislative transportation committee, instead of the standing transportation committees.
(2) The department shall prepare a biennial state performance report on information technology based on agency
performance reports required under RCW 43.105.170 and
other information deemed appropriate by the department.
The report shall include, but not be limited to:
(a) An analysis, based upon agency portfolios, of the
state's information technology infrastructure, including its
value, condition, and capacity;
(b) An evaluation of performance relating to information
technology;
(c) An assessment of progress made toward implementing the state strategic information technology plan, including
progress toward electronic access to public information and
enabling citizens to have two-way access to public records,
information, and services;
(d) An analysis of the success or failure, feasibility,
progress, costs, and timeliness of implementation of major
information technology projects under RCW 43.105.190;
(e) Identification of benefits, cost avoidance, and cost
savings generated by major information technology projects
developed under RCW 43.105.190; and
(f) An inventory of state information services, equipment, and proprietary software.
Copies of the report shall be distributed biennially to the
governor, the chairs and ranking minority members of the
appropriations committees of the senate and the house of representatives, and, during the legislative session, the chairs
and ranking minority members of the transportation committees of the senate and the house of representatives. During the
legislative interim, the report must be submitted to the legislative transportation committee, instead of the standing transportation committees. [1999 c 80 § 9; 1998 c 177 § 3; 1996 c
171 § 9; 1992 c 20 § 1.]
Captions not law—Effective dates—1996 c 171: See notes following
RCW 43.105.250.
Severability—1992 c 20: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1992 c 20 § 14.]
Captions not law—1992 c 20: "Captions used in this act do not constitute any part of the law." [1992 c 20 § 16.]
43.105.170
43.105.170 Information technology portfolios—Contents—Performance reports. (1) Each agency shall
develop an information technology portfolio consistent with
*RCW 43.105.095. The superintendent of public instruction
(2004 Ed.)
43.105.170
shall develop its portfolio in conjunction with educational
service districts and statewide or regional providers of K-12
education information technology services.
(2) Agency portfolios shall include, but not be limited to,
the following:
(a) A baseline assessment of the agency's information
technology resources and capabilities that will serve as the
benchmark for subsequent planning and performance measures;
(b) A statement of the agency's mission, goals, and
objectives for information technology, including goals and
objectives for achieving electronic access to agency records,
information, and services;
(c) An explanation of how the agency's mission, goals,
and objectives for information technology support and conform to the state strategic information technology plan developed under RCW 43.105.160;
(d) An implementation strategy to provide electronic
access to public records and information. This implementation strategy must be assembled to include:
(i) Compliance with Title 40 RCW;
(ii) Adequate public notice and opportunity for comment;
(iii) Consideration of a variety of electronic technologies, including those that help transcend geographic locations, standard business hours, economic conditions of users,
and disabilities;
(iv) Methods to educate both state employees and the
public in the effective use of access technologies;
(e) Projects and resources required to meet the objectives
of the portfolio; and
(f) Where feasible, estimated schedules and funding
required to implement identified projects.
(3) Portfolios developed under subsection (1) of this section shall be submitted to the department for review and forwarded along with the department's recommendations to the
board for review and approval. The board may reject, require
modification to, or approve portfolios as deemed appropriate
by the board. Portfolios submitted under this subsection shall
be updated and submitted for review and approval as necessary.
(4) Each agency shall prepare and submit to the department a biennial performance report that evaluates progress
toward the objectives articulated in its information technology portfolio. The superintendent of public instruction shall
develop its portfolio in conjunction with educational service
districts and statewide or regional providers of K-12 education information technology services. The report shall
include:
(a) An evaluation of the agency's performance relating to
information technology;
(b) An assessment of progress made toward implementing the agency information technology portfolio;
(c) Progress toward electronic access to public information and enabling citizens to have two-way interaction for
obtaining information and services from agencies; and
(d) An inventory of agency information services, equipment, and proprietary software.
(5) The department, with the approval of the board, shall
establish standards, elements, form, and format for plans and
reports developed under this section.
[Title 43 RCW—page 483]
43.105.172
Title 43 RCW: State Government—Executive
(6) Agency activities to increase electronic access to
public records and information, as required by this section,
must be implemented within available resources and existing
agency planning processes.
(7) The board may exempt any agency from any or all of
the requirements of this section. [1999 c 80 § 10. Prior: 1996
c 171 § 10; 1996 c 137 § 13; 1992 c 20 § 2.]
*Reviser's note: The reference to RCW 43.105.095 appears to be erroneous. RCW 43.105.172 was apparently intended.
Captions not law—Effective dates—1996 c 171: See notes following
RCW 43.105.250.
Effective date—Application—1996 c 137: See notes following RCW
43.105.830.
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
43.105.172
43.105.172 Information technology portfolios. Information technology portfolios shall reflect (1) links among an
agency's objectives, business plan, and technology; (2) analysis of the effect of an agency's proposed new technology
investments on its existing infrastructure and business functions; and (3) analysis of the effect of proposed information
technology investments on the state's information technology
infrastructure. [1999 c 80 § 2.]
43.105.180
43.105.180 Budget request to be evaluated for information technology projects. Upon request of the office of
financial management, the department shall evaluate agency
budget requests for major information technology projects
identified under RCW 43.105.190, including those proposed
by the superintendent of public instruction, in conjunction
with educational service districts, or statewide or regional
providers of K-12 education information technology services. The department shall submit recommendations for
funding all or part of such requests to the office of financial
management.
The department, with the advice and approval of the
office of financial management, shall establish criteria, consistent with portfolio-based information technology management, for the evaluation of agency budget requests under this
section. These budget requests shall be made in the context of
an agency's information technology portfolio; technology initiatives underlying budget requests are subject to board
review. Criteria shall include, but not be limited to: Feasibility of the proposed projects, consistency with the state strategic information technology plan, consistency with information technology portfolios, appropriate provision for public
electronic access to information and services, costs, and benefits. [1999 c 80 § 11. Prior: 1996 c 171 § 11; 1996 c 137 §
14; 1992 c 20 § 3.]
Captions not law—Effective dates—1996 c 171: See notes following
RCW 43.105.250.
Effective date—Application—1996 c 137: See notes following RCW
43.105.830.
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
43.105.190
43.105.190 Major information technology projects
standards and policies—Project evaluation and reporting. (1) The department, with the approval of the board, shall
establish standards and policies governing the planning,
[Title 43 RCW—page 484]
implementation, and evaluation of major information technology projects, including those proposed by the superintendent of public instruction, in conjunction with educational
service districts, or statewide or regional providers of K-12
education information technology services. The standards
and policies shall:
(a) Establish criteria to identify projects which are subject to this section. Such criteria shall include, but not be limited to, significant anticipated cost, complexity, or statewide
significance of the project; and
(b) Establish a model process and procedures which
agencies shall follow in developing and implementing
projects within their information technology portfolios.
Agencies may propose, for approval by the department, a
process and procedures unique to the agency. The department
may accept or require modification of such agency proposals
or the department may reject such agency proposals and
require use of the model process and procedures established
under this subsection. Any process and procedures developed
under this subsection shall require (i) distinct and identifiable
phases upon which funding may be based, (ii) user validation
of products through system demonstrations and testing of
prototypes and deliverables, and (iii) other elements identified by the board.
The director may terminate a major project if the director
determines that the project is not meeting or is not expected
to meet anticipated performance standards.
(2) The office of financial management shall establish
policies and standards consistent with portfolio-based information technology management to govern the funding of
projects developed under this section. The policies and standards shall provide for:
(a) Funding of a project under terms and conditions
mutually agreed to by the director, the director of financial
management, and the head of the agency proposing the
project. However, the office of financial management may
require incremental funding of a project on a phase-by-phase
basis whereby funds for a given phase of a project may be
released only when the office of financial management determines, with the advice of the department, that the previous
phase is satisfactorily completed;
(b) Acceptance testing of products to assure that products perform satisfactorily before they are accepted and final
payment is made; and
(c) Other elements deemed necessary by the office of
financial management.
(3) The department shall evaluate projects based on the
demonstrated business needs and benefits; cost; technology
scope and feasibility; impact on the agency's information
technology portfolio and on the statewide infrastructure; and
final project implementation plan based upon available funding.
Copies of project evaluations conducted under this subsection shall be submitted to the office of financial management and the chairs, ranking minority members, and staff
coordinators of the appropriations committees of the senate
and house of representatives.
If there are projects that receive funding from a transportation fund or account, copies of those projects' evaluations
conducted under this subsection must be submitted, during
the legislative session, to the chairs and ranking minority
(2004 Ed.)
Department of Information Services
members of the transportation committees of the senate and
the house of representatives. During the legislative interim,
the project evaluations must be submitted to the legislative
transportation committee. [1999 c 80 § 12; 1998 c 177 § 4;
1996 c 137 § 15; 1992 c 20 § 4.]
Effective date—Application—1996 c 137: See notes following RCW
43.105.830.
43.105.270
Captions not law—1996 c 171: "Section captions used in this act do
not constitute any part of the law." [1996 c 171 § 16.]
Effective dates—1996 c 171: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 28, 1996], except for section 8 of this act, which takes effect June 30,
1997." [1996 c 171 § 19.]
43.105.260
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
43.105.200
43.105.200 Application to institutions of higher education. In the case of institutions of higher education, the
provisions of chapter 20, Laws of 1992, apply to business and
administrative applications but do not apply to academic and
research applications. [1992 c 20 § 5.]
Severability—Captions not law—1992 c 20: See notes following
RCW 43.105.160.
43.105.210
43.105.210 Data processing expenditures—Authorization—Penalties. No state agency may expend any moneys
for major information technology projects subject to review
by the department of information services under RCW
43.105.190 unless specifically authorized by the legislature.
An intentional or negligent violation of this section constitutes a violation of RCW 43.88.290 and shall subject the head
of the agency to forfeiture of office and other civil penalties
as provided under RCW 43.88.300.
If the director of information services intentionally or
negligently approved an expenditure in violation of this section, then all sanctions described in this section and RCW
43.88.300 shall also apply to the director of information services. [1993 sp.s. c 1 § 903.]
Severability—1993 sp.s. c 1: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1993 sp.s. c 1 § 904.]
Effective date—1993 sp.s. c 1: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect immediately [May 18, 1993]." [1993 sp.s. c 1 § 905.]
43.105.250
43.105.250 Electronic access to public records—
Findings—Intent. Based upon the recommendations of the
public information access policy task force, the legislature
finds that government records and information are a vital
resource to both government operations and to the public that
government serves. Broad public access to state and local
government records and information has potential for
expanding citizen access to that information and for improving government services. Electronic methods for locating and
transferring information can improve linkages between and
among citizens, organizations, businesses, and governments.
Information must be managed with great care to meet the
objectives of citizens and their governments.
It is the intent of the legislature to encourage state and
local governments to develop, store, and manage their public
records and information in electronic formats to meet their
missions and objectives. Further, it is the intent of the legislature for state and local governments to set priorities for making public records widely available electronically to the public. [1996 c 171 § 1.]
(2004 Ed.)
43.105.260 Electronic access to public records—Definitions. Unless the context requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Local government" means every county, city, town,
and every other municipal or quasi-municipal corporation.
(2) "Public record" means as defined in RCW 42.17.020
and chapter 40.14 RCW, and includes legislative records and
court records that are available for public inspection.
(3) "State agency" includes every state office, department, division, bureau, board, and commission of the state,
and each state elected official who is a member of the executive department. [1996 c 171 § 2.]
Captions not law—Effective dates—1996 c 171: See notes following
RCW 43.105.250.
43.105.270
43.105.270 Electronic access to public records—
Planning. Within existing resources, state agencies shall
plan for and implement processes for making information
available electronically. Public demand and agencies' missions and goals shall drive the selection and priorities for
government information to be made available electronically.
When planning for increased public electronic access, agencies should determine what information the public wants and
needs most. Widespread public electronic access does not
mean that all government information is able to be made
available electronically.
(1) In planning for and implementing electronic access,
state agencies shall:
(a) Where appropriate, plan for electronic public access
and two-way electronic interaction when acquiring, redesigning, or rebuilding information systems;
(b) Focus on providing electronic access to current information, leaving archival material to be made available digitally as resources allow or as a need arises;
(c) Coordinate technology planning across agency
boundaries in order to facilitate electronic access to vital public information;
(d) Develop processes to determine which information
the public most wants and needs;
(e) Develop and employ methods to readily withhold or
mask nondisclosable data.
(2) In planning or implementing electronic access and
two-way electronic interaction and delivery technologies,
state agencies and local governments are encouraged to:
(a) Increase their capabilities to receive information
electronically from the public and to transmit forms, applications, and other communications and transactions electronically;
(b) Use technologies allowing public access throughout
the state that allow continuous access twenty-four hours a
day, seven days per week, involve little or no cost to access,
and are capable of being used by persons without extensive
technological ability; and
[Title 43 RCW—page 485]
43.105.280
Title 43 RCW: State Government—Executive
(c) Consider and incorporate wherever possible ease of
access to electronic technologies by persons with disabilities.
In planning and implementing new public electronic access
projects, agencies should consult with people who have disabilities, with disability access experts, and the general public.
(3) The final report of the public information access policy task force, "Encouraging Widespread Public Electronic
Access to Public Records and Information Held by State and
Local Governments," shall serve as a major resource for state
agencies and local governments in planning and providing
increased access to electronic public records and information.
[1996 c 171 § 5.]
Captions not law—Effective dates—1996 c 171: See notes following
RCW 43.105.250.
43.105.280
43.105.280 Electronic access to public records—
Costs and fees. Funding to meet the costs of providing
access, including the building of the necessary information
systems, the digitizing of information, developing the ability
to mask nondisclosable information, and maintenance and
upgrade of information access systems should come primarily from state and local appropriations, federal dollars,
grants, private funds, cooperative ventures among governments, nonexclusive licensing, and public/private partnerships. Agencies should not offer customized electronic
access services as the primary way of responding to requests
or as a primary source of revenue. Fees for staff time to
respond to requests, and other direct costs may be included in
costs of providing customized access.
Agencies and local governments are encouraged to pool
resources and to form cooperative ventures to provide electronic access to government records and information. State
agencies are encouraged to seek federal and private grants for
projects that provide increased efficiency and improve government delivery of information and services. [1996 c 171 §
12.]
Captions not law—Effective dates—1996 c 171: See notes following
RCW 43.105.250.
43.105.290
43.105.290 Electronic access to public records—Government information locator service pilot project. The
state library, with the assistance of the department of information services and the state archives, shall establish a pilot
project to design and test an electronic information locator
system, allowing members of the public to locate and access
electronic public records. In designing the system, the following factors shall be considered: (1) Ease of operation by
citizens; (2) access through multiple technologies, such as
direct dial and toll-free numbers, kiosks, and the internet; (3)
compatibility with private on-line services; and (4) capability
of expanding the electronic public records included in the
system. The pilot project may restrict the type and quality of
electronic public records that are included in the system to
test the feasibility of making electronic public records and
information widely available to the public. [1996 c 171 §
13.]
Captions not law—Effective dates—1996 c 171: See notes following
RCW 43.105.250.
[Title 43 RCW—page 486]
43.105.300
43.105.300 Education in use of technology encouraged. State agencies and local governments are encouraged
to provide education for their employees in the use and
implementation of electronic technologies. State agencies are
encouraged to make maximum use of the provisions of RCW
28B.15.558, and training offered by the state department of
personnel, to maximize employee education in the creation,
design, maintenance, and use of electronic information systems and improved customer service delivery. [1996 c 171 §
14.]
Captions not law—Effective dates—1996 c 171: See notes following
RCW 43.105.250.
43.105.310
43.105.310 Accuracy, integrity, and privacy of
records and information. State agencies and local governments that collect and enter information concerning individuals into electronic records and information systems that will
be widely accessible by the public under RCW 42.17.020
shall ensure the accuracy of this information to the extent
possible. To the extent possible, information must be collected directly from, and with the consent of, the individual
who is the subject of the data. Agencies shall establish procedures for correcting inaccurate information, including establishing mechanisms for individuals to review information
about themselves and recommend changes in information
they believe to be inaccurate. The inclusion of personal information in electronic public records that is widely available to
the public should include information on the date when the
data base was created or most recently updated. If personally
identifiable information is included in electronic public
records that are made widely available to the public, agencies
must follow retention and archival schedules in accordance
with chapter 40.14 RCW, retaining personally identifiable
information only as long as needed to carry out the purpose
for which it was collected. [1996 c 171 § 15.]
Captions not law—Effective dates—1996 c 171: See notes following
RCW 43.105.250.
43.105.320
43.105.320 Departmental authority as certification
authority for electronic authentication. The department of
information services may become a licensed certification
authority, under chapter 19.34 RCW, for the purpose of providing services to agencies, local governments, and other
entities and persons for purposes of official state business.
The department is not subject to RCW 19.34.100(1)(a). The
department shall only issue certificates, as defined in RCW
19.34.020, in which the subscriber is:
(1) The state of Washington or a department, office, or
agency of the state;
(2) A city, county, district, or other municipal corporation, or a department, office, or agency of the city, county,
district, or municipal corporation;
(3) An agent or employee of an entity described by subsection (1) or (2) of this section, for purposes of official public business;
(4) Any other person or entity engaged in matters of official public business, however, such certificates shall be limited only to matters of official public business. The department may issue certificates to such persons or entities only if
after issuing a request for proposals from certification authorities licensed under chapter 19.34 RCW and review of the
(2004 Ed.)
Department of Information Services
submitted proposals, makes a determination that such private
services are not sufficient to meet the department's published
requirements. The department must set forth in writing the
basis of any such determination and provide procedures for
challenge of the determination as provided by the state procurement requirements; or
(5) An applicant for a license as a certification authority
for the purpose of compliance with RCW 19.34.100(1)(a).
[1999 c 287 § 18; 1997 c 27 § 29.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
43.105.330
43.105.330 State interoperability executive committee. (1) The board shall appoint a state interoperability executive committee, the membership of which must include, but
not be limited to, representatives of the military department,
the Washington state patrol, the department of transportation,
the department of information services, the department of
natural resources, city and county governments, state and
local fire chiefs, police chiefs, and sheriffs, and state and
local emergency management directors. The chair and legislative members of the board will serve as nonvoting ex officio members of the committee. Voting membership may not
exceed fifteen members.
(2) The chair of the board shall appoint the chair of the
committee from among the voting members of the committee.
(3) The strategic [state] interoperability executive committee has the following responsibilities:
(a) Develop policies and make recommendations to the
board for technical standards for state wireless radio communications systems, including emergency communications
systems. The standards must address, among other things,
the interoperability of systems, taking into account both
existing and future systems and technologies;
(b) Coordinate and manage on behalf of the board the
licensing and use of state-designated and state-licensed radio
frequencies, including the spectrum used for public safety
and emergency communications, and serve as the point of
contact with the federal communications commission on matters relating to allocation, use, and licensing of radio spectrum;
(c) Seek support, including possible federal or other
funding, for state-sponsored wireless communications systems;
(d) Develop recommendations for legislation that may
be required to promote interoperability of state wireless communications systems;
(e) Foster cooperation and coordination among public
safety and emergency response organizations;
(f) Work with wireless communications groups and
associations to ensure interoperability among all public
safety and emergency response wireless communications
systems; and
(g) Perform such other duties as may be assigned by the
board to promote interoperability of wireless communications systems. [2003 c 18 § 4.]
Inventory—Statewide public safety communications plan—2003 c
18: "(1) The state interoperability executive committee shall take inventory
of and evaluate all state and local government-owned public safety commu(2004 Ed.)
43.105.800
nications systems, and prepare a statewide public safety communications
plan. The plan must set forth recommendations for executive and legislative
action to insure that public safety communications systems can communicate
with one another and conform to federal law and regulations governing
emergency communications systems and spectrum allocation. The plan
must include specific goals for improving interoperability of public safety
communications systems and identifiable benchmarks for achieving those
goals.
(2) The committee shall present the inventory and plan required in subsection (1) of this section to the board and appropriate legislative committees
as follows:
(a) By December 31, 2003, an inventory of state government-operated
public safety communications systems;
(b) By July 31, 2004, an inventory of all public safety communications
systems in the state;
(c) By March 31, 2004, an interim statewide public safety communications plan; and
(d) By December 31, 2004, a final statewide public safety communications plan.
(3) The committee shall consult regularly with the joint legislative
audit and review committee and the legislative evaluation and accounting
program committee while developing the inventory and plan under this section." [2003 c 18 § 5.]
Intent—Finding—Effective date—2003 c 18: See notes following
RCW 43.105.020.
43.105.800
43.105.800 K-20 educational network board. The K20 educational network board is created. The purpose of the
K-20 board is to ensure that the K-20 educational telecommunications network is operated in a way that serves the
broad public interest above the interest of any network user.
(1) The K-20 board shall comprise eleven voting and
seven nonvoting members as follows:
(a) Voting members shall include: A person designated
by the governor; one member of each caucus of the senate,
appointed by the president of the senate; one member of each
caucus of the house of representatives, appointed by the
speaker of the house of representatives; the superintendent of
public instruction or his or her designee; the executive director of the higher education coordinating board or his or her
designee; the executive director of the state board for community and technical colleges or his or her designee; the chair
of the information services board, or his or her designee; the
director of the department of information services or his or
her designee; and one citizen member.
The citizen member shall be appointed to a four-year
term by the governor with the consent of the senate. The governor shall appoint the citizen member of the K-20 board by
July 30, 1999.
(b) Nonvoting members shall include one community or
technical college president, appointed by the state board for
technical and community colleges; one president of a public
baccalaureate institution, appointed by the council of presidents; the state librarian; one educational service district
superintendent, one school district superintendent, and one
representative of an approved private school, appointed by
the superintendent of public instruction; and one representative of independent baccalaureate institutions, appointed by
the Washington association of independent colleges and universities.
(2) The director of the department of information services or his or her designee shall serve as chair of the K-20
board. The department of information services shall provide
staffing to the K-20 board. A majority of the voting members
[Title 43 RCW—page 487]
43.105.805
Title 43 RCW: State Government—Executive
of the K-20 board shall constitute a quorum for the transaction of business.
(3) The citizen member of the K-20 board shall be compensated in accordance with RCW 43.03.250. [1999 c 285 §
2.]
43.105.805
43.105.805 K-20 educational network board—Powers and duties. The K-20 board has the following powers
and duties:
(1) In cooperation with the educational sectors and other
interested parties, to establish goals and measurable objectives for the network;
(2) To ensure that the goals and measurable objectives of
the network are the basis for any decisions or recommendations regarding the technical development and operation of
the network;
(3) To adopt, modify, and implement policies to facilitate network development, operation, and expansion. Such
policies may include but need not be limited to the following
issues: Quality of educational services; access to the network
by recognized organizations and accredited institutions that
deliver educational programming, including public libraries;
prioritization of programming within limited resources; prioritization of access to the system and the sharing of technological advances; network security; identification and evaluation of emerging technologies for delivery of educational
programs; future expansion or redirection of the system; network fee structures; and costs for the development and operation of the network;
(4) To prepare and submit to the governor and the legislature a coordinated budget for network development, operation, and expansion. The budget shall include the recommendations of the K-20 board on (a) any state funding requested
for network transport and equipment, distance education
facilities and hardware or software specific to the use of the
network, and proposed new network end sites, (b) annual
copayments to be charged to public educational sector institutions and other public entities connected to the network,
and (c) charges to nongovernmental entities connected to the
network;
(5) To adopt and monitor the implementation of a methodology to evaluate the effectiveness of the network in
achieving the educational goals and measurable objectives;
(6) To authorize the release of funds from the K-20 technology account under RCW 43.105.830 for network expenditures;
(7) To establish by rule acceptable use policies governing user eligibility for participation in the K-20 network,
acceptable uses of network resources, and procedures for
enforcement of such policies. The K-20 board shall set forth
appropriate procedures for enforcement of acceptable use
policies, that may include suspension of network connections
and removal of shared equipment for violations of network
conditions or policies. However, the information services
board shall have sole responsibility for the implementation of
enforcement procedures relating to technical conditions of
use. [1999 c 285 § 3.]
[Title 43 RCW—page 488]
43.105.810 K-20 network technical steering committee. The K-20 network technical steering committee is established, and shall report to the information services board.
(1) The committee consists of the following seven voting
members: A representative of the higher education coordinating board, appointed by its executive director; a representative of the superintendent of public instruction, appointed
by the superintendent of public instruction; a representative
of the state board for community and technical colleges,
appointed by its executive director; a representative of the
educational services districts, appointed by that organization;
a representative of the baccalaureate institutions, appointed
by the council of presidents; a representative of the computer
or telecommunications industry, appointed by the governor;
and a representative of the department, appointed by the
director. The committee includes as ex officio, nonvoting
members, a representative of the organization that operates
the K-20 network under RCW 43.105.815, appointed by that
organization; the state librarian; a representative of the independent nonprofit institutions of higher education, appointed
by the Washington association of independent colleges and
universities; and such additional ex officio, nonvoting members as may be appointed by the information services board.
The committee shall select a chair from among its members.
(2) The committee shall have general operational and
technical oversight over the K-20 network, as delegated by
the information services board.
(3) The department shall supply necessary staff support
to the committee. [1999 c 285 § 6.]
43.105.810
43.105.815
43.105.815 K-20 operations cooperative—Ongoing
management. The department shall maintain, in consultation with the network users and the board, the K-20 operations cooperative, which shall be responsible for day-to-day
network management, technical network status monitoring,
technical problem response coordination, and other duties as
agreed to by the department, the educational sectors, and the
information services board. Funding for the K-20 operations
cooperative shall be provided from the K-20 revolving fund
under RCW 43.105.835. [1999 c 285 § 8.]
43.105.820
43.105.820 K-20 telecommunication system—Technical plan. The information services board shall prepare a
technical plan for the design and construction of the K-20
telecommunication system. The board shall ensure that the
technical plan adheres to the goals and objectives established
under RCW 43.105.041. The board shall provide formal
project approval and oversight during the development and
implementation of the K-20 telecommunications network. In
approving the plan, the board shall conduct a request for proposal process. The technical plan shall be developed in
phases as follows:
(1) Phase one shall provide a telecommunication backbone connecting educational service districts, the main campuses of public baccalaureate institutions, the branch campuses of public research institutions, and the main campuses
of community colleges and technical colleges.
(2) Phase two shall provide for (a) connection to the network by entities that include, but need not be limited to:
School districts, public higher education off-campus and
extension centers, and branch campuses of community col(2004 Ed.)
Department of Information Services
leges and technical colleges, as prioritized by the K-20 telecommunications oversight and policy committee, or as modified by the board; (b) distance education facilities and components for entities listed in subsections (1) and (2) of this
section; and (c) connection for independent nonprofit institutions of higher education, provided that:
(i) The K-20 board and each independent nonprofit institution of higher education to be connected agree in writing to
terms and conditions of connectivity. The terms and conditions shall ensure, among other things, that the provision of
K-20 services does not violate Article VIII, section 5 of the
state Constitution and that the institution shall adhere to network policies; and
(ii) The K-20 board determines that inclusion of the
independent nonprofit institutions of higher education will
not significantly affect the network's eligibility for federal
universal service fund discounts or subsidies.
(3) Subsequent phases may include, but need not be limited to, connections to public libraries, state and local governments, community resource centers, and the private sector.
[1999 c 285 § 11; 1996 c 137 § 8. Formerly RCW
28D.02.070.]
Effective date—Application—1996 c 137: See notes following RCW
43.105.830.
43.105.825
43.105.825 K-20 network—Oversight—Coordination of telecommunications planning. (1) In overseeing the
technical aspects of the K-20 network, the information services board is not intended to duplicate the statutory responsibilities of the higher education coordinating board, the
superintendent of public instruction, the information services
board, the state librarian, or the governing boards of the institutions of higher education.
(2) The board may not interfere in any curriculum or
legally offered programming offered over the network.
(3) The responsibility to review and approve standards
and common specifications for the network remains the
responsibility of the information services board under RCW
43.105.041.
(4) The coordination of telecommunications planning for
the common schools remains the responsibility of the superintendent of public instruction. Except as set forth in RCW
43.105.041(1)(d), the board may recommend, but not require,
revisions to the superintendent's telecommunications plans.
[2004 c 275 § 62; 1999 c 285 § 7.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
43.105.830
43.105.830 K-20 technology account. (1) The K-20
technology account is hereby created in the state treasury.
The department of information services shall deposit into the
account moneys received from legislative appropriations,
gifts, grants, and endowments for the buildout and installation of the K-20 telecommunication system. The account
shall be subject to appropriation and may be expended solely
for the K-20 telecommunication system. Disbursements
from the account shall be on authorization of the director of
the department of information services with approval of the
board.
(2) During the 2003-2005 biennium, the legislature may
transfer moneys from the K-20 technology account to the
(2004 Ed.)
43.105.835
state general fund such amounts as reflect the excess fund
balance of the account. [2004 c 276 § 909; 1999 c 285 § 9;
1997 c 180 § 2; 1996 c 137 § 7. Formerly RCW 28D.02.060.]
Severability—Effective date—2004 c 276: See notes following RCW
43.330.167.
Effective date—1997 c 180: See note following RCW 43.105.835.
Effective date—1996 c 137: "Sections 1 through 11 and 13 through 15
of this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect immediately [March 25, 1996]." [1996 c
137 § 19.]
Application—1996 c 137: "Nothing in this act shall prevent the ongoing maintenance and operation of existing telecommunications and information systems or programs." [1996 c 137 § 20.]
43.105.835
43.105.835 Education technology revolving fund. (1)
The education technology revolving fund is created in the
custody of the state treasurer. All receipts from billings
under subsection (2) of this section must be deposited in the
revolving fund. Only the director of the department of information services or the director's designee may authorize
expenditures from the fund. The revolving fund shall be used
to pay for network operations, transport, equipment, software, supplies, and services, maintenance and depreciation of
on-site data, and shared infrastructure, and other costs incidental to the development, operation, and administration of
shared educational information technology services, telecommunications, and systems. The revolving fund shall not
be used for the acquisition, maintenance, or operations of
local telecommunications infrastructure or the maintenance
or depreciation of on-premises video equipment specific to a
particular institution or group of institutions.
(2) The revolving fund and all disbursements from the
revolving fund are subject to the allotment procedure under
chapter 43.88 RCW, but an appropriation is not required for
expenditures. The department of information services shall,
in consultation with entities connected to the network under
RCW 43.105.820 and subject to the review and approval of
the office of financial management, establish and implement
a billing structure for network services identified in subsection (1) of this section.
(3) The department shall charge those public entities
connected to the K-20 telecommunications [telecommunication system] under RCW 43.105.820 an annual copayment
per unit of transport connection as determined by the legislature after consideration of the K-20 board's recommendations. This copayment shall be deposited into the revolving
fund to be used for the purposes in subsection (1) of this section. It is the intent of the legislature to appropriate to the
revolving fund such moneys as necessary to cover the costs
for transport, maintenance, and depreciation of data equipment located at the individual public institutions, maintenance and depreciation of the network backbone, and services provided to the network under RCW 43.105.815.
(4) During the 2003-05 biennium, the legislature may
transfer moneys from the education technology revolving
fund to the state general fund and the data processing revolving fund such amounts as reflect the excess fund balance of
the account. [2004 c 276 § 910; 1999 c 285 § 10; 1997 c 180
§ 1. Formerly RCW 28D.02.065.]
Severability—Effective date—2004 c 276: See notes following RCW
43.330.167.
[Title 43 RCW—page 489]
43.105.900
Title 43 RCW: State Government—Executive
Effective date—1997 c 180: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 23, 1997]." [1997 c 180 § 3.]
43.105.900
43.105.900 Severability—1973 1st ex.s. c 219. If any
provision of this 1973 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or
circumstances is not affected. [1973 1st ex.s. c 219 § 10.]
43.105.901
43.105.901 Severability—1987 c 504. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 504 § 25.]
43.105.902
43.105.902 Effective date—1987 c 504. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect July 1, 1987.
[1987 c 504 § 26.]
43.105.903
43.105.903 Effective date—1999 c 285. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect July 1, 1999.
[1999 c 285 § 14.]
43.105.904
43.105.904 Actions of telecommunications oversight
and policy committee—Savings—1999 c 285. Actions of
the telecommunications oversight and policy committee in
effect on June 30, 1999, shall remain in effect thereafter
unless modified or repealed by the K-20 board. [1999 c 285
§ 4.]
Chapter 43.110
Chapter 43.110 RCW
MUNICIPAL RESEARCH COUNCIL
Sections
43.110.010
43.110.020
43.110.030
43.110.040
43.110.050
43.110.060
43.110.070
Council created—Membership—Terms—Travel expenses.
Transmission of funds to council from general fund for allocation—Contracts—Purposes.
Municipal research and services.
Local government regulation and policy handouts—Technical
assistance.
County research services account.
City and town research services account—Disbursal to municipal research council.
Hazardous liquid and gas pipeline—Model ordinance and
franchise agreement.
appointed by the governor from a list of six nominees submitted by the board of directors of the association of Washington
cities; and three members, who shall be county officials, shall
be appointed by the governor, one of whom shall be a nominee submitted by the board of directors of the Washington
association of county officials, and two of whom shall be
from a list of two nominees submitted by the board of directors of the Washington state association of counties. Of the
city or town officials, at least one shall be an official of a city
having a population of twenty thousand or more; at least one
shall be an official of a city having a population of one thousand five hundred to twenty thousand; and at least one shall
be an official of a town having a population of less than one
thousand five hundred.
The terms of members shall be for two years. The terms
of those members who are appointed as legislators or city,
town, or county officials shall be dependent upon continuance in legislative, city, town, or county office. The terms of
all members except legislative members shall commence on
the first day of August in every odd-numbered year. The
speaker of the house of representatives and the president of
the senate shall make their appointments on or before the
third Monday in January in each odd-numbered year, and the
terms of the members thus appointed shall commence on the
third Monday of January in each odd-numbered year.
Council members shall receive no compensation but
shall be reimbursed for travel expenses at rates in accordance
with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended, except that members of the council who are
also members of the legislature shall be reimbursed at the
rates provided by RCW 44.04.120. [2001 c 290 § 1; 1997 c
437 § 1; 1990 c 104 § 1; 1983 c 22 § 1; 1975-'76 2nd ex.s. c
34 § 129; 1975 1st ex.s. c 218 § 1; 1969 c 108 § 2.]
Effective date—2001 c 290: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 290 § 2.]
Effective date—1997 c 437: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 437 § 6.]
Effective date—1983 c 22: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1983." [1983 c 22 § 5.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Severability—Effective date—1969 c 108: See notes following RCW
82.44.160.
43.110.020
43.110.010
43.110.010 Council created—Membership—
Terms—Travel expenses. There shall be a state agency
which shall be known as the municipal research council. The
council shall be composed of fourteen members. Two members shall be appointed by the president of the senate, with
equal representation from each of the two major political parties; two members shall be appointed by the speaker of the
house of representatives, with equal representation from each
of the two major political parties; one member shall be the
director of community, trade, and economic development; six
members, who shall be city or town officials, shall be
[Title 43 RCW—page 490]
43.110.020 Transmission of funds to council from
general fund for allocation—Contracts—Purposes. See
RCW 82.44.160.
43.110.030
43.110.030 Municipal research and services. The
municipal research council shall contract for the provision of
municipal research and services to cities, towns, and counties. Contracts for municipal research and services shall be
made with state agencies, educational institutions, or private
consulting firms, that in the judgment of council members are
qualified to provide such research and services. Contracts for
staff support may be made with state agencies, educational
(2004 Ed.)
Commission on African-American Affairs
institutions, or private consulting firms that in the judgment
of the council members are qualified to provide such support.
Municipal research and services shall consist of: (1)
Studying and researching city, town, and county government
and issues relating to city, town, and county government; (2)
acquiring, preparing, and distributing publications related to
city, town, and county government and issues relating to city,
town, and county government; (3) providing educational conferences relating to city, town, and county government and
issues relating to city, town, and county government; and (4)
furnishing legal, technical, consultative, and field services to
cities, towns, and counties concerning planning, public
health, utility services, fire protection, law enforcement, public works, and other issues relating to city, town, and county
government. Requests for legal services by county officials
shall be sent to the office of the county prosecuting attorney.
Responses by the municipal research council to county
requests for legal services shall be provided to the requesting
official and the county prosecuting attorney.
The activities, programs, and services of the municipal
research council shall be carried on in cooperation with the
association of Washington cities and the Washington state
association of counties. Services to cities and towns shall be
based upon the moneys appropriated to the municipal
research council from the city and town research services
account under RCW 43.110.060. Services to counties shall be
based upon the moneys appropriated to the municipal
research council from the county research services account
under RCW 43.110.050. [2000 c 227 § 3; 1997 c 437 § 2;
1990 c 104 § 2.]
Effective date—2000 c 227: See note following RCW 43.110.060.
Effective date—1997 c 437: See note following RCW 43.110.010.
43.110.040
43.110.040 Local government regulation and policy
handouts—Technical assistance. The municipal research
council shall provide technical assistance in the compilation
of and support in the production of the handouts to be published and kept current by counties and cities under RCW
36.70B.220. [1996 c 206 § 10.]
Findings—1996 c 206: See note following RCW 43.05.030.
43.110.050
43.110.050 County research services account. (1) A
special account is created in the state treasury to be known as
the county research services account. The account shall consist of all money transferred to the account under RCW
82.08.170 or otherwise transferred or appropriated to the
account by the legislature. Moneys in the account may be
spent only after appropriation. The account is subject to the
allotment process under chapter 43.88 RCW.
Moneys in the county research services account may be
expended only to finance the costs of county research.
(2) All unobligated moneys remaining in the account at
the end of the fiscal biennium shall be distributed by the treasurer to the counties of the state in the same manner as the
distribution under RCW 82.08.170(1)(a). [2002 c 38 § 1;
1997 c 437 § 3.]
Effective date—1997 c 437: See note following RCW 43.110.010.
43.110.060
43.110.060 Cit y and town research services
account—Disbursal to municipal research council. The
(2004 Ed.)
43.113.005
city and town research services account is created in the state
treasury. Moneys in the account shall consist of amounts
transferred under RCW 66.08.190(2) and any other transfers
or appropriations to the account. Moneys in the account may
be spent only after an appropriation. Expenditures from the
account may be used only for city and town research.
All unobligated moneys remaining in the account at the
end of the fiscal biennium shall be distributed by the treasurer
to the incorporated cities and towns of the state in the same
manner as the distribution under RCW 66.08.190(1)(b)(iii).
The treasurer may disburse amounts appropriated to the
municipal research council from the city and town research
services account by warrant or check to the contracting parties on invoices or vouchers certified by the chair of the
municipal research council or his or her designee. Payments
to public agencies may be made in advance of actual work
contracted for, at the discretion of the council. [2002 c 38 §
4; 2000 c 227 § 1.]
Effective date—2000 c 227: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2000."
[2000 c 227 § 5.]
43.110.070
43.110.070 Hazardous liquid and gas pipeline—
Model ordinance and franchise agreement. The municipal
research council shall, by June 30, 2001, develop and periodically update, for the consideration by local governments:
(1) A model ordinance that establishes setback and depth
requirements for new hazardous liquid and gas pipeline construction; and
(2) A model franchise agreement for jurisdictions
through which a hazardous liquid or gas pipeline is located.
[2000 c 191 § 8.]
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
Chapter 43.113 RCW
COMMISSION ON AFRICAN-AMERICAN AFFAIRS
Chapter 43.113
Sections
43.113.005
43.113.010
43.113.020
43.113.030
Legislative declaration.
Commission created.
Membership—Terms—Vacancies—Quorum—Expenses.
Powers and duties.
Ethnic and cultural diversity—Development of curriculum for understanding: RCW 2.56.030 and 43.101.280.
43.113.005
43.113.005 Legislative declaration. The legislature
declares that it is the public policy of this state to insure equal
opportunity for all of its citizens. The legislature finds that,
for economic, social, and historical reasons, a disproportionate number of African-Americans find themselves disadvantaged or isolated from the benefits of equal opportunity.
The legislature believes that it is the duty of this state to
improve the well-being of African-Americans by enabling
them to participate fully in all fields of endeavor and by
assisting them in obtaining governmental services. The legislature further finds that the development of public policy and
the delivery of governmental services to meet the special
needs of African-Americans can be improved by establishing
a focal point in state government for the interests of African[Title 43 RCW—page 491]
43.113.010
Title 43 RCW: State Government—Executive
American citizens. Therefore, the legislature deems it necessary to establish in statute the commission on African-American affairs to further these purposes. [1992 c 96 § 1.]
43.113.010
43.113.010 Commission created. The Washington
state commission on African-American affairs is created. The
commission shall be administered by an executive director,
who shall be appointed by, and serve at the pleasure of, the
governor. The governor shall set the salary of the executive
director. The executive director shall employ the staff of the
commission. [1992 c 96 § 2.]
43.115.030
43.115.040
43.115.045
43.115.060
43.115.900
Membership—Terms—Vacancies—Travel expenses—Quorum.
Officers and employees—Rules and regulations.
Executive director.
Relationships with local government and private industry.
Severability—1971 ex.s. c 34.
Reviser's note—Sunset Act application: The Washington state commission on Hispanic affairs is subject to review, termination, and possible
extension under chapter 43.131 RCW, the Sunset Act. See RCW 43.131.341.
RCW 43.115.010 through 43.115.060 and 43.115.900 are scheduled for
future repeal under RCW 43.131.342.
Ethnic and cultural diversity—Development of curriculum for understanding: RCW 2.56.030 and 43.101.280.
43.115.010
43.113.020
43.113.020 Membership—Terms—Vacancies—
Quorum—Expenses. The commission shall consist of nine
members, appointed by the governor. The commission shall
make recommendations to the governor on appointment of
the chair of the commission. The governor shall appoint the
chair of the commission. To the extent practicable, appointments to the commission shall be made to achieve a balanced
representation based on African-American population distribution within the state, geographic considerations, sex, age,
and occupation. Members shall serve three-year terms. However, of the initial appointees, one-third shall serve three-year
terms, one-third shall serve two-year terms, and one-third
shall serve a one-year term. In the case of a vacancy, appointment shall be for the remainder of the unexpired term. No
member shall serve more than two full consecutive terms.
Members shall be reimbursed for travel expenses incurred in
the performance of their duties in accordance with RCW
43.03.050 and 43.03.060. Five members shall constitute a
quorum for the purposes of conducting business. [1992 c 96
§ 3.]
43.115.010 Legislative declaration. The legislature
declares that the public policy of this state is to insure equal
opportunity for all of its citizens. The legislature believes that
it is the duty of the state to improve the well-being of Hispanics by enabling them to participate fully in all fields of
endeavor and assisting them in obtaining governmental services. The legislature further finds that the development of
public policy and the delivery of governmental services to
meet the special needs of Hispanics can be improved by
establishing a focal point in state government for the interests
of Hispanics. Therefore the legislature deems it necessary to
create a commission to carry out the purposes of this chapter.
[1993 c 261 § 1; 1987 c 249 § 1; 1971 ex.s. c 34 § 1.]
Sunset Act application: See note following chapter digest.
43.115.020
43.115.020 Commission created. There is created a
Washington state commission on Hispanic affairs. [1987 c
249 § 2; 1971 ex.s. c 34 § 2.]
Sunset Act application: See note following chapter digest.
43.115.030
43.113.030
43.113.030 Powers and duties. The commission shall
have the following powers and duties:
(1) Examine and define issues pertaining to the rights
and needs of African-Americans, and make recommendations to the governor and state agencies for changes in programs and laws.
(2) Advise the governor and state agencies on the development and implementation of policies, plans, and programs
that relate to the special needs of African-Americans.
(3) Acting in concert with the governor, advise the legislature on issues of concern to the African-American community.
(4) Establish relationships with state agencies, local governments, and private sector organizations that promote equal
opportunity and benefits for African-Americans.
(5) Receive gifts, grants, and endowments from public or
private sources that are made for the use or benefit of the
commission and expend, without appropriation, the same or
any income from the gifts, grants, or endowments according
to their terms. [1992 c 96 § 4.]
43.115.030 Membership—Terms—Vacancies—
Travel expenses—Quorum. (1) The commission shall consist of eleven members of Hispanic origin appointed by the
governor. To the extent practicable, appointments to the
commission shall be made to achieve a balanced representation based on the Hispanic population distribution within the
state, geographic considerations, sex, age, and occupation.
Members shall serve three-year terms. No member shall
serve more than two full consecutive terms. Vacancies shall
be filled in the same manner as the original appointments.
(2) Members shall receive reimbursement for travel
expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060 as now existing or
hereafter amended.
(3) Six members of the commission shall constitute a
quorum for the purpose of conducting business. [1993 c 261
§ 2; 1987 c 249 § 3; 1981 c 338 § 15; 1975-'76 2nd ex.s. c 34
§ 130; 1971 ex.s. c 34 § 3.]
Sunset Act application: See note following chapter digest.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
43.115.040
Chapter 43.115 RCW
STATE COMMISSION ON HISPANIC AFFAIRS
Chapter 43.115
Sections
43.115.010
43.115.020
Legislative declaration.
Commission created.
[Title 43 RCW—page 492]
43.115.040 Officers and employees—Rules and regulations. The commission shall have the following powers
and duties:
(1) Elect one of its members to serve as chairman;
(2) Adopt rules and regulations pursuant to chapter 34.05
RCW;
(2004 Ed.)
State Commission on Asian Pacific American Affairs
(3) Examine and define issues pertaining to the rights
and needs of Hispanics, and make recommendations to the
governor and state agencies for changes in programs and
laws;
(4) Advise the governor and state agencies on the development and implementation of policies, plans, and programs
that relate to the special needs of Hispanics;
(5) Advise the legislature on issues of concern to the Hispanic community;
(6) Establish relationships with state agencies, local governments, and private sector organizations that promote equal
opportunity and benefits for Hispanics; and
(7) Receive gifts, grants, and endowments from public or
private sources that are made for the use or benefit of the
commission and expend, without appropriation, the same or
any income from the gifts, grants, or endowments according
to their terms. [1993 c 261 § 3; 1987 c 249 § 4; 1971 ex.s. c
34 § 4.]
Sunset Act application: See note following chapter digest.
43.115.045 Executive director. (1) The commission
shall be administered by an executive director, who shall be
appointed by and serve at the pleasure of the governor. The
governor shall base the appointment of the executive director
on recommendations of the commission. The salary of the
executive director shall be set by the governor.
(2) The executive director shall employ a staff, who shall
be state employees pursuant to Title 41 RCW. The executive
director shall prescribe the duties of the staff as may be necessary to implement the purposes of this chapter. [1993 c 261
§ 4.]
43.115.045
43.117.100
43.117.110
43.117.900
43.117.040
Gifts, grants and endowments—Receipt and expenditure.
Asian Pacific American heritage month.
Severability—1974 ex.s. c 140.
Ethnic and cultural diversity—Development of curriculum for understanding: RCW 2.56.030 and 43.101.280.
43.117.010
43.117.010 Legislative declaration. The legislature
declares that the public policy of this state is to insure equal
opportunity for all of its citizens. The legislature finds that
Asian Pacific Americans have unique and special problems.
It is the purpose of this chapter to improve the well-being of
Asian Pacific Americans by insuring their access to participation in the fields of government, business, education, and
other areas. The legislature is particularly concerned with the
plight of those Asian Pacific Americans who, for economic,
linguistic, or cultural reasons, find themselves disadvantaged
or isolated from American society and the benefits of equal
opportunity. The legislature aims to help these and all Asian
Pacific Americans achieve full equality and inclusion in
American society. The legislature further finds that it is necessary to aid Asian Pacific Americans in obtaining governmental services in order to promote the health, safety, and
welfare of all the residents of this state. Therefore the legislature deems it necessary to create a commission to carry out
the purposes of this chapter. [2000 c 236 § 1; 1995 c 67 § 2;
1983 c 119 § 1; 1974 ex.s. c 140 § 1.]
Effective date—2000 c 236: "This act takes effect April 30, 2000."
[2000 c 236 § 4.]
Effective date—1983 c 119: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1983." [1983 c 119 § 5.]
43.117.020
43.115.060 Relationships with local government and
private industry. In carrying out its duties the commission
may establish such relationships with local governments and
private industry as may be needed to promote equal opportunity for Hispanics in government, education and employment. [1987 c 249 § 6; 1971 ex.s. c 34 § 6.]
43.115.060
Sunset Act application: See note following chapter digest.
43.115.900 Severability—1971 ex.s. c 34. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1971 ex.s. c 34 § 7.]
43.115.900
Sunset Act application: See note following chapter digest.
Chapter 43.117 RCW
STATE COMMISSION ON ASIAN PACIFIC
AMERICAN AFFAIRS
Chapter 43.117
(Formerly: State commission on Asian-American affairs)
Sections
43.117.010
43.117.020
43.117.030
43.117.040
43.117.050
43.117.060
43.117.070
43.117.080
43.117.090
(2004 Ed.)
Legislative declaration.
Definitions.
Commission established.
Membership—Terms—Vacancies—Travel expenses—Quorum—Executive director.
Officers—Rules and regulations—Meetings.
Staff.
Duties of commission—State agencies to give assistance.
Promotion of equal opportunity and benefits.
Hearings—Information to be furnished to commission.
43.117.020 Definitions. As used in this chapter unless
the context indicates otherwise:
(1) "Asian Pacific Americans" include persons of Japanese, Chinese, Filipino, Korean, Samoan, Guamanian, Thai,
Vietnamese, Cambodian, Laotian, and other South East
Asian, South Asian, and Pacific Island ancestry.
(2) "Commission" means the Washington state commission on Asian Pacific American affairs in the office of the
governor. [1995 c 67 § 3; 1974 ex.s. c 140 § 2.]
43.117.030
43.117.030 Commission established. There is established a Washington state commission on Asian Pacific
American affairs in the office of the governor. The now existing Asian-American advisory council shall become the commission upon enactment of this chapter. The council may
transfer all office equipment, including files and records to
the commission. [1995 c 67 § 4; 1974 ex.s. c 140 § 3.]
43.117.040
43.117.040 Membership—Terms—Vacancies—
Travel expenses—Quorum—Executive director. (1) The
commission shall consist of twelve members appointed by
the governor. In making such appointments, the governor
shall give due consideration to recommendations submitted
to him by the commission. The governor may also consider
nominations of members made by the various Asian-American organizations in the state. The governor shall consider
nominations for membership based upon maintaining a balanced distribution of Asian-ethnic, geographic, sex, age, and
occupational representation, where practicable.
[Title 43 RCW—page 493]
43.117.050
Title 43 RCW: State Government—Executive
(2) Appointments shall be for three years except in case
of a vacancy, in which event appointment shall be only for
the remainder of the unexpired term for which the vacancy
occurs. Vacancies shall be filled in the same manner as the
original appointments.
(3) Members shall receive reimbursement for travel
expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060 as now existing or
hereafter amended.
(4) Seven members shall constitute a quorum for the purpose of conducting business.
(5) The governor shall appoint an executive director
based upon recommendations made by the council. [1982 c
68 § 1; 1981 c 338 § 16; 1975-'76 2nd ex.s. c 34 § 131; 1974
ex.s. c 140 § 4.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
43.117.050
43.117.050 Officers—Rules and regulations—Meetings. The commission shall:
(1) Elect one of its members to serve as chairman; and
also such other officers as necessary to form an executive
committee;
(2) Adopt rules and regulations pursuant to chapter 34.05
RCW;
(3) Meet at the call of the chairman or the call of a majority of its members, but in no case less often than once during
any three month period;
(4) Be authorized to appoint such citizen task force as it
deems appropriate. [1974 ex.s. c 140 § 5.]
43.117.080
43.117.080 Promotion of equal opportunity and benefits. In carrying out its duties, the commission may establish
such relationships with local governments and private industry as may be needed to promote equal opportunity and benefits to Asian Pacific Americans in government, education,
economic development, employment, and services. [1995 c
67 § 6; 1974 ex.s. c 140 § 8.]
43.117.090
43.117.090 Hearings—Information to be furnished
to commission. (1) The commission may for the purpose of
carrying out the purposes of this chapter hold such public
hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the commission may
deem advisable. The commission may administer oaths or
affirmations to witnesses appearing before it. At least five
members of the commission must be present to conduct a
hearing.
(2) The commission may secure directly from any
department or agency of the state information necessary to
enable it to carry out the purposes of this chapter. Upon
request of the chairman of the commission, the head of such
department or agency shall furnish such information to the
commission. [1974 ex.s. c 140 § 9.]
43.117.100
43.117.100 Gifts, grants and endowments—Receipt
and expenditure. The commission shall have authority to
receive such gifts, grants, and endowments from public or
private sources as may be made from time to time in trust or
otherwise for the use and benefit of the purposes of the commission and to expend the same or any income therefrom
according to the terms of said gifts, grants, or endowments.
[1974 ex.s. c 140 § 10.]
43.117.060
43.117.060 Staff. The executive director shall employ a
staff who shall be state employees pursuant to Title 41 RCW
and prescribe their duties as may be necessary to implement
the purposes of this chapter. [1974 ex.s. c 140 § 6.]
43.117.070
43.117.070 Duties of commission—State agencies to
give assistance. (1) The commission shall examine and
define issues pertaining to the rights and needs of Asian
Pacific Americans, and make recommendations to the governor and state agencies with respect to desirable changes in
program and law.
(2) The commission shall advise such state government
agencies on the development and implementation of comprehensive and coordinated policies, plans, and programs focusing on the special problems and needs of Asian Pacific Americans.
(3) The commission shall coordinate and assist with
statewide celebrations during the fourth week of Asian
Pacific American Heritage Month that recognize the contributions to the state by Asian Pacific Americans in the arts,
sciences, commerce, and education.
(4) Each state department and agency shall provide
appropriate and reasonable assistance to the commission as
needed in order that the commission may carry out the purposes of this chapter. [2000 c 236 § 3; 1995 c 67 § 5; 1974
ex.s. c 140 § 7.]
Effective date—2000 c 236: See note following RCW 43.117.010.
[Title 43 RCW—page 494]
43.117.110
43.117.110 Asian Pacific American heritage month.
The legislature declares that:
(1) May of each year will be known as Asian Pacific
American heritage month;
(2) The fourth week of May is designated as a time for
people of this state to celebrate the contributions to the state
by Asian Pacific Americans in the arts, sciences, commerce,
and education; and
(3) Educational institutions, public entities, and private
organizations are encouraged to designate time for appropriate activities in commemoration of the lives, history, achievements, and contributions of Asian Pacific Americans. [2000
c 236 § 2.]
Effective date—2000 c 236: See note following RCW 43.117.010.
43.117.900
43.117.900 Severability—1974 ex.s. c 140. If any provision of this 1974 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1974 ex.s. c 140 § 11.]
Chapter 43.121 RCW
COUNCIL FOR THE PREVENTION OF CHILD
ABUSE AND NEGLECT
Chapter 43.121
Sections
43.121.010
Legislative declaration, intent.
(2004 Ed.)
Council for the Prevention of Child Abuse and Neglect
43.121.015
43.121.020
43.121.030
43.121.040
43.121.050
43.121.060
43.121.070
43.121.080
43.121.100
43.121.110
43.121.120
43.121.130
43.121.140
43.121.150
43.121.910
Definitions.
Council established—Members, chairperson—Appointment,
qualifications, terms, vacancies.
Compensation and travel expenses of members.
Executive director, salary—Staff.
Council powers and duties—Generally—Rules.
Contracts for services—Scope of programs—Funding.
Contracts for services—Factors in awarding.
Contracts for services—Partial funding by administering organization, what constitutes.
Contributions, grants, gifts—Depository for and disbursement
and expenditure control of moneys received—Children's
trust fund.
Parenting skills—Legislative findings.
Community-based early parenting skills programs—Funding.
Decreased state funding of parenting skills programs—Evaluation.
Shaken baby syndrome—Outreach campaign.
Juvenile crime—Legislative findings.
Severability—1982 c 4.
43.121.010
43.121.010 Legislative declaration, intent. The legislature recognizes that child abuse and neglect is a threat to the
family unit and imposes major expenses on society. The legislature further declares that there is a need to assist private
and public agencies in identifying and establishing community based educational and service programs for the prevention of child abuse and neglect. It is the intent of the legislature that an increase in prevention programs will help reduce
the breakdown in families and thus reduce the need for state
intervention and state expense. It is further the intent of the
legislature that prevention of child abuse and child neglect
programs are partnerships between communities, citizens,
and the state. [1982 c 4 § 1.]
43.121.015
43.121.015 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Child" means an unmarried person who is under
eighteen years of age.
(2) "Council" means the Washington council for the prevention of child abuse and neglect.
(3) "Primary prevention" of child abuse and neglect
means any effort designed to inhibit or preclude the initial
occurrence of child abuse and neglect, both by the promotion
of positive parenting and family interaction, and the remediation of factors linked to causes of child maltreatment.
(4) "Secondary prevention" means services and programs that identify and assist families under such stress that
abuse or neglect is likely or families display symptoms associated with child abuse or neglect. [1988 c 278 § 4; 1987 c
351 § 2.]
Legislative findings—1987 c 351: See note following RCW
70.58.085.
43.121.020
43.121.020 Council established—Members, chairperson—Appointment, qualifications, terms, vacancies.
(1) There is established in the executive office of the governor a Washington council for the prevention of child abuse
and neglect subject to the jurisdiction of the governor.
(2) The council shall be composed of the chairperson and
thirteen other members as follows:
(a) The chairperson and six other members shall be
appointed by the governor and shall be selected for their
interest and expertise in the prevention of child abuse. A minimum of four designees by the governor shall not be affiliated
(2004 Ed.)
43.121.050
with governmental agencies. The appointments shall be made
on a geographic basis to assure statewide representation.
Members appointed by the governor shall serve for threeyear terms. Vacancies shall be filled for any unexpired term
by appointment in the same manner as the original appointments were made.
(b) The secretary of social and health services or the secretary's designee, the superintendent of public instruction or
the superintendent's designee, and the secretary of the department of health or the secretary's designee shall serve as voting members of the council.
(c) In addition to the members of the council, four members of the legislature shall serve as nonvoting, ex officio
members of the council, one from each political caucus of the
house of representatives to be appointed by the speaker of the
house of representatives and one from each political caucus
of the senate to be appointed by the president of the senate.
[1996 c 10 § 1; 1994 c 48 § 1; 1989 c 304 § 4; 1987 c 351 §
3; 1984 c 261 § 1; 1982 c 4 § 2.]
Legislative findings—1987 c 351: See note following RCW
70.58.085.
Severability—1984 c 261: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 261 § 8.]
43.121.030
43.121.030 Compensation and travel expenses of
members. Council members shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for
travel expenses as provided in RCW 43.03.050 and
43.03.060. Attendance at meetings of the council shall be
deemed performance by a member of the duties of a member's employment. [1984 c 287 § 87; 1982 c 4 § 3.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
43.121.040
43.121.040 Executive director, salary—Staff. The
governor may employ an executive director who shall be
exempt from the provisions of chapter 41.06 RCW, and such
other staff as are necessary to carry out the purposes of this
chapter. The salary of the executive director shall be fixed by
the governor pursuant to RCW 43.03.040. [1982 c 4 § 4.]
43.121.050
43.121.050 Council powers and duties—Generally—
Rules. To carry out the purposes of this chapter, the council
may:
(1) Contract with public or private nonprofit organizations, agencies, schools, or with qualified individuals for the
establishment of community-based educational and service
programs designed to:
(a) Reduce the occurrence of child abuse and neglect;
and
(b) Provide for parenting skills which include: Consistency in parenting; providing children with positive discipline that provides firm order without hurting children physically or emotionally; and preserving and nurturing the family unit. Programs to provide these parenting skills may
include the following:
(i) Programs to teach positive methods of disciplining
children;
[Title 43 RCW—page 495]
43.121.060
Title 43 RCW: State Government—Executive
(ii) Programs to educate parents about the physical, mental, and emotional development of children;
(iii) Programs to enhance the skills of parents in providing for their children's learning and development; and
(iv) Learning experiences for children and parents to
help prepare parents and children for the experiences in
school. Contracts also may be awarded for research programs
related to primary and secondary prevention of child abuse
and neglect, and to develop and strengthen community child
abuse and neglect prevention networks. Each contract
entered into by the council shall contain a provision for the
evaluation of services provided under the contract. Contracts
for services to prevent child abuse and child neglect shall be
awarded as demonstration projects with continuation based
upon goal attainment. Contracts for services to prevent child
abuse and child neglect shall be awarded on the basis of probability of success based in part upon sound research data.
(2) Facilitate the exchange of information between
groups concerned with families and children.
(3) Consult with applicable state agencies, commissions,
and boards to help determine the probable effectiveness, fiscal soundness, and need for proposed educational and service
programs for the prevention of child abuse and neglect.
(4) Establish fee schedules to provide for the recipients
of services to reimburse the state general fund for the cost of
services received.
(5) Adopt its own bylaws.
(6) Adopt rules under chapter 34.05 RCW as necessary
to carry out the purposes of this chapter. [1988 c 278 § 5;
1987 c 351 § 4; 1982 c 4 § 5.]
43.121.080
43.121.080 Contracts for services—Partial funding
by administering organization, what constitutes. Twentyfive percent of the funding for programs under this chapter
shall be provided by the organization administering the program. Contributions of materials, supplies, or physical facilities may be considered as all or part of the funding provided
by the organization. [1982 c 4 § 8.]
43.121.100
43.121.100 Contributions, grants, gifts—Depository
for and disbursement and expenditure control of moneys
received—Children's trust fund. The council may accept
contributions, grants, or gifts in cash or otherwise, including
funds generated by the sale of "heirloom" birth certificates
under chapter 70.58 RCW from persons, associations, or corporations. All moneys received by the council or any
employee thereof from contributions, grants, or gifts and not
through appropriation by the legislature shall be deposited in
a depository approved by the state treasurer to be known as
the children's trust fund. Disbursements of such funds shall
be on the authorization of the council or a duly authorized
representative thereof and only for the purposes stated in
RCW 43.121.050. In order to maintain an effective expenditure and revenue control, such funds shall be subject in all
respects to chapter 43.88 RCW, but no appropriation shall be
required to permit expenditure of such funds. [1987 c 351 §
5; 1984 c 261 § 3; 1982 c 4 § 10.]
Legislative findings—1987 c 351: See note following RCW
70.58.085.
Severability—1984 c 261: See note following RCW 43.121.020.
43.121.110
Legislative findings—1987 c 351: See note following RCW
70.58.085.
43.121.060
43.121.060 Contracts for services—Scope of programs—Funding. Programs contracted for under this chapter are intended to provide primary child abuse and neglect
prevention services. Such programs may include, but are not
limited to:
(1) Community-based educational programs on prenatal
care, perinatal bonding, child development, basic child care,
care of children with special needs, and coping with family
stress; and
(2) Community-based programs relating to crisis care,
aid to parents, child-abuse counseling, support groups for
abusive or potentially abusive parents and their children, and
early identification of families where the potential for child
abuse and neglect exists.
The council shall develop policies to determine whether
programs will be demonstration or will receive continuous
funding. Nothing in this chapter requires continued funding
by the state. [1982 c 4 § 6.]
43.121.070
43.121.070 Contracts for services—Factors in
awarding. In awarding contracts under RCW 43.121.060,
consideration shall be given to factors such as need, diversity
of geographic locations, coordination with or enhancement of
existing services, and the extensive use of volunteers in the
program. Further consideration shall be given to the extent to
which contract proposals are based on prior research that
indicates a probability of goal achievement. [1982 c 4 § 7.]
[Title 43 RCW—page 496]
43.121.110 Parenting skills—Legislative findings.
The legislature believes that parents who have developed
good early parenting skills provide homes where children are
treated with dignity and respect and where closeness and trust
among family members provide children with the basis for a
productive adult life. The legislature also believes that children raised in this positive atmosphere will develop self
esteem and are unlikely to become dependent upon the social
service system or to be involved in the criminal justice system. The legislature further believes that teaching parents
good early parenting skills can help eliminate physical and
emotional abuse of children. [1988 c 278 § 1.]
43.121.120
43.121.120 Community-based early parenting skills
programs—Funding. (1) In order to increase the knowledge of early parenting skills of parents in Washington state,
voluntary community based programs on early parenting
skills shall be established. The council shall fund, within
available funds, and monitor community-based early parenting skills programs in at least three geographically balanced
areas around the state. Successful programs which the council and the national center on child abuse and neglect have
funded or currently fund, may be used as models for the
projects.
(2) The early parenting education program shall be
designed to serve families with children ranging from infants
through three years old and also to serve expectant parents.
The projects may include the following:
(a) Education for parents about the physical, mental, and
emotional development of children;
(2004 Ed.)
Geographic Names
(b) Programs to enhance the skills of parents in providing for learning and development of their children;
(c) Shared learning experiences for children and parents;
(d) Activities designed to screen for children's physical,
mental, emotional, or behavioral problems that may cause
learning problems;
(e) Resources for educational materials which may be
borrowed for home use;
(f) Information on related community resources;
(g) Group support which may include counseling for parents under stress;
(h) Emphasis to encourage participation by fathers; or
(i) Other programs or activities consistent with this chapter.
(3) The programs shall be reviewed periodically to provide that the instruction and materials are not racially, culturally, or sexually biased.
(4) The services provided by the projects shall be coordinated with schools and social services provided in the community to avoid duplication of services.
(5) A sliding fee scale shall be utilized at the discretion
of the council. [1988 c 278 § 2.]
43.121.130
43.121.130 Decreased state funding of parenting
skills programs—Evaluation. (1) Funding shall be provided, as funds are available, in decreasing amounts over a
two-year period, with the goal of having the programs
become supported by local communities at the end of a twoyear period. State funding may be continued in areas where
local funding would be difficult to obtain due to local economic conditions to the extent funding is made available to
the council.
(2) The council shall work with the projects in the program to evaluate the results of the projects. The council shall
make recommendations on these projects and the program. A
project agreeing to develop an evaluation component shall be
considered for a three-year funding schedule. [1998 c 245 §
48; 1988 c 278 § 3.]
Vigorous shaking of an infant can result in bleeding inside the head,
causing irreversible brain damage, blindness, cerebral palsy, hearing loss,
spinal cord injury, seizures, learning disabilities, or death. Many healthy,
intelligent infants suffer from shaken baby syndrome because their caregivers were unaware of the dangers. The damage is preventable through education and awareness." [1993 c 107 § 1.]
43.121.150
43.121.150 Juvenile crime—Legislative findings.
The legislature of the state of Washington finds that community deterioration and family disintegration are increasing
problems in our state. One clear indicator of this damage is
juvenile crime and violence. The legislature further finds that
prevention is one of the best methods of fighting juvenile
crime. Building more facilities to house juvenile offenders
can be at best only one part of any solution. Any increased
spending on confining juvenile offenders must be closely
linked to existing efforts to prevent juvenile crime. [1997 c
338 § 56.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
43.121.910 Severability—1982 c 4. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 4 § 15.]
43.121.910
Chapter 43.126
Finding—1993 c 107: "The legislature finds that shaken baby syndrome is a medically serious, sometimes fatal, usually unintentional matter
affecting newborns and very young children.
(2004 Ed.)
Chapter 43.126 RCW
GEOGRAPHIC NAMES
Sections
43.126.015
43.126.025
43.126.035
43.126.045
43.126.055
43.126.065
43.126.075
43.126.085
43.121.140
43.121.140 Shaken baby syndrome—Outreach campaign. The council shall conduct a proactive, public information and communication outreach campaign regarding the
dangers of shaking infants and young children, and the causes
and prevention of shaken baby syndrome.
The public information campaign shall include production and distribution of a readily understandable brochure
regarding shaken baby syndrome, explaining its medical
effects upon infants and emphasizing preventive measures.
The brochure shall be distributed free of charge to the
parents or guardians of each newborn, upon discharge from a
hospital or other health facility. In the event of home birth
attended by a licensed midwife, the midwife shall be responsible for presenting the brochure to the parents of the newborn.
The public information campaign may, within available
funds, also include communication by electronic media, telephone hotlines, and existing parenting education events
funded by the council. [1993 c 107 § 2.]
43.126.025
Purposes.
State board on geographic names created—Membership—
Chairman.
Powers and duties.
Policies—Criteria.
Adoption of names—Procedure—Effect.
Meetings—Rules—Publication of adopted names.
Compensation and travel expenses of members.
Naming geographic features without board approval prohibited.
43.126.015
43.126.015 Purposes. The purposes of this chapter are:
To establish a procedure for the retention and formal recognition of existing geographical names; to standardize the procedures for naming or renaming geographical features within
the state of Washington; to identify one body as the responsible agency to coordinate this important activity between
local, state, and federal agencies; to identify the responsible
agency for the purpose of serving the public interest; to avoid
the duplication of names for similar features whenever possible; and as far as possible, to retain the significance, spelling,
and color of names associated with the early history of Washington. [1983 c 273 § 1.]
43.126.025
43.126.025 State board on geographic names created—Membership—Chairman. There is hereby created a
Washington state board on geographic names composed of:
(1) The state librarian or a representative;
(2) The commissioner of public lands or a representative;
(3) The chairperson of the Washington state heritage
council created by 1983 law; and
[Title 43 RCW—page 497]
43.126.035
Title 43 RCW: State Government—Executive
(4) Four members from the general public to be
appointed by the commissioner of public lands.
The commissioner of public lands or his or her representative shall be chairman of the board.
The members of the initial board to be appointed by the
commissioner shall be appointed as follows: One member
for a one-year term, one member for a two-year term, one
member for a three-year term, and one member for a fouryear term. Thereafter, each member shall be appointed for a
three-year term. Each member of the board shall continue in
office until a successor is appointed. [1983 c 273 § 2.]
43.126.035
43.126.035 Powers and duties. It shall be the duty of
the Washington state board on geographic names and it shall
have the power and authority to:
(1) Establish the official names for the lakes, mountains,
streams, places, towns, and other geographic features within
the state and the spellings thereof except when a name is
specified by law. For the purposes of this subsection geographic features do not include man-made features or administrative areas such as parks, game reserves, and dams, but
shall include man-made lakes;
(2) Assign names to lakes, mountains, streams, places,
towns, and other geographic features in the state for which no
single generally accepted name has been in use;
(3) Cooperate with county commissioners, state departments, and agencies, and with the United States board on
geographic names to establish, change and/or determine the
appropriate names of the lakes, mountains, streams, places,
towns, and other geographic features for the purpose of eliminating, as far as possible, duplication of place names within
the state;
(4) Serve as a state of Washington liaison with the
United States board on geographic names;
(5) Periodically issue a list of names approved by the
board. [1983 c 273 § 3.]
43.126.065
43.126.065 Meetings—Rules—Publication of
adopted names. (1) The board shall hold at least two meetings each year, and shall hold special meetings as called by
the chairman or a majority of the board.
(2) All meetings shall be open to the public.
(3) Notice of all board meetings shall be as provided in
RCW 42.30.080. This notice includes those names to be considered by the board and those names to be adopted by the
board.
(4) Four board members shall constitute a quorum.
(5) The board shall establish rules for the conduct of its
affairs and to carry out the purposes of this chapter.
(6) The department of natural resources shall furnish secretarial and administrative services and shall serve as custodian of the records.
(7) All geographic names adopted by the board shall be
published in the Washington State Register. [1983 c 273 §
6.]
43.126.075
43.126.075 Compensation and travel expenses of
members. Members of the board who are not otherwise public employees shall be compensated in accordance with RCW
43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060, which shall be paid
by the agency that each member represents and, for the four
members of the general public, by the department of natural
resources. [1984 c 287 § 88; 1983 c 273 § 7.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
43.126.085
43.126.085 Naming geographic features without
board approval prohibited. A person shall not, in any
advertisement or publication, attempt to change local usage
or name unnamed geographic features without first obtaining
approval of the board. [1983 c 273 § 8.]
Chapter 43.130
43.126.045
43.126.045 Policies—Criteria. The board is authorized
to establish policies to carry out the purposes of this chapter.
In determining the names and spelling of geographic place
names within the state of Washington, the board's decisions
shall be made only after a careful consideration of all available information relating to such names, including the recommendations of the United States board on geographic names,
with which the board shall cooperate. [1983 c 273 § 4.]
Chapter 43.130 RCW
ECONOMIC IMPACT ACT—CLOSING
OF STATE FACILITIES
Sections
43.130.010
43.130.020
43.130.030
43.130.040
43.130.050
43.130.060
43.130.900
43.130.910
Purpose.
Definitions.
Excluded employment and employees.
Benefits.
Eligibility—Conditions.
Reimbursement of public employees' retirement system.
Severability—1973 2nd ex.s. c 37.
Emergency—Operative dates—Termination of benefits.
43.126.055
43.126.055 Adoption of names—Procedure—Effect.
Adoption of names by the board shall take place only after
consideration at a previous meeting. All board determinations shall be filed with the code reviser and shall be compiled and indexed in the same manner as agency rules under
RCW 34.05.210. Determinations by the board shall not be
considered a rule under RCW 34.05.010. Whenever the state
board on geographic names has given a name to any lake,
stream, place, or other geographic feature within the state,
that name shall be used in all maps, records, documents, and
other publications issued by the state or any of its departments and political subdivisions, and that name shall be the
official name of the geographic feature. [1983 c 273 § 5.]
[Title 43 RCW—page 498]
43.130.010
43.130.010 Purpose. When either for fiscal reasons,
obsolescence or other extraordinary reasons, it becomes necessary to close a state facility, as defined by RCW
43.130.020(2), the state has a responsibility to provide certain
benefits to affected employees.
It is the purpose of this chapter to establish an economic
impact act for the state of Washington to meet the emergency
situation now in existence for state employees affected by the
closure of state facilities, as defined in RCW 43.130.020.
[1973 2nd ex.s. c 37 § 1.]
43.130.020
43.130.020 Definitions. For purposes of this chapter:
(2004 Ed.)
Economic Impact Act—Closing of State Facilities
(1) "Employees" includes those persons performing services for the state on a salaried or hourly basis including, but
not limited to, persons in "classified service" as defined in
RCW 41.06.020(3) and those persons defined as exempt
from the state civil service laws pursuant to RCW 41.06.070.
(2) The term "closure of a state facility" means the termination of services being provided by a facility operated by the
department of social and health services or in conjunction
with the department of natural resources, when such facility
is terminated for fiscal reasons, obsolescence, or other
extraordinary reasons.
(3) "Classified employees" means those employees performing classified service as defined in RCW 41.06.020(3).
[1973 2nd ex.s. c 37 § 2.]
43.130.030
43.130.030 Excluded employment and employees.
Excluded employment and excluded employees under this
chapter include, but are not limited to, the following:
(1) State employment related to a single project under a
program separately financed by a grant of nonstate funds,
federal funds or state funds, or by a combination of such
funding, which is designed to provide training or employment opportunities, expertise or additional manpower related
to the project or which, because of the nature of the project
funding requirements, is not intended as a permanent program.
(2) Activities at least seventy-five percent federally
funded by a categorical grant for a specific purpose and any
other activities terminated because of actions taken by the
federal government or other funding sources other than the
state of Washington in eliminating or substantially limiting
funding sources, except to the extent that the federal government or such other funding sources may permit the use of
nonstate funds to pay for any employee benefits authorized
pursuant to this chapter.
(3) The following categories of employees are excluded
from benefits under this chapter:
(a) employees refusing transfer to vacant positions in the
same or a like job classification and at not more than one full
range lower than the same salary range;
(b) classified employees having other than permanent
status in the classified service;
(c) employees having less than three years' consecutive
state service as an employee, except that such employees
shall nonetheless be eligible for the benefits provided in subsections (1), (2), (4) and (5) of RCW 43.130.040.
(d) nothing in this chapter shall affect any other rights
currently held by classified employees regarding reduction in
force procedures and subsequent reemployment. [1973 2nd
ex.s. c 37 § 3.]
43.130.040
43.130.040 Benefits. In order to carry out the purposes
of this chapter, the state shall take every reasonable step at its
disposal to provide alternative employment and to minimize
the economic loss of state employees affected by the closure
of state facilities. Affected state employees shall be paid benefits as specified in this section.
(1) Relocation expenses covering the movement of
household goods, incurred by the necessity of an employee
moving his domicile to be within reasonable commuting dis(2004 Ed.)
43.130.040
tance of a new job site, shall be paid by the state to employees
transferring to other state employment by reason of the closure of a facility.
(2) Relocation leave shall be allowed up to five working
days' leave with pay for the purpose of locating new residence in the area of employment.
(3) The state shall reimburse the transferring employee
to the extent of any unavoidable financial loss suffered by an
employee who sells his home at a price less than the true and
fair market value as determined by the county assessor not
exceeding three thousand dollars: PROVIDED, That this
right of reimbursement must be exercised, and sale of the
property must be accomplished, within a period of two years
from the date other state employment is accepted.
(4) For employees in facilities which have been terminated who do not choose to participate in the transfer program set forth in the preceding subsections, the following terminal pay plan shall be available:
(a) For qualifying employees, for each one year of continuous state service, one week (five working days) of regular
compensation shall be provided.
(b) Regular compensation as used in subsection (a)
hereof shall include salary compensation at the rate being
paid to the employees at the time operation of the facility is
terminated.
(c) Terminal pay as set forth in subsections (a) and (b)
hereof shall be paid to the employee at the termination of the
employees last month of employment or within thirty days
after *the effective date of this 1973 act, whichever is later:
PROVIDED, That from the total amount of terminal pay, the
average sum of unemployment compensation that the qualifying employee is eligible to receive multiplied by the total
number of weeks of terminal pay minus one week shall be
deducted.
(d) Those employees electing the early retirement benefits as stated in subsection (5) of this section shall not be eligible for the terminal pay provisions as set forth in this subsection.
(e) Those employees who are reemployed by the state
during the period they are receiving terminal pay pursuant to
subsections (a), (b) and (c) of this section shall reimburse the
state for that portion of the terminal pay covered by the
period of new employment.
(5) As an option to transferring to other state employment an employee may elect early retirement under the following conditions:
(a) Notwithstanding the age requirements of RCW
41.40.180, any affected employee under this chapter who has
attained the age of fifty-five years, with at least five years
creditable service, shall be immediately eligible to retire,
with no actuarial reduction in the amount of his pension benefit.
(b) Notwithstanding the age requirements of RCW
41.40.180, any affected employee under this chapter who has
attained the age of forty-five years, with at least five years
creditable service, shall be immediately eligible to retire with
an actuarial reduction in the amount of his pension benefit of
three percent for each complete year that such employee is
under fifty-five years of age.
[Title 43 RCW—page 499]
43.130.050
Title 43 RCW: State Government—Executive
(c) Employees who elect to retire pursuant to RCW
41.40.180 shall be eligible to retire while on authorized leave
of absence not in excess of one hundred and twenty days.
(d) Employees who elect to retire under the provisions of
this section shall not be eligible for any retirement benefit in
a year following a year in which their employment income
was in excess of six thousand dollars. This six thousand dollars base shall be adjusted annually beginning in 1974 by
such cost of living adjustments as are applied by the public
employees' retirement system to membership retirement benefits. The public employees retirement system board shall
adopt necessary rules and regulations to implement the provisions of this subsection. [1973 2nd ex.s. c 37 § 4.]
*Reviser's note: The effective date of 1973 2nd ex.s. c 37 was September 26, 1973.
Public employees' retirement system: Chapter 41.40 RCW.
Termination date of benefits under subsection (3) of this section: RCW
43.130.910.
43.130.050 Eligibility—Conditions. (1) Notwithstanding any other provision of this chapter employees affected by
th e cl o su r e o f a s tat e f aci lity a s d ef i ned i n RC W
43.130.020(2) who were employed as of May 1, 1973 at such
facility, and who are still in employment of the state or on an
official leave of absence as of September 26, 1973, who
would otherwise qualify for the enumerated benefits of this
chapter are hereby declared eligible for such benefits under
the following conditions:
(a) such employee must be actively employed by the
state of Washington or on an official leave of absence on September 26, 1973, and unless the early retirement or terminal
pay provisions of this chapter are elected, continue to be
employed or to be available for employment in a same or like
job classification at not less than one full range lower than the
same salary range for a period of at least thirty days thereafter;
(b) such employee must give written notice of his election to avail himself of such benefits within thirty days after
the *passage of this 1973 act or upon closure of the institution, whichever is later. [1973 2nd ex.s. c 37 § 5.]
43.130.050
*Reviser's note: The effective date of 1973 2nd ex.s. c 37 was September 26, 1973, due to the emergency clause contained in section 9, codified as
RCW 43.130.910.
1973 2nd ex.s. c 37 (Engrossed Substitute Senate Bill No. 2603) passed
the Senate September 14, 1973, passed the House September 13, 1973, and
was approved by the governor September 26, 1973.
Employees to whom chapter is operative: RCW 43.130.910.
43.130.060 Reimbursement of public employees'
retirement system. In order to reimburse the public employees' retirement system for any increased costs occasioned by
the provisions of this chapter which affect the retirement system, the *public employees' retirement board shall, within
thirty days of the date upon which any affected employee
elects to take advantage of the retirement provisions of this
chapter, determine the increased present and future cost to the
retirement system of such employee's election. Upon the
determination of the amount necessary to offset said
increased cost, the *retirement board shall bill the department
of personnel for the amount of the increased cost: PROVIDED, That such billing shall not exceed eight hundred
sixty-one thousand dollars. Such billing shall be paid by the
43.130.060
[Title 43 RCW—page 500]
department as, and the same shall be, a proper charge against
any moneys available or appropriated to the department for
this purpose. [1973 2nd ex.s. c 37 § 6.]
*Reviser's note: Powers, duties, and functions of the Washington public employees' retirement board were transferred to the director of retirement
systems by RCW 41.40.022, which has been decodified. See Table of Disposition of Former RCW Sections, Volume 0.
43.130.900 Severability—1973 2nd ex.s. c 37. If any
provision of this 1973 act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1973 2nd ex.s. c 37 § 8.]
43.130.900
43.130.910 Emergency—Operative dates—Termination of benefits. This 1973 act is necessary for the immediate preservation of the public peace, health and safety, the
support of state government and its existing public institutions and shall take effect immediately: PROVIDED HOWEVER, That each of the provisions of this 1973 act shall be
operative and in effect only for employees of those state facilities closed after May 1, 1973 and prior to September 14,
1974: PROVIDED FURTHER, That benefits under section
4(3) of this 1973 act shall be available until September 14,
1975. [1973 2nd ex.s. c 37 § 9.]
43.130.910
Chapter 43.131
Chapter 43.131 RCW
WASHINGTON SUNSET ACT OF 1977
Sections
GENERAL PROVISIONS
43.131.010
43.131.020
43.131.030
43.131.040
43.131.051
43.131.061
43.131.071
43.131.090
43.131.100
43.131.110
43.131.130
43.131.150
Short title.
Findings.
Definitions.
Reestablishment of entity scheduled for termination—Review.
Program and fiscal review—Reports.
Sunset termination and review—Performance measures—
Minimum period for sunset termination.
Scope of review—Recommendations to the legislature.
Termination of entity—Procedures—Employee transfers—
Property disposition—Funds and moneys—Rules—Contracts.
Termination of entity—Pending business—Savings.
Committees—Reference to include successor.
Legislature—Powers unaffected by enactment of chapter.
Termination of entities—Review under Sunset Act.
ENTITIES SCHEDULED FOR SUNSET
43.131.341
43.131.342
43.131.381
43.131.382
43.131.389
43.131.390
43.131.393
43.131.394
43.131.397
43.131.398
43.131.400
43.131.401
43.131.402
43.131.403
43.131.404
43.131.900
43.131.901
43.131.910
43.131.911
Washington state commission on Hispanic affairs—Termination.
Washington state commission on Hispanic affairs—Repeal.
Linked deposit program—Termination.
Linked deposit program—Repeal.
Office of public defense—Termination.
Office of public defense—Repeal.
Underground storage tank program—Termination.
Underground storage tank program—Repeal.
Intermediate driver's license program—Review.
Intermediate driver's license program—Repeal.
Program review—Rangeland damage.
Office of regulatory assistance—Termination.
Office of regulatory assistance—Repeal.
Prescription drug discount program—Termination.
Prescription drug discount program—Repeal.
Expiration of RCW 43.131.010 through 43.131.150—Exception.
Severability—1977 ex.s. c 289.
Severability—1979 c 99.
Severability—2000 c 189.
Termination of tax preferences: Chapter 43.136 RCW.
(2004 Ed.)
Washington Sunset Act of 1977
GENERAL PROVISIONS
43.131.010
43.131.010 Short title. (Expires June 30, 2015.) This
chapter may be known and cited as the Washington Sunset
Act. [1990 c 297 § 1; 1977 ex.s. c 289 § 1.]
43.131.020
43.131.020 Findings. (Expires June 30, 2015.) The
state legislature finds that state entities may fail to deliver services as effectively and efficiently as is expected by the general public and as originally contemplated by the legislature.
It further finds that state government actions have produced a
substantial increase in numbers of entities, growth of programs, and proliferation of rules, and that the entire process
has evolved without sufficient legislative and executive oversight, regulatory accountability, or a system of checks and
balances. The legislature further finds that by establishing a
system for the termination, continuation, or modification of
state entities, coupled with a system of scheduled review of
such entities, it will be in a better position to: Evaluate the
need for the continued existence of existing and future state
entities; assess the effectiveness and performance of agencies, boards, commissions, and programs; and ensure public
accountability. The legislature recognizes that the executive
branch shares in this duty and responsibility to assure that
state government operates in an efficient, orderly, and
responsive manner. [2000 c 189 § 1; 1977 ex.s. c 289 § 2.]
43.131.030
43.131.030 Definitions. (Expires June 30, 2015.) As
used in this chapter the following words and phrases shall
have the following meanings unless the context clearly
requires otherwise.
(1) "Entity" includes every state office, department,
board, commission, unit or subunit, and agency of the state,
and where provided by law, programs and activities involving less than the full responsibility of a state agency. "Entity"
also includes any part of the Revised Code of Washington
scheduled for repeal, expiration, or program termination.
(2) "Person" includes every natural person, firm, partnership, corporation, association, or organization. [2000 c 189 §
2; 1983 1st ex.s. c 27 § 1; 1977 ex.s. c 289 § 3.]
43.131.071
joint legislative audit and review committee shall transmit
copies of the report to the office of financial management and
any affected entity. The final report shall include the
response, if any, of the affected entity and the office of financial management in the same manner as set forth in RCW
44.28.088, except the affected entity and the office of financial management shall have sixty days to respond to the
report. The joint legislative audit and review committee shall
transmit the final report to the legislature, to the state entity
affected, to the governor, and to the state library. [2000 c 189
§ 4.]
43.131.061
43.131.061 Sunset termination and review—Performance measures—Minimum period for sunset termination. (Expires June 30, 2015.) (1) Any entity may be scheduled for sunset termination and review under this chapter by
law.
(2) An entity scheduled for sunset termination shall
establish performance measures, as required under subsection (3) of this section, and must be evaluated, in part, in
terms of the results. The entity has the burden of demonstrating the extent to which performance results have been
achieved. The sunset termination legislation shall name a
lead entity, if more than one entity is impacted by scheduled
termination. The affected entity or lead entity has the responsibility for developing and implementing a data collection
plan and submitting the resulting performance information to
the joint legislative audit and review committee.
(3) An entity shall develop performance measures and a
data collection plan and submit them for review and comment to the joint legislative audit and review committee
within one year of the effective date of the legislation establishing the sunset termination.
(4) Unless specified otherwise, sunset terminations
under this chapter shall be a minimum of seven years. The
joint legislative audit and review committee shall complete
its review in the year prior to the date of termination. [2000
c 189 § 5.]
43.131.071
43.131.040
43.131.040 Reestablishment of entity scheduled for
termination—Review. (Expires June 30, 2015.) Any state
entity scheduled for termination by the processes provided in
this chapter may be reestablished by the legislature for a
specified period of time or indefinitely. The legislature may
again review the state entity in a manner consistent with the
provisions of this chapter and reestablish, modify, or consolidate such state entity or allow it to be terminated. [2000 c
189 § 3; 1983 1st ex.s. c 27 § 2; 1977 ex.s. c 289 § 4.]
43.131.051
43.131.051 Program and fiscal review—Reports.
(Expires June 30, 2015.) The joint legislative audit and
review committee shall conduct a program and fiscal review
of any entity scheduled for termination under this chapter.
This program and fiscal review shall be completed and a preliminary report prepared during the calendar year prior to the
date established for termination. These reports shall be prepared in the manner set forth in RCW 44.28.071 and
44.28.075. Upon completion of its preliminary report, the
(2004 Ed.)
43.131.071 Scope of review—Recommendations to
the legislature. (Expires June 30, 2015.) (1) In conducting
the review of an entity, the joint legislative audit and review
committee shall determine the scope and objectives of the
review and consider, but not be limited to, the following factors, if applicable:
(a) The extent to which the entity has complied with legislative intent;
(b) The extent to which the entity is operating in an efficient and economical manner which results in optimum performance;
(c) The extent to which the entity is operating in the public interest by controlling costs;
(d) The extent to which the entity duplicates the activities of other entities or of the private sector;
(e) The extent to which the entity is meeting the performance measures developed under RCW 43.131.061; and
(f) The possible impact of the termination or modification of the entity.
[Title 43 RCW—page 501]
43.131.090
Title 43 RCW: State Government—Executive
(2) After completing the review under subsection (1) of
this section, the committee shall make its recommendations
to the legislature. [2000 c 189 § 6.]
43.131.090
43.131.090 Termination of entity—Procedures—
Employee transfers—Property disposition—Funds and
moneys—Rules—Contracts. (Expires June 30, 2015.)
Unless the legislature specifies a shorter period of time, a terminated entity shall continue in existence until June 30th of
the next succeeding year for the purpose of concluding its
affairs: PROVIDED, That the powers and authority of the
entity shall not be reduced or otherwise limited during this
period. Unless otherwise provided:
(1) All employees of terminated entities classified under
chapter 41.06 RCW, the state civil service law, shall be transferred as appropriate or as otherwise provided in the procedures adopted by the director of personnel pursuant to RCW
41.06.150;
(2) All documents and papers, equipment, or other tangible property in the possession of the terminated entity shall be
delivered to the custody of the entity assuming the responsibilities of the terminated entity or if such responsibilities
have been eliminated, documents and papers shall be delivered to the state archivist and equipment or other tangible
property to the department of general administration;
(3) All funds held by, or other moneys due to, the terminated entity shall revert to the fund from which they were
appropriated, or if that fund is abolished to the general fund;
(4) Notwithstanding the provisions of RCW 34.05.020,
all rules made by a terminated entity shall be repealed, without further action by the entity, at the end of the period provided in this section, unless assumed and reaffirmed by the
entity assuming the related legal responsibilities of the terminated entity;
(5) All contractual rights and duties of an entity shall be
assigned or delegated to the entity assuming the responsibilities of the terminated entity, or if there is none to such entity
as the governor shall direct. [2002 c 354 § 230; 2000 c 189 §
7; 1993 c 281 § 54; 1983 1st ex.s. c 27 § 4; 1977 ex.s. c 289
§ 9.]
Expiration date—2002 c 354 § 230: "Section 230 of this act expires
June 30, 2015." [2002 c 354 § 412.]
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date—1993 c 281: See note following RCW 41.06.022.
43.131.100
43.131.100 Termination of entity—Pending business—Savings. (Expires June 30, 2015.) This chapter shall
not affect the right to institute or prosecute any cause of
action by or against an entity terminated pursuant to this
chapter if the cause of action arose prior to the end of the
period provided in RCW 43.131.090. Such causes of action
may be instituted, prosecuted, or defended in the name of the
state of Washington by the office of the attorney general. Any
hearing or other proceeding pending before an entity to be
terminated and not completed before the end of the period
provided in RCW 43.131.090, may be completed by the
entity assuming the responsibilities of the terminated entity.
[2000 c 189 § 8; 1977 ex.s. c 289 § 10.]
[Title 43 RCW—page 502]
43.131.110
43.131.110 Committees—Reference to include successor. (Expires June 30, 2015.) Any reference in this chapter to a committee of the legislature including the joint legislative audit and review committee shall also refer to the successor of that committee. [1996 c 288 § 47; 1977 ex.s. c 289
§ 11.]
43.131.130
43.131.130 Legislature—Powers unaffected by
enactment of chapter. (Expires June 30, 2015.) Nothing in
this chapter or RCW 43.06.010 shall prevent the legislature
from abolishing or modifying an entity scheduled for termination prior to the entity's established termination date or
from abolishing or modifying any other entity. [2000 c 189 §
9; 1977 ex.s. c 289 § 13.]
43.131.150
43.131.150 Termination of entities—Review under
Sunset Act. (Expires June 30, 2015.) The entities scheduled
for termination under this chapter shall be subject to all of the
processes provided in this chapter. [2000 c 189 § 10; 1983
1st ex.s. c 27 § 8; 1979 c 99 § 1.]
ENTITIES SCHEDULED FOR SUNSET
43.131.341
43.131.341 Washington state commission on Hispanic affairs—Termination. The Washington state commission on Hispanic affairs and its powers and duties shall be
terminated on June 30, 2021, as provided in RCW
43.131.342. [1993 c 261 § 5; 1987 c 249 § 8.]
43.131.342
43.131.342 Washington state commission on Hispanic affairs—Repeal. The following acts or parts of acts,
as now existing or hereafter amended, are each repealed,
effective June 30, 2022:
(1) Section 1, chapter 34, Laws of 1971 ex. sess., section
1, chapter 249, Laws of 1987, section 1, chapter 261, Laws of
1993 and RCW 43.115.010;
(2) Section 2, chapter 34, Laws of 1971 ex. sess., section
2, chapter 249, Laws of 1987 and RCW 43.115.020;
(3) Section 3, chapter 34, Laws of 1971 ex. sess., section
130, chapter 34, Laws of 1975-'76 2nd ex. sess., section 15,
chapter 338, Laws of 1981, section 3, chapter 249, Laws of
1987, section 2, chapter 261, Laws of 1993, and RCW
43.115.030;
(4) Section 4, chapter 34, Laws of 1971 ex. sess., section
4, chapter 249, Laws of 1987, section 3, chapter 261, Laws of
1993 and RCW 43.115.040;
(5) Section 6, chapter 34, Laws of 1971 ex. sess., section
6, chapter 249, Laws of 1987 and RCW 43.115.060;
(6) Section 7, chapter 34, Laws of 1971 ex. sess. and
RCW 43.115.900; and
(7) Section 4, chapter 261, Laws of 1993 and RCW
43.115.045. [1993 c 261 § 6; 1987 c 249 § 9.]
43.131.381
43.131.381 Linked deposit program—Termination.
The linked deposit program shall be terminated on June 30,
2008, as provided in RCW 43.131.382. [2002 c 305 § 4;
2001 c 316 § 1; 1994 c 126 § 2; 1993 c 512 § 35.]
Effective date—2001 c 316: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 15, 2001]." [2001 c 316 § 5.]
(2004 Ed.)
Washington Sunset Act of 1977
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.131.382 Linked deposit program—Repeal. The
following acts or parts of acts, as now existing or hereafter
amended, are each repealed, effective June 30, 2009:
(1) RCW 43.86A.060 and 1993 c 512 § 30;
(2) RCW 43.63A.690 and 1993 c 512 § 31;
(3) RCW 43.86A.070 and 1993 c 512 § 34; and
(4) RCW 39.19.240 and 2002 c 305 § 2. [2002 c 305 §
5; 2001 c 316 § 2; 1994 c 126 § 3; 1993 c 512 § 36.]
43.131.382
Effective date—2001 c 316: See note following RCW 43.131.381.
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.131.402
(14) RCW 90.76.901 and 1989 c 346 § 14; and
(15) RCW 90.76.902 and 1989 c 346 § 18. [1998 c 155
§ 8.]
43.131.397 Intermediate driver's license program—
Review. The intermediate driver's license program created
by chapter 115, Laws of 2000 shall be reviewed under this
chapter before June 30, 2008. The department of licensing, in
cooperation with the Washington traffic safety commission,
shall provide the information necessary for the joint legislative audit and review committee to provide the required
review. [2000 c 115 § 12.]
43.131.397
Finding—2000 c 115: See note following RCW 46.20.075.
43.131.398 Intermediate driver's license program—
Repeal. The following acts or parts of acts, as now existing
or hereafter amended, are each repealed, effective June 30,
2009:
(1) 2000 c 115 § 1 (uncodified);
(2) *RCW 42.20.075 and 2000 c 115 § 2;
(3) RCW 46.20.267 and 2000 c 115 § 3;
(4) The amendment of RCW 46.20.105 by 2000 c 115 §
5;
(5) The amendment of RCW 46.20.161 by 2000 c 115 §
6;
(6) The amendment of RCW 46.20.311 by 2000 c 115 §
7;
(7) The amendment of RCW 46.20.342 by 2000 c 115 §
8; and
(8) RCW 28A.220.070 and 2000 c 115 § 11. [2000 c 115
§ 13.]
43.131.398
43.131.389 Office of public defense—Termination.
The office of public defense and its powers and duties shall
be terminated on June 30, 2008, as provided in RCW
43.131.390. [1998 c 108 § 2; 1996 c 221 § 7.]
43.131.389
43.131.390 Office of public defense—Repeal. The
following acts or parts of acts, as now existing or hereafter
amended, are each repealed, effective June 30, 2009:
(1) RCW 2.70.005 and 1996 c 221 § 1;
(2) RCW 2.70.010 and 1996 c 221 § 2;
(3) RCW 2.70.020 and 1996 c 221 § 3;
(4) RCW 2.70.030 and 1996 c 221 § 4; and
(5) RCW 2.70.040 and 1996 c 221 § 5. [1998 c 108 § 3;
1996 c 221 § 8.]
43.131.390
43.131.393 Underground storage tank program—
Termination. The underground storage tank program shall
be terminated on July 1, 2009, as provided in RCW
43.131.394. [1998 c 155 § 7.]
43.131.393
43.131.394 Underground storage tank program—
Repeal. The following acts or parts of acts, as now existing
or hereafter amended, are each repealed, effective July 1,
2010:
(1) RCW 90.76.005 and 1989 c 346 § 1;
(2) RCW 90.76.010 and 1998 c 155 § 1 & 1989 c 346 §
2;
(3) RCW 90.76.020 and 1998 c 155 § 2 & 1989 c 346 §
3;
(4) RCW 90.76.040 and 1998 c 155 § 3 & 1989 c 346 §
5;
(5) RCW 90.76.050 and 1998 c 155 § 4 & 1989 c 346 §
6;
(6) RCW 90.76.060 and 1998 c 155 § 5 & 1989 c 346 §
7;
(7) RCW 90.76.070 and 1989 c 346 § 8;
(8) RCW 90.76.080 and 1995 c 403 § 639 & 1989 c 346
§ 9;
(9) RCW 90.76.090 and 1998 c 155 § 6 & 1989 c 346 §
10;
(10) RCW 90.76.100 and 1991 sp.s. c 13 § 72 & 1989 c
346 § 11;
(11) RCW 90.76.110 and 1991 c 83 § 1 & 1989 c 346 §
12;
(12) RCW 90.76.120 and 1989 c 346 § 13;
(13) RCW 90.76.900 and 1989 c 346 § 15;
*Reviser's note: 2000 c 115 § 2 was actually codified as RCW
46.20.075.
Finding—2000 c 115: See note following RCW 46.20.075.
43.131.394
(2004 Ed.)
43.131.400 Program review—Rangeland damage.
The joint legislative audit and review committee must conduct a program review, as provided in this chapter, of the program to reimburse landowners for damage to rangeland used
for grazing or browsing of domestic livestock caused by deer
and elk, established in sections 1 through 3, chapter 274,
Laws of 2001. The review must be completed by January 1,
2004. [2001 c 274 § 4.]
43.131.400
Effective date—2001 c 274: See note following RCW 77.36.005.
43.131.401 Office of regulatory assistance—Termination. The office of regulatory assistance established in
RCW 43.42.010 and its powers and duties shall be terminated
June 30, 2007, as provided in RCW 43.131.402. [2003 c 71
§ 5; 2002 c 153 § 13.]
43.131.401
Review within existing resources—2002 c 153: "The joint legislative
and audit review committee shall work within its existing resources in conducting the sunset review for the office of permit [regulatory] assistance."
[2002 c 153 § 15.]
43.131.402 Office of regulatory assistance—Repeal.
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2008:
(1) RCW 43.42.005 and 2003 c 71 § 1 & 2002 c 153 § 1;
(2) RCW 43.42.010 and 2003 c 71 § 2 & 2002 c 153 § 2;
(3) RCW 43.42.020 and 2002 c 153 § 3;
43.131.402
[Title 43 RCW—page 503]
43.131.403
Title 43 RCW: State Government—Executive
(4) RCW 43.42.030 and 2003 c 71 § 3 & 2002 c 153 § 4;
(5) RCW 43.42.040 and 2003 c 71 § 4 & 2002 c 153 § 5;
(6) RCW 43.42.050 and 2002 c 153 § 6;
(7) RCW 43.42.060 and 2002 c 153 § 7;
(8) RCW 43.42.070 and 2002 c 153 § 8;
(9) RCW 43.42.905 and 2002 c 153 § 10;
(10) RCW 43.42.900 and 2002 c 153 § 11; and
(11) RCW 43.42.901 and 2002 c 153 § 12. [2003 c 71 §
6; 2002 c 153 § 14.]
43.132.020
43.132.030
43.132.040
43.132.050
43.132.055
43.132.060
43.132.800
43.132.810
43.131.403
43.131.403 Prescription drug discount program—
Termination. The discount program under RCW 41.05.500
shall be terminated June 30, 2010, as provided in RCW
43.131.404. [2003 1st sp.s. c 29 § 12.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
Fiscal notes—Preparation—Contents—Scope—Revisions—
Reports.
Designation of department of community, trade, and economic
development to prepare fiscal notes—Cooperation of state
agencies, legislative staffs, and local government associations.
Fiscal notes—Transmission of copies to designated recipients.
Fiscal notes—Transmission of copies upon request.
Fiscal notes—Expenditures by local government—Fiscal
responsibility.
Legislative action upon or validity of measures not affected.
Fiscal impact on local governments of selected laws enacted
over five-year period—Annual report.
Local government fiscal notes—Fiscal impact of selected laws
on local governments—Biennial report.
Legislative fiscal notes: Chapter 43.88A RCW.
43.132.010
43.132.010 Intent. It is the intent of this chapter to create a uniform and coordinated procedure to determine the fiscal impact of proposed legislation on units of local government. [1977 ex.s. c 19 § 1.]
43.131.404
43.131.404 Prescription drug discount program—
Repeal. RCW 41.05.500, as now existing or hereafter
amended, is repealed effective June 30, 2011. [2003 1st sp.s.
c 29 § 13.]
Finding—Intent—Severability—Conflict with federal requirements—Effective date—2003 1st sp.s. c 29: See notes following RCW
74.09.650.
43.131.900
43.131.900 Expiration of RCW 43.131.010 through
43.131.150—Exception. RCW 43.131.010 through
43.131.150 shall expire on June 30, 2015, unless extended by
law for an additional fixed period of time. [2000 c 189 § 12;
1988 c 17 § 2; 1982 c 223 § 16; 1979 c 22 § 3; 1977 ex.s. c
289 § 16.]
43.131.901
43.131.901 Severability—1977 ex.s. c 289. If any provision of this 1977 amendatory act or the application thereof
to any person or circumstances is held invalid, the invalidity
shall not affect other provisions or applications of the 1977
amendatory act which can be given effect without the invalid
provision or application, and to this end the provisions of this
1977 amendatory act are declared severable. [1977 ex.s. c
289 § 18.]
43.131.910
43.131.910 Severability—1979 c 99. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1979 c 99 § 90.]
43.131.911
43.131.911 Severability—2000 c 189. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2000 c 189 § 13.]
Chapter 43.132 RCW
FISCAL IMPACT OF PROPOSED LEGISLATION ON
POLITICAL SUBDIVISIONS
Chapter 43.132
Sections
43.132.010
Intent.
[Title 43 RCW—page 504]
43.132.020
43.132.020 Fiscal notes—Preparation—Contents—
Scope—Revisions—Reports. The director of financial
management or the director's designee shall, in cooperation
with appropriate legislative committees and legislative staff,
establish a mechanism for the determination of the fiscal
impact of proposed legislation which if enacted into law
would directly or indirectly increase or decrease revenues
received or expenditures incurred by counties, cities, towns,
or any other units of local government. The office of financial
management shall, when requested by a member of the state
legislature, report in writing as to such fiscal impact and said
report shall be known as a "fiscal note".
Such fiscal notes shall indicate by fiscal year the total
impact on the local governments involved for the first two
years the legislation would be in effect and also a cumulative
six year forecast of the fiscal impact. Where feasible and
applicable, the fiscal note also shall indicate the fiscal impact
on each individual county or on a representative sampling of
cities, towns, or other units of local government.
A fiscal note as defined in this section shall be provided
only upon request of any member of the state legislature. A
request for a fiscal note on legislation shall be considered to
be a continuing request for a fiscal note on any formal alteration of the legislation in the form of amendments to the legislation that are adopted by a committee or a house of the legislature or a substitute version of such legislation that is
adopted by a committee and preparation of the fiscal note on
the prior version of the legislation shall stop, unless the legislator requesting the fiscal note specifies otherwise or the
altered version is first adopted or enacted in the last week of
a legislative session.
Fiscal notes shall be completed within one week of the
request unless a longer time period is allowed by the requesting legislator. In the event a fiscal note has not been completed within one week of a request, a daily report shall be
prepared for the requesting legislator by the director of financial management which report summarizes the progress in
preparing the fiscal note. If the request is referred to the director of community, trade, and economic development, the
daily report shall also include the date and time such referral
was made. [2000 c 182 § 2; 1995 c 399 § 79; 1984 c 125 §
16; 1979 c 151 § 149; 1977 ex.s. c 19 § 2.]
(2004 Ed.)
Fiscal Impact of Proposed Legislation on Political Subdivisions
Intent—2000 c 182: "It is the intent of the legislature to enhance the
local government fiscal note process by providing for updated fiscal information on pending legislation and to establish a process for a more comprehensive report on the fiscal impacts to local governments arising from laws
that have been enacted. Further, it is the intent of the legislature that the varying effects of legislation on different local governments be recognized. This
act is enacted in recognition of the responsibilities imposed by RCW
43.135.060." [2000 c 182 § 1.]
Severability—Headings—Effective date—1984 c 125: See RCW
43.63A.901 through 43.63A.903.
43.132.030
43.132.030 Designation of department of community,
trade, and economic development to prepare fiscal
notes—Cooperation of state agencies, legislative staffs,
and local government associations. The director of financial management is hereby empowered to designate the director of community, trade, and economic development as the
official responsible for the preparation of fiscal notes authorized and required by this chapter. It is the intent of the legislature that when necessary the resources of other state agencies, appropriate legislative staffs, and the various associations of local government may be employed in the
development of such fiscal notes. [1995 c 399 § 80; 1985 c 6
§ 10; 1979 c 151 § 150; 1977 ex.s. c 19 § 3.]
43.132.040
43.132.040 Fiscal notes—Transmission of copies to
designated recipients. When a fiscal note is prepared and
approved as to form and completeness by the director of
financial management, the director shall transmit copies
immediately to:
(1) The requesting legislator;
(2) With respect to proposed legislation held by the senate, the chairperson of the committee which holds or has
acted upon the proposed legislation, the chairperson of the
ways and means committee or equivalent committees with
jurisdiction over matters normally considered by a ways and
means committee, the chairperson of the local government
committee or equivalent committee that considers local government matters, and the secretary of the senate; and
(3) With respect to proposed legislation held by the
house of representatives, the chairperson of the committee
which holds or has acted upon the proposed legislation, the
chairpersons of the ways and means committee or equivalent
committees with jurisdiction over matters normally considered by a ways and means committee, the chairperson of the
local government committee or equivalent committee that
considers local government matters, and the chief clerk of the
house of representatives. [2000 c 182 § 3; 1986 c 158 § 18;
1979 c 151 § 151; 1977 ex.s. c 19 § 4.]
Intent—2000 c 182: See note following RCW 43.132.020.
43.132.810
Whenever proposed legislation accompanied by such a
fiscal note is passed by either the senate or the house of representatives, the fiscal note shall be transmitted with the bill
to the other house. [1986 c 158 § 19; 1979 c 151 § 152; 1977
ex.s. c 19 § 5.]
43.132.055
43.132.055 Fiscal notes—Expenditures by local government—Fiscal responsibility. When the fiscal note indicates that a bill or resolution would require expenditures of
funds by a county, city, town, or other unit of local government, the legislature shall determine the state's fiscal responsibility and shall make every effort to appropriate the funds or
provide the revenue generating authority necessary to implement the legislation during the ensuing biennium. [1979 ex.s.
c 112 § 2.]
43.132.060
43.132.060 Legislative action upon or validity of
measures not affected. (1) Nothing in this chapter shall prevent either house of the legislature from acting on any bill or
resolution before it as otherwise provided by the state Constitution, by law, and by the rules of the senate and house of representatives, nor shall the lack of any fiscal note as provided
in this chapter or any error in the accuracy thereof affect the
validity of any measure otherwise duly passed by the legislature.
(2) Subsection (1) of this section shall not alter the
responsibilities of RCW 43.135.060. [2000 c 182 § 4; 1977
ex.s. c 19 § 6.]
Intent—2000 c 182: See note following RCW 43.132.020.
43.132.800
43.132.800 Fiscal impact on local governments of
selected laws enacted over five-year period—Annual
report. (1) The office of financial management, in consultation with the department of community, trade, and economic
development, shall annually prepare a report on the fiscal
impacts to counties, cities, towns, and other units of local
governments, arising from selected laws enacted in the preceding five-year period. The office of financial management,
in consultation with the department of community, trade, and
economic development, shall annually select up to five laws
to include within this report from a recommended list of laws
approved by the legislature. The office of financial management, in consultation with the department of community,
trade, and economic development, may select up to five laws
to include within this report if the legislature does not
approve a recommended list.
(2) The preparation of the reports required in subsection
(1) of this section is subject to available funding. [2000 c 182
§ 5.]
Intent—2000 c 182: See note following RCW 43.132.020.
43.132.050
43.132.050 Fiscal notes—Transmission of copies
upon request. The office of financial management may
make additional copies of the fiscal note available to members of the legislature and others on request.
At the request of any member of the senate or house of
representatives, whichever is considering the proposed legislation, and unless it is prohibited by the rules of the body,
copies of the fiscal note or a synopsis thereof shall be placed
on the members' desks at the time the proposed legislation
takes its place on the second reading calendar.
(2004 Ed.)
43.132.810
43.132.810 Local government fiscal notes—Fiscal
impact of selected laws on local governments—Biennial
report. The office of financial management, in consultation
with the department of community, trade, and economic
development, shall prepare a report for the legislature on or
before December 31st of every even-numbered year on local
government fiscal notes, and reports on the fiscal impacts on
local governments arising from selected laws, that were prepared over the preceding two-year period. [2000 c 182 § 6.]
[Title 43 RCW—page 505]
Chapter 43.133
Title 43 RCW: State Government—Executive
Intent—2000 c 182: See note following RCW 43.132.020.
Chapter 43.133
Chapter 43.133 RCW
WASHINGTON SUNRISE ACT
Sections
43.133.010
43.133.020
43.133.030
43.133.040
43.133.050
43.133.060
43.133.070
43.133.080
43.133.900
Legislative declaration.
Definitions.
Sunrise notes—Procedure.
Sunrise notes—Contents.
Sunrise notes—Preparation.
Sunrise notes—Filing.
Forwarding of notification and sunrise note to committees
when standing committee votes out bill creating board or
special purpose district.
Effect of chapter on validity of legislative action.
Short title.
also provide a sunrise note at the request of any committee of
the legislature. [1995 c 399 § 82; 1987 c 342 § 5.]
43.133.060
43.133.060 Sunrise notes—Filing. Sunrise notes shall
be filed with:
(1) The committee to which the bill or resolution was
referred upon introduction in the house of origin;
(2) The senate committee on ways and means or its successor;
(3) The house of representatives committee on ways and
means or its successor;
(4) The senate governmental operations committee or its
successor; and
(5) The house of representatives state government committee or its successor. [1987 c 342 § 6.]
43.133.010
43.133.010 Legislative declaration. Because of the
proliferation of boards and special purpose districts, the legislature recognizes the necessity of developing a uniform and
coordinated procedure for determining the need for these new
units of government. [1987 c 342 § 1.]
43.133.020
43.133.020 Definitions. (1) For purposes of this chapter, "special purpose district" means any unit of local government other than a city, town, county, or school district.
(2) For purposes of this chapter, "board" means a board,
commission, council, committee or task force. [1987 c 342 §
2.]
43.133.030
43.133.030 Sunrise notes—Procedure. The office of
financial management and the department of community,
trade, and economic development shall, in cooperation with
appropriate legislative committees and legislative staff,
establish a procedure for the provision of sunrise notes on the
expected impact of bills and resolutions that authorize the
creation of new boards and new types of special purpose districts. [1995 c 399 § 81; 1987 c 342 § 3.]
43.133.070
43.133.070 Forwarding of notification and sunrise
note to committees when standing committee votes out
bill creating board or special purpose district. Legislative
standing committees shall forward notification and the sunrise note, if available, to the senate or house of representatives ways and means committee and the senate governmental operations committee or the house of representatives state
government committee whenever a bill providing for the creation of a new board or special purpose district is voted out of
the standing committee. [1987 c 342 § 7.]
43.133.080
43.133.080 Effect of chapter on validity of legislative
action. Nothing in this chapter prevents either house of the
legislature from acting on any bill or resolution before it as
otherwise provided by the state Constitution, by law, and by
the rules and joint rules of the senate and house of representatives, nor shall the lack of any sunrise note as provided in
this chapter or any error in the accuracy thereof affect the
validity of any measure otherwise duly passed by the legislature. [1987 c 342 § 8.]
43.133.900
43.133.040
43.133.040 Sunrise notes—Contents. Sunrise notes
shall include:
(1) The purpose and expected impact of the new board or
special purpose district;
(2) The powers and duties of the new board or special
purpose district;
(3) The direct or potential duplication of the powers and
duties of existing boards or special purpose districts; and
(4) Other information relevant to the need for the new
board or special purpose district. [1987 c 342 § 4.]
43.133.050
43.133.050 Sunrise notes—Preparation. (1) The
office of financial management shall prepare sunrise notes
for legislation concerning the creation of new boards. The
department of community, trade, and economic development
shall prepare sunrise notes for legislation creating new types
of special purpose districts.
(2) A sunrise note shall be prepared for all executive and
agency request legislation that creates a board or special purpose district.
(3) The office of financial management or the department of community, trade, and economic development shall
[Title 43 RCW—page 506]
43.133.900 Short title. This chapter shall be known as
the Washington sunrise act. [1987 c 342 § 9.]
Chapter 43.135 RCW
STATE EXPENDITURES LIMITATIONS
Chapter 43.135
(Formerly: Tax revenue limitations)
Sections
43.135.010
43.135.025
43.135.035
43.135.03901
43.135.045
43.135.051
43.135.055
43.135.060
Findings—Intent.
General fund expenditure limit—Computation—Annual
limit adjustment—Definitions—Emergency exception—State treasurer duty, penalty—State expenditure
limit committee.
Tax legislation—Conditions and restrictions—Ballot
title—Declarations of emergency—Taxes on intangible
property—Expenditure limit to reflect program cost
shifting or fund transfer.
Criminal justice treatment account, violence reduction and
drug enforcement account transfers.
Emergency reserve fund—Excess balance to education construction fund—Appropriation conditions—Transfer of
earnings to multimodal transportation account.
Emergency reserve fund—State investment board authority
to invest or manage.
Fee increase restriction—Exception.
Prohibition of new or extended programs without full reimbursement—Transfer of programs—Determination of
costs.
(2004 Ed.)
State Expenditures Limitations
43.135.080
43.135.902
43.135.903
43.135.904
Reenactment and reaffirmation of Initiative Measure No.
601—Continued limitations—Exceptions.
Short title—1994 c 2.
Severability—1994 c 2.
Effective dates—1994 c 2.
43.135.010
43.135.010 Findings—Intent. The people of the state
of Washington hereby find and declare:
(1) The continuing increases in our state tax burden and
the corresponding growth of state government is contrary to
the interest of the people of the state of Washington.
(2) It is necessary to limit the rate of growth of state government while assuring adequate funding of essential services, including basic education as defined by the legislature.
(3) The current budgetary system in the state of Washington lacks stability. The system encourages crisis budgeting and results in cutbacks during lean years and overspending during surplus years.
(4) It is therefore the intent of this chapter to:
(a) Establish a limit on state expenditures that will assure
that the growth rate of state expenditures does not exceed the
growth rate of inflation and state population;
(b) Assure that local governments are provided funds
adequate to render those services deemed essential by their
citizens;
(c) Assure that the state does not impose responsibility
on local governments for new programs or increased levels of
service under existing programs unless the costs thereof are
paid by the state;
(d) Provide for adjustment of the limit when costs of a
program are transferred between the state and another political entity;
(e) Establish a procedure for exceeding this limit in
emergency situations;
(f) Provide for voter approval of tax increases; and
(g) Avoid overfunding and underfunding state programs
by providing stability, consistency, and long-range planning.
[1994 c 2 § 1 (Initiative Measure No. 601, approved November 2, 1993); 1980 c 1 § 1 (Initiative Measure No. 62,
approved November 6, 1979).]
43.135.035
vious fiscal year's state expenditure limit" means the total
state expenditures from the state general fund, not including
federal funds, for the fiscal year beginning July 1, 1989, plus
the fiscal growth factor. This calculation is then computed for
the state expenditure limit for fiscal years 1992, 1993, 1994,
and 1995, and as required under RCW 43.135.035(4).
(5) A state expenditure limit committee is established for
the purpose of determining and adjusting the state expenditure limit as provided in this chapter. The members of the
state expenditure limit committee are the director of financial
management, the attorney general or the attorney general's
designee, and the chairs of the senate committee on ways and
means and the house of representatives committee on appropriations. All actions of the state expenditure limit committee
taken pursuant to this chapter require an affirmative vote of at
least three members.
(6) Each November, the state expenditure limit committee shall adjust the expenditure limit for the preceding fiscal
year based on actual expenditures and known changes in the
fiscal growth factor and then project an expenditure limit for
the next two fiscal years. If, by November 30th, the state
expenditure limit committee has not adopted the expenditure
limit adjustment and projected expenditure limit as provided
in subsection (5) of this section, the attorney general or his or
her designee shall adjust or project the expenditure limit, as
necessary.
(7) "Fiscal growth factor" means the average of the sum
of inflation and population change for each of the prior three
fiscal years.
(8) "Inflation" means the percentage change in the
implicit price deflator for the United States for each fiscal
year as published by the federal bureau of labor statistics.
(9) "Population change" means the percentage change in
state population for each fiscal year as reported by the office
of financial management. [2000 2nd sp.s. c 2 § 1; 1994 c 2 §
2 (Initiative Measure No. 601, approved November 2, 1993).]
Effective date—2000 2nd sp.s. c 2: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect July
1, 2000." [2000 2nd sp.s. c 2 § 4.]
43.135.025
43.135.025 General fund expenditure limit—Computation—Annual limit adjustment—Definitions—
Emergency exception—State treasurer duty, penalty—
State expenditure limit committee. (1) The state shall not
expend from the general fund during any fiscal year state
moneys in excess of the state expenditure limit established
under this chapter.
(2) Except pursuant to a declaration of emergency under
RCW 43.135.035 or pursuant to an appropriation under RCW
43.135.045(4)(b), the state treasurer shall not issue or redeem
any check, warrant, or voucher that will result in a state general fund expenditure for any fiscal year in excess of the state
expenditure limit established under this chapter. A violation
of this subsection constitutes a violation of RCW 43.88.290
and shall subject the state treasurer to the penalties provided
in RCW 43.88.300.
(3) The state expenditure limit for any fiscal year shall be
the previous fiscal year's state expenditure limit increased by
a percentage rate that equals the fiscal growth factor.
(4) For purposes of computing the state expenditure limit
for the fiscal year beginning July 1, 1995, the phrase "the pre(2004 Ed.)
43.135.035
43.135.035 Tax legislation—Conditions and restrictions—Ballot title—Declarations of emergency—Taxes
on intangible property—Expenditure limit to reflect program cost shifting or fund transfer. (1) After July 1, 1995,
any action or combination of actions by the legislature that
raises state revenue or requires revenue-neutral tax shifts may
be taken only if approved by a two-thirds vote of each house,
and then only if state expenditures in any fiscal year, including the new revenue, will not exceed the state expenditure
limits established under this chapter.
(2)(a) If the legislative action under subsection (1) of this
section will result in expenditures in excess of the state
expenditure limit, then the action of the legislature shall not
take effect until approved by a vote of the people at a November general election. The office of financial management
shall adjust the state expenditure limit by the amount of additional revenue approved by the voters under this section. This
adjustment shall not exceed the amount of revenue generated
by the legislative action during the first full fiscal year in
which it is in effect. The state expenditure limit shall be
[Title 43 RCW—page 507]
43.135.03901
Title 43 RCW: State Government—Executive
adjusted downward upon expiration or repeal of the legislative action.
(b) The ballot title for any vote of the people required
under this section shall be substantially as follows:
"Shall taxes be imposed on . . . . . . . in order to allow a
spending increase above last year's authorized spending
adjusted for inflation and population increases?"
(3)(a) The state expenditure limit may be exceeded upon
declaration of an emergency for a period not to exceed
twenty-four months by a law approved by a two-thirds vote
of each house of the legislature and signed by the governor.
The law shall set forth the nature of the emergency, which is
limited to natural disasters that require immediate government action to alleviate human suffering and provide humanitarian assistance. The state expenditure limit may be
exceeded for no more than twenty-four months following the
declaration of the emergency and only for the purposes contained in the emergency declaration.
(b) Additional taxes required for an emergency under
this section may be imposed only until thirty days following
the next general election, unless an extension is approved at
that general election. The additional taxes shall expire upon
expiration of the declaration of emergency. The legislature
shall not impose additional taxes for emergency purposes
under this subsection unless funds in the education construction fund have been exhausted.
(c) The state or any political subdivision of the state shall
not impose any tax on intangible property listed in RCW
84.36.070 as that statute exists on January 1, 1993.
(4) If the cost of any state program or function is shifted
from the state general fund on or after January 1, 1993, to
another source of funding, or if moneys are transferred from
the state general fund to another fund or account, the state
expenditure limit committee, acting pursuant to RCW
43.135.025(5), shall lower the state expenditure limit to
reflect the shift. For the purposes of this section, a transfer of
money from the state general fund to another fund or account
includes any state legislative action taken after July 1, 2000,
that has the effect of reducing revenues from a particular
source, where such revenues would otherwise be deposited
into the state general fund, while increasing the revenues
from that particular source to another state or local government account. This subsection does not apply to the dedication or use of lottery revenues under RCW 67.70.240(3) or
property taxes under RCW 84.52.068, in support of education
or education expenditures.
(5) If the cost of any state program or function is shifted
to the state general fund on or after January 1, 2000, from
another source of funding, or if moneys are transferred to the
state general fund from another fund or account, the state
expenditure limit committee, acting pursuant to RCW
43.135.025(5), shall increase the state expenditure limit to
reflect the shift. [2001 c 3 § 8 (Initiative Measure No. 728,
approved November 7, 2000); 2000 2nd sp.s. c 2 § 2; (2002 c
33 § 1 expired June 30, 2003); 1994 c 2 § 4 (Initiative Measure No. 601, approved November 2, 1993).]
Reviser's note: This section was amended by 2001 c 3 § 8 (Initiative
Measure No. 728) without cognizance of its amendment by 2000 2nd sp.s. c
2 § 2. All amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
[Title 43 RCW—page 508]
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes following RCW 28A.505.210.
Effective date—2000 2nd sp.s. c 2: See note following RCW
43.135.025.
43.135.03901
43.135.03901 Criminal justice treatment account,
violence reduction and drug enforcement account transfers. RCW 43.135.035(4) does not apply to the transfers
established in RCW 70.96A.350. [2002 c 290 § 5.]
Effective date—2002 c 290 §§ 1, 4-6, 12, 13, 26, and 27: See note following RCW 70.96A.350.
Intent—2002 c 290: See note following RCW 9.94A.517.
Severability—2002 c 290: See RCW 9.94A.924.
43.135.045
43.135.045 Emergency reserve fund—Excess balance to education construction fund—Appropriation conditions—Transfer of earnings to multimodal transportation account. (Expires June 30, 2005.) (1) The emergency
reserve fund is established in the state treasury. During each
fiscal year, the state treasurer shall deposit in the emergency
reserve fund all general fund—state revenues in excess of the
state expenditure limit for that fiscal year. Deposits shall be
made at the end of each fiscal quarter based on projections of
state revenues and the state expenditure limit. The treasurer
shall make transfers between these accounts as necessary to
reconcile actual annual revenues and the expenditure limit for
fiscal year 2000 and thereafter.
(2) The legislature may appropriate moneys from the
emergency reserve fund only with approval of at least twothirds of the members of each house of the legislature, and
then only if the appropriation does not cause total expenditures to exceed the state expenditure limit under this chapter.
(3) The emergency reserve fund balance shall not exceed
five percent of annual general fund—state revenues as projected by the official state revenue forecast. Any balance in
excess of five percent shall be transferred on a quarterly basis
by the state treasurer as follows: Seventy-five percent to the
student achievement fund hereby created in the state treasury
and twenty-five percent to the general fund balance. The
treasurer shall make transfers between these accounts as necessary to reconcile actual annual revenues for fiscal year
2000 and thereafter. When per-student state funding for the
maintenance and operation of K-12 education meets a level
of no less than ninety percent of the national average of total
funding from all sources per student as determined by the
most recent published data from the national center for education statistics of the United States department of education,
as calculated by the office of financial management, further
deposits to the student achievement fund shall be required
only to the extent necessary to maintain the ninety-percent
level. Remaining funds are part of the general fund balance
and these funds are subject to the expenditure limits of this
chapter.
(4) The education construction fund is hereby created in
the state treasury.
(a) Funds may be appropriated from the education construction fund exclusively for common school construction or
higher education construction. During the fiscal years beginning July 1, 2003, and ending June 30, 2005, funds may also
(2004 Ed.)
State Expenditures Limitations
be used for higher education facilities preservation and maintenance.
(b) Funds may be appropriated for any other purpose
only if approved by a two-thirds vote of each house of the
legislature and if approved by a vote of the people at the next
general election. An appropriation approved by the people
under this subsection shall result in an adjustment to the state
expenditure limit only for the fiscal period for which the
appropriation is made and shall not affect any subsequent fiscal period.
(5) Funds from the student achievement fund shall be
appropriated to the superintendent of public instruction
strictly for distribution to school districts to meet the provisions set out in the student achievement act. Allocations shall
be made on an equal per full-time equivalent student basis to
each school district.
(6) Earnings of the emergency reserve fund under RCW
43.84.092(4)(a) shall be transferred quarterly to the multimodal transportation account, except for those earnings that are
in excess of thirty-five million dollars each fiscal year.
Within thirty days following any fiscal year in which earnings transferred to the multimodal transportation account
under this subsection did not total thirty-five million dollars,
the state treasurer shall transfer from the emergency reserve
fund an amount necessary to bring the total deposited in the
multimodal transportation account under this subsection to
thirty-five million dollars. The revenues to the multimodal
transportation account reflected in this subsection provide
ongoing support for the transportation programs of the state.
However, it is the intent of the legislature that any new longterm financial support that may be subsequently provided for
transportation programs will be used to replace and supplant
the revenues reflected in this subsection, thereby allowing
those revenues to be returned to the purposes to which they
were previously dedicated. No transfers from the emergency
reserve fund to the multimodal fund shall be made during the
2003-05 fiscal biennium. [2003 1st sp.s. c 26 § 919; 2003 1st
sp.s. c 25 § 920. Prior: 2003 1st sp.s. c 26 § 918; (2002 c 33
§ 2 expired June 30, 2003); prior: 2001 c 3 § 9 (Initiative
Measure No. 728, approved November 7, 2000); 2000 2nd
sp.s. c 5 § 1; 2000 2nd sp.s. c 2 § 3; 1994 c 2 § 3 (Initiative
Measure No. 601, approved November 2, 1993).]
Reviser's note: This section was amended by 2003 1st sp.s. c 25 § 920
and by 2003 1st sp.s. c 26 § 919, each without reference to the other. Both
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Expiration date—2003 1st sp.s. c 26: "Sections 918 through 921, 926,
and 929 of this act expire June 30, 2005." [2003 1st sp.s. c 26 § 927.]
Severability—2003 1st sp.s. c 26: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2003 1st sp.s. c 26 § 930.]
Effective dates—2003 1st sp.s. c 26: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 26, 2003], except for section 919 of this act which takes
effect June 30, 2003." [2003 1st sp.s. c 26 § 931.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Expiration date—2002 c 33: "This act expires June 30, 2003." [2002
c 33 § 3.]
Effective date—2002 c 33: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov(2004 Ed.)
43.135.045
ernment and its existing public institutions, and takes effect immediately
[March 13, 2002]." [2002 c 33 § 4.]
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes following RCW 28A.505.210.
Effective date—2000 2nd sp.s. c 2: See note following RCW
43.135.025.
43.135.045
43.135.045 Emergency reserve fund—Excess balance to education construction fund—Appropriation conditions—Transfer of earnings to multimodal transportation account. (Effective June 30, 2005.) (1) The emergency
reserve fund is established in the state treasury. During each
fiscal year, the state treasurer shall deposit in the emergency
reserve fund all general fund—state revenues in excess of the
state expenditure limit for that fiscal year. Deposits shall be
made at the end of each fiscal quarter based on projections of
state revenues and the state expenditure limit. The treasurer
shall make transfers between these accounts as necessary to
reconcile actual annual revenues and the expenditure limit for
fiscal year 2000 and thereafter.
(2) The legislature may appropriate moneys from the
emergency reserve fund only with approval of at least twothirds of the members of each house of the legislature, and
then only if the appropriation does not cause total expenditures to exceed the state expenditure limit under this chapter.
(3) The emergency reserve fund balance shall not exceed
five percent of annual general fund—state revenues as projected by the official state revenue forecast. Any balance in
excess of five percent shall be transferred on a quarterly basis
by the state treasurer as follows: Seventy-five percent to the
student achievement fund hereby created in the state treasury
and twenty-five percent to the general fund balance. The
treasurer shall make transfers between these accounts as necessary to reconcile actual annual revenues for fiscal year
2000 and thereafter. When per-student state funding for the
maintenance and operation of K-12 education meets a level
of no less than ninety percent of the national average of total
funding from all sources per student as determined by the
most recent published data from the national center for education statistics of the United States department of education,
as calculated by the office of financial management, further
deposits to the student achievement fund shall be required
only to the extent necessary to maintain the ninety-percent
level. Remaining funds are part of the general fund balance
and these funds are subject to the expenditure limits of this
chapter.
(4) The education construction fund is hereby created in
the state treasury.
(a) Funds may be appropriated from the education construction fund exclusively for common school construction or
higher education construction.
(b) Funds may be appropriated for any other purpose
only if approved by a two-thirds vote of each house of the
legislature and if approved by a vote of the people at the next
general election. An appropriation approved by the people
under this subsection shall result in an adjustment to the state
expenditure limit only for the fiscal period for which the
appropriation is made and shall not affect any subsequent fiscal period.
[Title 43 RCW—page 509]
43.135.051
Title 43 RCW: State Government—Executive
(5) Funds from the student achievement fund shall be
appropriated to the superintendent of public instruction
strictly for distribution to school districts to meet the provisions set out in the student achievement act. Allocations shall
be made on an equal per full-time equivalent student basis to
each school district.
(6) Earnings of the emergency reserve fund under RCW
43.84.092(4)(a) shall be transferred quarterly to the multimodal transportation account, except for those earnings that are
in excess of thirty-five million dollars each fiscal year.
Within thirty days following any fiscal year in which earnings transferred to the multimodal transportation account
under this subsection did not total thirty-five million dollars,
the state treasurer shall transfer from the emergency reserve
fund an amount necessary to bring the total deposited in the
multimodal transportation account under this subsection to
thirty-five million dollars. The revenues to the multimodal
transportation account reflected in this subsection provide
ongoing support for the transportation programs of the state.
However, it is the intent of the legislature that any new longterm financial support that may be subsequently provided for
transportation programs will be used to replace and supplant
the revenues reflected in this subsection, thereby allowing
those revenues to be returned to the purposes to which they
were previously dedicated. No transfers from the emergency
reserve fund to the multimodal fund shall be made during the
2003-05 fiscal biennium. [2003 1st sp.s. c 25 § 920. Prior:
2003 1st sp.s. c 26 § 918; (2002 c 33 § 2 expired June 30,
2003); prior: 2001 c 3 § 9 (Initiative Measure No. 728,
approved November 7, 2000); 2000 2nd sp.s. c 5 § 1; 2000
2nd sp.s. c 2 § 3; 1994 c 2 § 3 (Initiative Measure No. 601,
approved November 2, 1993).]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Expiration date—Effective date—2002 c 33: See notes following
RCW 43.135.035.
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes following RCW 28A.505.210.
Effective date—2000 2nd sp.s. c 2: See note following RCW
43.135.025.
43.135.051
43.135.051 Emergency reserve fund—State investment board authority to invest or manage. (1) The state
investment board has the full power to invest, reinvest, manage, contract, sell, or exchange investment moneys in the
emergency reserve fund. All investment and operating costs
associated with the investment of money shall be paid pursuant to RCW 43.33A.160 and 43.84.160. With the exception
of these expenses, the earnings from the investment of the
money shall be retained by the fund.
(2) All investments made by the state investment board
shall be made with the exercise of that degree of judgment
and care pursuant to RCW 43.33A.140 and the investment
policies established by the state investment board.
(3) As deemed appropriate by the state investment board,
moneys in the fund may be commingled for investment with
other funds subject to investment by the board. [1999 c 288
§ 1.]
Effective date—1999 c 288: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov[Title 43 RCW—page 510]
ernment and its existing public institutions, and takes effect July 1, 1999."
[1999 c 288 § 3.]
43.135.055
43.135.055 Fee increase restriction—Exception. (1)
No fee may increase in any fiscal year by a percentage in
excess of the fiscal growth factor for that fiscal year without
prior legislative approval.
(2) This section does not apply to an assessment made by
an agricultural commodity commission or board created by
state statute or created under a marketing agreement or order
under chapter 15.65 or 15.66 RCW, or to the forest products
commission, if the assessment is approved by referendum in
accordance with the provisions of the statutes creating the
commission or board or chapter 15.65 or 15.66 RCW for
approving such assessments. [2001 c 314 § 19; 1997 c 303 §
2; 1994 c 2 § 8 (Initiative Measure No. 601, approved
November 2, 1993).]
Findings—Construction—Severability—2001 c 314: See RCW
15.100.010, 15.100.900, and 15.100.901.
Findings—1997 c 303: "The legislature finds that Initiative Measure
No. 601, adopted by the people of the state of Washington, limits fee
increases by requiring that any increases in fees beyond the levels expressly
allowed under the initiative receive the prior approval of the legislature. The
legislature finds that a more direct system of allowing the people to control
fee increases predates Initiative Measure No. 601. This system developed in
agricultural communities and provides these communities with direct control
of the fees of the agricultural commodity commissions they created to serve
them. The system requires those who pay the assessments levied by commodity commissions and boards to approve of assessment increases by referendum. It is at the heart of the statutes and marketing orders and agreements under which agricultural commodity commissions and boards are created. The legislature does not believe that the adoption of Initiative Measure
No. 601 was intended to dilute in any manner this more direct control held
by the people governed by commodity commissions or boards over the fees
they pay in the form of such assessments. Therefore, the legislature defers to
this more direct control of these assessments so long as the authority to
approve or disapprove of increases in these assessments is by referendum
held directly by those who pay them." [1997 c 303 § 1.]
Effective date—1997 c 303 §§ 1-3: "Sections 1 through 3 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [May 9, 1997]." [1997 c 303 § 9.]
Toll increases in excess of fiscal growth factor: RCW 47.46.120.
43.135.060
43.135.060 Prohibition of new or extended programs
without full reimbursement—Transfer of programs—
Determination of costs. (1) After July 1, 1995, the legislature shall not impose responsibility for new programs or
increased levels of service under existing programs on any
political subdivision of the state unless the subdivision is
fully reimbursed by the state for the costs of the new programs or increases in service levels. Reimbursement by the
state may be made by: (a) A specific appropriation; or (b)
increases in state distributions of revenue to political subdivisions occurring after January 1, 1998.
(2) If by order of any court, or legislative enactment, the
costs of a federal or local government program are transferred
to or from the state, the otherwise applicable state expenditure limit shall be increased or decreased, as the case may be,
by the dollar amount of the costs of the program.
(3) The legislature, in consultation with the office of
financial management or its successor agency, shall determine the costs of any new programs or increased levels of
service under existing programs imposed on any political
subdivision or transferred to or from the state.
(2004 Ed.)
Termination of Tax Preferences
(4) Subsection (1) of this section does not apply to the
costs incurred for voting devices or machines under *RCW
29.04.200. [1998 c 321 § 15 (Referendum Bill No. 49,
approved November 3, 1998); 1994 c 2 § 5 (Initiative Measure No. 601, approved November 2, 1993); 1990 2nd ex.s. c
1 § 601; 1990 c 184 § 2; 1980 c 1 § 6 (Initiative Measure No.
62, approved November 6, 1979).]
*Reviser's note: RCW 29.04.200 was recodified as RCW 29A.12.150
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note following RCW 82.14.045.
43.136.030
Chapter 43.136 RCW
TERMINATION OF TAX PREFERENCES
Chapter 43.136
Sections
43.136.010
43.136.020
43.136.030
43.136.040
43.136.050
43.136.070
Legislative findings—Intent.
"Tax preference" defined.
Legislative budget committee and department of revenue—
Review of tax preferences—Reports.
Legislative budget committee review of tax preferences—
Factors for consideration.
Powers and duties of ways and means committees.
Report on existing tax preferences to be provided—Additional information to be provided.
Listing of reduction in revenues from tax exemptions to be submitted to legislature by department of revenue—Periodic review and submission of
recommendations to legislature by governor: RCW 43.06.400.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
43.136.010 Legislative findings—Intent. The legislature recognizes that tax preferences are enacted by the legislature to meet objectives which are determined to be in the
public interest. The legislature finds, however, that some tax
preferences may not be efficient or equitable tools for the
achievement of current legislative objectives. The legislature
finds that unless it can be demonstrated that the public interest is served by the continued existence of tax preferences,
they should be terminated or modified. The legislature further
finds that periodic evaluations of tax preferences are needed
to determine if their continued existence is in the public interest.
It is the intent of the legislature to establish a mechanism
for scheduling periodic evaluations of tax preferences
together with a system for their termination, continuation, or
modification. By this mechanism, the legislature intends to
ensure that thorough periodic evaluations are made and that
those tax preferences which do not continue to serve the public interest are terminated or modified. [1982 1st ex.s. c 35 §
39.]
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Local government reimbursement claims: RCW 4.92.280.
43.135.080
43.135.080 Reenactment and reaffirmation of Initiative Measure No. 601—Continued limitations—Exceptions. (1) Initiative Measure No. 601 (chapter 43.135 RCW,
as amended by chapter 321, Laws of 1998 and the amendatory changes enacted by section 6, chapter 2, Laws of 1994)
is hereby reenacted and reaffirmed. The legislature also
adopts chapter 321, Laws of 1998 to continue the general
fund revenue and expenditure limitations contained in this
chapter 43.135 RCW after this one-time transfer of funds.
(2) RCW 43.135.035(4) does not apply to sections 5
through 13, chapter 321, Laws of 1998. [1998 c 321 § 14
(Referendum Bill No. 49, approved November 3, 1998).]
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note following RCW 82.14.045.
43.135.902
43.135.902 Short title—1994 c 2. This chapter may be
known and cited as the taxpayer protection act. [1994 c 2 §
10 (Initiative Measure No. 601, approved November 2,
1993).]
43.135.903
43.135.903 Severability—1994 c 2. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1994 c 2 § 12 (Initiative Measure No. 601, approved
November 2, 1993).]
43.135.904
43.135.904 Effective dates—1994 c 2. (1) Sections 8
and 13 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and shall
take effect immediately [December 2, 1993].
(2) Sections 1 through 7 and 9 through 12 of this act shall
take effect July 1, 1995. [1994 c 2 § 14 (Initiative Measure
No. 601, approved November 2, 1993).]
(2004 Ed.)
43.136.010
43.136.020 "Tax preference" defined. As used in this
chapter, "tax preference" means an exemption, exclusion, or
deduction from the base of a state tax; a credit against a state
tax; a deferral of a state tax; or a preferential state tax rate.
[1982 1st ex.s. c 35 § 40.]
43.136.020
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
43.136.030 *Legislative budget committee and
department of revenue—Review of tax preferences—
Reports. The *legislative budget committee shall review
each tax preference for termination by the processes provided
in this chapter. The review shall be completed and a report
prepared on or before June 30th of the year prior to the date
established for termination. Upon completion of its report,
the *legislative budget committee shall transmit copies of the
report to the department of revenue. The department of revenue may then conduct its own review of the tax preference
scheduled for termination and shall prepare a report on or
before September 30th of the year prior to the date established for termination. Upon completion of its report the
department of revenue shall transmit copies of its report to
the *legislative budget committee. The *legislative budget
committee shall prepare a final report that includes the
43.136.030
[Title 43 RCW—page 511]
43.136.040
Title 43 RCW: State Government—Executive
reports of both the department of revenue and the *legislative
budget committee. The *legislative budget committee and
the department of revenue shall, upon request, make available to each other all working papers, studies, and other documents which relate to reports required under this section.
The *legislative budget committee shall transmit the final
report to all members of the legislature, to the governor, and
to the state library. [1982 1st ex.s. c 35 § 41.]
*Reviser's note: The "legislative budget committee" was redesignated
the "joint legislative audit and review committee" by 1996 c 288 § 3.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
43.136.040
43.136.040 *Legislative budget committee review of
tax preferences—Factors for consideration. In reviewing
a tax preference, the *legislative budget committee shall
develop information needed by the legislature to determine if
the tax preference should be terminated as scheduled, modified, or reestablished without modification. The *legislative
budget committee shall consider, but not be limited to, the
following factors in the review.
(1) The persons or organizations whose state tax liabilities are directly affected by the tax preference.
(2) Legislative objectives that might provide a justification for the tax preference.
(3) Evidence that the existence of the tax preference has
contributed to the achievement of any of the objectives identified in subsection (2) of this section.
(4) The extent to which continuation of the tax preference beyond its scheduled termination date might contribute
to any of the objectives identified in subsection (2) of this
section.
(5) Fiscal impacts of the tax preference, including past
impacts and expected future impacts if it is not terminated as
scheduled.
(6) The extent to which termination of the tax preference
would affect the distribution of liability for payment of state
taxes. [1982 1st ex.s. c 35 § 42.]
*Reviser's note: The "legislative budget committee" was redesignated
the "joint legislative audit and review committee" by 1996 c 288 § 3.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
43.136.050
43.136.050 Powers and duties of ways and means
committees. (1) Following receipt of the final report from
the *legislative budget committee, the ways and means committees of the house of representatives and the senate shall
jointly hold a public hearing to consider the final report and
any related data. The committees shall also receive testimony
from the governor, or the governor's designee, and other
interested parties, including the general public.
(2) Following the joint hearing, the committees may separately hold additional meetings or hearings to come to a final
determination as to whether a continuation, modification, or
termination of a tax preference is in the public interest. If a
committee determines that a tax preference should be continued or modified, it shall make the determination as a bill. No
more than one tax preference shall be reestablished or modified in any one bill. [1982 1st ex.s. c 35 § 43.]
*Reviser's note: The "legislative budget committee" was redesignated
the "joint legislative audit and review committee" by 1996 c 288 § 3.
[Title 43 RCW—page 512]
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
43.136.070 Report on existing tax preferences to be
provided—Additional information to be provided. On or
before September 30, 1982, the department of revenue shall
provide the *select joint committee with a report on existing
tax preferences. The report shall include a list of tax preferences and a description of each one. Upon request of the
*select joint committee, the department of revenue shall provide additional information needed by the *select joint committee to meet its responsibilities under this chapter. [1982
1st ex.s. c 35 § 45.]
43.136.070
*Reviser's note: RCW 43.131.115, which created the select joint committee, was repealed by 1993 c 142 § 1.
Severability—Effective dates—1982 1st ex.s. c 35: See notes following RCW 82.08.020.
Chapter 43.140
Chapter 43.140 RCW
GEOTHERMAL ENERGY
Sections
43.140.010
43.140.020
43.140.030
43.140.040
43.140.050
43.140.060
43.140.900
Purpose.
Definitions.
Geothermal account—Deposit of revenues.
Geothermal account—Limitations on distributions.
Distribution of funds to county of origin.
Appropriation for exploration and assessment of geothermal
energy—Reimbursement.
Termination of chapter.
Geothermal resources: RCW 79.13.530.
43.140.010 Purpose. The purpose of this chapter is to
provide for the allocation of revenues distributed to the state
under section 35 of the Mineral Lands Leasing Act of 1920,
as amended (30 U.S.C. Sec. 191), with respect to activities of
the United States bureau of land management undertaken
pursuant to the Geothermal Steam Act of 1970 (30 U.S.C.
Sec. 1001 et seq.) in order to accomplish the following general objectives:
(1) Reduction of dependence on nonrenewable energy
and stimulation of the state's economy through development
of geothermal energy.
(2) Mitigation of the social, economic, and environmental impacts of geothermal development.
(3) Financial assistance to counties to offset the costs of
providing public services and facilities necessitated by the
development of geothermal resources within their jurisdictions.
(4) Maintenance of the productivity of renewable
resources through the investment of proceeds from these
resources. [1981 c 158 § 1.]
43.140.010
43.140.020 Definitions. As used in this chapter:
(1) "County of origin" means any county in which the
United States bureau of land management has leased lands
for geothermal development.
(2) "Geothermal energy" means the natural heat of the
earth and the medium by which this heat is extracted from the
earth, including liquids or gases, as well as any minerals contained in any natural or injected fluids, brines, and associated
gas but excluding oil, hydrocarbon gas, and other hydrocarbon substances. [1981 c 158 § 2.]
43.140.020
(2004 Ed.)
Ocean Resources Management Act
43.140.030
43.140.030 Geothermal account—Deposit of revenues. There is created the geothermal account in the state
treasury. All expenditures from this account are subject to
appropriation and chapter 43.88 RCW.
All revenues received by the state treasurer under section
35 of the Mineral Lands Leasing Act of 1920, as amended (30
U.S.C. Sec. 191), with respect to activities of the United
States bureau of land management undertaken pursuant to the
Geothermal Steam Act of 1970 (30 U.S.C. Sec. 1001 et seq.)
shall be deposited in the geothermal account in the state treasury immediately upon receipt. [1991 sp.s. c 13 § 7; 1985 c
57 § 58; 1981 c 158 § 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
43.140.040
43.140.040 Geothermal account—Limitations on distributions. Distribution of funds from the geothermal
account of the general fund shall be subject to the following
limitations:
(1) Thirty percent to the department of natural resources
for geothermal exploration and assessment;
(2) Thirty percent to Washington State University or its
statutory successor for the purpose of encouraging the development of geothermal energy; and
(3) Forty percent to the county of origin for mitigating
impacts caused by geothermal energy exploration, assessment, and development. [1996 c 186 § 510; 1981 c 158 § 4.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
43.140.050
43.140.050 Distribution of funds to county of origin.
The state treasurer shall be responsible for distribution of
funds to the county of origin. Each county's share of rentals
and royalties from a lease including lands in more than one
county shall be computed on the basis of the ratio that the
acreage within each county has to the total acreage in the
lease. Washington State University shall obtain the necessary
information to make the distribution of funds on such a basis.
[1996 c 186 § 511; 1996 c 186 § 107; 1981 c 158 § 5.]
Reviser's note: This section was amended by 1996 c 186 § 107 and by
1996 c 186 § 511, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
43.140.060
43.140.060 Appropriation for exploration and assessment of geothermal energy—Reimbursement. The legislature hereby appropriates one hundred forty-eight thousand
dollars from the general fund of the state treasury to the
department of natural resources for the purpose of exploration and assessment of geothermal energy within the state of
Washington. The department of natural resources shall reimburse the general fund from its share of the revenues credited
to the geothermal account up to one hundred forty-eight thousand dollars. Geothermal Steam Act revenues credited to the
department's share of the geothermal account in excess of one
hundred forty-eight thousand dollars shall be expended by
the department of natural resources for the purpose of explo(2004 Ed.)
43.143.010
ration and assessment of geothermal energy within the state
of Washington. [1981 c 158 § 7.]
43.140.900
43.140.900 Termination of chapter. This chapter shall
terminate on June 30, 2011. [2001 c 215 § 1; 1991 c 76 § 1;
1981 c 158 § 8.]
Effective date—2001 c 215: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 8, 2001]." [2001 c 215 § 2.]
Chapter 43.143 RCW
OCEAN RESOURCES MANAGEMENT ACT
Chapter 43.143
Sections
43.143.005
43.143.010
43.143.020
43.143.030
43.143.900
43.143.901
43.143.902
Legislative findings.
Legislative policy and intent—Moratorium on leases for oil
and gas exploration, development, or production—Appeals
from regulation of recreational uses—Participation in federal ocean and marine resource decisions.
Definitions.
Planning and project review criteria.
Captions not law.
Short title.
Severability—1989 1st ex.s. c 2.
Oil or gas exploration in marine waters: RCW 90.58.550.
Transport of petroleum products or hazardous substances: Chapter 88.40
RCW.
43.143.005
43.143.005 Legislative findings. (1) Washington's
coastal waters, seabed, and shorelines are among the most
valuable and fragile of its natural resources.
(2) Ocean and marine-based industries and activities,
such as fishing, aquaculture, tourism, and marine transportation have played a major role in the history of the state and
will continue to be important in the future.
(3) Washington's coastal waters, seabed, and shorelines
are faced with conflicting use demands. Some uses may pose
unacceptable environmental or social risks at certain times.
(4) The state of Washington has primary jurisdiction
over the management of coastal and ocean natural resources
within three miles of its coastline. From three miles seaward
to the boundary of the two hundred mile exclusive economic
zone, the United States federal government has primary jurisdiction. Since protection, conservation, and development of
the natural resources in the exclusive economic zone directly
affect Washington's economy and environment, the state has
an inherent interest in how these resources are managed.
[1997 c 152 § 1; 1989 1st ex.s. c 2 § 8.]
43.143.010
43.143.010 Legislative policy and intent—Moratorium on leases for oil and gas exploration, development,
or production—Appeals from regulation of recreational
uses—Participation in federal ocean and marine resource
decisions. (1) The purpose of this chapter is to articulate policies and establish guidelines for the exercise of state and
local management authority over Washington's coastal
waters, seabed, and shorelines.
(2) There shall be no leasing of Washington's tidal or
submerged lands extending from mean high tide seaward
three miles along the Washington coast from Cape Flattery
south to Cape Disappointment, nor in Grays Harbor, Willapa
Bay, and the Columbia river downstream from the Longview
[Title 43 RCW—page 513]
43.143.020
Title 43 RCW: State Government—Executive
bridge, for purposes of oil or gas exploration, development,
or production.
(3) When conflicts arise among uses and activities, priority shall be given to resource uses and activities that will not
adversely impact renewable resources over uses which are
likely to have an adverse impact on renewable resources.
(4) It is the policy of the state of Washington to actively
encourage the conservation of liquid fossil fuels, and to
explore available methods of encouraging such conservation.
(5) It is not currently the intent of the legislature to
include recreational uses or currently existing commercial
uses involving fishing or other renewable marine or ocean
resources within the uses and activities which must meet the
planning and review criteria set forth in RCW 43.143.030. It
is not the intent of the legislature, however, to permanently
exclude these uses from the requirements of RCW
43.143.030. If information becomes available which indicates that such uses should reasonably be covered by the
requirements of RCW 43.143.030, the permitting government or agency may require compliance with those requirements, and appeals of that decision shall be handled through
the established appeals procedure for that permit or approval.
(6) The state shall participate in federal ocean and
marine resource decisions to the fullest extent possible to
ensure that the decisions are consistent with the state's policy
concerning the use of those resources. [1997 c 152 § 2; 1995
c 339 § 1; 1989 1st ex.s. c 2 § 9.]
43.143.020
43.143.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Coastal counties" means Clallam, Jefferson, Grays
Harbor, and Pacific counties.
(2) "Coastal waters" means the waters of the Pacific
Ocean seaward from Cape Flattery south to Cape Disappointment, from mean high tide seaward two hundred miles.
[1989 1st ex.s. c 2 § 10.]
43.143.030
43.143.030 Planning and project review criteria. (1)
When the state of Washington and local governments
develop plans for the management, conservation, use, or
development of natural resources in Washington's coastal
waters, the policies in RCW 43.143.010 shall guide the decision-making process.
(2) Uses or activities that require federal, state, or local
government permits or other approvals and that will
adversely impact renewable resources, marine life, fishing,
aquaculture, recreation, navigation, air or water quality, or
other existing ocean or coastal uses, may be permitted only if
the criteria below are met or exceeded:
(a) There is a demonstrated significant local, state, or
national need for the proposed use or activity;
(b) There is no reasonable alternative to meet the public
need for the proposed use or activity;
(c) There will be no likely long-term significant adverse
impacts to coastal or marine resources or uses;
(d) All reasonable steps are taken to avoid and minimize
adverse environmental impacts, with special protection provided for the marine life and resources of the Columbia river,
[Title 43 RCW—page 514]
Willapa Bay and Grays Harbor estuaries, and Olympic
national park;
(e) All reasonable steps are taken to avoid and minimize
adverse social and economic impacts, including impacts on
aquaculture, recreation, tourism, navigation, air quality, and
recreational, commercial, and tribal fishing;
(f) Compensation is provided to mitigate adverse
impacts to coastal resources or uses;
(g) Plans and sufficient performance bonding are provided to ensure that the site will be rehabilitated after the use
or activity is completed; and
(h) The use or activity complies with all applicable local,
state, and federal laws and regulations. [1989 1st ex.s. c 2 §
11.]
43.143.900
43.143.900 Captions not law. Section captions as used
in this chapter do not constitute any part of the law. [1989 1st
ex.s. c 2 § 18.]
43.143.901
43.143.901 Short title. Sections 8 through 12 of this act
shall constitute a new chapter in Title 43 RCW and may be
known and cited as the ocean resources management act.
[1989 1st ex.s. c 2 § 19.]
43.143.902
43.143.902 Severability—1989 1st ex.s. c 2. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1989 1st ex.s. c 2 § 20.]
Chapter 43.145 RCW
NORTHWEST INTERSTATE COMPACT ON
LOW-LEVEL RADIOACTIVE
WASTE MANAGEMENT
Chapter 43.145
Sections
43.145.010
43.145.020
43.145.030
Compact.
Requirements of Washington representative to Northwest lowlevel waste compact committee.
Rule-making authority.
Radioactive Waste Storage and Transportation Act of 1980: Chapter 70.99
RCW.
43.145.010
43.145.010 Compact. The Northwest Interstate Compact on Low-Level Radioactive Waste Management is
hereby enacted into law and entered into by the state of
Washington as a party, and is in full force and effect between
the state and other states joining the compact in accordance
with the terms of the compact.
NORTHWEST INTERSTATE COMPACT ON
LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT
ARTICLE I—Policy and Purpose
The party states recognize that low-level radioactive
wastes are generated by essential activities and services that
benefit the citizens of the states. It is further recognized that
the protection of the health and safety of the citizens of the
party states and the most economical management of lowlevel radioactive wastes can be accomplished through cooperation of the states in minimizing the amount of handling
(2004 Ed.)
Northwest Interstate Compact on Low-Level Radioactive Waste Management
and transportation required to dispose of such wastes and
through the cooperation of the states in providing facilities
that serve the region. It is the policy of the party states to
undertake the necessary cooperation to protect the health and
safety of the citizens of the party states and to provide for the
most economical management of low-level radioactive
wastes on a continuing basis. It is the purpose of this compact
to provide the means for such a cooperative effort among the
party states so that the protection of the citizens of the states
and the maintenance of the viability of the states' economies
will be enhanced while sharing the responsibilities of radioactive low-level waste management.
ARTICLE II—Definitions
As used in this compact:
(1) "Facility" means any site, location, structure, or property used or to be used for the storage, treatment, or disposal
of low-level waste, excluding federal waste facilities;
(2) "Low-level waste" means waste material which contains radioactive nuclides emitting primarily beta or gamma
radiation, or both, in concentrations or quantities which
exceed applicable federal or state standards for unrestricted
release. Low-level waste does not include waste containing
more than ten nanocuries of transuranic contaminants per
gram of material, nor spent reactor fuel, nor material classified as either high-level waste or waste which is unsuited for
disposal by near-surface burial under any applicable federal
regulations;
(3) "Generator" means any person, partnership, association, corporation, or any other entity whatsoever which, as a
part of its activities, produces low-level radioactive waste;
(4) "Host state" means a state in which a facility is
located.
ARTICLE III—Regulatory Practices
Each party state hereby agrees to adopt practices which
will require low-level waste shipments originating within its
borders and destined for a facility within another party state
to conform to the applicable packaging and transportation
requirements and regulations of the host state. Such practices
shall include:
(1) Maintaining an inventory of all generators within the
state that have shipped or expect to ship low-level waste to
facilities in another party state;
(2) Periodic unannounced inspection of the premises of
such generators and the waste management activities thereon;
(3) Authorization of the containers in which such waste
may be shipped, and a requirement that generators use only
that type of container authorized by the state;
(4) Assurance that inspections of the carriers which
transport such waste are conducted by proper authorities, and
appropriate enforcement action taken for violations;
(5) After receiving notification from a host state that a
generator within the party state is in violation of applicable
packaging or transportation standards, the party state will
take appropriate action to assure that such violations do not
recur. Such action may include inspection of every individual
low-level waste shipment by that generator.
Each party state may impose fees upon generators and
shippers to recover the cost of the inspections and other practices under this Article. Nothing in this Article shall be con(2004 Ed.)
43.145.010
strued to limit any party state's authority to impose additional
or more stringent standards on generators or carriers than
those required under this Article.
ARTICLE IV—Regional Facilities
Section 1. Facilities located in any party state, other than
facilities established or maintained by individual low-level
waste generators for the management of their own low-level
waste, shall accept low-level waste generated in any party
state if such waste has been packaged and transported according to applicable laws and regulations.
Section 2. No facility located in any party state may
accept low-level waste generated outside of the region comprised of the party states, except as provided in Article V.
Section 3. Until such time as Section 2 takes effect as
provided in Article VI, facilities located in any party state
may accept low-level waste generated outside of any of the
party states only if such waste is accompanied by a certificate
of compliance issued by an official of the state in which such
waste shipment originated. Such certificate shall be in such
form as may be required by the host state, and shall contain at
least the following:
(1) The generator's name and address;
(2) A description of the contents of the low-level waste
container;
(3) A statement that the low-level waste being shipped
has been inspected by the official who issued the certificate
or by his agent or by a representative of the United States
Nuclear Regulatory Commission, and found to have been
packaged in compliance with applicable federal regulations
and such additional requirements as may be imposed by the
host state;
(4) A binding agreement by the state of origin to reimburse any party state for any liability or expense incurred as a
result of an accidental release of such waste during shipment
or after such waste reaches the facility.
Section 4. Each party state shall cooperate with the other
party states in determining the appropriate site of any facility
that might be required within the region comprised of the
party states, in order to maximize public health and safety
while minimizing the use of any one party state as the host of
such facilities on a permanent basis. Each party state further
agrees that decisions regarding low-level waste management
facilities in their region will be reached through a good faith
process which takes into account the burdens borne by each
of the party states as well as the benefits each has received.
Section 5. The party states recognize that the issue of
hazardous chemical waste management is similar in many
respects to that of low-level waste management. Therefore, in
consideration of the state of Washington allowing access to
its low-level waste disposal facility by generators in other
party states, party states such as Oregon and Idaho which host
hazardous chemical waste disposal facilities will allow
access to such facilities by generators within other party
states. Nothing in this compact may be construed to prevent
any party state from limiting the nature and type of hazardous
chemical or low-level wastes to be accepted at facilities
within its borders or from ordering the closure or [of] such
facilities, so long as such action by a host state is applied
equally to all generators within the region composed of the
party states.
[Title 43 RCW—page 515]
43.145.020
Title 43 RCW: State Government—Executive
Section 6. Any host state may establish a schedule of
fees and requirements related to its facility, to assure that closure, perpetual care, and maintenance and contingency
requirements are met, including adequate bonding.
ARTICLE V—Northwest Low-level Waste
Compact Committee
The governor of each party state shall designate one official of that state as the person responsible for administration
of this compact. The officials so designated shall together
comprise the Northwest low-level waste compact committee.
The committee shall meet as required to consider matters
arising under this compact. The parties shall inform the committee of existing regulations concerning low-level waste
management in their states, and shall afford all parties a reasonable opportunity to review and comment upon any proposed modifications in such regulations. Notwithstanding
any provision of Article IV to the contrary, the committee
may enter into arrangements with states, provinces, individual generators, or regional compact entities outside the region
comprised of the party states for access to facilities on such
terms and conditions as the committee may deem appropriate. However, it shall require a two-thirds vote of all such
members, including the affirmative vote of the member of
any party state in which a facility affected by such arrangement is located, for the committee to enter into such arrangement.
ARTICLE VI—Eligible Parties and Effective Date
Section 1. Each of the following states is eligible to
become a party to this compact: Alaska, Hawaii, Idaho,
Montana, Oregon, Utah, Washington, and Wyoming. As to
any eligible party, this compact shall become effective upon
enactment into law by that party, but it shall not become initially effective until enacted into law by two states. Any party
state may withdraw from this compact by enacting a statute
repealing its approval.
Section 2. After the compact has initially taken effect
pursuant to Section 1, any eligible party state may become a
party to this compact by the execution of an executive order
by the governor of the state. Any state which becomes a party
in this manner shall cease to be a party upon the final adjournment of the next general or regular session of its legislature or
July 1, 1983, whichever occurs first, unless the compact has
by then been enacted as a statute by that state.
Section 3. Section 2 of Article IV of this compact shall
take effect on July 1, 1983, if consent is given by Congress.
As provided in Public Law 96-573, Congress may withdraw
its consent to the compact after every five-year period.
ARTICLE VII—Severability
If any provision of this compact, or its application to any
person or circumstance, is held to be invalid, all other provisions of this compact, and the application of all of its provisions to all other persons and circumstances, shall remain
valid; and to this end the provisions of this compact are severable. [1981 c 124 § 1.]
43.145.020
43.145.020 Requirements of Washington representative to Northwest low-level waste compact committee.
[Title 43 RCW—page 516]
The person designated as the Washington representative to
the committee as specified in Article V shall adhere to all
provisions of the low-level radioactive waste compact. In
considering special conditions or arrangements for access to
the state's facilities from wastes generated outside of the
region, the committee member shall ensure at a minimum,
that the provisions of Article IV, Section 3 are complied with.
After 1992 the Washington representative may approve
access to the state's facility only for the states currently members of the Rocky Mountain compact or states which generate
less than one thousand cubic feet of waste annually and are
contiguous with a state which is a member of the Northwest
compact. [1990 c 21 § 5; 1981 c 124 § 2.]
43.145.030
43.145.030 Rule-making authority.
43.200.070.
See RCW
Chapter 43.146 RCW
PACIFIC STATES AGREEMENT ON RADIOACTIVE
MATERIAL TRANSPORTATION MANAGEMENT
Chapter 43.146
Sections
43.146.010
43.146.900
Pacific States Agreement on Radioactive Materials Transportation Management.
Legislative directive—State designee.
43.146.010
43.146.010 Pacific States Agreement on Radioactive
Materials Transportation Management. The Pacific
States Agreement on Radioactive Materials Transportation
Management is hereby enacted into law and entered into by
the state of Washington as a party, and is in full force and
effect between the state and other states joining the agreement in accordance with its terms.
PACIFIC STATES AGREEMENT ON
RADIOACTIVE MATERIALS
TRANSPORTATION MANAGEMENT
ARTICLE I—Policy and Purpose
The party states recognize that protection of the health
and safety of citizens and the environment, and the most economical transportation of radioactive materials, can be
accomplished through cooperation and coordination among
neighboring states. It is the purpose of this agreement to
establish a committee comprised of representatives from each
party state to further cooperation between the states on emergency response and to coordinate activities by the states to
eliminate unnecessary duplication of rules and regulations
regarding the transportation and handling of radioactive
material.
The party states intend that this agreement facilitate both
interstate commerce and protection of public health and the
environment. To accomplish this goal, the party states direct
the committee to develop model regulatory standards for
party states to act upon and direct the committee to coordinate decisions by party states relating to the routing and
inspection of shipments of radioactive material.
ARTICLE II—Definitions
As used in this agreement:
(2004 Ed.)
Pacific States Agreement on Radioactive Material Transportation Management
(1) "Carrier" includes common, private, and contract carriers.
(2) "Hazardous material" means a substance or material
which has been determined by the United States department
of transportation to be capable of posing an unreasonable risk
to health, safety, and property when transported in commerce, and which has been so designated.
(3) "Radioactive material" has the meaning given that
term in federal department of transportation regulations
found in 49 C.F.R. Sec. 173, and includes, but is not limited
to, high-level radioactive waste, low-level radioactive waste,
and spent nuclear fuel, as defined in section 2 of the nuclear
waste policy act of 1982 (96 Stat. 2202; 42 U.S.C.A. Sec.
10101).
(4) "Transportation" means the transport by any means
of radioactive material destined for or derived from any location, and any loading, unloading, or storage incident to such
transport. "Transportation" does not include permanent storage or disposal of the material.
ARTICLE III—Regulatory Practices
Section 1. The party states agree to develop model standards, not in conflict with federal law or regulations, for carriers of radioactive material to provide information regarding:
(1) The amount and kind of material transported;
(2) The mode of transportation and, to the extent feasible, the route or routes and the time schedule;
(3) The carrier's compliance with local, state, and federal
rules and regulations related to radioactive material transportation;
(4) The carrier's compliance with federal and state liability insurance requirements.
Section 2. Consistent with federal law or regulations pertaining to transportation of radioactive material, the party
states also agree to:
(1) Develop model uniform procedures for issuing permits to carriers;
(2) Develop model uniform record-keeping processes
that allow access on demand by each state;
(3) Develop model uniform safety standards for carriers;
(4) Coordinate routing of shipments of radioactive materials;
(5) Develop a method for coordinating the party states'
emergency response plans to provide for regional emergency
response including (a) systems for sharing information essential to radiation control efforts, (b) systems for sharing emergency response personnel, and (c) a method to allocate costs
and clarify liability when a party state or its officers request
or render emergency response;
(6) Recommend parking requirements for motor vehicles
transporting radioactive materials;
(7) Coordinate state inspections of carriers; and
(8) Develop other cooperative arrangements and agreements to enhance safety.
Section 3. The party states also agree to coordinate emergency response training and preparedness drills among the
party states, Indian tribes, and affected political subdivisions
of the party states, and, if possible, with federal agencies.
Section 4. The party states recognize that the transportation management of hazardous waste and hazardous materi(2004 Ed.)
43.146.900
als is similar in many respects to that of radioactive materials.
The party states, therefore, agree to confer as to transportation management and emergency response for those items
where similarities in management exist.
ARTICLE IV—Pacific States Radioactive Materials
Transportation Committee
Section 1. Each party state shall designate one official of
that state to confer with appropriate legislative committees
and with other officials of that state responsible for managing
transportation of radioactive material and with affected
Indian tribes and be responsible for administration of this
agreement. The officials so designated shall together comprise the Pacific states radioactive materials transportation
committee. The committee shall meet as required to consider
and, where necessary, coordinate matters addressed in this
agreement. The parties shall inform the committee of existing
regulations concerning radioactive materials transportation
management in their states, and shall afford all parties a reasonable opportunity to review and comment upon any proposed modifications in such regulations.
Section 2. The committee may also engage in long-term
planning to assure safe and economical management of
radioactive material transportation on a continuing basis.
Section 3. To the extent practicable, the committee shall
coordinate its activities with those of other organizations.
ARTICLE V—Eligible Parties and Effective Date
Section 1. The states of Arizona, California, Colorado,
Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming are eligible to become a party to this
agreement. As to any eligible party, this agreement shall
become effective upon enactment into law by that party, but
it shall not become initially effective until enacted into law by
two states. Any party state may withdraw from this agreement by enacting a statute repealing its approval.
Section 2. After the agreement has initially taken effect
under section 1 of this article, any eligible party state may
become a party to this agreement by the execution of an executive order by the governor of the state. Any state which
becomes a party in this manner shall cease to be a party upon
the final adjournment of the next general or regular session of
its legislature or July 1, 1988, whichever occurs first, unless
the agreement has by then been enacted as a statute by that
state.
ARTICLE VI—Severability
If any provision of this agreement, or its application to
any person or circumstance, is held to be invalid, all other
provisions of this agreement, and the application of all of its
provisions to all other persons and circumstances, shall
remain valid; and to this end the provisions of this agreement
are severable. [1987 c 90 § 1.]
43.146.900
43.146.900 Legislative directive—State designee. (1)
Section 1 of this act shall constitute a new chapter in Title 43
RCW.
(2) The Washington state designee to the committee
shall be appointed by the governor. [1987 c 90 § 2.]
[Title 43 RCW—page 517]
Chapter 43.147
Chapter 43.147
Title 43 RCW: State Government—Executive
Chapter 43.147 RCW
PACIFIC NORTHWEST ECONOMIC
REGION AGREEMENT
Sections
43.147.010
43.147.020
43.147.030
43.147.040
43.147.050
43.147.060
43.147.070
43.147.080
Terms of agreement.
Finding.
Cooperative activities encouraged.
Interlibrary sharing—Finding.
Interlibrary sharing—Definition—Member libraries.
PNWER-Net working subgroup—Generally.
PNWER-Net working subgroup—Duties.
PNWER-Net working subgroup—Gifts, grants, donations.
43.147.010
43.147.010 Terms of agreement. The Pacific Northwest Economic Region is hereby enacted into law and
entered into by the state of Washington as a party, and is in
full force and effect in accordance with the terms of this
agreement.
THE PACIFIC NORTHWEST ECONOMIC REGION
ARTICLE I—Policy and Purpose
States and provinces participating in the Pacific Northwest Economic Region shall seek to develop and establish
policies that: Promote greater regional collaboration among
the seven entities; enhance the overall competitiveness of the
region in international and domestic markets; increase the
economic well-being of all citizens in the region; and
improve the quality of life of the citizens of the Pacific Northwest.
States and provinces recognize that there are many public policy areas in which cooperation and joint efforts would
be mutually beneficial. These areas include, but are not limited to: International trade; economic development; human
resources; the environment and natural resources; energy;
and education. Parties to this agreement shall work diligently
to establish collaborative activity in these and other appropriate policy areas where such cooperation is deemed worthwhile and of benefit to the participating entities. Participating
states and provinces also agree that there are areas in which
cooperation may not be feasible.
The substantive actions of the Pacific Northwest Economic Region may take the form of uniform legislation
enacted by two or more states and/or provinces or policy initiatives endorsed as appropriate by participating entities. It
shall not be necessary for all states and provinces to participate in each initiative.
ARTICLE II—Eligible Parties and Effective Date
Each of the following states and provinces is eligible to
become a party to this agreement: Alaska, Alberta, British
Columbia, Idaho, Montana, Oregon, and Washington. This
agreement establishing the Pacific Northwest Economic
Region shall become effective when it is executed by one
state, one province, and one additional state and/or province
in a form deemed appropriate by each entity. This agreement
shall continue in force and remain binding upon each state
and province until renounced by it. Renunciation of this
agreement must be preceded by sending one year's notice in
writing of intention to withdraw from the agreement to the
other parties to the agreement.
[Title 43 RCW—page 518]
ARTICLE III—Organizational Structure
Each state and province participating in this agreement
shall appoint representatives to the Pacific Northwest Economic Region. The organizational structure of the Pacific
Northwest Economic Region shall consist of the following:
A delegate council consisting of four legislators and the governor or governor's designee from each participating state and
four representatives and the premier or the premier's designee
from each participating province and an executive committee
consisting of one legislator from each participating state
and/or province who is a member of the delegate council and
four of the seven governors/premiers or their designees who
are members of the delegate council. The legislator members
of the executive committee from each state or province shall
be chosen by the legislator members of that state or province.
The four governor or premier members of the executive committee shall be chosen by the governors and premiers from
among the governors and premiers on the delegate council.
At least one of four members representing the governors and
premiers on the executive committee must be the premier of
a Canadian province. Policy committees may be established
to carry out further duties and responsibilities of the Pacific
Northwest Economic Region.
ARTICLE IV—Duties and Responsibilities
The delegate council shall have the following duties and
responsibilities: Facilitate the involvement of other government officials in the development and implementation of specific collaborative initiatives; work with policy-making committees in the development and implementation of specific
initiatives; approve general organizational policies developed
by the executive committee; provide final approval of the
annual budget and staffing structure for the Pacific Northwest
Economic Region developed by the executive committee;
and other duties and responsibilities as may be established in
the rules and regulations of the Pacific Northwest Economic
Region. The executive committee shall perform the following duties and responsibilities: Elect the president and vicepresident of the Pacific Northwest Economic Region;
approve and implement general organizational policies;
develop the annual budget; devise the annual action plan; act
as liaison with other public and private sector entities; review
the availability of, and if appropriate apply for, (1) tax
exempt status under the laws and regulations of the United
States or any state or subdivision thereof and (2) similar status under the laws and regulations of Canada or any province
or subdivision thereof, and approve such rules, regulations,
organizational policies, and staffing structure for the Pacific
Northwest Economic Region and take such further actions on
behalf of the Pacific Northwest Economic Region as may be
deemed by the executive committee to be necessary or appropriate to qualify for and maintain such tax exempt or similar
status under the applicable laws or regulations; and other
duties and responsibilities established in the rules and regulations of the Pacific Northwest Economic Region. The rules
and regulations of the Pacific Northwest Economic Region
shall establish the procedure for voting.
(2004 Ed.)
Pacific Northwest Economic Region Agreement
ARTICLE V—Membership of Policy Committees
Policy committees dealing with specific subject matter
may be established by the executive committee.
Each participating state and province shall appoint legislators and governors or premiers to sit on these committees in
accordance with its own rules and regulations concerning
such appointments.
ARTICLE VI—General Provisions
This agreement shall not be construed to limit the powers
of any state or province or to amend or repeal or prevent the
enactment of any legislation. [1993 c 108 § 1; 1991 c 251 §
2.]
43.147.020
43.147.020 Finding. The legislature finds that there is
a new emerging global economy in which countries and
regions located in specific areas of the world are forging new
cooperative arrangements.
The legislature finds that these new cooperative arrangements are increasing the competitiveness of the participating
countries and regions, thus increasing the economic benefits
and the overall quality of life for the citizens of the individual
countries and regions.
The legislature also finds that the Pacific Northwest
states of Alaska, Idaho, Montana, Oregon, and Washington
and the Canadian provinces of Alberta and British Columbia
are in a strategic position to act together, as a region, thus
increasing the overall competitiveness of the individual states
and provinces that will provide substantial economic benefits
for all of their citizens. [1991 c 251 § 1.]
43.147.030
43.147.030 Cooperative activities encouraged. It is
the intent of chapter 251, Laws of 1991 to direct and encourage the establishment of cooperative activities between the
seven legislative bodies of the region. The state representatives to the Pacific Northwest Economic Region shall work
through appropriate channels to advance consideration of
proposals developed by this body. [1991 c 251 § 3.]
43.147.040
43.147.040 Interlibrary sharing—Finding. In chapter
251, Laws of 1991, the legislature enacted into law the
Pacific Northwest economic region agreement and made the
state of Washington a party along with member states Alaska,
Idaho, Montana, and Oregon, and member Canadian provinces Alberta and British Columbia. The legislature recognized that the member states and provinces of the Pacific
Northwest economic region are in a strategic position to act
together, as a region, thus increasing the overall competitiveness of the members and providing substantial economic benefits for all of their citizens.
For those reasons, in chapter 251, Laws of 1991, the legislature also encouraged the establishment of cooperative
activities between the seven legislative bodies of the Pacific
Northwest economic region. The member states and provinces now desire to engage in such cooperation by electronically sharing twenty-two million volumes from certain of
their respective universities. The member states and provinces have determined that such interlibrary sharing will provide substantial economic benefit for their citizens. The legislature agrees, specifically also finding that such interlibrary
(2004 Ed.)
43.147.070
sharing furthers a major component of education strategy in
the 1990's and twenty-first century, namely providing
increased access to knowledge via technology. [1993 c 485 §
1.]
43.147.050
43.147.050 Interlibrary sharing—Definition—Member libraries. Unless the context clearly requires otherwise,
as used in RCW 43.147.040 through 43.147.080 "PNWERNet" means the technology network to be created by the
member states and provinces of the Pacific Northwest economic region that will be capable of electronically linking the
following undergraduate university libraries of the member
states and provinces:
(1) Alaska:
(a) University of Alaska, Anchorage;
(b) University of Alaska, Juneau;
(2) Alberta:
(a) University of Alberta, Calgary;
(b) University of Alberta, Edmonton;
(3) British Columbia:
(a) University of British Columbia, Vancouver;
(b) University of Victoria, Victoria;
(4) Idaho:
(a) Boise State University, Boise;
(b) University of Idaho, Moscow;
(5) Montana:
(a) Montana State University, Bozeman;
(b) University of Montana, Missoula;
(6) Oregon:
(a) Oregon State University, Corvallis;
(b) University of Oregon, Eugene;
(7) Washington:
(a) University of Washington, Seattle; and
(b) Washington State University, Pullman. [1993 c 485
§ 2.]
43.147.060
43.147.060 PNWER-Net working subgroup—Generally. (1) The PNWER-Net working subgroup is hereby created for the member state of Washington. The working subgroup shall be composed of seven members as follows: Two
members of the senate, one from each of the major caucuses,
appointed by the president of the senate; two members of the
house of representatives, appointed by the speaker of the
house of representatives; the state librarian; and the primary
undergraduate academic librarian from each of the state's two
research institutions of higher education.
(2) The staff support shall be provided by the senate
committee services and, to the extent authorized by the chief
clerk of the house of representatives, by the house of representatives office of program research as mutually agreed by
the legislators on the working group.
(3) Legislative members shall be reimbursed for
expenses in accordance with RCW 44.04.120. Nonlegislative
members shall be reimbursed for expenses in accordance
with RCW 43.03.050 and 43.03.060. [1993 c 485 § 3.]
43.147.070
43.147.070 PNWER-Net working subgroup—Duties.
The PNWER-Net working subgroup shall have the following
duties:
[Title 43 RCW—page 519]
43.147.080
Title 43 RCW: State Government—Executive
(1) To work with working subgroups from other member
states and provinces in an entity known as the PNWER-Net
working group to develop PNWER-Net; and
(2) To assist the PNWER-Net working group in developing criteria to ensure that designated member libraries use
existing telecommunications infrastructure including the
internet. [1998 c 245 § 49; 1993 c 485 § 4.]
43.147.080
43.147.080 PNWER-Net working subgroup—Gifts,
grants, donations. The PNWER-Net working group may
accept gifts, grants, and donations from private individuals
and entities made for the purposes of RCW 43.147.040
through 43.147.070. [1993 c 485 § 5.]
Chapter 43.150
Chapter 43.150 RCW
CENTER FOR VOLUNTEERISM AND
CITIZEN SERVICE
Sections
43.150.010
43.150.020
43.150.030
43.150.040
43.150.050
43.150.070
43.150.080
Legislative findings.
Short title.
Definitions.
Center for volunteerism and citizen service authorized—Coordinator—Staff.
Programs and activities authorized.
Receipt and expenditure of donations—Fees—Voluntary
action center fund created.
At-risk children—Collaborative program.
ties for community service and in developing the volunteer
and service ethic;
(j) While providing both tangible and intangible benefits,
volunteers in turn need respect and support for their efforts;
(k) The state itself, through the programs and services of
its agencies as well as through the provisions of law and rule
making, can and should provide a primary role and focus for
encouraging the ethic of citizen service and support for volunteer efforts and programs;
(l) Planned and coordinated recognition, information,
training, and technical assistance for volunteer and citizen
service efforts through a statewide center for voluntary action
have been proven to be effective means of multiplying the
resources volunteers bring to the needs of their communities;
and
(m) It is important that Washington state position itself
to raise volunteerism to the highest attainable levels, and
along with the private sector, become a voice in the role citizen service will take in providing solutions to societal needs.
(2) Therefore, the legislature, in recognition of these
findings, enacts the center for volunteerism and citizen service act to ensure that the state of Washington actively promotes the ethic of service and makes every appropriate effort
to encourage effective involvement of individuals in their
communities and of volunteers who supplement the services
of private, nonprofit community agencies and organizations,
agencies of local government throughout the state, and the
state government. [1992 c 66 § 1; 1982 1st ex.s. c 11 § 1.]
43.150.010
43.150.010 Legislative findings. (1) The legislature
finds that:
(a) Large numbers of Washington's citizens are actively
engaged in carrying forward the ethic of service and voluntary activities that benefit their citizens, their communities,
and the entire state;
(b) This contribution continues to provide the equivalent
of hundreds of millions of dollars in services that might otherwise create a need for additional tax collections;
(c) Many Washington citizens have yet to become fully
involved in the life of their communities; many societal needs
exist that could and should be met by new citizen service initiatives;
(d) The state of Washington needs to continue to encourage and expand the ethic of civic responsibility among its citizenry, through individuals working on their own, and
through local and statewide organizations, both governmental and private and nonprofit agencies;
(e) This ethic of citizen service benefits those who serve
and those who receive services; in both cases there is the betterment of all Washington communities;
(f) Public and private agencies depend in large measure
on the efforts of volunteers for the accomplishment of their
missions and actively seek to increase these efforts;
(g) State agencies can and should extend their service
delivery programs through the increased use of and support
for volunteers;
(h) The national and community service act of 1990 provides an opportunity for Washington to support citizen service and volunteer activities in Washington;
(i) Business, industry, communities, schools, and labor
in Washington state are increasingly interested in opportuni[Title 43 RCW—page 520]
43.150.020
43.150.020 Short title. This chapter may be known and
cited as the center for volunteerism and citizen service act.
[1992 c 66 § 2; 1982 1st ex.s. c 11 § 2.]
43.150.030
43.150.030 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Volunteer" means a person who is willing to work
without expectation of salary or financial reward and who
chooses where he or she provides services and the type of services he or she provides.
(2) "Center" means the state center for volunteerism and
citizen service. [1995 c 269 § 2301; 1992 c 66 § 3; 1982 1st
ex.s. c 11 § 3.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
43.150.040
43.150.040 Center for volunteerism and citizen service authorized—Coordinator—Staff. The governor may
establish a statewide center for volunteerism and citizen service within the department of community, trade, and economic development and appoint an executive administrator,
who may employ such staff as necessary to carry out the purposes of this chapter. The provisions of chapter 41.06 RCW
do not apply to the executive administrator and the staff.
[1995 c 399 § 84; 1992 c 66 § 4; 1985 c 6 § 11; 1982 1st ex.s.
c 11 § 4.]
43.150.050
43.150.050 Programs and activities authorized. The
center, working in cooperation with individuals, local groups,
(2004 Ed.)
Public Works Projects
and organizations throughout the state, may undertake any
program or activity for which funds are available which furthers the goals of this chapter. These programs and activities
may include, but are not limited to:
(1) Providing information about programs, activities,
and resources of value to volunteers and to organizations
operating or planning volunteer or citizen service programs;
(2) Sponsoring recognition events for outstanding individuals and organizations;
(3) Facilitating the involvement of business, industry,
government, and labor in community service and betterment;
(4) Organizing, or assisting in the organization of, training workshops and conferences;
(5) Publishing schedules of significant events, lists of
published materials, accounts of successful programs and
programming techniques, and other information concerning
the field of volunteerism and citizen service, and distributing
this information broadly;
(6) Reviewing the laws and rules of the state of Washington, and proposed changes therein, to determine their
impact on the success of volunteer activities and programs,
and recommending such changes as seem appropriate to
ensure the achievement of the goals of this chapter;
(7) Seeking funding sources for enhancing, promoting,
and supporting the ethic of service and facilitating or providing information to those organizations and agencies which
may benefit;
(8) Providing information about agencies and individuals who are working to prevent the spread of the human
immunodeficiency virus, as defined in chapter 70.24 RCW,
and to agencies and individuals who are working to provide
health and social services to persons with acquired immunodeficiency syndrome, as defined in chapter 70.24 RCW.
[1992 c 66 § 5; 1988 c 206 § 301; 1982 1st ex.s. c 11 § 5.]
Severability—1988 c 206: See RCW 70.24.900.
43.150.070
43.150.070 Receipt and expenditure of donations—
Fees—Voluntary action center fund created. (1) The center may receive such gifts, grants, and endowments from private or public sources as may be made from time to time, in
trust or otherwise, for the use and benefit of the purpose of
the center and expend the same or any income therefrom
according to the terms of the gifts, grants, or endowments.
The center may charge reasonable fees, or other appropriate
charges, for attendance at workshops and conferences, for
various publications and other materials which it is authorized to prepare and distribute for the purpose of defraying all
or part of the costs of those activities and materials.
(2) A fund known as the voluntary action center fund is
created, which consists of all gifts, grants, and endowments,
fees, and other revenues received pursuant to this chapter.
The state treasurer is the custodian of the fund. Disbursements from the fund shall be on authorization of the executive administrator of the center or the administrator's designee, and may be made for the following purposes to enhance
the capabilities of the center's activities, such as: (a) Reimbursement of center volunteers for travel expenses as provided in RCW 43.03.050 and 43.03.060; (b) publication and
distribution of materials involving volunteerism and citizen
service; (c) for other purposes designated in gifts, grants, or
(2004 Ed.)
43.155.010
endowments consistent with the purposes of this chapter. The
fund is subject to the allotment procedure provided under
chapter 43.88 RCW, but no appropriation is required for disbursements. [1992 c 66 § 7; 1982 1st ex.s. c 11 § 7.]
43.150.080
43.150.080 At-risk children—Collaborative program. A volunteer organization or individual volunteer may
assist a public agency, with the agency's approval, in a collaborative program designed to serve the needs of at-risk children. The center, with the advice and counsel of the attorney
general, shall develop guidelines defining at-risk children
and establish reasonable safety standards to protect the safety
of program participants and volunteers, including but not limited to background checks as appropriate as provided in
RCW 43.43.830 through 43.43.834. In carrying out the volunteer activity, the individual volunteer or member of the
volunteer organization shall not be considered to be an
employee or agent of any public agency involved in the collaborative program. The public agency shall have no liability
for any acts of the individual volunteer or volunteer organization. Prior to participation, a volunteer and the public agency
administering the collaborative program shall sign a written
master agreement, approved in form by the attorney general,
that includes provisions defining the scope of the volunteer
activities and waiving any claims against each other. A volunteer organization or individual volunteer shall not be liable
for civil damages resulting from any act or omission arising
from volunteer activities which comply with safety standards
issued by the center for volunteerism and citizen service,
other than acts or omissions constituting gross negligence or
willful or wanton misconduct. [1993 c 365 § 1.]
Chapter 43.155
Chapter 43.155 RCW
PUBLIC WORKS PROJECTS
Sections
43.155.010
43.155.020
43.155.030
43.155.040
43.155.050
43.155.055
43.155.060
43.155.065
43.155.068
43.155.070
43.155.075
43.155.080
43.155.090
43.155.100
Legislative findings and policy.
Definitions.
Public works board created.
General powers of the board.
Public works assistance account.
Water storage projects and water systems facilities subaccount.
Public works financing powers—Competitive bids on
projects.
Emergency public works projects.
Loans for preconstruction activities.
Eligibility, priority, limitations, and exceptions.
Loans for public works projects—Statement of environmental
benefits—Development of outcome-focused performance
measures.
Records and audits.
Loan agreements.
Water conservation account.
43.155.010
43.155.010 Legislative findings and policy. The legislature finds that there exists in the state of Washington over
four billion dollars worth of critical projects for the planning,
acquisition, construction, repair, replacement, rehabilitation,
or improvement of streets and roads, bridges, water systems,
and storm and sanitary sewage systems. The December, 1983
Washington state public works report prepared by the planning and community affairs agency documented that local
governments expect to be capable of financing over two bil[Title 43 RCW—page 521]
43.155.020
Title 43 RCW: State Government—Executive
lion dollars worth of the costs of those critical projects but
will not be able to fund nearly half of the documented needs.
The legislature further finds that Washington's local governments have unmet financial needs for solid waste disposal,
including recycling, and encourages the board to make an
equitable geographic distribution of the funds.
It is the policy of the state of Washington to encourage
self-reliance by local governments in meeting their public
works needs and to assist in the financing of critical public
works projects by making loans, financing guarantees, and
technical assistance available to local governments for these
projects. [1996 c 168 § 1; 1985 c 446 § 7.]
43.155.020
43.155.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section shall apply
throughout this chapter.
(1) "Board" means the public works board created in
RCW 43.155.030.
(2) "Capital facility plan" means a capital facility plan
required by the growth management act under chapter
36.70A RCW or, for local governments not fully planning
under the growth management act, a plan required by the
public works board.
(3) "Department" means the department of community,
trade, and economic development.
(4) "Financing guarantees" means the pledge of money
in the public works assistance account, or money to be
received by the public works assistance account, to the repayment of all or a portion of the principal of or interest on obligations issued by local governments to finance public works
projects.
(5) "Local governments" means cities, towns, counties,
special purpose districts, and any other municipal corporations or quasi-municipal corporations in the state excluding
school districts and port districts.
(6) "Public works project" means a project of a local
government for the planning, acquisition, construction,
repair, reconstruction, replacement, rehabilitation, or
improvement of streets and roads, bridges, water systems, or
storm and sanitary sewage systems and solid waste facilities,
including recycling facilities. A planning project may include
the compilation of biological, hydrological, or other data on a
county, drainage basin, or region necessary to develop a base
of information for a capital facility plan.
(7) "Solid waste or recycling project" means remedial
actions necessary to bring abandoned or closed landfills into
compliance with regulatory requirements and the repair, restoration, and replacement of existing solid waste transfer,
recycling facilities, and landfill projects limited to the opening of landfill cells that are in existing and permitted landfills.
(8) "Technical assistance" means training and other services provided to local governments to: (a) Help such local
governments plan, apply, and qualify for loans and financing
guarantees from the board, and (b) help local governments
improve their ability to plan for, finance, acquire, construct,
repair, replace, rehabilitate, and maintain public facilities.
[2001 c 131 § 1; 1996 c 168 § 2; 1995 c 399 § 85; 1985 c 446
§ 8.]
[Title 43 RCW—page 522]
43.155.030
43.155.030 Public works board created. (1) The public works board is hereby created.
(2) The board shall be composed of thirteen members
appointed by the governor for terms of four years, except that
five members initially shall be appointed for terms of two
years. The board shall include: (a) Three members, two of
whom shall be elected officials and one shall be a public
works manager, appointed from a list of at least six persons
nominated by the association of Washington cities or its successor; (b) three members, two of whom shall be elected officials and one shall be a public works manager, appointed
from a list of at least six persons nominated by the Washington state association of counties or its successor; (c) three
members appointed from a list of at least six persons nominated jointly by the Washington public utility districts association and a state association of water-sewer districts, or their
successors; and (d) four members appointed from the general
public. In appointing the four general public members, the
governor shall endeavor to balance the geographical composition of the board and to include members with special
expertise in relevant fields such as public finance, architecture and civil engineering, and public works construction.
The governor shall appoint one of the general public members of the board as chair. The term of the chair shall coincide
with the term of the governor.
(3) Staff support to the board shall be provided by the
department.
(4) Members of the board shall receive no compensation
but shall be reimbursed for travel expenses under RCW
43.03.050 and 43.03.060.
(5) If a vacancy on the board occurs by death, resignation, or otherwise, the governor shall fill the vacant position
for the unexpired term. Each vacancy in a position appointed
from lists provided by the associations under subsection (2)
of this section shall be filled from a list of at least three persons nominated by the relevant association or associations.
Any members of the board, appointive or otherwise, may be
removed by the governor for cause in accordance with RCW
43.06.070 and 43.06.080. [1999 c 153 § 58; 1985 c 446 § 9.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
43.155.040
43.155.040 General powers of the board. The board
may:
(1) Accept from any state or federal agency, loans or
grants for the planning or financing of any public works
project and enter into agreements with any such agency concerning the loans or grants;
(2) Provide technical assistance to local governments;
(3) Accept any gifts, grants, or loans of funds, property,
or financial or other aid in any form from any other source on
any terms and conditions which are not in conflict with this
chapter;
(4) Adopt rules under chapter 34.05 RCW as necessary
to carry out the purposes of this chapter;
(5) Do all acts and things necessary or convenient to
carry out the powers expressly granted or implied under this
chapter. [1985 c 446 § 10.]
43.155.050
43.155.050 Public works assistance account. The
public works assistance account is hereby established in the
(2004 Ed.)
Public Works Projects
state treasury. Money may be placed in the public works
assistance account from the proceeds of bonds when authorized by the legislature or from any other lawful source.
Money in the public works assistance account shall be used to
make loans and to give financial guarantees to local governments for public works projects. Moneys in the account may
also be appropriated to provide for state match requirements
under federal law for projects and activities conducted and
financed by the board under the drinking water assistance
account. Not more than fifteen percent of the biennial capital
budget appropriation to the public works board from this
account may be expended or obligated for preconstruction
loans, emergency loans, or loans for capital facility planning
under this chapter; of this amount, not more than ten percent
of the biennial capital budget appropriation may be expended
for emergency loans and not more than one percent of the
biennial capital budget appropriation may be expended for
capital facility planning loans. [2001 c 131 § 2. Prior: 1995
2nd sp.s. c 18 § 918; 1995 c 376 § 11; 1993 sp.s. c 24 § 921;
1985 c 471 § 8.]
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Findings—1995 c 376: See note following RCW 70.116.060.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.310.020.
Severability—Effective date—1985 c 471: See notes following RCW
82.04.260.
43.155.068
(2) Pledge money in the public works assistance account,
or money to be received by the public works assistance
account, to the repayment of all or a portion of the principal
of or interest on obligations issued by local governments to
finance public works projects. The board shall not pledge any
amount greater than the sum of money in the public works
assistance account plus money to be received from the payment of the debt service on loans made from that account, nor
shall the board pledge the faith and credit or the taxing power
of the state or any agency or subdivision thereof to the repayment of obligations issued by any local government.
(3) Create such subaccounts in the public works assistance account as the board deems necessary to carry out the
purposes of this chapter.
(4) Provide a method for the allocation of loans and
financing guarantees and the provision of technical assistance
under this chapter.
All local public works projects aided in whole or in part
under the provisions of this chapter shall be put out for competitive bids, except for emergency public works under RCW
43.155.065 for which the recipient jurisdiction shall comply
with this requirement to the extent feasible and practicable.
The competitive bids called for shall be administered in the
same manner as all other public works projects put out for
competitive bidding by the local governmental entity aided
under this chapter. [1988 c 93 § 2; 1985 c 446 § 11.]
43.155.065
43.155.055
43.155.055 Water storage projects and water systems
facilities subaccount. (1) A subaccount is created in the
public works assistance account to receive money to fund the
following projects: (a) Water storage projects; and (b) water
systems facilities.
(2) The projects listed in subsection (1) of this section
must comply with the competitive bid requirements of RCW
43.155.060.
(3) The subaccount created in subsection (1) of this section shall receive amounts appropriated to it for purposes of
distributing these moneys as grants for water storage projects
and water systems facilities projects as provided in the appropriation and this section. This subaccount shall be administered by the board and shall be separate from the other programs managed by the board under this chapter.
(4) The subaccount created in this section shall be known
as the water storage projects and water systems facilities subaccount of the public works assistance account. [2003 c 330
§ 1.]
43.155.060
43.155.060 Public works financing powers—Competitive bids on projects. In order to aid the financing of
public works projects, the board may:
(1) Make low-interest or interest-free loans to local governments from the public works assistance account or other
funds and accounts for the purpose of assisting local governments in financing public works projects. The board may
require such terms and conditions and may charge such rates
of interest on its loans as it deems necessary or convenient to
carry out the purposes of this chapter. Money received from
local governments in repayment of loans made under this
section shall be paid into the public works assistance account
for uses consistent with this chapter.
(2004 Ed.)
43.155.065 Emergency public works projects. The
board may make low-interest or interest-free loans to local
governments for emergency public works projects. Emergency public works projects shall include the construction,
repair, reconstruction, replacement, rehabilitation, or
improvement of a public water system that is in violation of
health and safety standards and is being operated by a local
government on a temporary basis. The loans may be used to
help fund all or part of an emergency public works project
less any reimbursement from any of the following sources:
(1) Federal disaster or emergency funds, including funds
from the federal emergency management agency; (2) state
disaster or emergency funds; (3) insurance settlements; or (4)
litigation. [2001 c 131 § 3; 1990 c 133 § 7; 1988 c 93 § 1.]
Findings—Severability—1990 c 133: See notes following RCW
36.94.140.
43.155.068
43.155.068 Loans for preconstruction activities. (1)
The board may make low-interest or interest-free loans to
local governments for preconstruction activities on public
works projects before the legislature approves the construction phase of the project. Preconstruction activities include
design, engineering, bid-document preparation, environmental studies, right of way acquisition, and other preliminary
phases of public works projects as determined by the board.
The purpose of the loans authorized in this section is to accelerate the completion of public works projects by allowing
preconstruction activities to be performed before the
approval of the construction phase of the project by the legislature.
(2) Projects receiving loans for preconstruction activities
under this section must be evaluated using the priority process and factors in *RCW 43.155.070(2). The receipt of a
loan for preconstruction activities does not ensure the receipt
[Title 43 RCW—page 523]
43.155.070
Title 43 RCW: State Government—Executive
of a construction loan for the project under this chapter. Construction loans for projects receiving a loan for preconstruction activities under this section are subject to legislative
approval under *RCW 43.155.070 (4) and (5). The board
shall adopt a single application process for local governments
seeking both a loan for preconstruction activities under this
section and a construction loan for the project. [2001 c 131 §
4; 1995 c 363 § 2.]
*Reviser's note: RCW 43.155.070 was amended by 1999 c 164 § 602,
changing subsections (2), (4), and (5) to subsections (4), (6), and (7), respectively.
Finding—Purpose—1995 c 363: "The legislature finds that there continues to exist a great need for capital projects to plan, acquire, design, construct, and repair local government streets, roads, bridges, water systems,
and storm and sanitary sewage systems. It is the purpose of this act to accelerate the construction of these projects under the public works assistance
program." [1995 c 363 § 1.]
43.155.070
43.155.070 Eligibility, priority, limitations, and
exceptions. (1) To qualify for loans or pledges under this
chapter the board must determine that a local government
meets all of the following conditions:
(a) The city or county must be imposing a tax under
chapter 82.46 RCW at a rate of at least one-quarter of one
percent;
(b) The local government must have developed a capital
facility plan; and
(c) The local government must be using all local revenue
sources which are reasonably available for funding public
works, taking into consideration local employment and economic factors.
(2) Except where necessary to address a public health
need or substantial environmental degradation, a county, city,
or town planning under RCW 36.70A.040 must have adopted
a comprehensive plan, including a capital facilities plan element, and development regulations as required by RCW
36.70A.040. This subsection does not require any county,
city, or town planning under RCW 36.70A.040 to adopt a
comprehensive plan or development regulations before
requesting or receiving a loan or loan guarantee under this
chapter if such request is made before the expiration of the
time periods specified in RCW 36.70A.040. A county, city,
or town planning under RCW 36.70A.040 which has not
adopted a comprehensive plan and development regulations
within the time periods specified in RCW 36.70A.040 is not
prohibited from receiving a loan or loan guarantee under this
chapter if the comprehensive plan and development regulations are adopted as required by RCW 36.70A.040 before
submitting a request for a loan or loan guarantee.
(3) In considering awarding loans for public facilities to
special districts requesting funding for a proposed facility
located in a county, city, or town planning under RCW
36.70A.040, the board shall consider whether the county,
city, or town planning under RCW 36.70A.040 in whose
planning jurisdiction the proposed facility is located has
adopted a comprehensive plan and development regulations
as required by RCW 36.70A.040.
(4) The board shall develop a priority process for public
works projects as provided in this section. The intent of the
priority process is to maximize the value of public works
projects accomplished with assistance under this chapter. The
board shall attempt to assure a geographical balance in
[Title 43 RCW—page 524]
assigning priorities to projects. The board shall consider at
least the following factors in assigning a priority to a project:
(a) Whether the local government receiving assistance
has experienced severe fiscal distress resulting from natural
disaster or emergency public works needs;
(b) Whether the project is critical in nature and would
affect the health and safety of a great number of citizens;
(c) The cost of the project compared to the size of the
local government and amount of loan money available;
(d) The number of communities served by or funding the
project;
(e) Whether the project is located in an area of high
unemployment, compared to the average state unemployment;
(f) Whether the project is the acquisition, expansion,
improvement, or renovation by a local government of a public water system that is in violation of health and safety standards, including the cost of extending existing service to such
a system;
(g) The relative benefit of the project to the community,
considering the present level of economic activity in the community and the existing local capacity to increase local economic activity in communities that have low economic
growth; and
(h) Other criteria that the board considers advisable.
(5) Existing debt or financial obligations of local governments shall not be refinanced under this chapter. Each local
government applicant shall provide documentation of
attempts to secure additional local or other sources of funding
for each public works project for which financial assistance is
sought under this chapter.
(6) Before November 1 of each year, the board shall
develop and submit to the appropriate fiscal committees of
the senate and house of representatives a description of the
loans made under RCW 43.155.065, 43.155.068, and subsection (9) of this section during the preceding fiscal year and a
prioritized list of projects which are recommended for funding by the legislature, including one copy to the staff of each
of the committees. The list shall include, but not be limited to,
a description of each project and recommended financing, the
terms and conditions of the loan or financial guarantee, the
local government jurisdiction and unemployment rate, demonstration of the jurisdiction's critical need for the project and
documentation of local funds being used to finance the public
works project. The list shall also include measures of fiscal
capacity for each jurisdiction recommended for financial
assistance, compared to authorized limits and state averages,
including local government sales taxes; real estate excise
taxes; property taxes; and charges for or taxes on sewerage,
water, garbage, and other utilities.
(7) The board shall not sign contracts or otherwise financially obligate funds from the public works assistance
account before the legislature has appropriated funds for a
specific list of public works projects. The legislature may
remove projects from the list recommended by the board. The
legislature shall not change the order of the priorities recommended for funding by the board.
(8) Subsection (7) of this section does not apply to loans
made under RCW 43.155.065, 43.155.068, and subsection
(9) of this section.
(2004 Ed.)
Industrial Projects of Statewide Significance
(9) Loans made for the purpose of capital facilities plans
shall be exempted from subsection (7) of this section.
(10) To qualify for loans or pledges for solid waste or
recycling facilities under this chapter, a city or county must
demonstrate that the solid waste or recycling facility is consistent with and necessary to implement the comprehensive
solid waste management plan adopted by the city or county
under chapter 70.95 RCW. [2001 c 131 § 5; 1999 c 164 §
602; 1997 c 429 § 29; 1996 c 168 § 3; 1995 c 363 § 3; 1993 c
39 § 1; 1991 sp.s. c 32 § 23; 1990 1st ex.s. c 17 § 82; 1990 c
133 § 6; 1988 c 93 § 3; 1987 c 505 § 40; 1985 c 446 § 12.]
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Savings—1999 c 164 §§ 301-303, 305, 306, and 601-603: See note following RCW 82.60.020.
Effective date—1997 c 429 §§ 29, 30: "Sections 29 and 30 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [May 19, 1997]." [1997 c 429 § 55.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Purpose—1995 c 363: See note following RCW
43.155.068.
Effective date—1993 c 39: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 39 § 2.]
43.157.010
water conservation under 16 U.S.C. Sec. 3831 shall be deposited in the account. In addition, the legislature may appropriate money to the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures. Expenditures from the account
shall be used for the development and support of water conservation as defined by 16 U.S.C. Sec. 3831. Only the public
works board or its designee may make expenditures from the
account. [2002 c 329 § 11.]
Effective date—2002 c 329 § 11: "Section 11 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes
effect immediately [April 3, 2002]." [2002 c 329 § 12.]
Chapter 43.157
Chapter 43.157 RCW
INDUSTRIAL PROJECTS OF
STATEWIDE SIGNIFICANCE
Sections
43.157.005
43.157.010
43.157.020
43.157.030
Declaration.
Definitions.
Expediting completion of industrial projects of statewide significance—Requirements of agreements.
Application for designation—Project facilitator or coordinator.
43.157.005
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Intent—1990 1st ex.s. c 17: See note following RCW 43.210.010.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Findings—Severability—1990 c 133: See notes following RCW
36.94.140.
43.155.075
43.155.075 Loans for public works projects—Statement of environmental benefits—Development of outcome-focused performance measures. In providing loans
for public works projects, the board shall require recipients to
incorporate the environmental benefits of the project into
their applications, and the board shall utilize the statement of
environmental benefits in its prioritization and selection process. The board shall also develop appropriate outcomefocused performance measures to be used both for management and performance assessment of the loan program. To
the extent possible, the department should coordinate its performance measure system with other natural resource-related
agencies as defined in RCW 43.41.270. The board shall consult with affected interest groups in implementing this section. [2001 c 227 § 10.]
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
43.155.080
43.155.080 Records and audits. The board shall keep
proper records of accounts and shall be subject to audit by the
state auditor. [1987 c 505 § 41; 1985 c 446 § 13.]
43.155.090
43.155.090 Loan agreements. Loans from the public
works assistance account under this chapter shall be made by
loan agreement under chapter 39.69 RCW. [1987 c 19 § 6.]
43.155.100
43.155.100 Water conservation account. The water
conservation account is created in the custody of the state
treasurer. All receipts from federal funding dedicated to
(2004 Ed.)
43.157.005 Declaration. The legislature declares that
certain industrial investments merit special designation and
treatment by governmental bodies when they are proposed.
Such investments bolster the economies of their locale and
impact the economy of the state as a whole. It is the intention
of the legislature to recognize industrial projects of statewide
significance and to encourage local governments and state
agencies to expedite their completion. [1997 c 369 § 1.]
43.157.010
43.157.010 Definitions. (1) For purposes of this chapter
and R CW 28 A.5 25 .16 6, 2 8B .76 .2 10 , 28 C.1 8.0 80 ,
43.21A.350, 47.06.030, and 90.58.100 and an industrial
project of statewide significance is a border crossing project
that involves both private and public investments carried out
in conjunction with adjacent states or provinces or a private
industrial development with private capital investment in
manufacturing or research and development. To qualify as
an industrial project of statewide significance: (a) The
project must be completed after January 1, 1997; (b) the
applicant must submit an application for designation as an
industrial project of statewide significance to the department
of community, trade, and economic development; and (c) the
project must have:
(i) In counties with a population of less than or equal to
twenty thousand, a capital investment of twenty million dollars;
(ii) In counties with a population of greater than twenty
thousand but no more than fifty thousand, a capital investment of fifty million dollars;
(iii) In counties with a population of greater than fifty
thousand but no more than one hundred thousand, a capital
investment of one hundred million dollars;
(iv) In counties with a population of greater than one
hundred thousand but no more than two hundred thousand, a
capital investment of two hundred million dollars;
[Title 43 RCW—page 525]
43.157.020
Title 43 RCW: State Government—Executive
(v) In counties with a population of greater than two hundred thousand but no more than four hundred thousand, a
capital investment of four hundred million dollars;
(vi) In counties with a population of greater than four
hundred thousand but no more than one million, a capital
investment of six hundred million dollars;
(vii) In counties with a population of greater than one
million, a capital investment of one billion dollars;
(viii) In counties with fewer than one hundred persons
per square mile as determined annually by the office of financial management and published by the department of revenue
effective for the period July 1st through June 30th, projected
full-time employment positions after completion of construction of fifty or greater;
(ix) In counties with one hundred or more persons per
square mile as determined annually by the office of financial
management and published by the department of revenue
effective for the period July 1st through June 30th, projected
full-time employment positions after completion of construction of one hundred or greater; or
(x) Been designated by the director of community, trade,
and economic development as an industrial project of statewide significance either: (A) Because the county in which
the project is to be located is a distressed county and the economic circumstances of the county merit the additional assistance such designation will bring; or (B) because the impact
on a region due to the size and complexity of the project merits such designation.
(2) The term manufacturing shall have the meaning
assigned it in RCW 82.61.010.
(3) The term research and development shall have the
meaning assigned it in RCW 82.61.010.
(4) The term applicant means a person applying to the
department of community, trade, and economic development
for designation of a development project as an industrial
project of statewide significance. [2004 c 275 § 63; 2003 c
54 § 1; 1997 c 369 § 2.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
43.157.030
43.157.030 Application for designation—Project
facilitator or coordinator. (1) The department of community, trade, and economic development shall:
(a) Develop an application for designation of development projects as industrial projects of statewide significance.
The application must be accompanied by a letter of approval
from the legislative authority of any jurisdiction that will
have the proposed industrial project of statewide significance
within its boundaries. No designation of a project as an
industrial project of statewide significance shall be made
without such letter of approval. The letter of approval must
state that the jurisdiction joins in the request for the designation of the project as one of statewide significance and has or
will hire the professional staff that will be required to expedite the processes necessary to the completion of an industrial
project of statewide significance. The application shall contain information regarding the location of the project, the
applicant's average employment in the state for the prior year,
estimated new employment related to the project, estimated
wages of employees related to the project, estimated time
schedules for completion and operation, and other information required by the department; and
(b) Certify that the project meets or will meet the
requirements of RCW 43.157.010 regarding designation as
an industrial project of statewide significance.
(2) The office of permit assistance shall assign a project
facilitator or coordinator to each industrial project of statewide significance to: (a) Assist in the scoping and coordinating functions provided for in chapter 43.42 RCW; (b) assemble a team of state and local government and private officials
to help meet the planning, permitting, and development needs
of each project, which team shall include those responsible
for planning, permitting and licensing, infrastructure development, work force development services including higher
education, transportation services, and the provision of utilities; and (c) work with each team member to expedite their
actions in furtherance of the project. [2003 c 54 § 3; 1997 c
369 § 4.]
Chapter 43.160 RCW
ECONOMIC DEVELOPMENT—PUBLIC
FACILITIES LOANS AND GRANTS
Chapter 43.160
43.157.020
43.157.020 Expediting completion of industrial
projects of statewide significance—Requirements of
agreements. Counties and cities with projects designated as
industrial projects of statewide significance within their jurisdictions shall enter into an agreement with the office of permit assistance and the project managers of industrial projects
of statewide significance for expediting the completion of
industrial projects of statewide significance. The agreement
shall require:
(1) Expedited permit processing for the design and construction of the project;
(2) Expedited environmental review processing;
(3) Expedited processing of requests for street, right of
way, or easement vacations necessary for the construction of
the project; and
(4) Such other items as are deemed necessary by the
office of permit assistance for the design and construction of
the project. [2003 c 54 § 2; 1997 c 369 § 3.]
[Title 43 RCW—page 526]
Sections
43.160.010
43.160.010
43.160.020
43.160.030
43.160.035
43.160.040
43.160.050
43.160.060
43.160.070
43.160.074
43.160.076
43.160.077
43.160.078
43.160.080
Legislative declaration (as amended by 1999 c 94).
Legislative declaration (as amended by 1999 c 164).
Definitions.
Community economic revitalization board—Members—
Terms—Chair, vice-chair—Management services—Travel
expenses—Vacancies—Removal.
Designees for board members.
Conflicts of interest—Code of ethics.
Powers of board.
Loans and grants to political subdivisions and federally recognized Indian tribes for public facilities authorized—Application—Requirements for financial assistance.
Conditions.
Application—Request for improvements to existing highways—Procedures.
Financial assistance in rural counties or natural resources
impact areas.
Applications—Processing of recyclable materials—Department of ecology notice.
Board to familiarize government officials and public with
chapter provisions.
Public facilities construction loan revolving account.
(2004 Ed.)
Economic Development—Public Facilities Loans and Grants
43.160.085
43.160.090
43.160.100
43.160.115
43.160.120
43.160.130
43.160.140
43.160.150
43.160.160
43.160.170
43.160.180
43.160.200
43.160.210
43.160.220
43.160.900
43.160.901
43.160.902
Annual transfer of funds from public works assistance account
to public facilities construction loan revolving account.
Records—Audits.
Status of board.
Cooperation with Washington state development loan fund
committee required—Transfer of funds.
Commingling of funds prohibited.
Personal liability.
Accounts.
Faith and credit not pledged.
Security.
Special reserve account.
Private activity bond subcommittee.
Economic development account—Eligibility for assistance.
Distressed counties—Twenty percent of financial assistance.
Distressed county public facilities construction loan account.
Community economic revitalization board—Implementation
of chapter—Report to legislature.
Severability—1982 1st ex.s. c 40.
Captions not part of law—1984 c 257.
Public disclosure: RCW 42.17.310.
43.160.010
43.160.010 Legislative declaration (as amended by 1999 c 94). (1)
The legislature finds that it is the public policy of the state of Washington to
direct financial resources toward the fostering of economic development
through the stimulation of investment and job opportunities and the retention
of sustainable existing employment for the general welfare of the inhabitants
of the state. Reducing unemployment and reducing the time citizens remain
jobless is important for the economic welfare of the state. A valuable means
of fostering economic development is the construction of public facilities
which contribute to the stability and growth of the state's economic base.
Strengthening the economic base through issuance of industrial development
bonds, whether single or umbrella, further serves to reduce unemployment.
Consolidating issues of industrial development bonds when feasible to
reduce costs additionally advances the state's purpose to improve economic
vitality. Expenditures made for these purposes as authorized in this chapter
are declared to be in the public interest, and constitute a proper use of public
funds. A community economic revitalization board is needed which shall aid
the development of economic opportunities. The general objectives of the
board should include:
(a) Strengthening the economies of areas of the state which have
experienced or are expected to experience chronically high unemployment
rates or below average growth in their economies;
(b) Encouraging the diversification of the economies of the state and
regions within the state in order to provide greater seasonal and cyclical stability of income and employment;
(c) Encouraging wider access to financial resources for both large and
small industrial development projects;
(d) Encouraging new economic development or expansions to maximize employment;
(e) Encouraging the retention of viable existing firms and employment;
and
(f) Providing incentives for expansion of employment opportunities for
groups of state residents that have been less successful relative to other
groups in efforts to gain permanent employment.
(2) The legislature also finds that the state's economic development
efforts can be enhanced by, in certain instances, providing funds to improve
state highways in the vicinity of new industries considering locating in this
state or existing industries that are considering significant expansion.
(a) The legislature finds it desirable to provide a process whereby the
need for diverse public works improvements necessitated by planned economic development can be addressed in a timely fashion and with coordination among all responsible governmental entities.
(b) ((It is the intent of the legislature to create an economic development account within the motor vehicle fund from which expenditures can be
made by the department of transportation for state highway improvements
necessitated by planned economic development. All such)) Transportation
improvements ((must first be)) on state highways that have been approved by
the ((state transportation commission and the)) community economic revitalization board must be approved by the transportation commission in accordance with the procedures established by RCW 43.160.074 and 47.01.280 to
receive funding. ((It is further the intent of the legislature that such improvements not jeopardize any other planned highway construction projects. The
improvements are intended to be of limited size and cost, and to include such
items as additional turn lanes, signalization, illumination, and safety
improvements.))
(2004 Ed.)
43.160.010
(3) The legislature also finds that the state's economic development
efforts can be enhanced by providing funds to improve markets for those
recyclable materials representing a large fraction of the waste stream. The
legislature finds that public facilities which result in private construction of
processing or remanufacturing facilities for recyclable materials are eligible
for consideration from the board.
(4) The legislature finds that sharing economic growth statewide is
important to the welfare of the state. Rural natural resource impact areas do
not share in the economic vitality of the Puget Sound region. Infrastructure
is one of several ingredients that are critical for economic development.
Rural natural resource impact areas generally lack the infrastructure necessary to diversify and revitalize their economies. It is, therefore, the intent of
the legislature to increase the availability of funds to help provide infrastructure to rural natural resource impact areas. [1999 c 94 § 5; 1996 c 51 § 1;
1991 c 314 § 21; 1989 c 431 § 61; 1987 c 422 § 1; 1984 c 257 § 1; 1982 1st
ex.s. c 40 § 1.]
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
43.160.010
43.160.010 Legislative declaration (as amended by 1999 c 164). (1)
The legislature finds that it is the public policy of the state of Washington to
direct financial resources toward the fostering of economic development
through the stimulation of investment and job opportunities and the retention
of sustainable existing employment for the general welfare of the inhabitants
of the state. Reducing unemployment and reducing the time citizens remain
jobless is important for the economic welfare of the state. A valuable means
of fostering economic development is the construction of public facilities
which contribute to the stability and growth of the state's economic base.
Strengthening the economic base through issuance of industrial development
bonds, whether single or umbrella, further serves to reduce unemployment.
Consolidating issues of industrial development bonds when feasible to
reduce costs additionally advances the state's purpose to improve economic
vitality. Expenditures made for these purposes as authorized in this chapter
are declared to be in the public interest, and constitute a proper use of public
funds. A community economic revitalization board is needed which shall aid
the development of economic opportunities. The general objectives of the
board should include:
(a) Strengthening the economies of areas of the state which have
experienced or are expected to experience chronically high unemployment
rates or below average growth in their economies;
(b) Encouraging the diversification of the economies of the state and
regions within the state in order to provide greater seasonal and cyclical stability of income and employment;
(c) Encouraging wider access to financial resources for both large and
small industrial development projects;
(d) Encouraging new economic development or expansions to maximize employment;
(e) Encouraging the retention of viable existing firms and employment;
and
(f) Providing incentives for expansion of employment opportunities for
groups of state residents that have been less successful relative to other
groups in efforts to gain permanent employment.
(2) The legislature also finds that the state's economic development
efforts can be enhanced by, in certain instances, providing funds to improve
state highways ((in the vicinity of new)), county roads, or city streets for
industries considering locating or expanding in this state ((or existing industries that are considering significant expansion)).
(a) The legislature finds it desirable to provide a process whereby the
need for diverse public works improvements necessitated by planned economic development can be addressed in a timely fashion and with coordination among all responsible governmental entities.
(b) ((It is the intent of the legislature to create an economic development account within the motor vehicle fund from which expenditures can be
made by the department of transportation for state highway improvements
necessitated by planned economic development.)) All ((such)) transportation improvements on state highways must first be approved by the state
transportation commission and the community economic revitalization
board in accordance with the procedures established by RCW 43.160.074
and 47.01.280. ((It is further the intent of the legislature that such improvements not jeopardize any other planned highway construction projects. The
improvements are intended to be of limited size and cost, and to include such
items as additional turn lanes, signalization, illumination, and safety
improvements.))
(3) The legislature also finds that the state's economic development
efforts can be enhanced by, in certain instances, providing funds to assist
[Title 43 RCW—page 527]
43.160.020
Title 43 RCW: State Government—Executive
development of telecommunications infrastructure that supports business
development, retention, and expansion in rural natural resources impact
areas and rural counties of the state.
(4) The legislature also finds that the state's economic development
efforts can be enhanced by providing funds to improve markets for those
recyclable materials representing a large fraction of the waste stream. The
legislature finds that public facilities which result in private construction of
processing or remanufacturing facilities for recyclable materials are eligible
for consideration from the board.
(((4))) (5) The legislature finds that sharing economic growth statewide
is important to the welfare of the state. Rural counties and rural natural
resources impact areas do not share in the economic vitality of the Puget
Sound region. The ability of these communities to pursue business and job
retention, expansion, and development opportunities depends on their capacity to ready necessary economic development project plans, sites, permits,
and infrastructure for private investments. Project-specific planning, predevelopment, and infrastructure ((is one of several)) are critical ingredients
((that are critical)) for economic development. Rural counties and rural natural resources impact areas generally lack ((the infrastructure)) these necessary tools and resources to diversify and revitalize their economies. It is,
therefore, the intent of the legislature to increase the ((availability of funds to
help provide infrastructure to rural natural resource impact areas)) amount of
funding available through the community economic revitalization board for
rural counties and rural natural resources impact areas, and to authorize flexibility for available resources in these areas to help fund planning, predevelopment, and construction costs of infrastructure and facilities and sites that
foster economic vitality and diversification. [1999 c 164 § 101; 1996 c 51 §
1; 1991 c 314 § 21; 1989 c 431 § 61; 1987 c 422 § 1; 1984 c 257 § 1; 1982
1st ex.s. c 40 § 1.]
Reviser's note: RCW 43.160.010 was amended twice during the 1999
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Findings—Intent—1999 c 164: "The legislature finds that while
Washington's economy is currently prospering, economic growth continues
to be uneven, particularly as between metropolitan and rural areas. This has
created in effect two Washingtons. One afflicted by inadequate infrastructure
to support and attract investment, another suffering from congestion and
soaring housing prices. In order to address these problems, the legislature
intends to use resources strategically to build on our state's strengths while
addressing threats to our prosperity." [1999 c 164 § 1.]
Part headings and subheadings not law—1999 c 164: "Part headings
and subheadings used in this act are not any part of the law." [1999 c 164 §
801.]
Effective date—1999 c 164: "This act takes effect August 1, 1999."
[1999 c 164 § 802.]
Severability—1999 c 164: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1999 c 164 § 804.]
Severability—1996 c 51: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1996 c 51 § 11.]
Effective dates—1996 c 51: "(1) Sections 1 through 9 and 11 of this act
shall take effect July 1, 1996.
(2) Section 10 of this act shall take effect June 30, 1997." [1996 c 51 §
12.]
Findings—1991 c 314: See note following RCW 43.160.020.
Severability—Section captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
43.160.020
43.160.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the community economic revitalization board.
(2) "Bond" means any bond, note, debenture, interim
certificate, or other evidence of financial indebtedness issued
by the board pursuant to this chapter.
[Title 43 RCW—page 528]
(3) "Department" means the department of community,
trade, and economic development.
(4) "Financial institution" means any bank, savings and
loan association, credit union, development credit corporation, insurance company, investment company, trust company, savings institution, or other financial institution
approved by the board and maintaining an office in the state.
(5) "Industrial development facilities" means "industrial
development facilities" as defined in RCW 39.84.020.
(6) "Industrial development revenue bonds" means taxexempt revenue bonds used to fund industrial development
facilities.
(7) "Local government" or "political subdivision" means
any port district, county, city, town, special purpose district,
and any other municipal corporations or quasi-municipal corporations in the state providing for public facilities under this
chapter.
(8) "Sponsor" means any of the following entities which
customarily provide service or otherwise aid in industrial or
other financing and are approved as a sponsor by the board:
A bank, trust company, savings bank, investment bank,
national banking association, savings and loan association,
building and loan association, credit union, insurance company, or any other financial institution, governmental agency,
or holding company of any entity specified in this subsection.
(9) "Umbrella bonds" means industrial development revenue bonds from which the proceeds are loaned, transferred,
or otherwise made available to two or more users under this
chapter.
(10) "User" means one or more persons acting as lessee,
purchaser, mortgagor, or borrower under a financing document and receiving or applying to receive revenues from
bonds issued under this chapter.
(11) "Public facilities" means a project of a local government or a federally recognized Indian tribe for the planning,
acquisition, construction, repair, reconstruction, replacement,
rehabilitation, or improvement of bridges, roads, domestic
and industrial water, earth stabilization, sanitary sewer, storm
sewer, railroad, electricity, telecommunications, transportation, natural gas, buildings or structures, and port facilities,
all for the purpose of job creation, job retention, or job expansion.
(12) "Rural county" means a county with a population
density of fewer than one hundred persons per square mile as
determined by the office of financial management.
(13) "Rural natural resources impact area" means:
(a) A nonmetropolitan county, as defined by the 1990
decennial census, that meets three of the five criteria set forth
in subsection (14) of this section;
(b) A nonmetropolitan county with a population of less
than forty thousand in the 1990 decennial census, that meets
two of the five criteria as set forth in subsection (14) of this
section; or
(c) A nonurbanized area, as defined by the 1990 decennial census, that is located in a metropolitan county that
meets three of the five criteria set forth in subsection (14) of
this section.
(14) For the purposes of designating rural natural
resources impact areas, the following criteria shall be considered:
(2004 Ed.)
Economic Development—Public Facilities Loans and Grants
(a) A lumber and wood products employment location
quotient at or above the state average;
(b) A commercial salmon fishing employment location
quotient at or above the state average;
(c) Projected or actual direct lumber and wood products
job losses of one hundred positions or more;
(d) Projected or actual direct commercial salmon fishing
job losses of one hundred positions or more; and
(e) An unemployment rate twenty percent or more above
the state average. The counties that meet these criteria shall
be determined by the employment security department for the
most recent year for which data is available. For the purposes
of administration of programs under this chapter, the United
States post office five-digit zip code delivery areas will be
used to determine residence status for eligibility purposes.
For the purpose of this definition, a zip code delivery area of
which any part is ten miles or more from an urbanized area is
considered nonurbanized. A zip code totally surrounded by
zip codes qualifying as nonurbanized under this definition is
also considered nonurbanized. The office of financial management shall make available a zip code listing of the areas to
all agencies and organizations providing services under this
chapter. [2004 c 252 § 1; 1999 c 164 § 102; 1997 c 367 § 8;
1996 c 51 § 2; 1995 c 226 § 14. Prior: 1993 c 320 § 1; 1993
c 280 § 55; 1992 c 21 § 3; 1991 c 314 § 22; 1985 c 466 § 58;
1985 c 6 § 12; 1984 c 257 § 2; 1983 1st ex.s. c 60 § 1; 1982
1st ex.s. c 40 § 2.]
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Severability—1997 c 367: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 367 § 21.]
Conflict with federal requirements—1997 c 367: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned. The
rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [1997 c 367 § 22.]
Effective date—1997 c 367: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 367 § 23.]
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
Severability—1995 c 226: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 226 § 37.]
Conflict with federal requirements—1995 c 226: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned. The
rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [1995 c 226 § 38.]
Effective date—1995 c 226: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 226 § 39.]
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
(2004 Ed.)
43.160.030
Findings—1991 c 314: "The legislature finds that:
(1) Cutbacks in allowable sales of old growth timber in Washington
state pose a substantial threat to the region and the state with massive layoffs,
loss of personal income, and declines in state revenues;
(2) The timber impact areas are of critical significance to the state
because of their leading role in the overall economic well-being of the state
and their importance to the quality of life to all residents of Washington, and
that these regions require a special state effort to diversify the local economy;
(3) There are key opportunities to broaden the economic base in the
timber impact areas including agriculture, high-technology, tourism, and
regional exports; and
(4) A coordinated state, local, and private sector effort offers the greatest potential to promote economic diversification and to provide support for
new projects within the region.
The legislature further finds that if a special state effort does not take
place the decline in allowable timber sales may result in a loss of six thousand logging and milling jobs; two hundred million dollars in direct wages
and benefits; twelve thousand indirect jobs; and three hundred million dollars in indirect wages and benefits.
It is the intent of the legislature to develop comprehensive programs to
provide diversified economic development and promote job creation and
employment opportunities for the citizens of the timber impact areas." [1991
c 314 § 1.]
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
43.160.030
43.160.030 Community economic revitalization
board—Members—Terms—Chair, vice-chair—Management services—Travel expenses—Vacancies—Removal.
(1) The community economic revitalization board is hereby
created to exercise the powers granted under this chapter.
(2) The board shall consist of one member from each of
the two major caucuses of the house of representatives to be
appointed by the speaker of the house and one member from
each of the two major caucuses of the senate to be appointed
by the president of the senate. The board shall also consist of
the following members appointed by the governor: A recognized private or public sector economist; one port district
official; one county official; one city official; one representative of a federally recognized Indian tribe; one representative
of the public; one representative of small businesses each
from: (a) The area west of Puget Sound, (b) the area east of
Puget Sound and west of the Cascade range, (c) the area east
of the Cascade range and west of the Columbia river, and (d)
the area east of the Columbia river; one executive from large
businesses each from the area west of the Cascades and the
area east of the Cascades. The appointive members shall initially be appointed to terms as follows: Three members for
one-year terms, three members for two-year terms, and three
members for three-year terms which shall include the chair.
Thereafter each succeeding term shall be for three years. The
chair of the board shall be selected by the governor. The
members of the board shall elect one of their members to
serve as vice-chair. The director of community, trade, and
economic development, the director of revenue, the commissioner of employment security, and the secretary of transportation shall serve as nonvoting advisory members of the
board.
(3) Management services, including fiscal and contract
services, shall be provided by the department to assist the
board in implementing this chapter and the allocation of private activity bonds.
(4) Members of the board shall be reimbursed for travel
expenses as provided in RCW 43.03.050 and 43.03.060.
[Title 43 RCW—page 529]
43.160.035
Title 43 RCW: State Government—Executive
(5) If a vacancy occurs by death, resignation, or otherwise of appointive members of the board, the governor shall
fill the same for the unexpired term. Members of the board
may be removed for malfeasance or misfeasance in office,
upon specific written charges by the governor, under chapter
34.05 RCW.
(6) A member appointed by the governor may not be
absent from more than fifty percent of the regularly scheduled meetings in any one calendar year. Any member who
exceeds this absence limitation is deemed to have withdrawn
from the office and may be replaced by the governor. [2004
c 252 § 2; 2003 c 151 § 1; 1996 c 51 § 3; 1995 c 399 § 86;
1993 c 320 § 2. Prior: 1987 c 422 § 2; 1987 c 195 § 11; prior:
1985 c 446 § 2; 1985 c 6 § 13; prior: 1985 c 446 § 1; 1984 c
287 § 89; 1983 1st ex.s. c 60 § 2; 1982 1st ex.s. c 40 § 3.]
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
43.160.035
43.160.035 Designees for board members. Each
member of the house of representatives who is appointed to
the community economic revitalization board under RCW
43.160.030 may designate another member from the house of
representatives to take his or her place on the board for meetings at which the member will be absent, as long as the designated member belongs to the same caucus. The designee
shall have all powers to vote and participate in board deliberations as have the other board members. Each member of the
senate who is appointed to the community economic revitalization board under RCW 43.160.030 may designate another
member from the senate to take his or her place on the board
for meetings at which the member will be absent, as long as
the designated member belongs to the same caucus. The designee shall have all powers to vote and participate in board
deliberations as have the other board members. Each agency
head of an executive agency who is appointed to serve as a
nonvoting advisory member of the community economic
revitalization board under RCW 43.160.030 may designate
an agency employee to take his or her place on the board for
meetings at which the agency head will be absent. The designee will have all powers to participate in board deliberations as have the other board members but shall not have voting powers. [2003 c 151 § 2; 1993 c 320 § 3; 1987 c 422 § 3;
1985 c 446 § 4.]
43.160.040
43.160.040 Conflicts of interest—Code of ethics. In
addition to other applicable provisions of law pertaining to
conflicts of interest of public officials, no board member,
appointive or otherwise, may participate in any decision on
any board contract in which the board member has any interests, direct or indirect, with any firm, partnership, corporation, or association which would be the recipient of any aid
under this chapter. In any instance where the participation
occurs, the board shall void the transaction, and the involved
member shall be subject to whatever further sanctions may be
provided by law. The board shall frame and adopt a code of
ethics for its members, which shall be designed to protect the
state and its citizens from any unethical conduct by the board.
[1982 1st ex.s. c 40 § 4.]
[Title 43 RCW—page 530]
43.160.050
43.160.050 Powers of board. The board may:
(1) Adopt bylaws for the regulation of its affairs and the
conduct of its business.
(2) Adopt an official seal and alter the seal at its pleasure.
(3) Utilize the services of other governmental agencies.
(4) Accept from any federal agency loans or grants for
the planning or financing of any project and enter into an
agreement with the agency respecting the loans or grants.
(5) Conduct examinations and investigations and take
testimony at public hearings of any matter material for its
information that will assist in determinations related to the
exercise of the board's lawful powers.
(6) Accept any gifts, grants, or loans of funds, property,
or financial or other aid in any form from any other source on
any terms and conditions which are not in conflict with this
chapter.
(7) Exercise all the powers of a public corporation under
chapter 39.84 RCW.
(8) Invest any funds received in connection with industrial development revenue bond financing not required for
immediate use, as the board considers appropriate, subject to
any agreements with owners of bonds.
(9) Arrange for lines of credit for industrial development
revenue bonds from and enter into participation agreements
with any financial institution.
(10) Issue industrial development revenue bonds in one
or more series for the purpose of defraying the cost of acquiring or improving any industrial development facility or facilities and securing the payment of the bonds as provided in
this chapter.
(11) Enter into agreements or other transactions with and
accept grants and the cooperation of any governmental
agency in furtherance of this chapter.
(12) Sell, purchase, or insure loans to finance the costs of
industrial development facilities.
(13) Service, contract, and pay for the servicing of loans
for industrial development facilities.
(14) Provide financial analysis and technical assistance
for industrial development facilities when the board reasonably considers it appropriate.
(15) Collect, with respect to industrial development revenue bonds, reasonable interest, fees, and charges for making
and servicing its lease agreements, loan agreements, mortgage loans, notes, bonds, commitments, and other evidences
of indebtedness. Interest, fees, and charges are limited to the
amounts required to pay the costs of the board, including
operating and administrative expenses and reasonable allowances for losses that may be incurred.
(16) Procure insurance or guarantees from any party as
allowable under law, including a governmental agency,
against any loss in connection with its lease agreements, loan
agreements, mortgage loans, and other assets or property.
(17) Adopt rules under chapter 34.05 RCW as necessary
to carry out the purposes of this chapter.
(18) Do all acts and things necessary or convenient to
carry out the powers expressly granted or implied under this
chapter. [1996 c 51 § 4; 1987 c 422 § 4; 1982 1st ex.s. c 40 §
5.]
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
(2004 Ed.)
Economic Development—Public Facilities Loans and Grants
43.160.060
43.160.060 Loans and grants to political subdivisions
and federally recognized Indian tribes for public facilities
authorized—Application—Requirements for financial
assistance. The board is authorized to make direct loans to
political subdivisions of the state and to federally recognized
Indian tribes for the purposes of assisting the political subdivisions and federally recognized Indian tribes in financing
the cost of public facilities, including development of land
and improvements for public facilities, project-specific environmental, capital facilities, land use, permitting, feasibility,
and marketing studies and plans; project design, site planning, and analysis; project debt and revenue impact analysis;
as well as the construction, rehabilitation, alteration, expansion, or improvement of the facilities. A grant may also be
authorized for purposes designated in this chapter, but only
when, and to the extent that, a loan is not reasonably possible,
given the limited resources of the political subdivision or the
federally recognized Indian tribe and the finding by the board
that financial circumstances require grant assistance to enable
the project to move forward. However, at least ten percent of
all financial assistance provided by the board in any biennium shall consist of grants to political subdivisions and federally recognized Indian tribes.
Application for funds shall be made in the form and
manner as the board may prescribe. In making grants or
loans the board shall conform to the following requirements:
(1) The board shall not provide financial assistance:
(a) For a project the primary purpose of which is to facilitate or promote a retail shopping development or expansion.
(b) For any project that evidence exists would result in a
development or expansion that would displace existing jobs
in any other community in the state.
(c) For the acquisition of real property, including buildings and other fixtures which are a part of real property.
(d) For a project the primary purpose of which is to facilitate or promote gambling.
(2) The board shall only provide financial assistance:
(a) For those projects which would result in specific private developments or expansions (i) in manufacturing, production, food processing, assembly, warehousing, advanced
technology, research and development, and industrial distribution; (ii) for processing recyclable materials or for facilities
that support recycling, including processes not currently provided in the state, including but not limited to, de-inking
facilities, mixed waste paper, plastics, yard waste, and problem-waste processing; (iii) for manufacturing facilities that
rely significantly on recyclable materials, including but not
limited to waste tires and mixed waste paper; (iv) which support the relocation of businesses from nondistressed urban
areas to rural counties or rural natural resources impact areas;
or (v) which substantially support the trading of goods or services outside of the state's borders.
(b) For projects which it finds will improve the opportunities for the successful maintenance, establishment, or
expansion of industrial or commercial plants or will otherwise assist in the creation or retention of long-term economic
opportunities.
(c) When the application includes convincing evidence
that a specific private development or expansion is ready to
occur and will occur only if the public facility improvement
is made.
(2004 Ed.)
43.160.070
(3) The board shall prioritize each proposed project
according to:
(a) The relative benefits provided to the community by
the jobs the project would create, not just the total number of
jobs it would create after the project is completed and according to the unemployment rate in the area in which the jobs
would be located; and
(b) The rate of return of the state's investment, that
includes the expected increase in state and local tax revenues
associated with the project.
(4) A responsible official of the political subdivision or
the federally recognized Indian tribe shall be present during
board deliberations and provide information that the board
requests.
Before any financial assistance application is approved,
the political subdivision or the federally recognized Indian
tribe seeking the assistance must demonstrate to the community economic revitalization board that no other timely source
of funding is available to it at costs reasonably similar to
financing available from the community economic revitalization board. [2004 c 252 § 3. Prior: 2002 c 242 § 4; 2002 c
239 § 1; 1999 c 164 § 103; 1996 c 51 § 5; 1993 c 320 § 4;
1990 1st ex.s. c 17 § 73; 1989 c 431 § 62; 1987 c 422 § 5;
1985 c 446 § 3; 1983 1st ex.s. c 60 § 3; 1982 1st ex.s. c 40 §
6.]
Findings—Intent—2002 c 242: See note following RCW 43.160.085.
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
Intent—1990 1st ex.s. c 17: See note following RCW 43.210.010.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Severability—Section captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
43.160.070
43.160.070 Conditions. Public facilities financial assistance, when authorized by the board, is subject to the following conditions:
(1) The moneys in the public facilities construction loan
revolving account and the distressed county public facilities
construction loan account shall be used solely to fulfill commitments arising from financial assistance authorized in this
chapter or, during the 1989-91 fiscal biennium, for economic
development purposes as appropriated by the legislature. The
total outstanding amount which the board shall dispense at
any time pursuant to this section shall not exceed the moneys
available from the accounts. The total amount of outstanding
financial assistance in Pierce, King, and Snohomish counties
shall never exceed sixty percent of the total amount of outstanding financial assistance disbursed by the board under
this chapter without reference to financial assistance provided under RCW 43.160.220.
(2) On contracts made for public facilities loans the
board shall determine the interest rate which loans shall bear.
The interest rate shall not exceed ten percent per annum. The
board may provide reasonable terms and conditions for
repayment for loans, including partial forgiveness of loan
principal and interest payments on projects located in rural
counties or rural natural resources impact areas, as the board
[Title 43 RCW—page 531]
43.160.074
Title 43 RCW: State Government—Executive
determines. The loans shall not exceed twenty years in duration.
(3) Repayments of loans made from the public facilities
construction loan revolving account under the contracts for
public facilities construction loans shall be paid into the public facilities construction loan revolving account. Repayments of loans made from the distressed county public facilities construction loan account under the contracts for public
facilities construction loans shall be paid into the distressed
county public facilities construction loan account. Repayments of loans from moneys from the new appropriation
from the public works assistance account for the fiscal biennium ending June 30, 1999, shall be paid into the public
works assistance account.
(4) When every feasible effort has been made to provide
loans and loans are not possible, the board may provide
grants upon finding that unique circumstances exist. [1999 c
164 § 104; 1998 c 321 § 27 (Referendum Bill No. 49,
approved November 3, 1998); 1997 c 235 § 721; 1996 c 51 §
6; 1990 1st ex.s. c 16 § 802; 1983 1st ex.s. c 60 § 4; 1982 1st
ex.s. c 40 § 7.]
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note following
RCW 35.58.410.
Severability—Effective date—1997 c 235: See notes following RCW
79A.15.040.
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
Severability—1990 1st ex.s. c 16: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 1st ex.s. c 16 § 803.]
43.160.074
43.160.074 Application—Request for improvements
to existing highways—Procedures. (1) An application to
the board from a political subdivision may also include a
request for improvements to an existing state highway or
highways. The application is subject to all of the applicable
criteria relative to qualifying types of development set forth
in this chapter, as well as procedures and criteria established
by the board.
(2) Before board consideration of an application from a
political subdivision that includes a request for improvements
to an existing state highway or highways, the application
shall be forwarded by the board to the transportation commission.
(3) The board may not make its final determination on
any application made under subsection (1) of this section
before receiving approval, as submitted or amended or disapproval from the transportation commission as specified in
RCW 47.01.280. Notwithstanding its disposition of the
remainder of any such application, the board may not
approve a request for improvements to an existing state highway or highways without the approval as submitted or
amended of the transportation commission as specified in
RCW 47.01.280.
[Title 43 RCW—page 532]
(4) The board shall notify the transportation commission
of its decision regarding any application made under this section. [1985 c 433 § 5.]
Nonseverability—1985 c 433: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the
entire act and the application of the provision to other persons or circumstances is invalid and of no further force and effect." [1985 c 433 § 10.]
43.160.076
43.160.076 Financial assistance in rural counties or natural
resources impact areas. (1) Except as authorized to the contrary under subsection (2) of this section, from all funds available to the board for financial
assistance in a biennium under this chapter without reference to financial
assistance provided under RCW 43.160.220, the board shall spend at least
seventy-five percent for financial assistance for projects in rural counties or
rural natural resources impact areas.
(2) If at any time during the last six months of a biennium the board
finds that the actual and anticipated applications for qualified projects in
rural counties or rural natural resources impact areas are clearly insufficient
to use up the seventy-five percent allocation under subsection (1) of this section, then the board shall estimate the amount of the insufficiency and during
the remainder of the biennium may use that amount of the allocation for
financial assistance to projects not located in rural counties or rural natural
resources impact areas. [1999 c 164 § 105. Prior: 1998 c 321 § 28 (Referendum Bill No. 49, approved November 3, 1998); 1998 c 55 § 4; 1997 c 367 §
9; 1996 c 51 § 7; 1995 c 226 § 15; 1993 c 320 § 5; 1991 c 314 § 24; 1985 c
446 § 6.]
Reviser's note: RCW 43.160.076 was also repealed by 1998 c 321 § 29
without cognizance of its amendment by 1999 c 164 § 105 and 1998 c 55 §
4. For rule of construction see RCW 1.12.025. 1998 c 55 § 4 added an expiration date to this section that coincided with the delayed repealer in 1998 c
321 § 29. 1999 c 164 § 105 eliminated that expiration date.
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note following
RCW 35.58.410.
Severability—Conflict with federal requirements—Effective date—
1997 c 367: See notes following RCW 43.160.020.
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
Repeal—1991 c 314: "RCW 43.160.076 and 1998 c 321 § 28, 1997 c
367 § 9, 1996 c 51 § 7, 1995 c 226 § 15, 1993 c 320 § 5, 1991 c 314 § 24, &
1985 c 446 § 6 are each repealed effective June 30, 2000." [1998 c 321 § 29
(Referendum Bill No. 49, approved November 3, 1998); 1997 c 367 § 10;
1995 c 226 § 7; 1993 c 320 § 10; 1991 c 314 § 32.]
Severability—Conflict with federal requirements—Effective date—
1995 c 226: See notes following RCW 43.160.020.
Findings—1991 c 314: See note following RCW 43.160.020.
43.160.076
43.160.076 Financial assistance in rural counties or natural
resources impact areas. [1999 c 164 § 105. Prior: 1998 c 321 § 28 (Referendum Bill No. 49, approved November 3, 1998); 1998 c 55 § 4; 1997 c
367 § 9; 1996 c 51 § 7; 1995 c 226 § 15; 1993 c 320 § 5; 1991 c 314 § 24;
1985 c 446 § 6.] Repealed by 1998 c 321 § 29, effective June 30, 2000.
Reviser's note: RCW 43.160.076 was also amended by 1999 c 164 §
105 and 1998 c 55 § 4 without cognizance of its repeal by 1998 c 321 § 29.
For rule of construction, see RCW 1.12.025.
43.160.077
43.160.077 Applications—Processing of recyclable
materials—Department of ecology notice. (1) When the
board receives an application from a political subdivision that
includes a request for assistance in financing the cost of public facilities to encourage the development of a private facility to process recyclable materials, a copy of the application
shall be sent by the board to the department of ecology.
(2004 Ed.)
Economic Development—Public Facilities Loans and Grants
(2) The board shall notify the department of ecology of
its decision regarding any application made under this section. [1993 c 320 § 6; 1989 c 431 § 63.]
Severability—Section captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
43.160.078
43.160.078 Board to familiarize government officials
and public with chapter provisions. In order to enhance
competition for grants and loans and the quality of projects
for which loans and grants are sought, the board shall take
such reasonable measures as are necessary to familiarize government officials and members of the public with the provisions of this chapter, particularly the board's authority to
make grants and loans. [1985 c 446 § 5.]
43.160.130
Findings—Intent—2003 c 150; 2002 c 242: "The legislature finds that
the community economic revitalization board plays a valuable and unique
role in stimulating and diversifying local economies, attracting private
investment, creating new jobs, and generating additional state and local tax
revenues by investing in public facilities projects that result in new or
expanded economic development. The legislature also finds that it is in the
best interest of the state and local communities to secure a stable and dedicated source of funds for the community economic revitalization board. It is
the intent of the legislature to establish an ongoing funding source for the
community economic revitalization board that will be used exclusively to
advance economic development infrastructure. This act provides a partial
funding solution by directing that beginning July 1, 2005, the interest earnings generated by the public works assistance account shall be used to fund
the community economic revitalization board's financial assistance programs. These funds are not for use other than for the stated purpose and
goals of the community economic revitalization board." [2003 c 150 § 1;
2002 c 242 § 1.]
43.160.090
43.160.080
43.160.080 Public facilities construction loan revolving account. There shall be a fund in the state treasury
known as the public facilities construction loan revolving
account, which shall consist of all moneys collected under
this chapter, except moneys of the board collected in connection with the issuance of industrial development revenue
bonds and moneys deposited in the distressed county public
facilities construction loan account under RCW 43.160.220,
and any moneys appropriated to it by law: PROVIDED, That
seventy-five percent of all principal and interest payments on
loans made with the proceeds deposited in the account under
section 901, chapter 57, Laws of 1983 1st ex. sess. shall be
deposited in the general fund as reimbursement for debt service payments on the bonds authorized in RCW 43.83.184.
Disbursements from the revolving account shall be on authorization of the board. In order to maintain an effective expenditure and revenue control, the public facilities construction
loan revolving account shall be subject in all respects to chapter 43.88 RCW. [1998 c 321 § 30 (Referendum Bill No. 49,
approved November 3, 1998); 1992 c 235 § 10; 1991 sp.s. c
13 § 115; 1987 c 422 § 6; 1984 c 257 § 12; 1983 1st ex.s. c 60
§ 6; 1982 1st ex.s. c 40 § 8.]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note following
RCW 35.58.410.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
43.160.085
43.160.085 Annual transfer of funds from public
works assistance account to public facilities construction
loan revolving account. (Expires June 30, 2007.) (1) The
public works assistance account shall annually transfer funds
to the public facilities construction loan revolving account in
amounts as follows: In fiscal year 2003, twelve percent of
eighteen million eight hundred ninety thousand seven hundred seventy-five dollars, the total outstanding principal and
interest associated with the loans issued by the public works
board under the timber and rural natural resources programs;
and in each of fiscal years 2004, 2005, 2006, and 2007,
twenty-two percent of the principal and interest associated
with the timber and rural natural resources programs. In no
event may this transfer exceed four million five hundred
thousand dollars per year.
(2) This section expires June 30, 2007. [2002 c 242 § 3.]
(2004 Ed.)
43.160.090 Records—Audits. The board and the
department shall keep proper records of accounts and shall be
subject to audit by the state auditor. [1996 c 51 § 8; 1987 c
505 § 42; 1982 1st ex.s. c 40 § 9.]
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
43.160.100
43.160.100 Status of board. The board is an authority
and an instrumentality of the state within the meaning of
those terms in the regulations of the Internal Revenue Service
prescribed pursuant to Section 103 of the federal Internal
Revenue Code of 1954, as amended. [1984 c 257 § 3.]
43.160.115
43.160.115 Cooperation with *Washington state
development loan fund committee required—Transfer of
funds. In addition to its powers and duties under this chapter,
the community economic revitalization board shall cooperate
with the *Washington state development loan fund committee in order to provide for coordination of their very similar
programs. Under this chapter, it is the duty of the department
of community, trade, and economic development and the
board to financially assist the committee to the extent
required by law. Funds appropriated to the board or the
department of community, trade, and economic development
for the use of the board shall be transferred to the department
of community, trade, and economic development to the
extent required by law. [1995 c 399 § 87; 1987 c 422 § 7;
1987 c 195 § 12; 1985 c 164 § 14.]
*Reviser's note: The Washington state development loan fund committee was terminated on June 30, 1994, and its powers and duties were
transferred to the director of the department of community, trade, and economic development.
Severability—1985 c 164: See RCW 43.168.900.
43.160.120
43.160.120 Commingling of funds prohibited. No
part of the proceeds received from the sale of any industrial
development revenue bonds under this chapter, of any revenues derived from an industrial development facility acquired
or held under this chapter, or of any interest realized on moneys received under this chapter, may be commingled by the
board with funds of the state. [1984 c 257 § 5.]
43.160.130
43.160.130 Personal liability. The members and
employees of the board and the department shall not be personally liable or accountable by reason of the issuance of or
on any bond issued by the board. [1984 c 257 § 6.]
[Title 43 RCW—page 533]
43.160.140
Title 43 RCW: State Government—Executive
43.160.140
43.160.140 Accounts. The board may create and
administer funds and accounts and establish such funds and
accounts with financial institutions as are necessary to implement its duties under RCW *43.160.050 (8) through (17) and
43.160.100 through 43.160.170. [1987 c 422 § 8; 1984 c 257
§ 7.]
*Reviser's note: RCW 43.160.050 was amended by 1996 c 51 § 4,
changing subsections (8) through (17) to subsections (7) through (16).
43.160.150
43.160.150 Faith and credit not pledged. Bonds
issued under this chapter do not constitute a debt, liability,
obligation, or pledge of the faith and credit of the state but are
payable solely from the revenues or assets of the board. A
bond issued under this chapter must disclose on its face (1)
the state of Washington is not obligated to pay the principal
or the interest thereon; (2) no tax funds or governmental revenue may be used to pay the principal or interest thereon; and
(3) neither the faith and credit nor the taxing power of the
state or any subdivision or agency thereof is pledged to the
payment of the principal or interest on the bond. [1984 c 257
§ 8.]
43.160.160
43.160.160 Security. In order to assure payment of the
bonds, the board shall consider and may require users to provide appropriate security. Such security may include but is
not limited to letters of credit, deeds of trust, guarantees,
mortgage insurance or cash reserves. If federal funds are used
to provide additional security for the protection of bond purchasers the board shall require a credit analysis by a financial
institution of each user of an umbrella board [bond] in order
to ensure the marketability of the bonds. [1984 c 257 § 9.]
43.160.170
43.160.170 Special reserve account. (1) The board
may establish a special reserve account and pay into it any:
(a) Proceeds of the sale of bonds to the extent provided
in the resolutions or indentures of the board authorizing their
issuance; and
(b) Other funds which may be available to the board
from any other source for the purpose of the account.
(2) All funds held in the special reserve account must be
used solely for the payment of the principal of, premium, if
any, and interest on the bonds secured in whole or in part by
the account, the sinking fund payments with respect to the
bonds, the purchase or redemption of the bonds, the payment
of interest on the bonds, or the payment of any redemption
premium required to be paid when the bonds are redeemed
prior to maturity. Funds in the account may not be withdrawn
at any time in an amount that reduces the account to an
amount less than the sum of minimum reserve requirements
established in the resolutions or indentures of the board for
the account except, with respect to bonds secured in whole or
in part by the account, for the purpose of making payment,
when due, of principal, premium, if any, interest, and sinking
fund payments for the payment of which other money
pledged is not available. Any income or interest earned by or
incremental to the special reserve account due to its investment may be transferred to other accounts of the board to an
extent that does not reduce the amount of the special reserve
account below the sum of minimum reserve requirements for
the account. [1984 c 257 § 10.]
[Title 43 RCW—page 534]
43.160.180
43.160.180 Private activity bond subcommittee. (1)
There is hereby created the private activity bond subcommittee of the board.
(2) The subcommittee shall be primarily responsible for
reviewing and making recommendations to the board on
requests for certification and allocation pursuant to the provisions of chapter 39.86 RCW and as authorized by rules
adopted by the board.
(3) The subcommittee shall consist of the following
members: Six members of the board including: (a) The
chair; (b) the county official; (c) the city official; (d) the port
district official; (e) a legislator, appointed by the chair; and
(f) the representative of the public. The members' terms shall
coincide with their terms of appointment to the board.
(4) Staff support to the subcommittee shall be provided
by the department of community, trade, and economic development.
(5) Members of the subcommittee shall receive no compensation but shall be reimbursed for travel expenses under
RCW 43.03.050 and 43.03.060.
(6) If a vacancy on the subcommittee occurs by death,
resignation, failure to hold the office from which the member
was appointed, or otherwise, the vacancy shall be filled
through the procedures specified for filling the corresponding
vacancy on the board. [1995 c 399 § 88; 1987 c 422 § 9; 1985
c 446 § 15.]
43.160.200
43.160.200 Economic development account—Eligibility for assistance. (1) The economic development
account is created within the public facilities construction
loan revolving fund under RCW 43.160.080. Moneys in the
account may be spent only after appropriation. Expenditures
from the account may be used only for the purposes of RCW
43.160.010(5) and this section. The account is subject to
allotment procedures under chapter 43.88 RCW.
(2) Applications under this section for assistance from
the economic development account are subject to all of the
applicable criteria set forth under this chapter, as well as procedures and criteria established by the board, except as otherwise provided.
(3) Eligible applicants under this section are limited to
political subdivisions of the state and federally recognized
Indian tribes in rural natural resources impact areas and rural
counties.
(4) Applicants must demonstrate that their request is part
of an economic development plan consistent with applicable
state planning requirements. Applicants must demonstrate
that tourism projects have been approved by the local government or federally recognized Indian tribe. Industrial projects
must be approved by the local government and the associate
development organization, or by the federally recognized
Indian tribe.
(5) Publicly owned projects may be financed under this
section upon proof by the applicant that the public project is
a necessary component of, or constitutes in whole, a tourism
project.
(6) Applications must demonstrate local match and participation. Such match may include: Land donation, other
public or private funds or both, or other means of local commitment to the project.
(2004 Ed.)
Economic Development—Public Facilities Loans and Grants
(7) Board financing for project-specific environmental,
capital facilities, land use, permitting, feasibility, and marketing studies and plans; project engineering, design, and site
planning and analysis; and project debt and revenue impact
analysis shall not exceed fifty thousand dollars per study.
Board funds for these purposes may be provided as a grant
and require a match.
(8) Board financing for tourism projects shall not exceed
two hundred fifty thousand dollars. Other public facility construction projects under this section shall not exceed one million dollars. Loans with flexible terms and conditions to
meet the needs of the applicants shall be provided. Grants
may also be authorized, but only when, and to the extent that,
a loan is not reasonably possible, given the limited resources
of the political subdivision or the federally recognized Indian
tribe.
(9) The board shall develop guidelines for allowable
local match and planning and predevelopment activities.
(10) The board may allow de minimis general system
improvements to be funded if they are critically linked to the
viability of the economic development project assisted under
this section.
(11) Applications under this section need not demonstrate evidence that specific private development or expansion is ready to occur or will occur if funds are provided.
(12) The board shall establish guidelines for providing
financial assistance under this section to ensure that the
requirements of this chapter are complied with. The guidelines shall include:
(a) A process to equitably compare and evaluate applications from competing communities.
(b) Criteria to ensure that approved projects will have a
high probability of success and are likely to provide longterm economic benefits to the community. The criteria shall
include: (i) A minimum amount of local participation, determined by the board per application, to verify community support for the project; (ii) an analysis that establishes the project
is feasible using standard economic principles; and (iii) an
explanation from the applicant regarding how the project is
consistent with the communities' economic strategy and
goals.
(c) A method of evaluating the impact of the financial
assistance on the economy of the community and whether the
financial assistance achieved its purpose. [2004 c 252 § 4;
1999 c 164 § 107; 1996 c 51 § 9; 1995 c 226 § 16. Prior:
1993 c 320 § 7; 1993 c 316 § 4; 1991 c 314 § 23.]
43.160.220
to the board for financial assistance under this chapter without reference to financial assistance provided under RCW
43.160.220, the board shall designate at least twenty percent
for financial assistance for projects in distressed counties. For
purposes of this section, the term "distressed counties"
includes any county, in which: (a) The average level of
unemployment for the three years before the year in which an
application for financial assistance is filed, exceeds the average state unemployment for those years by twenty percent; or
(b) a county that has a median household income that is less
than seventy-five percent of the state median household
income for the previous three years.
(2) If at any time during the last six months of a biennium the board finds that the actual and anticipated applications for qualified projects in distressed counties are clearly
insufficient to use up the twenty percent allocation under subsection (1) of this section, then the board shall estimate the
amount of the insufficiency and during the remainder of the
biennium may use that amount of the allocation for financial
assistance for projects not located in distressed counties.
[1998 c 321 § 31 (Referendum Bill No. 49, approved November 3, 1998); 1998 c 55 § 5. Prior: 1996 c 290 § 1; 1996 c 51
§ 10; 1991 c 314 § 25.]
Reviser's note: This section was amended by 1998 c 55 § 5 and by
1998 c 321 § 31, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note following
RCW 35.58.410.
Effective date—1998 c 55 § 5: "Section 5 of this act takes effect June
30, 2000." [1998 c 55 § 7.]
Effective dates—1996 c 290 §§ 1 and 6: "(1) *Section 6 of this act is
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [March 30, 1996].
(2) Section 1 of this act shall take effect June 30, 1997." [1996 c 290 §
8.]
*Reviser's note: 1996 c 290 § 6 was vetoed.
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
Effective date—1991 c 314: "RCW 43.160.210 shall take effect June
30, 2000." [1997 c 367 § 12; 1995 c 226 § 9; 1993 c 320 § 11; 1993 c 316 §
8; 1991 c 314 § 34.]
Findings—1991 c 314: See note following RCW 43.160.020.
43.160.220
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Severability—Effective dates—1996 c 51: See notes following RCW
43.160.010.
Severability—Conflict with federal requirements—Effective date—
1995 c 226: See notes following RCW 43.160.020.
Effective date—1993 c 316: "Sections 1 through 9 of this act are necessary for the immediate preservation of the public peace, health, or safety,
or support of the state government and its existing public institutions, and
shall take effect June 30, 1993." [1993 c 316 § 12.]
Findings—1991 c 314: See note following RCW 43.160.020.
43.160.210
43.160.210 Distressed counties—Twenty percent of
financial assistance. (1) Except as authorized to the contrary
under subsection (2) of this section, from all funds available
(2004 Ed.)
43.160.220 Distressed county public facilities construction loan account. The distressed county public facilities construction loan account is created in the state treasury.
All funds provided under RCW 82.14.200 shall be deposited
in the account. Moneys in the account may be spent only after
appropriation. Moneys in the account shall only be used to
provide financial assistance under this chapter to distressed
counties that have experienced extraordinary costs due to the
location of a major new business facility or the substantial
expansion of an existing business facility in the county.
For purposes of this section, the term "distressed counties" includes any county in which the average level of unemployment for the three years before the year in which an
application for financial assistance is filed exceeds the average state employment for those years by twenty percent.
[Title 43 RCW—page 535]
43.160.900
Title 43 RCW: State Government—Executive
[1998 c 321 § 9 (Referendum Bill No. 49, approved November 3, 1998).]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note following RCW 82.14.045.
responsive and consistent involvement of the private sector in
the state's economic development efforts. It is the intent of
the legislature to create an economic development commission that will develop and update the state's economic development strategy and performance measures and provide
advice to and oversight of the department of community,
trade, and economic development. [2003 c 235 § 1.]
43.162.010
43.160.900
43.160.900 Community economic revitalization
board—Implementation of chapter—Report to legislature. The community economic revitalization board shall
report to the appropriate standing committees of the legislature biennially on the implementation of this chapter. The
report shall include information on the number of applications for community economic revitalization board assistance, the number and types of projects approved, the grant or
loan amount awarded each project, the projected number of
jobs created or retained by each project, the actual number of
jobs created or retained by each project, the number of delinquent loans, and the number of project terminations. The
report may also include additional performance measures and
recommendations for programmatic changes. The first report
shall be submitted by December 1, 1994. [1993 c 320 § 8;
1987 c 422 § 10; 1985 c 446 § 25; 1982 1st ex.s. c 40 § 10.]
Effective date—1993 c 320 § 8: "Section 8 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately [May 12, 1993]." [1993 c 320 § 12.]
43.160.901
43.160.901 Severability—1982 1st ex.s. c 40. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1982 1st ex.s. c 40 § 11.]
43.160.902
43.160.902 Captions not part of law—1984 c 257. As
used in this act, captions constitute no part of the law. [1984
c 257 § 14.]
Chapter 43.162 RCW
ECONOMIC DEVELOPMENT COMMISSION
Chapter 43.162
Sections
43.162.005
43.162.010
43.162.020
43.162.030
Findings—Intent.
Washington state economic development commission—Membership—Rules.
Duties—Biennial report.
Staff support.
43.162.005
43.162.005 Findings—Intent. The legislature finds
that Washington's innovation and trade-driven economy has
provided tremendous opportunities for citizens of the state,
but that there is no guarantee that globally competitive firms
will continue to grow and locate in the state. The legislature
also finds that developing an effective economic development strategy for the state and operating effective economic
development programs, including work force training, small
business assistance, technology transfer, and export assistance, are vital to the state's efforts to encourage employment
growth, increase state revenues, and generate economic wellbeing. In addition, the legislature finds that there is a need for
[Title 43 RCW—page 536]
43.162.010 Washington state economic development
commission—Membership—Rules. (1) The Washington
state economic development commission is established to
oversee the economic development strategies and policies of
the department of community, trade, and economic development.
(2)(a) The Washington state economic development
commission shall consist of at least seven and no more than
nine members appointed by the governor.
(b) In making the appointments, the governor shall consult with organizations that have an interest in economic
development, including, but not limited to, industry associations, labor organizations, minority business associations,
economic development councils, chambers of commerce,
port associations, tribes, and the chairs of the legislative committees with jurisdiction over economic development.
(c) The members shall be representative of the geographic regions of the state, including eastern and central
Washington, as well as represent the ethnic diversity of the
state. Representation shall derive primarily from the private
sector, including, but not limited to, existing and emerging
industries, small businesses, women-owned businesses, and
minority-owned businesses, but other sectors of the economy
that have experience in economic development, including
labor organizations and nonprofit organizations, shall be represented as well. A minimum of seventy-five percent of the
members shall represent the private sector. Members of the
commission shall serve statewide interests while preserving
their diverse perspectives, and shall be recognized leaders in
their fields with demonstrated experience in disciplines
related to economic development.
(3) Members appointed by the governor shall serve at the
pleasure of the governor for three-year terms, except that
through June 30, 2004, members currently serving on the
economic development commission created by executive
order may continue to serve at the pleasure of the governor.
Of the initial members appointed to serve after June 30, 2004,
two members shall serve one-year terms, three members shall
serve two-year terms, and the remainder of the commission
members shall serve three-year terms.
(4) The commission chair shall be selected from among
the appointed members by the majority vote of the members.
(5) The commission may establish committees as it
desires, and may invite nonmembers of the commission to
serve as committee members.
(6) The commission may adopt rules for its own governance. [2003 c 235 § 2.]
43.162.020
43.162.020 Duties—Biennial report. The Washington
state economic development commission shall perform the
following duties:
(2004 Ed.)
Economic Development Finance Authority
(1) Review and periodically update the state's economic
development strategy, including implementation steps, and
performance measures, and perform an annual evaluation of
the strategy and the effectiveness of the state's laws, policies,
and programs which target economic development;
(2) Provide policy, strategic, and programmatic direction
to the department of community, trade, and economic development regarding strategies to:
(a) Promote business retention, expansion, and creation
within the state;
(b) Promote the business climate of the state and stimulate increased national and international investment in the
state;
(c) Promote products and services of the state;
(d) Enhance relationships and cooperation between local
governments, economic development councils, federal agencies, state agencies, and the legislature;
(e) Integrate economic development programs, including
work force training, technology transfer, and export assistance; and
(f) Make the funds available for economic development
purposes more flexible to meet emergent needs and maximize opportunities;
(3) Identify policies and programs to assist Washington's
small businesses;
(4) Assist the department of community, trade, and economic development with procurement and deployment of private funds for business development, retention, expansion,
and recruitment as well as other economic development
efforts;
(5) Meet with the chairs and ranking minority members
of the legislative committees from both the house of representatives and the senate overseeing economic development
policies; and
(6) Make a biennial report to the appropriate committees
of the legislature regarding the commission's review of the
state's economic development policy, the commission's recommendations, and steps taken by the department of community, trade, and economic development to implement the recommendations. The first report is due by December 31,
2004. [2003 c 235 § 3.]
43.162.030 Staff support. (1) The Washington state
economic development commission shall receive the necessary staff support from the staff resources of the governor, the
department of community, trade, and economic development,
and other state agencies as appropriate, and within existing
resources and operations.
(2) Creation of the Washington state economic development commission shall not be construed to modify any
authority or budgetary responsibility of the governor or the
department of community, trade, and economic development.
[2003 c 235 § 4.]
43.162.030
Chapter 43.163
Chapter 43.163 RCW
ECONOMIC DEVELOPMENT
FINANCE AUTHORITY
Sections
43.163.005
43.163.010
(2004 Ed.)
Purpose—Construction.
Definitions.
43.163.020
43.163.030
43.163.040
43.163.050
43.163.060
43.163.070
43.163.080
43.163.090
43.163.100
43.163.110
43.163.120
43.163.130
43.163.140
43.163.150
43.163.160
43.163.170
43.163.180
43.163.190
43.163.200
43.163.210
43.163.901
43.163.005
Economic development finance authority created—Membership.
Small businesses—Funding of export transactions.
Farmers—Advance financing, agriculture conservation
reserve program.
Pooling of loans.
Scope of authority's powers—Duties of other agencies.
Use of funds.
General operating procedures.
Economic development finance objectives plan.
Powers of the authority.
Restrictions on authority's activity.
Staffing, restrictions—Authority not to receive appropriated
state funds.
Nonrecourse revenue bonds—Issuance.
Nonrecourse revenue bonds—Contracts—Restrictions.
Nonrecourse revenue bonds—Financing documents, scope.
Nonrecourse revenue bonds—Money received shall be trust
funds.
Nonrecourse revenue bonds—Owner and trustee, enforcement
of rights.
Nonrecourse revenue bonds as legal investment.
Chapter as an alternative bond issuance method.
Construction.
Nonrecourse revenue bond financing—Economic development activities—New products.
Severability—1989 c 279.
Public disclosure: RCW 42.17.310.
43.163.005
43.163.005 Purpose—Construction. Economic development is essential to the health, safety, and welfare of all
Washington citizens by broadening and strengthening state
and local tax bases, providing meaningful employment
opportunities and thereby enhancing the quality of life. Economic development increasingly is dependent upon the ability of small-sized and medium-sized businesses and farms to
finance growth and trade activities. Many of these businesses
face an unmet need for capital that limits their growth. These
unmet capital needs are a problem in both urban and rural
areas which cannot be solved by the private sector alone.
There presently exist some federal programs, private credit
enhancements and other financial tools to complement the
private banking industry in providing this needed capital.
More research is needed to develop effective strategies to
enhance access to capital and thereby stimulate economic
development.
It is the purpose of this chapter to establish a state economic development finance authority to act as a financial
conduit that, without using state funds or lending the credit of
the state or local governments, can issue nonrecourse revenue
bonds, and participate in federal, state, and local economic
development programs to help facilitate access to needed
capital by Washington businesses that cannot otherwise
readily obtain needed capital on terms and rates comparable
to large corporations, and can help local governments obtain
capital more efficiently. It is also a primary purpose of this
chapter to encourage the employment and retention of Washington workers at meaningful wages and to develop innovative approaches to the problem of unmet capital needs. This
chapter is enacted to accomplish these and related purposes
and shall be construed liberally to carry out its purposes and
objectives. [1990 c 53 § 1; 1989 c 279 § 1.]
Findings—Purpose—1994 c 302: "The legislature finds that when
public funds are used to support private enterprise, the public may gain
through the creation of new jobs, the diversification of the economy, or
higher quality jobs for existing workers. The legislature further finds that
such returns on public investments are not automatic and that tax-based
incentives, in particular, may result in a greater tax burden on businesses and
individuals that are not eligible for the public support. It is the purpose of this
[Title 43 RCW—page 537]
43.163.010
Title 43 RCW: State Government—Executive
*chapter to collect information sufficient to allow the legislature and the
executive branch to make informed decisions about the merits of existing
tax-based incentives and loan programs intended to encourage economic
development in the state." [1994 c 302 § 1.]
*Reviser's note: 1994 c 302 § 2 was vetoed by the governor. 1994 c
302 § 3 is a codification direction and 1994 c 302 § 4 is an emergency clause.
The code reviser's office chose not to create a new chapter for the only
remaining section, section 1.
43.163.010
43.163.010 Definitions. As used in this chapter, the following words and terms have the following meanings, unless
the context requires otherwise:
(1) "Authority" means the Washington economic development finance authority created under RCW 43.163.020 or
any board, body, commission, department or officer succeeding to the principal functions of the authority or to whom the
powers conferred upon the authority shall be given by law;
(2) "Bonds" means any bonds, notes, debentures, interim
certificates, conditional sales or lease financing agreements,
lines of credit, forward purchase agreements, investment
agreements, and other banking or financial arrangements,
guaranties, or other obligations issued by or entered into by
the authority. Such bonds may be issued on either a taxexempt or taxable basis;
(3) "Borrower" means one or more public or private persons or entities acting as lessee, purchaser, mortgagor, or borrower who has obtained or is seeking to obtain financing
either from the authority or from an eligible banking organization that has obtained or is seeking to obtain funds from the
authority to finance a project. A borrower may include a
party who transfers the right of use and occupancy to another
party by lease, sublease or otherwise, or a party who is seeking or has obtained a financial guaranty from the authority;
(4) "Eligible banking organization" means any organization subject to regulation by the director of the department of
financial institutions, any national bank, federal savings and
loan association, and federal credit union located within this
state;
(5) "Eligible export transaction" means any preexport or
export activity by a person or entity located in the state of
Washington involving a sale for export and product sale
which, in the judgment of the authority: (a) Will create or
maintain employment in the state of Washington, (b) will
obtain a material percent of its value from manufactured
goods or services made, processed or occurring in Washington, and (c) could not otherwise obtain financing on reasonable terms from an eligible banking organization;
(6) "Eligible farmer" means any person who is a resident
of the state of Washington and whose specific acreage qualifying for receipts from the federal department of agriculture
under its conservation reserve program is within the state of
Washington;
(7) "Eligible person" means an individual, partnership,
corporation, or joint venture carrying on business, or proposing to carry on business within the state and is seeking financial assistance under RCW 43.163.210;
(8) "Financial assistance" means the infusion of capital
to persons for use in the development and exploitation of specific inventions and products;
(9) "Financing document" means an instrument executed
by the authority and one or more persons or entities pertaining to the issuance of or security for bonds, or the application
[Title 43 RCW—page 538]
of the proceeds of bonds or other funds of, or payable to, the
authority. A financing document may include, but need not
be limited to, a lease, installment sale agreement, conditional
sale agreement, mortgage, loan agreement, trust agreement or
indenture, security agreement, letter or line of credit, reimbursement agreement, insurance policy, guaranty agreement,
or currency or interest rate swap agreement. A financing document also may be an agreement between the authority and
an eligible banking organization which has agreed to make a
loan to a borrower;
(10) "Plan" means the general plan of economic development finance objectives developed and adopted by the
authority, and updated from time to time, as required under
RCW 43.163.090;
(11) "Economic development activities" means activities
related to: Manufacturing, processing, research, production,
assembly, tooling, warehousing, airports, docks and wharves,
mass commuting facilities, high-speed intercity rail facilities,
public broadcasting, pollution control, solid waste disposal,
federally qualified hazardous waste facilities, energy generating, conservation, or transmission facilities, and sports facilities and industrial parks and activities conducted within a
federally designated enterprise or empowerment zone or geographic area of similar nature;
(12) "Project costs" means costs of:
(a) Acquisition, lease, construction, reconstruction,
remodeling, refurbishing, rehabilitation, extension, and
enlargement of land, rights to land, buildings, structures,
docks, wharves, fixtures, machinery, equipment, excavations, paving, landscaping, utilities, approaches, roadways
and parking, handling and storage areas, and similar ancillary
facilities, and any other real or personal property included in
an economic development activity;
(b) Architectural, engineering, consulting, accounting,
and legal costs related directly to the development, financing,
acquisition, lease, construction, reconstruction, remodeling,
refurbishing, rehabilitation, extension, and enlargement of an
activity included under subsection (11) of this section,
including costs of studies assessing the feasibility of an economic development activity;
(c) Finance costs, including the costs of credit enhancement and discounts, if any, the costs of issuing revenue
bonds, and costs incurred in carrying out any financing document;
(d) Start-up costs, working capital, capitalized research
and development costs, capitalized interest during construction and during the eighteen months after estimated completion of construction, and capitalized debt service or repair and
replacement or other appropriate reserves;
(e) The refunding of any outstanding obligations
incurred for any of the costs outlined in this subsection; and
(f) Other costs incidental to any of the costs listed in this
section;
(13) "Product" means a product, device, technique, or
process that is or may be exploitable commercially. "Product" does not refer to pure research, but shall be construed to
apply to products, devices, techniques, or processes that have
advanced beyond the theoretic stage and are readily capable
of being, or have been, reduced to practice;
(14) "Financing agreements" means, and includes without limitation, a contractual arrangement with an eligible per(2004 Ed.)
Economic Development Finance Authority
son whereby the authority obtains rights from or in an invention or product or proceeds from an invention or product in
exchange for the granting of financial and other assistance to
the person. [1999 c 294 § 1. Prior: 1994 c 238 § 1; 1994 c 92
§ 498; 1989 c 279 § 2.]
Effective date—1999 c 294: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 13, 1999]." [1999 c 294 § 2.]
Severability—1994 c 238: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1994 c 238 § 6.]
Effective date—1994 c 238: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 1, 1994]." [1994 c 238 § 7.]
43.163.020
43.163.020 Economic development finance authority
created—Membership. The Washington economic development finance authority is established as a public body corporate and politic, with perpetual corporate succession, constituting an instrumentality of the state of Washington exercising essential governmental functions. The authority is a
public body within the meaning of RCW 39.53.010.
The authority shall consist of eighteen [seventeen] members as follows: The director of the department of community, trade, and economic development, the director of the
department of agriculture, the state treasurer, one member
from each caucus in the house of representatives appointed
by the speaker of the house, one member from each caucus in
the senate appointed by the president of the senate, and ten
public members with one representative of women-owned
businesses and one representative of minority-owned businesses and with at least three of the members residing east of
the Cascades. The public members shall be residents of the
state appointed by the governor on the basis of their interest
or expertise in trade, agriculture or business finance or jobs
creation and development. One of the public members shall
be appointed by the governor as chair of the authority and
shall serve as chair of the authority at the pleasure of the governor. The authority may select from its membership such
other officers as it deems appropriate.
The term of the persons appointed by the governor as
public members of the authority, including the public member appointed as chair, shall be four years from the date of
appointment, except that the term of three of the initial
appointees shall be for two years from the date of appointment and the term of four of the initial appointees shall be for
three years from the date of appointment. The governor shall
designate the appointees who will serve the two-year and
three-year terms.
In the event of a vacancy on the authority due to death,
resignation or removal of one of the public members, or upon
the expiration of the term of one of the public members, the
governor shall appoint a successor for the remainder of the
unexpired term. If either of the state offices is abolished, the
resulting vacancy on the authority shall be filled by the state
officer who shall succeed substantially to the power and
duties of the abolished office.
Any public member of the authority may be removed by
the governor for misfeasance, malfeasance or willful neglect
(2004 Ed.)
43.163.040
of duty after notice and a public hearing, unless such notice
and hearing shall be expressly waived in writing by the
affected public member.
The state officials serving in ex officio capacity may
each designate an employee of their respective departments
to act on their behalf in all respects with regard to any matter
to come before the authority. Such designations shall be
made in writing in such manner as is specified by the rules of
the authority.
The members of the authority shall serve without compensation but shall be entitled to reimbursement, solely from
the funds of the authority, for expenses incurred in the discharge of their duties under this chapter. The authority may
borrow funds from the department for the purpose of reimbursing members for expenses; however, the authority shall
repay the department as soon as practicable.
A majority of the authority shall constitute a quorum.
[1995 c 399 § 89; 1990 c 53 § 2; 1989 c 279 § 3.]
43.163.030
43.163.030 Small businesses—Funding of export
transactions. (1) The authority, in cooperation with the
small business export finance assistance center and other
export assistance entities, is authorized to develop and conduct a program or programs to provide for the funding of
export transactions for small businesses which are unable to
obtain funding from private commercial lenders.
(2) The authority is authorized to secure or provide guaranties or insurance for loans and otherwise to provide for
loans for any eligible export transaction. Loans may be made
either directly by the authority or through an eligible banking
organization. For such purpose, the authority may use funds
legally available to it to provide for insurance or to guarantee
eligible export transactions for which guaranteed funding has
been provided.
(3) The authority shall make every effort to cause guaranties or insurance to be provided from the export-import
bank of the United States, the foreign credit insurance association, the small business administration or such other similar
or succeeding federal or private programs whose financial
performance in the guarantee or insurance of export transactions is sound and recognized in the financial community.
The maximum amount payable under any guaranty shall be
specifically set forth in writing at the time any such guaranteed funding is entered into by the authority.
(4) Prior to providing or securing a guarantee of funding
or otherwise providing for a loan for any eligible export
transaction hereunder, the authority shall obtain assurance
that there has been made an investigation of the credit of the
exporter in order to determine its viability, the economic benefits to be derived from the eligible export transaction, the
prospects for repayment, and such other facts as it deems necessary in order to determine that such guaranteed funding is
consistent with the purposes of this chapter. [1989 c 279 § 4.]
Small business export finance assistance center: Chapter 43.210 RCW.
43.163.040
43.163.040 Farmers—Advance financing, agriculture conservation reserve program. To provide capital for
economic development purposes, the authority is authorized
to develop and conduct a program or programs to provide
advance financing to eligible farmers in respect of the con[Title 43 RCW—page 539]
43.163.050
Title 43 RCW: State Government—Executive
tract payments due to them under the federal department of
agriculture conservation reserve program. Such advance
financing may be provided in the form of lease, sale, loan or
other similar financing transactions. [1989 c 279 § 5.]
43.163.050
43.163.050 Pooling of loans. The authority is authorized to develop and conduct a program or programs to promote small business and agricultural financing in the state
through the pooling of loans or portions of loans made or
guaranteed through programs administered by federal agencies including the small business or farmers home administrations. For such purpose, the authority may acquire from
eligible banking organizations and other financial intermediaries who make or hold loans made or guaranteed through
programs administered by the federal small business or farmers home administrations all or portions of such loans, and
the authority may contract or coordinate with parties authorized to acquire or pool loans made or guaranteed by a federal
agency or with parties authorized to administer such loan or
guarantee programs. [1990 c 53 § 3; 1989 c 279 § 6.]
procedures shall be adopted by resolution prior to the authority operating the applicable programs.
(2) The operating procedures shall include, but are not
limited to: (a) Appropriate minimum reserve requirements to
secure the authority's bonds and other obligations; (b) appropriate standards for securing loans and other financing the
authority provides to borrowers, such as guarantees or collateral; and (c) strict standards for providing financing to borrowers, such as (i) the borrower is a responsible party with a
high probability of being able to repay the financing provided
by the authority, (ii) the financing is reasonably expected to
provide economic growth or stability in the state by enabling
a borrower to increase or maintain jobs or capital in the state,
(iii) the borrowers with the greatest needs or that provide the
most public benefit are given higher priority by the authority,
and (iv) the financing is consistent with any plan adopted by
the authority under RCW 43.163.090. [1994 c 238 § 2; 1990
c 53 § 5; 1989 c 279 § 9.]
Severability—Effective date—1994 c 238: See notes following RCW
43.163.010.
43.163.090
43.163.060
43.163.060 Scope of authority's powers—Duties of
other agencies. (1) The authority is authorized to participate
fully in federal and other governmental economic development finance programs and to take such actions as are necessary and consistent with this chapter to secure to itself and the
people of the state the benefits of those programs and to meet
their requirements.
(2) The authority shall coordinate its programs with
those contributing to a common purpose found elsewhere in
the departments of community, trade, and economic development, agriculture or employment security, or any other
department or organization of, or affiliated with, the state or
federal government, and shall avoid any duplication of such
activities or programs provided elsewhere. The departments
of community, trade, and economic development, agriculture, employment security and other relevant state agencies
shall provide to the authority all reports prepared in the
course of their ongoing activities which may assist in the
identification of unmet capital financing needs by small-sized
and medium-sized businesses in the state. [1995 c 399 § 90;
1989 c 279 § 7.]
43.163.070
43.163.070 Use of funds. The authority may use any
funds legally available to it for any purpose specifically
authorized by this chapter, or for otherwise improving economic development in this state by assisting businesses and
farm enterprises that do not have access to capital at terms
and rates comparable to large corporations due to the location
of the business, the size of the business, the lack of financial
expertise, or other appropriate reasons: PROVIDED, That no
funds of the state shall be used for such purposes. [1990 c 53
§ 4; 1989 c 279 § 8.]
43.163.080
43.163.080 General operating procedures. (1) The
authority shall adopt general operating procedures for the
authority. The authority shall also adopt operating procedures
for individual programs as they are developed for obtaining
funds and for providing funds to borrowers. These operating
[Title 43 RCW—page 540]
43.163.090 Economic development finance objectives
plan. The authority shall adopt a general plan of economic
development finance objectives to be implemented by the
authority during the period of the plan. The authority may
exercise the powers authorized under this chapter prior to the
adoption of the initial plan. In developing the plan, the
authority shall consider and set objectives for:
(1) Employment generation associated with the authority's programs;
(2) The application of funds to sectors and regions of the
state economy evidencing need for improved access to capital markets and funding resources;
(3) Geographic distribution of funds and programs available through the authority;
(4) Eligibility criteria for participants in authority programs;
(5) The use of funds and resources available from or
through federal, state, local, and private sources and programs;
(6) Standards for economic viability and growth opportunities of participants in authority programs;
(7) New programs which serve a targeted need for
financing assistance within the purposes of this chapter; and
(8) Opportunities to improve capital access as evidenced
by programs existent in other states or as they are made possible by results of private capital market circumstances.
The authority shall, as part of the finance plan required
under this section, develop an outreach and marketing plan
designed to increase its financial services to rural counties.
As used in this section, "rural counties" means counties
smaller than two hundred twenty-five square miles or as
defined in RCW 43.168.020.
At least one public hearing shall be conducted by the
authority on the plan prior to its adoption. The plan shall be
adopted by resolution of the authority no later than November 15, 1990. The authority may periodically update the plan
as determined necessary by the authority. The plan or
updated plan shall include a report on authority activities
conducted since the commencement of authority operation or
since the last plan was reported, whichever is more recent,
(2004 Ed.)
Economic Development Finance Authority
including a statement of results achieved under the purposes
of this chapter and the plan. Upon adoption, the authority
shall conduct its programs in observance of the objectives
established in the plan. [2001 c 304 § 1; 1998 c 245 § 50;
1997 c 257 § 1; 1989 c 279 § 10.]
Effective date—2001 c 304: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 2001]." [2001 c 304 § 4.]
43.163.100
43.163.100 Powers of the authority. In addition to
accomplishing the economic development finance programs
specifically authorized in this chapter, the authority may:
(1) Maintain an office or offices;
(2) Sue and be sued in its own name, and plead and be
impleaded;
(3) Engage consultants, agents, attorneys, and advisers,
contract with federal, state, and local governmental entities
for services, and hire such employees, agents and other personnel as the authority deems necessary, useful, or convenient to accomplish its purposes;
(4) Make and execute all manner of contracts, agreements and instruments and financing documents with public
and private parties as the authority deems necessary, useful,
or convenient to accomplish its purposes;
(5) Acquire and hold real or personal property, or any
interest therein, in the name of the authority, and to sell,
assign, lease, encumber, mortgage, or otherwise dispose of
the same in such manner as the authority deems necessary,
useful, or convenient to accomplish its purposes;
(6) Open and maintain accounts in qualified public
depositaries and otherwise provide for the investment of any
funds not required for immediate disbursement, and provide
for the selection of investments;
(7) Appear in its own behalf before boards, commissions, departments, or agencies of federal, state, or local government;
(8) Procure such insurance in such amounts and from
such insurers as the authority deems desirable, including, but
not limited to, insurance against any loss or damage to its
property or other assets, public liability insurance for injuries
to persons or property, and directors and officers liability
insurance;
(9) Apply for and accept subventions, grants, loans,
advances, and contributions from any source of money, property, labor, or other things of value, to be held, used and
applied as the authority deems necessary, useful, or convenient to accomplish its purposes;
(10) Establish guidelines for the participation by eligible
banking organizations in programs conducted by the authority under this chapter;
(11) Act as an agent, by agreement, for federal, state, or
local governmental entities to carry out the programs authorized in this chapter;
(12) Establish, revise, and collect such fees and charges
as the authority deems necessary, useful, or convenient to
accomplish its purposes;
(13) Make such expenditures as are appropriate for paying the administrative costs and expenses of the authority in
carrying out the provisions of this chapter: PROVIDED,
That expenditures with respect to the economic development
(2004 Ed.)
43.163.120
financing programs of the authority shall not be made from
funds of the state;
(14) Establish such reserves and special funds, and controls on deposits to and disbursements from them, as the
authority deems necessary, useful, or convenient to accomplish its purposes;
(15) Give assistance to public bodies by providing information, guidelines, forms, and procedures for implementing
their financing programs;
(16) Prepare, publish and distribute, with or without
charge, such studies, reports, bulletins, and other material as
the authority deems necessary, useful, or convenient to
accomplish its purposes;
(17) Delegate any of its powers and duties if consistent
with the purposes of this chapter;
(18) Adopt rules concerning its exercise of the powers
authorized by this chapter; and
(19) Exercise any other power the authority deems necessary, useful, or convenient to accomplish its purposes and
exercise the powers expressly granted in this chapter. [1990
c 53 § 6; 1989 c 279 § 11.]
43.163.110
43.163.110 Restrictions on authority's activity. Notwithstanding any other provision of this chapter, the authority
shall not:
(1) Give any state money or property or loan any state
money or credit to or in aid of any individual, association,
company, or corporation, or become directly or indirectly the
owner of any stock in or bonds of any association, company,
or corporation;
(2) Issue bills of credit or accept deposits of money for
time or demand deposit, administer trusts, engage in any
form or manner in, or in the conduct of, any private or commercial banking business, or act as a savings bank or savings
and loan association other than as provided in this chapter;
(3) Be or constitute a bank or trust company within the
jurisdiction or under the control of the director of financial
institutions, the comptroller of the currency of the United
States of America or the treasury department thereof;
(4) Be or constitute a bank, broker or dealer in securities
within the meaning of, or subject to the provisions of, any
securities, securities exchange or securities dealers' law of the
United States of America or the state;
(5) Engage in the financing of housing as provided for in
chapter 43.180 RCW;
(6) Engage in the financing of health care facilities as
provided for in chapter 70.37 RCW; or
(7) Engage in financing higher education facilities as
provided for in chapter 28B.07 RCW. [1994 c 92 § 499; 1989
c 279 § 12.]
43.163.120
43.163.120 Staffing, restrictions—Authority not to
receive appropriated state funds. The authority shall
receive no appropriation of state funds. The department of
community, trade, and economic development shall provide
staff to the authority, to the extent permitted by law, to enable
the authority to accomplish its purposes; the staff from the
department of community, trade, and economic development
may assist the authority in organizing itself and in designing
programs, but shall not be involved in the issuance of bonds
[Title 43 RCW—page 541]
43.163.130
Title 43 RCW: State Government—Executive
or in making credit decisions regarding financing provided to
borrowers by the authority. [1998 c 245 § 51; 1994 c 238 §
3; 1989 c 279 § 13.]
Severability—Effective date—1994 c 238: See notes following RCW
43.163.010.
43.163.130
43.163.130 Nonrecourse revenue bonds—Issuance.
(1) The authority may issue its nonrecourse revenue bonds in
order to obtain the funds to carry out the programs authorized
in this chapter. The bonds shall be special obligations of the
authority, payable solely out of the special fund or funds
established by the authority for their repayment.
(2) Any bonds issued under this chapter may be secured
by a financing document between the authority and the purchasers or owners of such bonds or between the authority and
a corporate trustee, which may be any trust company or bank
having the powers of a trust company within or without the
state.
(a) The financing document may pledge or assign, in
whole or in part, the revenues and funds held or to be
received by the authority, any present or future contract or
other rights to receive the same, and the proceeds thereof.
(b) The financing document may contain such provisions
for protecting and enforcing the rights, security, and remedies
of bondowners as may be reasonable and proper, including,
without limiting the generality of the foregoing, provisions
defining defaults and providing for remedies in the event of
default which may include the acceleration of maturities,
restrictions on the individual rights of action by bondowners,
and covenants setting forth duties of and limitations on the
authority in conduct of its programs and the management of
its property.
(c) In addition to other security provided in this chapter
or otherwise by law, bonds issued by the authority may be
secured, in whole or in part, by financial guaranties, by insurance or by letters of credit issued to the authority or a trustee
or any other person, by any bank, trust company, insurance or
surety company or other financial institution, within or without the state. The authority may pledge or assign, in whole or
in part, the revenues and funds held or to be received by the
authority, any present or future contract or other rights to
receive the same, and the proceeds thereof, as security for
such guaranties or insurance or for the reimbursement by the
authority to any issuer of such letter of credit of any payments
made under such letter of credit.
(3) Without limiting the powers of the authority contained in this chapter, in connection with each issue of its
obligation bonds, the authority shall create and establish one
or more special funds, including, but not limited to debt service and sinking funds, reserve funds, project funds, and such
other special funds as the authority deems necessary, useful,
or convenient.
(4) Any security interest created against the unexpended
bond proceeds and against the special funds created by the
authority shall be immediately valid and binding against the
money and any securities in which the money may be
invested without authority or trustee possession. The security
interest shall be prior to any party having any competing
claim against the moneys or securities, without filing or
recording under Article 9A of the Uniform Commercial
[Title 43 RCW—page 542]
Code, Title 62A RCW, and regardless of whether the party
has notice of the security interest.
(5) The bonds may be issued as serial bonds, term bonds
or any other type of bond instrument consistent with the provisions of this chapter. The bonds shall bear such date or
dates; mature at such time or times; bear interest at such rate
or rates, either fixed or variable; be payable at such time or
times; be in such denominations; be in such form; bear such
privileges of transferability, exchangeability, and interchangeability; be subject to such terms of redemption; and be
sold at public or private sale, in such manner, at such time or
times, and at such price or prices as the authority shall determine. The bonds shall be executed by the manual or facsimile
signatures of the authority's chair and either its secretary or
executive director, and may be authenticated by the trustee (if
the authority determines to use a trustee) or any registrar
which may be designated for the bonds by the authority.
(6) Bonds may be issued by the authority to refund other
outstanding authority bonds, at or prior to maturity of, and to
pay any redemption premium on, the outstanding bonds.
Bonds issued for refunding purposes may be combined with
bonds issued for the financing or refinancing of new projects.
Pending the application of the proceeds of the refunding
bonds to the redemption of the bonds to be redeemed, the
authority may enter into an agreement or agreements with a
corporate trustee regarding the interim investment of the proceeds and the application of the proceeds and the earnings on
the proceeds to the payment of the principal of and interest
on, and the redemption of, the bonds to be redeemed.
(7) The bonds of the authority may be negotiable instruments under Title 62A RCW.
(8) Neither the members of the authority, nor its employees or agents, nor any person executing the bonds shall be
personally liable on the bonds or be subject to any personal
liability or accountability by reason of the issuance of the
bonds.
(9) The authority may purchase its bonds with any of its
funds available for the purchase. The authority may hold,
pledge, cancel or resell the bonds subject to and in accordance with agreements with bondowners.
(10) The authority shall not exceed seven hundred fifty
million dollars in total outstanding debt at any time.
(11) The state finance committee shall be notified in
advance of the issuance of bonds by the authority in order to
promote the orderly offering of obligations in the financial
markets.
(12) The authority may not issue any bonds after June
30, 2006. [2001 c 304 § 2; 2001 c 32 § 2; 1998 c 48 § 1; 1994
c 238 § 5; 1989 c 279 § 14.]
Reviser's note: This section was amended by 2001 c 32 § 2 and by
2001 c 304 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2001 c 304: See note following RCW 43.163.090.
Effective date—2001 c 32: See note following RCW 62A.9A-102.
Severability—Effective date—1994 c 238: See notes following RCW
43.163.010.
43.163.140
43.163.140 Nonrecourse revenue bonds—Contracts—Restrictions. (1) Bonds issued by the authority
under this chapter shall not be deemed to constitute obliga(2004 Ed.)
Economic Development Finance Authority
tions, either general, special or moral, of the state or of any
political subdivision of the state, or pledge of the faith and
credit of the state or of any political subdivision, or general
obligations of the authority. The bonds shall be special obligations of the authority and shall be payable solely from the
special fund or funds created by the authority for their repayment. The issuance of bonds under this chapter shall not obligate, directly, indirectly, or contingently, the state or any
political subdivision of the state to levy any taxes or appropriate or expend any funds for the payment of the principal or
the interest on the bonds. The substance of the limitations
included in this paragraph shall be plainly printed, written,
engraved, or reproduced on each bond and in any disclosure
document prepared in conjunction with the offer and sale of
bonds.
(2) Neither the proceeds of bonds issued under this chapter nor any money used or to be used to pay the principal of,
premium, if any, or interest on the bonds shall constitute public money or property. All of such money shall be kept segregated and set apart from funds of the state and any political
subdivision of the state and shall not be subject to appropriation or allotment by the state or subject to the provisions of
chapter 43.88 RCW.
(3) Contracts entered into by the authority shall be
entered into in the name of the authority and not in the name
of the state. The obligations of the authority under such contracts shall be obligations only of the authority and shall not,
in any way, constitute obligations of the state. [1989 c 279 §
15.]
43.163.150
43.163.150 Nonrecourse revenue bonds—Financing
documents, scope. The authority may enter into financing
documents with borrowers regarding bonds issued by the
authority that may provide for the payment by each borrower
of amounts sufficient, together with other revenues available
to the authority, if any, to: (1) Pay the borrower's share of the
fees established by the authority; (2) pay the principal of, premium, if any, and interest on outstanding bonds of the authority issued in respect of such borrower as the same shall
become due and payable; and (3) create and maintain
reserves required or provided for by the authority in connection with the issuance of such bonds. The payments shall not
be subject to supervision or regulation by any department,
committee, board, body, bureau, or agency of the state other
than the authority. [1989 c 279 § 16.]
43.163.160
43.163.160 Nonrecourse revenue bonds—Money
received shall be trust funds. All money received by or on
behalf of the authority with respect to this issuance of its
bonds shall be trust funds to be held and applied solely as provided in this chapter. The authority, in lieu of receiving and
applying the moneys itself, may enter into trust agreement or
indenture with one or more banks or trust companies having
the power and authority to conduct trust business in the state
to:
(1) Perform all of any part of the obligations of the
authority with respect to: (a) Bonds issued by it; (b) the
receipt, investment and application of the proceeds of the
bonds and money paid by a participant or available from
other sources for the payment of the bonds; (c) the enforce(2004 Ed.)
43.163.210
ment of the obligations of a borrower in connection with the
financing or refinancing of any project; and (d) other matters
relating to the exercise of the authority's powers under this
chapter;
(2) Receive, hold, preserve, and enforce any security
interest or evidence of security interest granted by a participant for purposes of securing the payment of the bonds; and
(3) Act on behalf of the authority or the owners of bonds
of the authority for purposes of assuring or enforcing the payment of the bonds, when due. [1989 c 279 § 17.]
43.163.170
43.163.170 Nonrecourse revenue bonds—Owner and
trustee, enforcement of rights. Any owner of bonds of the
authority issued under this chapter, and the trustee under any
trust agreement or indenture, may, either at law or in equity,
by suit, action, mandamus or other proceeding, protect and
enforce any of their respective rights, and may become the
purchaser at any foreclosure sale if the person is the highest
bidder, except to the extent the rights given are restricted by
the authority in any bond resolution or trust agreement or
indenture authorizing the issuance of the bonds. [1989 c 279
§ 18.]
43.163.180
43.163.180 Nonrecourse revenue bonds as legal
investment. The bonds or [of] the authority are securities in
which all public officers and bodies of this state and all counties, cities, municipal corporations and political subdivisions,
all banks, eligible banking organizations, bankers, trust companies, savings banks and institutions, building and loan
associations, savings and loan associations, investment companies, insurance companies and associations, and all executors, administrators, guardians, trustees and other fiduciaries
may legally invest any sinking funds, moneys or other funds
belonging to them or within their control. [1989 c 279 § 19.]
43.163.190
43.163.190 Chapter as an alternative bond issuance
method. This chapter provides a complete, additional and
alternative method for accomplishing the purposes of this
chapter and shall be regarded as supplemental and additional
to powers conferred by other laws. The issuance of bonds and
refunding bonds under this chapter need not comply with the
requirements of any other law applicable to the issuance of
bonds. [1989 c 279 § 20.]
43.163.200
43.163.200 Construction. Insofar as the provisions of
this chapter are inconsistent with the provisions of any general or special law, or parts thereof, the provisions of this
chapter are controlling. [1989 c 279 § 21.]
43.163.210
43.163.210 Nonrecourse revenue bond financing—
Economic development activities—New products. For the
purpose of facilitating economic development in the state of
Washington and encouraging the employment of Washington
workers at meaningful wages:
(1) The authority may develop and conduct a program or
programs to provide nonrecourse revenue bond financing for
the project costs for economic development activities.
(2) The authority may develop and conduct a program
that will stimulate and encourage the development of new
products within Washington state by the infusion of financial
[Title 43 RCW—page 543]
43.163.901
Title 43 RCW: State Government—Executive
aid for invention and innovation in situations in which the
financial aid would not otherwise be reasonably available
from commercial sources. The authority is authorized to provide nonrecourse revenue bond financing for this program.
(a) For the purposes of this program, the authority shall
have the following powers and duties:
(i) To enter into financing agreements with eligible persons doing business in Washington state, upon terms and on
conditions consistent with the purposes of this chapter, for
the advancement of financial and other assistance to the persons for the development of specific products, procedures,
and techniques, to be developed and produced in this state,
and to condition the agreements upon contractual assurances
that the benefits of increasing or maintaining employment
and tax revenues shall remain in this state and accrue to it;
(ii) Own, possess, and take license in patents, copyrights,
and proprietary processes and negotiate and enter into contracts and establish charges for the use of the patents, copyrights, and proprietary processes when the patents and
licenses for products result from assistance provided by the
authority;
(iii) Negotiate royalty payments to the authority on patents and licenses for products arising as a result of assistance
provided by the authority;
(iv) Negotiate and enter into other types of contracts with
eligible persons that assure that public benefits will result
from the provision of services by the authority; provided that
the contracts are consistent with the state Constitution;
(v) Encourage and provide technical assistance to eligible persons in the process of developing new products;
(vi) Refer eligible persons to researchers or laboratories
for the purpose of testing and evaluating new products, processes, or innovations; and
(vii) To the extent permitted under its contract with eligible persons, to consent to a termination, modification, forgiveness, or other change of a term of a contractual right,
payment, royalty, contract, or agreement of any kind to which
the authority is a party.
(b) Eligible persons seeking financial and other assistance under this program shall forward an application,
together with an application fee prescribed by rule, to the
authority. An investigation and report concerning the advisability of approving an application for assistance shall be
completed by the staff of the authority. The investigation and
report may include, but is not limited to, facts about the company under consideration as its history, wage standards, job
opportunities, stability of employment, past and present
financial condition and structure, pro forma income statements, present and future markets and prospects, integrity of
management as well as the feasibility of the proposed product
and invention to be granted financial aid, including the state
of development of the product as well as the likelihood of its
commercial feasibility. After receipt and consideration of the
report set out in this subsection and after other action as is
deemed appropriate, the application shall be approved or
denied by the authority. The applicant shall be promptly notified of action by the authority. In making the decision as to
approval or denial of an application, priority shall be given to
those persons operating or planning to operate businesses of
special importance to Washington's economy, including, but
not limited to: (i) Existing resource-based industries of agri[Title 43 RCW—page 544]
culture, forestry, and fisheries; (ii) existing advanced technology industries of electronics, computer and instrument manufacturing, computer software, and information and design;
and (iii) emerging industries such as environmental technology, biotechnology, biomedical sciences, materials sciences,
and optics.
(3) The authority may also develop and implement, if
authorized by the legislature, such other economic development financing programs adopted in future general plans of
economic development finance objectives developed under
RCW 43.163.090.
(4) The authority may not issue any bonds for the programs authorized under this section after June 30, 2006.
[2001 c 304 § 3; 1998 c 48 § 2; 1997 c 257 § 2; 1996 c 310 §
1; 1994 c 238 § 4.]
Effective date—2001 c 304: See note following RCW 43.163.090.
Effective date—1996 c 310 § 1: "Section 1 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately [March 30, 1996]." [1996 c 310 § 3.]
Severability—Effective date—1994 c 238: See notes following RCW
43.163.010.
43.163.901
43.163.901 Severability—1989 c 279. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 279 § 26.]
Chapter 43.165 RCW
COMMUNITY REVITALIZATION TEAM—
ASSISTANCE TO DISTRESSED AREAS
Chapter 43.165
Sections
43.165.010
Definitions.
43.165.010
43.165.010 Definitions. Unless the context clearly
requires to the contrary, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of community,
trade, and economic development.
(2) "Director" means the director of the department.
(3) "Distressed area" means: (a) A county that has an
unemployment rate that is twenty percent above the statewide
average for the previous three years; (b) a county that has a
median household income that is less than seventy-five percent of the state median household income for the previous
three years; (c) a community or area that has experienced
sudden and severe or long-term and severe loss of employment, or erosion of its economic base due to decline of its
dominant industries; or (d) an area within a county which
area: (i) Is composed of contiguous census tracts; (ii) has a
minimum population of five thousand persons; (iii) has at
least seventy percent of its families and unrelated individuals
with incomes below eighty percent of the county's median
income for families and unrelated individuals; and (iv) has an
unemployment rate which is at least forty percent higher than
the county's unemployment rate. For purposes of this definition, "families and unrelated individuals" has the same meaning that is ascribed to that term by the federal department of
housing and urban development in its regulations authorizing
(2004 Ed.)
Washington State Development Loan Fund Committee
action grants for economic development and neighborhood
revitalization projects.
(4) "Economic development revolving loan funds"
means a local, not-for-profit or governmentally sponsored
business loan program.
(5) "Team" means the community revitalization team.
(6) "Technical assistance" includes, but is not limited to,
assistance with strategic planning, market research, business
plan development review, organization and management
development, accounting and legal services, grant and loan
packaging, and other assistance which may be expected to
contribute to the redevelopment and economic well-being of
a distressed area. [1996 c 290 § 2; 1995 c 399 § 91; 1987 c
461 § 1; 1985 c 229 § 1.]
Chapter 43.168 RCW
WASHINGTON STATE DEVELOPMENT LOAN
FUND COMMITTEE
Chapter 43.168
Sections
43.168.010
43.168.020
43.168.031
43.168.040
43.168.050
43.168.055
43.168.060
43.168.070
43.168.090
43.168.100
43.168.110
43.168.120
43.168.130
43.168.150
43.168.900
Public disclosure: RCW 42.17.310.
43.168.010 Legislative findings and declaration. The
legislature finds that:
(1) The economic health and well-being of the state, particularly in areas of high unemployment, economic stagnation, and poverty, is of substantial public concern.
(2) The consequences of minimal economic activity and
persistent unemployment and underemployment are serious
threats to the safety, health, and welfare of residents of these
areas, decreasing the value of private investments and jeopardizing the sources of public revenue.
(3) The economic and social interdependence of communities and the vitality of industrial and economic activity
necessitates, and is in part dependent on preventing substantial dislocation of residents and rebuilding the diversification
of the areas' economy.
(4) The ability to remedy problems in stagnant areas of
the state is beyond the power and control of the regulatory
process and influence of the state, and the ordinary operations
of private enterprise without additional governmental assistance are insufficient to adequately remedy the problems of
poverty and unemployment.
(2004 Ed.)
(5) The revitalization of depressed communities requires
the stimulation of private investment, the development of
new business ventures, the provision of capital to ventures
sponsored by local organizations and capable of growth in
the business markets, and assistance to viable, but underfinanced, small businesses in order to create and preserve
jobs that are sustainable in the local economy.
Therefore, the legislature declares there to be a substantial public purpose in providing capital to promote economic
development and job creation in areas of economic stagnation, unemployment, and poverty. To accomplish this purpose, the legislature hereby creates the rural Washington loan
fund and vests in the department of community, trade, and
economic development the authority to spend federal funds
to stimulate the economy of distressed areas. [1999 c 164 §
501; 1985 c 164 § 1.]
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
43.168.020
Legislative findings and declaration.
Definitions.
State development loan fund committee—Terminated June 30,
1994—Powers and duties transferred.
Approval of applications for federal community development
block grant funds for projects.
Application approval—Conditions and limitations.
Application priorities.
Staff support and other duties of department—Rules.
Processing of applications—Contents of applications.
Availability of funds for committee use.
Entitlement community grants—Conditions.
Rural Washington loan fund.
Guidelines for use of funds for existing economic development revolving loan funds—Grants to local governments to
assist existing economic development revolving loan funds.
Development of performance standards.
Minority and women-owned businesses—Application process—Joint loan guarantee program.
Severability—1985 c 164.
Community economic revitalization board to cooperate with committee:
RCW 43.160.115.
43.168.010
43.168.020
43.168.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of community,
trade, and economic development.
(2) "Director" means the director of community, trade,
and economic development.
(3) "Distressed area" means: (a) A rural county; (b) a
county which has an unemployment rate which is twenty percent above the state average for the immediately previous
three years; (c) a county that has a median household income
that is less than seventy-five percent of the state median
household income for the previous three years; (d) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of
commerce, in which the average level of unemployment for
the calendar year immediately preceding the year in which an
application is filed under this chapter exceeds the average
state unemployment for such calendar year by twenty percent; (e) an area within a county, which area: (i) Is composed
of contiguous census tracts; (ii) has a minimum population of
five thousand persons; (iii) has at least seventy percent of its
families and unrelated individuals with incomes below eighty
percent of the county's median income for families and unrelated individuals; and (iv) has an unemployment rate which is
at least forty percent higher than the county's unemployment
rate; or (f) a county designated as a rural natural resources
impact area under *RCW 43.31.601 if an application is filed
by July 1, 1997. For purposes of this definition, "families and
unrelated individuals" has the same meaning that is ascribed
to that term by the federal department of housing and urban
development in its regulations authorizing action grants for
economic development and neighborhood revitalization
projects.
(4) "Fund" means the rural Washington loan fund.
(5) "Local development organization" means a nonprofit
organization which is organized to operate within an area,
demonstrates a commitment to a long-standing effort for an
economic development program, and makes a demonstrable
effort to assist in the employment of unemployed or underemployed residents in an area.
[Title 43 RCW—page 545]
43.168.031
Title 43 RCW: State Government—Executive
(6) "Project" means the establishment of a new or
expanded business in an area which when completed will
provide employment opportunities. "Project" also means the
retention of an existing business in an area which when completed will provide employment opportunities.
(7) "Rural county" means a county with a population
density of fewer that one hundred persons per square mile as
determined by the office of financial management. [1999 c
164 § 502; 1996 c 290 § 3; 1995 c 226 § 27; 1993 c 280 § 56;
1991 c 314 § 19; 1988 c 42 § 18; 1987 c 461 § 2; 1985 c 164
§ 2.]
*Reviser's note: RCW 43.31.601 was repealed by 1995 c 226 § 35,
effective June 30, 2001.
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Severability—Conflict with federal requirements—Effective date—
1995 c 226: See notes following RCW 43.160.020.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
Findings—1991 c 314: See note following RCW 43.160.020.
Severability—1988 c 42: See note following RCW 4.24.480.
43.168.031
43.168.031 State development loan fund committee—Terminated June 30, 1994—Powers and duties
transferred. The Washington state development loan fund
committee shall be terminated on June 30, 1994, and its powers and duties transferred to the director of the department of
community, trade, and economic development. [1995 c 399
§ 92; 1988 c 186 § 7.]
43.168.040
43.168.040 Approval of applications for federal community development block grant funds for projects. Subject to the restrictions contained in this chapter, the committee is authorized to approve applications of local governments for federal community development block grant
funds which the local governments would use to make loans
to finance business projects within their jurisdictions. Applications approved by the committee under this chapter shall
conform to applicable federal requirements. [1987 c 461 § 3;
1985 c 164 § 4.]
43.168.050
43.168.050 Application approval—Conditions and
limitations. (1) The committee may only approve an application providing a loan for a project which the committee
finds:
(a) Will result in the creation of employment opportunities, the maintenance of threatened employment, or development or expansion of business ownership by minorities and
women;
(b) Has been approved by the director as conforming to
federal rules and regulations governing the spending of federal community development block grant funds;
(c) Will be of public benefit and for a public purpose,
and that the benefits, including increased or maintained
employment, improved standard of living, the employment of
disadvantaged workers, and development or expansion of
business ownership by minorities and women, will primarily
accrue to residents of the area;
(d) Will probably be successful;
[Title 43 RCW—page 546]
(e) Would probably not be completed without the loan
because other capital or financing at feasible terms is unavailable or the return on investment is inadequate.
(2) The committee shall, subject to federal block grant
criteria, give higher priority to economic development
projects that contain provisions for child care.
(3) The committee may not approve an application if it
fails to provide for adequate reporting or disclosure of financial data to the committee. The committee may require an
annual or other periodic audit of the project books.
(4) The committee may require that the project be managed in whole or in part by a local development organization
and may prescribe a management fee to be paid to such organization by the recipient of the loan or grant.
(5)(a) Except as provided in (b) of this subsection, the
committee shall not approve any application which would
result in a loan or grant in excess of three hundred fifty thousand dollars.
(b) The committee may approve an application which
results in a loan or grant of up to seven hundred thousand dollars if the application has been approved by the director.
(6) The committee shall fix the terms and rates pertaining to its loans.
(7) Should there be more demand for loans than funds
available for lending, the committee shall provide loans for
those projects which will lead to the greatest amount of
employment or benefit to a community. In determining the
"greatest amount of employment or benefit" the committee
shall also consider the employment which would be saved by
its loan and the benefit relative to the community, not just the
total number of new jobs or jobs saved.
(8) To the extent permitted under federal law the committee shall require applicants to provide for the transfer of
all payments of principal and interest on loans to the *Washington state development loan fund created under this chapter. Under circumstances where the federal law does not permit the committee to require such transfer, the committee
shall give priority to applications where the applicants on
their own volition make commitments to provide for the
transfer.
(9) The committee shall not approve any application to
finance or help finance a shopping mall.
(10) For loans not made to minority and women-owned
businesses, the committee shall make at least eighty percent
of the appropriated funds available to projects located in distressed areas, and may make up to twenty percent available to
projects located in areas not designated as distressed. For
loans not made to minority and women-owned businesses,
the committee shall not make funds available to projects
located in areas not designated as distressed if the fund's net
worth is less than seven million one hundred thousand dollars.
(11) If an objection is raised to a project on the basis of
unfair business competition, the committee shall evaluate the
potential impact of a project on similar businesses located in
the local market area. A grant may be denied by the committee if a project is not likely to result in a net increase in
employment within a local market area.
(12) For loans to minority and women-owned businesses
who do not meet the credit criteria, the committee may consider nontraditional credit standards to offset past discrimina(2004 Ed.)
Washington State Development Loan Fund Committee
tion that has precluded full participation of minority or
women-owned businesses in the economy. For applicants
with high potential who do not meet the credit criteria, the
committee shall consider developing alternative borrowing
methods. For applicants denied loans due to credit problems,
the committee shall provide financial counseling within
available resources and provide referrals to credit rehabilitation services. In circumstances of competing applications,
priority shall be given to members of eligible groups which
previously have been least served by this fund. [1993 c 512
§ 12; 1990 1st ex.s. c 17 § 74; 1989 c 430 § 9; 1987 c 461 §
4; 1986 c 204 § 2; 1985 c 164 § 5.]
*Reviser's note: The "Washington state development loan fund" was
renamed the "rural Washington loan fund" pursuant to 1999 c 164 § 504.
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
Intent—1990 1st ex.s. c 17: See note following RCW 43.210.010.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Legislative findings—Severability—1989 c 430: See notes following
RCW 43.31.502.
43.168.055
43.168.055 Application priorities. In addition to the
requirements of RCW 43.168.050, the department shall, subject to applicable federal funding criteria, give priority to
applications that capitalize or recapitalize an existing or new
local revolving fund based on criteria established by the
department. [1999 c 164 § 503.]
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
43.168.060
43.168.060 Staff support and other duties of department—Rules. The department shall provide adequate and
appropriate staff and other support to the committee. A
record of committee proceedings shall be maintained by the
department. The department is encouraged to work with local
development organizations to promote applications for loans
by the fund. The department shall also provide assistance to
local development organizations and local governments to
identify viable projects for consideration by the committee.
The department shall adopt such rules and regulations as are
appropriate for the committee to carry out its authority under
this chapter. [1985 c 164 § 6.]
43.168.070
43.168.070 Processing of applications—Contents of
applications. The committee may receive and approve
applications on a monthly basis but shall receive and approve
applications on at least a quarterly basis for each fiscal year.
The committee shall make every effort to simplify the loan
process for applicants. Department staff shall process and
assist in the preparation of applications. Each application
shall show in detail the nature of the project, the types and
numbers of jobs to be created, wages to be paid to new
employees, and methods to hire unemployed persons from
the area. Each application shall contain a credit analysis of
the business to receive the loan. The chairperson of the committee may convene the committee on short notice to respond
to applications of a serious or immediate nature. [1993 c 512
§ 14; 1987 c 461 § 5; 1985 c 164 § 7.]
(2004 Ed.)
43.168.120
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.168.090
43.168.090 Availability of funds for committee use.
The department shall make available for use by the committee an amount of federal community development block grant
funds equal to the amount of state funds transferred or appropriated to the department for purposes of supplementing the
department's block grant funds. [1985 c 164 § 9.]
43.168.100
43.168.100 Entitlement community grants—Conditions. The committee may make grants of state funds to local
governments which qualify as "entitlement communities"
under the federal law authorizing community development
block grants. These grants may only be made on the condition that the entitlement community provide the committee
with assurances that it will: (1) Spend the grant moneys for
purposes and in a manner which satisfies state constitutional
requirements; (2) spend the grant moneys for purposes and in
a manner which would satisfy federal requirements; and (3)
spend at least the same amount of the grant for loans to businesses from the federal funds received by the entitlement
community. [1993 c 512 § 15; 1986 c 204 § 1; 1985 c 164 §
10.]
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.168.110
43.168.110 Rural Washington loan fund. There is
established the rural Washington loan fund which shall be an
account in the state treasury. All loan payments of principal
and interest which are transferred under RCW 43.168.050
shall be deposited into the account. Moneys in the account
may be spent only after legislative appropriation for loans
under this chapter. Any expenditures of these moneys shall
conform to federal law. [1999 c 164 § 504; 1992 c 235 § 11;
1985 c 164 § 11.]
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
43.168.120
43.168.120 Guidelines for use of funds for existing
economic development revolving loan funds—Grants to
local governments to assist existing economic development revolving loan funds. (1) The department shall
develop guidelines for rural Washington loan funds to be
used to fund existing economic development revolving loan
funds. Consideration shall be given to the selection process
for grantees, loan quality criteria, legal and regulatory issues,
and ways to minimize duplication between rural Washington
loan funds and local economic development revolving loan
funds.
(2) If it appears that all of the funds appropriated to the
fund for a biennium will not be fully granted to local governments within that biennium, the department may make available up to twenty percent of the eighty percent of the funds
available to projects in distressed areas under RCW
43.168.050(10) for grants to local governments to assist
existing economic development revolving loan funds in distressed areas. The grants to local governments shall be utilized to make loans to businesses that meet the specifications
for loans under this chapter. The local governments shall, to
[Title 43 RCW—page 547]
43.168.130
Title 43 RCW: State Government—Executive
the extent permitted under federal law, agree to convey to the
fund the principal and interest payments from existing loans
that the local governments have made through their revolving
loan funds. Under circumstances where the federal law does
not permit the department to require such transfer, the department shall give priority to applications where the applicants
on their own volition make commitments to provide for the
transfer. [1999 c 164 § 505; 1987 c 461 § 6.]
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 164 § 15.]
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Sections
Chapter 43.170
43.170.010
43.170.020
43.170.030
43.168.130
43.168.130 Development of performance standards.
The committee shall develop performance standards for judging the effectiveness of the program. Such standards shall
include, to the extent possible, examining the effectiveness of
grants in regard to:
(1) Job creation for individuals of low and moderate
income;
(2) Retention of existing employment;
(3) The creation of new employment opportunities;
(4) The diversification of the economic base of local
communities;
(5) The establishment of employee cooperatives;
(6) The provision of assistance in cases of employee
buy-outs of firms to prevent the loss of existing employment;
(7) The degree of risk assumed by the *development
loan fund, with emphasis on loans which did not receive
financing from commercial lenders, but which are considered
financially sound. [1998 c 245 § 52; 1987 c 461 § 7.]
*Reviser's note: The "Washington state development loan fund" was
renamed the "rural Washington loan fund" pursuant to 1999 c 164 § 504.
43.168.150
43.168.150 Minority and women-owned businesses—
Application process—Joint loan guarantee program.
Subject to the restrictions contained in this chapter, the committee is authorized to approve applications of minority and
women-owned businesses for loans or loan guarantees from
the fund. Applications approved by the committee under this
chapter shall conform to applicable federal requirements. The
committee shall prioritize available funds for loan guarantees
rather than loans when possible. The committee may enter
into agreements with other public or private lending institutions to develop a joint loan guarantee program for minority
and women-owned businesses. If such a program is developed, the committee may provide funds, in conjunction with
the other organizations, to operate the program. This section
does not preclude the committee from making individual loan
guarantees.
To the maximum extent practicable, the funds available
under this section shall be made available on an equal basis to
minority and women-owned businesses. The committee shall
submit to the appropriate committees of the senate and house
of representatives quarterly reports that detail the number of
loans approved and the characteristics of the recipients by
ethnic and gender groups. [1993 c 512 § 13.]
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
43.168.900
43.168.900 Severability—1985 c 164. If any provision
of this act or its application to any person or circumstance is
[Title 43 RCW—page 548]
43.170.040
43.170.060
43.170.070
Chapter 43.170 RCW
SMALL BUSINESS INNOVATORS'
OPPORTUNITY PROGRAM
Legislative findings.
Definitions.
Small business innovators' opportunity program—Pilot project
established—Composition and structure—User fee.
Chairman of program.
Eligibility.
Referral to investment opportunities office.
43.170.010
43.170.010 Legislative findings. The legislature recognizes the numerous benefits to the state's economic base from
the establishment of small businesses by innovators and
inventors and the numerous benefits provided by inventors
and innovators through industrial diversification, broadening
of the economic base, and providing financial benefits to our
citizens and new products to the nation's consumers.
It is estimated that ninety-five percent of all inventions
and innovations are never authoritatively considered primarily because inventors are unfamiliar with the business environment or financial structure necessary for implementing
their proposals.
The legislature therefore recognizes a need to encourage
and assist innovators and inventors. [1982 c 44 § 1.]
43.170.020
43.170.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of community,
trade, and economic development.
(2) "Director" means the director of community, trade,
and economic development.
(3) "Program" means the small business innovators'
opportunity program.
(4) "Inventor" or "innovator" means one who thinks of,
imagines, or creates something new which may result in a
device, contrivance, or process for the first time, through the
use of the imagination or ingenious thinking and experimentation.
(5) "Proposal" means a plan provided by an inventor or
innovator on an idea for an invention or an improvement.
(6) "Higher education" means any university, college,
community college, or technical institute in this state. [1995
c 399 § 93; 1985 c 466 § 60; 1982 c 44 § 2.]
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
43.170.030
43.170.030 Small business innovators' opportunity
program—Pilot project established—Composition and
structure—User fee. The department, in cooperation with
institutions of higher education, shall establish as a pilot
project a small business innovators' opportunity program to
provide a professional research and counseling service on a
user fee basis to inventors, innovators, and the business community.
(2004 Ed.)
Minority and Women-Owned Businesses—Small Business Bonding Assistance Program
The composition and organizational structure of the program shall be determined by the department in a manner
which will foster the continuation of the program without
state funding at the end of the pilot project established by this
chapter. The department shall provide staff support for the
program for the duration of the pilot project. The program
shall:
(1) Receive proposals from inventors and innovators;
(2) Review proposals for accuracy and evaluate their
prospects for marketability;
(3) Cooperate with institutions of higher education to
evaluate proposals for marketability, suitability for patent
rights, and for the provision of professional research and
counseling;
(4) Provide assistance to the innovators and inventors as
appropriate; and
(5) Have the power to receive funds, contract with institutions of higher education, and carry out such other duties as
are deemed necessary to implement this chapter.
The user fee shall be set by the director in an amount
which is designed to recover the cost of the services provided. [1995 c 399 § 94; 1985 c 466 § 61; 1982 c 44 § 3.]
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
43.170.040 Chairman of program. The director shall
be the chairman of the program during the pilot project.
[1982 c 44 § 4.]
43.170.040
43.170.060 Eligibility. Only businesses with fifty
employees or less which are not subsidiaries of another business and individuals are eligible to participate in the program.
[1982 c 44 § 6.]
43.170.060
43.170.070 Referral to investment opportunities
office. Any innovation or inventor receiving assistance under
this program shall be referred to the investment opportunities
office operated by the department. [1995 c 399 § 95; 1989 c
312 § 9.]
43.170.070
Severability—1989 c 312: See note following RCW 43.31.403.
Investment opportunities office: RCW 43.31.403.
Chapter 43.172
Chapter 43.172 RCW
MINORITY AND WOMEN-OWNED
BUSINESSES—SMALL BUSINESS
BONDING ASSISTANCE PROGRAM
Sections
43.172.005
43.172.010
43.172.011
43.172.020
43.172.030
43.172.040
43.172.050
43.172.060
43.172.070
43.172.080
43.172.090
43.172.100
43.172.110
43.172.120
43.172.900
(2004 Ed.)
Intent.
Definitions.
Definitions—Bonding program.
Small business bonding assistance program—Implementation—Rules.
Assistance from other agencies.
Entrepreneurial training course.
Entrepreneurial accreditation of small contracting businesses.
Professional services assistance—One-time grants.
Grant administration.
Bond guarantees—Generally.
Bond guarantees—Approval process.
Small business bonding assistance program fund—Expenditures.
Small business bonding assistance program fund—Support.
Gifts, grants, endowments.
Short title—1993 c 512.
43.172.901
43.172.902
43.172.903
43.172.005
Part headings and section captions—1993 c 512.
Severability—1993 c 512.
Effective date—1993 c 512.
Minority and women business development office: RCW 43.31.0925.
43.172.005
43.172.005 Intent. It is the intent of the legislature to
combat discrimination in the economy.
(1) The legislature finds that discrimination is in part
responsible for:
(a) The disproportionately small percentage of the state's
businesses that are owned by minorities and women;
(b) The limited and unequal opportunity minority and
women entrepreneurs and business owners have to procure
small business financing; and
(c) The difficulty many minority and women-owned
contracting businesses have in securing bonds and contract
work.
(2) The legislature further finds that:
(a) Many minority and women entrepreneurs and business owners lack training in how to establish and operate a
business. This lack of training inhibits their competitiveness
when they apply for business loans, bonds, and contracts;
(b) Minorities and women are an increasingly expanding
portion of the population and work force. In order for these
individuals to fully contribute to the society and economy it
is necessary to ensure that minority and women entrepreneurs
and business owners are provided an equal opportunity to
procure small business financing, bonds, and contracts; and
(c) The growth of small businesses will have a favorable
impact on the Washington economy by creating jobs, increasing competition in the marketplace, and expanding tax revenues. Access to financial markets, bonds, and contracts by
entrepreneurs and small business owners is vital to this process. Without reasonable access to financing, bonds, and contracts, talented and aggressive entrepreneurs and small business owners are cut out of the economic system and the state's
economy suffers.
(3) Therefore, the legislature declares there to be a substantial public purpose in providing technical assistance in
the areas of marketing, finance, and management, and access
to capital resources, bonds, and contracts, to help start or
expand a minority or women-owned business, and specifically to encourage and make possible greater participation by
minorities and women in international trade, public works
and construction, and public facility concessions. To accomplish these purposes, it is the intent of the legislature to:
(a) Develop or contract for training courses in financing,
marketing, managing, accounting, and recordkeeping for a
small business and to make these programs available to
minority and women entrepreneurs and small business owners;
(b) Make public works and construction projects, public
facility concessions, and purchase of goods and services
accessible to a greater number of minority and womenowned businesses;
(c) Provide for the lending of nonstate funds to qualified
minority and women entrepreneurs and business owners in
order to provide the maximum practicable opportunity for
innovative minority and women entrepreneurs and business
owners to compete for small business financing; and
[Title 43 RCW—page 549]
43.172.010
Title 43 RCW: State Government—Executive
(d) Provide professional services assistance grants and
bond guarantees on behalf of qualified contractors in order to
provide the maximum practicable opportunity for minority
and women-owned contracting businesses to participate in
the Washington state economy by bidding and completing
various public and private contracting jobs. [1993 c 512 § 1.]
Linked deposit program: RCW 43.86A.060.
43.172.010
43.172.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Minority" means persons of color, including African-Americans, Hispanic/Latino Americans, Native Americans, and Asian/Pacific Islanders Americans;
(2) "Minority and women-owned business" means any
resident minority business enterprise or women's business
enterprise, certified as such by the office of minority and
women's business enterprises under chapter 39.19 RCW and
consistent with subsection (1) of this section. [1993 c 512 §
2.]
43.172.011
43.172.011 Definitions—Bonding program. Unless
the context clearly requires otherwise, the definitions in this
section apply throughout RCW 43.172.020 through
43.172.110.
(1) "Approved surety company" means a surety company approved by the department for participation in providing direct bonding assistance to qualified contractors.
(2) "Bond" means any bond or security required for bid,
payment, or performance of contracts.
(3) "Department" means the department of community,
trade, and economic development.
(4) "Program" means the Washington state small business bonding assistance program provided for in this chapter.
(5) "Qualified contractor" means any resident minority
business enterprise or women's business enterprise, as determined by the department to be consistent with the requirements of chapter 39.19 RCW and engaged in the contracting
business, which has obtained a certificate of accreditation
from the Washington state small business bonding assistance
program. [1995 c 399 § 96; 1993 c 512 § 16.]
43.172.020
43.172.020 Small business bonding assistance program—Implementation—Rules. There is established
within the department the Washington state small business
bonding assistance program to assist resident minority and
women-owned small contracting businesses to acquire the
managerial and financial skills, standards, and assistance necessary to enable them to obtain bid, payment, and performance bonds from surety companies for either advertised or
designated contracts. The department shall implement the
program by establishing a course of instruction as set forth in
RCW 43.172.040. The department shall encourage surety
companies and other private interests to help implement this
course of instruction to assist minority and women-owned
small contracting businesses. The department shall adopt
rules to ensure the proper implementation of the program set
forth in this chapter. [1995 c 399 § 97; 1993 c 512 § 17.]
[Title 43 RCW—page 550]
43.172.030
43.172.030 Assistance from other agencies. The
department shall seek information, advice, and assistance
from regional minority contractor organizations, and the
United States small business administration and any other
appropriate organization or agency.
The following departments, offices, and agencies shall,
at the request of the department, provide information, advice,
and assistance to the department:
(1) The department of general administration;
(2) The Washington state *business assistance center;
(3) The office of the insurance commissioner;
(4) The Washington state economic development
finance authority; and
(5) The office of minority and women's business enterprises. [1993 c 512 § 18.]
*Reviser's note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
43.172.040
43.172.040 Entrepreneurial training course. The
*business assistance center shall modify the entrepreneurial
training course established in RCW 43.31.093 in order to
provide instruction which is appropriate to the specific needs
of contracting businesses. This course of instruction shall be
available to resident minority and women-owned small business contractors. The instruction shall be intensive, practical
training courses in financing, bidding for contracts, managing, accounting, and recordkeeping for a contracting business, with an emphasis on federal, state, local, or private programs available to assist small contractors. The *business
assistance center shall appoint professional instructors, with
practical knowledge and experience in the field of small business contracting, to teach those courses developed to meet the
specific needs of contracting businesses. Instruction shall be
offered in major population centers throughout the state at
times and locations which are convenient for people in the
contracting business. [1993 c 512 § 19.]
*Reviser's note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
43.172.050
43.172.050 Entrepreneurial accreditation of small
contracting businesses. Any resident minority or womenowned small business contractor may select a key management employee or employees to attend any course of instruction established under RCW 43.31.093. When the records,
maintained by the *business assistance center, indicate that a
key management employee of a small contracting business
has attended all the courses offered, and has successfully
completed any tests required, the department shall award the
small contracting business a certificate of accreditation which
acknowledges successful completion of the courses. The
department may also award a certificate of accreditation if a
review of the key management employee's education, experience, and business history indicates that the business already
possesses the knowledge and skills offered through the
course of instruction, or if the key management employee
successfully completes all tests required of those who attend
the entrepreneurial training course. [1993 c 512 § 20.]
(2004 Ed.)
Minority and Women-Owned Businesses—Small Business Bonding Assistance Program
*Reviser's note: The business assistance center and its powers and
duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085,
43.31.087, and 43.31.089 were repealed by 1993 c 280 § 81, effective June
30, 1996.
43.172.060
43.172.060 Professional services assistance—Onetime grants. Any qualified contractor seeking a grant for
professional services assistance may apply to the department.
If approved, the department may enter into an agreement to
provide a grant of up to two thousand five hundred dollars on
behalf of a qualified contractor for the acquisition of the professional services of certified public accountants, construction management companies, or any other technical, surety,
financial, or managerial professionals. This assistance is only
available to a qualified contractor on a one-time basis. [1993
c 512 § 21.]
43.172.070
43.172.070 Grant administration. The department
shall administer all grants issued to assist qualified contractors and shall monitor the performance of all grant recipients
in order to provide such further assistance as is necessary to
ensure that all program requirements are met and that the program's purpose is fulfilled. However, nothing in this chapter
should be construed to restrict the rendering of program services to any qualified contractor over and above the services
provided by the grant. [1993 c 512 § 22.]
43.172.903
claims it may have against a qualified contractor who
defaults on a bond guaranteed by the program, including, but
not limited to, the institution of legal proceedings against the
defaulting contractor, prior to collecting on the guarantee.
[1993 c 512 § 24.]
43.172.100
43.172.100 Small business bonding assistance program fund—Expenditures. The Washington state small
business bonding assistance program fund is created in the
state treasury. Any amounts appropriated, donated, or
granted to the program shall be deposited and credited to the
program fund. Moneys in the program fund may be spent
only after appropriation. Expenditures from the program fund
shall only be used as follows:
(1) To pay the implementation costs of the program provided for in this chapter;
(2) To be disbursed by the department to enable qualified
contractors to obtain services provided for in this chapter;
and
(3) To guarantee bonds issued pursuant to RCW
43.172.080 and 43.172.090 and to pay such bonds in the
event of default by a qualified contractor.
However, the full faith and credit of the state of Washington shall not be used to secure the bonds and the state's liability shall be limited to the money appropriated by the legislature. [1993 c 512 § 25.]
43.172.080
43.172.080 Bond guarantees—Generally. If a qualified contractor makes a bond application to an approved
surety company for a public or private contracting job, but
fails to obtain the bond because the contractor is unable to
meet the requirements of the surety company on such bonding contracts, for reasons other than nonperformance, and if
the approved surety company applies to the department to
have the bond guaranteed by the program, then the department may provide a bond guarantee of up to seventy-five
thousand dollars on behalf of the qualified contractor. [1993
c 512 § 23.]
43.172.090
43.172.090 Bond guarantees—Approval process.
Upon receipt of an approved surety company's application for
a bond guarantee, the program supervisor shall review the
application in order to verify that:
(1) The bond being sought by the qualified contractor is
needed;
(2) The contracting job is within the qualified contractor's capability to perform; and
(3) The qualified contractor has not been denied a bond
due to nonperformance.
Based upon subsections (1) through (3) of this section,
the department shall either approve or disapprove the application. If the application is approved, the department has the
authority to enter into a contract with the approved surety
company. Under the terms of this contract the approved
surety company shall enter into a contract with, and issue the
required bond to, the qualified contractor at the standard fees
and charges usually made by the company for the type and
amount of the bond issued. The bond issued by the approved
surety company shall be guaranteed by money in the program
fund. The approved surety company shall also agree to make
a reasonable, good faith effort to pursue and collect any
(2004 Ed.)
43.172.110
43.172.110 Small business bonding assistance program fund—Support. The department shall solicit funds
and support from surety companies and other public and private entities with an interest in assisting Washington's small
business contractors and may enter into agreements with such
companies and interests by which they provide funds to the
program fund to be matched with funds from nonstate
sources. [1993 c 512 § 26.]
43.172.120
43.172.120 Gifts, grants, endowments. The department may receive gifts, grants, and endowments from public
or private sources that may be made from time to time, in
trust or otherwise, for the use and benefit of the Washington
state small business bonding assistance program and spend
gifts, grants, endowments or any income from the public or
private sources according to their terms. [1993 c 512 § 27.]
43.172.900
43.172.900 Short title—1993 c 512. This act may be
known and cited as the omnibus minority and women-owned
businesses assistance act. [1993 c 512 § 38.]
43.172.901
43.172.901 Part headings and section captions—1993
c 512. Part headings and section captions as used in this act
do not constitute part of the law. [1993 c 512 § 40.]
43.172.902
43.172.902 Severability—1993 c 512. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 512 § 41.]
43.172.903
43.172.903 Effective date—1993 c 512. This act is
necessary for the immediate preservation of the public peace,
[Title 43 RCW—page 551]
Chapter 43.176
Title 43 RCW: State Government—Executive
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 512 § 42.]
Chapter 43.176 RCW
SMALL BUSINESS INCUBATOR PROGRAM
Chapter 43.176
Sections
43.176.010
43.176.020
43.176.030
43.176.040
43.176.900
43.176.901
Policy.
Definitions.
Small business incubator program—Grants.
Small business incubator account.
Short title—2004 c 237.
Services dependent on legislative funding.
(b) Develop, in conjunction with the Washington association of small business incubators, criteria for receipt of grant
funds, including criteria related to organizational capacity,
community need, and the availability of other economic
development resources;
(c) Accept and receive grants, gifts, and pledges of funds
for the support of the small business incubator program,
which shall be deposited in the small business incubator
account established in RCW 43.176.040; and
(d) Integrate the promotion of small business incubators
as economic development tools in its strategic plan. [2004 c
237 § 3.]
43.176.040
43.176.010
43.176.010 Policy. It is hereby declared to be the policy
of the state of Washington to assist in the creation and expansion of innovative small commercial enterprises that produce
marketable goods and services through the employment of
Washington residents, the use of technology, and the application of best management practices. This policy is to be
implemented through the use of small business incubators.
[2004 c 237 § 1.]
43.176.020
43.176.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Business incubator" means a facility that offers:
(a) Space for start-up and expanding firms;
(b) The shared use of equipment and work areas;
(c) Daily management support services essential to highquality commercial operations; and
(d) Technical assistance.
(2) "Qualified small business incubator" means an incubator that is:
(a)(i) Designated as a nonprofit organization under section 501(c)(3) of the internal revenue code, or (ii) consists of
a partnership between a designated nonprofit organization
under section 501(c)(3) of the internal revenue code and a
government or quasi-government agency;
(b) Focused on developing small businesses in an economically distressed or disadvantaged area; and
(c) Structured around a sound business plan. [2004 c 237
§ 2.]
43.176.030
43.176.030 Small business incubator program—
Grants. (1) The small business incubator program is created
in the department of community, trade, and economic development to provide start-up and operating assistance to qualified small business incubators.
(2) The department shall award grants to qualified small
business incubator organizations for:
(a) Construction and equipment costs, up to a maximum
of three million dollars per recipient; and
(b) Provision of technical assistance to small businesses,
up to a maximum of one hundred twenty-five thousand dollars per year per recipient.
(3) The department shall:
(a) Require a grant recipient to show that it has the
resources to complete the project in a timely manner and the
state grant is not the sole source of funds;
[Title 43 RCW—page 552]
43.176.040 Small business incubator account. The
small business incubator account is created in the custody of
the state treasurer. All money received for the incubator program under RCW 43.176.030 must be deposited in the
account. Expenditures from the account may be used only
for the small business incubator program. Only the director
of the department of community, trade, and economic development or the director's designee may authorize expenditures
from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures. [2004 c 237 § 4.]
43.176.900
43.176.900 Short title—2004 c 237. This act may be
known as the Washington small business incubator and entrepreneurship assistance act of 2004. [2004 c 237 § 5.]
43.176.901
43.176.901 Services dependent on legislative funding.
The department of community, trade, and economic development shall have no duty to provide services related to the
small business incubator and entrepreneurship assistance act
of 2004 unless and until the small business incubator program and related administrative expenses are funded by the
legislature. [2004 c 237 § 6.]
Chapter 43.180
Chapter 43.180 RCW
HOUSING FINANCE COMMISSION
Sections
43.180.010
43.180.020
43.180.030
43.180.040
43.180.050
43.180.060
43.180.070
43.180.080
43.180.090
43.180.100
43.180.110
43.180.120
43.180.130
43.180.140
43.180.150
43.180.160
43.180.170
43.180.180
43.180.190
43.180.200
43.180.220
43.180.230
Declaration of public policies—Purpose.
Definitions.
Bonds not debt of state.
Commission created.
Housing financing powers—Annual audit.
No power of eminent domain or taxation.
Housing finance plan.
General powers.
Selection of bond counsel—Written policies to be adopted.
Selection of underwriters—Written policies to be adopted.
Review of initial policies adopted under RCW 43.180.090 and
43.180.100—Adoption—Change.
Rules for fair allocation of bond proceeds for nonrental single
family housing.
Protection of bondholders—Mortgage insurance.
Rules for energy efficiency.
Bond issues—Terms—Issuance—Purchase, etc.
Debt limitation.
Bond issues—Disposition of proceeds—Special fund.
Bond issues—Disposition of revenues—Special trust fund.
Legal investments.
Internal revenue code.
Housing finance program—Mortgage financing—Investments—Flexible loan underwriting guidelines.
Housing finance program—Program elements.
(2004 Ed.)
Housing Finance Commission
43.180.240
Housing finance program—Report to legislature annually—
Implementation.
43.180.300
43.180.310
43.180.320
43.180.330
43.180.340
43.180.350
43.180.360
43.180.900
43.180.901
43.180.902
43.180.903
43.180.904
Definitions.
Commission powers.
Revenue bonds.
Revenue refunding bonds.
Trust agreements.
Lessees or assignees.
Default.
Conflict with federal requirements.
Liberal construction.
Captions not part of law.
Severability—1983 c 161.
Effective dates—1983 c 161.
NONPROFIT CORPORATION FACILITIES
43.180.010 Declaration of public policies—Purpose.
It is declared to be the public policy of the state and a recognized governmental function to assist in making affordable
and decent housing available throughout the state and by so
doing to contribute to the general welfare. Decent housing for
the people of our state is a most important public concern.
Interest rates and construction costs have made it impossible
for many Washington citizens to purchase their own homes.
Older people, disabled persons, and low and moderate
income families often cannot afford to rent decent housing.
There exists throughout the state a serious shortage of safe,
sanitary and energy efficient housing available at prices
within the financial means of our citizens. General economic
development within the state is also impeded by a lack of
affordable housing. The state's economy, which is dependent
on the timber, wood products, and construction industries,
has been damaged by inadequate investment in housing construction and rehabilitation. The result has been high unemployment and economic hardship affecting the prosperity of
all the people of the state, particularly those in the wood products industry.
It is the purpose of this chapter to establish a state housing finance commission to act as a financial conduit which,
without using public funds or lending the credit of the state or
local government, can issue nonrecourse revenue bonds and
participate in federal, state, and local housing programs and
thereby make additional funds available at affordable rates to
help provide housing throughout the state. It is also a primary
purpose of this chapter to encourage the use of Washington
state forest products in residential construction. This chapter
is enacted to accomplish these and related purposes and shall
be liberally construed to carry out its purposes and objectives.
[1983 c 161 § 1.]
43.180.010
43.180.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Bonds" means the bonds, notes, or other evidences
of indebtedness of the commission, the interest paid on which
may or may not qualify for tax exemption.
(2) "Code" means the federal internal revenue code of
1954, as now or hereafter amended, and the regulations and
rulings promulgated thereunder.
(3) "Commission" means the Washington state housing
finance commission or any board, body, commission, department, or officer succeeding to the principal functions thereof
or to whom the powers conferred upon the commission shall
be given by law.
43.180.020
(2004 Ed.)
43.180.020
(4) "Costs of housing" means all costs related to the
development, design, acquisition, construction, reconstruction, leasing, rehabilitation, and other improvements of housing, as determined by the commission.
(5) "Eligible person" means a person or family eligible in
accordance with standards promulgated by the commission.
Such persons shall include those persons whose income is
insufficient to obtain at a reasonable cost, without financial
assistance, decent, safe, and sanitary housing in the area in
which the person or family resides, and may include such
other persons whom the commission determines to be eligible.
(6) "Housing" means specific new, existing, or improved
residential dwellings within this state or dwellings to be constructed within this state. The term includes land, buildings,
and manufactured dwellings, and improvements, furnishings,
and equipment, and such other nonhousing facilities, furnishings, equipment, and costs as may be incidental or appurtenant thereto if in the judgment of the commission the facilities, furnishings, equipment and costs are an integral part of
the project. Housing may consist of single-family or multifamily dwellings in one or more structures located on contiguous or noncontiguous parcels or any combination thereof.
Improvements may include such equipment and materials as
are appropriate to accomplish energy efficiency within a
dwelling. The term also includes a dwelling constructed by a
person who occupies and owns the dwelling, and nursing
homes licensed under chapter 18.51 RCW.
(7) "Mortgage" means a mortgage, mortgage deed, deed
of trust, security agreement, or other instrument securing a
mortgage loan and constituting a lien on or security interest in
housing. The property may be held in fee simple or on a
leasehold under a lease having a remaining term, at the time
the mortgage is acquired, of not less than the term of repayment of the mortgage loan secured by the mortgage. The
property may also be housing which is evidenced by an interest in a cooperative association or corporation if ownership of
the interest entitles the owner of the interest to occupancy of
a dwelling owned by the association or corporation.
(8) "Mortgage lender" means any of the following entities which customarily provide service or otherwise aid in the
financing of housing and which are approved as a mortgage
lender by the commission: A bank, trust company, savings
bank, national banking association, savings and loan association, building and loan association, mortgage banker, mortgage company, credit union, life insurance company, or any
other financial institution, governmental agency, municipal
corporation, or any holding company for any of the entities
specified in this subsection.
(9) "Mortgage loan" means an interest-bearing loan or a
participation therein, made to a borrower, for the purpose of
financing the costs of housing, evidenced by a promissory
note, and which may or may not be secured (a) under a mortgage agreement, (b) under any other security agreement,
regardless of whether the collateral is personal or real property, or (c) by insurance or a loan guarantee of a third party.
However, an unsecured loan shall not be considered a mortgage loan under this definition unless the amount of the loan
is under two thousand five hundred dollars. [1990 c 167 § 1;
1983 c 161 § 2.]
[Title 43 RCW—page 553]
43.180.030
Title 43 RCW: State Government—Executive
43.180.030
43.180.030 Bonds not debt of state. Bonds issued
under this chapter shall be issued in the name of the commission. The bonds shall not be obligations of the state of Washington and shall be obligations only of the commission payable from the special fund or funds created by the commission for their payment. Such funds shall not be or constitute
public moneys or funds of the state of Washington but at all
times shall be kept segregated and set apart from other funds.
Bonds issued under this chapter shall contain a recital on
their face to the effect that payment of the principal of, interest on, and prepayment premium, if any, on the bonds, shall
be a valid claim only as against the special fund or funds
relating thereto, that neither the faith and credit nor the taxing
power of the state or any municipal corporation, subdivision,
or agency of the state, other than the commission as set forth
in this chapter, is pledged to the payment of the principal of,
interest on, and prepayment premium, if any, on the bonds.
Contracts entered into by the commission shall be
entered into in the name of the commission and not in the
name of the state of Washington. The obligations of the commission under the contracts shall be obligations only of the
commission and are not in any way obligations of the state of
Washington. [1983 c 161 § 3.]
43.180.040
43.180.040 Commission created. (1) There is hereby
established a public body corporate and politic, with perpetual corporate succession, to be known as the Washington
state housing finance commission. The commission is an
instrumentality of the state exercising essential government
functions and, for purposes of the code, acts as a constituted
authority on behalf of the state when it issues bonds pursuant
to this chapter. The commission is a "public body" within the
meaning of RCW 39.53.010.
(2) The commission shall consist of the following voting
members:
(a) The state treasurer, ex officio;
(b) The director of community, trade, and economic
development, ex officio;
(c) An elected local government official, ex officio, with
experience in local housing programs, who shall be appointed
by the governor with the consent of the senate;
(d) A representative of housing consumer interests,
appointed by the governor with the consent of the senate;
(e) A representative of labor interests, appointed by the
governor, with the consent of the senate, after consultation
with representatives of organized labor;
(f) A representative of low-income persons, appointed
by the governor with the consent of the senate;
(g) Five members of the public appointed by the governor, with the consent of the senate, on the basis of geographic
distribution and their expertise in housing, real estate,
finance, energy efficiency, or construction, one of whom
shall be appointed by the governor as chair of the commission
and who shall serve on the commission and as chair of the
commission at the pleasure of the governor.
The term of the persons appointed by the governor, other
than the chair, shall be four years from the date of their
appointment, except that the terms of three of the initial
appointees shall be for two years from the date of their
appointment. The governor shall designate the appointees
who will serve the two-year terms. An appointee may be
[Title 43 RCW—page 554]
removed by the governor for cause pursuant to RCW
43.06.070 and 43.06.080. The governor shall fill any vacancy
in an appointed position by appointment for the remainder of
the unexpired term. If the *department of community development is abolished, the resulting vacancy shall be filled by a
state official who shall be appointed to the commission by the
governor. If this official occupies an office or position for
which senate confirmation is not required, then his or her
appointment to the commission shall be subject to the consent of the senate. The members of the commission shall be
compensated in accordance with RCW 43.03.240 and may be
reimbursed, solely from the funds of the commission, for
expenses incurred in the discharge of their duties under this
chapter, subject to the provisions of RCW 43.03.050 and
43.03.060. A majority of the commission constitutes a quorum. Designees shall be appointed in such manner and shall
exercise such powers as are specified by the rules of the commission.
(3) The commission may adopt an official seal and may
select from its membership a vice chair, a secretary, and a
treasurer. The commission shall establish rules concerning its
exercise of the powers authorized by this chapter. The rules
shall be adopted in conformance with chapter 34.05 RCW.
[1995 c 399 § 98; 1985 c 6 § 14; 1984 c 287 § 90; 1983 c 161
§ 4.]
*Reviser's note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
43.180.050
43.180.050 Housing financing powers—Annual
audit. (1) In addition to other powers and duties prescribed
in this chapter, and in furtherance of the purposes of this
chapter to provide decent, safe, sanitary, and affordable housing for eligible persons, the commission is empowered to:
(a) Issue bonds in accordance with this chapter;
(b) Invest in, purchase, or make commitments to purchase or take assignments from mortgage lenders of mortgages or mortgage loans;
(c) Make loans to or deposits with mortgage lenders for
the purpose of making mortgage loans; and
(d) Participate fully in federal and other governmental
programs and to take such actions as are necessary and consistent with this chapter to secure to itself and the people of
the state the benefits of those programs and to meet their
requirements, including such actions as the commission considers appropriate in order to have the interest payments on
its bonds and other obligations treated as tax exempt under
the code.
(2) The commission shall establish eligibility standards
for eligible persons, considering at least the following factors:
(a) Income;
(b) Family size;
(c) Cost, condition and energy efficiency of available
residential housing;
(d) Availability of decent, safe, and sanitary housing;
(e) Age or infirmity; and
(f) Applicable federal, state, and local requirements.
(2004 Ed.)
Housing Finance Commission
The state auditor shall audit the books, records, and
affairs of the commission annually to determine, among other
things, if the use of bond proceeds complies with the general
plan of housing finance objectives including compliance with
the objective for the use of financing assistance for implementation of cost-effective energy efficiency measures in
dwellings. [1986 c 264 § 1; 1983 c 161 § 5.]
43.180.060
43.180.060 No power of eminent domain or taxation.
The commission does not have the power of eminent domain
and the commission does not have the power to levy any
taxes of any kind. [1983 c 161 § 6.]
43.180.070
43.180.070 Housing finance plan. The commission
shall adopt a general plan of housing finance objectives to be
implemented by the commission during the period of the
plan. The commission may exercise the powers authorized
under this chapter prior to the adoption of the initial plan. In
developing the plan, the commission shall consider and set
objectives for:
(1) The use of funds for single-family and multifamily
housing;
(2) The use of funds for new construction, rehabilitation,
including refinancing of existing debt, and home purchases;
(3) The housing needs of low-income and moderateincome persons and families, and of elderly or mentally or
physically handicapped persons;
(4) The use of funds in coordination with federal, state,
and local housing programs for low-income persons;
(5) The use of funds in urban, rural, suburban, and special areas of the state;
(6) The use of financing assistance to stabilize and
upgrade declining urban neighborhoods;
(7) The use of financing assistance for economically
depressed areas, areas of minority concentration, reservations, and in mortgage-deficient areas;
(8) The geographical distribution of bond proceeds so
that the benefits of the housing programs provided under this
chapter will be available to address demand on a fair basis
throughout the state;
(9) The use of financing assistance for implementation of
cost-effective energy efficiency measures in dwellings.
The plan shall include an estimate of the amount of
bonds the commission will issue during the term of the plan
and how bond proceeds will be expended.
The plan shall be adopted by resolution of the commission following at least one public hearing thereon, notice of
which shall be made by mailing to the clerk of the governing
body of each county and by publication in the Washington
State Register no more than forty and no less than twenty
days prior to the hearing. A draft of the plan shall be made
available not less than thirty days prior to any such public
hearing. At least every two years, the commission shall report
to the legislature regarding implementation of the plan.
The commission may periodically update the plan.
The commission shall adopt rules designed to result in
the use of bond proceeds in a manner consistent with the plan.
The commission may periodically update its rules.
This section is designed to deal only with the use of bond
proceeds and nothing in this section shall be construed as a
(2004 Ed.)
43.180.080
limitation on the commission's authority to issue bonds.
[1999 c 372 § 11; 1999 c 131 § 1; 1983 c 161 § 7.]
Reviser's note: This section was amended by 1999 c 131 § 1 and by
1999 c 372 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
43.180.080
43.180.080 General powers. In addition to other powers and duties specified in this chapter, the commission may:
(1) Establish in resolutions relating to any issuance of
bonds, or in any financing documents relating to such issuance, such standards and requirements applicable to the purchase of mortgages and mortgage loans or the making of
loans to mortgage lenders as the commission deems necessary or desirable, including but not limited to: (a) The time
within which mortgage lenders must make commitments and
disbursements for mortgages or mortgage loans; (b) the location and other characteristics of single-family housing or
multifamily housing to be financed by mortgages and mortgage loans; (c) the terms and conditions of mortgages and
mortgage loans to be acquired; (d) the amounts and types of
insurance coverage required on mortgages, mortgage loans,
and bonds; (e) the representations and warranties of mortgage
lenders confirming compliance with such standards and
requirements; (f) restrictions as to interest rate and other
terms of mortgages or mortgage loans or the return realized
therefrom by mortgage lenders; (g) the type and amount of
collateral security to be provided to assure repayment of any
loans from the commission and to assure repayment of
bonds; and (h) any other matters related to the purchase of
mortgages or mortgage loans or the making of loans to lending institutions as shall be deemed relevant by the commission;
(2) Sue and be sued in its own name;
(3) Make and execute contracts and all other instruments
necessary or convenient for the exercise of its purposes or
powers, including but not limited to contracts or agreements
for the origination, servicing, and administration of mortgages or mortgage loans, and the borrowing of money;
(4) Procure such insurance, including but not limited to
insurance: (a) Against any loss in connection with its property and other assets, including but not limited to mortgages
or mortgage loans, in such amounts and from such insurers as
the commission deems desirable, and (b) to indemnify members of the commission for acts done in the course of their
duties;
(5) Provide for the investment of any funds, including
funds held in reserve, not required for immediate disbursement, and provide for the selection of investments;
(6) Fix, revise, and collect fees and charges in connection with the investigation and financing of housing or in connection with assignments, contracts, purchases of mortgages
or mortgage loans, or any other actions permitted under this
chapter or by the commission; and receive grants and contributions;
(7) Make such expenditures as are appropriate for paying
the administrative costs of the commission and for carrying
out the provisions of this chapter. These expenditures may be
made only from funds consisting of the commission's receipts
from fees and charges, grants and contributions, the proceeds
of bonds issued by the commission, and other revenues; these
[Title 43 RCW—page 555]
43.180.090
Title 43 RCW: State Government—Executive
expenditures shall not be made from funds of the state of
Washington;
(8) Establish such special funds, and controls on deposits
to and disbursements from them, as it finds convenient for the
implementation of this chapter;
(9) Conduct such investigations and feasibility studies as
it deems appropriate;
(10) Proceed with foreclosure actions or accept deeds in
lieu of foreclosure together with the assignments of leases
and rentals incidental thereto. Any properties acquired by the
commission through such actions shall be sold as soon as
practicable through persons licensed under chapter 18.85
RCW or at public auction, or by transfer to a public agency.
In preparation for the disposition of the properties, the commission may own, lease, clear, construct, reconstruct, rehabilitate, repair, maintain, manage, operate, assign, or encumber the properties;
(11) Take assignments of leases and rentals;
(12) Subject to any provisions of the commission's contracts with the holders of obligations of the commission, consent to any modification with respect to rate of interest, time,
and payment of any installment of principal or interest or any
other term of any contract, mortgage, mortgage loan, mortgage loan commitment, contract, or agreement of any kind;
(13) Subject to provisions of the commission's contracts
with the holders of bonds, permit the reduction of rental or
carrying charges to persons unable to pay the regular rent or
schedule of charges if, by reason of other income of the commission or by reason of payment by any department, agency,
or instrumentality of the United States or of this state, the
reduction can be made without jeopardizing the economic
stability of the housing being financed;
(14) Sell, at public or private sale, with or without public
bidding, any mortgage, mortgage loan, or other instrument or
asset held by the commission;
(15) Employ, contract with, or engage engineers, architects, attorneys, financial advisors, bond underwriters, mortgage lenders, mortgage administrators, housing construction
or financing experts, other technical or professional assistants, and such other personnel as are necessary. The commission may delegate to the appropriate persons the power to
execute legal instruments on its behalf;
(16) Receive contributions or grants from any source
unless otherwise prohibited;
(17) Impose covenants running with the land in order to
satisfy and enforce the requirements of applicable state and
federal law and commission policy with respect to housing or
other facilities financed by the commission or assisted by
federal, state, or local programs administered by the commission, by executing and recording regulatory agreements or
other covenants between the commission and the person or
entity to be bound. These regulatory agreements and covenants shall run with the land and be enforceable by the commission or its successors or assigns against the person or
entity making the regulatory agreement or covenants or its
successors or assigns, even though there may be no privity of
estate or privity of contract between the commission or its
successors or assigns and the person or entity against whom
enforcement is sought. The term of any such covenant shall
be set forth in the recorded agreement containing the covenant. This subsection shall apply to regulatory agreements
[Title 43 RCW—page 556]
and covenants previously entered into by the commission as
well as regulatory agreements and covenants entered into by
the commission on or after July 27, 1997;
(18) Delegate any of its powers and duties if consistent
with the purposes of this chapter;
(19) Exercise any other power reasonably required to
implement the purposes of this chapter. [1997 c 163 § 1;
1983 c 161 § 8.]
43.180.090
43.180.090 Selection of bond counsel—Written policies to be adopted. (1) The commission shall adopt written
policies to provide for the selection of bond counsel. The policies shall provide for the creation and maintenance of a roster of attorneys whom the commission believes possess the
requisite special expertise and professional standing to provide bond counsel opinions which would be accepted by the
underwriters, bondholders, and other members of the financial community, and which would be in furtherance of the
public interest in obtaining the lowest possible interest rates
on the bonds issued by the commission. Any attorney may
apply to have his or her name placed on the roster, but may
not be placed on the roster unless the attorney demonstrates
to the commission's satisfaction that the attorney would issue
the kind of opinions required by this section.
(2) Prior to selecting an attorney or attorneys to provide
bond counsel services, the commission shall provide all attorneys on the roster with a notice of its intentions to select bond
counsel and shall invite each of them to submit to the commission his or her fee schedule for providing bond counsel
services. The commission shall have wide discretion in
selecting the attorney or attorneys it considers to be most
appropriate to provide the services, but in the exercise of this
discretion the commission shall consider all submitted fee
schedules and the public interest in achieving both savings in
bond counsel fees and issuance of bonds on terms most favorable to the commission. At least once every two calendar
years, the commission shall select anew an attorney or attorneys to serve as bond counsel. However, the commission
may retain an attorney for longer than two years when necessary to complete work on a particular bond issue. An attorney
previously retained may be selected again but only after the
commission has provided other attorneys on the roster with
an opportunity to be selected and has made the fee schedule
review required under this subsection. In addition to or as an
alternative to retaining counsel for a period of time, the commission may appoint an attorney to serve as counsel in
respect to only a particular bond issue. [1983 c 161 § 9.]
43.180.100
43.180.100 Selection of underwriters—Written policies to be adopted. (1) The commission shall adopt written
policies to provide for the selection of underwriters. The policies shall provide for the creation of a roster of underwriters
whom the commission believes possess the requisite special
expertise and professional standing to provide bond marketing services which would be accepted by bondholders and
other members of the financial community, and which would
be in furtherance of the public interest in marketing the commission's bonds at the lowest possible costs. Any underwriter
may apply to have its name placed on the roster, but may not
be placed on the roster unless it demonstrates to the commis(2004 Ed.)
Housing Finance Commission
sion's satisfaction that it meets the requirements of this section.
(2) Whenever the commission decides that it needs the
services of an underwriter, it shall provide all underwriters on
the roster with a notice of its intentions and shall invite each
of them to submit to the commission an itemization of its fees
and other charges for providing underwriting services on the
issue. The itemization shall be by categories designed by the
commission. The commission shall have wide discretion in
selecting the underwriter it considers to be most appropriate
to provide the services, but in the exercise of this discretion
the commission shall consider the underwriter's fees and
other charges and the public interest in achieving both savings in the total costs of underwriting services and issuance of
bonds on terms most favorable to the commission. [1983 c
161 § 10.]
43.180.110
43.180.110 Review of initial policies adopted under
RCW 43.180.090 and 43.180.100—Adoption—Change.
The commission shall submit the initial policies adopted
under RCW 43.180.090 and 43.180.100 to the chief clerk of
the house and the secretary of the senate for transmittal to and
review by the appropriate standing committees and the joint
administrative rules review committee. By January 1, 1984
the commission shall have adopted policies in the form of
rules and regulations under chapter 34.05 RCW. Such rules
and regulations may only be changed or revised in accordance with chapter 34.05 RCW. [1983 c 161 § 11.]
43.180.120
43.180.120 Rules for fair allocation of bond proceeds
for nonrental single family housing. The legislature recognizes that the demand for mortgage loans for nonrental single
family housing will probably greatly exceed the supply of
bond proceeds available to satisfy the demand. Therefore, the
commission shall adopt rules providing procedures to assure
that the bond proceeds available for that kind of housing shall
be made available to qualified mortgagors in a fair and equitable manner. [1983 c 161 § 12.]
43.180.130
43.180.130 Protection of bondholders—Mortgage
insurance. The commission is encouraged to adopt policies
which will assure that bondholders will be protected against
the failure to make mortgage payments financed under this
chapter. Such policies may require, among other things,
mortgage insurance. [1983 c 161 § 13.]
43.180.170
price or prices, as the commission determines. The bonds
shall be executed by the chair, by either its duly elected secretary or its treasurer, and by the trustee or paying agent if the
commission determines to use a trustee or paying agent for
the bonds. Execution of the bonds may be by manual or facsimile signature.
(2) The bonds of the commission shall be subject to such
terms, conditions, covenants, and protective provisions as are
found necessary or desirable by the commission, including,
but not limited to, pledges of the commission's assets, setting
aside of reserves, limitations on additional forms of indebtedness, and the mortgaging of all or any part of the commission's real or personal property, then owned or thereafter
acquired, and other provisions the commission finds are necessary or desirable for the security of bond holders.
(3) Any security interest created in the unexpended bond
proceeds and in the special funds created by the commission
shall be immediately valid and binding against such moneys
and any securities in which such moneys may be invested
without commission or trustee possession thereof, and the
security interest shall be prior to any party having any competing claim in such moneys or securities, without filing or
recording pursuant to *chapter 62A.9 RCW and regardless of
whether the party has notice of the security interest.
(4) When issuing bonds, the commission may provide
for the future issuance of additional bonds or parity debt on a
parity with outstanding bonds, and the terms and conditions
of their issuance. The commission may refund or advance
refund any bond of the commission in accordance with chapter 39.53 RCW or issue bonds with a subordinate lien against
the fund or funds securing outstanding bonds.
(5) The chair of the state finance committee or the chair's
designee shall be notified in advance of the issuance of bonds
by the commission in order to promote the orderly offering of
obligations in the financial markets.
(6) The members of the commission and any person executing the bonds are not liable personally on the indebtedness
or subject to any personal liability or accountability by reason
of the issuance thereof.
(7) The commission may, out of any fund available
therefor, purchase its bonds in the open market. [1983 c 161
§ 15.]
*Reviser's note: Chapter 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see chapter
62A.9A RCW.
43.180.160
43.180.140
43.180.140 Rules for energy efficiency. The commission shall adopt rules providing for financing assistance to
implement cost-effective energy efficiency improvements.
[1983 c 161 § 14.]
43.180.150
43.180.150 Bond issues—Terms—Issuance—Purchase, etc. (1) The commission's bonds shall bear such date
or dates, mature at such time or times, be in such denominations, be in such form, be registered or registrable in such
manner, be made transferable, exchangeable, and interchangeable, be payable in such medium of payment, at such
place or places, be subject to such terms of redemption, bear
such fixed or variable rate or rates of interest, be payable at
such time or times, and be sold in such manner and at such
(2004 Ed.)
43.180.160 Debt limitation. The total amount of outstanding indebtedness of the commission may not exceed
three billion dollars at any time. The calculation of outstanding indebtedness shall include the initial principal amount of
an issue and shall not include interest that is either currently
payable or that accrues as a part of the face amount of an
issue payable at maturity or earlier redemption. Outstanding
indebtedness shall not include notes or bonds as to which the
obligation of the commission has been satisfied and discharged by refunding or for which payment has been provided by reserves or otherwise. [1999 c 131 § 2; 1996 c 310
§ 2; 1986 c 264 § 2; 1983 c 161 § 16.]
43.180.170
43.180.170 Bond issues—Disposition of proceeds—
Special fund. Proceeds from the sale of all bonds issued
[Title 43 RCW—page 557]
43.180.180
Title 43 RCW: State Government—Executive
under this chapter received by the commission shall be
deposited forthwith by the commission in any trust company,
savings bank, savings and loan association, or bank having
the powers of a trust company within or without the state, in
a special fund or funds established for the particular purposes
for which the bonds were issued and sold, which money shall
not be funds of the state of Washington. Such fund or funds
shall at all times be segregated and set apart from all other
funds and held in trust for the purposes for which such bonds
were issued as determined by the commission. Money other
than bond sale proceeds received by the commission for these
same purposes, such as private contributions or grants from
the federal government, may be deposited in such fund or
funds. Proceeds received from the sale of the bonds may also
be used to defray the expenses of the commission in connection with and incidental to the issuance and sale of bonds, as
well as expenses for studies, surveys, estimates, plans,
inspections, and examinations of or incidental to the purposes
for which the bonds were issued, and other costs advanced
therefor by third parties or by the commission. In lieu of the
commission receiving and handling these moneys in the manner outlined in this section, the commission may appoint
trustees, depositaries, paying agents, and other financial institutions within or without the state to perform the functions
outlined and to receive, hold, disburse, invest, and reinvest
such funds on its behalf and for the protection of the bondholders. [1983 c 161 § 17.]
43.180.180
43.180.180 Bond issues—Disposition of revenues—
Special trust fund. All revenues received by the commission including funds received from contributions or grants or
in any other form to pay principal of and interest on bonds or
for other bond requirements such as reserves shall be deposited by the commission in any trust company, savings bank,
savings and loan association, or bank having the powers of a
trust company within or without the state, to the credit of a
special trust fund or funds. The commission may establish a
bond fund or funds, and a reserve, sinking fund and other
accounts therein, for payment of principal and interest and for
other special requirements of the bonds as determined by the
commission. In lieu of the commission receiving and handling these moneys as outlined in this section, the commission may appoint trustees, depositaries, paying agents, and
other financial institutions to perform the functions outlined
and to receive, hold, disburse, invest, and reinvest such funds
on its behalf and for the protection of the bondholders. Such
revenues and funds, whether received and held by the commission or by others on its behalf, shall not be or constitute
public funds of the state of Washington but at all times shall
be kept segregated and apart from all other funds. [1983 c
161 § 18.]
43.180.190
43.180.190 Legal investments. Bonds issued under
this chapter are hereby made securities in which all public
officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies in their
commercial departments, savings banks, cooperative banks,
banking associations, investment companies, executors,
trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in
[Title 43 RCW—page 558]
obligations of the state may properly and legally invest funds,
including capital in their control or belonging to them. Such
bonds are hereby made securities which may properly and
legally be deposited with and received by any state or municipal officer or any agency or political subdivisions of the state
for any purpose for which the deposit of bonds and other obligations of the state are now or may hereafter be authorized by
law. [1983 c 161 § 19.]
43.180.200 Internal revenue code. For purposes of the
code:
(1) The legislature reserves the right at any time to alter
or change the structure, organization, programs, or activities
of the commission and to terminate the commission, so long
as the action does not impair any outstanding contracts
entered into by the commission;
(2) Any net earnings of the commission beyond that necessary to retire its bonds and to carry out the purposes of this
chapter shall not inure to the benefit of any person other than
the state;
(3) Upon dissolution of the commission, title to all of its
remaining property shall vest in the state;
(4) The commission constitutes the only housing finance
agency of the state of Washington; and
(5) In order to take advantage of the maximum amount
of tax exempt bonds for housing financing available pursuant
to the code, any state ceiling with respect to housing shall be
allocated in accordance with the following formula:
(a) Eighty percent of the state ceiling shall be allocated
to the commission and twenty percent shall be allocated to
the other issuing authorities in the state.
(b) The allocation to the issuing authorities other than the
commission shall be distributed to such issuing authorities in
amounts as determined following public notice by the department of community, trade, and economic development pursuant to rules promulgated by it. The distribution shall be in
response to applications received from such issuing authorities and shall be based on the following factors: (i) The
amount of housing to be made available by such applicant;
(ii) the population within the jurisdiction of the applicant;
(iii) coordination with other applicable federal and state
housing programs; (iv) the likelihood of implementing the
proposed financing during that year; and (v) consistency with
the plan of the commission. On or before February 1 of each
year, the department of community, trade, and economic
development shall distribute the state ceiling allocation
among such issuing authorities and any unused portion shall
be added to the allocation of the commission. Each issuing
authority other than the commission shall confirm its allocation distribution by providing to the department of community, trade, and economic development no later than June 1 a
copy of an executed bond purchase contract or alternative
documentation deemed sufficient by the commission to evidence the reasonable likelihood of the allocation distribution
being fully used. Any portion of such allocation not so confirmed shall be added to the allocation of the commission on
July 1. Prior to July 1, the commission shall provide written
notice of the allocation decrease to the affected issuing
authority. The reallocation shall not limit the authority of the
commission to assign a portion of its allocation pursuant to
subsection (5)(c) of this section.
43.180.200
(2004 Ed.)
Housing Finance Commission
(c) The commission may assign a portion of its allocation to another issuing agency. [1995 c 399 § 99; 1986 c 264
§ 3; 1985 c 6 § 15; 1984 c 28 § 1; 1983 c 161 § 20.]
43.180.220
43.180.220 Housing finance program—Mortgage
financing—Investments—Flexible loan underwriting
guidelines. The commission, in cooperation with the department of community, trade, and economic development, and
the state investment board, shall develop and implement a
housing finance program that:
(1) Provides subsidized or unsubsidized mortgage
financing for single-family home ownership, including a single condominium unit, located in the state of Washington;
(2) Requests the state investment board to make investments, within its policies and investment guidelines, in mortgage-backed securities that are collateralized by loans made
within the state of Washington; and
(3) Provides flexible loan underwriting guidelines,
including but not limited to provisions that will allow
reduced downpayment requirements for the purchaser. [1994
c 235 § 1.]
Severability—1994 c 235: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1994 c 235 § 4.]
43.180.230
43.180.230 Housing finance program—Program elements. The housing finance program developed under RCW
43.180.220 shall:
(1) Be limited to borrowers with incomes that do not
exceed one hundred fifteen percent of the state or county
median family income, whichever is higher, adjusted for
family size;
(2) Be limited to first-time home buyers as defined in
RCW 43.185A.010;
(3) Be targeted so that priority is given to low-income
households as defined in RCW 43.185A.010;
(4) To the extent funds are made available, provide either
downpayment or closing costs assistance to households eligible for assistance under chapter 43.185A RCW and this chapter; and
(5) Provide notification to active participants of the state
retirement systems managed by the department of retirement
systems under chapter 41.50 RCW. [1994 c 235 § 2.]
Severability—1994 c 235: See note following RCW 43.180.220.
43.180.240
43.180.240 Housing finance program—Report to legislature annually—Implementation. (1) The commission
shall submit to the legislature in its annual report a summary
of the progress of the housing finance program developed
under RCW 43.180.220. The report shall include, but not be
limited to the number of loans made and location of property
financed under RCW 43.180.220 and 43.180.230.
(2) The commission shall take such steps as are necessary to ensure that RCW 43.180.220 and 43.180.230 are
implemented on June 9, 1994. [1994 c 235 § 3.]
Severability—1994 c 235: See note following RCW 43.180.220.
(2004 Ed.)
43.180.300
NONPROFIT CORPORATION FACILITIES
43.180.300
43.180.300 Definitions. As used in RCW 43.180.310
through 43.180.360, the following terms have the meanings
indicated unless the context clearly requires otherwise.
(1) "Construction" or "construct" means construction
and acquisition, whether by device, purchase, gift, lease, or
otherwise.
(2) "Facilities" means land, rights in land, buildings,
structures, equipment, landscaping, utilities, approaches,
roadways and parking, handling and storage areas, and similar ancillary facilities.
(3) "Financing document" means a lease, sublease,
installment sale agreement, conditional sale agreement, loan
agreement, mortgage, deed of trust guaranty agreement, or
other agreement for the purpose of providing funds to pay or
secure debt service on revenue bonds.
(4) "Improvement" means reconstruction, remodeling,
rehabilitation, extension, and enlargement. "To improve"
means to reconstruct, to remodel, to rehabilitate, to extend,
and to enlarge.
(5) "Nonprofit corporation" means a nonprofit organization described under section 501(c)(3) of the Internal Revenue Code, or similar successor provisions.
(6) "Nonprofit facilities" means facilities owned or used
by a nonprofit corporation for any nonprofit activity
described under section 501(c)(3) of the Internal Revenue
Code that qualifies such a corporation for an exemption from
federal income taxes under section 501(a) of the Internal
Revenue Code, or similar successor provisions provided that
facilities which may be funded pursuant to chapter 28B.07,
35.82, 43.180, or 70.37 RCW shall not be included in this
definition.
(7) "Project costs" means costs of (a) acquisition, construction, and improvement of any facilities included in a
nonprofit facility; (b) architectural, engineering, consulting,
accounting, and legal costs related directly to the development, financing, and construction of a nonprofit facility,
including costs of studies assessing the feasibility of a nonprofit facility; (c) finance costs, including discounts, if any,
the costs of issuing revenue bonds, and costs incurred in carrying out any trust agreement; (d) interest during construction
and during the six months after estimated completion of construction, and capitalized debt service or repair and replacement or other appropriate reserves; (e) the refunding of any
outstanding obligations incurred for any of the costs outlined
in this subsection; and (f) other costs incidental to any of the
costs listed in this section.
(8) "Revenue bond" means a taxable or tax-exempt nonrecourse revenue bond, nonrecourse revenue note, or other
nonrecourse revenue obligation issued for the purpose of providing financing to a nonprofit corporation on an interim or
permanent basis.
(9) "User" means one or more persons acting as lessee,
purchaser, mortgagor, or borrower under a financing document and may include a party who transfers the right of use
and occupancy to another party by lease, sublease, or otherwise. [1997 c 44 § 1; 1990 c 167 § 2.]
[Title 43 RCW—page 559]
43.180.310
Title 43 RCW: State Government—Executive
43.180.310
43.180.310 Commission powers. The commission has
the following powers with respect to nonprofit facilities
together with all powers incidental thereto or necessary for
the performance thereof:
(1) To make secured loans to nonprofit corporations for
the purpose of providing temporary or permanent financing
or refinancing of all or part of the project cost of any nonprofit facility, including the refunding of any outstanding
obligations, mortgages, or advances issued, made, or given
by any person for the project costs of a nonprofit corporation;
and to charge and collect interest on the loans for the loan
payments upon such terms and conditions as its commissioners consider advisable which are not in conflict with this subchapter;
(2) To issue revenue bonds for the purpose of financing
all or part of the project cost of any nonprofit facility and to
secure the payment of the revenue bonds as provided in this
subchapter;
(3) To collect fees or charges from users or prospective
users of nonprofit facilities to recover actual or anticipated
administrative costs;
(4) To execute financing documents incidental to the
powers enumerated in this section;
(5) To accept grants and gifts;
(6) To establish such special funds with any financial
institution providing fiduciary services within or without the
state as it deems necessary and appropriate and invest money
therein. [1990 c 167 § 3.]
43.180.320
43.180.320 Revenue bonds. (1) The proceeds of the
revenue bonds of each issue shall be used solely for the purposes set forth in this subchapter and shall be disbursed in
such manner and under such restrictions, if any, provided in
the resolution authorizing the issuance of the revenue bonds
or in the trust agreement securing the bonds. If the proceeds
of the revenue bonds of any series issued with respect to the
cost of any nonprofit facility exceeds the cost of the nonprofit
facility for which issued, the surplus shall be deposited to the
credit of the debt service fund for the revenue bonds or used
to purchase the revenue bonds in the open market.
(2) The commission may issue interim notes in the manner provided for the issuance of revenue bonds to fund nonprofit facilities prior to issuing other revenue bonds to fund
such facilities. The commission may issue revenue bonds to
fund nonprofit facilities that are exchangeable for other revenue bonds, when these other revenue bonds are executed and
available for delivery.
(3) The principal of and interest on any revenue bonds
issued by the commission shall be secured by a pledge of
unexpended bond proceeds and the revenues and receipts
derived from the nonprofit facilities funded by the revenue
bonds pursuant to financing documents. The resolution under
which the revenue bonds are authorized to be issued and any
financing document may contain agreements and provisions
respecting the maintenance or use of the nonprofit facility
covered thereby, the fixing and collection of rents, purchase
price payments or loan payments, the creation and maintenance of special funds from such revenues or from revenue
bond proceeds, the rights and remedies available in the event
of default, and other provisions relating to the security for the
[Title 43 RCW—page 560]
bonds, all as the commission considers advisable which are
not in conflict with this subchapter.
(4) All revenue bonds issued under this subchapter and
any interest coupons applicable thereto are negotiable instruments within the meaning of Article 8 of the uniform commercial code, Title 62A RCW, regardless of form or character.
(5) Notwithstanding subsection (1) of this section, such
bonds and interim notes may be issued and sold in accordance with chapter 39.46 RCW. [1990 c 167 § 4.]
43.180.330
43.180.330 Revenue refunding bonds. The commission may provide by resolution for the issuance of revenue
refunding bonds for the purpose of refunding any obligations
issued for a nonprofit facility, including the payment of any
redemption premium thereon and any interest accrued or to
accrue to the date of redemption or maturity of the revenue
bonds and, if considered advisable by the commission, for the
additional purpose of financing improvements, extensions, or
enlargements to the nonprofit facility for another nonprofit
facility. The issuance of the revenue refunding bonds, the
maturities and other details thereof, the rights of the owners
thereof, and the rights, duties, and obligations of the commission in respect to the same shall be governed by this chapter
insofar as applicable. [1990 c 167 § 5.]
43.180.340
43.180.340 Trust agreements. Any bonds issued under
this subchapter may be secured by a trust agreement between
the commission and a corporate trustee, which may be any
trust company or bank having the powers of a trust company
within or without the state. The trust agreement may evidence
a pledge or assignment of the financing documents and lease,
sale, or loan revenues to be received from a lessee or purchaser of or borrower with respect to a nonprofit facility for
the payment of principal of and interest and any premium on
the bonds as the same shall become due and payable and may
provide for creation and maintenance of reserves for these
purposes. A trust agreement or resolution providing for the
issuance of the revenue bonds may contain such provisions
for protecting and enforcing the rights and remedies of the
bondowners as may be reasonable and proper and not in violation of law, including covenants setting forth the duties in
relation to the acquisition of property and the construction,
improvement, maintenance, use, repair, operation, and insurance of the nonprofit facility for which the bonds are authorized, and the custody, safeguarding, and application of all
money. Any bank or trust company incorporated under the
laws of the state which may act as depository of the proceeds
of revenue bonds or of revenues may furnish such indemnifying bonds or pledge such securities as may be required by the
commission. A trust agreement may set forth the rights and
remedies of the bondowners and of the trustee and may
restrict the individual right of action by bondowners as is customary in trust agreements or trust indentures securing bonds
and debentures of private corporations. In addition, a trust
agreement may contain such provisions as the commission
considers reasonable and proper for the security of the bondowners which are not in conflict with this subchapter. [1990
c 167 § 6.]
(2004 Ed.)
Housing Assistance Program
43.180.350
43.180.350 Lessees or assignees. A lessee or contracting party under a sale contract or loan agreement shall not be
required to be the eventual user of a nonprofit facility if any
sublessee or assignee assumes all of the obligations of the lessee or contracting party under the lease, sale contract, or loan
agreement, but the lessee or contracting party or their successors shall remain primarily liable for all of its obligations
under the lease, sale contract, or loan agreement and the use
of the nonprofit facility shall be consistent with the purposes
of this subchapter. [1990 c 167 § 7.]
43.180.360
43.180.360 Default. The proceedings authorizing any
revenue bonds under this subchapter or any financing document securing the revenue bonds may provide that if there is
a default in the payment of the principal of or the interest on
the bonds or in the performance of any agreement contained
in the proceedings or financing document, the payment and
performance may be enforced by mandamus or by the
appointment of a receiver in equity with power to charge and
collect rents, purchase price payments, and loan repayments,
and to apply the revenues from the nonprofit facility in accordance with the proceedings or provisions of the financing
document. Any financing document entered into under this
subchapter may also provide that if there is a default in the
payment thereof or a violation of any agreement contained in
the financing document, the nonprofit facility may be foreclosed and sold under proceedings in equity or in any other
manner now or hereafter permitted by law. Any financing
document may also provide that any trustee under the financing document or the holder of any revenue bonds secured
thereby may become the purchaser at any foreclosure sale if
it is the highest bidder. [1990 c 167 § 8.]
43.180.900
43.180.900 Conflict with federal requirements. If any
part of this chapter is found to be in conflict with federal
requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this
chapter is hereby declared to be inoperative solely to the
extent of the conflict and with respect to the agencies directly
affected, and such finding or determination shall not affect
the operation of the remainder of this chapter in its application to the agencies concerned. The rules under this chapter
shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state. [1983 c 161 §
21.]
43.180.901
43.180.901 Liberal construction. This chapter, being
necessary for the welfare of the state and its inhabitants, shall
be liberally construed to effect the purposes thereof. [1983 c
161 § 23.]
43.180.902
43.180.902 Captions not part of law. As used in this
chapter and RCW 82.04.408, section captions constitute no
part of the law. [1983 c 161 § 24.]
43.180.903
43.180.903 Severability—1983 c 161. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 161 § 31.]
(2004 Ed.)
43.185.010
43.180.904 Effective dates—1983 c 161. (1) Except as
provided in subsection (2) of this section, this act is necessary
for the immediate preservation of the public peace, health,
and safety, the support of the state government and its existing public institutions, and shall take effect immediately.
(2) Section 10 of this act shall take effect on January 1,
1984. [1983 c 161 § 32.]
43.180.904
Chapter 43.185
Chapter 43.185 RCW
HOUSING ASSISTANCE PROGRAM
Sections
43.185.010
43.185.015
43.185.020
43.185.030
43.185.050
43.185.060
43.185.070
43.185.074
43.185.076
43.185.080
43.185.090
43.185.100
43.185.110
43.185.120
43.185.900
43.185.910
43.185.911
Findings.
Housing assistance program.
Definitions.
Washington housing trust fund.
Use of moneys for loans and grant projects to provide housing—Eligible activities.
Eligible organizations.
Notice of grant and loan application period—Priorities—Criteria for evaluation.
Low-income housing grants and loans—Applications.
Low-income housing grants and loans—Approval—License
education programs.
Preconstruction technical assistance.
Compliance monitoring.
Rule-making authority.
Affordable housing advisory board—State housing needs.
Protection of state's interest.
Severability—1986 c 298.
Conflict with federal requirements—1991 c 356.
Severability—1991 c 356.
Donations of surplus state property: RCW 43.19.1920.
Funding: RCW 43.79.201 and 79.02.410.
43.185.010 Findings. The legislature finds that current
economic conditions, federal housing policies and declining
resources at the federal, state, and local level adversely affect
the ability of low and very low-income persons to obtain safe,
decent, and affordable housing.
The legislature further finds that members of over one
hundred twenty thousand households live in housing units
which are overcrowded, lack plumbing, are otherwise threatening to health and safety, and have rents and utility payments which exceed thirty percent of their income.
The legislature further finds that minorities, rural households, and migrant farm workers require housing assistance
at a rate which significantly exceeds their proportion of the
general population.
The legislature further finds that one of the most dramatic housing needs is that of persons needing special housing-related services, such as the mentally ill, recovering alcoholics, frail elderly persons, families with members who have
disabilities, and single parents. These services include medical assistance, counseling, chore services, and child care.
The legislature further finds that housing assistance programs in the past have often failed to help those in greatest
need.
The legislature declares that it is in the public interest to
establish a continuously renewable resource known as the
housing trust fund and housing assistance program to assist
low and very low-income citizens in meeting their basic
housing needs, and that the needs of very low-income citizens should be given priority and that whenever feasible,
assistance should be in the form of loans. [1991 c 356 § 1;
1986 c 298 § 1.]
43.185.010
[Title 43 RCW—page 561]
43.185.015
Title 43 RCW: State Government—Executive
43.185.015
43.185.015 Housing assistance program. There is created within the department the housing assistance program to
carry out the purposes of this chapter. [1995 c 399 § 100;
1991 c 356 § 2.]
43.185.020
43.185.020 Definitions. "Department" means the
department of community, trade, and economic development.
"Director" means the director of the department of community, trade, and economic development. [1995 c 399 § 101;
1986 c 298 § 3.]
43.185.030
43.185.030 Washington housing trust fund. There is
hereby created in the state treasury an account to be known as
the Washington housing trust fund. The housing trust fund
shall include revenue from the sources established by this
chapter, appropriations by the legislature, private contributions, repayment of loans, and all other sources. [1991 sp.s. c
13 § 87; 1991 c 356 § 3; 1987 c 513 § 6; 1986 c 298 § 2.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—Severability—1987 c 513: See notes following RCW
18.85.310.
Distribution of interest from real estate brokers' trust accounts: RCW
18.85.310.
(h) Mortgage insurance guarantee or payments for eligible projects;
(i) Down payment or closing cost assistance for eligible
first-time home buyers;
(j) Acquisition of housing units for the purpose of preservation as low-income or very low-income housing; and
(k) Projects making housing more accessible to families
with members who have disabilities.
(3) Legislative appropriations from capital bond proceeds may be used only for the costs of projects authorized
under subsection (2)(a), (i), and (j) of this section, and not for
the administrative costs of the department.
(4) Moneys from repayment of loans from appropriations from capital bond proceeds may be used for all activities necessary for the proper functioning of the housing assistance program except for activities authorized under subsection (2)(b) and (c) of this section.
(5) Administrative costs of the department shall not
exceed four percent of the annual funds available for the
housing assistance program. [2002 c 294 § 6; 1994 c 160 § 1;
1991 c 356 § 4; 1986 c 298 § 6.]
Findings—2002 c 294: See note following RCW 36.22.178.
43.185.060
43.185.050
43.185.050 Use of moneys for loans and grant
projects to provide housing—Eligible activities. (1) The
department shall use moneys from the housing trust fund and
other legislative appropriations to finance in whole or in part
any loans or grant projects that will provide housing for persons and families with special housing needs and with
incomes at or below fifty percent of the median family
income for the county or standard metropolitan statistical
area where the project is located. At least thirty percent of
these moneys used in any given funding cycle shall be for the
benefit of projects located in rural areas of the state as defined
by the department. If the department determines that it has
not received an adequate number of suitable applications for
rural projects during any given funding cycle, the department
may allocate unused moneys for projects in nonrural areas of
the state.
(2) Activities eligible for assistance from the housing
trust fund and other legislative appropriations include, but are
not limited to:
(a) New construction, rehabilitation, or acquisition of
low and very low-income housing units;
(b) Rent subsidies;
(c) Matching funds for social services directly related to
providing housing for special-need tenants in assisted
projects;
(d) Technical assistance, design and finance services and
consultation, and administrative costs for eligible nonprofit
community or neighborhood-based organizations;
(e) Administrative costs for housing assistance groups or
organizations when such grant or loan will substantially
increase the recipient's access to housing funds other than
those available under this chapter;
(f) Shelters and related services for the homeless, including emergency shelters and overnight youth shelters;
(g) Mortgage subsidies, including temporary rental and
mortgage payment subsidies to prevent homelessness;
[Title 43 RCW—page 562]
43.185.060 Eligible organizations. Organizations that
may receive assistance from the department under this chapter are local governments, local housing authorities, regional
support networks established under chapter 71.24 RCW, nonprofit community or neighborhood-based organizations, federally recognized Indian tribes in the state of Washington,
and regional or statewide nonprofit housing assistance organizations.
Eligibility for assistance from the department under this
chapter also requires compliance with the revenue and taxation laws, as applicable to the recipient, at the time the grant
is made. [1994 c 160 § 2; 1991 c 295 § 1; 1986 c 298 § 7.]
43.185.070
43.185.070 Notice of grant and loan application
period—Priorities—Criteria for evaluation. (1) During
each calendar year in which funds from the housing trust fund
or other legislative appropriations are available for use by the
department for the housing assistance program, the department shall announce to all known interested parties, and
through major media throughout the state, a grant and loan
application period of at least ninety days' duration. This
announcement shall be made as often as the director deems
appropriate for proper utilization of resources. The department shall then promptly grant as many applications as will
utilize available funds less appropriate administrative costs of
the department. Administrative costs paid out of the housing
trust fund may not exceed four percent of annual revenues
available for distribution to housing trust fund projects. In
awarding funds under this chapter, the department shall provide for a geographic distribution on a statewide basis.
(2) The department shall give first priority to applications for projects and activities which utilize existing privately owned housing stock including privately owned housing stock purchased by nonprofit public development authorities and public housing authorities as created in chapter
35.82 RCW. As used in this subsection, privately owned
housing stock includes housing that is acquired by a federal
(2004 Ed.)
Housing Assistance Program
agency through a default on the mortgage by the private
owner. Such projects and activities shall be evaluated under
subsection (3) of this section. Second priority shall be given
to activities and projects which utilize existing publicly
owned housing stock. All projects and activities shall be evaluated by some or all of the criteria under subsection (3) of this
section, and similar projects and activities shall be evaluated
under the same criteria.
(3) The department shall give preference for applications
based on some or all of the criteria under this subsection, and
similar projects and activities shall be evaluated under the
same criteria:
(a) The degree of leveraging of other funds that will
occur;
(b) The degree of commitment from programs to provide
necessary habilitation and support services for projects focusing on special needs populations;
(c) Recipient contributions to total project costs, including allied contributions from other sources such as professional, craft and trade services, and lender interest rate subsidies;
(d) Local government project contributions in the form
of infrastructure improvements, and others;
(e) Projects that encourage ownership, management, and
other project-related responsibility opportunities;
(f) Projects that demonstrate a strong probability of serving the original target group or income level for a period of at
least twenty-five years;
(g) The applicant has the demonstrated ability, stability
and resources to implement the project;
(h) Projects which demonstrate serving the greatest
need;
(i) Projects that provide housing for persons and families
with the lowest incomes;
(j) Projects serving special needs populations which are
under statutory mandate to develop community housing;
(k) Project location and access to employment centers in
the region or area;
(l) Projects that provide employment and training opportunities for disadvantaged youth under a youthbuild or youthbuild-type program as defined in RCW 50.72.020; and
(m) Project location and access to available public transportation services.
(4) The department shall only approve applications for
projects for mentally ill persons that are consistent with a
regional support network six-year capital and operating plan.
[1994 sp.s. c 3 § 9. Prior: 1991 c 356 § 5; 1991 c 295 § 2;
1988 c 286 § 1; 1986 c 298 § 8.]
43.185.074 Low-income housing grants and loans—
Applications. The director shall designate grant and loan
applications for approval and for funding under the revenue
from remittances made pursuant to RCW 18.85.310. These
applications shall then be reviewed for final approval by the
broker's trust account board created by *RCW 18.85.500.
The director shall submit to the broker's trust account
board within any fiscal year only such applications which in
their aggregate total funding requirements do not exceed the
revenue to the housing trust found from remittances made
pursuant to RCW 18.85.310 for the previous fiscal year.
[1987 c 513 § 11. Formerly RCW 18.85.505.]
43.185.074
(2004 Ed.)
43.185.090
*Reviser's note: RCW 18.85.500 was repealed by 1994 sp.s. c 9 § 857,
effective July 1, 1994.
Effective date—Severability—1987 c 513: See notes following RCW
18.85.310.
43.185.076
43.185.076 Low-income housing grants and loans—
Approval—License education programs. The broker's
trust account board shall review grant and loan applications
placed before it by the director for final approval pursuant to
RCW 43.185.074.
The decisions of the board shall be subject to the provisions of RCW 43.185.050, 43.185.060, and 43.185.070 with
regard to eligible activities, eligible recipients, and criteria
for evaluation.
The broker's trust account board shall serve in an advisory capacity to the real estate commission with regard to licensee education programs established pursuant to RCW
18.85.040 and 18.85.220. [1988 c 286 § 3; 1987 c 513 § 10.
Formerly RCW 18.85.510.]
Effective date—Severability—1987 c 513: See notes following RCW
18.85.310.
43.185.080
43.185.080 Preconstruction technical assistance. (1)
The department may use moneys from the housing trust fund
and other legislative appropriations, but not appropriations
from capital bond proceeds, to provide preconstruction technical assistance to eligible recipients seeking to construct,
rehabilitate, or finance housing-related services for very low
and low-income persons. The department shall emphasize
providing preconstruction technical assistance services to
rural areas and small cities and towns. The department may
contract with nonprofit organizations to provide this technical assistance. The department may contract for any of the
following services:
(a) Financial planning and packaging for housing
projects, including alternative ownership programs, such as
limited equity partnerships and syndications;
(b) Project design, architectural planning, and siting;
(c) Compliance with planning requirements;
(d) Securing matching resources for project development;
(e) Maximizing local government contributions to
project development in the form of land donations, infrastructure improvements, waivers of development fees, locally and
state-managed funds, zoning variances, or creative local
planning;
(f) Coordination with local planning, economic development, and environmental, social service, and recreational
activities;
(g) Construction and materials management; and
(h) Project maintenance and management.
(2) The department shall publish requests for proposals
which specify contract performance standards, award criteria, and contractor requirements. In evaluating proposals, the
department shall consider the ability of the contractor to provide technical assistance to low and very low-income persons
and to persons with special housing needs. [1991 c 356 § 6;
1986 c 298 § 9.]
43.185.090
43.185.090 Compliance monitoring. The director
shall monitor the activities of recipients of grants and loans
[Title 43 RCW—page 563]
43.185.100
Title 43 RCW: State Government—Executive
under this chapter to determine compliance with the terms
and conditions set forth in its application or stated by the
department in connection with the grant or loan. [1986 c 298
§ 10.]
necessary condition to the receipt of federal funds by the
state. [1991 c 356 § 8.]
43.185.911
43.185.911 Severability—1991 c 356.
43.185A.901.
See RCW
43.185.100
43.185.100 Rule-making authority. The department
shall have the authority to promulgate rules pursuant to chapter 34.05 RCW, regarding the grant and loan process, and the
substance of eligible projects, consistent with this chapter.
The department shall consider the recommendations of cities
and counties regarding how the funds shall be used in their
geographic areas. [1987 c 513 § 2; 1986 c 298 § 11.]
Effective date—Severability—1987 c 513: See notes following RCW
18.85.310.
43.185.110
43.185.110 Affordable housing advisory board—
State housing needs. The affordable housing advisory board
established in RCW 43.185B.020 shall advise the director on
housing needs in this state, including housing needs for persons who are mentally ill or developmentally disabled or
youth who are blind or deaf or otherwise disabled, operational aspects of the grant and loan program or revenue collection programs established by this chapter, and implementation of the policy and goals of this chapter. Such advice
shall be consistent with policies and plans developed by
regional support networks according to chapter 71.24 RCW
for the mentally ill and the developmental disabilities planning council for the developmentally disabled. [1993 c 478 §
15; 1991 c 204 § 4; 1987 c 513 § 3.]
Effective date—Severability—1987 c 513: See notes following RCW
18.85.310.
43.185.120
43.185.120 Protection of state's interest. The department shall adopt policies to ensure that the state's interest will
be protected upon either the sale or change of use of projects
financed in whole or in part under RCW 43.185.050(2) (a),
(i), and (j). These policies may include, but are not limited to:
(1) Requiring a share of the appreciation in the project in proportion to the state's contribution to the project; (2) requiring
a lump-sum repayment of the loan or grant upon the sale or
change of use of the project; or (3) requiring a deferred payment of principal or principal and interest on loans after a
specified time period. [1991 c 356 § 7.]
43.185.900
43.185.900 Severability—1986 c 298. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1986 c 298 § 13.]
Chapter 43.185A RCW
Chapter 43.185A
AFFORDABLE HOUSING PROGRAM
Sections
43.185A.010
43.185A.020
43.185A.030
43.185A.040
43.185A.050
43.185A.060
43.185A.070
43.185A.080
43.185A.900
43.185A.901
43.185A.902
Definitions.
Affordable housing program—Purpose—Input.
Activities eligible for assistance.
Eligible organizations.
Grant and loan application process.
Protection of state interest.
Monitor recipient activities.
Rules.
Short title.
Severability—1991 c 356.
Conflict with federal requirements—1991 c 356.
43.185A.010
43.185A.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Affordable housing" means residential housing for
rental occupancy which, as long as the same is occupied by
low-income households, requires payment of monthly housing costs, including utilities other than telephone, of no more
than thirty percent of the family's income. The department
shall adopt policies for residential homeownership housing,
occupied by low-income households, which specify the percentage of family income that may be spent on monthly housing costs, including utilities other than telephone, to qualify
as affordable housing.
(2) "Department" means the department of community,
trade, and economic development.
(3) "Director" means the director of the department of
community, trade, and economic development.
(4) "First-time home buyer" means an individual or his
or her spouse who have not owned a home during the threeyear period prior to purchase of a home.
(5) "Low-income household" means a single person,
family or unrelated persons living together whose adjusted
income is less than eighty percent of the median family
income, adjusted for household size, for the county where the
project is located. [2000 c 255 § 9; 1995 c 399 § 102; 1991 c
356 § 10.]
Severability—Effective date—2000 c 255: See RCW 59.28.901 and
59.28.902.
43.185A.020
43.185.910
43.185.910 Conflict with federal requirements—
1991 c 356. If any part of this act is found to be in conflict
with federal requirements which are a prescribed condition to
the allocation of federal funds to the state, the conflicting part
of this act is inoperative solely to the extent of the conflict
and with respect to the agencies directly affected, and this
finding does not affect the operation of the remainder of this
act in its application to the agencies concerned. The rules
under this act shall meet federal requirements which are a
[Title 43 RCW—page 564]
43.185A.020 Affordable housing program—Purpose—Input. The affordable housing program is created in
the department for the purpose of developing and coordinating public and private resources targeted to meet the affordable housing needs of low-income households in the state of
Washington. The program shall be developed and administered by the department with advice and input from the
affordable housing advisory board established in RCW
43.185B.020. [1995 c 399 § 103; 1993 c 478 § 16; 1991 c
356 § 11.]
(2004 Ed.)
Washington Housing Policy Act
43.185A.030
43.185A.030 Activities eligible for assistance. (1)
Using moneys specifically appropriated for such purpose, the
department shall finance in whole or in part projects that will
provide housing for low-income households.
(2) Activities eligible for assistance include, but are not
limited to:
(a) New construction, rehabilitation, or acquisition of
housing for low-income households;
(b) Rent subsidies in new construction or rehabilitated
multifamily units;
(c) Down payment or closing costs assistance for firsttime home buyers;
(d) Mortgage subsidies for new construction or rehabilitation of eligible multifamily units; and
(e) Mortgage insurance guarantee or payments for eligible projects.
(3) Legislative appropriations from capital bond proceeds may be used only for the costs of projects authorized
under subsection (2) (a), (c), (d), and (e) of this section, and
not for the administrative costs of the department.
(4) Moneys from repayment of loans from appropriations from capital bond proceeds may be used for all activities necessary for the proper functioning of the affordable
housing program except for activities authorized under subsection (2)(b) of this section.
(5) Administrative costs of the department shall not
exceed four percent of the annual funds available for the
affordable housing program. [1994 c 160 § 3; 1991 c 356 §
12.]
43.185A.040
43.185A.040 Eligible organizations. Organizations
that may receive assistance from the department under this
chapter are local governments, local housing authorities, nonprofit community or neighborhood-based organizations, federally recognized Indian tribes in the state of Washington,
and regional or statewide nonprofit housing assistance organizations.
Eligibility for assistance from the department under this
chapter also requires compliance with the revenue and taxation laws, as applicable to the recipient, at the time the grant
is made. [1994 c 160 § 4; 1991 c 356 § 13.]
43.185A.050
43.185A.050 Grant and loan application process. (1)
During each calendar year in which funds are available for
use by the department for the affordable housing program,
the department shall announce to all known interested parties,
and through major media throughout the state, a grant and
loan application period of at least ninety days' duration. This
announcement shall be made as often as the director deems
appropriate for proper utilization of resources. The department shall then promptly grant as many applications as will
utilize available funds less appropriate administrative costs of
the department, not to exceed five percent of moneys appropriated to the affordable housing program.
(2) The department shall develop, with advice and input
from the *low-income [housing] assistance advisory committee established in RCW 43.185.110, criteria to evaluate applications for assistance under this chapter. [1991 c 356 § 14.]
*Reviser's note: The "low-income housing assistance advisory committee" has been abolished and its powers, duties, and functions transferred
to the affordable housing advisory board.
(2004 Ed.)
43.185B.005
43.185A.060 Protection of state interest. The department shall adopt policies to ensure that the state's interest will
be protected upon either the sale or change of use of projects
financed in whole or in part under RCW 43.185A.030(2) (a),
(b), (c), (d), and (e). These policies may include, but are not
limited to: (1) Requiring a share of the appreciation in the
project in proportion to the state's contribution to the project;
(2) requiring a lump-sum repayment of the loan or grant upon
the sale or change of use of the project; or (3) requiring a
deferred payment of principal or principal and interest on
loans after a specified time period. [1991 c 356 § 15.]
43.185A.060
43.185A.070 Monitor recipient activities. The director shall monitor the activities of recipients of grants and
loans under this chapter to determine compliance with the
terms and conditions set forth in its application or stated by
the department in connection with the grant or loan. [1991 c
356 § 16.]
43.185A.070
43.185A.080 Rules. The department shall have the
authority to promulgate rules pursuant to chapter 34.05
RCW, regarding the grant and loan process, and the substance of eligible projects, consistent with this chapter. [1991
c 356 § 17.]
43.185A.080
43.185A.900 Short title. This chapter may be known
and cited as the affordable housing act. [1991 c 356 § 9.]
43.185A.900
43.185A.901
43.185A.901 Severability—1991 c 356. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1991 c 356 § 18.]
43.185A.902
43.185A.902 Conflict with federal requirements—
1991 c 356. If any part of this act is found to be in conflict
with federal requirements which are a prescribed condition to
the allocation of federal funds to the state, the conflicting part
of this act is inoperative solely to the extent of the conflict
and with respect to the agencies directly affected, and this
finding does not affect the operation of the remainder of this
act in its application to the agencies concerned. The rules
under this act shall meet federal requirements which are a
necessary condition to the receipt of federal funds by the
state. [1991 c 356 § 19.]
Chapter 43.185B RCW
WASHINGTON HOUSING POLICY ACT
Chapter 43.185B
Sections
43.185B.005
43.185B.007
43.185B.009
43.185B.010
43.185B.020
43.185B.030
43.185B.040
43.185B.900
Finding.
Goal.
Objectives.
Definitions.
Affordable housing advisory board—Generally.
Affordable housing advisory board—Duties.
Housing advisory plan—Report to legislature.
Short title.
43.185B.005
43.185B.005 Finding. (1) The legislature finds that:
(a) Housing is of vital statewide importance to the health,
safety, and welfare of the residents of the state;
[Title 43 RCW—page 565]
43.185B.007
Title 43 RCW: State Government—Executive
(b) Safe, affordable housing is an essential factor in stabilizing communities;
(c) Residents must have a choice of housing opportunities within the community where they choose to live;
(d) Housing markets are linked to a healthy economy and
can contribute to the state's economy;
(e) Land supply is a major contributor to the cost of
housing;
(f) Housing must be an integral component of any comprehensive community and economic development strategy;
(g) State and local government must continue working
cooperatively toward the enhancement of increased housing
units by reviewing, updating, and removing conflicting regulatory language;
(h) State and local government should work together in
developing creative ways to reduce the shortage of housing;
(i) The lack of a coordinated state housing policy inhibits
the effective delivery of housing for some of the state's most
vulnerable citizens and those with limited incomes; and
(j) It is in the public interest to adopt a statement of housing policy objectives.
(2) The legislature declares that the purposes of the
Washington housing policy act are to:
(a) Provide policy direction to the public and private sectors in their attempt to meet the shelter needs of Washington
residents;
(b) Reevaluate housing and housing-related programs
and policies in order to ensure proper coordination of those
programs and policies to meet the housing needs of Washington residents;
(c) Improve the delivery of state services and assistance
to very low-income and low-income households and special
needs populations;
(d) Strengthen partnerships among all levels of government, and the public and private sectors, including for-profit
and nonprofit organizations, in the production and operation
of housing to targeted populations including low-income and
moderate-income households;
(e) Increase the supply of housing for persons with special needs;
(f) Encourage collaborative planning with social service
providers;
(g) Encourage financial institutions to increase residential mortgage lending; and
(h) Coordinate housing into comprehensive community
and economic development strategies at the state and local
level. [1993 c 478 § 1.]
Persons with handicaps: RCW 35.63.220, 35A.63.240, 36.70.990,
36.70A.410.
43.185B.007 Goal. It is the goal of the state of Washington to coordinate, encourage, and direct, when necessary,
the efforts of the public and private sectors of the state and to
cooperate and participate, when necessary, in the attainment
of a decent home in a healthy, safe environment for every resident of the state. The legislature declares that attainment of
that goal is a state priority. [1993 c 478 § 2.]
43.185B.007
43.185B.009 Objectives. The objectives of the Washington housing policy act shall be to attain the state's goal of
a decent home in a healthy, safe environment for every resi43.185B.009
[Title 43 RCW—page 566]
dent of the state by strengthening public and private institutions that are able to:
(1) Develop an adequate and affordable supply of housing for all economic segments of the population;
(2) Assist very low-income and special needs households who cannot obtain affordable, safe, and adequate housing in the private market;
(3) Encourage and maintain home ownership opportunities;
(4) Reduce life-cycle housing costs while preserving
public health and safety;
(5) Preserve the supply of existing affordable housing;
(6) Provide housing for special needs populations;
(7) Ensure fair and equal access to the housing market;
(8) Increase the availability of mortgage credit at low
interest rates; and
(9) Coordinate and be consistent with the goals, objectives, and required housing element of the comprehensive
plan in the state's growth management act in RCW
36.70A.070. [1993 c 478 § 3.]
43.185B.010
43.185B.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Affordable housing" means residential housing that
is rented or owned by a person or household whose monthly
housing costs, including utilities other than telephone, do not
exceed thirty percent of the household's monthly income.
(2) "Department" means the department of community,
trade, and economic development.
(3) "Director" means the director of community, trade,
and economic development.
(4) "Nonprofit organization" means any public or private
nonprofit organization that: (a) Is organized under federal,
state, or local laws; (b) has no part of its net earnings inuring
to the benefit of any member, founder, contributor, or individual; and (c) has among its purposes significant activities
related to the provision of decent housing that is affordable to
very low-income, low-income, or moderate-income households and special needs populations.
(5) "Regulatory barriers to affordable housing" and "regulatory barriers" mean any public policies (including those
embodied in statutes, ordinances, regulations, or administrative procedures or processes) required to be identified by the
state or local government in connection with its strategy
under section 105(b)(4) of the Cranston-Gonzalez national
affordable housing act (42 U.S.C. 12701 et seq.).
(6) "Tenant-based organization" means a nonprofit organization whose governing body includes a majority of members who reside in the housing development and are considered low-income households. [1995 c 399 § 104; 1993 c 478
§ 4.]
43.185B.020
43.185B.020 Affordable housing advisory board—
Generally. (1) The department shall establish the affordable
housing advisory board to consist of twenty-two members.
(a) The following nineteen members shall be appointed
by the governor:
(i) Two representatives of the residential construction
industry;
(2004 Ed.)
Washington Housing Policy Act
(ii) Two representatives of the home mortgage lending
profession;
(iii) One representative of the real estate sales profession;
(iv) One representative of the apartment management
and operation industry;
(v) One representative of the for-profit housing development industry;
(vi) One representative of for-profit rental housing owners;
(vii) One representative of the nonprofit housing development industry;
(viii) One representative of homeless shelter operators;
(ix) One representative of lower-income persons;
(x) One representative of special needs populations;
(xi) One representative of public housing authorities as
created under chapter 35.82 RCW;
(xii) Two representatives of the Washington association
of counties, one representative shall be from a county that is
located east of the crest of the Cascade mountains;
(xiii) Two representatives of the association of Washington cities, one representative shall be from a city that is
located east of the crest of the Cascade mountains;
(xiv) One representative to serve as chair of the affordable housing advisory board;
(xv) One representative at large.
(b) The following three members shall serve as ex officio, nonvoting members:
(i) The director or the director's designee;
(ii) The executive director of the Washington state housing finance commission or the executive director's designee;
and
(iii) The secretary of social and health services or the
secretary's designee.
(2)(a) The members of the affordable housing advisory
board appointed by the governor shall be appointed for fouryear terms, except that the chair shall be appointed to serve a
two-year term. The terms of five of the initial appointees
shall be for two years from the date of appointment and the
terms of six of the initial appointees shall be for three years
from the date of appointment. The governor shall designate
the appointees who will serve the two-year and three-year
terms. The members of the advisory board shall serve without compensation, but shall be reimbursed for travel expenses
as provided in RCW 43.03.050 and 43.03.060.
(b) The governor, when making appointments to the
affordable housing advisory board, shall make appointments
that reflect the cultural diversity of the state of Washington.
(3) The affordable housing advisory board shall serve as
the department's principal advisory body on housing and
housing-related issues, and replaces the department's existing
boards and task forces on housing and housing-related issues.
(4) The affordable housing advisory board shall meet
regularly and may appoint technical advisory committees,
which may include members of the affordable housing advisory board, as needed to address specific issues and concerns.
(5) The department, in conjunction with the Washington
state housing finance commission and the department of
social and health services, shall supply such information and
assistance as are deemed necessary for the advisory board to
carry out its duties under this section.
(2004 Ed.)
43.185B.040
(6) The department shall provide administrative and
clerical assistance to the affordable housing advisory board.
[2003 c 40 § 1; 1993 c 478 § 5.]
43.185B.030
43.185B.030 Affordable housing advisory board—
Duties. The affordable housing advisory board shall:
(1) Analyze those solutions and programs that could
begin to address the state's need for housing that is affordable
for all economic segments of the state, and special needs populations, including but not limited to programs or proposals
which provide for:
(a) Financing for the acquisition, rehabilitation, preservation, or construction of housing;
(b) Use of publicly owned land and buildings as sites for
affordable housing;
(c) Coordination of state initiatives with federal initiatives and financing programs that are referenced in the Cranston-Gonzalez national affordable housing act (42 U.S.C.
Sec. 12701 et seq.), as amended, and development of an
approved housing strategy as required in the CranstonGonzalez national affordable housing act (42 U.S.C. Sec.
12701 et seq.), as amended;
(d) Identification and removal, where appropriate and
not detrimental to the public health and safety, or environment, of state and local regulatory barriers to the development and placement of affordable housing;
(e) Stimulating public and private sector cooperation in
the development of affordable housing; and
(f) Development of solutions and programs affecting
housing, including the equitable geographic distribution of
housing for all economic segments, as the advisory board
deems necessary;
(2) Consider both homeownership and rental housing as
viable options for the provision of housing. The advisory
board shall give consideration to various types of residential
construction and innovative housing options, including but
not limited to manufactured housing;
(3) Review, evaluate, and make recommendations
regarding existing and proposed housing programs and initiatives including but not limited to tax policies, land use policies, and financing programs. The advisory board shall provide recommendations to the director, along with the department's response in the annual housing report to the legislature
required in RCW 43.185B.040; and
(4) Prepare and submit to the director, by each December
1st, beginning December 1, 1993, a report detailing its findings and make specific program, legislative, and funding recommendations and any other recommendations it deems
appropriate. [1993 c 478 § 6.]
43.185B.040
43.185B.040 Housing advisory plan—Report to legislature. (1) The department shall, in consultation with the
affordable housing advisory board created in RCW
43.185B.020, prepare and from time to time amend a fiveyear housing advisory plan. The purpose of the plan is to document the need for affordable housing in the state and the
extent to which that need is being met through public and private sector programs, to facilitate planning to meet the
affordable housing needs of the state, and to enable the
development of sound strategies and programs for affordable
[Title 43 RCW—page 567]
43.185B.900
Title 43 RCW: State Government—Executive
housing. The information in the five-year housing advisory
plan must include:
(a) An assessment of the state's housing market trends;
(b) An assessment of the housing needs for all economic
segments of the state and special needs populations;
(c) An inventory of the supply and geographic distribution of affordable housing units made available through public and private sector programs;
(d) A status report on the degree of progress made by the
public and private sector toward meeting the housing needs
of the state;
(e) An identification of state and local regulatory barriers
to affordable housing and proposed regulatory and administrative techniques designed to remove barriers to the development and placement of affordable housing; and
(f) Specific recommendations, policies, or proposals for
meeting the affordable housing needs of the state.
(2)(a) The five-year housing advisory plan required
under subsection (1) of this section must be submitted to the
legislature on or before February 1, 1994, and subsequent
plans must be submitted every five years thereafter.
(b) Each February 1st, beginning February 1, 1995, the
department shall submit an annual progress report, to the legislature, detailing the extent to which the state's affordable
housing needs were met during the preceding year and recommendations for meeting those needs. [1993 c 478 § 12.]
43.190.020
43.190.020 "Long-term care facility" defined. As
used in this chapter, "long-term care facility" means any of
the following:
(1) A facility which:
(a) Maintains and operates twenty-four hour skilled
nursing services for the care and treatment of chronically ill
or convalescent patients, including mental, emotional, or
behavioral problems, mental retardation, or alcoholism;
(b) Provides supportive, restorative, and preventive
health services in conjunction with a socially oriented program to its residents, and which maintains and operates
twenty-four hour services including board, room, personal
care, and intermittent nursing care. "Long-term health care
facility" includes nursing homes and nursing facilities, but
does not include acute care hospital or other licensed facilities except for that distinct part of the hospital or facility
which provides nursing facility services.
(2) Any family home, group care facility, or similar
facility determined by the secretary, for twenty-four hour
nonmedical care of persons in need of personal services,
supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
(3) Any swing bed in an acute care facility. [1995 1st
sp.s. c 18 § 32; 1991 sp.s. c 8 § 3; 1983 c 290 § 2.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
43.185B.900
43.185B.900 Short title. This chapter may be known
and cited as the "Washington housing policy act." [1993 c
478 § 24.]
Chapter 43.190
Chapter 43.190 RCW
LONG-TERM CARE OMBUDSMAN PROGRAM
Sections
43.190.010
43.190.020
43.190.030
43.190.040
43.190.050
43.190.060
43.190.065
43.190.070
43.190.080
43.190.090
43.190.110
43.190.120
43.190.900
Findings.
"Long-term care facility" defined.
Office of state long-term care ombudsman created—Powers
and duties—Rules.
Long-term care ombudsmen.
Posting of notice by long-term care facility—Distribution of
information to residents.
Duties of ombudsman.
Local and state long-term care ombudsmen—Duties and
authority in federal older Americans act.
Referral procedures—Action on complaints.
Development of procedures on right of entry to facilities—
Access to residents—Preservation of rights.
Liability of ombudsman—Discriminatory, disciplinary, or
retaliatory actions—Communications privileged—Testimony.
Confidentiality of records and files—Disclosures prohibited—Exception.
Expenditure of funds on long-term care ombudsman program.
Severability—1983 c 290.
43.190.010
43.190.010 Findings. The legislature finds that in order
to comply with the federal Older Americans Act and to effectively assist residents, patients, and clients of long-term care
facilities in the assertion of their civil and human rights, a
long-term care ombudsman program should be instituted.
[1983 c 290 § 1.]
[Title 43 RCW—page 568]
43.190.030
43.190.030 Office of state long-term care ombudsman created—Powers and duties—Rules. There is created
the office of the state long-term care ombudsman. The
department of community, trade, and economic development
shall contract with a private nonprofit organization to provide
long-term care ombudsman services as specified under, and
consistent with, the federal older Americans act as amended,
federal mandates, the goals of the state, and the needs of its
citizens. The department of community, trade, and economic
development shall ensure that all program and staff support
necessary to enable the ombudsman to effectively protect the
interests of residents, patients, and clients of all long-term
care facilities is provided by the nonprofit organization that
contracts to provide long-term care ombudsman services.
The department of community, trade, and economic development shall adopt rules to carry out this chapter and the longterm care ombudsman provisions of the federal older Americans act, as amended, and applicable federal regulations. The
long-term care ombudsman program shall have the following
powers and duties:
(1) To provide services for coordinating the activities of
long-term care ombudsmen throughout the state;
(2) Carry out such other activities as the department of
community, trade, and economic development deems appropriate;
(3) Establish procedures consistent with RCW
43.190.110 for appropriate access by long-term care ombudsmen to long-term care facilities and patients' records, including procedures to protect the confidentiality of the records
and ensure that the identity of any complainant or resident
will not be disclosed without the written consent of the complainant or resident, or upon court order;
(2004 Ed.)
Long-Term Care Ombudsman Program
(4) Establish a statewide uniform reporting system to
collect and analyze data relating to complaints and conditions
in long-term care facilities for the purpose of identifying and
resolving significant problems, with provision for submission
of such data to the department of social and health services
and to the federal department of health and human services,
or its successor agency, on a regular basis; and
(5) Establish procedures to assure that any files maintained by ombudsman programs shall be disclosed only at the
discretion of the ombudsman having authority over the disposition of such files, except that the identity of any complainant or resident of a long-term care facility shall not be disclosed by such ombudsman unless:
(a) Such complainant or resident, or the complainant's or
resident's legal representative, consents in writing to such
disclosure; or
(b) Such disclosure is required by court order. [1997 c
194 § 1; 1995 c 399 § 105; 1988 c 119 § 2; 1983 c 290 § 3.]
Effective date—1988 c 119 § 2: "Section 2 of this act shall take effect
July 1, 1989." [1988 c 119 § 5.]
Legislative findings—1988 c 119: "The legislature recognizes that the
state long-term care ombudsman program and the office of the state longterm care ombudsman, located within the department of social and health
services, have brought into serious question the ability of that office to serve
as an effective mechanism on the state level for investigating and resolving
complaints made by or on behalf of residents of long-term care facilities.
The legislature further finds it necessary to exercise its options under
the federal older Americans act and identify an organization, outside of the
department of social and health services and independent of any other state
agency, to provide, through contract, long-term care ombudsman services."
[1988 c 119 § 1.]
Survey—1988 c 119: "The committee on health care of the house of
representatives shall conduct a survey and analysis of the appropriate placement outside of state government of the office of the state long-term care
ombudsman. The survey shall ascertain how the contracted placement of the
office will most effectively allow it to meet its responsibilities under chapter
43.190 RCW. A draft of the findings shall be submitted to the governor and
the legislature before the first Friday in November 1988 and the final findings, conclusions, and recommendations shall be submitted in a report to the
governor and the legislature no later than December 30, 1988.
The survey required shall include, but is not limited to, a complete
assessment of how independently contracting the program outside state government will provide the office with an effective means for resolving complaints and building program accountability and integrity facilitating local
involvement and contributing to long-term care policy development. The
study shall also clearly identify and describe how this model for administering the duties and responsibilities of the ombudsman will affect the ability of
the office to function as mandated under the federal older Americans act, and
provide suggestions that will assist the office to coordinate information and
assistance, to the fullest degree possible, with citizen groups, the general
public, the nursing home industry, and local volunteer programs. The survey
shall further specify the operational program details necessary for adopting
the proposed independently contracted plan." [1988 c 119 § 3.]
Use of survey findings—1988 c 119: "The survey findings, together
with any reports of legislative committees in response to such survey, shall
be used by the department of community development in determining the
best manner to contract for and provide long-term care ombudsman services." [1988 c 119 § 4.]
43.190.040
43.190.040 Long-term care ombudsmen. (1) Any
long-term care ombudsman authorized by this chapter or a
local governmental authority shall have training or experience or both in the following areas:
(a) Gerontology, long-term care, or other related social
services programs.
(b) The legal system.
(2004 Ed.)
43.190.060
(c) Dispute or problem resolution techniques, including
investigation, mediation, and negotiation.
(2) A long-term care ombudsman shall not have been
employed by or participated in the management of any longterm care facility within the past year.
(3) A long-term care ombudsman shall not have been
employed in a governmental position with direct involvement
in the licensing, certification, or regulation of long-term care
facilities within the past year.
(4) No long-term care ombudsman or any member of his
or her immediate family shall have, or have had within the
past year, any significant ownership or investment interest in
one or more long-term care facilities.
(5) A long-term care ombudsman shall not be assigned to
a long-term care facility in which a member of that ombudsman's immediate family resides. [2002 c 100 § 1; 1983 c 290
§ 4.]
43.190.050
43.190.050 Posting of notice by long-term care facility—Distribution of information to residents. Every longterm care facility shall post in a conspicuous location a notice
of the nursing home complaint toll-free number and the
name, address, and phone number of the office of the appropriate long-term care ombudsman and a brief description of
the services provided by the office. The form of the notice
shall be approved by the office and the organization responsible for maintaining the nursing home complaint toll-free
number. This information shall also be distributed to the residents, family members, and legal guardians upon the resident's admission to the facility. [1983 c 290 § 5.]
43.190.060
43.190.060 Duties of ombudsman. A long-term care
ombudsman shall:
(1) Identify, investigate, and resolve complaints made by
or on behalf of residents of long-term care facilities relating
to administrative action, inaction, or decisions which may
adversely affect the health, safety, welfare, and rights of these
individuals;
(2) Monitor the development and implementation of federal, state, and local laws, rules, regulations, and policies with
respect to long-term care facilities in this state;
(3) Provide information as appropriate to residents, resident representatives, and others regarding the rights of residents, and to public agencies regarding the problems of individuals residing in long-term care facilities; and
(4) Provide for training volunteers and promoting the
development of citizen organizations to participate in the
ombudsman program. A trained volunteer long-term care
ombudsman, in accordance with the policies and procedures
established by the state long-term care ombudsman program,
shall inform residents, their representatives, and others about
the rights of residents, and may identify, investigate, and
resolve complaints made by or on behalf of residents of longterm care facilities relating to action, inaction, or decisions,
that may adversely affect the health, safety, welfare, and
rights of these individuals.
Nothing in chapter 133, Laws of 1999 shall be construed
to empower the state long-term care ombudsman or any local
long-term care ombudsman with statutory or regulatory
[Title 43 RCW—page 569]
43.190.065
Title 43 RCW: State Government—Executive
licensing or sanctioning authority. [1999 c 133 § 1; 1995 1st
sp.s. c 18 § 33; 1987 c 158 § 3; 1983 c 290 § 6.]
Severability—1999 c 133: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1999 c 133 § 3.]
Effective date—1999 c 133: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 28, 1999]." [1999 c 133 § 4.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Definitions: See RCW 74.39.007.
43.190.065 Local and state long-term care ombudsmen—Duties and authority in federal older Americans
act. A local long-term care ombudsman, including a trained
volunteer long-term care ombudsman, shall have the duties
and authority set forth in the federal older Americans act (42
U.S.C. Sec. 3058 et seq.) for local ombudsmen. The state
long-term care ombudsman and representatives of the office
of the state long-term care ombudsman, shall have the duties
and authority set forth in the federal older Americans act for
the state long-term care ombudsman and representatives of
the office of the state long-term care ombudsman. [1999 c
133 § 2.]
43.190.065
Severability—Effective date—1999 c 133: See notes following RCW
43.190.060.
43.190.070 Referral procedures—Action on complaints. (1) The office of the state long-term care ombudsman shall develop referral procedures for all long-term care
ombudsman programs to refer any complaint to any appropriate state or local government agency. The department of
social and health services shall act as quickly as possible on
any complaint referred to them by a long-term care ombudsman.
(2) The department of social and health services shall
respond to any complaint against a long-term care facility
which was referred to it by a long-term care ombudsman and
shall forward to that ombudsman a summary of the results of
the investigation and action proposed or taken. [1983 c 290 §
7.]
43.190.070
43.190.080 Development of procedures on right of
entry to facilities—Access to residents—Preservation of
rights. (1) The office of the state long-term care ombudsman
shall develop procedures governing the right of entry of all
long-term care ombudsmen to long-term care facilities and
shall have access to residents with provisions made for privacy for the purpose of hearing, investigating, and resolving
complaints of, and rendering advice to, individuals who are
patients or residents of the facilities at any time deemed necessary and reasonable by the state ombudsman to effectively
carry out the provisions of this chapter.
(2) Nothing in this chapter restricts, limits, or increases
any existing right of any organizations or individuals not
described in subsection (1) of this section to enter or provide
assistance to patients or residents of long-term care facilities.
(3) Nothing in this chapter restricts any right or privilege
of any patient or resident of a long-term care facility to
receive visitors of his or her choice. [1983 c 290 § 8.]
43.190.080
[Title 43 RCW—page 570]
43.190.090
43.190.090 Liability of ombudsman—Discriminatory, disciplinary, or retaliatory actions—Communications privileged—Testimony. (1) No long-term care
ombudsman is liable for good faith performance of responsibilities under this chapter.
(2) No discriminatory, disciplinary, or retaliatory action
may be taken against any employee of a facility or agency,
any patient, resident, or client of a long-term care facility, or
any volunteer, for any communication made, or information
given or disclosed, to aid the long-term care ombudsman in
carrying out its duties and responsibilities, unless the same
was done maliciously or without good faith. This subsection
is not intended to infringe on the rights of the employer to
supervise, discipline, or terminate an employee for other reasons.
(3) All communications by a long-term care ombudsman, if reasonably related to the requirements of that individual's responsibilities under this chapter and done in good
faith, are privileged and that privilege shall serve as a defense
to any action in libel or slander.
(4) A representative of the office is exempt from being
required to testify in court as to any confidential matters
except as the court may deem necessary to enforce this chapter. [1983 c 290 § 9.]
43.190.110
43.190.110 Confidentiality of records and files—Disclosures prohibited—Exception. All records and files of
long-term care ombudsmen relating to any complaint or
investigation made pursuant to carrying out their duties and
the identities of complainants, witnesses, patients, or residents shall remain confidential unless disclosure is authorized by the patient or resident or his or her guardian or legal
representative. No disclosures may be made outside the
office without the consent of any named witnesses, resident,
patient, client, or complainant unless the disclosure is made
without the identity of any of these individuals being disclosed. [1983 c 290 § 11.]
43.190.120
43.190.120 Expenditure of funds on long-term care
ombudsman program. It is the intent that federal requirements be complied with and the department annually expend
at least one percent of the state's allotment of social services
funds from Title III B of the Older Americans Act of 1965, as
it exists as of July 24, 1983, or twenty thousand dollars,
whichever is greater to establish the state long-term care
ombudsman program established by this chapter if funds are
appropriated by the legislature. [1983 c 290 § 12.]
43.190.900
43.190.900 Severability—1983 c 290. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 290 § 17.]
Chapter 43.200
Chapter 43.200 RCW
RADIOACTIVE WASTE ACT
Sections
43.200.010
43.200.015
Finding—Purpose.
Definitions.
(2004 Ed.)
Radioactive Waste Act
43.200.020
43.200.030
43.200.040
43.200.070
43.200.080
43.200.170
43.200.180
43.200.190
43.200.200
43.200.210
43.200.220
43.200.230
43.200.233
43.200.235
43.200.900
43.200.901
43.200.902
43.200.903
43.200.905
43.200.906
Participation authority regarding federal statutes—Federal
financial assistance.
Cooperation required.
Nuclear waste board created—Membership—Compensation
and travel expenses.
Rules.
Additional powers and duties of director—Site closure
account—Perpetual surveillance and maintenance account.
Waste disposal surcharges and penalty surcharges—Disposition.
Implementation of federal low-level radioactive waste policy
amendments of 1985.
Studies on site closure and perpetual care and maintenance
requirements and on adequacy of insurance coverage.
Review of potential damage—Financial assurance.
Immunity of state—Demonstration of financial assurance—
Suspension of permit.
Site closure fee—Generally.
Fees for waste generators.
Waste generator surcharge remittal to counties.
Disposal of waste generator surcharges.
Construction of chapter.
Conflict with federal requirements—1983 1st ex.s. c 19.
Severability—1983 1st ex.s. c 19.
Severability—1984 c 161.
Construction—1986 c 191.
Severability—1986 c 191.
Nuclear energy and radiation: Chapter 70.98 RCW.
43.200.010 Finding—Purpose. The legislature finds
that the safe transporting, handling, storage, or otherwise caring for radioactive wastes is required to protect the health,
safety, and welfare of the citizens of the state of Washington.
It is the purpose of this chapter to establish authority for the
state to exercise appropriate oversight and care for the safe
management and disposal of radioactive wastes; to consult
with the federal government and other states on interim or
permanent storage of these radioactive wastes; and to carry
out the state responsibilities under the federal nuclear waste
policy act of 1982. [1983 1st ex.s. c 19 § 1.]
43.200.080
the federal low-level radioactive waste policy act of 1980,
however the legislature retains an autonomous role with
respect to participation in all aspects of the federal nuclear
waste policy act of 1982. The department may receive federal
financial assistance for carrying out radioactive waste management activities, including assistance for expenses, salaries, travel, and monitoring and evaluating the program of
repository exploration and siting undertaken by the federal
government. [1989 c 322 § 2; 1984 c 161 § 2; 1983 1st ex.s.
c 19 § 2.]
43.200.030 Cooperation required. All departments,
agencies, and officers of this state and its subdivisions shall
cooperate with the department of ecology in the furtherance
of any of its activities pursuant to this chapter. [1989 c 322 §
3; 1984 c 161 § 4; 1983 1st ex.s. c 19 § 3.]
43.200.030
43.200.040 Nuclear waste board created—Membership—Compensation and travel expenses.
43.200.040
Reviser's note: RCW 43.200.040 was amended by 1989 1st ex.s. c 9 §
219 without reference to its repeal by 1989 c 322 § 7, effective July 23, 1989.
It has been decodified for publication purposes pursuant to RCW 1.12.025.
43.200.010
43.200.015
43.200.015 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "High-level radioactive waste" means "high-level
radioactive waste" as the term is defined in 42 U.S.C. Sec.
10101 (P.L. 97-425).
(2) "Low-level radioactive waste" means waste material
that contains radioactive nuclides emitting primarily beta or
gamma radiation, or both, in concentrations or quantities that
exceed applicable federal or state standards for unrestricted
release. Low-level waste does not include waste containing
more than one hundred nanocuries of transuranic contaminants per gram of material, nor spent nuclear fuel, nor material classified as either high-level radioactive waste or waste
that is unsuited for disposal by near-surface burial under any
applicable federal regulations.
(3) "Radioactive waste" means both high-level and lowlevel radioactive waste.
(4) "Spent nuclear fuel" means spent nuclear fuel as the
term is defined in 42 U.S.C. Sec. 10101.
(5) "Department" means the department of ecology.
[1989 c 322 § 1; 1985 c 293 § 1; 1984 c 161 § 1.]
43.200.020 Participation authority regarding federal
statutes—Federal financial assistance. The department of
ecology is designated as the executive branch agency for participation in the federal nuclear waste policy act of 1982 and
43.200.020
(2004 Ed.)
43.200.070 Rules. The department of ecology shall
adopt such rules as are necessary to carry out responsibilities
under this chapter. The department of ecology is authorized
to adopt such rules as are necessary to carry out its responsibilities under chapter 43.145 RCW. [1989 c 322 § 5; 1986 c
2 § 5; 1984 c 161 § 8; 1983 1st ex.s. c 19 § 7.]
43.200.070
43.200.080 Additional powers and duties of director—Site closure account—Perpetual surveillance and
maintenance account. The director of ecology shall, in
addition to the powers and duties otherwise imposed by law,
have the following special powers and duties:
(1) To fulfill the responsibilities of the state under the
lease between the state of Washington and the federal government executed September 10, 1964, covering one thousand acres of land lying within the Hanford reservation near
Richland, Washington. The department of ecology may sublease to private or public entities all or a portion of the land
for specific purposes or activities which are determined, after
public hearing, to be in agreement with the terms of the lease
and in the best interests of the citizens of the state consistent
with any criteria that may be developed as a requirement by
the legislature;
(2) To assume the responsibilities of the state under the
perpetual care agreement between the state of Washington
and the federal government executed July 29, 1965 and the
sublease between the state of Washington and the site operator of the Hanford low-level radioactive waste disposal facility. In order to finance perpetual surveillance and maintenance under the agreement and ensure site closure under the
sublease, the department of ecology shall impose and collect
fees from parties holding radioactive materials for waste
management purposes. The fees shall be established by rule
adopted under chapter 34.05 RCW and shall be an amount
determined by the department of ecology to be necessary to
defray the estimated liability of the state. Such fees shall
reflect equity between the disposal facilities of this and other
states. A site closure account and a perpetual surveillance
43.200.080
[Title 43 RCW—page 571]
43.200.170
Title 43 RCW: State Government—Executive
and maintenance account is hereby created in the state treasury. The site closure account shall be exclusively available
to reimburse, to the extent that moneys are available in the
account, the site operator for its costs plus a reasonable profit
as agreed by the operator and the state, or to reimburse the
state licensing agency and any agencies under contract to the
state licensing agency for their costs in final closure and
decommissioning of the Hanford low-level radioactive waste
disposal facility. If a balance remains in the account after satisfactory performance of closure and decommissioning, this
balance shall be transferred to the perpetual surveillance and
maintenance account. The perpetual surveillance and maintenance account shall be used exclusively by the state to meet
post-closure surveillance and maintenance costs, or for otherwise satisfying surveillance and maintenance obligations.
Appropriations are required to permit expenditures and payment of obligations from the site closure account and the perpetual surveillance and maintenance account. All moneys,
including earnings from the investment of balances in the site
closure and the perpetual surveillance and maintenance
account, less the allocation to the state treasurer's service
fund, pursuant to RCW 43.08.190 accruing under the authority of this section shall be directed to the site closure account
until December 31, 1992. Thereafter receipts including earnings from the investment of balances in the site closure and
the perpetual surveillance and maintenance account, less the
allocation to the state treasurer's service fund, pursuant to
RCW 43.08.190 shall be directed to the site closure account
and the perpetual surveillance and maintenance account as
specified by the department. Additional moneys specifically
appropriated by the legislature or received from any public or
private source may be placed in the site closure account and
the perpetual surveillance and maintenance account. During
the 2003-2005 fiscal biennium, the legislature may transfer
up to thirteen million eight hundred thousand dollars from the
site closure account to the general fund;
(3)(a) Subject to the conditions in (b) of this subsection,
on July 1, 2008, and each July 1st thereafter, the treasurer
shall transfer from the perpetual surveillance and maintenance account to the site closure account the sum of nine hundred sixty-six thousand dollars. The nine hundred sixty-six
thousand dollars transferred on July 1, 2009, and thereafter
shall be adjusted to a level equal to the percentage increase in
the United States implicit price deflator for personal consumption. The last transfer under this section shall occur on
July 1, 2033.
(b) The transfer in (a) of this subsection shall occur only
if written agreement is reached between the state department
of ecology and the United States department of energy pursuant to section 6 of the perpetual care agreement dated July 29,
1965, between the United States atomic energy commission
and the state of Washington. If agreement cannot be reached
between the state department of ecology and the United
States department of energy by June 1, 2008, the treasurer
shall transfer the funds from the general fund to the site closure account according to the schedule in (a) of this subsection.
(c) If for any reason the Hanford low level radioactive
waste disposal facility is closed to further disposal operations
during or after the 2003-2005 biennium and before 2033,
then the amount remaining to be repaid from the 2003-2005
[Title 43 RCW—page 572]
transfer of thirteen million eight hundred thousand dollars
from the site closure account shall be transferred by the treasurer from the general fund to the site closure account to fund
the closure and decommissioning of the facility. The treasurer shall transfer to the site closure account in full the
amount remaining to be repaid upon written notice from the
secretary of health that the department of health has authorized closure or that disposal operations have ceased. The
treasurer shall complete the transfer within sixty days of written notice from the secretary of health.
(d) To the extent that money in the site closure account
together with the amount of money identified for repayment
to the site closure account, pursuant to (a) through (c) of this
subsection, equals or exceeds the cost estimate approved by
the department of health for closure and decommissioning of
the facility, the money in the site closure account together
with the amount of money identified for repayment to the site
closure account shall constitute adequate financial assurance
for purposes of the department of health financial assurance
requirements;
(4) To assure maintenance of such insurance coverage by
state licensees, lessees, or sublessees as will adequately, in
the opinion of the director, protect the citizens of the state
against nuclear accidents or incidents that may occur on privately or state-controlled nuclear facilities;
(5) To institute a user permit system and issue site use
permits, consistent with regulatory practices, for generators,
packagers, or brokers using the Hanford low-level radioactive waste disposal facility. The costs of administering the
user permit system shall be borne by the applicants for site
use permits. The site use permit fee shall be set at a level that
is sufficient to fund completely the executive and legislative
participation in activities related to the Northwest Interstate
Compact on Low-Level Radioactive Waste Management;
(6) To make application for or otherwise pursue any federal funds to which the state may be eligible, through the federal resource conservation and recovery act or any other federal programs, for the management, treatment or disposal,
and any remedial actions, of wastes that are both radioactive
and hazardous at all Hanford low-level radioactive waste disposal facilities; and
(7) To develop contingency plans for duties and options
for the department and other state agencies related to the
Hanford low-level radioactive waste disposal facility based
on various projections of annual levels of waste disposal.
These plans shall include an analysis of expected revenue to
the state in various taxes and funds related to low-level radioactive waste disposal and the resulting implications that any
increase or decrease in revenue may have on state agency
duties or responsibilities. The plans shall be updated annually. [2003 1st sp.s. c 21 § 1; 1999 c 372 § 12; 1991 sp.s. c 13
§ 60; 1990 c 21 § 6; 1989 c 418 § 2; 1986 c 2 § 1; 1983 1st
ex.s. c 19 § 8.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Suspension and reinstatement of site use permits: RCW 70.98.085.
43.200.170 Waste disposal surcharges and penalty
surcharges—Disposition. The governor may assess surcharges and penalty surcharges on the disposal of waste at the
Hanford low-level radioactive waste disposal facility. The
43.200.170
(2004 Ed.)
Radioactive Waste Act
surcharges may be imposed up to the maximum extent permitted by federal law. Ten dollars per cubic foot of the moneys received under this section shall be transmitted monthly
to the site closure account established under RCW
43.200.080. The rest of the moneys received under this section shall be deposited in the general fund. [1990 c 21 § 3;
1986 c 2 § 3.]
43.200.180
43.200.180 Implementation of federal low-level
radioactive waste policy amendments of 1985. The department of ecology shall be the state agency responsible for
implementation of the federal low-level radioactive waste
policy amendments act of 1985, including:
(1) Collecting and administering the surcharge assessed
by the governor under RCW 43.200.170;
(2) Collecting low-level radioactive waste data from disposal facility operators, generators, intermediate handlers,
and the federal department of energy;
(3) Developing and operating a computerized information system to manage low-level radioactive waste data;
(4) Denying and reinstating access to the Hanford lowlevel radioactive waste disposal facility pursuant to the
authority granted under federal law;
(5) Administering and/or monitoring (a) the maximum
waste volume levels for the Hanford low-level radioactive
waste disposal facility, (b) reactor waste allocations, (c) priority allocations under the Northwest Interstate Compact on
Low-Level Radioactive Waste Management, and (d) adherence by other states and compact regions to federal statutory
deadlines; and
(6) Coordinating the state's low-level radioactive waste
disposal program with similar programs in other states.
[1998 c 245 § 81; 1986 c 2 § 4.]
43.200.190
43.200.190 Studies on site closure and perpetual care
and maintenance requirements and on adequacy of insurance coverage. The department of ecology shall perform
studies, by contract or otherwise, to define site closure and
perpetual care and maintenance requirements for the Hanford
low-level radioactive waste disposal facility and to assess the
adequacy of insurance coverage for general liability, radiological liability, and transportation liability for the facility.
[1998 c 245 § 82; 1986 c 2 § 6.]
43.200.200
43.200.200 Review of potential damage—Financial
assurance. (1) The director of the department of ecology
shall periodically review the potential for bodily injury and
property damage arising from the transportation and disposal
of commercial low-level radioactive waste under permits
issued by the state.
(2) The director may require permit holders to demonstrate financial assurance in an amount that is adequate to
protect the state and its citizens from all claims, suits, losses,
damages, or expenses on account of injuries to persons and
property damage arising or growing out of the transportation
or disposal of commercial low-level radioactive waste. The
financial assurance may be in the form of insurance, cash
deposits, surety bonds, corporate guarantees, and other
acceptable instruments or guarantees determined by the
director to be acceptable evidence of financial assurance.
(2004 Ed.)
43.200.220
(3) In making the determination of the appropriate level
of financial assurance, the director shall consider:
(a) The nature and purpose of the activity and its potential for injury and damages to or claims against the state and
its citizens;
(b) The current and cumulative manifested volume and
radioactivity of waste being packaged, transported, buried, or
otherwise handled;
(c) The location where the waste is being packaged,
transported, buried, or otherwise handled, including the proximity to the general public and geographic features such as
geology and hydrology, if relevant; and
(d) The legal defense cost, if any, that will be paid from
the required financial assurance amount.
(4) The director may establish different levels of
required financial assurance for various classes of permit
holders.
(5) The director shall establish by rule the instruments or
mechanisms by which a permit applicant or holder may demonstrate financial assurance as required by RCW 43.200.210.
[1998 c 245 § 83; 1992 c 61 § 1; 1990 c 82 § 1; 1986 c 191 §
1.]
43.200.210
43.200.210 Immunity of state—Demonstration of
financial assurance—Suspension of permit. (1) The
department of ecology shall require that any person who
holds or applies for a permit under this chapter indemnify and
hold harmless the state from claims, suits, damages, or
expenses on account of injuries to or death of persons and
property damage, arising or growing out of any operations
and activities for which the person holds the permit, and any
necessary or incidental operations.
(2) The department of ecology shall refuse to issue or
shall suspend the permit of any person required by this section to demonstrate adequate financial assurance who fails to
demonstrate compliance with this section. The permit shall
not be issued or reinstated until the person demonstrates compliance with this section.
(3) The department of ecology shall require (a) that any
person required to demonstrate financial assurance maintain
with the agency current copies of any insurance policies, certificates of insurance, or any other documents sufficient to
evidence compliance with this section, (b) that the agency be
notified of any changes in the instruments of financial assurance or financial condition of the person, and (c) that the state
be named as an insured party on any insurance policy used to
comply with this section. This subsection shall not apply to
any person subject to the same requirements under RCW
70.98.095. [1992 c 61 § 2; 1990 c 82 § 2; 1986 c 191 § 2.]
43.200.220 Site closure fee—Generally. Beginning
January 1, 1993, the department of ecology may impose a
reasonable site closure fee if necessary to be deposited in the
site closure account established under RCW 43.200.080. The
department may continue to collect moneys for the site closure account until the account contains an amount sufficient
to complete the closure plan, as specified in the radioactive
materials license issued by the department of health. [1990 c
21 § 4.]
43.200.220
Rate regulation anticipated—1990 c 21: "State and national policy
directs that the management of low-level radioactive waste shall be accom[Title 43 RCW—page 573]
43.200.230
Title 43 RCW: State Government—Executive
plished by a system of interstate compacts and the development of regional
disposal sites. The Northwest regional compact, comprised of the states of
Alaska, Hawaii, Idaho, Montana, Oregon, Utah, and Washington, has as its
disposal facility the low-level radioactive waste disposal site located near
Richland, Washington. This site is expected to be the sole site for disposal of
low-level radioactive waste for compact members effective January 1, 1993.
Future closure of this site will require significant financial resources.
Low-level radioactive waste is generated by essential activities and services that benefit the citizens of the state. Washington state's low-level radioactive waste disposal site has been used by the nation and the Northwest
compact as a disposal site since 1965. The public has come to rely on access
to this site for disposal of low-level radioactive waste, which requires separate handling from other solid and hazardous wastes. The price of disposing
of low-level radioactive waste at the Washington state low-level radioactive
waste disposal site is anticipated to increase when the federal low-level
radioactive waste policy amendments act of 1985 is implemented and waste
generated outside the Northwest compact states is excluded. To protect
Washington and other Northwest compact states' businesses and services,
such as electrical production, medical and university research, and private
industries, upon which the public relies, there may be a need to regulate the
rates charged by the operator of Washington's low-level radioactive waste
disposal site." [1990 c 21 § 1.]
Low-level waste disposal rate regulation study: RCW 81.04.520.
43.200.900
43.200.900 Construction of chapter. The rules of
strict construction do not apply to this chapter and it shall be
liberally construed in order to carry out the objective for
which it is designed, in accordance with the legislative intent
to give the board the maximum possible freedom in carrying
the provisions of this chapter into effect. [1984 c 161 § 15;
1983 1st ex.s. c 19 § 10.]
43.200.901
43.200.901 Conflict with federal requirements—
1983 1st ex.s. c 19. If any part of this act shall be found to be
in conflict with federal requirements which are a prescribed
condition to the allocation of federal funds to the state, such
conflicting part of this act is hereby declared to be inoperative
solely to the extent of such conflict and with respect to the
agencies directly affected, and such finding or determination
shall not affect the operation of the remainder of this act in its
application to the agencies concerned. The rules and regulations under this act shall meet federal requirements which are
a necessary condition to the receipt of federal funds by the
state. [1983 1st ex.s. c 19 § 11.]
43.200.230
43.200.230 Fees for waste generators. The director of
the department of ecology shall require that generators of
waste pay a fee for each cubic foot of waste disposed at any
facility in the state equal to six dollars and fifty cents. The fee
shall be imposed specifically on the generator of the waste
and shall not be considered to apply in any way to the lowlevel site operator's disposal activities. The fee shall be allocated in accordance with RCW 43.200.233 and 43.200.235.
This subsection shall be invalidated and the authorization to
collect a surcharge removed if the legislature or any administrative agency of the state of Washington prior to January 1,
1993, (1) imposes fees, assessments, or charges other than
perpetual care and maintenance, site surveillance, and site
closing fees currently applicable to the Hanford commercial
low-level waste site operator's activities, (2) imposes any
additional fees, assessments, or charges on generators using
the Hanford commercial low-level waste site, or (3) increases
any existing fees, assessments, or charges. [1991 c 272 § 16.]
Effective dates—1991 c 272: See RCW 81.108.901.
43.200.902
43.200.902 Severability—1983 1st ex.s. c 19. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1983 1st ex.s. c 19 § 12.]
43.200.903
43.200.903 Severability—1984 c 161. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 161 § 17.]
43.200.905
43.200.905 Construction—1986 c 191. The provisions
of this act shall not have the effect of reducing the level of liability coverage required under any law, regulation, or contract of the state before December 31, 1987, or the effective
date of the first determination made pursuant to RCW
43.200.200, if earlier. [1986 c 191 § 4.]
43.200.233
43.200.233 Waste generator surcharge remittal to
counties. A portion of the surcharge received under RCW
43.200.230 shall be remitted monthly to the county in which
the low-level radioactive waste disposal facility is located in
the following manner:
(1) During 1993, six dollars and fifty cents per cubic foot
of waste;
(2) During 1994, three dollars and twenty-five cents per
cubic foot of waste; and
(3) During 1995 and thereafter, two dollars per cubic
foot of waste. [1991 c 272 § 17.]
Effective dates—1991 c 272: See RCW 81.108.901.
43.200.906
43.200.906 Severability—1986 c 191. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1986 c 191 § 6.]
Chapter 43.205
Sections
43.205.010
43.205.020
43.200.235
43.200.235 Disposal of waste generator surcharges.
Except for moneys that may be remitted to a county in which
a low-level radioactive waste disposal facility is located, all
surcharges authorized under RCW 43.200.230 shall be
deposited in the fund created in RCW 43.31.422. [1991 c 272
§ 18.]
Effective dates—1991 c 272: See RCW 81.108.901.
[Title 43 RCW—page 574]
Chapter 43.205 RCW
HIGH-LEVEL NUCLEAR WASTE
REPOSITORY SITING
Findings.
Duties relating to the site selection process for a high-level
nuclear waste repository.
Nuclear waste site—Election for disapproval: Chapter 29A.88 RCW.
43.205.010
43.205.010 Findings. The legislature and the people of
the state of Washington find that:
(1) In order to solve the problem of high-level radioactive waste disposal, congress established a process for select(2004 Ed.)
Small Business Export Finance Assistance Center
ing two sites for the safe, permanent, and regionally equitable
disposal of such waste.
(2) The process of selecting three sites as final candidates, including the Hanford reservation, for a first high-level
nuclear waste repository by the United States department of
energy violated the intent and the mandate of congress.
(3) The United States department of energy has prematurely deferred consideration of numerous potential sites and
disposal media that its own research indicates are more
appropriate, safer, and less expensive.
(4) Placement of a repository at Hanford without
methodical and independently verified scientific evaluation
will pose a threat to the health and safety of the people and
the environment of this state.
(5) The selection process is flawed and not credible
because it did not include independent experts in the selection of the sites and in the review of that selection, as recommended by the National Academy of Sciences.
(6) By postponing indefinitely all site specific work for a
second repository, the United States department of energy
has not complied with the intent of congress expressed in the
Nuclear Waste Policy Act, Public Law 97-425, and the fundamental compromise which enabled its enactment. [1986
ex.s. c 1 § 1.]
43.205.020
43.205.020 Duties relating to the site selection process for a high-level nuclear waste repository. In order to
achieve complete compliance with federal law and protect
the health, safety, and welfare of the people of the state of
Washington, the governor, the legislature, other statewide
elected officials, and the nuclear waste board shall use all
legal means necessary to:
(1) Suspend the preliminary site selection process for a
high-level nuclear waste repository, including the process of
site characterization, until there is compliance with the intent
of the Nuclear Waste Policy Act;
(2) Reverse the secretary of energy's decision to postpone indefinitely all site specific work on locating and developing a second repository for high-level nuclear waste;
(3) Insist that the United States department of energy's
site selection process, when resumed, considers all acceptable geologic media and results in safe, scientifically justified, and regionally and geographically equitable high-level
nuclear waste disposal;
(4) Demand that federal budget actions fully and completely follow the intent of the Nuclear Waste Policy Act; and
(5) Continue to pursue alliances with other states and
interested parties, particularly with Pacific Northwest governors, legislatures, and other parties, affected by the site selection and transportation of high-level nuclear waste. [1986
ex.s. c 1 § 2.]
Chapter 43.210
Chapter 43.210 RCW
SMALL BUSINESS EXPORT FINANCE
ASSISTANCE CENTER
(Formerly: Export assistance center)
Sections
43.210.010
43.210.020
(2004 Ed.)
Findings.
Small business export finance assistance center authorized—
Purposes.
43.210.030
43.210.040
43.210.050
43.210.060
43.210.130
43.210.020
Board of directors—Membership—Terms—Vacancies.
Powers and duties.
Export assistance services contract with department of community, trade, and economic development.
Rule-making authority.
Minority business export outreach program.
43.210.010
43.210.010 Findings. The legislature finds:
(1) The exporting of goods and services from Washington to international markets is an important economic stimulus to the growth, development, and stability of the state's
businesses in both urban and rural areas, and that these economic activities create needed jobs for Washingtonians.
(2) Impediments to the entry of many small and mediumsized businesses into export markets have restricted growth
in exports from the state.
(3) Particularly significant impediments for many small
and medium-sized businesses are the lack of easily accessible
information about export opportunities and financing alternatives.
(4) There is a need for a small business export finance
assistance center which will specialize in providing export
assistance to small and medium-sized businesses throughout
the state in acquiring information about export opportunities
and financial alternatives for exporting. [1990 1st ex.s. c 17
§ 65; 1985 c 231 § 1; 1983 1st ex.s. c 20 § 1.]
Intent—1990 1st ex.s. c 17: "The legislature finds that the Puget Sound
region is experiencing economic prosperity and the challenges associated
with rapid growth; much of the rest of the state is not experiencing economic
prosperity, and faces challenges associated with slow economic growth. It is
the intent of the legislature to encourage economic prosperity and balanced
economic growth throughout the state.
In order to accomplish this goal, growth must be managed more effectively in the Puget Sound region, and rural areas must build local capacity to
accommodate additional economic activity in their communities. Where
possible, rural economies and low-income areas should be linked with prosperous urban economies to share economic growth for the benefit of all areas
and the state.
To accomplish this goal it is the intent of the legislature to: (1) Assure
equitable opportunities to secure prosperity for distressed areas, rural communities, and disadvantaged populations by promoting urban-rural economic links, and by promoting value-added product development, business
networks, and increased exports from rural areas; (2) improve the economic
development service delivery system to be better able to serve these areas,
communities, and populations; (3) redirect the priorities of the state's economic development programs to focus economic development efforts into
areas and sectors of the greatest need; (4) build local capacity so that communities are better able to plan for growth and achieve self-reliance; (5)
administer grant programs to promote new feasibility studies and project
development on projects of interest to rural areas or areas outside of the
Puget Sound region; and (6) develop a coordinated economic investment
strategy involving state economic development programs, businesses, educational and vocational training institutions, local governments and local
economic development organizations, ports, and others." [1990 1st ex.s. c
17 § 64.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
43.210.020
43.210.020 Small business export finance assistance
center authorized—Purposes. A nonprofit corporation, to
be known as the small business export finance assistance center, and branches subject to its authority, may be formed
under chapter 24.03 RCW for the following public purposes:
(1) To assist small and medium-sized businesses in both
urban and rural areas in the financing of export transactions.
(2) To provide, singly or in conjunction with other organizations, information and assistance to these businesses
about export opportunities and financing alternatives. [1998
[Title 43 RCW—page 575]
43.210.030
Title 43 RCW: State Government—Executive
c 109 § 1; 1990 1st ex.s. c 17 § 66; 1985 c 231 § 2; 1983 1st
ex.s. c 20 § 2.]
Intent—1990 1st ex.s. c 17: See note following RCW 43.210.010.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Transfer of property—1985 c 231: "All reports, documents, surveys,
books, records, files, papers, or written material in the possession of the
export assistance center shall be delivered to the custody of the small business export finance assistance center. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the export
assistance center shall be made available to the small business export finance
assistance center. All funds, credits, or other assets held by the export assistance center shall be assigned to the small business export finance assistance
center.
Whenever any question arises as to the transfer of any funds, books,
documents, records, papers, files, equipment, or other tangible property used
or held in the exercise of the powers and the performance of the duties and
functions transferred, the director of financial management shall make a
determination as to the proper allocation and certify the same to the state
agencies concerned." [1985 c 231 § 7.]
Existing contracts—1985 c 231: "All existing contracts and obligations shall remain in full force and shall be performed by the small business
export finance assistance center." [1985 c 231 § 8.]
Savings—1985 c 231: "The transfer of the powers, duties, and functions of the export assistance center shall not affect the validity of any act
performed prior to May 10, 1985." [1985 c 231 § 9.]
43.210.030
43.210.030 Board of directors—Membership—
Terms—Vacancies. The small business export finance
assistance center and its branches shall be governed and managed by a board of seven directors appointed by the governor,
with the advice of the board, and confirmed by the senate.
The directors shall serve terms of four years following the
terms of service established by the initial appointments after
June 11, 1998. Three appointees, including directors on June
11, 1998, who are reappointed, must serve initial terms of
two years and, if a director is reappointed that director may
serve a consecutive four-year term. Four appointees, including directors on June 11, 1998, who are reappointed, must
serve initial terms of four years and, if a director is reappointed that director may serve a consecutive four-year term.
After the initial appointments, directors may serve two consecutive terms. The directors may provide for the payment of
their expenses. The directors shall include the director of
community, trade, and economic development or the director's designee; representatives of a large financial institution
engaged in financing export transactions in the state of Washington; a small financial institution engaged in financing
export transactions in the state of Washington; a large exporting company domiciled in the state of Washington; a small
exporting company in the state of Washington; organized
labor in a trade involved in international commerce; and a
representative at large. To the extent possible, appointments
to the board shall reflect geographical balance and the diversity of the state population. Any vacancies on the board due
to the expiration of a term or for any other reason shall be
filled by appointment by the governor for the unexpired term.
[1998 c 109 § 2; 1995 c 399 § 106; 1991 c 314 § 15; 1985 c
231 § 3; 1983 1st ex.s. c 20 § 3.]
Findings—1991 c 314: See note following RCW 43.160.020.
43.210.040
43.210.040 Powers and duties. (1) The small business
export finance assistance center formed under RCW
43.210.020 and 43.210.030 shall have the powers granted
[Title 43 RCW—page 576]
under chapter 24.03 RCW. In exercising such powers, the
center may:
(a) Solicit and accept grants, contributions, and any other
financial assistance from the federal government, federal
agencies, and any other sources to carry out its purposes;
(b) Provide assistance to businesses with annual sales of
two hundred million dollars or less in obtaining loans and
guarantees of loans made by financial institutions for the purpose of financing export of goods or services from the state of
Washington;
(c) Provide export finance and risk mitigation counseling
to Washington exporters with annual sales of two hundred
million dollars or less, provided that such counseling is not
practicably available from a Washington for-profit business.
For such counseling, the center may charge reasonable fees
as it determines are necessary;
(d) Provide assistance in obtaining export credit insurance or alternate forms of foreign risk mitigation to facilitate
the export of goods and services from the state of Washington;
(e) Be available as a teaching resource to both public and
private sponsors of workshops and programs relating to the
financing and risk mitigation aspects of exporting products
and services from the state of Washington;
(f) Develop a comprehensive inventory of export-financing resources, both public and private, including information
on resource applicability to specific countries and payment
terms;
(g) Contract with the federal government and its agencies to become a program administrator for federally provided loan guarantee and export credit insurance programs;
and
(h) Take whatever action may be necessary to accomplish the purposes set forth in this chapter.
(2) The center may not use any Washington state funds
or funds which come from the public treasury of the state of
Washington to make loans or to make any payment under a
loan guarantee agreement. Under no circumstances may the
center use any funds received under RCW 43.210.050 to
make or assist in making any loan or to pay or assist in paying
any amount under a loan guarantee agreement. Debts of the
center shall be center debts only and may be satisfied only
from the resources of the center. The state of Washington
shall not in any way be liable for such debts.
(3) The small business export finance assistance center
shall make every effort to seek nonstate funds for its continued operation.
(4) The small business export finance assistance center
may receive such gifts, grants, and endowments from public
or private sources as may be made from time to time, in trust
or otherwise, for the use and benefit of the purposes of the
small business export finance assistance center and expend
the same or any income therefrom according to the terms of
the gifts, grants, or endowments. [1998 c 109 § 3; 1987 c 505
§ 43; 1985 c 231 § 4; 1983 1st ex.s. c 20 § 4.]
43.210.050 Export assistance services contract with
department of community, trade, and economic development. The small business export finance assistance center
formed under RCW 43.210.020 and 43.210.030 shall enter
into a contract under this chapter with the department of com43.210.050
(2004 Ed.)
211 Information System
munity, trade, and economic development or its statutory
successor. The contract shall require the center to provide
export assistance services, consistent with *RCW 43.210.070
and 43.210.100 through 43.210.120, shall have a duration of
two years, and shall require the center to aggressively seek to
fund its continued operation from nonstate funds. The contract shall also require the center to report annually to the
department on its success in obtaining nonstate funding.
Upon expiration of the contract, any provisions within the
contract applicable to the *Pacific Northwest export assistance project shall be automatically renewed without change
provided the legislature appropriates funds for administration
of the small business export assistance center and the
*Pacific Northwest export assistance project. The provisions
of the contract related to the *Pacific Northwest export assistance project may be changed at any time if the director of the
department of community, trade, and economic development
or the president of the small business export finance assistance center present compelling reasons supporting the need
for a contract change to the board of directors and a majority
of the board of directors agrees to the changes. The department of agriculture shall be included in the contracting negotiations with the department of community, trade, and economic development and the small business export finance
assistance center when the *Pacific Northwest export assistance project provides export services to industrial sectors
within the administrative domain of the Washington state
department of agriculture. [1998 c 245 § 84; 1995 c 399 §
107; 1991 c 314 § 16. Prior: 1985 c 466 § 64; 1985 c 231 §
5; 1983 1st ex.s. c 20 § 5.]
*Reviser's note: The "Pacific Northwest export assistance project" was
sunsetted by RCW 43.131.373 and 43.131.374, and RCW 43.210.070 and
43.210.100 through 43.210.120 were repealed by 1991 c 314 § 18, effective
June 30, 1997.
Findings—1991 c 314: See note following RCW 43.160.020.
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
43.210.060
43.210.060 Rule-making authority. The department
of community, trade, and economic development or its statutory successor shall adopt rules under chapter 34.05 RCW as
necessary to carry out the purposes of this chapter. [1995 c
399 § 108; 1985 c 466 § 65; 1983 1st ex.s. c 20 § 6.]
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
43.210.130
43.210.130 Minority business export outreach program. The small business export finance assistance center
shall develop a minority business export outreach program.
The program shall provide outreach services to minorityowned businesses in Washington to inform them of the
importance of and opportunities in international trade, and to
inform them of the export assistance programs available to
assist these businesses to become exporters. [1993 c 512 §
5.]
Short title—Part headings and section captions—Severability—
Effective date—1993 c 512: See RCW 43.172.900 through 43.172.903.
Office of minority and women's business enterprises: Chapter 39.19 RCW.
Small business bonding assistance program: Chapter 43.172 RCW.
(2004 Ed.)
Chapter 43.211
43.211.020
Chapter 43.211 RCW
211 INFORMATION SYSTEM
Sections
43.211.005
43.211.010
43.211.020
43.211.030
43.211.040
43.211.050
43.211.060
43.211.070
43.211.900
43.211.901
43.211.902
Findings.
211 system.
Definitions.
New information services.
211 services.
211 account.
Use of 211 account moneys.
Reports to the legislature.
Captions not law.
Severability—2003 c 135.
Effective date—2003 c 135.
43.211.005
43.211.005 Findings. The legislature finds that the
implementation of a single easy to use telephone number,
211, for public access to information and referral for health
and human services and information about access to services
after a natural or nonnatural disaster will benefit the citizens
of the state of Washington by providing easier access to
available health and human services, by reducing inefficiencies in connecting people with the desired service providers,
and by reducing duplication of efforts. The legislature further finds in a time of reduced resources for providing health
and human services that establishing a cost-effective means
to continue to provide information to the public about available services is important. The legislature further finds that
an integrated statewide system of local information and referral service providers will build upon an already existing network of experienced service providers without the necessity
of creating a new agency, department, or system to provide
211 services. The legislature further finds that no funds
should be appropriated by the legislature to a 211 system
under chapter 135, Laws of 2003 without receiving documentation that a 211 system will provide savings to the state.
[2003 c 135 § 1.]
43.211.010
43.211.010 211 system. 211 is created as the official
state dialing code for public access to information and referral for health and human services and information about
access to services after a natural or nonnatural disaster.
[2003 c 135 § 2.]
43.211.020
43.211.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" means the department of social and
health services.
(2) "WIN 211" means the Washington information network 211, a 501(c)(3) corporation incorporated in the state of
Washington.
(3) "Approved 211 service provider" means a public or
nonprofit agency or organization designated by WIN 211 to
provide 211 services.
(4) "211 service area" means an area of the state of
Washington identified by WIN 211 as an area in which an
approved 211 service provider will provide 211 services.
(5) "211" means the abbreviated dialing code assigned
by the federal communications commission on July 21, 2000,
for consumer access to community information and referral
services. [2003 c 135 § 3.]
[Title 43 RCW—page 577]
43.211.030
Title 43 RCW: State Government—Executive
43.211.030
43.211.030 New information services. Before a state
agency or department that provides health and human services establishes a new public information telephone line or
hotline, the state agency or department shall consult with
WIN 211 about using the 211 system to provide public access
to the information. [2003 c 135 § 4.]
43.211.040
43.211.040 211 services. Only a service provider
approved by WIN 211 may provide 211 telephone services.
WIN 211 shall approve 211 service providers, after considering the following:
(1) The ability of the proposed 211 service provider to
meet the national 211 standards recommended by the alliance
of information and referral systems and adopted by the
national 211 collaborative on May 5, 2000;
(2) The financial stability and health of the proposed 211
service provider;
(3) The community support for the proposed 211 service
provider;
(4) The relationships with other information and referral
services; and
(5) Such other criteria as WIN 211 deems appropriate.
[2003 c 135 § 5.]
43.211.900
43.211.900 Captions not law. Captions used in this
chapter are not part of the law. [2003 c 135 § 9.]
43.211.901
43.211.901 Severability—2003 c 135. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2003 c 135 § 10.]
43.211.902
43.211.902 Effective date—2003 c 135. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect July 1, 2003.
[2003 c 135 § 11.]
Chapter 43.220 RCW
WASHINGTON CONSERVATION CORPS
Chapter 43.220
Sections
43.220.010
43.220.020
43.220.030
43.220.040
43.220.060
43.211.050
43.211.050 211 account. The 211 account is created in
the state treasury. Moneys in the account may be spent only
after appropriation. The 211 account shall include any funding for this purpose appropriated by the legislature, private
contributions, and all other sources. Expenditures from the
211 account shall be used only for the implementation and
support of the 211 system. [2003 c 135 § 6.]
43.220.070
43.220.080
43.220.090
43.220.120
43.220.130
43.220.160
43.211.060
43.211.060 Use of 211 account moneys. (1) WIN 211
shall study, design, implement, and support a statewide 211
system.
(2) Activities eligible for assistance from the 211
account include, but are not limited to:
(a) Creating a structure for a statewide 211 resources
data base that will meet the alliance for information and referral systems standards for information and referral systems
data bases and that will be integrated with local resources
data bases maintained by approved 211 service providers;
(b) Developing a statewide resources data base for the
211 system;
(c) Maintaining public information available from state
agencies, departments, and programs that provide health and
human services for access by 211 service providers;
(d) Providing grants to approved 211 service providers
for the design, development, and implementation of 211 for
its 211 service area;
(e) Providing grants to approved 211 service providers to
enable 211 service providers to provide 211 service on an
ongoing basis; and
(f) Providing grants to approved 211 service providers to
enable the provision of 211 services on a twenty-four-hour
per day seven-day a week basis. [2003 c 135 § 7.]
43.211.070
43.211.070 Reports to the legislature. WIN 211 shall
provide an annual report to the legislature and the department
beginning July 1, 2004. [2003 c 135 § 8.]
[Title 43 RCW—page 578]
43.220.170
43.220.180
43.220.190
43.220.210
43.220.231
43.220.240
43.220.250
43.220.901
43.220.902
43.220.903
43.220.904
Legislative declaration.
Conservation corps created.
Program goals.
Definitions.
Powers and duties—Effect on employed workers—Use of
facilities, supplies, instruments, and tools of supervising
agency.
Corps membership—Eligibility, terms, etc.
Selection of corps members—Development of corps program.
Conservation corps established in department of ecology—
Work project areas.
Conservation corps established in department of fish and
wildlife—Work project areas.
Conservation corps established in department of natural
resources—Work project areas.
Conservation corps established in state parks and recreation
commission—Work project areas.
Exemption from unemployment compensation coverage.
Identification of historic properties and sites in need of rehabilitation or renovation—Use of corps members.
Duties of agencies.
Selection, review, approval, and evaluation of projects—
Recruitment, job training and placement services.
Limitation on use of funds.
Staff support—Administration.
Reimbursement of nonprofit corporations for certain services.
Severability—1983 1st ex.s. c 40.
Severability—1985 c 230.
Severability—1987 c 367.
Effective date—1999 c 280.
43.220.010
43.220.010 Legislative declaration. The legislature
declares that:
(1) A central element in the development of the state's
young is the provision of meaningful work experience to
teach the value of labor and membership in a productive society;
(2) It is important to provide an opportunity for grouporiented public service experiences for the state's young persons;
(3) The state is still benefiting from the wide range of
public works accomplished by the conservation corps many
years ago and that a similar program will likewise benefit
future generations; and
(4) Values of hard work, public spiritedness, group
achievement and cooperation, resource conservation, and
environmental appreciation can and should be transmitted to
(2004 Ed.)
Washington Conservation Corps
society's youth through a conservation corps program. [1983
1st ex.s. c 40 § 2.]
43.220.020
43.220.020 Conservation corps created. The Washington conservation corps is hereby created, to be implemented by the following state departments: The employment
security department, the department of ecology, the department of fish and wildlife, the department of natural resources,
and the state parks and recreation commission. [1999 c 280 §
1; 1994 c 264 § 32; 1988 c 36 § 23; 1983 1st ex.s. c 40 § 1.]
43.220.030
43.220.030 Program goals. Program goals of the
Washington conservation corps include:
(1) Conservation, rehabilitation, and enhancement of the
state's natural, historic, environmental, and recreational
resources with emphasis given to projects which address the
following statewide priorities:
(a) Timber, fish and wildlife management plan;
(b) Watershed management plan;
(c) Eco-tourism and heritage tourism;
(d) Statewide water quality;
(e) United States-Canada fisheries treaty;
(f) Public access to and environmental education about
stewardship of natural resources on state lands;
(g) Recreational trails;
(h) Salmon recovery and volunteer initiatives;
(2) Development of the state's youth resources through
meaningful work experiences;
(3) Making outdoor and historic resources of the state
available for public enjoyment;
(4) Teaching of the workings of natural, environmental,
and biological systems, as well as basic employment skills;
(5) Assisting agencies in carrying out statutory assignments with limited funding resources; and
(6) Providing needed public services in both urban and
rural settings with emphasis in a distressed area or areas.
[1999 c 280 § 2; 1987 c 367 § 1; 1983 1st ex.s. c 40 § 3.]
43.220.040
43.220.040 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Public lands" means any lands or waters, or interests
therein, owned or administered by any agency or instrumentality of the state, federal, or local government.
(2) "Corps" means the Washington conservation corps.
(3) "Corps member" means an individual enrolled in the
Washington conservation corps.
(4) "Corps member leaders" or "specialists" means members of the corps who serve in leadership or training capacities or who provide specialized services other than or in addition to the types of work and services that are performed by
the corps members in general.
(5) "Crew supervisor" means temporary, project, or permanent state employees who supervise corps members and
coordinate work project design and completion.
(6) "Distressed area" has the meaning as defined in RCW
43.168.020. [1999 c 280 § 3; 1999 c 151 § 1301; 1987 c 367
§ 2; 1983 1st ex.s. c 40 § 4.]
43.220.070
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
43.220.060
43.220.060 Powers and duties—Effect on employed
workers—Use of facilities, supplies, instruments, and
tools of supervising agency. (1) Each state department identified in RCW 43.220.020 shall have the following powers
and duties to carry out its functions relative to the Washington conservation corps:
(a) Recruiting and employing staff, corps members,
corps member leaders, and specialists;
(b) Executing agreements for furnishing the services of
the corps to carry out conservation corps programs to any
federal, state, or local public agency, any local organization
as specified in this chapter in concern with the overall objectives of the conservation corps;
(c) Applying for and accepting grants or contributions of
funds from any private source;
(d) Determining a preference for those projects which
will provide long-term benefits to the public, will provide
productive training and work experiences to the members
involved, will be labor-intensive, may result in payments to
the state for services performed, and can be promptly completed; and
(e) Entering into agreements with community colleges
within the state's community and technical college system
and other educational institutions or independent nonprofit
agencies to provide special education in basic skills, including reading, writing, and mathematics for those conservation
corps members who may benefit by participation in such
classes. Classes shall be scheduled after corps working hours.
Participation by members is not mandatory but shall be
strongly encouraged. The participation shall be a primary factor in determining whether the opportunity for corps membership beyond one year shall be offered. Instruction related
to the specific role of the department in resource conservation
shall also be offered, either in a classroom setting or as is otherwise appropriate.
(2) The assignment of corps members shall not result in
the displacement of currently employed workers, including
partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits. Supervising
agencies that participate in the program may not terminate,
lay-off, or reduce the working hours of any employee for the
purpose of using a corps member with available funds. In circumstances where substantial efficiencies or a public purpose
may result, supervising agencies may use corps members to
carry out essential agency work or contractual functions
without displacing current employees.
(3) Facilities, supplies, instruments, and tools of the
supervising agency shall be made available for use by the
conservation corps to the extent that such use does not conflict with the normal duties of the agency. The agency may
purchase, rent, or otherwise acquire other necessary tools,
facilities, supplies, and instruments. [1999 c 280 § 4; 1987 c
505 § 44; 1983 1st ex.s. c 40 § 6.]
43.220.070
Reviser's note: This section was amended by 1999 c 151 § 1301 and by
1999 c 280 § 3, each without reference to the other. Both amendments are
(2004 Ed.)
43.220.070 Corps membership—Eligibility, terms,
etc. (1) Conservation corps members shall be unemployed
[Title 43 RCW—page 579]
43.220.080
Title 43 RCW: State Government—Executive
residents of the state between eighteen and twenty-five years
of age at the time of enrollment who are citizens or lawful
permanent residents of the United States. The age requirements may be waived for corps leaders and specialists with
special leadership or occupational skills; such members shall
be given special responsibility for providing leadership, character development, and sense of community responsibility to
the corps members, groups, and work crews to which they are
assigned. The upper age requirement may be waived for residents who have a sensory or mental handicap. Special effort
shall be made to recruit minority and disadvantaged youth
who meet selection criteria of the conservation corps. Preference shall be given to youths residing in areas, both urban and
rural, in which there exists substantial unemployment
exceeding the state average unemployment rate.
(2) The legislature finds that people with developmental
disabilities would benefit from experiencing a meaningful
work experience, and learning the value of labor and of membership in a productive society.
The legislature urges state agencies that are participating
in the Washington conservation corps program to consider
for enrollment in the program people who have developmental disabilities, as defined in RCW 71A.10.020.
If an agency chooses to enroll people with developmental disabilities in its Washington conservation corps program,
the agency may apply to the United States department of
labor, employment standards administration for a special
subminimum wage certificate in order to be allowed to pay
enrollees with developmental disabilities according to their
individual levels of productivity.
(3) Corps members shall not be considered state employees. Other provisions of law relating to civil service, hours of
work, rate of compensation, sick leave, unemployment compensation, state retirement plans, and vacation leave do not
apply to the Washington conservation corps except for the
crew supervisors, who shall be project employees, and the
administrative and supervisory personnel.
(4) Enrollment shall be for a period of six months which
may be extended for additional six-month periods by mutual
agreement of the corps and the corps member, not to exceed
two years. Corps members shall be reimbursed at the minimum wage rate established by state or federal law, whichever
is higher, which may be increased by up to five percent for
each additional six-month period worked: PROVIDED, That
if agencies elect to run a residential program, the appropriate
costs for room and board shall be deducted from the corps
member's paycheck as provided in chapter 43.220 RCW.
(5) Corps members are to be available at all times for
emergency response services coordinated through the department of community, trade, and economic development or
other public agency. Duties may include sandbagging and
flood cleanup, search and rescue, and other functions in
response to emergencies. [1999 c 280 § 5; 1995 c 399 § 112;
1990 c 71 § 2; 1988 c 78 § 1; 1986 c 266 § 48. Prior: 1985 c
230 § 7; 1985 c 7 § 110; 1983 1st ex.s. c 40 § 7.]
Legislative finding—1990 c 71: "The legislature finds that the Washington conservation corps has proven to be an effective method to provide
meaningful work experience for many of the state's young persons. Because
of recent, and possible future, increases in the minimum wage laws, it is necessary to make an adjustment in the limitation that applies to corps member
reimbursements." [1990 c 71 § 1.]
Severability—1986 c 266: See note following RCW 38.52.005.
[Title 43 RCW—page 580]
43.220.080 Selection of corps members—Development of corps program. Conservation corps members shall
be selected based on their orientation towards public service,
development of job skills and productive work habits, and
character development. Special effort shall be made at the
time of initial screening to explain rigorous productivity standards and special expectations and obligations of corps membership. An employment agreement shall be entered into by
the corps member, indicating the member's understanding of,
and willingness to abide by, such standards.
In the development of the corps program, consideration
shall be given to providing corps members with a beneficial
and meaningful work experience. Standards of productivity,
behavior, and punctuality shall be developed and observed.
Consideration shall be given to the development of a program
that deserves the respect of the public, both in terms of service provided and personal development of corps members.
[1983 1st ex.s. c 40 § 8.]
43.220.080
43.220.090 Conservation corps established in department of ecology—Work project areas. (1) There is established a conservation corps within the department of ecology.
(2) Specific work project areas of the ecology conservation corps may include the following:
(a) Litter pickup as a supplement to the role of the litter
patrol established by the waste reduction, recycling, and
model litter control act, chapter 70.93 RCW;
(b) Stream rehabilitation, including trash removal, instream debris removal, and clearance of log jams and silt
accumulation, to the extent that such projects do not conflict
with similar tasks undertaken by the department of fish and
wildlife;
(c) Minimum flow field work and stream gauging;
(d) Identification of indiscriminate solid waste dump
sites;
(e) Laboratory and office assistance;
(f) General maintenance and custodial work at sewage
treatment plants;
(g) Irrigation district assistance, including ditch cleaning
and supervised work in surveying and engineering;
(h) Streambank erosion control; and
(i) Other projects as the director may determine. If a
project requires certain levels of academic training, the director may assign corps members to categories of work projects
according to educational background. If appropriate facilities
are available, the director may authorize carrying out projects
which involve overnight stays. [1994 c 264 § 33; 1983 1st
ex.s. c 40 § 9.]
43.220.090
43.220.120 Conservation corps established in department of fish and wildlife—Work project areas. (1) There
is established a conservation corps within the department of
fish and wildlife.
(2) Specific work project areas of the fish and wildlife
conservation corps may include the following:
(a) Habitat development;
(b) Land clearing;
(c) Construction projects;
(d) Noxious weed control;
(e) Brush cutting;
(f) Reader board construction;
43.220.120
(2004 Ed.)
Washington Conservation Corps
(g) Painting;
(h) Cleaning and repair of rearing ponds;
(i) Fishtrap construction;
(j) Brush clearance;
(k) Spawning channel restoration;
(l) Log removal;
(m) Nest box maintenance and cleaning;
(n) Fence building;
(o) Winter game feeding and herding;
(p) Stream rehabilitation;
(q) Fish hatchery operation and maintenance;
(r) Fish tagging; and
(s) Such other projects as the director of fish and wildlife
may determine. If appropriate facilities are available, the
director of fish and wildlife may authorize carrying out
projects which involve overnight stays. [1999 c 280 § 6;
1994 c 264 § 34; 1988 c 36 § 24; 1983 1st ex.s. c 40 § 12.]
43.220.130
43.220.130 Conservation corps established in department of natural resources—Work project areas. (1)
There is established a conservation corps within the department of natural resources.
(2) Specific work project areas of the natural resources
conservation corps may include the following:
(a) Research assistance;
(b) Recreation projects;
(c) Slash disposal;
(d) Pit site reclamation;
(e) Road deactivation;
(f) Animal damage control;
(g) Reforestation;
(h) Wood cutting;
(i) Firewood systems development;
(j) Noxious weed control;
(k) Fence construction and maintenance;
(l) Wood products manufacturing;
(m) Riparian area cleaning;
(n) Spring development for grazing;
(o) Erosion control;
(p) Control of fires; and
(q) Such other projects as the commissioner of public
lands may determine. If appropriate facilities are available,
the commissioner of public lands may authorize carrying out
projects which involve overnight stays. [1983 1st ex.s. c 40 §
13.]
43.220.160
43.220.160 Conservation corps established in state
parks and recreation commission—Work project areas.
(1) There is established a conservation corps within the state
parks and recreation commission.
(2) Specific work project areas of the state parks and recreation conservation corps may include the following:
(a) Restoration or development of park facilities;
(b) Trail construction and maintenance;
(c) Litter control;
(d) Park and land rehabilitation;
(e) Fire suppression;
(f) Road repair; and
(g) Other projects as the state parks and recreation commission may determine. If appropriate facilities are available,
(2004 Ed.)
43.220.210
the state parks and recreation commission may authorize carrying out projects which involve overnight stays. [1999 c
249 § 702; 1983 1st ex.s. c 40 § 16.]
Severability—1999 c 249: See note following RCW 79A.05.010.
43.220.170
43.220.170 Exemption from unemployment compensation coverage. The services of corps members placed with
agencies listed in RCW 43.220.020 are exempt from unemployment compensation coverage under RCW 50.44.040(5)
and the enrollees shall be so advised by the department.
[1983 1st ex.s. c 40 § 17.]
43.220.180
43.220.180 Identification of historic properties and
sites in need of rehabilitation or renovation—Use of corps
members. The state historic preservation officer shall
review the state and national registers of historic places to
identify publicly owned historic properties and sites within
the state which are in need of rehabilitation or renovation and
which could utilize parks and recreation conservation corps
members in such rehabilitation or renovation. Any such tasks
shall be performed in such a way as not to conflict with the
historic character of the structure as determined by the state
historic preservation officer.
Conservation corps members shall be made available for
tasks identified by the state historic preservation officer in the
rehabilitation and renovation of historic sites within the state.
[1983 1st ex.s. c 40 § 18.]
43.220.190
43.220.190 Duties of agencies. The agencies listed in
RCW 43.220.020 shall establish consistent work standards
and placement and evaluation procedures of corps programs.
They shall also reconcile problems that arise in the implementation of the corps programs and develop coordination
procedures for emergency responses of corps members.
[1999 c 151 § 1302; 1987 c 367 § 3; 1983 1st ex.s. c 40 § 20.]
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
43.220.210
43.220.210 Selection, review, approval, and evaluation of projects—Recruitment, job training and placement services. The agencies listed in RCW 43.220.020 shall
select, review, approve, and evaluate the success of projects
under this chapter.
Up to fifteen percent of funds spent for recruitment, job
training and placement services shall, wherever possible, be
contracted through local educational institutions and/or nonprofit corporations.
Such contracts may include, but not be limited to, general education development testing, preparation of resumes
and job search skills.
All contracts or agreements entered into by agencies
listed in RCW 43.220.020 shall be consistent with legislative
intent as set forth in this section. [1999 c 151 § 1303; 1987 c
367 § 4; 1985 c 230 § 1.]
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
[Title 43 RCW—page 581]
43.220.231
Title 43 RCW: State Government—Executive
43.220.231
43.220.231 Limitation on use of funds. (1) An amount
not to exceed five percent of the funds available for the
Washington conservation corps may be expended on agency
administrative costs. Agency administrative costs are indirect
expenses such as personnel, payroll, contract administration,
fiscal services, and other overhead costs.
(2) An amount not to exceed twenty percent of the funds
available for the Washington conservation corps may be
expended for costs included in subsection (1) of this section
and program support costs. Program support costs include,
but are not limited to, program planning, development of
reports, job and career training, uniforms and equipment, and
standard office space and utilities. Program support costs do
not include direct scheduling and supervision of corps members.
(3) A minimum of eighty percent of the funds available
for the Washington conservation corps shall be expended for
corps member salaries and benefits and for direct supervision
of corps members. [1999 c 280 § 7.]
43.220.240
43.220.240 Staff support—Administration.
Reviser's note: RCW 43.220.240 was amended by 1999 c 151 § 1304
without reference to its repeal by 1999 c 280 § 8. It has been decodified for
publication purposes under RCW 1.12.025.
43.220.250
43.220.250 Reimbursement of nonprofit corporations for certain services. A nonprofit corporation which
contracts with an agency listed in RCW 43.220.020 to provide a specific service, appropriate for the administration of
this chapter which the agency cannot otherwise provide, may
be reimbursed at the discretion of the agency for the reasonable costs the agency would absorb for providing those services. [1985 c 230 § 5.]
43.220.901
43.220.901 Severability—1983 1st ex.s. c 40. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1983 1st ex.s. c 40 § 24.]
43.220.902
43.220.902 Severability—1985 c 230. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 230 § 9.]
43.220.903
43.220.903 Severability—1987 c 367. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 367 § 6.]
43.220.904
43.220.904 Effective date—1999 c 280. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[May 13, 1999]. [1999 c 280 § 9.]
[Title 43 RCW—page 582]
Chapter 43.235
Chapter 43.235 RCW
DOMESTIC VIOLENCE FATALITY
REVIEW PANELS
Sections
43.235.010
43.235.020
43.235.030
43.235.040
43.235.050
43.235.060
43.235.800
43.235.900
Definitions.
Coordination of review—Authority of coordinating entity—
Regional domestic violence review panels—Citizen
requests.
Domestic violence review panels—Composition—Reports.
Confidentiality—Access to information.
Immunity from liability.
Data collection and analysis.
Statewide report.
Conflict with federal requirements—2000 c 50.
43.235.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of social and
health services.
(2) "Domestic violence fatality" means a homicide or
suicide under any of the following circumstances:
(a) The alleged perpetrator and victim resided together at
any time;
(b) The alleged perpetrator and victim have a child in
common;
(c) The alleged perpetrator and victim were married,
divorced, separated, or had a dating relationship;
(d) The alleged perpetrator had been stalking the victim;
(e) The homicide victim lived in the same household,
was present at the workplace of, was in proximity of, or was
related by blood or affinity to a victim who experienced or
was threatened with domestic abuse by the alleged perpetrator; or
(f) The victim or perpetrator was a child of a person in a
relationship that is described within this subsection.
This subsection should be interpreted broadly to give the
domestic violence fatality review panels discretion to review
fatalities that have occurred directly to domestic relationships. [2000 c 50 § 1.]
43.235.010
43.235.020 Coordination of review—Authority of
coordinating entity—Regional domestic violence review
panels—Citizen requests. (1) Subject to the availability of
state funds, the department shall contract with an entity with
expertise in domestic violence policy and education and with
a statewide perspective to coordinate review of domestic violence fatalities. The coordinating entity shall be authorized
to:
(a) Convene regional review panels;
(b) Gather information for use of regional review panels;
(c) Provide training and technical assistance to regional
review panels;
(d) Compile information and issue biennial reports with
recommendations; and
(e) Establish a protocol that may be used as a guideline
for identifying domestic violence related fatalities, forming
review panels, convening reviews, and selecting which cases
to review. The coordinating entity may also establish protocols for data collection and preservation of confidentiality.
(2)(a) The coordinating entity may convene a regional
domestic violence fatality review panel to review any domestic violence fatality.
43.235.020
(2004 Ed.)
Domestic Violence Fatality Review Panels
(b) Private citizens may request a review of a particular
death by submitting a written request to the coordinating
entity within two years of the death. Of these, the appropriate
regional review panel may review those cases which fit the
criteria set forth in the protocol for the project. [2000 c 50 §
2.]
43.235.030
43.235.030 Domestic violence review panels—Composition—Reports. (1) Regional domestic violence fatality
review panels shall include but not be limited to:
(a) Medical personnel with expertise in domestic violence abuse;
(b) Coroners or medical examiners or others experienced
in the field of forensic pathology, if available;
(c) County prosecuting attorneys and municipal attorneys;
(d) Domestic violence shelter service staff and domestic
violence victims' advocates;
(e) Law enforcement personnel;
(f) Local health department staff;
(g) Child protective services workers;
(h) Community corrections professionals;
(i) Perpetrator treatment program provider; and
(j) Judges, court administrators, and/or their representatives.
(2) Regional domestic violence fatality review panels
may also invite other relevant persons to serve on an ad hoc
basis and participate as full members of the review team
[panel] for a particular review. These persons may include,
but are not limited to:
(a) Individuals with particular expertise helpful to the
regional review panel;
(b) Representatives of organizations or agencies that had
contact with or provided services to the homicide victim or to
the alleged perpetrator.
(3) The regional review panels shall make periodic
reports to the coordinating entity and shall make a final report
to the coordinating entity with regard to every fatality that is
reviewed. [2000 c 50 § 3.]
43.235.900
medical examiners; mental health providers; lawyers; the
state and local governments; the courts; and employers. The
coordinating entity and the regional review panels shall
maintain the confidentiality of such information to the extent
required by any applicable law.
(3) The regional review panels shall review, only to the
extent otherwise permitted by law or court rule when determined to be relevant and necessary to an investigation, guardian ad litem reports, parenting evaluations, and victim impact
statements; probation information; mental health evaluations
done for court; presentence interviews and reports, and any
recommendations made regarding bail and release on own
recognizance; child protection services, welfare, and other
information held by the department; any law enforcement
incident documentation, such as incident reports, dispatch
records, victim, witness, and suspect statements, and any supplemental reports, probable cause statements, and 911 call
taker's reports; corrections and postsentence supervision
reports; and any other information determined to be relevant
to the review. The coordinating entity and the regional review
panels shall maintain the confidentiality of such information
to the extent required by any applicable law. [2000 c 50 § 4.]
43.235.050
43.235.050 Immunity from liability. If acting in good
faith, without malice, and within the parameters of this chapter and the protocols established, representatives of the coordinating entity and the regional domestic violence fatality
review panels are immune from civil liability for an activity
related to reviews of particular fatalities. [2000 c 50 § 5.]
43.235.060
43.235.060 Data collection and analysis. Within available funds, data regarding each domestic violence fatality
review shall be collected on standard forms created by the
coordinating entity. Data collected on reviewed fatalities
shall be compiled and analyzed for the purposes of identifying points at which the system response to domestic violence
could be improved and identifying patterns in domestic violence fatalities. [2000 c 50 § 6.]
43.235.800
43.235.040
43.235.040 Confidentiality—Access to information.
(1) An oral or written communication or a document shared
within or produced by a regional domestic violence fatality
review panel related to a domestic violence fatality review is
confidential and not subject to disclosure or discoverable by
a third party. An oral or written communication or a document provided by a third party to a regional domestic violence fatality review panel, or between a third party and a
regional domestic violence fatality review panel is confidential and not subject to disclosure or discovery by a third party.
Notwithstanding the foregoing, recommendations from the
regional domestic violence fatality review panel and the
coordinating entity generally may be disclosed minus personal identifiers.
(2) The regional review panels, only to the extent otherwise permitted by law or court rule, shall have access to
information and records regarding the domestic violence victims and perpetrators under review held by domestic violence
perpetrators' treatment providers; dental care providers; hospitals, medical providers, and pathologists; coroners and
(2004 Ed.)
43.235.800 Statewide report. (1) A biennial statewide
report shall be issued by the coordinating entity in December
of even-numbered years containing recommendations on policy changes that would improve program performance, and
issues identified through the work of the regional panels.
Copies of this report shall be distributed to the governor, the
house of representatives children and family services and
criminal justice and corrections committees, and the senate
human services and corrections and judiciary committees and
to those agencies involved in the regional domestic violence
fatality review panels.
(2) The annual report in December 2010 shall contain a
recommendation as to whether or not the domestic violence
review process provided for in this chapter should continue
or be terminated by the legislature. [2000 c 50 § 7.]
43.235.900
43.235.900 Conflict with federal requirements—
2000 c 50. If any part of this act is found to be in conflict with
federal requirements that are a prescribed condition to the
allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and
[Title 43 RCW—page 583]
Chapter 43.250
Title 43 RCW: State Government—Executive
with respect to the agencies directly affected, and this finding
does not affect the operation of the remainder of this act in its
application to the agencies concerned. Rules adopted under
this act must meet federal requirements that are a necessary
condition to the receipt of federal funds by the state. [2000 c
50 § 9.]
Chapter 43.250 RCW
INVESTMENT OF LOCAL GOVERNMENT FUNDS
Chapter 43.250
Sections
43.250.010
43.250.020
43.250.030
43.250.040
43.250.050
43.250.060
43.250.070
43.250.080
43.250.090
Purpose.
Definitions.
Public funds investment account.
Authority of official to place funds in the public funds investment account—Investment of funds by state treasurer—
Degree of judgment and care required.
Employment of personnel.
Investment pool—Generally.
Investment pool—Separate accounts for participants—
Monthly status report.
Annual summary of activity.
Administration of chapter—Rules.
Investment accounting: RCW 43.33A.180.
43.250.010
43.250.010 Purpose. The purpose of this chapter is to
enable political subdivisions, community and technical college districts, the state board for community and technical
colleges as established in chapter 28B.50 RCW, and public
four-year institutions of higher education to participate with
the state in providing maximum opportunities for the investment of surplus public funds consistent with the safety and
protection of such funds. The legislature finds and declares
that the public interest is found in providing maximum prudent investment of surplus funds, thereby reducing the need
for additional taxation. The legislature also recognizes that
not all political subdivisions are able to maximize the return
on their temporary surplus funds. The legislature therefore
provides in this chapter a mechanism whereby political subdivisions, community and technical colleges, the state board
for community and technical colleges, and public four-year
institutions of higher education may, at their option, utilize
the resources of the state treasurer's office to maximize the
potential of surplus funds while ensuring the safety of public
funds. [2001 c 31 § 1; 1996 c 268 § 1; 1986 c 294 § 1.]
43.250.020
43.250.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section shall apply
throughout this chapter.
(1) "Public funds investment account" or "investment
pool" means the aggregate of all funds as defined in subsection (5) of this section that are placed in the custody of the
state treasurer for investment and reinvestment.
(2) "Political subdivision" means any county, city, town,
municipal corporation, political subdivision, or special purpose taxing district in the state.
(3) "Local government official" means any officer or
employee of a political subdivision who has been designated
by statute or by local charter, ordinance, or resolution as the
officer having the authority to invest the funds of the political
subdivision. However, the county treasurer shall be deemed
the only local government official for all political subdivi[Title 43 RCW—page 584]
sions for which the county treasurer has exclusive statutory
authority to invest the funds thereof.
(4) "Financial officer" means the board-appointed treasurer of a community or technical college district, the state
board for community and technical colleges, or a public fouryear institution of higher education.
(5) "Funds" means:
(a) Public funds under the control of or in the custody of
any local government official or local funds, as defined by
the office of financial management publication "Policies,
Regulations and Procedures," under the control of or in the
custody of a financial officer by virtue of the official's authority that are not immediately required to meet current
demands;
(b) State funds deposited in the investment pool by the
state treasurer that are the proceeds of bonds, notes, or other
evidences of indebtedness authorized by the state finance
committee under chapter 39.42 RCW or payments pursuant
to financing contracts under chapter 39.94 RCW, when the
investments are made in order to comply with the Internal
Revenue Code of 1986, as amended. [2001 c 31 § 2; 1996 c
268 § 2; 1990 c 106 § 1; 1986 c 294 § 2.]
43.250.030
43.250.030 Public funds investment account. There is
created a trust fund to be known as the public funds investment account. The account is to be separately accounted for
and invested by the state treasurer. All moneys remitted
under this chapter shall be deposited in this account. All earnings on any balances in the public funds investment account,
less moneys for administration pursuant to RCW 43.250.060,
shall be credited to the public funds investment account.
[1991 sp.s. c 13 § 86; 1990 c 106 § 2; 1986 c 294 § 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
43.250.040
43.250.040 Authority of official to place funds in the
public funds investment account—Investment of funds by
state treasurer—Degree of judgment and care required.
If authorized by statute, local ordinance, or resolution, a local
government official or financial officer or his or her designee
may place funds into the public funds investment account for
investment and reinvestment by the state treasurer in those
securities and investments set forth in RCW 43.84.080 and
chapter 39.58 RCW. The state treasurer shall invest the funds
in such manner as to effectively maximize the yield to the
investment pool. In investing and reinvesting moneys in the
public funds investment account and in acquiring, retaining,
managing, and disposing of investments of the investment
pool, there shall be exercised the judgment and care under the
circumstances then prevailing which persons of prudence,
discretion, and intelligence exercise in the management of
their own affairs, not in regard to speculation but in regard to
the permanent disposition of the funds considering the probable income as well as the probable safety of the capital.
[2001 c 31 § 3; 1996 c 268 § 3; 1986 c 294 § 4.]
43.250.050
43.250.050 Employment of personnel. The state treasurer's office is authorized to employ such personnel as are
necessary to administer the public funds investment account.
The bond of the state treasurer as required by law shall be
(2004 Ed.)
Community Mobilization Against Substance Abuse
made to include the faithful performance of all functions
relating to the investment pool. [1986 c 294 § 5.]
43.250.060
43.250.060 Investment pool—Generally. The state
treasurer shall by rule prescribe the time periods for investments in the investment pool and the procedure for withdrawal of funds from the investment pool. The state treasurer
shall promulgate such other rules as are deemed necessary for
the efficient operation of the investment pool. The rules shall
also provide for the administrative expenses of the investment pool, including repayment of the initial administrative
costs financed out of the appropriation included in chapter
294, Laws of 1986, to be paid from the pool's earnings and
for the interest earnings in excess of the expenses to be credited or paid to participants in the pool. The state treasurer may
deduct the amounts necessary to reimburse the treasurer's
office for the actual expenses the office incurs and to repay
any funds appropriated and expended for the initial administrative costs of the pool. Any credits or payments to the participants shall be calculated and made in a manner which
equitably reflects the differing amounts of the participants'
respective deposits in the investment pool fund and the differing periods of time for which the amounts were placed in
the investment pool. [1990 c 106 § 3; 1986 c 294 § 6.]
43.270.020
43.270.010
43.270.010 Intent. The legislature recognizes that
statewide efforts aimed at reducing the incidence of substance abuse, including alcohol, tobacco, or other drug abuse,
or violence must be increased. The legislature further recognizes that the most effective strategy for reducing the impact
of alcohol, tobacco, other drug abuse, and violence is through
the collaborative efforts of educators, law enforcement, local
government officials, local treatment providers, and concerned community and citizens' groups.
The legislature intends to support the development and
activities of community mobilization strategies against alcohol, tobacco, or other drug abuse, and violence, through the
following efforts:
(1) Providing funding support for prevention, treatment,
and enforcement activities identified by communities that
have brought together education, treatment, local government, law enforcement, and other key elements of the community;
(2) Providing technical assistance and support to help
communities develop and carry out effective activities; and
(3) Providing communities with opportunities to share
suggestions for state program operations and budget priorities. [2001 c 48 § 1; 1989 c 271 § 315.]
43.270.020
43.250.070
43.250.070 Investment pool—Separate accounts for
participants—Monthly status report. The state treasurer
shall keep a separate account for each participant having
funds in the investment pool. Each separate account shall
record the individual amounts deposited in the investment
pool, the date of withdrawals, and the earnings credited or
paid. The state treasurer shall report monthly the status of the
respective account to each participant having funds in the
pool during the previous month. [1990 c 106 § 4; 1986 c 294
§ 7.]
43.250.080
43.250.080 Annual summary of activity. At the end of
each fiscal year, the state treasurer shall submit to the governor, the state auditor, and the joint legislative audit and
review committee a summary of the activity of the investment pool. The summary shall indicate the quantity of funds
deposited; the earnings of the pool; the investments purchased, sold, or exchanged; the administrative expenses of
the investment pool; and such other information as the state
treasurer deems relevant. [1996 c 288 § 48; 1986 c 294 § 8.]
43.250.090
43.250.090 Administration of chapter—Rules. The
state finance committee shall administer this chapter and
adopt appropriate rules. [1986 c 294 § 9.]
Chapter 43.270 RCW
COMMUNITY MOBILIZATION AGAINST
SUBSTANCE ABUSE
Chapter 43.270
Sections
43.270.010
43.270.020
43.270.040
43.270.070
43.270.080
43.270.900
(2004 Ed.)
Intent.
Grant program—Application—Activities funded.
Coordinated strategies.
Community suggestions.
Gifts, grants, and endowments.
Severability—1989 c 271.
43.270.020 Grant program—Application—Activities
funded. (1) There is established in the department of community, trade, and economic development a grant program to
provide incentive for and support for communities to develop
targeted and coordinated strategies to reduce the incidence
and impact of alcohol, tobacco, or other drug abuse, or violence.
(2) The department of community, trade, and economic
development shall make awards, subject to funds appropriated by the legislature, under the following terms:
(a) Starting July 1, 2001, funds will be available to countywide programs through a formula developed by the department of community, trade, and economic development in
consultation with program contractors, which will take into
consideration county population size.
(b) In order to be eligible for consideration, applicants
must demonstrate, at a minimum:
(i) That the community has developed and is committed
to carrying out a coordinated strategy of prevention, treatment, and law enforcement activities;
(ii) That the community has considered research-based
theory when developing its strategy;
(iii) That proposals submitted for funding are based on a
local assessment of need and address specific objectives contained in a coordinated strategy of prevention, treatment, and
law enforcement against alcohol, tobacco, or other drug
abuse, or violence;
(iv) Evidence of active participation in preparation of the
proposal and specific commitments to implementing the
community-wide agenda by leadership from education, law
enforcement, local government, tribal government, and treatment entities in the community, and the opportunity for
meaningful involvement from others such as neighborhood
and citizen groups, businesses, human service, health and job
training organizations, and other key elements of the community, particularly those whose responsibilities in law enforcement, treatment, prevention, education, or other community
[Title 43 RCW—page 585]
43.270.040
Title 43 RCW: State Government—Executive
efforts provide direct, ongoing contact with substance abusers or those who exhibit violent behavior, or those at risk for
alcohol, tobacco, or other drug abuse, or violent behavior;
(v) Evidence of additional local resources committed to
the applicant's strategy totaling at least twenty-five percent of
funds awarded under this section. These resources may consist of public or private funds, donated goods or services, and
other measurable commitments, including in-kind contributions such as volunteer services, materials, supplies, physical
facilities, or a combination thereof; and
(vi) That the funds applied for, if received, will not be
used to replace funding for existing activities.
(c) At a minimum, grant applications must include the
following:
(i) A definition of geographic area;
(ii) A needs assessment describing the extent and impact
of alcohol, tobacco, or other drug abuse, and violence in the
community, including an explanation of those who are most
severely impacted and those most at risk of substance abuse
or violent behavior;
(iii) An explanation of the community-wide strategy for
prevention, treatment, and law enforcement activities related
to alcohol, tobacco, or other drug abuse, or violence, with
particular attention to those who are most severely impacted
and/or those most at risk of alcohol, tobacco, or other drug
abuse, or violent behavior;
(iv) An explanation of who was involved in development
of the strategy and what specific commitments have been
made to carry it out;
(v) Identification of existing prevention, education, treatment, and law enforcement resources committed by the applicant, including financial and other support, and an explanation of how the applicant's strategy involves and builds on the
efforts of existing organizations or coalitions that have been
carrying out community efforts against alcohol, tobacco, or
other drug abuse, or violence;
(vi) Identification of activities that address specific
objectives in the strategy for which additional resources are
needed;
(vii) Identification of additional local resources, including public or private funds, donated goods or services, and
other measurable commitments, that have been committed to
the activities identified in (c)(vi) of this subsection;
(viii) Identification of activities that address specific
objectives in the strategy for which funding is requested;
(ix) For each activity for which funding is requested, an
explanation in sufficient detail to demonstrate:
(A) Feasibility through deliberative design, specific
objectives, and a realistic plan for implementation;
(B) A rationale for how this activity will achieve measurable results and how it will be evaluated;
(C) That funds requested are necessary and appropriate
to effectively carry out the activity; and
(x) Identification of a contracting agent meeting state
requirements for each activity proposed for funding.
Each contracting agent must execute a written agreement
with its local community mobilization advisory board that
reflects the duties and powers of each party.
(3) Activities that may be funded through this grant program include those that:
[Title 43 RCW—page 586]
(a) Prevent alcohol, tobacco, or other drug abuse, or violence through educational efforts, development of positive
alternatives, intervention with high-risk groups, and other
prevention strategies;
(b) Support effective treatment by increasing access to
and availability of treatment opportunities, particularly for
underserved or highly impacted populations, developing
aftercare and support mechanisms, and other strategies to
increase the availability and effectiveness of treatment;
(c) Provide meaningful consequences for participation in
illegal activity and promote safe and healthy communities
through support of law enforcement strategies;
(d) Create or build on efforts by existing community programs, coordinate their efforts, and develop cooperative
efforts or other initiatives to make most effective use of
resources to carry out the community's strategy against alcohol, tobacco, or other drug abuse, or violence; and
(e) Other activities that demonstrate both feasibility and
a rationale for how the activity will achieve measurable
results in the strategy against alcohol, tobacco, or other drug
abuse, or violence. [2001 c 48 § 2; 1989 c 271 § 316.]
43.270.040
43.270.040 Coordinated strategies. This grant program will be available to communities of any geographic size
but will encourage and reward communities which develop
coordinated or complimentary strategies within geographic
areas such as county areas or groups of county areas which
correspond to units of government with significant responsibilities in the area of substance abuse, existing coalitions, or
other entities important to the success of a community's strategy against substance abuse. [1989 c 271 § 318.]
43.270.070
43.270.070 Community suggestions. The department
of community, trade, and economic development shall ask
communities for suggestions on state practices, policies, and
priorities that would help communities implement their strategies against alcohol, tobacco, or other drug abuse, or violence. The department of community, trade, and economic
development shall review and respond to those suggestions
making necessary changes where feasible, making recommendations to the legislature where appropriate, and providing an explanation as to why suggested changes cannot be
accomplished, if the suggestions cannot be acted upon.
[2001 c 48 § 3; 1989 c 271 § 321.]
43.270.080
43.270.080 Gifts, grants, and endowments. The
department of community, trade, and economic development
may receive such gifts, grants, and endowments from public
or private sources as may be made from time to time, in trust
or otherwise, for the use and benefit of the purposes of RCW
43.270.010 through 43.270.080 and expend the same or any
income therefrom according to the terms of the gifts, grants,
or endowments. [2001 c 48 § 4; 1989 c 271 § 322.]
43.270.900
43.270.900 Severability—1989 c 271.
lowing RCW 9.94A.510.
See note fol(2004 Ed.)
Community Treatment Services for Victims of Sex Offenders
Chapter 43.280 RCW
COMMUNITY TREATMENT SERVICES FOR
VICTIMS OF SEX OFFENDERS
Chapter 43.280
Sections
43.280.010
43.280.011
43.280.020
43.280.030
43.280.040
43.280.050
43.280.060
43.280.070
43.280.080
43.280.081
43.280.090
43.280.900
43.280.901
43.280.902
Intent.
Intent, approval of committee recommendations, distribution
of services—1996 c 123.
Grant program—Funding.
Applications.
Organizations eligible.
Applications—Minimum requirements.
Awarding of grants—Peer review committee.
Gifts, grants, and endowments.
Office of crime victims advocacy.
Office of crime victims advocacy—Reports on penalty assessments collection and use of funds for assistance to victims
and witnesses of crime.
Office of crime victims advocacy—Ad hoc advisory committees.
Index, part headings not law—1990 c 3.
Severability—1990 c 3.
Effective dates—Application—1990 c 3.
43.280.010
43.280.010 Intent. The legislature recognizes the need
to increase the services available to the victims of sex offenders. The legislature also recognizes that these services are
most effectively planned and provided at the local level
through the combined efforts of concerned community and
citizens groups, treatment providers, and local government
officials. The legislature further recognizes that adequate
treatment for victims is not only a matter of justice for the
victim, but also a method by which additional abuse can be
prevented.
The legislature intends to enhance the community-based
treatment services available to the victims of sex offenders
by:
(1) Providing consolidated funding support for local
treatment programs which provide services to victims of sex
offenders;
(2) Providing technical assistance and support to help
communities plan for and provide treatment services;
(3) Providing sexual assault services with a victimfocused mission, and consistent standards, policies, and contracting and reporting requirements; and
(4) Providing communities and local treatment providers
with opportunities to share information about successful prevention and treatment programs. [1996 c 123 § 2; 1990 c 3 §
1201.]
Effective date—1996 c 123: "This act shall take effect July 1, 1996."
[1996 c 123 § 11.]
43.280.011 Intent, approval of committee recommendations, distribution of services—1996 c 123. The Washington state sexual assault services advisory committee
issued a report to the department of community, trade, and
economic development and the department of social and
health services in June of 1995. The committee made several
recommendations to improve the delivery of services to victims of sexual abuse and assault: (1) Consolidate the administration and funding of sexual assault and abuse services in
one agency instead of splitting those functions between the
department of social and health services and the department
of community, trade, and economic development; (2) adopt a
funding allocation plan to pool all funds for sexual assault
services and to distribute them across the state to ensure the
43.280.011
(2004 Ed.)
43.280.040
delivery of core and specialized services; (3) establish service, data collection, and management standards and outcome measurements for recipients of grants; and (4) create a
data collection system to gather pertinent data concerning the
delivery of sexual assault services to victims.
The legislature approves the recommendations of the
advisory committee and consolidates the functions and funding for sexual assault services in the department of community, trade, and economic development to implement the
advisory committee's recommendations.
The legislature does not intend to effect a reduction in
service levels within available funding by transferring department of social and health services' powers and duties to the
department of community, trade, and economic development.
At a minimum, the department of community, trade, and economic development shall distribute the same percentage of
the services it provides victims of sexual assault and abuse,
pursuant to RCW 43.280.020, 70.125.080, and 74.14B.060,
to children as were distributed to children through these programs in fiscal year 1996. [1996 c 123 § 1.]
Effective date—1996 c 123: See note following RCW 43.280.010.
43.280.020
43.280.020 Grant program—Funding. There is established in the department of community, trade, and economic
development a grant program to enhance the funding for
treating the victims of sex offenders. Activities that can be
funded through this grant program are limited to those that:
(1) Provide effective treatment to victims of sex offenders;
(2) Increase access to and availability of treatment for
victims of sex offenders, particularly if from underserved
populations; and
(3) Create or build on efforts by existing community programs, coordinate those efforts, or develop cooperative
efforts or other initiatives to make the most effective use of
resources to provide treatment services to these victims.
Funding shall be given to those applicants that emphasize providing stable, victim-focused sexual abuse services
and possess the qualifications to provide core services, as
defined in RCW 70.125.030. Funds for specialized services,
as defined in RCW 70.125.030, shall be disbursed through
the request for proposal or request for qualifications process.
[1996 c 123 § 3; 1995 c 399 § 113; 1990 c 3 § 1203.]
Effective date—1996 c 123: See note following RCW 43.280.010.
43.280.030
43.280.030 Applications. Applications for funding
under this chapter must:
(1) Present evidence demonstrating how the criteria in
RCW 43.280.010 will be met and demonstrating the effectiveness of the proposal.
(2) Contain evidence of active participation of the community and its commitment to providing an effective treatment service for victims of sex offenders through the participation of local governments, tribal governments, human service and health organizations, and treatment entities and
through meaningful involvement from others, including citizen groups. [1990 c 3 § 1204.]
43.280.040
43.280.040 Organizations eligible. Local governments, nonprofit community groups, and nonprofit treatment
[Title 43 RCW—page 587]
43.280.050
Title 43 RCW: State Government—Executive
providers including organizations which provide services,
such as emergency housing, counseling, and crisis intervention shall, among others, be eligible for grants under the program established in RCW 43.280.020. [1990 c 3 § 1205.]
43.280.050
43.280.050 Applications—Minimum requirements.
At a minimum, grant applications must include the following:
(1) The geographic area from which the victims to be
served are expected to come;
(2) A description of the extent and effect of the needs of
these victims within the relevant geographic area;
(3) An explanation of how the funds will be used, their
relationship to existing services available within the community, and the need that they will fulfill;
(4) An explanation of what organizations were involved
in the development of the proposal;
(5) Documentation of capacity to provide core and specialized services, as defined in RCW 70.125.030, provided
by the applicant, how the applicant intends to comply with
service, data collection, and management standards established by the department; and
(6) An evaluation methodology. [1996 c 123 § 4; 1990 c
3 § 1206.]
Effective date—1996 c 123: See note following RCW 43.280.010.
43.280.060
43.280.060 Awarding of grants—Peer review committee. (1) Subject to funds appropriated by the legislature,
the department of community, trade, and economic development shall make awards under the grant program established
by RCW 43.280.020.
(2) To aid the department of community, trade, and economic development in making its funding determinations, the
department shall form a peer review committee comprised of
individuals who are knowledgeable or experienced in the
management or delivery of treatment services to victims of
sex offenders. The peer review committee shall advise the
department on the extent to which each eligible applicant
meets the treatment and management standards, as developed
by the department. The department shall consider this advice
in making awards.
(3) Activities funded under this section may be considered for funding in future years, but shall be considered under
the same terms and criteria as new activities. Funding under
this chapter shall not constitute an obligation by the state of
Washington to provide ongoing funding. [1996 c 123 § 5;
1995 c 399 § 114; 1990 c 3 § 1207.]
Effective date—1996 c 123: See note following RCW 43.280.010.
43.280.070
43.280.070 Gifts, grants, and endowments. The
department of community, trade, and economic development
may receive such gifts, grants, and endowments from public
or private sources as may be made from time to time, in trust
or otherwise, for the use and benefit of the purposes of this
chapter and expend the same or any income therefrom
according to the terms of the gifts, grants, or endowments.
[1995 c 399 § 115; 1990 c 3 § 1208.]
43.280.080
43.280.080 Office of crime victims advocacy. The
office of crime victims advocacy is established in the depart[Title 43 RCW—page 588]
ment of community, trade, and economic development. The
office shall assist communities in planning and implementing
services for crime victims, advocate on behalf of crime victims in obtaining needed services and resources, and advise
local and state governments on practices, policies, and priorities that impact crime victims. In addition, the office shall
administer grant programs for sexual assault treatment and
prevention services, as authorized in this chapter. [1995 c
241 § 1.]
43.280.081
43.280.081 Office of crime victims advocacy—
Reports on penalty assessments collection and use of
funds for assistance to victims and witnesses of crime.
The office of crime victims advocacy shall report to the legislature on December 31, 1999, December 31, 2002, and
December 31, 2005, regarding the collection of penalty
assessments under chapter 122, Laws of 1996 and the use of
collected funds to provide assistance to victims and witnesses
of crime. [1996 c 122 § 3.]
43.280.090
43.280.090 Office of crime victims advocacy—Ad
hoc advisory committees. The director of the department of
community, trade, and economic development may establish
ad hoc advisory committees, as necessary, to obtain advice
and guidance regarding the office of crime victims advocacy
program. [1995 c 269 § 2102.]
Reviser's note: 1995 c 269 directed that this section be added to chapter 43.63A RCW. This section has been codified in chapter 43.280 RCW,
which relates more directly to the office of crime victims advocacy.
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
43.280.900
43.280.900 Index, part headings not law—1990 c 3.
See RCW 18.155.900.
43.280.901
43.280.901 Severability—1990 c 3.
18.155.901.
See RCW
43.280.902
43.280.902 Effective dates—Application—1990 c 3.
See RCW 18.155.902.
Chapter 43.290 RCW
OFFICE OF INTERNATIONAL RELATIONS
AND PROTOCOL
Chapter 43.290
Sections
43.290.005
43.290.010
43.290.020
43.290.900
Finding—Purpose.
Office created.
Authority of office.
Effective date—1991 c 24.
43.290.005
43.290.005 Finding—Purpose. The legislature finds
that it is in the public interest to create an office of international relations and protocol in order to: Make international
relations and protocol a broad-based, focused, and functional
part of state government; develop and promote state policies
that increase international literacy and cross-cultural understanding among Washington state's citizens; expand Washington state's international cooperation role in such areas as
the environment, education, science, culture, and sports;
(2004 Ed.)
Department of Fish and Wildlife
establish coordinated methods for responding to the increasing number of inquiries by foreign governments and institutions seeking cooperative activities within Washington state;
provide leadership in state government on international relations and assistance to the legislature and state elected officials on international issues affecting the state; assist with
multistate international efforts; and coordinate and improve
communication and resource sharing among various state
offices, agencies, and educational institutions with international programs.
It is the purpose of this chapter to bring these functions
together in a new office under the office of the governor in
order to establish a visible, coordinated, and comprehensive
approach to international relations and protocol. [1991 c 24
§ 1.]
Transfer of authority—1991 c 24: "All powers, duties, and functions
of the office of international relations and protocol in the department of trade
and economic development are transferred to the office of international relations and protocol under the office of the governor." [1991 c 24 § 8.]
43.290.010
43.290.010 Office created. The office of international
relations and protocol is created under the office of the governor. The office shall serve as the state's official liaison and
protocol office with foreign governments. The governor shall
appoint a director of the office of international relations and
protocol, who shall serve at the pleasure of the governor.
Because of the diplomatic character of this office, the director
and staff will be exempt from the provisions of chapter 41.06
RCW. The director will be paid a salary to be fixed by the
governor in accordance with the provisions of RCW
43.03.040. The director may hire such personnel as may be
necessary for the general administration of the office. To the
extent permitted by law, state agencies may temporarily loan
staff to the office of international relations and protocol to
assist in carrying out the office's duties and responsibilities
under this chapter. An arrangement to temporarily loan staff
must have the approval of the staff members to be loaned and
the directors of the office and the agencies involved in the
loan. [1991 c 24 § 2.]
43.290.020
43.290.020 Authority of office. The office of international relations and protocol may:
(1) Create temporary advisory committees as necessary
to deal with specific international issues. Advisory committee representation may include external organizations such as
the Seattle consular corps, world affairs councils, public
ports, world trade organizations, private nonprofit organizations dealing with international education or international
environmental issues, organizations concerned with international understanding, businesses with experience in international relations, or other organizations deemed appropriate by
the director.
(2) Accept or request grants or gifts from citizens and
other private sources to be used to defray the costs of appropriate hosting of foreign dignitaries, including appropriate
gift-giving and reciprocal gift-giving, or other activities of
the office. The office shall open and maintain a bank account
into which it shall deposit all money received under this subsection. Such money and the interest accruing thereon shall
not constitute public funds, shall be kept segregated and apart
from funds of the state, and shall not be subject to appropria(2004 Ed.)
43.300.040
tion or allotment by the state or subject to chapter 43.88
RCW. [1991 c 24 § 4.]
43.290.900
43.290.900 Effective date—1991 c 24. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1991.
[1991 c 24 § 15.]
Chapter 43.300 RCW
DEPARTMENT OF FISH AND WILDLIFE
Chapter 43.300
Sections
43.300.005
43.300.010
43.300.020
43.300.040
43.300.050
43.300.060
43.300.070
43.300.080
43.300.900
43.300.901
Purpose.
Department created—Transfer of powers, duties, and functions.
Definitions.
Director's duties.
Exempt positions.
Enforcement in accordance with RCW 43.05.100 and
43.05.110.
Exchange of tidelands with private or public landowners.
Cost-reimbursement agreements.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79.
Severability—1993 sp.s. c 2.
43.300.005
43.300.005 Purpose. Perpetuation of fish and wildlife
in Washington requires clear, efficient, streamlined, scientific, management from a single state fish and wildlife
agency. Such a consolidation will focus existing funds for the
greatest protection of species and stocks. It will bring combined resources to bear on securing, managing, and enhancing habitats. It will simplify licensing, amplify research,
increase field staff, avoid duplication, and magnify enforcement of laws and rules. It will provide all fishers, hunters, and
observers of fish and wildlife with a single source of consistent policies, procedures, and access. [1993 sp.s. c 2 § 1.]
43.300.010
43.300.010 Department created—Transfer of powers, duties, and functions. There is hereby created a department of state government to be known as the department of
fish and wildlife. The department shall be vested with all
powers and duties transferred to it under this chapter and such
other powers and duties as may be authorized by law. All
powers, duties, and functions of the department of fisheries
and the department of wildlife are transferred to the department of fish and wildlife. All references in the Revised Code
of Washington to the director or the department of fisheries
or the director or department of wildlife shall be construed to
mean the director or department of fish and wildlife. [1993
sp.s. c 2 § 2.]
43.300.020 Definitions. As used in this chapter, unless
the context indicates otherwise:
(1) "Department" means the department of fish and wildlife.
(2) "Director" means the director of fish and wildlife.
(3) "Commission" means the fish and wildlife commission. [1993 sp.s. c 2 § 3.]
43.300.020
43.300.040
43.300.040 Director's duties. In addition to other powers and duties granted or transferred to the director, the commission may delegate to the director any of the powers and
[Title 43 RCW—page 589]
43.300.050
Title 43 RCW: State Government—Executive
duties vested in the commission. [1996 c 267 § 33; 1993 sp.s.
c 2 § 5.]
Intent—Effective date—1996 c 267: See notes following RCW
77.12.177.
43.300.050 Exempt positions. The director shall
appoint such deputy directors, assistant directors, and up to
seven special assistants as may be needed to administer the
department. These employees are exempt from the provisions
of chapter 41.06 RCW. [1993 sp.s. c 2 § 6.]
43.300.050
43.300.060 Enforcement in accordance with RCW
43.05.100 and 43.05.110. Enforcement action taken after
July 23, 1995, by the director or the department shall be in
accordance with RCW 43.05.100 and 43.05.110. [1995 c 403
§ 627.]
43.300.060
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
43.300.070 Exchange of tidelands with private or
public landowners. (1) The department of fish and wildlife
may exchange the tidelands and shorelands it manages with
private or public landowners if the exchange is in the public
interest.
(2) As used in this section, an exchange of tidelands and
shorelands is in the public interest if the exchange would provide significant fish and wildlife habitat or public access to
the state's waterways. [1997 c 209 § 3.]
43.300.070
Finding—1997 c 209: "The legislature finds that the department of fish
and wildlife manages a large amount of public land and that the department
may have opportunities to improve the quality of its land holdings by participating in an exchange with private landowners or other public entities. The
legislature declares that it is in the public interest to allow the department to
exchange land with private landowners or with public entities if the
exchange would provide significant fish and wildlife habitat or public access
to the state's waterways." [1997 c 209 § 1.]
Effective date—1997 c 209: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 25, 1997]." [1997 c 209 § 4.]
43.300.080 Cost-reimbursement agreements. (1) The
department may enter into a written cost-reimbursement
agreement with a permit applicant to recover from the applicant the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the
requirements of other relevant laws, as they relate to permit
coordination, environmental review, application review,
technical studies, and permit processing. The cost-reimbursement agreement shall identify the specific tasks, costs,
and schedule for work to be conducted under the agreement.
(2) The written cost-reimbursement agreement shall be
negotiated with the permit applicant. Under the provisions of
a cost-reimbursement agreement, funds from the applicant
shall be used by the department to contract with an independent consultant to carry out the work covered by the costreimbursement agreement. The department may also use
funds provided under a cost-reimbursement agreement to
assign current staff to review the work of the consultant, to
provide necessary technical assistance when an independent
consultant with comparable technical skills is unavailable,
and to recover reasonable and necessary direct and indirect
costs that arise from processing the permit. The department
shall, in developing the agreement, ensure that final decisions
that involve policy matters are made by the agency and not by
the consultant. The department shall make an estimate of the
number of permanent staff hours to process the permits, and
shall contract with consultants to replace the time and functions committed by these permanent staff to the project. The
billing process shall provide for accurate time and cost
accounting and may include a billing cycle that provides for
progress payments. Use of cost-reimbursement agreements
shall not reduce the current level of staff available to work on
permits not covered by cost-reimbursement agreements. The
department may not use any funds under a cost-reimbursement agreement to replace or supplant existing funding. The
restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a
cost-reimbursement agreement.
(3) The department may not enter into any new costreimbursement agreements on or after July 1, 2007. The
department may continue to administer any cost-reimbursement agreement that was entered into before July 1, 2007,
until the project is completed. [2003 c 70 § 4; 2000 c 251 §
5.]
Intent—Captions not law—Effective date—2000 c 251: See notes
following RCW 43.21A.690.
43.300.900
43.300.900 Effective date—1993 sp.s. c 2 §§ 1-6, 8-59,
and 61-79. Sections 1 through 6, 8 through 59, and 61
through 79, chapter 2, Laws of 1993 sp. sess. shall take effect
March 1, 1994. [1994 c 6 § 4; 1993 sp.s. c 2 § 102.]
43.300.901
43.300.901 Severability—1993 sp.s. c 2. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1993 sp.s. c 2 § 106.]
Chapter 43.310
Chapter 43.310 RCW
YOUTH GANGS
43.300.080
[Title 43 RCW—page 590]
Sections
43.310.005
43.310.007
43.310.010
43.310.020
43.310.030
43.310.040
Finding.
Intent—Prevention and intervention pilot programs.
Definitions.
Gang risk prevention and intervention pilot programs—
Request for proposals.
Gang risk prevention and intervention pilot programs—Scope.
Cultural awareness retreats.
43.310.005
43.310.005 Finding. The legislature finds and declares
that:
(1) The number of youth who are members and associates of gangs and commit gang violence has significantly
increased throughout the entire greater Puget Sound, Spokane, and other areas of the state;
(2) Youth gang violence has caused a tremendous strain
on the progress of the communities impacted. The loss of life,
property, and positive opportunity for growth caused by
youth gang violence has reached intolerable levels. Increased
youth gang activity has seriously strained the budgets of
(2004 Ed.)
Youth Gangs
many local jurisdictions, as well as threatened the ability of
the educational system to educate our youth;
(3) Among youth gang members the high school dropout rate is significantly higher than among nongang members. Since the economic future of our state depends on a
highly educated and skilled work force, this high school
drop-out rate threatens the economic welfare of our future
work force, as well as the future economic growth of our
state;
(4) The unemployment rate among youth gang members
is higher than that among the general youth population. The
unusual unemployment rate, lack of education and skills, and
the increased criminal activity could significantly impact our
future prison population;
(5) Most youth gangs are subcultural. This implies that
gangs provide the nurturing, discipline, and guidance to gang
youth and potential gang youth that is generally provided by
communities and other social systems. The subcultural designation means that youth gang participation and violence can
be effectively reduced in Washington communities and
schools through the involvement of community, educational,
criminal justice, and employment systems working in a unified manner with parents and individuals who have a firsthand knowledge of youth gangs and at-risk youth; and
(6) A strong unified effort among parents and community, educational, criminal justice, and employment systems
would facilitate: (a) The learning process; (b) the control and
reduction of gang violence; (c) the prevention of youth joining negative gangs; and (d) the intervention into youth gangs.
[1993 c 497 § 1.]
43.310.007
43.310.007 Intent—Prevention and intervention
pilot programs. It is the intent of the legislature to cause the
development of positive prevention and intervention pilot
programs for elementary and secondary age youth through
cooperation between individual schools, local organizations,
and government. It is also the intent of the legislature that if
the prevention and intervention pilot programs are determined to be effective in reducing problems associated with
youth gang violence, that other counties in the state be eligible to receive special state funding to establish similar positive prevention and intervention programs. [1993 c 497 § 2.]
43.310.010
43.310.010 Definitions. Unless the context otherwise
requires, the following definitions shall apply throughout
RCW 43.310.005 through 43.310.040 and *sections 5 and 7
through 10, chapter 497, Laws of 1993:
(1) "School" means any public school within a school
district any portion of which is in a county with a population
of over one hundred ninety thousand.
(2) "Community organization" means any organization
recognized by a city or county as such, as well as private,
nonprofit organizations registered with the secretary of state.
(3) "Gang risk prevention and intervention pilot program" means a community-based positive prevention and
intervention program for gang members, potential gang
members, at-risk youth, and elementary through high schoolaged youth directed at all of the following:
(a) Reducing the probability of youth involvement in
gang activities and consequent violence.
(2004 Ed.)
43.310.030
(b) Establishing ties, at an early age, between youth and
community organizations.
(c) Committing local business and community resources
to positive programming for youth.
(d) Committing state resources to assist in creating the
gang risk prevention and intervention pilot programs.
(4) "Cultural awareness retreat" means a program that
temporarily relocates at-risk youth or gang members and
their parents from their usual social environment to a different social environment, with the specific purpose of having
them performing activities which will enhance or increase
their positive behavior and potential life successes. [1993 c
497 § 3.]
*Reviser's note: Sections 5 and 7 through 10, chapter 497, Laws of
1993 were vetoed by the governor.
43.310.020 Gang risk prevention and intervention
pilot programs—Request for proposals. (1) The department of community, trade, and economic development may
recommend existing programs or contract with either school
districts or community organizations, or both, through a
request for proposal process for the development, administration, and implementation in the county of community-based
gang risk prevention and intervention pilot programs.
(2) Proposals by the school district for gang risk prevention and intervention pilot program grant funding shall begin
with school years no sooner than the 1994-95 session, and
last for a duration of two years.
(3) The school district or community organization proposal shall include:
(a) A description of the program goals, activities, and
curriculum. The description of the program goals shall
include a list of measurable objectives for the purpose of
evaluation by the department of community, trade, and economic development. To the extent possible, proposals shall
contain empirical data on current problems, such as drop-out
rates and occurrences of violence on and off campus by
school-age individuals.
(b) A description of the individual school or schools and
the geographic area to be affected by the program.
(c) A demonstration of broad-based support for the program from business and community organizations.
(d) A clear description of the experience, expertise, and
other qualifications of the community organizations to conduct an effective prevention and intervention program in
cooperation with a school or a group of schools.
(e) A proposed budget for expenditure of the grant.
(4) Grants awarded under this section may not be used
for the administrative costs of the school district or the individual school. [1995 c 399 § 116; 1993 c 497 § 4.]
43.310.020
43.310.030 Gang risk prevention and intervention
pilot programs—Scope. Gang risk prevention and intervention pilot programs shall include, but are not limited to:
(1) Counseling for targeted at-risk students, parents, and
families, individually and collectively.
(2) Exposure to positive sports and cultural activities,
promoting affiliations between youth and the local community.
(3) Job training, which may include apprentice programs
in coordination with local businesses, job skills development
43.310.030
[Title 43 RCW—page 591]
43.310.040
Title 43 RCW: State Government—Executive
at the school, or information about vocational opportunities
in the community.
(4) Positive interaction with local law enforcement personnel.
(5) The use of local organizations to provide job search
training skills.
(6) Cultural awareness retreats.
(7) The use of specified state resources, as requested.
(8) Full service schools under *section 9 of this act.
(9) Community service such as volunteerism and citizenship. [1993 c 497 § 6.]
*Reviser's note: Section 9, chapter 497, Laws of 1993 was vetoed by
the governor.
43.310.040
43.310.040 Cultural awareness retreats. Cultural
awareness retreats shall include but are not limited to the following programs:
(1) To develop positive attitudes and self-esteem.
(2) To develop youth decision-making ability.
(3) To assist with career development and educational
development.
(4) To help develop respect for the community, and ethnic origin. [1993 c 497 § 11.]
Chapter 43.320 RCW
DEPARTMENT OF FINANCIAL INSTITUTIONS
Chapter 43.320
lated, the consolidation of the agencies regulating financial
institutions and securities into one department will better
serve the public interest through more effective use of staff
expertise. Therefore, for the convenience of administration
and the centralization of control and the more effective use of
state resources and expertise, the state desires to combine the
regulation of financial institutions and securities into one
department. [1993 c 472 § 1.]
43.320.007
43.320.007 Regulatory reform—Findings—Construction—1994 c 256. (1) The legislature finds that the
financial services industry is experiencing a period of rapid
change with the development and delivery of new products
and services and advances in technology.
(2) The legislature further finds it in the public interest to
strengthen the regulation, supervision, and examination of
business entities furnishing financial services to the people of
this state and that this can be accomplished by streamlining
and focusing regulation to reduce costs, increase effectiveness, and foster efficiency by eliminating requirements that
are not necessary for the protection of the public.
(3) The provisions of chapter 256, Laws of 1994 should
not be construed to limit the ability of the director of financial
institutions to implement prudent regulation, prevent unsafe,
unsound, and fraudulent practices, and undertake necessary
enforcement actions to protect the public and promote the
public interest. [1994 c 256 § 1.]
Sections
43.320.005
43.320.007
43.320.010
43.320.011
43.320.012
43.320.013
43.320.014
43.320.015
43.320.016
43.320.017
43.320.020
43.320.030
43.320.040
43.320.050
43.320.060
43.320.070
43.320.080
43.320.090
43.320.100
43.320.110
43.320.110
43.320.115
43.320.140
43.320.1401
43.320.900
43.320.901
Finding.
Regulatory reform—Findings—Construction—1994 c 256.
Department created.
Department of general administration and department of
licensing powers and duties transferred.
Department of general administration and department of
licensing equipment, records, funds transferred.
Department of general administration and department of
licensing civil service employees transferred.
Department of general administration or department of
licensing rules, business, contracts, and obligations continued.
Department of general administration and department of
licensing—Validity of acts.
Apportionment of budgeted funds.
Collective bargaining agreements.
Director—Salary—Powers and duties—Examiners, assistants, personnel.
Director—Qualifications—Conflicts of interest.
Director's authority to adopt rules.
Assistant directors—Divisions—"FDIC" defined.
Deputization of assistant to exercise powers and duties of
director.
Oath of examiners—Liability for acts performed in good
faith.
Director to maintain office in Olympia—Record of receipts
and disbursements—Deposit of funds.
Borrowing money by director, deputy, or employee—Penalty.
Annual report—Contents.
Financial services regulation fund (as amended by 2003 c
288).
Financial services regulation fund (as amended by 2003 1st
sp.s. c 25).
Securities prosecution fund.
Mortgage lending fraud prosecution account—Created.
Mortgage lending fraud prosecution account—Report to legislature.
Effective date—1993 c 472.
Implementation—1993 c 472.
43.320.005
43.320.005 Finding. The legislature finds that, given
the overlap of powers and products in the companies regu[Title 43 RCW—page 592]
43.320.010
43.320.010 Department created. A state department
of financial institutions, headed by the director of financial
institutions, is created. The department shall be organized
and operated in a manner that to the fullest extent permissible
under applicable law protects the public interest, protects the
safety and soundness of depository institutions and entities
under the jurisdiction of the department, ensures access to the
regulatory process for all concerned parties, and protects the
interests of investors. The department of financial institutions
shall be structured to reflect the unique differences in the
types of institutions and areas it regulates. [1993 c 472 § 2.]
43.320.011
43.320.011 Department of general administration
and department of licensing powers and duties transferred. (1) All powers, duties, and functions of the department of general administration under Titles 30, 31, 32, 33,
and 43 RCW and any other title pertaining to duties relating
to banks, savings banks, foreign bank branches, savings and
loan associations, credit unions, consumer loan companies,
check cashers and sellers, trust companies and departments,
and other similar institutions are transferred to the department of financial institutions. All references to the director of
general administration, supervisor of banking, or the supervisor of savings and loan associations in the Revised Code of
Washington are construed to mean the director of the department of financial institutions when referring to the functions
transferred in this section. All references to the department of
general administration in the Revised Code of Washington
are construed to mean the department of financial institutions
when referring to the functions transferred in this subsection.
(2) All powers, duties, and functions of the department
of licensing under chapters 18.44, 19.100, 19.110, 21.20,
(2004 Ed.)
Department of Financial Institutions
21.30, and 48.18A RCW and any other statute pertaining to
the regulation under the chapters listed in this subsection of
escrow agents, securities, franchises, business opportunities,
commodities, and any other speculative investments are
transferred to the department of financial institutions. All references to the director or department of licensing in the
Revised Code of Washington are construed to mean the
director or department of financial institutions when referring
to the functions transferred in this subsection. [1995 c 238 §
6; 1993 c 472 § 6.]
Effective date—1995 c 238: See note following RCW 18.44.011.
43.320.012
43.320.012 Department of general administration
and department of licensing equipment, records, funds
transferred. All reports, documents, surveys, books,
records, files, papers, or other written or electronically stored
material in the possession of the department of general
administration or the department of licensing and pertaining
to the powers, functions, and duties transferred by RCW
43.320.011 shall be delivered to the custody of the department of financial institutions. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property purchased by the division of banking and the division of savings
and loan in carrying out the powers, functions, and duties
transferred by RCW 43.320.011 shall be transferred to the
department of financial institutions. All cabinets, furniture,
office equipment, motor vehicles, and other tangible property
employed by the department of licensing in carrying out the
powers, functions, and duties transferred by RCW
43.320.011 shall be made available to the department of
financial institutions. All funds, credits, or other assets held
by the department of general administration or the department of licensing in connection with the powers, functions,
and duties transferred by RCW 43.320.011 shall be assigned
to the department of financial institutions.
Any appropriations made to the department of general
administration or the department of licensing for carrying out
the powers, functions, and duties transferred by RCW
43.320.011 shall, on October 1, 1993, be transferred and
credited to the department of financial institutions.
If a dispute arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the
powers and the performance of the duties and functions transferred, the director of financial management shall make a
determination as to the proper allocation and certify the same
to the state agencies concerned. [1993 c 472 § 7.]
43.320.013
43.320.013 Department of general administration
and department of licensing civil service employees transferred. All employees classified under chapter 41.06 RCW,
the state civil service law, who are employees of the department of general administration or the department of licensing
engaged in performing the powers, functions, and duties
transferred by RCW 43.320.011, except those under chapter
18.44 RCW, are transferred to the department of financial
institutions. All such employees are assigned to the department of financial institutions to perform their usual duties
upon the same terms as formerly, without any loss of rights,
subject to any action that may be appropriate thereafter in
(2004 Ed.)
43.320.030
accordance with the laws and rules governing state civil service. [1995 c 238 § 7; 1993 c 472 § 9.]
Effective date—1995 c 238: See note following RCW 18.44.011.
43.320.014
43.320.014 Department of general administration or
department of licensing rules, business, contracts, and
obligations continued. All rules and all pending business
before the department of general administration or the department of licensing pertaining to the powers, functions, and
duties transferred by RCW 43.320.011 shall be continued and
acted upon by the department of financial institutions. All
existing contracts and obligations shall remain in full force
and shall be performed by the department of financial institutions. [1993 c 472 § 10.]
43.320.015
43.320.015 Department of general administration
and department of licensing—Validity of acts. The transfer of the powers, duties, functions, and personnel of the
department of general administration or the department of
licensing under RCW 43.320.011 through 43.320.014 does
not affect the validity of any act performed by such an
employee before October 1, 1993. [1993 c 472 § 11.]
43.320.016
43.320.016 Apportionment of budgeted funds. If
apportionments of budgeted funds are required because of the
transfers directed by RCW 43.320.011 through 43.320.015,
the director of financial management shall certify the apportionments to the agencies affected, to the state auditor, and to
the state treasurer. Each of these shall make the appropriate
transfer and adjustments in funds and appropriation accounts
and equipment records in accordance with the certification.
[1993 c 472 § 12.]
43.320.017
43.320.017 Collective bargaining agreements. Nothing contained in RCW 43.320.011 through 43.320.015 may
be construed to alter any existing collective bargaining unit
or the provisions of any existing collective bargaining agreement until the expiration date of the current agreement or
until the bargaining unit has been modified by action of the
*personnel board as provided by law. [1993 c 472 § 13.]
*Reviser's note: Powers, duties, and functions of the higher education
personnel board and the state personnel board were transferred to the Washington personnel resources board by 1993 c 281, effective July 1, 1994.
43.320.020
43.320.020 Director—Salary—Powers and duties—
Examiners, assistants, personnel. The director of financial
institutions shall be appointed by the governor and shall exercise all powers and perform all of the duties and functions
transferred under RCW 43.320.011, and such other powers
and duties as may be authorized by law. The director may
deputize, appoint, and employ examiners and other such
assistants and personnel as may be necessary to carry on the
work of the department. The director of financial institutions
shall receive a salary in an amount fixed by the governor.
[1993 c 472 § 3.]
43.320.030
43.320.030 Director—Qualifications—Conflicts of
interest. A person is not eligible for appointment as director
of financial institutions unless he or she is, and for the last
two years before his or her appointment has been, a citizen of
[Title 43 RCW—page 593]
43.320.040
Title 43 RCW: State Government—Executive
the United States. A person is not eligible for appointment as
director of financial institutions if he or she has an interest at
the time of appointment, as a director, trustee, officer, or
stockholder in any bank, savings bank, savings and loan association, credit union, consumer loan company, trust company, securities broker-dealer or investment advisor, or other
institution regulated by the department. [1993 c 472 § 4.]
43.320.040
43.320.040 Director's authority to adopt rules. The
director of financial institutions may adopt any rules, under
chapter 34.05 RCW, necessary to implement the powers and
duties of the director under this chapter. [1993 c 472 § 5.]
43.320.050
43.320.050 Assistant directors—Divisions—"FDIC"
defined. The director of financial institutions may appoint
assistant directors for each of the divisions of the department
and delegate to them the power to perform any act or duty
conferred upon the director. The director is responsible for
the official acts of these assistant directors.
The department of financial institutions shall consist of
at least the following four divisions: The division of FDIC
insured institutions, with regulatory authority over all statechartered FDIC insured institutions; the division of credit
unions, with regulatory authority over all state-chartered
credit unions; the division of consumer affairs, with regulatory authority over state-licensed nondepository lending
institutions and other regulated entities; and the division of
securities, with regulatory authority over securities, franchises, business opportunities, and commodities. The director
of financial institutions is granted broad administrative
authority to add additional responsibilities to these divisions
as necessary and consistent with applicable law.
For purposes of this section, "FDIC" means the Federal
Deposit Insurance Corporation. [1993 c 472 § 8.]
Effective date—1995 c 238: See note following RCW 18.44.011.
43.320.070
43.320.070 Oath of examiners—Liability for acts
performed in good faith. Before entering office each examiner shall take and subscribe an oath faithfully to discharge
the duties of the office.
Oaths shall be filed with the secretary of state.
Neither the director of financial institutions, any deputized assistant of the director, nor any examiner or employee
shall be personally liable for any act done in good faith in the
performance of his or her duties. [1993 c 472 § 21; 1977 ex.s.
c 270 § 8; 1975 c 40 § 7; 1965 c 8 § 43.19.030. Prior: 1943 c
217 § 1; 1919 c 209 § 3; 1917 c 80 § 3; Rem. Supp. 1943 §
3210. Formerly RCW 43.19.030.]
Construction—1977 ex.s. c 270: See RCW 43.41.901.
Powers and duties of director of general administration as to official bonds:
RCW 43.41.360.
43.320.080
43.320.080 Director to maintain office in Olympia—
Record of receipts and disbursements—Deposit of funds.
The director of financial institutions shall maintain an office
at the state capitol, but may with the consent of the governor
also maintain branch offices at other convenient business
centers in this state. The director shall keep books of record
of all moneys received or disbursed by the director into or
from the financial services regulation fund, and any other
accounts maintained by the department of financial institutions. [2001 c 177 § 1; 1993 c 472 § 22; 1965 c 8 §
43.19.050. Prior: 1917 c 80 § 4; RRS § 3211. Formerly RCW
43.19.050.]
Effective date—2001 c 177: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 177 § 16.]
43.320.090
43.320.060
43.320.060 Deputization of assistant to exercise powers and duties of director. The director of financial institutions shall appoint, deputize, and employ examiners and such
other assistants and personnel as may be necessary to carry
on the work of the department of financial institutions.
In the event of the director's absence the director shall
have the power to deputize one of the assistants of the director to exercise all the powers and perform all the duties prescribed by law with respect to banks, savings banks, foreign
bank branches, savings and loan associations, credit unions,
consumer loan companies, check cashers and sellers, trust
companies and departments, securities, franchises, business
opportunities, commodities, escrow agents, and other similar
institutions or areas that are performed by the director so long
as the director is absent: PROVIDED, That such deputized
assistant shall not have the power to approve or disapprove
new charters, licenses, branches, and satellite facilities,
unless such action has received the prior written approval of
the director. Any person so deputized shall possess the same
qualifications as those set out in this section for the director.
[1995 c 238 § 8; 1993 c 472 § 20; 1977 ex.s. c 185 § 1; 1965
c 8 § 43.19.020. Prior: 1955 c 285 § 5; prior: (i) 1919 c 209
§ 2; 1917 c 80 § 2; RRS § 3209. (ii) 1945 c 123 § 1; 1935 c
176 § 12; Rem. Supp. 1945 § 10786-11. Formerly RCW
43.19.020.]
[Title 43 RCW—page 594]
43.320.090 Borrowing money by director, deputy, or
employee—Penalty. (1) It shall be unlawful for the director
of financial institutions, any deputized assistant of the director, or any employee of the department of financial institutions to borrow money from any bank, consumer loan company, credit union, foreign bank branch, savings bank, savings and loan association, or trust company or department,
securities broker-dealer or investment advisor, or similar
lending institution under the department's direct jurisdiction
unless the extension of credit:
(a) Is made on substantially the same terms (including
interest rates and collateral) as, and following credit underwriting procedures that are not less stringent than, those prevailing at the time for comparable transactions by the financial institution with other persons that are not employed by
either the department or the institution; and
(b) Does not involve more than the normal risk of repayment or present other unfavorable features.
(2) The director of the office of financial management
shall adopt rules, policies, and procedures interpreting and
implementing this section.
(3) Every person who knowingly violates this section
shall forfeit his or her office or employment and be guilty of
a gross misdemeanor. [1993 c 472 § 23; 1965 c 8 §
43.19.080. Prior: 1917 c 80 § 11; RRS § 3218. Formerly
RCW 43.19.080.]
(2004 Ed.)
Department of Financial Institutions
43.320.100
43.320.100 Annual report—Contents. The director of
financial institutions shall file in his or her office all reports
required to be made to the director, prepare and furnish to
banks, savings banks, foreign bank branches, savings and
loan associations, credit unions, consumer loan companies,
check cashers and sellers, and trust companies and departments blank forms for such reports as are required of them,
and each year make a report to the governor showing:
(1) A summary of the conditions of the banks, savings
banks, foreign bank branches, savings and loan associations,
credit unions, consumer loan companies, check cashers and
sellers, and trust companies and departments at the date of
their last report; and
(2) A list of those organized or closed during the year.
The director may publish such other statements, reports,
and pamphlets as he or she deems advisable. [1993 c 472 §
24; 1977 c 75 § 43; 1965 c 8 § 43.19.090. Prior: 1917 c 80 §
13; RRS § 3220. Formerly RCW 43.19.090.]
43.320.115
tion concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Severability—2001 2nd sp.s. c 7: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2001 2nd sp.s. c 7 § 923.]
Effective date—2001 2nd sp.s. c 7: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 26, 2001], except for section 911 of this act which takes
effect July 1, 2001." [2001 2nd sp.s. c 7 § 924.]
Effective date—2001 c 177: See note following RCW 43.320.080.
Effective date—1995 c 238: See note following RCW 18.44.011.
Effective date—1981 c 241: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 241 § 4.]
43.320.110
43.320.110 Financial services regulation fund (as amended by 2003
c 288). There is created a local fund known as the "financial services regulation fund" which shall consist of all moneys received by the divisions of
the department of financial institutions, except for the division of securities
which shall deposit thirteen percent of all moneys received, except as provided in RCW 43.320.115, and which shall be used for the purchase of supplies and necessary equipment; the payment of salaries, wages, and utilities;
the establishment of reserves; and other incidental costs required for the
proper regulation of individuals and entities subject to regulation by the
department. The state treasurer shall be the custodian of the fund. Disbursements from the fund shall be on authorization of the director of financial
institutions or the director's designee. In order to maintain an effective
expenditure and revenue control, the fund shall be subject in all respects to
chapter 43.88 RCW, but no appropriation is required to permit expenditures
and payment of obligations from the fund.
((Between July 1, 2001, and December 31, 2001, the legislature may
transfer up to two million dollars from the financial services regulation fund
to the digital government revolving account. During the 2001-2003 fiscal
biennium, the legislature may transfer from the financial services regulation
fund to the state general fund such amounts as reflect the excess fund balance
of the fund and appropriations reductions made by the 2002 supplemental
appropriations act for administrative efficiencies and savings.)) [2003 c 288
§ 1; 2002 c 371 § 912; 2001 2nd sp.s. c 7 § 911; 2001 c 177 § 2; 1995 c 238
§ 9; 1993 c 472 § 25; 1981 c 241 § 1. Formerly RCW 43.19.095.]
43.320.110
43.320.110 Financial services regulation fund (as amended by 2003
1st sp.s. c 25). There is created a local fund known as the "financial services
regulation fund" which shall consist of all moneys received by the divisions
of the department of financial institutions, except for the division of securities which shall deposit thirteen percent of all moneys received, and which
shall be used for the purchase of supplies and necessary equipment; the payment of salaries, wages, and utilities; the establishment of reserves; and other
incidental costs required for the proper regulation of individuals and entities
subject to regulation by the department. The state treasurer shall be the custodian of the fund. Disbursements from the fund shall be on authorization of
the director of financial institutions or the director's designee. In order to
maintain an effective expenditure and revenue control, the fund shall be subject in all respects to chapter 43.88 RCW, but no appropriation is required to
permit expenditures and payment of obligations from the fund.
((Between July 1, 2001, and December 31, 2001, the legislature may
transfer up to two million dollars from the financial services regulation fund
to the digital government revolving account.)) During the ((2001-)) 20032005 fiscal biennium, the legislature may transfer from the financial services
regulation fund to the state general fund such amounts as reflect the excess
fund balance of the fund ((and appropriations reductions made by the 2002
supplemental appropriations act for administrative efficiencies and savings)). [2003 1st sp.s. c 25 § 921; 2002 c 371 § 912; 2001 2nd sp.s. c 7 § 911;
2001 c 177 § 2; 1995 c 238 § 9; 1993 c 472 § 25; 1981 c 241 § 1. Formerly
RCW 43.19.095.]
Reviser's note: RCW 43.320.110 was amended twice during the 2003
legislative session, each without reference to the other. For rule of construc(2004 Ed.)
43.320.115
43.320.115 Securities prosecution fund. (1) The securities prosecution fund is created in the custody of the state
treasurer and shall consist of all fines received by the division
of securities under RCW 21.20.400(2), 21.20.110, and
21.20.395 and all undistributed funds from orders of disgorgement and restitution under RCW 21.20.110(8) and
21.20.390(6). No appropriation is required to permit expenditures from this fund, but the account is subject to allotment
procedures under chapter 43.88 RCW.
(2) Expenditures from this fund may be used solely for
administering the fund and for payment of costs, expenses,
and charges incurred in the preparation, initiation, and prosecution of criminal charges for violations of chapters 21.20,
21.30, 19.100, and 19.110 RCW. Only the director or the
director's designee may authorize expenditures from the
fund.
(3) Applications for fund expenditures must be submitted by the attorney general or the proper prosecuting attorney
to the director. The application must clearly identify the
alleged criminal violations identified in subsection (2) of this
section and indicate the purpose for which the funds will be
used. The application must also certify that any funds
received will be expended only for the purpose requested.
Funding requests must be approved by the director prior to
any expenditure being incurred by the requesting attorney
general or prosecuting attorney. At the conclusion of the
prosecution, the attorney general or prosecuting attorney
shall provide the director with an accounting of fund expenditures, a summary of the case, and certify his or her compliance with any rules adopted by the director relating to the
administration of the fund.
(4) If the balance of the securities prosecution fund
reaches three hundred fifty thousand dollars, all fines
receiv ed by th e div ision of securities un der RCW
21.20.400(2), 21.20.110, and 21.20.395 and all undistributed
funds from orders of disgorgement and restitution under
RCW 21.20.110(8) and 21.20.390(6) shall be deposited in the
financial services regulation fund until such time as the balance in the fund falls below three hundred fifty thousand dollars, at which time the fines received by the division of securities under RCW 21.20.400(2), 21.20.110, and 21.20.395
[Title 43 RCW—page 595]
43.320.140
Title 43 RCW: State Government—Executive
and all undistributed funds from orders of disgorgement and
restitution under RCW 21.20.110(8) and 21.20.390(6) shall
be deposited to the securities prosecution fund until balance
in the fund once again reaches three hundred fifty thousand
dollars. [2003 c 288 § 2.]
43.320.140 Mortgage lending fraud prosecution
account—Created. (Expires June 30, 2006.) (1) The mortgage lending fraud prosecution account is created in the custody of the state treasurer. All receipts from the surcharge
imposed in RCW 36.22.181, except those retained by the
county auditor for administration, must be deposited into the
account. Except as otherwise provided in this section, expenditures from the account may be used only for criminal prosecution of fraudulent activities related to mortgage lending
fraud crimes. Only the director of the department of financial
institutions or the director's designee may authorize expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures.
(2) This section expires June 30, 2006. [2003 c 289 § 2.]
43.320.140
43.320.1401 Mortgage lending fraud prosecution
account—Report to legislature. (Expires June 30, 2006.)
(1) Before December 31st of every year, the department of
financial institutions shall provide the senate and house of
representatives committees that address matters related to
financial institutions with a written report outlining the activity of the mortgage lending fraud prosecution account.
(2) This section expires June 30, 2006. [2003 c 289 § 3.]
43.330.094
43.330.095
43.330.096
43.330.100
43.330.110
43.330.120
43.330.125
43.330.130
43.330.135
43.330.145
43.330.150
43.330.152
43.330.155
43.330.156
43.330.165
43.330.167
43.330.170
43.330.180
43.330.190
43.330.195
43.330.200
43.330.205
43.320.1401
43.320.900 Effective date—1993 c 472. This act takes
effect October 1, 1993. [1993 c 472 § 31.]
43.320.900
43.320.901 Implementation—1993 c 472. The directors of the department of general administration and the
department of licensing shall take such steps as are necessary
to ensure that this act is implemented on October 1, 1993.
[1993 c 472 § 32.]
43.330.210
43.330.220
43.330.225
43.330.230
43.330.240
43.330.900
43.330.901
43.330.902
43.330.9021
43.330.903
43.330.904
43.320.901
Tourism development and promotion account—Promotion
of tourism industry.
Tourism development advisory committee.
Tourism development program—Report to the legislature.
Local infrastructure and public facilities—Grants and loans.
Housing—Energy assistance.
Growth management.
Assistance to counties and cities.
Services to poor and disadvantaged persons—Preschool children—Substance abuse—Family services—Fire protection and emergency management.
Court-appointed special advocate programs—Funds—Eligibility.
Entrepreneurial assistance—Recipients of temporary assistance for needy families—Cooperation with agencies for
training and industrial recruitment.
Fees—Conferences, workshops, training.
Fees—Service and product delivery areas.
Community and economic development fee account.
Fees—Adoption by rule.
Housing for farmworkers—Proposal review and funding recommendations—Farmworker housing advisory group.
Homeless families services fund—Created—Eligible activities.
Statewide housing market analysis.
Grant program for business recruitment efforts.
Reimbursement of extraordinary criminal justice costs.
Developmental disabilities endowment—Definitions.
Developmental disabilities endowment—Trust fund.
Developmental disabilities endowment—Authority of state
investment board—Authority of governing board.
Developmental disabilities endowment—Governing board—
Liability of governing board and state investment board.
Developmental disabilities endowment—Endowment principles.
Developmental disabilities endowment—Development of
operating plan—Elements.
Developmental disabilities endowment—Program implementation and administration.
Developmental disabilities endowment—Rules.
References to director and department.
Captions.
Effective date—1993 c 280.
Effective date—1994 c 5.
Severability—1993 c 280.
Transfer of certain state energy office powers, duties, and
functions—References to director—Appointment of assistant director.
Community development, programs of former department of: Chapter
43.63A RCW.
Industrial projects of statewide significance—Assignment of project facilitator or coordinator: RCW 43.157.030.
Trade and economic development, programs of former department of:
Chapter 43.31 RCW.
Chapter 43.330 RCW
DEPARTMENT OF COMMUNITY, TRADE, AND
ECONOMIC DEVELOPMENT
Chapter 43.330
Sections
43.330.005
43.330.007
43.330.010
43.330.020
43.330.030
43.330.040
43.330.050
43.330.060
43.330.065
43.330.070
43.330.075
43.330.080
43.330.090
43.330.092
Intent.
Management responsibility.
Definitions.
Department created.
Director—Appointment—Salary.
Director powers and duties.
Community and economic development responsibilities.
Trade and business responsibilities.
Identification of countries of strategic importance for international trade relations.
Local development capacity—Training and technical assistance.
Local government regulation and policy handouts—Technical assistance.
Coordination of community and economic development services—Contracts with associate development organizations—Targeted sectors.
Economic diversification strategies—Targeted sectors—
Tourism expansion.
Film and video promotion account—Promotion of film and
video production industry.
[Title 43 RCW—page 596]
43.330.005
43.330.005 Intent. The legislature finds that the longterm economic health of the state and its citizens depends
upon the strength and vitality of its communities and businesses. It is the intent of this chapter to create a merged
department of community, trade, and economic development
that fosters new partnerships for strong and sustainable communities. The consolidation of the department of trade and
economic development and the department of community
development into one department will: Streamline access to
services by providing a simpler point of entry for state programs; provide focused and flexible responses to changing
economic conditions; generate greater local capacity to
respond to both economic growth and environmental challenges; and increase accountability to the public, the executive branch, and the legislature.
A new department can bring together a focused effort to:
Manage growth and achieve sustainable development; diversify the state's economy and export goods and services; provide greater access to economic opportunity; stimulate pri(2004 Ed.)
Department of Community, Trade, and Economic Development
vate sector investment and entrepreneurship; provide stable
family-wage jobs and meet the diverse needs of families; provide affordable housing and housing services; construct public infrastructure; protect our cultural heritage; and promote
the health and safety of the state's citizens.
The legislature further finds that as a result of the rapid
pace of global social and economic change, the state and
local communities will require coordinated and creative
responses by every segment of the community. The state can
play a role in assisting such local efforts by reorganizing state
assistance efforts to promote such partnerships. The department has a primary responsibility to provide financial and
technical assistance to the communities of the state, to assist
in improving the delivery of federal, state, and local programs, and to provide communities with opportunities for
productive and coordinated development beneficial to the
well-being of communities and their residents. It is the intent
of the legislature in this consolidation to maximize the use of
local expertise and resources in the delivery of community
and economic development services. [1993 c 280 § 1.]
43.330.007
43.330.007 Management responsibility. The purpose
of this chapter is to establish the broad outline of the structure
of the department of community, trade, and economic development, leaving specific details of its internal organization
and management to those charged with its administration.
This chapter identifies the broad functions and responsibilities of the new department and is intended to provide flexibility to the director to reorganize these functions and to make
recommendations for changes through the implementation
plan required in section 8, chapter 280, Laws of 1993. [1993
c 280 § 2.]
Implementation plan—1994 c 5; 1993 c 280: "(1) The director of the
department of trade and economic development and the director of the
department of community development shall, by November 15, 1993, jointly
submit a plan to the governor for the consolidation and smooth transition of
the department of trade and economic development and the department of
community development into the department of community, trade, and economic development so that the department will operate as a single entity on
March 1, 1994.
(2) The plan shall include, but is not limited to, the following elements:
(a) Strategies for combining the existing functions and responsibilities
of both agencies into a coordinated and unified department including a strategic plan for each major program area that includes implementation steps,
evaluation measures, and methods for collaboration among programs;
(b) Recommendations for any changes in existing programs and functions of both agencies, including new initiatives and possible transfer of programs and functions to and from other departments;
(c) Implementation steps necessary to bring about operation of the
combined department as a single entity;
(d) Benchmarks by which to measure progress and to evaluate the performance and effectiveness of the department's efforts; and
(e) Strategies for coordinating and maximizing federal, state, local,
international, and private sector support for community and economic development efforts within the state.
(3) In developing this plan, the directors shall establish an advisory
committee of representatives of groups using services and programs of both
departments. The advisory committee shall include representatives of cities,
counties, port districts, small and large businesses, labor unions, associate
development organizations, low-income housing interests, housing industry,
Indian tribes, community action programs, public safety groups, nonprofit
community and development organizations, international trade organizations, minority and women business organizations, and any other organizations the directors determine should have input to the plan." [1994 c 5 § 1;
1993 c 280 § 8.]
(2004 Ed.)
43.330.040
43.330.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Associate development organization" means a local
economic development nonprofit corporation that is broadly
representative of community interests.
(2) "Department" means the department of community,
trade, and economic development.
(3) "Director" means the director of the department of
community, trade, and economic development. [1993 c 280
§ 3.]
43.330.010
43.330.020 Department created. A department of
community, trade, and economic development is created. The
department shall be vested with all powers and duties established or transferred to it under this chapter and such other
powers and duties as may be authorized by law. Unless otherwise specifically provided in chapter 280, Laws of 1993,
the existing responsibilities and functions of the agency programs will continue to be administered in accordance with
their implementing legislation. [1993 c 280 § 4.]
43.330.020
43.330.030 Director—Appointment—Salary. The
executive head of the department shall be the director. The
director shall be appointed by the governor with the consent
of the senate, and shall serve at the pleasure of the governor.
The director shall be paid a salary to be fixed by the governor
in accordance with RCW 43.03.040. [1993 c 280 § 5.]
43.330.030
43.330.040 Director powers and duties. (1) The director shall supervise and administer the activities of the department and shall advise the governor and the legislature with
respect to community and economic development matters
affecting the state.
(2) In addition to other powers and duties granted to the
director, the director shall have the following powers and
duties:
(a) Enter into contracts on behalf of the state to carry out
the purposes of this chapter;
(b) Act for the state in the initiation of or participation in
any multigovernmental program relative to the purpose of
this chapter;
(c) Accept and expend gifts and grants, whether such
grants be of federal or other funds;
(d) Appoint such deputy directors, assistant directors,
and up to seven special assistants as may be needed to administer the department. These employees are exempt from the
provisions of chapter 41.06 RCW;
(e) Prepare and submit budgets for the department for
executive and legislative action;
(f) Submit recommendations for legislative actions as
are deemed necessary to further the purposes of this chapter;
(g) Adopt rules in accordance with chapter 34.05 RCW
and perform all other functions necessary and proper to carry
out the purposes of this chapter;
(h) Delegate powers, duties, and functions as the director
deems necessary for efficient administration, but the director
shall be responsible for the official acts of the officers and
employees of the department; and
(i) Perform other duties as are necessary and consistent
with law.
43.330.040
[Title 43 RCW—page 597]
43.330.050
Title 43 RCW: State Government—Executive
(3) When federal or other funds are received by the
department, they shall be promptly transferred to the state
treasurer and thereafter expended only upon the approval of
the director.
(4) The director may request information and assistance
from all other agencies, departments, and officials of the
state, and may reimburse such agencies, departments, or officials if such a request imposes any additional expenses upon
any such agency, department, or official.
(5) The director shall, in carrying out the responsibilities
of office, consult with governmental officials, private groups,
and individuals and with officials of other states. All state
agencies and their officials and the officials of any political
subdivision of the state shall cooperate with and give such
assistance to the department, including the submission of
requested information, to allow the department to carry out
its purposes under this chapter.
(6) The director may establish additional advisory or
coordinating groups with the legislature, within state government, with state and other governmental units, with the private sector and nonprofit entities or in specialized subject
areas as may be necessary to carry out the purposes of this
chapter.
(7) The internal affairs of the department shall be under
the control of the director in order that the director may manage the department in a flexible and intelligent manner as dictated by changing contemporary circumstances. Unless specifically limited by law, the director shall have complete
charge and supervisory powers over the department. The
director may create such administrative structures as the
director deems appropriate, except as otherwise specified by
law, and the director may employ such personnel as may be
necessary in accordance with chapter 41.06 RCW, except as
otherwise provided by law. [1993 c 280 § 6.]
43.330.050
43.330.050 Community and economic development
responsibilities. The department shall be responsible for
promoting community and economic development within the
state by assisting the state's communities to increase the quality of life of their citizens and their economic vitality, and by
assisting the state's businesses to maintain and increase their
economic competitiveness, while maintaining a healthy environment. Community and economic development efforts
shall include: Efforts to increase economic opportunity; local
planning to manage growth; the promotion and provision of
affordable housing and housing-related services; providing
public infrastructure; business and trade development; assisting firms and industrial sectors to increase their competitiveness; fostering the development of minority and womenowned businesses; facilitating technology development,
transfer, and diffusion; community services and advocacy for
low-income persons; and public safety efforts. The department shall have the following general functions and responsibilities:
(1) Provide advisory assistance to the governor, other
state agencies, and the legislature on community and economic development matters and issues;
(2) Assist the governor in coordinating the activities of
state agencies that have an impact on local government and
communities;
[Title 43 RCW—page 598]
(3) Cooperate with the legislature and the governor in the
development and implementation of strategic plans for the
state's community and economic development efforts;
(4) Solicit private and federal grants for economic and
community development programs and administer such programs in conjunction with other programs assigned to the
department by the governor or the legislature;
(5) Cooperate with and provide technical and financial
assistance to local governments, businesses, and communitybased organizations serving the communities of the state for
the purpose of aiding and encouraging orderly, productive,
and coordinated development of the state, and, unless stipulated otherwise, give additional consideration to local communities and individuals with the greatest relative need and
the fewest resources;
(6) Participate with other states or subdivisions thereof in
interstate programs and assist cities, counties, municipal corporations, governmental conferences or councils, and
regional planning commissions to participate with other
states and provinces or their subdivisions;
(7) Hold public hearings and meetings to carry out the
purposes of this chapter;
(8) Conduct research and analysis in furtherance of the
state's economic and community development efforts including maintenance of current information on market, demographic, and economic trends as they affect different industrial sectors, geographic regions, and communities with special economic and social problems in the state; and
(9) Develop a schedule of fees for services where appropriate. [1993 c 280 § 7.]
43.330.060 Trade and business responsibilities. (1)
The department shall assist in expanding the state's role as an
international center of trade, culture, and finance. The department shall promote and market the state's products and services internationally in close cooperation with other private
and public international trade efforts and act as a centralized
location for the assimilation and distribution of trade information.
(2) The department shall identify and work with Washington businesses that can use local, state, and federal assistance to increase domestic and foreign exports of goods and
services.
(3) The department shall work generally with small businesses and other employers to facilitate resolution of siting,
regulatory, expansion, and retention problems. This assistance shall include but not be limited to assisting in work
force training and infrastructure needs, identifying and locating suitable business sites, and resolving problems with government licensing and regulatory requirements. The department shall identify gaps in needed services and develop steps
to address them including private sector support and purchase
of these services.
(4) The department shall work to increase the availability
of capital to small businesses by developing new and flexible
investment tools and by assisting in targeting and improving
the efficiency of existing investment mechanisms.
(5) The department shall assist women and minorityowned businesses in overcoming barriers to increased investment and employment and becoming full participants in
Washington's traded sector economy. [1993 c 280 § 9.]
43.330.060
(2004 Ed.)
Department of Community, Trade, and Economic Development
Tacoma world trade center—1993 c 134: "The legislature recognizes
that export opportunities for small and medium-sized businesses stimulates
economic growth. Within current resources, the department of trade and economic development shall work with the Tacoma world trade center, to assist
small and medium-sized businesses with export opportunities." [1993 c 134
§ 1.]
43.330.065
43.330.065 Identification of countries of strategic
importance for international trade relations. The department of community, trade, and economic development, in
consultation with the office of protocol, the office of the secretary of state, the department of agriculture, and the employment security department shall identify up to fifteen countries
that are of strategic importance to the development of Washington's international trade relations. [1996 c 253 § 303.]
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
43.330.070
43.330.070 Local development capacity—Training
and technical assistance. (1) The department shall work
closely with local communities to increase their capacity to
respond to economic, environmental, and social problems
and challenges. The department shall coordinate the delivery
of development services and technical assistance to local
communities or regional areas. It shall promote partnerships
between the public and private sectors and between state and
local officials to encourage appropriate economic growth and
opportunity in communities throughout the state. The department shall promote appropriate local development by: Supporting the ability of communities to develop and implement
strategic development plans; assisting businesses to start up,
maintain, or expand their operations; encouraging public
infrastructure investment and private and public capital
investment in local communities; supporting efforts to manage growth and provide affordable housing and housing services; providing for the identification and preservation of the
state's historical and cultural resources; and expanding
employment opportunities.
(2) The department shall define a set of services including training and technical assistance that it will make available to local communities, community-based nonprofit organizations, regional areas, or businesses. The department shall
simplify access to these programs by providing more centralized and user-friendly information and referral. The department shall coordinate community and economic development efforts to minimize program redundancy and maximize
accessibility. The department shall develop a set of criteria
for targeting services to local communities.
(3) The department shall develop a coordinated and systematic approach to providing training to community-based
nonprofit organizations, local communities, and businesses.
The approach shall be designed to increase the economic and
community development skills available in local communities by providing training and funding for training for local
citizens, nonprofit organizations, and businesses. The department shall emphasize providing training in those communities most in need of state assistance. [1993 c 280 § 10.]
43.330.075
43.330.075 Local government regulation and policy
handouts—Technical assistance. The department shall
provide technical assistance in the compilation of and support
in the production of the handouts to be published and kept
(2004 Ed.)
43.330.080
current by counties and cities under RCW 36.70B.220. [1996
c 206 § 11.]
Findings—1996 c 206: See note following RCW 43.05.030.
43.330.080
43.330.080 Coordination of community and economic development services—Contracts with associate
development organizations—Targeted sectors. (1) The
department shall contract with associate development organizations or other local organizations to increase the support for
and coordination of community and economic development
services in communities or regional areas. The organizations
contracted with in each community or regional area shall be
broadly representative of community and economic interests.
The organization shall be capable of identifying key economic and community development problems, developing
appropriate solutions, and mobilizing broad support for recommended initiatives. The contracting organization shall
work with and include local governments, local chambers of
commerce, private industry councils, port districts, labor
groups, institutions of higher education, community action
programs, and other appropriate private, public, or nonprofit
community and economic development groups. The department shall be responsible for determining the scope of services delivered under these contracts.
(2) Associate development organizations or other local
development organizations contracted with shall promote
and coordinate, through local service agreements with local
governments, small business development centers, port districts, community and technical colleges, private industry
councils, and other development organizations, for the efficient delivery of community and economic development services in their areas.
(3) The department shall consult with associate development organizations, port districts, local governments, and
other local development organizations in the establishment of
service delivery regions throughout the state. The legislature
encourages local associate development organizations to
form partnerships with other associate development organizations in their region to combine resources for better access
to available services, to encourage regional delivery of state
services, and to build the local capacity of communities in the
region more effectively.
(4) The department shall contract on a regional basis for
surveys of key sectors of the regional economy and the coordination of technical assistance to businesses and employees
within the key sectors. The department's selection of contracting organizations or consortiums shall be based on the
sufficiency of the organization's or consortium's proposal to
examine key sectors of the local economy within its region
adequately and its ability to coordinate the delivery of services required by businesses within the targeted sectors.
Organizations contracting with the department shall work
closely with the department to examine the local economy
and to develop strategies to focus on developing key sectors
that show potential for long-term sustainable growth. The
contracting organization shall survey businesses and employees in targeted sectors on a periodic basis to gather information on the sector's business needs, expansion plans, relocation decisions, training needs, potential layoffs, financing
needs, availability of financing, and other appropriate infor[Title 43 RCW—page 599]
43.330.090
Title 43 RCW: State Government—Executive
mation about economic trends and specific employer and
employee needs in the region.
(5) The contracting organization shall participate with
the work force training and education coordinating board as
created in chapter 28C.18 RCW, and any regional entities
designated by that board, in providing for the coordination of
job skills training within its region. [1997 c 60 § 1; 1993 c
280 § 11.]
43.330.090 Economic diversification strategies—
Targeted sectors—Tourism expansion. (1) The department shall work with private sector organizations, local governments, local associate development organizations, and
higher education and training institutions to assist in the
development of strategies to diversify the economy, facilitate
technology transfer and diffusion, and increase value-added
production by focusing on targeted sectors. The targeted sectors may include, but are not limited to, software, forest products, biotechnology, environmental industries, recycling
markets and waste reduction, aerospace, food processing,
tourism, film and video, microelectronics, new materials,
robotics, and machine tools. The department shall, on a continuing basis, evaluate the potential return to the state from
devoting additional resources to a targeted sector's approach
to economic development and including additional sectors in
its efforts. The department shall use information gathered in
each service delivery region in formulating its sectoral strategies and in designating new targeted sectors.
(2) The department shall pursue a coordinated program
to expand the tourism industry throughout the state in cooperation with the public and private tourism development
organizations. The department, in operating its tourism program, shall:
(a) Promote Washington as a tourism destination to
national and international markets to include nature-based
and wildlife viewing tourism;
(b) Provide information to businesses and local communities on tourism opportunities that could expand local revenues;
(c) Assist local communities to strengthen their tourism
partnerships, including their relationships with state and local
agencies;
(d) Provide leadership training and assistance to local
communities to facilitate the development and implementation of local tourism plans;
(e) Coordinate the development of a statewide tourism
and marketing plan. The department's tourism planning
efforts shall be carried out in conjunction with public and private tourism development organizations including the department of fish and wildlife and other appropriate agencies. The
plan shall specifically address mechanisms for: (i) Funding
national and international marketing and nature-based tourism efforts; (ii) interagency cooperation; and (iii) integrating
the state plan with local tourism plans.
(3) The department may, in carrying out its efforts to
expand the tourism industry in the state:
(a) Solicit and receive gifts, grants, funds, fees, and
endowments, in trust or otherwise, from tribal, local or other
governmental entities, as well as private sources, and may
expend the same or any income therefrom for tourism purposes. All revenue received for tourism purposes shall be
43.330.090
[Title 43 RCW—page 600]
deposited into the tourism development and promotion
account created in RCW 43.330.094;
(b) Host conferences and strategic planning workshops
relating to the promotion of nature-based and wildlife viewing tourism;
(c) Conduct or contract for tourism-related studies;
(d) Contract with individuals, businesses, or public entities to carry out its tourism-related activities under this section;
(e) Provide tourism-related organizations with marketing and other technical assistance;
(f) Evaluate and make recommendations on proposed
tourism-related policies.
(4) The department shall promote, market, and encourage growth in the production of films and videos, as well as
television commercials within the state; to this end the
department is directed to assist in the location of a film and
video production studio within the state.
(5) In assisting in the development of a targeted sector,
the department's activities may include, but are not limited to:
(a) Conducting focus group discussions, facilitating
meetings, and conducting studies to identify members of the
sector, appraise the current state of the sector, and identify
issues of common concern within the sector;
(b) Supporting the formation of industry associations,
publications of association directories, and related efforts to
create or expand the activities or industry associations;
(c) Assisting in the formation of flexible networks by
providing (i) agency employees or private sector consultants
trained to act as flexible network brokers and (ii) funding for
potential flexible network participants for the purpose of
organizing or implementing a flexible network;
(d) Helping establish research consortia;
(e) Facilitating joint training and education programs;
(f) Promoting cooperative market development activities;
(g) Analyzing the need, feasibility, and cost of establishing product certification and testing facilities and services;
and
(h) Providing for methods of electronic communication
and information dissemination among firms and groups of
firms to facilitate network activity. [2003 c 153 § 2; 1998 c
245 § 85; 1994 c 144 § 1; 1993 c 280 § 12.]
Findings—2003 c 153: "The legislature finds that tourism is a growing
sector of the Washington economy. Washington has a diverse geography,
geology, climate, and natural resources, and offers abundant opportunities
for wildlife viewing. Nature-based tourism is the fastest growing outdoor
activity and segment of the travel industry and the state can take advantage
of this by marketing Washington's natural assets to international as well as
national tourist markets. Expanding tourism efforts can provide Washington
residents with jobs and local communities with needed revenues.
The legislature also finds that current efforts to promote Washington's
natural resources and nature-based tourism to national and international markets are too diffuse and limited by funding and that a collaborative effort
among state and local governments, tribes, and private enterprises can serve
to leverage the investments in nature-based tourism made by each." [2003 c
153 § 1.]
Effective date—1994 c 144: "This act shall take effect July 1, 1994."
[1994 c 144 § 3.]
43.330.092
43.330.092 Film and video promotion account—Promotion of film and video production industry. The film
and video promotion account is created in the state treasury.
(2004 Ed.)
Department of Community, Trade, and Economic Development
All receipts from RCW 36.102.060(14) must be deposited
into the account. Moneys in the account may be spent only
after appropriation. Expenditures from the account may be
used by the department of community, trade, and economic
development only for the purposes of promotion of the film
and video production industry in the state of Washington.
[1997 c 220 § 222 (Referendum Bill No. 48, approved June
17, 1997).]
Referendum—Other legislation limited—Legislators' personal
intent not indicated—Reimbursements for election—Voters' pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
43.330.120
43.330.096 Tourism development program—Report
to the legislature. (Expires June 30, 2008.) (1) On or before
June 30th of each fiscal year, the department shall submit a
report to the appropriate policy and fiscal committees of the
house of representatives and senate that describes the tourism
development program for the previous fiscal year and quantifies the financial benefits to the state. The report must contain
information concerning targeted markets, benefits to different areas of the state, return on the state's investment, and
other relevant information related to tourism development.
(2) This section expires June 30, 2008. [1998 c 299 § 5.]
43.330.096
Intent—Effective date—1998 c 299: See notes following RCW
43.88.093.
43.330.100 Local infrastructure and public facilities—Grants and loans. (1) The department shall support
the development and maintenance of local infrastructure and
public facilities and provide local communities with flexible
sources of funding. The department shall coordinate grant
and loan programs that provide infrastructure and investment
in local communities. This shall include coordinating funding
for eligible projects with other federal, state, local, private,
and nonprofit funding sources.
(2) At a minimum, the department shall provide coordinated procedures for applying for and tracking grants and
loans among and between the community economic revitalization board, the public works trust fund, and community
development block grants. [1993 c 280 § 13.]
43.330.100
43.330.094
43.330.094 Tourism development and promotion
account—Promotion of tourism industry. The tourism
development and promotion account is created in the state
treasury. All receipts from RCW 36.102.060(10) and
43.330.090(3)(a) must be deposited into the account. Moneys in the account received under RCW 36.102.060(10) may
be spent only after appropriation. No appropriation is
required for expenditures from moneys received under RCW
43.330.090(3)(a). Expenditures from the account may be
used by the department of community, trade, and economic
development only for the purposes of expanding and promoting the tourism industry in the state of Washington. [2003 c
153 § 4; 1997 c 220 § 223 (Referendum Bill No. 48, approved
June 17, 1997).]
Findings—2003 c 153: See note following RCW 43.330.090.
Referendum—Other legislation limited—Legislators' personal
intent not indicated—Reimbursements for election—Voters' pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
43.330.095
43.330.095 Tourism development advisory committee. (Expires June 30, 2008.) (1) The tourism development
advisory committee is created within the department. The
committee shall have a total of fifteen members. There shall
be one member from each of the two largest political caucuses in the house of representatives and senate appointed by
the speaker of the house of representatives and the president
of the senate, respectively. The remaining eleven members
shall be appointed by the director and shall represent the
travel industry. When making appointments, the director
shall ensure to the greatest extent possible that the industry
representatives include all sectors of the travel industry in
Washington state and are diverse with respect to region of the
state, gender, and ethnicity.
(2) The tourism development advisory committee shall
meet at such times designated by the director but not less than
twice per calendar year. The committee shall review and
comment on the tourism development plan presented by the
department and advise the director concerning tourism activities the department should undertake.
(3) This section expires June 30, 2008. [1998 c 299 § 2.]
Intent—Effective date—1998 c 299: See notes following RCW
43.88.093.
(2004 Ed.)
43.330.110
43.330.110 Housing—Energy assistance. (1) The
department shall maintain an active effort to help communities, families, and individuals build and maintain capacity to
meet housing needs in Washington state. The department
shall facilitate partnerships among the many entities related
to housing issues and leverage a variety of resources and services to produce comprehensive, cost-effective, and innovative housing solutions.
(2) The department shall assist in the production, development, rehabilitation, and operation of owner-occupied or
rental housing for very low, low, and moderate-income persons; operate programs to assist home ownership, offer housing services, and provide emergency, transitional, and special
needs housing services; and qualify as a participating state
agency for all programs of the federal department of housing
and urban development or its successor. The department shall
develop or assist local governments in developing housing
plans required by the state or federal government.
(3) The department shall coordinate and administer
energy assistance and residential energy conservation and
rehabilitation programs of the federal and state government
through nonprofit organizations, local governments, and
housing authorities. [1993 c 280 § 14.]
43.330.120
43.330.120 Growth management. (1) The department
shall serve as the central coordinator for state government in
the implementation of the growth management act, chapter
36.70A RCW. The department shall work closely with all
Washington communities planning for future growth and
responding to the pressures of urban sprawl. The department
shall ensure coordinated implementation of the growth management act by state agencies.
[Title 43 RCW—page 601]
43.330.125
Title 43 RCW: State Government—Executive
(2) The department shall offer technical and financial
assistance to cities and counties planning under the growth
management act. The department shall help local officials
interpret and implement the different requirements of the act
through workshops, model ordinances, and information
materials.
(3) The department shall provide alternative dispute resolution to jurisdictions and organizations to mediate disputes
and to facilitate consistent implementation of the growth
management act. The department shall review local governments compliance with the requirements of the growth management act and make recommendations to the governor.
[1993 c 280 § 15.]
43.330.125
43.330.125 Assistance to counties and cities. The
department of community, trade, and economic development
shall provide training and technical assistance to counties and
cities to assist them in fulfilling the requirements of chapter
36.70B RCW. [1995 c 347 § 430.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
43.330.130
43.330.130 Services to poor and disadvantaged persons—Preschool children—Substance abuse—Family
services—Fire protection and emergency management.
(1) The department shall coordinate services to communities
that are directed to the poor and disadvantaged through private and public nonprofit organizations and units of general
purpose local governments. The department shall coordinate
these programs using, to the extent possible, integrated case
management methods, with other community and economic
development efforts that promote self-sufficiency.
(2) These services may include, but not be limited to,
comprehensive education services to preschool children from
low-income families, providing for human service needs and
advocacy, promoting volunteerism and citizen service as a
means for accomplishing local community and economic
development goals, coordinating and providing emergency
food assistance to distribution centers and needy individuals,
and providing for human service needs through communitybased organizations.
(3) The department shall provide local communities and
at-risk individuals with programs that provide community
protection and assist in developing strategies to reduce substance abuse. The department shall administer programs that
develop collaborative approaches to prevention, intervention,
and interdiction programs. The department shall administer
programs that support crime victims, address youth and
domestic violence problems, provide indigent defense for
low-income persons, border town disputes, and administer
family services and programs to promote the state's policy as
provided in RCW 74.14A.025.
(4) The department shall provide fire protection and
emergency management services to support and strengthen
local capacity for controlling risk to life, property, and community vitality that may result from fires, emergencies, and
disasters. [1993 c 280 § 16.]
43.330.135
43.330.135 Court-appointed special advocate programs—Funds—Eligibility. (1) The department of com[Title 43 RCW—page 602]
munity, trade, and economic development shall distribute
such funds as are appropriated for the statewide technical
support, development, and enhancement of court-appointed
special advocate programs.
(2) In order to receive money under subsection (1) of this
section, an organization providing statewide technical support, development, and enhancement of court-appointed special advocate programs must meet all of the following
requirements:
(a) The organization must provide statewide support,
development, and enhancement of court-appointed special
advocate programs that offer guardian ad litem services as
provided in RCW 26.12.175, 26.44.053, and 13.34.100;
(b) All guardians ad litem working under courtappointed special advocate programs supported, developed,
or enhanced by the organization must be volunteers and may
not receive payment for services rendered pursuant to the
program. The organization may include paid positions that
are exclusively administrative in nature, in keeping with the
scope and purpose of this section; and
(c) The organization providing statewide technical support, development, and enhancement of court-appointed special advocate programs must be a public benefit nonprofit
corporation as defined in RCW 24.03.490.
(3) If more than one organization is eligible to receive
money under this section, the department shall develop criteria for allocation of appropriated money among the eligible
organizations. [1995 c 13 § 1.]
43.330.145
43.330.145 Entrepreneurial assistance—Recipients
of temporary assistance for needy families—Cooperation
with agencies for training and industrial recruitment. (1)
The department shall ensure that none of its rules or practices
act to exclude recipients of temporary assistance for needy
families from any small business loan opportunities or entrepreneurial assistance it makes available through its community development block grant program or otherwise provides
using state or federal resources. The department shall encourage local administrators of microlending programs using
public funds to conduct outreach activities to encourage
recipients of temporary assistance for needy families to
explore self-employment as an option. The department shall
compile information on private and public sources of entrepreneurial assistance and loans for start-up businesses and
provide the department of social and health services with the
information for dissemination to recipients of temporary
assistance for needy families.
(2) The department shall, as part of its industrial recruitment efforts, work with the work force training and education
coordinating board to identify the skill sets needed by companies locating in the state. The department shall provide the
department of social and health services with the information
about the companies' needs in order that recipients of public
assistance and service providers assisting such recipients
through training and placement programs may be informed
and respond accordingly. The department shall work with the
state board for community and technical colleges, the job
skills program, the employment security department, and
other employment and training programs to facilitate the
inclusion of recipients of temporary assistance for needy
(2004 Ed.)
Department of Community, Trade, and Economic Development
families in relevant training that would make them good
employees for recruited firms.
(3) The department shall perform the duties under this
section within available funds. [1997 c 58 § 323.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
43.330.170
that oversees the distribution of housing trust fund grants and
loans to be used for the development, maintenance, and operation of housing for low-income farmworkers.
(2) A farmworker housing advisory group representing
growers, farmworkers, and other interested parties shall be
formed to assist the department in the review and priority
funding recommendations under this section. [1998 c 37 §
8.]
43.330.150
43.330.150 Fees—Conferences, workshops, training.
The department is authorized to charge reasonable fees to
cover costs for conferences, workshops, and training purposes and to expend those fees for the purposes for which
they were collected. [1994 c 284 § 1.]
Severability—Effective date—1994 c 284: See RCW 43.63B.900 and
43.63B.901.
43.330.152
43.330.152 Fees—Service and product delivery
areas. In order to extend its services and programs, the
department may charge reasonable fees for services and
products provided in the areas of financial assistance, housing, international trade, community assistance, economic
development, and other service delivery areas, except as otherwise provided. These fees are not intended to exceed the
costs of providing the service or preparing and distributing
the product. [1994 c 284 § 2.]
Severability—Effective date—1994 c 284: See RCW 43.63B.900 and
43.63B.901.
43.330.155
43.330.155 Community and economic development
fee account. The community and economic development fee
account is created in the state treasury. The department may
create subaccounts as necessary. The account consists of all
receipts from fees charged by the department under RCW
43.330.150, 43.330.152, and *43.210.110. Expenditures
from the account may be used only for the purposes of this
chapter. Only the director or the director's designee may
authorize expenditures from the account. Expenditures from
the account may be spent only after appropriation. [1994 c
284 § 4.]
*Reviser's note: RCW 43.210.110 was repealed by 1991 c 314 § 18,
effective June 30, 1997.
Severability—Effective date—1994 c 284: See RCW 43.63B.900 and
43.63B.901.
43.330.156
43.330.156 Fees—Adoption by rule. The fees authorized under RCW 43.330.150, 43.330.152, *70.95H.040, and
**43.210.110 shall be adopted by rule pursuant to chapter
34.05 RCW. [1994 c 284 § 8.]
Reviser's note: *(1) The governor vetoed 1994 c 284 § 5, the amendment to RCW 70.95H.040 that provided for fees.
**(2) RCW 43.210.110 was repealed by 1991 c 314 § 18, effective
June 30, 1997.
Severability—Effective date—1994 c 284: See RCW 43.63B.900 and
43.63B.901.
43.330.165
43.330.165 Housing for farmworkers—Proposal
review and funding recommendations—Farmworker
housing advisory group. (1) The department shall work
with the advisory group established in subsection (2) of this
section to review proposals and make prioritized funding recommendations to the department or funding approval board
(2004 Ed.)
43.330.167 Homeless families services fund—Created—Eligible activities. (1)(a) There is created in the custody of the state treasurer an account to be known as the
homeless families services fund. Revenues to the fund consist of a one-time appropriation by the legislature, private
contributions, and all other sources deposited in the fund.
(b) Expenditures from the fund may only be used for the
purposes of the program established in this section, including
administrative expenses. Only the director of the department
of community, trade, and economic development, or the
director's designee, may authorize expenditures.
(c) Expenditures from the fund are exempt from appropriations and the allotment provisions of chapter 43.88 RCW.
However, money used for program administration by the
department is subject to the allotment and budgetary controls
of chapter 43.88 RCW, and an appropriation is required for
these expenditures.
(2) The department may expend moneys from the fund to
provide state matching funds for housing-based supportive
services for homeless families over a period of at least ten
years.
(3) Activities eligible for funding through the fund
include, but are not limited to, the following:
(a) Case management;
(b) Counseling;
(c) Referrals to employment support and job training services and direct employment support and job training services;
(d) Domestic violence services and programs;
(e) Mental health treatment, services, and programs;
(f) Substance abuse treatment, services, and programs;
(g) Parenting skills education and training;
(h) Transportation assistance;
(i) Child care; and
(j) Other supportive services identified by the department to be an important link for housing stability.
(4) Organizations that may receive funds from the fund
include local housing authorities, nonprofit community or
neighborhood-based organizations, public development
authorities, federally recognized Indian tribes in the state, and
regional or statewide nonprofit housing assistance organizations. [2004 c 276 § 718.]
43.330.167
Severability—2004 c 276: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2004 c 276 § 915.]
Effective date—2004 c 276: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 1, 2004]." [2004 c 276 § 916.]
43.330.170 Statewide housing market analysis. The
office of community development of the department of com43.330.170
[Title 43 RCW—page 603]
43.330.180
Title 43 RCW: State Government—Executive
munity, trade, and economic development is directed to conduct a statewide housing market analysis by region. The purpose of the analysis is to identify areas of greatest need for the
appropriate investment of state affordable housing funds,
using vacancy data and other appropriate measures of need
for low-income housing. The analysis shall include the number and types of projects that counties have developed using
the funds collected under chapter 294, Laws of 2002. The
analysis shall be completed by September 2003, and updated
every two years thereafter. [2002 c 294 § 4.]
Findings—2002 c 294: See note following RCW 36.22.178.
43.330.180
43.330.180 Grant program for business recruitment
efforts. (1) There is established in the department a grant
program to support business recruitment efforts. The purpose
of the program is to assist local associate development organizations in business recruitment efforts by providing grants
to assist in marketing the area to businesses on a national and
international basis.
(2) Applications for funding under this section must:
(a) Be submitted by either a local associate development
organization or a consortium of associate development organizations;
(b) Contain evidence of active participation in the development of the business recruitment effort between local governments, the community, and other local development organizations that serve the region;
(c) Contain a description of the proposed project and
how it will assist the region in its business recruitment
efforts; and
(d) Contain other information the director deems necessary.
(3) In making grants under this section, the department
shall give preference to applications based on the following
criteria:
(a) The degree of leverage of other funds, including inkind match, committed to the project;
(b) The degree of community support for the proposed
project; and
(c) The degree the proposed project is coordinated with
existing state or local business recruitment efforts.
(4) The funding of an activity under this section is not an
obligation of the state of Washington to provide ongoing
funding in future years.
(5) The director may establish, by rule, such other
requirements as the director may reasonably determine necessary and appropriate to assure that the purpose of this section is satisfied. [1999 c 108 § 2.]
43.330.190
43.330.190 Reimbursement of extraordinary criminal justice costs. Counties may submit a petition for relief to
the office of public defense for reimbursement of extraordinary criminal justice costs. Extraordinary criminal justice
costs are defined as those associated with investigation, prosecution, indigent defense, jury impanelment, expert witnesses, interpreters, incarceration, and other adjudication
costs of aggravated murder cases.
(1) The office of public defense, in consultation with the
Washington association of prosecuting attorneys and the
Washington association of sheriffs and police chiefs, shall
[Title 43 RCW—page 604]
develop procedures for processing the petitions, for auditing
the veracity of the petitions, and for prioritizing the petitions.
Prioritization of the petitions shall be based on, but not limited to, such factors as disproportionate fiscal impact relative
to the county budget, efficient use of resources, and whether
the costs are extraordinary and could not be reasonably
accommodated and anticipated in the normal budget process.
(2) Before January 1st of each year, the office of public
defense, in consultation with the Washington association of
prosecuting attorneys and the Washington association of
sheriffs and police chiefs, shall develop and submit to the
appropriate fiscal committees of the senate and house of representatives a prioritized list of submitted petitions that are
recommended for funding by the legislature. [1999 c 303 §
1.]
43.330.195
43.330.195 Developmental disabilities endowment—
Definitions. The definitions in this section apply throughout
RCW 43.330.200 through 43.330.230.
(1) "Developmental disability" has the meaning in RCW
71A.10.020(3).
(2) "Developmental disabilities endowment trust fund"
means the fund established in the custody of the state treasurer in RCW 43.330.200, comprised of private, public, or
private and public sources, to finance services for persons
with developmental disabilities. All moneys in the fund, all
property and rights purchased from the fund, and all income
attributable to the fund, shall be held in trust by the state
investment board, as provided in RCW 43.33A.030, for the
exclusive benefit of fund beneficiaries. The principal and
interest of the endowment fund must be maintained until such
time as the governing board policy specifies except for the
costs and expenses of the state treasurer and the state investment board otherwise provided for in chapter 120, Laws of
2000.
(3) "Governing board" means the developmental disabilities endowment governing board in RCW 43.330.205.
(4) "Individual trust account" means accounts established within the endowment trust fund for each individual
named beneficiary for the benefit of whom contributions
have been made to the fund. The money in each of the individual accounts is held in trust as provided for in subsection
(2) of this section, and shall not be considered state funds or
revenues of the state. The governing board serves as administrator, manager, and recordkeeper for the individual trust
accounts for the benefit of the individual beneficiaries. The
policies governing the disbursements, and the qualifying services for the trust accounts, shall be established by the governing board. Individual trust accounts are separate accounts
within the developmental disabilities endowment trust fund,
and are invested for the beneficiaries through the endowment
trust fund. [2000 c 120 § 2.]
43.330.200
43.330.200 Developmental disabilities endowment—
Trust fund. (1) The developmental disabilities endowment
trust fund is created in the custody of the state treasurer.
Expenditures from the fund may be used only for the purposes of the developmental disabilities endowment established under this chapter, except for expenses of the state
investment board and the state treasurer as specified in sub(2004 Ed.)
Department of Community, Trade, and Economic Development
section (2) of this section. Only the developmental disabilities endowment governing board or the board's designee may
authorize expenditures from the fund. The fund shall retain
its interest earnings in accordance with RCW 43.79A.040.
(2) The developmental disabilities endowment governing board shall deposit in the fund all money received for the
program, including state appropriations and private contributions. With the exception of investment and operating costs
associated with the investment of money by the investment
board paid under RCW 43.33A.160 and 43.84.160 and the
expenses and operating costs of the state treasurer paid under
RCW 43.08.190 and 43.79A.040, the fund shall be credited
with all investment income earned by the fund. Disbursements from the fund are exempt from appropriations and the
allotment provisions of chapter 43.88 RCW. However,
money used for program administration by the department or
the governing board is subject to the allotment and budgetary
controls of chapter 43.88 RCW, and an appropriation is
required for these expenditures. [2000 c 120 § 3; 1999 c 384
§ 2.]
Intent—1999 c 384: "The legislature recognizes that the main and most
enduring support for persons with developmental disabilities, along with
public resources, is their immediate and extended families. The legislature
recognizes that these families are searching for ways to provide for the longterm continuing care of their disabled family member when the family can
no longer provide that care. It is the intent of the legislature to encourage and
assist families to engage in long-range financial planning and to contribute to
the lifetime care of their disabled family member. To further these objectives, this chapter is enacted to finance lifetime services and supports for persons with developmental disabilities through an endowment funded jointly
by the investment of public funds and dedicated family contributions.
The establishment of this endowment is not intended to diminish the
state's responsibility for funding services currently available to future
endowment participants, subject to available funding, nor is it the intent of
the legislature, by the creation of this public/private endowment, to impose
additional, unintended financial liabilities on the public." [2000 c 120 § 1;
1999 c 384 § 1.]
Captions not law—1999 c 384: "Captions used in this chapter are not
any part of the law." [1999 c 384 § 9.]
43.330.205
43.330.205 Developmental disabilities endowment—
Authority of state investment board—Authority of governing board. (1) The state investment board has the full
power to invest, reinvest, manage, contract, sell, or exchange
investment money in the developmental disabilities endowment trust fund. All investment and operating costs associated with the investment of money shall be paid under RCW
43.33A.160 and 43.84.160. With the exception of these
expenses, the earnings from the investment of the money
shall be retained by the fund.
(2) All investments made by the state investment board
shall be made with the exercise of that degree of judgment
and care under RCW 43.33A.140 and the investment policy
established by the state investment board.
(3) As deemed appropriate by the investment board,
money in the fund may be commingled for investment with
other funds subject to investment by the board.
(4) The authority to establish all policies relating to the
fund, other than the investment policies as set forth in subsections (1) through (3) of this section, resides with the governing board acting in accordance with the principles set forth in
RCW 43.330.220. With the exception of expenses of the state
treasurer in RCW 43.330.200 and the investment board set
forth in subsection (1) of this section, disbursements from the
(2004 Ed.)
43.330.210
fund shall be made only on the authorization of the governing
board or the board's designee, and money in the fund may be
spent only for the purposes of the developmental disabilities
endowment program as specified in this chapter.
(5) The investment board shall routinely consult and
communicate with the governing board on the investment
policy, earnings of the trust, and related needs of the program. [2000 c 120 § 4.]
43.330.210
43.330.210 Developmental disabilities endowment—
Governing board—Liability of governing board and state
investment board. The developmental disabilities endowment governing board is established to design and administer
the developmental disabilities endowment. To the extent
funds are appropriated for this purpose, the director of the
department of community, trade, and economic development
shall provide staff and administrative support to the governing board.
(1) The governing board shall consist of seven members
as follows:
(a) Three of the members, who shall be appointed by the
governor, shall be persons who have demonstrated expertise
and leadership in areas such as finance, actuarial science,
management, business, or public policy.
(b) Three members of the board, who shall be appointed
by the governor, shall be persons who have demonstrated
expertise and leadership in areas such as business, developmental disabilities service design, management, or public
policy, and shall be family members of persons with developmental disabilities.
(c) The seventh member of the board, who shall serve as
chair of the board, shall be appointed by the remaining six
members of the board.
(2) Members of the board shall serve terms of four years
and may be appointed for successive terms of four years at
the discretion of the appointing authority. However, the governor may stagger the terms of the initial six members of the
board so that approximately one-fourth of the members'
terms expire each year.
(3) Members of the board shall be compensated for their
service under RCW 43.03.240 and shall be reimbursed for
travel expenses as provided in RCW 43.03.050 and
43.03.060.
(4) The board shall meet periodically as specified by the
call of the chair, or a majority of the board.
(5) Members of the governing board and the state investment board shall not be considered an insurer of the funds or
assets of the endowment trust fund or the individual trust
accounts. Neither of these two boards or their members shall
be liable for the action or inactions [inaction] of the other.
(6) Members of the governing board and the state investment board are not liable to the state, to the fund, or to any
other person as a result of their activities as members,
whether ministerial or discretionary, except for willful dishonesty or intentional violations of law. The department and
the state investment board, respectively, may purchase liability insurance for members. [2000 c 120 § 5; 1999 c 384 § 4.]
Intent—Captions not law—1999 c 384: See notes following RCW
43.330.200.
[Title 43 RCW—page 605]
43.330.220
Title 43 RCW: State Government—Executive
43.330.220
43.330.220 Developmental disabilities endowment—
Endowment principles. The design, implementation, and
administration of the developmental disabilities endowment
shall be governed by the following principles:
(1) The design and operation of the endowment should
reward families who set aside resources for their child's
future care and provide incentives for continued caregiving
by the family.
(2) The endowment should encourage financial planning
and reward caregiving by a broad range of families, not just
those who have substantial financial resources.
(3) Families should not feel compelled to contribute to
the endowment in order to meet the needs of continuing care
for their child.
(4) All families should have equal access to developmental disabilities services not funded through the endowment
regardless of whether they contribute to the endowment.
(5) Services funded through the endowment should be
stable, ongoing, of reasonable quality, and respectful of individual and family preferences.
(6) Endowment resources should be expended economically in order to benefit as many families as possible.
(7) Endowment resources should be managed prudently
so that families can be confident that their agreement with the
endowment on behalf of their child will be honored.
(8) The private financial contribution on behalf of each
person receiving services from the endowment shall be at
least equal to the state's contribution to the endowment.
(9) In order to be matched with funding from the state's
contribution to the endowment, the private contribution on
behalf of a beneficiary must be sufficient to support the beneficiary's approved service plan for a significant portion of
the beneficiary's anticipated remaining lifetime.
(10) The rate that state appropriations to the endowment
are used to match private contributions shall be such that each
legislative appropriation to the developmental disabilities
endowment trust fund, including principal and investment
income, is not depleted in a period of less than five years.
(11) Private contributions made on behalf of a particular
individual, and the associated state match, shall only be used
for services provided upon that person's behalf.
(12) State funds contributed to the developmental disabilities endowment trust fund are to support the individual
trust accounts established by individual private contributions
made by families or other interested persons for named individual beneficiaries.
(13) The governing board shall explore methods to
solicit private donations. The governing board shall explore
mechanisms to support individuals with developmental disabilities who do not have individual private contributions
made on their behalf. The governing board shall establish
policies for the use of any private donations.
(14) Types of services funded by money managed
through the developmental disabilities endowment trust fund
shall be approved by the governing board or its designee.
[2000 c 120 § 6; 1999 c 384 § 5.]
Intent—Captions not law—1999 c 384: See notes following RCW
43.330.200.
43.330.225
43.330.225 Developmental disabilities endowment—
Development of operating plan—Elements. To the extent
[Title 43 RCW—page 606]
funds are appropriated for this purpose, the governing board
shall contract with an appropriate organization for the development of a proposed operating plan for the developmental
disabilities endowment program. The proposed operating
plan shall be consistent with the endowment principles specified in RCW 43.330.220. The plan shall address at least the
following elements:
(1) The recommended types of services to be available
through the endowment program and their projected average
costs per beneficiary;
(2) An assessment of the number of people likely to
apply for participation in the endowment under alternative
rates of matching funds, minimum service year requirements,
and contribution timing approaches;
(3) An actuarial analysis of the number of disabled beneficiaries who are likely to be supported under alternative
levels of public contribution to the endowment, and the
length of time the beneficiaries are likely to be served, under
alternative rates of matching funds, minimum service year
requirements, and contribution timing approaches;
(4) Recommended eligibility criteria for participation in
the endowment program;
(5) Recommended policies regarding withdrawal of private contributions from the endowment in cases of movement
out of state, death of the beneficiary, or other circumstances;
(6) Recommended matching rate of public and private
contributions and, for each beneficiary, the maximum annual
and lifetime amount of private contributions eligible for public matching funds;
(7) The recommended minimum years of service on
behalf of a beneficiary that must be supported by private contributions in order for the contributions to qualify for public
matching funds from the endowment;
(8) The recommended schedule according to which lump
sum or periodic private contributions should be made to the
endowment in order to qualify for public matching funds;
(9) A recommended program for educating families
about the endowment, and about planning for their child's
long-term future; and
(10) Recommended criteria and procedure for selecting
an organization or organizations to administer the developmental disabilities endowment program, and projected
administrative costs. [2000 c 120 § 7.]
43.330.230
43.330.230 Developmental disabilities endowment—
Program implementation and administration. Based on
the proposed operating plan under RCW 43.330.225, and to
the extent funds are appropriated for this purpose, the developmental disabilities endowment governing board shall
implement and administer, or contract for the administration
of, the developmental disabilities endowment program under
the principles specified in RCW 43.330.220. By December 1,
2000, and prior to implementation, the final program design
shall be submitted to the appropriate committees of the legislature.
The secretary of the department of social and health services shall seek to maximize federal reimbursement and
matching funds for expenditures made under the endowment
program, and shall seek waivers from federal requirements as
necessary for the receipt of federal funds.
(2004 Ed.)
Department of Community, Trade, and Economic Development
The governing board may receive gifts, grants, and
endowments from public or private sources as may be made
from time to time, in trust or otherwise, for the use and benefit of the purposes of the endowment program and may
expend the gifts, grants, and endowments according to their
terms. [2000 c 120 § 8; 1999 c 384 § 7.]
Intent—Captions not law—1999 c 384: See notes following RCW
43.330.200.
43.330.240
43.330.240 Developmental disabilities endowment—
Rules. The department of community, trade, and economic
development shall adopt rules for the implementation of policies established by the governing board in RCW 43.330.200
through 43.330.230. Such rules will be consistent with those
statutes and chapter 34.05 RCW. [2000 c 120 § 9.]
43.330.900
43.330.900 References to director and department.
(1) All references to the director or department of community
development in the Revised Code of Washington shall be
construed to mean the director of community, trade, and economic development or the department of community, trade,
and economic development.
(2) All references to the director or department of trade
and economic development in the Revised Code of Washington shall be construed to mean the director of community,
trade, and economic development or the department of community, trade, and economic development. [1993 c 280 §
79.]
43.330.901
43.330.901 Captions. Captions used in this chapter do
not constitute part of the law. [1993 c 280 § 83.]
43.330.902
43.330.902 Effective date—1993 c 280. Sections 1
through 7, 9 through 79, 82, and 83 of this act shall take effect
March 1, 1994. [1994 c 5 § 2; 1993 c 280 § 86.]
43.330.9021
43.330.9021 Effective date—1994 c 5. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect March 1,
1994. [1994 c 5 § 3.]
43.330.903
43.330.903 Severability—1993 c 280. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 280 § 87.]
43.330.904
43.330.904 Transfer of certain state energy office
powers, duties, and functions—References to director—
Appointment of assistant director. (1) All powers, duties,
and functions of the state energy office relating to energy
resource policy and planning and energy facility siting are
transferred to the department of community, trade, and economic development. All references to the director or the state
energy office in the Revised Code of Washington shall be
construed to mean the director or the department of community, trade, and economic development when referring to the
functions transferred in this section.
(2004 Ed.)
43.330.904
The director shall appoint an assistant director for energy
policy, and energy policy staff shall have no additional
responsibilities beyond activities concerning energy policy.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the state
energy office pertaining to the powers, functions, and duties
transferred shall be delivered to the custody of the department of community, trade, and economic development. All
cabinets, furniture, office equipment, software, data base,
motor vehicles, and other tangible property employed by the
state energy office in carrying out the powers, functions, and
duties transferred shall be made available to the department
of community, trade, and economic development.
(b) Any appropriations made to the state energy office
for carrying out the powers, functions, and duties transferred
shall, on July 1, 1996, be transferred and credited to the
department of community, trade, and economic development.
(c) Whenever any question arises as to the transfer of any
funds, books, documents, records, papers, files, software,
data base, equipment, or other tangible property used or held
in the exercise of the powers and the performance of the
duties and functions transferred, the director of financial
management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of the state energy office engaged in
performing the powers, functions, and duties pertaining to the
energy facility site evaluation council are transferred to the
jurisdiction of the department of community, trade, and economic development. All employees engaged in energy facility site evaluation council duties classified under chapter
41.06 RCW, the state civil service law, are assigned to the
department of community, trade, and economic development
to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that
may be appropriate thereafter in accordance with the laws
and rules governing state civil service.
(4) All rules and all pending business before the state
energy office pertaining to the powers, functions, and duties
transferred shall be continued and acted upon by the department of community, trade, and economic development. All
existing contracts and obligations shall remain in full force
and shall be performed by the department of community,
trade, and economic development.
(5) The transfer of the powers, duties, and functions of
the state energy office does not affect the validity of any act
performed before July 1, 1996.
(6) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of the office of financial management shall certify the apportionments to the agencies affected, the state auditor, and the
state treasurer. Each of these shall make the appropriate
transfer and adjustments in funds and appropriation.
(7) The department of community, trade, and economic
development shall direct the closure of the financial records
of the state energy office.
(8) Responsibility for implementing energy education,
applied research, and technology transfer programs rests with
Washington State University. The department of community,
trade, and economic development shall provide Washington
State University available existing and future oil overcharge
restitution and federal energy block funding for a minimum
[Title 43 RCW—page 607]
Chapter 43.332
Title 43 RCW: State Government—Executive
period of five years to carry out energy programs under an
interagency agreement with the department of community,
trade, and economic development. The interagency agreement shall also outline the working relationship between the
department of community, trade, and economic development
and Washington State University as it pertains to the relationship between energy policy development and public outreach. Nothing in chapter 186, Laws of 1996 prohibits Washington State University from seeking grant, contract, or feefor-service funding for energy or related programs directly
from other entities. [1996 c 186 § 101.]
Findings—Intent—1996 c 186: "The legislature finds responsibilities
of state government need to be limited to core services in support of public
safety and welfare. Services provided by the Washington state energy office
are primarily advisory and can be eliminated. The legislature further finds a
need to redefine the state's role in energy-related regulatory functions. The
state may be better served by allowing regulatory functions to be performed
by other appropriate entities, simplifying state government while maintaining core services. Further, it is the intent of the legislature that the state continue to receive oil overcharge restitution funds for our citizens while every
effort is being made to maximize federal funds available for energy conservation purposes." [1996 c 186 § 1.]
Part headings not law—1996 c 186: "Part headings used in this act do
not constitute part of the law." [1996 c 186 § 602.]
Effective date—1996 c 186: "This act shall take effect July 1, 1996."
[1996 c 186 § 603.]
Chapter 43.332
Chapter 43.332 RCW
OFFICE OF THE WASHINGTON
STATE TRADE REPRESENTATIVE
Sections
43.332.005
43.332.010
43.332.020
Findings—Purpose.
Office created—Duties.
Gifts, grants—Bank account.
43.332.005
43.332.005 Findings—Purpose. (1) The legislature
finds that:
(a) The expansion of international trade is vital to the
overall growth of Washington's economy;
(b) On a per capita basis, Washington state is the most
international trade dependent state in the nation;
(c) The North American free trade agreement (NAFTA)
and the general agreement on tariffs and trade (GATT) highlight the increased importance of international trade opportunities to the United States and the state of Washington;
(d) The passage of NAFTA and GATT will have a major
impact on the state's agriculture, aerospace, computer software, and textiles and apparel sectors;
(e) There is a need to strengthen and coordinate the
state's activities in promoting and developing its agricultural,
manufacturing, and service industries overseas, especially for
small and medium-sized businesses, and minority and
women-owned business enterprises; and
(f) The importance of having a coherent vision for
advancing Washington state's interest in the global economy
has rarely been so consequential as it is now.
(2) The legislature declares that the purpose of the office
of the Washington state trade representative is to:
(a) Strengthen and expand the state's activities in marketing its goods and services overseas;
[Title 43 RCW—page 608]
(b) Review and analyze proposed international trade
agreements to assess their impact on goods and services produced by Washington businesses; and
(c) Inform the legislature about ongoing trade negotiations, trade development, and the possible impacts on Washington's economy. [2003 c 346 § 1; 1995 c 350 § 1.]
43.332.010
43.332.010 Office created—Duties. (1) The office of
the Washington state trade representative is created in the
office of the governor. The office shall serve as the state's
official liaison with foreign governments on trade matters.
(2) The office shall:
(a) Work with the department of community, trade, and
economic development, the department of agriculture, and
other appropriate state agencies, and within the agencies'
existing resources, review and analyze proposed and enacted
international trade agreements and provide an assessment of
the impact of the proposed or enacted agreement on Washington's businesses and firms;
(b) Provide input to the office of the United States trade
representative in the development of international trade,
commodity, and direct investment policies that reflect the
concerns of the state of Washington;
(c) Serve as liaison to the legislature on matters of trade
policy oversight including, but not limited to, updates to the
legislature regarding the status of trade negotiations, trade litigation, and the impacts of trade policy on Washington state
businesses;
(d) Work with the international trade division of the
department of community, trade, and economic development
and the international marketing program of the Washington
state department of agriculture to develop a statewide strategy designed to increase the export of Washington goods and
services, particularly goods and services from small and
medium-sized businesses; and
(e) Conduct other activities the governor deems necessary to promote international trade and foreign investment
within the state.
(3) The office shall prepare and submit an annual report
on its activities under subsection (2) of this section to the
governor and appropriate committees of the legislature.
[2003 c 346 § 2; 1995 c 350 § 2.]
Reviser's note: Substitute House Bill No. 1059, Substitute House Bill
No. 1173, and Engrossed Substitute House Bill No. 1827 were enacted during the 2003 regular session of the legislature, but were vetoed in part by the
governor. A stipulated judgment, No. 03-2-01988-4 filed in the Superior
Court of Thurston County, between the governor and the legislature, settled
litigation over the governor's use of veto powers and declared the vetoes of
SHB 1059, SHB 1173, and ESHB 1827 null and void. Consequently, the
text of this section has been returned to the version passed by the legislature
prior to the vetoes. For vetoed text and message, see chapter 346, Laws of
2003.
43.332.020
43.332.020 Gifts, grants—Bank account. The office
of the Washington state trade representative may accept or
request grants or gifts from citizens and other private sources
to be used to defray the costs of appropriate hosting of foreign dignitaries, including appropriate gift-giving and reciprocal gift-giving, or other activities of the office. The office
shall open and maintain a bank account into which it shall
deposit all money received under this section. Such money
and the interest accruing thereon shall not constitute public
(2004 Ed.)
Tobacco Settlement Authority
funds, shall be kept segregated and apart from funds of the
state, and shall not be subject to appropriation or allotment by
the state or subject to chapter 43.88 RCW. [2003 c 346 § 3.]
Chapter 43.340 RCW
TOBACCO SETTLEMENT AUTHORITY
Chapter 43.340
Sections
43.340.005
43.340.010
43.340.020
43.340.030
43.340.040
43.340.050
43.340.060
43.340.070
43.340.080
43.340.090
43.340.100
43.340.110
43.340.120
43.340.900
43.340.901
43.340.902
Purpose—Construction.
Definitions.
Tobacco settlement authority—Governing board—Meetings—Staff support.
Tobacco settlement authority—Powers—Rule-making authority.
Financing powers.
Bonds.
Bonds—Obligations of authority—Not obligations of state.
Bonds—Legal investments.
Sale of rights in master settlement agreement.
Limitation of liability.
Bankruptcy—Contractual obligation to contain section.
Dissolution of authority.
Tobacco securitization trust account.
Captions not law—2002 c 365.
Severability—2002 c 365.
Effective date—2002 c 365.
43.340.005
43.340.005 Purpose—Construction. The legislature
declares it to be the public policy of the state and a recognized
governmental function to assist in securitizing the revenue
stream from the master settlement agreement between the
state and tobacco product manufacturers in order to provide a
current and reliable source of revenue for the state. The purpose of this chapter is to establish a tobacco settlement
authority having the power to purchase certain rights of the
state under the master settlement agreement and to issue nonrecourse revenue bonds to pay outstanding obligations of the
state in order to make funds available for increased costs of
health care, long-term care, and other programs of the state.
This chapter, being necessary for the welfare of the state and
its inhabitants, shall be liberally construed to effect the purposes thereof. [2002 c 365 § 1.]
43.340.010
43.340.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Authority" means the tobacco settlement authority
created in this chapter.
(2) "Board" means the governing board of the authority.
(3) "Bonds" means bonds, notes, and other obligations
and financing arrangements issued or entered into by the
authority under this chapter.
(4) "Master settlement agreement" means the national
master settlement agreement and related documents entered
into on November 23, 1998, by the state and the four principal United States tobacco product manufacturers, as amended
and supplemented, for the settlement of litigation brought by
the state against the tobacco product manufacturers.
(5) "Sales agreement" means any agreement authorized
under this chapter in which the state provides for the sale to
the authority of a portion of the payments required to be made
by tobacco product manufacturers to the state and the state's
rights to receive such payments, pursuant to the master settlement agreement. [2002 c 365 § 2.]
(2004 Ed.)
43.340.030
43.340.020
43.340.020 Tobacco settlement authority—Governing board—Meetings—Staff support. (1) The tobacco settlement authority is created and constitutes a public instrumentality and agency of the state, separate and distinct from
the state, exercising public and essential governmental functions. The authority is a public body within the meaning of
RCW 39.53.010.
(2) The powers of the authority are vested in and shall be
exercised by a board consisting of five directors appointed by
the governor, one of whom shall be appointed by the governor as chair of the authority and who shall serve on the
authority and as chair of the authority at the pleasure of the
governor. The governor shall make the initial appointments
no later than thirty days after April 4, 2002. The term of the
directors, other than the chair, shall be four years from the
date of their appointment, except that the terms of two of the
initial appointees, as determined by the governor, shall be for
two years from the date of their appointment. A director may
be removed by the governor for cause under RCW 43.06.070
and 43.06.080. The governor shall fill any vacancy on the
board by appointment for the remainder of the unexpired
term. The members of the authority shall be compensated in
accordance with RCW 43.03.240 and may be reimbursed,
solely from the funds of the authority, for expenses incurred
in the discharge of their duties under this chapter, subject to
RCW 43.03.050 and 43.03.060.
(3) Three members of the board constitute a quorum.
(4) The members shall elect a treasurer and secretary
annually, and other officers as the members determine necessary.
(5) Meetings of the board shall be held in accordance
with the open public meetings act, chapter 42.30 RCW, and
at the call of the chair or when a majority of the members so
requests. Meetings of the board may be held at any location
within or out of the state, and members of the board may participate in a meeting of the board by means of a conference
telephone or similar communication equipment under RCW
23B.08.200.
(6) The staff of the state housing finance commission
under chapter 43.180 RCW shall provide administrative and
staff support to the authority and shall be compensated for its
services solely from the funds of the authority. [2002 c 365 §
3.]
43.340.030
43.340.030 Tobacco settlement authority—Powers—
Rule-making authority. (1) The authority has all the general powers necessary to carry out its purposes and duties and
to exercise its specific powers. In addition to other powers
specified in this chapter, the authority may:
(a) Sue and be sued in its own name;
(b) Make and execute agreements, contracts, and other
instruments, with any public or private person, in accordance
with this chapter;
(c) Employ, contract with, or engage independent counsel, bond counsel, other attorneys, financial advisors, investment bankers, auditors, other technical or professional assistants, and such other personnel as are necessary and recommended by the state housing finance commission staff;
(d) Invest or deposit moneys of the authority in any manner determined by the authority and enter into hedge agreements, swap agreements, or other financial products, includ[Title 43 RCW—page 609]
43.340.040
Title 43 RCW: State Government—Executive
ing payment agreements defined under RCW 39.96.020(5).
The authority is not a governmental entity for purposes of
chapter 39.96 RCW;
(e) Establish such special funds, and controls on deposits
to and disbursements from them, as it finds convenient for the
implementation of this chapter;
(f) Procure insurance, other credit enhancements, and
other financing arrangements for its bonds to fulfill its purposes under this chapter, including but not limited to municipal bond insurance and letters of credit;
(g) Accept appropriations, gifts, grants, loans, or other
aid from public or private entities;
(h) Adopt rules, consistent with this chapter, as the board
determines necessary;
(i) Delegate any of its powers and duties if consistent
with the purposes of this chapter; and
(j) Exercise any other power reasonably required to
implement the purposes of this chapter.
(2) The authority does not have the power of eminent
domain and does not have the power to levy taxes of any
kind. [2002 c 365 § 6.]
43.340.040
43.340.040 Financing powers. In addition to other
powers and duties prescribed in this chapter, the authority is
empowered to:
(1) Establish a stable source of revenue to be used for the
purposes designated in this chapter;
(2) Enter into sales agreements with the state for purchase of a portion of the amounts otherwise due to the state
under the master settlement agreement, and of the state's
rights to receive such amounts;
(3) Issue bonds, the interest and gain on which may or
may not be exempt from general federal income taxation, in
one or more series, and to refund or refinance its debt and
obligations;
(4) Sell, pledge, or assign, as security, all or a portion of
the revenues derived by the authority under any sales agreement, to provide for and secure the issuance of its bonds;
(5) Provide for the investment of any funds, including
funds held in reserve, not required for immediate disbursement, and provide for the selection of investments;
(6) Manage its funds, obligations, and investments as
necessary and as consistent with its purpose; and
(7) Implement the purposes of this chapter. [2002 c 365
§ 5.]
43.340.050
43.340.050 Bonds. (1) The authority may issue its
bonds in principal amounts which, in the opinion of the
authority, are necessary to provide sufficient funds for
achievement of its purposes, the payment of debt service on
its bonds, the establishment of reserves to secure the bonds,
the costs of issuance of its bonds and credit enhancements, if
any, and all other expenditures of the authority incident to
and necessary to carry out its purposes or powers. The
authority may also issue refunding bonds, including advance
refunding bonds, for the purpose of refunding previously
issued bonds, and may issue other types of bonds, debt obligations, and financing arrangements necessary to fulfill its
purposes or the purposes of this chapter. The bonds are
investment securities and negotiable instruments within the
[Title 43 RCW—page 610]
meaning of and for the purposes of the uniform commercial
code.
(2) The authority's bonds shall bear such date or dates,
mature at such time or times, be in such denominations, be in
such form, be registered or registrable in such manner, be
made transferable, exchangeable, and interchangeable, be
payable in such medium of payment, at such place or places,
be subject to such terms of redemption, bear such fixed or
variable rate or rates of interest, be taxable or tax exempt, be
payable at such time or times, and be sold in such manner and
at such price or prices, as the authority determines. The bonds
shall be executed by one or more officers of the authority, and
by the trustee or paying agent if the authority determines to
use a trustee or paying agent for the bonds. Execution of the
bonds may be by manual or facsimile signature, provided that
at least one signature on the bond is manual.
(3) The bonds of the authority shall be subject to such
terms, conditions, covenants, and protective provisions as are
found necessary or desirable by the authority, including, but
not limited to, pledges of the authority's assets, setting aside
of reserves, and other provisions the authority finds are necessary or desirable for the security of bondholders.
(4) Any revenue pledged by the authority to be received
under the sales agreement or in special funds created by the
authority shall be valid and binding at the time the pledge is
made. Receipts so pledged and then or thereafter received by
the authority and any securities in which such receipts may be
invested shall immediately be subject to the lien of such
pledge without any physical delivery thereof or further act.
The lien of any such pledge shall be valid and binding as
against all parties having claims of any kind against the
authority, whether such parties have notice of the lien. Notwithstanding any other provision to the contrary, the resolution or indenture of the authority or any other instrument by
which a pledge is created need not be recorded or filed pursuant to chapter 62A.9A RCW to perfect such pledge. The
authority shall constitute a governmental unit within the
meaning of RCW 62A.9A-102(a)(45).
(5) When issuing bonds, the authority may provide for
the future issuance of additional bonds or parity debt on a
parity with outstanding bonds, and the terms and conditions
of their issuance. The authority may issue refunding bonds in
accordance with chapter 39.53 RCW or issue bonds with a
subordinate lien against the fund or funds securing outstanding bonds.
(6) The board and any person executing the bonds are
not liable personally on the indebtedness or subject to any
personal liability or accountability by reason of the issuance
thereof.
(7) The authority may, out of any fund available therefor,
purchase its bonds in the open market. [2002 c 365 § 8.]
43.340.060 Bonds—Obligations of authority—Not
obligations of state. (1) Bonds issued under this chapter
shall be issued in the name of the authority. The bonds shall
not be obligations of the state of Washington and shall be
obligations only of the authority, payable solely from the special fund or funds created by the authority for their payment.
(2) Bonds issued under this chapter shall contain a recital
on their face to the effect that payment of the principal of,
interest on, and prepayment premium, if any, on the bonds
43.340.060
(2004 Ed.)
Tobacco Settlement Authority
shall be a valid claim only as against the special fund or funds
relating thereto, that neither the faith and credit nor the taxing
power of the state or any municipal corporation, subdivision,
or agency of the state, other than the authority as set forth in
this chapter, is pledged to the payment of the principal of,
interest on, and prepayment premium, if any, on the bonds.
(3) Contracts entered into by the authority shall be
entered into in the name of the authority and not in the name
of the state of Washington. The obligations of the authority
under the contracts shall be obligations only of the authority
and are not in any way obligations of the state of Washington.
[2002 c 365 § 4.]
43.340.070
43.340.070 Bonds—Legal investments. Bonds issued
under this chapter are hereby made securities in which all
insurance companies, trust companies in their commercial
departments, savings banks, cooperative banks, banking
associations, investment companies, executors, trustees and
other fiduciaries, and all other persons whatsoever who are
now or may hereafter be authorized to invest in obligations of
the state may properly and legally invest funds, including
capital in their control or belonging to them. [2002 c 365 §
9.]
43.340.080
43.340.080 Sale of rights in master settlement agreement. (1) The governor is authorized to sell and assign to the
authority all of the state's right to receive a portion of the
state's annual share of the revenue derived from the master
settlement agreement for litigation brought by the state
against tobacco product manufacturers. The portion of the
state's share sold and assigned shall be determined by the
governor in an amount necessary to generate net proceeds to
the state for deposit to the tobacco securitization trust account
under RCW 43.340.120 up to four hundred fifty million dollars. The attorney general shall assist the governor in the
review of all necessary documentation to effect the sale. The
governor and the authority are authorized to take any action
necessary to facilitate and complete the sale.
(2) The sale made under this section is irrevocable so
long as bonds issued under this chapter remain outstanding.
The portion of the revenue sold to the authority shall be
pledged to the bondholders. The sale and assignment shall
constitute and be treated as a true sale and absolute transfer of
the revenue so transferred and not as a pledge or other security interest granted by the state for any borrowing. The characterization of such a sale as an absolute transfer shall not be
negated or adversely affected by the fact that only a portion
of the revenue from the master settlement agreement is being
sold and assigned, or by the state's acquisition or retention of
an ownership interest in the portion of the revenue from the
master settlement agreement not so assigned.
(3) In addition to such other terms, provisions, and conditions as the governor and the authority may determine
appropriate for inclusion in the sale agreements, the sale
agreements shall contain (a) a covenant of the state that the
state will not agree to any amendment of the master settlement agreement that materially and adversely affects the
authority's ability to receive the portion of the state's share of
master settlement agreement payments that have been sold to
the authority; (b) a requirement that the state enforce, at its
(2004 Ed.)
43.340.120
own expense, the provisions of the master settlement agreement that require the payment of the portion of the state's
share of master settlement agreement payments that have
been sold to the authority; and (c) a covenant that the state
shall take no action that would adversely affect the taxexempt status of any tax-exempt bonds of the authority.
(4) On or after the effective date of the sale, the state
shall not have any right, title, or interest in the portion of the
state's share of the master settlement agreement revenue sold
and such portion shall be the property of the authority and not
the state, and shall be owned, received, held, and disbursed
by the authority or its trustee or assignee, and not the state.
(5) The terms of the state's sale to the authority of a portion of the master settlement agreement revenue shall provide
that the portion shall be paid directly to the authority or its
trustee or assignee. The revenue sold and assigned shall not
be received in the treasury of the state and shall not be or
deemed to be general state revenues as that term is used in
Article VIII, section 1 of the state Constitution. [2002 c 365
§ 7.]
43.340.090
43.340.090 Limitation of liability. Members of the
board and persons acting in the authority's behalf, while acting within the scope of their employment or agency, are not
subject to personal liability resulting from carrying out the
powers and duties conferred on them under this chapter.
[2002 c 365 § 10.]
43.340.100
43.340.100 Bankruptcy—Contractual obligation to
contain section. Prior to the date that is three hundred
sixty-six days after which the authority no longer has any
bonds outstanding, the authority is prohibited from filing a
voluntary petition under chapter 9 of the federal bankruptcy
code or such corresponding chapter or section as may, from
time to time, be in effect, and a public official or organization, entity, or other person shall not authorize the authority
to be or become a debtor under chapter 9 or any successor or
corresponding chapter or sections during such periods. This
section shall be part of any contractual obligation owed to the
holders of bonds issued under this chapter. Any such contractual obligation shall not subsequently be modified by state
law during the period of the contractual obligation. [2002 c
365 § 11.]
43.340.110
43.340.110 Dissolution of authority. The authority
shall dissolve no later than two years from the date of final
payment of all of its outstanding bonds and the satisfaction of
all outstanding obligations of the authority, except to the
extent necessary to remain in existence to fulfill any outstanding covenants or provisions with bondholders or third
parties made in accordance with this chapter. Upon dissolution of the authority, all assets of the authority shall be
returned to the state and shall be deposited in the state general
fund, and the authority shall execute any necessary assignments or instruments, including any assignment of any right,
title, or ownership to the state for receipt of payments under
the master settlement agreement. [2002 c 365 § 12.]
43.340.120
43.340.120 Tobacco securitization trust account. The
state treasurer shall deposit the proceeds of the sale of reve[Title 43 RCW—page 611]
43.340.900
Title 43 RCW: State Government—Executive
nue under this chapter into the tobacco securitization trust
account hereby created and held in the custody of the state
treasurer. Moneys in the tobacco securitization trust account
shall be subject to such appropriations and transfers as may
be provided by law and shall be used for capital expenditures,
debt service on outstanding bonds of the state, or for other
purposes as permitted by law. The sales agreement under this
chapter shall provide for the state to allocate the use of proceeds of the bonds issued by the authority to enable interest
on all or a portion of the bonds to be excluded from income
for federal tax law purposes. [2002 c 365 § 13.]
43.950.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application to
any person or circumstance is held invalid, the remainder of
the title, or the application of the provision to other persons or
circumstances is not affected. [1965 c 8 § 43.198.030. Formerly RCW 43.198.030.]
43.950.030
43.950.040 Repeals and saving.
43.198.040. Formerly RCW 43.198.040.
43.950.040
See 1965 c 8 §
43.340.900
43.340.900 Captions not law—2002 c 365. Captions
used in this act are not any part of the law. [2002 c 365 § 16.]
43.340.901
43.340.901 Severability—2002 c 365. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2002 c 365 § 18.]
43.340.902
43.340.902 Effective date—2002 c 365. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[April 4, 2002]. [2002 c 365 § 19.]
Chapter 43.950
Chapter 43.950 RCW
CONSTRUCTION
Sections
43.950.010
43.950.020
43.950.030
43.950.040
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Repeals and saving.
43.950.010
43.950.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter, and relating to
the same subject matter, shall be construed as restatements
and continuations, and not as new enactments. Nothing in
this 1965 reenactment of this title shall be construed as authorizing any new bond issues or new or additional appropriations of moneys but the bond issue authorizations herein contained shall be construed only as continuations of bond issues
authorized by prior laws herein repealed and reenacted, and
the appropriations of moneys herein contained are continued
herein for historical purposes only and this act shall not be
construed as a reappropriation thereof and no appropriation
contained herein shall be deemed to be extended or revived
hereby and such appropriation shall lapse or shall have lapsed
in accordance with the original enactment. [1965 c 8 §
43.198.010. Formerly RCW 43.198.010.]
43.950.020
43.950.020 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any
part of the law. [1965 c 8 § 43.198.020. Formerly RCW
43.198.020.]
[Title 43 RCW—page 612]
(2004 Ed.)
Title 44
Chapters
44.04
44.05
44.07D
44.16
44.20
44.28
44.39
44.40
44.44
44.48
44.52
44.55
44.68
44.75
Title 44
STATE GOVERNMENT—LEGISLATIVE
General provisions.
Washington State Redistricting Act.
Legislative districts and apportionment.
Legislative inquiry.
Session laws.
Joint legislative audit and review committee.
Joint committee on energy supply.
Legislative transportation committee—Senate
and house transportation committees.
Office of state actuary—Joint committee on
pension policy.
Legislative evaluation and accountability program committee.
Legislative committee on economic development.
Joint legislative oversight committee on trade
policy.
Joint legislative systems committee.
Transportation performance audit board.
Adjournments: State Constitution Art. 2 § 11.
Administrative rules, review by rules review committee of the legislature:
RCW 34.05.610 through 34.05.660.
Annual and special sessions: State Constitution Art. 2 § 12.
Apportionment: State Constitution Art. 22.
Attorney general, legal adviser for legislature: RCW 43.10.030.
Bills
drafting service maintained by code reviser: RCW 1.08.027.
origin and amendment: State Constitution Art. 2 § 20.
passage, requirements for: State Constitution Art. 2 § 22.
printing of bills by public printer: RCW 43.78.030.
private interest in: State Constitution Art. 2 § 30.
style: State Constitution Art. 2 § 18.
time for introduction of: State Constitution Art. 2 § 36.
to embrace one subject: State Constitution Art. 2 § 19.
Bribery or corrupt solicitation of legislators: State Constitution Art. 2 § 30.
Campaign financing, disclosure of: Chapter 42.17 RCW.
Census, to provide for: State Constitution Art. 2 § 3.
Commission on uniform legislation: Chapter 43.56 RCW.
Compelling attendance: State Constitution Art. 2 § 8.
Compensation of members
amount of: RCW 43.03.010.
appointees to office of state legislator: RCW 43.03.015.
extra compensation prohibited: State Constitution Art. 2 § 25.
how determined: State Constitution Art. 28 § 1.
Compensation of state officers, legislature to determine: State Constitution
Art. 28 § 1.
Composition: State Constitution Art. 2 § 2.
Constitutional provisions relating to legislature: State Constitution Art. 2.
Contempt of legislature, how punished: State Constitution Art. 2 § 9.
Contested elections of state elective officers, legislature to decide: State
Constitution Art. 3 § 4.
Continuity of government act: Chapter 42.14 RCW.
Council for the prevention of child abuse and neglect, legislators as ex officio members: RCW 43.121.020.
Counties
government, legislature to provide for: State Constitution Art. 11 § 4.
(2004 Ed.)
officers, legislature to provide for and fix compensation: State Constitution Art. 11 § 5; Art. 11 § 8.
Crimes relating to legislature: Chapter 9.55 RCW.
Elections
certification to legislature of returns: RCW 43.07.030.
judges of own election and qualifications: State Constitution Art. 2 § 8.
officers of legislature: State Constitution Art. 2 § 10.
qualifications of legislators: State Constitution Art. 2 § 7.
registration laws, legislature to enact: State Constitution Art. 6 § 7.
representatives: State Constitution Art. 2 § 4.
secrecy of voting, legislature to provide for: State Constitution Art. 6 § 6.
senators: State Constitution Art. 2 § 6.
time for holding: State Constitution Art. 2 § 5.
voice vote required: State Constitution Art. 2 § 27.
Ethics in public service act: Chapter 42.52 RCW.
Expulsion of member: State Constitution Art. 2 § 9.
Extraordinary sessions convened by governor: State Constitution Art. 3 § 7.
Financial disclosure by members: Chapter 42.17 RCW.
Fiscal notes on legislation: Chapter 43.88A RCW.
Free transportation prohibited: State Constitution Art. 2 § 39; Art. 12 § 20.
Freedom of debate: State Constitution Art. 2 § 17.
Governor-elect, appropriation for office and staff: RCW 43.06.055.
Governor's message to legislature: State Constitution Art. 3 § 6.
Harbor line commission, legislature shall provide for: State Constitution
Art. 15 § 1.
Health professions, legislation regulating: Chapter 18.120 RCW.
Homestead and other property exemptions of families, legislature to protect:
State Constitution Art. 19 § 1.
Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Immunity of members from arrest: State Constitution Art. 2 § 16.
Impeachment: State Constitution Art. 5 §§ 1, 2.
Initiative and referendum: State Constitution Art. 2 § 1; chapter 29A.72
RCW.
Joint administrative rules review committee: RCW 34.05.610 through
34.05.681.
Journals
distribution of copies: RCW 40.04.090.
each house to keep: State Constitution Art. 2 § 11.
entry of vote upon: State Constitution Art. 2 § 21.
public printer to print and bind: RCW 43.78.030.
secretary of state as custodian: RCW 43.07.040.
Judiciary
inferior courts, legislature to prescribe jurisdiction and powers of: State
Constitution Art. 4 § 12.
justices of the peace, number, powers, duties and jurisdiction to be fixed
by legislature: State Constitution Art. 4 § 10.
publication of supreme court opinions to be provided for by legislature:
State Constitution Art. 4 § 21.
supreme court judges, legislature may increase number: State Constitution Art. 4 § 2.
Legislation
effective date: State Constitution Art. 2 § 41.
how signed: State Constitution Art. 2 § 32.
limitation of amendments: State Constitution Art. 2 § 38.
secretary of state custodian of acts, resolutions and journals: RCW
43.07.040.
section amended must be set forth in full: State Constitution Art. 2 § 37.
[Title 44 RCW—page 1]
Chapter 44.04
Title 44 RCW: State Government—Legislative
special legislation prohibited: State Constitution Art. 2 § 28.
time limitation for introduction: State Constitution Art. 2 § 36.
veto: State Constitution Art. 3 § 12.
Legislators as retired state employees for insurance purposes: RCW
41.05.080.
Legislature
community college bonds, legislature may provide additional means for
payment of principal and interest on: RCW 28B.50.400.
studies on environmental problems by director of ecology: RCW
43.21A.130.
workers' compensation, joint committee: See note following RCW
51.04.110.
Vacancies
acceptance of federal office vacates seat: State Constitution Art. 2 § 14.
how filled: State Constitution Art. 2 § 15.
term of person elected to fill: RCW 42.12.030.
Limitations on holding other public office: State Constitution Art. 2 §§ 13,
14.
Sections
Local government redistricting: Chapter 29A.76 RCW.
Medicine and surgery, legislature to enact laws to regulate: State Constitution Art. 20 § 2.
Microfilming of records to provide continuity of civil government: Chapter
40.10 RCW.
Mileage: State Constitution Art. 2 § 23; RCW 43.03.010.
Militia, legislature to provide for: State Constitution Art. 10 § 2.
Misconduct of public officers: Chapter 42.20 RCW.
Municipal corporations
combined city and county, legislature to provide for: State Constitution
Art. 11 § 16.
incorporation, provisions for to be provided by legislature: State Constitution Art. 11 § 10.
limitation on power of legislature to levy taxes upon: State Constitution
Art. 11 § 12.
local improvement by special assessments, legislature may provide: State
Constitution Art. 7 § 9.
Navigable waters, right to lease land for wharves, docks, etc., legislature to
provide laws for: State Constitution Art. 15 § 2.
Private interest of legislator in bill: State Constitution Art. 2 § 30.
Privilege from arrest: State Constitution Art. 2 § 16.
Qualifications of legislators: State Constitution Art. 2 § 7.
Quorum: State Constitution Art. 2 § 8.
Reapportionment: State Constitution Art. 2 § 3.
Recall: State Constitution Art. 1 §§ 33, 34; chapter 29A.56 RCW.
Records of legislature kept by secretary of state: State Constitution Art. 3 §
17.
Reprieves, commutations, and pardons, governor to report to legislature:
State Constitution Art. 3 § 11.
Revised Code of Washington, legislators to receive copies of: RCW
1.08.070.
Salaries: RCW 43.03.010.
Schools, legislature to provide for: State Constitution Art. 9 § 2.
Veto: State Constitution Art. 3 § 12.
Washington scholars' program, participation in: RCW 28A.600.010
through 28A.600.150.
Chapter 44.04
44.04.010
44.04.015
44.04.021
44.04.040
44.04.041
44.04.050
44.04.051
44.04.060
44.04.070
44.04.090
44.04.100
44.04.120
44.04.125
44.04.130
44.04.140
44.04.170
44.04.180
44.04.190
44.04.200
44.04.210
44.04.220
44.04.230
44.04.240
44.04.250
44.04.260
44.04.270
44.04.280
Chapter 44.04 RCW
GENERAL PROVISIONS
Date of regular sessions.
Term limits.
Commencement of terms of office.
Vouchers for pay and mileage of members—Warrants.
Warrants for pay and mileage of members—Payment of.
Vouchers for pay of employees—Warrants.
Warrants for pay of employees—Payment of.
Vouchers for incidental expenses—Warrants.
Warrants for incidental expenses—Payment of.
Warrants for subsistence and lodging.
Contest of election—Depositions.
Members' allowances when engaged in legislative business.
Allowances of members-elect when attending meetings.
Members' insurance coverage during aircraft flights.
Security and protection of legislature—State patrol.
Information from municipal associations.
Legislative records—Preservation.
Fiscal impact of proposed legislation on political subdivisions—Fiscal notes.
References to regular session of the legislature.
Gender-neutral terms.
Legislative children's oversight committee.
Teachers' insurance benefits—Reimbursement.
Teachers' insurance benefits—Payment of warrants.
Surplus computer equipment—Donation to schools.
Legislative committees—Oversight.
Legislative international trade account.
State laws—Respectful language.
Cashing checks, drafts, and state warrants for state officers and employees:
RCW 43.08.180.
Development of methods and protocols for measuring educational costs—
Schedule of educational cost study reports: RCW 28B.76.310.
Eligibility of member of legislature to appointment or election to office of
official whose salary was increased during legislator's term: RCW
3.58.010.
Emoluments of office for appointees to office of state legislator: RCW
43.03.015.
Studies and adoption of classifications for school district budgets—Publication: RCW 28A.300.060.
44.04.010 Date of regular sessions. Regular sessions
of the legislature shall be held annually, commencing on the
second Monday of January. [1980 c 87 § 27; 1979 ex.s. c 48
§ 1; 1891 c 20 § 1; RRS § 8177.]
44.04.010
Session laws
delivery of copies for use of legislature: RCW 40.04.040.
public printer to print and bind: RCW 43.78.030.
secretary of state as custodian of acts and resolutions: RCW 43.07.040.
Sessions, time for meeting, duration: State Constitution Art. 2 § 12.
Soldiers' home, legislature to provide for: State Constitution Art. 10 § 3.
Special sessions convened by legislature or governor: State Constitution
Art. 2 § 12, Art. 3 § 7.
State participation within student exchange compact programs—Board to
advise legislature: RCW 28B.76.650.
Statute law committee, legislative membership on: RCW 1.08.001.
Taxation
deficiencies, legislature may provide for tax to pay: State Constitution
Art. 7 § 8.
limitation on legislature to tax municipal corporations: State Constitution
Art. 11 § 12.
limitations on state expenditures: Chapter 43.135 RCW.
Transportation, department of, study reports available to legislators upon
request: RCW 47.01.145.
[Title 44 RCW—page 2]
Effective date—1979 ex.s. c 48: "This 1979 act shall take effect on
January 1, 1980, if the proposed amendment to Article II, section 12 of the
state Constitution by Substitute Senate Joint Resolution No. 110, providing
for annual sessions of the legislature, is validly submitted and is approved
and ratified by the voters at a general election held in November, 1979. If the
proposed amendment is not so approved and ratified, this 1979 act shall be
null and void in its entirety." [1979 ex.s. c 48 § 2.] "This 1979 act" refers to
the amendment to RCW 44.04.010 by 1979 ex.s. c 48. Substitute Senate
Joint Resolution No. 110 was approved and ratified by the people at the
November 6, 1979, general election.
Regular and special sessions: State Constitution, Art. 2 § 12.
44.04.015
44.04.015 Term limits. (1) No person is eligible to
appear on the ballot or file a declaration of candidacy for the
house of representatives of the legislature who, by the end of
(2004 Ed.)
General Provisions
the then current term of office will have served, or but for resignation would have served, as a member of the house of representatives of the legislature during six of the previous
twelve years.
(2) No person is eligible to appear on the ballot or file a
declaration of candidacy for the senate of the legislature who,
by the end of the then current term of office will have served,
or but for resignation would have served, as a member of the
senate of the legislature during eight of the previous fourteen
years.
(3) No person is eligible to appear on the ballot or file a
declaration of candidacy for the legislature who has served as
a member of the legislature for fourteen of the previous
twenty years. [1993 c 1 § 3 (Initiative Measure No. 573,
approved November 3, 1992).]
Preamble—1993 c 1 (Initiative Measure No. 573): "The people of the
state of Washington find that:
(1) The people will best be served by citizen legislators who are subject
to a reasonable degree of rotation in office;
(2) Entrenched incumbents have become indifferent to the conditions
and concerns of the people;
(3) Entrenched incumbents have an inordinate advantage in elections
because of their control of campaign finance laws and gerrymandering of
electoral districts;
(4) Entrenched incumbency has discouraged qualified citizens from
seeking public office;
(5) Entrenched incumbents have become preoccupied with their own
reelection and devote more effort to campaigning than to making legislative
decisions for the benefit of the people;
(6) Entrenched incumbents have become closely aligned with special
interest groups who provide contributions and support for their reelection
campaigns, give entrenched incumbents special favors, and lobby office
holders for special interest legislation to the detriment of the people of this
state, and may create corruption or the appearance of corruption of the legislative system;
(7) The people of Washington have a compelling interest in preventing
the self-perpetuating monopoly of elective office by a dynastic ruling class.
The people of the state of Washington therefore adopt this act to limit
ballot access of candidates for state and federal elections." [1993 c 1 § 1 (Initiative Measure No. 573, approved November 3, 1992).]
Severability—1993 c 1 (Initiative Measure No. 573): "If any provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1993 c 1 § 10 (Initiative Measure
No. 573, approved November 3, 1992).]
44.04.021
44.04.021 Commencement of terms of office. The
regular term of office of each senator and representative shall
commence on the second Monday in January following the
date of election. [1987 c 13 § 1; 1981 c 288 § 68. Formerly
RCW 44.07B.870.]
44.04.040
44.04.040 Vouchers for pay and mileage of members—Warrants. The chief clerk of the house of representatives and the secretary of the senate are hereby directed to
prepare vouchers for the state treasurer for the mileage and
daily pay of members of the legislature on presentation of
certificates showing amounts due for miles traveled and services rendered to dates specified. The certificates shall be
signed by the speaker or president, and countersigned by the
chief clerk or secretary, respectively, of the body to which the
members belong. The state treasurer shall issue warrants
which shall be in favor of and payable to the order of the persons named in said certificates. [1973 c 106 § 17; 1890 p 6 §
1; RRS § 8150.]
Annual salary: RCW 43.03.010.
(2004 Ed.)
44.04.070
Mileage allowance: State Constitution Art. 2 § 23; RCW 43.03.010.
44.04.041
44.04.041 Warrants for pay and mileage of members—Payment of. Upon presentation of a warrant drawn as
provided for in RCW 44.04.040, to the state treasurer, that
officer shall pay the same out of any money in the treasury of
the state appropriated for the expenses of the legislature of
the state of Washington: PROVIDED, That should there be
no money in the state treasury covered by such appropriation,
the state treasurer shall indorse such fact on the warrant presented, and said warrant shall draw interest from the date of
such presentation and indorsement, and shall be payable
thereafter in the manner provided by existing law and custom. [1890 p 6 § 2; RRS § 8151. Formerly RCW 44.04.070,
part.]
44.04.050
44.04.050 Vouchers for pay of employees—Warrants. The chief clerk of the house of representatives and the
secretary of the senate shall prepare vouchers for the state
treasurer for sums covering amounts due officers and
employees of the legislature on presentation of certificates
signed by the speaker or president, and countersigned by the
chief clerk or secretary of the body in which the service of the
officer or employee is rendered, and showing amounts due to
dates specified. The state treasurer shall issue warrants which
shall be drawn in favor and be made payable to the order of
the officer or employee named in each certificate. [1973 c
106 § 18; 1890 p 3 § 1; RRS § 8148.]
44.04.051
44.04.051 Warrants for pay of employees—Payment
of. Upon presentation to the state treasurer of a warrant
drawn as provided for in RCW 44.04.050, that officer shall
pay the same from any money in the state treasury appropriated for the expenses of the legislature of the state of Washington: PROVIDED, That should there be no money in the
treasury of the state covered by such appropriation, the state
treasurer shall indorse such fact on the warrant presented, and
said warrant shall draw interest from date of such indorsement and shall be payable thereafter as is provided by law
and custom. [1890 p 3 § 2; RRS § 8149. Formerly RCW
44.04.070, part.]
44.04.060
44.04.060 Vouchers for incidental expenses—Warrants. The chief clerk of the house of representatives and the
secretary of the senate are hereby directed to prepare vouchers for the state treasurer for the incidental expenses of the
legislature, on presentation of certificates showing amounts
due for material furnished and services rendered to dates
specified. The certificates shall be signed by the speaker or
president, and countersigned by the sergeant-at-arms, respectively, of the body ordering the expenditures. The state treasurer shall issue warrants which shall be in favor of and payable to the order of the persons named in said certificates.
[1973 c 106 § 19; 1890 p 10 § 1; RRS § 8152.]
44.04.070
44.04.070 Warrants for incidental expenses—Payment of. Upon presentation of a warrant, drawn as provided
for in RCW 44.04.060, to the state treasurer, that officer shall
pay the same out of any money in the treasury of the state
appropriated for the expenses of the legislature of the state of
[Title 44 RCW—page 3]
44.04.090
Title 44 RCW: State Government—Legislative
Washington: PROVIDED, That should there be no money in
the state treasury covered by such appropriation, the state
treasurer shall indorse such fact on the warrant presented, and
said warrant shall draw interest from the date of such presentation and indorsement, and shall be payable thereafter in the
manner provided by existing law and custom. [1890 p 10 § 2;
RRS § 8153. FORMER PARTS OF SECTION: (i) 1890 p 3
§ 2, now codified as RCW 44.04.051. (ii) 1890 p 6 § 2, now
codified as RCW 44.04.041.]
44.04.090
44.04.090 Warrants for subsistence and lodging. The
state treasurer shall issue warrants for said reimbursement
supported by affidavits that the reimbursement is claimed for
expenses of subsistence and lodging actually incurred without itemization and without receipts. Such warrants shall be
immediately paid from any funds appropriated for the purpose. [1973 c 106 § 20; 1941 c 173 § 2; Rem. Supp. 1941 §
8153-2.]
44.04.100
44.04.100 Contest of election—Depositions. Any person desiring to contest the election of any member of the legislature, may, at any time after the presumptive election of
such member and before the convening of the ensuing regular
session of the legislature, have the testimony of witnesses, to
be used in support of such contest, taken and perpetuated, by
serving not less than three days' written notice upon the member whose election he desires to contest, of his intention to
institute such contest and that he desires to take the testimony
of certain witnesses named in such notice, at a time and place
named therein, before a notary public duly commissioned and
qualified and residing in the county where the presumptive
member resides, giving the name of such notary public,
which deposition shall be taken in the manner provided by
law for the taking of depositions in civil actions in the superior court. The presumptive member of the legislature, whose
election is to be contested, shall have the right to appear, in
person or by counsel, at the time and place named in the
notice, and cross examine any witness produced and have
such cross examination made a part of such deposition, and to
produce witnesses and have their depositions taken for the
purpose of sustaining his election. The notary public before
whom such deposition is taken shall transmit such depositions to the presiding officer of the senate, or house of representatives, as the case may be, in which said contest is to be
instituted, in the care of the secretary of state, at the state capitol, by registered mail, and it shall be the duty of the secretary of state upon the convening of the legislature to transmit
said depositions, unopened, to the presiding officer of the
senate, or the house of representatives, as the case may be, to
whom it is addressed, and in case such contest is instituted
said depositions may be opened and read in evidence in the
manner provided by law for the opening and introduction of
depositions in civil actions in the superior court. [1927 c 205
§ 1; RRS § 8162-1. Prior: Code 1881 §§ 3125-3139.]
Contest of elections: Chapter 29A.68 RCW.
Depositions: Rules of court: CR 26 through 37.
Legislature to judge election and qualifications of members: State Constitution Art. 2 § 8.
Recall: State Constitution Art. 1 §§ 33, 34, chapter 29A.56 RCW.
[Title 44 RCW—page 4]
44.04.120
44.04.120 Members' allowances when engaged in legislative business. Each member of the senate or house of
representatives when serving on official legislative business
shall be entitled to receive, in lieu of per diem or any other
payment, for each day or major portion thereof in which he is
actually engaged in legislative business or business of the
committee, commission, or council, notwithstanding any
laws to the contrary, an allowance in an amount fixed by the
secretary of the senate and chief clerk of the house, respectively, in accordance with applicable rules and resolutions of
each body. Such allowance shall be reasonably calculated to
reimburse expenses, exclusive of mileage, which are ordinary
and necessary in the conduct of legislative business, recognizing cost variances which are encountered in different
locales. The allowance authorized shall not exceed the
greater of forty-four dollars per day or the maximum daily
amount determined under RCW 43.03.050, as now or hereafter amended. In addition, a mileage allowance shall be paid at
the rate per mile provided for in RCW 43.03.060, as now or
hereafter amended, when authorized by the house, committee, commission, or council of which he is a member and on
the business of which he is engaged. [1985 c 3 § 1; 1979 ex.s.
c 255 § 3; 1974 ex.s. c 157 § 2; 1973 1st ex.s. c 197 § 5; 1967
ex.s. c 112 § 4; 1963 ex.s. c 7 § 1; 1959 ex.s. c 10 § 1.]
Effective date—1979 ex.s. c 255: See note following RCW 43.03.010.
44.04.125
44.04.125 Allowances of members-elect when attending meetings. Each member-elect of the senate or house of
representatives who attends any meeting of the legislature or
any of its committees, upon the invitation of the committee
on rules of his or her respective house, shall be entitled to
receive per diem, mileage, and incidental expense allowances
at the rates prescribed in chapter 44.04 RCW, as now or hereafter amended. [1975 1st ex.s. c 185 § 1.]
44.04.130
44.04.130 Members' insurance coverage during aircraft flights. See RCW 43.01.120.
44.04.140
44.04.140 Security and protection of legislature—
State patrol. See RCW 43.43.037.
44.04.170
44.04.170 Information from municipal associations.
It shall be the duty of each association of municipal corporations or municipal officers, which is recognized by law and
utilized as an official agency for the coordination of the policies and/or administrative programs of municipal corporations, to submit biennially, or oftener as necessary, to the
governor and to the legislature the joint recommendations of
such participating municipalities regarding changes which
would affect the efficiency of such municipal corporations.
Such associations shall include but shall not be limited to the
Washington state association of fire commissioners, a state
association of water/wastewater districts, and the Washington state school directors' association. [1999 c 153 § 59;
1970 ex.s. c 69 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Purpose—1970 ex.s. c 69: "It is the purpose of this act to assist the legislature in obtaining adequate information as to the needs of its municipal
corporations and other public agencies and their recommendations for
improvements." [1970 ex.s. c 69 § 1.]
(2004 Ed.)
General Provisions
Intent—Construction—1970 ex.s. c 69: "The intent of this act is to
clarify and implement the powers of the public agencies to which it relates
and nothing herein shall be construed to impair or limit the existing powers
of any municipal corporation or association." [1970 ex.s. c 69 § 3.]
44.04.180
44.04.180 Legislative records—Preservation.
RCW 40.14.100 through 40.14.180.
See
44.04.190
44.04.190 Fiscal impact of proposed legislation on
political subdivisions—Fiscal notes. See chapter 43.132
RCW.
44.04.200
44.04.200 References to regular session of the legislature. After June 12, 1980, all references in the Revised Code
of Washington to a regular session of the legislature mean a
regular session during an odd- or even-numbered year unless
the context clearly requires otherwise. [1980 c 87 § 1.]
44.04.210
44.04.210 Gender-neutral terms. (1) All statutes,
memorials, and resolutions enacted, adopted, or amended by
the legislature after July 1, 1983, shall be written in genderneutral terms unless a specification of gender is intended.
(2) No statute, memorial, or resolution is invalid because
it does not comply with this section. [1983 c 20 § 3.]
Intent—1983 c 20: See note following RCW 43.01.160.
Number and gender in statutes: RCW 1.12.050.
44.04.260
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [March 21, 1996]." [1996 c 131 § 7.]
44.04.230
44.04.230 Teachers' insurance benefits—Reimbursement. The chief clerk of the house of representatives and the
secretary of the senate shall prepare vouchers for the state
treasurer for sums covering amounts due a school district for
any teacher who is on a leave of absence as a legislator, and
who has chosen to continue insurance benefits provided by
the school district, in lieu of insurance benefits provided to
that legislator as a state employee. The amount of reimbursement due the school district is for the actual cost of continuing benefits, but may not exceed the cost of the insurance
benefits package that would otherwise be provided through
the health care authority. [1998 c 62 § 1.]
Effective date—1998 c 62: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 20, 1998]." [1998 c 62 § 4.]
44.04.240
44.04.240 Teachers' insurance benefits—Payment of
warrants. Upon presentation to the state treasurer of a warrant issued by the treasurer and drawn for the purposes under
RCW 44.04.230, the treasurer shall pay the amount necessary
from appropriated funds. If sufficient funds have not been
appropriated, the treasurer shall endorse the warrant and the
warrant draws interest from the date of the endorsement until
paid. [1998 c 62 § 3.]
44.04.220
44.04.220 Legislative children's oversight committee.
(1) There is created the legislative children's oversight committee for the purpose of monitoring and ensuring compliance with administrative acts, relevant statutes, rules, and
policies pertaining to family and children services and the
placement, supervision, and treatment of children in the
state's care or in state-licensed facilities or residences. The
committee shall consist of three senators and three representatives from the legislature. The senate members of the committee shall be appointed by the president of the senate. The
house members of the committee shall be appointed by the
speaker of the house. Not more than two members from each
chamber shall be from the same political party. Members
shall be appointed before the close of each regular session of
the legislature during an odd-numbered year.
(2) The committee shall have the following powers:
(a) Selection of its officers and adopt rules for orderly
procedure;
(b) Request investigations by the ombudsman of administrative acts;
(c) Receive reports of the ombudsman;
(d)(i) Obtain access to all relevant records in the possession of the ombudsman, except as prohibited by law; and (ii)
make recommendations to all branches of government;
(e) Request legislation;
(f) Conduct hearings into such matters as it deems necessary.
(3) Upon receipt of records from the ombudsman, the
committee is subject to the same confidentiality restrictions
as the ombudsman under RCW 43.06A.050. [1996 c 131 §
1.]
Effective date—1996 c 131 §§ 1-3: "Sections 1 through 3 of this act are
necessary for the immediate preservation of the public peace, health, or
(2004 Ed.)
Effective date—1998 c 62: See note following RCW 44.04.230.
44.04.250
44.04.250 Surplus computer equipment—Donation
to schools. The chief clerk of the house of representatives
may authorize surplus computers and computer-related
equipment owned by the house, the secretary of the senate
may authorize surplus computers and computer-related
equipment owned by the senate, and the directors of legislative agencies may authorize surplus computers and computer-related equipment owned by his or her respective
agency, to be donated to school districts and educational service districts. This section shall not be construed to limit the
discretion of the legislature regarding disposal of its surplus
property. [1999 c 186 § 2.]
44.04.260
44.04.260 Legislative committees—Oversight. The
joint legislative audit and review committee, the legislative
transportation committee, the select committee on pension
policy, the legislative evaluation and accountability program
committee, and the joint legislative systems committee are
subject to such operational policies, procedures, and oversight as are deemed necessary by the facilities and operations
committee of the senate and the executive rules committee of
the house of representatives to ensure operational adequacy
of the agencies of the legislative branch. As used in this section, "operational policies, procedures, and oversight"
includes the development process of biennial budgets, contracting procedures, personnel policies, and compensation
plans, selection of a chief administrator, facilities, and expenditures. This section does not grant oversight authority to the
facilities and operations committee of the senate over any
standing committee of the house of representatives or oversight authority to the executive rules committee of the house
[Title 44 RCW—page 5]
44.04.270
Title 44 RCW: State Government—Legislative
of representatives over any standing committee of the senate.
[2003 c 295 § 12; 2001 c 259 § 1.]
44.04.270
44.04.270 Legislative international trade account.
The legislative international trade account is created in the
custody of the state treasurer. All moneys received by the
president of the senate and the secretary of state from gifts,
grants, and endowments for international trade hosting, international relations, and international missions activities must
be deposited in the account. Only private, nonpublic gifts,
grants, and endowments may be deposited in the account. A
person, as defined in RCW 42.52.010, may not donate, gift,
grant, or endow more than five thousand dollars per calendar
year to the legislative international trade account. Expenditures from the account may be used only for the purposes of
international trade hosting, international relations, and international trade mission activities, excluding travel and lodging, in which the president and members of the senate, members of the house of representatives, and the secretary of state
participate in an official capacity. An appropriation is not
required for expenditures. All requests by individual legislators for use of funds from this account must be first approved
by the secretary of the senate for members of the senate or the
chief clerk of the house of representatives for members of the
house of representatives. All expenditures from the account
shall be authorized by the final signed approval of the chief
clerk of the house of representatives, the secretary of the senate, and the president of the senate. [2003 c 265 § 1.]
44.04.280
44.04.280 State laws—Respectful language. (1) The
legislature recognizes that language used in reference to individuals with disabilities shapes and reflects society's attitudes
towards people with disabilities. Many of the terms currently
used diminish the humanity and natural condition of having a
disability. Certain terms are demeaning and create an invisible barrier to inclusion as equal community members. The
legislature finds it necessary to clarify preferred language for
new and revised laws by requiring the use of terminology that
puts the person before the disability.
(2)(a) The code reviser is directed to avoid all references
to: Disabled, developmentally disabled, mentally disabled,
mentally ill, mentally retarded, handicapped, cripple, and
crippled, in any new statute, memorial, or resolution, and to
change such references in any existing statute, memorial, or
resolution as sections including these references are otherwise amended by law.
(b) The code reviser is directed to replace terms referenced in (a) of this subsection as appropriate with the following revised terminology: "Individuals with disabilities,"
"individuals with developmental disabilities," "individuals
with mental illness," and "individuals with mental retardation."
(3) No statute, memorial, or resolution is invalid because
it does not comply with this section. [2004 c 175 § 1.]
Chapter 44.05 RCW
WASHINGTON STATE REDISTRICTING ACT
Chapter 44.05
Sections
44.05.010
Short title.
[Title 44 RCW—page 6]
44.05.020
44.05.030
44.05.040
44.05.050
44.05.060
44.05.070
44.05.080
44.05.090
44.05.100
44.05.110
44.05.120
44.05.130
44.05.900
44.05.901
44.05.902
Definitions.
Redistricting commission—Membership—Chairperson—
Vacancies.
Oath.
Members—Persons ineligible to serve.
Members—Political activities prohibited.
Employment of personnel—Assistance of state officials—
Witness expenses—Appropriations—Compensation.
Duties.
Redistricting plan.
Submission of plan to legislature—Amendment—Effect—
Adoption by supreme court, when.
Cessation of operations—Financial statement—Official
record.
Reconvening of commission to modify plan.
Challenges to plan.
Contingent effective date—1983 c 16.
Severability—1983 c 16.
Severability—1984 c 13.
44.05.010
44.05.010 Short title. This act may be cited as the
Washington State Redistricting Act. [1983 c 16 § 1.]
44.05.020
44.05.020 Definitions. The definitions set forth in this
section apply throughout this chapter, unless the context
requires otherwise.
(1) "Chief election officer" means the secretary of state.
(2) "Federal census" means the decennial census
required by federal law to be prepared by the United States
bureau of the census in each year ending in zero.
(3) "Lobbyist" means an individual required to register
with the Washington public disclosure commission pursuant
to RCW 42.17.150.
(4) "Plan" means a plan for legislative and congressional
redistricting mandated by Article II, section 43 of the state
Constitution. [1983 c 16 § 2.]
44.05.030
44.05.030 Redistricting commission—Membership—Chairperson—Vacancies. A redistricting commission shall be established in January of each year ending in
one to accomplish state legislative and congressional redistricting. The five-member commission shall be appointed as
follows:
(1) Each legislative leader of the two largest political
parties in each house of the legislature shall appoint one voting member to the commission by January 15th of each year
ending in one.
(2) The four legislators appointing commission members
pursuant to this section shall certify their appointments to the
chief election officer. If an appointing legislator does not certify an appointment by January 15th of each year ending in
one, within five days the supreme court shall certify an
appointment to the chief election officer.
(3) No later than January 31st of the year of their selection, the four appointed members, by an affirmative vote of at
least three, shall appoint and certify to the chief election
officer the nonvoting fifth member who shall act as the commission's chairperson. If by January 31st of the year of their
selection three of the four voting members fail to elect a
chairperson, the supreme court shall within five days certify
an appointment to the chief election officer. A vacancy on the
commission shall be filled by the person who made the initial
appointment, or their successor, within fifteen days after the
vacancy occurs. [1984 c 13 § 1; 1983 c 16 § 3.]
(2004 Ed.)
Washington State Redistricting Act
44.05.040
44.05.040 Oath. Before serving on the commission
every person shall take and subscribe an oath to faithfully
perform the duties of that office. The oath shall be filed in the
office of the secretary of state. [1983 c 16 § 4.]
44.05.050
44.05.050 Members—Persons ineligible to serve. No
person may serve on the commission who:
(1) Is not a registered voter of the state at the time of
selection; or
(2) Is or has within one year prior to selection been a registered lobbyist; or
(3) Is or has within two years prior to selection been an
elected official or elected legislative district, county, or state
party officer. The provisions of this subsection do not apply
to the office of precinct committeeperson. [1984 c 13 § 2;
1983 c 16 § 5.]
44.05.060
44.05.060 Members—Political activities prohibited.
No member of the commission may:
(1) Campaign for elective office while a member of the
commission;
(2) Actively participate in or contribute to any political
campaign of any candidate for state or federal elective office
while a member of the commission; or
(3) Hold or campaign for a seat in the state house of representatives, the state senate, or congress for two years after
the effective date of the plan. [1984 c 13 § 3; 1983 c 16 § 6.]
44.05.070
44.05.070 Employment of personnel—Assistance of
state officials—Witness expenses—Appropriations—
Compensation. (1) The commission may employ the services of experts, consultants, and support staff, including
attorneys not employed by the attorney general, as necessary
to carry out its duties pursuant to this chapter.
(2) The chief election officer, the treasurer, and the attorney general shall make available to the commission such personnel, facilities, and other assistance as the commission may
reasonably request. The chief election officer shall be the
official recipient of all provisional and preliminary census
data and maps, and shall forward such data and maps, upon
request, to the commission.
(3) The commission, upon written request by a witness
and subject to rules promulgated by the commission, may
reimburse witnesses for their necessary expenses incurred in
appearing before the commission.
(4) The legislature shall appropriate funds to enable the
commission to carry out its duties. Members shall receive one
hundred dollars of compensation for each day spent in the
performance of their duties. Compensation of employees
shall be determined by the commission. The provisions of
RCW 43.03.050 and 43.03.060 shall apply to both the members and the employees of the commission. [1983 c 16 § 7.]
44.05.080
44.05.080 Duties. In addition to other duties prescribed
by law, the commission shall:
(1) Adopt rules pursuant to the Administrative Procedure
Act, chapter 34.05 RCW, to carry out the provisions of Article II, section 43 of the state Constitution and of this chapter,
which rules shall provide that three voting members of the
commission constitute a quorum to do business, and that the
(2004 Ed.)
44.05.100
votes of three of the voting members are required for any
official action of the commission;
(2) Act as the legislature's recipient of the final redistricting data and maps from the United States Bureau of the Census;
(3) Comply with requirements to disclose and preserve
public records as specified in chapters 40.14 and 42.17 RCW;
(4) Hold open meetings pursuant to the open public
meetings act, chapter 42.30 RCW;
(5) Prepare and disclose its minutes pursuant to RCW
42.32.030;
(6) Be subject to the provisions of RCW 42.17.240;
(7) Prepare and publish a report with the plan; the report
will be made available to the public at the time the plan is
published. The report will include but will not be limited to:
(a) The population and percentage deviation from the average
district population for every district; (b) an explanation of the
criteria used in developing the plan with a justification of any
deviation in a district from the average district population; (c)
a map of all the districts; and (d) the estimated cost incurred
by the counties for adjusting precinct boundaries. [1983 c 16
§ 8.]
44.05.090
44.05.090 Redistricting plan. In the redistricting plan:
(1) Districts shall have a population as nearly equal as is
practicable, excluding nonresident military personnel, based
on the population reported in the federal decennial census.
(2) To the extent consistent with subsection (1) of this
section the commission plan should, insofar as practical,
accomplish the following:
(a) District lines should be drawn so as to coincide with
the boundaries of local political subdivisions and areas recognized as communities of interest. The number of counties and
municipalities divided among more than one district should
be as small as possible;
(b) Districts should be composed of convenient, contiguous, and compact territory. Land areas may be deemed contiguous if they share a common land border or are connected
by a ferry, highway, bridge, or tunnel. Areas separated by
geographical boundaries or artificial barriers that prevent
transportation within a district should not be deemed contiguous; and
(c) Whenever practicable, a precinct shall be wholly
within a single legislative district.
(3) The commission's plan and any plan adopted by the
supreme court under RCW 44.05.100(4) shall provide for
forty-nine legislative districts.
(4) The house of representatives shall consist of ninetyeight members, two of whom shall be elected from and run at
large within each legislative district. The senate shall consist
of forty-nine members, one of whom shall be elected from
each legislative district.
(5) The commission shall exercise its powers to provide
fair and effective representation and to encourage electoral
competition. The commission's plan shall not be drawn purposely to favor or discriminate against any political party or
group. [1990 c 126 § 1; 1983 c 16 § 9.]
44.05.100
44.05.100 Submission of plan to legislature—Amendment—Effect—Adoption by supreme court, when. (1)
[Title 44 RCW—page 7]
44.05.110
Title 44 RCW: State Government—Legislative
Upon approval of a redistricting plan by three of the voting
members of the commission, but not later than January 1st of
the year ending in two, the commission shall submit the plan
to the legislature.
(2) After submission of the plan by the commission, the
legislature shall have the next thirty days during any regular
or special session to amend the commission's plan. If the legislature amends the commission's plan the legislature's
amendment must be approved by an affirmative vote in each
house of two-thirds of the members elected or appointed
thereto, and may not include more than two percent of the
population of any legislative or congressional district.
(3) The plan approved by the commission, with any
amendment approved by the legislature, shall be final upon
approval of such amendment or after expiration of the time
provided for legislative amendment by subsection (2) of this
section whichever occurs first, and shall constitute the districting law applicable to this state for legislative and congressional elections, beginning with the next elections held in
the year ending in two. This plan shall be in force until the
effective date of the plan based upon the next succeeding federal decennial census or until a modified plan takes effect as
provided in RCW 44.05.120(6).
(4) If three of the voting members of the commission fail
to approve and submit a plan within the time limitations provided in subsection (1) of this section, the supreme court shall
adopt a plan by March 1st of the year ending in two. Any such
plan approved by the court is final and constitutes the districting law applicable to this state for legislative and congressional elections, beginning with the next election held in the
year ending in two. This plan shall be in force until the effective date of the plan based on the next succeeding federal
decennial census or until a modified plan takes effect as provided in RCW 44.05.120(6). [2002 c 4 § 1; 1995 c 88 § 1;
1983 c 16 § 10.]
Retroactive application—2002 c 4: "This act is remedial and curative
in nature and applies retroactively to any plan or portion of a plan submitted
to the legislature by the redistricting commission established in 2001."
[2002 c 4 § 2.]
Effective date—2002 c 4: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[January 22, 2002]." [2002 c 4 § 3.]
44.05.110
44.05.110 Cessation of operations—Financial statement—Official record. (1) Following the period provided
by RCW 44.05.100(1) for the commission's adoption of a
plan, the commission shall take all necessary steps to conclude its business and cease operations. The commission
shall prepare a financial statement disclosing all expenditures
made by the commission. The official record shall contain all
relevant information developed by the commission pursuant
to carrying out its duties under this chapter, maps, data collected, minutes of meetings, written communications, and
other information of a similar nature. Once the commission
ceases to exist, the chief election officer shall be the custodian of the official record for purposes of reprecincting and
election administration. The chief election officer shall provide for the permanent preservation of this official record
pursuant to chapter 42.17 RCW and Title 40 RCW. Once the
commission ceases to exist any budget surplus shall revert to
the state general fund.
[Title 44 RCW—page 8]
(2) Except as provided in RCW 44.05.120 for a reconvened commission, the commission shall cease to exist on
July 1st of each year ending in two unless the supreme court
extends the commission's term. [1983 c 16 § 11.]
44.05.120
44.05.120 Reconvening of commission to modify
plan. (1) If a commission has ceased to exist, the legislature
may, upon an affirmative vote in each house of two-thirds of
the members elected or appointed thereto, adopt legislation
reconvening the commission for the purpose of modifying
the redistricting plan.
(2) RCW 44.05.050 governs the eligibility of persons to
serve on the reconvened commission. A vacancy involving a
voting member of the reconvened commission shall be filled
by the person who made the initial appointment, or their successor, within fifteen days after the effective date of the legislation reconvening the commission. A vacancy involving
the nonvoting member of the commission shall be filled by an
affirmative vote of at lease [least] three of four voting members, within fifteen days after all other vacancies are filled or,
if no other vacancies exist, within fifteen days after the effective date of the legislation reconvening the commission. A
subsequent vacancy on a reconvened commission shall be
filled by the person or persons who made the initial appointment, or their successor, within fifteen days after the vacancy
occurs. If any appointing authority fails to make a required
appointment within the time limitations established by this
subsection, within five days after that date the supreme court
shall make the required appointment.
(3) The provisions of RCW 44.05.070 and 44.05.080 are
applicable if a commission is reconvened under this section.
(4) The commission shall complete the modification to
the redistricting plan as soon as possible, but no later than
sixty days after the effective date of the legislation reconvening the commission. At least three of the voting members
shall approve the modification to the redistricting plan.
(5) Following approval of a modification to the redistricting plan by the commission, the legislature has the next
thirty days during any regular or special session to amend the
commission's modification. Any amendment by the legislature must be approved by an affirmative vote in each house of
two-thirds of the members elected or appointed thereto. No
amendment by the legislature may include more than two
percent of the population of any legislative or congressional
district contained in the commission's modification.
(6) The commission's modification to the redistricting
plan, with any amendments approved by the legislature, shall
be final upon approval of the amendments or after expiration
of the time provided for legislative amendment by subsection
(5) of this section, whichever occurs first.
(7) Following the period provided by subsection (4) of
this section for the commission's approval of a modification
to the redistricting plan, the commission shall take all necessary steps to conclude its business and cease operations in
accordance with RCW 44.05.110(1). A reconvened commission shall cease to exist ninety days after the effective date of
the legislation reconvening the commission, unless the
supreme court extends the commission's term. [1983 c 16 §
12.]
(2004 Ed.)
Legislative Districts and Apportionment
44.05.130
44.05.130 Challenges to plan. After the plan takes
effect as provided in RCW 44.05.100, any registered voter
may file a petition with the supreme court challenging the
plan. After a modification to the redistricting plan takes effect
as provided in RCW 44.05.120, any registered voter may file
a petition with the supreme court challenging the amended
plan. The court may consolidate any or all petitions and shall
give all such petitions precedence over all other matters.
[1983 c 16 § 13.]
44.05.900
44.05.900 Contingent effective date—1983 c 16. This
act shall take effect if the proposed amendment to Article II
of the state Constitution establishing a commission for state
legislative and congressional redistricting is validly submitted to and is approved and ratified by the voters at a general
election held in November, 1983. If the proposed amendment
is not so approved and ratified, this act shall be null and void
in its entirety. [1983 c 16 § 18.]
Reviser's note: Senate Joint Resolution No. 103, requiring redistricting
commissions and plans, was approved by the voters November 8, 1983, and
is codified as Article II, section 43 of the state Constitution.
44.05.901
44.05.901 Severability—1983 c 16. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 16 § 17.]
44.05.902
44.05.902 Severability—1984 c 13. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 13 § 5.]
Chapter 44.07D RCW
LEGISLATIVE DISTRICTS AND APPORTIONMENT
Chapter 44.07D
Reviser's note: The following material represents the legislative portion of the redistricting plan filed with the legislature by the Washington
State Redistricting Commission on December 17, 2001, and as amended by
Senate Concurrent Resolution 8429 and Senate Concurrent Resolution 8430
under RCW 44.05.100. For United States congressional districts, see chapter
29.69C RCW.
WASHINGTON STATE
REDISTRICTING COMMISSION
REDISTRICTING PLAN
A PLAN Relating to the redistricting of state legislative districts.
BE IT APPROVED BY THE REDISTRICTING COMMISSION OF THE
STATE OF WASHINGTON:
Sec. 1. It is the intent of the commission to redistrict the congressional
and legislative districts of the state of Washington in accordance with the
Constitution and laws of the United States and the state of Washington.
Sec. 2. The definitions set forth in RCW 44.05.020 apply throughout
this plan, unless the context requires otherwise.
Sec. 3. In every case the population of the legislative districts
described by this plan has been ascertained on the basis of the total number
of persons found inhabiting such areas as of April 1, 2000, in accordance
with the 2000 federal decennial census data submitted pursuant to P.L. 94171.
Sec. 4. (a) Any area not specifically included within the boundaries of
any of the districts as described in this plan and that is completely surrounded
by a particular district, shall be a part of that district. Any such area not com(2004 Ed.)
Chapter 44.07D
pletely surrounded by a particular district shall be a part of the district having
the smallest number of inhabitants and having territory contiguous to such
area.
(b) Any area described in this plan as specifically embraced in two or
more noninclusive districts shall be a part of the adjacent district having the
smallest number of inhabitants and shall not be a part of the other district or
districts.
(c) Any area specifically mentioned as embraced within a district but
separated from such district by one or more other districts, shall be assigned
as though it had not been included in any district specifically described.
(d) The 2000 United States federal decennial census data submitted
pursuant to P.L. 94-171 shall be used for determining the number of inhabitants under this plan.
Sec. 5. For purposes of this plan, districts shall be described in terms
of:
(1) Official United States census bureau tracts, block groups, or blocks,
established by the United States bureau of the census in the 2000 federal
decennial census;
(2) Counties, municipalities, or other political subdivisions as they
existed on January 1, 2000;
(3) Any natural or artificial boundaries or monuments including but not
limited to rivers, streams, or lakes as they existed on January 1, 2000;
(4) Roads, streets, or highways as they existed on January 1, 2000.
Sec. 6. Pursuant to RCW 44.05.090(4) and Article II, section 43 of the
state Constitution, the territory of the state shall be divided into forty-nine
legislative districts. Two members of the house of representatives shall be
elected from and run at large within each legislative district. One member of
the senate shall be elected from each legislative district.
Sec. 7. The legislative districts described by this plan shall be those
recorded electronically as "JOINTSUB-L-03", maintained in computer files
and designated as FINAL-LEG-2001, which are public records of the commission. As soon as practicable after approval and submission of this plan to
the legislature, the commission shall publish "FINAL-LEG-2001".
Sec. 8. The commission intends that existing law shall continue to govern such matters as the terms and dates of election for members of the senate
to be elected from each district, the status of "hold-over" senators, and the
elections to fill vacancies, when required, provided that districts referred to
in existing law and designated by number shall refer to districts of the same
number described in this plan, beginning with the next elections in 2002.
Sec. 9. This commission intends that this plan supersede the district
boundaries established by chapter 44.07C RCW.
Sec. 10. If any provision of this plan or its application to any person or
circumstance is held invalid, the remainder of the plan or its application to
other persons or circumstances is not affected.
District 1: King County (Part) - Tracts: 218.03, 218.04, 220.01, King
County (Part) - Block Groups Tract 218.02; Block Group 1, King County
(Part) - Blocks: Tract 217.00; Block 2000, Block 2003, Block 2004, Block
2005, Block 2006, Block 2007, Block 2011, Block 2012, Block 2013, Block
2014, Block 4000, Block 4001, Block 4002, Block 4022, Tract 218.02;
Block 2000, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 3013, Tract 219.05; Block 1000, Block 1001, Block
1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block
1008, Block 1011, Block 2000, Block 2001, Block 2002, Block 2003, Block
2004, Block 2006, Block 3001, Block 3002, Block 3003, Block 3004, Block
3005, Block 3006, Block 3008, Block 3009, Block 3010, Block 3014, Block
3015, Block 3016, Tract 219.06; Block 1010, Tract 221.02; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 4005, Tract 222.02; Block 1001, Snohomish County (Part) - Tracts:
511.00, 512.00, 513.00, 519.11, 519.12, 519.13, 519.14, 519.15, 519.16,
519.17, 519.18, 519.19, 521.07, Snohomish County (Part) - Block Groups
Tract 417.02; Block Group 2, Tract 417.02; Block Group 3, Tract 418.04;
Block Group 1, Tract 518.01; Block Group 2, Tract 518.01; Block Group 3,
Tract 518.02; Block Group 2, Tract 519.05; Block Group 3, Tract 519.05;
Block Group 7, Tract 519.09; Block Group 1, Tract 519.09; Block Group 2,
Tract 519.09; Block Group 3, Tract 519.09; Block Group 4, Tract 519.20;
Block Group 2, Tract 519.20; Block Group 3, Tract 519.20; Block Group 4,
Tract 519.20; Block Group 5, Tract 521.08; Block Group 2, Tract 521.12;
Block Group 5, Tract 521.12; Block Group 6, Tract 521.13; Block Group 3,
[Title 44 RCW—page 9]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Snohomish County (Part) - Blocks: Tract 417.02; Block 1002, Block 1003,
Block 1004, Block 1005, Block 4000, Block 4001, Block 4002, Block 4003,
Block 4004, Block 4005, Block 4006, Block 5015, Block 5016, Block 5019,
Block 5020, Block 5021, Tract 418.04; Block 3000, Block 3001, Block
3002, Block 3003, Block 4003, Block 4004, Tract 509.00; Block 1006,
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2009, Block 2998, Block 2999, Tract
510.00; Block 2000, Block 2010, Block 2011, Block 2998, Block 2999,
Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3999,
Tract 518.01; Block 1000, Tract 519.05; Block 1000, Block 1001, Block
1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1008, Block
1009, Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block
2006, Block 2007, Block 2008, Block 2009, Block 4017, Block 4018, Block
4019, Block 4020, Block 4022, Block 4023, Block 4024, Tract 519.09;
Block 5000, Block 5001, Block 5002, Block 5003, Block 5005, Block 5006,
Block 5007, Block 5008, Block 5009, Tract 519.20; Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block
1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block
1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Tract
521.08; Block 1002, Block 1003, Block 1004, Block 1005, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022,
Block 3023, Block 3025, Block 3026, Block 3027, Block 3028, Block 3029,
Tract 521.11; Block 1001, Block 1002, Block 1003, Tract 521.12; Block
4001, Block 4002, Block 4003, Block 4004, Block 4005, Block 4006, Block
4007, Block 4008, Block 4009, Block 4010, Block 4011, Block 4012, Block
4013, Block 4014, Block 4015, Block 4016, Tract 521.13; Block 2010.
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Thurston County (Part) - Tracts: 123.20, 124.10,
Thurston County (Part) - Block Groups Tract 123.10; Block Group 1, Tract
125.00; Block Group 2, Tract 125.00; Block Group 3, Tract 125.00; Block
Group 5, Tract 125.00; Block Group 6, Thurston County (Part) - Blocks:
Tract 123.10; Block 2000, Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block
2010, Block 2012, Block 2013, Block 2015, Block 2016, Tract 123.30;
Block 1008, Tract 124.20; Block 2000, Block 2001, Block 2002, Block
2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block
2009, Block 2027, Block 2029, Block 2030, Block 2031, Block 2032, Block
2033, Block 2034, Block 2035, Block 2036, Block 2037, Tract 125.00;
Block 1000, Block 1001, Block 1002, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1022,
Block 1023, Block 1024, Block 1050, Block 4000, Block 4001, Block 4002,
Block 4003, Block 4004, Block 4005, Block 4006, Block 4007, Block 4008,
Block 4009, Block 4011, Block 4015, Block 4016, Block 4018, Block 4019,
Block 4020, Block 4076, Block 4077, Block 4078, Block 4079, Block 4080,
Block 4081, Block 4122, Block 4123, Block 4124, Block 4125, Block 4126,
Block 4127, Block 4129, Block 4130, Block 4131, Block 4132, Block 4133,
Block 4134, Block 4135, Block 4136, Block 4137, Block 4138, Block 4139,
Block 4140, Block 4141, Block 4142, Block 4143, Block 4144, Block 4145,
Block 4146, Block 4147, Block 4148, Block 4149, Block 4150, Block 4151,
Block 4152, Block 4153, Block 4154, Block 4155, Block 4156, Block 4157,
Block 4178, Block 4179, Block 4180, Block 4181, Block 4185, Block 4186,
Block 4187.
District 2: Pierce County (Part) - Tracts: 704.02, 714.03, 714.07,
714.09, 714.10, 714.11, 730.01, 730.05, 730.06, 731.09, 731.13, 731.14,
731.15, 731.16, 731.17, 731.18, 731.19, 732.00, Pierce County (Part) Block Groups Tract 701.00; Block Group 3, Tract 714.06; Block Group 1,
Tract 714.06; Block Group 2, Tract 714.08; Block Group 2, Tract 714.08;
Block Group 3, Tract 714.08; Block Group 4, Tract 729.04; Block Group 2,
Tract 731.08; Block Group 2, Pierce County (Part) - Blocks: Tract 701.00;
Block 1074, Block 1075, Block 1076, Block 1077, Block 1088, Block 1090,
Block 1103, Block 1104, Block 1105, Block 1106, Block 1107, Block 1108,
Block 1109, Block 1110, Block 1111, Block 1112, Block 1113, Block 1114,
Block 1115, Block 1116, Block 1117, Block 1118, Block 1119, Block 1120,
Block 1121, Block 1122, Block 1123, Block 1124, Block 1125, Block 1126,
Block 1129, Block 1130, Block 1131, Block 1132, Block 1133, Block 1399,
Block 1400, Block 1401, Block 1402, Block 1403, Block 1404, Block 1405,
Block 1407, Block 1408, Block 1409, Block 1410, Block 1411, Block 1412,
Block 1413, Block 1414, Block 1415, Block 1994, Block 1995, Block 2001,
Block 2004, Block 2005, Block 2006, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2999, Tract 702.03; Block 1001, Block 1002, Block
1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block
1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block
1022, Block 1999, Tract 702.06; Block 1023, Block 1024, Block 1025,
Block 1026, Block 1027, Block 1029, Block 1030, Block 1031, Block 1032,
Block 1033, Block 1034, Block 1035, Block 1038, Block 1039, Block 1043,
Block 1044, Block 1045, Block 1046, Block 1047, Block 1048, Block 1049,
Block 1050, Block 1051, Block 1052, Block 1053, Block 1054, Block 1055,
Block 1056, Block 1057, Block 1058, Block 1059, Block 1060, Block 1061,
Block 1062, Block 1063, Block 1064, Block 1065, Block 1066, Block 1067,
Block 1068, Block 1069, Block 1070, Block 1071, Block 1072, Block 1073,
Block 1074, Block 1075, Tract 704.01; Block 2009, Block 2010, Tract
713.08; Block 2012, Block 2013, Block 2014, Block 2017, Block 2018,
Tract 714.06; Block 3001, Block 3002, Block 3003, Block 3004, Block
3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block
3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block
3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022, Block
3023, Tract 714.08; Block 1001, Block 1002, Block 1003, Tract 729.01;
Block 1007, Tract 729.04; Block 1000, Block 1001, Block 1002, Block
1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block
1009, Block 1010, Block 1028, Block 1029, Block 1030, Block 1032, Block
1033, Block 1034, Block 1035, Block 1036, Block 1037, Block 1038, Block
1039, Block 1040, Block 1041, Block 1042, Block 1043, Block 1044, Block
1045, Block 1046, Block 1050, Block 1051, Block 1052, Block 1053, Block
1054, Block 1055, Block 1056, Block 1999, Tract 731.08; Block 1000,
Block 1001, Block 1002, Block 1012, Block 1013, Block 1014, Block 1015,
Tract 731.10; Block 1001, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block
1016, Block 1017, Block 2000, Block 2001, Block 2002, Tract 731.12;
District 3: Spokane County (Part) - Tracts: 1.00, 2.00, 3.00, 4.00, 5.00,
6.00, 12.00, 13.00, 14.00, 15.00, 16.00, 18.00, 19.00, 20.00, 21.00, 23.00,
24.00, 25.00, 26.00, 28.00, 29.00, 30.00, 31.00, 32.00, 33.00, 35.00, 41.00,
Spokane County (Part) - Block Groups Tract 10.00; Block Group 3, Tract
10.00; Block Group 4, Tract 10.00; Block Group 5, Tract 17.00; Block
Group 2, Tract 17.00; Block Group 3, Tract 36.00; Block Group 1, Tract
36.00; Block Group 3, Tract 36.00; Block Group 4, Tract 40.00; Block
Group 1, Tract 40.00; Block Group 2, Tract 40.00; Block Group 5, Tract
46.01; Block Group 1, Tract 46.02; Block Group 2, Tract 46.02; Block
Group 3, Spokane County (Part) - Blocks: Tract 10.00; Block 2015, Block
2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block
2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027, Block
2028, Block 2029, Block 2030, Block 2031, Block 6031, Block 6039, Block
6040, Block 6041, Block 6042, Block 6043, Block 6044, Tract 11.00; Block
1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block
1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block
1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036, Block
1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 3009, Block
3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block
3016, Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block
3022, Block 3023, Block 3024, Block 3025, Block 3026, Block 3027, Block
3028, Block 3029, Block 3030, Block 3031, Block 3032, Block 3033, Block
3034, Block 3035, Block 3036, Block 3037, Block 3038, Block 3039, Block
3040, Block 3041, Block 3042, Block 3043, Block 3044, Block 3045, Block
3046, Block 3047, Block 3048, Tract 17.00; Block 1001, Block 1002, Block
1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1011, Block
1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block
1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block
1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block
1030, Tract 36.00; Block 2999, Tract 40.00; Block 3000, Block 3001, Block
3002, Block 3003, Block 3004, Block 3005, Block 3006, Block 3010, Block
3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block
3017, Block 3018, Block 3019, Block 3020, Block 4000, Block 4001, Block
4002, Block 4003, Block 4004, Block 4005, Block 4011, Block 4012, Block
4013, Block 4014, Block 4017, Block 4018, Block 4019, Tract 42.00; Block
6000, Block 6001, Block 6002, Block 6003, Block 6004, Tract 45.00; Block
1002, Block 1003, Block 1004, Block 3000, Block 3001, Block 3002, Block
3007, Block 3015, Block 4000, Block 4001, Block 4002, Block 4003, Block
4004, Block 4005, Block 4006, Block 4011, Block 4012, Block 4015, Block
4016, Block 4017, Block 4018, Block 4019, Tract 46.01; Block 2000, Block
2001, Block 2002, Block 2004, Block 2008, Block 2009, Block 2010, Tract
46.02; Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block
1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block
1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1017, Block
1018, Block 1019, Block 1020, Block 1021, Tract 47.00; Block 1000, Block
1001, Block 1002, Block 1003, Block 1004, Block 1011, Block 1012, Block
[Title 44 RCW—page 10]
(2004 Ed.)
Legislative Districts and Apportionment
1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block
1019, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028, Block
1029, Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block
2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block
2017, Block 2018, Block 2019, Block 2026, Block 2027, Block 2031, Block
2032, Block 2033, Block 2034, Tract 106.01; Block 1017, Tract 112.01;
Block 2022, Tract 112.02; Block 4022, Block 4033, Tract 134.01; Block
1002, Block 1007.
District 4: Spokane County (Part) - Tracts: 101.00, 102.01, 113.00,
114.00, 115.00, 116.00, 117.00, 118.00, 119.00, 120.00, 121.00, 122.00,
124.01, 125.00, 126.00, 127.01, 127.02, 128.01, 128.02, 129.01, 129.02,
130.00, 132.01, Spokane County (Part) -Block Groups Tract 102.02; Block
Group 3, Tract 123.00; Block Group 1, Tract 123.00; Block Group 2, Tract
123.00; Block Group 4, Tract 124.02; Block Group 3, Tract 131.00; Block
Group 1, Tract 131.00; Block Group 2, Tract 131.00; Block Group 3, Tract
131.00; Block Group 4, Tract 132.02; Block Group 3, Spokane County (Part)
- Blocks: Tract 17.00; Block 1000, Block 1008, Block 1009, Block 1010,
Tract 102.02; Block 1000, Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1009, Block 1010, Block 1016, Block
1017, Block 1018, Block 2000, Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block
2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block
2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block
2022, Block 2023, Block 2025, Block 2026, Tract 103.04; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1062, Block 1063,
Block 2000, Block 2001, Block 2002, Block 2003, Block 2034, Block 2035,
Block 2036, Block 2037, Block 2038, Block 2039, Block 2040, Block 2042,
Block 2043, Block 2044, Block 2045, Block 2046, Block 2047, Tract
103.05; Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2023, Block 2024,
Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block 2030,
Block 2031, Block 2041, Block 2042, Block 2043, Block 2046, Tract
112.01; Block 2000, Block 2024, Block 2025, Block 2026, Tract 112.02;
Block 3000, Block 3018, Block 3019, Block 3020, Block 3021, Block 4000,
Block 4001, Block 4002, Block 4003, Block 4004, Block 4005, Block 4006,
Block 4007, Block 4008, Block 4009, Block 4010, Block 4011, Block 4012,
Block 4013, Block 4014, Block 4015, Block 4016, Block 4017, Block 4018,
Block 4019, Block 4020, Block 4023, Block 4024, Block 4025, Block 4026,
Block 4027, Block 4028, Block 4029, Block 4030, Block 4031, Block 4032,
Tract 123.00; Block 3000, Block 3001, Block 3002, Block 3003, Block
3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block
3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block
3016, Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block
3022, Block 3023, Block 3025, Block 3027, Block 3028, Block 3029, Block
3030, Block 3031, Block 3032, Block 3033, Tract 124.02; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Tract 131.00; Block 5000, Block 5001, Block 5002, Block
5003, Block 5004, Block 5005, Block 5006, Block 5007, Block 5008, Block
5009, Block 5010, Tract 132.02; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1999, Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2999.
District 5: King County (Part) - Tracts: 319.04, 319.06, 320.02,
320.03, 320.08, 320.09, 321.02, 322.03, 322.07, 322.08, 322.09, 322.10,
322.11, 322.12, 326.02, 327.03, 327.04, King County (Part) - Block Groups
Tract 316.02; Block Group 1, Tract 316.02; Block Group 3, Tract 316.02;
Block Group 4, Tract 316.02; Block Group 5, Tract 319.07; Block Group 3,
Tract 319.07; Block Group 5, Tract 320.07; Block Group 1, Tract 320.07;
Block Group 3, Tract 321.03; Block Group 2, Tract 321.03; Block Group 3,
Tract 321.03; Block Group 4, Tract 321.04; Block Group 2, Tract 321.04;
Block Group 4, Tract 323.16; Block Group 3, Tract 323.17; Block Group 1,
Tract 323.17; Block Group 2, Tract 323.17; Block Group 3, Tract 323.17;
Block Group 4, Tract 323.17; Block Group 5, Tract 323.18; Block Group 2,
(2004 Ed.)
Chapter 44.07D
Tract 323.18; Block Group 3, Tract 323.18; Block Group 4, Tract 326.01;
Block Group 1, Tract 327.02; Block Group 1, Tract 327.02; Block Group 2,
Tract 327.02; Block Group 3, Tract 327.02; Block Group 4, Tract 327.02;
Block Group 6, King County (Part) - Blocks: Tract 234.02; Block 1007,
Block 1008, Block 1010, Block 1011, Block 1998, Tract 257.02; Block
2000, Block 2001, Block 2007, Block 2008, Block 2009, Block 2010, Tract
315.01; Block 1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1029, Block 1031, Block 1032, Block 1033, Block 1038, Block 1039,
Block 1040, Block 1041, Block 1042, Block 1043, Block 1044, Block 1045,
Block 1046, Block 1047, Block 1058, Block 1059, Block 1060, Block 1061,
Block 1062, Block 1063, Block 1064, Block 1065, Block 1066, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2073,
Block 2074, Tract 315.02; Block 1029, Block 1030, Block 1031, Block
1032, Block 1033, Block 1034, Block 1035, Block 1036, Block 1037, Block
1038, Block 1039, Block 1040, Block 1041, Block 1042, Block 1043, Block
1044, Block 1045, Block 1046, Block 1047, Block 1048, Block 1049, Block
1050, Block 1051, Block 1052, Block 1053, Block 1054, Block 1055, Block
1056, Block 1057, Block 1058, Block 1059, Block 1060, Block 1061, Block
1062, Block 1063, Block 1064, Block 1065, Block 1066, Block 1067, Block
1068, Block 1069, Block 1070, Block 1071, Block 1072, Block 1073, Block
1074, Block 1075, Block 1076, Block 1077, Block 1078, Block 1079, Block
1080, Block 1081, Block 1082, Block 1083, Block 1084, Block 1085, Block
1086, Block 1087, Block 1088, Block 1089, Block 1090, Block 1091, Block
1092, Block 1093, Block 1096, Block 1106, Block 1107, Block 1108, Block
1109, Block 1110, Block 1111, Block 1112, Block 1113, Block 1114, Block
1115, Block 1119, Block 1120, Block 1121, Block 1533, Block 1534, Block
1535, Block 1998, Block 1999, Tract 316.03; Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1008, Block 1009, Block 1010,
Block 1011, Tract 317.02; Block 1000, Block 1001, Block 1002, Block
5000, Block 5001, Block 5002, Block 5003, Block 5004, Block 5005, Block
5006, Block 5011, Block 5012, Tract 317.03; Block 2000, Block 2001,
Block 2002, Tract 318.00; Block 1000, Block 1011, Block 1012, Block
1013, Block 2000, Block 2001, Block 2002, Block 2005, Block 2006, Block
2007, Block 3000, Block 3001, Block 3002, Block 3004, Block 3005, Block
3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block
3012, Block 3013, Block 3014, Block 3015, Tract 319.03; Block 3004, Tract
319.07; Block 1000, Block 1001, Block 1003, Block 4000, Tract 320.05;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1013, Tract
320.06; Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2031, Block 2032, Block 2033, Tract 320.07; Block 2000, Block
2001, Block 2002, Block 2018, Block 2998, Tract 321.03; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Tract 321.04; Block 1000, Block 1001, Block 1002, Block 1003, Block
1012, Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block
3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block
3011, Block 3012, Block 3013, Block 3014, Block 3015, Tract 323.15;
Block 2015, Tract 323.16; Block 1010, Block 1011, Block 1012, Block
1013, Block 1997, Block 1998, Block 1999, Tract 323.18; Block 1013,
Block 1015, Block 1016, Tract 325.00; Block 2015, Block 2016, Block
2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block
2023, Block 2024, Block 2025, Block 2026, Block 2027, Block 2028, Block
2029, Block 2995, Block 2996, Block 2997, Tract 326.01; Block 2000,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2033,
Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block 2039,
Block 2040, Block 2041, Block 2042, Block 2999, Tract 327.02; Block
5000, Block 5001, Block 5002, Block 5003, Block 5004, Block 5005, Block
5006, Block 5007, Block 5008, Block 5009, Block 5010, Block 5011, Block
5012, Block 5013, Block 5014, Block 5015, Block 5016, Block 5017, Block
5018, Block 5019, Block 5020, Block 5021, Block 5022, Block 5023, Block
5024, Block 5025, Block 5026, Block 5027, Block 5028, Block 5029, Block
5030, Block 5031, Block 5032, Block 5033, Block 5034, Block 5035, Block
5036, Block 5037, Block 5038, Block 5039, Block 5040, Block 5041, Block
5042, Block 5043, Block 5044, Block 5045, Block 5046, Block 5047, Block
5048, Block 5049, Block 5050, Block 5051, Block 5052, Block 5053, Block
5054, Block 5055, Block 5056, Block 5057, Block 5058, Block 5059, Block
[Title 44 RCW—page 11]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
5060, Block 5061, Block 5062, Block 5063, Block 5064, Block 5065, Block
5066, Block 5067, Block 5068, Block 5069, Block 5070, Block 5071, Block
5072, Block 5073, Block 5074, Block 5075, Block 5076, Block 5077, Block
5078, Block 5079, Block 5080, Block 5081, Block 5082, Block 5083, Block
5084, Block 5085, Block 5086, Block 5087, Block 5088, Block 5089, Block
5090, Block 5091, Block 5092, Block 5093, Block 5094, Block 5095, Block
5096, Block 5097, Block 5098, Block 5099, Block 5100, Block 5101, Block
5102, Block 5103, Block 5104, Block 5105, Block 5106, Block 5107, Block
5108, Block 5109, Block 5110, Block 5111, Block 5112, Block 5113, Block
5114, Block 5115, Block 5116, Block 5117, Block 5118, Block 5119, Block
5120, Block 5121, Block 5122, Block 5123, Block 5124, Block 5125, Block
5126, Block 5127, Block 5128, Block 5129, Block 5130, Block 5131, Block
5132, Block 5133, Block 5134, Block 5135, Block 5136, Block 5137, Block
5138, Block 5139, Block 5140, Block 5141, Block 5142, Block 5143, Block
5144, Block 5145, Block 5146, Block 5147, Block 5148, Block 5149, Block
5150, Block 5151, Block 5152, Block 5153, Block 5154, Block 5155, Block
5156, Block 5157, Block 5158, Block 5159, Block 5160, Block 5161, Block
5162, Block 5163, Block 5164, Block 5165, Block 5166, Block 5184, Block
5185, Block 5994, Block 5995, Block 5996, Block 5997, Block 5998, Block
5999, Tract 328.00; Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1010, Block 1011, Block 1012, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048,
Block 1049, Block 1050, Block 1051, Block 1052, Block 1053, Block 1054,
Block 1055, Block 1056, Block 1057, Block 1058, Block 1059, Block 1060,
Block 1061, Block 1062, Block 1063, Block 1064, Block 1065, Block 1066,
Block 1067, Block 1068, Block 1069, Block 1070, Block 1071, Block 1072,
Block 1073, Block 1074, Block 1075, Block 1076, Block 1077, Block 1078,
Block 1079, Block 1080, Block 1081, Block 1082, Block 1083, Block 1084,
Block 1085, Block 1086, Block 1087, Block 1088, Block 1996, Block 1997,
Block 1998, Block 1999, Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2033,
Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block 2039,
Block 2040, Block 2041, Block 2042, Block 2043, Block 2044, Block 2045,
Block 2046, Block 2047, Block 2048, Block 2049, Block 2050, Block 2051,
Block 2052, Block 2053, Block 2054, Block 2055, Block 2056, Block 2057,
Block 2058, Block 2059, Block 2060, Block 2061, Block 2062, Block 2063,
Block 2064, Block 2065, Block 2066, Block 2067, Block 2068, Block 2069,
Block 2070, Block 2071, Block 2072, Block 2079, Block 2080, Block 2081,
Block 2082, Block 2083, Block 2084, Block 2085, Block 2086, Block 2087,
Block 2088, Block 2089, Block 2090, Block 2091, Block 2092, Block 2093,
Block 2094, Block 2095, Block 2096, Block 2097, Block 2098, Block 2099,
Block 2100, Block 2101, Block 2102, Block 2103, Block 2104, Block 2105,
Block 2106, Block 2107, Block 2108, Block 2109, Block 2110, Block 2111,
Block 2112, Block 2113, Block 2997, Block 2998, Block 2999, Block 3092,
Block 3093, Block 3094, Block 3095, Block 3096, Block 3097, Block 3098,
Block 3099, Block 3100, Block 3101, Block 3102, Block 3103, Block 3104,
Block 3105, Block 3106, Block 3107, Block 3108, Block 3109, Block 3110,
Block 3111, Block 3112, Block 3113, Block 3114, Block 3118, Block 3123,
Block 3124, Block 3192, Block 3193, Block 3194, Block 3195, Block 3196,
Block 3197, Block 3198, Block 3199, Block 3200, Block 3201, Block 3202,
Block 3203, Block 3204, Block 3205, Block 3990, Block 3995.
District 6: Spokane County (Part) - Tracts: 7.00, 8.00, 9.00, 38.00,
39.00, 43.00, 44.00, 48.00, 49.00, 105.01, 105.04, 106.02, 107.00, 108.00,
109.00, 110.00, 111.01, 111.02, 136.00, 137.00, Spokane County (Part) Block Groups Tract 10.00; Block Group 1, Tract 10.00; Block Group 7,
Tract 11.00; Block Group 2, Tract 42.00; Block Group 1, Tract 42.00; Block
Group 2, Tract 42.00; Block Group 3, Tract 42.00; Block Group 4, Tract
42.00; Block Group 5, Tract 45.00; Block Group 2, Tract 47.00; Block
Group 3, Tract 47.00; Block Group 4, Tract 105.03; Block Group 1, Tract
105.03; Block Group 2, Tract 106.01; Block Group 2, Tract 112.01; Block
Group 1, Tract 112.02; Block Group 1, Tract 112.02; Block Group 2, Spokane County (Part) - Blocks: Tract 10.00; Block 2000, Block 2001, Block
2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block
2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block
2014, Block 6000, Block 6001, Block 6002, Block 6003, Block 6004, Block
6005, Block 6006, Block 6007, Block 6008, Block 6009, Block 6010, Block
6011, Block 6012, Block 6013, Block 6014, Block 6015, Block 6016, Block
6017, Block 6018, Block 6019, Block 6020, Block 6021, Block 6022, Block
[Title 44 RCW—page 12]
6023, Block 6024, Block 6025, Block 6026, Block 6027, Block 6028, Block
6029, Block 6030, Block 6032, Block 6033, Block 6034, Block 6035, Block
6036, Block 6037, Block 6038, Tract 11.00; Block 1000, Block 1001, Block
1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block
1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block
1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 3000, Block
3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006, Block
3007, Block 3008, Tract 36.00; Block 2000, Block 2001, Block 2002, Block
2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block
2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block
2021, Block 2022, Block 2023, Block 2996, Block 2997, Block 2998, Tract
40.00; Block 3007, Block 3008, Block 3009, Block 4006, Block 4007, Block
4008, Block 4009, Block 4010, Block 4015, Block 4016, Block 4020, Block
4021, Block 4022, Block 4023, Block 4024, Block 4025, Block 4026, Block
4027, Block 4028, Block 4029, Block 4030, Tract 42.00; Block 6005, Block
6006, Block 6007, Block 6008, Block 6009, Block 6010, Block 6011, Block
6012, Block 6013, Block 6014, Block 6015, Block 6016, Block 6017, Block
6018, Block 6019, Block 6020, Tract 45.00; Block 1000, Block 1001, Block
1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block
1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block
1017, Block 1018, Block 1019, Block 1020, Block 1999, Block 3003, Block
3004, Block 3005, Block 3006, Block 3008, Block 3009, Block 3010, Block
3011, Block 3012, Block 3013, Block 3014, Block 3016, Block 3017, Block
3018, Block 3019, Block 3020, Block 3021, Block 4007, Block 4008, Block
4009, Block 4010, Block 4013, Block 4014, Tract 46.01; Block 2003, Block
2005, Block 2006, Block 2007, Block 2011, Block 2012, Block 2013, Block
2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Tract
46.02; Block 1016, Tract 47.00; Block 1005, Block 1006, Block 1007, Block
1008, Block 1009, Block 1010, Block 1020, Block 1021, Block 1022, Block
1023, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block
2010, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024, Block
2025, Block 2028, Block 2029, Block 2030, Tract 50.00; Block 1000, Block
1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block
1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1020, Block
1021, Block 1022, Block 2002, Block 2003, Block 2004, Block 2005, Block
2006, Block 2007, Block 2008, Block 2009, Block 2010, Tract 102.02;
Block 1007, Block 1008, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 2024, Tract 103.05; Block 1013, Block 1014, Block
1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block
1021, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block
1027, Block 1028, Block 2052, Block 2053, Block 2058, Block 2059, Block
2060, Block 2061, Block 2062, Block 2063, Block 2064, Block 2068, Block
2069, Block 2070, Tract 104.02; Block 2000, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block 2030,
Block 2031, Block 2032, Block 2092, Block 2093, Block 2094, Block 2095,
Block 2096, Tract 105.03; Block 3004, Block 3005, Block 3006, Block
3007, Block 3008, Block 3009, Block 3011, Block 3012, Block 3013, Block
3014, Block 3015, Block 3016, Block 3017, Block 3018, Block 3019, Block
3020, Block 3021, Block 3022, Block 3023, Block 3024, Block 3025, Block
3026, Block 3027, Block 3028, Block 3997, Block 3998, Block 3999, Tract
106.01; Block 1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023,
Block 1999, Tract 112.01; Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block
2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block
2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block
2023, Tract 112.02; Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Block 4021, Tract 123.00; Block 3024, Block 3026, Tract
133.00; Block 1004, Block 1006, Tract 134.01; Block 1000, Block 1001,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2022, Block 2023, Block 2028, Block 2029,
Block 2030, Tract 135.00; Block 1040, Block 2000, Block 2001, Block
2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block
(2004 Ed.)
Legislative Districts and Apportionment
2008, Block 2009, Block 2010, Block 2012, Block 2013, Block 2019, Block
2020, Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block
2026, Block 2027, Block 2028, Tract 141.00; Block 2003.
District 7: Ferry County, Lincoln County, Okanogan County (Part) Tracts: 9703.00, 9704.00, Okanogan County (Part) - Block Groups Tract
9701.00; Block Group 1, Tract 9705.00; Block Group 1, Tract 9706.00;
Block Group 1, Tract 9706.00; Block Group 2, Tract 9706.00; Block Group
3, Tract 9706.00; Block Group 5, Tract 9707.00; Block Group 3, Okanogan
County (Part) - Blocks: Tract 9701.00; Block 2048, Block 2049, Tract
9702.00; Block 1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1029, Block 1030, Block 1031, Block 1032, Block 1033, Block 1034,
Block 1035, Block 1036, Block 1037, Block 1038, Block 1039, Block 1040,
Block 1041, Block 1042, Block 1043, Block 1044, Block 1045, Block 1046,
Block 1047, Block 1048, Block 1049, Block 1050, Block 1051, Block 1052,
Block 1053, Block 1054, Block 1055, Block 1056, Block 1057, Block 1058,
Block 1059, Block 1060, Block 1061, Block 1062, Block 1063, Block 1064,
Block 1065, Block 1066, Block 1067, Block 1068, Block 1069, Block 1070,
Block 1071, Block 1072, Block 1073, Block 1074, Block 1075, Block 1076,
Block 1077, Block 1078, Block 1079, Block 1080, Block 1081, Block 1082,
Block 1083, Block 1084, Block 1085, Block 1086, Block 1087, Block 1088,
Block 1089, Block 1090, Block 1091, Block 1092, Block 1093, Block 1094,
Block 1095, Block 1096, Block 1097, Block 1098, Block 1099, Block 1100,
Block 1101, Block 1102, Block 1103, Block 1104, Block 1105, Block 1106,
Block 1107, Block 1108, Block 1109, Block 1110, Block 1111, Block 1112,
Block 1113, Block 1114, Block 1115, Block 1116, Block 1117, Block 1118,
Block 1119, Block 1120, Block 1121, Block 1122, Block 1123, Block 1124,
Block 1125, Block 1126, Block 1138, Block 1139, Block 1140, Block 1178,
Block 1179, Block 1180, Block 1181, Block 1182, Block 1183, Block 1184,
Block 1185, Block 1186, Block 1187, Block 1188, Block 1189, Block 1190,
Block 1191, Block 1192, Block 1193, Block 1194, Block 1195, Block 1196,
Block 1197, Block 1198, Block 1199, Block 1200, Block 1205, Block 1230,
Block 1231, Block 1232, Block 1233, Block 1234, Block 1235, Block 1236,
Block 1237, Block 1238, Block 1239, Block 1240, Block 1241, Block 1242,
Block 1243, Block 1247, Block 1248, Block 1275, Block 1276, Block 1277,
Block 1278, Block 1279, Block 1280, Block 1281, Block 1310, Block 1311,
Block 1312, Block 1322, Block 1383, Block 1384, Block 1385, Block 1386,
Block 1387, Block 1388, Block 1389, Block 1390, Block 1391, Block 1998,
Block 1999, Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022,
Block 2023, Block 2024, Block 2025, Block 2026, Block 2027, Block 2028,
Block 2029, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2035, Block 2036, Block 2037, Block 2038, Block 2039, Block 2040,
Block 2041, Block 2042, Block 2043, Block 2044, Block 2045, Block 2046,
Block 2047, Block 2048, Block 2049, Block 2050, Block 2051, Block 2052,
Block 2053, Block 2054, Block 2055, Block 2056, Block 2057, Block 2058,
Block 2059, Block 2060, Block 2061, Block 2062, Block 2063, Block 2064,
Block 2065, Block 2066, Block 2067, Block 2068, Block 2071, Block 2072,
Block 2086, Block 2088, Block 2089, Block 2090, Block 2091, Block 2092,
Block 2093, Block 2995, Block 2996, Block 2997, Block 2998, Block 2999,
Block 3018, Block 3019, Block 3020, Block 3021, Block 3022, Block 3023,
Block 3024, Block 3025, Block 3026, Block 3027, Block 3028, Block 3029,
Block 3030, Block 3031, Block 3032, Block 3033, Block 3034, Block 3035,
Block 3036, Block 3037, Block 3038, Block 3039, Block 3151, Block 3152,
Block 3153, Block 3996, Block 3997, Block 3998, Block 3999, Tract
9705.00; Block 3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022,
Block 3023, Block 3024, Block 3025, Block 3026, Block 3027, Block 3028,
Block 3029, Block 3030, Block 3031, Block 3032, Block 3033, Block 3034,
Block 3035, Block 3036, Block 3037, Block 3038, Block 3039, Block 3040,
Block 3041, Block 3042, Block 3043, Block 3044, Block 3045, Block 3046,
Block 3047, Block 3048, Block 3049, Block 3050, Block 3051, Block 3052,
Block 3053, Block 3054, Block 3055, Block 3056, Block 3057, Block 3058,
Block 3059, Block 3060, Block 3061, Block 3062, Block 3063, Block 3064,
Block 3065, Block 3066, Block 3067, Block 3068, Block 3069, Block 3070,
Block 3071, Block 3072, Block 3073, Block 3074, Block 3075, Block 3076,
Block 3077, Block 3078, Block 3079, Block 3080, Block 3081, Block 3082,
Block 3083, Block 3084, Block 3085, Block 3086, Block 3087, Block 3088,
Block 3089, Block 3090, Block 3091, Block 3092, Block 3093, Block 3094,
(2004 Ed.)
Chapter 44.07D
Block 3095, Block 3096, Block 3097, Block 3098, Block 3099, Block 3100,
Block 3101, Block 3102, Block 3103, Block 3104, Block 3105, Block 3106,
Block 3107, Block 3108, Block 3109, Block 3110, Block 3111, Block 3112,
Block 3113, Block 3114, Block 3115, Block 3116, Block 3117, Block 3118,
Block 3119, Block 3120, Block 3121, Block 3122, Block 3123, Block 3124,
Block 3125, Block 3126, Block 3127, Block 3128, Block 3129, Block 3130,
Block 3131, Block 3132, Block 3133, Block 3134, Block 3135, Block 3136,
Block 3137, Block 3138, Block 3139, Block 3140, Block 3141, Block 3142,
Block 3143, Block 3144, Block 3145, Block 3146, Block 3147, Block 3148,
Block 3149, Block 3150, Block 3154, Block 3993, Block 3994, Block 3995,
Block 3996, Block 3997, Block 3998, Block 3999, Tract 9706.00; Block
4000, Block 4001, Block 4002, Block 4003, Block 4004, Block 4005, Block
4006, Block 4011, Block 4012, Block 4013, Block 4014, Block 4015, Block
4016, Block 4017, Block 4018, Block 4019, Block 4020, Block 4021, Block
4022, Block 4023, Block 4024, Block 4025, Block 4026, Block 4027, Block
4034, Block 6000, Block 6001, Block 6002, Block 6003, Block 6004, Block
6005, Block 6006, Block 6007, Block 6008, Block 6009, Block 6010, Block
6011, Block 6012, Block 6013, Block 6014, Block 6015, Block 6016, Block
6017, Block 6018, Block 6019, Block 6020, Block 6021, Block 6022, Block
6023, Block 6024, Block 6025, Block 6026, Block 6027, Block 6028, Block
6029, Block 6030, Block 6031, Block 6032, Block 6033, Block 6034, Block
6035, Block 6036, Block 6037, Block 6038, Block 6039, Block 6040, Block
6041, Block 6042, Block 6043, Block 6044, Block 6045, Block 6046, Block
6047, Block 6048, Block 6049, Block 6996, Block 6997, Block 6998, Block
6999, Tract 9707.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048,
Block 1049, Block 1050, Block 1051, Block 1998, Block 1999, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2027, Block 2032,
Block 2033, Block 2034, Block 2035, Block 2036, Block 2037, Block 2038,
Block 2039, Block 2040, Block 2041, Block 2042, Block 2043, Block 2044,
Block 2045, Block 2046, Block 2047, Block 2048, Block 2049, Block 2050,
Block 2051, Block 2052, Block 2053, Block 2054, Block 2055, Block 2056,
Block 2057, Block 2058, Block 2059, Block 2060, Block 4000, Block 4001,
Block 4002, Block 4003, Block 4010, Block 4011, Block 4012, Pend Oreille
County, Spokane County (Part) - Tracts: 103.01, 103.03, 104.01, 138.00,
Spokane County (Part) - Block Groups Tract 103.04; Block Group 3, Tract
104.02; Block Group 1, Tract 104.02; Block Group 3, Spokane County (Part)
- Blocks: Tract 103.04; Block 1007, Block 1008, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026,
Block 1027, Block 1028, Block 1029, Block 1030, Block 1031, Block 1032,
Block 1033, Block 1034, Block 1035, Block 1036, Block 1037, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1042, Block 1043, Block 1044,
Block 1045, Block 1046, Block 1047, Block 1048, Block 1049, Block 1050,
Block 1051, Block 1052, Block 1053, Block 1054, Block 1055, Block 1056,
Block 1057, Block 1058, Block 1059, Block 1060, Block 1061, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022,
Block 2023, Block 2024, Block 2025, Block 2026, Block 2027, Block 2028,
Block 2029, Block 2030, Block 2031, Block 2032, Block 2033, Block 2041,
Block 2048, Block 2049, Block 2050, Block 2051, Block 2052, Block 2053,
Block 2054, Block 2055, Block 2056, Block 2057, Block 2058, Block 2059,
Block 2060, Block 2061, Block 2062, Block 2063, Block 2064, Block 2065,
Block 2066, Block 2067, Block 2068, Block 2069, Block 2070, Block 2071,
Block 2072, Block 2073, Block 2074, Block 2075, Block 2076, Block 2077,
Block 2078, Block 2079, Block 2998, Block 2999, Tract 103.05; Block
1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block
1012, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block
2020, Block 2021, Block 2022, Block 2032, Block 2033, Block 2034, Block
2035, Block 2036, Block 2037, Block 2038, Block 2039, Block 2040, Block
2044, Block 2045, Block 2047, Block 2048, Block 2049, Block 2050, Block
2051, Block 2054, Block 2055, Block 2056, Block 2057, Block 2065, Block
2066, Block 2067, Block 2071, Block 2072, Block 2073, Block 2074, Block
2075, Block 2076, Block 2077, Block 2078, Block 2079, Block 2080, Tract
104.02; Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
[Title 44 RCW—page 13]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2033,
Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block 2039,
Block 2040, Block 2041, Block 2042, Block 2043, Block 2044, Block 2045,
Block 2046, Block 2047, Block 2048, Block 2049, Block 2050, Block 2051,
Block 2052, Block 2053, Block 2054, Block 2055, Block 2056, Block 2057,
Block 2058, Block 2059, Block 2060, Block 2061, Block 2062, Block 2063,
Block 2064, Block 2065, Block 2066, Block 2067, Block 2068, Block 2069,
Block 2070, Block 2071, Block 2072, Block 2073, Block 2074, Block 2075,
Block 2076, Block 2077, Block 2078, Block 2079, Block 2080, Block 2081,
Block 2082, Block 2083, Block 2084, Block 2085, Block 2086, Block 2087,
Block 2088, Block 2089, Block 2090, Block 2091, Block 2097, Block 2098,
Block 2099, Block 2100, Block 2101, Block 2102, Block 2103, Block 2104,
Block 2105, Block 2106, Block 2107, Block 2108, Block 2109, Block 2110,
Block 2111, Tract 105.03; Block 3000, Block 3001, Block 3002, Block
3003, Block 3010, Tract 139.00; Block 3000, Block 3001, Tract 141.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1016,
Block 1017, Block 1018, Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015,
Block 3016, Block 3017, Block 3018, Block 3019, Block 3020, Block 3021,
Block 3022, Block 3023, Block 3024, Block 3025, Block 3026, Block 3027,
Block 3028, Block 3030, Block 3031, Block 3032, Block 3033, Block 3034,
Block 3035, Block 3036, Block 3037, Block 3038, Block 3039, Block 3040,
Block 3041, Block 3042, Block 3043, Block 3044, Block 3045, Block 3046,
Block 3047, Block 3048, Block 3049, Block 3050, Block 3051, Block 3052,
Block 3053, Block 3054, Block 3055, Block 3056, Block 3057, Block 3058,
Block 3059, Block 3060, Block 3061, Block 3062, Block 3063, Block 3064,
Block 3065, Block 3066, Block 3067, Block 3068, Block 3069, Block 3070,
Block 3071, Block 3072, Block 3998, Block 3999, Stevens County.
District 8: Benton County (Part) - Tracts: 101.00, 102.01, 102.02,
103.00, 104.00, 105.00, 106.00, 107.00, 108.03, 108.04, 109.01, 109.02,
110.01, 110.02, 111.00, 117.00, 119.00, 120.00, Benton County (Part) Block Groups Tract 108.01; Block Group 1, Tract 108.01; Block Group 2,
Tract 108.01; Block Group 3, Tract 112.00; Block Group 1, Tract 112.00;
Block Group 2, Tract 112.00; Block Group 3, Tract 112.00; Block Group 4,
Tract 112.00; Block Group 5, Tract 114.01; Block Group 1, Tract 115.02;
Block Group 1, Tract 115.02; Block Group 2, Tract 115.02; Block Group 4,
Tract 115.02; Block Group 5, Tract 118.00; Block Group 1, Tract 118.00;
Block Group 2, Tract 118.00; Block Group 3, Benton County (Part) - Blocks:
Tract 108.01; Block 4000, Block 4001, Block 4002, Block 4003, Block
4004, Block 4005, Block 4006, Block 4007, Block 4008, Block 4009, Block
4010, Block 4011, Block 4012, Block 4016, Block 4017, Block 4018, Block
4019, Block 4020, Block 4021, Block 4022, Block 4023, Block 4024, Block
4025, Block 4026, Block 4027, Block 4028, Block 4029, Block 4030, Block
4031, Block 4032, Block 4033, Block 4034, Block 4035, Block 4036, Block
4037, Block 4038, Block 4039, Block 4040, Block 4041, Block 4042, Block
4043, Block 4044, Block 4045, Block 4046, Block 4047, Block 4048, Block
4055, Block 4056, Block 4057, Block 4058, Block 4059, Block 4060, Block
4061, Block 5000, Block 5001, Block 5002, Block 5003, Block 5004, Block
5005, Block 5006, Block 5007, Block 5009, Block 5010, Block 5011, Block
5012, Block 5013, Block 5014, Block 5015, Block 5016, Block 5017, Block
5018, Block 5019, Block 5020, Block 5021, Block 5022, Block 5023, Block
5024, Block 5025, Block 5026, Block 5027, Block 5028, Block 5029, Block
5030, Block 5034, Block 5035, Block 5036, Block 5037, Block 5038, Block
5039, Block 5040, Block 5041, Block 5042, Block 5043, Block 5044, Block
5051, Block 5077, Block 5130, Block 5131, Block 5132, Block 5133, Block
5134, Block 5135, Block 5136, Block 5137, Block 5138, Block 5139, Block
5140, Block 5141, Block 5142, Block 5143, Block 5144, Block 5145, Block
5146, Block 5147, Block 5148, Block 5149, Block 5150, Tract 112.00;
Block 6001, Block 6002, Block 6003, Tract 113.00; Block 1007, Block
1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block
1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block
1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025, Block
1026, Block 1027, Block 1028, Block 1029, Block 1030, Block 1031, Block
1032, Block 1033, Block 1034, Block 1035, Block 1036, Block 1037, Block
1038, Block 1039, Block 1040, Block 1041, Block 1042, Block 1043, Block
1044, Block 1045, Block 1046, Block 1047, Block 1048, Block 1049, Block
1050, Block 1051, Block 1052, Block 1053, Block 1054, Block 1055, Block
1056, Block 1057, Block 1058, Block 1059, Block 1060, Block 1061, Block
1062, Block 1063, Block 1064, Block 1065, Block 1066, Block 1067, Block
1068, Block 1069, Block 1070, Block 1071, Block 1072, Block 1073, Block
1074, Block 1075, Block 1076, Block 1077, Block 1078, Block 1079, Block
1080, Block 1081, Block 1082, Block 1083, Block 1998, Block 2001, Block
2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block
[Title 44 RCW—page 14]
2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block
2026, Block 2027, Block 2028, Block 2029, Block 2030, Block 2031, Block
2032, Block 2033, Block 2034, Block 2035, Block 2036, Block 2037, Block
2038, Block 2039, Block 2040, Block 2041, Block 2044, Tract 115.02;
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3020, Block 3021, Block 3022, Block 3023,
Block 3024, Block 3025, Block 3026, Block 3027, Block 3028, Block 3029,
Block 3030, Block 3031, Block 3032, Block 3033, Block 3034, Block 3035,
Block 3036, Block 3037, Block 3038, Block 3039, Block 3040, Block 3041,
Block 3042, Tract 118.00; Block 4007, Block 4008, Block 4009, Block
4010, Block 4011, Block 4012, Block 4014, Block 4020, Block 4021, Block
4024, Block 4025, Block 4026, Block 4027, Block 4028, Block 4029, Block
4030, Block 4031, Block 4032, Block 4033, Block 4037, Block 4038, Block
4039, Block 4048, Block 4049, Block 4050, Block 4051, Block 4053, Block
4054, Block 4055, Block 4056, Block 4057, Block 4058, Block 4059, Block
4060, Block 4061, Block 4062, Block 4063, Block 4064, Block 4065, Block
4066, Block 4067, Block 4994, Block 4995, Block 4996, Block 4997, Block
4998, Block 4999.
District 9: Adams County, Asotin County, Franklin County (Part) Tracts: 208.00, Franklin County (Part) - Block Groups Tract 207.00; Block
Group 1, Franklin County (Part) - Blocks: Tract 206.01; Block 1000, Block
1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block
1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block
1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block
1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block
1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036, Block
1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042, Block
1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048, Block
1049, Block 1050, Block 1051, Block 1052, Block 1053, Block 1054, Block
1055, Block 1056, Block 1057, Block 1058, Block 1059, Block 1060, Block
1061, Block 1062, Block 1063, Block 1064, Block 1065, Block 1996, Block
1997, Block 1998, Block 1999, Block 2000, Block 2001, Block 2002, Block
2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block
2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block
2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block
2027, Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block
2033, Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block
2039, Block 2040, Block 2041, Block 2042, Block 2043, Block 2044, Block
2045, Block 2046, Block 2047, Block 2048, Block 2049, Block 2050, Block
2051, Block 2052, Block 2053, Block 2054, Block 2055, Block 2056, Block
2057, Block 2058, Block 2059, Block 2060, Block 2061, Block 2062, Block
2063, Block 2064, Block 2065, Block 2066, Block 2067, Block 2068, Block
2069, Block 2070, Block 2071, Block 2072, Block 2073, Block 2074, Block
2075, Block 2076, Block 2077, Block 2078, Block 2079, Block 2080, Block
2081, Block 2082, Block 2083, Block 2084, Block 2085, Block 2086, Block
2087, Block 2088, Block 2089, Block 2090, Block 2091, Block 2092, Block
2096, Block 2097, Block 2098, Block 2099, Block 2100, Block 2101, Block
2102, Block 2103, Block 2104, Block 2105, Block 2106, Block 2107, Block
2108, Block 2109, Block 2110, Block 2111, Block 2112, Block 2113, Block
2114, Block 2115, Block 2116, Block 2117, Block 2118, Block 2119, Block
2125, Block 2126, Block 2127, Block 2128, Block 2998, Block 2999, Tract
207.00; Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2026, Block 2027, Block 2028,
Block 2029, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2035, Block 2036, Block 2037, Block 2038, Block 2044, Block 2045,
Block 2046, Block 2047, Block 2050, Block 2996, Block 2998, Block 2999,
Garfield County, Spokane County (Part) -Tracts: 140.01, 140.02, 142.00,
143.00, Spokane County (Part) -Block Groups Tract 133.00; Block Group 2,
Tract 135.00; Block Group 3, Tract 139.00; Block Group 1, Tract 139.00;
Block Group 2, Tract 139.00; Block Group 4, Spokane County (Part) Blocks: Tract 50.00; Block 1018, Block 1019, Block 2000, Block 2001,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Tract
124.02; Block 1034, Block 1035, Block 1036, Block 1037, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1042, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023,
Tract 131.00; Block 5011, Tract 132.02; Block 1005, Block 2022, Block
2023, Block 2024, Block 2025, Tract 133.00; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1005, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
(2004 Ed.)
Legislative Districts and Apportionment
Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1037, Block 1038, Block 1039,
Block 1040, Block 1041, Block 1042, Block 1043, Block 1044, Block 1045,
Block 1046, Block 1047, Block 1048, Block 1049, Block 1050, Block 1051,
Block 1052, Block 1053, Block 1054, Block 1055, Block 1056, Block 1057,
Block 1058, Block 1059, Block 1060, Block 1061, Block 1062, Tract
134.01; Block 1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1032, Block 1033, Block 1034, Block 2021, Block 2024, Block 2025,
Block 2026, Block 2027, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2035, Block 2036, Block 2037, Block 2038, Block 2039, Tract
135.00; Block 1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1029, Block 1030, Block 1031, Block 1032, Block 1033, Block 1034,
Block 1035, Block 1036, Block 1037, Block 1038, Block 1039, Block 1041,
Block 1042, Block 1043, Block 1044, Block 1045, Block 1046, Block 1047,
Block 1048, Block 1049, Block 1050, Block 1051, Block 1052, Block 1053,
Block 1054, Block 1055, Block 1056, Block 1057, Block 1058, Block 1059,
Block 2011, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2029, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2035, Block 2036, Block 2037, Block 2038, Block 2039, Block 2040,
Block 2041, Block 2042, Block 2043, Block 2044, Block 2045, Block 2046,
Block 2047, Block 2048, Block 2049, Block 2050, Tract 139.00; Block
3002, Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block
3008, Block 3009, Block 3010, Block 3011, Block 3012, Block 3013, Block
3014, Block 3015, Block 3016, Block 3017, Block 3018, Block 3019, Block
3020, Block 3021, Block 3022, Block 3023, Block 3024, Block 3025, Block
3026, Block 3027, Block 3028, Block 3029, Block 3030, Block 3031, Block
3032, Block 3033, Block 3034, Block 3035, Block 3036, Block 3037, Block
3038, Block 3039, Block 3040, Block 3041, Block 3042, Block 3043, Block
3044, Block 3045, Block 3046, Block 3047, Block 3048, Block 3049, Block
3050, Block 3051, Block 3052, Block 3053, Block 3054, Block 3055, Block
3056, Block 3057, Block 3058, Block 3059, Block 3060, Block 3061, Block
3062, Block 3063, Block 3064, Block 3065, Block 3066, Block 3067, Block
3068, Block 3069, Block 3070, Block 3071, Block 3072, Block 3073, Block
3074, Block 3075, Block 3076, Block 3077, Block 3078, Block 3079, Block
3080, Block 3081, Block 3082, Block 3083, Block 3084, Block 3085, Block
3086, Block 3999, Tract 141.00; Block 1006, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1029, Block 1030, Block 1031, Block 1032, Block 1033, Block 1034,
Block 1035, Block 1998, Block 1999, Block 2000, Block 2001, Block 2002,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2033,
Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block 2039,
Block 2040, Block 2041, Block 2042, Block 2043, Block 2044, Block 2045,
Block 2046, Block 2047, Block 2048, Block 2049, Block 2050, Block 2051,
Block 2052, Block 2053, Block 2054, Block 2055, Block 2056, Block 2057,
Block 2058, Block 2059, Block 2060, Block 2061, Block 2062, Block 3029,
Whitman County.
District 10: Island County, Skagit County (Part) -Tracts: 9521.00,
Skagit County (Part) - Block Groups Tract 9502.00; Block Group 3, Tract
9520.00; Block Group 1, Tract 9526.00; Block Group 3, Tract 9527.00;
Block Group 2, Tract 9527.00; Block Group 3, Skagit County (Part) Blocks: Tract 9501.00; Block 2086, Block 2087, Block 2088, Block 2089,
Block 2093, Block 2094, Block 2095, Block 2096, Tract 9502.00; Block
1037, Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block
2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block
2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block
2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block
2024, Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block
2030, Block 2031, Block 2995, Block 2996, Block 2997, Block 2998, Block
2999, Tract 9504.00; Block 2028, Tract 9508.00; Block 3026, Block 3030,
Tract 9512.00; Block 1348, Block 1349, Tract 9516.00; Block 2002, Block
2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block
2009, Block 2010, Block 3017, Block 3018, Block 3019, Block 3020, Block
3021, Block 3022, Block 3023, Block 3024, Block 3025, Block 3026, Block
3031, Block 3032, Block 3033, Block 3034, Block 3035, Block 3036, Block
3037, Block 3047, Block 3048, Block 3049, Tract 9518.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1039, Block 1040, Block 1041,
Block 1042, Block 1043, Block 1044, Block 1045, Block 1046, Block 1047,
(2004 Ed.)
Chapter 44.07D
Block 1048, Block 1049, Block 1050, Block 2019, Block 2020, Block 2024,
Tract 9519.00; Block 1037, Block 2000, Block 2001, Block 2002, Block
2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block
2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block
2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block
2027, Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block
2033, Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block
2039, Block 2040, Block 2041, Block 2042, Block 2043, Block 2044, Block
2045, Block 2046, Block 2047, Block 2048, Block 2049, Block 2050, Block
2052, Block 2053, Block 2054, Block 2055, Block 2998, Block 2999, Tract
9520.00; Block 2007, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026,
Block 2027, Block 2028, Block 2029, Block 2030, Block 2031, Block 2032,
Block 2033, Block 2034, Block 2035, Block 2036, Block 2037, Block 2038,
Block 2039, Block 2040, Block 2041, Block 2042, Block 2043, Block 2044,
Block 2045, Block 2046, Block 2047, Block 2048, Block 2049, Block 2050,
Block 2051, Block 2986, Block 2987, Block 2988, Block 2989, Block 2990,
Block 2991, Block 2992, Block 2993, Block 2994, Block 2995, Tract
9524.00; Block 4006, Block 4007, Tract 9525.00; Block 4021, Tract
9526.00; Block 1002, Block 1003, Block 1997, Block 2000, Block 2001,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2997,
Block 2998, Block 4000, Block 4001, Block 4002, Block 4004, Block 4034,
Tract 9527.00; Block 1000, Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block
1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block
1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block
1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block
1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033, Block
1034, Block 1035, Block 1036, Block 1037, Block 1038, Block 1039, Block
1040, Block 1041, Block 1042, Block 1043, Block 1044, Block 1045, Block
1046, Block 1047, Block 1048, Block 1049, Block 1050, Block 1052, Block
1053, Block 1054, Block 1055, Block 1056, Block 1057, Block 1058, Block
1059, Block 1060, Block 1061, Block 1062, Block 1063, Block 1064, Block
1065, Block 1066, Block 1067, Block 1068, Block 1069, Block 1070, Block
1071, Block 1072, Block 1073, Block 1074, Block 1075, Block 1076, Block
1077, Block 1996, Block 1997, Block 1998, Block 1999, Snohomish County
(Part) -Tracts: 531.01, 531.02, 532.01, 532.02, 533.01, 533.02, Snohomish
County (Part) - Blocks: Tract 528.03; Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1023, Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2012,
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 4000, Block 4001,
Block 4002, Block 4003, Block 4004, Block 4005, Block 4006, Block 4010,
Tract 528.04; Block 3000, Tract 534.00; Block 1000, Block 1001, Block
1021, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block
1027, Block 1028, Block 1029, Block 2000, Block 2001, Block 2002, Block
2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block
2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block
2023, Block 2026, Block 2027, Block 2030, Block 2031, Block 2032, Block
2033, Block 2034, Block 2035, Tract 535.03; Block 4029, Block 6001,
Block 6002, Block 6003, Block 6004, Block 6005, Block 6006, Block 6007,
Block 6008, Block 6009, Block 6010, Block 6011, Block 6012, Block 6013,
Block 6014.
District 11: King County (Part) - Tracts: 109.00, 254.00, 255.00,
257.01, 258.01, 258.03, 258.04, 270.00, 271.00, 272.00, 273.00, 274.00,
282.00, King County (Part) - Block Groups Tract 93.00; Block Group 3,
Tract 104.00; Block Group 3, Tract 104.00; Block Group 4, Tract 104.00;
Block Group 5, Tract 104.00; Block Group 6, Tract 104.00; Block Group 7,
Tract 110.00; Block Group 3, Tract 110.00; Block Group 4, Tract 112.00;
Block Group 3, Tract 253.00; Block Group 4, Tract 256.00; Block Group 2,
Tract 257.02; Block Group 1, Tract 257.02; Block Group 3, Tract 257.02;
Block Group 4, Tract 257.02; Block Group 5, Tract 262.00; Block Group 2,
Tract 262.00; Block Group 3, Tract 262.00; Block Group 4, Tract 263.00;
Block Group 2, Tract 264.00; Block Group 1, Tract 264.00; Block Group 2,
Tract 264.00; Block Group 3, Tract 264.00; Block Group 5, Tract 268.01;
Block Group 1, Tract 268.01; Block Group 2, Tract 268.02; Block Group 3,
Tract 269.00; Block Group 1, Tract 275.00; Block Group 1, Tract 275.00;
Block Group 2, Tract 293.03; Block Group 1, Tract 293.03; Block Group 2,
Tract 293.05; Block Group 3, Tract 319.07; Block Group 2, Tract 319.08;
Block Group 3, King County (Part) - Blocks: Tract 93.00; Block 2043, Block
[Title 44 RCW—page 15]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
2044, Block 2045, Block 2046, Block 2047, Block 2048, Block 2049, Block
2050, Block 2051, Tract 100.00; Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015,
Block 3016, Block 3017, Block 4012, Block 4013, Block 4014, Block 4015,
Block 4016, Block 4017, Block 4018, Block 4019, Block 4020, Block 4021,
Block 4022, Block 4023, Block 5017, Block 5020, Block 5021, Block 7006,
Block 7007, Block 7008, Block 7009, Block 7010, Block 7011, Block 7012,
Block 7017, Block 7018, Block 7019, Block 7020, Tract 104.00; Block
2003, Block 2005, Block 2012, Block 2013, Block 8011, Block 8012, Block
8013, Block 8014, Block 8015, Block 8016, Block 8017, Tract 110.00;
Block 1004, Block 1005, Block 1006, Block 2003, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 5000, Block 5001, Block 5002,
Block 5003, Block 5004, Block 5005, Block 5006, Block 5007, Block 5008,
Block 5009, Block 5010, Block 5011, Block 5013, Block 5014, Block 5015,
Tract 112.00; Block 1000, Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block
1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block
1016, Block 1017, Block 1019, Block 1020, Block 1021, Block 1022, Block
1023, Block 1024, Block 1025, Block 1026, Block 2000, Block 2001, Block
2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2013, Block
2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block
2020, Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block
2026, Block 2027, Block 2028, Block 2029, Block 2030, Block 2031, Block
2032, Block 2033, Block 2034, Block 2035, Block 2036, Block 2037, Block
2038, Block 2039, Block 2040, Block 2041, Block 2042, Block 2043, Block
2996, Block 2997, Block 2998, Block 2999, Tract 117.00; Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2012, Block 2013,
Block 2014, Block 3000, Block 3001, Block 3002, Block 3003, Block 3006,
Tract 119.00; Block 4011, Block 4012, Tract 251.01; Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block
2003, Block 2004, Tract 251.02; Block 2002, Block 2003, Block 2012,
Block 2013, Block 2025, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Tract 252.00; Block 2011, Block 2012, Block 3006, Block
3007, Block 3008, Tract 253.00; Block 3058, Block 3059, Block 3060,
Block 3061, Block 3062, Block 3063, Block 5022, Block 5023, Block 5024,
Block 5026, Block 5027, Block 5028, Block 5029, Block 5030, Block 5031,
Block 5032, Block 5033, Block 5034, Block 5035, Block 5036, Block 5037,
Tract 256.00; Block 1000, Block 3001, Block 3002, Block 3015, Block
3016, Block 3017, Block 3018, Block 3019, Block 3020, Tract 257.02;
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Tract
260.02; Block 1018, Block 1019, Block 1020, Block 1027, Block 1028,
Block 1029, Block 1031, Block 1032, Block 1033, Block 1034, Block 1035,
Block 1036, Tract 261.00; Block 1009, Block 4008, Block 4009, Block
4010, Block 4011, Block 4012, Block 4013, Block 4014, Block 4015, Block
4016, Block 4017, Block 4018, Block 4019, Block 4020, Block 4021, Block
5003, Block 5004, Block 5005, Block 5006, Block 5007, Block 5008, Block
5010, Tract 262.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1037, Block 1038, Block 1039,
Block 1040, Block 1041, Block 1042, Block 1043, Block 1044, Block 1045,
Block 1046, Block 1047, Block 1048, Block 1049, Block 1050, Block 1051,
Block 1052, Block 1053, Block 1054, Block 1055, Block 1056, Block 1057,
Block 1058, Block 1059, Block 1060, Block 1061, Block 1062, Block 1063,
Block 1064, Block 1065, Block 1066, Block 1067, Block 1068, Block 1069,
Block 1070, Block 1071, Block 1072, Block 1073, Block 1074, Block 1075,
Block 1076, Block 1077, Block 1078, Block 1079, Block 1080, Block 1081,
Block 1082, Block 1083, Block 1084, Block 1085, Block 1087, Block 1088,
Block 1089, Block 1090, Block 1091, Block 1092, Block 1093, Block 1094,
Block 1095, Block 1096, Block 1097, Block 1098, Block 1099, Block 1100,
Block 1101, Block 1102, Block 1103, Block 1104, Block 1105, Block 1106,
Block 1107, Block 1108, Block 1109, Block 1110, Block 1111, Block 1112,
Block 1113, Block 1114, Block 1115, Block 1116, Block 1117, Block 1118,
Block 1119, Block 1120, Block 1121, Block 1122, Block 1123, Block 1124,
Block 1996, Block 1997, Block 1998, Block 1999, Tract 263.00; Block
1017, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block
1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block
1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036, Block
1037, Block 1038, Block 1998, Block 1999, Tract 264.00; Block 4000,
Block 4001, Block 4002, Block 4003, Block 4004, Block 4005, Block 4006,
Block 4007, Block 4009, Block 4010, Block 4011, Block 4012, Tract
268.02; Block 2000, Block 2003, Block 4005, Tract 269.00; Block 2000,
[Title 44 RCW—page 16]
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2008,
Block 2009, Tract 275.00; Block 3000, Block 3001, Block 3002, Block
3003, Block 3004, Block 3011, Block 4000, Block 4001, Block 4002, Block
4005, Block 4007, Block 4012, Block 4013, Block 5000, Block 5001, Block
5004, Block 5009, Block 5010, Tract 281.00; Block 1000, Block 1003,
Block 2000, Tract 283.00; Block 1000, Block 1001, Block 1003, Block
1004, Block 1005, Block 1007, Block 2000, Block 2002, Block 3000, Block
3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3008, Block
3012, Block 3019, Tract 288.02; Block 4000, Tract 292.01; Block 4000,
Block 4001, Block 4002, Block 4003, Tract 293.03; Block 3000, Block
3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006, Block
3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012, Block
3013, Block 3014, Block 3015, Block 3016, Block 3017, Block 3018, Block
3019, Block 3021, Tract 293.04; Block 1003, Block 1004, Block 1005, Tract
293.05; Block 1000, Block 1002, Block 4000, Block 4001, Tract 319.08;
Block 1001, Block 1002, Block 4001, Block 4002, Block 4003.
District 12: Chelan County, Douglas County, Grant County (Part) Block Groups Tract 9801.00; Block Group 1, Tract 9801.00; Block Group
2, Tract 9801.00; Block Group 4, Grant County (Part) -Blocks: Tract
9801.00; Block 3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022,
Block 3023, Block 3024, Block 3025, Block 3026, Block 3027, Block 3028,
Block 3029, Block 3030, Block 3031, Block 3032, Block 3033, Block 3034,
Block 3035, Block 3036, Block 3037, Block 3038, Block 3039, Block 3040,
Block 3041, Block 3042, Block 3043, Block 3044, Block 3045, Block 3046,
Block 3047, Block 3048, Block 3049, Block 3050, Block 3051, Block 3052,
Block 3053, Block 3054, Block 3055, Block 3056, Block 3057, Block 3058,
Block 3059, Block 3060, Block 3061, Block 3062, Block 3063, Block 3064,
Block 3065, Block 3066, Block 3067, Block 3068, Block 3069, Block 3070,
Block 3071, Block 3072, Block 3073, Block 3074, Block 3075, Block 3076,
Block 3077, Block 3078, Block 3079, Block 3080, Block 3081, Block 3082,
Block 3083, Block 3084, Block 3085, Block 3086, Block 3087, Block 3088,
Block 3089, Block 3090, Block 3091, Block 3092, Block 3093, Block 3094,
Block 3095, Block 3096, Block 3097, Block 3098, Block 3099, Block 3100,
Block 3101, Block 3102, Block 3103, Block 3104, Block 3105, Block 3106,
Block 3107, Block 3108, Block 3109, Block 3110, Block 3111, Block 3112,
Block 3113, Block 3114, Block 3115, Block 3116, Block 3117, Block 3118,
Block 3119, Block 3120, Block 3121, Block 3122, Block 3123, Block 3124,
Block 3125, Block 3126, Block 3127, Block 3128, Block 3129, Block 3130,
Block 3131, Block 3132, Block 3133, Block 3134, Block 3135, Block 3136,
Block 3137, Block 3138, Block 3139, Block 3140, Block 3141, Block 3142,
Block 3143, Block 3144, Block 3145, Block 3146, Block 3147, Block 3148,
Block 3149, Block 3150, Block 3151, Block 3152, Block 3153, Block 3154,
Block 3155, Block 3156, Block 3157, Block 3158, Block 3159, Block 3160,
Block 3161, Block 3162, Block 3163, Block 3164, Block 3165, Block 3166,
Block 3167, Block 3168, Block 3169, Block 3170, Block 3171, Block 3172,
Block 3173, Block 3174, Block 3175, Block 3176, Block 3177, Block 3178,
Block 3179, Block 3180, Block 3181, Block 3182, Block 3183, Block 3184,
Block 3185, Block 3186, Block 3187, Block 3188, Block 3189, Block 3190,
Block 3191, Block 3192, Block 3193, Block 3194, Block 3195, Block 3196,
Block 3197, Block 3198, Block 3199, Block 3200, Block 3201, Block 3202,
Block 3203, Block 3204, Block 3205, Block 3206, Block 3207, Block 3208,
Block 3209, Block 3210, Block 3211, Block 3212, Block 3213, Block 3214,
Block 3215, Block 3216, Block 3217, Block 3218, Block 3219, Block 3220,
Block 3221, Block 3222, Block 3223, Block 3224, Block 3225, Block 3226,
Block 3227, Block 3228, Block 3229, Block 3230, Block 3231, Block 3232,
Block 3233, Block 3234, Block 3235, Block 3236, Block 3237, Block 3238,
Block 3239, Block 3240, Block 3241, Block 3242, Block 3243, Block 3244,
Block 3245, Block 3246, Block 3247, Block 3248, Block 3249, Block 3250,
Block 3251, Block 3252, Block 3253, Block 3254, Block 3255, Block 3256,
Block 3257, Block 3258, Block 3259, Block 3260, Block 3261, Block 3262,
Block 3263, Block 3264, Block 3265, Block 3266, Block 3267, Block 3268,
Block 3269, Block 3270, Block 3271, Block 3272, Block 3273, Block 3274,
Block 3275, Block 3276, Block 3277, Block 3278, Block 3279, Block 3280,
Block 3281, Block 3282, Block 3283, Block 3284, Block 3285, Block 3286,
Block 3287, Block 3288, Block 3289, Block 3290, Block 3291, Block 3292,
Block 3293, Block 3294, Block 3295, Block 3296, Block 3297, Block 3298,
Block 3299, Block 3300, Block 3301, Block 3302, Block 3303, Block 3304,
Block 3305, Block 3306, Block 3307, Block 3308, Block 3309, Block 3311,
Block 3312, Block 3313, Block 3314, Block 3315, Block 3316, Block 3317,
Block 3318, Block 3319, Block 3320, Block 3321, Block 3322, Block 3323,
Block 3324, Block 3325, Block 3326, Block 3327, Block 3328, Block 3329,
Block 3330, Block 3331, Block 3332, Block 3333, Block 3334, Block 3335,
Block 3336, Block 3337, Block 3338, Block 3339, Block 3340, Block 3341,
(2004 Ed.)
Legislative Districts and Apportionment
Block 3342, Block 3343, Block 3344, Block 3345, Block 3346, Block 3347,
Block 3348, Block 3349, Block 3350, Block 3351, Block 3352, Block 3353,
Block 3354, Block 3355, Block 3356, Block 3357, Block 3358, Block 3359,
Block 3360, Block 3361, Block 3362, Block 3363, Block 3364, Block 3365,
Block 3366, Block 3367, Block 3368, Block 3369, Block 3370, Block 3371,
Block 3372, Block 3373, Block 3374, Block 3375, Block 3376, Block 3377,
Block 3983, Block 3984, Block 3985, Block 3986, Block 3987, Block 3988,
Block 3989, Block 3990, Block 3991, Block 3992, Block 3993, Block 3994,
Block 3995, Block 3996, Block 3997, Block 3998, Block 3999, Tract
9802.00; Block 1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1038, Block 1039, Block 1040, Block 1041, Block 1042, Block 1043,
Block 1044, Block 1047, Block 1048, Block 1080, Block 1081, Block 1082,
Block 1083, Block 1084, Block 1085, Block 1086, Block 1087, Block 1088,
Block 1089, Block 1090, Block 1091, Block 1092, Block 1093, Block 1094,
Block 1095, Block 1096, Block 1097, Block 1098, Block 1099, Block 1100,
Block 1215, Block 1216, Block 1217, Block 1218, Block 1219, Block 1220,
Block 1221, Block 1222, Block 1223, Block 1224, Block 1225, Block 1226,
Block 1227, Block 1228, Block 1229, Block 1230, Block 1231, Block 1232,
Block 1233, Block 1234, Block 1235, Block 1236, Block 1237, Block 1238,
Block 1239, Block 1240, Block 1241, Block 1243, Tract 9803.00; Block
1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block
1010, Block 1011, Block 1012, Block 1014, Block 1015, Block 1042, Block
1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048, Block
2000, Block 2001, Block 2048, Block 2049, Block 2050, Block 2051, Block
2052, Block 2053, Block 2054, Block 2055, Block 2056, Block 2057, Block
2058, Block 2059, Block 2060, Block 2061, Block 2062, Block 2064, Block
2065, Block 2066, Block 2074, Block 2075, Block 2077, Block 2078, Block
2079, Block 2080, Block 2081, Block 2082, Block 2083, Block 2084, Block
2085, Block 2086, Block 2087, Block 2088, Block 2089, Block 2090, Block
2091, Block 2092, Block 2093, Block 2094, Block 2095, Block 2096, Block
2097, Block 2098, Block 2099, Block 2100, Block 2101, Block 2102, Block
2103, Block 2104, Block 2105, Block 2106, Block 2114, Block 2115, Block
2116, Block 2117, Block 2118, Block 2119, Block 2120, Block 2121, Block
2122, Block 2123, Block 2124, Block 2125, Block 2126, Block 2127, Block
2128, Block 2129, Block 2130, Block 2131, Block 2132, Block 2133, Block
2134, Block 2135, Block 2136, Block 2137, Block 2138, Block 2139, Block
2140, Block 2141, Okanogan County (Part) -Tracts: 9708.00, 9709.00,
9710.00, Okanogan County (Part) - Block Groups Tract 9701.00; Block
Group 3, Tract 9701.00; Block Group 4, Tract 9705.00; Block Group 2,
Tract 9707.00; Block Group 5, Okanogan County (Part) - Blocks: Tract
9701.00; Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022,
Block 2023, Block 2024, Block 2025, Block 2026, Block 2027, Block 2028,
Block 2029, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2035, Block 2036, Block 2037, Block 2038, Block 2039, Block 2040,
Block 2041, Block 2042, Block 2043, Block 2044, Block 2045, Block 2046,
Block 2047, Block 2050, Block 2051, Block 2052, Block 2053, Block 2054,
Block 2055, Block 2056, Block 2057, Block 2058, Block 2059, Block 2060,
Block 2061, Block 2062, Block 2063, Block 2064, Block 2065, Block 2066,
Block 2067, Block 2068, Block 2069, Block 2070, Block 2071, Block 2072,
Block 2073, Block 2074, Block 2075, Block 2076, Block 2077, Block 2078,
Block 2079, Block 2080, Block 2081, Block 2082, Block 2083, Block 2084,
Block 2085, Block 2086, Block 2087, Block 2088, Block 2089, Block 2090,
Block 2091, Block 2092, Block 2093, Block 2094, Block 2095, Block 2096,
Block 2097, Block 2098, Block 2099, Block 2100, Block 2101, Block 2102,
Block 2103, Block 2104, Block 2105, Block 2106, Block 2107, Block 2108,
Block 2109, Block 2110, Block 2111, Block 2112, Block 2113, Block 2114,
Block 2115, Block 2116, Block 2117, Block 2118, Block 2119, Block 2120,
Block 2121, Block 2122, Block 2123, Block 2124, Block 2125, Block 2126,
Block 2127, Block 2128, Block 2129, Block 2130, Block 2131, Block 2132,
Block 2133, Block 2134, Block 2135, Block 2136, Block 2993, Block 2994,
Block 2995, Block 2996, Block 2997, Block 2998, Block 2999, Tract
9702.00; Block 1127, Block 1128, Block 1129, Block 1130, Block 1131,
Block 1132, Block 1133, Block 1134, Block 1135, Block 1136, Block 1137,
Block 1141, Block 1142, Block 1143, Block 1144, Block 1145, Block 1146,
Block 1147, Block 1148, Block 1149, Block 1150, Block 1151, Block 1152,
Block 1153, Block 1154, Block 1155, Block 1156, Block 1157, Block 1158,
Block 1159, Block 1160, Block 1161, Block 1162, Block 1163, Block 1164,
Block 1165, Block 1166, Block 1167, Block 1168, Block 1169, Block 1170,
Block 1171, Block 1172, Block 1173, Block 1174, Block 1175, Block 1176,
(2004 Ed.)
Chapter 44.07D
Block 1177, Block 1201, Block 1202, Block 1203, Block 1204, Block 1206,
Block 1207, Block 1208, Block 1209, Block 1210, Block 1211, Block 1212,
Block 1213, Block 1214, Block 1215, Block 1216, Block 1217, Block 1218,
Block 1219, Block 1220, Block 1221, Block 1222, Block 1223, Block 1224,
Block 1225, Block 1226, Block 1227, Block 1228, Block 1229, Block 1244,
Block 1245, Block 1246, Block 1249, Block 1250, Block 1251, Block 1252,
Block 1253, Block 1254, Block 1255, Block 1256, Block 1257, Block 1258,
Block 1259, Block 1260, Block 1261, Block 1262, Block 1263, Block 1264,
Block 1265, Block 1266, Block 1267, Block 1268, Block 1269, Block 1270,
Block 1271, Block 1272, Block 1273, Block 1274, Block 1282, Block 1283,
Block 1284, Block 1285, Block 1286, Block 1287, Block 1288, Block 1289,
Block 1290, Block 1291, Block 1292, Block 1293, Block 1294, Block 1295,
Block 1296, Block 1297, Block 1298, Block 1299, Block 1300, Block 1301,
Block 1302, Block 1303, Block 1304, Block 1305, Block 1306, Block 1307,
Block 1308, Block 1309, Block 1313, Block 1314, Block 1315, Block 1316,
Block 1317, Block 1318, Block 1319, Block 1320, Block 1321, Block 1323,
Block 1324, Block 1325, Block 1326, Block 1327, Block 1328, Block 1329,
Block 1330, Block 1331, Block 1332, Block 1333, Block 1334, Block 1335,
Block 1336, Block 1337, Block 1338, Block 1339, Block 1340, Block 1341,
Block 1342, Block 1343, Block 1344, Block 1345, Block 1346, Block 1347,
Block 1348, Block 1349, Block 1350, Block 1351, Block 1352, Block 1353,
Block 1354, Block 1355, Block 1356, Block 1357, Block 1358, Block 1359,
Block 1360, Block 1361, Block 1362, Block 1363, Block 1364, Block 1365,
Block 1366, Block 1367, Block 1368, Block 1369, Block 1370, Block 1371,
Block 1372, Block 1373, Block 1374, Block 1375, Block 1376, Block 1377,
Block 1378, Block 1379, Block 1380, Block 1381, Block 1382, Block 1995,
Block 1996, Block 1997, Block 2069, Block 2070, Block 2073, Block 2074,
Block 2075, Block 2076, Block 2077, Block 2078, Block 2079, Block 2080,
Block 2081, Block 2082, Block 2083, Block 2084, Block 2085, Block 2087,
Block 2094, Block 2095, Block 2096, Block 2097, Block 2098, Block 2099,
Block 2100, Block 2101, Block 2102, Block 2103, Block 2104, Block 2994,
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3040, Block 3041, Block 3042, Block 3043, Block 3044, Block 3045,
Block 3046, Block 3047, Block 3048, Block 3049, Block 3050, Block 3051,
Block 3052, Block 3053, Block 3054, Block 3055, Block 3056, Block 3057,
Block 3058, Block 3059, Block 3060, Block 3061, Block 3062, Block 3063,
Block 3064, Block 3065, Block 3066, Block 3067, Block 3068, Block 3069,
Block 3070, Block 3071, Block 3072, Block 3073, Block 3074, Block 3075,
Block 3076, Block 3077, Block 3078, Block 3079, Block 3080, Block 3081,
Block 3082, Block 3083, Block 3084, Block 3085, Block 3086, Block 3087,
Block 3088, Block 3089, Block 3090, Block 3091, Block 3092, Block 3093,
Block 3094, Block 3095, Block 3096, Block 3097, Block 3098, Block 3099,
Block 3100, Block 3101, Block 3102, Block 3103, Block 3104, Block 3105,
Block 3106, Block 3107, Block 3108, Block 3109, Block 3110, Block 3111,
Block 3112, Block 3113, Block 3114, Block 3115, Block 3116, Block 3117,
Block 3118, Block 3119, Block 3120, Block 3121, Block 3122, Block 3123,
Block 3124, Block 3125, Block 3126, Block 3127, Block 3128, Block 3129,
Block 3130, Block 3131, Block 3132, Block 3133, Block 3134, Block 3135,
Block 3136, Block 3137, Block 3138, Block 3139, Block 3140, Block 3141,
Block 3142, Block 3143, Block 3144, Block 3145, Block 3146, Block 3147,
Block 3148, Block 3149, Block 3150, Block 3154, Block 3155, Block 3156,
Block 3157, Block 3158, Block 3159, Block 3160, Block 3161, Block 3162,
Block 3163, Block 3164, Block 3165, Block 3166, Block 3167, Block 3168,
Block 3169, Block 3170, Block 3983, Block 3984, Block 3985, Block 3986,
Block 3987, Block 3988, Block 3989, Block 3990, Block 3991, Block 3992,
Block 3993, Block 3994, Block 3995, Tract 9705.00; Block 3151, Block
3152, Block 3153, Tract 9706.00; Block 4007, Block 4008, Block 4009,
Block 4010, Block 4028, Block 4029, Block 4030, Block 4031, Block 4032,
Block 4033, Block 6050, Tract 9707.00; Block 1005, Block 1006, Block
1007, Block 2023, Block 2024, Block 2025, Block 2026, Block 2028, Block
2029, Block 2030, Block 2031, Block 4004, Block 4005, Block 4006, Block
4007, Block 4008, Block 4009, Block 4013, Block 4014, Block 4015, Block
4016, Block 4017, Block 4018, Block 4019, Block 4020, Block 4021, Block
4022, Block 4023, Block 4024, Block 4025, Block 4026, Block 4027, Block
4028, Block 4029, Block 4030, Block 4998, Block 4999.
District 13: Grant County (Part) - Tracts: 9804.00, 9805.00, 9806.00,
9807.00, 9808.00, 9809.00, 9810.00, 9811.00, 9812.00, 9813.00, 9814.00,
Grant County (Part) - Block Groups Tract 9802.00; Block Group 2, Grant
County (Part) - Blocks: Tract 9801.00; Block 3310, Tract 9802.00; Block
1029, Block 1030, Block 1031, Block 1032, Block 1033, Block 1034, Block
1035, Block 1036, Block 1037, Block 1045, Block 1046, Block 1049, Block
1050, Block 1051, Block 1052, Block 1053, Block 1054, Block 1055, Block
1056, Block 1057, Block 1058, Block 1059, Block 1060, Block 1061, Block
1062, Block 1063, Block 1064, Block 1065, Block 1066, Block 1067, Block
[Title 44 RCW—page 17]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
1068, Block 1069, Block 1070, Block 1071, Block 1072, Block 1073, Block
1074, Block 1075, Block 1076, Block 1077, Block 1078, Block 1079, Block
1101, Block 1102, Block 1103, Block 1104, Block 1105, Block 1106, Block
1107, Block 1108, Block 1109, Block 1110, Block 1111, Block 1112, Block
1113, Block 1114, Block 1115, Block 1116, Block 1117, Block 1118, Block
1119, Block 1120, Block 1121, Block 1122, Block 1123, Block 1124, Block
1125, Block 1126, Block 1127, Block 1128, Block 1129, Block 1130, Block
1131, Block 1132, Block 1133, Block 1134, Block 1135, Block 1136, Block
1137, Block 1138, Block 1139, Block 1140, Block 1141, Block 1142, Block
1143, Block 1144, Block 1145, Block 1146, Block 1147, Block 1148, Block
1149, Block 1150, Block 1151, Block 1152, Block 1153, Block 1154, Block
1155, Block 1156, Block 1157, Block 1158, Block 1159, Block 1160, Block
1161, Block 1162, Block 1163, Block 1164, Block 1165, Block 1166, Block
1167, Block 1168, Block 1169, Block 1170, Block 1171, Block 1172, Block
1173, Block 1174, Block 1175, Block 1176, Block 1177, Block 1178, Block
1179, Block 1180, Block 1181, Block 1182, Block 1183, Block 1184, Block
1185, Block 1186, Block 1187, Block 1188, Block 1189, Block 1190, Block
1191, Block 1192, Block 1193, Block 1194, Block 1195, Block 1196, Block
1197, Block 1198, Block 1199, Block 1200, Block 1201, Block 1202, Block
1203, Block 1204, Block 1205, Block 1206, Block 1207, Block 1208, Block
1209, Block 1210, Block 1211, Block 1212, Block 1213, Block 1214, Block
1242, Block 1998, Block 1999, Tract 9803.00; Block 1006, Block 1007,
Block 1008, Block 1009, Block 1013, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1049,
Block 1050, Block 1051, Block 1052, Block 1053, Block 1054, Block 1055,
Block 1056, Block 1057, Block 1058, Block 1059, Block 1060, Block 1061,
Block 1062, Block 1063, Block 1064, Block 1065, Block 1066, Block 1067,
Block 1068, Block 1069, Block 1070, Block 1071, Block 1072, Block 1073,
Block 1074, Block 1075, Block 1076, Block 1077, Block 1078, Block 1079,
Block 1080, Block 1081, Block 1082, Block 1083, Block 1084, Block 1085,
Block 1086, Block 1087, Block 1088, Block 1089, Block 1090, Block 1091,
Block 1092, Block 1093, Block 1094, Block 1095, Block 1096, Block 1097,
Block 1098, Block 1099, Block 1100, Block 1101, Block 1102, Block 1103,
Block 1104, Block 1105, Block 1106, Block 1107, Block 1108, Block 1109,
Block 1110, Block 1111, Block 1112, Block 1113, Block 1114, Block 1115,
Block 1116, Block 1117, Block 1118, Block 1119, Block 1120, Block 1121,
Block 1122, Block 1123, Block 1124, Block 1125, Block 1126, Block 1127,
Block 1128, Block 1129, Block 1130, Block 1131, Block 1132, Block 1133,
Block 1134, Block 1135, Block 1136, Block 1137, Block 1138, Block 1139,
Block 1140, Block 1998, Block 1999, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022,
Block 2023, Block 2024, Block 2025, Block 2026, Block 2027, Block 2028,
Block 2029, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2035, Block 2036, Block 2037, Block 2038, Block 2039, Block 2040,
Block 2041, Block 2042, Block 2043, Block 2044, Block 2045, Block 2046,
Block 2047, Block 2063, Block 2067, Block 2068, Block 2069, Block 2070,
Block 2071, Block 2072, Block 2073, Block 2076, Block 2107, Block 2108,
Block 2109, Block 2110, Block 2111, Block 2112, Block 2113, Block 2142,
Block 2143, Block 2999, Kittitas County, Yakima County (Part) - Block
Groups Tract 16.00; Block Group 2, Tract 16.00; Block Group 3, Tract
17.00; Block Group 4, Tract 30.00; Block Group 6, Yakima County (Part) Blocks: Tract 16.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1037, Block 1038, Block 1039,
Block 1040, Block 1041, Block 1042, Block 1043, Block 1044, Block 1045,
Block 1046, Block 1047, Block 1048, Block 1049, Block 1050, Block 1051,
Block 1052, Block 1053, Block 1054, Block 1055, Block 1058, Block 1059,
Block 1060, Block 1061, Block 1062, Block 1063, Block 1064, Block 1065,
Block 1066, Block 1067, Block 1068, Block 1069, Block 1070, Block 1071,
Block 1072, Block 1073, Block 1081, Block 1083, Block 1084, Block 1087,
Block 1088, Block 1089, Block 1090, Block 1091, Block 1092, Block 1093,
Block 1094, Block 1095, Block 1096, Block 1097, Block 1098, Block 1099,
Block 4000, Block 4001, Block 4002, Block 4003, Block 4004, Block 4005,
Block 4006, Block 4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4012, Block 4013, Block 4014, Block 4015, Block 4016, Block 4017,
Block 4018, Block 4019, Block 4020, Block 4021, Block 4022, Block 4023,
Block 4024, Block 4025, Block 4026, Block 4027, Block 4028, Block 4029,
[Title 44 RCW—page 18]
Block 4030, Block 4031, Block 4032, Block 4033, Block 4034, Block 4035,
Block 4036, Block 4037, Block 4038, Block 4039, Block 4040, Block 4041,
Block 4042, Block 4043, Block 4044, Block 4045, Block 4046, Block 4047,
Block 4048, Block 4049, Block 4050, Block 4051, Block 4052, Block 4053,
Block 4054, Block 4055, Block 4056, Block 4059, Block 4060, Block 4061,
Block 4062, Block 4063, Block 4064, Block 4065, Block 4066, Block 4067,
Block 4068, Block 4069, Block 4070, Block 4071, Block 4072, Block 4073,
Block 4080, Block 4081, Block 4082, Block 4083, Block 4084, Block 4085,
Block 4086, Block 4087, Block 4088, Block 4089, Block 4090, Block 4091,
Block 4092, Block 4985, Block 4990, Block 4998, Block 4999, Block 5000,
Block 5001, Block 5002, Block 5003, Block 5004, Block 5005, Block 5006,
Block 5007, Block 5008, Block 5014, Block 5015, Block 5016, Block 5017,
Block 5018, Block 5019, Block 5020, Block 5021, Block 5022, Block 5023,
Block 5024, Block 5025, Block 5026, Block 5027, Block 5028, Block 5994,
Block 5999, Tract 17.00; Block 1007, Block 1008, Block 1009, Block 1010,
Block 1999, Block 5000, Block 5001, Block 5002, Block 5005, Block 5006,
Block 5007, Block 5008, Block 5009, Block 5010, Block 5011, Block 5012,
Block 5013, Block 5014, Block 5015, Block 5016, Block 5999, Block 6000,
Block 6001, Block 6025, Block 6026, Block 6027, Block 6028, Block 6029,
Block 6030, Block 6999, Tract 30.00; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1103, Block 1104, Block 1105,
Block 1106, Block 1107, Block 1108, Block 1109, Block 1110, Block 1111,
Block 1112, Block 1113, Block 1114, Block 1115, Block 1116, Block 1117,
Block 1118, Block 1119, Block 1120, Block 1121, Block 1122, Block 1123,
Block 1124, Block 1125, Block 1126, Block 1127, Block 1128, Block 1129,
Block 1130, Block 1131, Block 1132, Block 1133, Block 1134, Block 1135,
Block 1136, Block 1137, Block 1143, Block 1144, Block 1145, Block 1146,
Block 1147, Block 1148, Block 1149, Block 1150, Block 1151, Block 1152,
Block 1153, Block 1154, Block 1155, Block 1156, Block 1157, Block 1158,
Block 1159, Block 1160, Block 1161, Block 1162, Block 1163, Block 1164,
Block 1165, Block 1166, Block 1167, Block 1168, Block 1169, Block 1170,
Block 1171, Block 1172, Block 1173, Block 1174, Block 1175, Block 1176,
Block 1177, Block 1178, Block 1179, Block 1180, Block 1181, Block 1182,
Block 1183, Block 1184, Block 1185, Block 1999, Block 5002, Block 5003,
Block 5004, Block 5005, Block 5018, Block 5019, Block 5023, Block 5024,
Block 5028, Block 5031, Block 5032, Block 5033, Block 5034, Block 5036,
Block 5037, Block 5038, Block 5039, Block 5040, Block 5041, Block 5042,
Block 5043, Block 5044, Block 5045, Block 5048, Block 5064, Block 5065,
Block 5066, Block 5067, Block 5068, Tract 31.00; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026,
Block 1027, Block 1028, Block 1029, Block 1030, Block 1031, Block 1032,
Block 1033, Block 1034, Block 1035, Block 1036, Block 1037, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block 2024, Block 2998,
Block 2999, Block 3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3018, Block 3024, Block 3026, Block 3027, Block 3028,
Block 3029, Block 3030, Block 3032, Block 3037, Block 3038, Block 3039,
Tract 32.00; Block 3000, Block 3049.
District 14: Yakima County (Part) - Tracts: 1.00, 2.00, 3.00, 4.00,
5.00, 6.00, 7.00, 8.00, 9.00, 10.00, 11.00, 12.00, 13.00, 14.00, 15.00, 28.00,
29.00, Yakima County (Part) - Block Groups Tract 30.00; Block Group 2,
Tract 30.00; Block Group 3, Tract 30.00; Block Group 4, Tract 31.00; Block
Group 4, Tract 32.00; Block Group 1, Tract 32.00; Block Group 2, Yakima
County (Part) - Blocks: Tract 16.00; Block 4057, Block 4058, Block 4074,
Block 4075, Block 4076, Block 4077, Block 4078, Block 4079, Block 4983,
Block 4984, Block 4986, Block 4987, Block 4988, Block 4989, Block 4991,
Block 4992, Block 4993, Block 4994, Block 4995, Block 4996, Block 4997,
Block 5009, Block 5010, Block 5011, Block 5012, Block 5013, Block 5029,
Block 5030, Block 5031, Block 5995, Block 5996, Block 5997, Block 5998,
Tract 17.00; Block 1051, Block 1052, Block 1053, Block 1054, Block 1055,
Block 1056, Block 1057, Block 1058, Block 1059, Block 1991, Block 1992,
Block 1996, Block 1997, Block 1998, Block 3088, Tract 27.02; Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3067,
Block 3073, Block 3074, Tract 30.00; Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026,
Block 1027, Block 1028, Block 1029, Block 1030, Block 1031, Block 1032,
Block 1033, Block 1034, Block 1035, Block 1036, Block 1037, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1042, Block 1043, Block 1044,
(2004 Ed.)
Legislative Districts and Apportionment
Block 1045, Block 1046, Block 1047, Block 1048, Block 1049, Block 1050,
Block 1051, Block 1052, Block 1053, Block 1054, Block 1055, Block 1056,
Block 1057, Block 1058, Block 1059, Block 1060, Block 1061, Block 1062,
Block 1063, Block 1064, Block 1065, Block 1066, Block 1067, Block 1068,
Block 1069, Block 1070, Block 1071, Block 1072, Block 1073, Block 1074,
Block 1075, Block 1076, Block 1077, Block 1078, Block 1079, Block 1080,
Block 1081, Block 1082, Block 1083, Block 1084, Block 1085, Block 1086,
Block 1087, Block 1088, Block 1089, Block 1090, Block 1091, Block 1092,
Block 1093, Block 1094, Block 1095, Block 1096, Block 1097, Block 1098,
Block 1099, Block 1100, Block 1101, Block 1102, Block 1138, Block 1139,
Block 1140, Block 1141, Block 1142, Block 5000, Block 5001, Block 5006,
Block 5007, Block 5008, Block 5009, Block 5010, Block 5011, Block 5012,
Block 5013, Block 5014, Block 5015, Block 5016, Block 5017, Block 5020,
Block 5021, Block 5022, Block 5025, Block 5026, Block 5027, Block 5029,
Block 5030, Block 5035, Block 5046, Block 5047, Block 5049, Block 5050,
Block 5051, Block 5052, Block 5053, Block 5054, Block 5055, Block 5056,
Block 5057, Block 5058, Block 5059, Block 5060, Block 5061, Block 5062,
Block 5063, Block 5996, Block 5997, Block 5998, Block 5999, Tract 31.00;
Block 1018, Block 2018, Block 2025, Block 2026, Block 2027, Block 2028,
Block 2029, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2035, Block 2036, Block 2037, Block 2038, Block 2039, Block 2996,
Block 2997, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Block 3019, Block 3020, Block 3021, Block 3022, Block 3023,
Block 3025, Block 3031, Block 3033, Block 3034, Block 3035, Block 3036,
Tract 32.00; Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3020, Block 3021, Block 3022, Block 3023,
Block 3024, Block 3025, Block 3026, Block 3027, Block 3028, Block 3029,
Block 3030, Block 3031, Block 3032, Block 3033, Block 3034, Block 3035,
Block 3036, Block 3037, Block 3038, Block 3039, Block 3040, Block 3041,
Block 3042, Block 3043, Block 3044, Block 3045, Block 3046, Block 3047,
Block 3048, Block 3050, Block 3051, Block 3052, Block 3996, Block 3997,
Block 3998, Block 3999.
District 15: Clark County (Part) - Block Groups Tract 405.06; Block
Group 2, Clark County (Part) - Blocks: Tract 401.01; Block 2060, Tract
405.04; Block 1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1029, Block 1030, Block 1031, Block 1032, Block 1033, Block 1034,
Block 1038, Block 1078, Block 1080, Block 1081, Block 1082, Block 1083,
Block 1084, Block 1085, Block 1086, Block 1087, Block 1088, Block 1089,
Block 1090, Block 1091, Block 1092, Block 1093, Block 1094, Block 1095,
Block 1096, Block 1097, Block 1098, Block 1099, Block 1100, Block 1101,
Block 1102, Block 1103, Block 1104, Block 1105, Block 1106, Block 1107,
Block 1108, Block 1109, Block 1110, Block 1111, Block 1112, Block 1113,
Block 1114, Block 1115, Block 1116, Block 1117, Block 1118, Block 1119,
Block 1120, Block 1121, Block 1122, Block 1123, Block 1124, Block 1125,
Block 1126, Block 1127, Block 1128, Block 1129, Block 1130, Block 1131,
Block 1132, Block 1133, Block 1134, Block 1135, Block 1136, Block 1137,
Block 1138, Block 1139, Block 1140, Block 1141, Tract 405.06; Block
1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1009, Block 1017, Block 1018, Block
1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block
1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block
1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036, Block
1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042, Block
1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048, Block
1049, Block 1050, Block 1051, Block 1052, Block 3000, Block 3001, Block
3002, Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block
3008, Block 3009, Block 3010, Block 3017, Block 3997, Block 3998, Block
3999, Block 4000, Block 4001, Block 4002, Block 4004, Block 4005, Block
4006, Block 4007, Block 4008, Block 4999, Tract 405.07; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1025, Block 1026, Block 2000, Tract
405.08; Block 2000, Block 2001, Block 2002, Block 2004, Tract 406.03;
Block 3014, Block 3015, Block 3016, Block 3017, Block 3018, Block 3019,
Block 3023, Block 3024, Block 4000, Block 4001, Block 4002, Block 4003,
Block 4004, Block 4005, Block 4006, Block 4007, Block 4008, Block 4009,
Block 4010, Block 4011, Block 4015, Block 4016, Tract 406.05; Block
1000, Block 1001, Block 1002, Klickitat County, Skamania County, Yakima
County (Part) - Tracts: 18.00, 19.00, 20.01, 20.02, 21.00, 22.00, 23.00,
24.00, 25.00, 26.00, 27.01, Yakima County (Part) - Block Groups Tract
17.00; Block Group 2, Tract 27.02; Block Group 1, Tract 27.02; Block
(2004 Ed.)
Chapter 44.07D
Group 2, Tract 27.02; Block Group 4, Yakima County (Part) - Blocks: Tract
16.00; Block 1056, Block 1057, Block 1074, Block 1075, Block 1076, Block
1077, Block 1078, Block 1079, Block 1080, Block 1082, Block 1085, Block
1086, Tract 17.00; Block 1000, Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1011, Block 1012, Block 1013, Block
1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block
1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025, Block
1026, Block 1027, Block 1028, Block 1029, Block 1030, Block 1031, Block
1032, Block 1033, Block 1034, Block 1035, Block 1036, Block 1037, Block
1038, Block 1039, Block 1040, Block 1041, Block 1042, Block 1043, Block
1044, Block 1045, Block 1046, Block 1047, Block 1048, Block 1049, Block
1050, Block 1060, Block 1061, Block 1062, Block 1063, Block 1064, Block
1065, Block 1989, Block 1990, Block 1993, Block 1994, Block 1995, Block
3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block
3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block
3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017, Block
3018, Block 3019, Block 3020, Block 3021, Block 3022, Block 3023, Block
3024, Block 3025, Block 3026, Block 3027, Block 3028, Block 3029, Block
3030, Block 3031, Block 3032, Block 3033, Block 3034, Block 3035, Block
3036, Block 3037, Block 3038, Block 3039, Block 3040, Block 3041, Block
3042, Block 3043, Block 3044, Block 3045, Block 3046, Block 3047, Block
3048, Block 3049, Block 3050, Block 3051, Block 3052, Block 3053, Block
3054, Block 3055, Block 3056, Block 3057, Block 3058, Block 3059, Block
3060, Block 3061, Block 3062, Block 3063, Block 3064, Block 3065, Block
3066, Block 3067, Block 3068, Block 3069, Block 3070, Block 3071, Block
3072, Block 3073, Block 3074, Block 3075, Block 3076, Block 3077, Block
3078, Block 3079, Block 3080, Block 3081, Block 3082, Block 3083, Block
3084, Block 3085, Block 3086, Block 3087, Block 3089, Block 3090, Block
3997, Block 3998, Block 3999, Block 5003, Block 5004, Block 6002, Block
6003, Block 6004, Block 6005, Block 6006, Block 6007, Block 6008, Block
6009, Block 6010, Block 6011, Block 6012, Block 6013, Block 6014, Block
6015, Block 6016, Block 6017, Block 6018, Block 6019, Block 6020, Block
6021, Block 6022, Block 6023, Block 6024, Block 6031, Block 6032, Block
6033, Block 6034, Block 6035, Block 6036, Block 6037, Block 6038, Block
6039, Block 6040, Block 6041, Block 6042, Block 6043, Block 6044, Block
6045, Block 6046, Block 6047, Block 6048, Block 6049, Block 6050, Block
6051, Block 6052, Block 6053, Block 6054, Block 6055, Block 6056, Block
6057, Block 6058, Block 6059, Block 6060, Block 6061, Block 6062, Block
6063, Block 6064, Block 6065, Block 6066, Block 6067, Block 6068, Block
6069, Block 6070, Block 6071, Block 6072, Block 6073, Block 6074, Block
6075, Block 6076, Block 6077, Block 6078, Block 6079, Block 6080, Block
6081, Block 6082, Block 6083, Block 6084, Block 6085, Block 6086, Block
6087, Block 6088, Block 6089, Block 6090, Block 6091, Block 6092, Block
6093, Block 6094, Block 6095, Block 6096, Block 6097, Block 6098, Block
6099, Block 6100, Block 6101, Block 6102, Block 6103, Block 6104, Block
6105, Block 6106, Block 6107, Block 6108, Block 6109, Block 6110, Block
6111, Block 6112, Block 6113, Block 6114, Block 6115, Block 6116, Block
6117, Block 6118, Block 6119, Block 6120, Block 6121, Block 6122, Block
6123, Block 6124, Block 6125, Block 6126, Block 6127, Block 6128, Block
6129, Block 6130, Block 6131, Block 6132, Block 6133, Block 6134, Block
6135, Block 6136, Block 6137, Block 6138, Block 6139, Block 6140, Block
6141, Block 6142, Block 6143, Block 6144, Block 6145, Block 6146, Block
6147, Block 6148, Block 6149, Block 6150, Block 6151, Block 6152, Block
6153, Block 6154, Block 6155, Block 6156, Block 6157, Block 6158, Block
6159, Block 6160, Block 6161, Block 6162, Block 6163, Block 6164, Block
6165, Block 6166, Tract 27.02; Block 3006, Block 3007, Block 3008, Block
3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block
3015, Block 3016, Block 3017, Block 3018, Block 3019, Block 3020, Block
3021, Block 3022, Block 3023, Block 3024, Block 3025, Block 3026, Block
3027, Block 3028, Block 3029, Block 3030, Block 3031, Block 3032, Block
3033, Block 3034, Block 3035, Block 3036, Block 3037, Block 3038, Block
3039, Block 3040, Block 3041, Block 3042, Block 3043, Block 3044, Block
3045, Block 3046, Block 3047, Block 3048, Block 3049, Block 3050, Block
3051, Block 3052, Block 3053, Block 3054, Block 3055, Block 3056, Block
3057, Block 3058, Block 3059, Block 3060, Block 3061, Block 3062, Block
3063, Block 3064, Block 3065, Block 3066, Block 3068, Block 3069, Block
3070, Block 3071, Block 3072, Block 3075, Block 3076, Block 3077, Block
3078, Block 3079, Block 3080, Block 3081, Block 3082, Block 3083, Block
3084, Block 3085, Block 3086.
District 16: Benton County (Part) - Tracts: 114.02, 115.01, 116.00,
Benton County (Part) - Block Groups Tract 113.00; Block Group 3, Tract
113.00; Block Group 4, Tract 113.00; Block Group 5, Tract 114.01; Block
Group 2, Tract 114.01; Block Group 3, Tract 115.02; Block Group 6, Tract
115.02; Block Group 7, Benton County (Part) - Blocks: Tract 108.01; Block
4013, Block 4014, Block 4015, Block 4049, Block 4050, Block 4051, Block
4052, Block 4053, Block 4054, Block 5008, Block 5031, Block 5032, Block
[Title 44 RCW—page 19]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
5033, Block 5045, Block 5046, Block 5047, Block 5048, Block 5049, Block
5050, Block 5052, Block 5053, Block 5054, Block 5055, Block 5056, Block
5057, Block 5058, Block 5059, Block 5060, Block 5061, Block 5062, Block
5063, Block 5064, Block 5065, Block 5066, Block 5067, Block 5068, Block
5069, Block 5070, Block 5071, Block 5072, Block 5073, Block 5074, Block
5075, Block 5076, Block 5078, Block 5079, Block 5080, Block 5081, Block
5082, Block 5083, Block 5084, Block 5085, Block 5086, Block 5087, Block
5088, Block 5089, Block 5090, Block 5091, Block 5092, Block 5093, Block
5094, Block 5095, Block 5096, Block 5097, Block 5098, Block 5099, Block
5100, Block 5101, Block 5102, Block 5103, Block 5104, Block 5105, Block
5106, Block 5107, Block 5108, Block 5109, Block 5110, Block 5111, Block
5112, Block 5113, Block 5114, Block 5115, Block 5116, Block 5117, Block
5118, Block 5119, Block 5120, Block 5121, Block 5122, Block 5123, Block
5124, Block 5125, Block 5126, Block 5127, Block 5128, Block 5129, Block
5151, Block 5152, Block 5153, Block 5154, Block 5155, Block 5156, Block
5157, Block 5158, Block 5159, Block 5160, Block 5161, Block 5162, Tract
112.00; Block 6000, Block 6004, Block 6005, Block 6006, Block 6007,
Block 6008, Block 6009, Block 6010, Block 6011, Block 6012, Tract
113.00; Block 1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1999, Block 2000, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2042, Block 2043,
Block 2045, Block 2046, Block 2047, Block 2048, Block 2049, Block 2050,
Tract 115.02; Block 3000, Block 3001, Block 3002, Block 3003, Block
3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block
3010, Block 3011, Tract 118.00; Block 4000, Block 4001, Block 4002,
Block 4003, Block 4004, Block 4005, Block 4006, Block 4013, Block 4015,
Block 4016, Block 4017, Block 4018, Block 4019, Block 4022, Block 4023,
Block 4034, Block 4035, Block 4036, Block 4040, Block 4041, Block 4042,
Block 4043, Block 4044, Block 4045, Block 4046, Block 4047, Block 4052,
Block 4068, Block 4069, Block 4070, Block 4071, Block 4072, Block 4073,
Block 4074, Block 4075, Block 4076, Block 4077, Block 4078, Block 4079,
Block 4080, Block 4081, Columbia County, Franklin County (Part) -Tracts:
201.00, 202.00, 203.00, 204.00, 205.01, 205.02, 206.02, Franklin County
(Part) - Block Groups Tract 206.01; Block Group 3, Franklin County (Part)
- Blocks: Tract 206.01; Block 1066, Block 1067, Block 1068, Block 1069,
Block 1070, Block 1071, Block 1072, Block 1073, Block 1074, Block 1075,
Block 1076, Block 1077, Block 1995, Block 2093, Block 2094, Block 2095,
Block 2120, Block 2121, Block 2122, Block 2123, Block 2124, Block 2997,
Tract 207.00; Block 2020, Block 2021, Block 2022, Block 2023, Block
2024, Block 2025, Block 2039, Block 2040, Block 2041, Block 2042, Block
2043, Block 2048, Block 2049, Block 2051, Block 2052, Block 2053, Block
2054, Block 2055, Block 2056, Block 2057, Block 2058, Block 2059, Block
2060, Block 2061, Block 2062, Block 2063, Block 2064, Block 2065, Block
2066, Block 2067, Block 2068, Block 2069, Block 2070, Block 2071, Block
2072, Block 2073, Block 2074, Block 2075, Block 2076, Block 2077, Block
2078, Block 2079, Block 2080, Block 2081, Block 2082, Block 2083, Block
2084, Block 2085, Block 2086, Block 2087, Block 2088, Block 2089, Block
2090, Block 2091, Block 2092, Block 2093, Block 2094, Block 2095, Block
2096, Block 2097, Block 2098, Block 2099, Block 2100, Block 2101, Block
2102, Block 2103, Block 2104, Block 2105, Block 2106, Block 2107, Block
2108, Block 2109, Block 2110, Block 2111, Block 2112, Block 2113, Block
2114, Block 2115, Block 2116, Block 2117, Block 2118, Block 2119, Block
2120, Block 2121, Block 2122, Block 2123, Block 2993, Block 2994, Block
2995, Block 2997, Walla Walla County.
District 17: Clark County (Part) - Tracts: 407.02, 407.03, 407.05,
407.06, 408.05, 408.06, 411.04, 413.09, 413.10, 413.12, 413.13, 413.14,
413.15, 413.16, 413.17, 413.18, 413.19, 413.20, 413.22, 413.23, Clark
County (Part) - Block Groups Tract 404.04; Block Group 1, Tract 404.04;
Block Group 2, Tract 404.04; Block Group 3, Tract 404.08; Block Group 1,
Tract 413.21; Block Group 1, Tract 413.24; Block Group 1, Tract 413.24;
Block Group 2, Tract 413.24; Block Group 4, Tract 413.25; Block Group 1,
Clark County (Part) - Blocks: Tract 404.03; Block 2010, Block 2011, Block
2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block
2018, Block 2019, Tract 404.04; Block 4000, Block 4001, Block 4006, Tract
404.08; Block 2000, Block 2001, Block 2002, Block 2003, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Tract 405.05; Block 2025, Block 3007, Block 3008, Block 3009, Block
3010, Block 3011, Block 3028, Block 3029, Tract 406.03; Block 1007,
Block 1008, Block 1009, Block 1010, Block 2007, Block 2008, Block 2009,
Block 2010, Tract 406.04; Block 1008, Block 1009, Block 1010, Block
1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block
1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022, Block
1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028, Block
1029, Block 1030, Block 1031, Block 1032, Block 1033, Block 1034, Block
[Title 44 RCW—page 20]
1035, Block 1036, Block 1037, Block 1038, Block 1039, Block 1040, Block
2007, Block 2008, Tract 406.06; Block 1007, Block 1008, Block 1009,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Tract 409.05; Block 1008, Block 1009, Block 1011, Tract 409.06; Block
1013, Tract 413.21; Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Tract 413.24; Block
3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block
3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block
3016, Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block
3022, Block 3023, Block 3024, Block 3025, Block 3026, Block 3027, Block
3028, Block 3029, Block 3030, Block 3031, Block 3032, Block 3033, Block
3034, Block 3035, Block 3036, Block 3037, Block 3038, Block 3039, Block
3040, Block 3041, Block 3042, Block 3043, Block 3044, Block 3045, Tract
413.25; Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022,
Block 2030, Block 2031, Block 2997.
District 18: Clark County (Part) - Tracts: 401.02, 402.01, 402.02,
402.03, 404.05, 404.06, 404.07, 405.09, 409.07, 409.08, 414.00, 415.00,
Clark County (Part) - Block Groups Tract 401.01; Block Group 1, Tract
403.00; Block Group 1, Tract 403.00; Block Group 2, Tract 403.00; Block
Group 4, Tract 404.03; Block Group 1, Tract 405.04; Block Group 2, Tract
405.04; Block Group 3, Tract 405.05; Block Group 1, Tract 405.08; Block
Group 1, Tract 406.05; Block Group 2, Tract 406.06; Block Group 3, Tract
406.06; Block Group 4, Tract 409.04; Block Group 4, Tract 409.05; Block
Group 2, Clark County (Part) - Blocks: Tract 401.01; Block 2000, Block
2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block
2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block
2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block
2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024, Block
2025, Block 2026, Block 2027, Block 2028, Block 2029, Block 2030, Block
2031, Block 2032, Block 2033, Block 2034, Block 2035, Block 2036, Block
2037, Block 2038, Block 2039, Block 2040, Block 2041, Block 2042, Block
2043, Block 2044, Block 2045, Block 2046, Block 2047, Block 2048, Block
2049, Block 2050, Block 2051, Block 2052, Block 2053, Block 2054, Block
2055, Block 2056, Block 2057, Block 2058, Block 2059, Block 2061, Block
2062, Block 2063, Block 2064, Block 2065, Block 2066, Block 2067, Block
2068, Block 2069, Block 2070, Block 2071, Block 2072, Block 2073, Block
2074, Block 2075, Block 2076, Block 2077, Block 2078, Block 2079, Block
2080, Block 2081, Block 2082, Block 2083, Block 2084, Block 2085, Block
2086, Block 2087, Block 2088, Block 2089, Block 2090, Block 2091, Block
2092, Block 2093, Block 2094, Block 2095, Block 2096, Block 2097, Block
2098, Block 2099, Block 2100, Block 2101, Block 2102, Block 2103, Block
2104, Block 2105, Block 2106, Block 2107, Block 2108, Block 2109, Block
2110, Block 2111, Block 2112, Block 2113, Block 2114, Block 2115, Block
2116, Block 2117, Block 2118, Block 2119, Block 2120, Block 2121, Block
2122, Block 2123, Block 2124, Block 2125, Block 2126, Block 2127, Block
2128, Block 2129, Block 2130, Block 2131, Block 2132, Block 2133, Block
2134, Block 2135, Block 2136, Block 2137, Block 2138, Block 2139, Block
2140, Block 2141, Block 2142, Block 2143, Block 2144, Block 2145, Block
2146, Block 2147, Block 2148, Block 2149, Block 2150, Block 2151, Block
2152, Block 2153, Block 2154, Block 2155, Block 2156, Block 2157, Block
2158, Block 2159, Block 2160, Block 2161, Block 2162, Block 2163, Block
2164, Block 2165, Block 2166, Block 2167, Block 2168, Block 2169, Block
2170, Block 2171, Block 2172, Block 2173, Block 2174, Block 2175, Block
2176, Block 2177, Block 2178, Block 2179, Block 2180, Block 2181, Block
2182, Block 2183, Block 2184, Block 2185, Block 2186, Block 2187, Block
2188, Block 2189, Block 2190, Block 2191, Block 2192, Block 2193, Block
2194, Block 2195, Block 2196, Block 2197, Block 2198, Block 2199, Block
2200, Block 2201, Block 2202, Block 2203, Block 2204, Block 2205, Block
2206, Block 2207, Block 2208, Block 2209, Block 2210, Block 2211, Block
2212, Block 2213, Block 2214, Block 2215, Block 2216, Block 2217, Block
2218, Block 2219, Block 2997, Block 2998, Block 2999, Tract 403.00;
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3020, Block 3021, Block 3025, Block 3026,
Block 3027, Block 3028, Block 3029, Block 3030, Block 3031, Block 3032,
Block 3997, Block 3999, Tract 404.03; Block 2000, Block 2001, Block
2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block
2008, Block 2009, Tract 404.08; Block 2004, Tract 405.04; Block 1035,
Block 1036, Block 1037, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048,
Block 1049, Block 1050, Block 1051, Block 1052, Block 1053, Block 1054,
Block 1055, Block 1056, Block 1057, Block 1058, Block 1059, Block 1060,
Block 1061, Block 1062, Block 1063, Block 1064, Block 1065, Block 1066,
Block 1067, Block 1068, Block 1069, Block 1070, Block 1071, Block 1072,
(2004 Ed.)
Legislative Districts and Apportionment
Block 1073, Block 1074, Block 1075, Block 1076, Block 1077, Block 1079,
Block 1999, Tract 405.05; Block 2000, Block 2001, Block 2002, Block
2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block
2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block
2021, Block 2022, Block 2023, Block 2024, Block 2026, Block 2027, Block
2028, Block 2029, Block 2030, Block 2031, Block 3000, Block 3001, Block
3002, Block 3003, Block 3004, Block 3005, Block 3006, Block 3012, Block
3013, Block 3014, Block 3015, Block 3016, Block 3017, Block 3018, Block
3019, Block 3020, Block 3021, Block 3022, Block 3023, Block 3024, Block
3025, Block 3026, Block 3027, Tract 405.06; Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3018,
Block 3019, Block 3020, Block 3021, Block 3022, Block 3023, Block 3024,
Block 3025, Block 3026, Block 3027, Block 3028, Block 3029, Block 3030,
Block 3031, Block 3032, Block 3033, Block 3034, Block 3035, Block 3036,
Block 3037, Block 3992, Block 3993, Block 3994, Block 3995, Block 3996,
Block 4003, Tract 405.07; Block 1009, Block 1010, Block 1011, Block
1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block
1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block
1024, Block 1027, Block 1999, Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block
2010, Block 2011, Tract 405.08; Block 2003, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block 2030,
Block 2031, Block 2032, Block 2033, Block 2034, Block 2035, Block 2036,
Block 2037, Block 2038, Block 2039, Block 2040, Block 2041, Block 2042,
Block 2043, Block 2044, Block 2045, Tract 406.03; Block 1000, Block
1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block
1011, Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block
2005, Block 2006, Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block
2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block
2027, Block 2028, Block 3000, Block 3001, Block 3002, Block 3003, Block
3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block
3010, Block 3011, Block 3012, Block 3013, Block 3020, Block 3021, Block
3022, Block 3025, Block 4012, Block 4013, Block 4014, Tract 406.04;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Tract 406.05; Block
1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block
1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block
1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block
1021, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block
1027, Block 1028, Block 1029, Block 1998, Block 1999, Tract 406.06;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1999, Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2020, Block 2021,
Block 2022, Block 2023, Tract 409.04; Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008, Tract 409.05;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1010, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Tract 409.06; Block 1000, Block
1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1008, Block 1009, Block 1010, Block 1014, Block 1015, Block
1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block
1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block
1028, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block
2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block
2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block
2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block
2024, Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block
2033, Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block
2039, Block 2040, Block 2041, Block 2042, Block 2043, Block 2044, Block
2045, Block 2046, Block 2047, Tract 410.05; Block 2010, Block 2011,
Block 2988, Block 2989, Block 2999, Tract 413.21; Block 2000, Tract
413.24; Block 3000, Block 3001, Block 3002, Block 3003, Tract 413.25;
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2023, Block 2024, Block 2025, Block 2026, Block 2027, Block 2028,
Block 2029, Block 2032, Block 2033, Block 2998, Block 2999, Cowlitz
(2004 Ed.)
Chapter 44.07D
County (Part) - Tracts: 15.00, 16.00, 18.00, Cowlitz County (Part) - Block
Groups Tract 17.00; Block Group 2, Tract 17.00; Block Group 3, Tract
17.00; Block Group 4, Tract 20.02; Block Group 4, Cowlitz County (Part) Blocks: Tract 3.00; Block 1010, Block 1985, Block 1986, Tract 12.00; Block
2000, Block 2008, Tract 13.00; Block 1000, Block 1001, Block 1002, Block
1003, Block 1004, Block 1005, Block 1006, Block 1009, Block 1010, Block
1011, Block 1013, Block 1014, Block 1015, Block 1018, Block 1019, Block
1020, Tract 17.00; Block 1000, Block 1019, Block 1020, Block 1021, Block
5000, Block 5001, Block 5002, Block 5003, Block 5004, Block 5005, Block
5006, Block 5007, Block 5009, Block 5010, Block 5011, Block 5012, Tract
20.02; Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block
1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1023, Block
1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block
1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036, Block
1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042, Block
1043, Block 1044, Block 1051, Block 1066, Block 1067, Block 1068, Block
1069, Block 1997, Block 1998, Block 5000, Block 5001, Block 5002, Block
5003, Block 5004, Block 5005, Block 5006, Block 5007, Block 5008, Block
5009, Block 5010, Block 5011, Block 5012, Block 5013, Block 5014, Block
5015, Block 5016, Block 5017, Block 5018, Block 5019, Block 5020, Block
5021, Block 5022, Block 5023, Block 5024, Block 5025, Block 5026, Block
5027, Block 5028, Block 5029, Block 5030, Block 5031, Block 5032, Block
5033, Block 5034, Block 5035, Block 5036, Block 5037, Block 5038, Block
5039, Block 5040, Block 5041, Block 5042, Block 5043, Block 5044, Block
5045, Block 5046, Block 5047, Block 5048, Block 5049, Block 5050, Block
5051, Block 5052, Block 5053, Block 5054, Block 5055, Block 5056, Block
5057, Block 5058, Block 5059, Block 5060, Block 5062, Block 5999.
District 19: Cowlitz County (Part) - Tracts: 1.00, 2.00, 4.00, 5.01,
5.02, 6.01, 6.02, 7.01, 7.02, 8.00, 9.00, 10.00, 11.00, 19.00, 20.01, Cowlitz
County (Part) - Block Groups Tract 12.00; Block Group 1, Tract 12.00;
Block Group 3, Tract 12.00; Block Group 4, Tract 13.00; Block Group 2,
Tract 13.00; Block Group 3, Tract 13.00; Block Group 4, Tract 20.02; Block
Group 2, Tract 20.02; Block Group 3, Cowlitz County (Part) - Blocks: Tract
3.00; Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block
1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1011, Block
1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block
1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block
1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block
1030, Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block
1036, Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block
1042, Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block
1048, Block 1049, Block 1050, Block 1051, Block 1052, Block 1053, Block
1054, Block 1055, Block 1056, Block 1057, Block 1058, Block 1059, Block
1060, Block 1061, Block 1062, Block 1063, Block 1064, Block 1065, Block
1066, Block 1987, Block 1988, Block 1989, Block 1990, Block 1991, Block
1992, Block 1993, Block 1994, Block 1995, Block 1996, Block 1997, Block
1998, Block 1999, Tract 12.00; Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2009, Block 2010, Block
2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block
2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block
2023, Block 2024, Block 2025, Block 2026, Block 2027, Tract 13.00; Block
1007, Block 1008, Block 1012, Block 1016, Block 1017, Block 1021, Block
1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block
1028, Block 1029, Tract 17.00; Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block
1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block
1016, Block 1017, Block 1018, Block 1022, Block 1997, Block 1998, Block
1999, Block 5008, Tract 20.02; Block 1010, Block 1011, Block 1012, Block
1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block
1019, Block 1020, Block 1021, Block 1022, Block 1030, Block 1045, Block
1046, Block 1047, Block 1048, Block 1049, Block 1050, Block 1052, Block
1053, Block 1054, Block 1055, Block 1056, Block 1057, Block 1058, Block
1059, Block 1060, Block 1061, Block 1062, Block 1063, Block 1064, Block
1065, Block 1999, Block 5061, Grays Harbor County (Part) -Tract 12.00,
16.00, Grays Harbor County (Part) - Block Groups Tract 9.00; Block Group
2, Tract 9.00; Block Group 3, Tract 9.00; Block Group 4, Tract 9.00; Block
Group 5, Tract 9.00; Block Group 6, Tract 10.00; Block Group 1, Tract
10.00; Block Group 3, Tract 10.00; Block Group 4, Tract 11.00; Block
Group 1, Tract 11.00; Block Group 2, Tract 11.00; Block Group 3, Tract
11.00; Block Group 4, Grays Harbor County (Part) - Blocks: Tract 4.00;
Block 4000, Block 4001, Block 4002, Block 4003, Block 4004, Block 4005,
Block 4006, Block 4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4012, Block 4013, Block 4014, Block 4015, Block 4016, Block 4017,
Block 4018, Block 4019, Block 4020, Block 4021, Block 4040, Block 4041,
Block 4042, Block 4043, Block 4044, Block 4045, Block 4046, Block 4047,
Block 4048, Block 4049, Block 4050, Block 4051, Block 4052, Block 4053,
[Title 44 RCW—page 21]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Block 4054, Block 4055, Block 4056, Block 4995, Block 4996, Block 4997,
Block 4998, Block 4999, Tract 7.00; Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023,
Block 1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 1033, Block 1034, Block 1035,
Block 1036, Block 1037, Block 1038, Block 1039, Block 1040, Block 1041,
Block 1042, Block 1043, Block 1044, Block 1045, Block 1046, Block 1047,
Block 1048, Block 1049, Block 1050, Block 1051, Block 1052, Block 1053,
Block 1054, Block 1055, Block 1056, Block 1057, Block 1061, Block 1062,
Block 1063, Block 1064, Block 1065, Block 1066, Block 1067, Block 1068,
Block 1069, Block 1070, Block 1071, Block 1072, Block 1073, Block 1074,
Block 1075, Block 1076, Block 1077, Block 1078, Block 1079, Block 1080,
Block 1081, Block 1082, Block 1083, Block 1084, Block 1085, Block 1086,
Block 1087, Block 1088, Block 1089, Block 1090, Block 1091, Block 1092,
Block 1093, Block 1094, Block 1095, Block 1096, Block 1097, Block 1098,
Block 1099, Block 1100, Block 1101, Block 1102, Block 1103, Block 1104,
Block 1105, Block 1106, Block 1107, Block 1108, Block 1109, Block 1110,
Block 1111, Block 1112, Block 1113, Block 1114, Block 1115, Block 1116,
Block 1117, Block 1118, Block 1119, Block 1120, Block 1121, Block 1122,
Block 1123, Block 1124, Block 1125, Block 1126, Block 1127, Block 1128,
Block 1129, Block 1130, Block 1131, Block 1132, Block 1133, Block 1134,
Block 1135, Block 1136, Block 1137, Block 1138, Block 1139, Block 1140,
Block 1141, Block 1142, Block 1143, Block 1144, Block 1145, Block 1146,
Block 1147, Block 1148, Block 1149, Block 1150, Block 1151, Block 1152,
Block 1153, Block 1154, Block 1155, Block 1156, Block 1157, Block 1158,
Block 1159, Block 1160, Block 1161, Block 1162, Block 1163, Block 1164,
Block 1165, Block 1166, Block 1167, Block 1168, Block 1169, Block 1170,
Block 1171, Block 1172, Block 1173, Block 1174, Block 1175, Block 1176,
Block 1177, Block 1178, Block 1179, Block 1180, Block 1181, Block 1182,
Block 1183, Block 1184, Block 1185, Block 1186, Block 1187, Block 1188,
Block 1189, Block 1190, Block 1191, Block 1192, Block 1193, Block 1194,
Block 1195, Block 1196, Block 1197, Block 1198, Block 1199, Block 1200,
Block 1201, Block 1202, Block 1203, Block 1204, Block 1205, Block 1206,
Block 1207, Block 1208, Block 1209, Block 1210, Block 1211, Block 1212,
Block 1213, Block 1214, Block 1215, Block 1216, Block 1217, Block 1218,
Block 1219, Block 1220, Block 1221, Block 1222, Block 1223, Block 1224,
Block 1225, Block 1226, Block 1227, Block 1228, Block 1229, Block 1230,
Block 1231, Block 1232, Block 1233, Block 1234, Block 1235, Block 1236,
Block 1237, Block 1238, Block 1239, Block 1240, Block 1241, Block 1242,
Block 1243, Block 1244, Block 1245, Block 1246, Block 1247, Block 1248,
Block 1249, Block 1250, Block 1251, Block 1252, Block 1253, Block 1254,
Block 1255, Block 1256, Block 1257, Block 1258, Block 1259, Block 1260,
Block 1261, Block 1262, Block 1263, Block 1264, Block 1265, Block 1266,
Block 1267, Block 1268, Block 1269, Block 1270, Block 1271, Block 1272,
Block 1273, Block 1274, Block 1275, Block 1276, Block 1277, Block 1278,
Block 1281, Block 1282, Block 1283, Block 1284, Block 1285, Block 1286,
Block 1287, Block 1288, Block 1289, Block 1290, Block 1291, Block 1292,
Block 1293, Block 1294, Block 1295, Block 1997, Block 2146, Block 2147,
Block 2148, Block 2149, Block 2157, Block 2158, Block 2160, Block 3023,
Block 3024, Block 3025, Block 3032, Block 3033, Block 3034, Block 3200,
Block 3201, Block 3202, Block 3203, Block 3204, Block 3205, Tract 8.00;
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2027, Block 2028, Block 2029, Block 2030, Block 2031,
Block 2032, Block 2033, Block 2034, Block 2035, Block 2036, Block 2037,
Block 2038, Block 2039, Block 2040, Block 2041, Block 2042, Block 2043,
Block 2044, Block 2045, Block 2046, Block 2047, Block 2048, Block 2049,
Block 2050, Block 2051, Block 2052, Block 2053, Block 2054, Block 2055,
Block 2056, Block 2057, Block 2058, Block 2060, Block 2066, Block 2067,
Block 2068, Block 2071, Block 2072, Block 2073, Block 2077, Block 2078,
Block 2079, Block 2991, Block 2992, Block 2993, Block 2994, Block 2995,
Block 2996, Block 2997, Block 2998, Block 2999, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3027, Block 3028, Block 3030, Block 3031,
Block 3032, Block 3033, Block 3034, Block 3035, Block 3036, Block 3052,
Block 3053, Tract 9.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1016,
Block 1017, Block 1018, Block 1996, Block 1998, Block 1999, Tract 10.00;
Block 2001, Block 2002, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2033,
Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block 2039,
Block 2040, Block 2041, Block 2042, Block 2043, Block 2044, Block 2045,
[Title 44 RCW—page 22]
Block 2046, Block 2047, Block 2048, Block 2049, Block 2050, Block 2051,
Block 2052, Block 2053, Block 2054, Block 2055, Block 2995, Block 2996,
Block 2997, Block 2998, Block 2999, Tract 11.00; Block 5001, Block 5002,
Block 5003, Block 5004, Block 5005, Block 5006, Block 5007, Block 5008,
Block 5009, Block 5010, Block 5011, Block 5012, Block 5013, Block 5014,
Block 5018, Block 5019, Block 5020, Block 5021, Block 5022, Block 5998,
Tract 13.00; Block 1021, Block 1022, Block 1023, Block 1024, Block 1026,
Block 1027, Block 1028, Block 1029, Block 1030, Block 1033, Block 1034,
Block 1035, Block 1036, Block 2002, Pacific County, Wahkiakum County.
District 20: Lewis County, Thurston County (Part) -Tracts: 126.00,
127.00, Thurston County (Part) - Block Groups Tract 115.00; Block Group
5, Tract 116.10; Block Group 4, Tract 116.20; Block Group 4, Tract 117.00;
Block Group 4, Tract 117.00; Block Group 5, Tract 118.10; Block Group 2,
Tract 118.20; Block Group 3, Tract 118.20; Block Group 4, Tract 118.20;
Block Group 5, Tract 123.10; Block Group 3, Tract 124.20; Block Group 1,
Tract 124.20; Block Group 3, Thurston County (Part) - Blocks: Tract 108.00;
Block 5052, Tract 109.00; Block 2028, Tract 110.00; Block 2021, Block
2022, Tract 115.00; Block 3001, Block 3002, Block 3003, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 4001,
Block 4002, Block 4003, Block 4004, Block 4005, Block 4006, Block 4007,
Block 4008, Block 4009, Block 4010, Block 4011, Block 4012, Tract
116.10; Block 1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 3020, Tract 116.20; Block 3012, Block 3014, Block
3018, Block 3019, Tract 117.00; Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3020, Tract 118.10; Block 1101, Block
1102, Block 1103, Block 1104, Block 1105, Block 1106, Block 1107, Block
1108, Block 1109, Block 1110, Block 1111, Block 1112, Block 1113, Block
1114, Block 1115, Block 1116, Block 1117, Block 1118, Block 1120, Block
1125, Block 1126, Block 1127, Block 1128, Block 1129, Block 1130, Block
1131, Block 1132, Block 1133, Block 1134, Block 1135, Block 1136, Block
1137, Block 1138, Block 1139, Block 1140, Block 1141, Block 1142, Block
1143, Block 1144, Tract 118.20; Block 2000, Block 2001, Block 2002,
Block 2004, Tract 123.10; Block 2011, Block 2014, Block 2017, Block
2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block
2024, Tract 123.30; Block 1000, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1009, Block 1010, Tract
124.20; Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026,
Block 2028, Block 2038, Block 2039, Tract 125.00; Block 1003, Block
1004, Block 1005, Block 1006, Block 1021, Block 1025, Block 1026, Block
1027, Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block
1033, Block 1034, Block 1035, Block 1036, Block 1037, Block 1038, Block
1039, Block 1040, Block 1041, Block 1042, Block 1043, Block 1044, Block
1045, Block 1046, Block 1047, Block 1048, Block 1049, Block 1999, Block
4010, Block 4012, Block 4013, Block 4014, Block 4017, Block 4021, Block
4022, Block 4023, Block 4024, Block 4025, Block 4026, Block 4027, Block
4028, Block 4029, Block 4030, Block 4031, Block 4032, Block 4033, Block
4034, Block 4035, Block 4036, Block 4037, Block 4038, Block 4039, Block
4040, Block 4041, Block 4042, Block 4043, Block 4044, Block 4045, Block
4046, Block 4047, Block 4048, Block 4049, Block 4050, Block 4051, Block
4052, Block 4053, Block 4054, Block 4055, Block 4056, Block 4057, Block
4058, Block 4059, Block 4060, Block 4061, Block 4062, Block 4063, Block
4064, Block 4065, Block 4066, Block 4067, Block 4068, Block 4069, Block
4070, Block 4071, Block 4072, Block 4073, Block 4074, Block 4075, Block
4082, Block 4083, Block 4084, Block 4085, Block 4086, Block 4087, Block
4088, Block 4089, Block 4090, Block 4091, Block 4092, Block 4093, Block
4094, Block 4095, Block 4096, Block 4097, Block 4098, Block 4099, Block
4100, Block 4101, Block 4102, Block 4103, Block 4104, Block 4105, Block
4106, Block 4107, Block 4108, Block 4109, Block 4110, Block 4111, Block
4112, Block 4113, Block 4114, Block 4115, Block 4116, Block 4117, Block
4118, Block 4119, Block 4120, Block 4121, Block 4128, Block 4158, Block
4159, Block 4160, Block 4161, Block 4162, Block 4163, Block 4164, Block
4165, Block 4166, Block 4167, Block 4168, Block 4169, Block 4170, Block
4171, Block 4172, Block 4173, Block 4174, Block 4175, Block 4176, Block
4177, Block 4182, Block 4183, Block 4184, Block 4996, Block 4997, Block
4998, Block 4999.
District 21: Snohomish County (Part) - Tracts: 418.07, 420.01,
420.03, 420.04, 420.05, 420.06, 501.01, 501.02, 502.00, 503.00, 504.01,
514.00, 515.00, 516.01, 516.02, 517.01, 517.02, Snohomish County (Part) Block Groups Tract 413.01; Block Group 1, Tract 413.01; Block Group 2,
Tract 413.01; Block Group 5, Tract 418.04; Block Group 2, Tract 418.04;
(2004 Ed.)
Legislative Districts and Apportionment
Block Group 5, Tract 419.01; Block Group 3, Tract 504.02; Block Group 1,
Tract 505.00; Block Group 1, Tract 505.00; Block Group 5, Tract 510.00;
Block Group 1, Tract 510.00; Block Group 4, Tract 518.01; Block Group 4,
Tract 518.02; Block Group 1, Tract 518.02; Block Group 3, Tract 519.05;
Block Group 5, Tract 519.05; Block Group 6, Snohomish County (Part) Blocks: Tract 413.01; Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015,
Block 3016, Block 3017, Block 3018, Block 3019, Block 3020, Block 3021,
Block 3022, Block 3023, Block 3024, Block 3025, Block 3026, Block 3027,
Block 3028, Block 3029, Block 3030, Block 3031, Block 3032, Block 3033,
Block 3997, Block 4000, Block 4001, Block 4002, Block 4003, Block 4004,
Block 4005, Block 4006, Block 4007, Block 4999, Tract 418.04; Block
3004, Block 4000, Block 4001, Block 4002, Block 4005, Block 4006, Block
4007, Block 4008, Tract 418.06; Block 1004, Block 1006, Block 1007,
Block 1008, Block 1009, Block 2007, Block 3000, Block 3001, Tract
418.08; Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Tract 419.01; Block 1001, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block
1010, Block 1011, Block 1012, Block 1013, Block 1016, Block 1017, Block
1018, Block 1019, Block 2000, Block 2001, Block 2002, Block 2005, Block
2006, Block 2007, Block 2008, Block 2009, Tract 419.05; Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 4002, Block 4003, Block 4004, Block 4005, Tract
504.02; Block 4000, Block 4001, Block 4002, Block 4003, Block 4004,
Tract 505.00; Block 3005, Block 3006, Block 3007, Block 3008, Block
4000, Block 4001, Block 4002, Block 4003, Block 4004, Block 4005, Block
4006, Block 4007, Block 4008, Block 4009, Block 4010, Block 4011, Block
4012, Block 4013, Block 4014, Block 4015, Block 4016, Block 4017, Block
4018, Block 4019, Block 4020, Block 4021, Block 4022, Block 4023, Block
4025, Block 4026, Block 4029, Block 4030, Block 4998, Block 4999, Tract
506.00; Block 1003, Tract 509.00; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Tract 510.00; Block 2001, Block
2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block
2008, Block 2009, Block 3000, Block 3001, Block 3002, Block 3003, Block
3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Tract
518.01; Block 1001, Block 1002, Tract 519.05; Block 1007, Block 2005,
Block 4000, Block 4001, Block 4002, Block 4003, Block 4004, Block 4005,
Block 4006, Block 4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4012, Block 4013, Block 4014, Block 4015, Block 4016, Block 4021.
District 22: Thurston County (Part) - Tracts: 101.00, 102.00, 103.00,
104.00, 105.00, 106.00, 107.00, 111.00, 112.00, 113.00, 114.10, 114.20,
120.00, 121.00, 122.10, 122.20, Thurston County (Part) - Block Groups
Tract 108.00; Block Group 1, Tract 108.00; Block Group 2, Tract 108.00;
Block Group 3, Tract 108.00; Block Group 4, Tract 109.00; Block Group 1,
Tract 109.00; Block Group 4, Tract 109.00; Block Group 5, Tract 109.00;
Block Group 6, Tract 115.00; Block Group 1, Tract 115.00; Block Group 2,
Tract 116.10; Block Group 2, Tract 116.20; Block Group 1, Tract 116.20;
Block Group 2, Tract 117.00; Block Group 1, Tract 117.00; Block Group 2,
Tract 123.30; Block Group 2, Thurston County (Part) - Blocks: Tract 108.00;
Block 5000, Block 5001, Block 5002, Block 5003, Block 5004, Block 5005,
Block 5006, Block 5007, Block 5008, Block 5009, Block 5010, Block 5011,
Block 5012, Block 5013, Block 5014, Block 5015, Block 5016, Block 5017,
Block 5018, Block 5019, Block 5020, Block 5021, Block 5022, Block 5023,
Block 5024, Block 5025, Block 5026, Block 5027, Block 5028, Block 5029,
Block 5030, Block 5031, Block 5032, Block 5033, Block 5034, Block 5035,
Block 5036, Block 5037, Block 5038, Block 5039, Block 5040, Block 5041,
Block 5042, Block 5043, Block 5044, Block 5045, Block 5046, Block 5047,
Block 5048, Block 5049, Block 5050, Block 5051, Block 5053, Block 5054,
Tract 109.00; Block 2000, Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2013, Block 2014, Block 2015, Block
2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block
2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027, Block
2029, Block 2030, Block 2031, Block 2996, Block 2997, Block 2998, Block
2999, Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block
3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block
3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block
3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022, Block
3023, Block 3024, Block 3025, Block 3026, Block 3027, Block 3028, Block
3029, Block 3030, Block 3031, Block 3032, Block 3033, Block 3037, Block
3038, Block 3039, Block 3040, Block 3041, Block 3999, Tract 110.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1015, Block 1020, Block 1021, Block 1022,
Block 1025, Block 1999, Tract 115.00; Block 3000, Block 3004, Block
(2004 Ed.)
Chapter 44.07D
3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block
3017, Block 3018, Block 4000, Tract 116.10; Block 1012, Block 1013,
Block 1014, Block 3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Block 3018, Block 3019, Block 3021, Block 3022, Block 3023,
Block 3024, Block 3025, Block 3998, Block 3999, Tract 116.20; Block
3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block
3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block
3013, Block 3015, Block 3016, Block 3017, Block 3020, Block 3021, Block
3022, Block 3023, Block 3024, Block 3025, Block 3026, Block 3027, Block
3028, Block 3029, Block 3030, Block 3031, Block 3032, Block 3033, Tract
117.00; Block 3010, Block 3011, Block 3012, Tract 118.20; Block 1000,
Tract 123.30; Block 1001.
District 23: Kitsap County (Part) - Tracts: 804.00, 901.01, 901.02,
902.00, 903.00, 904.00, 905.00, 906.01, 906.02, 907.00, 908.00, 909.00,
910.00, 911.00, 912.01, 912.03, 912.04, 915.00, 916.00, 917.00, 918.00,
919.00, Kitsap County (Part) - Block Groups Tract 801.01; Block Group 2,
Tract 801.02; Block Group 1, Tract 802.00; Block Group 2, Tract 803.00;
Block Group 3, Tract 913.02; Block Group 2, Kitsap County (Part) - Blocks:
Tract 802.00; Block 1000, Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block
1010, Block 1024, Tract 803.00; Block 1002, Block 1005, Block 2000,
Block 2008, Tract 913.02; Block 1000, Block 1001, Block 1002, Block
1008, Block 1009, Block 1010, Block 1999, Block 3005, Block 3006.
District 24: Clallam County, Grays Harbor County (Part) -Tract 1.00,
2.00, 3.00, 14.00, 15.00, Grays Harbor County (Part) -Block Groups Tract
4.00; Block Group 1, Tract 4.00; Block Group 2, Tract 4.00; Block Group 3,
Tract 4.00; Block Group 5, Tract 8.00; Block Group 1, Tract 13.00; Block
Group 3, Tract 13.00; Block Group 4, Grays Harbor County (Part) - Blocks:
Tract 4.00; Block 4022, Block 4023, Block 4024, Block 4025, Block 4026,
Block 4027, Block 4028, Block 4029, Block 4030, Block 4031, Block 4032,
Block 4033, Block 4034, Block 4035, Block 4036, Block 4037, Block 4038,
Block 4039, Block 4057, Block 4058, Block 4059, Block 4060, Block 4061,
Block 4062, Block 4063, Block 4064, Block 4065, Block 4066, Block 4067,
Block 4068, Block 4069, Block 4070, Tract 5.00; Block 4067, Block 4068,
Block 4073, Block 4074, Block 4075, Block 4076, Block 4077, Block 4078,
Block 4079, Block 4080, Block 4081, Block 4082, Block 4083, Tract 8.00;
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Block 2026, Block 2059, Block 2061, Block 2062, Block 2063,
Block 2064, Block 2065, Block 2069, Block 2070, Block 2074, Block 2075,
Block 2076, Block 3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3012, Block 3013, Block 3014,
Block 3015, Block 3016, Block 3017, Block 3018, Block 3019, Block 3020,
Block 3021, Block 3022, Block 3023, Block 3024, Block 3025, Block 3026,
Block 3029, Block 3037, Block 3038, Block 3039, Block 3040, Block 3041,
Block 3042, Block 3043, Block 3044, Block 3045, Block 3046, Block 3047,
Block 3048, Block 3049, Block 3050, Block 3051, Block 3054, Block 3999,
Tract 9.00; Block 1015, Block 1997, Tract 10.00; Block 2000, Block 2003,
Block 2004, Block 2009, Block 2994, Tract 11.00; Block 5000, Block 5015,
Block 5016, Block 5017, Block 5999, Tract 13.00; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1025, Block 1031, Block 1032, Block 1037, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1997, Block 1998, Block 1999,
Block 2000, Block 2001, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block 2030,
Block 2997, Block 2998, Block 2999, Jefferson County.
District 25: Pierce County (Part) - Tracts: 705.00, 711.00, 712.05,
712.06, 712.07, 712.08, 712.09, 713.04, 713.05, 713.06, 713.07, 731.07,
731.11, 734.01, 734.03, 734.04, Pierce County (Part) - Block Groups Tract
707.03; Block Group 2, Tract 707.03; Block Group 3, Tract 707.03; Block
Group 4, Tract 707.03; Block Group 5, Tract 709.00; Block Group 2, Tract
710.00; Block Group 1, Tract 710.00; Block Group 4, Tract 710.00; Block
Group 5, Tract 710.00; Block Group 6, Tract 712.10; Block Group 2, Tract
713.08; Block Group 1, Tract 713.08; Block Group 3, Tract 715.05; Block
Group 3, Tract 715.06; Block Group 1, Tract 716.02; Block Group 2, Tract
731.12; Block Group 2, Pierce County (Part) - Blocks: Tract 633.00; Block
1032, Block 2000, Block 2028, Block 2029, Tract 704.01; Block 2002, Tract
[Title 44 RCW—page 23]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
707.01; Block 6019, Tract 707.03; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1029, Block 1030, Block 1031, Tract 707.04; Block 1001, Block
1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block
1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block
1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block
1020, Block 1021, Block 2000, Block 2001, Block 2004, Block 2005, Block
2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block
2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block
2018, Block 2019, Block 2020, Block 2021, Tract 709.00; Block 4000,
Block 4001, Block 4002, Block 4003, Block 4004, Block 4005, Block 4006,
Block 4007, Block 4008, Block 4009, Block 4010, Block 4011, Block 4012,
Block 4014, Block 4015, Block 4016, Block 4017, Block 4018, Block 4019,
Block 4020, Block 4021, Block 4998, Block 4999, Tract 710.00; Block
2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2007, Block
2008, Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block
3005, Block 3006, Block 3008, Block 3009, Block 3010, Block 3011, Block
3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017, Tract
712.10; Block 1013, Block 1014, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3020, Block 3021, Block 3022, Block 3023,
Block 3024, Block 3025, Block 3026, Tract 713.08; Block 2000, Block
2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block
2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2015, Block
2016, Tract 714.06; Block 3000, Tract 715.05; Block 4000, Tract 715.06;
Block 2000, Block 2001, Block 2007, Block 2008, Block 2009, Block 2010,
Tract 716.01; Block 1000, Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1008, Block 1010, Block 1011, Block
1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block
1018, Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block
2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block
2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block
2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block
2024, Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block
2030, Block 2031, Block 2032, Block 2033, Block 2034, Block 2035, Block
2036, Tract 716.02; Block 1000, Block 1001, Block 1002, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Tract 731.08; Block 1003, Block 1004, Block
1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block
1011, Tract 731.10; Block 1000, Block 1002, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1018, Block 2003, Block 2004, Block 2005,
Tract 731.12; Block 1021, Block 1027, Block 1028, Block 1029, Tract
733.02; Block 1031, Block 1032, Block 1033, Block 1034, Block 1035,
Block 1036, Block 1037, Block 1038, Block 1039, Block 1040, Block 1041,
Block 1043, Block 1997, Block 1998, Block 1999.
District 26: Kitsap County (Part) - Tracts: 805.00, 811.00, 812.00,
814.00, 922.00, 923.00, 924.00, 925.00, 926.00, 927.00, 928.01, 928.02,
928.03, Kitsap County (Part) - Block Groups Tract 810.00; Block Group 1,
Tract 929.02; Block Group 2, Tract 929.02; Block Group 3, Kitsap County
(Part) - Blocks: Tract 806.00; Block 3000, Block 3001, Block 3002, Block
3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block
3015, Block 3016, Block 4004, Block 4005, Block 4006, Block 4007, Block
4008, Block 4009, Block 4010, Block 5003, Block 5004, Block 5005, Block
5006, Block 5007, Block 5008, Block 5009, Block 5010, Block 5011, Block
5012, Block 5013, Block 5014, Block 5015, Block 5016, Block 5017, Block
5018, Block 5019, Block 5020, Block 5021, Block 5022, Block 5023, Tract
809.00; Block 1041, Block 1042, Tract 810.00; Block 2000, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026,
Block 2027, Block 2028, Block 2029, Block 3000, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3020, Block 3021, Block 3022, Block 3023,
Block 3024, Block 3025, Block 3026, Block 3999, Tract 921.00; Block
1000, Block 1001, Block 1002, Block 1003, Block 1998, Block 1999, Block
3000, Block 3001, Block 3002, Block 3003, Block 3011, Block 3012, Block
3013, Block 3030, Block 3031, Block 3032, Block 3033, Block 3998, Block
3999, Tract 929.02; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1999, Block 4000, Block 4001, Block 4002, Block 4006,
Block 4007, Block 4999, Pierce County (Part) - Tracts: 724.05, 724.06,
724.07, 724.08, 724.09, 724.10, 725.03, 725.04, 725.05, 725.06, 725.07,
[Title 44 RCW—page 24]
726.01, 726.02, Pierce County (Part) - Block Groups Tract 726.03; Block
Group 1, Tract 726.03; Block Group 2.
District 27: Pierce County (Part) - Tracts: 601.02, 601.03, 601.04,
602.00, 603.00, 604.00, 605.00, 606.00, 607.00, 608.00, 609.03, 609.04,
609.06, 611.00, 612.00, 613.00, 614.00, 615.00, 616.01, 616.02, 620.00,
621.00, 622.00, 623.00, 708.00, Pierce County (Part) - Block Groups Tract
609.05; Block Group 3, Tract 617.00; Block Group 1, Tract 617.00; Block
Group 2, Tract 617.00; Block Group 3, Tract 617.00; Block Group 4, Tract
619.00; Block Group 1, Tract 624.00; Block Group 1, Tract 633.00; Block
Group 3, Tract 633.00; Block Group 4, Tract 633.00; Block Group 5, Tract
709.00; Block Group 1, Tract 709.00; Block Group 3, Pierce County (Part) Blocks: Tract 609.05; Block 4000, Block 4001, Tract 610.02; Block 1000,
Block 1004, Block 1005, Block 2000, Block 2001, Block 2002, Block 2003,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Tract
617.00; Block 5000, Block 5001, Block 5002, Block 5003, Block 5004,
Block 5005, Block 5006, Block 5007, Block 5008, Block 5009, Block 5010,
Block 5011, Block 5012, Block 5013, Block 5014, Block 5015, Block 5016,
Block 5017, Block 5018, Block 5021, Tract 618.00; Block 1000, Tract
619.00; Block 3007, Tract 624.00; Block 2000, Block 2001, Block 2002,
Block 2007, Tract 626.00; Block 3000, Block 3001, Block 3002, Block
3003, Block 3004, Block 3005, Block 3006, Block 3019, Tract 628.01;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1999, Block 4000,
Block 4001, Block 4002, Tract 633.00; Block 1000, Block 1001, Block
1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block
1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block
1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block
1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025, Block
1026, Block 1027, Block 1028, Block 1029, Block 1030, Block 1031, Block
2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block
2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block
2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block
2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024, Block
2025, Block 2026, Block 2027, Tract 634.00; Block 1000, Tract 707.03;
Block 1012, Block 1013, Tract 709.00; Block 4013, Tract 710.00; Block
2005, Block 2006, Block 3007, Block 3018, Tract 716.01; Block 1007,
Block 1009.
District 28: Pierce County (Part) - Tracts: 610.01, 719.02, 720.00,
721.05, 721.07, 721.08, 721.09, 721.11, 721.12, 723.05, 723.07, 723.08,
723.09, 723.10, 723.11, 727.00, 728.00, 729.03, Pierce County (Part) Block Groups Tract 609.05; Block Group 1, Tract 609.05; Block Group 2,
Tract 609.05; Block Group 5, Tract 610.02; Block Group 3, Tract 610.02;
Block Group 4, Tract 719.01; Block Group 4, Tract 721.06; Block Group 2,
Tract 721.06; Block Group 3, Tract 721.06; Block Group 4, Tract 721.06;
Block Group 5, Tract 723.06; Block Group 1, Tract 723.06; Block Group 3,
Tract 723.06; Block Group 4, Tract 726.03; Block Group 3, Pierce County
(Part) - Blocks: Tract 609.05; Block 4002, Block 4003, Block 4004, Block
4005, Block 4006, Block 4007, Tract 610.02; Block 1001, Block 1002,
Block 1003, Block 1006, Block 1007, Block 1008, Block 2004, Tract
717.06; Block 1010, Tract 718.03; Block 2003, Block 4002, Tract 718.06;
Block 1000, Block 1001, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1022,
Block 1023, Tract 719.01; Block 1022, Block 1023, Block 1031, Block
1039, Block 1040, Block 1041, Block 2003, Block 2004, Block 2005, Block
2006, Block 3002, Block 3003, Block 3008, Block 3010, Block 3011, Tract
721.06; Block 1007, Block 1008, Block 1009, Block 1010, Tract 729.01;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1999, Tract 729.04; Block 1011, Block 1012, Block
1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block
1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block
1025, Block 1026, Block 1027, Block 1031, Block 1047, Block 1048, Block
1049, Block 1057, Block 1058, Block 1059, Block 1060, Block 1061, Block
1062, Block 1063, Block 1064.
District 29: Pierce County (Part) - Tracts: 625.00, 628.02, 629.00,
630.00, 631.00, 632.00, 635.01, 635.02, 715.03, 715.04, 717.03, 717.04,
717.05, 717.07, 718.04, 718.05, Pierce County (Part) - Block Groups Tract
618.00; Block Group 2, Tract 618.00; Block Group 3, Tract 619.00; Block
Group 2, Tract 624.00; Block Group 3, Tract 624.00; Block Group 4, Tract
624.00; Block Group 5, Tract 626.00; Block Group 1, Tract 626.00; Block
Group 2, Tract 628.01; Block Group 2, Tract 628.01; Block Group 3, Tract
634.00; Block Group 2, Tract 634.00; Block Group 3, Tract 634.00; Block
Group 4, Tract 634.00; Block Group 5, Tract 634.00; Block Group 6, Tract
715.05; Block Group 1, Tract 715.05; Block Group 2, Tract 718.03; Block
Group 1, Tract 718.03; Block Group 3, Tract 718.06; Block Group 2, Tract
(2004 Ed.)
Legislative Districts and Apportionment
723.06; Block Group 2, Pierce County (Part) - Blocks: Tract 617.00; Block
5019, Block 5020, Tract 618.00; Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Tract
619.00; Block 3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Tract
624.00; Block 2003, Block 2004, Block 2005, Block 2006, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Tract 626.00; Block 3007, Block 3008, Block 3009, Block 3010, Block
3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block
3017, Block 3018, Block 3020, Block 3021, Block 3022, Block 3023, Block
3024, Block 3025, Block 3026, Block 3027, Block 3028, Block 3029, Block
3030, Block 3031, Block 3032, Block 3033, Block 3034, Block 3035, Block
3036, Block 3037, Block 3038, Block 3039, Block 3040, Block 3041, Block
3042, Block 3043, Block 3044, Block 3045, Block 3046, Block 3047, Block
3048, Block 3049, Block 3050, Block 3051, Block 3052, Block 3053, Block
3054, Block 3055, Block 3056, Block 3057, Block 3058, Block 3059, Block
3060, Block 3061, Block 3062, Block 3063, Block 3064, Block 3065, Block
3066, Block 3067, Block 3068, Block 3069, Block 3070, Block 3071, Block
3072, Block 3073, Block 3074, Block 3075, Block 3076, Block 3077, Block
3078, Block 3079, Block 3080, Block 3081, Block 3082, Block 3083, Block
3084, Block 3085, Block 3086, Block 3087, Block 3088, Block 3089, Block
3090, Tract 628.01; Block 1009, Block 1010, Block 1011, Block 1012,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1032, Block 4003, Block 4004, Block 4005, Block 4006, Block 4007,
Block 4008, Block 4009, Tract 634.00; Block 1001, Block 1002, Block
1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block
1009, Block 1010, Block 1011, Block 1012, Block 1013, Tract 714.08;
Block 1000, Block 1004, Block 1005, Tract 715.05; Block 4001, Block
4002, Block 4003, Block 4004, Block 4005, Block 4006, Block 4007, Block
4008, Block 4009, Block 4010, Block 4011, Block 4012, Tract 715.06;
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Tract
716.01; Block 2005, Tract 716.02; Block 1003, Block 1004, Block 1005,
Block 1006, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 1024, Tract 717.06; Block
1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1009, Block 1011, Block 1012, Block
1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block
1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block
1025, Block 1026, Tract 718.03; Block 2000, Block 2001, Block 2002,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2033,
Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block 2039,
Block 2040, Block 2041, Block 2042, Block 2043, Block 2044, Block 2045,
Block 2046, Block 2047, Block 2048, Block 2049, Block 4000, Block 4001,
Block 4003, Block 4004, Block 4005, Tract 718.06; Block 1002, Block
1003, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block
1018, Block 1019, Block 1020, Block 1021, Tract 719.01; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1024, Block 1025, Block 1026,
Block 1027, Block 1028, Block 1029, Block 1030, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1037, Block 1038, Block 2000,
Block 2001, Block 2002, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2999, Block 3000, Block 3001, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3009, Tract 721.06; Block
1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block
1006, Block 1011, Block 1012.
District 30: King County (Part) - Tracts: 299.01, 300.02, 300.04,
301.00, 302.01, 302.02, 303.03, 303.04, 303.05, 303.06, 303.08, 303.09,
303.10, 303.11, 303.12, 304.03, 304.04, 309.01, 309.02, King County (Part)
- Block Groups Tract 298.02; Block Group 1, Tract 298.02; Block Group 2,
Tract 298.02; Block Group 3, Tract 298.02; Block Group 4, Tract 298.02;
Block Group 5, Tract 299.02; Block Group 1, Tract 300.03; Block Group 5,
Tract 304.01; Block Group 1, Tract 304.01; Block Group 3, Tract 304.01;
Block Group 4, Tract 304.01; Block Group 5, King County (Part) - Blocks:
Tract 298.01; Block 6020, Block 6021, Tract 298.02; Block 6000, Block
6001, Block 6002, Block 6003, Block 6004, Block 6005, Block 6006, Block
6007, Block 6008, Block 6011, Block 6012, Block 6013, Block 6014, Block
(2004 Ed.)
Chapter 44.07D
6015, Tract 299.02; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 3002, Block 3005,
Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012,
Block 3013, Block 3023, Block 3024, Block 3025, Block 3028, Block 3029,
Block 3030, Block 3031, Block 3032, Block 3035, Block 3036, Tract
300.03; Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 3006, Tract 304.01; Block 2001, Block
2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block
2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block
2014, Block 2015, Block 2017, Block 2018, Block 2019, Block 2020, Block
2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block
2027, Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block
2033, Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block
2039, Block 2040, Block 2041, Block 2042, Block 2043, Block 2044, Block
2045, Block 2046, Block 2047, Block 2048, Block 2049, Block 2050, Block
2051, Block 2052, Block 2053, Block 2054, Block 2055, Tract 305.01;
Block 1006, Block 1007, Block 1010, Tract 308.01; Block 1003, Block
1004, Block 1005, Block 1006, Tract 310.00; Block 1018, Block 1019,
Block 1021, Block 1039.
District 31: King County (Part) - Tracts: 307.00, 308.02, 311.00,
312.02, 313.01, 313.02, 314.00, King County (Part) - Block Groups Tract
308.01; Block Group 3, Tract 308.01; Block Group 4, Tract 312.04; Block
Group 6, Tract 315.02; Block Group 2, Tract 315.02; Block Group 3, Tract
315.02; Block Group 4, King County (Part) - Blocks: Tract 305.01; Block
1074, Block 1075, Block 1076, Block 1077, Tract 306.00; Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026,
Block 2027, Block 2028, Block 2029, Block 2030, Block 2031, Block 2032,
Block 2033, Block 3016, Block 3017, Block 3018, Block 3019, Block 3020,
Block 3021, Block 3022, Block 3023, Block 3024, Tract 308.01; Block
1000, Block 1001, Block 1002, Block 1007, Block 2000, Block 2001, Block
2002, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block
2021, Block 2022, Block 2023, Block 2024, Block 2025, Tract 310.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1020, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026,
Block 1027, Block 1028, Block 1029, Block 1030, Block 1031, Block 1032,
Block 1033, Block 1034, Block 1035, Block 1036, Block 1037, Block 1038,
Tract 312.04; Block 3001, Block 3002, Block 3003, Block 3004, Block
3005, Block 3006, Block 3007, Block 3008, Tract 315.01; Block 1030,
Block 1034, Block 1035, Block 1036, Block 1037, Block 2006, Block 2007,
Block 2008, Block 2014, Block 2019, Block 2020, Block 2021, Block 2022,
Block 2023, Block 2024, Block 2025, Block 2026, Block 2027, Block 2028,
Block 2029, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2035, Block 2036, Block 2037, Block 2038, Block 2039, Block 2040,
Block 2041, Block 2042, Block 2043, Block 2044, Block 2045, Block 2046,
Block 2047, Block 2048, Block 2049, Block 2050, Block 2051, Block 2052,
Block 2053, Block 2054, Block 2055, Block 2056, Block 2057, Block 2058,
Block 2059, Block 2060, Block 2061, Block 2062, Block 2063, Block 2064,
Block 2065, Block 2066, Block 2067, Block 2068, Block 2069, Block 2070,
Block 2071, Block 2072, Block 2075, Block 2076, Block 2077, Block 2078,
Block 2079, Block 2080, Block 2081, Block 2082, Block 2083, Block 2084,
Block 2085, Block 2086, Block 2087, Block 2088, Block 2089, Block 2090,
Block 2091, Block 2092, Block 2093, Block 2094, Block 2095, Block 2096,
Block 2097, Block 2098, Block 2099, Block 2100, Block 2101, Block 2102,
Block 2103, Block 2104, Block 2105, Block 2106, Block 2107, Block 2108,
Block 2109, Block 2110, Block 2111, Block 2112, Block 2999, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012,
Block 3018, Block 3019, Block 3020, Block 3021, Block 3022, Block 3023,
Block 3024, Block 3025, Block 3026, Block 3027, Block 3028, Block 3029,
Block 3030, Block 3031, Block 3032, Block 3033, Block 3034, Block 3035,
Block 3036, Block 3037, Block 3038, Block 3039, Block 3040, Block 3041,
Block 3042, Block 3043, Tract 315.02; Block 1000, Block 1001, Block
1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block
1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block
1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block
1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025, Block
1026, Block 1027, Block 1028, Block 1094, Block 1095, Block 1097, Block
1098, Block 1099, Block 1100, Block 1101, Block 1102, Block 1103, Block
[Title 44 RCW—page 25]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
1104, Block 1105, Block 1116, Block 1117, Block 1118, Block 1122, Block
1123, Block 1124, Block 1125, Block 1126, Block 1127, Block 1128, Block
1129, Block 1130, Block 1131, Block 1132, Block 1133, Block 1134, Block
1135, Block 1136, Block 1137, Block 1138, Block 1139, Block 1140, Block
1141, Block 1142, Block 1143, Block 1144, Block 1145, Block 1146, Block
1147, Block 1148, Block 1149, Block 1150, Block 1151, Block 1152, Block
1153, Block 1154, Block 1155, Block 1156, Block 1157, Block 1158, Block
1159, Block 1160, Block 1161, Block 1162, Block 1163, Block 1164, Block
1165, Block 1166, Block 1167, Block 1168, Block 1169, Block 1170, Block
1171, Block 1172, Block 1173, Block 1174, Block 1175, Block 1176, Block
1177, Block 1178, Block 1179, Block 1180, Block 1181, Block 1182, Block
1183, Block 1184, Block 1185, Block 1186, Block 1187, Block 1188, Block
1189, Block 1190, Block 1191, Block 1192, Block 1193, Block 1194, Block
1195, Block 1196, Block 1197, Block 1198, Block 1199, Block 1200, Block
1201, Block 1202, Block 1203, Block 1204, Block 1205, Block 1206, Block
1207, Block 1208, Block 1209, Block 1210, Block 1211, Block 1212, Block
1213, Block 1214, Block 1215, Block 1216, Block 1217, Block 1218, Block
1219, Block 1220, Block 1221, Block 1222, Block 1223, Block 1224, Block
1225, Block 1226, Block 1227, Block 1228, Block 1229, Block 1230, Block
1231, Block 1232, Block 1233, Block 1234, Block 1235, Block 1236, Block
1237, Block 1238, Block 1239, Block 1240, Block 1241, Block 1242, Block
1243, Block 1244, Block 1245, Block 1246, Block 1247, Block 1248, Block
1249, Block 1250, Block 1251, Block 1252, Block 1253, Block 1254, Block
1255, Block 1256, Block 1257, Block 1258, Block 1259, Block 1260, Block
1261, Block 1262, Block 1263, Block 1264, Block 1265, Block 1266, Block
1267, Block 1268, Block 1269, Block 1270, Block 1271, Block 1272, Block
1273, Block 1274, Block 1275, Block 1276, Block 1277, Block 1278, Block
1279, Block 1280, Block 1281, Block 1282, Block 1283, Block 1284, Block
1285, Block 1286, Block 1287, Block 1288, Block 1289, Block 1290, Block
1291, Block 1292, Block 1293, Block 1294, Block 1295, Block 1296, Block
1297, Block 1298, Block 1299, Block 1300, Block 1301, Block 1302, Block
1303, Block 1304, Block 1305, Block 1306, Block 1307, Block 1308, Block
1309, Block 1310, Block 1311, Block 1312, Block 1313, Block 1314, Block
1315, Block 1316, Block 1317, Block 1318, Block 1319, Block 1320, Block
1321, Block 1322, Block 1323, Block 1324, Block 1325, Block 1326, Block
1327, Block 1328, Block 1329, Block 1330, Block 1331, Block 1332, Block
1333, Block 1334, Block 1335, Block 1336, Block 1337, Block 1338, Block
1339, Block 1340, Block 1341, Block 1342, Block 1343, Block 1344, Block
1345, Block 1346, Block 1347, Block 1348, Block 1349, Block 1350, Block
1351, Block 1352, Block 1353, Block 1354, Block 1355, Block 1356, Block
1357, Block 1358, Block 1359, Block 1360, Block 1361, Block 1362, Block
1363, Block 1364, Block 1365, Block 1366, Block 1367, Block 1368, Block
1369, Block 1370, Block 1371, Block 1372, Block 1373, Block 1374, Block
1375, Block 1376, Block 1377, Block 1378, Block 1379, Block 1380, Block
1381, Block 1382, Block 1383, Block 1384, Block 1385, Block 1386, Block
1387, Block 1388, Block 1389, Block 1390, Block 1391, Block 1392, Block
1393, Block 1394, Block 1395, Block 1396, Block 1397, Block 1398, Block
1399, Block 1400, Block 1401, Block 1402, Block 1403, Block 1404, Block
1405, Block 1406, Block 1407, Block 1408, Block 1409, Block 1410, Block
1411, Block 1412, Block 1413, Block 1414, Block 1415, Block 1416, Block
1417, Block 1418, Block 1419, Block 1420, Block 1421, Block 1422, Block
1423, Block 1424, Block 1425, Block 1426, Block 1427, Block 1428, Block
1429, Block 1430, Block 1431, Block 1432, Block 1433, Block 1434, Block
1435, Block 1436, Block 1437, Block 1438, Block 1439, Block 1440, Block
1441, Block 1442, Block 1443, Block 1444, Block 1445, Block 1446, Block
1447, Block 1448, Block 1449, Block 1450, Block 1451, Block 1452, Block
1453, Block 1454, Block 1455, Block 1456, Block 1457, Block 1458, Block
1459, Block 1460, Block 1461, Block 1462, Block 1463, Block 1464, Block
1465, Block 1466, Block 1467, Block 1468, Block 1469, Block 1470, Block
1471, Block 1472, Block 1473, Block 1474, Block 1475, Block 1476, Block
1477, Block 1478, Block 1479, Block 1480, Block 1481, Block 1482, Block
1483, Block 1484, Block 1485, Block 1486, Block 1487, Block 1488, Block
1489, Block 1490, Block 1491, Block 1492, Block 1493, Block 1494, Block
1495, Block 1496, Block 1497, Block 1498, Block 1499, Block 1500, Block
1501, Block 1502, Block 1503, Block 1504, Block 1505, Block 1506, Block
1507, Block 1508, Block 1509, Block 1510, Block 1511, Block 1512, Block
1513, Block 1514, Block 1515, Block 1516, Block 1517, Block 1518, Block
1519, Block 1520, Block 1521, Block 1522, Block 1523, Block 1524, Block
1525, Block 1526, Block 1527, Block 1528, Block 1529, Block 1530, Block
1531, Block 1532, Block 1536, Block 1537, Block 1538, Block 1539, Block
1992, Block 1993, Block 1994, Block 1995, Block 1996, Block 1997, Tract
316.02; Block 2012, Block 2013, Block 2014, Block 2015, Tract 316.03;
Block 3011, Block 3012, Block 4016, Block 4017, Tract 327.02; Block
5167, Block 5168, Block 5169, Block 5170, Block 5171, Block 5172, Block
5173, Block 5174, Block 5175, Block 5176, Block 5177, Block 5178, Block
5179, Block 5180, Block 5181, Block 5182, Block 5183, Pierce County
[Title 44 RCW—page 26]
(Part) -Tracts: 702.04, 702.05, 702.07, 703.03, 703.06, 703.07, 703.08,
703.09, 703.10, 703.11, 706.00, 733.01, Pierce County (Part) -Block Groups
Tract 702.03; Block Group 2, Tract 702.03; Block Group 3, Tract 702.06;
Block Group 2, Tract 704.01; Block Group 1, Tract 707.01; Block Group 1,
Tract 707.01; Block Group 2, Tract 707.01; Block Group 3, Tract 707.01;
Block Group 4, Tract 707.01; Block Group 5, Tract 733.02; Block Group 2,
Tract 733.02; Block Group 3, Pierce County (Part) - Blocks: Tract 701.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023,
Block 1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 1033, Block 1034, Block 1035,
Block 1036, Block 1037, Block 1038, Block 1039, Block 1040, Block 1041,
Block 1042, Block 1043, Block 1044, Block 1045, Block 1046, Block 1047,
Block 1048, Block 1049, Block 1050, Block 1051, Block 1052, Block 1053,
Block 1054, Block 1055, Block 1056, Block 1057, Block 1058, Block 1059,
Block 1060, Block 1061, Block 1062, Block 1063, Block 1064, Block 1065,
Block 1066, Block 1067, Block 1068, Block 1069, Block 1070, Block 1071,
Block 1072, Block 1073, Block 1078, Block 1079, Block 1080, Block 1081,
Block 1082, Block 1083, Block 1084, Block 1085, Block 1086, Block 1087,
Block 1089, Block 1091, Block 1092, Block 1093, Block 1094, Block 1095,
Block 1096, Block 1097, Block 1098, Block 1099, Block 1100, Block 1101,
Block 1102, Block 1127, Block 1128, Block 1134, Block 1135, Block 1136,
Block 1137, Block 1138, Block 1139, Block 1140, Block 1141, Block 1142,
Block 1143, Block 1144, Block 1145, Block 1146, Block 1147, Block 1148,
Block 1149, Block 1150, Block 1151, Block 1152, Block 1153, Block 1154,
Block 1155, Block 1156, Block 1157, Block 1158, Block 1159, Block 1160,
Block 1161, Block 1162, Block 1163, Block 1164, Block 1165, Block 1166,
Block 1167, Block 1168, Block 1169, Block 1170, Block 1171, Block 1172,
Block 1173, Block 1174, Block 1175, Block 1176, Block 1177, Block 1178,
Block 1179, Block 1180, Block 1181, Block 1182, Block 1183, Block 1184,
Block 1185, Block 1186, Block 1187, Block 1188, Block 1189, Block 1190,
Block 1191, Block 1192, Block 1193, Block 1194, Block 1195, Block 1196,
Block 1197, Block 1198, Block 1199, Block 1200, Block 1201, Block 1202,
Block 1203, Block 1204, Block 1205, Block 1206, Block 1207, Block 1208,
Block 1209, Block 1210, Block 1211, Block 1212, Block 1213, Block 1214,
Block 1215, Block 1216, Block 1217, Block 1218, Block 1219, Block 1220,
Block 1221, Block 1222, Block 1223, Block 1224, Block 1225, Block 1226,
Block 1227, Block 1228, Block 1229, Block 1230, Block 1231, Block 1232,
Block 1233, Block 1234, Block 1235, Block 1236, Block 1237, Block 1238,
Block 1239, Block 1240, Block 1241, Block 1242, Block 1243, Block 1244,
Block 1245, Block 1246, Block 1247, Block 1248, Block 1249, Block 1250,
Block 1251, Block 1252, Block 1253, Block 1254, Block 1255, Block 1256,
Block 1257, Block 1258, Block 1259, Block 1260, Block 1261, Block 1262,
Block 1263, Block 1264, Block 1265, Block 1266, Block 1267, Block 1268,
Block 1269, Block 1270, Block 1271, Block 1272, Block 1273, Block 1274,
Block 1275, Block 1276, Block 1277, Block 1278, Block 1279, Block 1280,
Block 1281, Block 1282, Block 1283, Block 1284, Block 1285, Block 1286,
Block 1287, Block 1288, Block 1289, Block 1290, Block 1291, Block 1292,
Block 1293, Block 1294, Block 1295, Block 1296, Block 1297, Block 1298,
Block 1299, Block 1300, Block 1301, Block 1302, Block 1303, Block 1304,
Block 1305, Block 1306, Block 1307, Block 1308, Block 1309, Block 1310,
Block 1311, Block 1312, Block 1313, Block 1314, Block 1315, Block 1316,
Block 1317, Block 1318, Block 1319, Block 1320, Block 1321, Block 1322,
Block 1323, Block 1324, Block 1325, Block 1326, Block 1327, Block 1328,
Block 1329, Block 1330, Block 1331, Block 1332, Block 1333, Block 1334,
Block 1335, Block 1336, Block 1337, Block 1338, Block 1339, Block 1340,
Block 1341, Block 1342, Block 1343, Block 1344, Block 1345, Block 1346,
Block 1347, Block 1348, Block 1349, Block 1350, Block 1351, Block 1352,
Block 1353, Block 1354, Block 1355, Block 1356, Block 1357, Block 1358,
Block 1359, Block 1360, Block 1361, Block 1362, Block 1363, Block 1364,
Block 1365, Block 1366, Block 1367, Block 1368, Block 1369, Block 1370,
Block 1371, Block 1372, Block 1373, Block 1374, Block 1375, Block 1376,
Block 1377, Block 1378, Block 1379, Block 1380, Block 1381, Block 1382,
Block 1383, Block 1384, Block 1385, Block 1386, Block 1387, Block 1388,
Block 1389, Block 1390, Block 1391, Block 1392, Block 1393, Block 1394,
Block 1395, Block 1396, Block 1397, Block 1398, Block 1406, Block 1996,
Block 1997, Block 1998, Block 1999, Block 2000, Block 2002, Block 2003,
Block 2007, Block 2008, Tract 702.03; Block 1000, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Tract
702.06; Block 1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1028, Block 1036, Block 1037, Block 1040, Block 1041, Block 1042,
(2004 Ed.)
Legislative Districts and Apportionment
Tract 704.01; Block 2000, Block 2001, Block 2003, Block 2004, Block
2005, Block 2006, Block 2007, Block 2008, Tract 707.01; Block 6000,
Block 6001, Block 6002, Block 6003, Block 6004, Block 6005, Block 6006,
Block 6007, Block 6008, Block 6009, Block 6010, Block 6011, Block 6012,
Block 6013, Block 6014, Block 6015, Block 6016, Block 6017, Block 6018,
Tract 707.04; Block 1000, Block 2002, Block 2003, Tract 712.10; Block
1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block
1012, Block 3000, Block 3001, Block 3002, Tract 733.02; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1042.
District 32: King County (Part) - Tracts: 201.00, 202.00, 203.00,
204.01, 204.02, 205.00, 206.00, 207.00, 208.00, 209.00, 210.00, 211.00,
213.00, 214.00, 215.00, 216.00, 221.01, 222.01, 223.00, King County (Part)
- Block Groups Tract 217.00; Block Group 1, Tract 217.00; Block Group 3,
Tract 221.02; Block Group 2, Tract 221.02; Block Group 3, Tract 222.02;
Block Group 3, Tract 222.02; Block Group 4, Tract 222.02; Block Group 6,
Tract 222.03; Block Group 2, Tract 222.03; Block Group 3, King County
(Part) - Blocks: Tract 217.00; Block 2001, Block 2002, Block 2008, Block
2009, Block 2010, Block 4003, Block 4004, Block 4005, Block 4006, Block
4007, Block 4008, Block 4009, Block 4010, Block 4011, Block 4012, Block
4013, Block 4014, Block 4015, Block 4016, Block 4017, Block 4018, Block
4019, Block 4020, Block 4021, Tract 221.02; Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 4000, Block 4001, Block 4002, Block 4003, Block 4004, Tract
222.02; Block 1000, Block 1002, Block 1003, Block 1004, Block 1005,
Tract 222.03; Block 1002, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block
1012, Block 4001, Block 4002, Block 4003, Block 4004, Block 4005, Block
4006, Block 4998, Snohomish County (Part) - Tracts: 507.00, 508.00, Snohomish County (Part) - Block Groups Tract 504.02; Block Group 2, Tract
504.02; Block Group 3, Tract 505.00; Block Group 2, Tract 509.00; Block
Group 3, Snohomish County (Part) - Blocks: Tract 504.02; Block 4005,
Tract 505.00; Block 3000, Block 3001, Block 3002, Block 3003, Block
3004, Block 3009, Block 3010, Block 3011, Block 3012, Block 3013, Block
3014, Block 3015, Block 4024, Block 4027, Block 4028, Tract 506.00;
Block 1000, Block 1001, Block 1002, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1998, Block 1999, Tract 509.00; Block 1007, Block 1008, Block
2008.
District 33: King County (Part) - Tracts: 280.00, 284.02, 284.03,
285.00, 287.00, 288.01, 289.01, 289.02, 290.01, 290.03, 290.04, 291.00,
292.03, 292.04, 294.07, King County (Part) - Block Groups Tract 286.00;
Block Group 1, Tract 286.00; Block Group 2, Tract 286.00; Block Group 3,
Tract 286.00; Block Group 4, Tract 286.00; Block Group 6, Tract 288.02;
Block Group 1, Tract 288.02; Block Group 2, Tract 288.02; Block Group 3,
Tract 288.02; Block Group 5, Tract 292.01; Block Group 1, Tract 292.01;
Block Group 2, Tract 292.01; Block Group 3, Tract 292.01; Block Group 5,
Tract 293.05; Block Group 2, Tract 294.03; Block Group 1, Tract 294.08;
Block Group 1, Tract 295.03; Block Group 1, Tract 295.03; Block Group 2,
Tract 295.03; Block Group 3, Tract 297.00; Block Group 1, Tract 297.00;
Block Group 3, Tract 297.00; Block Group 4, Tract 297.00; Block Group 5,
Tract 298.01; Block Group 1, Tract 298.01; Block Group 2, Tract 298.01;
Block Group 3, Tract 298.01; Block Group 4, Tract 298.01; Block Group 5,
Tract 300.03; Block Group 1, Tract 300.03; Block Group 4, Tract 300.03;
Block Group 6, King County (Part) - Blocks: Tract 262.00; Block 1086,
Tract 278.00; Block 2000, Block 3008, Block 3009, Block 4008, Block
4009, Tract 279.00; Block 1000, Block 1014, Block 1015, Block 1033,
Block 1034, Block 2000, Block 2001, Block 2006, Block 2007, Block 2008,
Block 2009, Block 3000, Block 3001, Block 3016, Block 3017, Block 3018,
Tract 281.00; Block 1001, Block 1002, Block 2001, Block 2002, Block
2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block
2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Tract
283.00; Block 1002, Block 1006, Block 1008, Block 1009, Block 1010,
Block 1011, Block 2001, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 3006, Block 3007, Block 3009, Block 3010, Block 3011,
Block 3013, Block 3014, Block 3015, Block 3016, Block 3017, Block 3018,
Block 3020, Block 3021, Block 3022, Block 3023, Block 3024, Block 3025,
Block 3026, Block 3027, Block 3028, Block 3029, Block 3030, Block 3031,
(2004 Ed.)
Chapter 44.07D
Block 3032, Block 3033, Block 3034, Block 3035, Block 3036, Block 3037,
Block 3038, Block 3039, Block 3040, Block 3041, Block 3042, Block 3043,
Block 3044, Block 3045, Block 3046, Block 3047, Block 3048, Block 3049,
Block 3050, Tract 286.00; Block 5000, Block 5004, Block 5006, Block
5007, Block 5010, Block 5011, Block 5012, Block 5013, Block 5014, Block
5015, Block 5016, Block 5017, Block 5020, Block 5021, Block 5022, Block
5999, Tract 288.02; Block 4001, Block 4002, Block 4003, Block 4004,
Block 4005, Block 4006, Block 4007, Block 4008, Block 4009, Block 4010,
Block 4011, Block 4012, Block 4013, Block 4999, Tract 292.01; Block
4004, Block 4005, Block 4006, Block 4007, Block 4008, Block 4009, Block
4010, Block 4011, Block 4012, Block 4013, Block 4014, Block 4015, Block
4016, Block 4017, Block 4018, Block 4019, Block 4020, Block 4021, Block
4022, Block 4023, Block 4024, Block 4025, Block 4026, Block 4027, Block
4028, Block 4029, Block 4030, Block 4031, Block 4032, Block 4033, Block
4034, Block 4035, Block 4036, Block 4037, Block 4038, Block 4039, Block
4040, Block 4041, Block 4042, Block 4043, Block 4044, Block 4045, Block
4046, Block 4047, Block 4048, Block 4049, Block 4050, Block 4051, Block
4052, Block 4053, Block 4054, Block 4055, Block 4056, Block 4057, Block
4058, Block 4059, Block 4060, Block 4061, Block 4062, Block 4063, Block
4064, Block 4065, Block 4066, Block 4067, Block 4068, Block 4069, Block
4070, Block 4071, Block 4072, Block 4073, Block 4074, Block 4075, Block
4076, Block 4077, Block 4078, Block 4079, Block 4080, Block 4081, Block
4082, Block 4083, Block 4084, Block 4085, Block 4086, Block 4087, Block
4088, Block 4089, Block 4090, Block 4091, Block 4092, Block 4093, Block
4094, Block 4095, Block 4096, Block 4097, Block 4098, Block 4099, Tract
293.03; Block 3020, Block 3022, Tract 293.05; Block 1001, Block 1003,
Block 1004, Block 1005, Block 1006, Block 4002, Block 4003, Block 4004,
Block 4005, Block 4006, Tract 294.03; Block 2003, Block 2004, Block
2005, Block 3006, Block 3007, Tract 294.08; Block 2000, Block 2001,
Block 2002, Block 2003, Block 3001, Tract 297.00; Block 2000, Block
2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block
2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block
2013, Block 2014, Block 2015, Block 2018, Block 2027, Block 2028, Tract
298.01; Block 6000, Block 6001, Block 6002, Block 6003, Block 6004,
Block 6005, Block 6006, Block 6007, Block 6008, Block 6009, Block 6010,
Block 6011, Block 6012, Block 6013, Block 6014, Block 6015, Block 6016,
Block 6017, Block 6018, Block 6019, Block 6022, Block 6023, Block 6024,
Block 6025, Block 6026, Block 6998, Block 6999, Tract 300.03; Block
2013, Block 2014, Block 2015, Block 3000, Block 3001, Block 3002, Block
3003, Block 3004, Block 3005, Tract 305.03; Block 3000, Block 3001.
District 34: King County (Part) - Tracts: 96.00, 97.01, 97.02, 98.00,
99.00, 105.00, 106.00, 107.00, 108.00, 113.00, 114.00, 115.00, 116.00,
120.00, 121.00, 265.00, 266.00, 267.00, 276.00, 277.01, 277.02, King
County (Part) - Block Groups Tract 268.01; Block Group 3, Tract 268.01;
Block Group 4, Tract 268.01; Block Group 5, Tract 268.02; Block Group 1,
Tract 268.02; Block Group 5, Tract 278.00; Block Group 1, Tract 279.00;
Block Group 4, Tract 279.00; Block Group 5, Tract 279.00; Block Group 6,
King County (Part) - Blocks: Tract 112.00; Block 1018, Block 2007, Block
2008, Block 2009, Block 2010, Block 2011, Block 2012, Tract 264.00;
Block 4008, Tract 268.02; Block 2001, Block 2002, Block 4000, Block
4001, Block 4002, Block 4003, Block 4004, Tract 269.00; Block 2006,
Block 2007, Tract 275.00; Block 3005, Block 3006, Block 3007, Block
3008, Block 3009, Block 3010, Block 4003, Block 4004, Block 4006, Block
4008, Block 4009, Block 4010, Block 4011, Block 4014, Block 5002, Block
5003, Block 5005, Block 5006, Block 5007, Block 5008, Block 5011, Tract
278.00; Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2999,
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 4000, Block 4001, Block 4002, Block 4003,
Block 4004, Block 4005, Block 4006, Block 4007, Block 4010, Tract
279.00; Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1032, Block 2002, Block 2003, Block 2004, Block 2005, Block 2010,
Block 2011, Block 2012, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Tract 286.00; Block
5001, Block 5002, Block 5003, Block 5005, Block 5008, Block 5009, Block
5018, Block 5019.
District 35: Grays Harbor County (Part) - Tract 6.00, Grays Harbor
County (Part) - Block Groups Tract 5.00; Block Group 1, Tract 5.00; Block
Group 2, Tract 5.00; Block Group 3, Tract 5.00; Block Group 5, Grays Harbor County (Part) - Blocks: Tract 5.00; Block 4000, Block 4001, Block 4002,
[Title 44 RCW—page 27]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Block 4003, Block 4004, Block 4005, Block 4006, Block 4007, Block 4008,
Block 4009, Block 4010, Block 4011, Block 4012, Block 4013, Block 4014,
Block 4015, Block 4016, Block 4017, Block 4018, Block 4019, Block 4020,
Block 4021, Block 4022, Block 4023, Block 4024, Block 4025, Block 4026,
Block 4027, Block 4028, Block 4029, Block 4030, Block 4031, Block 4032,
Block 4033, Block 4034, Block 4035, Block 4036, Block 4037, Block 4038,
Block 4039, Block 4040, Block 4041, Block 4042, Block 4043, Block 4044,
Block 4045, Block 4046, Block 4047, Block 4048, Block 4049, Block 4050,
Block 4051, Block 4052, Block 4053, Block 4054, Block 4055, Block 4056,
Block 4057, Block 4058, Block 4059, Block 4060, Block 4061, Block 4062,
Block 4063, Block 4064, Block 4065, Block 4066, Block 4069, Block 4070,
Block 4071, Block 4072, Block 4084, Block 4085, Block 4086, Block 4087,
Block 4088, Block 4089, Block 4090, Block 4091, Block 4092, Block 4093,
Tract 7.00; Block 1000, Block 1001, Block 1002, Block 1058, Block 1059,
Block 1060, Block 1279, Block 1280, Block 1998, Block 1999, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block 2030,
Block 2031, Block 2032, Block 2033, Block 2034, Block 2035, Block 2036,
Block 2037, Block 2038, Block 2039, Block 2040, Block 2041, Block 2042,
Block 2043, Block 2044, Block 2045, Block 2046, Block 2047, Block 2048,
Block 2049, Block 2050, Block 2051, Block 2052, Block 2053, Block 2054,
Block 2055, Block 2056, Block 2057, Block 2058, Block 2059, Block 2060,
Block 2061, Block 2062, Block 2063, Block 2064, Block 2065, Block 2066,
Block 2067, Block 2068, Block 2069, Block 2070, Block 2071, Block 2072,
Block 2073, Block 2074, Block 2075, Block 2076, Block 2077, Block 2078,
Block 2079, Block 2080, Block 2081, Block 2082, Block 2083, Block 2084,
Block 2085, Block 2086, Block 2087, Block 2088, Block 2089, Block 2090,
Block 2091, Block 2092, Block 2093, Block 2094, Block 2095, Block 2096,
Block 2097, Block 2098, Block 2099, Block 2100, Block 2101, Block 2102,
Block 2103, Block 2104, Block 2105, Block 2106, Block 2107, Block 2108,
Block 2109, Block 2110, Block 2111, Block 2112, Block 2113, Block 2114,
Block 2115, Block 2116, Block 2117, Block 2118, Block 2119, Block 2120,
Block 2121, Block 2122, Block 2123, Block 2124, Block 2125, Block 2126,
Block 2127, Block 2128, Block 2129, Block 2130, Block 2131, Block 2132,
Block 2133, Block 2134, Block 2135, Block 2136, Block 2137, Block 2138,
Block 2139, Block 2140, Block 2141, Block 2142, Block 2143, Block 2144,
Block 2145, Block 2150, Block 2151, Block 2152, Block 2153, Block 2154,
Block 2155, Block 2156, Block 2159, Block 2161, Block 2162, Block 2163,
Block 2164, Block 2165, Block 2166, Block 2167, Block 2168, Block 2169,
Block 2170, Block 2171, Block 2172, Block 2173, Block 2993, Block 2994,
Block 2995, Block 2996, Block 2997, Block 2998, Block 2999, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012,
Block 3013, Block 3014, Block 3015, Block 3016, Block 3017, Block 3018,
Block 3019, Block 3020, Block 3021, Block 3022, Block 3026, Block 3027,
Block 3028, Block 3029, Block 3030, Block 3031, Block 3035, Block 3036,
Block 3037, Block 3038, Block 3039, Block 3040, Block 3041, Block 3042,
Block 3043, Block 3044, Block 3045, Block 3046, Block 3047, Block 3048,
Block 3049, Block 3050, Block 3051, Block 3052, Block 3053, Block 3054,
Block 3055, Block 3056, Block 3057, Block 3058, Block 3059, Block 3060,
Block 3061, Block 3062, Block 3063, Block 3064, Block 3065, Block 3066,
Block 3067, Block 3068, Block 3069, Block 3070, Block 3071, Block 3072,
Block 3073, Block 3074, Block 3075, Block 3076, Block 3077, Block 3078,
Block 3079, Block 3080, Block 3081, Block 3082, Block 3083, Block 3084,
Block 3085, Block 3086, Block 3087, Block 3088, Block 3089, Block 3090,
Block 3091, Block 3092, Block 3093, Block 3094, Block 3095, Block 3096,
Block 3097, Block 3098, Block 3099, Block 3100, Block 3101, Block 3102,
Block 3103, Block 3104, Block 3105, Block 3106, Block 3107, Block 3108,
Block 3109, Block 3110, Block 3111, Block 3112, Block 3113, Block 3114,
Block 3115, Block 3116, Block 3117, Block 3118, Block 3119, Block 3120,
Block 3121, Block 3122, Block 3123, Block 3124, Block 3125, Block 3126,
Block 3127, Block 3128, Block 3129, Block 3130, Block 3131, Block 3132,
Block 3133, Block 3134, Block 3135, Block 3136, Block 3137, Block 3138,
Block 3139, Block 3140, Block 3141, Block 3142, Block 3143, Block 3144,
Block 3145, Block 3146, Block 3147, Block 3148, Block 3149, Block 3150,
Block 3151, Block 3152, Block 3153, Block 3154, Block 3155, Block 3156,
Block 3157, Block 3158, Block 3159, Block 3160, Block 3161, Block 3162,
Block 3163, Block 3164, Block 3165, Block 3166, Block 3167, Block 3168,
Block 3169, Block 3170, Block 3171, Block 3172, Block 3173, Block 3174,
Block 3175, Block 3176, Block 3177, Block 3178, Block 3179, Block 3180,
Block 3181, Block 3182, Block 3183, Block 3184, Block 3185, Block 3186,
Block 3187, Block 3188, Block 3189, Block 3190, Block 3191, Block 3192,
Block 3193, Block 3194, Block 3195, Block 3196, Block 3197, Block 3198,
[Title 44 RCW—page 28]
Block 3199, Block 3991, Block 3992, Block 3993, Block 3994, Block 3995,
Block 3996, Block 3997, Block 3998, Block 3999, Kitsap County (Part) Tracts: 807.00, 808.00, 913.01, 914.00, 920.00, 929.01, Kitsap County (Part)
- Block Groups Tract 801.01; Block Group 1, Tract 801.02; Block Group 2,
Tract 801.02; Block Group 3, Tract 806.00; Block Group 1, Tract 806.00;
Block Group 2, Tract 809.00; Block Group 2, Tract 913.02; Block Group 4,
Tract 913.02; Block Group 5, Kitsap County (Part) - Blocks: Tract 802.00;
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 1033, Tract 803.00; Block
1000, Block 1001, Block 1003, Block 1004, Block 1006, Block 1007, Block
1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block
1014, Block 1015, Block 1016, Block 1017, Block 2001, Block 2002, Block
2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2999, Tract
806.00; Block 3003, Block 3004, Block 3005, Block 3006, Block 3007,
Block 3008, Block 4000, Block 4001, Block 4002, Block 4003, Block 4999,
Block 5000, Block 5001, Block 5002, Block 5999, Tract 809.00; Block
1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block
1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block
1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block
1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block
1030, Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block
1036, Block 1037, Block 1038, Block 1039, Block 1040, Block 1043, Block
1044, Block 1045, Block 1046, Block 1047, Block 1048, Block 1049, Block
1050, Tract 810.00; Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2015, Block 3001, Block 3009, Block 3010,
Tract 913.02; Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1998, Block 3000, Block 3001, Block 3002, Block 3003, Block
3004, Tract 921.00; Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1032, Block 1033, Block 1034, Block 1035, Block 1036, Block 1037,
Block 1038, Block 1039, Block 1040, Block 1041, Block 1042, Block 1043,
Block 1044, Block 1045, Block 1046, Block 1047, Block 1048, Block 1049,
Block 1050, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3020, Block 3021, Block 3022, Block 3023,
Block 3024, Block 3025, Block 3026, Block 3027, Block 3028, Block 3029,
Block 3034, Block 3035, Block 3036, Block 3037, Block 3038, Block 3039,
Block 3040, Block 3041, Block 3042, Block 3043, Block 3044, Block 3045,
Block 3046, Block 3047, Block 3048, Block 3049, Block 3050, Block 3051,
Block 3052, Block 3053, Block 3054, Block 3055, Block 3056, Block 3057,
Block 3058, Block 3059, Block 3060, Block 3061, Block 3062, Block 3063,
Block 3064, Block 3065, Block 3066, Block 3067, Block 3068, Block 3069,
Block 3070, Block 3071, Block 3072, Block 3073, Block 3074, Block 3075,
Block 3076, Block 3077, Block 3078, Block 3079, Block 3080, Block 3081,
Block 3082, Block 3083, Tract 929.02; Block 1005, Block 1006, Block
4003, Block 4004, Block 4005, Mason County, Thurston County (Part) Tracts: 119.00, Thurston County (Part) -Blocks: Tract 109.00; Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 3034,
Block 3035, Block 3036, Tract 110.00; Block 1014, Block 1016, Block
1017, Block 1018, Block 1019, Block 1023, Block 1024, Block 1026, Block
1027, Block 1998, Block 2000, Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block
2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block
2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2023, Block
2024, Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block
2030, Block 2031, Block 2032, Block 2033, Block 2034, Block 2035, Block
2036, Block 2037, Block 2038, Block 2039, Block 2040, Block 2041, Block
2998, Block 2999, Tract 118.10; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026,
Block 1027, Block 1028, Block 1029, Block 1030, Block 1031, Block 1032,
Block 1033, Block 1034, Block 1035, Block 1036, Block 1037, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1042, Block 1043, Block 1044,
Block 1045, Block 1046, Block 1047, Block 1048, Block 1049, Block 1050,
Block 1051, Block 1052, Block 1053, Block 1054, Block 1055, Block 1056,
Block 1057, Block 1058, Block 1059, Block 1060, Block 1061, Block 1062,
Block 1063, Block 1064, Block 1065, Block 1066, Block 1067, Block 1068,
Block 1069, Block 1070, Block 1071, Block 1072, Block 1073, Block 1074,
(2004 Ed.)
Legislative Districts and Apportionment
Block 1075, Block 1076, Block 1077, Block 1078, Block 1079, Block 1080,
Block 1081, Block 1082, Block 1083, Block 1084, Block 1085, Block 1086,
Block 1087, Block 1088, Block 1089, Block 1090, Block 1091, Block 1092,
Block 1093, Block 1094, Block 1095, Block 1096, Block 1097, Block 1098,
Block 1099, Block 1100, Block 1119, Block 1121, Block 1122, Block 1123,
Block 1124, Tract 118.20; Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 2003.
District 36: King County (Part) - Tracts: 15.00, 16.00, 29.00, 30.00,
31.00, 32.00, 33.00, 34.00, 47.00, 56.00, 57.00, 58.01, 58.02, 59.00, 60.00,
67.00, 68.00, 69.00, 70.00, 71.00, 72.00, King County (Part) - Block Groups
Tract 14.00; Block Group 3, Tract 14.00; Block Group 4, Tract 14.00; Block
Group 5, Tract 17.00; Block Group 4, Tract 17.00; Block Group 5, Tract
17.00; Block Group 6, Tract 17.00; Block Group 7, Tract 35.00; Block
Group 1, Tract 35.00; Block Group 2, Tract 35.00; Block Group 4, Tract
35.00; Block Group 5, Tract 48.00; Block Group 3, Tract 48.00; Block
Group 4, Tract 80.01; Block Group 1, Tract 80.01; Block Group 2, Tract
80.02; Block Group 2, King County (Part) - Blocks: Tract 5.00; Block 1999,
Tract 14.00; Block 2005, Block 2006, Block 2007, Block 6007, Block 6008,
Block 6009, Block 6010, Block 6011, Block 6012, Tract 17.00; Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Tract 35.00; Block 3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Tract 48.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1015,
Block 1016, Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Tract 80.01; Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012,
Block 3013, Block 3014, Block 3015, Block 3016, Block 3017, Block 3018,
Block 3019, Block 3020, Block 3021, Block 3022, Block 3024, Block 3025,
Block 3997, Block 3998, Tract 80.02; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004.
District 37: King County (Part) - Tracts: 88.00, 89.00, 90.00, 91.00,
94.00, 95.00, 101.00, 102.00, 103.00, 111.01, 111.02, 118.00, 260.01, King
County (Part) - Block Groups Tract 77.00; Block Group 1, Tract 77.00;
Block Group 2, Tract 77.00; Block Group 3, Tract 78.00; Block Group 2,
Tract 78.00; Block Group 3, Tract 78.00; Block Group 4, Tract 78.00; Block
Group 5, Tract 78.00; Block Group 6, Tract 78.00; Block Group 7, Tract
79.00; Block Group 1, Tract 85.00; Block Group 3, Tract 86.00; Block
Group 3, Tract 87.00; Block Group 1, Tract 87.00; Block Group 2, Tract
87.00; Block Group 4, Tract 92.00; Block Group 1, Tract 93.00; Block
Group 1, Tract 100.00; Block Group 1, Tract 100.00; Block Group 2, Tract
100.00; Block Group 6, Tract 104.00; Block Group 1, Tract 117.00; Block
Group 1, Tract 117.00; Block Group 4, Tract 119.00; Block Group 1, Tract
119.00; Block Group 2, Tract 119.00; Block Group 3, Tract 119.00; Block
Group 5, Tract 119.00; Block Group 6, Tract 253.00; Block Group 6, Tract
260.02; Block Group 2, Tract 260.02; Block Group 3, Tract 260.02; Block
Group 4, Tract 260.02; Block Group 5, Tract 261.00; Block Group 2, Tract
261.00; Block Group 3, Tract 261.00; Block Group 6, King County (Part) Blocks: Tract 63.00; Block 4005, Tract 77.00; Block 4000, Block 4001,
Block 4002, Block 4003, Block 4009, Block 4010, Block 4011, Block 4012,
Block 4013, Block 4014, Block 4015, Block 4016, Block 5012, Block 5013,
Block 5014, Block 5015, Block 5016, Block 5017, Tract 78.00; Block 1001,
Block 1002, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1998, Tract 79.00; Block 2000, Block 2001, Block 2004,
Block 2005, Block 2007, Block 2008, Block 2009, Tract 81.00; Block 1047,
Block 1048, Block 1049, Block 1050, Block 1051, Block 1053, Block 1054,
Block 1055, Block 2035, Block 2036, Block 2037, Block 2038, Block 2039,
Block 2040, Block 2041, Block 2042, Tract 85.00; Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Tract 86.00;
Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Tract 87.00;
Block 3000, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Tract 92.00; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
(2004 Ed.)
Chapter 44.07D
Block 2022, Block 2023, Block 2024, Block 2025, Block 2998, Block 2999,
Tract 93.00; Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022,
Block 2023, Block 2024, Block 2025, Block 2026, Block 2027, Block 2028,
Block 2029, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2035, Block 2036, Block 2037, Block 2038, Block 2039, Block 2040,
Block 2041, Block 2042, Block 2997, Block 2998, Block 2999, Tract
100.00; Block 3000, Block 4000, Block 4001, Block 4002, Block 4003,
Block 4004, Block 4005, Block 4006, Block 4007, Block 4008, Block 4009,
Block 4010, Block 4011, Block 5000, Block 5001, Block 5002, Block 5003,
Block 5004, Block 5005, Block 5006, Block 5007, Block 5008, Block 5009,
Block 5010, Block 5011, Block 5012, Block 5013, Block 5014, Block 5015,
Block 5016, Block 5018, Block 5019, Block 7000, Block 7001, Block 7002,
Block 7003, Block 7004, Block 7005, Block 7013, Block 7014, Block 7015,
Block 7016, Block 7021, Block 7022, Block 7023, Block 7024, Tract
104.00; Block 2000, Block 2001, Block 2002, Block 2004, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 8000,
Block 8001, Block 8002, Block 8003, Block 8004, Block 8005, Block 8006,
Block 8007, Block 8008, Block 8009, Block 8010, Tract 110.00; Block
1000, Block 1001, Block 1002, Block 1003, Block 1007, Block 1008, Block
1009, Block 1010, Block 1011, Block 2000, Block 2001, Block 2002, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block
2010, Block 5012, Tract 117.00; Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022,
Block 3004, Block 3005, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Tract 119.00; Block 4000, Block
4001, Block 4002, Block 4003, Block 4004, Block 4005, Block 4006, Block
4007, Block 4008, Block 4009, Block 4010, Block 4013, Block 4014, Block
4015, Block 4016, Block 4017, Tract 253.00; Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022,
Block 3023, Block 3024, Block 3025, Block 3026, Block 3027, Block 3028,
Block 3029, Block 3030, Block 3031, Block 3032, Block 3033, Block 3034,
Block 3035, Block 3036, Block 3037, Block 3038, Block 3039, Block 3040,
Block 3041, Block 3042, Block 3043, Block 3044, Block 3045, Block 3046,
Block 3047, Block 3048, Block 3049, Block 3050, Block 3051, Block 3052,
Block 3053, Block 3054, Block 3055, Block 3056, Block 3057, Block 5000,
Block 5001, Block 5002, Block 5003, Block 5004, Block 5005, Block 5006,
Block 5007, Block 5008, Block 5009, Block 5010, Block 5011, Block 5012,
Block 5013, Block 5014, Block 5015, Block 5016, Block 5017, Block 5018,
Block 5019, Block 5020, Block 5021, Block 5025, Block 5997, Block 5998,
Block 5999, Tract 260.02; Block 1000, Block 1001, Block 1002, Block
1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block
1009, Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block
1015, Block 1016, Block 1017, Block 1021, Block 1022, Block 1023, Block
1024, Block 1025, Block 1026, Block 1030, Tract 261.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 4000, Block 4001, Block 4002, Block 4003,
Block 4004, Block 4005, Block 4006, Block 4007, Block 5000, Block 5001,
Block 5002, Block 5009, Tract 263.00; Block 1000, Block 1001, Block
1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block
1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013, Block
1014, Block 1015, Block 1016, Block 1018, Block 1019.
District 38: Snohomish County (Part) - Tracts: 401.00, 402.00,
403.00, 404.00, 405.00, 406.00, 407.00, 408.00, 409.00, 410.00, 411.00,
412.01, 412.02, 413.02, 419.03, 419.04, 529.03, 530.01, 530.02, Snohomish
County (Part) - Block Groups Tract 414.00; Block Group 1, Tract 414.00;
Block Group 2, Tract 414.00; Block Group 4, Tract 414.00; Block Group 5,
Tract 415.00; Block Group 1, Tract 418.05; Block Group 1, Tract 418.05;
Block Group 3, Tract 418.05; Block Group 4, Tract 418.06; Block Group 4,
Tract 418.06; Block Group 5, Tract 418.06; Block Group 6, Tract 418.08;
Block Group 2, Tract 419.05; Block Group 1, Tract 419.05; Block Group 3,
Tract 527.04; Block Group 2, Tract 528.04; Block Group 4, Tract 528.06;
Block Group 2, Tract 528.06; Block Group 3, Tract 529.01; Block Group 3,
Tract 529.01; Block Group 4, Tract 529.04; Block Group 5, Snohomish
County (Part) - Blocks: Tract 413.01; Block 3998, Block 3999, Block 4998,
Tract 414.00; Block 3000, Block 3001, Block 3002, Block 3003, Block
3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block
3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block
3016, Block 3017, Block 3018, Block 3019, Block 3020, Block 3022, Block
[Title 44 RCW—page 29]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
3023, Tract 415.00; Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Tract 416.01; Block
2026, Tract 418.05; Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Tract 418.06; Block 1000, Block
1001, Block 1002, Block 1003, Block 1005, Block 1010, Block 2000, Block
2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block
3002, Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block
3008, Tract 418.08; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 3007, Block 3008, Tract 419.01; Block
1000, Block 1002, Block 1014, Block 1015, Block 2003, Block 2004, Tract
419.05; Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 4000, Block 4001, Tract 521.04; Block 1000, Block
1001, Block 1002, Block 1011, Block 1012, Block 1013, Block 1014, Block
1015, Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block
1021, Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block
1027, Block 1988, Block 1989, Block 1990, Block 1991, Block 1992, Block
1993, Block 1994, Block 1995, Block 1996, Block 1997, Block 1998, Block
1999, Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block
2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block
2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block
2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block
2023, Block 2024, Block 2025, Block 2026, Block 2027, Block 2072, Block
2073, Block 2074, Block 2075, Block 2076, Block 2077, Block 2078, Block
2079, Block 2080, Block 2081, Block 2082, Block 2083, Block 2084, Block
2085, Block 2086, Block 2969, Block 2970, Block 2971, Block 2972, Block
2973, Block 2988, Block 2989, Block 2990, Block 2991, Block 2992, Block
2993, Block 2994, Block 2995, Block 2996, Block 2997, Block 2998, Block
2999, Tract 527.04; Block 1001, Block 1002, Block 1003, Tract 528.03;
Block 2008, Block 2009, Block 2010, Block 2011, Block 2013, Block 2014,
Block 3010, Tract 528.04; Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block
1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block
1016, Block 1018, Block 2007, Block 2008, Block 2009, Block 3001, Block
3002, Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block
3008, Block 3009, Block 3010, Tract 528.05; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2011, Block 3004, Tract 528.06; Block 1001, Tract 529.01; Block
1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1007, Block
2000, Block 2001, Block 2003, Block 2004, Block 2005, Block 2006, Block
2007, Block 2008, Block 2009, Block 2010, Block 5000, Block 5001, Block
5008, Block 5009, Block 5010, Block 5011, Block 5012, Tract 529.04;
Block 1001, Block 1002, Block 1003, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2008, Block 4002, Block 4003,
Block 4004, Block 4005, Block 4006, Block 4007, Block 4008, Block 4009.
District 39: King County (Part) - Blocks: Tract 328.00; Block 2073,
Block 2074, Block 2075, Block 2076, Block 2077, Block 2078, Block 2996,
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3020, Block 3021, Block 3022, Block 3023,
Block 3024, Block 3025, Block 3026, Block 3027, Block 3028, Block 3029,
Block 3030, Block 3031, Block 3032, Block 3033, Block 3034, Block 3035,
Block 3036, Block 3037, Block 3038, Block 3039, Block 3040, Block 3041,
Block 3042, Block 3043, Block 3044, Block 3045, Block 3046, Block 3047,
Block 3048, Block 3049, Block 3050, Block 3051, Block 3052, Block 3053,
Block 3054, Block 3055, Block 3056, Block 3057, Block 3058, Block 3059,
Block 3060, Block 3061, Block 3062, Block 3063, Block 3064, Block 3065,
Block 3066, Block 3067, Block 3068, Block 3069, Block 3070, Block 3071,
Block 3072, Block 3073, Block 3074, Block 3075, Block 3076, Block 3077,
Block 3078, Block 3079, Block 3080, Block 3081, Block 3082, Block 3083,
Block 3084, Block 3085, Block 3086, Block 3087, Block 3088, Block 3089,
Block 3090, Block 3091, Block 3154, Block 3155, Block 3156, Block 3157,
Block 3158, Block 3159, Block 3160, Block 3212, Block 3213, Block 3214,
Block 3215, Block 3216, Block 3217, Block 3218, Block 3219, Block 3220,
Block 3221, Block 3222, Block 3223, Block 3224, Block 3225, Block 3226,
Block 3227, Block 3228, Block 3229, Block 3230, Block 3231, Block 3232,
Block 3233, Block 3234, Block 3235, Block 3236, Block 3237, Block 3238,
Block 3239, Block 3240, Block 3241, Block 3242, Block 3243, Block 3244,
Block 3245, Block 3246, Block 3247, Block 3248, Block 3249, Block 3250,
Block 3251, Block 3252, Block 3253, Block 3254, Block 3255, Block 3256,
Block 3257, Block 3258, Block 3259, Block 3260, Block 3261, Block 3262,
Block 3263, Block 3264, Block 3265, Block 3266, Block 3267, Block 3268,
[Title 44 RCW—page 30]
Block 3269, Block 3270, Block 3271, Block 3272, Block 3273, Block 3274,
Block 3275, Block 3276, Block 3277, Block 3278, Block 3279, Block 3280,
Block 3281, Block 3282, Block 3283, Block 3284, Block 3285, Block 3286,
Block 3287, Block 3288, Block 3289, Block 3290, Block 3291, Block 3292,
Block 3293, Block 3294, Block 3295, Block 3296, Block 3297, Block 3298,
Block 3299, Block 3300, Block 3301, Block 3302, Block 3303, Block 3304,
Block 3305, Block 3306, Block 3307, Block 3308, Block 3309, Block 3310,
Block 3311, Block 3312, Block 3313, Block 3314, Block 3315, Block 3316,
Block 3317, Block 3318, Block 3319, Block 3320, Block 3321, Block 3322,
Block 3323, Block 3324, Block 3325, Block 3326, Block 3327, Block 3328,
Block 3329, Block 3330, Block 3331, Block 3332, Block 3333, Block 3334,
Block 3335, Block 3336, Block 3337, Block 3338, Block 3339, Block 3340,
Block 3341, Block 3342, Block 3343, Block 3344, Block 3345, Block 3346,
Block 3347, Block 3348, Block 3349, Block 3350, Block 3351, Block 3352,
Block 3353, Block 3354, Block 3355, Block 3356, Block 3357, Block 3358,
Block 3359, Block 3360, Block 3361, Block 3362, Block 3363, Block 3364,
Block 3365, Block 3366, Block 3367, Block 3368, Block 3369, Block 3370,
Block 3371, Block 3372, Block 3373, Block 3374, Block 3375, Block 3376,
Block 3377, Block 3378, Block 3379, Block 3380, Block 3381, Block 3382,
Block 3383, Block 3384, Block 3385, Block 3386, Block 3387, Block 3388,
Block 3991, Block 3992, Block 3993, Block 3994, Block 3997, Block 3998,
Block 3999, Skagit County (Part) - Tracts: 9510.00, 9511.00, 9513.00,
Skagit County (Part) - Block Groups Tract 9509.00; Block Group 2, Tract
9514.00; Block Group 2, Tract 9514.00; Block Group 3, Tract 9514.00;
Block Group 4, Tract 9515.00; Block Group 3, Tract 9515.00; Block Group
4, Tract 9515.00; Block Group 5, Skagit County (Part) -Blocks: Tract
9512.00; Block 1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1029, Block 1030, Block 1031, Block 1032, Block 1033, Block 1034,
Block 1035, Block 1036, Block 1037, Block 1038, Block 1039, Block 1040,
Block 1041, Block 1042, Block 1043, Block 1044, Block 1045, Block 1046,
Block 1047, Block 1048, Block 1049, Block 1050, Block 1051, Block 1052,
Block 1053, Block 1054, Block 1055, Block 1056, Block 1057, Block 1058,
Block 1059, Block 1060, Block 1061, Block 1062, Block 1063, Block 1064,
Block 1065, Block 1066, Block 1067, Block 1068, Block 1069, Block 1070,
Block 1071, Block 1072, Block 1073, Block 1074, Block 1075, Block 1076,
Block 1077, Block 1078, Block 1079, Block 1080, Block 1081, Block 1082,
Block 1083, Block 1084, Block 1085, Block 1086, Block 1087, Block 1088,
Block 1089, Block 1090, Block 1091, Block 1092, Block 1093, Block 1094,
Block 1095, Block 1096, Block 1097, Block 1098, Block 1099, Block 1100,
Block 1101, Block 1102, Block 1103, Block 1104, Block 1105, Block 1106,
Block 1107, Block 1108, Block 1109, Block 1110, Block 1111, Block 1112,
Block 1113, Block 1114, Block 1115, Block 1116, Block 1117, Block 1118,
Block 1119, Block 1120, Block 1121, Block 1122, Block 1123, Block 1124,
Block 1125, Block 1126, Block 1127, Block 1128, Block 1129, Block 1130,
Block 1131, Block 1132, Block 1133, Block 1134, Block 1135, Block 1136,
Block 1137, Block 1138, Block 1139, Block 1140, Block 1141, Block 1142,
Block 1143, Block 1144, Block 1145, Block 1146, Block 1147, Block 1148,
Block 1149, Block 1150, Block 1151, Block 1152, Block 1153, Block 1154,
Block 1155, Block 1156, Block 1157, Block 1158, Block 1159, Block 1160,
Block 1161, Block 1162, Block 1163, Block 1164, Block 1165, Block 1166,
Block 1167, Block 1168, Block 1169, Block 1170, Block 1171, Block 1172,
Block 1173, Block 1174, Block 1175, Block 1176, Block 1177, Block 1178,
Block 1179, Block 1180, Block 1181, Block 1182, Block 1183, Block 1184,
Block 1185, Block 1186, Block 1187, Block 1188, Block 1189, Block 1190,
Block 1191, Block 1192, Block 1193, Block 1194, Block 1195, Block 1196,
Block 1197, Block 1198, Block 1199, Block 1200, Block 1201, Block 1202,
Block 1203, Block 1204, Block 1205, Block 1206, Block 1207, Block 1208,
Block 1209, Block 1210, Block 1211, Block 1212, Block 1213, Block 1214,
Block 1215, Block 1216, Block 1217, Block 1218, Block 1219, Block 1220,
Block 1221, Block 1222, Block 1223, Block 1224, Block 1225, Block 1226,
Block 1227, Block 1228, Block 1229, Block 1230, Block 1231, Block 1232,
Block 1233, Block 1234, Block 1235, Block 1236, Block 1237, Block 1238,
Block 1239, Block 1240, Block 1241, Block 1242, Block 1243, Block 1244,
Block 1245, Block 1246, Block 1247, Block 1248, Block 1249, Block 1250,
Block 1251, Block 1252, Block 1253, Block 1254, Block 1255, Block 1256,
Block 1257, Block 1258, Block 1259, Block 1260, Block 1261, Block 1262,
Block 1263, Block 1264, Block 1265, Block 1266, Block 1267, Block 1268,
Block 1269, Block 1270, Block 1271, Block 1272, Block 1273, Block 1274,
Block 1275, Block 1276, Block 1277, Block 1278, Block 1279, Block 1280,
Block 1281, Block 1282, Block 1283, Block 1284, Block 1285, Block 1286,
Block 1287, Block 1288, Block 1289, Block 1290, Block 1291, Block 1292,
Block 1293, Block 1294, Block 1295, Block 1296, Block 1297, Block 1298,
(2004 Ed.)
Legislative Districts and Apportionment
Block 1299, Block 1300, Block 1301, Block 1302, Block 1303, Block 1304,
Block 1305, Block 1306, Block 1307, Block 1308, Block 1309, Block 1310,
Block 1311, Block 1312, Block 1313, Block 1314, Block 1315, Block 1316,
Block 1317, Block 1318, Block 1319, Block 1320, Block 1321, Block 1322,
Block 1323, Block 1324, Block 1325, Block 1326, Block 1327, Block 1328,
Block 1329, Block 1330, Block 1331, Block 1332, Block 1333, Block 1334,
Block 1335, Block 1336, Block 1337, Block 1338, Block 1339, Block 1340,
Block 1341, Block 1342, Block 1343, Block 1344, Block 1345, Block 1346,
Block 1347, Block 1350, Block 1351, Block 1352, Block 1353, Block 1354,
Block 1355, Block 1356, Block 1357, Block 1358, Block 1359, Block 1360,
Block 1361, Block 1362, Block 1363, Block 1364, Block 1365, Block 1366,
Block 1367, Block 1368, Block 1369, Block 1370, Block 1371, Block 1372,
Block 1373, Block 1374, Block 1375, Block 1376, Block 1377, Block 1378,
Block 1379, Block 1380, Block 1381, Block 1382, Block 1383, Block 1384,
Block 1385, Block 1386, Block 1387, Block 1388, Block 1389, Block 1390,
Block 1391, Block 1392, Block 1393, Block 1394, Block 1395, Block 1396,
Block 1397, Block 1398, Block 1399, Block 1400, Block 1401, Block 1402,
Block 1403, Block 1404, Block 1405, Block 1406, Block 1407, Block 1408,
Block 1409, Block 1410, Block 1411, Block 1412, Block 1413, Block 1414,
Block 1415, Block 1416, Block 1417, Block 1418, Block 1994, Block 1995,
Block 1996, Block 1997, Block 1998, Block 1999, Tract 9514.00; Block
1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block
1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block
1018, Block 1019, Block 1020, Block 1024, Block 1025, Block 1026, Block
1998, Block 1999, Tract 9515.00; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1009, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Tract 9523.00; Block 4000, Block 4001, Block
4002, Block 4012, Block 4013, Block 4014, Block 4015, Block 4019, Block
4031, Block 4033, Block 4994, Block 4995, Block 4996, Tract 9524.00;
Block 4000, Block 4001, Snohomish County (Part) - Tracts: 522.03, 522.04,
522.05, 522.06, 522.07, 527.01, 535.04, 535.05, 535.06, 536.02, 537.00,
538.01, 538.02, 538.03, Snohomish County (Part) - Block Groups Tract
521.05; Block Group 2, Tract 521.13; Block Group 1, Tract 523.01; Block
Group 2, Tract 527.04; Block Group 5, Tract 528.05; Block Group 1, Tract
528.05; Block Group 4, Tract 528.06; Block Group 4, Tract 534.00; Block
Group 3, Tract 534.00; Block Group 4, Tract 535.03; Block Group 1, Tract
535.03; Block Group 2, Tract 535.03; Block Group 3, Tract 535.03; Block
Group 5, Tract 535.03; Block Group 7, Tract 536.01; Block Group 1, Tract
536.01; Block Group 2, Tract 536.01; Block Group 3, Tract 536.01; Block
Group 4, Tract 536.01; Block Group 5, Snohomish County (Part) - Blocks:
Tract 521.05; Block 1000, Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1036, Block 1998, Tract 521.08; Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3024, Tract
521.12; Block 4000, Tract 521.13; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2999, Tract 523.01; Block 4000, Block 4001, Block 4002, Block
4003, Block 4004, Block 4005, Block 4006, Block 4021, Block 4022, Block
4023, Block 4024, Block 4025, Tract 523.02; Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 3000, Block 3004, Block 3005, Block 3006, Block 3007,
Block 3008, Block 3009, Block 3010, Block 3011, Block 3012, Block 3013,
Block 3014, Block 3015, Tract 526.06; Block 4000, Tract 528.03; Block
1000, Block 1001, Block 1002, Block 1003, Block 1021, Block 1022, Block
4007, Block 4008, Block 4009, Tract 528.04; Block 1000, Block 1017,
Block 1019, Block 1020, Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018,
Tract 528.05; Block 2008, Block 2009, Block 2010, Block 2012, Block
2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block
2019, Block 2020, Block 2021, Block 2022, Block 2023, Block 2024, Block
2025, Block 2026, Block 2027, Block 3000, Block 3001, Block 3002, Block
3003, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block
3010, Block 3011, Block 3012, Block 3013, Block 3014, Block 3015, Block
3016, Block 3017, Tract 528.06; Block 1000, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Tract 529.01; Block
1005, Block 1006, Block 2002, Block 5002, Block 5003, Block 5004, Block
5005, Block 5006, Block 5007, Tract 534.00; Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 2021,
(2004 Ed.)
Chapter 44.07D
Block 2022, Block 2024, Block 2025, Block 2028, Block 2029, Tract
535.03; Block 4000, Block 4001, Block 4002, Block 4003, Block 4004,
Block 4005, Block 4006, Block 4007, Block 4008, Block 4009, Block 4010,
Block 4011, Block 4012, Block 4013, Block 4014, Block 4015, Block 4016,
Block 4017, Block 4018, Block 4019, Block 4020, Block 4021, Block 4022,
Block 4023, Block 4024, Block 4025, Block 4026, Block 4027, Block 4028,
Block 4030, Block 4031, Block 4032, Block 6000, Tract 536.01; Block
6000, Block 6001, Block 6002, Block 6003, Block 6004, Block 6005, Block
6006, Block 6007, Block 6010, Block 7000, Block 7001, Block 7002, Block
7003, Block 7004, Block 7005, Block 7006, Block 7007, Block 7008, Block
7009, Block 7010, Block 7011, Block 7012, Block 7013, Block 7014, Block
7015, Block 7016, Block 7017, Block 7018, Block 7019, Block 7020, Block
7021, Block 7022, Block 7023, Block 7024, Block 7025, Block 7026, Block
7999, Whatcom County (Part) - Block Groups Tract 101.00; Block Group 6.
District 40: San Juan County, Skagit County (Part) -Tracts: 9503.00,
9505.00, 9506.00, 9507.00, 9517.00, 9522.00, Skagit County (Part) - Block
Groups Tract 9501.00; Block Group 1, Tract 9504.00; Block Group 1, Tract
9508.00; Block Group 1, Tract 9508.00; Block Group 2, Tract 9508.00;
Block Group 4, Tract 9508.00; Block Group 5, Tract 9509.00; Block Group
1, Tract 9516.00; Block Group 1, Tract 9523.00; Block Group 1, Tract
9523.00; Block Group 2, Tract 9523.00; Block Group 3, Tract 9524.00;
Block Group 1, Tract 9524.00; Block Group 2, Tract 9524.00; Block Group
3, Tract 9525.00; Block Group 1, Tract 9525.00; Block Group 2, Tract
9525.00; Block Group 3, Skagit County (Part) - Blocks: Tract 9501.00;
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023,
Block 2024, Block 2025, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Block 2031, Block 2032, Block 2033, Block 2034, Block 2035,
Block 2036, Block 2037, Block 2038, Block 2039, Block 2040, Block 2041,
Block 2042, Block 2043, Block 2044, Block 2045, Block 2046, Block 2047,
Block 2048, Block 2049, Block 2050, Block 2051, Block 2052, Block 2053,
Block 2054, Block 2055, Block 2056, Block 2057, Block 2058, Block 2059,
Block 2060, Block 2061, Block 2062, Block 2063, Block 2064, Block 2065,
Block 2066, Block 2067, Block 2068, Block 2069, Block 2070, Block 2071,
Block 2072, Block 2073, Block 2074, Block 2075, Block 2076, Block 2077,
Block 2078, Block 2079, Block 2080, Block 2081, Block 2082, Block 2083,
Block 2084, Block 2085, Block 2090, Block 2091, Block 2092, Block 2097,
Block 2098, Block 2992, Block 2993, Block 2994, Block 2995, Block 2996,
Block 2997, Block 2998, Block 2999, Tract 9502.00; Block 1000, Block
1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block
1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block
1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block
1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030, Block
1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036, Block
1038, Block 1039, Block 1040, Block 1041, Block 1042, Block 1043, Block
1044, Block 1045, Block 1046, Block 1047, Block 1048, Block 1049, Block
1050, Block 1051, Block 1052, Block 1053, Block 1054, Block 1055, Block
1998, Block 1999, Block 2005, Tract 9504.00; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block 2024, Block 2025,
Block 2026, Block 2027, Block 2029, Block 2030, Block 2031, Block 2032,
Block 2033, Block 2034, Block 2035, Block 2036, Block 2037, Block 2038,
Block 2039, Block 2040, Block 2041, Block 2042, Block 2043, Block 2044,
Block 2045, Block 2046, Block 2047, Block 2048, Block 2049, Block 2050,
Block 2051, Block 2052, Block 2053, Block 2054, Block 2055, Block 2056,
Block 2057, Block 2058, Block 2059, Block 2060, Block 2061, Block 2062,
Block 2063, Block 2064, Block 2065, Block 2066, Block 2067, Block 2068,
Block 2069, Block 2070, Block 2071, Block 2072, Block 2073, Block 2074,
Block 2075, Block 2076, Block 2077, Block 2078, Block 2079, Block 2080,
Block 2081, Block 2082, Block 2083, Block 2084, Block 2085, Block 2086,
Block 2087, Block 2088, Block 2089, Block 2993, Block 2994, Block 2995,
Block 2996, Block 2997, Block 2998, Block 2999, Tract 9508.00; Block
3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block
3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block
3012, Block 3013, Block 3014, Block 3015, Block 3016, Block 3017, Block
3018, Block 3019, Block 3020, Block 3021, Block 3022, Block 3023, Block
3024, Block 3025, Block 3027, Block 3028, Block 3029, Block 3031, Block
3032, Tract 9514.00; Block 1021, Block 1022, Block 1023, Tract 9515.00;
Block 1007, Block 1008, Block 1010, Block 1011, Block 1012, Block 2004,
Tract 9516.00; Block 2000, Block 2001, Block 2011, Block 2012, Block
2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 3000, Block
[Title 44 RCW—page 31]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006, Block
3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012, Block
3013, Block 3014, Block 3015, Block 3016, Block 3027, Block 3028, Block
3029, Block 3030, Block 3038, Block 3039, Block 3040, Block 3041, Block
3042, Block 3043, Block 3044, Block 3045, Block 3046, Block 3050, Block
3051, Block 3052, Block 3053, Block 3054, Block 3055, Block 3056, Block
3057, Block 3058, Block 3059, Block 3060, Block 3061, Block 3062, Block
3063, Block 3064, Block 3065, Block 3066, Block 3067, Tract 9518.00;
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1037, Block 1038, Block 1051,
Block 1052, Block 1053, Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2021, Block 2022, Block 2023,
Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block 2030,
Block 2031, Block 2032, Block 2033, Block 2034, Block 2035, Block 2036,
Block 2037, Block 2038, Block 2039, Block 2040, Block 2041, Block 2042,
Block 2043, Block 2044, Block 2045, Block 2046, Block 2047, Block 2048,
Block 2049, Block 2050, Block 2051, Block 2052, Block 2053, Block 2054,
Block 2995, Block 2996, Block 2997, Block 2998, Block 2999, Tract
9519.00; Block 1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1029, Block 1030, Block 1031, Block 1032, Block 1033, Block 1034,
Block 1035, Block 1036, Block 1038, Block 1039, Block 1040, Block 1041,
Block 1042, Block 1043, Block 1044, Block 1045, Block 1046, Block 1047,
Block 1048, Block 1049, Block 1050, Block 1051, Block 1052, Block 1053,
Block 1054, Block 1993, Block 1994, Block 1995, Block 1996, Block 1997,
Block 1998, Block 1999, Block 2051, Tract 9520.00; Block 2000, Block
2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006, Block
2008, Block 2009, Block 2010, Block 2996, Block 2997, Block 2998, Block
2999, Tract 9523.00; Block 4003, Block 4004, Block 4005, Block 4006,
Block 4007, Block 4008, Block 4009, Block 4010, Block 4011, Block 4016,
Block 4017, Block 4018, Block 4020, Block 4021, Block 4022, Block 4023,
Block 4024, Block 4025, Block 4026, Block 4027, Block 4028, Block 4029,
Block 4030, Block 4032, Block 4997, Block 4998, Block 4999, Tract
9524.00; Block 4002, Block 4003, Block 4004, Block 4005, Block 4008,
Block 4009, Block 4010, Block 4011, Block 4012, Block 4013, Block 4014,
Block 4015, Block 4016, Block 4017, Block 4018, Block 4019, Block 4020,
Block 4021, Block 4022, Block 4023, Block 4024, Block 4025, Block 4026,
Block 4027, Block 4028, Block 4029, Block 4030, Block 4031, Block 4032,
Block 4033, Block 4034, Block 4035, Block 4036, Block 4037, Block 4038,
Block 4039, Block 4040, Block 4041, Block 4042, Block 4043, Block 4044,
Block 4045, Block 4046, Block 4047, Block 4048, Block 4049, Block 4050,
Tract 9525.00; Block 4000, Block 4001, Block 4002, Block 4003, Block
4004, Block 4005, Block 4006, Block 4007, Block 4008, Block 4009, Block
4010, Block 4011, Block 4012, Block 4013, Block 4014, Block 4015, Block
4016, Block 4017, Block 4018, Block 4019, Block 4020, Block 4022, Block
4023, Block 4024, Block 4999, Tract 9526.00; Block 1000, Block 1001,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1998, Block 1999, Block 2002, Block 2003, Block 2004,
Block 2999, Block 4003, Block 4005, Block 4006, Block 4007, Block 4008,
Block 4009, Block 4010, Block 4011, Block 4012, Block 4013, Block 4014,
Block 4015, Block 4016, Block 4017, Block 4018, Block 4019, Block 4020,
Block 4021, Block 4022, Block 4023, Block 4024, Block 4025, Block 4026,
Block 4027, Block 4028, Block 4029, Block 4030, Block 4031, Block 4032,
Block 4033, Tract 9527.00; Block 1051, Whatcom County (Part) - Tracts:
12.00, Whatcom County (Part) - Block Groups Tract 8.01; Block Group 2,
Tract 8.01; Block Group 5, Tract 8.02; Block Group 2, Tract 8.02; Block
Group 3, Tract 8.02; Block Group 4, Tract 9.00; Block Group 1, Tract 9.00;
Block Group 2, Tract 10.00; Block Group 1, Tract 11.00; Block Group 3,
Whatcom County (Part) - Blocks: Tract 1.00; Block 1004, Block 1005,
Block 1006, Block 1007, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1035, Block 1998, Block 1999, Block 2026,
Block 2027, Block 2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2036, Block 3000, Block 3070, Tract 5.00; Block 3007, Block 3008,
[Title 44 RCW—page 32]
Block 3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014,
Block 3017, Block 3021, Block 3022, Block 3023, Block 3024, Block 3025,
Block 3026, Block 3027, Block 3028, Block 3029, Block 3030, Block 3031,
Block 3032, Block 3033, Tract 8.01; Block 3009, Block 4000, Block 4001,
Block 4002, Block 4003, Block 4004, Block 4005, Block 4006, Block 4013,
Block 4014, Block 4015, Block 4016, Block 4017, Block 4018, Block 4019,
Block 4020, Block 4021, Block 4022, Block 4023, Block 4024, Block 4025,
Block 4026, Block 4027, Block 4028, Block 4029, Block 4030, Block 4031,
Block 4032, Block 4033, Block 4034, Block 4035, Block 4036, Block 4037,
Block 4038, Block 4039, Block 4040, Block 4043, Block 4044, Block 4045,
Block 4046, Block 4999, Tract 8.02; Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1020, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block 1048,
Block 1049, Block 1050, Block 1051, Block 1052, Block 1053, Block 1054,
Block 1055, Block 1056, Block 1057, Block 1058, Block 1059, Block 1060,
Block 1061, Block 1062, Block 1063, Block 1064, Block 1065, Block 1066,
Block 1067, Block 1068, Block 1069, Block 1070, Block 1071, Block 1072,
Block 1073, Block 1074, Block 1075, Block 1076, Block 1077, Block 1078,
Block 1079, Block 1080, Block 1081, Block 1082, Block 1083, Block 1084,
Block 1085, Block 1086, Block 1087, Block 1088, Block 1089, Block 1090,
Block 1091, Block 1092, Block 1093, Block 1094, Block 1095, Block 1096,
Block 1097, Block 1098, Block 1099, Block 1100, Block 1101, Block 1102,
Block 1103, Block 1104, Block 1105, Block 1106, Block 1107, Block 1108,
Block 1109, Block 1110, Block 1111, Block 1994, Block 1995, Block 1996,
Block 1997, Block 1998, Block 1999, Tract 9.00; Block 3001, Tract 10.00;
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2009, Block 2010, Block 2011, Block 2012, Tract 11.00;
Block 1997, Block 1998, Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2014, Block 2015, Block 2016, Block 2018, Block 2019,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2998, Block 2999, Tract
101.00; Block 4107, Block 4108, Block 4109, Block 4110, Block 4111,
Block 4112, Block 4114, Block 5106, Block 5107, Block 5108, Block 5109,
Block 5110, Block 5111, Block 5112, Block 5113, Block 5122, Block 5123,
Block 5124, Block 5125, Block 5126, Block 5127, Block 5128, Block 5129,
Block 5130, Block 5131, Block 5132, Block 5133, Block 5134, Block 5135,
Block 5136, Block 5137, Block 5138, Block 5139, Block 5140, Block 5141,
Block 5147, Block 5148.
District 41: King County (Part) - Tracts: 235.00, 236.04, 238.01,
238.02, 239.00, 243.00, 244.00, 245.00, 246.01, 246.02, 247.01, 247.02,
248.00, 249.01, 249.02, 249.03, 250.01, 250.03, 250.04, King County (Part)
- Block Groups Tract 236.01; Block Group 3, Tract 236.01; Block Group 4,
Tract 251.01; Block Group 3, Tract 251.01; Block Group 4, Tract 251.02;
Block Group 1, Tract 251.02; Block Group 3, Tract 252.00; Block Group 1,
Tract 252.00; Block Group 4, Tract 252.00; Block Group 5, Tract 253.00;
Block Group 1, Tract 256.00; Block Group 4, Tract 256.00; Block Group 5,
Tract 319.03; Block Group 1, Tract 319.03; Block Group 2, Tract 319.03;
Block Group 4, Tract 319.03; Block Group 5, Tract 319.03; Block Group 6,
King County (Part) - Blocks: Tract 234.01; Block 2001, Block 2002, Block
2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block
2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block
2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block
2027, Tract 236.01; Block 1004, Block 1005, Block 1006, Block 1007,
Block 2000, Block 2001, Block 2002, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Tract
236.03; Block 3000, Block 3001, Tract 237.00; Block 3018, Block 3019,
Block 3020, Block 3021, Tract 240.00; Block 4000, Block 4001, Block
4002, Block 4003, Block 4004, Block 4006, Block 4007, Block 4008, Block
4009, Block 4010, Block 4011, Block 4012, Block 4013, Block 4014, Block
4015, Block 4016, Block 4017, Block 4018, Block 4019, Block 4020, Block
4021, Block 4022, Block 4023, Block 4024, Block 4025, Block 4026, Block
4999, Block 6012, Block 6013, Block 6014, Block 6015, Block 6016, Block
6017, Block 6018, Block 6019, Block 6020, Block 6021, Block 6022, Tract
251.01; Block 1000, Block 1001, Block 1002, Block 2000, Block 2001,
Block 2002, Block 2005, Tract 251.02; Block 2000, Block 2001, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block
2010, Block 2011, Block 2014, Block 2015, Block 2016, Block 2017, Block
2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block
2024, Tract 252.00; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 3000, Block 3001, Block 3002, Block 3003, Block 3004,
(2004 Ed.)
Legislative Districts and Apportionment
Block 3005, Tract 253.00; Block 2000, Block 2001, Block 2002, Block
2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block
2009, Block 2010, Block 2011, Block 2012, Block 3000, Block 3001, Block
3998, Block 3999, Tract 256.00; Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 3000, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Tract 319.03; Block
3000, Block 3001, Block 3002, Block 3003, Block 3005, Block 3006, Block
3007, Block 3008, Tract 321.03; Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Tract 321.04; Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block
1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block
1019, Block 3016, Block 3017.
District 42: Whatcom County (Part) - Tracts: 2.00, 3.00, 4.00, 6.00,
7.00, 102.00, 103.01, 103.02, 103.03, 104.01, 104.02, 105.01, 105.02,
106.00, 107.00, 108.00, 109.00, 110.00, Whatcom County (Part) - Block
Groups Tract 5.00; Block Group 1, Tract 5.00; Block Group 2, Tract 5.00;
Block Group 4, Tract 5.00; Block Group 5, Tract 5.00; Block Group 6, Tract
8.01; Block Group 1, Tract 101.00; Block Group 1, Tract 101.00; Block
Group 2, Tract 101.00; Block Group 3, Tract 101.00; Block Group 7, Whatcom County (Part) -Blocks: Tract 1.00; Block 1000, Block 1001, Block
1002, Block 1003, Block 1008, Block 1033, Block 1034, Block 1036, Block
1037, Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block
2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block
2011, Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block
2017, Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block
2023, Block 2024, Block 2025, Block 2028, Block 2029, Block 2035, Block
3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006, Block
3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012, Block
3013, Block 3014, Block 3015, Block 3016, Block 3017, Block 3018, Block
3019, Block 3020, Block 3021, Block 3022, Block 3023, Block 3024, Block
3025, Block 3026, Block 3027, Block 3028, Block 3029, Block 3030, Block
3031, Block 3032, Block 3033, Block 3034, Block 3035, Block 3036, Block
3037, Block 3038, Block 3039, Block 3040, Block 3041, Block 3042, Block
3043, Block 3044, Block 3045, Block 3046, Block 3047, Block 3048, Block
3049, Block 3050, Block 3051, Block 3052, Block 3053, Block 3054, Block
3055, Block 3056, Block 3057, Block 3058, Block 3059, Block 3060, Block
3061, Block 3062, Block 3063, Block 3064, Block 3065, Block 3066, Block
3067, Block 3068, Block 3069, Block 3071, Block 3072, Block 3073, Block
3999, Tract 5.00; Block 3000, Block 3001, Block 3002, Block 3003, Block
3004, Block 3005, Block 3006, Block 3015, Block 3016, Block 3018, Block
3019, Block 3020, Tract 8.01; Block 3000, Block 3001, Block 3002, Block
3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block
4007, Block 4008, Block 4009, Block 4010, Block 4011, Block 4012, Block
4041, Block 4042, Block 4047, Block 4048, Tract 8.02; Block 1000, Block
1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1019, Block 1021, Tract 9.00; Block 3000, Block 3002, Block
3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block
3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block
3015, Block 3016, Tract 10.00; Block 2007, Block 2008, Tract 11.00; Block
1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block
1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block
1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block
1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block
1030, Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block
1036, Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block
1042, Block 1043, Block 1044, Block 1045, Block 1046, Block 1047, Block
1048, Block 1049, Block 1999, Block 2005, Block 2006, Block 2007, Block
2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block
2017, Block 2020, Block 2021, Tract 101.00; Block 4000, Block 4001,
Block 4002, Block 4003, Block 4004, Block 4005, Block 4006, Block 4007,
Block 4008, Block 4009, Block 4010, Block 4011, Block 4012, Block 4013,
Block 4014, Block 4015, Block 4016, Block 4017, Block 4018, Block 4019,
Block 4020, Block 4021, Block 4022, Block 4023, Block 4024, Block 4025,
Block 4026, Block 4027, Block 4028, Block 4029, Block 4030, Block 4031,
Block 4032, Block 4033, Block 4034, Block 4035, Block 4036, Block 4037,
Block 4038, Block 4039, Block 4040, Block 4041, Block 4042, Block 4043,
Block 4044, Block 4045, Block 4046, Block 4047, Block 4048, Block 4049,
Block 4050, Block 4051, Block 4052, Block 4053, Block 4054, Block 4055,
Block 4056, Block 4057, Block 4058, Block 4059, Block 4060, Block 4061,
Block 4062, Block 4063, Block 4064, Block 4065, Block 4066, Block 4067,
Block 4068, Block 4069, Block 4070, Block 4071, Block 4072, Block 4073,
Block 4074, Block 4075, Block 4076, Block 4077, Block 4078, Block 4079,
(2004 Ed.)
Chapter 44.07D
Block 4080, Block 4081, Block 4082, Block 4083, Block 4084, Block 4085,
Block 4086, Block 4087, Block 4088, Block 4089, Block 4090, Block 4091,
Block 4092, Block 4093, Block 4094, Block 4095, Block 4096, Block 4097,
Block 4098, Block 4099, Block 4100, Block 4101, Block 4102, Block 4103,
Block 4104, Block 4105, Block 4106, Block 4113, Block 4115, Block 4116,
Block 4990, Block 4991, Block 4992, Block 4993, Block 4994, Block 4995,
Block 4996, Block 4997, Block 4998, Block 4999, Block 5000, Block 5001,
Block 5002, Block 5003, Block 5004, Block 5005, Block 5006, Block 5007,
Block 5008, Block 5009, Block 5010, Block 5011, Block 5012, Block 5013,
Block 5014, Block 5015, Block 5016, Block 5017, Block 5018, Block 5019,
Block 5020, Block 5021, Block 5022, Block 5023, Block 5024, Block 5025,
Block 5026, Block 5027, Block 5028, Block 5029, Block 5030, Block 5031,
Block 5032, Block 5033, Block 5034, Block 5035, Block 5036, Block 5037,
Block 5038, Block 5039, Block 5040, Block 5041, Block 5042, Block 5043,
Block 5044, Block 5045, Block 5046, Block 5047, Block 5048, Block 5049,
Block 5050, Block 5051, Block 5052, Block 5053, Block 5054, Block 5055,
Block 5056, Block 5057, Block 5058, Block 5059, Block 5060, Block 5061,
Block 5062, Block 5063, Block 5064, Block 5065, Block 5066, Block 5067,
Block 5068, Block 5069, Block 5070, Block 5071, Block 5072, Block 5073,
Block 5074, Block 5075, Block 5076, Block 5077, Block 5078, Block 5079,
Block 5080, Block 5081, Block 5082, Block 5083, Block 5084, Block 5085,
Block 5086, Block 5087, Block 5088, Block 5089, Block 5090, Block 5091,
Block 5092, Block 5093, Block 5094, Block 5095, Block 5096, Block 5097,
Block 5098, Block 5099, Block 5100, Block 5101, Block 5102, Block 5103,
Block 5104, Block 5105, Block 5114, Block 5115, Block 5116, Block 5117,
Block 5118, Block 5119, Block 5120, Block 5121, Block 5142, Block 5143,
Block 5144, Block 5145, Block 5146.
District 43: King County (Part) - Tracts: 44.00, 45.00, 46.00, 49.00,
50.00, 51.00, 52.00, 53.01, 53.02, 54.00, 61.00, 62.00, 64.00, 65.00, 66.00,
73.00, 74.00, 75.00, 76.00, 82.00, 83.00, 84.00, King County (Part) - Block
Groups Tract 25.00; Block Group 3, Tract 26.00; Block Group 3, Tract
36.00; Block Group 3, Tract 36.00; Block Group 4, Tract 43.00; Block
Group 2, Tract 43.00; Block Group 3, Tract 43.00; Block Group 4, Tract
43.00; Block Group 5, Tract 63.00; Block Group 1, Tract 63.00; Block
Group 2, Tract 63.00; Block Group 3, Tract 63.00; Block Group 5, Tract
63.00; Block Group 6, Tract 79.00; Block Group 3, Tract 79.00; Block
Group 4, Tract 79.00; Block Group 5, Tract 85.00; Block Group 1, King
County (Part) - Blocks: Tract 26.00; Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 4004, Block 4005, Block 4006, Block 4007, Block 4008,
Block 4009, Block 4010, Block 4011, Block 4012, Block 4013, Block 4014,
Block 4999, Block 5014, Tract 27.00; Block 3001, Tract 35.00; Block 3016,
Block 3017, Tract 36.00; Block 1000, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023,
Block 1024, Block 1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 1033, Block 1034, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Tract 38.00; Block 2004, Block 2005, Block 3003, Block 3004,
Block 3009, Block 3010, Tract 43.00; Block 1003, Block 1010, Tract 48.00;
Block 1011, Block 1012, Block 1013, Block 1014, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 2014, Tract 63.00; Block 4000,
Block 4001, Block 4002, Block 4003, Block 4004, Block 4006, Block 4007,
Tract 77.00; Block 4004, Block 4005, Block 4006, Block 4007, Block 4008,
Block 5000, Block 5001, Block 5002, Block 5003, Block 5004, Block 5005,
Block 5006, Block 5007, Block 5008, Block 5009, Block 5010, Block 5011,
Tract 78.00; Block 1000, Block 1003, Block 1999, Tract 79.00; Block 2002,
Block 2003, Block 2006, Tract 80.01; Block 3023, Block 3999, Tract 80.02;
Block 1005, Block 1006, Block 1007, Block 1008, Tract 81.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 1037, Block 1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block 1052, Block 1999,
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023,
Block 2024, Block 2025, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Block 2031, Block 2032, Block 2033, Block 2034, Tract 85.00;
Block 2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005,
[Title 44 RCW—page 33]
Chapter 44.07D
Title 44 RCW: State Government—Legislative
Block 2006, Tract 86.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 2000,
Block 2001, Tract 87.00; Block 3001, Block 3002, Block 3003, Tract 92.00;
Block 2010.
District 44: Snohomish County (Part) - Tracts: 416.05, 416.06,
416.07, 416.08, 417.01, 520.03, 520.04, 520.05, 520.06, 520.07, 521.10,
524.01, 524.02, 525.02, 525.03, 525.04, 526.03, 526.04, 526.05, 526.07,
527.03, 527.05, Snohomish County (Part) - Block Groups Tract 416.01;
Block Group 1, Tract 416.01; Block Group 3, Tract 416.01; Block Group 4,
Tract 521.11; Block Group 2, Tract 521.11; Block Group 3, Tract 523.01;
Block Group 1, Tract 523.01; Block Group 3, Tract 523.02; Block Group 1,
Tract 526.06; Block Group 1, Tract 526.06; Block Group 2, Tract 526.06;
Block Group 3, Tract 527.04; Block Group 3, Tract 527.04; Block Group 4,
Tract 529.04; Block Group 3, Snohomish County (Part) - Blocks: Tract
414.00; Block 3021, Tract 415.00; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2019, Block 2020, Block 2021, Block 2022,
Block 2998, Block 2999, Tract 416.01; Block 2000, Block 2001, Block
2002, Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block
2008, Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block
2014, Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block
2020, Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Tract
417.02; Block 1000, Block 1001, Block 4007, Block 5000, Block 5001,
Block 5002, Block 5003, Block 5004, Block 5005, Block 5006, Block 5007,
Block 5008, Block 5009, Block 5010, Block 5011, Block 5012, Block 5013,
Block 5014, Block 5017, Block 5018, Block 5022, Block 5023, Block 5024,
Block 5025, Block 5026, Block 5027, Block 5028, Block 5029, Block 5030,
Tract 418.05; Block 2000, Tract 519.09; Block 5004, Tract 519.20; Block
1000, Block 1001, Block 1002, Tract 521.04; Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1987, Block 2028, Block 2029, Block 2030, Block 2031, Block 2032,
Block 2033, Block 2034, Block 2035, Block 2036, Block 2037, Block 2038,
Block 2039, Block 2040, Block 2041, Block 2042, Block 2043, Block 2044,
Block 2045, Block 2046, Block 2047, Block 2048, Block 2049, Block 2050,
Block 2051, Block 2052, Block 2053, Block 2054, Block 2055, Block 2056,
Block 2057, Block 2058, Block 2059, Block 2060, Block 2061, Block 2062,
Block 2063, Block 2064, Block 2065, Block 2066, Block 2067, Block 2068,
Block 2069, Block 2070, Block 2071, Block 2974, Block 2975, Block 2976,
Block 2977, Block 2978, Block 2979, Block 2980, Block 2981, Block 2982,
Block 2983, Block 2984, Block 2985, Block 2986, Block 2987, Tract
521.05; Block 1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1029, Block 1030, Block 1031, Block 1032, Block 1033, Block 1034,
Block 1035, Block 1037, Block 1038, Block 1039, Block 1993, Block 1994,
Block 1995, Block 1996, Block 1997, Block 1999, Tract 521.08; Block
1000, Block 1001, Block 1006, Block 1007, Block 1014, Tract 521.11;
Block 1000, Block 1004, Block 1005, Block 1006, Block 1007, Tract
523.01; Block 4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4012, Block 4013, Block 4014, Block 4015, Block 4016, Block 4017,
Block 4018, Block 4019, Block 4020, Tract 523.02; Block 2000, Block
2001, Block 2002, Block 2003, Block 2004, Block 3001, Block 3002, Block
3003, Block 3016, Block 3017, Block 3018, Tract 526.06; Block 4001,
Block 4002, Block 4003, Block 4004, Block 4005, Block 4006, Block 4007,
Block 4008, Block 4009, Block 4010, Block 4011, Block 4012, Tract
527.04; Block 1000, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Tract 529.04; Block 1000, Block 1004, Block 2007, Block
4000, Block 4001, Tract 536.01; Block 6008, Block 6009, Block 6011,
Block 7027, Block 7028.
District 45: King County (Part) - Tracts: 219.03, 219.04, 220.03,
220.05, 220.06, 224.00, 226.03, 323.07, 323.11, 323.12, 323.14, 323.19,
323.20, 323.21, 323.22, 323.23, 324.01, 324.02, King County (Part) - Block
Groups Tract 219.06; Block Group 2, Tract 219.06; Block Group 3, Tract
222.02; Block Group 2, Tract 222.02; Block Group 5, Tract 225.00; Block
Group 2, Tract 323.15; Block Group 1, Tract 323.15; Block Group 3, Tract
323.15; Block Group 4, Tract 323.16; Block Group 2, Tract 323.17; Block
Group 6, Tract 323.24; Block Group 5, Tract 325.00; Block Group 1, Tract
325.00; Block Group 3, Tract 325.00; Block Group 4, King County (Part) Blocks: Tract 218.02; Block 2001, Block 2009, Block 2010, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block 3011, Block 3012,
Block 3014, Block 3015, Block 3016, Tract 219.05; Block 1009, Block
1010, Block 1012, Block 1013, Block 1014, Block 1015, Block 1016, Block
2005, Block 2007, Block 2008, Block 2009, Block 2010, Block 3000, Block
[Title 44 RCW—page 34]
3007, Block 3011, Block 3012, Block 3013, Block 3017, Tract 219.06;
Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Tract 222.03; Block
1000, Block 1001, Block 1013, Block 1014, Block 4000, Block 4997, Block
4999, Tract 225.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 4013, Block 4998, Block 5000, Tract 226.04; Block
1002, Block 1003, Block 1004, Tract 226.05; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1026, Tract 323.09; Block 1000, Block 1001, Block 2000, Block
2001, Block 2002, Block 2003, Tract 323.13; Block 1000, Block 1001,
Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 2000, Block 2001, Block 2002, Block 3000, Tract
323.15; Block 2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block 2016, Block 2017,
Block 2018, Block 2999, Tract 323.16; Block 1000, Block 1001, Block
1002, Block 1003, Block 1004, Block 1005, Block 1006, Block 1007, Block
1008, Block 1009, Block 1014, Block 1015, Block 1016, Block 1017, Block
1018, Block 1019, Block 1020, Block 1021, Block 1022, Block 1023, Block
1024, Tract 323.18; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1014, Block 1017, Block 1018,
Tract 323.24; Block 4000, Block 4001, Block 4002, Block 4003, Block
4004, Block 4005, Tract 325.00; Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2030, Block 2031, Block 2032, Block 2033, Block 2034, Block 2035,
Block 2036, Block 2037, Block 2038, Block 2039, Block 2040, Block 2041,
Block 2042, Block 2043, Block 2044, Block 2045, Block 2998, Block 2999,
Tract 326.01; Block 2001, Block 2010, Block 2011, Tract 328.00; Block
1000, Block 1001, Block 1008, Block 1009, Block 1013, Block 1014, Block
1015, Block 1020, Block 1021, Block 3115, Block 3116, Block 3117, Block
3119, Block 3120, Block 3121, Block 3122, Block 3125, Block 3126, Block
3127, Block 3128, Block 3129, Block 3130, Block 3131, Block 3132, Block
3133, Block 3134, Block 3135, Block 3136, Block 3137, Block 3138, Block
3139, Block 3140, Block 3141, Block 3142, Block 3143, Block 3144, Block
3145, Block 3146, Block 3147, Block 3148, Block 3149, Block 3150, Block
3151, Block 3152, Block 3153, Block 3161, Block 3162, Block 3163, Block
3164, Block 3165, Block 3166, Block 3167, Block 3168, Block 3169, Block
3170, Block 3171, Block 3172, Block 3173, Block 3174, Block 3175, Block
3176, Block 3177, Block 3178, Block 3179, Block 3180, Block 3181, Block
3182, Block 3183, Block 3184, Block 3185, Block 3186, Block 3187, Block
3188, Block 3189, Block 3190, Block 3191, Block 3206, Block 3207, Block
3208, Block 3209, Block 3210, Block 3211, Block 3996.
District 46: King County (Part) - Tracts: 1.00, 2.00, 3.00, 4.01, 4.02,
6.00, 7.00, 8.00, 9.00, 10.00, 11.00, 12.00, 13.00, 18.00, 19.00, 20.00, 21.00,
22.00, 24.00, 28.00, 39.00, 40.00, 41.00, 42.00, King County (Part) - Block
Groups Tract 5.00; Block Group 2, Tract 5.00; Block Group 3, Tract 14.00;
Block Group 1, Tract 17.00; Block Group 1, Tract 17.00; Block Group 2,
Tract 25.00; Block Group 1, Tract 25.00; Block Group 2, Tract 26.00; Block
Group 1, Tract 27.00; Block Group 1, Tract 27.00; Block Group 2, Tract
27.00; Block Group 4, Tract 27.00; Block Group 5, Tract 27.00; Block
Group 6, Tract 38.00; Block Group 1, King County (Part) - Blocks: Tract
5.00; Block 1000, Block 1001, Block 1002, Block 1003, Block 1004, Block
1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block
1011, Block 1012, Block 1013, Block 1014, Block 1015, Tract 14.00; Block
2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2008, Block
2009, Block 2010, Block 2011, Block 6000, Block 6001, Block 6002, Block
6003, Block 6004, Block 6005, Block 6006, Tract 17.00; Block 3000, Block
3001, Block 3002, Block 3003, Block 3004, Tract 26.00; Block 2000, Block
2001, Block 2002, Block 2003, Block 2004, Block 4000, Block 4001, Block
4002, Block 4003, Block 5000, Block 5001, Block 5002, Block 5003, Block
5004, Block 5005, Block 5006, Block 5007, Block 5008, Block 5009, Block
5010, Block 5011, Block 5012, Block 5013, Tract 27.00; Block 3000, Block
3002, Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block
3008, Block 3009, Block 3010, Block 3011, Tract 36.00; Block 1001, Block
1002, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Tract
38.00; Block 2000, Block 2001, Block 2002, Block 2003, Block 2006, Block
2007, Block 2008, Block 3000, Block 3001, Block 3002, Block 3005, Block
(2004 Ed.)
Legislative Districts and Apportionment
3006, Block 3007, Block 3008, Tract 43.00; Block 1000, Block 1001, Block
1002, Block 1004, Block 1005, Block 1006, Block 1007, Block 1008, Block
1009.
District 47: King County (Part) - Tracts: 293.06, 293.07, 294.05,
294.06, 295.02, 295.04, 296.01, 296.02, 305.04, 312.05, 312.06, 316.01,
317.04, 319.09, King County (Part) - Block Groups Tract 293.03; Block
Group 4, Tract 293.04; Block Group 2, Tract 293.04; Block Group 3, Tract
293.04; Block Group 4, Tract 295.03; Block Group 4, Tract 295.03; Block
Group 5, Tract 305.01; Block Group 2, Tract 305.03; Block Group 1, Tract
305.03; Block Group 2, Tract 306.00; Block Group 1, Tract 306.00; Block
Group 4, Tract 312.04; Block Group 1, Tract 312.04; Block Group 2, Tract
312.04; Block Group 4, Tract 312.04; Block Group 5, Tract 316.03; Block
Group 2, Tract 317.02; Block Group 2, Tract 317.02; Block Group 3, Tract
317.02; Block Group 4, Tract 317.03; Block Group 1, Tract 317.03; Block
Group 3, Tract 317.03; Block Group 4, Tract 317.03; Block Group 5, Tract
318.00; Block Group 4, Tract 319.07; Block Group 6, Tract 319.08; Block
Group 2, Tract 320.05; Block Group 2, Tract 320.05; Block Group 3, Tract
320.05; Block Group 4, Tract 320.05; Block Group 5, Tract 320.05; Block
Group 6, Tract 320.05; Block Group 7, Tract 320.06; Block Group 1, Tract
320.06; Block Group 3, King County (Part) - Blocks: Tract 293.04; Block
1000, Block 1001, Block 1002, Block 1006, Block 1007, Block 1008, Block
1009, Block 1010, Block 1011, Block 1012, Tract 294.03; Block 2000,
Block 2001, Block 2002, Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Tract 294.08; Block 2004, Block 2005, Block
2006, Block 3000, Block 3002, Block 3003, Block 3004, Block 3005, Block
3006, Tract 297.00; Block 2016, Block 2017, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026,
Tract 298.02; Block 6009, Block 6010, Tract 299.02; Block 2020, Block
2021, Block 3000, Block 3001, Block 3003, Block 3004, Block 3006, Block
3014, Block 3015, Block 3016, Block 3017, Block 3018, Block 3019, Block
3020, Block 3021, Block 3022, Block 3026, Block 3027, Block 3033, Block
3034, Tract 304.01; Block 2000, Block 2016, Tract 305.01; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block 1005, Block 1008,
Block 1009, Block 1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1037, Block 1038, Block 1039,
Block 1040, Block 1041, Block 1042, Block 1043, Block 1044, Block 1045,
Block 1046, Block 1047, Block 1048, Block 1049, Block 1050, Block 1051,
Block 1052, Block 1053, Block 1054, Block 1055, Block 1056, Block 1057,
Block 1058, Block 1059, Block 1060, Block 1061, Block 1062, Block 1063,
Block 1064, Block 1065, Block 1066, Block 1067, Block 1068, Block 1069,
Block 1070, Block 1071, Block 1072, Block 1073, Block 1078, Block 1079,
Block 1080, Tract 305.03; Block 3002, Block 3003, Block 3004, Block
3005, Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block
3011, Block 3012, Block 3013, Block 3014, Block 3015, Block 3016, Block
3017, Block 3018, Block 3019, Block 3020, Block 3021, Block 3022, Block
3023, Block 3024, Block 3025, Tract 306.00; Block 2012, Block 2013,
Block 3000, Block 3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Tract 308.01; Block
2003, Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block
2009, Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Tract 312.04; Block 3000, Tract 315.01; Block 1048, Block 1049,
Block 1050, Block 1051, Block 1052, Block 1053, Block 1054, Block 1055,
Block 1056, Block 1057, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2015, Block 2016, Block 2017, Block 2018, Block 3013,
Block 3014, Block 3015, Block 3016, Block 3017, Tract 316.02; Block
2000, Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block
2006, Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block
2016, Tract 316.03; Block 1000, Block 1001, Block 1007, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 3010, Block 4000, Block 4001, Block 4002, Block 4003, Block 4004,
Block 4005, Block 4006, Block 4007, Block 4008, Block 4009, Block 4010,
Block 4011, Block 4012, Block 4013, Block 4014, Block 4015, Block 4998,
Block 4999, Tract 317.02; Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block
1012, Block 1013, Block 1014, Block 5007, Block 5008, Block 5009, Block
5010, Tract 317.03; Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Tract 318.00; Block 1001, Block 1002, Block 1003, Block 1004, Block
1005, Block 1006, Block 1007, Block 1008, Block 1009, Block 1010, Block
1014, Block 1015, Block 1016, Block 1017, Block 1018, Block 1019, Block
(2004 Ed.)
Chapter 44.07D
1020, Block 1021, Block 1022, Block 1023, Block 1024, Block 1025, Block
1026, Block 1999, Block 2003, Block 2004, Block 3003, Tract 319.07;
Block 1002, Block 1004, Block 1005, Block 1006, Block 1007, Block 4001,
Tract 319.08; Block 1000, Block 1003, Block 4000, Block 4004, Block
4005, Tract 320.05; Block 1010, Block 1011, Block 1012, Block 1014,
Block 1015, Block 1016, Block 1017, Tract 320.06; Block 2011, Block
2012, Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block
2018, Block 2019, Block 2020, Block 2021, Block 2022, Block 2023, Block
2024, Block 2025, Block 2026, Block 2027, Block 2028, Block 2029, Block
2030, Tract 320.07; Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block 2017, Block 2999.
District 48: King County (Part) - Tracts: 226.06, 227.01, 227.02,
227.03, 228.01, 228.02, 228.03, 229.01, 229.02, 230.00, 231.00, 232.01,
232.02, 233.00, 241.00, 242.00, 323.25, King County (Part) - Block Groups
Tract 225.00; Block Group 3, Tract 226.04; Block Group 2, Tract 226.04;
Block Group 3, Tract 226.04; Block Group 4, Tract 226.05; Block Group 2,
Tract 234.01; Block Group 1, Tract 234.01; Block Group 3, Tract 234.02;
Block Group 2, Tract 234.02; Block Group 3, Tract 234.02; Block Group 4,
Tract 234.02; Block Group 5, Tract 234.02; Block Group 6, Tract 236.03;
Block Group 1, Tract 236.03; Block Group 2, Tract 236.03; Block Group 4,
Tract 237.00; Block Group 1, Tract 237.00; Block Group 2, Tract 240.00;
Block Group 1, Tract 240.00; Block Group 2, Tract 240.00; Block Group 3,
Tract 240.00; Block Group 5, Tract 323.24; Block Group 1, Tract 323.24;
Block Group 2, Tract 323.24; Block Group 3, King County (Part) - Blocks:
Tract 225.00; Block 1017, Block 1018, Block 1019, Block 1020, Block
1021, Block 1022, Block 1023, Block 4000, Block 4001, Block 4002, Block
4003, Block 4004, Block 4005, Block 4006, Block 4007, Block 4008, Block
4009, Block 4010, Block 4011, Block 4012, Block 4014, Block 4015, Block
4999, Block 5001, Block 5002, Block 5003, Block 5004, Block 5005, Block
5006, Block 5007, Block 5008, Block 5009, Block 5010, Block 5011, Block
5012, Block 5013, Block 5014, Block 5015, Block 5016, Block 5017, Block
5018, Block 5019, Block 5020, Block 5021, Block 5022, Block 5023, Tract
226.04; Block 1000, Block 1001, Tract 226.05; Block 1027, Tract 234.01;
Block 2000, Tract 234.02; Block 1000, Block 1001, Block 1002, Block
1003, Block 1004, Block 1005, Block 1006, Block 1009, Block 1999, Tract
236.01; Block 1000, Block 1001, Block 1002, Block 1003, Block 1008,
Block 1009, Block 1010, Block 2003, Block 2004, Tract 236.03; Block
3002, Block 3003, Tract 237.00; Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014,
Block 3015, Block 3016, Block 3017, Tract 240.00; Block 4005, Block
6000, Block 6001, Block 6002, Block 6003, Block 6004, Block 6005, Block
6006, Block 6007, Block 6008, Block 6009, Block 6010, Block 6011, Tract
323.09; Block 1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 2004, Block 2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block 2032, Block 2033,
Block 2034, Block 2035, Block 2036, Block 2037, Block 2038, Block 2039,
Block 2040, Block 2041, Block 2042, Block 2043, Block 2044, Block 2045,
Block 2046, Block 2047, Block 2048, Block 2049, Block 2050, Block 2051,
Block 2052, Block 2053, Block 2054, Block 2055, Block 2056, Block 2057,
Block 2058, Block 2059, Block 2060, Block 2061, Block 2062, Block 2063,
Block 2064, Block 2065, Block 2066, Tract 323.13; Block 1002, Block
2003, Block 2004, Block 2005, Block 2006, Block 3001, Block 3002, Block
3003, Block 3004, Block 3005, Block 3006, Block 3007, Block 3008, Block
3009, Block 3010, Block 3011, Block 3012, Block 3013, Block 3014, Block
3015, Block 3016, Block 3017, Block 3018, Block 3019, Block 3020, Block
3021, Block 3022, Block 3023, Block 3024, Block 3025, Block 3026, Block
3027, Block 3028, Block 3029, Block 3999, Tract 323.24; Block 4006,
Block 4007.
District 49: Clark County (Part) - Tracts: 408.03, 408.04, 410.02,
410.03, 410.07, 410.08, 410.09, 411.05, 411.07, 411.08, 411.09, 411.10,
412.01, 412.03, 412.05, 412.06, 416.00, 417.00, 418.00, 419.00, 420.00,
421.00, 423.00, 424.00, 425.00, 426.00, 427.00, 428.00, 429.00, 430.00,
431.00, Clark County (Part) - Block Groups Tract 409.04; Block Group 2,
Tract 409.04; Block Group 3, Tract 410.05; Block Group 1, Tract 410.08;
Block Group 3, Clark County (Part) - Blocks: Tract 403.00; Block 3022,
Block 3023, Block 3024, Block 3998, Tract 404.04; Block 4002, Block
4003, Block 4004, Block 4005, Block 4007, Block 4008, Tract 409.04;
Block 1000, Block 1001, Tract 409.06; Block 1011, Block 1012, Block
2000, Block 2030, Block 2031, Block 2032, Tract 410.05; Block 2000,
[Title 44 RCW—page 35]
Chapter 44.16
Title 44 RCW: State Government—Legislative
Block 2001, Block 2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block 2025, Block 2026,
Block 2027, Block 2028, Block 2029, Block 2030, Block 2031, Block 2032,
Block 2033, Block 2034, Block 2035, Block 2036, Block 2037, Block 2038,
Block 2039, Block 2040, Block 2041, Block 2042, Block 2043, Block 2044,
Block 2045, Block 2046, Block 2047, Block 2048, Block 2049, Block 2050,
Block 2051, Block 2052, Block 2053, Block 2054, Block 2055, Block 2056,
Block 2057, Block 2058, Block 2059, Block 2060, Block 2061, Block 2968,
Block 2969, Block 2970, Block 2971, Block 2972, Block 2973, Block 2974,
Block 2975, Block 2976, Block 2977, Block 2978, Block 2979, Block 2980,
Block 2981, Block 2982, Block 2983, Block 2984, Block 2985, Block 2986,
Block 2987, Block 2990, Block 2991, Block 2992, Block 2993, Block 2994,
Block 2995, Block 2996, Block 2997, Block 2998.
Chapter 44.16
Chapter 44.16 RCW
LEGISLATIVE INQUIRY
Sections
44.16.010
44.16.020
44.16.030
44.16.040
44.16.050
44.16.060
44.16.070
44.16.080
44.16.090
44.16.100
44.16.110
44.16.120
44.16.130
44.16.140
44.16.150
44.16.160
44.16.170
Examination of witnesses—Compulsory process.
Service of process.
Chairman to administer oaths.
Commission to examine absent witness.
Commission executed during recess.
To whom directed—Interrogatories.
Oath and powers of commissioner.
Examination to be private.
Testimony reduced to writing.
Return of depositions.
Fees of commissioner and witnesses.
Punishment of recalcitrant witness.
Failure to attend—Contempt.
Refusal to testify—Contempt.
Punishment for contempt.
Warrant of imprisonment.
Record of proceedings.
Reviser's note: "Act" has been translated to "chapter" throughout chapter 44.16 RCW as the entire chapter is composed of 1895 c 6 with the exception of 1897 c 33 § 1, which is supplementary thereto.
Joint administrative rules review committee, subpoena powers: RCW
34.05.675 and 34.05.681.
44.16.010 Examination of witnesses—Compulsory
process. Every chairman or presiding member of any committee of either the senate or house of representatives, or any
joint committee of the senate or house of representatives,
which, by the terms of its appointment, shall be authorized to
send for persons and papers, shall have power, under the
direction of such committee, to issue compulsory process for
the attendance of any witness within the state whom the committee may wish to examine. [1895 c 6 § 1; RRS § 8178.]
44.16.010
who shall testify in any proceeding provided for in this chapter, shall be under oath or affirmation. [1895 c 6 § 2; RRS §
8179.]
44.16.040
44.16.040 Commission to examine absent witness.
Every such chairman or presiding member shall also have
power, under the direction of the committee, to issue a commission for the examination of any witness who shall be
without the jurisdiction of the state, or if within the state,
shall be unable to attend, or who shall, for any reasons, be
excused by the committee from attendance. [1895 c 6 § 3;
RRS § 8180.]
44.16.050
44.16.050 Commission executed during recess.
Whenever such committee shall obtain authority for that purpose, from the senate or house, or legislature, by which it may
be appointed, it may issue such commission to be executed
during the recess of the legislature. [1895 c 6 § 4; RRS §
8181.]
44.16.060
44.16.060 To whom directed—Interrogatories.
Every such commission shall be directed to such magistrate
or other person, as the committee may designate, and interrogatories framed by the committee shall be annexed thereto.
[1895 c 6 § 5; RRS § 8182.]
44.16.070
44.16.070 Oath and powers of commissioner. The
person to whom such commission shall be directed, if he
reside within the state and accept the trust, shall, before entering upon the execution of his duties, take the oath of office
prescribed in the Constitution. Such commissioner shall have
power to issue process to compel the attendance of witnesses,
whom he shall be required to examine, and shall have power
to administer oaths to such witnesses. [1895 c 6 § 6; RRS §
8183.]
44.16.080
44.16.080 Examination to be private. Unless otherwise directed by the committee, it shall in all cases be the
duty of the commissioner to examine, in private, every witness attending before him, and not to make public the particulars of such examination, when so made in private, until the
same shall be made public by order of the house or legislature
appointing the committee. [1895 c 6 § 7; RRS § 8184.]
44.16.090
44.16.020
44.16.020 Service of process. All process provided for
in this chapter may be served in the same manner as is provided by law for the service of process in the superior court;
and it shall be the duty of any officer to whom any process
may be delivered or issued, to serve the same as directed:
PROVIDED, That in the service of process a copy thereof
shall be delivered to the witness. [1895 c 6 § 15; RRS §
8192.]
Service of summons: RCW 4.28.080.
44.16.030 Chairman to administer oaths. The chairman or presiding member of any committee of either the senate, house of representatives, or any joint committee thereof,
shall be authorized to administer oaths to all witnesses coming before such committee for examination; and all witnesses
44.16.030
[Title 44 RCW—page 36]
44.16.090 Testimony reduced to writing. Every witness so attending shall be examined on oath or affirmation,
and his testimony shall be reduced to writing by the commissioner, or by some disinterested person in his presence and
under the direction of said commissioner, and signed by the
witness. [1895 c 6 § 8; RRS § 8185.]
44.16.100
44.16.100 Return of depositions. When a commission
shall have been duly executed, the commissioner shall annex
thereto the depositions of the witnesses, duly certified by
him, and shall, without delay, transmit the same by mail,
inclosed and under seal, or deliver the same, to the chairman
of the committee by which the commission shall have been
issued, or to such person as by the committee directed. [1895
c 6 § 9; RRS § 8186.]
(2004 Ed.)
Session Laws
44.16.110
44.16.110 Fees of commissioner and witnesses. A person executing any such commission shall be paid, out of the
state treasury, the same fees that are allowed by law for the
taking of depositions on commissions issued out of the superior courts of this state; and any witness attending before
either house of the legislature, or any committee or joint committee thereof, or before any such commissioner, shall be so
paid two dollars per day for each day in attendance, and five
cents a mile for the distance necessarily traveled in attending
as such witness. [1895 c 6 § 10; RRS § 8187.]
44.16.120
44.16.120 Punishment of recalcitrant witness. Any
person who shall fail to attend as a witness upon any committee appointed by either the house or senate of the state of
Washington, or both, after having been duly subpoenaed as
provided in this chapter, or who, being in attendance as a witness before such committee, shall refuse to answer any question or produce any paper or document or book which he is
required to answer or to produce by such committee, shall be
deemed guilty of a misdemeanor, and upon conviction
thereof shall be fined in any sum not exceeding five hundred
dollars, or by imprisonment in the county jail for a term not
longer than six months, or by both such fine and imprisonment. [1897 c 33 § 1; RRS § 8194.]
Witness refusing to attend legislature or committee or to testify: RCW
9.55.020.
44.16.130
44.16.130 Failure to attend—Contempt. A person
who, being duly summoned to attend as a witness before
either house of the legislature, or any committee or joint committee thereof, or commissioner authorized to summon witnesses, refuses or neglects, without lawful excuse, to attend
pursuant to such summons, shall be punished as for contempt, as hereinafter provided. [1895 c 6 § 11; RRS § 8188.]
44.20.030
44.16.160
44.16.160 Warrant of imprisonment. If any fine is
imposed against any person for contempt, as hereinbefore
provided, he shall stand committed to the county jail of the
county in which the offense was committed until such fine is
paid. The presiding officer of the house, fixing the fine, shall
issue a warrant to the sheriff of the county where the offense
was committed, commanding him to imprison such person in
the county jail until such fine is paid, or until he has been
imprisoned in such jail one day for every three dollars of such
fine. [1895 c 6 § 14; RRS § 8191.]
44.16.170
44.16.170 Record of proceedings. Every such committee shall keep a record of its proceedings under the provisions
of this chapter, which record shall be signed by the chairman
or presiding officer of the committee, and the same returned
to the legislative body by which the committee was
appointed, as a part of the report of such committee. [1895 c
6 § 16; RRS § 8193.]
Chapter 44.20
Chapter 44.20 RCW
SESSION LAWS
Sections
44.20.010
44.20.020
44.20.030
44.20.050
44.20.060
44.20.080
44.20.090
Engrossed bills filed with secretary of state.
Chapter numbers—Bill copies certified, delivered—Citation
by number and year.
Publication of temporary edition.
Headings, index—Publication of permanent edition.
Duty of code reviser in arranging laws.
Private publication restricted.
Legislative records—Preservation.
Distribution of session laws: RCW 40.04.040.
Public printer to print and bind session laws: RCW 43.78.030.
Revised Code of Washington: Chapter 1.04 RCW.
44.20.010
44.16.140
44.16.140 Refusal to testify—Contempt. A person
who, being present before either house of the legislature, or
any committee or joint committee thereof, or commissioner
authorized to summon witnesses, wilfully refuses to be sworn
or affirmed, or to answer any material and proper question, or
to produce, upon reasonable notice, any material and proper
books, papers or documents in his possession or under his
control, shall be punished as for contempt, as hereinafter provided. [1895 c 6 § 12; RRS § 8189.]
44.16.150
44.16.150 Punishment for contempt. Any person
being in contempt, as hereinbefore provided, shall be punished by fine in any sum not less than fifty dollars and not
exceeding one thousand dollars, or by imprisonment in the
county jail in the county where such examination is being
had, for any period of time not extending beyond the legislative session then being held, or by both such fine and imprisonment, as the legislative body which authorized such examination may order. And in case the contempt arises in a joint
proceeding of both houses, or before a joint committee
thereof, the senate shall prescribe the penalty. [1895 c 6 § 13;
RRS § 8190.]
Contempt: Chapter 7.21 RCW.
Witness refusing to attend legislature or committee or to testify: RCW
9.55.020.
(2004 Ed.)
44.20.010 Engrossed bills filed with secretary of
state. Whenever any bill shall have passed both houses, the
house transmitting the enrolled bill to the governor shall also
file with the secretary of state the engrossed bill, together
with the history of such bill up to the time of transmission to
the governor. [1907 c 136 § 1; RRS § 8196.]
Secretary of state to keep record of acts of the legislature: State Constitution
Art. 3 § 17; RCW 43.07.040.
44.20.020
44.20.020 Chapter numbers—Bill copies certified,
delivered—Citation by number and year. Whenever any
bill shall become a law the secretary of state shall number
such bill in the order in which it became a law, commencing
with each session of the legislature, and shall forthwith certify and deliver three copies of such bill to the statute law
committee. Such number shall be in Arabic numerals, and
shall be the chapter number of the act when published. A citation to the chapter number and year of the session laws heretofore or hereafter published shall be a sufficient reference to
the act so designated. [1969 c 6 § 1; 1907 c 136 § 2; RRS §
8197.]
44.20.030
44.20.030 Publication of temporary edition. The statute law committee, after each and every legislative session,
whether regular or extraordinary, shall cause to be reproduced or printed for temporary use separate copies of each act
[Title 44 RCW—page 37]
44.20.050
Title 44 RCW: State Government—Legislative
filed in the office of secretary of state within ten days after the
filing thereof.
The committee shall cause to be reproduced or printed
three thousand copies or such additional number as may be
necessary of temporary bound sets of all acts filed in the
office of secretary of state within seventy-five days after the
final adjournment of the legislature for that year. [1982 1st
ex.s. c 32 § 3; 1969 c 6 § 2; 1961 c 21 § 1; 1933 ex.s. c 31 §
1; 1933 c 27 § 1; 1925 ex.s. c 35 § 1; 1907 c 136 § 3; RRS §
8198.]
Distribution of temporary edition of session laws: RCW 40.04.035.
Statute law committee: Chapter 1.08 RCW.
44.20.050
44.20.050 Headings, index—Publication of permanent edition. When all of the acts of any session of the legislature and initiative measures enacted by the people since
the next preceding session have been certified to the statute
law committee, the code reviser employed by the statute law
committee shall make the proper headings and index of such
acts or laws and, after such work has been completed, the
statute law committee shall have published and bound in
good buckram at least six hundred copies or such additional
copies as may be necessary of such acts and laws, with such
headings and indexes, and such other matter as may be
deemed essential, including a title page showing the session
at which such acts were passed, the date of convening and
adjournment of the session, and any other matter deemed
proper, including a certificate by the secretary of state of such
referendum measures as may have been enacted by the people since the next preceding session. [1982 1st ex.s. c 32 § 4;
1969 c 6 § 4; 1951 c 157 § 18; 1915 c 27 § 1; 1907 c 136 § 5;
RRS § 8200.]
Chapter 44.28
Chapter 44.28 RCW
JOINT LEGISLATIVE AUDIT AND
REVIEW COMMITTEE
(Formerly: Legislative budget committee)
Sections
44.28.005
44.28.010
44.28.020
44.28.030
44.28.040
44.28.050
44.28.055
44.28.060
44.28.065
44.28.071
44.28.075
44.28.080
44.28.083
44.28.088
44.28.091
44.28.094
44.28.097
44.28.100
44.28.110
44.28.120
44.28.130
44.28.150
44.28.155
44.28.161
44.28.800
44.28.900
Definitions.
Committee created—Members.
Terms of members—Vacancies.
Continuation of memberships and powers.
Travel expenses.
Expenses of committee—Vouchers.
Administration.
Executive committee—Legislative auditor—Rules, subcommittees.
Legislative auditor—Duties.
Conduct of performance audits.
Performance audits—Scope.
Powers—Appropriations, expenses, revenues.
Performance audit work plans.
Performance audit reports—Preliminary, final.
Compliance reports—Preliminary and final.
Quality control review of joint committee.
Agency documents furnished to joint committee.
Reports, minutes.
Examinations—Subpoenas—Depositions.
Contempt proceedings—Recalcitrant witnesses.
Witness fees and mileage.
Cooperation with legislative committees and others.
WorkFirst program evaluation.
Legislative transportation committee-directed audits.
Legislation affecting mentally ill persons—Report to legislature.
Severability—1951 c 43.
Director of financial management: Chapter 43.41 RCW.
Loan program for mathematics and science teachers—Review of: RCW
28B.15.766.
Personal service contracts, filing with joint legislative audit and review committee required: Chapter 39.29 RCW.
State budgeting, accounting, and reporting: Chapter 43.88 RCW.
Study of funds related to state transportation programs: RCW 44.40.025.
Distribution of permanent edition of session laws: RCW 40.04.040.
Sunset review process: Chapter 43.131 RCW.
44.20.060
44.20.060 Duty of code reviser in arranging laws. In
arranging the laws, memorials and resolutions for publication, the code reviser is hereby authorized to make such corrections in the orthography, clerical errors and punctuation of
the same as in his judgment shall be deemed essential: PROVIDED, That when any words or clauses shall be inserted,
the same shall be inclosed in brackets; and no correction shall
be made which changes the intent or meaning of any sentence, section or act of the legislature. [1969 c 6 § 5; 1890 p
632 § 8; RRS § 8203.]
44.20.080
44.20.080 Private publication restricted. It shall be
unlawful for any person to print and publish for sale the session laws of any session in book form within one year after
the adjournment of such session, other than those ordered
printed by the statute law committee, or to deliver to anyone
other than such committee or upon their order any of the session laws so ordered printed by them: PROVIDED, This section shall not apply to any general compilation of the laws of
this state or to a compilation of any special laws or laws on
any special subject. [1969 c 6 § 6; 1907 c 136 § 6; RRS §
8201.]
44.20.090
44.20.090 Legislative records—Preservation.
RCW 40.14.100 through 40.14.180.
[Title 44 RCW—page 38]
See
Termination of tax preferences: Chapter 43.136 RCW.
44.28.005
44.28.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Legislative auditor" means the executive officer of
the joint legislative audit and review committee.
(2) "Economy and efficiency audits" means performance
audits that establish: (a) Whether a state agency or unit of
local government receiving state funds is acquiring, protecting, and using its resources such as personnel, property, and
space economically and efficiently; (b) the causes of inefficiencies or uneconomical practices; and (c) whether the state
agency or local government has complied with significant
laws and rules in acquiring, protecting, and using its
resources.
(3) "Final compliance report" means a written document,
as approved by the joint committee, that states the specific
actions a state agency or unit of local government receiving
state funds has taken to implement recommendations contained in the final performance audit report and the preliminary compliance report. Any recommendations, including
proposed legislation and changes in the agency's rules and
practices or the local government's practices, based on testimony received, must be included in the final compliance
report.
(2004 Ed.)
Joint Legislative Audit and Review Committee
(4) "Final performance audit report" means a written
document adopted by the joint legislative audit and review
committee that contains the findings and proposed recommendations made in the preliminary performance audit
report, the final recommendations adopted by the joint committee, any comments to the preliminary performance audit
report by the joint committee, and any comments to the preliminary performance audit report by the state agency or local
government that was audited.
(5) "Joint committee" means the joint legislative audit
and review committee.
(6) "Local government" means a city, town, county, special purpose district, political subdivision, municipal corporation, or quasi-municipal corporation, including a public
corporation created by such an entity.
(7) "Performance audit" means an objective and systematic assessment of a state agency or any of its programs, functions, or activities, or a unit of local government receiving
state funds, by an independent evaluator in order to help public officials improve efficiency, effectiveness, and accountability. Performance audits include economy and efficiency
audits and program audits. A performance audit of a local
government may only be made to determine whether the
local government is using state funds for their intended purpose in an efficient and effective manner.
(8) "Performance measures" are a composite of key indicators of a program's or activity's inputs, outputs, outcomes,
productivity, timeliness, and/or quality. They are means of
evaluating policies and programs by measuring results
against agreed upon program goals or standards.
(9) "Preliminary compliance report" means a written
document that states the specific actions a state agency or unit
of local government receiving state funds has taken to implement any recommendations contained in the final performance audit report.
(10) "Preliminary performance audit report" means a
written document prepared for review and comment by the
joint legislative audit and review committee after the completion of a performance audit. The preliminary performance
audit report must contain the audit findings and any proposed
recommendations to improve the efficiency, effectiveness, or
accountability of the state agency or local government
audited.
(11) "Program audits" means performance audits that
determine: (a) The extent to which desired outcomes or
results are being achieved; (b) the causes for not achieving
intended outcomes or results; and (c) compliance with significant laws and rules applicable to the program.
(12) "State agency" or "agency" means a state agency,
department, office, officer, board, commission, bureau, division, institution, or institution of higher education. "State
agency" includes all elective offices in the executive branch
of state government. [1996 c 288 § 2.]
Findings and intent—1996 c 288: "The public expects the legislature
to address citizens' increasing demand for the basic services of state government, while limiting the growth in spending. The public demands that public
officials and state employees be accountable to provide maximum value for
every dollar entrusted to state government. The public believes that it is possible to improve the responsiveness of state government and to save the taxpayers' money, and that efficiency and effectiveness should result in savings.
The legislature, public officials, state employees, and citizens need to
know the extent to which state agencies, programs, and activities are achiev(2004 Ed.)
44.28.020
ing the purposes for which they were created. It is essential to compare the
conditions, problems, and priorities that led to the creation of government
programs with current conditions, problems, and priorities, and to examine
the need for and performance of those programs in the current environment.
Along with examining the performance of state agencies and programs,
the legislature, public officials, state employees, and citizens must also consider the effect that state government programs can reasonably expect to
have on citizens' lives, how the level of programs and services of Washington state government compares with that of other states, and alternatives for
service delivery, including other levels of government and the private sector
including not-for-profit organizations. It is essential that the legislature, public officials, state employees, and citizens share a common understanding of
the role of state government. The performance and relative priority of state
agency programs and activities must be the basis for managing and allocating resources within Washington state government.
It is the intent of the legislature to strengthen the role of the current legislative budget committee so that it may more effectively examine how efficiently state agencies perform their responsibilities and whether the agencies
are achieving their goals, and whether units of local government are using
state funds for their intended purpose in an efficient and effective manner. It
is also the intent of the legislature to enact a clear set of definitions for different types of audits in order to eliminate confusion with regard to government
reviews." [1996 c 288 § 1.]
44.28.010
44.28.010 Committee created—Members. The joint
legislative audit and review committee is created, which shall
consist of eight senators and eight representatives from the
legislature. The senate members of the committee shall be
appointed by the president of the senate, and the house members of the committee shall be appointed by the speaker of the
house. Not more than four members from each house shall be
from the same political party. Members shall be appointed
before the close of each regular session of the legislature during an odd-numbered year. If before the close of a regular
session during an odd-numbered year, the governor issues a
proclamation convening the legislature into special session,
or the legislature by resolution convenes the legislature into
special session, following such regular session, then such
appointments shall be made as a matter of closing business of
such special session. Members shall be subject to confirmation, as to the senate members by the senate, and as to the
house members by the house. In the event of a failure to
appoint or confirm joint committee members, the members of
the joint committee from either house in which there is a failure to appoint or confirm shall be elected by the members of
such house. [1996 c 288 § 3; 1983 c 52 § 1; 1980 c 87 § 30;
1969 c 10 § 4; 1967 ex.s. c 114 § 1; 1963 ex.s. c 20 § 1; 1955
c 206 § 4; 1951 c 43 § 1.]
44.28.020
44.28.020 Terms of members—Vacancies. The term
of office of the members of the joint committee who continue
to be members of the senate and house shall be from the close
of the session in which they were appointed or elected as provided in RCW 44.28.010 until the close of the next regular
session during an odd-numbered year or special session following such regular session, or, in the event that such
appointments or elections are not made, until the close of the
next regular session during an odd-numbered year during
which successors are appointed or elected. The term of office
of joint committee members who do not continue to be members of the senate and house ceases upon the convening of the
next regular session of the legislature during an odd-numbered year after their confirmation, election or appointment.
Vacancies on the joint committee shall be filled by appointment by the remaining members. All such vacancies shall be
[Title 44 RCW—page 39]
44.28.030
Title 44 RCW: State Government—Legislative
filled from the same political party and from the same house
as the member whose seat was vacated. [1996 c 288 § 4;
1980 c 87 § 31; 1969 c 10 § 5; 1955 c 206 § 5; 1951 c 43 §
12.]
44.28.030
44.28.030 Continuation of memberships and powers.
On and after the commencement of a succeeding general session of the legislature, those members of the joint committee
who continue to be members of the senate and house, respectively, shall continue as members of the joint committee as
indicated in RCW 44.28.020 and the joint committee shall
continue with all its powers, duties, authorities, records,
papers, personnel and staff, and all funds made available for
its use. [1996 c 288 § 5; 1955 c 206 § 6; 1951 c 43 § 13.]
44.28.040
44.28.040 Travel expenses. The members of the joint
committee shall serve without additional compensation, but
shall be reimbursed for their travel expenses in accordance
with RCW 44.04.120 for attending meetings of the joint committee or a subcommittee of the joint committee, or while
engaged on other business authorized by the joint committee.
[1996 c 288 § 6; 1975-'76 2nd ex.s. c 34 § 134; 1951 c 43 §
14.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
44.28.050
44.28.050 Expenses of committee—Vouchers. All
expenses incurred by the committee, including salaries and
expenses of employees, shall be paid upon voucher forms as
provided by the auditor. The legislative auditor may be
authorized by the *legislative budget committee's executive
committee to sign vouchers. Such authorization shall specify
a dollar limitation and be set out in writing. A monthly report
of such vouchers shall be submitted to the executive committee. If authorization is not given to the legislative auditor then
the chair, or the vice-chair in the chair's absence, is authorized to sign vouchers. This authority shall continue until the
chair's or vice-chair's successors are selected after each ensuing session of the legislature. Vouchers may be drawn on
funds appropriated generally by the legislature for legislative
expenses or upon any special appropriation which may be
provided by the legislature for the expenses of the committee
or both. [1989 c 137 § 1; 1955 c 206 § 7; 1951 c 43 § 15.]
*Reviser's note: The "legislative budget committee" was redesignated
the "joint legislative audit and review committee" by 1996 c 288 § 3.
Vouchers on public funds: Chapter 42.24 RCW.
44.28.055
44.28.055 Administration. The administration of the
joint legislative audit and review committee is subject to
RCW 44.04.260. [2001 c 259 § 2.]
44.28.060
44.28.060 Executive committee—Legislative auditor—Rules, subcommittees. The members of the joint committee shall form an executive committee consisting of one
member from each of the four major political caucuses,
which shall include a chair and a vice-chair. The chair and
vice-chair shall serve for a period not to exceed two years.
The chair and the vice-chair may not be members of the same
political party. The chair shall alternate between the members
[Title 44 RCW—page 40]
of the majority parties in the senate and the house of representatives.
Subject to RCW 44.04.260, the executive committee is
responsible for performing all general administrative and personnel duties assigned to it in the rules and procedures
adopted by the joint committee, as well as other duties delegated to it by the joint committee. The executive committee
shall recommend applicants for the position of the legislative
auditor to the membership of the joint committee. The legislative auditor shall be hired with the approval of a majority of
the membership of the joint committee. Subject to RCW
44.04.260, the executive committee shall set the salary of the
legislative auditor.
The joint committee shall adopt rules and procedures for
its orderly operation. The joint committee may create subcommittees to perform duties under this chapter. [2001 c 259
§ 3; 1996 c 288 § 7; 1975 1st ex.s. c 293 § 13; 1951 c 43 § 2.]
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
44.28.065
44.28.065 Legislative auditor—Duties. The legislative auditor shall:
(1) Establish and manage the office of the joint legislative audit and review committee to carry out the functions of
this chapter;
(2) Direct the audit and review functions described in
this chapter and ensure that performance audits are performed in accordance with the "Government Auditing Standards" published by the comptroller general of the United
States as applicable to the scope of the audit;
(3) Make findings and recommendations to the joint
committee and under its direction to the committees of the
state legislature concerning the organization and operation of
state agencies and the expenditure of state funds by units of
local government;
(4) Subject to RCW 44.04.260, in consultation with and
with the approval of the executive committee, hire staff necessary to carry out the purposes of this chapter. Subject to
RCW 44.04.260, employee salaries, other than the legislative
auditor, shall be set by the legislative auditor with the
approval of the executive committee;
(5) Assist the several standing committees of the house
and senate in consideration of legislation affecting state
departments and their efficiency; appear before other legislative committees; and assist any other legislative committee
upon instruction by the joint legislative audit and review
committee;
(6) Provide the legislature with information obtained
under the direction of the joint legislative audit and review
committee;
(7) Maintain a record of all work performed by the legislative auditor under the direction of the joint legislative audit
and review committee and keep and make available all documents, data, and reports submitted to the legislative auditor
by any legislative committee. [2001 c 259 § 4; 1996 c 288 §
8; 1975 1st ex.s. c 293 § 17; 1955 c 206 § 9; 1951 c 43 § 11.
Formerly RCW 44.28.140.]
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
(2004 Ed.)
Joint Legislative Audit and Review Committee
44.28.071 Conduct of performance audits. (1) In conducting performance audits and other reviews, the legislative
auditor shall work closely with the chairs and staff of standing committees of the senate and house of representatives,
and may work in consultation with the state auditor and the
director of financial management.
(2) The legislative auditor may contract with and consult
with public and private independent professional and technical experts as necessary in conducting the performance
audits. The legislative auditor should also involve front-line
employees and internal auditors in the performance audit process to the highest possible degree.
(3) The legislative auditor shall work with the legislative
evaluation and accountability program committee and the
office of financial management to develop information system capabilities necessary for the performance audit requirements of this chapter.
(4) The legislative auditor shall work with the legislative
office of performance review and the office of financial management to facilitate the implementation of effective performance measures throughout state government. In agencies
and programs where effective systems for performance measurement exist, the measurements incorporated into those
systems should be a basis for performance audits conducted
under this chapter. [1996 c 288 § 9.]
44.28.071
44.28.075
44.28.075 Performance audits—Scope. (1) Subject to
the requirements of the performance audit work plan
approved by the joint committee under RCW 44.28.083, performance audits may, in addition to the determinations that
may be made in such an audit as specified in RCW 44.28.005,
include the following:
(a) An examination of the costs and benefits of agency
programs, functions, and activities;
(b) Identification of viable alternatives for reducing costs
or improving service delivery;
(c) Identification of gaps and overlaps in service delivery, along with corrective action; and
(d) Comparison with other states whose agencies perform similar functions, as well as their relative funding levels
and performance.
(2) As part of a performance audit, the legislative auditor
may review the costs of programs recently implemented by
the legislature to compare actual agency costs with the appropriations provided and the cost estimates that were included
in the fiscal note for the program at the time the program was
enacted. [1996 c 288 § 10.]
44.28.080 Powers—Appropriations, expenses, revenues. The joint committee has the following powers:
(1) To make examinations and reports concerning
whether or not appropriations are being expended for the purposes and within the statutory restrictions provided by the
legislature; and concerning the organization and operation of
procedures necessary or desirable to promote economy, efficiency, and effectiveness in state government, its officers,
boards, committees, commissions, institutions, and other
state agencies, and to make recommendations and reports to
the legislature.
(2) To make such other studies and examinations of
economy, efficiency, and effectiveness of state government
44.28.080
(2004 Ed.)
44.28.083
and its state agencies as it may find advisable, and to hear
complaints, hold hearings, gather information, and make
findings of fact with respect thereto.
(3) To conduct program and fiscal reviews of any state
agency or program scheduled for termination under the process provided under chapter 43.131 RCW.
(4) To perform other legislative staff studies of state government or the use of state funds.
(5) To conduct performance audits in accordance with
the work plan adopted by the joint committee under *RCW
44.28.180.
(6) To receive a copy of each report of examination or
audit issued by the state auditor for examinations or audits
that were conducted at the request of the joint committee and
to make recommendations as it deems appropriate as a separate addendum to the report or audit.
(7) To develop internal tracking procedures that will
allow the legislature to measure the effectiveness of performance audits conducted by the joint committee including,
where appropriate, measurements of cost-savings and
increases in efficiency and effectiveness in how state agencies deliver their services.
(8) To receive messages and reports in person or in writing from the governor or any other state officials and to study
generally any and all business relating to economy, efficiency, and effectiveness in state government and state agencies. [1996 c 288 § 11; 1975 1st ex.s. c 293 § 14; 1955 c 206
§ 10; 1951 c 43 § 4.]
*Reviser's note: RCW 44.28.180 was recodified as RCW 44.28.083
pursuant to 1996 c 288 § 55.
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
44.28.083
44.28.083 Performance audit work plans. (1) During
the regular legislative session of each odd-numbered year,
beginning with 1997, the joint legislative audit and review
committee shall develop and approve a performance audit
work plan for the subsequent sixteen to twenty-four-month
period and an overall work plan that identifies state agency
programs for which formal evaluation appears necessary.
Among the factors to be considered in preparing the work
plans are:
(a) Whether a program newly created or significantly
altered by the legislature warrants continued oversight
because (i) the fiscal impact of the program is significant, or
(ii) the program represents a relatively high degree of risk in
terms of reaching the stated goals and objectives for that program;
(b) Whether implementation of an existing program has
failed to meet its goals and objectives by any significant
degree; and
(c) Whether a follow-up audit would help ensure that
previously identified recommendations for improvements
were being implemented.
(2) The project description for each performance audit
must include start and completion dates, the proposed
approach, and cost estimates.
(3) The legislative auditor may consult with the chairs
and staff of appropriate legislative committees, the state auditor, and the director of financial management in developing
the performance audit work plan.
[Title 44 RCW—page 41]
44.28.088
Title 44 RCW: State Government—Legislative
(4) The performance audit work plan and the overall
work plan may include proposals to employ contract
resources. As conditions warrant, the performance audit work
plan and the overall work plan may be amended from time to
time. All performance audit work plans shall be transmitted
to the appropriate fiscal and policy committees of the senate
and the house of representatives no later than the sixtieth day
of the regular legislative session of each odd-numbered year,
beginning with 1997. All overall work plans shall be transmitted to the appropriate fiscal and policy committees of the
senate and the house of representatives. [1996 c 288 § 12;
1993 c 406 § 5. Formerly RCW 44.28.180.]
Short title—1993 c 406: See note following RCW 43.88.020.
tee of the legislative transportation committee must be
included as a separate addendum to the final performance
audit report. Upon consideration and incorporation of the
review and comments of the executive committee of the joint
committee and executive committee of the legislative transportation committee, the legislative auditor shall transmit the
final performance audit report to the affected agency or local
government, the director of financial management, the leadership of the senate and the house of representatives, and the
appropriate standing committees of the house of representatives and the senate and shall publish the results and make the
report available to the public. [2003 c 362 § 14; 1996 c 288
§ 13.]
Effective date—2003 c 362: See RCW 44.75.901.
44.28.088
44.28.088 Performance audit reports—Preliminary,
final. (1) When the legislative auditor has completed a performance audit authorized in the performance audit work
plan, the legislative auditor shall transmit the preliminary
performance audit report to the affected state agency or local
government and the office of financial management for comment. The agency or local government and the office of
financial management shall provide any response to the legislative auditor within thirty days after receipt of the preliminary performance audit report unless a different time period
is approved by the joint committee. The legislative auditor
shall incorporate the response of the agency or local government and the office of financial management into the final
performance audit report.
(2) Except as provided in subsection (3) of this section,
before releasing the results of a performance audit to the legislature or the public, the legislative auditor shall submit the
preliminary performance audit report to the joint committee
for its review, comments, and final recommendations. Any
comments by the joint committee must be included as a separate addendum to the final performance audit report. Upon
consideration and incorporation of the review, comments,
and recommendations of the joint committee, the legislative
auditor shall transmit the final performance audit report to the
affected agency or local government, the director of financial
management, the leadership of the senate and the house of
representatives, and the appropriate standing committees of
the house of representatives and the senate and shall publish
the results and make the report available to the public. For
purposes of this section, "leadership of the senate and the
house of representatives" means the speaker of the house, the
majority leaders of the senate and the house of representatives, the minority leaders of the senate and the house of representatives, the caucus chairs of both major political parties
of the senate and the house of representatives, and the floor
leaders of both major political parties of the senate and the
house of representatives.
(3) Before releasing the results of a performance audit
originally requested by the executive committee of the legislative transportation committee to the legislature or the public, the legislative auditor shall submit the preliminary performance audit report to the executive committee of the joint
committee and the executive committee of the legislative
transportation committee for review and comments solely on
the management of the audit. Any comments by the executive committee of the joint committee and executive commit[Title 44 RCW—page 42]
44.28.091
44.28.091 Compliance reports—Preliminary and
final. (1) No later than nine months after the final performance audit has been transmitted by the joint committee to
the appropriate standing committees of the house of representatives and the senate, the joint committee in consultation
with the standing committees may produce a preliminary
compliance report on the agency's or local government's
compliance with the final performance audit recommendations. The agency or local government may attach its comments to the joint committee's preliminary compliance report
as a separate addendum.
(2) Within three months after the issuance of the preliminary compliance report, the joint committee may hold at
least one public hearing and receive public testimony regarding the findings and recommendations contained in the preliminary compliance report. The joint committee may waive
the public hearing requirement if the preliminary compliance
report demonstrates that the agency or local government is in
compliance with the audit recommendations. The joint committee shall issue any final compliance report within four
weeks after the public hearing or hearings. The legislative
auditor shall transmit the final compliance report in the same
manner as a final performance audit is transmitted under
RCW 44.28.088. [1996 c 288 § 14.]
44.28.094
44.28.094 Quality control review of joint committee.
Subject to the joint committee's approval, the office of the
joint committee shall undergo an external quality control
review within three years of June 6, 1996, and at regular
intervals thereafter. The review must be conducted by an
independent organization that has experience in conducting
performance audits. The quality control review must include,
at a minimum, an evaluation of the quality of the audits conducted by the joint committee, an assessment of the audit procedures used by the joint committee, and an assessment of the
qualifications of the joint committee staff to conduct performance audits. [1996 c 288 § 15.]
44.28.097
44.28.097 Agency documents furnished to joint committee. All agency reports concerning program performance,
including administrative review, quality control, and other
internal audit or performance reports, as requested by the
joint committee, shall be furnished by the agency requested
to provide such report. [1996 c 288 § 18; 1973 1st ex.s. c 197
§ 2. Formerly RCW 44.28.087.]
(2004 Ed.)
Joint Legislative Audit and Review Committee
44.28.100
44.28.100 Reports, minutes. The joint committee may
make reports from time to time to the members of the legislature and to the public with respect to any of its findings or
recommendations. The joint committee shall keep complete
minutes of its meetings. [1996 c 288 § 19; 1987 c 505 § 45;
1975 1st ex.s. c 293 § 16; 1951 c 43 § 6.]
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
44.28.110
44.28.110 Examinations—Subpoenas—Depositions.
In the discharge of any duty herein imposed, the committee
or any personnel under its authority and its subcommittees
shall have the authority to examine and inspect all properties,
equipment, facilities, files, records and accounts of any state
office, department, institution, board, committee, commission or agency, and to administer oaths, issue subpoenas,
compel the attendance of witnesses and the production of any
papers, books, accounts, documents and testimony, and to
cause the deposition of witnesses, either residing within or
without the state, to be taken in the manner prescribed by
laws for taking depositions in civil actions in the superior
courts. [1955 c 206 § 8; 1951 c 43 § 8.]
Depositions: Rules of court: CR 26 through 37.
44.28.120
44.28.120 Contempt proceedings—Recalcitrant witnesses. In case of the failure on the part of any person to
comply with any subpoena issued in behalf of the joint committee, or on the refusal of any witness to testify to any matters regarding which he or she may be lawfully interrogated,
it shall be the duty of the superior court of any county, or of
the judge thereof, on application of the joint committee, to
compel obedience by proceedings for contempt, as in the case
of disobedience of the requirements of a subpoena issued
from such court or a refusal to testify therein. [1996 c 288 §
20; 1951 c 43 § 9.]
Contempt: Chapter 7.21 RCW.
Legislative inquiry: Chapter 44.16 RCW.
Witness refusing to attend legislature or committee or to testify: RCW
9.55.020.
44.28.130
44.28.130 Witness fees and mileage. Each witness
who appears before the joint committee by its order, other
than a state official or employee, shall receive for his or her
attendance the fees and mileage provided for witnesses in
civil cases in courts of record, which shall be audited and paid
upon the presentation of proper vouchers signed by such witness, verified by the legislative auditor, and approved by the
chair and the vice-chair of the joint committee. [1996 c 288
§ 21; 1951 c 43 § 10.]
Witness fees and mileage: Chapter 2.40 RCW.
44.28.150
44.28.150 Cooperation with legislative committees
and others. The joint committee shall cooperate, act, and
function with legislative committees and with the councils or
committees of other states similar to this joint committee and
with other interstate research organizations. [1996 c 288 §
22; 1975 1st ex.s. c 293 § 18; 1951 c 43 § 7.]
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
(2004 Ed.)
44.28.800
44.28.155
44.28.155 WorkFirst program evaluation. (1) The
joint legislative audit and review committee shall conduct an
evaluation of the effectiveness of the WorkFirst program
described in chapter 58, Laws of 1997, including the job
opportunities and basic skills training program and any
approved private, county, or local government WorkFirst
program. The evaluation shall assess the success of the program in assisting clients to become employed and to reduce
their use of temporary assistance for needy families. The
study shall include but not be limited to the following:
(a) An assessment of employment outcomes, including
hourly wages, hours worked, and total earnings, for clients;
(b) A comparison of temporary assistance for needy families outcomes, including grant amounts and program exits,
for clients; and
(c) An audit of the performance-based contract for each
private nonprofit contractor for job opportunities and basic
skills training program services. The joint legislative audit
and review committee may contract with the Washington
institute for public policy for appropriate portions of the evaluation required by this section.
(2) Administrative data shall be provided by the department of social and health services, the employment security
department, the state board for community and technical colleges, local governments, and private contractors. The
department of social and health services shall require contractors to provide administrative and outcome data needed
for this study as a condition of contract compliance. [1997 c
58 § 705.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
44.28.161
44.28.161 Legislative transportation committeedirected audits. In addition to any other audits developed or
included in the audit work plan under this chapter, the legislative auditor shall manage audits directed by the executive
committee of the legislative transportation committee under
RCW 44.75.080. If directed to perform or contract for audit
services under RCW 44.75.080, the legislative auditor or
joint legislative audit and review committee will receive from
the legislative transportation committee an interagency reimbursement equal to the cost of the contract or audit services.
[2003 c 362 § 13.]
Effective date—2003 c 362: See RCW 44.75.901.
44.28.800
44.28.800 Legislation affecting mentally ill persons—
Report to legislature. The joint legislative audit and review
committee shall conduct an evaluation of the efficiency and
effectiveness of chapter 297, Laws of 1998 in meeting its
stated goals. Such an evaluation shall include the operation of
the state mental hospitals and the regional support networks,
as well as any other appropriate entity. The joint legislative
audit and review committee shall prepare an interim report of
its findings which shall be delivered to the appropriate legislative committees of the house of representatives and the senate no later than September 1, 2000. In addition, the joint legislative audit and review committee shall prepare a final
report of its findings which shall be delivered to the appropri[Title 44 RCW—page 43]
44.28.900
Title 44 RCW: State Government—Legislative
ate legislative committees of the house of representatives and
the senate no later than January 1, 2001. [1998 c 297 § 61.]
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
44.39.020
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
44.28.900 Severability—1951 c 43. If any section, subsection, paragraph or provision of this chapter shall be held
invalid by any court for any reason, such invalidity shall not
in any way affect the validity of the remainder of this chapter.
[1951 c 43 § 16.]
44.28.900
44.39.020 Terms. Members shall serve until their successors are installed as provided in RCW 44.39.015, as now
or hereafter amended, at the next succeeding regular session
of the legislature during an odd-numbered year, or until they
are no longer members of the legislature, whichever is
sooner. [1980 c 87 § 38; 1977 ex.s. c 328 § 15; 1969 ex.s. c
260 § 3.]
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
44.39.025
Chapter 44.39 RCW
JOINT COMMITTEE ON ENERGY SUPPLY
Chapter 44.39
(Formerly: Joint committee on energy and utilities)
Sections
44.39.010
44.39.015
44.39.020
44.39.025
44.39.038
44.39.039
44.39.045
44.39.050
44.39.060
44.39.070
Committee created.
Composition—Appointment of members.
Terms.
Vacancies.
Study of state building code relating to energy.
Statewide thermal efficiency and lighting code—Adoption by
state building code council.
Expenses and per diem.
Payment of expenses—Vouchers.
Examinations—Subpoenas—Depositions—Contempt proceedings—Witness fees.
Meetings—Energy supply alert or energy emergency—
Duties.
Energy supply emergencies, alerts: Chapter 43.21G RCW.
44.39.010
44.39.010 Committee created. There is hereby created
the joint committee on energy supply of the legislature of the
state of Washington. [2001 c 214 § 30; 1977 ex.s. c 328 § 13;
1969 ex.s. c 260 § 1.]
Severability—Effective date—2001 c 214: See notes following RCW
80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
44.39.015 Composition—Appointment of members.
The committee shall consist of four senators and four representatives who shall be selected biennially as follows:
(1) The president of the senate shall appoint four members from the senate to serve on the committee, including the
chair of the committee responsible for energy issues. Two
members from each major political party must be appointed.
(2) The speaker or co-speakers of the house of representatives shall appoint four members from the house of representatives to serve on the committee, including the chair or
co-chairs of the committee responsible for energy issues.
Two members from each major political party must be
appointed.
(3) The committee shall elect a chair and a vice-chair.
The chair shall be a member of the house of representatives in
even-numbered years and a member of the senate in oddnumbered years. In the case of a tie in the membership of the
house of representatives in an even-numbered year, the committee shall elect co-chairs from the house of representatives
in that year. [2001 c 214 § 31; 1977 ex.s. c 328 § 14; 1969
ex.s. c 260 § 2.]
44.39.025 Vacancies. The presiding officer of the
appropriate legislative chamber shall fill any vacancies
occurring on the committee by appointment from the same
political party as the departing member. Notwithstanding the
provisions of RCW 44.39.015 as now or hereafter amended,
any such appointee shall be deemed installed as a member
upon appointment. Members filling vacancies shall serve
until they or their successors are installed as provided in
RCW 44.39.015, as now or hereafter amended, or until they
are no longer members of the legislature, whichever is
sooner. [1977 ex.s. c 328 § 16; 1969 ex.s. c 260 § 4.]
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
44.39.038
44.39.038 Study of state building code relating to
energy. The senate and house committees on energy and
utilities shall make continuing studies of the state building
code as it relates to energy consumption, conservation and
retention and shall submit their recommendations concerning
such to the legislature periodically. [1977 ex.s. c 14 § 13.]
Severability—1977 ex.s. c 14: See RCW 19.27.905.
Energy-related building standards: Chapter 19.27A RCW.
44.39.039
44.39.039 Statewide thermal efficiency and lighting
code—Adoption by state building code council. See
RCW 19.27A.020.
44.39.015
Severability—Effective date—2001 c 214: See notes following RCW
80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
[Title 44 RCW—page 44]
44.39.045
44.39.045 Expenses and per diem. The members of
the committee shall serve without compensation, but shall be
reimbursed for their expenses incurred while attending sessions of the committee or any subcommittee of the committee, or while engaged in other committee business authorized
by the committee, as provided for in RCW 44.04.120. [1969
ex.s. c 260 § 8.]
44.39.050
44.39.050 Payment of expenses—Vouchers. All
expenses incurred by the committee, including salaries and
expenses of employees, shall be paid upon voucher forms as
provided by the director of financial management and signed
by the chairman of the committee. Vouchers may be drawn
upon funds appropriated generally by the legislature for legislative expenses or upon any special appropriation which
may be provided by the legislature for the expenses of the
committee. [1979 c 151 § 156; 1969 ex.s. c 260 § 9.]
44.39.060
44.39.060 Examinations—Subpoenas—Depositions—Contempt proceedings—Witness fees. In the discharge of any duty imposed by this chapter, the committee or
any personnel acting under its direction shall have the authority to examine and inspect all properties, equipment, facili(2004 Ed.)
Legislative Transportation Committee—Senate and House Transportation Committees
ties, files, records, and accounts of any state office, department, institution, board, committee, commission, or agency;
to administer oaths; and to issue subpoenas, upon approval of
a majority of the members of the house or senate rules committee, to compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony, and to cause the deposition of witnesses, either residing within or without the state, to be taken in the manner
prescribed by law for taking depositions in civil actions in the
superior courts.
In case of the failure of any person to comply with any
subpoena issued in behalf of the committee, or on the refusal
of any witness to testify to any matters regarding which he
may be lawfully interrogated, it shall be the duty of the superior court of any county, or of the judge thereof, on application of the committee, to compel obedience by proceedings
for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to
testify therein.
Each witness who appears before the committee by its
order, other than a state official or employee, shall receive for
his attendance the fees and mileage provided for witnesses in
civil cases in courts of record, which shall be audited and paid
upon the presentation of proper vouchers signed by such witness and approved by the chairman of the committee. [1977
ex.s. c 328 § 17.]
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
days and the findings upon which such request is based; (b)
receive any request from the governor for subsequent extensions of the condition of energy supply alert for an additional
period of time not to exceed one hundred twenty consecutive
days and the findings upon which such a request is based; and
(c) either approve or disapprove the requested extensions.
When approving a request, the committee may specify a
longer period than requested, up to ninety days for initial
extensions and one hundred twenty days for additional extensions.
(4) During a condition of energy emergency the committee shall: (a) Receive any request from the governor for an
extension of the condition of energy emergency for an additional period of time not to exceed forty-five consecutive
days and the finding upon which any such request is based;
(b) receive any request from the governor for subsequent
extensions of the condition of energy emergency for an additional period of time not to exceed sixty consecutive days and
the findings upon which such a request is based; and (c)
either approve or disapprove the requested extensions. When
approving a request, the committee may specify a longer
period than requested, up to forty-five days for initial extensions and sixty days for additional extensions. [2002 c 192 §
1; 1977 ex.s. c 328 § 18.]
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
Chapter 44.40
44.39.070
44.39.070 Meetings—Energy supply alert or energy
emergency—Duties. (1) The committee shall meet and
function at the following times: (a) At least once per year or
at anytime upon the call of the chair to receive information
related to the state or regional energy supply situation; (b)
during a condition of energy supply alert or energy emergency; and (c) upon the call of the chair, in response to gubernatorial action to terminate such a condition. Upon the declaration by the governor of a condition of energy supply alert or
energy emergency, the committee on energy supply shall
meet to receive any plans proposed by the governor for programs, controls, standards, and priorities for the production,
allocation, and consumption of energy during any current or
anticipated condition of energy supply alert or energy emergency, any proposed plans for the suspension or modification
of existing rules of the Washington Administrative Code, and
any other relevant matters the governor deems desirable. The
committee shall review such plans and matters and shall
transmit its recommendations to the governor for review. The
committee may review any voluntary programs or local or
regional programs for the production, allocation, or consumption of energy which have been submitted to the committee.
(2) The committee shall receive any request from the
governor for the approval of a declaration of a condition of
energy emergency as provided in RCW 43.21G.040 as now
or hereafter amended and shall either approve or disapprove
such request.
(3) During a condition of energy supply alert, the committee shall: (a) Receive any request from the governor for
an extension of the condition of energy supply alert for an
additional period of time not to exceed ninety consecutive
(2004 Ed.)
44.40.010
Chapter 44.40 RCW
LEGISLATIVE TRANSPORTATION
COMMITTEE—SENATE AND HOUSE
TRANSPORTATION COMMITTEES
Sections
44.40.010
44.40.013
44.40.015
44.40.020
44.40.025
44.40.030
44.40.040
44.40.070
44.40.080
44.40.090
44.40.100
44.40.120
44.40.140
44.40.150
44.40.161
Creation—Composition—Appointments—Vacancies—
Rules.
Administration.
Executive committee—Selection—Duties.
Powers, duties, and studies.
Study of transportation-related funds or accounts—Coordination of activities.
Participation in activities of other organizations.
Members' allowances—Procedure for payment of committee's
expenses.
State transportation agencies—Comprehensive programs and
financial plans.
State transportation agencies—Recommended budget—Preparation and presentation—Contents.
Delegation of powers and duties to senate and house transportation committees.
Contracts and programs authorized.
Periodic review of plans for bicycle, pedestrian, and equestrian
facilities.
Review of policy on fees imposed on nonpolluting fuels—
Report.
Study—Recommendations for consideration—Staffing.
Audit review of transportation-related agencies.
Review of rules for private carrier drivers: RCW 46.73.010.
Study reports available to legislators: RCW 47.01.145.
44.40.010
44.40.010 Creation—Composition—Appointments—Vacancies—Rules. The joint fact-finding committee on highways, streets, and bridges originally created by
chapter 111, Laws of 1947, re-created and renamed the joint
committee on highways by chapter 3, Laws of 1963 extraordinary session, is hereby re-created and renamed the legislative transportation committee. The renaming of said committee shall not affect any powers invested in it or its duties
[Title 44 RCW—page 45]
44.40.013
Title 44 RCW: State Government—Legislative
imposed upon it by any other statute. All appropriations made
to the committee under its former name shall continue to be
available to said committee as renamed, the legislative transportation committee. The committee shall consist of twelve
senators to be appointed by the president of the senate and
twelve members of the house of representatives to be
appointed by the speaker thereof. Not more than six members
from each house may be from the same political party. A list
of appointees shall be submitted before the close of each regular legislative session during an odd-numbered year or any
successive special session convened by the governor or the
legislature prior to the close of such regular session or successive special session(s) for confirmation of senate members,
by the senate, and house members, by the house. Vacancies
occurring shall be filled by the appointing authority. All
vacancies must be filled from the same political party and
from the same house as the member whose seat was vacated.
On May 27, 1999, the president of the senate shall
appoint an additional senate member as provided by the 1999
amendment of this section. With the appointment of the additional member, the terms of officers elected before May 27,
1999, are terminated, and the committee shall hold a new
election of officers.
The committee shall adopt rules and procedures for its
orderly operation. [1999 sp.s. c 1 § 616; 1980 c 87 § 39; 1971
ex.s. c 195 § 1; 1967 ex.s. c 145 § 68; 1965 ex.s. c 170 § 64;
1963 ex.s. c 3 § 35.]
Severability—Effective date—1999 sp.s. c 1: See notes following
RCW 43.19.1906.
Severability—1971 ex.s. c 195: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other circumstances is not affected." [1971 ex.s. c 195 § 21.]
44.40.013
44.40.013 Administration. The administration of the
legislative transportation committee is subject to RCW
44.04.260. [2001 c 259 § 5.]
44.40.015
44.40.015 Executive committee—Selection—Duties.
The members of the legislative transportation committee
shall form an executive committee consisting of two members from each of the four major political caucuses, which
will include the chair and vice-chair of the legislative transportation committee. There will be four alternates to the
executive committee, one from each of the four major political caucuses. Each alternate may represent a member from
the same political caucus from which they were chosen when
that member is absent, and have voting privileges during that
absence.
Subject to RCW 44.04.260, the executive committee is
responsible for performing all general administrative and personnel duties assigned to it in the rules and procedures
adopted by the committee, determining the number of legislative transportation committee staff, and other duties delegated to it by the committee. Except when those responsibilities are assumed by the legislative transportation committee,
and subject to RCW 44.04.260, the executive committee is
responsible for adopting interim work plans and meeting
schedules, approving all contracts signed on behalf of the
committee, and setting policies for legislative transportation
[Title 44 RCW—page 46]
committee staff utilization. [2001 c 259 § 6; 1999 sp.s. c 1 §
617.]
Severability—Effective date—1999 sp.s. c 1: See notes following
RCW 43.19.1906.
44.40.020
44.40.020 Powers, duties, and studies. (1) The committee is authorized and directed to continue its studies and
for that purpose shall have the powers set forth in chapter
111, Laws of 1947. The committee is further authorized to
make studies related to bills assigned to the house and senate
transportation committees and such other studies as provided
by law. The executive committee of the committee may
assign responsibility for all or part of the conduct of studies to
the house and/or senate transportation committees.
(2) The committee may review and approve franchise
agreements entered into by the department of transportation
under *RCW 43.51.113. [1996 c 129 § 9; 1977 ex.s. c 235 §
5; 1975 1st ex.s. c 268 § 1; 1963 ex.s. c 3 § 36.]
*Reviser's note: RCW 43.51.113 was recodified as RCW 79A.05.125
pursuant to 1999 c 249 § 1601.
Intent—Effective date—Severability—1996 c 129: See notes following RCW 79A.05.115.
Powers set forth in chapter 111, Laws of 1947: "Sec. 2. The committee is hereby authorized and directed to ascertain, study and analyze all available facts and matters relating or pertaining to: (a) A study of the policies
relating to and the cost of the administration, operation, construction and
maintenance of public highways and streets of the state, with recommendations for such changes as may be deemed necessary;
(b) the need for and cost of bringing the highways and streets in the
state to acceptable standards, the cost of maintaining them in such condition,
the need and cost of expanding the highway and street systems of the state to
meet the increasing demands for travel and the demands arising from the
changing economic and industrial development, and the determination of
long-range programs to provide the needed construction;
(c) the making of a study of motor vehicle taxation including the
assignment of the total highway costs among property owners, general taxpayers and highway users;
(d) the determination of the portion of highway and street operation
and construction costs assignable to the various highway users and classes of
users so that all vehicles and classes of vehicles shall bear their fair share of
such costs;
(e) the determination of the tax basis and rates to be exacted from each
vehicle or user;
(f) a determination of what roads should be included in the state highway system and what changes should be made in the existing system;
(g) other studies of motor vehicle transport economics including but
not limited to the inspection of motor vehicles to insure the safety of operation upon the highways, the control of loads and weights for the protection of
the highway and street investments, and a study of such other factors and
conditions as may appear necessary;
(h) the revision of any and all laws bearing upon or relating to the subject of this resolution together with the committee's recommendations for
appropriate legislation. [1947 c 111 § 2.]
Sec. 3. The committee is authorized to act during this session of the
legislature, including any recess, and after final adjournment until the commencement of the next regular session. It shall file a final report not later than
the 15th legislative day of the next regular session. The committee may prepare and submit a preliminary report to the legislature at any extraordinary
session which may be convened. [1947 c 111 § 3.]
Sec. 4. The committee and its members shall have and exercise all of
the rights, duties and powers conferred upon legislative committees and their
members by the provisions of chapter 6, Laws of 1895 and chapter 33, Laws
of 1897 (secs. 8178 through 8194, Rem. Rev. Stat.; secs. 722-1, -3, -5, -7, -9,
-11, -13, -15, -17, -19, -21, -23, -25, -27, -29, -31, and -33, PPC) [chapter
44.16 RCW] and shall have additional powers: (a) To select a chairman and
vice-chairman from its membership;
(b) to employ an executive secretary and such expert, clerical and other
help as may be necessary to carry out its duties;
(c) to cooperate with and secure the cooperation of county, city and
other local law enforcement agencies in investigating any matter within the
(2004 Ed.)
Legislative Transportation Committee—Senate and House Transportation Committees
scope of this act and to direct the sheriff of any county to serve subpoenas,
orders and other process issued by the committee;
(d) to do any and all other things necessary or convenient to enable it
fully and adequately to exercise its powers, perform its duties, and accomplish the objects and purposes of this act." [1947 c 111 § 4.]
Reviser's note: Successive study authorizations, not codified in RCW,
are to be found in the various session laws subsequent to 1947, for example:
1949 c 213; 1951 c 269; 1953 c 254; 1955 c 384; 1957 c 172; 1959 c 319;
1961 ex.s. c 21; 1963 ex.s. c 3; 1965 ex.s. c 170; 1967 ex.s. c 145; 1969 ex.s.
c 281; 1970 ex.s. c 85; 1971 ex.s. c 195; 1973 1st ex.s. c 210; 1975 1st ex.s.
c 268; 1977 ex.s. c 235; and 1979 ex.s. c 192.
Legislative transportation committee duties in conjunction with transportation commission: See note following RCW 47.01.071.
44.40.025
44.40.025 Study of transportation-related funds or
accounts—Coordination of activities. In addition to the
powers and duties authorized in RCW 44.40.020, the committee and the standing committees on transportation of the
house and senate shall, in coordination with the joint legislative audit and review committee, the legislative evaluation
and accountability program committee, and the ways and
means committees of the senate and house of representatives,
ascertain, study, and/or analyze all available facts and matters
relating or pertaining to sources of revenue, appropriations,
expenditures, and financial condition of the motor vehicle
fund and accounts thereof, the highway safety fund, and all
other funds or accounts related to transportation programs of
the state.
The joint legislative audit and review committee, the legislative evaluation and accountability program committee,
and the ways and means committees of the senate and house
of representatives shall coordinate their activities with the
legislative transportation committee in carrying out the committees' powers and duties under chapter 43.88 RCW in matters relating to the transportation programs of the state. [1996
c 288 § 49; 1981 c 270 § 15; 1977 ex.s. c 235 § 6; 1975 1st
ex.s. c 293 § 19; 1971 ex.s. c 195 § 2.]
Effective date—Severability—1981 c 270: See notes following RCW
43.88.010.
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
Severability—1971 ex.s. c 195: See note following RCW 44.40.010.
44.40.030
44.40.030 Participation in activities of other organizations. In addition to the powers and duties heretofore conferred upon it, the legislative transportation committee may
participate in: (1) The activities of committees of the council
of state governments concerned with transportation activities; (2) activities of the national committee on uniform traffic laws and ordinances; (3) any interstate reciprocity or proration meetings designated by the department of licensing;
and (4) such other organizations as it deems necessary and
appropriate. [1982 c 227 § 17; 1977 ex.s. c 235 § 7; 1971
ex.s. c 195 § 3; 1963 ex.s. c 3 § 38.]
Effective date—1982 c 227: See note following RCW 19.09.100.
Severability—1971 ex.s. c 195: See note following RCW 44.40.010.
44.40.040
44.40.040 Members' allowances—Procedure for
payment of committee's expenses. The members of the legislative transportation committee and the house and senate
transportation committees shall receive allowances while
attending meetings of the committees or subcommittees and
(2004 Ed.)
44.40.090
while engaged in other authorized business of the committees
as provided in RCW 44.04.120. Subject to RCW 44.04.260,
all expenses incurred by the committee, and the house and
senate transportation committees, including salaries of
employees of the legislative transportation committee, shall
be paid upon voucher forms as provided by the office of
financial management and signed by the chairman or vice
chairman or authorized designee of the chairman of the committee, and the authority of said chairman or vice chairman to
sign vouchers shall continue until their successors are
selected. Vouchers may be drawn upon funds appropriated
for the expenses of the committee. [2001 c 259 § 7; 1979 c
151 § 157; 1977 ex.s. c 235 § 8; 1975 1st ex.s. c 268 § 3; 1971
ex.s. c 195 § 4; 1963 ex.s. c 3 § 39.]
Severability—1971 ex.s. c 195: See note following RCW 44.40.010.
44.40.070
44.40.070 State transportation agencies—Comprehensive programs and financial plans. Prior to October 1st
of each even-numbered year all state agencies whose major
programs consist of transportation activities, including the
department of transportation, the transportation improvement
board, the Washington state patrol, the department of licensing, the traffic safety commission, the county road administration board, and the board of pilotage commissioners, shall
adopt or revise, after consultation with the legislative transportation committee, a comprehensive six-year program and
financial plan for all transportation activities under each
agency's jurisdiction.
The comprehensive six-year program and financial plan
shall state the general objectives and needs of each agency's
major transportation programs, including workload and performance estimates. [1998 c 245 § 87; 1988 c 167 § 10; 1979
ex.s. c 192 § 3; 1979 c 158 § 112; 1977 ex.s. c 235 § 9; 1973
1st ex.s. c 201 § 1.]
Savings—Severability—1988 c 167: See notes following RCW
47.26.121.
Effective dates—1979 ex.s. c 192: "Section 6 of this 1979 act shall take
effect July 1, 1980. Sections 1 through 5 of this 1979 act are necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and shall take effect
on July 1, 1979." [1979 ex.s. c 192 § 7.]
Revenue forecasts: RCW 43.88.122.
44.40.080
44.40.080 State transportation agencies—Recommended budget—Preparation and presentation—Contents. Notwithstanding any other provision of law, state
transportation agencies shall prepare and present to the governor and to the legislature prior to its convening a recommended budget for the ensuing biennium. The biennial budget shall include details of expenditures, and performance
and public service criteria for the transportation programs
and activities of each agency in consonance with said
agency's adopted six-year comprehensive program and financial plan. [1973 1st ex.s. c 201 § 2.]
44.40.090
44.40.090 Delegation of powers and duties to senate
and house transportation committees. Subject to RCW
44.04.260, powers and duties enumerated by this chapter
shall be delegated to the senate and house transportation
committees during periods when the legislative transporta[Title 44 RCW—page 47]
44.40.100
Title 44 RCW: State Government—Legislative
tion committee is not appointed. [2001 c 259 § 8; 1977 ex.s.
c 235 § 10; 1973 1st ex.s. c 210 § 2.]
44.40.100
44.40.100 Contracts and programs authorized. Subject to RCW 44.04.260, the legislative transportation committee and the senate and house transportation committees
may enter into contracts on behalf of the state to carry out the
purposes of this chapter; and it or they may act for the state in
the initiation of or participation in any multigovernmental
program relative to transportation planning or programming;
and it or they may enter into contracts to receive federal or
other funds, grants, or gifts to carry out said purposes and to
be used in preference to or in combination with state funds.
When federal or other funds are received, they shall be
deposited with the state treasurer and thereafter expended
only upon approval by the committee or committees. [2001 c
259 § 9; 1977 ex.s. c 235 § 11; 1975 1st ex.s. c 268 § 7; 1973
1st ex.s. c 210 § 3.]
by the legislative transportation committee in developing the
recommendations. To the extent permitted by law, all agencies of the state shall cooperate fully with the legislative
transportation committee in carrying out its duties under this
section.
(3) The legislative transportation committee may receive
and expend gifts, grants, and endowments from private sector
sources to carry out the purpose of this section. [1998 c 245
§ 88; 1989 1st ex.s. c 6 § 14.]
Severability—1989 1st ex.s. c 6: See note following RCW 46.68.110.
44.40.161
44.40.161 Audit review of transportation-related
agencies. The executive committee of the legislative transportation committee or its successor may work with the joint
legislative audit and review committee to review and audit
transportation-related agencies, as directed in chapter 44.75
RCW. [2003 c 362 § 16.]
Effective date—2003 c 362: See RCW 44.75.901.
44.40.120
44.40.120 Periodic review of plans for bicycle, pedestrian, and equestrian facilities. The house and senate transportation committees shall periodically review the six-year
comprehensive plans submitted by cities and counties for
expenditures for bicycle, pedestrian, and equestrian facilities
prepared pursuant to RCW 35.77.010 and 36.81.121. [1977
ex.s. c 235 § 12; 1975 1st ex.s. c 268 § 2.]
44.40.140
44.40.140 Review of policy on fees imposed on nonpolluting fuels—Report. Prior to the start of each regular
legislative session in an odd-numbered year, the legislative
transportation committee shall review the policy of the state
concerning fees imposed on non-polluting fuels under RCW
82.38.075, and shall report its findings and recommendations
for change, if any, to the legislature. [1983 c 212 § 2.]
44.40.150
44.40.150 Study—Recommendations for consideration—Staffing. (1) The legislative transportation committee shall undertake a study and develop recommendations for
legislative and executive consideration that will:
(a) Increase the efficiency and effectiveness of state
transportation programs and reduce costs;
(b) Enhance the accountability and organizational
soundness of all transportation modes;
(c) Encourage better communication between local jurisdictions and the department of transportation in developing
engineering plans and subsequent construction projects;
(d) Encourage private sector support and financial participation in project development and construction of transportation projects;
(e) Develop long-range goals that reflect changing technology and state-of-the-art advancements in transportation;
(f) Explore alternatives for the establishment of an integrated and balanced multimodal statewide transportation system to meet the needs of the 21st century; and
(g) Explore ways to reduce the demand on the transportation system and more effectively use the existing system.
The committee may study other transportation needs and
problems and make further recommendations.
(2) The office of financial management and the department of transportation shall provide staff support as required
[Title 44 RCW—page 48]
Chapter 44.44
Chapter 44.44 RCW
OFFICE OF STATE ACTUARY—JOINT
COMMITTEE ON PENSION POLICY
Sections
44.44.010
44.44.013
44.44.030
44.44.040
44.44.900
Office of state actuary—Created—Qualifications.
State actuary appointment committee—Creation—Membership—Powers.
Personnel—Member of American academy of actuaries.
Powers and duties—Actuarial fiscal notes.
Severability—1975-'76 2nd ex.s. c 105.
Department of retirement systems: Chapter 41.50 RCW.
44.44.010
44.44.010 Office of state actuary—Created—Qualifications. (1) There is hereby created an office within the legislative branch to be known as the office of the state actuary.
(2) The executive head of the office shall be the state
actuary who shall be qualified by education and experience in
the field of actuarial science. [1987 c 25 § 1; 1975-'76 2nd
ex.s. c 105 § 19.]
44.44.013
44.44.013 State actuary appointment committee—
Creation—Membership—Powers. (1) The state actuary
appointment committee is created. The committee shall consist of: (a) The chair and ranking minority member of the
house of representatives appropriations committee and the
chair and ranking minority member of the senate ways and
means committee; and (b) four members of the select committee on pension policy appointed jointly by the chair and
vice-chair of the select committee, at least one member representing state retirement systems active or retired members,
and one member representing state retirement system
employers.
(2) The state actuary appointment committee shall be
jointly chaired by the chair of the house of representatives
appropriations committee and the chair of the senate ways
and means committee.
(3) The state actuary appointment committee shall
appoint or remove the state actuary by a two-thirds vote of
the committee. When considering the appointment or
removal of the state actuary, the appointment committee shall
consult with the director of the department of retirement sys(2004 Ed.)
Legislative Evaluation and Accountability Program Committee
tems, the director of the office of financial management, and
other interested parties.
(4) The state actuary appointment committee shall be
convened by the chairs of the house of representatives appropriations committee and the senate ways and means committee (a) whenever the position of state actuary becomes
vacant, or (b) upon the written request of any four members
of the appointment committee. [2003 c 295 § 13.]
44.44.030
44.44.030 Personnel—Member of American academy of actuaries. (1) Subject to RCW 44.04.260, the state
actuary shall have the authority to select and employ such
research, technical, clerical personnel, and consultants as the
actuary deems necessary, whose salaries shall be fixed by the
actuary and approved by the state actuary appointment committee, and who shall be exempt from the provisions of the
state civil service law, chapter 41.06 RCW.
(2) All actuarial valuations and experience studies performed by the office of the state actuary shall be signed by a
member of the American academy of actuaries. If the state
actuary is not such a member, the state actuary, after approval
by the select committee, shall contract for a period not to
exceed two years with a member of the American academy of
actuaries to assist in developing actuarial valuations and
experience studies. [2003 c 295 § 14; 2001 c 259 § 11; 1987
c 25 § 2; 1975-'76 2nd ex.s. c 105 § 21.]
44.44.040
44.44.040 Powers and duties—Actuarial fiscal notes.
The office of the state actuary shall have the following powers and duties:
(1) Perform all actuarial services for the department of
retirement systems, including all studies required by law.
(2) Advise the legislature and the governor regarding
pension benefit provisions, and funding policies and investment policies of the state investment board.
(3) Consult with the legislature and the governor concerning determination of actuarial assumptions used by the
department of retirement systems.
(4) Prepare a report, to be known as the actuarial fiscal
note, on each pension bill introduced in the legislature which
briefly explains the financial impact of the bill. The actuarial
fiscal note shall include: (a) The statutorily required contribution for the biennium and the following twenty-five years;
(b) the biennial cost of the increased benefits if these exceed
the required contribution; and (c) any change in the present
value of the unfunded accrued benefits. An actuarial fiscal
note shall also be prepared for all amendments which are
offered in committee or on the floor of the house of representatives or the senate to any pension bill. However, a majority
of the members present may suspend the requirement for an
actuarial fiscal note for amendments offered on the floor of
the house of representatives or the senate.
(5) Provide such actuarial services to the legislature as
may be requested from time to time.
(6) Provide staff and assistance to the committee established under RCW 41.04.276.
(7) Provide actuarial assistance to the law enforcement
officers' and fire fighters' plan 2 retirement board as provided
in chapter 2, Laws of 2003. Reimbursement for services shall
be made to the state actuary under RCW 39.34.130 and sec(2004 Ed.)
44.48.020
tion 5(5), chapter 2, Laws of 2003. [2003 c 295 § 4; 2003 c
92 § 2; 1987 c 25 § 3; 1986 c 317 § 6; 1975-'76 2nd ex.s. c
105 § 22.]
Reviser's note: This section was amended by 2003 c 92 § 2 and by
2003 c 295 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2003 c 92: See RCW 41.26.905 and
41.26.906.
Legislative findings—Intent—Severability—1986 c 317: See notes
following RCW 41.40.150.
44.44.900
44.44.900 Severability—1975-'76 2nd ex.s. c 105.
See note following RCW 41.04.270.
Chapter 44.48 RCW
LEGISLATIVE EVALUATION AND
ACCOUNTABILITY PROGRAM COMMITTEE
Chapter 44.48
Sections
44.48.010
44.48.020
44.48.030
44.48.040
44.48.045
44.48.050
44.48.060
44.48.070
44.48.080
44.48.090
44.48.100
44.48.110
44.48.120
44.48.130
44.48.140
44.48.900
Committee created—Composition.
Terms of members—Vacancies.
Continuation of memberships, powers, duties, etc.
Travel expenses of members—Reimbursement.
Administration.
Expenses of committee—Vouchers.
Officers and rules.
Committee's duties with respect to data processing capability
for fiscal matters—LEAP defined.
Duties of LEAP administration.
Committee's powers.
Reports to legislature—Minutes.
Witness fees and mileage.
LEAP administrator and other assistants—Employment—
Duties of LEAP administrator.
Exemption from department of information services.
Cooperation with legislative committees and others.
Severability—1977 ex.s. c 373.
Alternative economic and revenue forecasts to be provided at the request of
the legislative evaluation and accountability program committee:
RCW 82.33.030.
44.48.010
44.48.010 Committee created—Composition. There
is hereby created a legislative evaluation and accountability
program committee which shall consist of four senators and
four representatives from the legislature. The senate members of the committee shall be appointed by the president of
the senate and the house members of the committee shall be
appointed by the speaker of the house. Not more than two
members from each house shall be from the same political
party. All members shall be appointed before the close of the
1977 session of the legislature and before the close of each
regular session during an odd-numbered year thereafter.
Members shall be subject to confirmation, as to the senate
members by the senate, and as to the house members by the
house. [1980 c 87 § 40; 1977 ex.s. c 373 § 1.]
44.48.020 Terms of members—Vacancies. The term
of office of the members of the committee who continue to be
members of the senate and house shall be from the close of
the session in which they were appointed or elected as provided in RCW 44.48.010 until the close of the next regular
session during an odd-numbered year, or, in the event that
such appointments or elections are not made, until the close
of the next regular session during an odd-numbered year during which successors are appointed or elected. The term of
44.48.020
[Title 44 RCW—page 49]
44.48.030
Title 44 RCW: State Government—Legislative
office of such committee members as shall not continue to be
members of the senate and house shall cease upon the convening of the next regular session of the legislature during an
odd-numbered year after their confirmation, election, or
appointment. Vacancies on the committee shall be filled by
appointment by the remaining members. All such vacancies
shall be filled from the same political party and from the
same house as the member whose seat was vacated. [1980 c
87 § 41; 1977 ex.s. c 373 § 2.]
44.48.030
44.48.030 Continuation of memberships, powers,
duties, etc. On and after the commencement of a succeeding
regular session of the legislature during an odd-numbered
year, those members of the committee who continue to be
members of the senate and house, respectively, shall continue
as members of the committee as indicated in RCW 44.48.020
and the committee shall continue with all its powers, duties,
authorities, records, papers, personnel and staff, and all funds
made available for its use. [1980 c 87 § 42; 1977 ex.s. c 373
§ 3.]
44.48.040
44.48.040 Travel expenses of members—Reimbursement. The members of the committee shall serve without
additional compensation, but shall be reimbursed in accordance with RCW 44.04.120 while attending sessions of the
committee or meetings of any subcommittee of the committee, or on other committee business authorized by the committee. [1977 ex.s. c 373 § 4.]
44.48.045
44.48.045 Administration. The administration of the
legislative evaluation and accountability program committee
is subject to RCW 44.04.260. [2001 c 259 § 12.]
fiscal matters. The legislative evaluation and accountability
program established in this section may be referred to in this
chapter as the LEAP administration. [1977 ex.s. c 373 § 7.]
44.48.080
44.48.080 Duties of LEAP administration. To carry
out the provisions of RCW 44.48.070 the LEAP administration shall provide for:
(1) Automated data bases and application systems in
support of legislative requirements to monitor, evaluate, analyze, report, and review;
(2) Maintenance of computer software, application programs, data bases, and related documentation;
(3) Education, training, and programming services;
(4) Procedural documentation support; and
(5) Consulting assistance on special projects. [1977 ex.s.
c 373 § 8.]
44.48.090
44.48.090 Committee's powers. The committee shall
have the following powers:
(1) To have timely access, upon written request of the
administrator, to all machine readable, printed, and other data
of state agencies relative to expenditures, budgets, and
related fiscal matters;
(2) To suggest changes relative to state accounting and
reporting systems to the office of financial management or its
successor and to require timely written responses to such suggestions; and
(3) Subject to RCW 44.04.260, to enter into contracts;
and when entering into any contract for computer access,
make necessary provisions relative to the scheduling of computer time and usage in recognition of the unique requirements and priorities of the legislative process. [2001 c 259 §
14; 1979 c 151 § 158; 1977 ex.s. c 373 § 9.]
44.48.050
44.48.050 Expenses of committee—Vouchers. Subject to RCW 44.04.260, all expenses incurred by the committee, including salaries and expenses of employees, shall be
paid upon voucher forms as provided by the administrator
and signed by the chairman or vice chairman of the committee and attested by the secretary of said committee, and the
authority of said chairman and secretary to sign vouchers
shall continue until their successors are selected after each
ensuing session of the legislature. Vouchers may be drawn on
funds appropriated by law for the committee: PROVIDED,
That the senate and the house may authorize the committee to
draw on funds appropriated by the legislature for legislative
expenses. [2001 c 259 § 13; 1977 ex.s. c 373 § 5.]
44.48.060
44.48.060 Officers and rules. The committee shall
have the power and duty to appoint its own chairman, vice
chairman, and other officers; and to make rules for orderly
procedure. [1977 ex.s. c 373 § 6.]
44.48.070
44.48.070 Committee's duties with respect to data
processing capability for fiscal matters—LEAP defined.
The committee shall acquire a data processing service capability under the exclusive jurisdiction and control of the legislature acting through the committee and its administrator
for the purpose of providing the legislature and its staff with
the type of information required for in-depth analysis and
monitoring of state agency expenditures, budgets, and related
[Title 44 RCW—page 50]
44.48.100
44.48.100 Reports to legislature—Minutes. The committee shall have the power to make reports to the legislature.
The committee shall keep complete minutes of its meetings.
[1987 c 505 § 46; 1977 ex.s. c 373 § 10.]
44.48.110
44.48.110 Witness fees and mileage. Each person who
appears before the committee, other than a state official or
employee, may upon request receive for attendance the fees
and mileage provided for witnesses in civil cases in courts of
record in accordance with the provisions of RCW 2.40.010,
which shall be audited and paid upon the presentation of
proper vouchers signed by such person and approved by the
secretary and chairman of the committee. [1977 ex.s. c 373 §
11.]
44.48.120
44.48.120 LEAP administrator and other assistants—Employment—Duties of LEAP administrator.
The committee is hereby authorized and empowered to
appoint an officer to be known as the LEAP administrator
who shall be the executive officer of the committee and assist
in its duties and shall compile information for the committee.
Subject to RCW 44.04.260, the committee is hereby
authorized and empowered to select and employ temporary
and permanent personnel and fix their salaries.
The duties of the administrator shall be as follows:
(1) To manage the LEAP operations.
(2004 Ed.)
Legislative Committee on Economic Development
(2) To assist the several standing committees of the
house and senate; to appear before other legislative committees; and to assist any other legislative committee upon
instruction by the committee.
(3) To provide the legislature with information obtained
under the direction of the committee.
(4) To maintain a record of all work performed by the
administrator under the direction of the committee and to
keep and make available all documents, data, and reports
submitted to the administrator by any legislative committee.
[2001 c 259 § 15; 1977 ex.s. c 373 § 12.]
44.48.130
44.48.130 Exemption from department of information services. The committee is hereby expressly exempted
from the provisions of chapter 43.105 RCW. [1977 ex.s. c
373 § 13.]
44.52.050
(2) There is created a legislative committee on economic
development and international relations which shall consist
of six senators and six representatives from the legislature
and the lieutenant governor who shall serve as chairperson.
The senate members of the committee shall be appointed by
the president of the senate and the house members of the
committee shall be appointed by the speaker of the house.
Not more than three members from each house shall be from
the same political party. A list of appointees shall be submitted before the close of each regular legislative session during
an odd-numbered year or any successive special session convened by the governor or the legislature prior to the close of
such regular session or successive special session(s) for confirmation of senate members, by the senate, and house members, by the house. Vacancies occurring shall be filled by the
appointing authority. [2003 c 347 § 1; 1985 c 467 § 17.]
44.52.020
44.48.140
44.48.140 Cooperation with legislative committees
and others. The committee shall cooperate, act, and function
with Washington state legislative committees and may cooperate with the councils or committees of other states similar
to this committee and with other interstate research organizations. [1977 ex.s. c 373 § 14.]
44.52.020 Subcommittees—Rules of procedure. The
committee shall by majority vote establish subcommittees,
and prescribe rules of procedure for itself and its subcommittees which are consistent with this chapter. The committee
shall at a minimum establish a subcommittee on international
trade and a subcommittee on industrial development. [1985
c 467 § 18.]
44.48.900
44.48.900 Severability—1977 ex.s. c 373. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1977 ex.s. c 373 § 16.]
Chapter 44.52
Chapter 44.52 RCW
LEGISLATIVE COMMITTEE ON
ECONOMIC DEVELOPMENT
Sections
44.52.010
44.52.020
44.52.030
44.52.040
44.52.050
44.52.060
44.52.070
44.52.900
44.52.901
44.52.010
Purpose—Legislative committee on economic development
and international relations created—Membership.
Subcommittees—Rules of procedure.
Powers—Study and review of economic issues.
Staff support.
Travel expenses.
Payment of expenses.
Cooperation with other committees, agencies, and councils.
Severability—1985 c 467.
Effective date—1985 c 467.
44.52.010 Purpose—Legislative committee on economic development and international relations created—
Membership. (1) Economic development and in particular
international trade, tourism, and investment have become
increasingly important to Washington, affecting the state's
employment, revenues, and general economic well-being.
Additionally, economic trends are rapidly changing and the
international marketplace has become increasingly competitive as states and countries seek to improve and safeguard
their own economic well-being. The purpose of the legislative committee on economic development and international
relations is to provide responsive and consistent involvement
by the legislature in economic development to maintain a
healthy state economy and to provide employment opportunities to Washington residents.
(2004 Ed.)
44.52.030
44.52.030 Powers—Study and review of economic
issues. The committee or its subcommittees are authorized to
study and review economic development issues with special
emphasis on international trade, tourism, investment, and
industrial development, and to assist the legislature in developing a comprehensive and consistent economic development policy. The issues under review by the committee shall
include, but not be limited to:
(1) Evaluating existing state policies, laws, and programs which promote or affect economic development with
special emphasis on those concerning international trade,
tourism, and investment and determine their cost-effectiveness and level of cooperation with other public and private
agencies.
(2) Monitoring economic trends, and developing for
review by the legislature such appropriate state responses as
may be deemed effective and appropriate.
(3) Monitoring economic development policies and programs of other states and nations and evaluating their effectiveness.
(4) Determining the economic impact of international
trade, tourism, and investment upon the state's economy.
(5) Assessing the need for and effect of federal, regional,
and state cooperation in economic development policies and
programs.
(6) Developing and evaluating legislative proposals concerning the issues specified in this section. [1985 c 467 § 19.]
44.52.040
44.52.040 Staff support. The committee shall receive
the necessary staff support from both the senate and house
staff resources. [1985 c 467 § 20.]
44.52.050
44.52.050 Travel expenses. The members of the committee shall serve without additional compensation, but shall
be reimbursed for their travel expenses, in accordance with
[Title 44 RCW—page 51]
44.52.060
Title 44 RCW: State Government—Legislative
RCW 44.04.120, incurred while attending sessions of the
committee or meetings of any subcommittee of the committee, while engaged on other committee business authorized
by the committee, and while going to and coming from committee sessions or committee meetings. [1985 c 467 § 21.]
sight committee on trade policy to monitor the impact of
these trade agreements on Washington state laws, and to provide a mechanism for legislators and citizens to voice their
opinions and concerns about the potential impacts of these
trade agreements to state and federal government officials.
[2003 c 404 § 1.]
44.52.060
44.52.060 Payment of expenses. All expenses incurred
by the committee, including salaries and expenses of employees, shall be paid upon voucher forms as provided by the
auditor and signed by the chairperson or vice chairperson of
the committee and attested by the secretary of the committee,
and the authority of the chairperson and secretary to sign
vouchers shall continue until their successors are selected
after each ensuing session of the legislature. Vouchers may
be drawn on funds appropriated generally by the legislature
for legislative expenses or upon any special appropriation
which may be provided by the legislature for the expenses of
the committee or both. [1985 c 467 § 22.]
44.52.070
44.52.070 Cooperation with other committees, agencies, and councils. The committee shall cooperate, act, and
function with legislative committees, executive agencies, and
with the councils or committees of other states similar to this
committee and with other interstate research organizations.
[1985 c 467 § 23.]
44.52.900
44.52.900 Severability—1985 c 467. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 467 § 25.]
44.52.901
44.52.901 Effective date—1985 c 467. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect July 1, 1985.
[1985 c 467 § 26.]
44.55.020
44.55.020 Committee membership. A joint legislative
oversight committee on trade policy is created, to consist of
four senators and four representatives from the legislature
and three ex officio members. The president of the senate
shall appoint the senate members of the committee, and the
speaker of the house shall appoint the house members of the
committee. No more than two members from each house
may be from the same political party. A list of appointees
must be submitted by July 1, 2003, and before the close of
each regular session during an even-numbered year. Vacancies on the committee will be filled by appointment and must
be filled from the same political party and from the same
house as the member whose seat was vacated. The ex officio
members shall be appointed by the speaker of the house and
the president of the senate, and include a representative from
the department of agriculture, the state trade representative,
and a representative from the office of the attorney general.
[2003 c 404 § 2.]
Reviser's note: Substitute House Bill No. 1059, Substitute House Bill
No. 1173, and Engrossed Substitute House Bill No. 1827 were enacted during the 2003 regular session of the legislature, but were vetoed in part by the
governor. A stipulated judgment, No. 03-2-01988-4 filed in the Superior
Court of Thurston County, between the governor and the legislature, settled
litigation over the governor's use of veto powers and declared the vetoes of
SHB 1059, SHB 1173, and ESHB 1827 null and void. Consequently, the
text of this section has been returned to the version passed by the legislature
prior to the vetoes. For vetoed text and message, see chapter 404, Laws of
2003.
Effective date—2003 c 404 § 2: "Section 2 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [May 20, 2003]." [2003 c 404 § 8.]
44.55.030
Chapter 44.55 RCW
JOINT LEGISLATIVE OVERSIGHT COMMITTEE
ON TRADE POLICY
Chapter 44.55
Sections
44.55.010
44.55.020
44.55.030
44.55.040
44.55.050
44.55.060
Findings—Intent.
Committee membership.
Chair—Officers—Rules.
Powers, duties.
Staff support.
Compensation.
44.55.010
44.55.010 Findings—Intent. The legislature finds that
international trade is an important part of Washington's economy with Washington as the fifth largest exporting state in
the nation. The legislature further finds that World Trade
Organization agreements and the North American Free Trade
Agreement have implications for Washington state laws governing agriculture, services, environmental regulation, and
economic subsidies. The legislature further finds that future
trade agreements such as the proposed Free Trade Area of the
Americas may also impact Washington state. Therefore, it is
the intent of the legislature to create a joint legislative over[Title 44 RCW—page 52]
44.55.030 Chair—Officers—Rules. The committee
shall appoint its own chair and other officers and make rules
for orderly procedure. [2003 c 404 § 3.]
44.55.040
44.55.040 Powers, duties. The committee has the following powers and duties:
(1) At least once a year, hear public testimony on the
actual and potential impacts of international trade agreements
and negotiations on Washington state and submit an annual
report to the state trade representative's office and to the legislature regarding the public testimony;
(2) Maintain active communication with the state trade
representative's office, the United States trade representative's office, Washington's congressional delegation, the
national conference of state legislatures, and any other bodies
the committee deems appropriate regarding ongoing developments in international trade agreements and policy;
(3) Conduct an annual assessment of the impacts of
international trade agreements upon Washington law and
submit the report to the legislature;
(4) Examine any aspects of international trade, international economic integration, and trade agreements that the
members deem appropriate. [2003 c 404 § 4.]
(2004 Ed.)
Joint Legislative Systems Committee
44.55.050
44.55.050 Staff support. The committee will receive
the necessary staff support from both the senate committee
services and the house office of program research. [2003 c
404 § 5.]
44.55.060
44.55.060 Compensation. The members of the committee shall serve without additional compensation, but are
entitled to receive per diem, mileage, and incidental expense
allowances at the rates provided in chapter 44.04 RCW.
[2003 c 404 § 6.]
Chapter 44.68 RCW
JOINT LEGISLATIVE SYSTEMS COMMITTEE
Chapter 44.68
Sections
44.68.010
44.68.020
44.68.030
44.68.035
44.68.040
44.68.050
44.68.060
44.68.070
44.68.080
44.68.090
44.68.100
Definitions.
Committee created—Members, terms, vacancies, officers,
rules.
Administrative committee—Membership, coordinator as secretary.
Administration.
Legislative systems coordinator—Employment, duties.
Administrative committee—Powers and duties.
Joint legislative service center—Duties—Protection of information—Bill drafts.
Legislative systems revolving fund.
Scope of requirements of this chapter.
Systems committee, administrative committee members—
Travel expenses.
Electronic access to legislative information.
44.68.010
44.68.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Administrative committee" means the legislative
systems administrative committee created under RCW
44.68.030.
(2) "Center" means the joint legislative service center
established under RCW 44.68.060.
(3) "Coordinator" means the legislative systems coordinator employed under RCW 44.68.040.
(4) "Systems committee" means the joint legislative systems committee created under RCW 44.68.020. [1986 c 61 §
1.]
44.68.020
44.68.020 Committee created—Members, terms,
vacancies, officers, rules. (1) The joint legislative systems
committee is created to oversee the direction of the information processing and communications systems of the legislature and to enforce the policies, procedures, and standards
established under this chapter. The systems committee consists of four members as follows:
(a) A member from each of the two largest caucuses in
the house of representatives, appointed by the speaker of the
house of representatives; and
(b) A member from each of the two largest caucuses in
the senate, appointed by the majority leader of the senate.
(2) Members shall serve two-year terms, beginning with
their appointment in the regular legislative session held in an
odd-numbered year and continuing until their successors are
appointed and qualified. In case of a vacancy, the original
appointing authority shall appoint another member of the
same party as the vacating member.
(2004 Ed.)
44.68.050
(3) The systems committee shall choose its own presiding officer and other necessary officers from among its membership, and shall make rules for orderly procedure. [1993 c
332 § 1; 1986 c 61 § 2.]
44.68.030
44.68.030 Administrative committee—Membership,
coordinator as secretary. (1) The legislative systems
administrative committee is created to manage the information processing and communications systems of the legislature. The administrative committee consists of five members
appointed as follows:
(a) The secretary of the senate, and another senate staff
person appointed by and serving at the pleasure of the secretary;
(b) The chief clerk of the house of representatives, and
another house of representatives staff person appointed by
and serving at the pleasure of the chief clerk; and
(c) The code reviser, or the code reviser's designee, serving in a nonvoting capacity.
(2) The coordinator shall serve as the secretary of the
administrative committee. [1986 c 61 § 3.]
44.68.035
44.68.035 Administration. The administration of the
joint legislative systems committee is subject to RCW
44.04.260. [2001 c 259 § 16.]
44.68.040
44.68.040 Legislative systems coordinator—Employment, duties. Subject to RCW 44.04.260:
(1) The systems committee, after consultation with the
administrative committee, shall employ a legislative systems
coordinator. The coordinator shall serve at the pleasure of the
systems committee, which shall fix the coordinator's salary.
(2) The coordinator shall serve as the executive and
administrative head of the center, and shall assist the administrative committee in managing the information processing
and communications systems of the legislature as directed by
the administrative committee. [2001 c 259 § 17; 1986 c 61 §
4.]
44.68.050
44.68.050 Administrative committee—Powers and
duties. The administrative committee shall, subject to the
approval of the systems committee and subject to RCW
44.04.260:
(1) Adopt policies, procedures, and standards regarding
the information processing and communications systems of
the legislature;
(2) Establish appropriate charges for services, equipment, and publications provided by the legislative information processing and communications systems, applicable to
legislative and nonlegislative users as determined by the
administrative committee;
(3) Employ or engage and fix the compensation for personnel required to carry out the purposes of this chapter;
(4) Enter into contracts for (a) the sale, exchange, or
acquisition of equipment, supplies, services, and facilities
required to carry out the purposes of this chapter and (b) the
distribution of legislative information;
(5) Generally assist the systems committee in carrying
out its responsibilities under this chapter, as directed by the
systems committee. [2001 c 259 § 18; 1986 c 61 § 5.]
[Title 44 RCW—page 53]
44.68.060
Title 44 RCW: State Government—Legislative
44.68.060
44.68.060 Joint legislative service center—Duties—
Protection of information—Bill drafts. (1) The administrative committee, subject to the approval of the systems
committee, shall establish a joint legislative service center.
The center shall provide automatic data processing services,
equipment, training, and support to the legislature and legislative agencies. The center may also, by agreement, provide
services to agencies of the judicial and executive branch. All
operations of the center shall be subject to the general supervision of the administrative committee in accordance with the
policies, procedures, and standards established under RCW
44.68.050.
(2) Except as provided otherwise in subsection (3) of this
section, determinations regarding the security, disclosure,
and disposition of information placed or maintained in the
center shall rest solely with the originator and shall be made
in accordance with any law regulating the disclosure of such
information. The originator is the person who directly places
information in the center.
(3) When utilizing the center to carry out the bill drafting
functions required under RCW 1.08.027, the code reviser
shall be considered the originator as defined in RCW
44.68.060. However, determinations regarding the security,
disclosure, and disposition of drafts placed or maintained in
the center shall be made by the person requesting the code
reviser's services and the code reviser, acting as the originator, shall comply with and carry out such determinations as
directed by that person. A measure once introduced shall not
be considered a draft under this subsection. [1986 c 61 § 6.]
44.68.100
44.68.100 Electronic access to legislative information. The legislature and legislative agencies through the
joint legislative systems committee, shall:
(1) Continue to plan for and implement processes for
making legislative information available electronically;
(2) Promote and facilitate electronic access to the public
of legislative information and services;
(3) Establish technical standards for such services;
(4) Consider electronic public access needs when planning new information systems or major upgrades of information systems;
(5) Develop processes to determine which legislative
information the public most wants and needs;
(6) Increase capabilities to receive information electronically from the public and transmit forms, applications and
other communications and transactions electronically;
(7) Use technologies that allow continuous access
twenty-four hours a day, seven days per week, involve little
or no cost to access, and are capable of being used by persons
without extensive technology ability; and
(8) Consider and incorporate wherever possible ease of
access to electronic technologies by persons with disabilities.
[1996 c 171 § 4.]
Captions not law—Effective dates—1996 c 171: See notes following
RCW 43.105.250.
Chapter 44.75
Chapter 44.75 RCW
TRANSPORTATION PERFORMANCE
AUDIT BOARD
Sections
44.68.070
44.68.070 Legislative systems revolving fund. The
legislative systems revolving fund is established in the custody of the state treasurer. All moneys received by the systems committee, the administrative committee, and the center
shall be deposited in the fund. Moneys in the fund may be
spent only for expenses approved by the systems committee
for the purposes of this chapter. Disbursements from the fund
shall be on vouchers signed by both the presiding officer of
the systems committee and the coordinator. No appropriation
is required for disbursements from the fund. The senate and
house of representatives may transfer moneys appropriated
for legislative expenses to the fund, in addition to charges
made under RCW 44.68.050(2). [1986 c 61 § 7.]
44.75.010
44.75.020
44.75.030
44.75.040
44.75.050
44.75.060
44.75.070
44.75.080
44.75.090
44.75.100
44.75.110
44.75.120
44.75.800
44.75.900
44.75.901
Intent.
Definitions.
Board created—Membership.
Procedures, compensation, support.
Reviews of transportation-related agencies.
Review methodology.
Scope of reviews.
Performance audits—Determination of necessity.
Professional experts—Reimbursement—Transportation committee approval of methodology.
Presentation and publication of performance audits.
Scope of performance audit.
Contents of audit report.
Department of transportation audit.
Captions—2003 c 362.
Effective date—2003 c 362.
44.75.010
44.68.080
44.68.080 Scope of requirements of this chapter. The
information and communications functions of the legislature
and legislative agencies are subject to the requirements of
this chapter, and the standards, policies, and procedures
established under this chapter. [1986 c 61 § 8.]
44.68.090
44.68.090 Systems committee, administrative committee members—Travel expenses. Members of the systems committee and of the administrative committee shall be
reimbursed for travel expenses under RCW 44.04.120 or
43.03.050 and 43.03.060, as appropriate, while attending
meetings of their respective committees or on other official
business authorized by their respective committees. [1986 c
61 § 9.]
[Title 44 RCW—page 54]
44.75.010 Intent. It is essential that the legislature
improve the accountability and efficiency of transportationrelated agencies and measure transportation system performance against benchmarks established in chapter 5, Laws of
2002. Taxpayers must know that their tax dollars are being
well spent to deliver critically needed transportation projects
and services. To accomplish this, the transportation performance audit board is created and a system of transportation
functional and performance audits is established to provide
oversight and accountability of transportation-related agencies. [2003 c 362 § 1.]
44.75.020
44.75.020 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Economy and efficiency audit" has the meaning
contained in chapter 44.28 RCW.
(2004 Ed.)
Transportation Performance Audit Board
(2) "Joint legislative audit and review committee" means
the agency created in chapter 44.28 RCW, or its statutory
successor.
(3) "Legislative auditor" has the meaning contained in
chapter 44.28 RCW.
(4) "Legislative transportation committee" means the
agency created in chapter 44.40 RCW, or its statutory successor.
(5) "Performance audit" has the meaning contained in
chapter 44.28 RCW.
(6) "Performance review" means an outside evaluation
of how a state agency uses its performance measures to assess
the outcomes of its legislatively authorized activities.
(7) "Program audit" has the meaning contained in chapter 44.28 RCW.
(8) "Transportation performance audit board" or "board"
means the board created in RCW 44.75.030.
(9) "Transportation-related agencies" means any state
agency, board, or commission that receives funding primarily
for transportation-related purposes. At a minimum, the
department of transportation, the Washington state patrol, the
department of licensing, the transportation improvement
board or its successor entity, the county road administration
board or its successor entity, and the traffic safety commission are considered transportation-related agencies. [2003 c
362 § 2.]
44.75.030 Board created—Membership. (1) The
transportation performance audit board is created.
(2) The board will consist of four legislative members,
five citizen members with transportation-related expertise,
one ex officio member, and one at large member. The legislative auditor is the ex officio member. The majority and
minority leaders of the house and senate transportation committees are the legislative members. The governor shall
appoint the at large member to serve for a term of four years.
The citizen members must be nominated by professional
associations chosen by the board's legislative members and
appointed by the governor for terms of four years, except that
at least half the initial appointments will be for terms of two
years. The citizen members may not be currently, or within
one year, employed by the Washington state department of
transportation. The citizen members will consist of:
(a) One member with expertise in construction project
planning, including permitting and assuring regulatory compliance;
(b) One member with expertise in construction means
and methods and construction management, crafting and
implementing environmental mitigation plans, and administration;
(c) One member with expertise in construction engineering services, including construction management, materials
testing, materials documentation, contractor payments,
inspection, surveying, and project oversight;
(d) One member with expertise in project management,
including design estimating, contract packaging, and procurement; and
(e) One member with expertise in transportation planning and congestion management.
(3) The governor may not remove members from the
board before the expiration of their terms unless for cause
44.75.030
(2004 Ed.)
44.75.060
based upon a determination of incapacity, incompetence,
neglect of duty, of malfeasance in office by the Thurston
county superior court, upon petition and show cause proceedings brought for that purpose in that court and directed to the
board member in question.
(4) No member may be appointed for more than three
consecutive terms. [2003 c 362 § 3.]
44.75.040
44.75.040 Procedures, compensation, support. (1)
The board shall meet periodically. It may adopt its own rules
and may establish its own procedures. It shall act collectively
in harmony with recorded resolutions or motions adopted by
a majority vote of the members.
(2) Each member of the transportation performance audit
board will be compensated from the general appropriation for
the legislative transportation committee in accordance with
RCW 43.03.250 and reimbursed for actual necessary traveling and other expenses in going to, attending, and returning
from meetings of the board or that are incurred in the discharge of duties requested by the chair. However, in no event
may a board member be compensated in any year for more
than one hundred twenty days, except the chair may be compensated for not more than one hundred fifty days. Service
on the board does not qualify as a service credit for the purposes of a public retirement system.
(3) The transportation performance audit board shall
keep proper records and is subject to audit by the state auditor
or other auditing entities.
(4) Staff support to the transportation performance audit
board must be provided by the legislative transportation committee, which shall provide professional support for the
duties, functions, responsibilities, and activities of the board,
including but not limited to information technology systems;
data collection, processing, analysis, and reporting; project
management; and office space, equipment, and secretarial
support. The legislative evaluation and accountability program will provide data and information technology support
consistent with the support currently supplied to existing legislative committees. [2003 c 362 § 4.]
44.75.050
44.75.050 Reviews of transportation-related agencies. (1) The transportation performance audit board may
review the performance and outcome measures of transportation-related agencies. The purpose of these reviews is to
ensure that the legislature has the means to adequately and
accurately assess the performance and outcomes of those
agencies and departments. Where two or more agencies have
shared responsibility for functions or priorities of government, these reviews can also determine whether effective
interagency cooperation and collaboration occurs in areas
such as program coordination, administrative structures,
information systems, and administration of grants and loans.
(2) In conducting these reviews, the transportation performance audit board may work in consultation with the legislative transportation committee, the joint legislative audit
and review committee, the office of financial management,
and other state agencies. [2003 c 362 § 5.]
44.75.060
44.75.060 Review methodology. The performance and
outcome measures and benchmarks of each agency or depart[Title 44 RCW—page 55]
44.75.070
Title 44 RCW: State Government—Legislative
ment may be reviewed at the discretion of the transportation
performance audit board. In setting the schedule and the
extent of performance reviews, the board shall consider the
timing and results of other recent state, federal, and independent reviews and audits, the seriousness of past findings, any
inadequate remedial action taken by an agency or department, whether an agency or department lacks performance
and outcome measures, and the desirability to include a
diverse range of agencies or programs each year. [2003 c 362
§ 6.]
44.75.070
44.75.070 Scope of reviews. The reviews may include,
but are not limited to:
(1) A determination of whether the performance and outcome measures are consistent with legislative mandates, strategic plans, mission statements, and goals and objectives, and
whether the legislature has established clear mandates, strategic plans, mission statements, and goals and objectives that
lend themselves to performance and outcome measurement;
(2) An examination of how agency management uses the
measures to manage resources in an efficient and effective
manner;
(3) An assessment of how performance benchmarks are
established for the purpose of assessing overall performance
compared to external standards and benchmarks;
(4) An examination of how an analysis of the measurement data is used to make planning and operational improvements;
(5) A determination of how performance and outcome
measures are used in the budget planning, development, and
allotment processes and the extent to which the agency is in
compliance with its responsibilities under RCW 43.88.090;
(6) A review of how performance data are reported to
and used by the legislature both in policy development and
resource allocation;
(7) An assessment of whether the performance measure
data are reliable and collected in a uniform and timely manner;
(8) A determination whether targeted funding investments and established priorities of government actually produce the intended and expected services and benefits; and
(9) Recommendations as necessary or appropriate.
[2003 c 362 § 7.]
44.75.080
44.75.080 Performance audits—Determination of
necessity. After reviewing the performance or outcome measures and benchmarks of an agency or department, or at any
time it so determines, the transportation performance audit
board shall recommend to the executive committee of the
legislative transportation committee whether a full performance or functional audit of the agency or department, or a
specific program within the agency or department, is appropriate. Upon the request of the legislative transportation
committee or its executive committee, the joint legislative
audit and review committee shall add the full performance or
functional audit to its biennial performance audit work plan.
If the request duplicates or overlaps audits already in the
work plan, or was performed under the previous biennial
work plan, the executive committees of the legislative transportation committee and the joint legislative audit and review
[Title 44 RCW—page 56]
committee shall meet to discuss and resolve the duplication
or overlap. [2003 c 362 § 8.]
44.75.090
44.75.090 Professional experts—Reimbursement—
Transportation committee approval of methodology. (1)
To the greatest extent possible, or when requested by the
executive committee of the legislative transportation committee, the legislative auditor shall contract with and consult
with private independent professional and technical experts
to optimize the independence of the reviews and performance
audits. In determining the need to contract with private
experts, the legislative auditor shall consider the degree of
difficulty of the review or audit, the relative cost of contracting for expertise, and the need to maintain auditor independence from the subject agency or program.
(2) After consultation with the executive committee of
the legislative transportation committee on the appropriateness of costs, the legislative transportation committee shall
reimburse the joint legislative audit and review committee or
the legislative auditor for the costs of carrying out any
requested performance audits, including the cost of contracts
and consultant services.
(3) The executive committee of the legislative transportation committee must review and approve the methodology
for performance audits recommended by the transportation
performance audit board. [2003 c 362 § 9.]
44.75.100
44.75.100 Presentation and publication of performance audits. Completed performance audits must be presented to the transportation performance audit board and the
legislative transportation committee. Published performance
audits must be made available to the public through the legislative transportation committee and the joint legislative audit
and review committee's web site and through customary public communications. Final reports must also be transmitted to
the appropriate policy and fiscal standing committees of the
legislature. [2003 c 362 § 10.]
44.75.110
44.75.110 Scope of performance audit. The legislative auditor shall determine in writing the scope of any performance audit requested by the legislative transportation
committee or its executive committee, subject to the review
and approval of the final scope of the audit by the transportation performance audit board, and the legislative transportation committee or its executive committee. In doing so, the
legislative auditor, the transportation performance audit
board, and the legislative transportation committee or its
executive committee shall consider inclusion of the following
elements in the scope of the audit:
(1) Identification of potential cost savings in the agency,
its programs, and its services;
(2) Identification and recognition of best practices;
(3) Identification of funding to the agency, to programs,
and to services that can be eliminated or reduced;
(4) Identification of programs and services that can be
eliminated, reduced, or transferred to the private sector;
(5) Analysis of gaps and overlaps in programs and services and recommendations for improving, dropping, blending, or separating functions to correct gaps or overlaps;
(2004 Ed.)
Transportation Performance Audit Board
44.75.901
(6) Analysis and recommendations for pooling information technology systems;
(7) Analysis of the roles and functions of the agency, its
programs, and its services and their compliance with statutory authority and recommendations for eliminating or
changing those roles and functions and ensuring compliance
with statutory authority;
(8) Recommendations for eliminating or changing statutes, rules, and policy directives as may be necessary to
ensure that the agency carry out reasonably and properly
those functions expressly vested in the department by statute;
and
(9) Verification of the reliability and validity of department performance data, self-assessments, and performance
measurement systems as required under RCW 43.88.090.
[2003 c 362 § 11.]
44.75.120 Contents of audit report. When conducting
a full performance audit of an agency or department, or a specific program within an agency or department, or multiple
agencies, in accordance with RCW 44.75.110, the legislative
auditor shall solicit input from appropriate industry representatives or experts. The audit report must make recommendations regarding the continuation, abolition, consolidation, or
reorganization of each affected agency, department, or program. The audit report must identify opportunities to develop
government partnerships, and eliminate program redundancies that will result in increased quality, effectiveness, and
efficiency of state agencies. [2003 c 362 § 12.]
44.75.120
44.75.800 Department of transportation audit. The
transportation performance audit board shall take steps to
ensure that the department of transportation is the first
agency subject to the performance review and audit process
established in chapter 362, Laws of 2003. [2003 c 362 § 15.]
44.75.800
44.75.900 Captions—2003 c 362. Captions used in this
act are not part of the law. [2003 c 362 § 18.]
44.75.900
44.75.901 Effective date—2003 c 362. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[May 19, 2003]. [2003 c 362 § 19.]
44.75.901
(2004 Ed.)
[Title 44 RCW—page 57]
Title 46
Chapters
46.01
46.04
46.08
46.09
46.10
46.12
46.16
46.20
46.21
46.23
46.25
46.29
46.30
46.32
46.37
46.38
46.39
46.44
46.48
46.52
46.55
46.61
46.63
46.64
46.65
46.68
46.70
46.71
46.72
46.72A
46.73
46.74
46.76
46.79
46.80
46.81
46.81A
46.82
46.83
46.85
46.87
46.88
46.90
46.93
46.96
46.98
Title 46
MOTOR VEHICLES
Consumer protection: Chapter 19.86 RCW.
Department of licensing.
Definitions.
General provisions.
Off-road and nonhighway vehicles.
Snowmobiles.
Certificates of ownership and registration.
Vehicle licenses.
Drivers' licenses—Identicards.
Driver license compact.
Nonresident violator compact.
Uniform Commercial Driver's License Act.
Financial responsibility.
Mandatory liability insurance.
Vehicle inspection.
Vehicle lighting and other equipment.
Vehicle equipment safety compact.
Interstate compact for school bus safety.
Size, weight, load.
Transportation of hazardous materials.
Accidents—Reports—Abandoned vehicles.
Towing and impoundment.
Rules of the road.
Disposition of traffic infractions.
Enforcement.
Washington Habitual Traffic Offenders Act.
Disposition of revenue.
Dealers and manufacturers.
Automotive repair.
Transportation of passengers in for hire vehicles.
Limousines.
Private carrier drivers.
Ride sharing.
Motor vehicle transporters.
Hulk haulers and scrap processors.
Vehicle wreckers.
Traffic safety education courses.
Motorcycle skills education program.
Driver training schools.
Traffic schools.
Reciprocal or proportional registration of
vehicles.
Proportional registration.
Out-of-state commercial vehicles—Intrastate
permits.
Washington Model Traffic Ordinance.
Motorsports vehicles—Dealer and manufacturer franchises.
Manufacturers' and dealers' franchise agreements.
Construction.
Aircraft and airman regulations: Chapter 14.16 RCW.
Aircraft dealers: Chapter 14.20 RCW.
Ambulances and drivers: RCW 70.54.060, 70.54.065.
Auto transportation companies: Title 81 RCW.
Bicycles, regulation by cities: Chapter 35.75 RCW.
Buses, unlawful conduct on: RCW 9.91.025.
(2004 Ed.)
Crimes
controlled substances, seizure and forfeiture of vehicles: RCW 69.50.505.
driving while intoxicated while engaged in occupational duties: RCW
9.91.020.
firearms in vehicle: RCW 9.41.050, 9.41.060.
taking motor vehicle without permission in the first or second degree:
RCW 9A.56.070, 9A.56.075.
vehicle prowling: RCW 9A.52.095, 9A.52.100.
Emission control program: Chapter 70.120 RCW.
Explosives, regulation: Chapter 70.74 RCW.
Fireworks, regulation, transportation: Chapter 70.77 RCW.
Highway funds, use, constitutional limitations: State Constitution Art. 2 § 40
(Amendment 18).
Hulk haulers and scrap processors: Chapter 46.79 RCW.
Juveniles, court to forward record to director of licensing: RCW 13.50.200.
Leases: Chapter 62A.2A RCW.
"Lemon Law": Chapter 19.118 RCW.
Limited access highways, violations: RCW 47.52.120.
Littering: Chapter 70.93 RCW.
Marine employees—Public employment relations: Chapter 47.64 RCW.
Motor boat regulation: Chapter 79A.60 RCW.
Motor vehicle
fuel tax: Chapter 82.36 RCW.
use tax: Chapter 82.12 RCW.
Motor vehicle fund income from United States securities—Exemption from
reserve fund requirement: RCW 43.84.095.
State patrol: Chapter 43.43 RCW.
Toll bridges: Chapters 47.56, 47.60 RCW.
Traffic control at work sites: RCW 47.36.200.
Traffic safety commission: Chapter 43.59 RCW.
Warranties, express: Chapter 19.118 RCW.
Chapter 46.01
Chapter 46.01 RCW
DEPARTMENT OF LICENSING
Sections
46.01.011
46.01.020
46.01.030
46.01.040
46.01.070
46.01.100
46.01.110
46.01.115
46.01.130
46.01.140
46.01.150
46.01.160
46.01.170
46.01.180
46.01.190
Purpose.
Department created.
Administration and improvement of certain motor vehicle
laws.
Powers, duties, and functions relating to motor vehicle laws
vested in department.
Functions performed by state patrol as agent for director of
licenses transferred to department.
Organization of department.
Rule-making authority.
Rules to implement 1998 c 165.
Powers of department and director—Personnel—Appointment
of county auditors as agents.
Special deputies and subagents of director—Disposition of
application fees.
Branch offices.
Forms for applications, licenses, and certificates.
Seal.
Oaths and acknowledgments.
Designation of state patrol as agent for surrender of drivers'
licenses.
[Title 46 RCW—page 1]
46.01.011
46.01.230
46.01.235
46.01.250
46.01.260
46.01.270
46.01.290
46.01.310
46.01.320
46.01.325
46.01.330
46.01.340
46.01.350
46.01.360
Title 46 RCW: Motor Vehicles
Payment by check or money order—Regulations—Surrender
of canceled license—Handling fee for dishonored checks—
Internet payment option.
Payment by credit or debit card.
Certified copies of records—Fee.
Destruction of records by director.
Destruction of records by county auditor.
Director to make annual reports to governor.
Immunity of licensing agents.
Title and registration advisory committee.
Agent and subagent fees—Analysis and evaluation.
Facilities siting coordination.
Data base of fuel dealer and distributor license information.
Fuel tax advisory group.
Fees—Study and adjustment.
Extension or modification of licensing, certification, or registration period
authorized—Rules and regulations, manner and content: RCW
43.24.140.
Gambling commission, administrator and staff for: RCW 9.46.080.
Health, department of, functions transferred to: RCW 43.70.901.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
46.01.011
46.01.011 Purpose. The legislature finds that the
department of licensing administers laws relating to the
licensing and regulation of professions, businesses, gambling, and other activities in addition to administering laws
relating to the licensing and regulation of vehicles and vehicle operators, dealers, and manufacturers. The laws administered by the department have the common denominator of
licensing and regulation and are directed toward protecting
and enhancing the well-being of the residents of the state.
[1994 c 92 § 500; 1979 c 158 § 113; 1977 ex.s. c 334 § 1.]
Effective date—1977 ex.s. c 334: "This 1977 amendatory act shall take
effect on July 1, 1977." [1977 ex.s. c 334 § 8.]
46.01.020
46.01.020 Department created. A department of the
government of this state to be known as the "department of
licensing" is hereby created. [1979 c 158 § 114; 1977 ex.s. c
334 § 2; 1965 c 156 § 2.]
Effective date—1977 ex.s. c 334: See note following RCW 46.01.011.
46.01.030
46.01.030 Administration and improvement of certain motor vehicle laws. The department shall be responsible for administering and recommending the improvement of
the motor vehicle laws of this state relating to:
(1) driver examining and licensing;
(2) driver improvement;
(3) driver records;
(4) financial responsibility;
(5) certificates of ownership;
(6) certificates of license registration and license plates;
(7) proration and reciprocity;
(8) liquid fuel tax collections;
(9) licensing of dealers, motor vehicle transporters,
motor vehicle wreckers, for hire vehicles, and drivers'
schools;
(10) general highway safety promotion in cooperation
with the Washington state patrol and traffic safety commission;
(11) such other activities as the legislature may provide.
[1990 c 250 § 14; 1965 c 156 § 3.]
Severability—1990 c 250: See note following RCW 46.16.301.
[Title 46 RCW—page 2]
46.01.040 Powers, duties, and functions relating to
motor vehicle laws vested in department. The department
of licensing is vested with all powers, functions, and duties
with respect to and including the following:
(1) The motor vehicle fuel excise tax as provided in
chapter 82.36 RCW;
(2) The special fuel tax as provided in chapter 82.38
RCW;
(3) The motor vehicle excise tax as provided in chapter
82.44 RCW;
(4) The house trailer excise tax as provided in chapter
82.50 RCW;
(5) All general powers and duties relating to motor vehicles as provided in chapter 46.08 RCW;
(6) Certificates of ownership and registration as provided in chapters 46.12 and 46.16 RCW;
(7) The registration and licensing of motor vehicles as
provided in chapters 46.12 and 46.16 RCW;
(8) Dealers' licenses as provided in chapter 46.70 RCW;
(9) The licensing of motor vehicle transporters as provided in chapter 46.76 RCW;
(10) The licensing of *motor vehicle wreckers as provided in chapter 46.80 RCW;
(11) The administration of the laws relating to reciprocal
or proportional registration of motor vehicles as provided in
chapter 46.85 RCW;
(12) The licensing of passenger vehicles for hire as provided in chapter 46.72 RCW;
(13) Operators' licenses as provided in chapter 46.20
RCW;
(14) Commercial driver training schools as provided in
chapter 46.82 RCW;
(15) Financial responsibility as provided in chapter
46.29 RCW;
(16) Accident reporting as provided in chapter 46.52
RCW;
(17) Disposition of revenues as provided in chapter
46.68 RCW; and
(18) The administration of all other laws relating to
motor vehicles vested in the director of licenses on June 30,
1965. [1983 c 3 § 117; 1979 c 158 § 115; 1965 c 156 § 4.]
46.01.040
*Reviser's note: "Motor vehicle wrecker" redesignated "vehicle
wrecker" by 1995 c 256.
46.01.070 Functions performed by state patrol as
agent for director of licenses transferred to department.
Functions named in RCW 46.01.030 which have been performed by the state patrol as agent of the director of licenses
before June 30, 1965 shall be performed by the department of
licensing after June 30, 1965. [1979 c 158 § 118; 1965 c 156
§ 7.]
46.01.070
46.01.100 Organization of department. Directors
shall organize the department in such manner as they may
deem necessary to segregate and conduct the work of the
department. [1990 c 250 § 16; 1965 c 156 § 10.]
46.01.100
Severability—1990 c 250: See note following RCW 46.16.301.
46.01.110 Rule-making authority. The director of
licensing is hereby authorized to adopt and enforce such reasonable rules as may be consistent with and necessary to
46.01.110
(2004 Ed.)
Department of Licensing
carry out the provisions relating to vehicle licenses, certificates of ownership and license registration and drivers'
licenses not in conflict with the provisions of Title 46 RCW:
PROVIDED, That the director of licensing may not adopt
rules after July 23, 1995, that are based solely on a section of
law stating a statute's intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt
any rule. [1995 c 403 § 108; 1979 c 158 § 120; 1965 c 156 §
11; 1961 c 12 § 46.08.140. Prior: 1937 c 188 § 79; RRS §
6312-79. Formerly RCW 46.08.140.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
46.01.115
46.01.115 Rules to implement 1998 c 165. The department of licensing may adopt rules as necessary to implement
chapter 165, Laws of 1998. [1998 c 165 § 14.]
Effective date—1998 c 165 §§ 8-14: See note following RCW
46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
46.01.130
46.01.130 Powers of department and director—Personnel—Appointment of county auditors as agents. The
department of licensing shall have the general supervision
and control of the issuing of vehicle licenses and vehicle
license number plates and shall have the full power to do all
things necessary and proper to carry out the provisions of the
law relating to the licensing of vehicles; the director shall
have the power to appoint and employ deputies, assistants
and representatives, and such clerks as may be required from
time to time, and to provide for their operation in different
parts of the state, and the director shall have the power to
appoint the county auditors of the several counties as his
agents for the licensing of vehicles. [1979 c 158 § 121; 1973
c 103 § 2; 1971 ex.s. c 231 § 8; 1965 c 156 § 13; 1961 c 12 §
46.08.090. Prior: 1937 c 188 § 26; RRS § 6312-26; prior:
1921 c 96 § 3, part; 1917 c 155 § 2, part; 1915 c 142 § 3, part.
Formerly RCW 46.08.090.]
Severability—1973 c 103: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 103 § 9.]
Effective date—1971 ex.s. c 231: "(1) Sections 1 through 7 of this
1971 amendatory act shall take effect on January 1, 1972.
(2) Sections 8 through 23 of this 1971 amendatory act shall take effect
on January 1, 1973." [1971 ex.s. c 231 § 24.]
46.01.140
46.01.140 Special deputies and subagents of director—Disposition of application fees. (1) The county auditor, if appointed by the director of licensing shall carry out the
provisions of this title relating to the licensing of vehicles and
the issuance of vehicle license number plates under the direction and supervision of the director and may with the
approval of the director appoint assistants as special deputies
and recommend subagents to accept applications and collect
fees for vehicle licenses and transfers and to deliver vehicle
license number plates.
(2) A county auditor appointed by the director may
request that the director appoint subagencies within the
county.
(2004 Ed.)
46.01.140
(a) Upon authorization of the director, the auditor shall
use an open competitive process including, but not limited to,
a written business proposal and oral interview to determine
the qualifications of all interested applicants.
(b) A subagent may recommend a successor who is
either the subagent's sibling, spouse, or child, or a subagency
employee, as long as the recommended successor participates
in the open, competitive process used to select an applicant.
In making successor recommendation and appointment
determinations, the following provisions apply:
(i) If a subagency is held by a partnership or corporate
entity, the nomination must be submitted on behalf of, and
agreed to by, all partners or corporate officers.
(ii) No subagent may receive any direct or indirect compensation or remuneration from any party or entity in recognition of a successor nomination. A subagent may not
receive any financial benefit from the transfer or termination
of an appointment.
(iii) (a) and (b) of this subsection are intended to assist in
the efficient transfer of appointments in order to minimize
public inconvenience. They do not create a proprietary or
property interest in the appointment.
(c) The auditor shall submit all proposals to the director,
and shall recommend the appointment of one or more subagents who have applied through the open competitive process. The auditor shall include in his or her recommendation
to the director, not only the name of the successor who is a
relative or employee, if applicable and if otherwise qualified,
but also the name of one other applicant who is qualified and
was chosen through the open competitive process. The director has final appointment authority.
(3)(a) A county auditor who is appointed as an agent by
the department shall enter into a standard contract provided
by the director, developed with the advice of the title and registration advisory committee.
(b) A subagent appointed under subsection (2) of this
section shall enter into a standard contract with the county
auditor, developed with the advice of the title and registration
advisory committee. The director shall provide the standard
contract to county auditors.
(c) The contracts provided for in (a) and (b) of this subsection must contain at a minimum provisions that:
(i) Describe the responsibilities, and where applicable,
the liability, of each party relating to the service expectations
and levels, equipment to be supplied by the department, and
equipment maintenance;
(ii) Require the specific type of insurance or bonds so
that the state is protected against any loss of collected motor
vehicle tax revenues or loss of equipment;
(iii) Specify the amount of training that will be provided
by the state, the county auditor, or subagents;
(iv) Describe allowable costs that may be charged to
vehicle licensing activities as provided for in (d) of this subsection;
(v) Describe the causes and procedures for termination
of the contract, which may include mediation and binding
arbitration.
(d) The department shall develop procedures that will
standardize and prescribe allowable costs that may be
assigned to vehicle licensing and vessel registration and title
activities performed by county auditors.
[Title 46 RCW—page 3]
46.01.150
Title 46 RCW: Motor Vehicles
(e) The contracts may include any provision that the
director deems necessary to ensure acceptable service and the
full collection of vehicle and vessel tax revenues.
(f) The director may waive any provisions of the contract
deemed necessary in order to ensure that readily accessible
service is provided to the citizens of the state.
(4)(a) At any time any application is made to the director, the county auditor, or other agent pursuant to any law
dealing with licenses, registration, or the right to operate any
vehicle or vessel upon the public highways or waters of this
state, excluding applicants already paying such fee under
RCW 46.16.070 or 46.16.085, the applicant shall pay to the
director, county auditor, or other agent a fee of three dollars
for each application in addition to any other fees required by
law.
(b) Counties that do not cover the expenses of vehicle
licensing and vessel registration and title activities may submit to the department a request for cost-coverage moneys.
The request must be submitted on a form developed by the
department. The department shall develop procedures to verify whether a request is reasonable. Payment shall be made
on requests found to be allowable from the licensing services
account.
(c) Applicants for certificates of ownership, including
applicants paying fees under RCW 46.16.070 or 46.16.085,
shall pay to the director, county auditor, or other agent a fee
of four dollars in addition to any other fees required by law.
(d) The fees under (a) and (c) of this subsection, if paid
to the county auditor as agent of the director, or if paid to a
subagent of the county auditor, shall be paid to the county
treasurer in the same manner as other fees collected by the
county auditor and credited to the county current expense
fund. If the fee is paid to another agent of the director, the fee
shall be used by the agent to defray his or her expenses in
handling the application.
(e) Applicants required to pay the three-dollar fee established under (a) of this subsection, must pay an additional
seventy-five cents, which must be collected and remitted to
the state treasurer and distributed as follows:
(i) Fifty cents must be deposited into the department of
licensing services account of the motor vehicle fund and must
be used for agent and subagent support, which is to include
but not be limited to the replacement of department-owned
equipment in the possession of agents and subagents.
(ii) Twenty-five cents must be deposited into the license
plate technology account created under RCW 46.16.685.
(5) A subagent shall collect a service fee of (a) eight dollars and fifty cents for changes in a certificate of ownership,
with or without registration renewal, or verification of record
and preparation of an affidavit of lost title other than at the
time of the title application or transfer and (b) three dollars
and fifty cents for registration renewal only, issuing a transit
permit, or any other service under this section.
(6) If the fee is collected by the state patrol as agent for
the director, the fee so collected shall be certified to the state
treasurer and deposited to the credit of the state patrol highway account. If the fee is collected by the department of
transportation as agent for the director, the fee shall be certified to the state treasurer and deposited to the credit of the
motor vehicle fund. All such fees collected by the director or
[Title 46 RCW—page 4]
branches of his office shall be certified to the state treasurer
and deposited to the credit of the highway safety fund.
(7) Any county revenues that exceed the cost of providing vehicle licensing and vessel registration and title activities in a county, calculated in accordance with the procedures
in subsection (3)(d) of this section, shall be expended as
determined by the county legislative authority during the process established by law for adoption of county budgets.
(8) The director may adopt rules to implement this section. [2003 c 370 § 3; 2001 c 331 § 1; 1996 c 315 § 1; 1992
c 216 § 1; 1991 c 339 § 16; 1990 c 250 § 89; 1988 c 12 § 1;
1987 c 302 § 1; 1985 c 380 § 12. Prior: 1983 c 77 § 1; 1983
c 26 § 1; 1980 c 114 § 2; 1979 c 158 § 122; 1975 1st ex.s. c
146 § 1; 1973 c 103 § 1; 1971 ex.s. c 231 § 9; 1971 ex.s. c 91
§ 3; 1965 c 156 § 14; 1963 c 85 § 1; 1961 c 12 § 46.08.100;
prior: 1955 c 89 § 3; 1937 c 188 § 27; RRS § 6312-27. Formerly RCW 46.08.100.]
Application—2003 c 370: "Sections 2 and 3 of this act take effect for
renewals that are due or become due on or after November 1, 2003." [2003
c 370 § 6.] Section 2 of this act was vetoed by the governor.
Effective dates—1996 c 315 §§ 1, 4, 5: "(1) Section 4 of this act and
the amendments to RCW 46.01.140(4) (a) and (c) by section 1 of this act
become effective on vehicle fees due or to become due on January 1, 1997,
and thereafter.
(2) Section 5 of this act and the amendments to RCW 46.01.140(4) (a)
and (c) by section 1 of this act become effective on vessel fees due or to
become due on July 1, 1997, and thereafter.
(3) The amendments to RCW 46.01.140(5) (a) and (b) by section 1 of
this act become effective on July 1, 1996." [1996 c 315 § 6.]
Effective date—1991 c 339 §§ 16, 17: "Sections 16 and 17 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect July 1, 1991." [1991 c 339 § 34.]
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1987 c 302: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 302 § 5.]
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.01.150
46.01.150 Branch offices. The department may maintain such branch offices within the state as the director may
deem necessary properly to carry out the powers and duties
vested in the department. [1965 c 156 § 15.]
Office of department, maintenance at state capital: RCW 43.17.050.
46.01.160
46.01.160 Forms for applications, licenses, and certificates. The director shall prescribe and provide suitable
forms of applications, certificates of ownership and registration, drivers' licenses and all other forms and licenses requisite or deemed necessary to carry out the provisions of Title
46 RCW and any other laws the enforcement and administration of which are vested in the department. [1965 c 156 § 16.]
Director to prescribe forms for applications, licenses, and certificates:
RCW 43.24.040.
46.01.170
46.01.170 Seal. The department shall have an official
seal with the words "Department of Licensing of Washington" engraved thereon. [1977 ex.s. c 334 § 4; 1965 c 156 §
17.]
Effective date—1977 ex.s. c 334: See note following RCW 46.01.011.
(2004 Ed.)
Department of Licensing
46.01.180 Oaths and acknowledgments. Officers and
employees of the department designated by the director are,
for the purpose of administering the motor vehicle laws,
authorized to administer oaths and acknowledge signatures
and shall do so without fee. [1965 c 156 § 18.]
46.01.180
Oath of director: RCW 43.17.030.
46.01.190 Designation of state patrol as agent for surrender of drivers' licenses. The director of licensing may
designate the Washington state patrol as an agent to secure
the surrender of drivers' licenses which have been suspended,
revoked, or canceled pursuant to law. [1979 c 158 § 123;
1965 c 156 § 19.]
46.01.190
46.01.230 Payment by check or money order—Regulations—Surrender of canceled license—Handling fee for
dishonored checks—Internet payment option. (1) The
department of licensing is authorized to accept checks and
money orders for payment of drivers' licenses, certificates of
ownership and registration, motor vehicle excise taxes, gross
weight fees, and other fees and taxes collected by the department, in accordance with regulations adopted by the director.
The director's regulations shall duly provide for the public's
convenience consistent with sound business practice and
shall encourage the annual renewal of vehicle registrations by
mail to the department, authorizing checks and money orders
for payment. Such regulations shall contain provisions for
cancellation of any registrations, licenses, or permits paid for
by checks or money orders which are not duly paid and for
the necessary accounting procedures in such cases: PROVIDED, That any bona fide purchaser for value of a vehicle
shall not be liable or responsible for any prior uncollected
taxes and fees paid, pursuant to this section, by a check which
has subsequently been dishonored: AND PROVIDED FURTHER, That no transfer of ownership of a vehicle may be
denied to a bona fide purchaser for value of a vehicle if there
are outstanding uncollected fees or taxes for which a predecessor paid, pursuant to this section, by check which has subsequently been dishonored nor shall the new owner be
required to pay any fee for replacement vehicle license number plates that may be required pursuant to RCW 46.16.270
as now or hereafter amended.
(2) It is a traffic infraction to fail to surrender within ten
days to the department or any authorized agent of the department any certificate, license, or permit after being notified
that such certificate, license, or permit has been canceled pursuant to this section. Notice of cancellation may be accomplished by sending a notice by first class mail using the last
known address in department records for the holder of the
certificate, license, or permit, and recording the transmittal on
an affidavit of first class mail.
(3) Whenever registrations, licenses, or permits have
been paid for by checks that have been dishonored by nonacceptance or nonpayment, a reasonable handling fee may be
assessed for each such instrument. Notwithstanding provisions of any other laws, county auditors, agents, and subagents, appointed or approved by the director pursuant to
RCW 46.01.140, may collect restitution, and where they have
collected restitution may retain the reasonable handling fee.
The amount of the reasonable handling fee may be set by rule
by the director.
46.01.230
(2004 Ed.)
46.01.260
(4) In those counties where the county auditor has been
appointed an agent of the director under RCW 46.01.140, the
auditor shall continue to process mail-in registration renewals
until directed otherwise by legislative authority. Subagents
appointed by the director under RCW 46.01.140 have the
same authority to mail out registrations and replacement
plates to Internet payment option customers as the agents
until directed otherwise by legislative authority. The department shall provide separate statements giving notice to Internet payment option customers that: (a) A subagent service
fee, as provided in RCW 46.01.140(5)(b), will be collected
by a subagent office for providing mail and pick-up services;
and (b) a filing fee will be collected on all transactions listed
under RCW 46.01.140(4)(a). The statement must include the
amount of the fee and be published on the department's Internet web site on the page that lists each department, county
auditor, and subagent office, eligible to provide mail or pickup services for registration renewals and replacement plates.
The statements must be published below each office listed.
[2003 c 369 § 1; 1994 c 262 § 1; 1992 c 216 § 2; 1987 c 302
§ 2; 1979 ex.s. c 136 § 39; 1979 c 158 § 124; 1975 c 52 § 1;
1965 ex.s. c 170 § 44.]
Effective date—2003 c 369: "This act takes effect October 1, 2003."
[2003 c 369 § 2.]
Severability—1987 c 302: See note following RCW 46.01.140.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.01.235 Payment by credit or debit card. The
department may adopt necessary rules and procedures to
allow use of credit and debit cards for payment of fees and
excise taxes to the department and its agents or subagents
related to the licensing of drivers, the issuance of identicards,
and vehicle and vessel titling and registration. The department may establish a convenience fee to be paid by the credit
or debit card user whenever a credit or debit card is chosen as
the payment method. The fee must be sufficient to offset the
charges imposed on the department and its agents and subagents by credit and debit card companies. In no event may
the use of credit or debit cards authorized by this section create a loss of revenue to the state.
The use of a personal credit card does not rely upon the
credit of the state as prohibited by Article VIII, section 5 of
the state Constitution. [2004 c 249 § 9; 1999 c 271 § 1.]
46.01.235
46.01.250 Certified copies of records—Fee. The
director shall have the power and it shall be his duty upon
request and payment of the fee as provided herein to furnish
under seal of the director certified copies of any records of
the department, except those for confidential use only. The
director shall charge and collect therefor the actual cost to the
department. Any funds accruing to the director of licensing
under this section shall be certified and sent to the state treasurer and by him deposited to the credit of the highway safety
fund. [1979 c 158 § 125; 1967 c 32 § 3; 1961 c 12 §
46.08.110. Prior: 1937 c 188 § 80; RRS § 6312-80. Formerly
RCW 46.08.110.]
46.01.250
46.01.260 Destruction of records by director. (1)
Except as provided in subsection (2) of this section, the director, in his or her discretion, may destroy applications for vehi46.01.260
[Title 46 RCW—page 5]
46.01.270
Title 46 RCW: Motor Vehicles
cle licenses, copies of vehicle licenses issued, applications
for drivers' licenses, copies of issued drivers' licenses, certificates of title and registration or other documents, records or
supporting papers on file in his or her office which have been
microfilmed or photographed or are more than five years old.
If the applications for vehicle licenses are renewal applications, the director may destroy such applications when the
computer record thereof has been updated.
(2)(a) The director shall not destroy records of convictions or adjudications of RCW 46.61.520 and 46.61.522 or
records of deferred prosecutions granted under RCW
10.05.120 and shall maintain such records permanently on
file.
(b) The director shall not, within fifteen years from the
date of conviction or adjudication, destroy records of the following:
(i) Convictions or adjudications of the following
offenses: RCW 46.61.502 or 46.61.504; or
(ii) If the offense was originally charged as one of the
offenses designated in (a) or (b)(i) of this subsection, convictions or adjudications of the following offenses: RCW
46.61.500 or 46.61.5249 or any other violation that was originally charged as one of the offenses designated in (a) or
(b)(i) of this subsection.
(c) For purposes of RCW 46.52.101 and 46.52.130,
offenses subject to this subsection shall be considered "alcohol-related" offenses. [1999 c 86 § 2; 1998 c 207 § 3; 1997 c
66 § 11; 1996 c 199 § 4; 1994 c 275 § 14; 1984 c 241 § 1;
1971 ex.s. c 22 § 1; 1965 ex.s. c 170 § 45; 1961 c 12 §
46.08.120. Prior: 1955 c 76 § 1; 1951 c 241 § 1; 1937 c 188
§ 77; RRS § 6312-77. Formerly RCW 46.08.120.]
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—1996 c 199: See note following RCW 9.94A.505.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.01.270
46.01.270 Destruction of records by county auditor.
The county auditor may destroy applications for vehicle
licenses and any copies of vehicle licenses issued after such
records have been on file in the auditor's office for a period of
eighteen months, unless otherwise directed by the director.
[1991 c 339 § 18; 1967 c 32 § 4; 1961 c 12 § 46.08.130. Prior:
1937 c 188 § 78; RRS § 6312-78. Formerly RCW 46.08.130.]
46.01.290
46.01.290 Director to make annual reports to governor. The director shall report annually to the governor on the
activities of the department. [1977 c 75 § 66; 1967 c 32 § 5;
1965 c 28 § 1; 1961 ex.s. c 21 § 29. Formerly RCW
46.08.200.]
46.01.310
46.01.310 Immunity of licensing agents. No civil suit
or action may ever be commenced or prosecuted against any
county auditor, or against any other government officer or
entity, or against any other person, by reason of any act done
or omitted to be done in connection with the titling, licensing,
or registration of vehicles or vessels while administering
duties and responsibilities as an agent of the director of
licensing, or as an agent of an agent of the director of licensing, pursuant to RCW 46.01.140. However, this section does
not bar the state of Washington or the director of licensing
[Title 46 RCW—page 6]
from bringing any action, whether civil or criminal, against
any such agent, nor shall it bar a county auditor or other agent
of the director from bringing an action against his or her
agent. [1987 c 302 § 3.]
Retroactive application—1987 c 302 § 3: "Section 3 of this act shall
apply retroactively to all claims for which actions have not been filed before
May 8, 1987." [1987 c 302 § 4.]
Severability—1987 c 302: See note following RCW 46.01.140.
46.01.320
46.01.320 Title and registration advisory committee.
The title and registration advisory committee is created
within the department. The committee consists of the director
or a designee, who shall serve as chair, the assistant director
for vehicle services, the administrator of title and registration
services, two members from each of the house and senate
transportation committees, two county auditors nominated by
the Washington association of county officials, and two representatives of subagents nominated by an association of
vehicle subagents. The committee shall meet at least twice a
year, and may meet as often as is necessary.
The committee's purpose is to foster communication
between the legislature, the department, county auditors, and
subagents. The committee shall make recommendations
when requested by the legislative transportation committee,
or on its own initiative, about revisions to fee structures,
implications of fee revisions on cost sharing, and the development of standard contracts provided for in RCW
46.01.140(3). [1996 c 315 § 2; 1992 c 216 § 3.]
46.01.325 Agent and subagent fees—Analysis and
evaluation. (1) The director shall prepare, with the advice of
the title and registration advisory committee, an annual comprehensive analysis and evaluation of agent and subagent
fees. The director shall make recommendations for agent and
subagent fee revisions approved by the title and registration
advisory committee to the legislative transportation committee by January 1st of every third year starting with 1996. Fee
revision recommendations may be made more frequently
when justified by the annual analysis and evaluation, and
requested by the title and registration advisory committee.
(2) The annual comprehensive analysis and evaluation
must consider, but is not limited to:
(a) Unique and significant financial, legislative, or other
relevant developments that may impact fees;
(b) Current funding for ongoing operating and maintenance automation project costs affecting revenue collection
and service delivery;
(c) Future system requirements including an appropriate
sharing of costs between the department, agents, and subagents;
(d) Beneficial mix of customer service delivery options
based on a fee structure commensurate with quality performance standards;
(e) Appropriate indices projecting state and national
growth in business and economic conditions prepared by the
United States department of commerce, the department of
revenue, and the revenue forecast council for the state of
Washington. [1996 c 315 § 3.]
46.01.325
46.01.330 Facilities siting coordination. The state
patrol and the department of licensing shall coordinate their
46.01.330
(2004 Ed.)
Definitions
activities when siting facilities. This coordination shall result
in the collocation of driver and vehicle licensing and vehicle
inspection service facilities whenever possible.
The department and state patrol shall explore alternative
state services, such as vehicle emission testing, that would be
feasible to collocate in these joint facilities. The department
and state patrol shall reach agreement with the department of
transportation for the purposes of offering department of
transportation permits at these one-stop transportation centers. All services provided at these transportation service
facilities shall be provided at cost to the participating agencies.
In those instances where the community need or the
agencies' needs do not warrant collocation this section shall
not apply. [1993 sp.s. c 23 § 46.]
Effective dates—1993 sp.s. c 23: See note following RCW 43.89.010.
46.01.340
46.01.340 Data base of fuel dealer and distributor
license information. By December 31, 1996, the department
of licensing shall implement a PC or server-based data base
of fuel dealer and distributor license application information.
[1996 c 104 § 17.]
46.01.350
46.01.350 Fuel tax advisory group. By July 1, 1996,
the department of licensing shall establish a fuel tax advisory
group comprised of state agency and petroleum industry representatives to develop or recommend audit and investigation
techniques, changes to fuel tax statutes and rules, information
protocols that allow sharing of information with other states,
and other tools that improve fuel tax administration or combat fuel tax evasion. [1996 c 104 § 18.]
46.01.360
46.01.360 Fees—Study and adjustment. To ensure
cost recovery for department of licensing services, the department of licensing shall submit a fee study to the transportation committees of the house of representatives and the senate by December 1, 2003, and on a biennial basis thereafter.
Based on this fee study, the Washington state legislature will
review and adjust fees accordingly. [2002 c 352 § 27.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Chapter 46.04
Chapter 46.04 RCW
DEFINITIONS
Sections
46.04.010
46.04.015
46.04.020
46.04.030
46.04.040
46.04.050
46.04.060
46.04.071
46.04.080
46.04.085
46.04.090
46.04.100
46.04.110
46.04.115
46.04.120
46.04.125
46.04.127
46.04.130
46.04.140
46.04.144
(2004 Ed.)
Scope and construction of terms.
Alcohol concentration.
Alley.
Arterial highway.
Authorized emergency vehicle.
Auto stage.
Axle.
Bicycle.
Business district.
Camper.
Cancel.
Center line.
Center of intersection.
Chauffeur.
City street.
Collector.
Collegiate license plates.
Combination of vehicles.
Commercial vehicle.
Cooper Jones Act license plate emblems.
46.04.150
46.04.160
46.04.162
46.04.163
46.04.165
46.04.167
46.04.168
46.04.169
46.04.1695
46.04.1697
46.04.170
46.04.180
46.04.181
46.04.182
46.04.183
46.04.187
46.04.190
46.04.194
46.04.196
46.04.197
46.04.200
46.04.215
46.04.220
46.04.240
46.04.251
46.04.260
46.04.265
46.04.270
46.04.272
46.04.274
46.04.276
46.04.280
46.04.290
46.04.300
46.04.302
46.04.303
46.04.304
46.04.305
46.04.310
46.04.320
46.04.330
46.04.332
46.04.336
46.04.340
46.04.350
46.04.355
46.04.357
46.04.360
46.04.370
46.04.380
46.04.381
46.04.3815
46.04.382
46.04.391
46.04.400
46.04.405
46.04.408
46.04.410
46.04.414
46.04.415
46.04.416
46.04.420
46.04.429
46.04.435
46.04.440
46.04.450
46.04.455
46.04.460
46.04.465
46.04.466
46.04.470
46.04.480
46.04.490
46.04.500
46.04.510
46.04.521
46.04.530
46.04.540
46.04.550
46.04.552
46.04.555
46.04.560
46.04.565
Chapter 46.04
County road.
Crosswalk.
Department.
Director.
Driveaway-towaway operation.
Driver education.
Driving privilege withheld.
Electric-assisted bicycle.
Electric personal assistive mobility device (EPAMD).
Electronic commerce.
Explosives.
Farm tractor.
Farm vehicle.
Farmer.
Farming.
Flammable liquid.
For hire vehicle.
Garbage truck.
Helping Kids Speak license plates.
Highway.
Hours of darkness.
Ignition interlock device—Other biological or technical
device—Definitions.
Intersection area.
Intersection control area.
Kit vehicle.
Laned highway.
Law enforcement memorial license plates.
Legal owner.
Lightweight stud.
Limousine, etc.
Limousine carrier.
Local authorities.
Marked crosswalk.
Metal tire.
Mobile home, manufactured home.
Modular home.
Moped.
Motor homes.
Motor truck.
Motor vehicle.
Motorcycle.
Motor-driven cycle.
Motorized foot scooter.
Muffler.
Multiple lane highway.
Municipal transit vehicle.
Neighborhood electric vehicle.
Nonresident.
Operator or driver.
Owner.
Park or parking.
Parts car.
Passenger car.
Police officer.
Pedestrian.
Person.
Photograph, picture, negative.
Pneumatic tires.
Pole trailer.
Power wheelchair.
Private carrier bus.
Private road or driveway.
Professional fire fighters and paramedics license plates.
Public scale.
Railroad.
Railroad sign or signal.
Reasonable grounds.
Registered owner.
Rental car.
Rental car business.
Residence district.
Revoke.
Road tractor.
Roadway.
Safety zone.
School bus.
Semitrailer.
Sidewalk.
Solid tire.
Special mobile equipment.
Stand or standing.
State highway.
Stop.
[Title 46 RCW—page 7]
46.04.010
46.04.566
46.04.570
46.04.571
46.04.580
46.04.582
46.04.585
46.04.590
46.04.600
46.04.611
46.04.620
46.04.622
46.04.623
46.04.630
46.04.640
46.04.650
46.04.653
46.04.655
46.04.660
46.04.670
46.04.672
46.04.710
Title 46 RCW: Motor Vehicles
Stop or stopping.
Street car.
Street rod vehicle.
Suspend.
Tandem axle.
Temporarily sojourning.
Traffic.
Traffic control signal.
Traffic-control devices.
Trailer.
Park trailer.
Travel trailer.
Train.
Trolley vehicle.
Tractor.
Truck.
Truck tractor.
Used vehicle.
Vehicle.
Vehicle or pedestrian right of way.
Wheelchair conveyance.
Abandoned, unauthorized, and junk vehicles, definitions relating to: RCW
46.55.010.
Certificates of ownership and registration, definitions relating to: RCW
46.12.005.
milliliters of a person's blood. [1995 c 332 § 17; 1994 c 275
§ 1.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—1994 c 275: "This act shall be known as the "1994 Omnibus Drunk Driving Act."" [1994 c 275 § 43.]
Effective date—1994 c 275: "This act shall take effect July 1, 1994."
[1994 c 275 § 46.]
46.04.020 Alley. "Alley" means a public highway not
designed for general travel and used primarily as a means of
access to the rear of residences and business establishments.
[1961 c 12 § 46.04.020. Prior: 1959 c 49 § 3; prior: 1937 c
189 § 1, part; RRS § 6360-1, part.]
46.04.020
46.04.030 Arterial highway. "Arterial highway"
means every public highway, or portion thereof, designated
as such by proper authority. [1961 c 12 § 46.04.030. Prior:
1959 c 49 § 4; prior: 1937 c 189 § 1, part; RRS § 6360-1,
part.]
46.04.030
Commercial drivers' licenses, definitions relating to: RCW 46.25.010.
46.04.040 Authorized emergency vehicle. "Authorized emergency vehicle" means any vehicle of any fire
department, police department, sheriff's office, coroner, prosecuting attorney, Washington state patrol, ambulance service,
public or private, which need not be classified, registered or
authorized by the state patrol, or any other vehicle authorized
in writing by the state patrol. [1987 c 330 § 701; 1961 c 12 §
46.04.040. Prior: 1959 c 49 § 5; 1953 c 40 § 1; prior: (i) 1943
c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 63121, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.040
"Conviction" defined: RCW 46.20.270.
Driver training schools, definitions relating to: RCW 46.82.280.
"Finding that a traffic infraction has been committed" defined: RCW
46.20.270.
"Habitual offender" defined: RCW 46.65.020.
"Ignition interlock, biological, technical devices" defined: RCW 46.20.710.
"Judgment" defined for purposes of financial responsibility: RCW
46.29.270.
"Motor vehicle dealer" defined: RCW 46.70.011.
"Motor vehicle liability policy" defined: RCW 46.29.490.
Off-road vehicles, definitions relating to: RCW 46.09.020.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
"Proof of financial responsibility for the future" defined: RCW 46.29.260.
"Resident" defined: RCW 46.16.028, 46.20.021.
Snowmobiles, definitions relating to: RCW 46.10.010.
"State" defined for purposes of financial responsibility: RCW 46.29.270.
"Traffic infraction, finding that has been committed" defined: RCW
46.20.270.
46.04.010
46.04.010 Scope and construction of terms. Terms
used in this title shall have the meaning given to them in this
chapter except where otherwise defined, and unless where
used the context thereof shall clearly indicate to the contrary.
Words and phrases used herein in the past, present or
future tense shall include the past, present and future tenses;
words and phrases used herein in the masculine, feminine or
neuter gender shall include the masculine, feminine and neuter genders; and words and phrases used herein in the singular
or plural shall include the singular and plural; unless the context thereof shall indicate to the contrary. [1961 c 12 §
46.04.010. Prior: 1959 c 49 § 2; prior: (i) 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part;
1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1, part;
1917 c 155 § 1, part; 1915 c 142 § 2, part; RRS § 6313, part.
(ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1,
part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.050 Auto stage. "Auto stage" means any motor
vehicle used for the purpose of carrying passengers together
with incidental baggage and freight or either, on a regular
schedule of time and rates: PROVIDED, That no motor vehicle shall be considered to be an auto stage where substantially
the entire route traveled by such vehicle is within the corporate limits of any city or town or the corporate limits of any
adjoining cities or towns. [1961 c 12 § 46.04.050. Prior:
1959 c 49 § 6; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1,
part; Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part;
1921 c 96 § 2, part; 1919 c 59 § 1, part; 1917 c 155 § 1, part;
1915 c 142 § 1, part; RRS § 6313, part. (ii) 1937 c 189 § 1,
part; RRS § 6360-1, part.]
46.04.050
46.04.060 Axle. "Axle" means structure or structures in
the same or approximately the same transverse plane with a
vehicle supported by wheels and on which or with which
such wheels revolve. [1961 c 12 § 46.04.060. Prior: 1959 c
49 § 7; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; RRS §
6313, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929
c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.060
46.04.071 Bicycle. "Bicycle" means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of which is
sixteen inches or more in diameter, or three wheels, any one
46.04.071
46.04.015
46.04.015 Alcohol concentration. "Alcohol concentration" means (1) grams of alcohol per two hundred ten liters of
a person's breath, or (2) grams of alcohol per one hundred
[Title 46 RCW—page 8]
(2004 Ed.)
Definitions
of which is more than twenty inches in diameter. [1982 c 55
§ 4; 1965 ex.s. c 155 § 86.]
46.04.080 Business district. "Business district" means
the territory contiguous to and including a highway when
within any six hundred feet along such highway there are
buildings in use for business or industrial purposes, including
but not limited to hotels, banks, or office buildings, railroad
stations, and public buildings which occupy at least three
hundred feet of frontage on one side or three hundred feet
collectively on both sides of the highway. [1975 c 62 § 2;
1961 c 12 § 46.04.080. Prior: 1959 c 49 § 9; prior: 1937 c
189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927
c 309 § 2, part; RRS § 6362-2, part.]
46.04.080
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.085 Camper. "Camper" means a structure
designed to be mounted upon a motor vehicle which provides
facilities for human habitation or for temporary outdoor or
recreational lodging and which is five feet or more in overall
length and five feet or more in height from its floor to its ceiling when fully extended, but shall not include motor homes
as defined in RCW 46.04.305. [1971 ex.s. c 231 § 2.]
46.04.162
collects, purchases, acquires, trades, or disposes of the vehicle or parts of it, for his or her personal use, in order to preserve, restore, and maintain the vehicle for hobby or historical purposes. [1996 c 225 § 2.]
Finding—1996 c 225: "The legislature finds and declares that
constructive leisure pursuits by Washington citizens is most important. This
act is intended to encourage responsible participation in the hobby of collecting, preserving, restoring, and maintaining motor vehicles of historic and
special interest, which hobby contributes to the enjoyment of the citizens and
the preservation of Washington's automotive memorabilia." [1996 c 225 §
1.]
46.04.127
46.04.127 Collegiate license plates. "Collegiate
license plates" means license plates that display a depiction
of the name and mascot or symbol of a state university,
regional university, or state college as defined in RCW
28B.10.016. [1994 c 194 § 1.]
46.04.085
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.04.130
46.04.130 Combination of vehicles. "Combination of
vehicles" means every combination of motor vehicle and
motor vehicle, motor vehicle and trailer or motor vehicle and
semitrailer. [1963 c 154 § 26; 1961 c 12 § 46.04.130. Prior:
1959 c 49 § 14; prior: (i) 1943 c 153 § 1, part; 1937 c 188 §
1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1,
part; RRS § 6360-1, part.]
Effective date—1963 c 154: See note following RCW 46.37.010.
46.04.090 Cancel. "Cancel," in all its forms, means
invalidation indefinitely. [1979 c 61 § 1; 1961 c 12 §
46.04.090. Prior: 1959 c 49 § 10; prior: (i) 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part.
(ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.090
46.04.100 Center line. "Center line" means the line,
marked or unmarked, parallel to and equidistant from the
sides of a two-way traffic roadway of a highway except
where otherwise indicated by painted lines or markers. [1975
c 62 § 3; 1961 c 12 § 46.04.100. Prior: 1959 c 49 § 11; prior:
1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.100
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.110
46.04.110 Center of intersection. "Center of intersection" means the point of intersection of the center lines of the
roadway of intersecting public highways. [1961 c 12 §
46.04.110. Prior: 1959 c 49 § 12; prior: 1937 c 189 § 1, part;
RRS § 6360-1, part.]
46.04.115
46.04.115 Chauffeur. "Chauffeur" means a person
authorized by the department under this title to drive a limousine, and, if operating in a port district that regulates limousines under RCW 46.72A.030(2), meets the licensing
requirements of that port district. [1996 c 87 § 1.]
46.04.120
46.04.120 City street. "City street" means every public
highway, or part thereof located within the limits of cities and
towns, except alleys. [1961 c 12 § 46.04.120. Prior: 1959 c
49 § 13; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part.]
46.04.125 Collector. "Collector" means the owner of
one or more vehicles described in RCW 46.16.305(1) who
46.04.125
(2004 Ed.)
46.04.140
46.04.140 Commercial vehicle. "Commercial vehicle"
means any vehicle the principal use of which is the transportation of commodities, merchandise, produce, freight, animals, or passengers for hire. [1961 c 12 § 46.04.140. Prior:
1959 c 49 § 15; prior: (i) 1943 c 153 § 1, part; 1937 c 188 §
1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1,
part; RRS § 6360-1, part.]
46.04.144
46.04.144 Cooper Jones Act license plate emblems.
"Cooper Jones Act license plate emblems" means emblems
on valid Washington license plates that display the symbol of
bicycle safety created in RCW 46.16.333. [2002 c 264 § 2.]
Finding—2002 c 264: See note following RCW 46.16.333.
46.04.150
46.04.150 County road. "County road" means every
public highway or part thereof, outside the limits of cities and
towns and which has not been designated as a state highway.
[1961 c 12 § 46.04.150. Prior: 1959 c 49 § 16; prior: (i) 1943
c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 63121, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.160
46.04.160 Crosswalk. "Crosswalk" means the portion
of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event
there are no sidewalks then between the intersection area and
a line ten feet therefrom, except as modified by a marked
crosswalk. [1961 c 12 § 46.04.160. Prior: 1959 c 49 § 17;
prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.162
46.04.162 Department. The term "department" shall
mean the department of licensing unless a different department is specified. [1979 c 158 § 126; 1975 c 25 § 4. Formerly
RCW 46.04.690.]
[Title 46 RCW—page 9]
46.04.163
Title 46 RCW: Motor Vehicles
46.04.163
46.04.163 Director. The term "director" shall mean the
director of licensing unless the director of a different department of government is specified. [1979 c 158 § 127; 1975 c
25 § 5. Formerly RCW 46.04.695.]
46.04.165
46.04.165 Driveaway-towaway operation. "Driveaway-towaway operation" means any operation in which any
motor vehicle, trailer or semitrailer, singly or in combination,
new or used, constitutes the commodity being transported
when one set or more wheels of any such vehicle are on the
roadway during the course of transportation, whether or not
any such vehicle furnishes the motive power. [1963 c 154 §
27.]
Effective date—1963 c 154: See note following RCW 46.37.010.
46.04.167
46.04.167 Driver education. Whenever the term
"driver education" is used in the code, it shall be defined to
mean "traffic safety education". [1969 ex.s. c 218 § 12. Formerly RCW 46.04.700.]
46.04.168
46.04.168 Driving privilege withheld. "Driving privilege withheld" means that the department has revoked, suspended, or denied a person's Washington state driver's
license, permit to drive, driving privilege, or nonresident
driving privilege. [1999 c 6 § 2.]
ducted over the Internet or by telephone or other electronic
means. [2004 c 249 § 1.]
46.04.170
46.04.170 Explosives. "Explosives" means any chemical compound or mechanical mixture that is commonly used
or intended for the purpose of producing an explosion, and
which contains any oxidizing or combustible units or other
ingredients in such proportions, quantities or packing that an
ignition by fire, by friction, by concussion, by percussion or
by detonation of any part of the compound mixture may
cause such a sudden generation of highly heated gases that
the resultant gaseous pressures are capable of producing
destructible effects on contiguous objects or of destroying
life or limb. [1961 c 12 § 46.04.170. Prior: 1959 c 49 § 18;
prior: 1937 c 189 § 1, part; RRS § 6360-1, part. Cf. 1951 c
102 § 3.]
46.04.180
46.04.180 Farm tractor. "Farm tractor" means every
motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. [1961 c 12 § 46.04.180. Prior: 1959 c
49 § 19; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part.]
46.04.181
Intent—1999 c 6: "(1) This act is intended to edit some of the statutes
relating to driver's licenses in order to make those statutes more comprehensible to the citizenry of the state of Washington. The legislature does not
intend to make substantive changes in the meaning, interpretation, court construction, or constitutionality of any provision of chapter 46.20 RCW or
other statutory provisions or rules adopted under those provisions.
(2) This act is technical in nature and does not terminate or in any way
modify any rights, proceedings, or liabilities, civil or criminal, that exist on
July 25, 1999." [1999 c 6 § 1.]
46.04.181 Farm vehicle. "Farm vehicle" means any
vehicle other than a farm tractor or farm implement which is
designed and/or used primarily in agricultural pursuits on
farms for the purpose of transporting machinery, equipment,
implements, farm products, supplies and/or farm labor
thereon and is only incidentally operated on or moved along
public highways for the purpose of going from one farm to
another. [1967 c 202 § 1.]
46.04.169
46.04.169 Electric-assisted bicycle. "Electric-assisted
bicycle" means a bicycle with two or three wheels, a saddle,
fully operative pedals for human propulsion, and an electric
motor. The electric-assisted bicycle's electric motor must
have a power output of no more than one thousand watts, be
incapable of propelling the device at a speed of more than
twenty miles per hour on level ground, and be incapable of
further increasing the speed of the device when human power
alone is used to propel the device beyond twenty miles per
hour. [1997 c 328 § 1.]
46.04.1695
46.04.1695 Electric personal assistive mobility device
(EPAMD). "Electric personal assistive mobility device"
(EPAMD) means a self-balancing device with two wheels
not in tandem, designed to transport only one person by an
electric propulsion system with an average power of seven
hundred fifty watts (one horsepower) having a maximum
speed on a paved level surface, when powered solely by such
a propulsion system while ridden by an operator weighing
one hundred seventy pounds, of less than twenty miles per
hour. [2002 c 247 § 1.]
Legislative review—2002 c 247: "The legislature shall review the provisions of this act and make any necessary changes by July 1, 2005." [2002
c 247 § 9.]
46.04.182
46.04.182 Farmer. "Farmer" means any person, firm,
partnership or corporation engaged in farming. If a person,
firm, partnership or corporation is engaged in activities in
addition to that of farming, the definition shall only apply to
that portion of the activity that is defined as farming in RCW
46.04.183. [1969 ex.s. c 281 § 58.]
46.04.183
46.04.183 Farming. "Farming" means the cultivation
and tillage of the soil, dairying, the production, cultivation,
growing, and harvesting of any agricultural or horticultural
commodities (except forestry or forestry operations), the raising of livestock, bees, fur-bearing animals, or poultry, and
any practices performed on a farm as an incident to or in conjunction with such farming operations. [1969 ex.s. c 281 §
59.]
46.04.187
46.04.187 Flammable liquid. "Flammable liquid"
means any liquid which has a flash point of 70° Fahrenheit, or
less, as determined by a Tagliabue or equivalent closed cup
test device. [1961 c 12 § 46.04.210. Prior: 1959 c 49 § 22;
prior: 1937 c 189 § 1, part; RRS § 6360-1, part. Cf. 1951 c
102 § 3. Formerly RCW 46.04.210.]
46.04.190
46.04.1697
46.04.1697 Electronic commerce. "Electronic commerce" may include, but is not limited to, transactions con[Title 46 RCW—page 10]
46.04.190 For hire vehicle. "For hire vehicle" means
any motor vehicle used for the transportation of persons for
compensation, except auto stages and ride-sharing vehicles.
(2004 Ed.)
Definitions
[1979 c 111 § 13; 1961 c 12 § 46.04.190. Prior: 1959 c 49 §
20; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem.
Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; 1921 c 96 §
2, part; 1919 c 59 § 1, part; 1917 c 155 § 1, part; 1915 c 142
§ 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1, part; RRS §
6360-1, part.]
Severability—1979 c 111: See note following RCW 46.74.010.
Ride sharing: Chapter 46.74 RCW.
46.04.194
46.04.194 Garbage truck. "Garbage truck" means a
truck specially designed and used exclusively for garbage or
refuse operations. [1983 c 68 § 1.]
46.04.196
46.04.196 Helping Kids Speak license plates. "Helping Kids Speak license plates" means license plates that display a symbol of an organization that supports programs that
provide free diagnostic and therapeutic services to children
who have a severe delay in language or speech development.
[2004 c 48 § 2.]
46.04.272
regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or
more apart, then every crossing of two roadways of such
highways shall be regarded as a separate intersection.
(3) The junction of an alley with a street or highway shall
not constitute an intersection. [1975 c 62 § 4; 1961 c 12 §
46.04.220. Prior: 1959 c 49 § 23; prior: 1937 c 189 § 1, part;
RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2,
part; RRS § 6362-2, part.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.240
46.04.240 Intersection control area. "Intersection
control area" means intersection area, together with such
modification of the adjacent roadway area as results from the
arc of curb corners and together with any marked or
unmarked crosswalks adjacent to the intersection. [1961 c 12
§ 46.04.240. Prior: 1959 c 49 § 25; prior: 1937 c 189 § 1,
part; RRS § 6360-1, part.]
46.04.251
46.04.197
46.04.197 Highway. Highway means the entire width
between the boundary lines of every way publicly maintained
when any part thereof is open to the use of the public for purposes of vehicular travel. [1965 ex.s. c 155 § 87. Formerly
RCW 46.04.431.]
46.04.200
46.04.200 Hours of darkness. "Hours of darkness"
means the hours from one-half hour after sunset to one-half
hour before sunrise, and any other time when persons or
objects may not be clearly discernible at a distance of five
hundred feet. [1961 c 12 § 46.04.200. Prior: 1959 c 49 § 21;
prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.251 Kit vehicle. "Kit vehicle" means a passenger
car or light truck assembled from a manufactured kit, and is
either (1) a complete kit consisting of a prefabricated body
and chassis used to construct a new vehicle, or (2) a kit consisting of a prefabricated body to be mounted on an existing
vehicle chassis and drive train, commonly referred to as a
donor vehicle. [1996 c 225 § 5.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.04.260
46.04.260 Laned highway. "Laned highway" means a
highway the roadway of which is divided into clearly marked
lanes for vehicular traffic. [1961 c 12 § 46.04.260. Prior:
1959 c 49 § 27; prior: 1937 c 189 § 1, part; RRS § 6360-1,
part.]
46.04.215
46.04.215 Ignition interlock device—Other biological or technical device—Definitions. "Ignition interlock
device" means breath alcohol analyzing ignition equipment,
certified by the state patrol, designed to prevent a motor vehicle from being operated by a person who has consumed an
alcoholic beverage, and "other biological or technical device"
means any device meeting the standards of the National
Highway Traffic Safety Administration or the state patrol,
designed to prevent the operation of a motor vehicle by a person who is impaired by alcohol or drugs. The state patrol
shall by rule provide standards for the certification, installation, repair, and removal of the devices. [1997 c 229 § 9;
1994 c 275 § 23; 1987 c 247 § 3. Formerly RCW 46.20.730.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.04.220
46.04.220 Intersection area. (1) "Intersection area"
means the area embraced within the prolongation or connection of the lateral curb lines, or, if none then the lateral boundary lines of the roadways of two or more highways which join
one another at, or approximately at, right angles, or the area
within which vehicles traveling upon different highways
joining at any other angle may come in conflict.
(2) Where a highway includes two roadways thirty feet
or more apart, then every crossing of each roadway of such
divided highway by an intersecting highway shall be
(2004 Ed.)
46.04.265
46.04.265 Law enforcement memorial license plates.
"Law enforcement memorial license plates" means license
plates issued under RCW 46.16.30905 that display a symbol
honoring law enforcement officers in Washington killed in
the line of duty. [2004 c 221 § 2.]
46.04.270
46.04.270 Legal owner. "Legal owner" means a person
having a security interest in a vehicle perfected in accordance
with chapter 46.12 RCW or the registered owner of a vehicle
unencumbered by a security interest or the lessor of a vehicle
unencumbered by a security interest. [1975 c 25 § 1; 1961 c
12 § 46.04.270. Prior: 1959 c 49 § 28; prior: 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part.]
46.04.272
46.04.272 Lightweight stud. "Lightweight stud"
means a stud intended for installation and use in a vehicle
tire. As used in this title, this means a stud that is recommended by the manufacturer of the tire for the type and size
of the tire and that:
(1) Weighs no more than 1.5 grams if the stud conforms
to Tire Stud Manufacturing Institute (TSMI) stud size 14 or
less;
(2) Weighs no more than 2.3 grams if the stud conforms
to TSMI stud size 15 or 16; or
(3) Weighs no more than 3.0 grams if the stud conforms
to TSMI stud size 17 or larger.
[Title 46 RCW—page 11]
46.04.274
Title 46 RCW: Motor Vehicles
A lightweight stud may contain any materials necessary
to achieve the lighter weight. [1999 c 219 § 1.]
46.04.274
46.04.274 Limousine, etc. "Limousine" means a category of for hire, chauffeur-driven, unmetered, unmarked luxury motor vehicles that meets one of the following definitions:
(1) "Stretch limousine" means an automobile with a seating capacity of not more than twelve passengers in the rear
seating area. The wheelbase has been factory or otherwise
altered beyond the original manufacturer's specifications and
meets standards of the United States department of transportation. The automobile is equipped with amenities in the rear
seating area not normally found in passenger cars. These
amenities may include, but are not limited to a television,
musical sound system, telephone, ice storage, power-operated dividers, or additional interior lighting. The term "stretch
limousine" excludes trucks, auto transportation companies,
excursion buses, charter buses, minibuses, vehicles regulated
under chapter 81.66 RCW, taxicabs, executive sedans,
funeral home vehicles, station wagons, executive vans, vans,
minivans, and courtesy vans.
(2) "Executive sedan" means a four-door sedan automobile having a seating capacity of not more than three passengers behind the driver and a minimum wheelbase of 114.5
inches. An executive sedan is equipped with standard factory
amenities, and the wheelbase may not be altered. The term
"executive sedan" excludes trucks, auto transportation companies, excursion buses, minibuses, charter buses, vehicles
regulated under chapter 81.66 RCW, taxicabs, stretch limousines, funeral home vehicles, station wagons, executive vans,
vans, minivans, and courtesy vans.
(3) "Executive van" means a van, minivan, or minibus
having a seating capacity of not less than seven passengers
and not more than fourteen passengers behind the driver. The
term "executive van" excludes trucks, auto transportation
companies, excursion buses, charter buses, vehicles regulated
under chapter 81.66 RCW, taxicabs, stretch limousines, executive sedans, funeral home vehicles, station wagons, and
courtesy vans.
(4) "Classic car" means a fine or distinctive, American or
foreign automobile that is thirty years old or older. [1996 c
87 § 2.]
46.04.276
46.04.276 Limousine carrier. "Limousine carrier"
means a person engaged in the transportation of a person or
group of persons, who, under a single contract, acquires, on a
prearranged basis, the use of a limousine to travel to a specified destination or for a particular itinerary. The term "prearranged basis" refers to the manner in which the carrier dispatches vehicles. [1996 c 87 § 3.]
46.04.280
46.04.280 Local authorities. "Local authorities"
includes every county, municipal, or other local public board
or body having authority to adopt local police regulations
under the Constitution and laws of this state. [1961 c 12 §
46.04.280. Prior: 1959 c 49 § 29; prior: (i) 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part;
1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1, part;
1917 c 155 § 1, part; 1915 c 142 § 2, part; RRS § 6313, part.
[Title 46 RCW—page 12]
(ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1,
part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.290
46.04.290 Marked crosswalk. "Marked crosswalk"
means any portion of a roadway distinctly indicated for
pedestrian crossing by lines or other markings on the surface
thereof. [1961 c 12 § 46.04.290. Prior: 1959 c 49 § 30; prior:
1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.300
46.04.300 Metal tire. "Metal tire" includes every tire,
the bearing surface of which in contact with the highway is
wholly or partly of metal or other hard, nonresilient material.
[1961 c 12 § 46.04.300. Prior: 1959 c 49 § 31; prior: (i) 1943
c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 63121, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c
180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.302
46.04.302 Mobile home, manufactured home.
"Mobile home" or "manufactured home" means a structure,
designed and constructed to be transportable in one or more
sections, and is built on a permanent chassis, and designed to
be used as a dwelling with or without a permanent foundation
when connected to the required utilities that include plumbing, heating, and electrical systems contained therein. The
structure must comply with the national mobile home construction and safety standards act of 1974 as adopted by chapter 43.22 RCW if applicable. Manufactured home does not
include a modular home. A structure which met the definition
of a "manufactured home" at the time of manufacture is still
considered to meet this definition notwithstanding that it is
no longer transportable. [1993 c 154 § 1. Prior: 1989 c 343
§ 24; 1989 c 337 § 1; 1977 ex.s. c 22 § 1; 1971 ex.s. c 231 §
4.]
Severability—Effective date—1989 c 343: See RCW 65.20.940 and
65.20.950.
Severability—1977 ex.s. c 22: "If any section or provision of this 1977
amendatory act, or its application to any person or circumstances is held
invalid, the remainder of the act, or the application of the section or provision
to other persons or circumstances is not affected." [1977 ex.s. c 22 § 10.]
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.04.303
46.04.303 Modular home. "Modular home" means a
factory-assembled structure designed primarily for use as a
dwelling when connected to the required utilities that include
plumbing, heating, and electrical systems contained therein,
does not contain its own running gear, and must be mounted
on a permanent foundation. A modular home does not
include a mobile home or manufactured home. [1990 c 250 §
17; 1971 ex.s. c 231 § 5.]
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.04.304
46.04.304 Moped. "Moped" means a motorized device
designed to travel with not more than three sixteen-inch or
larger diameter wheels in contact with the ground, having
fully operative pedals for propulsion by human power, and an
electric or a liquid fuel motor with a cylinder displacement
not exceeding fifty cubic centimeters which produces no
more than two gross brake horsepower (developed by a prime
mover, as measured by a brake applied to the driving shaft)
(2004 Ed.)
Definitions
that is capable of propelling the device at not more than thirty
miles per hour on level ground.
The Washington state patrol may approve of and define
as a "moped" a vehicle which fails to meet these specific criteria, but which is essentially similar in performance and
application to motorized devices which do meet these specific criteria. [1990 c 250 § 18; 1987 c 330 § 702; 1979 ex.s.
c 213 § 1.]
Severability—1990 c 250: See note following RCW 46.16.301.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.04.305
46.04.305 Motor homes. "Motor homes" means motor
vehicles originally designed, reconstructed, or permanently
altered to provide facilities for human habitation, which
include lodging and cooking or sewage disposal, and is
enclosed within a solid body shell with the vehicle, but
excludes a camper or like unit constructed separately and
affixed to a motor vehicle. [1990 c 250 § 19; 1971 ex.s. c 231
§ 3.]
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.04.310
46.04.310 Motor truck. "Motor truck" means any
motor vehicle designed or used for the transportation of commodities, merchandise, produce, freight, or animals. [1961 c
12 § 46.04.310. Prior: 1959 c 49 § 32; prior: (i) 1943 c 153
§ 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1,
part; 1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1,
part; 1917 c 155 § 1, part; 1915 c 142 § 2, part; RRS § 6313,
part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180
§ 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.350
handle bar, but excluding a farm tractor, a power wheelchair,
an electric personal assistive mobility device, and a moped.
The Washington state patrol may approve of and define
as a "motorcycle" a motor vehicle that fails to meet these specific criteria, but that is essentially similar in performance
and application to motor vehicles that do meet these specific
criteria. [2003 c 141 § 3; 2002 c 247 § 3; 1990 c 250 § 20;
1979 ex.s. c 213 § 2; 1961 c 12 § 46.04.330. Prior: 1959 c 49
§ 34; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; 1921 c
96 § 2, part; 1919 c 59 § 1, part; 1917 c 155 § 1, part; 1915 c
142 § 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2,
part; RRS § 6362-2, part.]
Legislative review—2002 c 247: See note following RCW 46.04.1695.
Severability—1990 c 250: See note following RCW 46.16.301.
46.04.332
46.04.332 Motor-driven cycle. "Motor-driven cycle"
means every motorcycle, including every motor scooter, with
a motor that produces not to exceed five brake horsepower
(developed by a prime mover, as measured by a brake applied
to the driving shaft). A motor-driven cycle does not include
a moped, a power wheelchair, a motorized foot scooter, or an
electric personal assistive mobility device. [2003 c 353 § 7;
2003 c 141 § 4; 2002 c 247 § 4; 1979 ex.s. c 213 § 3; 1963 c
154 § 28.]
Reviser's note: This section was amended by 2003 c 141 § 4 and by
2003 c 353 § 7, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 353: See note following RCW 46.04.320.
Legislative review—2002 c 247: See note following RCW 46.04.1695.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.04.320
46.04.320 Motor vehicle. "Motor vehicle" means every
vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley
wires, but not operated upon rails. "Motor vehicle" includes
a neighborhood electric vehicle as defined in RCW
46.04.357. An electric personal assistive mobility device is
not considered a motor vehicle. A power wheelchair is not
considered a motor vehicle. [2003 c 353 § 1; 2003 c 141 § 2;
2002 c 247 § 2; 1961 c 12 § 46.04.320. Prior: 1959 c 49 §
33; 1955 c 384 § 10; prior: (i) 1943 c 153 § 1, part; 1937 c
188 § 1, part; Rem. Supp. 1943 § 6312-1, part; 1923 c 181 §
1, part; 1921 c 96 § 2, part; 1919 c 59 § 1, part; 1917 c 155 §
1, part; 1915 c 142 § 2, part; RRS § 6313, part. (ii) 1937 c
189 § 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927
c 309 § 2, part; RRS § 6362-2, part.]
Reviser's note: This section was amended by 2003 c 141 § 2 and by
2003 c 353 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 353: "This act takes effect August 1, 2003."
[2003 c 353 § 12.]
Legislative review—2002 c 247: See note following RCW 46.04.1695.
46.04.330
46.04.330 Motorcycle. "Motorcycle" means a motor
vehicle designed to travel on not more than three wheels in
contact with the ground, on which the driver rides astride the
motor unit or power train and is designed to be steered with a
(2004 Ed.)
46.04.336
46.04.336 Motorized foot scooter. "Motorized foot
scooter" means a device with no more than two ten-inch or
smaller diameter wheels that has handlebars, is designed to
be stood or sat upon by the operator, and is powered by an
internal combustion engine or electric motor that is capable
of propelling the device with or without human propulsion.
For purposes of this section, a motor-driven cycle, a
moped, an electric-assisted bicycle, or a motorcycle is not a
motorized foot scooter. [2003 c 353 § 6.]
Effective date—2003 c 353: See note following RCW 46.04.320.
46.04.340
46.04.340 Muffler. "Muffler" means a device consisting of a series of chambers, or other mechanical designs for
the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise resulting
therefrom. [1961 c 12 § 46.04.340. Prior: 1959 c 49 § 35;
prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.350
46.04.350 Multiple lane highway. "Multiple lane highway" means any highway the roadway of which is of sufficient width to reasonably accommodate two or more separate
lanes of vehicular traffic in the same direction, each lane of
which shall be not less than the maximum legal vehicle width
and whether or not such lanes are marked. [1975 c 62 § 5;
1961 c 12 § 46.04.350. Prior: 1959 c 49 § 36; prior: 1937 c
189 § 1, part; RRS § 6360-1, part.]
[Title 46 RCW—page 13]
46.04.355
Title 46 RCW: Motor Vehicles
Severability—1975 c 62: See note following RCW 36.75.010.
thus enabling a collector to preserve, restore, and maintain
such a vehicle. [1996 c 225 § 3.]
46.04.355
46.04.355 Municipal transit vehicle. Municipal transit
vehicle includes every motor vehicle, street car, train, trolley
vehicle, and any other device, which (1) is capable of being
moved within, upon, above, or below a public highway, (2) is
owned or operated by a city, county, county transportation
authority, public transportation benefit area, regional transit
authority, or metropolitan municipal corporation within the
state, and (3) is used for the purpose of carrying passengers
together with incidental baggage and freight on a regular
schedule. [2004 c 118 § 2; 1984 c 167 § 2; 1974 ex.s. c 76 §
4.]
Unlawful bus conduct: RCW 9.91.025.
46.04.357
46.04.357 Neighborhood electric vehicle. "Neighborhood electric vehicle" means a self-propelled, electrically
powered four-wheeled motor vehicle whose speed attainable
in one mile is more than twenty miles per hour and not more
than twenty-five miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500. [2003 c 353 § 2.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.04.382 Passenger car. "Passenger car" means every
motor vehicle except motorcycles and motor-driven cycles,
designed for carrying ten passengers or less and used for the
transportation of persons. [1963 c 154 § 29.]
46.04.382
Effective date—1963 c 154: See note following RCW 46.37.010.
46.04.391 Police officer. Police officer means every
officer authorized to direct or regulate traffic or to make
arrests for violations of traffic regulations. [1965 ex.s. c 155
§ 89.]
46.04.391
46.04.400 Pedestrian. "Pedestrian" means any person
who is afoot or who is using a wheelchair, a power wheelchair, or a means of conveyance propelled by human power
other than a bicycle. [2003 c 141 § 5; 1990 c 241 § 1; 1961 c
12 § 46.04.400. Prior: 1959 c 49 § 41; prior: 1937 c 189 §
1, part; RRS § 6360-1, part.]
46.04.400
Effective date—2003 c 353: See note following RCW 46.04.320.
46.04.405 Person. "Person" includes every natural person, firm, copartnership, corporation, association, or organization. [1961 c 12 § 46.04.405. Prior: 1959 c 49 § 42; prior:
(i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp.
1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1,
part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 63622, part.]
46.04.405
46.04.360
46.04.360 Nonresident. "Nonresident" means any person whose residence is outside this state and who is temporarily sojourning within this state. [1961 c 12 § 46.04.360.
Prior: 1959 c 49 § 37; prior: (i) 1943 c 153 § 1, part; 1937 c
188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189
§ 1, part; RRS § 6360-1, part.]
46.04.408
46.04.370
46.04.370 Operator or driver. "Operator or driver"
means every person who drives or is in actual physical control of a vehicle. [1975 c 62 § 6; 1967 c 32 § 1; 1961 c 12 §
46.04.370. Prior: 1959 c 49 § 38; prior: (i) 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part;
1923 c 181 § 1, part; 1921 c 96 § 2, part; RRS § 6313, part.
(ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.408 Photograph, picture, negative. "Photograph," along with the terms "picture" and "negative," means
a pictorial representation, whether produced through photographic or other means, including, but not limited to, digital
data imaging. [1990 c 250 § 21.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.04.410 Pneumatic tires. "Pneumatic tires" includes
every tire of rubber or other resilient material designed to be
inflated with compressed air to support the load thereon.
[1961 c 12 § 46.04.410. Prior: 1959 c 49 § 43; prior: (i) 1943
c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 63121, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c
180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.410
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.380
46.04.380 Owner. "Owner" means a person who has a
lawful right of possession of a vehicle by reason of obtaining
it by purchase, exchange, gift, lease, inheritance or legal
action whether or not the vehicle is subject to a security interest and means registered owner where the reference to owner
may be construed as either to registered or legal owner.
[1975 c 25 § 2; 1961 c 12 § 46.04.380. Prior: 1959 c 49 § 39;
prior: 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180
§ 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.381
46.04.381 Park or parking. "Park or parking" means
the standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually
engaged in loading or unloading property or passengers.
[1975 c 62 § 9.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.3815
46.04.3815 Parts car. "Parts car" means a motor vehicle that is owned by a collector to furnish parts for restoration
or maintenance of a vehicle described in RCW 46.16.305(1),
[Title 46 RCW—page 14]
46.04.414 Pole trailer. "Pole trailer" means every vehicle without motive power designed to be drawn by another
vehicle and attached to the towing vehicle by means of a
reach, or pole, or by being boomed or otherwise secured to
the towing vehicle, and ordinarily used for transporting long
or irregular shaped loads such as poles, pipes, logs or structural members capable, generally, of sustaining themselves as
beams between the supporting connections. [1961 c 12 §
46.04.414. Prior: 1959 c 49 § 44; prior: 1951 c 56 § 1.]
46.04.414
46.04.415 Power wheelchair. "Power wheelchair"
means any self-propelled vehicle capable of traveling no
more than fifteen miles per hour, usable indoors, designed as
a mobility aid for individuals with mobility impairments, and
operated by such an individual. [2003 c 141 § 1.]
46.04.415
(2004 Ed.)
Definitions
Wheelchair conveyance: RCW 46.04.710.
46.04.416
46.04.416 Private carrier bus. "Private carrier bus"
means every motor vehicle designed for the purpose of carrying passengers (having a seating capacity for eleven or more
persons) used regularly to transport persons in furtherance of
any organized agricultural, religious or charitable purpose.
Such term does not include buses operated by common carriers under a franchise granted by any city or town or the
Washington public utilities commission. [1970 ex.s. c 100 §
3.]
46.04.420
46.04.420 Private road or driveway. "Private road or
driveway" includes every way or place in private ownership
and used for travel of vehicles by the owner or those having
express or implied permission from the owner, but not by
other persons. [1961 c 12 § 46.04.420. Prior: 1959 c 49 § 45;
prior: 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180
§ 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.429
46.04.429 Professional fire fighters and paramedics
license plates. "Professional fire fighters and paramedics
license plates" means license plates issued under RCW
46.16.30901 that display a symbol denoting professional fire
fighters and paramedics. [2004 c 35 § 2.]
46.04.435
46.04.435 Public scale. "Public scale" means every
scale under public or private ownership which is certified as
to its accuracy and which is available for public weighing.
[1961 c 12 § 46.04.435. Prior: 1959 c 49 § 47.]
46.04.440
46.04.440 Railroad. "Railroad" means a carrier of persons or property upon vehicles, other than street cars, operated upon stationary rails, the route of which is principally
outside cities and towns. [1961 c 12 § 46.04.440. Prior: 1959
c 49 § 48; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part.]
46.04.450
46.04.450 Railroad sign or signal. "Railroad sign or
signal" means any sign, signal, or device erected by authority
of a public body or official or by a railroad and intended to
give notice of the presence of railroad tracks or the approach
of a railroad train. [1961 c 12 § 46.04.450. Prior: 1959 c 49
§ 49; prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.455
46.04.455 Reasonable grounds. "Reasonable
grounds," when used in the context of a law enforcement
officer's decision to make an arrest, means probable cause.
[1995 c 332 § 19.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
46.04.460
46.04.460 Registered owner. "Registered owner"
means the person whose lawful right of possession of a vehicle has most recently been recorded with the department.
[1975 c 25 § 3; 1961 c 12 § 46.04.460. Prior: 1959 c 49 § 50;
prior: 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp.
1943 § 6312-1, part.]
(2004 Ed.)
46.04.490
46.04.465
46.04.465 Rental car. (1) "Rental car" means a passenger car, as defined in RCW 46.04.382, that is used solely by
a rental car business for rental to others, without a driver provided by the rental car business, for periods of not more than
thirty consecutive days.
(2) "Rental car" does not include:
(a) Vehicles rented or loaned to customers by automotive
repair businesses while the customer's vehicle is under repair;
(b) Vehicles licensed and operated as taxicabs. [1992 c
194 § 1.]
Effective dates—1992 c 194: See note following RCW 46.04.466.
46.04.466
46.04.466 Rental car business. "Rental car business"
means a person engaging within this state in the business of
renting rental cars, as determined under rules of the department of licensing. [1992 c 194 § 5.]
Effective dates—1992 c 194: "(1) Sections 1 through 3 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect June 1, 1992.
(2) Sections 4 through 13 of this act shall take effect January 1, 1993."
[1992 c 194 § 14.]
Registration of rental car businesses: RCW 46.87.023.
46.04.470
46.04.470 Residence district. "Residence district"
means the territory contiguous to and including a public highway not comprising a business district, when the property on
such public highway for a continuous distance of three hundred feet or more on either side thereof is in the main
improved with residences or residences and buildings in use
for business. [1961 c 12 § 46.04.470. Prior: 1959 c 49 § 51;
prior: 1937 c 189 § 1, part; RRS § 6360-1, part; 1929 c 180
§ 1, part; 1927 c 309 § 2, part; RRS § 6362-2, part.]
46.04.480
46.04.480 Revoke. "Revoke," in all its forms, means
the invalidation for a period of one calendar year and thereafter until reissue: PROVIDED, That under the provisions of
RCW 46.20.285, 46.20.311, 46.20.265, or 46.61.5055, and
chapter 46.65 RCW the invalidation may last for a period
other than one calendar year. [1995 c 332 § 10; 1994 c 275 §
38; 1988 c 148 § 8; 1985 c 407 § 1; 1983 c 165 § 14; 1983 c
165 § 13; 1979 c 62 § 7; 1961 c 12 § 46.04.480. Prior: 1959
c 49 § 52; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
Effective dates—1985 c 407: "Sections 2 and 4 of this act are necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect July 1, 1985. The remainder of the act shall take effect January 1, 1986." [1985 c 407 § 8.]
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Severability—1979 c 62: See note following RCW 46.65.020.
46.04.490
46.04.490 Road tractor. "Road tractor" includes every
motor vehicle designed and used primarily as a road building
[Title 46 RCW—page 15]
46.04.500
Title 46 RCW: Motor Vehicles
vehicle in drawing road building machinery and devices.
[1961 c 12 § 46.04.490. Prior: 1959 c 49 § 53; prior: (i) 1943
c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 63121, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.500
46.04.500 Roadway. "Roadway" means that portion of
a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder even though
such sidewalk or shoulder is used by persons riding bicycles.
In the event a highway includes two or more separated roadways, the term "roadway" shall refer to any such roadway
separately but shall not refer to all such roadways collectively. [1977 c 24 § 1; 1961 c 12 § 46.04.500. Prior: 1959 c
49 § 54; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part.]
46.04.510
46.04.510 Safety zone. "Safety zone" means the area or
space officially set apart within a roadway for the exclusive
use of pedestrians and which is protected or is marked or
indicated by painted marks, signs, buttons, standards, or otherwise, so as to be plainly discernible. [1961 c 12 §
46.04.510. Prior: 1959 c 49 § 55; prior: 1937 c 189 § 1, part;
RRS § 6360-1, part.]
46.04.521
46.04.521 School bus. School bus means every motor
vehicle used regularly to transport children to and from
school or in connection with school activities, which is subject to the requirements set forth in the most recent edition of
"Specifications for School Buses" published by the state
superintendent of public instruction, but does not include
buses operated by common carriers in urban transportation of
school children or private carrier buses operated as school
buses in the transportation of children to and from private
schools or school activities. [1995 c 141 § 1; 1965 ex.s. c 155
§ 90.]
(i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp.
1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1,
part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 63622, part.]
46.04.552 Special mobile equipment. "Special mobile
equipment" means every vehicle not designed or used primarily for the transportation of persons or property and only
incidentally operated or moved over a highway, including but
not limited to: Ditch digging apparatus, well boring apparatus and road construction and maintenance machinery such as
asphalt spreaders, bituminous mixers, bucket loaders, tractors
other than truck-tractors, ditchers, leveling graders, finishing
machines, motor graders, road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels and draglines, and
self-propelled cranes and earth moving equipment. The term
does not include house trailers, dump trucks, truck mounted
transit mixers, cranes or shovels or other vehicles designed
for the transportation of persons or property to which
machinery has been attached. [1973 1st ex.s. c 17 § 1; 1972
ex.s. c 5 § 1; 1963 c 154 § 30.]
46.04.552
Effective date—1963 c 154: See note following RCW 46.37.010.
46.04.555 Stand or standing. "Stand or standing"
means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually
engaged in receiving or discharging passengers. [1975 c 62 §
10.]
46.04.555
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.560 State highway. "State highway" includes
every highway or part thereof, which has been designated as
a state highway or branch thereof, by legislative enactment.
[1975 c 62 § 7; 1961 c 12 § 46.04.560. Prior: 1959 c 49 § 60;
prior: 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 63622, part.]
46.04.560
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.530
46.04.530 Semitrailer. "Semitrailer" includes every
vehicle without motive power designed to be drawn by a
vehicle, motor vehicle, or truck tractor and so constructed
that an appreciable part of its weight and that of its load rests
upon and is carried by such other vehicle, motor vehicle, or
truck tractor. [1979 ex.s. c 149 § 1; 1961 c 12 § 46.04.530.
Prior: 1959 c 49 § 57; prior: (i) 1943 c 153 § 1, part; 1937 c
188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189
§ 1, part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c
309 § 2, part; RRS § 6362-2, part.]
46.04.565 Stop. "Stop" when required means complete
cessation from movement. [1975 c 62 § 11.]
46.04.565
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.566 Stop or stopping. "Stop or stopping" when
prohibited means any halting even momentarily of a vehicle,
whether occupied or not, except when necessary to avoid
conflict with other traffic or in compliance with the directions
of a police officer or traffic control sign or signal. [1975 c 62
§ 12.]
46.04.566
46.04.540
46.04.540 Sidewalk. "Sidewalk" means that property
between the curb lines or the lateral lines of a roadway and
the adjacent property, set aside and intended for the use of
pedestrians or such portion of private property parallel and in
proximity to a public highway and dedicated to use by pedestrians. [1961 c 12 § 46.04.540. Prior: 1959 c 49 § 58; prior:
1937 c 189 § 1, part; RRS § 6360-1, part.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.570 Street car. "Street car" means a vehicle other
than a train for transporting persons or property and operated
upon stationary rails principally within cities and towns.
[1961 c 12 § 46.04.570. Prior: 1959 c 49 § 61; prior: (i) 1943
c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 63121, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.570
46.04.550
46.04.550 Solid tire. "Solid tire" includes every tire of
rubber or other resilient material which does not depend upon
inflation with compressed air for the support of the load
thereon. [1961 c 12 § 46.04.550. Prior: 1959 c 49 § 59; prior:
[Title 46 RCW—page 16]
46.04.571 Street rod vehicle. "Street rod vehicle" is a
motor vehicle, other than a motorcycle, that meets the following conditions:
46.04.571
(2004 Ed.)
Definitions
(1)(a) The vehicle was manufactured before 1949, (b)
the vehicle has been assembled or reconstructed using major
component parts of a motor vehicle manufactured before
1949, or (c) the vehicle was assembled or manufactured after
1949, to resemble a vehicle manufactured before 1949; and
(2)(a) The vehicle has been modified in its body style or
design through the use of nonoriginal or reproduction components, such as frame, engine, drive train, suspension, or
brakes in a manner that does not adversely affect its safe performance as a motor vehicle or render it unlawful for highway use, or (b) the body has been constructed from nonoriginal materials or has been altered dimensionally or in shape
and appearance from the original manufactured body. [1999
c 58 § 1; 1996 c 225 § 4.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.04.580
46.04.580 Suspend. "Suspend," in all its forms and
unless a different period is specified, means invalidation for
any period less than one calendar year and thereafter until
reinstatement. [1994 c 275 § 28; 1990 c 250 § 22; 1961 c 12
§ 46.04.580. Prior: 1959 c 49 § 62; prior: (i) 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part.
(ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Severability—1990 c 250: See note following RCW 46.16.301.
46.04.582
46.04.582 Tandem axle. "Tandem axle" means any
two or more consecutive axles whose centers are less than
seven feet apart. [1988 c 6 § 1; 1979 ex.s. c 149 § 2.]
46.04.655
46.04.620
46.04.620 Trailer. "Trailer" includes every vehicle
without motive power designed for being drawn by or used in
conjunction with a motor vehicle constructed so that no
appreciable part of its weight rests upon or is carried by such
motor vehicle, but does not include a municipal transit vehicle, or any portion thereof. [1974 ex.s. c 76 § 3; 1961 c 12 §
46.04.620. Prior: 1959 c 49 § 67; prior: (i) 1943 c 153 § 1,
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part;
1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1, part;
1917 c 155 § 1, part; RRS § 6313, part. (ii) 1937 c 189 § 1,
part; RRS § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 §
2, part; RRS § 6362-2, part.]
46.04.622
46.04.622 Park trailer. "Park trailer" or "park model
trailer" means a travel trailer designed to be used with temporary connections to utilities necessary for operation of
installed fixtures and appliances. The trailer's gross area shall
not exceed four hundred square feet when in the setup mode.
"Park trailer" excludes a mobile home. [1989 c 337 § 2.]
46.04.623
46.04.623 Travel trailer. "Travel trailer" means a
trailer built on a single chassis transportable upon the public
streets and highways that is designed to be used as a temporary dwelling without a permanent foundation and may be
used without being connected to utilities. [1989 c 337 § 3.]
46.04.630
46.04.630 Train. "Train" means a vehicle propelled by
steam, electricity, or other motive power with or without cars
coupled thereto, operated upon stationary rails, except street
cars. [1961 c 12 § 46.04.630. Prior: 1959 c 49 § 68; prior: (i)
1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943
§ 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part.]
46.04.585
46.04.585 Temporarily sojourning. "Temporarily
sojourning," as the term is used in chapter 46.04 RCW, shall
be construed to include any nonresident who is within this
state for a period of not to exceed six months in any one year.
[1961 c 12 § 46.04.585. Prior: 1959 c 49 § 63; prior: 1955 c
89 § 6.]
46.04.590
46.04.590 Traffic. "Traffic" includes pedestrians, ridden or herded animals, vehicles, street cars, and other conveyances either singly or together, while using any public
highways for purposes of travel. [1961 c 12 § 46.04.590.
Prior: 1959 c 49 § 64; prior: (i) 1943 c 153 § 1, part; 1937 c
188 § 1, part; Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189
§ 1, part; RRS § 6360-1, part.]
46.04.600
46.04.600 Traffic control signal. "Traffic control signal" means any traffic device, whether manually, electrically,
or mechanically operated, by which traffic alternately is
directed to stop or proceed or otherwise controlled. [1961 c
12 § 46.04.600. Prior: 1959 c 49 § 65; prior: 1937 c 189 § 1,
part; RRS § 6360-1, part.]
46.04.640
46.04.640 Trolley vehicle. "Trolley vehicle" means a
vehicle the motive power for which is supplied by means of a
trolley line and which may or may not be confined in its operation to a certain portion of the roadway in order to maintain
trolley line contact. [1961 c 12 § 46.04.640. Prior: 1959 c 49
§ 69; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part.]
46.04.650
46.04.650 Tractor. "Tractor" means every motor vehicle designed and used primarily for drawing other vehicles
and not so constructed as to carry a load other than a part of
the weight of the vehicle and load so drawn. [1986 c 18 § 1;
1975 c 62 § 8; 1961 c 12 § 46.04.650. Prior: 1959 c 49 § 70;
prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem.
Supp. 1943 § 6312, part. (ii) 1937 c 189 § 1, part; RRS §
6360-1, part.]
Effective date—1986 c 18: See RCW 46.87.901.
Severability—1975 c 62: See note following RCW 36.75.010.
46.04.653
46.04.611
46.04.611 Traffic-control devices. Official trafficcontrol devices means all signs, signals, markings and
devices not inconsistent with Title 46 RCW placed or erected
by authority of a public body or official having jurisdiction,
for the purpose of regulating, warning or guiding traffic.
[1965 ex.s. c 155 § 88.]
(2004 Ed.)
46.04.653 Truck. "Truck" means every motor vehicle
designed, used, or maintained primarily for the transportation
of property. [1986 c 18 § 2.]
Effective date—1986 c 18: See RCW 46.87.901.
46.04.655
46.04.655 Truck tractor. "Truck tractor" means every
motor vehicle designed and used primarily for drawing other
[Title 46 RCW—page 17]
46.04.660
Title 46 RCW: Motor Vehicles
vehicles but so constructed as to permit carrying a load in
addition to part of the weight of the vehicle and load so
drawn. [1986 c 18 § 3.]
Effective date—1986 c 18: See RCW 46.87.901.
46.04.660
46.04.660 Used vehicle. "Used vehicle" means a vehicle which has been sold, bargained, exchanged, given away,
or title transferred from the person who first took title to it
from the manufacturer or first importer, dealer, or agent of
the manufacturer or importer, and so used as to have become
what is commonly known as "second-hand" within the ordinary meaning thereof. [1961 c 12 § 46.04.660. Prior: 1959 c
49 § 71; prior: (i) 1943 c 153 § 1, part; 1937 c 188 § 1, part;
Rem. Supp. 1943 § 6312-1, part. (ii) 1937 c 189 § 1, part;
RRS § 6360-1, part.]
46.04.670
46.04.670 Vehicle. "Vehicle" includes every device
capable of being moved upon a public highway and in, upon,
or by which any persons or property is or may be transported
or drawn upon a public highway, including bicycles. The
term does not include power wheelchairs or devices other
than bicycles moved by human or animal power or used
exclusively upon stationary rails or tracks. Mopeds shall not
be considered vehicles or motor vehicles for the purposes of
chapter 46.70 RCW. Bicycles shall not be considered vehicles for the purposes of chapter 46.12, 46.16, or 46.70 RCW.
Electric personal assistive mobility devices are not considered vehicles or motor vehicles for the purposes of chapter
46.12, 46.16, 46.29, 46.37, or 46.70 RCW. [2003 c 141 § 6;
2002 c 247 § 5; 1994 c 262 § 2; 1991 c 214 § 2; 1979 ex.s. c
213 § 4; 1961 c 12 § 46.04.670. Prior: 1959 c 49 § 72; prior:
(i) 1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp.
1943 § 6312-1, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1,
part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 63622, part.]
cle that fails to meet these specific criteria but is essentially
similar in performance and application to vehicles that do
meet these specific criteria. [1987 c 330 § 703; 1983 c 200 §
1.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1983 c 200: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 200 § 7.]
Power wheelchairs: RCW 46.04.415.
Wheelchair conveyances
licensing: RCW 46.16.640.
operator's license: RCW 46.20.109.
public roadways, operating on: RCW 46.61.730.
safety standards: RCW 46.37.610.
Chapter 46.08
Chapter 46.08 RCW
GENERAL PROVISIONS
Sections
46.08.010
46.08.020
46.08.030
46.08.065
46.08.066
46.08.067
46.08.068
46.08.070
46.08.150
46.08.160
46.08.170
46.08.172
46.08.190
State preempts licensing field.
Precedence over local vehicle and traffic regulations.
Uniformity of application.
Publicly owned vehicles to be marked—Exceptions.
Publicly owned vehicles—Confidential license plates—Issuance, rules governing.
Publicly owned vehicles—Violations concerning marking and
confidential license plates.
Publicly owned vehicles—Remarking not required, when.
Nonresidents, application to.
Control of traffic on capitol grounds.
Control of traffic on capitol grounds—Enforcing officer.
Control of traffic on capitol grounds—Violations, traffic
infractions, misdemeanors—Jurisdiction.
Parking rental fees—Establishment.
Jurisdiction of judges of district, municipal, and superior court.
Extension of licensing period authorized—Rules and regulations, manner
and content: RCW 43.24.140.
46.08.010
Legislative review—2002 c 247: See note following RCW 46.04.1695.
Mopeds
helmet required: RCW 46.37.530, 46.37.535.
motorcycle endorsement, exemption: RCW 46.20.500.
operation and safety standards: RCW 46.61.710, 46.61.720.
registration: RCW 46.16.630.
46.04.672
46.04.672 Vehicle or pedestrian right of way. "Vehicle or pedestrian right of way" means the right of one vehicle
or pedestrian to proceed in a lawful manner in preference to
another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise
to danger of collision unless one grants precedence to the
other. [1975 c 62 § 13.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.08.010 State preempts licensing field. The provisions of this title relating to the certificate of ownership, certificate of license registration, vehicle license, vehicle license
plates and vehicle operator's license shall be exclusive and no
political subdivision of the state of Washington shall require
or issue any licenses or certificates for the same or a similar
purpose except as provided in *RCW 82.80.020, nor shall
any city or town in this state impose a tax, license, or other
fee upon vehicles operating exclusively between points outside of such city or town limits, and to points therein. [1990
c 42 § 207; 1961 c 12 § 46.08.010. Prior: 1937 c 188 § 75;
RRS § 6312-75.]
*Reviser's note: RCW 82.80.020 was repealed by 2003 c 1 § 5, (Initiative Measure No. 776, approved November 5, 2002).
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
46.04.710
46.04.710 Wheelchair conveyance. "Wheelchair conveyance" means any vehicle specially manufactured or
designed for the transportation of a physically or medically
impaired wheelchair-bound person. The vehicle may be a
separate vehicle used in lieu of a wheelchair or a separate
vehicle used for transporting the impaired person while occupying a wheelchair. The vehicle shall be equipped with a propulsion device capable of propelling the vehicle within a
speed range established by the state patrol. The state patrol
may approve and define as a wheelchair conveyance, a vehi[Title 46 RCW—page 18]
46.08.020 Precedence over local vehicle and traffic
regulations. The provisions of this title relating to vehicles
shall be applicable and uniform throughout this state and in
all incorporated cities and towns and all political subdivisions
therein and no local authority shall enact or enforce any law,
ordinance, rule or regulation in conflict with the provisions of
this title except and unless expressly authorized by law to do
so and any laws, ordinances, rules or regulations in conflict
with the provisions of this title are hereby declared to be
46.08.020
(2004 Ed.)
General Provisions
invalid and of no effect. Local authorities may, however,
adopt additional vehicle and traffic regulations which are not
in conflict with the provisions of this title. [1961 c 12 §
46.08.020. Prior: 1937 c 189 § 2; RRS § 6360-2.]
46.08.030
46.08.030 Uniformity of application. The provisions
of this title relating to the operation of vehicles shall be applicable and uniform upon all persons operating vehicles upon
the public highways of this state, except as otherwise specifically provided. [1961 c 12 § 46.08.030. Prior: 1937 c 189 §
3; RRS § 6360-3.]
46.08.065
46.08.065 Publicly owned vehicles to be marked—
Exceptions. (1) It is unlawful for any public officer having
charge of any vehicle owned or controlled by any county,
city, town, or public body in this state other than the state of
Washington and used in public business to operate the same
upon the public highways of this state unless and until there
shall be displayed upon such automobile or other motor vehicle in letters of contrasting color not less than one and onequarter inches in height in a conspicuous place on the right
and left sides thereof, the name of such county, city, town, or
other public body, together with the name of the department
or office upon the business of which the said vehicle is used.
This section shall not apply to vehicles of a sheriff's office,
local police department, or any vehicles used by local peace
officers under public authority for special undercover or confidential investigative purposes. This subsection shall not
apply to: (a) Any municipal transit vehicle operated for purposes of providing public mass transportation; (b) any vehicle governed by the requirements of subsection (4) of this
section; nor to (c) any motor vehicle on loan to a school district for driver training purposes. It shall be lawful and constitute compliance with the provisions of this section, however,
for the governing body of the appropriate county, city, town,
or public body other than the state of Washington or its agencies to adopt and use a distinctive insignia which shall be not
less than six inches in diameter across its smallest dimension
and which shall be displayed conspicuously on the right and
left sides of the vehicle. Such insignia shall be in a color or
colors contrasting with the vehicle to which applied for maximum visibility. The name of the public body owning or
operating the vehicle shall also be included as part of or displayed above such approved insignia in colors contrasting
with the vehicle in letters not less than one and one-quarter
inches in height. Immediately below the lettering identifying
the public entity and agency operating the vehicle or below
an approved insignia shall appear the words "for official use
only" in letters at least one inch high in a color contrasting
with the color of the vehicle. The appropriate governing body
may provide by rule or ordinance for marking of passenger
motor vehicles as prescribed in subsection (2) of this section
or for exceptions to the marking requirements for local governmental agencies for the same purposes and under the same
circumstances as permitted for state agencies under subsection (3) of this section.
(2) Except as provided by subsections (3) and (4) of this
section, passenger motor vehicles owned or controlled by the
state of Washington, and purchased after July 1, 1989, must
be plainly and conspicuously marked on the lower left-hand
(2004 Ed.)
46.08.066
corner of the rear window with the name of the operating
agency or institution or the words "state motor pool," as
appropriate, the words "state of Washington — for official
use only," and the seal of the state of Washington or the
appropriate agency or institution insignia, approved by the
department of general administration. Markings must be on a
transparent adhesive material and conform to the standards
established by the department of general administration. For
the purposes of this section, "passenger motor vehicles"
means sedans, station wagons, vans, light trucks, or other
motor vehicles under ten thousand pounds gross vehicle
weight.
(3) Subsection (2) of this section shall not apply to vehicles used by the Washington state patrol for general undercover or confidential investigative purposes. Traffic control
vehicles of the Washington state patrol may be exempted
from the requirements of subsection (2) of this section at the
discretion of the chief of the Washington state patrol. The
department of general administration shall adopt general
rules permitting other exceptions to the requirements of subsection (2) of this section for other vehicles used for law
enforcement, confidential public health work, and public
assistance fraud or support investigative purposes, for vehicles leased or rented by the state on a casual basis for a period
of less than ninety days, and those provided for in RCW
46.08.066(3). The exceptions in this subsection, subsection
(4) of this section, and those provided for in RCW
46.08.066(3) shall be the only exceptions permitted to the
requirements of subsection (2) of this section.
(4) Any motorcycle, vehicle over 10,000 pounds gross
vehicle weight, or other vehicle that for structural reasons
cannot be marked as required by subsection (1) or (2) of this
section that is owned or controlled by the state of Washington
or by any county, city, town, or other public body in this state
and used for public purposes on the public highways of this
state shall be conspicuously marked in letters of a contrasting
color with the words "State of Washington" or the name of
such county, city, town, or other public body, together with
the name of the department or office that owns or controls the
vehicle.
(5) All motor vehicle markings required under the terms
of this chapter shall be maintained in a legible condition at all
times. [1998 c 111 § 4; 1989 c 57 § 9; 1975 1st ex.s. c 169 §
1; 1961 c 12 § 46.08.065. Prior: 1937 c 189 § 46; RRS §
6360-46. Formerly RCW 46.36.140.]
Effective date—1989 c 57: See note following RCW 43.19.605.
46.08.066
46.08.066 Publicly owned vehicles—Confidential
license plates—Issuance, rules governing. (1) Except as
provided in subsection (3) of this section, the department of
licensing is authorized to issue confidential motor vehicle
license plates to units of local government and to agencies of
the federal government for law enforcement purposes only.
(2) Except as provided in subsections (3) and (4) of this
section the use of confidential plates on vehicles owned or
operated by the state of Washington by any officer or
employee thereof, shall be limited to confidential, investigative, or undercover work of state law enforcement agencies,
confidential public health work, and confidential public
assistance fraud or support investigations.
[Title 46 RCW—page 19]
46.08.067
Title 46 RCW: Motor Vehicles
(3) Any state official elected on a statewide basis shall be
provided on request with one set of confidential plates for use
on official business. When necessary for the personal security
of any other public officer, or public employee, the chief of
the Washington state patrol may recommend that the director
issue confidential plates for use on an unmarked publicly
owned or controlled vehicle of the appropriate governmental
unit for the conduct of official business for the period of time
that the personal security of such state official, public officer,
or other public employee may require. The office of the state
treasurer may use an unmarked state owned or controlled
vehicle with confidential plates where required for the safe
transportation of either state funds or negotiable securities to
or from the office of the state treasurer.
(4) The director of licensing may issue rules and regulations governing applications for, and the use of, such plates
by law enforcement and other public agencies. [1986 c 158 §
20; 1982 c 163 § 14; 1979 c 158 § 128; 1975 1st ex.s. c 169 §
2.]
Severability—Effective date—1982 c 163: See notes following RCW
2.10.052.
46.08.067
46.08.067 Publicly owned vehicles—Violations concerning marking and confidential license plates. A violation of any provision of RCW 46.08.065 as now or hereafter
amended or of RCW 46.08.066 shall subject the public
officer or employee committing such violation to disciplinary
action by the appropriate appointing authority or employing
agency. Such disciplinary action may include, but shall not
be limited to, suspension without pay or termination of
employment in the case of repeated or continuing noncompliance. [1975 1st ex.s. c 169 § 3.]
46.08.068
46.08.068 Publicly owned vehicles—Remarking not
required, when. Any vehicle properly marked pursuant to
statutory requirements in effect prior to September 8, 1975,
need not be remarked to conform to the requirements of
RCW 46.08.065 through 46.08.067 until July 1, 1977. [1975
1st ex.s. c 169 § 4.]
46.08.070
46.08.070 Nonresidents, application to. Subject to a
compliance with the motor vehicle laws of the state and
acceptance of the provisions of this title, nonresident owners
and operators of vehicles hereby are granted the privilege of
using the public highways of this state, and use of such public
highways shall be deemed and construed to be an acceptance
by such nonresident owners and operators of the provisions
of this title. [1961 c 12 § 46.08.070. Prior: 1937 c 189 § 128;
RRS § 6360-128.]
46.08.150
46.08.150 Control of traffic on capitol grounds. The
director of general administration shall have power to devise
and promulgate rules and regulations for the control of vehicular and pedestrian traffic and the parking of motor vehicles
on the state capitol grounds. However, the monetary penalty
for parking a motor vehicle without a valid special license
plate or placard in a parking place reserved for physically disabled persons shall be the same as provided in RCW
46.16.381. Such rules and regulations shall be promulgated
by publication in one issue of a newspaper published at the
[Title 46 RCW—page 20]
state capitol and shall be given such further publicity as the
director may deem proper. [1995 c 384 § 2; 1961 c 12 §
46.08.150. Prior: 1955 c 285 § 21; 1947 c 11 § 1; Rem. Supp.
1947 § 7921-20.]
46.08.160
46.08.160 Control of traffic on capitol grounds—
Enforcing officer. The chief of the Washington state patrol
shall be the chief enforcing officer to assure the proper
enforcement of such rules and regulations. [1961 c 12 §
46.08.160. Prior: 1947 c 11 § 2; Rem. Supp. 1947 § 792121.]
46.08.170
46.08.170 Control of traffic on capitol grounds—Violations, traffic infractions, misdemeanors—Jurisdiction.
(1) Except as provided in subsection (2) of this section, any
violation of a rule or regulation prescribed under RCW
46.08.150 is a traffic infraction, and the district courts of
Thurston county shall have jurisdiction over such offenses:
PROVIDED, That violation of a rule or regulation relating to
traffic including parking, standing, stopping, and pedestrian
offenses is a traffic infraction.
(2) Violation of such a rule or regulation equivalent to
those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor. [2003 c 53 § 232; 1987 c
202 § 213; 1979 ex.s. c 136 § 40; 1963 c 158 § 2; 1961 c 12
§ 46.08.170. Prior: 1947 c 11 § 3; Rem. Supp. 1947 § 792122.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.08.172
46.08.172 Parking rental fees—Establishment. The
director of the department of general administration shall
establish equitable and consistent parking rental fees for the
capitol campus and may, if requested by agencies, establish
equitable and consistent parking rental fees for agencies off
the capitol campus, to be charged to employees, visitors, clients, service providers, and others, that reflect the legislature's intent to reduce state subsidization of parking or to
meet the commute trip reduction goals established in RCW
70.94.527. All fees shall take into account the market rate of
comparable privately owned rental parking, as determined by
the director. However, parking rental fees are not to exceed
the local market rate of comparable privately owned rental
parking.
The director may delegate the responsibility for the collection of parking fees to other agencies of state government
when cost-effective. [1995 c 215 § 4; 1993 c 394 § 4. Prior:
1991 sp.s. c 31 § 12; 1991 sp.s. c 13 § 41; 1988 ex.s. c 2 §
901; 1985 c 57 § 59; 1984 c 258 § 323; 1963 c 158 § 1.]
Finding—Purpose—1993 c 394: See note following RCW 43.01.220.
Severability—1991 sp.s. c 31: See RCW 43.99I.900.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
(2004 Ed.)
Off-Road and Nonhighway Vehicles
Fee deposition: RCW 43.01.225.
46.08.190
46.08.190 Jurisdiction of judges of district, municipal, and superior court. Every district and municipal court
judge shall have concurrent jurisdiction with superior court
judges of the state for all violations of the provisions of this
title, except the trial of felony charges on the merits, and may
impose any punishment provided therefor. [1995 c 136 § 1;
1984 c 258 § 136; 1961 c 12 § 46.08.190. Prior: 1955 c 393
§ 4.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
Chapter 46.09 RCW
OFF-ROAD AND NONHIGHWAY VEHICLES
Chapter 46.09
Sections
46.09.010
46.09.020
46.09.030
46.09.040
46.09.050
46.09.070
46.09.080
46.09.085
46.09.110
46.09.120
46.09.130
46.09.140
46.09.150
46.09.165
46.09.170
46.09.180
46.09.190
46.09.200
46.09.240
46.09.250
46.09.280
46.09.900
Application of chapter—Permission necessary to enter upon
private lands.
Definitions.
Use permits—Issuance—Fees.
Use permit prerequisite to operation.
Vehicles exempted from ORV use permits and tags.
Application for ORV use permit.
ORV dealers—Permits—Fees—Number plates—Title application—Violations.
Selling ORV without use permit.
Disposition of ORV moneys.
Operating violations.
Additional violations—Penalty.
Accident reports.
Motor vehicle fuel excise taxes on fuel for nonhighway vehicles not refundable.
Nonhighway and off-road vehicle activities program account.
Refunds from motor vehicle fund—Distribution—Use.
Regulation by local political subdivisions or state agencies.
General penalty—Civil liability.
Enforcement.
Administration and distribution of ORV moneys.
Statewide plan.
Nonhighway and off-road vehicle activities advisory committee.
Severability—1971 ex.s. c 47.
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Emergency medical services fee: RCW 46.12.042.
46.09.010
46.09.010 Application of chapter—Permission necessary to enter upon private lands. The provisions of this
chapter shall apply to all lands in this state. Nothing in chapter 43.09 RCW, *RCW 67.32.050, 67.32.080, 67.32.100,
67.32.130 or 67.32.140 shall be deemed to grant to any person the right or authority to enter upon private property without permission of the property owner. [1972 ex.s. c 153 § 2;
1971 ex.s. c 47 § 6.]
Reviser's note: *(1) RCW 67.32.050, 67.32.080, 67.32.100, 67.32.130,
and 67.32.140 were recodified as RCW 79A.35.040, 79A.35.070,
79A.35.090, 79A.35.110, and 79A.35.120, respectively, pursuant to 1999 c
249 § 1601.
(2) Throughout chapter 46.09 RCW, with the exception of RCW
46.09.010 and 46.09.900, the phrase "this 1971 amendatory act" has been
changed to "this chapter." This 1971 amendatory act [1971 ex.s. c 47] consisted of the enactment of chapter 46.09 RCW and RCW 67.32.130 and
67.32.140 and the amendment of RCW 67.32.050, 67.32.080, and
67.32.100.
Purpose—1972 ex.s. c 153: See RCW 67.32.080.
(2004 Ed.)
46.09.020
46.09.020
46.09.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Advisory committee" means the nonhighway and
off-road vehicle activities advisory committee established in
RCW 46.09.280.
(2) "Committee" means the interagency committee for
outdoor recreation established in RCW 79A.25.110.
(3) "Dealer" means a person, partnership, association, or
corporation engaged in the business of selling off-road vehicles at wholesale or retail in this state.
(4) "Department" means the department of licensing.
(5) "Highway," for the purpose of this chapter only,
means the entire width between the boundary lines of every
roadway publicly maintained by the state department of
transportation or any county or city with funding from the
motor vehicle fund. A highway is generally capable of travel
by a conventional two-wheel drive passenger automobile
during most of the year and in use by such vehicles.
(6) "Motorized vehicle" means a vehicle that derives
motive power from an internal combustion engine.
(7) "Nonhighway road" means any road owned or managed by a public agency or any private road for which the
owner has granted an easement for public use for which
appropriations from the motor vehicle fund were not used for
(a) original construction or reconstruction in the last twentyfive years; or (b) maintenance in the last four years.
(8) "Nonhighway road recreation facilities" means recreational facilities that are adjacent to, or accessed by, a nonhighway road and intended primarily for nonhighway road
recreational users.
(9) "Nonhighway road recreational user" means a person
whose purpose for consuming fuel on a nonhighway road or
off-road is primarily for nonhighway road recreational purposes, including, but not limited to, hunting, fishing, camping, sightseeing, wildlife viewing, picnicking, driving for
pleasure, kayaking/canoeing, and gathering berries, firewood, mushrooms, and other natural products.
(10) "Nonhighway vehicle" means any motorized vehicle including an ORV when used for recreational purposes on
nonhighway roads, trails, or a variety of other natural terrain.
Nonhighway vehicle does not include:
(a) Any vehicle designed primarily for travel on, over, or
in the water;
(b) Snowmobiles or any military vehicles; or
(c) Any vehicle eligible for a motor vehicle fuel tax
exemption or rebate under chapter 82.36 RCW while an
exemption or rebate is claimed. This exemption includes but
is not limited to farm, construction, and logging vehicles.
(11) "Nonmotorized recreational facilities" means recreational trails and facilities that are adjacent to, or accessed by,
a nonhighway road and intended primarily for nonmotorized
recreational users.
(12) "Nonmotorized recreational user" means a person
whose purpose for consuming fuel on a nonhighway road or
off-road is primarily for nonmotorized recreational purposes
including, but not limited to, walking, hiking, backpacking,
climbing, cross-country skiing, snowshoeing, mountain biking, horseback riding, and pack animal activities.
(13) "Off-road vehicle" or "ORV" means any nonstreet
licensed vehicle when used for recreational purposes on non[Title 46 RCW—page 21]
46.09.030
Title 46 RCW: Motor Vehicles
highway roads, trails, or a variety of other natural terrain.
Such vehicles include, but are not limited to, all-terrain vehicles, motorcycles, four-wheel drive vehicles, and dune buggies.
(14) "Operator" means each person who operates, or is in
physical control of, any nonhighway vehicle.
(15) "Organized competitive event" means any competition, advertised in advance through written notice to organized clubs or published in local newspapers, sponsored by
recognized clubs, and conducted at a predetermined time and
place.
(16) "ORV recreation facilities" include, but are not limited to, ORV trails, trailheads, campgrounds, ORV sports
parks, and ORV use areas, designated for ORV use by the
managing authority that are intended primarily for ORV recreational users.
(17) "ORV recreational user" means a person whose purpose for consuming fuel on nonhighway roads or off-road is
primarily for ORV recreational purposes, including but not
limited to riding an all-terrain vehicle, motorcycling, or driving a four-wheel drive vehicle or dune buggy.
(18) "ORV sport[s] park" means a facility designed to
accommodate competitive ORV recreational uses including,
but not limited to, motocross racing, four-wheel drive competitions, and flat track racing. Use of ORV sports parks can be
competitive or noncompetitive in nature.
(19) "ORV trail" means a multiple-use corridor designated by the managing authority and maintained for recreational use by motorized vehicles.
(20) "ORV use permit" means a permit issued for operation of an off-road vehicle under this chapter.
(21) "Owner" means the person other than the lienholder, having an interest in or title to a nonhighway vehicle,
and entitled to the use or possession thereof.
(22) "Person" means any individual, firm, partnership,
association, or corporation. [2004 c 105 § 1; 1986 c 206 § 1;
1979 c 158 § 129; 1977 ex.s. c 220 § 1; 1972 ex.s. c 153 § 3;
1971 ex.s. c 47 § 7.]
Effective date—1986 c 206: "This act shall take effect on June 30,
1986." [1986 c 206 § 17.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.030
46.09.030 Use permits—Issuance—Fees. The department shall provide for the issuance of use permits for off-road
vehicles and may appoint agents for collecting fees and issuing permits. The department shall charge each applicant for
registration the actual cost of the decal. The department shall
make available replacement decals for a fee equivalent to the
actual cost of the decals. The provisions of RCW 46.01.130
and 46.01.140 apply to the issuance of use permits for offroad vehicles as they do to the issuance of vehicle licenses,
the appointment of agents and the collection of application
fees. [1990 c 250 § 23; 1986 c 206 § 2; 1977 ex.s. c 220 § 2;
1972 ex.s. c 153 § 4; 1971 ex.s. c 47 § 8.]
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1986 c 206: See note following RCW 46.09.020.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.040
46.09.040 Use permit prerequisite to operation.
Except as provided in this chapter, no person shall operate
[Title 46 RCW—page 22]
any off-road vehicle within this state after January 1, 1978,
unless the off-road vehicle has been assigned an ORV use
permit and displays a current ORV tag in accordance with the
provisions of this chapter: PROVIDED, That registration
and display of an unexpired ATV use permit shall be deemed
to have complied with this section. [1977 ex.s. c 220 § 3;
1972 ex.s. c 153 § 5; 1971 ex.s. c 47 § 9.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.050
46.09.050 Vehicles exempted from ORV use permits
and tags. ORV use permits and ORV tags shall be required
under the provisions of this chapter except for the following:
(1) Off-road vehicles owned and operated by the United
States, another state, or a political subdivision thereof.
(2) Off-road vehicles owned and operated by this state,
or by any municipality or political subdivision thereof.
(3) Off-road vehicles operated on agricultural lands
owned or leased by the ORV owner or operator.
(4) Off-road vehicles owned by a resident of another
state that have a valid ORV permit or vehicle license issued
in accordance with the laws of the other state. This exemption shall apply only to the extent that a similar exemption or
privilege is granted under the laws of that state.
(5) Off-road vehicles while being used for search and
rescue purposes under the authority or direction of an appropriate search and rescue or law enforcement agency.
(6) Vehicles which are licensed pursuant to chapter
46.16 RCW or in the case of nonresidents, vehicles which are
validly licensed for operation over public highways in the
jurisdiction of the owner's residence. [2004 c 105 § 9; 1986
c 206 § 3; 1977 ex.s. c 220 § 4; 1972 ex.s. c 153 § 6; 1971
ex.s. c 47 § 10.]
Effective date—1986 c 206: See note following RCW 46.09.020.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.070
46.09.070 Application for ORV use permit. (1)
Application for annual or temporary ORV use permits shall
be made to the department or its authorized agent in such
manner and upon such forms as the department shall prescribe and shall state the name and address of each owner of
the off-road vehicle.
(2) An application for an annual permit shall be signed
by at least one owner, and shall be accompanied by a fee of
eighteen dollars. Upon receipt of the annual permit application and the application fee, the off-road vehicle shall be
assigned a use permit number tag or decal, which shall be
affixed to the off-road vehicle in a manner prescribed by the
department. The annual permit is valid for a period of one
year and is renewable each year in such manner as the department may prescribe for an additional period of one year upon
payment of a renewal fee of eighteen dollars.
Any person acquiring an off-road vehicle for which an
annual permit has been issued who desires to continue to use
the permit must, within fifteen days of the acquisition of the
off-road vehicle, make application to the department or its
authorized agent for transfer of the permit, and the application shall be accompanied by a transfer fee of five dollars.
(3) A temporary use permit is valid for sixty days.
Application for a temporary permit shall be accompanied by
(2004 Ed.)
Off-Road and Nonhighway Vehicles
a fee of seven dollars. The permit shall be carried on the
vehicle at all times during its operation in the state.
(4) Except as provided in RCW 46.09.050, any out-ofstate operator of an off-road vehicle shall, when operating in
this state, comply with this chapter, and if an ORV use permit
is required under this chapter, the operator shall obtain an
annual or temporary permit and tag. [2004 c 106 § 1; 2002 c
352 § 1; 1997 c 241 § 1; 1986 c 206 § 4; 1977 ex.s. c 220 § 6;
1972 ex.s. c 153 § 8; 1971 ex.s. c 47 § 12.]
Effective date—2004 c 106 § 1: "Section 1 of this act takes effect with
registrations that are due or become due November 1, 2004, or later." [2004
c 106 § 2.]
Effective dates—2002 c 352: "Sections 7, 9, and 28 of this act are
effective with registrations that are due or will become due September 1,
2002, and thereafter. Section 26 of this act takes effect October 1, 2002. The
remainder of this act takes effect July 1, 2002." [2002 c 352 § 30.]
Effective date—1986 c 206: See note following RCW 46.09.020.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.080
46.09.080 ORV dealers—Permits—Fees—Number
plates—Title application—Violations. (1) Each dealer of
off-road vehicles in this state who does not have a current
"dealer's plate" for vehicle use pursuant to chapter 46.70
RCW shall obtain an ORV dealer permit from the department
in such manner and upon such forms as the department shall
prescribe. Upon receipt of an application for an ORV dealer
permit and the fee under subsection (2) of this section, the
dealer shall be registered and an ORV dealer permit number
assigned.
(2) The fee for ORV dealer permits shall be twenty-five
dollars per year, which covers all of the off-road vehicles
owned by a dealer and not rented. Off-road vehicles rented on
a regular, commercial basis by a dealer shall have separate
use permits.
(3) Upon the issuance of an ORV dealer permit each
dealer may purchase, at a cost to be determined by the department, ORV dealer number plates of a size and color to be
determined by the department, that contain the dealer ORV
permit number assigned to the dealer. Each off-road vehicle
operated by a dealer, dealer representative, or prospective
customer for the purposes of testing or demonstration shall
display such number plates assigned pursuant to the dealer
permit provisions in chapter 46.70 RCW or this section, in a
manner prescribed by the department.
(4) No dealer, dealer representative, or prospective customer shall use such number plates for any purpose other than
the purpose prescribed in subsection (3) of this section.
(5) ORV dealer permit numbers shall be nontransferable.
(6) It is unlawful for any dealer to sell any off-road vehicle at wholesale or retail or to test or demonstrate any offroad vehicle within the state unless he has a motor vehicle
dealers' license pursuant to chapter 46.70 RCW or an ORV
dealer permit number in accordance with this section.
(7) When an ORV is sold by a dealer, the dealer shall
apply for title in the purchaser's name within fifteen days following the sale. [1990 c 250 § 24; 1986 c 206 § 5; 1977 ex.s.
c 220 § 7; 1972 ex.s. c 153 § 9; 1971 ex.s. c 47 § 13.]
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1986 c 206: See note following RCW 46.09.020.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
(2004 Ed.)
46.09.120
46.09.085
46.09.085 Selling ORV without use permit. Except as
provided in RCW 46.09.050, it is unlawful for any dealer to
sell at retail an off-road vehicle without an ORV use permit
required in RCW 46.09.040. [2004 c 105 § 10.]
46.09.110
46.09.110 Disposition of ORV moneys. The moneys
collected by the department under this chapter shall be distributed from time to time but at least once a year in the following manner:
The department shall retain enough money to cover
expenses incurred in the administration of this chapter: PROVIDED, That such retention shall never exceed eighteen percent of fees collected.
The remaining moneys shall be distributed for ORV recreation facilities by the interagency committee for outdoor
recreation in accordance with RCW 46.09.170(2)(d)(ii)(A).
[2004 c 105 § 2; 1986 c 206 § 6; 1985 c 57 § 60; 1977 ex.s. c
220 § 9; 1972 ex.s. c 153 § 11; 1971 ex.s. c 47 § 16.]
Effective date—1986 c 206: See note following RCW 46.09.020.
Effective date—1985 c 57: See note following RCW 18.04.105.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.120
46.09.120 Operating violations. (1) It is a traffic
infraction for any person to operate any nonhighway vehicle:
(a) In such a manner as to endanger the property of
another;
(b) On lands not owned by the operator or owner of the
nonhighway vehicle without a lighted headlight and taillight
between the hours of dusk and dawn, or when otherwise
required for the safety of others regardless of ownership;
(c) On lands not owned by the operator or owner of the
nonhighway vehicle without an adequate braking device or
when otherwise required for the safety of others regardless of
ownership;
(d) Without a spark arrester approved by the department
of natural resources;
(e) Without an adequate, and operating, muffling device
which effectively limits vehicle noise to no more than eightysix decibels on the "A" scale at fifty feet as measured by the
Society of Automotive Engineers (SAE) test procedure J
331a, except that a maximum noise level of one hundred and
five decibels on the "A" scale at a distance of twenty inches
from the exhaust outlet shall be an acceptable substitute in
lieu of the Society of Automotive Engineers test procedure J
331a when measured:
(i) At a forty-five degree angle at a distance of twenty
inches from the exhaust outlet;
(ii) With the vehicle stationary and the engine running at
a steady speed equal to one-half of the manufacturer's maximum allowable ("red line") engine speed or where the manufacturer's maximum allowable engine speed is not known the
test speed in revolutions per minute calculated as sixty percent of the speed at which maximum horsepower is developed; and
(iii) With the microphone placed ten inches from the side
of the vehicle, one-half way between the lowest part of the
vehicle body and the ground plane, and in the same lateral
plane as the rearmost exhaust outlet where the outlet of the
exhaust pipe is under the vehicle;
[Title 46 RCW—page 23]
46.09.130
Title 46 RCW: Motor Vehicles
(f) On lands not owned by the operator or owner of the
nonhighway vehicle upon the shoulder or inside bank or
slope of any nonhighway road or highway, or upon the
median of any divided highway;
(g) On lands not owned by the operator or owner of the
nonhighway vehicle in any area or in such a manner so as to
unreasonably expose the underlying soil, or to create an erosion condition, or to injure, damage, or destroy trees, growing
crops, or other vegetation;
(h) On lands not owned by the operator or owner of the
nonhighway vehicle or on any nonhighway road or trail,
when these are restricted to pedestrian or animal travel; and
(i) On any public lands in violation of rules and regulations of the agency administering such lands.
(2) It is a misdemeanor for any person to operate any
nonhighway vehicle while under the influence of intoxicating
liquor or a controlled substance. [2003 c 377 § 1; 1979 ex.s.
c 136 § 41; 1977 ex.s. c 220 § 10; 1972 ex.s. c 153 § 12; 1971
ex.s. c 47 § 17.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.130 Additional violations—Penalty. (1) No person may operate a nonhighway vehicle in such a way as to
endanger human life.
(2) No person shall operate a nonhighway vehicle in
such a way as to run down or harass any wildlife or animal,
nor carry, transport, or convey any loaded weapon in or upon,
nor hunt from, any nonhighway vehicle except by permit
issued by the director of fish and wildlife under RCW
77.32.237: PROVIDED, That it shall not be unlawful to
carry, transport, or convey a loaded pistol in or upon a nonhighway vehicle if the person complies with the terms and
conditions of chapter 9.41 RCW.
(3) For the purposes of this section, "hunt" means any
effort to kill, injure, capture, or purposely disturb a wild animal or bird.
(4) Violation of this section is a gross misdemeanor.
[2004 c 105 § 4; (2004 c 105 § 3 expired July 1, 2004); 2003
c 53 § 233; 1994 c 264 § 35; 1989 c 297 § 3; 1986 c 206 § 7;
1977 ex.s. c 220 § 11; 1971 ex.s. c 47 § 18.]
46.09.130
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Expiration dates—Effective dates—2004 c 105 §§ 3-6: "(1) Section
3 of this act expires July 1, 2004.
(2) Section 4 of this act takes effect July 1, 2004.
(3) Section 5 of this act expires June 30, 2005.
(4) Section 6 of this act takes effect June 30, 2005." [2004 c 105 § 11.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1986 c 206: See note following RCW 46.09.020.
46.09.140 Accident reports. The operator of any nonhighway vehicle involved in any accident resulting in injury
to or death of any person, or property damage to another to an
apparent extent equal to or greater than the minimum amount
established by rule adopted by the chief of the Washington
state patrol in accordance with chapter 46.52 RCW, or a person acting for the operator shall submit such reports as are
46.09.140
[Title 46 RCW—page 24]
required under chapter 46.52 RCW, and the provisions of
chapter 46.52 RCW applies to the reports when submitted.
[1990 c 250 § 25; 1977 ex.s. c 220 § 12; 1971 ex.s. c 47 § 19.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.09.150
46.09.150 Motor vehicle fuel excise taxes on fuel for
nonhighway vehicles not refundable. Motor vehicle fuel
excise taxes paid on fuel used and purchased for providing
the motive power for nonhighway vehicles shall not be
refundable in accordance with the provisions of RCW
82.36.280 as it now exists or is hereafter amended. [1977
ex.s. c 220 § 13; 1974 ex.s. c 144 § 1; 1972 ex.s. c 153 § 13;
1971 ex.s. c 47 § 20.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.165
46.09.165 Nonhighway and off-road vehicle activities
program account. The nonhighway and off-road vehicle
activities program account is created in the state treasury.
Moneys in this account are subject to legislative appropriation. The interagency committee for outdoor recreation shall
administer the account for purposes specified in this chapter
and shall hold it separate and apart from all other money,
funds, and accounts of the interagency committee for outdoor
recreation. Grants, gifts, or other financial assistance, proceeds received from public bodies as administrative cost contributions, and any moneys made available to the state of
Washington by the federal government for outdoor recreation
may be deposited into the account. [1995 c 166 § 11.]
46.09.170
46.09.170 Refunds from motor vehicle fund—Distribution—Use. (Expires June 30, 2005.) (1) From time to
time, but at least once each year, the state treasurer shall
refund from the motor vehicle fund one percent of the motor
vehicle fuel tax revenues collected under chapter 82.36
RCW, based on a tax rate of: (a) Nineteen cents per gallon of
motor vehicle fuel from July 1, 2003, through June 30, 2005;
(b) twenty cents per gallon of motor vehicle fuel from July 1,
2005, through June 30, 2007; (c) twenty-one cents per gallon
of motor vehicle fuel from July 1, 2007, through June 30,
2009; (d) twenty-two cents per gallon of motor vehicle fuel
from July 1, 2009, through June 30, 2011; and (e) twentythree cents per gallon of motor vehicle fuel beginning July 1,
2011, and thereafter, less proper deductions for refunds and
costs of collection as provided in RCW 46.68.090.
(2) The treasurer shall place these funds in the general
fund as follows:
(a) Thirty-six percent shall be credited to the ORV and
nonhighway vehicle account and administered by the department of natural resources solely for acquisition, planning,
development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities, and
information programs and maintenance of nonhighway
roads;
(b) Three and one-half percent shall be credited to the
ORV and nonhighway vehicle account and administered by
the department of fish and wildlife solely for the acquisition,
planning, development, maintenance, and management of
ORV, nonmotorized, and nonhighway road recreation facilities and the maintenance of nonhighway roads;
(2004 Ed.)
Off-Road and Nonhighway Vehicles
(c) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and
recreation commission solely for the acquisition, planning,
development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities; and
(d) Fifty-eight and one-half percent shall be credited to
the nonhighway and off-road vehicle activities program
account to be administered by the committee for planning,
acquisition, development, maintenance, and management of
ORV, nonmotorized, and nonhighway road recreation facilities, and for education, information, and law enforcement
programs. During the fiscal year ending June 30, 2004, a portion of these funds may be appropriated to the department of
natural resources to maintain and operate existing ORV and
other recreation facilities, including ORV campgrounds, for
the state parks and recreation commission to construct and
upgrade trails and trail-related facilities for both motorized
and nonmotorized uses, and for other activities identified in
this section. The funds under this subsection shall be
expended in accordance with the following limitations,
except that during the fiscal year ending June 30, 2004, funds
appropriated to the committee from motor vehicle fuel tax
revenues for the activities in (d)(ii) of this subsection shall be
reduced by the amounts appropriated to the department of
natural resources and the state parks and recreation commission as provided in this subsection:
(i) Not more than thirty percent may be expended for
education, information, and law enforcement programs under
this chapter;
(ii) Not less than seventy percent may be expended for
ORV, nonmotorized, and nonhighway road recreation facilities. Except as provided in (d)(iii) of this subsection, of this
amount:
(A) Not less than thirty percent, together with the funds
the committee receives under RCW 46.09.110, may be
expended for ORV recreation facilities;
(B) Not less than thirty percent may be expended for
nonmotorized recreation facilities. Funds expended under
this subsection (2)(d)(ii)(B) shall be known as Ira Spring outdoor recreation facilities funds; and
(C) Not less than thirty percent may be expended for
nonhighway road recreation facilities;
(iii) The committee may waive the minimum percentage
cited in (d)(ii) of this subsection due to insufficient requests
for funds or projects that score low in the committee's project
evaluation. Funds remaining after such a waiver must be
allocated in accordance with committee policy.
(3) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of
the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.
(4) During the 2003-05 fiscal biennium, the legislature
may appropriate such amounts as reflect the excess fund balance in the NOVA account to the interagency committee for
outdoor recreation, the department of natural resources, the
department of fish and wildlife, and the state parks and recreation commission. This appropriation is not required to follow the specific distribution specified in subsection (2) of this
section. [2004 c 105 § 5. Prior: 2003 1st sp.s. c 26 § 920;
2003 1st sp.s. c 25 § 922; 2003 c 361 § 407; 1995 c 166 § 9;
1994 c 264 § 36; 1990 c 42 § 115; 1988 c 36 § 25; 1986 c 206
(2004 Ed.)
46.09.170
§ 8; 1979 c 158 § 130; 1977 ex.s. c 220 § 14; 1975 1st ex.s. c
34 § 1; 1974 ex.s. c 144 § 3; 1972 ex.s. c 153 § 15; 1971 ex.s.
c 47 § 22.]
Expiration dates—Effective dates—2004 c 105 §§ 3-6: See note following RCW 46.09.130.
Expiration date—Severability—Effective dates—2003 1st sp.s. c 26:
See notes following RCW 43.135.045.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1986 c 206: See note following RCW 46.09.020.
Effective date—1975 1st ex.s. c 34: "This 1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect July 1, 1975." [1975 1st ex.s. c 34 § 4.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.170 Refunds from motor vehicle fund—Distribution—Use. (Effective June 30, 2005.) (1) From time to
time, but at least once each year, the state treasurer shall
refund from the motor vehicle fund one percent of the motor
vehicle fuel tax revenues collected under chapter 82.36
RCW, based on a tax rate of: (a) Nineteen cents per gallon of
motor vehicle fuel from July 1, 2003, through June 30, 2005;
(b) twenty cents per gallon of motor vehicle fuel from July 1,
2005, through June 30, 2007; (c) twenty-one cents per gallon
of motor vehicle fuel from July 1, 2007, through June 30,
2009; (d) twenty-two cents per gallon of motor vehicle fuel
from July 1, 2009, through June 30, 2011; and (e) twentythree cents per gallon of motor vehicle fuel beginning July 1,
2011, and thereafter, less proper deductions for refunds and
costs of collection as provided in RCW 46.68.090.
(2) The treasurer shall place these funds in the general
fund as follows:
(a) Thirty-six percent shall be credited to the ORV and
nonhighway vehicle account and administered by the department of natural resources solely for acquisition, planning,
development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities, and
information programs and maintenance of nonhighway
roads;
(b) Three and one-half percent shall be credited to the
ORV and nonhighway vehicle account and administered by
the department of fish and wildlife solely for the acquisition,
planning, development, maintenance, and management of
ORV, nonmotorized, and nonhighway road recreation facilities and the maintenance of nonhighway roads;
(c) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and
recreation commission solely for the acquisition, planning,
development, maintenance, and management of ORV, nonmotorized, and nonhighway road recreation facilities; and
(d) Fifty-eight and one-half percent shall be credited to
the nonhighway and off-road vehicle activities program
account to be administered by the committee for planning,
acquisition, development, maintenance, and management of
ORV, nonmotorized, and nonhighway road recreation facilities and for education, information, and law enforcement pro46.09.170
[Title 46 RCW—page 25]
46.09.180
Title 46 RCW: Motor Vehicles
grams. The funds under this subsection shall be expended in
accordance with the following limitations:
(i) Not more than thirty percent may be expended for
education, information, and law enforcement programs under
this chapter;
(ii) Not less than seventy percent may be expended for
ORV, nonmotorized, and nonhighway road recreation facilities. Except as provided in (d)(iii) of this subsection, of this
amount:
(A) Not less than thirty percent, together with the funds
the committee receives under RCW 46.09.110, may be
expended for ORV recreation facilities;
(B) Not less than thirty percent may be expended for
nonmotorized recreation facilities. Funds expended under
this subsection (2)(d)(ii)(B) shall be known as Ira Spring outdoor recreation facilities funds; and
(C) Not less than thirty percent may be expended for
nonhighway road recreation facilities;
(iii) The committee may waive the minimum percentage
cited in (d)(ii) of this subsection due to insufficient requests
for funds or projects that score low in the committee's project
evaluation. Funds remaining after such a waiver must be
allocated in accordance with committee policy.
(3) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of
the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.
(4) During the 2003-05 fiscal biennium, the legislature
may appropriate such amounts as reflect the excess fund balance in the NOVA account to the interagency committee for
outdoor recreation, the department of natural resources, the
department of fish and wildlife, and the state parks and recreation commission. This appropriation is not required to follow the specific distribution specified in subsection (2) of this
section. [2004 c 105 § 6. Prior: 2003 1st sp.s. c 25 § 922;
2003 c 361 § 407; 1995 c 166 § 9; 1994 c 264 § 36; 1990 c 42
§ 115; 1988 c 36 § 25; 1986 c 206 § 8; 1979 c 158 § 130; 1977
ex.s. c 220 § 14; 1975 1st ex.s. c 34 § 1; 1974 ex.s. c 144 § 3;
1972 ex.s. c 153 § 15; 1971 ex.s. c 47 § 22.]
Expiration dates—Effective dates—2004 c 105 §§ 3-6: See note following RCW 46.09.130.
Severability—Effective date—2003 1st sp.s. c 25: See note following
RCW 19.28.351.
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1986 c 206: See note following RCW 46.09.020.
Effective date—1975 1st ex.s. c 34: "This 1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect July 1, 1975." [1975 1st ex.s. c 34 § 4.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.180
46.09.180 Regulation by local political subdivisions
or state agencies. Notwithstanding any of the provisions of
this chapter, any city, county, or other political subdivision of
this state, or any state agency, may regulate the operation of
nonhighway vehicles on public lands, waters, and other properties under its jurisdiction, and on streets or highways within
[Title 46 RCW—page 26]
its boundaries by adopting regulations or ordinances of its
governing body, provided such regulations are not less stringent than the provisions of this chapter. [1977 ex.s. c 220 §
15; 1971 ex.s. c 47 § 23.]
46.09.190
46.09.190 General penalty—Civil liability. (1) Except
as provided in RCW 46.09.120(2) and 46.09.130 as now or
hereafter amended, violation of the provisions of this chapter
is a traffic infraction for which a penalty of not less than
twenty-five dollars may be imposed.
(2) In addition to the penalties provided in subsection (1)
of this section, the owner and/or the operator of any nonhighway vehicle shall be liable for any damage to property including damage to trees, shrubs, or growing crops injured as the
result of travel by the nonhighway vehicle. The owner of
such property may recover from the person responsible three
times the amount of damage. [1979 ex.s. c 136 § 42; 1977
ex.s. c 220 § 16; 1972 ex.s. c 153 § 16; 1971 ex.s. c 47 § 24.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.09.200
46.09.200 Enforcement. The provisions of this chapter
shall be enforced by all persons having the authority to
enforce any of the laws of this state, including, without limitation, officers of the state patrol, county sheriffs and their
deputies, all municipal law enforcement officers within their
respective jurisdictions, fish and wildlife officers, state park
rangers, and those employees of the department of natural
resources designated by the commissioner of public lands
under RCW *43.30.310, 76.04.035, and 76.04.045. [2001 c
253 § 3; 1986 c 100 § 52; 1971 ex.s. c 47 § 25.]
*Reviser's note: RCW 43.30.310 was recodified as RCW 43.12.065
pursuant to 2003 c 334 § 127.
46.09.240
46.09.240 Administration and distribution of ORV
moneys. (1) After deducting administrative expenses and the
expense of any programs conducted under this chapter, the
interagency committee for outdoor recreation shall, at least
once each year, distribute the funds it receives under RCW
46.09.110 and 46.09.170 to state agencies, counties, municipalities, federal agencies, nonprofit ORV organizations, and
Indian tribes. Funds distributed under this section to nonprofit ORV organizations may be spent only on projects or
activities that benefit ORV recreation on lands once publicly
owned that come into private ownership in a federally
approved land exchange completed between January 1, 1998,
and January 1, 2005.
(2) The committee shall adopt rules governing applications for funds administered by the agency under this chapter
and shall determine the amount of money distributed to each
applicant. Agencies receiving funds under this chapter for
capital purposes shall consider the possibility of contracting
with the state parks and recreation commission, the department of natural resources, or other federal, state, and local
agencies to employ the youth development and conservation
corps or other youth crews in completing the project.
(3) The interagency committee for outdoor recreation
shall require each applicant for acquisition or development
(2004 Ed.)
Snowmobiles
funds under this section to comply with the requirements of
either the state environmental policy act, chapter 43.21C
RCW, or the national environmental policy act (42 U.S.C.
Sec. 4321 et seq.). [2004 c 105 § 7; 1998 c 144 § 1; 1991 c
363 § 122; 1986 c 206 § 9; 1977 ex.s. c 220 § 17.]
46.10.010
Chapter 46.10
Sections
46.10.010
46.10.020
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
46.10.030
Effective date—1986 c 206: See note following RCW 46.09.020.
46.10.040
46.09.250 Statewide plan. The interagency committee
for outdoor recreation shall maintain a statewide plan which
shall be updated at least once every third biennium and shall
be used by all participating agencies to guide distribution and
expenditure of funds under this chapter. [1986 c 206 § 11;
1977 ex.s. c 220 § 18.]
46.10.043
Effective date—1986 c 206: See note following RCW 46.09.020.
46.10.070
46.10.075
46.10.080
46.09.250
46.10.050
46.10.055
46.10.060
46.09.280
46.09.280 Nonhighway and off-road vehicle activities
advisory committee. (1) The interagency committee for outdoor recreation shall establish the nonhighway and off-road
vehicle activities advisory committee to provide advice
regarding the administration of this chapter. The committee
consists of governmental representatives, land managers, and
a proportional representation of persons with recreational
experience in areas identified in the most recent fuel use
study, including but not limited to people with ORV, hiking,
equestrian, mountain biking, hunting, fishing, and wildlife
viewing experience.
(2) After the advisory committee has made recommendations regarding the expenditure of the fuel tax revenue portion of the nonhighway and off-road vehicle account moneys,
the advisory committee's ORV and mountain biking recreationists, governmental representatives, and land managers
will make recommendations regarding the expenditure of
funds received under RCW 46.09.110.
(3) At least once a year, the interagency committee for
outdoor recreation, the department of natural resources, the
department of fish and wildlife, and the state parks and recreation commission shall report to the nonhighway and offroad vehicle activities advisory committee on the expenditures of funds received under RCW 46.09.110 and 46.09.170
and must proactively seek the advisory committee's advice
regarding proposed expenditures.
(4) The advisory committee shall advise these agencies
regarding the allocation of funds received under RCW
46.09.170 to ensure that overall expenditures reflect consideration of the results of the most recent fuel use study. [2004
c 105 § 8; 2003 c 185 § 1; 1986 c 206 § 13.]
Effective date—1986 c 206: See note following RCW 46.09.020.
46.09.900
46.09.900 Severability—1971 ex.s. c 47. If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of this
1971 amendatory act, or the application of the provision to
other persons or circumstances is not affected. [1971 ex.s. c
47 § 26.]
(2004 Ed.)
Chapter 46.10 RCW
SNOWMOBILES
46.10.090
46.10.100
46.10.110
46.10.120
46.10.130
46.10.140
46.10.150
46.10.160
46.10.170
46.10.180
46.10.185
46.10.190
46.10.200
46.10.210
46.10.220
46.10.900
46.10.910
Definitions.
Ownership, transport, or operation of snowmobile without registration prohibited.
Ownership or operation of snowmobile without registration
prohibited—Exceptions.
Application for registration—Annual fee—Registration number—Term—Renewal—Transfer—Nonresident permit—
Decals.
Registration or transfer of registration pursuant to sale by
dealer—Temporary registration.
Snowmobile dealers' registration—Fee—Dealer number
plates, use—Sale or demonstration unlawful without registration.
Denial, suspension, or revocation of dealer registration or
assessment of monetary civil penalty, when.
Registration number permanent—Certificate of registration,
date tags.
Affixing and displaying registration number.
Snowmobile account—Deposits—Appropriations, use.
Distribution of snowmobile registration fees, civil penalties,
and fuel tax moneys.
Operating violations.
Crossing public roadways and highways lawful, when.
Operating upon public road or highway lawful, when.
Restrictions on age of operators—Qualifications.
Additional violations—Penalty.
Accident reports.
Refund of snowmobile fuel tax to snowmobile account.
Snowmobile fuel excise tax nonrefundable.
Amount of snowmobile fuel tax paid as motor vehicle fuel tax.
Regulation by political subdivisions, state agencies.
Local authorities may provide for safety and convenience.
Violations as traffic infractions—Exceptions—Civil liability.
Enforcement.
Administration.
Snowmobile advisory committee.
Severability—1971 ex.s. c 29.
Short title.
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Emergency medical services fee: RCW 46.12.042.
46.10.010
46.10.010 Definitions. As used in this chapter the
words and phrases in this section shall have the designated
meanings unless a different meaning is expressly provided or
the context otherwise clearly indicated.
(1) "Person" shall mean any individual, firm, partnership, association, or corporation.
(2) "Snowmobile" shall mean any self-propelled vehicle
capable of traveling over snow or ice, which utilizes as its
means of propulsion an endless belt tread, or cleats, or any
combination of these or other similar means of contact with
the surface upon which it is operated, and which is steered
wholly or in part by skis or sled type runners, and which is not
otherwise registered as, or subject to the motor vehicle excise
tax in the state of Washington.
(3) "All terrain vehicle" shall mean any self-propelled
vehicle other than a snowmobile, capable of cross-country
travel on or immediately over land, water, snow, ice, marsh,
swampland, and other natural terrain, including, but not limited to, four-wheel vehicles, amphibious vehicles, ground
effect or air cushion vehicles, and any other means of land
transportation deriving motive power from any source other
than muscle or wind; except any vehicle designed primarily
for travel on, over, or in the water, farm vehicles, or any military or law enforcement vehicles.
[Title 46 RCW—page 27]
46.10.020
Title 46 RCW: Motor Vehicles
(4) "Owner" shall mean the person, other than a lienholder, having the property in or title to a snowmobile or all
terrain vehicle, and entitled to the use or possession thereof.
(5) "Operator" means each person who operates, or is in
physical control of, any snowmobile or all terrain vehicle.
(6) "Public roadway" shall mean the entire width of the
right of way of any road or street designed and ordinarily
used for travel or parking of motor vehicles, which is controlled by a public authority other than the Washington state
department of transportation, and which is open as a matter of
right to the general public for ordinary vehicular traffic.
(7) "Highways" shall mean the entire width of the right
of way of all primary and secondary state highways, including all portions of the interstate highway system.
(8) "Dealer" means a person, partnership, association, or
corporation engaged in the business of selling snowmobiles
or all terrain vehicles at wholesale or retail in this state.
(9) "Department" shall mean the department of licensing.
(10) "Director" shall mean the director of the department
of licensing.
(11) "Commission" shall mean the Washington state
parks and recreation commission.
(12) "Hunt" shall mean any effort to kill, injure, capture,
or disturb a wild animal or wild bird.
(13) "Committee" means the Washington state parks and
recreation commission snowmobile advisory committee.
[1979 ex.s. c 182 § 1; 1979 c 158 § 131; 1971 ex.s. c 29 § 1.]
46.10.020
46.10.020 Ownership, transport, or operation of
snowmobile without registration prohibited. (1) Except as
provided in this chapter, no person shall own, transport, or
operate any snowmobile within this state unless such snowmobile has been registered in accordance with the provisions
of this chapter.
(2) A registration number shall be assigned, without payment of a fee, to snowmobiles owned by the state of Washington or its political subdivisions, and the assigned registration number shall be displayed upon each snowmobile in
such manner as provided by rules adopted by the department.
[1982 c 17 § 1; 1979 ex.s. c 182 § 3; 1971 ex.s. c 29 § 2.]
46.10.030
46.10.030 Ownership or operation of snowmobile
without registration prohibited—Exceptions. No registration shall be required under the provisions of this chapter for
the following described snowmobiles:
(1) Snowmobiles owned and operated by the United
States, another state, or a political subdivision thereof.
(2) A snowmobile owned by a resident of another state
or Canadian province if that snowmobile is registered in
accordance with the laws of the state or province in which its
owner resides, but only to the extent that a similar exemption
or privilege is granted under the laws of that state or province
for snowmobiles registered in this state: PROVIDED, That
any snowmobile which is validly registered in another state
or province and which is physically located in this state for a
period of more than fifteen consecutive days shall be subject
to registration under the provisions of this chapter. [1986 c
16 § 1; 1979 ex.s. c 182 § 4; 1975 1st ex.s. c 181 § 1; 1971
ex.s. c 29 § 3.]
[Title 46 RCW—page 28]
46.10.040
46.10.040 Application for registration—Annual
fee—Registration number—Term—Renewal—Transfer—Nonresident permit—Decals. Application for registration shall be made to the department in the manner and
upon forms the department prescribes, and shall state the
name and address of each owner of the snowmobile to be registered, and shall be signed by at least one such owner, and
shall be accompanied by an annual registration fee to be
established by the commission, after consultation with the
committee and any statewide snowmobile user groups. The
commission shall increase the current fee of twenty dollars
by five dollars effective September 30, 2001, and the commission shall increase the fee by another five dollars effective
September 30, 2002. After the fee increase effective September 30, 2002, the commission shall not increase the fee. Upon
receipt of the application and the application fee, the snowmobile shall be registered and a registration number assigned,
which shall be affixed to the snowmobile in a manner provided in RCW 46.10.070.
The registration provided in this section shall be valid for
a period of one year. At the end of the period of registration,
every owner of a snowmobile in this state shall renew his or
her registration in the manner the department prescribes, for
an additional period of one year, upon payment of the annual
registration fee as determined by the commission.
Any person acquiring a snowmobile already validly registered under the provisions of this chapter must, within ten
days of the acquisition or purchase of the snowmobile, make
application to the department for transfer of the registration,
and the application shall be accompanied by a transfer fee of
five dollars.
A snowmobile owned by a resident of another state or
Canadian province where registration is not required by law
may be issued a nonresident registration permit valid for not
more than sixty days. Application for the permit shall state
the name and address of each owner of the snowmobile to be
registered and shall be signed by at least one owner and shall
be accompanied by a registration fee of five dollars. The registration permit shall be carried on the vehicle at all times
during its operation in this state.
The registration fees provided in this section shall be in
lieu of any personal property or excise tax heretofore
imposed on snowmobiles by this state or any political subdivision thereof, and no city, county, or other municipality, and
no state agency shall hereafter impose any other registration
or license fee on any snowmobile in this state.
The department shall make available a pair of uniform
decals consistent with the provisions of RCW 46.10.070. In
addition to the registration fee provided in this section the
department shall charge each applicant for registration the
actual cost of the decal. The department shall make available
replacement decals for a fee equivalent to the actual cost of
the decals. [2002 c 352 § 2; 2001 2nd sp.s. c 7 § 918; 1997 c
241 § 2; 1996 c 164 § 1; 1986 c 16 § 2; 1982 c 17 § 2; 1979
ex.s. c 182 § 5; 1973 1st ex.s. c 128 § 1; 1972 ex.s. c 153 § 20;
1971 ex.s. c 29 § 4.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Severability—Effective date—2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
Purpose—Policy statement as to certain state lands—1972 ex.s. c
153: See RCW 79A.35.070.
(2004 Ed.)
Snowmobiles
46.10.043 Registration or transfer of registration
pursuant to sale by dealer—Temporary registration.
Each snowmobile dealer registered pursuant to the provisions
of RCW 46.10.050 shall register the snowmobile or, in the
event the snowmobile is currently registered, transfer the registration to the new owner prior to delivering the snowmobile
to that new owner subsequent to the sale thereof by the
dealer. Applications for registration and transfer of registration of snowmobiles shall be made to agents of the department authorized as such in accordance with RCW 46.01.140
and 46.01.150 as now or hereafter amended.
All registrations for snowmobiles must be valid for the
current registration period prior to the transfer of any registration, including assignment to a dealer. Upon the sale of a
snowmobile by a dealer, the dealer may issue a temporary
registration as provided by rules adopted by the department.
[1982 c 17 § 3; 1979 ex.s. c 182 § 6; 1975 1st ex.s. c 181 § 4.]
46.10.043
46.10.050 Snowmobile dealers' registration—Fee—
Dealer number plates, use—Sale or demonstration
unlawful without registration. (1) Each dealer of snowmobiles in this state shall register with the department in such
manner and upon such forms as the department shall prescribe. Upon receipt of a dealer's application for registration
and the registration fee provided for in subsection (2) of this
section, such dealer shall be registered and a registration
number assigned.
(2) The registration fee for dealers shall be twenty-five
dollars per year, and such fee shall cover all of the snowmobiles offered by a dealer for sale and not rented on a regular,
commercial basis: PROVIDED, That snowmobiles rented on
a regular commercial basis by a dealer shall be registered separately under the provisions of RCW 46.10.020, 46.10.040,
46.10.060, and 46.10.070.
(3) Upon registration each dealer may purchase, at a cost
to be determined by the department, dealer number plates of
a size and color to be determined by the department, which
shall contain the registration number assigned to that dealer.
Each snowmobile operated by a dealer, dealer representative,
or prospective customer for the purposes of demonstration or
testing shall display such number plates in a clearly visible
manner.
(4) No person other than a dealer, dealer representative,
or prospective customer shall display a dealer number plate,
and no dealer, dealer representative, or prospective customer
shall use a dealer's number plate for any purpose other than
the purposes described in subsection (3) of this section.
(5) Dealer registration numbers are nontransferable.
(6) It is unlawful for any dealer to sell any snowmobile at
wholesale or retail, or to test or demonstrate any snowmobile,
within the state, unless registered in accordance with the provisions of this section. [1990 c 250 § 26; 1982 c 17 § 5; 1971
ex.s. c 29 § 5.]
46.10.050
Severability—1990 c 250: See note following RCW 46.16.301.
46.10.055 Denial, suspension, or revocation of dealer
registration or assessment of monetary civil penalty,
when. The director may by order deny, suspend, or revoke
the registration of any snowmobile dealer or, in lieu thereof
or in addition thereto, may by order assess monetary civil
penalties not to exceed five hundred dollars per violation, if
46.10.055
(2004 Ed.)
46.10.080
the director finds that the order is in the public interest and
that the applicant or registrant, or any partner, officer, director, or owner of ten percent of the assets of the firm, or any
employee or agent:
(1) Has failed to comply with the applicable provisions
of this chapter or any rules adopted under this chapter; or
(2) Has failed to pay any monetary civil penalty assessed
by the director under this section within ten days after the
assessment becomes final. [1982 c 17 § 4.]
46.10.060
46.10.060 Registration number permanent—Certificate of registration, date tags. The registration number
assigned to a snowmobile in this state at the time of its original registration shall remain with that snowmobile until the
vehicle is destroyed, abandoned, or permanently removed
from this state, or until changed or terminated by the department. The department shall, upon assignment of such registration number, issue and deliver to the owner a certificate of
registration, in such form as the department shall prescribe.
The certificate of registration shall not be valid unless signed
by the person who signed the application for registration.
At the time of the original registration, and at the time of
each subsequent renewal thereof, the department shall issue
to the registrant a date tag or tags indicating the validity of the
current registration and the expiration date thereof, which
validating date, tag, or tags shall be affixed to the snowmobile in such manner as the department may prescribe. Notwithstanding the fact that a snowmobile has been assigned a
registration number, it shall not be considered as validly registered within the meaning of this section unless a validating
date tag and current registration certificate has been issued.
[1971 ex.s. c 29 § 6.]
46.10.070
46.10.070 Affixing and displaying registration number. The registration number assigned to each snowmobile
shall be permanently affixed to and displayed upon each
snowmobile in such manner as provided by rules adopted by
the department, and shall be maintained in a legible condition; except dealer number plates as provided for in RCW
46.10.050 may be temporarily affixed. [1973 1st ex.s. c 128
§ 2; 1972 ex.s. c 153 § 21; 1971 ex.s. c 29 § 7.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.10.075
46.10.075 Snowmobile account—Deposits—Appropriations, use. There is created a snowmobile account
within the state treasury. Snowmobile registration fees, monetary civil penalties from snowmobile dealers, and snowmobile fuel tax moneys collected under this chapter and in
excess of the amounts fixed for the administration of the registration and fuel tax provisions of this chapter shall be
deposited in the snowmobile account and shall be appropriated only to the state parks and recreation commission for the
administration and coordination of this chapter. [1991 sp.s. c
13 § 9; 1985 c 57 § 61; 1982 c 17 § 6; 1979 ex.s. c 182 § 7.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
46.10.080
46.10.080 Distribution of snowmobile registration
fees, civil penalties, and fuel tax moneys. The moneys col[Title 46 RCW—page 29]
46.10.090
Title 46 RCW: Motor Vehicles
lected by the department as snowmobile registration fees,
monetary civil penalties from snowmobile dealers, and fuel
tax moneys placed in the snowmobile account shall be distributed in the following manner:
(1) Actual expenses not to exceed three percent for each
year shall be retained by the department to cover expenses
incurred in the administration of the registration and fuel tax
provisions of this chapter.
(2) The remainder of such funds each year shall be remitted to the state treasurer to be deposited in the snowmobile
account of the general fund and shall be appropriated only to
the commission to be expended for snowmobile purposes.
Such purposes may include but not necessarily be limited to
the administration, acquisition, development, operation, and
maintenance of snowmobile facilities and development and
implementation of snowmobile safety, enforcement, and education programs.
(3) Nothing in this section is intended to discourage any
public agency in this state from developing and implementing snowmobile programs. The commission is authorized to
make grants to public agencies and to contract with any public or private agency or person for the purpose of developing
and implementing snowmobile programs, provided that the
programs are not inconsistent with the rules adopted by the
commission. [1982 c 17 § 7; 1979 ex.s. c 182 § 8; 1975 1st
ex.s. c 181 § 2; 1973 1st ex.s. c 128 § 3; 1972 ex.s. c 153 § 22;
1971 ex.s. c 29 § 8.]
Purpose—Including policy statement as to certain state lands—
1972 ex.s. c 153: See RCW 79A.35.070.
46.10.090
46.10.090 Operating violations. (1) It is a traffic
infraction for any person to operate any snowmobile:
(a) At a rate of speed greater than reasonable and prudent
under the existing conditions.
(b) In a manner so as to endanger the property of another.
(c) Without a lighted headlight and taillight between the
hours of dusk and dawn, or when otherwise required for the
safety of others.
(d) Without an adequate braking device which may be
operated either by hand or foot.
(e) Without an adequate and operating muffling device
which shall effectively blend the exhaust and motor noise in
such a manner so as to preclude excessive or unusual noise,
and, (i) on snowmobiles manufactured on or before January
4, 1973, which shall effectively limit such noise at a level of
eighty-six decibels, or below, on the "A" scale at fifty feet,
and (ii) on snowmobiles manufactured after January 4, 1973,
which shall effectively limit such noise at a level of eightytwo decibels, or below, on the "A" scale at fifty feet, and (iii)
on snowmobiles manufactured after January 1, 1975, which
shall effectively limit such noise at a level of seventy-eight
decibels, or below, as measured on the "A" scale at a distance
of fifty feet, under testing procedures as established by the
department of ecology; except snowmobiles used in organized racing events in an area designated for that purpose
may use a bypass or cutout device. This section shall not
affect the power of the department of ecology to adopt noise
performance standards for snowmobiles. Noise performance
standards adopted or to be adopted by the department of ecology shall be in addition to the standards contained in this sec[Title 46 RCW—page 30]
tion, but the department's standards shall supersede this section to the extent of any inconsistency.
(f) Upon the paved portion or upon the shoulder or inside
bank or slope of any public roadway or highway, or upon the
median of any divided highway, except as provided in RCW
46.10.100 and 46.10.110.
(g) In any area or in such a manner so as to expose the
underlying soil or vegetation, or to injure, damage, or destroy
trees or growing crops.
(h) Without a current registration decal affixed thereon,
if not exempted under RCW 46.10.030 as now or hereafter
amended.
(2) It is a misdemeanor for any person to operate any
snowmobile so as to endanger the person of another or while
under the influence of intoxicating liquor or narcotics or
habit-forming drugs. [1980 c 148 § 1. Prior: 1979 ex.s. c 182
§ 10; 1979 ex.s. c 136 § 43; 1975 1st ex.s. c 181 § 5; 1971
ex.s. c 29 § 9.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—1980 c 148: "Sections 1 through 7 of this 1980 act
shall take effect January 1, 1981. Section 8 of this 1980 act is necessary for
the immediate preservation of the public peace, health, and safety, the support of the state government and its existing institutions, and shall take effect
immediately." [1980 c 148 § 9.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.10.100
46.10.100 Crossing public roadways and highways
lawful, when. It shall be lawful to drive or operate a snowmobile across public roadways and highways other than limited access highways when:
The crossing is made at an angle of approximately ninety
degrees to the direction of the highway and at a place where
no obstruction prevents a quick and safe crossing; and
The snowmobile is brought to a complete stop before
entering the public roadway or highway; and
The operator of the snowmobile yields the right of way
to motor vehicles using the public roadway or highway; and
The crossing is made at a place which is greater than one
hundred feet from any public roadway or highway intersection. [1971 ex.s. c 29 § 10.]
46.10.110
46.10.110 Operating upon public road or highway
lawful, when. Notwithstanding the provisions of RCW
46.10.100, it shall be lawful to operate a snowmobile upon a
public roadway or highway:
Where such roadway or highway is completely covered
with snow or ice and has been closed by the responsible governing body to motor vehicle traffic during the winter
months; or
When the responsible governing body gives notice that
such roadway or highway is open to snowmobiles or all-terrain vehicle use; or
In an emergency during the period of time when and at
locations where snow upon the roadway or highway renders
such impassible to travel by automobile; or
When traveling along a designated snowmobile trail.
[1972 ex.s. c 153 § 23; 1971 ex.s. c 29 § 11.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
(2004 Ed.)
Snowmobiles
46.10.120 Restrictions on age of operators—Qualifications. No person under twelve years of age shall operate a
snowmobile on or across a public roadway or highway in this
state, and no person between the ages of twelve and sixteen
years of age shall operate a snowmobile on or across a public
road or highway in this state unless he has taken a snowmobile safety education course and been certified as qualified to
operate a snowmobile by an instructor designated by the
commission as qualified to conduct such a course and issue
such a certificate, and he has on his person at the time he is
operating a snowmobile evidence of such certification: PROVIDED, That persons under sixteen years of age who have
not been certified as qualified snowmobile operators may
operate a snowmobile under the direct supervision of a qualified snowmobile operator. [1972 ex.s. c 153 § 24; 1971 ex.s.
c 29 § 12.]
46.10.120
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.10.130 Additional violations—Penalty. (1) No person shall operate a snowmobile in such a way as to endanger
human life.
(2) No person shall operate a snowmobile in such a way
as to run down or harass deer, elk, or any wildlife, or any
domestic animal, nor shall any person carry any loaded
weapon upon, nor hunt from, any snowmobile except by permit issued by the director of fish and wildlife under RCW
77.32.237.
(3) Any person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 234; 1994 c 264 § 37; 1989 c 297
§ 4; 1979 ex.s. c 182 § 11; 1971 ex.s. c 29 § 13.]
46.10.130
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.10.140 Accident reports. The operator of any snowmobile involved in any accident resulting in injury to or death
of any person, or property damage to an apparent extent equal
to or greater than the minimum amount established by rule
adopted by the Washington state patrol in accordance with
chapter 46.52 RCW, or a person acting for the operator, or the
owner of the snowmobile having knowledge of the accident,
if the operator of the snowmobile is unknown, shall submit
such reports as are required under chapter 46.52 RCW, and
the provisions of chapter 46.52 RCW applies to the reports
when submitted. [1990 c 250 § 27; 1971 ex.s. c 29 § 14.]
46.10.140
Severability—1990 c 250: See note following RCW 46.16.301.
46.10.190
highway use of fuel, but persons so purchasing and using
motor vehicle fuel shall not be entitled to a refund of the
motor vehicle fuel excise tax paid in accordance with the provisions of RCW 82.36.280 as it now exists or is hereafter
amended. [1971 ex.s. c 29 § 16.]
46.10.170
46.10.170 Amount of snowmobile fuel tax paid as
motor vehicle fuel tax. From time to time, but at least once
each four years, the department shall determine the amount of
moneys paid to it as motor vehicle fuel tax that is tax on
snowmobile fuel. Such determination shall use one hundred
thirty-five gallons as the average yearly fuel usage per snowmobile, the number of registered snowmobiles during the calendar year under determination, and a fuel tax rate of: (1)
Nineteen cents per gallon of motor vehicle fuel from July 1,
2003, through June 30, 2005; (2) twenty cents per gallon of
motor vehicle fuel from July 1, 2005, through June 30, 2007;
(3) twenty-one cents per gallon of motor vehicle fuel from
July 1, 2007, through June 30, 2009; (4) twenty-two cents per
gallon of motor vehicle fuel from July 1, 2009, through June
30, 2011; and (5) twenty-three cents per gallon of motor vehicle fuel beginning July 1, 2011, and thereafter. [2003 c 361 §
408; 1994 c 262 § 4; 1993 c 54 § 7; 1990 c 42 § 117; 1979
ex.s. c 182 § 13; 1971 ex.s. c 29 § 17.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
46.10.180
46.10.180 Regulation by political subdivisions, state
agencies. Notwithstanding any of the provisions of this
chapter, any city, county, or other political subdivision of this
state, or any state agency, may regulate the operation of
snowmobiles on public lands, waters, and other properties
under its jurisdiction, and on streets or highways within its
boundaries by adopting regulations or ordinances of its governing body, provided such regulations are not inconsistent
with the provisions of this chapter; and provided further that
no such city, county, or other political subdivision of this
state, nor any state agency, may adopt a regulation or ordinance which imposes a special fee for the use of public lands
or waters by snowmobiles, or for the use of any access thereto
which is owned by or under the jurisdiction of either the
United States, this state, or any such city, county, or other
political subdivision. [1971 ex.s. c 29 § 18.]
46.10.185
46.10.150 Refund of snowmobile fuel tax to snowmobile account. From time to time, but at least once each biennium, the director shall request the state treasurer to refund
from the motor vehicle fund amounts which have been determined to be a tax on snowmobile fuel, and the treasurer shall
refund such amounts determined under RCW 46.10.170, and
place them in the snowmobile account in the general fund.
[1994 c 262 § 3; 1979 ex.s. c 182 § 12; 1975 1st ex.s. c 181 §
3; 1973 1st ex.s. c 128 § 4; 1971 ex.s. c 29 § 15.]
46.10.150
46.10.185 Local authorities may provide for safety
and convenience. Notwithstanding any other provisions of
this chapter, the local governing body may provide for the
safety and convenience of snowmobiles and snowmobile
operators. Such provisions may include, but shall not necessarily be limited to, the clearing of areas for parking automobiles, the construction and maintenance of rest areas, and the
designation and development of given areas for snowmobile
use. [1972 ex.s. c 153 § 25.]
Purpose—1972 ex.s. c 153: See RCW 79A.35.070.
46.10.160 Snowmobile fuel excise tax nonrefundable.
Motor vehicle fuel used and purchased for providing the
motive power for snowmobiles shall be considered a non46.10.160
(2004 Ed.)
46.10.190
46.10.190 Violations as traffic infractions—Exceptions—Civil liability. (1) Except as provided in RCW
[Title 46 RCW—page 31]
46.10.200
Title 46 RCW: Motor Vehicles
46.10.090(2), 46.10.055, and 46.10.130, any violation of the
provisions of this chapter is a traffic infraction: PROVIDED, That the penalty for failing to display a valid registration decal under RCW 46.10.090 as now or hereafter
amended shall be a fine of forty dollars and such fine shall be
remitted to the general fund of the governmental unit, which
personnel issued the citation, for expenditure solely for snowmobile law enforcement.
(2) In addition to the penalties provided in RCW
46.10.090 and subsection (1) of this section, the operator
and/or the owner of any snowmobile used with the permission of the owner shall be liable for three times the amount of
any damage to trees, shrubs, growing crops, or other property
injured as the result of travel by such snowmobile over the
property involved. [1982 c 17 § 8; 1980 c 148 § 2. Prior:
1979 ex.s. c 182 § 14; 1979 ex.s. c 136 § 44; 1975 1st ex.s. c
181 § 6; 1971 ex.s. c 29 § 19.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—1980 c 148: See note following RCW 46.10.090.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.10.200
46.10.200 Enforcement. The provisions of this chapter
shall be enforced by all persons having the authority to
enforce any of the laws of this state, including, without limitation, officers of the state patrol, county sheriffs and their
deputies, all municipal law enforcement officers within their
respective jurisdictions, fish and wildlife officers, state park
rangers, and those employees of the department of natural
resources designated by the commissioner of public lands
under *RCW 43.30.310, as having police powers to enforce
the laws of this state. [2001 c 253 § 4; 1980 c 78 § 131; 1971
ex.s. c 29 § 20.]
*Reviser's note: RCW 43.30.310 was recodified as RCW 43.12.065
pursuant to 2003 c 334 § 127.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
46.10.210
46.10.210 Administration. With the exception of the
registration and licensing provisions, this chapter shall be
administered by the Washington state parks and recreation
commission. The department shall consult with the commission prior to adopting rules to carry out its duties under this
chapter. After consultation with the committee, the commission shall adopt such rules as may be necessary to carry out
its duties under this chapter. Nothing in this chapter is
intended to discourage experimental or pilot programs which
could enhance snowmobile safety or recreational snowmobiling. [1979 ex.s. c 182 § 15; 1973 1st ex.s. c 128 § 5.]
six geographical areas throughout this state where snowmobile activity occurs, as defined by the commission;
(b) Three representatives of the nonsnowmobiling public, appointed by the commission; and
(c) One representative of the department of natural
resources, one representative of the department of fish and
wildlife, and one representative of the Washington state association of counties; each of whom shall be appointed by the
director of such department or association.
(4) Terms of the members appointed under subsection
(3)(a) and (b) of this section shall commence on October 1st
of the year of appointment and shall be for three years or until
a successor is appointed, except in the case of appointments
to fill vacancies which shall be for the remainder of the unexpired term: PROVIDED, That the first such members shall
be appointed for terms as follows: Three members shall be
appointed for one year, three members shall be appointed for
two years, and three members shall be appointed for three
years.
(5) Members of the committee shall be reimbursed for
travel expenses as provided in RCW 43.03.050 and
43.03.060. Expenditures under this subsection shall be from
the snowmobile account created by RCW 46.10.075.
(6) The committee may meet at times and places fixed by
the committee. The committee shall meet not less than twice
each year and additionally as required by the committee
chairman or by majority vote of the committee. One of the
meetings shall be coincident with a meeting of the commission at which the committee shall provide a report to the commission. The chairman of the committee shall be chosen
under procedures adopted by the committee from those members appointed under subsection (3)(a) and (b) of this section.
(7) The Washington state parks and recreation commission shall serve as recording secretary to the committee. A
representative of the department of licensing shall serve as an
ex officio member of the committee and shall be notified of
all meetings of the committee. The recording secretary and
the ex officio member shall be nonvoting members.
(8) The committee shall adopt procedures to govern its
proceedings. [1994 c 264 § 38; 1989 c 175 § 110; 1988 c 36
§ 26; 1987 c 330 § 1201. Prior: 1986 c 270 § 9; 1986 c 16 §
3; 1983 c 139 § 1; 1979 ex.s. c 182 § 2.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.10.220
46.10.220 Snowmobile advisory committee. (1) There
is created in the Washington state parks and recreation commission a snowmobile advisory committee to advise the commission regarding the administration of this chapter.
(2) The purpose of the committee is to assist and advise
the commission in the planned development of snowmobile
facilities and programs.
(3) The committee shall consist of:
(a) Six interested snowmobilers, appointed by the commission; each such member shall be a resident of one of the
[Title 46 RCW—page 32]
46.10.900
46.10.900 Severability—1971 ex.s. c 29. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of this chapter, or
the application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 29 § 21.]
46.10.910
46.10.910 Short title. This chapter may be known and
cited as the "Snowmobile act". [1971 ex.s. c 29 § 22.]
(2004 Ed.)
Certificates of Ownership and Registration
Chapter 46.12
Chapter 46.12 RCW
CERTIFICATES OF OWNERSHIP
AND REGISTRATION
Sections
46.12.005
46.12.010
46.12.020
46.12.030
46.12.040
46.12.042
46.12.045
46.12.047
46.12.050
46.12.055
46.12.060
46.12.070
46.12.075
46.12.080
46.12.095
46.12.101
46.12.102
46.12.103
46.12.105
46.12.124
46.12.130
46.12.151
46.12.160
46.12.170
46.12.181
46.12.190
46.12.200
46.12.210
46.12.215
46.12.220
46.12.230
46.12.240
46.12.250
46.12.260
46.12.270
46.12.280
46.12.290
46.12.295
46.12.300
46.12.310
46.12.320
46.12.330
46.12.340
46.12.350
46.12.370
46.12.380
46.12.390
46.12.420
46.12.430
46.12.440
46.12.450
46.12.500
46.12.510
Definitions.
Certificates required to operate and sell vehicles—Manufacturers or dealers, security interest, how perfected.
Prerequisite to issuance of vehicle license and plates.
Certificate of ownership—Application—Contents—Examination of vehicle.
Certificate of ownership—Fees.
Emergency medical services fee.
Off-road vehicles, certificate of ownership for title purposes
only.
Stolen vehicle check.
Issuance of certificates—Contents.
Certificate of ownership—Manufactured homes.
Procedure when identification number altered or obliterated.
Destruction of vehicle—Surrender of certificates, penalty—
Notice of settlement by insurance company.
Rebuilt vehicles.
Procedure on installation of different motor—Penalty.
Requirements for perfecting security interest.
Transfer of ownership—Requirements—Penalty, exceptions.
Release of owner from liability, requirements for.
Transitional ownership record.
Transfer of ownership of mobile home, county assessor notified—Evidence of taxes paid.
Odometer disclosure statement.
Assigned certificate of ownership to be filed by department—
Transfer of interest in vehicle.
Procedure when department unsatisfied as to ownership and
security interests.
Refusal or cancellation of certificate—Notice—Penalty for
subsequent operation.
Procedure when security interest is granted on vehicle.
Duplicate for lost, stolen, mutilated, etc., certificates.
Legal owner not liable for acts of registered owner.
State or director not liable for acts in administering chapter.
Penalty for false statements or illegal transfers.
Unlawful sale of certificate of ownership.
Alteration or forgery—Penalty.
Permit to licensed wrecker to junk vehicle—Fee.
Appeals to superior court from suspension, revocation, cancellation, or refusal of license or certificate.
Ownership of motor vehicle by person under eighteen prohibited—Exceptions.
Sale or transfer of motor vehicle ownership to person under
eighteen prohibited.
Penalty for violation of RCW 46.12.250 or 46.12.260.
Campers—Application to—Rules and regulations.
Mobile or manufactured homes, application of chapter to—
Rules.
Mobile homes—Titling functions transferred to department of
community, trade, and economic development.
Serial numbers on vehicles, watercraft, campers, or parts—
Buying, selling, etc., with numbers removed, altered, etc.—
Penalty.
Serial numbers—Seizure and impoundment of vehicles, etc.—
Notice to interested persons—Release to owner, etc.
Serial numbers—Disposition of vehicles, etc., authorized,
when.
Serial numbers—Hearing—Appeal—Removal to court—
Release.
Serial numbers—Release of vehicle, etc.
Assignment of new serial number.
Lists of registered and legal owners of vehicles—Furnished
for certain purposes—Penalty for unauthorized use.
Disclosure of names and addresses of individual vehicle owners.
Disclosure violations, penalties.
Street rod vehicles.
Parts cars.
Kit vehicles—Application for certificate of ownership.
Kit vehicles—Issuance of certificate of ownership or registration.
Commercial vehicle—Compliance statement.
Donations for organ donation awareness.
Classification of manufactured homes: Chapter 65.20 RCW.
Hulk haulers and scrap processors: Chapter 46.79 RCW.
(2004 Ed.)
46.12.010
46.12.005
46.12.005 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) The words "delivery," "notice," "send," and "security
interest" have the same meaning as these terms are defined in
RCW 62A.1-201; the word "secured party" has the same
meaning as this term is defined in RCW 62A.9A-102.
(2) "Salvage vehicle" means a vehicle whose certificate
of ownership has been surrendered to the department under
RCW 46.12.070 due to the vehicle's destruction or declaration as a total loss or for which there is documentation indicating that the vehicle has been declared salvage or has been
damaged to the extent that the owner, an insurer, or other person acting on behalf of the owner, has determined that the
cost of parts and labor plus the salvage value has made it
uneconomical to repair the vehicle. The term does not include
a motor vehicle having a model year designation of a calendar year that is at least six years before the calendar year in
which the vehicle was wrecked, destroyed, or damaged,
unless, after June 13, 2002, and immediately before the vehicle was wrecked, destroyed, or damaged, the vehicle had a
retail fair market value of at least the then market value
threshold amount and has a model year designation of a calendar year not more than twenty years before the calendar
year in which the vehicle was wrecked, destroyed, or damaged. "Market value threshold amount" means six thousand
five hundred dollars or such greater amount as is then in
effect by rule of the department in accordance with this section. If, for any year beginning with 2002, the Consumer
Price Index for All Urban Consumers, compiled by the
Bureau of Labor Statistics, United States Department of
Labor, or its successor, for the West Region, in the expenditure category "used cars and trucks," shows an increase in the
annual average for that year compared to that of the year
immediately prior, the department shall, by rule, increase the
then market value threshold amount by the same percentage
as the percentage increase of the annual average, with the
increase of the market value threshold amount to be effective
on July 1st of the year immediately after the year with the
increase of the annual average. However, the market value
threshold amount may not be increased if the amount of the
increase would be less than fifty dollars, and each increase of
the market value threshold amount will be rounded to the
nearest ten dollars. If an increase in the market value threshold amount is not made because the increase would be less
than fifty dollars, the unmade increase will be carried forward
and added to later year calculations of increase until the
unmade increase is included in an increase made to the market value threshold amount. [2002 c 245 § 1; 1996 c 26 § 1;
1967 c 140 § 5.]
Effective date—1967 c 140: See note following RCW 46.12.010.
46.12.010
46.12.010 Certificates required to operate and sell
vehicles—Manufacturers or dealers, security interest,
how perfected. It shall be unlawful for any person to operate
any vehicle in this state under a certificate of license registration of this state without securing and having in full force and
effect a certificate of ownership therefor that contains the
name of the registered owner exactly as it appears on the certificate of license registration and it shall further be unlawful
for any person to sell or transfer any vehicle without complying with all the provisions of this chapter relating to certifi[Title 46 RCW—page 33]
46.12.020
Title 46 RCW: Motor Vehicles
cates of ownership and license registration of vehicles: PROVIDED, No certificate of title need be obtained for a vehicle
owned by a manufacturer or dealer and held for sale, even
though incidentally moved on the highway or used for purposes of testing and demonstration, or a vehicle used by a
manufacturer solely for testing: PROVIDED, That a security
interest in a vehicle held as inventory by a manufacturer or
dealer shall be perfected in accordance with *RCW 62A.9302(1) and no endorsement on the certificate of title shall be
necessary for perfection: AND PROVIDED FURTHER,
That nothing in this title shall be construed to prevent any
person entitled thereto from securing a certificate of ownership upon a vehicle without securing a certificate of license
registration and vehicle license plates, when, in the judgment
of the director of licensing, it is proper to do so. [1997 c 241
§ 3; 1979 c 158 § 132; 1975 c 25 § 6; 1967 c 140 § 1; 1967 c
32 § 6; 1961 c 12 § 46.12.010. Prior: 1937 c 188 § 2; RRS §
6312-2.]
*Reviser's note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
Effective date—1967 c 140: "This act shall become effective at midnight on June 30, 1967. It applies to transactions entered into and events
occurring after that date." [1967 c 140 § 11.]
Definitions: RCW 46.12.005.
46.12.020
46.12.020 Prerequisite to issuance of vehicle license
and plates. No vehicle license number plates or certificate of
license registration, whether original issues or duplicates,
may be issued or furnished by the department unless the
applicant, at the same time, makes satisfactory application for
a certificate of ownership or presents satisfactory evidence
that such a certificate of ownership covering the vehicle has
been previously issued. [1989 c 337 § 22. Prior: 1987 c 388
§ 9; 1987 c 244 § 1; 1985 c 424 § 1; 1975 c 25 § 7; 1967 c 32
§ 7; 1961 c 12 § 46.12.020; prior: 1947 c 164 § 1, part; 1937
c 188 § 3, part; Rem. Supp. 1947 § 6312-2, part.]
Effective date—1989 c 337 § 22: "Section 22 of this act shall take
effect January 1, 1990." [1989 c 337 § 23.]
Effective date—1987 c 388 § 9: "Section 9 of this act shall take effect
January 1, 1990." [1987 c 388 § 14.]
Severability—1987 c 388: See note following RCW 46.20.342.
Effective dates—1987 c 244: "Section 1 of this act shall take effect on
January 1, 1990. Sections 9, 10, and 15 through 58 of this act shall take effect
on January 1, 1988." [1987 c 244 § 59.]
Effective date—1985 c 424: "This act shall take effect on January 1,
1990." [1986 c 174 § 1; 1985 c 424 § 2.]
Allowing unauthorized person to drive, penalty: RCW 46.16.011.
Notice of liability insurance requirement: RCW 46.16.212.
46.12.030
46.12.030 Certificate of ownership—Application—
Contents—Examination of vehicle. (1) The application for
a certificate of ownership shall be upon a form furnished or
approved by the department and shall contain:
(a) A full description of the vehicle, which shall contain
the proper vehicle identification number, the number of miles
indicated on the odometer at the time of delivery of the vehicle, and any distinguishing marks of identification;
(b) The name and address of the person who is to be the
registered owner of the vehicle and, if the vehicle is subject to
a security interest, the name and address of the secured party;
[Title 46 RCW—page 34]
(c) Such other information as the department may
require.
(2) The department may in any instance, in addition to
the information required on the application, require additional information and a physical examination of the vehicle
or of any class of vehicles, or either.
(3)[(a)] A physical examination of the vehicle is mandatory if it has been rebuilt after surrender of the certificate of
ownership to the department under RCW 46.12.070 due to
the vehicle's destruction or declaration as a total loss. The
inspection must verify that the vehicle identification number
is genuine and agrees with the number shown on the title and
registration certificate. The inspection must be made by a
member of the Washington state patrol or other person authorized by the department to make such inspections.
(b)(i) A physical examination of the vehicle is mandatory if the vehicle was declared totaled or salvage under the
laws of this state, or the vehicle is presented with documents
from another state showing the vehicle was totaled or salvage
and has not been reissued a valid registration from that state
after the declaration of total loss or salvage.
(ii) The inspection must verify that the vehicle identification number is genuine and agrees with the number shown on
the original documents supporting the vehicle purchase or
ownership.
(iii) A Washington state patrol VIN specialist must
ensure that all major component parts used for the reconstruction of a salvage or rebuildable vehicle were obtained
legally. Original invoices must be from a vendor that is registered with the department of revenue for the collection of
retail sales or use taxes or comparable agency in the jurisdiction where the major component parts were purchased. The
invoices must include the name and address of the business, a
description of the part or parts sold, the date of sale, and the
amount of sale to include all taxes paid unless exempted by
the department of revenue or comparable agency in the jurisdiction where the major component parts were purchased. If
the parts or components were purchased from a private individual, that bill of sale must be notarized. The bills of sale
must include the names and addresses of the sellers and purchasers, a description of the vehicle, the part or parts being
sold, including the make, model, year, and identification or
serial number, that date of sale, and the purchase price of the
vehicle or part or parts. If the presenter is unable to provide
an acceptable release of interest or proof of ownership for a
vehicle or major component part as described above, an
inspection must be completed for ownership-in-doubt purposes as prescribed by WAC 308-56A-210.
(iv) A vehicle presented for inspection must have all
damaged major component parts replaced or repaired to meet
RCW and WAC requirements before inspection of the salvage vehicle by the Washington state patrol.
(4) Rebuilt or salvage vehicles licensed in Washington
must meet the requirements found under chapter 46.37 RCW
to be driven upon public roadways.
(5) The application shall be subscribed by the person
applying to be the registered owner and be sworn to by that
applicant in the manner described by RCW 9A.72.085. The
department shall retain the application in either the original,
computer, or photostatic form. [2004 c 188 § 1; 2001 c 125 §
1. Prior: 1995 c 274 § 1; 1995 c 256 § 23; 1990 c 238 § 1;
(2004 Ed.)
Certificates of Ownership and Registration
1975 c 25 § 8; 1974 ex.s. c 128 § 1; 1972 ex.s. c 99 § 2; 1967
c 32 § 8; 1961 c 12 § 46.12.030; prior: 1947 c 164 § 1, part;
1937 c 188 § 3, part; Rem. Supp. 1947 § 6312-2, part.]
Effective date—2001 c 125: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 125 § 5.]
Effective date, implementation—1990 c 238: "This act is necessary
for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take
effect May 1, 1990. The director of licensing shall immediately take such
steps as are necessary to ensure that this act is implemented on its effective
date." [1990 c 238 § 9.]
Effective date—1974 ex.s. c 128: "This 1974 amendatory act shall take
effect July 1, 1974." [1974 ex.s. c 128 § 3.]
Notice of liability insurance requirement: RCW 46.16.212.
46.12.050
cents at the time of application for (a) an original title or
transfer of title issued on any motor vehicle pursuant to this
chapter or chapter 46.09 RCW, or (b) an original transaction
or transfer of ownership transaction of a vehicle under chapter 46.10 RCW. The department of licensing or any of its
authorized agents shall collect the fee when processing these
transactions. The fee shall be transmitted to the emergency
medical services and trauma care system trust account created in RCW 70.168.040.
(3) This section does not apply to a motor vehicle that
has been declared a total loss by an insurer or self-insurer
unless an application for certificate of ownership or license
registration is made to the department of licensing after the
declaration of total loss. [1997 c 331 § 5.]
Effective date—1997 c 331: See note following RCW 70.168.135.
46.12.040
46.12.040 Certificate of ownership—Fees. (1) The
application for an original certificate of ownership accompanied by a draft, money order, certified bank check, or cash for
five dollars, together with the last preceding certificates or
other satisfactory evidence of ownership, shall be forwarded
to the director.
(2) The fee shall be in addition to any other fee for the
license registration of the vehicle. The certificate of ownership shall not be required to be renewed annually, or at any
other time, except as by law provided.
(3) In addition to the application fee and any other fee for
the license registration of a vehicle, the department shall collect from the applicant a fee of fifteen dollars for vehicles
previously registered in any other state or country. The proceeds from the fee shall be deposited in accordance with
RCW 46.68.020. For vehicles requiring a physical examination, the inspection fee shall be fifty dollars and shall be
deposited in accordance with RCW 46.68.020. [2004 c 200 §
1; 2002 c 352 § 3; 2001 c 125 § 2; 1990 c 238 § 2; 1989 c 110
§ 1; 1975 1st ex.s. c 138 § 1; 1974 ex.s. c 128 § 2; 1961 c 12
§ 46.12.040. Prior: 1951 c 269 § 1; 1947 c 164 § 1, part;
1937 c 188 § 3, part; Rem. Supp. 1947 § 6312-3, part.]
Effective date—2004 c 200: "This act takes effect July 1, 2004." [2004
c 200 § 4.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—2001 c 125: See note following RCW 46.12.030.
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
Effective date—1974 ex.s. c 128: See note following RCW 46.12.030.
46.12.042
46.12.042 Emergency medical services fee. (1) Upon
the retail sale or lease of any new or used motor vehicle by a
vehicle dealer, the dealer shall collect from the consumer an
emergency medical services fee of six dollars and fifty cents,
two dollars and fifty cents of which shall be an administrative
fee to be retained by the vehicle dealer. The remainder of the
fee shall be forwarded with the required title application and
all other fees to the department of licensing, or any of its
authorized agents. The four-dollar fee collected in this section shall be deposited in the emergency medical services and
trau ma care system tr ust accoun t created in RCW
70.168.040. The administrative fee charged by a dealer shall
not be considered a violation of RCW 46.70.180(2).
(2) If a fee is not imposed under subsection (1) of this
section, there is hereby imposed a fee of six dollars and fifty
(2004 Ed.)
46.12.045
46.12.045 Off-road vehicles, certificate of ownership
for title purposes only. The department shall issue a certificate of ownership valid for title purposes only to the owner of
an off-road vehicle as defined in RCW 46.09.020. The owner
shall pay the fees established by RCW 46.12.040. Issuance of
such certificate does not qualify the vehicle for licensing
under chapter 46.16 RCW. [1986 c 186 § 4.]
46.12.047
46.12.047 Stolen vehicle check. The department shall
institute software and systems modifications to enable a
WACIC/NCIC stolen vehicle search of out-of-state vehicles
as part of the title transaction. During the stolen vehicle
search, if the information obtained indicates the vehicle is
stolen, that information shall be immediately reported to the
state patrol and the applicant shall not be issued a certificate
of ownership for the vehicle. Vehicles for which the stolen
vehicle check is negative shall be issued a certificate of ownership if the department is satisfied that all other requirements have been met. [2002 c 246 § 1; 2001 c 125 § 3.]
Effective date—2001 c 125: See note following RCW 46.12.030.
46.12.050
46.12.050 Issuance of certificates—Contents. The
department, if satisfied from the statements upon the application that the applicant is the legal owner of the vehicle or otherwise entitled to have a certificate of ownership thereof in
the applicant's name, shall issue an appropriate electronic
record of ownership or a written certificate of ownership,
over the director's signature, authenticated by seal, and if
required, a new written certificate of license registration if
certificate of license registration is required.
The certificates of ownership and the certificates of
license registration shall contain upon the face thereof, the
date of application, the registration number assigned to the
registered owner and to the vehicle, the name and address of
the registered owner and legal owner, the vehicle identification number, and such other description of the vehicle and
facts as the department shall require, and in addition thereto,
if the vehicle described in such certificates shall have ever
been licensed and operated as an exempt vehicle or a taxicab,
or if it has been rebuilt after becoming a salvage vehicle, such
fact shall be clearly shown thereon.
All certificates of ownership of motor vehicles issued
after April 30, 1990, shall reflect the odometer reading as
[Title 46 RCW—page 35]
46.12.055
Title 46 RCW: Motor Vehicles
provided by the odometer disclosure statement submitted
with the title application involving a transfer of ownership.
A blank space shall be provided on the face of the certificate of license registration for the signature of the registered
owner.
Upon issuance of the certificate of license registration
and certificate of ownership and upon any reissue thereof, the
department shall deliver the certificate of license registration
to the registered owner and the certificate of ownership to the
legal owner, or both to the person who is both the registered
owner and legal owner. [1996 c 26 § 2; 1993 c 307 § 1; 1990
c 238 § 3; 1975 c 25 § 9; 1967 c 32 § 9; 1961 c 12 §
46.12.050. Prior: 1959 c 166 § 1; 1947 c 164 § 2; 1937 c 188
§ 4; Rem. Supp. 1947 § 6312-4.]
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
46.12.055
46.12.055 Certificate of ownership—Manufactured
homes. The certificate of ownership for a manufactured
home may be eliminated or not issued when the manufactured home is registered pursuant to chapter 65.20 RCW.
When the certificate of ownership is eliminated or not issued
the application for license shall be recorded in the county
property records of the county where the real property to
which the home is affixed is located. All license fees and
taxes applicable to mobile homes under this chapter are due
and shall be collected prior to recording the ownership with
the county auditor. [1989 c 343 § 19.]
Severability—Effective date—1989 c 343: See RCW 65.20.940 and
65.20.950.
46.12.060
46.12.060 Procedure when identification number
altered or obliterated. Before the department shall issue a
certificate of ownership, or reissue such a certificate, covering any vehicle, the identification number of which has been
altered, removed, obliterated, defaced, omitted, or is otherwise absent, the registered owner of the vehicle shall file an
application with the department, accompanied by a fee of five
dollars, upon a form provided, and containing such facts and
information as shall be required by the department for the
assignment of a special number for such vehicle. Upon
receipt of such application, the department, if satisfied the
applicant is entitled to the assignment of an identification
number, shall designate a special identification number for
such vehicle, which shall be noted upon the application therefor, and likewise upon a suitable record of the authorization
of the use thereof, to be kept by the department. This assigned
identification number shall be placed or stamped in a conspicuous position upon the vehicle in such manner and form
as may be prescribed by the department. Upon receipt by the
department of an application for a certificate of ownership or
application for reissue of such certificate and the required fee
therefor, the department shall use such number as the numerical or alpha-numerical identification marks for the vehicle in
any certificate of license registration or certificate of ownership that may thereafter be issued therefor. [2001 c 125 § 4;
1975 c 25 § 10; 1974 ex.s. c 36 § 1; 1961 c 12 § 46.12.060.
Prior: 1959 c 166 § 3; prior: 1951 c 269 § 2; 1947 c 164 §
3(a); 1939 c 182 § 1(a); 1937 c 188 § 5(a); Rem. Supp. 1947
§ 6312-5(a).]
Effective date—2001 c 125: See note following RCW 46.12.030.
[Title 46 RCW—page 36]
Effective date—1974 ex.s. c 36: "This 1974 amendatory act shall take
effect on July 1, 1974." [1974 ex.s. c 36 § 2.]
46.12.070
46.12.070 Destruction of vehicle—Surrender of certificates, penalty—Notice of settlement by insurance company. (1) Upon the destruction of any vehicle issued a certificate of ownership under this chapter or a license registration
under chapter 46.16 RCW, the registered owner and the legal
owner shall forthwith and within fifteen days thereafter forward and surrender the certificate to the department, together
with a statement of the reason for the surrender and the date
and place of destruction. Failure to notify the department or
the possession by any person of any such certificate for a
vehicle so destroyed, after fifteen days following its destruction, is prima facie evidence of violation of the provisions of
this chapter and constitutes a gross misdemeanor.
(2) Any insurance company settling an insurance claim
on a vehicle that has been issued a certificate of ownership
under this chapter or a certificate of license registration under
chapter 46.16 RCW as a total loss, less salvage value, shall
notify the department thereof within fifteen days after the settlement of the claim. Notification shall be provided regardless of where or in what jurisdiction the total loss occurred.
(3) For a motor vehicle having a model year designation
at least six years before the calendar year of destruction, the
notification to the department must include a statement of
whether the retail fair market value of the motor vehicle
immediately before the destruction was at least the then market value threshold amount as defined in RCW 46.12.005.
[2003 c 53 § 235; 2002 c 245 § 2; 1990 c 250 § 28; 1961 c 12
§ 46.12.070. Prior: 1959 c 166 § 4; prior: 1947 c 164 § 3(b);
1939 c 182 § 1(b); 1937 c 188 § 5(b); Rem. Supp. 1947 §
6312-5(b).]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1990 c 250: See note following RCW 46.16.301.
46.12.075
46.12.075 Rebuilt vehicles. (1) Effective January 1,
1997, the department shall issue a unique certificate of ownership and certificate of license registration, as required by
chapter 46.16 RCW, for vehicles that are rebuilt after becoming a salvage vehicle. Each certificate shall conspicuously
display across its front, a word indicating that the vehicle was
rebuilt.
(2) Beginning January 1, 1997, upon inspection of a salvage vehicle that has been rebuilt under RCW 46.12.030, the
state patrol shall securely affix or inscribe a marking at the
driver's door latch pillar indicating that the vehicle has previously been destroyed or declared a total loss.
(3) It is a class C felony for a person to remove the marking prescribed in subsection (2) of this section.
(4) The department may adopt rules as necessary to
implement this section. [1996 c 26 § 3; 1995 c 256 § 24.]
46.12.080
46.12.080 Procedure on installation of different
motor—Penalty. Any person holding the certificate of ownership for a motorcycle or any vehicle registered by its motor
number in which there has been installed a new or different
motor than that with which it was issued certificates of ownership and license registration shall forthwith and within five
days after such installation forward and surrender such certif(2004 Ed.)
Certificates of Ownership and Registration
icates to the department, together with an application for
issue of corrected certificates of ownership and license registration and a fee of five dollars, and a statement of the disposition of the former motor. The possession by any person of
any such certificates for such vehicle in which a new or different motor has been installed, after five days following such
installation, shall be prima facie evidence of a violation of the
provisions of this chapter and shall constitute a misdemeanor.
[2002 c 352 § 4; 1997 c 241 § 4; 1979 ex.s. c 113 § 1; 1961 c
12 § 46.12.080. Prior: 1959 c 166 § 5; prior: 1951 c 269 § 3;
1947 c 164 § 3(c); 1939 c 182 § 1(c); 1937 c 188 § 5(c); Rem.
Supp. 1947 § 6312-5(c).]
Effective dates—2002 c 352: See note following RCW 46.09.070.
46.12.095
46.12.095 Requirements for perfecting security
interest. A security interest in a vehicle other than one held
as inventory by a manufacturer or a dealer and for which a
certificate of ownership is required is perfected only by compliance with the requirements of RCW 46.12.103 under the
circumstances provided for therein or by compliance with the
requirements of this section:
(1) A security interest is perfected by the department's
receipt of: (a) The existing certificate, if any, and (b) an
application for a certificate of ownership containing the name
and address of the secured party, and (c) tender of the
required fee.
(2) A security interest is perfected as of the time of its
creation if the secured party's name and address appear on the
outstanding certificate of ownership; otherwise, as of the date
on which the department has received the papers and fee
required in subsection (1) of this section.
(3) If a vehicle is subject to a security interest when
brought into this state, perfection of the security interest is
determined by the law of the jurisdiction where the vehicle
was when the security interest was attached, subject to the
following:
(a) If the security interest was perfected under the law of
the jurisdiction where the vehicle was when the security
interest was attached, the following rules apply:
(b) If the name of the secured party is shown on the existing certificate of ownership issued by that jurisdiction, the
security interest continues perfected in this state. The name of
the secured party shall be shown on the certificate of ownership issued for the vehicle by this state. The security interest
continues perfected in this state upon the issuance of such
ownership certificate.
(c) If the security interest was not perfected under the
law of the jurisdiction where the vehicle was when the security interest was attached, it may be perfected in this state; in
that case, perfection dates from the time of perfection in this
state. [2000 c 250 § 9A-822; 1998 c 203 § 10; 1969 ex.s. c
170 § 16; 1967 c 140 § 6.]
Effective date—2000 c 250: See RCW 62A.9A-701.
Finding—1998 c 203: See note following RCW 46.55.105.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.12.101
46.12.101 Transfer of ownership—Requirements—
Penalty, exceptions. A transfer of ownership in a motor
(2004 Ed.)
46.12.101
vehicle is perfected by compliance with the requirements of
this section.
(1) If an owner transfers his or her interest in a vehicle,
other than by the creation, deletion, or change of a security
interest, the owner shall, at the time of the delivery of the
vehicle, execute an assignment to the transferee and provide
an odometer disclosure statement under RCW 46.12.124 on
the certificate of ownership or as the department otherwise
prescribes, and cause the certificate and assignment to be
transmitted to the transferee. The owner shall notify the
department or its agents or subagents, in writing, on the
appropriate form, of the date of the sale or transfer, the name
and address of the owner and of the transferee, the transferee's driver's license number if available, and such description of the vehicle, including the vehicle identification number, as may be required in the appropriate form provided or
approved for that purpose by the department. The report of
sale will be deemed properly filed if all information required
in this section is provided on the form and includes a department-authorized notation that the document was received by
the department, its agents, or subagents on or before the fifth
day after the sale of the vehicle, excluding Saturdays, Sundays, and state and federal holidays. Agents and subagents
shall immediately electronically transmit the seller's report of
sale to the department. Reports of sale processed and
recorded by the department's agents or subagents may be subject to fees as specified in RCW 46.01.140 (4)(a) or (5)(b).
By January 1, 2003, the department shall create a system
enabling the seller of a vehicle to transmit the report of sale
electronically. The system created by the department must
immediately indicate on the department's vehicle record that
a seller's report of sale has been filed.
(2) The requirements of subsection (1) of this section to
provide an odometer disclosure statement apply to the transfer of vehicles held for lease when transferred to a lessee and
then to the lessor at the end of the leasehold and to vehicles
held in a fleet when transferred to a purchaser.
(3) Except as provided in RCW 46.70.122 the transferee
shall within fifteen days after delivery to the transferee of the
vehicle, execute the application for a new certificate of ownership in the same space provided therefor on the certificate
or as the department prescribes, and cause the certificates and
application to be transmitted to the department accompanied
by a fee of five dollars in addition to any other fees required.
(4) Upon request of the owner or transferee, a secured
party in possession of the certificate of ownership shall,
unless the transfer was a breach of its security agreement,
either deliver the certificate to the transferee for transmission
to the department or, when the secured party receives the
owner's assignment from the transferee, it shall transmit the
transferee's application for a new certificate, the existing certificate, and the required fee to the department. Compliance
with this section does not affect the rights of the secured
party.
(5) If a security interest is reserved or created at the time
of the transfer, the certificate of ownership shall be retained
by or delivered to the person who becomes the secured party,
and the parties shall comply with the provisions of RCW
46.12.170.
(6) If the purchaser or transferee fails or neglects to make
application to transfer the certificate of ownership and license
[Title 46 RCW—page 37]
46.12.102
Title 46 RCW: Motor Vehicles
registration within fifteen days after the date of delivery of
the vehicle, he or she shall on making application for transfer
be assessed a twenty-five dollar penalty on the sixteenth day
and two dollars additional for each day thereafter, but not to
exceed one hundred dollars. The director may by rule establish conditions under which the penalty will not be assessed
when an application for transfer is delayed for reasons
beyond the control of the purchaser. Conditions for not
assessing the penalty may be established for but not limited to
delays caused by:
(a) The department requesting additional supporting
documents;
(b) Extended hospitalization or illness of the purchaser;
(c) Failure of a legal owner to release his or her interest;
(d) Failure, negligence, or nonperformance of the department, auditor, or subagent.
Failure or neglect to make application to transfer the certificate of ownership and license registration within forty-five
days after the date of delivery of the vehicle is a misdemeanor.
(7) Upon receipt of an application for reissue or replacement of a certificate of ownership and transfer of license registration, accompanied by the endorsed certificate of ownership or other documentary evidence as is deemed necessary,
the department shall, if the application is in order and if all
provisions relating to the certificate of ownership and license
registration have been complied with, issue new certificates
of title and license registration as in the case of an original
issue and shall transmit the fees together with an itemized
detailed report to the state treasurer.
(8) Once each quarter the department shall report to the
department of revenue a list of those vehicles for which a
seller's report has been received but no transfer of title has
taken place. [2004 c 223 § 1; 2004 c 200 § 2; 2003 c 264 § 7;
2002 c 279 § 1; 1998 c 203 § 11; 1991 c 339 § 19; 1990 c 238
§ 4; 1987 c 127 § 1; 1984 c 39 § 1; 1972 ex.s. c 99 § 1; 1969
ex.s. c 281 § 38; 1969 ex.s. c 42 § 1; 1967 c 140 § 7.]
Reviser's note: This section was amended by 2004 c 200 § 2 and by
2004 c 223 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2004 c 200: See note following RCW 46.12.040.
Finding—1998 c 203: See note following RCW 46.55.105.
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.12.102
46.12.102 Release of owner from liability, requirements for. (1) An owner who has made a bona fide sale or
transfer of a vehicle and has delivered possession of it to a
purchaser shall not by reason of any of the provisions of this
title be deemed the owner of the vehicle so as to be subject to
civil liability or criminal liability for the operation of the
vehicle thereafter by another person when the owner has also
fulfilled both of the following requirements:
(a) When the owner has made proper endorsement and
delivery of the certificate of ownership and has delivered the
certificate of registration as provided in this chapter;
(b) When the owner has delivered to the department
either a properly filed report of sale that includes all of the
[Title 46 RCW—page 38]
information required in RCW 46.12.101(1) and is delivered
to the department within five days of the sale of the vehicle
excluding Saturdays, Sundays, and state and federal holidays,
or appropriate documents for registration of the vehicle pursuant to the sale or transfer.
(2) When a registered tow truck operator submits an
abandoned vehicle report to the department for a vehicle sold
at an abandoned vehicle auction, any previous owner is
relieved of civil or criminal liability for the operation of the
vehicle from the date of sale thereafter, and liability is transferred to the purchaser of the vehicle as listed on the abandoned vehicle report. [2002 c 279 § 2; 1984 c 39 § 2.]
46.12.103 Transitional ownership record. (1) The
purpose of a transitional ownership record is to enable a security interest in a motor vehicle to be perfected in a timely
manner when the certificate of ownership is not available at
the time the security interest is created, and to provide for
timely notification to security interest holders under chapter
46.55 RCW.
(2) A transitional ownership record is only acceptable as
an ownership record for vehicles currently stored on the
department's computer system and if the certificate of ownership or other authorized proof of ownership for the motor
vehicle is not in the possession of the selling vehicle dealer or
new security interest holder at the time the transitional ownership record is submitted to the department.
(3) A person shall submit the transitional ownership
record to the department or to any of its agents or subagents.
Agents and subagents shall immediately electronically transmit the transitional ownership records to the department. A
transitional ownership document processed and recorded by
an agent or subagent may be subject to fees as specified in
RCW 46.01.140 (4)(a) or (5)(b).
(4) "Transitional ownership record" means a record containing all of the following information:
(a) The date of sale;
(b) The name and address of each owner of the vehicle;
(c) The name and address of each security interest
holder;
(d) If there are multiple security interest holders, the priorities of interest if the security interest holders do not jointly
hold a single security interest;
(e) The vehicle identification number, the license plate
number, if any, the year, make, and model of the vehicle;
(f) The name of the selling dealer or security interest
holder who is submitting the transitional ownership record;
and
(g) The transferee's driver's license number, if available.
(5) The report of sale form prescribed or approved by the
department under RCW 46.12.101 may be used by a vehicle
dealer as the transitional ownership record.
(6) Compliance with the requirements of this section
shall result in perfection of a security interest in the vehicle as
of the date the department receives the transitional ownership
record and any fee required under subsection (3) of this section. Within ten days of receipt of the certificate of ownership
for the vehicle, or of written confirmation that only an electronic record of ownership exists or that the certificate of
ownership has been lost or destroyed, the selling dealer or
new security interest holder shall promptly submit the same
46.12.103
(2004 Ed.)
Certificates of Ownership and Registration
to the department together with an application for a new certificate of ownership containing the name and address of the
secured party and tender the required fee as provided in RCW
46.12.095(1). In the event a secured party fails to submit an
application within the ten-day time period provided in this
subsection (6), its security interest shall become unperfected,
unless the security interest is perfected otherwise. [2000 c
250 § 9A-823; 1998 c 203 § 12.]
Effective date—2000 c 250: See RCW 62A.9A-701.
Finding—1998 c 203: See note following RCW 46.55.105.
46.12.105 Transfer of ownership of mobile home,
county assessor notified—Evidence of taxes paid. When
the ownership of a mobile home is transferred and the new
owner thereof applies for a new certificate of ownership for
such mobile home, the department of licensing or its agents,
including county auditors, shall notify the county assessor of
the county where such mobile home is located of the change
in ownership including the name and address of the new
owner and the name of the former owner. A certificate of
ownership for a mobile home shall not be transferred or
issued until the department has verified that any taxes due on
the sale of the mobile home under *chapter 82.45 RCW and
any other taxes due under chapter 84.52 RCW have been
paid.
A copy of the real estate excise tax affidavit which has
been stamped by the county treasurer shall be deemed sufficient evidence that the taxes due upon the sale of a used
mobile home have been paid.
A copy of a treasurer certificate, which is prepared by the
treasurer of the county in which the used mobile home is
located and which states that all property taxes due upon the
used mobile home being sold have been satisfied, shall be
deemed sufficient evidence that the property taxes due have
been paid. [1979 ex.s. c 266 § 5; 1979 c 158 § 133; 1971 ex.s.
c 231 § 13.]
46.12.105
*Reviser's note: This reference has been changed from chapter 28A.45
RCW to chapter 82.45 RCW in accordance with 1981 c 148 § 13 and 1981 c
93 § 2. See note following RCW 82.45.010.
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.12.124 Odometer disclosure statement. (1) The
department shall require an odometer disclosure statement to
accompany every application for a certificate of ownership,
unless specifically exempted. If the certificate of ownership
was issued after April 30, 1990, a secure odometer statement
is required, unless specifically exempted. The statements
shall include, at a minimum, the following:
(a) The miles shown on the odometer at the time of transfer of ownership;
(b) The date of transfer of ownership;
(c) One of the following statements:
(i) The mileage reflected is actual to the best of transferor's knowledge;
(ii) The odometer reading exceeds the mechanical limits
of the odometer to the best of the transferor's knowledge; or
(iii) The odometer reading is not the actual mileage;
If the odometer reading is under one hundred thousand
miles, the only options that can be certified are "actual to the
best of the transferor's knowledge" or "not the actual mileage." If the odometer reading is one hundred thousand miles
46.12.130
or more, the options "actual to the best of the transferor's
knowledge" or "not the actual mileage" cannot be used unless
the odometer has six digit capability;
(d) A complete description of the vehicle, including the:
(i) Model year;
(ii) Make;
(iii) Series and body type (model);
(iv) Vehicle identification number;
(v) License plate number and state (optional);
(e) The name, address, and signature of the transferor, in
accordance with the following conditions:
(i) Only one registered owner is required to complete the
odometer disclosure statement;
(ii) When the registered owner is a business, both the
business name and a company representative's name must be
shown on the odometer disclosure statement;
(f) The name and address of the transferee and the transferee's signature to acknowledge the transferor's information.
If the transferee represents a company, both the company
name and the agent's name must be shown on the odometer
disclosure statement;
(g) A statement that the notice is required by the federal
Truth in Mileage Act of 1986; and
(h) A statement that failure to complete the odometer
disclosure statement or providing false information may
result in fines or imprisonment or both.
(2) The transferee shall return a signed copy of the
odometer disclosure statement to the transferor at the time of
transfer of ownership.
(3) The following vehicles are not subject to the odometer disclosure requirement at the time of ownership transfer:
(a) A vehicle having a declared gross vehicle weight of
more than sixteen thousand pounds;
(b) A vehicle that is not self-propelled;
(c) A vehicle that is ten years old or older;
(d) A vehicle sold directly by a manufacturer to a federal
agency in conformity with contract specifications; or
(e) A new vehicle before its first retail sale. [1990 c 238
§ 6.]
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
46.12.124
(2004 Ed.)
46.12.130 Assigned certificate of ownership to be
filed by department—Transfer of interest in vehicle. Certificates of ownership when assigned and returned to the
department, together with subsequently assigned reissues
thereof, shall be retained by the department and appropriately
filed and indexed so that at all times it will be possible to
trace ownership to the vehicle designated therein:
(1) If the interest of an owner in a vehicle passes to
another, other than by voluntary transfer, the transferee shall,
except as provided in subsection (3) of this section, promptly
mail or deliver to the department the last certificate of ownership if available, proof of transfer, and his application for a
new certificate in the form the department prescribes.
(2) If the interest of the owner is terminated or the vehicle is sold under a security agreement by a secured party
named in the certificate of ownership, the transferee shall
promptly mail or deliver to the department the last certificate
of ownership, his application for a new certificate in the form
the department prescribes, and an affidavit made by or on the
46.12.130
[Title 46 RCW—page 39]
46.12.151
Title 46 RCW: Motor Vehicles
behalf of the secured party that the vehicle was repossessed
and that the interest of the owner was lawfully terminated or
sold pursuant to the terms of the security agreement.
(3) If the secured party succeeds to the interest of the
owner and holds the vehicle for resale, he need not secure a
new certificate of ownership but, upon transfer to another
person, shall promptly mail or deliver to the transferee or to
the department the certificate, affidavit and other documents
(and articles) required to be sent to the department by the
transferee. [1967 c 140 § 3; 1961 c 12 § 46.12.130. Prior:
1959 c 166 § 11; prior: 1947 c 164 § 4(d); 1937 c 188 § 6(d);
Rem. Supp. 1947 § 6312-6(d).]
Effective date—1967 c 140: See note following RCW 46.12.010.
ing certificate of ownership. Notice of cancellation may be
accomplished by sending a notice by first class mail using the
last known address in department records for the registered or
legal vehicle owner or owners, and recording the transmittal
on an affidavit of first class mail. It shall then be unlawful for
any person to remove, drive, or operate the vehicle until a
proper certificate of ownership or license registration has
been issued, and any person removing, driving, or operating
such vehicle after the refusal of the department to issue certificates or the revocation thereof shall be guilty of a gross misdemeanor. [1994 c 262 § 5; 1975 c 25 § 12; 1961 c 12 §
46.12.160. Prior: 1959 c 166 § 14; prior: 1947 c 164 § 4(g);
1937 c 188 § 6(g); Rem. Supp. 1947 § 6312-6(g).]
Definitions: RCW 46.12.005.
46.12.170
46.12.151
46.12.151 Procedure when department unsatisfied as
to ownership and security interests. If the department is
not satisfied as to the ownership of the vehicle or that there
are no undisclosed security interests in it, the department may
register the vehicle but shall either:
(1) Withhold issuance of a certificate of ownership for a
period of three years or until the applicant presents documents reasonably sufficient to satisfy the department as to the
applicant's ownership of the vehicle and that there are no
undisclosed security interests in it; or
(2) As a condition of issuing a certificate of ownership,
require the applicant to file with the department a bond for a
period of three years in the form prescribed by the department
and executed by the applicant. The bond shall be in an
amount equal to one and one-half times the value of the vehicle as determined by the department and conditioned to
indemnify any prior owner and secured party and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest,
against any expense, loss or damage, including reasonable
attorney's fees, by reason of the issuance of the certificate of
ownership of the vehicle or on account of any defect in or
undisclosed security interest upon the right, title and interest
of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach
of its conditions, but the aggregate liability of the surety to all
persons shall not exceed the amount of the bond. At the end
of three years or prior thereto if the vehicle is no longer registered in this state or when satisfactory evidence of ownership is surrendered to the department, the owner may apply to
the department for a replacement certificate of ownership
without reference to the bond. [1990 c 250 § 30; 1967 c 140
§ 9.]
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.12.160
46.12.160 Refusal or cancellation of certificate—
Notice—Penalty for subsequent operation. If the department determines at any time that an applicant for certificate
of ownership or for a certificate of license registration for a
vehicle is not entitled thereto, the department may refuse to
issue such certificate or to license the vehicle and may, for
like reason, after notice, and in the exercise of discretion,
cancel license registration already acquired or any outstand[Title 46 RCW—page 40]
46.12.170 Procedure when security interest is
granted on vehicle. If, after a certificate of ownership is
issued, a security interest is granted on the vehicle described
therein, the registered owner or secured party shall, within
ten days thereafter, present an application to the department,
to which shall be attached the certificate of ownership last
issued covering the vehicle, or such other documentation as
may be required by the department, which application shall
be upon a form approved by the department and shall be
accompanied by a fee of five dollars in addition to all other
fees. The department, if satisfied that there should be a reissue of the certificate, shall note such change upon the vehicle
records and issue to the secured party a new certificate of
ownership.
Whenever there is no outstanding secured obligation and
no commitment to make advances and incur obligations or
otherwise give value, the secured party must assign the certificate of ownership to the debtor or the debtor's assignee or
transferee, and transmit the certificate to the department with
an accompanying fee of five dollars in addition to all other
fees. The department shall then issue a new certificate of
ownership and transmit it to the owner. If the affected
secured party fails to either assign the certificate of ownership to the debtor or the debtor's assignee or transferee or
transmit the certificate of ownership to the department within
ten days after proper demand, that secured party shall be liable to the debtor or the debtor's assignee or transferee for one
hundred dollars, and in addition for any loss caused to the
debtor or the debtor's assignee or transferee by such failure.
[2002 c 352 § 5. Prior: 1997 c 432 § 5; 1997 c 241 § 5; 1994
c 262 § 6; 1979 ex.s. c 113 § 2; 1975 c 25 § 13; 1967 c 140 §
4; 1961 c 12 § 46.12.170; prior: 1951 c 269 § 4; 1947 c 164
§ 5; 1939 c 182 § 2; 1937 c 188 § 7; Rem. Supp. 1947 § 63127.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.12.181
46.12.181 Duplicate for lost, stolen, mutilated, etc.,
certificates. If a certificate of ownership is lost, stolen, mutilated, or destroyed or becomes illegible, the first priority
secured party or, if none, the owner or legal representative of
the owner named in the certificate, as shown by the records of
the department, shall promptly make application for and may
obtain a duplicate upon tender of five dollars in addition to all
other fees and upon furnishing information satisfactory to the
(2004 Ed.)
Certificates of Ownership and Registration
department. The duplicate certificate of ownership shall contain the legend, "duplicate." It shall be provided to the first
priority secured party named in it or, if none, to the owner.
A person recovering an original certificate of ownership
for which a duplicate has been issued shall promptly surrender the original certificate to the department. [2002 c 352 §
6; 1997 c 241 § 7; 1994 c 262 § 7; 1990 c 250 § 31; 1969 ex.s.
c 170 § 1; 1967 c 140 § 8.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.12.240
46.12.220
46.12.220 Alteration or forgery—Penalty. Any person who alters or forges or causes to be altered or forged any
certificate issued by the director pursuant to the provisions of
this chapter, or any assignment thereof, or any release or
notice of release of any encumbrance referred to therein, or
who shall hold or use any such certificate or assignment, or
release or notice of release, knowing the same to have been
altered or forged, is guilty of a class B felony punishable
according to chapter 9A.20 RCW. [2003 c 53 § 237; 1967 c
32 § 12; 1961 c 12 § 46.12.220. Prior: 1937 c 188 § 13; RRS
§ 6312-13.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.12.190
46.12.190 Legal owner not liable for acts of registered owner. The person, firm, copartnership, association or
corporation to whom a certificate of ownership shall have
been issued shall not thereby incur liability or be responsible
for damage, or otherwise, resulting from any act or contract
made by the registered owner or by any other person acting
for, or by or under the authority of such registered owner.
[1961 c 12 § 46.12.190. Prior: 1937 c 188 § 10, part; RRS §
6312-10, part.]
46.12.200
46.12.200 State or director not liable for acts in
administering chapter. No suit or action shall ever be commenced or prosecuted against the director of licensing or the
state of Washington by reason of any act done or omitted to
be done in the administration of the duties and responsibilities imposed upon the director under this chapter. [1979 c
158 § 134; 1967 c 32 § 11; 1961 c 12 § 46.12.200. Prior:
1937 c 188 § 10, part; RRS § 6312-10, part.]
46.12.210
46.12.210 Penalty for false statements or illegal
transfers. Any person who knowingly makes any false statement of a material fact, either in his or her application for the
certificate of ownership or in any assignment thereof, or who
with intent to procure or pass ownership to a vehicle which he
or she knows or has reason to believe has been stolen,
receives or transfers possession of the same from or to
another or who has in his or her possession any vehicle which
he or she knows or has reason to believe has been stolen, and
who is not an officer of the law engaged at the time in the performance of his or her duty as such officer, is guilty of a class
B felony and upon conviction shall be punished by a fine of
not more than five thousand dollars or by imprisonment for
not more than ten years, or both such fine and imprisonment.
This provision shall not exclude any other offenses or penalties prescribed by any existing or future law for the larceny or
unauthorized taking of a motor vehicle. [2003 c 53 § 236;
1961 c 12 § 46.12.210. Prior: 1937 c 188 § 12; RRS § 631212.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.12.215
46.12.215 Unlawful sale of certificate of ownership.
It is a class C felony for a person to sell or convey a vehicle
certificate of ownership except in conjunction with the sale or
transfer of the vehicle for which the certificate was originally
issued. [1995 c 256 § 1.]
(2004 Ed.)
46.12.230
46.12.230 Permit to licensed wrecker to junk vehicle—Fee. Any licensed wrecker in possession of a motor
vehicle ten years old or older, and ownership of which or
whose owner's residence is unknown, may apply to the
department for a permit to junk or wreck such motor vehicle,
or any part thereof. Upon such application, a permit may be
issued by the department, upon receipt of a fee of one dollar,
in a form to be prescribed by the department to authorize such
wrecker to wreck or junk such vehicle, or any part thereof.
[1975 c 25 § 14; 1967 c 32 § 13; 1961 c 12 § 46.12.230. Prior:
1957 c 273 § 12.]
46.12.240
46.12.240 Appeals to superior court from suspension,
revocation, cancellation, or refusal of license or certificate. (1) The suspension, revocation, cancellation, or refusal
by the director of any license or certificate provided for in
chapters 46.12 and 46.16 RCW is conclusive unless the person whose license or certificate is suspended, revoked, canceled, or refused appeals to the superior court of Thurston
county, or at his option to the superior court of the county of
his residence, for the purpose of having the suspension, revocation, cancellation, or refusal of the license or certificate set
aside. Notice of appeal must be filed within ten days after
receipt of the notice of suspension, revocation, cancellation,
or refusal. Upon the filing of the notice of appeal the court
shall issue an order to the director to show cause why the
license should not be granted or reinstated, which order shall
be returnable not less than ten days after the date of service
thereof upon the director. Service shall be in the manner prescribed for service of summons and complaint in other civil
actions. Upon the hearing on the order to show cause, the
court shall hear evidence concerning matters with reference
to the suspension, revocation, cancellation, or refusal of the
license or certificate and shall enter judgment either affirming or setting aside the suspension, revocation, cancellation,
or refusal.
(2) This section does not apply to vehicle registration
cancellations under *RCW 46.16.710 through 46.16.760.
[1987 c 388 § 8; 1965 ex.s. c 121 § 42; 1961 c 12 § 46.20.340.
Prior: 1953 c 23 § 2; 1937 c 188 § 74; RRS § 6312-74. Formerly RCW 46.20.340.]
*Reviser's note: RCW 46.16.710 through 46.16.760 expired July 1,
1993.
Effective date—Severability—1987 c 388: See notes following RCW
46.20.342.
[Title 46 RCW—page 41]
46.12.250
Title 46 RCW: Motor Vehicles
46.12.250
46.12.250 Ownership of motor vehicle by person
under eighteen prohibited—Exceptions. It shall be unlawful for any person under the age of eighteen to be the registered or legal owner of any motor vehicle: PROVIDED, That
RCW 46.12.250 through 46.12.270 shall not apply to any
person who is on active duty in the United States armed
forces nor to any minor who is in effect emancipated: PROVIDED further, That RCW 46.12.250 through 46.12.270
shall not apply to any person who is the registered owner of a
motor vehicle prior to August 11, 1969 or who became the
registered or legal owner of a motor vehicle while a nonresident of this state. [1969 ex.s. c 125 § 1.]
46.12.260
46.12.260 Sale or transfer of motor vehicle ownership to person under eighteen prohibited. It shall be
unlawful for any person to convey, sell or transfer the ownership of any motor vehicle to any person under the age of eighteen: PROVIDED, That this section shall not apply to a vendor if the minor provides the vendor with a certified copy of
an original birth registration showing the minor to be over
eighteen years of age. Such certified copy shall be transmitted to the department of licensing by the vendor with the
application for title to said motor vehicle. [1979 c 158 § 135;
1969 ex.s. c 125 § 2.]
46.12.270
46.12.270 Penalty for violation of RCW 46.12.250 or
46.12.260. Any person violating RCW 46.12.250 or
46.12.260 or who transfers, sells, or encumbers an interest in
a vehicle in violation of RCW 46.61.5058, with actual notice
of the prohibition, is guilty of a misdemeanor and shall be
punished by a fine of not more than two hundred fifty dollars
or by imprisonment in a county jail for not more than ninety
days. [1994 c 139 § 2; 1993 c 487 § 6; 1969 ex.s. c 125 § 3.]
46.12.280
46.12.280 Campers—Application to—Rules and regulations. The provisions of chapter 46.12 RCW concerning
the registration and titling of vehicles, and the perfection of
security interests therein shall apply to campers, as defined in
RCW 46.04.085. In addition, the director of licensing shall
have the power to adopt such rules and regulations he deems
necessary to implement the registration and titling of campers
and the perfection of security interests therein. [1979 c 158 §
136; 1971 ex.s. c 231 § 6.]
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.12.290
46.12.290 Mobile or manufactured homes, application of chapter to—Rules. (1) The provisions of chapter
46.12 RCW insofar as they are not inconsistent with the provisions of chapter 231, Laws of 1971 ex. sess. or chapter
65.20 RCW apply to mobile or manufactured homes: PROVIDED, That RCW 46.12.080 and 46.12.250 through
46.12.270 shall not apply to mobile or manufactured homes.
(2) In order to transfer ownership of a mobile home, all
registered owners of record must sign the title certificate
releasing their ownership.
(3) The director of licensing shall have the power to
adopt such rules as necessary to implement the provisions of
this chapter relating to mobile homes. [1993 c 154 § 2. Prior:
1989 c 343 § 20; 1989 c 337 § 4; 1981 c 304 § 2; 1979 c 158
§ 137; 1971 ex.s. c 231 § 14.]
[Title 46 RCW—page 42]
Severability—Effective date—1989 c 343: See RCW 65.20.940 and
65.20.950.
Severability—1981 c 304: See note following RCW 26.16.030.
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.12.295
46.12.295 Mobile homes—Titling functions transferred to department of community, trade, and economic
development. The department of licensing shall transfer all
titling functions pertaining to mobile homes to the housing
division of the department of community, trade, and economic development by July 1, 1991. The department of
licensing shall transfer all books, records, files, and documents pertaining to mobile home titling to the department of
community, trade, and economic development. The directors
of the departments may immediately take such steps as are
necessary to ensure that chapter 176, Laws of 1990 is implemented on June 7, 1990. [1995 c 399 § 117; 1990 c 176 § 3.]
Department of community, trade, and economic development duties: RCW
43.63A.460.
46.12.300
46.12.300 Serial numbers on vehicles, watercraft,
campers, or parts—Buying, selling, etc., with numbers
removed, altered, etc.—Penalty. Whoever knowingly
buys, sells, receives, disposes of, conceals, or has knowingly
in his possession any vehicle, watercraft, camper, or component part thereof, from which the manufacturer's serial number or any other distinguishing number or identification mark
has been removed, defaced, covered, altered, or destroyed for
the purpose of concealment or misrepresenting the identity of
the said vehicle, watercraft, camper, or component part
thereof shall be guilty of a gross misdemeanor. [1975-'76
2nd ex.s. c 91 § 1.]
Severability—1975-'76 2nd ex.s. c 91: "If any provision of this act, or
its application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1975-'76 2nd ex.s. c 91 § 10.]
Effective date—1975-'76 2nd ex.s. c 91: "This act shall take effect on
July 1, 1976." [1975-'76 2nd ex.s. c 91 § 11.]
46.12.310
46.12.310 Serial numbers—Seizure and impoundment of vehicles, etc.—Notice to interested persons—
Release to owner, etc. (1) Any vehicle, watercraft, camper,
or any component part thereof, from which the manufacturer's serial number or any other distinguishing number or
identification mark has been removed, defaced, covered,
altered, obliterated, or destroyed, may be impounded and
held by the seizing law enforcement agency for the purpose
of conducting an investigation to determine the identity of the
article or articles, and to determine whether it had been
reported stolen.
(2) Within five days of the impounding of any vehicle,
watercraft, camper, or component part thereof, the law
enforcement agency seizing the article or articles shall send
written notice of such impoundment by certified mail to all
persons known to the agency as claiming an interest in the
article or articles. The seizing agency shall exercise reasonable diligence in ascertaining the names and addresses of
those persons claiming an interest in the article or articles.
Such notice shall advise the person of the fact of seizure, the
possible disposition of the article or articles, the requirement
of filing a written claim requesting notification of potential
(2004 Ed.)
Certificates of Ownership and Registration
disposition, and the right of the person to request a hearing to
establish a claim of ownership. Within five days of receiving
notice of other persons claiming an interest in the article or
articles, the seizing agency shall send a like notice to each
such person.
(3) If reported as stolen, the seizing law enforcement
agency shall promptly release such vehicle, watercraft,
camper, or parts thereof as have been stolen, to the person
who is the lawful owner or the lawful successor in interest,
upon receiving proof that such person presently owns or has
a lawful right to the possession of the article or articles.
[1995 c 256 § 2; 1975-'76 2nd ex.s. c 91 § 2.]
Severability—Effective date—1975-'76 2nd ex.s. c 91: See notes following RCW 46.12.300.
46.12.320
46.12.320 Serial numbers—Disposition of vehicles,
etc., authorized, when. Unless a claim of ownership to the
article or articles is established pursuant to RCW 46.12.330,
the law enforcement agency seizing the vehicle, watercraft,
camper, or component part thereof may dispose of them by
destruction, by selling at public auction to the highest bidder,
or by holding the article or articles for the official use of the
agency, when:
(1) The true identity of the article or articles cannot be
established by restoring the original manufacturer's serial
number or other distinguishing numbers or identification
marks or by any other means;
(2) After the true identity of the article or articles has
been established, the seizing law enforcement agency cannot
locate the person who is the lawful owner or if such lawful
owner or his successor in interest fails to claim the article or
articles within forty-five days after receiving notice from the
seizing law enforcement agency that the article or articles is
in its possession.
No disposition of the article or articles pursuant to this
section shall be undertaken until at least sixty days have
elapsed from the date of seizure and written notice of the
right to a hearing to establish a claim of ownership pursuant
to RCW 46.12.330 and of the potential disposition of the article or articles shall have first been served upon the person
who held possession or custody of the article when it was
impounded and upon any other person who, prior to the final
disposition of the article, has notified the seizing law enforcement agency in writing of a claim to ownership or lawful
right to possession thereof. [1975-'76 2nd ex.s. c 91 § 3.]
Severability—Effective date—1975-'76 2nd ex.s. c 91: See notes following RCW 46.12.300.
46.12.330
46.12.330 Serial numbers—Hearing—Appeal—
Removal to court—Release. (1) Any person may submit a
written request for a hearing to establish a claim of ownership
or right to lawful possession of the vehicle, watercraft,
camper, or component part thereof seized pursuant to this
section.
(2) Upon receipt of a request for hearing, one shall be
held before the chief law enforcement officer of the seizing
agency or an administrative law judge appointed under chapter 34.12 RCW.
(3) Such hearing shall be held within a reasonable time
after receipt of a request therefor. Reasonable investigative
activities, including efforts to establish the identity of the arti(2004 Ed.)
46.12.370
cle or articles and the identity of the person entitled to the
lawful possession or custody of the article or articles shall be
considered in determining the reasonableness of the time
within which a hearing must be held.
(4) The hearing and any appeal therefrom shall be conducted in accordance with Title 34 RCW.
(5) The burden of producing evidence shall be upon the
person claiming to be the lawful owner or to have the lawful
right of possession to the article or articles.
(6) Any person claiming ownership or right to possession of an article or articles subject to disposition under RCW
46.12.310 through 46.12.340 may remove the matter to a
court of competent jurisdiction if the aggregate value of the
article or articles involved is two hundred dollars or more. In
a court hearing between two or more claimants to the article
or articles involved, the prevailing party shall be entitled to
judgment for costs and reasonable attorney's fees. For purposes of this section the seizing law enforcement agency
shall not be considered a claimant.
(7) The seizing law enforcement agency shall promptly
release the article or articles to the claimant upon a determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession thereof. [1981 c 67 § 27; 1975-'76 2nd ex.s. c 91 § 4.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
Severability—Effective date—1975-'76 2nd ex.s. c 91: See notes following RCW 46.12.300.
46.12.340
46.12.340 Serial numbers—Release of vehicle, etc.
The seizing law enforcement agency may release the article
or articles impounded pursuant to this section to the person
claiming ownership without a hearing pursuant to RCW
46.12.330 when such law enforcement agency is satisfied
after an appropriate investigation as to the claimant's right to
lawful possession. If no hearing is contemplated as provided
for in RCW 46.12.330 such release shall be within a reasonable time following seizure. Reasonable investigative activity, including efforts to establish the identity of the article or
articles and the identity of the person entitled to lawful possession or custody of the article or articles shall be considered
in determining the reasonableness of the time in which
release must be made. [1975-'76 2nd ex.s. c 91 § 5.]
Severability—Effective date—1975-'76 2nd ex.s. c 91: See notes following RCW 46.12.300.
46.12.350
46.12.350 Assignment of new serial number. An
identification number shall be assigned to any article
impounded pursuant to RCW 46.12.310 in accordance with
the rules promulgated by the department of licensing prior to:
(1) The release of the article from the custody of the seizing agency; or
(2) The use of the article by the seizing agency. [1979 c
158 § 138; 1975-'76 2nd ex.s. c 91 § 6.]
Severability—Effective date—1975-'76 2nd ex.s. c 91: See notes following RCW 46.12.300.
46.12.370
46.12.370 Lists of registered and legal owners of
vehicles—Furnished for certain purposes—Penalty for
unauthorized use. In addition to any other authority which
it may have, the department of licensing may furnish lists of
[Title 46 RCW—page 43]
46.12.380
Title 46 RCW: Motor Vehicles
registered and legal owners of motor vehicles only for the
purposes specified in this section to:
(1) The manufacturers of motor vehicles, or their authorized agents, to be used to enable those manufacturers to
carry out the provisions of the National Traffic and Motor
Vehicle Safety Act of 1966 (15 U.S.C. sec. 1382-1418),
including amendments or additions thereto, respecting
safety-related defects in motor vehicles;
(2) Any governmental agency of the United States or
Canada, or political subdivisions thereof, to be used by it or
by its authorized commercial agents or contractors only in
connection with the enforcement of motor vehicle or traffic
laws by, or programs related to traffic safety of, that government agency. Only such parts of the list as are required for
completion of the work required of the agent or contractor
shall be provided to such agent or contractor;
(3) A commercial parking company requiring the names
and addresses of registered owners to notify them of outstanding parking violations. Subject to the disclosure agreement provisions of RCW 46.12.380 and the requirements of
Executive Order 97-01, the department may provide only the
parts of the list that are required for completion of the work
required of the company;
(4) An authorized agent or contractor of the department,
to be used only in connection with providing motor vehicle
excise tax, licensing, title, and registration information to
motor vehicle dealers;
(5) Any business regularly making loans to other persons
to finance the purchase of motor vehicles, to be used to assist
the person requesting the list to determine ownership of specific vehicles for the purpose of determining whether or not
to provide such financing; or
(6) A company or its agents operating a toll facility
under chapter 47.46 RCW or other applicable authority
requiring the names, addresses, and vehicle information of
motor vehicle registered owners to identify toll violators.
If a list of registered and legal owners of motor vehicles
is used for any purpose other than that authorized in this section, the manufacturer, governmental agency, commercial
parking company, authorized agent, contractor, financial
institution, toll facility operator, or their authorized agents or
contractors responsible for the unauthorized disclosure or use
will be denied further access to such information by the
department of licensing. [2004 c 230 § 1. Prior: 1997 c 432
§ 6; 1997 c 33 § 1; 1982 c 215 § 1.]
46.12.380 Disclosure of names and addresses of individual vehicle owners. (1) Notwithstanding the provisions
of chapter 42.17 RCW, the name or address of an individual
vehicle owner shall not be released by the department, county
auditor, or agency or firm authorized by the department
except under the following circumstances:
(a) The requesting party is a business entity that requests
the information for use in the course of business;
(b) The request is a written request that is signed by the
person requesting disclosure that contains the full legal name
and address of the requesting party, that specifies the purpose
for which the information will be used; and
(c) The requesting party enters into a disclosure agreement with the department in which the party promises that the
party will use the information only for the purpose stated in
46.12.380
[Title 46 RCW—page 44]
the request for the information; and that the party does not
intend to use, or facilitate the use of, the information for the
purpose of making any unsolicited business contact with a
person named in the disclosed information. The term "unsolicited business contact" means a contact that is intended to
result in, or promote, the sale of any goods or services to a
person named in the disclosed information. The term does not
apply to situations where the requesting party and such person have been involved in a business transaction prior to the
date of the disclosure request and where the request is made
in connection with the transaction.
(2) The disclosing entity shall retain the request for disclosure for three years.
(3) Whenever the disclosing entity grants a request for
information under this section by an attorney or private
investigator, the disclosing entity shall provide notice to the
vehicle owner, to whom the information applies, that the
request has been granted. The notice also shall contain the
name and address of the requesting party.
(4) Any person who is furnished vehicle owner information under this section shall be responsible for assuring that
the information furnished is not used for a purpose contrary
to the agreement between the person and the department.
(5) This section shall not apply to requests for information by governmental entities or requests that may be granted
under any other provision of this title expressly authorizing
the disclosure of the names or addresses of vehicle owners.
(6) This section shall not apply to title history information under RCW 19.118.170. [1995 c 254 § 10; 1990 c 232 §
2; 1987 c 299 § 1; 1984 c 241 § 2.]
Effective date—Severability—1995 c 254: See notes following RCW
19.118.021.
Legislative finding and purpose—1990 c 232: "The legislature recognizes the extraordinary value of the vehicle title and registration records for
law enforcement and commerce within the state. The legislature also recognizes that indiscriminate release of the vehicle owner information to be an
infringement upon the rights of the owner and can subject owners to intrusions on their privacy. The purpose of this act is to limit the release of vehicle
owners' names and addresses while maintaining the availability of the vehicle records for the purposes of law enforcement and commerce." [1990 c
232 § 1.]
46.12.390
46.12.390 Disclosure violations, penalties. (1) The
department may review the activities of a person who
receives vehicle record information to ensure compliance
with the limitations imposed on the use of the information.
The department shall suspend or revoke for up to five years
the privilege of obtaining vehicle record information of a person found to be in violation of chapter 42.17 RCW, this chapter, or a disclosure agreement executed with the department.
(2) In addition to the penalty in subsection (1) of this section:
(a) The unauthorized disclosure of information from a
department vehicle record; or
(b) The use of a false representation to obtain information from the department's vehicle records; or
(c) The use of information obtained from the department
vehicle records for a purpose other than what is stated in the
request for information or in the disclosure agreement executed with the department; or
(2004 Ed.)
Certificates of Ownership and Registration
(d) The sale or other distribution of any vehicle owner
name or address to another person not disclosed in the request
or disclosure agreement
is a gross misdemeanor punishable by a fine not to exceed ten
thousand dollars, or by imprisonment in a county jail not to
exceed one year, or by both such fine and imprisonment for
each violation. [1990 c 232 § 3.]
Legislative finding and purpose—1990 c 232: See note following
RCW 46.12.380.
46.12.420
46.12.420 Street rod vehicles. The state patrol shall
inspect a street rod vehicle and assign a vehicle identification
number in accordance with this chapter.
A street rod vehicle shall be titled as the make and year
of the vehicle as originally manufactured. The title shall be
branded with the designation "street rod." [1996 c 225 § 6.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.12.430
46.12.430 Parts cars. The owner of a parts car must
possess proof of ownership for each such vehicle. [1996 c
225 § 7.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.12.440
46.12.440 Kit vehicles—Application for certificate of
ownership. The following procedures must be followed
when applying for a certificate of ownership for a kit vehicle:
(1) The vehicle identification number (VIN) of a new
vehicle kit and of a body kit will be taken from the manufacturer's certificate of origin belonging to that vehicle. If the
VIN is not available, the Washington state patrol shall assign
a VIN at the time of inspection.
(2) The model year of a manufactured new vehicle kit
and manufactured body kit is the year reflected on the manufacturer's certificate of origin.
(3) The make shall be listed as "KITV," and the series
and body designation must describe what the vehicle looks
like, i.e. Bradley GT, 57 MG, and must include the word
"replica."
(4) Except for kit vehicles licensed under RCW
46.16.680(5), kit vehicles must comply with chapter 204-90
WAC.
(5) The application for the certificate of ownership must
be accompanied by the following documents:
(a) For a manufactured new vehicle kit, the manufacturer's certificate of origin or equivalent document;
(b)(i) For a manufactured body kit, the manufacturer's
certificate of origin or equivalent document; (ii) for the
frame, the title or a certified copy or equivalent document;
(c) Bills of sale or invoices for all major components
used in the construction of the vehicle. The bills of sale must
be notarized unless the vendor is registered with the department of revenue for the collection of retail sales or use tax.
The bills of sale must include the names and addresses of the
seller and purchaser, a description of the vehicle or part being
sold, including the make, model, and identification or serial
number, the date of sale, and the purchase price of the vehicle
or part;
(d) A statement as defined in WAC 308-56A-150 by an
authorized inspector of the Washington state patrol or other
person authorized by the department of licensing verifying
(2004 Ed.)
46.12.510
the vehicle identification number, and year and make when
applicable;
(e) A completed declaration of value form (TD 420-737)
to determine the value for excise tax if the purchase cost and
year is unknown or incomplete.
(6) A Washington state patrol VIN inspector must ensure
that all parts are documented by titles, notarized bills of sale,
or business receipts such as obtained from a wrecking yard
purchase. The bills of sale must contain the VIN of the vehicle the parts came from, or the yard number if from a wrecking yard. [1996 c 225 § 8.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.12.450 Kit vehicles—Issuance of certificate of
ownership or registration. The following documents are
required for issuance of a certificate of ownership or registration for a kit vehicle:
(1) For a new vehicle kit or a manufactured body kit, the
owner shall supply a manufacturer's certificate of origin or a
factory invoice.
(2) For a manufactured body kit, proof of ownership for
all major parts used in the construction of the vehicle is
required.
(a) Major parts include:
(i) Frame;
(ii) Engine;
(iii) Axles;
(iv) Transmission;
(v) Any other parts that carry vehicle identification numbers.
(b) If the frame from a donor vehicle is used and the
remainder of the donor vehicle is to be sold or destroyed, the
title is required as an ownership document to the buyer. The
agent or subagent may make a certified copy of the title for
documentation of the frame for this transaction.
(3) Payment of use tax on the frame and all component
parts used is required, unless proof of payment of the sales or
use tax is submitted.
(4) A completed declaration of value form (TD 420-737)
to determine the value of the vehicle for excise tax purposes
is required if the purchase cost and year of purchase is
unknown.
(5) An odometer disclosure statement is required on all
originals and transfers of title for vehicles under ten years
old, unless otherwise exempt by law. [1996 c 225 § 9.]
46.12.450
Finding—1996 c 225: See note following RCW 46.04.125.
46.12.500 Commercial vehicle—Compliance statement. When applicable, the certificate of registration must
include a statement that the owner or entity operating a commercial vehicle must be in compliance with the requirements
of the United States department of transportation federal
motor carrier safety regulations contained in Title 49 C.F.R.
Part 382, controlled substances and alcohol use and testing.
[1999 c 351 § 4.]
46.12.500
Reviser's note: This section was directed to be codified in chapter
46.16 RCW, but placement in chapter 46.12 RCW appears to be more appropriate.
46.12.510 Donations for organ donation awareness.
An applicant for a new or renewed registration for a vehicle
46.12.510
[Title 46 RCW—page 45]
Chapter 46.16
Title 46 RCW: Motor Vehicles
required to be registered under this chapter or chapter 46.16
RCW may make a donation of one dollar or more to the organ
and tissue donation awareness account to promote the donation of organs and tissues under the provisions of the uniform
anatomical gift act, RCW 68.50.520 through *68.50.630.
The department shall collect the donations and credit the
donations to the organ and tissue donation awareness
account, created in RCW 68.50.640. At least quarterly, the
department shall transmit donations made to the organ and
tissue donation awareness account to the foundation established for organ and tissue donation awareness purposes by
the Washington state organ procurement organizations. All
Washington state organ procurement organizations will have
proportional access to these funds to conduct public education in their service areas. The donation of one or more dollars is voluntary and may be refused by the applicant. The
department shall make available informational booklets or
other informational sources on the importance of organ and
tissue donations to applicants.
The department shall inquire of each applicant at the
time the completed application is presented whether the
applicant is interested in making a donation of one dollar or
more and shall also specifically inform the applicant of the
option for organ and tissue donations as required by RCW
46.20.113. The department shall also provide written information to each applicant volunteering to become an organ
and tissue donor. The written information shall disclose that
the applicant's name shall be transmitted to the organ and tissue donor registry created in RCW 68.50.635, and that the
applicant shall notify a Washington state organ procurement
organization of any changes to the applicant's donor status.
All reasonable costs associated with the creation of the
donation program created under this section must be paid
proportionally or by other agreement by a Washington state
organ procurement organization.
For the purposes of this section, "reasonable costs" and
"Washington state organ procurement organization" have the
same meaning as defined in RCW 68.50.530. [2003 c 94 §
6.]
*Reviser's note: RCW 68.50.630 was repealed by 2002 c 45 § 1.
Application—2003 c 94 § 6: "Section 6 of this act takes effect with
registrations that are due or become due January 1, 2004, or later." [2003 c
94 § 8.]
Findings—2003 c 94: See note following RCW 68.50.530.
Chapter 46.16
Chapter 46.16 RCW
VEHICLE LICENSES
Sections
46.16.006
46.16.010
46.16.011
46.16.012
46.16.015
46.16.016
46.16.020
46.16.022
46.16.023
46.16.025
46.16.028
"Registration year" defined—Registration months—"Last
day of the month."
Licenses and plates required—Penalties—Exceptions.
Allowing unauthorized person to drive—Penalty.
Immunity from liability for licensing nonroadworthy vehicle.
Emission control inspections required—Exceptions—Educational information.
Emission control inspections—Rules for licensing requirements.
Exemptions—State and publicly owned vehicles—Registration.
Exemptions—Vehicles owned by Indian tribes—Conditions.
Ride-sharing vehicles—Special plates—Gross misdemeanor.
Identification device for exempt farm vehicles—Application
for—Contents—Fee.
"Resident" defined—Vehicle registration required.
[Title 46 RCW—page 46]
46.16.029
46.16.030
46.16.035
46.16.040
46.16.045
46.16.047
46.16.048
46.16.0621
46.16.063
46.16.068
46.16.070
46.16.071
46.16.073
46.16.079
46.16.085
46.16.088
46.16.090
46.16.111
46.16.121
46.16.125
46.16.135
46.16.140
46.16.145
46.16.150
46.16.160
46.16.180
46.16.200
46.16.210
46.16.212
46.16.216
46.16.220
46.16.225
46.16.230
46.16.233
46.16.235
46.16.237
46.16.240
46.16.260
46.16.265
46.16.270
46.16.276
46.16.280
46.16.290
46.16.295
46.16.301
46.16.305
46.16.307
46.16.309
46.16.30901
46.16.30902
46.16.30903
46.16.30904
46.16.30905
46.16.30906
46.16.313
46.16.314
46.16.316
46.16.319
46.16.324
46.16.327
46.16.332
46.16.333
46.16.335
46.16.340
46.16.350
46.16.371
46.16.374
46.16.376
Purchasing vehicle with foreign plates.
Nonresident exemption—Reciprocity.
Exemptions—Private school buses.
Form of application—Contents.
Temporary permits—Authority—Fees.
Temporary permits—Form and contents—Duration—Fees.
Temporary letter of authority for movement of unlicensed
vehicle for special community event.
License fee.
Additional fee for recreational vehicles.
Trailing units—Permanent plates.
License fee on trucks, buses, and for hire vehicles based on
gross weight.
Additional fees.
Federal heavy vehicle use tax.
Fixed load motor vehicle equipped for lifting or towing—
Capacity fee in addition to and in lieu.
Commercial trailers, pole trailers—Fee in lieu.
Transfer of license plates—Penalty.
Gross weight fees on farm vehicles—Penalty.
Gross weight, how computed.
Seating capacity fees on stages, for hire vehicles.
Mileage fees on stages—Penalty.
Monthly license fee—Penalty.
Overloading licensed capacity—Additional license—Penalties—Exceptions.
Overloading licensed capacity—Penalties.
School buses exempt from load and seat capacity fees.
Vehicle trip permits—Restrictions and requirements—Fees
and taxes—Penalty—Rules.
Unlawful to carry passengers for hire without license.
Applications to agents—Transmittal to director.
Original applications—Renewals—Fees—Preissuance,
when.
Notice of liability insurance requirement.
Payment of parking fines required for renewal.
Time of renewal of licenses—Duration.
Adjustment of vehicle registration periods to stagger renewal
periods.
License plates furnished.
Standard background—Periodic replacement—Retention of
current plate number.
State name not abbreviated.
Reflectorized materials—Fee.
Attachment of plates to vehicles—Violations enumerated.
License registration certificate—Signature required—Carried in vehicle—Penalty—Inspection—Exception.
Replacement certificate.
Replacement of plates—Fee.
Implementing rules.
Sale, loss, or destruction of commercial vehicle—Credit for
unused fee—Change in license classification.
Disposition of license plates, certificate on vehicle transfer.
Returned plates—Reuse.
Baseball stadium license plates.
Special license plates—Continuance of earlier issues—Conditions for current issues.
Collectors' vehicles—Use restrictions.
Special license plates—Application.
Professional fire fighters and paramedics plate.
Washington State Council of Fire Fighters benevolent fund.
Helping Kids Speak plate.
"Helping Kids Speak" account.
Law enforcement memorial plate.
Law enforcement memorial account.
Special license plates—Fees.
Special license plates—Authority to continue.
Special license plates—Transfer of vehicle—Replacement
plates.
Veterans and military personnel—Emblems.
Collegiate license plates.
Military emblems—Material, display requirements.
Military emblems—Fees.
Cooper Jones emblems.
Special license plates and emblems—Rules.
Amateur radio operator plates—Information furnished to
various agencies.
Amateur radio operator plates—Expiration or revocation of
radio license—Penalty.
Special plates for honorary consul, foreign government representative.
Taipei Economic and Cultural Office—Special plates.
Taipei Economic and Cultural Office—Fee exemption.
(2004 Ed.)
Vehicle Licenses
46.16.381
46.16.385
46.16.390
46.16.450
46.16.460
46.16.470
46.16.480
46.16.490
46.16.500
46.16.505
46.16.560
46.16.565
46.16.570
46.16.575
46.16.580
46.16.585
46.16.590
46.16.595
46.16.600
46.16.605
46.16.606
46.16.630
46.16.640
46.16.670
46.16.680
46.16.685
46.16.690
46.16.700
46.16.705
46.16.715
46.16.725
46.16.735
46.16.745
46.16.755
46.16.765
46.16.775
46.16.900
Special parking for disabled persons—Penalties—Enforcement.
Disabled parking versions of special plates.
Special plate or card issued by another jurisdiction.
Appeals to superior court from suspension, revocation, cancellation, or refusal of license or certificate.
Nonresident members of armed forces—Issuance of temporary license.
Temporary license—Display.
Nonresident members of armed forces—Exemption from
sales, use, or motor vehicle excise taxes—Extent of
exemption.
Nonresident members of armed forces—Rules and regulations—Proof.
Liability of operator, owner, lessee for violations.
Campers—License and plates—Application—Fee.
Personalized license plates—Defined.
Personalized license plates—Application.
Personalized license plates—Design.
Personalized license plates—Issuance to registered owner
only.
Personalized license plates—Application requirements.
Personalized license plates—Fees—Renewal—Penalty.
Personalized license plates—Transfer fees.
Personalized license plates—Transfer or surrender upon sale
or release of vehicle—Penalty.
Personalized license plates—Rules and regulations.
Personalized license plates—Disposition of fees—Costs.
Personalized license plates—Additional fee.
Moped registration.
Wheelchair conveyances.
Boat trailers—Fee for freshwater aquatic weeds account.
Kit vehicles.
License plate technology account.
License plate design services—Fee.
Special license plates—Intent.
Special license plate review board—Created.
Board—Administration.
Board—Powers and duties.
Special license plates—Sponsoring organization requirements.
Special license plates—Application requirements.
Special license plates—Disposition of revenues.
Special license plates—Continuing requirements.
Special license plates—Nonreviewed plates.
Severability—1973 1st ex.s. c 132.
Auto transportation companies: Chapter 81.68 RCW.
Free license plates
disabled veterans, prisoners of war: RCW 73.04.110.
surviving spouse of prisoner of war: RCW 73.04.115.
Rental cars: RCW 46.87.023.
Special license plates—Fee—Hulk haulers or scrap processors: RCW
46.79.060.
Unprocessed agricultural products, license for transport: RCW 20.01.120.
46.16.006
46.16.006 "Registration year" defined—Registration
months—"Last day of the month." (1) The term "registration year" for the purposes of chapters 46.16, 82.44, and
82.50 RCW means the effective period of a vehicle license
issued by the department. Such year commences at 12:01
a.m. on the date of the calendar year designated by the department and ends at 12:01 a.m. on the same date of the next succeeding calendar year. If a vehicle license previously issued
in this state has expired and is renewed with a different registered owner, a new registration year is deemed to commence
upon the date the expired license is renewed in order that the
renewed license be useable for a full twelve-month period.
(2) Each registration year may be divided into twelve
registration months. Each registration month commences on
the day numerically corresponding to the day of the calendar
month on which the registration year begins, and terminates
on the numerically corresponding day of the next succeeding
calendar month.
(2004 Ed.)
46.16.010
(3) Where the term "last day of the month" is used in
chapters 46.16, 82.44, and 82.50 RCW in lieu of a specified
day of any calendar month it means the last day of such calendar month or months irrespective of the numerical designation of that day.
(4) If the final day of a registration year or month falls on
a Saturday, Sunday, or legal holiday, such period extends
through the end of the next business day. [1992 c 222 § 1;
1983 c 27 § 1; 1981 c 214 § 1; 1975 1st ex.s. c 118 § 1.]
Effective date—1975 1st ex.s. c 118: "This 1975 amendatory act shall
take effect on January 1, 1977: PROVIDED, That the director of the department of motor vehicles may, prior to such effective date, undertake and perform duties and conduct activities necessary for the timely implementation
of this 1975 amendatory act on such date." [1975 1st ex.s. c 118 § 19.]
Severability—1975 1st ex.s. c 118: "If any provision of this 1975
amendatory act is declared unconstitutional, or the applicability thereof to
any person or circumstances is held invalid, the constitutionality of the
remainder of this 1975 amendatory act and the applicability thereof to persons and circumstances shall not be affected thereby." [1975 1st ex.s. c 118
§ 18.]
46.16.010
46.16.010 Licenses and plates required—Penalties—
Exceptions. (1) It is unlawful for a person to operate any
vehicle over and along a public highway of this state without
first having obtained and having in full force and effect a current and proper vehicle license and display vehicle license
number plates therefor as by this chapter provided.
(2) Failure to make initial registration before operation
on the highways of this state is a misdemeanor, and any person convicted thereof must be punished by a fine of no less
than three hundred thirty dollars, no part of which may be
suspended or deferred.
(3) Failure to renew an expired registration before operation on the highways of this state is a traffic infraction.
(4) The licensing of a vehicle in another state by a resident of this state, as defined in RCW 46.16.028, evading the
payment of any tax or license fee imposed in connection with
registration, is a gross misdemeanor punishable as follows:
(a) For a first offense, up to one year in the county jail
and a fine equal to twice the amount of delinquent taxes and
fees, no part of which may be suspended or deferred;
(b) For a second or subsequent offense, up to one year in
the county jail and a fine equal to four times the amount of
delinquent taxes and fees, no part of which may be suspended
or deferred;
(c) For fines levied under (b) of this subsection, an
amount equal to the avoided taxes and fees owed will be
deposited in the vehicle licensing fraud account created in the
state treasury;
(d) The avoided taxes and fees shall be deposited and
distributed in the same manner as if the taxes and fees were
properly paid in a timely fashion.
(5) These provisions shall not apply to the following
vehicles:
(a) Motorized foot scooters;
(b) Electric-assisted bicycles;
(c) Farm vehicles if operated within a radius of fifteen
miles of the farm where principally used or garaged, farm
tractors and farm implements including trailers designed as
cook or bunk houses used exclusively for animal herding
temporarily operating or drawn upon the public highways,
and trailers used exclusively to transport farm implements
[Title 46 RCW—page 47]
46.16.011
Title 46 RCW: Motor Vehicles
from one farm to another during the daylight hours or at night
when such equipment has lights that comply with the law;
(d) Spray or fertilizer applicator rigs designed and used
exclusively for spraying or fertilization in the conduct of
agricultural operations and not primarily for the purpose of
transportation, and nurse rigs or equipment auxiliary to the
use of and designed or modified for the fueling, repairing, or
loading of spray and fertilizer applicator rigs and not used,
designed, or modified primarily for the purpose of transportation;
(e) Fork lifts operated during daylight hours on public
highways adjacent to and within five hundred feet of the
warehouses which they serve: PROVIDED FURTHER, That
these provisions shall not apply to vehicles used by the state
parks and recreation commission exclusively for park maintenance and operations upon public highways within state
parks;
(f) "Special highway construction equipment" defined as
follows: Any vehicle which is designed and used primarily
for grading of highways, paving of highways, earth moving,
and other construction work on highways and which is not
designed or used primarily for the transportation of persons
or property on a public highway and which is only incidentally operated or moved over the highway. It includes, but is
not limited to, road construction and maintenance machinery
so designed and used such as portable air compressors, air
drills, asphalt spreaders, bituminous mixers, bucket loaders,
track laying tractors, ditchers, leveling graders, finishing
machines, motor graders, paving mixers, road rollers, scarifiers, earth moving scrapers and carryalls, lighting plants,
welders, pumps, power shovels and draglines, self-propelled
and tractor-drawn earth moving equipment and machinery,
including dump trucks and tractor-dump trailer combinations
which either (i) are in excess of the legal width, or (ii) which,
because of their length, height, or unladen weight, may not be
moved on a public highway without the permit specified in
RCW 46.44.090 and which are not operated laden except
within the boundaries of the project limits as defined by the
contract, and other similar types of construction equipment,
or (iii) which are driven or moved upon a public highway
only for the purpose of crossing such highway from one property to another, provided such movement does not exceed
five hundred feet and the vehicle is equipped with wheels or
pads which will not damage the roadway surface.
Exclusions:
"Special highway construction equipment" does not
include any of the following:
Dump trucks originally designed to comply with the
legal size and weight provisions of this code notwithstanding
any subsequent modification which would require a permit,
as specified in RCW 46.44.090, to operate such vehicles on a
public highway, including trailers, truck-mounted transit
mixers, cranes and shovels, or other vehicles designed for the
transportation of persons or property to which machinery has
been attached.
(6) The following vehicles, whether operated solo or in
combination, are exempt from license registration and displaying license plates as required by this chapter:
(a) A converter gear used to convert a semitrailer into a
trailer or a two-axle truck or tractor into a three or more axle
truck or tractor or used in any other manner to increase the
[Title 46 RCW—page 48]
number of axles of a vehicle. Converter gear includes an auxiliary axle, booster axle, dolly, and jeep axle.
(b) A tow dolly that is used for towing a motor vehicle
behind another motor vehicle. The front or rear wheels of the
towed vehicle are secured to and rest on the tow dolly that is
attached to the towing vehicle by a tow bar. [2003 c 353 § 8;
2003 c 53 § 238; 2000 c 229 § 1; 1999 c 277 § 4. Prior: 1997
c 328 § 2; 1997 c 241 § 13; 1996 c 184 § 1; 1993 c 238 § 1;
1991 c 163 § 1; 1989 c 192 § 2; 1986 c 186 § 1; 1977 ex.s. c
148 § 1; 1973 1st ex.s. c 17 § 2; 1972 ex.s. c 5 § 2; 1969 c 27
§ 3; 1967 c 202 § 2; 1963 ex.s. c 3 § 51; 1961 ex.s. c 21 § 32;
1961 c 12 § 46.16.010; prior: 1955 c 265 § 1; 1947 c 33 § 1;
1937 c 188 § 15; Rem. Supp. 1947 § 6312-15; 1929 c 99 § 5;
RRS § 6324.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Reviser's note: This section was amended by 2003 c 53 § 238 and by
2003 c 353 § 8, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 353: See note following RCW 46.04.320.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2000 c 229: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 30, 2000]." [2000 c 229 § 9.]
Effective date—1996 c 184 §§ 1-6: "Sections 1 through 6 of this act
take effect January 1, 1997." [1996 c 184 § 8.]
Legislative intent—1989 c 192: "The legislature recognizes that there
are residents of this state who intentionally register motor vehicles in other
states to evade payment of taxes and fees required by the laws of this state.
This results in a substantial loss of revenue to the state. It is the intent of the
legislature to impose a stronger criminal penalty upon those residents who
defraud the state, thereby enhancing compliance with the registration laws of
this state and further enhancing enforcement and collection efforts.
In order to encourage voluntary compliance with the registration laws
of this state, administrative penalties associated with failing to register a
motor vehicle are waived until September 1, 1989. It is not the intent of the
legislature to waive traffic infraction or criminal traffic violations imposed
prior to July 23, 1989." [1989 c 192 § 1.]
Effective date—1989 c 192 § 2: "Section 2 of this act shall take effect
September 1, 1989." [1989 c 192 § 3.]
46.16.011 Allowing unauthorized person to drive—
Penalty. It is unlawful for any person in whose name a vehicle is registered knowingly to permit another person to drive
the vehicle when the other person is not authorized to do so
under the laws of this state. A violation of this section is a
misdemeanor. [1987 c 388 § 10.]
46.16.011
Severability—1987 c 388: See note following RCW 46.20.342.
Allowing unauthorized child to drive: RCW 46.20.024.
46.16.012
46.16.012 Immunity from liability for licensing nonroadworthy vehicle. The director, the state of Washington,
and its political subdivisions shall be immune from civil liability arising from the issuance of a vehicle license to a nonroadworthy vehicle. [1986 c 186 § 5.]
46.16.015 Emission control inspections required—
Exceptions—Educational information. (1) Neither the
department of licensing nor its agents may issue or renew a
motor vehicle license for any vehicle or change the registered
owner of a licensed vehicle, for any vehicle that is required to
be inspected under chapter 70.120 RCW, unless the applica46.16.015
(2004 Ed.)
Vehicle Licenses
tion for issuance or renewal is: (a) Accompanied by a valid
certificate of compliance or a valid certificate of acceptance
issued pursuant to chapter 70.120 RCW; or (b) exempted
from this requirement pursuant to subsection (2) of this section. The certificates must have a date of validation which is
within six months of the date of application for the vehicle
license or license renewal. Certificates for fleet or owner
tested diesel vehicles may have a date of validation which is
within twelve months of the assigned license renewal date.
(2) Subsection (1) of this section does not apply to the
following vehicles:
(a) New motor vehicles whose equitable or legal title has
never been transferred to a person who in good faith purchases the vehicle for purposes other than resale;
(b) Motor vehicles with a model year of 1967 or earlier;
(c) Motor vehicles that use propulsion units powered
exclusively by electricity;
(d) Motor vehicles fueled by propane, compressed natural gas, or liquid petroleum gas, unless it is determined that
federal sanctions will be imposed as a result of this exemption;
(e) Motorcycles as defined in RCW 46.04.330 and
motor-driven cycles as defined in RCW 46.04.332;
(f) Farm vehicles as defined in RCW 46.04.181;
(g) Used vehicles which are offered for sale by a motor
vehicle dealer licensed under chapter 46.70 RCW;
(h) Classes of motor vehicles exempted by the director of
the department of ecology;
(i) Collector cars as identified by the department of
licensing under RCW 46.16.305(1);
(j) Beginning January 1, 2000, vehicles that are less than
five years old or more than twenty-five years old; or
(k) Hybrid motor vehicles that obtain a rating by the
environmental protection agency of at least fifty miles per
gallon of gas during city driving. For purposes of this section,
a hybrid motor vehicle is one that uses propulsion units powered by both electricity and gas.
The provisions of (a) of this subsection may not be construed as exempting from the provisions of subsection (1) of
this section applications for the renewal of licenses for motor
vehicles that are or have been leased.
(3) The department of ecology shall provide information
to motor vehicle owners regarding the boundaries of emission contributing areas and restrictions established under this
section that apply to vehicles registered in such areas. In
addition the department of ecology shall provide information
to motor vehicle owners on the relationship between motor
vehicles and air pollution and steps motor vehicle owners
should take to reduce motor vehicle related air pollution. The
department of licensing shall send to all registered motor
vehicle owners affected by the emission testing program
notice that they must have an emission test to renew their registration. [2002 c 24 § 1; 1998 c 342 § 6; 1991 c 199 § 209;
1990 c 42 § 318; 1989 c 240 § 1; 1985 c 7 § 111. Prior: 1983
c 238 § 1; 1983 c 237 § 3; 1980 c 176 § 1; 1979 ex.s. c 163 §
11.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
(2004 Ed.)
46.16.020
Effective date—1989 c 240: See RCW 70.120.902.
Severability—1983 c 238: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 238 § 3.]
Legislative finding—1983 c 237: See note following RCW 46.37.467.
Effective date—1979 ex.s. c 163 § 11: "Section 11 of this act shall take
effect on January 1, 1982. The director of the department of licensing and the
director of the department of ecology are authorized to take immediately
such steps as are necessary to ensure that section 11 of this act is implemented on its effective date." [1979 ex.s. c 163 § 16.]
Severability—1979 ex.s. c 163: See note following RCW 70.120.010.
46.16.016
46.16.016 Emission control inspections—Rules for
licensing requirements. The director of the department of
licensing shall adopt rules implementing and enforcing RCW
46.16.015, except for *RCW 46.16.015(2)(g) in accordance
with chapter 34.05 RCW. [1979 ex.s. c 163 § 15.]
*Reviser's note: RCW 46.16.015 was amended by 1991 c 199 § 209,
changing subsection (2)(g) to subsection (2)(f).
Severability—1979 ex.s. c 163: See note following RCW 70.120.010.
46.16.020
46.16.020 Exemptions—State and publicly owned
vehicles—Registration. Any vehicle owned, rented, or
leased by the state of Washington, or by any county, city,
town, school district, or other political subdivision of the
state of Washington and used exclusively by them, and all
vehicles owned or leased with an option to purchase by the
United States government, or by the government of foreign
countries, or by international bodies to which the United
States government is a signatory by treaty, or owned or
leased by the governing body of an Indian tribe located
within this state and recognized as a governmental entity by
the United States department of the interior, and used exclusively in its or their service shall be exempt from the payment
of license fees for the licensing thereof as in this chapter provided: PROVIDED, HOWEVER, That such vehicles, except
those owned and used exclusively by the United States government and which are identified by clearly exhibited registration numbers or license plates assigned by an instrumentality of that government, shall be registered as prescribed for
the license registration of other vehicles and shall display the
vehicle license number plates assigned to it. The department
shall assign a plate or plates to each vehicle or may assign a
block of plates to an agency or political subdivision for further assignment by the agency or political subdivision to individual vehicles registered to it pursuant to this section. The
agency, political subdivision, or Indian tribe, except a foreign
government or international body, shall pay a fee of two dollars for the plate or plates for each vehicle. An Indian tribe is
not entitled to license and register any tribal government service vehicle under this section if that tribe itself licenses or
registers any tribal government service vehicles under tribal
law. No vehicle license or license number plates shall be
issued to any such vehicle under the provisions of this section
for the transportation of school children unless and until such
vehicle shall have been first personally inspected by the
director or the director's duly authorized representative.
[1986 c 30 § 1; 1975 1st ex.s. c 169 § 5; 1973 1st ex.s. c 132
§ 22; 1967 c 32 § 14; 1965 ex.s. c 106 § 1; 1961 c 12 §
46.16.020. Prior: 1939 c 182 § 4; 1937 c 188 § 21; RRS §
[Title 46 RCW—page 49]
46.16.022
Title 46 RCW: Motor Vehicles
6312-21; 1925 ex.s. c 47 § 1; 1921 c 96 § 17; 1919 c 46 § 2;
1917 c 155 § 12; 1915 c 142 § 17; RRS § 6329.]
Severability—1973 1st ex.s. c 132: See RCW 46.16.900, 46.70.920.
Marking of publicly owned vehicles: RCW 46.08.065 through 46.08.068.
Special license plates issued without fee
Congressional Medal of Honor recipients: RCW 46.16.305.
disabled veterans, prisoners of war: RCW 73.04.110.
surviving spouse of prisoner of war: RCW 73.04.115.
46.16.022
46.16.022 Exemptions—Vehicles owned by Indian
tribes—Conditions. (1) The provisions of this chapter relating to licensing of vehicles by this state, including the display
of vehicle license number plates and license registration certificates, do not apply to vehicles owned or leased by the governing body of an Indian tribe located within this state and
recognized as a governmental entity by the United States
department of the interior, only when:
(a) The vehicle is used exclusively in tribal government
service; and
(b) The vehicle has been licensed and registered under a
law adopted by such tribal government; and
(c) Vehicle license number plates issued by the tribe
showing the initial or abbreviation of the name of the tribe are
displayed on the vehicle substantially as provided therefor in
this state; and
(d) The tribe has not elected to receive any Washington
state license plates for tribal government service vehicles
pursuant to RCW 46.16.020; and
(e) If required by the department, the tribe provides the
department with vehicle description and ownership information similar to that required for vehicles registered in this
state, which may include the model year, make, model series,
body type, type of power (gasoline, diesel, or other), VIN,
and the license plate number assigned to each government
service vehicle licensed by that tribe.
(2) The provisions of this section are operative as to a
vehicle owned or leased by an Indian tribe located within this
state and used exclusively in tribal government service only
to the extent that under the laws of the tribe like exemptions
and privileges are granted to all vehicles duly licensed under
the laws of this state for operation of such vehicles on all
tribal roads within the tribe's reservation. If under the laws of
the tribe, persons operating vehicles licensed by this state are
required to pay a license or registration fee or to carry or display vehicle license number plates or a registration certificate
issued by the tribe, the tribal government shall comply with
the provisions of this state's laws relating to the licensing and
registration of vehicles operating on the highways of this
state. [1986 c 30 § 2.]
46.16.023
46.16.023 Ride-sharing vehicles—Special plates—
Gross misdemeanor. (1) Every owner or lessee of a vehicle
seeking to apply for an excise tax exemption under RCW
82.08.0287, 82.12.0282, or 82.44.015 shall apply to the
director for, and upon satisfactory showing of eligibility,
receive in lieu of the regular motor vehicle license plates for
that vehicle, special plates of a distinguishing separate
numerical series or design, as the director shall prescribe. In
addition to paying all other initial fees required by law, each
applicant for the special license plates shall pay an additional
license fee of twenty-five dollars upon the issuance of such
[Title 46 RCW—page 50]
plates. The special fee shall be deposited in the motor vehicle
fund. Application for renewal of the license plates shall be as
prescribed for the renewal of other vehicle licenses. No
renewal is required for vehicles exempted under RCW
46.16.020.
(2) Whenever the ownership of a vehicle receiving special plates under subsection (1) of this section is transferred
or assigned, the plates shall be removed from the motor vehicle, and if another vehicle qualifying for special plates is
acquired, the plates shall be transferred to that vehicle for a
fee of ten dollars, and the director shall be immediately notified of the transfer of the plates. Otherwise the removed
plates shall be immediately forwarded to the director to be
canceled. Whenever the owner or lessee of a vehicle receiving special plates under subsection (1) of this section is for
any reason relieved of the tax-exempt status, the special
plates shall immediately be forwarded to the director along
with an application for replacement plates and the required
fee. Upon receipt the director shall issue the license plates
that are otherwise provided by law.
(3) Any person who knowingly makes any false statement of a material fact in the application for a special plate
under subsection (1) of this section is guilty of a gross misdemeanor. [2004 c 223 § 2; 1993 c 488 § 5; 1987 c 175 § 2.]
Finding—Annual recertification rule—Report—1993 c 488: See
notes following RCW 82.08.0287.
Effective date—1987 c 175 § 2: "Section 2 of this act shall take effect
on January 1, 1988." [1987 c 175 § 4.]
46.16.025
46.16.025 Identification device for exempt farm vehicles—Application for—Contents—Fee. Before any "farm
vehicle", as defined in RCW 46.04.181, shall operate on or
move along a public highway, there shall be displayed upon
it in a conspicuous manner a decal or other device, as may be
prescribed by the director of licensing and issued by the
department of licensing, which shall describe in some manner
the vehicle and identify it as a vehicle exempt from the
licensing requirements of this chapter. Application for such
identifying devices shall be made to the department on a form
furnished for that purpose by the director. Such application
shall be made by the owner or lessee of the vehicle, or his
duly authorized agent over the signature of such owner or
agent, and he shall certify that the statements therein are true
to the best of his knowledge. The application must show:
(1) The name and address of the owner of the vehicle;
(2) The trade name of the vehicle, model, year, type of
body, the motor number or the identification number thereof
if such vehicle be a motor vehicle, or the serial number
thereof if such vehicle be a trailer;
(3) The purpose for which said vehicle is to be principally used;
(4) Such other information as shall be required upon
such application by the director; and
(5) Place where farm vehicle is principally used or
garaged.
A fee of five dollars shall be charged for and submitted
with such application for an identification decal as in this section provided as to each farm vehicle which fee shall be
deposited in the motor vehicle fund and distributed proportionately as otherwise provided for vehicle license fees under
RCW 46.68.030. Only one application need be made as to
(2004 Ed.)
Vehicle Licenses
each such vehicle, and the status as an exempt vehicle shall
continue until suspended or revoked for misuse, or when such
vehicle no longer is used as a farm vehicle. [1979 c 158 §
139; 1967 c 202 § 3.]
46.16.028
46.16.028 "Resident" defined—Vehicle registration
required. (1) For the purposes of vehicle license registration, a resident is a person who manifests an intent to live or
be located in this state on more than a temporary or transient
basis. Evidence of residency includes but is not limited to:
(a) Becoming a registered voter in this state; or
(b) Receiving benefits under one of the Washington public assistance programs; or
(c) Declaring that he or she is a resident for the purpose
of obtaining a state license or tuition fees at resident rates.
(2) The term "Washington public assistance programs"
referred to in subsection (1)(b) of this section includes only
public assistance programs for which more than fifty percent
of the combined costs of benefits and administration are paid
from state funds. Programs which are not included within the
term "Washington public assistance programs" pursuant to
the above criteria include, but are not limited to the food
stamp program under the federal food stamp act of 1964; programs under the child nutrition act of 1966, 42 U.S.C. Secs.
1771 through 1788; and temporary assistance for needy families.
(3) A resident of the state shall register under chapters
46.12 and 46.16 RCW a vehicle to be operated on the highways of the state. New Washington residents shall be allowed
thirty days from the date they become residents as defined in
this section to procure Washington registration for their vehicles. This thirty-day period shall not be combined with any
other period of reciprocity provided for in this chapter or
chapter 46.85 RCW. [1997 c 59 § 7; 1987 c 142 § 1; 1986 c
186 § 2; 1985 c 353 § 1.]
Effective date—1985 c 353: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect immediately, except for section 1 of this act, which shall take effect September 1,
1985." [1985 c 353 § 6.]
46.16.029
46.16.029 Purchasing vehicle with foreign plates. It
is unlawful to purchase a vehicle bearing foreign license
plates without removing and destroying the plates unless (1)
the out-of-state vehicle is sold to a Washington resident by a
resident of a jurisdiction where the license plates follow the
owner or (2) the out-of-state plates may be returned to the
jurisdiction of issuance by the owner for refund purposes or
(3) for such other reasons as the department may deem appropriate by rule. [1987 c 142 § 2.]
46.16.040
of such state, foreign country, territory or federal district, is
displayed on such vehicle substantially as is provided therefor in this state. The provisions of this section shall be operative as to a vehicle owned by a nonresident of this state only
to the extent that under the laws of the state, foreign country,
territory or federal district of his or her residence, like exemptions and privileges are granted to vehicles duly licensed
under the laws of and owned by residents of this state. If
under the laws of such state, foreign country, territory or federal district, vehicles owned by residents of this state, operating upon the highways of such state, foreign country, territory or federal district, are required to pay the license fee and
carry the vehicle license number plates of such state, foreign
country, territory or federal district, the vehicles owned by
residents of such state, foreign country, territory or federal
district, and operating upon the highways of this state, shall
comply with the provisions of this state relating to the licensing of vehicles. Foreign businesses owning, maintaining, or
operating places of business in this state and using vehicles in
connection with such places of business, shall comply with
the provisions relating to the licensing of vehicles insofar as
vehicles used in connection with such places of business are
concerned. Under provisions of the international registration
plan, the nonmotor vehicles of member and nonmember
jurisdictions which are properly based and licensed in such
jurisdictions are granted reciprocity in this state as provided
in RCW 46.87.070(2). The director is empowered to make
and enforce rules and regulations for the licensing of nonresident vehicles upon a reciprocal basis and with respect to any
character or class of operation. [1991 c 163 § 2; 1990 c 42 §
110; 1967 c 32 § 15; 1961 c 12 § 46.16.030. Prior: 1937 c
188 § 23; RRS § 6312-23; 1931 c 120 § 1; 1929 c 99 § 4;
1921 c 96 § 11; 1919 c 59 § 6; 1917 c 155 § 7; 1915 c 142 §
11; RRS § 6322.]
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
46.16.035
46.16.035 Exemptions—Private school buses. Any
bus or vehicle owned and operated by a private school or
schools meeting the requirements of RCW 28A.195.010 and
used by that school or schools primarily to transport children
to and from school or to transport children in connection with
school activities shall be exempt from the payment of license
fees for the licensing thereof as in this chapter provided. A
license issued by the department for such bus or vehicle shall
be considered an exempt license under RCW 82.44.010.
[1990 c 33 § 584; 1980 c 88 § 1.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
46.16.040
46.16.030
46.16.030 Nonresident exemption—Reciprocity.
Except as is herein provided for foreign businesses, the provisions relative to the licensing of vehicles and display of
vehicle license number plates and license registration certificates shall not apply to any vehicles owned by nonresidents
of this state if the owner thereof has complied with the law
requiring the licensing of vehicles in the names of the owners
thereof in force in the state, foreign country, territory or federal district of his or her residence; and the vehicle license
number plate showing the initial or abbreviation of the name
(2004 Ed.)
46.16.040 Form of application—Contents. Application for original vehicle license shall be made on [a] form furnished for the purpose by the department. Such application
shall be made by the owner of the vehicle or duly authorized
agent over the signature of such owner or agent, and the
applicant shall certify that the statements therein are true to
the best of the applicant's knowledge. The application must
show:
(1) Name and address of the owner of the vehicle and, if
the vehicle is subject to a security agreement, the name and
address of the secured party;
[Title 46 RCW—page 51]
46.16.045
Title 46 RCW: Motor Vehicles
(2) Trade name of the vehicle, model, year, type of body,
the identification number thereof;
(3) The power to be used—whether electric, steam, gas
or other power;
(4) The purpose for which said vehicle is to be used and
the nature of the license required;
(5) The licensed gross weight for such vehicle which in
the case of for hire vehicles and auto stages with seating
capacity of more than six shall be the adult seating capacity
thereof, including the operator, as provided for in RCW
46.16.111. In the case of motor trucks, tractors, and truck
tractors, the licensed gross weight shall be the gross weight
declared by the applicant pursuant to the provisions of RCW
46.16.111;
(6) The unladen weight of such vehicle, if it be a motor
truck or trailer, which shall be the shipping weight thereof as
given by the manufacturer thereof unless another weight is
shown by weight slip verified by a certified weighmaster,
which slip shall be attached to the original application;
(7) Such other information as shall be required upon
such application by the department. [1987 c 244 § 2; 1975 c
25 § 15; 1969 ex.s. c 170 § 2. Prior: 1967 ex.s. c 83 § 59;
1967 c 32 § 16; 1961 c 12 § 46.16.040; prior: 1947 c 164 §
8; 1937 c 188 § 29; Rem. Supp. 1947 § 6312-29; 1921 c 96 §
5; 1919 c 178 § 1; 1919 c 59 § 4; 1915 c 142 § 5; RRS §
6316.]
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
46.16.045
46.16.045 Temporary permits—Authority—Fees.
(1) The department in its discretion may grant a temporary
permit to operate a vehicle for which application for registration has been made, where such application is accompanied
by the proper fee pending action upon said application by the
department.
(2) The department may authorize vehicle dealers properly licensed pursuant to chapter 46.70 RCW to issue temporary permits to operate vehicles under such rules and regulations as the department deems appropriate.
(3) The fee for each temporary permit application distributed to an authorized vehicle dealer shall be five dollars,
which shall be credited to the payment of registration fees at
the time application for registration is made.
(4) The payment of the registration fees to an authorized
dealer is considered payment to the state of Washington.
[1990 c 198 § 1; 1973 1st ex.s. c 132 § 23; 1961 c 12 §
46.16.045. Prior: 1959 c 66 § 1.]
Severability—1973 1st ex.s. c 132: See RCW 46.16.900, 46.70.920.
46.16.047
46.16.047 Temporary permits—Form and contents—Duration—Fees. Forms for such temporary permits
shall be prescribed and furnished by the department. Temporary permits shall bear consecutive numbers, shall show the
name and address of the applicant, trade name of the vehicle,
model, year, type of body, identification number and date of
application, and shall be such as may be affixed to the vehicle
at the time of issuance, and remain on such vehicle only during the period of such registration and until the receipt of permanent license plates. The application shall be registered in
the office of the person issuing the permit and shall be for[Title 46 RCW—page 52]
warded by him to the department each day together with the
fee accompanying it.
A fee of fifty cents shall be charged by the person authorized to issue such permit which shall be accounted for in the
same manner as the other fees collected by such officers, provided that such fees collected by county auditors or their
agents shall be paid to the county treasurer in the same manner as other fees collected by the county auditor and credited
to the county current expense fund. [1961 c 12 § 46.16.047.
Prior: 1959 c 66 § 2.]
46.16.048
46.16.048 Temporary letter of authority for movement of unlicensed vehicle for special community event.
The department in its discretion may issue a temporary letter
of authority authorizing the movement of an unlicensed vehicle or the temporary usage of a special plate for the purpose
of promoting or participating in an event such as a parade,
pageant, fair, convention, or other special community activity. The letter of authority may not be issued to or used by
anyone for personal gain, but public identification of the
sponsor or owner of the donated vehicle shall not be considered to be personal gain. [1977 c 25 § 2.]
46.16.0621
46.16.0621 License fee. (1) License tab fees are
required to be $30 per year for motor vehicles, regardless of
year, value, make, or model.
(2) For the purposes of this section, "license tab fees" are
defined as the general fees paid annually for licensing motor
vehicles and trailers as defined in RCW 46.04.620 and
46.04.623, including cars, sport utility vehicles, motorcycles,
and motor homes. Trailers licensed under RCW 46.16.068 or
46.16.085 and campers licensed under RCW 46.16.505 are
not required to pay license tab fees under this section. [2003
c 1 § 2 (Initiative Measure No. 776, approved November 5,
2002); 2002 c 352 § 7; 2000 1st sp.s. c 1 § 1.]
Reviser's note: This section was amended by 2002 c 352 § 7 and by
2003 c 1 § 2 (Initiative Measure No. 776), each without reference to the
other. Both amendments are incorporated in the publication of this section
under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Savings—2003 c 1 (Initiative Measure No. 776): See
note following RCW 81.104.160.
Policies and purposes—2003 c 1 (Initiative Measure No. 776): "This
measure would require license tab fees to be $30 per year for motor vehicles
and light trucks and would repeal certain government-imposed charges,
including excise taxes and fees, levied on motor vehicles. Politicians promised "$30 license tabs are here to stay" and promised any increases in vehicle-related taxes, fees and surcharges would be put to a public vote. Politicians should keep their promises. As long as taxpayers must pay incredibly
high sales taxes when buying motor vehicles (meaning state and local governments receive huge windfalls of sales tax revenue from these transactions), the people want license tab fees to not exceed the promised $30 per
year. Without this follow-up measure, "tab creep" will continue until license
tab fees are once again obscenely expensive, as they were prior to Initiative
695. The people want a public vote on any increases in vehicle-related taxes,
fees and surcharges to ensure increased accountability. Voters will require
more cost-effective use of existing revenues and fundamental reforms before
approving higher charges on motor vehicles (such changes may remove the
need for any increases). Also, dramatic changes to transportation plans and
programs previously presented to voters must be resubmitted. This measure
provides a strong directive to all taxing districts to obtain voter approval
before imposing taxes, fees and surcharges on motor vehicles. However, if
the legislature ignores this clear message, a referendum will be filed to protect the voters' rights. Politicians should just do the right thing and keep their
promises." [2003 c 1 § 1 (Initiative Measure No. 776, approved November
5, 2002).]
(2004 Ed.)
Vehicle Licenses
Construction—2003 c 1 (Initiative Measure No. 776): "The provisions of this act are to be liberally construed to effectuate the intent, policies,
and purposes of this act." [2003 c 1 § 9 (Initiative Measure No. 776,
approved November 5, 2002).]
Intent—2003 c 1 (Initiative Measure No. 776): "The people have
made clear through the passage of numerous initiatives and referenda that
taxes need to be reasonable and tax increases should always be a last resort.
However, politicians throughout the state of Washington continue to ignore
these repeated mandates.
The people expect politicians to keep their promises. The legislative
intent of this measure is to ensure that they do.
Politicians are reminded:
(1) Washington voters want license tab fees to be $30 per year for
motor vehicles unless voters authorize higher vehicle-related charges at an
election.
(2) All political power is vested in the people, as stated in Article I, section 1 of the Washington state Constitution.
(3) The first power reserved by the people is the initiative, as stated in
Article II, section 1 of the Washington state Constitution.
(4) When voters approve initiatives, politicians have a moral, ethical,
and constitutional obligation to fully implement them. When politicians
ignore this obligation, they corrupt the term "public servant."
(5) Any attempt to violate the clear intent and spirit of this measure
undermines the trust of the people in their government and will increase the
likelihood of future tax limitation measures." [2003 c 1 § 11 (Initiative Measure No. 776, approved November 5, 2002).]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—2000 1st sp.s. c 1: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect immediately [March 31, 2000]." [2000 1st sp.s. c 1 § 3.]
Retroactive application—2000 1st sp.s. c 1: "This act applies retroactively to January 1, 2000." [2000 1st sp.s. c 1 § 4.]
46.16.063
46.16.063 Additional fee for recreational vehicles. In
addition to other fees for the licensing of vehicles there shall
be paid and collected annually for each camper, travel trailer,
and motor home as the same are defined in RCW 82.50.010 a
fee of three dollars to be deposited in the RV account of the
motor vehicle fund. Under RCW 43.135.055, the department
of transportation may increase RV account fees by a percentage that exceeds the fiscal growth factor. After consultation
with citizen representatives of the recreational vehicle user
community, the department of transportation may implement
RV account fee adjustments no more than once every four
years. RV account fee adjustments must be preceded by evaluation of the following factors: Maintenance of a self-supporting program, levels of service at existing RV sanitary disposal facilities, identified needs for improved RV service at
safety rest areas statewide, sewage treatment costs, and inflation. If the department chooses to adjust the RV account fee,
it shall notify the department of licensing six months before
implementation of the fee increase. Adjustments in the RV
account fee must be in increments of no more than fifty cents
per biennium. [1996 c 237 § 1; 1980 c 60 § 2.]
Effective date—1996 c 237 § 1: "Section 1 of this act takes effect with
motor vehicle fees due or to become due September 1, 1996." [1996 c 237 §
4.]
Effective date—1980 c 60: See note following RCW 47.38.050.
46.16.068
46.16.068 Trailing units—Permanent plates. Trailing
units which are subject to *RCW 82.44.020(4) shall, upon
application, be issued a permanent license plate that is valid
until the vehicle is sold, permanently removed from the state,
or otherwise disposed of by the registered owner. The fee for
this license plate is thirty-six dollars. Upon the sale, perma(2004 Ed.)
46.16.070
nent removal from the state, or other disposition of a trailing
unit bearing a permanent license plate the registered owner is
required to return the license plate and registration certificate
to the department. Violations of this section or misuse of a
permanent license plate may subject the registered owner to
prosecution or denial, or both, of future permanent registration of any trailing units. This section does not apply to any
trailing units subject to the annual excise taxes prescribed in
*RCW 82.44.020. The department is authorized to adopt
rules to implement this section for leased vehicles and other
applications as necessary. [1998 c 321 § 32 (Referendum
Bill No. 49, approved November 3, 1998); 1993 c 123 § 4.]
*Reviser's note: RCW 82.44.020 was repealed by 2000 1st sp.s. c 1 §
2.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note following
RCW 35.58.410.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070.
46.16.070
46.16.070 License fee on trucks, buses, and for hire
vehicles based on gross weight. (1) In lieu of all other vehicle licensing fees, unless specifically exempt, and in addition
to the mileage fees prescribed for buses and stages in RCW
46.16.125, there shall be paid and collected annually for each
truck, motor truck, truck tractor, road tractor, tractor, bus,
auto stage, or for hire vehicle with seating capacity of more
than six, based upon the declared combined gross weight or
declared gross weight under chapter 46.44 RCW, the following licensing fees by such gross weight:
DECLARED GROSS WEIGHT
4,000 lbs.. . . . . . . . . . . . . .
6,000 lbs.. . . . . . . . . . . . . .
8,000 lbs.. . . . . . . . . . . . . .
10,000 lbs.. . . . . . . . . . . . . .
12,000 lbs.. . . . . . . . . . . . . .
14,000 lbs.. . . . . . . . . . . . . .
16,000 lbs.. . . . . . . . . . . . . .
18,000 lbs.. . . . . . . . . . . . . .
20,000 lbs.. . . . . . . . . . . . . .
22,000 lbs.. . . . . . . . . . . . . .
24,000 lbs.. . . . . . . . . . . . . .
26,000 lbs.. . . . . . . . . . . . . .
28,000 lbs.. . . . . . . . . . . . . .
30,000 lbs.. . . . . . . . . . . . . .
32,000 lbs.. . . . . . . . . . . . . .
34,000 lbs.. . . . . . . . . . . . . .
36,000 lbs.. . . . . . . . . . . . . .
38,000 lbs.. . . . . . . . . . . . . .
40,000 lbs.. . . . . . . . . . . . . .
42,000 lbs.. . . . . . . . . . . . . .
44,000 lbs.. . . . . . . . . . . . . .
46,000 lbs.. . . . . . . . . . . . . .
48,000 lbs.. . . . . . . . . . . . . .
50,000 lbs.. . . . . . . . . . . . . .
52,000 lbs.. . . . . . . . . . . . . .
54,000 lbs.. . . . . . . . . . . . . .
56,000 lbs.. . . . . . . . . . . . . .
58,000 lbs.. . . . . . . . . . . . . .
60,000 lbs.. . . . . . . . . . . . . .
62,000 lbs.. . . . . . . . . . . . . .
64,000 lbs.. . . . . . . . . . . . . .
66,000 lbs.. . . . . . . . . . . . . .
68,000 lbs.. . . . . . . . . . . . . .
70,000 lbs.. . . . . . . . . . . . . .
72,000 lbs.. . . . . . . . . . . . . .
74,000 lbs.. . . . . . . . . . . . . .
SCHEDULE A
SCHEDULE B
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
30.00. . . . . . . . . .
30.00. . . . . . . . . .
30.00. . . . . . . . . .
62.00. . . . . . . . . .
79.00. . . . . . . . . .
90.00. . . . . . . . . .
102.00. . . . . . . . . .
154.00. . . . . . . . . .
171.00. . . . . . . . . .
185.00. . . . . . . . . .
200.00. . . . . . . . . .
211.00. . . . . . . . . .
249.00. . . . . . . . . .
287.00. . . . . . . . . .
346.00. . . . . . . . . .
368.00. . . . . . . . . .
399.00. . . . . . . . . .
438.00. . . . . . . . . .
501.00. . . . . . . . . .
521.00. . . . . . . . . .
532.00. . . . . . . . . .
572.00. . . . . . . . . .
596.00. . . . . . . . . .
647.00. . . . . . . . . .
680.00. . . . . . . . . .
734.00. . . . . . . . . .
775.00. . . . . . . . . .
806.00. . . . . . . . . .
859.00. . . . . . . . . .
921.00. . . . . . . . . .
941.00. . . . . . . . . .
1,048.00. . . . . . . . . .
1,093.00. . . . . . . . . .
1,177.00. . . . . . . . . .
1,259.00. . . . . . . . . .
1,368.00. . . . . . . . . .
30.00
30.00
30.00
62.00
79.00
90.00
102.00
154.00
171.00
185.00
200.00
211.00
249.00
287.00
346.00
368.00
399.00
438.00
501.00
611.00
622.00
662.00
686.00
737.00
770.00
824.00
865.00
896.00
949.00
1,011.00
1,031.00
1,138.00
1,183.00
1,267.00
1,349.00
1,458.00
[Title 46 RCW—page 53]
46.16.071
76,000 lbs. . . . . . . . . . . . . . .
78,000 lbs. . . . . . . . . . . . . . .
80,000 lbs. . . . . . . . . . . . . . .
82,000 lbs. . . . . . . . . . . . . . .
84,000 lbs. . . . . . . . . . . . . . .
86,000 lbs. . . . . . . . . . . . . . .
88,000 lbs. . . . . . . . . . . . . . .
90,000 lbs. . . . . . . . . . . . . . .
92,000 lbs. . . . . . . . . . . . . . .
94,000 lbs. . . . . . . . . . . . . . .
96,000 lbs. . . . . . . . . . . . . . .
98,000 lbs. . . . . . . . . . . . . . .
100,000 lbs. . . . . . . . . . . . . . .
102,000 lbs. . . . . . . . . . . . . . .
104,000 lbs. . . . . . . . . . . . . . .
105,500 lbs. . . . . . . . . . . . . . .
Title 46 RCW: Motor Vehicles
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
1,478.00 . . . . . . . . .
1,614.00 . . . . . . . . .
1,742.00 . . . . . . . . .
1,863.00 . . . . . . . . .
1,983.00 . . . . . . . . .
2,104.00 . . . . . . . . .
2,225.00 . . . . . . . . .
2,346.00 . . . . . . . . .
2,466.00 . . . . . . . . .
2,587.00 . . . . . . . . .
2,708.00 . . . . . . . . .
2,829.00 . . . . . . . . .
2,949.00 . . . . . . . . .
3,070.00 . . . . . . . . .
3,191.00 . . . . . . . . .
3,312.00 . . . . . . . . .
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
1,568.00
1,704.00
1,832.00
1,953.00
2,073.00
2,194.00
2,315.00
2,436.00
2,556.00
2,677.00
2,798.00
2,919.00
3,039.00
3,160.00
3,281.00
3,402.00
Schedule A applies to vehicles either used exclusively
for hauling logs or that do not tow trailers. Schedule B
applies to vehicles that tow trailers and are not covered under
Schedule A.
Every truck, motor truck, truck tractor, and tractor
exceeding 6,000 pounds empty scale weight registered under
chapter 46.16, 46.87, or 46.88 RCW shall be licensed for not
less than one hundred fifty percent of its empty weight unless
the amount would be in excess of the legal limits prescribed
for such a vehicle in RCW 46.44.041 or 46.44.042, in which
event the vehicle shall be licensed for the maximum weight
authorized for such a vehicle or unless the vehicle is used
only for the purpose of transporting any well drilling
machine, air compressor, rock crusher, conveyor, hoist, donkey engine, cook house, tool house, bunk house, or similar
machine or structure attached to or made a part of such vehicle.
The following provisions apply when increasing gross or
combined gross weight for a vehicle licensed under this section:
(a) The new license fee will be one-twelfth of the fee
listed above for the new gross weight, multiplied by the number of months remaining in the period for which licensing
fees have been paid, including the month in which the new
gross weight is effective.
(b) Upon surrender of the current certificate of registration or cab card, the new licensing fees due shall be reduced
by the amount of the licensing fees previously paid for the
same period for which new fees are being charged.
(2) The proceeds from the fees collected under subsection (1) of this section shall be distributed in accordance with
RCW 46.68.035. [2003 c 361 § 201; 2003 c 1 § 3 (Initiative
Measure No. 776, approved November 5, 2002); 1994 c 262
§ 8; 1993 sp.s. c 23 § 60. Prior: 1993 c 123 § 5; 1993 c 102
§ 1; 1990 c 42 § 105; 1989 c 156 § 1; prior: 1987 1st ex.s. c
9 § 4; 1987 c 244 § 3; 1986 c 18 § 4; 1985 c 380 § 15; 1975'76 2nd ex.s. c 64 § 1; 1969 ex.s. c 281 § 54; 1967 ex.s. c 118
§ 1; 1967 ex.s. c 83 § 56; 1961 ex.s. c 7 § 11; 1961 c 12 §
46.16.070; prior: 1957 c 273 § 1; 1955 c 363 § 2; prior: 1951
c 269 § 9; 1950 ex.s. c 15 § 1, part; 1939 c 182 § 3, part; 1937
c 188 § 17, part; 1931 c 140 § 1, part; 1921 c 96 § 15, part;
1919 c 46 § 1, part; 1917 c 155 § 10, part; 1915 c 142 § 15,
part; Rem. Supp. 1949 § 6312-17, part; RRS § 6326, part.]
Reviser's note: This section was amended by 2003 c 1 § 3 (Initiative
Measure No. 776) and by 2003 c 361 § 201, each without reference to the
other. Both amendments are incorporated in the publication of this section
under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
[Title 46 RCW—page 54]
Application—2003 c 361 § 201: "Section 201 of this act is effective
with registrations that are due or will become due August 1, 2003, and thereafter." [2003 c 361 § 704.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Construction—Intent—2003 c 1 (Initiative Measure No. 776): See
notes following RCW 46.16.0621.
Severability—Savings—2003 c 1 (Initiative Measure No. 776): See
note following RCW 81.104.160.
Effective date—1994 c 262 §§ 8, 28: "Sections 8 and 28 of this act take
effect July 1, 1994." [1994 c 262 § 29.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: "Chapter
102, Laws of 1993 and chapter 123, Laws of 1993 each take effect January
1, 1994." [1993 sp.s. c 23 § 66.]
Effective dates—1993 sp.s. c 23: See note following RCW 43.89.010.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Application—1989 c 156: "This act first applies to the renewal of vehicle registrations that have a December 1990 or later expiration date and all
initial vehicle registrations that are effective on or after January 1, 1990."
[1989 c 156 § 5.]
Severability—Effective date—1987 1st ex.s. c 9: See notes following
RCW 46.29.050.
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
Effective dates—1975-'76 2nd ex.s. c 64: "Sections 1, 2, and 5 through
24 of this 1976 amendatory act shall take effect on July 1, 1976, and sections
3 and 4 of this 1976 amendatory act shall take effect on January 1, 1977. All
current and outstanding valid licenses and permits held by licensees on July
1, 1976, shall remain valid until their expiration dates, but renewals and original applications made after July 1, 1976, shall be governed by the law in
effect at the time such renewal or application is made." [1975-'76 2nd ex.s.
c 64 § 25.]
Severability—1975-'76 2nd ex.s. c 64: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-'76 2nd ex.s. c 64 § 26.]
Effective date—1969 ex.s. c 281: See note following RCW 46.88.010.
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
46.16.071
46.16.071 Additional fees. (1) In addition to the fees
set forth in RCW 46.16.070, there shall be paid and collected
annually upon registration, a fee of one dollar for each truck,
motor truck, truck tractor, road tractor, tractor, bus, auto
stage, or for hire vehicle with seating capacity of more than
six, notwithstanding the provisions of RCW 46.16.070.
(2) In addition to the fees set forth in RCW 46.16.085,
there shall be paid and collected annually upon registration, a
fee of one dollar for each trailer, semitrailer, and pole trailer,
notwithstanding the provisions of RCW 46.16.085.
(3) The proceeds from the fees collected under subsections (1) and (2) of this section shall be deposited into the
highway safety fund, except that for each vehicle registered
by a county auditor or agent to a county auditor under RCW
46.01.140, the proceeds shall be credited to the current
county expense fund. [1996 c 315 § 4.]
Effective dates—1996 c 315 §§ 1, 4, 5: See note following RCW
46.01.140.
46.16.073
46.16.073 Federal heavy vehicle use tax. The department may refuse registration of a vehicle if the applicant has
failed to furnish proof, acceptable to the department, that the
(2004 Ed.)
Vehicle Licenses
federal heavy vehicle use tax imposed by section 4481 of the
internal revenue code of 1954 has been paid.
The department may adopt rules as deemed necessary to
administer this section. [1985 c 79 § 1.]
46.16.079
46.16.079 Fixed load motor vehicle equipped for lifting or towing—Capacity fee in addition to and in lieu.
The licensee of any fixed load motor vehicle equipped for
lifting or towing any disabled, impounded, or abandoned
vehicle or part thereof, may pay a capacity fee of twenty-five
dollars in addition to all other fees required for the annual
licensing of motor vehicles in lieu of the licensing fees provided in RCW 46.16.070. [1986 c 18 § 5; 1975 c 25 § 16;
1963 c 18 § 1.]
Effective date—1986 c 18: See RCW 46.87.901.
46.16.085
46.16.085 Commercial trailers, pole trailers—Fee in
lieu. In lieu of all other licensing fees, an annual license fee
of thirty-six dollars shall be collected in addition to the excise
tax prescribed in chapter 82.44 RCW for: (1) Each trailer and
semitrailer not subject to the license fee under *RCW
46.16.065 or the capacity fees under **RCW 46.16.080; (2)
every pole trailer. The proceeds from this fee shall be distributed in accordance with RCW 46.68.035. This section does
not pertain to travel trailers or personal use trailers that are
not used for commercial purposes or owned by commercial
enterprises. [1991 c 163 § 3; 1989 c 156 § 2; 1987 c 244 § 4;
1986 c 18 § 8; 1985 c 380 § 16.]
Reviser's note: *(1) RCW 46.16.065 was repealed by 2002 c 352 § 28.
**(2) RCW 46.16.080 was repealed by 1994 c 262 § 28, effective July
1, 1994.
Application—1989 c 156: See note following RCW 46.16.070.
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
46.16.088
46.16.088 Transfer of license plates—Penalty.
Except as provided in RCW 46.16.290, the transfer of license
plates issued pursuant to this chapter between two or more
vehicles is a traffic infraction subject to a fine not to exceed
five hundred dollars. Any law enforcement agency that determines that a license plate has been transferred between two or
more vehicles shall confiscate the license plates and return
them to the department for nullification along with full
details of the reasons for confiscation. Each vehicle identified
in the transfer will be issued a new license plate upon application by the owner or owners thereof and payment of the full
fees and taxes. [1986 c 18 § 9; 1985 c 380 § 17.]
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
46.16.090
46.16.090 Gross weight fees on farm vehicles—Penalty. Motor trucks, truck tractors, and tractors may be specially licensed based on the declared gross weight thereof for
the various amounts set forth in the schedule provided in
RCW 46.16.070 less twenty-three dollars; divide the difference by two and add twenty-three dollars, when such vehicles
are owned and operated by farmers, but only if the following
condition or conditions exist:
(1) When such vehicles are to be used for the transportation of the farmer's own farm, orchard, or dairy products, or
(2004 Ed.)
46.16.111
the farmer's own private sector cultured aquatic products as
defined in RCW 15.85.020, from point of production to market or warehouse, and of supplies to be used on the farmer's
farm. Fish other than those that are such private sector cultured aquatic products and forestry products are not considered as farm products; and/or
(2) When such vehicles are to be used for the infrequent
or seasonal transportation by one farmer for another farmer in
the farmer's neighborhood of products of the farm, orchard,
dairy, or aquatic farm owned by the other farmer from point
of production to market or warehouse, or supplies to be used
on the other farm, but only if transportation for another
farmer is for compensation other than money. Farmers shall
be permitted an allowance of an additional eight thousand
pounds, within the legal limits, on such vehicles, when used
in the transportation of the farmer's own farm machinery
between the farmer's own farm or farms and for a distance of
not more than thirty-five miles from the farmer's farm or
farms.
The department shall prepare a special form of application to be used by farmers applying for licenses under this
section, which form shall contain a statement to the effect
that the vehicle concerned will be used subject to the limitations of this section. The department shall prepare special
insignia which shall be placed upon all such vehicles to indicate that the vehicle is specially licensed, or may, in its discretion, substitute a special license plate for such vehicle for
such designation.
Operation of such a specially licensed vehicle in transportation upon public highways in violation of the limitations
of this section is a traffic infraction. [1989 c 156 § 3; 1986 c
18 § 10. Prior: 1985 c 457 § 16; 1985 c 380 § 18; 1979 ex.s.
c 136 § 45; 1977 c 25 § 1; 1969 ex.s. c 169 § 1; 1961 c 12 §
46.16.090; prior: 1957 c 273 § 13; 1955 c 363 § 6; prior:
1953 c 227 § 1; 1951 c 269 § 12; 1950 ex.s. c 15 § 1, part;
1949 c 220 § 10, part; 1947 c 200 § 15, part; 1941 c 224 § 1,
part; 1939 c 182 § 3, part; 1937 c 188 § 17, part; Rem. Supp.
1949 § 6312-17, part; 1931 c 140 § 1, part; 1921 c 96 § 15,
part; 1919 c 46 § 1, part; 1917 c 155 § 10, part; 1915 c 142 §
15, part; RRS § 6326, part.]
Application—1989 c 156: See note following RCW 46.16.070.
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Unprocessed agricultural products, license for transport: RCW 20.01.120.
46.16.111
46.16.111 Gross weight, how computed. The gross
weight in the case of any motor truck, tractor, or truck tractor
shall be the scale weight of the motor truck, tractor, or truck
tractor, plus the scale weight of any trailer, semitrailer, converter gear, or pole trailer to be towed thereby, to which shall
be added the weight of the maximum load to be carried
thereon or towed thereby as set by the licensee in the application if it does not exceed the weight limitations prescribed by
chapter 46.44 RCW. If the sum of the scale weight and maximum load of the trailer is not greater than four thousand
pounds, that sum shall not be computed as part of the gross
weight of any motor truck, tractor, or truck tractor. Where the
trailer is a utility trailer, travel trailer, horse trailer, or boat
[Title 46 RCW—page 55]
46.16.121
Title 46 RCW: Motor Vehicles
trailer, for the personal use of the owner of the truck, tractor,
or truck tractor, and not for sale or commercial purposes, the
gross weight of such trailer and its load shall not be computed
as part of the gross weight of any motor truck, tractor, or
truck tractor. The weight of any camper is exempt from the
determination of gross weight in the computation of any
licensing fees required under RCW 46.16.070.
The gross weight in the case of any bus, auto stage, or for
hire vehicle, except taxicabs, with a seating capacity over six,
shall be the scale weight of each bus, auto stage, and for hire
vehicle plus the seating capacity, including the operator's
seat, computed at one hundred and fifty pounds per seat.
If the resultant gross weight, according to this section, is
not listed in RCW 46.16.070, it shall be increased to the next
higher gross weight so listed pursuant to chapter 46.44 RCW.
[1987 c 244 § 5; 1986 c 18 § 11; 1971 ex.s. c 231 § 1; 1969
ex.s. c 170 § 6; 1967 ex.s. c 83 § 57.]
Effective date—1986 c 18: See RCW 46.87.901.
Effective date—1971 c 231: See note following RCW 46.01.130.
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
46.16.121
46.16.121 Seating capacity fees on stages, for hire
vehicles. In addition to other fees for the licensing of vehicles, there shall be paid and collected annually, for each auto
stage and for hire vehicle, except taxicabs, with a seating
capacity of six or less the sum of fifteen dollars. [1967 ex.s.
c 83 § 58.]
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
46.16.125
46.16.125 Mileage fees on stages—Penalty. In addition to the fees required by RCW 46.16.070, operators of auto
stages with seating capacity over six shall pay, at the time
they file gross earning returns with the utilities and transportation commission, the sum of fifteen cents for each one hundred vehicle miles operated by each auto stage over the public highways of this state. However, in the case of each auto
stage propelled by steam, electricity, natural gas, diesel oil,
butane, or propane, the payment required in this section is
twenty cents per one hundred miles of such operation. The
commission shall transmit all sums so collected to the state
treasurer, who shall deposit the same in the motor vehicle
fund. Any person failing to make any payment required by
this section is subject to a penalty of one hundred percent of
the payment due in this section, in addition to any penalty
provided for failure to submit a report. Any penalties so collected shall be credited to the public service revolving fund.
[1997 c 215 § 2; 1967 ex.s. c 83 § 60; 1961 c 12 § 46.16.125.
Prior: 1951 c 269 § 14.]
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
if for less than a full year. An additional fee of two dollars
shall be collected each time a license fee is paid.
Operation of a vehicle licensed under the provisions of
this section by any person upon the public highways after the
expiration of the monthly license is a traffic infraction, and in
addition the person shall be required to pay a license fee for
the vehicle involved covering an entire registration year's
operation, less the fees for any registration month or months
of the registration year already paid. If, within five days, no
license fee for a full registration year has been paid as
required aforesaid, the Washington state patrol, county sheriff, or city police shall impound such vehicle in such manner
as may be directed for such cases by the chief of the Washington state patrol, until such requirement is met. [1986 c 18
§ 12; 1985 c 380 § 19; 1979 ex.s. c 136 § 46; 1979 c 134 § 1;
1975-'76 2nd ex.s. c 64 § 3; 1975 1st ex.s. c 118 § 6; 1969
ex.s. c 170 § 7; 1961 c 12 § 46.16.135. Prior: 1951 c 269 §
16.]
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
Effective date—Severability—1975 1st ex.s. c 118: See notes following RCW 46.16.006.
46.16.140
46.16.140 Overloading licensed capacity—Additional license—Penalties—Exceptions. It is a traffic infraction for any person to operate, or cause, permit, or suffer to be
operated upon a public highway of this state any bus, auto
stage, motor truck, truck tractor, or tractor, with passengers,
or with a maximum gross weight, in excess of that for which
the motor vehicle or combination is licensed.
Any person who operates or causes to be operated upon
a public highway of this state any motor truck, truck tractor,
or tractor with a maximum gross weight in excess of the maximum gross weight for which the vehicle is licensed shall be
deemed to have set a new maximum gross weight and shall,
in addition to any penalties otherwise provided, be required
to purchase a new license covering the new maximum gross
weight, and any failure to secure such new license is a traffic
infraction. No such person may be permitted or required to
purchase the new license for a gross weight or combined
gross weight which would exceed the maximum gross weight
or combined gross weight allowed by law. This section does
not apply to for hire vehicles, buses, or auto stages operating
principally within cities and towns. [1986 c 18 § 13; 1979
ex.s. c 136 § 47; 1961 c 12 § 46.16.140. Prior: 1955 c 384 §
16; 1951 c 269 § 18; 1937 c 188 § 25, part; RRS § 6312-25,
part.]
Effective date—1986 c 18: See RCW 46.87.901.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.16.135
46.16.135 Monthly license fee—Penalty. The annual
vehicle licensing fees as provided in RCW 46.16.070 for any
motor vehicle or combination of vehicles having a declared
gross weight in excess of twelve thousand pounds may be
paid for any full registration month or months at one-twelfth
of the usual annual fee plus two dollars, this sum to be multiplied by the number of full months for which the fees are paid
[Title 46 RCW—page 56]
46.16.145
46.16.145 Overloading licensed capacity—Penalties.
Any person violating any of the provisions of RCW
46.16.140 shall, upon a first offense, pay a penalty of not less
than twenty-five dollars nor more than fifty dollars; upon a
second offense pay a penalty of not less than fifty dollars nor
more than one hundred dollars, and in addition the court may
(2004 Ed.)
Vehicle Licenses
suspend the certificate of license registration of the vehicle
for not more than thirty days; upon a third and subsequent
offense pay a penalty of not less than one hundred dollars nor
more than two hundred dollars, and in addition the court shall
suspend the certificate of license registration of the vehicle
for not less than thirty days nor more than ninety days.
Upon ordering the suspension of any certificate of
license registration, the court or judge shall forthwith secure
such certificate and mail it to the director. [1979 ex.s. c 136
§ 48; 1975-'76 2nd ex.s. c 64 § 5; 1961 c 12 § 46.16.145.
Prior: 1951 c 269 § 19; 1937 c 188 § 25, part; RRS § 631225, part.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.16.150
46.16.150 School buses exempt from load and seat
capacity fees. No provision of the law of this state shall be
construed to require for hire vehicle license or adult seating
capacity fees, either directly or indirectly for the transportation of school children or teachers, or both, to and from
school and other school activities, or either, whether the same
be done in motor vehicles owned, leased, rented or used by
the school authority or upon contract to furnish such transportation: PROVIDED, That this section shall apply to vehicles used exclusively for the purpose set forth and in the
event that any vehicle so used is also used for any other purpose, such vehicle shall be appropriately licensed for such
other purpose, as required by this chapter. [1961 c 12 §
46.16.150. Prior: 1937 c 188 § 22; RRS § 6312-22.]
46.16.160
46.16.160 Vehicle trip permits—Restrictions and
requirements—Fees and taxes—Penalty—Rules. (1) The
owner of a vehicle which under reciprocal relations with
another jurisdiction would be required to obtain a license registration in this state or an unlicensed vehicle which would be
required to obtain a license registration for operation on public highways of this state may, as an alternative to such
license registration, secure and operate such vehicle under
authority of a trip permit issued by this state in lieu of a
Washington certificate of license registration, and licensed
gross weight if applicable. The licensed gross weight may not
exceed eighty thousand pounds for a combination of vehicles
nor forty thousand pounds for a single unit vehicle with three
or more axles. Trip permits are required for movement of
mobile homes or park model trailers and may only be issued
if property taxes are paid in full. For the purpose of this section, a vehicle is considered unlicensed if the licensed gross
weight currently in effect for the vehicle or combination of
vehicles is not adequate for the load being carried. Vehicles
registered under RCW 46.16.135 shall not be operated under
authority of trip permits in lieu of further registration within
the same registration year.
(2) Each trip permit shall authorize the operation of a
single vehicle at the maximum legal weight limit for such
vehicle for a period of three consecutive days commencing
with the day of first use. No more than three such permits
may be used for any one vehicle in any period of thirty consecutive days, except that in the case of a recreational vehicle
(2004 Ed.)
46.16.160
as defined in RCW 43.22.335, no more than two trip permits
may be used for any one vehicle in a one-year period. Every
permit shall identify, as the department may require, the vehicle for which it is issued and shall be completed in its entirety
and signed by the operator before operation of the vehicle on
the public highways of this state. Correction of data on the
permit such as dates, license number, or vehicle identification
number invalidates the permit. The trip permit shall be displayed on the vehicle to which it is issued as prescribed by the
department.
(3) Vehicles operating under authority of trip permits are
subject to all laws, rules, and regulations affecting the operation of like vehicles in this state.
(4) Prorate operators operating commercial vehicles on
trip permits in Washington shall retain the customer copy of
such permit for four years.
(5) Trip permits may be obtained from field offices of
the department of transportation, Washington state patrol,
department of licensing, or other agents appointed by the
department. The fee for each trip permit is fifteen dollars. For
each permit issued, the fee includes a filing fee as provided
by RCW 46.01.140 and an excise tax of one dollar. The
remaining portion of the trip permit fee must be deposited to
the credit of the motor vehicle fund as an administrative fee.
If the filing fee amount of three dollars as prescribed in RCW
46.01.140 is increased or decreased after July 1, 2002, the
administrative fee must be increased or decreased by the
same amount so that the total trip permit would be adjusted
equally to compensate. These fees and taxes are in lieu of all
other vehicle license fees and taxes. No exchange, credits, or
refunds may be given for trip permits after they have been
purchased.
(6) The department may appoint county auditors or businesses as agents for the purpose of selling trip permits to the
public. County auditors or businesses so appointed may
retain the filing fee collected for each trip permit to defray
expenses incurred in handling and selling the permits.
(7) A violation of or a failure to comply with any provision of this section is a gross misdemeanor.
(8) The department of licensing may adopt rules as it
deems necessary to administer this section.
(9) A surcharge of five dollars is imposed on the issuance of trip permits. The portion of the surcharge paid by
motor carriers must be deposited in the motor vehicle fund
for the purpose of supporting vehicle weigh stations, weighin-motion programs, and the commercial vehicle information
systems and networks program. The remaining portion of the
surcharge must be deposited in the motor vehicle fund for the
purpose of supporting congestion relief programs. All other
administrative fees and excise taxes collected under the provisions of this chapter shall be forwarded by the department
with proper identifying detailed report to the state treasurer
who shall deposit the administrative fees to the credit of the
motor vehicle fund and the excise taxes to the credit of the
general fund. Filing fees will be forwarded and reported to
the state treasurer by the department as prescribed in RCW
46.01.140. [2002 c 352 § 8; 2002 c 168 § 5; 1999 c 270 § 1;
1996 c 184 § 2; 1993 c 102 § 2; 1987 c 244 § 6; 1981 c 318 §
1; 1977 ex.s. c 22 § 5; 1975-'76 2nd ex.s. c 64 § 6; 1969 ex.s.
c 170 § 8; 1961 c 306 § 1; 1961 c 12 § 46.16.160. Prior: 1957
[Title 46 RCW—page 57]
46.16.180
Title 46 RCW: Motor Vehicles
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
shall not be required for those vehicles owned, rented, or
leased by the state of Washington, or by any county, city,
town, school district, or other political subdivision of the
state of Washington or a governing body of an Indian tribe
located within this state and recognized as a governmental
entity by the United States department of the interior. [2001
c 206 § 1; 1997 c 241 § 8; 1994 c 262 § 9; 1977 c 8 § 1. Prior:
1975 1st ex.s. c 169 § 6; 1975 1st ex.s. c 118 § 8; 1969 ex.s.
c 75 § 1; 1961 c 12 § 46.16.210; prior: 1957 c 273 § 5; 1955
c 89 § 2; 1953 c 252 § 3; 1947 c 164 § 11; 1937 c 188 § 34;
Rem. Supp. 1947 § 6312-34.]
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
Effective date—Severability—1975 1st ex.s. c 118: See notes following RCW 46.16.006.
c 273 § 3; 1955 c 384 § 17; 1949 c 174 § 1; 1947 c 176 § 1;
1937 c 188 § 24; Rem. Supp. 1949 § 6312-24.]
Reviser's note: This section was amended by 2002 c 168 § 5 and by
2002 c 352 § 8, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1996 c 184: See note following RCW 46.16.010.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070.
46.16.180
46.16.180 Unlawful to carry passengers for hire without license. It shall be unlawful for the owner or operator of
any vehicle not licensed annually for hire or as an auto stage
and for which additional seating capacity fee as required by
this chapter has not been paid, to carry passengers therein for
hire. [1961 c 12 § 46.16.180. Prior: 1937 c 188 § 20; RRS §
6312-20.]
Rental cars: RCW 46.87.023.
46.16.212
46.16.212 Notice of liability insurance requirement.
The department of licensing shall notify the public of the
requirements of RCW 46.30.020 through 46.30.040 at the
time of new vehicle registration and when the department
sends a registration renewal notice. [1989 c 353 § 10.]
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
46.16.200
46.16.200 Applications to agents—Transmittal to
director. Upon receipt by agents of the director, including
county auditors, of original applications for vehicle license
accompanied by the proper fees, such agents shall, if the
applications are in proper form and accompanied by such
information as may be required by the director, immediately
forward them, together with the fees to the director. [1961 c
12 § 46.16.200. Prior: 1955 c 259 § 1; 1955 c 89 § 4; 1947 c
164 § 10; 1937 c 188 § 33; Rem. Supp. 1947 § 6312-33; 1921
c 96 § 6, part; 1917 c 155 § 4, part; 1915 c 142 § 6, part; RRS
§ 6317, part.]
46.16.210
46.16.210 Original applications—Renewals—Fees—
Preissuance, when. (1) Upon receipt of the application and
proper fee for original vehicle license, the director shall make
a recheck of the application and in the event that there is any
error in the application it may be returned to the county auditor or other agent to effectively secure the correction of such
error, who shall return the same corrected to the director.
(2) Application for the renewal of a vehicle license shall
be made to the director or his agents, including county auditors, by the registered owner on a form prescribed by the
director. The application must be accompanied by the payment of such license fees and excise tax as may be required
by law. Such application shall be handled in the same manner
and the fees transmitted to the state treasurer in the same
manner as in the case of an original application. Any such
application which upon validation becomes a renewal certificate need not have entered upon it the name of the lien holder,
if any, of the vehicle concerned.
(3) Persons expecting to be out of the state during the
normal renewal period of a vehicle license may secure
renewal of such vehicle license and have license plates or
tabs preissued by making application to the director or his
agents upon forms prescribed by the director. The application
must be accompanied by such license fees, and excise tax as
may be required by law.
(4) Application for the annual renewal of a vehicle
license number plate to the director or the director's agents
[Title 46 RCW—page 58]
46.16.216 Payment of parking fines required for
renewal. (1) To renew a vehicle license, an applicant shall
satisfy all listed standing, stopping, and parking violations,
and other infractions issued under RCW 46.63.030(1)(d) for
the vehicle incurred while the vehicle was registered in the
applicant's name and forwarded to the department pursuant to
RCW 46.20.270(3). For the purposes of this section, "listed"
standing, stopping, and parking violations, and other infractions issued under RCW 46.63.030(1)(d) include only those
violations for which notice has been received from state or
local agencies or courts by the department one hundred
twenty days or more before the date the vehicle license
expires and that are placed on the records of the department.
Notice of such violations received by the department later
than one hundred twenty days before that date that are not
satisfied shall be considered by the department in connection
with any applications for license renewal in any subsequent
license year. The renewal application may be processed by
the department or its agents only if the applicant:
(a) Presents a preprinted renewal application showing no
listed standing, stopping, or parking violations, or other
infractions issued under RCW 46.63.030(1)(d), or in the
absence of such presentation, the agent verifies the information that would be contained on the preprinted renewal application; or
(b) If listed standing, stopping, or parking violations, or
other infractions issued under RCW 46.63.030(1)(d) exist,
presents proof of payment and pays a fifteen dollar surcharge.
(2) The surcharge shall be allocated as follows:
(a) Ten dollars shall be deposited in the motor vehicle
fund to be used exclusively for the administrative costs of the
department of licensing; and
(b) Five dollars shall be retained by the agent handling
the renewal application to be used by the agent for the administration of this section.
(3) If there is a change in the registered owner of the
vehicle, the department shall forward the information regarding the change to the state or local charging jurisdiction and
46.16.216
(2004 Ed.)
Vehicle Licenses
release any hold on the renewal of the vehicle license resulting from parking violations or other infractions issued under
RCW 46.63.030(1)(d) incurred while the certificate of
license registration was in a previous registered owner's
name.
(4) The department shall send to all registered owners of
vehicles who have been reported to have outstanding listed
parking violations or other infractions issued under RCW
46.63.030(1)(d), at the time of renewal, a statement setting
out the dates and jurisdictions in which the violations
occurred as well as the amounts of unpaid fines and penalties
relating to them and the surcharge to be collected. [2004 c
231 § 4; 1990 2nd ex.s. c 1 § 401; 1984 c 224 § 1.]
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Severability—1984 c 224: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 224 § 5.]
Effective date—1984 c 224: "This act shall take effect on July 1,
1984." [1984 c 224 § 6.]
46.16.220
46.16.220 Time of renewal of licenses—Duration.
Vehicle licenses and vehicle license number plates may be
renewed for the subsequent registration year up to eighteen
months before the current expiration date and must be used
and displayed from the date of issue or from the day of the
expiration of the preceding registration year, whichever date
is later. [1997 c 241 § 9; 1991 c 339 § 20; 1975 1st ex.s. c 118
§ 9; 1969 ex.s. c 170 § 9; 1961 c 12 § 46.16.220. Prior: 1957
c 261 § 8; 1955 c 89 § 1; 1953 c 252 § 4; 1947 c 164 § 12;
1937 c 188 § 35; Rem. Supp. 1947 § 6312-35; 1921 c 96 § 7,
part; RRS § 6318, part; 1921 c 6 § 1, part; 1916 c 142 § 7,
part.]
Effective date—Severability—1975 1st ex.s. c 118: See notes following RCW 46.16.006.
46.16.233
46.16.230
46.16.230 License plates furnished. The director shall
furnish to all persons making satisfactory application for
vehicle license as provided by law, two identical vehicle
license number plates each containing the vehicle license
number to be displayed on such vehicle as by law required:
PROVIDED, That if the vehicle to be licensed is a trailer,
semitrailer or motorcycle only one vehicle license number
plate shall be issued for each thereof. The number and plate
shall be of such size and color and shall contain such symbols
indicative of the registration period for which the same is
issued and of the state of Washington, as shall be determined
and prescribed by the director. Any vehicle license number
plate or plates issued to a dealer shall contain thereon a sufficient and satisfactory indication that such plates have been
issued to a dealer in vehicles. All vehicle license number
plates may be obtained by the director from the metal working plant of a state correctional facility or from any source in
accordance with existing state of Washington purchasing
procedures.
Notwithstanding the foregoing provisions of this section,
the director may, in his discretion and under such rules and
regulations as he may prescribe, adopt a type of vehicle
license number plates whereby the same shall be used as long
as legible on the vehicle for which issued, with provision for
tabs or emblems to be attached thereto or elsewhere on the
vehicle to signify renewals, in which event the term "vehicle
license number plate" as used in any enactment shall be
deemed to include in addition to such plate the tab or emblem
signifying renewal except when such plate contains the designation of the current year without reference to any tab or
emblem. Renewals shall be effected by the issuance and display of such tab or emblem. [1992 c 7 § 41; 1975 c 25 § 19;
1961 c 12 § 46.16.230. Prior: 1957 c 261 § 9; 1949 c 90 § 1;
1939 c 182 § 5; 1937 c 188 § 28; Rem. Supp. 1949 § 631228; 1921 c 96 § 12; 1921 c 6 § 2; 1919 c 59 § 7; 1917 c 155 §
8; 1915 c 142 § 12; RRS § 6323.]
46.16.233
46.16.225
46.16.225 Adjustment of vehicle registration periods
to stagger renewal periods. Notwithstanding any provision
of law to the contrary, the department may extend or diminish
vehicle license registration periods for the purpose of staggering renewal periods. Such extension or diminishment of a
vehicle license registration period shall be by rule of the
department adopted in accordance with the provisions of
chapter 34.05 RCW. The rules may provide for the omission
of any classes or classifications of vehicle from the staggered
renewal system and may provide for the gradual introduction
of classes or classifications of vehicles into the system. The
rules shall provide for the collection of proportionately
increased or decreased vehicle license registration fees and of
excise or property taxes required to be paid at the time of registration.
It is the intent of the legislature that there shall be neither
a significant net gain nor loss of revenue to the state general
fund or the motor vehicle fund as the result of implementing
and maintaining a staggered vehicle registration system.
[1986 c 18 § 15; 1979 c 158 § 140; 1975 1st ex.s. c 118 § 2.]
Effective date—1986 c 18: See RCW 46.87.901.
Effective date—Severability—1975 1st ex.s. c 118: See notes following RCW 46.16.006.
(2004 Ed.)
46.16.233 Standard background—Periodic replacement—Retention of current plate number. (1) Except for
those license plates issued under RCW 46.16.305(1) before
January 1, 1987, under RCW 46.16.305(3), and to commercial vehicles with a gross weight in excess of twenty-six thousand pounds, effective with vehicle registrations due or to
become due on January 1, 2001, the appearance of the background of all vehicle license plates may vary in color and
design but must be legible and clearly identifiable as a Washington state license plate, as designated by the department.
Additionally, to ensure maximum legibility and reflectivity,
the department shall periodically provide for the replacement
of license plates, except for commercial vehicles with a gross
weight in excess of twenty-six thousand pounds. Frequency
of replacement shall be established in accordance with empirical studies documenting the longevity of the reflective materials used to make license plates.
(2) Special license plate series approved by the special
license plate review board created under RCW 46.16.705 and
enacted by the legislature may display a symbol or artwork
approved by the special license plate review board.
(3) By November 1, 2003, in providing for the periodic
replacement of license plates, the department shall offer to
vehicle owners the option of retaining their current license
[Title 46 RCW—page 59]
46.16.235
Title 46 RCW: Motor Vehicles
plate numbers. The department shall charge a retention fee of
twenty dollars if this option is exercised. Revenue generated
from the retention fee must be deposited into the multimodal
transportation account. [2003 c 361 § 501; 2003 c 196 § 401;
2000 c 37 § 1; 1997 c 291 § 2.]
Reviser's note: This section was amended by 2003 c 196 § 401 and by
2003 c 361 § 501, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
change, alter, or make the vehicle license number plates illegible. It shall be unlawful for any person to operate any vehicle
unless there shall be displayed thereon valid vehicle license
number plates attached as herein provided. [1987 c 330 §
704; 1987 c 142 § 3; 1969 ex.s. c 170 § 10; 1967 c 32 § 18;
1961 c 12 § 46.16.240. Prior: 1947 c 89 § 1; 1937 c 188 § 36;
Rem. Supp. 1947 § 6312-36.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Reviser's note: This section was amended by 1987 c 142 § 3 and by
1987 c 330 § 704, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Part headings not law—2003 c 196: See note following RCW
46.16.700.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Illumination of plate: RCW 46.37.050.
46.16.235
46.16.235 State name not abbreviated. Vehicle
license number plates issued by the state of Washington commencing with the next general issuance of such plates shall be
so designed as to designate the name of the state of Washington in full without abbreviation. [1965 ex.s. c 78 § 2.]
46.16.237
46.16.237 Reflectorized materials—Fee. All vehicle
license number plates issued after January 1, 1968, or such
earlier date as the director may prescribe with respect to
plates issued in any county, shall be treated with fully reflectorized materials designed to increase the visibility and legibility of such plates at night. In addition to all other fees prescribed by law, there shall be paid and collected for each
vehicle license number plate treated with such materials, the
sum of fifty cents and for each set of two plates, the sum of
one dollar: PROVIDED, HOWEVER, One plate is available
only to those vehicles that by law require only one plate. Such
fees shall be deposited in the motor vehicle fund. [1987 c 52
§ 1; 1967 ex.s. c 145 § 60.]
Severability—1967 ex.s. c 145: See RCW 47.98.043.
46.16.240
46.16.240 Attachment of plates to vehicles—Violations enumerated. The vehicle license number plates shall
be attached conspicuously at the front and rear of each vehicle for which the same are issued and in such a manner that
they can be plainly seen and read at all times: PROVIDED,
That if only one license number plate is legally issued for any
vehicle such plate shall be conspicuously attached to the rear
of such vehicle. Each vehicle license number plate shall be
placed or hung in a horizontal position at a distance of not
less than one foot nor more than four feet from the ground
and shall be kept clean so as to be plainly seen and read at all
times: PROVIDED, HOWEVER, That in cases where the
body construction of the vehicle is such that compliance with
this section is impossible, permission to deviate therefrom
may be granted by the state patrol. It shall be unlawful to display upon the front or rear of any vehicle, vehicle license
number plate or plates other than those furnished by the
director for such vehicle or to display upon any vehicle any
vehicle license number plate or plates which have been in any
manner changed, altered, disfigured or have become illegible. License plate frames may be used on vehicle license
number plates only if the frames do not obscure license tabs
or identifying letters or numbers on the plates and the plates
can be plainly seen and read at all times. It is unlawful to use
any holders, frames, or any materials that in any manner
[Title 46 RCW—page 60]
46.16.260
46.16.260 License registration certificate—Signature
required—Carried in vehicle—Penalty—Inspection—
Exception. A certificate of license registration to be valid
must have endorsed thereon the signature of the registered
owner (if a firm or corporation, the signature of one of its
officers or other duly authorized agent) and must be carried in
the vehicle for which it is issued, at all times in the manner
prescribed by the department. It shall be unlawful for any
person to operate or have in his possession a vehicle without
carrying thereon such certificate of license registration. Any
person in charge of such vehicle shall, upon demand of any of
the local authorities or of any police officer or of any representative of the department, permit an inspection of such certificate of license registration. This section does not apply to
a vehicle for which annual renewal of its license plates is not
required and which is marked in accordance with the provisions of RCW 46.08.065. [1986 c 18 § 16; 1979 ex.s. c 113
§ 3; 1969 ex.s. c 170 § 11; 1967 c 32 § 19; 1961 c 12 §
46.16.260. Prior: 1955 c 384 § 18; 1937 c 188 § 8; RRS §
6312-8.]
Effective date—1986 c 18: See RCW 46.87.901.
46.16.265
46.16.265 Replacement certificate. If a certificate of
license registration is lost, stolen, mutilated, or destroyed or
becomes illegible, the registered owner or owners, as shown
by the records of the department, shall promptly make application for and may obtain a duplicate upon tender of one dollar and twenty-five cents in addition to all other fees and upon
furnishing information satisfactory to the department. The
duplicate of the license registration shall contain the legend,
"duplicate."
A person recovering an original certificate of license registration for which a duplicate has been issued shall promptly
surrender the original certificate to the department. [1997 c
241 § 6.]
46.16.270
46.16.270 Replacement of plates—Fee. The total
replacement plate fee shall be deposited in the motor vehicle
fund.
Upon the loss, defacement, or destruction of one or both
of the vehicle license number plates issued for any vehicle
where more than one plate was originally issued or where one
or both have become so illegible or in such a condition as to
be difficult to distinguish, or upon the owner's option, the
owner of the vehicle shall make application for new vehicle
(2004 Ed.)
Vehicle Licenses
license number plates upon a form furnished by the director.
The application shall be filed with the director or the director's authorized agent, accompanied by the certificate of
license registration of the vehicle and a fee in the amount of
three dollars per plate, whereupon the director, or the director's authorized agent, shall issue new vehicle license number
plates to the applicant. It shall be accompanied by a fee of
two dollars for a new motorcycle license number plate. In the
event the director has issued license period tabs or a windshield emblem instead of vehicle license number plates, and
upon the loss, defacement, or destruction of the tabs or windshield emblem, application shall be made on a form provided
by the director and in the same manner as above described,
and shall be accompanied by a fee of one dollar for each pair
of tabs or for each windshield emblem, whereupon the director shall issue to the applicant a duplicate pair of tabs, year
tabs, and when necessary month tabs or a windshield emblem
to replace those lost, defaced, or destroyed. For vehicles
owned, rented, or leased by the state of Washington or by any
county, city, town, school district, or other political subdivision of the state of Washington or United States government,
or owned or leased by the governing body of an Indian tribe
as defined in RCW 46.16.020, a fee shall be charged for
replacement of a vehicle license number plate only to the
extent required by the provisions of RCW 46.16.020,
*46.16.061, 46.16.237, and 46.01.140. For vehicles owned,
rented, or leased by foreign countries or international bodies
to which the United States government is a signatory by
treaty, the payment of any fee for the replacement of a vehicle
license number plate shall not be required. [1997 c 291 § 3;
1990 c 250 § 32; 1987 c 178 § 2. Prior: 1986 c 280 § 4; 1986
c 30 § 3; 1975 1st ex.s. c 169 § 7; 1965 ex.s. c 78 § 1; 1961 c
12 § 46.16.270; prior: 1951 c 269 § 6; 1947 c 164 § 13; 1937
c 188 § 37; Rem. Supp. 1947 § 6312-37; 1929 c 99 § 6; 1921
c 96 § 14; 1919 c 59 § 8; 1915 c 142 § 14; RRS § 6325.]
*Reviser's note: RCW 46.16.061 was repealed by 2000 1st sp.s. c 1 §
2.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.276
46.16.276 Implementing rules. The director may make
and enforce rules to implement this chapter. [1986 c 30 § 4.]
46.16.280
46.16.280 Sale, loss, or destruction of commercial
vehicle—Credit for unused fee—Change in license classification. In case of loss, destruction, sale, or transfer of any
motor vehicle with a registered gross weight in excess of
twelve thousand pounds and subject to the license fees under
RCW 46.16.070, the registered owner thereof may, under the
following conditions, obtain credit for the unused portion of
the licensing fee paid for the vehicle or may transfer such
credit to the new owner if desired:
(1) The licensing fee paid for the motor vehicle will be
reduced by one-twelfth for each calendar month and fraction
thereof elapsing between the first month of the current registration year in which the motor vehicle was registered and the
month the registrant surrenders the vehicle's registration certificate for the registration year to the department or an authorized agent of the department.
(2) If any such credit is less than fifteen dollars, no credit
may be given.
(2004 Ed.)
46.16.295
(3) The credit may only be applied against the licensing
fee liability due under RCW 46.16.070 for the replacement
motor vehicle or if such credit was transferred to the new
owner, it shall remain with the vehicle. The credit may only
be used during the registration year from which it was
obtained.
(4) In no event is such credit subject to refund.
Whenever any vehicle has been so altered as to change
its license classification in such a manner that the vehicle
license number plates are rendered improper, the current
license plates shall be surrendered to the department. New
license plates shall be issued upon application accompanied
by a one dollar fee in addition to any other or different charge
by reason of licensing under a new classification. Such application shall be on forms prescribed by the department and
forwarded with the proper fee to the department or the office
of a duly authorized agent of the department. [1987 c 244 §
7; 1986 c 18 § 17; 1967 c 32 § 20; 1961 c 12 § 46.16.280.
Prior: 1947 c 164 § 14; 1937 c 188 § 38; Rem. Supp. 1947 §
6312-38.]
Effective date—1986 c 18: See RCW 46.87.901.
46.16.290
46.16.290 Disposition of license plates, certificate on
vehicle transfer. (1) In any case of a valid sale or transfer of
the ownership of any vehicle, the right to the certificates
properly transferable therewith, except as provided in RCW
46.16.280, and to the vehicle license plates passes to the purchaser or transferee. It is unlawful for the holder of such certificates, except as provided in RCW 46.16.280, or vehicle
license plates to fail, neglect, or refuse to endorse the certificates and deliver the vehicle license plates to the purchaser or
transferee.
(2)(a) If the sale or transfer is of a vehicle licensed with
current standard issue license plates, the vehicle license
plates may be retained and displayed upon a vehicle obtained
in replacement of the vehicle so sold or transferred. If a person applies for a transfer of the plate or plates to another eligible vehicle, the plates must be transferred to a vehicle
requiring the same type of plate. A transfer fee of ten dollars
must be charged in addition to all other applicable fees. The
transfer fees must be deposited in the motor vehicle fund.
(b) If the sale or transfer is of a vehicle licensed by the
state or any county, city, town, school district, or other political subdivision entitled to exemption as provided by law, or,
if the vehicle is licensed with personalized plates, amateur
radio operator plates, medal of honor plates, disabled person
plates, disabled veteran plates, prisoner of war plates, or other
special license plates issued under RCW 46.16.301 as it
existed before amendment by section 5, chapter 291, Laws of
1997, the vehicle license plates therefor shall be retained and
may be displayed upon a vehicle obtained in replacement of
the vehicle so sold or transferred. [2004 c 223 § 3; 1997 c
291 § 4; 1986 c 18 § 18; 1983 c 27 § 2; 1961 c 12 § 46.16.290.
Prior: 1937 c 188 § 39; RRS § 6312-39; 1931 c 138 § 2; 1929
c 99 § 3; 1921 c 96 § 8; 1919 c 59 § 5; 1917 c 155 § 5; 1915
c 142 § 8; RRS § 6319.]
Effective date—1986 c 18: See RCW 46.87.901.
46.16.295
46.16.295 Returned plates—Reuse. The department
may, upon request, provide license plates that have been used
[Title 46 RCW—page 61]
46.16.301
Title 46 RCW: Motor Vehicles
and subsequently returned to the department to individuals
for nonvehicular use. The department may charge a fee of up
to five dollars per plate to cover costs of recovery, postage,
and handling. The department may waive the fee for plates
used in educational projects, and may, by rule, provide standards for the fee waiver and restrictions on the number of
plates provided to any one person. [2003 c 359 § 1.]
46.16.301
46.16.301 Baseball stadium license plates. The
department shall create, design, and issue a special baseball
stadium license plate that may be used in lieu of regular or
personalized license plates for motor vehicles required to display two motor vehicle license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions
established by the department. The special plates shall commemorate the construction of a baseball stadium, as defined
in RCW 82.14.0485. The department shall also issue to each
recipient of a special baseball stadium license plate a certificate of participation in the construction of the baseball stadium. [1997 c 291 § 5; 1995 3rd sp.s. c 1 § 102; 1994 c 194
§ 2; 1990 c 250 § 1.]
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes
following RCW 82.14.0485.
Effective dates—1990 c 250 §§ 1-13: "Sections 1 through 9, and 11
through 13 of this act shall take effect on January 1, 1991. Section 10 of this
act shall take effect on July 1, 1990." [1990 c 250 § 93.]
Severability—1990 c 250: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1990 c 250 § 92.]
State contribution for baseball stadium limited: RCW 82.14.0486.
46.16.305
46.16.305 Special license plates—Continuance of
earlier issues—Conditions for current issues. The department shall continue to issue the categories of special plates
issued by the department under the sections repealed under
section 12 (1) through (7), chapter 250, Laws of 1990. Special license plates issued under those repealed sections before
January 1, 1991, are valid to the extent and under the conditions provided in those repealed sections. The following conditions, limitations, or requirements apply to certain special
license plates issued after January 1, 1991:
(1) A horseless carriage plate and a plate or plates issued
for collectors' vehicles more than thirty years old, upon payment of the initial fees required by law and the additional special license plate fee established by the department, are valid
for the life of the vehicle for which application is approved by
the department. When a single plate is issued, it shall be displayed on the rear of the vehicle.
(2) The department may issue special license plates
denoting amateur radio operator status only to persons having
a valid official radio operator license issued by the federal
communications commission.
(3) The department shall issue one set of special license
plates to each resident of this state who has been awarded the
Congressional Medal of Honor for use on a passenger vehicle
registered to that person. The department shall issue the plate
without the payment of licensing fees and motor vehicle
excise tax.
(4) The department may issue for use on only one motor
vehicle owned by the qualified applicant special license
[Title 46 RCW—page 62]
plates denoting that the recipient of the plate is a survivor of
the attack on Pearl Harbor on December 7, 1941, to persons
meeting all of the following criteria:
(a) Is a resident of this state;
(b) Was a member of the United States Armed Forces on
December 7, 1941;
(c) Was on station on December 7, 1941, during the
hours of 7:55 a.m. to 9:45 a.m. Hawaii time at Pearl Harbor,
the island of Oahu, or offshore at a distance not to exceed
three miles;
(d) Received an honorable discharge from the United
States Armed Forces; and
(e) Is certified by a Washington state chapter of the Pearl
Harbor survivors association as satisfying the qualifications
in (c) of this subsection.
The department may issue such plates to the surviving
spouse of any deceased Pearl Harbor survivor who met the
requirements of this subsection. If the surviving spouse
remarries, he or she shall return the special plates to the
department within fifteen days and apply for regular plates.
The surviving spouse must be a resident of this state.
The department shall issue these plates upon payment by
the applicant of all other license fees, but the department may
not set or charge an additional fee for these special license
plates.
(5) The department shall replace, free of charge, special
license plates issued under subsections (3) and (4) of this section if they are lost, stolen, damaged, defaced, or destroyed.
Such plates shall remain with the persons upon transfer or
other disposition of the vehicle for which they were initially
issued, and may be used on another vehicle registered to the
recipient in accordance with the provisions of RCW
46.16.316(1). [1997 c 291 § 6; 1997 c 241 § 10; 1990 c 250
§ 2.]
Reviser's note: This section was amended by 1997 c 241 § 10 and by
1997 c 291 § 6, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Finding—1997 c 291: "The legislature finds that the proliferation of
special license plate series has decreased the ready identification of vehicles
by law enforcement, and increased the amount of computer programming
conducted by the department of licensing, thereby increasing costs. Furthermore, rarely has the actual demand for special license plates met the requesters' projections. Most importantly, special plates detract from the primary
purpose of license plates, that of vehicle identification." [1997 c 291 § 1.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.307
46.16.307 Collectors' vehicles—Use restrictions. A
collectors' vehicle licensed under RCW 46.16.305(1) may
only be used for participation in club activities, exhibitions,
tours, parades, and occasional pleasure driving. [1996 c 225
§ 11.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.16.309
46.16.309 Special license plates—Application. Persons applying to the department for special license plates
shall apply on forms obtained from the department and in
accordance with RCW 46.16.040. The applicant shall provide all information as is required by the department in order
(2004 Ed.)
Vehicle Licenses
to determine the applicant's eligibility for the special license
plates. [1997 c 291 § 7; 1990 c 250 § 3.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.30901
46.16.30901 Professional fire fighters and paramedics plate. The department shall issue a special license plate
displaying a symbol, approved by the special license plate
review board, for professional fire fighters and paramedics
who are members of the Washington State Council of Fire
Fighters. Upon initial application and subsequent renewals,
applicants must show proof of eligibility by providing a certificate of current membership from the Washington State
Council of Fire Fighters. The special license plate may be
used in lieu of regular or personalized license plates for vehicles required to display one or two vehicle license plates,
excluding vehicles registered under chapter 46.87 RCW,
upon the terms and conditions established by the department.
[2004 c 35 § 1.]
46.16.30902
46.16.30902 Washington State Council of Fire Fighters benevolent fund. (1) The Washington State Council of
Fire Fighters benevolent fund is created in the custody of the
state treasurer. Upon the department's determination the state
has been reimbursed for the cost of implementing the professional fire fighters and paramedics special license plate, all
receipts, except as provided in RCW 46.16.313 (6) and (7),
from professional fire fighters and paramedics license plates
must be deposited into the account. Only the director of the
department of licensing or the director's designee may authorize expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures.
(2) Funds in the account must be disbursed subject to the
following conditions and limitations:
(a) Under the requirements of RCW 46.16.765, the
department must contract with a qualified nonprofit organization to receive and disseminate funds for charitable purposes
on behalf of members of the Washington State Council of
Fire Fighters, their families, and others deemed in need.
(b) For the purposes of this section, a "qualified nonprofit organization" means a not-for-profit corporation incorporated and operating exclusively in Washington that has
received a determination of tax exempt status under section
501(c)(3) of the federal internal revenue code. The organization must have been established for the express purposes of
receiving and disseminating funds for charitable purposes on
behalf of members of the Washington State Council of Fire
Fighters, their families, and others deemed in need.
(c) The qualified nonprofit organization must meet all
requirements set out in RCW 46.16.765. [2004 c 35 § 4.]
46.16.30903
46.16.30903 Helping Kids Speak plate. (1) The legislature recognizes the Helping Kids Speak license plate has
been reviewed by the special license plate review board under
RCW 46.16.725, and found to fully comply with all provisions of RCW 46.16.715 through 46.16.775.
(2) The department shall issue a special license plate displaying a symbol, approved by the special license plate
(2004 Ed.)
46.16.30905
review board, recognizing an organization that supports programs that provide no-cost speech pathology programs to
children. The special license plate may be used in lieu of regular or personalized license plates for vehicles required to
display one or two vehicle license plates, excluding vehicles
registered under chapter 46.87 RCW, upon terms and conditions established by the department. The special plates will
commemorate an organization that supports programs that
provide free diagnostic and therapeutic services to children
who have a severe delay in language or speech development.
[2004 c 48 § 1.]
46.16.30904
46.16.30904 "Helping Kids Speak" account. (1) The
"Helping Kids Speak" account is created in the custody of the
state treasurer. Upon the department's determination that the
state has been reimbursed for the cost of implementing the
"Helping Kids Speak" license plate, all receipts, except as
provided in *RCW 46.16.313 (6) and (7), from the "Helping
Kids Speak" license plate must be deposited into the account.
Only the director or the director's designee may authorize
expenditures from this account. The account is subject to the
allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures.
(2) Funds in the account must be disbursed subject to the
following conditions and limitations:
(a) Under the requirements of RCW 46.16.765 the
department must contract with a qualified nonprofit organization for the purpose of the organization providing free diagnostic and therapeutic services to families of children who
suffer from a delay in language or speech development.
(b) For the purposes of this section, a "qualified nonprofit organization" means a not-for-profit corporation operating in Washington that has received a determination of tax
exempt status under section 501(c)(3) of the federal internal
revenue code. The organization must offer free language disorder diagnostic and therapeutic services to families of children who suffer from a delay in language or speech development.
(c) The qualified nonprofit organization must meet all
requirements of RCW 46.16.765. [2004 c 48 § 4.]
*Reviser's note: RCW 46.16.313 was amended by 2004 c 35 § 3, 2004
c 48 § 3, and 2004 c 221 § 3. The subsections relating to the "Helping Kids
Speak" plates have been renumbered as subsections (8) and (9).
46.16.30905
46.16.30905 Law enforcement memorial plate. (1)
The legislature recognizes that the law enforcement memorial license plate has been reviewed by the special license
plate review board as specified in chapter 196, Laws of 2003,
and was found to fully comply with all provisions of chapter
196, Laws of 2003.
(2) The department shall issue a special license plate displaying a symbol, approved by the special license plate
review board, honoring law enforcement officers in Washington killed in the line of duty. The special license plate
may be used in lieu of regular or personalized license plates
for vehicles required to display one or two vehicle license
plates, excluding vehicles registered under chapter 46.87
RCW, upon the terms and conditions established by the
department. [2004 c 221 § 1.]
[Title 46 RCW—page 63]
46.16.30906
Title 46 RCW: Motor Vehicles
46.16.30906
46.16.30906 Law enforcement memorial account. (1)
The law enforcement memorial account is created in the custody of the state treasurer. Upon the department's determination that the state has been reimbursed for the cost of implementing the law enforcement memorial special license plate,
all receipts, except as provided in *RCW 46.16.313 (7) and
(8), from law enforcement memorial license plates must be
deposited into the account. Only the director of the department of licensing or the director's designee may authorize
expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures.
(2) Funds in the account must be disbursed subject to the
following conditions and limitations:
(a) Pursuant to the requirements set out in RCW
46.16.765 the department must contract with a qualified nonprofit organization to provide support and assistance to survivors and families of law enforcement officers in Washington
killed in the line of duty and to organize, finance, fund, construct, utilize, and maintain a memorial on the state capitol
grounds to honor those fallen officers.
(b) For the purposes of this section, a "qualified nonprofit organization" means a not-for-profit corporation incorporated and operating exclusively in Washington that has
received a determination of tax exempt status under section
501(c)(3) of the federal internal revenue code. The organization must have been established for the express purposes of
providing support and assistance to the survivors and families
of law enforcement officers in Washington killed in the line
of duty and to organize, finance, fund, construct, utilize, and
maintain a memorial on the state capitol grounds to honor
those fallen officers.
(c) The qualified nonprofit must meet all requirements
set out in RCW 46.16.765. [2004 c 221 § 4.]
*Reviser's note: RCW 46.16.313 was amended by 2004 c 35 § 3, 2004
c 48 § 3, and 2004 c 221 § 3. The subsections relating to law enforcement
memorial plates have been renumbered as subsections (10) and (11).
46.16.313
46.16.313 Special license plates—Fees. (1) The
department may establish a fee of no more than forty dollars
for each type of special license plates issued under RCW
46.16.301(1) (a), (b), or (c), as existing before amendment by
section 5, chapter 291, Laws of 1997, in an amount calculated
to offset the cost of production of the special license plates
and the administration of this program. This fee is in addition
to all other fees required to register and license the vehicle for
which the plates have been requested. All such additional
special license plate fees collected by the department shall be
deposited in the state treasury and credited to the motor vehicle fund.
(2) In addition to all fees and taxes required to be paid
upon application and registration of a motor vehicle, the
holder of a collegiate license plate shall pay an initial fee of
forty dollars. The department shall deduct an amount not to
exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it.
The remaining proceeds shall be remitted to the custody of
the state treasurer with a proper identifying detailed report.
The state treasurer shall credit the funds to the appropriate
co llegiate license plate fund as pr ov id ed in RCW
28B.10.890.
[Title 46 RCW—page 64]
(3) In addition to all fees and taxes required to be paid
upon renewal of a motor vehicle registration, the holder of a
collegiate license plate shall pay a fee of thirty dollars. The
department shall deduct an amount not to exceed two dollars
of each fee collected under this subsection for administration
and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer
with a proper identifying detailed report. The state treasurer
shall credit the funds to the appropriate collegiate license
plate fund as provided in RCW 28B.10.890.
(4) In addition to all fees and taxes required to be paid
upon application and registration of a motor vehicle, the
holder of a special baseball stadium license plate shall pay an
initial fee of forty dollars. The department shall deduct an
amount not to exceed twelve dollars of each fee collected
under this subsection for administration and collection
expenses incurred by it. The remaining proceeds, minus the
cost of plate production, shall be distributed to a county for
the purpose of paying the principal and interest payments on
bonds issued by the county to construct a baseball stadium, as
defined in RCW 82.14.0485, including reasonably necessary
preconstruction costs, while the taxes are being collected
under RCW 82.14.360. After this date, the state treasurer
shall credit the funds to the state general fund.
(5) In addition to all fees and taxes required to be paid
upon renewal of a motor vehicle registration, the holder of a
special baseball stadium license plate shall pay a fee of thirty
dollars. The department shall deduct an amount not to
exceed two dollars of each fee collected under this subsection
for administration and collection expenses incurred by it.
The remaining proceeds shall be distributed to a county for
the purpose of paying the principal and interest payments on
bonds issued by the county to construct a baseball stadium, as
defined in RCW 82.14.0485, including reasonably necessary
preconstruction costs, while the taxes are being collected
under RCW 82.14.360. After this date, the state treasurer
shall credit the funds to the state general fund.
(6) Effective with vehicle registrations due or to become
due on January 1, 2005, in addition to all fees and taxes
required to be paid upon application and registration of a
vehicle, the holder of a professional fire fighters and paramedics license plate shall pay an initial fee of forty dollars.
The department shall deduct an amount not to exceed twelve
dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer with a proper identifying detailed report. Under RCW
46.16.755, the state treasurer shall credit the proceeds to the
motor vehicle account until the department determines that
the state has been reimbursed for the cost of implementing
the professional fire fighters and paramedics license plates.
Upon the determination by the department that the state has
been reimbursed, the treasurer shall credit the proceeds to the
Washington State Council of Fire Fighters benevolent fund
established under RCW 46.16.30902.
(7) Effective with annual renewals due or to become due
on January 1, 2006, in addition to all fees and taxes required
to be paid upon renewal of a vehicle registration, the holder
of a professional fire fighters and paramedics license plate
shall, upon application, pay a fee of thirty dollars. The
department shall deduct an amount not to exceed two dollars
(2004 Ed.)
Vehicle Licenses
of each fee collected under this subsection for administration
and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer
with a proper identifying detailed report. Under RCW
46.16.755, the state treasurer shall credit the proceeds to the
motor vehicle account until the department determines that
the state has been reimbursed for the cost of implementing
the professional fire fighters and paramedics special license
plate. Upon the determination by the department that the
state has been reimbursed, the treasurer shall credit the proceeds to the Washington State Council of Fire Fighters
benevolent fund established under RCW 46.16.30902.
(8) Effective with vehicle registrations due or to become
due on November 1, 2004, in addition to all fees and taxes
required to be paid upon application and registration of a
vehicle, the holder of a "Helping Kids Speak" license plate
shall pay an initial fee of forty dollars. The department shall
deduct an amount not to exceed twelve dollars of each fee
collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must
be remitted to the custody of the state treasurer with a proper
identifying detailed report. Pursuant to RCW 46.16.755, the
state treasurer shall credit the proceeds to the motor vehicle
account until the department determines that the state has
been reimbursed for the cost of implementing the "Helping
Kids Speak" special license plate. Upon the determination by
the department that the state has been reimbursed, the treasurer shall credit the proceeds to the "Helping Kids Speak"
account established under RCW 46.16.30904.
(9) Effective with annual renewals due or to become due
on November 1, 2005, in addition to all fees and taxes
required to be paid upon renewal of a vehicle registration, the
holder of a "Helping Kids Speak" license plate shall, upon
application, pay a fee of thirty dollars. The department shall
deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection
expenses incurred by it. The remaining proceeds must be
remitted to the custody of the state treasurer with a proper
identifying detailed report. Pursuant to RCW 46.16.755, the
state treasurer shall credit the proceeds to the motor vehicle
account until the department determines that the state has
been reimbursed for the cost of implementing the "Helping
Kids Speak" special license plate. Upon the determination by
the department that the state has been reimbursed, the treasurer shall credit the proceeds to the "Helping Kids Speak"
account established under RCW 46.16.30904.
(10) Effective with vehicle registrations due or to
become due on January 1, 2005, in addition to all fees and
taxes required to be paid upon application and registration of
a vehicle, the holder of a "law enforcement memorial" license
plate shall pay an initial fee of forty dollars. The department
shall deduct an amount not to exceed twelve dollars of each
fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall
be remitted to the custody of the state treasurer with a proper
identifying detailed report. Pursuant to RCW 46.16.755, the
state treasurer shall credit the proceeds to the motor vehicle
account until the department determines that the state has
been reimbursed for the cost of implementing the law
enforcement memorial special license plate. Upon the determination by the department that the state has been reim(2004 Ed.)
46.16.316
bursed, the treasurer shall credit the proceeds to the law
enforcement memorial account established under RCW
46.16.30906.
(11) Effective with annual renewals due or to become
due on January 1, 2006, in addition to all fees and taxes
required to be paid upon renewal of a vehicle registration, the
holder of a "law enforcement memorial" license plate shall,
upon application, pay a fee of thirty dollars. The department
shall deduct an amount not to exceed two dollars of each fee
collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be
remitted to the custody of the state treasurer with a proper
identifying detailed report. Pursuant to RCW 46.16.755, the
state treasurer shall credit the proceeds to the motor vehicle
account until the department determines that the state has
been reimbursed for the cost of implementing the law
enforcement memorial special license plate. Upon the determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the law
enforcement memorial account established under RCW
46.16.30906. [2004 c 221 § 3; 2004 c 48 § 3; 2004 c 35 § 3;
1997 c 291 § 8; 1996 c 165 § 506; 1995 3rd sp.s. c 1 § 103;
1994 c 194 § 4; 1990 c 250 § 4.]
Reviser's note: This section was amended by 2004 c 35 § 3, 2004 c 48
§ 3, and by 2004 c 221 § 3, each without reference to the other. All amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—1996 c 165: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1996 c 165 § 510.]
Effective date—1996 c 165: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 28, 1996]." [1996 c 165 § 511.]
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes
following RCW 82.14.0485.
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
State contribution for baseball stadium limited: RCW 82.14.0486.
46.16.314
46.16.314 Special license plates—Authority to continue. The department has the sole discretion, based upon the
number of sales to date, to determine whether or not to continue issuing license plates in a special series created before
January 1, 2003. [2003 c 196 § 501; 1997 c 291 § 9.]
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.316
46.16.316 Special license plates—Transfer of vehicle—Replacement plates. Except as provided in RCW
46.16.305:
(1) When a person who has been issued a special license
plate or plates: (a) Under RCW 46.16.30901, 46.16.30903,
46.16.30905, or 46.16.301 as it existed before amendment by
section 5, chapter 291, Laws of 1997, or under RCW
46.16.305(2) or 46.16.324; or (b) approved by the special
license plate review board under RCW 46.16.715 through
46.16.775 sells, trades, or otherwise transfers or releases
ownership of the vehicle upon which the special license plate
or plates have been displayed, he or she shall immediately
[Title 46 RCW—page 65]
46.16.319
Title 46 RCW: Motor Vehicles
report the transfer of such plate or plates to an acquired vehicle or vehicle eligible for such plates pursuant to departmental rule, or he or she shall surrender such plates to the department immediately if such surrender is required by departmental rule. If a person applies for a transfer of the plate or
plates to another eligible vehicle, a transfer fee of ten dollars
shall be charged in addition to all other applicable fees. Such
transfer fees shall be deposited in the motor vehicle fund.
Failure to surrender the plates when required is a traffic
infraction.
(2) If the special license plate or plates issued by the
department become lost, defaced, damaged, or destroyed,
application for a replacement special license plate or plates
shall be made and fees paid as provided by law for the
replacement of regular license plates. [2004 c 223 § 4; 2004
c 221 § 5, 2004 c 48 § 5; 2004 c 35 § 5; 1997 c 291 § 10; 1990
c 250 § 5.]
Reviser's note: This section was amended by 2004 c 35 § 5, 2004 c 48
§ 5, 2004 c 221 § 5, and by 2004 c 223 § 4, each without reference to the
other. All amendments are incorporated in the publication of this section
under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.319
46.16.319 Veterans and military personnel—
Emblems. (1) Veterans discharged under honorable conditions (veterans) and individuals serving on active duty in the
United States armed forces (active duty military personnel)
may purchase a veterans remembrance emblem or campaign
medal emblem. The emblem is to be displayed on vehicle
license plates in the manner described by the department,
existing vehicular licensing procedures, and current laws.
(2) Veterans and active duty military personnel who
served during periods of war or armed conflict may purchase
a remembrance emblem depicting campaign ribbons which
they were awarded.
(3) The following campaign ribbon remembrance
emblems are available:
(a) World War I victory medal;
(b) World War II Asiatic-Pacific campaign medal;
(c) World War II European-African Middle East campaign medal;
(d) World War II American campaign medal;
(e) Korean service medal;
(f) Vietnam service medal;
(g) Armed forces expeditionary medal awarded after
1958; and
(h) Southwest Asia medal.
The director may issue additional campaign ribbon
emblems by rule as authorized decorations by the United
States department of defense.
(4) Veterans or active duty military personnel requesting
a veteran remembrance emblem or campaign medal emblem
or emblems must:
(a) Pay a prescribed fee set by the department; and
(b) Show proof of eligibility through:
(i) Providing a DD-214 or discharge papers if a veteran;
(ii) Providing a copy of orders awarding a campaign ribbon if an individual serving on military active duty; or
[Title 46 RCW—page 66]
(iii) Attesting in a notarized affidavit of their eligibility
as required under this section.
(5) Veterans or active duty military personnel who purchase a veteran remembrance emblem or a campaign medal
emblem must be the legal or registered owner of the vehicle
on which the emblem is to be displayed. [1997 c 234 § 1;
1991 c 339 § 11; 1990 c 250 § 6.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.324
46.16.324 Collegiate license plates. Effective January
1, 1995, a state university, regional university, or state college as defined in RCW 28B.10.016 may apply to the department, in a form prescribed by the department, and request the
department to issue a series of collegiate license plates
depicting the name and mascot or symbol of the college or
university, as submitted and approved for use by the requesting institution. [1994 c 194 § 3.]
46.16.327
46.16.327 Military emblems—Material, display
requirements. Vehicle license plate emblems and veteran
remembrance emblems shall use fully reflectorized materials
designed to provide visibility at night. Emblems shall be
designed to be affixed to a vehicle license number plate by
pressure-sensitive adhesive so as not to obscure the plate
identification numbers or letters.
Emblems will be issued for display on the front and rear
license number plates. Single emblems will be issued for
vehicles authorized to display one license number plate.
[1990 c 250 § 8.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.332
46.16.332 Military emblems—Fees. (1) The director
may adopt fees to be charged by the department for emblems
issued by the department under RCW 46.16.319.
(2) The fee for each remembrance emblem issued under
RCW 46.16.319 shall be in an amount sufficient to offset the
costs of production of remembrance emblems and the administration of that program by the department plus an amount
for use by the department of veterans affairs, not to exceed a
total fee of twenty-five dollars per emblem.
(3) The veterans' emblem account is created in the custody of the state treasurer. All receipts by the department
from the issuance of remembrance emblems under RCW
46.16.319 shall be deposited into this fund. Expenditures
from the fund may be used only for the costs of production of
remembrance emblems and administration of the program by
the department of licensing, with the balance used only by the
department of veterans affairs for projects that pay tribute to
those living veterans and to those who have died defending
freedom in our nation's wars and conflicts and for the upkeep
and operations of existing memorials, as well as for planning,
acquiring land for, and constructing future memorials. Only
the director of licensing, the director of veterans affairs, or
their designees may authorize expenditures from the fund.
The fund is subject to allotment procedures under chapter
(2004 Ed.)
Vehicle Licenses
43.88 RCW, but no appropriation is required for expenditures. [1994 c 194 § 5; 1990 c 250 § 9.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.333
46.16.333 Cooper Jones emblems. In cooperation with
the Washington state patrol and the department of licensing,
the traffic safety commission shall create and design, and the
department shall issue, Cooper Jones license plate emblems
displaying a symbol of bicycle safety that may be used on
motor vehicles required to display two motor vehicle license
plates, excluding vehicles registered under chapter 46.87
RCW, upon terms and conditions established by the department. These license plate emblems will fund the Cooper
Jones act and provide funding for bicyclist and pedestrian
safety education, enforcement, and encouragement.
Any person may purchase Cooper Jones license plate
emblems. The emblems are to be displayed on the vehicle
license plates in the manner described by the department,
existing vehicular licensing procedures, and current laws.
The fee for Cooper Jones emblems shall be twenty-five dollars. All moneys collected shall first go to the department to
be deposited into the motor vehicle fund until all expenses of
designing and producing the emblems are recovered. Thereafter, the department shall deduct an amount not to exceed
five dollars of each fee collected for Cooper Jones emblems
for administration and collection expenses. The remaining
proceeds shall be remitted to the custody of the state treasurer
with a proper identifying detailed report. The state treasurer
shall credit the proceeds to the bicycle and pedestrian safety
account as established in RCW 43.59.150. [2002 c 264 § 3.]
Finding—2002 c 264: "The legislature finds that bicycling and walking
are becoming increasingly popular in Washington as clean and efficient
modes of transportation, as recreational activities, and as organized sports.
Future plans for the state's transportation system will require increased
access and safety for bicycles and pedestrians on our common roadways, and
federal transportation legislation and funding programs have created strong
incentives to implement these changes quickly. As a result, many more people are likely to take up bicycling in Washington both as a leisure activity
and as a convenient, inexpensive form of transportation. Bicyclists are more
vulnerable to injury and accident than motorists, and both should be knowledgeable about traffic laws. Bicyclists should be highly visible and predictable when riding in traffic, and be encouraged to wear bicycle safety helmets. Hundreds of bicyclists and pedestrians are seriously injured every year
in accidents, and millions of dollars are spent on health care costs associated
with these accidents. There is clear evidence that organized training in the
rules and techniques of safe and effective cycling can significantly reduce
the incidence of serious injury and accidents, increase cooperation among
road users, and significantly increase the incidence of bicycle helmet use,
particularly among minors. A reduction in accidents benefits the entire community. Therefore, it is appropriate for businesses and community organizations to provide donations to bicycle and pedestrian safety training programs." [2002 c 264 § 1.]
46.16.335
46.16.335 Special license plates and emblems—
Rules. The director shall adopt rules to implement RCW
46.16.301 through 46.16.332, including setting of fees.
[1990 c 250 § 10.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
46.16.374
to time, shall furnish the state military department, the
department of community, trade, and economic development,
the Washington state patrol, and all county sheriffs a list of
the names, addresses, and license plate or radio station call
letters of each person possessing the special amateur radio
station license plates so that the facilities of such radio stations may be utilized to the fullest extent in the work of these
governmental agencies. [1995 c 391 § 8; 1986 c 266 § 49;
1985 c 7 § 112; 1974 ex.s. c 171 § 43; 1967 c 32 § 23; 1961 c
12 § 46.16.340. Prior: 1957 c 145 § 3.]
Effective date—1995 c 391: See note following RCW 38.52.005.
Severability—1986 c 266: See note following RCW 38.52.005.
46.16.350
46.16.350 Amateur radio operator plates—Expiration or revocation of radio license—Penalty. Any radio
amateur operator who holds a special call letter license plate
as issued under RCW 46.16.305, and who has allowed his or
her federal communications commission license to expire, or
has had it revoked, must notify the director in writing within
thirty days and surrender his or her call letter license plate.
Failure to do so is a traffic infraction. [1997 c 291 § 11; 1990
c 250 § 11; 1979 ex.s. c 136 § 49; 1967 c 32 § 24; 1961 c 12
§ 46.16.350. Prior: 1957 c 145 § 4.]
Effective dates—1990 c 250 §§ 1-13: See note following RCW
46.16.301.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.16.371
46.16.371 Special plates for honorary consul, foreign
government representative. (1) Every honorary consul or
official representative of any foreign government who is a
citizen or resident of the United States of America, duly
licensed and holding an exequatur issued by the department
of state of the United States of America is entitled to apply to
the director for, and upon satisfactory showing, and upon
payment of regular license fees and excise tax, to receive, in
lieu of the regular motor vehicle license plates, such special
plates of a distinguishing color and running in a separate
numerical series, as the director shall prescribe. Application
for renewal of the license plates shall be as prescribed for the
license renewal of other vehicles.
(2) Whenever the owner or lessee as provided in subsection (1) of this section transfers or assigns his interest or title
in the motor vehicle to which the special plates were
attached, the plates shall be removed from the motor vehicle,
and if another vehicle is acquired, attached thereto, and the
director shall be immediately notified of the transfer of the
plates; otherwise the removed plates shall be immediately
forwarded to the director to be destroyed. Whenever the
owner or lessee as provided in subsection (1) of this section is
for any reason relieved of his duties as an honorary consul or
official representative of a foreign government, he shall
immediately forward the special plates to the director, who
shall upon receipt thereof provide such plates as are otherwise provided by law. [1987 c 237 § 1.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.16.374
46.16.340 Amateur radio operator plates—Information furnished to various agencies. The director, from time
46.16.340
(2004 Ed.)
46.16.374 Taipei Economic and Cultural Office—
Special plates. (1) If the eligible applicant bears the entire
cost of plate production, the department shall provide for the
[Title 46 RCW—page 67]
46.16.376
Title 46 RCW: Motor Vehicles
issuance of special license plates, in lieu of regular motor
vehicle license plates, for passenger vehicles having manufacturers' rated carrying capacities of one ton or less that are
owned or leased by an officer of the Taipei Economic and
Cultural Office. The department shall issue the special
license plates in a distinguishing color, running in a separate
numerical series, and bearing the words "Foreign Organization." A vehicle for which special license plates are issued
under this section is exempt from regular license fees under
RCW 46.16.0621 and any additional vehicle license fees
imposed under *RCW 82.80.020.
(2) Whenever the owner or lessee as provided in subsection (1) of this section transfers or assigns the interest or title
in the motor vehicle for which the special plates were issued,
the plates must be removed from the motor vehicle, and if
another qualified vehicle is acquired, attached to that vehicle,
and the director must be immediately notified of the transfer
of the plates; otherwise the removed plates must be immediately forwarded to the director to be destroyed. Whenever the
owner or lessee as provided in subsection (1) of this section is
for any reason relieved of his or her duties as a representative
of a recognized foreign organization, he or she shall immediately forward the special plates to the director, who shall
upon receipt dispose of the plates as otherwise provided by
law. [2001 c 64 § 5; 1996 c 139 § 1.]
*Reviser's note: RCW 82.80.020 was repealed by 2003 c 1 § 5, (Initiative Measure No. 776, approved November 5, 2002).
46.16.376 Taipei Economic and Cultural Office—Fee
exemption. A motor vehicle owned or leased by an officer of
the Taipei Economic and Cultural Office eligible for a special
license plate under RCW 46.16.374 is exempt from the payment of license fees for the licensing of the vehicle as provided in this chapter. [1996 c 139 § 2.]
46.16.376
46.16.381 Special parking for disabled persons—
Penalties—Enforcement. (Effective until November 1,
2004.) (1) The director shall grant special parking privileges
to any person who has a disability that limits or impairs the
ability to walk and meets one of the following criteria, as
determined by a licensed physician or an advanced registered
nurse practitioner licensed under chapter 18.79 RCW:
(a) Cannot walk two hundred feet without stopping to
rest;
(b) Is severely limited in ability to walk due to arthritic,
neurological, or orthopedic condition;
(c) Is so severely disabled, that the person cannot walk
without the use of or assistance from a brace, cane, another
person, prosthetic device, wheelchair, or other assistive
device;
(d) Uses portable oxygen;
(e) Is restricted by lung disease to such an extent that
forced expiratory respiratory volume, when measured by
spirometry is less than one liter per second or the arterial oxygen tension is less than sixty mm/hg on room air at rest;
(f) Impairment by cardiovascular disease or cardiac condition to the extent that the person's functional limitations are
classified as class III or IV under standards accepted by the
American Heart Association; or
(g) Has a disability resulting from an acute sensitivity to
automobile emissions which limits or impairs the ability to
46.16.381
[Title 46 RCW—page 68]
walk. The personal physician or advanced registered nurse
practitioner of the applicant shall document that the disability
is comparable in severity to the others listed in this subsection.
(2) The applications for disabled parking permits and
temporary disabled parking permits are official state documents. Knowingly providing false information in conjunction with the application is a gross misdemeanor punishable
under chapter 9A.20 RCW. The following statement must
appear on each application form immediately below the physician's or advanced registered nurse practitioner's signature
and immediately below the applicant's signature: "A disabled parking permit may be issued only for a medical necessity that severely affects mobility (RCW 46.16.381). Knowingly providing false information on this application is a
gross misdemeanor. The penalty is up to one year in jail and
a fine of up to $5,000 or both."
(3) Persons who qualify for special parking privileges
are entitled to receive from the department of licensing a
removable windshield placard bearing the international symbol of access and an individual serial number, along with a
special identification card bearing the name and date of birth
of the person to whom the placard is issued, and the placard's
serial number. The special identification card shall be issued
no later than January 1, 2000, to all persons who are issued
parking placards, including those issued for temporary disabilities, and special disabled parking license plates. The
department shall design the placard to be displayed when the
vehicle is parked by suspending it from the rearview mirror,
or in the absence of a rearview mirror the card may be displayed on the dashboard of any vehicle used to transport the
disabled person. Instead of regular motor vehicle license
plates, disabled persons are entitled to receive special license
plates bearing the international symbol of access for one
vehicle registered in the disabled person's name. Disabled
persons who are not issued the special license plates are entitled to receive a second special placard upon submitting a
written request to the department. Persons who have been
issued the parking privileges and who are using a vehicle or
are riding in a vehicle displaying the special license plates or
placard may park in places reserved for mobility disabled
persons. The director shall adopt rules providing for the issuance of special placards and license plates to public transportation authorities, nursing homes licensed under chapter
18.51 RCW, boarding homes licensed under chapter 18.20
RCW, senior citizen centers, private nonprofit agencies as
defined in chapter 24.03 RCW, and vehicles registered with
the department as cabulances that regularly transport disabled
persons who have been determined eligible for special parking privileges provided under this section. The director may
issue special license plates for a vehicle registered in the
name of the public transportation authority, nursing home,
boarding homes, senior citizen center, private nonprofit
agency, or cabulance service if the vehicle is primarily used
to transport persons with disabilities described in this section.
Public transportation authorities, nursing homes, boarding
homes, senior citizen centers, private nonprofit agencies, and
cabulance services are responsible for insuring that the special placards and license plates are not used improperly and
are responsible for all fines and penalties for improper use.
(2004 Ed.)
Vehicle Licenses
(4) Whenever the disabled person transfers or assigns his
or her interest in the vehicle, the special license plates shall be
removed from the motor vehicle. If another vehicle is
acquired by the disabled person and the vehicle owner qualifies for a special plate, the plate shall be attached to the vehicle, and the director shall be immediately notified of the
transfer of the plate. If another vehicle is not acquired by the
disabled person, the removed plate shall be immediately surrendered to the director.
(5) The special license plate shall be renewed in the same
manner and at the time required for the renewal of regular
motor vehicle license plates under this chapter. No special
license plate may be issued to a person who is temporarily
disabled. A person who has a condition expected to improve
within six months may be issued a temporary placard for a
period not to exceed six months. If the condition exists after
six months a new temporary placard shall be issued upon
receipt of a new certification from the disabled person's physician. The permanent parking placard and identification
card of a disabled person shall be renewed at least every five
years, as required by the director, by satisfactory proof of the
right to continued use of the privileges. In the event of the
permit holder's death, the parking placard and identification
card must be immediately surrendered to the department.
The department shall match and purge its disabled permit
data base with available death record information at least
every twelve months.
(6) Each person who has been issued a permanent disabled parking permit on or before July 1, 1998, must renew
the permit no later than July 1, 2003, subject to a schedule to
be set by the department, or the permit will expire.
(7) Additional fees shall not be charged for the issuance
of the special placards or the identification cards. No additional fee may be charged for the issuance of the special
license plates except the regular motor vehicle registration
fee and any other fees and taxes required to be paid upon registration of a motor vehicle.
(8) Any unauthorized use of the special placard, special
license plate, or identification card is a traffic infraction with
a monetary penalty of two hundred fifty dollars.
(9) It is a parking infraction, with a monetary penalty of
two hundred fifty dollars for a person to make inaccessible
the access aisle located next to a space reserved for physically
disabled persons. The clerk of the court shall report all violations related to this subsection to the department.
(10) It is a parking infraction, with a monetary penalty of
two hundred fifty dollars for any person to park a vehicle in a
parking place provided on private property without charge or
on public property reserved for physically disabled persons
without a special license plate or placard. If a person is
charged with a violation, the person shall not be determined
to have committed an infraction if the person produces in
court or before the court appearance the special license plate
or placard required under this section. A local jurisdiction
providing nonmetered, on-street parking places reserved for
physically disabled persons may impose by ordinance time
restrictions of no less than four hours on the use of these parking places. A local jurisdiction may impose by ordinance
time restrictions of no less than four hours on the use of nonreserved, on-street parking spaces by vehicles displaying the
(2004 Ed.)
46.16.381
special parking placards. All time restrictions must be clearly
posted.
(11) The penalties imposed under subsections (9) and
(10) of this section shall be used by that local jurisdiction
exclusively for law enforcement. The court may also impose
an additional penalty sufficient to reimburse the local jurisdiction for any costs it may have incurred in removal and
storage of the improperly parked vehicle.
(12) Except as provided by subsection (2) of this section,
it is a traffic infraction with a monetary penalty of two hundred fifty dollars for any person willfully to obtain a special
license plate, placard, or identification card in a manner other
than that established under this section.
(13)(a) A law enforcement agency authorized to enforce
parking laws may appoint volunteers, with a limited commission, to issue notices of infractions for violations of this section or RCW 46.61.581. Volunteers must be at least twentyone years of age. The law enforcement agency appointing
volunteers may establish any other qualifications the agency
deems desirable.
(b) An agency appointing volunteers under this section
must provide training to the volunteers before authorizing
them to issue notices of infractions.
(c) A notice of infraction issued by a volunteer appointed
under this subsection has the same force and effect as a notice
of infraction issued by a police officer for the same offense.
(d) A police officer or a volunteer may request a person
to show the person's identification card or special parking
placard when investigating the possibility of a violation of
this section. If the request is refused, the person in charge of
the vehicle may be issued a notice of infraction for a violation
of this section.
(14) For second or subsequent violations of this section,
in addition to a monetary fine, the violator must complete a
minimum of forty hours of:
(a) Community restitution for a nonprofit organization
that serves the disabled community or persons having disabling diseases; or
(b) Any other community restitution that may sensitize
the violator to the needs and obstacles faced by persons who
have disabilities.
(15) The court may not suspend more than one-half of
any fine imposed under subsection (8), (9), (10), or (12) of
this section. [2003 c 371 § 1; 2002 c 175 § 33; 2001 c 67 § 1;
1999 c 136 § 1; 1998 c 294 § 1; 1995 c 384 § 1; 1994 c 194 §
6; 1993 c 106 § 1; 1992 c 148 § 1; 1991 c 339 § 21; 1990 c 24
§ 1; 1986 c 96 § 1; 1984 c 154 § 2.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—1984 c 154: "The legislature intends to extend special parking
privileges to persons with disabilities that substantially impair mobility."
[1984 c 154 § 1.]
Application—1984 c 154: "This act applies to special license plates,
cards, or decals issued after June 7, 1984. Nothing in this act invalidates special license plates, cards, or decals issued before June 7, 1984." [1984 c 154
§ 9.]
Severability—1984 c 154: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 154 § 10.]
Accessible parking spaces required: RCW 70.92.140.
Free parking by disabled persons: RCW 46.61.582.
[Title 46 RCW—page 69]
46.16.381
46.16.381
Title 46 RCW: Motor Vehicles
46.16.381 Special parking for disabled persons—
Penalties—Enforcement. (Effective November 1, 2004.)
(1) The director shall grant special parking privileges to any
person who has a disability that limits or impairs the ability to
walk and meets one of the following criteria, as determined
by a licensed physician or an advanced registered nurse practitioner licensed under chapter 18.79 RCW:
(a) Cannot walk two hundred feet without stopping to
rest;
(b) Is severely limited in ability to walk due to arthritic,
neurological, or orthopedic condition;
(c) Is so severely disabled, that the person cannot walk
without the use of or assistance from a brace, cane, another
person, prosthetic device, wheelchair, or other assistive
device;
(d) Uses portable oxygen;
(e) Is restricted by lung disease to such an extent that
forced expiratory respiratory volume, when measured by
spirometry is less than one liter per second or the arterial oxygen tension is less than sixty mm/hg on room air at rest;
(f) Impairment by cardiovascular disease or cardiac condition to the extent that the person's functional limitations are
classified as class III or IV under standards accepted by the
American Heart Association; or
(g) Has a disability resulting from an acute sensitivity to
automobile emissions which limits or impairs the ability to
walk. The personal physician or advanced registered nurse
practitioner of the applicant shall document that the disability
is comparable in severity to the others listed in this subsection.
(2) The applications for disabled parking permits and
temporary disabled parking permits are official state documents. Knowingly providing false information in conjunction with the application is a gross misdemeanor punishable
under chapter 9A.20 RCW. The following statement must
appear on each application form immediately below the physician's or advanced registered nurse practitioner's signature
and immediately below the applicant's signature: "A disabled parking permit may be issued only for a medical necessity that severely affects mobility (RCW 46.16.381). Knowingly providing false information on this application is a
gross misdemeanor. The penalty is up to one year in jail and
a fine of up to $5,000 or both."
(3) Persons who qualify for special parking privileges
are entitled to receive from the department of licensing a
removable windshield placard bearing the international symbol of access and an individual serial number, along with a
special identification card bearing the name and date of birth
of the person to whom the placard is issued, and the placard's
serial number. The special identification card shall be issued
no later than January 1, 2000, to all persons who are issued
parking placards, including those issued for temporary disabilities, and special disabled parking license plates. The
department shall design the placard to be displayed when the
vehicle is parked by suspending it from the rearview mirror,
or in the absence of a rearview mirror the card may be displayed on the dashboard of any vehicle used to transport the
disabled person. Instead of regular motor vehicle license
plates, disabled persons are entitled to receive special license
plates under this section or RCW 46.16.385 bearing the international symbol of access for one vehicle registered in the
[Title 46 RCW—page 70]
disabled person's name. Disabled persons who are not issued
the special license plates are entitled to receive a second special placard upon submitting a written request to the department. Persons who have been issued the parking privileges
and who are using a vehicle or are riding in a vehicle displaying the placard or special license plates issued under this section or RCW 46.16.385 may park in places reserved for
mobility disabled persons. The director shall adopt rules providing for the issuance of special placards and license plates
to public transportation authorities, nursing homes licensed
under chapter 18.51 RCW, boarding homes licensed under
chapter 18.20 RCW, senior citizen centers, private nonprofit
agencies as defined in chapter 24.03 RCW, and vehicles registered with the department as cabulances that regularly
transport disabled persons who have been determined eligible
for special parking privileges provided under this section.
The director may issue special license plates for a vehicle
registered in the name of the public transportation authority,
nursing home, boarding homes, senior citizen center, private
nonprofit agency, or cabulance service if the vehicle is primarily used to transport persons with disabilities described in
this section. Public transportation authorities, nursing
homes, boarding homes, senior citizen centers, private nonprofit agencies, and cabulance services are responsible for
insuring that the special placards and license plates are not
used improperly and are responsible for all fines and penalties for improper use.
(4) Whenever the disabled person transfers or assigns his
or her interest in the vehicle, the special license plates shall be
removed from the motor vehicle. If another vehicle is
acquired by the disabled person and the vehicle owner qualifies for a special plate, the plate shall be attached to the vehicle, and the director shall be immediately notified of the
transfer of the plate. If another vehicle is not acquired by the
disabled person, the removed plate shall be immediately surrendered to the director.
(5) The special license plate shall be renewed in the same
manner and at the time required for the renewal of regular
motor vehicle license plates under this chapter. No special
license plate may be issued to a person who is temporarily
disabled. A person who has a condition expected to improve
within six months may be issued a temporary placard for a
period not to exceed six months. If the condition exists after
six months a new temporary placard shall be issued upon
receipt of a new certification from the disabled person's physician. The permanent parking placard and identification
card of a disabled person shall be renewed at least every five
years, as required by the director, by satisfactory proof of the
right to continued use of the privileges. In the event of the
permit holder's death, the parking placard and identification
card must be immediately surrendered to the department.
The department shall match and purge its disabled permit
data base with available death record information at least
every twelve months.
(6) Each person who has been issued a permanent disabled parking permit on or before July 1, 1998, must renew
the permit no later than July 1, 2003, subject to a schedule to
be set by the department, or the permit will expire.
(7) Additional fees shall not be charged for the issuance
of the special placards or the identification cards. No additional fee may be charged for the issuance of the special
(2004 Ed.)
Vehicle Licenses
license plates except the regular motor vehicle registration
fee and any other fees and taxes required to be paid upon registration of a motor vehicle.
(8) Any unauthorized use of the special placard, special
license plate issued under this section or RCW 46.16.385, or
identification card is a traffic infraction with a monetary penalty of two hundred fifty dollars.
(9) It is a parking infraction, with a monetary penalty of
two hundred fifty dollars for a person to make inaccessible
the access aisle located next to a space reserved for physically
disabled persons. The clerk of the court shall report all violations related to this subsection to the department.
(10) It is a parking infraction, with a monetary penalty of
two hundred fifty dollars for any person to park a vehicle in a
parking place provided on private property without charge or
on public property reserved for physically disabled persons
without a placard or special license plate issued under this
section or RCW 46.16.385. If a person is charged with a violation, the person shall not be determined to have committed
an infraction if the person produces in court or before the
court appearance the placard or special license plate issued
under this section or RCW 46.16.385 required under this section. A local jurisdiction providing nonmetered, on-street
parking places reserved for physically disabled persons may
impose by ordinance time restrictions of no less than four
hours on the use of these parking places. A local jurisdiction
may impose by ordinance time restrictions of no less than
four hours on the use of nonreserved, on-street parking
spaces by vehicles displaying the special parking placards or
special license plates issued under this section or RCW
46.16.385. All time restrictions must be clearly posted.
(11) The penalties imposed under subsections (9) and
(10) of this section shall be used by that local jurisdiction
exclusively for law enforcement. The court may also impose
an additional penalty sufficient to reimburse the local jurisdiction for any costs it may have incurred in removal and
storage of the improperly parked vehicle.
(12) Except as provided by subsection (2) of this section,
it is a traffic infraction with a monetary penalty of two hundred fifty dollars for any person willfully to obtain a special
license plate issued under this section or RCW 46.16.385,
placard, or identification card in a manner other than that
established under this section.
(13)(a) A law enforcement agency authorized to enforce
parking laws may appoint volunteers, with a limited commission, to issue notices of infractions for violations of this section or RCW 46.61.581. Volunteers must be at least twentyone years of age. The law enforcement agency appointing
volunteers may establish any other qualifications the agency
deems desirable.
(b) An agency appointing volunteers under this section
must provide training to the volunteers before authorizing
them to issue notices of infractions.
(c) A notice of infraction issued by a volunteer appointed
under this subsection has the same force and effect as a notice
of infraction issued by a police officer for the same offense.
(d) A police officer or a volunteer may request a person
to show the person's identification card or special parking
placard when investigating the possibility of a violation of
this section. If the request is refused, the person in charge of
(2004 Ed.)
46.16.385
the vehicle may be issued a notice of infraction for a violation
of this section.
(14) For second or subsequent violations of this section,
in addition to a monetary fine, the violator must complete a
minimum of forty hours of:
(a) Community restitution for a nonprofit organization
that serves the disabled community or persons having disabling diseases; or
(b) Any other community restitution that may sensitize
the violator to the needs and obstacles faced by persons who
have disabilities.
(15) The court may not suspend more than one-half of
any fine imposed under subsection (8), (9), (10), or (12) of
this section. [2004 c 222 § 2; 2003 c 371 § 1; 2002 c 175 §
33; 2001 c 67 § 1; 1999 c 136 § 1; 1998 c 294 § 1; 1995 c 384
§ 1; 1994 c 194 § 6; 1993 c 106 § 1; 1992 c 148 § 1; 1991 c
339 § 21; 1990 c 24 § 1; 1986 c 96 § 1; 1984 c 154 § 2.]
Effective date—2004 c 222 §§ 1 and 2: See note following RCW
46.16.385.
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—1984 c 154: "The legislature intends to extend special parking
privileges to persons with disabilities that substantially impair mobility."
[1984 c 154 § 1.]
Application—1984 c 154: "This act applies to special license plates,
cards, or decals issued after June 7, 1984. Nothing in this act invalidates special license plates, cards, or decals issued before June 7, 1984." [1984 c 154
§ 9.]
Severability—1984 c 154: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 154 § 10.]
Accessible parking spaces required: RCW 70.92.140.
Free parking by disabled persons: RCW 46.61.582.
46.16.385
46.16.385 Disabled parking versions of special plates.
(Effective November 1, 2004.) (1) The department shall
design and issue disabled parking emblem versions of special
license plates issued under (a) RCW 46.16.301; (b) RCW
46.16.305, except those plates issued under RCW 46.16.305
(1) and (2); (c) RCW 46.16.324; (d) RCW 46.16.745; (e)
RCW 7 3.04.110; (f ) RCW 73.0 4.115; o r (g ) RCW
46.16.301(1) (a), (b), or (c), as it existed before amendment
by section 5, chapter 291, Laws of 1997. The disabled parking emblem version of the special plate must display the universal symbol of access that may be used in lieu of the parking placard issued to persons who qualify for special parking
privileges under RCW 46.16.381. The department may not
charge an additional fee for the issuance of the special disabled parking emblem license plate, except the regular motor
vehicle registration fee, the fee associated with the particular
special plate, and any other fees and taxes required to be paid
upon registration of a motor vehicle. The emblem must be
incorporated into the design of the special license plate in a
manner to be determined by the department, and under existing vehicular licensing procedures and existing laws.
(2) Persons who qualify for special parking privileges
under RCW 46.16.381, and who have applied and paid the
appropriate fee for any of the special license plates listed in
subsection (1) of this section, are entitled to receive from the
department a special disabled parking emblem license plate.
The special disabled parking emblem license plate may be
used for one vehicle registered in the disabled person's name.
[Title 46 RCW—page 71]
46.16.390
Title 46 RCW: Motor Vehicles
Persons who have been issued the parking privileges or who
are using a vehicle displaying the special disabled parking
emblem license plate may park in places reserved for mobility disabled persons.
(3) The special disabled parking emblem license plate
must be administered in the same manner as the plates issued
under RCW 46.16.381.
(4) The department shall adopt rules to implement this
section. [2004 c 222 § 1.]
Effective date—2004 c 222 §§ 1 and 2: "Sections 1 and 2 of this act
take effect November 1, 2004." [2004 c 222 § 5.]
46.16.390
46.16.390 Special plate or card issued by another
jurisdiction. A special license plate or card issued by
another state or country that indicates an occupant of the
vehicle is disabled, entitles the vehicle on or in which it is displayed and being used to transport the disabled person to lawfully park in a parking place reserved for physically disabled
persons pursuant to chapter 70.92 RCW or authority implemental thereof. [1991 c 339 § 22; 1984 c 51 § 1.]
46.16.450
46.16.450 Appeals to superior court from suspension,
revocation, cancellation, or refusal of license or certificate. See RCW 46.12.240.
46.16.460
46.16.460 Nonresident members of armed forces—
Issuance of temporary license. Upon the payment of a fee
of ten dollars therefor, the department of licensing shall issue
a temporary motor vehicle license for a motor vehicle in this
state for a period of forty-five days when such motor vehicle
has been or is being purchased by a nonresident member of
the armed forces of the United States and an application,
accompanied with prepayment of required fees, for out of
state registration has been made by the purchaser. [1979 c
158 § 141; 1967 c 202 § 4.]
46.16.470
46.16.470 Temporary license—Display. The temporary license provided for in RCW 46.16.460 shall be carried
on the interior of the motor vehicle in such a way as to be
clearly visible from outside the vehicle. [1967 c 202 § 5.]
46.16.480
46.16.480 Nonresident members of armed forces—
Exemption from sales, use, or motor vehicle excise
taxes—Extent of exemption. The original purchaser of a
motor vehicle, for which a temporary license as provided in
RCW 46.16.460 has been issued, shall not be subject to the
sales tax, use tax, or motor vehicle excise tax during the
effective period of such license or thereafter unless the motor
vehicle, after the effective period of such license, is still in
this state or within a period of one year after the effective
period of such license is returned to this state. [1967 c 202 §
6.]
46.16.490
46.16.490 Nonresident members of armed forces—
Rules and regulations—Proof. The department of licensing
shall prescribe rules and regulations governing the administration of RCW 46.16.460 through 46.16.490. The department may require that adequate proof of the facts asserted in
the application for a temporary license shall be made before
[Title 46 RCW—page 72]
the temporary license shall be granted. [1979 c 158 § 142;
1967 c 202 § 7.]
46.16.500
46.16.500 Liability of operator, owner, lessee for violations. Whenever an act or omission is declared to be
unlawful in chapter 46.16 RCW, if the operator of the vehicle
is not the owner or lessee of such vehicle, but is so operating
or moving the vehicle with the express or implied permission
of the owner or lessee, then the operator and/or owner or lessee are both subject to the provisions of this chapter with the
primary responsibility to be that of the owner or lessee.
If the person operating the vehicle at the time of the
unlawful act or omission is not the owner or lessee of the
vehicle, such person is fully authorized to accept the citation
and execute the promise to appear on behalf of the owner or
lessee. [1980 c 104 § 3; 1969 ex.s. c 69 § 2.]
46.16.505
46.16.505 Campers—License and plates—Application—Fee. It shall be unlawful for a person to operate any
vehicle equipped with a camper over and along a public highway of this state without first having obtained and having in
full force and effect a current and proper camper license and
displaying a camper license number plate therefor as required
by law: PROVIDED, HOWEVER, That if a camper is part
of the inventory of a manufacturer or dealer and is unoccupied at all times, and a dated demonstration permit, valid for
no more than seventy-two hours is carried in the motor vehicle at all times it is operated by any such individual, such
camper may be demonstrated if carried upon an appropriately
licensed vehicle.
Application for an original camper license shall be made
on a form furnished for the purpose by the director. Such
application shall be made by the owner of the camper or his
duly authorized agent over the signature of such owner or
agent, and he shall certify that the statements therein are true
and to the best of his knowledge. The application must show:
(1) Name and address of the owner of the camper;
(2) Trade name of the camper, model, year, and the serial
number thereof;
(3) Such other information as the director requires.
There shall be paid and collected annually for each registration year or fractional part thereof and upon each camper
a license fee or, if the camper was previously licensed in this
state and has not been registered in another jurisdiction in the
intervening period, a renewal license fee. Such license fee
shall be in the sum of four dollars and ninety cents, and such
renewal license fee shall be in the sum of three dollars and
fifty cents.
Except as otherwise provided for in this section, the provisions of chapter 46.16 RCW shall apply to campers in the
same manner as they apply to vehicles. [1975 1st ex.s. c 118
§ 11; 1975 c 41 § 1; 1971 ex.s. c 231 § 7.]
Effective date—Severability—1975 1st ex.s. c 118: See notes following RCW 46.16.006.
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.16.560
46.16.560 Personalized license plates—Defined. Personalized license plates, as used in this chapter, means
license plates that have displayed upon them the registration
number assigned to the vehicle or camper for which such reg(2004 Ed.)
Vehicle Licenses
istration number was issued in a combination of letters or
numbers, or both, requested by the owner of the vehicle or
camper in accordance with this chapter. [1975 c 59 § 1; 1973
1st ex.s. c 200 § 2.]
Personalized license plates—Legislative declaration: "It is declared
to be the public policy of the state of Washington to direct financial resources
of this state toward the support and aid of the wildlife resources existing
within the state of Washington in order that the general welfare of these
inhabitants of the state be served. For the purposes of *this chapter, wildlife
resources are understood to be those species of wildlife other than that managed by the department of fisheries under their existing jurisdiction as well
as all unclassified marine fish, shellfish, and marine invertebrates which
shall remain under the jurisdiction of the director of fisheries. The legislature
further finds that the preservation, protection, perpetuation, and enhancement of such wildlife resources of the state is of major concern to it, and that
aid for a satisfactory environment and ecological balance in this state for
such wildlife resources serves a public interest, purpose, and desire.
It is further declared that such preservation, protection, perpetuation,
and enhancement can be fostered through financial support derived on a voluntary basis from those citizens of the state of Washington who wish to assist
in such objectives; that a desirable manner of accomplishing this is through
offering personalized license plates for certain vehicles and campers the fees
for which are to be directed to the state treasury to the credit of the state
**game fund for the furtherance of the programs, policies, and activities of
the state **game department in preservation, protection, perpetuation, and
enhancement of the wildlife resources that abound within the geographical
limits of the state of Washington.
In particular, the legislature recognizes the benefit of this program to be
specifically directed toward those species of wildlife including but not limited to song birds, protected wildlife, rare and endangered wildlife, aquatic
life, and specialized-habitat types, both terrestrial and aquatic, as well as all
unclassified marine fish, shellfish, and marine invertebrates which shall
remain under the jurisdiction of the director of fisheries that exist within the
limits of the state of Washington." [1975 c 59 § 7; 1973 1st ex.s. c 200 § 1.
Formerly RCW 77.12.175.]
Reviser's note: *(1) The term "this chapter" refers to chapter 77.12
RCW, where this section was originally codified, pursuant to legislative
directive, as RCW 77.12.175. It was subsequently decodified by 1980 c 78 §
32.
**(2) References to the "game fund" and "department of game" mean
the "wildlife fund" and "department of wildlife." See note following RCW
77.04.020.
46.16.565 Personalized license plates—Application.
Any person who is the registered owner of a passenger motor
vehicle, a motor truck, a trailer, a camper, a private bus, or a
motorcycle registered with the department, excluding proportionally registered vehicles, or who makes application for an
original registration or renewal registration of such vehicle or
camper may, upon payment of the fee prescribed in RCW
46.16.585, apply to the department for personalized license
plates, in the manner described in RCW 46.16.580, which
plates shall be affixed to the vehicle or camper for which registration is sought in lieu of the regular license plates. [1985
c 173 § 1; 1983 c 27 § 4; 1975 c 59 § 2; 1973 1st ex.s. c 200
§ 3.]
46.16.565
46.16.570 Personalized license plates—Design. The
personalized license plates shall be the same design as regular license plates, and shall consist of numbers or letters, or
any combination thereof not exceeding seven positions
unless proposed by the department and approved by the
Washington state patrol and not less than one position, to the
extent that there are no conflicts with existing passenger,
commercial, trailer, motorcycle, or special license plates
series or with the provisions of RCW 46.16.230 or 46.16.235:
PROVIDED, That the maximum number of positions on personalized license plates for motorcycles shall be designated
46.16.570
(2004 Ed.)
46.16.590
by the department. [1986 c 108 § 1; 1983 1st ex.s. c 24 § 1;
1975 c 59 § 3; 1973 1st ex.s. c 200 § 4.]
Effective dates—1983 1st ex.s. c 24: "Section 2 of this act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of state government and its existing public institutions, and shall take
effect on July 1, 1983. Section 1 of this act takes effect on July 1, 1984."
[1983 1st ex.s. c 24 § 4.]
46.16.575
46.16.575 Personalized license plates—Issuance to
registered owner only. Personalized license plates shall be
issued only to the registered owner of a vehicle on which they
are to be displayed. [1973 1st ex.s. c 200 § 5.]
46.16.580
46.16.580 Personalized license plates—Application
requirements. An applicant for issuance of personalized
license plates or renewal of such plates in the subsequent year
pursuant to this chapter shall file an application therefor in
such form and by such date as the department may require,
indicating thereon the combination of letters or numbers, or
both, requested as a vehicle license plate number. There shall
be no duplication or conflict with existing or projected vehicle license plate series or other numbering systems for
records kept by the department, and the department may
refuse to issue any combination of letters or numbers, or both,
that may carry connotations offensive to good taste and
decency or which would be misleading or a duplication of
license plates provided for in chapter 46.16 RCW. [1973 1st
ex.s. c 200 § 6.]
46.16.585
46.16.585 Personalized license plates—Fees—
Renewal—Penalty. In addition to the regular registration
fee, and any other fees and taxes required to be paid upon registration, the applicant shall be charged a fee of thirty dollars.
In addition to the regular renewal fee, and in addition to any
other fees and taxes required to be paid, the applicant for a
renewal of such plates shall be charged an additional fee of
twenty dollars: PROVIDED, That any person who purchased
personalized license plates containing three letters and three
digits on or between the dates of August 9, 1971, and November 6, 1973, shall not be required to pay the additional annual
renewal fee of twenty dollars commencing with the year
1976. All personalized license plates must be renewed on an
annual basis, regardless of whether a vehicle on which they
are displayed will not be driven on public highways or may
also be eligible to display permanent license plates valid for
the life of such vehicle without annual renewal. Personalized
license plates that are not renewed must be surrendered to the
department, and failure to do so is a traffic infraction. [1979
ex.s. c 136 § 51; 1975 c 59 § 4; 1973 1st ex.s. c 200 § 7.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.16.590
46.16.590 Personalized license plates—Transfer fees.
Whenever any person who has been issued personalized
license plates applies to the department for transfer of such
plates to a subsequently acquired vehicle or camper eligible
for personalized license plates, a transfer fee of ten dollars
shall be charged in addition to all other appropriate fees.
Such transfer fees shall be deposited in the motor vehicle
fund. [2004 c 223 § 5; 1975 c 59 § 5; 1973 1st ex.s. c 200 §
8.]
[Title 46 RCW—page 73]
46.16.595
Title 46 RCW: Motor Vehicles
46.16.595 Personalized license plates—Transfer or
surrender upon sale or release of vehicle—Penalty. When
any person who has been issued personalized license plates
sells, trades, or otherwise releases ownership of the vehicle
upon which the personalized license plates have been displayed, he shall immediately report the transfer of such plates
to an acquired vehicle or camper eligible for personalized
license plates, pursuant to RCW 46.16.590, or he shall surrender such plates to the department forthwith and release his
priority to the letters or numbers, or combination thereof, displayed on the personalized license plates. Failure to surrender
such plates is a traffic infraction. [1979 ex.s. c 136 § 52; 1975
c 59 § 6; 1973 1st ex.s. c 200 § 9.]
46.16.595
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.16.600 Personalized license plates—Rules and
regulations. The director of licensing may establish such
rules and regulations as may be necessary to carry out the
purposes of RCW 46.16.560 through 46.16.595. [1979 c 158
§ 143; 1973 1st ex.s. c 200 § 10.]
46.16.600
46.16.605 Personalized license plates—Disposition of
fees—Costs. All revenue derived from the fees provided for
in RCW 46.16.585 shall be forwarded to the state treasurer
and be deposited to the credit of the state wildlife fund to be
used for the preservation, protection, perpetuation, and
enhancement of nongame species of wildlife including but
not limited to song birds, raptors, protected wildlife, rare and
endangered wildlife, aquatic life, and specialized-habitat
types, both terrestrial and aquatic, as well as all unclassified
marine fish, shellfish, and marine invertebrates.
Administrative costs incurred by the department of
licensing as a direct result of RCW 46.16.560 through
46.16.605 and 77.12.170 shall be appropriated by the legislature from the state wildlife fund from those funds deposited
therein resulting from the sale of personalized license plates.
If the actual costs incurred by the department of licensing are
less than that which has been appropriated by the legislature
the remainder shall revert to the state wildlife fund. [1988 c
36 § 27; 1983 1st ex.s. c 24 § 2; 1983 c 3 § 118; 1979 c 158 §
144; 1973 1st ex.s. c 200 § 11.]
46.16.605
Effective dates—1983 1st ex.s. c 24: See note following RCW
46.16.570.
State wildlife fund: RCW 77.12.170.
46.16.606 Personalized license plates—Additional
fee. In addition to the fees imposed in RCW 46.16.585 for
application and renewal of personalized license plates an
additional fee of ten dollars shall be charged. The revenue
from the additional fee shall be deposited in the state wildlife
fund and used for the management of resources associated
with the nonconsumptive use of wildlife. [1991 sp.s. c 7 §
13.]
46.16.606
Effective date—1991 sp.s. c 7: See note following RCW 77.65.450.
46.16.630 Moped registration. Application for registration of a moped shall be made to the department of licensing in such manner and upon such forms as the department
shall prescribe, and shall state the name and address of each
owner of the moped to be registered, the vehicle identifica46.16.630
[Title 46 RCW—page 74]
tion number, and such other information as the department
may require, and shall be accompanied by a registration fee
of thirty dollars. Upon receipt of the application and the
application fee, the moped shall be registered and a registration number assigned, which shall be affixed to the moped in
the manner as provided by rules adopted by the department.
The registration provided in this section shall be valid for a
period of twelve months.
Every owner of a moped in this state shall renew the registration, in such manner as the department shall prescribe,
for an additional period of twelve months, upon payment of a
renewal fee of thirty dollars.
Any person acquiring a moped already validly registered
must, within fifteen days of the acquisition or purchase of the
moped, make application to the department for transfer of the
registration, and the application shall be accompanied by a
transfer fee of five dollars.
The registration fees provided in this section shall be in
lieu of any personal property tax or the vehicle excise tax
imposed by chapter 82.44 RCW.
The department shall, at the time the registration number
is assigned, make available a decal or other identifying
device to be displayed on the moped. A fee of one dollar and
fifty cents shall be charged for the decal or other identifying
device.
The provisions of RCW 46.01.130 and 46.01.140 shall
apply to applications for the issuance of registration numbers
or renewals or transfers thereof for mopeds as they do to the
issuance of vehicle licenses, the appointment of agents, and
the collection of application fees. Except for the fee collected
pursuant to RCW 46.01.140, all fees collected under this section shall be deposited in the motor vehicle fund. [2002 c 352
§ 9; 1997 c 241 § 11; 1979 ex.s. c 213 § 5.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Drivers' license, motorcycle endorsement, moped exemption: RCW
46.20.500.
Operation and safety standards for mopeds: RCW 46.61.710, 46.61.720.
46.16.640
46.16.640 Wheelchair conveyances. Wheelchair conveyances that are incapable of complying with RCW
46.37.340 shall be licensed in the manner provided for
mopeds in RCW 46.16.630. [1983 c 200 § 2.]
Severability—1983 c 200: See note following RCW 46.04.710.
Wheelchair conveyances
definition: RCW 46.04.710.
operator's license: RCW 46.20.109.
public roadways, operating on: RCW 46.61.730.
safety standards: RCW 46.37.610.
46.16.670
46.16.670 Boat trailers—Fee for freshwater aquatic
weeds account. In addition to any other fee required under
this chapter, boat trailers shall annually pay a fee of three dollars. The proceeds of this fee shall be deposited in the freshwater aquatic weeds account under RCW 43.21A.650. [1991
c 302 § 3.]
Effective date—1991 c 302: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991,
except section 3 of this act shall be effective for vehicle registrations that
expire August 31, 1992, and thereafter." [1991 c 302 § 6.]
Findings—1991 c 302: See note following RCW 43.21A.650.
(2004 Ed.)
Vehicle Licenses
46.16.680
46.16.680 Kit vehicles. All kit vehicles are licensed as
original transactions when first titled in Washington, and the
following provisions apply:
(1) The department of licensing shall charge original
licensing fees and issue new plates appropriate to the use
class.
(2) An inspection by the Washington state patrol is
required to determine the correct identification number, and
year or make if needed.
(3) The use class is the actual use of the vehicle, i.e. passenger car or truck.
(4) The make shall be listed as "KITV," and the series
and body designation must describe what the vehicle looks
like, i.e. 48 Bradley GT, 57 MG, and must include the word
"replica."
(5) Upon payment of original licensing fees the department may license a kit vehicle under RCW 46.16.305(1) as a
street rod if the vehicle is manufactured to have the same
appearance as a similar vehicle manufactured before 1949.
(6) For a manufactured new vehicle kit and a manufactured body kit, the model year of the vehicle is the year
reflected on the manufacturer's certificate of origin for that
vehicle. If this is not available, the Washington state patrol
shall assign a model year at the time of inspection.
(7) The vehicle identification number (VIN) of a new
vehicle kit and body kit is the vehicle identification number
as reflected on the manufacturer's certificate of origin. If the
VIN is not available, the Washington state patrol shall assign
a VIN at the time of inspection. [1996 c 225 § 10.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.16.685
46.16.685 License plate technology account. The
license plate technology account is created in the state treasury. All receipts collected under RCW 46.01.140(4)(e)(ii)
must be deposited into this account. Expenditures from this
account must support current and future license plate technology and systems integration upgrades for both the department
and correctional industries. Moneys in the account may be
spent only after appropriation. Additionally, the moneys in
this account may be used to reimburse the motor vehicle
account for any appropriation made to implement the digital
license plate system. [2003 c 370 § 4.]
46.16.715
be deposited into the multimodal transportation account.
[2003 c 361 § 502.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
46.16.700
46.16.700 Special license plates—Intent. The legislature has seen an increase in the demand from constituent
groups seeking recognition and funding through the establishment of commemorative or special license plates. The
high cost of implementing a new special license plate series
coupled with the uncertainty of the state's ability to recoup its
costs, has led the legislature to delay the implementation of
new special license plates. In order to address these issues, it
is the intent of the legislature to create a mechanism that will
allow for the evaluation of special license plate requests and
establish a funding policy that will alleviate the financial burden currently placed on the state. Using these two strategies,
the legislature will be better equipped to efficiently process
special license plate legislation. [2003 c 196 § 1.]
Part headings not law—2003 c 196: "Part headings used in this act are
not part of the law." [2003 c 196 § 601.]
46.16.705
46.16.705 Special license plate review board—Created. (1) The special license plate review board is created.
(2) The board will consist of seven members: One member appointed by the governor and who will serve as chair of
the board; four members of the legislature, one from each
caucus of the house of representatives and the senate; a
department of licensing representative appointed by the
director; and a Washington state patrol representative
appointed by the chief.
(3) Members shall serve terms of four years, except that
four of the members initially appointed will be appointed for
terms of two years. No member may be appointed for more
than three consecutive terms.
(4) The legislative transportation committee may remove
members from the board before the expiration of their terms
only for cause based upon a determination of incapacity,
incompetence, neglect of duty, or malfeasance in office as
ordered by the Thurston county superior court, upon petition
and show cause proceedings brought for that purpose in that
court and directed to the board member in question. [2003 c
196 § 101.]
46.16.690
46.16.690 License plate design services—Fee. The
department shall offer license plate design services to organizations that are sponsoring a new special license plate series
or are seeking to redesign the appearance of an existing special license plate series that they sponsored. In providing this
service, the department must work with the requesting organization in determining the specific qualities of the new plate
design and must provide full design services to the organization. The department shall collect from the requesting organization a fee of one thousand five hundred dollars for providing license plate design services. This fee includes one
original license plate design and up to five additional renditions of the original design. If the organization requests the
department to provide further renditions, in addition to the
five renditions provided for under the original fee, the department shall collect an additional fee of five hundred dollars
per rendition. All revenue collected under this section must
(2004 Ed.)
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.715 Board—Administration. (1) The board
shall meet periodically at the call of the chair, but must meet
at least one time each year within ninety days before an
upcoming regular session of the legislature. The board may
adopt its own rules and may establish its own procedures. It
shall act collectively in harmony with recorded resolutions or
motions adopted by a majority vote of the members, and it
must have a quorum present to take a vote on a special license
plate application.
(2) The board will be compensated from the general
appropriation for the legislative transportation committee in
accordance with RCW 43.03.250. Each board member will
be compensated in accordance with RCW 43.03.250 and
reimbursed for actual necessary traveling and other expenses
46.16.715
[Title 46 RCW—page 75]
46.16.725
Title 46 RCW: Motor Vehicles
in going to, attending, and returning from meetings of the
board or that are incurred in the discharge of duties requested
by the chair. However, in no event may a board member be
compensated in any year for more than one hundred twenty
days, except the chair may be compensated for not more than
one hundred fifty days. Service on the board does not qualify
as a service credit for the purposes of a public retirement system.
(3) The board shall keep proper records and is subject to
audit by the state auditor or other auditing entities.
(4) The department of licensing shall provide administrative support to the board, which must include at least the
following:
(a) Provide general staffing to meet the administrative
needs of the board;
(b) Report to the board on the reimbursement status of
any new special license plate series for which the state had to
pay the start-up costs;
(c) Process special license plate applications and confirm
that the sponsoring organization has submitted all required
documentation. If an incomplete application is received, the
department must return it to the sponsoring organization;
(d) Compile the annual financial reports submitted by
sponsoring organizations with active special license plate
series and present those reports to the board for review and
approval.
(5) The legislative transportation committee shall provide general oversight of the board, which must include at
least the following:
(a) Process and approve board member compensation
requests;
(b) Review the annual financial reports submitted to the
board by sponsoring organizations;
(c) Review annually the list of the board's approved and
rejected special license plate proposals submitted by sponsoring organizations. [2003 c 196 § 102.]
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.725
46.16.725 Board—Powers and duties. (1) The creation of the board does not in any way preclude the authority
of the legislature to independently propose and enact special
license plate legislation.
(2) The board must review and either approve or reject
special license plate applications submitted by sponsoring
organizations.
(3) Duties of the board include but are not limited to the
following:
(a) Review and approve the annual financial reports submitted by sponsoring organizations with active special
license plate series and present those annual financial reports
to the legislative transportation committee;
(b) Report annually to the legislative transportation committee on the special license plate applications that were considered by the board;
(c) Issue approval and rejection notification letters to
sponsoring organizations, the department, the chairs of the
senate and house of representatives transportation committees, and the legislative sponsors identified in each application. The letters must be issued within seven days of making
a determination on the status of an application;
[Title 46 RCW—page 76]
(d) Review annually the number of plates sold for each
special license plate series created after January 1, 2003. The
board may submit a recommendation to discontinue a special
plate series to the chairs of the senate and house of representatives transportation committees. [2003 c 196 § 103.]
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.735
46.16.735 Special license plates—Sponsoring organization requirements. (1) For an organization to qualify for
a special license plate under the special license plate approval
program created in RCW 46.16.705 through 46.16.765, the
sponsoring organization must submit documentation in conjunction with the application to the department that verifies:
(a) That the organization is a nonprofit organization, as
defined in 26 U.S.C. Sec. 501(c)(3). The department may
request a copy of an Internal Revenue Service ruling to verify
an organization's nonprofit status; and
(b) That the organization is located in Washington and
has registered as a charitable organization with the secretary
of state's office as required by law.
(2) For a governmental body to qualify for a special
license plate under the special license plate approval program
created in RCW 46.16.705 through 46.16.765, a governmental body must be:
(a) A political subdivision, including but not limited to
any county, city, town, municipal corporation, or special purpose taxing district that has the express permission of the
political subdivision's executive body to sponsor a special
license plate;
(b) A federally recognized tribal government that has
received the approval of the executive body of that government to sponsor a special license plate;
(c) A state agency that has received approval from the
director of the agency or the department head; or
(d) A community or technical college that has the
express permission of the college's board of trustees to sponsor a special license plate. [2004 c 222 § 3; 2003 c 196 §
201.]
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.745
46.16.745 Special license plates—Application
requirements. (1) A sponsoring organization meeting the
requirements of RCW 46.16.735, applying for the creation of
a special license plate to the special license plate review
board must, on an application supplied by the department,
provide the minimum application requirements in subsection
(2) of this section. If the sponsoring organization cannot
meet the payment requirements of subsection (2) of this section, then the organization must meet the requirements of
subsection (3) of this section.
(2) The sponsoring organization shall:
(a) Submit prepayment of all start-up costs associated
with the creation and implementation of the special license
plate in an amount determined by the department. The
department shall place this money into the special license
p la te a p p l ica n t tr u s t a c c o u n t c r e a ted u n d e r RC W
46.16.755(3);
(b) Provide a proposed license plate design;
(2004 Ed.)
Vehicle Licenses
(c) Provide a marketing strategy outlining short and
long-term marketing plans for the special license plate and a
financial analysis outlining the anticipated revenue and the
planned expenditures of the revenues derived from the sale of
the special license plate;
(d) Provide a signature of a legislative sponsor and proposed legislation creating the special license plate; and
(e) Provide proof of organizational qualifications as
determined by the department as provided for in RCW
46.16.735.
(3) If the sponsoring organization is not able to meet the
payment requirements of subsection (2)(a) of this section and
can demonstrate this fact to the satisfaction of the department, the sponsoring organization shall:
(a) Submit an application and nonrefundable fee of two
thousand dollars, for deposit in the motor vehicle account, to
the department;
(b) Provide signature sheets that include signatures from
individuals who intend to purchase the special license plate
and the number of plates each individual intends to purchase.
The sheets must reflect a minimum of two thousand intended
purchases of the special license plate;
(c) Provide a proposed license plate design;
(d) Provide a marketing strategy outlining short and
long-term marketing plans for the special license plate and a
financial analysis outlining the anticipated revenue and the
planned expenditures of the revenues derived from the sale of
the special license plate;
(e) Provide a signature of a legislative sponsor and proposed legislation creating the special license plate; and
(f) Provide proof of organizational qualifications as
determined by the department as provided in RCW
46.16.735.
(4) After an application is approved by the special
license plate review board, the application need not be
reviewed again by the board for a period of three years.
[2003 c 196 § 301.]
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.755
46.16.755 Special license plates—Disposition of revenues. (1)(a) Revenues generated from the sale of special
license plates for those sponsoring organizations who used
the application process in RCW 46.16.745(3) must be deposited into the motor vehicle account until the department
determines that the state's implementation costs have been
fully reimbursed. The department shall apply the application
fee required under RCW 46.16.745(3)(a) towards those costs.
(b) When it is determined that the state has been fully
reimbursed the department must notify the house of representatives and senate transportation committees, the sponsoring
organization, and the treasurer, and commence the distribution of the revenue as otherwise provided by law.
(2) If reimbursement does not occur within two years
from the date the plate is first offered for sale to the public,
the special license plate series must be placed in probationary
status for a period of one year from that date. If the state is
still not fully reimbursed for its implementation costs after
the one-year probation, the plate series must be discontinued
immediately. Special plates issued before discontinuation
are valid until replaced under RCW 46.16.233.
(2004 Ed.)
46.16.765
(3) The special license plate applicant trust account is
created in the custody of the state treasurer. All receipts from
special license plate applicants, except the application fee as
provided in RCW 46.16.745(3), must be deposited into the
account. Only the director of the department or the director's
designee may authorize disbursements from the account. The
account is not subject to the allotment procedures under
chapter 43.88 RCW, nor is an appropriation required for disbursements.
(4) The department shall provide the special license plate
applicant with a written receipt for the payment.
(5) The department shall maintain a record of each special license plate applicant trust account deposit, including,
but not limited to, the name and address of each special
license plate applicant whose funds are being deposited, the
amount paid, and the date of the deposit.
(6) After the department receives written notice that the
special license plate applicant's application has been:
(a) Approved by the legislature the director shall request
that the money be transferred to the motor vehicle account;
(b) Denied by the special license plate review board or
the legislature the director shall provide a refund to the applicant within thirty days; or
(c) Withdrawn by the special license plate applicant the
director shall provide a refund to the applicant within thirty
days. [2004 c 222 § 4; 2003 c 196 § 302.]
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.765 Special license plates—Continuing
requirements. (1) Within thirty days of legislative enactment of a new special license plate series for a qualifying
organization meeting the requirements of RCW
46.16.735(1), the department shall enter into a written agreement with the organization that sponsored the special license
plate. The agreement must identify the services to be performed by the sponsoring organization. The agreement must
be consistent with all applicable state law and include the following provision:
46.16.765
"No portion of any funds disbursed under the agreement
may be used, directly or indirectly, for any of the following
purposes:
(a) Attempting to influence: (i) The passage or defeat of
legislation by the legislature of the state of Washington, by a
county, city, town, or other political subdivision of the state
of Washington, or by the Congress; or (ii) the adoption or
rejection of a rule, standard, rate, or other legislative enactment of a state agency;
(b) Making contributions reportable under chapter 42.17
RCW; or
(c) Providing a: (i) Gift; (ii) honoraria; or (iii) travel,
lodging, meals, or entertainment to a public officer or
employee."
(2) The sponsoring organization must submit an annual
financial report by September 30th of each year to the department detailing actual revenues and expenditures of the revenues received from sales of the special license plate. Consistent with the agreement under subsection (1) of this section,
the sponsoring organization must expend the revenues generated from the sale of the special license plate series for the
[Title 46 RCW—page 77]
46.16.775
Title 46 RCW: Motor Vehicles
benefit of the public, and it must be spent within this state.
Disbursement of the revenue generated from the sale of the
special license plate to the sponsoring organization is contingent upon the organization meeting all reporting and review
requirements as required by the department.
(3) If the sponsoring organization ceases to exist or the
purpose of the special license plate series ceases to exist, revenues generated from the sale of the special license plates
must be deposited into the motor vehicle account.
(4) A sponsoring organization may not seek to redesign
its plate series until all of the inventory is sold or purchased
by the organization itself. All cost for redesign of a plate
series must be paid by the sponsoring organization. [2003 c
196 § 303.]
a plate series must be paid by the sponsoring organization.
[2003 c 196 § 304.]
Part headings not law—2003 c 196: See note following RCW
46.16.700.
46.16.900
46.16.900 Severability—1973 1st ex.s. c 132. If any
provision of this 1973 amendatory act is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder
of the amendatory act and the applicability thereof to persons
and circumstances shall not be affected thereby. [1973 1st
ex.s. c 132 § 24.]
Chapter 46.20 RCW
DRIVERS' LICENSES—IDENTICARDS
Chapter 46.20
Part headings not law—2003 c 196: See note following RCW
46.16.700.
Sections
46.16.775
46.16.775 Special license plates—Nonreviewed
plates. (1) A special license plate series created by the legislature after January 1, 2004, that has not been reviewed and
approved by the special license plate review board is subject
to the following requirements:
(a) The organization sponsoring the license plate series
shall, within thirty days of enactment of the legislation creating the plate series, submit prepayment of all start-up costs
associated with the creation and implementation of the special license plate in an amount determined by the department.
The prepayment will be credited to the motor vehicle fund.
The creation and implementation of the plate series may not
commence until payment is received by the department.
(b) If the sponsoring organization is not able to meet the
prepayment requirements in (a) of this subsection and can
demonstrate this fact to the satisfaction of the department, the
revenues generated from the sale of the special license plates
must be deposited in the motor vehicle account until the
department determines that the state's portion of the implementation costs have been fully reimbursed. When it is
determined that the state has been fully reimbursed the
department must notify the treasurer to commence distribution of the revenue according to statutory provisions.
(c) The sponsoring organization must provide a proposed license plate design to the department within thirty
days of enactment of the legislation creating the plate series.
(2) The state must be reimbursed for its portion of the
implementation costs within two years from the date the new
plate series goes on sale to the public. If the reimbursement
does not occur within the two-year time frame, the special
license plate series must be placed in probationary status for
a period of one year from that date. If the state is still not
fully reimbursed for its implementation costs after the oneyear probation, the plate series must be discontinued immediately. Those plates issued before discontinuation are valid
until replaced under RCW 46.16.233.
(3) If the sponsoring organization ceases to exist or the
purpose of the special plate series ceases to exist, revenues
generated from the sale of the special license plates must be
deposited into the motor vehicle account.
(4) A sponsoring organization may not seek to redesign
their plate series until all of the existing inventory is sold or
purchased by the organization itself. All cost for redesign of
[Title 46 RCW—page 78]
DRIVER'S LICENSE AND PERMIT REQUIREMENTS
46.20.001
46.20.005
46.20.015
46.20.017
46.20.021
46.20.022
46.20.024
46.20.025
46.20.027
46.20.031
46.20.035
46.20.037
46.20.038
46.20.041
46.20.045
46.20.049
46.20.055
46.20.065
46.20.070
46.20.075
License required—Rights and restriction.
Driving without a license—Misdemeanor, when.
Driving without a license—Traffic infraction, when.
Immediate possession and displayed on demand.
New residents.
Unlicensed drivers—Subject to Title 46 RCW.
Unlawful to allow unauthorized minors to drive.
Exemptions.
Armed forces, dependents.
Ineligibility.
Proof of identity.
Biometric matching system.
Biometric matching system—Funding.
Physically or mentally disabled persons.
School bus, for hire drivers—Age.
Commercial driver's license—Additional fee, disposition.
Instruction permit.
Temporary permit.
Juvenile agricultural driving permit.
Intermediate license.
OBTAINING OR RENEWING A DRIVER'S LICENSE
46.20.091
46.20.0921
46.20.093
46.20.095
46.20.100
46.20.105
46.20.109
46.20.113
46.20.1131
46.20.114
46.20.117
46.20.118
46.20.119
46.20.120
46.20.130
46.20.153
46.20.155
46.20.157
46.20.161
46.20.181
46.20.185
46.20.187
46.20.200
46.20.205
Application—Penalty for false statement—Driving records
from and to other jurisdictions.
Violations—Penalty.
Bicycle safety.
Instructional publication information.
Persons under eighteen.
Identifying types of licenses and permits.
Wheelchair conveyances.
Anatomical gift statement.
Information for organ donor registry.
Preventing alteration or reproduction.
Identicards.
Negative file.
Reasonable rules.
Examinations—Waiver—Renewals—Fees.
Content and conduct of examinations.
Voter registration—Posting signs.
Voter registration—Services.
Data to department of information services—Confidentiality.
Issuance of license—Contents—Fee.
Expiration date—Renewal—Fees—Penalty.
Photograph during renewal.
Registration of sex offenders.
Lost, destroyed, corrected licenses or permits.
Change of address or name.
RESTRICTING THE DRIVING PRIVILEGE
46.20.207
46.20.215
46.20.220
46.20.265
46.20.267
Cancellation.
Nonresidents—Suspension or revocation—Reporting offenders.
Vehicle rentals—Records.
Juvenile driving privileges—Revocation for alcohol or drug
violations.
Intermediate licensees.
(2004 Ed.)
Drivers' Licenses—Identicards
46.20.270
46.20.285
46.20.286
46.20.289
46.20.291
46.20.292
46.20.293
46.20.300
46.20.305
46.20.308
46.20.3101
46.20.311
46.20.315
46.20.317
46.20.320
Conviction of offense requiring suspension or revocation—
Procedures, records, reporting, definition.
Offenses requiring revocation.
Adoption of procedures.
Suspension for failure to respond, appear, etc.
Authority to suspend—Grounds.
Finding of juvenile court officer.
Minor's record to juvenile court, parents, or guardians.
Extraterritorial convictions.
Incompetent, unqualified driver—Reexamination—Physician's certificate—Action by department.
Implied consent—Test refusal—Procedures.
Implied consent—License sanctions, length of.
Duration of license sanctions—Reissuance or renewal.
Surrender of license.
Unlicensed drivers.
Suspension, etc., effective although certificate not delivered.
DRIVER IMPROVEMENT
46.20.322
46.20.323
46.20.324
46.20.325
46.20.326
46.20.327
46.20.328
46.20.329
46.20.331
46.20.332
46.20.333
46.20.334
46.20.335
Interview before suspension, etc.—Exceptions—Appearance
of minor's parent or guardian.
Notice of interview—Contents.
Persons not entitled to interview or hearing.
Suspension or probation before interview—Alternative procedure.
Failure to appear or request interview constitutes waiver—
Procedure.
Conduct of interview—Referee—Evidence—Not deemed
hearing.
Findings and notification after interview—Request for formal
hearing.
Formal hearing—Procedures, notice, stay.
Hearing and decision by director's designee.
Formal hearing—Evidence—Subpoenas—Reexamination—
Findings and recommendations.
Decision after formal hearing.
Appeal to superior court.
Probation in lieu of suspension or revocation.
DRIVING OR USING LICENSE WHILE SUSPENDED OR REVOKED
46.20.338
46.20.342
46.20.345
46.20.349
46.20.355
Display or possession of invalidated license or identicard.
Driving while license invalidated—Penalties—Extension of
invalidation.
Operation under other license or permit while license suspended or revoked—Penalty.
Stopping vehicle of suspended or revoked driver.
Alcohol violator—Probationary license.
OCCUPATIONAL, TEMPORARY RESTRICTED LICENSES
46.20.380
46.20.391
46.20.394
46.20.400
46.20.410
Fee.
Application—Eligibility—Restrictions—Cancellation.
Detailed restrictions—Violation.
Obtaining new driver's license—Surrender of order and current license.
Penalty.
MOTORCYCLES
46.20.500
46.20.505
46.20.510
46.20.515
46.20.520
Special endorsement—Exceptions.
Endorsement fees, amount and distribution.
Instruction permit—Fee.
Examination—Emphasis—Waiver.
Training and education program—Advisory board.
46.20.710
46.20.720
46.20.740
Legislative finding.
Drivers convicted of alcohol offenses.
Notation on driving record—Verification of interlock—Penalty.
Assisting another in starting or operating—Penalty.
ALCOHOL DETECTION DEVICES
46.20.750
MISCELLANEOUS
46.20.900
46.20.910
46.20.911
Repeal and saving.
Severability—1965 ex.s. c 121.
Severability, implied consent law—1969 c 1.
46.20.017
DRIVER'S LICENSE AND PERMIT REQUIREMENTS
46.20.001
46.20.001 License required—Rights and restriction.
(1) No person may drive a motor vehicle upon a highway in
this state without first obtaining a valid driver's license issued
to Washington residents under this chapter. The only exceptions to this requirement are those expressly allowed by
RCW 46.20.025.
(2) A person licensed as a driver under this chapter:
(a) May exercise the privilege upon all highways in this
state;
(b) May not be required by a political subdivision to
obtain any other license to exercise the privilege; and
(c) May not have more than one valid driver's license at
any time. [1999 c 6 § 3.]
Intent—1999 c 6: See note following RCW 46.04.168.
46.20.005
46.20.005 Driving without a license—Misdemeanor,
when. Except as expressly exempted by this chapter, it is a
misdemeanor for a person to drive any motor vehicle upon a
highway in this state without a valid driver's license issued to
Washington residents under this chapter. This section does
not apply if at the time of the stop the person is not in violation of RCW 46.20.342(1) or *46.20.420 and has in his or her
possession an expired driver's license or other valid identifying documentation under RCW 46.20.035. A violation of this
section is a lesser included offense within the offenses
described in RCW 46.20.342(1) or *46.20.420. [1997 c 66 §
1.]
*Reviser's note: RCW 46.20.420 was recodified as RCW 46.20.345,
June 1999.
46.20.015
46.20.015 Driving without a license—Traffic infraction, when. (1) Except as expressly exempted by this chapter, it is a traffic infraction and not a misdemeanor under
RCW 46.20.005 if a person:
(a) Drives any motor vehicle upon a highway in this state
without a valid driver's license issued to Washington residents under this chapter in his or her possession;
(b) Provides the citing officer with an expired driver's
license or other valid identifying documentation under RCW
46.20.035 at the time of the stop; and
(c) Is not driving while suspended or revoked in violation of RCW 46.20.342(1) or *46.20.420.
(2) A person who violates this section is subject to a penalty of two hundred fifty dollars. If the person appears in person before the court or submits by mail written proof that he
or she obtained a valid license after being cited, the court
shall reduce the penalty to fifty dollars. [1999 c 6 § 4; 1997 c
66 § 2.]
*Reviser's note: RCW 46.20.420 was recodified as RCW 46.20.345,
June 1999.
Intent—1999 c 6: See note following RCW 46.04.168.
46.20.017
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Traffic infractions—Monetary penalty schedule—IRLJ 6.2.
Allowing unauthorized person to drive—Penalty: RCW 46.16.011.
Juvenile driving privileges, alcohol or drug violations: RCW 66.44.365,
69.50.420.
(2004 Ed.)
46.20.017 Immediate possession and displayed on
demand. Every licensee shall have his driver's license in his
immediate possession at all times when operating a motor
vehicle and shall display the same upon demand to any police
officer or to any other person when and if required by law to
do so. The offense described in this section is a nonmoving
[Title 46 RCW—page 79]
46.20.021
Title 46 RCW: Motor Vehicles
offense. [1979 ex.s. c 136 § 56; 1965 ex.s. c 121 § 15; 1961
c 12 § 46.20.190. Prior: 1937 c 188 § 59; RRS § 6312-59;
1921 c 108 § 7, part; RRS § 6369, part. Formerly RCW
46.20.190.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Driver's license, duty to display under other circumstances: RCW
46.52.020, 46.61.020, 46.61.021.
46.20.021
46.20.021 New residents. (1) New Washington residents must obtain a valid Washington driver's license within
thirty days from the date they become residents.
(2) To qualify for a Washington driver's license, a person
must surrender to the department all valid driver's licenses
that any other jurisdiction has issued to him or her. The
department must invalidate the surrendered photograph
license and may return it to the person.
(a) The invalidated license, along with a valid temporary
Washington driver's license provided for in RCW 46.20.065,
is proper identification.
(b) The department shall notify the previous issuing
department that the licensee is now licensed in a new jurisdiction.
(3) For the purposes of obtaining a valid driver's license,
a resident is a person who manifests an intent to live or be
located in this state on more than a temporary or transient
basis. Evidence of residency includes but is not limited to:
(a) Becoming a registered voter in this state; or
(b) Receiving benefits under one of the Washington public assistance programs; or
(c) Declaring residency for the purpose of obtaining a
state license or tuition fees at resident rates.
(4)(a) "Washington public assistance programs" means
public assistance programs that receive more than fifty percent of the combined costs of benefits and administration
from state funds.
(b) "Washington public assistance programs" does not
include:
(i) The Food Stamp program under the federal Food
Stamp Act of 1964;
(ii) Programs under the Child Nutrition Act of 1966, 42
U.S.C. Secs. 1771 through 1788;
(iii) Temporary Assistance for Needy Families; and
(iv) Any other program that does not meet the criteria of
(a) of this subsection. [1999 c 6 § 5. Prior: 1997 c 66 § 3;
1997 c 59 § 8; 1996 c 307 § 5; prior: 1991 c 293 § 3; 1991 c
73 § 1; 1990 c 250 § 33; 1988 c 88 § 1; 1985 c 302 § 2; 1979
ex.s. c 136 § 53; 1965 ex.s. c 121 § 2.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Purpose—Construction—1965 ex.s. c 121: "With the advent of
greatly increased interstate vehicular travel and the migration of motorists
between the states, the legislature recognizes the necessity of enacting driver
licensing laws which are reasonably uniform with the laws of other states
and are at the same time based upon sound, realistic principles, stated in clear
explicit language. To achieve these ends the legislature does hereby adopt
this 1965 amendatory act relating to driver licensing modeled after the Uniform Vehicle Code subject to such variances as are deemed better suited to
[Title 46 RCW—page 80]
the people of this state. It is intended that this 1965 amendatory act be liberally construed to effectuate the purpose of improving the safety of our highways through driver licensing procedures within the framework of the traditional freedoms to which every motorist is entitled." [1965 ex.s. c 121 § 1.]
46.20.022
46.20.022 Unlicensed drivers—Subject to Title 46
RCW. Any person who operates a motor vehicle on the public highways of this state without a driver's license or nonresident privilege to drive shall be subject to all of the provisions
of Title 46 RCW to the same extent as a person who is
licensed. [1975-'76 2nd ex.s. c 29 § 1.]
Allowing unauthorized person to drive: RCW 46.16.011, 46.20.024.
46.20.024
46.20.024 Unlawful to allow unauthorized minors to
drive. No person shall cause or knowingly permit his child
or ward under the age of eighteen years to drive a motor vehicle upon any highway when such minor is not authorized
hereunder or in violation of any of the provisions of this
chapter. [1965 ex.s. c 121 § 44. Formerly RCW 46.20.343.]
46.20.025
46.20.025 Exemptions. The following persons may
operate a motor vehicle on a Washington highway without a
valid Washington driver's license:
(1) A member of the United States Army, Navy, Air
Force, Marine Corps, or Coast Guard, or in the service of the
National Guard of this state or any other state, if licensed by
the military to operate an official motor vehicle in such service;
(2) A nonresident driver who is at least:
(a) Sixteen years of age and has immediate possession of
a valid driver's license issued to the driver by his or her home
state; or
(b) Fifteen years of age with:
(i) A valid instruction permit issued to the driver by his
or her home state; and
(ii) A licensed driver who has had at least five years of
driving experience occupying a seat beside the driver; or
(c) Sixteen years of age and has immediate possession of
a valid driver's license issued to the driver by his or her home
country. A nonresident driver may operate a motor vehicle in
this state under this subsection (2)(c) for up to one year;
(3) Any person operating special highway construction
equipment as defined in RCW 46.16.010;
(4) Any person while driving or operating any farm tractor or implement of husbandry that is only incidentally operated or moved over a highway; or
(5) An operator of a locomotive upon rails, including a
railroad crossing over a public highway. A locomotive operator is not required to display a driver's license to any law
enforcement officer in connection with the operation of a
locomotive or train within this state. [1999 c 6 § 6; 1993 c
148 § 1; 1979 c 75 § 1; 1965 ex.s. c 121 § 3.]
Intent—1999 c 6: See note following RCW 46.04.168.
46.20.027
46.20.027 Armed forces, dependents. A Washington
state motor vehicle driver's license issued to any service
member if valid and in force and effect while such person is
serving in the armed forces, shall remain in full force and
effect so long as such service continues unless the same is
sooner suspended, canceled, or revoked for cause as provided
by law and for not to exceed ninety days following the date
(2004 Ed.)
Drivers' Licenses—Identicards
on which the holder of such driver's license is honorably separated from service in the armed forces of the United States.
A Washington state driver's license issued to the spouse or
dependent child of such service member likewise remains in
full force and effect if the person is residing with the service
member.
For purposes of this section, "service member" means
every person serving in the armed forces whose branch of
service as of the date of application for the driver's license is
included in the definition of veteran pursuant to RCW
41.04.007 or the person will meet the definition of veteran at
the time of discharge. [2002 c 292 § 3; 1999 c 199 § 1; 1967
c 129 § 1.]
Effective date—1999 c 199: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 1999]." [1999 c 199 § 5.]
46.20.031
46.20.031 Ineligibility. The department shall not issue
a driver's license to a person:
(1) Who is under the age of sixteen years;
(2) Whose driving privilege has been withheld unless
and until the department may authorize the driving privilege
under RCW 46.20.311;
(3) Who has been classified as an alcoholic, drug addict,
alcohol abuser, or drug abuser by a program approved by the
department of social and health services. The department
may, however, issue a license if the person:
(a) Has been granted a deferred prosecution under chapter 10.05 RCW; or
(b) Is satisfactorily participating in or has successfully
completed an alcohol or drug abuse treatment program
approved by the department of social and health services and
has established control of his or her alcohol or drug abuse
problem;
(4) Who has previously been adjudged to be mentally ill
or insane, or to be incompetent due to a mental disability or
disease. The department shall, however, issue a license to the
person if he or she otherwise qualifies and:
(a) Has been restored to competency by the methods provided by law; or
(b) The superior court finds the person able to operate a
motor vehicle with safety upon the highways during such
incompetency;
(5) Who has not passed the driver's licensing examination required by RCW 46.20.120 and 46.20.305, if applicable;
(6) Who is required under the laws of this state to deposit
proof of financial responsibility and who has not deposited
such proof;
(7) Who is unable to safely operate a motor vehicle upon
the highways due to a physical or mental disability. The
department's conclusion that a person is barred from licensing under this subsection must be reasonable and be based
upon good and substantial evidence. This determination is
subject to review by a court of competent jurisdiction. [2002
c 279 § 3; 1999 c 6 § 7; 1995 c 219 § 1; 1993 c 501 § 2; 1985
c 101 § 1; 1977 ex.s. c 162 § 1; 1965 ex.s. c 121 § 4.]
Intent—1999 c 6: See note following RCW 46.04.168.
Allowing unauthorized person to drive: RCW 46.16.011, 46.20.024.
(2004 Ed.)
46.20.037
Juvenile driving privileges, alcohol or drug violations: RCW 66.44.365,
69.50.420.
46.20.035
46.20.035 Proof of identity. The department may not
issue an identicard or a Washington state driver's license that
is valid for identification purposes unless the applicant meets
the identification requirements of subsection (1), (2), or (3) of
this section.
(1) A driver's license or identicard applicant must provide the department with at least one of the following pieces
of valid identifying documentation that contains the signature
and a photograph of the applicant:
(a) A valid or recently expired driver's license or instruction permit that includes the date of birth of the applicant;
(b) A Washington state identicard or an identification
card issued by another state;
(c) An identification card issued by the United States, a
state, or an agency of either the United States or a state, of a
kind commonly used to identify the members or employees
of the government agency;
(d) A military identification card;
(e) A United States passport; or
(f) An Immigration and Naturalization Service form.
(2) An applicant who is a minor may establish identity
by providing an affidavit of the applicant's parent or guardian. The parent or guardian must accompany the minor and
display or provide:
(a) At least one piece of documentation in subsection (1)
of this section establishing the identity of the parent or guardian; and
(b) Additional documentation establishing the relationship between the parent or guardian and the applicant.
(3) A person unable to provide identifying documentation as specified in subsection (1) or (2) of this section may
request that the department review other available documentation in order to ascertain identity. The department may
waive the requirement if it finds that other documentation
clearly establishes the identity of the applicant.
(4) An identicard or a driver's license that includes a photograph that has been renewed by mail or by electronic commerce is valid for identification purposes if the applicant met
the identification requirements of subsection (1), (2), or (3) of
this section at the time of previous issuance.
(5) The form of an applicant's name, as established under
this section, is the person's name of record for the purposes of
this chapter.
(6) If the applicant is unable to prove his or her identity
under this section, the department shall plainly label the
license "not valid for identification purposes." [2004 c 249 §
2; 1999 c 6 § 8; 1998 c 41 § 10; 1993 c 452 § 1.]
Intent—1999 c 6: See note following RCW 46.04.168.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
46.20.037
46.20.037 Biometric matching system. (1) No later
than January 1, 2006, the department shall implement a voluntary biometric matching system for driver's licenses and
identicards. The biometric matching system shall be used
only to verify the identity of an applicant for a renewal or
duplicate driver's license or identicard by matching a biometric identifier submitted by the applicant against the biometric
[Title 46 RCW—page 81]
46.20.038
Title 46 RCW: Motor Vehicles
identifier submitted when the license was last issued. This
project requires a full review by the information services
board using the criteria for projects of the highest visibility
and risk.
(2) The biometric matching system selected by the
department shall be capable of highly accurate matching, and
shall be compliant with biometric standards established by
the American association of motor vehicle administrators.
(3) The biometric matching system selected by the
department must incorporate a process that allows the owner
of a driver's license or identicard to present a personal identification number or other code along with the driver's license
or identicard before the information may be verified by a
third party.
(4) Upon the establishment of a biometric driver's
license and identicard system as described in this section, the
department shall allow every person applying for an original,
renewal, or duplicate driver's license or identicard to voluntarily submit a biometric identifier. Each applicant shall be
informed of all ways in which the biometric identifier may be
used, all parties to whom the identifier may be disclosed and
the conditions of disclosure, the expected error rates for the
biometric matching system which shall be regularly updated
as the technology changes or empirical data is collected, and
the potential consequences of those errors. The department
shall adopt rules to allow applicants to verify the accuracy of
the system at the time that biometric information is submitted, including the use of at least two separate devices.
(5) The department may not disclose biometric information to the public or any governmental entity except when
authorized by court order.
(6) All biometric information shall be stored with appropriate safeguards, including but not limited to encryption.
(7) The department shall develop procedures to handle
instances in which the biometric matching system fails to
verify the identity of an applicant for a renewal or duplicate
driver's license or identicard. These procedures shall allow an
applicant to prove identity without using a biometric identifier.
(8) Any person who has voluntarily submitted a biometric identifier may choose to discontinue participation in the
biometric matching program at any time, provided that the
department utilizes a secure procedure to prevent fraudulent
requests for a renewal or duplicate driver's license or identicard. When the person discontinues participation, any previously collected biometric information shall be destroyed.
(9) If *Engrossed Substitute Senate Bill No. 5428 or
House Bill No. 1681 is enacted into law, this section does not
apply when an applicant renews his or her driver's license or
identicard by mail or electronic commerce. [2004 c 273 § 3.]
*Reviser's note: ESSB 5428 was enacted as 2004 c 249; HB 1681 did
not pass.
Finding—Purpose—Effective date—2004 c 273: See notes following
RCW 9.35.020.
46.20.038
46.20.038 Biometric matching system—Funding. (1)
The department is authorized to charge persons opting to submit a biometric identifier under RCW 46.20.037 an additional fee of no more than two dollars at the time of application for an original, renewal, or duplicate driver's license or
identicard issued by the department. This fee shall be used
[Title 46 RCW—page 82]
exclusively to defray the cost of implementation and ongoing
operation of a biometric security system.
(2) The biometric security account is created in the state
treasury. All receipts from subsection (1) of this section shall
be deposited into the account. Moneys in the account may be
spent only after appropriation. Expenditures from the
account must be used only for the purpose of defraying the
cost of implementation and ongoing operation of a biometric
security system. [2004 c 273 § 4.]
Finding—Purpose—Effective date—2004 c 273: See notes following
RCW 9.35.020.
46.20.041 Physically or mentally disabled persons.
(1) If the department has reason to believe that a person is
suffering from a physical or mental disability or disease that
may affect that person's ability to drive a motor vehicle, the
department must evaluate whether the person is able to safely
drive a motor vehicle. As part of the evaluation:
(a) The department shall permit the person to demonstrate personally that notwithstanding the disability or disease
he or she is able to safely drive a motor vehicle.
(b) The department may require the person to obtain a
statement signed by a licensed physician or other proper
authority designated by the department certifying the person's condition.
(i) The statement is for the confidential use of the director and the chief of the Washington state patrol and for other
public officials designated by law. It is exempt from public
inspection and copying notwithstanding chapter 42.17 RCW.
(ii) The statement may not be offered as evidence in any
court except when appeal is taken from the order of the director canceling or withholding a person's driving privilege.
However, the department may make the statement available
to the director of the department of retirement systems for use
in determining eligibility for or continuance of disability benefits and it may be offered and admitted as evidence in any
administrative proceeding or court action concerning the disability benefits.
(2) On the basis of the evaluation the department may:
(a) Issue or renew a driver's license to the person without
restrictions;
(b) Cancel or withhold the driving privilege from the
person; or
(c) Issue a restricted driver's license to the person. The
restrictions must be suitable to the licensee's driving ability.
The restrictions may include:
(i) Special mechanical control devices on the motor vehicle operated by the licensee;
(ii) Limitations on the type of motor vehicle that the licensee may operate; or
(iii) Other restrictions determined by the department to
be appropriate to assure the licensee's safe operation of a
motor vehicle.
(3) The department may either issue a special restricted
license or may set forth the restrictions upon the usual license
form.
(4) The department may suspend or revoke a restricted
license upon receiving satisfactory evidence of any violation
of the restrictions. In that event the licensee is entitled to a
driver improvement interview and a hearing as provided by
RCW 46.20.322 or 46.20.328.
46.20.041
(2004 Ed.)
Drivers' Licenses—Identicards
(5) Operating a motor vehicle in violation of the restrictions imposed in a restricted license is a traffic infraction.
[1999 c 274 § 12; 1999 c 6 § 9; 1986 c 176 § 1; 1979 ex.s. c
136 § 54; 1979 c 61 § 2; 1965 ex.s. c 121 § 5.]
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.20.045
46.20.045 School bus, for hire drivers—Age. A person who is under the age of eighteen years shall not drive:
(1) A school bus transporting school children; or
(2) A motor vehicle transporting persons for compensation. [1999 c 6 § 10; 1971 ex.s. c 292 § 43; 1965 ex.s. c 121
§ 6.]
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
46.20.049
46.20.049 Commercial driver's license—Additional
fee, disposition. There shall be an additional fee for issuing
any class of commercial driver's license in addition to the prescribed fee required for the issuance of the original driver's
license. The additional fee for each class shall not exceed
twenty dollars for the original commercial driver's license or
subsequent renewals, unless the commercial driver's license
is renewed or extended for a period other than five years, in
which case the fee for each class shall not exceed four dollars
for each year that the commercial driver's license is renewed
or extended. The fee shall be deposited in the highway safety
fund. [1999 c 308 § 4; 1989 c 178 § 21; 1985 ex.s. c 1 § 7;
1969 ex.s. c 68 § 3; 1967 ex.s. c 20 § 4. Formerly RCW
46.20.470.]
Effective date—1999 c 308: See note following RCW 46.20.120.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date—1967 ex.s. c 20: "Sections 1, 3, and 4 of this amendatory act shall be effective January 1, 1968." [1967 ex.s. c 20 § 5.]
46.20.055
46.20.055 Instruction permit. (1) Driver's instruction permit. The department may issue a driver's instruction
permit with or without a photograph to an applicant who has
successfully passed all parts of the examination other than the
driving test, provided the information required by RCW
46.20.091, paid a fee of fifteen dollars, and meets the following requirements:
(a) Is at least fifteen and one-half years of age; or
(b) Is at least fifteen years of age and:
(i) Has submitted a proper application; and
(ii) Is enrolled in a traffic safety education program
offered, approved, and accredited by the superintendent of
public instruction or offered by a driver training school
licensed and inspected by the department of licensing under
chapter 46.82 RCW, that includes practice driving.
(2) Waiver of written examination for instruction
permit. The department may waive the written examination,
if, at the time of application, an applicant is enrolled in:
(a) A traffic safety education course as defined by RCW
28A.220.020(2); or
(b) A course of instruction offered by a licensed driver
training school as defined by RCW 46.82.280(1).
(2004 Ed.)
46.20.070
The department may require proof of registration in such
a course as it deems necessary.
(3) Effect of instruction permit. A person holding a
driver's instruction permit may drive a motor vehicle, other
than a motorcycle, upon the public highways if:
(a) The person has immediate possession of the permit;
and
(b) An approved instructor, or a licensed driver with at
least five years of driving experience, occupies the seat
beside the driver.
(4) Term of instruction permit. A driver's instruction
permit is valid for one year from the date of issue.
(a) The department may issue one additional one-year
permit.
(b) The department may issue a third driver's permit if it
finds after an investigation that the permittee is diligently
seeking to improve driving proficiency.
(c) A person applying to renew an instruction permit
must submit the application to the department in person.
[2004 c 249 § 3. Prior: 2002 c 352 § 10; 2002 c 195 § 2; 1999
c 274 § 13; 1999 c 6 § 11; 1990 c 250 § 34; 1986 c 17 § 1;
1985 c 234 § 1; 1981 c 260 § 10; prior: 1979 c 63 § 1; 1979
c 61 § 3; 1969 ex.s. c 218 § 8; 1965 ex.s. c 121 § 7.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1990 c 250: See note following RCW 46.16.301.
46.20.065
46.20.065 Temporary permit. (1) If the department is
completing an investigation and determination of facts concerning an applicant's right to receive a driver's license, it
may issue a temporary driver's permit to the applicant.
(2) A temporary driver's permit authorizes the permittee
to drive a motor vehicle for up to sixty days. The permittee
must have immediate possession of the permit while driving
a motor vehicle.
(3) A temporary driver's permit is invalid if the department has issued a license to the permittee or refused to issue
a license to the permittee for good cause. [1999 c 6 § 12.]
Intent—1999 c 6: See note following RCW 46.04.168.
46.20.070
46.20.070 Juvenile agricultural driving permit. (1)
Agricultural driving permit authorized. The director may
issue a juvenile agricultural driving permit to a person under
the age of eighteen years if:
(a) The application is signed by the applicant and the
applicant's father, mother, or legal guardian;
(b) The applicant has passed the driving examination
required by RCW 46.20.120;
(c) The department has investigated the applicant's need
for the permit and determined that the need justifies issuance;
(d) The department has determined the applicant is capable of operating a motor vehicle without endangering himself
or herself or other persons and property; and
(e) The applicant has paid a fee of fifteen dollars.
The permit must contain a photograph of the person.
(2) Effect of agricultural driving permit. (a) The permit authorizes the holder to:
(i) Drive a motor vehicle on the public highways of this
state in connection with farm work. The holder may drive
[Title 46 RCW—page 83]
46.20.075
Title 46 RCW: Motor Vehicles
only within a restricted farming locality described on the permit; and
(ii) Participate in the classroom portion of a traffic safety
education course authorized under RCW 28A.220.030 or the
classroom portion of a traffic safety education course offered
by a driver training school licensed and inspected by the
department of licensing under chapter 46.82 RCW offered in
the community where the holder resides.
(b) The director may transfer the permit from one farming locality to another. A transfer is not a renewal of the permit.
(3) Term and renewal of agricultural driving permit.
An agricultural driving permit expires one year from the date
of issue.
(a) A person under the age of eighteen who holds a permit may renew the permit by paying a fee of fifteen dollars.
(b) A person applying to renew an agricultural driving
permit must submit the application to the department in person.
(c) An agricultural driving permit is invalidated when a
permittee attains age eighteen. In order to drive a motor vehicle on a highway he or she must obtain a motor vehicle
driver's license under this chapter.
(4) Suspension, revocation, or cancellation. The director has sole discretion to suspend, revoke, or cancel a juvenile
agricultural driving permit if:
(a) The permittee has been found to have committed an
offense that requires mandatory suspension or revocation of a
driver's license; or
(b) The director is satisfied that the permittee has violated the permit's restrictions. [2004 c 249 § 4. Prior: 2002
c 352 § 11; 2002 c 195 § 3; 1999 c 6 § 13; 1997 c 82 § 1; 1985
ex.s. c 1 § 1; 1979 c 61 § 4; 1969 ex.s. c 218 § 9; 1969 ex.s. c
170 § 12; 1967 c 32 § 27; 1963 c 39 § 9; 1961 c 12 §
46.20.070; prior: 1947 c 158 § 1, part; 1937 c 188 § 45, part;
Rem. Supp. 1947 § 6312-45, part.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1985 ex.s. c 1: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 ex.s. c 1 § 14.]
46.20.075
46.20.075 Intermediate license. (1) An intermediate
license authorizes the holder to drive a motor vehicle under
the conditions specified in this section. An applicant for an
intermediate license must be at least sixteen years of age and:
(a) Have possessed a valid instruction permit for a period
of not less than six months;
(b) Have passed a driver licensing examination administered by the department;
(c) Have passed a course of driver's education in accordance with the standards established in RCW 46.20.100;
(d) Present certification by his or her parent, guardian, or
employer to the department stating (i) that the applicant has
had at least fifty hours of driving experience, ten of which
were at night, during which the driver was supervised by a
person at least twenty-one years of age who has had a valid
driver's license for at least three years, and (ii) that the applicant has not been issued a notice of traffic infraction or cited
[Title 46 RCW—page 84]
for a traffic violation that is pending at the time of the application for the intermediate license;
(e) Not have been convicted of or found to have committed a traffic violation within the last six months before the
application for the intermediate license; and
(f) Not have been adjudicated for an offense involving
the use of alcohol or drugs during the period the applicant
held an instruction permit.
(2) For the first six months after the issuance of an intermediate license or until the holder reaches eighteen years of
age, whichever occurs first, the holder of the license may not
operate a motor vehicle that is carrying any passengers under
the age of twenty who are not members of the holder's immediate family as defined in RCW 42.17.020. For the remaining
period of the intermediate license, the holder may not operate
a motor vehicle that is carrying more than three passengers
who are under the age of twenty who are not members of the
holder's immediate family.
(3) The holder of an intermediate license may not operate a motor vehicle between the hours of 1 a.m. and 5 a.m.
except when the holder is accompanied by a parent, guardian,
or a licensed driver who is at least twenty-five years of age.
(4) It is a traffic infraction for the holder of an intermediate license to operate a motor vehicle in violation of the
restrictions imposed under this section.
(5) Enforcement of this section by law enforcement
officers may be accomplished only as a secondary action
when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance
or some other offense.
(6) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if
necessary for agricultural purposes.
(7) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if,
for the twelve-month period following the issuance of the
intermediate license, he or she:
(a) Has not been involved in an automobile accident; and
(b) Has not been convicted or found to have committed a
traffic offense described in chapter 46.61 RCW or violated
restrictions placed on an intermediate licensee under this section. [2000 c 115 § 2.]
Reviser's note—Sunset Act application: The intermediate driver's
license program is subject to review, termination, and possible extension
under chapter 43.131 RCW, the Sunset Act. See RCW 43.131.397. RCW
46.20.075, 46.20.267, and 28A.220.070; 2000 c 115 § 1 (uncodified); and
the 2000 c 115 amendments to RCW 46.20.105, 46.20.161, 46.20.311, and
46.20.342 are scheduled for future repeal under RCW 43.131.398.
Finding—2000 c 115: "The legislature has recognized the need to
develop a graduated licensing system in light of the disproportionately high
incidence of motor vehicle crashes involving youthful motorists. This system will improve highway safety by progressively developing and improving the skills of younger drivers in the safest possible environment, thereby
reducing the number of vehicle crashes." [2000 c 115 § 1.]
Effective date—2000 c 115 §§ 1-10: "Sections 1 through 10 of this act
take effect July 1, 2001." [2000 c 115 § 14.]
OBTAINING OR RENEWING A DRIVER'S LICENSE
46.20.091 Application—Penalty for false statement—Driving records from and to other jurisdictions.
(1) Application. In order to apply for a driver's license or
instruction permit the applicant must provide his or her:
46.20.091
(2004 Ed.)
Drivers' Licenses—Identicards
(a) Name of record, as established by documentation
required under RCW 46.20.035;
(b) Date of birth, as established by satisfactory evidence
of age;
(c) Sex;
(d) Washington residence address;
(e) Description;
(f) Driving licensing history, including:
(i) Whether the applicant has ever been licensed as a
driver or chauffeur and, if so, (A) when and by what state or
country; (B) whether the license has ever been suspended or
revoked; and (C) the date of and reason for the suspension or
revocation; or
(ii) Whether the applicant's application to another state
or country for a driver's license has ever been refused and, if
so, the date of and reason for the refusal; and
(g) Any additional information required by the department.
(2) Sworn statement. An application for an instruction
permit or for an original driver's license must be made upon a
form provided by the department. The form must include a
section for the applicant to indicate whether he or she has
received driver training and, if so, where. The identifying
documentation verifying the name of record must be accompanied by the applicant's written statement that it is valid. The
information provided on the form must be sworn to and
signed by the applicant before a person authorized to administer oaths. An applicant who makes a false statement on an
application for a driver's license or instruction permit is guilty
of false swearing, a gross misdemeanor, under RCW
9A.72.040.
(3) Driving records from other jurisdictions. If a person previously licensed in another jurisdiction applies for a
Washington driver's license, the department shall request a
copy of the applicant's driver's record from the other jurisdiction. The driving record from the other jurisdiction becomes
a part of the driver's record in this state.
(4) Driving records to other jurisdictions. If another
jurisdiction requests a copy of a person's Washington driver's
record, the department shall provide a copy of the record. The
department shall forward the record without charge if the
other jurisdiction extends the same privilege to the state of
Washington. Otherwise the department shall charge a reasonable fee for transmittal of the record. [2000 c 115 § 4; 1999 c
6 § 14; 1998 c 41 § 11; 1996 c 287 § 5; 1990 c 250 § 35; 1985
ex.s. c 1 § 2; 1979 c 63 § 2; 1965 ex.s. c 121 § 8.]
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Intent—1999 c 6: See note following RCW 46.04.168.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
46.20.095
(a) To display or cause or permit to be displayed or have
in his or her possession any fictitious or fraudulently altered
driver's license or identicard;
(b) To lend his or her driver's license or identicard to any
other person or knowingly permit the use thereof by another;
(c) To display or represent as one's own any driver's
license or identicard not issued to him or her;
(d) Willfully to fail or refuse to surrender to the department upon its lawful demand any driver's license or identicard which has been suspended, revoked or canceled;
(e) To use a false or fictitious name in any application for
a driver's license or identicard or to knowingly make a false
statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application;
(f) To permit any unlawful use of a driver's license or
identicard issued to him or her.
(2) It is a class C felony for any person to sell or deliver
a stolen driver's license or identicard.
(3) It is unlawful for any person to manufacture, sell, or
deliver a forged, fictitious, counterfeit, fraudulently altered,
or unlawfully issued driver's license or identicard, or to manufacture, sell, or deliver a blank driver's license or identicard
except under the direction of the department. A violation of
this subsection is:
(a) A class C felony if committed (i) for financial gain or
(ii) with intent to commit forgery, theft, or identity theft; or
(b) A gross misdemeanor if the conduct does not violate
(a) of this subsection.
(4) Notwithstanding subsection (3) of this section, it is a
misdemeanor for any person under the age of twenty-one to
manufacture or deliver fewer than four forged, fictitious,
counterfeit, or fraudulently altered driver's licenses or identicards for the sole purpose of misrepresenting a person's age.
(5) In a proceeding under subsection (2), (3), or (4) of
this section that is related to an identity theft under RCW
9.35.020, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in
which any part of the offense took place, regardless of
whether the defendant was ever actually in that locality.
[2003 c 214 § 1; 1990 c 210 § 3; 1981 c 92 § 1; 1965 ex.s. c
121 § 41. Formerly RCW 46.20.336.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.20.093
46.20.093 Bicycle safety. The department of licensing
shall incorporate a section on bicycle safety and sharing the
road into its instructional publications for drivers and shall
include questions in the written portion of the driver's license
examination on bicycle safety and sharing the road with bicycles. [1998 c 165 § 4.]
Short title—1998 c 165: See note following RCW 43.59.010.
46.20.095
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Social Security number: RCW 26.23.150.
46.20.0921
46.20.0921 Violations—Penalty. (1) It is a misdemeanor for any person:
(2004 Ed.)
46.20.095 Instructional publication information. The
department's instructional publications for drivers must
include information on:
(1) The proper use of the left-hand lane by motor vehicles on multilane highways; and
(2) Bicyclists' and pedestrians' rights and responsibilities. [1999 c 6 § 15; 1998 c 165 § 5; 1986 c 93 § 3.]
[Title 46 RCW—page 85]
46.20.100
Title 46 RCW: Motor Vehicles
Intent—1999 c 6: See note following RCW 46.04.168.
Intent—1999 c 6: See note following RCW 46.04.168.
Short title—1998 c 165: See note following RCW 43.59.010.
Severability—1990 c 250: See note following RCW 46.16.301.
Keep right except when passing, etc.: RCW 46.61.100.
46.20.100 Persons under eighteen. (1) Application.
The application of a person under the age of eighteen years
for a driver's license or a motorcycle endorsement must be
signed by a parent or guardian with custody of the minor. If
the person under the age of eighteen has no father, mother, or
guardian, then the application must be signed by the minor's
employer.
(2) Traffic safety education requirement. For a person
under the age of eighteen years to obtain a driver's license he
or she must meet the traffic safety education requirements of
this subsection.
(a) To meet the traffic safety education requirement for a
driver's license the applicant must satisfactorily complete a
traffic safety education course as defined in RCW
28A.220.020 for a course offered by a school district, or as
defined by the department of licensing for a course offered by
a driver training school licensed under chapter 46.82 RCW.
The course offered by a school district or an approved private
school must meet the standards established by the office of
the state superintendent of public instruction. The course
offered by a driver training school must meet the standards
established by the department of licensing with the advice of
the driver instructors' advisory committee, pursuant to RCW
46.82.300. The traffic safety education course may be provided by:
(i) A recognized secondary school; or
(ii) A driver training school licensed under chapter 46.82
RCW that is annually approved by the department of licensing.
(b) To meet the traffic safety education requirement for a
motorcycle endorsement, the applicant must successfully
complete a motorcycle safety education course that meets the
standards established by the department of licensing.
(c) The department may waive the traffic safety education requirement for a driver's license if the applicant demonstrates to the department's satisfaction that:
(i) He or she was unable to take or complete a traffic
safety education course;
(ii) A need exists for the applicant to operate a motor
vehicle; and
(iii) He or she has the ability to operate a motor vehicle
in such a manner as not to jeopardize the safety of persons or
property.
The department may adopt rules to implement this subsection
(2)(c) in concert with the supervisor of the traffic safety education section of the office of the superintendent of public
instruction.
(d) The department may waive the traffic safety education requirement if the applicant was licensed to drive a
motor vehicle or motorcycle outside this state and provides
proof that he or she has had education equivalent to that
required under this subsection. [2002 c 195 § 1; 1999 c 274
§ 14; 1999 c 6 § 16; 1990 c 250 § 36; 1985 c 234 § 2; 1979 c
158 § 146; 1973 1st ex.s. c 154 § 87; 1972 ex.s. c 71 § 1; 1969
ex.s. c 218 § 10; 1967 c 167 § 1; 1965 ex.s. c 170 § 43; 1961
c 12 § 46.20.100. Prior: 1937 c 188 § 51; RRS § 6312-51;
1921 c 108 § 6, part; RRS § 6368, part.]
46.20.100
[Title 46 RCW—page 86]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
46.20.105
46.20.105 Identifying types of licenses and permits.
(1) The department may provide a method to distinguish the
driver's license of a person who is under the age of twentyone from the driver's license of a person who is twenty-one
years of age or older.
(2) An instruction permit must be identified as an
"instruction permit" and issued in a distinctive form as determined by the department.
(3) An intermediate license must be identified as an
"intermediate license" and issued in a distinctive form as
determined by the department. [2000 c 115 § 5; 1987 c 463 §
3.]
Sunset Act application: See note following RCW 46.20.075.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
46.20.109
46.20.109 Wheelchair conveyances. Each operator of
a wheelchair conveyance shall undergo a special examination
conducted for the purpose of determining whether that person
can properly and safely operate the conveyance on public
roadways within a specified area. An operator's license
issued after the special examination may specify the route,
area, time, or other restrictions that are necessary to ensure
the safety of the operator as well as the general motoring public. The department shall adopt rules for periodic review of
the performance of operators of wheelchair conveyances.
Operation of a wheelchair conveyance in violation of these
rules is a traffic infraction. [1983 c 200 § 3. Formerly RCW
46.20.550]
Severability—1983 c 200: See note following RCW 46.04.710.
Wheelchair conveyances
definition: RCW 46.04.710.
licensing: RCW 46.16.640.
public roadways, operating on: RCW 46.61.730.
safety standards: RCW 46.37.610.
46.20.113
46.20.113 Anatomical gift statement. The department
of licensing shall provide a statement whereby the licensee
may certify his or her willingness to make an anatomical gift
under RCW 68.50.540, as now or hereafter amended. The
department shall provide the statement in at least one of the
following ways:
(1) On each driver's license; or
(2) With each driver's license; or
(3) With each in-person driver's license application.
[1993 c 228 § 18; 1987 c 331 § 81; 1979 c 158 § 147; 1975 c
54 § 1.]
Application, construction—Severability—1993 c 228: See RCW
68.50.902 and 68.50.903.
Effective date—1987 c 331: See RCW 68.05.900.
46.20.1131
46.20.1131 Information for organ donor registry.
The department shall electronically transfer the information
of all persons who upon application for a driver's license or
identicard volunteer to donate organs or tissue to a registry
created in RCW 68.50.635, and any subsequent changes to
(2004 Ed.)
Drivers' Licenses—Identicards
the applicant's donor status when the applicant renews a
driver's license or identicard or applies for a new driver's
license or identicard. [2003 c 94 § 5.]
Findings—2003 c 94: See note following RCW 68.50.530.
46.20.114
46.20.114 Preventing alteration or reproduction.
The department shall prepare and issue drivers' licenses and
identicards using processes that prohibit as nearly as possible
the alteration or reproduction of such cards, or the superimposing of other photographs on such cards, without ready
detection. [1999 c 6 § 17; 1977 ex.s. c 27 § 2.]
Intent—1999 c 6: See note following RCW 46.04.168.
Purpose—1977 ex.s. c 27: "The legislature finds that the falsification
of cards and licenses is a serious social problem creating economic hardship
and problems which impede the efficient conduct of commerce and government. The legislature is particularly concerned that the increasing use of
false drivers' licenses and identicards to purchase liquor, to cash bad checks,
and to obtain food stamps and other benefits is causing the loss of liquor
licenses, the loss of jobs, the loss of income, and the loss of human life in
addition to significant monetary losses in business and government. It is the
purpose of RCW 46.20.114 to require an effective means of rendering drivers' licenses and identicards as immune as possible from alteration and counterfeiting in order to promote the public health and safety of the people of
this state." [1977 ex.s. c 27 § 1.]
46.20.117
46.20.117 Identicards. (1) Issuance. The department
shall issue an identicard, containing a picture, if the applicant:
(a) Does not hold a valid Washington driver's license;
(b) Proves his or her identity as required by RCW
46.20.035; and
(c) Pays the required fee. The fee is fifteen dollars unless
an applicant is a recipient of continuing public assistance
grants under Title 74 RCW, who is referred in writing by the
secretary of social and health services. For those persons the
fee must be the actual cost of production of the identicard.
(2) Design and term. The identicard must:
(a) Be distinctly designed so that it will not be confused
with the official driver's license; and
(b) Expire on the fifth anniversary of the applicant's
birthdate after issuance.
(3) Renewal. An application for identicard renewal may
be submitted by means of:
(a) Personal appearance before the department; or
(b) Mail or electronic commerce, if permitted by rule of
the department and if the applicant did not renew his or her
identicard by mail or by electronic commerce when it last
expired. However, the department may accept an application
for renewal of an identicard submitted by means of mail or
electronic commerce only if specific authority and funding is
provided for this purpose by June 30, 2004, in the omnibus
transportation appropriations act.
An identicard may not be renewed by mail or by electronic commerce unless the renewal issued by the department
includes a photograph of the identicard holder.
(4) Cancellation. The department may cancel an identicard if the holder of the identicard used the card or allowed
others to use the card in violation of RCW 46.20.0921. [2004
c 249 § 5; 2002 c 352 § 12; 1999 c 274 § 15; 1999 c 6 § 18;
1993 c 452 § 3; 1986 c 15 § 1; 1985 ex.s. c 1 § 3; 1985 c 212
§ 1; 1981 c 92 § 2; 1971 ex.s. c 65 § 1; 1969 ex.s. c 155 § 4.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
(2004 Ed.)
46.20.120
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Purpose—1971 ex.s. c 65: "The efficient and effective operation and
administration of state government affects the health, safety, and welfare of
the people of this state and it is the intent and purpose of this act to promote
the health, safety, and welfare of the people by improving the operation and
administration of state government." [1971 ex.s. c 65 § 2.]
Effective date—Purpose—1969 ex.s. c 155: See notes following
RCW 46.20.118.
46.20.118
46.20.118 Negative file. The department shall maintain
a negative file. It shall contain negatives of all pictures taken
by the department of licensing as authorized by RCW
46.20.070 through 46.20.119. Negatives in the file shall not
be available for public inspection and copying under chapter
42.17 RCW. The department may make the file available to
official governmental enforcement agencies to assist in the
investigation by the agencies of suspected criminal activity.
The department may also provide a print to the driver's next
of kin in the event the driver is deceased. [1990 c 250 § 37;
1981 c 22 § 1; 1979 c 158 § 149; 1969 ex.s. c 155 § 5.]
Severability—1990 c 250: See note following RCW 46.16.301.
Purpose—1969 ex.s. c 155: "The identification of the injured or the
seriously ill is often difficult. The need for an identification file to facilitate
use by proper law enforcement officers has hampered law enforcement. Personal identification for criminal, personal and commercial reasons is becoming most important at a time when it is increasingly difficult to accomplish.
The legislature finds that the public health and welfare requires a standard
and readily recognizable means of identification of each person living within
the state. The legislature further finds that the need for an identification file
by law enforcement agencies must be met. The use of photographic drivers'
licenses will greatly aid the problem, but some means of identification must
be provided for persons who do not possess a driver's license. The purpose of
this 1969 amendatory act is to provide for the positive identification of persons, both through an expanded use of drivers' licenses and also through
issue of personal identification cards for nondrivers." [1969 ex.s. c 155 § 1.]
Effective date—1969 ex.s. c 155: "This 1969 amendatory act shall take
effect September 1, 1969." [1969 ex.s. c 155 § 7.]
46.20.119
46.20.119 Reasonable rules. The rules and regulations
adopted pursuant to RCW 46.20.070 through 46.20.119 shall
be reasonable in view of the purposes to be served by RCW
46.20.070 through 46.20.119. [1990 c 250 § 38; 1969 ex.s. c
155 § 6.]
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—Purpose—1969 ex.s. c 155: See notes following
RCW 46.20.118.
46.20.120
46.20.120 Examinations—Waiver—Renewals—
Fees. An applicant for a new or renewed driver's license
must successfully pass a driver licensing examination to
qualify for a driver's license. The department shall give
examinations at places and times reasonably available to the
people of this state.
(1) Waiver. The department may waive:
(a) All or any part of the examination of any person
applying for the renewal of a driver's license unless the
department determines that the applicant is not qualified to
hold a driver's license under this title; or
(b) The actual demonstration of the ability to operate a
motor vehicle if the applicant:
(i) Surrenders a valid driver's license issued by the person's previous home state; and
(ii) Is otherwise qualified to be licensed.
[Title 46 RCW—page 87]
46.20.130
Title 46 RCW: Motor Vehicles
(2) Fee. Each applicant for a new license must pay an
examination fee of ten dollars.
(a) The examination fee is in addition to the fee charged
for issuance of the license.
(b) "New license" means a license issued to a driver:
(i) Who has not been previously licensed in this state; or
(ii) Whose last previous Washington license has been
expired for more than five years.
(3) An application for driver's license renewal may be
submitted by means of:
(a) Personal appearance before the department; or
(b) Mail or electronic commerce, if permitted by rule of
the department and if the applicant did not renew his or her
license by mail or by electronic commerce when it last
expired. However, the department may accept an application
for renewal of a driver's license submitted by means of mail
or electronic commerce only if specific authority and funding
is provided for this purpose by June 30, 2004, in the omnibus
transportation appropriations act.
(4) A person whose license expired or will expire while
he or she is living outside the state, may:
(a) Apply to the department to extend the validity of his
or her license for no more than twelve months. If the person
establishes to the department's satisfaction that he or she is
unable to return to Washington before the date his or her
license expires, the department shall extend the person's
license. The department may grant consecutive extensions,
but in no event may the cumulative total of extensions exceed
twelve months. An extension granted under this section does
not change the expiration date of the license for purposes of
RCW 46.20.181. The department shall charge a fee of five
dollars for each license extension;
(b) Apply to the department to renew his or her license
by mail or, if permitted by rule of the department, by electronic commerce even if subsection (3)(b) of this section
would not otherwise allow renewal by that means. If the person establishes to the department's satisfaction that he or she
is unable to return to Washington within twelve months of the
date that his or her license expires, the department shall
renew the person's license by mail or, if permitted by rule of
the department, by electronic commerce.
(5) If a qualified person submits an application for
renewal under subsection (3)(b) or (4)(b) of this section, he or
she is not required to pass an examination nor provide an
updated photograph. A license renewed by mail or by electronic commerce that does not include a photograph of the
licensee must be labeled "not valid for identification purposes." [2004 c 249 § 6; 2002 c 352 § 13. Prior: 1999 c 308
§ 1; 1999 c 199 § 3; 1999 c 6 § 19; 1990 c 9 § 1; 1988 c 88 §
2; 1985 ex.s. c 1 § 4; 1979 c 61 § 6; 1975 1st ex.s. c 191 § 2;
1967 c 167 § 4; 1965 ex.s. c 121 § 9; 1961 c 12 § 46.20.120;
prior: 1959 c 284 § 1; 1953 c 221 § 2; 1937 c 188 § 55, part;
RRS § 6312-55, part.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1999 c 308: "Sections 1 through 5 of this act take
effect July 1, 2000." [1999 c 308 § 6.]
Effective date—1999 c 199: See note following RCW 46.20.027.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
[Title 46 RCW—page 88]
46.20.130
46.20.130 Content and conduct of examinations. (1)
The director shall prescribe the content of the driver licensing
examination and the manner of conducting the examination,
which shall include but is not limited to:
(a) A test of the applicant's eyesight and ability to see,
understand, and follow highway signs regulating, warning,
and directing traffic;
(b) A test of the applicant's knowledge of traffic laws and
ability to understand and follow the directives of lawful
authority, orally or graphically, that regulate, warn, and direct
traffic in accordance with the traffic laws of this state;
(c) An actual demonstration of the applicant's ability to
operate a motor vehicle without jeopardizing the safety of
persons or property; and
(d) Such further examination as the director deems necessary:
(i) To determine whether any facts exist that would bar
the issuance of a vehicle operator's license under chapters
46.20, 46.21, and 46.29 RCW; and
(ii) To determine the applicant's fitness to operate a
motor vehicle safely on the highways.
(2) If the applicant desires to drive a motorcycle or a
motor-driven cycle he or she must qualify for a motorcycle
endorsement under RCW 46.20.500 through 46.20.515.
[1999 c 6 § 20; 1990 c 250 § 39; 1981 c 245 § 4; 1967 c 232
§ 2; 1965 ex.s. c 121 § 10; 1961 c 12 § 46.20.130. Prior: 1959
c 284 § 2; 1943 c 151 § 1; 1937 c 188 § 57; Rem. Supp. 1943
§ 6312-57.]
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1981 c 245: See note following RCW 46.20.161.
46.20.153
46.20.153 Voter registration—Posting signs. The
department shall post signs at each driver licensing facility
advertising the availability of voter registration services and
advising of the qualifications to register to vote. [2001 c 41 §
15.]
46.20.155
46.20.155 Voter registration—Services. (1) Before
issuing an original license or identicard or renewing a license
or identicard under this chapter, the licensing agent shall
determine if the applicant wants to register to vote or transfer
his or her voter registration by asking the following question:
"Do you want to register to vote or transfer your voter
registration?"
If the applicant chooses to register or transfer a registration, the agent shall state the following:
"I would like to remind you that you must be a United
States citizen and at least eighteen years of age in order to
vote."
The agent shall then provide the applicant with a voter
registration form and instructions and shall record that the
applicant has requested to register to vote or transfer a voter
registration.
(2) The department shall establish a procedure that substantially meets the requirements of subsection (1) of this
section when permitting an applicant to renew a license or
(2004 Ed.)
Drivers' Licenses—Identicards
identicard by mail or by electronic commerce. [2004 c 249 §
7; 2001 c 41 § 14; 1990 c 143 § 6.]
46.20.200
Effective date—1969 c 99: See note following RCW 79A.05.070.
46.20.181
Effective date—1990 c 143: See note following RCW 29A.08.340.
Voter registration with driver licensing: RCW 29A.08.340 and 29A.08.350.
46.20.157 Data to department of information services—Confidentiality. (1) Except as provided in subsection (2) of this section, the department shall annually provide
to the department of information services an electronic data
file. The data file must:
(a) Contain information on all licensed drivers and identicard holders who are eighteen years of age or older and
whose records have not expired for more than two years;
(b) Be provided at no charge; and
(c) Contain the following information on each such person: Full name, date of birth, residence address including
county, sex, and most recent date of application, renewal,
replacement, or change of driver's license or identicard.
(2) Before complying with subsection (1) of this section,
the department shall remove from the file the names of any
certified participants in the Washington state address confidentiality program under chapter 40.24 RCW that have been
identified to the department by the secretary of state. [1999 c
6 § 21; 1993 c 408 § 12.]
46.20.157
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—Effective dates—1993 c 408: See notes following
RCW 2.36.054.
46.20.161
46.20.161 Issuance of license—Contents—Fee. The
department, upon receipt of a fee of twenty-five dollars,
unless the driver's license is issued for a period other than five
years, in which case the fee shall be five dollars for each year
that the license is issued, which includes the fee for the
required photograph, shall issue to every qualifying applicant
a driver's license. A driver's license issued to a person under
the age of eighteen is an intermediate license, subject to the
restrictions imposed under RCW 46.20.075, until the person
reaches the age of eighteen. The license must include a distinguishing number assigned to the licensee, the name of record,
date of birth, Washington residence address, photograph, a
brief description of the licensee, and either a facsimile of the
signature of the licensee or a space upon which the licensee
shall write his or her usual signature with pen and ink immediately upon receipt of the license. No license is valid until it
has been so signed by the licensee. [2000 c 115 § 6; 1999 c
308 § 2; 1999 c 6 § 22; 1998 c 41 § 12; 1990 c 250 § 40; 1981
c 245 § 1; 1975 1st ex.s. c 191 § 3; 1969 c 99 § 6; 1965 ex.s.
c 121 § 11.]
Sunset Act application: See note following RCW 46.20.075.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Effective date—1999 c 308: See note following RCW 46.20.120.
Intent—1999 c 6: See note following RCW 46.04.168.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1981 c 245: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981." [1981 c 245 § 5.]
(2004 Ed.)
46.20.181 Expiration date—Renewal—Fees—Penalty. (1) Except as provided in subsection (4) of this section,
every driver's license expires on the fifth anniversary of the
licensee's birthdate following the issuance of the license.
(2) A person may renew his or her license on or before
the expiration date by submitting an application as prescribed
by the department and paying a fee of twenty-five dollars.
This fee includes the fee for the required photograph.
(3) A person renewing his or her driver's license more
than sixty days after the license has expired shall pay a penalty fee of ten dollars in addition to the renewal fee, unless his
or her license expired when:
(a) The person was outside the state and he or she renews
the license within sixty days after returning to this state; or
(b) The person was incapacitated and he or she renews
the license within sixty days after the termination of the incapacity.
(4) During the period from July 1, 2000, to July 1, 2006,
the department may issue or renew a driver's license for a
period other than five years, or may extend by mail a license
that has already been issued, in order to evenly distribute, as
nearly as possible, the yearly renewal rate of licensed drivers.
The fee for a driver's license issued or renewed for a period
other than five years, or that has been extended by mail, is
five dollars for each year that the license is issued, renewed,
or extended. The department may adopt any rules as are necessary to carry out this subsection. [1999 c 308 § 3; 1999 c 6
§ 23; 1990 c 250 § 41; 1981 c 245 § 2; 1975 1st ex.s. c 191 §
4; 1969 c 99 § 7; 1965 ex.s. c 170 § 46; 1965 ex.s. c 121 § 17.]
Effective date—1999 c 308: See note following RCW 46.20.120.
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1981 c 245: See note following RCW 46.20.161.
Effective date—1969 c 99: See note following RCW 79A.05.070.
46.20.185
46.20.185 Photograph during renewal. The department of licensing shall establish a procedure for renewal of
drivers' licenses under this chapter which does not deprive
the applicant during the renewal process of an identification
bearing the applicant's photograph.
This identification shall be designed to and shall be
accepted as proper identification under RCW 66.16.040.
[1979 ex.s. c 87 § 1.]
46.20.187
46.20.187 Registration of sex offenders. The department, at the time a person renews his or her driver's license or
identicard, or surrenders a driver's license from another jurisdiction pursuant to RCW 46.20.021 and makes an application
for a driver's license or an identicard, shall provide the applicant with written information on the registration requirements of RCW 9A.44.130. [1990 c 3 § 407.]
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
46.20.200
46.20.200 Lost, destroyed, corrected licenses or permits. (1) If an instruction permit, identicard, or a driver's
license is lost or destroyed, the person to whom it was issued
may obtain a duplicate of it upon furnishing proof of such
[Title 46 RCW—page 89]
46.20.205
Title 46 RCW: Motor Vehicles
fact satisfactory to the department and payment of a fee of fifteen dollars to the department.
(2) A replacement permit, identicard, or driver's license
may be obtained to change or correct material information
upon payment of a fee of ten dollars and surrender of the permit, identicard, or driver's license being replaced. [2002 c
352 § 14; 1985 ex.s. c 1 § 5; 1975 1st ex.s. c 191 § 5; 1965
ex.s. c 121 § 16; 1961 c 12 § 46.20.200. Prior: 1947 c 164 §
18; 1937 c 188 § 60; Rem. Supp. 1947 § 6312-60; 1921 c 108
§ 11; RRS § 6373.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
46.20.205
46.20.205 Change of address or name. (1) Whenever
any person after applying for or receiving a driver's license or
identicard moves from the address named in the application
or in the license or identicard issued to him or her, the person
shall within ten days thereafter notify the department of the
address change. The notification must be in writing on a form
provided by the department and must include the number of
the person's driver's license. The written notification, or other
means as designated by rule of the department, is the exclusive means by which the address of record maintained by the
department concerning the licensee or identicard holder may
be changed.
(a) The form must contain a place for the person to indicate that the address change is not for voting purposes. The
department of licensing shall notify the secretary of state by
the means described in *RCW 29.07.270(3) of all change of
address information received by means of this form except
information on persons indicating that the change is not for
voting purposes.
(b) Any notice regarding the cancellation, suspension,
revocation, disqualification, probation, or nonrenewal of the
driver's license, commercial driver's license, driving privilege, or identicard mailed to the address of record of the licensee or identicard holder is effective notwithstanding the
licensee's or identicard holder's failure to receive the notice.
(2) When a licensee or holder of an identicard changes
his or her name of record, the person shall notify the department of the name change. The person must make the notification within ten days of the date that the name change is effective. The notification must be in writing on a form provided
by the department and must include the number of the person's driver's license. The department of licensing shall not
change the name of record of a person under this section
unless the person has again satisfied the department regarding his or her identity in the manner provided by RCW
46.20.035. [1999 c 6 § 24; 1998 c 41 § 13; 1996 c 30 § 4;
1994 c 57 § 52; 1989 c 337 § 6; 1969 ex.s. c 170 § 13; 1965
ex.s. c 121 § 18.]
*Reviser's note: RCW 29.07.270 was recodified as RCW 29A.08.350
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29.07.270 was
also amended by 2003 c 111 § 226, deleting subsection (3).
Intent—1999 c 6: See note following RCW 46.04.168.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Effective date—1996 c 30: See note following RCW 46.25.010.
Severability—Effective date—1994 c 57: See notes following RCW
10.64.021.
[Title 46 RCW—page 90]
RESTRICTING THE DRIVING PRIVILEGE
46.20.207
46.20.207 Cancellation. (1) The department is authorized to cancel any driver's license upon determining that the
licensee was not entitled to the issuance of the license, or that
the licensee failed to give the required or correct information
in his or her application, or that the licensee is incompetent to
drive a motor vehicle for any of the reasons under RCW
46.20.031 (4) and (7).
(2) Upon such cancellation, the licensee must surrender
the license so canceled to the department. [1993 c 501 § 3;
1991 c 293 § 4; 1965 ex.s. c 121 § 20.]
46.20.215
46.20.215 Nonresidents—Suspension or revocation—Reporting offenders. (1) The privilege of driving a
motor vehicle on the highways of this state given to a nonresident hereunder shall be subject to suspension or revocation
by the department in like manner and for like cause as a
driver's license issued hereunder may be suspended or
revoked.
(2) The department shall, upon receiving a record of the
conviction in this state of a nonresident driver of a motor
vehicle of any offense under the motor vehicle laws of this
state, forward a report of such conviction to the motor vehicle
administrator in the state wherein the person so convicted is a
resident. Such report shall clearly identify the person convicted; describe the violation specifying the section of the
statute, code or ordinance violated; identify the court in
which action was taken; and indicate whether a plea of guilty
or not guilty was entered, or the conviction was a result of the
forfeiture of bail, bond or other security.
(3) The department shall, upon receiving a record of the
commission of a traffic infraction in this state by a nonresident driver of a motor vehicle, forward a report of the traffic
infraction to the motor vehicle administrator in the state
where the person who committed the infraction resides. The
report shall clearly identify the person found to have committed the infraction; describe the infraction, specifying the section of the statute, code or ordinance violated; identify the
court in which action was taken; and indicate whether the
determination that an infraction was committed was contested or whether the individual failed to respond to the notice
of infraction. [1979 ex.s. c 136 § 57; 1965 ex.s. c 121 § 21.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.20.220
46.20.220 Vehicle rentals—Records. (1) It shall be
unlawful for any person to rent a motor vehicle of any kind
including a motorcycle to any other person unless the latter
person is then duly licensed as a vehicle driver for the kind of
motor vehicle being rented in this state or, in case of a nonresident, then that he is duly licensed as a driver under the laws
of the state or country of his residence except a nonresident
whose home state or country does not require that a motor
vehicle driver be licensed;
(2) It shall be unlawful for any person to rent a motor
vehicle to another person until he has inspected the vehicle
driver's license of such other person and compared and verified the signature thereon with the signature of such other
person written in his presence;
(2004 Ed.)
Drivers' Licenses—Identicards
(3) Every person renting a motor vehicle to another person shall keep a record of the vehicle license number of the
motor vehicle so rented, the name and address of the person
to whom the motor vehicle is rented, the number of the vehicle driver's license of the person renting the vehicle and the
date and place when and where such vehicle driver's license
was issued. Such record shall be open to inspection by any
police officer or anyone acting for the director. [1969 c 27 §
1. Prior: 1967 c 232 § 9; 1967 c 32 § 28; 1961 c 12 §
46.20.220; prior: 1937 c 188 § 63; RRS § 6312-63.]
Allowing unauthorized person to drive: RCW 46.16.011, 46.20.024.
Helmet requirements: RCW 46.37.535.
46.20.265
46.20.265 Juvenile driving privileges—Revocation
for alcohol or drug violations. (1) In addition to any other
authority to revoke driving privileges under this chapter, the
department shall revoke all driving privileges of a juvenile
when the department receives notice from a court pursuant to
RCW 9.41.040(5), 13.40.265, 66.44.365, 69.41.065,
69.50.420, 69.52.070, or a substantially similar municipal
ordinance adopted by a local legislative authority, or from a
diversion unit pursuant to RCW 13.40.265. The revocation
shall be imposed without hearing.
(2) The driving privileges of the juvenile revoked under
subsection (1) of this section shall be revoked in the following manner:
(a) Upon receipt of the first notice, the department shall
impose a revocation for one year, or until the juvenile reaches
seventeen years of age, whichever is longer.
(b) Upon receipt of a second or subsequent notice, the
department shall impose a revocation for two years or until
the juvenile reaches eighteen years of age, whichever is
longer.
(c) Each offense for which the department receives
notice shall result in a separate period of revocation. All periods of revocation imposed under this section that could otherwise overlap shall run consecutively up to the juvenile's
twenty-first birthday, and no period of revocation imposed
under this section shall begin before the expiration of all
other periods of revocation imposed under this section or
other law. Periods of revocation imposed consecutively
under this section shall not extend beyond the juvenile's
twenty-first birthday.
(3)(a) If the department receives notice from a court that
the juvenile's privilege to drive should be reinstated, the
department shall immediately reinstate any driving privileges
that have been revoked under this section if the minimum
term of revocation as specified in RCW 13.40.265(1)(c),
66.44.365(3), 69.41.065(3), 69.50.420(3), 69.52.070(3), or
similar ordinance has expired, and subject to subsection
(2)(c) of this section.
(b) The juvenile may seek reinstatement of his or her
driving privileges from the department when the juvenile
reaches the age of twenty-one. A notice from the court reinstating the juvenile's driving privilege shall not be required if
reinstatement is pursuant to this subsection.
(4)(a) If the department receives notice pursuant to RCW
13.40.265(2)(b) from a diversion unit that a juvenile has
completed a diversion agreement for which the juvenile's
driving privileges were revoked, the department shall rein(2004 Ed.)
46.20.270
state any driving privileges revoked under this section as provided in (b) of this subsection, subject to subsection (2)(c) of
this section.
(b) If the diversion agreement was for the juvenile's first
violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the
department shall not reinstate the juvenile's privilege to drive
until the later of ninety days after the date the juvenile turns
sixteen or ninety days after the juvenile entered into a diversion agreement for the offense. If the diversion agreement
was for the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall
not reinstate the juvenile's privilege to drive until the later of
the date the juvenile turns seventeen or one year after the
juvenile entered into the second or subsequent diversion
agreement. [2003 c 20 § 1; 1998 c 41 § 2; 1994 sp.s. c 7 §
439; 1991 c 260 § 1; 1989 c 271 § 117; 1988 c 148 § 7.]
Intent—Construction—1998 c 41: "It is the intent and purpose of this
act to clarify procedural issues and make technical corrections to statutes
relating to drivers' licenses. This act should not be construed as changing
existing public policy." [1998 c 41 § 1.]
Effective date—1998 c 41: "This act takes effect July 1, 1998." [1998
c 41 § 15.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
Severability—1989 c 271: See note following RCW 9.94A.510.
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
46.20.267
46.20.267 Intermediate licensees. If a person issued an
intermediate license is convicted of or found to have committed a traffic offense described in chapter 46.61 RCW or violated restrictions placed on an intermediate license under
RCW 46.20.075:
(1) On the first such conviction or finding the department
shall mail the parent or guardian of the person a letter warning the person of the provisions of this section;
(2) On the second such conviction or finding, the department shall suspend the person's intermediate driver's license
for a period of six months or until the person reaches eighteen
years of age, whichever occurs first, and mail the parent or
guardian of the person a notification of the suspension;
(3) On the third such conviction or finding, the department shall suspend the person's intermediate driver's license
until the person reaches eighteen years of age, and mail the
parent or guardian of the person a notification of the suspension.
For the purposes of this section, a single ticket for one or
more traffic offenses constitutes a single traffic offense.
[2000 c 115 § 3.]
Sunset Act application: See note following RCW 46.20.075.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
46.20.270
46.20.270 Conviction of offense requiring suspension
or revocation—Procedures, records, reporting, definition. (1) Whenever any person is convicted of any offense
for which this title makes mandatory the suspension or revocation of the driver's license of such person by the depart[Title 46 RCW—page 91]
46.20.285
Title 46 RCW: Motor Vehicles
ment, the privilege of the person to operate a vehicle is suspended until the department takes the action required by this
chapter, and the court in which such conviction is had shall
forthwith secure the immediate forfeiture of the driver's
license of such convicted person and immediately forward
such driver's license to the department, and on failure of such
convicted person to deliver such driver's license the judge
shall cause such person to be confined for the period of such
suspension or revocation or until such driver's license is
delivered to such judge: PROVIDED, That if the convicted
person testifies that he or she does not and at the time of the
offense did not have a current and valid vehicle driver's
license, the judge shall cause such person to be charged with
the operation of a motor vehicle without a current and valid
driver's license and on conviction punished as by law provided, and the department may not issue a driver's license to
such persons during the period of suspension or revocation:
PROVIDED, ALSO, That if the driver's license of such convicted person has been lost or destroyed and such convicted
person makes an affidavit to that effect, sworn to before the
judge, the convicted person may not be so confined, but the
department may not issue or reissue a driver's license for such
convicted person during the period of such suspension or
revocation: PROVIDED, That perfection of notice of appeal
shall stay the execution of sentence including the suspension
and/or revocation of the driver's license.
(2) Every court having jurisdiction over offenses committed under this chapter, or any other act of this state or
municipal ordinance adopted by a local authority regulating
the operation of motor vehicles on highways, or any federal
authority having jurisdiction over offenses substantially the
same as those set forth in Title 46 RCW which occur on federal installations within this state, shall forward to the department within ten days of a forfeiture of bail or collateral
deposited to secure the defendant's appearance in court, a
payment of a fine or penalty, a plea of guilty or a finding of
guilt, or a finding that any person has committed a traffic
infraction an abstract of the court record in the form prescribed by rule of the supreme court, showing the conviction
of any person or the finding that any person has committed a
traffic infraction in said court for a violation of any said laws
other than regulations governing standing, stopping, parking,
and pedestrian offenses.
(3) Every state agency or municipality having jurisdiction over offenses committed under this chapter, or under any
other act of this state or municipal ordinance adopted by a
state or local authority regulating the operation of motor
vehicles on highways, may forward to the department within
ten days of failure to respond, failure to pay a penalty, failure
to appear at a hearing to contest the determination that a violation of any statute, ordinance, or regulation relating to
standing, stopping, parking, or other infraction issued under
RCW 46.63.030(1)(d) has been committed, or failure to
appear at a hearing to explain mitigating circumstances, an
abstract of the citation record in the form prescribed by rule
of the department, showing the finding by such municipality
that two or more violations of laws governing standing, stopping, and parking or one or more other infractions issued
under RCW 46.63.030(1)(d) have been committed and indicating the nature of the defendant's failure to act. Such violations or infractions may not have occurred while the vehicle
[Title 46 RCW—page 92]
is stolen from the registered owner or is leased or rented
under a bona fide commercial vehicle lease or rental agreement between a lessor engaged in the business of leasing
vehicles and a lessee who is not the vehicle's registered
owner. The department may enter into agreements of reciprocity with the duly authorized representatives of the states
for reporting to each other violations of laws governing
standing, stopping, and parking.
(4) For the purposes of Title 46 RCW the term "conviction" means a final conviction in a state or municipal court or
by any federal authority having jurisdiction over offenses
substantially the same as those set forth in Title 46 RCW
which occur on federal installations in this state, an unvacated forfeiture of bail or collateral deposited to secure a
defendant's appearance in court, the payment of a fine, a plea
of guilty, or a finding of guilt on a traffic law violation
charge, regardless of whether the imposition of sentence or
sanctions are deferred or the penalty is suspended, but not
including entry into a deferred prosecution agreement under
chapter 10.05 RCW.
(5) For the purposes of Title 46 RCW the term "finding
that a traffic infraction has been committed" means a failure
to respond to a notice of infraction or a determination made
by a court pursuant to this chapter. Payment of a monetary
penalty made pursuant to RCW 46.63.070(2) is deemed
equivalent to such a finding. [2004 c 231 § 5; 1990 2nd ex.s.
c 1 § 402; 1990 c 250 § 42; 1982 1st ex.s. c 14 § 5; 1979 ex.s.
c 136 § 58; 1979 c 61 § 7; 1977 ex.s. c 3 § 1; 1967 ex.s. c 145
§ 55; 1965 ex.s. c 121 § 22; 1961 c 12 § 46.20.270. Prior:
1937 c 188 § 68; RRS § 6312-68; prior: 1923 c 122 § 2, part;
1921 c 108 § 9, part; RRS § 6371, part.]
Severability—1990 2nd ex.s. c 1: See note following RCW 82.14.300.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—Severability—1982 1st ex.s. c 14: See notes following RCW 46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1967 ex.s. c 145: See RCW 47.98.043.
46.20.285
46.20.285 Offenses requiring revocation. The department shall forthwith revoke the license of any driver for the
period of one calendar year unless otherwise provided in this
section, upon receiving a record of the driver's conviction of
any of the following offenses, when the conviction has
become final:
(1) For vehicular homicide the period of revocation shall
be two years. The revocation period shall be tolled during any
period of total confinement for the offense;
(2) Vehicular assault. The revocation period shall be
tolled during any period of total confinement for the offense;
(3) Driving a motor vehicle while under the influence of
intoxicating liquor or a narcotic drug, or under the influence
of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle, for the period prescribed in RCW 46.61.5055;
(4) Any felony in the commission of which a motor vehicle is used;
(5) Failure to stop and give information or render aid as
required under the laws of this state in the event of a motor
vehicle accident resulting in the death or personal injury of
(2004 Ed.)
Drivers' Licenses—Identicards
another or resulting in damage to a vehicle that is driven or
attended by another;
(6) Perjury or the making of a false affidavit or statement
under oath to the department under Title 46 RCW or under
any other law relating to the ownership or operation of motor
vehicles;
(7) Reckless driving upon a showing by the department's
records that the conviction is the third such conviction for the
driver within a period of two years. [2001 c 64 § 6. Prior:
1998 c 207 § 4; 1998 c 41 § 3; 1996 c 199 § 5; 1990 c 250 §
43; 1985 c 407 § 2; 1984 c 258 § 324; 1983 c 165 § 16; 1983
c 165 § 15; 1965 ex.s. c 121 § 24.]
Effective date—1998 c 207: See note following RCW 46.61.5055.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—1996 c 199: See note following RCW 9.94A.505.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Revocation of license for attempting to elude pursuing police vehicle: RCW
46.61.024.
Vehicular assault, penalty: RCW 46.61.522.
Vehicular homicide, penalty: RCW 46.61.520.
46.20.286
46.20.286 Adoption of procedures. The department of
licensing shall adopt procedures in cooperation with the
office of the administrator for the courts and the department
of corrections to implement RCW 46.20.285. [1996 c 199 §
6.]
Severability—1996 c 199: See note following RCW 9.94A.505.
46.20.289
46.20.289 Suspension for failure to respond, appear,
etc. The department shall suspend all driving privileges of a
person when the department receives notice from a court
under RCW 46.63.070(6), *46.63.110(5), or 46.64.025 that
the person has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written
promise to appear in court, or has failed to comply with the
terms of a notice of traffic infraction or citation, other than for
a standing, stopping, or parking violation. A suspension
under this section takes effect thirty days after the date the
department mails notice of the suspension, and remains in
effect until the department has received a certificate from the
court showing that the case has been adjudicated, and until
the person meets the requirements of RCW 46.20.311. In the
case of failure to respond to a traffic infraction issued under
RCW 46.55.105, the department shall suspend all driving
privileges until the person provides evidence from the court
that all penalties and restitution have been paid. A suspension
under this section does not take effect if, prior to the effective
date of the suspension, the department receives a certificate
from the court showing that the case has been adjudicated.
[2002 c 279 § 4; 1999 c 274 § 1; 1995 c 219 § 2; 1993 c 501
§ 1.]
46.20.293
46.20.291
46.20.291 Authority to suspend—Grounds. The
department is authorized to suspend the license of a driver
upon a showing by its records or other sufficient evidence
that the licensee:
(1) Has committed an offense for which mandatory revocation or suspension of license is provided by law;
(2) Has, by reckless or unlawful operation of a motor
vehicle, caused or contributed to an accident resulting in
death or injury to any person or serious property damage;
(3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have
committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard for the safety
of other persons on the highways;
(4) Is incompetent to drive a motor vehicle under RCW
46.20.031(3);
(5) Has failed to respond to a notice of traffic infraction,
failed to appear at a requested hearing, violated a written
promise to appear in court, or has failed to comply with the
terms of a notice of traffic infraction or citation, as provided
in RCW 46.20.289;
(6) Is subject to suspension under RCW 46.20.305;
(7) Has committed one of the prohibited practices relating to drivers' licenses defined in *RCW 46.20.336; or
(8) Has been certified by the department of social and
health services as a person who is not in compliance with a
child support order or a residential or visitation order as provided in RCW 74.20A.320. [1998 c 165 § 12; 1997 c 58 §
806; 1993 c 501 § 4; 1991 c 293 § 5; 1980 c 128 § 12; 1965
ex.s. c 121 § 25.]
*Reviser's note: RCW 46.20.336 was recodified as RCW 46.20.0921
pursuant to 1999 c 6 § 28.
Effective date—1998 c 165 §§ 8-14: See note following RCW
46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Effective date—Severability—1980 c 128: See notes following RCW
46.63.060.
Reckless driving, suspension of license: RCW 46.61.500.
Vehicular assault
drug and alcohol evaluation and treatment: RCW 46.61.524.
penalty: RCW 46.61.522.
Vehicular homicide
drug and alcohol evaluation and treatment: RCW 46.61.524.
penalty: RCW 46.61.520.
46.20.292
46.20.292 Finding of juvenile court officer. The
department may suspend, revoke, restrict, or condition any
driver's license upon a showing of its records that the licensee
has been found by a juvenile court, chief probation officer, or
any other duly authorized officer of a juvenile court to have
committed any offense or offenses which under Title 46
RCW constitutes grounds for said action. [1979 c 61 § 8;
1967 c 167 § 9.]
46.20.293
*Reviser's note: RCW 46.63.110 was amended by 2002 c 279 § 15,
changing subsection (5) to subsection (6).
(2004 Ed.)
46.20.293 Minor's record to juvenile court, parents,
or guardians. The department is authorized to provide juve[Title 46 RCW—page 93]
46.20.300
Title 46 RCW: Motor Vehicles
nile courts with the department's record of traffic charges
compiled under RCW 46.52.101 and 13.50.200, against any
minor upon the request of any state juvenile court or duly
authorized officer of any juvenile court of this state. Further,
the department is authorized to provide any juvenile court
with any requested service which the department can reasonably perform which is not inconsistent with its legal authority
which substantially aids juvenile courts in handling traffic
cases and which promotes highway safety.
The department is authorized to furnish to the parent,
parents, or guardian of any person under eighteen years of
age who is not emancipated from such parent, parents, or
guardian, the department records of traffic charges compiled
against the person and shall collect for the copy a fee of five
dollars to be deposited in the highway safety fund. [2002 c
352 § 15; 1999 c 86 § 3; 1990 c 250 § 44; 1979 c 61 § 9; 1977
ex.s. c 3 § 2; 1971 ex.s. c 292 § 45; 1969 ex.s. c 170 § 14;
1967 c 167 § 10.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
46.20.300
46.20.300 Extraterritorial convictions. The director
of licensing shall suspend, revoke, or cancel the vehicle
driver's license of any resident of this state upon receiving
notice of the conviction of such person in another state of an
offense therein which, if committed in this state, would be
ground for the suspension or revocation of the vehicle
driver's license. The director may further, upon receiving a
record of the conviction in this state of a nonresident driver of
a motor vehicle of any offense under the motor vehicle laws
of this state, forward a certified copy of such record to the
motor vehicle administrator in the state of which the person
so convicted is a resident; such record to consist of a copy of
the judgment and sentence in the case. [1989 c 337 § 7; 1979
c 158 § 150; 1967 c 32 § 29; 1961 c 12 § 46.20.300. Prior:
1957 c 273 § 8; prior: 1937 c 188 § 66, part; RRS § 6312-66,
part; 1923 c 122 § 1, part; 1921 c 108 § 9, part; RRS § 6371,
part.]
46.20.305
46.20.305 Incompetent, unqualified driver—Reexamination—Physician's certificate—Action by department. (1) The department, having good cause to believe that
a licensed driver is incompetent or otherwise not qualified to
be licensed may upon notice require him or her to submit to
an examination.
(2) The department shall require a driver reported under
RCW 46.52.070 (2) and (3) to submit to an examination. The
examination must be completed no later than one hundred
twenty days after the accident report required under RCW
46.52.070(2) is received by the department unless the department, at the request of the operator, extends the time for
examination.
(3) The department may in addition to an examination
under this section require such person to obtain a certificate
showing his or her condition signed by a licensed physician
or other proper authority designated by the department.
(4) Upon the conclusion of an examination under this
section the department shall take driver improvement action
as may be appropriate and may suspend or revoke the license
[Title 46 RCW—page 94]
of such person or permit him or her to retain such license, or
may issue a license subject to restrictions as permitted under
RCW 46.20.041. The department may suspend or revoke the
license of such person who refuses or neglects to submit to
such examination.
(5) The department may require payment of a fee by a
person subject to examination under this section. The department shall set the fee in an amount that is sufficient to cover
the additional cost of administering examinations required by
this section. [1999 c 351 § 3; 1998 c 165 § 13; 1965 ex.s. c
121 § 26.]
Effective date—1998 c 165 §§ 8-14: See note following RCW
46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
46.20.308
46.20.308 Implied consent—Test refusal—Procedures. (Effective until July 1, 2005.) (1) Any person who
operates a motor vehicle within this state is deemed to have
given consent, subject to the provisions of RCW 46.61.506,
to a test or tests of his or her breath or blood for the purpose
of determining the alcohol concentration or presence of any
drug in his or her breath or blood if arrested for any offense
where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or
was in actual physical control of a motor vehicle while under
the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503. Neither consent nor this section
precludes a police officer from obtaining a search warrant for
a person's breath or blood.
(2) The test or tests of breath shall be administered at the
direction of a law enforcement officer having reasonable
grounds to believe the person to have been driving or in
actual physical control of a motor vehicle within this state
while under the influence of intoxicating liquor or any drug
or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration in violation of RCW 46.61.503 in his or her system and
being under the age of twenty-one. However, in those
instances where the person is incapable due to physical
injury, physical incapacity, or other physical limitation, of
providing a breath sample or where the person is being
treated in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility or where the
officer has reasonable grounds to believe that the person is
under the influence of a drug, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(5).
The officer shall inform the person of his or her right to refuse
the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her
choosing as provided in RCW 46.61.506. The officer shall
warn the driver, in substantially the following language, that:
(a) If the driver refuses to take the test, the driver's
license, permit, or privilege to drive will be revoked or denied
for at least one year; and
(b) If the driver refuses to take the test, the driver's
refusal to take the test may be used in a criminal trial; and
(c) If the driver submits to the test and the test is administered, the driver's license, permit, or privilege to drive will
be suspended, revoked, or denied for at least ninety days if
the driver is age twenty-one or over and the test indicates the
alcohol concentration of the driver's breath or blood is 0.08 or
(2004 Ed.)
Drivers' Licenses—Identicards
more, or if the driver is under age twenty-one and the test
indicates the alcohol concentration of the driver's breath or
blood is 0.02 or more, or if the driver is under age twenty-one
and the driver is in violation of RCW 46.61.502 or 46.61.504.
(3) Except as provided in this section, the test administered shall be of the breath only. If an individual is unconscious or is under arrest for the crime of vehicular homicide
as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest
for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which
arrest results from an accident in which there has been serious
bodily injury to another person, a breath or blood test may be
administered without the consent of the individual so
arrested.
(4) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by subsection (1) of this section and the test or tests
may be administered, subject to the provisions of RCW
46.61.506, and the person shall be deemed to have received
the warnings required under subsection (2) of this section.
(5) If, following his or her arrest and receipt of warnings
under subsection (2) of this section, the person arrested
refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall
be given except as authorized under subsection (3) or (4) of
this section.
(6) If, after arrest and after the other applicable conditions and requirements of this section have been satisfied, a
test or tests of the person's blood or breath is administered
and the test results indicate that the alcohol concentration of
the person's breath or blood is 0.08 or more if the person is
age twenty-one or over, or 0.02 or more if the person is under
the age of twenty-one, or the person refuses to submit to a
test, the arresting officer or other law enforcement officer at
whose direction any test has been given, or the department,
where applicable, if the arrest results in a test of the person's
blood, shall:
(a) Serve notice in writing on the person on behalf of the
department of its intention to suspend, revoke, or deny the
person's license, permit, or privilege to drive as required by
subsection (7) of this section;
(b) Serve notice in writing on the person on behalf of the
department of his or her right to a hearing, specifying the
steps he or she must take to obtain a hearing as provided by
subsection (8) of this section;
(c) Mark the person's Washington state driver's license
or permit to drive, if any, in a manner authorized by the
department;
(d) Serve notice in writing that the marked license or permit, if any, is a temporary license that is valid for sixty days
from the date of arrest or from the date notice has been given
in the event notice is given by the department following a
blood test, or until the suspension, revocation, or denial of the
person's license, permit, or privilege to drive is sustained at a
hearing pursuant to subsection (8) of this section, whichever
occurs first. No temporary license is valid to any greater
degree than the license or permit that it replaces; and
(e) Immediately notify the department of the arrest and
transmit to the department within seventy-two hours, except
(2004 Ed.)
46.20.308
as delayed as the result of a blood test, a sworn report or
report under a declaration authorized by RCW 9A.72.085
that states:
(i) That the officer had reasonable grounds to believe the
arrested person had been driving or was in actual physical
control of a motor vehicle within this state while under the
influence of intoxicating liquor or drugs, or both, or was
under the age of twenty-one years and had been driving or
was in actual physical control of a motor vehicle while having an alcohol concentration in violation of RCW 46.61.503;
(ii) That after receipt of the warnings required by subsection (2) of this section the person refused to submit to a test of
his or her blood or breath, or a test was administered and the
results indicated that the alcohol concentration of the person's
breath or blood was 0.08 or more if the person is age twentyone or over, or was 0.02 or more if the person is under the age
of twenty-one; and
(iii) Any other information that the director may require
by rule.
(7) The department of licensing, upon the receipt of a
sworn report or report under a declaration authorized by
RCW 9A.72.085 under subsection (6)(e) of this section, shall
suspend, revoke, or deny the person's license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, or
denial to be effective beginning sixty days from the date of
arrest or from the date notice has been given in the event
notice is given by the department following a blood test, or
when sustained at a hearing pursuant to subsection (8) of this
section, whichever occurs first.
(8) A person receiving notification under subsection
(6)(b) of this section may, within thirty days after the notice
has been given, request in writing a formal hearing before the
department. The person shall pay a fee of one hundred dollars as part of the request. If the request is mailed, it must be
postmarked within thirty days after receipt of the notification.
Upon timely receipt of such a request for a formal hearing,
including receipt of the required one hundred dollar fee, the
department shall afford the person an opportunity for a hearing. The department may waive the required one hundred
dollar fee if the person is an indigent as defined in RCW
10.101.010. Except as otherwise provided in this section, the
hearing is subject to and shall be scheduled and conducted in
accordance with RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest, except that
all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means.
The hearing shall be held within sixty days following the
arrest or following the date notice has been given in the event
notice is given by the department following a blood test,
unless otherwise agreed to by the department and the person,
in which case the action by the department shall be stayed,
and any valid temporary license marked under subsection
(6)(c) of this section extended, if the person is otherwise eligible for licensing. For the purposes of this section, the scope
of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person
had been driving or was in actual physical control of a motor
vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual
physical control of a motor vehicle within this state while
[Title 46 RCW—page 95]
46.20.308
Title 46 RCW: Motor Vehicles
having alcohol in his or her system in a concentration of 0.02
or more if the person was under the age of twenty-one,
whether the person was placed under arrest, and (a) whether
the person refused to submit to the test or tests upon request
of the officer after having been informed that such refusal
would result in the revocation of the person's license, permit,
or privilege to drive, or (b) if a test or tests were administered,
whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether
the person submitted to the test or tests, or whether a test was
administered without express consent as permitted under this
section, and whether the test or tests indicated that the alcohol
concentration of the person's breath or blood was 0.08 or
more if the person was age twenty-one or over at the time of
the arrest, or 0.02 or more if the person was under the age of
twenty-one at the time of the arrest. The sworn report or
report under a declaration authorized by RCW 9A.72.085
submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the
person had been driving or was in actual physical control of a
motor vehicle within this state while under the influence of
intoxicating liquor or drugs, or both, or the person had been
driving or was in actual physical control of a motor vehicle
within this state while having alcohol in his or her system in
a concentration of 0.02 or more and was under the age of
twenty-one and that the officer complied with the requirements of this section.
A hearing officer shall conduct the hearing, may issue
subpoenas for the attendance of witnesses and the production
of documents, and shall administer oaths to witnesses. The
hearing officer shall not issue a subpoena for the attendance
of a witness at the request of the person unless the request is
accompanied by the fee required by RCW 5.56.010 for a witness in district court. The sworn report or report under a declaration authorized by RCW 9A.72.085 of the law enforcement officer and any other evidence accompanying the report
shall be admissible without further evidentiary foundation
and the certifications authorized by the criminal rules for
courts of limited jurisdiction shall be admissible without further evidentiary foundation. The person may be represented
by counsel, may question witnesses, may present evidence,
and may testify. The department shall order that the suspension, revocation, or denial either be rescinded or sustained.
(9) If the suspension, revocation, or denial is sustained
after such a hearing, the person whose license, privilege, or
permit is suspended, revoked, or denied has the right to file a
petition in the superior court of the county of arrest to review
the final order of revocation by the department in the same
manner as an appeal from a decision of a court of limited
jurisdiction. Notice of appeal must be filed within thirty days
after the date the final order is served or the right to appeal is
waived. Notwithstanding RCW 46.20.334, RALJ 1.1, or
other statutes or rules referencing de novo review, the appeal
shall be limited to a review of the record of the administrative
hearing. The appellant must pay the costs associated with
obtaining the record of the hearing before the hearing officer.
The filing of the appeal does not stay the effective date of the
suspension, revocation, or denial. A petition filed under this
subsection must include the petitioner's grounds for requesting review. Upon granting petitioner's request for review, the
court shall review the department's final order of suspension,
[Title 46 RCW—page 96]
revocation, or denial as expeditiously as possible. The
review must be limited to a determination of whether the
department has committed any errors of law. The superior
court shall accept those factual determinations supported by
substantial evidence in the record: (a) That were expressly
made by the department; or (b) that may reasonably be
inferred from the final order of the department. The superior
court may reverse, affirm, or modify the decision of the
department or remand the case back to the department for further proceedings. The decision of the superior court must be
in writing and filed in the clerk's office with the other papers
in the case. The court shall state the reasons for the decision.
If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant
such relief unless the court finds that the appellant is likely to
prevail in the appeal and that without a stay the appellant will
suffer irreparable injury. If the court stays the suspension,
revocation, or denial it may impose conditions on such stay.
(10) If a person whose driver's license, permit, or privilege to drive has been or will be suspended, revoked, or
denied under subsection (7) of this section, other than as a
result of a breath or blood test refusal, and who has not committed an offense for which he or she was granted a deferred
prosecution under chapter 10.05 RCW, petitions a court for a
deferred prosecution on criminal charges arising out of the
arrest for which action has been or will be taken under subsection (7) of this section, the court may direct the department to stay any actual or proposed suspension, revocation,
or denial for at least forty-five days but not more than ninety
days. If the court stays the suspension, revocation, or denial,
it may impose conditions on such stay. If the person is otherwise eligible for licensing, the department shall issue a temporary license, or extend any valid temporary license marked
under subsection (6) of this section, for the period of the stay.
If a deferred prosecution treatment plan is not recommended
in the report made under RCW 10.05.050, or if treatment is
rejected by the court, or if the person declines to accept an
offered treatment plan, or if the person violates any condition
imposed by the court, then the court shall immediately direct
the department to cancel the stay and any temporary marked
license or extension of a temporary license issued under this
subsection.
A suspension, revocation, or denial imposed under this
section, other than as a result of a breath or blood test refusal,
shall be stayed if the person is accepted for deferred prosecution as provided in chapter 10.05 RCW for the incident upon
which the suspension, revocation, or denial is based. If the
deferred prosecution is terminated, the stay shall be lifted and
the suspension, revocation, or denial reinstated. If the
deferred prosecution is completed, the stay shall be lifted and
the suspension, revocation, or denial canceled.
(11) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, revoked,
or denied, the department shall give information in writing of
the action taken to the motor vehicle administrator of the state
of the person's residence and of any state in which he or she
has a license. [2004 c 95 § 2; 2004 c 68 § 2. Prior: 1999 c
331 § 2; 1999 c 274 § 2; prior: 1998 c 213 § 1; 1998 c 209 §
1; 1998 c 207 § 7; 1998 c 41 § 4; 1995 c 332 § 1; 1994 c 275
§ 13; 1989 c 337 § 8; 1987 c 22 § 1; prior: 1986 c 153 § 5;
(2004 Ed.)
Drivers' Licenses—Identicards
1986 c 64 § 1; 1985 c 407 § 3; 1983 c 165 § 2; 1983 c 165 §
1; 1981 c 260 § 11; prior: 1979 ex.s. c 176 § 3; 1979 ex.s. c
136 § 59; 1979 c 158 § 151; 1975 1st ex.s. c 287 § 4; 1969 c
1 § 1 (Initiative Measure No. 242, approved November 5,
1968).]
Finding—Intent—2004 c 68: "The legislature finds that previous
attempts to curtail the incidence of driving while intoxicated have been inadequate. The legislature further finds that property loss, injury, and death
caused by drinking drivers continue at unacceptable levels. This act is
intended to convey the seriousness with which the legislature views this
problem. To that end the legislature seeks to ensure swift and certain consequences for those who drink and drive.
To accomplish this goal, the legislature adopts standards governing the
admissibility of tests of a person's blood or breath. These standards will provide a degree of uniformity that is currently lacking, and will reduce the
delays caused by challenges to various breath test instrument components
and maintenance procedures. Such challenges, while allowed, will no longer
go to admissibility of test results. Instead, such challenges are to be considered by the finder of fact in deciding what weight to place upon an admitted
blood or breath test result.
The legislature's authority to adopt standards governing the admissibility of evidence involving alcohol is well established by the Washington
Supreme Court. See generally State v. Long, 113 Wn.2d 266, 778 P.2d 1027
(1989); State v. Sears, 4 Wn.2d 200, 215, 103 P.2d 337 (1940) (the legislature has the power to enact laws which create rules of evidence); State v.
Pavelich, 153 Wash. 379, 279 P. 1102 (1929) ("rules of evidence are substantive law")." [2004 c 68 § 1.]
Contingent effect—2004 c 95 § 2: "Section 2 of this act takes effect if
section 2 of Substitute House Bill No. 3055 is enacted into law." [2004 c 95
§ 17.] 2004 c 68 § 2 was enacted into law, effective June 10, 2004.
Effective date—1999 c 331: See note following RCW 9.94A.525.
Effective date—1998 c 213: "This act takes effect January 1, 1999."
[1998 c 213 § 9.]
Effective date—1998 c 209: "This act takes effect January 1, 1999."
[1998 c 209 § 6.]
Effective date—1998 c 207: See note following RCW 46.61.5055.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—1995 c 332: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 332 § 23.]
Effective dates—1995 c 332: "This act shall take effect September 1,
1995, except for sections 13 and 22 of this act which are necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
immediately [May 11, 1995]." [1995 c 332 § 24.]
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Legislative finding, intent—1983 c 165: "The legislature finds that
previous attempts to curtail the incidence of driving while intoxicated have
been inadequate. The legislature further finds that property loss, injury, and
death caused by drinking drivers have reached unacceptable levels. This act
is intended to convey the seriousness with which the legislature views this
problem. To that end the legislature seeks to insure swift and certain punishment for those who drink and drive. The legislature does not intend to discourage or deter courts and other agencies from directing or providing treatment for problem drinkers. However, it is the intent that such treatment,
where appropriate, be in addition to and not in lieu of the sanctions to be
applied to all those convicted of driving while intoxicated." [1983 c 165 §
44.]
Effective dates—1983 c 165: "Sections 2, 3 through 12, 14, 16, 18, 22,
24, and 26 of chapter 165, Laws of 1983 shall take effect on January 1, 1986.
The remainder of chapter 165, Laws of 1983 is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on July
1, 1983. The director of licensing may immediately take such steps as are
necessary to insure that all sections of chapter 165, Laws of 1983 are imple(2004 Ed.)
46.20.308
mented on their respective effective dates." [1984 c 219 § 1; 1983 c 165 §
47.]
Severability—1983 c 165: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 165 § 48.]
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability, implied consent law—1969 c 1: See RCW 46.20.911.
Liability of medical personnel withdrawing blood: RCW 46.61.508.
Refusal of test—Admissibility as evidence: RCW 46.61.517.
46.20.308
46.20.308 Implied consent—Test refusal—Procedures. (Effective July 1, 2005.) (1) Any person who operates a motor vehicle within this state is deemed to have given
consent, subject to the provisions of RCW 46.61.506, to a test
or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in
his or her breath or blood if arrested for any offense where, at
the time of the arrest, the arresting officer has reasonable
grounds to believe the person had been driving or was in
actual physical control of a motor vehicle while under the
influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503. Neither consent nor this section precludes a police officer from obtaining a search warrant for a
person's breath or blood.
(2) The test or tests of breath shall be administered at the
direction of a law enforcement officer having reasonable
grounds to believe the person to have been driving or in
actual physical control of a motor vehicle within this state
while under the influence of intoxicating liquor or any drug
or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration in violation of RCW 46.61.503 in his or her system and
being under the age of twenty-one. However, in those
instances where the person is incapable due to physical
injury, physical incapacity, or other physical limitation, of
providing a breath sample or where the person is being
treated in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility or where the
officer has reasonable grounds to believe that the person is
under the influence of a drug, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(5).
The officer shall inform the person of his or her right to refuse
the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her
choosing as provided in RCW 46.61.506. The officer shall
warn the driver, in substantially the following language, that:
(a) If the driver refuses to take the test, the driver's
license, permit, or privilege to drive will be revoked or denied
for at least one year; and
(b) If the driver refuses to take the test, the driver's
refusal to take the test may be used in a criminal trial; and
(c) If the driver submits to the test and the test is administered, the driver's license, permit, or privilege to drive will
be suspended, revoked, or denied for at least ninety days if
the driver is age twenty-one or over and the test indicates the
alcohol concentration of the driver's breath or blood is 0.08 or
more, or if the driver is under age twenty-one and the test
indicates the alcohol concentration of the driver's breath or
[Title 46 RCW—page 97]
46.20.308
Title 46 RCW: Motor Vehicles
blood is 0.02 or more, or if the driver is under age twenty-one
and the driver is in violation of RCW 46.61.502 or 46.61.504.
(3) Except as provided in this section, the test administered shall be of the breath only. If an individual is unconscious or is under arrest for the crime of vehicular homicide
as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest
for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which
arrest results from an accident in which there has been serious
bodily injury to another person, a breath or blood test may be
administered without the consent of the individual so
arrested.
(4) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by subsection (1) of this section and the test or tests
may be administered, subject to the provisions of RCW
46.61.506, and the person shall be deemed to have received
the warnings required under subsection (2) of this section.
(5) If, following his or her arrest and receipt of warnings
under subsection (2) of this section, the person arrested
refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall
be given except as authorized under subsection (3) or (4) of
this section.
(6) If, after arrest and after the other applicable conditions and requirements of this section have been satisfied, a
test or tests of the person's blood or breath is administered
and the test results indicate that the alcohol concentration of
the person's breath or blood is 0.08 or more if the person is
age twenty-one or over, or 0.02 or more if the person is under
the age of twenty-one, or the person refuses to submit to a
test, the arresting officer or other law enforcement officer at
whose direction any test has been given, or the department,
where applicable, if the arrest results in a test of the person's
blood, shall:
(a) Serve notice in writing on the person on behalf of the
department of its intention to suspend, revoke, or deny the
person's license, permit, or privilege to drive as required by
subsection (7) of this section;
(b) Serve notice in writing on the person on behalf of the
department of his or her right to a hearing, specifying the
steps he or she must take to obtain a hearing as provided by
subsection (8) of this section;
(c) Mark the person's Washington state driver's license
or permit to drive, if any, in a manner authorized by the
department;
(d) Serve notice in writing that the marked license or permit, if any, is a temporary license that is valid for sixty days
from the date of arrest or from the date notice has been given
in the event notice is given by the department following a
blood test, or until the suspension, revocation, or denial of the
person's license, permit, or privilege to drive is sustained at a
hearing pursuant to subsection (8) of this section, whichever
occurs first. No temporary license is valid to any greater
degree than the license or permit that it replaces; and
(e) Immediately notify the department of the arrest and
transmit to the department within seventy-two hours, except
as delayed as the result of a blood test, a sworn report or
[Title 46 RCW—page 98]
report under a declaration authorized by RCW 9A.72.085
that states:
(i) That the officer had reasonable grounds to believe the
arrested person had been driving or was in actual physical
control of a motor vehicle within this state while under the
influence of intoxicating liquor or drugs, or both, or was
under the age of twenty-one years and had been driving or
was in actual physical control of a motor vehicle while having an alcohol concentration in violation of RCW 46.61.503;
(ii) That after receipt of the warnings required by subsection (2) of this section the person refused to submit to a test of
his or her blood or breath, or a test was administered and the
results indicated that the alcohol concentration of the person's
breath or blood was 0.08 or more if the person is age twentyone or over, or was 0.02 or more if the person is under the age
of twenty-one; and
(iii) Any other information that the director may require
by rule.
(7) The department of licensing, upon the receipt of a
sworn report or report under a declaration authorized by
RCW 9A.72.085 under subsection (6)(e) of this section, shall
suspend, revoke, or deny the person's license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, or
denial to be effective beginning sixty days from the date of
arrest or from the date notice has been given in the event
notice is given by the department following a blood test, or
when sustained at a hearing pursuant to subsection (8) of this
section, whichever occurs first.
(8) A person receiving notification under subsection
(6)(b) of this section may, within thirty days after the notice
has been given, request in writing a formal hearing before the
department. The person shall pay a fee of one hundred dollars as part of the request. If the request is mailed, it must be
postmarked within thirty days after receipt of the notification.
Upon timely receipt of such a request for a formal hearing,
including receipt of the required one hundred dollar fee, the
department shall afford the person an opportunity for a hearing. The department may waive the required one hundred
dollar fee if the person is an indigent as defined in RCW
10.101.010. Except as otherwise provided in this section, the
hearing is subject to and shall be scheduled and conducted in
accordance with RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest, except that
all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means.
The hearing shall be held within sixty days following the
arrest or following the date notice has been given in the event
notice is given by the department following a blood test,
unless otherwise agreed to by the department and the person,
in which case the action by the department shall be stayed,
and any valid temporary license marked under subsection
(6)(c) of this section extended, if the person is otherwise eligible for licensing. For the purposes of this section, the scope
of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person
had been driving or was in actual physical control of a motor
vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual
physical control of a motor vehicle within this state while
having alcohol in his or her system in a concentration of 0.02
(2004 Ed.)
Drivers' Licenses—Identicards
or more if the person was under the age of twenty-one,
whether the person was placed under arrest, and (a) whether
the person refused to submit to the test or tests upon request
of the officer after having been informed that such refusal
would result in the revocation of the person's license, permit,
or privilege to drive, or (b) if a test or tests were administered,
whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether
the person submitted to the test or tests, or whether a test was
administered without express consent as permitted under this
section, and whether the test or tests indicated that the alcohol
concentration of the person's breath or blood was 0.08 or
more if the person was age twenty-one or over at the time of
the arrest, or 0.02 or more if the person was under the age of
twenty-one at the time of the arrest. The sworn report or
report under a declaration authorized by RCW 9A.72.085
submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the
person had been driving or was in actual physical control of a
motor vehicle within this state while under the influence of
intoxicating liquor or drugs, or both, or the person had been
driving or was in actual physical control of a motor vehicle
within this state while having alcohol in his or her system in
a concentration of 0.02 or more and was under the age of
twenty-one and that the officer complied with the requirements of this section.
A hearing officer shall conduct the hearing, may issue
subpoenas for the attendance of witnesses and the production
of documents, and shall administer oaths to witnesses. The
hearing officer shall not issue a subpoena for the attendance
of a witness at the request of the person unless the request is
accompanied by the fee required by RCW 5.56.010 for a witness in district court. The sworn report or report under a declaration authorized by RCW 9A.72.085 of the law enforcement officer and any other evidence accompanying the report
shall be admissible without further evidentiary foundation
and the certifications authorized by the criminal rules for
courts of limited jurisdiction shall be admissible without further evidentiary foundation. The person may be represented
by counsel, may question witnesses, may present evidence,
and may testify. The department shall order that the suspension, revocation, or denial either be rescinded or sustained.
(9) If the suspension, revocation, or denial is sustained
after such a hearing, the person whose license, privilege, or
permit is suspended, revoked, or denied has the right to file a
petition in the superior court of the county of arrest to review
the final order of revocation by the department in the same
manner as an appeal from a decision of a court of limited
jurisdiction. Notice of appeal must be filed within thirty days
after the date the final order is served or the right to appeal is
waived. Notwithstanding RCW 46.20.334, RALJ 1.1, or
other statutes or rules referencing de novo review, the appeal
shall be limited to a review of the record of the administrative
hearing. The appellant must pay the costs associated with
obtaining the record of the hearing before the hearing officer.
The filing of the appeal does not stay the effective date of the
suspension, revocation, or denial. A petition filed under this
subsection must include the petitioner's grounds for requesting review. Upon granting petitioner's request for review, the
court shall review the department's final order of suspension,
revocation, or denial as expeditiously as possible. The
(2004 Ed.)
46.20.308
review must be limited to a determination of whether the
department has committed any errors of law. The superior
court shall accept those factual determinations supported by
substantial evidence in the record: (a) That were expressly
made by the department; or (b) that may reasonably be
inferred from the final order of the department. The superior
court may reverse, affirm, or modify the decision of the
department or remand the case back to the department for further proceedings. The decision of the superior court must be
in writing and filed in the clerk's office with the other papers
in the case. The court shall state the reasons for the decision.
If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant
such relief unless the court finds that the appellant is likely to
prevail in the appeal and that without a stay the appellant will
suffer irreparable injury. If the court stays the suspension,
revocation, or denial it may impose conditions on such stay.
(10)(a) If a person whose driver's license, permit, or privilege to drive has been or will be suspended, revoked, or
denied under subsection (7) of this section, other than as a
result of a breath or blood test refusal, and who has not committed an offense for which he or she was granted a deferred
prosecution under chapter 10.05 RCW, petitions a court for a
deferred prosecution on criminal charges arising out of the
arrest for which action has been or will be taken under subsection (7) of this section, the court may direct the department to stay any actual or proposed suspension, revocation,
or denial for at least forty-five days but not more than ninety
days. If the court stays the suspension, revocation, or denial,
it may impose conditions on such stay. If the person is otherwise eligible for licensing, the department shall issue a temporary license, or extend any valid temporary license marked
under subsection (6) of this section, for the period of the stay.
If a deferred prosecution treatment plan is not recommended
in the report made under RCW 10.05.050, or if treatment is
rejected by the court, or if the person declines to accept an
offered treatment plan, or if the person violates any condition
imposed by the court, then the court shall immediately direct
the department to cancel the stay and any temporary marked
license or extension of a temporary license issued under this
subsection.
(b) A suspension, revocation, or denial imposed under
this section, other than as a result of a breath or blood test
refusal, shall be stayed if the person is accepted for deferred
prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is
based. If the deferred prosecution is terminated, the stay shall
be lifted and the suspension, revocation, or denial reinstated.
If the deferred prosecution is completed, the stay shall be
lifted and the suspension, revocation, or denial canceled.
(c) The provisions of (b) of this subsection relating to a
stay of a suspension, revocation, or denial and the cancellation of any suspension, revocation, or denial do not apply to
the suspension, revocation, denial, or disqualification of a
person's commercial driver's license or privilege to operate a
commercial motor vehicle.
(11) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, revoked,
or denied, the department shall give information in writing of
the action taken to the motor vehicle administrator of the state
[Title 46 RCW—page 99]
46.20.3101
Title 46 RCW: Motor Vehicles
of the person's residence and of any state in which he or she
has a license. [2004 c 187 § 1; 2004 c 95 § 2; 2004 c 68 § 2.
Prior: 1999 c 331 § 2; 1999 c 274 § 2; prior: 1998 c 213 § 1;
1998 c 209 § 1; 1998 c 207 § 7; 1998 c 41 § 4; 1995 c 332 §
1; 1994 c 275 § 13; 1989 c 337 § 8; 1987 c 22 § 1; prior: 1986
c 153 § 5; 1986 c 64 § 1; 1985 c 407 § 3; 1983 c 165 § 2; 1983
c 165 § 1; 1981 c 260 § 11; prior: 1979 ex.s. c 176 § 3; 1979
ex.s. c 136 § 59; 1979 c 158 § 151; 1975 1st ex.s. c 287 § 4;
1969 c 1 § 1 (Initiative Measure No. 242, approved November 5, 1968).]
Reviser's note: This section was amended by 2004 c 95 § 2 and by
2004 c 187 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2004 c 187 §§ 1, 5, 7, 8, and 10: "Sections 1, 5, 7, 8,
and 10 of this act take effect July 1, 2005." [2004 c 187 § 11.]
Contingent effect—2004 c 95 § 2: "Section 2 of this act takes effect if
section 2 of Substitute House Bill No. 3055 is enacted into law." [2004 c 95
§ 17.] 2004 c 68 § 2 was enacted into law, effective June 10, 2004.
Finding—Intent—2004 c 68: "The legislature finds that previous
attempts to curtail the incidence of driving while intoxicated have been inadequate. The legislature further finds that property loss, injury, and death
caused by drinking drivers continue at unacceptable levels. This act is
intended to convey the seriousness with which the legislature views this
problem. To that end the legislature seeks to ensure swift and certain consequences for those who drink and drive.
To accomplish this goal, the legislature adopts standards governing the
admissibility of tests of a person's blood or breath. These standards will provide a degree of uniformity that is currently lacking, and will reduce the
delays caused by challenges to various breath test instrument components
and maintenance procedures. Such challenges, while allowed, will no longer
go to admissibility of test results. Instead, such challenges are to be considered by the finder of fact in deciding what weight to place upon an admitted
blood or breath test result.
The legislature's authority to adopt standards governing the admissibility of evidence involving alcohol is well established by the Washington
Supreme Court. See generally State v. Long, 113 Wn.2d 266, 778 P.2d 1027
(1989); State v. Sears, 4 Wn.2d 200, 215, 103 P.2d 337 (1940) (the legislature has the power to enact laws which create rules of evidence); State v.
Pavelich, 153 Wash. 379, 279 P. 1102 (1929) ("rules of evidence are substantive law")." [2004 c 68 § 1.]
Effective date—1999 c 331: See note following RCW 9.94A.525.
Effective date—1998 c 213: "This act takes effect January 1, 1999."
[1998 c 213 § 9.]
Effective date—1998 c 209: "This act takes effect January 1, 1999."
[1998 c 209 § 6.]
Effective date—1998 c 207: See note following RCW 46.61.5055.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—1995 c 332: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 332 § 23.]
Effective dates—1995 c 332: "This act shall take effect September 1,
1995, except for sections 13 and 22 of this act which are necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
immediately [May 11, 1995]." [1995 c 332 § 24.]
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Legislative finding, intent—1983 c 165: "The legislature finds that
previous attempts to curtail the incidence of driving while intoxicated have
been inadequate. The legislature further finds that property loss, injury, and
death caused by drinking drivers have reached unacceptable levels. This act
is intended to convey the seriousness with which the legislature views this
problem. To that end the legislature seeks to insure swift and certain punishment for those who drink and drive. The legislature does not intend to discourage or deter courts and other agencies from directing or providing treat[Title 46 RCW—page 100]
ment for problem drinkers. However, it is the intent that such treatment,
where appropriate, be in addition to and not in lieu of the sanctions to be
applied to all those convicted of driving while intoxicated." [1983 c 165 §
44.]
Effective dates—1983 c 165: "Sections 2, 3 through 12, 14, 16, 18, 22,
24, and 26 of chapter 165, Laws of 1983 shall take effect on January 1, 1986.
The remainder of chapter 165, Laws of 1983 is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on July
1, 1983. The director of licensing may immediately take such steps as are
necessary to insure that all sections of chapter 165, Laws of 1983 are implemented on their respective effective dates." [1984 c 219 § 1; 1983 c 165 §
47.]
Severability—1983 c 165: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 165 § 48.]
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability, implied consent law—1969 c 1: See RCW 46.20.911.
Liability of medical personnel withdrawing blood: RCW 46.61.508.
Refusal of test—Admissibility as evidence: RCW 46.61.517.
46.20.3101
46.20.3101 Implied consent—License sanctions,
length of. Pursuant to RCW 46.20.308, the department shall
suspend, revoke, or deny the arrested person's license, permit,
or privilege to drive as follows:
(1) In the case of a person who has refused a test or tests:
(a) For a first refusal within seven years, where there has
not been a previous incident within seven years that resulted
in administrative action under this section, revocation or
denial for one year;
(b) For a second or subsequent refusal within seven
years, or for a first refusal where there has been one or more
previous incidents within seven years that have resulted in
administrative action under this section, revocation or denial
for two years or until the person reaches age twenty-one,
whichever is longer.
(2) In the case of an incident where a person has submitted to or been administered a test or tests indicating that the
alcohol concentration of the person's breath or blood was
0.08 or more:
(a) For a first incident within seven years, where there
has not been a previous incident within seven years that
resulted in administrative action under this section, suspension for ninety days;
(b) For a second or subsequent incident within seven
years, revocation or denial for two years.
(3) In the case of an incident where a person under age
twenty-one has submitted to or been administered a test or
tests indicating that the alcohol concentration of the person's
breath or blood was 0.02 or more:
(a) For a first incident within seven years, suspension or
denial for ninety days;
(b) For a second or subsequent incident within seven
years, revocation or denial for one year or until the person
reaches age twenty-one, whichever is longer.
(4) The department shall grant credit on a day-for-day
basis for any portion of a suspension, revocation, or denial
already served under this section for a suspension, revocation, or denial imposed under RCW 46.61.5055 arising out of
(2004 Ed.)
Drivers' Licenses—Identicards
the same incident. [2004 c 95 § 4; 2004 c 68 § 3. Prior: 1998
c 213 § 2; 1998 c 209 § 2; 1998 c 207 § 8; 1995 c 332 § 3.]
Reviser's note: This section was amended by 2004 c 68 § 3 and by
2004 c 95 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Finding—Intent—2004 c 68: See note following RCW 46.20.308.
Effective date—1998 c 213: See note following RCW 46.20.308.
Effective date—1998 c 209: See note following RCW 46.20.308.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
46.20.311
46.20.311 Duration of license sanctions—Reissuance
or renewal. (1)(a) The department shall not suspend a
driver's license or privilege to drive a motor vehicle on the
public highways for a fixed period of more than one year,
except as specifically permitted under RCW 46.20.267,
46.20.342, or other provision of law.
(b) Except for a suspension under RCW 46.20.267,
46.20.289, 46.20.291(5), 46.61.740, or 74.20A.320, whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic
infraction has been committed, pursuant to chapter 46.29
RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and
thereafter maintains proof of financial responsibility for the
future as provided in chapter 46.29 RCW.
(c) If the suspension is the result of a violation of RCW
46.61.502 or 46.61.504, the department shall determine the
person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement
until enrollment and participation in an approved program
has been established and the person is otherwise qualified. If
the suspension is the result of a violation of RCW 46.61.502
or 46.61.504, and the person is required pursuant to RCW
46.20.720 to drive only a motor vehicle equipped with a functioning ignition interlock, the department shall determine the
person's eligibility for licensing based upon written verification by a company doing business in the state that it has
installed the required device on a vehicle owned or operated
by the person seeking reinstatement. If, based upon notification from the interlock provider or otherwise, the department
determines that an interlock required under RCW 46.20.720
is no longer installed or functioning as required, the department shall suspend the person's license or privilege to drive.
Whenever the license or driving privilege of any person is
suspended or revoked as a result of noncompliance with an
ignition interlock requirement, the suspension shall remain in
effect until the person provides notice issued by a company
doing business in the state that a vehicle owned or operated
by the person is equipped with a functioning ignition interlock device.
(d) Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance
with a child support order under chapter 74.20A RCW or a
residential or visitation order, the suspension shall remain in
effect until the person provides a release issued by the department of social and health services stating that the person is in
compliance with the order.
(2004 Ed.)
46.20.311
(e)(i) The department shall not issue to the person a new,
duplicate, or renewal license until the person pays a reissue
fee of twenty dollars.
(ii) If the suspension is the result of a violation of RCW
46.61.502 or 46.61.504, or is the result of administrative
action under RCW 46.20.308, the reissue fee shall be one
hundred fifty dollars.
(2)(a) Any person whose license or privilege to drive a
motor vehicle on the public highways has been revoked,
unless the revocation was for a cause which has been
removed, is not entitled to have the license or privilege
renewed or restored until: (i) After the expiration of one year
from the date the license or privilege to drive was revoked;
(ii) after the expiration of the applicable revocation period
provided by RCW 46.20.3101 or 46.61.5055; (iii) after the
expiration of two years for persons convicted of vehicular
homicide; or (iv) after the expiration of the applicable revocation period provided by RCW 46.20.265.
(b)(i) After the expiration of the appropriate period, the
person may make application for a new license as provided
by law together with a reissue fee in the amount of twenty
dollars.
(ii) If the revocation is the result of a violation of RCW
46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be
one hundred fifty dollars. If the revocation is the result of a
violation of RCW 46.61.502 or 46.61.504, the department
shall determine the person's eligibility for licensing based
upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall
deny reissuance of a license, permit, or privilege to drive until
enrollment and participation in an approved program has
been established and the person is otherwise qualified. If the
revocation is the result of a violation of RCW 46.61.502 or
46.61.504, and the person is required pursuant to RCW
46.20.720 to drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical
device, the department shall determine the person's eligibility
for licensing based upon written verification by a company
doing business in the state that it has installed the required
device on a vehicle owned or operated by the person applying
for a new license. If, following issuance of a new license, the
department determines, based upon notification from the
interlock provider or otherwise, that an interlock required
under RCW 46.20.720 is no longer functioning, the department shall suspend the person's license or privilege to drive
until the department has received written verification from an
interlock provider that a functioning interlock is installed.
(c) Except for a revocation under RCW 46.20.265, the
department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person
that it will be safe to grant the privilege of driving a motor
vehicle on the public highways, and until the person gives
and thereafter maintains proof of financial responsibility for
the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a
new license unless it is satisfied after investigation of the
driving ability of the person that it will be safe to grant that
person the privilege of driving a motor vehicle on the public
highways.
(3)(a) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators
[Title 46 RCW—page 101]
46.20.315
Title 46 RCW: Motor Vehicles
compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5),
the department shall not issue to the person any new or
renewal license until the person pays a reissue fee of twenty
dollars.
(b) If the suspension is the result of a violation of the
laws of this or any other state, province, or other jurisdiction
involving (i) the operation or physical control of a motor
vehicle upon the public highways while under the influence
of intoxicating liquor or drugs, or (ii) the refusal to submit to
a chemical test of the driver's blood alcohol content, the reissue fee shall be one hundred fifty dollars. [2004 c 95 § 3;
2003 c 366 § 2; 2001 c 325 § 2; 2000 c 115 § 7; 1998 c 212 §
1; 1997 c 58 § 807; 1995 c 332 § 11; 1994 c 275 § 27; 1993 c
501 § 5; 1990 c 250 § 45; 1988 c 148 § 9. Prior: 1985 c 407
§ 4; 1985 c 211 § 1; 1984 c 258 § 325; 1983 c 165 § 18; 1983
c 165 § 17; 1982 c 212 § 5; 1981 c 91 § 1; 1979 ex.s. c 136 §
60; 1973 1st ex.s. c 36 § 1; 1969 c 1 § 2 (Initiative Measure
No. 242, approved November 5, 1968); 1967 c 167 § 5; 1965
ex.s. c 121 § 27.]
Sunset Act application: See note following RCW 46.20.075.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
standing the certificate itself is not delivered over or possession thereof obtained by a court, officer, or the director.
[1967 c 32 § 30; 1961 c 12 § 46.20.320. Prior: 1957 c 273 §
10; prior: 1937 c 188 § 66, part; RRS § 6312-66, part; 1923
c 122 § 1, part; 1921 c 108 § 9, part; RRS § 6371, part.]
DRIVER IMPROVEMENT
46.20.322
46.20.322 Interview before suspension, etc.—Exceptions—Appearance of minor's parent or guardian. (1)
Whenever the department proposes to suspend or revoke the
driving privilege of any person or proposes to impose terms
of probation on a person's driving privilege or proposes to
refuse to renew a driver's license, notice and an opportunity
for a driver improvement interview shall be given before taking such action, except as provided in RCW 46.20.324 and
46.20.325.
(2) Whenever the department proposes to suspend,
revoke, restrict, or condition a minor driver's driving privilege the department may require the appearance of the
minor's legal guardian or father or mother, otherwise the parent or guardian having custody of the minor. [1979 c 61 § 10;
1973 1st ex.s. c 154 § 88; 1967 c 167 § 6; 1965 ex.s. c 121 §
29.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
46.20.323
46.20.323 Notice of interview—Contents. The notice
shall contain a statement setting forth the proposed action and
the grounds therefor, and notify the person to appear for a
driver improvement interview not less than ten days from the
date notice is given. [1965 ex.s. c 121 § 30.]
Severability—1990 c 250: See note following RCW 46.16.301.
Legislative finding—Severability—1988 c 148: See notes following
RCW 13.40.265.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability, implied consent law—1969 c 1: See RCW 46.20.911.
46.20.315
46.20.315 Surrender of license. The department upon
suspending or revoking a license shall require that such
license shall be surrendered to and be retained by the department. [1985 c 302 § 1; 1965 ex.s. c 121 § 28.]
46.20.317
46.20.317 Unlicensed drivers. The department is
hereby authorized to place any unlicensed person into a suspended or revoked status under any circumstances which
would have resulted in the suspension or revocation of the
driver's license had that person been licensed. [1975-'76 2nd
ex.s. c 29 § 2. Formerly RCW 46.20.414.]
46.20.320
46.20.320 Suspension, etc., effective although certificate not delivered. Any suspension, revocation, or cancellation of a vehicle driver's license shall be in effect notwith[Title 46 RCW—page 102]
46.20.324
46.20.324 Persons not entitled to interview or hearing. A person shall not be entitled to a driver improvement
interview or formal hearing as hereinafter provided:
(1) When the action by the department is made mandatory by the provisions of this chapter or other law; or
(2) When the person has refused or neglected to submit
to an examination as required by RCW 46.20.305. [1965
ex.s. c 121 § 31.]
46.20.325
46.20.325 Suspension or probation before interview—Alternative procedure. In the alternative to the procedure set forth in RCW 46.20.322 and 46.20.323 the department, whenever it determines from its records or other sufficient evidence that the safety of persons upon the highways
requires such action, shall forthwith and without a driver
improvement interview suspend the privilege of a person to
operate a motor vehicle or impose reasonable terms and conditions of probation consistent with the safe operation of a
motor vehicle. The department shall in such case, immediately notify such licensee in writing and upon his request
shall afford him an opportunity for a driver improvement
interview as early as practical within not to exceed seven
days after receipt of such request, or the department, at the
time it gives notice may set the date of a driver improvement
interview, giving not less than ten days' notice thereof. [1965
ex.s. c 121 § 32.]
(2004 Ed.)
Drivers' Licenses—Identicards
46.20.326
46.20.326 Failure to appear or request interview constitutes waiver—Procedure. Failure to appear for a driver
improvement interview at the time and place stated by the
department in its notice as provided in RCW 46.20.322 and
46.20.323 or failure to request a driver improvement interview within ten days as provided in RCW 46.20.325 constitutes a waiver of a driver improvement interview, and the
department may take action without such driver improvement
interview, or the department may, upon request of the person
whose privilege to drive may be affected, or at its own option,
re-open the case, take evidence, change or set aside any order
theretofore made, or grant a driver improvement interview.
[1990 c 250 § 46; 1965 ex.s. c 121 § 33.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.20.327
46.20.327 Conduct of interview—Referee—Evidence—Not deemed hearing. A driver improvement interview shall be conducted in a completely informal manner
before a driver improvement analyst sitting as a referee. The
applicant or licensee shall have the right to make or file a
written answer or statement in which he may controvert any
point at issue, and present any evidence or arguments for the
consideration of the department pertinent to the action taken
or proposed to be taken or the grounds therefor. The department may consider its records relating to the applicant or licensee. The driver improvement interview shall not be deemed
an agency hearing. [1965 ex.s. c 121 § 34.]
46.20.333
setting aside the stay during the pendency of such appeal in
those cases where the action of the department is based upon
physical or mental incapacity, or a failure to successfully
complete an examination required by this chapter.
A formal hearing shall be conducted by the director or by
a person or persons appointed by the director from among the
employees of the department. [1982 c 189 § 4; 1981 c 67 §
28; 1979 ex.s. c 136 § 61; 1972 ex.s. c 29 § 1; 1965 ex.s. c
121 § 36.]
Effective date—1982 c 189: See note following RCW 34.12.020.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.20.331
46.20.331 Hearing and decision by director's designee. The director may appoint a designee, or designees, to
preside over hearings in adjudicative proceedings that may
result in the denial, restriction, suspension, or revocation of a
driver's license or driving privilege, or in the imposition of
requirements to be met prior to issuance or reissuance of a
driver's license, under Title 46 RCW. The director may delegate to any such designees the authority to render the final
decision of the department in such proceedings. Chapter
34.12 RCW shall not apply to such proceedings. [1989 c 175
§ 111; 1982 c 189 § 3.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—1982 c 189: See note following RCW 34.12.020.
46.20.328
46.20.328 Findings and notification after interview—
Request for formal hearing. Upon the conclusion of a
driver improvement interview, the department's referee shall
make findings on the matter under consideration and shall
notify the person involved in writing by personal service of
the findings. The referee's findings shall be final unless the
person involved is notified to the contrary by personal service
or by certified mail within fifteen days. The decision is effective upon notice. The person upon receiving such notice may,
in writing and within ten days, request a formal hearing.
[1979 c 61 § 11; 1965 ex.s. c 121 § 35.]
Persons not entitled to formal hearing: RCW 46.20.324.
46.20.329
46.20.329 Formal hearing—Procedures, notice, stay.
Upon receiving a request for a formal hearing as provided in
RCW 46.20.328, the department shall fix a time and place for
hearing as early as may be arranged in the county where the
applicant or licensee resides, and shall give ten days' notice of
the hearing to the applicant or licensee, except that the hearing may be set for a different place with the concurrence of
the applicant or licensee and the period of notice may be
waived.
Any decision by the department suspending or revoking
a person's driving privilege shall be stayed and shall not take
effect while a formal hearing is pending as herein provided or
during the pendency of a subsequent appeal to superior court:
PROVIDED, That this stay shall be effective only so long as
there is no conviction of a moving violation or a finding that
the person has committed a traffic infraction which is a moving violation during pendency of hearing and appeal: PROVIDED FURTHER, That nothing in this section shall be construed as prohibiting the department from seeking an order
(2004 Ed.)
46.20.332
46.20.332 Formal hearing—Evidence—Subpoenas—
Reexamination—Findings and recommendations. At a
formal hearing the department shall consider its records and
may receive sworn testimony and may issue subpoenas for
the attendance of witnesses and the production of relevant
books and papers in the manner and subject to the conditions
provided in chapter 5.56 RCW relating to the issuance of subpoenas. In addition the department may require a reexamination of the licensee or applicant. Proceedings at a formal
hearing shall be recorded stenographically or by mechanical
device. Upon the conclusion of a formal hearing, if not heard
by the director or a person authorized by him to make final
decisions regarding the issuance, denial, suspension or revocation of licenses, the referee or board shall make findings on
the matters under consideration and may prepare and submit
recommendations to the director or such person designated
by the director who is authorized to make final decisions
regarding the issuance, denial, suspension, or revocation of
licenses. [1972 ex.s. c 29 § 2; 1965 ex.s. c 121 § 37.]
46.20.333
46.20.333 Decision after formal hearing. In all cases
not heard by the director or a person authorized by him to
make final decisions regarding the issuance, denial, suspension, or revocation of licenses the director, or a person so
authorized shall review the records, evidence, and the findings after a formal hearing, and shall render a decision sustaining, modifying, or reversing the order of suspension or
revocation or the refusal to grant, or renew a license or the
order imposing terms or conditions of probation, or may set
aside the prior action of the department and may direct that
probation be granted to the applicant or licensee and in such
[Title 46 RCW—page 103]
46.20.334
Title 46 RCW: Motor Vehicles
case may fix the terms and conditions of the probation. [1972
ex.s. c 29 § 3; 1965 ex.s. c 121 § 38.]
46.20.334
46.20.334 Appeal to superior court. Any person
denied a license or a renewal of a license or whose license has
been suspended or revoked by the department except where
such suspension or revocation is mandatory under the provisions of this chapter shall have the right within thirty days,
after receiving notice of the decision following a formal hearing to file a notice of appeal in the superior court in the
county of his residence. The hearing on the appeal hereunder
shall be de novo. [1972 ex.s. c 29 § 4; 1965 ex.s. c 121 § 39.]
46.20.335
46.20.335 Probation in lieu of suspension or revocation. Whenever by any provision of this chapter the department has discretionary authority to suspend or revoke the
privilege of a person to operate a motor vehicle, the department may in lieu of a suspension or revocation place the person on probation, the terms of which may include a suspension as a condition of probation, and upon such other reasonable terms and conditions as shall be deemed by the
department to be appropriate. [1965 ex.s. c 121 § 40.]
DRIVING OR USING LICENSE WHILE
SUSPENDED OR REVOKED
46.20.338
46.20.338 Display or possession of invalidated license
or identicard. It is a traffic infraction for any person to display or cause or permit to be displayed or have in his or her
possession any canceled, revoked, or suspended driver's
license or identicard. [1990 c 210 § 4.]
46.20.342
46.20.342 Driving while license invalidated—Penalties—Extension of invalidation. (1) It is unlawful for any
person to drive a motor vehicle in this state while that person
is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other
state. Any person who has a valid Washington driver's
license is not guilty of a violation of this section.
(a) A person found to be an habitual offender under
chapter 46.65 RCW, who violates this section while an order
of revocation issued under chapter 46.65 RCW prohibiting
such operation is in effect, is guilty of driving while license
suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be
punished by imprisonment for not less than ten days. Upon
the second conviction, the person shall be punished by
imprisonment for not less than ninety days. Upon the third or
subsequent conviction, the person shall be punished by
imprisonment for not less than one hundred eighty days. If
the person is also convicted of the offense defined in RCW
46.61.502 or 46.61.504, when both convictions arise from the
same event, the minimum sentence of confinement shall be
not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from
petitioning for reinstatement as provided by RCW 46.65.080.
(b) A person who violates this section while an order of
suspension or revocation prohibiting such operation is in
effect and while the person is not eligible to reinstate his or
[Title 46 RCW—page 104]
her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is
guilty of driving while license suspended or revoked in the
second degree, a gross misdemeanor. This subsection applies
when a person's driver's license or driving privilege has been
suspended or revoked by reason of:
(i) A conviction of a felony in the commission of which
a motor vehicle was used;
(ii) A previous conviction under this section;
(iii) A notice received by the department from a court or
diversion unit as provided by RCW 46.20.265, relating to a
minor who has committed, or who has entered a diversion
unit concerning an offense relating to alcohol, legend drugs,
controlled substances, or imitation controlled substances;
(iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational or a temporary
restricted driver's license;
(v) A conviction of RCW 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;
(vi) A conviction of RCW 46.52.020, relating to duty in
case of injury to or death of a person or damage to an attended
vehicle;
(vii) A conviction of RCW 46.61.024, relating to
attempting to elude pursuing police vehicles;
(viii) A conviction of RCW 46.61.500, relating to reckless driving;
(ix) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or
drugs;
(x) A conviction of RCW 46.61.520, relating to vehicular homicide;
(xi) A conviction of RCW 46.61.522, relating to vehicular assault;
(xii) A conviction of RCW 46.61.527(4), relating to
reckless endangerment of roadway workers;
(xiii) A conviction of RCW 46.61.530, relating to racing
of vehicles on highways;
(xiv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;
(xv) A conviction of RCW 46.61.740, relating to theft of
motor vehicle fuel;
(xvi) A conviction of RCW 46.64.048, relating to
attempting, aiding, abetting, coercing, and committing
crimes;
(xvii) An administrative action taken by the department
under chapter 46.20 RCW; or
(xviii) A conviction of a local law, ordinance, regulation,
or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection.
(c) A person who violates this section when his or her
driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person
must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to
comply with the provisions of chapter 46.29 RCW relating to
uninsured accidents, (iv) the person has failed to respond to a
notice of traffic infraction, failed to appear at a requested
hearing, violated a written promise to appear in court, or has
(2004 Ed.)
Drivers' Licenses—Identicards
failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289, (v) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or
revocation of the person's driver's license, (vi) the person has
been suspended or revoked by reason of one or more of the
items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time
of the violation, or (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a
suspension under RCW 46.20.267 relating to intermediate
drivers' licenses, or any combination of (i) through (vii), is
guilty of driving while license suspended or revoked in the
third degree, a misdemeanor.
(2) Upon receiving a record of conviction of any person
or upon receiving an order by any juvenile court or any duly
authorized court officer of the conviction of any juvenile
under this section, the department shall:
(a) For a conviction of driving while suspended or
revoked in the first degree, as provided by subsection (1)(a)
of this section, extend the period of administrative revocation
imposed under chapter 46.65 RCW for an additional period
of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his
or her driving privilege restored; or
(b) For a conviction of driving while suspended or
revoked in the second degree, as provided by subsection
(1)(b) of this section, not issue a new license or restore the
driving privilege for an additional period of one year from
and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
(c) Not extend the period of suspension or revocation if
the conviction was under subsection (1)(c) of this section. If
the conviction was under subsection (1)(a) or (b) of this section and the court recommends against the extension and the
convicted person has obtained a valid driver's license, the
period of suspension or revocation shall not be extended.
[2004 c 95 § 5; 2001 c 325 § 3; 2000 c 115 § 8; 1999 c 274 §
3; 1993 c 501 § 6; 1992 c 130 § 1; 1991 c 293 § 6. Prior:
1990 c 250 § 47; 1990 c 210 § 5; 1987 c 388 § 1; 1985 c 302
§ 3; 1980 c 148 § 3; prior: 1979 ex.s. c 136 § 62; 1979 ex.s.
c 74 § 1; 1969 c 27 § 2; prior: 1967 ex.s. c 145 § 52; 1967 c
167 § 7; 1965 ex.s. c 121 § 43.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Sunset Act application: See note following RCW 46.20.075.
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—Expiration date—1987 c 388: "Sections 1 through 8
of this act shall take effect on July 1, 1988. The director of licensing shall
take such steps as are necessary to insure that this act is implemented on its
effective date. Sections 2 through 7 of this act shall expire on July 1, 1993."
[1987 c 388 § 13.]
Severability—1987 c 388: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 388 § 16.]
Effective date—1980 c 148: See note following RCW 46.10.090.
(2004 Ed.)
46.20.355
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Impoundment of vehicle: RCW 46.55.113.
46.20.345
46.20.345 Operation under other license or permit
while license suspended or revoked—Penalty. Any resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this title shall not operate a
motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise
during such suspension or after such revocation until a new
license is obtained when and as permitted under this chapter.
A person who violates the provisions of this section is guilty
of a gross misdemeanor. [1990 c 210 § 6; 1985 c 302 § 5;
1967 c 32 § 35; 1961 c 134 § 2. Formerly RCW 46.20.420.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.20.349
46.20.349 Stopping vehicle of suspended or revoked
driver. Any police officer who has received notice of the
suspension or revocation of a driver's license from the department of licensing, may, during the reported period of such
suspension or revocation, stop any motor vehicle identified
by its vehicle license number as being registered to the person
whose driver's license has been suspended or revoked. The
driver of such vehicle shall display his driver's license upon
request of the police officer. [1979 c 158 § 152; 1965 ex.s. c
170 § 47. Formerly RCW 46.20.430.]
46.20.355
46.20.355 Alcohol violator—Probationary license.
(1) Upon receipt of an abstract indicating a deferred prosecution has been granted under RCW 10.05.060, or upon receipt
of a notice of conviction of RCW 46.61.502 or 46.61.504, the
department of licensing shall order the person to surrender
any nonprobationary Washington state driver's license that
may be in his or her possession. The department shall revoke
the license, permit, or privilege to drive of any person who
fails to surrender it as required by this section for one year,
unless the license has been previously surrendered to the
department, a law enforcement officer, or a court, or the person has completed an affidavit of lost, stolen, destroyed, or
previously surrendered license, such revocation to take effect
thirty days after notice is given of the requirement for license
surrender.
(2) The department shall place a person's driving privilege in probationary status as required by RCW 10.05.060 or
46.61.5055 for a period of five years from the date the probationary status is required to go into effect.
(3) Following receipt of an abstract indicating a deferred
prosecution has been granted under RCW 10.05.060, or upon
reinstatement or reissuance of a driver's license suspended or
revoked as the result of a conviction of RCW 46.61.502 or
46.61.504, the department shall require the person to obtain a
probationary license in order to operate a motor vehicle in the
state of Washington, except as otherwise exempt under RCW
46.20.025. The department shall not issue the probationary
license unless the person is otherwise qualified for licensing,
and the person must renew the probationary license on the
same cycle as the person's regular license would have been
[Title 46 RCW—page 105]
46.20.380
Title 46 RCW: Motor Vehicles
renewed until the expiration of the five-year probationary status period imposed under subsection (2) of this section.
(4) For each original issue or renewal of a probationary
license under this section, the department shall charge a fee
of fifty dollars in addition to any other licensing fees
required. Except for when renewing a probationary license,
the department shall waive the requirement to obtain an additional probationary license and the fifty-dollar fee if the person has a probationary license in his or her possession at the
time a new probationary license is required.
(5) A probationary license shall enable the department
and law enforcement personnel to determine that the person
is on probationary status. The fact that a person's driving
privilege is in probationary status or that the person has been
issued a probationary license shall not be a part of the person's record that is available to insurance companies. [1998
c 209 § 3; 1998 c 41 § 5; 1995 1st sp.s. c 17 § 1; 1995 c 332
§ 4; 1994 c 275 § 8.]
Reviser's note: This section was amended by 1998 c 41 § 5 and by
1998 c 209 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1998 c 209: See note following RCW 46.20.308.
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Effective date—1995 1st sp.s. c 17: "This act shall take effect September 1, 1995." [1995 1st sp.s. c 17 § 3.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
OCCUPATIONAL, TEMPORARY
RESTRICTED LICENSES
46.20.380
46.20.380 Fee. No person may file an application for an
occupational or a temporary restricted driver's license as provided in RCW 46.20.391 unless he or she first pays to the
director or other person authorized to accept applications and
fees for driver's licenses a fee of one hundred dollars. The
applicant shall receive upon payment an official receipt for
the payment of such fee. All such fees shall be forwarded to
the director who shall transmit such fees to the state treasurer
in the same manner as other driver's license fees. [2004 c 95
§ 6; 1985 ex.s. c 1 § 6; 1979 c 61 § 12; 1967 c 32 § 31; 1961
c 12 § 46.20.380. Prior: 1957 c 268 § 1.]
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
46.20.391
46.20.391 Application—Eligibility—Restrictions—
Cancellation. (1)(a) Any person licensed under this chapter
who is convicted of an offense relating to motor vehicles for
which suspension or revocation of the driver's license is mandatory, other than vehicular homicide or vehicular assault, or
who has had his or her license suspended, revoked, or denied
under RCW 46.20.3101, may submit to the department an
application for a temporary restricted driver's license. The
department, upon receipt of the prescribed fee and upon
determining that the petitioner is eligible to receive the
license, may issue a temporary restricted driver's license and
may set definite restrictions as provided in RCW 46.20.394.
No person may petition for, and the department shall not
[Title 46 RCW—page 106]
issue, a temporary restricted driver's license that is effective
during the first thirty days of any suspension or revocation
imposed for a violation of RCW 46.61.502 or 46.61.504 or,
for a suspension, revocation, or denial imposed under RCW
46.20.3101, during the required minimum portion of the periods of suspension, revocation, or denial established under (c)
of this subsection.
(b) An applicant under this subsection whose driver's
license is suspended or revoked for an alcohol-related offense
shall provide proof to the satisfaction of the department that a
functioning ignition interlock device has been installed on a
vehicle owned or operated by the person.
(i) The department shall require the person to maintain
such a device on a vehicle owned or operated by the person
and shall restrict the person to operating only vehicles
equipped with such a device, for the remainder of the period
of suspension, revocation, or denial.
(ii) Subject to any periodic renewal requirements established by the department pursuant to this section and subject
to any applicable compliance requirements under this chapter
or other law, a temporary restricted driver's license granted
after a suspension or revocation under RCW 46.61.5055 or
46.20.3101 extends through the remaining portion of any
concurrent or consecutive suspension or revocation that may
be imposed as the result of administrative action and criminal
conviction arising out of the same incident.
(iii) The time period during which the person is licensed
under this section shall apply on a day-for-day basis toward
satisfying the period of time the ignition interlock device
restriction is required under RCW 46.20.720 (1) and (2) (a),
(b), and (c).
(c) The department shall provide by rule the minimum
portions of the periods of suspension, revocation, or denial
set forth in RCW 46.20.3101 after which a person may apply
for a temporary restricted driver's license under this section.
In establishing the minimum portions of the periods of suspension, revocation, or denial, the department shall consider
the requirements of federal law regarding state eligibility for
grants or other funding, and shall establish such periods so as
to ensure that the state will maintain its eligibility, or establish eligibility, to obtain incentive grants or any other federal
funding.
(2)(a) A person licensed under this chapter whose
driver's license is suspended administratively due to failure to
appear or pay a traffic ticket under RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29
RCW; or for multiple violations within a specified period of
time under RCW 46.20.291, may apply to the department for
an occupational driver's license.
(b) If the suspension is for failure to respond, pay, or
comply with a notice of traffic infraction or conviction, the
applicant must enter into a payment plan with the court.
(c) An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the
period of the suspension or revocation.
(3) An applicant for an occupational or temporary
restricted driver's license who qualifies under subsection (1)
or (2) of this section is eligible to receive such license only if:
(a) Within seven years immediately preceding the date of
the offense that gave rise to the present conviction or incident, the applicant has not committed vehicular homicide
(2004 Ed.)
Drivers' Licenses—Identicards
under RCW 46.61.520 or vehicular assault under RCW
46.61.522; and
(b) The applicant demonstrates that it is necessary for
him or her to operate a motor vehicle because he or she:
(i) Is engaged in an occupation or trade that makes it
essential that he or she operate a motor vehicle;
(ii) Is undergoing continuing health care or providing
continuing care to another who is dependent upon the applicant;
(iii) Is enrolled in an educational institution and pursuing
a course of study leading to a diploma, degree, or other certification of successful educational completion;
(iv) Is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as Alcoholics
Anonymous that requires the petitioner to drive to or from the
treatment or meetings;
(v) Is fulfilling court-ordered community service responsibilities;
(vi) Is in a program that assists persons who are enrolled
in a WorkFirst program pursuant to chapter 74.08A RCW to
become gainfully employed and the program requires a
driver's license;
(vii) Is in an apprenticeship, on-the-job training, or welfare-to-work program; or
(viii) Presents evidence that he or she has applied for a
position in an apprenticeship or on-the-job training program
for which a driver's license is required to begin the program,
provided that a license granted under this provision shall be
in effect for no longer than fourteen days; and
(c) The applicant files satisfactory proof of financial
responsibility under chapter 46.29 RCW; and
(d) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no
longer enrolled in an apprenticeship or on-the-job training
program, the director shall give written notice by first class
mail to the driver that the occupational driver's license shall
be canceled. The effective date of cancellation shall be fifteen days from the date of mailing the notice. If at any time
before the cancellation goes into effect the driver submits
evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective,
the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in
this subsection; and
(e) The department shall not issue an occupational
driver's license under (b)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for
the applicant's participation in the programs referenced under
(b)(iv) of this subsection.
(4) A person aggrieved by the decision of the department
on the application for an occupational or temporary restricted
driver's license may request a hearing as provided by rule of
the department.
(5) The director shall cancel an occupational or temporary restricted driver's license upon receipt of notice that the
holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of a separate offense that
under chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the
(2004 Ed.)
46.20.410
same force and effect as any suspension or revocation under
this title. [2004 c 95 § 7. Prior: 1999 c 274 § 4; 1999 c 272
§ 1; prior: 1998 c 209 § 4; 1998 c 207 § 9; 1995 c 332 § 12;
1994 c 275 § 29; 1985 c 407 § 5; 1983 c 165 § 24; 1983 c 165
§ 23; 1983 c 164 § 4; 1979 c 61 § 13; 1973 c 5 § 1.]
Effective date—1999 c 272: "This act takes effect January 1, 2000."
[1999 c 272 § 3.]
Effective date—1998 c 209: See note following RCW 46.20.308.
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective dates—1985 c 407: See note following RCW 46.04.480.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
46.20.394 Detailed restrictions—Violation. In issuing
an occupational or a temporary restricted driver's license
under RCW 46.20.391, the department shall describe the type
of qualifying circumstances for the license and shall set forth
in detail the specific hours of the day during which the person
may drive to and from his or her residence, which may not
exceed twelve hours in any one day; the days of the week during which the license may be used; and the general routes
over which the person may travel. In issuing an occupational
or temporary restricted driver's license that meets the qualifying circumstance under RCW 46.20.391(3)(b)(iv), the
department shall set forth in detail the specific hours during
which the person may drive to and from substance abuse
treatment or meetings of a twelve-step group such as alcoholics anonymous, the days of the week during which the license
may be used, and the general routes over which the person
may travel. These restrictions shall be prepared in written
form by the department, which document shall be carried in
the vehicle at all times and presented to a law enforcement
officer under the same terms as the occupational or temporary
restricted driver's license. Any violation of the restrictions
constitutes a violation of RCW 46.20.342 and subjects the
person to all procedures and penalties therefor. [2004 c 95 §
8; 1999 c 272 § 2; 1983 c 165 § 26.]
46.20.394
Effective date—1999 c 272: See note following RCW 46.20.391.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
46.20.400
46.20.400 Obtaining new driver's license—Surrender of order and current license. If an occupational or a
temporary restricted driver's license is issued and is not
revoked during the period for which issued the licensee may
obtain a new driver's license at the end of such period, but no
new driver's license may be issued to such person until he or
she surrenders his or her occupational or temporary restricted
driver's license and his or her copy of the order, and the director is satisfied that the person complies with all other provisions of law relative to the issuance of a driver's license.
[2004 c 95 § 9; 1967 c 32 § 33; 1961 c 12 § 46.20.400. Prior:
1957 c 268 § 3.]
46.20.410
46.20.410 Penalty. Any person convicted for violation
of any restriction of an occupational or a temporary restricted
driver's license shall in addition to the immediate revocation
[Title 46 RCW—page 107]
46.20.500
Title 46 RCW: Motor Vehicles
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
endorsement is renewed or extended. The initial and renewal
endorsement fees shall be deposited in the motorcycle safety
education account of the highway safety fund. [2003 c 41 §
2; 2002 c 352 § 16; 2001 c 104 § 1. Prior: 1999 c 308 § 5;
1999 c 274 § 9; 1993 c 115 § 1; 1989 c 203 § 2; 1988 c 227 §
5; 1987 c 454 § 2; 1985 ex.s. c 1 § 8; 1982 c 77 § 2; 1979 c
158 § 153; 1967 ex.s. c 145 § 50.]
MOTORCYCLES
Short title—Effective date—2003 c 41: See notes following RCW
46.20.500.
of such license and any other penalties provided by law be
fined not less than fifty nor more than two hundred dollars or
imprisoned for not more than six months or both such fine
and imprisonment. [2004 c 95 § 10; 1967 c 32 § 34; 1961 c
12 § 46.20.410. Prior: 1957 c 268 § 4.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
46.20.500
46.20.500 Special endorsement—Exceptions. (1) No
person may drive either a two-wheeled or a three-wheeled
motorcycle, or a motor-driven cycle unless such person has a
valid driver's license specially endorsed by the director to
enable the holder to drive such vehicles.
(2) However, a person sixteen years of age or older,
holding a valid driver's license of any class issued by the state
of the person's residence, may operate a moped without taking any special examination for the operation of a moped.
(3) No driver's license is required for operation of an
electric-assisted bicycle if the operator is at least sixteen
years of age. Persons under sixteen years of age may not
operate an electric-assisted bicycle.
(4) No driver's license is required to operate an electric
personal assistive mobility device or a power wheelchair.
(5) No driver's license is required to operate a motorized
foot scooter. Motorized foot scooters may not be operated at
any time from a half hour after sunset to a half hour before
sunrise without reflectors of a type approved by the state
patrol. [2003 c 353 § 9; 2003 c 141 § 7; 2003 c 41 § 1; 2002
c 247 § 6; 1999 c 274 § 8; 1997 c 328 § 3; 1982 c 77 § 1; 1979
ex.s. c 213 § 6; 1967 c 232 § 1.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Reviser's note: This section was amended by 2003 c 41 § 1, 2003 c 141
§ 7, and by 2003 c 353 § 9, each without reference to the other. All amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 353: See note following RCW 46.04.320.
Short title—2003 c 41: "This act shall be known as the Monty Lish
Memorial Act." [2003 c 41 § 6.]
Effective date—2003 c 41: "This act takes effect January 1, 2004."
[2003 c 41 § 7.]
Legislative review—2002 c 247: See note following RCW 46.04.1695.
Severability—1982 c 77: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1982 c 77 § 10.]
Mopeds
operation and safety standards: RCW 46.61.710, 46.61.720.
registration: RCW 46.16.630.
46.20.505
46.20.505 Endorsement fees, amount and distribution. Every person applying for a special endorsement of a
driver's license authorizing such person to drive a two or
three-wheeled motorcycle or a motor-driven cycle shall pay a
fee of five dollars, which is not refundable. In addition, the
endorsement fee for the initial motorcycle endorsement shall
not exceed ten dollars, and the subsequent renewal endorsement fee shall not exceed twenty-five dollars, unless the
endorsement is renewed or extended for a period other than
five years, in which case the subsequent renewal endorsement fee shall not exceed five dollars for each year that the
[Title 46 RCW—page 108]
Effective date—1999 c 308: See note following RCW 46.20.120.
Severability—1988 c 227: See RCW 46.81A.900.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Severability—1982 c 77: See note following RCW 46.20.500.
Severability—1967 ex.s. c 145: See RCW 47.98.043.
Motorcycle safety education account: RCW 46.68.065.
46.20.510
46.20.510 Instruction permit—Fee. (1) Motorcycle
instruction permit. A person holding a valid driver's license
who wishes to learn to ride a motorcycle may apply for a
motorcycle instruction permit. The department may issue a
motorcycle instruction permit after the applicant has successfully passed all parts of the motorcycle examination other
than the driving test. The director shall collect a fee of fifteen
dollars for the motorcycle instruction permit or renewal, and
deposit the fee in the motorcycle safety education account of
the highway safety fund.
(2) Effect of motorcycle instruction permit. A person
holding a motorcycle instruction permit may drive a motorcycle upon the public highways if the person has immediate
possession of the permit and a valid driver's license. An individual with a motorcyclist's instruction permit may not carry
passengers and may not operate a motorcycle during the
hours of darkness.
(3) Term of motorcycle instruction permit. A motorcycle instruction permit is valid for ninety days from the date
of issue.
(a) The department may issue one additional ninety-day
permit.
(b) The department may issue a third motorcycle instruction permit if it finds after an investigation that the permittee
is diligently seeking to improve driving proficiency. [2002 c
352 § 17; 1999 c 274 § 10; 1999 c 6 § 25; 1989 c 337 § 9;
1985 ex.s. c 1 § 9; 1985 c 234 § 3; 1982 c 77 § 3.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Intent—1999 c 6: See note following RCW 46.04.168.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Severability—1982 c 77: See note following RCW 46.20.500.
46.20.515
46.20.515 Examination—Emphasis—Waiver. The
motorcycle endorsement examination must emphasize
maneuvers necessary for on-street operation, including emergency braking and turning as may be required to avoid an
impending collision. The examination for a two-wheeled
motorcycle endorsement and the examination for a threewheeled motorcycle endorsement must be separate and distinct examinations emphasizing the skills and maneuvers
necessary to operate each type of motorcycle. The department may waive all or part of the examination for persons
who satisfactorily complete the voluntary motorcycle opera(2004 Ed.)
Drivers' Licenses—Identicards
tor training and education program authorized under RCW
46.20.520 or who satisfactorily complete a private motorcycle skills education course that has been certified by the
department under RCW 46.81A.020. [2003 c 41 § 3; 2002 c
197 § 1; 2001 c 104 § 2; 1999 c 274 § 11; 1982 c 77 § 4.]
Short title—Effective date—2003 c 41: See notes following RCW
46.20.500.
Severability—1982 c 77: See note following RCW 46.20.500.
46.20.520
46.20.520 Training and education program—Advisory board. (1) The director of licensing shall use moneys
designated for the motorcycle safety education account of the
highway safety fund to implement by July 1, 1983, a voluntary motorcycle operator training and education program.
The director may contract with public and private entities to
implement this program.
(2) There is created a motorcycle safety education advisory board to assist the director of licensing in the development of a motorcycle operator training education program.
The board shall monitor this program following implementation and report to the director of licensing as necessary with
recommendations including, but not limited to, administration, application, and substance of the motorcycle operator
training and education program.
The board shall consist of five members appointed by the
director of licensing. Three members of the board, one of
whom shall be appointed chairperson, shall be active motorcycle riders or members of nonprofit motorcycle organizations which actively support and promote motorcycle safety
education. One member shall be a currently employed Washington state patrol motorcycle officer with at least five years
experience and at least one year cumulative experience as a
motorcycle officer. One member shall be a member of the
public. The term of appointment shall be two years. The
board shall meet at the call of the director, but not less than
two times annually and not less than five times during its
term of appointment, and shall receive no compensation for
services but shall be reimbursed for travel expenses while
engaged in business of the board in accordance with RCW
43.03.050 and 43.03.060 as now existing or hereafter
amended.
(3) The priorities of the program shall be in the following
order of priority:
(a) Public awareness of motorcycle safety.
(b) Motorcycle safety education programs conducted by
public and private entities.
(c) Classroom and on-cycle training.
(d) Improved motorcycle operator testing. [1998 c 245 §
89; 1987 c 454 § 3; 1982 c 77 § 5.]
Severability—1982 c 77: See note following RCW 46.20.500.
ALCOHOL DETECTION DEVICES
46.20.710
46.20.710 Legislative finding. The legislature finds
and declares:
(1) There is a need to reduce the incidence of drivers on
the highways and roads of this state who, because of their
use, consumption, or possession of alcohol, pose a danger to
the health and safety of other drivers;
(2004 Ed.)
46.20.720
(2) One method of dealing with the problem of drinking
drivers is to discourage the use of motor vehicles by persons
who possess or have consumed alcoholic beverages;
(3) The installation of an ignition interlock breath alcohol device or other biological or technical device will provide
a means of deterring the use of motor vehicles by persons
who have consumed alcoholic beverages;
(4) Ignition interlock and other biological and technical
devices are designed to supplement other methods of punishment that prevent drivers from using a motor vehicle after
using, possessing, or consuming alcohol;
(5) It is economically and technically feasible to have an
ignition interlock or other biological or technical device
installed in a motor vehicle in such a manner that the vehicle
will not start if the operator has recently consumed alcohol.
[1994 c 275 § 21; 1987 c 247 § 1.]
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.20.720 Drivers convicted of alcohol offenses. (1)
The court may order that after a period of suspension, revocation, or denial of driving privileges, and for up to as long as
the court has jurisdiction, any person convicted of any
offense involving the use, consumption, or possession of
alcohol while operating a motor vehicle may drive only a
motor vehicle equipped with a functioning ignition interlock.
The court shall establish a specific calibration setting at
which the interlock will prevent the vehicle from being
started. The court shall also establish the period of time for
which interlock use will be required.
(2) The department shall require that, after any applicable period of suspension, revocation, or denial of driving
privileges, a person may drive only a motor vehicle equipped
with a functioning ignition interlock device if the person is
convicted of an alcohol-related violation of RCW 46.61.502
or 46.61.504 or an equivalent local ordinance.
The department may waive the requirement for the use
of such a device if it concludes that such devices are not reasonably available in the local area. The device is not necessary on vehicles owned by a person's employer and driven as
a requirement of employment during working hours.
The ignition interlock device shall be calibrated to prevent the motor vehicle from being started when the breath
sample provided has an alcohol concentration of 0.025 or
more. The period of time of the restriction will be as follows:
(a) For a person who has not previously been restricted
under this section, a period of one year;
(b) For a person who has previously been restricted
under (a) of this subsection, a period of five years;
(c) For a person who has previously been restricted
under (b) of this subsection, a period of ten years. [2004 c 95
§ 11; 2003 c 366 § 1; 2001 c 247 § 1; 1999 c 331 § 3; 1998 c
210 § 2; 1997 c 229 § 8; 1994 c 275 § 22; 1987 c 247 § 2.]
46.20.720
Effective date—1999 c 331: See note following RCW 9.94A.525.
Short title—1998 c 210: "This act may be known and cited as the Mary
Johnsen Act." [1998 c 210 § 1.]
Finding—Intent—1998 c 210: "The legislature finds that driving is a
privilege and that the state may restrict that privilege in the interests of public
safety. One such reasonable restriction is requiring certain individuals, if
they choose to drive, to drive only vehicles equipped with ignition interlock
devices. The legislature further finds that the costs of these devices are minimal and are affordable. It is the intent of the legislature that these devices
[Title 46 RCW—page 109]
46.20.740
Title 46 RCW: Motor Vehicles
be paid for by the drivers using them and that neither the state nor entities of
local government provide any public funding for this purpose." [1998 c 210
§ 7.]
Effective date—1998 c 210: "This act takes effect January 1, 1999."
[1998 c 210 § 9.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.20.740
46.20.740 Notation on driving record—Verification
of interlock—Penalty. (1) The department shall attach or
imprint a notation on the driving record of any person
restricted under RCW 46.20.720 stating that the person may
operate only a motor vehicle equipped with a functioning
ignition interlock device. The department shall determine the
person's eligibility for licensing based upon written verification by a company doing business in the state that it has
installed the required device on a vehicle owned or operated
by the person seeking reinstatement. If, based upon notification from the interlock provider or otherwise, the department
determines that an ignition interlock required under this section is no longer installed or functioning as required, the
department shall suspend the person's license or privilege to
drive. Whenever the license or driving privilege of any person is suspended or revoked as a result of noncompliance
with an ignition interlock requirement, the suspension shall
remain in effect until the person provides notice issued by a
company doing business in the state that a vehicle owned or
operated by the person is equipped with a functioning ignition interlock device.
(2) It is a misdemeanor for a person with such a notation
on his or her driving record to operate a motor vehicle that is
not so equipped. [2004 c 95 § 12; 2001 c 55 § 1; 1997 c 229
§ 10; 1994 c 275 § 24; 1987 c 247 § 4.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.20.750
46.20.750 Assisting another in starting or operating—Penalty. A person who knowingly assists another person who is restricted to the use of an ignition interlock or
other biological or technical device to start and operate that
vehicle in violation of a court order is guilty of a gross misdemeanor.
The provisions of this section do not apply if the starting
of a motor vehicle, or the request to start a motor vehicle,
equipped with an ignition interlock or other biological or
technical device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject
to the court order does not operate the vehicle. [1994 c 275 §
25; 1987 c 247 § 5.]
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
MISCELLANEOUS
46.20.900
46.20.900 Repeal and saving. Section 46.20.010,
chapter 12, Laws of 1961 and RCW 46.20.010, section
46.20.020, chapter 12, Laws of 1961 as amended by section
1, chapter 134, Laws of 1961 and RCW 46.20.020, section
46.20.030, chapter 12, Laws of 1961 as amended by section
[Title 46 RCW—page 110]
12, chapter 39, Laws of 1963 and RCW 46.20.030, section
46.20.060, chapter 12, Laws of 1961 and RCW 46.20.060,
sections 46.20.080 through 46.20.090, chapter 12, Laws of
1961 and RCW 46.20.080 through 46.20.090, section
46.20.110, chapter 12, Laws of 1961 as last amended by section 10, chapter 39, Laws of 1963 and RCW 46.20.110, sections 46.20.140 through 46.20.180, chapter 12, Laws of 1961
and RCW 46.20.140 through 46.20.180, section 46.20.210,
chapter 12, Laws of 1961 and RCW 46.20.210, sections
46.20.230 through 46.20.250, chapter 12, Laws of 1961 and
RCW 46.20.230 through 46.20.250, section 46.20.280, chapter 12, Laws of 1961 and RCW 46.20.280, section 46.20.290,
chapter 12, Laws of 1961 and RCW 46.20.290, section
46.20.310, chapter 12, Laws of 1961 and RCW 46.20.310,
and section 46.20.330, chapter 12, Laws of 1961 and RCW
46.20.330; section 46.20.350, chapter 12, Laws of 1961 and
RCW 46.20.350; section 46.20.360, chapter 12, Laws of
1961 and RCW 46.20.360 are each hereby repealed. Such
repeals shall not be construed as affecting any existing right
acquired under the statutes repealed, nor as affecting any proceedings instituted thereunder, nor any rule, regulation or
order promulgated thereunder, nor any administrative action
taken thereunder. [1965 ex.s. c 121 § 46.]
46.20.910
46.20.910 Severability—1965 ex.s. c 121. If any provision of this 1965 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of this
1965 amendatory act, or the application of the provision to
other persons or circumstances is not affected. [1965 ex.s. c
121 § 47.]
46.20.911
46.20.911 Severability, implied consent law—1969 c
1. If any provision of RCW 46.20.308, 46.20.311, and
46.61.506 or its application to any person or circumstance is
held invalid, the remainder of RCW 46.20.308, 46.20.311,
and 46.61.506, or the application of the provision to other
persons or circumstances is not affected. [1990 c 250 § 49;
1969 c 1 § 6 (Initiative Measure No. 242, approved November 5, 1968).]
Severability—1990 c 250: See note following RCW 46.16.301.
Chapter 46.21
Chapter 46.21 RCW
DRIVER LICENSE COMPACT
Sections
46.21.010
46.21.020
46.21.030
46.21.040
Compact enacted—Provisions.
"Licensing authority" defined—Duty to furnish information.
Expenses of compact administrator.
"Executive head" defined.
46.21.010
46.21.010 Compact enacted—Provisions. The driver
license compact prepared pursuant to resolutions of the western governors' conference and the western interstate committee on highway policy problems of the council of state governments is hereby entered into and enacted into law, the
terms and provisions of which shall be as follows:
DRIVER LICENSE COMPACT
ARTICLE I—Findings and Declaration of Policy
(a) The party states find that:
(2004 Ed.)
Driver License Compact
(1) The safety of their streets and highways is materially
affected by the degree of compliance with state laws and
local ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that
the violator engages in conduct which is likely to endanger
the safety of persons and property.
(3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to
the operation of motor vehicles, in whichever jurisdiction the
vehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances, and
administrative rules and regulations relating to the operation
of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.
(2) Make the reciprocal recognition of licenses to drive
and eligibility therefor more just and equitable by considering the over-all compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license
by reason of which the licensee is authorized or permitted to
operate a motor vehicle in any of the party states.
ARTICLE II—Definitions
As used in this compact:
(a) "State" means a state, territory or possession of the
United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(b) "Home state" means the state which has issued and
has the power to suspend or revoke the use of the license or
permit to operate a motor vehicle.
(c) "Conviction" means a conviction of any offense
related to the use or operation of a motor vehicle which is
prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other
security deposited to secure appearance by a person charged
with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing
authority.
ARTICLE III—Reports of Conviction
The licensing authority of a party state shall report each
conviction of a person from another party state occurring
within its jurisdiction to the licensing authority of the home
state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of
the statute, code or ordinance violated; identify the court in
which action was taken; indicate whether a plea of guilty or
not guilty was entered, or the conviction was a result of the
forfeiture of bail, bond or other security; and shall include
any special findings made in connection therewith.
46.21.010
(2) Driving a motor vehicle while under the influence of
intoxicating liquor or a narcotic drug, or under the influence
of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;
(3) Any felony in the commission of which a motor vehicle is used;
(4) Failure to stop and render aid in the event of a motor
vehicle accident resulting in the death or personal injury of
another.
(b) If the laws of a party state do not provide for offenses
or violations denominated or described in precisely the words
employed in subdivision (a) of this Article, such party state
shall construe the denominations and descriptions appearing
in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar
nature and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and
effect is given to this Article.
ARTICLE V—Applications for New Licenses
Upon application for a license to drive, the licensing
authority in a party state shall ascertain whether the applicant
has ever held, or is the holder of a license to drive issued by
any other party state. The licensing authority in the state
where application is made shall not issue a license to drive to
the applicant if:
(1) The applicant has held such a license, but the same
has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.
(2) The applicant has held such a license, but the same
has been revoked by reason, in whole or in part, of a violation
and if such revocation has not terminated, except that after
the expiration of one year from the date the license was
revoked, such person may make application for a new license
if permitted by law. The licensing authority may refuse to
issue a license to any such applicant if, after investigation, the
licensing authority determines that it will not be safe to grant
to such person the privilege of driving a motor vehicle on the
public highways.
(3) The applicant is the holder of a license to drive issued
by another party state and currently in force unless the applicant surrenders such license.
ARTICLE VI—Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the
right of any party state to apply any of its other laws relating
to licenses to drive to any person or circumstance, nor to
invalidate or prevent any driver license agreement or other
cooperative arrangement between a party state and a nonparty state.
ARTICLE IV—Effect of Conviction
(a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to
operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it
would if such conduct had occurred in the home state, in the
case of convictions for:
(1) Vehicular homicide;
(2004 Ed.)
ARTICLE VII—Compact Administrator and
Interchange of Information
(a) The head of the licensing authority of each party state
shall be the administrator of this compact for his state. The
administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of
information under this compact.
[Title 46 RCW—page 111]
46.21.020
Title 46 RCW: Motor Vehicles
(b) The administrator of each party state shall furnish to
the administrator of each other party state any information or
documents reasonably necessary to facilitate the administration of this compact.
ARTICLE VIII—Entry into Force and Withdrawal
(a) This compact shall enter into force and become effective as to any state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal
shall take effect until six months after the executive head of
the withdrawing state has given notice of the withdrawal to
the executive heads of all other party states. No withdrawal
shall affect the validity or applicability by the licensing
authorities of states remaining party to the compact of any
report of conviction occurring prior to the withdrawal.
ARTICLE IX—Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact
shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby.
If this compact shall be held contrary to the constitution of
any state party thereto, the compact shall remain in full force
and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
[1983 c 164 § 5; 1963 c 120 § 1.]
46.21.020
46.21.020 "Licensing authority" defined—Duty to
furnish information. As used in the compact, the term
"licensing authority" with reference to this state, shall mean
the department of licensing. Said department shall furnish to
the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the
administration of Articles III, IV, and V of the compact.
[1979 c 158 § 154; 1967 c 32 § 36; 1963 c 120 § 2.]
46.21.030
46.21.030 Expenses of compact administrator. The
compact administrator provided for in Article VII of the compact shall not be entitled to any additional compensation on
account of his service as such administrator, but shall be entitled to expenses incurred in connection with his duties and
responsibilities as such administrator, in the same manner as
for expenses incurred in connection with any other duties or
responsibilities of his office or employment. [1963 c 120 §
3.]
46.21.040
46.21.040 "Executive head" defined. As used in the
compact, with reference to this state, the term "executive
head" shall mean governor. [1963 c 120 § 4.]
[Title 46 RCW—page 112]
Chapter 46.23
Chapter 46.23 RCW
NONRESIDENT VIOLATOR COMPACT
Sections
46.23.010
46.23.020
46.23.040
46.23.050
Compact established—Provisions.
Reciprocal agreements authorized—Provisions.
Review of agreement by legislative transportation committee.
Rules.
46.23.010
46.23.010 Compact established—Provisions. The
nonresident violator compact, hereinafter called "the compact," is hereby established in the form substantially as follows, and the Washington state department of licensing is
authorized to enter into such compact with all other jurisdictions legally joining therein:
NONRESIDENT VIOLATOR COMPACT
Article I — Findings, Declaration of Policy,
and Purpose
(a) The party jurisdictions find that:
(1) In most instances, a motorist who is cited for a traffic
violation in a jurisdiction other than his home jurisdiction:
Must post collateral or bond to secure appearance for trial at
a later date; or if unable to post collateral or bond, is taken
into custody until the collateral or bond is posted; or is taken
directly to court for his trial to be held.
(2) In some instances, the motorist's driver's license may
be deposited as collateral to be returned after he has complied
with the terms of the citation.
(3) The purpose of the practices described in paragraphs
(1) and (2) above is to ensure compliance with the terms of a
traffic citation by the motorist who, if permitted to continue
on his way after receiving the traffic citation, could return to
him [his] home jurisdiction and disregard his duty under the
terms of the traffic citation.
(4) A motorist receiving a traffic citation in his home
jurisdiction is permitted, except for certain violations, to
accept the citation from the officer at the scene of the violation and to immediately continue on his way after promising
or being instructed to comply with the terms of the citation.
(5) The practice described in paragraph (1) above, causes
unnecessary inconvenience and, at times, a hardship for the
motorist who is unable at the time to post collateral, furnish a
bond, stand trial, or pay the fine, and thus is compelled to
remain in custody until some arrangement can be made.
(6) The deposit of a driver's license as a bail bond, as
described in paragraph (2) above, is viewed with disfavor.
(7) The practices described herein consume an undue
amount of law enforcement time.
(b) It is the policy of the party jurisdictions to:
(1) Seek compliance with the laws, ordinances, and
administrative rules and regulations relating to the operation
of motor vehicles in each of the jurisdictions.
(2) Allow motorists to accept a traffic citation for certain
violations and proceed on their way without delay whether or
not the motorist is a resident of the jurisdiction in which the
citation was issued.
(3) Extend cooperation to its fullest extent among the
jurisdictions for obtaining compliance with the terms of a
traffic citation issued in one jurisdiction to a resident of
another jurisdiction.
(2004 Ed.)
Nonresident Violator Compact
(4) Maximize effective utilization of law enforcement
personnel and assist court systems in the efficient disposition
of traffic violations.
(c) The purpose of this compact is to:
(1) Provide a means through which the party jurisdictions may participate in a reciprocal program to effectuate the
policies enumerated in paragraph (b) above in a uniform and
orderly manner.
(2) Provide for the fair and impartial treatment of traffic
violators operating within party jurisdictions in recognition
of the motorist's right of due process and the sovereign status
of a party jurisdiction.
Article II — Definitions
As used in the compact, the following words have the
meaning indicated, unless the context requires otherwise.
(1) "Citation" means any summons, ticket, notice of
infraction, or other official document issued by a police
officer for a traffic offense containing an order which
requires the motorist to respond.
(2) "Collateral" means any cash or other security deposited to secure an appearance for trial, following the issuance
by a police officer of a citation for a traffic offense.
(3) "Court" means a court of law or traffic tribunal.
(4) "Driver's license" means any license or privilege to
operate a motor vehicle issued under the laws of the home
jurisdiction.
(5) "Home jurisdiction" means the jurisdiction that
issued the driver's license of the traffic violator.
(6) "Issuing jurisdiction" means the jurisdiction in which
the traffic citation was issued to the motorist.
(7) "Jurisdiction" means a state, territory, or possession
of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(8) "Motorist" means a driver of a motor vehicle operating in a party jurisdiction other than the home jurisdiction.
(9) "Personal recognizance" means an agreement by a
motorist made at the time of issuance of the traffic citation
that he will comply with the terms of that traffic citation.
(10) "Police officer" means any individual authorized by
the party jurisdiction to issue a citation for a traffic offense.
(11) "Terms of the citation" means those options
expressly stated upon the citation.
46.23.010
jurisdiction and insofar as practical shall contain information
as specified in the compact manual as minimum requirements
for effective processing by the home jurisdiction.
(d) Upon receipt of the report, the licensing authority of
the issuing jurisdiction shall transmit to the licensing authority in the home jurisdiction of the motorist the information in
a form and content substantially conforming to the compact
manual.
(e) The licensing authority of the issuing jurisdiction
may not suspend the privilege of a motorist for whom a report
has been transmitted.
(f) The licensing authority of the issuing jurisdiction
shall not transmit a report on any violation if the date of transmission is more than six months after the date on which the
traffic citation was issued.
(g) The licensing authority of the issuing jurisdiction
shall not transmit a report on any violation where the date of
issuance of the citation predates the most recent of the effective dates of entry for the two jurisdictions affected.
Article IV — Procedure for Home Jurisdiction
(a) Upon receipt of a report of a failure to comply from
the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify the motorist and initiate a suspension action, in accordance with the
home jurisdiction's procedures, to suspend the motorist's
driver's license until satisfactory evidence of compliance
with the terms of the traffic citation has been furnished to the
home jurisdiction licensing authority. Due process safeguards will be accorded.
(b) The licensing authority of the home jurisdiction shall
maintain a record of actions taken and make reports to issuing
jurisdictions as provided in the compact manual.
Article V — Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the
right of any party jurisdiction to apply any of its other laws
relating to licenses to drive to any person or circumstance, or
to invalidate or prevent any driver license agreement or other
cooperative arrangement between a party jurisdiction and a
nonparty jurisdiction.
Article III — Procedure for Issuing Jurisdiction
Article VI — Compact Administrator Procedures
(a) When issuing a citation for a traffic violation or
infraction, a police officer shall issue the citation to a motorist who possesses a driver's license issued by a party jurisdiction and shall not, subject to the exceptions noted in paragraph (b) of this article, require the motorist to post collateral
to secure appearance, if the officer receives the motorist's
personal recognizance that he or she will comply with the
terms of the citation.
(b) Personal recognizance is acceptable only if not prohibited by law. If mandatory appearance is required, it must
take place immediately following issuance of the citation.
(c) Upon failure of a motorist to comply with the terms
of a traffic citation, the appropriate official shall report the
failure to comply to the licensing authority of the jurisdiction
in which the traffic citation was issued. The report shall be
made in accordance with procedures specified by the issuing
(a) For the purpose of administering the provisions of
this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a
board of compact administrators is established. The board
shall be composed of one representative from each party
jurisdiction to be known as the compact administrator. The
compact administrator shall be appointed by the jurisdiction
executive and will serve and be subject to removal in accordance with the laws of the jurisdiction he represents. A compact administrator may provide for the discharge of his duties
and the performance of his functions as a board member by
an alternate. An alternate may not be entitled to serve unless
written notification of his identity has been given to the
board.
(b) Each member of the board of compact administrators
shall be entitled to one vote. No action of the board shall be
(2004 Ed.)
[Title 46 RCW—page 113]
46.23.020
Title 46 RCW: Motor Vehicles
binding unless taken at a meeting at which a majority of the
total number of votes on the board are cast in favor. Action by
the board shall be only at a meeting at which a majority of the
party jurisdictions are represented.
(c) The board shall elect annually, from its membership,
a chairman and a vice chairman.
(d) The board shall adopt bylaws, not inconsistent with
the provisions of this compact or the laws of a party jurisdiction, for the conduct of its business and shall have the power
to amend and rescind its bylaws.
(e) The board may accept for any of its purposes and
functions under this compact any and all donations, and
grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any jurisdiction, the
United States, or any other governmental agency, and may
receive, utilize, and dispose of the same.
(f) The board may contract with, or accept services or
personnel from, any governmental or intergovernmental
agency, person, firm, or corporation, or any private nonprofit
organization or institution.
(g) The board shall formulate all necessary procedures
and develop uniform forms and documents for administering
the provisions of this compact. All procedures and forms
adopted pursuant to board action shall be contained in the
compact manual.
Article VII — Entry into Compact and Withdrawal
(a) This compact shall become effective when it has been
adopted by at least two jurisdictions.
(b) Entry into the compact shall be made by a resolution
of ratification executed by the department of licensing and
submitted to the chairman of the board. The resolution shall
be in a form and content as provided in the compact manual
and shall include statements that in substance are as follows:
(1) A citation of the authority by which the jurisdiction is
empowered to become a party to this compact.
(2) Agreement to comply with the terms and provisions
of the compact.
(3) That compact entry is with all jurisdictions then party
to the compact and with any jurisdiction that legally becomes
a party to the compact.
(c) The effective date of entry shall be specified by the
applying jurisdiction, but it shall not be less than sixty days
after notice has been given by the chairman of the board of
compact administrators or by the secretariat of the board to
each party jurisdiction that the resolution from the applying
jurisdiction has been received.
(d) A party jurisdiction may withdraw from this compact
by official written notice to the other party jurisdictions, but a
withdrawal shall not take effect until ninety days after notice
of withdrawal is given. The notice shall be directed to the
compact administrator of each member jurisdiction. No withdrawal shall affect the validity of this compact as to the
remaining party jurisdictions.
Article VIII — Exceptions
The provisions of this compact shall not apply to parking
or standing violations, highway weight limit violations, and
violations of law governing the transportation of hazardous
materials.
[Title 46 RCW—page 114]
Article IX — Amendments to the Compact
(a) This compact may be amended from time to time.
Amendments shall be presented in resolution form to the
chairman of the board of compact administrators and may be
initiated by one or more party jurisdictions.
(b) Adoption of an amendment shall require endorsement of all party jurisdictions and shall become effective
thirty days after the date of the last endorsement.
(c) Failure of a party jurisdiction to respond to the compact chairman within one hundred twenty days after receipt
of the proposed amendment shall constitute endorsement.
Article X — Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence, or
provision of this compact is declared to be contrary to the
constitution of any party jurisdiction or of the United States
or the applicability thereof to any government, agency, person, or circumstance, the compact shall not be affected
thereby. If this compact shall be held contrary to the constitution of any jurisdiction party thereto, the compact shall
remain in full force and effect as to the remaining jurisdictions and in full force and effect as to the jurisdiction affected
as to all severable matters.
Article XI — Title
This compact shall be known as the nonresident violator
compact. [1982 c 212 § 1.]
46.23.020
46.23.020 Reciprocal agreements authorized—Provisions. (1) The Washington state department of licensing is
authorized and encouraged to execute a reciprocal agreement
with the Canadian province of British Columbia, and with
any other state which is not a member of the nonresident violator compact, concerning the rendering of mutual assistance
in the disposition of traffic infractions committed by persons
licensed in one state or province while in the jurisdiction of
the other.
(2) Such agreements shall provide that if a person
licensed by either state or province is issued a citation by the
other state or province for a moving traffic violation covered
by the agreement, he shall not be detained or required to furnish bail or collateral, and that if he fails to comply with the
terms of the citation, his license shall be suspended or
renewal refused by the state or province that issued the
license until the home jurisdiction is notified by the issuing
jurisdiction that he has complied with the terms of the citation.
(3) Such agreement shall also provide such terms and
procedures as are necessary and proper to facilitate its administration. [1982 c 212 § 2.]
46.23.040
46.23.040 Review of agreement by legislative transportation committee. Before any agreement made pursuant
to RCW 46.23.010 or 46.23.020 may be formally executed
and become effective, it shall first be submitted for review by
the legislative transportation committee. [1982 c 212 § 4.]
(2004 Ed.)
Uniform Commercial Driver’s License Act
46.23.050
46.23.050 Rules. The department shall adopt rules for
the administration and enforcement of RCW 46.23.010 and
46.23.020 in accordance with chapter 34.05 RCW. [1982 c
212 § 6.]
Chapter 46.25 RCW
UNIFORM COMMERCIAL DRIVER'S LICENSE ACT
Chapter 46.25
Sections
46.25.001
46.25.005
46.25.010
46.25.020
46.25.030
46.25.040
46.25.050
46.25.055
46.25.057
46.25.060
46.25.070
46.25.080
46.25.085
46.25.090
46.25.100
46.25.110
46.25.120
46.25.123
46.25.125
46.25.130
46.25.140
46.25.150
46.25.160
46.25.170
46.25.900
46.25.901
Short title.
Purpose—Construction.
Definitions.
One license limit.
Duties of driver—Notice to department and employer.
Duties of employer.
Commercial driver's license required—Exceptions, restrictions.
Medical examiner's certificate—Required.
Medical examiner's certificate—Failure to carry—Penalty.
Knowledge and skills test—Instruction permit.
Application—Change of address—Residency—Hazardous
materials endorsement.
License contents, classifications, endorsements, restrictions,
expiration—Exchange of information.
Hazardous materials endorsement.
Disqualification—Grounds for, period of—Records, notice.
Restoration after disqualification.
Driving with alcohol in system.
Test for alcohol or drugs—Disqualification for refusal of test
or positive test.
Mandatory reporting of positive test.
Disqualification for positive test—Procedure.
Report of violation by nonresident.
Rules.
Agreements to carry out chapter.
Licenses issued by other jurisdictions.
Civil and criminal penalties.
Severability—1989 c 178.
Effective dates—1989 c 178.
46.25.001
46.25.001 Short title. This chapter may be cited as the
Uniform Commercial Driver's License Act. [1989 c 178 § 1.]
46.25.005
46.25.005 Purpose—Construction. (1) The purpose of
this chapter is to implement the federal Commercial Motor
Vehicle Safety Act of 1986 (CMVSA), Title XII, P.L. 99570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:
(a) Permitting commercial drivers to hold only one
license;
(b) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified
offenses;
(c) Strengthening licensing and testing standards.
(2) This chapter is a remedial law and shall be liberally
construed to promote the public health, safety, and welfare.
To the extent that this chapter conflicts with general driver
licensing provisions, this chapter prevails. Where this chapter
is silent, the general driver licensing provisions apply. [1989
c 178 § 2.]
46.25.010
46.25.010 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Alcohol" means any substance containing any form
of alcohol, including but not limited to ethanol, methanol,
propanol, and isopropanol.
(2) "Alcohol concentration" means:
(2004 Ed.)
46.25.010
(a) The number of grams of alcohol per one hundred milliliters of blood; or
(b) The number of grams of alcohol per two hundred ten
liters of breath.
(3) "Commercial driver's license" (CDL) means a license
issued in accordance with the requirements of this chapter to
an individual that authorizes the individual to drive a class of
commercial motor vehicle.
(4) The "commercial driver's license information system" (CDLIS) is the information system established pursuant
to the CMVSA to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(5) "Commercial driver's instruction permit" means a
permit issued under RCW 46.25.060(5).
(6) "Commercial motor vehicle" means a motor vehicle
designed or used to transport passengers or property:
(a) If the vehicle has a gross vehicle weight rating of
26,001 or more pounds;
(b) If the vehicle is designed to transport sixteen or more
passengers, including the driver;
(c) If the vehicle is transporting hazardous materials as
defined in this section; or
(d) If the vehicle is a school bus regardless of weight or
size.
(7) "Conviction" has the definition set forth in RCW
46.20.270.
(8) "Disqualification" means a prohibition against driving a commercial motor vehicle.
(9) "Drive" means to drive, operate, or be in physical
control of a motor vehicle in any place open to the general
public for purposes of vehicular traffic. For purposes of
RCW 46.25.100, 46.25.110, and 46.25.120, "drive" includes
operation or physical control of a motor vehicle anywhere in
the state.
(10) "Drugs" are those substances as defined by RCW
69.04.009.
(11) "Employer" means any person, including the United
States, a state, or a political subdivision of a state, who owns
or leases a commercial motor vehicle, or assigns a person to
drive a commercial motor vehicle.
(12) "Gross vehicle weight rating" (GVWR) means the
value specified by the manufacturer as the maximum loaded
weight of a single or a combination or articulated vehicle, or
the registered gross weight, where this value cannot be determined. The GVWR of a combination or articulated vehicle,
commonly referred to as the "gross combined weight rating"
or GCWR, is the GVWR of the power unit plus the GVWR
of the towed unit or units.
(13) "Hazardous materials" means any material that has
been designated as hazardous under 49 U.S.C. Sec. 5103 and
is required to be placarded under subpart F of 49 C.F.R. part
172 or any quantity of a material listed as a select agent or
toxin in 42 C.F.R. part 73.
(14) "Motor vehicle" means a vehicle, machine, tractor,
trailer, or semitrailer propelled or drawn by mechanical
power used on highways, or any other vehicle required to be
registered under the laws of this state, but does not include a
vehicle, machine, tractor, trailer, or semitrailer operated
exclusively on a rail.
[Title 46 RCW—page 115]
46.25.020
Title 46 RCW: Motor Vehicles
(15) "Out-of-service order" means a temporary prohibition against driving a commercial motor vehicle.
(16) "School bus" means a commercial motor vehicle
used to transport preprimary, primary, or secondary school
students from home to school, from school to home, or to and
from school-sponsored events. School bus does not include a
bus used as a common carrier.
(17) "Serious traffic violation" means:
(a) Excessive speeding, defined as fifteen miles per hour
or more in excess of the posted limit;
(b) Reckless driving, as defined under state or local law;
(c) A violation of a state or local law relating to motor
vehicle traffic control, other than a parking violation, arising
in connection with an accident or collision resulting in death
to any person;
(d) Driving a commercial motor vehicle without obtaining a commercial driver's license;
(e) Driving a commercial motor vehicle without a commercial driver's license in the driver's possession; however,
any individual who provides proof to the court by the date the
individual must appear in court or pay any fine for such a violation, that the individual held a valid CDL on the date the
citation was issued, is not guilty of a "serious traffic offense";
(f) Driving a commercial motor vehicle without the
proper class of commercial driver's license endorsement or
endorsements for the specific vehicle group being operated or
for the passenger or type of cargo being transported; and
(g) Any other violation of a state or local law relating to
motor vehicle traffic control, other than a parking violation,
that the department determines by rule to be serious.
(18) "State" means a state of the United States and the
District of Columbia.
(19) "Tank vehicle" means a vehicle that is designed to
transport a liquid or gaseous material within a tank that is
either permanently or temporarily attached to the vehicle or
the chassis. Tank vehicles include, but are not limited to
cargo tanks and portable tanks. However, this definition does
not include portable tanks having a rated capacity under one
thousand gallons.
(20) "United States" means the fifty states and the District of Columbia. [2004 c 187 § 2; 1996 c 30 § 1; 1989 c 178
§ 3.]
Effective date—1996 c 30: "This act takes effect October 1, 1996."
[1996 c 30 § 5.]
46.25.020 One license limit. No person who drives a
commercial motor vehicle may have more than one driver's
license. [1989 c 178 § 4.]
46.25.020
46.25.030 Duties of driver—Notice to department
and employer. (1)(a) A driver of a commercial motor vehicle holding a driver's license issued by this state who is convicted of violating a state law or local ordinance relating to
motor vehicle traffic control, in any other state or federal,
provincial, territorial, or municipal laws of Canada, other
than parking violations, shall notify the department in the
manner specified by rule of the department within thirty days
of the date of conviction.
(b) A driver of a commercial motor vehicle holding a
driver's license issued by this state who is convicted of violating a state law or local ordinance relating to motor vehicle
46.25.030
[Title 46 RCW—page 116]
traffic control in this or any other state or federal, provincial,
territorial, or municipal laws of Canada, other than parking
violations, shall notify his or her employer in writing of the
conviction within thirty days of the date of conviction.
(c) The notification requirements contained in (a) and (b)
of this subsection as they relate to the federal, provincial, territorial, or municipal laws of Canada become effective only
when the federal law or federal rules are changed to require
the notification or a bilateral or multilateral agreement is
entered into between the state of Washington and any Canadian province implementing essentially the same standards of
regulation and penalties of all parties as encompassed in this
chapter.
(2) A driver whose driver's license is suspended,
revoked, or canceled by a state, who loses the privilege to
drive a commercial motor vehicle in a state for any period, or
who is disqualified from driving a commercial motor vehicle
for any period, shall notify his or her employer of that fact
before the end of the business day following the day the
driver received notice of that fact.
(3) A person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten years preceding the date of application:
(a) A list of the names and addresses of the applicant's
previous employers for which the applicant was a driver of a
commercial motor vehicle;
(b) The dates between which the applicant drove for each
employer; and
(c) The reason for leaving that employer.
The applicant shall certify that all information furnished is
true and complete. An employer may require an applicant to
provide additional information. [1989 c 178 § 5.]
46.25.040
46.25.040 Duties of employer. (1) An employer shall
require the applicant to provide the information specified in
RCW 46.25.030(3).
(2) No employer may knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any
period:
(a) In which the driver has a driver's license suspended,
revoked, or canceled by a state, has lost the privilege to drive
a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle; or
(b) In which the driver has more than one driver's
license. [1989 c 178 § 6.]
46.25.050
46.25.050 Commercial driver's license required—
Exceptions, restrictions. (1) Drivers of commercial motor
vehicles shall obtain a commercial driver's license as required
under this chapter by April 1, 1992. The director shall establish a program to convert all qualified commercial motor
vehicle drivers by that date. After April 1, 1992, except when
driving under a commercial driver's instruction permit and a
valid automobile or classified license and accompanied by
the holder of a commercial driver's license valid for the vehicle being driven, no person may drive a commercial motor
vehicle unless the person holds and is in immediate possession of a commercial driver's license and applicable endorse(2004 Ed.)
Uniform Commercial Driver’s License Act
ments valid for the vehicle they are driving. However, this
requirement does not apply to any person:
(a) Who is the operator of a farm vehicle, and the vehicle
is:
(i) Controlled and operated by a farmer;
(ii) Used to transport either agricultural products, which
in this section include Christmas trees and wood products
harvested from private tree farms and transported by vehicles
weighing no more than forty thousand pounds licensed gross
vehicle weight, farm machinery, farm supplies, or any combination of those materials to or from a farm;
(iii) Not used in the operations of a common or contract
motor carrier; and
(iv) Used within one hundred fifty miles of the person's
farm; or
(b) Who is a fire fighter or law enforcement officer operating emergency equipment, and:
(i) The fire fighter or law enforcement officer has successfully completed a driver training course approved by the
director; and
(ii) The fire fighter or law enforcement officer carries a
certificate attesting to the successful completion of the
approved training course; or
(c) Who is operating a recreational vehicle for noncommercial purposes. As used in this section, "recreational vehicle" includes a vehicle towing a horse trailer for a noncommercial purpose.
(2) No person may drive a commercial motor vehicle
while his or her driving privilege is suspended, revoked, or
canceled, while subject to disqualification, or in violation of
an out-of-service order. Violations of this subsection shall be
punished in the same way as violations of RCW
46.20.342(1). [1995 c 393 § 1; 1990 c 56 § 1; 1989 c 178 §
7.]
46.25.055
46.25.055 Medical examiner's certificate—Required.
A person may not drive a commercial motor vehicle unless he
or she is physically qualified to do so and, except as provided
in 49 C.F.R. Sec. 391.67, has on his or her person the original, or a photographic copy, of a medical examiner's certificate that he or she is physically qualified to drive a commercial motor vehicle. [2003 c 195 § 3.]
Findings—2003 c 195: See note following RCW 46.25.070.
46.25.057
46.25.057 Medical examiner's certificate—Failure to
carry—Penalty. (1) It is a traffic infraction for a licensee
under this chapter to drive a commercial vehicle without having on his or her person the original, or a photographic copy,
of a medical examiner's certificate that he or she is physically
qualified to drive a commercial motor vehicle.
(2) A person who violates this section is subject to a penalty of two hundred fifty dollars. If the person appears in person before the court or submits by mail written proof that he
or she had, at the time the infraction took place, the medical
examiner's certificate, the court shall reduce the penalty to
fifty dollars. [2003 c 195 § 4.]
Findings—2003 c 195: See note following RCW 46.25.070.
46.25.060
46.25.060 Knowledge and skills test—Instruction
permit. (1)(a) No person may be issued a commercial
(2004 Ed.)
46.25.060
driver's license unless that person is a resident of this state
and has passed a knowledge and skills test for driving a commercial motor vehicle that complies with minimum federal
standards established by federal regulation enumerated in 49
C.F.R. part 383, subparts G and H, and has satisfied all other
requirements of the CMVSA in addition to other requirements imposed by state law or federal regulation. The tests
must be prescribed and conducted by the department. In
addition to the fee charged for issuance or renewal of any
license, the applicant shall pay a fee of no more than ten dollars for each classified knowledge examination, classified
endorsement knowledge examination, or any combination of
classified license and endorsement knowledge examinations.
The applicant shall pay a fee of no more than fifty dollars for
each classified skill examination or combination of classified
skill examinations conducted by the department.
(b) The department may authorize a person, including an
agency of this or another state, an employer, a private driver
training facility, or other private institution, or a department,
agency, or instrumentality of local government, to administer
the skills test specified by this section under the following
conditions:
(i) The test is the same which would otherwise be administered by the state;
(ii) The third party has entered into an agreement with
the state that complies with the requirements of 49 C.F.R.
part 383.75; and
(iii) The director has adopted rules as to the third party
testing program and the development and justification for
fees charged by any third party.
(2) The department shall work with the office of the
superintendent of public instruction to develop modified P1
and P2 skill examinations that also include the skill examination components required to obtain an "S" endorsement. In
no event may a new applicant for an "S" endorsement be
required to take two separate examinations to obtain an "S"
endorsement and either a P1 or P2 endorsement, unless that
applicant is upgrading his or her existing commercial driver's
license to include an "S" endorsement. The combined P1/S
or P2/S skill examination must be offered to the applicant at
the same cost as a regular P1 or P2 skill examination.
(3) The department may waive the skills test specified in
this section for a commercial driver's license applicant who
meets the requirements of 49 C.F.R. part 383.77.
(4) A commercial driver's license or commercial driver's
instruction permit may not be issued to a person while the
person is subject to a disqualification from driving a commercial motor vehicle, or while the person's driver's license is
suspended, revoked, or canceled in any state, nor may a commercial driver's license be issued to a person who has a commercial driver's license issued by any other state unless the
person first surrenders all such licenses, which must be
returned to the issuing state for cancellation.
(5)(a) The department may issue a commercial driver's
instruction permit to an applicant who is at least eighteen
years of age and holds a valid Washington state driver's
license and who has submitted a proper application, passed
the general knowledge examination required for issuance of a
commercial driver's license under subsection (1) of this section, and paid the appropriate fee for the knowledge examination and an application fee of ten dollars.
[Title 46 RCW—page 117]
46.25.070
Title 46 RCW: Motor Vehicles
(b) A commercial driver's instruction permit may not be
issued for a period to exceed six months. Only one renewal
or reissuance may be granted within a two-year period.
(c) The holder of a commercial driver's instruction permit may drive a commercial motor vehicle on a highway only
when accompanied by the holder of a commercial driver's
license valid for the type of vehicle driven who occupies a
seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle. The holder of
a commercial driver's instruction permit is not authorized to
operate a commercial motor vehicle transporting hazardous
materials.
(d) The department shall transmit the fees collected for
commercial driver's instruction permits to the state treasurer.
[2004 c 187 § 3; 2002 c 352 § 18; 1989 c 178 § 8.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
46.25.070
46.25.070 Application—Change of address—Residency—Hazardous materials endorsement. (1) The application for a commercial driver's license or commercial
driver's instruction permit must include the following:
(a) The full name and current mailing and residential
address of the person;
(b) A physical description of the person, including sex,
height, weight, and eye color;
(c) Date of birth;
(d) The applicant's Social Security number;
(e) The person's signature;
(f) Certifications including those required by 49 C.F.R.
part 383.71(a);
(g) The names of all states where the applicant has previously been licensed to drive any type of motor vehicle during
the previous ten years;
(h) Any other information required by the department;
and
(i) A consent to release driving record information to
parties identified in chapter 46.52 RCW and this chapter.
(2) An applicant for a hazardous materials endorsement
must submit an application and comply with federal transportation security administration requirements as specified in 49
C.F.R. part 1572, and meet the requirements specified in 49
C.F.R. 383.71(a)(9).
(3) When a licensee changes his or her name, mailing
address, or residence address, the person shall notify the
department as provided in RCW 46.20.205.
(4) No person who has been a resident of this state for
thirty days may drive a commercial motor vehicle under the
authority of a commercial driver's license issued by another
jurisdiction. [2004 c 187 § 4; 2003 c 195 § 2; 1991 c 73 § 2;
1989 c 178 § 9.]
Findings—2003 c 195: "The legislature finds that current economic
conditions impose severe hardships on many commercial vehicle drivers.
The legislature finds that commercial drivers who may not currently be
working may not be able to afford the expense of a required physical in order
to maintain their commercial driver's license. The legislature finds that
Washington's commercial driver's license statutes should be harmonized
with federal requirements, which require proof of a physical capacity to
drive a commercial vehicle, along with a valid commercial driver's license,
but do not link the two requirements. The legislature finds that allowing
commercial drivers to delay getting a physical until they are actually driving
a commercial vehicle will prevent the imposition of unnecessary expense
and hardship on Washington's commercial vehicle drivers." [2003 c 195 §
1.]
[Title 46 RCW—page 118]
46.25.080
46.25.080 License contents, classifications, endorsements, restrictions, expiration—Exchange of information. (Effective until July 1, 2005.) (1) The commercial
driver's license must be marked "commercial driver's license"
or "CDL," and must be, to the maximum extent practicable,
tamperproof. It must include, but not be limited to, the following information:
(a) The name and residence address of the person;
(b) The person's color photograph;
(c) A physical description of the person including sex,
height, weight, and eye color;
(d) Date of birth;
(e) The person's Social Security number or any number
or identifier deemed appropriate by the department;
(f) The person's signature;
(g) The class or type of commercial motor vehicle or
vehicles that the person is authorized to drive, together with
any endorsements or restrictions;
(h) The name of the state; and
(i) The dates between which the license is valid.
(2) Commercial driver's licenses may be issued with the
classifications, endorsements, and restrictions set forth in this
subsection. The holder of a valid commercial driver's license
may drive all vehicles in the class for which that license is
issued and all lesser classes of vehicles except motorcycles
and vehicles that require an endorsement, unless the proper
endorsement appears on the license.
(a) Licenses may be classified as follows:
(i) Class A is a combination of vehicles with a gross
combined weight rating (GCWR) of 26,001 pounds or more,
if the GVWR of the vehicle being towed is in excess of
10,000 pounds.
(ii) Class B is a single vehicle with a GVWR of 26,001
pounds or more, and any such vehicle towing a vehicle not in
excess of 10,000 pounds.
(iii) Class C is a single vehicle with a GVWR of less than
26,001 pounds or any such vehicle towing a vehicle with a
GVWR not in excess of 10,000 pounds consisting of:
(A) Vehicles designed to transport sixteen or more passengers, including the driver; or
(B) Vehicles used in the transportation of hazardous
materials that requires the vehicle to be identified with a placard under 49 C.F.R., part 172, subpart F.
(b) The following endorsements and restrictions may be
placed on a license:
(i) "H" authorizes the driver to drive a vehicle transporting hazardous materials.
(ii) "K" restricts the driver to vehicles not equipped with
air brakes.
(iii) "T" authorizes driving double and triple trailers.
(iv) "P1" authorizes driving all vehicles carrying passengers.
(v) "P2" authorizes driving vehicles with a GVWR of
less than 26,001 pounds carrying sixteen or more passengers,
including the driver.
(vi) "N" authorizes driving tank vehicles.
(vii) "X" represents a combination of hazardous materials and tank vehicle endorsements.
The license may be issued with additional endorsements
and restrictions as established by rule of the director.
(2004 Ed.)
Uniform Commercial Driver’s License Act
(3) All school bus drivers must have either a "P1" or
"P2" endorsement depending on the GVWR of the school bus
being driven.
(4) Before issuing a commercial driver's license, the
department shall obtain driving record information through
the commercial driver's license information system, the
national driver register, and from the current state of record.
(5) Within ten days after issuing a commercial driver's
license, the department must notify the commercial driver's
license information system of that fact, and provide all information required to ensure identification of the person.
(6) A commercial driver's license shall expire in the
same manner as provided in RCW 46.20.181.
(7) When applying for renewal of a commercial driver's
license, the applicant shall:
(a) Complete the application form required by RCW
46.25.070(1), providing updated information and required
certifications;
(b) Submit the application to the department in person;
and
(c) If the applicant wishes to retain a hazardous materials
endorsement, take and pass the written test for a hazardous
materials endorsement. [2004 c 249 § 8; 1996 c 30 § 2; 1989
c 178 § 10.]
Effective date—1996 c 30: See note following RCW 46.25.010.
46.25.080
46.25.080 License contents, classifications, endorsements, restrictions, expiration—Exchange of information. (Effective July 1, 2005.) (1) The commercial driver's
license must be marked "commercial driver's license" or
"CDL," and must be, to the maximum extent practicable,
tamperproof. It must include, but not be limited to, the following information:
(a) The name and residence address of the person;
(b) The person's color photograph;
(c) A physical description of the person including sex,
height, weight, and eye color;
(d) Date of birth;
(e) The person's Social Security number or any number
or identifier deemed appropriate by the department;
(f) The person's signature;
(g) The class or type of commercial motor vehicle or
vehicles that the person is authorized to drive, together with
any endorsements or restrictions;
(h) The name of the state; and
(i) The dates between which the license is valid.
(2) Commercial driver's licenses may be issued with the
classifications, endorsements, and restrictions set forth in this
subsection. The holder of a valid commercial driver's license
may drive all vehicles in the class for which that license is
issued and all lesser classes of vehicles except motorcycles
and vehicles that require an endorsement, unless the proper
endorsement appears on the license.
(a) Licenses may be classified as follows:
(i) Class A is a combination of vehicles with a gross
combined weight rating (GCWR) of 26,001 pounds or more,
if the GVWR of the vehicle or vehicles being towed is in
excess of 10,000 pounds.
(2004 Ed.)
46.25.080
(ii) Class B is a single vehicle with a GVWR of 26,001
pounds or more, and any such vehicle towing a vehicle not in
excess of 10,000 pounds.
(iii) Class C is a single vehicle with a GVWR of less than
26,001 pounds or any such vehicle towing a vehicle with a
GVWR not in excess of 10,000 pounds consisting of:
(A) Vehicles designed to transport sixteen or more passengers, including the driver; or
(B) Vehicles used in the transportation of hazardous
materials.
(b) The following endorsements and restrictions may be
placed on a license:
(i) "H" authorizes the driver to drive a vehicle transporting hazardous materials.
(ii) "K" restricts the driver to vehicles not equipped with
air brakes.
(iii) "T" authorizes driving double and triple trailers.
(iv) "P1" authorizes driving all vehicles, other than
school buses, carrying passengers.
(v) "P2" authorizes driving vehicles with a GVWR of
less than 26,001 pounds, other than school buses, carrying
sixteen or more passengers, including the driver.
(vi) "N" authorizes driving tank vehicles.
(vii) "X" represents a combination of hazardous materials and tank vehicle endorsements.
(viii) "S" authorizes driving school buses.
The license may be issued with additional endorsements
and restrictions as established by rule of the director.
(3) All school bus drivers must have either a "P1" or
"P2" endorsement depending on the GVWR of the school bus
being driven.
(4) Before issuing a commercial driver's license, the
department shall obtain driving record information:
(a) Through the commercial driver's license information
system;
(b) Through the national driver register;
(c) From the current state of record; and
(d) From all states where the applicant was previously
licensed over the last ten years to drive any type of motor
vehicle.
A check under (d) of this subsection need be done only
once, either at the time of application for a new commercial
driver's license, or upon application for a renewal of a commercial driver's license for the first time after July 1, 2005,
provided a notation is made on the driver's record confirming
that the driving record check has been made and noting the
date it was completed.
(5) Within ten days after issuing a commercial driver's
license, the department must notify the commercial driver's
license information system of that fact, and provide all information required to ensure identification of the person.
(6) A commercial driver's license shall expire in the
same manner as provided in RCW 46.20.181.
(7) When applying for renewal of a commercial driver's
license, the applicant shall:
(a) Complete the application form required by RCW
46.25.070(1), providing updated information and required
certifications;
(b) Submit the application to the department in person;
and
[Title 46 RCW—page 119]
46.25.085
Title 46 RCW: Motor Vehicles
(c) If the applicant wishes to retain a hazardous materials
endorsement, take and pass the written test for a hazardous
materials endorsement. [2004 c 249 § 8; 2004 c 187 § 5;
1996 c 30 § 2; 1989 c 178 § 10.]
Reviser's note: This section was amended by 2004 c 187 § 5 and by
2004 c 249 § 8, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2004 c 187 §§ 1, 5, 7, 8, and 10: See note following
RCW 46.20.308.
Effective date—1996 c 30: See note following RCW 46.25.010.
46.25.085
46.25.085 Hazardous materials endorsement. (1) The
department may not issue, renew, upgrade, or transfer a hazardous materials endorsement for a commercial driver's
license to any individual authorizing that individual to operate a commercial motor vehicle transporting a hazardous
material in commerce unless the federal transportation security administration has determined that the individual does
not pose a security risk warranting denial of the endorsement.
(2) An individual who is prohibited from holding a commercial driver's license with a hazardous materials endorsement under 49 C.F.R. 1572.5 must surrender any hazardous
materials endorsement in his or her possession to the department.
(3) The department may adopt such rules as may be necessary to comply with the provisions of 49 C.F.R. part 1572.
[2004 c 187 § 6.]
46.25.090
46.25.090 Disqualification—Grounds for, period
of—Records, notice. (Effective until July 1, 2005.) (1) A
person is disqualified from driving a commercial motor vehicle for a period of not less than one year if a report has been
received by the department pursuant to RCW 46.25.120, or if
the person has been convicted of a first violation, within this
or any other jurisdiction, of:
(a) Driving a commercial motor vehicle under the influence of alcohol or any drug;
(b) Driving a commercial motor vehicle while the alcohol concentration in the person's system is 0.04 or more as
determined by any testing methods approved by law in this
state or any other state or jurisdiction;
(c) Leaving the scene of an accident involving a commercial motor vehicle driven by the person;
(d) Using a commercial motor vehicle in the commission
of a felony;
(e) Refusing to submit to a test to determine the driver's
alcohol concentration while driving a motor vehicle.
If any of the violations set forth in this subsection
occurred while transporting a hazardous material required to
be identified by a placard, the person is disqualified for a
period of not less than three years.
(2) A person is disqualified for life if it has been determined that the person has committed or has been convicted of
two or more violations of any of the offenses specified in subsection (1) of this section, or any combination of those
offenses, arising from two or more separate incidents. Only
offenses committed after October 1, 1989, may be considered
in applying this subsection.
(3) The department may adopt rules, in accordance with
federal regulations, establishing guidelines, including condi[Title 46 RCW—page 120]
tions, under which a disqualification for life under subsection
(2) of this section may be reduced to a period of not less than
ten years.
(4) A person is disqualified from driving a commercial
motor vehicle for life who uses a commercial motor vehicle
in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, as defined
by chapter 69.50 RCW, or possession with intent to manufacture, distribute, or dispense a controlled substance, as defined
by chapter 69.50 RCW.
(5) A person is disqualified from driving a commercial
motor vehicle for a period of not less than sixty days if convicted of or found to have committed two serious traffic violations, or one hundred twenty days if convicted of or found
to have committed three serious traffic violations, committed
in a commercial motor vehicle arising from separate incidents occurring within a three-year period.
(6) A person is disqualified from driving a commercial
motor vehicle for a period of:
(a) Not less than ninety days nor more than one year if
convicted of or found to have committed a first violation of
an out-of-service order while driving a commercial vehicle;
(b) Not less than one year nor more than five years if,
during a ten-year period, the person is convicted of or is
found to have committed two violations of out-of-service
orders while driving a commercial vehicle in separate incidents;
(c) Not less than three years nor more than five years if,
during a ten-year period, the person is convicted of or is
found to have committed three or more violations of out-ofservice orders while driving commercial vehicles in separate
incidents;
(d) Not less than one hundred eighty days nor more than
two years if the person is convicted of or is found to have
committed a first violation of an out-of-service order while
transporting hazardous materials required to be placarded
under the Hazardous Materials Transportation Act (46 U.S.C.
Sec. 1801-1813), or while operating motor vehicles designed
to transport sixteen or more passengers, including the driver.
A person is disqualified for a period of not less than three
years nor more than five years if, during a ten-year period, the
person is convicted of or is found to have committed subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be
placarded under the Hazardous Materials Transportation Act,
or while operating motor vehicles designed to transport sixteen or more passengers, including the driver.
(7) A person is disqualified from driving a commercial
motor vehicle if a report has been received by the department
under RCW 46.25.125 that the person has received a confirmed positive drug or alcohol test either as part of the testing program required by 49 C.F.R. 382 or 49 C.F.R. 40 or as
part of a preemployment drug test. A disqualification under
this subsection remains in effect until the person undergoes a
drug and alcohol assessment by an agency certified by the
department of social and health services and, if the person is
classified as an alcoholic, drug addict, alcohol abuser, or drug
abuser, until the person presents evidence of satisfactory participation in or successful completion of a drug or alcohol
treatment program that has been certified by the department
of social and health services under chapter 70.96A RCW and
(2004 Ed.)
Uniform Commercial Driver’s License Act
until the person has met the requirements of RCW 46.25.100.
The agency making a drug and alcohol assessment under this
section shall forward a diagnostic evaluation and treatment
recommendation to the department of licensing for use in
determining the person's eligibility for driving a commercial
motor vehicle. Persons who are disqualified under this subsection more than twice in a five-year period are disqualified
for life.
(8)(a) A person is disqualified from driving a commercial motor vehicle for the period of time specified in (b) of
this subsection if he or she is convicted of or is found to have
committed one of the following six offenses at a railroadhighway grade crossing while operating a commercial motor
vehicle in violation of a federal, state, or local law or regulation:
(i) For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an
approaching train;
(ii) For drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not
clear;
(iii) For drivers who are always required to stop, failing
to stop before driving onto the crossing;
(iv) For all drivers, failing to have sufficient space to
drive completely through the crossing without stopping;
(v) For all drivers, failing to obey a traffic control device
or the directions of an enforcement officer at the crossing;
(vi) For all drivers, failing to negotiate a crossing
because of insufficient undercarriage clearance.
(b) A person is disqualified from driving a commercial
motor vehicle for a period of:
(i) Not less than sixty days if the driver is convicted of or
is found to have committed a first violation of a railroadhighway grade crossing violation;
(ii) Not less than one hundred twenty days if the driver is
convicted of or is found to have committed a second railroadhighway grade crossing violation in separate incidents within
a three-year period;
(iii) Not less than one year if the driver is convicted of or
is found to have committed a third or subsequent railroadhighway grade crossing violation in separate incidents within
a three-year period.
(9) Within ten days after suspending, revoking, or canceling a commercial driver's license, the department shall
update its records to reflect that action. After suspending,
revoking, or canceling a nonresident commercial driver's
privileges, the department shall notify the licensing authority
of the state that issued the commercial driver's license. [2002
c 272 § 3; 2002 c 193 § 1; 1996 c 30 § 3; 1989 c 178 § 11.]
Reviser's note: This section was amended by 2002 c 193 § 1 and by
2002 c 272 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1996 c 30: See note following RCW 46.25.010.
46.25.090
46.25.090 Disqualification—Grounds for, period
of—Records, notice. (Effective July 1, 2005.) (1) A person
is disqualified from driving a commercial motor vehicle for a
period of not less than one year if a report has been received
by the department pursuant to RCW 46.25.120, or if the per(2004 Ed.)
46.25.090
son has been convicted of a first violation, within this or any
other jurisdiction, of:
(a) Driving a motor vehicle under the influence of alcohol or any drug;
(b) Driving a commercial motor vehicle while the alcohol concentration in the person's system is 0.04 or more as
determined by any testing methods approved by law in this
state or any other state or jurisdiction;
(c) Leaving the scene of an accident involving a motor
vehicle driven by the person;
(d) Using a motor vehicle in the commission of a felony;
(e) Refusing to submit to a test to determine the driver's
alcohol concentration while driving a motor vehicle;
(f) Driving a commercial motor vehicle when, as a result
of prior violations committed while operating a commercial
motor vehicle, the driver's commercial driver's license is
revoked, suspended, or canceled, or the driver is disqualified
from operating a commercial motor vehicle;
(g) Causing a fatality through the negligent operation of
a commercial motor vehicle, including but not limited to the
crimes of vehicular homicide and negligent homicide.
If any of the violations set forth in this subsection
occurred while transporting hazardous material, the person is
disqualified for a period of not less than three years.
(2) A person is disqualified for life if it has been determined that the person has committed or has been convicted of
two or more violations of any of the offenses specified in subsection (1) of this section, or any combination of those
offenses, arising from two or more separate incidents.
(3) The department may adopt rules, in accordance with
federal regulations, establishing guidelines, including conditions, under which a disqualification for life under subsection
(2) of this section may be reduced to a period of not less than
ten years.
(4) A person is disqualified from driving a commercial
motor vehicle for life who uses a motor vehicle in the commission of a felony involving the manufacture, distribution,
or dispensing of a controlled substance, as defined by chapter
69.50 RCW, or possession with intent to manufacture, distribute, or dispense a controlled substance, as defined by
chapter 69.50 RCW.
(5) A person is disqualified from driving a commercial
motor vehicle for a period of:
(a) Not less than sixty days if:
(i) Convicted of or found to have committed a second
serious traffic violation while driving a commercial motor
vehicle; or
(ii) Convicted of reckless driving, where there has been a
prior serious traffic violation; or
(b) Not less than one hundred twenty days if:
(i) Convicted of or found to have committed a third or
subsequent serious traffic violation while driving a commercial motor vehicle; or
(ii) Convicted of reckless driving, where there has been
two or more prior serious traffic violations.
For purposes of determining prior serious traffic violations under this subsection, each conviction of or finding that
a driver has committed a serious traffic violation while driving a commercial motor vehicle or noncommercial motor
vehicle, arising from a separate incident occurring within a
three-year period, must be counted.
[Title 46 RCW—page 121]
46.25.100
Title 46 RCW: Motor Vehicles
(6) A person is disqualified from driving a commercial
motor vehicle for a period of:
(a) Not less than ninety days nor more than one year if
convicted of or found to have committed a first violation of
an out-of-service order while driving a commercial vehicle;
(b) Not less than one year nor more than five years if,
during a ten-year period, the person is convicted of or is
found to have committed two violations of out-of-service
orders while driving a commercial vehicle in separate incidents;
(c) Not less than three years nor more than five years if,
during a ten-year period, the person is convicted of or is
found to have committed three or more violations of out-ofservice orders while driving commercial vehicles in separate
incidents;
(d) Not less than one hundred eighty days nor more than
two years if the person is convicted of or is found to have
committed a first violation of an out-of-service order while
transporting hazardous materials, or while operating motor
vehicles designed to transport sixteen or more passengers,
including the driver. A person is disqualified for a period of
not less than three years nor more than five years if, during a
ten-year period, the person is convicted of or is found to have
committed subsequent violations of out-of-service orders, in
separate incidents, while transporting hazardous materials, or
while operating motor vehicles designed to transport sixteen
or more passengers, including the driver.
(7) A person is disqualified from driving a commercial
motor vehicle if a report has been received by the department
under RCW 46.25.125 that the person has received a confirmed positive drug or alcohol test either as part of the testing program required by 49 C.F.R. 382 or 49 C.F.R. 40 or as
part of a preemployment drug test. A disqualification under
this subsection remains in effect until the person undergoes a
drug and alcohol assessment by an agency certified by the
department of social and health services and, if the person is
classified as an alcoholic, drug addict, alcohol abuser, or drug
abuser, until the person presents evidence of satisfactory participation in or successful completion of a drug or alcohol
treatment program that has been certified by the department
of social and health services under chapter 70.96A RCW and
until the person has met the requirements of RCW 46.25.100.
The agency making a drug and alcohol assessment under this
section shall forward a diagnostic evaluation and treatment
recommendation to the department of licensing for use in
determining the person's eligibility for driving a commercial
motor vehicle. Persons who are disqualified under this subsection more than twice in a five-year period are disqualified
for life.
(8)(a) A person is disqualified from driving a commercial motor vehicle for the period of time specified in (b) of
this subsection if he or she is convicted of or is found to have
committed one of the following six offenses at a railroadhighway grade crossing while operating a commercial motor
vehicle in violation of a federal, state, or local law or regulation:
(i) For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an
approaching train;
[Title 46 RCW—page 122]
(ii) For drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not
clear;
(iii) For drivers who are always required to stop, failing
to stop before driving onto the crossing;
(iv) For all drivers, failing to have sufficient space to
drive completely through the crossing without stopping;
(v) For all drivers, failing to obey a traffic control device
or the directions of an enforcement officer at the crossing;
(vi) For all drivers, failing to negotiate a crossing
because of insufficient undercarriage clearance.
(b) A person is disqualified from driving a commercial
motor vehicle for a period of:
(i) Not less than sixty days if the driver is convicted of or
is found to have committed a first violation of a railroadhighway grade crossing violation;
(ii) Not less than one hundred twenty days if the driver is
convicted of or is found to have committed a second railroadhighway grade crossing violation in separate incidents within
a three-year period;
(iii) Not less than one year if the driver is convicted of or
is found to have committed a third or subsequent railroadhighway grade crossing violation in separate incidents within
a three-year period.
(9) A person is disqualified from driving a commercial
motor vehicle for not more than one year if a report has been
received by the department from the federal motor carrier
safety administration that the person's driving has been determined to constitute an imminent hazard as defined by 49
C.F.R. 383.5.
(10) Within ten days after suspending, revoking, or canceling a commercial driver's license or disqualifying a driver
from operating a commercial motor vehicle, the department
shall update its records to reflect that action. [2004 c 187 § 7.
Prior: 2002 c 272 § 3; 2002 c 193 § 1; 1996 c 30 § 3; 1989 c
178 § 11.]
Effective date—2004 c 187 §§ 1, 5, 7, 8, and 10: See note following
RCW 46.20.308.
Effective date—1996 c 30: See note following RCW 46.25.010.
46.25.100
46.25.100 Restoration after disqualification. When a
person has been disqualified from operating a commercial
motor vehicle, the person is not entitled to have the commercial driver's license restored until after the expiration of the
appropriate disqualification period required under RCW
46.25.090 or until the department has received a drug and
alcohol assessment and evidence is presented of satisfactory
participation in or completion of any required drug or alcohol
treatment program for ending the disqualification under
RCW 46.25.090(7). After expiration of the appropriate
period and upon payment of a requalification fee of twenty
dollars, or one hundred fifty dollars if the person has been
disqualified under RCW 46.25.090(7), the person may apply
for a new, duplicate, or renewal commercial driver's license
as provided by law. If the person has been disqualified for a
period of one year or more, the person shall demonstrate that
he or she meets the commercial driver's license qualification
standards specified in RCW 46.25.060. [2002 c 272 § 4;
1989 c 178 § 12.]
(2004 Ed.)
Uniform Commercial Driver’s License Act
46.25.110
46.25.110 Driving with alcohol in system. (1) Notwithstanding any other provision of Title 46 RCW, a person
may not drive, operate, or be in physical control of a commercial motor vehicle while having alcohol in his or her system.
(2) Law enforcement or appropriate officials shall issue
an out-of-service order valid for twenty-four hours against a
person who drives, operates, or is in physical control of a
commercial motor vehicle while having alcohol in his or her
system or who refuses to take a test to determine his or her
alcohol content as provided by RCW 46.25.120. [1989 c 178
§ 13.]
46.25.120
46.25.120 Test for alcohol or drugs—Disqualification
for refusal of test or positive test. (1) A person who drives
a commercial motor vehicle within this state is deemed to
have given consent, subject to RCW 46.61.506, to take a test
or tests of that person's blood or breath for the purpose of
determining that person's alcohol concentration or the presence of other drugs.
(2) A test or tests may be administered at the direction of
a law enforcement officer, who after stopping or detaining
the commercial motor vehicle driver, has probable cause to
believe that driver was driving a commercial motor vehicle
while having alcohol in his or her system.
(3) The law enforcement officer requesting the test under
subsection (1) of this section shall warn the person requested
to submit to the test that a refusal to submit will result in that
person being disqualified from operating a commercial motor
vehicle under RCW 46.25.090.
(4) If the person refuses testing, or submits to a test that
discloses an alcohol concentration of 0.04 or more, the law
enforcement officer shall submit a sworn report to the department certifying that the test was requested pursuant to subsection (1) of this section and that the person refused to submit to testing, or submitted to a test that disclosed an alcohol
concentration of 0.04 or more.
(5) Upon receipt of the sworn report of a law enforcement officer under subsection (4) of this section, the department shall disqualify the driver from driving a commercial
motor vehicle under RCW 46.25.090, subject to the hearing
provisions of RCW 46.20.329 and 46.20.332. The hearing
shall be conducted in the county of the arrest. For the purposes of this section, the hearing shall cover the issues of
whether a law enforcement officer had reasonable grounds to
believe the person had been driving or was in actual physical
control of a commercial motor vehicle within this state while
having alcohol in the person's system, whether the person
refused to submit to the test or tests upon request of the
officer after having been informed that the refusal would
result in the disqualification of the person from driving a
commercial motor vehicle, and, if the test was administered,
whether the results indicated an alcohol concentration of 0.04
percent or more. The department shall order that the disqualification of the person either be rescinded or sustained. Any
decision by the department disqualifying a person from driving a commercial motor vehicle is stayed and does not take
effect while a formal hearing is pending under this section or
during the pendency of a subsequent appeal to superior court
so long as there is no conviction for a moving violation or no
finding that the person has committed a traffic infraction that
is a moving violation during the pendency of the hearing and
(2004 Ed.)
46.25.125
appeal. If the disqualification of the person is sustained after
the hearing, the person who is disqualified may file a petition
in the superior court of the county of arrest to review the final
order of disqualification by the department in the manner
provided in RCW 46.20.334.
(6) If a motor carrier or employer who is required to have
a testing program under 49 C.F.R. 382 knows that a commercial driver in his or her employ has refused to submit to testing under this section and has not been disqualified from
driving a commercial motor vehicle, the employer may notify
law enforcement or his or her medical review officer or
breath alcohol technician that the driver has refused to submit
to the required testing.
(7) The hearing provisions of this section do not apply to
those persons disqualified from driving a commercial motor
vehicle under RCW 46.25.090(7). [2002 c 272 § 5; 1998 c 41
§ 6; 1990 c 250 § 50; 1989 c 178 § 14.]
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—1990 c 250: See note following RCW 46.16.301.
46.25.123 Mandatory reporting of positive test. All
medical review officers or breath alcohol technicians hired
by or under contract to a motor carrier or employer who is
required to have a testing program under 49 C.F.R. 382 or to
a consortium the carrier belongs to, as defined in 49 C.F.R.
382.17, shall report the finding of a commercial driver's confirmed positive drug or alcohol test to the department of
licensing on a form provided by the department. Motor carriers, employers, or consortiums shall make it a written condition of their contract or agreement with a medical review
officer or breath alcohol technician, regardless of the state
where the medical review officer or breath alcohol technician
is located, that the medical review officer or breath alcohol
technician is required to report all Washington state licensed
drivers who have a confirmed positive drug or alcohol test to
the department of licensing within three business days of the
confirmed test. Failure to obtain this contractual condition or
agreement with the medical review officer or breath alcohol
technician by the motor carrier, employer, or consortium will
result in an administrative fine as provided in RCW
81.04.405. Substances obtained for testing may not be used
for any purpose other than drug or alcohol testing under 49
C.F.R. 382. [2002 c 272 § 1.]
46.25.123
46.25.125 Disqualification for positive test—Procedure. (1) When the department of licensing receives a report
from a medical review officer or breath alcohol technician
that the holder of a commercial driver's license has a confirmed positive drug or alcohol test, either as part of the testing program required by 49 C.F.R. 382 or as part of a preemployment drug test, the department shall disqualify the driver
from driving a commercial motor vehicle under RCW
46.25.090(7) subject to a hearing as provided in this section.
The department shall notify the person in writing of the disqualification by first class mail. The notice must explain the
procedure for the person to request a hearing.
(2) A person disqualified from driving a commercial
motor vehicle for having a confirmed positive drug or alcohol
test may request a hearing to challenge the disqualification
within twenty days from the date notice is given. If the
46.25.125
[Title 46 RCW—page 123]
46.25.130
Title 46 RCW: Motor Vehicles
request for a hearing is mailed, it must be postmarked within
twenty days after the department has given notice of the disqualification.
(3) The hearing must be conducted in the county of the
person's residence, except that the department may conduct
all or part of the hearing by telephone or other electronic
means.
(4) For the purposes of this section, the hearing must be
limited to the following issues: (a) Whether the driver is the
person who took the drug or alcohol test; (b) whether the
motor carrier, employer, or consortium has a program that
meets the federal requirements under 49 C.F.R. 382; and (c)
whether the medical review officer or breath alcohol technician making the report accurately followed the protocols for
testing established to certify the results. Evidence may be
presented to demonstrate that the test results are a false positive. For the purpose of a hearing under this section, a copy of
the positive test result with a declaration by the tester or medical review officer or breath alcohol technician stating the
accuracy of the laboratory protocols followed to arrive at the
test result is prima facie evidence of a confirmed positive
drug or alcohol test result. After the hearing, the department
shall order the disqualification of the person either be
rescinded or sustained.
(5) If the person does not request a hearing within the
twenty-day time limit, or if the person fails to appear at a
hearing, the person has waived the right to a hearing and the
department shall sustain the disqualification.
(6) A decision by the department disqualifying a person
from driving a commercial motor vehicle is stayed and does
not take effect while a formal hearing is pending under this
section or during the pendency of a subsequent appeal to
superior court so long as there is no conviction for a moving
violation or no finding that the person has committed a traffic
infraction that is a moving violation and the department
receives no further report of a confirmed positive drug or
alcohol test during the pendency of the hearing and appeal. If
the disqualification is sustained after the hearing, the person
who is disqualified may file a petition in the superior court of
the county of his or her residence to review the final order of
disqualification by the department in the manner provided in
RCW 46.20.334.
(7) The department of licensing may adopt rules specifying further requirements for requesting a hearing under this
section.
(8) The department of licensing is not civilly liable for
damage resulting from disqualifying a driver based on a confirmed positive drug or alcohol test result as required by this
section or for damage resulting from release of this information that occurs in the normal course of business. [2002 c 272
§ 2.]
46.25.130
46.25.130 Report of violation by nonresident. (Effective until July 1, 2005.) Within ten days after receiving a
report of the conviction of any nonresident holder of a commercial driver's license for any violation of state law or local
ordinance relating to motor vehicle traffic control, other than
parking violations, committed in a commercial motor vehicle, the department shall notify the driver licensing authority
in the licensing state of the conviction. [1989 c 178 § 15.]
[Title 46 RCW—page 124]
46.25.130
46.25.130 Report of violation, disqualification by
nonresident. (Effective July 1, 2005.) (1) Within ten days
after receiving a report of the conviction of or finding that a
traffic infraction has been committed by any nonresident
holder of a commercial driver's license, or any nonresident
operating a commercial motor vehicle, for any violation of
state law or local ordinance relating to motor vehicle traffic
control, other than parking violations, the department shall
notify the driver licensing authority in the licensing state of
the conviction.
(2)(a) No later than ten days after disqualifying any nonresident holder of a commercial driver's license from operating a commercial motor vehicle, or revoking, suspending, or
canceling the nonresident driving privileges of the nonresident holder of a commercial driver's license for at least sixty
days, the department must notify the state that issued the
license of the disqualification, revocation, suspension, or
cancellation.
(b) The notification must include both the disqualification and the violation that resulted in the disqualification,
revocation, suspension, or cancellation. The notification and
the information it provides must be recorded on the driver's
record. [2004 c 187 § 8; 1989 c 178 § 15.]
Effective date—2004 c 187 §§ 1, 5, 7, 8, and 10: See note following
RCW 46.20.308.
46.25.140
46.25.140 Rules. The department may adopt rules necessary to carry out this chapter. [1989 c 178 § 16.]
46.25.150
46.25.150 Agreements to carry out chapter. The
department may enter into or make agreements, arrangements, or declarations to carry out this chapter. [1989 c 178
§ 17.]
46.25.160
46.25.160 Licenses issued by other jurisdictions.
Notwithstanding any law to the contrary, a person may drive
a commercial motor vehicle if the person has a commercial
driver's license or commercial driver's instruction permit
issued by any state or jurisdiction in accordance with the minimum federal standards for the issuance of commercial motor
vehicle driver's licenses or permits, if the person's license or
permit is not suspended, revoked, or canceled, and if the person is not disqualified from driving a commercial motor vehicle or is subject to an out-of-service order. [2004 c 187 § 9;
1989 c 178 § 18.]
46.25.170
46.25.170 Civil and criminal penalties. (1) A person
subject to RCW 81.04.405 who is determined by the utilities
and transportation commission, after notice, to have committed an act that is in violation of RCW 46.25.020, 46.25.030,
46.25.040, 46.25.050, or 46.25.110 is liable to Washington
state for the civil penalties provided for in RCW 81.04.405.
(2) A person who violates or fails to comply with, or who
procures, aids, or abets in the violation of any provision of
RCW 46.25.020, 46.25.030, 46.25.040, 46.25.050, or
46.25.110 is guilty of a gross misdemeanor. [1989 c 178 §
19.]
46.25.900
46.25.900 Severability—1989 c 178. If any provision
of this act or its application to any person or circumstance is
(2004 Ed.)
Financial Responsibility
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 178 § 30.]
46.25.901 Effective dates—1989 c 178. Sections 25,
26, 28, and 32 of this act shall take effect on April 1, 1992.
The remainder of this act shall take effect on October 1, 1989.
The director of licensing may immediately take such steps as
are necessary to insure that all sections of this act are implemented on their respective effective dates. [1989 c 178 § 33.]
46.25.901
Chapter 46.29
Chapter 46.29 RCW
FINANCIAL RESPONSIBILITY
Sections
ADMINISTRATION
46.29.010
46.29.020
46.29.030
46.29.040
46.29.050
Purpose.
Definitions.
Director to administer chapter.
Court review.
Furnishing driving record and evidence of ability to respond in
damages—Fees.
46.29.510
46.29.520
46.29.530
46.29.540
46.29.550
46.29.560
46.29.570
46.29.580
46.29.590
46.29.600
46.29.070
46.29.080
46.29.090
46.29.100
46.29.110
46.29.120
46.29.130
46.29.140
46.29.150
46.29.160
46.29.170
46.29.180
46.29.190
46.29.200
46.29.210
46.29.220
46.29.230
46.29.240
Application of sections requiring deposit of security and suspensions for failure to deposit security.
Department to determine amount of security required—
Notices.
Exceptions as to requirement of security.
Requirements as to policy or bond.
Form and amount of security.
Failure to deposit security—Suspensions.
Release from liability.
Adjudication of nonliability.
Agreements for payment of damages.
Payment upon judgment.
Termination of security requirement.
Duration of suspension.
Application to nonresidents, unlicensed drivers, unregistered
vehicles, and accidents in other states.
Authority of department to decrease amount of security.
Correction of action by department.
Custody of security.
Disposition of security.
Return of deposit.
Certain matters not evidence in civil suits.
PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE
46.29.250
46.29.260
46.29.270
46.29.280
46.29.290
46.29.300
46.29.310
46.29.320
46.29.330
46.29.340
46.29.350
46.29.360
46.29.370
46.29.390
46.29.400
46.29.410
46.29.420
46.29.430
46.29.440
46.29.450
46.29.460
46.29.470
46.29.480
46.29.490
46.29.500
(2004 Ed.)
Application of sections requiring deposit of proof of financial
responsibility for the future.
Meaning of "proof of financial responsibility for the future."
Meaning of "judgment" and "state."
Suspension continues until proof furnished.
Action in respect to unlicensed person.
Action in respect to nonresidents.
When courts to report nonpayment of judgments.
Further action with respect to nonresidents.
Suspension for nonpayment of judgments.
Exception in relation to government vehicles.
Exception when consent granted by judgment creditor.
Exception when insurer liable.
Suspension continues until judgments paid and proof given.
Payments sufficient to satisfy requirements.
Installment payment of judgments—Default.
Action if breach of agreement.
Proof required in addition to deposit of security after accident.
Additional proof required—Suspension or revocation for failure to give proof.
Additional proof required—Suspension to continue until proof
given and maintained.
Alternate methods of giving proof.
Certificate of insurance as proof.
Certificate furnished by nonresident as proof.
Default by nonresident insurer.
"Motor vehicle liability policy" defined.
Notice of cancellation or termination of certified policy.
Chapter not to affect other policies.
Bond as proof.
When bond constitutes a lien.
Action on bond.
Money or securities as proof.
Application of deposit.
Owner may give proof for others.
Substitution of proof.
Other proof required, when.
Duration of proof—When proof may be canceled or returned.
VIOLATIONS
46.29.605
46.29.610
46.29.620
Suspension of registration, notice—Surrender of license
plates—Penalties.
Surrender of license—Penalty.
Forged proof—Penalty.
46.29.630
46.29.640
46.29.900
46.29.910
46.29.920
Self-insurers.
Chapter not to prevent other process.
Construction—1963 c 169.
Severability—1963 c 169.
Repeals and saving.
MISCELLANEOUS
Revoked license not to be renewed or restored until proof of financial
responsibility given: RCW 46.20.311.
ADMINISTRATION
SECURITY FOLLOWING ACCIDENT
46.29.060
46.29.040
46.29.010
46.29.010 Purpose. It is the purpose of this chapter to
adopt in substance the provisions of the uniform vehicle code
relating to financial responsibility in order to achieve greater
uniformity with the laws of other states and thereby reduce
the conflicts in laws confronting motorists as they travel
between states. [1963 c 169 § 1.]
46.29.020
46.29.020 Definitions. (1) The term "owner" as used in
this chapter shall mean registered owner as defined in RCW
46.04.460.
(2) The term "registration" as used in this chapter shall
mean the certificate of license registration issued under the
laws of this state. [1963 c 169 § 2.]
46.29.030
46.29.030 Director to administer chapter. (1) The
director shall administer and enforce the provisions of this
chapter and may make rules and regulations necessary for its
administration.
(2) The director shall prescribe and provide suitable
forms requisite or deemed necessary for the purposes of this
chapter. [1963 c 169 § 3.]
46.29.040
46.29.040 Court review. Any order of the director
under the provisions of this chapter shall be subject to review,
at the instance of any party in interest, by appeal to the superior court of Thurston county, or at his option to the superior
court of the county of his residence. The scope of such review
shall be limited to that prescribed by RCW 7.16.120 governing review by certiorari. Notice of appeal must be filed within
thirty days after service of the notice of such order. The court
shall determine whether the filing of the appeal shall operate
as a stay of any such order of the director. Upon the filing the
notice of appeal the court shall issue an order to the director
to show cause why the order should not be reversed or modified. The order to show cause shall be returnable not less than
ten nor more than thirty days after the date of service thereof
upon the director. The court after hearing the matter may
[Title 46 RCW—page 125]
46.29.050
Title 46 RCW: Motor Vehicles
modify, affirm or reverse the order of the director in whole or
in part. [1998 c 41 § 7; 1963 c 169 § 4.]
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
46.29.050
46.29.050 Furnishing driving record and evidence of
ability to respond in damages—Fees. (1) The department
shall upon request furnish any person or his attorney a certified abstract of his driving record, which abstract shall
include enumeration of any motor vehicle accidents in which
such person has been involved. Such abstract shall (a) indicate the total number of vehicles involved, whether the vehicles were legally parked or moving, and whether the vehicles
were occupied at the time of the accident; and (b) contain reference to any convictions of the person for violation of the
motor vehicle laws as reported to the department, reference to
any findings that the person has committed a traffic infraction
which have been reported to the department, and a record of
any vehicles registered in the name of the person. The department shall collect for each abstract the sum of five dollars,
which shall be deposited in the highway safety fund.
(2) The department shall upon request furnish any person
who may have been injured in person or property by any
motor vehicle, with an abstract of all information of record in
the department pertaining to the evidence of the ability of any
driver or owner of any motor vehicle to respond in damages.
The department shall collect for each abstract the sum of five
dollars, which shall be deposited in the highway safety fund.
[2002 c 352 § 19; 1987 1st ex.s. c 9 § 1; 1985 ex.s. c 1 § 10;
1979 ex.s. c 136 § 63; 1969 ex.s. c 40 § 1; 1967 c 174 § 1;
1963 c 169 § 5.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Severability—1987 1st ex.s. c 9: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 1st ex.s. c 9 § 11.]
Effective date—1987 1st ex.s. c 9: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the
state government and its existing public institutions, and shall take effect
July 1, 1987." [1987 1st ex.s. c 9 § 12.]
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective date—1967 c 174: "Sections 1, 2, 3 and 4 of this amendatory
act shall become effective July 1, 1967." [1967 c 174 § 7.]
Abstract of driving record furnished to insurance company: RCW
46.52.130.
SECURITY FOLLOWING ACCIDENT
lishing the property damage threshold at which the provisions
of this chapter apply with respect to the deposit of security
and suspensions for failure to deposit security. Beginning
October 1, 1987, the property damage threshold shall be five
hundred dollars. The thresholds shall be revised when necessary, but not more frequently than every two years. The revisions shall only be for the purpose of recognizing economic
changes as reflected by an inflationary index recommended
by the office of financial management. The revisions shall be
guided by the change in the index for the time period since
the last revision and by the threshold established by the chief
of the Washington state patrol for the filing of accident
reports as provided in RCW 46.52.030. [1987 c 463 § 1;
1977 ex.s. c 369 § 1; 1971 ex.s. c 22 § 2; 1963 c 169 § 6.]
46.29.070
46.29.070 Department to determine amount of security required—Notices. (1) The department, not less than
twenty days after receipt of a report of an accident as
described in the preceding section, shall determine the
amount of security which shall be sufficient in its judgment to
satisfy any judgment or judgments for damages resulting
from such accident as may be recovered against each driver
or owner. Such determination shall not be made with respect
to drivers or owners who are exempt under succeeding sections of this chapter from the requirements as to security and
suspension.
(2) The department shall determine the amount of security deposit required of any person upon the basis of the
reports or other information submitted. In the event a person
involved in an accident as described in this chapter fails to
make a report or submit information indicating the extent of
his injuries or the damage to his property within one hundred
eighty days after the accident and the department does not
have sufficient information on which to base an evaluation of
such injuries or damage, then the department after reasonable
notice to such person, if it is possible to give such notice, otherwise without such notice, shall not require any deposit of
security for the benefit or protection of such person.
(3) The department after receipt of report of any accident
referred to herein and upon determining the amount of security to be required of any person involved in such accident or
to be required of the owner of any vehicle involved in such
accident shall give written notice to every such person of the
amount of security required to be deposited by him and that
an order of suspension will be made as hereinafter provided
not less than twenty days and not more than sixty days after
the sending of such notice unless within said time security be
deposited as required by said notice. [1981 c 309 § 1; 1979 c
78 § 1; 1963 c 169 § 7.]
46.29.060
46.29.060 Application of sections requiring deposit of
security and suspensions for failure to deposit security.
The provisions of this chapter, requiring deposit of security
and suspensions for failure to deposit security, subject to certain exemptions, shall apply to the driver and owner of any
vehicle of a type subject to registration under the motor vehicle laws of this state which is in any manner involved in an
accident within this state, which accident has resulted in
bodily injury or death of any person or damage to the property of any one person to an apparent extent equal to or
greater than the minimum amount established by rule
adopted by the director. The director shall adopt rules estab[Title 46 RCW—page 126]
Proof of financial security for the future required in addition to security after
accident: RCW 46.29.420.
46.29.080 Exceptions as to requirement of security.
The requirements as to security and suspension in this chapter shall not apply:
(1) To the driver or owner if the owner had in effect at
the time of the accident an automobile liability policy or bond
with respect to the vehicle involved in the accident, except
that a driver shall not be exempt under this subsection if at the
time of the accident the vehicle was being operated without
the owner's permission, express or implied;
46.29.080
(2004 Ed.)
Financial Responsibility
(2) To the driver, if not the owner of the vehicle involved
in the accident, if there was in effect at the time of the accident an automobile liability policy or bond with respect to his
driving of vehicles not owned by him;
(3) To the driver, if not the owner of the vehicle involved
in the accident, if there was in effect at the time of the accident an automobile liability policy or bond as to which there
is a bona fide dispute concerning coverage of such driver as
evidenced by the pendency of litigation seeking a declaration
of said driver's coverage under such policy or bond;
(4) To the driver, whether or not the owner, if there is a
bona fide claim on the part of the driver that there was in
effect at the time of the accident, an automobile liability policy or bond insuring or covering such driver;
(5) To any person qualifying as a self-insurer under
RCW 46.29.630 or to any person operating a vehicle for such
self-insurer;
(6) To the driver or the owner of a vehicle involved in an
accident wherein no injury or damage was caused to the person or property of anyone other than such driver or owner;
(7) To the driver or owner of a vehicle which at the time
of the accident was parked, unless such vehicle was parked at
a place where parking was at the time of the accident prohibited under any applicable law or ordinance;
(8) To the owner of a vehicle if at the time of the accident
the vehicle was being operated without his permission,
express or implied, or was parked by a person who had been
operating such vehicle without such permission, except if the
vehicle was operated by his minor child or spouse;
(9) To the owner of a vehicle involved in an accident if
at the time of the accident such vehicle was owned by or
leased to the United States, this state or any political subdivision of this state or a municipality thereof, or to the driver of
such vehicle if operating such vehicle with permission; or
(10) To the driver or the owner of a vehicle in the event
at the time of the accident the vehicle was being operated by
or under the direction of a police officer who, in the performance of his duties, shall have assumed custody of such vehicle. [1965 c 124 § 1; 1963 c 169 § 8.]
46.29.090 Requirements as to policy or bond. (1) No
policy or bond is effective under RCW 46.29.080 unless
issued by an insurance company or surety company authorized to do business in this state, except as provided in subsection (2) of this section, nor unless such policy or bond is
subject, if the accident has resulted in bodily injury or death,
to a limit, exclusive of interest and costs, of not less than
twenty-five thousand dollars because of bodily injury to or
death of one person in any one accident and, subject to said
limit for one person, to a limit of not less than fifty thousand
dollars because of bodily injury to or death of two or more
persons in any one accident, and if the accident has resulted
in injury to, or destruction of, property to a limit of not less
than ten thousand dollars because of injury to or destruction
of property of others in any one accident.
(2) No policy or bond is effective under RCW 46.29.080
with respect to any vehicle which was not registered in this
state or was a vehicle which was registered elsewhere than in
this state at the effective date of the policy or bond or the
most recent renewal thereof, unless the insurance company or
surety company issuing such policy or bond is authorized to
46.29.090
(2004 Ed.)
46.29.120
do business in this state, or if said company is not authorized
to do business in this state, unless it executes a power of attorney authorizing the director of licensing to accept service on
its behalf of notice or process in any action upon such policy
or bond arising out of such accident.
(3) The department may rely upon the accuracy of the
information in a required report of an accident as to the existence of insurance or a bond unless and until the department
has reason to believe that the information is erroneous. [1980
c 117 § 3; 1979 c 158 § 155; 1967 ex.s. c 3 § 1; 1963 c 169 §
9.]
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: "This amendatory act shall take effect
on July 1, 1968." [1967 ex.s. c 3 § 6.]
46.29.100
46.29.100 Form and amount of security. (1) The
security required under this chapter shall be in such form and
in such amount as the department may require, but in no case
in excess of the limits specified in RCW 46.29.090 in reference to the acceptable limits of a policy or bond.
(2) Every depositor of security shall designate in writing
every person in whose name such deposit is made and may at
any time change such designation, but any single deposit of
security shall be applicable only on behalf of persons
required to furnish security because of the same accident.
[1963 c 169 § 10.]
46.29.110
46.29.110 Failure to deposit security—Suspensions.
If a person required to deposit security under this chapter fails
to deposit such security within sixty days after the department has sent the notice as hereinbefore provided, the department shall thereupon suspend:
(1) The driver's license of each driver in any manner
involved in the accident;
(2) The driver's license of the owner of each vehicle of a
type subject to registration under the laws of this state
involved in the accident;
(3) If the driver or owner is a nonresident, the privilege
of operating within this state a vehicle of a type subject to
registration under the laws of this state.
Such suspensions shall be made in respect to persons
required by the department to deposit security who fail to
deposit such security except as otherwise provided under succeeding sections of this chapter. [1990 c 250 § 51; 1987 c
378 § 1; 1967 c 32 § 37; 1963 c 169 § 11.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.29.120
46.29.120 Release from liability. (1) A person shall be
relieved from the requirement for deposit of security for the
benefit or protection of another person injured or damaged in
the accident in the event he is released from liability by such
other person.
(2) In the event the department has evaluated the injuries
or damage to any minor the department may accept, for the
purposes of this chapter only, evidence of a release from liability executed by a natural guardian or a legal guardian on
behalf of such minor without the approval of any court or
judge. [1965 c 124 § 2; 1963 c 169 § 12.]
[Title 46 RCW—page 127]
46.29.130
Title 46 RCW: Motor Vehicles
46.29.130
46.29.130 Adjudication of nonliability. A person shall
be relieved from the requirement for deposit of security in
respect to a claim for injury or damage arising out of the accident in the event such person has been finally adjudicated not
to be liable in respect to such claim. [1963 c 169 § 13.]
46.29.140
46.29.140 Agreements for payment of damages. (1)
Any two or more of the persons involved in or affected by an
accident as described in RCW 46.29.060 may at any time
enter into a written agreement for the payment of an agreed
amount with respect to all claims of any of such persons
because of bodily injury to or death or property damage arising from such accident, which agreement may provide for
payment in installments, and may file a signed copy thereof
with the department.
(2) The department, to the extent provided by any such
written agreement filed with it, shall not require the deposit
of security and shall terminate any prior order of suspension,
or, if security has previously been deposited, the department
shall immediately return such security to the depositor or his
personal representative.
(3) In the event of a default in any payment under such
agreement and upon notice of such default the department
shall take action suspending the license of such person in
default as would be appropriate in the event of failure of such
person to deposit security when required under this chapter.
(4) Such suspension shall remain in effect and such
license shall not be restored unless and until:
(a) Security is deposited as required under this chapter in
such amount as the department may then determine,
(b) When, following any such default and suspension,
the person in default has paid the balance of the agreed
amount,
(c) When, following any such default and suspension,
the person in default has resumed installment payments under
an agreement acceptable to the creditor, or
(d) Three years have elapsed following the accident and
evidence satisfactory to the department has been filed with it
that during such period no action at law upon such agreement
has been instituted and is pending. [1981 c 309 § 2; 1963 c
169 § 14.]
46.29.150
46.29.150 Payment upon judgment. The payment of a
judgment arising out of an accident or the payment upon such
judgment of an amount equal to the maximum amount which
could be required for deposit under this chapter shall, for the
purposes of this chapter, release the judgment debtor from the
liability evidenced by such judgment. [1963 c 169 § 15.]
46.29.160
46.29.160 Termination of security requirement. The
department, if satisfied as to the existence of any fact which
under RCW 46.29.120, 46.29.130, 46.29.140 or 46.29.150
would entitle a person to be relieved from the security
requirements of this chapter, shall not require the deposit of
security by the person so relieved from such requirement, or
if security has previously been deposited by such person, the
department shall immediately return such deposit to such person or to his personal representative. [1963 c 169 § 16.]
[Title 46 RCW—page 128]
46.29.170 Duration of suspension. Unless a suspension is terminated under other provisions of this chapter, any
order of suspension by the department under this chapter
shall remain in effect and no license shall be renewed for or
issued to any person whose license is so suspended until:
(1) Such person shall deposit or there shall be deposited
on his behalf the security required under this chapter, or
(2) Three years have elapsed following the date of the
accident resulting in such suspension and evidence satisfactory to the department has been filed with it that during such
period no action for damages arising out of the accident
resulting in such suspension has been instituted.
An affidavit of the applicant that no action at law for
damages arising out of the accident has been filed against him
or, if filed, that it is not still pending shall be prima facie evidence of that fact. The department may take whatever steps
are necessary to verify the statement set forth in any said affidavit. [1981 c 309 § 3; 1963 c 169 § 17.]
46.29.170
46.29.180 Application to nonresidents, unlicensed
drivers, unregistered vehicles, and accidents in other
states. (1) In case the driver or the owner of a vehicle of a
type subject to registration under the laws of this state
involved in an accident within this state has no driver's
license in this state, then such driver shall not be allowed a
driver's license until he has complied with the requirements
of this chapter to the same extent that would be necessary if,
at the time of the accident, he had held a license or been the
owner of a vehicle registered in this state.
(2) When a nonresident's driving privilege is suspended
pursuant to RCW 46.29.110, the department shall transmit a
certified copy of the record or abstract of such action to the
official in charge of the issuance of licenses and registration
certificates in the state in which such nonresident resides, if
the law of such other state provided for action in relation
thereto similar to that provided for in subsection (3) of this
section.
(3) Upon receipt of such certification that the driving
privilege of a resident of this state has been suspended or
revoked in any such other state pursuant to a law providing
for its suspension or revocation for failure to deposit security
for the payment of judgments arising out of a motor vehicle
accident, under circumstances which would require the
department to suspend a nonresident's driving privilege had
the accident occurred in this state, the department shall suspend the license of such resident. Such suspension shall continue until such resident furnishes evidence of his compliance
with the law of such other state relating to the deposit of such
security. [1967 c 32 § 38; 1963 c 169 § 18.]
46.29.180
46.29.190 Authority of department to decrease
amount of security. The department may reduce the amount
of security ordered in any case if in its judgment the amount
ordered is excessive. In case the security originally ordered
has been deposited, the excess deposit over the reduced
amount ordered shall be returned to the depositor or his personal representative forthwith. [1965 c 124 § 3; 1963 c 169 §
19.]
46.29.190
46.29.200 Correction of action by department.
Whenever the department has taken any action or has failed
46.29.200
(2004 Ed.)
Financial Responsibility
to take any action under this chapter by reason of having
received erroneous information, then upon receiving correct
information within three years after the date of an accident
the department shall take appropriate action to carry out the
purposes and effect of this chapter. The foregoing, however,
shall not be deemed to require the department to reevaluate
the amount of any deposit required under this chapter. [1967
c 61 § 1; 1965 c 124 § 4; 1963 c 169 § 20.]
46.29.210
46.29.210 Custody of security. The department shall
place any security deposited with it under this chapter in the
custody of the state treasurer. [1963 c 169 § 21.]
46.29.220
46.29.220 Disposition of security. (1) Such security
shall be applicable and available only:
(a) For the payment of any settlement agreement covering any claim arising out of the accident upon instruction of
the person who made the deposit, or
(b) For the payment of a judgment or judgments, rendered against the person required to make the deposit, for
damages arising out of the accident in an action at law begun
not later than three years after the date of the accident.
(2) Every distribution of funds from the security deposits
shall be subject to the limits of the department's evaluation on
behalf of a claimant. [1981 c 309 § 4; 1963 c 169 § 22.]
46.29.280
vehicle laws, or who have failed to pay judgments upon
causes of action arising out of ownership, maintenance or use
of vehicles of a type subject to registration under the laws of
this state, or who having driven or owned a vehicle involved
in an accident are required to deposit security under the provisions of RCW 46.29.070. [1963 c 169 § 25.]
46.29.260
46.29.260 Meaning of "proof of financial responsibility for the future." The term "proof of financial responsibility for the future" as used in this chapter means: Proof of
ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of said proof,
arising out of the ownership, maintenance, or use of a vehicle
of a type subject to registration under the laws of this state, in
the amount of twenty-five thousand dollars because of bodily
injury to or death of one person in any one accident, and, subject to said limit for one person, in the amount of fifty thousand dollars because of bodily injury to or death of two or
more persons in any one accident, and in the amount of ten
thousand dollars because of injury to or destruction of property of others in any one accident. Wherever used in this
chapter the terms "proof of financial responsibility" or
"proof" shall be synonymous with the term "proof of financial responsibility for the future." [1980 c 117 § 4; 1967 ex.s.
c 3 § 2; 1963 c 169 § 26.]
Effective date—1980 c 117: See note following RCW 48.22.030.
46.29.230
46.29.230 Return of deposit. Upon the expiration of
three years from the date of the accident resulting in the security requirement, any security remaining on deposit shall be
returned to the person who made such deposit or to his personal representative if an affidavit or other evidence satisfactory to the department has been filed with it:
(1) That no action for damages arising out of the accident
for which deposit was made is pending against any person on
whose behalf the deposit was made, and
(2) That there does not exist any unpaid judgment rendered against any such person in such an action.
The foregoing provisions of this section shall not be construed to limit the return of any deposit of security under any
other provision of this chapter authorizing such return. [1981
c 309 § 5; 1963 c 169 § 23.]
46.29.240
46.29.240 Certain matters not evidence in civil suits.
The report required following an accident, the action taken by
the department pursuant to this chapter, the findings, if any,
of the department upon which such action is based, and the
security filed as provided in this chapter, shall not be referred
to in any way, and shall not be any evidence of the negligence
or due care of either party, at the trial of any action at law to
recover damages. [1963 c 169 § 24.]
PROOF OF FINANCIAL RESPONSIBILITY
FOR THE FUTURE
Effective date—1967 ex.s. c 3: See note following RCW 46.29.090.
46.29.270
46.29.270 Meaning of "judgment" and "state." The
following words and phrases when used in this chapter shall,
for the purpose of this chapter, have the meanings respectively ascribed to them in this section.
(1) The term "judgment" shall mean: Any judgment
which shall have become final by expiration without appeal
of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court
of competent jurisdiction of any state or of the United States,
upon a cause of action arising out of the ownership, maintenance or use of any vehicle of a type subject to registration
under the laws of this state, for damages, including damages
for care and loss of services, because of bodily injury to or
death of any person, or for damages because of injury to or
destruction of property, including the loss of use thereof, or
upon a cause of action on an agreement of settlement for such
damages. The first page of a judgment must include a judgment summary that states damages are awarded under this
section and the clerk of the court must give notice as outlined
in RCW 46.29.310.
(2) The term "state" shall mean: Any state, territory, or
possession of the United States, the District of Columbia, or
any province of the Dominion of Canada. [1999 c 296 § 2;
1963 c 169 § 27.]
46.29.280
46.29.250
46.29.250 Application of sections requiring deposit of
proof of financial responsibility for the future. The provisions of this chapter requiring the deposit of proof of financial responsibility for the future, subject to certain exemptions, shall apply with respect to persons who have been convicted of or forfeited bail for certain offenses under motor
(2004 Ed.)
46.29.280 Suspension continues until proof furnished. Whenever, under any law of this state, the license of
any person is suspended or revoked by reason of a conviction, forfeiture of bail, or finding that a traffic infraction has
been committed, the suspension or revocation hereinbefore
required shall remain in effect and the department shall not
issue to such person any new or renewal of license until per[Title 46 RCW—page 129]
46.29.290
Title 46 RCW: Motor Vehicles
mitted under the motor vehicle laws of this state, and not then
unless and until such person shall give and thereafter maintain proof of financial responsibility for the future. Upon
receiving notice of the termination or cancellation of proof of
financial responsibility for the future, the department shall
resuspend or rerevoke the person's driving privilege until the
person again gives and thereafter maintains proof of financial
responsibility for the future. [1985 c 157 § 1; 1979 ex.s. c
136 § 64; 1963 c 169 § 28.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.29.290
46.29.290 Action in respect to unlicensed person. If a
person has no license, but by final order or judgment is convicted of or forfeits any bail or collateral deposited to secure
an appearance for trial for any offense requiring the suspension or revocation of license, no license shall be thereafter
issued to such person unless he shall give and thereafter
maintain proof of financial responsibility for the future.
[1965 c 124 § 5; 1963 c 169 § 29.]
46.29.300
46.29.300 Action in respect to nonresidents. Whenever the department suspends or revokes a nonresident's driving privilege by reason of a conviction, forfeiture of bail, or
finding that a traffic infraction has been committed such privilege shall remain so suspended or revoked unless such person shall have previously given or shall immediately give and
thereafter maintain proof of financial responsibility for the
future. [1979 ex.s. c 136 § 65; 1967 c 32 § 39; 1963 c 169 §
30.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.29.310
46.29.310 When courts to report nonpayment of
judgments. Whenever any person fails within thirty days to
satisfy any judgment, then it shall be the duty of the clerk of
the court, or of the judge of a court which has no clerk, in
which any such judgment is rendered within this state to forward immediately to the department the following:
(1) A certified copy or abstract of such judgment;
(2) A certificate of facts relative to such judgment;
(3) Where the judgment is by default, a certified copy or
abstract of that portion of the record which indicates the manner in which service of summons was effectuated and all the
measures taken to provide the defendant with timely and
actual notice of the suit against him. [1969 ex.s. c 44 § 1;
1963 c 169 § 31.]
46.29.320
46.29.320 Further action with respect to nonresidents. If the defendant named in any certified copy or
abstract of a judgment reported to the department is a nonresident, the department shall transmit those certificates furnished to it under RCW 46.29.310 to the official in charge of
the issuance of licenses and registrations of the state of which
the defendant is a resident. [1969 ex.s. c 44 § 2; 1963 c 169
§ 32.]
shall forthwith suspend the license and any nonresident's
driving privilege of any person against whom such judgment
was rendered, except as otherwise provided in this chapter.
[1990 c 250 § 52; 1969 ex.s. c 44 § 3; 1967 c 32 § 40; 1963 c
169 § 33.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.29.340
46.29.340 Exception in relation to government vehicles. The provisions of RCW 46.29.330 shall not apply with
respect to any such judgment arising out of an accident
caused by the ownership or operation, with permission, of a
vehicle owned or leased to the United States, this state or any
political subdivision of this state or a municipality thereof.
[1963 c 169 § 34.]
46.29.350
46.29.350 Exception when consent granted by judgment creditor. If the judgment creditor consents in writing,
in such form as the department may prescribe, that the judgment debtor be allowed a license or nonresident's driving
privilege, the same may be allowed by the department, in its
discretion, for six months from the date of such consent and
thereafter until such consent is revoked in writing, notwithstanding default in the payment of such judgment, or of any
installments thereof prescribed in RCW 46.29.400, provided
the judgment debtor furnishes proof of financial responsibility. [1967 c 32 § 41; 1963 c 169 § 35.]
46.29.360
46.29.360 Exception when insurer liable. No license
or nonresident's driving privilege of any person shall be suspended under the provisions of this chapter if the department
shall find that an insurer was obligated to pay the judgment
upon which suspension is based, at least to the extent and for
the amounts required in this chapter, but has not paid such
judgment for any reason. A finding by the department that an
insurer is obligated to pay a judgment shall not be binding
upon such insurer and shall have no legal effect whatever
except for the purpose of administering this section. If the
department finds that no insurer is obligated to pay such a
judgment, the judgment debtor may file with the department
a written notice of his intention to contest such finding by an
action in the superior court. In such a case the license or the
nonresident's driving privilege of such judgment debtor shall
not be suspended by the department under the provisions of
this chapter for thirty days from the receipt of such notice nor
during the pendency of any judicial proceedings brought in
good faith to determine the liability of an insurer so long as
the proceedings are being diligently prosecuted to final judgment by such judgment debtor. Whenever in any judicial proceedings it shall be determined by any final judgment, decree
or order that an insurer is not obligated to pay any such judgment, the department, notwithstanding any contrary finding
theretofore made by it, shall forthwith suspend the license
and any nonresident's driving privilege of any person against
whom such judgment was rendered, as provided in RCW
46.29.330. [1967 c 32 § 42; 1963 c 169 § 36.]
46.29.370
46.29.330
46.29.330 Suspension for nonpayment of judgments.
The department upon receipt of the certificates provided for
by RCW 46.29.310, on a form provided by the department,
[Title 46 RCW—page 130]
46.29.370 Suspension continues until judgments paid
and proof given. Such license and nonresident's driving
privilege shall remain so suspended and shall not be renewed,
nor shall any such license be thereafter issued in the name of
(2004 Ed.)
Financial Responsibility
such person, including any such person not previously
licensed, unless and until every such judgment is stayed, satisfied in full or to the extent hereinafter provided and until the
said person gives proof of financial responsibility subject to
the exemptions stated in RCW 46.29.350, 46.29.360 and
46.29.400. [1967 c 32 § 43; 1963 c 169 § 37.]
46.29.390
46.29.390 Payments sufficient to satisfy requirements. (1) Judgments herein referred to are, for the purpose
of this chapter only, deemed satisfied:
(a) When twenty-five thousand dollars has been credited
upon any judgment or judgments rendered in excess of that
amount because of bodily injury to or death of one person as
the result of any one accident; or
(b) When, subject to such limit of twenty-five thousand
dollars because of bodily injury to or death of one person, the
sum of fifty thousand dollars has been credited upon any
judgment or judgments rendered in excess of that amount
because of bodily injury to or death of two or more persons as
the result of any one accident; or
(c) When ten thousand dollars has been credited upon
any judgment or judgments rendered in excess of that amount
because of injury to or destruction of property of others as a
result of any one accident.
(2) Payments made in settlements of any claims because
of bodily injury, death, or property damage arising from such
accident shall be credited in reduction of the amounts provided for in this section. [1980 c 117 § 5; 1979 c 61 § 14;
1967 ex.s. c 3 § 3; 1963 c 169 § 39.]
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: See note following RCW 46.29.090.
46.29.400
46.29.400 Installment payment of judgments—
Default. (1) A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment
was rendered for the privilege of paying such judgment in
installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of
payment of the installments.
(2) The department shall not suspend a license or nonresident's driving privilege, and shall restore any license or nonresident's driving privilege suspended following nonpayment
of a judgment, when the judgment debtor gives proof of
financial responsibility and obtain such an order permitting
the payment of such judgment in installments, and while the
payment of any said installments is not in default. [1967 c 32
§ 44; 1963 c 169 § 40.]
46.29.460
of another person injured or damaged in an accident, shall in
addition be required to give proof of financial responsibility
for the future. The department shall give written notice of
such additional requirement to every such person at the time
and in the manner provided in RCW 46.29.070 for giving
notice of the requirement for security. [1963 c 169 § 42.]
46.29.430
46.29.430 Additional proof required—Suspension or
revocation for failure to give proof. If a person required to
give proof of financial responsibility under RCW 46.29.420
fails to give such proof within sixty days after the department
has sent notice as hereinbefore provided, the department shall
suspend, or continue in effect any existing suspension or
revocation of, the license or any nonresident's driving privilege of the person. [1990 c 250 § 53; 1987 c 371 § 1; 1967 c
32 § 46; 1963 c 169 § 43.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.29.440
46.29.440 Additional proof required—Suspension to
continue until proof given and maintained. Such license
or nonresident's driving privilege shall remain so suspended
and shall not be renewed, nor shall any such license be thereafter issued in the name of such person, including any such
person not previously licensed, unless and until such person
shall give and thereafter maintain proof of financial responsibility for the future. The furnishing of such proof shall permit
such person to operate only a motor vehicle covered by such
proof. The department shall endorse appropriate restrictions
on the license held by such person or may issue a new license
containing such restrictions. [1967 c 32 § 47; 1965 c 124 § 6;
1963 c 169 § 44.]
46.29.450
46.29.450 Alternate methods of giving proof. Proof of
financial responsibility when required under this chapter,
with respect to such a vehicle or with respect to a person who
is not the owner of such a vehicle, may be given by filing:
(1) A certificate of insurance as provided in RCW
46.29.460 or 46.29.470;
(2) A bond as provided in RCW 46.29.520;
(3) A certificate of deposit of money or securities as provided in RCW 46.29.550; or
(4) A certificate of self-insurance, as provided in RCW
46.29.630, supplemented by an agreement by the self-insurer
that, with respect to accidents occurring while the certificate
is in force, he will pay the same amounts that an insurer
would have been obliged to pay under an owner's motor vehicle liability policy if it had issued such a policy to said selfinsurer. [1963 c 169 § 45.]
46.29.410
46.29.410 Action if breach of agreement. In the event
the judgment debtor fails to pay any installment as specified
by such order, then upon notice of such default, the department shall forthwith suspend the license or nonresident's
driving privilege of the judgment debtor until such judgment
is satisfied, as provided in this chapter. [1967 c 32 § 45; 1963
c 169 § 41.]
46.29.420
46.29.420 Proof required in addition to deposit of
security after accident. Any person required to deposit
security under RCW 46.29.070, for the benefit or protection
(2004 Ed.)
46.29.460
46.29.460 Certificate of insurance as proof. Proof of
financial responsibility for the future may be furnished by filing with the department the written certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for
the benefit of the person required to furnish proof of financial
responsibility. Such certificate shall give the effective date of
such motor vehicle liability policy, which date shall be the
same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all
vehicles covered thereby, unless the policy is issued to a per[Title 46 RCW—page 131]
46.29.470
Title 46 RCW: Motor Vehicles
son who is not the owner of a motor vehicle. [1963 c 169 §
46.]
46.29.470
46.29.470 Certificate furnished by nonresident as
proof. A nonresident may give proof of financial responsibility by filing with the department a written certificate or
certificates of an insurance carrier authorized to transact business in the state in which the vehicle, or vehicles, owned by
such nonresident is registered, or in the state in which such
nonresident resides, if he does not own a vehicle, provided
such certificate otherwise conforms with the provisions of
this chapter, and the department shall accept the same upon
condition that said insurance carrier complies with the following provisions with respect to the policies so certified:
(1) Said insurance carrier shall execute a power of attorney authorizing the director to accept service on its behalf of
notice or process in any action arising out of a motor vehicle
accident in this state;
(2) Said insurance carrier shall agree in writing that such
policies shall be deemed to conform with the laws of this
state relating to the terms of motor vehicle liability policies
issued therein. [1963 c 169 § 47.]
46.29.480
46.29.480 Default by nonresident insurer. If any
insurance carrier not authorized to transact business in this
state, which has qualified to furnish proof of financial responsibility, defaults in any said undertakings or agreements, the
department shall not thereafter accept as proof any certificate
of said carrier whether theretofore filed or thereafter tendered
as proof, so long as such default continues. [1963 c 169 §
48.]
46.29.490
46.29.490 "Motor vehicle liability policy" defined.
(1) Certification. A "motor vehicle liability policy" as said
term is used in this chapter means an "owner's policy" or an
"operator's policy" of liability insurance, certified as provided in RCW 46.29.460 or 46.29.470 as proof of financial
responsibility for the future, and issued, except as otherwise
provided in RCW 46.29.470, by an insurance carrier duly
authorized to transact business in this state, to or for the benefit of the person named in the policy as insured.
(2) Owner's policy. Such owner's policy of liability
insurance:
(a) Shall designate by explicit description or by appropriate reference all vehicles with respect to which coverage is to
be granted by the policy; and
(b) Shall insure the person named therein and any other
person, as insured, using any such vehicle or vehicles with
the express or implied permission of such named insured,
against loss from the liability imposed by law for damages
arising out of the ownership, maintenance, or use of such
vehicle or vehicles within the United States of America or the
Dominion of Canada, subject to limits exclusive of interest
and costs, with respect to each such vehicle as follows:
Twenty-five thousand dollars because of bodily injury to or
death of one person in any one accident and, subject to said
limit for one person, fifty thousand dollars because of bodily
injury to or death of two or more persons in any one accident,
and ten thousand dollars because of injury to or destruction of
property of others in any one accident.
[Title 46 RCW—page 132]
(3) Operator's policy. Such operator's policy of liability
insurance shall insure the person named as insured therein
against loss from the liability imposed upon him by law for
damages arising out of the use by him of any motor vehicle
not owned by him, within the same territorial limits and subject to the same limits of liability as are set forth above with
respect to an owner's policy of liability insurance.
(4) Required statements in policies. Such motor vehicle
liability policy shall state the name and address of the named
insured, the coverage afforded by the policy, the premium
charged therefor, the policy period, and the limits of liability,
and shall contain an agreement or be endorsed that insurance
is provided under the policy in accordance with the coverage
defined in this chapter as respects bodily injury and death or
property damage, or both, and is subject to all the provisions
of this chapter.
(5) Policy need not insure workers' compensation, etc.
Such motor vehicle liability policy need not insure any liability under any workers' compensation law nor any liability on
account of bodily injury or death of an employee of the
insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance, or repair of any such vehicle nor any liability for damage to property owned by, rented to, in charge of, or transported by the insured.
(6) Provisions incorporated in policy. Every motor vehicle liability policy is subject to the following provisions
which need not be contained therein:
(a) The liability of the insurance carrier with respect to
the insurance required by this chapter becomes absolute
whenever injury or damage covered by said motor vehicle
liability policy occurs; said policy may not be canceled or
annulled as to such liability by any agreement between the
insurance carrier and the insured after the occurrence of the
injury or damage; no statement made by the insured or on his
behalf and no violation of said policy defeats or voids said
policy.
(b) The satisfaction by the insured of a judgment for such
injury or damage shall not be a condition precedent to the
right or duty of the insurance carrier to make payment on
account of such injury or damage.
(c) The insurance carrier may settle any claim covered
by the policy, and if such settlement is made in good faith, the
amount thereof is deductible from the limits of liability specified in subdivision (b) of subsection (2) of this section.
(d) The policy, the written application therefor, if any,
and any rider or endorsement which does not conflict with the
provisions of this chapter constitutes the entire contract
between the parties.
(7) Excess or additional coverage. Any policy which
grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in
addition to the coverage specified for a motor vehicle liability
policy, and such excess or additional coverage is not subject
to the provisions of this chapter. With respect to a policy
which grants such excess or additional coverage the term
"motor vehicle liability policy" applies only to that part of the
coverage which is required by this section.
(8) Reimbursement provision permitted. Any motor
vehicle liability policy may provide that the insured shall
reimburse the insurance carrier for any payment the insur(2004 Ed.)
Financial Responsibility
ance carrier would not have been obligated to make under the
terms of the policy except for the provisions of this chapter.
(9) Proration of insurance permitted. Any motor vehicle
liability policy may provide for the prorating of the insurance
thereunder with other valid and collectible insurance.
(10) Multiple policies. The requirements for a motor
vehicle liability policy may be fulfilled by the policies of one
or more insurance carrier which policies together meet such
requirements.
(11) Binders. Any binder issued pending the issuance of
a motor vehicle liability policy is deemed to fulfill the
requirements for such a policy. [1980 c 117 § 6; 1967 ex.s. c
3 § 4; 1963 c 169 § 49.]
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: See note following RCW 46.29.090.
46.29.500
46.29.500 Notice of cancellation or termination of
certified policy. When an insurance carrier has certified a
motor vehicle liability policy under RCW 46.29.460 or
46.29.470 the insurance so certified shall not be canceled or
terminated until at least ten days after a notice of cancellation
or termination of the insurance so certified shall be filed in
the department, except that such a policy subsequently procured and certified shall, on the effective date of its certification, terminate the insurance previously certified with respect
to any vehicle designated in both certificates. [1963 c 169 §
50.]
46.29.510
46.29.510 Chapter not to affect other policies. (1)
This chapter shall not be held to apply to or affect policies of
automobile insurance against liability which may now or
hereafter be required by any other law of this state, and such
policies, if they contain an agreement or are endorsed to conform with the requirements of this chapter, may be certified
as proof of financial responsibility under this chapter.
(2) This chapter shall not be held to apply to or affect
policies insuring solely the insured named in the policy
against liability resulting from the maintenance or use by persons in the insured's employ or on his behalf of vehicles not
owned by the insured. [1963 c 169 § 51.]
46.29.520
46.29.520 Bond as proof. Proof of financial responsibility may be evidenced by the bond of a surety company
duly authorized to transact business within this state, or a
bond with at least two individual sureties each owning real
estate within this state, and together having equities equal in
value to at least twice the amount of the bond, which real
estate shall be scheduled in the bond approved by a judge of
the superior court, which said bond shall be conditioned for
payment of the amounts specified in RCW 46.29.260. Such
bond shall be filed with the department and shall not be cancellable except after ten days written notice to the department. [1963 c 169 § 52.]
46.29.530
46.29.530 When bond constitutes a lien. Before a
bond with individual sureties is accepted by the department it
shall be recorded as other instruments affecting real property
in the county or counties wherein any real estate scheduled in
such bond is located. Such bond shall constitute a lien from
the date of such recording in favor of the state upon the real
(2004 Ed.)
46.29.570
estate so scheduled of any surety, which lien shall exist in
favor of any holder of a final judgment against the person
who has filed such bond, for damages, including damages for
care and loss of services, because of bodily injury to or death
of any person, or for damage because of injury to or destruction of property, including the loss of use thereof, resulting
from the ownership, maintenance, use or operation of a vehicle of a type subject to registration under the laws of this state
after such bond was filed. [1963 c 169 § 53.]
46.29.540
46.29.540 Action on bond. If a judgment, rendered
against the principal on any bond described in RCW
46.29.520, shall not be satisfied within thirty days after it has
become final, the judgment creditor may, for his own use and
benefit and at his sole expense, bring an action or actions in
the name of the state against the company or persons executing such bond, including an action or proceeding to foreclose
any lien that may exist upon the real estate of a person who
has executed such bond. Such an action to foreclose a lien
shall be prosecuted in the same manner as an action to foreclose a mortgage on real estate. [1963 c 169 § 54.]
46.29.550
46.29.550 Money or securities as proof. Proof of
financial responsibility may be evidenced by the certificate of
the state treasurer that the person named therein has deposited with him sixty thousand dollars in cash, or securities
such as may legally be purchased by savings banks or for
trust funds of a market value of sixty thousand dollars. The
state treasurer shall not accept any such deposit and issue a
certificate therefor and the department shall not accept such
certificate unless accompanied by evidence that there are no
unsatisfied judgments of any character against the depositor
in the county where the depositor resides. [1980 c 117 § 7;
1967 ex.s. c 3 § 5; 1963 c 169 § 55.]
Effective date—1980 c 117: See note following RCW 48.22.030.
Effective date—1967 ex.s. c 3: See note following RCW 46.29.090.
46.29.560
46.29.560 Application of deposit. Such deposit shall
be held by the state treasurer to satisfy, in accordance with the
provisions of this chapter, any execution on a judgment
issued against such person making the deposit, for damages,
including damages for care and loss of services, because of
bodily injury to or death of any person, or for damages
because of injury to or destruction of property, including the
loss of use thereof, resulting from the ownership, maintenance, use or operation of a vehicle of a type subject to registration under the laws of this state after such deposit was
made. Money or securities so deposited shall not be subject to
attachment or execution unless such attachment or execution
shall arise out of a suit for damages as aforesaid. Any interest
or other income accruing to such money or securities, so
deposited, shall be paid by the state treasurer to the depositor,
or his order, as received. [1963 c 169 § 56.]
46.29.570
46.29.570 Owner may give proof for others. The
owner of a motor vehicle may give proof of financial responsibility on behalf of his employee or a member of his immediate family or household in lieu of the furnishing of proof by
any said person. The furnishing of such proof shall permit
such person to operate only a motor vehicle covered by such
[Title 46 RCW—page 133]
46.29.580
Title 46 RCW: Motor Vehicles
proof. The department shall endorse appropriate restrictions
on the license held by such person, or may issue a new license
containing such restrictions. [1963 c 169 § 57.]
46.29.580
46.29.580 Substitution of proof. The department shall
consent to the cancellation of any bond or certificate of insurance or the department shall direct and the state treasurer
shall return any money or securities to the person entitled
thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this chapter. [1963 c 169 § 58.]
46.29.590
46.29.590 Other proof required, when. Whenever any
proof of financial responsibility filed under the provisions of
this chapter no longer fulfills the purposes for which
required, the department shall, for the purpose of this chapter,
require other proof as required by this chapter and shall suspend the license and registration pending the filing of such
other proof. [1963 c 169 § 59.]
46.29.600
46.29.600 Duration of proof—When proof may be
canceled or returned. (1) The department shall upon
request consent to the immediate cancellation of any bond or
certificate of insurance, or the department shall direct and the
state treasurer shall return to the person entitled thereto any
money or securities deposited pursuant to this chapter as
proof of financial responsibility, or the department shall
waive the requirement of filing proof, in any of the following
events:
(a) At any time after three years from the date such proof
was required when, during the three-year period preceding
the request, the department has not received record of a conviction, forfeiture of bail, or finding that a traffic infraction
has been committed which would require or permit the suspension or revocation of the license of the person by or for
whom such proof was furnished; or
(b) In the event of the death of the person on whose
behalf such proof was filed or the permanent incapacity of
such person to operate a motor vehicle; or
(c) In the event the person who has given proof surrenders his license to the department;
(2) Provided, however, that the department shall not consent to the cancellation of any bond or the return of any
money or securities in the event any action for damages upon
a liability covered by such proof is then pending or any judgment upon any such liability is then unsatisfied, or in the
event the person who has filed such bond or deposited such
money or securities has within one year immediately preceding such request been involved as a driver or owner in any
motor vehicle accident resulting in injury or damage to the
person or property of others. An affidavit of the applicant as
to the nonexistence of such facts, or that he has been released
from all of his liability, or has been finally adjudicated not to
be liable, for such injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the
records of the department.
(3) Whenever any person whose proof has been canceled
or returned under subdivision (1)(c) of this section applies for
a license within a period of three years from the date proof
was originally required, any such application shall be refused
[Title 46 RCW—page 134]
unless the applicant shall reestablish such proof for the
remainder of such three-year period. [1979 ex.s. c 136 § 66;
1963 c 169 § 60.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
VIOLATIONS
46.29.605
46.29.605 Suspension of registration, notice—Surrender of license plates—Penalties. (1) Whenever the
involvement in a motor vehicle accident in this state results in
the driving privilege of a person being suspended for failure
to pay a judgment or deposit security, the department shall
suspend the Washington registration of the motor vehicle if
the person driving at the time of the accident was also the registered owner of the motor vehicle.
(2) A notice of suspension shall be mailed by first class
mail to the owner's last known address of record in the
department and shall be effective notwithstanding the
owner's failure to receive the notice.
(3) Upon suspension of the registration of a motor vehicle, the registered owner shall surrender all vehicle license
plates registered to the vehicle. The department shall destroy
the license plates and, upon reinstatement of the registration,
shall issue new vehicle license plates as provided in RCW
46.16.270.
(4) Failure to surrender license plates under subsection
(3) of this section is a misdemeanor punishable by imprisonment for not less than one day nor more than five days and by
a fine of not less than fifty dollars nor more than two hundred
fifty dollars.
(5) No vehicle license plates or certificate of ownership
or registration for a motor vehicle may be issued and no vehicle license may be renewed during the time the registration of
the motor vehicle is suspended.
(6) Any person who operates a vehicle in this state while
the registration of the vehicle is suspended is guilty of a gross
misdemeanor and upon conviction thereof shall be imprisoned for not less than two days nor more than five days and
fined not less than one hundred dollars nor more than five
hundred dollars. [1981 c 309 § 6.]
46.29.610 Surrender of license—Penalty. (1) Any
person whose license shall have been suspended under any
provision of this chapter, or whose policy of insurance or
bond, when required under this chapter, shall have been canceled or terminated, shall immediately return the license to
the department.
(2) Any person willfully failing to return a license as
required in subsection (1) of this section is guilty of a misdemeanor. [1990 c 250 § 54; 1963 c 169 § 61.]
46.29.610
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Severability—1990 c 250: See note following RCW 46.16.301.
46.29.620 Forged proof—Penalty. Any person who
shall forge, or, without authority, sign any evidence of proof
of financial responsibility for the future, or who files or offers
for filing any such evidence of proof knowing or having reason to believe that it is forged or signed without authority,
shall be guilty of a gross misdemeanor. [1963 c 169 § 62.]
46.29.620
(2004 Ed.)
Mandatory Liability Insurance
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
MISCELLANEOUS
46.29.630
46.29.630 Self-insurers. (1) Any person in whose name
more than twenty-five vehicles are registered in this state
may qualify as a self-insurer by obtaining a certificate of selfinsurance issued by the department as provided in subsection
(2) of this section.
(2) The department may, in its discretion, upon the application of such a person, issue a certificate of self-insurance
when it is satisfied that such person is possessed and will continue to be possessed of ability to pay judgment obtained
against such person. Such certificate may be issued authorizing a person to act as a self-insurer for either property damage
or bodily injury, or both.
(3) Upon not less than five days' notice and a hearing
pursuant to such notice, the department may upon reasonable
grounds cancel a certificate of self-insurance. Failure to pay
any judgment within thirty days after such judgment shall
have become final shall constitute a reasonable ground for
the cancellation of a certificate of self-insurance. [1963 c 169
§ 63.]
Chapter 46.30
46.30.020
Chapter 46.30 RCW
MANDATORY LIABILITY INSURANCE
Sections
46.30.010
46.30.020
46.30.030
46.30.040
46.30.900
46.30.901
Legislative intent.
Liability insurance or other financial responsibility required—
Violations—Exceptions.
Insurance identification card.
Providing false evidence of financial responsibility—Penalty.
Severability—1989 c 353.
Effective date—1989 c 353.
46.30.010 Legislative intent. It is a privilege granted
by the state to operate a motor vehicle upon the highways of
this state. The legislature recognizes the threat that uninsured
drivers are to the people of the state. In order to alleviate the
threat posed by uninsured drivers it is the intent of the legislature to require that all persons driving vehicles registered in
this state satisfy the financial responsibility requirements of
this chapter. By enactment of this chapter it is not the intent
of the legislature to modify, amend, or invalidate existing
insurance contract terms, conditions, limitations, or exclusions or to preclude insurance companies from using similar
terms, conditions, limitations, or exclusions in future contracts. [1989 c 353 § 1.]
46.30.010
46.30.020 Liability insurance or other financial
responsibility required—Violations—Exceptions. (1)(a)
No person may operate a motor vehicle subject to registration
under chapter 46.16 RCW in this state unless the person is
insured under a motor vehicle liability policy with liability
limits of at least the amounts provided in RCW 46.29.090, is
self-insured as provided in RCW 46.29.630, is covered by a
certificate of deposit in conformance with RCW 46.29.550,
or is covered by a liability bond of at least the amounts provided in RCW 46.29.090. Written proof of financial responsibility for motor vehicle operation must be provided on the
request of a law enforcement officer in the format specified
under RCW 46.30.030.
(b) A person who drives a motor vehicle that is required
to be registered in another state that requires drivers and owners of vehicles in that state to maintain insurance or financial
responsibility shall, when requested by a law enforcement
officer, provide evidence of financial responsibility or insurance as is required by the laws of the state in which the vehicle is registered.
(c) When asked to do so by a law enforcement officer,
failure to display an insurance identification card as specified
under RCW 46.30.030 creates a presumption that the person
does not have motor vehicle insurance.
(d) Failure to provide proof of motor vehicle insurance is
a traffic infraction and is subject to penalties as set by the
supreme court under RCW 46.63.110 or community restitution.
(2) If a person cited for a violation of subsection (1) of
this section appears in person before the court or a violations
bureau and provides written evidence that at the time the person was cited, he or she was in compliance with the financial
responsibility requirements of subsection (1) of this section,
the citation shall be dismissed and the court or violations
bureau may assess court administrative costs of twenty-five
dollars at the time of dismissal. In lieu of personal appearance, a person cited for a violation of subsection (1) of this
46.30.020
46.29.640 Chapter not to prevent other process.
Nothing in this chapter shall be construed as preventing the
plaintiff in any action at law from relying for relief upon the
other processes provided by law. [1963 c 169 § 64.]
46.29.640
46.29.900
46.29.900 Construction—1963 c 169. RCW 46.29.010
through 46.29.640 shall be codified as a single chapter of the
Revised Code of Washington. RCW 46.29.010 through
46.29.050 shall be captioned "ADMINISTRATION." RCW
46.29.060 through 46.29.240 shall be captioned "SECURITY
FOLLOWING ACCIDENT." RCW 46.29.250 through
46.29.600 shall be captioned "PROOF OF FINANCIAL
RESPONSIBILITY FOR THE FUTURE." RCW 46.29.610
through 46.29.620 shall be captioned "VIOLATIONS OF
THIS CHAPTER." RCW 46.29.630 through 46.29.640 shall
be captioned "MISCELLANEOUS PROVISIONS RELATING TO FINANCIAL RESPONSIBILITY." Such captions
and subsection headings, as used in this chapter, do not constitute any part of the law. [1963 c 169 § 67.]
46.29.910 Severability—1963 c 169. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1963 c 169 § 68.]
46.29.910
46.29.920 Repeals and saving. Sections 46.24.010
through 46.24.910 and sections 46.28.010 through 46.28.200,
chapter 12, Laws of 1961 and RCW 46.24.010 through
46.24.910 and RCW 46.28.010 through 46.28.200 are each
repealed.
Such repeals shall not be construed as affecting any
existing right acquired under the statutes repealed, nor as
affecting any proceeding instituted thereunder, nor any rule,
regulation or order promulgated thereunder, nor any administrative action taken thereunder. [1963 c 169 § 69.]
46.29.920
(2004 Ed.)
[Title 46 RCW—page 135]
46.30.030
Title 46 RCW: Motor Vehicles
section may, before the date scheduled for the person's
appearance before the court or violations bureau, submit by
mail to the court or violations bureau written evidence that at
the time the person was cited, he or she was in compliance
with the financial responsibility requirements of subsection
(1) of this section, in which case the citation shall be dismissed without cost, except that the court or violations
bureau may assess court administrative costs of twenty-five
dollars at the time of dismissal.
(3) The provisions of this chapter shall not govern:
(a) The operation of a motor vehicle registered under
RCW 46.16.305(1), governed by RCW 46.16.020, or registered with the Washington utilities and transportation commission as common or contract carriers; or
(b) The operation of a motorcycle as defined in RCW
46.04.330, a motor-driven cycle as defined in RCW
46.04.332, or a moped as defined in RCW 46.04.304.
(4) RCW 46.29.490 shall not be deemed to govern all
motor vehicle liability policies required by this chapter but
only those certified for the purposes stated in chapter 46.29
RCW. [2003 c 221 § 1; 2002 c 175 § 35; 1991 sp.s. c 25 § 1;
1991 c 339 § 24; 1989 c 353 § 2.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Notice of liability insurance requirement: RCW 46.16.212.
46.30.030
46.30.030 Insurance identification card. (1) Whenever an insurance company issues or renews a motor vehicle
liability insurance policy, the company shall provide the policyholder with an identification card as specified by the
department of licensing. At the policyholder's request, the
insurer shall provide the policyholder a card for each vehicle
covered under the policy.
(2) The department of licensing shall adopt rules specifying the type, style, and content of insurance identification
cards to be used for proof of compliance with RCW
46.30.020, including the method for issuance of such identification cards by persons or organizations providing proof of
compliance through self-insurance, certificate of deposit, or
bond. In adopting such rules the department shall consider
the guidelines for insurance identification cards developed by
the insurance industry committee on motor vehicle administration. [1989 c 353 § 3.]
46.30.040
46.30.040 Providing false evidence of financial
responsibility—Penalty. Any person who knowingly provides false evidence of financial responsibility to a law
enforcement officer or to a court, including an expired or canceled insurance policy, bond, or certificate of deposit is guilty
of a misdemeanor. [1991 sp.s. c 25 § 2; 1989 c 353 § 4.]
46.30.900
46.30.900 Severability—1989 c 353. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 353 § 12.]
46.30.901
46.30.901 Effective date—1989 c 353. This act shall
take effect January 1, 1990. The director of the department of
licensing may immediately take such steps as are necessary
[Title 46 RCW—page 136]
to ensure that this act is implemented on its effective date.
[1989 c 353 § 13.]
Chapter 46.32
Chapter 46.32 RCW
VEHICLE INSPECTION
Sections
46.32.005
46.32.010
46.32.020
46.32.040
46.32.050
46.32.060
46.32.070
46.32.080
46.32.090
46.32.100
46.32.110
Definitions.
Buses and drivers—Inspection authorized—Stations—Duties
of state patrol—Penalties.
Rules—Supplies—Assistants.
Frequency of inspection—Inspection free.
Prohibited practices—Penalty.
Moving defective vehicle unlawful—Impounding authorized.
Inspection of damaged vehicle.
Commercial vehicle safety enforcement.
Fees.
Violations—Penalties.
Controlled substances, alcohol.
46.32.005
46.32.005 Definitions. For the purpose of this chapter
"commercial motor vehicle" means a self-propelled or towed
vehicle designed or used to transport passengers or property,
if the vehicle:
(1) Has a gross vehicle weight rating or gross combination weight rating of ten thousand one or more pounds;
(2) Is designed to transport sixteen or more passengers,
including the driver; or
(3) Is transporting hazardous materials and is required to
be identified by a placard in accordance with 49 C.F.R. Sec.
172.500-.560 (1991).
A recreational vehicle used for noncommercial purposes
is not considered a commercial motor vehicle. "Recreational
vehicle" includes a vehicle towing a horse trailer for a noncommercial purpose. [1993 c 403 § 1.]
46.32.010
46.32.010 Buses and drivers—Inspection authorized—Stations—Duties of state patrol—Penalties. (1)
The chief of the Washington state patrol may operate, maintain, or designate, throughout the state of Washington, stations for the inspection of school buses and private carrier
buses, with respect to vehicle equipment, drivers' qualifications, and hours of service and to set reasonable times when
inspection of vehicles shall be performed.
(2) The state patrol may inspect a commercial motor
vehicle while the vehicle is operating on the public highways
of this state with respect to vehicle equipment, hours of service, and driver qualifications.
(3) It is unlawful for any vehicle required to be inspected
to be operated over the public highways of this state unless
and until it has been approved periodically as to equipment.
(4) Inspections shall be performed by a responsible
employee of the chief of the Washington state patrol, who
shall be duly authorized and who shall have authority to
secure and withhold, with written notice to the director of
licensing, the certificate of license registration and license
plates of any vehicle found to be defective in equipment so as
to be unsafe or unfit to be operated upon the highways of this
state, and it shall be unlawful for any person to operate such
vehicle unless and until it has been placed in a condition satisfactory to pass a subsequent equipment inspection. The
police officer in charge of such vehicle equipment inspection
shall grant to the operator of such defective vehicle the privi(2004 Ed.)
Vehicle Inspection
lege to move such vehicle to a place for repair under such
restrictions as may be reasonably necessary.
(5) In the event any insignia, sticker, or other marker is
adopted to be displayed upon vehicles in connection with the
inspection of vehicle equipment, it shall be displayed as
required by the rules of the chief of the Washington state
patrol, and it is a traffic infraction for any person to mutilate,
destroy, remove, or otherwise interfere with the display
thereof.
(6) It is a traffic infraction for any person to refuse to
have his motor vehicle examined as required by the chief of
the Washington state patrol, or, after having had it examined,
to refuse to place an insignia, sticker, or other marker, if
issued, upon the vehicle, or fraudulently to obtain any such
insignia, sticker, or other marker, or to refuse to place his
motor vehicle in proper condition after having had it examined, or in any manner, to fail to conform to the provisions of
this chapter.
(7) It is a traffic infraction for any person to perform
false or improvised repairs, or repairs in any manner not in
accordance with acceptable and customary repair practices,
upon a motor vehicle. [1993 c 403 § 2; 1986 c 123 § 1; 1979
ex.s. c 136 § 67; 1979 c 158 § 156; 1967 c 32 § 48; 1961 c 12
§ 46.32.010. Prior: 1947 c 267 § 1; 1945 c 44 § 1; 1937 c 189
§ 7; Rem. Supp. 1947 § 6360-7.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.32.020
46.32.020 Rules—Supplies—Assistants. The chief of
the Washington state patrol may adopt reasonable rules
regarding types of vehicles to be inspected, inspection criteria, times for the inspection of vehicle equipment, drivers'
qualifications, hours of service, and all other matters with
respect to the conduct of vehicle equipment and driver
inspections.
The chief of the Washington state patrol shall prepare
and furnish such stickers, tags, record and report forms, stationery, and other supplies as shall be deemed necessary. The
chief of the Washington state patrol is empowered to appoint
and employ such assistants as he may consider necessary and
to fix hours of employment and compensation. [1993 c 403 §
3; 1986 c 123 § 2; 1961 c 12 § 46.32.020. Prior: 1945 c 44 §
2; 1937 c 189 § 8; Rem. Supp. 1945 § 6360-8.]
46.32.080
ment upon any vehicle or any equipment or appliance of any
vehicle whatsoever.
It shall be unlawful for any person to solicit in any manner the repair to any vehicle or the adjustment of any equipment or appliance of any vehicle, upon the property of any
vehicle equipment inspection station or upon any public
highway adjacent thereto.
Violation of the provisions of this section is a traffic
infraction. [1986 c 123 § 4; 1979 ex.s. c 136 § 68; 1961 c 12
§ 46.32.050. Prior: 1945 c 44 § 5; 1937 c 189 § 11; Rem.
Supp. 1945 § 6360-11.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.32.060
46.32.060 Moving defective vehicle unlawful—
Impounding authorized. It shall be unlawful for any person
to operate or move, or for any owner to cause or permit to be
operated or moved upon any public highway, any vehicle or
combination of vehicles, which is not at all times equipped in
the manner required by this title, or the equipment of which is
not in a proper condition and adjustment as required by this
title or rules adopted by the chief of the Washington state
patrol.
Any vehicle operating upon the public highways of this
state and at any time found to be defective in equipment in
such a manner that it may be considered unsafe shall be an
unlawful vehicle and may be prevented from further operation until such equipment defect is corrected and any peace
officer is empowered to impound such vehicle until the same
has been placed in a condition satisfactory to vehicle inspection. The necessary cost of impounding any such unlawful
vehicle and any cost for the storage and keeping thereof shall
be paid by the owner thereof. The impounding of any such
vehicle shall be in addition to any penalties for such unlawful
operation.
The provisions of this section shall not be construed to
prevent the operation of any such defective vehicle to a place
for correction of equipment defect in the manner directed by
any peace officer or representative of the state patrol. [1987
c 330 § 705; 1986 c 123 § 5; 1961 c 12 § 46.32.060. Prior:
1937 c 189 § 12; RRS § 6360-12.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Moving unsafe or noncomplying vehicle: RCW 46.37.010.
46.32.040
46.32.040 Frequency of inspection—Inspection free.
Vehicle equipment inspection shall be at such intervals as
required by the chief of the Washington state patrol and shall
be made without charge. [1986 c 123 § 3; 1961 c 12 §
46.32.040. Prior: 1945 c 44 § 4; 1937 c 189 § 10; Rem. Supp.
1945 § 6360-10.]
46.32.050
46.32.050 Prohibited practices—Penalty. It shall be
unlawful for any person employed by the chief of the Washington state patrol at any vehicle equipment inspection station, to order, direct, recommend, or influence the correction
of vehicle equipment defects by any person or persons
whomsoever.
It shall be unlawful for any person employed by the chief
of the Washington state patrol while in or about any vehicle
equipment inspection station, to perform any repair or adjust(2004 Ed.)
46.32.070
46.32.070 Inspection of damaged vehicle. If a vehicle
required to be inspected becomes damaged or deteriorated in
such a manner that such vehicle has become unsafe for operation upon the public highways of this state, it is unlawful for
the owner or operator thereof to cause such vehicle to be
operated upon a public highway upon its return to service
unless such owner or operator presents such vehicle for
inspection of equipment within twenty-four hours after its
return to service. [1986 c 123 § 6; 1961 c 12 § 46.32.070.
Prior: 1937 c 189 § 13; RRS § 6360-13.]
46.32.080
46.32.080 Commercial vehicle safety enforcement.
(1) The Washington state patrol is responsible for enforcement of safety requirements for commercial motor vehicles,
including but not limited to terminal safety audits. Those car[Title 46 RCW—page 137]
46.32.090
Title 46 RCW: Motor Vehicles
riers that have terminal operations in this state are subject to
the patrol's terminal safety audits.
(2) This section does not apply to:
(a) Motor vehicles owned and operated by farmers in the
transportation of their own farm, orchard, or dairy products,
including livestock and plant or animal wastes, from point of
production to market or disposal; or supplies or commodities
to be used on the farm, orchard, or dairy;
(b) Commercial motor carriers subject to economic regulation under chapters 81.68 (auto transportation companies),
81.70 (passenger charter carriers), 81.77 (solid waste collection companies), 81.80 (motor freight carriers), and *81.90
(limousine charter carriers) RCW; and
(c) Vehicles exempted from registration by RCW
46.16.020. [1995 c 272 § 1.]
46.32.090 Fees. The department shall collect a fee of
ten dollars, in addition to all other fees and taxes, for each
motor vehicle base plated in the state of Washington that is
subject to highway inspections and terminal audits under
RCW 46.32.080, at the time of registration and renewal of
registration under chapter 46.16 or 46.87 RCW, or the International Registration Plan if based [base] plated in a foreign
jurisdiction. The ten-dollar fee must be apportioned for those
vehicles operating interstate and registered under the International Registration Plan. This fee does not apply to nonmotorpowered vehicles, including trailers. Refunds will not be provided for fees paid under this section when the vehicle is no
longer subject to RCW 46.32.080. The department may
deduct an amount equal to the cost of administering the program. All remaining fees shall be deposited with the state
treasurer and credited to the state patrol highway account of
the motor vehicle fund. [1996 c 86 § 1; 1995 c 272 § 2.]
*Reviser's note: Chapter 81.90 RCW was repealed by 1996 c 87 § 23.
Effective date—1996 c 86: "Section 1 of this act becomes effective
with motor vehicle registration fees due or to become due January 1, 1997."
[1996 c 86 § 2.]
Transfer of powers, duties, and functions: "(1) All powers, duties,
and functions of the utilities and transportation commission pertaining to
safety inspections of commercial vehicles, including but not limited to terminal safety audits, except for those carriers subject to the economic regulation
of the commission, are transferred to the Washington state patrol.
(2)(a) All reports, documents, surveys, books, records, files, papers, or
written material in the possession of the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the Washington state patrol. All cabinets, furniture,
office equipment, motor vehicles, and other tangible property employed by
the utilities and transportation commission in carrying out the powers, functions, and duties transferred shall be made available to the Washington state
patrol. All funds, credits, or other assets held in connection with the powers,
functions, and duties transferred shall be assigned to the Washington state
patrol.
(b) Any appropriations made to the utilities and transportation commission for carrying out the powers, functions, and duties transferred shall, on
January 1, 1996, be transferred and credited to the Washington state patrol.
(c) Whenever any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other tangible
property used or held in the exercise of the powers and the performance of
the duties and functions transferred, the director of financial management
shall make a determination as to the proper allocation and certify the same to
the state agencies concerned.
(3) All employees of the utilities and transportation commission
engaged in performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the Washington state patrol. All employees
classified under chapter 41.06 RCW, the state civil service law, are assigned
to the Washington state patrol to perform their usual duties upon the same
terms as formerly, without any loss of rights, subject to any action that may
be appropriate thereafter in accordance with the laws and rules governing
state civil service. These employees will only be transferred upon successful
completion of the Washington state patrol background investigation.
(4) All rules and all pending business before the utilities and transportation commission pertaining to the powers, functions, and duties transferred
shall be continued and acted upon by the Washington state patrol. All existing contracts and obligations remain in full force and shall be performed by
the Washington state patrol.
(5) The transfer of the powers, duties, functions, and personnel of the
utilities and transportation commission does not affect the validity of any act
performed before January 1, 1996.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial management shall
certify the apportionments to the agencies affected, the state auditor, and the
state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) Nothing contained in this section alters an existing collective bargaining unit or the provisions of an existing collective bargaining agreement
until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law." [1995 c 272 § 4.]
Effective dates—1995 c 272: See note following RCW 46.32.090.
[Title 46 RCW—page 138]
46.32.090
Effective dates—1995 c 272: "Section 2 of this act becomes effective
with motor vehicle registration fees due or to become due January 1, 1996.
Sections 1 and 3 through 6 of this act take effect January 1, 1996." [1995 c
272 § 7.]
46.32.100 Violations—Penalties. In addition to all
other penalties provided by law, a commercial motor vehicle
that is subject to terminal safety audits under this chapter and
an officer, agent, or employee of a company operating a commercial motor vehicle who violates or who procures, aids, or
abets in the violation of this title or any order or rule of the
state patrol is liable for a penalty of one hundred dollars for
each violation, except for each violation of 49 C.F.R. Pt. 382,
controlled substances and alcohol use and testing, 49 C.F.R.
Sec. 391.15, disqualification of drivers, and 49 C.F.R. Sec.
396.9(c)(2), moving a vehicle placed out of service before the
out of service defects have been satisfactorily repaired, for
which the person is liable for a penalty of five hundred dollars. Each violation is a separate and distinct offense, and in
case of a continuing violation every day's continuance is a
separate and distinct violation.
The penalty provided in this section is due and payable
when the person incurring it receives a notice in writing from
the patrol describing the violation and advising the person
that the penalty is due. The patrol may, upon written application for review, received within fifteen days, remit or mitigate a penalty provided for in this section or discontinue a
prosecution to recover the penalty upon such terms it deems
proper and may ascertain the facts upon all such applications
in such manner and under such rules as it deems proper. If the
amount of the penalty is not paid to the patrol within fifteen
days after receipt of the notice imposing the penalty, or application for remission or mitigation has not been made within
fifteen days after the violator has received notice of the disposition of the application, the attorney general shall bring an
action in the name of the state of Washington in the superior
court of Thurston county or of some other county in which
the violator does business, to recover the penalty. In all such
actions the procedure and rules of evidence are the same as an
ordinary civil action except as otherwise provided in this
chapter. All penalties recovered under this section shall be
paid into the state treasury and credited to the state patrol
46.32.100
(2004 Ed.)
Vehicle Lighting and Other Equipment
highway account of the motor vehicle fund. [1998 c 172 § 1;
1995 c 272 § 3.]
46.37.260
46.37.270
Effective dates—1995 c 272: See note following RCW 46.32.090.
46.37.280
46.37.290
46.32.110 Controlled substances, alcohol. A person or
employer operating as a motor carrier shall comply with the
requirements of the United States department of transportation federal motor carrier safety regulations as contained in
Title 49 C.F.R. Part 382, controlled substances and alcohol
use and testing. A person or employer who begins or conducts commercial motor vehicle operations without having a
controlled substance and alcohol testing program that is in
compliance with the requirements of Title 49 C.F.R. Part 382
is subject to a penalty, under the process set forth in RCW
46.32.100, of up to one thousand five hundred dollars and up
to an additional five hundred dollars for each motor vehicle
driver employed by the person or employer who is not in
compliance with the motor vehicle driver testing requirements. A person or employer having actual knowledge that a
driver has tested positive for controlled substances or alcohol
who allows a positively tested person to continue to perform
a safety-sensitive function is subject to a penalty, under the
process set forth in RCW 46.32.100, of one thousand five
hundred dollars. [1999 c 351 § 5.]
46.37.300
46.32.110
Chapter 46.37 RCW
VEHICLE LIGHTING AND OTHER EQUIPMENT
Chapter 46.37
Sections
46.37.005
46.37.010
46.37.020
46.37.030
46.37.040
46.37.050
46.37.060
46.37.070
46.37.080
46.37.090
46.37.100
46.37.110
46.37.120
46.37.130
46.37.140
46.37.150
46.37.160
46.37.170
46.37.180
46.37.184
46.37.185
46.37.186
46.37.187
46.37.188
46.37.190
46.37.191
46.37.193
46.37.194
46.37.195
46.37.196
46.37.200
46.37.210
46.37.215
46.37.220
46.37.230
46.37.240
(2004 Ed.)
State patrol—Additional powers and duties.
Scope and effect of regulations—General penalty.
When lighted lamps and signaling devices are required.
Visibility distance and mounted height of lamps.
Head lamps on motor vehicles.
Tail lamps.
Reflectors.
Stop lamps and turn signals required.
Application of succeeding sections.
Additional equipment required on certain vehicles.
Color of clearance lamps, side marker lamps, back-up lamps,
and reflectors.
Mounting of reflectors, clearance lamps, identification
lamps, and side marker lamps.
Visibility of reflectors, clearance lamps, identification lamps,
and side marker lamps.
Obstructed lights not required.
Lamps, reflectors, and flags on projecting load.
Lamps on vehicles—Parked or stopped vehicles, lighting
requirements.
Hazard warning lights and reflectors on farm equipment—
Slow-moving vehicle emblem.
Lamps and reflectors on other vehicles and equipment—
Slow-moving vehicle emblem on animal-drawn vehicles.
Spot lamps and auxiliary lamps.
Red flashing lights on fire department vehicles.
Green light on firemen's private cars.
Fire department sign or plate on private car.
Green light, sign or plate—Identification card required.
Penalty for violation of RCW 46.37.184 through 46.37.188.
Warning devices on vehicles—Other drivers yield and stop.
Implementing rules.
Signs on buses.
Authorized emergency vehicles—Rules, tests, approval by
state patrol.
Sale of emergency vehicle lighting equipment restricted.
Red lights on emergency tow trucks.
Stop lamps and electric turn signals.
Additional lighting equipment.
Hazard warning lamps.
Multiple-beam road-lighting equipment.
Use of multiple-beam road-lighting equipment.
Single-beam road-lighting equipment.
46.37.310
46.37.320
46.37.330
46.37.340
46.37.351
46.37.360
46.37.365
46.37.369
46.37.375
46.37.380
46.37.390
46.37.400
46.37.410
46.37.420
46.37.4215
46.37.4216
46.37.423
46.37.424
46.37.425
46.37.430
46.37.435
46.37.440
46.37.450
46.37.465
46.37.467
46.37.470
46.37.480
46.37.490
46.37.495
46.37.500
46.37.505
46.37.510
46.37.513
46.37.517
46.37.518
46.37.520
46.37.522
46.37.523
46.37.524
46.37.525
46.37.527
46.37.528
46.37.529
46.37.530
46.37.535
46.37.537
46.37.539
46.37.540
46.37.550
46.37.560
46.37.570
46.37.590
46.37.600
46.37.610
46.37.620
46.37.630
46.37.640
Chapter 46.37
Alternate road lighting equipment.
Number of lamps required—Number of additional lamps
permitted.
Special restrictions on lamps.
Special lighting equipment on school buses and private carrier buses.
Standards for lights on snow-removal or highway maintenance and service equipment.
Selling or using lamps or equipment.
Authority of state patrol regarding lighting devices or other
safety equipment.
Revocation of certificate of approval on devices—Reapproval, conditions.
Braking equipment required.
Performance ability of brakes.
Maintenance of brakes—Brake system failure indicator.
Hydraulic brake fluid—Defined—Standards and specifications.
Wheels and front suspension.
Steering and suspension systems.
Horns, warning devices, and theft alarms.
Mufflers, prevention of noise—Smoke and air contaminants—Standards—Definitions.
Mirrors, backup devices.
Windshields required, exception—Must be unobstructed and
equipped with wipers.
Tires—Restrictions.
Lightweight studs—Certification by sellers.
Lightweight studs—Sale of tires containing.
Pneumatic passenger car tires—Standards—Exception for
off-highway use—Penalty.
Regrooved tires—Standards—Exception for off-highway
use—Penalty.
Tires—Unsafe—State patrol's authority—Penalty.
Safety glazing—Sunscreening or coloring.
Sunscreening, unlawful installation, penalty.
Flares or other warning devices required on certain vehicles.
Disabled vehicle—Display of warning devices.
Fuel system.
Alternative fuel source—Placard required.
Air-conditioning equipment.
Television viewers—Earphones.
Safety load chains and devices required.
Safety chains for towing.
Fenders or splash aprons.
Child passenger restraint systems.
Seat belts and shoulder harnesses.
Bumpers.
Body and body hardware.
Street rods and kit vehicles.
Beach vehicles with soft tires—"Dune buggies"—Inspection
and approval required—Fee.
Motorcycles and motor-driven cycles—When head lamps
and tail lamps to be lighted.
Motorcycles and motor-driven cycles—Head lamps.
Motor-driven cycles—Head lamps.
Motorcycles and motor-driven cycles—Tail lamps, reflectors, and stop lamps.
Motorcycles and motor-driven cycles—Brake requirements.
Motorcycles and motor-driven cycles—Performance ability
of brakes.
Motor-driven cycles—Braking system inspection.
Motorcycles, motor-driven cycles, mopeds, electric-assisted
bicycles—Helmets, other equipment—Children—Rules.
Motorcycles, motor-driven cycles, or mopeds—Helmet
requirements when rented.
Motorcycles—Exhaust system.
Motorcycles and motor-driven cycles—Additional requirements and limitations.
Odometers—Disconnecting, resetting, or turning back prohibited.
Odometers—Selling motor vehicle knowing odometer
turned back unlawful.
Odometers—Selling motor vehicle knowing odometer
replaced unlawful.
Odometers—Selling, advertising, using, or installing device
registering false mileage.
Odometers—Purchaser plaintiff to recover costs and attorney's fee, when.
Liability of operator, owner, lessee for violations.
Wheelchair conveyance standards.
School buses—Crossing arms.
Private school buses.
Air bags—Definitions.
[Title 46 RCW—page 139]
46.37.005
46.37.650
46.37.660
Title 46 RCW: Motor Vehicles
Air bags—Installation of previously deployed—Penalty.
Air bags—Replacement requirements.
Emission control program: Chapter 70.120 RCW.
Lowering vehicle below legal clearance: RCW 46.61.680.
Moving defective vehicle: RCW 46.32.060.
46.37.005
46.37.005 State patrol—Additional powers and
duties. In addition to those powers and duties elsewhere
granted, the chief of the Washington state patrol shall have
the power and the duty to adopt, apply, and enforce such reasonable rules and regulations (1) relating to proper types of
vehicles or combinations thereof for hauling passengers,
commodities, freight, and supplies, (2) relating to vehicle
equipment, and (3) relating to the enforcement of the provisions of this title with regard to vehicle equipment, as may be
deemed necessary for the public welfare and safety in addition to but not inconsistent with the provisions of this title.
The chief of the Washington state patrol is authorized to
adopt by regulation, federal standards relating to motor vehicles and vehicle equipment, issued pursuant to the National
Traffic and Motor Vehicle Safety Act of 1966, or any amendment to said act, notwithstanding any provision in Title 46
RCW inconsistent with such standards. Federal standards
adopted pursuant to this section shall be applicable only to
vehicles manufactured in a model year following the adoption of such standards. [1987 c 330 § 706; 1985 c 165 § 1;
1982 c 106 § 1; 1967 ex.s. c 145 § 56; 1967 c 32 § 49; 1961 c
12 § 46.37.005. Prior: 1943 c 133 § 1; 1937 c 189 § 6; Rem.
Supp. 1943 § 6360-6; 1927 c 309 § 14, part; RRS § 6362-14,
part. Formerly RCW 46.36.010.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1967 ex.s. c 145: See RCW 47.98.043.
Towing operators, appointment of: RCW 46.55.115.
46.37.010
46.37.010 Scope and effect of regulations—General
penalty. (1) It is a traffic infraction for any person to drive or
move or for the owner to cause or knowingly permit to be
driven or moved on any highway any vehicle or combination
of vehicles which is in such unsafe condition as to endanger
any person, or which does not contain those parts or is not at
all times equipped with such lamps and other equipment in
proper condition and adjustment as required in this chapter or
in regulations issued by the chief of the Washington state
patrol, or which is equipped in any manner in violation of this
chapter or the state patrol's regulations, or for any person to
do any act forbidden or fail to perform any act required under
this chapter or the state patrol's regulations.
(2) Nothing contained in this chapter or the state patrol's
regulations shall be construed to prohibit the use of additional
parts and accessories on any vehicle not inconsistent with the
provisions of this chapter or the state patrol's regulations.
(3) The provisions of the chapter and the state patrol's
regulations with respect to equipment on vehicles shall not
apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable.
(4) No owner or operator of a farm tractor, self-propelled
unit of farm equipment, or implement of husbandry shall be
guilty of a crime or subject to penalty for violation of RCW
46.37.160 as now or hereafter amended unless such violation
occurs on a public highway.
[Title 46 RCW—page 140]
(5) It is a traffic infraction for any person to sell or offer
for sale vehicle equipment which is required to be approved
by the state patrol as prescribed in RCW 46.37.005 unless it
has been approved by the state patrol.
(6) The provisions of this chapter with respect to equipment required on vehicles shall not apply to motorcycles or
motor-driven cycles except as herein made applicable.
(7) This chapter does not apply to vehicles used by the
state parks and recreation commission exclusively for park
maintenance and operations upon public highways within
state parks.
(8) Notices of traffic infraction issued to commercial
drivers under the provisions of this chapter with respect to
equipment required on commercial motor vehicles shall not
be considered for driver improvement purposes under chapter
46.20 RCW.
(9) Whenever a traffic infraction is chargeable to the
owner or lessee of a vehicle under subsection (1) of this section, the driver shall not be arrested or issued a notice of traffic infraction unless the vehicle is registered in a jurisdiction
other than Washington state, or unless the infraction is for an
offense that is clearly within the responsibility of the driver.
(10) Whenever the owner or lessee is issued a notice of
traffic infraction under this section the court may, on the
request of the owner or lessee, take appropriate steps to make
the driver of the vehicle, or any other person who directs the
loading, maintenance, or operation of the vehicle, a codefendant. If the codefendant is held solely responsible and is
found to have committed the traffic infraction, the court may
dismiss the notice against the owner or lessee. [1997 c 241 §
14; 1989 c 178 § 22; 1987 c 330 § 707; 1979 ex.s. c 136 § 69;
1977 ex.s. c 355 § 1; 1963 c 154 § 1; 1961 c 12 § 46.37.010.
Prior: 1955 c 269 § 1; prior: 1937 c 189 § 14, part; RRS §
6360-14, part; RCW 46.40.010, part; 1929 c 178 § 2; 1927 c
309 § 19; 1921 c 96 § 22, part; 1919 c 59 § 10, part; 1917 c
155 § 15, part; 1915 c 142 § 21, part; RRS § 6362-19.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1977 ex.s. c 355: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 355 § 57.]
Effective date—1963 c 154: "This act shall take effect on January 1,
1964." [1963 c 154 § 32.]
Moving defective vehicle: RCW 46.32.060.
46.37.020
46.37.020 When lighted lamps and signaling devices
are required. Every vehicle upon a highway within this
state at any time from a half hour after sunset to a half hour
before sunrise and at any other time when, due to insufficient
light or unfavorable atmospheric conditions, persons and
vehicles on the highway are not clearly discernible at a distance of one thousand feet ahead shall display lighted headlights, other lights, and illuminating devices as hereinafter
respectively required for different classes of vehicles, subject
to exceptions with respect to parked vehicles, and such stop
(2004 Ed.)
Vehicle Lighting and Other Equipment
lights, turn signals, and other signaling devices shall be
lighted as prescribed for the use of such devices. [1977 ex.s.
c 355 § 2; 1974 ex.s. c 124 § 2; 1963 c 154 § 2; 1961 c 12 §
46.37.020. Prior: 1955 c 269 § 2; prior: 1937 c 189 § 14,
part; RRS § 6360-14, part; RCW 46.40.010, part; 1929 c 178
§ 2; 1927 c 309 § 19; 1921 c 96 § 22, part; 1919 c 59 § 10,
part; 1917 c 155 § 15, part; 1915 c 142 § 21, part; RRS §
6362-19.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
Local twenty-four hour headlight policy: RCW 47.04.180.
Motorcycles and motor-driven cycles—When headlamps and tail lamps to be
lighted: RCW 46.37.522.
46.37.030
46.37.030 Visibility distance and mounted height of
lamps. (1) Whenever requirement is hereinafter declared as
to distance from which certain lamps and devices shall render
objects visible or within which such lamps or devices shall be
visible, said provisions shall apply during the times stated in
RCW 46.37.020 in respect to a vehicle without load when
upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is
expressly stated.
(2) Whenever requirement is hereinafter declared as to
the mounted height of lamps or devices it shall mean from the
center of such lamp or device to the level ground upon which
the vehicle stands when such vehicle is without a load.
(3) No additional lamp, reflective device, or other motor
vehicle equipment shall be added which impairs the effectiveness of this standard. [1977 ex.s. c 355 § 3; 1961 c 12 §
46.37.030. Prior: 1955 c 269 § 3; prior: 1937 c 189 § 14,
part; RRS § 6360-14, part; RCW 46.40.010, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.040
46.37.040 Head lamps on motor vehicles. (1) Every
motor vehicle shall be equipped with at least two head lamps
with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements
and limitations set forth in this chapter.
(2) Every head lamp upon every motor vehicle shall be
located at a height measured from the center of the head lamp
of not more than fifty-four inches nor less than twenty-four
inches to be measured as set forth in RCW 46.37.030(2).
[1977 ex.s. c 355 § 4; 1961 c 12 § 46.37.040. Prior: 1955 c
269 § 4; prior: 1937 c 189 § 15; RRS § 6360-15; RCW
46.40.020; 1933 c 156 § 1, part; 1929 c 178 § 3, part; 1927 c
309 §§ 20, part, 24; 1921 c 96 § 22, part; 1919 c 59 § 10, part;
1917 c 155 § 15, part; 1915 c 142 § 21, part; RRS §§ 636220, part, 6362-24.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.050
46.37.050 Tail lamps. (1) After January 1, 1964, every
motor vehicle, trailer, semitrailer, and pole trailer, and any
other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least two tail lamps
mounted on the rear, which, when lighted as required in
RCW 46.37.020, shall emit a red light plainly visible from a
distance of one thousand feet to the rear, except that passenger cars manufactured or assembled prior to January 1, 1939,
shall have at least one tail lamp. On a combination of vehicles
(2004 Ed.)
46.37.070
only the tail lamps on the rearmost vehicle need actually be
seen from the distance specified. On vehicles equipped with
more than one tail lamp, the lamps shall be mounted on the
same level and as widely spaced laterally as practicable.
(2) Every tail lamp upon every vehicle shall be located at
a height of not more than seventy-two inches nor less than fifteen inches.
(3) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear
registration plate and render it clearly legible from a distance
of fifty feet to the rear. Any tail lamp or tail lamps, together
with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the
head lamps or auxiliary driving lamps are lighted. [1977
ex.s. c 355 § 5; 1963 c 154 § 3; 1961 c 12 § 46.37.050. Prior:
1955 c 269 § 5; prior: 1947 c 267 § 2, part; 1937 c 189 § 16,
part; Rem. Supp. 1947 § 6360-16, part; RCW 46.40.030,
part; 1929 c 178 § 7; 1927 c 309 § 27; RRS § 6362-27; 1921
c 96 § 22, part; 1919 c 59 § 10, part; 1917 c 155 § 15, part;
1915 c 142 § 21, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.060
46.37.060 Reflectors. (1) Every motor vehicle, trailer,
semitrailer, and pole trailer shall carry on the rear, either as a
part of the tail lamps or separately, two or more red reflectors
meeting the requirements of this section: PROVIDED,
HOWEVER, That vehicles of the types mentioned in RCW
46.37.090 shall be equipped with reflectors meeting the
requirements of RCW 46.37.110 and 46.37.120.
(2) Every such reflector shall be mounted on the vehicle
at a height not less than fifteen inches nor more than seventytwo inches measured as set forth in RCW 46.37.030(2), and
shall be of such size and characteristics and so mounted as to
be visible at night from all distances within six hundred feet
to one hundred feet from such vehicle when directly in front
of lawful upper beams of head lamps, except that reflectors
on vehicles manufactured or assembled prior to January 1,
1970, shall be visible at night from all distances within three
hundred and fifty feet to one hundred feet when directly in
front of lawful upper beams of head lamps. [1977 ex.s. c 355
§ 6; 1963 c 154 § 4; 1961 c 12 § 46.37.060. Prior: 1955 c 269
§ 6; prior: 1947 c 267 § 2, part; 1937 c 189 § 16, part; Rem.
Supp. 1947 § 6360-16, part; RCW 46.40.030, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.070
46.37.070 Stop lamps and turn signals required. (1)
After January 1, 1964, every motor vehicle, trailer, semitrailer, and pole trailer shall be equipped with two or more
stop lamps meeting the requirements of RCW 46.37.200,
except that passenger cars manufactured or assembled prior
to January 1, 1964, shall be equipped with at least one such
stop lamp. On a combination of vehicles, only the stop lamps
on the rearmost vehicle need actually be seen from the distance specified in RCW 46.37.200(1).
(2) After January 1, 1960, every motor vehicle, trailer,
semitrailer and pole trailer shall be equipped with electric
turn signal lamps meeting the requirements of RCW
46.37.200(2), except that passenger cars, trailers, semitrail[Title 46 RCW—page 141]
46.37.080
Title 46 RCW: Motor Vehicles
ers, pole trailers, and trucks less than eighty inches in width,
manufactured or assembled prior to January 1, 1953, need not
be equipped with electric turn signal lamps. [1977 ex.s. c 355
§ 7; 1963 c 154 § 5; 1961 c 12 § 46.37.070. Prior: 1959 c 319
§ 32; 1955 c 269 § 7; prior: 1953 c 248 § 2, part; 1947 c 267
§ 4, part; 1937 c 189 § 23, part; Rem. Supp. 1947 § 6360-23,
part; RCW 46.40.090, part; 1929 c 178 § 1, part; 1927 c 309
§ 15, part; RRS § 6362-15, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.080
46.37.080 Application of succeeding sections. Those
sections of this chapter which follow immediately, including
RCW 46.37.090, 46.37.100, 46.37.110, 46.37.120, and
46.37.130, relating to clearance lamps, marker lamps, and
reflectors, shall apply as stated in said sections to vehicles of
the type therein enumerated, namely buses, trucks, truck tractors, and trailers, semitrailers, and pole trailers, respectively,
when operated upon any highway, and said vehicles shall be
equipped as required and all lamp equipment required shall
be lighted at the times mentioned in RCW 46.37.020. For
purposes of the sections enumerated above, a camper, when
mounted upon a motor vehicle, shall be considered part of the
permanent structure of that motor vehicle. [1977 ex.s. c 355
§ 8; 1963 c 154 § 6; 1961 c 12 § 46.37.080. Prior: 1955 c 269
§ 8; prior: 1947 c 267 § 3, part; 1937 c 189 § 17, part; Rem.
Supp. 1947 § 6360-17, part; RCW 46.40.040, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.090
46.37.090 Additional equipment required on certain
vehicles. In addition to other equipment required in RCW
46.37.040, 46.37.050, 46.37.060, and 46.37.070, the following vehicles shall be equipped as herein stated under the conditions stated in RCW 46.37.080, and in addition, the reflectors elsewhere enumerated for such vehicles shall conform to
the requirements of RCW 46.37.120(1).
(1) Buses, trucks, motor homes, and motor vehicles with
mounted campers eighty inches or more in over-all width:
(a) On the front, two clearance lamps, one at each side,
and on vehicles manufactured or assembled after January 1,
1964, three identification lamps meeting the specifications of
subdivision (6) [(7)] of this section;
(b) On the rear, two clearance lamps, one at each side,
and after January 1, 1964, three identification lamps meeting
the specifications of subdivision (6) [(7)] of this section;
(c) On each side, two side marker lamps, one at or near
the front and one at or near the rear;
(d) On each side, two reflectors, one at or near the front
and one at or near the rear.
(2) Trailers and semitrailers eighty inches or more in
over-all width:
(a) On the front, two clearance lamps, one at each side;
(b) On the rear, two clearance lamps, one at each side,
and after January 1, 1964, three identification lamps meeting
the specifications of subdivision (6) [(7)] of this section;
(c) On each side, two side marker lamps, one at or near
the front and one at or near the rear;
(d) On each side, two reflectors, one at or near the front
and one at or near the rear: PROVIDED, That a mobile home
[Title 46 RCW—page 142]
as defined by RCW 46.04.302 need not be equipped with two
side marker lamps or two side reflectors as required by subsection (2) (c) and (d) of this section while operated under the
terms of a special permit authorized by RCW 46.44.090.
(3) Truck tractors:
On the front, two cab clearance lamps, one at each side,
and on vehicles manufactured or assembled after January 1,
1964, three identification lamps meeting the specifications of
subdivision (6) [(7)] of this section.
(4) Trailers, semitrailers, and pole trailers thirty feet or
more in over-all length:
On each side, one amber side marker lamp and one
amber reflector, centrally located with respect to the length of
the vehicle: PROVIDED, That a mobile home as defined by
RCW 46.04.302 need not be equipped with such side marker
lamp or reflector while operated under the terms of a special
permit authorized by RCW 46.44.090.
(5) Pole trailers:
(a) On each side, one amber side marker lamp at or near
the front of the load;
(b) One amber reflector at or near the front of the load;
(c) On the rearmost support for the load, one combination marker lamp showing amber to the front and red to the
rear and side, mounted to indicate maximum width of the
pole trailer.
(6) Boat trailers eighty inches or more in overall width:
(a) One on each side, at or near the midpoint, one clearance lamp performing the function of both a front and rear
clearance lamp;
(b) On the rear, after June 1, 1978, three identification
lamps meeting the specifications of subsection (7) of this section;
(c) One on each side, two side marker lamps, one at or
near the front and one at or near the rear;
(d) On each side, two reflectors, one at or near the front
and one at or near the rear.
(7) Whenever required or permitted by this chapter,
identification lamps shall be grouped in a horizontal row,
with lamp centers spaced not less than six nor more than
twelve inches apart, and mounted on the permanent structure
of the vehicle as close as practicable to the vertical centerline:
PROVIDED, HOWEVER, That where the cab of a vehicle is
not more than forty-two inches wide at the front roof line, a
single identification lamp at the center of the cab shall be
deemed to comply with the requirements for front identification lamps. [1977 ex.s. c 355 § 9; 1963 c 154 § 7; 1961 c 12
§ 46.37.090. Prior: 1955 c 269 § 9; prior: 1947 c 267 § 3,
part; 1937 c 189 § 17, part; Rem. Supp. 1947 § 6360-17, part;
RCW 46.40.040, part; 1933 c 156 §§ 5, part, 6, part; 1929 c
178 §§ 7, part, 8, part; 1927 c 309 §§ 27, part, 28, part; RRS
§§ 6362-27, part, 6362-28, part; 1921 c 96 § 22, part; 1919 c
59 § 10, part; 1917 c 155 § 15, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.100
46.37.100 Color of clearance lamps, side marker
lamps, back-up lamps, and reflectors. (1) Front clearance
lamps and those marker lamps and reflectors mounted on the
front or on the side near the front of a vehicle shall display or
reflect an amber color.
(2004 Ed.)
Vehicle Lighting and Other Equipment
(2) Rear clearance lamps and those marker lamps and
reflectors mounted on the rear or on the sides near the rear of
a vehicle shall display or reflect a red color.
(3) All lighting devices and reflectors mounted on the
rear of any vehicle shall display or reflect a red color, except
the stop lamp or other signal device, which may be red,
amber, or yellow, and except that on any vehicle forty or
more years old, or on any motorcycle regardless of age, the
taillight may also contain a blue or purple insert of not more
than one inch in diameter, and except that the light illuminating the license plate shall be white and the light emitted by a
back-up lamp shall be white or amber. [2002 c 196 § 1; 1992
c 46 § 1; 1961 c 12 § 46.37.100. Prior: 1955 c 269 § 10; prior:
1947 c 267 § 3, part; 1937 c 189 § 17, part; Rem. Supp. 1947
§ 6360-17, part; RCW 46.40.040, part; 1933 c 156 §§ 5, part,
6, part; 1929 c 178 §§ 7, part, 8, part; 1927 c 309 §§ 27, part,
28, part; RRS §§ 6362-27, part, 6362-28, part; 1921 c 96 §
22, part; 1919 c 59 § 10, part; 1917 c 155 § 15, part; 1915 c
142 § 21, part.]
46.37.110
46.37.110 Mounting of reflectors, clearance lamps,
identification lamps, and side marker lamps. (1) Reflectors when required by RCW 46.37.090 shall be mounted at a
height not less than twenty-four inches and not higher than
sixty inches above the ground on which the vehicle stands,
except that if the highest part of the permanent structure of
the vehicle is less than twenty-four inches the reflector at
such point shall be mounted as high as that part of the permanent structure will permit.
The rear reflectors on a pole trailer may be mounted on
each side of the bolster or load.
Any required red reflector on the rear of a vehicle may be
incorporated with the tail lamp, but such reflector shall meet
all the other reflector requirements of this chapter.
(2) Clearance lamps shall be mounted on the permanent
structure of the vehicle in such a manner as to indicate the
extreme height and width of the vehicle. When rear identification lamps are required and are mounted as high as is practicable, rear clearance lamps may be mounted at optional
height, and when the mounting of front clearance lamps
results in such lamps failing to indicate the extreme width of
the trailer, such lamps may be mounted at optional height but
must indicate, as near as practicable, the extreme width of the
trailer. Clearance lamps on truck tractors shall be located so
as to indicate the extreme width of the truck tractor cab.
Clearance lamps and side marker lamps may be mounted in
combination provided illumination is given as required
herein with reference to both: PROVIDED, That no rear
clearance lamp may be combined in any shell or housing with
any tail lamp or identification lamp. [1977 ex.s. c 355 § 10;
1961 c 12 § 46.37.110. Prior: 1955 c 269 § 11; prior: 1947 c
267 § 3, part; 1937 c 189 § 17, part; Rem. Supp. 1947 § 636017, part; RCW 46.40.040, part; 1933 c 156 §§ 5, part, 6, part;
1929 c 178 §§ 7, part, 8, part; 1927 c 309 §§ 27, part, 28, part;
RRS §§ 6362-27, part, 6362-28, part; 1921 c 96 § 22, part;
1919 c 59 § 10, part; 1917 c 155 § 15, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.120
46.37.120 Visibility of reflectors, clearance lamps,
identification lamps, and side marker lamps. (1) Every
(2004 Ed.)
46.37.140
reflector upon any vehicle referred to in RCW 46.37.090
shall be of such size and characteristics and so maintained as
to be readily visible at nighttime from all distances within six
hundred feet to one hundred feet from the vehicle when
directly in front of lawful lower beams of head lamps, except
that the visibility for reflectors on vehicles manufactured or
assembled prior to January 1, 1970, shall be measured in
front of the lawful upper beams of headlamps. Reflectors
required to be mounted on the sides of the vehicle shall
reflect the required color of light to the sides, and those
mounted on the rear shall reflect a red color to the rear.
(2) Front and rear clearance lamps and identification
lamps shall be capable of being seen and distinguished under
normal atmospheric conditions at the times lights are
required at all distances between five hundred feet and fifty
feet from the front and rear, respectively, of the vehicle.
(3) Side marker lamps shall be capable of being seen and
distinguished under normal atmospheric conditions at the
times lights are required at all distances between five hundred
feet and fifty feet from the side of the vehicle on which
mounted. [1977 ex.s. c 355 § 11; 1963 c 154 § 8; 1961 c 12
§ 46.37.120. Prior: 1955 c 269 § 12; prior: 1947 c 267 § 3,
part; 1937 c 189 § 17, part; Rem. Supp. 1947 § 6360-17, part;
RCW 46.40.040, part; 1933 c 156 §§ 5, part, 6, part; 1929 c
178 §§ 7, part, 8, part; 1927 c 309 §§ 27, part, 28, part; RRS
§§ 6362-27, part, 6362-28, part; 1921 c 96 § 22, part; 1919 c
59 § 10, part; 1917 c 155 § 15, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.130
46.37.130 Obstructed lights not required. Whenever
motor and other vehicles are operated in combination during
the time that lights are required, any lamp (except tail lamps)
need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle
of the combination, but this shall not affect the requirement
that lighted clearance lamps be displayed on the front of the
foremost vehicle required to have clearance lamps, nor that
all lights required on the rear of the rearmost vehicle of any
combination shall be lighted. [1961 c 12 § 46.37.130. Prior:
1955 c 269 § 13.]
46.37.140
46.37.140 Lamps, reflectors, and flags on projecting
load. Whenever the load upon any vehicle extends to the rear
four feet or more beyond the bed or body of such vehicle
there shall be displayed at the extreme rear end of the load, at
the times specified in RCW 46.37.020, two red lamps, visible
from a distance of at least five hundred feet to the rear, two
red reflectors visible at night from all distances within six
hundred feet to one hundred feet to the rear when directly in
front of lawful lower beams of headlamps, and located so as
to indicate maximum width, and on each side one red lamp,
visible from a distance of at least five hundred feet to the side,
located so as to indicate maximum overhang. There shall be
displayed at all other times on any vehicle having a load
which extends beyond its sides or more than four feet beyond
its rear, red flags, not less than twelve inches square, marking
the extremities of such loads, at each point where a lamp
would otherwise be required by this section, under RCW
46.37.020. [1977 ex.s. c 355 § 12; 1963 c 154 § 9; 1961 c 12
[Title 46 RCW—page 143]
46.37.150
Title 46 RCW: Motor Vehicles
§ 46.37.140. Prior: 1955 c 269 § 14; prior: 1937 c 189 § 18;
RRS § 6360-18; RCW 46.40.050; 1929 c 178 § 11, part; 1927
c 309 § 32, part, RRS § 6362-32, part; 1921 c 96 § 22, part;
1919 c 59 § 10, part; 1917 c 155 § 15, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.150
46.37.150 Lamps on vehicles—Parked or stopped
vehicles, lighting requirements. (1) Every vehicle shall be
equipped with one or more lamps, which, when lighted, shall
display a white or amber light visible from a distance of one
thousand feet to the front of the vehicle, and a red light visible
from a distance of one thousand feet to the rear of the vehicle.
The location of said lamp or lamps shall always be such that
at least one lamp or combination of lamps meeting the
requirements of this section is installed as near as practicable
to the side of the vehicle which is closest to passing traffic.
(2) Whenever a vehicle is lawfully parked upon a street
or highway during the hours between a half hour after sunset
and a half hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of
one thousand feet upon such street or highway, no lights need
be displayed upon such parked vehicle.
(3) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, outside an incorporated city
or town, whether attended or unattended, during the hours
between a half hour after sunset and a half hour before sunrise and there is insufficient light to reveal any person or
object within a distance of one thousand feet upon such highway, such vehicle so parked or stopped shall be equipped
with and shall display lamps meeting the requirements of
subsection (1) of this section.
(4) Any lighted head lamps upon a parked vehicle shall
be depressed or dimmed. [1977 ex.s. c 355 § 13; 1963 c 154
§ 10; 1961 c 12 § 46.37.150. Prior: 1955 c 269 § 15; prior:
1937 c 189 § 19; RRS § 6360-19; RCW 46.40.060; 1933 c
156 § 8; 1929 c 178 § 10; 1927 c 309 § 31; RRS § 6362-31.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.160
46.37.160 Hazard warning lights and reflectors on
farm equipment—Slow-moving vehicle emblem. (1)
Every farm tractor and every self-propelled unit of farm
equipment or implement of husbandry manufactured or
assembled after January 1, 1970, shall be equipped with
vehicular hazard warning lights of the type described in
RCW 46.37.215 visible from a distance of not less than one
thousand feet to the front and rear in normal sunlight, which
shall be displayed whenever any such vehicle is operated
upon a highway.
(2) Every self-propelled unit of farm equipment or
implement of husbandry manufactured or assembled after
January 1, 1970, shall at all times, and every other motor
vehicle shall at times mentioned in RCW 46.37.020, be
equipped with lamps and reflectors as follows:
(a) At least two headlamps meeting the requirements of
RCW 46.37.220, 46.37.240, or 46.37.260;
(b) At least one red lamp visible when lighted from a distance of not less than one thousand feet to the rear mounted as
far to the left of center of vehicle as practicable;
[Title 46 RCW—page 144]
(c) At least two red reflectors visible from all distances
within six hundred to one hundred feet to the rear when
directly in front of lawful lower beams of headlamps.
(3) Every combination of farm tractor and towed farm
equipment or towed implement of husbandry shall at all
times mentioned in RCW 46.37.020 be equipped with lamps
and reflectors as follows:
(a) The farm tractor element of every such combination
shall be equipped as required in subsections (1) and (2) of this
section;
(b) The towed unit of farm equipment or implement of
husbandry element of such combination shall be equipped on
the rear with two red lamps visible when lighted from a distance of not less than one thousand feet to the rear, and two
red reflectors visible to the rear from all distances within six
hundred feet to one hundred feet to the rear when directly in
front of lawful upper beams of head lamps. One reflector
shall be so positioned to indicate, as nearly as practicable, the
extreme left projection of the towed unit;
(c) If the towed unit or its load obscures either of the
vehicle hazard warning lights on the tractor, the towed unit
shall be equipped with vehicle hazard warning lights
described in subsection (1) of this section.
(4) The two red lamps and the two red reflectors required
in the foregoing subsections of this section on a self-propelled unit of farm equipment or implement of husbandry or
combination of farm tractor and towed farm equipment shall
be so positioned as to show from the rear as nearly as practicable the extreme width of the vehicle or combination carrying them: PROVIDED, That if all other requirements are
met, reflective tape or paint may be used in lieu of reflectors
required by subsection (3) of this section.
(5) After January 1, 1970, every farm tractor and every
self-propelled unit of farm equipment or implement of husbandry designed for operation at speeds not in excess of
twenty-five miles per hour shall at all times be equipped with
a slow moving vehicle emblem mounted on the rear except as
provided in subsection (6) of this section.
(6) After January 1, 1970, every combination of farm
tractor and towed farm equipment or towed implement of
husbandry normally operating at speeds not in excess of
twenty-five miles per hour shall at all times be equipped with
a slow moving vehicle emblem as follows:
(a) Where the towed unit is sufficiently large to obscure
the slow moving vehicle emblem on the farm tractor, the
towed unit shall be equipped with a slow moving vehicle
emblem. In such cases, the towing vehicle need not display
the emblem;
(b) Where the slow moving vehicle emblem on the farm
tractor unit is not obscured by the towed unit, then either or
both may be equipped with the required emblem but it shall
be sufficient if either has it.
(7) The emblem required by subsections (5) and (6) of
this section shall comply with current standards and specifications as promulgated by the Washington state patrol. [1987
c 330 § 708; 1977 ex.s. c 355 § 14; 1969 ex.s. c 281 § 22;
1963 c 154 § 11; 1961 c 12 § 46.37.160. Prior: 1955 c 269 §
16.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(2004 Ed.)
Vehicle Lighting and Other Equipment
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.188
Prior: 1955 c 269 § 18; prior: 1949 c 157 § 1; Rem. Supp.
1949 § 6360-22a; RCW 46.40.110, 46.40.120.]
46.37.170
46.37.170 Lamps and reflectors on other vehicles and
equipment—Slow-moving vehicle emblem on animaldrawn vehicles. (1) Every vehicle, including animal-drawn
vehicles and vehicles referred to in RCW 46.37.010(3), not
specifically required by the provisions of RCW 46.37.020
through 46.37.330 to be equipped with lamps, or other lighting devices, shall at all times specified in RCW 46.37.020 be
equipped with at least one lamp displaying a white light visible from a distance of not less than one thousand feet to the
front of said vehicle, and shall also be equipped with two
lamps displaying red light visible from a distance of not less
than one thousand feet to the rear of said vehicle, or as an
alternative, one lamp displaying a red light visible from a distance of not less than one thousand feet to the rear and two
red reflectors visible from all distances of six hundred to one
hundred feet to the rear when illuminated by the lawful lower
beams of head lamps.
(2) After June 1, 1978, every animal-drawn vehicle shall
at all times be equipped with a slow-moving vehicle emblem
complying with RCW 46.37.160(7). [1977 ex.s. c 355 § 15;
1963 c 154 § 12; 1961 c 12 § 46.37.170. Prior: 1955 c 269 §
17; prior: 1937 c 189 § 21; RRS § 6360-21; RCW 46.40.080;
1927 c 309 § 34; 1921 c 96 § 22, part; 1917 c 40 § 1; RRS §
6362-34.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.180
46.37.180 Spot lamps and auxiliary lamps. (1) Spot
lamps. Any motor vehicle may be equipped with not to
exceed two spot lamps and every lighted spot lamp shall be
so aimed and used that no part of the high intensity portion of
the beam will strike the windshield, or any windows, mirror,
or occupant of another vehicle in use.
(2) Fog lamps. Any motor vehicle may be equipped with
not to exceed two fog lamps mounted on the front at a height
of not less than twelve inches nor more than thirty inches
above the level surface upon which the vehicle stands and so
aimed that when the vehicle is not loaded none of the high
intensity portion of the light to the left of the center of the
vehicle shall at a distance of twenty-five feet ahead project
higher than a level of four inches below the level of the center
of the lamp from which it comes. Lighted fog lamps meeting
the above requirements may be used with lower head lamp
beams as specified in RCW 46.37.220.
(3) Auxiliary passing lamps. Any motor vehicle may be
equipped with not to exceed two auxiliary passing lamps
mounted on the front at a height not less than twenty-four
inches nor more than forty-two inches above the level surface
upon which the vehicle stands. The provisions of RCW
46.37.220 shall apply to any combinations of head lamps and
auxiliary passing lamps.
(4) Auxiliary driving lamps. Any motor vehicle may be
equipped with not to exceed two auxiliary driving lamps
mounted on the front at a height not less than sixteen inches
nor more than forty-two inches above the level surface upon
which the vehicle stands. The provisions of RCW 46.37.220
shall apply to any combination of head lamps and auxiliary
driving lamps. [1963 c 154 § 13; 1961 c 12 § 46.37.180.
(2004 Ed.)
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.184
46.37.184 Red flashing lights on fire department
vehicles. All fire department vehicles in service shall be
identified by red lights of an intermittent flashing type, visible from both front and rear for a distance of five hundred feet
under normal atmospheric conditions. Such red flashing
lights shall be well separated from the headlights so that they
will not black out when headlights are on. Such red flashing
lights shall be in operation at all times when such vehicle is
on emergency status. [1961 c 12 § 46.37.184. Prior: 1953 c
161 § 1. Formerly RCW 46.40.220.]
46.37.185
46.37.185 Green light on firemen's private cars. Firemen, when approved by the chief of their respective service,
shall be authorized to use a green light on the front of their
private cars when on emergency duty only. Such green light
shall be visible for a distance of two hundred feet under normal atmospheric conditions and shall be of a type and mounting approved by the Washington state patrol. The use of the
green light shall only be for the purpose of identification and
the operator of a vehicle so equipped shall not be entitled to
any of the privileges provided in RCW 46.61.035 for the
operators of authorized emergency vehicles. [1987 c 330 §
709; 1971 ex.s. c 92 § 3; 1961 c 12 § 46.37.185. Prior: 1953
c 161 § 2. Formerly RCW 46.40.230.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.37.186
46.37.186 Fire department sign or plate on private
car. (1) No private vehicle, bearing a sign or plate indicating
a fire department connection, shall be driven or operated on
any public highway, except when the owner thereof is a bona
fide member of a fire department.
(2) Any sign or plate indicating fire department connection on a private car of any member of a fire department shall
include the name of the municipality or fire department organization to which the owner belongs. [1961 c 12 § 46.37.186.
Prior: 1953 c 161 § 3. Formerly RCW 46.40.240.]
46.37.187
46.37.187 Green light, sign or plate—Identification
card required. Any individual displaying a green light as
authorized in RCW 46.37.185, or a sign or plate as authorized
in RCW 46.37.186, shall also carry attached to a convenient
location on the private vehicle to which the green light or sign
or plate is attached, an identification card showing the name
of the owner of said vehicle, the organization to which he or
she belongs and bearing the signature of the chief of the service involved. [1971 ex.s. c 92 § 2; 1961 c 12 § 46.37.187.
Prior: 1953 c 161 § 4. Formerly RCW 46.40.250.]
46.37.188
46.37.188 Penalty for violation of RCW 46.37.184
through 46.37.188. Every violation of RCW 46.37.184,
46.37.185, 46.37.186, or 46.37.187 is a traffic infraction.
[1979 ex.s. c 136 § 70; 1961 c 12 § 46.37.188. Prior: 1953 c
161 § 5. Formerly RCW 46.40.260.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
[Title 46 RCW—page 145]
46.37.190
46.37.190
Title 46 RCW: Motor Vehicles
46.37.190 Warning devices on vehicles—Other drivers yield and stop. (1) Every authorized emergency vehicle
shall, in addition to any other equipment and distinctive
marking required by this chapter, be equipped with at least
one lamp capable of displaying a red light visible from at
least five hundred feet in normal sunlight and a siren capable
of giving an audible signal.
(2) Every school bus and private carrier bus shall, in
addition to any other equipment and distinctive markings
required by this chapter, be equipped with a "stop" signal
upon a background not less than fourteen by eighteen inches
displaying the word "stop" in letters of distinctly contrasting
colors not less than eight inches high, and shall further be
equipped with signal lamps mounted as high and as widely
spaced laterally as practicable, which shall be capable of displaying to the front two alternately flashing red lights located
at the same level and to the rear two alternately flashing red
lights located at the same level and these lights shall have sufficient intensity to be visible at five hundred feet in normal
sunlight.
(3) Vehicles operated by public agencies whose law
enforcement duties include the authority to stop and detain
motor vehicles on the public highways of the state may be
equipped with a siren and lights of a color and type designated by the state patrol for that purpose. The state patrol may
prohibit the use of these sirens and lights on vehicles other
than the vehicles described in this subsection.
(4) The lights described in this section shall not be
mounted nor used on any vehicle other than a school bus, a
private carrier bus, or an authorized emergency or law
enforcement vehicle. Optical strobe light devices shall not be
installed or used on any vehicle other than an emergency
vehicle authorized by the state patrol, a publicly owned law
enforcement or emergency vehicle, a department of transportation, city, or county maintenance vehicle, or a public transit
vehicle.
(a) An "optical strobe light device" used by emergency
vehicles means a strobe light device which emits an optical
signal at a specific frequency to a traffic control light
enabling the emergency vehicle in which the strobe light
device is used to obtain the right of way at intersections.
(b) An "optical strobe light device" used by department
of transportation, city, or county maintenance vehicles means
a strobe light device that emits an optical signal at a specific
frequency to a traffic control light enabling the department of
transportation maintenance vehicle in which the strobe light
device is used to perform maintenance tests.
(c) An "optical strobe light device" used by public transit
vehicles means a strobe light device that emits an optical signal at a specific frequency to a traffic control light enabling
the public transit vehicle in which the strobe light device is
used to accelerate the cycle of the traffic control light. For the
purposes of this section, "public transit vehicle" means vehicles, owned by a governmental entity, with a seating capacity
for twenty-five or more persons and used to provide mass
transportation. Public transit vehicles operating an optical
strobe light will have second degree priority to emergency
vehicles when simultaneously approaching the same traffic
control light.
(5) The use of the signal equipment described herein,
except the optical strobe light devices used by public transit
[Title 46 RCW—page 146]
vehicles and department of transportation, city, or county
maintenance vehicles that are not used in conjunction with
emergency equipment, shall impose upon drivers of other
vehicles the obligation to yield right of way and stop as prescribed in RCW 46.61.210, 46.61.370, and 46.61.350. [1993
c 401 § 2; 1987 c 330 § 710; 1985 c 331 § 1; 1982 c 101 § 1;
1971 ex.s. c 92 § 1; 1970 ex.s. c 100 § 5; 1965 ex.s. c 155 §
53; 1963 c 154 § 14; 1961 c 12 § 46.37.190. Prior: 1957 c 66
§ 1; 1955 c 269 § 19.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.37.191
46.37.191 Implementing rules. The state patrol shall
adopt rules to implement RCW 46.37.190. [1993 c 401 § 3.]
46.37.193
46.37.193 Signs on buses. Every school bus and private
carrier bus, in addition to any other equipment or distinctive
markings required by this chapter, shall bear upon the front
and rear thereof, above the windows thereof, plainly visible
signs containing only the words "school bus" on a school bus
and only the words "private carrier bus" on a private carrier
bus in letters not less than eight inches in height, and in addition shall be equipped with visual signals meeting the
requirements of RCW 46.37.190. School districts may affix
signs designed according to RCW 46.61.380 informing
motorists of the monetary penalty for failure to stop for a
school bus when the visual signals are activated.
However, a private carrier bus that regularly transports
children to and from a private school or in connection with
school activities may display the words "school bus" in a
manner provided in this section and need not comply with the
requirements set forth in the most recent edition of "Specifications for School Buses" published by the superintendent of
public instruction. [1997 c 80 § 3; 1995 c 141 § 2; 1990 c 241
§ 10.]
School bus markings: RCW 46.61.380.
46.37.194
46.37.194 Authorized emergency vehicles—Rules,
tests, approval by state patrol. The state patrol may make
rules and regulations relating to authorized emergency vehicles and shall test and approve sirens and emergency vehicle
lamps to be used on such vehicles. [1987 c 330 § 711; 1961
c 12 § 46.37.194. Prior: 1957 c 66 § 3.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.37.195
46.37.195 Sale of emergency vehicle lighting equipment restricted. A public agency shall not sell or give emergency vehicle lighting equipment or other equipment to a
person who may not lawfully operate the lighting equipment
or other equipment on the public streets and highways. [1990
c 94 § 2.]
Legislative finding—1990 c 94: "The legislature declares that public
agencies should not engage in activity that leads or abets a person to engage
in conduct that is not lawful. The legislature finds that some public agencies
sell emergency vehicle lighting equipment at public auctions to persons who
may not lawfully use the equipment. The legislature further finds that this
practice misleads well-intentioned citizens and also benefits malevolent individuals." [1990 c 94 § 1.]
(2004 Ed.)
Vehicle Lighting and Other Equipment
46.37.196
46.37.196 Red lights on emergency tow trucks. All
emergency tow trucks shall be identified by an intermittent or
revolving red light capable of 360° visibility at a distance of
five hundred feet under normal atmospheric conditions. This
intermittent or revolving red light shall be used only at the
scene of an emergency or accident, and it will be unlawful to
use such light while traveling to or from an emergency or
accident, or for any other purposes. [1977 ex.s. c 355 § 16.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.200
46.37.200 Stop lamps and electric turn signals. (1)
Any vehicle may be equipped and when required under this
chapter shall be equipped with a stop lamp or lamps on the
rear of the vehicle which shall display a red or amber light, or
any shade of color between red and amber, visible from a distance of not less than one hundred feet and on any vehicle
manufactured or assembled after January 1, 1964, three hundred feet to the rear in normal sunlight, and which shall be
actuated upon application of a service brake, and which may
but need not be incorporated with one or more other rear
lamps.
(2) Any vehicle may be equipped and when required
under RCW 46.37.070(2) shall be equipped with electric turn
signals which shall indicate an intention to turn by flashing
lights showing to the front and rear of a vehicle or on a combination of vehicles on the side of the vehicle or combination
toward which the turn is to be made. The lamps showing to
the front shall be mounted on the same level and as widely
spaced laterally as practicable and, when signaling, shall emit
amber light: PROVIDED, That on any vehicle manufactured
prior to January 1, 1969, the lamps showing to the front may
emit white or amber light, or any shade of light between
white and amber. The lamp showing to the rear shall be
mounted on the same level and as widely spaced laterally as
practicable, and, when signaling, shall emit a red or amber
light, or any shade of color between red and amber. Turn signal lamps shall be visible from a distance of not less than five
hundred feet to the front and rear in normal sunlight. Turn
signal lamps may, but need not be, incorporated in other
lamps on the vehicle. [1977 ex.s. c 355 § 17; 1963 c 154 §
15; 1961 c 12 § 46.37.200. Prior: 1955 c 269 § 20; prior:
1953 c 248 § 2, part; 1947 c 267 § 4, part; 1937 c 189 § 23,
part; Rem. Supp. 1947 § 6360-23, part; RCW 46.40.090,
part; 1929 c 178 § 1, part; 1927 c 309 § 15, part; RRS § 636215.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.210
46.37.210 Additional lighting equipment. (1) Any
motor vehicle may be equipped with not more than two side
cowl or fender lamps which shall emit an amber or white
light without glare.
(2) Any motor vehicle may be equipped with not more
than one running-board courtesy lamp on each side thereof
which shall emit a white or amber light without glare.
(3) Any motor vehicle may be equipped with one or
more back-up lamps either separately or in combination with
other lamps, but any such back-up lamp or lamps shall not be
lighted when the motor vehicle is in forward motion.
(2004 Ed.)
46.37.215
(4) Any vehicle may be equipped with one or more side
marker lamps, and any such lamp may be flashed in conjunction with turn or vehicular hazard warning signals. Side
marker lamps located toward the front of a vehicle shall be
amber, and side marker lamps located toward the rear shall be
red.
(5) Any vehicle eighty inches or more in over-all width,
if not otherwise required by RCW 46.37.090, may be
equipped with not more than three identification lamps showing to the front which shall emit an amber light without glare
and not more than three identification lamps showing to the
rear which shall emit a red light without glare. Such lamps
shall be mounted as specified in RCW 46.37.090(7).
(6)(a) Every motor vehicle, trailer, semitrailer, truck
tractor, and pole trailer used in the state of Washington may
be equipped with an auxiliary lighting system consisting of:
(i) One green light to be activated when the accelerator
of the motor vehicle is depressed;
(ii) Not more than two amber lights to be activated when
the motor vehicle is moving forward, or standing and idling,
but is not under the power of the engine.
(b) Such auxiliary system shall not interfere with the
operation of vehicle stop lamps or turn signals, as required by
RCW 46.37.070. Such system, however, may operate in conjunction with such stop lamps or turn signals.
(c) Only one color of the system may be illuminated at
any one time, and at all times either the green light, or amber
light or lights shall be illuminated when the stop lamps of the
vehicle are not illuminated.
(d) The green light, and the amber light or lights, when
illuminated shall be plainly visible at a distance of one thousand feet to the rear.
(e) Only one such system may be mounted on a motor
vehicle, trailer, semitrailer, truck tractor, or pole trailer; and
such system shall be rear mounted in a horizontal fashion, at
a height of not more than seventy-two inches, nor less than
twenty inches, as provided by RCW 46.37.050.
(f) On a combination of vehicles, only the lights of the
rearmost vehicle need actually be seen and distinguished as
provided in subparagraph (d) of this subsection.
(g) Each manufacturer's model of such a system as
described in this subsection shall be approved by the state
patrol as provided for in RCW 46.37.005 and 46.37.320,
before it may be sold or offered for sale in the state of Washington. [1987 c 330 § 712; 1977 ex.s. c 355 § 18; 1975 1st
ex.s. c 242 § 1; 1963 c 154 § 16; 1961 c 12 § 46.37.210. Prior:
1955 c 269 § 21; prior: 1937 c 189 § 24; RRS § 6360-24;
RCW 46.40.100.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.215 Hazard warning lamps. (1) Any vehicle
may be equipped with lamps for the purpose of warning other
operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking, or passing.
(2) After June 1, 1978, every motor home, bus, truck,
truck tractor, trailer, semitrailer, or pole trailer eighty inches
or more in overall width or thirty feet or more in overall
46.37.215
[Title 46 RCW—page 147]
46.37.220
Title 46 RCW: Motor Vehicles
length shall be equipped with lamps meeting the requirements of this section.
(3) Vehicular hazard warning signal lamps used to display such warning to the front shall be mounted at the same
level and as widely spaced laterally as practicable, and shall
display simultaneously flashing amber light: PROVIDED,
That on any vehicle manufactured prior to January 1, 1969,
the lamps showing to the front may display simultaneously
flashing white or amber lights, or any shade of color between
white and amber. The lamps used to display such warning to
the rear shall be mounted at the same level and as widely
spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color
between amber and red. These warning lights shall be visible
from a distance of not less than five hundred feet in normal
sunlight. [1977 ex.s. c 355 § 19.]
use a distribution of light, or composite beam, so aimed that
the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite
beam, specified in RCW 46.37.220(2) shall be deemed to
avoid glare at all times, regardless of road contour and loading.
(3) Whenever the driver of a vehicle approaches another
vehicle from the rear within three hundred feet such driver
shall use a distribution of light permissible under this chapter
other than the uppermost distribution of light specified in
RCW 46.37.220(1). [1963 c 154 § 17; 1961 c 12 § 46.37.230.
Prior: 1955 c 269 § 23; prior: 1947 c 267 § 5, part; Rem.
Supp. 1947 § 6360-25a, part; RCW 46.40.140, part; 1933 c
156 § 3, part; 1929 c 178 § 5, part; 1927 c 309 § 22, part; RRS
§ 6362-22, part.]
Effective date—1963 c 154: See note following RCW 46.37.010.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.240
46.37.220
46.37.220 Multiple-beam road-lighting equipment.
Except as hereinafter provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles shall be so arranged that the
driver may select at will between distributions of light projected to different elevations, and such lamps may be so
arranged that such selection can be made automatically subject to the following limitations:
(1) There shall be an uppermost distribution of light, or
composite beam, so aimed and of such intensity as to reveal
persons and vehicles at a distance of four hundred fifty feet
ahead for all conditions of loading;
(2) There shall be a lowermost distribution of light, or
composite beam, so aimed and of sufficient intensity to
reveal persons and vehicles at a distance of one hundred fifty
feet ahead; and on a straight level road under any conditions
of loading none of the high intensity portion of the beam shall
be directed to strike the eyes of an approaching driver;
(3) Every new motor vehicle registered in this state after
January 1, 1948, which has multiple-beam road-lighting
equipment shall be equipped with a beam indicator, which
shall be lighted whenever the uppermost distribution of light
from the head lamps is in use, and shall not otherwise be
lighted. Said indicator shall be so designed and located that
when lighted it will be readily visible without glare to the
driver of the vehicle so equipped. [1977 ex.s. c 355 § 20;
1961 c 12 § 46.37.220. Prior: 1955 c 269 § 22; prior: 1947 c
267 § 5, part; Rem. Supp. 1947 § 6360-25a, part; RCW
46.40.140, part; 1933 c 156 § 3, part; 1929 c 178 § 5, part;
1927 c 309 § 22, part; RRS § 6362-22, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.230
46.37.230 Use of multiple-beam road-lighting equipment. (1) Whenever a motor vehicle is being operated on a
roadway or shoulder adjacent thereto during the times specified in RCW 46.37.020, the driver shall use a distribution of
light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following
requirements and limitations:
(2) Whenever a driver of a vehicle approaches an
oncoming vehicle within five hundred feet, such driver shall
[Title 46 RCW—page 148]
46.37.240 Single-beam road-lighting equipment.
Head lamp systems which provide only a single distribution
of light shall be permitted on all farm tractors regardless of
date of manufacture, and on all other motor vehicles manufactured and sold prior to one year after March 18, 1955, in
lieu of multiple-beam road-lighting equipment herein specified if the single distribution of light complies with the following requirements and limitations:
(1) The head lamps shall be so aimed that when the vehicle is not loaded none of the high intensity portion of the light
shall at a distance of twenty-five feet ahead project higher
than a level of five inches below the level of the center of the
lamp from which it comes, and in no case higher than fortytwo inches above the level on which the vehicle stands at a
distance of seventy-five feet ahead;
(2) The intensity shall be sufficient to reveal persons and
vehicles at a distance of at least two hundred feet. [1977 ex.s.
c 355 § 21; 1963 c 154 § 18; 1961 c 12 § 46.37.240. Prior:
1955 c 269 § 24; prior: 1947 c 267 § 5, part; Rem. Supp.
1947 § 6360-25a, part; RCW 46.40.140, part; 1933 c 156 § 3,
part; 1929 c 178 § 5, part; 1927 c 309 § 22, part; RRS § 636222, part.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.260
46.37.260 Alternate road lighting equipment. Any
motor vehicle may be operated under the conditions specified
in RCW 46.37.020 when equipped with two lighted lamps
upon the front thereof capable of revealing persons and
objects one hundred feet ahead in lieu of lamps required in
RCW 46.37.220 or 46.37.240: PROVIDED, HOWEVER,
That at no time shall it be operated at a speed in excess of
twenty miles per hour. [1977 ex.s. c 355 § 22; 1961 c 12 §
46.37.260. Prior: 1955 c 269 § 26; prior: 1937 c 189 § 27;
RRS § 6360-27; RCW 46.40.150.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.270
46.37.270 Number of lamps required—Number of
additional lamps permitted. (1) At all times specified in
RCW 46.37.020, at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle,
except when such vehicle is parked subject to the regulations
governing lights on parked vehicles.
(2004 Ed.)
Vehicle Lighting and Other Equipment
(2) Whenever a motor vehicle equipped with head lamps
as herein required is also equipped with any auxiliary lamps
or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than three hundred candlepower, not more than a total of two of any such additional
lamps on the front of a vehicle shall be lighted at any one time
when upon a highway. [1977 ex.s. c 355 § 23; 1961 c 12 §
46.37.270. Prior: 1955 c 269 § 27; prior: 1937 c 189 § 28;
RRS § 6360-28; RCW 46.40.160; 1929 c 178 § 2; 1927 c 309
§ 19; 1921 c 96 § 22, part; 1919 c 59 § 10, part; 1917 c 155 §
15, part; 1915 c 142 § 21, part; RRS § 6362-19.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.280
46.37.280 Special restrictions on lamps. (1) During
the times specified in RCW 46.37.020, any lighted lamp or
illuminating device upon a motor vehicle, other than head
lamps, spot lamps, auxiliary lamps, flashing turn signals,
emergency vehicle warning lamps, warning lamps authorized
by the state patrol and school bus warning lamps, which
projects a beam of light of an intensity greater than three hundred candlepower shall be so directed that no part of the high
intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than
seventy-five feet from the vehicle.
(2) Except as required in RCW 46.37.190 no person shall
drive or move any vehicle or equipment upon any highway
with any lamp or device thereon displaying a red light visible
from directly in front of the center thereof.
(3) Flashing lights are prohibited except as required in
RCW 46.37.190, 46.37.200, 46.37.210, 46.37.215, and
46.37.300, warning lamps authorized by the state patrol, and
light-emitting diode flashing taillights on bicycles. [1998 c
165 § 16; 1987 c 330 § 713; 1977 ex.s. c 355 § 24; 1963 c 154
§ 19; 1961 c 12 § 46.37.280. Prior: 1955 c 269 § 28; prior:
1949 c 157 § 2; 1947 c 267 § 6; 1947 c 200 § 2; 1937 c 189 §
29; Rem. Supp. 1949 § 6360-29; RCW 46.40.170; 1927 c 309
§ 33; RRS § 6362-33.]
Short title—1998 c 165: See note following RCW 43.59.010.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.290
46.37.290 Special lighting equipment on school buses
and private carrier buses. The chief of the Washington
state patrol is authorized to adopt standards and specifications applicable to lighting equipment on and special warning
devices to be carried by school buses and private carrier
buses consistent with the provisions of this chapter, but supplemental thereto. Such standards and specifications shall
correlate with and, so far as possible, conform to the specifications then current as approved by the society of automotive
engineers. [1987 c 330 § 714; 1977 c 45 § 1; 1970 ex.s. c 100
§ 6; 1961 c 12 § 46.37.290. Prior: 1955 c 269 § 29; prior:
1937 c 189 § 25, part; RRS § 6360-25, part; RCW 46.40.130,
part; 1929 c 178 § 3, part; 1927 c 309 § 20, part; RRS §
6362-20, part.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
School buses—Crossing arms: RCW 46.37.620.
(2004 Ed.)
46.37.320
46.37.300
46.37.300 Standards for lights on snow-removal or
highway maintenance and service equipment. (1) The
state patrol shall adopt standards and specifications applicable to head lamps, clearance lamps, identification and other
lamps on snow-removal and other highway maintenance and
service equipment when operated on the highways of this
state in lieu of the lamps otherwise required on motor vehicles by this chapter. Such standards and specifications may
permit the use of flashing lights for purposes of identification
on snow-removal and other highway maintenance and service equipment when in service upon the highways. The standards and specifications for lamps referred to in this section
shall correlate with and, so far as possible, conform with
those approved by the American association of state highway
officials.
(2) It shall be unlawful to operate any snow-removal and
other highway maintenance and service equipment on any
highway unless the lamps thereon comply with and are
lighted when and as required by the standards and specifications adopted as provided in this section. [1987 c 330 § 715;
1963 c 154 § 20; 1961 c 12 § 46.37.300. Prior: 1955 c 269 §
30.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.310
46.37.310 Selling or using lamps or equipment. (1)
No person may have for sale, sell, or offer for sale for use
upon or as a part of the equipment of a motor vehicle, trailer,
or semitrailer, or use upon any such vehicle any head lamp,
auxiliary or fog lamp, rear lamp, signal lamp, or reflector,
which reflector is required under this chapter, or parts of any
of the foregoing which tend to change the original design or
performance, unless of a type which has been submitted to
the state patrol and conforming to rules adopted by it.
(2) No person may have for sale, sell, or offer for sale for
use upon or as a part of the equipment of a motor vehicle,
trailer, or semitrailer any lamp or device mentioned in this
section conforming to rules adopted by the state patrol unless
such lamp or device bears thereon the trademark or name
under which it is approved so as to be legible when installed.
(3) No person may use upon any motor vehicle, trailer,
or semitrailer any lamps mentioned in this section unless the
lamps are mounted, adjusted, and aimed in accordance with
instructions of the state patrol. [1987 c 330 § 716; 1986 c 113
§ 1; 1961 c 12 § 46.37.310. Prior: 1955 c 269 § 31; prior:
1937 c 189 § 30; RRS § 6360-30; RCW 46.40.180; 1929 c
178 § 12; 1927 c 309 § 35; RRS § 6362-35.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.37.320
46.37.320 Authority of state patrol regarding lighting devices or other safety equipment. (1) The chief of the
state patrol is hereby authorized to adopt and enforce rules
establishing standards and specifications governing the performance of lighting devices and their installation, adjustment, and aiming, when in use on motor vehicles, and other
safety equipment, components, or assemblies of a type for
which regulation is required in this chapter or in rules
adopted by the state patrol. Such rules shall correlate with
and, so far as practicable, conform to federal motor vehicle
[Title 46 RCW—page 149]
46.37.330
Title 46 RCW: Motor Vehicles
safety standards adopted pursuant to the national traffic and
motor vehicle safety act of 1966 (15 U.S.C. Sec. 1381 et seq.)
covering the same aspect of performance, or in the absence of
such federal standards, to the then current standards and specifications of the society of automotive engineers applicable to
such equipment: PROVIDED, That the sale, installation, and
use of any headlamp meeting the standards of either the society of automotive engineers or the United Nations agreement
concerning motor vehicle equipment and parts done at
Geneva on March 20, 1958, or as amended and adopted by
the Canadian standards association (CSA standard D106.2),
as amended, shall be lawful in this state.
(2) Every manufacturer who sells or offers for sale lighting devices or other safety equipment subject to requirements
established by the state patrol shall, if the lighting device or
safety equipment is not in conformance with applicable federal motor vehicle safety standards, provide for submission of
such lighting device or safety equipment to any recognized
organization or agency such as, but not limited to, the American national standards institute, the society of automotive
engineers, or the American association of motor vehicle
administrators, as the agent of the state patrol. Issuance of a
certificate of compliance for any lighting device or item of
safety equipment by that agent is deemed to comply with the
standards set forth by the state patrol. Such certificate shall be
issued by the agent of the state before sale of the product
within the state.
(3) The state patrol may at any time request from the
manufacturer a copy of the test data showing proof of compliance of any device with the requirements established by the
state patrol and additional evidence that due care was exercised in maintaining compliance during production. If the
manufacturer fails to provide such proof of compliance
within sixty days of notice from the state patrol, the state
patrol may prohibit the sale of the device in this state until
acceptable proof of compliance is received by the state patrol.
(4) The state patrol or its agent may purchase any lighting device or other safety equipment, component, or assembly subject to this chapter or rules adopted by the state patrol
under this chapter, for purposes of testing or retesting the
equipment as to its compliance with applicable standards or
specifications. [1987 c 330 § 717; 1986 c 113 § 2. Prior:
1977 ex.s. c 355 § 25; 1977 ex.s. c 20 § 1; 1961 c 12 §
46.37.320; prior: 1955 c 269 § 32; prior: 1937 c 189 § 31;
RRS § 6360-31; RCW 46.40.190; 1933 c 156 § 4, part; 1929
c 178 § 6, part; 1927 c 309 § 23, part; RRS § 6362-23, part.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.330
46.37.330 Revocation of certificate of approval on
devices—Reapproval, conditions. (1) When the state patrol
has reason to believe that an approved device does not comply with the requirements of this chapter or regulations issued
by the state patrol, it may, after giving thirty days' previous
notice to the person holding the certificate of approval for
such device in this state, conduct a hearing upon the question
of compliance of said approved device. After said hearing the
state patrol shall determine whether said approved device
meets the requirements of this chapter and regulations issued
by the state patrol. If said device does not meet the require[Title 46 RCW—page 150]
ments of this chapter or the state patrol's regulations it shall
give notice to the one to whom the certificate of approval has
been issued of the state patrol's intention to suspend or revoke
the certificate of approval for such device in this state.
(2) If at the expiration of ninety days after such notice the
person holding the certificate of approval for such device has
failed to satisfy the state patrol that said approved device as
thereafter to be sold or offered for sale meets the requirements of this chapter or the state patrol's regulations, the state
patrol shall suspend or revoke the approval issued therefor
and shall require the withdrawal of all such devices from the
market and may require that all said devices sold since the
notification be replaced with devices that do comply.
(3) When a certificate of approval has been suspended or
revoked pursuant to this chapter or regulations by the state
patrol, the device shall not be again approved unless and until
it has been submitted for reapproval and it has been demonstrated, in the same manner as in an application for an original approval, that the device fully meets the requirements of
this chapter or regulations issued by the state patrol. The state
patrol may require that all previously approved items are
being effectively recalled and removed from the market as a
condition of reapproval. [1987 c 330 § 718; 1977 ex.s. c 355
§ 26; 1961 c 12 § 46.37.330. Prior: 1955 c 269 § 33; prior:
1937 c 189 § 32; RRS § 6360-32; RCW 46.40.200; 1933 c
156 § 4, part; 1929 c 178 § 6, part; 1927 c 309 § 23, part; RRS
§ 6362-23, part.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.340
46.37.340 Braking equipment required. Every motor
vehicle, trailer, semitrailer, and pole trailer, and any combination of such vehicle operating upon a highway within this
state shall be equipped with brakes in compliance with the
requirements of this chapter.
(1) Service brakes—adequacy. Every such vehicle and
combination of vehicles, except special mobile equipment as
defined in RCW 46.04.552, shall be equipped with service
brakes complying with the performance requirements of
RCW 46.37.351 and adequate to control the movement of
and to stop and hold such vehicle under all conditions of
loading, and on any grade incident to its operation.
(2) Parking brakes—adequacy. Every such vehicle and
combination of vehicles shall be equipped with parking
brakes adequate to hold the vehicle on any grade on which it
is operated, under all conditions of loading, on a surface free
from snow, ice, or loose material. The parking brakes shall be
capable of being applied in conformance with the foregoing
requirements by the driver's muscular effort or by spring
action or by equivalent means. Their operation may be
assisted by the service brakes or other source of power provided that failure of the service brake actuation system or
other power assisting mechanism will not prevent the parking
brakes from being applied in conformance with the foregoing
requirements. The parking brakes shall be so designed that
when once applied they shall remain applied with the
required effectiveness despite exhaustion of any source of
energy or leakage of any kind. The same brake drums, brake
shoes and lining assemblies, brake shoe anchors, and
mechanical brake shoe actuation mechanism normally asso(2004 Ed.)
Vehicle Lighting and Other Equipment
ciated with the wheel brake assemblies may be used for both
the service brakes and the parking brakes. If the means of
applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of
any one part shall not leave the vehicle without operative
brakes.
(3) Brakes on all wheels. Every vehicle shall be equipped
with brakes acting on all wheels except:
(a) Trailers, semitrailers, or pole trailers of a gross
weight not exceeding three thousand pounds, provided that:
(i) The total weight on and including the wheels of the
trailer or trailers shall not exceed forty percent of the gross
weight of the towing vehicle when connected to the trailer or
trailers; and
(ii) The combination of vehicles consisting of the towing
vehicle and its total towed load, is capable of complying with
the performance requirements of RCW 46.37.351;
(b) Trailers, semitrailers, or pole trailers manufactured
and assembled prior to July 1, 1965, shall not be required to
be equipped with brakes when the total weight on and including the wheels of the trailer or trailers does not exceed two
thousand pounds;
(c) Any vehicle being towed in driveaway or towaway
operations, provided the combination of vehicles is capable
of complying with the performance requirements of RCW
46.37.351;
(d) Trucks and truck tractors manufactured before July
25, 1980, and having three or more axles need not have
brakes on the front wheels, except that when such vehicles
are equipped with at least two steerable axles, the wheels of
one steerable axle need not have brakes. Trucks and truck
tractors manufactured on or after July 25, 1980, and having
three or more axles are required to have brakes on the front
wheels, except that when such vehicles are equipped with at
least two steerable axles, the wheels of one steerable axle
need not have brakes. Such trucks and truck tractors may be
equipped with an automatic device to reduce the front-wheel
braking effort by up to fifty percent of the normal braking
force, regardless of whether or not antilock system failure has
occurred on any axle, and:
(i) Must not be operable by the driver except upon application of the control that activates the braking system; and
(ii) Must not be operable when the pressure that transmits brake control application force exceeds eighty-five
pounds per square inch (psi) on air-mechanical braking systems, or eighty-five percent of the maximum system pressure
in vehicles utilizing other than compressed air.
All trucks and truck tractors having three or more axles
must be capable of complying with the performance requirements of RCW 46.37.351;
(e) Special mobile equipment as defined in RCW
46.04.552 and all vehicles designed primarily for off-highway use with braking systems which work within the power
train rather than directly at each wheel;
(f) Vehicles manufactured prior to January 1, 1930, may
have brakes operating on only two wheels.
(g) For a forklift manufactured after January 1, 1970, and
being towed, wheels need not have brakes except for those on
the rearmost axle so long as such brakes, together with the
brakes on the towing vehicle, shall be adequate to stop the
(2004 Ed.)
46.37.340
combination within the stopping distance requirements of
RCW 46.37.351.
(4) Automatic trailer brake application upon breakaway.
Every trailer, semitrailer, and pole trailer equipped with air or
vacuum actuated brakes and every trailer, semitrailer, and
pole trailer with a gross weight in excess of three thousand
pounds, manufactured or assembled after January 1, 1964,
shall be equipped with brakes acting on all wheels and of
such character as to be applied automatically and promptly,
and remain applied for at least fifteen minutes, upon breakaway from the towing vehicle.
(5) Tractor brakes protected. Every motor vehicle manufactured or assembled after January 1, 1964, and used to tow
a trailer, semitrailer, or pole trailer equipped with brakes,
shall be equipped with means for providing that in case of
breakaway of the towed vehicle, the towing vehicle will be
capable of being stopped by the use of its service brakes.
(6) Trailer air reservoirs safeguarded. Air brake systems
installed on trailers manufactured or assembled after January
1, 1964, shall be so designed that the supply reservoir used to
provide air for the brakes shall be safeguarded against backflow of air from the reservoir through the supply line.
(7) Two means of emergency brake operation.
(a) Air brakes. After January 1, 1964, every towing vehicle equipped with air controlled brakes, in other than driveaway or towaway operations, and all other vehicles equipped
with air controlled brakes, shall be equipped with two means
for emergency application of the brakes. One of these means
shall apply the brakes automatically in the event of a reduction of the vehicle's air supply to a fixed pressure which shall
be not lower than twenty pounds per square inch nor higher
than forty-five pounds per square inch. The other means shall
be a manually controlled device for applying and releasing
the brakes, readily operable by a person seated in the driving
seat, and its emergency position or method of operation shall
be clearly indicated. In no instance may the manual means be
so arranged as to permit its use to prevent operation of the
automatic means. The automatic and the manual means
required by this section may be, but are not required to be,
separate.
(b) Vacuum brakes. After January 1, 1964, every towing
vehicle used to tow other vehicles equipped with vacuum
brakes, in operations other than driveaway or towaway operations, shall have, in addition to the single control device
required by subsection (8) of this section, a second control
device which can be used to operate the brakes on towed
vehicles in emergencies. The second control shall be independent of brake air, hydraulic, and other pressure, and independent of other controls, unless the braking system be so
arranged that failure of the pressure upon which the second
control depends will cause the towed vehicle brakes to be
applied automatically. The second control is not required to
provide modulated braking.
(8) Single control to operate all brakes. After January 1,
1964, every motor vehicle, trailer, semitrailer, and pole
trailer, and every combination of such vehicles, equipped
with brakes shall have the braking system so arranged that
one control device can be used to operate all service brakes.
This requirement does not prohibit vehicles from being
equipped with an additional control device to be used to operate brakes on the towed vehicles. This regulation does not
[Title 46 RCW—page 151]
46.37.340
Title 46 RCW: Motor Vehicles
apply to driveaway or towaway operations unless the brakes
on the individual vehicles are designed to be operated by a
single control in the towing vehicle.
(9) Reservoir capacity and check valve.
(a) Air brakes. Every bus, truck, or truck tractor with air
operated brakes shall be equipped with at least one reservoir
sufficient to insure that, when fully charged to the maximum
pressure as regulated by the air compressor governor cut-out
setting, a full service brake application may be made without
lowering such reservoir pressure by more than twenty percent. Each reservoir shall be provided with means for readily
draining accumulated oil or water.
(b) Vacuum brakes. After January 1, 1964, every truck
with three or more axles equipped with vacuum assistor type
brakes and every truck tractor and truck used for towing a
vehicle equipped with vacuum brakes shall be equipped with
a reserve capacity or a vacuum reservoir sufficient to insure
that, with the reserve capacity or reservoir fully charged and
with the engine stopped, a full service brake application may
be made without depleting the vacuum supply by more than
forty percent.
(c) Reservoir safeguarded. All motor vehicles, trailers,
semitrailers, and pole trailers, when equipped with air or vacuum reservoirs or reserve capacity as required by this section,
shall have such reservoirs or reserve capacity so safeguarded
by a check valve or equivalent device that in the event of failure or leakage in its connection to the source of compressed
air or vacuum, the stored air or vacuum shall not be depleted
by the leak or failure.
(10) Warning devices.
(a) Air brakes. Every bus, truck, or truck tractor using
compressed air for the operation of its own brakes or the
brakes on any towed vehicle, shall be provided with a warning signal, other than a pressure gauge, readily audible or visible to the driver, which will operate at any time the primary
supply air reservoir pressure of the vehicle is below fifty percent of the air compressor governor cut-out pressure. In addition, each such vehicle shall be equipped with a pressure
gauge visible to the driver, which indicates in pounds per
square inch the pressure available for braking.
(b) Vacuum brakes. After January 1, 1964, every truck
tractor and truck used for towing a vehicle equipped with
vacuum operated brakes and every truck with three or more
axles using vacuum in the operation of its brakes, except
those in driveaway or towaway operations, shall be equipped
with a warning signal, other than a gauge indicating vacuum,
readily audible or visible to the driver, which will operate at
any time the vacuum in the vehicle's supply reservoir or
reserve capacity is less than eight inches of mercury.
(c) Combination of warning devices. When a vehicle
required to be equipped with a warning device is equipped
with both air and vacuum power for the operation of its own
brakes or the brakes on a towed vehicle, the warning devices
may be, but are not required to be, combined into a single
device which will serve both purposes. A gauge or gauges
indicating pressure or vacuum shall not be deemed to be an
adequate means of satisfying this requirement. [1989 c 221 §
1; 1979 c 11 § 1. Prior: 1977 ex.s. c 355 § 27; 1977 ex.s. c
148 § 2; 1965 ex.s. c 170 § 49; 1963 c 154 § 21; 1961 c 12 §
46.37.340; prior: 1955 c 269 § 34; prior: 1937 c 189 § 34,
part; RRS § 6360-34, part; RCW 46.36.020, 46.36.030, part;
[Title 46 RCW—page 152]
1929 c 180 § 6; 1927 c 309 § 16; 1923 c 181 § 5; 1921 c 96 §
23; 1915 c 142 § 22; RRS § 6362-16.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.351 Performance ability of brakes. Every
motor vehicle and combination of vehicles, at all times and
under all conditions of loading, upon application of the service brakes, shall be capable of:
(1) Developing a braking force that is not less than the
percentage of its gross weight tabulated herein for its classification,
(2) Decelerating to a stop from not more than twenty
miles per hour at not less than the feet per second per second
tabulated herein for its classification, and
(3) Stopping from a speed of twenty miles per hour in not
more than the distance tabulated herein for its classification,
such distance to be measured from the point at which movement of the service brake pedal or control begins.
Tests for deceleration and stopping distance shall be
made on a substantially level (not to exceed plus or minus
one percent grade), dry, smooth, hard surface that is free from
loose material.
Classification
of vehicles
A
B-1
B-2
C-1
C-2
Passenger vehicles with
a seating capacity of
10 people or less
including driver, not
having a manufacturer's
gross vehicle weight
rating . . . . . . . . . . . . . .
All motorcycles and
motor-driven cycles. . .
Single unit vehicles
with a manufacturer's
gross vehicle weight
rating of 10,000
pounds or less . . . . . . .
Single unit vehicles
with a manufacturer's
gross weight rating of
more than 10,000
pounds . . . . . . . . . . . . .
Combinations of a
two-axle towing vehicle
and a trailer with a
gross trailer weight of
3,000 pounds or less . .
Braking
force
as a
percentage of gross
vehicle or
combination
weight
Deceleration in
feet per
second
per
second
Brake
system
application
and
braking
distance
in feet
from an
initial
speed of
20 m.p.h.
52.8%
17
25
43.5%
14
30
43.5%
14
30
43.5%
14
40
43.5%
14
40
(2004 Ed.)
Vehicle Lighting and Other Equipment
C-3 Buses, regardless of the
number of axles, not
having a manufacturer's
gross weight rating . . .
C-4 All combinations of
vehicles in driveawaytowaway operations. . .
D
All other vehicles and
combinations of
vehicles . . . . . . . . . . . .
43.5%
14
40
43.5%
14
40
43.5%
14
50
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.360 Maintenance of brakes—Brake system
failure indicator. (1) All brakes shall be maintained in good
working order and shall be so adjusted as to operate as
equally as practicable with respect to the front and back
wheels and to wheels on opposite sides of the vehicle.
(2) All passenger cars manufactured on or after January
1, 1968, and other types of vehicles manufactured on or after
September 1, 1975, shall be equipped with brake system failure indicator lamps which shall be maintained in good working order. The brake system shall demonstrate good working
order and integrity by the application of a force of one hundred twenty-five pounds to the brake pedal for ten seconds
without the occurrence of any of the following:
(i) Illumination of the brake system failure indicator
lamp;
(ii) A decrease of more than eighty percent of service
brake pedal height as measured from its free position to the
floorboard or any other object which restricts service brake
pedal travel;
(iii) Failure of any hydraulic line or other part.
(3) Brake hoses shall not be mounted so as to contact the
vehicle body or chassis. In addition, brake hoses shall not be
cracked, chafed, flattened, abraded, or visibly leaking. Protection devices such as "rub rings" shall not be considered
part of the hose or tubing.
(4) Disc and drum condition. If the drum is embossed
with a maximum safe diameter dimension or the rotor is
embossed with a minimum safety thickness dimension, the
drum or disc shall be within the appropriate specifications.
These dimensions will be found on motor vehicles manufactured since January 1, 1971, and may be found on vehicles
manufactured for several years prior to that time. If the drums
and discs are not embossed, the drums and discs shall be
within the manufacturer's specifications.
(5) Friction materials. On each brake the thickness of the
lining or pad shall not be less than one thirty-second of an
inch over the rivet heads, or the brake shoe on bonded linings
or pads. Brake linings and pads shall not have cracks or
breaks that extend to rivet holes except minor cracks that do
not impair attachment. Drum brake linings shall be securely
attached to brake shoes. Disc brake pads shall be securely
attached to shoe plates.
(6) Backing plates and caliper assemblies shall not be
deformed or cracked. System parts shall not be broken, misaligned, missing, binding, or show evidence of severe wear.
Automatic adjusters and other parts shall be assembled and
installed correctly. [1977 ex.s. c 355 § 28; 1961 c 12 §
(2004 Ed.)
46.37.360. Prior: 1955 c 269 § 36; prior: 1951 c 56 § 2, part;
1937 c 189 § 34, part; RRS § 6360-34, part; RCW 46.36.020,
46.36.030, part; 1929 c 180 § 6; 1927 c 309 § 16; 1923 c 181
§ 5; 1921 c 96 § 23; 1915 c 142 § 22; RRS § 6362-16.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
[1963 c 154 § 22.]
46.37.360
46.37.369
46.37.365
46.37.365 Hydraulic brake fluid—Defined—Standards and specifications. (1) The term "hydraulic brake
fluid" as used in this section shall mean the liquid medium
through which force is transmitted to the brakes in the
hydraulic brake system of a vehicle.
(2) Hydraulic brake fluid shall be distributed and serviced with due regard for the safety of the occupants of the
vehicle and the public.
(3) The chief of the Washington state patrol shall, in
compliance with the provisions of chapter 34.05 RCW, the
administrative procedure act, which govern the adoption of
rules, adopt and enforce regulations for the administration of
this section and shall adopt and publish standards and specifications for hydraulic brake fluid which shall correlate with,
and so far as practicable conform to, the then current standards and specifications of the society of automotive engineers applicable to such fluid.
(4) No person shall distribute, have for sale, offer for
sale, or sell any hydraulic brake fluid unless it complies with
the requirements of this section and the standard specifications adopted by the state patrol. No person shall service any
vehicle with brake fluid unless it complies with the requirements of this section and the standards and specifications
adopted by the state patrol.
(5) Subsections (3) and (4) of this section shall not apply
to petroleum base fluids in vehicles with brake systems
designed to use them. [1987 c 330 § 719; 1977 ex.s. c 355 §
29; 1963 c 154 § 24.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
46.37.369
46.37.369 Wheels and front suspension. (1) No vehicle shall be equipped with wheel nuts, hub caps, or wheel
discs extending outside the body of the vehicle when viewed
from directly above which:
(a) Incorporate winged projections; or
(b) Constitute a hazard to pedestrians and cyclists.
For the purposes of this section, a wheel nut is defined as an
exposed nut which is mounted at the center or hub of a wheel,
and is not one of the ordinary hexagonal nuts which secure a
wheel to an axle and are normally covered by a hub cap or
wheel disc.
(2) Tire rims and wheel discs shall have no visible
cracks, elongated bolt holes, or indications of repair by welding. In addition, the lateral and radial runout of each rim bead
area shall not exceed one-eighth of an inch of total indicated
runout.
(3) King pins or ball joints shall not be worn to the extent
that front wheels tip in or out more than one-quarter of an
inch at the lower edge of the tire. [1977 ex.s. c 355 § 30.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Lowering vehicle below legal clearance: RCW 46.61.680.
[Title 46 RCW—page 153]
46.37.375
Title 46 RCW: Motor Vehicles
46.37.375 Steering and suspension systems. (1) Construction of steering control system. The steering control system shall be constructed and maintained so that no components or attachments, including horn activating mechanism
and trim hardware, can catch the driver's clothing or jewelry
during normal driving maneuvers.
(2) Maintenance of steering control system. System
play, lash, or free play in the steering system shall not exceed
the values tabulated herein.
the vehicle is operated in response to an emergency call or in
the immediate pursuit of an actual or suspected violator of the
law, in which latter events the driver of the vehicle shall
sound the siren when reasonably necessary to warn pedestrians and other drivers of its approach. [1987 c 330 § 720;
1986 c 113 § 3; 1977 ex.s. c 355 § 32; 1961 c 12 § 46.37.380.
Prior: 1955 c 269 § 38; prior: 1937 c 189 § 35; RRS § 636035; RCW 46.36.040.]
Steering wheel diameter
Lash
(inches)
(inches)
16 or less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1/4
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1/2
22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3/4
Motorcycles and motor-driven cycles—Additional requirements and limitations: RCW 46.37.539.
46.37.375
(3) Linkage play. Free play in the steering linkage shall
not exceed one-quarter of an inch.
(4) Other components of the steering system such as the
power steering belt, tie rods, or idler arms or Pitman arms
shall not be broken, worn out, or show signs of breakage.
(5) Suspension condition. Ball joint seals shall not be cut
or cracked. Structural parts shall not be bent or damaged.
Stabilizer bars shall be connected. Springs shall not be broken, or extended by spacers. Shock absorber mountings,
shackles, and U-bolts shall be securely attached. Rubber
bushings shall not be cracked, or extruded out or missing
from suspension joints. Radius rods shall not be missing or
damaged.
(6) Shock absorber system. Shock absorbers shall not be
loose from mountings, leak, or be inoperative.
(7) Alignment. Toe-in and toe-out measurements shall
not be greater than one and one-half times the value listed in
the vehicle manufacturer's service specification for alignment
setting. [1977 ex.s. c 355 § 31.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Lowering vehicle below legal clearance: RCW 46.61.680.
46.37.380 Horns, warning devices, and theft alarms.
(1) Every motor vehicle when operated upon a highway shall
be equipped with a horn in good working order and capable
of emitting sound audible under normal conditions from a
distance of not less than two hundred feet, but no horn or
other warning device may emit an unreasonably loud or harsh
sound or a whistle. The driver of a motor vehicle shall when
reasonably necessary to insure safe operation give audible
warning with his horn but shall not otherwise use such horn
when upon a highway.
(2) No vehicle may be equipped with nor may any person use upon a vehicle any siren, whistle, or bell, except as
otherwise permitted in this section.
(3) It is permissible for any vehicle to be equipped with
a theft alarm signal device so long as it is so arranged that it
cannot be used by the driver as an ordinary warning signal.
Such a theft alarm signal device may use a whistle, bell, horn,
or other audible signal but shall not use a siren.
(4) Any authorized emergency vehicle may be equipped
with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than
five hundred feet and of a type conforming to rules adopted
by the state patrol, but the siren shall not be used except when
46.37.380
[Title 46 RCW—page 154]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.390
46.37.390 Mufflers, prevention of noise—Smoke and
air contaminants—Standards—Definitions. (1) Every
motor vehicle shall at all times be equipped with a muffler in
good working order and in constant operation to prevent
excessive or unusual noise, and no person shall use a muffler
cut-out, bypass, or similar device upon a motor vehicle on a
highway.
(2)(a) No motor vehicle first sold and registered as a new
motor vehicle on or after January 1, 1971, shall discharge into
the atmosphere at elevations of less than three thousand feet
any air contaminant for a period of more than ten seconds
which is:
(i) As dark as or darker than the shade designated as No.
1 on the Ringelmann chart, as published by the United States
bureau of mines; or
(ii) Of such opacity as to obscure an observer's view to a
degree equal to or greater than does smoke described in subsection (a)(i) above.
(b) No motor vehicle first sold and registered prior to
January 1, 1971, shall discharge into the atmosphere at elevations of less than three thousand feet any air contaminant for
a period of more than ten seconds which is:
(i) As dark as or darker than the shade designated as No.
2 on the Ringelmann chart, as published by the United States
bureau of mines; or
(ii) Of such opacity as to obscure an observer's view to a
degree equal to or greater than does smoke described in subsection (b)(i) above.
(c) For the purposes of this subsection the following definitions shall apply:
(i) "Opacity" means the degree to which an emission
reduces the transmission of light and obscures the view of an
object in the background;
(ii) "Ringelmann chart" means the Ringelmann smoke
chart with instructions for use as published by the United
States bureau of mines in May 1967 and as thereafter
amended, information circular 7718.
(3) No person shall modify the exhaust system of a
motor vehicle in a manner which will amplify or increase the
noise emitted by the engine of such vehicle above that emitted by the muffler originally installed on the vehicle, and it
shall be unlawful for any person to operate a motor vehicle
not equipped as required by this subsection, or which has
been amplified as prohibited by this subsection so that the
vehicle's exhaust noise exceeds ninety-five decibels as measured by the Society of Automotive Engineers (SAE) test
procedure J1169 (May, 1998). It is not a violation of this sub(2004 Ed.)
Vehicle Lighting and Other Equipment
section unless proven by proper authorities that the exhaust
system modification results in noise amplification in excess
of ninety-five decibels under the prescribed SAE test standard. A court may dismiss an infraction notice for a violation
of this subsection if there is reasonable grounds to believe
that the vehicle was not operated in violation of this subsection.
This subsection (3) does not apply to vehicles twentyfive or more years old or to passenger vehicles being operated
off the highways in an organized racing or competitive event
conducted by a recognized sanctioning body. [2001 c 293 §
1; 1977 ex.s. c 355 § 33; 1972 ex.s. c 135 § 1; 1967 c 232 § 3;
1961 c 12 § 46.37.390. Prior: 1955 c 269 § 39; prior: 1937 c
189 § 36; RRS § 6360-36; RCW 46.36.050; 1927 c 309 § 17;
1921 c 96 § 21; 1915 c 142 § 20; RRS § 6362-17.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Motorcycles and motor-driven cycles—Additional requirements and limitations: RCW 46.37.539.
46.37.400
46.37.400 Mirrors, backup devices. (1) Every motor
vehicle shall be equipped with a mirror mounted on the left
side of the vehicle and so located to reflect to the driver a
view of the highway for a distance of at least two hundred
feet to the rear of such vehicle.
(2) Every motor vehicle shall be equipped with an additional mirror mounted either inside the vehicle approximately
in the center or outside the vehicle on the right side and so
located as to reflect to the driver a view of the highway for a
distance of at least two hundred feet to the rear of such vehicle.
(3) Every truck registered or based in Washington that is
equipped with a cube-style, walk-in cargo box up to eighteen
feet long used in the commercial delivery of goods and services must be equipped with a rear crossview mirror or
backup device to alert the driver that a person or object is
behind the truck.
(4) All mirrors and backup devices required by this section shall be maintained in good condition. Rear crossview
mirrors and backup devices will be of a type approved by the
Washington state patrol. [1998 c 2 § 1; 1977 ex.s. c 355 § 34;
1963 c 154 § 25; 1961 c 12 § 46.37.400. Prior: 1955 c 269 §
40; prior: 1937 c 189 § 37; RRS § 6360-37; RCW
46.36.060.]
Effective date—1998 c 2: "This act takes effect September 30, 1998."
[1998 c 2 § 2.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1963 c 154: See note following RCW 46.37.010.
Motorcycles and motor-driven cycles—Additional requirements and limitations: RCW 46.37.539.
46.37.410
46.37.410 Windshields required, exception—Must be
unobstructed and equipped with wipers. (1) All motor
vehicles operated on the public highways of this state shall be
equipped with a front windshield manufactured of safety
glazing materials for use in motor vehicles in accordance
with RCW 46.37.430, except, however, on such vehicles not
so equipped or where windshields are not in use, the operators of such vehicles shall wear glasses, goggles, or face
shields pursuant to RCW 46.37.530(1)(b).
(2004 Ed.)
46.37.420
(2) No person shall drive any motor vehicle with any
sign, poster, or other nontransparent material upon the front
windshield, side wings, or side or rear windows of such vehicle which obstructs the driver's clear view of the highway or
any intersecting highway.
(3) The windshield on every motor vehicle shall be
equipped with a device for cleaning rain, snow, or other
moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the
vehicle. After January 1, 1938, it shall be unlawful for any
person to operate a new motor vehicle first sold or delivered
after that date which is not equipped with such device or
devices in good working order capable of cleaning the windshield thereof over two separate arcs, one each on the left and
right side of the windshield, each capable of cleaning a surface of not less than one hundred twenty square inches, or
other device or devices capable of accomplishing substantially the same result.
(4) Every windshield wiper upon a motor vehicle shall
be maintained in good working order. [1977 ex.s. c 355 § 35;
1961 c 12 § 46.37.410. Prior: 1955 c 269 § 41; prior: (i)
1937 c 189 § 38; RRS § 6360-38; RCW 46.36.070. (ii) 1937
c 189 § 39; RRS § 6360-39; RCW 46.36.080.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.420
46.37.420 Tires—Restrictions. (1) It is unlawful to
operate a vehicle upon the public highways of this state
unless it is completely equipped with pneumatic rubber tires
except vehicles equipped with temporary-use spare tires that
meet federal standards that are installed and used in accordance with the manufacturer's instructions.
(2) No tire on a vehicle moved on a highway may have
on its periphery any block, flange, cleat, or spike or any other
protuberance of any material other than rubber which
projects beyond the tread of the traction surface of the tire,
except that it is permissible to use farm machinery equipped
with pneumatic tires or solid rubber tracks having protuberances that will not injure the highway, and except also that it
is permissible to use tire chains or metal studs imbedded
within the tire of reasonable proportions and of a type conforming to rules adopted by the state patrol, upon any vehicle
when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. It is unlawful to use
metal studs imbedded within the tire between April 1st and
November 1st. The state department of transportation may,
from time to time, determine additional periods in which the
use of tires with metal studs imbedded therein is lawful.
(3) The state department of transportation and local
authorities in their respective jurisdictions may issue special
permits authorizing the operation upon a highway of traction
engines or tractors having movable tracks with transverse
corrugations upon the periphery of the movable tracks or
farm tractors or other farm machinery, the operation of which
upon a highway would otherwise be prohibited under this
section.
(4) Tires with metal studs imbedded therein may be used
between November 1st and April 1st upon school buses and
fire department vehicles, any law or regulation to the contrary
notwithstanding. [1999 c 208 § 1; 1990 c 105 § 1; 1987 c 330
§ 721; 1986 c 113 § 4; 1984 c 7 § 50; 1971 ex.s. c 32 § 1;
[Title 46 RCW—page 155]
46.37.4215
Title 46 RCW: Motor Vehicles
1969 ex.s. c 7 § 1; 1961 c 12 § 46.37.420. Prior: 1955 c 269
§ 42; prior: (i) 1937 c 189 § 41; RRS § 6360-41; RCW
46.36.100. (ii) 1937 c 189 § 42; RRS § 6360-42; RCW
46.36.120; 1929 c 180 § 7; 1927 c 309 § 46; RRS § 6362-46.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1984 c 7: See note following RCW 47.01.141.
Dangerous road conditions requiring special tires, chains, metal studs:
RCW 47.36.250.
Motorcycles and motor-driven cycles—Additional requirements and limitations: RCW 46.37.539.
46.37.4215
46.37.4215 Lightweight studs—Certification by sellers. Beginning January 1, 2000, a person offering to sell to a
tire dealer conducting business in the state of Washington, a
metal flange or cleat intended for installation as a stud in a
vehicle tire shall certify that the studs are lightweight studs as
defined in RCW 46.04.272. Certification must be accomplished by clearly marking the boxes or containers used to
ship and store studs with the designation "lightweight." This
section does not apply to tires or studs in a wholesaler's existing inventory as of January 1, 2000. [1999 c 219 § 2.]
46.37.4216
46.37.4216 Lightweight studs—Sale of tires containing. Beginning July 1, 2001, a person may not sell a studded
tire or sell a stud for installation in a tire unless the stud qualifies as a lightweight stud under RCW 46.04.272. [1999 c
219 § 3.]
46.37.423
46.37.423 Pneumatic passenger car tires—Standards—Exception for off-highway use—Penalty. No person, firm, or corporation shall sell or offer for sale for use on
the public highways of this state any new pneumatic passenger car tire which does not meet the standards established by
federal motor vehicle safety standard No. 109, as promulgated by the United States department of transportation under
authority of the National Traffic and Motor Vehicle Safety
Act of 1966 (80 Stat. 719, 728; 15 U.S.C. 1392, 1407).
The applicable standard shall be the version of standard
No. 109 in effect at the time of manufacture of the tire.
It is a traffic infraction for any person, firm, or corporation to sell or offer for sale any new pneumatic passenger car
tire which does not meet the standards prescribed in this section unless such tires are sold for off-highway use, as evidenced by a statement signed by the purchaser at the time of
sale certifying that he is not purchasing such tires for use on
the public highways of this state. [1979 ex.s. c 136 § 71;
1971 c 77 § 1.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.37.424
46.37.424 Regrooved tires—Standards—Exception
for off-highway use—Penalty. No person, firm, or corporation shall sell or offer for sale any regrooved tire or shall
regroove any tire for use on the public highways of this state
which does not meet the standard established by federal
motor vehicle standard part 569—regrooved tires, as promulgated by the United States department of transportation under
authority of the National Traffic and Motor Vehicle Safety
Act of 1966 (80 Stat. 719, 728; 15 U.S.C. 1392, 1407).
[Title 46 RCW—page 156]
The applicable standard shall be the version of the federal regrooved tire standard in effect at the time of regrooving.
It is a traffic infraction for any person, firm, or corporation to sell or offer for sale any regrooved tire or shall
regroove any tire which does not meet the standards prescribed in this section unless such tires are sold or regrooved
for off-highway use, as evidenced by a statement signed by
the purchaser or regroover at the time of sale or regrooving
certifying that he is not purchasing or regrooving such tires
for use on the public highways of this state. [1979 ex.s. c 136
§ 72; 1977 ex.s. c 355 § 36; 1971 c 77 § 2.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.425 Tires—Unsafe—State patrol's authority—
Penalty. No person shall drive or move or cause to be driven
or moved any vehicle, the tires of which have contact with the
driving surface of the road, subject to registration in this state,
upon the public highways of this state unless such vehicle is
equipped with tires in safe operating condition in accordance
with requirements established by this section or by the state
patrol.
The state patrol shall promulgate rules and regulations
setting forth requirements of safe operating condition of tires
capable of being employed by a law enforcement officer by
visual inspection of tires mounted on vehicles including
visual comparison with simple measuring gauges. These
rules shall include effects of tread wear and depth of tread.
A tire shall be considered unsafe if it has:
(1) Any ply or cord exposed either to the naked eye or
when cuts or abrasions on the tire are probed; or
(2) Any bump, bulge, or knot, affecting the tire structure;
or
(3) Any break repaired with a boot; or
(4) A tread depth of less than 2/32 of an inch measured in
any two major tread grooves at three locations equally spaced
around the circumference of the tire, or for those tires with
tread wear indicators, a tire shall be considered unsafe if it is
worn to the point that the tread wear indicators contact the
road in any two major tread grooves at three locations equally
spaced around the circumference of the tire; or
(5) A legend which indicates the tire is not intended for
use on public highways such as, "not for highway use" or "for
racing purposes only"; or
(6) Such condition as may be reasonably demonstrated to
render it unsafe; or
(7) If not matched in tire size designation, construction,
and profile to the other tire and/or tires on the same axle,
except for temporary-use spare tires that meet federal standards that are installed and used in accordance with the manufacturer's instructions.
No person, firm, or corporation shall sell any vehicle for
use on the public highways of this state unless the vehicle is
equipped with tires that are in compliance with the provisions
of this section. If the tires are found to be in violation of the
provisions of this section, the person, firm, or corporation
selling the vehicle shall cause such tires to be removed from
the vehicle and shall equip the vehicle with tires that are in
compliance with the provisions of this section.
46.37.425
(2004 Ed.)
Vehicle Lighting and Other Equipment
It is a traffic infraction for any person to operate a vehicle on the public highways of this state, or to sell a vehicle for
use on the public highways of this state, which is equipped
with a tire or tires in violation of the provisions of this section
or the rules and regulations promulgated by the state patrol
hereunder: PROVIDED, HOWEVER, That if the violation
relates to items (1) to (7) inclusive of this section then the
condition or defect must be such that it can be detected by a
visual inspection of tires mounted on vehicles, including
visual comparison with simple measuring gauges. [1990 c
105 § 2; 1987 c 330 § 722; 1979 ex.s. c 136 § 73; 1977 ex.s.
c 355 § 37; 1971 c 77 § 3.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Effective date—1971 c 77: "The provisions of RCW 46.37.425 shall
have an effective date of January 1, 1972, but the state commission on equipment shall have the authority to proceed with the promulgation of the rules
and regulations provided for in RCW 46.37.425 so the rules and regulations
may have an effective date of January 1, 1972." [1971 c 77 § 4.]
46.37.430
46.37.430 Safety glazing—Sunscreening or coloring.
(1) No person may sell any new motor vehicle as specified in
this title, nor may any new motor vehicle as specified in this
title be registered unless such vehicle is equipped with safety
glazing material of a type that meets or exceeds federal standards, or if there are none, standards approved by the Washington state patrol. The foregoing provisions apply to all passenger-type motor vehicles, including passenger buses and
school buses, but in respect to trucks, including truck tractors,
the requirements as to safety glazing material apply to all
glazing material used in doors, windows, and windshields in
the drivers' compartments of such vehicles except as provided by subsection (4) of this section.
(2) The term "safety glazing materials" means glazing
materials so constructed, treated, or combined with other
materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken.
(3) The director of licensing shall not register any motor
vehicle which is subject to the provisions of this section
unless it is equipped with an approved type of safety glazing
material, and he or she shall suspend the registration of any
motor vehicle so subject to this section which the director
finds is not so equipped until it is made to conform to the
requirements of this section.
(4) No person may sell or offer for sale, nor may any person operate a motor vehicle registered in this state which is
equipped with, any camper manufactured after May 23, 1969,
unless such camper is equipped with safety glazing material
of a type conforming to rules adopted by the state patrol
wherever glazing materials are used in outside windows and
doors.
(5) No film sunscreening or coloring material that
reduces light transmittance to any degree may be applied to
the surface of the safety glazing material in a motor vehicle
unless it meets the following standards for such material:
(2004 Ed.)
46.37.430
(a) The maximum level of film sunscreening material to
be applied to any window, except the windshield, shall have
a total reflectance of thirty-five percent or less, plus or minus
three percent, and a light transmission of thirty-five percent
or more, plus or minus three percent, when measured against
clear glass resulting in a minimum of twenty-four percent
light transmission on AS-2 glazing where the vehicle is
equipped with outside rearview mirrors on both the right and
left. Installation of more than a single sheet of film sunscreening material to any window is prohibited. The same
maximum levels of film sunscreen material may be applied to
windows to the immediate right and left of the driver on limousines and passenger buses used to transport persons for
compensation and vehicles identified by the manufacturer as
multi-use, multipurpose, or other similar designation. All
windows to the rear of the driver on such vehicles may have
film sunscreening material applied that has less than thirtyfive percent light transmittance, if the light reflectance is
thirty-five percent or less and the vehicle is equipped with
outside rearview mirrors on both the right and left. A person
or business tinting windows for profit who tints windows
within restricted areas of the glazing system shall supply a
sticker to be affixed to the driver's door post, in the area adjacent to the manufacturer's identification tag. Installation of
this sticker certifies that the glazing application meets this
chapter's standards for light transmission, reflectance, and
placement requirements. Stickers must be no smaller than
three-quarters of an inch by one and one-half inches, and no
larger than two inches by two and one-half inches. The stickers must be of sufficient quality to endure exposure to harsh
climate conditions. The business name and state tax identification number of the installer must be clearly visible on the
sticker.
(b) A greater degree of light reduction is permitted on all
windows and the top six inches of windshields of a vehicle
operated by or carrying as a passenger a person who possesses a written verification from a licensed physician that
the operator or passenger must be protected from exposure to
sunlight for physical or medical reasons.
(c) Windshield application. A greater degree of light
reduction is permitted on the top six-inch area of a vehicle's
windshield. Clear film sunscreening material that reduces or
eliminates ultraviolet light may be applied to windshields.
(d) When film sunscreening material is applied to any
window except the windshield, outside mirrors on both the
left and right sides shall be located so as to reflect to the
driver a view of the roadway, through each mirror, a distance
of at least two hundred feet to the rear of the vehicle.
(e) The following types of film sunscreening material are
not permitted:
(i) Mirror finish products;
(ii) Red, gold, yellow, or black material; or
(iii) Film sunscreening material that is in liquid preapplication form and brushed or sprayed on.
Nothing in this section prohibits the use of shaded or
heat-absorbing safety glazing material in which the shading
or heat-absorbing characteristics have been applied at the
time of manufacture of the safety glazing material and which
meet federal standards and the standards of the state patrol for
such safety glazing materials.
[Title 46 RCW—page 157]
46.37.435
Title 46 RCW: Motor Vehicles
(6) It is a traffic infraction for any person to operate a
vehicle for use on the public highways of this state, if the
vehicle is equipped with film sunscreening or coloring material in violation of this section.
(7) Owners of vehicles with film sunscreening material
applied to windows to the rear of the driver, prior to June 7,
1990, must comply with the requirements of this section and
RCW 46.37.435 by July 1, 1993. [1993 c 384 § 1; 1990 c 95
§ 1; 1989 c 210 § 1; 1987 c 330 § 723; 1986 c 113 § 5; 1985
c 304 § 1; 1979 c 158 § 157; 1969 ex.s. c 281 § 47; 1961 c 12
§ 46.37.430. Prior: 1955 c 269 § 43; prior: 1947 c 220 § 1;
1937 c 189 § 40; Rem. Supp. 1947 § 6360-40; RCW
46.36.090.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.37.435 Sunscreening, unlawful installation, penalty. From June 7, 1990, a person who installs safety glazing
or film sunscreening material in violation of RCW 46.37.430
is guilty of unlawful installation of safety glazing or film sunscreening materials. Unlawful installation is a misdemeanor.
[1990 c 95 § 2.]
46.37.435
46.37.440
46.37.440 Flares or other warning devices required
on certain vehicles. (1) No person may operate any motor
truck, passenger bus, truck tractor, motor home, or travel
trailer over eighty inches in overall width upon any highway
outside the corporate limits of municipalities at any time
unless there is carried in such vehicle the following equipment except as provided in subsection (2) of this section:
(a) At least three flares or three red electric lanterns or
three portable red emergency reflectors, each of which shall
be capable of being seen and distinguished at a distance of
not less than six hundred feet under normal atmospheric conditions at nighttime.
No flare, fusee, electric lantern, or cloth warning flag
may be used for the purpose of compliance with this section
unless such equipment is of a type which has been submitted
to the state patrol and conforms to rules adopted by it. No
portable reflector unit may be used for the purpose of compliance with the requirements of this section unless it is so
designed and constructed as to be capable of reflecting red
light clearly visible from all distances within six hundred feet
to one hundred feet under normal atmospheric conditions at
night when directly in front of lawful upper beams of head
lamps, and unless it is of a type which has been submitted to
the state patrol and conforms to rules adopted by it;
(b) At least three red-burning fusees unless red electric
lanterns or red portable emergency reflectors are carried;
(c) At least two red-cloth flags, not less than twelve
inches square, with standards to support such flags.
(2) No person may operate at the time and under conditions stated in subsection (1) of this section any motor vehicle
used for the transportation of explosives, any cargo tank truck
used for the transportation of flammable liquids or compressed gases or liquefied gases, or any motor vehicle using
compressed gas as a fuel unless there is carried in such vehicle three red electric lanterns or three portable red emergency
reflectors meeting the requirements of subsection (1) of this
section, and there shall not be carried in any said vehicle any
flares, fusees, or signal produced by flame. [1987 c 330 §
[Title 46 RCW—page 158]
724; 1986 c 113 § 6; 1977 ex.s. c 355 § 38; 1971 ex.s. c 97 §
1; 1961 c 12 § 46.37.440. Prior: 1955 c 269 § 44; prior: 1947
c 267 § 7, part; Rem. Supp. 1947 § 6360-32a, part; RCW
46.40.210, part.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.450
46.37.450 Disabled vehicle—Display of warning
devices. (1) Whenever any motor truck, passenger bus, truck
tractor over eighty inches in overall width, trailer, semitrailer,
or pole trailer is disabled upon the traveled portion of any
highway or the shoulder thereof outside any municipality at
any time when lighted lamps are required on vehicles, the
driver of such vehicle shall display the following warning
devices upon the highway during the time the vehicle is so
disabled on the highway except as provided in subsection (2)
of this section:
(a) A lighted fusee, a lighted red electric lantern, or a
portable red emergency reflector shall be immediately placed
at the traffic side of the vehicle in the direction of the nearest
approaching traffic.
(b) As soon thereafter as possible but in any event within
the burning period of the fusee (fifteen minutes), the driver
shall place three liquid-burning flares (pot torches), three
lighted red electric lanterns, or three portable red emergency
reflectors on the traveled portion of the highway in the following order:
(i) One, approximately one hundred feet from the disabled vehicle in the center of the lane occupied by such vehicle and toward traffic approaching in that lane.
(ii) One, approximately one hundred feet in the opposite
direction from the disabled vehicle and in the center of the
traffic lane occupied by such vehicle.
(iii) One at the traffic side of the disabled vehicle not less
than ten feet rearward or forward thereof in the direction of
the nearest approaching traffic. If a lighted red electric lantern or a red portable emergency reflector has been placed at
the traffic side of the vehicle in accordance with subdivision
(a) of this subsection, it may be used for this purpose.
(2) Whenever any vehicle referred to in this section is
disabled within five hundred feet of a curve, hillcrest, or other
obstruction to view, the warning signal in that direction shall
be so placed as to afford ample warning to other users of the
highway, but in no case less than five hundred feet from the
disabled vehicle.
(3) Whenever any vehicle of a type referred to in this
section is disabled upon any roadway of a divided highway
during the time that lights are required, the appropriate warning devices prescribed in subsections (1) and (5) of this section shall be placed as follows:
One at a distance of approximately two hundred feet
from the vehicle in the center of the lane occupied by the
stopped vehicle and in the direction of traffic approaching in
that lane; one at a distance of approximately one hundred feet
from the vehicle, in the center of the lane occupied by the
vehicle and in the direction of traffic approaching in that lane;
and one at the traffic side of the vehicle and approximately
ten feet from the vehicle in the direction of the nearest
approaching traffic.
(2004 Ed.)
Vehicle Lighting and Other Equipment
(4) Whenever any vehicle of a type referred to in this
section is disabled upon the traveled portion of a highway or
the shoulder thereof outside any municipality at any time
when the display of fusees, flares, red electric lanterns, or
portable red emergency reflectors is not required, the driver
of the vehicle shall display two red flags upon the roadway in
the lane of traffic occupied by the disabled vehicle, one at a
distance of approximately one hundred feet in advance of the
vehicle, and one at a distance of approximately one hundred
feet to the rear of the vehicle.
(5) Whenever any motor vehicle used in the transportation of explosives or any cargo tank truck used for the transportation of any flammable liquid or compressed flammable
gas, or any motor vehicle using compressed gas as a fuel, is
disabled upon a highway of this state at any time or place
mentioned in subsection (1) of this section, the driver of such
vehicle shall immediately display the following warning
devices: One red electric lantern or portable red emergency
reflector placed on the roadway at the traffic side of the vehicle, and two red electric lanterns or portable red reflectors,
one placed approximately one hundred feet to the front and
one placed approximately one hundred feet to the rear of this
disabled vehicle in the center of the traffic lane occupied by
such vehicle. Flares, fusees, or signals produced by flame
shall not be used as warning devices for disabled vehicles of
the type mentioned in this subsection.
(6) Whenever any vehicle, other than those described in
subsection (1) of this section, is disabled upon the traveled
portion of any highway or shoulder thereof outside any
municipality, the state patrol or the county sheriff shall, upon
discovery of the disabled vehicle, place a reflectorized warning device on the vehicle. The warning device and its placement shall be in accordance with rules adopted by the state
patrol. Neither the standards for, placement or use of, nor the
lack of placement or use of a warning device under this subsection gives rise to any civil liability on the part of the state
of Washington, the state patrol, any county, or any law
enforcement agency or officer.
(7) The flares, fusees, red electric lanterns, portable red
emergency reflectors, and flags to be displayed as required in
this section shall conform with the requirements of RCW
46.37.440 applicable thereto. [1987 c 330 § 725; 1987 c 226
§ 1; 1984 c 119 § 1; 1961 c 12 § 46.37.450. Prior: 1955 c 269
§ 45; prior: 1947 c 267 § 7, part; Rem. Supp. 1947 § 636032a, part; RCW 46.40.210, part.]
Reviser's note: This section was amended by 1987 c 226 § 1 and by
1987 c 330 § 725, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.37.465
46.37.465 Fuel system. (1) The fuel system shall be
manufactured, installed, and maintained with due regard for
the safety of the occupants of the vehicle and the public. Fuel
tanks shall be equipped with approved caps.
(2) There shall be no signs of leakage from the carburetor or the fuel pump or the fuel hoses in the engine compartment or between the fuel tank and the engine compartment.
(3) No person shall operate any motor vehicle upon the
public highways of this state unless the fuel tank is securely
(2004 Ed.)
46.37.470
attached and so located that another vehicle would not be
exposed to direct contact with the fuel tank in the event of a
rear end collision. [1977 ex.s. c 355 § 39.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.467
46.37.467 Alternative fuel source—Placard required.
(1) Every automobile, truck, motorcycle, motor home, or offroad vehicle that is fueled by an alternative fuel source shall
bear a reflective placard issued by the national fire protection
association indicating that the vehicle is so fueled. Violation
of this subsection is a traffic infraction.
(2) As used in this section "alternative fuel source"
includes propane, compressed natural gas, liquid petroleum
gas, or any chemically similar gas but does not include gasoline or diesel fuel.
(3) If a placard for a specific alternative fuel source has
not been issued by the national fire protection association, a
placard issued by the chief of the Washington state patrol,
through the director of fire protection, shall be required. The
chief of the Washington state patrol, through the director of
fire protection, shall develop rules for the design, size, and
placement of the placard which shall remain effective until a
specific placard is issued by the national fire protection association. [1995 c 369 § 23; 1986 c 266 § 88; 1984 c 145 § 1;
1983 c 237 § 2.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Legislative finding—1983 c 237: "The legislature finds that vehicles
using alternative fuel sources such as propane, compressed natural gas, liquid petroleum gas, or other hydrocarbon gas fuels require fire fighters to use
a different technique if the vehicles catch fire. A reflective placard on such
vehicles would warn fire fighters of the danger so they could react properly."
[1983 c 237 § 1.]
46.37.470
46.37.470 Air-conditioning equipment. (1) The term
"air-conditioning equipment" as used or referred to in this
section shall mean mechanical vapor compression refrigeration equipment which is used to cool the driver's or passenger
compartment of any motor vehicle.
(2) Such equipment shall be manufactured, installed and
maintained with due regard for the safety of the occupants of
the vehicle and the public and shall not contain any refrigerant which is toxic to persons or which is flammable.
(3) The state patrol may adopt and enforce safety
requirements, regulations and specifications consistent with
the requirements of this section applicable to such equipment
which shall correlate with and, so far as possible, conform to
the current recommended practice or standard applicable to
such equipment approved by the society of automotive engineers.
(4) No person shall have for sale, offer for sale, sell or
equip any motor vehicle with any such equipment unless it
complies with the requirements of this section.
(5) No person shall operate on any highway any motor
vehicle equipped with any air-conditioning equipment unless
said equipment complies with the requirements of this section. [1987 c 330 § 726; 1961 c 12 § 46.37.470. Prior: 1955
c 269 § 47.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
[Title 46 RCW—page 159]
46.37.480
Title 46 RCW: Motor Vehicles
46.37.480
46.37.480 Television viewers—Earphones. (1) No
person shall drive any motor vehicle equipped with any television viewer, screen, or other means of visually receiving a
television broadcast which is located in the motor vehicle at
any point forward of the back of the driver's seat, or which is
visible to the driver while operating the motor vehicle. This
subsection does not apply to law enforcement vehicles communicating with mobile computer networks.
(2) No person shall operate any motor vehicle on a public highway while wearing any headset or earphones connected to any electronic device capable of receiving a radio
broadcast or playing a sound recording for the purpose of
transmitting a sound to the human auditory senses and which
headset or earphones muffle or exclude other sounds. This
subsection does not apply to students and instructors participating in a Washington state motorcycle safety program.
(3) This section does not apply to authorized emergency
vehicles, motorcyclists wearing a helmet with built-in headsets or earphones as approved by the Washington state patrol,
or motorists using hands-free, wireless communications systems, as approved by the equipment section of the Washington state patrol. [1996 c 34 § 1; 1991 c 95 § 1; 1988 c 227 §
6; 1987 c 176 § 1; 1977 ex.s. c 355 § 40; 1961 c 12 §
46.37.480. Prior: 1949 c 196 § 11; Rem. Supp. 1949 §
6360-98d. Formerly RCW 46.36.150.]
Severability—1988 c 227: See RCW 46.81A.900.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.490
46.37.490 Safety load chains and devices required. It
shall be unlawful to operate any vehicle upon the public highways of this state without having the load thereon securely
fastened and protected by safety chains or other device. The
chief of the Washington state patrol is hereby authorized to
adopt and enforce reasonable rules and regulations as to what
shall constitute adequate and safe chains or other devices for
the fastening and protection of loads upon vehicles. [1987 c
330 § 727; 1961 c 12 § 46.37.490. Prior: 1937 c 189 § 43;
RRS § 6360-43; 1927 c 309 § 18; RRS § 6362-18. Formerly
RCW 46.36.110.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.37.495
46.37.495 Safety chains for towing. (1) "Safety
chains" means flexible tension members connected from the
front portion of the towed vehicle to the rear portion of the
towing vehicle for the purpose of retaining connection
between towed and towing vehicle in the event of failure of
the connection provided by the primary connecting system,
as prescribed by rule of the Washington state patrol.
(2) The term "safety chains" includes chains, cables, or
wire ropes, or an equivalent flexible member meeting the
strength requirements prescribed by rule of the Washington
state patrol.
(3) A tow truck towing a vehicle and a vehicle towing a
trailer must use safety chains. Failure to comply with this section is a class 1 civil infraction punishable under RCW
7.80.120. [1995 c 360 § 1.]
Tow trucks: Chapter 46.55 RCW.
[Title 46 RCW—page 160]
46.37.500
46.37.500 Fenders or splash aprons. (1) Except as
authorized under subsection (2) of this section, no person
may operate any motor vehicle, trailer, or semitrailer that is
not equipped with fenders, covers, flaps, or splash aprons
adequate for minimizing the spray or splash of water or mud
from the roadway to the rear of the vehicle. All such devices
shall be as wide as the tires behind which they are mounted
and extend downward at least to the center of the axle.
(2) A motor vehicle that is not less than forty years old or
a street rod vehicle that is owned and operated primarily as a
collector's item need not be equipped with fenders when the
vehicle is used and driven during fair weather on well-maintained, hard-surfaced roads. [1999 c 58 § 2; 1988 c 15 § 2;
1977 ex.s. c 355 § 41; 1961 c 12 § 46.37.500. Prior: 1947 c
200 § 3, part; 1937 c 189 § 44, part; Rem. Supp. 1947 § 636044, part. Formerly RCW 46.36.130 (second paragraph).]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.505
46.37.505 Child passenger restraint systems. The
state patrol shall adopt standards for the performance, design,
and installation of passenger restraint systems for children
less than five years old and shall approve those systems
which meet its standards. [1987 c 330 § 728; 1983 c 215 § 1.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1983 c 215: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 215 § 3.]
Child passenger restraint required: RCW 46.61.687.
46.37.510
46.37.510 Seat belts and shoulder harnesses. (1) No
person may sell any automobile manufactured or assembled
after January 1, 1964, nor may any owner cause such vehicle
to be registered thereafter under the provisions of chapter
46.12 RCW unless such motor car or automobile is equipped
with automobile seat belts installed for use on the front seats
thereof which are of a type and installed in a manner conforming to rules adopted by the state patrol. Where registration is for transfer from an out-of-state license, the applicant
shall be informed of this section by the issuing agent and has
thirty days to comply. The state patrol shall adopt and enforce
standards as to what constitutes adequate and safe seat belts
and for the fastening and installation of them. Such standards
shall not be below those specified as minimum requirements
by the Society of Automotive Engineers on June 13, 1963.
(2) Every passenger car manufactured or assembled after
January 1, 1965, shall be equipped with at least two lap-type
safety belt assemblies for use in the front seating positions.
(3) Every passenger car manufactured or assembled after
January 1, 1968, shall be equipped with a lap-type safety belt
assembly for each permanent passenger seating position.
This requirement shall not apply to police vehicles.
(4) Every passenger car manufactured or assembled after
January 1, 1968, shall be equipped with at least two shoulder
harness-type safety belt assemblies for use in the front seating positions.
(5) The state patrol shall excuse specified types of motor
vehicles or seating positions within any motor vehicle from
the requirements imposed by subsections (1), (2), and (3) of
this section when compliance would be impractical.
(2004 Ed.)
Vehicle Lighting and Other Equipment
(6) No person may distribute, have for sale, offer for
sale, or sell any safety belt or shoulder harness for use in
motor vehicles unless it meets current minimum standards
and specifications conforming to rules adopted by the state
patrol or the United States department of transportation.
[1987 c 330 § 729; 1986 c 113 § 7; 1977 ex.s. c 355 § 42;
1963 c 117 § 1.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Safety belts, use required: RCW 46.61.688.
46.37.513
46.37.513 Bumpers. When any motor vehicle was originally equipped with bumpers or any other collision energy
absorption or attenuation system, that system shall be maintained in good operational condition, and no person shall
remove or disconnect, and no owner shall cause or knowingly
permit the removal or disconnection of, any part of that system except temporarily in order to make repairs, replacements, or adjustments. [1977 ex.s. c 355 § 43.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.517
46.37.517 Body and body hardware. (1) The body,
fenders, and bumpers shall be maintained without protrusions
which could be hazardous to pedestrians. In addition, the
bumpers shall be so attached and maintained so as to not protrude beyond the original bumper line.
(2) The hood, hood latches, hood fastenings, doors, and
door latches shall be maintained in a condition sufficient to
ensure proper working equal to that at the time of original
vehicle manufacture. [1977 ex.s. c 355 § 44.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Lowering vehicle below legal clearance: RCW 46.61.680.
46.37.518
46.37.518 Street rods and kit vehicles. Notwithstanding the requirements of this chapter, hoods and bumpers are
optional equipment on street rods and kit vehicles. Street rods
and kit vehicles must comply with fender requirements under
RCW 46.37.500(2) and the windshield requirement of RCW
46.37.410(1). [1996 c 225 § 12.]
Finding—1996 c 225: See note following RCW 46.04.125.
46.37.520
46.37.520 Beach vehicles with soft tires—"Dune buggies"—Inspection and approval required—Fee. It shall
be unlawful for any person to lease for hire or permit the use
of any vehicle with soft tires commonly used upon the beach
and referred to as a dune buggy unless such vehicle has been
inspected by and approved by the state patrol, which may
charge a reasonable fee therefor to go into the motor vehicle
fund. [1987 c 330 § 730; 1971 ex.s. c 91 § 4; 1965 ex.s. c 170
§ 61.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.37.522
46.37.522 Motorcycles and motor-driven cycles—
When head lamps and tail lamps to be lighted. Every
motorcycle and motor-driven cycle shall have its head lamps
and tail lamps lighted whenever such vehicle is in motion
upon a highway. [1977 ex.s. c 355 § 45.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
(2004 Ed.)
46.37.525
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.523
46.37.523 Motorcycles and motor-driven cycles—
Head lamps. (1) Every motorcycle and every motor-driven
cycle shall be equipped with at least one lamp which shall
comply with the requirements and limitations of this section.
(2) Every head lamp upon every motorcycle and motordriven cycle shall be located at a height of not more than
fifty-four inches nor less than twenty-four inches to be measured as set forth in RCW 46.37.030(2).
(3) Every motorcycle other than a motor-driven cycle
shall be equipped with multiple-beam road-lighting equipment.
(4) Such equipment shall:
(a) Reveal persons and vehicles at a distance of at least
three hundred feet ahead when the uppermost distribution of
light is selected;
(b) Reveal persons and vehicles at a distance of at least
one hundred fifty feet ahead when the lowermost distribution
of light is selected, and on a straight, level road under any
condition of loading none of the high intensity portion of the
beam shall be directed to strike the eyes of an approaching
driver. [1977 ex.s. c 355 § 46.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.524
46.37.524 Motor-driven cycles—Head lamps. The
head lamp or head lamps upon every motor-driven cycle may
be of the single-beam or multiple-beam type but in either
event shall comply with the requirements and limitations as
follows:
(1) Every such head lamp or head lamps on a motordriven cycle shall be of a sufficient intensity to reveal a person or a vehicle at a distance of not less than one hundred feet
when the motor-driven cycle is operated at any speed less
than twenty-five miles per hour and at a distance of not less
than two hundred feet when the motor-driven cycle is operated at a speed of twenty-five or more miles per hour, and at
a distance of not less than three hundred feet when the motordriven cycle is operated at a speed of thirty-five or more
miles per hour;
(2) In the event the motor-driven cycle is equipped with
a multiple-beam head lamp or head lamps the upper beam
shall meet the minimum requirements set forth above and
shall not ex ceed the lim itatio ns set for th in RCW
46.37.220(1), and the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set
forth in RCW 46.37.220;
(3) In the event the motor-driven cycle is equipped with
a single-beam lamp or lamps, such lamp or lamps shall be so
aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance of twenty-five feet ahead,
shall project higher than the level of the center of the lamp
from which it comes. [1977 ex.s. c 355 § 47.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.525
46.37.525 Motorcycles and motor-driven cycles—
Tail lamps, reflectors, and stop lamps. (1) Every motorcycle and motor-driven cycle shall have at least one tail lamp
[Title 46 RCW—page 161]
46.37.527
Title 46 RCW: Motor Vehicles
which shall be located at a height of not more than seventytwo nor less than fifteen inches.
(2) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear
registration plate and render it clearly legible from a distance
of fifty feet to the rear. Any tail lamp or tail lamps, together
with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the
head lamps or auxiliary driving lamps are lighted.
(3) Every motorcycle and motor-driven cycle shall carry
on the rear, either as part of the tail lamp or separately, at least
one red reflector meeting the requirements of RCW
46.37.060.
(4) Every motorcycle and motor-driven cycle shall be
equipped with at least one stop lamp meeting the requirements of RCW 46.37.070. [1977 ex.s. c 355 § 48.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.527
46.37.527 Motorcycles and motor-driven cycles—
Brake requirements. Every motorcycle and motor-driven
cycle must comply with the provisions of RCW 46.37.351,
except that:
(1) Motorcycles and motor-driven cycles need not be
equipped with parking brakes;
(2) The wheel of a sidecar attached to a motorcycle or to
a motor-driven cycle, and the front wheel of a motor-driven
cycle need not be equipped with brakes, if such motorcycle or
motor-driven cycle is otherwise capable of complying with
the braking performance requirements of RCW 46.37.528
and 46.37.529;
(3) Motorcycles shall be equipped with brakes operating
on both the front and rear wheels unless the vehicle was originally manufactured without both front and rear brakes:
PROVIDED, That a front brake shall not be required on any
motorcycle over twenty-five years old which was originally
manufactured without a front brake and which has been
restored to its original condition and is being ridden to or
from or otherwise in conjunction with an antique or classic
motorcycle contest, show or other such assemblage: PROVIDED FURTHER, That no front brake shall be required on
any motorcycle manufactured prior to January 1, 1931.
[1982 c 77 § 6; 1977 ex.s. c 355 § 49.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1982 c 77: See note following RCW 46.20.500.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.528
46.37.528 Motorcycles and motor-driven cycles—
Performance ability of brakes. Every motorcycle and
motor-driven cycle, at all times and under all conditions of
loading, upon application of the service brake, shall be capable of:
(1) Developing a braking force that is not less than fortythree and one-half percent of its gross weight;
(2) Decelerating to a stop from not more than twenty
miles per hour at not less than fourteen feet per second per
second; and
(3) Stopping from a speed of twenty miles per hour in not
more than thirty feet, such distance to be measured from the
[Title 46 RCW—page 162]
point at which movement of the service brake pedal or control begins.
Tests for deceleration and stopping distance shall be
made on a substantially level (not to exceed plus or minus
one percent grade), dry, smooth, hard surface that is free from
loose material. [1977 ex.s. c 355 § 50.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.529
46.37.529 Motor-driven cycles—Braking system
inspection. (1) The state patrol is authorized to require an
inspection of the braking system on any motor-driven cycle
and to disapprove any such braking system on a vehicle
which it finds will not comply with the performance ability
standard set forth in RCW 46.37.351, or which in its opinion
is equipped with a braking system that is not so designed or
constructed as to ensure reasonable and reliable performance
in actual use.
(2) The director of licensing may refuse to register or
may suspend or revoke the registration of any vehicle
referred to in this section when the state patrol determines
that the braking system thereon does not comply with the provisions of this section.
(3) No person shall operate on any highway any vehicle
referred to in this section in the event the state patrol has disapproved the braking system upon such vehicle. [1987 c 330
§ 731; 1979 c 158 § 158; 1977 ex.s. c 355 § 51.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.530
46.37.530 Motorcycles, motor-driven cycles, mopeds,
electric-assisted bicycles—Helmets, other equipment—
Children—Rules. (1) It is unlawful:
(a) For any person to operate a motorcycle or motordriven cycle not equipped with mirrors on the left and right
sides of the motorcycle which shall be so located as to give
the driver a complete view of the highway for a distance of at
least two hundred feet to the rear of the motorcycle or motordriven cycle: PROVIDED, That mirrors shall not be required
on any motorcycle or motor-driven cycle over twenty-five
years old originally manufactured without mirrors and which
has been restored to its original condition and which is being
ridden to or from or otherwise in conjunction with an antique
or classic motorcycle contest, show, or other such assemblage: PROVIDED FURTHER, That no mirror is required
on any motorcycle manufactured prior to January 1, 1931;
(b) For any person to operate a motorcycle or motordriven cycle which does not have a windshield unless wearing glasses, goggles, or a face shield of a type conforming to
rules adopted by the state patrol;
(c) For any person to operate or ride upon a motorcycle,
motor-driven cycle, or moped on a state highway, county
road, or city street unless wearing upon his or her head a
motorcycle helmet except when the vehicle is an antique
motor-driven cycle or automobile that is licensed as a motorcycle or when the vehicle is equipped with seat belts and roll
bars approved by the state patrol. The motorcycle helmet
neck or chin strap must be fastened securely while the motor(2004 Ed.)
Vehicle Lighting and Other Equipment
cycle or motor-driven cycle is in motion. Persons operating
electric-assisted bicycles shall comply with all laws and regulations related to the use of bicycle helmets;
(d) For any person to transport a child under the age of
five on a motorcycle or motor-driven cycle;
(e) For any person to sell or offer for sale a motorcycle
helmet that does not meet the requirements established by
this section.
(2) The state patrol may adopt and amend rules, pursuant
to the Administrative Procedure Act, concerning standards
for glasses, goggles, and face shields.
(3) For purposes of this section, "motorcycle helmet"
means a protective covering for the head consisting of a hard
outer shell, padding adjacent to and inside the outer shell, and
a neck or chin strap type retention system, with a sticker indicating that the motorcycle helmet meets standards established
by the United States Department of Transportation. [2003 c
197 § 1; 1997 c 328 § 4; 1990 c 270 § 7. Prior: 1987 c 454 §
1; 1987 c 330 § 732; 1986 c 113 § 8; 1982 c 77 § 7; 1977 ex.s.
c 355 § 55; 1971 ex.s. c 150 § 1; 1969 c 42 § 1; 1967 c 232 §
4.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Short title—1990 c 270: See RCW 43.70.440.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1982 c 77: See note following RCW 46.20.500.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
Maximum height for handlebars: RCW 46.61.611.
Riding on motorcycles: RCW 46.61.610.
46.37.535
46.37.535 Motorcycles, motor-driven cycles, or
mopeds—Helmet requirements when rented. It is unlawful for any person to rent out motorcycles, motor-driven
cycles, or mopeds unless the person also has on hand for rent
helmets of a type conforming to rules adopted by the state
patrol.
It shall be unlawful for any person to rent a motorcycle,
motor-driven cycle, or moped unless the person has in his or
her possession a helmet of a type approved by the state patrol,
regardless of from whom the helmet is obtained. [1990 c 270
§ 8; 1987 c 330 § 733; 1986 c 113 § 9; 1977 ex.s. c 355 § 56;
1967 c 232 § 10.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Short title—1990 c 270: See RCW 43.70.440.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.37.590
46.37.539
46.37.539 Motorcycles and motor-driven cycles—
Additional requirements and limitations. Every motorcycle and every motor-driven cycle shall also comply with the
requirements and limitations of:
RCW 46.37.380 on horns and warning devices;
RCW 46.37.390 on mufflers and prevention of noise;
RCW 46.37.400 on mirrors; and
RCW 46.37.420 on tires. [1977 ex.s. c 355 § 53.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
46.37.540
46.37.540 Odometers—Disconnecting, resetting, or
turning back prohibited. It shall be unlawful for any person
to disconnect, turn back, or reset the odometer of any motor
vehicle with the intent to reduce the number of miles indicated on the odometer gauge. [1983 c 3 § 119; 1969 c 112 §
2.]
Motor vehicle dealers, unlawful acts and practices: RCW 46.70.180.
46.37.550
46.37.550 Odometers—Selling motor vehicle knowing odometer turned back unlawful. It shall be unlawful
for any person to sell a motor vehicle in this state if such person has knowledge that the odometer on such motor vehicle
has been turned back and if such person fails to notify the
buyer, prior to the time of sale, that the odometer has been
turned back or that he had reason to believe that the odometer
has been turned back. [1969 c 112 § 3.]
46.37.560
46.37.560 Odometers—Selling motor vehicle knowing odometer replaced unlawful. It shall be unlawful for
any person to sell a motor vehicle in this state if such person
has knowledge that the odometer on such motor vehicle has
been replaced with another odometer and if such person fails
to notify the buyer, prior to the time of sale, that the odometer
has been replaced or that he believes the odometer to have
been replaced. [1969 c 112 § 4.]
46.37.570
46.37.570 Odometers—Selling, advertising, using, or
installing device registering false mileage. It shall be
unlawful for any person to advertise for sale, to sell, to use, or
to install on any part of a motor vehicle or on an odometer in
a motor vehicle any device which causes the odometer to register any mileage other than the true mileage driven. For the
purposes of this section the true mileage driven is that driven
by the car as registered by the odometer within the manufacturer's designed tolerance. [1969 c 112 § 5.]
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
License requirement for person renting motorcycle: RCW 46.20.220.
46.37.537
46.37.537 Motorcycles—Exhaust system. No person
shall modify the exhaust system of a motorcycle in a manner
which will amplify or increase the noise emitted by the
engine of such vehicle above that emitted by the muffler originally installed on the vehicle, and it shall be unlawful for any
person to operate a motorcycle not equipped as required by
this section, or which has been amplified as prohibited by this
section. [1977 ex.s. c 355 § 52.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1977 ex.s. c 355: See note following RCW 46.37.010.
(2004 Ed.)
46.37.590
46.37.590 Odometers—Purchaser plaintiff to
recover costs and attorney's fee, when. In any suit brought
by the purchaser of a motor vehicle against the seller of such
vehicle, the purchaser shall be entitled to recover his court
costs and a reasonable attorney's fee fixed by the court, if: (1)
The suit or claim is based substantially upon the purchaser's
allegation that the odometer on such vehicle has been tampered with contrary to RCW 46.37.540 and 46.37.550 or
replaced contrary to RCW 46.37.560; and (2) it is found in
such suit that the seller of such vehicle or any of his employees or agents knew or had reason to know that the odometer
on such vehicle had been so tampered with or replaced and
[Title 46 RCW—page 163]
46.37.600
Title 46 RCW: Motor Vehicles
failed to disclose such knowledge to the purchaser prior to the
time of sale. [1975 c 24 § 1; 1969 c 112 § 7.]
46.37.600
46.37.600 Liability of operator, owner, lessee for violations. Whenever an act or omission is declared to be
unlawful in chapter 46.37 RCW, if the operator of the vehicle
is not the owner or lessee of such vehicle, but is so operating
or moving the vehicle with the express or implied permission
of the owner or lessee, then the operator and/or owner or lessee are both subject to the provisions of this chapter with the
primary responsibility to be that of the owner or lessee.
If the person operating the vehicle at the time of the
unlawful act or omission is not the owner or lessee of the
vehicle, such person is fully authorized to accept the citation
and execute the promise to appear on behalf of the owner or
lessee. [1980 c 104 § 4; 1969 ex.s. c 69 § 3.]
46.37.610
46.37.610 Wheelchair conveyance standards. The
state patrol shall adopt rules for wheelchair conveyance
safety standards. Operation of a wheelchair conveyance that
is in violation of these standards is a traffic infraction. [1987
c 330 § 734; 1983 c 200 § 4.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1983 c 200: See note following RCW 46.04.710.
Wheelchair conveyances
definition: RCW 46.04.710.
licensing: RCW 46.16.640.
operator's license: RCW 46.20.109.
public roadways, operating on: RCW 46.61.730.
46.37.650
46.37.650 Air bags—Installation of previously
deployed—Penalty. (1) A person is guilty of a gross misdemeanor if he or she knew or reasonably should have known
that an air bag he or she installs or reinstalls in a vehicle for
compensation, or distributes as an auto part, is a previously
deployed air bag that is part of an inflatable restraint system.
(2) A person found guilty under subsection (1) of this
section shall be punished by a fine of not more than five thousand dollars or by confinement in the county jail for not more
than one year, or both. [2003 c 33 § 2.]
46.37.660
46.37.660 Air bags—Replacement requirements.
Whenever an air bag that is part of a previously deployed
inflatable restraint system is replaced by either a new air bag
that is part of an inflatable restraint system or a nondeployed
salvage air bag that is part of an inflatable restraint system,
the air bag must conform to the original equipment manufacturer requirements and the installer must verify that the selfdiagnostic system for the inflatable restraint system indicates
that the entire inflatable restraint system is operating properly. [2003 c 33 § 3.]
Chapter 46.38 RCW
VEHICLE EQUIPMENT SAFETY COMPACT
Chapter 46.38
Sections
46.38.010
46.38.020
46.38.030
46.38.040
46.38.050
46.37.620
46.37.620 School buses—Crossing arms. Effective
September 1, 1992, every school bus shall, in addition to any
other equipment required by this chapter, be equipped with a
crossing arm mounted to the bus that, when extended, will
require students who are crossing in front of the bus to walk
more than five feet from the front of the bus. [1991 c 166 §
1.]
46.38.060
46.38.070
46.38.080
46.38.090
Compact enacted—Provisions.
Legislative findings.
Effective date of rules, etc. of vehicle safety equipment commission.
Appointment of commissioner and alternate commissioner.
Cooperation of state agencies with vehicle equipment safety
commission.
State officers for the filing of documents and receipt of
notices.
Vehicle equipment safety commission to submit budgets to
director of financial management.
State auditor to inspect accounts of vehicle equipment safety
commission.
Withdrawal from compact, "executive head" defined.
46.38.010
46.37.630
46.37.630 Private school buses. A private school bus
is subject to the requirements set forth in the National Standards for School Buses established by the national safety
council in effect at the time of the bus manufacture, as
adopted by rule by reference by the chief of the Washington
state patrol. A private school bus manufactured before 1980
must meet the minimum standards set forth in the 1980 edition of the National Standards for School Buses. [1995 c 141
§ 3.]
46.37.640
46.37.640 Air bags—Definitions. (1) "Air bag" means
an inflatable restraint system or portion of an inflatable
restraint system installed in a motor vehicle.
(2) "Previously deployed air bag" means an inflatable
restraint system or portion of the system that has been activated or inflated as a result of a collision or other incident
involving the vehicle.
(3) "Nondeployed salvage air bag" means an inflatable
restraint system that has not been previously activated or
inflated as a result of a collision or other incident involving
the vehicle. [2003 c 33 § 1.]
[Title 46 RCW—page 164]
46.38.010 Compact enacted—Provisions. The vehicle
equipment safety compact prepared pursuant to resolutions of
the western governors' conference and the western interstate
committee on highway policy problems of the council of
state governments, is hereby enacted into law and entered
into with all other jurisdictions legally joining therein in the
form substantially as follows:
VEHICLE EQUIPMENT SAFETY COMPACT
ARTICLE I—Findings and Purposes
(a) The party states find that:
(1) Accidents and deaths on their streets and highways
present a very serious human and economic problem with a
major deleterious effect on the public welfare.
(2) There is a vital need for the development of greater
interjurisdictional cooperation to achieve the necessary uniformity in the laws, rules, regulations and codes relating to
vehicle equipment, and to accomplish this by such means as
will minimize the time between the development of demonstrably and scientifically sound safety features and their
incorporation into vehicles.
(b) The purposes of this compact are to:
(2004 Ed.)
Vehicle Equipment Safety Compact
(1) Promote uniformity in regulation of and standards for
equipment.
(2) Secure uniformity of law and administrative practice
in vehicular regulation and related safety standards to permit
incorporation of desirable equipment changes in vehicles in
the interest of greater traffic safety.
(3) To provide means for the encouragement and utilization of research which will facilitate the achievement of the
foregoing purposes, with due regard for the findings set forth
in subdivision (a) of this Article.
(c) It is the intent of this compact to emphasize performance requirements and not to determine the specific detail
of engineering in the manufacture of vehicles or equipment
except to the extent necessary for the meeting of such performance requirements.
ARTICLE II—Definitions
As used in this compact:
(a) "Vehicle" means every device in, upon or by which
any person or property is or may be transported or drawn
upon a highway, excepting devices moved by human power
or used exclusively upon stationary rails or tracks.
(b) "State" means a state, territory or possession of the
United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(c) "Equipment" means any part of a vehicle or any
accessory for use thereon which affects the safety of operation of such vehicle or the safety of the occupants.
ARTICLE III—The Commission
(a) There is hereby created an agency of the party states
to be known as the "Vehicle Equipment Safety Commission"
hereinafter called the Commission. The Commission shall be
composed of one commissioner from each party state who
shall be appointed, serve and be subject to removal in accordance with the laws of the state which he represents. If authorized by the laws of his party state, a commissioner may provide for the discharge of his duties and the performance of his
functions on the Commission, either for the duration of his
membership or for any lesser period of time, by an alternate.
No such alternate shall be entitled to serve unless notification
of his identity and appointment shall have been given to the
Commission in such form as the Commission may require.
Each commissioner, and each alternate, when serving in the
place and stead of a commissioner, shall be entitled to be
reimbursed by the Commission for expenses actually
incurred in attending Commission meetings or while engaged
in the business of the Commission.
(b) The commissioners shall be entitled to one vote each
on the Commission. No action of the Commission shall be
binding unless taken at a meeting at which a majority of the
total number of votes on the Commission are cast in favor
thereof. Action of the Commission shall be only at a meeting
at which a majority of the commissioners, or their alternates,
are present.
(c) The Commission shall have a seal.
(d) The Commission shall elect annually, from among its
members, a chairman, a vice chairman and a treasurer. The
Commission may appoint an Executive Director and fix his
duties and compensation. Such Executive Director shall
serve at the pleasure of the Commission, and together with
(2004 Ed.)
46.38.010
the Treasurer shall be bonded in such amount as the Commission shall determine. The Executive Director also shall serve
as secretary. If there be no Executive Director, the Commission shall elect a Secretary in addition to the other officers
provided by this subdivision.
(e) Irrespective of the civil service, personnel or other
merit system laws of any of the party states, the Executive
Director with the approval of the Commission, or the Commission if there be no Executive Director, shall appoint,
remove or discharge such personnel as may be necessary for
the performance of the Commission's functions, and shall fix
the duties and compensation of such personnel.
(f) The Commission may establish and maintain independently or in conjunction with any one or more of the party
states, a suitable retirement system for its full time employees. Employees of the Commission shall be eligible for social
security coverage in respect of old age and survivor's insurance provided that the Commission takes such steps as may
be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental
agency or unit. The Commission may establish and maintain
or participate in such additional programs of employee benefits as may be appropriate.
(g) The Commission may borrow, accept or contract for
the services of personnel from any party state, the United
States, or any subdivision or agency of the aforementioned
governments, or from any agency of two or more of the party
states or their subdivisions.
(h) The Commission may accept for any of its purposes
and functions under this compact any and all donations, and
grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United
States, or any other governmental agency and may receive,
utilize, and dispose of the same.
(i) The Commission may establish and maintain such
facilities as may be necessary for the transacting of its business. The Commission may acquire, hold, and convey real
and personal property and any interest therein.
(j) The Commission shall adopt bylaws for the conduct
of its business and shall have the power to amend and rescind
these bylaws. The Commission shall publish its bylaws in
convenient form and shall file a copy thereof and a copy of
any amendment thereto, with the appropriate agency or
officer in each of the party states. The bylaws shall provide
for appropriate notice to the commissioners of all Commission meetings and hearings and the business to be transacted
at such meetings or hearings. Such notice shall also be given
to such agencies or officers of each party state as the laws of
such party state may provide.
(k) The Commission annually shall make to the governor
and legislature of each party state a report covering the activities of the Commission for the preceding year, and embodying such recommendations as may have been issued by the
Commission. The Commission may make such additional
reports as it may deem desirable.
ARTICLE IV—Research and Testing
The Commission shall have power to:
(a) Collect, correlate, analyze and evaluate information
resulting or derivable from research and testing activities in
equipment and related fields.
[Title 46 RCW—page 165]
46.38.010
Title 46 RCW: Motor Vehicles
(b) Recommend and encourage the undertaking of
research and testing in any aspect of equipment or related
matters when, in its judgment, appropriate or sufficient
research or testing has not been undertaken.
(c) Contract for such equipment research and testing as
one or more governmental agencies may agree to have contracted for by the Commission, provided that such governmental agency or agencies shall make available the funds
necessary for such research and testing.
(d) Recommend to the party states changes in law or policy with emphasis on uniformity of laws and administrative
rules, regulations or codes which would promote effective
governmental action or coordination in the prevention of
equipment-related highway accidents or the mitigation of
equipment-related highway safety problems.
ARTICLE V—Vehicular Equipment
(a) In the interest of vehicular and public safety, the
Commission may study the need for or desirability of the
establishment of or changes in performance requirements or
restrictions for any item of equipment. As a result of such
study, the Commission may publish a report relating to any
item or items of equipment, and the issuance of such a report
shall be a condition precedent to any proceedings or other
action provided or authorized by this Article. No less than
sixty days after the publication of a report containing the
results of such study, the Commission upon due notice shall
hold a hearing or hearings at such place or places as it may
determine.
(b) Following the hearing or hearings provided for in
subdivision (a) of this Article, and with due regard for standards recommended by appropriate professional and technical associations and agencies, the Commission may issue
rules, regulations or codes embodying performance requirements or restrictions for any item or items of equipment covered in the report, which in the opinion of the Commission
will be fair and equitable and effectuate the purposes of this
compact.
(c) Each party state obligates itself to give due consideration to any and all rules, regulations and codes issued by the
Commission and hereby declares its policy and intent to be
the promotion of uniformity in the laws of the several party
states relating to equipment.
(d) The Commission shall send prompt notice of its
action in issuing any rule, regulation or code pursuant to this
Article to the appropriate motor vehicle agency of each party
state and such notice shall contain the complete text of the
rule, regulation or code.
(e) If the constitution of a party state requires, or if its
statutes provide, the approval of the legislature by appropriate resolution or act may be made a condition precedent to the
taking effect in such party state of any rule, regulation or
code. In such event, the commissioner of such party state
shall submit any Commission rule, regulation or code to the
legislature as promptly as may be in lieu of administrative
acceptance or rejection thereof by the party state.
(f) Except as otherwise specifically provided in or pursuant to subdivisions (e) and (g) of this Article, the appropriate
motor vehicle agency of a party state shall in accordance with
its constitution or procedural laws adopt the rule, regulation
or code within six months of the sending of the notice, and,
[Title 46 RCW—page 166]
upon such adoption, the rule, regulation or code shall have
the force and effect of law therein.
(g) The appropriate motor vehicle agency of a party state
may decline to adopt a rule, regulation or code issued by the
Commission pursuant to this Article if such agency specifically finds, after public hearing on due notice, that a variation
from the Commission's rule, regulation or code is necessary
to the public safety, and incorporates in such finding the reasons upon which it is based. Any such finding shall be subject
to review by such procedure for review of administrative
determinations as may be applicable pursuant to the laws of
the party state. Upon request, the Commission shall be furnished with a copy of the transcript of any hearings held pursuant to this subdivision.
ARTICLE VI—Finance
(a) The Commission shall submit to the executive head
or designated officer or officers of each party state a budget
of its estimated expenditures for such period as may be
required by the laws of that party state for presentation to the
legislature thereof.
(b) Each of the Commission's budgets of estimated
expenditures shall contain specific recommendations of the
amount or amounts to be appropriated by each of the party
states. The total amount of appropriations under any such
budget shall be apportioned among the party states as follows: one-third in equal shares; and the remainder in proportion to the number of motor vehicles registered in each party
state. In determining the number of such registrations, the
Commission may employ such source or sources of information as, in its judgment present the most equitable and accurate comparisons among the party states. Each of the Commission's budgets of estimated expenditures and requests for
appropriations shall indicate the source or sources used in
obtaining information concerning vehicular registrations.
(c) The Commission shall not pledge the credit of any
party state. The Commission may meet any of its obligations
in whole or in part with funds available to it under Article III
(h) of this compact, provided that the Commission takes specific action setting aside such funds prior to incurring any
obligation to be met in whole or in part in such manner.
Except where the Commission makes use of funds available
to it under Article III (h) hereof, the Commission shall not
incur any obligation prior to the allotment of funds by the
party states adequate to meet the same.
(d) The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements
of the Commission shall be subject to the audit and accounting procedures established under its rules. However, all
receipts and disbursements of funds handled by the Commission shall be audited yearly by a qualified public accountant
and the report of the audit shall be included in and become
part of the annual reports of the Commission.
(e) The accounts of the Commission shall be open at any
reasonable time for inspection by duly constituted officers of
the party states and by any persons authorized by the Commission.
(f) Nothing contained herein shall be construed to prevent Commission compliance with laws relating to audit or
inspection of accounts by or on behalf of any government
contributing to the support of the Commission.
(2004 Ed.)
Vehicle Equipment Safety Compact
ARTICLE VII—Conflict of Interest
(a) The Commission shall adopt rules and regulations
with respect to conflict of interest for the commissioners of
the party states, and their alternates, if any, and for the staff of
the Commission and contractors with the Commission to the
end that no member or employee or contractor shall have a
pecuniary or other incompatible interest in the manufacture,
sale or distribution of motor vehicles or vehicular equipment
or in any facility or enterprise employed by the Commission
or on its behalf for testing, conduct of investigations or
research. In addition to any penalty for violation of such rules
and regulations as may be applicable under the laws of the
violator's jurisdiction of residence, employment or business,
any violation of a Commission rule or regulation adopted
pursuant to this Article shall require the immediate discharge
of any violating employee and the immediate vacating of
membership, or relinquishing of status as a member on the
Commission by any commissioner or alternate. In the case of
a contractor, any violation of any such rule or regulation shall
make any contract of the violator with the Commission subject to cancellation by the Commission.
(b) Nothing contained in this Article shall be deemed to
prevent a contractor for the Commission from using any
facilities subject to his control in the performance of the contract even though such facilities are not devoted solely to
work of or done on behalf of the Commission; nor to prevent
such a contractor from receiving remuneration or profit from
the use of such facilities.
ARTICLE VIII—Advisory and
Technical Committees
The Commission may establish such advisory and technical committees as it may deem necessary, membership on
which may include private citizens and public officials, and
may cooperate with and use the services of any such committees and the organizations which the members represent in
furthering any of its activities.
ARTICLE IX—Entry Into Force and Withdrawal
46.38.050
compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby.
If this compact shall be held contrary to the constitution of
any state participating herein, the compact shall remain in full
force and effect as to the remaining party states and in full
force and effect as to the state affected as to all severable matters. [1963 c 204 § 1.]
46.38.020 Legislative findings. The legislature finds
46.38.020
that:
(1) The public safety necessitates the continuous development, modernization and implementation of standards and
requirements of law relating to vehicle equipment, in accordance with expert knowledge and opinion.
(2) The public safety further requires that such standards
and requirements be uniform from jurisdiction to jurisdiction,
except to the extent that specific and compelling evidence
supports variation.
(3) The state patrol, acting upon recommendations of the
vehicle equipment safety commission and pursuant to the
vehicle equipment safety compact provides a just, equitable
and orderly means of promoting the public safety in the manner and within the scope contemplated by this chapter. [1987
c 330 § 735; 1963 c 204 § 2.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.38.030 Effective date of rules, etc. of vehicle safety
equipment commission. Pursuant to Article V(e) of the
vehicle equipment safety compact it is the intention of this
state and it is hereby provided that any rule, regulation, or
code issued by the vehicle equipment safety commission in
accordance with Article V of the compact shall take effect
when issued in accordance with the administrative procedure
act by the state patrol. [1987 c 330 § 736; 1967 ex.s. c 145 §
57; 1963 c 204 § 3.]
46.38.030
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1967 ex.s. c 145: See RCW 47.98.043.
(a) This compact shall enter into force when enacted into
law by any six or more states. Thereafter, this compact shall
become effective as to any other state upon its enactment
thereof.
(b) Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal
shall take effect until one year after the executive head of the
withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No
withdrawal shall affect any liability already incurred by or
chargeable to a party state prior to the time of such withdrawal.
46.38.040 Appointment of commissioner and alternate commissioner. The commissioner of this state on the
vehicle equipment safety commission shall be appointed by
the chief of the state patrol to serve at the chief's pleasure.
The chief of the state patrol may also designate an alternate
commissioner to serve whenever the commissioner of this
state is unable to participate on the vehicle equipment safety
commission. Subject to the provisions of the compact and
bylaws of the vehicle equipment safety commission, the
authority and responsibilities of such alternate shall be as
determined by the chief of the state patrol. [1987 c 330 § 737;
1963 c 204 § 4.]
ARTICLE X—Construction and Severability
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact
shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this
(2004 Ed.)
46.38.040
46.38.050 Cooperation of state agencies with vehicle
equipment safety commission. Within appropriations available therefor, the departments, agencies and officers of the
government of this state may cooperate with and assist the
vehicle equipment safety commission within the scope contemplated by Article III(h) of the compact. The departments,
46.38.050
[Title 46 RCW—page 167]
46.38.060
Title 46 RCW: Motor Vehicles
agencies and officers of the government of this state are
authorized generally to cooperate with said commission.
[1963 c 204 § 5.]
46.38.060 State officers for the filing of documents
and receipt of notices. Filing of documents as required by
Article III(j) of the compact shall be with the chief of the state
patrol. Any and all notices required by commission bylaws to
be given pursuant to Article III(j) of the compact shall be
given to the commissioner of this state, his alternate, if any,
and the chief of the state patrol. [1987 c 330 § 738; 1963 c
204 § 6.]
46.38.060
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.38.070 Vehicle equipment safety commission to
submit budgets to director of financial management. Pursuant to Article VI(a) of the compact, the vehicle equipment
safety commission shall submit its budgets to the director of
financial management. [1979 c 151 § 160; 1963 c 204 § 7.]
46.38.070
46.38.080 State auditor to inspect accounts of vehicle
equipment safety commission. Pursuant to Article VI(e) of
the compact, the state auditor is hereby empowered and
authorized to inspect the accounts of the vehicle equipment
safety commission. [1963 c 204 § 8.]
46.38.080
46.38.090 Withdrawal from compact, "executive
head" defined. The term "executive head" as used in Article
IX(b) of the compact shall, with reference to this state, mean
the governor. [1963 c 204 § 9.]
46.38.090
Chapter 46.39 RCW
INTERSTATE COMPACT FOR SCHOOL
BUS SAFETY
Chapter 46.39
Sections
46.39.010
46.39.020
Compact enacted—Provisions.
Designation of Washington state commissioners.
46.39.010 Compact enacted—Provisions. The "Interstate Compact for School Bus Safety" is hereby enacted into
law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:
46.39.010
INTERSTATE COMPACT FOR SCHOOL
BUS SAFETY
ARTICLE I
FINDINGS AND PURPOSES
(a) The party states find that:
(1) School transportation is an integral part of our education systems. The increasing volume of traffic on streets and
highways, with larger numbers of school children being
transported each year, presents a serious problem in safety
that requires regulation and control.
(2) During recent years the various states have each
developed their own rules, regulations and standards which
govern the operation of school buses in the individual states,
thus creating vast differences in construction standards and
operational procedures.
[Title 46 RCW—page 168]
(3) Standardization by means of interstate cooperation,
exchange of information, and the promulgation of uniform
practices among the states can do much to mitigate present
hazards and at the same time generate cost reductions and
improved service.
(b) The purposes of this compact are to:
(1) Promote uniformity in regulation of and standards for
school bus equipment.
(2) Secure uniformity of law and administrative practices in school bus vehicle regulation and related safety standards, incorporating desirable equipment changes in the
interest of greater school bus safety.
(3) Establish a means whereby the states party to this
compact shall jointly agree on certain school bus minimum
standards and procedures including, without limitation by the
enumeration, the following:
(i) Items which affect the motorist, such as use of lights,
signs, and signaling devices that control traffic;
(ii) Procedural activities of school bus drivers in controlling traffic; and in the loading and unloading of buses;
(iii) Construction and other specifications which can
lead to lower initial costs and the interchangeability of school
buses among states;
(iv) A framework within which the party states may
develop uniform driver training programs; and
(v) Development of accurate and uniform accident statistical reporting among the party states.
(4) Encourage and utilize research which will facilitate
achievement of the foregoing purposes, with due regard for
the findings set forth in subsection (a) of this Article.
(5) It is recognized that there are inherent differences in
transportation needs in each of the party states. It shall not be
the purpose of this compact to abridge, impair or adversely
affect the jurisdiction or authority of the individual states to
regulate and control their own school transportation systems.
(6) Investigate the safety and economic advantage of
children being transported.
ARTICLE II
DEFINITIONS
(a) "State" means a state, territory or possession of the
United States, the District of Columbia, the Commonwealth
of Puerto Rico, and any other special commonwealth as may
be established by the Government of the United States.
(b) "School bus" shall have the same meaning as provided in RCW 46.04.521.
(c) "Equipment" means the equipment required for
school buses under chapter 46.37 RCW.
ARTICLE III
THE COMMISSION
(a) There is hereby created an agency of the party states
to be known as the "Western States School Bus Safety Commission" (hereinafter called the Commission). The Commission shall consist of not less than one nor more than three
commissioners from each State, each of whom shall be a citizen of the State from which he is appointed, and not less than
one or nor more than three commissioners representing the
United States Government. The commissioners from each
State shall be chosen in the manner and for the terms provided by the laws of the States from which they shall be
(2004 Ed.)
Interstate Compact for School Bus Safety
appointed, provided that at least one member shall be
appointed from the State agency which has primary responsibility for pupil transportation in that State. Any commissioner may be removed or suspended from office as provided
by the law of the State from which he shall be appointed. The
commissioners representing the United States shall be
appointed by the President of the United States, or in such
other manner as may be provided by Congress. The commissioners shall serve without compensation, but shall be paid
their actual expenses incurred in and incidental to the performance of their duties; but nothing herein shall prevent the
appointment of an officer or employee of any State or of the
United States Government.
(b) Each state delegation shall be entitled to one vote,
and the presence of commissioners from a majority of the
party states shall constitute a quorum for the transaction of
business at any meeting of the Commission. A majority vote
of the quorum will be required to adopt any measure before
the Commission. The commissioners representing the United
States Government shall act in an advisory capacity and shall
not have voting powers.
(c) The Commission shall have a seal.
(d) The Commission shall elect annually, from among its
members, a chairman, a vice chairman, and a treasurer. The
Commission shall appoint an Executive Director who shall
serve at its pleasure and who shall also act as Secretary, and
who, together with the Treasurer, shall be bonded in such
amounts as the Commission may require.
(e) The Executive Director, with the approval of the
Commission, shall appoint and remove or discharge such personnel as may be necessary for the performance of the Commission's functions irrespective of the civil service, personnel
or other merit system laws of any of the party states.
(f) The Commission may establish and maintain, independently or in conjunction with any one or more of the party
states, a suitable retirement system for its full-time employees. The Commission may establish and maintain or participate in such additional programs of employee benefits as may
be appropriate.
(g) The Commission may borrow, accept, or contract for
the services of personnel from any state or the United States
or any subdivision or agency thereof, from any interstate
agency, or from any institution, person, firm or corporation.
(h) The Commission may establish and maintain such
facilities as may be necessary for the transacting of its business. The Commission may acquire, hold, and convey real
and personal property and any interest therein.
(i) The Commission shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the
power to amend and rescind these bylaws, rules, and regulations. The Commission shall publish its bylaws, rules, and
regulations in convenient form and shall file a copy thereof
and shall also file a copy of any amendment thereto, with the
appropriate agency or officer in each of the party states.
(j) The Commission annually shall make to the governor
and the legislature of each party state, a report covering the
activities of the Commission for the preceding year, and
embodying such recommendations as may have been adopted
by the Commission. The Commission may issue such additional reports as it may deem desirable.
(2004 Ed.)
46.39.010
ARTICLE IV
FUNCTIONS AND ACTIVITIES
(a) The Commission shall have power to perform the following functions and activities that relate to school bus transportation:
(1) Recommend and encourage research, testing and
training activities to the extent the Commission finds necessary.
(2) Contract for research, testing and training activities
on behalf of the Commission itself or for one or more governmental agencies if they provide special funding for that purpose.
(3) Engage directly in such activities to the extent
approved by the Commission.
(4) Recommend to the party states of needed changes in
law or policy with emphasis on uniformity of laws and
administrative rules, regulations or codes which would promote effective governmental action or coordination of school
bus construction, equipment, safety programs, and school bus
driver training.
(5) The Commission shall send prompt notice of its
action in issuing any rule, regulation or code pursuant to this
article to the appropriate agency of each party state and such
notice shall contain the complete text of the rule, regulation
or code.
(6) Each party state, recognizing that to carry out the
intent of this compact, obligates itself to adopt in identical
terms, all rules, regulations and specifications which are standardized through due process to the States.
(b) The Commission may establish such advisory and
technical committees as may be necessary, membership on
which may include public officials and private citizens. The
Commission may also cooperate with other governmental
agencies and interstate organizations and with organizations
representing the private sector.
ARTICLE V
FINANCE
(a) Moneys necessary to finance the Commission in carrying out its duties shall be provided through appropriations
from the states party to this compact, said payments to be in
direct proportion to the number of school buses registered in
the respective party states. The initial rate of payment shall be
figured at $0.50 per bus, provided that no state shall contribute less than $500.00 per annum. The annual contribution of
each state above the minimum shall be figured to the nearest
one hundred dollars. Subsequent budgets shall be determined
by the Commission, and the cost thereof allocated in the same
proportion as the initial budget.
(b) The Commission may accept for any of its purposes
under this compact any and all donations, and grants of
money, equipment, supplies, materials, and services (conditional and otherwise) from any state or the United States or
any subdivision or agency thereof, or interstate agency, or
from any institution, person, firm, or corporation, and may
receive, utilize and dispose of the same.
[Title 46 RCW—page 169]
46.39.020
Title 46 RCW: Motor Vehicles
ARTICLE VI
ENTRY INTO FORCE AND WITHDRAWAL
Chapter 46.44
(a) This compact shall enter into immediate force and
effect as to any state when enacted by it into law, and such
state shall thereafter be a party thereto with any and all states
joining therein.
(b) It is the purpose of this compact to provide the necessary legal basis for implementation and adoption by each
party state of the standardized rules, regulations and specifications as adopted by the Commission. Consistent with the
laws of each party state, there shall be a "compact administrator" who, acting jointly with like officials of other party
states, shall promulgate necessary rules, regulations and
specifications within that state to carry out the actions and
directives of the Commission.
(c) Any state party to this compact may, by legislative
act after one year's notice to the Commission, withdraw from
the compact. The compact may also be terminated at any time
by the unanimous agreement of the several party states. Withdrawal shall not relieve a state from its obligations hereunder
prior to the effective withdrawal date.
(d) If any state shall at any time default in the performance of any of its obligations assumed herein or with
respect to any obligation imposed upon said state as authorized by and in compliance with the terms and provisions of
this compact, all rights, privileges and benefits of such
defaulting state and its members on the Commission shall be
suspended after the date of such default. Such suspension
shall in no manner release such defaulting state from any
accrued obligation or otherwise affect this compact or the
rights, duties, privileges or obligations of the remaining states
thereunder.
Sections
ARTICLE VII
SEVERABILITY
46.44.173
Chapter 46.44 RCW
SIZE, WEIGHT, LOAD
(a) The provisions of this compact shall be severable and
if any phrase, clause, sentence or provision of this compact is
declared to be unconstitutional or the applicability thereof to
any state, agency, person or circumstances is held invalid, the
constitutionality of the remainder of this compact and the
applicability thereof to any other state, agency, person or circumstances shall not be affected thereby. It is the legislative
intent that the provisions of this compact be reasonably and
liberally construed. [1977 ex.s. c 88 § 1.]
46.39.020
46.39.020 Designation of Washington state commissioners. The Washington state commissioners to the western
states school bus safety commission shall be the secretary of
transportation, the superintendent of public instruction, and
the chief of the Washington state patrol or their respective
designees. Annually the Washington commissioners shall
elect a chairman from their own membership who shall serve
for one year commencing July 1st. Election as chairman shall
not interfere with the member's right to vote on all matters
before the Washington commissioners. The Washington
commissioners may by majority vote designate one of their
members to represent the state on any matter coming before
the Western states school bus safety commission. [1984 c 7
§ 51; 1977 ex.s. c 88 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 46 RCW—page 170]
46.44.010
46.44.020
46.44.030
46.44.034
46.44.036
46.44.037
46.44.041
46.44.042
46.44.043
46.44.047
46.44.049
46.44.050
46.44.060
46.44.070
46.44.080
46.44.090
46.44.091
46.44.092
46.44.093
46.44.0941
46.44.095
46.44.096
46.44.098
46.44.105
46.44.110
46.44.120
46.44.130
46.44.140
46.44.150
46.44.170
46.44.175
46.44.180
46.44.190
Outside width limit.
Maximum height—Impaired clearance signs.
Maximum lengths.
Maximum lengths—Front and rear protrusions.
Combination of units—Limitation.
Combination of units—Lawful operations.
Maximum gross weights—Wheelbase and axle factors.
Maximum gross weights—Axle and tire factors.
Cement trucks—Axle loading controls.
Excess weight—Logging trucks—Special permits—County
or city permits—Fees—Discretion of arresting officer.
Effect of weight on highways—Study authorized.
Minimum length of wheelbase.
Outside load limits for passenger vehicles.
Drawbar requirements—Trailer whipping or weaving—Towing flag.
Local regulations—State highway regulations.
Special permits for oversize or overweight movements.
Special permits—Gross weight limit.
Special permits—Overall width limits, exceptions—Application for permit.
Special permits—Discretion of issuer—Conditions.
Special permits—Fees.
Temporary additional tonnage permits—Fees.
Special permits—Determining fee—To whom paid.
Increase in federal limits on sizes and weights—Increases by
commission.
Enforcement procedures—Penalties—Rules.
Liability for damage to highways, bridges, etc.
Liability of owner, others, for violations.
Farm implements—Gross weight and size limitation exception—Penalty.
Farm implements—Special permits—Penalty.
Highway improvement vehicles—Gross weight limit excesses
authorized—Limitations.
Mobile home or park model trailer movement special permit
and decal—Responsibility for taxes—License plates—
Rules.
Notice to treasurer and assessor of county where mobile home
or park trailer to be located.
Penalties—Hearing.
Operation of mobile home pilot vehicle without insurance
unlawful—Amounts—Exception—Penalty.
Fire-fighting apparatus.
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Traffic infractions—Monetary penalty schedule—IRLJ 6.2.
Auto transportation companies: Chapter 81.68 RCW.
Permitting escape of load materials: RCW 46.61.655.
46.44.010
46.44.010 Outside width limit. The total outside width
of any vehicle or load thereon shall not exceed eight and onehalf feet: PROVIDED, That no rear vision mirror may
extend more than five inches beyond the extreme limits of the
body: PROVIDED FURTHER, That excluded from this calculation of width are safety appliances such as clearance
lights, rub rails, flexible fender extensions, mud flaps, and
splash and spray suppressant devices, and appurtenances
such as door handles, door hinges, and turning signal brackets and such other safety appliances and appurtenances as the
department may determine are necessary for the safe and efficient operation of motor vehicles: AND PROVIDED FURTHER, That no appliances or appurtenances may extend
more than three inches beyond the extreme limits of the body.
[1997 c 63 § 1; 1983 c 278 § 1; 1961 c 12 § 46.44.010. Prior:
1947 c 200 § 4; 1937 c 189 § 47; Rem. Supp. 1947 § 636047; 1923 c 181 § 4, part; RRS § 6362-8, part.]
(2004 Ed.)
Size, Weight, Load
46.44.020
46.44.020 Maximum height—Impaired clearance
signs. It is unlawful for any vehicle unladen or with load to
exceed a height of fourteen feet above the level surface upon
which the vehicle stands. This height limitation does not
apply to authorized emergency vehicles or repair equipment
of a public utility engaged in reasonably necessary operation.
The provisions of this section do not relieve the owner or
operator of a vehicle or combination of vehicles from the
exercise of due care in determining that sufficient vertical
clearance is provided upon the public highways where the
vehicle or combination of vehicles is being operated; and no
liability may attach to the state or to any county, city, town,
or other political subdivision by reason of any damage or
injury to persons or property by reason of the existence of any
structure over or across any public highway where the vertical clearance above the roadway is fourteen feet or more; or,
where the vertical clearance is less than fourteen feet, if
impaired clearance signs of a design approved by the state
department of transportation are erected and maintained on
the right side of any such public highway in accordance with
the manual of uniform traffic control devices for streets and
highways as adopted by the state department of transportation under chapter 47.36 RCW. If any structure over or across
any public highway is not owned by the state or by a county,
city, town, or other political subdivision, it is the duty of the
owner thereof when billed therefor to reimburse the state
department of transportation or the county, city, town, or
other political subdivision having jurisdiction over the highway for the actual cost of erecting and maintaining the
impaired clearance signs, but no liability may attach to the
owner by reason of any damage or injury to persons or property caused by impaired vertical clearance above the roadway. [1984 c 7 § 52; 1977 c 81 § 1; 1975-'76 2nd ex.s. c 64
§ 7; 1971 ex.s. c 248 § 1; 1965 c 43 § 1; 1961 c 12 §
46.44.020. Prior: 1959 c 319 § 26; 1955 c 384 § 1; 1953 c
125 § 1; 1951 c 269 § 20; 1937 c 189 § 48; RRS § 6360-48.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.030
46.44.030 Maximum lengths. It is unlawful for any
person to operate upon the public highways of this state any
vehicle having an overall length, with or without load, in
excess of forty feet. This restriction does not apply to (1) a
municipal transit vehicle, (2) auto stage, private carrier bus,
school bus, or motor home with an overall length not to
exceed forty-six feet, or (3) an articulated auto stage with an
overall length not to exceed sixty-one feet.
It is unlawful for any person to operate upon the public
highways of this state any combination consisting of a tractor
and semitrailer that has a semitrailer length in excess of fiftythree feet or a combination consisting of a tractor and two
trailers in which the combined length of the trailers exceeds
sixty-one feet, with or without load.
It is unlawful for any person to operate on the highways
of this state any combination consisting of a truck and trailer,
or log truck and stinger-steered pole trailer, with an overall
length, with or without load, in excess of seventy-five feet.
However, a combination of vehicles transporting automobiles or boats may have a front overhang of three feet and a
rear overhang of four feet beyond this allowed length.
(2004 Ed.)
46.44.036
"Stinger-steered," as used in this section, means the coupling
device is located behind the tread of the tires of the last axle
of the towing vehicle.
These length limitations do not apply to vehicles transporting poles, pipe, machinery, or other objects of a structural
nature that cannot be dismembered and operated by a public
utility when required for emergency repair of public service
facilities or properties, but in respect to night transportation
every such vehicle and load thereon shall be equipped with a
sufficient number of clearance lamps on both sides and
marker lamps upon the extreme ends of any projecting load to
clearly mark the dimensions of the load.
The length limitations described in this section are exclusive of safety and energy conservation devices, such as mud
flaps and splash and spray suppressant devices, refrigeration
units or air compressors, and other devices that the department determines to be necessary for safe and efficient operation of commercial vehicles. No device excluded under this
paragraph from the limitations of this section may have, by
its design or use, the capability to carry cargo. [2000 c 102 §
1; 1995 c 26 § 1; 1994 c 59 § 2; 1993 c 301 § 1; 1991 c 113 §
1; 1990 c 28 § 1; 1985 c 351 § 1; 1984 c 104 § 1; 1983 c 278
§ 2; 1979 ex.s. c 113 § 4; 1977 ex.s. c 64 § 1; 1975-'76 2nd
ex.s. c 53 § 1; 1974 ex.s. c 76 § 2; 1971 ex.s. c 248 § 2; 1967
ex.s. c 145 § 61; 1963 ex.s. c 3 § 52; 1961 ex.s. c 21 § 36;
1961 c 12 § 46.44.030. Prior: 1959 c 319 § 25; 1957 c 273 §
14; 1951 c 269 § 22; prior: 1949 c 221 § 1, part; 1947 c 200
§ 5, part; 1941 c 116 § 1, part; 1937 c 189 § 49, part; Rem.
Supp. 1949 § 6360-49, part.]
Effective date—1995 c 26: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1,
1995." [1995 c 26 § 2.]
Severability—1967 ex.s. c 145: See RCW 47.98.043.
46.44.034
46.44.034 Maximum lengths—Front and rear protrusions. (1) The load, or any portion of any vehicle, operated alone upon the public highway of this state, or the load,
or any portion of the front vehicle of a combination of vehicles, shall not extend more than three feet beyond the front
wheels of such vehicle, or the front bumper, if equipped with
front bumper. This subsection does not apply to a front-loading garbage truck or recycling truck while on route and actually engaged in the collection of solid waste or recyclables at
speeds of twenty miles per hour or less.
(2) No vehicle shall be operated upon the public highways with any part of the permanent structure or load extending in excess of fifteen feet beyond the center of the last axle
of such vehicle. This subsection does not apply to "specialized equipment" designated under 49 U.S.C. Sec. 2311 that is
operated on the interstate highway system, those designated
portions of the federal-aid primary system, and routes constituting reasonable access from such highways to terminals and
facilities for food, fuel, repairs, and rest. [1997 c 191 § 1;
1991 c 143 § 1; 1961 c 12 § 46.44.034. Prior: 1957 c 273 §
15; 1951 c 269 § 24; prior: 1949 c 221 § 1, part; 1947 c 200
§ 5, part; 1941 c 116 § 1, part; 1937 c 189 § 49, part; Rem.
Supp. 1949 § 6360-49, part.]
46.44.036
46.44.036 Combination of units—Limitation. Except
as provided in RCW 46.44.037, it is unlawful for any person
[Title 46 RCW—page 171]
46.44.037
Title 46 RCW: Motor Vehicles
to operate upon the public highways of this state any combination of vehicles consisting of more than two vehicles. For
the purposes of this section a truck tractor-semitrailer or pole
trailer combination will be considered as two vehicles but the
addition of another axle to the tractor of a truck tractor-semitrailer or pole trailer combination in such a way that it supports a proportional share of the load of the semitrailer or
pole trailer shall not be deemed a separate vehicle but shall be
considered a part of the truck tractor. For the purposes of this
section a converter gear used in converting a semitrailer to a
full trailer shall not be deemed a separate vehicle but shall be
considered a part of the trailer. [1975-'76 2nd ex.s. c 64 § 8;
1961 c 12 § 46.44.036. Prior: 1955 c 384 § 2; 1951 c 269 §
23; prior: 1949 c 221 § 1, part; 1947 c 200 § 5, part; 1941 c
116 § 1, part; 1937 c 189 § 49, part; Rem. Supp. 1949 § 636049, part.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.037
46.44.037 Combination of units—Lawful operations.
Notwithstanding the provisions of RCW 46.44.036 and subject to such rules and regulations governing their operation as
may be adopted by the state department of transportation,
operation of the following combinations is lawful:
(1) A combination consisting of a truck tractor, a semitrailer, and another semitrailer or a full trailer. In this combination a converter gear used to convert a semitrailer into a
full trailer shall be considered to be a part of the full trailer
and not a separate vehicle. A converter gear being pulled
without load and not used to convert a semitrailer into a full
trailer may be substituted in lieu of a full trailer or a semitrailer in any lawful combination;
(2) A combination not exceeding seventy-five feet in
overall length consisting of four trucks or truck tractors used
in driveaway service where three of the vehicles are towed by
the fourth in triple saddlemount position;
(3) A combination consisting of a truck tractor carrying
a freight compartment no longer than eight feet, a semitrailer,
and another semitrailer or full trailer that meets the legal
length requirement for a truck and trailer combination set
forth in RCW 46.44.030. [1991 c 143 § 2; 1985 c 351 § 2;
1984 c 7 § 53; 1979 ex.s. c 149 § 3; 1975-'76 2nd ex.s. c 64 §
9; 1965 ex.s. c 170 § 37; 1963 ex.s. c 3 § 53; 1961 c 12 §
46.44.037. Prior: 1957 c 273 § 16; 1955 c 384 § 3.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.041
46.44.041 Maximum gross weights—Wheelbase and
axle factors. No vehicle or combination of vehicles shall
operate upon the public highways of this state with a gross
load on any single axle in excess of twenty thousand pounds,
or upon any group of axles in excess of that set forth in the
following table, except that two consecutive sets of tandem
axles may carry a gross load of thirty-four thousand pounds
each, if the overall distance between the first and last axles of
such consecutive sets of tandem axles is thirty-six feet or
more.
[Title 46 RCW—page 172]
Distance in feet
Maximum load in pounds carried
between the
on any group of 2 or more consecextremes of any
utive axles
group of 2 or
more consecu2
3
4
5
6
tive axles
axles axles axles axles
axles
4
5
6
7
8 & less
more than 8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
34,000
34,000
34,000
34,000
34,000
38,000
39,000
40,000
34,000
42,000
42,500
43,500
44,000
45,000
45,500
46,500
47,000
48,000
48,500
49,500
50,000
51,000
51,500
52,500
53,000
54,000
54,500
55,500
56,000
57,000
57,500
58,500
59,000
60,000
50,000
50,500
51,500
52,000
52,500
53,500
54,000
54,500
55,500
56,000
56,500
57,500
58,000
58,500
59,500
60,000
60,500
61,500
62,000
62,500
63,500
64,000
64,500
65,500
66,000
66,500
67,500
68,000
68,500
69,500
70,000
70,500
71,500
72,000
72,500
73,500
74,000
74,500
75,500
76,000
76,500
77,500
78,000
78,500
79,500
80,000
58,000
58,500
59,000
60,000
60,500
61,000
61,500
62,500
63,000
63,500
64,000
65,000
65,500
66,000
66,500
67,500
68,000
68,500
69,000
70,000
70,500
71,000
71,500
72,500
73,000
73,500
74,000
75,000
75,500
76,000
76,500
77,500
78,000
78,500
79,000
80,000
80,500
81,000
81,500
82,500
83,000
83,500
84,000
85,000
85,500
86,000
86,500
87,500
88,000
88,500
89,000
90,000
90,500
91,000
91,500
92,500
93,000
93,500
94,000
95,000
95,500
96,000
96,500
97,500
98,000
98,500
99,000
66,000
66,500
67,000
68,000
68,500
69,000
69,500
70,000
71,000
71,500
72,000
72,500
73,000
74,000
74,500
75,000
75,500
76,000
77,000
77,500
78,000
78,500
79,000
80,000
80,500
81,000
81,500
82,000
83,000
83,500
84,000
84,500
85,000
86,000
86,500
87,000
87,500
88,000
89,000
89,500
90,000
90,500
91,000
92,000
92,500
93,000
93,500
94,000
95,000
95,500
96,000
96,500
97,000
98,000
98,500
99,000
99,500
100,000
101,000
101,500
102,000
102,500
103,000
7
axles
8
axles
9
axles
74,000
74,500
75,000
75,500
76,500
77,000
77,500
78,000
78,500
79,000
80,000
80,500
81,000
81,500
82,000
82,500
83,500
84,000
84,500
85,000
85,500
86,000
87,000
87,500
88,000
88,500
89,000
89,500
90,500
91,000
91,500
92,000
92,500
93,000
94,000
94,500
95,000
95,500
96,000
96,500
97,500
98,000
98,500
99,000
99,500
100,000
101,000
101,500
102,000
102,500
103,000
103,500
104,500
105,000
105,500
105,500
105,500
105,500
105,500
82,000
82,500
83,000
83,500
84,500
85,000
85,500
86,000
86,500
87,000
87,500
88,500
89,000
89,500
90,000
90,500
91,000
91,500
92,500
93,000
93,500
94,000
94,500
95,000
95,500
96,500
97,000
97,500
98,000
98,500
99,000
99,500
100,500
101,000
101,500
102,000
102,500
103,000
103,500
104,500
105,000
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
90,000
90,500
91,000
91,500
92,000
93,000
93,500
94,000
94,500
95,000
95,500
96,000
96,500
97,500
98,000
98,500
99,000
99,500
100,000
100,500
101,000
102,000
102,500
103,000
103,500
104,000
104,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
(2004 Ed.)
Size, Weight, Load
83
84
85
86 or more
100,000 104,000
104,500
105,000
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
105,500
When inches are involved: Under six inches take lower, six
inches or over take higher. The maximum load on any axle in
any group of axles shall not exceed the single axle or tandem
axle allowance as set forth in the table above.
The maximum axle and gross weights specified in this
section are subject to the braking requirements set up for the
service brakes upon any motor vehicle or combination of
vehicles as provided by law.
Loads of not more than eighty thousand pounds which
may be legally hauled in the state bordering this state which
also has a sales tax, are legal in this state when moving to a
port district within four miles of the bordering state except on
the interstate system. This provision does not allow the operation of a vehicle combination consisting of a truck tractor
and three trailers.
Notwithstanding anything contained herein, a vehicle or
combination of vehicles in operation on January 4, 1975, may
operate upon the public highways of this state, including the
interstate system within the meaning of section 127 of Title
23, United States Code, with an overall gross weight upon a
group of two consecutive sets of dual axles which was lawful
in this state under the laws, regulations, and procedures in
effect in this state on January 4, 1975. [1997 c 198 § 1; 1995
c 171 § 1. Prior: 1993 c 246 § 1; 1993 c 102 § 3; prior: 1988
c 229 § 1; 1988 c 6 § 2; 1985 c 351 § 3; 1977 c 81 § 2; 1975'76 2nd ex.s. c 64 § 22.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.042 Maximum gross weights—Axle and tire
factors. Subject to the maximum gross weights specified in
RCW 46.44.041, it is unlawful to operate any vehicle upon
the public highways with a gross weight, including load,
upon any tire concentrated upon the surface of the highway in
excess of six hundred pounds per inch width of such tire. An
axle manufactured after July 31, 1993, carrying more than ten
thousand pounds gross weight must be equipped with four or
more tires. Effective January 1, 1997, an axle carrying more
than ten thousand pounds gross weight must have four or
more tires, regardless of date of manufacture. Instead of the
four or more tires per axle requirements of this section, an
axle may be equipped with two tires limited to five hundred
pounds per inch width of tire. This section does not apply to
vehicles operating under oversize or overweight permits, or
both, issued under RCW 46.44.090, while carrying a nonreducible load.
The following equipment may operate at six hundred
pounds per inch width of tire: (1) A nonliftable steering axle
or axles on the power unit; (2) a tiller axle on fire fighting
apparatus; (3) a rear booster trailing axle equipped with two
tires on a ready-mix concrete transit truck; and (4) a straddle
trailer manufactured before January 1, 1996, equipped with
single-tire axles or a single axle using a walking beam supported by two in-line single tires and used exclusively for the
transport of fruit bins between field, storage, and processing.
A straddle trailer manufactured after January 1, 1996, meet46.44.042
(2004 Ed.)
46.44.047
ing this use criteria may carry five hundred fifteen pounds per
inch width of tire on sixteen and one-half inch wide tires.
For the purpose of this section, the width of tire in case
of solid rubber or hollow center cushion tires, so long as the
use thereof may be permitted by the law, shall be measured
between the flanges of the rim. For the purpose of this section, the width of tires in case of pneumatic tires shall be the
maximum overall normal inflated width as stipulated by the
manufacturer when inflated to the pressure specified and
without load thereon.
The department of transportation, under rules adopted by
the transportation commission with respect to state highways,
and a local authority, with respect to a public highway under
its jurisdiction, may extend the weight table in RCW
46.44.041 to one hundred fifteen thousand pounds. However,
the extension must be in compliance with federal law, and
vehicles operating under the extension must be in full compliance with the 1997 axle and tire requirements under this
section. [1996 c 116 § 1; 1993 c 103 § 1; 1985 c 351 § 4;
1975-'76 2nd ex.s. c 64 § 10; 1961 c 12 § 46.44.042. Prior:
1959 c 319 § 27; 1951 c 269 § 27; prior: 1949 c 221 § 2, part;
1947 c 200 § 6, part; 1941 c 116 § 2, part; 1937 c 189 § 50,
part; Rem. Supp. 1949 § 6360-50, part; 1929 c 180 § 3, part;
1927 c 309 § 8, part; 1923 c 181 § 4, part; 1921 c 96 § 20,
part; RRS § 6362-8, part.]
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.043
46.44.043 Cement trucks—Axle loading controls.
The switch that controls the raising and lowering of the
retractable rear booster or tag axle on a ready-mix cement
truck may be located within the reach of the driver's compartment as long as the variable control, used to adjust axle loadings by regulating air pressure or by other means, is out of the
reach of the driver's compartment. [1994 c 305 § 1.]
46.44.047 Excess weight—Logging trucks—Special
permits—County or city permits—Fees—Discretion of
arresting officer. A three axle truck tractor and a two axle
pole trailer combination engaged in the operation of hauling
logs may exceed by not more than six thousand eight hundred
pounds the legal gross weight of the combination of vehicles
when licensed, as permitted by law, for sixty-eight thousand
pounds: PROVIDED, That the distance between the first and
last axle of the vehicles in combination shall have a total
wheelbase of not less than thirty-seven feet, and the weight
upon two axles spaced less than seven feet apart shall not
exceed thirty-three thousand six hundred pounds.
Such additional allowances shall be permitted by a special permit to be issued by the department of transportation
valid only on state primary or secondary highways authorized
by the department and under such rules, regulations, terms,
and conditions prescribed by the department. The fee for such
special permit shall be fifty dollars for a twelve-month period
beginning and ending on April 1st of each calendar year. Permits may be issued at any time, but if issued after July 1st of
any year the fee shall be thirty-seven dollars and fifty cents.
If issued on or after October 1st the fee shall be twenty-five
dollars, and if issued on or after January 1st the fee shall be
twelve dollars and fifty cents. A copy of such special permit
covering the vehicle involved shall be carried in the cab of
46.44.047
[Title 46 RCW—page 173]
46.44.049
Title 46 RCW: Motor Vehicles
the vehicle at all times. Upon the third offense within the
duration of the permit for violation of the terms and conditions of the special permit, the special permit shall be canceled. The vehicle covered by such canceled special permit
shall not be eligible for a new special permit until thirty days
after the cancellation of the special permit issued to said vehicle. The fee for such renewal shall be at the same rate as set
forth in this section which covers the original issuance of
such special permit. Each special permit shall be assigned to
a three-axle truck tractor in combination with a two-axle pole
trailer. When the department issues a duplicate permit to
replace a lost or destroyed permit and where the department
transfers a permit, a fee of fourteen dollars shall be charged
for each such duplicate issued or each such transfer.
All fees collected hereinabove shall be deposited with
the state treasurer and credited to the motor vehicle fund.
Permits involving city streets or county roads or using
city streets or county roads to reach or leave state highways,
authorized for permit by the department may be issued by the
city or county or counties involved. A fee of five dollars for
such city or county permit may be assessed by the city or by
the county legislative authority which shall be deposited in
the city or county road fund. The special permit provided for
herein shall be known as a "log tolerance permit" and shall
designate the route or routes to be used, which shall first be
approved by the city or county engineer involved. Authorization of additional route or routes may be made at the discretion of the city or county by amending the original permit or
by issuing a new permit. Said permits shall be issued on a
yearly basis expiring on March 31st of each calendar year.
Any person, firm, or corporation who uses any city street or
county road for the purpose of transporting logs with weights
authorized by state highway log tolerance permits, to reach or
leave a state highway route, without first obtaining a city or
county permit when required by the city or the county legislative authority shall be subject to the penalties prescribed by
RCW 46.44.105. For the purpose of determining gross
weight the actual scale weight taken by the officer shall be
prima facie evidence of such total gross weight. In the event
the gross weight is in excess of the weight permitted by law,
the officer may, within his discretion, permit the operator to
proceed with his vehicles in combination.
The chief of the state patrol, with the advice of the
department, may make reasonable rules and regulations to aid
in the enforcement of the provisions of this section. [1994 c
172 § 1; 1979 ex.s. c 136 § 74; 1975-'76 2nd ex.s. c 64 § 11;
1973 1st ex.s. c 150 § 2; 1971 ex.s. c 249 § 2; 1961 ex.s. c 21
§ 35; 1961 c 12 § 46.44.047. Prior: 1955 c 384 § 19; 1953 c
254 § 10; 1951 c 269 § 31.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
highways or the construction of test strips including natural
resource roads to the end that a proper solution of the many
problems connected with the imposition on highways of
motor vehicle weights may be determined.
The studies may include the determination of values to
be assigned various highway-user groups according to their
gross weight or use. [1984 c 7 § 54; 1961 c 12 § 46.44.049.
Prior: 1951 c 269 § 47.]
Severability—1984 c 7: See note following RCW 47.01.141.
46.44.050
46.44.050 Minimum length of wheelbase. It shall be
unlawful to operate any vehicle upon public highways with a
wheelbase between any two axles thereof of less than three
feet, six inches when weight exceeds that allowed for one
axle under RCW 46.44.042 or 46.44.041. It shall be unlawful
to operate any motor vehicle upon the public highways of this
state with a wheelbase between the frontmost axle and the
rearmost axle of less than three feet, six inches: PROVIDED,
That the minimum wheelbase for mopeds is thirty-eight
inches.
For the purposes of this section, wheelbase shall be measured upon a straight line from center to center of the vehicle
axles designated. [1979 ex.s. c 213 § 7; 1975-'76 2nd ex.s. c
64 § 12; 1961 c 12 § 46.44.050. Prior: 1941 c 116 § 3; 1937
c 189 § 51; Rem. Supp. 1941 § 6360-51; 1929 c 180 § 3, part;
1927 c 309 § 8, part; 1923 c 181 § 4, part; RRS § 6362-8,
part.]
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.060
46.44.060 Outside load limits for passenger vehicles.
No passenger type vehicle shall be operated on any public
highway with any load carried thereon extending beyond the
line of the fenders on the left side of such vehicle nor extending more than six inches beyond the line of the fenders on the
right side thereof. [1961 c 12 § 46.44.060. Prior: 1937 c 189
§ 52; RRS § 6360-52; 1929 c 180 § 5, part; 1927 c 309 § 10,
part; RRS § 6362-10, part.]
46.44.070
46.44.070 Drawbar requirements—Trailer whipping
or weaving—Towing flag. The drawbar or other connection
between vehicles in combination shall be of sufficient
strength to hold the weight of the towed vehicle on any grade
where operated. No trailer shall whip, weave or oscillate or
fail to follow substantially in the course of the towing vehicle. When a disabled vehicle is being towed by means of bar,
chain, rope, cable or similar means and the distance between
the towed vehicle and the towing vehicle exceeds fifteen feet
there shall be fastened on such connection in approximately
the center thereof a white flag or cloth not less than twelve
inches square. [1961 c 12 § 46.44.070. Prior: 1937 c 189 §
53; RRS § 6360-53; 1929 c 180 § 5, part; 1927 c 309 § 10,
part; RRS § 6362-10, part; 1923 c 181 § 4, part.]
46.44.049
46.44.049 Effect of weight on highways—Study
authorized. The department of transportation may make and
enter into agreements with the federal government or any
state or group of states or agencies thereof, or any nonprofit
association, on a joint or cooperative basis, to study, analyze,
or test the effects of weight on highway construction. The
studies or tests may be made either by designating existing
[Title 46 RCW—page 174]
46.44.080
46.44.080 Local regulations—State highway regulations. Local authorities with respect to public highways
under their jurisdiction may prohibit the operation thereon of
motor trucks or other vehicles or may impose limits as to the
weight thereof, or any other restrictions as may be deemed
necessary, whenever any such public highway by reason of
(2004 Ed.)
Size, Weight, Load
rain, snow, climatic or other conditions, will be seriously
damaged or destroyed unless the operation of vehicles
thereon be prohibited or restricted or the permissible weights
thereof reduced: PROVIDED, That whenever a highway has
been closed generally to vehicles or specified classes of vehicles, local authorities shall by general rule or by special permit authorize the operation thereon of school buses, emergency vehicles, and motor trucks transporting perishable
commodities or commodities necessary for the health and
welfare of local residents under such weight and speed
restrictions as the local authorities deem necessary to protect
the highway from undue damage: PROVIDED FURTHER,
That the governing authorities of incorporated cities and
towns shall not prohibit the use of any city street designated
by the transportation commission as forming a part of the
route of any primary state highway through any such incorporated city or town by vehicles or any class of vehicles or
impose any restrictions or reductions in permissible weights
unless such restriction, limitation, or prohibition, or reduction
in permissible weights be first approved in writing by the
department of transportation.
The local authorities imposing any such restrictions or
limitations, or prohibiting any use or reducing the permissible
weights shall do so by proper ordinance or resolution and
shall erect or cause to be erected and maintained signs designating the provisions of the ordinance or resolution in each
end of the portion of any public highway affected thereby,
and no such ordinance or resolution shall be effective unless
and until such signs are erected and maintained.
The department shall have the same authority as hereinabove granted to local authorities to prohibit or restrict the
operation of vehicles upon state highways. The department
shall give public notice of closure or restriction. The department may issue special permits for the operation of school
buses and motor trucks transporting perishable commodities
or commodities necessary for the health and welfare of local
residents under specified weight and speed restrictions as
may be necessary to protect any state highway from undue
damage. [1977 ex.s. c 151 § 29; 1973 2nd ex.s. c 15 § 1; 1961
c 12 § 46.44.080. Prior: 1937 c 189 § 54; RRS § 6360-54.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Highway and street closures authorized—Notice: Chapter 47.48 RCW.
46.44.090
46.44.090 Special permits for oversize or overweight
movements. The department of transportation, pursuant to
rules adopted by the transportation commission with respect
to state highways, and local authorities, with respect to public
highways under their jurisdiction, may, upon application in
writing and good cause being shown therefor, issue a special
permit in writing, or electronically, authorizing the applicant
to operate or move a vehicle or combination of vehicles of a
size, weight of vehicle, or load exceeding the maximum set
forth in RCW 46.44.010, 46.44.020, 46.44.030, 46.44.034,
and 46.44.041 upon any public highway under the jurisdiction of the authority granting such permit and for the maintenance of which such authority is responsible. [2001 c 262 §
1; 1977 ex.s. c 151 § 30; 1975-'76 2nd ex.s. c 64 § 13; 1961 c
12 § 46.44.090. Prior: 1951 c 269 § 34; prior: 1949 c 221 §
(2004 Ed.)
46.44.091
3, part; 1947 c 200 § 7, part; 1945 c 177 § 1, part; 1937 c 189
§ 55, part; Rem. Supp. 1949 § 6360-55, part.]
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.091
46.44.091 Special permits—Gross weight limit. (1)
Except as otherwise provided in subsections (3) and (4) of
this section, no special permit shall be issued for movement
on any state highway or route of a state highway within the
limits of any city or town where the gross weight, including
load, exceeds the following limits:
(a) Twenty-two thousand pounds on a single axle or on
dual axles with a wheelbase between the first and second
axles of less than three feet six inches;
(b) Forty-three thousand pounds on dual axles having a
wheelbase between the first and second axles of not less than
three feet six inches but less than seven feet;
(c) On any group of axles or in the case of a vehicle
employing two single axles with a wheel base between the
first and last axle of not less than seven feet but less than ten
feet, a weight in pounds determined by multiplying six thousand five hundred times the distance in feet between the center of the first axle and the center of the last axle of the group;
(d) On any group of axles with a wheel base between the
first and last axle of not less than ten feet but less than thirty
feet, a weight in pounds determined by multiplying two thousand two hundred times the sum of twenty and the distance in
feet between the center of the first axle and the center of the
last axle of the group;
(e) On any group of axles with a wheel base between the
first and last axle of thirty feet or greater, a weight in pounds
determined by multiplying one thousand six hundred times
the sum of forty and the distance in feet between the center of
the first axle and the center of the last axle of the group.
(2) The total weight of a vehicle or combination of vehicles allowable by special permit under subsection (1) of this
section shall be governed by the lesser of the weights
obtained by using the total number of axles as a group or any
combination of axles as a group.
(3) The weight limitations pertaining to single axles may
be exceeded to permit the movement of equipment operating
upon single pneumatic tires having a rim width of twenty
inches or more and a rim diameter of twenty-four inches or
more or dual pneumatic tires having a rim width of sixteen
inches or more and a rim diameter of twenty-four inches or
more and specially designed vehicles manufactured and certified for special permits prior to July 1, 1975.
(4) Permits may be issued for weights in excess of the
limitations contained in subsection (1) of this section on
highways or sections of highways which have been designed
and constructed for weights in excess of such limitations, or
for any shipment duly certified as necessary by military officials, or by officials of public or private power facilities, or
when in the opinion of the department of transportation the
movement or action is a necessary movement or action:
PROVIDED, That in the judgment of the department of
transportation the structures and highway surfaces on the
routes involved are capable of sustaining weights in excess of
such limitations and it is not reasonable for economic or oper[Title 46 RCW—page 175]
46.44.092
Title 46 RCW: Motor Vehicles
ational considerations to transport such excess weights by rail
or water for any substantial distance of the total mileage
applied for.
(5) Application shall be made in writing on special forms
provided by the department of transportation and shall be
submitted at least thirty-six hours in advance of the proposed
movement. An application for a special permit for a gross
weight of any combination of vehicles exceeding two hundred thousand pounds shall be submitted in writing to the
department of transportation at least thirty days in advance of
the proposed movement. [2001 c 262 § 2; 1989 c 52 § 1;
1977 ex.s. c 151 § 31; 1975-'76 2nd ex.s. c 64 § 14; 1975 1st
ex.s. c 168 § 1; 1969 ex.s. c 281 § 30; 1961 c 12 § 46.44.091.
Prior: 1959 c 319 § 28; 1953 c 254 § 12; 1951 c 269 § 35;
prior: 1949 c 221 § 3, part; 1947 c 200 § 7, part; 1945 c 177
§ 1, part; 1937 c 189 § 55, part; Rem. Supp. 1949 § 6360-55,
part.]
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
Effective date—1975 1st ex.s. c 168: "This 1973 [1975] amendatory
act is necessary for the immediate preservation of the public peace, health,
and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 168 § 4.]
46.44.092
46.44.092 Special permits—Overall width limits,
exceptions—Application for permit. Special permits may
not be issued for movements on any state highway outside the
limits of any city or town in excess of the following widths:
On two-lane highways, fourteen feet;
On multiple-lane highways where a physical barrier
serving as a median divider separates opposing traffic lanes,
twenty feet;
On multiple-lane highways without a physical barrier
serving as a median divider, thirty-two feet.
These limits apply except under the following conditions:
(1) In the case of buildings, the limitations referred to in
this section for movement on any two lane state highway
other than the national system of interstate and defense highways may be exceeded under the following conditions: (a)
Controlled vehicular traffic shall be maintained in one direction at all times; (b) the maximum distance of movement
shall not exceed five miles; additional contiguous permits
shall not be issued to exceed the five-mile limit: PROVIDED, That when the department of transportation, pursuant to general rules adopted by the transportation commission, determines a hardship would result, this limitation may
be exceeded upon approval of the department of transportation; (c) prior to issuing a permit a qualified transportation
department employee shall make a visual inspection of the
building and route involved determining that the conditions
listed herein shall be complied with and that structures or
overhead obstructions may be cleared or moved in order to
maintain a constant and uninterrupted movement of the
building; (d) special escort or other precautions may be
imposed to assure movement is made under the safest possible conditions, and the Washington state patrol shall be
advised when and where the movement is to be made;
[Title 46 RCW—page 176]
(2) Permits may be issued for widths of vehicles in
excess of the preceding limitations on highways or sections
of highways which have been designed and constructed for
width in excess of such limitations;
(3) Permits may be issued for vehicles with a total outside width, including the load, of nine feet or less when the
vehicle is equipped with a mechanism designed to cover the
load pursuant to RCW 46.61.655;
(4) These limitations may be rescinded when certification is made by military officials, or by officials of public or
private power facilities, or when in the opinion of the department of transportation the movement or action is a necessary
movement or action: PROVIDED FURTHER, That in the
judgment of the department of transportation the structures
and highway surfaces on the routes involved are capable of
sustaining widths in excess of such limitation;
(5) These limitations shall not apply to movement during
daylight hours on any two lane state highway where the gross
weight, including load, does not exceed eighty thousand
pounds and the overall width of load does not exceed sixteen
feet: PROVIDED, That the minimum and maximum speed
of such movements, prescribed routes of such movements,
the times of such movements, limitation upon frequency of
trips (which limitation shall be not less than one per week),
and conditions to assure safety of traffic may be prescribed
by the department of transportation or local authority issuing
such special permit.
The applicant for any special permit shall specifically
describe the vehicle or vehicles and load to be operated or
moved and the particular state highways for which permit to
operate is requested and whether such permit is requested for
a single trip or for continuous operation. [1989 c 398 § 2;
1981 c 63 § 1; 1977 ex.s. c 151 § 32; 1975-'76 2nd ex.s. c 64
§ 15; 1970 ex.s. c 9 § 1; 1969 ex.s. c 281 § 60; 1965 ex.s. c
170 § 39; 1963 ex.s. c 3 § 54; 1961 c 12 § 46.44.092. Prior:
1959 c 319 § 29; 1955 c 146 § 2; 1951 c 269 § 36; prior: 1949
c 221 § 3, part; 1947 c 200 § 7, part; 1945 c 177 § 1, part;
1937 c 189 § 55, part; Rem. Supp. 1949 § 6360-55, part.]
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.093
46.44.093 Special permits—Discretion of issuer—
Conditions. The department of transportation or the local
authority is authorized to issue or withhold such special permit at its discretion, although where a mobile home is being
moved, the verification of a valid license under chapter 46.70
RCW as a mobile home dealer or manufacturer, or under
chapter 46.76 RCW as a transporter, shall be done by the
department or local government. If the permit is issued, the
department or local authority may limit the number of trips,
establish seasonal or other time limitations within which the
vehicle described may be operated on the public highways
indicated, or otherwise limit or prescribe conditions of operation of the vehicle or vehicles when necessary to assure
against undue damage to the road foundation, surfaces, or
structures or safety of traffic and may require such undertaking or other security as may be deemed necessary to compensate for injury to any roadway or road structure. [1988 c 239
§ 3; 1984 c 7 § 55; 1961 c 12 § 46.44.093. Prior: 1951 c 269
(2004 Ed.)
Size, Weight, Load
§ 37; prior: 1949 c 221 § 3, part; 1947 c 200 § 7, part; 1945
c 177 § 1, part; 1937 c 189 § 55, part; Rem. Supp. 1949 §
6360-55, part.]
Severability—1984 c 7: See note following RCW 47.01.141.
46.44.0941
46.44.0941 Special permits—Fees. The following
fees, in addition to the regular license and tonnage fees, shall
be paid for all movements under special permit made upon
state highways. All funds collected, except the amount
retained by authorized agents of the department as provided
in RCW 46.44.096, shall be forwarded to the state treasury
and shall be deposited in the motor vehicle fund:
All overlegal loads, except overweight, single
trip . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10.00
Continuous operation of overlegal loads
having either overwidth or overheight
features only, for a period not to exceed
thirty days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 20.00
Continuous operations of overlegal loads
having overlength features only, for a
period not to exceed thirty days . . . . . . . . . . . . .$ 10.00
Continuous operation of a combination of
vehicles having one trailing unit that
exceeds fifty-three feet and is not
more than fifty-six feet in length, for
a period of one year. . . . . . . . . . . . . . . . . . . . . . $ 100.00
Continuous operation of a combination of
vehicles having two trailing units
which together exceed sixty-one feet and
are not more than sixty-eight feet in
length, for a period of one year . . . . . . . . . . . . . $ 100.00
Continuous operation of a three-axle fixed
load vehicle having less than 65,000
pounds gross weight, for a period not
to exceed thirty days . . . . . . . . . . . . . . . . . . . . . .$ 70.00
Continuous operation of a four-axle fixed load
vehicle meeting the requirements of
RCW 46.44.091(1) and weighing less than
86,000 pounds gross weight, not to exceed
thirty days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 90.00
Continuous movement of a mobile home or manufactured
home having nonreducible features not to
exceed eighty-five feet in total length and
fourteen feet in width, for a period of
one year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150.00
Continuous operation of a class C tow truck or a
class E tow truck with a class C rating while
performing emergency and nonemergency tows of
oversize or overweight, or both, vehicles and
vehicle combinations, under rules adopted by the
transportation commission, for a period of
one year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150.00
Continuous operation of a class B tow truck or a
class E tow truck with a class B rating while
performing emergency and nonemergency tows of
oversize or overweight, or both, vehicles and
vehicle combinations, under rules adopted by the
transportation commission, for a period of
one year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75.00
Continuous operation of a two or three-axle
(2004 Ed.)
46.44.0941
collection truck, actually engaged in the
collection of solid waste or recyclables,
or both, under chapter 81.77 or 35.21 RCW
or by contract under RCW 36.58.090, for
one year with an additional six thousand
pounds more than the weight authorized in
RCW 46.16.070 on the rear axle of a two-axle
truck or eight thousand pounds for the tandem
axles of a three-axle truck. RCW 46.44.041
and 46.44.091 notwithstanding, the tire limits
specified in RCW 46.44.042 apply, but none of
the excess weight is valid or may be permitted
on any part of the federal interstate highway
system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 42.00
per thousand pounds
The department may issue any of the above-listed permits that involve height, length, or width for an expanded
period of consecutive months, not to exceed one year.
Continuous operation of farm implements under a permit
issued as authorized by RCW 46.44.140 by:
(1) Farmers in the course of farming activities,
for any three-month period . . . . . . . . . . . . . . . . .$ 10.00
(2) Farmers in the course of farming activities,
for a period not to exceed one year. . . . . . . . . . .$ 25.00
(3) Persons engaged in the business of the
sale, repair, or maintenance of such
farm implements, for any three-month period . .$ 25.00
(4) Persons engaged in the business of the
sale, repair, or maintenance of such
farm implements, for a period not to
exceed one year. . . . . . . . . . . . . . . . . . . . . . . . . $ 100.00
Overweight Fee Schedule
Excess weight over legal capacity,
as provided in RCW 46.44.041.
Cost per mile.
0- 9,999 pounds . . . . . . . . . . . . . . . . .
10,000-14,999 pounds . . . . . . . . . . . . . . . . .
15,000-19,999 pounds . . . . . . . . . . . . . . . . .
20,000-24,999 pounds . . . . . . . . . . . . . . . . .
25,000-29,999 pounds . . . . . . . . . . . . . . . . .
30,000-34,999 pounds . . . . . . . . . . . . . . . . .
35,000-39,999 pounds . . . . . . . . . . . . . . . . .
40,000-44,999 pounds . . . . . . . . . . . . . . . . .
45,000-49,999 pounds . . . . . . . . . . . . . . . . .
50,000-54,999 pounds . . . . . . . . . . . . . . . . .
55,000-59,999 pounds . . . . . . . . . . . . . . . . .
60,000-64,999 pounds . . . . . . . . . . . . . . . . .
65,000-69,999 pounds . . . . . . . . . . . . . . . . .
70,000-74,999 pounds . . . . . . . . . . . . . . . . .
75,000-79,999 pounds . . . . . . . . . . . . . . . . .
80,000-84,999 pounds . . . . . . . . . . . . . . . . .
85,000-89,999 pounds . . . . . . . . . . . . . . . . .
90,000-94,999 pounds . . . . . . . . . . . . . . . . .
95,000-99,999 pounds . . . . . . . . . . . . . . . . .
100,000 pounds . . . . . . . . . . . . . . . . .
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
.07
.14
.21
.28
.35
.49
.63
.79
.93
1.14
1.35
1.56
1.77
2.12
2.47
2.82
3.17
3.52
3.87
4.25
The fee for weights in excess of 100,000 pounds is $4.25 plus
fifty cents for each 5,000 pound increment or portion thereof
exceeding 100,000 pounds.
[Title 46 RCW—page 177]
46.44.095
Title 46 RCW: Motor Vehicles
PROVIDED: (a) The minimum fee for any overweight permit shall be $14.00, (b) the fee for issuance of a duplicate permit shall be $14.00, (c) when computing overweight fees prescribed in this section or in RCW 46.44.095 that result in an
amount less than even dollars the fee shall be carried to the
next full dollar if fifty cents or over and shall be reduced to
the next full dollar if forty-nine cents or under.
The fees levied in this section and RCW 46.44.095 do
not apply to vehicles owned and operated by the state of
Washington, a county within the state, a city or town or metropolitan municipal corporation within the state, or the federal government. [2004 c 109 § 1; 1995 c 171 § 2. Prior:
1994 c 172 § 2; 1994 c 59 § 1; 1993 c 102 § 4; 1990 c 42 §
107; 1989 c 398 § 1; 1985 c 351 § 5; 1983 c 278 § 3; 1979
ex.s. c 113 § 5; 1975-'76 2nd ex.s. c 64 § 16; 1975 1st ex.s. c
168 § 2; 1973 1st ex.s. c 1 § 3; 1971 ex.s. c 248 § 3; 1967 c
174 § 8; 1965 c 137 § 2.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
Effective date—1975 1st ex.s. c 168: See note following RCW
46.44.091.
46.44.095
46.44.095 Temporary additional tonnage permits—
Fees. When a combination of vehicles has been licensed to a
total gross weight of 80,000 pounds or when a three or more
axle single unit vehicle has been licensed to a total gross
weight of 40,000 pounds, a temporary additional tonnage
permit to haul loads in excess of these limits may be issued.
This permit is valid for periods of not less than five days at
two dollars and eighty cents per day for each two thousand
pounds or fraction thereof. The fee may not be prorated. The
permits shall authorize the movement of loads not exceeding
the weight limits set forth in RCW 46.44.041 and 46.44.042.
[1993 c 102 § 5; 1990 c 42 § 108; 1989 c 398 § 3; 1988 c 55
§ 1; 1983 c 68 § 2; 1979 c 158 § 159; 1977 ex.s. c 151 § 33;
1975-'76 2nd ex.s. c 64 § 17; 1974 ex.s. c 76 § 1; 1973 1st
ex.s. c 150 § 3; 1969 ex.s. c 281 § 55; 1967 ex.s. c 94 § 15;
1967 c 32 § 51; 1965 ex.s. c 170 § 38; 1961 ex.s. c 7 § 15;
1961 c 12 § 46.44.095. Prior: 1959 c 319 § 31; 1957 c 273 §
18; 1955 c 185 § 1; 1953 c 254 § 13; 1951 c 269 § 39; prior:
1949 c 221 § 3, part; 1947 c 200 § 7, part; 1945 c 177 § 1,
part; 1937 c 189 § 55, part; Rem. Supp. 1949 § 6360-55,
part.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.096
46.44.096 Special permits—Determining fee—To
whom paid. In determining fees according to RCW
46.44.0941, mileage on state primary and secondary highways shall be determined from the planning survey records of
the department of transportation, and the gross weight of the
[Title 46 RCW—page 178]
vehicle or vehicles, including load, shall be declared by the
applicant. Overweight on which fees shall be paid will be
gross loadings in excess of loadings authorized by law or axle
loadings in excess of loadings authorized by law, whichever
is the greater. Loads which are overweight and oversize shall
be charged the fee for the overweight permit without additional fees being assessed for the oversize features.
Special permits issued under RCW 46.44.047,
46.44.0941, or 46.44.095, may be obtained from offices of
the department of transportation, ports of entry, or other
agents appointed by the department.
The department may appoint agents for the purposes of
selling special motor vehicle permits, temporary additional
tonnage permits, and log tolerance permits. Agents so
appointed may retain three dollars and fifty cents for each
permit sold to defray expenses incurred in handling and selling the permits. If the fee is collected by the department of
transportation, the department shall certify the fee so collected to the state treasurer for deposit to the credit of the
motor vehicle fund.
The department may select a third party contractor, by
means of competitive bid, to perform the department's permit
issuance function, as provided under RCW 46.44.090. Factors the department shall consider, but is not limited to, in the
selection of a third party contractor are economic benefit to
both the department and the motor carrier industry, and
enhancement of the overall level of permit service. For purposes of this section, "third party contractor" means a business entity that is authorized by the department to issue special permits. The transportation commission may adopt rules
specifying the criteria that a business entity must meet in
order to qualify as a third party contractor under this section.
Fees established in RCW 46.44.0941 shall be paid to the
political body issuing the permit if the entire movement is to
be confined to roads, streets, or highways for which that
political body is responsible. When a movement involves a
combination of state highways, county roads, and/or city
streets the fee shall be paid to the state department of transportation. When a movement is confined within the city limits of a city or town upon city streets, including routes of state
highways on city streets, all fees shall be paid to the city or
town involved. A permit will not be required from city or
town authorities for a move involving a combination of city
or town streets and state highways when the move through a
city or town is being confined to the route of the state highway. When a move involves a combination of county roads
and city streets the fee shall be paid to the county authorities,
but the fee shall not be collected nor the county permit issued
until valid permits are presented showing that the city or town
authorities approve of the move in question. When the movement involves only county roads the fees collected shall be
paid to the county involved. Fees established shall be paid to
the political body issuing the permit if the entire use of the
vehicle during the period covered by the permit shall be confined to the roads, streets, or highways for which that political
body is responsible. [1996 c 92 § 1; 1993 c 102 § 6; 1989 c
398 § 4; 1984 c 7 § 56; 1975-'76 2nd ex.s. c 64 § 18; 1971
ex.s. c 248 § 4; 1969 ex.s. c 281 § 31; 1961 c 12 § 46.44.096.
Prior: 1955 c 185 § 2; 1951 c 269 § 40; prior: 1949 c 221 §
3, part; 1947 c 200 § 7, part; 1945 c 177 § 1, part; 1937 c 189
§ 55, part; Rem. Supp. 1949 § 6360-55, part.]
(2004 Ed.)
Size, Weight, Load
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070.
Severability—1984 c 7: See note following RCW 47.01.141.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.098
46.44.098 Increase in federal limits on sizes and
weights—Increases by commission. If the congress of the
United States further amends section 127, Title 23 of the
United States Code, authorizing increased sizes and weights,
the Washington state department of transportation may
authorize the operation of vehicles and combinations of vehicles upon completed portions of the interstate highway system and other designated state highways if determined to be
capable of accommodating the increased sizes and weights in
excess of those prescribed in RCW 46.44.041, or as provided
in RCW 46.44.010 and 46.44.037. The permitted increases
shall not in any way exceed the federal limits which would
jeopardize the state's allotment of federal funds. [1984 c 7 §
57; 1975-'76 2nd ex.s. c 64 § 19; 1965 c 38 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.105
46.44.105 Enforcement procedures—Penalties—
Rules. (1) Violation of any of the provisions of this chapter
is a traffic infraction, and upon the first finding thereof shall
be assessed a basic penalty of not less than fifty dollars; and
upon a second finding thereof shall be assessed a basic penalty of not less than seventy-five dollars; and upon a third or
subsequent finding shall be assessed a basic penalty of not
less than one hundred dollars.
(2) In addition to the penalties imposed in subsection (1)
of this section, any person violating RCW 46.44.041,
46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095
shall be assessed a penalty for each pound overweight, as follows:
(a) One pound through four thousand pounds overweight
is three cents for each pound;
(b) Four thousand one pounds through ten thousand
pounds overweight is one hundred twenty dollars plus twelve
cents per pound for each additional pound over four thousand
pounds overweight;
(c) Ten thousand one pounds through fifteen thousand
pounds overweight is eight hundred forty dollars plus sixteen
cents per pound for each additional pound over ten thousand
pounds overweight;
(d) Fifteen thousand one pounds through twenty thousand pounds overweight is one thousand six hundred forty
dollars plus twenty cents per pound for each additional pound
over fifteen thousand pounds overweight;
(e) Twenty thousand one pounds and more is two thousand six hundred forty dollars plus thirty cents per pound for
each additional pound over twenty thousand pounds overweight.
Upon a first violation in any calendar year, the court may
suspend the penalty for five hundred pounds of excess weight
for each axle on any vehicle or combination of vehicles, not
to exceed a two thousand pound suspension. In no case may
the basic penalty assessed in subsection (1) of this section or
(2004 Ed.)
46.44.105
the additional penalty assessed in subsection (2) of this section, except as provided for the first violation, be suspended.
(3) Whenever any vehicle or combination of vehicles is
involved in two violations of RCW 46.44.041, 46.44.042,
46.44.047, 46.44.090, 46.44.091, or 46.44.095 during any
twelve-month period, the court may suspend the certificate of
license registration of the vehicle or combination of vehicles
for not less than thirty days. Upon a third or succeeding violation in any twelve-month period, the court shall suspend the
certificate of license registration for not less than thirty days.
Whenever the certificate of license registration is suspended,
the court shall secure such certificate and immediately forward the same to the director with information concerning
the suspension.
(4) Any person found to have violated any posted limitations of a highway or section of highway shall be assessed a
monetary penalty of not less than one hundred and fifty dollars, and the court shall in addition thereto upon second violation within a twelve-month period involving the same
power unit, suspend the certificate of license registration for
not less than thirty days.
(5) It is unlawful for the driver of a vehicle to fail or
refuse to stop and submit the vehicle and load to a weighing,
or to fail or refuse, when directed by an officer upon a weighing of the vehicle to stop the vehicle and otherwise comply
with the provisions of this section. It is unlawful for a driver
of a commercial motor vehicle as defined in RCW 46.32.005,
other than the driver of a bus as defined in RCW 46.32.005(2)
or a vehicle with a gross vehicle or combination weight not
over sixteen thousand pounds and not transporting hazardous
materials in accordance with RCW 46.32.005(3), to fail or
refuse to stop at a weighing station when proper traffic control signs indicate scales are open. However, unladen tow
trucks regardless of weight and farm vehicles carrying farm
produce with a gross vehicle or combination weight not over
twenty-six thousand pounds may fail or refuse to stop at a
weighing station when proper traffic control signs indicate
scales are open.
Any police officer is authorized to require the driver of
any vehicle or combination of vehicles to stop and submit to
a weighing either by means of a portable or stationary scale
and may require that the vehicle be driven to the nearest public scale. Whenever a police officer, upon weighing a vehicle
and load, determines that the weight is unlawful, the officer
may require the driver to stop the vehicle in a suitable location and remain standing until such portion of the load is
removed as may be necessary to reduce the gross weight of
the vehicle to the limit permitted by law. If the vehicle is
loaded with grain or other perishable commodities, the driver
shall be permitted to proceed without removing any of the
load, unless the gross weight of the vehicle and load exceeds
by more than ten percent the limit permitted by this chapter.
The owner or operator of the vehicle shall care for all materials unloaded at the risk of the owner or operator.
Any vehicle whose driver or owner represents that the
vehicle is disabled or otherwise unable to proceed to a weighing location shall have its load sealed or otherwise marked by
any police officer. The owner or driver shall be directed that
upon completion of repairs, the vehicle shall submit to
weighing with the load and markings and/or seal intact and
undisturbed. Failure to report for weighing, appearing for
[Title 46 RCW—page 179]
46.44.110
Title 46 RCW: Motor Vehicles
weighing with the seal broken or the markings disturbed, or
removal of any cargo prior to weighing is unlawful. Any person so convicted shall be fined one thousand dollars, and in
addition the certificate of license registration shall be suspended for not less than thirty days.
(6) Any other provision of law to the contrary notwithstanding, district courts having venue have concurrent jurisdiction with the superior courts for the imposition of any penalties authorized under this section.
(7) For the purpose of determining additional penalties
as provided by subsection (2) of this section, "overweight"
means the poundage in excess of the maximum allowable
gross weight or axle/axle grouping weight prescribed by
RCW 46.44.041, 46.44.042, 46.44.047, 46.44.091, and
46.44.095.
(8) The penalties provided in subsections (1) and (2) of
this section shall be remitted as provided in chapter 3.62
RCW or RCW 10.82.070. For the purpose of computing the
basic penalties and additional penalties to be imposed under
subsections (1) and (2) of this section, the convictions shall
be on the same vehicle or combination of vehicles within a
twelve-month period under the same ownership.
(9) Any state patrol officer or any weight control officer
who finds any person operating a vehicle or a combination of
vehicles in violation of the conditions of a permit issued
under RCW 46.44.047, 46.44.090, and 46.44.095 may confiscate the permit and forward it to the state department of
transportation which may return it to the permittee or revoke,
cancel, or suspend it without refund. The department of transportation shall keep a record of all action taken upon permits
so confiscated, and if a permit is returned to the permittee the
action taken by the department of transportation shall be
endorsed thereon. Any permittee whose permit is suspended
or revoked may upon request receive a hearing before the
department of transportation or person designated by that
department. After the hearing the department of transportation may reinstate any permit or revise its previous action.
Every permit issued as provided for in this chapter shall
be carried in the vehicle or combination of vehicles to which
it refers and shall be open to inspection by any law enforcement officer or authorized agent of any authority granting
such a permit.
Upon the third finding within a calendar year of a violation of the requirements and conditions of a permit issued
under RCW 46.44.095, the permit shall be canceled, and the
canceled permit shall be immediately transmitted by the court
or the arresting officer to the department of transportation.
The vehicle covered by the canceled permit is not eligible for
a new permit for a period of thirty days.
(10) For the purposes of determining gross weights the
actual scale weight taken by the arresting officer is prima
facie evidence of the total gross weight.
(11) It is a traffic infraction to direct the loading of a
vehicle with knowledge that it violates the requirements in
RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090,
46.44.091, or 46.44.095 and that it is to be operated on the
public highways of this state.
(12) The chief of the state patrol, with the advice of the
department, may adopt reasonable rules to aid in the enforcement of this section. [2002 c 254 § 1; 1999 c 23 § 1; 1996 c
92 § 2; 1993 c 403 § 4; 1990 c 217 § 1; 1985 c 351 § 6; 1984
[Title 46 RCW—page 180]
c 258 § 327; 1984 c 7 § 58; 1979 ex.s. c 136 § 75; 1975-'76
2nd ex.s. c 64 § 23.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Severability—1984 c 7: See note following RCW 47.01.141.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
46.44.110
46.44.110 Liability for damage to highways, bridges,
etc. Any person operating any vehicle or moving any object
or conveyance upon any public highway in this state or upon
any bridge or elevated structure that is a part of any such public highway is liable for all damages that the public highway,
bridge, or elevated structure may sustain as a result of any
illegal operation of the vehicle or the moving of any such
object or conveyance or as a result of the operation or moving
of any vehicle, object, or conveyance weighing in excess of
the legal weight limits allowed by law. This section applies to
any person operating any vehicle or moving any object or
contrivance in any illegal or negligent manner or without a
special permit as provided by law for vehicles, objects, or
contrivances that are overweight, overwidth, overheight, or
overlength. Any person operating any vehicle is liable for any
damage to any public highway, bridge, or elevated structure
sustained as the result of any negligent operation thereof.
When the operator is not the owner of the vehicle, object, or
contrivance but is operating or moving it with the express or
implied permission of the owner, the owner and the operator
are jointly and severally liable for any such damage. Such
damage to any state highway or structure may be recovered in
a civil action instituted in the name of the state of Washington
by the department of transportation. Any measure of damage
to any public highway determined by the department of transportation by reason of this section is prima facie the amount
of damage caused thereby and is presumed to be the amount
recoverable in any civil action therefor. [1984 c 7 § 59; 1961
c 12 § 46.44.110. Prior: 1937 c 189 § 57; RRS 6360-57.]
Severability—1984 c 7: See note following RCW 47.01.141.
46.44.120
46.44.120 Liability of owner, others, for violations.
Whenever an act or omission is declared to be unlawful in
chapter 46.44 RCW, the owner or lessee of any motor vehicle
involved in such act or omission is responsible therefor. Any
person knowingly and intentionally participating in creating
an unlawful condition of use, is also subject to the penalties
provided in this chapter for such unlawful act or omission.
If the person operating the vehicle at the time of the
unlawful act or omission is not the owner or lessee of the
vehicle, such person is fully authorized to accept the citation
and execute the promise to appear on behalf of the owner or
lessee. [1980 c 104 § 2; 1971 ex.s. c 148 § 1; 1969 ex.s. c 69
§ 1.]
46.44.130
46.44.130 Farm implements—Gross weight and size
limitation exception—Penalty. The limitations of RCW
46.44.010, 46.44.020, 46.44.030, and 46.44.041 shall not
(2004 Ed.)
Size, Weight, Load
apply to the movement of farm implements of less than fortyfive thousand pounds gross weight, a total length of seventy
feet or less, and a total outside width of fourteen feet or less
when being moved while patrolled, flagged, lighted, signed,
and at a time of day in accordance with rules hereby authorized to be adopted by the department of transportation and
the statutes. Violation of a rule adopted by the department as
authorized by this section or a term of this section is a traffic
infraction. [1979 ex.s. c 136 § 76; 1975-'76 2nd ex.s. c 64 §
20; 1975 1st ex.s. c 168 § 3; 1973 1st ex.s. c 1 § 1.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective dates—Severability—1975-'76 2nd ex.s. c 64: See notes
following RCW 46.16.070.
Effective date—1975 1st ex.s. c 168: See note following RCW
46.44.091.
46.44.140
46.44.140 Farm implements—Special permits—Penalty. In addition to any other special permits authorized by
law, special permits may be issued by the department of
transportation for a quarterly or annual period upon such
terms and conditions as it finds proper for the movement of
(1) farm implements used for the cutting or threshing of
mature crops; or (2) other farm implements that may be identified by rule of the department of transportation. Any farm
implement moved under this section must have a gross
weight less than forty-five thousand pounds and a total outside width of less than twenty feet while being moved, and
such movement must be patrolled, flagged, lighted, signed, at
a time of day, and otherwise in accordance with rules hereby
authorized to be adopted by the department of transportation
for the control of such movements.
Applications for and permits issued under this section
shall provide for a description of the farm implements to be
moved, the approximate dates of movement, and the routes of
movement so far as they are reasonably known to the applicant at the time of application, but the permit shall not be limited to these circumstances but shall be general in its application except as limited by the statutes and rules adopted by the
department of transportation.
A copy of the governing permit shall be carried on the
farm implement being moved during the period of its movement. The department shall collect a fee as provided in RCW
46.44.0941.
Violation of a term or condition under which a permit
was issued, of a rule adopted by the department of transportation as authorized by this section, or of a term of this section
is a traffic infraction. [1984 c 7 § 60; 1979 ex.s. c 136 § 77;
1973 1st ex.s. c 1 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.44.150
46.44.150 Highway improvement vehicles—Gross
weight limit excesses authorized—Limitations. The state,
county, or city authority having responsibility for the reconstruction or improvement of any public highway may, subject
to prescribed conditions and limitations, authorize vehicles
employed in such highway reconstruction or improvement to
exceed the gross weight limitations contained in RCW
46.44.041 and 46.44.042 without a special permit or addi(2004 Ed.)
46.44.170
tional fees as prescribed by chapter 46.44 RCW, but only
while operating within the boundaries of project limits as
defined in the public works contract or plans. [1983 c 3 §
121; 1975 1st ex.s. c 63 § 1.]
46.44.170
46.44.170 Mobile home or park model trailer movement special permit and decal—Responsibility for
taxes—License plates—Rules. (1) Any person moving a
mobile home as defined in RCW 46.04.302 or a park model
trailer as defined in RCW 46.04.622 upon public highways of
the state must obtain a special permit from the department of
transportation and local authorities pursuant to RCW
46.44.090 and 46.44.093 and shall pay the proper fee as prescribed by RCW 46.44.0941 and 46.44.096.
(2) A special permit issued as provided in subsection (1)
of this section for the movement of any mobile home or a
park model trailer that is assessed for purposes of property
taxes shall not be valid until the county treasurer of the
county in which the mobile home or park model trailer is
located shall endorse or attach his or her certificate that all
property taxes which are a lien or which are delinquent, or
both, upon the mobile home or park model trailer being
moved have been satisfied. Further, any mobile home or park
model trailer required to have a special movement permit
under this section shall display an easily recognizable decal.
However, endorsement or certification by the county treasurer and the display of the decal is not required:
(a) When a mobile home or park model trailer is to enter
the state or is being moved from a manufacturer or distributor
to a retail sales outlet or directly to the purchaser's designated
location or between retail and sales outlets;
(b) When a signed affidavit of destruction is filed with
the county assessor and the mobile home or park model
trailer is being moved to a disposal site by a landlord as
defined in RCW 59.20.030 after (i) the mobile home or park
model trailer has been abandoned as defined in RCW
59.20.030; or (ii) a final judgment for restitution of the premises under RCW 59.18.410 has been executed in favor of
the landlord with regard to the mobile home or park model
trailer. The mobile home or park model trailer will be
removed from the tax rolls and, upon notification by the
assessor, any outstanding taxes on the destroyed mobile
home or park model trailer will be removed by the county
treasurer; or
(c) When a signed affidavit of destruction is filed with
the county assessor by any mobile home or park model trailer
owner or any property owner with an abandoned mobile
home or park model trailer, the same shall be removed from
the tax rolls and upon notification by the assessor, any outstanding taxes on the destroyed mobile home or park model
trailer shall be removed by the county treasurer.
(3) If the landlord of a mobile home park takes ownership of a mobile home or park model trailer with the intent to
resell or rent the same under RCW 59.20.030 after (a) the
mobile home or park model trailer has been abandoned as
defined in RCW 59.20.030; or (b) a final judgment for restitution of the premises under RCW 59.18.410 has been executed in favor of the landlord with regard to the mobile home
or park model trailer, the outstanding taxes become the
responsibility of the landlord.
[Title 46 RCW—page 181]
46.44.173
Title 46 RCW: Motor Vehicles
(4) It is the responsibility of the owner of the mobile
home or park model trailer subject to property taxes or the
agent to obtain the endorsement and decal from the county
treasurer before a mobile home or park model trailer is
moved.
(5) This section does not prohibit the issuance of vehicle
license plates for a mobile home or park model trailer subject
to property taxes, but plates shall not be issued unless the
mobile home or park model trailer subject to property taxes
for which plates are sought has been listed for property tax
purposes in the county in which it is principally located and
the appropriate fee for the license has been paid.
(6) The department of transportation and local authorities are authorized to adopt reasonable rules for implementing the provisions of this section. The department of transportation shall adopt rules specifying the design, reflective
characteristics, annual coloration, and for the uniform implementation of the decal required by this section. [2004 c 79 §
4; 2003 c 61 § 1; 2002 c 168 § 6; 1986 c 211 § 4. Prior: 1985
c 395 § 1; 1985 c 22 § 1; 1980 c 152 § 1; 1977 ex.s. c 22 § 2.]
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
46.44.173
46.44.173 Notice to treasurer and assessor of county
where mobile home or park trailer to be located. (1) Upon
validation of a special permit as provided in RCW 46.44.170,
the county treasurer shall forward notice of movement of the
mobile home or park model trailer subject to property taxes to
the treasurer's own county assessor and to the county assessor
of the county in which the mobile home or park model trailer
will be located.
(2) When a single trip special permit not requiring tax
certification is issued, the department of transportation or the
local authority shall notify the assessor of the county in which
the mobile home or park model trailer is to be located. When
a continuous trip special permit is used to transport a mobile
home or park model trailer not requiring tax certification, the
transporter shall notify the assessor of the county in which the
mobile home or park model trailer is to be located. Notification is not necessary when the destination of a mobile home
or park model trailer is a manufacturer, distributor, retailer, or
location outside the state.
(3) A notification under this section shall state the specific, residential destination of the mobile home or park
model trailer. [2002 c 168 § 7; 1984 c 7 § 61; 1977 ex.s. c 22
§ 3.]
Severability—1984 c 7: See note following RCW 47.01.141.
(2) Any person who shall alter, reuse, transfer, or forge
the decal required by RCW 46.44.170, or who shall display a
decal knowing it to have been forged, reused, transferred, or
altered, shall be guilty of a gross misdemeanor.
(3) Any person or agent who is denied a special permit or
whose special permit is suspended may upon request receive
a hearing before the department of transportation or the local
authority having jurisdiction. The department or the local
authority after such hearing may revise its previous action.
[2003 c 53 § 239; 1995 c 38 § 11; 1994 c 301 § 15; 1985 c 22
§ 2; 1979 ex.s. c 136 § 78; 1977 ex.s. c 22 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Acts of municipal officers ratified and confirmed—1995 c 38: See
note following RCW 3.02.045.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
46.44.180
46.44.180 Operation of mobile home pilot vehicle
without insurance unlawful—Amounts—Exception—
Penalty. (1) It is unlawful for a person, other than an
employee of a dealer or other principal licensed to transport
mobile homes within this state acting within the course of
employment with the principal, to operate a pilot vehicle
accompanying a mobile home, as defined in RCW 46.04.302,
being transported on the public highways of this state, without maintaining insurance for the pilot vehicle in the minimum amounts of:
(a) One hundred thousand dollars for bodily injury to or
death of one person in any one accident;
(b) Three hundred thousand dollars for bodily injury to
or death of two or more persons in any one accident; and
(c) Fifty thousand dollars for damage to or destruction of
property of others in any one accident.
(2) Satisfactory evidence of the insurance shall be carried at all times by the operator of the pilot vehicle, which
evidence shall be displayed upon demand by a police officer.
(3) Failure to maintain the insurance as required by this
section is a gross misdemeanor.
(4) Failure to carry or disclose the evidence of the insurance as required by this section is a misdemeanor. [2003 c 53
§ 240; 1980 c 153 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
46.44.190
46.44.175
46.44.175 Penalties—Hearing. (1) Failure of any person or agent acting for a person who causes to be moved or
moves a mobile home as defined in RCW 46.04.302 upon
public highways of this state and failure to comply with any
of the provisions of RCW 46.44.170 and 46.44.173 is a traffic
infraction for which a penalty of not less than one hundred
dollars or more than five hundred dollars shall be assessed.
In addition to the above penalty, the department of transportation or local authority may withhold issuance of a special
permit or suspend a continuous special permit as provided by
RCW 46.44.090 and 46.44.093 for a period of not less than
thirty days.
[Title 46 RCW—page 182]
46.44.190 Fire-fighting apparatus. (1) As used in this
section, "fire-fighting apparatus" means a vehicle or combination of vehicles, owned by a regularly organized fire suppression agency, designed, maintained, and used exclusively
for fire suppression and rescue or for fire prevention activities. These vehicles and associated loads or equipment are
necessary to protect the public safety and are considered nondivisible loads. A vehicle or combination of vehicles that is
not designed primarily for fire suppression including, but not
limited to, a hazardous materials response vehicle, bus,
mobile kitchen, mobile sanitation facility, and heavy equipment transport vehicle is not a fire-fighting apparatus for purposes of this section.
(2004 Ed.)
Transportation of Hazardous Materials
(2) Fire-fighting apparatus must comply with all applicable federal and state vehicle operating and safety criteria,
including rules adopted by agencies within each jurisdiction.
(3) All owners and operators of fire-fighting apparatus
shall comply with current information, provided by the
department, regarding the applicable load restrictions of state
and local bridges within the designated fire service area,
including any automatic or mutual aid agreement areas.
(4) Fire-fighting apparatus operating within a fire district
or municipal department boundary of the owner of the apparatus, including any automatic or mutual aid agreement areas,
may operate without a permit if:
(a) The weight does not exceed:
(i) 600 pounds per inch width of tire;
(ii) 24,000 pounds on a single axle;
(iii) 43,000 pounds on a tandem axle set;
(iv) 67,000 pounds gross vehicle weight, subject to the
gross weight limits of RCW 46.44.091(1) (c), (d), and (e);
(v) The tire manufacturer's tire load rating.
(b) There is no tridem axle set.
(c) The dimensions do not exceed:
(i) 8 feet, 6 inches wide;
(ii) 14 feet high;
(iii) 50 feet overall length;
(iv) 15 foot front overhang;
(v) Rear overhang not exceeding the length of the wheel
base.
(5) Operators of fire-fighting apparatus that exceed the
weight limits in subsection (4) of this section must apply for
an overweight permit with the department. The maximum
weight a fire-fighting apparatus may weigh is 50,000 pounds
on the tandem axle set, and may not exceed 600 pounds per
inch width of tire. The maximum weight limit must include
the weight of a full water tank, if applicable, all equipment
necessary for operation, and the normal number of personnel
usually assigned to be on board, or four personnel, whichever
is greater. At least four personnel must be physically present
at the time the apparatus is weighed.
(6) When applying for a permit, a current weight slip
from a certified scale must be attached to the department's
application form. Upon receiving an application, the department shall transmit it to the local jurisdictions in which the
fire-fighting apparatus will be operating, so that the local
jurisdictions can make a determination on the need for local
travel and route restrictions within the operating area. The
department shall issue a permit within twenty days of receiving a permit application and shall issue the permit on an
annual basis for the apparatus to operate on the state highway
system, with reference made to applicable load restrictions
and any other limitations stipulated on the permit, including
limitations placed by local jurisdictions.
(7) Fire-fighting apparatus in operation in this state
before June 13, 2002, and privately owned industrial firefighting apparatus used for purposes of providing emergency
response and mutual aid are each exempt from subsections
(4) and (5) of this section. However, operators of the exempt
fire-fighting apparatus must still obtain an annual permit
under subsection (6) of this section.
(8) Fire-fighting apparatus without the proper overweight permits are prohibited from being operated on city,
county, or state roadways until the apparatus is within legal
(2004 Ed.)
46.48.170
weight limits and a current permit has been issued by the
department. When the permit is issued, the fire district must
notify the Washington state patrol that the apparatus is in
compliance with overweight permit regulations.
(9) The Washington state patrol may conduct random
spot checks of fire-fighting apparatus to ensure compliance
with overweight permit regulations. If a fire-fighting apparatus is found to be not in compliance with overweight permit
regulations, the state patrol shall issue a violation notice to
the fire department stating this fact and prohibiting operation
of the apparatus on city, county, and state roadways.
(10) It is a traffic infraction to continue to operate a firefighting apparatus on the roadways after a violation notice
has been issued. The following penalties apply:
(a) For a first offense, the penalty will be no less than
fifty dollars but no more than fifty dollars;
(b) For a second offense, the penalty will be no less than
seventy-five dollars;
(c) For a third or subsequent offense, the penalty will be
no less than one hundred dollars.
(11) No individual liability attaches to an employee or
volunteer of the penalized fire department. [2002 c 231 § 1;
2001 c 262 § 3.]
Chapter 46.48 RCW
TRANSPORTATION OF HAZARDOUS MATERIALS
Chapter 46.48
Sections
46.48.170
46.48.175
46.48.180
46.48.185
46.48.200
State patrol authority—Rules and regulations.
Rules—Penalties—Responsibility for compliance.
State patrol study to insure uniformity of regulations.
Inspections.
Radioactive waste—Additional ports of entry.
Hazardous materials incident command agency, state patrol as: RCW
70.136.030.
46.48.170
46.48.170 State patrol authority—Rules and regulations. The Washington state patrol acting by and through the
chief of the Washington state patrol shall have the authority
to adopt and enforce the regulations promulgated by the
United States department of transportation, Title 49 CFR
parts 100 through 199, transportation of hazardous materials,
as these regulations apply to motor carriers. "Motor carrier"
means any person engaged in the transportation of passengers
or property operating interstate and intrastate upon the public
highways of this state, except farmers. The chief of the Washington state patrol shall confer with the emergency management council under RCW 38.52.040 and may make rules and
regulations pertaining thereto, sufficient to protect persons
and property from unreasonable risk of harm or damage. The
chief of the Washington state patrol shall establish such additional rules not inconsistent with Title 49 CFR parts 100
through 199, transportation of hazardous materials, which for
compelling reasons make necessary the reduction of risk
associated with the transportation of hazardous materials. No
such rules may lessen a standard of care; however, the chief
of the Washington state patrol may, after conferring with the
emergency management council, establish a rule imposing a
more stringent standard of care. The chief of the Washington
state patrol shall appoint the necessary qualified personnel to
carry out the provisions of RCW 46.48.170 through
[Title 46 RCW—page 183]
46.48.175
Title 46 RCW: Motor Vehicles
*46.48.190. [1988 c 81 § 19; 1980 c 20 § 1; 1961 c 12 §
46.48.170. Prior: 1951 c 102 § 1; 1949 c 101 § 1; Rem. Supp.
1949 § 6360-63a.]
*Reviser's note: RCW 46.48.190 was repealed by 1988 c 81 § 20.
46.48.175
46.48.175 Rules—Penalties—Responsibility for compliance. Each violation of any rules and/or regulations made
pursuant to RCW 46.48.170 or 81.80.290 pertaining to vehicle equipment on motor carriers transporting hazardous material shall be a misdemeanor.
Bail for such a violation shall be set at a minimum of one
hundred dollars. The fine for such a violation shall be not less
than two hundred dollars nor more than five hundred dollars.
Compliance with the provisions of this chapter is the primary
responsibility of the owner or lessee of the vehicle or any
vehicle used in combination that is cited in the violation.
[1980 c 104 § 1; 1961 c 12 § 46.48.175. Prior: 1951 c 102 §
2.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Chapter 46.52
Sections
46.52.010
46.52.020
46.52.030
46.52.035
46.52.040
46.52.050
46.52.060
46.52.065
46.52.070
46.52.080
46.52.083
46.52.085
46.52.088
46.52.090
46.52.100
46.52.101
46.52.120
46.48.180
46.48.180 State patrol study to insure uniformity of
regulations. The Washington state patrol shall make a study
of the United States department of transportation regulations
pertaining to Title 49 CFR, parts 100 through 199, and the
laws of this state pertaining to the same subject in order that
the chief of the Washington state patrol may make necessary
and proper recommendations to the legislature and state
departments from time to time to bring about uniformity
between the laws and regulations of the federal government
and this state in regard to the transportation of such materials.
[1980 c 20 § 2; 1961 c 12 § 46.48.180. Prior: 1949 c 101 §
2; Rem. Supp. 1949 § 6360-63b.]
46.48.185
46.48.185 Inspections. The chief of the Washington
state patrol shall direct the necessary qualified personnel to
inspect the cargo of any motor carriers vehicle transporting
hazardous material, inspect for proper securing, and inspect
for the combined loading of cargo which would be inconsistent with the provisions of Title 49 CFR, parts 100 through
199. Authorized personnel inspecting loads of hazardous
material shall do so in the presence of a representative of the
motor carrier. Seal and locking devices may be removed as
necessary to facilitate the inspection. The seals or locking
devices removed shall be replaced by the Washington state
patrol with a written form approved by the chief to certify
seal or locking device removal for inspection of the cargo.
[1980 c 20 § 3.]
46.48.200
46.48.200 Radioactive waste—Additional ports of
entry. (Contingent expiration date.) Any additional ports of
entry for highway transportation of radioactive waste materials other than those designated by WAC 446-50-040 as filed
on December 11, 1979, must be authorized by the state legislature. This section shall expire when both the Washington
state legislature and at least one other eligible state enact an
interstate agreement on radioactive materials transportation
management. [1987 c 86 § 1.]
[Title 46 RCW—page 184]
Chapter 46.52 RCW
ACCIDENTS—REPORTS—
ABANDONED VEHICLES
46.52.130
46.52.190
Duty on striking unattended car or other property—Penalty.
Duty in case of personal injury or death or damage to attended
vehicle or other property—Penalties.
Accident reports.
Accident reports—Suspension of license or permit for failure
to make report.
Accident reports—Report when operator disabled.
Coroner's reports to sheriff and state patrol.
Tabulation and analysis of reports—Availability for use.
Blood samples to state toxicologist—Analysis—Availability,
admissibility of reports.
Police officer's report.
Confidentiality of reports—Information required to be disclosed—Evidence.
Confidentiality of reports—Availability of factual data to
interested parties.
Confidentiality of reports—Fee for written information.
Reports—False information.
Reports of major repairs, etc.—Violations, penalties—
Rules—Exceptions for older vehicles.
Record of traffic charges—Reports of court—District court
venue—Driving under influence of liquor or drugs.
Records of traffic charges, dispositions.
Case record of convictions and infractions—Cross-reference
to accident reports.
Abstract of driving record—Access—Fees—Penalty.
Abandoned vehicles or hulks—Impoundment—Notification—Hearing—Liability for charges—Nonpayment penalty.
Abandoned, unauthorized vehicles generally: Chapter 46.55 RCW.
Hulk haulers and scrap processors: Chapter 46.79 RCW.
Removal of certain vehicles from roadway: RCW 46.55.113, 46.55.115,
46.61.590.
Vehicle wreckers: Chapter 46.80 RCW.
46.52.010
46.52.010 Duty on striking unattended car or other
property—Penalty. (1) The operator of any vehicle which
collided with any other vehicle which is unattended shall
immediately stop and shall then and there either locate and
notify the operator or owner of such vehicle of the name and
address of the operator and owner of the vehicle striking the
unattended vehicle or shall leave in a conspicuous place in
the vehicle struck a written notice, giving the name and
address of the operator and of the owner of the vehicle striking such other vehicle.
(2) The driver of any vehicle involved in an accident
resulting only in damage to property fixed or placed upon or
adjacent to any public highway shall take reasonable steps to
locate and notify the owner or person in charge of such property of such fact and of the name and address of the operator
and owner of the vehicle striking such property, or shall leave
in a conspicuous place upon the property struck a written
notice, giving the name and address of the operator and of the
owner of the vehicle so striking the property, and such person
shall further make report of such accident as in the case of
other accidents upon the public highways of this state.
(3) Any person violating this section is guilty of a misdemeanor. [2003 c 53 § 241; 1979 ex.s. c 136 § 79; 1961 c 12
§ 46.52.010. Prior: 1937 c 189 § 133; RRS § 6360-133;
1927 c 309 § 50, part; RRS § 6362-50, part.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
(2004 Ed.)
Accidents—Reports—Abandoned Vehicles
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Arrest of person violating duty on striking unattended vehicle or other property: RCW 10.31.100.
46.52.020
46.52.020 Duty in case of personal injury or death or
damage to attended vehicle or other property—Penalties.
(1) A driver of any vehicle involved in an accident resulting
in the injury to or death of any person or involving striking
the body of a deceased person shall immediately stop such
vehicle at the scene of such accident or as close thereto as
possible but shall then forthwith return to, and in every event
remain at, the scene of such accident until he or she has fulfilled the requirements of subsection (3) of this section; every
such stop shall be made without obstructing traffic more than
is necessary.
(2)(a) The driver of any vehicle involved in an accident
resulting only in damage to a vehicle which is driven or
attended by any person or damage to other property must
move the vehicle as soon as possible off the roadway or freeway main lanes, shoulders, medians, and adjacent areas to a
location on an exit ramp shoulder, the frontage road, the nearest suitable cross street, or other suitable location. The driver
shall remain at the suitable location until he or she has fulfilled the requirements of subsection (3) of this section. Moving the vehicle in no way affects fault for an accident.
(b) A law enforcement officer or representative of the
department of transportation may cause a motor vehicle,
cargo, or debris to be moved from the roadway; and neither
the department of transportation representative, nor anyone
acting under the direction of the officer or the department of
transportation representative is liable for damage to the motor
vehicle, cargo, or debris caused by reasonable efforts of
removal.
(3) Unless otherwise provided in subsection (7) of this
section the driver of any vehicle involved in an accident
resulting in injury to or death of any person, or involving
striking the body of a deceased person, or resulting in damage
to any vehicle which is driven or attended by any person or
damage to other property shall give his or her name, address,
insurance company, insurance policy number, and vehicle
license number and shall exhibit his or her vehicle driver's
license to any person struck or injured or the driver or any
occupant of, or any person attending, any such vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician or hospital for medical treatment if it is apparent that
such treatment is necessary or if such carrying is requested by
the injured person or on his or her behalf. Under no circumstances shall the rendering of assistance or other compliance
with the provisions of this subsection be evidence of the liability of any driver for such accident.
(4)(a) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of
the requirements of subsection (3) of this section in the case
of an accident resulting in death is guilty of a class B felony
and, upon conviction, is punishable according to chapter
9A.20 RCW.
(b) Any driver covered by the provisions of subsection
(1) of this section failing to stop or comply with any of the
(2004 Ed.)
46.52.030
requirements of subsection (3) of this section in the case of an
accident resulting in injury is guilty of a class C felony and,
upon conviction, is punishable according to chapter 9A.20
RCW.
(c) Any driver covered by the provisions of subsection
(1) of this section failing to stop or comply with any of the
requirements of subsection (3) of this section in the case of an
accident involving striking the body of a deceased person is
guilty of a gross misdemeanor.
(d) This subsection shall not apply to any person injured
or incapacitated by such accident to the extent of being physically incapable of complying with this section.
(5) Any driver covered by the provisions of subsection
(2) of this section failing to stop or to comply with any of the
requirements of subsection (3) of this section under said circumstances shall be guilty of a gross misdemeanor: PROVIDED, That this provision shall not apply to any person
injured or incapacitated by such accident to the extent of
being physically incapable of complying herewith.
(6) The license or permit to drive or any nonresident
privilege to drive of any person convicted under this section
or any local ordinance consisting of substantially the same
language as this section of failure to stop and give information or render aid following an accident with any vehicle
driven or attended by any person shall be revoked by the
department.
(7) If none of the persons specified are in condition to
receive the information to which they otherwise would be
entitled under subsection (3) of this section, and no police
officer is present, the driver of any vehicle involved in such
accident after fulfilling all other requirements of subsections
(1) and (3) of this section insofar as possible on his or her part
to be performed, shall forthwith report such accident to the
nearest office of the duly authorized police authority and submit thereto the information specified in subsection (3) of this
section. [2002 c 194 § 1; 2001 c 145 § 1; 2000 c 66 § 1; 1990
c 210 § 2; 1980 c 97 § 1; 1979 ex.s. c 136 § 80; 1975-'76 2nd
ex.s. c 18 § 1. Prior: 1975 1st ex.s. c 210 § 1; 1975 c 62 § 14;
1967 c 32 § 53; 1961 c 12 § 46.52.020; prior: 1937 c 189 §
134; RRS § 6360-134; 1927 c 309 § 50, part; RRS § 6362-50,
part.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—1980 c 97: "This 1980 act shall take effect on July 1,
1980." [1980 c 97 § 3.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1975 c 62: See note following RCW 36.75.010.
Arrest of person violating duty in case of injury to or death of person or damage to attended vehicle: RCW 10.31.100.
46.52.030
46.52.030 Accident reports. (1) Unless a report is to be
made by a law enforcement officer under subsection (3) of
this section, the driver of any vehicle involved in an accident
resulting in injury to or death of any person or damage to the
property of any one person to an apparent extent equal to or
greater than the minimum amount established by rule
adopted by the chief of the Washington state patrol in accordance with subsection (5) of this section, shall, within four
days after such accident, make a written report of such accident to the chief of police of the city or town if such accident
[Title 46 RCW—page 185]
46.52.035
Title 46 RCW: Motor Vehicles
occurred within an incorporated city or town or the county
sheriff or state patrol if such accident occurred outside incorporated cities and towns. Nothing in this subsection prohibits
accident reports from being filed by drivers where damage to
property is less than the minimum amount or where a law
enforcement officer has submitted a report.
(2) The original of the report shall be immediately forwarded by the authority receiving the report to the chief of
the Washington state patrol at Olympia, Washington. The
Washington state patrol shall give the department of licensing full access to the report.
(3) Any law enforcement officer who investigates an
accident for which a report is required under subsection (1) of
this section shall submit an investigator's report as required
by RCW 46.52.070.
(4) The chief of the Washington state patrol may require
any driver of any vehicle involved in an accident, of which
report must be made as provided in this section, to file supplemental reports whenever the original report in the chief's
opinion is insufficient, and may likewise require witnesses of
any such accident to render reports. For this purpose, the
chief of the Washington state patrol shall prepare and, upon
request, supply to any police department, coroner, sheriff,
and any other suitable agency or individual, sample forms of
accident reports required hereunder, which reports shall be
upon a form devised by the chief of the Washington state
patrol and shall call for sufficiently detailed information to
disclose all material facts with reference to the accident to be
reported thereon, including the location, the circumstances,
the conditions then existing, the persons and vehicles
involved, the insurance information required under RCW
46.30.030, personal injury or death, if any, the amounts of
property damage claimed, the total number of vehicles
involved, whether the vehicles were legally parked, legally
standing, or moving, and whether such vehicles were occupied at the time of the accident. Every required accident
report shall be made on a form prescribed by the chief of the
Washington state patrol and each authority charged with the
duty of receiving such reports shall provide sufficient report
forms in compliance with the form devised. The report forms
shall be designated so as to provide that a copy may be
retained by the reporting person.
(5) The chief of the Washington state patrol shall adopt
rules establishing the accident-reporting threshold for property damage accidents. Beginning October 1, 1987, the accident-reporting threshold for property damage accidents shall
be five hundred dollars. The accident-reporting threshold for
property damage accidents shall be revised when necessary,
but not more frequently than every two years. The revisions
shall only be for the purpose of recognizing economic
changes as reflected by an inflationary index recommended
by the office of financial management. The revisions shall be
guided by the change in the index for the time period since
the last revision. [1997 c 248 § 1; 1996 c 183 § 1; 1989 c 353
§ 5; 1987 c 463 § 2; 1981 c 30 § 1; 1979 c 158 § 160; 1979 c
11 § 2. Prior: 1977 ex.s. c 369 § 2; 1977 ex.s. c 68 § 1; 1969
ex.s. c 40 § 2; 1967 c 32 § 54; 1965 ex.s. c 119 § 1; 1961 c 12
§ 46.52.030; prior: 1943 c 154 § 1; 1937 c 189 § 135; RRS §
6360-135.]
Effective date—1997 c 248: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov[Title 46 RCW—page 186]
ernment and its existing public institutions, and takes effect immediately
[May 2, 1997]." [1997 c 248 § 2.]
Effective date—1996 c 183: "This act takes effect July 1, 1996." [1996
c 183 § 3.]
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
46.52.035
46.52.035 Accident reports—Suspension of license or
permit for failure to make report. The director may suspend the license or permit to drive and any nonresident operating privileges of any person failing to report an accident as
provided in RCW 46.52.030 until such report has been filed.
[1988 c 8 § 1; 1965 ex.s. c 119 § 2.]
46.52.040
46.52.040 Accident reports—Report when operator
disabled. Whenever the driver of the vehicle involved in any
accident, concerning which accident report is required, is
physically incapable of making the required accident report
and there is another occupant other than a passenger for hire
therein, in the vehicle at the time of the accident capable of
making a report, such occupant shall make or cause to be
made such report. Upon recovery such driver shall make such
report in the manner required by law. [1967 c 32 § 55; 1961
c 12 § 46.52.040. Prior: 1937 c 189 § 136; RRS § 6360-136.]
46.52.050
46.52.050 Coroner's reports to sheriff and state
patrol. Every coroner or other official performing like functions shall on or before the tenth day of each month, report in
writing to the sheriff of the county in which he holds office
and to the chief of the Washington state patrol the death of
any person within his jurisdiction during the preceding calendar month as a result of an accident involving any vehicle,
together with the circumstances of such accident. [1961 c 12
§ 46.52.050. Prior: 1937 c 189 § 137; RRS § 6360-137.]
46.52.060
46.52.060 Tabulation and analysis of reports—Availability for use. It shall be the duty of the chief of the Washington state patrol to file, tabulate, and analyze all accident
reports and to publish annually, immediately following the
close of each fiscal year, and monthly during the course of the
year, statistical information based thereon showing the number of accidents, the location, the frequency and circumstances thereof and other statistical information which may
prove of assistance in determining the cause of vehicular
accidents.
Such accident reports and analysis or reports thereof
shall be available to the director of licensing, the department
of transportation, the utilities and transportation commission,
the traffic safety commission, and other public entities authorized by the chief of the Washington state patrol, or their duly
authorized representatives, for further tabulation and analysis
for pertinent data relating to the regulation of highway traffic,
highway construction, vehicle operators and all other purposes, and to publish information so derived as may be
deemed of publication value. [1998 c 169 § 1; 1979 c 158 §
161; 1977 c 75 § 67; 1967 c 32 § 56; 1961 c 12 § 46.52.060.
Prior: 1937 c 189 § 138; RRS § 6360-138.]
46.52.065
46.52.065 Blood samples to state toxicologist—Analysis—Availability, admissibility of reports. Every coroner
or other official performing like functions shall submit to the
(2004 Ed.)
Accidents—Reports—Abandoned Vehicles
state toxicologist a blood sample taken from all drivers and
all pedestrians who are killed in any traffic accident where
the death occurred within four hours after the accident. Blood
samples shall be taken and submitted in the manner prescribed by the state toxicologist. The state toxicologist shall
analyze these blood samples to determine the concentration
of alcohol and, where feasible, the presence of drugs or other
toxic substances. The reports and records of the state toxicologist relating to analyses made pursuant to this section shall
be confidential: PROVIDED, That the results of these analyses shall be reported to the state patrol and made available to
the prosecuting attorney or law enforcement agency having
jurisdiction: PROVIDED FURTHER, That the results of
these analyses may be admitted in evidence in any civil or
criminal action where relevant and shall be made available to
the parties to any such litigation on application to the court.
[1977 ex.s. c 50 § 1; 1971 ex.s. c 270 § 1.]
46.52.090
damaged thereby, or any authorized representative of such an
interested party, or the attorney or insurer thereof. No such
accident report or copy thereof shall be used as evidence in
any trial, civil or criminal, arising out of an accident, except
that any officer above named for receiving accident reports
shall furnish, upon demand of any person who has, or who
claims to have, made such a report, or, upon demand of any
court, a certificate showing that a specified accident report
has or has not been made to the chief of the Washington state
patrol solely to prove a compliance or a failure to comply
with the requirement that such a report be made in the manner
required by law: PROVIDED, That the reports may be used
as evidence when necessary to prosecute charges filed in connection with a violation of RCW 46.52.088. [1979 c 158 §
162; 1975 c 62 § 15; 1967 c 32 § 58; 1965 ex.s. c 119 § 3;
1961 c 12 § 46.52.080. Prior: 1937 c 189 § 140; RRS § 6360140.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.52.070 Police officer's report. (1) Any police
officer of the state of Washington or of any county, city, town
or other political subdivision, present at the scene of any accident or in possession of any facts concerning any accident
whether by way of official investigation or otherwise shall
make report thereof in the same manner as required of the
parties to such accident and as fully as the facts in his possession concerning such accident will permit.
(2) The police officer shall report to the department, on a
form prescribed by the director: (a) When a collision has
occurred that results in a fatality; and (b) the identity of the
operator of a vehicle involved in the collision when the
officer has reasonable grounds to believe the operator caused
the collision.
(3) The police officer shall report to the department, on a
form prescribed by the director: (a) When a collision has
occurred that results in a serious injury; (b) the identity of the
operator of a vehicle involved in the collision when the
officer has reasonable grounds to believe the operator who
caused the serious injury may not be competent to operate a
motor vehicle; and (c) the reason or reasons for the officer's
belief. [1999 c 351 § 2; 1998 c 165 § 8; 1967 c 32 § 57; 1961
c 12 § 46.52.070. Prior: 1937 c 189 § 139; RRS § 6360-139.]
46.52.070
Effective date—1998 c 165 §§ 8-14: "Sections 8 through 14 of this act
take effect January 1, 1999." [1998 c 165 § 15.]
Short title—1998 c 165: See note following RCW 43.59.010.
46.52.080 Confidentiality of reports—Information
required to be disclosed—Evidence. All required accident
reports and supplemental reports and copies thereof shall be
without prejudice to the individual so reporting and shall be
for the confidential use of the county prosecuting attorney
and chief of police or county sheriff, as the case may be, and
the director of licensing and the chief of the Washington state
patrol, and other officer or commission as authorized by law,
except that any such officer shall disclose the names and
addresses of persons reported as involved in an accident or as
witnesses thereto, the vehicle license plate numbers and
descriptions of vehicles involved, and the date, time and location of an accident, to any person who may have a proper
interest therein, including the driver or drivers involved, or
the legal guardian thereof, the parent of a minor driver, any
person injured therein, the owner of vehicles or property
46.52.080
(2004 Ed.)
46.52.083
46.52.083 Confidentiality of reports—Availability of
factual data to interested parties. All of the factual data
submitted in report form by the officers, together with the
signed statements of all witnesses, except the reports signed
by the drivers involved in the accident, shall be made available upon request to the interested parties named in RCW
46.52.080. [1965 ex.s. c 119 § 4.]
46.52.085
46.52.085 Confidentiality of reports—Fee for written
information. Any information authorized for release under
RCW 46.52.080 and 46.52.083 may be furnished in written
form for a fee sufficient to meet, but not exceed, the costs
incurred. All fees received by the Washington state patrol for
such copies shall be deposited in the motor vehicle fund.
[1979 c 34 § 1; 1971 ex.s. c 91 § 5; 1965 ex.s. c 119 § 5.]
46.52.088
46.52.088 Reports—False information. A person
shall not give information in oral or written reports as
required in chapter 46.52 RCW knowing that such information is false. [1975 c 62 § 16.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.52.090
46.52.090 Reports of major repairs, etc.—Violations,
penalties—Rules—Exceptions for older vehicles. (1) Any
person, firm, corporation, or association engaged in the business of repairs of any kind to vehicles or any person, firm,
corporation, or association which may at any time engage in
any kind of major repair, restoration, or substantial alteration
to a vehicle required to be licensed or registered under this
title shall maintain verifiable records regarding the source of
used major component parts used in such repairs, restoration,
or alteration. Satisfactory records include but are not limited
to personal identification of the seller if such parts were
acquired from other than a vehicle wrecker licensed under
chapter 46.80 RCW, signed work orders, and bills of sale
signed by the seller whose identity and address has been verified describing parts acquired, and the make, model, and
vehicle identification number of a vehicle from which the following parts are removed: (a) Engines and short blocks, (b)
frames, (c) transmissions and transfer cases, (d) cabs, (e)
doors, (f) front or rear differentials, (g) front or rear clips, (h)
[Title 46 RCW—page 187]
46.52.100
Title 46 RCW: Motor Vehicles
quarter panels or fenders, (i) bumpers, (j) truck beds or boxes,
(k) seats, and (l) hoods.
(2) The records required under subsection (1) of this section shall be kept for a period of four years and shall be made
available for inspection by a law enforcement officer during
ordinary business hours.
(3) It is a gross misdemeanor to: (a) Acquire a part without a substantiating bill of sale or invoice from the parts supplier or fail to comply with any rules adopted under this section; (b) fail to obtain the vehicle identification number for
those parts requiring that it be obtained; or (c) fail to keep
records for four years or to make such records available during normal business hours to a law enforcement officer.
(4) The chief of the Washington state patrol shall adopt
rules for the purpose of regulating record-keeping and parts
acquisition by vehicle repairers, restorers, rebuilders, or those
who perform substantial vehicle alterations.
(5) The provisions of this section do not apply to major
repair, restoration, or alteration of a vehicle thirty years of
age or older. [2003 c 53 § 242; 1983 c 142 § 1; 1967 c 32 §
59; 1961 c 12 § 46.52.090. Prior: 1937 c 189 § 141; RRS §
6360-141.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.52.100
46.52.100 Record of traffic charges—Reports of
court—District court venue—Driving under influence of
liquor or drugs.
Reviser's note: RCW 46.52.100 was amended by 1999 c 274 § 5 without reference to its repeal by 1999 c 86 § 8. It has been decodified for publication purposes under RCW 1.12.025.
46.52.101
46.52.101 Records of traffic charges, dispositions. (1)
Every district court, municipal court, and clerk of a superior
court shall keep or cause to be kept a record of every traffic
complaint, traffic citation, notice of infraction, or other legal
form of traffic charge deposited with or presented to the court
or a traffic violations bureau, and shall keep a record of every
official action by the court or its traffic violations bureau
regarding the charge, including but not limited to a record of
every conviction, forfeiture of bail, judgment of acquittal,
finding that a traffic infraction has been committed, dismissal
of a notice of infraction, and the amount of fine, forfeiture, or
penalty resulting from every traffic charge deposited with or
presented to the court or traffic violations bureau. In the case
of a record of a conviction for a violation of RCW 46.61.502
or 46.61.504, and notwithstanding any other provision of
law, the court shall maintain the record permanently.
(2) Within fourteen days after the conviction, forfeiture
of bail, or finding that a traffic infraction was committed for
a violation of any provisions of this chapter or other law regulating the operating of vehicles on highways, the clerk of the
court in which the conviction was had, bail was forfeited, or
the finding of commission was made shall prepare and immediately forward to the director of licensing at Olympia an
abstract of the court record covering the case. Report need
not be made of a finding involving the illegal parking or
standing of a vehicle.
[Title 46 RCW—page 188]
(3) The abstract must be made upon a form or forms furnished by the director and must include the name and address
of the party charged, the number, if any, of the party's driver's
or chauffeur's license, the registration number of the vehicle
involved if required by the director, the nature of the offense,
the date of hearing, the plea, the judgment, whether the
offense was an alcohol-related offense as defined in RCW
46.01.260(2), whether the incident that gave rise to the
offense charged resulted in a fatality, whether bail was forfeited, whether the determination that a traffic infraction was
committed was contested, and the amount of the fine, forfeiture, or penalty, as the case may be.
(4) In courts where the judicial information system or
other secure method of electronic transfer of information has
been implemented between the court and the department of
licensing, the court may electronically provide the information required in subsections (2), (3), and (5) of this section.
(5) The superior court clerk shall also forward a like
report to the director upon the conviction of a person of a felony in the commission of which a vehicle was used.
(6) The director shall keep all abstracts received under
this section at the director's office in Olympia. The abstracts
must be open to public inspection during reasonable business
hours.
(7) The officer, prosecuting attorney, or city attorney
signing the charge or information in a case involving a charge
of driving under the influence of intoxicating liquor or any
drug shall immediately request from the director an abstract
of convictions and forfeitures. The director shall furnish the
requested abstract. [1999 c 86 § 4.]
46.52.120
46.52.120 Case record of convictions and infractions—Cross-reference to accident reports. (1) The director shall keep a case record on every motor vehicle driver
licensed under the laws of this state, together with information on each driver, showing all the convictions and findings
of traffic infractions certified by the courts, together with an
index cross-reference record of each accident reported relating to such individual with a brief statement of the cause of
the accident and whether or not the accident resulted in any
fatality. The chief of the Washington state patrol shall furnish
the index cross-reference record to the director, with reference to each driver involved in the reported accidents.
(2) The records shall be for the confidential use of the
director, the chief of the Washington state patrol, the director
of the Washington traffic safety commission, and for such
police officers or other cognizant public officials as may be
designated by law. Such case records shall not be admitted
into evidence in any court, except where relevant to the prosecution or defense of a criminal charge, or in case appeal is
taken from the order of the director, suspending, revoking,
canceling, or refusing a vehicle driver's license.
(3) The director shall tabulate and analyze vehicle
driver's case records and suspend, revoke, cancel, or refuse a
vehicle driver's license to a person when it is deemed from
facts contained in the case record of such person that it is for
the best interest of public safety that such person be denied
the privilege of operating a motor vehicle. The director shall
also suspend a person's driver's license if the person fails to
attend or complete a driver improvement interview or fails to
abide by conditions of probation under RCW 46.20.335.
(2004 Ed.)
Accidents—Reports—Abandoned Vehicles
Whenever the director orders the vehicle driver's license of
any such person suspended, revoked, or canceled, or refuses
the issuance of a vehicle driver's license, such suspension,
revocation, cancellation, or refusal is final and effective
unless appeal from the decision of the director is taken as provided by law. [1998 c 218 § 1; 1998 c 165 § 10; 1993 c 501
§ 12; 1992 c 32 § 3; 1989 c 178 § 23; 1988 c 38 § 2; 1984 c
99 § 1; 1982 c 52 § 1; 1979 ex.s. c 136 § 83; 1977 ex.s. c 356
§ 1; 1967 c 32 § 62; 1961 c 12 § 46.52.120. Prior: 1937 c 189
§ 144; RRS § 6360-144.]
Reviser's note: This section was amended by 1998 c 165 § 10 and by
1998 c 218 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1998 c 165 §§ 8-14: See note following RCW
46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.52.130
46.52.130 Abstract of driving record—Access—
Fees—Penalty. (1) A certified abstract of the driving record
shall be furnished only to:
(a) The individual named in the abstract;
(b) An employer or prospective employer or an agent
acting on behalf of an employer or prospective employer, or
a volunteer organization for which the named individual has
submitted an application for a position that could require the
transportation of children under eighteen years of age, adults
over sixty-five years of age, or physically or mentally disabled persons;
(c) An employee or agent of a transit authority checking
prospective volunteer vanpool drivers for insurance and risk
management needs;
(d) The insurance carrier that has insurance in effect covering the employer or a prospective employer;
(e) The insurance carrier that has motor vehicle or life
insurance in effect covering the named individual;
(f) The insurance carrier to which the named individual
has applied;
(g) An alcohol/drug assessment or treatment agency
approved by the department of social and health services, to
which the named individual has applied or been assigned for
evaluation or treatment; or
(h) City and county prosecuting attorneys.
(2) City attorneys and county prosecuting attorneys may
provide the driving record to alcohol/drug assessment or
treatment agencies approved by the department of social and
health services to which the named individual has applied or
been assigned for evaluation or treatment.
(3)(a) The director, upon proper request, shall furnish a
certified abstract covering the period of not more than the last
three years to insurance companies.
(b) The director may enter into a contractual agreement
with an insurance company or its agent for the limited purpose of reviewing the driving records of existing policyholders for changes to the record during specified periods of time.
The department shall establish a fee for this service, which
must be deposited in the highway safety fund. The fee for
(2004 Ed.)
46.52.130
this service must be set at a level that will not result in a net
revenue loss to the state. Any information provided under
this subsection must be treated in the same manner and subject to the same restrictions as certified abstracts.
(4) Upon proper request, the director shall furnish a certified abstract covering a period of not more than the last five
years to state approved alcohol/drug assessment or treatment
agencies, except that the certified abstract shall also include
records of alcohol-related offenses as defined in RCW
46.01.260(2) covering a period of not more than the last ten
years.
(5) Upon proper request, a certified abstract of the full
driving record maintained by the department shall be furnished to a city or county prosecuting attorney, to the individual named in the abstract, to an employer or prospective
employer or an agent acting on behalf of an employer or prospective employer of the named individual, or to a volunteer
organization for which the named individual has submitted
an application for a position that could require the transportation of children under eighteen years of age, adults over
sixty-five years of age, or physically or mentally disabled
persons, or to an employee or agent of a transit authority
checking prospective volunteer vanpool drivers for insurance
and risk management needs.
(6) The abstract, whenever possible, shall include:
(a) An enumeration of motor vehicle accidents in which
the person was driving;
(b) The total number of vehicles involved;
(c) Whether the vehicles were legally parked or moving;
(d) Whether the vehicles were occupied at the time of the
accident;
(e) Whether the accident resulted in any fatality;
(f) Any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation
of any motor vehicle law;
(g) The status of the person's driving privilege in this
state; and
(h) Any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction
served upon the named individual by an arresting officer.
(7) Certified abstracts furnished to prosecutors and alcohol/drug assessment or treatment agencies shall also indicate
whether a recorded violation is an alcohol-related offense as
defined in RCW 46.01.260(2) that was originally charged as
one of the alcohol-related offenses designated in RCW
46.01.260(2)(b)(i).
(8) The abstract provided to the insurance company shall
exclude any information, except that related to the commission of misdemeanors or felonies by the individual, pertaining to law enforcement officers or fire fighters as defined in
RCW 41.26.030, or any officer of the Washington state
patrol, while driving official vehicles in the performance of
occupational duty. The abstract provided to the insurance
company shall include convictions for RCW 46.61.5249 and
46.61.525 except that the abstract shall report them only as
negligent driving without reference to whether they are for
first or second degree negligent driving. The abstract provided to the insurance company shall exclude any deferred
prosecution under RCW 10.05.060, except that if a person is
removed from a deferred prosecution under RCW 10.05.090,
[Title 46 RCW—page 189]
46.52.190
Title 46 RCW: Motor Vehicles
the abstract shall show the deferred prosecution as well as the
removal.
(9) The director shall collect for each abstract the sum of
five dollars, which shall be deposited in the highway safety
fund.
(10) Any insurance company or its agent receiving the
certified abstract shall use it exclusively for its own underwriting purposes and shall not divulge any of the information
contained in it to a third party. No policy of insurance may be
canceled, nonrenewed, denied, or have the rate increased on
the basis of such information unless the policyholder was
determined to be at fault. No insurance company or its agent
for underwriting purposes relating to the operation of commercial motor vehicles may use any information contained in
the abstract relative to any person's operation of motor vehicles while not engaged in such employment, nor may any
insurance company or its agent for underwriting purposes
relating to the operation of noncommercial motor vehicles
use any information contained in the abstract relative to any
person's operation of commercial motor vehicles.
(11) Any employer or prospective employer or an agent
acting on behalf of an employer or prospective employer, or
a volunteer organization for which the named individual has
submitted an application for a position that could require the
transportation of children under eighteen years of age, adults
over sixty-five years of age, or physically or mentally disabled persons, receiving the certified abstract shall use it
exclusively for his or her own purpose to determine whether
the licensee should be permitted to operate a commercial
vehicle or school bus, or operate a vehicle for a volunteer
organization for purposes of transporting children under
eighteen years of age, adults over sixty-five years of age, or
physically or mentally disabled persons, upon the public
highways of this state and shall not divulge any information
contained in it to a third party.
(12) Any employee or agent of a transit authority receiving a certified abstract for its vanpool program shall use it
exclusively for determining whether the volunteer licensee
meets those insurance and risk management requirements
necessary to drive a vanpool vehicle. The transit authority
may not divulge any information contained in the abstract to
a third party.
(13) Any alcohol/drug assessment or treatment agency
approved by the department of social and health services
receiving the certified abstract shall use it exclusively for the
purpose of assisting its employees in making a determination
as to what level of treatment, if any, is appropriate. The
agency, or any of its employees, shall not divulge any information contained in the abstract to a third party.
(14) Release of a certified abstract of the driving record
of an employee, prospective employee, or prospective volunteer requires a statement signed by: (a) The employee, prospective employee, or prospective volunteer that authorizes
the release of the record, and (b) the employer or volunteer
organization attesting that the information is necessary to
determine whether the licensee should be employed to operate a commercial vehicle or school bus, or operate a vehicle
for a volunteer organization for purposes of transporting children under eighteen years of age, adults over sixty-five years
of age, or physically or mentally disabled persons, upon the
public highways of this state. If the employer or prospective
[Title 46 RCW—page 190]
employer authorizes an agent to obtain this information on
their behalf, this must be noted in the statement.
(15) Any negligent violation of this section is a gross
misdemeanor.
(16) Any intentional violation of this section is a class C
felony. [2004 c 49 § 1; 2003 c 367 § 1. Prior: 2002 c 352 §
20; 2002 c 221 § 1; 2001 c 309 § 1; 1998 c 165 § 11; 1997 c
66 § 12; prior: 1996 c 307 § 4; 1996 c 183 § 2; 1994 c 275 §
16; 1991 c 243 § 1; 1989 c 178 § 24; prior: 1987 1st ex.s c 9
§ 2; 1987 c 397 § 2; 1987 c 181 § 1; 1986 c 74 § 1; 1985 ex.s.
c 1 § 11; 1979 ex.s. c 136 § 84; 1977 ex.s. c 356 § 2; 1977
ex.s. c 140 § 1; 1973 1st ex.s. c 37 § 1; 1969 ex.s. c 40 § 3;
1967 c 174 § 2; 1967 c 32 § 63; 1963 c 169 § 65; 1961 ex.s. c
21 § 27.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective dates—2002 c 352: See note following RCW 46.09.070.
Effective date—1998 c 165 §§ 8-14: See note following RCW
46.52.070.
Short title—1998 c 165: See note following RCW 43.59.010.
Effective date—1996 c 183: See note following RCW 46.52.030.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Severability—Effective date—1987 1st ex.s. c 9: See notes following
RCW 46.29.050.
Intent—1987 c 397: See note following RCW 46.61.410.
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Effective date—1967 c 174: See note following RCW 46.29.050.
Severability—1963 c 169: See RCW 46.29.910.
Abstract of driving record to be furnished: RCW 46.29.050.
Use of highway safety fund to defray cost of furnishing and maintaining driving records: RCW 46.68.060.
46.52.190 Abandoned vehicles or hulks—Impoundment—Notification—Hearing—Liability for charges—
Nonpayment penalty.
46.52.190
Reviser's note: RCW 46.52.190 was amended by 1987 c 202 § 215
without reference to its repeal by 1987 c 311 § 21. It has been decodified for
publication purposes under RCW 1.12.025.
Chapter 46.55
Chapter 46.55 RCW
TOWING AND IMPOUNDMENT
Sections
46.55.010
Definitions.
TOW TRUCK OPERATORS—REGISTRATION REQUIREMENTS
46.55.020
46.55.025
46.55.030
46.55.035
46.55.037
46.55.040
46.55.050
46.55.060
46.55.063
Registration required—Penalty.
Registration or insurance required—Penalty.
Application—Contents, bond, insurance, fee, certificate.
Prohibited acts—Penalty.
Compensation for private impounds.
Permit required—Inspections of equipment and facilities.
Classification of trucks—Marking requirements—Time and
place of inspection—Penalty.
Business location—Requirements.
Fees, schedules, contracts, invoices.
IMPOUNDING UNAUTHORIZED VEHICLES
46.55.070
46.55.075
Posting requirements—Exception.
Law enforcement impound—Required form, procedures.
(2004 Ed.)
Towing and Impoundment
46.55.080
46.55.085
46.55.090
46.55.100
46.55.105
46.55.110
46.55.113
46.55.115
Law enforcement impound, private impound—Master log—
Certain associations restricted.
Law enforcement impound—Unauthorized vehicle in right of
way.
Storage, return requirements—Personal property—Combination endorsement for tow truck drivers—Viewing
impounded vehicle.
Impound notice—Abandoned vehicle report—Owner information, liability—Disposition report.
Responsibility of registered owner.
Notice to legal and registered owners.
Removal by police officer.
State patrol—Appointment of towing operators—Lien for
costs—Appeal.
REDEMPTION RIGHTS AND HEARING PROCEDURES
46.55.120
46.55.130
46.55.140
Redemption of vehicles—Sale of unredeemed property—
Improper impoundment.
Notice requirements—Public auction—Accumulation of storage charges.
Operator's lien, deficiency claim, liability.
RECORDS, INSPECTIONS, AND ENFORCEMENT
46.55.150
46.55.160
46.55.170
46.55.180
46.55.190
46.55.200
46.55.210
46.55.220
Vehicle transaction file.
Availability of records, equipment, and facilities for audit and
inspection.
Complaints, where forwarded.
Presiding officer at licensing hearing.
Rules.
Penalties for certain acts or omissions.
Cease and desist order.
Refusal to issue license, grounds for.
JUNK VEHICLE DISPOSITION
46.55.230
Junk vehicles—Removal, disposal, sale—Penalties—Cleanup
restitution payment.
LOCAL REGULATION
46.55.240
Local ordinances—Requirements.
MISCELLANEOUS
46.55.900
46.55.901
46.55.902
46.55.910
Severability—1985 c 377.
Headings not part of law—1985 c 377.
Effective date—1985 c 377.
Chapter not applicable to certain activities of department of
transportation.
Removal of unattended vehicle from highway: RCW 46.61.590.
Riding in towed vehicles: RCW 46.61.625.
Safety chains for towing: RCW 46.37.495.
46.55.010
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but
not limited to any of the following: A broken window or
windshield, or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Has an approximate fair market value equal only to
the approximate value of the scrap in it.
(5) "Master log" means the document or an electronic
facsimile prescribed by the department and the Washington
state patrol in which an operator records transactions involving impounded vehicles.
(6) "Registered tow truck operator" or "operator" means
any person who engages in the impounding, transporting, or
storage of unauthorized vehicles or the disposal of abandoned
vehicles.
(7) "Residential property" means property that has no
more than four living units located on it.
(8) "Suspended license impound" means an impound
ordered under RCW 46.55.113 because the operator was
arrested for a violation of RCW 46.20.342 or *46.20.420.
(9) "Tow truck" means a motor vehicle that is equipped
for and used in the business of towing vehicles with equipment as approved by the state patrol.
(10) "Tow truck number" means the number issued by
the department to tow trucks used by a registered tow truck
operator in the state of Washington.
(11) "Tow truck permit" means the permit issued annually by the department that has the classification of service
the tow truck may provide stamped upon it.
(12) "Tow truck service" means the transporting upon
the public streets and highways of this state of vehicles,
together with personal effects and cargo, by a tow truck of a
registered operator.
(13) "Unauthorized vehicle" means a vehicle that is subject to impoundment after being left unattended in one of the
following public or private locations for the indicated period
of time:
Subject to removal after:
46.55.010 Definitions. The definitions set forth in this
section apply throughout this chapter:
(1) "Abandoned vehicle" means a vehicle that a registered tow truck operator has impounded and held in the operator's possession for one hundred twenty consecutive hours.
(2) "Abandoned vehicle report" means the document
prescribed by the state that the towing operator forwards to
the department after a vehicle has become abandoned.
(3) "Impound" means to take and hold a vehicle in legal
custody. There are two types of impounds—public and private.
(a) "Public impound" means that the vehicle has been
impounded at the direction of a law enforcement officer or by
a public official having jurisdiction over the public property
upon which the vehicle was located.
(b) "Private impound" means that the vehicle has been
impounded at the direction of a person having control or possession of the private property upon which the vehicle was
located.
(4) "Junk vehicle" means a vehicle certified under RCW
46.55.230 as meeting at least three of the following requirements:
46.55.010
(2004 Ed.)
(a)
(i)
(ii)
(iii)
(b)
(i)
(ii)
(iii)
Public locations:
Constituting an accident or a traffic hazard as
defined in RCW 46.55.113 . . . . . . . Immediately
On a highway and tagged as described in RCW
46.55.085 . . . . . . . . . . . . . . . . . . . . . . . . 24 hours
In a publicly owned or controlled parking
facility, properly posted under RCW
46.55.070 . . . . . . . . . . . . . . . . . . . . . Immediately
Private locations:
On residential property . . . . . . . . . . Immediately
On private, nonresidential property,
properly posted under RCW
46.55.070 . . . . . . . . . . . . . . . . . . . . . Immediately
On private, nonresidential property,
not posted . . . . . . . . . . . . . . . . . . . . . . . . 24 hours
[1999 c 398 § 2; 1998 c 203 § 8; 1994 c 176 § 1; 1991 c 292
§ 1; 1989 c 111 § 1. Prior: 1987 c 330 § 739; 1987 c 311 § 1;
1985 c 377 § 1.]
*Reviser's note: RCW 46.20.420 was recodified as RCW 46.20.345,
June 1999.
Finding—1998 c 203: See note following RCW 46.55.105.
[Title 46 RCW—page 191]
46.55.020
Title 46 RCW: Motor Vehicles
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
TOW TRUCK OPERATORS—
REGISTRATION REQUIREMENTS
46.55.020
46.55.020 Registration required—Penalty. (1) A person shall not engage in or offer to engage in the activities of a
registered tow truck operator without a current registration
certificate from the department of licensing authorizing him
or her to engage in such activities.
(2) Any person engaging in or offering to engage in the
activities of a registered tow truck operator without the registration certificate required by this chapter is guilty of a gross
misdemeanor.
(3) A registered operator who engages in a business
practice that is prohibited under this chapter may be issued a
notice of traffic infraction under chapter 46.63 RCW and is
also subject to the civil penalties that may be imposed by the
department under this chapter.
(4) A person found to have committed an offense that is
a traffic infraction under this chapter is subject to a monetary
penalty of at least two hundred fifty dollars.
(5) All traffic infractions issued under this chapter shall
be under the jurisdiction of the district court in whose jurisdiction they were issued. [2003 c 53 § 243; 1989 c 111 § 2;
1985 c 377 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.55.025
46.55.025 Registration or insurance required—Penalty. A vehicle engaging in the business of recovery of disabled vehicles for monetary compensation, from or on a public road or highway must either be operated by a registered
tow truck operator, or someone who at a minimum has insurance in a like manner and amount as prescribed in RCW
46.55.030(3), and have had their tow trucks inspected in a
like manner as prescribed by RCW 46.55.040(1). The department shall adopt rules to enforce this section. Failure to comply with this section is a class 1 civil infraction punishable
under RCW 7.80.120. [1995 c 360 § 2.]
46.55.030
46.55.030 Application—Contents, bond, insurance,
fee, certificate. (1) Application for licensing as a registered
tow truck operator shall be made on forms furnished by the
department, shall be accompanied by an inspection certification from the Washington state patrol, shall be signed by the
applicant or an agent, and shall include the following information:
(a) The name and address of the person, firm, partnership, association, or corporation under whose name the business is to be conducted;
(b) The names and addresses of all persons having an
interest in the business, or if the owner is a corporation, the
names and addresses of the officers of the corporation;
(c) The names and addresses of all employees who serve
as tow truck drivers;
(d) Proof of minimum insurance required by subsection
(3) of this section;
[Title 46 RCW—page 192]
(e) The vehicle license and vehicle identification numbers of all tow trucks of which the applicant is the registered
owner;
(f) Any other information the department may require;
and
(g) A certificate of approval from the Washington state
patrol certifying that:
(i) The applicant has an established place of business and
that mail is received at the address shown on the application;
(ii) The address of any storage locations where vehicles
may be stored is correctly stated on the application;
(iii) The place of business has an office area that is accessible to the public without entering the storage area; and
(iv) The place of business has adequate and secure storage facilities, as defined in this chapter and the rules of the
department, where vehicles and their contents can be properly stored and protected.
(2) Before issuing a registration certificate to an applicant the department shall require the applicant to file with the
department a surety bond in the amount of five thousand dollars running to the state and executed by a surety company
authorized to do business in this state. The bond shall be
approved as to form by the attorney general and conditioned
that the operator shall conduct his business in conformity
with the provisions of this chapter pertaining to abandoned or
unauthorized vehicles, and to compensate any person, company, or the state for failure to comply with this chapter or the
rules adopted hereunder, or for fraud, negligence, or misrepresentation in the handling of these vehicles. Any person
injured by the tow truck operator's failure to fully perform
duties imposed by this chapter and the rules adopted hereunder, or an ordinance or resolution adopted by a city, town, or
county is entitled to recover actual damages, including reasonable attorney's fees against the surety and the tow truck
operator. Successive recoveries against the bond shall be permitted, but the aggregate liability of the surety to all persons
shall not exceed the amount of the bond. As a condition of
authority to do business, the operator shall keep the bond in
full force and effect. Failure to maintain the penalty value of
the bond or cancellation of the bond by the surety automatically cancels the operator's registration.
(3) Before the department may issue a registration certificate to an applicant, the applicant shall provide proof of minimum insurance requirements of:
(a) One hundred thousand dollars for liability for bodily
injury or property damage per occurrence; and
(b) Fifty thousand dollars of legal liability per occurrence, to protect against vehicle damage, including but not
limited to fire and theft, from the time a vehicle comes into
the custody of an operator until it is redeemed or sold.
Cancellation of or failure to maintain the insurance required
by (a) and (b) of this subsection automatically cancels the
operator's registration.
(4) The fee for each original registration and annual
renewal is one hundred dollars per company, plus fifty dollars per truck. The department shall forward the registration
fee to the state treasurer for deposit in the motor vehicle fund.
(5) The applicant must submit an inspection certificate
from the state patrol before the department may issue or
renew an operator's registration certificate or tow truck permits.
(2004 Ed.)
Towing and Impoundment
(6) Upon approval of the application, the department
shall issue a registration certificate to the registered operator
to be displayed prominently at the operator's place of business. [1989 c 111 § 3; 1987 c 311 § 2; 1985 c 377 § 3.]
46.55.035
46.55.035 Prohibited acts—Penalty. (1) No registered
tow truck operator may:
(a) Except as authorized under RCW 46.55.037, ask for
or receive any compensation, gratuity, reward, or promise
thereof from a person having control or possession of private
property or from an agent of the person authorized to sign an
impound authorization, for or on account of the impounding
of a vehicle;
(b) Be beneficially interested in a contract, agreement, or
understanding that may be made by or between a person having control or possession of private property and an agent of
the person authorized to sign an impound authorization;
(c) Have a financial, equitable, or ownership interest in a
firm, partnership, association, or corporation whose functions
include acting as an agent or a representative of a property
owner for the purpose of signing impound authorizations.
(2) This section does not prohibit the registered tow
truck operator from collecting the costs of towing, storage, or
other services rendered during the course of towing, removing, impounding, or storing of an impounded vehicle as provided by RCW 46.55.120.
(3) A violation of this section is a gross misdemeanor.
[1992 c 18 § 1; 1989 c 111 § 4.]
Riding in towed vehicles: RCW 46.61.625.
Safety chains for towing: RCW 46.37.495.
46.55.037
46.55.037 Compensation for private impounds. A
registered tow truck operator may receive compensation from
a private property owner or agent for a private impound of an
unauthorized vehicle that has an approximate fair market
value equal only to the approximate value of the scrap in it.
The private property owner or an agent must authorize the
impound under RCW 46.55.080. The registered tow truck
operator shall process the vehicle in accordance with this
chapter and shall deduct any compensation received from the
private property owner or agent from the amount of the lien
on the vehicle in accordance with this chapter. [1992 c 18 §
2.]
46.55.040
46.55.040 Permit required—Inspections of equipment and facilities. (1) A registered operator shall apply for
and keep current a tow truck permit for each tow truck of
which the operator is the registered owner. Application for a
tow truck permit shall be accompanied by a report from the
Washington state patrol covering a physical inspection of
each tow truck capable of being used by the applicant.
(2) Upon receipt of the fee provided in RCW
46.55.030(4) and a satisfactory inspection report from the
state patrol, the department shall issue each tow truck an
annual tow truck permit or decal. The class of the tow truck,
determined according to RCW 46.55.050, shall be stamped
on the permit or decal. The permit or decal shall be displayed
on the passenger side of the truck's front windshield.
(3) A tow truck number from the department shall be
affixed in a permanent manner to each tow truck.
(2004 Ed.)
46.55.060
(4) The Washington state patrol shall conduct annual
inspections of tow truck operators' equipment and facilities
during the operators' normal business hours. Unscheduled
inspections may be conducted without notice at the operator's
place of business by an inspector to determine the fitness of a
tow truck or facilities. At the time of the inspection, the operator shall provide a paper copy of the master log referred to in
RCW 46.55.080.
(5) If at the time of the annual or subsequent inspections
the equipment does not meet the requirements of this chapter,
and the deficiency is a safety related deficiency, or the equipment is necessary to the truck's performance, the inspector
shall cause the registered tow truck operator to remove that
equipment from service as a tow truck until such time as the
equipment has been satisfactorily repaired. A red tag shall be
placed on the windshield of a tow truck taken out of service,
and the tow truck shall not provide tow truck service until the
Washington state patrol recertifies the truck and removes the
tag. [1989 c 111 § 5; 1985 c 377 § 4.]
46.55.050 Classification of trucks—Marking
requirements—Time and place of inspection—Penalty.
(1) Tow trucks shall be classified by towing capabilities, and
shall meet or exceed all equipment standards set by the state
patrol for the type of tow trucks to be used by an operator.
(2) All tow trucks shall display the firm's name, city of
address, and telephone number. This information shall be
painted on or permanently affixed to both sides of the vehicle
in accordance with rules adopted by the department.
(3) Before a tow truck is put into tow truck service, or
when the reinspection of a tow truck is necessary, the district
commander of the state patrol shall designate a location and
time for the inspection to be conducted. When practicable,
the inspection or reinspection shall be made within three
business days following the request by the operator.
(4) Failure to comply with any requirement of this section or rules adopted under it is a traffic infraction. [1987 c
330 § 740; 1985 c 377 § 5.]
46.55.050
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.55.060 Business location—Requirements. (1) The
address that the tow truck operator lists on his or her application shall be the business location of the firm where its files
are kept. Each separate business location requires a separate
registration under this chapter. The application shall also list
all locations of secure areas for vehicle storage and redemption.
(2) Before an additional lot may be used for vehicle storage, it must be inspected and approved by the state patrol.
The lot must also be inspected and approved on an annual
basis for continued use.
(3) Each business location must have a sign displaying
the firm's name that is readable from the street.
(4) At the business locations listed where vehicles may
be redeemed, the registered operator shall post in a conspicuous and accessible location:
(a) All pertinent licenses and permits to operate as a registered tow truck operator;
(b) The current towing and storage charges itemized on a
form approved by the department;
46.55.060
[Title 46 RCW—page 193]
46.55.063
Title 46 RCW: Motor Vehicles
(c) The vehicle redemption procedure and rights;
(d) Information supplied by the department as to where
complaints regarding either equipment or service are to be
directed;
(e) Information concerning the acceptance of commercially reasonable tender as defined in *RCW
46.55.120(1)(b).
(5) The department shall adopt rules concerning fencing
and security requirements of storage areas, which may provide for modifications or exemptions where needed to
achieve compliance with local zoning laws.
(6) On any day when the registered tow truck operator
holds the towing services open for business, the business
office shall remain open with personnel present who are able
to release impounded vehicles in accordance with this chapter and the rules adopted under it. The normal business hours
of a towing service shall be from 8:00 a.m. to 5:00 p.m. on
weekdays, excluding Saturdays, Sundays, and holidays.
(7) A registered tow truck operator shall maintain personnel who can be contacted twenty-four hours a day to
release impounded vehicles within a reasonable time.
(8) A registered operator shall provide access to a telephone for any person redeeming a vehicle, at the time of
redemption. [1989 c 111 § 6; 1987 c 311 § 3; 1985 c 377 § 6.]
*Reviser's note: RCW 46.55.120 was amended by 1999 c 398 § 7,
changing subsection (1)(b) to subsection (1)(e).
46.55.063
46.55.063 Fees, schedules, contracts, invoices. (1) An
operator shall file a fee schedule with the department. All
filed fees must be adequate to cover the costs of service provided. No fees may exceed those filed with the department.
At least ten days before the effective date of any change in an
operator's fee schedule, the registered tow truck operator
shall file the revised fee schedule with the department.
(2) Towing contracts with private property owners shall
be in written form and state the hours of authorization to
impound, the persons empowered to authorize the impounds,
and the present charge of a private impound for the classes of
tow trucks to be used in the impound, and must be retained in
the files of the registered tow truck operator for three years.
(3) A fee that is charged for tow truck service must be
calculated on an hourly basis, and after the first hour must be
charged to the nearest quarter hour.
(4) Fees that are charged for the storage of a vehicle, or
for other items of personal property registered or titled with
the department, must be calculated on a twenty-four hour
basis and must be charged to the nearest half day from the
time the vehicle arrived at the secure storage area. However,
items of personal property registered or titled with the department that are wholly contained within an impounded vehicle
are not subject to additional storage fees; they are, however,
subject to satisfying the underlying lien for towing and storage of the vehicle in which they are contained.
(5) All billing invoices that are provided to the redeemer
of the vehicle, or other items of personal property registered
or titled with the department, must be itemized so that the
individual fees are clearly discernable. [1995 c 360 § 3; 1989
c 111 § 7.]
[Title 46 RCW—page 194]
IMPOUNDING UNAUTHORIZED VEHICLES
46.55.070
46.55.070 Posting requirements—Exception. (1) No
person may impound, tow, or otherwise disturb any unauthorized vehicle standing on nonresidential private property or in
a public parking facility for less than twenty-four hours
unless a sign is posted near each entrance and on the property
in a clearly conspicuous and visible location to all who park
on such property that clearly indicates:
(a) The times a vehicle may be impounded as an unauthorized vehicle; and
(b) The name, telephone number, and address of the towing firm where the vehicle may be redeemed.
(2) The requirements of subsection (1) of this section do
not apply to residential property. Any person having charge
of such property may have an unauthorized vehicle
impounded immediately upon giving written authorization.
(3) The department shall adopt rules relating to the size
of the sign required by subsection (1) of this section, its lettering, placement, and the number required.
(4) This section applies to all new signs erected after July
1, 1986. All other signs must meet these requirements by July
1, 1989. [1987 c 311 § 4; 1985 c 377 § 7.]
46.55.075
46.55.075 Law enforcement impound—Required
form, procedures. (1) The Washington state patrol shall
provide by rule for a uniform impound authorization and
inventory form. All law enforcement agencies must use this
form for all vehicle impounds after June 30, 2001.
(2) By January 1, 2003, the Washington state patrol shall
develop uniform impound procedures, which must include
but are not limited to defining an impound and a visual
inspection. Local law enforcement agencies shall adopt the
procedures by July 1, 2003. [2002 c 279 § 5; 1999 c 398 § 3.]
46.55.080
46.55.080 Law enforcement impound, private
impound—Master log—Certain associations restricted.
(1) If a vehicle is in violation of the time restrictions of RCW
46.55.010(13), it may be impounded by a registered tow
truck operator at the direction of a law enforcement officer or
other public official with jurisdiction if the vehicle is on public property, or at the direction of the property owner or an
agent if it is on private property. A law enforcement officer
may also direct the impoundment of a vehicle pursuant to a
writ or court order.
(2) The person requesting a private impound or a law
enforcement officer or public official requesting a public
impound shall provide a signed authorization for the
impound at the time and place of the impound to the registered tow truck operator before the operator may proceed
with the impound. A registered tow truck operator, employee,
or his or her agent may not serve as an agent of a property
owner for the purposes of signing an impound authorization
or, independent of the property owner, identify a vehicle for
impound.
(3) In the case of a private impound, the impound authorization shall include the following statement: "A person
authorizing this impound, if the impound is found in violation
of chapter 46.55 RCW, may be held liable for the costs
incurred by the vehicle owner."
(2004 Ed.)
Towing and Impoundment
(4) A registered tow truck operator shall record and keep
in the operator's files the date and time that a vehicle is put in
the operator's custody and released. The operator shall make
an entry into a master log regarding transactions relating to
impounded vehicles. The operator shall make this master log
available, upon request, to representatives of the department
or the state patrol.
(5) A person who engages in or offers to engage in the
activities of a registered tow truck operator may not be associated in any way with a person or business whose main
activity is authorizing the impounding of vehicles. [1999 c
398 § 4; 1989 c 111 § 8; 1987 c 311 § 5; 1985 c 377 § 8.]
46.55.085
46.55.085 Law enforcement impound—Unauthorized vehicle in right of way. (1) A law enforcement officer
discovering an unauthorized vehicle left within a highway
right of way shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:
(a) The date and time the sticker was attached;
(b) The identity of the officer;
(c) A statement that if the vehicle is not removed within
twenty-four hours from the time the sticker is attached, the
vehicle may be taken into custody and stored at the owner's
expense;
(d) A statement that if the vehicle is not redeemed as provided in RCW 46.55.120, the registered owner will have
committed the traffic infraction of littering—abandoned
vehicle; and
(e) The address and telephone number where additional
information may be obtained.
(2) If the vehicle has current Washington registration
plates, the officer shall check the records to learn the identity
of the last owner of record. The officer or his department
shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.
(3) If the vehicle is not removed within twenty-four
hours from the time the notification sticker is attached, the
law enforcement officer may take custody of the vehicle and
provide for the vehicle's removal to a place of safety. A vehicle that does not pose a safety hazard may remain on the roadside for more than twenty-four hours if the owner or operator
is unable to remove it from the place where it is located and
so notifies law enforcement officials and requests assistance.
(4) For the purposes of this section a place of safety
includes the business location of a registered tow truck operator. [2002 c 279 § 6; 1993 c 121 § 1; 1987 c 311 § 6. Formerly RCW 46.52.170 and 46.52.180.]
46.55.090
46.55.090 Storage, return requirements—Personal
property—Combination endorsement for tow truck drivers—Viewing impounded vehicle. (1) All vehicles
impounded shall be taken to the nearest storage location that
has been inspected and is listed on the application filed with
the department.
(2) All vehicles shall be handled and returned in substantially the same condition as they existed before being towed.
(3) All personal belongings and contents in the vehicle,
with the exception of those items of personal property that are
(2004 Ed.)
46.55.100
registered or titled with the department, shall be kept intact,
and shall be returned to the vehicle's owner or agent during
normal business hours upon request and presentation of a
driver's license or other sufficient identification. Personal
belongings, with the exception of those items of personal
property that are registered or titled with the department,
shall not be sold at auction to fulfill a lien against the vehicle.
(4) All personal belongings, with the exception of those
items of personal property that are registered or titled with the
department, not claimed before the auction shall be turned
over to the local law enforcement agency to which the initial
notification of impoundment was given. Such personal
belongings shall be disposed of pursuant to chapter 63.32 or
63.40 RCW.
(5) Tow truck drivers shall have a Washington state
driver's license endorsed for the appropriate classification
under chapter 46.25 RCW or the equivalent issued by another
state.
(6) Any person who shows proof of ownership or written
authorization from the impounded vehicle's registered or
legal owner or the vehicle's insurer may view the vehicle
without charge during normal business hours. [1995 c 360 §
4; 1989 c 178 § 25; 1987 c 311 § 7; 1985 c 377 § 9.]
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
46.55.100
46.55.100 Impound notice—Abandoned vehicle
report—Owner information, liability—Disposition
report. (1) At the time of impoundment the registered tow
truck operator providing the towing service shall give immediate notification, by telephone or radio, to a law enforcement
agency having jurisdiction who shall maintain a log of such
reports. A law enforcement agency, or a private communication center acting on behalf of a law enforcement agency,
shall within six to twelve hours of the impoundment, provide
to a requesting operator the name and address of the legal and
registered owners of the vehicle, and the registered owner of
any personal property registered or titled with the department
that is attached to or contained in or on the impounded vehicle, the vehicle identification number, and any other necessary, pertinent information. The initial notice of impoundment shall be followed by a written or electronic facsimile
notice within twenty-four hours. In the case of a vehicle from
another state, time requirements of this subsection do not
apply until the requesting law enforcement agency in this
state receives the information.
(2) The operator shall immediately send an abandoned
vehicle report to the department for any vehicle, and for any
items of personal property registered or titled with the department, that are in the operator's possession after the one hundred twenty hour abandonment period. Such report need not
be sent when the impoundment is pursuant to a writ, court
order, or police hold that is not a suspended license impound.
The owner notification and abandonment process shall be initiated by the registered tow truck operator immediately following notification by a court or law enforcement officer that
the writ, court order, or police hold that is not a suspended
license impound is no longer in effect.
(3) Following the submittal of an abandoned vehicle
report, the department shall provide the registered tow truck
operator with owner information within seventy-two hours.
[Title 46 RCW—page 195]
46.55.105
Title 46 RCW: Motor Vehicles
(4) Within fourteen days of the sale of an abandoned
vehicle at public auction, the towing operator shall send a
copy of the abandoned vehicle report showing the disposition
of the abandoned vehicle and any other items of personal
property registered or titled with the department to the
department. The vehicle buyer information sent to the department on the abandoned vehicle report relieves the previous
owner of the vehicle from any civil or criminal liability for
the operation of the vehicle from the date of sale thereafter
and transfers full liability for the vehicle to the buyer. By January 1, 2003, the department shall create a system enabling
tow truck operators the option of sending the portion of the
abandoned vehicle report that contains the vehicle's buyer
information to the department electronically.
(5) If the operator sends an abandoned vehicle report to
the department and the department finds no owner information, an operator may proceed with an inspection of the vehicle and any other items of personal property registered or
titled with the department to determine whether owner identification is within the vehicle.
(6) If the operator finds no owner identification, the
operator shall immediately notify the appropriate law
enforcement agency, which shall search the vehicle and any
other items of personal property registered or titled with the
department for the vehicle identification number or other
appropriate identification numbers and check the necessary
records to determine the vehicle's or other property's owners.
[2002 c 279 § 9; 1999 c 398 § 5; 1998 c 203 § 9; 1995 c 360
§ 5; 1991 c 20 § 1; 1989 c 111 § 9; 1987 c 311 § 8; 1985 c 377
§ 10.]
Finding—1998 c 203: See note following RCW 46.55.105.
46.55.105
46.55.105 Responsibility of registered owner. (1) The
abandonment of any vehicle creates a prima facie presumption that the last registered owner of record is responsible for
the abandonment and is liable for costs incurred in removing,
storing, and disposing of the abandoned vehicle, less amounts
realized at auction.
(2) If an unauthorized vehicle is found abandoned under
subsection (1) of this section and removed at the direction of
law enforcement, the last registered owner of record is guilty
of the traffic infraction of "littering—abandoned vehicle,"
unless the vehicle is redeemed as provided in RCW
46.55.120. In addition to any other monetary penalty payable
under chapter 46.63 RCW, the court shall not consider all
monetary penalties as having been paid until the court is satisfied that the person found to have committed the infraction
has made restitution in the amount of the deficiency remaining after disposal of the vehicle under RCW 46.55.140.
(3) A vehicle theft report filed with a law enforcement
agency relieves the last registered owner of liability under
subsection (2) of this section for failure to redeem the vehicle. However, the last registered owner remains liable for the
costs incurred in removing, storing, and disposing of the
abandoned vehicle under subsection (1) of this section. Nothing in this section limits in any way the registered owner's
rights in a civil action or as restitution in a criminal action
against a person responsible for the theft of the vehicle.
(4) Properly filing a report of sale or transfer regarding
the vehicle involved in accordance with RCW 46.12.101(1)
[Title 46 RCW—page 196]
relieves the last registered owner of liability under subsections (1) and (2) of this section. If the date of sale as indicated
on the report of sale is on or before the date of impoundment,
the buyer identified on the latest properly filed report of sale
with the department is assumed liable for the costs incurred in
removing, storing, and disposing of the abandoned vehicle,
less amounts realized at auction. If the date of sale is after the
date of impoundment, the previous registered owner is
assumed to be liable for such costs. A licensed vehicle dealer
is not liable under subsections (1) and (2) of this section if the
dealer, as transferee or assignee of the last registered owner
of the vehicle involved, has complied with the requirements
of RCW 46.70.122 upon selling or otherwise disposing of the
vehicle, or if the dealer has timely filed a transitional ownership record or report of sale under RCW 46.12.103. In that
case the person to whom the licensed vehicle dealer has sold
or transferred the vehicle is assumed liable for the costs
incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction.
(5) For the purposes of reporting notices of traffic infraction to the department under RCW 46.20.270 and 46.52.101,
and for purposes of reporting notices of failure to appear,
respond, or comply regarding a notice of traffic infraction to
the department under RCW 46.63.070(6), a traffic infraction
under subsection (2) of this section is not considered to be a
standing, stopping, or parking violation.
(6) A notice of infraction for a violation of this section
may be filed with a court of limited jurisdiction organized
under Title 3, 35, or 35A RCW, or with a violations bureau
subject to the court's jurisdiction. [2002 c 279 § 10; 1999 c
86 § 5; 1998 c 203 § 2; 1995 c 219 § 4; 1993 c 314 § 1.]
Finding—1998 c 203: "The legislature finds that the license to drive a
motor vehicle on the public highways is suspended or revoked in order to
protect public safety following a driver's failure to comply with the laws of
this state. Over six hundred persons are killed in traffic accidents in Washington annually, and more than eighty-four thousand persons are injured. It
is estimated that of the three million four hundred thousand drivers' licenses
issued to citizens of Washington, more than two hundred sixty thousand are
suspended or revoked at any given time. Suspended drivers are more likely
to be involved in causing traffic accidents, including fatal accidents, than
properly licensed drivers, and pose a serious threat to the lives and property
of Washington residents. Statistics show that suspended drivers are three
times more likely to kill or seriously injure others in the commission of traffic felony offenses than are validly licensed drivers. In addition to not having
a driver's license, most such drivers also lack required liability insurance,
increasing the financial burden upon other citizens through uninsured losses
and higher insurance costs for validly licensed drivers. Because of the threat
posed by suspended drivers, all registered owners of motor vehicles in
Washington have a duty to not allow their vehicles to be driven by a suspended driver.
Despite the existence of criminal penalties for driving with a suspended
or revoked license, an estimated seventy-five percent of these drivers continue to drive anyway. Existing sanctions are not sufficient to deter or prevent persons with a suspended or revoked license from driving. It is common
for suspended drivers to resume driving immediately after being stopped,
cited, and released by a police officer and to continue to drive while a criminal prosecution for suspended driving is pending. More than half of all suspended drivers charged with the crime of driving while suspended or
revoked fail to appear for court hearings. Vehicle impoundment will provide
an immediate consequence which will increase deterrence and reduce unlawful driving by preventing a suspended driver access to that vehicle. Vehicle
impoundment will also provide an appropriate measure of accountability for
registered owners who permit suspended drivers to drive their vehicles.
Impoundment of vehicles driven by suspended drivers has been shown to
reduce future driving while suspended or revoked offenses for up to two
years afterwards, and the recidivism rate for drivers whose cars were not
impounded was one hundred percent higher than for drivers whose cars were
impounded. In order to adequately protect public safety and to enforce the
(2004 Ed.)
Towing and Impoundment
state's driver licensing laws, it is necessary to authorize the impoundment of
any vehicle when it is found to be operated by a driver with a suspended or
revoked license in violation of RCW 46.20.342 and 46.20.420. The
impoundment of a vehicle operated in violation of RCW 46.20.342 or
46.20.420 is intended to be a civil in rem action against the vehicle in order
to remove it from the public highways and reduce the risk posed to traffic
safety by a vehicle accessible to a driver who is reasonably believed to have
violated these laws." [1998 c 203 § 1.]
Suspension of driver's license for failure to respond to notice of traffic
infraction: RCW 46.20.289.
46.55.110
46.55.110 Notice to legal and registered owners. (1)
When an unauthorized vehicle is impounded, the impounding
towing operator shall notify the legal and registered owners
of the impoundment of the unauthorized vehicle and the owners of any other items of personal property registered or titled
with the department. The notification shall be sent by firstclass mail within twenty-four hours after the impoundment to
the last known registered and legal owners of the vehicle, and
the owners of any other items of personal property registered
or titled with the department, as provided by the law enforcement agency, and shall inform the owners of the identity of
the person or agency authorizing the impound. The notification shall include the name of the impounding tow firm, its
address, and telephone number. The notice shall also include
the location, time of the impound, and by whose authority the
vehicle was impounded. The notice shall also include the
written notice of the right of redemption and opportunity for
a hearing to contest the validity of the impoundment pursuant
to RCW 46.55.120.
(2) In addition, if a suspended license impound has been
ordered, the notice must state the length of the impound, the
requirement of the posting of a security deposit to ensure payment of the costs of removal, towing, and storage, notification that if the security deposit is not posted the vehicle will
immediately be processed and sold at auction as an abandoned vehicle, and the requirements set out in RCW
46.55.120(1)(b) regarding the payment of the costs of
removal, towing, and storage as well as providing proof of
satisfaction of any penalties, fines, or forfeitures before
redemption. The notice must also state that the registered
owner is ineligible to purchase the vehicle at the abandoned
vehicle auction, if held.
(3) In the case of an abandoned vehicle, or other item of
personal property registered or titled with the department,
within twenty-four hours after receiving information on the
owners from the department through the abandoned vehicle
report, the tow truck operator shall send by certified mail,
with return receipt requested, a notice of custody and sale to
the legal and registered owners and of the penalties for the
traffic infraction littering—abandoned vehicle.
(4) If the date on which a notice required by subsection
(3) of this section is to be mailed falls upon a Saturday, Sunday, or a postal holiday, the notice may be mailed on the next
day that is neither a Saturday, Sunday, nor a postal holiday.
(5) No notices need be sent to the legal or registered
owners of an impounded vehicle or other item of personal
property registered or titled with the department, if the vehicle or personal property has been redeemed. [2002 c 279 §
11; 1999 c 398 § 6; 1998 c 203 § 3; 1995 c 360 § 6; 1989 c
111 § 10; 1987 c 311 § 9; 1985 c 377 § 11.]
Finding—1998 c 203: See note following RCW 46.55.105.
(2004 Ed.)
46.55.113
46.55.113
46.55.113 Removal by police officer. (1) Whenever
the driver of a vehicle is arrested for a violation of RCW
46.61.502, 46.61.504, 46.20.342, or 46.20.345, the vehicle is
subject to summary impoundment, pursuant to the terms and
conditions of an applicable local ordinance or state agency
rule at the direction of a law enforcement officer.
(2) In addition, a police officer may take custody of a
vehicle, at his or her discretion, and provide for its prompt
removal to a place of safety under any of the following circumstances:
(a) Whenever a police officer finds a vehicle standing
upon the roadway in violation of any of the provisions of
RCW 46.61.560, the officer may provide for the removal of
the vehicle or require the driver or other person in charge of
the vehicle to move the vehicle to a position off the roadway;
(b) Whenever a police officer finds a vehicle unattended
upon a highway where the vehicle constitutes an obstruction
to traffic or jeopardizes public safety;
(c) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle
involved in an accident is physically or mentally incapable of
deciding upon steps to be taken to protect his or her property;
(d) Whenever the driver of a vehicle is arrested and taken
into custody by a police officer;
(e) Whenever a police officer discovers a vehicle that the
officer determines to be a stolen vehicle;
(f) Whenever a vehicle without a special license plate,
card, or decal indicating that the vehicle is being used to
transport a disabled person under RCW 46.16.381 is parked
in a stall or space clearly and conspicuously marked under
RCW 46.61.581 which space is provided on private property
without charge or on public property;
(g) Upon determining that a person is operating a motor
vehicle without a valid driver's license in violation of RCW
46.20.005 or with a license that has been expired for ninety
days or more;
(h) When a vehicle is illegally occupying a truck, commercial loading zone, restricted parking zone, bus, loading,
hooded-meter, taxi, street construction or maintenance, or
other similar zone where, by order of the director of transportation or chiefs of police or fire or their designees, parking is
limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at all times, if the
zone has been established with signage for at least twentyfour hours and where the vehicle is interfering with the
proper and intended use of the zone. Signage must give
notice to the public that a vehicle will be removed if illegally
parked in the zone.
(3) When an arrest is made for a violation of RCW
46.20.342, if the vehicle is a commercial vehicle and the
driver of the vehicle is not the owner of the vehicle, before
the summary impoundment directed under subsection (1) of
this section, the police officer shall attempt in a reasonable
and timely manner to contact the owner of the vehicle and
may release the vehicle to the owner if the owner is reasonably available, as long as the owner was not in the vehicle at
the time of the stop and arrest and the owner has not received
a prior release under this subsection or RCW
46.55.120(1)(a)(ii).
(4) Nothing in this section may derogate from the powers
of police officers under the common law. For the purposes of
[Title 46 RCW—page 197]
46.55.115
Title 46 RCW: Motor Vehicles
this section, a place of safety may include the business location of a registered tow truck operator. [2003 c 178 § 1; 2003
c 177 § 1; 1998 c 203 § 4; 1997 c 66 § 7; 1996 c 89 § 1; 1994
c 275 § 32; 1987 c 311 § 10. Formerly RCW 46.61.565.]
Reviser's note: This section was amended by 2003 c 177 § 1 and by
2003 c 178 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Finding—1998 c 203: See note following RCW 46.55.105.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.55.115
46.55.115 State patrol—Appointment of towing
operators—Lien for costs—Appeal. The Washington state
patrol, under its authority to remove vehicles from the highway, may remove the vehicles directly, through towing operators appointed by the state patrol and called on a rotational
or other basis, through contracts with towing operators, or by
a combination of these methods. When removal is to be
accomplished through a towing operator on a noncontractual
basis, the state patrol may appoint any towing operator for
this purpose upon the application of the operator. Each
appointment shall be contingent upon the submission of an
application to the state patrol and the making of subsequent
reports in such form and frequency and compliance with such
standards of equipment, performance, pricing, and practices
as may be required by rule of the state patrol.
An appointment may be rescinded by the state patrol
upon evidence that the appointed towing operator is not complying with the laws or rules relating to the removal and storage of vehicles from the highway. The state patrol may not
rescind an appointment merely because a registered tow truck
operator negotiates a different rate for voluntary, ownerrequested towing than for involuntary towing under this
chapter. The costs of removal and storage of vehicles under
this section shall be paid by the owner or driver of the vehicle
and shall be a lien upon the vehicle until paid, unless the
removal is determined to be invalid.
Rules promulgated under this section shall be binding
only upon those towing operators appointed by the state
patrol for the purpose of performing towing services at the
request of the Washington state patrol. Any person aggrieved
by a decision of the state patrol made under this section may
appeal the decision under chapter 34.05 RCW. [1993 c 121 §
2; 1987 c 330 § 744; 1979 ex.s. c 178 § 22; 1977 ex.s. c 167
§ 5. Formerly RCW 46.61.567.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1979 ex.s. c 178: See note following RCW 46.61.590.
REDEMPTION RIGHTS AND HEARING PROCEDURES
46.55.120
46.55.120 Redemption of vehicles—Sale of unredeemed property—Improper impoundment. (1) Vehicles
or other items of personal property registered or titled with
the department that are impounded by registered tow truck
operators pursuant to RCW 46.55.080, 46.55.085, 46.55.113,
or 9A.88.140 may be redeemed only under the following circumstances:
(a) Only the legal owner, the registered owner, a person
authorized in writing by the registered owner or the vehicle's
[Title 46 RCW—page 198]
insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the
vehicle or other item of personal property registered or titled
with the department, or one who has purchased a vehicle or
item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor,
may redeem an impounded vehicle or items of personal property registered or titled with the department. In addition, a
vehicle impounded because the operator is in violation of
RCW 46.20.342(1)(c) shall not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the
requirements of (e) of this subsection, including paying all
towing, removal, and storage fees, notwithstanding the fact
that the hold was ordered by a government agency. If the
department's records show that the operator has been convicted of a violation of RCW 46.20.342 or a similar local
ordinance within the past five years, the vehicle may be held
for up to thirty days at the written direction of the agency
ordering the vehicle impounded. A vehicle impounded
because the operator is arrested for a violation of RCW
46.20.342 may be released only pursuant to a written order
from the agency that ordered the vehicle impounded or from
the court having jurisdiction. An agency may issue a written
order to release pursuant to a provision of an applicable state
agency rule or local ordinance authorizing release on the
basis of the following:
(i) Economic or personal hardship to the spouse of the
operator, taking into consideration public safety factors,
including the operator's criminal history and driving record;
or
(ii) The owner of the vehicle was not the driver, the
owner did not know that the driver's license was suspended or
revoked, and the owner has not received a prior release under
this subsection or RCW 46.55.113(3).
In order to avoid discriminatory application, other than
for the reasons for release set forth in (a)(i) and (ii) of this
subsection, an agency shall, under a provision of an applicable state agency rule or local ordinance, deny release in all
other circumstances without discretion.
If a vehicle is impounded because the operator is in violation of RCW 46.20.342(1) (a) or (b), the vehicle may be
held for up to thirty days at the written direction of the agency
ordering the vehicle impounded. However, if the department's records show that the operator has been convicted of a
violation of RCW 46.20.342(1) (a) or (b) or a similar local
ordinance within the past five years, the vehicle may be held
at the written direction of the agency ordering the vehicle
impounded for up to sixty days, and for up to ninety days if
the operator has two or more such prior offenses. If a vehicle
is impounded because the operator is arrested for a violation
of RCW 46.20.342, the vehicle may not be released until a
person eligible to redeem it under this subsection (1)(a) satisfies the requirements of (e) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the
fact that the hold was ordered by a government agency.
(b) If the vehicle is directed to be held for a suspended
license impound, a person who desires to redeem the vehicle
at the end of the period of impound shall within five days of
the impound at the request of the tow truck operator pay a
security deposit to the tow truck operator of not more than
(2004 Ed.)
Towing and Impoundment
one-half of the applicable impound storage rate for each day
of the proposed suspended license impound. The tow truck
operator shall credit this amount against the final bill for
removal, towing, and storage upon redemption. The tow
truck operator may accept other sufficient security in lieu of
the security deposit. If the person desiring to redeem the
vehicle does not pay the security deposit or provide other
security acceptable to the tow truck operator, the tow truck
operator may process and sell at auction the vehicle as an
abandoned vehicle within the normal time limits set out in
RCW 46.55.130(1). The security deposit required by this
section may be paid and must be accepted at any time up to
twenty-four hours before the beginning of the auction to sell
the vehicle as abandoned. The registered owner is not eligible to purchase the vehicle at the auction, and the tow truck
operator shall sell the vehicle to the highest bidder who is not
the registered owner.
(c) Notwithstanding (b) of this subsection, a rental car
business may immediately redeem a rental vehicle it owns by
payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license
impound.
(d) Notwithstanding (b) of this subsection, a motor vehicle dealer or lender with a perfected security interest in the
vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended
license impound. A motor vehicle dealer or lender with a
perfected security interest in the vehicle may not knowingly
and intentionally engage in collusion with a registered owner
to repossess and then return or resell a vehicle to the registered owner in an attempt to avoid a suspended license
impound. However, this provision does not preclude a vehicle dealer or a lender with a perfected security interest in the
vehicle from repossessing the vehicle and then selling, leasing, or otherwise disposing of it in accordance with chapter
62A.9A RCW, including providing redemption rights to the
debtor under RCW 62A.9A-623. If the debtor is the registered owner of the vehicle, the debtor's right to redeem the
vehicle under chapter 62A.9A RCW is conditioned upon the
debtor obtaining and providing proof from the impounding
authority or court having jurisdiction that any fines, penalties,
and forfeitures owed by the registered owner, as a result of
the suspended license impound, have been paid, and proof of
the payment must be tendered to the vehicle dealer or lender
at the time the debtor tenders all other obligations required to
redeem the vehicle. Vehicle dealers or lenders are not liable
for damages if they rely in good faith on an order from the
impounding agency or a court in releasing a vehicle held
under a suspended license impound.
(e) The vehicle or other item of personal property registered or titled with the department shall be released upon the
presentation to any person having custody of the vehicle of
commercially reasonable tender sufficient to cover the costs
of towing, storage, or other services rendered during the
course of towing, removing, impounding, or storing any such
vehicle, with credit being given for the amount of any security deposit paid under (b) of this subsection. In addition, if a
vehicle is impounded because the operator was arrested for a
violation of RCW 46.20.342 or 46.20.345 and was being
operated by the registered owner when it was impounded
(2004 Ed.)
46.55.120
under local ordinance or agency rule, it must not be released
to any person until the registered owner establishes with the
agency that ordered the vehicle impounded or the court having jurisdiction that any penalties, fines, or forfeitures owed
by him or her have been satisfied. Registered tow truck operators are not liable for damages if they rely in good faith on
an order from the impounding agency or a court in releasing
a vehicle held under a suspended license impound. Commercially reasonable tender shall include, without limitation,
cash, major bank credit cards issued by financial institutions,
or personal checks drawn on Washington state branches of
financial institutions if accompanied by two pieces of valid
identification, one of which may be required by the operator
to have a photograph. If the towing firm cannot determine
through the customer's bank or a check verification service
that the presented check would be paid by the bank or guaranteed by the service, the towing firm may refuse to accept
the check. Any person who stops payment on a personal
check or credit card, or does not make restitution within ten
days from the date a check becomes insufficient due to lack
of funds, to a towing firm that has provided a service pursuant
to this section or in any other manner defrauds the towing
firm in connection with services rendered pursuant to this
section shall be liable for damages in the amount of twice the
towing and storage fees, plus costs and reasonable attorney's
fees.
(2)(a) The registered tow truck operator shall give to
each person who seeks to redeem an impounded vehicle, or
item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a
form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the
towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided.
(b) Any person seeking to redeem an impounded vehicle
under this section has a right to a hearing in the district or
municipal court for the jurisdiction in which the vehicle was
impounded to contest the validity of the impoundment or the
amount of towing and storage charges. The district court has
jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents.
The municipal court has jurisdiction to determine the issues
involving impoundments authorized by agents of the municipality. Any request for a hearing shall be made in writing on
the form provided for that purpose and must be received by
the appropriate court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section and
more than five days before the date of the auction. At the
time of the filing of the hearing request, the petitioner shall
pay to the court clerk a filing fee in the same amount required
for the filing of a suit in district court. If the hearing request
is not received by the court within the ten-day period, the
right to a hearing is waived and the registered owner is liable
for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing
request, the court shall proceed to hear and determine the
validity of the impoundment.
(3)(a) The court, within five days after the request for a
hearing, shall notify the registered tow truck operator, the
[Title 46 RCW—page 199]
46.55.130
Title 46 RCW: Motor Vehicles
person requesting the hearing if not the owner, the registered
and legal owners of the vehicle or other item of personal
property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.
(b) At the hearing, the person or persons requesting the
hearing may produce any relevant evidence to show that the
impoundment, towing, or storage fees charged were not
proper. The court may consider a written report made under
oath by the officer who authorized the impoundment in lieu
of the officer's personal appearance at the hearing.
(c) At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the
posted rates, and who is responsible for payment of the fees.
The court may not adjust fees or charges that are in compliance with the posted or contracted rates.
(d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did
not have a signed and valid impoundment authorization from
a private property owner or an authorized agent.
(e) If the impoundment is determined to be in violation
of this chapter, then the registered and legal owners of the
vehicle or other item of personal property registered or titled
with the department shall bear no impoundment, towing, or
storage fees, and any security shall be returned or discharged
as appropriate, and the person or agency who authorized the
impoundment shall be liable for any towing, storage, or other
impoundment fees permitted under this chapter. The court
shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for
the impoundment, towing, and storage fees paid. In addition,
the court shall enter judgment in favor of the registered and
legal owners of the vehicle, or other item of personal property
registered or titled with the department, for the amount of the
filing fee required by law for the impound hearing petition as
well as reasonable damages for loss of the use of the vehicle
during the time the same was impounded against the person
or agency authorizing the impound. However, if an
impoundment arising from an alleged violation of RCW
46.20.342 or 46.20.345 is determined to be in violation of this
chapter, then the law enforcement officer directing the
impoundment and the government employing the officer are
not liable for damages if the officer relied in good faith and
without gross negligence on the records of the department in
ascertaining that the operator of the vehicle had a suspended
or revoked driver's license. If any judgment entered is not
paid within fifteen days of notice in writing of its entry, the
court shall award reasonable attorneys' fees and costs against
the defendant in any action to enforce the judgment. Notice
of entry of judgment may be made by registered or certified
mail, and proof of mailing may be made by affidavit of the
party mailing the notice. Notice of the entry of the judgment
shall read essentially as follows:
TO: . . . . . .
YOU ARE HEREBY NOTIFIED JUDGMENT was
entered against you in the . . . . . . Court located at
. . . . . . in the sum of $. . . . . ., in an action entitled
[Title 46 RCW—page 200]
. . . . . ., Case No. . . . . YOU ARE FURTHER
NOTIFIED that attorneys fees and costs will be
awarded against you under RCW . . . if the judgment
is not paid within 15 days of the date of this notice.
DATED this . . . . day of . . . . . ., (year) . . .
Signature . . . . . . . . . .
Typed name and address
of party mailing notice
(4) Any impounded abandoned vehicle or item of personal property registered or titled with the department that is
not redeemed within fifteen days of mailing of the notice of
custody and sale as required by RCW 46.55.110(3) shall be
sold at public auction in accordance with all the provisions
and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the
department may be redeemed at any time before the start of
the auction upon payment of the applicable towing and storage fees. [2004 c 250 § 1; 2003 c 177 § 2; 2000 c 193 § 1.
Prior: 1999 c 398 § 7; 1999 c 327 § 5; 1998 c 203 § 5; 1996
c 89 § 2; 1995 c 360 § 7; 1993 c 121 § 3; 1989 c 111 § 11;
1987 c 311 § 12; 1985 c 377 § 12.]
Findings—Intent—1999 c 327: See note following RCW 9A.88.130.
Finding—1998 c 203: See note following RCW 46.55.105.
46.55.130
46.55.130 Notice requirements—Public auction—
Accumulation of storage charges. (1) If, after the expiration of fifteen days from the date of mailing of notice of custody and sale required in RCW 46.55.110(3) to the registered
and legal owners, the vehicle remains unclaimed and has not
been listed as a stolen vehicle, or a suspended license
impound has been directed, but no security paid under RCW
46.55.120, then the registered tow truck operator having custody of the vehicle shall conduct a sale of the vehicle at public
auction after having first published a notice of the date, place,
and time of the auction in a newspaper of general circulation
in the county in which the vehicle is located not less than
three days and no more than ten days before the date of the
auction. The notice shall contain a description of the vehicle
including the make, model, year, and license number and a
notification that a three-hour public viewing period will be
available before the auction. The auction shall be held during
daylight hours of a normal business day.
(2) The following procedures are required in any public
auction of such abandoned vehicles:
(a) The auction shall be held in such a manner that all
persons present are given an equal time and opportunity to
bid;
(b) All bidders must be present at the time of auction
unless they have submitted to the registered tow truck operator, who may or may not choose to use the preauction bid
method, a written bid on a specific vehicle. Written bids may
be submitted up to five days before the auction and shall
clearly state which vehicle is being bid upon, the amount of
the bid, and who is submitting the bid;
(c) The open bid process, including all written bids, shall
be used so that everyone knows the dollar value that must be
exceeded;
(d) The highest two bids received shall be recorded in
written form and shall include the name, address, and telephone number of each such bidder;
(2004 Ed.)
Towing and Impoundment
(e) In case the high bidder defaults, the next bidder has
the right to purchase the vehicle for the amount of his or her
bid;
(f) The successful bidder shall apply for title within fifteen days;
(g) The registered tow truck operator shall post a copy of
the auction procedure at the bidding site. If the bidding site is
different from the licensed office location, the operator shall
post a clearly visible sign at the office location that describes
in detail where the auction will be held. At the bidding site a
copy of the newspaper advertisement that lists the vehicles
for sale shall be posted;
(h) All surplus moneys derived from the auction after
satisfaction of the registered tow truck operator's lien shall be
remitted within thirty days to the department for deposit in
the state motor vehicle fund. A report identifying the vehicles
resulting in any surplus shall accompany the remitted funds.
If the director subsequently receives a valid claim from the
registered vehicle owner of record as determined by the
department within one year from the date of the auction, the
surplus moneys shall be remitted to such owner;
(i) If an operator receives no bid, or if the operator is the
successful bidder at auction, the operator shall, within fortyfive days, sell the vehicle to a licensed vehicle wrecker, hulk
hauler, or scrap processor by use of the abandoned vehicle
report-affidavit of sale, or the operator shall apply for title to
the vehicle.
(3) A tow truck operator may refuse to accept a bid at an
abandoned vehicle auction under this section for any reason
in the operator's posted operating procedures and for any of
the following reasons: (a) The bidder is currently indebted to
the operator; (b) the operator has knowledge that the bidder
has previously abandoned vehicles purchased at auction; or
(c) the bidder has purchased, at auction, more than four vehicles in the last calendar year without obtaining title to any or
all of the vehicles. In no case may an operator hold a vehicle
for longer than ninety days without holding an auction on the
vehicle, except for vehicles that are under a police or judicial
hold.
(4)(a) In no case may the accumulation of storage
charges exceed fifteen days from the date of receipt of the
information by the operator from the department as provided
by RCW 46.55.110(3).
(b) The failure of the registered tow truck operator to
comply with the time limits provided in this chapter limits the
accumulation of storage charges to five days except where
delay is unavoidable. Providing incorrect or incomplete identifying information to the department in the abandoned vehicle report shall be considered a failure to comply with these
time limits if correct information is available. However, storage charges begin to accrue again on the date the correct and
complete information is provided to the department by the
registered tow truck operator. [2002 c 279 § 12; 2000 c 193
§ 2; 1998 c 203 § 6; 1989 c 111 § 12; 1987 c 311 § 13; 1985
c 377 § 13.]
Finding—1998 c 203: See note following RCW 46.55.105.
46.55.140
46.55.140 Operator's lien, deficiency claim, liability.
(1) A registered tow truck operator who has a valid and
signed impoundment authorization has a lien upon the
(2004 Ed.)
46.55.150
impounded vehicle for services provided in the towing and
storage of the vehicle, unless the impoundment is determined
to have been invalid. The lien does not apply to personal
property in or upon the vehicle that is not permanently
attached to or is not an integral part of the vehicle except for
items of personal property registered or titled with the department. The registered tow truck operator also has a deficiency
claim against the registered owner of the vehicle for services
provided in the towing and storage of the vehicle not to
exceed the sum of five hundred dollars after deduction of the
amount bid at auction, and for vehicles of over ten thousand
pounds gross vehicle weight, the operator has a deficiency
claim of one thousand dollars after deduction of the amount
bid at auction, unless the impound is determined to be
invalid. The limitation on towing and storage deficiency
claims does not apply to an impound directed by a law
enforcement officer. In no case may the cost of the auction or
a buyer's fee be added to the amount charged for the vehicle
at the auction, the vehicle's lien, or the overage due. A registered owner who has completed and filed with the department
the seller's report as provided for by RCW 46.12.101 and has
timely and properly filed the seller's report is relieved of liability under this section. The person named as the new owner
of the vehicle on the timely and properly filed seller's report
shall assume liability under this section.
(2) Any person who tows, removes, or otherwise disturbs
any vehicle parked, stalled, or otherwise left on privately
owned or controlled property, and any person owning or controlling the private property, or either of them, are liable to
the owner or operator of a vehicle, or each of them, for consequential and incidental damages arising from any interference with the ownership or use of the vehicle which does not
comply with the requirements of this chapter. [1995 c 360 §
8; 1992 c 200 § 1; 1991 c 20 § 2; 1989 c 111 § 13; 1987 c 311
§ 14; 1985 c 377 § 14.]
RECORDS, INSPECTIONS, AND ENFORCEMENT
46.55.150
46.55.150 Vehicle transaction file. The registered tow
truck operator shall keep a transaction file on each vehicle.
The transaction file shall contain as a minimum those of the
following items that are required at the time the vehicle is
redeemed or becomes abandoned and is sold at a public auction:
(1) A signed impoundment authorization as required by
RCW 46.55.080;
(2) A record of the twenty-four hour written impound
notice to a law enforcement agency;
(3) A copy of the impoundment notification to registered
and legal owners, sent within twenty-four hours of impoundment, that advises the owners of the address of the impounding firm, a twenty-four hour telephone number, and the name
of the person or agency under whose authority the vehicle
was impounded;
(4) A copy of the abandoned vehicle report that was sent
to and returned by the department;
(5) A copy and proof of mailing of the notice of custody
and sale sent by the registered tow truck operator to the owners advising them they have fifteen days to redeem the vehicle before it is sold at public auction;
(6) A copy of the published notice of public auction;
[Title 46 RCW—page 201]
46.55.160
Title 46 RCW: Motor Vehicles
(7) A copy of the affidavit of sale showing the sales date,
purchaser, amount of the lien, and sale price;
(8) A record of the two highest bid offers on the vehicle,
with the names, addresses, and telephone numbers of the two
bidders;
(9) A copy of the notice of opportunity for hearing given
to those who redeem vehicles;
(10) An itemized invoice of charges against the vehicle.
The transaction file shall be kept for a minimum of three
years. [1989 c 111 § 14; 1987 c 311 § 15; 1985 c 377 § 15.]
46.55.160
46.55.160 Availability of records, equipment, and
facilities for audit and inspection. Records, equipment, and
facilities of a registered tow truck operator shall be available
during normal business hours for audit or inspection by the
department of licensing, the Washington state patrol, or any
law enforcement agency having jurisdiction. [1985 c 377 §
16.]
46.55.170
46.55.170 Complaints, where forwarded. (1) All law
enforcement agencies or local licensing agencies that receive
complaints involving registered tow truck operators shall forward the complaints, along with any supporting documents
including all results from local investigations, to the department.
(2) Complaints involving deficiencies of equipment shall
be forwarded by the department to the state patrol. [1987 c
330 § 741; 1985 c 377 § 17.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
46.55.180
46.55.180 Presiding officer at licensing hearing. The
director or the chief of the state patrol may use a hearing
officer or administrative law judge for presiding over a hearing regarding licensing provisions under this chapter or rules
adopted under it. [1989 c 111 § 15; 1987 c 330 § 742; 1985
c 377 § 18.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
son or public official having control over the property on
which the unauthorized vehicle was found;
(2) Forging the signature of the registered or legal owner
on a certificate of title, or forging the signature of any authorized person on documents pertaining to unauthorized or
abandoned vehicles or automobile hulks;
(3) Failing to comply with the statutes and rules relating
to the processing and sale of abandoned vehicles;
(4) Failing to accept bids on any abandoned vehicle
offered at public sale;
(5) Failing to transmit to the state surplus funds derived
from the sale of an abandoned vehicle;
(6) Selling, disposing of, or having in his possession,
without notifying law enforcement officials, a vehicle that he
knows or has reason to know has been stolen or illegally
appropriated without the consent of the owner;
(7) Failing to comply with the statutes and rules relating
to the transfer of ownership of vehicles or other procedures
after public sale; or
(8) Failing to pay any civil monetary penalty assessed by
the director pursuant to this section within ten days after the
assessment becomes final.
All orders by the director made under this chapter are
subject to the Administrative Procedure Act, chapter 34.05
RCW. [1989 c 111 § 16; 1985 c 377 § 20.]
46.55.210
46.55.210 Cease and desist order. Whenever it
appears to the director that any registered tow truck operator
or a person offering towing services has engaged in or is
about to engage in any act or practice constituting a violation
of any provision of this chapter or any rule adopted hereunder, the director may issue an order directing the operator or
person to cease and desist from continuing the act or practice.
Reasonable notice of and opportunity for a hearing shall be
given. The director may issue a temporary order pending a
hearing. The temporary order shall remain in effect until ten
days after the hearing is held and shall become final if the
person to whom notice is addressed does not request a hearing within fifteen days after the receipt of notice. [1987 c 311
§ 17; 1985 c 377 § 21.]
46.55.190
46.55.190 Rules. The director, in cooperation with the
chief of the Washington state patrol, shall adopt rules that
carry out the provisions and intent of this chapter. [1985 c
377 § 19.]
46.55.200
46.55.200 Penalties for certain acts or omissions. A
registered tow truck operator's license may be denied, suspended, or revoked, or the licensee may be ordered to pay a
monetary penalty of a civil nature, not to exceed one thousand dollars per violation, or the licensee may be subjected to
any combination of license and monetary penalty, whenever
the director has reason to believe the licensee has committed,
or is at the time committing, a violation of this chapter or
rules adopted under it or any other statute or rule relating to
the title or disposition of vehicles or vehicle hulks, including
but not limited to:
(1) Towing any abandoned vehicle without first obtaining and having in the operator's possession at all times while
transporting it, appropriate evidence of ownership or an
impound authorization properly executed by the private per[Title 46 RCW—page 202]
46.55.220
46.55.220 Refusal to issue license, grounds for. If an
application for a license to conduct business as a registered
tow truck operator is filed by any person whose license has
previously been canceled for cause by the department, or if
the department is of the opinion that the application is not
filed in good faith or that the application is filed by some person as a subterfuge for the real person in interest whose
license has previously been canceled for cause, the department, after a hearing, of which the applicant has been given
twenty days' notice in writing and at which the applicant may
appear in person or by counsel and present testimony, may
refuse to issue such a person a license to conduct business as
a registered tow truck operator. [1987 c 311 § 18; 1985 c 377
§ 22.]
JUNK VEHICLE DISPOSITION
46.55.230
46.55.230 Junk vehicles—Removal, disposal, sale—
Penalties—Cleanup restitution payment. (1)(a) Notwith(2004 Ed.)
Towing and Impoundment
standing any other provision of law, any law enforcement
officer having jurisdiction, or any employee or officer of a
jurisdictional health department acting pursuant to RCW
70.95.240, or any person authorized by the director shall
inspect and may authorize the disposal of an abandoned junk
vehicle. The person making the inspection shall record the
make and vehicle identification number or license number of
the vehicle if available, and shall also verify that the approximate value of the junk vehicle is equivalent only to the
approximate value of the parts.
(b) A tow truck operator may authorize the disposal of an
abandoned junk vehicle if the vehicle has been abandoned
two or more times, the registered ownership information has
not changed since the first abandonment, and the registered
owner is also the legal owner.
(2) The law enforcement officer or department representative shall provide information on the vehicle's registered
and legal owner to the landowner.
(3) Upon receiving information on the vehicle's registered and legal owner, the landowner shall mail a notice to the
registered and legal owners shown on the records of the
department. The notification shall describe the redemption
procedure and the right to arrange for the removal of the vehicle.
(4) If the vehicle remains unclaimed more than fifteen
days after the landowner has mailed notification to the registered and legal owner, the landowner may dispose of the
vehicle or sign an affidavit of sale to be used as a title document.
(5) If no information on the vehicle's registered and legal
owner is found in the records of the department, the landowner may immediately dispose of the vehicle or sign an affidavit of sale to be used as a title document.
(6) It is a gross misdemeanor for a person to abandon a
junk vehicle on property. If a junk vehicle is abandoned, the
vehicle's registered owner shall also pay a cleanup restitution
payment equal to twice the costs incurred in the removal of
the junk vehicle. The court shall distribute one-half of the restitution payment to the landowner of the property upon which
the junk vehicle is located, and one-half of the restitution
payment to the law enforcement agency or jurisdictional
health department investigating the incident.
(7) For the purposes of this section, the term "landowner" includes a legal owner of private property, a person
with possession or control of private property, or a public
official having jurisdiction over public property.
(8) A person complying in good faith with the requirements of this section is immune from any liability arising out
of an action taken or omission made in the compliance.
[2002 c 279 § 13; 2001 c 139 § 3; 2000 c 154 § 4; 1991 c 292
§ 2; 1987 c 311 § 19; 1985 c 377 § 23.]
Severability—2000 c 154: See note following RCW 70.93.030.
LOCAL REGULATION
46.55.240 Local ordinances—Requirements. (1) A
city, town, or county that adopts an ordinance or resolution
concerning unauthorized, abandoned, or impounded vehicles
shall include the applicable provisions of this chapter.
(a) A city, town, or county may, by ordinance, authorize
other impound situations that may arise locally upon the pub46.55.240
(2004 Ed.)
46.55.240
lic right-of-way or other publicly owned or controlled property.
(b) A city, town, or county ordinance shall contain language that establishes a written form of authorization to
impound, which may include a law enforcement notice of
infraction or citation, clearly denoting the agency's authorization to impound.
(c) A city, town, or county may, by ordinance, provide
for release of an impounded vehicle by means of a promissory note in lieu of immediate payment, if at the time of
redemption the legal or registered owner requests a hearing
on the validity of the impoundment. If the municipal ordinance directs the release of an impounded vehicle before the
payment of the impoundment charges, the municipality is
responsible for the payment of those charges to the registered
tow truck operator within thirty days of the hearing date.
(d) The hearing specified in RCW 46.55.120(2) and in
this section may be conducted by an administrative hearings
officer instead of in the district court. A decision made by an
administrative hearing officer may be appealed to the district
court for final judgment.
(2) A city, town, or county may adopt an ordinance
establishing procedures for the abatement and removal as
public nuisances of junk vehicles or parts thereof from private property. Costs of removal may be assessed against the
registered owner of the vehicle if the identity of the owner
can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101, or the
costs may be assessed against the owner of the property on
which the vehicle is stored. A city, town, or county may also
provide for the payment to the tow truck operator or wrecker
as a part of a neighborhood revitalization program.
(3) Ordinances pertaining to public nuisances shall contain:
(a) A provision requiring notice to the last registered
owner of record and the property owner of record that a hearing may be requested and that if no hearing is requested, the
vehicle will be removed;
(b) A provision requiring that if a request for a hearing is
received, a notice giving the time, location, and date of the
hearing on the question of abatement and removal of the
vehicle or part thereof as a public nuisance shall be mailed,
by certified mail, with a five-day return receipt requested, to
the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record
unless the vehicle is in such condition that identification
numbers are not available to determine ownership;
(c) A provision that the ordinance shall not apply to (i) a
vehicle or part thereof that is completely enclosed within a
building in a lawful manner where it is not visible from the
street or other public or private property or (ii) a vehicle or
part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed
dismantler or licensed vehicle dealer and is fenced according
to RCW 46.80.130;
(d) A provision that the owner of the land on which the
vehicle is located may appear in person at the hearing or
present a written statement in time for consideration at the
hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land
[Title 46 RCW—page 203]
46.55.900
Title 46 RCW: Motor Vehicles
without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the local agency
shall not assess costs of administration or removal of the
vehicle against the property upon which the vehicle is located
or otherwise attempt to collect the cost from the owner;
(e) A provision that after notice has been given of the
intent of the city, town, or county to dispose of the vehicle
and after a hearing, if requested, has been held, the vehicle or
part thereof shall be removed at the request of a law enforcement officer with notice to the Washington state patrol and
the department of licensing that the vehicle has been
wrecked. The city, town, or county may operate such a disposal site when its governing body determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicles or
parts, or may transfer such vehicle or parts to another governmental body provided such disposal shall be only as scrap.
(4) A registered disposer under contract to a city or
county for the impounding of vehicles shall comply with any
administrative regulations adopted by the city or county on
the handling and disposing of vehicles. [1994 c 176 § 2; 1991
c 292 § 3; 1989 c 111 § 17; 1987 c 311 § 20; 1985 c 377 § 24.]
MISCELLANEOUS
46.55.900
46.55.900 Severability—1985 c 377. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 377 § 26.]
46.55.901
46.55.901 Headings not part of law—1985 c 377.
Headings and captions used in this act are not any part of the
law. [1985 c 377 § 27.]
46.61.025
46.61.030
46.61.035
Persons riding animals or driving animal-drawn vehicles.
Persons working on highway right of way—Exceptions.
Authorized emergency vehicles.
TRAFFIC SIGNS, SIGNALS, AND MARKINGS
46.61.050
46.61.055
46.61.060
46.61.065
46.61.070
46.61.072
46.61.075
46.61.080
46.61.085
Obedience to and required traffic control devices.
Traffic control signal legend.
Pedestrian control signals.
Flashing signals.
Lane-direction-control signals.
Special traffic control signals—Legend.
Display of unauthorized signs, signals, or markings.
Interference with official traffic-control devices or railroad
signs or signals.
Traffic control signals or devices upon city streets forming
part of state highways—Approval by department of transportation.
DRIVING ON RIGHT SIDE OF ROADWAY—
OVERTAKING AND PASSING—USE OF ROADWAY
46.61.100
46.61.105
46.61.110
46.61.115
46.61.120
46.61.125
46.61.130
46.61.135
46.61.140
46.61.145
46.61.150
46.61.155
46.61.160
46.61.165
Keep right except when passing, etc.
Passing vehicles proceeding in opposite directions.
Overtaking a vehicle on the left.
When overtaking on the right is permitted.
Limitations on overtaking on the left.
Further limitations on driving to left of center of roadway.
No-passing zones.
One-way roadways and rotary traffic islands.
Driving on roadways laned for traffic.
Following too closely.
Driving on divided highways.
Restricted access.
Restrictions on limited-access highway—Use by bicyclists.
High-occupancy vehicle lanes.
RIGHT OF WAY
46.61.180
46.61.183
46.61.185
46.61.190
46.61.195
46.61.200
46.61.202
46.61.205
46.61.210
46.61.215
46.61.220
Vehicle approaching intersection.
Nonfunctioning signal lights.
Vehicle turning left.
Vehicle entering stop or yield intersection.
Arterial highways designated—Stopping on entering.
Stop intersections other than arterial may be designated.
Stopping when traffic obstructed.
Vehicle entering highway from private road or driveway.
Operation of vehicles on approach of emergency vehicles.
Highway construction and maintenance.
Transit vehicles.
46.55.902
46.55.902 Effective date—1985 c 377. This act shall
take effect on January 1, 1986. [1985 c 377 § 31.]
46.55.910
46.55.910 Chapter not applicable to certain activities
of department of transportation. This chapter does not
apply to the state department of transportation to the extent
that it may remove vehicles that are traffic hazards from
bridges and the mountain passes without prior authorization.
If such a vehicle is removed, the department shall immediately notify the appropriate local law enforcement agency,
and the vehicle shall be processed in accordance with RCW
46.55.110. [1989 c 111 § 18.]
Chapter 46.61 RCW
RULES OF THE ROAD
Chapter 46.61
Sections
PEDESTRIANS' RIGHTS AND DUTIES
46.61.230
46.61.235
46.61.240
46.61.245
46.61.250
46.61.255
46.61.260
46.61.261
46.61.264
46.61.266
46.61.269
Pedestrians subject to traffic regulations.
Crosswalks.
Crossing at other than crosswalks.
Drivers to exercise care.
Pedestrians on roadways.
Pedestrians soliciting rides or business.
Driving through safety zone prohibited.
Sidewalks, crosswalks—Pedestrians, bicycles.
Pedestrians yield to emergency vehicles.
Pedestrians under the influence of alcohol or drugs.
Passing beyond bridge or grade crossing barrier prohibited.
TURNING AND STARTING AND SIGNALS
ON STOPPING AND TURNING
46.61.290
46.61.295
46.61.300
46.61.305
46.61.310
46.61.315
Required position and method of turning at intersections.
"U" turns.
Starting parked vehicle.
When signals required—Improper use prohibited.
Signals by hand and arm or signal lamps.
Method of giving hand and arm signals.
46.61.340
46.61.345
46.61.350
Approaching train signal.
All vehicles must stop at certain railroad grade crossings.
Certain vehicles must stop at all railroad grade crossings—
Exceptions.
Moving heavy equipment at railroad grade crossings—
Notice of intended crossing.
Emerging from alley, driveway, or building.
Overtaking or meeting school bus—Duties of bus driver.
School bus stop sign violators—Identification by vehicle
owner.
SPECIAL STOPS REQUIRED
OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
46.61.005
46.61.015
46.61.020
46.61.021
46.61.022
46.61.024
Chapter refers to vehicles upon highways—Exceptions.
Obedience to police officers, flaggers, or fire fighters—Penalty.
Refusal to give information to or cooperate with officer—
Penalty.
Duty to obey law enforcement officer—Authority of officer.
Failure to obey officer—Penalty.
Attempting to elude police vehicle—Defense—License
revocation.
[Title 46 RCW—page 204]
46.61.355
46.61.365
46.61.370
46.61.371
(2004 Ed.)
Rules of the Road
46.61.372
46.61.375
46.61.380
46.61.385
School bus stop sign violators—Report by bus driver—Law
enforcement investigation.
Overtaking or meeting private carrier bus—Duties of bus
driver.
Rules for design, marking, and mode of operating school
buses.
School patrol—Appointment—Authority—Finance—Insurance.
SPEED RESTRICTIONS
46.61.400
46.61.405
46.61.410
46.61.415
46.61.419
46.61.425
46.61.427
46.61.428
46.61.430
46.61.435
46.61.440
46.61.445
46.61.450
46.61.455
46.61.460
46.61.465
46.61.470
Basic rule and maximum limits.
Decreases by secretary of transportation.
Increases by secretary of transportation—Maximum speed
limit for trucks—Auto stages—Signs and notices.
When local authorities may alter maximum limits.
Private roads—Speed enforcement.
Minimum speed regulation—Passing slow moving vehicle.
Slow-moving vehicle to pull off roadway.
Slow-moving vehicle driving on shoulders, when.
Authority of secretary of transportation to fix speed limits on
limited access facilities exclusive—Local regulations.
Local authorities to provide "stop" or "yield" signs at intersections with increased speed highways—Designated as
arterials.
Maximum speed limit when passing school or playground
crosswalks—Penalty, disposition of proceeds.
Due care required.
Maximum speed, weight, or size in traversing bridges, elevated structures, tunnels, underpasses—Posting limits.
Vehicles with solid or hollow cushion tires.
Special speed limitation on motor-driven cycle.
Exceeding speed limit evidence of reckless driving.
Speed traps defined, certain types permitted—Measured
courses, speed measuring devices, timing from aircraft.
RECKLESS DRIVING, DRIVING UNDER THE INFLUENCE,
VEHICULAR HOMICIDE AND ASSAULT
46.61.500
46.61.502
46.61.503
46.61.504
46.61.5054
46.61.5055
46.61.5056
46.61.50571
46.61.5058
46.61.506
46.61.508
46.61.513
46.61.5151
46.61.5152
46.61.516
46.61.517
46.61.519
46.61.5191
46.61.5195
46.61.520
46.61.522
46.61.524
46.61.5249
46.61.525
46.61.527
46.61.530
46.61.535
46.61.540
Reckless driving—Penalty.
Driving under the influence.
Driver under twenty-one consuming alcohol—Penalties.
Physical control of vehicle under the influence.
Alcohol violators—Additional fee—Distribution.
Alcohol violators—Penalty schedule.
Alcohol violators—Information school—Evaluation and
treatment.
Alcohol violators—Mandatory appearances.
Alcohol violators—Vehicle seizure and forfeiture.
Persons under influence of intoxicating liquor or drug—Evidence—Tests—Information concerning tests.
Liability of medical personnel withdrawing blood.
Criminal history and driving record.
Sentences—Intermittent fulfillment—Restrictions.
Attendance at program focusing on victims.
Qualified probation department defined.
Refusal of test—Admissibility as evidence.
Alcoholic beverages—Drinking or open container in vehicle
on highway—Exceptions.
Local ordinances not prohibited.
Disguising alcoholic beverage container.
Vehicular homicide—Penalty.
Vehicular assault—Penalty.
Vehicular homicide, assault—Evaluation, treatment of drug
or alcohol problem.
Negligent driving—First degree.
Negligent driving—Second degree.
Roadway construction zones.
Racing of vehicles on highways—Reckless driving—Exception.
Advertising of unlawful speed—Reckless driving.
"Drugs," what included.
STOPPING, STANDING, AND PARKING
46.61.560
46.61.570
46.61.575
46.61.577
46.61.581
46.61.582
46.61.583
46.61.585
(2004 Ed.)
Stopping, standing, or parking outside business or residence
districts.
Stopping, standing, or parking prohibited in specified
places—Reserving portion of highway prohibited.
Additional parking regulations.
Regulations governing parking facilities.
Disabled persons' parking spaces—Indication, access—Failure, penalty.
Free parking by disabled persons.
Special plate or card issued by another jurisdiction.
Winter recreational parking areas—Special permit required.
46.61.015
46.61.587
46.61.590
Winter recreational parking areas—Penalty.
Unattended motor vehicle—Removal from highway.
46.61.600
46.61.605
46.61.606
46.61.608
46.61.610
46.61.611
46.61.612
46.61.613
Unattended motor vehicle.
Limitations on backing.
Driving on sidewalk prohibited—Exception.
Operating motorcycles on roadways laned for traffic.
Riding on motorcycles.
Motorcycles—Maximum height for handlebars.
Riding on motorcycles—Position of feet.
Motorcycles—Temporary suspension of restrictions for
parades or public demonstrations.
Riding on motorcycles—Clinging to other vehicles.
Obstructions to driver's view or driving mechanism.
Opening and closing vehicle doors.
Riding in trailers or towed vehicles.
Coasting prohibited.
Following fire apparatus prohibited.
Crossing fire hose.
Throwing materials on highway prohibited—Removal.
Dropping load, other materials—Covering.
Carrying persons or animals on outside part of vehicle.
Embracing another while driving.
Driving with wheels off roadway.
Causing or permitting vehicle to be unlawfully operated.
Lowering passenger vehicle below legal clearance—Penalty.
Leaving children unattended in standing vehicle with motor
running—Penalty.
Child passenger restraint required—Conditions—Exceptions—Penalty for violation—Dismissal—Noncompliance not negligence.
Safety belts, use required—Penalties—Exemptions.
Child restraints, seatbelts—Educational campaign.
Violations relating to toll facilities.
Parent or guardian shall not authorize or permit violation by
a child or ward.
Mopeds, EPAMDs, electric-assisted bicycles, motorized foot
scooters—General requirements and operation.
Mopeds—Safety standards.
Neighborhood electric vehicles.
Wheelchair conveyances.
Theft of motor vehicle fuel.
MISCELLANEOUS RULES
46.61.614
46.61.615
46.61.620
46.61.625
46.61.630
46.61.635
46.61.640
46.61.645
46.61.655
46.61.660
46.61.665
46.61.670
46.61.675
46.61.680
46.61.685
46.61.687
46.61.688
46.61.6885
46.61.690
46.61.700
46.61.710
46.61.720
46.61.725
46.61.730
46.61.740
OPERATION OF NONMOTORIZED VEHICLES
46.61.750
46.61.755
46.61.758
46.61.760
46.61.765
46.61.770
46.61.775
46.61.780
46.61.790
46.61.990
46.61.991
Effect of regulations—Penalty.
Traffic laws apply to persons riding bicycles.
Hand signals.
Riding on bicycles.
Clinging to vehicles.
Riding on roadways and bicycle paths.
Carrying articles.
Lamps and other equipment on bicycles.
Intoxicated bicyclists.
Recodification of sections—Organization of chapter—Construction.
Severability—1965 ex.s. c 155.
Limited access highways, turning, parking violations: RCW 47.52.120.
OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
46.61.005 Chapter refers to vehicles upon highways—Exceptions. The provisions of this chapter relating
to the operation of vehicles refer exclusively to the operation
of vehicles upon highways except:
(1) Where a different place is specifically referred to in a
given section.
(2) The provisions of RCW 46.52.010 through
46.52.090, 46.61.500 through 46.61.525, and 46.61.5249
shall apply upon highways and elsewhere throughout the
state. [1997 c 66 § 13; 1990 c 291 § 4; 1965 ex.s. c 155 § 1.]
46.61.005
46.61.015 Obedience to police officers, flaggers, or
fire fighters—Penalty. (1) No person shall willfully fail or
refuse to comply with any lawful order or direction of any
duly authorized flagger or any police officer or fire fighter
46.61.015
[Title 46 RCW—page 205]
46.61.020
Title 46 RCW: Motor Vehicles
invested by law with authority to direct, control, or regulate
traffic.
(2) A violation of this section is a misdemeanor. [2003 c
53 § 244; 2000 c 239 § 4; 1995 c 50 § 1; 1975 c 62 § 17; 1965
ex.s. c 155 § 3.]
Effective date—1997 1st sp.s. c 1: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect immediately [September 17, 1997]." [1997 1st sp.s. c 1 § 2.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Captions not law—2000 c 239: See note following RCW 49.17.350.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.020
46.61.020 Refusal to give information to or cooperate
with officer—Penalty. (1) It is unlawful for any person
while operating or in charge of any vehicle to refuse when
requested by a police officer to give his or her name and
address and the name and address of the owner of such vehicle, or for such person to give a false name and address, and
it is likewise unlawful for any such person to refuse or
neglect to stop when signaled to stop by any police officer or
to refuse upon demand of such police officer to produce his
or her certificate of license registration of such vehicle, his or
her insurance identification card, or his or her vehicle driver's
license or to refuse to permit such officer to take any such
license, card, or certificate for the purpose of examination
thereof or to refuse to permit the examination of any equipment of such vehicle or the weighing of such vehicle or to
refuse or neglect to produce the certificate of license registration of such vehicle, insurance card, or his or her vehicle
driver's license when requested by any court. Any police
officer shall on request produce evidence of his or her authorization as such.
(2) A violation of this section is a misdemeanor. [2003 c
53 § 245; 1995 c 50 § 2; 1989 c 353 § 6; 1967 c 32 § 65; 1961
c 12 § 46.56.190. Prior: 1937 c 189 § 126; RRS § 6360-126;
1927 c 309 § 38; RRS § 6362-38. Formerly RCW
46.56.190.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
46.61.021
46.61.021 Duty to obey law enforcement officer—
Authority of officer. (1) Any person requested or signaled
to stop by a law enforcement officer for a traffic infraction
has a duty to stop.
(2) Whenever any person is stopped for a traffic infraction, the officer may detain that person for a reasonable
period of time necessary to identify the person, check for outstanding warrants, check the status of the person's license,
insurance identification card, and the vehicle's registration,
and complete and issue a notice of traffic infraction.
(3) Any person requested to identify himself or herself to
a law enforcement officer pursuant to an investigation of a
traffic infraction has a duty to identify himself or herself, give
his or her current address, and sign an acknowledgement of
receipt of the notice of infraction. [1997 1st sp.s. c 1 § 1;
1989 c 353 § 7; 1979 ex.s. c 136 § 4.]
[Title 46 RCW—page 206]
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
46.61.022
46.61.022 Failure to obey officer—Penalty. Any person who wilfully fails to stop when requested or signaled to
do so by a person reasonably identifiable as a law enforcement officer or to comply with RCW 46.61.021(3), is guilty
of a misdemeanor. [1979 ex.s. c 136 § 5.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.61.024
46.61.024 Attempting to elude police vehicle—
Defense—License revocation. (1) Any driver of a motor
vehicle who willfully fails or refuses to immediately bring his
vehicle to a stop and who drives his vehicle in a reckless manner while attempting to elude a pursuing police vehicle, after
being given a visual or audible signal to bring the vehicle to a
stop, shall be guilty of a class C felony. The signal given by
the police officer may be by hand, voice, emergency light, or
siren. The officer giving such a signal shall be in uniform and
the vehicle shall be equipped with lights and sirens.
(2) It is an affirmative defense to this section which must
be established by a preponderance of the evidence that: (a) A
reasonable person would not believe that the signal to stop
was given by a police officer; and (b) driving after the signal
to stop was reasonable under the circumstances.
(3) The license or permit to drive or any nonresident
driving privilege of a person convicted of a violation of this
section shall be revoked by the department of licensing.
[2003 c 101 § 1; 1983 c 80 § 1; 1982 1st ex.s. c 47 § 25; 1979
ex.s. c 75 § 1.]
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
46.61.025
46.61.025 Persons riding animals or driving animaldrawn vehicles. Every person riding an animal or driving
any animal-drawn vehicle upon a roadway shall be granted
all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter except those
provisions of this chapter which by their very nature can have
no application. [1965 ex.s. c 155 § 4.]
46.61.030
46.61.030 Persons working on highway right of
way—Exceptions. Unless specifically made applicable, the
provisions of this chapter except those contained in RCW
46.61.500 through 46.61.520 shall not apply to persons,
motor vehicles and other equipment while engaged in work
within the right of way of any highway but shall apply to such
persons and vehicles when traveling to or from such work.
[1969 c 76 § 1; 1965 ex.s. c 155 § 5.]
46.61.035
46.61.035 Authorized emergency vehicles. (1) The
driver of an authorized emergency vehicle, when responding
to an emergency call or when in the pursuit of an actual or
(2004 Ed.)
Rules of the Road
suspected violator of the law or when responding to but not
upon returning from a fire alarm, may exercise the privileges
set forth in this section, but subject to the conditions herein
stated.
(2) The driver of an authorized emergency vehicle may:
(a) Park or stand, irrespective of the provisions of this
chapter;
(b) Proceed past a red or stop signal or stop sign, but only
after slowing down as may be necessary for safe operation;
(c) Exceed the maximum speed limits so long as he does
not endanger life or property;
(d) Disregard regulations governing direction of movement or turning in specified directions.
(3) The exemptions herein granted to an authorized
emergency vehicle shall apply only when such vehicle is
making use of visual signals meeting the requirements of
RCW 46.37.190, except that: (a) An authorized emergency
vehicle operated as a police vehicle need not be equipped
with or display a red light visible from in front of the vehicle;
(b) authorized emergency vehicles shall use audible signals
when necessary to warn others of the emergency nature of the
situation but in no case shall they be required to use audible
signals while parked or standing.
(4) The foregoing provisions shall not relieve the driver
of an authorized emergency vehicle from the duty to drive
with due regard for the safety of all persons, nor shall such
provisions protect the driver from the consequences of his
reckless disregard for the safety of others. [1969 c 23 § 1;
1965 ex.s. c 155 § 6.]
TRAFFIC SIGNS, SIGNALS, AND MARKINGS
46.61.050 Obedience to and required traffic control
devices. (1) The driver of any vehicle, every bicyclist, and
every pedestrian shall obey the instructions of any official
traffic control device applicable thereto placed in accordance
with the provisions of this chapter, unless otherwise directed
by a traffic or police officer, subject to the exception granted
the driver of an authorized emergency vehicle in this chapter.
(2) No provision of this chapter for which official traffic
control devices are required shall be enforced against an
alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible or visible to be seen by an ordinarily observant
person. Whenever a particular section does not state that official traffic control devices are required, such section shall be
effective even though no devices are erected or in place.
(3) Whenever official traffic control devices are placed
in position approximately conforming to the requirements of
this chapter, such devices shall be presumed to have been so
placed by the official act or direction of lawful authority,
unless the contrary shall be established by competent evidence.
(4) Any official traffic control device placed pursuant to
the provisions of this chapter and purporting to conform to
the lawful requirements pertaining to such devices shall be
presumed to comply with the requirements of this chapter,
unless the contrary shall be established by competent evidence. [1975 c 62 § 18; 1965 ex.s. c 155 § 7.]
46.61.050
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
(2004 Ed.)
46.61.055
Bicycle awareness program: RCW 43.43.390.
46.61.055
46.61.055 Traffic control signal legend. Whenever
traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively
one at a time or in combination, only the colors green, red and
yellow shall be used, except for special pedestrian signals
carrying a word or legend, and said lights shall indicate and
apply to drivers of vehicles and pedestrians as follows:
(1) Green indication
(a) Vehicle operators facing a circular green signal may
proceed straight through or turn right or left unless a sign at
such place prohibits either such turn. Vehicle operators turning right or left shall stop to allow other vehicles lawfully
within the intersection control area to complete their movements. Vehicle operators turning right or left shall also stop
for pedestrians who are lawfully within the intersection control area as required by RCW 46.61.235(1).
(b) Vehicle operators facing a green arrow signal, shown
alone or in combination with another indication, may enter
the intersection control area only to make the movement indicated by such arrow, or such other movement as is permitted
by other indications shown at the same time. Vehicle operators shall stop to allow other vehicles lawfully within the
intersection control area to complete their movements. Vehicle operators shall also stop for pedestrians who are lawfully
within the intersection control area as required by RCW
46.61.235(1).
(c) Unless otherwise directed by a pedestrian control signal, as provided in RCW 46.61.060 as now or hereafter
amended, pedestrians facing any green signal, except when
the sole green signal is a turn arrow, may proceed across the
roadway within any marked or unmarked crosswalk.
(2) Steady yellow indication
(a) Vehicle operators facing a steady circular yellow or
yellow arrow signal are thereby warned that the related green
movement is being terminated or that a red indication will be
exhibited immediately thereafter when vehicular traffic shall
not enter the intersection. Vehicle operators shall stop for
pedestrians who are lawfully within the intersection control
area as required by RCW 46.61.235(1).
(b) Pedestrians facing a steady circular yellow or yellow
arrow signal, unless otherwise directed by a pedestrian control signal as provided in RCW 46.61.060 shall not enter the
roadway.
(3) Steady red indication
(a) Vehicle operators facing a steady circular red signal
alone shall stop at a clearly marked stop line, but if none,
before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection control
area and shall remain standing until an indication to proceed
is shown. However, the vehicle operators facing a steady circular red signal may, after stopping proceed to make a right
turn from a one-way or two-way street into a two-way street
or into a one-way street carrying traffic in the direction of the
right turn; or a left turn from a one-way or two-way street into
a one-way street carrying traffic in the direction of the left
turn; unless a sign posted by competent authority prohibits
such movement. Vehicle operators planning to make such
turns shall remain stopped to allow other vehicles lawfully
within or approaching the intersection control area to com[Title 46 RCW—page 207]
46.61.060
Title 46 RCW: Motor Vehicles
plete their movements. Vehicle operators planning to make
such turns shall also remain stopped for pedestrians who are
lawfully within the intersection control area as required by
RCW 46.61.235(1).
(b) Unless otherwise directed by a pedestrian control signal as provided in RCW 46.61.060 as now or hereafter
amended, pedestrians facing a steady circular red signal alone
shall not enter the roadway.
(c) Vehicle operators facing a steady red arrow indication may not enter the intersection control area to make the
movement indicated by such arrow, and unless entering the
intersection control area to make such other movement as is
permitted by other indications shown at the same time, shall
stop at a clearly marked stop line, but if none, before entering
a crosswalk on the near side of the intersection control area,
or if none, then before entering the intersection control area
and shall remain standing until an indication to make the
movement indicated by such arrow is shown. However, the
vehicle operators facing a steady red arrow indication may,
after stopping proceed to make a right turn from a one-way or
two-way street into a two-way street or into a one-way street
carrying traffic in the direction of the right turn; or a left turn
from a one-way street or two-way street into a one-way street
carrying traffic in the direction of the left turn; unless a sign
posted by competent authority prohibits such movement.
Vehicle operators planning to make such turns shall remain
stopped to allow other vehicles lawfully within or approaching the intersection control area to complete their movements. Vehicle operators planning to make such turns shall
also remain stopped for pedestrians who are lawfully within
the intersection control area as required by R CW
46.61.235(1).
(d) Unless otherwise directed by a pedestrian signal,
pedestrians facing a steady red arrow signal indication shall
not enter the roadway.
(4) If an official traffic control signal is erected and
maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any
stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the
absence of any such sign or marking the stop shall be made at
the signal. [1993 c 153 § 2; 1990 c 241 § 2; 1975 c 62 § 19;
1965 ex.s. c 155 § 8.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.060
46.61.060 Pedestrian control signals. Whenever
pedestrian control signals exhibiting the words "Walk" or the
walking person symbol or "Don't Walk" or the hand symbol
are operating, the signals shall indicate as follows:
(1) WALK or walking person symbol—Pedestrians facing such signal may cross the roadway in the direction of the
signal. Vehicle operators shall stop for pedestrians who are
lawfully moving within the intersection control area on such
signal as required by RCW 46.61.235(1).
(2) Steady or flashing DON'T WALK or hand symbol—
Pedestrians facing such signal shall not enter the roadway.
Vehicle operators shall stop for pedestrians who have begun
to cross the roadway before the display of either signal as
required by RCW 46.61.235(1).
[Title 46 RCW—page 208]
(3) Pedestrian control signals having the "Wait" legend
in use on August 6, 1965, shall be deemed authorized signals
and shall indicate the same as the "Don't Walk" legend.
Whenever such pedestrian control signals are replaced the
legend "Wait" shall be replaced by the legend "Don't Walk"
or the hand symbol. [1993 c 153 § 3; 1990 c 241 § 3; 1975 c
62 § 20; 1965 ex.s. c 155 § 9.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.065
46.61.065 Flashing signals. (1) Whenever an illuminated flashing red or yellow signal is used in a traffic sign or
signal it shall require obedience by vehicular traffic as follows:
(a) FLASHING RED (STOP SIGNAL). When a red lens
is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none,
before entering a marked crosswalk on the near side of the
intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules
applicable after making a stop at a stop sign.
(b) FLASHING YELLOW (CAUTION SIGNAL).
When a yellow lens is illuminated with rapid intermittent
flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
(2) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad
grade crossings shall be governed by the rules as set forth in
RCW 46.61.340. [1975 c 62 § 21; 1965 ex.s. c 155 § 10.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.070
46.61.070 Lane-direction-control signals. When lanedirection-control signals are placed over the individual lanes
of a street or highway, vehicular traffic may travel in any lane
over which a green signal is shown, but shall not enter or
travel in any lane over which a red signal is shown. [1965
ex.s. c 155 § 11.]
46.61.072
46.61.072 Special traffic control signals—Legend.
Whenever special traffic control signals exhibit a downward
green arrow, a yellow X, or a red X indication, such signal
indication shall have the following meaning:
(1) A steady downward green arrow means that a driver
is permitted to drive in the lane over which the arrow signal
is located.
(2) A steady yellow X or flashing red X means that a
driver should prepare to vacate, in a safe manner, the lane
over which the signal is located because a lane control change
is being made, and to avoid occupying that lane when a
steady red X is displayed.
(3) A flashing yellow X means that a driver is permitted
to use a lane over which the signal is located for a left turn,
using proper caution.
(4) A steady red X means that a driver shall not drive in
the lane over which the signal is located, and that this indication shall modify accordingly the meaning of all other traffic
controls present. The driver shall obey all other traffic controls and follow normal safe driving practices. [1975 c 62 §
49.]
(2004 Ed.)
Rules of the Road
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.075
46.61.075 Display of unauthorized signs, signals, or
markings. (1) No person shall place, maintain or display
upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation
of or resembles an official traffic-control device or railroad
sign or signal, or which attempts to direct the movement of
traffic, or which hides from view or interferes with the effectiveness of an official traffic-control device or any railroad
sign or signal.
(2) No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.
(3) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be
mistaken for official signs.
(4) Every such prohibited sign, signal or marking is
hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to
remove the same or cause it to be removed without notice.
[1965 ex.s. c 155 § 12.]
46.61.080
46.61.080 Interference with official traffic-control
devices or railroad signs or signals. No person shall, without lawful authority, attempt to or in fact alter, deface, injure,
knock down or remove any official traffic-control device or
any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof. [1965 ex.s. c 155 § 13.]
Interference with traffic-control signals or railroad signs or signals: RCW
47.36.130.
46.61.085
46.61.085 Traffic control signals or devices upon city
streets forming part of state highways—Approval by
department of transportation. No traffic control signal or
device may be erected or maintained upon any city street designated as forming a part of the route of a primary state highway or secondary state highway unless first approved by the
state department of transportation. [1984 c 7 § 62; 1965 ex.s.
c 155 § 14.]
Severability—1984 c 7: See note following RCW 47.01.141.
Local authorities to provide stop signs at intersections with increased speed
highways: RCW 46.61.435.
DRIVING ON RIGHT SIDE OF ROADWAY—
OVERTAKING AND PASSING—
USE OF ROADWAY
46.61.100
46.61.100 Keep right except when passing, etc. (1)
Upon all roadways of sufficient width a vehicle shall be
driven upon the right half of the roadway, except as follows:
(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such
movement;
(b) When an obstruction exists making it necessary to
drive to the left of the center of the highway; provided, any
person so doing shall yield the right of way to all vehicles
traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an
immediate hazard;
(2004 Ed.)
46.61.105
(c) Upon a roadway divided into three marked lanes and
providing for two-way movement traffic under the rules
applicable thereon; or
(d) Upon a street or highway restricted to one-way traffic.
(2) Upon all roadways having two or more lanes for traffic moving in the same direction, all vehicles shall be driven
in the right-hand lane then available for traffic, except (a)
when overtaking and passing another vehicle proceeding in
the same direction, (b) when traveling at a speed greater than
the traffic flow, (c) when moving left to allow traffic to
merge, or (d) when preparing for a left turn at an intersection,
exit, or into a private road or driveway when such left turn is
legally permitted. On any such roadway, a vehicle or combination over ten thousand pounds shall be driven only in the
right-hand lane except under the conditions enumerated in (a)
through (d) of this subsection.
(3) No vehicle towing a trailer or no vehicle or combination over ten thousand pounds may be driven in the left-hand
lane of a limited access roadway having three or more lanes
for traffic moving in one direction except when preparing for
a left turn at an intersection, exit, or into a private road or
driveway when a left turn is legally permitted. This subsection does not apply to a vehicle using a high-occupancy vehicle lane. A high-occupancy vehicle lane is not considered the
left-hand lane of a roadway. The department of transportation, in consultation with the Washington state patrol, shall
adopt rules specifying (a) those circumstances where it is permissible for other vehicles to use the left lane in case of emergency or to facilitate the orderly flow of traffic, and (b) those
segments of limited access roadway to be exempt from this
subsection due to the operational characteristics of the roadway.
(4) It is a traffic infraction to drive continuously in the
left lane of a multilane roadway when it impedes the flow of
other traffic.
(5) Upon any roadway having four or more lanes for
moving traffic and providing for two-way movement of traffic, a vehicle shall not be driven to the left of the center line
of the roadway except when authorized by official traffic
control devices designating certain lanes to the left side of the
center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection
(1)(b) of this section. However, this subsection shall not be
construed as prohibiting the crossing of the center line in
making a left turn into or from an alley, private road or driveway. [1997 c 253 § 1; 1986 c 93 § 2; 1972 ex.s. c 33 § 1; 1969
ex.s. c 281 § 46; 1967 ex.s. c 145 § 58; 1965 ex.s. c 155 § 15.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Legislative intent—1986 c 93: "It is the intent of the legislature, in this
1985 [1986] amendment of RCW 46.61.100, that the left-hand lane on any
state highway with two or more lanes in the same direction be used primarily
as a passing lane." [1986 c 93 § 1.]
Information on proper use of left-hand lane: RCW 28A.220.050, 46.20.095,
46.82.430, 47.36.260.
46.61.105
46.61.105 Passing vehicles proceeding in opposite
directions. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways
having width for not more than one line of traffic in each
direction each driver shall give to the other at least one-half
[Title 46 RCW—page 209]
46.61.110
Title 46 RCW: Motor Vehicles
of the main-traveled portion of the roadway as nearly as possible. [1975 c 62 § 22; 1965 ex.s. c 155 § 16.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.110
46.61.110 Overtaking a vehicle on the left. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:
(1) The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall pass to the left thereof
at a safe distance and shall not again drive to the right side of
the roadway until safely clear of the overtaken vehicle.
(2) Except when overtaking and passing on the right is
permitted, the driver of an overtaken vehicle shall give way
to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. [1965 ex.s. c 155 §
17.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.115
46.61.115 When overtaking on the right is permitted.
(1) The driver of a vehicle may overtake and pass upon the
right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to
make a left turn;
(b) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(2) The driver of a vehicle may overtake and pass
another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be
made by driving off the roadway. [1975 c 62 § 23; 1965 ex.s.
c 155 § 18.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
(b) When approaching within one hundred feet of or traversing any intersection or railroad grade crossing;
(c) When the view is obstructed upon approaching
within one hundred feet of any bridge, viaduct or tunnel.
(2) The foregoing limitations shall not apply upon a oneway roadway, nor under the conditions described in RCW
46.61.100(1)(b), nor to the driver of a vehicle turning left into
or from an alley, private road or driveway. [1972 ex.s. c 33 §
2; 1965 ex.s. c 155 § 20.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.130
46.61.130 No-passing zones. (1) The state department
of transportation and the local authorities are authorized to
determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving to
the left of the roadway would be especially hazardous and
may by appropriate signs or markings on the roadway indicate the beginning and end of such zones. When such signs or
markings are in place and clearly visible to an ordinarily
observant person every driver of a vehicle shall obey the
directions thereof.
(2) Where signs or markings are in place to define a nopassing zone as set forth in subsection (1) of this section, no
driver may at any time drive on the left side of the roadway
within the no-passing zone or on the left side of any pavement striping designed to mark the no-passing zone throughout its length.
(3) This section does not apply under the conditions
described in RCW 46.61.100(1)(b), nor to the driver of a
vehicle turning left into or from an alley, private road, or
driveway. [1984 c 7 § 63; 1972 ex.s. c 33 § 3; 1965 ex.s. c
155 § 21.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.135
46.61.120
46.61.120 Limitations on overtaking on the left. No
vehicle shall be driven to the left side of the center of the
roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions
of RCW 46.61.100 through 46.61.160 and unless such left
side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing
to be completely made without interfering with the operation
of any vehicle approaching from the opposite direction or any
vehicle overtaken. In every event the overtaking vehicle must
return to an authorized lane of travel as soon as practicable
and in the event the passing movement involves the use of a
lane authorized for vehicles approaching from the opposite
direction, before coming within two hundred feet of any
approaching vehicle. [1965 ex.s. c 155 § 19.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.135 One-way roadways and rotary traffic
islands. (1) The state department of transportation and the
local authorities with respect to highways under their respective jurisdictions may designate any highway, roadway, part
of a roadway, or specific lanes upon which vehicular traffic
shall proceed in one direction at all or such times as shall be
indicated by official traffic control devices.
(2) Upon a roadway so designated for one-way traffic, a
vehicle shall be driven only in the direction designated at all
or such times as shall be indicated by official traffic control
devices.
(3) A vehicle passing around a rotary traffic island shall
be driven only to the right of such island. [1984 c 7 § 64;
1975 c 62 § 24; 1965 ex.s. c 155 § 22.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.125
46.61.125 Further limitations on driving to left of
center of roadway. (1) No vehicle shall be driven on the left
side of the roadway under the following conditions:
(a) When approaching or upon the crest of a grade or a
curve in the highway where the driver's view is obstructed
within such distance as to create a hazard in the event another
vehicle might approach from the opposite direction;
[Title 46 RCW—page 210]
46.61.140
46.61.140 Driving on roadways laned for traffic.
Whenever any roadway has been divided into two or more
clearly marked lanes for traffic the following rules in addition
to all others consistent herewith shall apply:
(1) A vehicle shall be driven as nearly as practicable
entirely within a single lane and shall not be moved from
(2004 Ed.)
Rules of the Road
such lane until the driver has first ascertained that such movement can be made with safety.
(2) Upon a roadway which is divided into three lanes and
provides for two-way movement of traffic, a vehicle shall not
be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such
center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at
the time allocated exclusively to traffic moving in the same
direction that the vehicle is proceeding and such allocation is
designated by official traffic-control devices.
(3) Official traffic-control devices may be erected directing slow moving or other specified traffic to use a designated
lane or designating those lanes to be used by traffic moving in
a particular direction regardless of the center of the roadway
and drivers of vehicles shall obey the directions of every such
device.
(4) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and
drivers of vehicles shall obey the directions of every such
device. [1965 ex.s. c 155 § 23.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.145
46.61.145 Following too closely. (1) The driver of a
motor vehicle shall not follow another vehicle more closely
than is reasonable and prudent, having due regard for the
speed of such vehicles and the traffic upon and the condition
of the highway.
(2) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of
a business or residence district and which is following
another motor truck or motor vehicle drawing another vehicle
shall, whenever conditions permit, leave sufficient space so
that an overtaking vehicle may enter and occupy such space
without danger, except that this shall not prevent a motor
truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.
(3) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or
combination of vehicles so as to enable any other vehicle to
enter and occupy such space without danger. This provision
shall not apply to funeral processions. [1965 ex.s. c 155 §
24.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.150
46.61.150 Driving on divided highways. Whenever
any highway has been divided into two or more roadways by
leaving an intervening space or by a physical barrier or
clearly indicated dividing section or by a median island not
less than eighteen inches wide formed either by solid yellow
pavement markings or by a yellow crosshatching between
two solid yellow lines so installed as to control vehicular traffic, every vehicle shall be driven only upon the right-hand
roadway unless directed or permitted to use another roadway
by official traffic-control devices or police officers. No vehicle shall be driven over, across or within any such dividing
space, barrier or section, or median island, except through an
opening in such physical barrier or dividing section or space
(2004 Ed.)
46.61.180
or median island, or at a crossover or intersection established
by public authority. [1972 ex.s. c 33 § 4; 1965 ex.s. c 155 §
25.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.155
46.61.155 Restricted access. No person shall drive a
vehicle onto or from any limited access roadway except at
such entrances and exits as are established by public authority. [1965 ex.s. c 155 § 26.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.160
46.61.160 Restrictions on limited-access highway—
Use by bicyclists. The department of transportation may by
order, and local authorities may by ordinance or resolution,
with respect to any limited access highway under their
respective jurisdictions prohibit the use of any such highway
by funeral processions, or by parades, pedestrians, bicycles or
other nonmotorized traffic, or by any person operating a
motor-driven cycle. Bicyclists may use the right shoulder of
limited-access highways except where prohibited. The
department of transportation may by order, and local authorities may by ordinance or resolution, with respect to any limited-access highway under their respective jurisdictions prohibit the use of the shoulders of any such highway by bicycles
within urban areas or upon other sections of the highway
where such use is deemed to be unsafe.
The department of transportation or the local authority
adopting any such prohibitory regulation shall erect and
maintain official traffic control devices on the limited access
roadway on which such regulations are applicable, and when
so erected no person may disobey the restrictions stated on
such devices. [1982 c 55 § 5; 1975 c 62 § 25; 1965 ex.s. c 155
§ 27.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.165
46.61.165 High-occupancy vehicle lanes. The state
department of transportation and the local authorities are
authorized to reserve all or any portion of any highway under
their respective jurisdictions, including any designated lane
or ramp, for the exclusive or preferential use of public transportation vehicles or private motor vehicles carrying no
fewer than a specified number of passengers when such limitation will increase the efficient utilization of the highway or
will aid in the conservation of energy resources. Regulations
authorizing such exclusive or preferential use of a highway
facility may be declared to be effective at all times or at specified times of day or on specified days. Violation of a restriction of highway usage prescribed by the appropriate authority
under this section is a traffic infraction. [1999 c 206 § 1;
1998 c 245 § 90; 1991 sp.s. c 15 § 67; 1984 c 7 § 65; 1974
ex.s. c 133 § 2.]
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
Severability—1984 c 7: See note following RCW 47.01.141.
Limited access facilities: RCW 47.52.025.
RIGHT OF WAY
46.61.180
46.61.180 Vehicle approaching intersection. (1)
When two vehicles approach or enter an intersection from
[Title 46 RCW—page 211]
46.61.183
Title 46 RCW: Motor Vehicles
different highways at approximately the same time, the driver
of the vehicle on the left shall yield the right of way to the
vehicle on the right.
(2) The right of way rule declared in subsection (1) of
this section is modified at arterial highways and otherwise as
stated in this chapter. [1975 c 62 § 26; 1965 ex.s. c 155 § 28.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.183
46.61.183 Nonfunctioning signal lights. Except when
directed to proceed by a flagger, police officer, or fire fighter,
the driver of a vehicle approaching an intersection controlled
by a traffic control signal that is temporarily without power
on all approaches or is not displaying any green, red, or yellow indication to the approach the vehicle is on, shall consider the intersection to be an all-way stop. After stopping,
the driver shall yield the right of way in accordance with
RCW 46.61.180(1) and 46.61.185. [1999 c 200 § 1.]
46.61.185
46.61.185 Vehicle turning left. The driver of a vehicle
intending to turn to the left within an intersection or into an
alley, private road, or driveway shall yield the right of way to
any vehicle approaching from the opposite direction which is
within the intersection or so close thereto as to constitute an
immediate hazard. [1965 ex.s. c 155 § 29.]
46.61.190
46.61.190 Vehicle entering stop or yield intersection.
(1) Preferential right of way may be indicated by stop signs or
yield signs as authorized in RCW 47.36.110.
(2) Except when directed to proceed by a duly authorized
flagger, or a police officer, or a fire fighter vested by law with
authority to direct, control, or regulate traffic, every driver of
a vehicle approaching a stop sign shall stop at a clearly
marked stop line, but if none, before entering a marked crosswalk on the near side of the intersection or, if none, then at
the point nearest the intersecting roadway where the driver
has a view of approaching traffic on the intersecting roadway
before entering the roadway, and after having stopped shall
yield the right of way to any vehicle in the intersection or
approaching on another roadway so closely as to constitute
an immediate hazard during the time when such driver is
moving across or within the intersection or junction of roadways.
(3) The driver of a vehicle approaching a yield sign shall
in obedience to such sign slow down to a speed reasonable
for the existing conditions and if required for safety to stop,
shall stop at a clearly marked stop line, but if none, before
entering a marked crosswalk on the near side of the intersection or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the roadway, and then
after slowing or stopping, the driver shall yield the right of
way to any vehicle in the intersection or approaching on
another roadway so closely as to constitute an immediate
hazard during the time such driver is moving across or within
the intersection or junction of roadways: PROVIDED, That
if such a driver is involved in a collision with a vehicle in the
intersection or junction of roadways, after driving past a yield
sign without stopping, such collision shall be deemed prima
[Title 46 RCW—page 212]
facie evidence of the driver's failure to yield right of way.
[2000 c 239 § 5; 1975 c 62 § 27; 1965 ex.s. c 155 § 30.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Captions not law—2000 c 239: See note following RCW 49.17.350.
Severability—1975 c 62: See note following RCW 36.75.010.
Stop signs, "Yield" signs—Duties of persons using highway: RCW
47.36.110.
46.61.195 Arterial highways designated—Stopping
on entering. All state highways are hereby declared to be
arterial highways as respects all other public highways or private ways, except that the state department of transportation
has the authority to designate any county road or city street as
an arterial having preference over the traffic on the state highway if traffic conditions will be improved by such action.
Those city streets designated by the state department of
transportation as forming a part of the routes of state highways through incorporated cities and towns are declared to be
arterial highways as respects all other city streets or private
ways.
The governing authorities of incorporated cities and
towns may designate any street as an arterial having preference over the traffic on a state highway if the change is first
approved in writing by the state department of transportation.
The local authorities making such a change in arterial designation shall do so by proper ordinance or resolution and shall
erect or cause to be erected and maintained standard stop
signs, or "Yield" signs, to accomplish this change in arterial
designation.
The operator of any vehicle entering upon any arterial
highway from any other public highway or private way shall
come to a complete stop before entering the arterial highway
when stop signs are erected as provided by law. [1984 c 7 §
66; 1963 ex.s. c 3 § 48; 1961 c 12 § 46.60.330. Prior: 1955 c
146 § 5; 1947 c 200 § 14; 1937 c 189 § 105; Rem. Supp. 1947
§ 6360-105. Formerly RCW 46.60.330.]
46.61.195
Severability—1984 c 7: See note following RCW 47.01.141.
City streets subject to increased speed, designation as arterials: RCW
46.61.435.
Stop signs, "Yield" signs—Duties of persons using highway: RCW
47.36.110.
46.61.200 Stop intersections other than arterial may
be designated. In addition to the points of intersection of any
public highway with any arterial public highway that is constituted by law or by any proper authorities of this state or any
city or town of this state, the state department of transportation with respect to state highways, and the proper authorities
with respect to any other public highways, have the power to
determine and designate any particular intersection, or any
particular highways, roads, or streets or portions thereof, at
any intersection with which vehicles shall be required to stop
before entering such intersection. Upon the determination
and designation of such points at which vehicles will be
required to come to a stop before entering the intersection,
the proper authorities so determining and designating shall
cause to be posted and maintained proper signs of the standard design adopted by the state department of transportation
indicating that the intersection has been so determined and
designated and that vehicles entering it are required to stop. It
is unlawful for any person operating any vehicle when enter46.61.200
(2004 Ed.)
Rules of the Road
ing any intersection determined, designated, and bearing the
required sign to fail and neglect to bring the vehicle to a complete stop before entering the intersection. [1984 c 7 § 67;
1961 c 12 § 46.60.340. Prior: 1937 c 189 § 106; RRS § 6360106; 1927 c 284 § 1; RRS § 6362-41a. Formerly RCW
46.60.340.]
46.61.240
(2) Nothing in this section shall operate to relieve the
driver of a transit vehicle from the duty to drive with due
regard for the safety of all persons using the roadway. [1993
c 401 § 1.]
PEDESTRIANS' RIGHTS AND DUTIES
Severability—1984 c 7: See note following RCW 47.01.141.
46.61.230
46.61.202 Stopping when traffic obstructed. No
driver shall enter an intersection or a marked crosswalk or
drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or
railroad grade crossing to accommodate the vehicle he is
operating without obstructing the passage of other vehicles,
pedestrians, or railroad trains notwithstanding any traffic
control signal indications to proceed. [1975 c 62 § 48.]
46.61.202
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.205
46.61.205 Vehicle entering highway from private
road or driveway. The driver of a vehicle about to enter or
cross a highway from a private road or driveway shall yield
the right of way to all vehicles lawfully approaching on said
highway. [1990 c 250 § 88; 1965 ex.s. c 155 § 31.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1990 c 250: See note following RCW 46.16.301.
46.61.210
46.61.210 Operation of vehicles on approach of
emergency vehicles. (1) Upon the immediate approach of an
authorized emergency vehicle making use of audible and
visual signals meeting the requirements of RCW 46.37.190,
or of a police vehicle properly and lawfully making use of an
audible signal only the driver of every other vehicle shall
yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand
edge or curb of the roadway clear of any intersection and
shall stop and remain in such position until the authorized
emergency vehicle has passed, except when otherwise
directed by a police officer.
(2) This section shall not operate to relieve the driver of
an authorized emergency vehicle from the duty to drive with
due regard for the safety of all persons using the highway.
[1965 ex.s. c 155 § 32.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.215 Highway construction and maintenance.
(1) The driver of a vehicle shall yield the right of way to any
authorized vehicle or pedestrian actually engaged in work
upon a highway within any highway construction or maintenance area indicated by official traffic control devices.
(2) The driver of a vehicle shall yield the right of way to
any authorized vehicle obviously and actually engaged in
work upon a highway whenever such vehicle displays flashing lights meeting the requirements of RCW 46.37.300.
[1975 c 62 § 40.]
46.61.215
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.220 Transit vehicles. (1) The driver of a vehicle
shall yield the right of way to a transit vehicle traveling in the
same direction that has signalled and is reentering the traffic
flow.
46.61.220
(2004 Ed.)
46.61.230 Pedestrians subject to traffic regulations.
Pedestrians shall be subject to traffic-control signals at intersections as provided in RCW 46.61.060, and at all other
places pedestrians shall be accorded the privileges and shall
be subject to the restrictions stated in this chapter. [1965 ex.s.
c 155 § 33.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.235
46.61.235 Crosswalks. (1) The operator of an
approaching vehicle shall stop and remain stopped to allow a
pedestrian or bicycle to cross the roadway within an
unmarked or marked crosswalk when the pedestrian or bicycle is upon or within one lane of the half of the roadway upon
which the vehicle is traveling or onto which it is turning. For
purposes of this section "half of the roadway" means all traffic lanes carrying traffic in one direction of travel, and
includes the entire width of a one-way roadway.
(2) No pedestrian or bicycle shall suddenly leave a curb
or other place of safety and walk, run, or otherwise move into
the path of a vehicle which is so close that it is impossible for
the driver to stop.
(3) Subsection (1) of this section does not apply under
the conditions stated in RCW 46.61.240(2).
(4) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian or bicycle to cross the roadway, the driver of
any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. [2000 c 85 § 1; 1993 c
153 § 1; 1990 c 241 § 4; 1965 ex.s. c 155 § 34.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.240
46.61.240 Crossing at other than crosswalks. (1)
Every pedestrian crossing a roadway at any point other than
within a marked crosswalk or within an unmarked crosswalk
at an intersection shall yield the right of way to all vehicles
upon the roadway.
(2) Where curb ramps exist at or adjacent to intersections
or at marked crosswalks in other locations, disabled persons
may enter the roadway from the curb ramps and cross the
roadway within or as closely as practicable to the crosswalk.
All other pedestrian rights and duties as defined elsewhere in
this chapter remain applicable.
(3) Any pedestrian crossing a roadway at a point where a
pedestrian tunnel or overhead pedestrian crossing has been
provided shall yield the right of way to all vehicles upon the
roadway.
(4) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any
place except in a marked crosswalk.
(5) No pedestrian shall cross a roadway intersection
diagonally unless authorized by official traffic-control
devices; and, when authorized to cross diagonally, pedestri[Title 46 RCW—page 213]
46.61.245
Title 46 RCW: Motor Vehicles
ans shall cross only in accordance with the official trafficcontrol devices pertaining to such crossing movements.
(6) No pedestrian shall cross a roadway at an unmarked
crosswalk where an official sign prohibits such crossing.
[1990 c 241 § 5; 1965 ex.s. c 155 § 35.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.245
46.61.245 Drivers to exercise care. Notwithstanding
the foregoing provisions of this chapter every driver of a
vehicle shall exercise due care to avoid colliding with any
pedestrian upon any roadway and shall give warning by
sounding the horn when necessary and shall exercise proper
precaution upon observing any child or any obviously confused or incapacitated person upon a roadway. [1965 ex.s. c
155 § 36.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Blind pedestrians: Chapter 70.84 RCW.
46.61.250
46.61.250 Pedestrians on roadways. (1) Where sidewalks are provided it is unlawful for any pedestrian to walk
or otherwise move along and upon an adjacent roadway.
Where sidewalks are provided but wheelchair access is not
available, disabled persons who require such access may
walk or otherwise move along and upon an adjacent roadway
until they reach an access point in the sidewalk.
(2) Where sidewalks are not provided any pedestrian
walking or otherwise moving along and upon a highway
shall, when practicable, walk or move only on the left side of
the roadway or its shoulder facing traffic which may
approach from the opposite direction and upon meeting an
oncoming vehicle shall move clear of the roadway. [1990 c
241 § 6; 1965 ex.s. c 155 § 37.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.255
46.61.255 Pedestrians soliciting rides or business. (1)
No person shall stand in or on a public roadway or alongside
thereof at any place where a motor vehicle cannot safely stop
off the main traveled portion thereof for the purpose of soliciting a ride for himself or for another from the occupant of
any vehicle.
(2) It shall be unlawful for any person to solicit a ride for
himself or another from within the right of way of any limited
access facility except in such areas where permission to do so
is given and posted by the highway authority of the state,
county, city or town having jurisdiction over the highway.
(3) The provisions of subsections (1) and (2) above shall
not be construed to prevent a person upon a public highway
from soliciting, or a driver of a vehicle from giving a ride
where an emergency actually exists, nor to prevent a person
from signaling or requesting transportation from a passenger
carrier for the purpose of becoming a passenger thereon for
hire.
(4) No person shall stand in a roadway for the purpose of
soliciting employment or business from the occupant of any
vehicle.
(5) No person shall stand on or in proximity to a street or
highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a
street or highway.
[Title 46 RCW—page 214]
(6)(a) Except as provided in (b) of this subsection, the
state preempts the field of the regulation of hitchhiking in any
form, and no county, city, or town shall take any action in
conflict with the provisions of this section.
(b) A county, city, or town may regulate or prohibit
hitchhiking in an area in which it has determined that prostitution is occurring and that regulating or prohibiting hitchhiking will help to reduce prostitution in the area. [1989 c 288 §
1; 1972 ex.s. c 38 § 1; 1965 ex.s. c 155 § 38.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.260
46.61.260 Driving through safety zone prohibited.
No vehicle shall at any time be driven through or within a
safety zone. [1965 ex.s. c 155 § 39.]
46.61.261
46.61.261 Sidewalks, crosswalks—Pedestrians, bicycles. The driver of a vehicle shall yield the right of way to
any pedestrian or bicycle on a sidewalk. The rider of a bicycle
shall yield the right of way to a pedestrian on a sidewalk or
crosswalk. [2000 c 85 § 2; 1975 c 62 § 41.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.264 Pedestrians yield to emergency vehicles.
(1) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the
requirements of RCW 46.37.380 subsection (4) and visual
signals meeting the requirements of RCW 46.37.190, or of a
police vehicle meeting the requirements of RCW 46.61.035
subsection (3), every pedestrian shall yield the right of way to
the authorized emergency vehicle.
(2) This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons using the highway nor
from the duty to exercise due care to avoid colliding with any
pedestrian. [1975 c 62 § 42.]
46.61.264
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.266
46.61.266 Pedestrians under the influence of alcohol
or drugs. A law enforcement officer may offer to transport a
pedestrian who appears to be under the influence of alcohol
or any drug and who is walking or moving along or within the
right of way of a public roadway, unless the pedestrian is to
be taken into protective custody under RCW 70.96A.120.
The law enforcement officer offering to transport an
intoxicated pedestrian under this section shall:
(1) Transport the intoxicated pedestrian to a safe place;
or
(2) Release the intoxicated pedestrian to a competent
person.
The law enforcement officer shall take no action if the
pedestrian refuses this assistance. No suit or action may be
commenced or prosecuted against the law enforcement
officer, law enforcement agency, the state of Washington, or
any political subdivision of the state for any act resulting
from the refusal of the pedestrian to accept this assistance.
[1990 c 241 § 7; 1987 c 11 § 1; 1975 c 62 § 43.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
(2004 Ed.)
Rules of the Road
46.61.269 Passing beyond bridge or grade crossing
barrier prohibited. (1) No pedestrian shall enter or remain
upon any bridge or approach thereto beyond a bridge signal
gate, or barrier indicating a bridge is closed to through traffic,
after a bridge operation signal indication has been given.
(2) No pedestrian shall pass through, around, over, or
under any crossing gate or barrier at a railroad grade crossing
or bridge while such gate or barrier is closed or is being
opened or closed. [1975 c 62 § 44.]
46.61.269
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
TURNING AND STARTING AND SIGNALS ON
STOPPING AND TURNING
46.61.290 Required position and method of turning
at intersections. The driver of a vehicle intending to turn
shall do so as follows:
(1) Right turns. Both the approach for a right turn and a
right turn shall be made as close as practicable to the righthand curb or edge of the roadway.
(2) Left turns. The driver of a vehicle intending to turn
left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of
the vehicle. Whenever practicable the left turn shall be made
to the left of the center of the intersection and so as to leave
the intersection or other location in the extreme left-hand lane
lawfully available to traffic moving in the same direction as
the vehicle on the roadway being entered.
(3) Two-way left turn lanes.
(a) The department of transportation and local authorities in their respective jurisdictions may designate a two-way
left turn lane on a roadway. A two-way left turn lane is near
the center of the roadway set aside for use by vehicles making
left turns in either direction from or into the roadway.
(b) Two-way left turn lanes shall be designated by distinctive uniform roadway markings. The department of transportation shall determine and prescribe standards and specifications governing type, length, width, and positioning of the
distinctive permanent markings. The standards and specifications developed shall be filed with the code reviser in accordance with the procedures set forth in the administrative procedure act, chapter 34.05 RCW. On and after July 1, 1971,
permanent markings designating a two-way left turn lane
shall conform to such standards and specifications.
(c) Upon a roadway where a center lane has been provided by distinctive pavement markings for the use of vehicles turning left from either direction, no vehicles may turn
left from any other lane. A vehicle shall not be driven in this
center lane for the purpose of overtaking or passing another
vehicle proceeding in the same direction. No vehicle may
travel further than three hundred feet within the lane. A signal, either electric or manual, for indicating a left turn movement, shall be made at least one hundred feet before the
actual left turn movement is made.
(4) The department of transportation and local authorities in their respective jurisdictions may cause official trafficcontrol devices to be placed and thereby require and direct
that a different course from that specified in this section be
traveled by turning vehicles, and when the devices are so
placed no driver of a vehicle may turn a vehicle other than as
46.61.290
(2004 Ed.)
46.61.310
directed and required by the devices. [1997 c 202 § 1. Prior:
1984 c 12 § 1; 1984 c 7 § 68; 1975 c 62 § 28; 1969 ex.s. c 281
§ 61; 1965 ex.s. c 155 § 40.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.295 "U" turns. (1) The driver of any vehicle
shall not turn such vehicle so as to proceed in the opposite
direction unless such movement can be made in safety and
without interfering with other traffic.
(2) No vehicle shall be turned so as to proceed in the
opposite direction upon any curve, or upon the approach to or
near the crest of a grade, where such vehicle cannot be seen
by the driver of any other vehicle approaching from either
direction within five hundred feet. [1975 c 62 § 29; 1965
ex.s. c 155 § 41.]
46.61.295
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
Limited access highways: RCW 47.52.120.
46.61.300 Starting parked vehicle. No person shall
start a vehicle which is stopped, standing or parked unless
and until such movement can be made with reasonable safety.
[1965 ex.s. c 155 § 42.]
46.61.300
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.305 When signals required—Improper use
prohibited. (1) No person shall turn a vehicle or move right
or left upon a roadway unless and until such movement can
be made with reasonable safety nor without giving an appropriate signal in the manner hereinafter provided.
(2) A signal of intention to turn or move right or left
when required shall be given continuously during not less
than the last one hundred feet traveled by the vehicle before
turning.
(3) No person shall stop or suddenly decrease the speed
of a vehicle without first giving an appropriate signal in the
manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
(4) The signals provided for in RCW 46.61.310 subsection (2), shall not be flashed on one side only on a disabled
vehicle, flashed as a courtesy or "do pass" signal to operators
of other vehicles approaching from the rear, nor be flashed on
one side only of a parked vehicle except as may be necessary
for compliance with this section. [1975 c 62 § 30; 1965 ex.s.
c 155 § 43.]
46.61.305
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.310 Signals by hand and arm or signal lamps.
(1) Any stop or turn signal when required herein shall be
given either by means of the hand and arm or by signal lamps,
except as otherwise provided in subsection (2) hereof.
(2) Any motor vehicle in use on a highway shall be
equipped with, and required signal shall be given by, signal
lamps when the distance from the center of the top of the
steering post to the left outside limit of the body, cab or load
of such motor vehicle exceeds twenty-four inches, or when
the distance from the center of the top of the steering post to
46.61.310
[Title 46 RCW—page 215]
46.61.315
Title 46 RCW: Motor Vehicles
the rear limit of the body or load thereof exceeds fourteen
feet. The latter measurements shall apply to any single vehicle, also to any combination of vehicles. [1965 ex.s. c 155 §
44.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.315
46.61.315 Method of giving hand and arm signals.
All signals herein required given by hand and arm shall be
given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
(1) Left turn. Hand and arm extended horizontally.
(2) Right turn. Hand and arm extended upward.
(3) Stop or decrease speed. Hand and arm extended
downward. [1965 ex.s. c 155 § 45.]
SPECIAL STOPS REQUIRED
46.61.340
46.61.340 Approaching train signal. (1) Whenever
any person driving a vehicle approaches a railroad grade
crossing under any of the circumstances stated in this section,
the driver of such vehicle shall stop within fifty feet but not
less than fifteen feet from the nearest rail of such railroad, and
shall not proceed until the crossing can be made safely. The
foregoing requirements shall apply when:
(a) A clearly visible electric or mechanical signal device
gives warning of the immediate approach of a railroad train;
(b) A crossing gate is lowered or when a human flagger
gives or continues to give a signal of the approach or passage
of a railroad train;
(c) An approaching railroad train is plainly visible and is
in hazardous proximity to such crossing.
(2) No person shall drive any vehicle through, around or
under any crossing gate or barrier at a railroad crossing while
such gate or barrier is closed or is being opened or closed.
[2000 c 239 § 6; 1965 ex.s. c 155 § 46.]
Captions not law—2000 c 239: See note following RCW 49.17.350.
46.61.345
46.61.345 All vehicles must stop at certain railroad
grade crossings. The state department of transportation and
local authorities within their respective jurisdictions are
authorized to designate particularly dangerous highway
grade crossings of railroads and to erect stop signs at those
crossings. When such stop signs are erected the driver of any
vehicle shall stop within fifty feet but not less than fifteen feet
from the nearest rail of the railroad and shall proceed only
upon exercising due care. [1984 c 7 § 69; 1965 ex.s. c 155 §
47.]
Severability—1984 c 7: See note following RCW 47.01.141.
46.61.350
46.61.350 Certain vehicles must stop at all railroad
grade crossings—Exceptions. (1) The driver of any motor
vehicle carrying passengers for hire, other than a passenger
car, or of any school bus or private carrier bus carrying any
school child or other passenger, or of any vehicle carrying
explosive substances or flammable liquids as a cargo or part
of a cargo, before crossing at grade any track or tracks of a
railroad, shall stop such vehicle within fifty feet but not less
than fifteen feet from the nearest rail of such railroad and
while so stopped shall listen and look in both directions along
such track for any approaching train, and for signals indicat[Title 46 RCW—page 216]
ing the approach of a train, except as hereinafter provided,
and shall not proceed until he can do so safely. After stopping
as required herein and upon proceeding when it is safe to do
so the driver of any said vehicle shall cross only in such gear
of the vehicle that there will be no necessity for changing
gears while traversing such crossing, and the driver shall not
shift gears while crossing the track or tracks.
(2) This section shall not apply at:
(a) Any railroad grade crossing at which traffic is controlled by a police officer or a duly authorized flagman;
(b) Any railroad grade crossing at which traffic is regulated by a traffic control signal;
(c) Any railroad grade crossing protected by crossing
gates or an alternately flashing light signal intended to give
warning of the approach of a railroad train;
(d) Any railroad grade crossing at which an official traffic control device as designated by the utilities and transportation commission pursuant to RCW 81.53.060 gives notice
that the stopping requirement imposed by this section does
not apply. [1977 c 78 § 1; 1975 c 62 § 31; 1970 ex.s. c 100 §
7; 1965 ex.s. c 155 § 48.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.355
46.61.355 Moving heavy equipment at railroad grade
crossings—Notice of intended crossing. (1) No person
shall operate or move any crawler-type tractor, steam shovel,
derrick, roller, or any equipment or structure having a normal
operating speed of ten or less miles per hour or a vertical
body or load clearance of less than one-half inch per foot of
the distance between any two adjacent axles or in any event
of less than nine inches, measured above the level surface of
a roadway, upon or across any tracks at a railroad grade
crossing without first complying with this section.
(2) Notice of any such intended crossing shall be given
to the station agent of such railroad located nearest the
intended crossing sufficiently in advance to allow such railroad a reasonable time to prescribe proper protection for such
crossing.
(3) Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop
the same not less than fifteen feet nor more than fifty feet
from the nearest rail of such railroad and while so stopped
shall listen and look in both directions along such track for
any approaching train and for signals indicating the approach
of a train, and shall not proceed until the crossing can be
made safely.
(4) No such crossing shall be made when warning is
given by automatic signal or crossing gates or a flagger or
otherwise of the immediate approach of a railroad train or
car. If a flagger is provided by the railroad, movement over
the crossing shall be under the flagger's direction. [2000 c
239 § 7; 1975 c 62 § 32; 1965 ex.s. c 155 § 49.]
Captions not law—2000 c 239: See note following RCW 49.17.350.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.365
46.61.365 Emerging from alley, driveway, or building. The driver of a vehicle within a business or residence
district emerging from an alley, driveway or building shall
stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway
(2004 Ed.)
Rules of the Road
or driveway, and shall yield the right of way to any pedestrian
as may be necessary to avoid collision, and upon entering the
roadway shall yield the right of way to all vehicles approaching on said roadway. [1965 ex.s. c 155 § 51.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.370
46.61.370 Overtaking or meeting school bus—Duties
of bus driver. (1) The driver of a vehicle upon overtaking or
meeting from either direction any school bus which has
stopped on the roadway for the purpose of receiving or discharging any school children shall stop the vehicle before
reaching such school bus when there is in operation on said
school bus a visual signal as specified in RCW 46.37.190 and
said driver shall not proceed until such school bus resumes
motion or the visual signals are no longer activated.
(2) The driver of a vehicle upon a highway divided into
separate roadways as provided in RCW 46.61.150 need not
stop upon meeting a school bus which is proceeding in the
opposite direction and is stopped for the purpose of receiving
or discharging school children.
(3) The driver of a vehicle upon a highway with three or
more marked traffic lanes need not stop upon meeting a
school bus which is proceeding in the opposite direction and
is stopped for the purpose of receiving or discharging school
children.
(4) The driver of a school bus shall actuate the visual signals required by RCW 46.37.190 only when such bus is
stopped on the roadway for the purpose of receiving or discharging school children.
(5) The driver of a school bus may stop completely off
the roadway for the purpose of receiving or discharging
school children only when the school children do not have to
cross the roadway. The school bus driver shall actuate the
hazard warning lamps as defined in RCW 46.37.215 before
loading or unloading school children at such stops.
(6) A person found to have committed an infraction of
subsection (1) of this section shall be assessed a monetary
penalty equal to twice the total penalty assessed under RCW
46.63.110. This penalty may not be waived, reduced, or suspended. Fifty percent of the money so collected shall be
deposited into the school zone safety account in the custody
of the state treasurer and disbursed in accordance with *RCW
46.61.440(3). [1997 c 80 § 1; 1990 c 241 § 8; 1965 ex.s. c
155 § 52.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
*Reviser's note: RCW 46.61.440 was amended by 2003 c 192 § 1,
changing subsection (3) to subsection (4).
Bus routes: RCW 28A.160.115.
46.61.371
46.61.371 School bus stop sign violators—Identification by vehicle owner. If a law enforcement officer investigating a violation of RCW 46.61.370 has reasonable cause to
believe that a violation has occurred, the officer may request
the owner of the motor vehicle to supply information identifying the driver of the vehicle at the time the violation
occurred. When requested, the owner of the motor vehicle
shall identify the driver to the best of the owner's ability. The
owner of the vehicle is not required to supply identification
information to the law enforcement officer if the owner
(2004 Ed.)
46.61.375
believes the information is self-incriminating. [1992 c 39 §
1.]
46.61.372
46.61.372 School bus stop sign violators—Report by
bus driver—Law enforcement investigation. (1) The
driver of a school bus who observes a violation of RCW
46.61.370 may prepare a written report on a form provided by
the state patrol or another law enforcement agency indicating
that a violation has occurred. The driver of the school bus or
a school official may deliver the report to a law enforcement
officer of the state, county, or municipality in which the violation occurred but not more than seventy-two hours after the
violation occurred. The driver shall include in the report the
time and location at which the violation occurred, the vehicle
license plate number, and a description of the vehicle
involved in the violation.
(2) The law enforcement officer shall initiate an investigation of the reported violation within ten working days after
receiving the report described in subsection (1) of this section
by contacting the owner of the motor vehicle involved in the
reported violation and requesting the owner to supply information identifying the driver. Failure to investigate within the
ten working day period does not prohibit further investigation
or prosecution. If, after an investigation, the law enforcement
officer is able to identify the driver and has reasonable cause
to believe a violation of RCW 46.61.370 has occurred, the
law enforcement officer shall prepare a notice of traffic
infraction and have it served upon the driver of the vehicle.
[1992 c 39 § 2.]
46.61.375
46.61.375 Overtaking or meeting private carrier
bus—Duties of bus driver. (1) The driver of a vehicle upon
overtaking or meeting from either direction any private carrier bus which has stopped on the roadway for the purpose of
receiving or discharging any passenger shall stop the vehicle
before reaching such private carrier bus when there is in operation on said bus a visual signal as specified in RCW
46.37.190 and said driver shall not proceed until such bus
resumes motion or the visual signals are no longer activated.
(2) The driver of a vehicle upon a highway divided into
separate roadways as provided in RCW 46.61.150 need not
stop upon meeting a private carrier bus which is proceeding
in the opposite direction and is stopped for the purpose of
receiving or discharging passengers.
(3) The driver of a vehicle upon a highway with three or
more lanes need not stop upon meeting a private carrier bus
which is proceeding in the opposite direction and is stopped
for the purpose of receiving or discharging passengers.
(4) The driver of a private carrier bus shall actuate the
visual signals required by RCW 46.37.190 only when such
bus is stopped on the roadway for the purpose of receiving or
discharging passengers.
(5) The driver of a private carrier bus may stop a private
carrier bus completely off the roadway for the purpose of
receiving or discharging passengers only when the passengers do not have to cross the roadway. The private carrier bus
driver shall actuate the hazard warning lamps as defined in
RCW 46.37.215 before loading or unloading passengers at
such stops. [1990 c 241 § 9; 1970 ex.s. c 100 § 8.]
[Title 46 RCW—page 217]
46.61.380
Title 46 RCW: Motor Vehicles
46.61.380
46.61.380 Rules for design, marking, and mode of
operating school buses. (1) The state superintendent of public instruction shall adopt and enforce rules not inconsistent
with the law of this state to govern the design, marking, and
mode of operation of all school buses owned and operated by
any school district or privately owned and operated under
contract or otherwise with any school district in this state for
the transportation of school children.
(2) School districts shall not be prohibited from placing
or displaying a flag of the United States on a school bus when
it does not interfere with the vehicle's safe operation. The
state superintendent of public instruction shall adopt and
enforce rules not inconsistent with the law of this state to
govern the size, placement, and display of the flag of the
United States on all school buses referenced in subsection (1)
of this section.
(3) Rules shall by reference be made a part of any such
contract or other agreement with the school district. Every
school district, its officers and employees, and every person
employed under contract or otherwise by a school district is
subject to such rules. It is unlawful for any officer or
employee of any school district or for any person operating
any school bus under contract with any school district to violate any of the provisions of such rules. [2002 c 29 § 1; 1995
c 269 § 2501; 1984 c 7 § 70; 1961 c 12 § 46.48.150. Prior:
1937 c 189 § 131; RRS § 6360-131. Formerly RCW
46.48.150.]
Any school district having a school patrol may purchase
uniforms and other appropriate insignia, traffic signs and
other appropriate materials, all to be used by members of
such school patrol while in performance of their duties, and
may pay for the same out of the general fund of the district.
It shall be unlawful for the operator of any vehicle to fail
to stop his vehicle when directed to do so by a school patrol
sign or signal displayed by a member of the school patrol
engaged in the performance of his duty and wearing or displaying appropriate insignia, and it shall further be unlawful
for the operator of a vehicle to disregard any other reasonable
directions of a member of the school patrol when acting in
performance of his duties as such.
School districts may expend funds from the general fund
of the district to pay premiums for life and accident policies
covering the members of the school patrol in their district
while engaged in the performance of their school patrol
duties.
Members of the school patrol shall be considered as
employees for the purposes of RCW 28A.400.370. [1990 c
33 § 585; 1974 ex.s. c 47 § 1; 1961 c 12 § 46.48.160. Prior:
1953 c 278 § 1; 1937 c 189 § 130; RRS § 6360-130; 1927 c
309 § 42; RRS § 6362-42. Formerly RCW 46.48.160.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
SPEED RESTRICTIONS
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
Severability—1984 c 7: See note following RCW 47.01.141.
School buses
generally: Chapter 28A.160 RCW.
signs: RCW 46.37.193.
stop signal and lamps: RCW 46.37.190.
46.61.385
46.61.385 School patrol—Appointment—Authority—Finance—Insurance. The superintendent of public
instruction, through the superintendent of schools of any
school district, or other officer or board performing like functions with respect to the schools of any other educational
administrative district, may cause to be appointed voluntary
adult recruits as supervisors and, from the student body of
any public or private school or institution of learning, students, who shall be known as members of the "school patrol"
and who shall serve without compensation and at the pleasure
of the authority making the appointment.
The members of such school patrol shall wear an appropriate designation or insignia identifying them as members of
the school patrol when in performance of their duties, and
they may display "stop" or other proper traffic directional
signs or signals at school crossings or other points where
school children are crossing or about to cross a public highway, but members of the school patrol and their supervisors
shall be subordinate to and obey the orders of any peace
officer present and having jurisdiction.
School districts, at their discretion, may hire sufficient
numbers of adults to serve as supervisors. Such adults shall
be subordinate to and obey the orders of any peace officer
present and having jurisdiction.
[Title 46 RCW—page 218]
46.61.400
46.61.400 Basic rule and maximum limits. (1) No
person shall drive a vehicle on a highway at a speed greater
than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In
every event speed shall be so controlled as may be necessary
to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal
requirements and the duty of all persons to use due care.
(2) Except when a special hazard exists that requires
lower speed for compliance with subsection (1) of this section, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no
person shall drive a vehicle on a highway at a speed in excess
of such maximum limits.
(a) Twenty-five miles per hour on city and town streets;
(b) Fifty miles per hour on county roads;
(c) Sixty miles per hour on state highways.
The maximum speed limits set forth in this section may
be altered as authorized in RCW 46.61.405, 46.61.410, and
46.61.415.
(3) The driver of every vehicle shall, consistent with the
requirements of subsection (1) of this section, drive at an
appropriate reduced speed when approaching and crossing an
intersection or railway grade crossing, when approaching and
going around a curve, when approaching a hill crest, when
traveling upon any narrow or winding roadway, and when
special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. [1965
ex.s. c 155 § 54; 1963 c 16 § 1. Formerly RCW 46.48.011.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Saving of existing orders, etc., establishing speed limits—1963 c 16:
"This act shall not repeal or invalidate existing orders and resolutions of the
(2004 Ed.)
Rules of the Road
state highway commission or existing resolutions and ordinances of local
authorities establishing speed limits within their respective jurisdictions."
[1963 c 16 § 7. Formerly RCW 46.48.016.]
46.61.405
46.61.405 Decreases by secretary of transportation.
Whenever the secretary of transportation shall determine
upon the basis of an engineering and traffic investigation that
any maximum speed hereinbefore set forth is greater than is
reasonable or safe with respect to a state highway under the
conditions found to exist at any intersection or upon any other
part of the state highway system or at state ferry terminals, or
that a general reduction of any maximum speed set forth in
RCW 46.61.400 is necessary in order to comply with a
national maximum speed limit, the secretary may determine
and declare a reasonable and safe lower maximum limit or a
lower maximum limit which will comply with a national
maximum speed limit, for any state highway, the entire state
highway system, or any portion thereof, which shall be effective when appropriate signs giving notice thereof are erected.
The secretary may also fix and regulate the speed of vehicles
on any state highway within the maximum speed limit
allowed by this chapter for special occasions including, but
not limited to, local parades and other special events. Any
such maximum speed limit may be declared to be effective at
all times or at such times as are indicated upon the said signs;
and differing limits may be established for different times of
day, different types of vehicles, varying weather conditions,
and other factors bearing on safe speeds, which shall be
effective (a) when posted upon appropriate fixed or variable
signs or (b) if a maximum limit is established for auto stages
which is lower than the limit for automobiles, the auto stage
speed limit shall become effective thirty days after written
notice thereof is mailed in the manner provided in subsection
(4) of RCW 46.61.410, as now or hereafter amended. [1987
c 397 § 3; 1977 ex.s. c 151 § 34; 1974 ex.s. c 103 § 1; 1970
ex.s. c 100 § 2; 1967 c 25 § 1; 1963 c 16 § 2. Formerly RCW
46.48.012.]
Intent—1987 c 397: See note following RCW 46.61.410.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
46.61.415
said signs or in the case of auto stages, as indicated in said
written notice; and differing limits may be established for different times of day, different types of vehicles, varying
weather conditions, and other factors bearing on safe speeds,
which shall be effective when posted upon appropriate fixed
or variable signs or if a maximum limit is established for auto
stages which is lower than the limit for automobiles, the auto
stage speed limit shall become effective thirty days after written notice thereof is mailed in the manner provided in subsection (4) of this section.
(2) The maximum speed limit for vehicles over ten thousand pounds gross weight and vehicles in combination except
auto stages shall not exceed sixty miles per hour and may be
established at a lower limit by the secretary as provided in
RCW 46.61.405.
(3) The word "trucks" used by the department on signs
giving notice of maximum speed limits means vehicles over
ten thousand pounds gross weight and all vehicles in combination except auto stages.
(4) Whenever the secretary establishes maximum speed
limits for auto stages lower than the maximum limits for
automobiles, the secretary shall cause to be mailed notice
thereof to each auto transportation company holding a certificate of public convenience and necessity issued by the
Washington utilities and transportation commission. The
notice shall be mailed to the chief place of business within the
state of Washington of each auto transportation company or
if none then its chief place of business without the state of
Washington. [1996 c 52 § 1; 1987 c 397 § 4; 1977 ex.s. c 151
§ 35; 1974 ex.s. c 103 § 2; 1970 ex.s. c 100 § 1; 1969 ex.s. c
12 § 1; 1965 ex.s. c 155 § 55; 1963 c 16 § 3. Formerly RCW
46.48.013.]
Intent—1987 c 397: "It is the intent of the legislature to increase the
speed limit to sixty-five miles per hour on those portions of the rural interstate highway system where the increase would be safe and reasonable and is
allowed by federal law. It is also the intent of the legislature that the sixtyfive miles per hour speed limit be strictly enforced." [1987 c 397 § 1.]
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
46.61.415
46.61.410
46.61.410 Increases by secretary of transportation—
Maximum speed limit for trucks—Auto stages—Signs
and notices. (1)(a) Subject to subsection (2) of this section
the secretary may increase the maximum speed limit on any
highway or portion thereof to not more than seventy miles per
hour in accordance with the design speed thereof (taking into
account all safety elements included therein), or whenever
the secretary determines upon the basis of an engineering and
traffic investigation that such greater speed is reasonable and
safe under the circumstances existing on such part of the
highway.
(b) The greater maximum limit established under (a) of
this subsection shall be effective when appropriate signs giving notice thereof are erected, or if a maximum limit is established for auto stages which is lower than the limit for automobiles, the auto stage speed limit shall become effective
thirty days after written notice thereof is mailed in the manner
provided in subsection (4) of this section.
(c) Such maximum speed limit may be declared to be
effective at all times or at such times as are indicated upon
(2004 Ed.)
46.61.415 When local authorities may alter maximum limits. (1) Whenever local authorities in their respective jurisdictions determine on the basis of an engineering
and traffic investigation that the maximum speed permitted
under RCW 46.61.400 or 46.61.440 is greater or less than is
reasonable and safe under the conditions found to exist upon
a highway or part of a highway, the local authority may determine and declare a reasonable and safe maximum limit
thereon which
(a) Decreases the limit at intersections; or
(b) Increases the limit but not to more than sixty miles
per hour; or
(c) Decreases the limit but not to less than twenty miles
per hour.
(2) Local authorities in their respective jurisdictions
shall determine by an engineering and traffic investigation
the proper maximum speed for all arterial streets and shall
declare a reasonable and safe maximum limit thereon which
may be greater or less than the maximum speed permitted
under RCW 46.61.400(2) but shall not exceed sixty miles per
hour.
[Title 46 RCW—page 219]
46.61.419
Title 46 RCW: Motor Vehicles
(3) The secretary of transportation is authorized to establish speed limits on county roads and city and town streets as
shall be necessary to conform with any federal requirements
which are a prescribed condition for the allocation of federal
funds to the state.
(4) Any altered limit established as hereinbefore authorized shall be effective when appropriate signs giving notice
thereof are erected. Such maximum speed limit may be
declared to be effective at all times or at such times as are
indicated upon such signs; and differing limits may be established for different times of day, different types of vehicles,
varying weather conditions, and other factors bearing on safe
speeds, which shall be effective when posted upon appropriate fixed or variable signs.
(5) Any alteration of maximum limits on state highways
within incorporated cities or towns by local authorities shall
not be effective until such alteration has been approved by the
secretary of transportation. [1977 ex.s. c 151 § 36; 1974 ex.s.
c 103 § 3; 1963 c 16 § 4. Formerly RCW 46.48.014.]
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
46.61.419 Private roads—Speed enforcement. State,
local, or county law enforcement personnel may enforce
speeding violations under RCW 46.61.400 on private roads
within a community organized under chapter 64.38 RCW if:
(1) A majority of the homeowner's association's board of
directors votes to authorize the issuance of speeding infractions on its private roads, and declares a speed limit not lower
than twenty miles per hour;
(2) A written agreement regarding the speeding enforcement is signed by the homeowner's association president and
the chief law enforcement official of the city or county within
whose jurisdiction the private road is located;
(3) The homeowner's association has provided written
notice to all of the homeowners describing the new authority
to issue speeding infractions; and
(4) Signs have been posted declaring the speed limit at
all vehicle entrances to the community. [2003 c 193 § 1.]
46.61.419
sary for safe operation or in compliance with law. [1977 ex.s.
c 151 § 37; 1969 c 135 § 1; 1967 c 25 § 2; 1963 c 16 § 6. Formerly RCW 46.48.015.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
46.61.427
46.61.427 Slow-moving vehicle to pull off roadway.
On a two-lane highway where passing is unsafe because of
traffic in the opposite direction or other conditions, a slow
moving vehicle, behind which five or more vehicles are
formed in a line, shall turn off the roadway wherever sufficient area for a safe turn-out exists, in order to permit the
vehicles following to proceed. As used in this section a slow
moving vehicle is one which is proceeding at a rate of speed
less than the normal flow of traffic at the particular time and
place. [1973 c 88 § 1.]
46.61.428
46.61.428 Slow-moving vehicle driving on shoulders,
when. (1) The state department of transportation and local
authorities are authorized to determine those portions of any
two-lane highways under their respective jurisdictions on
which drivers of slow-moving vehicles may safely drive onto
improved shoulders for the purpose of allowing overtaking
vehicles to pass and may by appropriate signs indicate the
beginning and end of such zones.
(2) Where signs are in place to define a driving-onshoulder zone as set forth in subsection (1) of this section, the
driver of a slow-moving vehicle may drive onto and along the
shoulder within the zone but only for the purpose of allowing
overtaking vehicles to pass and then shall return to the roadway.
(3) Signs erected to define a driving-on-shoulder zone
take precedence over pavement markings for the purpose of
allowing the movements described in subsection (2) of this
section. [1984 c 7 § 71; 1977 ex.s. c 39 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
46.61.430
46.61.425 Minimum speed regulation—Passing slow
moving vehicle. (1) No person shall drive a motor vehicle at
such a slow speed as to impede the normal and reasonable
movement of traffic except when reduced speed is necessary
for safe operation or in compliance with law: PROVIDED,
That a person following a vehicle driving at less than the
legal maximum speed and desiring to pass such vehicle may
exceed the speed limit, subject to the provisions of RCW
46.61.120 on highways having only one lane of traffic in each
direction, at only such a speed and for only such a distance as
is necessary to complete the pass with a reasonable margin of
safety.
(2) Whenever the secretary of transportation or local
authorities within their respective jurisdictions determine on
the basis of an engineering and traffic investigation that slow
speeds on any part of a highway unreasonably impede the
normal movement of traffic, the secretary or such local
authority may determine and declare a minimum speed limit
thereat which shall be effective when appropriate signs giving notice thereof are erected. No person shall drive a vehicle
slower than such minimum speed limit except when neces46.61.425
[Title 46 RCW—page 220]
46.61.430 Authority of secretary of transportation to
fix speed limits on limited access facilities exclusive—
Local regulations. Notwithstanding any law to the contrary
or inconsistent herewith, the secretary of transportation shall
have the power and the duty to fix and regulate the speed of
vehicles within the maximum speed limit allowed by law for
state highways, designated as limited access facilities,
regardless of whether a portion of said highway is within the
corporate limits of a city or town. No governing body or
authority of such city or town or other political subdivision
may have the power to pass or enforce any ordinance, rule, or
regulation requiring a different rate of speed, and all such
ordinances, rules, and regulations contrary to or inconsistent
therewith now in force are void and of no effect. [1977 ex.s.
c 151 § 38; 1974 ex.s. c 103 § 4; 1961 c 12 § 46.48.041. Prior:
1955 c 177 § 5. Formerly RCW 46.48.041.]
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
46.61.435
46.61.435 Local authorities to provide "stop" or
"yield" signs at intersections with increased speed highways—Designated as arterials. The governing body or
(2004 Ed.)
Rules of the Road
authority of any such city or town or political subdivision
shall place and maintain upon each and every highway intersecting a highway where an increased speed is permitted, as
provided in this chapter, appropriate stop or yield signs, sufficient to be read at any time by any person upon approaching
and entering the highway upon which such increased speed is
permitted and such city street or such portion thereof as is
subject to the increased speed shall be an arterial highway.
[1975 c 62 § 33; 1961 c 12 § 46.48.046. Prior: 1951 c 28 § 4;
prior: 1937 c 189 § 66, part; RRS § 6360-66, part; 1927 c 309
§ 5, part; 1921 c 96 § 41, part; 1919 c 59 § 13, part; 1917 c
155 § 20, part; 1915 c 142 § 34, part; RRS § 6362-5, part.
Formerly RCW 46.48.046.]
Severability—1975 c 62: See note following RCW 36.75.010.
Designation of city streets as arterials, stopping on entering: RCW
46.61.195.
Traffic control signals or devices upon city streets forming part of state highways: RCW 46.61.085.
46.61.440
46.61.440 Maximum speed limit when passing school
or playground crosswalks—Penalty, disposition of proceeds. (1) Subject to RCW 46.61.400(1), and except in those
instances where a lower maximum lawful speed is provided
by this chapter or otherwise, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of
twenty miles per hour when operating any vehicle upon a
highway either inside or outside an incorporated city or town
when passing any marked school or playground crosswalk
when such marked crosswalk is fully posted with standard
school speed limit signs or standard playground speed limit
signs. The speed zone at the crosswalk shall extend three
hundred feet in either direction from the marked crosswalk.
(2) A county or incorporated city or town may create a
school or playground speed zone on a highway bordering a
marked school or playground, in which zone it is unlawful for
a person to operate a vehicle at a speed in excess of twenty
miles per hour. The school or playground speed zone may
extend three hundred feet from the border of the school or
playground property; however, the speed zone may only
include area consistent with active school or playground use.
(3) A person found to have committed any infraction
relating to speed restrictions within a school or playground
speed zone shall be assessed a monetary penalty equal to
twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended.
(4) The school zone safety account is created in the custody of the state treasurer. Fifty percent of the moneys collected under subsection (3) of this section shall be deposited
into the account. Expenditures from the account may be used
only by the Washington traffic safety commission solely to
fund projects in local communities to improve school zone
safety, pupil transportation safety, and student safety in
school bus loading and unloading areas. Only the director of
the traffic safety commission or the director's designee may
authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but
no appropriation is required for expenditures until July 1,
1999, after which date moneys in the account may be spent
only after appropriation. [2003 c 192 § 1; 1997 c 80 § 2; 1996
c 114 § 1; 1975 c 62 § 34; 1963 c 16 § 5; 1961 c 12 §
46.48.023. Prior: 1951 c 28 § 9; 1949 c 196 § 6, part; 1947
(2004 Ed.)
46.61.450
c 200 § 8, part; 1937 c 189 § 64, part; Rem. Supp. 1949 §
6360-64, part; 1927 c 309 § 3, part; 1923 c 181 § 6, part; 1921
c 96 § 27, part; 1917 c 155 § 16, part; 1915 c 142 § 24, part;
RRS § 6362-3, part; 1909 c 249 § 279, part; Rem. & Bal. §
2531, part. Formerly RCW 46.48.023.]
Effective date—1996 c 114: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 20, 1996]." [1996 c 114 § 2.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.445
46.61.445 Due care required. Compliance with speed
requirements of this chapter under the circumstances hereinabove set forth shall not relieve the operator of any vehicle
from the further exercise of due care and caution as further
circumstances shall require. [1961 c 12 § 46.48.025. Prior:
1951 c 28 § 11; 1949 c 196 § 6, part; 1947 c 200 § 8, part;
1937 c 189 § 64, part; Rem. Supp. 1949 § 6360-64, part; 1927
c 309 § 3, part; 1923 c 181 § 6, part; 1921 c 96 § 27, part;
1917 c 155 § 16, part; 1915 c 142 § 24, part; RRS § 6362-3,
part; 1909 c 249 § 279, part; Rem. & Bal. 2531, part. Formerly RCW 46.48.025.]
Duty to use due care: RCW 46.61.400(1).
46.61.450
46.61.450 Maximum speed, weight, or size in traversing bridges, elevated structures, tunnels, underpasses—
Posting limits. It shall be unlawful for any person to operate
a vehicle or any combination of vehicles over any bridge or
other elevated structure or through any tunnel or underpass
constituting a part of any public highway at a rate of speed or
with a gross weight or of a size which is greater at any time
than the maximum speed or maximum weight or size which
can be maintained or carried with safety over any such bridge
or structure or through any such tunnel or underpass when
such bridge, structure, tunnel, or underpass is sign posted as
hereinafter provided. The secretary of transportation, if it be
a bridge, structure, tunnel, or underpass upon a state highway, or the governing body or authorities of any county, city,
or town, if it be upon roads or streets under their jurisdiction,
may restrict the speed which may be maintained or the gross
weight or size which may be operated upon or over any such
bridge or elevated structure or through any such tunnel or
underpass with safety thereto. The secretary or the governing
body or authorities of any county, city, or town having jurisdiction shall determine and declare the maximum speed or
maximum gross weight or size which such bridge, elevated
structure, tunnel, or underpass can withstand or accommodate and shall cause suitable signs stating such maximum
speed or maximum gross weight, or size, or either, to be
erected and maintained on the right hand side of such highway, road, or street and at a distance of not less than one hundred feet from each end of such bridge, structure, tunnel, or
underpass and on the approach thereto: PROVIDED, That in
the event that any such bridge, elevated structure, tunnel, or
underpass is upon a city street designated by the transportation commission as forming a part of the route of any state
highway through any such incorporated city or town the
determination of any maximum speed or maximum gross
weight or size which such bridge, elevated structure, tunnel,
or underpass can withstand or accommodate shall not be
enforceable at any speed, weight, or size less than the maxi[Title 46 RCW—page 221]
46.61.455
Title 46 RCW: Motor Vehicles
mum allowed by law, unless with the approval in writing of
the secretary. Upon the trial of any person charged with a violation of this section, proof of either violation of maximum
speed or maximum weight, or size, or either, and the distance
and location of such signs as are required, shall constitute
conclusive evidence of the maximum speed or maximum
weight, or size, or either, which can be maintained or carried
with safety over such bridge or elevated structure or through
such tunnel or underpass. [1977 ex.s. c 151 § 39; 1961 c 12
§ 46.48.080. Prior: 1937 c 189 § 70; RRS § 6360-70. Formerly RCW 46.48.080.]
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
46.61.455
46.61.455 Vehicles with solid or hollow cushion tires.
Except for vehicles equipped with temporary-use spare tires
that meet federal standards, it shall be unlawful to operate
any vehicle equipped or partly equipped with solid rubber
tires or hollow center cushion tires, or to operate any combination of vehicles any part of which is equipped or partly
equipped with solid rubber tires or hollow center cushion
tires, so long as solid rubber tires or hollow center cushion
tires may be used under the provisions of this title, upon any
public highway of this state at a greater rate of speed than ten
miles per hour: PROVIDED, That the temporary-use spare
tires are installed and used in accordance with the manufacturer's instructions. [1990 c 105 § 3; 1961 c 12 § 46.48.110.
Prior: 1947 c 200 § 11; 1937 c 189 § 73; Rem. Supp. 1947 §
6360-73. Formerly RCW 46.48.110.]
use of a speed trap except as provided in subsection (2) of this
section. A "speed trap," within the meaning of this section, is
a particular section of or distance on any public highway, the
length of which has been or is measured off or otherwise designated or determined, and the limits of which are within the
vision of any officer or officers who calculate the speed of a
vehicle passing through such speed trap by using the lapsed
time during which such vehicle travels between the entrance
and exit of such speed trap.
(2) Evidence shall be admissible against any person
arrested or issued a notice of a traffic infraction for violation
of any of the laws of this state or of any orders, rules, or regulations of any city or town or other political subdivision
regarding speed if the same is determined by a particular section of or distance on a public highway, the length of which
has been accurately measured off or otherwise designated or
determined and either: (a) The limits of which are controlled
by a mechanical, electrical, or other device capable of measuring or recording the speed of a vehicle passing within such
limits; or (b) a timing device is operated from an aircraft,
which timing device when used to measure the elapsed time
of a vehicle passing over such a particular section of or distance upon a public highway indicates the speed of a vehicle.
(3) The exceptions of subsection (2) of this section are
limited to devices or observations with a maximum error of
not to exceed five percent using the lapsed time during which
such vehicle travels between such limits, and such limits shall
not be closer than one-fourth mile. [1981 c 105 § 1; 1961 c
12 § 46.48.120. Prior: 1937 c 189 § 74; RRS § 6360-74;
1927 c 309 § 7; RRS § 6362-7. Formerly RCW 46.48.120.]
46.61.460
46.61.460 Special speed limitation on motor-driven
cycle. No person shall operate any motor-driven cycle at any
time mentioned in RCW 46.37.020 at a speed greater than
thirty-five miles per hour unless such motor-driven cycle is
equipped with a head lamp or lamps which are adequate to
reveal a person or vehicle at a distance of three hundred feet
ahead. [1965 ex.s. c 155 § 57.]
46.61.465
46.61.465 Exceeding speed limit evidence of reckless
driving. The unlawful operation of a vehicle in excess of the
maximum lawful speeds provided in this chapter at the point
of operation and under the circumstances described shall be
prima facie evidence of the operation of a motor vehicle in a
reckless manner by the operator thereof. [1961 c 12 §
46.48.026. Prior: 1951 c 28 § 12; 1949 c 196 § 6, part; 1947
c 200 § 8, part; 1937 c 189 § 64, part; Rem. Supp. 1949 §
6360-64, part; 1927 c 309 § 3, part; 1923 c 181 § 6, part; 1921
c 96 § 27, part; 1917 c 155 § 16, part; 1915 c 142 § 24, part;
RRS § 6362-3, part; 1909 c 249 § 279, part; Rem. & Bal.
§2531, part. Formerly RCW 46.48.026.]
RECKLESS DRIVING, DRIVING UNDER THE
INFLUENCE, VEHICULAR HOMICIDE
AND ASSAULT
46.61.500
46.61.500 Reckless driving—Penalty. (1) Any person
who drives any vehicle in willful or wanton disregard for the
safety of persons or property is guilty of reckless driving.
Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment of not more than one
year and by a fine of not more than five thousand dollars.
(2) The license or permit to drive or any nonresident
privilege of any person convicted of reckless driving shall be
suspended by the department for not less than thirty days.
[1990 c 291 § 1; 1979 ex.s. c 136 § 85; 1967 c 32 § 67; 1965
ex.s. c 155 § 59.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Arrest of person involved in reckless driving: RCW 10.31.100.
46.61.470
46.61.470 Speed traps defined, certain types permitted—Measured courses, speed measuring devices, timing
from aircraft. (1) No evidence as to the speed of any vehicle
operated upon a public highway by any person arrested for
violation of any of the laws of this state regarding speed or of
any orders, rules, or regulations of any city or town or other
political subdivision relating thereto shall be admitted in evidence in any court at a subsequent trial of such person in case
such evidence relates to or is based upon the maintenance or
[Title 46 RCW—page 222]
Criminal history and driving record: RCW 46.61.513.
Embracing another while driving as reckless driving: RCW 46.61.665.
Excess speed as prima facie evidence of reckless driving: RCW 46.61.465.
Racing of vehicles on public highways, reckless driving: RCW 46.61.530.
Revocation of license, reckless driving: RCW 46.20.285.
46.61.502
46.61.502 Driving under the influence. (1) A person
is guilty of driving while under the influence of intoxicating
(2004 Ed.)
Rules of the Road
liquor or any drug if the person drives a vehicle within this
state:
(a) And the person has, within two hours after driving, an
alcohol concentration of 0.08 or higher as shown by analysis
of the person's breath or blood made under RCW 46.61.506;
or
(b) While the person is under the influence of or affected
by intoxicating liquor or any drug; or
(c) While the person is under the combined influence of
or affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this
section is or has been entitled to use a drug under the laws of
this state shall not constitute a defense against a charge of
violating this section.
(3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by
a preponderance of the evidence that the defendant consumed
a sufficient quantity of alcohol after the time of driving and
before the administration of an analysis of the person's breath
or blood to cause the defendant's alcohol concentration to be
0.08 or more within two hours after driving. The court shall
not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in
the case of the defendant's intent to assert the affirmative
defense.
(4) Analyses of blood or breath samples obtained more
than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person
had an alcohol concentration of 0.08 or more in violation of
subsection (1)(a) of this section, and in any case in which the
analysis shows an alcohol concentration above 0.00 may be
used as evidence that a person was under the influence of or
affected by intoxicating liquor or any drug in violation of
subsection (1)(b) or (c) of this section.
(5) A violation of this section is a gross misdemeanor.
[1998 c 213 § 3; 1994 c 275 § 2; 1993 c 328 § 1; 1987 c 373
§ 2; 1986 c 153 § 2; 1979 ex.s. c 176 § 1.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—1998 c 213: See note following RCW 46.20.308.
46.61.504
Use of vessel in reckless manner or while under influence of alcohol or drugs
prohibited: RCW 79A.60.040.
46.61.503
46.61.503 Driver under twenty-one consuming alcohol—Penalties. (1) Notwithstanding any other provision of
this title, a person is guilty of driving or being in physical
control of a motor vehicle after consuming alcohol if the person operates or is in physical control of a motor vehicle
within this state and the person:
(a) Is under the age of twenty-one;
(b) Has, within two hours after operating or being in
physical control of the motor vehicle, an alcohol concentration of at least 0.02 but less than the concentration specified
in RCW 46.61.502, as shown by analysis of the person's
breath or blood made under RCW 46.61.506.
(2) It is an affirmative defense to a violation of subsection (1) of this section which the defendant must prove by a
preponderance of the evidence that the defendant consumed a
sufficient quantity of alcohol after the time of driving or
being in physical control and before the administration of an
analysis of the person's breath or blood to cause the defendant's alcohol concentration to be in violation of subsection
(1) of this section within two hours after driving or being in
physical control. The court shall not admit evidence of this
defense unless the defendant notifies the prosecution prior to
the earlier of: (a) Seven days prior to trial; or (b) the omnibus
or pretrial hearing in the case of the defendant's intent to
assert the affirmative defense.
(3) Analyses of blood or breath samples obtained more
than two hours after the alleged driving or being in physical
control may be used as evidence that within two hours of the
alleged driving or being in physical control, a person had an
alcohol concentration in violation of subsection (1) of this
section.
(4) A violation of this section is a misdemeanor. [1998 c
213 § 4; 1998 c 207 § 5; 1998 c 41 § 8; 1995 c 332 § 2; 1994
c 275 § 10. Formerly RCW 46.20.309.]
Reviser's note: This section was amended by 1998 c 41 § 8, 1998 c 207
§ 5, and by 1998 c 213 § 4, each without reference to the other. All amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective date—1998 c 213: See note following RCW 46.20.308.
Legislative finding, purpose—1987 c 373: "The legislature finds the
existing statutes that establish the criteria for determining when a person is
guilty of driving a motor vehicle under the influence of intoxicating liquor or
drugs are constitutional and do not require any additional criteria to ensure
their legality. The purpose of this act is to provide an additional method of
defining the crime of driving while intoxicated. This act is not an acknowledgement that the existing breath alcohol standard is legally improper or
invalid." [1987 c 373 § 1.]
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—1987 c 373: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 373 § 8.]
Severability—1979 ex.s. c 176: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 176 § 8.]
Business operation of vessel or vehicle while intoxicated: RCW 9.91.020.
Criminal history and driving record: RCW 46.61.513.
Operating aircraft recklessly or under influence of intoxicants or drugs:
RCW 47.68.220.
(2004 Ed.)
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.61.504
46.61.504 Physical control of vehicle under the influence. (1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:
(a) And the person has, within two hours after being in
actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person's
breath or blood made under RCW 46.61.506; or
(b) While the person is under the influence of or affected
by intoxicating liquor or any drug; or
[Title 46 RCW—page 223]
46.61.5054
Title 46 RCW: Motor Vehicles
(c) While the person is under the combined influence of
or affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this
section is or has been entitled to use a drug under the laws of
this state does not constitute a defense against any charge of
violating this section. No person may be convicted under this
section if, prior to being pursued by a law enforcement
officer, the person has moved the vehicle safely off the roadway.
(3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by
a preponderance of the evidence that the defendant consumed
a sufficient quantity of alcohol after the time of being in
actual physical control of the vehicle and before the administration of an analysis of the person's breath or blood to cause
the defendant's alcohol concentration to be 0.08 or more
within two hours after being in such control. The court shall
not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in
the case of the defendant's intent to assert the affirmative
defense.
(4) Analyses of blood or breath samples obtained more
than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two
hours of the alleged being in such control, a person had an
alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used
as evidence that a person was under the influence of or
affected by intoxicating liquor or any drug in violation of
subsection (1)(b) or (c) of this section.
(5) A violation of this section is a gross misdemeanor.
[1998 c 213 § 5; 1994 c 275 § 3; 1993 c 328 § 2; 1987 c 373
§ 3; 1986 c 153 § 3; 1979 ex.s. c 176 § 2.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—1998 c 213: See note following RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding, purpose—Severability—1987 c 373: See notes
following RCW 46.61.502.
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Criminal history and driving record: RCW 46.61.513.
46.61.5054
46.61.5054 Alcohol violators—Additional fee—Distribution. (1)(a) In addition to penalties set forth in *RCW
46.61.5051 through 46.61.5053 until September 1, 1995, and
RCW 46.61.5055 thereafter, a one hundred twenty-five dollar fee shall be assessed to a person who is either convicted,
sentenced to a lesser charge, or given deferred prosecution, as
a result of an arrest for violating RCW 46.61.502, 46.61.504,
46.61.520, or 46.61.522. This fee is for the purpose of funding the Washington state toxicology laboratory and the
Washington state patrol for grants and activities to increase
the conviction rate and decrease the incidence of persons
driving under the influence of alcohol or drugs.
(b) Upon a verified petition by the person assessed the
fee, the court may suspend payment of all or part of the fee if
it finds that the person does not have the ability to pay.
(c) When a minor has been adjudicated a juvenile
offender for an offense which, if committed by an adult,
[Title 46 RCW—page 224]
would constitute a violation of RCW 46.61.502, 46.61.504,
46.61.520, or 46.61.522, the court shall assess the one hundred twenty-five dollar fee under (a) of this subsection. Upon
a verified petition by a minor assessed the fee, the court may
suspend payment of all or part of the fee if it finds that the
minor does not have the ability to pay the fee.
(2) The fee assessed under subsection (1) of this section
shall be collected by the clerk of the court and distributed as
follows:
(a) Forty percent shall be subject to distribution under
RCW 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, or
10.82.070.
(b) The remainder of the fee shall be forwarded to the
state treasurer who shall, through June 30, 1997, deposit:
Fifty percent in the death investigations' account to be used
solely for funding the state toxicology laboratory blood or
breath testing programs; and fifty percent in the state patrol
highway account to be used solely for funding activities to
increase the conviction rate and decrease the incidence of
persons driving under the influence of alcohol or drugs.
Effective July 1, 1997, the remainder of the fee shall be forwarded to the state treasurer who shall deposit: Fifteen percent in the death investigations' account to be used solely for
funding the state toxicology laboratory blood or breath testing programs; and eighty-five percent in the state patrol highway account to be used solely for funding activities to
increase the conviction rate and decrease the incidence of
persons driving under the influence of alcohol or drugs.
(3) This section applies to any offense committed on or
after July 1, 1993. [1995 c 398 § 15; 1995 c 332 § 13; 1994
c 275 § 7.]
Reviser's note: *(1) RCW 46.61.5051, 46.61.5052, and 46.61.5053
were repealed by 1995 c 332 § 21, effective September 1, 1995.
(2) This section was amended by 1995 c 332 § 13 and by 1995 c 398 §
15, each without reference to the other. Both amendments are incorporated
in the publication of this section pursuant to RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.61.5055
46.61.5055 Alcohol violators—Penalty schedule. (1)
A person who is convicted of a violation of RCW 46.61.502
or 46.61.504 and who has no prior offense within seven years
shall be punished as follows:
(a) In the case of a person whose alcohol concentration
was less than 0.15, or for whom for reasons other than the
person's refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than one day nor more
than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court
finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum
sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and
the facts upon which the suspension or deferral is based. In
lieu of the mandatory minimum term of imprisonment
required under this subsection (1)(a)(i), the court may order
(2004 Ed.)
Rules of the Road
not less than fifteen days of electronic home monitoring. The
offender shall pay the cost of electronic home monitoring.
The county or municipality in which the penalty is being
imposed shall determine the cost. The court may also require
the offender's electronic home monitoring device to include
an alcohol detection breathalyzer, and the court may restrict
the amount of alcohol the offender may consume during the
time the offender is on electronic home monitoring; and
(ii) By a fine of not less than three hundred fifty dollars
nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the
court finds the offender to be indigent; or
(b) In the case of a person whose alcohol concentration
was at least 0.15, or for whom by reason of the person's
refusal to take a test offered pursuant to RCW 46.20.308
there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than two days nor more
than one year. Two consecutive days of the imprisonment
may not be suspended or deferred unless the court finds that
the imposition of this mandatory minimum sentence would
impose a substantial risk to the offender's physical or mental
well-being. Whenever the mandatory minimum sentence is
suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon
which the suspension or deferral is based. In lieu of the mandatory minimum term of imprisonment required under this
subsection (1)(b)(i), the court may order not less than thirty
days of electronic home monitoring. The offender shall pay
the cost of electronic home monitoring. The county or
municipality in which the penalty is being imposed shall
determine the cost. The court may also require the offender's
electronic home monitoring device to include an alcohol
detection breathalyzer, and the court may restrict the amount
of alcohol the offender may consume during the time the
offender is on electronic home monitoring; and
(ii) By a fine of not less than five hundred dollars nor
more than five thousand dollars. Five hundred dollars of the
fine may not be suspended or deferred unless the court finds
the offender to be indigent.
(2) A person who is convicted of a violation of RCW
46.61.502 or 46.61.504 and who has one prior offense within
seven years shall be punished as follows:
(a) In the case of a person whose alcohol concentration
was less than 0.15, or for whom for reasons other than the
person's refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than thirty days nor
more than one year and sixty days of electronic home monitoring. The offender shall pay for the cost of the electronic
monitoring. The county or municipality where the penalty is
being imposed shall determine the cost. The court may also
require the offender's electronic home monitoring device
include an alcohol detection breathalyzer, and may restrict
the amount of alcohol the offender may consume during the
time the offender is on electronic home monitoring. Thirty
days of imprisonment and sixty days of electronic home
monitoring may not be suspended or deferred unless the court
finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physi(2004 Ed.)
46.61.5055
cal or mental well-being. Whenever the mandatory minimum
sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and
the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than five hundred dollars nor
more than five thousand dollars. Five hundred dollars of the
fine may not be suspended or deferred unless the court finds
the offender to be indigent; or
(b) In the case of a person whose alcohol concentration
was at least 0.15, or for whom by reason of the person's
refusal to take a test offered pursuant to RCW 46.20.308
there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than forty-five days nor
more than one year and ninety days of electronic home monitoring. The offender shall pay for the cost of the electronic
monitoring. The county or municipality where the penalty is
being imposed shall determine the cost. The court may also
require the offender's electronic home monitoring device
include an alcohol detection breathalyzer, and may restrict
the amount of alcohol the offender may consume during the
time the offender is on electronic home monitoring. Fortyfive days of imprisonment and ninety days of electronic
home monitoring may not be suspended or deferred unless
the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the
offender's physical or mental well-being. Whenever the
mandatory minimum sentence is suspended or deferred, the
court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or
deferral is based; and
(ii) By a fine of not less than seven hundred fifty dollars
nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the
court finds the offender to be indigent.
(3) A person who is convicted of a violation of RCW
46.61.502 or 46.61.504 and who has two or more prior
offenses within seven years shall be punished as follows:
(a) In the case of a person whose alcohol concentration
was less than 0.15, or for whom for reasons other than the
person's refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than ninety days nor
more than one year and one hundred twenty days of electronic home monitoring. The offender shall pay for the cost
of the electronic monitoring. The county or municipality
where the penalty is being imposed shall determine the cost.
The court may also require the offender's electronic home
monitoring device include an alcohol detection breathalyzer,
and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Ninety days of imprisonment and one hundred
twenty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition
of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being.
Whenever the mandatory minimum sentence is suspended or
deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the
suspension or deferral is based; and
[Title 46 RCW—page 225]
46.61.5055
Title 46 RCW: Motor Vehicles
(ii) By a fine of not less than one thousand dollars nor
more than five thousand dollars. One thousand dollars of the
fine may not be suspended or deferred unless the court finds
the offender to be indigent; or
(b) In the case of a person whose alcohol concentration
was at least 0.15, or for whom by reason of the person's
refusal to take a test offered pursuant to RCW 46.20.308
there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than one hundred
twenty days nor more than one year and one hundred fifty
days of electronic home monitoring. The offender shall pay
for the cost of the electronic monitoring. The county or
municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection
breathalyzer, and may restrict the amount of alcohol the
offender may consume during the time the offender is on
electronic home monitoring. One hundred twenty days of
imprisonment and one hundred fifty days of electronic home
monitoring may not be suspended or deferred unless the court
finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum
sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and
the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than one thousand five hundred
dollars nor more than five thousand dollars. One thousand
five hundred dollars of the fine may not be suspended or
deferred unless the court finds the offender to be indigent.
(4) If a person who is convicted of a violation of RCW
46.61.502 or 46.61.504 committed the offense while a passenger under the age of sixteen was in the vehicle, the court
shall:
(a) In any case in which the installation and use of an
interlock or other device is not mandatory under RCW
46.20.720 or other law, order the use of such a device for not
less than sixty days following the restoration of the person's
license, permit, or nonresident driving privileges; and
(b) In any case in which the installation and use of such
a device is otherwise mandatory, order the use of such a
device for an additional sixty days.
(5) In exercising its discretion in setting penalties within
the limits allowed by this section, the court shall particularly
consider the following:
(a) Whether the person's driving at the time of the
offense was responsible for injury or damage to another or
another's property; and
(b) Whether at the time of the offense the person was
driving or in physical control of a vehicle with one or more
passengers.
(6) An offender punishable under this section is subject
to the alcohol assessment and treatment provisions of RCW
46.61.5056.
(7) The license, permit, or nonresident privilege of a person convicted of driving or being in physical control of a
motor vehicle while under the influence of intoxicating liquor
or drugs must:
(a) If the person's alcohol concentration was less than
0.15, or if for reasons other than the person's refusal to take a
[Title 46 RCW—page 226]
test offered under RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) Where there has been no prior offense within seven
years, be suspended or denied by the department for ninety
days;
(ii) Where there has been one prior offense within seven
years, be revoked or denied by the department for two years;
or
(iii) Where there have been two or more prior offenses
within seven years, be revoked or denied by the department
for three years;
(b) If the person's alcohol concentration was at least
0.15:
(i) Where there has been no prior offense within seven
years, be revoked or denied by the department for one year;
(ii) Where there has been one prior offense within seven
years, be revoked or denied by the department for nine hundred days; or
(iii) Where there have been two or more prior offenses
within seven years, be revoked or denied by the department
for four years; or
(c) If by reason of the person's refusal to take a test
offered under RCW 46.20.308, there is no test result indicating the person's alcohol concentration:
(i) Where there have been no prior offenses within seven
years, be revoked or denied by the department for two years;
(ii) Where there has been one prior offense within seven
years, be revoked or denied by the department for three years;
or
(iii) Where there have been two or more previous
offenses within seven years, be revoked or denied by the
department for four years.
The department shall grant credit on a day-for-day basis
for any portion of a suspension, revocation, or denial already
served under this subsection for a suspension, revocation, or
denial imposed under RCW 46.20.3101 arising out of the
same incident.
For purposes of this subsection (7), the department shall
refer to the driver's record maintained under RCW 46.52.120
when determining the existence of prior offenses.
(8) After expiration of any period of suspension, revocation, or denial of the offender's license, permit, or privilege to
drive required by this section, the department shall place the
offender's driving privilege in probationary status pursuant to
RCW 46.20.355.
(9)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court
imposes less than one year in jail, the court shall also suspend
but shall not defer a period of confinement for a period not
exceeding five years. The court shall impose conditions of
probation that include: (i) Not driving a motor vehicle within
this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of
0.08 or more within two hours after driving; and (iii) not
refusing to submit to a test of his or her breath or blood to
determine alcohol concentration upon request of a law
enforcement officer who has reasonable grounds to believe
the person was driving or was in actual physical control of a
motor vehicle within this state while under the influence of
intoxicating liquor. The court may impose conditions of pro(2004 Ed.)
Rules of the Road
bation that include nonrepetition, installation of an ignition
interlock device on the probationer's motor vehicle, alcohol
or drug treatment, supervised probation, or other conditions
that may be appropriate. The sentence may be imposed in
whole or in part upon violation of a condition of probation
during the suspension period.
(b) For each violation of mandatory conditions of probation under (a)(i), (ii), or (iii) of this subsection, the court shall
order the convicted person to be confined for thirty days,
which shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection,
the license, permit, or privilege to drive of the person shall be
suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or
denied at the time the finding of probation violation is made,
the suspension, revocation, or denial then in effect shall be
extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this
subsection.
(10) A court may waive the electronic home monitoring
requirements of this chapter when:
(a) The offender does not have a dwelling, telephone service, or any other necessity to operate an electronic home
monitoring system;
(b) The offender does not reside in the state of Washington; or
(c) The court determines that there is reason to believe
that the offender would violate the conditions of the electronic home monitoring penalty.
Whenever the mandatory minimum term of electronic
home monitoring is waived, the court shall state in writing
the reason for granting the waiver and the facts upon which
the waiver is based, and shall impose an alternative sentence
with similar punitive consequences. The alternative sentence
may include, but is not limited to, additional jail time, work
crew, or work camp.
Whenever the combination of jail time and electronic
home monitoring or alternative sentence would exceed three
hundred sixty-five days, the offender shall serve the jail portion of the sentence first, and the electronic home monitoring
or alternative portion of the sentence shall be reduced so that
the combination does not exceed three hundred sixty-five
days.
(11) An offender serving a sentence under this section,
whether or not a mandatory minimum term has expired, may
be granted an extraordinary medical placement by the jail
administrator subject to the standards and limitations set forth
in RCW 9.94A.728(4).
(12) For purposes of this section:
(a) A "prior offense" means any of the following:
(i) A conviction for a violation of RCW 46.61.502 or an
equivalent local ordinance;
(ii) A conviction for a violation of RCW 46.61.504 or an
equivalent local ordinance;
(iii) A conviction for a violation of RCW 46.61.520
committed while under the influence of intoxicating liquor or
any drug;
(2004 Ed.)
46.61.5056
(iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any
drug;
(v) A conviction for a violation of RCW 46.61.5249,
46.61.500, or 9A.36.050 or an equivalent local ordinance, if
the conviction is the result of a charge that was originally
filed as a violation of RCW 46.61.502 or 46.61.504, or an
equivalent local ordinance, or of RCW 46.61.520 or
46.61.522;
(vi) An out-of-state conviction for a violation that would
have been a violation of (a)(i), (ii), (iii), (iv), or (v) of this
subsection if committed in this state;
(vii) A deferred prosecution under chapter 10.05 RCW
granted in a prosecution for a violation of RCW 46.61.502,
46.61.504, or an equivalent local ordinance; or
(viii) A deferred prosecution under chapter 10.05 RCW
granted in a prosecution for a violation of RCW 46.61.5249,
or an equivalent local ordinance, if the charge under which
the deferred prosecution was granted was originally filed as a
violation of RCW 46.61.502 or 46.61.504, or an equivalent
local ordinance, or of RCW 46.61.520 or 46.61.522; and
(b) "Within seven years" means that the arrest for a prior
offense occurred within seven years of the arrest for the current offense. [2004 c 95 § 13; 2003 c 103 § 1. Prior: 1999 c
324 § 5; 1999 c 274 § 6; 1999 c 5 § 1; prior: 1998 c 215 § 1;
1998 c 214 §1; 1998 c 211 § 1; 1998 c 210 § 4; 1998 c 207 §
1; 1998 c 206 § 1; prior: 1997 c 229 § 11; 1997 c 66 § 14;
1996 c 307 § 3; 1995 1st sp.s. c 17 § 2; 1995 c 332 § 5.]
Severability—1999 c 5: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1999 c 5 § 2.]
Effective date—1999 c 5: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 16, 1999]." [1999 c 5 § 3.]
Effective date—1998 c 214: "This act takes effect January 1, 1999."
[1998 c 214 § 6.]
Effective date—1998 c 211: "This act takes effect January 1, 1999."
[1998 c 211 § 7.]
Short title—Finding—Intent—Effective date—1998 c 210: See
notes following RCW 46.20.720.
Effective date—1998 c 207: "This act takes effect January 1, 1999."
[1998 c 207 § 12.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Effective date—1995 1st sp.s. c 17: See note following RCW
46.20.355.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
46.61.5056
46.61.5056 Alcohol violators—Information school—
Evaluation and treatment. (1) A person subject to alcohol
assessment and treatment under RCW 46.61.5055 shall be
required by the court to complete a course in an alcohol information school approved by the department of social and
health services or to complete more intensive treatment in a
program approved by the department of social and health services, as determined by the court. The court shall notify the
department of licensing whenever it orders a person to complete a course or treatment program under this section.
(2) A diagnostic evaluation and treatment recommendation shall be prepared under the direction of the court by an
[Title 46 RCW—page 227]
46.61.50571
Title 46 RCW: Motor Vehicles
alcoholism agency approved by the department of social and
health services or a qualified probation department approved
by the department of social and health services. A copy of the
report shall be forwarded to the department of licensing.
Based on the diagnostic evaluation, the court shall determine
whether the person shall be required to complete a course in
an alcohol information school approved by the department of
social and health services or more intensive treatment in a
program approved by the department of social and health services.
(3) Standards for approval for alcohol treatment programs shall be prescribed by the department of social and
health services. The department of social and health services
shall periodically review the costs of alcohol information
schools and treatment programs.
(4) Any agency that provides treatment ordered under
RCW 46.61.5055, shall immediately report to the appropriate
probation department where applicable, otherwise to the
court, and to the department of licensing any noncompliance
by a person with the conditions of his or her ordered treatment. The court shall notify the department of licensing and
the department of social and health services of any failure by
an agency to so report noncompliance. Any agency with
knowledge of noncompliance that fails to so report shall be
fined two hundred fifty dollars by the department of social
and health services. Upon three such failures by an agency
within one year, the department of social and health services
shall revoke the agency's approval under this section.
(5) The department of licensing and the department of
social and health services may adopt such rules as are necessary to carry out this section. [1995 c 332 § 14; 1994 c 275 §
9.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
46.61.50571
46.61.50571 Alcohol violators—Mandatory appearances. (1) A defendant who is charged with an offense
involving driving while under the influence as defined in
RCW 46.61.502, driving under age twenty-one after consuming alcohol as defined in RCW 46.61.503, or being in physical control of a vehicle while under the influence as defined
in RCW 46.61.504, shall be required to appear in person
before a judicial officer within one judicial day after the
arrest if the defendant is served with a citation or complaint at
the time of the arrest. A court may by local court rule waive
the requirement for appearance within one judicial day if it
provides for the appearance at the earliest practicable day following arrest and establishes the method for identifying that
day in the rule.
(2) A defendant who is charged with an offense involving driving while under the influence as defined in RCW
46.61.502, driving under age twenty-one after consuming
alcohol as defined in RCW 46.61.503, or being in physical
control of a vehicle while under the influence as defined in
RCW 46.61.504, and who is not served with a citation or
complaint at the time of the incident, shall appear in court for
arraignment in person as soon as practicable, but in no event
later than fourteen days after the next day on which court is in
[Title 46 RCW—page 228]
session following the issuance of the citation or the filing of
the complaint or information.
(3) At the time of an appearance required by this section,
the court shall determine the necessity of imposing conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an
arraignment.
(4) Appearances required by this section are mandatory
and may not be waived. [2000 c 52 § 1; 1999 c 114 § 1; 1998
c 214 § 5.]
Effective date—1998 c 214: See note following RCW 46.61.5055.
46.61.5058
46.61.5058 Alcohol violators—Vehicle seizure and
forfeiture. (1) Upon the arrest of a person or upon the filing
of a complaint, citation, or information in a court of competent jurisdiction, based upon probable cause to believe that a
person has violated RCW 46.61.502 or 46.61.504 or any similar municipal ordinance, if such person has a prior offense
within seven years as defined in RCW 46.61.5055, and where
the person has been provided written notice that any transfer,
sale, or encumbrance of such person's interest in the vehicle
over which that person was actually driving or had physical
control when the violation occurred, is unlawful pending
either acquittal, dismissal, sixty days after conviction, or
other termination of the charge, such person shall be prohibited from encumbering, selling, or transferring his or her
interest in such vehicle, except as otherwise provided in (a),
(b), and (c) of this subsection, until either acquittal, dismissal,
sixty days after conviction, or other termination of the
charge. The prohibition against transfer of title shall not be
stayed pending the determination of an appeal from the conviction.
(a) A vehicle encumbered by a bona fide security interest
may be transferred to the secured party or to a person designated by the secured party;
(b) A leased or rented vehicle may be transferred to the
lessor, rental agency, or to a person designated by the lessor
or rental agency; and
(c) A vehicle may be transferred to a third party or a
vehicle dealer who is a bona fide purchaser or may be subject
to a bona fide security interest in the vehicle unless it is established that (i) in the case of a purchase by a third party or
vehicle dealer, such party or dealer had actual notice that the
vehicle was subject to the prohibition prior to the purchase, or
(ii) in the case of a security interest, the holder of the security
interest had actual notice that the vehicle was subject to the
prohibition prior to the encumbrance of title.
(2) On conviction for a violation of either RCW
46.61.502 or 46.61.504 or any similar municipal ordinance
where the person convicted has a prior offense within seven
years as defined in RCW 46.61.5055, the motor vehicle the
person was driving or over which the person had actual physical control at the time of the offense, if the person has a
financial interest in the vehicle, is subject to seizure and forfeiture pursuant to this section.
(3) A vehicle subject to forfeiture under this chapter may
be seized by a law enforcement officer of this state upon process issued by a court of competent jurisdiction. Seizure of a
vehicle may be made without process if the vehicle subject to
(2004 Ed.)
Rules of the Road
seizure has been the subject of a prior judgment in favor of
the state in a forfeiture proceeding based upon this section.
(4) Seizure under subsection (3) of this section automatically commences proceedings for forfeiture. The law
enforcement agency under whose authority the seizure was
made shall cause notice of the seizure and intended forfeiture
of the seized vehicle to be served within fifteen days after the
seizure on the owner of the vehicle seized, on the person in
charge of the vehicle, and on any person having a known
right or interest in the vehicle, including a community property interest. The notice of seizure may be served by any
method authorized by law or court rule, including but not
limited to service by certified mail with return receipt
requested. Service by mail is complete upon mailing within
the fifteen-day period after the seizure. Notice of seizure in
the case of property subject to a security interest that has been
perfected on a certificate of title shall be made by service
upon the secured party or the secured party's assignee at the
address shown on the financing statement or the certificate of
title.
(5) If no person notifies the seizing law enforcement
agency in writing of the person's claim of ownership or right
to possession of the seized vehicle within forty-five days of
the seizure, the vehicle is deemed forfeited.
(6) If a person notifies the seizing law enforcement
agency in writing of the person's claim of ownership or right
to possession of the seized vehicle within forty-five days of
the seizure, the law enforcement agency shall give the person
or persons a reasonable opportunity to be heard as to the
claim or right. The hearing shall be before the chief law
enforcement officer of the seizing agency or the chief law
enforcement officer's designee, except where the seizing
agency is a state agency as defined in RCW 34.12.020, the
hearing shall be before the chief law enforcement officer of
the seizing agency or an administrative law judge appointed
under chapter 34.12 RCW, except that any person asserting a
claim or right may remove the matter to a court of competent
jurisdiction. Removal may only be accomplished according
to the rules of civil procedure. The person seeking removal of
the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing
agency, and any other party of interest, in accordance with
RCW 4.28.080 or 4.92.020, within forty-five days after the
person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to
possession. The court to which the matter is to be removed
shall be the district court when the aggregate value of the
vehicle is within the jurisdictional limit set forth in RCW
3.66.020. A hearing before the seizing agency and any appeal
therefrom shall be under Title 34 RCW. In a court hearing
between two or more claimants to the vehicle involved, the
prevailing party shall be entitled to a judgment for costs and
reasonable attorneys' fees. The burden of producing evidence
shall be upon the person claiming to be the legal owner or the
person claiming to have the lawful right to possession of the
vehicle. The seizing law enforcement agency shall promptly
return the vehicle to the claimant upon a determination by the
administrative law judge or court that the claimant is the
present legal owner under Title 46 RCW or is lawfully entitled to possession of the vehicle.
(2004 Ed.)
46.61.506
(7) When a vehicle is forfeited under this chapter the
seizing law enforcement agency may sell the vehicle, retain it
for official use, or upon application by a law enforcement
agency of this state release the vehicle to that agency for the
exclusive use of enforcing this title; provided, however, that
the agency shall first satisfy any bona fide security interest to
which the vehicle is subject under subsection (1)(a) or (c) of
this section.
(8) When a vehicle is forfeited, the seizing agency shall
keep a record indicating the identity of the prior owner, if
known, a description of the vehicle, the disposition of the
vehicle, the value of the vehicle at the time of seizure, and the
amount of proceeds realized from disposition of the vehicle.
(9) Each seizing agency shall retain records of forfeited
vehicles for at least seven years.
(10) Each seizing agency shall file a report including a
copy of the records of forfeited vehicles with the state treasurer each calendar quarter.
(11) The quarterly report need not include a record of a
forfeited vehicle that is still being held for use as evidence
during the investigation or prosecution of a case or during the
appeal from a conviction.
(12) By January 31st of each year, each seizing agency
shall remit to the state treasurer an amount equal to ten percent of the net proceeds of vehicles forfeited during the preceding calendar year. Money remitted shall be deposited in
the public safety and education account.
(13) The net proceeds of a forfeited vehicle is the value
of the forfeitable interest in the vehicle after deducting the
cost of satisfying a bona fide security interest to which the
vehicle is subject at the time of seizure; and in the case of a
sold vehicle, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling
agents.
(14) The value of a sold forfeited vehicle is the sale
price. The value of a retained forfeited vehicle is the fair market value of the vehicle at the time of seizure, determined
when possible by reference to an applicable commonly used
index, such as the index used by the department of licensing.
A seizing agency may, but need not, use an independent qualified appraiser to determine the value of retained vehicles. If
an appraiser is used, the value of the vehicle appraised is net
of the cost of the appraisal. [1998 c 207 § 2; 1995 c 332 § 6;
1994 c 139 § 1.]
Effective date—1998 c 207: See note following RCW 46.61.5055.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
46.61.506
46.61.506 Persons under influence of intoxicating
liquor or drug—Evidence—Tests—Information concerning tests. (1) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control
of a vehicle while under the influence of intoxicating liquor
or any drug, if the person's alcohol concentration is less than
0.08, it is evidence that may be considered with other competent evidence in determining whether the person was under
the influence of intoxicating liquor or any drug.
(2) The breath analysis shall be based upon grams of
alcohol per two hundred ten liters of breath. The foregoing
provisions of this section shall not be construed as limiting
[Title 46 RCW—page 229]
46.61.508
Title 46 RCW: Motor Vehicles
the introduction of any other competent evidence bearing
upon the question whether the person was under the influence
of intoxicating liquor or any drug.
(3) Analysis of the person's blood or breath to be considered valid under the provisions of this section or RCW
46.61.502 or 46.61.504 shall have been performed according
to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist is directed to
approve satisfactory techniques or methods, to supervise the
examination of individuals to ascertain their qualifications
and competence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the
discretion of the state toxicologist.
(4)(a) A breath test performed by any instrument
approved by the state toxicologist shall be admissible at trial
or in an administrative proceeding if the prosecution or
department produces prima facie evidence of the following:
(i) The person who performed the test was authorized to
perform such test by the state toxicologist;
(ii) The person being tested did not vomit or have anything to eat, drink, or smoke for at least fifteen minutes prior
to administration of the test;
(iii) The person being tested did not have any foreign
substances, not to include dental work, fixed or removable, in
his or her mouth at the beginning of the fifteen-minute observation period;
(iv) Prior to the start of the test, the temperature of the
simulator solution as measured by a thermometer approved
of by the state toxicologist was thirty-four degrees centigrade
plus or minus 0.3 degrees centigrade;
(v) The internal standard test resulted in the message
"verified";
(vi) The two breath samples agree to within plus or
minus ten percent of their mean to be determined by the
method approved by the state toxicologist;
(vii) The simulator external standard result did lie
between .072 to .088 inclusive; and
(viii) All blank tests gave results of .000.
(b) For purposes of this section, "prima facie evidence"
is evidence of sufficient circumstances that would support a
logical and reasonable inference of the facts sought to be
proved. In assessing whether there is sufficient evidence of
the foundational facts, the court or administrative tribunal is
to assume the truth of the prosecution's or department's evidence and all reasonable inferences from it in a light most
favorable to the prosecution or department.
(c) Nothing in this section shall be deemed to prevent the
subject of the test from challenging the reliability or accuracy
of the test, the reliability or functioning of the instrument, or
any maintenance procedures. Such challenges, however,
shall not preclude the admissibility of the test once the prosecution or department has made a prima facie showing of the
requirements contained in (a) of this subsection. Instead,
such challenges may be considered by the trier of fact in
determining what weight to give to the test result.
(5) When a blood test is administered under the provisions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcoholic or drug content may be performed only by a physician, a registered nurse, a licensed
practical nurse, a nursing assistant as defined in chapter
[Title 46 RCW—page 230]
18.88A RCW, a physician assistant as defined in chapter
18.71A RCW, a first responder as defined in chapter 18.73
RCW, an emergency medical technician as defined in chapter
18.73 RCW, a health care assistant as defined in chapter
18.135 RCW, or any technician trained in withdrawing
blood. This limitation shall not apply to the taking of breath
specimens.
(6) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified
person of his or her own choosing administer one or more
tests in addition to any administered at the direction of a law
enforcement officer. The test will be admissible if the person
establishes the general acceptability of the testing technique
or method. The failure or inability to obtain an additional test
by a person shall not preclude the admission of evidence
relating to the test or tests taken at the direction of a law
enforcement officer.
(7) Upon the request of the person who shall submit to a
test or tests at the request of a law enforcement officer, full
information concerning the test or tests shall be made available to him or her or his or her attorney. [2004 c 68 § 4; 1998
c 213 § 6; 1995 c 332 § 18; 1994 c 275 § 26; 1987 c 373 § 4;
1986 c 153 § 4; 1979 ex.s. c 176 § 5; 1975 1st ex.s. c 287 § 1;
1969 c 1 § 3 (Initiative Measure No. 242, approved November 5, 1968).]
Rules of court: Evidence of Breathalyzer, BAC Verifier, simulator solution
tests—CrRLJ 6.13.
Finding—Intent—2004 c 68: See note following RCW 46.20.308.
Effective date—1998 c 213: See note following RCW 46.20.308.
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding, purpose—Severability—1987 c 373: See notes
following RCW 46.61.502.
Severability—1979 ex.s. c 176: See note following RCW 46.61.502.
Severability, implied consent law—1969 c 1: See RCW 46.20.911.
Arrest of driver under influence of intoxicating liquor or drugs: RCW
10.31.100.
46.61.508
46.61.508 Liability of medical personnel withdrawing blood. No physician, registered nurse, qualified technician, or hospital, or duly licensed clinical laboratory employing or utilizing services of such physician, registered nurse,
or qualified technician, shall incur any civil or criminal liability as a result of the act of withdrawing blood from any person when directed by a law enforcement officer to do so for
the purpose of a blood test under the provisions of RCW
46.20.308, as now or hereafter amended: PROVIDED, That
nothing in this section shall relieve any physician, registered
nurse, qualified technician, or hospital or duly licensed clinical laboratory from civil liability arising from the use of
improper procedures or failing to exercise the required standard of care. [1977 ex.s. c 143 § 1.]
46.61.513
46.61.513 Criminal history and driving record. (1)
Immediately before the court defers prosecution under RCW
10.05.020, dismisses a charge, or orders a sentence for any
offense listed in subsection (2) of this section, the court and
prosecutor shall verify the defendant's criminal history and
driving record. The order shall include specific findings as to
(2004 Ed.)
Rules of the Road
the criminal history and driving record. For purposes of this
section, the criminal history shall include all previous convictions and orders of deferred prosecution, as reported through
the judicial information system or otherwise available to the
court or prosecutor, current to within the period specified in
subsection (3) of this section before the date of the order. For
purposes of this section, the driving record shall include all
information reported to the court by the department of licensing.
(2) The offenses to which this section applies are violations of: (a) RCW 46.61.502 or an equivalent local ordinance; (b) RCW 46.61.504 or an equivalent local ordinance;
(c) RCW 46.61.520 committed while under the influence of
intoxicating liquor or any drug; (d) RCW 46.61.522 committed while under the influence of intoxicating liquor or any
drug; and (e) RCW 46.61.5249, 46.61.500, or 9A.36.050, or
an equivalent local ordinance, if the conviction is the result of
a charge that was originally filed as a violation of RCW
46.61.502 or 46.61.504 or an equivalent local ordinance, or
of RCW 46.61.520 or 46.61.522.
(3) The periods applicable to previous convictions and
orders of deferred prosecution are: (a) One working day, in
the case of previous actions of courts that fully participate in
the state judicial information system; and (b) seven calendar
days, in the case of previous actions of courts that do not fully
participate in the judicial information system. For purposes of
this subsection, "fully participate" means regularly providing
records to and receiving records from the system by electronic means on a daily basis. [1998 c 211 § 5.]
46.61.519
46.61.516
46.61.516 Qualified probation department defined.
A qualified probation department means a probation department for a district or municipal court that has a sufficient
number of qualified alcohol assessment officers who meet
the requirements of a qualified alcoholism counselor as provided by rule of the department of social and health services,
except that the required hours of supervised work experience
in an alcoholism agency may be satisfied by completing an
equivalent number of hours of supervised work doing alcohol
assessments within a probation department. [1983 c 150 § 2.]
46.61.517
46.61.517 Refusal of test—Admissibility as evidence.
The refusal of a person to submit to a test of the alcohol or
drug concentration in the person's blood or breath under
RCW 46.20.308 is admissible into evidence at a subsequent
criminal trial. [2001 c 142 § 1; 1987 c 373 § 5; 1986 c 64 §
2; 1985 c 352 § 21; 1983 c 165 § 27.]
Legislative finding, purpose—Severability—1987 c 373: See notes
following RCW 46.61.502.
Severability—1985 c 352: See note following RCW 10.05.010.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
46.61.519
46.61.5152 Attendance at program focusing on victims. In addition to penalties that may be imposed under
RCW 46.61.5055, the court may require a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 or who
enters a deferred prosecution program under RCW 10.05.020
based on a violation of RCW 46.61.502 or 46.61.504, to
attend an educational program focusing on the emotional,
physical, and financial suffering of victims who were injured
by persons convicted of driving while under the influence of
intoxicants. [1998 c 41 § 9; 1994 c 275 § 40; 1992 c 64 § 1.]
46.61.519 Alcoholic beverages—Drinking or open
container in vehicle on highway—Exceptions. (1) It is a
traffic infraction to drink any alcoholic beverage in a motor
vehicle when the vehicle is upon a highway.
(2) It is a traffic infraction for a person to have in his possession while in a motor vehicle upon a highway, a bottle,
can, or other receptacle containing an alcoholic beverage if
the container has been opened or a seal broken or the contents
partially removed.
(3) It is a traffic infraction for the registered owner of a
motor vehicle, or the driver if the registered owner is not then
present in the vehicle, to keep in a motor vehicle when the
vehicle is upon a highway, a bottle, can, or other receptacle
containing an alcoholic beverage which has been opened or a
seal broken or the contents partially removed, unless the container is kept in the trunk of the vehicle or in some other area
of the vehicle not normally occupied by the driver or passengers if the vehicle does not have a trunk. A utility compartment or glove compartment is deemed to be within the area
occupied by the driver and passengers.
(4) This section does not apply to a public conveyance
that has been commercially chartered for group use or to the
living quarters of a motor home or camper or, except as otherwise provided by RCW 66.44.250 or local law, to any passenger for compensation in a for-hire vehicle licensed under
city, county, or state law, or to a privately-owned vehicle
operated by a person possessing a valid operator's license
endorsed for the appropriate classification under chapter
46.25 RCW in the course of his usual employment transporting passengers at the employer's direction: PROVIDED,
That nothing in this subsection shall be construed to authorize possession or consumption of an alcoholic beverage by
the operator of any vehicle while upon a highway. [1989 c
178 § 26; 1984 c 274 § 1; 1983 c 165 § 28.]
Intent—Construction—Effective date—1998 c 41: See notes following RCW 46.20.265.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Effective date—1998 c 211: See note following RCW 46.61.5055.
46.61.5151
46.61.5151 Sentences—Intermittent fulfillment—
Restrictions. A sentencing court may allow persons convicted of violating RCW 46.61.502 or 46.61.504 to fulfill the
terms of the sentence provided in RCW 46.61.5055 in nonconsecutive or intermittent time periods. However, any mandatory minimum sentence under RCW 46.61.5055 shall be
served consecutively unless suspended or deferred as otherwise provided by law. [1995 c 332 § 15; 1994 c 275 § 39;
1983 c 165 § 33.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
46.61.5152
(2004 Ed.)
[Title 46 RCW—page 231]
46.61.5191
Title 46 RCW: Motor Vehicles
Ignition interlocks, biological, technical devices: RCW 46.20.710 through
46.20.750.
46.61.5191
46.61.5191 Local ordinances not prohibited. Nothing
in RCW 46.61.519 or RCW 46.61.5191 prohibits any city or
town from enacting a local ordinance that proscribes the acts
proscribed by those sections and that provides penalties equal
to or greater than the penalties provided in those sections.
[1984 c 274 § 2.]
46.61.5195
46.61.5195 Disguising alcoholic beverage container.
(1) It is a traffic infraction to incorrectly label the original
container of an alcoholic beverage and to then violate RCW
46.61.519.
(2) It is a traffic infraction to place an alcoholic beverage
in a container specifically labeled by the manufacturer of the
container as containing a nonalcoholic beverage and to then
violate RCW 46.61.519. [1984 c 274 § 3.]
Ignition interlocks, biological, technical devices: RCW 46.20.710 through
46.20.750.
46.61.520
46.61.520 Vehicular homicide—Penalty. (1) When
the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any
vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:
(a) While under the influence of intoxicating liquor or
any drug, as defined by RCW 46.61.502; or
(b) In a reckless manner; or
(c) With disregard for the safety of others.
(2) Vehicular homicide is a class A felony punishable
under chapter 9A.20 RCW, except that, for a conviction
under subsection (1)(a) of this section, an additional two
years shall be added to the sentence for each prior offense as
defined in RCW 46.61.5055. [1998 c 211 § 2; 1996 c 199 §
7; 1991 c 348 § 1; 1983 c 164 § 1; 1975 1st ex.s. c 287 § 3;
1973 2nd ex.s. c 38 § 2; 1970 ex.s. c 49 § 5; 1965 ex.s. c 155
§ 63; 1961 c 12 § 46.56.040. Prior: 1937 c 189 § 120; RRS §
6360-120. Formerly RCW 46.56.040.]
Effective date—1998 c 211: See note following RCW 46.61.5055.
Severability—1996 c 199: See note following RCW 9.94A.505.
Effective date—1991 c 348: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 348 § 5.]
Severability—1973 2nd ex.s. c 38: See note following RCW
69.50.101.
Severability—1970 ex.s. c 49: See note following RCW 9.69.100.
Criminal history and driving record: RCW 46.61.513.
Ignition interlocks, biological, technical devices: RCW 46.20.710 through
46.20.750.
Suspension or revocation of license upon conviction of vehicular homicide
or assault: RCW 46.20.285, 46.20.291.
(b) While under the influence of intoxicating liquor or
any drug, as defined by RCW 46.61.502, and causes substantial bodily harm to another; or
(c) With disregard for the safety of others and causes
substantial bodily harm to another.
(2) Vehicular assault is a class B felony punishable under
chapter 9A.20 RCW.
(3) As used in this section, "substantial bodily harm" has
the same meaning as in RCW 9A.04.110. [2001 c 300 § 1;
1996 c 199 § 8; 1983 c 164 § 2.]
Severability—1996 c 199: See note following RCW 9.94A.505.
Criminal history and driving record: RCW 46.61.513.
Ignition interlocks, biological, technical devices: RCW 46.20.710 through
46.20.750.
46.61.524
46.61.524 Vehicular homicide, assault—Evaluation,
treatment of drug or alcohol problem. (1) A person convicted under RCW 46.61.520(1)(a) or 46.61.522(1)(b) shall,
as a condition of community custody imposed under RCW
9.94A.545 or community placement imposed under RCW
9.94A.660, complete a diagnostic evaluation by an alcohol or
drug dependency agency approved by the department of
social and health services or a qualified probation department, as defined under RCW 46.61.516 that has been
approved by the department of social and health services.
This report shall be forwarded to the department of licensing.
If the person is found to have an alcohol or drug problem that
requires treatment, the person shall complete treatment in a
program approved by the department of social and health services under chapter 70.96A RCW. If the person is found not
to have an alcohol or drug problem that requires treatment, he
or she shall complete a course in an information school
approved by the department of social and health services
under chapter 70.96A RCW. The convicted person shall pay
all costs for any evaluation, education, or treatment required
by this section, unless the person is eligible for an existing
program offered or approved by the department of social and
health services. Nothing in chapter 348, Laws of 1991
requires the addition of new treatment or assessment facilities
nor affects the department of social and health services use of
existing programs and facilities authorized by law.
(2) As provided for under RCW 46.20.285, the department shall revoke the license, permit to drive, or a nonresident privilege of a person convicted of vehicular homicide
under RCW 46.61.520 or vehicular assault under RCW
46.61.522. The department shall determine the eligibility of a
person convicted of vehicular homicide under RCW
4 6 . 6 1 . 5 2 0 ( 1 ) ( a ) o r v e h i c u l a r a s s au l t u n d er R C W
46.61.522(1)(b) to receive a license based upon the report
provided by the designated alcoholism treatment facility or
probation department, and shall deny reinstatement until satisfactory progress in an approved program has been established and the person is otherwise qualified. [2001 c 64 § 7;
2000 c 28 § 40; 1991 c 348 § 2.]
46.61.522
46.61.522 Vehicular assault—Penalty. (1) A person is
guilty of vehicular assault if he or she operates or drives any
vehicle:
(a) In a reckless manner and causes substantial bodily
harm to another; or
[Title 46 RCW—page 232]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Headings and captions not law—Effective date—Severability—
2000 c 28: See RCW 9.94A.920, 9.94A.921, and 9.94A.922.
Effective date—1991 c 348: See note following RCW 46.61.520.
(2004 Ed.)
Rules of the Road
46.61.5249 Negligent driving—First degree. (1)(a) A
person is guilty of negligent driving in the first degree if he or
she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or
property, and exhibits the effects of having consumed liquor
or an illegal drug.
(b) It is an affirmative defense to negligent driving in the
first degree by means of exhibiting the effects of having consumed an illegal drug that must be proved by the defendant
by a preponderance of the evidence, that the driver has a valid
prescription for the drug consumed, and has been consuming
it according to the prescription directions and warnings.
(c) Negligent driving in the first degree is a misdemeanor.
(2) For the purposes of this section:
(a) "Negligent" means the failure to exercise ordinary
care, and is the doing of some act that a reasonably careful
person would not do under the same or similar circumstances
or the failure to do something that a reasonably careful person
would do under the same or similar circumstances.
(b) "Exhibiting the effects of having consumed liquor"
means that a person has the odor of liquor on his or her
breath, or that by speech, manner, appearance, behavior, lack
of coordination, or otherwise exhibits that he or she has consumed liquor, and either:
(i) Is in possession of or in close proximity to a container
that has or recently had liquor in it; or
(ii) Is shown by other evidence to have recently consumed liquor.
(c) "Exhibiting the effects of having consumed an illegal
drug" means that a person by speech, manner, appearance,
behavior, lack of coordination, or otherwise exhibits that he
or she has consumed an illegal drug and either:
(i) Is in possession of an illegal drug; or
(ii) Is shown by other evidence to have recently consumed an illegal drug.
(d) "Illegal drug" means a controlled substance under
chapter 69.50 RCW for which the driver does not have a valid
prescription or that is not being consumed in accordance with
the prescription directions and warnings, or a legend drug
under chapter 69.41 RCW for which the driver does not have
a valid prescription or that is not being consumed in accordance with the prescription directions and warnings.
(3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the
basis of prosecution under such other law notwithstanding
that it may also be the basis for prosecution under this section. [1997 c 66 § 4.]
46.61.5249
Criminal history and driving record: RCW 46.61.513.
46.61.525 Negligent driving—Second degree. (1)(a)
A person is guilty of negligent driving in the second degree if,
under circumstances not constituting negligent driving in the
first degree, he or she operates a motor vehicle in a manner
that is both negligent and endangers or is likely to endanger
any person or property.
(b) It is an affirmative defense to negligent driving in the
second degree that must be proved by the defendant by a preponderance of the evidence, that the driver was operating the
motor vehicle on private property with the consent of the
owner in a manner consistent with the owner's consent.
46.61.525
(2004 Ed.)
46.61.530
(c) Negligent driving in the second degree is a traffic
infraction and is subject to a penalty of two hundred fifty dollars.
(2) For the purposes of this section, "negligent" means
the failure to exercise ordinary care, and is the doing of some
act that a reasonably careful person would not do under the
same or similar circumstances or the failure to do something
that a reasonably careful person would do under the same or
similar circumstances.
(3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the
basis of prosecution under such other law notwithstanding
that it may also be the basis for prosecution under this section. [1997 c 66 § 5; 1996 c 307 § 1; 1979 ex.s. c 136 § 86;
1967 c 32 § 69; 1961 c 12 § 46.56.030. Prior: 1939 c 154 §
1; RRS § 6360-118 1/2. Formerly RCW 46.56.030.]
Rules of court: Negligent driving cases—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Arrest of person involved in negligent driving: RCW 10.31.100.
Use of vessel in reckless manner or while under influence of alcohol or drugs
prohibited: RCW 79A.60.040.
46.61.527
46.61.527 Roadway construction zones. (1) The secretary of transportation shall adopt standards and specifications for the use of traffic control devices in roadway construction zones on state highways. A roadway construction
zone is an area where construction, repair, or maintenance
work is being conducted by public employees or private contractors, on or adjacent to any public roadway.
(2) No person may drive a vehicle in a roadway construction zone at a speed greater than that allowed by traffic
control devices.
(3) A person found to have committed any infraction
relating to speed restrictions in a roadway construction zone
shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. This penalty may not be
waived, reduced, or suspended.
(4) A person who drives a vehicle in a roadway construction zone in such a manner as to endanger or be likely to
endanger any persons or property, or who removes, evades,
or intentionally strikes a traffic safety or control device is
guilty of reckless endangerment of roadway workers. A violation of this subsection is a gross misdemeanor punishable
under chapter 9A.20 RCW.
(5) The department shall suspend for sixty days the
license or permit to drive or a nonresident driving privilege of
a person convicted of reckless endangerment of roadway
workers. [1994 c 141 § 1.]
Effective date—1994 c 141: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 28, 1994]." [1994 c 141 § 3.]
46.61.530
46.61.530 Racing of vehicles on highways—Reckless
driving—Exception. No person or persons may race any
motor vehicle or motor vehicles upon any public highway of
this state. Any person or persons who wilfully compare or
contest relative speeds by operation of one or more motor
vehicles shall be guilty of racing, which shall constitute reckless driving under RCW 46.61.500, whether or not such
[Title 46 RCW—page 233]
46.61.535
Title 46 RCW: Motor Vehicles
speed is in excess of the maximum speed prescribed by law:
PROVIDED HOWEVER, That any comparison or contest of
the accuracy with which motor vehicles may be operated in
terms of relative speeds not in excess of the posted maximum
speed does not constitute racing. [1979 ex.s. c 136 § 87; 1961
c 12 § 46.48.050. Prior: 1937 c 189 § 67; RRS § 6360-67;
1921 c 96 § 32; 1915 c 142 § 25; RRS § 6344. Formerly
RCW 46.48.050.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Arrest of person involved in racing of vehicles: RCW 10.31.100.
(4) Subsection (1) of this section and RCW 46.61.570
and 46.61.575 do not apply to the driver of a solid waste collection company or recycling company vehicle who temporarily stops the vehicle as close as practical to the right edge
of the right-hand shoulder of the roadway or right edge of the
roadway if no shoulder exists for the purpose of and while
actually engaged in the collection of solid waste or recyclables, or both, under chapters 81.77, 35.21, and 35A.21 RCW
or by contract under RCW 36.58.030 [36.58.040]. [1991 c
319 § 408; 1984 c 7 § 72; 1979 ex.s. c 178 § 20; 1977 c 24 §
2; 1965 ex.s. c 155 § 64.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
46.61.535
46.61.535 Advertising of unlawful speed—Reckless
driving. It shall be unlawful for any manufacturer, dealer,
distributor, or any person, firm, or corporation to publish or
advertise or offer for publication or advertisement, or to consent or cause to be published or advertised, the time consumed or speed attained by a vehicle between given points or
over given or designated distances upon any public highways
of this state when such published or advertised time consumed or speed attained shall indicate an average rate of
speed between given points or over a given or designated distance in excess of the maximum rate of speed allowed
between such points or at a rate of speed which would constitute reckless driving between such points. Violation of any of
the provisions of this section shall be prima facie evidence of
reckless driving and shall subject such person, firm, or corporation to the penalties in such cases provided. [1979 ex.s. c
136 § 88; 1961 c 12 § 46.48.060. Prior: 1937 c 189 § 68;
RRS § 6360-68. Formerly RCW 46.48.060.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.61.540
46.61.540 "Drugs," what included. The word "drugs",
as used in RCW 46.61.500 through 46.61.535, shall include
but not be limited to those drugs and substances regulated by
chapters 69.41 and 69.50 RCW. [1975 1st ex.s. c 287 § 5.]
STOPPING, STANDING, AND PARKING
46.61.560
46.61.560 Stopping, standing, or parking outside
business or residence districts. (1) Outside of incorporated
cities and towns no person may stop, park, or leave standing
any vehicle, whether attended or unattended, upon the roadway.
(2) Subsection (1) of this section and RCW 46.61.570
and 46.61.575 do not apply to the driver of any vehicle that is
disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in
such position. The driver shall nonetheless arrange for the
prompt removal of the vehicle as required by RCW
46.61.590.
(3) Subsection (1) of this section does not apply to the
driver of a public transit vehicle who temporarily stops the
vehicle upon the roadway for the purpose of and while actually engaged in receiving or discharging passengers at a
marked transit vehicle stop zone approved by the state
department of transportation or a county upon highways
under their respective jurisdictions.
[Title 46 RCW—page 234]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1979 ex.s. c 178: See note following RCW 46.61.590.
Limited access highways: RCW 47.52.120.
Unattended motor vehicles: RCW 46.61.600.
46.61.570
46.61.570 Stopping, standing, or parking prohibited
in specified places—Reserving portion of highway prohibited. (1) Except when necessary to avoid conflict with
other traffic, or in compliance with law or the directions of a
police officer or official traffic control device, no person
shall:
(a) Stop, stand, or park a vehicle:
(i) On the roadway side of any vehicle stopped or parked
at the edge or curb of a street;
(ii) On a sidewalk or street planting strip;
(iii) Within an intersection;
(iv) On a crosswalk;
(v) Between a safety zone and the adjacent curb or
within thirty feet of points on the curb immediately opposite
the ends of a safety zone, unless official signs or markings
indicate a different no-parking area opposite the ends of a
safety zone;
(vi) Alongside or opposite any street excavation or
obstruction when stopping, standing, or parking would
obstruct traffic;
(vii) Upon any bridge or other elevated structure upon a
highway or within a highway tunnel;
(viii) On any railroad tracks;
(ix) In the area between roadways of a divided highway
including crossovers; or
(x) At any place where official signs prohibit stopping.
(b) Stand or park a vehicle, whether occupied or not,
except momentarily to pick up or discharge a passenger or
passengers:
(i) In front of a public or private driveway or within five
feet of the end of the curb radius leading thereto;
(ii) Within fifteen feet of a fire hydrant;
(iii) Within twenty feet of a crosswalk;
(iv) Within thirty feet upon the approach to any flashing
signal, stop sign, yield sign, or traffic control signal located at
the side of a roadway;
(v) Within twenty feet of the driveway entrance to any
fire station and on the side of a street opposite the entrance to
any fire station within seventy-five feet of said entrance when
properly signposted; or
(vi) At any place where official signs prohibit standing.
(2004 Ed.)
Rules of the Road
(c) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in
loading or unloading property or passengers:
(i) Within fifty feet of the nearest rail of a railroad crossing; or
(ii) At any place where official signs prohibit parking.
(2) Parking or standing shall be permitted in the manner
provided by law at all other places except a time limit may be
imposed or parking restricted at other places but such limitation and restriction shall be by city ordinance or county resolution or order of the secretary of transportation upon highways under their respective jurisdictions.
(3) No person shall move a vehicle not lawfully under
his or her control into any such prohibited area or away from
a curb such a distance as is unlawful.
(4) It shall be unlawful for any person to reserve or
attempt to reserve any portion of a highway for the purpose of
stopping, standing, or parking to the exclusion of any other
like person, nor shall any person be granted such right. [1977
ex.s. c 151 § 40; 1975 c 62 § 35; 1965 ex.s. c 155 § 66.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Severability—1975 c 62: See note following RCW 36.75.010.
Limited access highways: RCW 47.52.120.
46.61.575 Additional parking regulations. (1) Except
as otherwise provided in this section, every vehicle stopped
or parked upon a two-way roadway shall be so stopped or
parked with the right-hand wheels parallel to and within
twelve inches of the right-hand curb or as close as practicable
to the right edge of the right-hand shoulder.
(2) Except when otherwise provided by local ordinance,
every vehicle stopped or parked upon a one-way roadway
shall be so stopped or parked parallel to the curb or edge of
the roadway, in the direction of authorized traffic movement,
with its right-hand wheels within twelve inches of the righthand curb or as close as practicable to the right edge of the
right-hand shoulder, or with its left-hand wheels within
twelve inches of the left-hand curb or as close as practicable
to the left edge of the left-hand shoulder.
(3) Local authorities may by ordinance or resolution permit angle parking on any roadway, except that angle parking
shall not be permitted on any federal-aid or state highway
unless the secretary of transportation has determined by order
that the roadway is of sufficient width to permit angle parking
without interfering with the free movement of traffic.
(4) The secretary with respect to highways under his or
her jurisdiction may place official traffic control devices prohibiting, limiting, or restricting the stopping, standing, or
parking of vehicles on any highway where the secretary has
determined by order, such stopping, standing, or parking is
dangerous to those using the highway or where the stopping,
standing, or parking of vehicles would unduly interfere with
the free movement of traffic thereon. No person shall stop,
stand, or park any vehicle in violation of the restrictions indicated by such devices. [1977 ex.s. c 151 § 41; 1975 c 62 § 36;
1965 ex.s. c 155 § 67.]
46.61.585
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.577
46.61.577 Regulations governing parking facilities.
The secretary of transportation may adopt regulations governing the use and control of park and ride lots and other
parking facilities operated by the department of transportation, including time limits for the parking of vehicles. [1981
c 185 § 1.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.581
46.61.581 Disabled persons' parking spaces—Indication, access—Failure, penalty. A parking space or stall for
a disabled person shall be indicated by a vertical sign,
between thirty-six and eighty-four inches off the ground, with
the international symbol of access, whose colors are white on
a blue background, described under RCW 70.92.120 and the
notice "State disabled parking permit required."
Failure of the person owning or controlling the property
where required parking spaces are located to erect and maintain the sign is a class 2 civil infraction under chapter 7.80
RCW for each parking space that should be so designated.
The person owning or controlling the property where the
required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure
to do so is a class 2 civil infraction. [1998 c 294 § 2; 1988 c
74 § 1; 1984 c 154 § 4.]
46.61.575
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
(2004 Ed.)
Intent—Application—Severability—1984 c 154: See notes following RCW 46.16.381.
Accessible parking spaces required: RCW 70.92.140.
Disabled persons, special parking—Unauthorized use: RCW 46.16.381.
46.61.582
46.61.582 Free parking by disabled persons. Any
person who meets the criteria for special parking privileges
under RCW 46.16.381 shall be allowed free of charge to park
a vehicle being used to transport that person for unlimited
periods of time in parking zones or areas including zones or
areas with parking meters which are otherwise restricted as to
the length of time parking is permitted. This section does not
apply to those zones or areas in which the stopping, parking,
or standing of all vehicles is prohibited or which are reserved
for special types of vehicles. The person shall obtain and display a special placard or license plate under RCW 46.16.381
to be eligible for the privileges under this section. [1991 c
339 § 25; 1984 c 154 § 5.]
Intent—Application—Severability—1984 c 154: See notes following RCW 46.16.381.
46.61.583
46.61.583 Special plate or card issued by another
jurisdiction. A special license plate or card issued by
another state or country that indicates an occupant of the
vehicle is disabled, entitles the vehicle on or in which it is displayed and being used to transport the disabled person to the
same overtime parking privileges granted under this chapter
to a vehicle with a similar special license plate or card issued
by this state. [1991 c 339 § 26; 1984 c 51 § 2.]
46.61.585
46.61.585 Winter recreational parking areas—Special permit required. Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no
[Title 46 RCW—page 235]
46.61.587
Title 46 RCW: Motor Vehicles
person shall park a vehicle in an area designated by an official sign that it is a winter recreational parking area unless
such vehicle displays, in accordance with regulations adopted
by the parks and recreation commission, a special winter recreational area parking permit or permits. [1990 c 49 § 4;
1975 1st ex.s. c 209 § 5.]
Severability—1975 1st ex.s. c 209: See note following RCW
79A.05.225.
Winter recreational parking areas: RCW 79A.05.225 through 79A.05.255.
(2) The driver of a vehicle shall not back the same upon
any shoulder or roadway of any limited access highway.
[1965 ex.s. c 155 § 69.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.606
46.61.606 Driving on sidewalk prohibited—Exception. No person shall drive any vehicle upon a sidewalk or
sidewalk area except upon a permanent or duly authorized
temporary driveway. [1975 c 62 § 45.]
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.587
46.61.587 Winter recreational parking areas—Penalty. Any violation of RCW 79A.05.240 or 46.61.585 or any
rule adopted by the parks and recreation commission to
enforce the provisions thereof is a civil infraction as provided
in chapter 7.84 RCW. [1999 c 249 § 501; 1984 c 258 § 329;
1977 c 57 § 1; 1975 1st ex.s. c 209 § 6.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1999 c 249: See note following RCW 79A.05.010.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Severability—1975 1st ex.s. c 209: See note following RCW
79A.05.225.
46.61.590
46.61.590 Unattended motor vehicle—Removal from
highway. It is unlawful for the operator of a vehicle to leave
the vehicle unattended within the limits of any highway
unless the operator of the vehicle arranges for the prompt
removal of the vehicle. [1979 ex.s. c 178 § 1.]
Severability—1979 ex.s. c 178: "If any provision of this 1979 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 178 § 23.]
Towing and impoundment: Chapter 46.55 RCW.
MISCELLANEOUS RULES
46.61.600
46.61.600 Unattended motor vehicle. (1) No person
driving or in charge of a motor vehicle shall permit it to stand
unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake
thereon and, when standing upon any perceptible grade, turning the front wheels to the curb or side of the highway.
(2) The most recent driver of a motor vehicle which the
driver has left standing unattended, who learns that the vehicle has become set in motion and has struck another vehicle
or property, or has caused injury to any person, shall comply
with the requirements of:
(a) RCW 46.52.010 if his vehicle strikes an unattended
vehicle or property adjacent to a public highway; or
(b) RCW 46.52.020 if his vehicle causes damage to an
attended vehicle or other property or injury to any person.
(3) Any person failing to comply with subsection (2)(b)
of this section shall be subject to the sanctions set forth in
RCW 46.52.020. [1980 c 97 § 2; 1965 ex.s. c 155 § 68.]
Effective date—1980 c 97: See note following RCW 46.52.020.
46.61.608 Operating motorcycles on roadways laned
for traffic. (1) All motorcycles are entitled to full use of a
lane and no motor vehicle shall be driven in such a manner as
to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in
a single lane.
(2) The operator of a motorcycle shall not overtake and
pass in the same lane occupied by the vehicle being overtaken.
(3) No person shall operate a motorcycle between lanes
of traffic or between adjacent lines or rows of vehicles.
(4) Motorcycles shall not be operated more than two
abreast in a single lane.
(5) Subsections (2) and (3) of this section shall not apply
to police officers in the performance of their official duties.
[1975 c 62 § 46.]
46.61.608
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.610 Riding on motorcycles. A person operating
a motorcycle shall ride only upon the permanent and regular
seat attached thereto, and such operator shall not carry any
other person nor shall any other person ride on a motorcycle
unless such motorcycle is designed to carry more than one
person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon
another seat firmly attached to the motorcycle at the rear or
side of the operator: PROVIDED, HOWEVER, That the
motorcycle must contain foot pegs, of a type approved by the
*equipment commission, for each person such motorcycle is
designed to carry. [1975 c 62 § 37; 1967 c 232 § 5; 1965 ex.s.
c 155 § 70.]
46.61.610
Rules of court: Monetary penalty schedule—IRLJ 6.2.
*Reviser's note: The duties of the commission on equipment were
transferred to the state patrol by 1987 c 330 (see RCW 46.37.005).
Severability—1975 c 62: See note following RCW 36.75.010.
Equipment regulations for motorcycles, motor-driven cycles, mopeds, or
electric-assisted bicycles: RCW 46.37.530, 46.37.535.
Mopeds: RCW 46.16.630, 46.61.710, 46.61.720.
46.61.611 Motorcycles—Maximum height for handlebars. No person shall operate on a public highway a
motorcycle in which the handlebars or grips are more than
thirty inches higher than the seat or saddle for the operator.
[1999 c 275 § 1; 1967 c 232 § 6.]
46.61.611
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.605
46.61.605 Limitations on backing. (1) The driver of a
vehicle shall not back the same unless such movement can be
made with safety and without interfering with other traffic.
[Title 46 RCW—page 236]
46.61.612
46.61.612 Riding on motorcycles—Position of feet.
No person shall ride a motorcycle in a position where both
(2004 Ed.)
Rules of the Road
feet are placed on the same side of the motorcycle. [1967 c
232 § 7.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.613 Motorcycles—Temporary suspension of
restrictions for parades or public demonstrations. The
provisions of RCW 46.37.530 and 46.61.610 through
46.61.612 may be temporarily suspended by the chief of the
Washington state patrol, or his designee, with respect to the
operation of motorcycles within their respective jurisdictions
in connection with a parade or public demonstration. [1967 c
232 § 8.]
46.61.613
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.614 Riding on motorcycles—Clinging to other
vehicles. No person riding upon a motorcycle shall attach
himself or the motorcycle to any other vehicle on a roadway.
[1975 c 62 § 47.]
46.61.655
not follow any fire apparatus traveling in response to a fire
alarm closer than five hundred feet or stop such vehicle
within five hundred feet of any fire apparatus stopped in
answer to a fire alarm. [1975 c 62 § 38; 1965 ex.s. c 155 §
75.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.640
46.61.640 Crossing fire hose. No vehicle shall be
driven over any unprotected hose of a fire department when
laid down on any street, or private driveway, to be used at any
fire or alarm of fire, without the consent of the fire department official in command. [1965 ex.s. c 155 § 76.]
46.61.614
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.615 Obstructions to driver's view or driving
mechanism. (1) No person shall drive a vehicle when it is so
loaded, or when there are in the front seat such a number of
persons, exceeding three, as to obstruct the view of the driver
to the front or sides of the vehicle or as to interfere with the
driver's control over the driving mechanism of the vehicle.
(2) No passenger in a vehicle shall ride in such position
as to interfere with the driver's view ahead or to the sides, or
to interfere with his control over the driving mechanism of
the vehicle. [1965 ex.s. c 155 § 71.]
46.61.615
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.620 Opening and closing vehicle doors. No person shall open the door of a motor vehicle on the side adjacent to moving traffic unless and until it is reasonably safe to
do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open
on the side of a vehicle adjacent to moving traffic for a period
of time longer than necessary to load or unload passengers.
[1965 ex.s. c 155 § 72.]
46.61.620
46.61.625 Riding in trailers or towed vehicles. (1) No
person or persons shall occupy any trailer while it is being
moved upon a public highway, except a person occupying a
proper position for steering a trailer designed to be steered
from a rear-end position.
(2) No person or persons may occupy a vehicle while it
is being towed by a tow truck as defined in RCW 46.55.010.
[1999 c 398 § 9; 1995 c 360 § 10; 1965 ex.s. c 155 § 73.]
46.61.625
46.61.630 Coasting prohibited. (1) The driver of any
motor vehicle when traveling upon a down grade shall not
coast with the gears of such vehicle in neutral.
(2) The driver of a commercial motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged. [1965 ex.s. c 155 § 74.]
46.61.630
46.61.635 Following fire apparatus prohibited. The
driver of any vehicle other than one on official business shall
46.61.635
(2004 Ed.)
46.61.645
46.61.645 Throwing materials on highway prohibited—Removal. (1) Any person who drops, or permits to be
dropped or thrown, upon any highway any material shall
immediately remove the same or cause it to be removed.
(2) Any person removing a wrecked or damaged vehicle
from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. [2003 c
337 § 5; 1965 ex.s. c 155 § 77.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Findings—2003 c 337: See note following RCW 70.93.060.
Lighted material, disposal of: RCW 76.04.455.
Littering: Chapter 70.93 RCW.
46.61.655
46.61.655 Dropping load, other materials—Covering. (1) No vehicle shall be driven or moved on any public
highway unless such vehicle is so constructed or loaded as to
prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped
for the purpose of securing traction. Any person operating a
vehicle from which any glass or objects have fallen or
escaped, which would constitute an obstruction or injure a
vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be
cleaned of all such glass or objects and shall pay any costs
therefor.
(2) No person may operate on any public highway any
vehicle with any load unless the load and such covering as
required thereon by subsection (3) of this section is securely
fastened to prevent the covering or load from becoming
loose, detached, or in any manner a hazard to other users of
the highway.
(3) Any vehicle operating on a paved public highway
with a load of dirt, sand, or gravel susceptible to being
dropped, spilled, leaked, or otherwise escaping therefrom
shall be covered so as to prevent spillage. Covering of such
loads is not required if six inches of freeboard is maintained
within the bed.
(4) Any vehicle with deposits of mud, rocks, or other
debris on the vehicle's body, fenders, frame, undercarriage,
wheels, or tires shall be cleaned of such material before the
operation of the vehicle on a paved public highway.
(5) The state patrol may make necessary rules to carry
into effect the provisions of this section, applying such provisions to specific conditions and loads and prescribing means,
methods, and practices to effectuate such provisions.
[Title 46 RCW—page 237]
46.61.660
Title 46 RCW: Motor Vehicles
(6) Nothing in this section may be construed to prohibit
a public maintenance vehicle from dropping sand on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway. [1990 c 250 § 56;
1986 c 89 § 1; 1971 ex.s. c 307 § 22; 1965 ex.s. c 52 § 1; 1961
c 12 § 46.56.135. Prior: 1947 c 200 § 3, part; 1937 c 189 §
44, part; Rem. Supp. 1947 § 6360-44, part. Formerly RCW
46.56.135.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1971 ex.s. c 307: See RCW 70.93.900.
Littering: Chapter 70.93 RCW.
46.61.680
46.61.680 Lowering passenger vehicle below legal
clearance—Penalty. It is unlawful to operate any passenger
motor vehicle which has been modified from the original
design so that any portion of such passenger vehicle other
than the wheels has less clearance from the surface of a level
roadway than the clearance between the roadway and the
lowermost portion of any rim of any wheel the tire on which
is in contact with such roadway.
Violation of the provisions of this section is a traffic
infraction. [1979 ex.s. c 136 § 90; 1961 c 151 § 1. Formerly
RCW 46.56.220.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Transporting waste to landfills: RCW 70.93.097.
46.61.685
46.61.660
46.61.660 Carrying persons or animals on outside
part of vehicle. It shall be unlawful for any person to transport any living animal on the running board, fenders, hood, or
other outside part of any vehicle unless suitable harness, cage
or enclosure be provided and so attached as to protect such
animal from falling or being thrown therefrom. It shall be
unlawful for any person to transport any persons upon the
running board, fenders, hood or other outside part of any
vehicle, except that this provision shall not apply to authorized emergency vehicles or to solid waste collection vehicles
that are engaged in collecting solid waste or recyclables on
route at speeds of twenty miles per hour or less. [1997 c 190
§ 1; 1961 c 12 § 46.56.070. Prior: 1937 c 189 § 115; RRS §
6360-115. Formerly RCW 46.56.070.]
46.61.665
46.61.665 Embracing another while driving. It shall
be unlawful for any person to operate a motor vehicle upon
the highways of this state when such person has in his or her
embrace another person which prevents the free and unhampered operation of such vehicle. Operation of a motor vehicle
in violation of this section is prima facie evidence of reckless
driving. [1979 ex.s. c 136 § 89; 1961 c 12 § 46.56.100. Prior:
1937 c 189 § 117; RRS § 6360-117; 1927 c 309 § 49; RRS §
6362-49. Formerly RCW 46.56.100.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.61.670
46.61.670 Driving with wheels off roadway. It shall
be unlawful to operate or drive any vehicle or combination of
vehicles over or along any pavement or gravel or crushed
rock surface on a public highway with one wheel or all of the
wheels off the roadway thereof, except as permitted by RCW
46.61.428 or for the purpose of stopping off such roadway, or
having stopped thereat, for proceeding back onto the pavement, gravel or crushed rock surface thereof. [1977 ex.s. c 39
§ 2; 1961 c 12 § 46.56.130. Prior: 1937 c 189 § 96; RRS §
6360-96. Formerly RCW 46.56.130.]
46.61.675
46.61.675 Causing or permitting vehicle to be unlawfully operated. It shall be unlawful for the owner, or any
other person, in employing or otherwise directing the operator of any vehicle to require or knowingly to permit the operation of such vehicle upon any public highway in any manner
contrary to the law. [1961 c 12 § 46.56.200. Prior: 1937 c
189 § 148; RRS § 6360-148. Formerly RCW 46.56.200.]
[Title 46 RCW—page 238]
46.61.685 Leaving children unattended in standing
vehicle with motor running—Penalty. (1) It is unlawful for
any person, while operating or in charge of a vehicle, to park
or willfully allow such vehicle to stand upon a public highway or in a public place with its motor running, leaving a
minor child or children under the age of sixteen years unattended in the vehicle.
(2) Any person violating this section is guilty of a misdemeanor. Upon a second or subsequent conviction for a violation of this section, the department shall revoke the operator's
license of such person. [2003 c 53 § 246; 1990 c 250 § 57;
1961 c 151 § 2. Formerly RCW 46.56.230.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1990 c 250: See note following RCW 46.16.301.
Leaving children unattended in parked automobile while entering tavern,
etc.: RCW 9.91.060.
46.61.687
46.61.687 Child passenger restraint required—Conditions—Exceptions—Penalty for violation—Dismissal—
Noncompliance not negligence. (1) Whenever a child who
is less than sixteen years of age is being transported in a
motor vehicle that is in operation and that is required by
RCW 46.37.510 to be equipped with a safety belt system in a
passenger seating position, or is being transported in a neighborhood electric vehicle that is in operation, the driver of the
vehicle shall keep the child properly restrained as follows:
(a) If the child is less than six years old and/or sixty
pounds and the passenger seating position equipped with a
safety belt system allows sufficient space for installation,
then the child will be restrained in a child restraint system
that complies with standards of the United States department
of transportation and that is secured in the vehicle in accordance with instructions of the manufacturer of the child
restraint system;
(b) If the child is less than one year of age or weighs less
than twenty pounds, the child shall be properly restrained in a
rear-facing infant seat;
(c) If the child is more than one but less than four years
of age or weighs less than forty pounds but at least twenty
pounds, the child shall be properly restrained in a forward
facing child safety seat restraint system;
(d) If the child is less than six but at least four years of
age or weighs less than sixty pounds but at least forty pounds,
the child shall be properly restrained in a child booster seat;
(2004 Ed.)
Rules of the Road
(e) If the child is six years of age or older or weighs more
than sixty pounds, the child shall be properly restrained with
the motor vehicle's safety belt properly adjusted and fastened
around the child's body or an appropriately fitting booster
seat; and
(f) Enforcement of (a) through (e) of this subsection is
subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the
child's individual height, weight, and age. The visual inspection for usage of a forward facing child safety seat must
ensure that the seat in use is equipped with a four-point shoulder harness system. The visual inspection for usage of a
booster seat must ensure that the seat belt properly fits across
the child's lap and the shoulder strap crosses the center of the
child's chest. The visual inspection for the usage of a seat belt
by a child must ensure that the lap belt properly fits across the
child's lap and the shoulder strap crosses the center of the
child's chest. In determining violations, consideration to the
above criteria must be given in conjunction with the provisions of (a) through (e) of this subsection. The driver of a
vehicle transporting a child who is under the age of six years
old or weighs less than sixty pounds, when the vehicle is
equipped with a passenger side air bag supplemental restraint
system, and the air bag system is activated, shall transport the
child in the back seat positions in the vehicle where it is practical to do so.
(2) A person violating subsection (1)(a) through (e) of
this section may be issued a notice of traffic infraction under
chapter 46.63 RCW. If the person to whom the notice was
issued presents proof of acquisition of an approved child passenger restraint system or a child booster seat, as appropriate,
within seven days to the jurisdiction issuing the notice and
the person has not previously had a violation of this section
dismissed, the jurisdiction shall dismiss the notice of traffic
infraction.
(3) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian; nor shall failure to use a child restraint system be admissible as evidence of negligence in any civil action.
(4) This section does not apply to: (a) For hire vehicles,
(b) vehicles designed to transport sixteen or less passengers,
including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, (c) vehicles providing
customer shuttle service between parking, convention, and
hotel facilities, and airport terminals, and (d) school buses.
(5) As used in this section "child booster seat" means a
child passenger restraint system that meets the Federal Motor
Vehicle Safety Standards set forth in 49 C.F.R. 571.213 that
is designed to elevate a child to properly sit in a federally
approved lap/shoulder belt system.
(6) The requirements of subsection (1)(a) through (e) of
this section do not apply in any seating position where there
is only a lap belt available and the child weighs more than
forty pounds. [2003 c 353 § 5; 2000 c 190 § 2; 1994 c 100 §
1; 1993 c 274 § 1; 1987 c 330 § 745; 1983 c 215 § 2.]
Effective date—2003 c 353: See note following RCW 46.04.320.
Intent—2000 c 190: "The legislature recognizes that fewer than five
percent of all drivers use child booster seats for children over the age of four
years. The legislature also recognizes that seventy-one percent of deaths
resulting from car accidents could be eliminated if every child under the age
of sixteen used an appropriate child safety seat, booster seat, or seat belt. The
legislature further recognizes the National Transportation Safety Board's
(2004 Ed.)
46.61.688
recommendations that promote the use of booster seats to increase the safety
of children under eight years of age. Therefore, it is the legislature's intent to
decrease deaths and injuries to children by promoting safety education and
injury prevention measures, as well as increasing public awareness on ways
to maximize the protection of children in vehicles." [2000 c 190 § 1.]
Short title—2000 c 190: "This act may be known and cited as the
Anton Skeen Act." [2000 c 190 § 5.]
Effective date—2000 c 190: "This act takes effect July 1, 2002." [2000
c 190 § 6.]
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1983 c 215: See note following RCW 46.37.505.
Standards for child passenger restraint systems: RCW 46.37.505.
46.61.688
46.61.688 Safety belts, use required—Penalties—
Exemptions. (1) For the purposes of this section, the term
"motor vehicle" includes:
(a) "Buses," meaning motor vehicles with motive power,
except trailers, designed to carry more than ten passengers;
(b) "Multipurpose passenger vehicles," meaning motor
vehicles with motive power, except trailers, designed to carry
ten persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation;
(c) "Neighborhood electric vehicle," meaning a self-propelled, electrically powered four-wheeled motor vehicle
whose speed attainable in one mile is more than twenty miles
per hour and not more than twenty-five miles per hour and
conforms to federal regulations under Title 49 C.F.R. Part
571.500;
(d) "Passenger cars," meaning motor vehicles with
motive power, except multipurpose passenger vehicles,
motorcycles, or trailers, designed for carrying ten passengers
or less; and
(e) "Trucks," meaning motor vehicles with motive
power, except trailers, designed primarily for the transportation of property.
(2) This section only applies to motor vehicles that meet
the manual seat belt safety standards as set forth in federal
motor vehicle safety standard 208 and to neighborhood electric vehicles. This section does not apply to a vehicle occupant for whom no safety belt is available when all designated
seating positions as required by federal motor vehicle safety
standard 208 are occupied.
(3) Every person sixteen years of age or older operating
or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner.
(4) No person may operate a motor vehicle unless all
child passengers under the age of sixteen years are either: (a)
Wearing a safety belt assembly or (b) are securely fastened
into an approved child restraint device.
(5) A person violating this section shall be issued a
notice of traffic infraction under chapter 46.63 RCW. A finding that a person has committed a traffic infraction under this
section shall be contained in the driver's abstract but shall not
be available to insurance companies or employers.
(6) Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a
safety belt assembly be admissible as evidence of negligence
in any civil action.
(7) This section does not apply to an operator or passenger who possesses written verification from a licensed physi[Title 46 RCW—page 239]
46.61.6885
Title 46 RCW: Motor Vehicles
cian that the operator or passenger is unable to wear a safety
belt for physical or medical reasons.
(8) The state patrol may adopt rules exempting operators
or occupants of farm vehicles, construction equipment, and
vehicles that are required to make frequent stops from the
requirement of wearing safety belts. [2003 c 353 § 4; 2002 c
328 § 2; (2002 c 328 § 1 expired July 1, 2002); 2000 c 190 §
3; 1990 c 250 § 58; 1986 c 152 § 1.]
Effective date—2003 c 353: See note following RCW 46.04.320.
Expiration date—2002 c 328 § 1: "Section 1 of this act expires July 1,
2002." [2002 c 328 § 3.]
Effective date—2002 c 328 § 2: "Section 2 of this act takes effect July
1, 2002." [2002 c 328 § 4.]
Intent—Short title—Effective date—2000 c 190: See notes following
RCW 46.61.687.
Severability—1990 c 250: See note following RCW 46.16.301.
Study of effectiveness—1986 c 152: "The traffic safety commission
shall undertake a study of the effectiveness of section 1 of this act and shall
report its finding to the legislative transportation committee by January 1,
1989." [1986 c 152 § 3.]
Physicians—Immunity from liability regarding safety belts: RCW 4.24.235.
Seat belts and shoulder harnesses, required equipment: RCW 46.37.510.
46.61.6885
46.61.6885 Child restraints, seatbelts—Educational
campaign. The traffic safety commission shall conduct an
educational campaign using all available methods to raise
public awareness of the importance of properly restraining
child passengers and the value of seatbelts to adult motorists.
The traffic safety commission shall report to the transportation committees of the legislature on the campaign and
results observed on the highways. The first report is due
December 1, 2000, and annually thereafter. [2000 c 190 § 4.]
Intent—Short title—Effective date—2000 c 190: See notes following
RCW 46.61.687.
46.61.690
46.61.690 Violations relating to toll facilities. Any
person who uses a toll bridge, toll tunnel, toll road, or toll
ferry, and the approaches thereto, operated by the state of
Washington, the department of transportation, a political subdivision or municipal corporation empowered to operate toll
facilities, or an entity operating a toll facility under a contract
with the department of transportation, a political subdivision,
or municipal corporation, at the entrance to which appropriate signs have been erected to notify both pedestrian and
vehicular traffic that it is entering a toll facility or its
approaches and is subject to the payment of tolls at the designated station for collecting tolls, commits a traffic infraction
if:
(1) The person does not pay, refuses to pay, evades, or
attempts to evade the payment of such tolls, or uses or
attempts to use any spurious, counterfeit, or stolen ticket,
coupon, token, or electronic device for payment of any such
tolls, or
(2) The person turns, or attempts to turn, the vehicle
around in the bridge, tunnel, loading terminal, approach, or
toll plaza where signs have been erected forbidding such
turns, or
(3) The person refuses to move a vehicle through the toll
facility after having come within the area where signs have
been erected notifying traffic that it is entering the area where
toll is collectible or where vehicles may not turn around and
[Title 46 RCW—page 240]
where vehicles are required to pass through the toll facility
for the purpose of collecting tolls. [2004 c 231 § 1; 1983 c
247 § 1; 1979 ex.s. c 136 § 91; 1961 c 259 § 1. Formerly
RCW 46.56.240.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1961 c 259: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1961 c 259 § 2.]
Electronic toll collection, photo enforcement: RCW 46.63.160.
46.61.700
46.61.700 Parent or guardian shall not authorize or
permit violation by a child or ward. The parent of any
child and the guardian of any ward shall not authorize or
knowingly permit any such child or ward to violate any of the
provisions of this chapter. [1965 ex.s. c 155 § 78.]
Reviser's note: This section was enacted just before sections about the
operation of bicycles and play vehicles and was accordingly so codified in
1965. Other sections enacted later have been codified under the numbers
remaining between RCW 46.61.700 and 46.61.750. The section appears in
the Uniform Vehicle Code (1962) as part of the first section of Article XII—
Operation of Bicycles and Play Vehicles.
Captions used herein, not part of the law: RCW 46.61.990.
Unlawful to allow unauthorized child or ward to drive: RCW 46.20.024.
46.61.710
46.61.710 Mopeds, EPAMDs, electric-assisted bicycles, motorized foot scooters—General requirements and
operation. (1) No person shall operate a moped upon the
highways of this state unless the moped has been assigned a
moped registration number and displays a moped permit in
accordance with the provisions of RCW 46.16.630.
(2) Notwithstanding any other provision of law, a moped
may not be operated on a bicycle path or trail, bikeway,
equestrian trail, or hiking or recreational trail.
(3) Operation of a moped, electric personal assistive
mobility device, or an electric-assisted bicycle on a fully controlled limited access highway is unlawful. Operation of a
moped or an electric-assisted bicycle on a sidewalk is unlawful.
(4) Removal of any muffling device or pollution control
device from a moped is unlawful.
(5) Subsections (1), (2), and (4) of this section do not
apply to electric-assisted bicycles. Electric-assisted bicycles
and motorized foot scooters may have access to highways of
the state to the same extent as bicycles. Subject to subsection
(6) of this section, electric-assisted bicycles and motorized
foot scooters may be operated on a multipurpose trail or bicycle lane, but local jurisdictions may restrict or otherwise limit
the access of electric-assisted bicycles and motorized foot
scooters, and state agencies may regulate the use of motorized foot scooters on facilities and properties under their
jurisdiction and control.
(6) Subsections (1) and (4) of this section do not apply to
motorized foot scooters. Subsection (2) of this section
applies to motorized foot scooters when the bicycle path,
trail, bikeway, equestrian trail, or hiking or recreational trail
was built or is maintained with federal highway transportation funds. Additionally, any new trail or bicycle path or
readily identifiable existing trail or bicycle path not built or
maintained with federal highway transportation funds may be
(2004 Ed.)
Rules of the Road
used by persons operating motorized foot scooters only when
appropriately signed.
(7) A person operating an electric personal assistive
mobility device (EPAMD) shall obey all speed limits and
shall yield the right-of-way to pedestrians and human-powered devices at all times. An operator must also give an audible signal before overtaking and passing a pedestrian. Except
for the limitations of this subsection, persons operating an
EPAMD have all the rights and duties of a pedestrian.
(8) The use of an EPAMD may be regulated in the following circumstances:
(a) A municipality and the department of transportation
may prohibit the operation of an EPAMD on public highways
within their respective jurisdictions where the speed limit is
greater than twenty-five miles per hour;
(b) A municipality may restrict the speed of an EPAMD
in locations with congested pedestrian or nonmotorized traffic and where there is significant speed differential between
pedestrians or nonmotorized traffic and EPAMD operators.
The areas in this subsection must be designated by the city
engineer or designee of the municipality. Municipalities
shall not restrict the speed of an EPAMD in the entire community or in areas in which there is infrequent pedestrian traffic;
(c) A state agency or local government may regulate the
operation of an EPAMD within the boundaries of any area
used for recreation, open space, habitat, trails, or conservation purposes. [2003 c 353 § 10; 2002 c 247 § 7; 1997 c 328
§ 5; 1979 ex.s. c 213 § 8.]
Effective date—2003 c 353: See note following RCW 46.04.320.
Legislative review—2002 c 247: See note following RCW 46.04.1695.
46.61.720
46.61.720 Mopeds—Safety standards. Mopeds shall
comply with those federal motor vehicle safety standards
established under the national traffic vehicle safety act of
1966 (15 U.S.C. Sec. 1381, et seq.) which are applicable to a
motor-driven cycle, as that term is defined in such federal
standards. [1979 ex.s. c 213 § 9.]
Mopeds
drivers' licenses, motorcycle endorsement, moped exemption: RCW
46.20.500.
registration: RCW 46.16.630.
46.61.725
46.61.725 Neighborhood electric vehicles. (1) Absent
prohibition by local authorities authorized under this section
and except as prohibited elsewhere in this section, a person
may operate a neighborhood electric vehicle upon a highway
of this state having a speed limit of thirty-five miles per hour
or less if:
(a) The person does not operate a neighborhood electric
vehicle upon state highways that are listed in chapter 47.17
RCW;
(b) The person does not operate a neighborhood electric
vehicle upon a highway of this state without first having
obtained and having in full force and effect a current and
proper vehicle license and display vehicle license number
plates in compliance with chapter 46.16 RCW;
(c) The person does not operate a neighborhood electric
vehicle upon a highway of this state without first obtaining a
valid driver's license issued to Washington residents in compliance with chapter 46.20 RCW;
(2004 Ed.)
46.61.740
(d) The person does not operate a neighborhood electric
vehicle subject to registration under chapter 46.16 RCW on a
highway of this state unless the person is insured under a
motor vehicle liability policy in compliance with chapter
46.30 RCW; and
(e) The person operating a neighborhood electric vehicle
does not cross a roadway with a speed limit in excess of
thirty-five miles per hour, unless the crossing begins and ends
on a roadway with a speed limit of thirty-five miles per hour
or less and occurs at an intersection of approximately ninety
degrees, except that the operator of a neighborhood electric
vehicle must not cross an uncontrolled intersection of streets
and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities provided elsewhere in this section.
(2) Any person who violates this section commits a traffic infraction.
(3) This section does not prevent local authorities, with
respect to streets and highways under their jurisdiction and
within the reasonable exercise of their police power, from
regulating the operation of neighborhood electric vehicles on
streets and highways under their jurisdiction by resolution or
ordinance of the governing body, if the regulation is consistent with the provisions of this title, except that:
(a) Local authorities may not authorize the operation of
neighborhood electric vehicles on streets and highways that
are part of the state highway system subject to the provisions
of Title 47 RCW;
(b) Local authorities may not prohibit the operation of
neighborhood electric vehicles upon highways of this state
having a speed limit of twenty-five miles per hour or less; and
(c) Local authorities are prohibited from establishing any
requirements for the registration and licensing of neighborhood electric vehicles. [2003 c 353 § 3.]
Effective date—2003 c 353: See note following RCW 46.04.320.
46.61.730
46.61.730 Wheelchair conveyances. (1) No person
may operate a wheelchair conveyance on any public roadway
with a posted speed limit in excess of thirty-five miles per
hour.
(2) No person other than a wheelchair-bound person may
operate a wheelchair conveyance on a public roadway.
(3) Every wheelchair-bound person operating a wheelchair conveyance upon a roadway is granted all the rights and
is subject to all the duties applicable to the driver of a vehicle
by this chapter, except those provisions that by their nature
can have no application.
(4) A violation of this section is a traffic infraction.
[1983 c 200 § 5.]
Severability—1983 c 200: See note following RCW 46.04.710.
Wheelchair conveyances
definitions: RCW 46.04.710.
licensing: RCW 46.16.640.
operator's license: RCW 46.20.109.
safety standards: RCW 46.37.610.
46.61.740
46.61.740 Theft of motor vehicle fuel. (1) Any person
who refuses to pay or evades payment for motor vehicle fuel
that is pumped into a motor vehicle is guilty of theft of motor
vehicle fuel. A violation of this subsection is a gross misdemeanor punishable under chapter 9A.20 RCW.
[Title 46 RCW—page 241]
46.61.750
Title 46 RCW: Motor Vehicles
46.61.770
Bicycle awareness program: RCW 43.43.390.
46.61.770 Riding on roadways and bicycle paths. (1)
Every person operating a bicycle upon a roadway at a rate of
speed less than the normal flow of traffic at the particular
time and place shall ride as near to the right side of the right
through lane as is safe except as may be appropriate while
preparing to make or while making turning movements, or
while overtaking and passing another bicycle or vehicle proceeding in the same direction. A person operating a bicycle
upon a roadway or highway other than a limited-access highway, which roadway or highway carries traffic in one direction only and has two or more marked traffic lanes, may ride
as near to the left side of the left through lane as is safe. A
person operating a bicycle upon a roadway may use the
shoulder of the roadway or any specially designated bicycle
lane if such exists.
(2) Persons riding bicycles upon a roadway shall not ride
more than two abreast except on paths or parts of roadways
set aside for the exclusive use of bicycles. [1982 c 55 § 7;
1974 ex.s. c 141 § 14; 1965 ex.s. c 155 § 83.]
"Bicycle" defined: RCW 46.04.071.
Rules of court: Monetary penalty schedule—IRLJ 6.2.
(2) The court shall order the department to suspend the
person's license, permit, or nonresident privilege to drive for
a period specified by the court of up to six months. [2001 c
325 § 1.]
OPERATION OF NONMOTORIZED VEHICLES
46.61.750
46.61.750 Effect of regulations—Penalty. (1) It is a
traffic infraction for any person to do any act forbidden or fail
to perform any act required in RCW 46.61.750 through
46.61.780.
(2) These regulations applicable to bicycles apply whenever a bicycle is operated upon any highway or upon any
bicycle path, subject to those exceptions stated herein. [1982
c 55 § 6; 1979 ex.s. c 136 § 92; 1965 ex.s. c 155 § 79.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Use of bicycles on limited-access highways: RCW 46.61.160.
46.61.755
46.61.755 Traffic laws apply to persons riding bicycles. (1) Every person riding a bicycle upon a roadway shall
be granted all of the rights and shall be subject to all of the
duties applicable to the driver of a vehicle by this chapter,
except as to special regulations in RCW 46.61.750 through
46.61.780 and except as to those provisions of this chapter
which by their nature can have no application.
(2) Every person riding a bicycle upon a sidewalk or
crosswalk must be granted all of the rights and is subject to all
of the duties applicable to a pedestrian by this chapter. [2000
c 85 § 3; 1965 ex.s. c 155 § 80.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.758
46.61.758 Hand signals. All hand signals required of
persons operating bicycles shall be given in the following
manner:
(1) Left turn. Left hand and arm extended horizontally
beyond the side of the bicycle;
(2) Right turn. Left hand and arm extended upward
beyond the side of the bicycle, or right hand and arm
extended horizontally to the right side of the bicycle;
(3) Stop or decrease speed. Left hand and arm extended
downward beyond the side of the bicycle.
The hand signals required by this section shall be given
before initiation of a turn. [1982 c 55 § 8.]
46.61.775
46.61.775 Carrying articles. No person operating a
bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle bars. [1965 ex.s. c 155 § 84.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.780
46.61.780 Lamps and other equipment on bicycles.
(1) Every bicycle when in use during the hours of darkness as
defined in RCW 46.37.020 shall be equipped with a lamp on
the front which shall emit a white light visible from a distance
of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the state patrol which
shall be visible from all distances up to six hundred feet to the
rear when directly in front of lawful lower beams of head
lamps on a motor vehicle. A lamp emitting a red light visible
from a distance of five hundred feet to the rear may be used
in addition to the red reflector. A light-emitting diode flashing taillight visible from a distance of five hundred feet to the
rear may also be used in addition to the red reflector.
(2) Every bicycle shall be equipped with a brake which
will enable the operator to make the braked wheels skid on
dry, level, clean pavement. [1998 c 165 § 17; 1987 c 330 §
746; 1975 c 62 § 39; 1965 ex.s. c 155 § 85.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.760
46.61.760 Riding on bicycles. (1) A person propelling
a bicycle shall not ride other than upon or astride a permanent
and regular seat attached thereto.
(2) No bicycle shall be used to carry more persons at one
time than the number for which it is designed and equipped.
[1965 ex.s. c 155 § 81.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.61.765
46.61.765 Clinging to vehicles. No person riding upon
any bicycle, coaster, roller skates, sled or toy vehicle shall
attach the same or himself to any vehicle upon a roadway.
[1965 ex.s. c 155 § 82.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
[Title 46 RCW—page 242]
Short title—1998 c 165: See note following RCW 43.59.010.
Construction—Application of rules—Severability—1987 c 330: See
notes following RCW 28B.12.050.
Severability—1975 c 62: See note following RCW 36.75.010.
46.61.790
46.61.790 Intoxicated bicyclists. (1) A law enforcement officer may offer to transport a bicycle rider who
appears to be under the influence of alcohol or any drug and
who is walking or moving along or within the right of way of
a public roadway, unless the bicycle rider is to be taken into
protective custody under RCW 70.96A.120. The law
enforcement officer offering to transport an intoxicated bicycle rider under this section shall:
(2004 Ed.)
Disposition of Traffic Infractions
(a) Transport the intoxicated bicycle rider to a safe place;
or
(b) Release the intoxicated bicycle rider to a competent
person.
(2) The law enforcement officer shall not provide the
assistance offered if the bicycle rider refuses to accept it. No
suit or action may be commenced or prosecuted against the
law enforcement officer, law enforcement agency, the state
of Washington, or any political subdivision of the state for
any act resulting from the refusal of the bicycle rider to
accept this assistance.
(3) The law enforcement officer may impound the bicycle operated by an intoxicated bicycle rider if the officer
determines that impoundment is necessary to reduce a threat
to public safety, and there are no reasonable alternatives to
impoundment. The bicyclist will be given a written notice of
when and where the impounded bicycle may be reclaimed.
The bicycle may be reclaimed by the bicycle rider when the
bicycle rider no longer appears to be intoxicated, or by an
individual who can establish ownership of the bicycle. The
bicycle must be returned without payment of a fee. If the
bicycle is not reclaimed within thirty days, it will be subject
to sale or disposal consistent with agency procedures. [2000
c 85 § 4.]
46.61.990
46.61.990 Recodification of sections—Organization
of chapter—Construction. Sections 1 through 52 and 54
through 86 of chapter 155, Laws of 1965 ex. sess. are added
to chapter 12, Laws of 1961 and shall constitute a new chapter in Title 46 of the Revised Code of Washington and sections 54, 55, and 63 as herein amended and RCW 46.48.012,
46.48.014, 46.48.015, 46.48.016, 46.48.023, 46.48.025,
46.48.026, 46.48.041, 46.48.046, 46.48.050, 46.48.060,
46.48.080, 46.48.110, 46.48.120, 46.48.150, 46.48.160,
46.48.340, 46.56.030, 46.56.070, 46.56.100, 46.56.130,
46.56.135, 46.56.190, 46.56.200, 46.56.210, 46.56.220,
46.56.230, 46.56.240, 46.60.260, 46.60.270, 46.60.330, and
46.60.340 shall be recodified as and be a part of said chapter.
The sections of the new chapter shall be organized under the
following captions: "OBEDIENCE TO AND EFFECT OF
TRAFFIC LAWS", "TRAFFIC SIGNS, SIGNALS AND
MARKINGS", "DRIVING ON RIGHT SIDE OF ROADWAY—OVERTAKING AND PASSING—USE OF
ROADWAY", "RIGHT OF WAY", "PEDESTRIANS'
RIGHTS AND DUTIES", "TURNING AND STARTING
AND SIGNALS ON STOPPING AND TURNING", "SPECIAL STOPS REQUIRED", "SPEED RESTRICTIONS",
"RECKLESS DRIVING, DRIVING WHILE UNDER THE
INFLUENCE OF INTOXICATING LIQUOR OR ANY
DRUG, AND NEGLIGENT HOMICIDE BY VEHICLE",
"STOPPING, STANDING AND PARKING", "MISCELLANEOUS RULES", and "OPERATION OF NONMOTORIZED VEHICLES". Such captions shall not constitute
any part of the law. [1991 c 290 § 5; 1991 c 214 § 3; 1965
ex.s. c 155 § 92.]
Reviser's note: This section was amended by 1991 c 214 § 3 and by
1991 c 290 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
(2004 Ed.)
46.63.020
46.61.991
46.61.991 Severability—1965 ex.s. c 155. If any provision of this amendatory act, or its application to any person
or circumstance is held invalid, the remainder of the act, or
the application of the provision to other persons or circumstances is not affected. [1965 ex.s. c 155 § 93.]
Chapter 46.63 RCW
DISPOSITION OF TRAFFIC INFRACTIONS
Chapter 46.63
Sections
46.63.010
46.63.020
46.63.030
46.63.040
46.63.050
46.63.060
46.63.070
46.63.075
46.63.080
46.63.090
46.63.100
46.63.110
46.63.120
46.63.130
46.63.140
46.63.151
46.63.160
Legislative intent.
Violations as traffic infractions—Exceptions.
Notice of traffic infraction—Issuance—Abandoned vehicles.
Jurisdiction of courts—Jurisdiction of college and university
governing bodies.
Training of judicial officers.
Notice of traffic infraction—Determination final unless contested—Form.
Response to notice—Contesting determination—Hearing—
Failure to respond or appear.
Toll evasion—Presumption.
Hearings—Rules of procedure—Counsel.
Hearings—Contesting determination that infraction committed—Appeal.
Hearings—Explanation of mitigating circumstances.
Monetary penalties.
Order of court—Civil nature—Waiver, reduction, suspension
of penalty—Community restitution.
Issue of process by court of limited jurisdiction.
Presumption regarding stopped, standing, or parked vehicles.
Costs and attorney fees.
Electronic toll collection, photo enforcement.
Traffic and civil infraction cases involving juveniles under age sixteen:
RCW 13.40.250.
46.63.010
46.63.010 Legislative intent. It is the legislative intent
in the adoption of this chapter in decriminalizing certain traffic offenses to promote the public safety and welfare on public highways and to facilitate the implementation of a uniform and expeditious system for the disposition of traffic
infractions. [1979 ex.s. c 136 § 1.]
Effective date—1979 ex.s. c 136: "The provisions of chapter 136,
Laws of 1979 ex. sess. and this 1980 act shall take effect on January 1, 1981,
and shall apply to violations of the traffic laws committed on or after January
1, 1981." [1980 c 128 § 9; 1979 ex.s. c 136 § 111.]
Severability—1979 ex.s. c 136: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 136 § 110.]
46.63.020
46.63.020 Violations as traffic infractions—Exceptions. Failure to perform any act required or the performance
of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping,
and pedestrian offenses, is designated as a traffic infraction
and may not be classified as a criminal offense, except for an
offense contained in the following provisions of this title or a
violation of an equivalent administrative regulation or local
law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating
liquor or a controlled substance;
(2) RCW 46.09.130 relating to operation of nonhighway
vehicles;
(3) RCW 46.10.090(2) relating to the operation of a
snowmobile while under the influence of intoxicating liquor
[Title 46 RCW—page 243]
46.63.020
Title 46 RCW: Motor Vehicles
or narcotics or habit-forming drugs or in a manner endangering the person of another;
(4) RCW 46.10.130 relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle
has been destroyed or declared a total loss;
(6) RCW 46.16.010 relating to initial registration of
motor vehicles;
(7) RCW 46.16.011 relating to permitting unauthorized
persons to drive;
(8) RCW 46.16.160 relating to vehicle trip permits;
(9) RCW 46.16.381(2) relating to knowingly providing
false information in conjunction with an application for a
special placard or license plate for disabled persons' parking;
(10) RCW 46.20.005 relating to driving without a valid
driver's license;
(11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;
(12) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;
(13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
(14) RCW 46.20.345 relating to the operation of a motor
vehicle with a suspended or revoked license;
(15) RCW 46.20.410 relating to the violation of restrictions of an occupational or temporary restricted driver's
license;
(16) RCW 46.20.740 relating to operation of a motor
vehicle without an ignition interlock device in violation of a
license notation that the device is required;
(17) RCW 46.20.750 relating to assisting another person
to start a vehicle equipped with an ignition interlock device;
(18) RCW 46.25.170 relating to commercial driver's
licenses;
(19) Chapter 46.29 RCW relating to financial responsibility;
(20) RCW 46.30.040 relating to providing false evidence
of financial responsibility;
(21) RCW 46.37.435 relating to wrongful installation of
sunscreening material;
(22) RCW 46.37.650 relating to the sale, resale, distribution, or installation of a previously deployed air bag;
(23) RCW 46.44.180 relating to operation of mobile
home pilot vehicles;
(24) RCW 46.48.175 relating to the transportation of
dangerous articles;
(25) RCW 46.52.010 relating to duty on striking an unattended car or other property;
(26) RCW 46.52.020 relating to duty in case of injury to
or death of a person or damage to an attended vehicle;
(27) RCW 46.52.090 relating to reports by repairmen,
storagemen, and appraisers;
(28) RCW 46.52.130 relating to confidentiality of the
driving record to be furnished to an insurance company, an
employer, and an alcohol/drug assessment or treatment
agency;
(29) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration
certificate;
[Title 46 RCW—page 244]
(30) RCW 46.55.035 relating to prohibited practices by
tow truck operators;
(31) RCW 46.61.015 relating to obedience to police
officers, flaggers, or fire fighters;
(32) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
(33) RCW 46.61.022 relating to failure to stop and give
identification to an officer;
(34) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
(35) RCW 46.61.500 relating to reckless driving;
(36) RCW 46.61.502 and 46.61.504 relating to persons
under the influence of intoxicating liquor or drugs;
(37) RCW 46.61.503 relating to a person under age
twenty-one driving a motor vehicle after consuming alcohol;
(38) RCW 46.61.520 relating to vehicular homicide by
motor vehicle;
(39) RCW 46.61.522 relating to vehicular assault;
(40) RCW 46.61.5249 relating to first degree negligent
driving;
(41) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
(42) RCW 46.61.530 relating to racing of vehicles on
highways;
(43) RCW 46.61.685 relating to leaving children in an
unattended vehicle with the motor running;
(44) RCW 46.61.740 relating to theft of motor vehicle
fuel;
(45) RCW 46.64.010 relating to unlawful cancellation of
or attempt to cancel a traffic citation;
(46) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
(47) Chapter 46.65 RCW relating to habitual traffic
offenders;
(48) RCW 46.68.010 relating to false statements made to
obtain a refund;
(49) Chapter 46.70 RCW relating to unfair motor vehicle
business practices, except where that chapter provides for the
assessment of monetary penalties of a civil nature;
(50) Chapter 46.72 RCW relating to the transportation of
passengers in for hire vehicles;
(51) RCW 46.72A.060 relating to limousine carrier
insurance;
(52) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;
(53) RCW 46.72A.080 relating to false advertising by a
limousine carrier;
(54) Chapter 46.80 RCW relating to motor vehicle
wreckers;
(55) Chapter 46.82 RCW relating to driver's training
schools;
(56) RCW 46.87.260 relating to alteration or forgery of a
cab card, letter of authority, or other temporary authority
issued under chapter 46.87 RCW;
(57) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW. [2004
c 95 § 14; 2003 c 33 § 4; 2001 c 325 § 4; 1999 c 86 § 6; 1998
c 294 § 3. Prior: 1997 c 229 § 13; 1997 c 66 § 8; prior: 1996
c 307 § 6; 1996 c 287 § 7; 1996 c 93 § 3; 1996 c 87 § 21; 1996
c 31 § 3; prior: 1995 1st sp.s. c 16 § 1; 1995 c 332 § 16; 1995
c 256 § 25; prior: 1994 c 275 § 33; 1994 c 141 § 2; 1993 c
(2004 Ed.)
Disposition of Traffic Infractions
501 § 8; 1992 c 32 § 4; 1991 c 339 § 27; prior: 1990 c 250 §
59; 1990 c 95 § 3; prior: 1989 c 353 § 8; 1989 c 178 § 27;
1989 c 111 § 20; prior: 1987 c 388 § 11; 1987 c 247 § 6; 1987
c 244 § 55; 1987 c 181 § 2; 1986 c 186 § 3; prior: 1985 c 377
§ 28; 1985 c 353 § 2; 1985 c 302 § 7; 1983 c 164 § 6; 1982 c
10 § 12; prior: 1981 c 318 § 2; 1981 c 19 § 1; 1980 c 148 §
7; 1979 ex.s. c 136 § 2.]
Effective date—1997 c 229: See note following RCW 10.05.090.
Effective date—1995 1st sp.s. c 16: "This act shall take effect September 1, 1995." [1995 1st sp.s. c 16 § 2.]
Severability—Effective dates—1995 c 332: See notes following
RCW 46.20.308.
Short title—Effective date—1994 c 275: See notes following RCW
46.04.015.
Effective date—1994 c 141: See note following RCW 46.61.527.
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—Effective date—1989 c 353: See RCW 46.30.900 and
46.30.901.
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Severability—1987 c 388: See note following RCW 46.20.342.
Effective dates—1987 c 244: See note following RCW 46.12.020.
Severability—Effective date—1985 c 377: See RCW 46.55.900 and
46.55.902.
Severability—1982 c 10: See note following RCW 6.13.080.
Severability—1981 c 19: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 19 § 7.]
Effective date—1980 c 148: See note following RCW 46.10.090.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.030 Notice of traffic infraction—Issuance—
Abandoned vehicles. (1) A law enforcement officer has the
authority to issue a notice of traffic infraction:
(a) When the infraction is committed in the officer's
presence;
(b) When the officer is acting upon the request of a law
enforcement officer in whose presence the traffic infraction
was committed;
(c) If an officer investigating at the scene of a motor
vehicle accident has reasonable cause to believe that the
driver of a motor vehicle involved in the accident has committed a traffic infraction; or
(d) When the notice of infraction is detected through the
use of a photo enforcement system under RCW 46.63.160.
(2) A court may issue a notice of traffic infraction upon
receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed.
(3) If any motor vehicle without a driver is found parked,
standing, or stopped in violation of this title or an equivalent
administrative regulation or local law, ordinance, regulation,
or resolution, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall
conspicuously affix to the vehicle a notice of traffic infraction.
(4) In the case of failure to redeem an abandoned vehicle
under RCW 46.55.120, upon receiving a complaint by a registered tow truck operator that has incurred costs in removing, storing, and disposing of an abandoned vehicle, an
46.63.030
(2004 Ed.)
46.63.060
officer of the law enforcement agency responsible for directing the removal of the vehicle shall send a notice of infraction
by certified mail to the last known address of the person
responsible under RCW 46.55.105. The notice must be entitled "Littering—Abandoned Vehicle" and give notice of the
monetary penalty. The officer shall append to the notice of
infraction, on a form prescribed by the department of licensing, a notice indicating the amount of costs incurred as a
result of removing, storing, and disposing of the abandoned
vehicle, less any amount realized at auction, and a statement
that monetary penalties for the infraction will not be considered as having been paid until the monetary penalty payable
under this chapter has been paid and the court is satisfied that
the person has made restitution in the amount of the deficiency remaining after disposal of the vehicle. [2004 c 231 §
2; 2002 c 279 § 14; 1995 c 219 § 5; 1994 c 176 § 3; 1987 c 66
§ 2; 1980 c 128 § 10; 1979 ex.s. c 136 § 3.]
Effective date—Severability—1980 c 128: See notes following RCW
46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.040
46.63.040 Jurisdiction of courts—Jurisdiction of college and university governing bodies. (1) All violations of
state law, local law, ordinance, regulation, or resolution designated as traffic infractions in RCW 46.63.020 may be heard
and determined by a district court, except as otherwise provided in this section.
(2) Any municipal court has the authority to hear and
determine traffic infractions pursuant to this chapter.
(3) Any city or town with a municipal court may contract
with the county to have traffic infractions committed within
the city or town adjudicated by a district court.
(4) District court commissioners have the authority to
hear and determine traffic infractions pursuant to this chapter.
(5) Any district or municipal court may refer juveniles
age sixteen or seventeen who are enrolled in school to a youth
court, as defined in RCW 3.72.005 or 13.40.020, for traffic
infractions.
(6) The boards of regents of the state universities, and the
boards of trustees of the regional universities and of The
Evergreen State College have the authority to hear and determine traffic infractions under RCW 28B.10.560. [2002 c 237
§ 20; 1984 c 258 § 137; 1983 c 221 § 2; 1979 ex.s. c 136 § 6.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.050
46.63.050 Training of judicial officers. All judges and
court commissioners adjudicating traffic infractions shall
complete such training requirements as are promulgated by
the supreme court. [1979 ex.s. c 136 § 7.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.060
46.63.060 Notice of traffic infraction—Determination final unless contested—Form. (1) A notice of traffic
infraction represents a determination that an infraction has
[Title 46 RCW—page 245]
46.63.070
Title 46 RCW: Motor Vehicles
been committed. The determination will be final unless contested as provided in this chapter.
(2) The form for the notice of traffic infraction shall be
prescribed by rule of the supreme court and shall include the
following:
(a) A statement that the notice represents a determination
that a traffic infraction has been committed by the person
named in the notice and that the determination shall be final
unless contested as provided in this chapter;
(b) A statement that a traffic infraction is a noncriminal
offense for which imprisonment may not be imposed as a
sanction; that the penalty for a traffic infraction may include
sanctions against the person's driver's license including suspension, revocation, or denial; that the penalty for a traffic
infraction related to standing, stopping, or parking may
include nonrenewal of the vehicle license;
(c) A statement of the specific traffic infraction for
which the notice was issued;
(d) A statement of the monetary penalty established for
the traffic infraction;
(e) A statement of the options provided in this chapter
for responding to the notice and the procedures necessary to
exercise these options;
(f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and
that the person may subpoena witnesses including the officer
who issued the notice of infraction;
(g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the
commission of the infraction the person will be deemed to
have committed the infraction and may not subpoena witnesses;
(h) A statement that the person must respond to the
notice as provided in this chapter within fifteen days or the
person's driver's license or driving privilege will be suspended by the department until any penalties imposed pursuant to this chapter have been satisfied;
(i) A statement that failure to appear at a hearing
requested for the purpose of contesting the determination or
for the purpose of explaining mitigating circumstances will
result in the suspension of the person's driver's license or
driving privilege, or in the case of a standing, stopping, or
parking violation, refusal of the department to renew the
vehicle license, until any penalties imposed pursuant to this
chapter have been satisfied;
(j) A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of
the ways provided in this chapter. [1993 c 501 § 9; 1984 c
224 § 2; 1982 1st ex.s. c 14 § 2; 1980 c 128 § 1; 1979 ex.s. c
136 § 8.]
Severability—Effective date—1984 c 224: See notes following RCW
46.16.216.
Effective date—1982 1st ex.s. c 14: "This act shall take effect on July
1, 1984, and shall apply to violations of traffic laws committed on or after
July 1, 1984." [1982 1st ex.s. c 14 § 7.]
Severability—1982 1st ex.s. c 14: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 14 § 6.]
Effective date—1980 c 128: "Sections 1 through 8 and 10 through 16
of this act shall take effect on January 1, 1981, and shall apply to violations
[Title 46 RCW—page 246]
of the traffic laws committed on or after January 1, 1981. Section 9 of this act
is necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately." [1980 c 128 § 18.]
Severability—1980 c 128: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1980 c 128 § 17.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.070
46.63.070 Response to notice—Contesting determination—Hearing—Failure to respond or appear. (Effective until July 1, 2005.) (1) Any person who receives a notice
of traffic infraction shall respond to such notice as provided
in this section within fifteen days of the date of the notice.
(2) If the person determined to have committed the
infraction does not contest the determination the person shall
respond by completing the appropriate portion of the notice
of infraction and submitting it, either by mail or in person, to
the court specified on the notice. A check or money order in
the amount of the penalty prescribed for the infraction must
be submitted with the response. When a response which does
not contest the determination is received, an appropriate
order shall be entered in the court's records, and a record of
the response and order shall be furnished to the department in
accordance with RCW 46.20.270.
(3) If the person determined to have committed the
infraction wishes to contest the determination the person
shall respond by completing the portion of the notice of
infraction requesting a hearing and submitting it, either by
mail or in person, to the court specified on the notice. The
court shall notify the person in writing of the time, place, and
date of the hearing, and that date shall not be sooner than
seven days from the date of the notice, except by agreement.
(4) If the person determined to have committed the
infraction does not contest the determination but wishes to
explain mitigating circumstances surrounding the infraction
the person shall respond by completing the portion of the
notice of infraction requesting a hearing for that purpose and
submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing
of the time, place, and date of the hearing.
(5)(a) In hearings conducted pursuant to subsections (3)
and (4) of this section, the court may defer findings, or in a
hearing to explain mitigating circumstances may defer entry
of its order, for up to one year and impose conditions upon
the defendant the court deems appropriate. Upon deferring
findings, the court may assess costs as the court deems appropriate for administrative processing. If at the end of the deferral period the defendant has met all conditions and has not
been determined to have committed another traffic infraction,
the court may dismiss the infraction.
(b) A person may not receive more than one deferral
within a seven-year period for traffic infractions for moving
violations and more than one deferral within a seven-year
period for traffic infractions for nonmoving violations.
(6) If any person issued a notice of traffic infraction:
(a) Fails to respond to the notice of traffic infraction as
provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section;
(2004 Ed.)
Disposition of Traffic Infractions
the court shall enter an appropriate order assessing the monetary penalty prescribed for the traffic infraction and any other
penalty authorized by this chapter and shall notify the department in accordance with RCW 46.20.270, of the failure to
respond to the notice of infraction or to appear at a requested
hearing. [2000 c 110 § 1; 1993 c 501 § 10; 1984 c 224 § 3;
1982 1st ex.s. c 14 § 3; 1980 c 128 § 2; 1979 ex.s. c 136 § 9.]
Severability—Effective date—1984 c 224: See notes following RCW
46.16.216.
Effective date—Severability—1982 1st ex.s. c 14: See notes following RCW 46.63.060.
Effective date—Severability—1980 c 128: See notes following RCW
46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.070
46.63.070 Response to notice—Contesting determination—Hearing—Failure to respond or appear. (Effective July 1, 2005.) (1) Any person who receives a notice of
traffic infraction shall respond to such notice as provided in
this section within fifteen days of the date of the notice.
(2) If the person determined to have committed the
infraction does not contest the determination the person shall
respond by completing the appropriate portion of the notice
of infraction and submitting it, either by mail or in person, to
the court specified on the notice. A check or money order in
the amount of the penalty prescribed for the infraction must
be submitted with the response. When a response which does
not contest the determination is received, an appropriate
order shall be entered in the court's records, and a record of
the response and order shall be furnished to the department in
accordance with RCW 46.20.270.
(3) If the person determined to have committed the
infraction wishes to contest the determination the person
shall respond by completing the portion of the notice of
infraction requesting a hearing and submitting it, either by
mail or in person, to the court specified on the notice. The
court shall notify the person in writing of the time, place, and
date of the hearing, and that date shall not be sooner than
seven days from the date of the notice, except by agreement.
(4) If the person determined to have committed the
infraction does not contest the determination but wishes to
explain mitigating circumstances surrounding the infraction
the person shall respond by completing the portion of the
notice of infraction requesting a hearing for that purpose and
submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing
of the time, place, and date of the hearing.
(5)(a) Except as provided in (b) and (c) of this subsection, in hearings conducted pursuant to subsections (3) and
(4) of this section, the court may defer findings, or in a hearing to explain mitigating circumstances may defer entry of its
order, for up to one year and impose conditions upon the
defendant the court deems appropriate. Upon deferring findings, the court may assess costs as the court deems appropriate for administrative processing. If at the end of the deferral
period the defendant has met all conditions and has not been
determined to have committed another traffic infraction, the
court may dismiss the infraction.
(b) A person may not receive more than one deferral
within a seven-year period for traffic infractions for moving
(2004 Ed.)
46.63.080
violations and more than one deferral within a seven-year
period for traffic infractions for nonmoving violations.
(c) A person who is the holder of a commercial driver's
license may not receive a deferral under this section.
(6) If any person issued a notice of traffic infraction:
(a) Fails to respond to the notice of traffic infraction as
provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section;
the court shall enter an appropriate order assessing the monetary penalty prescribed for the traffic infraction and any other
penalty authorized by this chapter and shall notify the department in accordance with RCW 46.20.270, of the failure to
respond to the notice of infraction or to appear at a requested
hearing. [2004 c 187 § 10; 2000 c 110 § 1; 1993 c 501 § 10;
1984 c 224 § 3; 1982 1st ex.s. c 14 § 3; 1980 c 128 § 2; 1979
ex.s. c 136 § 9.]
Effective date—2004 c 187 §§ 1, 5, 7, 8, and 10: See note following
RCW 46.20.308.
Severability—Effective date—1984 c 224: See notes following RCW
46.16.216.
Effective date—Severability—1982 1st ex.s. c 14: See notes following RCW 46.63.060.
Effective date—Severability—1980 c 128: See notes following RCW
46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.075
46.63.075 Toll evasion—Presumption. (1) In a traffic
infraction case involving an infraction detected through the
use of a photo enforcement system under RCW 46.63.160,
proof that the particular vehicle described in the notice of
traffic infraction was in violation of any such provision of
RCW 46.63.160, together with proof that the person named
in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption that the registered owner of
the vehicle was the person in control of the vehicle at the
point where, and for the time during which, the violation
occurred.
(2) This presumption may be overcome only if the registered owner states, under oath, in a written statement to the
court or in testimony before the court that the vehicle
involved was, at the time, stolen or in the care, custody, or
control of some person other than the registered owner.
[2004 c 231 § 3.]
46.63.080
46.63.080 Hearings—Rules of procedure—Counsel.
(1) Procedures for the conduct of all hearings provided for in
this chapter may be established by rule of the supreme court.
(2) Any person subject to proceedings under this chapter
may be represented by counsel.
(3) The attorney representing the state, county, city, or
town may appear in any proceedings under this chapter but
need not appear, notwithstanding any statute or rule of court
to the contrary. [1981 c 19 § 2; 1979 ex.s. c 136 § 10.]
Severability—1981 c 19: See note following RCW 46.63.020.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
[Title 46 RCW—page 247]
46.63.090
Title 46 RCW: Motor Vehicles
46.63.090
46.63.090 Hearings—Contesting determination that
infraction committed—Appeal. (1) A hearing held for the
purpose of contesting the determination that an infraction has
been committed shall be without a jury.
(2) The court may consider the notice of traffic infraction
and any other written report made under oath submitted by
the officer who issued the notice or whose written statement
was the basis for the issuance of the notice in lieu of the
officer's personal appearance at the hearing. The person
named in the notice may subpoena witnesses, including the
officer, and has the right to present evidence and examine
witnesses present in court.
(3) The burden of proof is upon the state to establish the
commission of the infraction by a preponderance of the evidence.
(4) After consideration of the evidence and argument the
court shall determine whether the infraction was committed.
Where it has not been established that the infraction was
committed an order dismissing the notice shall be entered in
the court's records. Where it has been established that the
infraction was committed an appropriate order shall be
entered in the court's records. A record of the court's determination and order shall be furnished to the department in
accordance with RCW 46.20.270 as now or hereafter
amended.
(5) An appeal from the court's determination or order
shall be to the superior court. The decision of the superior
court is subject only to discretionary review pursuant to Rule
2.3 of the Rules of Appellate Procedure. [1980 c 128 § 3;
1979 ex.s. c 136 § 11.]
Effective date—Severability—1980 c 128: See notes following RCW
46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.100
46.63.100 Hearings—Explanation of mitigating circumstances. (1) A hearing held for the purpose of allowing
a person to explain mitigating circumstances surrounding the
commission of an infraction shall be an informal proceeding.
The person may not subpoena witnesses. The determination
that an infraction has been committed may not be contested at
a hearing held for the purpose of explaining mitigating circumstances.
(2) After the court has heard the explanation of the circumstances surrounding the commission of the infraction an
appropriate order shall be entered in the court's records. A
record of the court's determination and order shall be furnished to the department in accordance with RCW 46.20.270
as now or hereafter amended.
(3) There may be no appeal from the court's determination or order. [1979 ex.s. c 136 § 12.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.110
46.63.110 Monetary penalties. (1) A person found to
have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty
dollars for each offense unless authorized by this chapter or
title.
(2) The monetary penalty for a violation of RCW
46.55.105(2) is two hundred fifty dollars for each offense.
[Title 46 RCW—page 248]
No penalty assessed under this subsection (2) may be
reduced.
(3) The supreme court shall prescribe by rule a schedule
of monetary penalties for designated traffic infractions. This
rule shall also specify the conditions under which local courts
may exercise discretion in assessing fines and penalties for
traffic infractions. The legislature respectfully requests the
supreme court to adjust this schedule every two years for
inflation.
(4) There shall be a penalty of twenty-five dollars for
failure to respond to a notice of traffic infraction except
where the infraction relates to parking as defined by local
law, ordinance, regulation, or resolution or failure to pay a
monetary penalty imposed pursuant to this chapter. A local
legislative body may set a monetary penalty not to exceed
twenty-five dollars for failure to respond to a notice of traffic
infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a
municipal, police, or district court, shall impose the monetary
penalty set by the local legislative body.
(5) Monetary penalties provided for in chapter 46.70
RCW which are civil in nature and penalties which may be
assessed for violations of chapter 46.44 RCW relating to size,
weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be
imposed pursuant to this chapter.
(6) Whenever a monetary penalty is imposed by a court
under this chapter it is immediately payable. If the person is
unable to pay at that time the court may, in its discretion,
grant an extension of the period in which the penalty may be
paid. If the penalty is not paid on or before the time established for payment the court shall notify the department of the
failure to pay the penalty, and the department shall suspend
the person's driver's license or driving privilege until the penalty has been paid and the penalty provided in subsection (4)
of this section has been paid.
(7) In addition to any other penalties imposed under this
section and not subject to the limitation of subsection (1) of
this section, a person found to have committed a traffic
infraction shall be assessed a fee of five dollars per infraction.
Under no circumstances shall this fee be reduced or waived.
Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and
trauma care system trust account under RCW 70.168.040.
(8)(a) In addition to any other penalties imposed under
this section and not subject to the limitation of subsection (1)
of this section, a person found to have committed a traffic
infraction other than of RCW 46.61.527 shall be assessed an
additional penalty of twenty dollars. The court may not
reduce, waive, or suspend the additional penalty unless the
court finds the offender to be indigent. If a community restitution program for offenders is available in the jurisdiction,
the court shall allow offenders to offset all or a part of the
penalty due under this subsection (8) by participation in the
community restitution program.
(b) Eight dollars and fifty cents of the additional penalty
under (a) of this subsection shall be remitted to the state treasurer. The remaining revenue from the additional penalty
must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82,
and 35.20 RCW. Money remitted under this subsection to the
state treasurer must be deposited as provided in RCW
(2004 Ed.)
Disposition of Traffic Infractions
43.08.250. The balance of the revenue received by the
county or city treasurer under this subsection must be deposited into the county or city current expense fund. Moneys
retained by the city or county under this subsection shall constitute reimbursement for any liabilities under RCW
43.135.060. [2003 c 380 § 2. Prior: 2002 c 279 § 15; 2002
c 175 § 36; 2001 c 289 § 2; 1997 c 331 § 3; 1993 c 501 § 11;
1986 c 213 § 2; 1984 c 258 § 330; prior: 1982 1st ex.s. c 14
§ 4; 1982 1st ex.s. c 12 § 1; 1982 c 10 § 13; prior: 1981 c 330
§ 7; 1981 c 19 § 6; 1980 c 128 § 4; 1979 ex.s. c 136 § 13.]
Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective date—1997 c 331: See note following RCW 70.168.135.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Effective date—Severability—1982 1st ex.s. c 14: See notes following RCW 46.63.060.
46.63.160
ing to the stopping, standing, or parking of a vehicle, proof
that the particular vehicle described in the notice of traffic
infraction was stopping, standing, or parking in violation of
any such provision of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, together with proof that the person named in the notice
of traffic infraction was at the time of the violation the registered owner of the vehicle, shall constitute in evidence a
prima facie presumption that the registered owner of the
vehicle was the person who parked or placed the vehicle at
the point where, and for the time during which, the violation
occurred.
(2) The foregoing stated presumption shall apply only
when the procedure prescribed in RCW 46.63.030(3) has
been followed. [1980 c 128 § 11.]
Effective date—Severability—1980 c 128: See notes following RCW
46.63.060.
46.63.151
Severability—1982 c 10: See note following RCW 6.13.080.
Severability—1981 c 330: See note following RCW 3.62.060.
Severability—1981 c 19: See note following RCW 46.63.020.
Effective date—Severability—1980 c 128: See notes following RCW
46.63.060.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.151 Costs and attorney fees. Each party to a
traffic infraction case is responsible for costs incurred by that
party. No costs or attorney fees may be awarded to either
party in a traffic infraction case, except as provided for in
RCW 46.30.020(2). [1991 sp.s. c 25 § 3; 1981 c 19 § 4.]
Severability—1981 c 19: See note following RCW 46.63.020.
46.63.160
Additional statutory assessments: RCW 3.62.090.
46.63.120
46.63.120 Order of court—Civil nature—Waiver,
reduction, suspension of penalty—Community restitution. (1) An order entered after the receipt of a response
which does not contest the determination, or after it has been
established at a hearing that the infraction was committed, or
after a hearing for the purpose of explaining mitigating circumstances is civil in nature.
(2) The court may include in the order the imposition of
any penalty authorized by the provisions of this chapter for
the commission of an infraction. The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person's request the court
may order performance of a number of hours of community
restitution in lieu of a monetary penalty, at the rate of the then
state minimum wage per hour. [2002 c 175 § 37; 1979 ex.s.
c 136 § 14.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.63.130
46.63.130 Issue of process by court of limited jurisdiction. Notwithstanding any other provisions of law governing service of process in civil cases, a court of limited
jurisdiction having jurisdiction over an alleged traffic infraction may issue process anywhere within the state. [1980 c
128 § 5.]
Effective date—Severability—1980 c 128: See notes following RCW
46.63.060.
46.63.140
46.63.140 Presumption regarding stopped, standing,
or parked vehicles. (1) In any traffic infraction case involving a violation of this title or equivalent administrative regulation or local law, ordinance, regulation, or resolution relat(2004 Ed.)
46.63.160 Electronic toll collection, photo enforcement. (1) This section applies only to traffic infractions
issued under RCW 46.61.690 for toll collection evasion.
(2) Nothing in this section prohibits a law enforcement
officer from issuing a notice of traffic infraction to a person
in control of a vehicle at the time a violation occurs under
RCW 46.63.030(1) (a), (b), or (c).
(3) Toll collection systems include manual cash collection, electronic toll collection, and photo enforcement systems.
(4) "Electronic toll collection system" means a system of
collecting tolls or charges that is capable of charging the
account of the toll patron the appropriate toll or charge by
electronic transmission from the motor vehicle to the toll collection system, which information is used to charge the
appropriate toll or charge to the patron's account.
(5) "Photo enforcement system" means a vehicle sensor
installed to work in conjunction with an electronic toll collection system that automatically produces one or more photographs, one or more microphotographs, a videotape, or other
recorded images of a vehicle operated in violation of an
infraction under this chapter.
(6) The use of a toll collection system is subject to the
following requirements:
(a) The department of transportation shall adopt rules
that allow an open standard for automatic vehicle identification transponders used for electronic toll collection to be
compatible with other electronic payment devices or transponders from the Washington state ferry system, other public transportation systems, or other toll collection systems to
the extent that technology permits. The rules must also allow
for multiple vendors providing electronic payment devices or
transponders as technology permits.
(b) The department of transportation may not sell, distribute, or make available in any way, the names and
[Title 46 RCW—page 249]
Chapter 46.64
Title 46 RCW: Motor Vehicles
addresses of electronic toll collection system account holders.
(7) The use of a photo enforcement system for issuance
of notices of infraction is subject to the following requirements:
(a) Photo enforcement systems may take photographs,
digital photographs, microphotographs, videotapes, or other
recorded images of the vehicle and vehicle license plate only.
(b) A notice of infraction must be mailed to the registered owner of the vehicle or to the renter of a vehicle within
sixty days of the violation. The law enforcement officer issuing the notice of infraction shall include with it a certificate or
facsimile thereof, based upon inspection of photographs,
microphotographs, videotape, or other recorded images produced by a photo enforcement system, stating the facts supporting the notice of infraction. This certificate or facsimile
is prima facie evidence of the facts contained in it and is
admissible in a proceeding charging a violation under this
chapter. The photographs, digital photographs, microphotographs, videotape, or other recorded images evidencing the
violation must be available for inspection and admission into
evidence in a proceeding to adjudicate the liability for the
infraction.
(c) Notwithstanding any other provision of law, all photographs, digital photographs, microphotographs, videotape,
or other recorded images prepared under this chapter are for
the exclusive use of the tolling agency and law enforcement
in the discharge of duties under this section and are not open
to the public and may not be used in a court in a pending
action or proceeding unless the action or proceeding relates
to a violation under this chapter. No photograph, digital photograph, microphotograph, videotape, or other recorded
image may be used for any purpose other than enforcement of
violations under this chapter nor retained longer than necessary to enforce this chapter or verify that tolls are paid.
(d) All locations where a photo enforcement system is
used must be clearly marked by placing signs in locations that
clearly indicate to a driver that he or she is entering a zone
where traffic laws are enforced by a photo enforcement system.
(8) Infractions detected through the use of photo enforcement systems are not part of the registered owner's driving
record under RCW 46.52.101 and 46.52.120.
(9) If the registered owner of the vehicle is a rental car
business the department of transportation or a law enforcement agency shall, before a notice of infraction being issued
under this section, provide a written notice to the rental car
business that a notice of infraction may be issued to the rental
car business if the rental car business does not, within eighteen days of the mailing of the written notice, provide to the
issuing agency by return mail:
(a) A statement under oath stating the name and known
mailing address of the individual driving or renting the vehicle when the infraction occurred; or
(b) A statement under oath that the business is unable to
determine who was driving or renting the vehicle at the time
the infraction occurred; or
(c) In lieu of identifying the vehicle operator, the rental
car business may pay the applicable toll and fee.
Timely mailing of this statement to the issuing law
enforcement agency relieves a rental car business of any lia[Title 46 RCW—page 250]
bility under this chapter for the notice of infraction. [2004 c
231 § 6.]
Chapter 46.64
Chapter 46.64 RCW
ENFORCEMENT
Sections
46.64.010
46.64.015
46.64.018
46.64.025
46.64.030
46.64.035
46.64.040
46.64.048
46.64.050
46.64.055
46.64.060
46.64.070
Traffic citations—Record of—Cancellation prohibited—Penalty—Citation audit.
Citation and notice to appear in court—Issuance—Contents—
Written promise—Arrest—Detention.
Arrest without warrant for certain traffic offenses.
Failure to appear—Notice to department.
Procedure governing arrest and prosecution.
Posting of security or bail by nonresident—Penalty.
Nonresident's use of highways—Resident leaving state—Secretary of state as attorney in fact.
Attempting, aiding, abetting, coercing, committing violations,
punishable.
General penalty.
Additional monetary penalty.
Stopping motor vehicles for driver's license check, vehicle
inspection and test—Purpose.
Stopping motor vehicles for driver's license check, vehicle
inspection and test—Authorized—Powers additional.
46.64.010
46.64.010 Traffic citations—Record of—Cancellation prohibited—Penalty—Citation audit. (1) Every traffic enforcement agency in this state shall provide in appropriate form traffic citations containing notices to appear which
shall be issued in books with citations in quadruplicate and
meeting the requirements of this section, or issued by an electronic device capable of producing a printed copy and electronic copies of the citations. The chief administrative officer
of every such traffic enforcement agency shall be responsible
for the issuance of such books or electronic devices and shall
maintain a record of every such book and each citation contained therein and every such electronic device issued to individual members of the traffic enforcement agency and shall
require and retain a receipt for every book and electronic
device so issued.
(2) Every traffic enforcement officer upon issuing a traffic citation to an alleged violator of any provision of the
motor vehicle laws of this state or of any traffic ordinance of
any city or town shall deposit the original or a printed or electronic copy of such traffic citation with a court having competent jurisdiction over the alleged offense or with its traffic
violations bureau. Upon the deposit of the original or a copy
of such traffic citation with a court having competent jurisdiction over the alleged offense or with its traffic violations
bureau as aforesaid, the original or copy of such traffic citation may be disposed of only by trial in the court or other official action by a judge of the court, including forfeiture of the
bail or by the deposit of sufficient bail with or payment of a
fine to the traffic violations bureau by the person to whom
such traffic citation has been issued by the traffic enforcement officer.
(3) It shall be unlawful and official misconduct for any
traffic enforcement officer or other officer or public
employee to dispose of a traffic citation or copies thereof or
of the record of the issuance of the same in a manner other
than as required in this section.
(4) The chief administrative officer of every traffic
enforcement agency shall require the return to him or her of a
printed or electronic copy of every traffic citation issued by
(2004 Ed.)
Enforcement
an officer under his or her supervision to an alleged violator
of any traffic law or ordinance and of all copies of every traffic citation which has been spoiled or upon which any entry
has been made and not issued to an alleged violator. Such
chief administrative officer shall also maintain or cause to be
maintained in connection with every traffic citation issued by
an officer under his or her supervision a record of the disposition of the charge by the court or its traffic violations bureau
in which the original or copy of the traffic citation was deposited.
(5) Any person who cancels or solicits the cancellation
of any traffic citation, in any manner other than as provided
in this section, is guilty of a misdemeanor.
(6) Every record of traffic citations required in this section shall be audited monthly by the appropriate fiscal officer
of the government agency to which the traffic enforcement
agency is responsible. [2004 c 43 § 4; 2003 c 53 § 247; 1961
c 12 § 46.64.010. Prior: 1949 c 196 § 16; 1937 c 189 § 145;
Rem. Supp. 1949 § 6360-145.]
Effective date—2004 c 43: See note following RCW 7.80.150.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.64.015
46.64.015 Citation and notice to appear in court—
Issuance—Contents—Written promise—Arrest—Detention. Whenever any person is arrested for any violation of
the traffic laws or regulations which is punishable as a misdemeanor or by imposition of a fine, the arresting officer may
serve upon him or her a traffic citation and notice to appear in
court. Such citation and notice shall conform to the requirements of RCW 46.64.010, and in addition, shall include
spaces for the name and address of the person arrested, the
license number of the vehicle involved, the driver's license
number of such person, if any, the offense or violation
charged, the time and place where such person shall appear in
court, and a place where the person arrested may sign. Such
spaces shall be filled with the appropriate information by the
arresting officer. The arrested person, in order to secure
release, and when permitted by the arresting officer, must
give his or her written promise to appear in court as required
by the citation and notice by signing in the appropriate place
the written or electronic citation and notice served by the
arresting officer, and if the arrested person is a nonresident of
the state, shall also post a bond, cash security, or bail as
required under RCW 46.64.035. An officer may not serve or
issue any traffic citation or notice for any offense or violation
except either when the offense or violation is committed in
his or her presence or when a person may be arrested pursuant to RCW 10.31.100, as now or hereafter amended. The
detention arising from an arrest under this section may not be
for a period of time longer than is reasonably necessary to
issue and serve a citation and notice, except that the time limitation does not apply under any of the following circumstances:
(1) Where the arrested person refuses to sign a written
promise to appear in court as required by the citation and
notice provisions of this section;
(2) Where the arresting officer has probable cause to
believe that the arrested person has committed any of the
offenses enumerated in RCW 10.31.100(3), as now or hereafter amended;
(2004 Ed.)
46.64.040
(3) When the arrested person is a nonresident and is
being detained for a hearing under RCW 46.64.035. [2004 c
43 § 5; 1987 c 345 § 2; 1985 c 303 § 11; 1979 ex.s. c 28 § 2;
1975-'76 2nd ex.s. c 95 § 2; 1975 c 56 § 1; 1967 c 32 § 70;
1961 c 12 § 46.64.015. Prior: 1951 c 175 § 1.]
Effective date—2004 c 43: See note following RCW 7.80.150.
46.64.018
46.64.018 Arrest without warrant for certain traffic
offenses. See RCW 10.31.100.
46.64.025
46.64.025 Failure to appear—Notice to department.
Whenever any person violates his or her written promise to
appear in court, or fails to appear for a scheduled court hearing, the court in which the defendant failed to appear shall
promptly give notice of such fact to the department of licensing. Whenever thereafter the case in which the defendant
failed to appear is adjudicated, the court hearing the case
shall promptly file with the department a certificate showing
that the case has been adjudicated. [1999 c 86 § 7; 1979 c 158
§ 175; 1967 c 32 § 71; 1965 ex.s. c 121 § 23.]
Severability—1965 ex.s. c 121: See RCW 46.20.910.
Purpose—Construction—1965 ex.s. c 121: See note following RCW
46.20.021.
46.64.030
46.64.030 Procedure governing arrest and prosecution. The provisions of this title with regard to the apprehension and arrest of persons violating this title shall govern all
police officers in making arrests without a warrant for violations of this title for offenses either committed in their presence or believed to have been committed based on probable
cause pursuant to RCW 10.31.100, but the procedure prescribed herein shall not otherwise be exclusive of any other
method prescribed by law for the arrest and prosecution of a
person for other like offenses. [1979 ex.s. c 28 § 3; 1975 c 56
§ 2; 1967 c 32 § 72; 1961 c 12 § 46.64.030. Prior: 1937 c 189
§ 147; RRS § 6360-147.]
46.64.035
46.64.035 Posting of security or bail by nonresident—Penalty. Any nonresident of the state of Washington
who is issued a notice of infraction or a citation for a traffic
offense may be required to post either a bond or cash security
in the amount of the infraction penalty or to post bail. The
court shall by January 1, 1990, accept, in lieu of bond or cash
security, valid major credit cards issued by a bank or other
financial institution or automobile club card guaranteed by an
insurance company licensed to conduct business in the state.
If payment is made by credit card the court is authorized to
impose, in addition to any penalty or fine, an amount equal to
the charge to the court for accepting such cards. If the person
cannot post the bond, cash security, or bail, he or she shall be
taken to a magistrate or judge for a hearing at the first possible working time of the court. If the person refuses to comply
with this section, he or she shall be guilty of a misdemeanor.
This section does not apply to residents of states that have
entered into a reciprocal agreement as outlined in RCW
46.23.020. [1987 c 345 § 3.]
46.64.040
46.64.040 Nonresident's use of highways—Resident
leaving state—Secretary of state as attorney in fact. The
acceptance by a nonresident of the rights and privileges con[Title 46 RCW—page 251]
46.64.048
Title 46 RCW: Motor Vehicles
ferred by law in the use of the public highways of this state,
as evidenced by his or her operation of a vehicle thereon, or
the operation thereon of his or her vehicle with his or her consent, express or implied, shall be deemed equivalent to and
construed to be an appointment by such nonresident of the
secretary of state of the state of Washington to be his or her
true and lawful attorney upon whom may be served all lawful
summons and processes against him or her growing out of
any accident, collision, or liability in which such nonresident
may be involved while operating a vehicle upon the public
highways, or while his or her vehicle is being operated
thereon with his or her consent, express or implied, and such
operation and acceptance shall be a signification of the nonresident's agreement that any summons or process against
him or her which is so served shall be of the same legal force
and validity as if served on the nonresident personally within
the state of Washington. Likewise each resident of this state
who, while operating a motor vehicle on the public highways
of this state, is involved in any accident, collision, or liability
and thereafter at any time within the following three years
cannot, after a due and diligent search, be found in this state
appoints the secretary of state of the state of Washington as
his or her lawful attorney for service of summons as provided
in this section for nonresidents. Service of such summons or
process shall be made by leaving two copies thereof with a
fee established by the secretary of state by rule with the secretary of state of the state of Washington, or at the secretary
of state's office, and such service shall be sufficient and valid
personal service upon said resident or nonresident: PROVIDED, That notice of such service and a copy of the summons or process is forthwith sent by registered mail with
return receipt requested, by plaintiff to the defendant at the
last known address of the said defendant, and the plaintiff's
affidavit of compliance herewith are appended to the process,
together with the affidavit of the plaintiff's attorney that the
attorney has with due diligence attempted to serve personal
process upon the defendant at all addresses known to him or
her of defendant and further listing in his or her affidavit the
addresses at which he or she attempted to have process
served. However, if process is forwarded by registered mail
and defendant's endorsed receipt is received and entered as a
part of the return of process then the foregoing affidavit of
plaintiff's attorney need only show that the defendant
received personal delivery by mail: PROVIDED FURTHER, That personal service outside of this state in accordance with the provisions of law relating to personal service
of summons outside of this state shall relieve the plaintiff
from mailing a copy of the summons or process by registered
mail as hereinbefore provided. The secretary of state shall
forthwith send one of such copies by mail, postage prepaid,
addressed to the defendant at the defendant's address, if
known to the secretary of state. The court in which the action
is brought may order such continuances as may be necessary
to afford the defendant reasonable opportunity to defend the
action. The fee paid by the plaintiff to the secretary of state
shall be taxed as part of his or her costs if he or she prevails
in the action. The secretary of state shall keep a record of all
such summons and processes, which shall show the day of
service. [2003 c 223 § 1; 1993 c 269 § 16; 1982 c 35 § 197;
1973 c 91 § 1; 1971 ex.s. c 69 § 1; 1961 c 12 § 46.64.040.
[Title 46 RCW—page 252]
Prior: 1959 c 121 § 1; 1957 c 75 § 1; 1937 c 189 § 129; RRS
§ 6360-129.]
Rules of court: Cf. CR 12(a).
Effective date—1993 c 269: See note following RCW 23.86.070.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Deposit of fees in secretary of state's revolving fund: RCW 43.07.130.
46.64.048
46.64.048 Attempting, aiding, abetting, coercing,
committing violations, punishable. Every person who
commits, attempts to commit, conspires to commit, or aids or
abets in the commission of any act declared by this title to be
a traffic infraction or a crime, whether individually or in connection with one or more other persons or as principal, agent,
or accessory, shall be guilty of such offense, and every person
who falsely, fraudulently, forcefully, or willfully induces,
causes, coerces, requires, permits or directs others to violate
any provisions of this title is likewise guilty of such offense.
[1990 c 250 § 60; 1961 c 12 § 46.56.210. Prior: 1937 c 189 §
149; RRS § 6360-149. Formerly RCW 46.61.695.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.64.050
46.64.050 General penalty. It is a traffic infraction for
any person to violate any of the provisions of this title unless
violation is by this title or other law of this state declared to
be a felony, a gross misdemeanor, or a misdemeanor.
Unless another penalty is in this title provided, every person convicted of a misdemeanor for violation of any provisions of this title shall be punished accordingly. [1979 ex.s. c
136 § 93; 1975-'76 2nd ex.s. c 95 § 3; 1961 c 12 § 46.64.050.
Prior: (i) 1937 c 189 § 150; RRS § 6360-150; 1927 c 309 §
53; RRS § 6362-53. (ii) 1937 c 188 § 82; RRS § 6312-82;
1921 c 108 § 16; RRS § 6378.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
46.64.055
46.64.055 Additional monetary penalty. (1) In addition to any other penalties imposed for conviction of a violation of this title that is a misdemeanor, gross misdemeanor, or
felony, the court shall impose an additional penalty of fifty
dollars. The court may not reduce, waive, or suspend the
additional penalty unless the court finds the offender to be
indigent. If a community restitution program for offenders is
available in the jurisdiction, the court shall allow offenders to
offset all or a part of the penalty due under this section by participation in the community restitution program.
(2) Revenue from the additional penalty must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20
RCW. Money remitted under this section to the state treasurer must be deposited as provided in RCW 43.08.250. The
balance of the revenue received by the county or city treasurer under this section must be deposited into the county or
city current expense fund. Moneys retained by the city or
county under this subsection shall constitute reimbursement
for any liabilities under RCW 43.135.060. [2002 c 175 § 38;
2001 c 289 § 3.]
Effective date—2002 c 175: See note following RCW 7.80.130.
46.64.060
46.64.060 Stopping motor vehicles for driver's
license check, vehicle inspection and test—Purpose. The
(2004 Ed.)
Washington Habitual Traffic Offenders Act
purpose of RCW 46.64.060 and 46.64.070 is to provide for
the exercise of the police power of this state to protect the
health and safety of its citizens by assuring that only qualified
drivers and vehicles which meet minimum equipment standards shall operate upon the highways of this state. [1967 c
144 § 1.]
Severability—1967 c 144: "If any provision, clause or word of this act
or application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of this act which
can be given effect without the invalid provision of application, and to this
end the provisions of this act are declared to be severable." [1967 c 144 § 3.]
46.65.020
orders of her courts and the statutorily required acts of her
administrative agencies; and
(3) To discourage repetition of criminal acts by individuals against the peace and dignity of the state and her political
subdivisions and to impose increased and added deprivation
of the privilege to operate motor vehicles upon habitual
offenders who have been convicted repeatedly of violations
of traffic laws. [1971 ex.s. c 284 § 3.]
Severability—1971 ex.s. c 284: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 284 § 17.]
46.64.070
46.64.070 Stopping motor vehicles for driver's
license check, vehicle inspection and test—Authorized—
Powers additional. To carry out the purpose of RCW
46.64.060 and 46.64.070, officers of the Washington state
patrol are hereby empowered during daylight hours and while
using plainly marked state patrol vehicles to require the
driver of any motor vehicle being operated on any highway of
this state to stop and display his or her driver's license and/or
to submit the motor vehicle being driven by such person to an
inspection and test to ascertain whether such vehicle complies with the minimum equipment requirements prescribed
by chapter 46.37 RCW, as now or hereafter amended. No
criminal citation shall be issued for a period of ten days after
giving a warning ticket pointing out the defect.
The powers conferred by RCW 46.64.060 and 46.64.070
are in addition to all other powers conferred by law upon such
officers, including but not limited to powers conferred upon
them as police officers pursuant to RCW 46.20.349 and powers conferred by chapter 46.32 RCW. [1999 c 6 § 26; 1973
2nd ex.s. c 22 § 1; 1967 c 144 § 2.]
Intent—1999 c 6: See note following RCW 46.04.168.
Severability—1967 c 144: See note following RCW 46.64.060.
Chapter 46.65
Chapter 46.65 RCW
WASHINGTON HABITUAL TRAFFIC
OFFENDERS ACT
Sections
46.65.010
46.65.020
46.65.030
46.65.060
46.65.065
46.65.070
46.65.080
46.65.100
46.65.900
46.65.910
46.65.010
State policy enunciated.
Habitual offender defined.
Transcript or abstract of conviction record certified—As prima
facie evidence.
Department findings—Revocation of license—Stay by department.
Revocation of habitual offender's license—Request for hearing, scope—Right to appeal.
Period during which habitual offender not to be issued license.
Four-year petition for license restoration—Reinstatement of
driving privilege.
Seven-year petition for license restoration—Reinstatement of
driving privilege.
Construction—Chapter supplemental.
Short title.
46.65.010 State policy enunciated. It is hereby
declared to be the policy of the state of Washington:
(1) To provide maximum safety for all persons who
travel or otherwise use the public highways of this state; and
(2) To deny the privilege of operating motor vehicles on
such highways to persons who by their conduct and record
have demonstrated their indifference for the safety and welfare of others and their disrespect for the laws of the state, the
(2004 Ed.)
46.65.020
46.65.020 Habitual offender defined. As used in this
chapter, unless a different meaning is plainly required by the
context, an habitual offender means any person, resident or
nonresident, who has accumulated convictions or findings
that the person committed a traffic infraction as defined in
RCW 46.20.270, or, if a minor, has violations recorded with
the department of licensing, for separate and distinct offenses
as described in either subsection (1) or (2) below committed
within a five-year period, as evidenced by the records maintained in the department of licensing: PROVIDED, That
where more than one described offense is committed within a
six-hour period such multiple offenses shall, on the first such
occasion, be treated as one offense for the purposes of this
chapter:
(1) Three or more convictions, singularly or in combination, of the following offenses:
(a) Vehicular homicide as defined in RCW 46.61.520;
(b) Vehicular assault as defined in RCW 46.61.522;
(c) Driving or operating a motor vehicle while under the
influence of intoxicants or drugs;
(d) Driving a motor vehicle while his or her license, permit, or privilege to drive has been suspended or revoked as
defined in RCW 46.20.342(1)(b);
(e) Failure of the driver of any vehicle involved in an
accident resulting in the injury or death of any person or damage to any vehicle which is driven or attended by any person
to immediately stop such vehicle at the scene of such accident
or as close thereto as possible and to forthwith return to and
in every event remain at, the scene of such accident until he
has fulfilled the requirements of RCW 46.52.020;
(f) Reckless driving as defined in RCW 46.61.500;
(g) Being in physical control of a motor vehicle while
under the influence of intoxicating liquor or any drug as
defined in RCW 46.61.504; or
(h) Attempting to elude a pursuing police vehicle as
defined in RCW 46.61.024;
(2) Twenty or more convictions or findings that the person committed a traffic infraction for separate and distinct
offenses, singularly or in combination, in the operation of a
motor vehicle that are required to be reported to the department of licensing other than the offenses of driving with an
expired driver's license and not having a driver's license in
the operator's immediate possession. Such convictions or
findings shall include those for offenses enumerated in subsection (1) of this section when taken with and added to those
offenses described herein but shall not include convictions or
findings for any nonmoving violation. No person may be
considered an habitual offender under this subsection unless
[Title 46 RCW—page 253]
46.65.030
Title 46 RCW: Motor Vehicles
at least three convictions have occurred within the three hundred sixty-five days immediately preceding the last conviction.
The offenses included in subsections (1) and (2) of this
section are deemed to include offenses under any valid town,
city, or county ordinance substantially conforming to the provisions cited in subsections (1) and (2) or amendments
thereto, and any federal law, or any law of another state,
including subdivisions thereof, substantially conforming to
the aforesaid state statutory provisions. [1991 c 293 § 7;
1983 c 164 § 7; 1981 c 188 § 1; 1979 ex.s. c 136 § 94; 1979 c
62 § 1; 1971 ex.s. c 284 § 4.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1979 c 62: "If any provision of this 1979 act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1979 c 62 § 8.]
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.030
46.65.030 Transcript or abstract of conviction record
certified—As prima facie evidence. The director of the
department of licensing shall certify a transcript or abstract of
the record of convictions and findings of traffic infractions as
maintained by the department of licensing of any person
whose record brings him or her within the definition of an
habitual offender, as defined in RCW 46.65.020, to the hearing officer appointed in the event a hearing is requested. Such
transcript or abstract may be admitted as evidence in any
hearing or court proceeding and shall be prima facie evidence
that the person named therein was duly convicted by the court
wherein such conviction or holding was made of each offense
shown by such transcript or abstract; and if such person
denies any of the facts as stated therein, he or she shall have
the burden of proving that such fact is untrue. [1983 c 209 §
1; 1979 ex.s. c 136 § 95; 1979 c 62 § 2; 1971 ex.s. c 284 § 5.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Severability—1979 c 62: See note following RCW 46.65.020.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.060
46.65.060 Department findings—Revocation of
license—Stay by department. If the department finds that
such person is not an habitual offender under this chapter, the
proceeding shall be dismissed, but if the department finds
that such person is an habitual offender, the department shall
revoke the operator's license for a period of seven years:
PROVIDED, That the department may stay the date of the
revocation if it finds that the traffic offenses upon which it is
based were caused by or are the result of alcoholism and/or
drug addiction as evaluated by a program approved by the
department of social and health services, and that since his or
her last offense he or she has undertaken and followed a
course of treatment for alcoholism and/or drug treatment in a
program approved by the department of social and health services; such stay shall be subject to terms and conditions as are
deemed reasonable by the department. Said stay shall continue as long as there is no further conviction for any of the
offenses listed in RCW 46.65.020(1). Upon a subsequent
conviction for any offense listed in RCW 46.65.020(1) or
violation of any of the terms or conditions of the original stay
[Title 46 RCW—page 254]
order, the stay shall be removed and the department shall
revoke the operator's license for a period of seven years.
[1999 c 274 § 7; 1985 c 101 § 2; 1981 c 188 § 2; 1979 c 62 §
3; 1973 1st ex.s. c 83 § 1; 1971 ex.s. c 284 § 8.]
Severability—1979 c 62: See note following RCW 46.65.020.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.065
46.65.065 Revocation of habitual offender's license—
Request for hearing, scope—Right to appeal. (1) Whenever a person's driving record, as maintained by the department, brings him or her within the definition of an habitual
traffic offender, as defined in RCW 46.65.020, the department shall forthwith notify the person of the revocation in
writing by certified mail at his or her address of record as
maintained by the department. If the person is a nonresident
of this state, notice shall be sent to the person's last known
address. Notices of revocation shall inform the recipient
thereof of his or her right to a formal hearing and specify the
steps which must be taken in order to obtain a hearing. Within
fifteen days after the notice has been given, the person may,
in writing, request a formal hearing. If such a request is not
made within the prescribed time the right to a hearing is
waived. A request for a hearing stays the effectiveness of the
revocation.
(2) Upon receipt of a request for a hearing, the department shall schedule a hearing in the county in which the person making the request resides, and if [the] person is a nonresident of this state, the hearing shall be held in Thurston
county. The department shall give at least ten days notice of
the hearing to the person.
(3) The scope of the hearings provided by this section is
limited to the issues of whether the certified transcripts or
abstracts of the convictions, as maintained by the department,
show that the requisite number of violations have been accumulated within the prescribed period of time as set forth in
RCW 46.65.020 and whether the terms and conditions for
granting stays, as provided in RCW 46.65.060, have been
met.
(4) Upon receipt of the hearing officer's decision, an
aggrieved party may appeal to the superior court of the
county in which he or she resides, or, in the case of a nonresident of this state, in the superior court of Thurston county,
for review of the revocation. Notice of appeal must be filed
within thirty days after receipt of the hearing officer's decision or the right to appeal is waived. Review by the court
shall be de novo and without a jury.
(5) The filing of a notice of appeal does not stay the
effective date of the revocation. [1989 c 337 § 10; 1979 c 62
§ 5.]
Severability—1979 c 62: See note following RCW 46.65.020.
46.65.070
46.65.070 Period during which habitual offender not
to be issued license. No license to operate motor vehicles in
Washington shall be issued to an habitual offender (1) for a
period of seven years from the date of the license revocation
except as provided in RCW 46.65.080, and (2) until the privilege of such person to operate a motor vehicle in this state
has been restored by the department of licensing as provided
in this chapter. [1998 c 214 § 2; 1990 c 250 § 62; 1979 c 62
§ 4; 1971 ex.s. c 284 § 9.]
(2004 Ed.)
Disposition of Revenue
Effective date—1998 c 214: See note following RCW 46.61.5055.
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1979 c 62: See note following RCW 46.65.020.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.080 Four-year petition for license restoration—Reinstatement of driving privilege. At the end of
four years, the habitual offender may petition the department
of licensing for the return of his operator's license and upon
good and sufficient showing, the department of licensing
may, wholly or conditionally, reinstate the privilege of such
person to operate a motor vehicle in this state. [1998 c 214 §
3; 1979 c 158 § 181; 1971 ex.s. c 284 § 10.]
46.65.080
Effective date—1998 c 214: See note following RCW 46.61.5055.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.100 Seven-year petition for license restoration—Reinstatement of driving privilege. At the expiration of seven years from the date of any final order finding a
person to be an habitual offender and directing him not to
operate a motor vehicle in this state, such person may petition
the department of licensing for restoration of his privilege to
operate a motor vehicle in this state. Upon receipt of such
petition, and for good cause shown, the department of licensing shall restore to such person the privilege to operate a
motor vehicle in this state upon such terms and conditions as
the department of licensing may prescribe, subject to the provisions of chapter 46.29 RCW and such other provisions of
law relating to the issuance or revocation of operators'
licenses. [1998 c 214 § 4; 1979 c 158 § 182; 1971 ex.s. c 284
§ 12.]
46.65.100
Effective date—1998 c 214: See note following RCW 46.61.5055.
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.900 Construction—Chapter supplemental.
Nothing in this chapter shall be construed as amending, modifying, or repealing any existing law of Washington or any
existing ordinance of any political subdivision relating to the
operation or licensing of motor vehicles, the licensing of persons to operate motor vehicles or providing penalties for the
violation thereof or shall be construed so as to preclude the
exercise of regulatory powers of any division, agency,
department, or political subdivision of the state having the
statutory power to regulate such operation and licensing.
[1971 ex.s. c 284 § 14.]
46.65.900
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
46.65.910 Short title. This chapter shall be known and
may be cited as the "Washington Habitual Traffic Offenders
Act." [1971 ex.s. c 284 § 18.]
46.65.910
Severability—1971 ex.s. c 284: See note following RCW 46.65.010.
Chapter 46.68
Chapter 46.68 RCW
DISPOSITION OF REVENUE
Sections
46.68.010
46.68.020
46.68.030
46.68.035
(2004 Ed.)
Erroneous payments—Refunds, underpayments—Penalty for
false statements.
Disposition of fees for certificates of ownership.
Disposition of vehicle license fees.
Disposition of combined vehicle licensing fees.
46.68.041
46.68.060
46.68.065
46.68.070
46.68.080
46.68.090
46.68.110
46.68.113
46.68.120
46.68.122
46.68.124
46.68.130
46.68.160
46.68.170
46.68.210
46.68.220
46.68.230
46.68.240
46.68.250
46.68.260
46.68.280
46.68.010
Disposition of drivers' license fees.
Highway safety fund created—Use limited.
Motorcycle safety education account.
Motor vehicle fund created—Use limited.
Refund of vehicle license fees and fuel tax to island counties.
Distribution of statewide fuel taxes.
Distribution of amount allocated to cities and towns.
Preservation rating.
Distribution of amount allocated to counties—Generally.
Distribution of amount to counties—Factors of distribution
formula.
Distribution of amount to counties—Population, road cost,
money need, computed—Allocation percentage adjustment.
Expenditure of balance of motor vehicle fund.
Urban arterial trust account—Created in motor vehicle fund—
Expenditures from.
RV account—Use for sanitary disposal systems.
Puyallup tribal settlement account.
Department of licensing services account.
Transfer of funds under government service agreement.
Highway infrastructure account.
Vehicle licensing fraud account.
Impaired driving safety account.
Transportation 2003 account (nickel account).
Amount of snowmobile fuel tax paid as motor vehicle fuel tax: RCW
46.10.170.
Highway funds, use, constitutional limitations: State Constitution Art. 2 § 40
(Amendment 18).
Motor vehicle
fuel tax: Chapter 82.36 RCW.
special fuel tax: Chapter 82.38 RCW.
use tax: Chapter 82.12 RCW.
Motor vehicle fund income from United States securities—Exemption from
reserve fund requirement: RCW 43.84.095.
Off-road vehicle fuel tax—Refunds from motor vehicle fund: RCW
46.09.170.
Snowmobile fuel tax—Refund to general fund: RCW 46.10.150.
State patrol: Chapter 43.43 RCW.
46.68.010
46.68.010 Erroneous payments—Refunds, underpayments—Penalty for false statements. (1) Whenever
any license fee, paid under the provisions of this title, has
been erroneously paid, either wholly or in part, the payor is
entitled to have refunded the amount so erroneously paid.
(2) A license fee is refundable in one or more of the following circumstances: (a) If the vehicle for which the
renewal license was purchased was destroyed before the
beginning date of the registration period for which the
renewal fee was paid; (b) if the vehicle for which the renewal
license was purchased was permanently removed from the
state before the beginning date of the registration period for
which the renewal fee was paid; (c) if the vehicle license was
purchased after the owner has sold the vehicle; (d) if the vehicle is currently licensed in Washington and is subsequently
licensed in another jurisdiction, in which case any full
months of Washington fees between the date of license application in the other jurisdiction and the expiration of the
Washington license are refundable; or (e) if the vehicle for
which the renewal license was purchased is sold before the
beginning date of the registration period for which the
renewal fee was paid, and the payor returns the new, unused,
never affixed license renewal tabs to the department before
the beginning of the registration period for which the registration was purchased.
(3) Upon the refund being certified to the state treasurer
by the director as correct and being claimed in the time
required by law the state treasurer shall mail or deliver the
amount of each refund to the person entitled thereto. No
[Title 46 RCW—page 255]
46.68.020
Title 46 RCW: Motor Vehicles
claim for refund shall be allowed for such erroneous payments unless filed with the director within three years after
such claimed erroneous payment was made.
(4) If due to error a person has been required to pay a
vehicle license fee under this title and an excise tax under
Title 82 RCW that amounts to an overpayment of ten dollars
or more, that person shall be entitled to a refund of the entire
amount of the overpayment, regardless of whether a refund of
the overpayment has been requested.
(5) If due to error the department or its agent has failed to
collect the full amount of the license fee and excise tax due
and the underpayment is in the amount of ten dollars or more,
the department shall charge and collect such additional
amount as will constitute full payment of the tax and fees.
(6) Any person who makes a false statement under which
he or she obtains a refund to which he or she is not entitled
under this section is guilty of a gross misdemeanor. [2003 c
53 § 248; 1997 c 22 § 1; 1996 c 31 § 1; 1993 c 307 § 2; 1989
c 68 § 1; 1979 c 120 § 1; 1967 c 32 § 73; 1961 c 12 §
46.68.010. Prior: 1937 c 188 § 76; RRS § 6312-76.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.68.020
46.68.020 Disposition of fees for certificates of ownership. The director shall forward all fees for certificates of
ownership or other moneys accruing under the provisions of
chapter 46.12 RCW to the state treasurer, together with a
proper identifying detailed report. The state treasurer shall
credit such moneys as follows:
(1) The fees collected under RCW 46.12.040(1) and
46.12.101(6) shall be credited to the multimodal transportation account in RCW 47.66.070.
(2)(a) Beginning July 27, 2003, and until July 1, 2008,
the fees collected under RCW 46.12.080, 46.12.101(3),
46.12.170, and 46.12.181 shall be credited as follows:
(i) 58.12 percent shall be credited to a segregated subaccount of the air pollution control account in RCW 70.94.015;
(ii) 16.60 percent shall be credited to the vessel response
account created in RCW 90.56.335; and
(iii) The remainder shall be credited into the transportation 2003 account (nickel account).
(b) Beginning July 1, 2008, and thereafter, the fees collected under RCW 46.12.080, 46.12.101(3), 46.12.170, and
46.12.181 shall be credited to the transportation 2003 account
(nickel account).
(3) The fees collected under RCW 46.12.040(3) and
46.12.060 shall be credited to the motor vehicle account.
[2004 c 200 § 3; 2003 c 264 § 8; 2002 c 352 § 21; 1961 c 12
§ 46.68.020. Prior: 1955 c 259 § 3; 1947 c 164 § 7; 1937 c
188 § 11; Rem. Supp. 1947 § 6312-11.]
Effective date—2004 c 200: See note following RCW 46.12.040.
Effective dates—2002 c 352: See note following RCW 46.09.070.
46.68.030
46.68.030 Disposition of vehicle license fees. Except
for proceeds from fees for vehicle licensing for vehicles paying such fees under RCW 46.16.070 and 46.16.085, and as
otherwise provided for in chapter 46.16 RCW, all fees
received by the director for vehicle licenses under the provisions of chapter 46.16 RCW shall be forwarded to the state
treasurer, accompanied by a proper identifying detailed
[Title 46 RCW—page 256]
report, and be deposited to the credit of the motor vehicle
fund, except that the proceeds from the vehicle license fee
and renewal license fee shall be deposited by the state treasurer as hereinafter provided. After July 1, 2002, $20.35 of
each original or renewal license fee must be deposited in the
state patrol highway account in the motor vehicle fund,
hereby created. Vehicle license fees, renewal license fees,
and all other funds in the state patrol highway account shall
be for the sole use of the Washington state patrol for highway
activities of the Washington state patrol, subject to proper
appropriations and reappropriations therefor. $2.02 of each
original vehicle license fee and $0.93 of each renewal license
fee shall be deposited each biennium in the Puget Sound ferry
operations account. Any remaining amounts of vehicle
license fees and renewal license fees that are not distributed
otherwise under this section must be deposited in the motor
vehicle fund. [2002 c 352 § 22; 1990 c 42 § 109; 1985 c 380
§ 20. Prior: 1983 c 15 § 23; 1983 c 3 § 122; 1981 c 342 § 9;
1973 c 103 § 3; 1971 ex.s. c 231 § 11; 1971 ex.s. c 91 § 1;
1969 ex.s. c 281 § 25; 1969 c 99 § 8; 1965 c 25 § 2; 1961 ex.s.
c 7 § 17; 1961 c 12 § 46.68.030; prior: 1957 c 105 § 2; 1955
c 259 § 4; 1947 c 164 § 15; 1937 c 188 § 40; Rem. Supp. 1947
§ 6312-40.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
Severability—1983 c 15: See RCW 47.64.910.
Effective date—Severability—1981 c 342: See notes following RCW
82.36.010.
Refund of mobile home identification tag fees: "The department of
motor vehicles shall refund all moneys collected in 1973 for mobile home
identification tags. Such refunds shall be made to those persons who have
purchased such tags. The department shall adopt rules pursuant to chapter
34.04 RCW to comply with the provisions of this section." [1973 c 103 § 4.]
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
Effective date—1965 c 25: "This act shall take effect January 1, 1966."
[1965 c 25 § 6.]
46.68.035
46.68.035 Disposition of combined vehicle licensing
fees. All proceeds from combined vehicle licensing fees
received by the director for vehicles licensed under RCW
46.16.070 and 46.16.085 shall be forwarded to the state treasurer to be distributed into accounts according to the following method:
(1) The sum of two dollars for each vehicle shall be
deposited into the multimodal transportation account, except
that for each vehicle registered by a county auditor or agent to
a county auditor pursuant to RCW 46.01.140, the sum of two
dollars shall be credited to the current county expense fund.
(2) The remainder shall be distributed as follows:
(a) 21.963 percent shall be deposited into the state patrol
highway account of the motor vehicle fund;
(b) 1.411 percent shall be deposited into the Puget Sound
ferry operations account of the motor vehicle fund;
(c) 7.240 percent shall be deposited into the transportation 2003 account (nickel account); and
(d) The remaining proceeds shall be deposited into the
motor vehicle fund. [2003 c 361 § 202; 2000 2nd sp.s. c 4 §
(2004 Ed.)
Disposition of Revenue
8; 1993 c 102 § 7; 1990 c 42 § 106; 1989 c 156 § 4; 1985 c
380 § 21.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: See note following RCW
43.89.010.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Application—1989 c 156: See note following RCW 46.16.070.
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
Severability—1985 c 380: See RCW 46.87.900.
46.68.041 Disposition of drivers' license fees. (1)
Except as provided in subsection (2) of this section, the
department shall forward all funds accruing under the provisions of chapter 46.20 RCW together with a proper identifying, detailed report to the state treasurer who shall deposit
such moneys to the credit of the highway safety fund.
(2) Sixty-three percent of each fee collected by the
department under RCW 46.20.311 (1)(e)(ii), (2)(b)(ii), and
(3)(b) shall be deposited in the impaired driving safety
account. [2004 c 95 § 15; 1998 c 212 § 3; 1995 2nd sp.s. c 3
§ 1; 1985 ex.s. c 1 § 12; 1981 c 245 § 3; 1979 c 63 § 3; 1977
c 27 § 1; 1975 1st ex.s. c 293 § 20; 1971 ex.s. c 91 § 2; 1969
c 99 § 9; 1967 c 174 § 3; 1965 c 25 § 4.]
46.68.041
Effective date—1995 2nd sp.s. c 3: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 2nd sp.s. c 3 § 2.]
Effective date—1985 ex.s. c 1: See note following RCW 46.20.070.
Effective date—1981 c 245: See note following RCW 46.20.161.
Severability—Effective date—1975 1st ex.s. c 293: See RCW
43.88.902 and 43.88.910.
Effective date—1967 c 174: See note following RCW 46.29.050.
Effective date—1965 c 25: See note following RCW 46.68.030.
46.68.060 Highway safety fund created—Use limited.
There is hereby created in the state treasury a fund to be
known as the highway safety fund to the credit of which shall
be deposited all moneys directed by law to be deposited
therein. This fund shall be used for carrying out the provisions of law relating to driver licensing, driver improvement,
financial responsibility, cost of furnishing abstracts of driving records and maintaining such case records, and to carry
out the purposes set forth in RCW 43.59.010. [1969 c 99 §
11; 1967 c 174 § 4; 1965 c 25 § 3; 1961 c 12 § 46.68.060.
Prior: 1957 c 104 § 1; 1937 c 188 § 81; RRS § 6312-81; 1921
c 108 § 13; RRS § 6375.]
46.68.060
Effective date—1969 c 99: See note following RCW 79A.05.070.
Effective date—1969 c 25: See note following RCW 46.16.060.
Effective date—1967 c 174: See note following RCW 46.29.050.
Effective date—1965 c 25: See note following RCW 46.68.030.
Deposits into account: RCW 46.20.505, 46.20.510, 46.81A.030.
46.68.065 Motorcycle safety education account.
There is hereby created the motorcycle safety education
account in the highway safety fund of the state treasury, to the
credit of which shall be deposited all moneys directed by law
46.68.065
(2004 Ed.)
46.68.080
to be credited thereto. All expenses incurred by the director
of the department of licensing in administering RCW
46.20.505 through 46.20.520 shall be borne by appropriations from this account, and moneys deposited into this
account shall be used only for the purposes authorized in
RCW 46.20.505 through 46.20.520. [2001 c 285 § 1; 1982 c
77 § 8.]
Severability—1982 c 77: See note following RCW 46.20.500.
46.68.070
46.68.070 Motor vehicle fund created—Use limited.
There is created in the state treasury a permanent fund to be
known as the motor vehicle fund to the credit of which shall
be deposited all moneys directed by law to be deposited
therein. This fund shall be for the use of the state, and through
state agencies, for the use of counties, cities, and towns for
proper road, street, and highway purposes, including the purposes of RCW 47.30.030. [1972 ex.s. c 103 § 6; 1961 c 12 §
46.68.070. Prior: (i) 1935 c 111 § 1, part; 1933 c 41 § 4, part;
RRS § 6600, part; 1929 c 163 § 1; 1925 ex.s. c 185 § 1; 1923
c 181 § 3; 1921 c 96 § 18; 1919 c 46 § 3; 1917 c 155 § 13;
1915 c 142 § 18; RRS § 6330. (ii) 1939 c 181 § 1; RRS §
6600-1; 1937 c 208 §§ 1, 2, part.]
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
46.68.080
46.68.080 Refund of vehicle license fees and fuel tax
to island counties. All motor vehicle license fees and all
motor vehicle fuel tax directly or indirectly paid by the residents of those counties composed entirely of islands and
which have neither a fixed physical connection with the
mainland nor any state highways on any of the islands of
which they are composed, shall be paid into the motor vehicle
fund of the state of Washington and shall monthly, as they
accrue, and after deducting therefrom the expenses of issuing
such licenses and the cost of collecting such motor vehicle
fuel tax, be paid to the county treasurer of each such county
to be by him disbursed as hereinafter provided.
One-half of all motor vehicle license fees and motor
vehicle fuel tax directly or indirectly paid by the residents of
those counties composed entirely of islands and which have
either a fixed physical connection with the mainland or state
highways on any of the islands of which they are composed,
shall be paid into the motor vehicle fund of the state of Washington and shall monthly, as they accrue, and after deducting
therefrom the expenses of issuing such licenses and the cost
of collecting such motor vehicle fuel tax, be paid to the
county treasurer of each such county to be by him disbursed
as hereinafter provided.
All funds paid to the county treasurer of the counties of
either class above referred to as in this section provided, shall
be by such county treasurer distributed and credited to the
several road districts of each such county and paid to the city
treasurer of each incorporated city and town within each such
county, in the direct proportion that the assessed valuation of
each such road district and incorporated city and town shall
bear to the total assessed valuation of each such county.
The amount of motor vehicle fuel tax paid by the residents of those counties composed entirely of islands shall, for
the purposes of this section, be that percentage of the total
amount of motor vehicle fuel tax collected in the state that the
motor vehicle license fees paid by the residents of counties
[Title 46 RCW—page 257]
46.68.090
Title 46 RCW: Motor Vehicles
composed entirely of islands bears to the total motor vehicle
license fees paid by the residents of the state. [1961 c 12 §
46.68.080. Prior: 1939 c 181 § 9; RRS § 6450-54a.]
46.68.090 Distribution of statewide fuel taxes. (1) All
moneys that have accrued or may accrue to the motor vehicle
fund from the motor vehicle fuel tax and special fuel tax shall
be first expended for purposes enumerated in (a) and (b) of
this subsection. The remaining net tax amount shall be distributed monthly by the state treasurer in accordance with
subsections (2), (3), and (4) of this section.
(a) For payment of refunds of motor vehicle fuel tax and
special fuel tax that has been paid and is refundable as provided by law;
(b) For payment of amounts to be expended pursuant to
appropriations for the administrative expenses of the offices
of state treasurer, state auditor, and the department of licensing of the state of Washington in the administration of the
motor vehicle fuel tax and the special fuel tax, which sums
shall be distributed monthly.
(2) All of the remaining net tax amount collected under
RCW 82.36.025(1) and 82.38.030(1) shall be distributed as
set forth in (a) through (j) of this section.
(a) For distribution to the motor vehicle fund an amount
equal to 44.387 percent to be expended for highway purposes
of the state as defined in RCW 46.68.130;
(b) For distribution to the special category C account,
hereby created in the motor vehicle fund, an amount equal to
3.2609 percent to be expended for special category C
projects. Special category C projects are category C projects
that, due to high cost only, will require bond financing to
complete construction.
The following criteria, listed in order of priority, shall be
used in determining which special category C projects have
the highest priority:
(i) Accident experience;
(ii) Fatal accident experience;
(iii) Capacity to move people and goods safely and at
reasonable speeds without undue congestion; and
(iv) Continuity of development of the highway transportation network.
Moneys deposited in the special category C account in
the motor vehicle fund may be used for payment of debt service on bonds the proceeds of which are used to finance special category C projects under this subsection (2)(b);
(c) For distribution to the Puget Sound ferry operations
account in the motor vehicle fund an amount equal to 2.3283
percent;
(d) For distribution to the Puget Sound capital construction account in the motor vehicle fund an amount equal to
2.3726 percent;
(e) For distribution to the urban arterial trust account in
the motor vehicle fund an amount equal to 7.5597 percent;
(f) For distribution to the transportation improvement
account in the motor vehicle fund an amount equal to 5.6739
percent and expended in accordance with RCW 47.26.086;
(g) For distribution to the cities and towns from the
motor vehicle fund an amount equal to 10.6961 percent in
accordance with RCW 46.68.110;
(h) For distribution to the counties from the motor vehicle fund an amount equal to 19.2287 percent: (i) Out of
46.68.090
[Title 46 RCW—page 258]
which there shall be distributed from time to time, as directed
by the department of transportation, those sums as may be
necessary to carry out the provisions of RCW 47.56.725; and
(ii) less any amounts appropriated to the county road administration board to implement the provisions of RCW
47.56.725(4), with the balance of such county share to be distributed monthly as the same accrues for distribution in
accordance with RCW 46.68.120;
(i) For distribution to the county arterial preservation
account, hereby created in the motor vehicle fund an amount
equal to 1.9565 percent. These funds shall be distributed by
the county road administration board to counties in proportions corresponding to the number of paved arterial lane
miles in the unincorporated area of each county and shall be
used for improvements to sustain the structural, safety, and
operational integrity of county arterials. The county road
administration board shall adopt reasonable rules and
develop policies to implement this program and to assure that
a pavement management system is used;
(j) For distribution to the rural arterial trust account in
the motor vehicle fund an amount equal to 2.5363 percent
and expended in accordance with RCW 36.79.020.
(3) One hundred percent of the net tax amount collected
under RCW 82.36.025(2) and 82.38.030(2) shall be distributed to the transportation 2003 account (nickel account).
(4) Nothing in this section or in RCW 46.68.130 may be
construed so as to violate any terms or conditions contained
in any highway construction bond issues now or hereafter
authorized by statute and whose payment is by such statute
pledged to be paid from any excise taxes on motor vehicle
fuel and special fuels. [2003 c 361 § 403. Prior: 1999 c 269
§ 2; 1999 c 94 § 6; prior: 1994 c 225 § 2; 1994 c 179 § 3;
1991 c 342 § 56; 1990 c 42 § 102; 1983 1st ex.s. c 49 § 21;
1979 c 158 § 184; 1977 ex.s. c 317 § 8; 1967 c 32 § 74; 1961
ex.s. c 7 § 5; 1961 c 12 § 46.68.090; prior: 1943 c 115 § 3;
1939 c 181 § 2; Rem. Supp. 1943 § 6600-1d; 1937 c 208 §§
2, part, 3, part.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
Effective date—1994 c 225: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect May 1,
1994." [1994 c 225 § 4.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective dates—Severability—1977 ex.s. c 317: See notes following
RCW 82.36.010.
Rural arterial trust account: RCW 36.79.020.
Urban arterial trust account: RCW 47.26.080.
46.68.110
46.68.110 Distribution of amount allocated to cities
and towns. Funds credited to the incorporated cities and
towns of the state as set forth in RCW 46.68.090(2)(g) shall
be subject to deduction and distribution as follows:
(2004 Ed.)
Disposition of Revenue
(1) One and one-half percent of such sums distributed
under RCW 46.68.090(2)(g) shall be deducted monthly as
such sums are credited and set aside for the use of the department of transportation for the supervision of work and expenditures of such incorporated cities and towns on the city and
town streets thereof, including the supervision and administration of federal-aid programs for which the department of
transportation has responsibility: PROVIDED, That any
moneys so retained and not expended shall be credited in the
succeeding biennium to the incorporated cities and towns in
proportion to deductions herein made;
(2) Thirty-three one-hundredths of one percent of such
funds distributed under RCW 46.68.090(2)(g) shall be
deducted monthly, as such funds accrue, and set aside for the
use of the department of transportation for the purpose of
funding the cities' share of the costs of highway jurisdiction
studies and other studies. Any funds so retained and not
expended shall be credited in the succeeding biennium to the
cities in proportion to the deductions made;
(3) One percent of such funds distributed under RCW
46.68.090(2)(g) shall be deducted monthly, as such funds
accrue, to be deposited in the urban arterial trust account, to
implement the city hardship assistance program, as provided
in RCW 47.26.164. However, any moneys so retained and
not required to carry out the program as of July 1st of each
odd-numbered year thereafter, shall be provided within sixty
days to the treasurer and distributed in the manner prescribed
in subsection (5) of this section;
(4) After making the deductions under subsections (1)
through (3) of this section and RCW 35.76.050, 31.86 percent of the fuel tax distributed to the cities and towns in RCW
46.68.090(2)(g) shall be allocated to the incorporated cities
and towns in the manner set forth in subsection (5) of this section and subject to deductions in subsections (1), (2), and (3)
of this section, subject to RCW 35.76.050, to be used exclusively for: The construction, improvement, chip sealing,
seal-coating, and repair for arterial highways and city streets
as those terms are defined in RCW 46.04.030 and 46.04.120;
the maintenance of arterial highways and city streets for
those cities with a population of less than fifteen thousand; or
the payment of any municipal indebtedness which may be
incurred in the construction, improvement, chip sealing, sealcoating, and repair of arterial highways and city streets; and
(5) The balance remaining to the credit of incorporated
cities and towns after such deduction shall be apportioned
monthly as such funds accrue among the several cities and
towns within the state ratably on the basis of the population
last determined by the office of financial management. [2003
c 361 § 404. Prior: 1999 c 269 § 3; 1999 c 94 § 9; 1996 c 94
§ 1; prior: 1991 sp.s. c 15 § 46; 1991 c 342 § 59; 1989 1st
ex.s. c 6 § 41; 1987 1st ex.s. c 10 § 37; 1985 c 460 § 32; 1979
c 151 § 161; 1975 1st ex.s. c 100 § 1; 1961 ex.s. c 7 § 7; 1961
c 12 § 46.68.110; prior: 1957 c 175 § 11; 1949 c 143 § 1;
1943 c 83 § 2; 1941 c 232 § 1; 1939 c 181 § 4; Rem. Supp.
1949 § 6600-3a; 1937 c 208 §§ 2, part, 3, part.]
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes following
RCW 43.84.092.
(2004 Ed.)
46.68.120
Construction—Severability—1991 sp.s. c 15: "The appropriations of
moneys and the designation of funds and accounts by this and other acts of
the 1991 legislature shall be construed in a manner consistent with legislation enacted by the 1985, 1987, and 1989 legislatures to conform state funds
and accounts with generally accepted accounting principles. If any provision
of this act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1991 sp.s. c 15 § 69.]
Effective dates—1991 c 342: See note following RCW 47.26.167.
Severability—1989 1st ex.s. c 6: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 1st ex.s. c 6 § 75.]
Severability—1987 1st ex.s. c 10: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 1st ex.s. c 10 § 60.]
Severability—1985 c 460: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 460 § 42.]
Expense of cost-audit examination of city and town street records payable
from funds withheld under RCW 46.68.110(1): RCW 35.76.050.
Population determination, office of financial management: Chapter 43.62
RCW.
46.68.113
46.68.113 Preservation rating. During the 2003-2005
biennium, cities and towns shall provide to the transportation
commission, or its successor entity, preservation rating information on at least seventy percent of the total city and town
arterial network. Thereafter, the preservation rating information requirement shall increase in five percent increments in
subsequent biennia. The rating system used by cities and
towns must be based upon the Washington state pavement
rating method or an equivalent standard approved by the
transportation commission or its successor entity. [2003 c
363 § 305.]
Finding—Intent—2003 c 363: See note following RCW 35.84.060.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
46.68.120
46.68.120 Distribution of amount allocated to counties—Generally. Funds to be paid to the counties of the state
shall be subject to deduction and distribution as follows:
(1) One and one-half percent of such funds shall be
deducted monthly as such funds accrue and set aside for the
use of the department of transportation and the county road
administration board for the supervision of work and expenditures of such counties on the county roads thereof, including the supervision and administration of federal-aid programs for which the department of transportation has responsibility: PROVIDED, That any funds so retained and not
expended shall be credited in the succeeding biennium to the
counties in proportion to deductions herein made;
(2) All sums required to be repaid to counties composed
entirely of islands shall be deducted;
(3) Thirty-three one-hundredths of one percent of such
funds shall be deducted monthly, as such funds accrue, and
set aside for the use of the department of transportation for
the purpose of funding the counties' share of the costs of
highway jurisdiction studies and other studies. Any funds so
retained and not expended shall be credited in the succeeding
biennium to the counties in proportion to the deductions
made;
[Title 46 RCW—page 259]
46.68.122
Title 46 RCW: Motor Vehicles
(4) The balance of such funds remaining to the credit of
counties after such deductions shall be paid to the several
counties monthly, as such funds accrue, in accordance with
RCW 46.68.122 and 46.68.124. [1991 sp.s. c 15 § 47; 1991
c 342 § 64; 1989 1st ex.s. c 6 § 42; 1987 1st ex.s. c 10 § 38;
1985 c 460 § 33; 1985 c 120 § 1; 1982 c 33 § 1; 1980 c 87 §
44; 1979 c 158 § 185; 1977 ex.s. c 151 § 42; 1975 1st ex.s. c
100 § 2; 1973 1st ex.s. c 195 § 47; 1972 ex.s. c 103 § 1; 1967
c 32 § 75; 1965 ex.s. c 120 § 12; 1961 c 12 § 46.68.120. Prior:
1957 c 109 § 1; 1955 c 243 § 1; 1949 c 143 § 2; 1945 c 260 §
1; 1943 c 83 § 3; 1939 c 181 § 5; Rem. Supp. 149 § 6600-2a.]
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
Effective dates—1991 c 342: See note following RCW 47.26.167.
Severability—1989 1st ex.s. c 6: See note following RCW 46.68.110.
Severability—1987 1st ex.s. c 10: See note following RCW 46.68.110.
Severability—1985 c 460: See note following RCW 46.68.110.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070, 47.98.080.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
County road administration board—Expenses to be paid from motor vehicle
fund—Disbursement procedure: RCW 36.78.110.
46.68.122 Distribution of amount to counties—Factors of distribution formula. Funds to be paid to the several
counties pursuant to RCW 46.68.120(4) shall be allocated
among them upon the basis of a distribution formula consisting of the following four factors:
(1) An equal distribution factor of ten percent of such
funds shall be paid to each county;
(2) A population factor of thirty percent of such funds
shall be paid to each county in direct proportion that the
county's total equivalent population, as computed pursuant to
RCW 46.68.124(1), is to the total equivalent population of all
counties;
(3) A road cost factor of thirty percent of such funds shall
be paid to each county in direct proportion that the county's
total annual road cost, as computed pursuant to RCW
46.68.124(2), is to the total annual road costs of all counties;
(4) A money need factor of thirty percent of such funds
shall be paid to each county in direct proportion that the
county's money need factor, as computed pursuant to RCW
46.68.124(3), is to the total of money need factors of all counties. [1982 c 33 § 2.]
46.68.122
46.68.124 Distribution of amount to counties—Population, road cost, money need, computed—Allocation percentage adjustment. (1) The equivalent population for each
county shall be computed as the sum of the population residing in the county's unincorporated area plus twenty-five percent of the population residing in the county's incorporated
area. Population figures required for the computations in this
subsection shall be certified by the director of the office of
financial management on or before July 1st of each odd-numbered year.
(2) The total annual road cost for each county shall be
computed as the sum of one twenty-fifth of the total estimated county road replacement cost, plus the total estimated
annual maintenance cost. Appropriate costs for bridges and
46.68.124
[Title 46 RCW—page 260]
ferries shall be included. The county road administration
board shall be responsible for establishing a uniform system
of roadway categories for both maintenance and construction
and also for establishing a single statewide cost per mile rate
for each roadway category. The total annual cost for each
county will be based on the established statewide cost per
mile and associated mileage for each category. The mileage
to be used for these computations shall be as shown in the
county road log as maintained by the county road administration board as of July 1, 1985, and each two years thereafter.
Each county shall be responsible for submitting changes, corrections, and deletions as regards the county road log to the
county road administration board. Such changes, corrections,
and deletions shall be subject to verification and approval by
the county road administration board prior to inclusion in the
county road log.
(3) The money need factor for each county shall be the
county's total annual road cost less the following four
amounts:
(a) One-half the sum of the actual county road tax levied
upon the valuation of all taxable property within the county
road districts pursuant to RCW 36.82.040, including any
amount of such tax diverted under chapter 39.89 RCW, for
the two calendar years next preceding the year of computation of the allocation amounts as certified by the department
of revenue;
(b) One-half the sum of all funds received by the county
road fund from the federal forest reserve fund pursuant to
RCW 28A.520.010 and 28A.520.020 during the two calendar
years next preceding the year of computation of the allocation amounts as certified by the state treasurer;
(c) One-half the sum of timber excise taxes received by
the county road fund pursuant to chapter 84.33 RCW in the
two calendar years next preceding the year of computation of
the allocation amounts as certified by the state treasurer;
(d) One-half the sum of motor vehicle license fees and
motor vehicle and special fuel taxes refunded to the county,
pursuant to RCW 46.68.080 during the two calendar years
next preceding the year of computation of the allocation
amounts as certified by the state treasurer.
(4) The state treasurer and the department of revenue
shall furnish to the county road administration board the
information required by subsection (3) of this section on or
before July 1st of each odd-numbered year.
(5) The county road administration board, shall compute
and provide to the counties the allocation factors of the several counties on or before September 1st of each year based
solely upon the sources of information herein before
required: PROVIDED, That the allocation factor shall be
held to a level not more than five percent above or five percent below the allocation factor in use during the previous
calendar year. Upon computation of the actual allocation factors of the several counties, the county road administration
board shall provide such factors to the state treasurer to be
used in the computation of the counties' fuel tax allocation for
the succeeding calendar year. The state treasurer shall adjust
the fuel tax allocation of each county on January 1st of every
year based solely upon the information provided by the
county road administration board. [2001 c 212 § 28; 1990 c
33 § 586. Prior: 1985 c 120 § 2; 1985 c 7 § 113; 1982 c 33 §
3.]
(2004 Ed.)
Disposition of Revenue
Severability—2001 c 212: See RCW 39.89.902.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
46.68.250
(2) All moneys deposited into the account shall be
expended by the department of transportation pursuant to
appropriation solely for the Blair project as described in the
agreement. [1991 sp.s. c 13 § 104; 1990 c 42 § 411.]
46.68.130
46.68.130 Expenditure of balance of motor vehicle
fund. The tax amount distributed to the state in the manner
provided by RCW 46.68.090, and all moneys accruing to the
motor vehicle fund from any other source, less such sums as
are properly appropriated and reappropriated for expenditure
for costs of collection and administration thereof, shall be
expended, subject to proper appropriation and reappropriation, solely for highway purposes of the state, including the
purposes of RCW 47.30.030. For the purposes of this section,
the term "highway purposes of the state" does not include
those expenditures of the Washington state patrol heretofore
appropriated or reappropriated from the motor vehicle fund.
Nothing in this section or in RCW 46.68.090 may be construed so as to violate terms or conditions contained in highway construction bond issues authorized by statute as of July
1, 1999, or thereafter and whose payment is, by the statute,
pledged to be paid from excise taxes on motor vehicle fuel
and special fuels. [1999 c 269 § 4; 1981 c 342 § 11; 1974
ex.s. c 9 § 1; 1972 ex.s. c 103 § 7; 1971 ex.s. c 91 § 6; 1963 c
83 § 1; 1961 ex.s. c 7 § 9; 1961 c 12 § 46.68.130. Prior: 1957
c 271 § 4; 1957 c 105 § 3; 1941 c 246 § 1; 1939 c 181 § 6;
Rem. Supp. 1941 § 6600-26.]
Effective date—1999 c 269: See note following RCW 36.78.070.
Effective date—Severability—1981 c 342: See notes following RCW
82.36.010.
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
46.68.160
46.68.160 Urban arterial trust account—Created in
motor vehicle fund—Expenditures from. See RCW
47.26.080.
46.68.170
46.68.170 RV account—Use for sanitary disposal
systems. There is hereby created in the motor vehicle fund
the RV account. All moneys hereafter deposited in said
account shall be used by the department of transportation for
the construction, maintenance, and operation of recreational
vehicle sanitary disposal systems at safety rest areas in accordance with the department's highway system plan as prescribed in chapter 47.06 RCW. [1996 c 237 § 2; 1980 c 60 §
3.]
Effective date—1980 c 60: See note following RCW 47.38.050.
Additional license fees for recreational vehicles: RCW 46.16.063.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
46.68.220
46.68.220 Department of licensing services account.
The department of licensing services account is created in the
motor vehicle fund. All receipts from service fees received
under RCW 46.01.140(4)(b) shall be deposited into the
account. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used
only for information and service delivery systems for the
department, and for reimbursement of county licensing activities. [1992 c 216 § 5.]
46.68.230
46.68.230 Transfer of funds under government service agreement. Funds that are distributed to counties, cities, or towns pursuant to this chapter may be transferred by
the recipient county, city, or town to another unit of local
government pursuant to a government service agreement as
provided in RCW 36.115.040 and 36.115.050. [1994 c 266 §
9.]
46.68.240
46.68.240 Highway infrastructure account. The highway infrastructure account is hereby created in the motor
vehicle fund. Public and private entities may deposit moneys
in the highway infrastructure account from federal, state,
local, or private sources. Proceeds from bonds or other financial instruments sold to finance surface transportation
projects from the highway infrastructure account shall be
deposited into the account. Principal and interest payments
made on loans from the highway infrastructure account shall
be deposited into the account. Moneys in the account shall be
available for purposes specified in RCW 82.44.195. Expenditures from the highway infrastructure account shall be subject
to appropriation by the legislature. To the extent required by
federal law or regulations promulgated by the United States
secretary of transportation, the state treasurer is authorized to
create separate subaccounts within the highway infrastructure account. [1996 c 262 § 3.]
Transportation infrastructure account—Highway infrastructure
account—Finding—Intent—Purpose—1996 c 262: See RCW 82.44.195.
46.68.210
46.68.210 Puyallup tribal settlement account. (1) The
Puyallup tribal settlement account is hereby created in the
motor vehicle fund. All moneys designated by the "Agreement between the Puyallup Tribe of Indians, local governments in Pierce county, the state of Washington, the United
States of America, and certain private property owners,"
dated August 27, 1988, (the "agreement") for use by the
department of transportation on the Blair project as described
in the agreement shall be deposited into the account, including but not limited to federal appropriations for the Blair
project, and appropriations contained in section 34, chapter 6,
Laws of 1989 1st ex. sess. and section 709, chapter 19, Laws
of 1989 1st ex. sess.
(2004 Ed.)
Effective date—1996 c 262: See note following RCW 82.44.190.
46.68.250
46.68.250 Vehicle licensing fraud account. The vehicle licensing fraud account is created in the state treasury.
From penalties and fines imposed under RCW 46.16.010,
47.68.255, and 88.02.118, an amount equal to the taxes and
fees owed shall be deposited into the account. Moneys in the
account may be spent only after appropriation. Expenditures
from the account may be used only for vehicle license fraud
enforcement and collections by the Washington state patrol
and the department of revenue. [1996 c 184 § 6.]
Effective date—1996 c 184: See note following RCW 46.16.010.
[Title 46 RCW—page 261]
46.68.260
Title 46 RCW: Motor Vehicles
46.68.260 Impaired driving safety account. The
impaired driving safety account is created in the custody of
the state treasurer. All receipts from fees collected under
RCW 46.20.311 (1)(e)(ii), (2)(b)(ii), and (3)(b) shall be
deposited according to RCW 46.68.041. Expenditures from
this account may be used only to fund projects to reduce
impaired driving and to provide funding to local governments
for costs associated with enforcing laws relating to driving
and boating while under the influence of intoxicating liquor
or any drug. The account is subject to allotment procedures
under chapter 43.88 RCW. Moneys in the account may be
spent only after appropriation. [2004 c 95 § 16; 1998 c 212 §
2.]
46.68.260
46.68.280 Transportation 2003 account (nickel
account). (1) The transportation 2003 account (nickel
account) is hereby created in the motor vehicle fund. Money
in the account may be spent only after appropriation. Expenditures from the account must be used only for projects or
improvements identified as transportation 2003 projects or
improvements in the omnibus transportation budget and to
pay the principal and interest on the bonds authorized for
transportation 2003 projects or improvements. Upon completion of the projects or improvements identified as transportation 2003 projects or improvements, moneys deposited
in this account must only be used to pay the principal and
interest on the bonds authorized for transportation 2003
projects or improvements, and any funds in the account in
excess of the amount necessary to make the principal and
interest payments may be used for maintenance on the completed projects or improvements.
(2) The "nickel account" means the transportation 2003
account. [2003 c 361 § 601.]
46.70.102
46.70.111
46.70.115
46.70.120
46.70.122
46.70.124
46.70.125
46.70.130
46.70.132
46.70.134
46.70.135
46.70.136
46.70.137
46.70.140
46.68.280
Findings—Part headings not law—Severability—2003 c 361: See
notes following RCW 82.36.025.
Effective dates—2003 c 361: See note following RCW 82.08.020.
Chapter 46.70
Chapter 46.70 RCW
DEALERS AND MANUFACTURERS
46.70.160
46.70.170
46.70.180
46.70.183
46.70.190
46.70.220
46.70.230
46.70.240
46.70.250
46.70.260
46.70.270
46.70.290
46.70.300
46.70.310
46.70.320
46.70.330
46.70.900
46.70.910
46.70.920
Denial, suspension, or revocation of licenses—Notice, hearing, procedure.
Investigations or proceedings—Powers of director or designees—Penalty.
Cease and desist orders—"Curbstoning," penalty.
Record of transactions.
Duty when purchaser or transferee is a dealer.
Evidence of ownership for dealers' used vehicles—Consignments.
Used vehicles—Asking price, posting or disclosure.
Details of charges must be furnished buyer or mortgagor.
Manufactured home sale—Implied warranty.
Manufactured home installation—Warranty, state installation
code.
Mobile homes—Warranties and inspections—Delivery—
Occupancy—Advertising of dimensions.
Manufactured homes—Warranty disputes.
Violations relating to mobile/manufactured homes.
Handling "hot" vehicles—Unreported motor "switches"—
Unauthorized use of dealer plates—Penalty.
Rules and regulations.
Penalty for violations.
Unlawful acts and practices.
Notice of bankruptcy proceedings.
Civil actions for violations—Injunctions—Claims under Federal Automobile Dealer Franchise Act—Time limitation.
Duties of attorney general and prosecuting attorneys to act on
violations—Limitation of civil actions.
Duties of attorney general and prosecuting attorneys to act on
violations—Assurance of compliance—Filing.
Penalties—Jurisdiction.
Personal service of process outside state.
Application of chapter to existing and future franchises and
contracts.
Provisions of chapter cumulative—Violation of RCW
46.70.180 deemed civil.
Mobile homes and persons engaged in distribution and sale.
Chapter exclusive—Local business and occupation tax not
prevented.
Consumer Protection Act.
Buyer's agents.
Wholesale motor vehicle auction dealers.
Liberal construction.
Severability—1967 ex.s. c 74.
Severability—1973 1st ex.s. c 132.
Automotive repair: Chapter 46.71 RCW.
False or deceptive advertising: Chapter 9.04 RCW.
Lemon Law—Motor vehicle express warranties: Chapter 19.118 RCW.
Manufactured home safety and construction standards, inspections: RCW
43.22.431 through 43.22.434.
Retail installment sales of goods: Chapter 63.14 RCW.
Unfair business practices—Consumer protection: Chapter 19.86 RCW.
Sections
46.70.005
46.70.011
46.70.021
46.70.023
46.70.025
46.70.027
46.70.028
46.70.029
46.70.031
46.70.041
46.70.042
46.70.045
46.70.051
46.70.061
46.70.070
46.70.075
46.70.079
46.70.083
46.70.085
46.70.090
46.70.101
Declaration of purpose.
Definitions.
License required for dealers or manufacturers—Penalties.
Place of business.
Established place of business—Waiver of requirements.
Accountability of dealer for employees—Actions for damages
on violation of chapter.
Consignment.
Listing dealers, transaction of business.
Application for license—Form.
Application for license—Contents.
Application for license—Retention by department—Confidentiality.
Denial of license.
Issuance of license—Private party dissemination of vehicle
data base.
Fees—Disposition.
Dealers—Bond required, exceptions—Actions—Cancellation
of license.
Manufacturers—Bond required—Actions—Cancellation of
license.
Education requirements.
Expiration of license—Renewal—Certification of established
place of business.
Licenses—Staggered renewal.
License plates—Use.
Denial, suspension, or revocation of licenses—Grounds.
[Title 46 RCW—page 262]
46.70.005 Declaration of purpose. The legislature
finds and declares that the distribution, sale, and lease of
vehicles in the state of Washington vitally affects the general
economy of the state and the public interest and the public
welfare, and that in order to promote the public interest and
the public welfare, and in the exercise of its police power, it
is necessary to regulate and license vehicle manufacturers,
distributors, or wholesalers and factory or distributor representatives, and to regulate and license dealers of vehicles
doing business in Washington, in order to prevent frauds,
impositions, and other abuses upon its citizens and to protect
and preserve the investments and properties of the citizens of
this state. [2001 c 272 § 1; 1986 c 241 § 1; 1973 1st ex.s. c
132 § 1; 1967 ex.s. c 74 § 1.]
46.70.005
Reviser's note: Throughout chapter 46.70 RCW the phrases "this act"
and "this amendatory act" have been changed to "this chapter." This 1967
act or amendatory act [1967 ex.s. c 74] consisted of RCW 46.70.005 through
46.70.042, 46.70.051, 46.70.061, 46.70.081 through 46.70.083, 46.70.101
through 46.70.111, and 46.70.180 through 46.70.910, the 1967 amendments
to RCW 46.70.060 and 46.70.070, and the repeal of RCW 46.70.010 through
46.70.050, 46.70.080, 46.70.100, and 46.70.110.
(2004 Ed.)
Dealers and Manufacturers
Emergency—Effective date—1967 ex.s. c 74: "This act is necessary
for the immediate preservation of the public peace, health and safety, the
support of the state government and its existing public institutions, and sections 1 through 3 and sections 16 through 25 shall take effect immediately.
Sections 4 through 15 and sections 26 through 30 inclusive shall take effect
on July 1, 1967." [1967 ex.s. c 74 § 31.]
46.70.011
46.70.011 Definitions. As used in this chapter:
(1) "Vehicle" means and includes every device capable
of being moved upon a public highway and in, upon, or by
which any persons or property is or may be transported or
drawn upon a public highway, excepting devices moved by
human or animal power or used exclusively upon stationary
rails or tracks.
(2) "Motor vehicle" means every vehicle which is selfpropelled and every vehicle which is propelled by electric
power obtained from overhead trolley wires, but not operated
upon rails, and which is required to be registered and titled
under Title 46 RCW, Motor Vehicles.
(3) "Vehicle dealer" means any person, firm, association,
corporation, or trust, not excluded by subsection (4) of this
section, engaged in the business of buying, selling, listing,
exchanging, offering, brokering, leasing with an option to
purchase, auctioning, soliciting, or advertising the sale of
new or used vehicles, or arranging or offering or attempting
to solicit or negotiate on behalf of others, a sale, purchase, or
exchange of an interest in new or used motor vehicles, irrespective of whether the motor vehicles are owned by that person. Vehicle dealers shall be classified as follows:
(a) A "motor vehicle dealer" is a vehicle dealer that deals
in new or used motor vehicles, or both;
(b) A "mobile home and travel trailer dealer" is a vehicle
dealer that deals in mobile homes, park trailers, or travel trailers, or more than one type of these vehicles;
(c) A "miscellaneous vehicle dealer" is a vehicle dealer
that deals in motorcycles or vehicles other than motor vehicles or mobile homes and travel trailers or any combination
of such vehicles.
(4) The term "vehicle dealer" does not include, nor do
the licensing requirements of RCW 46.70.021 apply to, the
following persons, firms, associations, or corporations:
(a) Receivers, trustees, administrators, executors, guardians, or other persons appointed by, or acting under a judgment or order of, any court; or
(b) Public officers while performing their official duties;
or
(c) Employees of vehicle dealers who are engaged in the
specific performance of their duties as such employees; or
(d) Any person engaged in an isolated sale of a vehicle in
which that person is the registered or legal owner, or both,
thereof; or
(e) Any person, firm, association, corporation, or trust,
engaged in the selling of equipment other than vehicles, subject to registration, used for agricultural or industrial purposes; or
(f) A real estate broker licensed under chapter 18.85
RCW, or an affiliated licensee, who, on behalf of another
negotiates the purchase, sale, lease, or exchange of a manufactured or mobile home in conjunction with the purchase,
sale, exchange, rental, or lease of the land upon which the
manufactured or mobile home is, or will be, located; or
(2004 Ed.)
46.70.011
(g) Owners who are also operators of the special highway construction equipment or of the highway construction
equipment for which a vehicle license and display vehicle
license number plate is required as defined in RCW
46.16.010; or
(h) Any bank, trust company, savings bank, mutual savings bank, savings and loan association, credit union, and any
parent, subsidiary, or affiliate thereof, authorized to do business in this state under state or federal law with respect to the
sale or other disposition of a motor vehicle owned and used in
their business; or with respect to the acquisition and sale or
other disposition of a motor vehicle in which the entity has
acquired an interest as a lessor, lessee, or secured party; or
(i) Any person who is regularly engaged in the business
of acquiring leases or installment contracts by assignment,
with respect to the acquisition and sale or other disposition of
a motor vehicle in which the person has acquired an interest
as a result of the business.
(5) "Vehicle salesperson" means any person who for any
form of compensation sells, auctions, leases with an option to
purchase, or offers to sell or to so lease vehicles on behalf of
a vehicle dealer.
(6) "Department" means the department of licensing,
which shall administer and enforce the provisions of this
chapter.
(7) "Director" means the director of licensing.
(8) "Manufacturer" means any person, firm, association,
corporation, or trust, resident or nonresident, who manufactures or assembles new and unused vehicles or remanufactures vehicles in whole or in part and further includes the
terms:
(a) "Distributor," which means any person, firm, association, corporation, or trust, resident or nonresident, who in
whole or in part offers for sale, sells, or distributes any new
and unused vehicle to vehicle dealers or who maintains factory representatives.
(b) "Factory branch," which means a branch office maintained by a manufacturer for the purpose of selling or offering
for sale, vehicles to a distributor, wholesaler, or vehicle
dealer, or for directing or supervising in whole or in part factory or distributor representatives, and further includes any
sales promotion organization, whether a person, firm, or corporation, which is engaged in promoting the sale of new and
unused vehicles in this state of a particular brand or make to
vehicle dealers.
(c) "Factory representative," which means a representative employed by a manufacturer, distributor, or factory
branch for the purpose of making or promoting for the sale of
their vehicles or for supervising or contracting with their
dealers or prospective dealers.
(9) "Established place of business" means a location
meeting the requirements of RCW 46.70.023(1) at which a
vehicle dealer conducts business in this state.
(10) "Principal place of business" means that dealer
firm's business location in the state, which place the dealer
designates as their principal place of business.
(11) "Subagency" means any place of business of a vehicle dealer within the state, which place is physically and geographically separated from the principal place of business of
the firm or any place of business of a vehicle dealer within the
[Title 46 RCW—page 263]
46.70.021
Title 46 RCW: Motor Vehicles
state, at which place the firm does business using a name
other than the principal name of the firm, or both.
(12) "Temporary subagency" means a location other than
the principal place of business or subagency within the state
where a licensed vehicle dealer may secure a license to conduct the business and is licensed for a period of time not to
exceed ten days for a specific purpose such as auto shows,
shopping center promotions, tent sales, exhibitions, or similar
merchandising ventures. No more than six temporary subagency licenses may be issued to a licensee in any twelvemonth period.
(13) "Wholesale vehicle dealer" means a vehicle dealer
who buys and sells other than at retail.
(14) "Retail vehicle dealer" means a vehicle dealer who
may buy and sell at both wholesale and retail.
(15) "Listing dealer" means a used mobile home dealer
who makes contracts with sellers who will compensate the
dealer for obtaining a willing purchaser for the seller's mobile
home.
(16) "Auction" means a transaction conducted by means
of exchanges between an auctioneer and the members of the
audience, constituting a series of oral invitations for offers for
the purchase of vehicles made by the auctioneer, offers to
purchase by members of the audience, and the acceptance of
the highest or most favorable offer to purchase.
(17) "Auction company" means a sole proprietorship,
partnership, corporation, or other legal or commercial entity
licensed under chapter 18.11 RCW that only sells or offers to
sell vehicles at auction or only arranges or sponsors auctions.
(18) "Buyer's agent" means any person, firm, partnership, association, limited liability company, limited liability
partnership, or corporation retained or employed by a consumer to arrange for or to negotiate, or both, the purchase or
lease of a new motor vehicle on behalf of the consumer, and
who is paid a fee or receives other compensation from the
consumer for its services.
(19) "New motor vehicle" means any motor vehicle that
is self-propelled and is required to be registered and titled
under Title 46 RCW, has not been previously titled to a retail
purchaser or lessee, and is not a "used vehicle" as defined
under RCW 46.04.660. [2001 c 272 § 2; 1998 c 46 § 1; 1996
c 194 § 1; 1993 c 175 § 1. Prior: 1989 c 337 § 11; 1989 c 301
§ 1; 1988 c 287 § 1; 1986 c 241 § 2; 1981 c 305 § 2; 1979 c
158 § 186; 1979 c 11 § 3; prior: 1977 ex.s. c 204 § 2; 1977
ex.s. c 125 § 1; 1973 1st ex.s. c 132 § 2; 1969 ex.s. c 63 § 1;
1967 ex.s. c 74 § 3.]
46.70.021
46.70.021 License required for dealers or manufacturers—Penalties. (1) It is unlawful for any person, firm, or
association to act as a vehicle dealer or vehicle manufacturer,
to engage in business as such, serve in the capacity of such,
advertise himself, herself, or themselves as such, solicit sales
as such, or distribute or transfer vehicles for resale in this
state, without first obtaining and holding a current license as
provided in this chapter, unless the title of the vehicle is in the
name of the seller.
(2) It is unlawful for any person other than a licensed
vehicle dealer to display a vehicle for sale unless the registered owner or legal owner is the displayer or holds a notarized power of attorney.
[Title 46 RCW—page 264]
(3)(a) Except as provided in (b) of this subsection, a person or firm engaged in buying and offering for sale, or buying
and selling five or more vehicles in a twelve-month period, or
in any other way engaged in dealer activity without holding a
vehicle dealer license, is guilty of a gross misdemeanor, and
upon conviction subject to a fine of up to five thousand dollars for each violation and up to one year in jail.
(b) A second offense is a class C felony punishable under
chapter 9A.20 RCW.
(4) A violation of this section is also a per se violation of
chapter 19.86 RCW and is considered a deceptive practice.
(5) The department of licensing, the Washington state
patrol, the attorney general's office, and the department of
revenue shall cooperate in the enforcement of this section.
(6) A distributor, factory branch, or factory representative shall not be required to have a vehicle manufacturer
license so long as the vehicle manufacturer so represented is
properly licensed pursuant to this chapter.
(7) Nothing in this chapter prohibits financial institutions
from cooperating with vehicle dealers licensed under this
chapter in dealer sales or leases. However, financial institutions shall not broker vehicles and cooperation is limited to
organizing, promoting, and financing of such dealer sales or
leases. [2003 c 53 § 249; 1993 c 307 § 4; 1988 c 287 § 2;
1986 c 241 § 3; 1973 1st ex.s. c 132 § 3; 1967 ex.s. c 74 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.70.023
46.70.023 Place of business. (1) An "established place
of business" requires a permanent, enclosed commercial
building located within the state of Washington easily accessible at all reasonable times. The business of a vehicle dealer
must be lawfully carried on at an established place of business in accordance with the terms of all applicable building
code, zoning, and other land-use regulatory ordinances. A
vehicle dealer may display a vehicle for sale only at its established place of business, licensed subagency, or temporary
subagency site, except at auction. The dealer shall keep the
building open to the public so that the public may contact the
vehicle dealer or the dealer's salespersons at all reasonable
times. The books, records, and files necessary to conduct the
business shall be kept and maintained at that place. The
established place of business shall display an exterior sign
with the business name and nature of the business, such as
auto sales, permanently affixed to the land or building, with
letters clearly visible to the major avenue of traffic. A room
or rooms in a hotel, rooming house, or apartment house building or part of a single or multiple-unit dwelling house may
not be considered an "established place of business" unless
the ground floor of such a dwelling is devoted principally to
and occupied for commercial purposes and the dealer offices
are located on the ground floor. A mobile office or mobile
home may be used as an office if it is connected to utilities
and is set up in accordance with state law. A statewide trade
association representing manufactured housing dealers shall
be permitted to use a manufactured home as an office if the
office complies with all other applicable building code, zoning, and other land-use regulatory ordinances. This subsection does not apply to auction companies that do not own
vehicle inventory or sell vehicles from an auction yard.
(2004 Ed.)
Dealers and Manufacturers
(2) An auction company shall have office facilities
within the state. The books, records, and files necessary to
conduct the business shall be maintained at the office facilities. All storage facilities for inventory shall be listed with the
department, and shall meet local zoning and land use ordinances. An auction company shall maintain a telecommunications system.
(3) Auction companies shall post their vehicle dealer
license at each auction where vehicles are offered, and shall
provide the department with the address of the auction at least
three days before the auction.
(4) If a dealer maintains a place of business at more than
one location or under more than one name in this state, he or
she shall designate one location as the principal place of business of the firm, one name as the principal name of the firm,
and all other locations or names as subagencies. A subagency
license is required for each and every subagency: PROVIDED, That the department may grant an exception to the
subagency requirement in the specific instance where a
licensed dealer is unable to locate their used vehicle sales
facilities adjacent to or at the established place of business.
This exception shall be granted and defined under the promulgation of rules consistent with the Administrative Procedure Act.
(5) All vehicle dealers shall maintain ownership or leasehold throughout the license year of the real property from
which they do business. The dealer shall provide the department with evidence of ownership or leasehold whenever the
ownership changes or the lease is terminated.
(6) A subagency shall comply with all requirements of
an established place of business, except that subagency
records may be kept at the principal place of business designated by the dealer. Auction companies shall comply with the
requirements in subsection (2) of this section.
(7) A temporary subagency shall meet all local zoning
and building codes for the type of merchandising being conducted. The dealer license certificate shall be posted at the
location. No other requirements of an established place of
business apply to a temporary subagency. Auction companies
are not required to obtain a temporary subagency license.
(8) A wholesale vehicle dealer shall have office facilities
in a commercial building within this state, and all storage
facilities for inventory shall be listed with the department,
and shall meet local zoning and land use ordinances. A
wholesale vehicle dealer shall maintain a telecommunications system. An exterior sign visible from the nearest street
shall identify the business name and the nature of business.
When two or more vehicle dealer businesses share a location,
all records, office facilities, and inventory, if any, must be
physically segregated and clearly identified.
(9) A retail vehicle dealer shall be open during normal
business hours, maintain office and display facilities in a
commercially zoned location or in a location complying with
all applicable building and land use ordinances, and maintain
a business telephone listing in the local directory. When two
or more vehicle dealer businesses share a location, all
records, office facilities, and inventory shall be physically
segregated and clearly identified.
(10) A subagency license is not required for a mobile
home dealer to display an on-site display model, a consigned
mobile home not relocated from its site, or a repossessed
(2004 Ed.)
46.70.028
mobile home if sales are handled from a principal place of
business or subagency. A mobile home dealer shall identify
on-site display models, repossessed mobile homes, and those
consigned at their sites with a sign that includes the dealer's
name and telephone number.
(11) Every vehicle dealer shall advise the department of
the location of each and every place of business of the firm
and the name or names under which the firm is doing business at such location or locations. If any name or location is
changed, the dealer shall notify the department of such
change within ten days. The license issued by the department
shall reflect the name and location of the firm and shall be
posted in a conspicuous place at that location by the dealer.
(12) A vehicle dealer's license shall upon the death or
incapacity of an individual vehicle dealer authorize the personal representative of such dealer, subject to payment of
license fees, to continue the business for a period of six
months from the date of the death or incapacity. [1997 c 432
§ 1; 1996 c 282 § 1; 1995 c 7 § 1; 1993 c 307 § 5; 1991 c 339
§ 28; 1989 c 301 § 2; 1986 c 241 § 4.]
46.70.025
46.70.025 Established place of business—Waiver of
requirements. The director may by rule waive any requirements pertaining to a vehicle dealer's established place of
business if such waiver both serves the purposes of this chapter and is necessary due to unique circumstances such as a
location divided by a public street or a highly specialized type
of business. [1986 c 199 § 1.]
46.70.027
46.70.027 Accountability of dealer for employees—
Actions for damages on violation of chapter. A vehicle
dealer is accountable for the dealer's employees, sales personnel, and managerial personnel while in the performance of
their official duties. Any violations of this chapter or applicable provisions of chapter 46.12 or 46.16 RCW committed by
any of these employees subjects the dealer to license penalties prescribed under RCW 46.70.101. A retail purchaser,
consignor who is not a motor vehicle dealer, or a motor vehicle dealer who has purchased from a wholesale dealer, who
has suffered a loss or damage by reason of any act by a dealer,
salesperson, managerial person, or other employee of a dealership, that constitutes a violation of this chapter or applicable provisions of chapter 46.12 or 46.16 RCW may institute
an action for recovery against the dealer and the surety bond
as set forth in RCW 46.70.070. However, under this section,
motor vehicle dealers who have purchased from wholesale
dealers may only institute actions against wholesale dealers
and their surety bonds. [1989 c 337 § 12; 1986 c 241 § 5.]
46.70.028
46.70.028 Consignment. Dealers who transact dealer
business by consignment shall obtain a consignment contract
for sale and shall comply with applicable provisions of chapter 46.70 RCW. The dealer shall place all funds received
from the sale of the consigned vehicle in a trust account until
the sale is completed, except that the dealer shall pay any outstanding liens against the vehicle from these funds. Where
title has been delivered to the purchaser, the dealer shall pay
the amount due a consignor within ten days after the sale.
However, in the case of a consignment from a licensed vehicle dealer from any state, the wholesale auto auction shall pay
[Title 46 RCW—page 265]
46.70.029
Title 46 RCW: Motor Vehicles
the consignor within twenty days. [2000 c 131 § 2; 1989 c
337 § 13.]
Severability—2000 c 131: See note following RCW 46.70.115.
46.70.029
46.70.029 Listing dealers, transaction of business.
Listing dealers shall transact dealer business by obtaining a
listing agreement for sale, and the buyer's purchase of the
mobile home shall be handled as dealer inventory. All funds
from the purchaser shall be placed in a trust account until the
sale is completed, except that the dealer shall pay any outstanding liens against the mobile home from these funds.
Where title has been delivered to the purchaser, the listing
dealer shall pay the amount due a seller within ten days after
the sale of a listed mobile home. A complete account of all
funds received and disbursed shall be given to the seller or
consignor after the sale is completed. The sale of listed
mobile homes imposes the same duty under RCW 46.70.122
on the listing dealer as any other sale. [2001 c 64 § 8; 1990 c
250 § 63; 1986 c 241 § 6.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.70.031
46.70.031 Application for license—Form. A vehicle
dealer or vehicle manufacturer may apply for a license by filing with the department an application in such form as the
department may prescribe. [1986 c 241 § 7; 1973 1st ex.s. c
132 § 4; 1967 ex.s. c 74 § 5.]
46.70.041
46.70.041 Application for license—Contents. (1)
Every application for a vehicle dealer license shall contain
the following information to the extent it applies to the applicant:
(a) Proof as the department may require concerning the
applicant's identity, including but not limited to his or her fingerprints, the honesty, truthfulness, and good reputation of
the applicant for the license, or of the officers of a corporation
making the application;
(b) The applicant's form and place of organization
including if the applicant is a corporation, proof that the corporation is licensed to do business in this state;
(c) The qualification and business history of the applicant and any partner, officer, or director;
(d) The applicant's financial condition or history including a bank reference and whether the applicant or any partner,
officer, or director has ever been adjudged bankrupt or has
any unsatisfied judgment in any federal or state court;
(e) Whether the applicant has been adjudged guilty of a
crime which directly relates to the business for which the
license is sought and the time elapsed since the conviction is
less than ten years, or has suffered any judgment within the
preceding five years in any civil action involving fraud, misrepresentation, or conversion and in the case of a corporation
or partnership, all directors, officers, or partners;
(f) A business telephone with a listing in the local directory;
(g) The name or names of new vehicles the vehicle
dealer wishes to sell;
(h) The names and addresses of each manufacturer from
whom the applicant has received a franchise;
(i) A certificate by a representative of the department,
that the applicant's principal place of business and each sub[Title 46 RCW—page 266]
agency business location in the state of Washington meets the
location requirements as required by this chapter. The certificate shall include proof of the applicant's ownership or lease
of the real property where the applicant's principal place of
business is established;
(j) A copy of a current service agreement with a manufacturer, or distributor for a foreign manufacturer, requiring
the applicant, upon demand of any customer receiving a new
vehicle warranty to perform or arrange for, within a reasonable distance of his or her established place of business, the
service repair and replacement work required of the manufacturer or distributor by such vehicle warranty. This requirement applies only to applicants seeking to sell, to exchange,
to offer, to auction, to solicit, to advertise, or to broker new or
current-model vehicles with factory or distributor warranties;
(k) The class of vehicles the vehicle dealer will be buying, selling, listing, exchanging, offering, brokering, leasing,
auctioning, soliciting, or advertising, and which classification
or classifications the dealer wishes to be designated as;
(l) Effective July 1, 2002, a certificate from the provider
of each education program or test showing that the applicant
has completed the education programs and passed the test
required under RCW 46.70.079 if the applicant is a dealer
subject to the education and test requirements;
(m) Any other information the department may reasonably require.
(2) If the applicant is a manufacturer the application shall
contain the following information to the extent it is applicable to the applicant:
(a) The name and address of the principal place of business of the applicant and, if different, the name and address of
the Washington state representative of the applicant;
(b) The name or names under which the applicant will do
business in the state of Washington;
(c) Evidence that the applicant is authorized to do business in the state of Washington;
(d) The name or names of the vehicles that the licensee
manufactures;
(e) The name or names and address or addresses of each
and every distributor, factory branch, and factory representative;
(f) The name or names and address or addresses of resident employees or agents to provide service or repairs to
vehicles located in the state of Washington only under the
terms of any warranty attached to new or unused vehicles
manufactured, unless such manufacturer requires warranty
service to be performed by all of its dealers pursuant to a current service agreement on file with the department;
(g) Any other information the department may reasonably require. [2001 c 272 § 3. Prior: 1993 c 307 § 6; 1993 c
175 § 2; 1990 c 250 § 64; 1986 c 241 § 8; 1979 c 158 § 187;
1977 ex.s. c 125 § 2; 1973 1st ex.s. c 132 § 5; 1971 ex.s. c 74
§ 1; 1969 ex.s. c 63 § 2; 1967 ex.s. c 74 § 6.]
Severability—1990 c 250: See note following RCW 46.16.301.
Requirements of "established place of business": RCW 46.70.023.
46.70.042
46.70.042 Application for license—Retention by
department—Confidentiality. Every application for
license shall be retained by the department for a period of
three years and shall be confidential information for the use
(2004 Ed.)
Dealers and Manufacturers
of the department, the attorney general or the prosecuting
attorney only: PROVIDED, That upon a showing of good
cause therefor any court in which an action is pending by or
against the applicant or licensee, may order the director to
produce and permit the inspection and copying or photographing the application and any accompanying statements.
[1967 ex.s. c 74 § 14.]
46.70.045
46.70.045 Denial of license. The director may deny a
license under this chapter when the application is a subterfuge that conceals the real person in interest whose license
has been denied, suspended, or revoked for cause under this
chapter and the terms have not been fulfilled or a civil penalty
has not been paid, or the director finds that the application
was not filed in good faith. This section does not preclude the
department from taking an action against a current licensee.
[1997 c 432 § 2.]
46.70.051
46.70.051 Issuance of license—Private party dissemination of vehicle data base. (1) After the application has
been filed, the fee paid, and bond posted, if required, the
department shall, if no denial order is in effect and no proceeding is pending under RCW 46.70.101, issue the appropriate license, which license, in the case of a vehicle dealer, shall
designate the classification of the dealer. Nothing prohibits a
vehicle dealer from obtaining licenses for more than one classification, and nothing prevents any vehicle dealer from dealing in other classes of vehicles on an isolated basis.
(2) An auction company licensed under chapter 18.11
RCW may sell at auction all classifications of vehicles under
a motor vehicle dealer's license issued under this chapter
including motor vehicles, miscellaneous type vehicles, and
mobile homes and travel trailers.
(3) At the time the department issues a vehicle dealer
license, the department shall provide to the dealer a current,
up-to-date vehicle dealer manual that may be provided electronically setting forth the various statutes and rules applicable to vehicle dealers. In addition, at the time any such license
is renewed under RCW 46.70.083, the department shall provide the dealer with any updates or current revisions to the
vehicle dealer manual. These updates or current revisions
may be provided electronically.
(4) The department may contract with responsible private parties to provide them elements of the vehicle data base
on a regular basis. The private parties may only disseminate
this information to licensed vehicle dealers.
(a) Subject to the disclosure agreement provisions of
RCW 46.12.380 and the requirements of Executive Order 9701, the department may provide to the contracted private parties the following information:
(i) All vehicle and title data necessary to accurately disclose known title defects, brands, or flags and odometer discrepancies;
(ii) All registered and legal owner information necessary
to determine true ownership of the vehicle and the existence
of any recorded liens, including but not limited to liens of the
department of social and health services or its successor; and
(iii) Any data in the department's possession necessary to
calculate the motor vehicle excise tax, license, and registration fees including information necessary to determine the
(2004 Ed.)
46.70.061
applicability of regional transit authority excise and use tax
surcharges.
(b) The department may provide this information in any
form the contracted private party and the department agree
upon, but if the data is to be transmitted over the Internet or
similar public network from the department to the contracted
private party, it must be encrypted.
(c) The department shall give these contracted private
parties advance written notice of any change in the information referred to in (a)(i), (ii), or (iii) of this subsection, including information pertaining to the calculation of motor vehicle
excise taxes.
(d) The department shall revoke a contract made under
this subsection (4) with a private party who disseminates
information from the vehicle data base to anyone other than a
licensed vehicle dealer. A private party who obtains information from the vehicle data base under a contract with the
department and disseminates any of that information to anyone other than a licensed vehicle dealer is guilty of a gross
misdemeanor punishable under chapter 9A.20 RCW.
(e) Nothing in this subsection (4) authorizes a vehicle
dealer or any other organization or entity not otherwise
appointed as a vehicle licensing subagent under RCW
46.01.140 to perform any of the functions of a vehicle licensing subagent so appointed. [2001 c 272 § 4; 1997 c 432 § 4;
1996 c 282 § 2; 1993 c 307 § 7; 1989 c 301 § 3; 1973 1st ex.s.
c 132 § 6; 1971 ex.s. c 74 § 2; 1967 ex.s. c 74 § 7.]
46.70.061 Fees—Disposition. (1) The annual fees for
original licenses issued for twelve consecutive months from
the date of issuance under this chapter shall be:
(a) Vehicle dealers, principal place of business for each
and every license classification: Seven hundred fifty dollars;
(b) Vehicle dealers, each subagency, and temporary subagency: One hundred dollars;
(c) Vehicle manufacturers: Five hundred dollars.
(2) The annual fee for renewal of any license issued pursuant to this chapter shall be:
(a) Vehicle dealers, principal place of business for each
and every license classification: Two hundred fifty dollars;
(b) Vehicle dealer, each and every subagency: Twentyfive dollars;
(c) Vehicle manufacturers: Two hundred fifty dollars.
If any licensee fails or neglects to apply for such renewal
within thirty days after the expiration of the license, or
assigned renewal date under a staggered licensing system, the
license shall be declared canceled by the director, in which
case the licensee will be required to apply for an original
license and pay the fee required for the original license.
(3) The fee for the transfer to another location of any
license classification issued pursuant to this chapter shall be
twenty-five dollars.
(4) The fee for vehicle dealer license plates and manufacturer license plates shall be the amount required by law for
vehicle license plates exclusive of excise tax and gross
weight and tonnage fees.
(5) All fees collected under this chapter shall be deposited in the state treasury and credited to the motor vehicle
fund.
(6) The fees prescribed in this section are in addition to
any excise taxes imposed by chapter 82.44 RCW. [2002 c
46.70.061
[Title 46 RCW—page 267]
46.70.070
Title 46 RCW: Motor Vehicles
352 § 23; 1990 c 250 § 65; 1986 c 241 § 10; 1986 c 241 § 9;
1979 ex.s. c 251 § 1; 1973 1st ex.s. c 132 § 7; 1967 ex.s. c 74
§ 13.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
Severability—1990 c 250: See note following RCW 46.16.301.
Effective dates—1986 c 241: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect immediately, except section 9 of this act shall take effect July 1, 1986, and section
10 of this act shall take effect July 1, 1987." [1986 c 241 § 28.]
46.70.070
46.70.070 Dealers—Bond required, exceptions—
Actions—Cancellation of license. (1) Before issuing a vehicle dealer's license, the department shall require the applicant
to file with the department a surety bond in the amount of:
(a) Thirty thousand dollars for motor vehicle dealers;
(b) Thirty thousand dollars for mobile home, park trailer,
and travel trailer dealers;
(c) Five thousand dollars for miscellaneous dealers,
running to the state, and executed by a surety company authorized to do business in the state. Such bond shall be approved
by the attorney general as to form and conditioned that the
dealer shall conduct his or her business in conformity with
the provisions of this chapter.
Any retail purchaser, consignor who is not a motor vehicle dealer, or a motor vehicle dealer who has purchased from,
sold to, or otherwise transacted business with a wholesale
dealer, who has suffered any loss or damage by reason of any
act by a dealer which constitutes a violation of this chapter
shall have the right to institute an action for recovery against
such dealer and the surety upon such bond. However, under
this section, motor vehicle dealers who have purchased from,
sold to, or otherwise transacted business with wholesale dealers may only institute actions against wholesale dealers and
their surety bonds. Successive recoveries against said bond
shall be permitted, but the aggregate liability of the surety to
all persons shall in no event exceed the amount of the bond.
Upon exhaustion of the penalty of said bond or cancellation
of the bond by the surety the vehicle dealer license shall automatically be deemed canceled.
(2) The bond for any vehicle dealer licensed or to be
licensed under more than one classification shall be the highest bond required for any such classification.
(3) Vehicle dealers shall maintain a bond for each business location in this state and bond coverage for all temporary
subagencies. [2001 c 272 § 13; 1996 c 194 § 2; 1989 c 337 §
15; 1986 c 241 § 11; 1981 c 152 § 1; 1973 1st ex.s. c 132 § 8;
1971 ex.s. c 74 § 4; 1967 ex.s. c 74 § 27; 1961 c 239 § 1; 1961
c 12 § 46.70.070. Prior: 1959 c 166 § 19; 1951 c 150 § 8.]
46.70.075
46.70.075 Manufacturers—Bond required—
Actions—Cancellation of license. Before issuing a manufacturer license to a manufacturer of mobile homes or travel
trailers, the department shall require the applicant to file with
the department a surety bond in the amount of forty thousand
dollars in the case of a mobile home manufacturer and twenty
thousand dollars in the case of a travel trailer manufacturer,
running to the state and executed by a surety company authorized to do business in the state. Such bond shall be approved
by the attorney general as to form and conditioned that the
manufacturer shall conduct his business in conformity with
[Title 46 RCW—page 268]
the provisions of this chapter and with all standards set by the
state of Washington or the federal government pertaining to
the construction or safety of such vehicles. Any retail purchaser or vehicle dealer who has suffered any loss or damage
by reason of breach of warranty or by any act by a manufacturer which constitutes a violation of this chapter or a violation of any standards set by the state of Washington or the
federal government pertaining to construction or safety of
such vehicles has the right to institute an action for recovery
against such manufacturer and the surety upon such bond.
Successive recoveries against the bond shall be permitted, but
the aggregate liability of the surety to all persons shall in no
event exceed the amount of the bond. Upon exhaustion of the
penalty of the bond or cancellation of the bond by the surety
the manufacturer license is automatically deemed canceled.
[1981 c 152 § 3; 1973 1st ex.s. c 132 § 9.]
46.70.079 Education requirements. (1) Except as provided in subsection (2) of this section, the following education requirements apply to an applicant for a vehicle dealer
license under RCW 46.70.021:
(a) An applicant for a vehicle dealer license under RCW
46.70.021 must complete a minimum of eight hours of
approved education programs described in subsection (3) of
this section and pass a test prior to submitting an application
for the license; and
(b) An applicant for a renewal of a vehicle dealer license
under RCW 46.70.083 must complete a minimum of five
hours per year in a licensing period of approved continuing
education programs described in subsection (3) of this section prior to submitting an application for the renewal of the
vehicle dealer license.
(2) The education and test requirements in subsection (1)
of this section do not apply to an applicant for a vehicle dealer
license under RCW 46.70.021 if the applicant is:
(a) A franchised dealer of new recreational vehicles;
(b) A nationally franchised or corporate-owned motor
vehicle rental company;
(c) A dealer of manufactured dwellings;
(d) A national auction company that holds a vehicle
dealer license and a wrecker license whose primary activity
in this state is the sale or disposition of totaled vehicles; or
(e) A wholesale auto auction company that holds a vehicle dealer license.
(3) The education programs and test required in subsection (1) of this section shall be developed by motor vehicle
industry organizations including, but not limited to, the state
independent auto dealers association and the department of
licensing.
(4) A new motor vehicle dealer, as defined under RCW
46.96.020, is deemed to have met the education and test
requirements required for applicants for a vehicle dealer
license under this section. [2001 c 272 § 12.]
46.70.079
Effective date—2001 c 272 § 12: "Section 12 of this act takes effect
July 1, 2002." [2001 c 272 § 14.]
46.70.083 Expiration of license—Renewal—Certification of established place of business. The license of a
vehicle dealer or a vehicle manufacturer expires on the date
that is twelve consecutive months from the date of issuance.
The license may be renewed by filing with the department
46.70.083
(2004 Ed.)
Dealers and Manufacturers
prior to the expiration of the license, a renewal application
containing such information as the department may require to
indicate the number of vehicle sales transacted during the
past year, and any material change in the information contained in the original application. Failure by the dealer to
comply is grounds for denial of the renewal application or
dealer license plate renewal.
The dealer's established place of business shall be certified by a representative of the department at least once every
thirty-six months, or more frequently as determined necessary by the department. The certification will verify compliance with the requirements of this chapter for an established
place of business. Failure by the dealer to comply at any time
is grounds for license suspension or revocation, denial of the
renewal application, or monetary assessment. [1993 c 307 §
8; 1991 c 140 § 2; 1990 c 250 § 66; 1986 c 241 § 12; 1985 c
109 § 1; 1973 1st ex.s. c 132 § 12; 1971 ex.s. c 74 § 6; 1967
ex.s. c 74 § 10.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.70.085
46.70.085 Licenses—Staggered renewal. Notwithstanding any provision of law to the contrary, the director
may extend or diminish licensing periods of dealers and manufacturers for the purpose of staggering renewal periods. The
extension or diminishment shall be by rule of the department
adopted in accordance with chapter 34.05 RCW. [1990 c 250
§ 67; 1985 c 109 § 2.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.70.090
46.70.090 License plates—Use. (1) The department
shall issue a vehicle dealer license plate which shall be
attached to the rear of the vehicle only and which is capable
of distinguishing the classification of the dealer, to vehicle
dealers properly licensed pursuant to this chapter and shall,
upon application, issue manufacturer's license plates to manufacturers properly licensed pursuant to this chapter.
(2) The department shall issue to a vehicle dealer up to
three vehicle dealer license plates. After the third dealer plate
is issued, the department shall limit the number of dealer
plates to six percent of the vehicles sold during the preceding
license period. For an original license the vehicle dealer
license applicant shall estimate the first year's sales or leases.
The director or director's designee may waive these dealer
plate issuance restrictions for a vehicle dealer if the waiver
both serves the purposes of this chapter and is essential to the
continuation of the business. The director shall adopt rules to
implement this waiver.
(3) Motor vehicle dealer license plates may be used:
(a) To demonstrate motor vehicles held for sale or lease
when operated by an individual holding a valid operator's
license, if a dated demonstration permit, valid for no more
than seventy-two hours, is carried in the vehicle at all times it
is operated by any such individual.
(b) On motor vehicles owned, held for sale or lease, and
which are in fact available for sale or lease by the firm when
operated by an officer of the corporation, partnership, or proprietorship or by their spouses, or by an employee of the firm,
if a card so identifying any such individual is carried in the
vehicle at all times it is operated by such individual. Any such
vehicle so operated may be used to transport the dealer's own
(2004 Ed.)
46.70.090
tools, parts, and equipment of a total weight not to exceed
five hundred pounds.
(c) On motor vehicles being tested for repair.
(d) On motor vehicles being moved to or from a motor
vehicle dealer's place of business for sale.
(e) On motor vehicles being moved to or from motor
vehicle service and repair facilities before sale or lease.
(f) On motor vehicles being moved to or from motor
vehicle exhibitions within the state of Washington, if any
such exhibition does not exceed a period of twenty days.
(4) Mobile home and travel trailer dealer license plates
may be used:
(a) On units hauled to or from the place of business of the
manufacturer and the place of business of the dealer or to and
from places of business of the dealer.
(b) On mobile homes hauled to a customer's location for
set-up after sale.
(c) On travel trailers held for sale to demonstrate the
towing capability of the vehicle if a dated demonstration permit, valid for not more than seventy-two hours, is carried
with the vehicle at all times.
(d) On mobile homes being hauled from a customer's
location if the requirements of RCW 46.44.170 and
46.44.175 are met.
(e) On any motor vehicle owned by the dealer which is
used only to move vehicles legally bearing mobile home and
travel trailer dealer license plates of the dealer so owning any
such motor vehicle.
(f) On vehicles being moved to or from vehicle exhibitions within the state of Washington, if any such exhibition
does not exceed a period of twenty days.
(5) Miscellaneous vehicle dealer license plates may be
used:
(a) To demonstrate any miscellaneous vehicle: PROVIDED, That:
(i) No such vehicle may be demonstrated on a public
highway unless the customer has an appropriate endorsement
on his or her driver's license, if such endorsement is required
to operate such vehicle; and
(ii) A dated demonstration permit, valid for no more than
seventy-two hours, is carried with the vehicle at all times it is
operated by any such individual.
(b) On vehicles owned, held for sale, and which are in
fact available for sale, by the firm when operated by an
officer of the corporation, partnership, or proprietorship or by
a bona fide full-time employee of the firm, if a card so identifying such individual is carried in the vehicle at all times it
is operated by him or her.
(c) On vehicles being tested for repair.
(d) On vehicles being transported to or from the place of
business of the manufacturer and the place of business of the
dealer or to and from places of business of the dealer.
(e) On vehicles on which any other item sold or to be
sold by the dealer is transported from the place of business of
the manufacturer to the place of business of the dealer or to
and from places of business of the dealer if such vehicle and
such item are purchased or sold as one package.
(6) Manufacturers properly licensed pursuant to this
chapter may apply for and obtain manufacturer license plates
and may be used:
[Title 46 RCW—page 269]
46.70.101
Title 46 RCW: Motor Vehicles
(a) On vehicles being moved to or from the place of business of a manufacturer to a vehicle dealer within this state
who is properly licensed pursuant to this chapter.
(b) To test vehicles for repair.
(7) Vehicle dealer license plates and manufacturer
license plates shall not be used for any purpose other than set
forth in this section and specifically shall not be:
(a) Used on any vehicle not within the class for which the
vehicle dealer or manufacturer license plates are issued
unless specifically provided for in this section.
(b) Loaned to any person for any reason not specifically
provided for in this section.
(c) Used on any vehicles for the transportation of any
person, produce, freight, or commodities unless specifically
provided for in this section, except there shall be permitted
the use of such vehicle dealer license plates on a vehicle
transporting commodities in the course of a demonstration
over a period not to exceed seventy-two consecutive hours
from the commencement of such demonstration, if a representative of the dealer is present and accompanies such vehicle during the course of the demonstration.
(d) Used on any vehicle sold to a resident of another state
to transport such vehicle to that other state in lieu of a trip
permit or in lieu of vehicle license plates obtained from that
other state.
(e) Used on any new vehicle unless the vehicle dealer
has provided the department a current service agreement with
the manufacturer or distributor of that vehicle as provided in
RCW 46.70.041(1)(k).
(8) In addition to or in lieu of any sanction imposed by
the director pursuant to RCW 46.70.101 for unauthorized use
of vehicle dealer license plates or manufacturer license
plates, the director may order that any or all vehicle dealer
license plates or manufacturer license plates issued pursuant
to this chapter be confiscated for such period as the director
deems appropriate. [2001 c 272 § 5; 1994 c 262 § 10; 1992 c
222 § 2; 1991 c 140 § 1; 1983 c 3 § 123; 1981 c 152 § 4; 1973
1st ex.s. c 132 § 13; 1971 ex.s. c 74 § 7; 1969 ex.s. c 63 § 3;
1961 c 12 § 46.70.090. Prior: 1955 c 283 § 1; 1951 c 150 §
10.]
46.70.101 Denial, suspension, or revocation of
licenses—Grounds. The director may by order deny, suspend, or revoke the license of any vehicle dealer or vehicle
manufacturer or, in lieu thereof or in addition thereto, may by
order assess monetary penalties of a civil nature not to exceed
one thousand dollars per violation, if the director finds that
the order is in the public interest and that the applicant or licensee:
(1) In the case of a vehicle dealer:
(a) The applicant or licensee, or any partner, officer,
director, owner of ten percent or more of the assets of the
firm, or managing employee:
(i) Was the holder of a license issued pursuant to this
chapter, which was revoked for cause and never reissued by
the department, or which license was suspended for cause
and the terms of the suspension have not been fulfilled or
which license was assessed a civil penalty and the assessed
amount has not been paid;
(ii) Has been adjudged guilty of a crime which directly
relates to the business of a vehicle dealer and the time elapsed
46.70.101
[Title 46 RCW—page 270]
since the adjudication is less than ten years, or suffering any
judgment within the preceding five years in any civil action
involving fraud, misrepresentation, or conversion. For the
purposes of this section, adjudged guilty shall mean in addition to a final conviction in either a state or municipal court,
an unvacated forfeiture of bail or collateral deposited to
secure a defendant's appearance in court, the payment of a
fine, a plea of guilty, or a finding of guilt regardless of
whether the sentence is deferred or the penalty is suspended;
(iii) Has knowingly or with reason to know made a false
statement of a material fact in his or her application for
license or any data attached thereto, or in any matter under
investigation by the department;
(iv) Has knowingly, or with reason to know, provided
the department with false information relating to the number
of vehicle sales transacted during the past one year in order to
obtain a vehicle dealer license plate;
(v) Does not have an established place of business as
required in this chapter;
(vi) Refuses to allow representatives or agents of the
department to inspect during normal business hours all
books, records, and files maintained within this state;
(vii) Sells, exchanges, offers, brokers, auctions, solicits,
or advertises a new or current model vehicle to which a factory new vehicle warranty attaches and fails to have a valid,
written service agreement as required by this chapter, or having such agreement refuses to honor the terms of such agreement within a reasonable time or repudiates the same, except
for sales by wholesale motor vehicle auction dealers to franchise motor vehicle dealers of the same make licensed under
Title 46 RCW or franchise motor vehicle dealers of the same
make licensed by any other state;
(viii) Is insolvent, either in the sense that their liabilities
exceed their assets, or in the sense that they cannot meet their
obligations as they mature;
(ix) Fails to pay any civil monetary penalty assessed by
the director pursuant to this section within ten days after such
assessment becomes final;
(x) Fails to notify the department of bankruptcy proceedings in the manner required by RCW 46.70.183;
(xi) Knowingly, or with reason to know, allows a salesperson employed by the dealer, or acting as their agent, to
commit any of the prohibited practices set forth in subsection
(1)(a) of this section and RCW 46.70.180;
(xii) Fails to have a current certificate or registration
with the department of revenue.
(b) The applicant or licensee, or any partner, officer,
director, owner of ten percent of the assets of the firm, or any
employee or agent:
(i) Has failed to comply with the applicable provisions of
chapter 46.12 or 46.16 RCW or this chapter or any rules and
regulations adopted thereunder;
(ii) Has defrauded or attempted to defraud the state, or a
political subdivision thereof of any taxes or fees in connection with the sale, lease, or transfer of a vehicle;
(iii) Has forged the signature of the registered or legal
owner on a certificate of title;
(iv) Has purchased, sold, disposed of, or has in his or her
possession any vehicle which he or she knows or has reason
to know has been stolen or appropriated without the consent
of the owner;
(2004 Ed.)
Dealers and Manufacturers
(v) Has willfully failed to deliver to a purchaser or owner
a certificate of ownership to a vehicle which he or she has
sold or leased;
(vi) Has committed any act in violation of RCW
46.70.090 relating to vehicle dealer license plates or manufacturer license plates;
(vii) Has committed any act in violation of RCW
46.70.180 relating to unlawful acts and practices;
(viii) Has engaged in practices inimical to the health or
safety of the citizens of the state of Washington including but
not limited to failure to comply with standards set by the state
of Washington or the federal government pertaining to the
construction or safety of vehicles, except for sales by wholesale motor vehicle auction dealers to motor vehicle dealers
and vehicle wreckers licensed under Title 46 RCW or motor
vehicle dealers licensed by any other state;
(ix) Has aided or assisted an unlicensed dealer or salesperson in unlawful activity through active or passive participation in sales, allowing use of facilities, dealer license number, or by any other means;
(x) Converts or appropriates, whether temporarily or permanently, property or funds belonging to a customer, dealer,
or manufacturer, without the consent of the owner of the
property or funds; or
(xi) Has sold any vehicle with actual knowledge that:
(A) It has any of the following brands on the title: "SALVAGE/REBUILT," "JUNK," or "DESTROYED"; or
(B) It has been declared totaled out by an insurance carrier and then rebuilt; or
(C) The vehicle title contains the specific comment that
the vehicle is "rebuilt";
without clearly disclosing that brand or comment in writing.
(c) The licensee or any partner, officer, director, or
owner of ten percent or more of the assets of the firm holds or
has held any such position in any other vehicle dealership
licensed pursuant to this chapter which is subject to final proceedings under this section.
(2) In the case of a manufacturer, or any partner, officer,
director, or majority shareholder:
(a) Was or is the holder of a license issued pursuant to
this chapter which was revoked for cause and never reissued
by the department, or which license was suspended for cause
and the terms of the suspension have not been fulfilled, or
which license was assessed a civil penalty and the assessed
amount has not been paid;
(b) Has knowingly or with reason to know, made a false
statement of a material fact in his or her application for
license, or any data attached thereto, or in any matter under
investigation by the department;
(c) Has failed to comply with the applicable provisions
of chapter 46.12 or 46.16 RCW or this chapter or any rules
and regulations adopted thereunder;
(d) Has defrauded or attempted to defraud the state or a
political subdivision thereof, of any taxes or fees in connection with the sale, lease, or transfer of a vehicle;
(e) Has purchased, sold, leased, disposed of, or has in his
or her possession, any vehicle which he or she knows or has
reason to know has been stolen or appropriated without the
consent of the owner;
(2004 Ed.)
46.70.102
(f) Has committed any act in violation of RCW
46.70.090 relating to vehicle dealer license plates and manufacturer license plates;
(g) Has committed any act in violation of RCW
46.70.180 relating to unlawful acts and practices;
(h) Sells or distributes in this state or transfers into this
state for resale or for lease, any new or unused vehicle to
which a warranty attaches or has attached and refuses to
honor the terms of such warranty within a reasonable time or
repudiates the same;
(i) Fails to maintain one or more resident employees or
agents to provide service or repairs to vehicles located within
the state of Washington only under the terms of any warranty
attached to new or unused vehicles manufactured and which
are or have been sold or distributed in this state or transferred
into this state for resale or for lease unless such manufacturer
requires warranty service to be performed by all of its dealers
pursuant to a current service agreement on file with the
department;
(j) Fails to reimburse within a reasonable time any vehicle dealer within the state of Washington who in good faith
incurs reasonable obligations in giving effect to warranties
that attach or have attached to any new or unused vehicle
sold, leased, or distributed in this state or transferred into this
state for resale or for lease by any such manufacturer;
(k) Engaged in practices inimical to the health and safety
of the citizens of the state of Washington including but not
limited to failure to comply with standards set by the state of
Washington or the federal government pertaining to the construction and safety of vehicles;
(l) Is insolvent either in the sense that his or her liabilities
exceed his or her assets or in the sense that he or she cannot
meet his or her obligations as they mature;
(m) Fails to notify the department of bankruptcy proceedings in the manner required by RCW 46.70.183. [2001 c
272 § 6; 1998 c 282 § 7; 1996 c 282 § 3; 1991 c 140 § 3; 1989
c 337 § 16; 1986 c 241 § 13; 1981 c 152 § 5; 1977 ex.s. c 125
§ 3; 1973 1st ex.s. c 132 § 14; 1969 ex.s. c 63 § 4; 1967 ex.s.
c 74 § 11.]
46.70.102
46.70.102 Denial, suspension, or revocation of
licenses—Notice, hearing, procedure. Upon the entry of
the order under RCW 46.70.101 the director shall promptly
notify the applicant or licensee that the order has been entered
and of the reasons therefor and that if requested by the applicant or licensee within fifteen days after the receipt of the
director's notification, the matter will be promptly set down
for hearing pursuant to chapter 34.05 RCW. If no hearing is
requested and none is ordered by the director, the order will
remain in effect until it is modified or vacated by the director.
If a hearing is requested or ordered, the director, or his personal representative, after notice of and opportunity for hearing, may modify or vacate the order, or extend it until final
determination. No final order may be entered under RCW
46.70.101 denying or revoking a license without appropriate
prior notice to the applicant or licensee, opportunity for hearing, and written findings of fact and conclusions of law.
[1986 c 241 § 14; 1967 ex.s. c 74 § 12.]
[Title 46 RCW—page 271]
46.70.111
Title 46 RCW: Motor Vehicles
46.70.111
46.70.111 Investigations or proceedings—Powers of
director or designees—Penalty. For the purpose of any
investigation or proceeding under this chapter, the director or
any officer designated by him may administer oaths and affirmations, subpoena witnesses, compel their attendance, take
evidence, and require the production of any books, papers,
correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry.
(1) In case of contumacy by, or refusal to obey a subpoena issued to, any person, any court of competent jurisdiction, upon application by the director, may issue to that person an order requiring him to appear before the director, or
the officer designated by him, to produce documentary or
other evidence touching the matter under investigation or in
question. The failure to obey an order of the court may be
punishable by contempt. [1967 ex.s. c 74 § 15.]
46.70.115
46.70.115 Cease and desist orders—"Curbstoning,"
penalty. (1) If it appears to the director that a person has
engaged or is about to engage in an act or practice constituting a violation of this chapter, or a rule adopted or an order
issued under this chapter, the director may issue an order
directing the person to cease and desist from continuing the
act or practice. Reasonable notice of and opportunity for a
hearing shall be given. The director may issue a temporary
order pending a hearing. The temporary order shall remain in
effect until ten days after the hearing is held and shall become
final if the person to whom the notice is addressed does not
request a hearing within fifteen days after receipt of the
notice.
(2) The director may levy and collect a civil penalty, in
an amount not to exceed one thousand dollars for each violation, against a person found by the director to be curbstoning,
as that term is defined in subsection (3) of this section. A person against whom a civil penalty has been imposed must
receive reasonable notice and an opportunity for a hearing on
the issue. The civil penalty is due ten days after issuance of a
final order.
(3) For the purposes of subsection (2) of this section,"curbstoning" means a person or firm engaged in buying
and offering for sale, or buying and selling, five or more vehicles that are each less than thirty years old in a twelve-month
period without holding a vehicle dealer license. For the purpose of subsections (1) and (2) of this section, "curbstoning"
does not include the sale of equipment or vehicles used in
farming as defined in RCW 46.04.183 and sold by a farmer as
defined in RCW 46.04.182. [2000 c 131 § 1; 1986 c 241 §
15.]
Severability—2000 c 131: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2000 c 131 § 3.]
46.70.120
46.70.120 Record of transactions. A dealer shall complete and maintain for a period of at least five years a record
of the purchase and sale or lease of all vehicles purchased,
sold, or leased by him or her. The records shall consist of:
(1) The license and title numbers of the state in which the
last license was issued;
(2) A description of the vehicle;
[Title 46 RCW—page 272]
(3) The name and address of the person from whom purchased;
(4) The name of the legal owner, if any;
(5) The name and address of the purchaser or lessee;
(6) If purchased from a dealer, the name, business
address, dealer license number, and resale tax number of the
dealer;
(7) The price paid for the vehicle and the method of payment;
(8) The vehicle odometer disclosure statement given by
the seller to the dealer, and the vehicle odometer disclosure
statement given by the dealer to the purchaser or lessee;
(9) The written agreement to allow a dealer to sell
between the dealer and the consignor, or the listing dealer and
the seller;
(10) Trust account records of receipts, deposits, and
withdrawals;
(11) All sale documents, which shall show the full name
of dealer employees involved in the sale or lease; and
(12) Any additional information the department may
require. However, the department may not require a dealer to
collect or retain the hardback copy of a temporary license
permit after the permanent license plates for a vehicle have
been provided to the purchaser or lessee, if the dealer maintains some other copy of the temporary license permit
together with a log of the permits issued.
Such records shall be maintained separate from all other
business records of the dealer. Records older than two years
may be kept at a location other than the dealer's place of business if those records are made available in hard copy for
inspection within three calendar days, exclusive of Saturday,
Sunday, or a legal holiday, after a request by the director or
the director's authorized agent. Records kept at the vehicle
dealer's place of business must be available for inspection by
the director or the director's authorized agent during normal
business hours.
Dealers may maintain their recordkeeping and filing systems in accordance with their own particular business needs
and practices. Nothing in this chapter requires dealers to
maintain their records in any particular order or manner, as
long as the records identified in this section are maintained in
the dealership's recordkeeping system. [2001 c 272 § 7; 1996
c 282 § 4; 1990 c 238 § 7; 1986 c 241 § 16; 1973 1st ex.s. c
132 § 15; 1961 c 12 § 46.70.120. Prior: 1951 c 150 § 15.]
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
Odometer disclosure statement: RCW 46.12.124.
46.70.122 Duty when purchaser or transferee is a
dealer. (1) If the purchaser or transferee is a dealer he or she
shall, on selling, leasing, or otherwise disposing of the vehicle, promptly execute the assignment and warranty of title, in
such form as the director shall prescribe.
(2) The assignment and warranty shall show any secured
party holding a security interest created or reserved at the
time of resale or lease, to which shall be attached the assigned
certificates of ownership and license registration received by
the dealer. The dealer shall mail or deliver them to the department with the transferee's application for the issuance of new
certificates of ownership and license registration. The title
certificate issued for a vehicle possessed by a dealer and sub46.70.122
(2004 Ed.)
Dealers and Manufacturers
ject to a security interest shall be delivered to the secured
party who upon request of the dealer's transferee shall, unless
the transfer was a breach of the security agreement, either
deliver the certificate to the transferee for transmission to the
department, or upon receipt from the transferee of the owner's
bill of sale or sale document, the transferee's application for a
new certificate and the required fee, mail or deliver to the
department. Failure of a dealer to deliver the title certificate
to the secured party does not affect perfection of the security
interest. [2001 c 272 § 8; 1990 c 238 § 5; 1975 c 25 § 11;
1972 ex.s. c 99 § 3; 1967 c 140 § 2; 1961 c 12 § 46.12.120.
Prior: 1959 c 166 § 10; prior: 1947 c 164 § 4(c); 1937 c 188
§ 6(c); Rem. Supp. 1947 § 6312-6(c). Formerly RCW
46.12.120.]
Effective date, implementation—1990 c 238: See note following
RCW 46.12.030.
Effective date—1967 c 140: See note following RCW 46.12.010.
Definitions: RCW 46.12.005.
46.70.124
46.70.124 Evidence of ownership for dealers' used
vehicles—Consignments. Vehicle dealers shall possess a
separate certificate of ownership or other evidence of ownership approved by the department for each used vehicle kept in
the dealer's possession. Evidence of ownership shall be either
in the name of the dealer or in the name of the dealer's immediate vendor properly assigned. In the case of consigned vehicles, the vehicle dealer may possess a completed consignment contract that includes a guaranteed title from the seller
in lieu of the required certificate of ownership. [1994 c 262 §
11; 1990 c 250 § 29; 1961 c 12 § 46.12.140. Prior: 1959 c
166 § 12; prior: 1947 c 164 § 4(e); 1937 c 188 § 6(e); Rem.
Supp. 1947 § 6312-6(e). Formerly RCW 46.12.140.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.70.125
46.70.125 Used vehicles—Asking price, posting or
disclosure. A vehicle dealer who sells used vehicles shall
either display on the vehicle, or disclose upon request, the
written asking price of a specific vehicle offered for sale by
the dealer as of that time.
A violation of this section is an unfair business practice
under chapter 19.86 RCW, the Consumer Protection Act, and
the provisions of chapter 46.70 RCW. [1986 c 165 § 1.]
46.70.130
46.70.130 Details of charges must be furnished buyer
or mortgagor. (1) Before the execution of a contract or chattel mortgage or the consummation of the sale or lease of any
vehicle, the seller must furnish the buyer or lessee an itemization in writing signed by the seller separately disclosing to the
buyer or lessee the finance charge, insurance costs, taxes, and
other charges which are paid or to be paid by the buyer or lessee.
(2) Notwithstanding subsection (1) of this section, an
itemization of the various license and title fees paid or to be
paid by the buyer or lessee, which itemization must be the
same as that disclosed on the registration/application for title
document issued by the department, may be required only on
the title application at the time the application is submitted
for title transfer. A vehicle dealer may not be required to separately or individually itemize the license and title fees on
any other document, including but not limited to the purchase
(2004 Ed.)
46.70.135
order and lease agreement. No fee itemization may be
required on the temporary permit. [2001 c 272 § 9; 1996 c
282 § 5; 1973 1st ex.s. c 132 § 16; 1961 c 12 § 46.70.130.
Prior: 1951 c 150 § 16.]
46.70.132 Manufactured home sale—Implied warranty. (1) In addition to the requirements contained in RCW
46.70.135, each sale of a new manufactured home in this
state is made with an implied warranty that the manufactured
home conforms in all material aspects to applicable federal
and state laws and regulations establishing standards of
safety or quality, and with implied warranties of merchantability and fitness for a particular purpose as permanent housing in the climate of the state.
(2) The implied warranties contained in this section may
not be waived, limited, or modified. Any provision that
attempts to waive, limit, or modify the implied warranties
contained in this section is void and unenforceable. [1994 c
284 § 9.]
46.70.132
Severability—Effective date—1994 c 284: See RCW 43.63B.900 and
43.63B.901.
46.70.134 Manufactured home installation—Warranty, state installation code. Any dealer, manufacturer, or
contractor who installs a manufactured home warrants that
the manufactured home is installed in accordance with the
state installation code, chapter 296-150B WAC. The warranty contained in this section may not be waived, limited, or
modified. Any provision attempting to waive, limit, or modify the warranty contained in this section is void and unenforceable. This section does not apply when the manufactured home is installed by the purchaser of the home. [1994
c 284 § 10.]
46.70.134
Severability—Effective date—1994 c 284: See RCW 43.63B.900 and
43.63B.901.
46.70.135 Mobile homes—Warranties and inspections—Delivery—Occupancy—Advertising of dimensions. Mobile home manufacturers and mobile home dealers
who sell mobile homes to be assembled on site and used as
residences in this state shall conform to the following
requirements:
(1) No new manufactured home may be sold unless the
purchaser is provided with a manufacturer's written warranty
for construction of the home in compliance with the Magnuson-Moss Warranty Act (88 Stat. 2183; 15 U.S.C. Sec. 47 et
seq.; 15 U.S.C. Sec. 2301 et seq.).
(2) No new manufactured home may be sold unless the
purchaser is provided with a dealer's written warranty for all
installation services performed by the dealer.
(3) The warranties required by subsections (1) and (2) of
this section shall be valid for a minimum of one year measured from the date of delivery and shall not be invalidated by
resale by the original purchaser to a subsequent purchaser or
by the certificate of ownership being eliminated or not issued
as described in chapter 65.20 RCW. Copies of the warranties
shall be given to the purchaser upon signing a purchase
agreement and shall include an explanation of remedies
available to the purchaser under state and federal law for
breach of warranty, the name and address of the federal
department of housing and urban development and the state
46.70.135
[Title 46 RCW—page 273]
46.70.136
Title 46 RCW: Motor Vehicles
departments of licensing and labor and industries, and a brief
description of the duties of these agencies concerning mobile
homes.
(4) Warranty service shall be completed within fortyfive days after the owner gives written notice of the defect
unless there is a bona fide dispute between the parties. Warranty service for a defect affecting health or safety shall be
completed within seventy-two hours of receipt of written
notice. Warranty service shall be performed on site and a
written work order describing labor performed and parts used
shall be completed and signed by the service agent and the
owner. If the owner's signature cannot be obtained, the reasons shall be described on the work order. Work orders shall
be retained by the dealer or manufacturer for a period of three
years.
(5) Before delivery of possession of the home to the purchaser, an inspection shall be performed by the dealer or his
or her agent and by the purchaser or his or her agent which
shall include a test of all systems of the home to insure proper
operation, unless such systems test is delayed pursuant to this
subsection. At the time of the inspection, the purchaser shall
be given copies of all documents required by state or federal
agencies to be supplied by the manufacturer with the home
which have not previously been provided as required under
subsection (3) of this section, and the dealer shall complete
any required purchaser information card and forward the card
to the manufacturer. A purchaser is deemed to have taken
delivery of the manufactured home when all three of the following events have occurred: (a) The contractual obligations
between the purchaser and the seller have been met; (b) the
inspection of the home is completed; and (c) the systems test
of the home has been completed subsequent to the installation of the home, or fifteen days has elapsed since the transport of the home to the site where it will be installed, whichever is earlier. Occupancy of the manufactured home shall
only occur after the systems test has occurred and all required
utility connections have been approved after inspection.
(6) Manufacturer and dealer advertising which states the
dimensions of a home shall not include the length of the draw
bar assembly in a listed dimension, and shall state the square
footage of the actual floor area. [1994 c 284 § 11; 1989 c 343
§ 22; 1981 c 304 § 36.]
Severability—Effective date—1994 c 284: See RCW 43.63B.900 and
43.63B.901.
Severability—Effective date—1989 c 343: See RCW 65.20.940 and
65.20.950.
Severability—1981 c 304: See note following RCW 26.16.030.
Manufactured home installation and warranty service: RCW 43.22.440,
43.22.442.
Manufactured home safety and construction standards, inspections, etc.:
RCW 43.22.431 through 43.22.434.
46.70.136
46.70.136 Manufactured homes—Warranty disputes. The *department may mediate disputes that arise
regarding any warranty required in chapter 46.70 RCW pertaining to the purchase or installation of a manufactured
home. The department may charge reasonable fees for this
service and shall deposit the moneys collected in accordance
with RCW 43.63B.080. [1994 c 284 § 12.]
Reviser's note: *(1) "Department" refers to the department of community, trade, and economic development.
[Title 46 RCW—page 274]
(2) This section, 1994 c 284 § 12, was directed to be codified in chapter
43.330 RCW. Since this placement appears inappropriate, this section has
been codified as part of chapter 46.70 RCW.
Severability—Effective date—1994 c 284: See RCW 43.63B.900 and
43.63B.901.
46.70.137
46.70.137
Violations
relating
mobile/manufactured homes. See RCW 18.27.117.
to
46.70.140
46.70.140 Handling "hot" vehicles—Unreported
motor "switches"—Unauthorized use of dealer plates—
Penalty. Any vehicle dealer who knowingly or with reason
to know, buys or receives, sells or disposes of, conceals or
has in the dealer's possession, any vehicle from which the
motor or serial number has been removed, defaced, covered,
altered, or destroyed, or any dealer, who removes from or
installs in any motor vehicle registered with the department
by motor block number, a new or used motor block without
immediately notifying the department of such fact upon a
form provided by the department, or any vehicle dealer who
loans or permits the use of vehicle dealer license plates by
any person not entitled to the use thereof, is guilty of a gross
misdemeanor. [1993 c 307 § 9; 1973 1st ex.s. c 132 § 17;
1971 ex.s. c 74 § 8; 1967 c 32 § 79; 1961 c 12 § 46.70.140.
Prior: 1951 c 150 § 11.]
46.70.160
46.70.160 Rules and regulations. The director may
make any reasonable rules and regulations not inconsistent
with the provisions of chapter 46.70 RCW relating to the
enforcement and proper operation thereof. [1961 c 12 §
46.70.160. Prior: 1959 c 166 § 21.]
46.70.170
46.70.170 Penalty for violations. It is a misdemeanor
for any person to violate any of the provisions of this chapter,
except where expressly provided otherwise, and the rules
adopted as provided under this chapter. [1986 c 241 § 17;
1965 c 68 § 5.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.70.180
46.70.180 Unlawful acts and practices. Each of the
following acts or practices is unlawful:
(1) To cause or permit to be advertised, printed, displayed, published, distributed, broadcasted, televised, or disseminated in any manner whatsoever, any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not
limited to the following:
(a) That no down payment is required in connection with
the sale of a vehicle when a down payment is in fact required,
or that a vehicle may be purchased for a smaller down payment than is actually required;
(b) That a certain percentage of the sale price of a vehicle
may be financed when such financing is not offered in a single document evidencing the entire security transaction;
(c) That a certain percentage is the amount of the service
charge to be charged for financing, without stating whether
this percentage charge is a monthly amount or an amount to
be charged per year;
(d) That a new vehicle will be sold for a certain amount
above or below cost without computing cost as the exact
(2004 Ed.)
Dealers and Manufacturers
amount of the factory invoice on the specific vehicle to be
sold;
(e) That a vehicle will be sold upon a monthly payment
of a certain amount, without including in the statement the
number of payments of that same amount which are required
to liquidate the unpaid purchase price.
(2)(a) To incorporate within the terms of any purchase
and sale or lease agreement any statement or representation
with regard to the sale, lease, or financing of a vehicle which
is false, deceptive, or misleading, including but not limited to
terms that include as an added cost to the selling price or capitalized cost of a vehicle an amount for licensing or transfer
of title of that vehicle which is not actually due to the state,
unless such amount has in fact been paid by the dealer prior
to such sale. However, an amount not to exceed thirty-five
dollars per vehicle sale or lease may be charged by a dealer to
recover administrative costs for collecting motor vehicle
excise taxes, licensing and registration fees and other agency
fees, verifying and clearing titles, transferring titles, perfecting, releasing, or satisfying liens or other security interests,
and other administrative and documentary services rendered
by a dealer in connection with the sale or lease of a vehicle
and in carrying out the requirements of this chapter or any
other provisions of state law.
(b) A dealer may charge the documentary service fee in
(a) of this subsection under the following conditions:
(i) The documentary service fee is disclosed in writing to
a prospective purchaser or lessee before the execution of a
purchase and sale or lease agreement;
(ii) The documentary service fee is not represented to the
purchaser or lessee as a fee or charge required by the state to
be paid by either the dealer or prospective purchaser or lessee;
(iii) The documentary service fee is separately designated from the selling price or capitalized cost of the vehicle
and from any other taxes, fees, or charges; and
(iv) Dealers disclose in any advertisement that a documentary service fee in an amount up to thirty-five dollars may
be added to the sale price or the capitalized cost.
For the purposes of this subsection (2), the term "documentary service fee" means the optional amount charged by a
dealer to provide the services specified in (a) of this subsection.
(3) To set up, promote, or aid in the promotion of a plan
by which vehicles are to be sold or leased to a person for a
consideration and upon further consideration that the purchaser or lessee agrees to secure one or more persons to participate in the plan by respectively making a similar purchase
and in turn agreeing to secure one or more persons likewise to
join in said plan, each purchaser or lessee being given the
right to secure money, credits, goods, or something of value,
depending upon the number of persons joining the plan.
(4) To commit, allow, or ratify any act of "bushing"
which is defined as follows: Taking from a prospective buyer
or lessee of a vehicle a written order or offer to purchase or
lease, or a contract document signed by the buyer or lessee,
which:
(a) Is subject to the dealer's, or his or her authorized representative's future acceptance, and the dealer fails or refuses
within three calendar days, exclusive of Saturday, Sunday, or
legal holiday, and prior to any further negotiations with said
(2004 Ed.)
46.70.180
buyer or lessee, either (i) to deliver to the buyer or lessee the
dealer's signed acceptance, or (ii) to void the order, offer, or
contract document and tender the return of any initial payment or security made or given by the buyer or lessee, including but not limited to money, check, promissory note, vehicle
keys, a trade-in, or certificate of title to a trade-in; or
(b) Permits the dealer to renegotiate a dollar amount
specified as trade-in allowance on a vehicle delivered or to be
delivered by the buyer or lessee as part of the purchase price
or lease, for any reason except:
(i) Failure to disclose that the vehicle's certificate of
ownership has been branded for any reason, including, but
not limited to, status as a rebuilt vehicle as provided in RCW
46.12.050 and 46.12.075; or
(ii) Substantial physical damage or latent mechanical
defect occurring before the dealer took possession of the
vehicle and which could not have been reasonably discoverable at the time of the taking of the order, offer, or contract; or
(iii) Excessive additional miles or a discrepancy in the
mileage. "Excessive additional miles" means the addition of
five hundred miles or more, as reflected on the vehicle's
odometer, between the time the vehicle was first valued by
the dealer for purposes of determining its trade-in value and
the time of actual delivery of the vehicle to the dealer. "A
discrepancy in the mileage" means (A) a discrepancy
between the mileage reflected on the vehicle's odometer and
the stated mileage on the signed odometer statement; or (B) a
discrepancy between the mileage stated on the signed odometer statement and the actual mileage on the vehicle; or
(c) Fails to comply with the obligation of any written
warranty or guarantee given by the dealer requiring the furnishing of services or repairs within a reasonable time.
(5) To commit any offense relating to odometers, as such
offenses are defined in RCW 46.37.540, 46.37.550,
46.37.560, and 46.37.570. A violation of this subsection is a
class C felony punishable under chapter 9A.20 RCW.
(6) For any vehicle dealer or vehicle salesperson to
refuse to furnish, upon request of a prospective purchaser or
lessee, for vehicles previously registered to a business or governmental entity, the name and address of the business or
governmental entity.
(7) To commit any other offense under RCW 46.37.423,
46.37.424, or 46.37.425.
(8) To commit any offense relating to a dealer's temporary license permit, including but not limited to failure to
properly complete each such permit, or the issuance of more
than one such permit on any one vehicle. However, a dealer
may issue a second temporary permit on a vehicle if the following conditions are met:
(a) The lienholder fails to deliver the vehicle title to the
dealer within the required time period;
(b) The dealer has satisfied the lien; and
(c) The dealer has proof that payment of the lien was
made within two calendar days, exclusive of Saturday, Sunday, or a legal holiday, after the sales contract has been executed by all parties and all conditions and contingencies in
the sales contract have been met or otherwise satisfied.
(9) For a dealer, salesperson, or mobile home manufacturer, having taken an instrument or cash "on deposit" from a
purchaser or lessee prior to the delivery of the bargained-for
vehicle, to commingle the "on deposit" funds with assets of
[Title 46 RCW—page 275]
46.70.180
Title 46 RCW: Motor Vehicles
the dealer, salesperson, or mobile home manufacturer instead
of holding the "on deposit" funds as trustee in a separate trust
account until the purchaser or lessee has taken delivery of the
bargained-for vehicle. Delivery of a manufactured home
shall be deemed to occur in accordance with RCW
46.70.135(5). Failure, immediately upon receipt, to endorse
"on deposit" instruments to such a trust account, or to set
aside "on deposit" cash for deposit in such trust account, and
failure to deposit such instruments or cash in such trust
account by the close of banking hours on the day following
receipt thereof, shall be evidence of intent to commit this
unlawful practice: PROVIDED, HOWEVER, That a motor
vehicle dealer may keep a separate trust account which equals
his or her customary total customer deposits for vehicles for
future delivery. For purposes of this section, "on deposit"
funds received from a purchaser of a manufactured home
means those funds that a seller requires a purchaser to
advance before ordering the manufactured home, but does
not include any loan proceeds or moneys that might have
been paid on an installment contract.
(10) For a dealer or manufacturer to fail to comply with
the obligations of any written warranty or guarantee given by
the dealer or manufacturer requiring the furnishing of goods
and services or repairs within a reasonable period of time, or
to fail to furnish to a purchaser or lessee, all parts which
attach to the manufactured unit including but not limited to
the undercarriage, and all items specified in the terms of a
sales or lease agreement signed by the seller and buyer or lessee.
(11) For a vehicle dealer to pay to or receive from any
person, firm, partnership, association, or corporation acting,
either directly or through a subsidiary, as a buyer's agent for
consumers, any compensation, fee, purchase moneys or
funds that have been deposited into or withdrawn out of any
account controlled or used by any buyer's agent, gratuity, or
reward in connection with the purchase, sale, or lease of a
new motor vehicle.
(12) For a buyer's agent, acting directly or through a subsidiary, to pay to or to receive from any motor vehicle dealer
any compensation, fee, gratuity, or reward in connection with
the purchase, sale, or lease of a new motor vehicle. In addition, it is unlawful for any buyer's agent to engage in any of
the following acts on behalf of or in the name of the consumer:
(a) Receiving or paying any purchase moneys or funds
into or out of any account controlled or used by any buyer's
agent;
(b) Signing any vehicle purchase orders, sales contracts,
leases, odometer statements, or title documents, or having the
name of the buyer's agent appear on the vehicle purchase
order, sales contract, lease, or title; or
(c) Signing any other documentation relating to the purchase, sale, lease, or transfer of any new motor vehicle.
It is unlawful for a buyer's agent to use a power of attorney obtained from the consumer to accomplish or effect the
purchase, sale, lease, or transfer of ownership documents of
any new motor vehicle by any means which would otherwise
be prohibited under (a) through (c) of this subsection. However, the buyer's agent may use a power of attorney for physical delivery of motor vehicle license plates to the consumer.
[Title 46 RCW—page 276]
Further, it is unlawful for a buyer's agent to engage in
any false, deceptive, or misleading advertising, disseminated
in any manner whatsoever, including but not limited to making any claim or statement that the buyer's agent offers,
obtains, or guarantees the lowest price on any motor vehicle
or words to similar effect.
(13) For a buyer's agent to arrange for or to negotiate the
purchase, or both, of a new motor vehicle through an out-ofstate dealer without disclosing in writing to the customer that
the new vehicle would not be subject to chapter 19.118 RCW.
This subsection also applies to leased vehicles. In addition, it
is unlawful for any buyer's agent to fail to have a written
agreement with the customer that: (a) Sets forth the terms of
the parties' agreement; (b) discloses to the customer the total
amount of any fees or other compensation being paid by the
customer to the buyer's agent for the agent's services; and (c)
further discloses whether the fee or any portion of the fee is
refundable.
(14) Being a manufacturer, other than a motorcycle manufacturer governed by *chapter 46.94 RCW, to:
(a) Coerce or attempt to coerce any vehicle dealer to
order or accept delivery of any vehicle or vehicles, parts or
accessories, or any other commodities which have not been
voluntarily ordered by the vehicle dealer: PROVIDED, That
recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute coercion;
(b) Cancel or fail to renew the franchise or selling agreement of any vehicle dealer doing business in this state without fairly compensating the dealer at a fair going business
value for his or her capital investment which shall include but
not be limited to tools, equipment, and parts inventory possessed by the dealer on the day he or she is notified of such
cancellation or termination and which are still within the
dealer's possession on the day the cancellation or termination
is effective, if: (i) The capital investment has been entered
into with reasonable and prudent business judgment for the
purpose of fulfilling the franchise; and (ii) the cancellation or
nonrenewal was not done in good faith. Good faith is defined
as the duty of each party to any franchise to act in a fair and
equitable manner towards each other, so as to guarantee one
party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party: PROVIDED, That
recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute a lack of good
faith;
(c) Encourage, aid, abet, or teach a vehicle dealer to sell
or lease vehicles through any false, deceptive, or misleading
sales or financing practices including but not limited to those
practices declared unlawful in this section;
(d) Coerce or attempt to coerce a vehicle dealer to
engage in any practice forbidden in this section by either
threats of actual cancellation or failure to renew the dealer's
franchise agreement;
(e) Refuse to deliver any vehicle publicly advertised for
immediate delivery to any duly licensed vehicle dealer having a franchise or contractual agreement for the retail sale or
lease of new and unused vehicles sold or distributed by such
manufacturer within sixty days after such dealer's order has
been received in writing unless caused by inability to deliver
because of shortage or curtailment of material, labor, transportation, or utility services, or by any labor or production
(2004 Ed.)
Dealers and Manufacturers
difficulty, or by any cause beyond the reasonable control of
the manufacturer;
(f) To provide under the terms of any warranty that a purchaser or lessee of any new or unused vehicle that has been
sold or leased, distributed for sale or lease, or transferred into
this state for resale or lease by the vehicle manufacturer may
only make any warranty claim on any item included as an
integral part of the vehicle against the manufacturer of that
item.
Nothing in this section may be construed to impair the
obligations of a contract or to prevent a manufacturer, distributor, representative, or any other person, whether or not
licensed under this chapter, from requiring performance of a
written contract entered into with any licensee hereunder, nor
does the requirement of such performance constitute a violation of any of the provisions of this section if any such contract or the terms thereof requiring performance, have been
freely entered into and executed between the contracting parties. This paragraph and subsection (14)(b) of this section do
not apply to new motor vehicle manufacturers governed by
chapter 46.96 RCW.
(15) Unlawful transfer of an ownership interest in a
motor vehicle as defined in RCW 19.116.050.
(16) To knowingly and intentionally engage in collusion
with a registered owner of a vehicle to repossess and return or
resell the vehicle to the registered owner in an attempt to
avoid a suspended license impound under chapter 46.55
RCW. However, compliance with chapter 62A.9A RCW in
repossessing, selling, leasing, or otherwise disposing of the
vehicle, including providing redemption rights to the debtor,
is not a violation of this section. [2003 c 368 § 1. Prior: 2001
c 272 § 10; 2001 c 64 § 9; 1999 c 398 § 10; 1997 c 153 § 1;
1996 c 194 § 3; 1995 c 256 § 26; 1994 c 284 § 13; 1993 c 175
§ 3; 1990 c 44 § 14; 1989 c 415 § 20; 1986 c 241 § 18; 1985
c 472 § 13; 1981 c 152 § 6; 1977 ex.s. c 125 § 4; 1973 1st
ex.s. c 132 § 18; 1969 c 112 § 1; 1967 ex.s. c 74 § 16.]
*Reviser's note: Chapter 46.94 RCW was repealed by 2003 c 354 § 24.
Cf. chapter 46.93 RCW.
Severability—Effective date—1994 c 284: See RCW 43.63B.900 and
43.63B.901.
Severability—1990 c 44: See RCW 19.116.900.
Severability—1989 c 415: See RCW 46.96.900.
Certificate of ownership—Failure to transfer within specified time: RCW
46.12.101.
Glass—Limited windows—Vehicle sale requirements: RCW 46.37.430.
Odometers—Disconnecting, resetting, turning back, replacing without notifying purchaser: RCW 46.37.540 through 46.37.570.
Tires—Vehicle sale requirements: RCW 46.37.425.
46.70.183
46.70.183 Notice of bankruptcy proceedings. Any
vehicle dealer or manufacturer, by or against whom a petition
in bankruptcy has been filed, shall, within ten days of the filing, notify the department of the proceedings in bankruptcy,
including the identity and location of the court in which the
proceedings are pending. [1981 c 152 § 7.]
46.70.190 Civil actions for violations—Injunctions—
Claims under Federal Automobile Dealer Franchise
Act—Time limitation. Any person who is injured in his
business or property by a violation of this chapter, or any person so injured because he refuses to accede to a proposal for
46.70.190
(2004 Ed.)
46.70.230
an arrangement which, if consummated, would be in violation of this chapter, may bring a civil action in the superior
court to enjoin further violations, to recover the actual damages sustained by him together with the costs of the suit,
including a reasonable attorney's fee.
If a new motor vehicle dealer recovers a judgment or has
a claim dismissed with prejudice against a manufacturer
under RCW 46.96.040 or 46.96.050(3) or this section, the
new motor vehicle dealer is precluded from pursuing that
same claim or recovering judgment for that same claim
against the same manufacturer under the federal Automobile
Dealer Franchise Act, 15 U.S.C. Sections 1221 through 1225,
but only to the extent that the damages recovered by or
denied to the new motor vehicle dealer are the same as the
damages being sought under the federal Automobile Dealer
Franchise Act. Likewise, if a new motor vehicle dealer recovers a judgment or has a claim dismissed with prejudice
against a manufacturer under the federal Automobile Dealer
Franchise Act, the dealer is precluded from pursuing that
same claim or recovering judgment for that same claim
against the same manufacturer under this chapter, but only to
the extent that the damages recovered by or denied to the
dealer are the same as the damages being sought under this
chapter.
A civil action brought in the superior court pursuant to
the provisions of this section must be filed no later than one
year following the alleged violation of this chapter. [1989 c
415 § 21; 1986 c 241 § 19; 1973 1st ex.s. c 132 § 19; 1967
ex.s. c 74 § 21.]
Severability—1989 c 415: See RCW 46.96.900.
46.70.220
46.70.220 Duties of attorney general and prosecuting
attorneys to act on violations—Limitation of civil actions.
The director may refer such evidence as may be available
concerning violations of this chapter or of any rule or order
hereunder to the attorney general or the proper prosecuting
attorney, who may in his discretion, with or without such a
reference, in addition to any other action they might commence, bring an action in the name of the state against any
person to restrain and prevent the doing of any act or practice
herein prohibited or declared unlawful: PROVIDED, That
this chapter shall be considered in conjunction with chapter
9.04 RCW, 19.86 RCW and 63.14 RCW and the powers and
duties of the attorney general and the prosecuting attorney as
they may appear in the aforementioned chapters, shall apply
against all persons subject to this chapter: PROVIDED FURTHER, That any action to enforce a claim for civil damages
under chapter 19.86 RCW shall be forever barred unless
commenced within six years after the cause of action accrues.
[1967 ex.s. c 74 § 19.]
46.70.230
46.70.230 Duties of attorney general and prosecuting
attorneys to act on violations—Assurance of compliance—Filing. In the enforcement of this chapter, the attorney general and/or any said prosecuting attorney may accept
an assurance of compliance with the provisions of this chapter from any person deemed in violation hereof. Any such
assurance shall be in writing and be filed with and subject to
the approval of the superior court of the county in which the
[Title 46 RCW—page 277]
46.70.240
Title 46 RCW: Motor Vehicles
alleged violator resides or has his principal place of business,
or in Thurston county. [1967 ex.s. c 74 § 20.]
46.70.240
46.70.240 Penalties—Jurisdiction. Any person who
violates the terms of any court order, or temporary or permanent injunction issued pursuant to this chapter, shall forfeit
and pay a civil penalty of not more than twenty-five thousand
dollars. For the purpose of this section the superior court issuing any injunction shall retain jurisdiction, and the cause shall
be continued, and in such cases the attorney general and/or
the prosecuting attorney acting in the name of the state, or
any person who pursuant to RCW 46.70.190 has secured the
injunction violated, may petition for the recovery of civil
penalties. [1967 ex.s. c 74 § 22.]
46.70.250
46.70.250 Personal service of process outside state.
Personal service of any process in an action under this chapter may be made upon any person outside the state if such
person has engaged in conduct in violation of this chapter
which has had the impact in this state which this chapter reprehends. Such person shall be deemed to have thereby submitted himself to the jurisdiction of the courts of this state
within the meaning of RCW 4.28.180 and 4.28.185. [1967
ex.s. c 74 § 23.]
46.70.260
46.70.260 Application of chapter to existing and
future franchises and contracts. The provisions of this
chapter shall be applicable to all franchises and contracts
existing between vehicle dealers and manufacturers or factory branches and to all future franchises and contracts.
[1986 c 241 § 22; 1967 ex.s. c 74 § 24.]
46.70.270
46.70.270 Provisions of chapter cumulative—Violation of RCW 46.70.180 deemed civil. The provisions of this
chapter shall be cumulative to existing laws: PROVIDED,
That the violation of RCW 46.70.180 shall be construed as
exclusively civil and not penal in nature. [1967 ex.s. c 74 §
25.]
upon other types of businesses within its boundaries. [1993 c
307 § 11; 1981 c 152 § 2.]
46.70.310
46.70.310 Consumer Protection Act. Any violation of
this chapter is deemed to affect the public interest and constitutes a violation of chapter 19.86 RCW. [1986 c 241 § 23.]
46.70.320
46.70.320 Buyer's agents. The regulation of buyers'
agents is a matter affecting the public interest for the purpose
of applying chapter 19.86 RCW. Activities of buyers' agents
prohibited under RCW 46.70.180 (11), (12), or (13) are not
reasonable in relation to the development and preservation of
business. A violation of RCW 46.70.180 (11), (12), or (13)
constitutes an unfair or deceptive act or practice in trade or
commerce for the purpose of applying chapter 19.86 RCW.
[1993 c 175 § 4.]
46.70.330
46.70.330 Wholesale motor vehicle auction dealers.
(1) A wholesale motor vehicle auction dealer may:
(a) Sell any classification of motor vehicle;
(b) Sell only to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington
or licensed by any other state; or
(c) Sell a motor vehicle belonging to the United States
government, the state of Washington, or a political subdivision to nonlicensed persons as may be required by the contracting public agency. However, a publicly owned "wrecked
vehicle" as defined in RCW 46.80.010 may be sold to motor
vehicle dealers and vehicle wreckers licensed under Title 46
RCW by the state of Washington or licensed by any other
state.
(2) If the wholesale motor vehicle auction dealer knows
that a vehicle is a "wrecked vehicle" as defined by RCW
46.80.010, the dealer must disclose this fact on the bill of
sale. [1998 c 282 § 2.]
46.70.900
46.70.290
46.70.290 Mobile homes and persons engaged in distribution and sale. The provisions of chapter 46.70 RCW
shall apply to the distribution and sale of mobile homes and
to mobile home dealers, distributors, manufacturers, factory
representatives, or other persons engaged in such distribution
and sale to the same extent as for motor vehicles. [1993 c 307
§ 10; 1971 ex.s. c 231 § 23.]
Effective date—1971 ex.s. c 231: See note following RCW 46.01.130.
46.70.300
46.70.300 Chapter exclusive—Local business and
occupation tax not prevented. (1) The provisions of this
chapter relating to the licensing and regulation of vehicle
dealers and manufacturers shall be exclusive, and no county,
city, or other political subdivision of this state shall enact any
laws, rules, or regulations licensing or regulating vehicle
dealers or manufacturers.
(2) This section shall not be construed to prevent a political subdivision of this state from levying a business and
occupation tax upon vehicle dealers or manufacturers maintaining an office within that political subdivision if a business
and occupation tax is levied by such a political subdivision
[Title 46 RCW—page 278]
46.70.900 Liberal construction. All provisions of this
chapter shall be liberally construed to the end that deceptive
practices or commission of fraud or misrepresentation in the
sale, lease, barter, or disposition of vehicles in this state may
be prohibited and prevented, and irresponsible, unreliable, or
dishonest persons may be prevented from engaging in the
business of selling, leasing, bartering, or otherwise dealing in
vehicles in this state and reliable persons may be encouraged
to engage in the business of selling, leasing, bartering and
otherwise dealing in vehicles in this state: PROVIDED, That
this chapter shall not apply to printers, publishers, or broadcasters who in good faith print, publish or broadcast material
without knowledge of its deceptive character. [2001 c 272 §
11; 1973 1st ex.s. c 132 § 20; 1967 ex.s. c 74 § 2.]
46.70.910
46.70.910 Severability—1967 ex.s. c 74. If any provision of this amendatory act is declared unconstitutional, or
the applicability thereof to any person or circumstances is
held invalid, the constitutionality of the remainder of the
amendatory act and the applicability thereof to persons and
circumstances shall not be affected thereby. [1967 ex.s. c 74
§ 28.]
(2004 Ed.)
Automotive Repair
46.70.920
46.70.920 Severability—1973 1st ex.s. c 132. If any
provision of this 1973 amendatory act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder
of this 1973 amendatory act and the applicability thereof to
persons and circumstances shall not be affected thereby.
[1973 1st ex.s. c 132 § 21.]
Chapter 46.71
Chapter 46.71 RCW
AUTOMOTIVE REPAIR
Sections
46.71.005
46.71.011
46.71.015
46.71.021
46.71.025
46.71.031
46.71.035
46.71.041
46.71.045
46.71.051
46.71.060
46.71.070
46.71.080
46.71.090
Legislative recognition.
Definitions.
Estimates—Invoices—Recordkeeping requirements.
Disposition of replaced parts.
Estimate required—Alternatives—Authorization to exceed.
Required signs.
Failure to comply with estimate requirements.
Liens barred for failure to comply.
Unlawful acts or practices.
Copy of warranty.
Retention of price estimates and invoices.
Consumer Protection Act—Defense.
Notice of chapter to vehicle owners.
Notice of chapter to repair facilities.
Vehicle warranties (Lemon law): Chapter 19.118 RCW.
46.71.005
46.71.005 Legislative recognition. The automotive
repair industry supports good communication between auto
repair facilities and their customers. The legislature recognizes that improved communications and accurate representations between automotive repair facilities and the customers will: Increase consumer confidence; reduce the likelihood of disputes arising; clarify repair facility lien interests;
and promote fair and nondeceptive practices, thereby enhancing the safety and reliability of motor vehicles serviced by
auto repair facilities in the state of Washington. [1993 c 424
§ 1.]
Severability—1993 c 424: "If any provision of this act is declared
unconstitutional, or the applicability thereof to any person or circumstances
is held invalid, the constitutionality of the remainder of the act and the applicability thereof to persons and circumstances shall not be affected thereby."
[1993 c 424 § 15.]
Effective date—1993 c 424: "This act shall take effect January 1,
1994." [1993 c 424 § 18.]
46.71.011
46.71.011 Definitions. For purposes of this chapter:
(1) An "aftermarket body part" or "nonoriginal equipment manufacturer body part" is an exterior body panel or
nonstructural body component manufactured by someone
other than the original equipment manufacturer and supplied
through suppliers other than those in the manufacturer's normal distribution channels.
(2) "Automotive repair" includes but is not limited to:
(a) All repairs to vehicles subject to chapter 46.16 RCW
that are commonly performed in a repair facility by a motor
vehicle technician including the diagnosis, installation,
exchange, or repair of mechanical or electrical parts or units
for any vehicle, the performance of any electrical or mechanical adjustment to any vehicle, or the performance of any service work required for routine maintenance or repair of any
vehicle. However, commercial fleet repair or maintenance
transactions involving two or more vehicles or ongoing ser(2004 Ed.)
46.71.015
vice or maintenance contracts involving vehicles used primarily for business purposes are not included;
(b) All work in facilities that perform one or more specialties within the automotive repair service industry including, but not limited to, body collision repair, refinishing,
brake, electrical, exhaust repair or installation, frame, unibody, front-end, radiators, tires, transmission, tune-up, and
windshield; and
(c) The removal, replacement, or repair of exterior body
panels, the removal, replacement, or repair of structural and
nonstructural body components, the removal, replacement, or
repair of collision damaged suspension components, and the
refinishing of automotive components.
(3) "Automotive repair facility" or "repair facility"
means any person, firm, association, or corporation who for
compensation engages in the business of automotive repair or
diagnosis, or both, of malfunctions of motor vehicles subject
to licensure under chapter 46.16 RCW and repair and refinishing auto-body collision damage as well as overall refinishing and cosmetic repairs.
(4) A "rebuilt" part consists of a used assembly that has
been dismantled and inspected with only the defective parts
being replaced.
(5) A "remanufactured" part consists of a used assembly
that has been dismantled with the core parts being remachined and all other parts replaced with new parts so as to
provide performance comparable to that found originally.
[1993 c 424 § 2.]
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.015
46.71.015 Estimates—Invoices—Recordkeeping
requirements. (1) Except as otherwise provided in RCW
46.71.025, all estimates that exceed one hundred dollars shall
be in writing and include the following information: The
date; the name, address, and telephone number of the repair
facility; the name, address, and telephone number, if available, of the customer or the customer's designee; if the vehicle is delivered for repair, the year, make, and model of the
vehicle, the vehicle license plate number or last eight digits of
the vehicle identification number, and the odometer reading
of the vehicle; a description of the problem reported by the
customer or the specific repairs requested by the customer;
and a choice of alternatives described in RCW 46.71.025.
(2) Whether or not a written estimate is required, parts
and labor provided by an automotive repair facility shall be
clearly and accurately recorded in writing on an invoice and
shall include, in addition to the information listed in subsection (1) of this section, the following information: A description of the repair or maintenance services performed on the
vehicle; a list of all parts supplied, identified by name and
part number, if available, part kit description or recognized
package or shop supplies, if any, and an indication whether
the parts supplied are rebuilt, or used, if applicable or where
collision repair is involved, aftermarket body parts or nonoriginal equipment manufacturer body parts, if applicable;
the price per part charged, if any, and the total amount
charged for all parts; the total amount charged for all labor, if
any; and the total charge. Parts and labor do not need to be
separately disclosed if pricing is expressed as an advertised
[Title 46 RCW—page 279]
46.71.021
Title 46 RCW: Motor Vehicles
special by the job, a predisclosed written repair menu item, or
a routine service package.
(3) Notwithstanding subsection (2) of this section, if the
repair work is performed under warranty or without charge to
the customer, other than an applicable deductible, the repair
facility shall provide either an itemized list of the parts supplied, or describe the service performed on the vehicle, but
the repair facility is not required to provide any pricing information for parts or labor.
(4) A copy of the estimate, unless waived, shall be provided to the customer or customer's designee prior to providing parts or labor as required under RCW 46.71.025. A copy
of the invoice shall be provided to the customer upon completion of the repairs.
(5) Only material omissions, under this section, are
actionable in a court of law or equity. [1993 c 424 § 3.]
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.021
46.71.021 Disposition of replaced parts. Except for
parts covered by a manufacturer's or other warranty or parts
that must be returned to a distributor, remanufacturer, or
rebuilder, the repair facility shall return replaced parts to the
customer at the time the work is completed if the customer
requested the parts at the time of authorization of the repair.
If a customer at the time of authorization of the repair
requests the return of a part that must be returned to the manufacturer, remanufacturer, distributor, recycler, or rebuilder,
or must be disposed of as required by law, the repair facility
shall offer to show the part to the customer. The repair facility
need not show a replaced part if no charge is being made for
the replacement part. [1993 c 424 § 4.]
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
Date: . . . . . .
Time: . . . . . . ."
(2) The repair facility may not charge the customer more
than one hundred ten percent, exclusive of retail sales tax, of
the total shown on the written price estimate. Neither of these
limitations apply if, before providing additional parts or labor
the repair facility obtains either the oral or written authorization of the customer, or the customer's designee, to exceed the
written price estimate. The repair facility or its representative
shall note on the estimate the date and time of obtaining an
oral authorization, the additional parts and labor required, the
estimated cost of the additional parts and labor, or where collision repair is involved, aftermarket body parts or nonoriginal equipment manufacturer body parts, if applicable, the
name or identification number of the employee who obtains
the authorization, and the name and telephone number of the
person authorizing the additional costs.
(3) A written estimate shall not be required when the
customer's motor vehicle or component has been brought to
an automotive repair facility's regular place of business without face-to-face contact between the customer and the repair
facility. Face-to-face contact means actual in-person discussion between the customer or his or her designee and the
agent or employee of the automotive repair facility authorized to intake vehicles or components. However, prior to
providing parts and labor, the repair facility must obtain
either the oral or written authorization of the customer or the
customer's designee. The repair facility or its representative
shall note on the estimate or repair order the date and time of
obtaining an oral authorization, the total amount authorized,
the name or identification number of the employee who
obtains the authorization, and the name of the person authorizing the repairs. [1993 c 424 § 5.]
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.025
46.71.025 Estimate required—Alternatives—Authorization to exceed. (1) Except as provided in subsection (3)
of this section, a repair facility prior to providing parts or
labor shall provide the customer or the customer's designee
with a written price estimate of the total cost of the repair,
including parts and labor, or where collision repair is
involved, aftermarket body parts or nonoriginal equipment
manufacturer body parts, if applicable, or offer the following
alternatives:
"YOU ARE ENTITLED TO A WRITTEN PRICE ESTIMATE FOR THE REPAIRS YOU HAVE AUTHORIZED.
YOU ARE ALSO ENTITLED TO REQUIRE THE REPAIR
FACILITY TO OBTAIN YOUR ORAL OR WRITTEN
AUTHORIZATION TO EXCEED THE WRITTEN PRICE
ESTIMATE. YOUR SIGNATURE OR INITIALS WILL
INDICATE YOUR SELECTION.
1. I request an estimate in writing before you begin
repairs. Contact me if the price will exceed this estimate by more than ten percent.
2. Proceed with repairs but contact me if the price
will exceed $. . . . . .
3. I do not want a written estimate.
............
[Title 46 RCW—page 280]
(Initial or signature)
46.71.031
46.71.031 Required signs. An automotive repair facility shall post in a prominent place on the business premises
one or more signs, readily visible to customers, in the following form:
"YOUR CUSTOMER RIGHTS
YOU ARE ENTITLED BY LAW TO:
1.
A WRITTEN ESTIMATE FOR REPAIRS WHICH
WILL COST MORE THAN ONE HUNDRED
DOLLARS, UNLESS WAIVED OR ABSENT
FACE-TO-FACE CONTACT (S EE ITEM 4
BELOW);
2.
RETURN OR INSPECTION OF ALL REPLACED
PARTS, IF REQUESTED AT TIME OF REPAIR
AUTHORIZATION;
3.
AUTHORIZE ORALLY OR IN WRITING ANY
REPAIRS WHICH EXCEED THE ESTIMATED
TOTAL PRESALES TAX COST BY MORE
THAN TEN PERCENT;
4.
AUTHORIZE ANY REPAIRS ORALLY OR IN
WRITING IF YOUR VEHICLE IS LEFT WITH
THE REPAIR FACILITY WITHOUT FACE-TOFACE CONTACT BETWEEN YOU AND THE
REPAIR FACILITY PERSONNEL.
(2004 Ed.)
Automotive Repair
IF YOU HAVE AUTHORIZED A REPAIR IN ACCORDANCE WITH THE ABOVE INFORMATION YOU ARE
REQUIRED TO PAY FOR THE COSTS OF THE REPAIR
PRIOR TO TAKING THE VEHICLE FROM THE PREMISES."
The first line of each sign shall be in letters not less than
one and one-half inch in height and the remaining lines shall
be in letters not less than one-half inch in height. [1993 c 424
§ 6.]
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.035
46.71.035 Failure to comply with estimate requirements. An automotive repair facility that fails to comply
with the estimate requirements of RCW 46.71.025 is barred
from recovering in an action to recover for automotive repairs
any amount in excess of one hundred ten percent of the
amount authorized by the customer, or the customer's designee, unless the repair facility proves by a preponderance of
the evidence that its conduct was reasonable, necessary, and
justified under the circumstances. In an action to recover for
automotive repairs the prevailing party may, at the discretion
of the court, recover the costs of the action and reasonable
attorneys' fees. [1993 c 424 § 7.]
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.041
46.71.041 Liens barred for failure to comply. A
repair facility that fails to comply with RCW 46.71.021,
46.71.025, or 46.71.031 is barred from asserting a possessory
or chattel lien for the amount of the unauthorized parts or
labor upon the motor vehicle or component. [1993 c 424 § 8.]
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.045
46.71.045 Unlawful acts or practices. Each of the following acts or practices are unlawful:
(1) Advertising that is false, deceptive, or misleading. A
single or isolated media mistake does not constitute a false,
deceptive, or misleading statement or misrepresentation
under this section;
(2) Materially understating or misstating the estimated
price for a specified repair procedure;
(3) Retaining payment from a customer for parts not
delivered or installed or a labor operation or repair procedure
that has not actually been performed;
(4) Unauthorized operation of a customer's vehicle for
purposes not related to repair or diagnosis;
(5) Failing or refusing to provide a customer, upon
request, a copy, at no charge, of any document signed by the
customer;
(6) Retaining duplicative payment from both the customer and the warranty or extended service contract provider
for the same covered component, part, or labor;
(7) Charging a customer for unnecessary repairs. For
purposes of this subsection "unnecessary repairs" means
those for which there is no reasonable basis for performing
the service. A reasonable basis includes, but is not limited to:
(a) That the repair service is consistent with specifications
established by law or the manufacturer of the motor vehicle,
(2004 Ed.)
46.71.090
component, or part; (b) that the repair is in accordance with
accepted industry standards; or (c) that the repair was performed at the specific request of the customer. [1993 c 424 §
9.]
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.051 Copy of warranty. The repair facility shall
make available, upon request, a copy of any express warranty
provided by the repair facility to the customer that covers
repairs performed on the vehicle. [1993 c 424 § 10.]
46.71.051
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.060 Retention of price estimates and invoices.
Every automotive repair facility shall retain and make available for inspection, upon request by the customer or the customer's authorized representative, true copies of the written
price estimates and invoices required under this chapter for at
least one year after the date on which the repairs were performed. [1993 c 424 § 11; 1982 c 62 § 7; 1977 ex.s. c 280 §
6.]
46.71.060
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.070 Consumer Protection Act—Defense. The
legislature finds that the practices covered by this chapter are
matters vitally affecting the public interest for the purpose of
applying the Consumer Protection Act, chapter 19.86 RCW.
Violations of this chapter are not reasonable in relation to the
development and preservation of business. A violation of this
chapter is an unfair or deceptive act in trade or commerce and
an unfair method of competition for the purpose of applying
the Consumer Protection Act, chapter 19.86 RCW. In an
action under chapter 19.86 RCW due to an automotive repair
facility's charging a customer an amount in excess of one
hundred ten percent of the amount authorized by the customer, a violation shall not be found if the automotive repair
facility proves by a preponderance of the evidence that its
conduct was reasonable, necessary, and justified under the
circumstances.
Notwithstanding RCW 46.64.050, no violation of this
chapter shall give rise to criminal liability under that section.
[1993 c 424 § 12; 1982 c 62 § 9; 1977 ex.s. c 280 § 7.]
46.71.070
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
46.71.080
46.71.080 Notice of chapter to vehicle owners. Whenever a vehicle license renewal form under RCW 46.16.210 is
given to the registered owner of any vehicle, the department
of licensing shall give to the owner written notice of the provisions of this chapter in a manner prescribed by the director
of licensing. [1982 c 62 § 10.]
46.71.090
46.71.090 Notice of chapter to repair facilities. When
the department of revenue issues a registration certificate
under RCW 82.32.030 to an automotive repair facility, it
shall give written notice to the person of the requirements of
this chapter in a manner prescribed by the director of revenue. The department of revenue shall thereafter give the
notice on an annual basis in conjunction with the business
[Title 46 RCW—page 281]
Chapter 46.72
Title 46 RCW: Motor Vehicles
and occupation tax return provided to each person holding a
registration certificate as an automotive repair facility. [1993
c 424 § 13; 1982 c 62 § 11.]
Severability—Effective date—1993 c 424: See notes following RCW
46.71.005.
Chapter 46.72 RCW
TRANSPORTATION OF PASSENGERS IN FOR
HIRE VEHICLES
Chapter 46.72
Sections
46.72.001
46.72.010
46.72.020
46.72.030
46.72.040
46.72.050
46.72.060
46.72.070
46.72.080
46.72.100
46.72.110
46.72.120
46.72.130
46.72.140
46.72.150
46.72.160
46.72.170
46.42.180
Finding and intent.
Definitions.
Permit required—Form of application.
Permit fee—Issuance—Display.
Surety bond.
Liability coverage—Right of action saved.
Right of action—Limitation of recovery.
Certificate—Fee.
Substitution of security—New certificate.
Unprofessional conduct—Bond/insurance policy—Penalty.
Fees to highway safety fund.
Rules.
Nonresident taxicabs—Permit—Fee—Compliance.
Nonresident taxicabs—Permit required for entry.
Nonresident taxicabs—Reciprocity.
Local regulation.
Joint regulation.
Uniform regulation of business and professions act.
Age of drivers of for hire vehicles: RCW 46.20.045.
Taxicab companies, local regulation: Chapter 81.72 RCW.
46.72.001
46.72.001 Finding and intent. The legislature finds
and declares that privately operated for hire transportation
service is a vital part of the transportation system within the
state. Consequently, the safety, reliability, and stability of
privately operated for hire transportation services are matters
of statewide importance. The regulation of privately operated
for hire transportation services is thus an essential governmental function. Therefore, it is the intent of the legislature to
permit political subdivisions of the state to regulate for hire
transportation services without liability under federal antitrust laws. [1996 c 87 § 17.]
46.72.010 Definitions. When used in this chapter:
(1) The term "for hire vehicle" includes all vehicles used
for the transportation of passengers for compensation, except
auto stages, school buses operating exclusively under a contract to a school district, ride-sharing vehicles under chapter
46.74 RCW, limousine carriers licensed under chapter
46.72A RCW, vehicles used by nonprofit transportation providers for elderly or handicapped persons and their attendants
under chapter 81.66 RCW, vehicles used by auto transportation companies licensed under chapter 81.68 RCW, vehicles
used to provide courtesy transportation at no charge to and
from parking lots, hotels, and rental offices, and vehicles
used by charter party carriers of passengers and excursion
service carriers licensed under chapter 81.70 RCW;
(2) The term "for hire operator" means and includes any
person, concern, or entity engaged in the transportation of
passengers for compensation in for hire vehicles. [1996 c 87
§ 18; 1991 c 99 § 1; 1979 c 111 § 14; 1961 c 12 § 46.72.010.
Prior: 1947 c 253 § 1; Rem. Supp. 1947 § 6386-1. Formerly
RCW 81.72.010.]
46.72.010
Severability—1979 c 111: See note following RCW 46.74.010.
[Title 46 RCW—page 282]
46.72.020 Permit required—Form of application. No
for hire operator shall cause operation of a for hire vehicle
upon any highway of this state without first obtaining a permit from the director of licensing, except for those for hire
operators regulated by cities or counties in accordance with
chapter 81.72 RCW. Application for a permit shall be made
on forms provided by the director and shall include (1) the
name and address of the owner or owners, and if a corporation, the names and addresses of the principal officers
thereof; (2) city, town or locality in which any vehicle will be
operated; (3) name and motor number of any vehicle to be
operated; (4) the endorsement of a city official authorizing an
operator under a law or ordinance requiring a license; and (5)
such other information as the director may require. [1992 c
114 § 1; 1979 c 158 § 188; 1967 c 32 § 80; 1961 c 12 §
46.72.020. Prior: 1947 c 253 § 2; Rem. Supp. 1947 § 63862; prior: 1915 c 57 § 1; RRS § 6382. Formerly RCW
81.72.020.]
46.72.020
46.72.030 Permit fee—Issuance—Display. Application for a permit shall be forwarded to the director with a fee.
Upon receipt of such application and fee, the director shall, if
such application be in proper form, issue a permit authorizing
the applicant to operate for hire vehicles upon the highways
of this state until such owner ceases to do business as such, or
until the permit is suspended or revoked. Such permit shall be
displayed in a conspicuous place in the principal place of
business of the owner. [1992 c 114 § 2; 1967 c 32 § 81; 1961
c 12 § 46.72.030. Prior: 1947 c 253 § 3; Rem. Supp. 1947 §
6386-3; prior: 1933 c 73 § 1, part; 1915 c 57 § 2, part; RRS
§ 6383, part. Formerly RCW 81.72.030.]
46.72.030
46.72.040 Surety bond. Before a permit is issued every
for hire operator shall be required to deposit and thereafter
keep on file with the director a surety bond running to the
state of Washington covering each and every for hire vehicle
as may be owned or leased by him and used in the conduct of
his business as a for hire operator. Such bond shall be in the
sum of one hundred thousand dollars for any recovery for
death or personal injury by one person, and three hundred
thousand dollars for all persons killed or receiving personal
injury by reason of one act of negligence, and twenty-five
thousand dollars for damage to property of any person other
than the assured, with a good and sufficient surety company
licensed to do business in this state as surety and to be
approved by the director, conditioned for the faithful compliance by the principal of said bond with the provisions of this
chapter, and to pay all damages which may be sustained by
any person injured by reason of any careless negligence or
unlawful act on the part of said principal, his agents or
employees in the conduct of said business or in the operation
of any motor propelled vehicle used in transporting passengers for compensation on any public highway of this state.
[1973 c 15 § 1; 1967 c 32 § 82; 1961 c 12 § 46.72.040. Prior:
1947 c 253 § 4; Rem. Supp. 1947 § 6386-4; prior: 1933 c 73
§ 1, part; 1915 c 57 § 2, part; RRS § 6383, part. Formerly
RCW 81.72.040.]
46.72.040
46.72.050 Liability coverage—Right of action saved.
In lieu of the surety bond as provided in this chapter, there
may be deposited and kept on file and in force with the direc46.72.050
(2004 Ed.)
Transportation of Passengers in for Hire Vehicles
tor a public liability insurance policy covering each and every
motor vehicle operated or intended to be so operated, executed by an insurance company licensed and authorized to
write such insurance policies in the state of Washington,
assuring the applicant for a permit against property damage
and personal liability to the public, with the premiums paid
and payment noted thereon. Said policy of insurance shall
provide a minimum coverage equal and identical to the coverage required by the aforesaid surety bond, specified under
the provisions of RCW 46.72.040. No provisions of this
chapter shall be construed to limit the right of any injured
person to any private right of action against a for hire operator as herein defined. [1973 c 15 § 2; 1967 c 32 § 83; 1961 c
12 § 46.72.050. Prior: 1947 c 253 § 5; Rem. Supp. 1947 §
6386-5. Formerly RCW 81.72.050.]
46.72.060
46.72.060 Right of action—Limitation of recovery.
Every person having a cause of action for damages against
any person, firm, or corporation receiving a permit under the
provisions of this chapter, for injury, damages or wrongful
death caused by any careless, negligent or unlawful act of any
such person, firm, or corporation or his, their, or its agents or
employees in conducting or carrying on said business or in
operating any motor propelled vehicle for the carrying and
transporting of passengers over and along any public street,
road or highway shall have a cause of action against the principal and surety upon the bond or the insurance company and
the insured for all damages sustained, and in any such action
the full amount of damages sustained may be recovered
against the principal, but the recovery against the surety shall
be limited to the amount of the bond. [1961 c 12 § 46.72.060.
Prior: 1947 c 253 § 6; Rem. Supp. 1947 § 6386-6; prior:
1929 c 27 § 1; 1927 c 161 § 1; 1915 c 57 § 3; RRS § 6384.
Formerly RCW 81.72.060.]
46.72.070
46.72.070 Certificate—Fee. The director shall approve
and file all bonds and policies of insurance. The director
shall, upon receipt of fees and after approving the bond or
policy, furnish the owner with an appropriate certificate
which must be carried in a conspicuous place in the vehicle at
all times during for hire operation. A for hire operator shall
secure a certificate for each for hire vehicle operated and pay
therefor a fee for each vehicle so registered. Such permit or
certificate shall expire on June 30th of each year, and may be
annually renewed upon payment of a fee. [1992 c 114 § 3;
1967 c 32 § 84; 1961 c 12 § 46.72.070. Prior: 1947 c 253 §
7; Rem. Supp. 1947 § 6386-7. Formerly RCW 81.72.070.]
46.72.080
46.72.080 Substitution of security—New certificate.
In the event the owner substitutes a policy or bond after a for
hire certificate has been issued, a new certificate shall be
issued to the owner. The owner shall submit the substituted
bond or policy to the director for approval, together with a
fee. If the director approves the substituted policy or bond, a
new certificate shall be issued. In the event any certificate has
been lost, destroyed or stolen, a duplicate thereof may be
obtained by filing an affidavit of loss and paying a fee. [1992
c 114 § 4; 1967 c 32 § 85; 1961 c 12 § 46.72.080. Prior: 1947
c 253 § 8; Rem. Supp. 1947 § 6386-8. Formerly RCW
81.72.080.]
(2004 Ed.)
46.72.140
46.72.100
46.72.100 Unprofessional conduct—Bond/insurance
policy—Penalty. (1) In addition to the unprofessional conduct specified in RCW 18.235.130, the director may take disciplinary action if he or she has good reason to believe that
one of the following is true of the operator or the applicant for
a permit or certificate: (a) He or she is guilty of committing
two or more offenses for which mandatory revocation of
driver's license is provided by law; (b) he or she has been
convicted of vehicular homicide or vehicular assault; (c) he
or she is intemperate or addicted to the use of narcotics.
(2) Any for hire operator who operates a for hire vehicle
without first having filed a bond or insurance policy and having received a for hire permit and a for hire certificate as
required by this chapter is guilty of a gross misdemeanor, and
upon conviction shall be punished by imprisonment in jail for
a period not exceeding ninety days or a fine of not exceeding
five hundred dollars, or both fine and imprisonment. [2003 c
53 § 250; 2002 c 86 § 293; 1983 c 164 § 8; 1967 c 32 § 86;
1961 c 12 § 46.72.100. Prior: 1947 c 253 § 9; Rem. Supp.
1947 § 6386-9; prior: 1915 c 57 § 4; RRS § 6385. Formerly
RCW 81.72.100.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
46.72.110
46.72.110 Fees to highway safety fund. All fees
received by the director under the provisions of this chapter
shall be transmitted by him, together with a proper identifying report, to the state treasurer to be deposited by the state
treasurer in the highway safety fund. [1967 c 32 § 87; 1961 c
12 § 46.72.110. Prior: 1947 c 253 § 10; Rem. Supp. 1947 §
6386-10. Formerly RCW 81.72.110.]
46.72.120
46.72.120 Rules. The director is empowered to make
and enforce such rules and regulations, including the setting
of fees, as may be consistent with and necessary to carry out
the provisions of this chapter. [1992 c 114 § 5; 1967 c 32 §
88; 1961 c 12 § 46.72.120. Prior: 1947 c 253 § 11; Rem.
Supp. 1947 § 6386-11. Formerly RCW 81.72.120.]
46.72.130
46.72.130 Nonresident taxicabs—Permit—Fee—
Compliance. No operator of a taxicab licensed or possessing
a permit in another state to transport passengers for hire, and
principally engaged as a for hire operator in another state,
shall cause the operation of a taxicab upon any highway of
this state without first obtaining an annual permit from the
director upon an application accompanied with an annual fee
for each taxicab. The issuance of a permit shall be further
conditioned upon compliance with this chapter. [1992 c 114
§ 6; 1967 c 32 § 89; 1961 c 12 § 46.72.130. Prior: 1953 c 12
§ 1; 1951 c 219 § 1. Formerly RCW 81.72.130.]
46.72.140
46.72.140 Nonresident taxicabs—Permit required
for entry. All law enforcement officers shall refuse every
taxicab entry into this state which does not have a certificate
from the director on the vehicle. [1967 c 32 § 90; 1961 c 12
[Title 46 RCW—page 283]
46.72.150
Title 46 RCW: Motor Vehicles
§ 46.72.140. Prior: 1951 c 219 § 2. Formerly RCW
81.72.140.]
46.72A.120 Rules and fees.
46.72A.130 Continued operation of existing limousines.
46.72A.140 Uniform regulation of business and professions act.
46.72.150
46.72.150 Nonresident taxicabs—Reciprocity. RCW
46.72.130 and 46.72.140 shall be inoperative to operators of
taxicabs residing and licensed in any state which allows
Washington operators of taxicabs to use such state's highways free from such regulations. [1961 c 12 § 46.72.150.
Prior: 1951 c 219 § 3. Formerly RCW 81.72.150.]
46.72.160
46.72.160 Local regulation. Cities, counties, and port
districts may license, control, and regulate all for hire vehicles operating within their respective jurisdictions. The
power to regulate includes:
(1) Regulating entry into the business of providing for
hire vehicle transportation services;
(2) Requiring a license to be purchased as a condition of
operating a for hire vehicle and the right to revoke, cancel, or
refuse to reissue a license for failure to comply with regulatory requirements;
(3) Controlling the rates charged for providing for hire
vehicle transportation service and the manner in which rates
are calculated and collected;
(4) Regulating the routes and operations of for hire vehicles, including restricting access to airports;
(5) Establishing safety and equipment requirements; and
(6) Any other requirements adopted to ensure safe and
reliable for hire vehicle transportation service. [1996 c 87 §
19.]
46.72.170
46.72.170 Joint regulation. The department, a city,
county, or port district may enter into cooperative agreements
with any other city, town, county, or port district for the joint
regulation of for hire vehicles. Cooperative agreements may
provide for, but are not limited to, the granting, revocation,
and suspension of joint for hire vehicle licenses. [1996 c 87
§ 20.]
46.72.180
46.72.180 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 294.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Chapter 46.72A
Chapter 46.72A RCW
LIMOUSINES
Sections
46.72A.010
46.72A.020
46.72A.030
46.72A.040
46.72A.050
46.72A.060
46.72A.070
46.72A.080
46.72A.090
46.72A.100
46.72A.110
46.72A.010
46.72A.010 Finding and intent. The legislature finds
and declares that privately operated limousine transportation
service is a vital part of the transportation system within the
state and provides prearranged transportation services to state
residents, tourists, and out-of-state business people. Consequently, the safety, reliability, and stability of privately operated limousine transportation services are matters of statewide importance. The regulation of privately operated limousine transportation services is thus an essential governmental
function. Therefore, it is the intent of the legislature to permit
the department and a port district in a county with a population of one million or more to regulate limousine transportation services without liability under federal antitrust laws.
[1996 c 87 § 4.]
Transfer of powers, duties, and functions—1996 c 87: "(1) All powers, duties, and functions of the utilities and transportation commission pertaining to the regulation of limousines and limousine charter party carriers
are transferred to the department of licensing. All references to the utilities
and transportation commission in the Revised Code of Washington shall be
construed to mean the director or the department of licensing when referring
to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files, papers, or
written material in the possession of the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of licensing. All cabinets, furniture,
office equipment, motor vehicles, and other tangible property employed by
the utilities and transportation commission in carrying out the powers, functions, and duties transferred shall be made available to the department of
licensing. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of
licensing.
(b) Any appropriations made to the utilities and transportation commission for carrying out the powers, functions, and duties transferred shall, on
June 6, 1996, be transferred and credited to the department of licensing.
(c) Whenever any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other tangible
property used or held in the exercise of the powers and the performance of
the duties and functions transferred, the director of financial management
shall make a determination as to the proper allocation and certify the same to
the state agencies concerned.
(3) All rules and all pending business before the utilities and transportation commission pertaining to the powers, functions, and duties transferred
shall be continued and acted upon by the department of licensing. All existing contracts and obligations shall remain in full force and shall be performed by the department of licensing.
(4) The transfer of the powers, duties, and functions of the utilities and
transportation commission shall not affect the validity of any act performed
before June 6, 1996.
(5) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial management shall
certify the apportionments to the agencies affected, the state auditor, and the
state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification." [1996 c 87 § 22.]
46.72A.020
Finding and intent.
Office required—Exception.
Regulation—Inspection.
State preemption.
Business license, vehicle certificates required.
Insurance—Amount—Penalty.
Vehicle certificates—Issuance of new or duplicate certificate—Penalty.
Advertising—Penalty.
Chauffeurs—Criteria for.
Unprofessional conduct—Sanctions—Chauffeur.
Deposit of fees.
[Title 46 RCW—page 284]
46.72A.020 Office required—Exception. All limousine carriers must operate from a main office and may have
satellite offices. However, no office may be solely in a vehicle of any type. All arrangements for the carrier's services
must be made through its offices and dispatched to the carrier's vehicles. Under no circumstances may customers or
customers' agents make arrangements for immediate rental of
a carrier's vehicle with the driver of the vehicle, even if the
driver is an owner or officer of the company, with the single
exception of stand-hail limousines only at a facility owned
(2004 Ed.)
Limousines
and operated by a port district in a county with a population
of one million or more that are licensed and restricted by the
rules and policies set forth by the port district. [1996 c 87 §
5.]
46.72A.030
46.72A.030 Regulation—Inspection. (1) The department, in conjunction with the Washington state patrol, shall
regulate limousine carriers with respect to entry, safety of
equipment, chauffeur qualifications, and operations. The
department shall adopt rules and require such reports as are
necessary to carry out this chapter.
(2) In addition, a port district in a county with a population of one million or more may regulate limousine carriers
with respect to entry, safety of equipment, chauffeur qualifications, and operations. The county in which the port district
is located may adopt ordinances and rules to assist the port
district in enforcement of limousine regulations only at port
facilities. In no event may this be construed to grant the
county the authority to regulate limousines within its jurisdiction. The port district may not set limousine rates, but the limousine carriers shall file their rates and schedules with the
port district.
(3) The department, a port district in a county with a population of at least one million, or a county in which the port
district is located may enter into cooperative agreements for
the joint regulation of limousines.
(4) The Washington state patrol shall annually conduct a
vehicle inspection of each limousine licensed under this
chapter, except when a port district regulates limousine carriers under subsection (2) of this section, that port district or
county in which the port [district] is located shall conduct the
annual vehicle inspection. The patrol, the port district, or the
county may impose an annual vehicle inspection fee. [1996 c
87 § 6.]
46.72A.080
a company licensed to sell liability insurance in this state for
each limousine used to transport persons for compensation.
(2) The department shall fix the amount of the insurance
policy or policies, giving consideration to the character and
amount of traffic, the number of persons affected, and the
degree of danger that the proposed operation involves. The
limousine carrier must maintain the liability and property
damage insurance in force on each motor-propelled vehicle
while so used.
(3) Failure to file and maintain in effect the insurance
required under this section is a gross misdemeanor. [2003 c
53 § 251; 1996 c 87 § 9.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.72A.070
46.72A.070 Vehicle certificates—Issuance of new or
duplicate certificate—Penalty. (1) If the limousine carrier
substitutes a liability and property damage insurance policy
after a vehicle certificate has been issued, a new vehicle certificate is required. The limousine carrier shall submit the
substituted policy to the department for approval, together
with a fee. If the department approves the substituted policy,
the department shall issue a new vehicle certificate.
(2) If a vehicle certificate has been lost, destroyed, or
stolen, a duplicate vehicle certificate may be obtained by filing an affidavit of loss and paying a fee.
(3)(a) Except as provided in (b) of this subsection, a limousine carrier who operates a vehicle without first having
received a vehicle certificate as required by this chapter is
guilty of a misdemeanor.
(b) A second or subsequent offense is a gross misdemeanor. [2003 c 53 § 252; 1996 c 87 § 10.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.72A.080 Advertising—Penalty. (1) No limousine
carrier may advertise without listing the carrier's unified business identifier issued by the department in the advertisement
and specifying the type of service offered as provided in
RCW 46.04.274. No limousine carrier may advertise or hold
itself out to the public as providing taxicab transportation services.
(2) All advertising, contracts, correspondence, cards,
signs, posters, papers, and documents that show a limousine
carrier's name or address shall list the carrier's unified business identifier and the type of service offered. The alphabetized listing of limousine carriers appearing in the advertising
sections of telephone books or other directories and all advertising that shows the carrier's name or address must show the
carrier's current unified business identifier.
(3) Advertising in the alphabetical listing in a telephone
directory need not contain the carrier's certified business
identifier.
(4) Advertising by electronic transmission need not contain the carrier's unified business identifier if the carrier provides it to the person selling the advertisement and it is
recorded in the advertising contract.
(5) It is a gross misdemeanor for a person to (a) falsify a
unified business identifier or use a false or inaccurate unified
business identifier; (b) fail to specify the type of service
offered; or (c) advertise or otherwise hold itself out to the
46.72A.080
46.72A.040
46.72A.040 State preemption. Except when a port district regulates limousine carriers under RCW 46.72A.030, the
state of Washington fully occupies and preempts the entire
field of regulation over limousine carriers as regulated by this
chapter. Cities, towns, and counties or other municipalities
may enact only those laws and ordinances relating to limousine carriers that are consistent with this chapter. [1996 c 87
§ 7.]
46.72A.050
46.72A.050 Business license, vehicle certificates
required. No limousine carrier may operate a limousine
upon the highways of this state without first obtaining a business license from the department. The applicant shall forward
an application for a business license to the department along
with a fee established by rule. Upon approval of the application, the department shall issue a business license and unified
business identifier authorizing the carrier to operate limousines upon the highways of this state.
In addition, a limousine carrier shall annually obtain,
upon payment of the appropriate fee, a vehicle certificate for
each limousine operated by the carrier. [1996 c 87 § 8.]
46.72A.060
46.72A.060 Insurance—Amount—Penalty. (1) The
department shall require limousine carriers to obtain and continue in effect, liability and property damage insurance from
(2004 Ed.)
[Title 46 RCW—page 285]
46.72A.090
Title 46 RCW: Motor Vehicles
public as providing taxicab transportation services in connection with a solicitation or identification as an authorized limousine carrier. [1997 c 193 § 1; 1996 c 87 § 11.]
46.72A.090
46.72A.090 Chauffeurs—Criteria for. The limousine
carrier shall certify to the appropriate regulating authority
that each chauffeur hired to operate a limousine meets the following criteria: (1) Is at least twenty-one years of age; (2)
holds a valid Washington state driver's license; (3) has successfully completed a training course approved by the department; (4) has successfully passed a written examination; (5)
has successfully completed a background check performed
by the Washington state patrol; and (6) has submitted a medical certificate certifying the individual's fitness as a chauffeur. Upon initial application and every three years thereafter,
a chauffeur must file a physician's certification with the limousine carrier validating the individual's fitness to drive a
limousine. The department shall determine the scope of the
examination. The director may require a chauffeur to be reexamined at any time.
The limousine carrier shall keep on file and make available for inspection all documents required by this section.
[1996 c 87 § 12.]
46.72A.100
46.72A.100 Unprofessional conduct—Sanctions—
Chauffeur. The director may impose any of the sanctions
specified in RCW 18.235.110 for unprofessional conduct as
described in RCW 18.235.130 or if one of the following is
true of a chauffeur hired to drive a limousine including where
such a chauffeur is also the carrier: (1) The person has been
convicted of an offense of such a nature as to indicate that he
or she is unfit to qualify as a chauffeur; (2) the person is
guilty of committing two or more offenses for which mandatory revocation of a driver's license is provided by law; (3)
the person has been convicted of vehicular homicide or
vehicular assault; (4) the person is intemperate or addicted to
narcotics. [2002 c 86 § 295; 1996 c 87 § 13.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
46.72A.110
46.72A.110 Deposit of fees. The department shall
transmit all fees received under this chapter, together with a
proper identifying report, to the state treasurer to be deposited
by the state treasurer in the master license fund. [1996 c 87 §
14.]
limousine carrier otherwise comply with this chapter. [1996
c 87 § 16.]
*Reviser's note: Chapter 81.90 RCW was repealed by 1996 c 87 § 23.
46.72A.140
46.72A.140 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 296.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Chapter 46.73
Chapter 46.73 RCW
PRIVATE CARRIER DRIVERS
Sections
46.73.010
46.73.020
46.73.030
Qualifications and hours of service.
Federal funds as necessary condition.
Penalty.
Rules of court: Monetary penalty schedule—IRLJ 6.2.
46.73.010
46.73.010 Qualifications and hours of service. The
Washington state patrol may adopt rules establishing standards for qualifications and hours of service of drivers for private carriers as defined by RCW 81.80.010(6). Such standards shall correlate with and, as far as reasonable, conform
to the regulations contained in Title 49 C.F.R., Chapter 3,
Subchapter B, Parts 391 and 395, on July 28, 1985. At least
thirty days before filing notice of the proposed rules with the
code reviser, the state patrol shall submit them to the legislative transportation committee for review. [1985 c 333 § 1.]
Legislative transportation committee: Chapter 44.40 RCW.
46.73.020
46.73.020 Federal funds as necessary condition. The
delegation of rule-making authority contained in RCW
46.73.010 is conditioned upon the continued receipt of federal funds or grants for the support of state enforcement of
such rules. Within ninety days of finding that federal funds or
grants are withdrawn or not renewed, the Washington state
patrol and the Washington utilities and transportation commission shall repeal any and all rules adopted under RCW
46.73.010. [1985 c 333 § 2.]
46.73.030
46.73.030 Penalty. A violation of any rule adopted by
the Washington state patrol under RCW 46.73.010 is a traffic
infraction. [1985 c 333 § 3.]
46.72A.120
46.72A.120 Rules and fees. The department may adopt
and enforce such rules, including the setting of fees, as may
be consistent with and necessary to carry out this chapter.
The fees must approximate the cost of administration. [1996
c 87 § 15.]
46.72A.130
46.72A.130 Continued operation of existing limousines. A vehicle operated as a limousine under *chapter
81.90 RCW before April 1, 1996, may continue to operate as
a limousine even though it may not meet the definition of
limousine in RCW 46.04.274 as long as the owner is the same
as the registered owner on April 1, 1996, and the vehicle and
[Title 46 RCW—page 286]
Chapter 46.74
Chapter 46.74 RCW
RIDE SHARING
Sections
46.74.010
46.74.020
46.74.030
Definitions.
Exclusion from for hire vehicle laws.
Operators.
Acquisition and disposal of vehicle for commuter ride sharing by city
employees: RCW 35.21.810.
Public utility tax exemption: RCW 82.16.047.
State-owned vehicles used for commuter ride sharing: RCW 43.41.130.
(2004 Ed.)
Motor Vehicle Transporters
46.74.010
46.74.010 Definitions. The definitions set forth in this
section shall apply throughout this chapter, unless the context
clearly indicates otherwise.
(1) "Commuter ride sharing" means a car pool or van
pool arrangement whereby one or more fixed groups not
exceeding fifteen persons each including the drivers, and (a)
not fewer than five persons including the drivers, or (b) not
fewer than four persons including the drivers where at least
two of those persons are confined to wheelchairs when
riding, are transported in a passenger motor vehicle with a
gross vehicle weight not exceeding ten thousand pounds,
excluding special rider equipment, between their places of
abode or termini near such places, and their places of
employment or educational or other institutions, each group
in a single daily round trip where the drivers are also on the
way to or from their places of employment or educational or
other institution.
(2) "Flexible commuter ride sharing" means a car pool or
van pool arrangement whereby a group of at least two but not
exceeding fifteen persons including the driver is transported
in a passenger motor vehicle with a gross vehicle weight not
exceeding ten thousand pounds, excluding special rider
equipment, between their places of abode or termini near
such places, and their places of employment or educational or
other institutions, where the driver is also on the way to or
from his or her place of employment or educational or other
institution.
(3) "Ride sharing for persons with special transportation
needs" means an arrangement whereby a group of persons
with special transportation needs, and their attendants, is
transported by a public social service agency or a private,
nonprofit transportation provider as defined in RCW
81.66.010(3) in a passenger motor vehicle as defined by the
department to include small buses, cutaways, and modified
vans not more than twenty-eight feet long: PROVIDED,
That the driver need not be a person with special transportation needs.
(4) "Ride-sharing operator" means the person, entity, or
concern, not necessarily the driver, responsible for the existence and continuance of commuter ride sharing, flexible
commuter ride sharing, or ride sharing for persons with special transportation needs. The term "ride-sharing operator"
includes but is not limited to an employer, an employer's
agent, an employer-organized association, a state agency, a
county, a city, a public transportation benefit area, or any
other political subdivision that owns or leases a ride-sharing
vehicle.
(5) "Ride-sharing promotional activities" means those
activities involved in forming a commuter ride-sharing
arrangement or a flexible commuter ride-sharing arrangement, including but not limited to receiving information from
existing and prospective ride-sharing participants, sharing
that information with other existing and prospective ridesharing participants, matching those persons with other existing or prospective ride-sharing participants, and making
assignments of persons to ride-sharing arrangements.
(6) "Persons with special transportation needs" means
those persons defined in RCW 81.66.010(4). [1997 c 250 §
8; 1997 c 95 § 1; 1996 c 244 § 2; 1979 c 111 § 1.]
Reviser's note: This section was amended by 1997 c 95 § 1 and by
1997 c 250 § 8, each without reference to the other. Both amendments are
(2004 Ed.)
46.76.010
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—1979 c 111: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1979 c 111 § 21.]
46.74.020
46.74.020 Exclusion from for hire vehicle laws. Ridesharing vehicles are not deemed for hire vehicles and do not
fall within the provisions of chapter 46.72 RCW or any other
provision of Title 46 RCW affecting for hire vehicles,
whether or not the ride-sharing operator receives compensation. [1979 c 111 § 2.]
Severability—1979 c 111: See note following RCW 46.74.010.
46.74.030
46.74.030 Operators. The operator and the driver of a
commuter ride-sharing vehicle or a flexible commuter ridesharing vehicle shall be held to a reasonable and ordinary
standard of care, and are not subject to ordinances or regulations which relate exclusively to the regulation of drivers or
owners of motor vehicles operated for hire, or other common
carriers or public transit carriers. No person, entity, or concern may, as a result of engaging in ride-sharing promotional
activities, be liable for civil damages arising directly or indirectly (1) from the maintenance and operation of a commuter
ride-sharing or flexible commuter ride-sharing vehicle; or (2)
from an intentional act of another person who is participating
or proposing to participate in a commuter ride-sharing or
flexible commuter ride-sharing arrangement, unless the ridesharing operator or promoter had prior, actual knowledge that
the intentional act was likely to occur and had a reasonable
ability to prevent the act from occurring. [1997 c 250 § 9;
1996 c 244 § 3; 1979 c 111 § 3.]
Severability—1979 c 111: See note following RCW 46.74.010.
Chapter 46.76
Chapter 46.76 RCW
MOTOR VEHICLE TRANSPORTERS
Sections
46.76.010
46.76.020
46.76.030
46.76.040
46.76.050
46.76.055
46.76.060
46.76.065
46.76.067
46.76.070
46.76.080
License required—Exceptions—"Driveaway," "towaway,"
method defined.
Application for license.
Issuance of license—Plates.
License and plate fees.
Expiration, renewal—Fee.
Staggering renewal periods.
Display of plates—Nontransferability.
Grounds for denial, suspension, or revocation of license.
Compliance with chapter 81.80 RCW.
Rules.
Penalty.
46.76.010
46.76.010 License required—Exceptions—"Driveaway," "towaway," method defined. It shall be unlawful
for any person, firm, partnership, association, or corporation
to engage in the business of delivering by the driveaway or
towaway methods vehicles not his own and of a type required
to be registered under the laws of this state, without procuring
a transporter's license in accordance with the provisions of
this chapter.
This shall not apply to motor freight carriers or operations regularly licensed under the provisions of chapter 81.80
RCW to haul such vehicles on trailers or semitrailers.
[Title 46 RCW—page 287]
46.76.020
Title 46 RCW: Motor Vehicles
Driveaway or towaway methods means the delivery service rendered by a motor vehicle transporter wherein motor
vehicles are driven singly or in combinations by the towbar,
saddlemount or fullmount methods or any lawful combinations thereof, or where a truck or truck-tractor draws or tows
a semitrailer or trailer. [1961 c 12 § 46.76.010. Prior: 1957 c
107 § 1; 1953 c 155 § 1; 1947 c 97 § 1; Rem. Supp. 1947 §
6382-75.]
46.76.020
46.76.020 Application for license. Application for a
transporter's license shall be made on a form provided for that
purpose by the director of licensing and when executed shall
be forwarded to the director together with the proper fee. The
application shall contain the name and address of the applicant and such other information as the director may require.
[1979 c 158 § 189; 1967 c 32 § 91; 1961 c 12 § 46.76.020.
Prior: 1947 c 97 § 2; Rem. Supp. 1947 § 6382-76.]
46.76.030
46.76.030 Issuance of license—Plates. Upon receiving
an application for transporter's license the director, if satisfied that the applicant is entitled thereto, shall issue a proper
certificate of license registration and a distinctive set of
license plates and shall transmit the fees obtained therefor
with a proper identifying report to the state treasurer, who
shall deposit such fees in the motor vehicle fund. The certificate of license registration and license plates issued by the
director shall authorize the holder of the license to drive or
tow any motor vehicle or trailers upon the public highways.
[1967 c 32 § 92; 1961 c 12 § 46.76.030. Prior: 1947 c 97 § 3;
Rem. Supp. 1947 § 6382-77.]
46.76.040
46.76.040 License and plate fees. The fee for an original transporter's license is twenty-five dollars. Transporter
license number plates bearing an appropriate symbol and
serial number shall be attached to all vehicles being delivered
in the conduct of the business licensed under this chapter.
The plates may be obtained for a fee of two dollars for each
set. [1990 c 250 § 68; 1961 c 12 § 46.76.040. Prior: 1957 c
107 § 2; 1947 c 97 § 4; Rem. Supp. 1947 § 6382-78.]
Severability—1990 c 250: See note following RCW 46.16.301.
[1961 c 12 § 46.76.060. Prior: 1957 c 107 § 3; 1947 c 97 § 6;
Rem. Supp. 1947 § 6382-80.]
46.76.065 Grounds for denial, suspension, or revocation of license. The following conduct shall be sufficient
grounds pursuant to RCW 34.05.422 for the director or a designee to deny, suspend, or revoke the license of a motor vehicle transporter:
(1) Using transporter plates for driveaway or towaway of
any vehicle owned by such transporter;
(2) Knowingly, as that term is defined in RCW
9A.08.010(1)(b), having possession of a stolen vehicle or a
vehicle with a defaced, missing, or obliterated manufacturer's
identification serial number;
(3) Loaning transporter plates;
(4) Using transporter plates for any purpose other than as
provided under RCW 46.76.010; or
(5) Violation of provisions of this chapter or of rules and
regulations adopted relating to enforcement and proper operation of this chapter. [1977 ex.s. c 254 § 1.]
46.76.065
46.76.067
46.76.067 Compliance with chapter 81.80 RCW. (1)
Any person or organization that transports any mobile home
or other vehicle for hire shall comply with this chapter and
chapter 81.80 RCW. Persons or organizations that do not
have a valid permit or meet other requirements under chapter
81.80 RCW shall not be issued a transporter license or transporter plates to transport mobile homes or other vehicles.
RCW 46.76.065(5) applies to persons or organizations that
have transporter licenses or plates and do not meet the
requirements of chapter 81.80 RCW.
(2) This section does not apply to mobile home manufacturers or dealers that are licensed and delivering the mobile
home under chapter 46.70 RCW. [1988 c 239 § 4.]
46.76.070 Rules. The director may make any reasonable rules or regulations not inconsistent with the provisions
of this chapter relating to the enforcement and proper operation of this chapter. [1967 c 32 § 93; 1961 c 12 § 46.76.070.
Prior: 1947 c 97 § 7; Rem. Supp. 1947 § 6382-81.]
46.76.070
46.76.080 Penalty. The violation of any provision of
this chapter is a traffic infraction. In addition to any other
penalty imposed upon a violator of the provisions of this
chapter, the director may confiscate any transporter license
plates used in connection with such violation. [1979 ex.s. c
136 § 96; 1961 c 12 § 46.76.080. Prior: 1947 c 97 § 8; Rem.
Supp. 1947 § 6382-82.]
46.76.080
46.76.050
46.76.050 Expiration, renewal—Fee. A transporter's
license expires on the date assigned by the director, and may
be renewed by filing a proper application and paying an
annual fee of fifteen dollars. [1985 c 109 § 3; 1961 c 12 §
46.76.050. Prior: 1947 c 97 § 5; Rem. Supp. 1947 § 638279.]
46.76.055
46.76.055 Staggering renewal periods. Notwithstanding any provision of law to the contrary, the director may
extend or diminish the licensing period of transporters for the
purpose of staggering renewal periods. The extension or
diminishment shall be by rule of the department adopted in
accordance with chapter 34.05 RCW. [1985 c 109 § 4.]
46.76.060
46.76.060 Display of plates—Nontransferability.
Transporter's license plates shall be conspicuously displayed
on all vehicles being delivered by the driveaway or towaway
methods. These plates shall not be loaned to or used by any
person other than the holder of the license or his employees.
[Title 46 RCW—page 288]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Chapter 46.79 RCW
HULK HAULERS AND SCRAP PROCESSORS
Chapter 46.79
Sections
46.79.010
46.79.020
46.79.030
46.79.040
Definitions.
Transporting junk vehicles to scrap processor—Removal of
parts, restrictions.
Application for license, renewal—Form—Signature—Contents.
Application forwarded with fees—Issuance of license—Disposition of fees—Display of license.
(2004 Ed.)
Hulk Haulers and Scrap Processors
46.79.050
46.79.055
46.79.060
46.79.070
46.79.080
46.79.090
46.79.100
46.79.110
46.79.120
46.79.130
License expiration—Renewal fee—Surrender of license,
when.
Staggering renewal periods.
Special license plates—Fee.
Acts subject to penalties.
Rules.
Inspection of premises and records—Certificate of inspection.
Other provisions to comply with chapter.
Chapter not to prohibit individual towing of vehicles to wreckers or processors.
Unlicensed hulk hauling or scrap processing—Penalty.
Wholesale motor vehicle auction dealers.
46.79.010 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context indicates otherwise.
(1) "Junk vehicle" means a motor vehicle certified under
RCW 46.55.230 as meeting all the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but
not limited to any of the following: A broken window or
windshield or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Is without a valid, current registration plate;
(e) Has a fair market value equal only to the value of the
scrap in it.
(2) "Scrap processor" means a licensed establishment
that maintains a hydraulic baler and shears, or a shredder for
recycling salvage.
(3) "Demolish" means to destroy completely by use of a
hydraulic baler and shears, or a shredder.
(4) "Hulk hauler" means any person who deals in vehicles for the sole purpose of transporting and/or selling them
to a licensed vehicle wrecker or scrap processor in substantially the same form in which they are obtained. A hulk hauler
may not sell second-hand motor vehicle parts to anyone other
than a licensed vehicle wrecker or scrap processor, except for
those parts specifically enumerated in RCW 46.79.020(2), as
now or hereafter amended, which may be sold to a licensed
vehicle wrecker or disposed of at a public facility for waste
disposal.
(5) "Director" means the director of licensing.
(6) "Major component parts" include engines and short
blocks, frames, transmissions or transfer cases, cabs, doors,
front or rear differentials, front or rear clips, quarter panels or
fenders, bumpers, truck beds or boxes, seats, and hoods.
[2001 c 64 § 10; 1990 c 250 § 69; 1983 c 142 § 2; 1979 c 158
§ 190; 1971 ex.s. c 110 § 1.]
46.79.010
Severability—1990 c 250: See note following RCW 46.16.301.
46.79.040
(2) Prepare vehicles and vehicle salvage for transportation and delivery to a scrap processor or vehicle wrecker only
by removing the following vehicle parts:
(a) Gas tanks;
(b) Vehicle seats containing springs;
(c) Tires;
(d) Wheels;
(e) Scrap batteries;
(f) Scrap radiators.
Such parts may not be removed if they will be accepted
by a scrap processor or wrecker. Such parts may be removed
only at a properly zoned location, and all preparation activity,
vehicles, and vehicle parts shall be obscured from public
view. Storage is limited to two vehicles or the parts thereof
which are authorized by this subsection, and any such storage
may take place only at a properly zoned location. Any vehicle
parts removed under the authority of this subsection shall be
lawfully disposed of at or through a public facility or service
for waste disposal or by sale to a licensed vehicle wrecker.
[2001 c 64 § 11; 1990 c 250 § 70; 1987 c 62 § 1; 1983 c 142
§ 3; 1979 c 158 § 191; 1971 ex.s. c 110 § 2.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.79.030
46.79.030 Application for license, renewal—Form—
Signature—Contents. Application for a hulk hauler's
license or a scrap processor's license or renewal of a hulk
hauler's license or a scrap processor's license shall be made
on a form for this purpose, furnished by the director, and shall
be signed by the applicant or his authorized agent and shall
include the following information:
(1) Name and address of the person, firm, partnership,
association or corporation under which name the business is
to be conducted;
(2) Names and residence address of all persons having an
interest in the business or, if the owner is a corporation, the
names and addresses of the officers thereof;
(3) Certificate of approval of the chief of police of any
city or town, wherever located, having a population of over
five thousand persons and in all other instances a member of
the state patrol certifying that the applicant can be found at
the address shown on the application, and;
(4) Any other information that the director may require.
[1971 ex.s. c 110 § 3.]
46.79.040
46.79.020
46.79.020 Transporting junk vehicles to scrap processor—Removal of parts, restrictions. Any hulk hauler or
scrap processor licensed under the provisions of this chapter
may:
(1) Notwithstanding any other provision of law, transport any flattened or junk vehicle whether such vehicle is
from in state or out of state, to a scrap processor upon obtaining the certificate of title or release of interest from the owner
or an affidavit of sale from the landowner who has complied
with RCW 46.55.230. The scrap processor shall forward such
document(s) to the department, together with a monthly
report of all vehicles acquired from other than a licensed
automobile wrecker, and no further identification shall be
necessary.
(2004 Ed.)
46.79.040 Application forwarded with fees—Issuance of license—Disposition of fees—Display of license.
Application for a hulk hauler's license, together with a fee of
ten dollars, or application for a scrap processor's license,
together with a fee of twenty-five dollars, shall be forwarded
to the director. Upon receipt of the application the director
shall, if the application be in order, issue the license applied
for authorizing him to do business as such and forward the
fee, together with an itemized and detailed report, to the state
treasurer, to be deposited in the motor vehicle fund. Upon
receiving the certificate the owner shall cause it to be prominently displayed at the address shown in his application,
where it may be inspected by an investigating officer at any
time. [1971 ex.s. c 110 § 4.]
[Title 46 RCW—page 289]
46.79.050
Title 46 RCW: Motor Vehicles
46.79.050 License expiration—Renewal fee—Surrender of license, when. A license issued pursuant to this
chapter expires on the date assigned by the director, and may
be renewed by filing a proper application and payment of a
fee of ten dollars.
Whenever a hulk hauler or scrap processor ceases to do
business or the license has been suspended or revoked, the
license shall immediately be surrendered to the director.
[1985 c 109 § 5; 1983 c 142 § 4; 1971 ex.s. c 110 § 5.]
46.79.050
46.79.055 Staggering renewal periods. Notwithstanding any provision of law to the contrary, the director may
extend or diminish the licensing period of hulk haulers and
scrap processors for the purpose of staggering renewal periods. The extension or diminishment shall be by rule of the
department adopted in accordance with chapter 34.05 RCW.
[1985 c 109 § 6.]
46.79.055
46.79.060 Special license plates—Fee. The hulk
hauler or scrap processor shall obtain a special set of license
plates in addition to the regular licenses and plates required
for the operation of vehicles owned and/or operated by him
and used in the conduct of his business. Such special license
shall be displayed on the operational vehicles and shall be in
lieu of a trip permit or current license on any vehicle being
transported. The fee for these plates shall be five dollars for
the original plates and two dollars for each additional set of
plates bearing the same license number. [1971 ex.s. c 110 §
6.]
46.79.060
46.79.070 Acts subject to penalties. The director may
by order pursuant to the provisions of chapter 34.05 RCW,
deny, suspend, or revoke the license of any hulk hauler or
scrap processor or, in lieu thereof or in addition thereto, may
by order assess monetary penalties of a civil nature not to
exceed five hundred dollars per violation, whenever the
director finds that the applicant or licensee:
(1) Removed a vehicle or vehicle major component part
from property without obtaining both the written permission
of the property owner and documentation approved by the
department for acquiring vehicles, junk vehicles, or major
component parts thereof;
(2) Acquired, disposed of, or possessed a vehicle or
major component part thereof when he or she knew that such
vehicle or part had been stolen or appropriated without the
consent of the owner;
(3) Sold, bought, received, concealed, had in his or her
possession, or disposed of a vehicle or major component part
thereof having a missing, defaced, altered, or covered manufacturer's identification number, unless approved by a law
enforcement officer;
(4) Committed forgery or made any material misrepresentation on any document relating to the acquisition, disposition, registration, titling, or licensing of a vehicle pursuant
to Title 46 RCW;
(5) Committed any dishonest act or omission which has
caused loss or serious inconvenience as a result of the acquisition or disposition of a vehicle or any major component
part thereof;
(6) Failed to comply with any of the provisions of this
chapter or other applicable law relating to registration and
certificates of title of vehicles and any other document releasing any interest in a vehicle;
(7) Been authorized to remove a particular vehicle or
vehicles and failed to take all remnants and debris from those
vehicles from that area unless requested not to do so by the
person authorizing the removal;
(8) Removed parts from a vehicle at other than an
approved location or removed or sold parts or vehicles
beyond the scope authorized by this chapter or any rule
adopted hereunder;
(9) Been adjudged guilty of a crime which directly
relates to the business of a hulk hauler or scrap processor and
the time elapsed since the adjudication is less than five years.
For the purposes of this section adjudged guilty means, in
addition to a final conviction in either a federal, state, or
municipal court, an unvacated forfeiture of bail or collateral
deposited to secure a defendant's appearance in court, the
payment of a fine, a plea of guilty, or a finding of guilt
regardless of whether the imposition of sentence is deferred
or the penalty is suspended; or
(10) Been the holder of a license issued pursuant to this
chapter which was revoked for cause and never reissued by
the department, or which license was suspended for cause
and the terms of the suspension have not been fulfilled, or
which license was assessed a civil penalty and the assessed
amount has not been paid. [1990 c 250 § 71; 1983 c 142 § 5;
1971 ex.s. c 110 § 7.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.79.070
[Title 46 RCW—page 290]
46.79.080
46.79.080 Rules. The director is hereby authorized to
promulgate and adopt reasonable rules and regulations not in
conflict with provisions hereof for the proper operation and
enforcement of this chapter. [1971 ex.s. c 110 § 8.]
46.79.090
46.79.090 Inspection of premises and records—Certificate of inspection. It shall be the duty of the chiefs of
police, or the Washington state patrol, in cities having a population of over five thousand persons, and in all other cases
the Washington state patrol, to make periodic inspection of
the hulk hauler's or scrap processor's premises and records
provided for in this chapter, and furnish a certificate of
inspection to the director in such manner as may be determined by the director: PROVIDED, That the above inspection in any instance can be made by an authorized representative of the department.
The department is hereby authorized to enlist the services and cooperation of any law enforcement officer or state
agency of another state to inspect the premises of any hulk
hauler or scrap processor whose established place of business
is in that other state but who is licensed to transport automobile hulks within Washington state. [1983 c 142 § 6; 1971
ex.s. c 110 § 9.]
46.79.100
46.79.100 Other provisions to comply with chapter.
Any municipality or political subdivision of this state which
now has or subsequently makes provision for the regulation
of hulk haulers or scrap processors shall comply strictly with
the provisions of this chapter. [1971 ex.s. c 110 § 10.]
(2004 Ed.)
Vehicle Wreckers
46.79.110
46.79.110 Chapter not to prohibit individual towing
of vehicles to wreckers or processors. Nothing contained in
this chapter shall be construed to prohibit any individual not
engaged in business as a hulk hauler or scrap processor from
towing any vehicle owned by him or her to any vehicle
wrecker or scrap processor. [2001 c 64 § 12; 1983 c 142 § 7;
1971 ex.s. c 110 § 11.]
46.79.120
46.79.120 Unlicensed hulk hauling or scrap processing—Penalty. Any hulk hauler or scrap processor who
engages in the business of hulk hauling or scrap processing
without holding a current license issued by the department
for authorization to do so, or, holding such a license, exceeds
the authority granted by that license, is guilty of a gross misdemeanor. [1983 c 142 § 8.]
46.80.010
parts in the state of Washington vitally affects the general
economy of the state and the public interest and the public
welfare, and that in order to promote the public interest and
the public welfare and in the exercise of its police power, it is
necessary to regulate and license vehicle wreckers and dismantlers, the buyers-for-resale, and the sellers of secondhand vehicle components doing business in Washington, in
order to prevent the sale of stolen vehicle parts, to prevent
frauds, impositions, and other abuses, and to preserve the
investments and properties of the citizens of this state. [1995
c 256 § 3; 1977 ex.s. c 253 § 1.]
Severability—1977 ex.s. c 253: "If any provision of this 1977 amendatory act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of
the amendatory act and the applicability thereof to persons and circumstances shall not be affected thereby." [1977 ex.s. c 253 § 14.]
46.79.130
46.79.130 Wholesale motor vehicle auction dealers.
(1) A wholesale motor vehicle auction dealer may:
(a) Sell any classification of motor vehicle;
(b) Sell only to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington
or licensed by any other state; or
(c) Sell a motor vehicle belonging to the United States
government, the state of Washington, or a political subdivision to nonlicensed persons as may be required by the contracting public agency. However, a publicly owned "wrecked
vehicle" as defined in RCW 46.80.010 may be sold to motor
vehicle dealers and vehicle wreckers licensed under Title 46
RCW by the state of Washington or licensed by any other
state.
(2) If the wholesale motor vehicle auction dealer knows
that a vehicle is a "wrecked vehicle" as defined by RCW
46.80.010, the dealer must disclose this fact on the bill of
sale. [1998 c 282 § 4.]
Chapter 46.80
Chapter 46.80 RCW
VEHICLE WRECKERS
Sections
46.80.005
46.80.010
46.80.020
46.80.030
46.80.040
46.80.050
46.80.060
46.80.070
46.80.080
46.80.090
46.80.100
46.80.110
46.80.121
46.80.130
46.80.140
46.80.150
46.80.160
46.80.170
46.80.180
46.80.190
46.80.200
46.80.900
Legislative declaration.
Definitions.
License required—Penalty.
Application for license—Contents.
Issuance of license—Fee.
Expiration, renewal—Fee.
License plates—Fee—Display.
Bond.
Records—Penalty.
Reports to department—Evidence of ownership.
Cancellation of bond.
License penalties, civil fines, criminal penalties.
False or unqualified applications.
All storage at place of business—Screening required—Penalty.
Rules.
Inspection of licensed premises and records.
Municipal compliance.
Violations—Penalties.
Cease and desist orders—Fines.
Subpoenas.
Wholesale motor vehicle auction dealers.
Liberal construction.
Hulk haulers and scrap processors: Chapter 46.79 RCW.
46.80.005
46.80.005 Legislative declaration. The legislature
finds and declares that the distribution and sale of vehicle
(2004 Ed.)
46.80.010
46.80.010 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Vehicle wrecker" means every person, firm, partnership, association, or corporation engaged in the business of
buying, selling, or dealing in vehicles of a type required to be
licensed under the laws of this state, for the purpose of wrecking, dismantling, disassembling, or substantially changing
the form of a vehicle, or who buys or sells integral secondhand parts of component material thereof, in whole or in part,
or who deals in second-hand vehicle parts.
(2) "Core" means a major component part received by a
vehicle wrecker in exchange for a like part sold by the
wrecker, is not resold as a major component part except for
scrap metal value or for remanufacture, and the wrecker
maintains records for three years from the date of acquisition
to identify the name of the person from whom the core was
received.
(3) "Established place of business" means a building or
enclosure which the vehicle wrecker occupies either continuously or at regular periods and where his books and records
are kept and business is transacted and which must conform
with zoning regulations.
(4) "Interim owner" means the owner of a vehicle who
has the original certificate of ownership for the vehicle,
which certificate has been released by the person named on
the certificate and assigned to the person offering to sell the
vehicle to the wrecker.
(5) "Major component part" includes at least each of the
following vehicle parts: (a) Engines and short blocks; (b)
frame; (c) transmission and/or transfer case; (d) cab; (e) door;
(f) front or rear differential; (g) front or rear clip; (h) quarter
panel; (i) truck bed or box; (j) seat; (k) hood; (l) bumper; (m)
fender; and (n) airbag. The director may supplement this list
by rule.
(6) "Wrecked vehicle" means a vehicle which is disassembled or dismantled or a vehicle which is acquired with the
intent to dismantle or disassemble and never again to operate
as a vehicle, or a vehicle which has sustained such damage
that its cost to repair exceeds the fair market value of a like
vehicle which has not sustained such damage, or a damaged
vehicle whose salvage value plus cost to repair equals or
exceeds its fair market value, if repaired, or a vehicle which
has sustained such damage or deterioration that it may not
lawfully operate upon the highways of this state for which the
[Title 46 RCW—page 291]
46.80.020
Title 46 RCW: Motor Vehicles
salvage value plus cost to repair exceeds its fair market value,
if repaired; further, it is presumed that a vehicle is a wreck if
it has sustained such damage or deterioration that it may not
lawfully operate upon the highways of this state. [1999 c 278
§ 1; 1995 c 256 § 4; 1977 ex.s. c 253 § 2; 1961 c 12 §
46.80.010. Prior: 1947 c 262 § 1; Rem. Supp. 1947 § 832640.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
shall, if the application is in order, issue a vehicle wrecker's
license authorizing the wrecker to do business as such and
forward the fee to the state treasurer, to be deposited in the
motor vehicle fund. Upon receiving the certificate the owner
shall cause it to be prominently displayed in the place of business, where it may be inspected by an investigating officer at
any time. [1995 c 256 § 6; 1971 ex.s. c 7 § 3; 1967 c 32 § 96;
1961 c 12 § 46.80.040. Prior: 1947 c 262 § 4; Rem. Supp.
1947 § 8326-43.]
46.80.020
46.80.020 License required—Penalty. (1) It is unlawful for a person to engage in the business of wrecking vehicles without having first applied for and received a license.
(2)(a) Except as provided in (b) of this subsection, a person or firm engaged in the unlawful activity described in this
section is guilty of a gross misdemeanor.
(b) A second or subsequent offense is a class C felony
punishable according to chapter 9A.20 RCW. [2003 c 53 §
253; 1995 c 256 § 5; 1979 c 158 § 192; 1977 ex.s. c 253 § 3;
1971 ex.s. c 7 § 1; 1967 c 32 § 94; 1961 c 12 § 46.80.020.
Prior: 1947 c 262 § 2; Rem. Supp. 1947 § 8326-41.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.030
46.80.030 Application for license—Contents. Application for a vehicle wrecker's license or renewal of a vehicle
wrecker's license shall be made on a form for this purpose,
furnished by the department of licensing, and shall be signed
by the vehicle wrecker or his authorized agent and shall
include the following information:
(1) Name and address of the person, firm, partnership,
association, or corporation under which name the business is
to be conducted;
(2) Names and residence address of all persons having an
interest in the business or, if the owner is a corporation, the
names and addresses of the officers thereof;
(3) Certificate of approval of the chief of police of any
city or town having a population of over five thousand persons and in all other instances a member of the Washington
state patrol certifying that:
(a) The applicant has an established place of business at
the address shown on the application, and;
(b) In the case of a renewal of a vehicle wrecker's
license, the applicant is in compliance with this chapter and
the provisions of Title 46 RCW, relating to registration and
certificates of title: PROVIDED, That the above certifications in any instance can be made by an authorized representative of the department of licensing;
(4) Any other information that the department may
require. [2001 c 64 § 13; 1990 c 250 § 72; 1979 c 158 § 193;
1977 ex.s. c 253 § 4; 1971 ex.s. c 7 § 2; 1967 ex.s. c 13 § 1;
1967 c 32 § 95; 1961 c 12 § 46.80.030. Prior: 1947 c 262 §
3; Rem. Supp. 1947 § 8326-42.]
Severability—1990 c 250: See note following RCW 46.16.301.
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.040
46.80.040 Issuance of license—Fee. The application,
together with a fee of twenty-five dollars, and a surety bond
as provided in RCW 46.80.070, shall be forwarded to the
department. Upon receipt of the application the department
[Title 46 RCW—page 292]
46.80.050
46.80.050 Expiration, renewal—Fee. A license issued
on this application remains in force until suspended or
revoked and may be renewed annually upon reapplication
according to RCW 46.80.030 and upon payment of a fee of
ten dollars. A vehicle wrecker who fails or neglects to renew
the license before the assigned expiration date shall pay the
fee for an original vehicle wrecker license as provided in this
chapter.
Whenever a vehicle wrecker ceases to do business as
such or the license has been suspended or revoked, the
wrecker shall immediately surrender the license to the department. [1995 c 256 § 7; 1985 c 109 § 7; 1971 ex.s. c 7 § 4;
1967 ex.s. c 13 § 2; 1967 c 32 § 97; 1961 c 12 § 46.80.050.
Prior: 1947 c 262 § 5; Rem. Supp. 1947 § 8326-44.]
46.80.060
46.80.060 License plates—Fee—Display. The vehicle
wrecker shall obtain a special set of license plates in addition
to the regular licenses and plates required for the operation of
such vehicles. The special plates must be displayed on vehicles owned and/or operated by the wrecker and used in the
conduct of the business. The fee for these plates shall be five
dollars for the original plates and two dollars for each additional set of plates bearing the same license number. A
wrecker with more than one licensed location in the state may
use special plates bearing the same license number for vehicles operated out of any of the licensed locations. [1995 c
256 § 8; 1961 c 12 § 46.80.060. Prior: 1957 c 273 § 21; 1947
c 262 § 6; Rem. Supp. 1947 § 8326-45.]
46.80.070
46.80.070 Bond. Before issuing a vehicle wrecker's
license, the department shall require the applicant to file with
the department a surety bond in the amount of one thousand
dollars, running to the state of Washington and executed by a
surety company authorized to do business in the state of
Washington. The bond shall be approved as to form by the
attorney general and conditioned upon the wrecker conducting the business in conformity with the provisions of this
chapter. Any person who has suffered any loss or damage by
reason of fraud, carelessness, neglect, violation of the terms
of this chapter, or misrepresentation on the part of the wrecking company, may institute an action for recovery against the
vehicle wrecker and surety upon the bond. However, the
aggregate liability of the surety to all persons shall in no
event exceed the amount of the bond. [1995 c 256 § 9; 1977
ex.s. c 253 § 5; 1971 ex.s. c 7 § 5; 1967 c 32 § 98; 1961 c 12
§ 46.80.070. Prior: 1947 c 262 § 7; Rem. Supp. 1947 §
8326-46.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
(2004 Ed.)
Vehicle Wreckers
46.80.080 Records—Penalty. (1) Every vehicle
wrecker shall maintain books or files in which the wrecker
shall keep a record and a description of:
(a) Every vehicle wrecked, dismantled, disassembled, or
substantially altered by the wrecker; and
(b) Every major component part acquired by the
wrecker; together with a bill of sale signed by a seller whose
identity has been verified and the name and address of the
person, firm, or corporation from whom the wrecker purchased the vehicle or part. Major component parts other than
cores shall be further identified by the vehicle identification
number of the vehicle from which the part came.
(2) The record shall also contain the following data
regarding the wrecked or acquired vehicle or vehicle that is
the source of a major component part other than a core:
(a) The certificate of title number (if previously titled in
this or any other state);
(b) Name of state where last registered;
(c) Number of the last license number plate issued;
(d) Name of vehicle;
(e) Motor or identification number and serial number of
the vehicle;
(f) Date purchased;
(g) Disposition of the motor and chassis;
(h) Yard number assigned by the licensee to the vehicle
or major component part, which shall also appear on the identified vehicle or part; and
(i) Such other information as the department may
require.
(3) The records shall also contain a bill of sale signed by
the seller for other minor component parts acquired by the
licensee, identifying the seller by name, address, and date of
sale.
(4) The records shall be maintained by the licensee at his
or her established place of business for a period of three years
from the date of acquisition.
(5) The record is subject to inspection at all times during
regular business hours by members of the police department,
sheriff's office, members of the Washington state patrol, or
officers or employees of the department.
(6) A vehicle wrecker shall also maintain a similar
record of all disabled vehicles that have been towed or transported to the vehicle wrecker's place of business or to other
places designated by the owner of the vehicle or his or her
representative. This record shall specify the name and
description of the vehicle, name of owner, number of license
plate, condition of the vehicle and place to which it was
towed or transported.
(7) Failure to comply with this section is a gross misdemeanor. [1999 c 278 § 2; 1995 c 256 § 10; 1977 ex.s. c 253
§ 6; 1971 ex.s. c 7 § 6; 1967 c 32 § 99; 1961 c 12 § 46.80.080.
Prior: 1947 c 262 § 8; Rem. Supp. 1947 § 8326-47.]
46.80.080
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.090 Reports to department—Evidence of ownership. Within thirty days after acquiring a vehicle, the vehicle wrecker shall furnish a written report to the department.
This report shall be in such form as the department shall prescribe and shall be accompanied by evidence of ownership as
determined by the department. No vehicle wrecker may
acquire a vehicle, including a vehicle from an interim owner,
46.80.090
(2004 Ed.)
46.80.110
without first obtaining evidence of ownership as determined
by the department. For a vehicle from an interim owner, the
evidence of ownership may not require that a title be issued in
the name of the interim owner as required by RCW
46.12.101. The vehicle wrecker shall furnish a monthly
report of all acquired vehicles. This report shall be made on
forms prescribed by the department and contain such information as the department may require. This statement shall
be signed by the vehicle wrecker or an authorized representative and the facts therein sworn to before a notary public, or
before an officer or employee of the department designated
by the director to administer oaths or acknowledge signatures, pursuant to RCW 46.01.180. [1999 c 278 § 3; 1995 c
256 § 11; 1979 c 158 § 194; 1977 ex.s. c 253 § 7; 1971 ex.s.
c 7 § 7; 1967 c 32 § 100; 1961 c 12 § 46.80.090. Prior: 1947
c 262 § 9; Rem. Supp. 1947 § 8326-48.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.100
46.80.100 Cancellation of bond. If, after issuing a
vehicle wrecker's license, the bond is canceled by the surety
in a method provided by law, the department shall immediately notify the principal covered by the bond and afford the
principal the opportunity of obtaining another bond before
the termination of the original. If the principal fails, neglects,
or refuses to obtain a replacement, the director may cancel or
suspend the vehicle wrecker's license. Notice of cancellation
of the bond may be accomplished by sending a notice by first
class mail using the last known address in department records
for the principal covered by the bond and recording the transmittal on an affidavit of first class mail. [1995 c 256 § 12;
1977 ex.s. c 253 § 8; 1967 c 32 § 101; 1961 c 12 § 46.80.100.
Prior: 1947 c 262 § 10; Rem. Supp. 1947 § 8326-49.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.110
46.80.110 License penalties, civil fines, criminal penalties. (1) The director or a designee may, pursuant to the
provisions of chapter 34.05 RCW, by order deny, suspend, or
revoke the license of a vehicle wrecker, or assess a civil fine
of up to five hundred dollars for each violation, if the director
finds that the applicant or licensee has:
(a) Acquired a vehicle or major component part other
than by first obtaining title or other documentation as provided by this chapter;
(b) Willfully misrepresented the physical condition of
any motor or integral part of a vehicle;
(c) Sold, had in the wrecker's possession, or disposed of
a vehicle or any part thereof when he or she knows that the
vehicle or part has been stolen, or appropriated without the
consent of the owner;
(d) Sold, bought, received, concealed, had in the
wrecker's possession, or disposed of a vehicle or part thereof
having a missing, defaced, altered, or covered manufacturer's
identification number, unless approved by a law enforcement
officer;
(e) Committed forgery or misstated a material fact on
any title, registration, or other document covering a vehicle
that has been reassembled from parts obtained from the disassembling of other vehicles;
[Title 46 RCW—page 293]
46.80.121
Title 46 RCW: Motor Vehicles
(f) Committed any dishonest act or omission that the
director has reason to believe has caused loss or serious
inconvenience as a result of a sale of a vehicle or part thereof;
(g) Failed to comply with any of the provisions of this
chapter or with any of the rules adopted under it, or with any
of the provisions of Title 46 RCW relating to registration and
certificates of title of vehicles;
(h) Procured a license fraudulently or dishonestly;
(i) Been convicted of a crime that directly relates to the
business of a vehicle wrecker and the time elapsed since conviction is less than ten years, or suffered any judgment within
the preceding five years in any civil action involving fraud,
misrepresentation, or conversion. For the purposes of this
section, conviction means in addition to a final conviction in
either a federal, state, or municipal court, an unvacated forfeiture of bail or collateral deposited to secure a defendant's
appearance in court, the payment of a fine, a plea of guilty, or
a finding of guilt regardless of whether the sentence is
deferred or the penalty is suspended.
(2) In addition to actions by the department under this
section, it is a gross misdemeanor to violate subsection (1)(a),
(b), or (h) of this section. [1995 c 256 § 13; 1989 c 337 § 17;
1977 ex.s. c 253 § 9; 1971 ex.s. c 7 § 8; 1967 ex.s. c 13 § 3;
1967 c 32 § 102; 1961 c 12 § 46.80.110. Prior: 1947 c 262 §
11; Rem. Supp. 1947 § 8326-50.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.121
46.80.121 False or unqualified applications. If a person whose vehicle wrecker license has previously been canceled for cause by the department files an application for a
license to conduct business as a vehicle wrecker, or if the
department is of the opinion that the application is not filed in
good faith or that the application is filed by some person as a
subterfuge for the real person in interest whose license has
previously been canceled for cause, the department may
refuse to issue the person a license to conduct business as a
vehicle wrecker. [1995 c 256 § 14.]
46.80.130. Prior: 1947 c 262 § 13; Rem. Supp. 1947 § 832652.]
46.80.140
46.80.140 Rules. The director is hereby authorized to
promulgate and adopt reasonable rules and regulations not in
conflict with provisions hereof for the proper operation and
enforcement of this chapter. [1967 c 32 § 104; 1961 c 12 §
46.80.140. Prior: 1947 c 262 § 14; Rem. Supp. 1947 § 832653.]
46.80.150
46.80.150 Inspection of licensed premises and
records. It shall be the duty of the chiefs of police, or the
Washington state patrol, in cities having a population of over
five thousand persons, and in all other cases the Washington
state patrol, to make periodic inspection of the vehicle
wrecker's licensed premises and records provided for in this
chapter during normal business hours, and furnish a certificate of inspection to the department in such manner as may
be determined by the department. In any instance, an authorized representative of the department may make the inspection. [1995 c 256 § 16; 1983 c 142 § 9; 1977 ex.s. c 253 § 10;
1971 ex.s. c 7 § 10; 1967 ex.s. c 13 § 5; 1967 c 32 § 105; 1961
c 12 § 46.80.150. Prior: 1947 c 262 § 15; Rem. Supp. 1947 §
8326-54.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.160
46.80.160 Municipal compliance. Any municipality or
political subdivision of this state that now has or subsequently makes provision for the regulation of vehicle wreckers shall comply strictly with the provisions of this chapter.
[1995 c 256 § 17; 1961 c 12 § 46.80.160. Prior: 1947 c 262 §
16; Rem. Supp. 1947 § 8326-55.]
46.80.170
46.80.170 Violations—Penalties. Unless otherwise
provided by law, it is a misdemeanor for any person to violate
any of the provisions of this chapter or the rules adopted
under this chapter. [1995 c 256 § 18; 1977 ex.s. c 253 § 11.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.80.130
46.80.130 All storage at place of business—Screening
required—Penalty. (1) It is unlawful for a vehicle wrecker
to keep a vehicle or any integral part thereof in any place
other than the established place of business, designated in the
certificate issued by the department, without permission of
the department.
(2) All premises containing vehicles or parts thereof
shall be enclosed by a wall or fence of such height as to
obscure the nature of the business carried on therein. To the
extent reasonably necessary or permitted by the topography
of the land, the department may establish specifications or
standards for the fence or wall. The wall or fence shall be
painted or stained a neutral shade that blends in with the surrounding premises, and the wall or fence must be kept in
good repair. A living hedge of sufficient density to prevent a
view of the confined area may be substituted for such a wall
or fence. Any dead or dying portion of the hedge shall be
replaced.
(3) Violation of subsection (1) of this section is a gross
misdemeanor. [1995 c 256 § 15; 1971 ex.s. c 7 § 9; 1967
ex.s. c 13 § 4; 1967 c 32 § 103; 1965 c 117 § 1; 1961 c 12 §
[Title 46 RCW—page 294]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
46.80.180
46.80.180 Cease and desist orders—Fines. (1) If it
appears to the director that an unlicensed person has engaged
in an act or practice constituting a violation of this chapter, or
a rule adopted or an order issued under this chapter, the director may issue an order directing the person to cease and desist
from continuing the act or practice. The director shall give
the person reasonable notice of and opportunity for a hearing.
The director may issue a temporary order pending a hearing.
The temporary order remains in effect until ten days after the
hearing is held and becomes final if the person to whom the
notice is addressed does not request a hearing within fifteen
days after receipt of the notice.
(2) The director may assess a fine of up to one thousand
dollars with the final order for each act or practice constituting a violation of this chapter by an unlicensed person. [1995
c 256 § 19.]
46.80.190
46.80.190 Subpoenas. (1) The department of licensing
or its authorized agent may examine or subpoena any per(2004 Ed.)
Traffic Safety Education Courses
sons, books, papers, records, data, vehicles, or vehicle parts
bearing upon the investigation or proceeding under this chapter.
(2) The persons subpoenaed may be required to testify
and produce any books, papers, records, data, vehicles, or
vehicle parts that the director deems relevant or material to
the inquiry.
(3) The director or an authorized agent may administer
an oath to the person required to testify, and a person giving
false testimony after the administration of the oath is guilty of
perjury in the first degree under RCW 9A.72.020.
(4) A court of competent jurisdiction may, upon application by the director, issue to a person who fails to comply, an
order to appear before the director or officer designated by
the director, to produce documentary or other evidence
touching the matter under investigation or in question. [2003
c 53 § 254; 1995 c 256 § 20.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
46.80.200
46.80.200 Wholesale motor vehicle auction dealers.
(1) A wholesale motor vehicle auction dealer may:
(a) Sell any classification of motor vehicle;
(b) Sell only to motor vehicle dealers and vehicle wreckers licensed under Title 46 RCW by the state of Washington
or licensed by any other state; or
(c) Sell a motor vehicle belonging to the United States
government, the state of Washington, or a political subdivision to nonlicensed persons as may be required by the contracting public agency. However, a publicly owned "wrecked
vehicle" may be sold to motor vehicle dealers and vehicle
wreckers licensed under Title 46 RCW by the state of Washington or licensed by any other state.
(2) If the wholesale motor vehicle auction dealer knows
that a vehicle is a "wrecked vehicle," the dealer must disclose
this fact on the bill of sale. [1998 c 282 § 6.]
46.80.900
46.80.900 Liberal construction. The provisions of this
chapter shall be liberally construed to the end that traffic in
stolen vehicle parts may be prevented, and irresponsible,
unreliable, or dishonest persons may be prevented from
engaging in the business of wrecking vehicles or selling used
vehicle parts in this state and reliable persons may be encouraged to engage in businesses of wrecking or reselling vehicle
parts in this state. [1995 c 256 § 21; 1977 ex.s. c 253 § 13.]
Severability—1977 ex.s. c 253: See note following RCW 46.80.005.
Chapter 46.81 RCW
TRAFFIC SAFETY EDUCATION COURSES
Chapter 46.81
(See chapter 28A.220 RCW)
Chapter 46.81A RCW
MOTORCYCLE SKILLS EDUCATION PROGRAM
Chapter 46.81A
Sections
46.81A.001
46.81A.010
46.81A.020
46.81A.030
46.81A.900
(2004 Ed.)
Purpose.
Definitions.
Powers and duties of director, department.
Deposit of gifts.
Severability—1988 c 227.
46.81A.020
46.81A.001
46.81A.001 Purpose. It is the purpose of this chapter to
provide the motorcycle riders of the state with an affordable
motorcycle skills education program in order to promote
motorcycle safety awareness. [1988 c 227 § 1.]
46.81A.010
46.81A.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Motorcycle skills education program" means a
motorcycle rider skills training program to be administered
by the department.
(2) "Department" means the department of licensing.
(3) "Director" means the director of licensing.
(4) "Motorcycle" means a motor vehicle designed to
travel on not more than three wheels in contact with the
ground, on which the driver rides astride the motor unit or
power train and is designed to be steered with a handle bar,
but excluding farm tractors, electric personal assistive mobility devices, mopeds, motorized foot scooters, motorized
bicycles, and off-road motorcycles. [2003 c 353 § 11; 2003 c
41 § 4; 1988 c 227 § 2.]
Reviser's note: This section was amended by 2003 c 41 § 4 and by
2003 c 353 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 353: See note following RCW 46.04.320.
Short title—Effective date—2003 c 41: See notes following RCW
46.20.500.
46.81A.020
46.81A.020 Powers and duties of director, department. (1) The director shall administer and enforce the law
pertaining to the motorcycle skills education program as set
forth in this chapter.
(2) The director may adopt and enforce reasonable rules
that are consistent with this chapter.
(3) The director shall revise the Washington motorcycle
safety program to:
(a) Institute separate novice and advanced motorcycle
skills education courses for both two-wheeled and threewheeled motorcycles that are each a minimum of eight hours
and no more than sixteen hours at a cost of (i) no more than
fifty dollars for Washington state residents under the age of
eighteen, and (ii) no more than one hundred dollars for Washington state residents who are eighteen years of age or older
and military personnel of any age stationed in Washington
state;
(b) Encourage the use of loaned or used motorcycles for
use in the motorcycle skills education course if the instructor
approves them;
(c) Require all instructors for two-wheeled motorcycles
to conduct at least three classes in a one-year period, and all
instructors for three-wheeled motorcycles to conduct at least
one class in a one-year period, to maintain their teaching eligibility;
(d) Encourage the use of radio or intercom equipped helmets when, in the opinion of the instructor, radio or intercom
equipped helmets improve the quality of instruction.
(4) The department may enter into agreements to review
and certify that a private motorcycle skills education course
meets educational standards equivalent to those required of
courses conducted under the motorcycle skills education pro[Title 46 RCW—page 295]
46.81A.030
Title 46 RCW: Motor Vehicles
gram. An agreement entered into under this subsection must
provide that the department may conduct periodic audits to
ensure that educational standards continue to meet those
required for courses conducted under the motorcycle skills
education program, and that the costs of the review, certification, and audit process will be borne by the party seeking certification.
(5) The department shall obtain and compile information
from applicants for a motorcycle endorsement regarding
whether they have completed a state approved or certified
motorcycle skills education course. [2003 c 41 § 5; 2002 c
197 § 2; 1998 c 245 § 91; 1993 c 115 § 2; 1988 c 227 § 3.]
Short title—Effective date—2003 c 41: See notes following RCW
46.20.500.
46.81A.030
46.81A.030 Deposit of gifts. The director may receive
gifts, grants, or endowments from private sources which shall
be deposited in the motorcycle safety [education] account
within the highway safety fund. [1988 c 227 § 4.]
(3) "Advisory committee" means the driving instructors'
advisory committee as created in this chapter.
(4) "Fraudulent practices" means any conduct or representation on the part of a licensee under this chapter tending
to induce anyone to believe, or to give the impression, that a
license to operate a motor vehicle or any other license granted
by the director may be obtained by any means other than
those prescribed by law, or furnishing or obtaining the same
by illegal or improper means, or requesting, accepting, or collecting money for such purposes.
(5) "Instructor" means any person employed by a driver
training school to instruct persons in the operation of automobiles.
(6) "Place of business" means a designated location at
which the business of a driver training school is transacted
and its records are kept.
(7) "Person" means any individual, firm, corporation,
partnership, or association. [1986 c 80 § 1; 1979 ex.s. c 51 §
1.]
Motorcycle safety education account: RCW 46.68.065.
46.82.290
46.81A.900
46.81A.900 Severability—1988 c 227. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1988 c 227 § 8.]
Chapter 46.82
Chapter 46.82 RCW
DRIVER TRAINING SCHOOLS
Sections
46.82.280
46.82.290
46.82.300
46.82.310
46.82.320
46.82.325
46.82.330
46.82.340
46.82.350
46.82.360
46.82.370
46.82.380
46.82.390
46.82.400
46.82.410
46.82.420
46.82.430
46.82.900
Definitions.
Administration of chapter—Adoption of rules.
Driver instructors' advisory committee—Composition, travel
expenses, meetings, duties.
School license—Insurance.
Instructor's license.
Background checks for instructors.
Instructor's license—Examination—Requirements for taking,
exceptions.
Duplicate license certificates.
Suspension, revocation, or denial of license—Causes enumerated.
Suspension, revocation, or denial of license—Failure to comply with specified business practices.
Suspension, revocation, or denial of license—Appeal of
action—Emergency suspension—Hearing, notice and procedure.
Appeal from action or decision of director.
Penalty.
Chapter not applicable to educational institutions.
Disposition of moneys collected.
Basic minimum required curriculum—Compilation by advisory committee—Revocation of license for failure to teach,
show cause hearing upon.
Instructional material requirements.
Severability—1979 ex.s. c 51.
46.82.280
46.82.280 Definitions. Unless the context clearly
requires otherwise, the definitions in this section shall apply
throughout this chapter.
(1) "Driver training school" means a commercial driver
training school engaged in the business of giving instruction,
for a fee, in the operation of automobiles.
(2) "Director" means the director of the department of
licensing of the state of Washington.
[Title 46 RCW—page 296]
46.82.290 Administration of chapter—Adoption of
rules. (1) The director shall be responsible for the administration and enforcement of the law pertaining to driver training schools as set forth in this chapter.
(2) The director is authorized to adopt and enforce such
reasonable rules as may be consistent with and necessary to
carry out this chapter. [1979 ex.s. c 51 § 2.]
46.82.300
46.82.300 Driver instructors' advisory committee—
Composition, travel expenses, meetings, duties. (1) The
director shall be assisted in the duties and responsibilities of
this chapter by the driver instructors' advisory committee,
consisting of five members. Members of the advisory committee shall be appointed by the director for two-year terms
and shall consist of a representative of the driver training
schools, a representative of the driving instructors (who shall
not be from the same school as the school member), a representative of the superintendent of public instruction, a representative of the department of licensing, and a representative
from the Washington state traffic safety commission. Members shall be reimbursed for travel expenses in accordance
with RCW 43.03.050 and 43.03.060. A member who is
receiving a salary from the state shall not receive compensation other than travel expenses incurred in such service.
(2) The advisory committee shall meet at least semiannually and shall have additional meetings as may be called by
the director. The director or the director's representative shall
attend all meetings of the advisory committee and shall serve
as chairman.
(3) Duties of the advisory committee shall be to:
(a) Advise and confer with the director or the director's
representative on matters pertaining to the establishment of
rules necessary to carry out this chapter;
(b) Review violations of this chapter and to recommend
to the director appropriate enforcement or disciplinary action
as provided in this chapter;
(c) Review and update when necessary a curriculum consisting of a list of items of knowledge and the processes of
driving a motor vehicle specifying the minimum require(2004 Ed.)
Driver Training Schools
ments adjudged necessary in teaching a proper and adequate
course of driver education;
(d) Review and update instructor certification standards
to be consistent with RCW 46.82.330 and take into consideration those standards required to be met by traffic safety education teachers under RCW 28A.220.020(3); and
(e) Prepare the examination for a driver instructor's certificate and review examination results at least once each calendar year for the purpose of updating and revising examination standards. [2002 c 195 § 5; 1984 c 287 § 93; 1979 ex.s.
c 51 § 3.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
46.82.310
46.82.310 School license—Insurance. (1) No person
shall engage in the business of conducting a driver training
school without a license issued by the director for that purpose. An application for a driver training school license shall
be filed with the director, containing such information as prescribed by the director, accompanied by an application fee of
three hundred dollars, which shall in no event be refunded. If
an application is approved by the director, the applicant upon
payment of an additional fee of two hundred dollars shall be
granted a license valid for a period of one year from the date
of issuance.
(2) The annual fee for renewal of a school license shall
be two hundred fifty dollars. The director shall issue a license
certificate to each licensee which shall be conspicuously displayed in the place of business of the licensee. If a renewal
application has not been received by the director within sixty
days from the date a notice of license expiration was mailed
to the licensee, the license will be void requiring a new application as provided for in this chapter, including payment of
all fees.
(3) The person to whom a driver training school license
has been issued must notify the director in writing within
thirty days after any change is made in the officers, directors,
or location of the place of business of the school.
(4) Driver training school licenses shall not be transferable. In the event of any transfer of ownership in the business,
an application for a new license, including payment of all
fees, must be made. The director shall permit continuance of
the business for a period not to exceed sixty days from the
date of transfer pending approval of the new application for a
school license.
(5) The director shall not issue or renew a school license
certificate until the licensee has filed with the director evidence of liability insurance coverage with an insurance company authorized to do business in this state in the amount of
not less than three hundred thousand dollars because of
bodily injury or death to two or more persons in any one accident, not less than one hundred thousand dollars because of
bodily injury or death to one person in one accident, and not
less than fifty thousand dollars because of property damage
to others in one accident, and the coverage shall include uninsured motorists coverage. The insurance coverage shall be
maintained in full force and effect and the director shall be
notified at least ten days prior to cancellation or expiration of
any such policy of insurance.
(6) The increased insurance requirements of subsection
(5) of this section must be in effect by no later than one year
(2004 Ed.)
46.82.325
after September 1, 1979. [2002 c 352 § 24; 1979 ex.s. c 51 §
4.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
46.82.320
46.82.320 Instructor's license. (1) No person, including the owner, operator, partner, officer, or stockholder of a
driver training school shall give instruction in the operation
of an automobile for a fee without a license issued by the
director for that purpose. An application for an instructor's
license shall be filed with the director, containing such information as prescribed by the director, accompanied by an
application fee of seventy-five dollars, which shall in no
event be refunded. If the application is approved by the director and the applicant satisfactorily meets the examination
requirements as prescribed in RCW 46.82.330, the applicant
shall be granted a license valid for a period of one year from
the date of issuance. An instructor shall take a requalification
examination every five years.
(2) The annual fee for renewal of an instructor's license
shall be twenty-five dollars. The director shall issue a license
certificate to each licensee which shall be conspicuously displayed in the place of business of the employing driver training school. Unless revoked, canceled, or denied by the director, the license shall remain the property of the licensee in the
event of termination of employment or employment by
another driver training school. If a renewal application has
not been received by the director within sixty days from the
date a notice of license expiration was mailed to the licensee,
the license will be voided requiring a new application as provided for in this chapter, including examination and payment
of all fees.
(3) Persons who qualify under the rules jointly adopted
by the superintendent of public instruction and the director of
licensing to teach only the laboratory phase, shall be subject
to a ten dollar examination fee.
(4) Each licensee shall be provided with a wallet-size
identification card by the director at the time the license is
issued which shall be carried on the instructor's person at all
times while engaged in instructing.
(5) The person to whom an instructor's license has been
issued shall notify the director in writing within thirty days of
any change of employment or termination of employment,
providing the name and address of the new driver training
school by whom the instructor will be employed. [2002 c 352
§ 25; 1989 c 337 § 18; 1986 c 80 § 2; 1979 ex.s. c 51 § 5.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
46.82.325
46.82.325 Background checks for instructors. (1)
Persons instructing students under eighteen years of age are
required to have a background check through the Washington
state patrol criminal identification system and through the
federal bureau of investigation. The background check shall
also include a fingerprint check using a fingerprint card.
(2) The cost of the background check shall be paid by the
instructor.
(3) The department may waive the background check for
any applicant who has had a background check within two
years before applying to become an instructor. [2002 c 195 §
4.]
[Title 46 RCW—page 297]
46.82.330
Title 46 RCW: Motor Vehicles
46.82.330 Instructor's license—Examination—
Requirements for taking, exceptions. (1) Upon receipt and
approval of an application accompanied by the proper fees,
the director shall arrange for the examination of each applicant for an instructor's license and shall notify each applicant
of the time and place to appear for examination.
(2) The examination prepared by the advisory committee
shall consist of a knowledge test and an actual driving test
conducted in a vehicle provided by the applicant. The examination shall determine: The applicant's knowledge of driving laws, rules, and regulations; the applicant's ability to
safely operate a motor vehicle; and the applicant's ability to
impart this knowledge to others.
(3) No applicant shall be permitted by the director to take
the examination for an instructor's license until it is determined that the applicant meets the following requirements:
(a) Possesses a current and valid Washington driver's
license and does not have on his driving record any of the violations or penalties set forth in (3)(a) (i), (ii), or (iii) of this
section. The director shall have the right to examine the driving record of the applicant from the department of licensing
and from other jurisdictions and from these records determine if the applicant has had:
(i) Not more than three moving traffic violations within
the preceding twelve months or more than four moving traffic violations in the preceding twenty-four months;
(ii) No alcohol-related traffic violation within the preceding three years; and
(iii) No driver's license suspension, cancellation, revocation, or denial within the preceding three years;
(b) Is a high school graduate or the equivalent and at
least twenty-one years of age;
(c) Has completed an acceptable application on a form
prescribed by the director; and
(d) Has satisfactorily completed a sixty-hour course of
instruction in the training of drivers acceptable to the director. The course shall include at least twelve hours of instruction in behind-the-wheel teaching methods and at least six
hours supervised practice behind-the-wheel teaching of driving techniques.
(4) Any person with a valid instructor's license in effect
as of September 1, 1979, shall not be required to take the
examination, or complete the revised course of instruction,
otherwise required under this section. [1979 ex.s. c 51 § 6.]
46.82.330
46.82.340 Duplicate license certificates. In case of the
loss, mutilation, or destruction of a driver training school
license certificate or an instructor's license certificate, the
director shall issue a duplicate thereof upon proof of the facts
and payment of a fee of two dollars. [1979 ex.s. c 51 § 7.]
46.82.340
46.82.350 Suspension, revocation, or denial of
license—Causes enumerated. (1) The director may suspend, revoke, deny, or refuse to renew an instructor's license
or a driver training school license for any of the following
causes:
(a) Upon determination that the licensee has made a false
statement or concealed any material fact in connection with
the application or license renewal;
(b) Upon conviction of the applicant, licensee, or any
person directly or indirectly interested in the driver training
46.82.350
[Title 46 RCW—page 298]
school's business of a felony, or any crime involving violence, dishonesty, deceit, indecency, degeneracy, or moral
turpitude;
(c) Upon determination that the applicant, licensee, or
any person directly or indirectly interested in the driver training school's business previously held a driver training school
license which was revoked, suspended, or refused renewal by
the director;
(d) Upon determination that the applicant or licensee
does not have a place of business as required by this chapter;
(e) Upon determination that the applicant or licensee has
failed to require all persons with financial interest in the
driver training school to be signatories to the application;
(f) Upon determination that the applicant or licensee has
been found guilty of fraud or fraudulent practices in relation
to the business conducted under the license, or guilty of
inducing another to resort to fraud in relation to securing for
himself, herself, or another a license to drive a motor vehicle;
or
(g) Upon determination that the applicant or licensee
fails to satisfy the other conditions stated in this chapter.
[1979 ex.s. c 51 § 8.]
46.82.360 Suspension, revocation, or denial of
license—Failure to comply with specified business practices. The license of any driver training school or instructor
may be suspended, revoked, denied, or refused renewal for
failure to comply with the business practices specified in this
section.
(1) No place of business shall be established nor any
business of a driver training school conducted or solicited
within one thousand feet of an office or building owned or
leased by the department of licensing in which examinations
for drivers' licenses are conducted. The distance of one thousand feet shall be measured along the public streets by the
nearest route from the place of business to such building.
(2) Any automobile used by a driver training school or
an instructor for instruction purposes must be equipped with:
(a) Dual controls for foot brake and clutch, or foot brake
only in a vehicle equipped with an automatic transmission;
(b) An instructor's rear view mirror; and
(c) A sign displayed on the back or top, or both, of the
vehicle not less than twenty inches in horizontal width or less
than ten inches in vertical height and having the words "student driver" or "instruction car," or both, in legible, printed,
English letters at least two and one-half inches in height near
the top and the name of the school in similarly legible letters
not less than one inch in height placed somewhere below the
aforementioned words, and the street number and name and
the telephone number in similarly legible letters at least one
inch in height placed next below the name of the school. The
lettering and background colors shall be of contrasting shades
so as to be clearly readable at one hundred feet in clear daylight. The sign shall be displayed at all times when instruction
is being given.
(3) Instruction may not be given by an instructor to a student in an automobile unless the student possesses a current
and valid instruction permit issued pursuant to RCW
46.20.055 or a current and valid driver's license.
(4) No driver training school or instructor shall advertise
or otherwise indicate that the issuance of a driver's license is
46.82.360
(2004 Ed.)
Driver Training Schools
guaranteed or assured as a result of the course of instruction
offered.
(5) No driver training school or instructor shall utilize
any types of advertising without using the full, legal name of
the school and identifying itself as a driver training school.
Items and services advertised must be available in a manner
as might be expected by the average person reading the
advertisement.
(6) A driver training school shall have an established
place of business owned, rented, or leased by the school and
regularly occupied and used exclusively for the business of
giving driver instruction. The established place of business of
a driver training school that applies for an initial license after
July 23, 1989, shall be located in a district that is zoned for
business or commercial purposes. The established place of
business, branch office, or classroom or advertised address of
any such driver training school shall not consist of or include
a house trailer, residence, tent, temporary stand, temporary
address, bus, telephone answering service if such service is
the sole means of contacting the driver training school, a
room or rooms in a hotel or rooming house or apartment
house, or premises occupied by a single or multiple-unit
dwelling house. To classify as a branch office or classroom
the facility must be within a thirty-five mile radius of the
established place of business. Nothing in this subsection may
be construed as limiting the authority of local governments to
grant conditional use permits or variances from zoning ordinances.
(7) No driver training school or instructor shall conduct
any type of instruction or training on a course used by the
department of licensing for testing applicants for a Washington driver's license.
(8) Each driver training school shall maintain records on
all of its students, including the student's name and address,
the starting and ending dates of instruction, the student's
instruction permit or driver's license number, the type of
training given, and the total number of hours of instruction.
Records of past students shall be maintained for five years
following the completion of the instruction.
(9) Each driver training school shall, at its established
place of business, display, in a place where it can be seen by
all clients, a copy of the required minimum curriculum compiled by the driver advisory committee. Copies of the
required minimum curriculum are to be provided to driver
training schools and instructors by the director.
(10) Driver training schools and instructors shall submit
to periodic inspections of their business practices, facilities,
records, and insurance by authorized representatives of the
director of the department of licensing. [1989 c 337 § 19;
1979 ex.s. c 51 § 9.]
46.82.420
hearing, the advisory committee shall notify the director of its
findings of fact and recommended action. Within ten days of
receipt of the advisory committee's findings and recommendation, the director shall issue a decision on the appeal.
(1) A license may, however, be temporarily suspended
by the director without notice pending any prosecution,
investigation, or hearing where such emergency action is
warranted. A licensee or applicant entitled to a hearing shall
be given due notice thereof.
(2) The sending of a notice of a hearing by registered
mail to the last known address of a licensee or applicant in
accordance with chapter 34.05 RCW shall be deemed due
notice.
(3) The director or the director's authorized representative shall preside over the advisory committee during the
hearing and shall have the power to subpoena witnesses,
administer oaths to witnesses, take testimony of any person,
and cause depositions to be taken. A subpoena issued under
the authority of this section shall be served in the same manner as a subpoena issued by a court of record. Witnesses subpoenaed under this section and persons other than officers or
employees of the department of licensing shall be entitled to
the same fees and mileage as are allowed in civil actions in
courts of law. [1979 ex.s. c 51 § 10.]
46.82.380
46.82.380 Appeal from action or decision of director.
Any action or decision of the director may, after a hearing is
held as provided in this chapter, be appealed by the party
aggrieved to the superior court of the county in which the
place of business is located or where the aggrieved person
resides. [1979 ex.s. c 51 § 11.]
46.82.390
46.82.390 Penalty. A violation of any provision of this
chapter shall be a misdemeanor. [1979 ex.s. c 51 § 12.]
Rules of court: Bail in criminal traffic offense cases—Mandatory appearance—CrRLJ 3.2.
46.82.400
46.82.400 Chapter not applicable to educational
institutions. This chapter shall not apply to or affect in any
manner courses of instruction offered in high schools, vocational-technical schools, colleges, or universities which are
now or hereafter established, nor shall it be applicable to
instructors in any such high schools, vocational-technical
schools, colleges, or universities: PROVIDED, That such
course or courses are conducted by such schools in a like
manner to their other regular courses. If such course is conducted by any commercial school as herein identified on a
contractual basis, such school and instructors must qualify
under this chapter. [1979 ex.s. c 51 § 13.]
46.82.410
46.82.370 Suspension, revocation, or denial of
license—Appeal of action—Emergency suspension—
Hearing, notice and procedure. Upon notification of suspension, revocation, denial, or refusal to renew a license
under this chapter, a driver training school or instructor shall
have the right to appeal the action being taken. An appeal
may be made to the director, who shall cause a hearing to be
held by the advisory committee in accordance with chapter
34.05 RCW. Filing an appeal shall stay the action pending the
hearing and the director's decision. Upon conclusion of the
46.82.370
(2004 Ed.)
46.82.410 Disposition of moneys collected. All moneys collected from driver training school licenses and instructor licenses shall be deposited in the highway safety fund.
[1990 c 250 § 73; 1979 ex.s. c 51 § 14.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.82.420
46.82.420 Basic minimum required curriculum—
Compilation by advisory committee—Revocation of
license for failure to teach, show cause hearing upon. The
advisory committee shall compile and furnish to each quali[Title 46 RCW—page 299]
46.82.430
Title 46 RCW: Motor Vehicles
fying applicant for an instructor's license or a driver training
school license a basic minimum required curriculum. The
basic minimum required curriculum shall also include (1)
information on the effects of alcohol and drug use on motor
vehicle operators, including information on drug and alcohol
related traffic injury and mortality rates in the state of Washington; (2) current penalties for driving under the influence of
drugs or alcohol; and (3) information on motorcycle awareness, approved by the Motorcycle Safety Foundation, to
ensure new operators of motor vehicles have been instructed
in the importance of safely sharing the road with motorcyclists. Should the director be presented with acceptable proof
that any licensed instructor or driver training school is not
showing proper diligence in teaching such basic minimum
curriculum as required, the instructor or school shall be
required to appear before the advisory committee and show
cause why the license of the instructor or school should not
be revoked for such negligence. If the committee does not
accept such reasons as may be offered, the director may
revoke the license of the instructor or school, or both. [2004
c 126 § 2; 1991 c 217 § 3; 1979 ex.s. c 51 § 15.]
46.82.430
46.82.430 Instructional material requirements.
Instructional material used in driver training schools shall
include information on the proper use of the left-hand lane by
motor vehicles on multilane highways and on bicyclists' and
pedestrians' rights and responsibilities and suggested riding
procedures in common traffic situations. [1998 c 165 § 6;
1986 c 93 § 5.]
Short title—1998 c 165: See note following RCW 43.59.010.
Keep right except when passing, etc.: RCW 46.61.100.
46.82.900
46.82.900 Severability—1979 ex.s. c 51. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1979 ex.s. c 51 § 19.]
to the financing, organization, and operation thereof. [1961 c
12 § 46.83.010. Prior: 1959 c 182 § 1.]
46.83.020
46.83.020 County commissioners to control and
supervise—Assistance of sheriff and police department.
A traffic school established under this chapter shall be under
the control and supervision of the board of county commissioners, through such agents, assistants, or instructors as the
board may designate, and shall be conducted with the assistance of the county sheriff and the police department of the
city or town. [1961 c 12 § 46.83.020. Prior: 1959 c 182 § 2.]
46.83.030
46.83.030 Deposit, control of funds—Support. All
funds appropriated by the city or town and county to the operation of the traffic school shall be deposited with the county
treasurer and shall be administered by the board of county
commissioners. The governing bodies of every city or town
and county participating in the operation of traffic schools are
authorized to make such appropriations by ordinance or resolution, as the case may be, as they shall determine for the
establishment and operation of traffic schools, and they are
further authorized to accept and expend gifts, donations, and
any other money from any source, private or public, given for
the purpose of said schools. [1961 c 12 § 46.83.030. Prior:
1959 c 182 § 3.]
46.83.040
46.83.040 Purpose of school. It shall be the purpose of
every traffic school which may be established hereunder to
instruct, educate, and inform all persons appearing for training in the proper, lawful, and safe operation of motor vehicles, including but not limited to rules of the road and the limitations of persons, vehicles, and bicycles and roads, streets,
and highways under varying conditions and circumstances.
[1998 c 165 § 7; 1961 c 12 § 46.83.040. Prior: 1959 c 182 §
4.]
Short title—1998 c 165: See note following RCW 43.59.010.
46.83.050
Chapter 46.83
Chapter 46.83 RCW
TRAFFIC SCHOOLS
Sections
46.83.010
46.83.020
46.83.030
46.83.040
46.83.050
46.83.060
City or town and county traffic schools authorized—Procedure
to establish.
County commissioners to control and supervise—Assistance
of sheriff and police department.
Deposit, control of funds—Support.
Purpose of school.
Court may order attendance.
Duty of person required to attend—Penalty.
46.83.010
46.83.010 City or town and county traffic schools
authorized—Procedure to establish. Any city or town and
the county in which it is located are authorized, as may be
agreed between the respective governing bodies of the city or
town and county, to establish a traffic school for the purposes
and under the conditions set forth in this chapter. Such city or
town and county traffic school may be effected whenever the
governing body of the city or town shall pass an ordinance
and the board of commissioners of the county shall pass a resolution declaring intention to organize and operate a traffic
school in accordance with agreements had between them as
[Title 46 RCW—page 300]
46.83.050 Court may order attendance. Every municipal court, district court, juvenile court, superior court, and
every other court handling traffic cases within the limits of a
county wherein a traffic school has been established may, as
a part of any sentence imposed following a conviction for any
traffic law violation, or as a condition on the suspension of
sentence or deferral of any imposition of sentence, order any
person so convicted, whether that person be a juvenile, a
minor, or an adult, to attend the traffic school for a number of
days to be determined by the court, but not to exceed the
maximum number of days which the violator could be
required to serve in the city or county jail as a result of his or
her conviction. [1984 c 258 § 138; 1961 c 12 § 46.83.050.
Prior: 1959 c 182 § 5.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
46.83.060
46.83.060 Duty of person required to attend—Penalty. Every person required to attend a traffic school as
established under the provisions of this chapter shall maintain
attendance in accordance with the sentence or order. Failure
(2004 Ed.)
Reciprocal or Proportional Registration of Vehicles
so to do, unless for good cause shown by clear and convincing evidence, is a traffic infraction. [1979 ex.s. c 136 § 98;
1961 c 12 § 46.83.060. Prior: 1959 c 182 § 6.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
Chapter 46.85
Chapter 46.85 RCW
RECIPROCAL OR PROPORTIONAL
REGISTRATION OF VEHICLES
Sections
46.85.010
46.85.020
46.85.030
46.85.040
46.85.050
46.85.060
46.85.070
46.85.080
46.85.090
46.85.100
46.85.110
46.85.900
46.85.910
46.85.920
46.85.930
46.85.940
Declaration of policy.
Definitions.
Departmental entry into multistate proportional registration
agreement, International Registration Plan.
Authority for reciprocity agreements—Provisions—Reciprocity standards.
Base state registration reciprocity.
Declarations of extent of reciprocity, when—Exemptions,
benefits, and privileges—Rules.
Extension of reciprocal privileges to lessees authorized.
Automatic reciprocity, when.
Suspension of reciprocity benefits.
Agreements to be written, filed, and available for distribution.
Reciprocity agreements in effect at time of act.
Chapter part of and supplemental to motor vehicle registration
law.
Constitutionality.
Repeal and saving.
Effective date—1963 c 106.
Section captions not a part of the law.
46.85.010 Declaration of policy. It is the policy of this
state to promote and encourage the fullest possible use of its
highway system by authorizing the making and execution of
vehicle reciprocal or proportional registration agreements,
arrangements and declarations with other states, provinces,
territories, and countries with respect to vehicles registered in
this and such other states, provinces, territories, and countries
thus contributing to the economic and social development
and growth of this state. [1987 c 244 § 8; 1963 c 106 § 1.]
46.85.010
46.85.020 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Jurisdiction" means and includes a state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, a foreign country, and a state
or province of a foreign country.
(2) "Owner" means a person, business firm, or corporation who holds the legal title to a vehicle, or in the event a
vehicle is the subject of an agreement for the conditional sale
thereof with the right of purchase upon performance of the
conditions stated in the agreement and with an immediate
right of possession vested in the conditional vendee, or in the
event a vehicle is subject to a lease, contract, or other legal
arrangement vesting right of possession or control, for security or otherwise, or in the event a mortgagor of a vehicle is
entitled to possession, then the owner shall be deemed to be
such person in whom is vested right of possession or control.
(3) "Properly registered," as applied to place of registration, means:
(a) The jurisdiction where the person registering the
vehicle has his legal residence; or
(b) In the case of a commercial vehicle, the jurisdiction
in which it is registered if the commercial enterprise in which
46.85.020
(2004 Ed.)
46.85.040
such vehicle is used has a place of business therein, and, if the
vehicle is most frequently dispatched, garaged, serviced,
maintained, operated, or otherwise controlled in or from such
place of business, and, the vehicle has been assigned to such
place of business; or
(c) In the case of a commercial vehicle, the jurisdiction
where, because of an agreement or arrangement between two
or more jurisdictions, or pursuant to a declaration, the vehicle
has been registered as required by said jurisdiction.
In case of doubt or dispute as to the proper place of registration of a vehicle, the department shall make the final
determination, but in making such determination, may confer
with departments of the other jurisdictions affected. [1987 c
244 § 9; 1985 c 173 § 2; 1982 c 227 § 18; 1981 c 222 § 1;
1963 c 106 § 2.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
Effective date—1982 c 227: See note following RCW 19.09.100.
46.85.030
46.85.030 Departmental entry into multistate proportional registration agreement, International Registration Plan. The department of licensing shall have the authority to execute agreements, arrangements, or declarations to
carry out the provisions of chapter 46.87 RCW and this chapter.
If the department enters into a multistate proportional
registration agreement which requires this state to perform
acts in a quasi agency relationship, the department may collect and forward applicable registration fees and applications
to other jurisdictions on behalf of the applicant or on behalf
of another jurisdiction and may take such other action as will
facilitate the administration of such agreement.
If the department enters into a multistate proportional
registration agreement which prescribes procedures applicable to vehicles not specifically described in chapter 46.87
RCW, such as but not limited to "owner-operator" or "rental"
vehicles, it shall promulgate rules taking exception to or
accomplishing the procedures prescribed in such agreement.
It is the purpose and intent of this subsection to facilitate
the membership in the International Registration Plan and at
the same time allow the department to continue to participate
in such agreements and compacts as may be necessary and
desirable in addition to the International Registration Plan.
[1987 c 244 § 10; 1982 c 227 § 19; 1981 c 222 § 2; 1977 ex.s.
c 92 § 1; 1975-'76 2nd ex.s. c 34 § 137; 1967 c 32 § 113; 1963
c 106 § 3.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
Effective date—1982 c 227: See note following RCW 19.09.100.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
46.85.040
46.85.040 Authority for reciprocity agreements—
Provisions—Reciprocity standards. The department may
enter into an agreement or arrangement with the duly authorized representatives of another jurisdiction, granting to vehicles or to owners of vehicles which are properly registered or
licensed in such jurisdiction and for which evidence of compliance is supplied, benefits, privileges, and exemptions from
the payment, wholly or partially, of any taxes, fees, or other
charges imposed upon such vehicles or owners with respect
to the operation or ownership of such vehicles under the laws
[Title 46 RCW—page 301]
46.85.050
Title 46 RCW: Motor Vehicles
of this state. Such an agreement or arrangement shall provide
that vehicles properly registered or licensed in this state when
operated upon highways of such other jurisdiction shall
receive exemptions, benefits, and privileges of a similar kind
or to a similar degree as are extended to vehicles properly
registered or licensed in such jurisdiction when operated in
this state. Each such agreement or arrangement shall, in the
judgment of the department, be in the best interest of this
state and the citizens thereof and shall be fair and equitable to
this state and the citizens thereof, and all of the same shall be
determined on the basis and recognition of the benefits which
accrue to the economy of this state from the uninterrupted
flow of commerce. [1985 c 173 § 3; 1982 c 227 § 20; 1963 c
106 § 4.]
Effective date—1982 c 227: See note following RCW 19.09.100.
46.85.050
46.85.050 Base state registration reciprocity. An
agreement or arrangement entered into, or a declaration
issued under the authority of chapter 46.87 RCW or this
chapter may contain provisions authorizing the registration or
licensing in another jurisdiction of vehicles located in or
operated from a base in such other jurisdiction which vehicles otherwise would be required to be registered or licensed
in this state; and in such event the exemptions, benefits, and
privileges extended by such agreement, arrangement, or declaration shall apply to such vehicles, when properly licensed
or registered in such base jurisdiction. [1987 c 244 § 11;
1963 c 106 § 5.]
46.85.060
46.85.060 Declarations of extent of reciprocity,
when—Exemptions, benefits, and privileges—Rules. In
the absence of an agreement or arrangement with another
jurisdiction, the department may examine the laws and
requirements of such jurisdiction and declare the extent and
nature of exemptions, benefits and privileges to be extended
to vehicles properly registered or licensed in such other jurisdiction, or to the owners of such vehicles, which shall, in the
judgment of the department, be in the best interest of this
state and the citizens thereof and which shall be fair and equitable to this state and the citizens thereof, and all of the same
shall be determined on the basis and recognition of the benefits which accrue to the economy of this state from the uninterrupted flow of commerce. Declarations of exemptions,
benefits, and privileges issued by the department shall
include at least the following exemptions:
(1) Nonresident persons not employed in this state may
operate a vehicle in this state that is currently licensed in
another jurisdiction for a period not to exceed six months in
any continuous twelve-month period.
(2) Nonresident persons employed in this state may operate vehicles not to exceed twelve thousand pounds registered
gross vehicle weight that are currently licensed in another
jurisdiction if no permanent, temporary, or part-time residence is maintained in this state for a period greater than six
months in any continuous twelve-month period.
(3) A vehicle or a combination of vehicles, not exceeding
a registered gross or combined gross vehicle weight of twelve
thousand pounds, which is properly base licensed in another
jurisdiction and registered to a bona fide business in that
jurisdiction is not required to obtain Washington vehicle
[Title 46 RCW—page 302]
license registration except when such vehicle is owned or
operated by a business or branch office of a business located
in Washington.
(4) The department of licensing, after consultation with
the department of revenue, shall adopt such rules as it deems
necessary for the administration of these exemptions, benefits, and privileges. [1987 c 142 § 4; 1985 c 353 § 3; 1982 c
227 § 21; 1963 c 106 § 6.]
Effective date—1982 c 227: See note following RCW 19.09.100.
46.85.070
46.85.070 Extension of reciprocal privileges to lessees
authorized. An agreement, or arrangement entered into, or a
declaration issued under the authority of this chapter, may
contain provisions under which a leased vehicle properly registered by the lessor thereof may be entitled, subject to terms
and conditions stated therein, to the exemptions, benefits and
privileges extended by such agreement, arrangement or declaration. [1963 c 106 § 7.]
46.85.080
46.85.080 Automatic reciprocity, when. On and after
July 1, 1963, if no agreement, arrangement or declaration is
in effect with respect to another jurisdiction as authorized by
this chapter, any vehicle properly registered or licensed in
such other jurisdiction and for which evidence of compliance
is supplied shall receive, when operated in this state, the same
exemptions, benefits and privileges granted by such other
jurisdiction to vehicles properly registered in this state. Reciprocity extended under this section shall apply to commercial
vehicles only when engaged exclusively in interstate commerce. [1963 c 106 § 8.]
46.85.090
46.85.090 Suspension of reciprocity benefits. Agreements, arrangements or declarations made under the authority of this chapter may include provisions authorizing the
department to suspend or cancel the exemptions, benefits, or
privileges granted thereunder to an owner who violates any
of the conditions or terms of such agreements, arrangements,
or declarations or who violates the laws of this state relating
to motor vehicles or rules and regulations lawfully promulgated thereunder. [1987 c 244 § 12; 1963 c 106 § 9.]
46.85.100
46.85.100 Agreements to be written, filed, and available for distribution. All agreements, arrangements, or declarations or amendments thereto shall be in writing and shall
be filed with the department. Upon becoming effective, they
shall supersede the provisions of RCW 46.16.030, chapter
46.87 RCW, or this chapter to the extent that they are inconsistent therewith. The department shall provide copies for
public distribution upon request. [1987 c 244 § 13; 1982 c
227 § 22; 1967 c 32 § 114; 1963 c 106 § 10.]
Effective date—1982 c 227: See note following RCW 19.09.100.
46.85.110
46.85.110 Reciprocity agreements in effect at time of
act. All reciprocity and proportional registration agreements,
arrangements and declarations relating to vehicles in force
and effect at the time this chapter becomes effective shall
continue in force and effect at the time this chapter becomes
effective and until specifically amended or revoked as provided by law or by such agreements or arrangements. [1963
c 106 § 11.]
(2004 Ed.)
Proportional Registration
Effective date—1963 c 106: See RCW 46.85.930.
46.85.900 Chapter part of and supplemental to
motor vehicle registration law. This chapter shall be, and
construed as, a part of and supplemental to the motor vehicle
registration law of this state. [1963 c 106 § 30.]
46.85.900
46.85.910
46.85.910 Constitutionality. If any phrase, clause, subsection or section of this chapter shall be declared unconstitutional or invalid by any court of competent jurisdiction, it
shall be conclusively presumed that the legislature would
have enacted this chapter without the phrase, clause, subsection or section so held unconstitutional or invalid and the
remainder of the chapter shall not be affected as a result of
said part being held unconstitutional or invalid. [1963 c 106
§ 31.]
46.85.920
46.85.920 Repeal and saving. The following acts or
parts of acts and RCW sections are hereby repealed:
(1) Sections 46.84.010, 46.84.030, 46.84.040,
46.84.050, 46.84.060, 46.84.070, 46.84.080, 46.84.090 and
46.84.100, chapter 12, Laws of 1961 and RCW 46.84.010,
46.84.030, 46.84.040, 46.84.050, 46.84.060, 46.84.070,
46.84.080, 46.84.090 and 46.84.100;
(2) Section 46.84.020, chapter 12, Laws of 1961 as
amended by section 37, chapter 21, Laws of 1961 extraordinary session and RCW 46.84.020;
(3) Sections 1, 2, 3, and 4, chapter 266, Laws of 1961 and
RCW 46.84.110, 46.84.120, 46.84.130 and 46.84.140; and
(4) Sections 38, 39, and 40, chapter 21, Laws of 1961
extraordinary session and RCW 46.84.150, 46.84.160 and
46.84.170.
Such repeals shall not be construed as affecting any
existing right acquired under the statutes repealed, nor as
affecting any proceeding instituted thereunder, nor any rule,
regulation or order promulgated thereunder, nor any administrative action taken thereunder, nor the term of office or
appointment or employment of any person appointed or
employed thereunder. [1963 c 106 § 32.]
46.85.930 Effective date—1963 c 106. This chapter
shall take effect and be in force on and after July 1, 1963.
[1963 c 106 § 33.]
46.85.930
46.85.940 Section captions not a part of the law. Section captions as used in this chapter shall not constitute any
part of the law. [1963 c 106 § 34.]
46.85.940
Chapter 46.87
Chapter 46.87 RCW
PROPORTIONAL REGISTRATION
(Formerly: International Registration Plan)
Sections
46.87.010
46.87.020
46.87.022
46.87.023
46.87.025
46.87.030
46.87.040
46.87.050
46.87.060
46.87.070
(2004 Ed.)
Applicability—Implementation.
Definitions.
Rental trailers, converter gears.
Rental car businesses.
Vehicles titled in owner's name.
Part-year registration—Credit for unused fees.
Purchase of additional gross weight.
Deposit of fees.
Apportionment of fees, formula.
Registration of trailers, semitrailers, pole trailers.
46.87.080
46.87.085
46.87.090
46.87.120
46.87.130
46.87.140
46.87.150
46.87.170
46.87.180
46.87.190
46.87.200
46.87.210
46.87.220
46.87.230
46.87.240
46.87.250
46.87.260
46.87.270
46.87.280
46.87.290
46.87.294
46.87.296
46.87.300
46.87.310
46.87.320
46.87.330
46.87.335
46.87.340
46.87.350
46.87.360
46.87.370
46.87.380
46.87.390
46.87.400
46.87.410
46.87.900
46.87.901
46.87.910
46.87.010
Cab cards, validation tabs, special license plates—Design,
procedures—Issuance, refusal, revocation.
Staggered renewal periods.
Apportioned vehicle license plates, cab card, validation tabs—
Replacement—Fees.
Mileage data for applications—Nonmotor vehicles.
Vehicle transaction fee.
Application—Filing, contents—Fees and taxes—Assessments, due date.
Overpayment, underpayment—Refund, additional charge.
Recalculation of prorate percentage—Additional fees and
taxes.
Conditions on fleet vehicles.
Suspension or cancellation of benefits.
Refusal of registration—Federal heavy vehicle use tax.
Refusal of application from nonreciprocal jurisdiction.
Gross weight computation.
Responsibility for unlawful acts or omissions.
Relationship of department with other jurisdictions.
Authority of chapter.
Alteration or forgery of cab card or letter of authority—Penalty.
Gross weight on vehicle.
Effect of other registration.
Refusal, cancellation of application, cab card—Procedures,
penalties.
Refusal under federal prohibition.
Suspension, revocation under federal prohibition.
Appeal of suspension, revocation, cancellation, refusal.
Application records—Preservation, contents, audit—Additional assessments, penalties, refunds.
Departmental audits, investigations—Subpoenas.
Assessments—When due, penalties—Reassessment—Petition, notice, service—Injunctions, writs of mandate
restricted.
Mitigation of assessments.
Assessments—Lien for nonpayment.
Delinquent obligations—Notice—Restriction on credits or
property—Default judgments—Lien.
Delinquent obligations—Collection by department—Seizure
of property, notice, sale.
Warrant for final assessments—Lien on property.
Delinquent obligations—Collection by attorney general.
Remedies cumulative.
Civil immunity.
Bankruptcy proceedings—Notice.
Severability—1985 c 380.
Effective date—1986 c 18; 1985 c 380.
Short title.
46.87.010
46.87.010 Applicability—Implementation. This
chapter applies to proportional registration and reciprocity
granted under the provisions of the International Registration
Plan (IRP) and the Uniform Vehicle Registration, Proration,
and Reciprocity Agreement (Western Compact). This chapter
shall become effective and be implemented beginning with
the 1988 registration year; however, if Washington is not
then registering vehicles under the provisions of the IRP, the
effective date and implementation date for the IRP shall both
be delayed until such time as Washington begins registering
vehicles under the provisions of the IRP.
(1) Provisions and terms of the IRP and the Western
Compact, as applicable, shall prevail unless given a different
meaning in chapter 46.04 RCW, this chapter, or in rules
adopted under the authority of this chapter.
(2) The director may adopt and enforce rules deemed
necessary to implement and administer this chapter.
(3) Beginning with the first registration year in which the
state of Washington begins registering fleets under provisions of the IRP, owners having a fleet of apportionable vehicles operating in two or more IRP member jurisdictions may
elect to proportionally register the vehicles of the fleet under
the provisions of the IRP and this chapter in lieu of full or
[Title 46 RCW—page 303]
46.87.020
Title 46 RCW: Motor Vehicles
temporary registration as provided for in chapters 46.16 or
46.88 RCW.
(4) Owners having a fleet of commercial vehicles operating and registered in at least one Western Compact member
jurisdiction other than Washington may elect to proportionally register the vehicles of the fleet under provisions of the
Western Compact and this chapter in lieu of full or temporary
registration as provided for in chapter 46.16 or 46.88 RCW.
(5) If a due date or an expiration date established under
authority of this chapter falls on a Saturday, Sunday, or a
state legal holiday, such period is automatically extended
through the end of the next business day. [1987 c 244 § 15;
1986 c 18 § 22; 1985 c 380 § 1.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.020
46.87.020 Definitions. Terms used in this chapter have
the meaning given to them in the International Registration
Plan (IRP), the Uniform Vehicle Registration, Proration, and
Reciprocity Agreement (Western Compact), chapter 46.04
RCW, or as otherwise defined in this section. Definitions
given to terms by the IRP and the Western Compact, as applicable, shall prevail unless given a different meaning in this
chapter or in rules adopted under authority of this chapter.
(1) "Apportionable vehicle" has the meaning given by
the IRP, except that it does not include vehicles with a
declared gross weight of twelve thousand pounds or less.
Apportionable vehicles include trucks, tractors, truck tractors, road tractors, and buses, each as separate and licensable
vehicles. For IRP jurisdictions that require the registration of
nonmotor vehicles, this term may include trailers, semitrailers, and pole trailers as applicable, each as separate and licensable vehicles.
(2) "Cab card" is a certificate of registration issued for a
vehicle by the registering jurisdiction under the Western
Compact. Under the IRP, it is a certificate of registration
issued by the base jurisdiction for a vehicle upon which is
disclosed the jurisdictions and registered gross weights in
such jurisdictions for which the vehicle is registered.
(3) "Commercial vehicle" is a term used by the Western
Compact and means any vehicle, except recreational vehicles, vehicles displaying restricted plates, and government
owned or leased vehicles, that is operated and registered in
more than one jurisdiction and is used or maintained for the
transportation of persons for hire, compensation, or profit, or
is designed, used, or maintained primarily for the transportation of property and:
(a) Is a motor vehicle having a declared gross weight in
excess of twenty-six thousand pounds; or
(b) Is a motor vehicle having three or more axles with a
declared gross weight in excess of twelve thousand pounds;
or
(c) Is a motor vehicle, trailer, pole trailer, or semitrailer
used in combination when the gross weight or declared gross
weight of the combination exceeds twenty-six thousand
pounds combined gross weight. The nonmotor vehicles mentioned are only applicable to those jurisdictions requiring the
registration of such vehicles.
Although a two-axle motor vehicle, trailer, pole trailer,
semitrailer, or any combination of such vehicles with an
actual or declared gross weight or declared combined gross
[Title 46 RCW—page 304]
weight exceeding twelve thousand pounds but not more than
twenty-six thousand is not considered to be a commercial
vehicle, at the option of the owner, such vehicles may be considered as "commercial vehicles" for the purpose of proportional registration. The nonmotor vehicles mentioned are
only applicable to those jurisdictions requiring the registration of such vehicles.
Commercial vehicles include trucks, tractors, truck tractors, road tractors, and buses. Trailers, pole trailers, and
semitrailers, will also be considered as commercial vehicles
for those jurisdictions who require registration of such vehicles.
(4) "Credentials" means cab cards, apportioned plates
(for Washington-based fleets), and validation tabs issued for
proportionally registered vehicles.
(5) "Declared combined gross weight" means the total
unladen weight of any combination of vehicles plus the
weight of the maximum load to be carried on the combination
of vehicles as set by the registrant in the application pursuant
to chapter 46.44 RCW and for which registration fees have
been or are to be paid.
(6) "Declared gross weight" means the total unladen
weight of any vehicle plus the weight of the maximum load to
be carried on the vehicle as set by the registrant in the application pursuant to chapter 46.44 RCW and for which registration fees have been or are to be paid. In the case of a bus, auto
stage, or a passenger-carrying for hire vehicle with a seating
capacity of more than six, the declared gross weight shall be
determined by multiplying the average load factor of one
hundred and fifty pounds by the number of seats in the vehicle, including the driver's seat, and add this amount to the
unladen weight of the vehicle. If the resultant gross weight is
not listed in RCW 46.16.070, it will be increased to the next
higher gross weight so listed pursuant to chapter 46.44 RCW.
(7) "Department" means the department of licensing.
(8) "Fleet" means one or more commercial vehicles in
the Western Compact and one or more apportionable vehicles
in the IRP.
(9) "In-jurisdiction miles" means the total miles accumulated in a jurisdiction during the preceding year by vehicles of
the fleet while they were a part of the fleet.
(10) "IRP" means the International Registration Plan.
(11) "Jurisdiction" means and includes a state, territory
or possession of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, a foreign country, and a
state or province of a foreign country.
(12) "Motor carrier" means an entity engaged in the
transportation of goods or persons. The term includes a forhire motor carrier, private motor carrier, contract motor carrier, or exempt motor carrier. The term includes a registrant
licensed under this chapter, a motor vehicle lessor, and a
motor vehicle lessee.
(13) "Owner" means a person or business firm who holds
the legal title to a vehicle, or if a vehicle is the subject of an
agreement for its conditional sale with the right of purchase
upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the conditional vendee, or if a vehicle is subject to a lease, contract,
or other legal arrangement vesting right of possession or control, for security or otherwise, or if a mortgagor of a vehicle
is entitled to possession, then the owner is deemed to be the
(2004 Ed.)
Proportional Registration
person or business firm in whom is vested right of possession
or control.
(14) "Preceding year" means the period of twelve consecutive months immediately before July 1st of the year
immediately before the commencement of the registration or
license year for which apportioned registration is sought.
(15) "Properly registered," as applied to the place of registration under the provisions of the Western Compact,
means:
(a) In the case of a commercial vehicle, the jurisdiction
in which it is registered if the commercial enterprise in which
the vehicle is used has a place of business therein, and, if the
vehicle is most frequently dispatched, garaged, serviced,
maintained, operated, or otherwise controlled in or from that
place of business, and the vehicle has been assigned to that
place of business; or
(b) In the case of a commercial vehicle, the jurisdiction
where, because of an agreement or arrangement between two
or more jurisdictions, or pursuant to a declaration, the vehicle
has been registered as required by that jurisdiction.
In case of doubt or dispute as to the proper place of registration of a commercial vehicle, the department shall make
the final determination, but in making such determination,
may confer with departments of the other jurisdictions
affected.
(16) "Prorate percentage" is the factor that is applied to
the total proratable fees and taxes to determine the apportionable or prorate fees required for registration in a particular
jurisdiction. It is determined by dividing the in-jurisdiction
miles for a particular jurisdiction by the total miles. This
term is synonymous with the term "mileage percentage."
(17) "Registrant" means a person, business firm, or corporation in whose name or names a vehicle or fleet of vehicles is registered.
(18) "Registration year" means the twelve-month period
during which the registration plates issued by the base jurisdiction are valid according to the laws of the base jurisdiction.
(19) "Total miles" means the total number of miles accumulated in all jurisdictions during the preceding year by all
vehicles of the fleet while they were a part of the fleet. Mileage accumulated by vehicles of the fleet that did not engage
in interstate operations is not included in the fleet miles.
(20) "Western Compact" means the Uniform Vehicle
Registration, Proration, and Reciprocity Agreement. [2003 c
85 § 1; 1997 c 183 § 2; 1994 c 262 § 12; 1993 c 307 § 12;
1991 c 163 § 4; 1990 c 42 § 111; 1987 c 244 § 16; 1985 c 380
§ 2.]
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.022 Rental trailers, converter gears. Owners of
rental trailers and semitrailers over six thousand pounds gross
vehicle weight, and converter gears used solely in pool fleets
shall fully register a portion of the pool fleet in this state. To
determine the percentage of total fleet vehicles that must be
registered in this state, divide the gross revenue received in
the preceding year for the use of the rental vehicles arising
from rental transactions occurring in this state by the total
revenue received in the preceding year for the use of the
46.87.022
(2004 Ed.)
46.87.030
rental vehicles arising from rental transactions in all jurisdictions in which the vehicles are operated. Apply the resulting
percentage to the total number of vehicles that shall be registered in this state. Vehicles registered in this state shall be
representative of the vehicles in the fleet according to age,
size, and value. [1990 c 250 § 74.]
Severability—1990 c 250: See note following RCW 46.16.301.
46.87.023
46.87.023 Rental car businesses. (1) Rental car businesses must register with the department of licensing. This
registration must be renewed annually by the rental car business.
(2) Rental cars must be titled and registered under the
provisions of chapters 46.12 and 46.16 RCW. The vehicle
must be identified at the time of application with the rental
car company business number issued by the department.
(3) Use of rental cars is restricted to the rental customer
unless otherwise provided by rule.
(4) The department may suspend or cancel the exemptions, benefits, or privileges granted under this section to a
rental car business that violates the laws of this state relating
to the operation or registration of vehicles or rules lawfully
adopted thereunder. The department may initiate and conduct
audits, investigations, and enforcement actions as may be
reasonably necessary for administering this section.
(5) The department shall adopt such rules as may be necessary to administer and enforce the provisions of this section. [1994 c 227 § 2; 1992 c 194 § 7.]
Effective dates—1992 c 194: See note following RCW 46.04.466.
46.87.025
46.87.025 Vehicles titled in owner's name. All vehicles being added to an existing Washington-based fleet or
those vehicles that make up a new Washington-based fleet
shall be titled in the name of the owner at time of registration,
or evidence of filing application for title for such vehicles in
the name of the owner shall accompany the application for
proportional registration. [1990 c 250 § 75; 1987 c 244 § 17.]
Severability—1990 c 250: See note following RCW 46.16.301.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.030
46.87.030 Part-year registration—Credit for unused
fees. (1) When application to register an apportionable or
commercial vehicle is made, the Washington prorated fees
may be reduced by one-twelfth for each full registration
month that has elapsed at the time a temporary authorization
permit (TAP) was issued or if no TAP was issued, at such
time as an application for registration is received in the
department. If a vehicle is being added to a currently registered fleet, the prorate percentage previously established for
the fleet for such registration year shall be used in the computation of the proportional fees and taxes due.
(2) If any vehicle is withdrawn from a proportionally
registered fleet during the period for which it is registered
under this chapter, the registrant of the fleet shall notify the
department on appropriate forms prescribed by the department. The department may require the registrant to surrender
credentials that were issued to the vehicle. If a motor vehicle
is permanently withdrawn from a proportionally registered
fleet because it has been destroyed, sold, or otherwise completely removed from the service of the fleet registrant, the
[Title 46 RCW—page 305]
46.87.040
Title 46 RCW: Motor Vehicles
unused portion of the licensing fee paid under RCW
46.16.070 with respect to the vehicle reduced by one-twelfth
for each calendar month and fraction thereof elapsing
between the first day of the month of the current registration
year in which the vehicle was registered and the date the
notice of withdrawal, accompanied by such credentials as
may be required, is received in the department, shall be credited to the fleet proportional registration account of the registrant. Credit shall be applied against the licensing fee liability
for subsequent additions of motor vehicles to be proportionally registered in the fleet during such registration year or for
additional licensing fees due under RCW 46.16.070 or to be
due upon audit under RCW 46.87.310. If any credit is less
than fifteen dollars, no credit will be entered. In lieu of credit,
the registrant may choose to transfer the unused portion of the
licensing fee for the motor vehicle to the new owner, in which
case it shall remain with the motor vehicle for which it was
originally paid. In no event may any amount be credited
against fees other than those for the registration year from
which the credit was obtained nor is any amount subject to
refund. [1997 c 183 § 3; 1993 c 307 § 13; 1987 c 244 § 18;
1986 c 18 § 23; 1985 c 380 § 3.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.040
46.87.040 Purchase of additional gross weight. Additional gross weight may be purchased for proportionally registered motor vehicles to the limits authorized under chapter
46.44 RCW. Reregistration at the higher gross weight (maximum gross weights under this chapter are fifty-four thousand
pounds for a solo three-axle truck or one hundred five thousand five hundred pounds for a combination) for the balance
of the registration year, including the full registration month
in which the vehicle is initially licensed at the higher gross
weight. The apportionable or proportional fee initially paid to
the state of Washington, reduced for the number of full registration months the license was in effect, will be deducted
from the total fee to be paid to this state for licensing at the
higher gross weight for the balance of the registration year.
No credit or refund will be given for a reduction of gross
weight. [1994 c 262 § 13; 1987 c 244 § 19; 1985 c 380 § 4.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.050
46.87.050 Deposit of fees. Each day the department
shall forward to the state treasurer the fees collected under
this chapter, and within ten days of the end of each registration quarter, a detailed report identifying the amount to be
deposited to each account for which fees are required for the
licensing of proportionally registered vehicles. Such fees
shall be deposited pursuant to RCW 46.68.035, *82.44.110,
and 82.44.170. [1987 c 244 § 20; 1985 c 380 § 5.]
*Reviser's note: RCW 82.44.110 was repealed by 2003 c 1 § 5, (Initiative Measure No. 776, approved November 5, 2002).
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.060
46.87.060 Apportionment of fees, formula. The
apportionment of fees to IRP member jurisdictions shall be in
accordance with the provisions of the IRP agreement based
on the apportionable fee multiplied by the prorate percentage
for each jurisdiction in which the fleet will be registered or is
currently registered. [1987 c 244 § 21; 1985 c 380 § 6.]
[Title 46 RCW—page 306]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.070
46.87.070 Registration of trailers, semitrailers, pole
trailers. (1) Washington-based trailers, semitrailers, or pole
trailers shall be licensed in this state under the provisions of
chapter 46.16 RCW except as herein provided. If these vehicles are being operated in jurisdictions that require the registration of such vehicles, the applicable vehicles may be considered as apportionable or commercial vehicles for the purpose of registration in those jurisdictions and this state. This
provision does not apply to trailers, semitrailers, or pole trailers which have been issued permanent plates.
(2) Trailers, semitrailers, and pole trailers which are
properly based in jurisdictions other than Washington, and
which display currently registered license plates from such
jurisdictions will be granted vehicle license reciprocity in this
state without the need of further vehicle license registration.
If pole trailers are not required to be licensed separately by a
member jurisdiction, such vehicles may be operated in this
state without displaying a current base license plate. [1993 c
123 § 1. Prior: 1991 c 339 § 9; 1991 c 163 § 5; 1990 c 42 §
112; 1987 c 244 § 22; 1985 c 380 § 7.]
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note following RCW 46.16.070.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.080
46.87.080 Cab cards, validation tabs, special license
plates—Design, procedures—Issuance, refusal, revocation. (1) Upon making satisfactory application and payment
of applicable fees and taxes for proportional registration
under this chapter, the department shall issue a cab card and
validation tab for each vehicle, and to vehicles of Washington-based fleets, two distinctive apportionable license plates
for each motor vehicle and one such plate for each trailer,
semitrailer, pole trailer, or converter gear listed on the application. License plates shall be displayed on vehicles as
required by RCW 46.16.240. The number and plate shall be
of a design, size, and color determined by the department.
The plates shall be treated with reflectorized material and
clearly marked with the words "WASHINGTON" and
"APPORTIONED," both words to appear in full and without
abbreviation.
(2) The cab card serves as the certificate of registration
for a proportionally registered vehicle. The face of the cab
card shall contain the name and address of the registrant as
contained in the records of the department, the license plate
number assigned to the vehicle by the base jurisdiction, the
vehicle identification number, and such other description of
the vehicle and data as the department may require. The cab
card shall be signed by the registrant, or a designated person
if the registrant is a business firm, and shall at all times be
carried in or on the vehicle to which it was issued. In the case
of nonpowered vehicles, the cab card may be carried in or on
the vehicle supplying the motive power instead of in or on the
nonpowered vehicle.
(3) The apportioned license plates are not transferrable
from vehicle to vehicle unless otherwise determined by rule
and shall be used only on the vehicle to which they are
assigned by the department for as long as they are legible or
(2004 Ed.)
Proportional Registration
until such time as the department requires them to be
removed and returned to the department.
(4) Distinctive validation tab(s) of a design, size, and
color determined by the department shall be affixed to the
apportioned license plate(s) as prescribed by the department
to indicate the month, if necessary, and year for which the
vehicle is registered. Foreign-based vehicles proportionally
registered in this state under the provisions of the Western
Compact shall display the validation tab on a backing plate or
as otherwise prescribed by the department.
(5) Renewals shall be effected by the issuance and display of such tab(s) after making satisfactory application and
payment of applicable fees and taxes.
(6) Fleet vehicles so registered and identified shall be
deemed to be fully licensed and registered in this state for any
type of movement or operation. However, in those instances
in which a grant of authority is required for interstate or intrastate movement or operation, no such vehicle may be operated in interstate or intrastate commerce in this state unless
the owner has been granted interstate operating authority by
the interstate commerce commission in the case of interstate
operations or intrastate operating authority by the Washington utility and transportation commission in the case of intrastate operations and unless the vehicle is being operated in
conformity with that authority.
(7) The department may issue temporary authorization
permits (TAPs) to qualifying operators for the operation of
vehicles pending issuance of license identification. A fee of
one dollar plus a one dollar filing fee shall be collected for
each permit issued. The permit fee shall be deposited in the
motor vehicle fund, and the filing fee shall be deposited in the
highway safety fund. The department may adopt rules for use
and issuance of the permits.
(8) The department may refuse to issue any license or
permit authorized by subsection (1) or (7) of this section to
any person: (a) Who formerly held any type of license or permit issued by the department pursuant to chapter 46.16,
46.85, 46.87, 82.36, or 82.38 RCW that has been revoked for
cause, which cause has not been removed; or (b) who is a
subterfuge for the real party in interest whose license or permit issued by the department pursuant to chapter 46.16,
46.85, 46.87, 82.36, or 82.38 RCW and has been revoked for
cause, which cause has not been removed; or (c) who, as an
individual licensee, or officer, director, owner, or managing
employee of a nonindividual licensee, has had a license or
permit issued by the department pursuant to chapter 46.16,
46.85, 46.87, 82.36, or 82.38 RCW which has been revoked
for cause, which cause has not been removed; or (d) who has
an unsatisfied debt to the state assessed under either chapter
46.16, 46.85, 46.87, 82.36, 82.38, or 82.44 RCW.
(9) The department may revoke the license or permit
authorized by subsection (1) or (7) of this section issued to
any person for any of the grounds constituting cause for
denial of licenses or permits set forth in subsection (8) of this
section.
(10) Before such refusal or revocation under subsection
(8) or (9) of this section, the department shall grant the applicant a hearing and at least ten days written notice of the time
and place of the hearing. [1998 c 115 § 1; 1993 c 307 § 14;
1987 c 244 § 23; 1985 c 380 § 8.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
(2004 Ed.)
46.87.120
46.87.085 Staggered renewal periods. The department
may extend or diminish vehicle license registration periods
for the purpose of staggering renewal periods. The extension
or diminishment of a vehicle license registration period must
be by rule of the department. The rule shall provide for the
collection of proportionally increased or decreased vehicle
license registration fees and of excise or other taxes required
to be paid at the time of registration.
It is the intent of the legislature that there shall be neither
a significant net gain nor loss of revenue to the state general
fund or the motor vehicle fund as the result of implementing
and maintaining a staggered vehicle registration system.
[1993 c 307 § 17.]
46.87.085
46.87.090 Apportioned vehicle license plates, cab
card, validation tabs—Replacement—Fees. (1) To replace
an apportioned vehicle license plate(s), cab card, or validation tab(s) due to loss, defacement, or destruction, the registrant shall apply to the department on forms furnished for that
purpose. The application, together with proper payment and
other documentation as indicated, shall be filed with the
department as follows:
(a) Apportioned plate(s) - a fee of ten dollars shall be
charged for vehicles required to display two apportioned
plates or five dollars for vehicles required to display one
apportioned plate. The cab card of the vehicle for which a
plate is requested shall accompany the application. The
department shall issue a new apportioned plate(s) with validation tab(s) and a new cab card upon acceptance of the completed application form, old cab card, and the required
replacement fee.
(b) Cab card - a fee of two dollars shall be charged for
each card. If this is a duplicate cab card, it will be noted
thereon.
(c) Validation year tab(s) - a fee of two dollars shall be
charged for each vehicle.
(2) All fees collected under this section shall be deposited to the motor vehicle fund. [1994 c 262 § 14; 1987 c 244
§ 24; 1986 c 18 § 24; 1985 c 380 § 9.]
46.87.090
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.120 Mileage data for applications—Nonmotor
vehicles. (1) The initial application for proportional registration of a fleet shall state the mileage data with respect to the
fleet for the preceding year in this and other jurisdictions. If
no operations were conducted with the fleet during the preceding year, the application shall contain a full statement of
the proposed method of operation and estimates of annual
mileage in each of the jurisdictions in which operation is contemplated. The registrant shall determine the in-jurisdiction
and total miles to be used in computing the fees and taxes due
for the fleet. The department may evaluate and adjust the estimate in the application if it is not satisfied as to its correctness. The department shall require a minimum estimated
mileage of one trip state-line-to-state-line in each jurisdiction
the carrier registers for operations.
(2) Fleets will consist of either motor vehicles or nonmotor vehicles, but not a mixture of both.
(3) In instances where the use of mileage accumulated by
a nonmotor vehicle fleet is impractical, for the purpose of calculating prorate percentages, the registrant may request
46.87.120
[Title 46 RCW—page 307]
46.87.130
Title 46 RCW: Motor Vehicles
another method and/or unit of measure to be used in determining the prorate percentages. Upon receiving such request,
the department may prescribe another method and/or unit of
measure to be used in lieu of mileage that will ensure each
jurisdiction that requires the registration of nonmotor vehicles its fair share of vehicle licensing fees and taxes.
(4) When operations of a Washington-based fleet is
materially changed through merger, acquisition, or extended
authority, the registrant shall notify the department, which
shall then require the filing of an amended application setting
forth the proposed operation by use of estimated mileage for
all jurisdictions. The department may adjust the estimated
mileage by audit or otherwise to an actual travel basis to
insure proper fee payment. The actual travel basis may be
used for determination of fee payments until such time as a
normal mileage year is available under the new operation.
Under the provisions of the Western Compact, this subsection applies to any fleet proportionally registered in Washington irrespective of the fleet's base jurisdiction. [1997 c 183 §
4; 1990 c 42 § 113; 1987 c 244 § 25.]
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.130
46.87.130 Vehicle transaction fee. In addition to all
other fees prescribed for the proportional registration of vehicles under this chapter, the department shall collect a vehicle
transaction fee each time a vehicle is added to a Washingtonbased fleet, and each time the proportional registration of a
Washington-based vehicle is renewed. The transaction fee is
also applicable to all foreign-based vehicles for which this
state calculates and assesses fees/taxes for the state of Washington. The exact amount of the vehicle transaction fee shall
be fixed by rule but shall not exceed ten dollars. This fee shall
be deposited in the motor vehicle fund. [1987 c 244 § 26.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.140
46.87.140 Application—Filing, contents—Fees and
taxes—Assessments, due date. (1) Any owner engaged in
interstate operations of one or more fleets of apportionable or
commercial vehicles may, in lieu of registration of the vehicles under chapter 46.16 RCW, register and license the vehicles of each fleet under this chapter by filing a proportional
registration application for each fleet with the department.
The nonmotor vehicles of Washington-based fleets which are
operated in IRP jurisdictions that require registration of such
vehicles may be proportionally registered for operation in
those jurisdictions as herein provided. The application shall
contain the following information and such other information
pertinent to vehicle registration as the department may
require:
(a) A description and identification of each vehicle of the
fleet. Motor vehicles and nonpower units shall be placed in
separate fleets.
(b) If registering under the provisions of the IRP, the registrant shall also indicate member jurisdictions in which registration is desired and furnish such other information as
those member jurisdictions require.
(c) An original or renewal application shall also be
accompanied by a mileage schedule for each fleet.
[Title 46 RCW—page 308]
(d) The USDOT number issued to the registrant and the
USDOT number of the motor carrier responsible for the
safety of the vehicle, if different.
(e) A completed Motor Carrier Identification Report
(MCS-150) at the time of fleet renewal or at the time of vehicle registration, if required by the department.
(f) The Taxpayer Identification Number of the registrant
and the motor carrier responsible for the safety of the vehicle,
if different.
(2) Each application shall, at the time and in the manner
required by the department, be supported by payment of a fee
computed as follows:
(a) Divide the in-jurisdiction miles by the total miles and
carry the answer to the nearest thousandth of a percent (three
places beyond the decimal, e.g. 10.543%). This factor is
known as the prorate percentage.
(b) Determine the total proratable fees and taxes required
for each vehicle in the fleet for which registration is
requested, based on the regular annual fees and taxes or
applicable fees and taxes for the unexpired portion of the registration year under the laws of each jurisdiction for which
fees or taxes are to be calculated.
Washington-based nonmotor vehicles shall normally be
fully licensed under the provisions of chapter 46.16 RCW. If
these vehicles are being operated in jurisdictions that require
the registration of such vehicles, the applicable vehicles may
be considered as apportionable vehicles for the purpose of
registration in those jurisdictions and this state. The prorate
percentage for which registration fees and taxes were paid to
such jurisdictions may be credited toward the one hundred
percent of registration fees and taxes due this state for full
licensing. Applicable fees and taxes for vehicles of Washington-based fleets are those prescribed under RCW 46.16.070,
46.16.085, and 82.38.075, as applicable. If, during the registration period, the lessor of an apportioned vehicle changes
and the vehicle remains in the fleet of the registrant, the
department shall only charge those fees prescribed for the
issuance of new apportioned license plates, validation tabs,
and cab card.
(c) Multiply the total, proratable fees or taxes for each
motor vehicle by the prorate percentage applicable to the
desired jurisdiction and round the results to the nearest cent.
Fees and taxes for nonmotor vehicles being prorated will be
calculated as indicated in (b) of this subsection.
(d) Add the total fees and taxes determined in (c) of this
subsection for each vehicle to the nonproratable fees required
under the laws of the jurisdiction for which fees are being calculated. Nonproratable fees required for vehicles of Washington-based fleets are the administrative fee required by
RCW 82.38.075, if applicable, and the vehicle transaction fee
pursuant to the provisions of RCW 46.87.130.
(e) Add the total fees and taxes determined in (d) of this
subsection for each vehicle listed on the application. Assuming the fees and taxes calculated were for Washington, this
would be the amount due and payable for the application
under the provisions of the Western Compact. Under the provisions of the IRP, the amount due and payable for the application would be the sum of the fees and taxes referred to in
(d) of this subsection, calculated for each member jurisdiction in which registration of the fleet is desired.
(2004 Ed.)
Proportional Registration
46.87.230
46.87.190
(3) All assessments for proportional registration fees are
due and payable in United States funds on the date presented
or mailed to the registrant at the address listed in the proportional registration records of the department. The registrant
may petition for reassessment of the fees or taxes due under
this section within thirty days of the date of original service
as provided for in this chapter. [2003 c 85 § 2; 1997 c 183 §
5; 1991 c 339 § 10; 1990 c 42 § 114; 1987 c 244 § 27.]
46.87.190 Suspension or cancellation of benefits. The
department may suspend or cancel the exemptions, benefits,
or privileges granted under chapter 46.85 RCW or this chapter to any person or business firm who violates any of the
conditions or terms of the IRP, Western Compact, or declarations, or who violates the laws of this state relating to the
operation or registration of vehicles or rules lawfully adopted
thereunder. [1987 c 244 § 32.]
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—1987 c 244: See note following RCW 46.12.020.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.150
46.87.150 Overpayment, underpayment—Refund,
additional charge. Whenever a person has been required to
pay a fee or tax pursuant to this chapter that amounts to an
overpayment of ten dollars or more, the person is entitled to a
refund of the entire amount of such overpayment, regardless
of whether or not a refund of the overpayment has been
requested. Nothing in this subsection precludes anyone from
applying for a refund of such overpayment if the overpayment is less than ten dollars. Conversely, if the department or
its agents has failed to charge and collect the full amount of
fees or taxes pursuant to this chapter, which underpayment is
in the amount of ten dollars or more, the department shall
charge and collect such additional amount as will constitute
full payment of the fees and taxes due. [1996 c 91 § 1; 1987
c 244 § 28.]
Effective date—1996 c 91: "This act takes effect July 1, 1996." [1996
c 91 § 5.]
46.87.200
46.87.200 Refusal of registration—Federal heavy
vehicle use tax. The department may refuse registration of a
vehicle if the applicant has failed to furnish proof, acceptable
to the department, that the federal heavy vehicle use tax
imposed by section 4481 of the internal revenue code of 1954
has been suspended or paid. The department may adopt rules
as deemed necessary to administer this section. [1987 c 244
§ 33.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.210
46.87.210 Refusal of application from nonreciprocal
jurisdiction. The department may refuse to accept proportional registration applications for the registration of vehicles
based in another jurisdiction if the department finds that the
other jurisdiction does not grant similar registration privileges to fleet vehicles based in or owned by residents of this
state. [1987 c 244 § 34.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.220
46.87.170
46.87.170 Recalculation of prorate percentage—
Additional fees and taxes. If the department determines that
a Washington-based carrier has proportionally registered a
fleet in this state under provisions of the Western Compact
and this chapter and has not fully or proportionally registered
the fleet in another member jurisdiction(s) after indicating
their intent to do so in their application to this state, the mileage traveled in such jurisdiction(s) shall be added to the
Washington in-jurisdiction miles. The department shall then
recalculate the carrier's Washington prorate percentage and
shall assess and bill the registrant for the additional fees and
taxes due the state of Washington. [1987 c 244 § 30.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.180
46.87.180 Conditions on fleet vehicles. The privileges
and benefits of proportional registration of fleet vehicles
extended by this chapter, or by any contract, agreement,
arrangement, or declaration made under the authority of
chapter 46.85 RCW or this chapter are subject to the conditions that:
(1) Each vehicle of the fleet proportionally registered
under the authority of this chapter is also fully or proportionally registered in at least one other jurisdiction during the
period for which it is proportionally registered in this state;
and
(2) A fleet consists of the same vehicles in each jurisdiction in which the fleet is proportionally registered. [1987 c
244 § 31.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
(2004 Ed.)
46.87.220 Gross weight computation. The gross
weight in the case of a motor truck, tractor, or truck tractor is
the scale weight of the motor truck, tractor, or truck tractor,
plus the scale weight of any trailer, semitrailer, converter
gear, or pole trailer to be towed by it, to which shall be added
the weight of the maximum load to be carried on it or towed
by it as set forth by the licensee in the application providing
it does not exceed the weight limitations prescribed by chapter 46.44 RCW.
The gross weight in the case of a bus, auto stage, or for
hire vehicle, except a taxicab, with a seating capacity over
six, is the scale weight of the bus, auto stage, or for hire vehicle plus the seating capacity, including the operator's seat,
computed at one hundred and fifty pounds per seat.
If the resultant gross weight, according to this section, is
not listed in RCW 46.16.070, it will be increased to the next
higher gross weight so listed pursuant to chapter 46.44 RCW.
A motor vehicle or combination of vehicles found to be
loaded beyond the licensed gross weight of the motor vehicle
registered under this chapter shall be cited and handled under
RCW 46.16.140 and 46.16.145. [1987 c 244 § 35.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.230
46.87.230 Responsibility for unlawful acts or omissions. Whenever an act or omission is declared to be unlawful under chapter 46.12, 46.16, or 46.44 RCW or this chapter,
and if the operator of the vehicle is not the owner or lessee of
the vehicle but is so operating or moving the vehicle with the
express or implied permission of the owner or lessee, then the
operator and the owner or lessee are both subject to this chap[Title 46 RCW—page 309]
46.87.240
Title 46 RCW: Motor Vehicles
ter, with the primary responsibility to be that of the owner or
lessee.
If the person operating the vehicle at the time of the
unlawful act or omission is not the owner or the lessee of the
vehicle, that person is fully authorized to accept the citation
or notice of infraction and execute the promise to appear on
behalf of the owner or lessee. [1987 c 244 § 36.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.240
46.87.240 Relationship of department with other
jurisdictions. Under the provisions of the IRP, the department may act in a quasi-agency relationship with other jurisdictions. The department may collect and forward applicable
registration fees and taxes and applications to other jurisdictions on behalf of the applicant or another jurisdiction and
may take other action that facilitates the administration of the
plan. [1987 c 244 § 37.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.250
46.87.250 Authority of chapter. This chapter constitutes complete authority for the registration of fleet vehicles
upon a proportional registration basis without reference to or
application of any other statutes of this state except as
expressly provided in this chapter. [1987 c 244 § 38.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.260
46.87.260 Alteration or forgery of cab card or letter
of authority—Penalty. Any person who alters or forges or
causes to be altered or forged any cab card, letter of authority,
or other temporary authority issued by the department under
this chapter or holds or uses a cab card, letter of authority, or
other temporary authority, knowing the document to have
been altered or forged, is guilty of a class B felony punishable
according to chapter 9A.20 RCW. [2003 c 53 § 255; 1987 c
244 § 39.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.290 Refusal, cancellation of application, cab
card—Procedures, penalties. (1) If the department determines at any time that an applicant for proportional registration of a vehicle or a fleet of vehicles is not entitled to a cab
card for a vehicle or fleet of vehicles, the department may
refuse to issue the cab card(s) or to license the vehicle or fleet
of vehicles and may for like reason, after notice, and in the
exercise of discretion, cancel the cab card(s) and license
plate(s) already issued. The department shall send the notice
of cancellation by first class mail, addressed to the owner of
the vehicle in question at the owner's address as it appears in
the proportional registration records of the department, and
record the transmittal on an affidavit of first class mail. It is
then unlawful for any person to remove, drive, or operate the
vehicle(s) until a proper certificate(s) of registration or cab
card(s) has been issued.
(2) Any person removing, driving, or operating the vehicle(s) after the refusal of the department to issue a cab
card(s), certificate(s) of registration, license plate(s), or the
revocation or cancellation of the cab card(s), certificate(s) of
registration, or license plate(s) is guilty of a gross misdemeanor.
(3) At the discretion of the department, a vehicle that has
been moved, driven, or operated in violation of this section
may be impounded by the Washington state patrol, county
sheriff, or city police in a manner directed for such cases by
the chief of the Washington state patrol until proper registration and license plate have been issued. [2003 c 53 § 256;
1997 c 183 § 6; 1987 c 244 § 42.]
46.87.290
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.294 Refusal under federal prohibition. The
department shall refuse to register a vehicle under this chapter if the registrant or motor carrier responsible for the safety
of the vehicle has been prohibited under federal law from
operating by the Federal Motor Carrier Safety Administration. [2003 c 85 § 3.]
46.87.294
46.87.296 Suspension, revocation under federal prohibition. The department shall suspend or revoke the registration of a vehicle registered under this chapter if the registrant or motor carrier responsible for the safety of the vehicle
has been prohibited under federal law from operating by the
Federal Motor Carrier Safety Administration. [2003 c 85 §
4.]
46.87.296
46.87.270
46.87.270 Gross weight on vehicle. Every Washington-based motor vehicle registered under this chapter shall
have the maximum gross weight or maximum combined
gross weight for which the vehicle is licensed in this state,
painted or stenciled in letters or numbers of contrasting color
not less than two inches in height in a conspicuous place on
the right and left sides of the vehicle. It is unlawful for the
owner or operator of any motor vehicle to display a maximum gross weight or maximum combined gross weight other
than that shown on the current cab card of the vehicle. [1990
c 250 § 77; 1987 c 244 § 40.]
Severability—1990 c 250: See note following RCW 46.16.301.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.280
46.87.280 Effect of other registration. Nothing contained in this chapter relating to proportional registration of
fleet vehicles requires any vehicle to be proportionally registered if it is otherwise registered for operation on the highways of this state. [1987 c 244 § 41.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
[Title 46 RCW—page 310]
46.87.300
46.87.300 Appeal of suspension, revocation, cancellation, refusal. The suspension, revocation, cancellation, or
refusal by the director, or the director's designee, of a license
plate(s), certificate(s) of registration, or cab card(s) provided
for in this chapter is conclusive unless the person whose
license plate(s), certificate(s) of registration, or cab card(s) is
suspended, revoked, canceled, or refused appeals to the superior court of Thurston county, or at the person's option if a
resident of Washington, to the superior court of his or her
county of residence, for the purpose of having the suspension, revocation, cancellation, or refusal of the license
plate(s), certificate(s) of registration, or cab card(s) set aside.
Notice of appeal shall be filed within ten calendar days after
(2004 Ed.)
Proportional Registration
service of the notice of suspension, revocation, cancellation,
or refusal. Upon the filing of the appeal, the court shall issue
an order to the director to show cause why the license(s)
should not be granted or reinstated. The director shall
respond to the order within ten days after the date of service
of the order upon the director. Service shall be in the manner
prescribed for service of summons and complaint in other
civil actions. Upon the hearing on the order to show cause,
the court shall hear evidence concerning matters related to the
suspension, revocation, cancellation, or refusal of the license
plate(s), certificate(s) of registration, or cab card(s) and shall
enter judgment either affirming or setting aside the suspension, revocation, cancellation, or refusal. [1987 c 244 § 43.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.310
46.87.310 Application records—Preservation, contents, audit—Additional assessments, penalties, refunds.
Any owner whose application for proportional registration
has been accepted shall preserve the records on which the
application is based for a period of four years following the
preceding year or period upon which the application is based.
These records shall be complete and shall include, but not be
limited to, the following: Copies of proportional registration
applications and supplements for all jurisdictions in which
the fleet is prorated; proof of proportional or full registration
with other jurisdictions; vehicle license or trip permits; temporary authorization permits; documents establishing the latest purchase year and cost of each fleet vehicle in ready-forthe-road condition; weight certificates indicating the unladen,
ready-for-the-road, weight of each vehicle in the fleet; periodic summaries of mileage by fleet and by individual vehicles; individual trip reports, driver's daily logs, or other
source documents maintained for each individual trip that
provide trip dates, points of origin and destinations, total
miles traveled, miles traveled in each jurisdiction, routes
traveled, vehicle equipment number, driver's full name, and
all other information pertinent to each trip. Upon request of
the department, the owner shall make the records available to
the department at its designated office for audit as to accuracy
of records, computations, and payments. The department
shall assess and collect any unpaid fees and taxes found to be
due the state and provide credits or refunds for overpayments
of Washington fees and taxes as determined in accordance
with formulas and other requirements prescribed in this chapter. If the owner fails to maintain complete records as
required by this section, the department shall attempt to
reconstruct or reestablish such records. However, if the
department is unable to do so and the missing or incomplete
records involve mileages accrued by vehicles while they are
part of the fleet, the department may assess an amount not to
exceed the difference between the Washington proportional
fees and taxes paid and one hundred percent of the fees and
taxes. Further, if the owner fails to maintain complete records
as required by this section, or if the department determines
that the owner should have registered more vehicles in this
state under this chapter, the department may deny the owner
the right of any further benefits provided by this chapter until
any final audit or assessment made under this chapter has
been satisfied.
(2004 Ed.)
46.87.330
The department may audit the records of any owner and
may make arrangements with agencies of other jurisdictions
administering motor vehicle registration laws for joint audits
of any such owner. No assessment for deficiency or claim for
credit may be made for any period for which records are no
longer required. Any fees, taxes, penalties, or interest found
to be due and owing the state upon audit shall bear interest at
the rate of one percent per month, or fraction thereof, from
the first day of the calendar month after the amount should
have been paid until the date of payment. If the audit discloses a deliberate and willful intent to evade the requirements of payment under RCW 46.87.140, a penalty of ten
percent shall also be assessed.
If the audit discloses that an overpayment to the state in
excess of ten dollars has been made, the department shall certify the overpayment to the state treasurer who shall issue a
warrant for the overpayment to the vehicle operator. Overpayments shall bear interest at the rate of eight percent per
annum from the date on which the overpayment is incurred
until the date of payment. [1996 c 91 § 2; 1993 c 307 § 15;
1987 c 244 § 44.]
Effective date—1996 c 91: See note following RCW 46.87.150.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.320
46.87.320 Departmental audits, investigations—Subpoenas. The department may initiate and conduct audits and
investigations as may be reasonably necessary to establish
the existence of any alleged violations of or noncompliance
with this chapter or any rules adopted under it.
For the purpose of any audit, investigation, or proceeding under this chapter the director or any designee of the
director may administer oaths and affirmations, subpoena
witnesses, compel their attendance, take evidence, and
require the production of any books, paper, correspondence,
memoranda, agreements, or other documents or records that
the department deems relevant or material to the inquiry.
In case of contumacy or refusal to obey a subpoena
issued to any person, any court of competent jurisdiction
upon application by the department, may issue an order
requiring that person to appear before the director or the
officer designated by the director to produce testimony or
other evidence touching the matter under audit, investigation,
or in question. Failure to obey an order of the court may be
punishable by contempt. [1987 c 244 § 45.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.330
46.87.330 Assessments—When due, penalties—
Reassessment—Petition, notice, service—Injunctions,
writs of mandate restricted. An owner of proportionally
registered vehicles against whom an assessment is made
under RCW 46.87.310 may petition for reassessment thereof
within thirty days after service of notice of the assessment
upon the owner of the proportionally registered vehicles. If
the petition is not filed within the thirty-day period, the
amount of the assessment becomes final at the expiration of
that time period.
If a petition for reassessment is filed within the thirtyday period, the department shall reconsider the assessment
and, if the petitioner has so requested in the petition, shall
grant the petitioner an oral hearing and give the petitioner ten
[Title 46 RCW—page 311]
46.87.335
Title 46 RCW: Motor Vehicles
days notice of the time and place of the hearing. The department may continue the hearing from time to time. The decision of the department upon a petition for reassessment
becomes final thirty days after service upon the petitioner of
notice of the decision.
Every assessment made under RCW 46.87.310 becomes
due and payable at the time it is served on the owner. If the
assessment is not paid in full when it becomes final, the
department shall add a penalty of ten percent of the amount of
the assessment.
Any notice of assessment, reassessment, oral hearing, or
decision required by this section shall be served personally or
by mail. If served by mail, service is deemed to have been
accomplished on the date the notice was deposited in the
United States mail, postage prepaid, addressed to the owner
of the proportionally registered vehicles at the owner's
address as it appears in the proportional registration records
of the department.
No injunction or writ of mandate or other legal or equitable process may be issued in any suit, action, or proceeding in
any court against any officer of the state to prevent or enjoin
the collection under this chapter of any fee or tax or any
amount of fee or tax required to be collected, except as specifically provided for in chapter 34.05 RCW. [1996 c 91 § 3;
1987 c 244 § 46.]
Effective date—1996 c 91: See note following RCW 46.87.150.
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.335
46.87.335 Mitigation of assessments. Except in the
case of violations of filing a false or fraudulent application, if
the department deems mitigation of penalties, fees, and interest to be reasonable and in the best interests of carrying out
the purpose of this chapter, it may mitigate such assessments
upon whatever terms the department deems proper, giving
consideration to the degree and extent of the lack of records
and reporting errors. The department may ascertain the facts
regarding recordkeeping and payment penalties in lieu of
more elaborate proceedings under this chapter. [1994 c 262
§ 15; 1991 c 339 § 5.]
46.87.340
46.87.340 Assessments—Lien for nonpayment. If an
owner of proportionally registered vehicles liable for the
remittance of fees and taxes imposed by this chapter fails to
pay the fees and taxes, the amount thereof, including any
interest, penalty, or addition to the fees and taxes together
with any additional costs that may accrue, constitutes a lien in
favor of the state upon all franchises, property, and rights to
property, whether the property is employed by the person for
personal or business use or is in the hands of a trustee,
receiver, or assignee for the benefit of creditors, from the date
the fees and taxes were due and payable until the amount of
the lien is paid or the property is sold to pay the lien. The lien
has priority over any lien or encumbrance whatsoever, except
the lien of other state taxes having priority by law, and except
that the lien is not valid as against any bona fide mortgagee,
pledgee, judgment creditor, or purchaser whose rights have
attached before the time the department has filed and
recorded notice of the lien as provided in this chapter.
In order to avail itself of the lien created by this section,
the department shall file with any county auditor a statement
[Title 46 RCW—page 312]
of claim and lien specifying the amount of delinquent fees
and taxes, penalties, and interest claimed by the department.
From the time of filing for record, the amount required to be
paid constitutes a lien upon all franchises, property, and
rights to property, whether real or personal, then belonging to
or thereafter acquired by the person in the county. Any lien as
provided in this section may also be filed in the office of the
secretary of state. Filing in the office of the secretary of state
is of no effect, however, until the lien or a copy of it has been
filed with the county auditor in the county where the property
is located. When a lien is filed in compliance with this section
and with the secretary of state, the filing has the same effect
as if the lien had been duly filed for record in the office of
each county auditor of this state. [1993 c 307 § 16; 1987 c
244 § 47.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.350
46.87.350 Delinquent obligations—Notice—Restriction on credits or property—Default judgments—Lien. If
an owner of proportionally registered vehicles for which an
assessment has become final is delinquent in the payment of
an obligation imposed under this chapter, the department may
give notice of the amount of the delinquency by registered or
certified mail to all persons having in their possession or
under their control any credits or other personal property
belonging to the vehicle owner or owing any debts to the
owner, at the time of the receipt by them of the notice. Thereafter, a person so notified shall neither transfer nor make
other disposition of those credits, personal property, or debts
until the department consents to a transfer or other disposition. A person so notified shall, within twenty days after
receipt of the notice, advise the department of any and all
such credits, personal property, or debts in their possession,
under their control or owing by them, as the case may be, and
shall forthwith deliver such credits, personal property, or
debts to the department or its duly authorized representative
to be applied to the indebtedness involved.
If a person fails to answer the notice within the time prescribed by this section, it is lawful for the court upon application of the department and after the time to answer the notice
has expired, to render judgment by default against the person
for the full amount claimed by the department in the notice to
withhold and deliver, together with costs.
Upon service, the notice and order to withhold and
deliver constitutes a continuing lien on property of the taxpayer. The department shall include in the caption of the
notice to withhold and deliver "continuing lien." The effective date of a notice to withhold and deliver served under this
section is the date of service of the notice. [1994 c 262 § 16;
1987 c 244 § 48.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.360
46.87.360 Delinquent obligations—Collection by
department—Seizure of property, notice, sale. Whenever
the owner of proportionally registered vehicles is delinquent
in the payment of an obligation imposed under this chapter,
and the delinquency continues after notice and demand for
payment by the department, the department may proceed to
collect the amount due from the owner in the following manner: The department shall seize any property subject to the
(2004 Ed.)
Proportional Registration
lien of the fees, taxes, penalties, and interest and sell it at public auction to pay the obligation and any and all costs that
may have been incurred because of the seizure and sale.
Notice of the intended sale and its time and place shall be
given to the delinquent owner and to all persons appearing of
record to have an interest in the property. The notice shall be
given in writing at least ten days before the date set for the
sale by registered or certified mail addressed to the owner as
appearing in the proportional registration records of the
department and, in the case of any person appearing of record
to have an interest in such property, addressed to that person
at their last known residence or place of business. In addition,
the notice shall be published at least ten days before the date
set for the sale in a newspaper of general circulation published in the county in which the property seized is to be sold.
If there is no newspaper in the county, the notice shall be
posted in three public places in the county for a period of ten
days. The notice shall contain a description of the property to
be sold, a statement of the amount due under this chapter, the
name of the owner of the proportionally registered vehicles,
and the further statement that unless the amount due is paid
on or before the time fixed in the notice the property will be
sold in accordance with law.
The department shall then proceed to sell the property in
accordance with law and the notice, and shall deliver to the
purchaser a bill of sale or deed that vests title in the purchaser. If upon any such sale the moneys received exceed the
amount due to the state under this chapter from the delinquent
owner, the excess shall be returned to the delinquent owner
and his receipt obtained for it. The department may withhold
payment of the excess to the delinquent owner if a person
having an interest in or lien upon the property has filed with
the department their notice of the lien or interest before the
sale, pending determination of the rights of the respective
parties thereto by a court of competent jurisdiction. If for any
reason the receipt of the delinquent owner is not available,
the department shall deposit the excess with the state treasurer as trustee for the delinquent owner. [1987 c 244 § 49.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.370
46.87.370 Warrant for final assessments—Lien on
property. Whenever any assessment has become final in
accordance with this chapter, the department may file with
the clerk of any county within this state a warrant in the
amount of fees, taxes, penalties, interest, and a filing fee
under RCW 36.18.012(10). The clerk of the county in which
the warrant is filed shall immediately designate a superior
court cause number for the warrant, and the clerk shall cause
to be entered in the judgment docket under the superior court
cause number assigned to the warrant the name of the delinquent owner of proportionally registered vehicles mentioned
in the warrant, the amount of the fees, taxes, penalties, interest, and filing fee, and the date when the warrant was filed.
The aggregate amount of the warrant as docketed constitutes
a lien upon the title to, and interest in, all real and personal
property of the named person against whom the warrant is
issued, the same as a judgment in a civil case duly docketed
in the office of the clerk. A warrant so docketed is sufficient
to support the issuance of writs of execution and writs of garnishment in favor of the state in the manner provided by law
(2004 Ed.)
46.87.901
in the case of civil judgment wholly or partially unsatisfied.
The clerk of the court is entitled to a filing fee under RCW
36.18.012(10), which shall be added to the amount of the
warrant. [2001 c 146 § 6; 1987 c 244 § 50.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.380 Delinquent obligations—Collection by
attorney general. Whenever an owner of proportionally registered vehicles is delinquent in the payment of an obligation
under this chapter the department may transmit notices of the
delinquency to the attorney general who shall at once proceed
to collect by appropriate legal action the amount due the state
from the delinquent owner.
In a suit brought to enforce the rights of the state under
this chapter, a certificate by the department showing the
delinquency is prima facie evidence of the amount of the
obligation, of the delinquency thereof, and of compliance by
the department with all provisions of this chapter relating to
the obligation. [1987 c 244 § 51.]
46.87.380
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.390
46.87.390 Remedies cumulative. The remedies of the
state in this chapter are cumulative, and no action taken by
the department may be construed to be an election on the part
of the state or any of its officers to pursue any remedy under
this chapter to the exclusion of any other remedy provided for
in this chapter. [1987 c 244 § 52.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.400
46.87.400 Civil immunity. (1) The director, the state of
Washington, and its political subdivisions are immune from
civil liability arising from the issuance of a vehicle license to
a nonroadworthy vehicle.
(2) No suit or action may be commenced or prosecuted
against the director or the state of Washington by reason of
any act done or omitted to be done in the administration of the
duties and responsibilities imposed upon the director under
this chapter. [1987 c 244 § 53.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
46.87.410
46.87.410 Bankruptcy proceedings—Notice. A proportional registration licensee, who files or against whom is
filed a petition in bankruptcy, shall, within ten days of the filing, notify the department of the proceedings in bankruptcy,
including the identity and location of the court in which the
proceedings are pending. [1997 c 183 § 1.]
46.87.900
46.87.900 Severability—1985 c 380. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 380 § 26.]
46.87.901
46.87.901 Effective date—1986 c 18; 1985 c 380.
Chapter 380, Laws of 1985 and this 1986 act shall take effect
on January 1st 1987. The new fees required by RCW
46.16.070, *46.16.080, 46.16.090, and 46.16.085 shall be
assessed beginning with the renewal of vehicle registrations
with a December 1986 expiration date or later and all initial
registrations that become effective on or after January 1,
[Title 46 RCW—page 313]
46.87.910
Title 46 RCW: Motor Vehicles
1987. The director of the department of licensing may immediately take such steps as are necessary to insure that this act
is implemented on its effective date. [1986 c 18 § 27; 1985 c
380 § 25.]
*Reviser's note: RCW 46.16.080 was repealed by 1994 c 262 § 28,
effective July 1, 1994.
46.87.910
46.87.910 Short title. This chapter may be known and
cited as "Proportional Registration." [1987 c 244 § 54.]
Effective dates—1987 c 244: See note following RCW 46.12.020.
Chapter 46.88
Chapter 46.88 RCW
OUT-OF-STATE COMMERCIAL VEHICLES—
INTRASTATE PERMITS
Sections
46.88.010
Commercial vehicles registered in another state—Permits for
intrastate operations.
46.88.010
46.88.010 Commercial vehicles registered in another
state—Permits for intrastate operations. The owner of
any commercial vehicle or vehicles lawfully registered in
another state and who wishes to use such vehicle or vehicles
in this state in intrastate operations for periods less than a
year may obtain permits for such operations upon application
to the department. Such permits may be issued for thirty,
sixty, or ninety day periods. The cost of each such permit
shall be one-twelfth of the fees provided for in RCW
46.16.070 or 46.16.085, as appropriate, and *82.44.020 for
each thirty days' operations provided for in the permit. [1986
c 18 § 25; 1979 c 158 § 202; 1969 ex.s. c 281 § 32.]
*Reviser's note: RCW 82.44.020 was repealed by 2000 1st sp.s. c 1 §
2.
Effective date—1986 c 18: See RCW 46.87.901.
Effective date—1969 ex.s. c 281: "This 1969 amendatory act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing public institutions, and
except for sections 32 and 54 of this 1969 amendatory act shall take effect
immediately. Sections 32 and 54 of this 1969 amendatory act shall take
effect January 1, 1970." [1969 ex.s. c 281 § 63.]
Chapter 46.90
Chapter 46.90 RCW
WASHINGTON MODEL TRAFFIC ORDINANCE
Sections
46.90.005
46.90.010
Purpose.
Adoption of model traffic ordinance—Amendments.
46.90.005
46.90.005 Purpose. The purpose of this chapter is to
encourage highway safety and uniform traffic laws by authorizing the department of licensing to adopt a comprehensive
compilation of sound, uniform traffic laws to serve as a guide
which local authorities may adopt by reference or any part
thereof, including all future amendments or additions thereto.
Any local authority which adopts that body of rules by reference may at any time exclude any section or sections of those
rules that it does not desire to include in its local traffic ordinance. The rules are not intended to deny any local authority
its legislative power, but rather to enhance safe and efficient
movement of traffic throughout the state by having current,
[Title 46 RCW—page 314]
uniform traffic laws available. [1993 c 400 § 1; 1975 1st ex.s.
c 54 § 1.]
Effective dates—1993 c 400: "(1) Sections 3 through 5 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [May 15, 1993].
(2) Sections 1 and 2 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government
and its existing public institutions, and shall take effect July 1, 1993.
(3) Section 6 of this act takes effect July 1, 1994." [1993 c 400 § 7.]
46.90.010
46.90.010 Adoption of model traffic ordinance—
Amendments. In consultation with the chief of the Washington state patrol and the traffic safety commission, the
director shall adopt in accordance with chapter 34.05 RCW a
model traffic ordinance for use by any city, town, or county.
The addition of any new section to, or amendment or repeal
of any section in, the model traffic ordinance is deemed to
amend any city, town, or county, ordinance which has
adopted by reference the model traffic ordinance or any part
thereof, and it shall not be necessary for the legislative
authority of any city, town, or county to take any action with
respect to such addition, amendment, or repeal notwithstanding the provisions of RCW 35.21.180, 35A.12.140,
35A.13.180, and 36.32.120(7). [1993 c 400 § 2; 1975 1st
ex.s. c 54 § 2.]
Effective dates—1993 c 400: See note following RCW 46.90.005.
Chapter 46.93 RCW
MOTORSPORTS VEHICLES—DEALER AND
MANUFACTURER FRANCHISES
Chapter 46.93
Sections
46.93.010
46.93.020
46.93.030
46.93.040
46.93.050
46.93.060
46.93.070
46.93.080
46.93.090
46.93.100
46.93.110
46.93.120
46.93.130
46.93.140
46.93.150
46.93.160
46.93.170
46.93.180
46.93.190
46.93.200
46.93.900
46.93.901
Findings—Intent.
Definitions.
Termination, cancellation, nonrenewal of franchise restricted.
Determination of good cause, good faith—Petition, notice,
decision, appeal.
Determination of good cause, good faith—Hearing, decision,
procedures—Judicial review.
Good cause, what constitutes—Burden of proof.
Notice of termination, cancellation, or nonrenewal.
Payments by manufacturer to dealer for inventory, equipment,
etc.
Mitigation of damages.
Warranty work.
Designated successor to franchise ownership.
Relevant market area—New or relocated dealerships, notice
of.
Protest of new or relocated dealership—Hearing—Arbitration.
Factors considered by administrative law judge.
Hearing—Procedures, costs, appeal.
Relocation requirements—Exceptions.
Unfair practices.
Sale, transfer, or exchange of franchise.
Petition and hearing filing fees, costs, security.
Department defining additional motorsports vehicles.
Severability.
Captions not law.
46.93.010
46.93.010 Findings—Intent. The legislature finds and
declares that the distribution and sale of motorsports vehicles
in this state vitally affect the general economy of the state and
the public interest and public welfare, that provision for warranty service to motorsports vehicles is of substantial concern
to the people of this state, that the maintenance of fair competition among dealers and others is in the public interest, and
that the maintenance of strong and sound dealerships is
(2004 Ed.)
Motorsports Vehicles—Dealer and Manufacturer Franchises
essential to provide continuing and necessary reliable services to the consuming public in this state and to provide stable employment to the citizens of this state. The legislature
further finds that there is a substantial disparity in bargaining
power between motorsports vehicle manufacturers and their
dealers, and that in order to promote the public interest and
the public welfare, and in the exercise of its police power, it
is necessary to regulate the relationship between motorsports
vehicle dealers and motorsports vehicle manufacturers,
importers, distributors, and their representatives doing business in this state, not only for the protection of dealers but
also for the benefit for the public in assuring the continued
availability and servicing of motorsports vehicles sold to the
public.
The legislature recognizes it is in the best interest for
manufacturers and dealers of motorsports vehicles to conduct
business with each other in a fair, efficient, and competitive
manner. The legislature declares the public interest is best
served by dealers being assured of the ability to manage their
business enterprises under a contractual obligation with manufacturers where dealers do not experience unreasonable
interference and are assured of the ability to transfer ownership of their business without undue constraints. It is the
intent of the legislature to impose a regulatory scheme and to
regulate competition in the motorsports vehicle industry to
the extent necessary to balance fairness and efficiency.
These actions will permit motorsports vehicle dealers to better serve consumers and allow dealers to devote their best
competitive efforts and resources to the sale and services of
the manufacturer's products to consumers. [2003 c 354 § 1.]
46.93.020 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Director" means the director of the department of
licensing.
(3) "Franchise" means one or more agreements, whether
oral or written, between a manufacturer and a new motorsports vehicle dealer, under which the new motorsports vehicle dealer is authorized to sell, service, and repair new motorsports vehicles, parts, and accessories under a common name,
trade name, trademark, or service mark of the manufacturer.
"Franchise" includes an oral or written contract and
includes a dealer agreement, either expressed or implied,
between a manufacturer and a new motorsports vehicle
dealer that purports to fix the legal rights and liabilities
between the parties and under which (a) the dealer is granted
the right to purchase and resell motorsports vehicles manufactured, distributed, or imported by the manufacturer; (b) the
dealer's business is associated with the trademark, trade
name, commercial symbol, or advertisement designating the
franchisor or the products distributed by the manufacturer;
and (c) the dealer's business relies on the manufacturer for a
continued supply of motorsports vehicles, parts, and accessories.
(4) "Good faith" means honesty in fact and fair dealing in
the trade as defined and interpreted in RCW 62A.2-103.
(5) "Designated successor" means:
(a) The spouse, biological or adopted child, grandchild,
parent, brother, or sister of the owner of a new motorsports
vehicle dealership who, in the case of the owner's death, is
46.93.020
(2004 Ed.)
46.93.020
entitled to inherit the ownership interest in the new motorsports vehicle dealership under the terms of the owner's will
or similar document, and if there is no such will or similar
document, then under applicable intestate laws;
(b) A qualified person experienced in the business of a
new motorsports vehicle dealer who has been nominated by
the owner of a new motorsports vehicle dealership as the successor in a written, notarized, and witnessed instrument submitted to the manufacturer; or
(c) In the case of an incapacitated owner of a new motorsports vehicle dealership, the person who has been appointed
by a court as the legal representative of the incapacitated
owner's property.
(6) "Manufacturer" means a person, firm, association,
corporation, or trust, resident or nonresident, who manufactures or assembles new and unused motorsports vehicles or
remanufactures motorsports vehicles in whole or in part and
further includes the terms:
(a) "Distributor," which means a person, firm, association, corporation, or trust, resident or nonresident, who in
whole or in part offers for sale, sells, or distributes new and
unused motorsports vehicles to vehicle dealers or who maintains factory representatives.
(b) "Factory branch," which means a branch office maintained by a manufacturer for the purpose of selling or offering
for sale, motorsports vehicles to a distributor, wholesaler, or
vehicle dealer, or for directing or supervising in whole or in
part factory or distributor representatives, and further
includes a sales promotion organization, whether a person,
firm, or corporation, that is engaged in promoting the sale of
new and unused motorsports vehicles in this state of a particular brand or make to vehicle dealers.
(c) "Factory representative," which means a representative employed by a manufacturer, distributor, or factory
branch for the purpose of making or promoting for the sale of
their motorsports vehicles or for supervising or contracting
with their dealers or prospective dealers.
(7) "Motorsports vehicle" means a motorcycle as defined
in RCW 46.04.330; a moped as defined in RCW 46.04.304; a
motor-driven cycle as defined in RCW 46.04.332; a personal
watercraft as defined in RCW 79A.60.010; a snowmobile as
defined in RCW 46.10.010; a four-wheel, all-terrain vehicle;
and any other motorsports vehicle defined under RCW
46.93.200 by the department that is otherwise not subject to
chapter 46.96 RCW.
(8) "New motorsports vehicle dealer" or "dealer" means
a person engaged in the business of buying, selling, exchanging, or otherwise dealing in new motorsports vehicles or new
and used motorsports vehicles at an established place of business under a franchise, sales and service agreement, or any
other contract with a manufacturer of any one or more types
of new motorsports vehicles. The term does not include a
miscellaneous vehicle dealer as defined in RCW 46.70.011.
(9) "Owner" means a person holding an ownership interest in the business entity operating as a new motorsports vehicle dealer and who is the designated dealer in the new motorsports vehicle franchise agreement.
(10) "Person" means a natural person, partnership, stock
company, corporation, trust, agency, or any other legal entity,
as well as any individual officers, directors, or other persons
in active control of the activities of the entity.
[Title 46 RCW—page 315]
46.93.030
Title 46 RCW: Motor Vehicles
(11) "Place of business" means a permanent, enclosed
commercial building, situated within this state, and the real
property on which it is located, at which the business of a
motorsports vehicle dealer, including the display and repair
of motorsports vehicles, may be lawfully conducted in accordance with the terms of all applicable laws and at which the
public may contact the motorsports vehicle dealer and
employees at all reasonable times.
(12) "Relevant market area" is defined as follows:
(a) If the population in the county in which the existing,
proposed new, or relocated dealership is located or is to be
located is four hundred thousand or more, the relevant market
area is the geographic area within the radius of ten miles
around the existing, proposed new, or relocated place of business for the dealership;
(b) If the population in the county in which the existing,
proposed new, or relocated dealership is to be located is two
hundred thousand or more and less than four hundred thousand, the relevant market area is the geographic area within a
radius of twelve miles around the existing, proposed new, or
relocated place of business for the dealership;
(c) If the population in the county in which the existing,
proposed new, or relocated dealership is to be located is less
than two hundred thousand, the relevant market area is the
geographic area within a radius of twenty miles around the
existing, proposed new, or relocated place of business for the
dealership;
(d) In determining population for this definition, the
most recent census by the United States Bureau of Census or
the most recent population update, either from the National
Planning Data Corporation or other similar recognized
source, will be accumulated for all census tracts either wholly
or partially within the relevant market area. [2003 c 354 § 2.]
46.93.030
46.93.030 Termination, cancellation, nonrenewal of
franchise restricted. Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, no manufacturer may terminate, cancel, or fail to renew a franchise with
a new motorsports vehicle dealer, unless the manufacturer
has complied with the notice requirements of RCW
46.93.070 and an administrative law judge has determined, if
requested in writing by the dealer within forty-five days of
receiving a notice from a manufacturer, after hearing, that
there is good cause for the termination, cancellation, or nonrenewal of the franchise and that the manufacturer has acted
in good faith regarding the termination, cancellation, or nonrenewal. [2003 c 354 § 3.]
46.93.040
46.93.040 Determination of good cause, good faith—
Petition, notice, decision, appeal. A new motorsports vehicle dealer who has received written notification from the
manufacturer of the manufacturer's intent to terminate, cancel, or not renew the franchise, may file a petition with the
department for a determination as to the existence of good
cause and good faith for the termination, cancellation, or nonrenewal of a franchise. The petition must contain a short
statement setting forth the reasons for the dealer's objection
to the termination, cancellation, or nonrenewal of the franchise. Upon the filing of the petition and the receipt of the filing fee, the department shall promptly notify the manufac[Title 46 RCW—page 316]
turer that a timely petition has been filed and shall request the
appointment of an administrative law judge under chapter
34.12 RCW to conduct a hearing. The franchise in question
continues in full force and effect pending the administrative
law judge's decision. If the decision of the administrative law
judge terminating, canceling, or failing to renew a dealer's
franchise is appealed by a dealer or manufacturer, the franchise continues in full force and effect until all appeals to a
superior court or any appellate court have been completed.
Nothing in this section precludes a manufacturer or dealer
from petitioning the superior court for a stay or other relief
pending judicial review. [2003 c 354 § 4.]
46.93.050
46.93.050 Determination of good cause, good faith—
Hearing, decision, procedures—Judicial review. (1) The
administrative law judge shall conduct the hearing and render
a final decision as expeditiously as possible, but in any event
not later than one hundred eighty days after a petition is filed.
If the termination, cancellation, or nonrenewal is under RCW
46.93.070(2), the administrative law judge shall give the proceeding priority consideration and shall render a final decision not later than sixty days after a petition is filed.
(2) The administrative law judge shall conduct the hearing as an adjudicative proceeding in accordance with the procedures provided for in the Administrative Procedure Act,
chapter 34.05 RCW. The administrative law judge shall render the final decision and shall enter a final order. Except as
otherwise provided in RCW 34.05.446 and 34.05.449, all
hearing costs must be borne on an equal basis by the parties
to the hearing.
(3) A party to a hearing under this chapter may be represented by counsel. A party to a hearing aggrieved by the final
order of the administrative law judge concerning the termination, cancellation, or nonrenewal of a franchise may seek
judicial review of the order in the superior court or appellate
court in the manner provided for in RCW 34.05.510 through
34.05.598. A petitioner for judicial review need not exhaust
all administrative appeals or administrative review processes
as a prerequisite for seeking judicial review under this section. [2003 c 354 § 5.]
46.93.060
46.93.060 Good cause, what constitutes—Burden of
proof. (1) Notwithstanding the terms of a franchise or the
terms of a waiver, and except as otherwise provided in RCW
46.93.070(2) (a) through (d), good cause exists for termination, cancellation, or nonrenewal of a franchise when there is
a failure by the dealer to comply with a provision of the franchise that is both reasonable and of material significance to
the franchise relationship, if the dealer was notified of the
failure within one hundred eighty days after the manufacturer
first acquired knowledge of the failure, and the dealer did not
correct the failure after being requested to do so.
If, however, the failure of the dealer relates to the performance of the dealer in sales, service, or level of customer satisfaction, good cause is the failure of the dealer to comply
with reasonable performance standards determined by the
manufacturer in accordance with uniformly applied criteria,
and:
(a) The dealer was advised, in writing, by the manufacturer of the failure;
(2004 Ed.)
Motorsports Vehicles—Dealer and Manufacturer Franchises
(b) The notice under this subsection stated that notice
was provided of a failure of performance under this section;
(c) The manufacturer provided the dealer with specific,
reasonable goals or reasonable performance standards with
which the dealer must comply, together with a suggested
timetable or program for attaining those goals or standards,
and the dealer was given a reasonable opportunity, for a
period of not more than ninety days, to comply with the goals
or standards; and
(d) The dealer did not substantially comply with the
manufacturer's performance standards during that period and
the failure to demonstrate substantial compliance was not due
to market or economic factors within the dealer's relevant
market area that were beyond the control of the dealer.
(2) The manufacturer has the burden of proof of establishing good cause and good faith for the termination, cancellation, or nonrenewal of the franchise under this section.
[2003 c 354 § 6.]
46.93.070
46.93.070 Notice of termination, cancellation, or nonrenewal. Before the termination, cancellation, or nonrenewal of a franchise, the manufacturer shall give written notification to both the department and the dealer. The notice
must be by certified mail or personally delivered to the new
motorsports vehicle dealer and must state the intention to terminate, cancel, or not renew the franchise, the reasons for the
termination, cancellation, or nonrenewal, and the effective
date of the termination, cancellation, or nonrenewal. The
notice must be given:
(1) Not less than ninety days, which runs concurrently
with the ninety-day period provided in RCW
46.93.060(1)(c), before the effective date of the termination,
cancellation, or nonrenewal;
(2) Not less than fifteen days before the effective date of
the termination, cancellation, or nonrenewal with respect to
any of the following that constitute good cause for termination, cancellation, or nonrenewal:
(a) Insolvency of the dealer or the filing of any petition
by or against the dealer under bankruptcy or receivership law;
(b) Failure of the dealer to conduct sales and service
operations during customary business hours for seven consecutive business days, except for acts of God or circumstances beyond the direct control of the dealer;
(c) Conviction of the dealer, or principal operator of the
dealership, of a felony punishable by imprisonment; or
(d) Suspension or revocation of a license that the dealer
is required to have to operate the dealership where the suspension or revocation is for a period in excess of thirty days;
(3) Not less than one hundred eighty days before the
effective date of termination, cancellation, or nonrenewal,
where the manufacturer intends to discontinue sale and distribution of the new motorsports vehicle line. [2003 c 354 § 7.]
46.93.080
46.93.080 Payments by manufacturer to dealer for
inventory, equipment, etc. (1) Upon the termination, cancellation, or nonrenewal of a franchise by the manufacturer
under this chapter, the manufacturer shall pay the dealer, at a
minimum:
(a) Dealer cost, less all allowances paid or credited to the
dealer by the manufacturer, of unused, undamaged, and
(2004 Ed.)
46.93.100
unsold new motorsports vehicles in the dealer's inventory that
were acquired from the manufacturer or another dealer of the
same line make;
(b) Dealer cost for all unused, undamaged, and unsold
supplies, parts, and accessories in original packaging, except
that in the case of sheet metal, a comparable substitute for
original packaging may be used, if the supply, part, or accessory was acquired from the manufacturer or from another
dealer ceasing operations as a part of the dealer's initial
inventory, as long as the supplies, parts, and accessories
appear in the manufacturer's current parts catalog, list, or current offering;
(c) Dealer cost for all unused, undamaged, and unsold
inventory, whether vehicles, parts, or accessories, the purchase of which was required by the manufacturer;
(d) The fair market value of each undamaged sign owned
by the dealer that bears a common name, trade name, or
trademark of the manufacturer, if acquisition of the sign was
recommended or required by the manufacturer and the sign is
in good and usable condition less reasonable wear and tear,
and has not been depreciated by the dealer more than fifty
percent of the value of the sign; and
(e) The fair market value of all special tools owned or
leased by the dealer that were acquired from the manufacturer
or persons approved by the manufacturer, and that were
required by the manufacturer, and are in good and usable
condition, less reasonable wear and tear. However, if the
tools are leased by the dealer, the manufacturer shall pay the
dealer such amounts that are required by the lessor to terminate the lease under the terms of the lease agreement.
(2) To the extent the franchise agreement provides for
payment or reimbursement to the dealer in excess of that
specified in this section, the provisions of the franchise agreement will control.
(3) The manufacturer shall pay the dealer the sums specified in subsection (1) of this section within ninety days after
the tender of the property, if the dealer has clear title to the
property and is in a position to convey that title to the manufacturer. [2003 c 354 § 8.]
46.93.090
46.93.090 Mitigation of damages. RCW 46.93.030
through 46.93.080 do not relieve a dealer from the obligation
to mitigate the dealer's damages upon termination, cancellation, or nonrenewal of the franchise. [2003 c 354 § 9.]
46.93.100
46.93.100 Warranty work. (1) Each manufacturer
shall specify in its franchise agreement, or in a separate written agreement, with each of its dealers licensed in this state,
the dealer's obligation to perform warranty work or service
on the manufacturer's products. Each manufacturer shall provide each of its dealers with a schedule of compensation to be
paid to the dealer for any warranty work or service, including
parts, labor, and diagnostic work, required of the dealer by
the manufacturer in connection with the manufacturer's products, and for work on and preparation of motorsports vehicles
received from the manufacturer. The compensation may not
be less than the rates reasonably charged by the dealer for like
services and parts to retail customers. The compensation
may not be reduced by the manufacturer for any reason or
[Title 46 RCW—page 317]
46.93.110
Title 46 RCW: Motor Vehicles
made conditional on an activity outside the performance of
warranty work.
(2) All claims for warranty work for parts and labor
made by dealers under this section must be paid by the manufacturer within thirty days after approval, and must be
approved or denied within thirty days of receipt by the manufacturer. Denial of a claim must be in writing with the specific grounds for denial. The manufacturer may audit claims
for warranty work and charge the dealer for any unsubstantiated, incorrect, or false claims for a period of one year after
payment. However, the manufacturer may audit and charge
the dealer for any fraudulent claims during any period for
which an action for fraud may be commenced under applicable state law.
(3) All claims submitted by dealers on the forms and in
the manner specified by the manufacturer must be either
approved or disapproved within thirty days after their receipt.
The manufacturer shall notify the dealer in writing of a disapproved claim, and shall set forth the reasons why the claim
was not approved. A claim not specifically disapproved in
writing within thirty days after receipt is approved, and the
manufacturer is required to pay that claim within thirty days
of receipt of the claim. [2003 c 354 § 10.]
46.93.110 Designated successor to franchise ownership. (1) Notwithstanding the terms of a franchise, an owner
may appoint a designated successor to succeed to the ownership of the dealer franchise upon the owner's death or incapacity.
(2) Notwithstanding the terms of a franchise, a designated successor of a deceased or incapacitated owner of a
dealer franchise may succeed to the ownership interest of the
owner under the existing franchise, if:
(a) In the case of a designated successor who meets the
d e f i n it i o n o f a d e s i g n a t e d s u c c e s s o r u n d e r R C W
46.93.020(5), but who is not experienced in the business of a
new motorsports vehicle dealer, the person will employ an
individual who is qualified and experienced in the business of
a new motorsports vehicle dealer to help manage the day-today operations of the dealership; or in the case of a designated successor who meets the definition of a designated successor under RCW 46.93.020(5) (b) or (c), the person is qualified and experienced in the business of a new motorsports
vehicle dealer and meets the normal, reasonable, and uniformly applied standards for grant of an application as a
dealer by the manufacturer; and
(b) The designated successor furnishes written notice to
the manufacturer of his or her intention to succeed to the
ownership of the dealership within sixty days after the
owner's death or incapacity; and
(c) The designated successor agrees to be bound by all
terms and conditions of the franchise.
(3) The manufacturer may request, and the designated
successor shall promptly provide, such personal and financial
information as is reasonably necessary to determine whether
the succession should be honored.
(4) A manufacturer may refuse to honor the succession
to the ownership of a dealer franchise by a designated successor if the manufacturer establishes that good cause exists for
its refusal to honor the succession. If the designated successor of a deceased or incapacitated owner of a dealer franchise
46.93.110
[Title 46 RCW—page 318]
fails to meet the requirements set forth in subsection (2)(a),
(b), and (c) of this section, good cause for refusing to honor
the succession is presumed to exist. If a manufacturer
believes that good cause exists for refusing to honor the succession to the ownership of a dealer franchise by a designated
successor, the manufacturer shall serve written notice on the
designated successor and on the department of its refusal to
honor the succession no earlier than sixty days from the date
the notice is served. The notice must be served not later than
sixty days after the manufacturer's receipt of:
(a) Notice of the designated successor's intent to succeed
to the ownership interest of the dealer's franchise; or
(b) Any personal or financial information requested by
the manufacturer.
(5) The notice in subsection (4) of this section must state
the specific grounds for the refusal to honor the succession.
If the notice of refusal is not timely and properly served, the
designated successor may continue the franchise in full force
and effect, subject to termination only as otherwise provided
under this chapter.
(6) Within twenty days after receipt of the notice, or
within twenty days after the end of any appeal procedure provided by the manufacturer, whichever is greater, the designated successor may file a petition with the department protesting the refusal to honor the succession. The petition must
contain a short statement setting forth the reasons for the designated successor's protest. Upon the filing of a protest and
the receipt of the filing fee, the department shall promptly
notify the manufacturer that a timely protest has been filed
and shall request the appointment of an administrative law
judge under chapter 34.12 RCW to conduct a hearing. The
manufacturer may not terminate or otherwise discontinue the
existing franchise until the administrative law judge has held
a hearing and has determined that there is good cause for
refusing to honor the succession. If an appeal is taken, the
manufacturer may not terminate or discontinue the franchise
until all appeals to a superior court or any appellate court
have been completed. Nothing in this section precludes a
manufacturer or dealer from petitioning the superior court for
a stay or other relief pending judicial review.
(7) The manufacturer has the burden of proof to show
that good cause exists for the refusal to honor the succession.
(8) The administrative law judge shall conduct the hearing and render a final decision as expeditiously as possible,
but in any event not later than one hundred eighty days after
a protest is filed.
(9) The administrative law judge shall conduct a hearing
concerning the refusal to the succession as provided in RCW
46.93.050(2), and all hearing costs must be borne as provided
in that subsection. A party to such a hearing aggrieved by the
final order of the administrative law judge may appeal as provided and allowed in RCW 46.93.050(3).
(10) This section does not preclude the owner of a dealer
franchise from designating any person as his or her successor
by a written, notarized, and witnessed instrument filed with
the manufacturer. In the event of a conflict between this section and such a written instrument that has not been revoked
by written notice from the owner to the manufacturer, the
written instrument governs. [2003 c 354 § 11.]
(2004 Ed.)
Motorsports Vehicles—Dealer and Manufacturer Franchises
46.93.120
46.93.120 Relevant market area—New or relocated
dealerships, notice of. Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, if a manufacturer intends or proposes to enter into a franchise to establish an additional dealer or to relocate an existing dealer
within or into a relevant market area in which the same line
make of motorsports vehicle is then represented, the manufacturer shall provide at least ten days advance written notice
to the department and to each dealer of the same line make in
the relevant market area, of the manufacturer's intention to
establish an additional dealer or to relocate an existing dealer
within or into the relevant market area. The notice must be
sent by certified mail to each such party and include the following information:
(1) The specific location at which the additional or relocated dealer will be established;
(2) The date on or after which the additional or relocated
dealer intends to commence business at the proposed location;
(3) The identity of all dealers who are franchised to sell
the same line make vehicles as the proposed dealer and who
have licensed locations within the relevant market area;
(4) The names and addresses, if available, of the owners
of and principal investors in the proposed additional or relocated dealership; and
(5) The specific grounds or reasons for the proposed
establishment of an additional dealer or relocation of an
existing dealer. [2003 c 354 § 12.]
46.93.130
46.93.130 Protest of new or relocated dealership—
Hearing—Arbitration. (1) Within thirty days after receipt
of the notice under RCW 46.93.120, or within thirty days
after the end of an appeal procedure provided by the manufacturer, whichever is greater, a dealer notified or entitled to
notice may file a petition with the department protesting the
proposed establishment or relocation. The petition must contain a short statement setting forth the reasons for the dealer's
objection to the proposed establishment or relocation. Upon
the filing of a protest and the receipt of the filing fee, the
department shall promptly notify the manufacturer that a
timely protest has been filed and shall request the appointment of an administrative law judge under chapter 34.12
RCW to conduct a hearing. The manufacturer may not establish or relocate the dealer until the administrative law judge
has held a hearing and administrative proceeding under the
Administrative Procedure Act, chapter 34.05 RCW, and has
determined that there is good cause for permitting the proposed establishment or relocation. When more than one protest is filed against the establishment or relocation of the
same dealer, the administrative law judge shall consolidate
the hearings to expedite disposition of the matter.
(2) If a manufacturer provides in the franchise agreement
or by written statement distributed and provided to its dealers
for arbitration under the Washington Arbitration Act, chapter
7.04 RCW, as a mechanism for resolving disputes relating to
the establishment of an additional new motorsports vehicle
dealer or the relocation of a new motorsports vehicle dealer,
subsection (1) of this section and RCW 46.93.140 will take
precedence and the arbitration provision in the franchise
agreement or a written statement is void, unless the manufacturer and dealer agree to use arbitration.
(2004 Ed.)
46.93.140
(3) If the manufacturer and dealer agree to use arbitration, the dispute must be referred for arbitration to such arbitrator as may be agreed upon by the parties to the dispute.
The thirty-day period for filing a protest under subsection (1)
of this section still applies except the protesting dealer shall
file the protest with the manufacturer. If the parties cannot
agree upon a single arbitrator within thirty days from the date
the protest is filed, the protesting dealer will select an arbitrator, the manufacturer will select an arbitrator, and the two
arbitrators will then select a third arbitrator. If a third arbitrator is not agreed upon within thirty days, any party may apply
to the superior court, and the judge of the superior court having jurisdiction will appoint the third arbitrator. The protesting dealer will pay the arbitrator selected by him or her, and
the manufacturer will pay the arbitrator it selected. The
expense of the third arbitrator and all other expenses of arbitration will be shared equally by the parties. Attorneys' fees
and fees paid to expert witnesses are not expenses of arbitration and will be paid by the person incurring them.
(4) Notwithstanding the terms of a franchise or written
statement of the manufacturer and notwithstanding the terms
of a waiver, the arbitration will take place in this state in the
county where the protesting dealer has its principal place of
business. RCW 46.93.140 applies to a determination made
by the arbitrator or arbitrators in determining whether good
cause exists for permitting the proposed establishment or
relocation of a dealer, and the manufacturer has the burden of
proof to establish that good cause exists for permitting the
proposed establishment or relocation. After a hearing has
been held, the arbitrator or arbitrators shall render a decision
as expeditiously as possible, but in any event not later than
one hundred twenty days from the date the arbitrator or arbitrators are selected or appointed. The manufacturer may not
establish or relocate the new motorsports vehicle dealer until
the arbitration hearing has been held and the arbitrator or
arbitrators have determined that there is good cause for permitting the proposed establishment or relocation and any
judicial appeals under chapter 7.04 RCW have been completed. The written decision of the arbitrator is binding upon
the parties unless modified, corrected, or vacated under the
Washington Arbitration Act. Any party may appeal the decision of the arbitrator or arbitrators under the Washington
Arbitration Act, chapter 7.04 RCW. [2003 c 354 § 13.]
46.93.140
46.93.140 Factors considered by administrative law
judge. In determining whether good cause exists for permitting the proposed establishment or relocation of a dealer of
the same line make, the factors that the administrative law
judge shall consider must include, but are not limited to the
following:
(1) The extent, nature, and permanency of the investment
of both the existing dealers of the same line make in the relevant market area and the proposed additional or relocating
dealer, including obligations reasonably incurred by the
existing dealers to perform their obligations under their
respective franchises;
(2) The growth or decline in population and new motorsports vehicle registrations during the past five years in the
relevant market area;
(3) The effect on the consuming public;
[Title 46 RCW—page 319]
46.93.150
Title 46 RCW: Motor Vehicles
(4) The effect on the existing dealers in the relevant market area, including any adverse financial impact;
(5) The reasonably expected or anticipated vehicle market for the relevant market area, including demographic factors such as age of population, income, education, size class
preference, product popularity, retail lease transactions, or
other factors affecting sales to consumers in the relevant market area;
(6) Whether it is injurious or beneficial to the public welfare for an additional dealership to be established;
(7) Whether the dealers of the same line make in the relevant market area are providing adequate competition and
convenient customer care for the motorsports vehicles of the
same line make in the relevant market area, including the
adequacy of motorsports vehicle sales and service facilities,
equipment, supply of vehicle parts, and qualified service personnel;
(8) Whether the establishment of an additional dealer
would increase competition and be in the public interest;
(9) Whether the manufacturer is motivated principally
by good faith to establish an additional or new dealer and not
by noneconomic considerations;
(10) Whether the manufacturer has denied its existing
dealers of the same line make the opportunity for reasonable
growth, market expansion, or relocation;
(11) Whether the protesting dealer or dealers are in substantial compliance with their dealer agreements or franchises; and
(12) Whether the manufacturer has complied with the
requirements of RCW 46.93.120 and 46.93.130. [2003 c 354
§ 14.]
46.93.150
46.93.150 Hearing—Procedures, costs, appeal. (1)
The manufacturer has the burden of proof to establish that
good cause exists for permitting the proposed establishment
or relocation.
(2) The administrative law judge shall conduct any hearing as provided in RCW 46.93.050(2) and all hearing costs
will be borne as provided in that subsection. The administrative law judge shall render the final decision as expeditiously
as possible, but in any event not later than one hundred
twenty days after a protest is filed. If more than one protest
is filed, the one hundred twenty days commences to run from
the date the last protest is filed. A party to such a hearing
aggrieved by the final order of the administrative law judge
may appeal as provided and allowed in RCW 46.93.050(3).
[2003 c 354 § 15.]
46.93.160
46.93.160 Relocation requirements—Exceptions.
RCW 46.93.120 through 46.93.150 do not apply:
(1) To the sale or transfer of the ownership or assets of an
existing dealer where the transferee proposes to engage in
business representing the same line make at the same location
or within two miles of that location;
(2) To the relocation of an existing dealer within the
dealer's relevant market area, if the relocation is not at a site
within eight miles of any dealer of the same line make;
(3) If the proposed dealer is to be established at or within
two miles of a location at which a former dealer of the same
[Title 46 RCW—page 320]
line make had ceased operating within the previous twentyfour months;
(4) Where the proposed relocation is two miles or less
from the existing location of the relocating dealer; or
(5) Where the proposed relocation is to be further away
from all other existing dealers of the same line make in the
relevant market area. [2003 c 354 § 16.]
46.93.170 Unfair practices. (1) Notwithstanding the
terms of a franchise agreement, a manufacturer, distributor,
factory branch, or factory representative, or an agent, officer,
parent company, wholly or partially owned subsidiary, affiliated entity, or other person controlled by or under common
control with a manufacturer, distributor, factory branch, or
factory representative, shall not:
(a) Discriminate between dealers by selling or offering to
sell a like motorsports vehicle to one dealer at a lower actual
price than the actual price offered to another dealer for the
same model similarly equipped;
(b) Discriminate between dealers by selling or offering
to sell parts or accessories to one dealer at a lower actual price
than the actual price offered to another dealer;
(c) Discriminate between dealers by using a promotion
plan, marketing plan, or other similar device that results in a
lower actual price on vehicles, parts, or accessories being
charged to one dealer over another dealer;
(d) Discriminate between dealers by adopting a method,
or changing an existing method, for the allocation, scheduling, or delivery of new motorsports vehicles, parts, or accessories to its dealers that is not fair, reasonable, and equitable.
Upon the request of a dealer, a manufacturer shall disclose in
writing to the dealer the method by which new motorsports
vehicles, parts, and accessories are allocated, scheduled, or
delivered to its dealers handling the same line or make of
vehicles;
(e) Give preferential treatment to some dealers over others by refusing or failing to deliver, in reasonable quantities
and within a reasonable time after receipt of an order, to a
dealer holding a franchise for a line or make of motorsports
vehicles sold or distributed by the manufacturer, a new vehicle, parts, or accessories, if the vehicle, parts, or accessories
are being delivered to other dealers, or require a dealer to purchase unreasonable advertising displays or other materials, or
unreasonably require a dealer to remodel or renovate existing
facilities as a prerequisite to receiving a model or series of
vehicles;
(f) Compete with a dealer by acting in the capacity of a
dealer, or by owning, operating, or controlling, whether
directly or indirectly, a dealership in this state. It is not, however, a violation of this subsection for:
(i) A manufacturer to own or operate a dealership for a
temporary period, not to exceed two years, during the transition from one owner of the dealership to another where the
dealership was previously owned by a franchised dealer and
is currently for sale to any qualified independent person at a
fair and reasonable price. The temporary operation may be
extended for one twelve-month period on petition of the temporary operator to the department. The matter will be handled as an adjudicative proceeding under chapter 34.05
RCW. A dealer who is a franchisee of the petitioning manufacturer or distributor may intervene and participate in a pro46.93.170
(2004 Ed.)
Motorsports Vehicles—Dealer and Manufacturer Franchises
ceeding under this subsection (1)(f)(i). The temporary operator has the burden of proof to show justification for the
extension and a good faith effort to sell the dealership to an
independent person at a fair and reasonable price;
(ii) A manufacturer to own or operate a dealership in
conjunction with an independent person in a bona fide business relationship for the purpose of broadening the diversity
of its dealer body and enhancing opportunities for qualified
persons who are part of a group who have historically been
underrepresented in its dealer body, or other qualified persons who lack the resources to purchase a dealership outright,
and where the independent person (A) has made a significant,
bona fide capital investment in the dealership that is subject
to loss; (B) has an ownership interest in the dealership; and
(C) operates the dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or
factory representative under which he or she will acquire all
of the ownership interest in the dealership within a reasonable period of time and under reasonable terms and conditions. The manufacturer has the burden of proof of establishing that the acquisition of the dealership by the independent
person was made within a reasonable period of time and
under reasonable terms and conditions;
(iii) A manufacturer to own or operate a dealership in
conjunction with an independent person in a bona fide business relationship where the independent person (A) has made
a significant, bona fide capital investment in the dealership
that is subject to loss; (B) has an ownership interest in the
dealership; and (C) operates the dealership under a bona fide
written agreement with the manufacturer under which he or
she will acquire all of the ownership interest in the dealership
within a reasonable period of time and under reasonable
terms and conditions. The manufacture [manufacturer] has
the burden of proof of establishing that the acquisition of the
dealership by the independent person was made within a reasonable period of time and under reasonable terms and conditions. The number of dealerships operated under this subsection (1)(f)(iii) may not exceed four percent rounded up to the
nearest whole number of a manufacturer's total of dealer franchises in this state;
(iv) A manufacturer to own, operate, or control a dealership trading exclusively in a single line make of the manufacturer if (A) the manufacturer does not own, directly or indirectly, in the aggregate, in excess of forty-five percent of the
total ownership interest in the dealership; (B) at the time the
manufacturer first acquires ownership or assumes operation
or control of any such dealership, the distance between any
dealership thus owned, operated, or controlled and the nearest dealership trading in the same line make of vehicle and in
which the manufacturer has no ownership or control complies with the applicable provisions in the relevant market
area sections of this chapter; (C) all of the manufacturer's
franchise agreements confer rights on the dealer of that line
make to develop and operate within a defined geographic territory or area, as many dealership facilities as the dealer and
the manufacturer agree are appropriate; and (D) the manufacturer had no more than four new motorsports vehicle dealers
of that manufacturer's line make in this state, and at least half
of those dealers owned and operated two or more dealership
facilities in the geographic territory or area covered by their
franchise agreements with the manufacturer;
(2004 Ed.)
46.93.170
(g) Compete with a dealer by owning, operating, or controlling, whether directly or indirectly, a service facility in
this state for the repair or maintenance of motorsports vehicles under the manufacturer's new motorsports vehicle warranty and extended warranty. Nothing in this subsection
(1)(g), however, prohibits a manufacturer from owning or
operating a service facility for the purpose of providing or
performing maintenance, repair, or service work on motorsports vehicles that are owned by the manufacturer;
(h) Use confidential or proprietary information obtained
from a dealer to unfairly compete with the dealer without the
prior written consent of the dealer. For purposes of this subsection (1)(h), "confidential or proprietary information"
means trade secrets as defined in RCW 19.108.010, business
plans, marketing plans or strategies, customer lists, contracts,
sales data, revenues, or other financial information;
(i) Coerce, threaten, intimidate, or require, either directly
or indirectly, a dealer to accept, buy, or order any motorsports
vehicle, part, or accessory, or any other commodity or service
not voluntarily ordered, or requested, or to buy, order, or pay
anything of value for such items in order to obtain a motorsports vehicle, part, accessory, or other commodity that has
been voluntarily ordered or requested;
(j) Coerce, threaten, intimidate, or require, either directly
or indirectly, a dealer to enter into any agreement that violates this chapter;
(k) Require a change in capital structure or means of
financing for the dealership if the dealer at all times meets the
reasonable, written, and uniformly applied capital standards
determined by the manufacturer;
(l) Prevent or attempt to prevent a dealer from making
reasonable changes in the capital structure of a dealership or
the means by which the dealership is financed if the dealer
meets the reasonable, written, and uniformly applied capital
requirements determined by the manufacturer;
(m) Unreasonably require the dealer to change the location or require any substantial alterations to the place of business;
(n) Condition a renewal or extension of the franchise on
the dealer's substantial renovation of the existing place of
business or on the construction, purchase, acquisition, or release of a new place of business unless written notice is first
provided one hundred eighty days before the date of renewal
or extension and the manufacturer demonstrates the reasonableness of the requested actions. The manufacturer shall
agree to supply the dealer with an adequate quantity of
motorsports vehicles, parts, and accessories to meet the sales
level necessary to support the overhead resulting from substantial construction, acquisition, or lease of a new place of
business;
(o) Coerce, threaten, intimidate, or require, either
directly or indirectly, a dealer to order or accept delivery of a
motorsports vehicle with special features, accessories, or
equipment not included in the list price of the vehicle as
advertised by the manufacturer, except items that have been
voluntarily requested or ordered by the dealer, and except
items required by law;
(p) Fail to hold harmless and indemnify a dealer against
losses, including lawsuits and court costs, arising from: (i)
The manufacture or performance of a motorsports vehicle,
part, or accessory if the lawsuit involves representations by
[Title 46 RCW—page 321]
46.93.180
Title 46 RCW: Motor Vehicles
the manufacturer on the manufacture or performance of a
motorsports vehicle without negligence on the part of the
dealer; (ii) damage to merchandise in transit where the manufacturer specifies the carrier; (iii) the manufacturer's failure
to jointly defend product liability suits concerning the motorsports vehicle, part, or accessory provided to the dealer; or
(iv) any other act performed by the manufacturer;
(q) Unfairly prevent or attempt to prevent a dealer from
receiving reasonable compensation for the value of a motorsports vehicle;
(r) Fail to pay to a dealer, within a reasonable time after
receipt of a valid claim, a payment agreed to be made by the
manufacturer on grounds that a new motorsports vehicle, or a
prior year's model, is in the dealer's inventory at the time of
introduction of new model motorsports vehicles;
(s) Deny a dealer the right of free association with any
other dealer for any lawful purpose;
(t) Charge increased prices without having given written
notice to the dealer at least fifteen days before the effective
date of the price increases;
(u) Permit factory authorized warranty service to be performed upon motorsports vehicles or accessories by persons
other than their franchised dealers;
(v) Require or coerce a dealer to sell, assign, or transfer
a retail sales installment contract, or require the dealer to act
as an agent for a manufacturer, in the securing of a promissory note, a security agreement given in connection with the
sale of a motorsports vehicle, or securing of a policy of insurance for a motorsports vehicle. The manufacturer may not
condition delivery of any motorsports vehicle, parts, or
accessories upon the dealer's assignment, sale, or other transfer of sales installment contracts to specific finance companies;
(w) Require or coerce a dealer to grant a manufacturer a
right of first refusal or other preference to purchase the
dealer's franchise or place of business, or both.
(2) Subsections (1)(a), (b), and (c) of this section do not
apply to sales to a dealer: (a) For resale to a federal, state, or
local government agency; (b) where the motorsports vehicles
will be sold or donated for use in a program of driver's education; (c) where the sale is made under a manufacturer's bona
fide promotional program offering sales incentives or
rebates; (d) where the sale of parts or accessories is under a
manufacturer's bona fide quantity discount program; or (e)
where the sale is made under a manufacturer's bona fide fleet
vehicle discount program. For purposes of this subsection,
"fleet" means a group of fifteen or more new motorsports
vehicles purchased or leased by a dealer at one time under a
single purchase or lease agreement for use as part of a fleet,
and where the dealer has been assigned a fleet identifier code
by the department.
(3) The following definitions apply to this section:
(a) "Actual price" means the price to be paid by the
dealer less any incentive paid by the manufacturer, whether
paid to the dealer or the ultimate purchaser of the motorsports
vehicle.
(b) "Control" or "controlling" means (i) the possession
of, title to, or control of ten percent or more of the voting
equity interest in a person, whether directly or indirectly
through a fiduciary, agent, or other intermediary, or (ii) the
possession, direct or indirect, of the power to direct or cause
[Title 46 RCW—page 322]
the direction of the management or policies of a person,
whether through the ownership of voting securities, through
director control, by contract, or otherwise, except as
expressly provided under the franchise agreement.
(c) "Operate" means to manage a dealership, whether
directly or indirectly.
(d) "Own" or "ownership" means to hold the beneficial
ownership of one percent or more of any class of equity interest in a dealership, whether the interest is that of a shareholder, partner, limited liability company member, or otherwise. To hold an ownership interest means to have possession of, title to, or control of the ownership interest, whether
directly or indirectly through a fiduciary, agent, or other
intermediary.
(4) A violation of this section is deemed to affect the
public interest and constitutes an unlawful and unfair practice
under chapter 19.86 RCW. A person aggrieved by an alleged
violation of this section may petition the department to have
the matter handled as an adjudicative proceeding under chapter 34.05 RCW. [2003 c 354 § 17.]
46.93.180
46.93.180 Sale, transfer, or exchange of franchise.
(1) Notwithstanding the terms of a franchise, a manufacturer
may not unreasonably withhold consent to the sale, transfer,
or exchange of a franchise to a qualified buyer who meets the
normal, reasonable, and uniformly applied standards established by the manufacturer for the appointment of a dealer or
is capable of being approved by the department as a dealer in
this state. A manufacturer's failure to respond in writing to a
request for consent under this subsection within sixty days
after receipt of a written request on the forms, if any, generally used by the manufacturer containing the information and
reasonable promises required by a manufacturer, is deemed
to be consent to the request. A manufacturer may request,
and, if so requested, the applicant for a franchise (a) shall
promptly provide such personal and financial information as
is reasonably necessary to determine whether the sale, transfer, or exchange should be approved, and (b) shall agree to be
bound by all reasonable terms and conditions of the franchise.
(2) If a manufacturer refuses to approve the sale, transfer, or exchange of a franchise, the manufacturer shall serve
written notice on the applicant, the transferring, selling, or
exchanging dealer, and the department, of its refusal to
approve the transfer of the franchise no later than sixty days
after the date the manufacturer receives the written request
from the dealer. If the manufacturer has requested personal
or financial information from the applicant under subsection
(1) of this section, the notice must be served not later than
sixty days after the receipt of all of such documents. Service
of all notices under this section must be made by personal
service or by certified mail, return receipt requested.
(3) The notice in subsection (2) of this section must state
the specific grounds for the refusal to approve the sale, transfer, or exchange of the franchise.
(4) Within twenty days after receipt of the notice of
refusal to approve the sale, transfer, or exchange of the franchise by the transferring dealer, the dealer may file a petition
with the department to protest the refusal to approve the sale,
transfer, or exchange. The petition must contain a short statement setting forth the reasons for the dealer's protest. Upon
(2004 Ed.)
Manufacturers' and Dealers' Franchise Agreements
the filing of a protest and the receipt of the filing fee, the
department shall promptly notify the manufacturer that a
timely protest has been filed, and the department shall
arrange for a hearing with an administrative law judge as the
presiding officer to determine if the manufacturer unreasonably withheld consent to the sale, transfer, or exchange of the
franchise.
(5) In determining whether the manufacturer unreasonably withheld its approval to the sale, transfer, or exchange,
the manufacturer has the burden of proof that it acted reasonably. A manufacturer's refusal to accept or approve a proposed buyer who otherwise meets the normal, reasonable,
and uniformly applied standards established by the manufacturer for the appointment of a new dealer, or who otherwise is
capable of operating as a dealer in this state, is presumed to
be unreasonable.
(6) The administrative law judge shall conduct a hearing
and render a final decision as expeditiously as possible, but in
any event not later than one hundred twenty days after a protest is filed. Only the selling, transferring, or exchanging
dealer and the manufacturer may be parties to the hearing.
(7) The administrative law judge shall conduct any hearing as provided in RCW 46.93.050(2), and all hearing costs
must be borne as provided in that subsection. Only the manufacturer and the selling, transferring, or exchanging dealer
may appeal the final order of the administrative law judge to
the superior court or the appellate court as provided in the
Administrative Procedure Act, chapter 34.05 RCW. [2003 c
354 § 18.]
46.93.190
46.93.190 Petition and hearing filing fees, costs, security. The department shall determine and establish the
amount of the filing fees required in RCW 46.93.040,
46.93.110, 46.93.130, and 46.93.180. The fees must be set in
accordance with RCW 43.24.086.
The department may also require the petitioning or protesting party to give security, in such sum as the department
deems proper but not to exceed one thousand dollars, for the
payment of such costs as may be incurred in conducting the
hearing as required under this chapter. The security may be
given in the form of a bond or stipulation or other undertaking with one or more sureties.
At the conclusion of the hearing, the department shall
assess, in equal shares, each of the parties to the hearing for
the cost of conducting the hearing. Upon receipt of payment
of the costs, the department shall refund and return to the
petitioning party any excess funds initially posted by the
party as security for the hearing costs. If the petitioning party
provided security in the form of a bond or other undertaking
with one or more sureties, the bond or other undertaking will
then be exonerated and the surety or sureties under it discharged. [2003 c 354 § 19.]
46.93.200
46.93.200 Department defining additional motorsports vehicles. The department shall determine through
rule making under the Administrative Procedure Act any
moto rspo rts v eh ic les no t a lr ea dy d ef in ed in RCW
46.93.020(7) as of July 27, 2003, that are manufactured after
July 27, 2003. [2003 c 354 § 20.]
(2004 Ed.)
46.96.010
46.93.900
46.93.900 Severability. If any provision of this chapter
or its application to any person or circumstance is held
invalid, the remainder of the chapter or the application of the
provision to other persons or circumstances is not affected.
[2003 c 354 § 21.]
46.93.901
46.93.901 Captions not law. Captions used in this
chapter are not part of the law. [2003 c 354 § 22.]
Chapter 46.96
Chapter 46.96 RCW
MANUFACTURERS' AND DEALERS'
FRANCHISE AGREEMENTS
Sections
46.96.010
46.96.020
46.96.030
46.96.040
46.96.050
46.96.060
46.96.070
46.96.080
46.96.090
46.96.100
46.96.105
46.96.110
46.96.140
46.96.150
46.96.160
46.96.170
46.96.180
46.96.185
46.96.190
46.96.200
46.96.210
46.96.220
46.96.230
46.96.240
46.96.900
Legislative findings.
Definitions.
Termination, cancellation, nonrenewal of franchise restricted.
Determination of good cause, good faith—Petition, notice,
decision, appeal.
Determination of good cause, good faith—Hearing, decision,
procedures—Judicial review.
Good cause, what constitutes—Burden of proof.
Notice of termination, cancellation, or nonrenewal.
Payments by manufacturer to dealer for inventory, equipment,
etc.
Payments by manufacturer for dealership facilities.
Mitigation of damages.
Warranty work.
Designated successor to franchise ownership.
Relevant market area—Definition—New or relocated dealerships, notice of.
Protest of new or relocated dealership—Hearing—Arbitration.
Factors considered by administrative law judge.
Hearing—Procedures, costs, appeal.
Exceptions.
Unfair practices.
Prohibited practices by manufacturer.
Sale, transfer, or exchange of franchise.
Petition and hearing—Filing fee, costs, security.
Right of first refusal.
Manufacturer incentive programs.
Venue.
Severability—1989 c 415.
46.96.010
46.96.010 Legislative findings. The legislature finds
and declares that the distribution and sale of motor vehicles in
this state vitally affect the general economy of the state and
the public interest and public welfare, that provision for warranty service to motor vehicles is of substantial concern to the
people of this state, that the maintenance of fair competition
among dealers and others is in the public interest, and that the
maintenance of strong and sound dealerships is essential to
provide continuing and necessary reliable services to the consuming public in this state and to provide stable employment
to the citizens of this state. The legislature further finds that
there is a substantial disparity in bargaining power between
automobile manufacturers and their dealers, and that in order
to promote the public interest and the public welfare, and in
the exercise of its police power, it is necessary to regulate the
relationship between motor vehicle dealers and motor vehicle
manufacturers, importers, distributors, and their representatives doing business in this state, not only for the protection
of dealers but also for the benefit for the public in assuring the
continued availability and servicing of automobiles sold to
the public.
The legislature recognizes it is in the best interest for
manufacturers and dealers of motor vehicles to conduct business with each other in a fair, efficient, and competitive man[Title 46 RCW—page 323]
46.96.020
Title 46 RCW: Motor Vehicles
ner. The legislature declares the public interest is best served
by dealers being assured of the ability to manage their business enterprises under a contractual obligation with manufacturers where dealers do not experience unreasonable interference and are assured of the ability to transfer ownership of
their business without undue constraints. It is the intent of the
legislature to impose a regulatory scheme and to regulate
competition in the motor vehicle industry to the extent necessary to balance fairness and efficiency. These actions will
permit motor vehicle dealers to better serve consumers and
allow dealers to devote their best competitive efforts and
resources to the sale and services of the manufacturer's products to consumers. [1989 c 415 § 1.]
written, notarized, and witnessed instrument submitted to the
manufacturer; or
(c) In the case of an incapacitated owner of a new motor
vehicle dealership, the person who has been appointed by a
court as the legal representative of the incapacitated owner's
property.
(6) "Owner" means a person holding an ownership interest in the business entity operating as a new motor vehicle
dealer and who is the designated dealer in the new motor
vehicle franchise agreement.
(7) "Person" means every natural person, partnership,
corporation, association, trust, estate, or any other legal
entity. [2003 c 21 § 1; 1989 c 415 § 2.]
46.96.020 Definitions. In addition to the definitions
contained in RCW 46.70.011, which are incorporated by reference into this chapter, the definitions set forth in this section apply only for the purposes of this chapter.
(1) A "new motor vehicle" is a vehicle that has not been
titled by a state and ownership of which may be transferred
on a manufacturer's statement of origin (MSO).
(2) "New motor vehicle dealer" means a motor vehicle
dealer engaged in the business of buying, selling, exchanging, or otherwise dealing in new motor vehicles or new and
used motor vehicles at an established place of business, under
a franchise, sales and service agreement, or contract with the
manufacturer of the new motor vehicles. However, the term
"new motor vehicle dealer" does not include a miscellaneous
vehicle dealer as defined in RCW 46.70.011(3)(c) or a motorcycle dealer as defined in *chapter 46.94 RCW.
(3) "Franchise" means one or more agreements, whether
oral or written, between a manufacturer and a new motor
vehicle dealer, under which the new motor vehicle dealer is
authorized to sell, service, and repair new motor vehicles,
parts, and accessories under a common name, trade name,
trademark, or service mark of the manufacturer.
"Franchise" includes an oral or written contract and
includes a dealer agreement, either expressed or implied,
between a manufacturer and a new motor vehicle dealer that
purports to fix the legal rights and liabilities between the parties and under which (a) the dealer is granted the right to purchase and resell motor vehicles manufactured, distributed, or
imported by the manufacturer; (b) the dealer's business is
associated with the trademark, trade name, commercial symbol, or advertisement designating the franchisor or the products distributed by the manufacturer; and (c) the dealer's business relies on the manufacturer for a continued supply of
motor vehicles, parts, and accessories.
(4) "Good faith" means honesty in fact and fair dealing in
the trade as defined and interpreted in RCW 62A.2-103.
(5) "Designated successor" means:
(a) The spouse, biological or adopted child, stepchild,
grandchild, parent, brother, or sister of the owner of a new
motor vehicle dealership who, in the case of the owner's
death, is entitled to inherit the ownership interest in the new
motor vehicle dealership under the terms of the owner's will
or similar document, and if there is no such will or similar
document, then under applicable intestate laws;
(b) A qualified person experienced in the business of a
new motor vehicle dealer who has been nominated by the
owner of a new motor vehicle dealership as the successor in a
*Reviser's note: Chapter 46.94 RCW was repealed by 2003 c 354 § 24.
Cf. chapter 46.93 RCW.
46.96.020
[Title 46 RCW—page 324]
Captions not law—2003 c 21: "Captions used in this act are not part of
the law." [2003 c 21 § 7.]
46.96.030
46.96.030 Termination, cancellation, nonrenewal of
franchise restricted. Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, no manufacturer may terminate, cancel, or fail to renew a franchise with
a new motor vehicle dealer, unless the manufacturer has complied with the notice requirements of RCW 46.96.070 and an
administrative law judge has determined, if requested in writing by the new motor vehicle dealer within the applicable
time period specified in RCW 46.96.070 (1), (2), or (3), after
hearing, that there is good cause for the termination, cancellation, or nonrenewal of the franchise and that the manufacturer has acted in good faith, as defined in this chapter,
regarding the termination, cancellation, or nonrenewal.
[1989 c 415 § 3.]
46.96.040
46.96.040 Determination of good cause, good faith—
Petition, notice, decision, appeal. A new motor vehicle
dealer who has received written notification from the manufacturer of the manufacturer's intent to terminate, cancel, or
not renew the franchise may file a petition with the department for a determination as to the existence of good cause
and good faith for the termination, cancellation, or nonrenewal of a franchise. The petition shall contain a short statement setting forth the reasons for the dealer's objection to the
termination, cancellation, or nonrenewal of the franchise.
Upon the filing of the petition and the receipt of the filing fee,
the department shall promptly notify the manufacturer that a
timely petition has been filed and shall request the appointment of an administrative law judge under chapter 34.12
RCW to conduct a hearing. The franchise in question shall
continue in full force and effect pending the administrative
law judge's decision. If the decision of the administrative law
judge terminating, canceling, or failing to renew a dealer's
franchise is appealed by a dealer, the franchise in question
shall continue in full force and effect until the appeal to superior court is finally determined or until the expiration of one
hundred eighty days from the date of issuance of the administrative law judge's written decision, whichever is less.
Nothing in this section precludes a manufacturer or dealer
from petitioning the superior court for a stay or other relief
pending judicial review. [1989 c 415 § 4.]
(2004 Ed.)
Manufacturers' and Dealers' Franchise Agreements
46.96.050
46.96.050 Determination of good cause, good faith—
Hearing, decision, procedures—Judicial review. (1) The
administrative law judge shall conduct the hearing and render
a final decision as expeditiously as possible, but in any event
not later than one hundred eighty days after a petition is filed.
If the termination, cancellation, or nonrenewal is under RCW
46.96.070(2), the administrative law judge shall give the proceeding priority consideration and shall render a final decision not later than sixty days after a petition is filed.
(2) The administrative law judge shall conduct the hearing as an adjudicative proceeding in accordance with the procedures provided for in the Administrative Procedure Act,
chapter 34.05 RCW. The administrative law judge shall render the final decision and shall enter a final order. Except as
otherwise provided in RCW 34.05.446 and 34.05.449, all
hearing costs shall be borne on an equal basis by the parties
to the hearing.
(3) A party to a hearing under this chapter may be represented by counsel. A party to a hearing aggrieved by the final
order of the administrative law judge concerning the termination, cancellation, or nonrenewal of a franchise may seek
judicial review of the order in the superior court in the manner provided for in RCW 34.05.510 through 34.05.598. A
petitioner for judicial review need not exhaust all administrative appeals or administrative review processes as a prerequisite for seeking judicial review under this section. [1989 c
415 § 5.]
46.96.060
46.96.060 Good cause, what constitutes—Burden of
proof. (1) Notwithstanding the terms of a franchise or the
terms of a waiver, and except as otherwise provided in RCW
46.96.070(2) (a) through (d), good cause exists for termination, cancellation, or nonrenewal when there is a failure by
the new motor vehicle dealer to comply with a provision of
the franchise that is both reasonable and of material significance to the franchise relationship, if the new motor vehicle
dealer was notified of the failure within one hundred eighty
days after the manufacturer first acquired knowledge of the
failure and the new motor vehicle dealer did not correct the
failure after being requested to do so.
If, however, the failure of the new motor vehicle dealer
relates to the performance of the new motor vehicle dealer in
sales, service, or level of customer satisfaction, good cause is
the failure of the new motor vehicle dealer to comply with
reasonable performance standards determined by the manufacturer in accordance with uniformly applied criteria, and:
(a) The new motor vehicle dealer was advised, in writing, by the manufacturer of the failure;
(b) The notice under this subsection stated that notice
was provided of a failure of performance under this section;
(c) The manufacturer provided the new motor vehicle
dealer with specific, reasonable goals or reasonable performance standards with which the dealer must comply, together
with a suggested timetable or program for attaining those
goals or standards, and the new motor vehicle dealer was
given a reasonable opportunity, for a period not less than one
hundred eighty days, to comply with the goals or standards;
and
(d) The new motor vehicle dealer did not substantially
comply with the manufacturer's performance standards during that period and the failure to demonstrate substantial
(2004 Ed.)
46.96.080
compliance was not due to market or economic factors within
the new motor vehicle dealer's relevant market area that were
beyond the control of the dealer.
(2) The manufacturer has the burden of proof of establishing good cause and good faith for the termination, cancellation, or nonrenewal of the franchise under this section.
[1989 c 415 § 6.]
46.96.070
46.96.070 Notice of termination, cancellation, or nonrenewal. Before the termination, cancellation, or nonrenewal of a franchise, the manufacturer shall give written notification to both the department and the new motor vehicle
dealer. The notice shall be by certified mail or personally
delivered to the new motor vehicle dealer and shall state the
intention to terminate, cancel, or not renew the franchise, the
reasons for the termination, cancellation, or nonrenewal, and
the effective date of the termination, cancellation, or nonrenewal. The notice shall be given:
(1) Not less than ninety days before the effective date of
the termination, cancellation, or nonrenewal;
(2) Not less than fifteen days before the effective date of
the termination, cancellation, or nonrenewal with respect to
any of the following that constitute good cause for termination, cancellation, or nonrenewal:
(a) Insolvency of the new motor vehicle dealer or the filing of any petition by or against the new motor vehicle dealer
under bankruptcy or receivership law;
(b) Failure of the new motor vehicle dealer to conduct
sales and service operations during customary business hours
for seven consecutive business days, except for acts of God
or circumstances beyond the direct control of the new motor
vehicle dealer;
(c) Conviction of the new motor vehicle dealer, or principal operator of the dealership, of a felony punishable by
imprisonment; or
(d) Suspension or revocation of a license that the new
motor vehicle dealer is required to have to operate the new
motor vehicle dealership where the suspension or revocation
is for a period in excess of thirty days;
(3) Not less than one hundred eighty days before the
effective date of termination, cancellation, or nonrenewal,
where the manufacturer intends to discontinue sale and distribution of the new motor vehicle line. [1989 c 415 § 7.]
46.96.080
46.96.080 Payments by manufacturer to dealer for
inventory, equipment, etc. (1) Upon the termination, cancellation, or nonrenewal of a franchise by the manufacturer
under this chapter, the manufacturer shall pay the new motor
vehicle dealer, at a minimum:
(a) Dealer cost plus any charges by the manufacturer for
distribution, delivery, and taxes, less all allowances paid or
credited to the dealer by the manufacturer, of unused, undamaged, and unsold new motor vehicles in the new motor vehicle dealer's inventory that were acquired from the manufacturer or another new motor vehicle dealer of the same line
make within the previous twelve months;
(b) Dealer cost for all unused, undamaged, and unsold
supplies, parts, and accessories in original packaging, except
that in the case of sheet metal, a comparable substitute for
original packaging may be used, if the supply, part, or acces[Title 46 RCW—page 325]
46.96.090
Title 46 RCW: Motor Vehicles
sory was acquired from the manufacturer or from another
new motor vehicle dealer ceasing operations as a part of the
new motor vehicle dealer's initial inventory as long as the
supplies, parts, and accessories appear in the manufacturer's
current parts catalog, list, or current offering;
(c) Dealer cost for all unused, undamaged, and unsold
inventory, whether vehicles, parts, or accessories, the purchase of which was required by the manufacturer;
(d) The fair market value of each undamaged sign owned
by the new motor vehicle dealer that bears a common name,
trade name, or trademark of the manufacturer, if acquisition
of the sign was recommended or required by the manufacturer and the sign is in good and usable condition less reasonable wear and tear, and has not been depreciated by the dealer
more than fifty percent of the value of the sign;
(e) The fair market value of all equipment, furnishings,
and special tools owned or leased by the new motor vehicle
dealer that were acquired from the manufacturer or sources
approved by the manufacturer and that were recommended or
required by the manufacturer and are in good and usable condition, less reasonable wear and tear. However, if the equipment, furnishings, or tools are leased by the new motor vehicle dealer, the manufacturer shall pay the new motor vehicle
dealer such amounts that are required by the lessor to terminate the lease under the terms of the lease agreement; and
(f) The cost of transporting, handling, packing, and loading of new motor vehicles, supplies, parts, accessories, signs,
special tools, equipment, and furnishings.
To the extent the franchise agreement provides for payment or reimbursement to the new motor vehicle dealer in
excess of that specified in this section, the provisions of the
franchise agreement shall control.
(2) The manufacturer shall pay the new motor vehicle
dealer the sums specified in subsection (1) of this section
within ninety days after the tender of the property, if the new
motor vehicle dealer has clear title to the property and is in a
position to convey that title to the manufacturer. [1989 c 415
§ 8.]
46.96.090 Payments by manufacturer for dealership
facilities. (1) In the event of a termination, cancellation, or
nonrenewal under this chapter, except for termination, cancellation, or nonrenewal under RCW 46.96.070(2), the manufacturer shall, at the request and option of the new motor
vehicle dealer, also pay to the new motor vehicle dealer:
(a) A sum equivalent to rent for the unexpired term of the
lease or one year, whichever is less, or such longer term as
provided in the franchise, if the new motor vehicle dealer is
leasing the new motor vehicle dealership facilities from a lessor other than the manufacturer; or
(b) A sum equivalent to the reasonable rental value of the
new motor vehicle dealership facilities for one year or until
the facilities are leased or sold, whichever is less, if the new
motor vehicle dealer owns the new motor vehicle dealership
facilities.
(2) The rental payment required under subsection (1) of
this section is only required to the extent that the facilities
were used for activities under the franchise and only to the
extent the facilities were not leased for unrelated purposes. If
payment under subsection (1) of this section is made, the
manufacturer is entitled to possession and use of the new
46.96.090
[Title 46 RCW—page 326]
motor vehicle dealership facilities for the period rent is paid.
[1989 c 415 § 9.]
46.96.100
46.96.100 Mitigation of damages. RCW 46.96.030
through 46.96.090 do not relieve a new motor vehicle dealer
from the obligation to mitigate the dealer's damages upon termination, cancellation, or nonrenewal of the franchise. [1989
c 415 § 10.]
46.96.105
46.96.105 Warranty work. (1) Each manufacturer
shall specify in its franchise agreement, or in a separate written agreement, with each of its dealers licensed in this state,
the dealer's obligation to perform warranty work or service
on the manufacturer's products. Each manufacturer shall provide each of its dealers with a schedule of compensation to be
paid to the dealer for any warranty work or service, including
parts, labor, and diagnostic work, required of the dealer by
the manufacturer in connection with the manufacturer's products.
(2) All claims for warranty work for parts and labor
made by dealers under this section shall be submitted to the
manufacturer within one year of the date the work was performed. All claims submitted must be paid by the manufacturer within thirty days following receipt, provided the claim
has been approved by the manufacturer. The manufacturer
has the right to audit claims for warranty work and to charge
the dealer for any unsubstantiated, incorrect, or false claims
for a period of one year following payment. However, the
manufacturer may audit and charge the dealer for any fraudulent claims during any period for which an action for fraud
may be commenced under applicable state law.
(3) All claims submitted by dealers on the forms and in
the manner specified by the manufacturer shall be either
approved or disapproved within thirty days following their
receipt. The manufacturer shall notify the dealer in writing of
any disapproved claim, and shall set forth the reasons why
the claim was not approved. Any claim not specifically disapproved in writing within thirty days following receipt is
approved, and the manufacturer is required to pay that claim
within thirty days of receipt of the claim. [2003 c 21 § 2;
1998 c 298 § 1.]
Captions not law—2003 c 21: See note following RCW 46.96.020.
Severability—1998 c 298: See note following RCW 19.118.021.
46.96.110
46.96.110 Designated successor to franchise ownership. (1) Notwithstanding the terms of a franchise, an owner
may appoint a designated successor to succeed to the ownership of the new motor vehicle dealer franchise upon the
owner's death or incapacity.
(2) Notwithstanding the terms of a franchise, a designated successor of a deceased or incapacitated owner of a
new motor vehicle dealer franchise may succeed to the ownership interest of the owner under the existing franchise, if:
(a) In the case of a designated successor who meets the
d e f i n i ti o n o f a d e s i g n a t e d s u c c e s s o r u n d e r R C W
46.96.020(5)(a), but who is not experienced in the business of
a new motor vehicle dealer, the person will employ an individual who is qualified and experienced in the business of a
new motor vehicle dealer to help manage the day-to-day
operations of the motor vehicle dealership; or in the case of a
(2004 Ed.)
Manufacturers' and Dealers' Franchise Agreements
designated successor who meets the definition of a designated successor under RCW 46.96.020(5) (b) or (c), the person is qualified and experienced in the business of a new
motor vehicle dealer and meets the normal, reasonable, and
uniformly applied standards for grant of an application as a
new motor vehicle dealer by the manufacturer; and
(b) The designated successor furnishes written notice to
the manufacturer of his or her intention to succeed to the
ownership of the new motor vehicle dealership within sixty
days after the owner's death or incapacity; and
(c) The designated successor agrees to be bound by all
terms and conditions of the franchise.
(3) The manufacturer may request, and the designated
successor shall promptly provide, such personal and financial
information as is reasonably necessary to determine whether
the succession should be honored.
(4) A manufacturer may refuse to honor the succession
to the ownership of a new motor vehicle dealer franchise by a
designated successor if the manufacturer establishes that
good cause exists for its refusal to honor the succession. If the
designated successor of a deceased or incapacitated owner of
a new motor vehicle dealer franchise fails to meet the requirements set forth in subsections (2)(a), (b), and (c) of this section, good cause for refusing to honor the succession is presumed to exist. If a manufacturer believes that good cause
exists for refusing to honor the succession to the ownership of
a new motor vehicle dealer franchise by a designated successor, the manufacturer shall serve written notice on the designated successor and on the department of its refusal to honor
the succession no earlier than sixty days from the date the
notice is served. The notice must be served not later than
sixty days after the manufacturer's receipt of:
(a) Notice of the designated successor's intent to succeed
to the ownership interest of the new motor vehicle dealer's
franchise; or
(b) Any personal or financial information requested by
the manufacturer.
(5) The notice in subsection (4) of this section shall state
the specific grounds for the refusal to honor the succession. If
the notice of refusal is not timely and properly served, the
designated successor may continue the franchise in full force
and effect, subject to termination only as otherwise provided
under this chapter.
(6) Within twenty days after receipt of the notice or
within twenty days after the end of any appeal procedure provided by the manufacturer, whichever is greater, the designated successor may file a petition with the department protesting the refusal to honor the succession. The petition shall
contain a short statement setting forth the reasons for the designated successor's protest. Upon the filing of a protest and
the receipt of the filing fee, the department shall promptly
notify the manufacturer that a timely protest has been filed
and shall request the appointment of an administrative law
judge under chapter 34.12 RCW to conduct a hearing. The
manufacturer shall not terminate or otherwise discontinue the
existing franchise until the administrative law judge has held
a hearing and has determined that there is good cause for
refusing to honor the succession. If an appeal is taken, the
manufacturer shall not terminate or discontinue the franchise
until the appeal to superior court is finally determined or until
the expiration of one hundred eighty days from the date of
(2004 Ed.)
46.96.140
issuance of the administrative law judge's written decision,
whichever is less. Nothing in this section precludes a manufacturer or dealer from petitioning the superior court for a
stay or other relief pending judicial review.
(7) The manufacturer has the burden of proof to show
that good cause exists for the refusal to honor the succession.
(8) The administrative law judge shall conduct the hearing and render a final decision as expeditiously as possible,
but in any event not later than one hundred eighty days after
a protest is filed.
(9) The administrative law judge shall conduct any hearing concerning the refusal to the succession as provided in
RCW 46.96.050(2) and all hearing costs shall be borne as
provided in that subsection. A party to such a hearing
aggrieved by the final order of the administrative law judge
may appeal as provided and allowed in RCW 46.96.050(3).
(10) This section does not preclude the owner of a new
motor vehicle dealer franchise from designating any person
as his or her successor by a written, notarized, and witnessed
instrument filed with the manufacturer. In the event of a conflict between such a written instrument that has not been
revoked by written notice from the owner to the manufacturer
and this section, the written instrument governs. [1989 c 415
§ 11.]
46.96.140 Relevant market area—Definition—New
or relocated dealerships, notice of. (1) For the purposes of
this section, and throughout this chapter, the term "relevant
market area" is defined as follows:
(a) If the population in the county in which the proposed
new or relocated dealership is to be located is four hundred
thousand or more, the relevant market area is the geographic
area within a radius of eight miles around the proposed site;
(b) If the population in the county in which the proposed
new or relocated dealership is to be located is two hundred
thousand or more and less than four hundred thousand, the
relevant market area is the geographic area within a radius of
twelve miles around the proposed site;
(c) If the population in the county in which the proposed
new or relocated dealership is to be located is less than two
hundred thousand, the relevant market area is the geographic
area within a radius of sixteen miles around the proposed site.
In determining population for this definition, the most recent
census by the United States Bureau of Census or the most
recent population update, either from the National Planning
Data Corporation or other similar recognized source, shall be
accumulated for all census tracts either wholly or partially
within the relevant market area.
(2) For the purpose of RCW 46.96.140 through
46.96.180, the term "motor vehicle dealer" does not include
dealerships who exclusively market vehicles 19,000 pounds
gross vehicle weight and above.
(3) Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, if a manufacturer intends
or proposes to enter into a franchise to establish an additional
new motor vehicle dealer or to relocate an existing new motor
vehicle dealer within or into a relevant market area in which
the same line make of motor vehicle is then represented, the
manufacturer shall provide at least sixty days advance written
notice to the department and to each new motor vehicle
dealer of the same line make in the relevant market area, of
46.96.140
[Title 46 RCW—page 327]
46.96.150
Title 46 RCW: Motor Vehicles
the manufacturer's intention to establish an additional new
motor vehicle dealer or to relocate an existing new motor
vehicle dealer within or into the relevant market area. The
notice shall be sent by certified mail to each such party and
shall include the following information:
(a) The specific location at which the additional or relocated motor vehicle dealer will be established;
(b) The date on or after which the additional or relocated
motor vehicle dealer intends to commence business at the
proposed location;
(c) The identity of all motor vehicle dealers who are
franchised to sell the same line make vehicles as the proposed
dealer and who have licensed locations within the relevant
market area;
(d) The names and addresses, if available, of the owners
of and principal investors in the proposed additional or relocated motor vehicle dealership; and
(e) The specific grounds or reasons for the proposed
establishment of an additional motor vehicle dealer or relocation of an existing dealer. [1994 c 274 § 1.]
46.96.150 Protest of new or relocated dealership—
Hearing—Arbitration. (1) Within thirty days after receipt
of the notice under RCW 46.96.140, or within thirty days
after the end of an appeal procedure provided by the manufacturer, whichever is greater, a new motor vehicle dealer so
notified or entitled to notice may file a petition with the
department protesting the proposed establishment or relocation. The petition shall contain a short statement setting forth
the reasons for the dealer's objection to the proposed establishment or relocation. Upon the filing of a protest and the
receipt of the filing fee, the department shall promptly notify
the manufacturer that a timely protest has been filed and shall
request the appointment of an administrative law judge under
chapter 34.12 RCW to conduct a hearing. The manufacturer
shall not establish or relocate the new motor vehicle dealer
until the administrative law judge has held a hearing and has
determined that there is good cause for permitting the proposed establishment or relocation. When more than one protest is filed against the establishment or relocation of the
same dealer, the administrative law judge shall consolidate
the hearings to expedite disposition of the matter.
(2) If a manufacturer provides in the franchise agreement
or by written statement distributed and provided to its dealers
for arbitration under the Washington Arbitration Act, chapter
7.04 RCW, as a mechanism for resolving disputes relating to
the establishment of an additional new motor vehicle dealer
or the relocation of a new motor vehicle dealer, then the provisions of this section and RCW 46.96.170 relating to hearings by an administrative law judge do not apply, and a dispute regarding the establishment of an additional new motor
vehicle dealer or the relocation of an existing new motor
vehicle dealer shall be determined in an arbitration proceeding conducted in accordance with the Washington Arbitration
Act, chapter 7.04 RCW. The thirty-day period for filing a
protest under this section still applies except that the protesting dealer shall file his protest with the manufacturer within
thirty days after receipt of the notice under RCW 46.96.140.
(3) The dispute shall be referred for arbitration to such
arbitrator as may be agreed upon by the parties to the dispute.
If the parties cannot agree upon a single arbitrator within
46.96.150
[Title 46 RCW—page 328]
thirty days from the date the protest is filed, the protesting
dealer will select an arbitrator, the manufacturer will select an
arbitrator, and the two arbitrators will then select a third. If a
third arbitrator is not agreed upon within thirty days, any
party may apply to the superior court, and the judge of the
superior court having jurisdiction will appoint the third arbitrator. The protesting dealer will pay the arbitrator selected
by him, and the manufacturer will pay the arbitrator it
selected. The expense of the third arbitrator and all other
expenses of arbitration will be shared equally by the parties.
Attorneys' fees and fees paid to expert witnesses are not
expenses of arbitration and will be paid by the person incurring them.
(4) Notwithstanding the terms of a franchise or written
statement of the manufacturer and notwithstanding the terms
of a waiver, the arbitration will take place in the state of
Washington in the county where the protesting dealer has his
principal place of business. RCW 46.96.160 applies to a
determination made by the arbitrator or arbitrators in determining whether good cause exists for permitting the proposed establishment or relocation of a new motor vehicle
dealer, and the manufacturer has the burden of proof to establish that good cause exists for permitting the proposed establishment or relocation. After a hearing has been held, the
arbitrator or arbitrators shall render a decision as expeditiously as possible, but in any event not later than one hundred twenty days from the date the arbitrator or arbitrators are
selected or appointed. The manufacturer shall not establish or
relocate the new motor vehicle dealer until the arbitration
hearing has been held and the arbitrator or arbitrators have
determined that there is good cause for permitting the proposed establishment or relocation. The written decision of the
arbitrator is binding upon the parties unless modified, corrected, or vacated under the Washington Arbitration Act.
Any party may appeal the decision of the arbitrator under the
Washington Arbitration Act, chapter 7.04 RCW.
(5) If the franchise agreement or the manufacturer's written statement distributed and provided to its dealers does not
provide for arbitration under the Washington Arbitration Act
as a mechanism for resolving disputes relating to the establishment of an additional new motor vehicle dealer or the
relocation of a new motor vehicle dealer, then the hearing
provisions of this section and RCW 46.96.170 apply. Nothing in this section is intended to preclude a new motor vehicle
dealer from electing to use any other dispute resolution
mechanism offered by a manufacturer. [1994 c 274 § 2.]
46.96.160
46.96.160 Factors considered by administrative law
judge. In determining whether good cause exists for permitting the proposed establishment or relocation of a new motor
vehicle dealer of the same line make, the administrative law
judge shall take into consideration the existing circumstances, including, but not limited to:
(1) The extent, nature, and permanency of the investment
of both the existing motor vehicle dealers of the same line
make in the relevant market area and the proposed additional
or relocating new motor vehicle dealer, including obligations
reasonably incurred by the existing dealers to perform their
obligations under their respective franchises;
(2004 Ed.)
Manufacturers' and Dealers' Franchise Agreements
(2) The growth or decline in population and new motor
vehicle registrations during the past five years in the relevant
market area;
(3) The effect on the consuming public in the relevant
market area;
(4) The effect on the existing new motor vehicle dealers
in the relevant market area, including any adverse financial
impact;
(5) The reasonably expected or anticipated vehicle market for the relevant market area, including demographic factors such as age of population, income, education, size class
preference, product popularity, retail lease transactions, or
other factors affecting sales to consumers in the relevant market area;
(6) Whether it is injurious or beneficial to the public welfare for an additional new motor vehicle dealer to be established;
(7) Whether the new motor vehicle dealers of the same
line make in the relevant market area are providing adequate
competition and convenient customer care for the motor
vehicles of the same line make in the relevant market area,
including the adequacy of motor vehicle sales and service
facilities, equipment, supply of vehicle parts, and qualified
service personnel;
(8) Whether the establishment of an additional new
motor vehicle dealer would increase competition and be in
the public interest;
(9) Whether the manufacturer is motivated principally
by good faith to establish an additional or new motor vehicle
dealer and not by noneconomic considerations;
(10) Whether the manufacturer has denied its existing
new motor vehicle dealers of the same line make the opportunity for reasonable growth, market expansion, establishment
of a subagency, or relocation;
(11) Whether the protesting dealer or dealers are in substantial compliance with their dealer agreements or franchises; and
(12) Whether the manufacturer has complied with the
requirements of RCW 46.96.140 and 46.96.150.
In considering the factors set forth in this section, the
administrative law judge shall give the factors equal weight,
and in making a determination as to whether good cause
exists for permitting the proposed establishment or relocation
of a new motor vehicle dealer of the same line make, the
administrative law judge must find that at least nine of the
factors set forth in this section weigh in favor of the manufacturer and in favor of the proposed establishment or relocation
of a new motor vehicle dealer. [1994 c 274 § 3.]
46.96.170 Hearing—Procedures, costs, appeal. (1)
The manufacturer has the burden of proof to establish that
good cause exists for permitting the proposed establishment
or relocation.
(2) The administrative law judge shall conduct any hearing as provided in RCW 46.96.050(2), and all hearing costs
shall be borne as provided in that subsection. The administrative law judge shall render the final decision as expeditiously
as possible, but in any event not later than one hundred
twenty days after a protest is filed. If more than one protest is
filed, the one hundred twenty days commences to run from
the date the last protest is filed. A party to such a hearing
46.96.170
(2004 Ed.)
46.96.185
aggrieved by the final order of the administrative law judge
may appeal as provided and allowed in RCW 46.96.050(3).
[1994 c 274 § 4.]
46.96.180
46.96.180 Exceptions. RCW 46.96.140 through
46.96.170 do not apply:
(1) To the sale or transfer of the ownership or assets of an
existing new motor vehicle dealer where the transferee proposes to engage in business representing the same line make
at the same location or within two miles of that location;
(2) To the relocation of an existing new motor vehicle
dealer within the dealer's relevant market area, if the relocation is not at a site within eight miles of any new motor vehicle dealer of the same line make;
(3) If the proposed new motor vehicle dealer is to be
established at or within two miles of a location at which a
former new motor vehicle dealer of the same line make had
ceased operating within the previous twenty-four months;
(4) Where the proposed relocation is two miles or less
from the existing location of the relocating new motor vehicle dealer; or
(5) Where the proposed relocation is to be further away
from all other existing new motor vehicle dealers of the same
line make in the relevant market area. [1994 c 274 § 5.]
46.96.185
46.96.185 Unfair practices. (1) Notwithstanding the
terms of a franchise agreement, a manufacturer, distributor,
factory branch, or factory representative, or an agent, officer,
parent company, wholly or partially owned subsidiary, affiliated entity, or other person controlled by or under common
control with a manufacturer, distributor, factory branch, or
factory representative, shall not:
(a) Discriminate between new motor vehicle dealers by
selling or offering to sell a like vehicle to one dealer at a
lower actual price than the actual price offered to another
dealer for the same model similarly equipped;
(b) Discriminate between new motor vehicle dealers by
selling or offering to sell parts or accessories to one dealer at
a lower actual price than the actual price offered to another
dealer;
(c) Discriminate between new motor vehicle dealers by
using a promotion plan, marketing plan, or other similar
device that results in a lower actual price on vehicles, parts,
or accessories being charged to one dealer over another
dealer;
(d) Discriminate between new motor vehicle dealers by
adopting a method, or changing an existing method, for the
allocation, scheduling, or delivery of new motor vehicles,
parts, or accessories to its dealers that is not fair, reasonable,
and equitable. Upon the request of a dealer, a manufacturer,
distributor, factory branch, or factory representative shall disclose in writing to the dealer the method by which new motor
vehicles, parts, and accessories are allocated, scheduled, or
delivered to its dealers handling the same line or make of
vehicles;
(e) Give preferential treatment to some new motor vehicle dealers over others by refusing or failing to deliver, in reasonable quantities and within a reasonable time after receipt
of an order, to a dealer holding a franchise for a line or make
of motor vehicles sold or distributed by the manufacturer,
[Title 46 RCW—page 329]
46.96.185
Title 46 RCW: Motor Vehicles
distributor, factory branch, or factory representative, a new
vehicle, parts, or accessories, if the vehicle, parts, or accessories are being delivered to other dealers, or require a dealer to
purchase unreasonable advertising displays or other materials, or unreasonably require a dealer to remodel or renovate
existing facilities as a prerequisite to receiving a model or
series of vehicles;
(f) Compete with a new motor vehicle dealer by acting in
the capacity of a new motor vehicle dealer, or by owning,
operating, or controlling, whether directly or indirectly, a
motor vehicle dealership in this state. It is not, however, a
violation of this subsection for:
(i) A manufacturer, distributor, factory branch, or factory
representative to own or operate a dealership for a temporary
period, not to exceed two years, during the transition from
one owner of the dealership to another where the dealership
was previously owned by a franchised dealer and is currently
for sale to any qualified independent person at a fair and reasonable price. The temporary operation may be extended for
one twelve-month period on petition of the temporary operator to the department. The matter will be handled as an adjudicative proceeding under chapter 34.05 RCW. A dealer who
is a franchisee of the petitioning manufacturer or distributor
may intervene and participate in a proceeding under this subsection (1)(f)(i). The temporary operator has the burden of
proof to show justification for the extension and a good faith
effort to sell the dealership to an independent person at a fair
and reasonable price;
(ii) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership in conjunction with an independent person in a bona fide business relationship for the purpose of broadening the diversity of its
dealer body and enhancing opportunities for qualified persons who are part of a group who have historically been
underrepresented in its dealer body, or other qualified persons who lack the resources to purchase a dealership outright,
and where the independent person: (A) Has made, or within
a period of two years from the date of commencement of
operation will have made, a significant, bona fide capital
investment in the dealership that is subject to loss; (B) has an
ownership interest in the dealership; and (C) operates the
dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or factory representative under which he or she will acquire all of the ownership
interest in the dealership within a reasonable period of time
and under reasonable terms and conditions. The manufacturer, distributor, factory branch, or factory representative
has the burden of proof of establishing that the acquisition of
the dealership by the independent person was made within a
reasonable period of time and under reasonable terms and
conditions. Nothing in this subsection (1)(f)(ii) relieves a
manufacturer, distributor, factory branch, or factory representative from complying with RCW 46.96.185(1) (a)
through (e);
(iii) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership in conjunction with an independent person in a bona fide business relationship where the independent person: (A) Has made, or
within a period of two years from the date of commencement
of operation will have made, a significant, bona fide capital
investment in the dealership that is subject to loss; (B) has an
[Title 46 RCW—page 330]
ownership interest in the dealership; and (C) operates the
dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or factory representative under which he or she will acquire all of the ownership
interest in the dealership within a reasonable period of time
and under reasonable terms and conditions. The manufacturer, distributor, factory branch, or factory representative
has the burden of proof of establishing that the acquisition of
the dealership by the independent person was made within a
reasonable period of time and under reasonable terms and
conditions. The number of dealerships operated under this
subsection (1)(f)(iii) may not exceed four percent rounded up
to the nearest whole number of a manufacturer's total of new
motor vehicle dealer franchises in this state. Nothing in this
subsection (1)(f)(iii) relieves a manufacturer, distributor, factory branch, or factory representative from complying with
RCW 46.96.185(1) (a) through (e);
(iv) A truck manufacturer to own, operate, or control a
new motor vehicle dealership that sells only trucks of that
manufacturer's line make with a gross vehicle weight rating
of 12,500 pounds or more, and the truck manufacturer has
been continuously engaged in the retail sale of the trucks at
least since January 1, 1993; or
(v) A manufacturer to own, operate, or control a new
motor vehicle dealership trading exclusively in a single line
make of the manufacturer if (A) the manufacturer does not
own, directly or indirectly, in the aggregate, in excess of
forty-five percent of the total ownership interest in the dealership, (B) at the time the manufacturer first acquires ownership or assumes operation or control of any such dealership,
the distance between any dealership thus owned, operated, or
controlled and the nearest new motor vehicle dealership trading in the same line make of vehicle and in which the manufacturer has no ownership or control is not less than fifteen
miles and complies with the applicable provisions in the relevant market area sections of this chapter, (C) all of the manufacturer's franchise agreements confer rights on the dealer of
that line make to develop and operate within a defined geographic territory or area, as many dealership facilities as the
dealer and the manufacturer agree are appropriate, and (D) as
of January 1, 2000, the manufacturer had no more than four
new motor vehicle dealers of that manufacturer's line make in
this state, and at least half of those dealers owned and operated two or more dealership facilities in the geographic territory or area covered by their franchise agreements with the
manufacturer;
(g) Compete with a new motor vehicle dealer by owning,
operating, or controlling, whether directly or indirectly, a service facility in this state for the repair or maintenance of
motor vehicles under the manufacturer's new car warranty
and extended warranty. Nothing in this subsection (1)(g),
however, prohibits a manufacturer, distributor, factory
branch, or factory representative from owning or operating a
service facility for the purpose of providing or performing
maintenance, repair, or service work on motor vehicles that
are owned by the manufacturer, distributor, factory branch, or
factory representative;
(h) Use confidential or proprietary information obtained
from a new motor vehicle dealer to unfairly compete with the
dealer. For purposes of this subsection (1)(h), "confidential
or proprietary information" means trade secrets as defined in
(2004 Ed.)
Manufacturers' and Dealers' Franchise Agreements
RCW 19.108.010, business plans, marketing plans or strategies, customer lists, contracts, sales data, revenues, or other
financial information;
(i) Terminate, cancel, or fail to renew a franchise with a
new motor vehicle dealer based upon any of the following
events, which do not constitute good cause for termination,
cancellation, or nonrenewal under RCW 46.96.060: (A) The
fact that the new motor vehicle dealer owns, has an investment in, participates in the management of, or holds a franchise agreement for the sale or service of another make or
line of new motor vehicles, or (B) the fact that the new motor
vehicle dealer has established another make or line of new
motor vehicles or service in the same dealership facilities as
those of the manufacturer or distributor with the prior written
approval of the manufacturer or distributor, if the approval
was required under the terms of the new motor vehicle
dealer's franchise agreement; or
(j) Coerce or attempt to coerce a motor vehicle dealer to
refrain from, or prohibit or attempt to prohibit a new motor
vehicle dealer from acquiring, owning, having an investment
in, participating in the management of, or holding a franchise
agreement for the sale or service of another make or line of
new motor vehicles or related products, or establishing
another make or line of new motor vehicles or service in the
same dealership facilities, if the prohibition against acquiring, owning, investing, managing, or holding a franchise for
such additional make or line of vehicles or products, or establishing another make or line of new motor vehicles or service
in the same dealership facilities, is not supported by reasonable business considerations. The burden of proving that reasonable business considerations support or justify the prohibition against the additional make or line of new motor vehicles or products or nonexclusive facilities is on the
manufacturer.
(2) Subsection (1)(a), (b), and (c) of this section do not
apply to sales to a motor vehicle dealer: (a) For resale to a
federal, state, or local government agency; (b) where the
vehicles will be sold or donated for use in a program of
driver's education; (c) where the sale is made under a manufacturer's bona fide promotional program offering sales
incentives or rebates; (d) where the sale of parts or accessories is under a manufacturer's bona fide quantity discount
program; or (e) where the sale is made under a manufacturer's
bona fide fleet vehicle discount program. For purposes of
this subsection, "fleet" means a group of fifteen or more new
motor vehicles purchased or leased by a dealer at one time
under a single purchase or lease agreement for use as part of
a fleet, and where the dealer has been assigned a fleet identifier code by the department of licensing.
(3) The following definitions apply to this section:
(a) "Actual price" means the price to be paid by the
dealer less any incentive paid by the manufacturer, distributor, factory branch, or factory representative, whether paid to
the dealer or the ultimate purchaser of the vehicle.
(b) "Control" or "controlling" means (i) the possession
of, title to, or control of ten percent or more of the voting
equity interest in a person, whether directly or indirectly
through a fiduciary, agent, or other intermediary, or (ii) the
possession, direct or indirect, of the power to direct or cause
the direction of the management or policies of a person,
whether through the ownership of voting securities, through
(2004 Ed.)
46.96.200
director control, by contract, or otherwise, except as
expressly provided under the franchise agreement.
(c) "Motor vehicles" does not include trucks that are
14,001 pounds gross vehicle weight and above or recreational
vehicles as defined in RCW 43.22.335.
(d) "Operate" means to manage a dealership, whether
directly or indirectly.
(e) "Own" or "ownership" means to hold the beneficial
ownership of one percent or more of any class of equity interest in a dealership, whether the interest is that of a shareholder, partner, limited liability company member, or otherwise. To hold an ownership interest means to have possession of, title to, or control of the ownership interest, whether
directly or indirectly through a fiduciary, agent, or other
intermediary.
(4) A violation of this section is deemed to affect the
public interest and constitutes an unlawful and unfair practice
under chapter 19.86 RCW. A person aggrieved by an alleged
violation of this section may petition the department to have
the matter handled as an adjudicative proceeding under chapter 34.05 RCW. [2003 c 21 § 3; 2000 c 203 § 1.]
Captions not law—2003 c 21: See note following RCW 46.96.020.
46.96.190
46.96.190 Prohibited practices by manufacturer. A
manufacturer shall not coerce, threaten, intimidate, or require
a new motor vehicle dealer, as a condition to granting or
renewing a franchise, to waive, limit, or disclaim a right that
the dealer may have to protest the establishment or relocation
of another motor vehicle dealer in the relevant market area as
provided in RCW 46.96.150. [1994 c 274 § 6.]
46.96.200
46.96.200 Sale, transfer, or exchange of franchise.
(1) Notwithstanding the terms of a franchise, a manufacturer
shall not unreasonably withhold consent to the sale, transfer,
or exchange of a franchise to a qualified buyer who meets the
normal, reasonable, and uniformly applied standards established by the manufacturer for the appointment of a new
dealer or is capable of being licensed as a new motor vehicle
dealer in the state of Washington. A decision or determination made by the administrative law judge as to whether a
qualified buyer is capable of being licensed as a new motor
vehicle dealer in the state of Washington is not conclusive or
determinative of any ultimate determination made by the
department of licensing as to the buyer's qualification for a
motor vehicle dealer license. A manufacturer's failure to
respond in writing to a request for consent under this subsection within sixty days after receipt of a written request on the
forms, if any, generally used by the manufacturer containing
the information and reasonable promises required by a manufacturer is deemed to be consent to the request. A manufacturer may request, and, if so requested, the applicant for a
franchise (a) shall promptly provide such personal and financial information as is reasonably necessary to determine
whether the sale, transfer, or exchange should be approved,
and (b) shall agree to be bound by all reasonable terms and
conditions of the franchise.
(2) If a manufacturer refuses to approve the sale, transfer, or exchange of a franchise, the manufacturer shall serve
written notice on the applicant, the transferring, selling, or
exchanging new motor vehicle dealer, and the department of
[Title 46 RCW—page 331]
46.96.210
Title 46 RCW: Motor Vehicles
its refusal to approve the transfer of the franchise no later
than sixty days after the date the manufacturer receives the
written request from the new motor vehicle dealer. If the
manufacturer has requested personal or financial information
from the applicant under subsection (1) of this section, the
notice shall be served not later than sixty days after the
receipt of all of such documents. Service of all notices under
this section shall be made by personal service or by certified
mail, return receipt requested.
(3) The notice in subsection (2) of this section shall state
the specific grounds for the refusal to approve the sale, transfer, or exchange of the franchise.
(4) Within twenty days after receipt of the notice of
refusal to approve the sale, transfer, or exchange of the franchise by the transferring new motor vehicle dealer, the new
motor vehicle dealer may file a petition with the department
to protest the refusal to approve the sale, transfer, or
exchange. The petition shall contain a short statement setting
forth the reasons for the dealer's protest. Upon the filing of a
protest and the receipt of the filing fee, the department shall
promptly notify the manufacturer that a timely protest has
been filed, and the department shall arrange for a hearing
with an administrative law judge as the presiding officer to
determine if the manufacturer unreasonably withheld consent
to the sale, transfer, or exchange of the franchise.
(5) In determining whether the manufacturer unreasonably withheld its approval to the sale, transfer, or exchange,
the manufacturer has the burden of proof that it acted reasonably. A manufacturer's refusal to accept or approve a proposed buyer who otherwise meets the normal, reasonable,
and uniformly applied standards established by the manufacturer for the appointment of a new dealer, or who otherwise is
capable of being licensed as a new motor vehicle dealer in the
state of Washington, is presumed to be unreasonable.
(6) The administrative law judge shall conduct a hearing
and render a final decision as expeditiously as possible, but in
any event not later than one hundred twenty days after a protest is filed. Only the selling, transferring, or exchanging new
motor vehicle dealer and the manufacturer may be parties to
the hearing.
(7) The administrative law judge shall conduct any hearing as provided in RCW 46.96.050(2), and all hearing costs
shall be borne as provided in that subsection. Only the manufacturer and the selling, transferring, or exchanging new
motor vehicle dealer may appeal the final order of the administrative law judge as provided in RCW 46.96.050(3).
(8) This section and RCW 46.96.030 through 46.96.110
apply to all franchises and contracts existing on July 23,
1989, between manufacturers and new motor vehicle dealers
as well as to all future franchises and contracts between manufacturers and new motor vehicle dealers.
(9) RCW 46.96.140 through 46.96.190 apply to all franchises and contracts existing on October 1, 1994, between
manufacturers and new motor vehicle dealers as well as to all
future franchises and contracts between manufacturers and
new motor vehicle dealers. [1994 c 274 § 7; 1989 c 415 § 18.
Formerly RCW 46.96.120.]
46.96.210
46.96.210 Petition and hearing—Filing fee, costs,
security. The department shall determine and establish the
amount of the filing fee required in RCW 46.96.040,
[Title 46 RCW—page 332]
46.96.110, 46.96.150, and 46.96.200. The fees shall be set in
accordance with RCW 43.24.086.
The department may also require the petitioning or protesting party to give security, in such sum as the department
deems proper but not in any event to exceed one thousand
dollars, for the payment of such costs as may be incurred in
conducting the hearing as required under this chapter. The
security may be given in the form of a bond or stipulation or
other undertaking with one or more sureties.
At the conclusion of the hearing, the department shall
assess, in equal shares, each of the parties to the hearing for
the cost of conducting the hearing. Upon receipt of payment
of the costs, the department shall refund and return to the
petitioning party such excess funds, if any, initially posted by
the party as security for the hearing costs. If the petitioning
party provided security in the form of a bond or other undertaking with one or more sureties, the bond or other undertaking shall then be exonerated and the surety or sureties under
it discharged. [1994 c 274 § 8; 1989 c 415 § 19. Formerly
RCW 46.96.130.]
46.96.220 Right of first refusal. (1) In the event of a
proposed sale or transfer of a new motor vehicle dealership
involving the transfer or sale of more than fifty percent of the
ownership interest in, or more than fifty percent of the assets
of, the dealership at the time of the transfer or sale, where the
franchise agreement for the dealership contains a right of first
refusal in favor of the manufacturer or distributor, then notwithstanding the terms of the franchise agreement, the manufacturer or distributor must be permitted to exercise a right of
first refusal to acquire the dealership only if all of the following requirements are met:
(a) The manufacturer or distributor sends by certified
mail, return receipt requested, or delivers by personal service,
notice of its intent to exercise its right of first refusal within
the lesser of (i) forty-five days of receipt of the completed
proposal for the proposed sale or transfer, or (ii) the time
period specified in the dealership's franchise agreement; and
(b) The exercise of the right of first refusal will result in
the motor vehicle dealer receiving consideration, terms, and
conditions that are equal to or better than that for which the
dealer has contracted in connection with the proposed transaction.
(2) Notwithstanding subsection (1) of this section, the
manufacturer's or distributor's right of first refusal does not
apply to transfer of a dealership under RCW 46.96.110, and
does not apply to a proposed transaction involving any of the
following purchasers or transferees:
(a) A purchaser or transferee who has been preapproved
by the manufacturer or distributor with respect to the transaction;
(b) A family member or members, including the spouse,
biological or adopted child, stepchild, grandchild, spouse of a
child or grandchild, brother, sister, or parent of the dealeroperator, or one or more of the dealership's owners;
(c) A manager continuously employed by the motor
vehicle dealer in the dealership during the previous three
years who is otherwise qualified as a dealer-operator by
meeting the reasonable and uniformly applied standards for
approval of an application as a new motor vehicle dealeroperator by the manufacturer;
46.96.220
(2004 Ed.)
Manufacturers' and Dealers' Franchise Agreements
(d) A partnership, corporation, limited liability company, or other entity controlled by any of the family members, identified in (b) of this subsection, of the dealer-operator; or
(e) A trust established or to be established for the purpose of allowing the new motor vehicle dealer to continue to
qualify as such under the manufacturer's or distributor's standards, or provides for the succession of the franchise agreement to designated family members identified in (b) of this
subsection, or qualified management identified in (c) of this
subsection, in the event of the death or incapacity of the
dealer-operator or its principal owner or owners.
(3) As a condition to the manufacturer or distributor
exercising its right of first refusal, the manufacturer or distributor shall pay the reasonable expenses, including attorneys' fees, incurred by the dealer's proposed purchaser or
transferee in negotiating, and undertaking any action to consummate, the contract for the proposed sale of the dealership
up to the time of the manufacturer's or distributor's exercise
of that right. In addition, the manufacturer or distributor shall
pay any fees and expenses of the motor vehicle dealer arising
on and after the date the manufacturer or distributor gives
notice of the exercise of its right of first refusal, and incurred
by the motor vehicle dealer as a result of alterations to documents, or additional appraisals, valuations, or financial analyses caused or required of the dealer by the manufacturer or
distributor to consummate the contract for the sale of the
dealership to the manufacturer's or distributor's proposed
transferee, that would not have been incurred but for the manufacturer's or distributor's exercise of its right of first refusal.
These expenses and fees must be paid by the manufacturer or
distributor to the dealer and to the dealer's proposed purchaser or transferee on or before the closing date of the sale
of the dealership to the manufacturer or distributor if the
party entitled to reimbursement has submitted or caused to be
submitted to the manufacturer or distributor, an accounting of
these expenses and fees within thirty days after receipt of the
manufacturer's or distributor's written request for the
accounting. A manufacturer or distributor may request the
accounting before exercising its right of first refusal.
(4) As a further condition to the exercise of its right of
first refusal, a manufacturer or distributor shall assume and
guarantee the lease or shall acquire the real property on which
the motor vehicle franchise is conducted. Unless otherwise
agreed to by the dealer and manufacturer or distributor, the
lease terms or the real property acquisition terms must be the
same as those on which the lease or property was to be transferred or sold to the dealer's proposed purchaser or transferee.
(5) If the selling dealer has disclosed to the proposed
purchaser or transferee, in writing, the existence of the manufacturer's or distributor's right of first refusal, then the selling dealer has no liability to the proposed purchaser or transferee for a claim for damages resulting from the manufacturer
or distributor exercising its right of first refusal. If the existence of the manufacturer's or distributor's right of first refusal
was disclosed by the selling dealer to the proposed purchaser
or transferee, in writing, before or at the time of execution of
the purchase and sale or transfer agreement, the manufacturer
or distributor shall indemnify, hold harmless, and defend the
selling dealer from and against any and all claims, damages,
losses, actions, or causes of action asserted by the dealer's
(2004 Ed.)
46.96.230
proposed purchaser or transferee against the selling dealer
arising from the manufacturer's or distributor's exercise of its
right of first refusal, and has the right, under this section, to
file a motion on behalf of the dealer to dismiss the actions or
causes of action asserted by the dealer's proposed purchaser
or transferee. [2003 c 21 § 4.]
Captions not law—2003 c 21: See note following RCW 46.96.020.
46.96.230
46.96.230 Manufacturer incentive programs. (1) A
manufacturer or distributor shall pay a motor vehicle dealer's
claim for payment or other compensation due under a manufacturer incentive program within thirty days after approval
of the claim. A claim that is not disapproved or disallowed
within thirty days after the manufacturer or distributor
receives the claim is deemed automatically approved. If the
motor vehicle dealer's claim is not approved, the manufacturer or distributor shall provide the dealer with written
notice of the reasons for the disapproval at the time notice of
disapproval is given.
(2) A manufacturer may not deny a claim based solely on
a motor vehicle dealer's incidental failure to comply with a
specific claim-processing requirement that results in a clerical error or other administrative technicality.
(3) Notwithstanding the terms of a franchise agreement
or other contract with a manufacturer or distributor, a motor
vehicle dealer has one year after the expiration of a manufacturer or distributor incentive program to submit a claim for
payment or compensation under the program.
(4) Notwithstanding the terms of a franchise agreement
or other contract with a dealer and except as provided in subsection (5) of this section, after the expiration of one year
after the date of payment of a claim under a manufacturer or
distributor incentive program, a manufacturer or distributor
may not:
(a) Charge back to a motor vehicle dealer, whether
directly or indirectly, the amount of a claim that has been
approved and paid by the manufacturer or distributor under
an incentive program;
(b) Charge back to a motor vehicle dealer, whether
directly or indirectly, the cash value of a prize or other thing
of value awarded to the dealer under an incentive program; or
(c) Audit the records of a motor vehicle dealer to determine compliance with the terms of an incentive program.
Where, however, a manufacturer or distributor has reasonable grounds to believe that the dealer committed fraud with
respect to the incentive program, the manufacturer or distributor may audit the dealer for a fraudulent claim during any
period for which an action for fraud may be commenced
under applicable state law.
(5) Notwithstanding subsection (4)(a) and (b) of this section, a manufacturer or distributor may make charge-backs to
a motor vehicle dealer if, after completion of an audit of the
dealer's records, the manufacturer or distributor can show, by
a preponderance of the evidence, that (a) the claim was intentionally false or fraudulent at the time it was submitted to the
manufacturer or distributor, or (b) with respect to a claim
under a service incentive program, the repair work was
improperly performed in a substandard manner or was unnecessary to correct a defective condition. [2003 c 21 § 5.]
Captions not law—2003 c 21: See note following RCW 46.96.020.
[Title 46 RCW—page 333]
46.96.240
Title 46 RCW: Motor Vehicles
46.96.240
46.96.240 Venue. Notwithstanding the provisions of a
franchise agreement or other provision of law to the contrary,
the venue for a cause of action, claim, lawsuit, administrative
hearing or proceeding, arbitration, or mediation, whether
arising under this chapter or otherwise, in which the parties or
litigants are a manufacturer or distributor and one or more
motor vehicle dealers, is the state of Washington. It is the
public policy of this state that venue provided for in this section may not be modified or waived in any contract or other
agreement, and any provision contained in a franchise agreement that requires arbitration or litigation to be conducted
outside the state of Washington is void and unenforceable.
This section does not apply to a voluntary dispute resolution procedure that is not binding on the dealer. [2003 c 21 §
6.]
Captions not law—2003 c 21: See note following RCW 46.96.020.
46.96.900
46.96.900 Severability—1989 c 415. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 415 § 22.]
Chapter 46.98
the title, or the application of the provision to other persons or
circumstances is not affected. [1961 c 12 § 46.98.040.]
46.98.041 Severability—1963 ex.s. c 3.
47.98.041.
See RCW
46.98.042 Severability—1965 ex.s. c 170.
47.98.042.
See RCW
46.98.043 Severability—1969 ex.s. c 281.
47.98.045.
See RCW
46.98.050 Repeals and saving—1961 c 12.
c 12 § 46.98.050.
See 1961
46.98.041
46.98.042
46.98.043
46.98.050
46.98.060 Emergency—1961 c 12. This act is necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing institutions and shall take effect immediately. [1961
c 12 § 46.98.060.]
46.98.060
Chapter 46.98 RCW
CONSTRUCTION
Sections
46.98.010
46.98.020
46.98.030
46.98.040
46.98.041
46.98.042
46.98.043
46.98.050
46.98.060
Continuation of existing law.
Provisions to be construed in pari materia.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Severability—1963 ex.s. c 3.
Severability—1965 ex.s. c 170.
Severability—1969 ex.s. c 281.
Repeals and saving—1961 c 12.
Emergency—1961 c 12.
46.98.010
46.98.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter, and relating to
the same subject matter, shall be construed as restatements
and continuations, and not as new enactments. [1961 c 12 §
46.98.010.]
46.98.020
46.98.020 Provisions to be construed in pari materia.
The provisions of this title shall be construed in pari materia
even though as a matter of prior legislative history they were
not originally enacted in the same statute. The provisions of
this title shall also be construed in pari materia with the provisions of Title 47 RCW, and with other laws relating to highways, roads, streets, bridges, ferries and vehicles. This section shall not operate retroactively. [1961 c 12 § 46.98.020.]
46.98.030
46.98.030 Title, chapter, section headings not part of
law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of
the law. [1961 c 12 § 46.98.030.]
46.98.040
46.98.040 Invalidity of part of title not to affect
remainder. If any provision of this title or its application to
any person or circumstance is held invalid, the remainder of
[Title 46 RCW—page 334]
(2004 Ed.)
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